Kenya Moves to Overhaul Copyright Laws by Merging Agencies, Hiking Penalties

Copyright offenders could face heavier financial penalties, longer jail terms and stronger enforcement measures under a proposed law seeking to overhaul Kenya’s intellectual property regime.

• The Kenya Intellectual Property Bill, 2026, seeks to consolidate and modernise the legal framework governing intellectual property rights, including copyright, patents, trademarks, industrial designs and related rights.
• The proposed legislation seeks to establish a single Kenya Intellectual Property Authority (KIPA) by bringing together the functions of the Kenya Industrial Property Institute (KIPI), the Kenya Copyright Board (KECOBO) and the Anti-Counterfeit Authority.
• The Bill also expands the framework covering patents, utility models, industrial designs, AI-assisted inventions and technovations, while strengthening copyright protection and enforcement, including measures targeting online infringement and counterfeiting.

The proposed Kenya Intellectual Property Authority would become the central institution administering intellectual property matters, while collective management organisations would also face tighter oversight.

The proposed legislation gives the Authority enforcement powers, including the appointment of inspectors who may enter premises, ships, aircraft or vehicles where they have reasonable grounds to believe an offence has occurred. Inspectors would also be able to seize and detain suspected infringing material and documents that may be required in legal proceedings. 

Under the Bill, collective management organisations would require licences and would be required to submit information on their collection and distribution of royalties to the Authority. The Authority would have powers to inspect their records and take action where an organisation is found to be operating contrary to the law or regulations. 

Another major proposal is the establishment of a specialised Intellectual Property Tribunal to handle disputes and provide a dedicated mechanism for resolving intellectual property cases.

Steeper Penalties

The Bill proposes statutory damages for copyright infringement of between KSh200,000 and KSh1 million for each work or performance that is the subject of a court action.