Local Laws

CRIMINAL PENALTIES: While you are traveling in Kenya, you are subject to its laws even, if you are a U.S. citizen. Foreign laws and legal systems can be vastly different from our own. In some places, you may be taken in for questioning if you do not have your passport with you. In some places, it is illegal to take pictures of certain buildings. Driving under the influence could land you immediately in jail.

Persons violating Kenya's laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking illegal drugs in Kenya are severe, and convicted offenders can expect long jail sentences and heavy fines. Kenya has recently enacted strict legislation regulating the sale and consumption of alcohol and cigarettes. Please see the Special Circumstances section below.

There are also some things that might be legal in the country you visit, but still illegal in the United States. You can be prosecuted in the United States for engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws. Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.

Arrest notifications in host country: Kenya is a signatory to the Vienna Convention on Consular Relations (VCCR), and is required by the VCCR to ask any detained U.S. citizen if he/she would like the U.S. Embassy to be notified and to contact the U.S. Embassy if the detained U.S. citizen requests it. Kenya does not routinely comply with its VCCR obligation. Any U.S. citizen who is detained should request U.S. Embassy notification if he/she would like consular assistance. U.S. citizens are encouraged to carry a copy of their U.S. passport with them at all times, so that proof of identity and U.S. citizenship is readily available if questioned by local officials.

SPECIAL CIRCUMSTANCES: Kenyan customs authorities may enforce strict regulations concerning temporary importation into or export from Kenya of items such as firearms, religious materials, antiquities, medications, business equipment, currency, ivory, etc. In 2009 and 2010, a number of U.S. citizens were detained or arrested for attempting to bring contraband into Kenya. It is advisable to contact the Embassy of Kenya or one of Kenya’s consulates in the United States for specific information regarding customs requirements.  

Visitors should be aware of Kenya’s Alcoholic Drinks Control Act of 2010, which regulates when and where alcoholic drinks may be consumed in public. The regulations are strict and difficult to follow. For example, certain restaurants are authorized to sell alcoholic drinks on any day of the week to persons having meals in the restaurant, for consumption with such meals, from Monday to Friday during the hours of 5.00 p.m. to 11.00 p.m., and during weekends and public holidays during the hours of 2.00 p.m. to 11.00 p.m. Nightclubs have different licenses, most of which allow alcohol to be consumed until 3:00 a.m., while hotels do not have any restrictions on alcohol consumption. More information on this law may be found on Kenya's substance abuse website, NACADA. The police sporadically enforce these laws and have arrested some tourists found in violation. The Tobacco Control Act 2007 regulates public smoking and the marketing and sale of tobacco products in Kenya. In public places, smoking is allowed only in designated smoking areas. If an individual is discovered smoking outside these designated areas, a substantial fine may be imposed.

Up to 100,000 Kenyan shillings may be taken out of the country. Destruction of Kenyan currency, even in small amounts, is illegal, and almost always results in arrest and a fine.  Visitors to Kenya carrying U.S. Dollars should ensure that the bills are relatively new, as banks in Kenya have been known not to accept older U.S. currency.

Wild animals may pose danger to travelers in some regions of Kenya. Serious injuries and deaths have occurred in Kenya's national reserves, forests, and wilderness areas. Travelers are advised that, even in the most serene settings, animals are wild and can present a threat to life and safety. In addition, potentially dangerous areas may lack fences and warning signs. Travelers are cautioned to observe all local or park regulations and exercise appropriate caution in unfamiliar surroundings. Travelers are advised to thoroughly check the qualifications and safety record of all tourist lodges and guides before engaging their services and venturing into the wild in their care. The governing body of Kenya’s national parks, Kenya Wildlife Service (KWS), announced in March 2010 that all tour operators and safari lodges must purchase a nationally-mandated insurance policy. Visitors should inquire whether prospective safari camps or tour operators are in compliance with this requirement.

Use of firearms is strictly forbidden in wildlife reserves and national parks. Permission to carry firearms must be obtained from local authorities prior to entry.

Local tap water is not potable. Sealed bottled water is safe to drink and can be purchased in hotels, restaurants, and grocery stores.  

Kenya Telephone and Telegraph has discontinued its "collect call" facility and 1-800 numbers cannot be accessed from Kenyan landlines, though they can be called through a mobile phone by using the prefix +. Use of international long-distance calling cards is very limited in Kenya. International long-distance costs from Kenya on a landline are significantly higher than corresponding long-distance rates in the United States, but calling to the United States on a mobile phone is very inexpensive. Several local companies offer computer Internet access, including on an hourly rate basis. Many hotels have fax machines but often limit access to guests; some fax services are also available at office supply shops. Travelers are urged to consider their method of maintaining contact with family and friends when making their travel preparations.

While the new constitution recognizes dual nationality, this portion of the law is not yet officially enacted. In addition to being subject to all Kenyan laws affecting U.S. citizens, dual nationals may also be subject to laws that impose special obligations on Kenyan citizens. For additional information, see the Bureau of Consular Affairs information on dual nationality.

WOMEN TRAVELER INFORMATION: If you are a woman traveling abroad, please review our travel tips for Women Travelers.

LGBT RIGHTS:  Although authorities have rarely prosecuted persons for engaging in same gender sexual activity, it is a criminal act in Kenya. The Kenyan penal code criminalizes “carnal knowledge against the order of nature,” which is interpreted to prohibit consensual same-sex sexual activity, and specifies a maximum penalty of 14 years’ imprisonment. A separate statute specifically criminalizes sex between men and specifies a maximum penalty of 21 years’ imprisonment. Police have detained persons under these laws, particularly suspected sex workers, but released them shortly afterward. Travelers should be aware of cultural norms as well as the risk of possible arrest and imprisonment for such activities. Kenya is a relatively conservative society. Overt public displays of affection between persons of the opposite gender will likely garner serious disapproval, particularly in rural areas. Public displays of affection between persons of the same gender also risk serious disapproval, and possibly violence. LGBT advocacy organizations, such as the Gay and Lesbian Coalition of Kenya, have been permitted to register and conduct activities. However, societal discrimination based on sexual orientation is widespread. Violence against the LGBT community has also occurred, particularly in rural areas and among refugees. NGO groups report that police have intervened to stop attacks, but generally have not been sympathetic to LGBT individuals or concerns. For more detailed information about LGBT rights in Kenya, you may review the State Department’s annual Country Reports on Human Rights Practices.  LGBT travelers should review the LGBT Travel Information page.

ACCESSIBILITY: While in Kenya, individuals with disabilities may find accessibility and accommodation very different from in the United States. Although Kenyan law prohibits discrimination against persons with disabilities, the government has not effectively enforced these provisions and implementation has been slow. Very few government or private buildings, medical facilities, restaurants or other public or private facilities have adequate access for the disabled. Travelers to Kenya will find very little accessibility to public transportation or taxis. There is no functioning bus system in Nairobi, but rather an extensive use of vans (“matatus”) that travel along designated routes, or taxis. Neither of these options can easily accommodate wheelchairs and most often are hailed from the side of busy roads. Footpaths along the side of roads are generally unpaved, bumpy, dirt paths with unmarked road crossings.