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Kenya

The laws most likely to catch a visitor off guard. What is legal at home can be a serious crime here — each rule links to its official source.

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Drugs

PROHIBITED

Penalties for possessing, using, or trafficking illegal drugs in Kenya are severe.

Long jail sentences and heavy fines.

§ US State Dept — Kenya

Cannabis

PROHIBITED

Cannabis is illegal in Kenya. Simply having it is a criminal offence under section 3 of the Narcotic Drugs and Psychotropic Substances (Control) Act (Cap. 245). If you satisfy the court that the cannabis was intended solely for your own consumption the maximum is five years' imprisonment or a fine of up to one hundred thousand shillings, but that is something you must prove after arrest, not a personal-use allowance. Using it is a separate offence with a higher minimum penalty, the trafficking section is worded to cover mere possession with far heavier penalties banded by weight, and police may arrest without a warrant.

Possession of any narcotic drug is an offence under section 3(1) of Cap. 245. Where the person satisfies the court the cannabis was solely for personal consumption, section 3(2)(a) provides imprisonment of not more than five years or a fine of not more than one hundred thousand shillings, and the court may additionally order a treatment or rehabilitation programme of not less than six months (section 3(2)(c)). Smoking, inhaling or otherwise using a narcotic drug is a separate offence under section 5(1)(a), carrying a fine of not less than two hundred and fifty thousand shillings or imprisonment of not less than five years, or both. Section 4 on trafficking is worded to cover a person who has a narcotic drug in his or her possession, with penalties banded by quantity: 1 to 100 grams, not less than thirty million shillings or thirty years; more than 100 grams, not less than fifty million shillings or three times market value, whichever is greater, or fifty years. Police may arrest without a warrant (section 80).

§ Kenya Law (National Council for Law Reporting) - Narcotic Drugs and Psychotropic Substances (Control) Act, Cap. 245, ss. 3 to 5, as amended by Act No. 4 of 2022

Weapons

PROHIBITED

Importing firearms (including sporting guns) is prohibited except under permit, and possessing any ammunition without a firearms certificate carries a mandatory minimum sentence.

Any ammunition: minimum 7-year sentence; Firearms Act violations: 1 year to life.

§ US State Dept — Kenya

Customs & Cash

RESTRICTED

You may depart Kenya with a maximum of 100,000 Kenyan shillings, and destroying Kenyan currency — even in small amounts — is illegal.

Destroying Kenyan currency almost always results in arrest and a fine.

§ US State Dept — Kenya

Imports & Customs

PROHIBITED

Strict rules apply to importing or exporting ivory, rhino horn, and other wildlife products (hides, skins, teeth) under Kenya's Wildlife Act.

Large fines and up to life imprisonment for banned wildlife items.

§ US State Dept — Kenya

Alcohol

RESTRICTED

Kenya regulates public alcohol consumption; a person found intoxicated or disorderly near public areas may be arrested without warrant, and repeat offenses can trigger mandatory rehabilitation at your own cost.

Up to ~500 KES fine and/or up to 3 months imprisonment.

§ US State Dept — Kenya

Tobacco

RESTRICTED

Smoking in public places is prohibited except in designated areas under Kenya's Tobacco Control Act, which strictly regulates tobacco sale and marketing.

§ US State Dept — Kenya

Driving

CONDITIONAL

You can drive in Kenya on your home photocard licence for up to 3 months; after that you need a 1968-version International Driving Permit together with your licence, and you cannot buy an IDP once you have left home.

On-the-spot fines from traffic police are common but illegal — if stopped, ask the officer to issue the correct paperwork.

§ UK FCDO — Kenya

LGBTQ+ Safety

PROHIBITED

Kenyan law criminalizes same-sex sexual activity — the penal code prohibits 'carnal knowledge against the order of nature' with a maximum penalty of 14 years, and a separate statute criminalizes sex between men with a maximum of 21 years.

Up to 14 years imprisonment (general) or up to 21 years (sex between men).

§ US State Dept — Kenya

Public Conduct

GOOD TO KNOW

Kenya's coastal areas are mainly Muslim — dress conservatively away from tourist resorts and hotels, particularly in Mombasa, and avoid public displays of affection.

Public displays of affection can lead to arrest and imprisonment.

§ UK FCDO — Kenya
LawLert is an independent app and is not affiliated with any government. It summarizes laws from official government and U.S. State Department sources for general information only. This is not legal advice, and laws change. Always confirm with official sources and local authorities before you travel.