Criminal Penalties in Kenya
While you are traveling in Kenya, you are subject to its laws even if you are a U.S. citizen. Foreign laws and legal systems can be vastly different than our own. In some places, you may be taken in for questioning if you do not have your passport with you. In some places, it is illegal to take pictures of certain buildings. Driving under the influence could land you immediately in jail. There are also some activities that might be legal in Kenya, but illegal in the United States, and you can be prosecuted under U.S. law. For example, engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime prosecutable in the United States. If you break local laws in Kenya, your U.S. passport will not help you avoid arrest or prosecution. It is very important to know what is legal and what is not where you are going.
Persons violating Kenya's laws, even unknowingly, may be expelled, arrested, or imprisoned. Penalties for possessing, using, or trafficking illegal drugs in Kenya are severe, and convicted offenders can expect long jail sentences and heavy fines. Kenya has recently enacted strict legislation regulating the sale and consumption of alcohol and cigarettes. Please see the Special Circumstances section below.
Arrest notifications in host country:
Kenya is a signatory to the Vienna Convention on Consular Relations (VCCR), and is required by the VCCR to ask any detained U.S. citizen if he/she would like the U.S. Embassy to be notified and to contact the U.S. Embassy if the detained U.S. citizen requests it. Kenya does not routinely comply with its VCCR obligation. Any U.S. citizen who is detained should request U.S. Embassy notification if he/she would like consular assistance. U.S. citizens are encouraged to carry a copy of their U.S. passport with them at all times, so that proof of identity and U.S. citizenship is readily available if questioned by local officials.
Disclaimer
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