Kenya

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1. Does Kenya have a sanctions regime in place?

Yes. Please see the response at point 2.

2. Does Kenya implement UN sanctions?

Yes. Kenya signed the UN Charter in 1963 and ratified it in 1994. The Constitution of Kenya provides under Article 2(6) that any treaty or convention ratified by Kenya shall form part of the laws of Kenya.

3. Does Kenya implement an autonomous sanctions regime?

No.

4. What is the nature of the sanctions regime in Kenya?

The approach taken by Kenya in implementing sanctions can be said to be event specific in that different administrative decisions are made by the government to implement what has been provided under UN sanctions or under any other treaty.

5. Does Kenya maintain a list of sanctioned individuals and entities?

No.

6. Are there any other lists related to sanctions?

No.

7. Does Kenya have a licensing or authorization system in place?

No.

8. What are the consequences for a breach of sanctions in Kenya?

Kenya does not have a specific regulator who is responsible for monitoring or enforcing compliance with UN Sanctions. Where there is non-compliance with UN sanctions, the available remedy is applying to the High Court of Kenya for an order that a certain omission or violation has been committed and that the same amounts to a breach of the UN Charter. The High Court of Kenya has jurisdiction to pass any sentence prescribed by law or to issue an order that a certain omission or violation has occurred and that the same amounts to a breach of the law.

9. Who are the relevant regulators in Kenya and what are their contact details?

Kenya does not have a specific regulator who is responsible for monitoring or enforcing compliance with UN Sanctions.

Contributor law firm

Suzanne Muthaura

Partner

Edward Kimuna

Junior Associate

MMAN Advocates

1st Floor, Wing B, Capitol Hill Square, Off Chyulu Road

Upper Hill, P.O. Box 8418

Nairobi 00200

smuthaura@mman.co.ke

ekimuma@mman.co.ke

T: (+254) 20 259 69 94 / (+254) 718 28 66 83 / (+254) 20 273 75 72/75/78 http://www.mman.co.ke

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