While in Kenya, you must acknowledge that you’re subject to the laws of the land, even if you’re a citizen of another country. Even if you accidentally break a Kenyan law, the severity of this act could lead to fines, imprisonment, or deportation, so it’s important to educate yourself about Kenyan laws that are relevant to you as a traveler.

In learning about Kenyan customs and practices, keep in mind that some offenses are taken very seriously and subject to legal actions. Here are some local laws and etiquette tips travelers to Kenya should know.

Local Laws in Kenya Travelers Should Know

The legal system in Kenya descends from the British Common Law System, as Kenya gained its independence from British colonial rule in 1963. Though it still reflects the influence of those UK legal traditions, Kenya’s legal system also incorporates statutory law and customary law.

There are various actions and offenses that could lead to legal consequences, such as an arrest, in Kenya, including criminal activities, public disorder, environmental harm, traffic offenses, and immigration violations.

As a traveler, there are certain Kenyan laws that can directly affect and impact you that must be adhered to. These can extend to taking photographs or filming in public spaces, encounters with wildlife, drinking in public, and using tobacco or drugs. Here are some local Kenyan laws that foreign visitors should be aware of and what to do if you are facing the Kenyan authorities..

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Currency

Currency greater than US$10,000 or its equivalent must be declared at customs upon arrival in Kenya.

It’s illegal to deface or destroy Kenyan currency.

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Passport and Visas

Foreign travelers are required to bring a valid passport and a valid visa to enter Kenya. The only exceptions for Kenyan entry visas involve those who are:

  • Citizens of East African Community member countries, including Uganda, Tanzania, Rwanda, Burundi, and South Sudan; these citizens are recommended to carry a valid national identification card or passport for identification purposes.
  • Citizens of the African Union, whose visa is issued at the port of entry upon presentation of a valid passport
  • Diplomatic and official passport holders of certain countries, including Brazil, China, Cuba, India, and Turkey
  • Passport holders who are citizens of countries including the Bahamas, Botswana, Cyprus, Dominica, Ethiopia, Fiji, Ghana, Grenada, Kiribati, Lesotho, Malaysia, Maldives, Namibia, Saint Lucia, Seychelles, Singapore, Solomon Islands, Tonga, Vanuatu, Zambia, and Zimbabwe

However, it’s important to note that immigration officers can deny entry if there are concerns involving security operations, travel history, or other relevant factors. When traveling to Kenya, it’s advised to meet all requirements and carry essential supporting documents.

In general, you should carry your passport and visa on your person at all times while in Kenya. Your passport serves as a primary form of identification and proof of nationality, while your visa is the official document permitting entry and stay in Kenya for a specific period. You may need to present both when going through immigration and security or checking into a hotel, guesthouse, or other type of accommodation.

In some cases, law enforcement officers might request to see your passport and visa with little or no warning; it is advised to cooperate and show them upon request.

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Customs and Border Patrol

Kenya banned single-use plastics in 2017, so don’t bring any plastic water bottles or grocery or Ziploc bags. Pack toiletries in a clear waterproof bag instead.

You can bring personal items, such as clothing, toiletries, personal electronics, and other goods for personal use, for your stay in Kenya. Prescription medications must be accompanied by a valid prescription or supporting documentation.

It’s advised to carry medications in their original packaging and have a copy of the prescription or a doctor’s letter explaining the need for the medication.

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Photographs and Video Recordings

There are areas in Kenya where photography and/or video recording is limited or banned under local law. They include:

The Official Secrets Act, Cap 187, prohibits taking photographs or making sketches of specified areas, such as military installations, government buildings, and other sensitive areas. This law is intended to protect national security and prevent the disclosure of state secrets.

The Protected Areas and Wildlife Conservation Act, Cap 376, prohibits the use of photography in certain protected areas, such as Kenya’s national parks and wildlife reserves, without a permit.

The Antiquities and Monuments Act, Cap 215, prohibits taking photographs or filming in certain archaeological sites, monuments, and heritage buildings without a permit.

The Children Act, 2001, prohibits the taking of photographs or filming of children in certain situations without the consent of their parent or guardian.

The Photography and Film Regulations, 2019, require photographers and filmmakers to obtain permits before taking photographs or filming in public spaces, such as streets, parks, and beaches. They also list restrictions on the use of drones for photography and film.

If you do seek to take images or videos, it’s crucial to obtain permission first.

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Indigenous Sites

Visitors can meet and interact with the Massai, a noble tribe linked to Kenya, through tour bookings. Look for tour companies that practice responsible and ethical tourism standards.

Before visiting Indigenous sites or religious areas, research and learn about their specific communities, history, traditions, and cultural practices. Whenever possible, engage a local tour operator who has knowledge of the Indigenous site and the community. They not only can provide valuable insights but also ensure that you navigate the site with cultural sensitivity.

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Drinking

The legal drinking age in Kenya is 18. Alcohol consumption in Kenya is primarily expected within licensed establishments, such as bars, restaurants, clubs, and hotels. There are areas in Kenya where it is banned, including all public beaches.

It is illegal and widely frowned upon to be publicly intoxicated or cause public disturbances due to excessive alcohol consumption. Public intoxication can lead to an intervention by the local authorities and legal consequences.

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Smoking and Tobacco

Under the Tobacco Control Act, smoking is prohibited in all public places throughout Kenya, including government buildings, healthcare facilities, educational institutions, restaurants, bars, public transport vehicles, and enclosed workplaces. There may be designated smoking areas, but confirm first before lighting up.

Kenya carries heavy penalties for smoking, ranging from KSh50,000 to 3 million (Kenya shillings; KES) in fines to imprisonment for six months to three years.

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Marijuana

Cannabis laws in Kenya are strict. Possession, use, and sale are all illegal. If found guilty of possession of cannabis for personal use, you could face a jail term of up to ten years or a fine of KSh250,000—or both.

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Drugs

The law in Kenya categorizes various substances as prohibited drugs, including cocaine, narcotics (such as heroin), and synthetic drugs, like methamphetamines. The possession, use, sale, and trafficking of these substances are strictly prohibited. Penalties can range from fines to imprisonment.

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Driving

Motorists in Kenya drive on the left side of the road and must have a valid driver’s license and vehicle insurance whenever on the road.

Those found guilty of drunk driving run the risk of a fine up to KSh100,000, a two-year prison term, or both.

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LGBTQ+ Travelers

Travelers within the LGBTQ+ community should be aware that LGBTQ-related rights in Kenya are a complex and sensitive topic, especially in terms of the law involving same-sex relationships. Same-sex sexual activity is criminalized in Kenya, and same-sex marriages or civil unions are not legally recognized.

Despite these legal and social challenges, however, there are local LGBTQ+ community rights organizations and activists in Kenya working to promote equality and advocacy.

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Wildlife and Animals

Kenya’s Wildlife Conservation and Management Act governs wildlife protection and conservation efforts, with updates added in January 2014 to strengthen its efforts and make them sustainable. Among other factors, the law prohibits activities that harm wildlife or their habitats, such as hunting, capturing, killing, or trading wildlife without appropriate permits.

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Campfires

The experience of sitting around a campfire in Kenya is offered at safari camps. To ensure safety for both guests and the surrounding environment, these campfires are typically supervised by trained guides or staff members who maintain a safe distance from wildlife. Campfires are usually contained within designated areas, and precautions are taken to prevent any risks.

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Public Displays of Affection

Public displays of affection between couples, especially those belonging to the LGBTQ+ community, are frowned upon in most areas of Kenya.

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Dress Code

The general rule for what to wear in Kenya is conservative clothing, especially within predominantly Muslim communities and when you visit religious areas. Particularly away from tourist resorts, it’s best to dress modestly to avoid offending local sensitivities and religious beliefs. Put on long, loose-fitting attire that covers your shoulders, knees, midriff, chest, and back.

Avoid any articles of clothing that looks like a military uniform, such as camouflage, as it’s against the law. White clothing and shoes run the risk of getting stained from dust.

What Happens If I Break the Law While Visiting Kenya?

If you commit a crime or are suspected of committing a crime in Kenya, you will be subject to the Kenyan legal system.

If you are suspected of committing a crime, you may be arrested by local officials, taken into custody, and held in a Kenyan detention facility while the legal process unfolds.

The Kenyan legal process involves investigation, trial, and sentencing, though the specific proceedings depend on the nature and severity of the offense. (Violent crime and terrorist attacks are taken much more seriously than, say, pickpocketing.)

If you’re arrested and imprisoned in Kenya, you should immediately seek legal assistance from a reputable law firm or lawyer. You should also immediately alert your country’s embassy or consulate. They can provide assistance and guidance on what you should do next.

Kenya Extraterritorial Jurisdiction

Kenya has provisions for extraterritorial jurisdiction under certain circumstances, along with an extradition treaty in place with the United States. The Kenyan Penal Code provides for extraterritorial jurisdiction in specific situations. Kenyan citizens can be prosecuted in Kenya for offenses committed outside the country if those offenses are punishable under Kenyan law.

Kenya: Know Before You Go

Obtaining the proper visa is an essential part of planning your trip. At Entriva, we can easily and efficiently help you with every aspect of getting a Kenyan visa. Start your visa application process.

Doing your research before traveling helps you avoid issues and be prepared in case of an emergency. For more information on other aspects of travel to Kenya, including travel restrictions, health and safety, local culture and customs, and the visa types available, visit our Kenya content hub.