MPs Warn Strategic Goods Bill Could Create Bloated Bureaucracy, Slow Trade

A parliamentary committee has raised sharp concerns over the proposed Strategic Goods Control Bill, 2026, warning that the legislation could create an expensive and cumbersome bureaucracy that may slow trade and complicate business operations in Kenya.

The concerns emerged during public participation hearings before the National Assembly Departmental Committee on Administration and Internal Security, where lawmakers questioned the structure and powers proposed under the Bill.

The proposed law seeks to regulate the importation, exportation, transit and trade of strategic goods, sensitive technologies and dual-use items considered a potential risk to national security.

Stakeholders appearing before the committee included officials from the State Department for Internal Security, the Ministry of Defence, the Office of the Attorney General, the State Department for Trade and the State Department for Mining.

Committee chairperson and Narok West MP Hon. Gabriel Tongoyo challenged the decision to establish a committee to oversee strategic trade instead of creating a fully-fledged regulatory authority.

“The objective of this Bill is to control trade of listed strategic goods and technology, but in my opinion, this would have been better handled by a board or regulatory authority rather than a committee,” said Tongoyo.

He argued that sectors such as firearms and nuclear materials are already managed by independent regulators, raising doubts about whether the proposed committee would have the authority and efficiency needed to handle such a sensitive mandate.

However, Principal Parliamentary Counsel Ms. Olivia Simiyu defended the framework, saying the intention was not to create another state corporation but to establish a coordinating body that would bring together existing regulators.

“The purpose of the committee was not to take over the mandate of existing bodies such as the Nuclear Regulatory Authority or the Firearms Licensing Board. It is meant to coordinate various agencies and streamline verification processes,” she said.

Despite the explanation, lawmakers maintained that the Bill grants the committee powers typically associated with an independent regulator, including registration, licensing, suspension of licences and handling appeals.

“If the committee is doing registration and licensing, then essentially it becomes a regulator. At the same time, it is expected to provide oversight. There seems to be a disconnect,” Tongoyo observed.

MPs also warned that the proposed system could introduce unnecessary bureaucracy and frustrate traders through multiple approval requirements.

Saku MP and committee vice-chairperson Hon. Dido Rasso cautioned that the institution could evolve into a costly bureaucracy requiring a large secretariat and specialised personnel drawn from various ministries and agencies.

“We do not wish to make pedestrian laws that will later be challenged in court or fail to function,” said Rasso.

He further warned that businesses could be forced to seek approvals from several agencies, undermining the government’s efforts to improve the ease of doing business.

Suna West MP Hon. Peter Masara also sought clarity on which Cabinet Secretary would oversee implementation of the law and called for clear professional qualifications for the director of the proposed secretariat.

“This is a highly specialised sector. Whoever coordinates it must have very specific skills,” he said.

Security sector representatives defended the proposal, arguing that the framework would minimise costs by relying on officers seconded from existing government agencies rather than hiring new staff.

A representative from the National Intelligence Service admitted that a committee structure may not be as effective as a fully-fledged authority but noted that the government was operating under directives aimed at reducing the number of state agencies.

Despite the criticism, the parliamentary committee resolved to continue consultations on the Bill in an effort to strike a balance between national security interests and the need to maintain a business-friendly trade environment.