Legal deposit is standard practice worldwide, though implementation varies.

Kenyan publishers must currently deposit copies with the Registrar of Books and Newspapers, Kenya National Library Service, and National Archives under the Books and Newspapers Act (Cap 111). The Books and Newspapers (Amendment) Bill, 2025 would add Parliament – via the Clerk of the Senate – as a fourth mandatory recipient.

If passed, publishers must supply up to three copies of each publication, including digital formats, at publication or within one month of written request. Parliament’s library would serve as a national repository, emulating practices in South Korea, Indonesia, and South Africa.

Penalties and Enforcement

Non-compliance retains existing severe penalties: a first offence risks a fine up to Ksh1 million or three years’ imprisonment; subsequent offences may incur five years’ imprisonment and a publishing ban. Improper printer/publisher details can attract fines up to Ksh5,000 or six months’ imprisonment.

International Context: A Global Standard

Legal deposit is standard practice worldwide, though implementation varies.

The United Kingdom’s Legal Deposit Libraries Act 2003 mandates one copy to the British Library, with five other libraries entitled to request copies within 12 months; digital publications were included in 2013.

The United States historically required two copies for the Library of Congress under copyright law, but a September 2023 DC Circuit Court ruling deemed this unconstitutional for on-demand print works under the Fifth Amendment’s Takings Clause.

Canada requires two copies (one for print runs under 100) to Library and Archives Canada, with digital deposit now integrated. Similar systems operate in France, Germany, Australia, and dozens of other jurisdictions, typically without publisher compensation.

Implications for Publishers

The Bill imposes additional administrative and financial burdens, particularly for small presses. Requiring both physical and digital deposits reflects modern preservation needs but doubles compliance complexity.

The legislation is undergoing committee review, with public participation anticipated.

This post first appeared in the TNPS LinkedIn newsletter.