A fresh proposal before the National Assembly aims to compel all Kenyan publishers to submit copies of their artistic work to Parliament for scrutiny, failure to do so could result in fines, including a jail sentence.

The Books and Newspapers (Amendment) Bill, 2025, introduced by the Parliamentary Broadcasting and Library Committee, seks to add to the list of official institutions that must receive copies of every book or publication produced in the country.

The Bill, dated October 16, 2025 and already past its first reading, seeks to revise the long-standing Books and Newspapers Act, Cap 111. At the moment, publishers are only required to deliver copies to the Registrar of Books, the Kenya National Library Service, and the Kenya National Archives.

Proposal approval

If MPs eventually approve the amendments, the Clerk of the Senate will become an additional compulsory recipient for both print and digital versions of newly released creative works. The intention is to expand the country’s preservation of intellectual content in modern and traditional formats.

According to the memorandum accompanying the Bill, Parliament’s library will be upgraded to serve as a national knowledge centre, similar to systems already in place in nations like South Korea, Indonesia, and South Africa, ensuring lawmakers and future generations have a reliable historical record of Kenyan publications.

The proposed law also requires publishers to provide as many as three copies of each title at the time of release, or within 30 days if the Clerk of the Senate or the Registrar formally demands them.

Once delivered, the books may either remain in Parliament for archival purposes or be distributed to other institutions at the direction of the Cabinet Secretary for Education.

Current status

The current Act already imposes penalties for ignoring legal-deposit rules, and these sanctions will remain. This means publishers who fail to comply may still face monetary fines or imprisonment, depending on the gravity of the breach.

At present, publishing or printing material without meeting the law’s requirements can lead to a fine of up to Ksh1 million, a prison term of as long as three years, or both. Repeat offenders risk imprisonment for up to five years and may be barred from future publishing activities.

There is also a penalty for failing to include proper printing or publishing details in newspapers or books, a maximum fine of Ksh5,000, up to six months in jail, or both. Courts may additionally order improperly labelled copies to be seized or destroyed.

The Bill will next undergo committee scrutiny, public participation, and a second reading, where MPs will debate its provisions, including the proposed sanctions for non-compliance.