On March 31, 2026, the Geneva Centre on Knowledge Governance partnered with Electronic Information for Libraries (EIFL) to submit joint comments to the Kenya Copyright Board (KECOBO) regarding the proposed Copyright and Related Rights Bill, 2026. Drawing on our long history of engagement with Kenya’s copyright laws, our submission provides a careful analysis of the new draft framework. While the 2026 Bill introduces significant improvements for research, education, and cultural heritage institutions compared to the 2025 version, it also contains concerning amendments that will negatively impact these critical sectors.
For the full document, see the PDF below.
Our submission begins by applauding the positive aspects of the 2026 Bill. Most notably, the new provisions concerning fair dealing and text and data analysis are far simpler and more direct than those in the previous draft. By consolidating acceptable purposes and clearly laying out the factors for determining fair dealing, the bill makes the law easier for courts and users to apply. Furthermore, the straightforward language surrounding text and data analysis will undoubtedly hasten the adoption of this critical technology for scientific and research uses in Kenya.
However, we also urgently recommend reversing several detrimental changes introduced in the 2026 draft. We urge KECOBO to maintain an “open” fair dealing provision to future-proof the law, rather than restricting it to a closed list of specific purposes. Additionally, we strongly oppose the inclusion of the ambiguous “three-step test” for individual users, the removal of vital contract override protections that safeguard statutory exceptions from restrictive digital licenses, and the deletion of the practical exception for temporary digital copies. Finally, we call for the complete removal of the newly introduced “commercial availability test” for accessible format copies, which creates unacceptable legal and administrative burdens for libraries serving persons with print disabilities.
The full PDF of our comments as submitted can be viewed, downloaded and printed below.
