A new bill is currently before the National Assembly that seeks to make it mandatory for Kenyan publishers to submit copies of their creative works to Parliament, with non-compliance potentially leading to jail time or a fine.
The Books and Newspapers (Amendment) Bill, 2025, sponsored by members of the Parliamentary Broadcasting and Library Committee, mandates that all publishers submit copies of their works to Parliament, in addition to existing national repositories.
The Bill, published on October 16, 2025, and which has completed its first reading, proposes amendments to the Books and Newspapers Act, Cap 111, which currently requires publishers to deliver copies of their books to the Registrar, the Kenya National Library Service, and the Kenya National Archives.
Under the new law, should it get the lawmakers' nod, Parliament, through the Clerk of the Senate, will now be added as a mandatory recipient for the creative works, including digital copies. This is aimed at preserving Kenya’s intellectual output in both physical and digital formats.
Parliament’s library will serve as a national repository, supporting lawmakers and future generations in preserving the country’s published works, similar to practices in South Korea, Indonesia, and South Africa, according to the memorandum accompanying the bill.
Additionally, publishers will be required to deliver up to three copies of each book to Parliament at the time of publication or within one month if requested in writing by the Clerk of the Senate or the Registrar.
Further, the deposited books will be retained for record-keeping or distributed to other institutions as directed by the Cabinet Secretary responsible for the Ministry of Education.
Failure to comply with legal deposit requirements under the current law carries penalties, and the new law retains these provisions, meaning publishers who fail to submit their books could face fines or imprisonment depending on the severity of the violation.
Under the current law, a first offence for printing or publishing without complying with the Act can attract a fine of up to Ksh1 million, imprisonment for up to three years, or both.
A second or subsequent offence may lead to imprisonment for up to five years and a prohibition from publishing.
Additionally, failure to include proper printer or publisher details in books or newspapers can result in a fine of up to Ksh5,000, imprisonment for up to six months, or both, and courts may order offending copies to be forfeited or destroyed.
The Bill is now scheduled to move to committee review, public participation, and eventual debate at the second reading, where MPs will examine its provisions, including the penalties for non-compliance.
