Kenya’s Space Legislation Journey: A Path to Space Regulation and Development
Kenya has long been on a path toward establishing itself in the space sector, with strategic steps beginning in 2015 when it developed the Kenya Space Policy and Strategy. This groundwork laid the foundation for a national space framework, ultimately leading to the establishment of the Kenya Space Agency (KSA) in 2017. An executive order established the agency and mandated it to promote, coordinate, and regulate space-related activities across the country. Today, its priorities focus on utilising space services for socioeconomic development, building national space capabilities, and fostering a robust national space economy.
The evaluation highlighted the importance of establishing national space legislation to align Kenya’s domestic legal framework with its commitments under international space treaties. Kenya is a signatory to the Outer Space Treaty, formally known as the ‘Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies’, which was adopted in 1967 by member states of the United Nations (UN). Kenya is also a signatory of the ‘Convention on International Liability for Damage Caused by Space Objects’ (Liability Convention). The convention mandates member states to observe safety and adhere to the regulatory framework on its launch operations.
Drafting the Kenya Space Bill 2024: Key Steps in the Legislative Roadmap
The Draft Kenya Space Bill 2024 represents Kenya’s pioneering legislative effort in space regulation, developed in alignment with international space law principles and best practices. The process involved substantial support from the United Nations Office for Outer Space Affairs (UNOOSA) under the “Space Law for New Space Actors” initiative.
The Kenya Space Bill began with research and initial development between November 2021 and June 2022. During this period, the agency conducted a comprehensive desktop study to evaluate global legal and policy frameworks for space and then reviewed Kenya’s existing space policy to identify areas for improvement. The agency engaged with experts from various space fairing nations and their space agencies. The agency consulted legislative frameworks from leading space agencies, including the National Aeronautics and Space Administration (NASA), the European Space Agency (ESA), and the Brazilian Space Agency (AEB). The divide between military and civilian space applications was also a key consideration when reviewing such frameworks. This would further guide KSA in the establishment of the bill.
Recent shifts, trends, and strategic priorities in the global space sector drove the need to revise the Kenya Space Policy 2016. This revision considers several factors, such as the rise of NewSpace companies advancing space utilisation and emerging technologies like small satellites, artificial intelligence, machine learning, and big data. New challenges in global space governance, including international cooperation, space debris mitigation, and space traffic management, also contributed to the revision. Additionally, other strategic priorities, such as the growth of the global space economy, Kenya’s ambition to become an active spacefaring nation, and regional space initiatives, also influenced this policy update.
Presentation of the “Zero Draft” to the Board
In July 2023, the Kenya Space Agency (KSA) Board was presented with a preliminary draft of the Space Policy and Space Bill, known as the “Zero Draft.” This draft laid the foundation for further refinement and consultation.
Stakeholder Engagements
Stakeholder engagement and revisions began with two rounds of initial engagements in November 2022 and February 2023, during which the agency gathered valuable insights from various sectors to address concerns and shape the draft. Subsequently, in April 2023, the United Nations Office for Outer Space Affairs (UNOOSA) conducted a Technical Advisory Mission (TAM) in Kenya. This mission brought global space experts to lead capacity-building sessions and offer legal advisory support, contributing to Kenya’s space policy development.
UNOOSA’s Technical Advisory Mission: An International Collaboration
The UNOOSA’s Technical Advisory Mission to Kenya was pivotal in fostering the nation’s space legislative ambitions. Over three days, Kenyan leaders and experts in international space law engaged in high-level discussions. This mission involved 59 participants from 30 organisations across the public and private sectors.
Key areas covered during the mission included International Space Law Fundamentals, which provided insights into the foundational principles and UN instruments that govern global space law. The National Space Legislation offered guidance on the purpose and scope of such legislation. The bill also covers various topics, from regulating small satellite activities to issues like state liability, insurance, and satellite data security.
Further Stakeholder Engagements
In June 2023, a third round of stakeholder engagement provided further input that refined the draft into what was now called the “First Draft Kenya Space Bill.” A public consultation phase followed in November 2023, inviting the public to submit memoranda on the first draft. In December 2023, a fourth stakeholder meeting was held, resulting in the release of the “Second Draft Kenya Space Bill.”
The finalisation of the Draft Bill engaged members of the public through a hybrid public participation forum in late October 2024. This engagement further gathered insights from the public and industry players in the Kenayn Space Ecosystem. The next step would see the final draft submitted to the Attorney General for review and feedback and later submitted to the National Assembly.
The Kenya Space Bill 2024
The Kenya Space Bill 2024 aims to formally establish the Kenya Space Agency as a statutory body responsible for regulating, coordinating, and promoting space activities within Kenya. Operating principles will emphasise the peaceful use of outer space for Kenya’s socioeconomic development and national interests and security.
Operations and Key Focus Areas under the Act
The Kenya Space Bill 2024 empowers the Kenya Space Agency (KSA) to oversee and support a comprehensive range of space-related activities. These include the development of space centres, guidelines on Earth Observation (EO), launch activities and navigation services. Further guidelines cover space weather, space-related training and certification, ground infrastructure development, communication satellites, space sciences, astronomy and astrophysics. The bill also covers space systems engineering, space invention, and innovation. Additionally, it includes regulations for the insurance of launch activities to ensure safety and compliance, and it grants powers to the agency to invest in commercial ventures.
Conclusion
Kenya’s journey towards comprehensive space legislation is a significant step in its emergence as a space-faring nation. The Draft Kenya Space Bill 2024 positions the country as a proactive actor in the global space community. It also emphasises its commitment to leveraging space for peaceful and developmental purposes. With the support of international organisations and domestic stakeholders, Kenya is on the path to realising a regulated and dynamic space sector that will benefit its citizens and contribute to global space governance. Kenya joins other African countries in developing space regulations to govern Africa’s rapidly growing space ecosystem and align with the African Space Policy and Strategy, which the African Space Agency will execute after its inauguration in April 2025.