Foreign Agents Registration Bill must not be used to curb critics

The proposal of a Foreign Agents Registration bill and the second refusal of an Open Society Foundations senior official to enter Kenya this week, signals a tightening Kenya government stance on international financing. If so, how could the Government avoid slipping into the protracted controversy of the Uganda’s Protection of Sovereignty Act earlier this year?

Speaking at the 5^th Fifth Nairobi Caucus on Protecting Critical Infrastructure Systems and Public Spaces on 7 September, Foreign and Diaspora Affairs Cabinet Secretary Musalia Mudavadi announced plans to introduce a Foreign Agents Registration bill. Citing terrorism concerns, the bill, he said, it would tighten oversight of foreign funding by requiring foreign agents and lobbyists to register and disclose foreign-funded activities.

One week later on 15 September, Open Society Foundations Programme Manager Brian Kagoro was removed from an Addis-Nairobi flight despite a High Court order barring such action. The conservatory order was obtained after his overnight detention at Jomo Kenyatta International Airport on 22 February. Widely condemned, the government is yet to explain why he is still barred, its role in his removal from the plane, or whether it will comply with the court ruling in future.

As detailed in this column in April, Uganda’s Protection of Sovereignty Act drew widespread criticism for its sweeping overreach. Mirroring foreign agent laws in Russia, China, Georgia, and Kyrgyzstan, it classified political parties, civil society groups, and recipients of foreign funding as “foreign agents.” It set penalties of up to 20 years imprisonment or $100,000 fines including for Ugandans abroad making remittances and joint investments.

Following international and domestic public pressure from all quarters, Parliament has since removed provisions treating Ugandans abroad as “foreigners,” eased approval requirements for disclosure, and reduced fines and jail time by half. Nevertheless, the Act remains problematic and provides more evidence for those that continue to accuse Museveni’s government of being a state that is terrified of its citizens. The International Observatory for the Protection of Human Rights Defenders has called for its repeal. They describe the law as the most severe legislative assault on civic space and a violation of Uganda’s obligations under international human rights law.

To avoid further damaging public trust, deterring legitimate investment and another scandal, Kenya’s proposed new bill must avoid vague and wide-ranging definitions. It must not criminalise those exercising free speech, association, assembly or seeking foreign funding. It must not restrict political participation, foreign investment, investigative media and policy advocacy. Any such provisions will suggest the bill is less about counterterrorism and more about curbing democratic freedoms ahead of the General Elections.

The necessity and urgency for a new foreign-agent law, a measure often linked to authoritarian regimes, needs better justification. Kenya already has robust anti-money laundering and counterterrorism laws such as the Proceeds of Crime and Anti-Money Laundering Act, Prevention of Terrorism Act, Anti-Money Laundering and Combating of Terrorism Financing (Amendment) Act. Agencies such as the Financial Reporting Centre and Central Bank can now monitor transactions in real time. These powers were demonstrated in February when authorities froze 31 accounts tied to suspected terrorist financing. The action demonstrates the effectiveness of existing mechanisms when applied.

Terrorism financing remains a risk regardless of whether financial agents are designated foreign or domestic businesses, public benefits organisations, hawala dealers, political parties or even state agencies in the case of RSF Sudan. To extricate Kenya from the Financial Action Task Force "Jurisdictions under Increased Monitoring" list, the government and partners must strengthen investigations and enforcement measures.

Kenya retains an opportunity to distinguish itself from Uganda, Tanzania, and Ethiopia following their election meltdowns by upholding democratic principles. Passing another restrictive law will reinforce international concerns about a repressed civic and political space in the CIVICUS Civic Space Monitor released this week on the International Day of Democracy.

It is time the Government lift the INTERPOL red flag, allow Brian Kagoro to enter Kenya and obey the court order. Let the Foreign and Diaspora Affairs Ministry allay the fears that it is not copying Uganda by holding early consultations with a wide broad and inclusive range of stakeholders. This is a crucial first step in ensuring it truly serves the public interest and is not used to constrain dissent or disadvantage perceived political opponents ahead of the General Elections.

This opinion was also published in the Saturday Standard, 12 September 2026.