In a move that has sent shockwaves through Nairobi’s literary corridors, the simple act of publishing a book could soon carry the risk of a prison sentence. A new legislative proposal currently before the National Assembly seeks to criminalize the failure to submit free copies of books to Parliament, transforming a bureaucratic lapse into a felony punishable by years behind bars.

The Books and Newspapers (Amendment) Bill, 2025, which underwent its first reading in October, is not merely an administrative update. It fundamentally alters the relationship between the state and the creative sector. If passed, it will compel every publisher in Kenya—from major educational presses to independent self-published authors—to deliver three copies of every new title to the Clerk of the Senate within 30 days of publication. Failure to comply? A fine of up to KES 1 million or a jail term of up to three years.

The High Cost of Compliance

For the average Kenyan publisher, the math is becoming punitive. Under the existing Books and Newspapers Act (Cap 111), publishers are already mandated to deposit copies with the Registrar of Books and Newspapers and the Kenya National Library Service (KNLS). Adding Parliament to this list increases the burden of "legal deposits"—free books that must be printed and shipped at the publisher's expense.

Industry insiders warn that while the cost of three books might seem negligible to a casual observer, it represents a significant tax on small businesses operating on razor-thin margins. "We are essentially being asked to subsidize the government's library with our inventory, under threat of imprisonment," noted a senior editor at a Nairobi-based publishing house who requested anonymity to speak freely. "To criminalize this is draconian. We are not drug traffickers; we are educators."

• Current Requirement: Deposit copies with KNLS and the Registrar.
• New Requirement: Three additional copies to the Clerk of the Senate.
• The Penalty: KES 1 million fine, 3 years jail (1st offense); 5 years jail (subsequent offenses).

Preserving History or Policing Thought?

The Parliamentary Broadcasting and Library Committee, which sponsored the bill, argues that the legislation is a necessary step for national heritage. The memorandum accompanying the bill explicitly states the goal is to create a "mirror" of the nation's intellectual output within the legislature, ensuring that lawmakers have access to the country's full literary canon.

Proponents point to global best practices, citing similar legal deposit laws in South Africa, South Korea, and Indonesia where parliamentary libraries serve as secondary national repositories. The argument is that a centralized, secure archive in Parliament protects Kenya’s history from being lost. However, critics argue that the severity of the penalty—specifically the jail term—is disproportionate to the offense.

A Chilling Effect on Creativity

Legal analysts have raised concerns about the bill's broad definitions. The requirement applies to "creative works," a term that could technically encompass everything from academic textbooks to self-published poetry chapbooks. For a young Kenyan author printing 50 copies of a debut novel, the logistical hurdle of navigating parliamentary bureaucracy could be a deterrent.

Moreover, the bill includes provisions for digital copies, granting the state access to the intellectual property of Kenyan creators in multiple formats. While the intent is preservation, the lack of clear safeguards regarding how these digital assets will be managed has raised eyebrows among copyright lawyers.

As the bill moves to the next stage of debate, the publishing fraternity is expected to lobby hard for amendments. The consensus is clear: while preserving national heritage is a noble goal, it should not come at the cost of criminalizing the very people who create it.