The proposal aligns Kenya with jurisdictions such as South Korea, Indonesia, and South Africa, where parliamentary libraries function as national knowledge repositories.
Kenyan publishers are demanding an extension to the 14-day compliance window proposed in the Books and Newspapers (Amendment) Bill, 2025.
Representatives from the Kenya Publishers Association (KPA) told the National Assembly Committee on Broadcasting and Library that the fortnight deadline is “unrealistic” for an industry grappling with production bottlenecks, quality control, and distribution challenges – particularly for smaller presses.
What The Bill Proposes
The legislation would add Parliament – via the Clerk of the Senate – as a fourth mandatory recipient for legal deposits, alongside the existing trio of the Registrar of Books and Newspapers, Kenya National Library Service, and Kenya National Archives.
Here’s the thing: Publishers would need to submit up to three copies of each title at publication, or within one month if formally requested. The Bill introduces mandatory digital deposits to all four institutions – a first for Kenya’s legal deposit regime.
The proposal aligns Kenya with jurisdictions such as South Korea, Indonesia, and South Africa, where parliamentary libraries function as national knowledge repositories. The Bill also (at last!) modernises colonial-era language, replacing references to “the Colony” with “Kenya”.
Industry Concerns
Musyoki Muli of the KPA advocated for a minimum one-month compliance period and proposed establishing a central repository to streamline distribution logistics.
Publishers emphasised that while they support cultural preservation, the law must balance archiving obligations against sector viability – particularly given Kenya’s reliance on educational publishing.
Stiff Penalties Remain
Non-compliance carries severe sanctions unchanged from the 1960 Act: fines up to KSh1 million, imprisonment up to three years (five for repeat offenders), and potential publishing bans. Publishers bear all submission costs.
The View From The Beach
Legal deposit is standard globally, though implementation varies. The UK requires one copy to the British Library (with five other libraries entitled to request copies within 12 months), while the US mandate was curtailed in 2023 when a DC Circuit Court ruled compulsory deposit for on-demand print works unconstitutional under the Fifth Amendment.
Canada requires two copies to Library and Archives Canada. Unlike many jurisdictions, Kenya’s law provides no compensation for deposited copies.
MPs have directed the KPA to submit detailed written reservations. The Bill remains under committee scrutiny before advancing to second reading, where timelines and sanctions will be debated .
This post first appeared in the TNPS LinkedIn newsfeed.
