The Legal Foundations of Kenya’s involvement in Space Activities

The Luigi Broglio Space Centre (LBSC), located in Malindi, Kenya, stands as a significant achievement in both Kenyan and Italian space history. While much has been documented about its role in pioneering satellite launches and space research, the legal foundations of this landmark institution remain largely overlooked. As Kenya continues to develop its legal and regulatory framework, it is essential to revisit the legal history that underpins the LBSC’s operations and establish Kenya as a spacefaring nation.

A Bilateral Beginning: The 1964 Kenya-Italy Agreement

The origins of the LBSC can be traced to a series of diplomatic negotiations between Kenya and Italy in the early 1960s, shortly after Kenya gained independence. The first intergovernmental agreement between Italy and Kenya was signed on January 10, 1964. This agreement, together with an MoU signed between the Italian Space Commission and the National Aeronautics and Space Administration (NASA), not only laid the groundwork for the San Marco Project—the first equatorial spaceport—but also introduced critical questions about the sovereignty and jurisdiction of space activities within Kenya.

The legal framework of the agreement granted Italy operational control of the space centre while recognising Kenya’s sovereignty over the land. This balance between Kenyan ownership and Italian operations has guided the LBSC’s legal framework over the years.

The agreements were renewed as follows:

• A second agreement in 1987.
• A third agreement in 1995.
• The latest agreement was signed on October 24, 2016, ratified by the Italian Parliament on November 25, 2019, and by the Kenyan Parliament on October 15, 2020. It entered into force on December 16, 2020, with a duration of 15 years.

Evolving Legal Agreements: From the 1970s to Today

Over the years, the Kenya-Italy agreement has been renegotiated, reflecting changes in the geopolitical landscape and advancements in space exploration. In the 1970s, initial agreements were renewed to extend Italy’s operational rights, with Kenya gaining greater involvement in managing the facility.

A pivotal development was the establishment of the Joint Council of Ministers in the 1980s, a governing body comprising representatives from both nations that oversees the implementation of the bilateral agreement between Kenya and Italy regarding the Luigi Broglio-Malindi Space Centre. This council has played a significant role in managing legal responsibilities and ensuring equal representation in decision-making processes.

Recent developments in 2023-2024 further strengthened this cooperation. On October 1, 2024, the KSA and ASI co-chaired the 2nd Council of Ministers Meeting at the Luigi Broglio-Malindi Space Centre, focusing on advancing the implementation of the bilateral agreement. The meeting, attended by other dignitaries, signified strengthening of the partnership between the two nations. The two ministers appreciated the positive progress made in the implementation of key priorities for both countries and approved joint projects for implementation at the facility for the benefit of Kenya and Africa. These conversations mark a turning point, with Kenya’s space ambitions expanding from infrastructure sharing to capacity-building initiatives aimed at benefiting the entire African continent.

Kenya’s Regulatory Evolution and Space Policy

Alongside this bilateral agreement, Kenya’s national space policy has evolved. Established in 2017, the Kenya Space Agency (KSA) plays a key role in formulating space regulations and ensuring that space activities, including those at the LBSC, align with Kenya’s national interests.

In December 2024, the Kenya Space Agency (KSA) held a validation workshop in Machakos County to finalise the Kenya Space Bill 2024 and the Kenya Space Policy 2024, engaging key stakeholders from various sectors. Following this, the KSA Board plans to submit the Layman's Draft Bill to the Cabinet Secretary for Defence, who will then forward it to the Attorney General for review and drafting. This progression underscores Kenya's commitment to establishing a robust legal framework to harness opportunities in the space sector, positioning the country as a key player in the regional and global space industry.

In her remarks during a recent public participation exercise for the draft Kenya Space Bill, the CS Defence Hon. Roselinda Soipan Tuya emphasised the draft space bill’s importance in establishing a comprehensive legal framework to advance Kenya’s national space program. She highlighted Kenya’s commitment to aligning with international space law, fostering a thriving domestic space industry, and contributing to the $1.8 trillion global space economy projected by 2035.

The Draft Kenya Space Bill 2024 aligns with Kenya’s Vision 2030 and international standards, aiming to protect national interests, encourage private sector participation, and ensure the sustainable use of space technology across key sectors. Aiming to protect national interests, it encourages private sector participation and ensures the sustainable use of space technology across key sectors such as agriculture, transportation, and the digital economy. Ultimately, the Draft Kenya Space Bill 2024 seeks to empower Kenya to leverage space technology for socioeconomic development.

Under KSA’s leadership, Kenya has integrated global space law principles into its legal framework, particularly in areas related to environmental sustainability, data sharing, and satellite communications. Developing a legal and regulatory framework for Kenya's space sector establishes governance structures to protect national interests, facilitate innovation, and drive socioeconomic development, while also fostering local and international partnerships and ensuring responsible space practices.

Kenya has steadily built a foundation to harness the vast potential of space technology. The Draft Kenya Space Bill 2024 is a critical milestone, paving the way for a legal framework that aligns with global standards while advancing national interests. As Kenya continues to solidify its place in the global space sector, it raises an important question: What new frontiers can the country explore in space science and innovation?