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Kenya Gazette Supplement No. 164 (National Assembly Bills No. 57)

REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

NATIONAL ASSEMBLY BILLS, 2015

NAIROBI, 18th September, 2015

CONTENT

Bill for Introduction into the National Assembly —

PAGE

The Statute Law (Miscellaneous Amendments) Bill, 2015 ..................................... 3169

104NAL Mkedll. fdk LAW REPORTING

RE t E IV E D0 1 OCT 2015

NAIROPI, K91NYAM4'? 1^?31 FAX: 9710694

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

3169

THE STATUTE LAW (MISCELLANEOUS

AMENDMENTS) BILL, 2015

A Bill for

AN ACT of Parliament to make minor amendments to

statute law

ENA ' CTED by the Parliament of Kenya, as follows —

1. This Act may be cited as the Statute Law Short title.

(Miscellaneous Amendments) Act, 2015.

2. The several laws specified in the first column of Amendment of

the Schedule are amended, in the provisions specified in written laws.

the second column thereof, in the manner respectively

specified in the third column.

SCHEDULE

(s. 2)

Written law

Provision

Amendment

The Criminal s.364(l)

Procedure Code(Cap.75)

lns'^ert the following new paragraph

immediately after paragraph (b) —

(c) in proceedings under section 203

or 296(2) of the Panel Code, thePrevention of Terrorism Act, the

Narcotic Drugs and PsychotropicSubstances (Control) Act, thePrevention of Organized Crimes

Act, the Proceeds of Crime andAnti-Money Laundering Act and

the Counter-Trafficking in

Persons Act, where thesubordinate court has granted bailto an accused person, and theDirector of Public Prosecution hasindicated his intention to apply forreview of the order of the court,

the order of the subordinate courtmay be stayed for a period notexceeding fourteen days pendingthe filing of the application for

review.

The Prisons Act New

Insert the following new sections in propernumerical sequence-

3170 The Statute Law (Miscellaneous Amendments) Bill, 2015

Written law Provision 'Amendinent - - - ^ , - ^ - ^ - o, -

(Cap 90)

Remission of 46. (1) Convicted criminal prisoners

sentence. sentenced to imprisonment, whether by

one sentence or consecutive sentences, for

a period exceeding one month , may by

industry and good conduct earn a

remission of one-third of their sentence or

sentences.

Provided that in no case shall-

(i)any remission granted result in the

release of a prisoner until he has

served one calendar month;

(ii)any remission be granted to a

prisoner sentenced to

imprisonment for life or for an

office under section 296(l) of the

Penal code or to be detained

during the President's pleasure. ,

(2) For the purpose of giving effect to

the provisions of subsection (1), each

prisoner on admission shall be credited

with the full amount for remission to

which he would be entitled at the end of

his sentence if he lost no remission ofsentence.

(3) A prisoner may lose remission as

a result of its forfeiture for an offence

against prison discipline, and shall not earn

any remission in respect of any period'-

(a) spent in hospital through his own

fault or while malingering; or

(b) while undergoing confinement as

a punishment in a separate cell.

(4) A prisoner may be deprived ofremission-

(a) where the Commissioner

considers that it is in the interests

of the reformation and

im

t- rp

The Statute Law (Miscellaneous Amendments) Bill, 2015 3171

Written law Provision Amendment

rehabilitation of the prisoner;

(b) where the Cabinet Secretary forthe time being responsible forinternal security considers that ifis in the interests of publicsecurity or public order.

The Firearms Act s.2(Cap 114)

(5) Notwithstanding the provisions ofsubsection (1) of this section, on therecommendation of the Commissioner, theCS may grant a further remission on thegrounds of exceptional merit, permanentill-health or other special ground.

Insert the following new definition inproper alphabetical sequence-

"Director" means the Director of NationalRegistration appointed by the PublicService Commission.

Insert the following new paragraph in thedefinition of the word "firearm"-

(e) gunscope, gunsight, mufflers,bulletproof gear, night visiondevices and other similaraccessories.

Insert the following definition in properalphabetical sequence-

44possession"—

(a) includes not only having in one'sown personal possession, but alsoknowingly having anything in theactual possession or custody ofany other person, or havinganything in any place (whetherbelonging to or occupied byoneself or not) for the use orbenefit of oneself or of any otherperson and the expressions "be inpossession" or "have inpossession" shall be construed

The Registration s.2of Persons Act(Cap. 107).

—I



accordingly; and

(b) if there are two or more personsand any one or more of them withthe knowledge and consent of therest has or have anything in his ortheir custody or possession, itshall be deemed and taken to be inthe custody and possession ofeach and all of them".

The Pharmacy Delete the words "Minister" wherever theyand Poisons occur in the Act and substitute therefor theAct,(Cap 244) words "Cabinet Secretary"

s.2 Insert the following new definition in itsproper alphabetical sequence-

"Cabinet Secretary" means the CabinetSecretary for the time being responsiblefor matters relating to health

s.3(l) Delete the word "four" appearing in. paragraph (d)

Delete paragraph (e) and substitutetherefor the following new paragraph-

(e) "two persons representing thefaculty boards 1 of thedepartments of pharmacy inuniversities of whom-

(i) one shall be nominated by aforum of public universitiesteaching pharmacy; and

(ii) one shall be nominated by aforum of private universitiesteaching pharmacy.

The Valuation for s. 19(a) Delete the words "High Court" andRating Act (Cap. substitute therefor with the words266) "Environment and Land Court".

s.20 Delete the words "High Court" whereverthey appear and substitute therefor thewords "Environment and Land Court".

I

The Statute Low (Miscellaneous Amendments) Bill, 2015

3173

Written law Provision

The Rent s.4(9)

Restriction Act.(Cap. 296)

s.8(2)

The Landlord and s.15

Tenant (Shops,Hotels andCateringEstablishments)Act. (Cap.301)

Amendment

Delete the words "High Court" andsubstitute therefor with the words"Environment and Land Court".

Delete the words "High Court" andsubstitute therefor the words "Environmentand Land Court".

Delete the words "High Court" andsubstitute therefor the words "Environmentand Land Court".

Delete the Words "High Court" whereverthey appear and substitute therefor thewords "Environment and Land Court".

s.28

s.16(2)

The StateCorporations Act(Cap. 446)

s.6(l)

s.26(l)

Delete the words "High Court" whereverthey appear and substitute therefor thewords "Environment and Land Court".

Insert the following new paragraphimmediately after paragraph (d)—

(da) the Attorney-General or hisrepresentative.

Delete paragraph , (a) and substitutetherefor the following new paragraph-

(a) a chairman appointed by thePresident.

Delete and substitute therefor thefollowing new subsection-

The Air Passenger s.3(3)Service ChargeAct (Cap. 475).

(3) All proceeds of the chargeimposed under this section shall beapportioned between the Kenya AirportsAuthority and the Kenya Civil AviationAuthority in such manner as the CabinetSecretary may, by notice . in the Gazette,specify.



Amendment

The KenyaInformation andCommunicationsAct, 1998 (No2 of1998)

s.2 Delete the definition of dominanttelecommunications service provider" andsubstitute therefor the following-

"dominant telecommunications serviceprovider" means a licensee determined tobe a dominant telecommunications serviceprovider pursuant to the criteria set out insections 4 and 23 df the Competitions Act,2014.

Insert the words "Cabinet Secretary, inconsultation with the" immediately beforethe word "Authority

Insert the words "Cabinet Secretary, inconsultation with the" immediately beforethe word "Authority"

Delete the word "Commission" andsubstitute therefor the word "CabinetSecretary, in consultation with theAuthority"

Delete the word "Commission" andsubstitute therefor the word "CabinetSecretary, in consultation with' theAuthority"

Delete the word "Commission" andsubstitute therefor the word "CabinetSecretary, in consultation with theAuthority"

Insert the words "Cabinet Secretary, inconsultation with the" immediately beforethe word "Authority"

Insert the words "Cabinet Secretary, inconsultation with the" immediately beforethe word "Authority"DeleteDelete

Insert the words "Cabinet Secretary, inconsultation with the" immediately before

s.513(5)

s.271)

s.40(l)

s.46(l)(b)

s.46(3)

s.83C(2)

s.83V

s.84W(4)s.84W(5)s.85A(3)

The Statute Law (Miscellaneous Amendments) Bill, 2015

3175


the word "Authoritv"

eThe s.130. Delete the words "High Court" wher ver

Environmental they appear and substitute therefor the

Mannement and words "Environment and Land Court".

Co7ordination.

Act, 1999. (No. 8

of 1,999)

The National First Insert the ' following new paragraph1 . 1 1 .mCohesion and Schedule J' mediately after paragraph 7 —

integration Act8 ^^ The provisions of this Schedule

2008 ^(No: 12- of-'shall." : 'apply to appointment of new

2008). ^, ^ , !i, -mernb6 rs ^ of the Commission , after the

commencement of this Act.

The Anti- s.6(l) Insert . the following ..new - paragraph

Counterfeit Act, after paragraph (c

2008 (No^ 13 of(cc) ^ the Attoiney- , General or his

2008). representative.

Delete paragraph (d).

The Competition, s.93, Renumber the existing provision as

Act ( No, 12 of subsec , tion (1) arid" insert a new subsection

2010). as

follows-

(2) Without prejudice to the

generality of subsection (1), rules made

under this section shall prescribe for

anything required to be prescribed under

this Act.

The Judicial s.30 Delete subsection (3) and substitute

Service Act,201 1, therefor the following-

.(No 1: of 20.1 1)

(3) The provisions of this section

shall apply to the appointment of the Chief

Justice and Deputy Chief Justice except

that-

^i

(a) the Secretary shall, within threeI days of the Commission's vote,

forward the names of the personsnominated for recommendation

3176

Ae Statute Law (Miscellaneous Amendments) Bill, 2015

Written law

Provision Amendment ^

. . for appointment to the President.

(b) in such case, a person shall not be

appointed , without the necessary

approval by the NationalAssembly.

Paragraph 15 Insert a new subparagraph immediately

of the First after subparagraph (2) as follows-

Schedule(2A) The Secretary shall, within

seven days of the Commission's vote,forward the names of the persons

nominated for recommendation for judicialappointment to the President.

The National s.10(l)(g) Delete the words "and recommend to the

Police Service Commission and the County Policing

Act, 2011 Authorities',%

(No. I I A of 201 1).

(2)(b) Insert the words "administration, good

order" immediately after the words66general control"

s.13 Delete and substitute therefor the

I I following new Section-

s.14

S.17

Appointment of Deputy 13. Whenever aInspector-General.

vacancy arises in theOffice of the Deputy

Inspector-General thePresident shall on the

recommendation of theCommission withinfourteen days from thedate the , vacancy arisesappoint a suitablyqualified person to serveas Deputy Inspector-General.

Delete paragraph (b)

Delete and substitute therefor thefollowing new Section-

I

The Stafyle^qw ,(Yiscellaneous Amendmen!s^ ^1, 2015 3177


Removal of Deputy 17. The PresidentInspector-General.

may remove, retire or

redeploy a Deputy

Inspector-General at any

time before the Deputy-

Inspector General attains

the a2e of retirement.

Delete.

Delete.

Insert the following new paragraph

immediately after paragraph (1) —

(la) issue general, special, routine and

standing , orders in , respect ', of the

Kenya Police Service.

Inset , the following new' paragraph

immediately after paragraph (in)—

(ma) issue general, special, routine and

standing . orders in respect of the

Administration Police Service.

Insert the words "by the President"

immediately after the word "appointed".

Delete.

Delete.

Delete and substitute therefore thefollowing new Section-

Appointment of 30. Whenever aDirector of Criminal

Investigation. vacancy arises in the office

of the Director of Criminal

Investigations thePresident shall on the

recommendation of theCommission within

fourteen da s from theY

date the vacancy arises,

appoint a suitably

qualified person to serve

as Director of Criminal

18(2)

I

S..23

s.26

s.29(l)

(2)

(3)

s.30

3178 The Statute Law (Miscellaneous Amendments) B1̀ 11, 2015

Written Iciw . Provision Amendment

Investigations.

s.31 Delete and substitute therefore thefollowing new section-Removal of Director of 31. The President mayCriminal Investigation.

at any time remove, retireor redeploy a Director ofCriminal Investigations atany time before theDirector of CriminalInvestigations attains theage of retirement.

41(l)(a) Delete the words "or a member of theCounty Executive Committee approved bythe Governor".

Insert the following new , subsectionimmediately after subsection (1) —

(1A) The Governor may authorise theDeputy Governor to chair themeetings of the County - PolicingAuthority in his absence.

(9) (a) Delete the words "objectives and targets".

(9)(b) Delete the word "target" and substitutetherefor the word "priorities".

(9)(c) Delete.

41(11) Delete and substitute therefor thefollowing new subsection-

(11) The officer responsible for co-ordination of operations of - the NationalPolice Service in the County shalldesignate a police officer not below therank of Assistant Superintendent of Police,as the secretary to the Authority.

4](12) Delete.

Insert the following new subsectionimmediately after the subsection (13) —

(14) Every County Policing Authority


Written law Pr6vision Amendment

may establish such committees as may benecessary for the performance of itsfunctions under this Act.

42(2) Insert the words "and 'any other matternecessary for the efficient operation of theAuthority" at the end thereof.

s.64 Insert the words "lay any lawful complaint-before a magistrate or" immediately afterthe words "a police officer may".

s.76 (4) -Delete.

(5) Delete.

s.81 Insert the words "in consultation with theInspector-General" immediately after thewords "Commission shall".

S.87, Insert the following new subsectionimmediately after subsection (6)

(6A) The Inspector-General may inexceptional cases and in the interest of theservice, authorise the unit to undertakedisciplinary proceedings against anyofficer who -has been a subject of itsinvestigations, and may for that purposedirect. a Deputy Inspector-General or theDirector of the Unit to appoint an officer topreside over such proceedings.

New Insert the following newsection immediately aftersection 88 —

Interdiction. 88A. Where a policeofficer is interdicted fromduty in accordance withForce Standing Orders orany other written law, theofficer's appointment shallnot cease only because ofsuch interdiction.

Provided that the powers,privileges and benefits

3180 The Statute Law (Miscellaneous Amendme'nts) Bill, 161^

Provisio'n Amendment

vested in him as a police

officer shall, during his

interdiction, be in abeyance,

but the officer shall continue

to be subject to the same

discipline and , penalties, andto the same authority, as if

he had not been interdicted.

s.89(6) Delete the expressions "(c)" "(d)", and

,(g)

Insert the following new subsection

immediately after subsection (6) —

An officer recommended for.,

dismissal . under disciplinary proceedingsshall be suspended from duty,,pending the

final decision of the Commission.

s.90(l) Insert the words "or other , persons"immediately after the expression "police

officers".

Delete the expression "police officer" and

substitute therefor the word "person".

Delete the words "against discipline".

Insert the following proviso at' the end

thereof

"Provided that where the person is a police

officer, he or she shall be deemed to have

committed an offence against discipline".

s.5C(l) . Insert the words "and such other inter-agency units" immediately after the word

"subcommittees".

s. 7' Insert the following new sub-sectionimmediately , after sub-section (2)-

"(3) . The Chief Justice may, on therecommendation of the Judicial Service'Commission, transfer a judge who meets

Written law

1

The KenyaCitizenship andImmigration Act,2011 (No. 12 of2011).

The Environmentand Land CourtAct, 201 L(No. 19of 201 1)



the qualifications set out at sub-section (1)

to serve in the court".

s.8 Insert the following paragraphimmediately after paragraph (c)-

"(d) is transferred from the, Court to theHigh Court or other court with thestatus of the High Court"

New Insert the following new section

immediately after section 16-

Appeals ftorn

subordinate 16A. (1) All appeals from subordinate

courts. courts and local tribunals shall be filed

withinI a period of thirty days from the date

of the decree or order appealed against in

matters in respect of disputes falling within

the jurisdiction set out in section 13(2) of

the Environment and Land Court Act,

provided that in computing ^ time within

which the appeal is to be instituted, there

shall be excluded such time that the

subordinate court or tribunal may certify

as having been, requisite for the preparation

and delivery to the appellant of a copy of

the decree or order.

(2)An appeal may be admitted our of

time if the appellant satisfies the court that

he had a good and sufficient cause for not

filing the appeal. in time.

s.26 Insert the , following new sub-sections

immediately after sub-section (2)—

(3)The Chief Justice may, by notice

'in the Gazette, appoint certain Magistrate

to . preside. over cases involving

environment 'and land in respect of any

area of the c ' ounty.

^ (4) Subject to Article 169(2) of the

Constitution, the Magistrate appointed

under sub-section (3) shall have

jurisdiction and power to handle —

(a) disputes relating to offences

3182 The Statute' 'Law (Miscel I laneous Amendments) Bill, 2015

Written law Pro*Vis*ion, Amendment

defined in any Act of Parliament

dealing with environment and

land; and

matters of civil nature involvingoccupation, title to land,

provided that the value of the

subject matter does not exceedthe pecuniary jurisdiction of the

Chief Magistrate as set out in

section 5 of the Magistrates'Courts,Act.

The Power of s;'2 Delete

'

the definition of "CabinetMercy Act, 201 1.Secretary" and substitute therefor the(No. 21 of 2,0 11) following new definition-

"Cabinet Secretar " means the Cabinet

'Se6fetdry forthe time being, responsible

at refor in.. ters. ' lating tojustice.

Delete, the Nords "within thirty days of

of the recommendations of thereceipt

p.

n eri Ihe following new subsection

immediately after' subsection (l)-

( I.A) A pardon under Article 133 (1) (a) of-th.e Constitution shall, in addition to any

specified conditions, be deemed an Order

u der sectio6'3 , 6f the Community Service^014

er 'Act and a probation order under

.4'ofs6ct th^ Probation of Offenders

The Ethics and,,, s'. 6 `66tete

Anti-Corwption,.

Co ssionmilli

Act 2 6- 15 (N6 ^22 W"Of '201 1

The Veterinar -.23( Jnsert. the words "in private practice"Surgeons and iffitriodiately after the words "veterinaryVeterinary P,4r4 svrgdonprofes'sionals A cf..20f !t. (No. 19 of



2011).

The PublicAppointments(ParliamentaryApproval) Act.2011 (No.33 of2011).

s.44A Delete.

.s.2 Insert the words "or any other"i rnmediately after the words "the same"appearing in the definition of the word46appbintment".

The IndependentPolicingOversightAuthority Act2011 (No.35 of2011).

Insert the following new.. sectionimmediately after section 7—Procedure not to apply to 7A. The approvalreappointments.

procedure set out in thisAct shall not apply toreappointments except incases where there havebeen formal complaintson performance orintegrity

on the part ofthe proposed appointee.

Insert the words "by the President"immediately after the word "OfficC.

New

s. 140)

.(2)(3)(4)(5)(6)(7)

(8)S.101The Land

Registration Act,2012. (No.3 of2012).

Delete.Delete.Delete.Delete.Delete.Delete.Delete.Insert- the words "and subordinate courts"immediately after the expression "2011 ".

3184


Amendment

'Delete the words "is vested with exclusivejurisdiction" and substitute therefor the

words " and the subordinate coums asen-Wowered by 4py written. law shall havejurisdiction".

Insert the following ' paragraph

immediately after paragraph (d)-

(e) th^* Secretary of the Con=ission

of Higher Educatioh,

Insert the following new subsectionimmediately after subsection ( 1 2) —

(13) An appeal to the court by aâggrieved entity under this section shall be

filed in accordance with the procedure setout in regulations made by the ChiefJustice.

Written -law

Provj.îon

The Land Act, s.150

2012. (No.6 of2012).

The Kenya School

s.6(2)of Law Act, 2012

(No.26 of 2012)

The Prevention of

S.3Terrorism Act,2012 (No-. 30 of

.2012)

The Universities

Act 2012 (No. 42of 2012).

s. 12A(2) Delete and ûbstitute therefor thefollowing new subsection —

(2) Without prejuce to subsection (1)unlawful possession of a weapon, an

improved explosive device or componentof an irnprovcA explosive device shall bepresumed to be for terrorist or criminalpurposes.

S.45 Delete the words "in foreign states"appearing in the Marginal Note.

Insert the words "within or" immediatelybefore the word "outside".

(1)

Q Delete the definition of the expression44programmes accreditation" and substitute

therefor the following new definition-

Delete the definition of the expression

"foreign university campus".

t6 programmes accreditation" means the

The Statute Law (Miscellaneoul Amendments) Bill, 2015

3185


s.5(l)

r

s.5(3)

s.20(l)

s.3.5(2)

s.35(3)

39

Amendment

procedure by ' which the Commission

recognises 4n academic programme of auniversity;

Delete paragraph (V and substitute thereforthe following n^w paragraph-,

(1) aceredit and inspect university'programmes in Kenya.

Insert the word$ "save as may be provided

pnde'r %*y other law" 'immediately after theword "doubt".

Deletet paragraph (c ) and substitutetherefor the -following new paragraph-

(d) may Oevelop and mount its new

academic. programmes for review by the

Commission in accordance with theprovision^ of this Act.

Inse rt the words "with the approval of theCommission" immediately after the words

"such a university may".

Delete - the words "or financing

arrangement under section 51 A".

Insert a new subsectibn immediately aftersubsection (1) as follows-

(1A) The qualifications forappointment as a Vice Chancellor of a

public university shall be as prescribed.

39(l) Delete paragraph (a) and substitutetherefor the following new subsection-

(a) in the case of a public university,by ths Cabinet Secretary on therecommendation of the Council,after a competitive recruitmentprocess conducted by theCouncil; and

s.51A Delete.

The Treaty s.2 Delete the definition of the expression

Making and "Cabinet Secretary" and substitute therefor

Ratification Act, the following new definition-


Written law Provision Amendment2012 (No.45 of "Cabinet Secretary" means the Cabinet20f2).̀ Secretary responsible for matters relating

to justice.

s.8(l .) Delete the words "Speaker of the NationalAssembly" and substitute therefor thewords "Speaker of Parliament".

.(4) Delete the expression "NationalAssembly" and substitute therefor theword "Parliament".

(7)

Delete , and substitute therefor thefollowing new subsection-

(7): Where both Houses refuse toapprove , the ratification of a treaty, thespeakers of the two Houses shall submittheir decision to the relevant CabinetSecretary within fourteen days of thedecision.

Delete and substitute therefor thefollowing new subsection-

hing in this Act precludes the(8) Notresubmission of a treaty to the NationalAssembly or where applicable the Senatewhere approval for ratification of the treatyhas been refused.

S.91 ..Delete.. , the expression "NationalAssembly" and substitute therefor theword "Parliament".

s.13(j) Delete the words "foreign affairs" andsubstitute therefor the word "treaties".

Kenya Medical s.8 Delete the words "and appointed" andSupplies substitute therefor the words "by the BoardAuthority.,2013 and appointed by the Cabinet Secretary"(No 20 of 2013)

s.8(2) Insert the words "or Medicine" after theword "Pharmacy" appearing in paragraph(a)

The Statutory s.12(l) Insert the words "upon tabling before the


Written law Provisi6n' Amendment

Instrument. Tespective, House of Parliament",Act, 2013 (No.23 immediateN after

the word "shall','

of 2013)

.15, Renumber. the existing- provision assubsection and insert a new subsection,as follows —

(2) Where'the Committee does not makethe. report referred to, in subsection 0)'Within twenty eight days after the, date ofreferral of the statuio* r instrument to theyCommittee under section 12, or such otherperiod as the House. may, by resolutionapprove, the statutory instr ument shall bedeemed to have fully met the'refevantconsiderations referred to in section 13.-


MEMORANDUM OF 013JECTS AND REASONS

The Statute Law (Miscellaneous Amendments) Bill, 2015 is inkeeping with the practice of making minor amend mi ents which do notmerit the publication of a separate Bill and bonsqlidating them.into oneBill.

The Bill cont a* ins amendmepts t I o* the followinj laWs —

The Criminal Procedure Code (Cap. 75).

The Bill seeks to amend the Criminal Procedure Code to empower .the High Court to revise the orders of a subordinate court. The Bill seeksto provide for the High Court to stay the brder of a'subordinate courtpending the filing of an. application "for review by the Director of PublicProsecutions in proceedings unaer specified statutes, including thePrevention of Terrorism Act, the Anti-Money Laundering Act and thePrevention of Organised Crimes Act.

The Prisons Act (Cap 90).

The Bill seeks to amend the Prisons Act to re-introduce sections 46and 48 which relate to remission of prisoners' sentences and the Board ofReview. These provisions are integral to the work of the Power of MercyCowmittee as it assists in dccQngeStingthe prisQns avd eiaco%raging goodbehavior in prisoners.

The Registration of Persons Act (6ap..107).

The Bill seeks to amend the Registradion of Persons Act to recognizethe appointment of the Director of National Registration by the PublicService Commission.

The Firearms Act (Cap. 114).

The Bill seeks t(Y amend the Firearms Act to expand the definition ofthe term "firearm" to include accessories to firearms and to elucidate onthe meaning of "possession" in relation to firearms.

The Pharmacy and Poisons Act, (Cap 244)

The Bill seeks to amend the Pharmacy and Poisons Act so along toreplace the terminology of "Minister" with "Cabinet Secretary" in linewith the Constitution and also provide for the definition of the relevantCabinet Secretary.

The Valuation for Rating Act (Cap. 266).

The Bill seeks to amend the Valuation for Rating Act to align theprovisions of the Act with the Constitution by''sp'ecifying the jurisdictionof the Vnvironment and Land Courts.


The Rent Restrictfon Act (Cap. 296).

. The Bill seeks - to amend the Rent Restriction - Act to align theprovisions of the Act with the Constitution by specifying the jurisdiction

of the Environment and Land Courts..

The Landlord and Tenant (Shops, Hotels and Catering Establishments)Act (Cap. 301).

. The Bill seeks to amend the Landlord and Tenant (Shops, Hotels,and

Catering Establishments) Act to align the provisions of the Act with the

Constitution by specifying , the jurisdiction of the - Environment and Land

Courts.

The State Coeporations Act (Cap. 446).

The Bill proposes to amend the State Corpo"iOns Act to vest theChairmanship of the State Corporations Advisory Committee on a person

appointed by the President and to provide for the representation of the

Attorney-Cieneral on the boards of State Corporations.

The Air Passenger Service Charge Act (Cap. 47S).

The Bill seeks to amend the Air Passenger Service Charge Act toconfer discretion upon the Cabinet Secretary in the apportionment of thefunds collected as service charge between the Kenya Airports Authority

and the Kenya Aviation Authority.

The Kenya Informatioh and Communications^Act, 1998 (No2 of 1998)

The Bill seeks to amend the Kenya Information And Communications

Act, 1998 ft2 of 1998) so m firstly to atign it with the Competitions

Act, 2014 in respect of the criteria for being a dominaftt marketundertaking and secondly to harmonize the regulation making power so

that it is exercised by the Cabinet Secretary in consultation with the

Authority.

The Environmental Management and Co-ordination Act, 1999 (No. 8 of

1999).

The Bill seeks to amend the Environmental Management and Co-ordination Act to align the provisions of the - Act with the Constitution by

specifying the jurisdiction of the Environment .and Land Courts.

The Anti- Counterfeit Act, 2008 (No. 13 of 2008).

The Bill seeks to amend the Anti-Counterfeit Act to provide for themembership of the Attorney-Genetal on the Board of the Agency, and toreinstate the status of the executive director as an ex-officio member of the

Board.

.3190 The Statute Law (Miscellaneous Amendments) Bill, 2015

The Competition Act (No. 12 of 2010j

The Bill seeks to amend the Competition Act so as to clarify that thepower to Prescribe, as specified in the Act is to be exercised by the CabinetS ectetary in consultation with , the Authority.

The Judicial .Service Act, 2011 (No I of 2011)

The Bill seeks to amend the Judicial Service Commission Act, 201 1.so as to prescribe timelines for transmission of names to the President afterrecommendation by the Judicial Service Commission.

The. National Police Service Act, 20) 1 (No. I IA of 201 1).

The Bill seeks to amend the National Police Service Act to, among'

other things, streamline the procedure for appointment, and removal of a.Deputy Inspector-General and the Director of Criminal Investigations andto empower a Deputy Inspector General to issue

, general,. special, routineand standing' order's in respect of the respective forces. . The Bill'furtherseeks to amend the Act to provide for a^ police officer to b e- the secretary: tothe Country Policing Authority and to empower the County PolicingAuthority to establish committees.

The Kenya Citizenshipand Immigration Act, 2011 (No. 12 of 2011).

The Bill seeks to amend the Kenya Citizenship and Immigration Act'

to provide for ' iriter-agency co-operation in matters relating to

immigration. This provision will facilitate co-operation between theimmigration authority and the security - agencies, among others in - theinterests of national security.

The Environment and Land Court Act, 2011 (No-.19 of 2011).

The-Bill seeks to amend the Environment and Land'Coui rt Act toempower the Chief Justice to transfer judges of 'the High CoUrt'to serve inthe Environment afid^ Land Court and vice versa. The'Bilffurther-'se'eks to

provide for appeals from subordinate courts and local tribunals to be filed

within a period of thirty.days from the date of the decree or order appealed

against. The Bill also empowers the Chief Justice to appoint certainmagistrates to preside . over cases involving environment and land inrespect of any area of the county."

The National Cohesion and Integration Act, .2008 (No...I^ of.2008).

The Bill -seeks to amend. the National -Cohesion and Integration- Act to

make provision for the appointment of new members of the Com i imissionafter the commencerhent of' the Act when the te'nure of an exi

I sting,

Commission' expires,


The Power of Mercy Act, 2011 (No. 21 of 201 1).

The Bill intends to amend the Power of Mercy Act to place theresponsibility of implementing the Act with the Cabinet Secretary

responsible for Justice.

The Ethics and Anti- Corruption Commission Act, 2015 (No 22 of 201 1)

The Bill seeks to amend theEthics and Anti-Corruption Commission

Act, 2015 (No 22 of 201 1) so as to align the Act with the new procedure

enacted by the House in the filing of a vacancy in the Commission.

The Veterinary Surgeons and Veterinary Para Professionals Act, 2011

(No. 29 of 2011).

The Bill seeks to amend the Veterinary Surg eons and Veterinary Para

Professionals Act to provide for private s ' ector veterinary surgeons to offer

clinical services since public sector veterinary surgeons do not offer

clinical services. The Bill further ^seeks lo reinstate the supervisory and

approval functions of the Veterinary Board with . respect to accreditation of

relevant programmes inthe universities.

The Public Appointments (Parliamentary Approval) Act, 2011 (No. 33 of

2011).

The Bill seeks to amend the Public Appointments (Parliamentary

Approval) Act to make a distinction with regard to the approval procedure

as it applies to reappointments.

The Independent Policing Oversight Authority Act, 201 1 (No. 35 of 201 1).

I I The Bill seeks to amend the Independent Policing Oversight

Authority Act to empower the President to remove the Chairperson or a

member of the Independent Policing , Oversight Authority if the President

deems it necessary, without the procedure of receiving a recommendation

from a tribunal before removing a member of the Authority.

The Land Registration Act, 2012 (No.3 of 2012).

The Bill seeks to amend the Land Registration Act to empower

subordinate courts to hear and determine disputes, actions and proceedings

concerning land.

The Land Act, 2012 (No. 6 of 2012).

The Bill seeks to amend the Land Act to remove the exclusive

jurisdiction of the Environment and Land Court to hear land cases and to

empower subordinate courts to hear and determine disputes, actions and

proceedings concerning land.


The Kenya School of Law Act, 2012 (No. 26 of 2012).

The Bill seeks to amend the Kenya School of Law Act to provide forthe membership of the Secretary to the Commission for Higher Educationon the Council of the School.

The Prevention of Terrorism Act, 2012 (No. 30 of 2012).

The Bill seeks to amend thePrevention of Terrorism Act to empowerthe Chief Justice to make regulations for the filing of an appeal by anaggrieved party under the Act.

It also makes provisions with regard to the unlawful possession ofspecified weapons and for terrorism offences both inside and outsideKenya.

The Universities Act, 2012 (No. 42 of 2012).

The Bill seeks to amend the Universities Act to introduce a newdefinition of "programme accreditation" to mean the procedure by whichthe Commission for Higher Education recognizes an academic programmeof a university. It also has provisions on the requirement for theCommission's approval for the mounting of new programmes byuniversities.

The Treaty Making and Ratification Act, 2012 (No. 45 of 2012).

The Bill seeks to amend the Treaty Making and Ratification Act tovest the responsibility for implementing the Act on the Attorney-General.It also seeks to involve both houses of Parliament in the process ofratification of treaties.

The Kenya Medical Supplies Authority, 2013 (No 20 of 2013)

The Bill seeks to amend the Kenya Medical Supplies Agency Act,2013 so allow for the recruitment by the Board and appointment by theCabinet Secretary of the Chief Executive Officer of the Authority and alsoto recognize first degree in Medicine as a qualification for appointment tothe office.

The Statutory Instrument Act, 2013 (No.23 of 2013)

The Bill seeks to amend the Statutory Instrument Act, 2013 (No.23 of2013) so as to impose timelines for consideration of statutory instrumentsby the House. These timelines are however subject to extension by theHouse.

This Bill is not a Bill concerning county government and itsenactment shall not occasion any additional expenditure of public funds.

Dated the 18th September, 2015.

ADEN DUALE,Leader of the Majority Party.

The Statute Law ,(Miqcellaneous Amendments) Bill, 2015 3193

Powers of HighSection 364(l) of Cap 75 which it is proposed to amend— Court on revision.

364. (1) In the case of a proceeding in a subordinatecourt the record of which has been called for or which hasbeen reported for orders, or which otherwise comes to itsknowledge, the High Court may-

(a) in the case of a conviction, exercise any of thepowers conferred on it as a court of appealbysections 354, 357 and 358, and may enhance thesentence;

(b) in the case of any other order other than an order ofacquittal, alter or reverse the order.

Section 2 of Cap 114 which it is proposed to amend-

"firearm" means a lethal barrelled weapon of anydescription from which any shot, bullet or other missile canbe discharged or which can be adapted for the discharge ofany shot, bullet or other missile and includes —

(a) a weapon of any description designed or intendedto discharge —

(i) any noxious liquid, noxious gas or othernoxious substance; or

(ii) an electrical charge which when it strikes anyperson or animal is of sufficient strength tostun and temporarily disable the person oranimal struck (such weapon being commonly

,-.known as a -"stun gun or "electronic,paralyser");

(b) any airgun, air rifle, air pistol, revolver, crossbow,laser gun or any other similar weapon;

(c) the barrel, bolt, chamber, silencer, muffler, flash-guard or any other accessory designed or adaptedto diminish the noise or flash caused by firing aweapon and also other essential component part ofany weapon;and

(d) any weapon or other device or apparatus whichmay be specified by the Minister by order

.published in the Gazette to be a firearm for thepurposes of this Act;

3194 The Statute Law (Miscellane6us Amendments) Bill, 2015


19. Any person who has appeared before a valuation Appeals.

court on the consideration of an objection made before thatcourt under this Part, or who has submitted an objection inwriting to that valuation court, and who is aggrieved by thedecision of that valuation court on the objection, mayappeal against the decision of the valuation court withinone month from the date of the notice referred to in section17(4)—

(a) to the High Court, if such valuation court wasappointed under section 12; or


20. (1) If, during the consideration of an objection by a Case, stated

valuation court, any question of law arises as to theprinciple upon which any valuation has been or should bemade, it shall be lawful for the court, instead of itselfdeciding that question, at the request of any party to thehearing, to reserve such question of law for decision by theHigh Court, and such question shall be stated in the form ofa special case.

(2) On the hearing of a case stated under this section,the High Court may make such order as to costs as mayseem just.


28. (2) (2) When, in pursuance of a decision of avaluation court made under section 16, or of a magistratemade under section 19, or of the High Court made undersection 20, an amendment has been made in a draftvaluation roll or draft supplementary valuation roll or in avaluation roll or supplementary valuation roll which affectsthe amount of any rate paid in respect of any rateableproperty in accordance with the same, the difference, if toomuch has been paid, shall be repaid with interest at the rateof six per centum per annum from the date on which thesame was due and payable until the date of repayment, or,if too little has been paid, shall be paid and may berecovered together with interest at six per centum perannum from a date one month after the date of suchdecision to the date of payment.


Section 4(9) of Cap 296 which it is proposed to amend-

4. (9) Where the chairman of a tribunal is of opinionthat a question arising in any proceedings before thetribunal involves a substantial question of law, he may, andshall if any party to the proceedings so requests, adjournthe proceedings and refer that question of law to the HighCourt for a decision thereon, and, upon such decision beinggiven, the tribunal shall dispose of the proceedings inaccordance therewith.


8. (2) An appeal shall lie to the High Court from any suchdecision, determination or order in the following cases —

(a) in the case of an order under subsection (5) ofsection 6; or

(b) on any point of law; or(c) in the case of premises whereof the standard rent

exceeds one thousand shillings a month, on anypoint of mixed fact and law, and for the purposesof this subsection, the determination of any rent orof any sum shall be a matter of fact.


15. (1) Any party to a reference aggrieved by anydetermination or order of a Tribunal made therein may,within thirty days after the date of such determination ororder, appeal to the High Court:

Provided that the High Court may, where it is satisfiedthat there is sufficient reason for. so doing, extend the saidperiod of thirty days upon such conditions, if any, as it maythink fit.

(2) In hearing appeals under subsection (1) of thissection the Court shall have all the powers conferred on aTribunal by or under th' is Act, in addition to any otherpowers conferred on it by or under any written law.

(4) The procedure in and relating to appeals in civilmatters from subordinate courts to the High Court shallgovern appeals under this Act:

Provided that the decision of the High Court on any appealunder this Act shall be final and shall not be subject tofurther appeal.

3196 The Statute Law (Miscellaneous AmeLents) Bill, 2015

Section 16 (2) of Cap 301 which it is proposed to amend-

16. (2) The Chief Justice may make rules prescribing anyprocedure, fees or costs in any proceedings in the HighCourt or any other court, under this Act.


6. (1) Unless the written law by or under which a statecorporation is established or the articles of association of astate corporation otherwise require, a Board shall, subjectto subsection (4), consist of —

(a) a chairman appointed by the President who shallbe non-executive unless the President otherwisedirects;

(b) the chief executive;

c) the Permanent Secretary of the parent Ministry;

(d) the Permanent Secretary to the Treasury;

(e) not more than eleven other members not beingemployees of the state corporation, of whom notmore than three shall be public officers, appointedby the Minister.

Section 26(l)(a) of Cap 446 which it is proposed toamend-

(1) There shall be a Committee to be known as the StateCorporations Advisory Committee which shall consist of —

(a) the Permanent Secretary in the Office of thePresident who shall be the chairman;


(3) All proceeds of the charge imposed under this sectionshall be apportioned between the Kenya Airports Authorityand the Kenya Civil Aviation Authority in the followingmanner-

(a) for an external journey-

(i) eighty-five percent to the Kenya AirportsAuthority;

(ii) fifteen percent to the Kenya Civil AviationAuthority;

(b) for an internal journey —


(i) eighty percent to the Kenya Airports Authority;

(ii) twenty percent to the Kenya Civil AviationAuthority;

Section 2 of No.2 of 1998 which it is proposed to amend-

"dominant telecommunications service provider"means a licensee who has been declared by theCommission to be a dominant telecommunications serviceprovider pursuant to section 84W(4) of this Act;

Section 5B of No.2 of 1998 which it is proposed to amend-

Freedom of the media.

5B. (1) The Authority shall, in undertaking itsfunctions under this Act comply with the provisions ofArticle 34 (1) and (2) of the Constitution.

(2) Subject to Article, 24 of the Constitution, the rightto freedom of the media and freedom of expression may belimited for the purposes, in the manner and to the extent setin policy guidelines by the Cabinet Secretary. Out in thisAct and any other written law.

(3) A limitation of a freedom under subsection (2)shall be limited only to the extent that the limitation isreasonable and justifiable in an open and democraticsociety based on human dignity, equality and freedom.

(4) The right to freedom of expression shall not extendto-

(a) the spread of propaganda for war;

(b) incitement to violence;

(c) the spread of hate speech; or

(d) advocacy of hatred that-

(i) constitutes ethnic incitement, vilification ofothers persons or community or incitement tocause harm; or

(ii) is based on any ground of discriminationspecified or contemplated in Article 27(4).

(5) The Authority may make regulations for the bettercarrying out of the provisions of this section.

3198 The Statute Law (Ascellaneous Amendinents) Bill, 2015

Section 27D of No.2 of 1998 which it is proposed toamend-

27D. The Authority may make regulations withrespect to —

(a) procedure for SIM-card registration;,

(b) timelines for SIM-card, registration', storage andretention of subscriber records;

(c) confidentiality and disclosure of subscriberinformation

(d) registration of minors;

(e) transfer of SIM-cards;

(f) registration particulars;

(g) suspension and deactivation of SIM-cards; and(h) any other matter that may be prescribed under this

sub-Part.


40. Regulations with respect to resistance tointerference

(1) The Commission may, by regulations, prescribetechnical requirements to be complied with in the case ofradio communication apparatus specified in the regulations.

(2) The technical requirements in respect of anyapparatus shall be such as appear to the Commission to beappropriate for the purpose of minimising so far aspracticable, the risk of interference, arising from lawful useof any other apparatus to which the requirements apply, orany apparatus used in connection with it and which it isdesigned or adapted to receive.


46 Extent of the application of provisions relating toradio communication

(1) The provisions relating to radio communicationshall apply —

(a) to all radio communication stations' and radiocommunication apparatus in or. over, or for thetime being in or over Kenya or the territorialwaters adjacent thereto; and

I The Statute Law (Miscellaneous Amendments) Bill, 2015 3199

(b) subject to any limitations which the Commission

may, by regulations, determine, to all , radio

communication stations - and radio

communication apparatus which is released from

within Kenya or its territorial waters, or from any

vessel or aircraft which is registered in

(2) Without prejudice to the liability of any other

person, in the event of the contravention of the provisions

of subsection (1) or

of any, regulations^ or orders made

thereunder, occurring in relation to any. radio

communication station or radio communication apparatus

on board or released from any vessel or aircraft, the captain

or the person, for the time being, in charge of the vessel or

aircraft commits an offence under this Act:

Provided that this subsection shall not apply if the

contravention consists of the use by a passenger, on board

the vessel or aircraft, of any radio communication

apparatus not designed or adapted, for transmission (as

opposed to reception) which is not part of the radio

communication apparatus of the vessel or aircraft.

(3)The Commission may make regulations for the use

of radio communication apparatus on board a vessel or

aircraft not registered in Kenya while the vessel or aircraft

is within the territorial limits of Kenya or. its territorial

waters.


59. Regulations prohibiting injurious articles

The Commission may make regulations in respect of the

articles prohibited by section 58 and for the detaining,

disposing of, or destroying any such postal article. sent or

tendered for transmission by post.

Section 83V of No.2 of 1998 which it is proposed to amend-

83V. The Authority may make regulations under this Part.

Section 85A of No.2 of 1998 which it is proposed to amend-

85A"(3) The Authority may make regulations with respect

to infrastructure sharing".


Section 84W of No.2 of 1998 which it is proposed toamend-84W. Regulations on competition issues

(1) The Minister may in consultation with theCommission make regulations with respect to competitionissues.

1

(2) Without prejudice to the generality of theforegoing, the Minister in consultation with theCommission may make regulations with respect to —

(a) access, including rules of interconnection, bylicensees under this Act and their subscribers toeach other's network;

(b) the procedure of handling alleged breaches of faircompetition;

(c) investigation of a licensee under this Act alleged tohave committed acts or omissions in breach of faircompetition;

(d) access to information from any licensee with regardto facilitating investigations on alleged breaches offair competition;

(e) steps to be taken in order to remedy the breach;

(f) definition of market segments, and;

(g) account separation;

(3) A dominant telecommunications service providershall file tariffs, rates, terms, and conditions ofinterconnection with the Commission.

(4) The Commission may, by notice in the Gazette,declare a person or institution to be a "dominanttelecommunications service provider" for the purposes ofthis Act.

(5) In making a declaration under subsection (4), theCommission shall consider-

(a) the market share of the telecommunications serviceprovider being at least fifty per centurn of therelevant gross market segment;

(b) significant market power enjoyed by thetelecommunications service provider; and any otherconsideration the Authority may determine.


Section 130 of No. 8 of 1999 which it is proposed toamend-

130. (1) Any person aggrieved by a decision or order ofthe Tribunal may, within thirty days of such decision ororder, appeal against such decision or order to the HighCourt.

(2) No decision or order of the Tribunal shall beenforced until the time for lodging an appeal has expiredor, where the appeal has been commenced until the appealhas been determined.

(3) Notwithstanding the provisions of subsection (2),where the Director-General is satisfied that immediateaction must be taken to avert serious injuries to theenvironment, the Director-General shall have the power totake such reasonable action to stop, alleviate or reduce suchinjury, including the powers to close down any,undertaking, until the appeal is finalised or the time forappeal has expired.

(4) Upon the hearing of an appeal under this section,the High Court may —

(a) confirm, set aside or vary the decision or order inquestion;

(b) remit the proceedings to the Tribunal with suchinstructions for further consideration, report,proceedings or evidence as the court may deem fitto give;

(c) exercise any of the powers which could have beenexercised by the Tribunal in the proceedings inconnection with which the appeal is brought; or

(d) make such other order as it may deem just,including an order as to costs of the appeal or ofearlier proceedings in the matter before theTribunal.

(5) The decision of the High Court on any appeal under thissection shall be final.

First Schedule of No. 12 of 2008 which it is proposed toamend-

3202 The Statute Law (MiscellaneousI Amendments) Bill, 2015

PROCEDURE FOR NOMINATING

COMMISSIONERS BY THE NATIONAL ASSEMBLY

1. The Clerk of the National Assembly shall, withinfourteen days . of the commencement of this Act, byadvertisement in the Gazette and in at least three daily

newspapers of national circulation, invite applications frompersons qualified under^ this Act for nomination ascommissioners.

^ 2. An application under paragraph I, shall be forwarded

to the Clerk within twenty one days of the advertisementand may be made by any —

(a)qualified person; or

(b) any person, organization or group of personsproposing th' e nomination of any qualified person.

3. The relevant Parliamentary Committee in consultationwith the Minister shall, within seven days of the expiry ofthe period prescribed under paragraph 2—

(a) consider all the applications received underparagraph 2; and

(b) recommend to the National Assembly suitablyqualified persons for nomination ascommissioners.

4. The Committee shall rank and provide commentsregarding each of the finalists to the National Assembly.

5. The National Assembly shall, upon receipt of therecommendations of'the Committee under paragraph 3,nominate fifteen persons for appointment as commissioners

an& shall submit the list of nominees to the Minister foronward transmission to the President.

6. The Minister shall forthwith forward'the names ofthe persons nominated in accordance with paragraph 5 tothe President who shall, by notice in the Gazette, appointtherefrom eight commissioners.

7. In nominating or appointing persons ascommissioners, the National Assembly and the Presidentshall have regard to gender equity and regional balance.


Sec ' tion 6 of No. 13 of 2008 which it is proposed toamend-

6. (1) The management of the Agency shall vest in a Board of theAgency.

Board which shall consist of

(a) a Chairman appointed by the Minister;

(b) the Permanent Secretary in the Ministry for the timebeing responsible for matters relating toindustrialization , or his representative;

(c) the Permanent Secretary in the Ministry for the timebeing responsible for matters relating to trade or hisrepresentative;

(d) the Permanent Secretary in the Ministry for the timebeing responsible for matters relating to finance orhis representative;

(e) the Attorney-General or his representative;

(ee) the Director of Public Prosecutions-,

(f) the Commissioner for Customs Services or hisrepresentative;

(g) the Executive Director of Kenya Copyright Boardor his representative;

(h) the Managing Director of Kenya Industrial Property, Institute or his representative;

(i) the Managing Director of the Kenya Plant HealthInspectorate Service

or his representative;

0) the Managing Director of the Kenya Bureau ofStandards or his representative;


93. Rules

The Minister may, in consultation with the Authority,make rules generally for the better carrying into effect theprovisions of this Act.

Section 30 of No. I of 2011 which it is proposed to amend-

, 30. Appointment of Judges


(1) For the purposes of transparent recruitment ofjudges, the Commission shall constitute a selection panelconsisting of at least five members.

(2) The function of the selection panel shall be toshortlist persons for nomination by the Commission inaccordance with the First Schedule.

(3) The provisions of this section shall apply to theappointment of the Chief Justice and Deputy Chief Justiceexcept that in such case, a person shall not be appointedwithout the necessary approval by the National Assembly.

(4) Members of the selection panel shall elect aChairperson from amongst their number.

(5' )

Subject to the provisions of the First Schedule, theselection panel may determine its own procedure.

Paragraph 15 of No.] of 2011 of the First Schedule whichit is proposed to amend-

15. Notification of nominations -

(1) The Secretary shall, within seven days of theCommission's vote, cause the applicants to be notified bytelephone or electronic means, about the Commission'sdecision.

(2) Despite subparagraph (1), the Secretary shallcause to be transmitted to each applicant, a written noticeof the Commission's decision.

The names of the persons nominated forrecommendation for judicial appointment may be posted onthe Commission's website and placed in its press release.

Section 10(l) of No. HA of 2011 which it is proposed toamend-

10. (1) The functions of the Inspector-General shall be Functions andpowers of the

to — Inspector-General.

(g) determine the distribution and deployment ofofficers in the Service and recommend to theCommission and the County Policing Authorities;

Section 10(2)(b) of No. I ]A of 2011 which it is proposedto amend-


10. (2) The Service Standing Orders issued undersubsection (1) shall-

(b) be for the general control, direction and informationof the Service,

Section 13 of No. 11A of 2011 which it is proposed toamend-

13. (1) Whenever a vacancy arises in the office of a Procedure forappointment of

Deputy Inspector-General, the Commission s,hall, within Deputy Inspector-

fourteen days from the date the vacancy occurs, by notice General.

in the Gazette and at least two daily newspapers of nationalcirculation, declare the vacancy for the position of theDeputy Inspector-General and request for applications.

(2) Any person qualified in accordance with this Actmay make an application to the Commission withinfourteen days of the publication of the notice.

(3) The Commission shall consider the applications,vet, conduct public interviews and shortlist at least threepersons qualified for the positions advertised for undersubsection (1).

(4) The names of the persons shortlisted undersubsection (3) shall be published in the Gazette.

(5) The Commission shall within seven days from thedate of short listing of qualified candidates undersubsection (3), forward the shortlisted names to thePresident for appointment.

(6) The President shall, within seven days of receipt ofthe names forwarded under subsection (5), by notice in theGazette, appoint a person as the Deputy Inspector-General.

(7) For purposes of appointment of the DeputyInspector General before the establishment of theCommission, the procedure set out in the Third Scheduleshall apply, except that the provisions in the Schedulerequiring approval by Parliament shall not apply.Section 14(b) of No. I ]A of 2011 which it is proposed todelete-

14. In the entire recruitment and appointment process General provisionson recruitment of

of the Inspector-General or Deputy Inspector-General, the Inspector-Generaland Deputy

Commission, Parliament and President, as the case may be, Inspector-General.

shall-


(a)comply with the values and principles set out under

the Constitution, and in particular, Article 10, 27

and 232 of the Constitution; and

(b)ensure that at all times one of the three positions of

the Inspector- General and the two Deputy

Inspector-Generals is of opposite gender.

Section 17 of No. HA of 2011 which it is proposed toamend-

17. (1) A Deputy Inspector-General may be removed from lernoval of Deputy

Inspector-General.

office only for-

(a) serious violation of the Constitution or any other

law, including a contravention of Chapter Six of

the Constitution;

(b) gross misconduct, whether in the performance of

the functions of the office or otherwise;

(c) physical or mental incapacity to perform the

functions of the office;

(d)incompetence;

(e)bankruptcy; or

(f)any other just cause.

^ (2) A person desiring the removal of a Deputy

Inspector-General on any of the grounds specified in

subsectiorf (1), may present a petition to the Commission

setting out the alleged facts constituting that ground.

(3) The Commission shall, subject'to Article 47 of the

Constitution, consider the petit ' ion, and, if at least two

thirds majority of all the members are satisfied that it

discloses a ground under subsection (1) — ,

(a)investigate the matter expeditiously;

(b)consider the facts or any evidence arising out of the

investigations . under paragraph (a); and

(c) if at least two-thirds majority of all the members,

excluding the person under investigation, are

satisfied that the allegation is based on facts, report

on the facts and make a binding recommendation

to the President.


3207

(4) The President shall act in accordance . with the

recommendation of the Commission under. subsection (3),

within fourteen days.

(5) Pending ^he investigations under subsection (3),

the President may, on the advice of the Commission,,

suspend the Deputy Inspector-General.

(6) The Deputy Insppctor-General suspended under

subsection (5) shall be !entitled to continue . to receive one

half of the remuneration and benefits of the office while so

suspended.

Section 18 (2) and (3) of No. HA of 2011 which it isproposed to anzend-

(2)A Deputy Inspector-General shall be appointed for'

a term of five years and may be eligible for re-appointment

for a further one term, subject to the age -of retirement.

(3) Where the term' of office specified under

subsection (2) ends before the retirement period, the

Deputy Inspector-General may be redeployed to the

public service.

Section 23 of No. IJA of 201. 1 which it is proposed toamend-

23. The Deputy In.spector-General for the Kenya

Police Service shall subject to the direction, command and

control of the Inspector-General —

(1) implement the decisions of the Inspector-,General;

Section 26 of No. ]]A of 2011 which it : ts prop I osed to

amend-

26. The Deputy Inspector-Generdt in charge 'of the

Administration Police, - shall subject to the- direction,

command and control of the Inspector-General-

(m) perform such, other duti^s ,as may be assigned by the

Inspector-

General or the Commission, or. as may be , prescribed by

this Act or any other written.law.

Section 29 of No. HA of 2011 which it is proposed toamend-

Functions of the

Deputy Inspector-

General of the

Kenya Police

Service

Functions of the

Deputy Inspector-

General,

Administration

Police


Qualifications of the29. (1) There shall :be a Director of Criminal Director of CriminalInvestigations who shall be appointed in accordance with Investigations.

section 30.

(2) The Commission shall set the term of office of theDirector of CriminalInvestigations.

(3) The Commission shall appoint the Director onsuch terms and conditions as the Commission maydetermine.

Section 30 of No. HA of 2011 which it is proposed toamen4—30. (1) Whenever a vacancy occurs in . the office of the Nocelule 1,

appointment of theDirector of Criminal Director.

Investigations, the Commission shall, by notice in theGazette and al least two daily newspapers of nationalcitculation, declare a vacancy and request for applications.

(2) Any person qualified in accordance with this Actmay make an application to the Commission withinfourteen days of the publication of the notice..

(3) The Commission shall consider the application§,conduct public interviews and shortlist at least threepersons qualified for the positions advertised.

(4) The names of the shortlisted persons undersubsection (3) shall be published in the Oazette.

(5) The Commission shall, within seven days from thedate of publication of names under subsection (4), forwardthe shortlisted names to the President.

(6) The President shall, within seven days of receipt ofthe names forwarded under subsection (5), by notice . in theGazette appoint a person as the Director of CriminalInvestigations.

(7) For purposes of appointment of the Director ofCriminal Investigations before the establishment of theCommission, the procedure set out in the Third Scheduleshall apply with necessary modifications, except that theprovisions in the Schedule requiring approval byParliament shall not apply.


Section 31 of No. 11A^ of 201.1 which it is proposed toamend-

31. (1) The Director of Criminal Investigations may Remo"aloftheDircetor

be removed from office only for-

serious* violation of the Constitution or, any other

wk, in, cludink' *a' contfaverition of* thapter Six

thereof;

(b)goss misconduc4 whether in. the performance offunctions or otherwise;

(c) physical or mental incapaQity to -perform the

functions of office;

(d)incompetence', or

(e)bankruptcy; or

(f)any other just cause.

(2) A person desiring the removal of the Director of

Criminal Investigations on any ground mentioned in

subsection (1) may present a petition to the

Commission setting out the alleged facts constituting

that ground.

(3) The Commission shall consider the petition and, if

at least two-thirds of the members present and voting agree

that it discloses a ground under subsection (1), the

Commission shall —

(a)investigate the matter expeditiously;

(b)consider the facts or any evidence arising out of the

investigations under paragraph (a), and

(c)if at least two-thirds of ail the members, excluding

the person under investigations, are satisfied that

the allegation is based on fact, report on the facts

and make a binding recommendation to the

President.

(4) The President shall act in accordance with therecommendation of the Commission under subsection (93)

within fourteen days.

(5) Pending the investigations under subsection (3), the'President may, on the advice of the Commission, suspend

the Director


(6) The Director ofCriminal Investigations suspended

under this section shall be entitled to continue to continue

to receive one-half of the remuneration and benefits of.the

office while suspended.

Section 41 of No. HA of 2011 which it i^ proposed toamend-

41, (1) There shall be established a County Policing County Policing

Authority in respect of each county which shall comprise—. Authority.

(a)the Governor or a member of the County Executive

Committee appointed by the Governor, who shall

be the chairperson;

(b) county representatives appointed by the Inspector-

General, who shall comprise the heads of the

National Police Service, the National Intelligence

Service and the Directorate of CriminalInvestigations at the county level;

(c) two elected members nominated by the, CountyAssembly;

(d)the chairperson of the County Security Committee;

(e) at least six other members appointed by theGovernor, from amo .ngmth.e following categories of

persons ordinarily resident inthe . county-

(i)the business sector;

(ii)community based organizations;

(iii)women;

(iv)persons 'With special,fieeds", 'I"

(v)religious organizations; and

(vi)the youth.

(9) The functions' of the AuiMT4 s. hall be to.—

(a) develop proposals on priorities, objectives and

targets for police performance in. the county;

(b)monitor trends and patterns of crime in the county,

including those with a specific impact on women-and children;

(c) promote comrnuhity^ policing initiatives in -the

county;


(d) monitor progress and achievement of set targets;*

(e) provide financial oversight of the budget . of theCounty police;

(f) provide feedback on. performance of the policeservice at the county'level county police;

(g) provide a platform through which the publicparticipates on the all aspects to do with countypolicy and'the national police service At couAtylevel;

(h) facilitate public participation on county policingpolicy;

(i) ensure policing accountability to the public;

receive reports from Community Policing Forumsand Committees; and

(k) ensure compliance with the national policingstandards.

(11) The members of the Authority shall in their firstmeeting elect one of their own to serve as Secretary to theAuthority.

(12) A person elected as-secretary shall be based at theGovernor's office and shall not be a police officer.

Section 42(2) of No. I ]A of 2011 which it is proposed toamend-

Meetings of the42. (2) The Cabinet Secretary shall issue policy Authorities.guidelines on the conduct of business of the Authority.

Section 64 of No. HA of 2011 w hich it is proposed toamend-

64. Subject-to this Act or any other law, a police, Power to apply forsummons etc.

officer may apply before asubordinate court for summons,warrant or other legal process.

Section 76 of No. I J`A of 2011 : which - it is proposed toamend-

letirement from the76. (1) A Police officer below the rank of Deputy Service.

Inspector-General shall retire from the Service on attainingthe age of sixty years but may, with the approval of theCommission, be permitted to retire on attaining the age offifty years.

3212 The Statute Law (Miscellaneous Athendments) Bill, 2015

(2) Where -the officer retires after serving for more

than twenty years and before attaining fifty years, in terms

of subsection (1), the beriefits payable shall be calculated as

if the officer had retired after twenty years of service.

(3) An offirer below the rank of sfrgeant may

voluntarily retire from fk. e service tipon completion of

twelve or twenty years of service.

(4) Subje4 ' to sl;^sgction (2), where . the oWicer is

interdicted from duty in accordance with the Service

Standing Orders or any other written IAW, the -officer's

appointment as such does4iot cease only because of such

intudiction.

(5)Wbile a police officer is interdicted from duty, the

police officWs. powers, privileges and benefits as a police

officer 6hall be suspended, but the officer continues to be

subject to the same discipline and . penaltic^s, and tp the

same authority, as if the officer had not been interdicted.

Sectiom 81 of 4Vo. IIA of 2011 whiGh it is proposed toamend-

81. The Commission shall develop guidelines on Fy amin8lions and

examination and certification of p*olice trainees.certification.

Section 89(6) of No. I ]A of 2011 which it is proposed toamend-

89. (6) The sanctions under subsection (1)(c), (d), (e), Penalties for

disciplinary

(f) and (g) oilly take effect after approval and confirmation offences.

by the Commission.

Section 90 of No. I ]A of 2011 which it is proposed toamend-

er to summon.im90. (1) A police officer empowered to inquire into offences Iw esses.

against discipline may summon and examine police

officers as witnesses on oath or affinnation and require the

production of relevant documents in any matter connected

to the inquiry, and may adjourn any such inquiry from time

to time as he may consider fit.

(2) Any police officer summoned as a, witness under

subsection (1) who fails to attend at the time and place

specified in the summons, or, having attended, refuses to

answer any questions that are lawfully put to him (other

than questions which may incriminate him) or fails without

I


3213

I

reasonable cause to produce any document, commits anoffence against discipline.

Section 5C(I) of No. 12 of 2011 which it is p roposed toatnend-

SC..(I)The Committee may, from time'to time, establishsuch sub-committees as il piay wnsider necq'ssary forbetter carryirig out of its functions under this Act.

,5ection 7 of No 19 of 2011 which it is proposed to amend-

7. (1) A person shai ll.be opalified for appointment as Judgeof the Court if the

person —

(a) possesses the qualifications specified under Article166(2) of the Constitution; and

(b) has at least ten years' experience as a distinguishedacademic or legal practitioner with knowledge andexperience in matters relating to environment orland.


8. A Judge of the Court sliall hold office until theJudge —

(a) retires from office in accordance with Article 167(l)of the Constitution;

(b) resigns from office in accordance with Article167(5) of the Constitution; or

(c) is removed from office in accordance with Article168 of the Constitution.


Qualifications of andappoMment ofJudges of the Court.

Tenure of office ofJudge of the Court.

26. (1) The Court shall ensure reasonable and Sitting of the Court.

equitable access to its services in all Counties.

(2) A sitting of the Court may be held at such placesand at such times, as the Court may deem necessaty for theexpedient and proper discharge of its functions under thisAct.


Section 2 of NO. 21 of 2011 which : it is proposed 'toamend-

"Cabinet Secretary" means the Cabinet Secretary forthe time being responsible for matters relat ing tocorrectional services;

Section 6 Of No.22 of 201-1 which is proposed to delete —

6. Appointment of the chairperson and members

(1) The President shall, within fourteen days after thecommencement , of this Act, constitute a selection panelcomprising one person from each of the followingbodies-

(a) the Office of the President;

(b) the Office of the Prime Minister,

(c) the Ministry responsible for ethics and integrity;

(d) the Judicial Service Commissiow5

(e) the Commission for the time being responsible formatters relating to human rights;

(f) the Commission for the time being responsible formatters relating to gender;

(g) the Media Council of Kenya;,

(h) the joint forum Of the religibus organizationsdescribed 'in subsection

(2); and

(i) the Association of Professional Societies ofEast Africa.

(2) The joint forum of religious organizations referredto in subsection (1)(h) shall consist of representatives of —

(a) the Supreme Council of Kenya Muslims;

(b) the Kenya Episcopal Conference;(c) the National Council of Churches of Kenya;(d) the Evangelical Fellowship of Kenya; and(e) the Hindu Council of Kenya.(3) The Public Service Commission shall-(a) convene the first meeting of the selection panel, at

which the members of the selection panel shallelect a c.hairperson from among their number; and


(b) provide the selection panel with such facilities andother support as it may require for the dischargeof its functions.

(4) The selection panel shall, within seven days ofconvening, by advertisement in at least two dailynewspapers of national circulation, invite applications frompersons who qualify for nomination and appointment forthe position of the chairperson and members referred tounder section 4.

(5) The selection panel shall —

(a) consider the applications received undersubsection (4) to determine their compliance withthe provisions of the Constitution and this Act;

(b) short list the applicants;

(c) publish the names of the shortlisted applicants andthe qualified applicants in at least two dailynewspapers of national circulation;

(d) conduct interviews of the shortlisted persons inpublic;

(e) shortlist three qualified applicants , for the positionof chairperson;

(f) shortlist fo ur qualified applicants for the position-of the members; and

(g) forward the names of the qualified persons to thePresident.

.(6) The President shall, within fourteen days ofreceipt of the names of successful applicants forwardedunder subsection (5)(g), select the chairperson andmembers of the Commission and forward the names of thep

I ersons so selected tothe National Assembly for approval.

(7) The National Assembly. shall, within twenty-onedays of the day it next sits after receipt of the names of theapplicants under subsection (6), vet and consider all theapplicants, and may approve or reject any or all'of them.

(8) Where the National Assembly approves'-of theapplicants, , the Speaker of the National Assem.bly,shallforward the names of the approved applicants to thePresident for appointment.


(9) The President shall, within seven days of receiptof the approved applicants from the National Assembly, bynotice in the Gazette, appoint the chairperson andmembers approved by the National Assembly.

(10) Where the National Assembly rejects anynomination, the Speaker shall within three dayscommunicate its decision to the President and request thePresident to submit fresh nominations.

(11) Where a nominee is rejected by the NationalAssembly under subsection (10), the President shall withinseven days, submit to the National Assembly a freshnomination -from amongst the persons shortlisted andforwarded by the selection panel under subsection (5).

(12) If the National Assembly rejects any or all of thesubsequent nominees submitted by the President forapproval under subsection (11),' the provisions ofsubsections (1) to (6) shall apply.

(13) In short listing, nominating or appointingpersons as chairperson and members of the Commission,the selection panel, the National Assembly and thePresident shall ensure th at not more than two-thirds of themembers are of the same gender.

(14) The selection panel may, subject to this section,determine its own procedure.

(15) After the first general elections under theConstitution, the member of the. selection panel undersubsection (1)(b) shall be replaced by a representative ofthe Public Service Commission.

(16) The selection panel shall stand dissolved uponthe appointment of the chairperson and members undersubsection (9).

(17) Where the provisions of subsection (11) apply,the selection panel shall continue to exist but shall , standdissolved upon the requisite appointments being madeunder subsection (12).

(18) Despite the foregoing provisions of this section,the President may, by notice in the Gazette, extend theperiod specified in respect of any matter under this sectionby a period not exceeding twenty-one days.

The Statute Law (Misaellaneous AmenclTents) Bill, 2015 3217

Section 23(3) of No. 29 of 2011 which it is proposed toamend-

23. (3) Notwithstanding the provisions Pf subsection (2),a veterinary paraprofessional may render necessary first aidin matters not specified in the First Schedule in,cases ofemergency, and shall as soon as is reasonably practicablethereafter refer such first aid cases to the nearest veterinarysurgeon in private practice on a referral basis.

Section 44A qf No. 29 of 2011 which it is proposed todelete —

44A. the, supervisory or approval functions of the Boardas provided in this Act shall not , apply to a universityestablished or accredited in Kenya under the UniversitiesAct, 2012 and which has been granted a Charter.


64appointment" includes any re-appointment to the samebody, whether or not in the same capacity;

Section 14 , of No. 35 of 2011 which it is proposed toamend-

Registered perso sentitled to practise.

No" -application touniversities.

14. (1) The chairperson or amember of the Board may be Removal of a,nen, ber of the

removed from office only for— Board.

(a) serious violation of the Constitution Or any , otherlaw;

(b) gross misconduct, whether, in the performance oftheir functions or otherwise;

(c) physical or mental incapacity to perform thefunctions of office;

(d) incompetence; or

(e) bankruptcy.

(2) A person desiring the removal of the chairperson ora member on any ground specified in subsection (1) maypresent a petition to the Public Service Commission settingout the alleged facts constituting that ground.'

(3) The Public Service Commission shall consider thepetition and, if at least two-thirds of the members presentand voting agree that it discloses a ground for removal


under subsection (1), the Commission shall recommend the

removal from office of the chairperson or member; as the

case may be, to .the National Assembly.

(4) The National Assembly shall consider the^ petition

and, if it is satisfied that it discloses a ground for removal

under subsection (1), shall forward the petition to the

President.

(5) On receiving a petition under subsection (3), the

President-

(a) shall appoint a tribunal in accordance with

subsection (6) to hear and determine the petition;

and

(b) may suspend the chairperson or member as the

case may be, pending the outcome ' of the

petition.

(6) The tribunal referred to in subsection (5) shall

consist of —

(a)a person who holds or has held office as a judge of

a superior court, who shall be the chairperson;

(b) at least two persons who are qualified to be

appointed as judges of the High Court; and

(c) one other member who is qualified to assess the.

facts in respect of the particular ground for

removal.

(7) The tribunal shall investigate the matter

expeditiously, report on the facts and make a binding

recommendation to the President, who shall act, in

accordance with the recommendation within seven days.

(8) A person suspended under this section shall be

entitled to continue to receive one-half of the remuneration

and benefits of the office while suspended.'

Section 101 of No. 32 of 2012 which . it is proposed toamend-

101. The Environment and . Land Court established by 11"'i'liction of court.

the Environment and Land Court Act, 2011 has jurisdiction

to hear and determine disputes, actions and 'proceedings

concerning land under this Act.



150. The Environment and Land Court established in luri,lictiml of theEnvironment and

the Environment and Land Court Act is vested with Land Court.

exclusive jurisdiction to hear and determine disputes,actions and proceedings ,concerning land under this Act.


3. (1) Where the Inspector-General has reasonable Specified entityorder.

grounds to believe that-

(a) an entity has

(i) . committed or prepared to commit;

(ii) attempted to commit; or

(iii) participated in or facilitated the commissionof, a terrorist act; or

(b) an entity is acting —

(i) on behalf of;

(ii) at the direction of, or

(iii) in association with, an entity referred to inparagraph (a), he may recommend to theCabinet Secretary that an order be madeunder subsection (3) in respect of that entity.

(2) Before making a recommendation undersubsection (1), the Inspector-

General shall afford the affected entity an opportunityto demonstrate why it , should not

be declared as a specified

entity.

(3) Upon receipt of the recommendation undersubsection (1), the Cabinet

Secretary may, where he is satisfied that there arereasonable grounds to support a recommendation madeunder subsection (1), declare, by order published in theGazette, the entity in respect of wh ich the recommendationhas been made to be a specified entity.

(4) The Cabinet Secretary shall, subject to subsection(5), inform the entity in respect of which the order is made,in writing, of his decision under subsection (3) together


with reasons for arriving at that decision, ' within 'a period

seven days from the date ,of declaring the entity a specified

entity.

(5) A specified entity may apply 7 to the Inspector-,

General requesting for the revocation ' of an Order made

under subsection (3) in respect of that entity.

If on an application made under subsection (5),

the Inspector-General is satisfied that-

(a) there are reasonable grounds . for making the

application, . recommend to the Cabinet Secretary the

revocation of the Order; or

(b) there are no reasonable grounds for making the

application, the , Inspector-General shall reject the

application and shall, within sixty days of receiving the

application, inform the applicant of the decision.

(7) A specified entity which is aggrieved by the

decision of the Inspector-

General under subsection (6) may apply to the High

Court for a review of that decision within a period of sixty

days from th6 date of receipt of the decision.

(8)In

determining an application under subsection

(5), the Court-

(a) may receive and examine in chambers, all

information considered by the Cabinet Secretary

in arriving at his decision under subsection (3)

and any other information or evidence submitted

by the Inspector-General, anybody, institution or

agency of a foreign ^ State or international

organization which it considers relevant to the

determination of the application;

(b) ^may receive in evidence, any information

obtained by the Government, any institution or

agency of 'a foreign State that it may consider

necessary or relevant for the determination of the

application;

(c) shall provide the applicant with a statement of

the information available to the Court, so as to

enable the applicant to be reasonably informed

of the reasons for the ^ decision, without


disclosing any information the disclosure ofwhich would, in the opinion of the Court, beprejudicial to national security or endanger thesafety of any person; and , I

(d) shall give the applicant a reasonable , opportunityto be heard.

. (9) The Court may, on the application of the CabinetSecretary, consider any evidence or information adducedby him before the Court in the absence of the applicant orthe counsel representing the applicant where the'disclosureof that information would be prejudicial to nationalsecurity or endanger the safety of any person.

(10) The Court may, where it is satisfied that there areno reasonable grounds for declaring an entity as a specified,entity, make an order for the revocation of the order madeby the Cabinet Secretary in respect of the applicanc

(11) The Cabinet'Secretary shall, in consultation withthe Inspector-General and within a period of twelve monthsfrom the commencement of this Act and every subsequentyear, review all the orders made under subsection (3) todetermine whether the grounds for declaring an entity as aspecified entity apply with respect to that entity and mayrevoke the order or issue such orders as he considersappropriate.

(12) The Cabinet Secretary may, where he hasreasonable grounds to believe that a specified entity isoperating wholly or partly under a name . that is notspecified in the order or different name from that specifiedin the order direct that the entity be treated as a specifiedentity under the Act and that the name of that entity whichis not specified in that Schedule be treated as another namefor the specified entity.

Section 12A(2) of No. 30 of 2012 which it is proposed toamend— I

(2) Without prejudice - to subsection (1), unlawfulpossession of improvised explosive devices, assault rifles,rocket propelled grenades or grenades shall be presumed tobe for terrorist or criminal purposes.



45. (1) Where the Cabinet Secretary has reasonablegrounds to believe that a person outside Kenya hascommitted or is likely to commit a terrorist act in Kenya,he may, by order published in the Gazette, prohibit-

(a) all persons in Kenya; and

(b) all citizens of Kenya residing outside Kenya frommaking funds available to, or for the use or benefitof, the first mentioned person who shall be namedin the order or be identified by reference to adescription of persons set out in the order.


"foreign university" means a university establishedoutside Kenya, which intends to offer university educationin Kenya;


5. (1) The functions of the Commission shall be to-

(a) promote the objectives of university education;

(b) advise the Cabinet Secretary on policy relating touniversity education;

(c) promote, set standards and assure relevance in thequality of university education;

(d) monitor and evaluate the state of universityeducation systems in relation to the nationaldevelopment goals;

(e) licence any student recruitment agencies operatingin Kenya and , any activities by foreigninstitutions;

(f) develop policy for criteria and requirements foradmission to universities;

(g) , recognize and equate degrees, diplomas andcertificates conferred or awa' rded by foreignuniversities and institutions in accordance withthe. standards and guidelines set by theCommission from time to time;

I

Power to prohibitmaking ftindsavailable to personsin foreign states tocommit terroristacts.

Functions of theCommission.


(h) undertake or cause to be undertaken, regularinspections, monitoring and evaluation ofuniversities to ensure compliance with setstandards and guidelines;

W collect, disseminate and maintain data onuniversity education;

0) accredit universities in Kenya;

(k) regulate university education in Kenya;

(1) accredit and inspect university programme inKenya;

(m) promote quality research and innovation; and

(n) perform such other functions and exercise suchother powers as the Commission may deemnecessary for the proper discharge of its mandateunder this Act.

(3) For the avoidance of doubt, save as may beprovided for under any other written law, the Commissionshall be the only body with the power to perform thefunctions set out in this section.

Section 20(l) of No. 42 of 2012 which it is proposed toamend-

20. (1) A university granted a Charter in accordance Effect of a Charter.

with section 19—

(a) shall be a body corporate, and as such shallcontinue the activities of the university asundertaken under the Letter of Interim Authority,including the employment of staff, except whereactivity is expressly altered under the Charter;

(b) shall mobilize academic resources;

(c) may develop and mount its new academicprogrammes subject to review by the Commissionin accordance with the provisions of this Act;

(d) may establish campuses and constituent collegeswhich must conform to standards established byregulations made under this Act; and

(e) may award degrees, including honorary degrees.


Section 35 of No. 42 of 2012 which it is proposed to

amend-

35., (2) Notwithstanding the generality of the Imming organs of

a university.

provisions of subsection (1), the

Council of a private university shall be appointed in

accordance with provisions of the Charter, and such a

university may, with the approval of the Commission,

establish additional governance organs, including a Board

of Trustees or its equivalent, as the sponsor may deem

appropriate.

(3) A Board of Trustees established pursuant to

subsection (2) or the sponsor of a private university shall,

in addition to any other functions set out in the charter of

the university —

(a)appoint members of the University Council;

(b)raise funds for the benefit of the university;

(c)promote the objects of the university; and

(d)appoint the university Chancellor.


The Vice-Chancellor

(1) The Vice-Chancellor of a university shall be

appointed^

(a)in the case of A public university, competitively by

the Cabinet Secretary on the recommendation of the

Council; and .

(b) in the case of a private university, by the respective

university Council in accordance with the

provisions of the Charter.

(2) The Vice-Chancellor shall be the chief executive of the

university and shall-

(a)be the academic and administrative head, of the

university;

(b)have the overall responsibility for the direction,

organization, administration and programmes of the

university; and


(c) have such responsibilities and duties , as may beprovided for in the Charter.

(3) The Vice-Chancellor of a public university shallhold office for a term of five years and shall be eligible fora further term of five years.

(4) The term of the Vice-Chancellor of a privateuniversity shall be as provided in the Charter.

(5) The provisions of this section shall apply mutatismutandis to the Principal of a constituent college.

Section 51A of No. 42 of 2012 which it is proposed toamend-

51A. (1) A private university granted a charter may a,,angementsenter into a financing arrangement with any person orinstitution upon ' such terms and conditions as may be setout in the arrangement, for the purpose of financing theobjectives for which the university is established.

(2)without prejudice to the generality of subsection (1)the finance arrangement may set out —

(a) the rights and obligations of each party to thearrangement;

(b) the sharing of assets or liabilities arising from thearrangement;

(c) the manner of termination of such arrangement;

(d) such other matters as may be necessary under thelaw under which the arrangement is made.


"Cabinet Secretary" means the Cabinet Secretary for thetime being responsible for matters relating to treaties;

Section 8 of No. 45 of 2012 which' it is proposed toamend-

8. (1) Where the Cabinet approves the ratification of a Consideration byParliament.

treaty, the Cabinet Secretary shall submit the treaty and'amemorandum on the treaty to the Speaker of the NationalAssembly.

(2) A treaty approved for ratification by the Cabinetunder section 7 shall, depending on its subject matter, be


considered by both or the relevant House of Parliamentpaying due regard to Part I and Part 2 of Chapter Eight ofthe Constitution.

(3) The relevant parliamentary committee shall,during its consideration of the Treaty, ensure public'participation in the ratification process in accordance withlaid down parliamentary procedures.

(4) Parliament may approve the ratification of a treatywith or without reservations to specific provisions of thetreaty.

(5) A proposed reservation shall be introduced as aprovision into the treaty in accordance with the procedureset out in the Standing Orders.

(6) Where one House approves the ratification of atreaty and the other House refuses to approve theratification of a treaty, the treaty shall be referred to themediation committee in accordance with Article 112 of theConstitution.

(7) Where the both Houses refuse to approve theratification of a treaty, the Speakers of the two Houses shallsubmit their decision to the relevant Cabinet Secretarywithin fourteen days of the decision.

(8) Nothing in this Act precludes the resubmission ofa treaty to National Assembly and where applicable theSenate, where approval for the ratification of the treaty hadbeen refused.

(9) Parliament shall not approve the ratification of atreaty or part of it if its provisions are contrary toConstitution, nor shall the House approve a reservation to atreaty or part of it if that reservation negates any of theprovisions of the Constitution even if the reservation ispermitted under the relevant treaty.

Section 8 of No 1 of 2013 which it is proposed to amend-

(1)There shall be Chief Executive Officer of theAuthority who shall be competitively recruited andappointed by the Board and whose terms and conditions ofservice shall be determined by the Board, upon the adviceof the Salaries and Remuneration Commission, in theinstrument of appointment or otherwise in writing fromtime to time.


. (2) A person sh ' all be qualified for appointment undersubsection (1) if the person-

(a) holds a minimum of a first degree in pharmacy;

(b)'^ holds a postgraduate degree in business

management or postgraduate training in supplies

management;

(c)possesses at least five years experience in senior

management; and

(d) satisfies the requirements of chapter six of the

Constitution.

Section 12 of No 23 Of 2013 which it is proposed to amend-

Referral to the Committee

(1) Every statutory instrument issued, made or

established after the commencement of this Act shall stand

referred to the Committee or any other committee that may

be established for the purpose of reviewing and

scrutinizing statutory instruments.

(2)Nothing under subsection (1) may be construed as

precluding the Committee from scrutinizing statutory

instruments previously published before thecommencement of this Act.

(3)The provisions of subsection (1) shall not apply to

any rules, regulations and orders emanating from a court of

competent jurisdiction in Kenya.

Section 12 of No 23 Of 2013 which it is proposed to amend-

15. Report to Parliament

The Committee shall make a report to Parliament

containing only a resolution that the statutory instruments

that stands permanently referred to the Committee be

revoked.

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