The Statute Law (Miscellaneous Amendments) Bill, 2022

SPECIAL ISSUE

Kenya Gazette Supplement No. 199 (National Assembly Bills No. 60)

REPUBLIC OF KENYA

KENYA GAZETTE SUPPLEMENT

NATIONAL ASSEMBLY BILLS, 2022

NAIROBI, 22nd November, 2022

CONTENT

| Bill for Introduction into the National Assembly | PAGE | |------------------------------------------------------|--------| | The Statute Law (Miscellaneous Amendments) Bill, 2022 | 1455 |

1455

THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL, 2022

A Bill for

AN ACT of Parliament to make minor amendments to statute law

ENACTED by the Parliament of Kenya, as follows—

1. This Act may be cited as the Statute Law (Miscellaneous Amendments) Act, 2022.

2. The several laws specified in the first column of the Schedule are amended in the provisions specified in the second column thereof, in the manner respectively specified in the third column.

SCHEDULE

| Short title | Written law | Provision | Amendment | |-------------|-------------|-----------|-----------| | The Judicature Act (Cap. 8) | | s. 7(1) | Delete the word "thirty" and substitute therefor the word "seventy" | | The Appellate Jurisdiction Act (Cap. 9) | | s. 59(7) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 73 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | The Vexatious Proceedings Act (Cap. 41) | | s. 4 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Penal Code (Cap. 63) | | s. 146 | Delete the words "idiots or imbeciles" wherever they appear and substitute therefor the words "persons with mental disabilities" | | The Criminal Procedure Code (Cap. 75) | | s. 2 | Delete the expression "State Counsel" appearing in the definition of the term "public prosecutor" and substitute therefor the expression "Prosecution Counsel" | | | | s. 2 | Delete the definition of "police officer" and substitute therefor the following new definition— "police officer" has the meaning assigned to it under the National Police Service Act, 2012; | | | | s. 2 | Delete the definition of "police station" and substitute therefor the following new definition— "police station" has the meaning assigned to it under the National Police Service Act, 2012; | | | | s. 83 | Delete and substitute therefor the following new section— 83. (1) The Director of Public Prosecutions may order in writing that all or any of the powers vested in him by sections 81 and 82 and by Part VII, be vested for the time being in the Secretary of Prosecution Services, the Deputy Director of Public Prosecutions, the Senior Assistant Director of Public Prosecutions, Assistant Director of Public Prosecutions, the Senior Principal Prosecutions Counsel, the Senior Prosecution Counsel and Prosecution Counsel, and the exercise of those powers by the specified officers shall then operate as if they had been exercised by the Director of Public Prosecutions. (2) The Director of Public Prosecutions may in writing revoke an order made by him under this section. | | | | s. 90(3) | Delete the words "a Sunday" and substitute therefor the words "any day of the week including Sunday" | | | | s. 123(1) | Delete the words "other than a person accused of murder, treason, robbery with violence, attempted robbery with violence and any related offence" | | | | s. 131(2) | Delete the word "movable" | | | | s. 137 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 184 | Delete | | | | s. 186 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Extradition (Commonwealth Countries) Act (Cap. 77) | | s. 7 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 8 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 9 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 10 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Evidence Act (Cap. 80) | | s. 3 | Insert the following definition in proper alphabetical sequence— "photograph" means an image created by light falling on a light sensitive surface, either photographic film or an electronic medium and made visible and permanent by chemical treatment or stored digitally | | | | s. 78(1) | Insert the words "or an electronic and digital medium" immediately after the word "film" | | | | s. 125(2) | Delete the words "a mentally disordered person or a lunatic" and substitute therefor the words "a person with mental disability" | | The National Flag, Emblems and Names Act (Cap. 99) | | s. 6 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Public Holidays Act (Cap. 110) | | Schedule | Delete the expression "Utamaduni Day" and substitute therefor the expression "Huduma Day" | | The Housing Act (Cap. 117) | | s. 2 | Insert the following definitions in proper alphabetical sequence— "affordable housing" means housing that is adequate, targeted for the population whose income is below the median individual or housing income, and whose cost does not exceed more than thirty per cent of household or individual income per month to rent or acquire. "affordable housing development project" means a housing development project targeted to construct and deliver affordable housing and approved by the Cabinet Secretary responsible for matters relating to housing. | | The Official Secrets Act (Cap. 187) | | s. 10(1) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 49(1) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Geneva Conventions Act (Cap. 198) | | s. 3(3) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Pharmacy and Poisons Act (Cap. 244) | | s. 40(4) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Mental Health Act (Cap. 248) | | s. 42(5) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Land Consolidation Act (Cap. 283) | | s. 14(6)(b) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 33 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Land Adjudication Act (Cap. 284) | | s. 10(2) | Delete the expression "Attorney-General" appearing in the proviso and substitute therefor the expression "Director of Public Prosecutions" | | The Marine Insurance Act (Cap. 390) | | s. 91(3) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Local Manufactures (Export Compensation) Act (Cap. 482) | | s. 10(2) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Capital Markets Act (Cap. 485A) | | s. 38 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Architects and Quantity Surveyors Act (Cap. 525) | | s. 3(3) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Prevention of Fraud (Investments) Act (No. 1 of 1977) | | s. 27(3) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Higher Education Loans Board Act, 1995 (No. 3 of 1995) | | s. 24 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Retirement Benefits Act (No. 3 of 1997) | | s. 54(1) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Co-operative Societies Act, 1997 (No. 12 of 1997) | | s. 94(3) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Central Depositories Act, 2000 (No. 4 of 2000) | | s. 63 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The Copyright Act (No. 12 of 2001) | | s. 2 | Delete the definition of "collective management organization" and substitute therefor the following new definition— "collective management organization" means an organization approved and authorized by the Board which has as its main object, or one of its main objects, the negotiating for the license fees for the use of copyright work, distribution of royalties and the granting of licences in respect of the use of copyright works or related rights; | | | | s. 30AA | Insert the following new section immediately after section 30— Equitable Remuneration. (1) Where a sound recording published for commercial purposes, or a reproduction of such phonograms is used directly for broadcasting or other communication to the public, or is publicly performed, a single equitable remuneration for the performer or performers and the producer of the sound recording shall be paid by the user to the producer. (2) Unless otherwise agreed between the performers and the producer, half of the amount received by the producer under subsection (1) shall be paid by the producer to the performer or performers. (3) The right to an equitable remuneration under this section shall subsist from the date of publication of the sound recording until the end of the fiftieth calendar year following the year of publication, provided that the phonogram is still protected under the Act. (4) For the purposes of this section, phonograms that have been available to the public by wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them shall be considered to have been published for commercial purposes. (5) A performer shall have the unwaivable and untransferable rights to receive equitable remuneration or royalties in respect of any broadcast, communication to the public, rental or making available to the public of his performance fixed in an audiovisual fixation to be managed through the relevant collective management organization. (6) The right to an equitable remuneration under this section shall subsist from the date of publication of the audiovisual performance until the end of the fiftieth calendar year following the year of publication, provided that the audiovisual work or performance is still protected under the Act. | | | | s. 30B(1) | Insert the word "authors" immediately before the word "performers" | | | | (2) | Insert the word "authors" immediately before the word "performers" | | | | (3) | Insert the word "authors" immediately before the word "performers" | | | | s. 46(1) | Delete and substitute therefor the following new subsection— No person or association of persons shall commence or carry on the business as a collective management organization unless operating license. | | | | (3) | Delete the expression "twelve months" and substitute therefor the expression "thirty-six months" | | | | (4) | Insert the words "and is registered as a Collective Management Organization by the Board" at the end of paragraph (a). | | | | s. 46A | Delete paragraph (d) and substitute therefor the following new paragraph— (d) its main object, or one of its main objects, is negotiating for the licence fees for the use of copyright works and the granting of licences in respect of the use of copyright works or related rights. | | | | | Insert the following new subsections immediately after subsection (12)— (13) An organization registered in accordance with subsection (4)(a) may apply to the Board in the prescribed manner for an operating licence. (14) Where a collective management organization operating licence is revoked, the approved collecting agent shall in conjunction with the Board open and operate an escrow account to hold monies not immediately available for utilization or distribution until the operating license is reinstated or a new organization is licensed by the Board. (15) During the period of revocation under subsection (14), the agency shall continue to collect and remit royalties to rightsholders. | | | | s. 46B | Renumber the existing provision as subsection (1) and insert the following new subsection— (2) A licensed collective management organization may appoint an agent approved by the Board to collect and distribute royalties on their behalf through the National Rights Registry. (3) The agency appointed under subsection (2) shall collect royalties on such terms and conditions as may be agreed upon between them and the collective management organization subject to approval of such terms by the Board. | | | | s. 46C | Insert the following new subsection immediately after subsection (1)— (1A) In addition to the members provided for under subsection (1) there shall be co-opted into the board of directors of a collective management organization at least four persons who hold professional qualifications recognized by a professional body established under the relevant law. | | | | | Add the following new subsections immediately after subsection (4)— (5) The members of the board of a collective management organization shall be eligible to such salaries, honorariums, and other allowances as may be approved by members in a general meeting and endorsed by the Board. (6) A person who has been convicted of an offence under this Act or any law relating to the management of any company or organization or of a felony shall not be eligible to hold office as a director or to be employed as a member of the staff of a collective management organization. (7) Where a person who is a member of the board of a collective management organization or a member of its staff is charged with an offence under this Act or any other law relating to the management of any company or organization or of a felony such person shall step aside from his or her position until the matter is heard and determined. (8) A person to whom subsection (7) applies shall during the hearing of the case be entitled to receive half of his or her basic pay and if acquitted of the offence shall be paid the outstanding amount, and may with the concurrence of the members of the organization be reinstated to his or her respective position in the Board. | | | | s. 46E | (9) The payment of royalties by the collective management organization shall be automated and based on monitoring data and conducted in accordance with such conditions as the Board may from time to time prescribe. | | | | | Insert the following new subparagraph immediately after subsection (1)— (1A) Notwithstanding subsection (1), the Board may issue a licence for one entity to represent the rights of all parties within a sector. | | | | | (6) Insert the following new paragraph immediately after paragraph (g)— (h) at any other time when the Board considers it appropriate to do so in the best performance of its functions under this Act. | | | | | Insert the following subsections immediately after subsection (6)— (7) Any member or director of a collective management organization who approves accounts beyond the limits directed by the Board commits an offence and shall on conviction be liable to a fine not exceeding five times the amount in excess of the allowed amount or imprisonment for a term not exceeding three months or to both. (8) A collective management organization shall only operate bank accounts authorized and monitored by the Board. | | The Anti-Corruption and Economic Crimes Act, 2003 (No. 3 of 2003) | | s. 25A(1) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 37(6) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 62(5) | Delete the expression "the Attorney General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | | | s. 62 | Delete subsection (6). | | | | | Insert the following new subsections— (6A) Notwithstanding the provisions of any other law, where a state officer is under investigation for, or has been charged with corruption or economic crime, the Commission may, by an ex parte application in the High Court, seek for an order barring the officer from accessing his or her office or exercising the powers of that office including participating in decision making, voting and supervising staff. | | The Sexual Offences Act, 2006 (No. 3 of 2006) | | s. 40 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | The National Museums and Heritage Act, 2006 (No. 6 of 2006) | | s. 57(2) | Delete the expression "the Attorney General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" |

• (6B) The provisions of subsection (6A) shall apply where the Commission upon preliminary investigations has established grounds to reasonably suspect that the public or state officer is likely to—
• (a) conceal, alter, destroy, or remove records, documents or other evidence;
• (b) intimidate, threaten or otherwise interfere with witnesses; or
• (c) interfere with investigations in any other manner.

Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"

Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"

2006).

The Labour Institutions Act, 2007 (No. 12 of 2007). s.35(1)(k) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"

| The Accountants Act, 2008 (No. 15 of 2008). | | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | |---|---|---| | The International Crimes Act, 2008 (No. 16 of 2008). | s.5 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions". | | | s.19(2) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | s.19(3) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | s.21(1)(b) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | s.23(2) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | s.24 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | | s.25(3)(a) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | s.26(1) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | s.26(2) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | | s.76 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | | s.77(2) | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" |

| s.78 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | |---|---| | s.79 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.84 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.85(4) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions". | | s.86 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.87(1) | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.88 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.89 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.90 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | s.91 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.92 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | | s.93(2)(b) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | s.94 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" |

s.95 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.96(1) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"

s.96(2) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"

s.102(2) Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.102(3) Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.103 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.104 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.105 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.106 Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"

s.107 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.108 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.109 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.110 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

• s.111 Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"
• s.112(1) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions".
• s.112(3) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions".
• s.112(4) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions".
• s.113(2) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"
• s.113(3) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"
• s.114(1) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"
• s.114(2) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"
• s.115(1) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"
• s.116 Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"
• s.118(2) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions"
• s.119 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

| s.120 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | |---|---| | s.121(b) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | s.122 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | s.124 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions". | | s.126 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.127(6) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | s.129 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.153(1) | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | s.153(2) | Delete the words "Attorney-General" and substitute therefor the words "Director of Public Prosecutions" | | s.154 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.155 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" | | s.156 | Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions" | | s.157 | Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions" |

s.158 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.159 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.160 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.168 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

s.171 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

The Biosafety Act, 2009 (No. 2 of 2009). s.53 Delete the expression "Attorney-General" wherever it appears and substitute therefor the expression "Director of Public Prosecutions"

The Merchant Shipping Act, 2009 (No. 4 of 2009). s.16 Delete.

The Vetting of Judges and Magistrates Act, 2011 (No. 2 of 2010). s.18(1) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions".

The Prevention of Organised Crimes Act, 2010 (No. 6 of 2010). s.14 Delete the expression "five hundred thousand shillings" and substitute therefor the words "ten million shillings."

• (3) Delete the expression "thirty days" and substitute therefor the words "ninety days"

s.17(9) Delete paragraph (b) and substitute therefor the following new paragraph— (b) Inspector-General of the National Police Service.

The Counter-Trafficking in Persons Act, 2010 (No. 8 of 2010). s.19(2)(e) Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions".

The Judicial Service Commission Act, 2011 (No. 1 of 2011). s.38 Insert the following new subsection immediately after subsection (1)— (1A) The Commission shall submit the annual report to the President and the National Assembly within six months after the end of the year to which it relates.

The Independent Electoral and Boundaries Commission Act (No. 9 of 2011). s.24(1) Delete the word "three" and substitute therefor the word "six"

The Salaries and Remuneration Commission Act, 2011 (No. 10 of 2011). s.24 Insert the following new subsection immediately after subsection (1)— (1A) The Commission shall submit the annual report in subsection (1) to the President and the National Assembly within six months after the end of the year to which it relates.

The Kenya National Commission on Human Rights, 2011 (No. 14 of 2011). s.53 Insert the following new subsection immediately after subsection (1)— (1A) The Commission shall submit the annual report in subsection (1) to the President and the National Assembly within six months after the end of the year to which it relates.

The National Gender and Equality Commission, 2011 (No. 15 of 2011). s.23 Insert the following new subsection immediately after subsection (1)— (1A) The Commission shall submit the annual report in subsection (1) to the President and the National Assembly within six months after the end of the year to which it relates.

The Commission on Revenue Allocation, 2011 (No. 16 of 2011). s.23 Renumber the existing provision as subsection (1). Insert the following new subsection immediately after subsection (1)— (1A) The Commission shall submit the annual report in subsection (1) to the President and the National Assembly within six months after the end of the year to which it relates.

The Ethics and Anti-Corruption Commission Act (No. 22 of 2011). s.27(2) Delete the word "three" and substitute therefor the word "six"

The Tourism Act, 2011 (No. 28 of 2011). s.116 Delete the expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions".

The National Police Service Commission Act (No. 30 of 2011). s.26(2) Delete the word "three" and substitute therefor the word "six"

The National Land Commission Act (No. 5 of 2012). s.33 Insert the following new subsection immediately after subsection (1)— (1A) The Commission shall submit the annual report in subsection (1) to the President and the National Assembly within six months after the end of the year to which it relates.

The Leadership and Integrity Act, 2012 (No. 19 of 2012). s.12A Renumber the provision as subsection (1), and insert the words "or public office" after the words "state office".

s.19(6) Insert the following new subsections— (2) Where a public entity is recruiting staff it shall, within seven days after shortlisting of candidates for any position for which appointment is considered, submit the list of all the shortlisted candidates to the Commission for integrity suitability verification. (3) The Commission shall upon receipt of the list of shortlisted candidates verify the information regarding them and make recommendations to the public entity on the integrity suitability of the shortlisted persons. (4) In making recommendations under subsection (3), the Commission may consider any other information with respect to the integrity suitability of the applicant. (5) The recruiting entity shall take into account the recommendations on the integrity suitability of the candidates in making appointment decisions.

s.40 Delete the words "fail to submit annual statements of account" and substitute therefor the words "fails to submit statements of account annually as required under section 19 (3)"

Renumber the provision as subsection (1) and insert the following new subsection—

• (2) The High Court may upon application by any person, declare the assumption of office by a state officer to be invalid for want of executing a commitment to the specific leadership and integrity code.

Insert the following new subsection Service Commission Act, 2012 (No. 20 of 2012).

The National Transport and Safety Authority, 2012 (No. 33 of 2012).

91`s

The Scrap Metals Act, 2015 (No. 1 of 2015)

immediately after subsection (1)-

(1A) The Commission shall submit the annual report in subsection (2) to the President and the National Assembly within six months after the end of the year to which it relates.

Delete the word "three" and substitute therefor the word "five"

Insert the following new definitions in proper alphabetical sequence-

"Authority" means the Kenya Revenue Authority established under section 3 of the Kenya Revenue Authority Act;

"critical national infrastructure" means physical and virtual assets or facilities, whether owned by private or public entities which are essential to the provision of vital services to the public for their social and economic wellbeing, and which if destroyed degraded or rendered unavailable, would impact on the social or economic wellbeing of the nation or affect the government's ability to undertake national defence and security;

"electrical rewinder" means a person who deals in the repair or rewinding of electric motors;

"smelter" means an installation or factory for smelting metal from its ore or means a person engaged in the business of smelting"; and

"steel fabricators" means an installation or factory for the production of metal structures using a range of processes such as The Controller s.19 of Budget Act, 2016 (No. 26 of 2016).

The Water Act, s.14(1) (2016 (No. 43 of cutting, bending or assembling, generates scrap metal in their processes.

The Excise Duty Paragraph 1 Delete- Act, 2015 (No. of Part I of 23 of 2015). the First Schedule

• (a) the expression 3905.91.00 Emulsion VAM and substitute therefor the expression "3905.91.00 Imported copolymers";
• (b) the expression 3905.19.00 Homopolymers" and substitute therefor the expression 3905.19.00 Imported polymers, and
• (c) the expression "3906.90.00 Emulsion B.A.M." and substitute therefor the expression "3906.90.00 Imported acrylic polymers"

following subsection

Insert the new immediately after subsection (2)-

• (2A) The Commission shall submit the annual report in subsection (2) to the President and the National Assembly within six months after the end of the year to which it relates.

Insert the following new paragraph immediately after paragraph (e)

2016).

• (ea) the Attorney-General or his representative.
• s.17(1) Insert the words "and in accordance with the guidelines made by the Salaries and Remuneration Commission" immediately after the word "appointment."
• s.31(1) Delete and substitute therefor the following new subsection-
• (1) The powers and functions of the Water
• performed under the direction of a Water

which Harvesting and Storage Board which shall consist of-

• (a) a chairperson, who shall be appointed by the President;
• (b) the Principal Secretary responsible for matters relating to finance or his representative;
• (c) the Principal Secretary responsible for matters relating to water or his representative;
• (d) the Principal Secretary responsible for matters relating to land;
• (e) five other members appointed by the
• Cabinet Secretary;
• (f) the Chief Executive Officer.
• s.33(1) Delete the words "the Cabinet Secretary for Public Service may determine on the advice of the Salaries and Remuneration Commission" and substitute therefor the words "may be specified in the instrument of appointment and in accordance with the guidelines made by the Salaries and Remuneration Commission."
• s.66(1)
• Delete and substitute therefor the following new subsection-
• (1) Each water works development agency shall consist of-
• (a) a chairperson, who shall be appointed by the President;
• (b) the Principal Secretary responsible for matters relating to finance or his representative;
• (c) the Principal Secretary responsible for matters relating to water or his representative;
• (d) the Attorney-General representative;
• or his
• (e) the Chief Executive Officer; and

• s.73
• six other members who shall be appointed by the Cabinet Secretary
• from counties within the basin area.
• 8.66 Insert the following new subsection
• immediately after subsection (2)-
• (3) The Cabinet Secretary shall, on the recommendation of the respective Board of Water Development Agency appoint a Chief Executive Officer of the respective water works agency on such terms and conditions as may be specified in the instrument of appointment and in accordance with the guidelines made by the Salaries and Remuneration Commission.
• s.71(1) Delete and substitute therefor the following new subsection-
• (1) The powers and functions of the
• Regulatory Board shall be exercised and performed under the direction of the Regulatory Board, which shall consist of-
• (a) a chairperson, who shall be appointed by the President;
• (b) the Principal Secretary responsible for matters relating to finance or his representative;
• (c) the Principal Secretary responsible for matters relating to Water or his representative:
• (d) the Attorney-General or representative;
• his
• (e) the Chief Executive Officer, and
• (f) six other members appointed by the
• Cabinet Secretary.
• Delete the words "the Cabinet Secretary for Public Service may determine on the advice of the Salaries and Remuneration Commission" and substitute therefor the words may be specified in the instrument of appointment and in accordance with the guidelines made by the

The Bribery Act, 2016 (No. 47 of 2016).

s.115(2)

Salaries and Remuneration Commission.

Delete and substitute therefor the following new subsection-

• (2) The Board of Trustees shall consist
• of-
• (a) a chairperson, who shall be appointed by the President:
• (b) the Principal Secretary responsible for matters relating to finance or his representative;
• (c) the Principal Secretary responsible for matters relating to Water or his representative;
• (d) the his
• Attorney-General representative;
• (e) the Chief Executive Officer; and
• (f) six other members
• recruited in accordance with the First Schedule and appointed by the Cabinet Secretary.
• Delete and substitute therefor the following s.118(1) new subsection-
• (1) The Fund shall have a Chief Executive Officer who shall be appointed by the Cabinet Secretary on the recommendation of the Board of Trustees on such terms and conditions of service as may be specified in the instrument of appointment and in accordance with the guidelines made by the Salaries and
• Remuneration Commission.

Delete the expression "Bribery Act" and

substitute therefor the expression "Anti-Bribery Act"

Insert the words "public entity" immediately

after the words "public officers"

• Delete the word "who" and substitute therefor
• the words "if the person offering, promising or giving knows"

• s.7(1)(a)(v) Delete the word "and" and substitute therefor
• the word "or"
• s.7(1)(b)(i) Delete the word "and" and substitute therefor the word "or".
• Delete the marginal note and substitute
• s.10 entity".
• Delete the words "holding a position of
• s.14(1) authority".
• Delete the words "within the meaning of
• s.15(1) sections 11 and 12"

The Public s.90(1) Service Commission Act, 2017 (No. 10 of 2017).

Delete the word "three" and substitute therefor the word "six"

The Energy Act, s.2

2019)

2019 (No. 1 of Delete the definition of the term "distribution licence"

Insert the following new definition in proper

alphabetical sequence-

"distribution licence" means a document or instrument authorising a person to distribute energy in the manner described in the document or instrument, in that person's authorised area of supply for the purpose of enabling supply to premises in that area and to also receive bulk supply from another

licensee;

• following paragraph
• s.4(1) Insert the new immediately after paragraph (e)

(ea) the Principal Secretary of the Ministry for the time being responsible for matters relating to finance or his or her representative.

• s.4(1)(f)(i) Delete the word "the" and substitute therefor the word "a".

s.4(1)(f)(v) Delete.

s.10

• s.11

therefor the words "critical national"

Insert the following new section immediately

New after section 6-

National 6A. The Cabinet Secretary, in Energy consultation with the Efficiency and relevant statutory authorities and Conservation stakeholders, shall coordinate the Action Plan development and implementation of a national energy efficiency and conservation action plan.

(1)6:s Insert the word "a" immediately after the

• word "of".

Delete the words "with the exception of crude oil" appearing in paragraph (a)(ii);

Delete paragraph (i) and substitute therefor the following new paragraph-

• (i) make proposals to the Cabinet Secretary for purposes of making regulations on energy efficiency and conservation.
• Renumber the provision as subsection (1) and add the following subsections-
• (2) Notwithstanding subsection (1), the Cabinet secretary shall issue a special licence for dealing in copper, aluminium and their
• alloys.
• (3) An application for a special licence shall be made in accordance with section 10

s.12(1)(e)

Delete.

s.18(3)(a) Delete the words "one million" and substitute therefor the words "five million".

s.18(3)(b) Delete the word "five" and substitute therefor the word "ten"

Delete the phrase "half of a" appearing in

s.20(1) paragraph (a).

s.20 Delete the word "levies" appearing in the

proviso.

• s.20(4)

Delete the word "one" and substitute therefor the word "five".

s.22(2) Delete the words "one million" and substitute therefor the word "five million".

s.24

(1) Insert the words "critical national" immediately after the word "the"

Insert the following new sections immediately after section (1)-

• (1A) A state entity responsible for critical national infrastructure shall dispose scrap metal from critical national infrastructure to the Numerical Machining Complex and the Kenya Shipyard Limited for smelting into billets.
• (1B) Where there is inadequate capacity at the Numerical Machining Complex and Kenya Shipyard Limited, the respective state entity through a written consent from the Numerical Machining Complex and the Kenya Shipyard Limited, shall seek approval from the Council to partner with a local smelter directly without involving a broker.
• Delete the word "ten" and substitute therefor
• s.24(2) the word "twenty"

Delete the word "three" and substitute therefor

the word "seven".

• s.26(1) Insert the words "or import" immediately after the word "export"

s.26(2) Insert the words "or import" immediately after the word "export"

• Insert the words "in consultation with the Authority." immediately after the word

s.26(3) "Secretary"

• s.26 Insert the following new subsection

immediately after subsection (3)-

• (3A) The certificate issued under subsection (3) shall indicate the nature, quantity and consideration for scrap metal to

s.117

s.129(2)

ensure compliance with the approved limits.

s.26(4) Insert the word "of" immediately after the word "terms"

s.30(1)(a) Insert the words "critical national" immediately after the word "vandalized"

• s.30(1)(e)(ii) Insert the words "smelter, electrical rewinder, steel fabricator" immediately after the word

"miller".

Delete the words "who shall be the Secretary

s.45(1) to the Board" appearing in paragraph (d).

s.45(1)(e) Delete the word "three" and substitute therefor the word "seven"

S.45 Delete paragraph (f).

s.76(2) Insert the following new paragraph immediately after paragraph (g)-

(h) the Managing Director of Kenya Power and Lighting Company PLC or his or her representative.

s.82 Delete the word "Authority" and substitute therefor the expression "Renewable Energy Resource Advisory Committee"

5.98(1)(d) Insert the word "with" immediately after the word "compliance"

word "type".

Delete the word "one" and substitute therefor the words "one half of a".

Delete the word "three" and substitute therefor the word "four".

Delete the word "licence" and substitute

s.149(3) therefor the word "certificate".

s.154(2) Delete the word "meters" and substitute therefor the word "metres" Proviso

s.166(3)

Delete and substitute therefor the following new subsection- s.169(2)

• (3) For the avoidance of doubt, the licensee shall not be liable to any penalty under subsection (1) or to pay compensation under subsection (2) if the failure, poor quality or irregularity of electricity supply was caused by third party interference to the licensee's electricity supply lines, or by inevitable accident or force majeure, or was so slight as not to materially affect the quality or value of the supply.

Delete and substitute with the following new

s.166(4) subsection-

• (4) The Cabinet Secretary may make regulations to give effect to this section subject to the grid attaining the quality and reliability of supply and service as prescribed by the Authority

s.167(1)

Delete the expression "(1)"

s.167(1) Delete the word "electrician" appearing in paragraph (o) and substitute therefor the

words "electrical worker"

Delete and substitute therefor the following new subsection-

• (2) Any vessel that is used to convey the vandalised or stolen equipment or appliances referred to in subsection (1) shall be forfeited

to the State.

8.187 Delete the words "coordinate the development and implementation of a" and substitute therefor the words "develop and implement"

s.199(1) Insert the word "Gazette" immediately after the words "by notification in the"

s.208

Delete the words "on the recommendation of" and substitute therefor the words "in consultation with".

s.216(1)

Delete the word "Consolidated"

MEMORANDUM OF OBJECTS AND REASONS

The Statute Law (Miscellaneous Amendments) Bill, 2022 seeks to make various amendments to various statutes. It is in keeping with the practice of making minor amendments which do not merit the publication of separate Bills into one Bill.

The Bill contains proposed amendments to the following statutes-

The Judicature Act (Cap. 8)

The Bill proposes to amend the Judicature Act to increase the number of judges of the Court of Appeal from thirty to seventy.

Appellate Jurisdiction Act (Cap. 9)

The Bill proposes to amend the Appellate Jurisdiction Act to harmonise the provisions of the Act with the provisions of Article 157(2) of the Constitution relating to the functions of the Director of Public Prosecutions.

The Vexatious Proceedings Act (Cap 41)

The Bill proposes to amend the Vexatious Proceedings Act to harmonise its provisions with the functions of the Director of Public Prosecutions under Article 157(2) of the Constitution.

The Penal Code (Cap. 63)

The Bill proposes to amend section 146 of the Penal Code by deleting expressions therein that may be perceived to be discriminatory towards persons with mental disabilities.

The Criminal Procedure Code (Cap. 75)

The Bill proposes to amend the Criminal Procedure Code to harmonise the terms therein with the provisions of the Constitution and the National Police Service Act, 2011. It additionally proposes to amend the Act to allow the Director of Public Prosecution to delegate his powers to specified officers and to delete offences provided for in the Sexual Offences Act, 2006.

The Extradition (Commonwealth Countries) Act (Cap. 77)

The Bill proposes to amend the Extradition (Commonwealth Countries) Act to harmonise its provisions with the functions of the Director of Public Prosecutions under Article 157(2) of the Constitution.

The Evidence Act (Cap 80)

The Bill proposes to amend the Evidence Act to expand the definition of "photograph" by allowing the presentation and admissibility of digital photographs in line with current technological advancements. It also seeks to delete expressions in the Act which may be perceived to be discriminatory towards persons with mental disabilities.

The National Flag, Emblems and Names Act (Cap. 99)

The Bill proposes to amend the National Flag, Emblems and Names Act to harmonise its provisions with the functions of the Director of Public Prosecutions under Article 157(2) of the Constitution.

The Public Holidays Act (Cap. 110)

The Bill proposes to amend the Public Holidays Act to provide that the 10th October shall be known as Huduma Day and the 26th December shall be known as Utamaduni Day.

The Official Secrets Act (Cap.187)

The Bill proposes to amend the Official Secrets Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Geneva Conventions Act (Cap.198)

The Bill proposes to amend the Geneva Conventions Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Pharmacy and Poisons Act (Cap.244)

The Bill proposes to amend the Pharmacy and Poisons Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Mental Health Act (Cap.248)

The Bill proposes to amend the Mental Health Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Land Consolidation Act (Cap.283)

The Bill proposes to amend the Land Consolidation Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Land Adjudication Act (Cap.284)

The Bill proposes to amend the Land Adjudication Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Marine Insurance Act (Cap.390)

The Bill proposes to amend the Marine Insurance Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Local Manufactures (Export Compensation) Act (Cap.482)

The Bill proposes to amend the Local Manufactures (Export Compensation) Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Capital Markets Act (Cap.485A)

The Bill proposes to amend the Capital Markets Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Architects and Quantity Surveyors Act (Cap.525)

The Bill proposes to amend the Architects and Quantity Surveyors Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Prevention of Fraud (Investments) Act, 1977 (No.1 of 1977)

The Bill proposes to amend the Prevention of Fraud (Investments) Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Higher Education Loans Board Act, 1995 (No.3 of 1995)

The Bill proposes to amend the Higher Education Loans Board Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Retirement Benefits Act, 1997 (No.3 of 1997)

The Bill proposes to amend the Retirement Benefits Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

Co-operative Societies Act, 1997 (No.12 of 1997)

The Bill proposes to amend the Co-operative Societies Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Central Depositories Act, 2000 (No.4 of 2000)

The Bill proposes to amend the Central Depositories Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Copyright Act, 2001 (No.12 of 2001)

The Bill proposes to amend the Copyright Act, 2001 to make provisions for the equitable remuneration of performers and producers of sound recordings and expand the responsibilities of collective management organisations towards the authors and performers.

It also proposes to bring collective management organisations under regulation by the Board in order to enhance their efficiency.

The Anti-Corruption and Economic Crimes Act, 2003 (No.3 of 2003)

The Bill proposes to amend the Anti-Corruption and Economic Crimes Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution. It also proposes to amend the Act to allow the Commission to seek for a court order for a State Officer under investigation or charged with corruption or economic crimes to be barred from accessing their office or exercising powers of that office where the public officer is likely to interfere with investigations in any way.

The Sexual Offences Act, 2006 (No.3 of 2006)

The Bill proposes to amend the Sexual Offences Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The National Museums and Heritage Act, 2006 (No.6 of 2006)

The Bill proposes to amend the National Museums and Heritage Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Labour Institutions Act, 2007 (No.12 of 2007)

The Bill proposes to amend the Labour Institutions Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Accountants Act, 2008 (No.15 of 2008)

The Bill seeks to amend the Accountants Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The International Crimes Act, 2008 (No.16 of 2008)

The Bill proposes to amend the International Crimes Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

Biosafety Act, 2009 (No.2 of 2009)

The Bill proposes to amend the Biosafety Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2) of the Constitution.

The Merchant Shipping Act, 2009 (No.4 of 2009)

The Bill proposes to amend the Merchant Shipping Act by deleting section 16 which restricts ship owners from providing the following forwarding agencies, port facility operator, shipping agent, terminal services in the maritime industry: crewing agencies, pilotage, clearing and operator, container freight station, quay side service provider, general ship contractor, haulage, empty container depots, ship chandler or such other services. This was on the request of the Office of the President following the declaration of the section as unconstitutional by the High Court in September, 2020 and to allow for the revival of the Kenya National Shipping Line.

The Prevention of Organised Crimes Act, 2010 (No.6 of 2010)

The Bill proposes to amend the Prevention of Organised Crimes to harmonise the provisions of the Act with the provisions of Article 157(2) of the Constitution relating to the functions of the Director of Public Prosecutions. It seeks to enhance the penalty for organized crimes and to extend the period in which an order obtained in relation to tracing of authorised officer in place of "Commissioner of Police".

The Counter-Trafficking in Persons Act, 2010 (No.8 of 2010)

The Bill proposes to amend the Counter-Trafficking in Persons Act to harmonise the provisions of the Act with the provisions of Article 157(2) of the Constitution relating to the functions of the Director of Public Prosecutions.

The Judicial Service Commission Act, 2011 (No.1 of 2011)

The Bill seeks to amend the JSC Act to require the presentation of the Annual report within six months after the end of the year to which it relates.

The Independent Electoral and Boundaries Commission Act, 2011 (No.9 of 2011)

The Bill seeks to amend the Independent Electoral and Boundaries Commission Act to require the presentation of its annual report within six months to the end of the year to which it relates.

The Salaries and Remuneration Commission Act, 2011 (No.10 of 2011)

The Bill seeks to amend the Salaries and Remuneration Commission Act to require the presentation of its annual report within six months to the end of the year to which it relates.

The Kenya National Commission on Human Rights Act, 2011 (No.14 of 2011)

The Bill seeks to amend the Kenya National Commission on Human Rights Act to require the presentation of its annual report within six months to the end of the year to which it relates.

The National Gender and Equality Commission Act, 2011 (No.15 of 2011)

The Bill seeks to amend the National Gender and Equality Commission Act to require the presentation of its annual report within six months to the end of the year to which it relates.

The Commission on Revenue Allocation Act, 2011 (No.16 of 2011)

The Bill seeks to amend the Commission on Revenue Allocation Act to require the presentation of its annual report within six months to the end of the year to which it relates.

The Ethics and Anti-Corruption Commission Act, 2011 (No.22 of 2011)

The Bill seeks to amend the Ethics and Anti-Corruption Commission Act to require the presentation of its annual report within six months to the end of the year to which it relates.

The Tourism Act, 2011 (No.28 of 2011)

The Bill proposes to amend the Tourism Act to harmonise the provisions of the Act with the provisions of Article 157(2) of the Constitution relating to the functions of the Director of Public Prosecutions.

The National Police Service Commission Act, 2011 (No.30 of 2011)

The Bill seeks to amend the National Police Service Commission Act to extend the period of its annual report to six months after the expiry of the year to which it relates.

The National Land Commission Act, 2012 (No.5 of 2012)

The Bill seeks to amend the National Land Commission Act to require the presentation of its annual report within six months to the end of the year to which it relates.

Leadership and Integrity Act, 2012 (No.19 of 2012)

The Bill proposes to amend the Leadership and Integrity Act to allow the Ethics and Anti-Corruption Commission to verify the suitability of candidates intending to apply to be appointed to a public entity and to make recommendation to the recruiting entity on the integrity suitability of the candidates. It additionally proposes to allow the High Court on application by any person, to declare the assumption of office by a state officer to be invalid for want of executing a commitment to the specific Leadership and Integrity Code.

The Teachers Service Commission Act, 2012 (No.20 of 2012)

The Bill proposes to amend the Teacher Service Commission Act to require the presentation of its annual report to be done within six months after the expiry of the year to which it relates.

The National Transport and Safety Authority Act, 2012 (No.33 of 2012)

The Bill proposes to amend the National Transport and Safety Authority Act to provide for a appointment of the Director-General for a renewable period of five years instead of three.

Kenya Law Reform Commission Act, 2013 (No.35 of 2013)

The Bill proposes to amend the Kenya Law Reform Commission Act to clarify the provisions on the attendance of ex-officio members at meetings of the Commission.

The Scrap Metal Act, 2015 (No.1 of 2015)

The Bill proposes to amend the Scrap Metal Act to provide for a special licence for dealing in copper, aluminium and their alloys. This is intended to protect critical infrastructure for instance transformers. The infrastructure to two national entities namely the Numerical Machining Complex and the Kenya Shipyard Limited.

The Ministry of Industrialization, Trade and Enterprise Development has also proposed the regulation of imports in addition to exports as well as the enhancement of several penalties in the Act to deter vandalism and other prohibited acts.

The Excise Duty Act, 2015 (No.23 of 2015)

The Bill proposes to amend the First Schedule to the Excise Duty Act to correct a mistake in a tariff number.

The Controller of Budget Act, 2016 (No.26 of 2016)

The Bill proposes to amend the Controller of Budget Act to require the presentation of the annual report within six months after the expiry of the year to which it relates.

The Water Act, 2016 (No.43 of 2016)

The Bill proposes to amend the Water Act to include the Attorney-General as a member of the Water Resources Management Board. It also proposes to amend the Act to require the appointments of chief executive officers under the Act to be in line with the Guidelines made by the Salaries and Remuneration Commission. It also proposes to amend the Act to allow designation of representatives to sit in the boards in place of designated officer holders.

Additionally, it proposes to amend the Act to introduce new members to the Water Works Development Agencies, the Water Services Regulatory Board and the Board of Trustees.

The Bribery Act, 2016 (No.47 of 2016)

The Bill proposes to amend the Bribery Act to include both private and public entities in the scope of the application of the Act and to make other minor amendments.

The Public Service Commission Act, 2017 (No.17 of 2017)

The Bill proposes to amend the Public Service Commission Act to require the presentation of the Commissions Annual report be done within six months after the expiry of the year to which it relates.

The Energy Act, 2019 (No.1 of 2019)

The Bill proposes to amend the Energy Act, 2015 to give effect to the recommendations of the Presidential Taskforce on the Review of Power Purchase Agreements. The proposals include:

• (a) Petroleum Regulatory Authority and the Ministry of Energy;
• (b) including the Kenya Power and Lighting Company in the Membership of the Rural Electrification and Renewable Energy Corporation established under the Act:
• winding up the Nuclear Power and Energy Agency and transferring its functions to the Ministry and
• (c) subjecting the making of regulations to the attainment by the grid of the quality and reliability of supply and service prescribed by the Energy and Petroleum Regulatory Authority to allow for compensation of consumers for power outages when the country achieves N-1 Grid Reliability status.

KIMANI ICHUNG'WAH, Leader of Majority.

Section 7 of Cap.8 which it is intended to amend

7. Number of Judges of Appeal and the High Court

• (1) The Court of Appeal shall consist of not more than thirty judges.

Section 59 of Cap.9 which it is intended to amend

Section 4 of Cap.41 which it is intended to amend

4. Restraint of criminal proceedings

No criminal proceedings shall, except with the written consent of the Attorney-General, be instituted by a vexatious litigant in any court.

Section 146 of Cap.63 which it is intended to amend

146. Defilement of idiots or imbeciles

Any person who, knowing a person to be an idiot or imbecile, has or attempts to have unlawful carnal connection with him or her under circumstances not amounting to rape, but which prove that the offender knew at the time of the commission of the offence that the person was an idiot or imbecile, is guilty of a felony and is liable to imprisonment with hard labour for fourteen years.

Section 2 of Cap.75 which it is intended to amend

"police officer" means a police officer or an administration police officer;

"police station" means a place designated by the Inspector-General as a police station under section 40 of the National Police Service Act, 2011

"public prosecutor" means the Director of Public Prosecutions, a state counsel, a person appointed under section 85 or a person acting under the direction of the Director of Public Prosecutions;

Section 83 of Cap.75 which it is intended to amend

83. Delegation of powers by Director of Public Prosecution

The Director of Public Prosecutions may order in writing that all or any of the powers vested in him by sections 81 and 82, and by Part VIII be vested for the time being in the Solicitor-General, the Deputy Public Prosecutor, the Assistant Deputy Public Prosecutor or a state counsel, and the exercise of those powers by the Solicitor-General, the Deputy Public Prosecutor, the Assistant Deputy Public Prosecutor or a state counsel shall then operate as if they had been exercised by the Director of Public Prosecutions:

Provided that the Director of Public Prosecutions may in writing revoke an order made by him under this section.

Section 90 of Cap.75 which it is intended to amend

90. Issue of summons or warrant

(3) A summons or warrant may be issued on a Sunday.

Section 123 of Cap. 75 which it is intended to amend

123. Bail in certain cases

• (1) When a person, other than a person accused of murder, treason, robbery with violence, attempted robbery with violence and any related offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at any time while in the custody of that officer or at any stage of the proceedings before that court to give bail, that person may be admitted to bail:

Provided that the officer or court may, instead of taking bail from the person, release him on his executing a bond without sureties for his appearance as provided hereafter in this Part.

Section 131 of Cap. 75 which it is intended to amend

131. Forfeiture of recognizance

• (2) If sufficient cause is not shown and the penalty is not paid, the court may proceed to recover it by issuing a warrant for the attachment and sale of the movable property belonging to that person, or his estate if he is dead.

Section 137 of Cap. 75 which it is intended to amend

137. Rules for the framing of charges and informations

The following provisions shall apply to all charges and informations, and, notwithstanding any rule of law or practice, a charge or information shall, subject to this Code, not be open to objection in respect of its form or contents if it is framed in accordance with this Code

• (a) (i) Mode in which offences are to be charged. A count of a charge or information shall commence with a statement of the offence charged, called the statement of offence;
• (ii) the statement of offence shall describe the offence shortly in ordinary language, avoiding as far as possible the use of technical terms, and without necessarily stating all the essential elements of the offence, and if the offence charged is one created by enactment shall contain a reference to the section of the enactment creating the offence:
• (iii) after the statement of the offence, particulars of the offence shall be set out in ordinary language, in which the use of technical terms shall not be necessary: Provided that where any rule of law or any Act limits the particulars of an offence which are required to be given in a charge or information, nothing in this paragraph shall require more particulars to be given than those so required;
• (iv) the forms set out in the Second Schedule or forms conforming thereto as nearly as may be shall be used in cases to which they are applicable: and in other cases forms to the same effect or conforming thereto as nearly as may be shall be used, the statement of offence and the particulars of offence being varied according to the circumstances of each case:
• (v) where a charge or information contains more than one count, the counts shall be numbered consecutively:
• (b) (i) Provisions as to statutory offences. Where an enactment constituting an offence states the offence to be the doing of or the omission to do any act in any one of any different capacities, or with any one of different intentions, or states any part of the offence in the alternative, the acts, omissions, capacities or intentions, or other matters stated in the alternative in the enactment, may be stated in the alternative in the count charging the offence;
• (ii) it shall not be necessary, in a count charging an offence constituted by an enactment, to negative any exception or exemption from, or qualifications to, the operation of the enactment creating the offence;
• (c) (i) Description of property. The description of property in a charge or information shall be in ordinary language, and shall indicate with reasonable clearness the property referred to, and, if the property is so described, it shall not be necessary (except when required for the purpose of describing an offence of property) to name the person to whom the property belongs or the value of the property:
• (ii) where the property is vested in more than one person, and the owners of the property are referred to in a charge or information, it shall be sufficient to describe the property as owned by one of those persons by name with the others, and, if the persons owning the property are a body of persons with a collective name, such as a joint stock company or "Inhabitants" "Trustees" "Commissioners" or "Club" or other similar name, it shall be sufficient to use the collective name without naming any individual:
• (iii) property belonging to or provided for the use of a public establishment, service or department may be described as the property of the Government:
• (iv) coin, bank notes and currency notes may be described as money and an allegation as to money, so far as regards the description of the property, shall be sustained by proof of an amount of coin or of any bank or currency note (although the particular species of coin of which the amount was composed or the particular nature of the bank or currency note is not proved); and, in cases of stealing and defrauding by false pretences, by proof that the accused person dishonestly appropriated or obtained any coin or any bank or currency note, or any portion of the value thereof although the coin or bank or currency note may have been delivered to him in order that some part of the value thereof should be returned to the party delivering it or to another person and that part has been returned accordingly;
• (d) Description of persons. The description or designation in a charge or information of the accused person, or of another person to whom reference is made therein, shall be reasonably sufficient to identify him, without necessarily stating his correct name, or his abode, style, degree or occupation; and if, owing to the name of the person not being known, or for any other reason, it is impracticable to give such a description or designation, a description or designation shall be given as is reasonably practicable in the circumstances, or the person may be described as "a person unknown";
• (e) Description of document. Where it is necessary to refer to a document or instrument in a charge or information, it shall be sufficient to describe it by any name or designation by which it is usually known, or by the purport thereof, without setting out a copy thereof;
• (f) General rule as to description. Subject to any other provisions of this section, it shall be sufficient to describe a place, time, thing, matter, act or omission to which it is necessary to refer in a charge or information in ordinary language so as to indicate with reasonable clearness the place, time, thing, matter, act or omission referred to;
• (g) Statement of intent. It shall not be necessary, in stating an intent to defraud, deceive or injure, to state an intent to defraud, deceive or injure a particular person, where the enactment creating the offence does not make an intent to defraud, deceive or injure a particular person an essential ingredient of the offence;
• (h) Mode of charging previous convictions. Where a previous conviction of an offence is charged in a charge or information, it shall be charged at the end of the charge or information by means of a statement that the accused person has been previously convicted of that offence at a certain time and place without stating the particulars of the offence;
• (i) Use of figures and abbreviations. Figures and abbreviations may be used for expressing anything which is commonly expressed thereby;
• (j) Gross sum may be specified in certain cases of stealing. When a person is charged with an offence under section 280, 281, 282 or 283 of the Penal Code (Cap. 63), it shall be sufficient to specify the gross amount of property in respect of which the offence is alleged to have been committed and the dates between which the offence is alleged to have been committed without specifying particular times or exact dates.

Section 184 of Cap. 75 which it is intended to amend

184. Charge of rape

Where a person is charged with rape and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under one of the sections of the Sexual Offences Act, he may be convicted of that offence although he was not charged with it.

Section 186 of Cap. 75 which it is intended to amend

186. Charge of defilement of a girl under 14 years of age

When a person is charged with the defilement of a girl under the age of fourteen years and the court is of the opinion that he is not guilty of that offence but that he is guilty of an offence under the Sexual Offences Act, he may be convicted of that offence although he was not charged with it.

Section 7 of Cap. 77 which it is intended to amend

7. Authority to proceed

• (1) Subject to the provisions of this Act relating to provisional warrants, a fugitive shall not be dealt with in any manner under this Act except in pursuance of the written authority of the Attorney-General issued in pursuance of a request made to the Attorney-General by or on behalf of the government of the designated Commonwealth country in which such person is accused or was convicted.
• (2) There shall be furnished with any request—
• (a) in the case of a fugitive accused of an extradition offence, an overseas warrant issued in the requesting country;
• (b) in the case of a fugitive unlawfully at large after conviction of an extradition offence, a certificate of the conviction and sentence in the requesting country, and a statement of the amount (if any) of that sentence which has been served, together (in each case) with particulars of the fugitive concerned and of the facts upon which and the law under which he is accused or was convicted, and evidence sufficient to justify the issue of a warrant of arrest.
• (3) On receiving a request, the Attorney-General may issue an authority to proceed, unless it appears to him that a warrant of surrender in that case could not lawfully be made, or would not in fact be made, under this Act.

Section 8 of Cap. 77 which it is intended to amend

8. Arrest for purposes of committal

• (1) A warrant for the arrest of a fugitive may be issued by a magistrate—
• (a) on receipt of an authority to proceed: or
• (b) without an authority to proceed, upon information that the fugitive is or is believed to be in or on his way to Kenya.
• (2) A warrant of arrest may be issued upon such evidence as would, in the opinion of the magistrate, authorize the issue of a warrant for the arrest of a person accused of committing a corresponding offence or, as the case may be, of a person alleged to be unlawfully at large after conviction of an offence, in Kenya.
• (3) Where the warrant of arrest issued in respect of a fugitive is a provisional warrant—
• (a) the magistrate who issues it shall forthwith give notice to the Attorney-General, and transmit to him the information and evidence, or certified copies of the information and evidence, upon which the warrant was issued: and
• (b) the Attorney-General may in any case, and shall if he decides not to issue an authority to proceed, cancel the warrant, and discharge the fugitive from custody if he has been arrested under the warrant.
• (4) Where a warrant of arrest is issued in respect of a fugitive accused of an offence of stealing or receiving stolen property or any other offence in respect of property, a magistrate shall have the like power to issue a warrant to search for the property as if the offence had been committed in Kenya.
• (5) A warrant of arrest may be executed in any place in Kenya by any person to whom it is directed or by any police officer.

Section 9 of Cap. 77 which it is intended to amend

9. Proceedings for committal

• (1) A person arrested in pursuance of a warrant of arrest shall (unless previously discharged under subsection (3) of section 8) be brought as soon as practicable before the Court.
• (2) If a person is arrested in pursuance of this Act and brought before a magistrate who has no power to exercise jurisdiction under this Act, that magistrate shall have power to order that person to be brought before some magistrate having such jurisdiction, and to remand or admit that person to bail, and effect shall be given to any such order.
• (3) For the purposes of proceedings under this section, the court shall have the like jurisdiction and powers, as nearly as may be, as it has in a trial.
• (4) Where a fugitive arrested in pursuance of a provisional warrant is in custody and the court has not received an authority to proceed, it may fix a reasonable period (of which it shall give notice to the Attorney-General) after which it will discharge the fugitive from custody if it has not received an authority to proceed.
• (5) Where the court has received an authority to proceed in respect of a fugitive arrested, and it is satisfied, after hearing any evidence tendered in support of the request for the surrender or on behalf of the fugitive, that the offence to which the authority to proceed relates is an extradition offence, and if further satisfied—
• (a) where the fugitive is accused of the offence, that the evidence would be sufficient to warrant his trial for that offence if it had been committed in Kenya: or
• (b) where the fugitive is alleged to be unlawfully at large after conviction of the offence, that he has been so convicted and appears to be so at large, the court shall, unless his committal is prohibited by any other provision of this Act, commit him to custody to await his surrender, but if the court is not so satisfied, or if the committal is so prohibited, the court shall discharge him from custody.
• (6) Any property in the possession of a fugitive committed to custody under this section at the time of his apprehension that may be material as evidence in proving the offence for which his surrender is requested shall, if the court so directs, be delivered up with him on his surrender.

Section 10 of Cap. 77 which it is intended to amend

10. Application for habeas corpus, etc.

• (1) Where a fugitive is committed to custody under section 9, the court shall inform him of his right to make an application for habeas corpus and shall forthwith give notice of the committal to the Attorney-General.
• (2) A fugitive shall not be surrendered—
• (a) in any case, until after the end of fifteen days beginning with the day on which the order for his committal to custody was made;
• (b) if an application for habeas corpus is made in his case, so long as proceedings on that application are pending.
• (3) On an application for habeas corpus, the High Court may, without prejudice to any other jurisdiction vested in it, order the fugitive to be discharged from custody if it appears to the High Court that—
• (a) by reason of the trivial nature of the offence of which he is accused or was convicted: or
• (b) by reason of the passage of time since he is alleged to have committed the offence or to have become unlawfully at large, as the case may be: or
• (c) because the accusation against him is not made in good faith in the interests of justice, it would, having regard to all the circumstances, be unjust or oppressive to surrender him.
• (4) On an application for habeas corpus, the High Court may receive additional evidence relevant to the exercise of its jurisdiction under section 6 or under subsection (3).

Section 78 of Cap. 80 which it is intended to amend

78. Photographic evidence—admissibility of certificate.

• (1) In criminal proceedings a certificate in the form in the First Schedule to this Act, given under the hand of an officer appointed by order of the Director of Public Prosecutions for the purpose, who shall have prepared a photographic print or a photographic enlargement from exposed film submitted to him, shall be admissible, together with any photographic prints, photographic enlargements and any other annex referred to therein, and shall be evidence of all facts stated therein.

Section 125 of Cap. 80 which it is intended to amend

125. Competency generally.

• (2) A mentally disordered person or a lunatic is not incompetent to testify unless he is prevented by his condition from understanding the questions put to him and giving rational answers to them.

Section 6 of Cap. 99 which it is intended to amend

6. Sanction for prosecution.

No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction in writing of the Attorney-General.

The Schedule to Cap. 110 which it is intended to amend

Utamaduni Day......10th October

Section 10 of Cap. 187 which it is intended to amend

10. Consent to prosecution

(1) A prosecution for an offence under this Act shall not be instituted except by or with the consent of the Director of Public Prosecutions.

Section 3 of Cap. 198 which it is intended to amend

3. Grave breach of Convention

(3) A prosecution for an offence under this section shall not be instituted except by or on behalf of the Attorney-General.

Section 42 of Cap. 248 which it is intended to amend

42. Protection of persons acting under Act

(5) No criminal proceedings shall be commenced under this Act without the prior consent in writing of the Attorney-General.

Section 14 of Cap. 283 which it is intended to amend

Section 33 of Cap. 283 which it is intended to amend

33. Offences

Any person who—

(a) after receiving a summons issued under this Act, without reasonable excuse neglects or refuses to attend in pursuance of it or to produce any map, plan, instrument or other document which he is required by it to produce; or

(b) without reasonable excuse neglects or refuses to answer upon oath or otherwise, or knowingly gives an untrue answer to, a question lawfully put to him by an officer, committee or board under this Act; or

(c) without reasonable excuse neglects or refuses to demarcate his land, or to assist in the demarcation of his land, or to clear or assist in the clearing of any boundary or other line, when required to do so by a demarcation officer; or

(d) without reasonable excuse, interferes with any demarcated boundary, or defaces, removes, injures or otherwise impairs any feature of a demarcated boundary, or allows any demarcated boundary to fall into disrepair; or

(e) contravenes section 8(1) of this Act, shall be guilty of an offence and liable to a fine not exceeding three thousand shillings or to imprisonment for a term not exceeding six months, or to both such fine and such imprisonment: Provided that a prosecution for an offence under paragraph (e) of this section shall not be instituted except with the consent of the Attorney-General.

Section 91 of Cap. 390 which it is intended to amend

91. Prohibition of gambling on loss by maritime perils

(3) A person shall not be prosecuted under this section without the consent of the Attorney-General.

Section 10 of Cap. 482 which it is intended to amend

10. Proceedings

(2) Any officer, as defined in the Customs and Excise Act (Cap. 472), shall, subject to the control of the Attorney-General, have power to conduct a prosecution for an offence against this Act and for that purpose shall have all the powers of a public prosecutor appointed under the Criminal Procedure Code (Cap. 75).

Section 38 of Cap. 485A which it is intended to amend

38. Prosecution of offences

The Attorney-General may, on the request of the Authority, appoint any officer of the Authority or advocate of the High Court to be a public prosecutor for the purposes of offences under the provisions of this Act.

Section 3 of Cap. 525 which it is intended to amend

3. Restriction on use of titles

Proceedings for an offence under this section may be instituted by any person who is authorized in that behalf, whether generally or specially, by the Board in writing.

Section 27 of No. 1 of 1977 which it is intended to amend

27. General penalty and provisions as to offences

(3) No proceedings for an offence under section 7 or section 17 of this Act shall be instituted except by or with the consent of the Attorney-General:

Provided that this subsection shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such offence, or the remanding, in custody or on bail, of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings has not been obtained.

Section 27 of No. 3 of 1995 which it is intended to amend

24. Powers of inspector to prosecute

An inspector appointed under section 22 or any other person authorized by the Board in writing, may, subject to the general or special directions of the Attorney-General, prosecute in any court for all offences under this Act and for that purpose have all the powers conferred on a public prosecutor by the Criminal Procedure Code (Cap. 75).

Section 54 of No. 3 of 1997 which it is intended to amend

54A. Conduct of prosecutions

(1) The Attorney-General may, pursuant to the provisions of the Criminal Procedure Code (Cap. 75), appoint public prosecutors for the purposes of cases arising under this Act.

Section 94 of No. 12 of 1997 which it is intended to amend

94. Offences

(3) The Attorney-General may, pursuant to the provisions of the Criminal Procedure Code (Cap. 75), appoint public prosecutors for cases arising under the provisions of this Act.

Section 63 of No. 4 of 2000 which it is intended to amend

63. Prosecution

The Attorney-General may on the request of the Authority appoint any officer of the Authority or advocate of the High Court to be a prosecutor in respect of any offence under this Act.

Section 2 of No. 12 of 2001 which it is intended to amend

collective management organisation means an organisation approved and authorized by the Board which has as its main object, or one of its main objects, the negotiating for the collection and distribution of royalties and the granting of licenses in respect of the use of copyright works or related rights;

Section 30B of No. 12 of 2001 which it is intended to amend

30B. Collection and payment of royalty

(1) Subject to the provisions of sections 28 and 30 of this Act, the Kenya Revenue Authority or any other designated entity by the Board shall collect royalties on behalf of collective management organizations licensed to represent performers and owners of sound recordings.

(2) All claims for compensation under this section shall be made through the collective management organizations representative of collective management organization representative of performers and producers of sound recordings and the organization representative of manufacturers and importers of audio recording equipment, audio blank Board.

(4) The Board shall determine and, by notice in the Gazette, publish the share of the private copying remuneration applicable to the respective rightsholders.

Section 46 of No. 12 of 2001 which it is intended to amend

46. Collective administration of Copyright

(1) No person or association of persons shall commence or carry on the business of a copyright collective management organisation except under or in accordance with a certificate of registration granted under this section.

(2) Applications for registration as collective management organisations shall be made to the Board accompanied with the prescribed fees and the Board, by a Gazette notice is empowered to declare a body which has applied for registration a collecting society, for all relevant copyright owners or for such classes of relevant copyright owners as are specified in the notice.

(3) Every certificate issued to a collective management organisation shall be in the prescribed form and shall unless cancelled be valid for a period of twelve months from the date of issue.

(3A) Where the collective management organization has not submitted a complete application or where administrative shortfalls are apparent, the Board may issue a provisional license for a period not exceeding six months and such provisional license shall be counted as part of the complete license if the license is subsequently issued.

(4) The Board may approve a collective management organisation if it is satisfied that—

(a) the body is a company limited by guarantee and incorporated under the Companies Act, 2015;

(b) it is a non-profit making entity;

(c) its rules and regulations contain such other provisions as are prescribed, being provisions necessary to ensure that the interests of members of the collecting society are adequately protected;

(d) its principal objectives are the collection and distribution of royalties; and

(e) auditor selected by the society.

(5) The Board shall not approve another collective management organisation in respect of the same class of rights and category of works if there exists another collective management organisation that has been licensed and functions to the satisfaction of its members.

(6) The Board may, where it finds it expedient, assist in establishing a collective management organisation for any class of copyright owners.

(7) Deleted by Act No. 20 of 2019, s. 30.

(8) Deleted by Act No. 20 of 2019, s. 30.

(9) The Board may by notice in the Gazette and two daily newspapers of national circulation de-register a collective management organisation if it is satisfied that the collective management organisation—

(a) is not functioning adequately as collective management organisation;

(b) is not acting in accordance with its Memorandum and Articles of Association or in the best interests of its members;

(c) has altered its rules so that it no longer complies with subsection (4) of this section; and

(d) it has refused or failed to comply with any of the provisions of this Act.

(10) Before deregistering a collective management organization, the Board shall notify the organization in writing and invite it and any of its members to make written representations against deregistration within twenty one days from the date of the notice.

(11) If, after consideration of any written representations made in terms of subsection (10), the Board is of the opinion that the failure in question on the part of the organisation is materially prejudicing or has registration thereof or otherwise sanction members of the Board of Directors or Management of the organization as set out under this Act.

(12) Any person who purports to collect royalties from users as provided for under this section without authority of the Board commits an offence and shall be liable to a fine not exceeding five hundred thousand shillings, or to imprisonment to a term not exceeding four years, or both.

Section 46A of No. 12 of 2001 which it is intended to amend

46A. Approval for imposition and collection of levy

Notwithstanding any other provision of this Act, no collecting society shall—

(a) impose or collect royalty based on a tariff that has not been approved and published in the Gazette by the Cabinet Secretary in charge of copyright issues in the Gazette from time to time; or

(b) levy royalty on users exempted by the Cabinet Secretary by notice in the Gazette.

Section 46B of No. 12 of 2001 which it is intended to amend

46B. Qualification and tenure of Directors and Chairpersons of collective management organizations

(1) A member of a collective management organization shall be eligible for election as a director if he holds a postsecondary qualification recognized in Kenya.

(2) A director elected under this section shall serve for a term of three years and shall be eligible for re-election for one further term.

(3) A director elected as a chairperson of a collective management organization shall hold office for a term of three years and shall be eligible for re-election for one further term.

(4) A chief executive officer of a collective management organization shall hold office for a term of four years and shall be eligible for evaluated by the directors.

Section 46C of No. 12 of 2001 which it is intended to amend

46C. Role and types of collective management organizations

(1) Authors, producers, performers, visual artists and publishers may form a collective management organization to collect, manage and distribute royalties and other remuneration accruing to their members.

(2) Any new collective management organization to deal with rights not provided for under subsection (1) may be approved by the Kenya Copyright Board as may be necessary.

(3) The designated extent of operation shall be set by Regulations made under this Act.

Section 25A of No. 3 of 2003 which it is intended to amend

25A. Cessation of investigations

(1) The Commission may, in consultation with the Minister and the Attorney-General, tender an undertaking in a form prescribed by the Minister, not to institute or continue with investigations against any person suspected of an offence under this Act.

Section 37 of No. 3 of 2003 which it is intended to amend

Section 62 of No. 3 of 2003 which it is intended to amend

(5) The following shall apply with respect to a charge in proceedings instituted otherwise than by or under the direction of the Attorney-General—

(a) this section does not apply to the charge unless permission is given by the court or the Attorney-General to prosecute or the proceedings are taken over by the Attorney-General; and

(b) if permission is given or the proceedings are taken over, the date of the charge shall be deemed, for the purposes of this section, to be the date when the permission is given or the proceedings are taken over.

(6) This section does not apply with respect to an office if the Constitution limits or provides for the grounds upon which a holder of the office may be removed or the circumstances in which the office must be vacated.

s. 40 of No. 3 of 2006 which it is intended to amend

40. Attorney-General to decide whether police investigations should be discontinued

The decision as to whether the prosecution or investigation by any police officer of a complaint that a sexual offence has been committed should be discontinued shall rest with the Attorney General.

Section 57 of No. 6 of 2006 which it is intended to amend

57. Heritage wardens

(2) A heritage warden appointed under subsection (1) may, with leave of the Attorney-General be appointed prosecutor for purposes of prosecuting offences committed under this Act.

Section 35 of No. 12 of 2007 which it is intended to amend

35. Powers of labour officer

(1) A labour officer may, for the purpose of monitoring or enforcing compliance with any labour law—

(k) without prejudice to the powers of the Attorney-General, institute proceedings in respect of any contravention of any provision of this Act or for any offence committed by an employer under this Act or any other labour law;

Section 43 of No. 15 of 2008 which it is intended to amend

43. Conduct of prosecutions

The Attorney-General may, pursuant to the provisions of the Criminal Procedure Code (Cap. 75), appoint public prosecutors for purposes of this Act.

Section 5 of No. 16 of 2008 which it is intended to amend

5. Obligations imposed by Rome Statute or ICC Rules

For the purposes of any provision of the Rome Statute or the ICC Rules that confers or imposes a power, duty or function on a State, that power, duty or function may be exercised or carried out on behalf of the Government of Kenya by the Attorney-General, if this Act makes no other provision in that behalf.

Section 19 of No. 16 of 2008 which it is intended to amend

(2) In addition to the grounds of refusal or postponement specified in Parts IV and V, a request for surrender or other assistance that relates to an offence involving the administration of justice may be refused if, in the opinion of the Minister or the Attorney-General, as the case may be, there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested.

(3) Where, pursuant to subsection (2), the Minister or the Attorney-General is of the opinion that there are exceptional circumstances that would make it unjust or oppressive to surrender the person or give the assistance requested, the Minister or the Attorney-General, as the case may be, shall give the reasons underlying his opinion.

21. Requests to be made through authorised channel

(1) A request for assistance shall be made through an authorised channel and—

(b) in any other case, be transmitted to the Attorney-General or a person authorised by the Attorney-General to receive requests.

(2) In this section, "authorised channel" means—

(a) the diplomatic channel to the Minister responsible for foreign affairs; or

(b) any other appropriate channel that Kenya may designate at the time it ratifies the Rome Statute or at any subsequent time in accordance with the ICC Rules.

Section 23 of No. 16 of 2008 which it is intended to amend

(2) If the request for assistance specifies that it should be executed in a particular manner that is not prohibited by Kenyan law or by using a particular procedure that is not prohibited by Kenyan law, the Attorney-General or the Minister, as the case may be, shall use his best endeavours to ensure that the request is executed in that manner or using that procedure, as the case may require.

**Section 24 of No. 16 of 2008 which it is intended to amend**

24. Consultation

(1) The Attorney-General or the Minister, as the case may be, shall consult with the ICC without delay if— (a) a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriate information or the appropriate documents specified in articles 87, 91, 92, 93, or 96 of the Rome Statute; (b) the ICC has not provided sufficient information for a request for assistance to be executed; (c) in the case of a request for surrender— (i) the person sought cannot be located in Kenya; or (ii) it appears that the person in Kenya is clearly not the person named in the warrant or judgment, as the case may be; (d) execution of a request for assistance in its current form would require the breach of an existing treaty obligation to another State; or (e) for any other reason there are or may be difficulties with the execution of a request for assistance received from the ICC.

(2) Before refusing any request for assistance, the Attorney-General or the Minister, as the case may be, shall consult with the ICC to ascertain whether the assistance sought could be provided— (a) subject to conditions; or (b) at a later date or in an alternative manner.

(3) Without limiting the types of conditions under which assistance may be provided, the Attorney-General may agree to the transmission of documents or information to the Prosecutor on a confidential basis, on the condition that the Prosecutor will use them solely for the purpose of generating new evidence.

(4) If the Attorney-General transmits documents or information subject to the condition specified in subsection (3), the Attorney-General may subsequently consent to the disclosure of such documents or information for use as evidence under the provisions of Parts 5 and 6 of the Rome Statute and in accordance with the ICC Rules.

**Section 25 of No. 16 of 2008 which it is intended to amend**

(3) In this section, "Kenyan authorities" means— (a) the Attorney-General;

**Section 26 of No. 16 of 2008 which it is intended to amend**

26. Response to be sent to ICC

(1) The Attorney-General or the Minister, as the case may be, shall notify the ICC, without delay, of his response to a request for assistance and of the outcome of any action that has been taken in relation to it.

(2) If the Attorney-General or the Minister decides, in accordance with the Rome Statute and this Act, to refuse or postpone the assistance requested, in whole or in part, the notice to the ICC shall set out the reasons for the decision.

**Section 76 of No. 16 of 2008 which it is intended to amend**

76. Assistance in locating or identifying persons or things

(1) Where the ICC requests assistance under paragraph 8 of article 19, article 56, article 64 or paragraph 1(a) of article 93 of the Rome Statute in locating, or identifying and locating, a person or a thing believed to be in Kenya, the Attorney-General shall give authority for the request to proceed if he is satisfied that— (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and (b) the person to whom or thing to which the request relates is or may be in Kenya.

(2) If the Attorney-General gives authority for the request to proceed— (a) the Attorney-General shall forward the request to the appropriate Kenyan agency; and (b) that agency shall, without delay— (i) use its best endeavours to locate or, as the case may be, identify and locate the person to whom or thing to which the request relates; and (ii) advise the Attorney-General of the outcome of those endeavours.

**Section 77 of No. 16 of 2008 which it is intended to amend**

(2) The Attorney-General shall give authority for the request to proceed if— (a) the request relates to an investigation being conducted by the Prosecutor or to any proceedings before the ICC; and (b) there are reasonable grounds for believing that the evidence can be taken or, as the case may be, the documents or other articles can be produced in Kenya.

**Section 78 of No. 16 of 2008 which it is intended to amend**

78. Taking evidence

(1) If the Attorney-General gives authority for a request relating to the taking of evidence to proceed, the statement of each witness shall be taken in writing on the oath or affirmation of that witness by a Judge of the High Court.

(2) The Judge who takes evidence under subsection (1) shall— (a) certify that the evidence was taken by the Judge; and (b) ensure that the evidence, as certified, is sent to the Attorney-General.

**Section 79 of No. 16 of 2008 which it is intended to amend**

79. Producing documents or other articles

(1) If the Attorney-General gives authority for a request relating to the production of documents or other articles to proceed, a Judge of the High Court may make an order requiring their production.

(2) If the documents or other articles are produced, the Judge shall send them to the Attorney-General together with a written statement certifying that they were produced to the Judge.

(3) Notwithstanding subsection (2), in the case of documents that are produced, the Judge may send to the Attorney-General copies of the documents certified by the Judge to be true copies instead of the originals.

**Section 84 of No. 16 of 2008 which it is intended to amend**

84. Assistance in questioning persons

(1) Where the ICC requests assistance under paragraph 8 of article 19, article 56, article 64 or paragraph 1(c) of article 93 of the Rome Statute in questioning a person who is being investigated or prosecuted, the Attorney-General may give authority for the request to proceed if he is satisfied that— (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and (b) the person is or may be in Kenya.

(2) If the Attorney-General gives authority to proceed— (a) he shall forward the request to the appropriate Kenyan agency; and (b) that agency shall, without delay— (i) use its best endeavours to undertake the questioning that the ICC has requested; (ii) ensure that the answers to the questions put are recorded in writing and make any other report on the questioning as it considers to be appropriate in the circumstances; and (iii) advise the Attorney-General of the outcome of those endeavours and, if relevant, deliver to him the record and any report of the questioning.

**Section 85 of No. 16 of 2008 which it is intended to amend**

(4) If the person seeks to have legal assistance assigned under subsection (2)(e)(i), the Attorney-General shall cause such assistance to be provided.

**Section 86 of No. 16 of 2008 which it is intended to amend**

86. Assistance in arranging service of documents

(1) Where the ICC requests assistance under paragraph 8 of article 19, article 56, paragraph 7 of article 58, article 64 or paragraph 1(d) of article 93 of the Rome Statute in arranging for the service of a document in Kenya, the Attorney-General shall give authority for the request to proceed if he is satisfied that— (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and (b) the person or body to be served is or may be in Kenya.

(2) If the Attorney-General gives authority for the request to proceed, he shall forward the request for service to the appropriate Kenyan agency, and that agency shall, without delay— (a) use its best endeavours to have the process served— (i) in accordance with any procedure specified in the request; or (ii) if no procedure is specified, in accordance with the law of Kenya; and (b) transmit to the Attorney-General— (i) a certificate as to service, if the document is served; or (ii) a statement of the reasons that prevented service, if the document is not served.

(3) In this section, "document" includes— (a) a summons requiring a person to appear as a witness; and (b) a summons to an accused that has been issued under paragraph 7 of article 58 of the Rome Statute.

**Section 87 of No. 16 of 2008 which it is intended to amend**

87. Request for voluntary appearance of witness

(1) Where the ICC requests assistance under paragraph 8 of article 19, article 56, paragraph 7 of article 58, article 64 or paragraph 1(e) of article 93 of the Rome Statute in facilitating the voluntary appearance of a witness before the ICC, the Attorney-General may give authority for the request to proceed if he is satisfied that— (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and (b) the witness's attendance is sought so that the witness can give evidence or information relating to the investigation or proceedings; and (c) the witness is or may be in Kenya.

**Section 88 of No. 16 of 2008 which it is intended to amend**

88. Consent required and assurances may be sought

(1) If the Attorney-General gives authority for the request to facilitate the voluntary appearance of a witness to proceed, he shall forward the request to the appropriate Kenyan agency.

(2) The Kenyan agency to which a request is forwarded under subsection (1) shall make such inquiries as may be necessary to ascertain if the prospective witness consents to giving evidence or assisting the ICC.

(3) The Attorney-General may, at any time, ask the ICC to give one or more of the following assurances— (a) that the witness will not be prosecuted, detained, or subjected to any restriction of personal freedom by the ICC in respect of all or any specified acts or omissions that occurred before the person's departure from Kenya; (b) that the witness will be returned to Kenya as soon as practicable; (c) an assurance relating to such other matters as the Attorney-General thinks appropriate.

**Section 89 of No. 16 of 2008 which it is intended to amend**

89. Attorney-General may facilitate appearance

(1) The Attorney-General shall assist in the making of arrangements to facilitate a witness's attendance before the ICC if he is satisfied that— (a) the prospective witness has consented to giving the evidence or assistance requested; and (b) the ICC has given adequate assurances where appropriate.

(2) The Attorney-General shall— (a) approve and arrange the travel of the witness to the ICC; (b) obtain such approvals, authorities, and permissions as are required for that purpose, including, in the case of a person who although not liable to be detained in a prison is subject to a sentence— (i) the variation, discharge, or suspension of the conditions of the person's release from prison; or (ii) the variation or suspension of the person's sentence, or of the conditions of the person's sentence; and

**Section 90 of No. 16 of 2008 which it is intended to amend**

90. Request for temporary transfer of prisoner

Where the ICC requests assistance under paragraph 1(f) of article 93 of the Rome Statute in facilitating the temporary transfer to the ICC of a Kenyan prisoner, the Attorney-General shall give authority for the request to proceed if he is satisfied that— (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and (b) the prisoner's attendance is sought for the purposes of identification or for obtaining evidence or other assistance.

**Section 91 of No. 16 of 2008 which it is intended to amend**

91. Consent required and assurances may be sought

(1) If the Attorney-General gives authority for the request to facilitate the temporary transfer of a Kenyan prisoner to proceed, he shall forward the request to the appropriate Kenyan agency.

(2) The Kenyan agency to which a request is forwarded under subsection (1) shall make such inquiries as may be necessary to ascertain if the prisoner will consent to the transfer.

(3) The Attorney-General may ask the ICC to give one or more of the following assurances— (a) that the prisoner will not be released from custody without the prior approval of the Attorney-General; (b) that the prisoner will be returned to Kenya without delay; (c) assurances relating to such other matters as he thinks appropriate.

**Section 92 of No. 16 of 2008 which it is intended to amend**

92. Attorney-General may arrange for transfer

(1) The Attorney-General may authorise the temporary transfer of a Kenyan prisoner to the ICC if he is satisfied that— (a) the prisoner has consented to giving the evidence or assistance requested; and (b) the ICC has given adequate assurances where appropriate.

(2) If the Attorney-General authorises the temporary transfer of the prisoner to the ICC, he may— (a) direct that the prisoner be released from the prison in which that person is detained, for the purpose of the transfer to the ICC; and (b) make arrangements for the prisoner to travel to the ICC in the custody of— (i) a member of the police force; (ii) a prison officer; or (iii) a person authorised for the purpose by the ICC.

(3) A direction given by the Attorney-General under subsection (2) in respect of a prisoner is sufficient authority for the release of the prisoner from the prison in which the prisoner is detained, for the purposes of the direction.

(4) Every person released under a direction given under subsection (2) is to be treated, for the purposes of sections 122, 123 and 124 of the Penal Code (Cap. 63), (which relate to rescue or escape from lawful custody), as continuing to be in lawful custody while in Kenya during the period of that release.

**Section 93 of No. 16 of 2008 which it is intended to amend**

(2) If a prisoner who is serving a sentence for a Kenyan offence is transferred to the ICC under section 92— (a) the prisoner is to be treated, while in custody outside Kenya in connection with the request, as being in custody for the purposes of the Kenyan sentence, which shall continue to run; and (b) the Attorney-General— (i) may at any time notify the ICC that the prisoner is no longer required to be kept in custody; and (ii) shall notify the ICC if the prisoner is no longer liable to be detained in a Kenyan prison.

**Section 94 of No. 16 of 2008 which it is intended to amend**

94. Request for information about time spent in custody overseas

(1) If a prisoner who is charged with or convicted of an offence against the law of Kenya (in this section referred to as "the Kenyan offence") is transferred to the ICC under section 92 before sentence is imposed for the Kenyan offence, the Attorney-General may— (a) advise the ICC of the date on which the prisoner was sentenced for the Kenyan offence; and (b) request the ICC to provide a certificate recording the total period during which the prisoner was detained outside Kenya in connection with the request until sentence was imposed for the Kenyan offence.

(2) A certificate obtained under subsection (1) shall be presumed to be accurate in the absence of any evidence to the contrary.

(3) The Attorney-General may issue a certificate setting out the date and period specified in subsection (1) if— (a) the ICC does not provide a certificate within a reasonable time after the Attorney-General makes a request under subsection (1); and (b) the Attorney-General is satisfied on such information that he has that an accurate calculation can be made of the period referred to in paragraph (b) of subsection (1).

**Section 95 of No. 16 of 2008 which it is intended to amend**

95. Assistance in examining places or sites

• (1) Where the ICC requests assistance under paragraph 8 of article 19, article 56, article 64 or paragraph 1(g) of article 93 of the Rome Statute in examining places or sites in Kenya, the Attorney-General shall give authority for the request to proceed if he is satisfied that the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC.
• (2) If the Attorney-General gives authority for the request to proceed—
• (a) he shall forward the request to the appropriate Kenyan agency; and
• (b) that agency shall, without delay—
• (i) use its best endeavours to undertake the examination of the place or site in the manner that the ICC has requested;
• (ii) make such report on the examination as it considers to be appropriate in the circumstances; and
• (iii) deliver the report of the examination to the Attorney-General.
• (3) This section does not confer on any person a power to enter a place or site.

Section 96 of No. 16 of 2008 which it is intended to amend

96. Request for search and seizure

• (1) Where the ICC makes a request under paragraph 8 of article 19, article 56, article 64 or paragraph 1(h) of article 93 of the Rome Statute for search and seizure, the Attorney-General shall give authority for the request to proceed if he is satisfied that—
• (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and
• (b) any thing relevant to the investigation or proceedings is or may be located in Kenya.
• (2) If the Attorney-General gives authority for the request to proceed, he may authorise a member of the police force, in writing, to apply to a Judge of the High Court for a search warrant under section 97.

Section 102 of No. 16 of 2008 which it is intended to amend

• (3) If the warrant is not able to be executed, a report explaining the reasons for this shall be sent to the Attorney-General without delay.

Section 103 of No. 16 of 2008 which it is intended to amend

103. Disposal of things seized

• (1) If a member of the police force seizes a thing under a warrant issued under section 97, it shall be delivered into the custody and control of—
• (a) the Commissioner of Police; or
• (b) a commissioned officer of police designated by the Commissioner to receive things seized under this Act.
• (2) The Commissioner of Police or designated officer shall—
• (a) inform the Attorney-General, without delay, that the thing has been so delivered;
• (b) retain the thing for a period not exceeding three months from the day on which the thing was seized, pending the Attorney-General's direction under subsection (3) about how to deal with it; and
• (c) comply with any direction that the Attorney-General gives him.
• (3) The Attorney-General may, by written notice, give the Commissioner of Police or the designated officer a direction—
• (a) requiring the Commissioner or designated officer to send the thing to the ICC; or
• (b) requiring the Commissioner or designated officer to deal with it in some other way.
• (4) The Attorney-General shall direct the Commissioner of Police or the designated officer to return the thing seized to the person from whose possession it was seized as soon as practicable, if—
• (a) the ICC advises that the thing is not required for the Prosecutor's investigation or its proceedings; or
• (b) no other direction is given by the Attorney-General before the expiry of three months from the day on which the thing was seized.
• (5) Notwithstanding subsection (4), the Attorney-General may refuse to return the thing to the person from whom it was seized if—
• (a) the thing is the subject of a dispute as to who is entitled to it;
• (b) the thing is required for the investigation of an offence within the jurisdiction of Kenya; or
• (c) possession of the thing by the person would be unlawful in Kenya.

Section 104 of No. 16 of 2008 which it is intended to amend

104. Facilitating provision of records and documents

• (1) Where the ICC makes a request under paragraph 1(i) of article 93 of the Rome Statute for the provision of records and documents, including official records and documents, the Attorney-General shall give authority for the request to proceed if he is satisfied that—
• (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and
• (b) the document or record sought is or may be in Kenya.
• (2) If the Attorney-General gives authority for the request to proceed—
• (a) he shall forward the request to the appropriate Kenyan agency; and
• (b) that agency shall, without delay—
• (i) use its best endeavours to locate and make available the document or record sought;
• (ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
• (iii) deliver the document or record, if located, to the Attorney-General.
• (3) This section does not confer on any person power to require the production of a document or record.

Section 105 of No. 16 of 2008 which it is intended to amend

105. Protecting victims and witnesses and preserving evidence

• (1) This section shall apply if the ICC requests—
• (a) assistance under paragraph 1(j) of article 93 of the Rome Statute in protecting victims and witnesses or preserving evidence; or
• (b) assistance under paragraph 8 of article 19, or paragraphs 2 or 3 of article 56, in preserving evidence.
• (2) The Attorney-General shall give authority for the request to proceed if he is satisfied that—
• (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and
• (b) the assistance sought is not prohibited by Kenyan law.
• (3) If the Attorney-General gives authority for the request to proceed—
• (a) he shall—
• (i) take such steps as he thinks appropriate in the particular case; and
• (ii) forward the request to the appropriate Kenyan agency; and
• (b) that agency shall, without delay—
• (i) use its best endeavours to give effect to the request;
• (ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
• (iii) deliver the report to the Attorney-General.

Section 106 of No. 16 of 2008 which it is intended to amend

106. Request relating to property associated with crime

Where the ICC requests assistance under paragraph 1(k) of article 93 of the Rome Statute in identifying, tracing and freezing, or seizing, any property for the purpose of eventual forfeiture, the Attorney-General shall give authority for the request to proceed if he is satisfied that—

• (a) the request relates to an international crime that is being investigated by the Prosecutor, or which is the subject of proceedings before the ICC; and
• (b) the property concerned is or may be located in Kenya.

Section 107 of No. 16 of 2008 which it is intended to amend

107. Attorney-General may authorise measures

If the Attorney-General gives authority for the request for assistance in identifying, tracing and freezing, or seizing, property to proceed, he may authorise the appropriate Kenyan authority to apply for one or more of the following orders or warrants—

• (a) a search warrant in respect of property under Part B of the Second Schedule;
• (b) a restraining order under Part C of the Second Schedule;
• (c) a production order under Part D of the Second Schedule;
• (d) a monitoring order under Part E of the Second Schedule.

Section 108 of No. 16 of 2008 which it is intended to amend

108. Request for other types of assistance

• (1) Where the ICC requests any other type of assistance under paragraph 1(l) of article 93 of the Rome Statute for the purposes of facilitating the investigation and prosecution of crimes within the jurisdiction of the ICC, the Attorney-General shall give authority for the request to proceed if he is satisfied that—
• (a) the request relates to an investigation being conducted by the Prosecutor or any proceedings before the ICC; and
• (b) the assistance sought is in accordance with Kenyan law.
• (2) If the Attorney-General gives authority for the request to proceed—
• (a) he shall—
• (i) take such steps as the Attorney-General thinks appropriate in the particular case; and
• (ii) forward the request to the appropriate Kenyan agency; and
• (b) that agency shall, without delay—
• (i) use its best endeavours to give effect to the request;
• (ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
• (iii) deliver the report to the Attorney-General.
• (3) If the Attorney-General considers that the assistance sought cannot lawfully be provided, he shall, before refusing the request, and in accordance with paragraph 5 of article 93 of the Rome Statute—
• (a) consult with the ICC; and
• (b) consider whether the assistance can be provided subject to conditions or whether it can be provided at a later date or in an alternative manner.

Section 109 of No. 16 of 2008 which it is intended to amend

109. Refusal of assistance

[Rev. 2009]

• (1) The Attorney-General shall refuse a request by the ICC for assistance to which this Part applies if—
• (a) the ICC does not accept the conditions suggested in order to implement the request as contemplated by paragraph 5 of article 93 of the Rome Statute and section 108(3);
• (b) the ICC determines under article 18 or article 19 of the Rome Statute that the case to which the request relates is inadmissible and section 113(4) applies; or
• (c) section 115(4) applies.
• (2) The Attorney-General may refuse a request by the ICC to which this Part applies if—
• (a) Part VIII (which relates to the protection of national security or third party information) applies;
• (b) there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to the same conduct and section 59(4) (as applied by section 114) applies; or
• (c) there are competing requests from the ICC and a State that is not a party to the Rome Statute relating to different conduct and section 60(3) (as applied by section 114) applies.

Section 110 of No. 16 of 2008 which it is intended to amend

110. Postponement of execution of assistance

• (1) The Attorney-General may postpone the execution of a request for assistance under this Part if, and only if—
• (a) the execution of the request would interfere with an ongoing investigation or prosecution for a different offence and section 112 applies;
• (b) a ruling on admissibility is pending before the ICC and section 113 applies;
• (c) there are competing requests from the ICC and from another State to which Kenya is under an international obligation and section 114(2)(a) applies;
• (d) the request is for assistance under paragraph 1(l) of article 93 of the Rome Statute and is one to which section 108(3) applies; or
• (e) a request of the kind referred to in section 115(2)(c) is made to the ICC.
• (2) Even if a case is one to which subsection (1) applies, the Attorney-General may decide not to postpone the execution of the request, and in that event the request shall be dealt with in accordance with this Part.
• (3) If the Attorney-General postpones the execution of a request for assistance under this Part, the postponement may be for a reasonable time and may, if the Attorney-General considers it desirable, be extended from time to time.

Section 111 of No. 16 of 2008 which it is intended to amend

111. Procedure if execution of assistance precluded under Kenyan law

If the execution of a particular measure of assistance specified in a request to which this Part applies is prohibited in Kenya, then, notwithstanding any other provision in this Part, the Attorney-General shall—

• (a) consider whether the assistance can be provided in another manner or subject to conditions; and
• (b) promptly consult with the ICC in order to resolve the matter.

Section 112 of No. 16 of 2008 which it is intended to amend

112. Postponement where ongoing investigation or prosecution

• (1) If the immediate execution of a request by the ICC for assistance to which this Part applies would interfere with an ongoing investigation or prosecution of a case different from that to which the request relates, the Attorney-General may postpone the execution of the request for a period of time agreed between him and the ICC.
• (3) Before making a decision to postpone the execution of a request, the Attorney-General shall consider whether the assistance could be provided immediately subject to certain conditions.
• (4) If the Attorney-General decides to postpone the execution of a request and the ICC seeks assistance in the preservation of evidence under paragraph 1(i) of article 93 of the Rome Statute, he shall deal with that request in accordance with this Part.

Section 113 of No. 16 of 2008 which it is intended to amend

• (2) If the ICC has not made an order under article 18 or article 19 of the Rome Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may postpone the execution of the request until the ICC's determination on admissibility is issued.
• (3) If the ICC has made an order under article 18 or article 19 of the Rome Statute allowing the Prosecutor to collect evidence to which the request relates, the Attorney-General may not postpone the execution of a request under this section but shall deal with it under this Part.

Section 114 of No. 16 of 2008 which it is intended to amend

114. Competing requests

• (1) If the Attorney-General receives competing requests for assistance from the ICC and from another State to which Kenya is under an obligation to respond, he shall endeavour, after consultation with the ICC and the other State, to satisfy both requests.
• (2) For the purposes of subsection (1), the Attorney-General may do either or both of the following—
• (a) postpone the execution of either of the competing requests;
• (b) attach conditions to the provision of assistance under either or both of the requests.

Section 115 of No. 16 of 2008 which it is intended to amend

115. Requests involving conflict with other international obligations

• (1) If a request by the ICC for assistance to which this Part applies concerns persons who, or information or property that, are subject to the control of another State or an international organisation under an international agreement, the Attorney-General shall inform the ICC to enable it to direct its request to the other State or international organisation.

Section 116 of No. 16 of 2008 which it is intended to amend

116. Effect of authority to proceed

At any time before a formal response is sent to the ICC, the Attorney-General may decide that a request by the ICC for assistance to which this Part applies will be refused or the execution of the request postponed, on a ground specified in section 109 or 110, even if he has previously given authority for the request to proceed.

Section 118 of No. 16 of 2008 which it is intended to amend

• (2) If the Attorney-General identifies difficulties with the execution of a request to which paragraph 4(b) of article 99 of the Rome Statute relates, he shall without delay consult with the ICC in order to resolve the matter.

Section 119 of No. 16 of 2008 which it is intended to amend

119. Assistance with enforcement of orders for victim reparation

• (1) Where the ICC requests assistance under article 75 of the Rome Statute in the enforcement of an order for reparation, the Attorney-General shall give authority for the request to proceed if he is satisfied that the request relates to an order made by the ICC under that article.
• (2) If the Attorney-General gives authority for the request to proceed—
• (a) he shall forward the request to the appropriate Kenyan agency; and
• (b) that agency shall, without delay—
• (i) use its best endeavours to give effect to the request;
• (ii) make such report on its endeavours as it considers to be appropriate in the circumstances; and
• (iii) deliver the report to the Attorney-General.
• (3) For the purposes of subsection (2)(b)(i), the appropriate Kenyan agency shall, in giving effect to the request, treat the order as if it were an order made by the High Court in civil proceedings and, where the order requires the payment of money, take such steps as are necessary to enforce the order as if it were a decree for the payment of money awarded in favour of the Republic under section 178 of the Criminal Procedure Code (Cap. 75); or in a case where the order requires another remedy, take such steps as are necessary to enforce the order as if it were enforceable under the High Court Rules; and
• (c) that agency shall, without delay, make such report to the Attorney-General on the results of any action taken as it considers to be appropriate in the circumstances.
• (4) Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to an order made under article 75 of the Rome Statute.

• (1) This section shall apply if—
• (a) the ICC—
• (i) makes an order under article 75 of the Rome Statute requiring reparation; and
• (ii) requests that the order be enforced in accordance with article 109 of the Rome Statute; and
• (b) neither the conviction in respect of which the order was imposed nor the order requiring reparation is subject to further appeal.
• (2) The Attorney-General shall give authority for the request to proceed if he is satisfied that the order—
• (a) requires reparation; and
• (b) is of a kind that can be enforced in the manner provided in this section.
• (3) If the Attorney-General gives authority for the request to proceed—
• (a) he shall refer the request to the appropriate Kenyan agency; and
• (b) that agency shall, without delay—
• (i) in a case where the order requires a monetary payment, take such steps as are necessary to enforce the order as if it were a judgment of the High Court in favour of the Republic in a monetary payment;
• (ii) in a case where the order requires the restitution of assets, property or other tangible items, take such steps as are necessary to enforce the order as if it were a writ of restitution.

**Section 120 of No. 16 of 2008 which it is intended to amend**

120. Enforcement of fines

• (1) This section shall apply if—
• (a) the ICC—
• (i) orders payment of a fine under paragraph 2(a) of article 77 of the Rome Statute; and
• (ii) requests that the order be enforced in accordance with article 109 of the Rome Statute; and
• (b) neither the conviction in respect of which the order was imposed nor the order for payment of a fine is subject to further appeal.
• (2) The Attorney-General shall give authority for the request to proceed if he is satisfied that the order—
• (a) involves a monetary penalty; and
• (b) is of a kind that can be enforced in the manner provided in this section.
• (3) If the Attorney-General gives authority for the request to proceed—
• (a) he shall refer the request to the appropriate Kenyan agency; and
• (b) that agency shall, without delay—
• (i) take such steps as are necessary to enforce the order as if it were a fine imposed on conviction under the Penal Code (Cap. 63); and
• (ii) make such report to the Attorney-General on the results of the enforcement as the Attorney-General may require in the circumstances.
• (4) Upon recovery the fine shall be disposed of in such manner as the ICC order may specify.
• (5) Nothing in this section limits or affects the provision of other types of assistance to the ICC in relation to a penalty imposed under article 77 of the Rome Statute.

**Section 121 of No. 16 of 2008 which it is intended to amend**

121. Request for forfeiture of property

Where—

• (a) the ICC makes an order under paragraph 2(b) of article 77 of the Rome Statute for the forfeiture of any property and requests assistance under paragraph 1 of article 109 of the Rome Statute to enforce the forfeiture order, and
• (b) neither the conviction in respect of which the order was imposed nor the forfeiture order is subject to further appeal,

the Attorney-General may act on the request if he is satisfied that the order is of a kind that can be enforced in the manner provided in sections 122 to 126.

**Section 122 of No. 16 of 2008 which it is intended to amend**

122. Application for registration of forfeiture order

• (1) The Attorney-General may apply to the High Court for the registration of a forfeiture order or an amendment to such an order.
• (2) On an application under subsection (1), the Court shall register the order or the amendment to the order under section 123 if it is satisfied that the order or amendment to the order is in force.

**Section 124 of No. 16 of 2008 which it is intended to amend**

124. Notice of registration of order

If the High Court registers an order under section 123, the Court may direct the Attorney-General to do either or both of the following—

• (a) give notice of the registration, in the manner and within the time the Court considers appropriate, to such persons (other than a person convicted of an offence in respect of which the order was made) as the Court has reason to believe may have an interest in the property;
• (b) publish notice of the registration in the manner and within the time the Court considers appropriate.

**Section 126 of No. 16 of 2008 which it is intended to amend**

126. Forfeiture order may be treated as pecuniary penalty order

• (1) If the Attorney-General is unable to give effect to a forfeiture order, the Attorney-General shall take measures to recover—
• (a) the value specified by the ICC as the value of the property ordered by the ICC to be forfeited; or
• (b) if the ICC has not specified the value of the property, the value that, in the opinion of the Attorney-General, is the value of the property ordered by the ICC to be forfeited.
• (2) In a case to which subsection (1) applies, the forfeiture order is to be treated as a fine ordered to be paid under the Penal Code (Cap. 63) for the offence for which the person was convicted, and the fine is taken to have been imposed on the date the forfeiture order was registered under this Act.

**Section 127 of No. 16 of 2008 which it is intended to amend**

• (6) A person who makes an application under subsection (1) shall serve notice of the application on the Attorney-General, who shall be a party to the proceedings.

**Section 129 of No. 16 of 2008 which it is intended to amend**

129. Cancellation of registration of order

• (1) If a forfeiture order has been registered under section 123, the Attorney-General may apply to the High Court for cancellation of the registration.
• (2) Without limiting the generality of subsection (1), the Attorney-General may act under that subsection in relation to a forfeiture order if—
• (a) the order has, since its registration in Kenya, ceased to have effect;
• (b) the order was registered in contravention of section 121;
• (c) the Attorney-General considers that cancellation is appropriate having regard to the arrangements in force with the ICC in relation to the enforcement of orders of that kind; or
• (d) the ICC so requests.
• (3) If, in accordance with subsection (1), the Attorney-General applies to the High Court for cancellation of the registration of a forfeiture order, the Court shall cancel the registration accordingly.
• (4) If a forfeiture order registered under section 123 is discharged (in whole or in part) or is revoked, that discharge or revocation constitutes a ground for an application for cancellation of the order under this section.

**Section 153 of No. 16 of 2008 which it is intended to amend**

• (2) If, having followed the specified process the matter is not able to be resolved, the Attorney-General may refuse the request or decline to authorise the production of the documents or giving of the evidence, as the case may be.

**Section 154 of No. 16 of 2008 which it is intended to amend**

154. Information or evidence involving national security

• (1) Where a person who has been requested to give information or evidence—
• (a) refuses to do so on the ground that disclosure would prejudice the national security interests of Kenya; or
• (b) refers the matter to the Attorney-General on the ground that disclosure would prejudice the national security interests of Kenya,

the Attorney-General shall determine whether or not he is of the opinion that the giving of information or evidence would prejudice Kenya's national security interests.

• (2) If the Attorney-General confirms that he is of the opinion that disclosure would prejudice Kenya's national security interests, the matter shall be dealt with in accordance with the process specified in sections 156 and 157.
• (3) If, having followed the specified process, the matter has not been resolved, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

**Section 155 of No. 16 of 2008 which it is intended to amend**

155. Other situations involving national security

• (1) If, in any circumstances other than those specified in sections 153 and 154, the Attorney-General is of the opinion that the disclosure of information or documents to the ICC would prejudice Kenya's national security interests, the matter shall be dealt with in accordance with the process specified in sections 156 and 157.
• (2) Without limiting subsection (1), this section shall apply if the Attorney-General learns that information or documents are being, or are likely to be, disclosed at any stage of the proceedings, and intervenes in accordance with paragraph 4 of article 72 of the Rome Statute.
• (3) If, having followed the specified process, the matter has not been resolved and the ICC has not made an order for disclosure under paragraph 7(b)(i) of article 72 of the Rome Statute, the Attorney-General may refuse the request or decline to authorise the provision of the information or giving of the evidence, as the case may be.

**Section 156 of No. 16 of 2008 which it is intended to amend**

156. Consultation with ICC required

The Attorney-General shall consult with the ICC and, if appropriate, the defence, in accordance with paragraph 5 of article 72 of the Rome Statute.

**Section 157 of No. 16 of 2008 which it is intended to amend**

157. Procedure where no resolution

• (1) If, after consultation, the Attorney-General considers that there are no means or conditions under which the information or documents or evidence could be provided or disclosed or given without prejudice to Kenya's national security interests, he shall notify the ICC, in accordance with paragraph 6 of article 72 of the Rome Statute, of the specific reasons for his decision, unless a specific description of the reasons would result itself in prejudice to Kenya's national security interests.
• (2) The Attorney-General shall use his best endeavours with a view to reaching a mutually satisfactory outcome if—
• (a) the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the accused;
• (b) the issue of disclosure arises in the circumstances specified in section 153 or 154 and the Attorney-General is of the opinion that Kenya's national security interests would be prejudiced by disclosure, and
• (c) the ICC requests further consultations for the purpose of considering the representations, which may include hearings in camera and ex parte.
• (3) The Attorney-General shall comply with an ICC disclosure order if—
• (a) the ICC determines that the evidence is relevant and necessary for the establishment of the guilt or innocence of the defendant;
• (b) the issue of disclosure arises in the circumstances specified in section 155(1); and
• (c) the ICC orders disclosure in accordance with paragraph 7(b)(i) of article 72 of the Rome Statute.

**Section 158 of No. 16 of 2008 which it is intended to amend**

158. Attorney-General to take into account ICC's ability to refer matter to Security Council

In determining what action to take in relation to a matter to which this Part applies, the Attorney-General shall take into account the power of the ICC to refer a matter to the Assembly of States Parties or to the Security Council in accordance with paragraph 7 of article 87 of the Rome Statute if the ICC considers that a requested State is not acting in accordance with its obligations under the Rome Statute.

**Section 159 of No. 16 of 2008 which it is intended to amend**

159. Disclosure of information provided by third party

• (1) If the ICC requests the provision of a document or information that was provided or disclosed to Kenya in confidence by another State, intergovernmental organisation, or international organisation, the Attorney-General shall seek the consent of the originator before providing that document or information to the ICC.
• (2) If the originator is a State Party that consents to disclosure of the information or document, the Attorney-General shall, subject to article 72 of the Rome Statute, provide that information or document to the ICC.
• (3) If the originator is a State Party that undertakes to resolve the issue of disclosure with the ICC under article 73, the Attorney-General shall inform the ICC of that undertaking.
• (4) If the originator is not a State Party and refuses to consent to disclosure, the Attorney-General shall inform the ICC that he is unable to provide the document or information because of an existing obligation of confidentiality to the originator.

**Section 160 of No. 16 of 2008 which it is intended to amend**

160. Request for Kenya's consent to disclosure

• (1) Where a request is received from another State for Kenya's consent to the disclosure to the ICC of a document or information that had been disclosed to the State in confidence, the Attorney-General shall either—
• (a) consent to the disclosure; or
• (b) undertake to resolve the matter with the ICC.
• (2) The provision of an undertaking under subsection (1)(b) does not prevent the Attorney-General from refusing the assistance sought in accordance with section 159(4).

**Section 168 of No. 16 of 2008 which it is intended to amend**

168. Attorney-General or Minister may request assistance from ICC

The Attorney-General or the Minister, as the case may be, may make a request to the ICC for assistance in accordance with this Part in an investigation into, or trial in respect of, conduct that may constitute a crime within the jurisdiction of the ICC or that constitutes a crime for which the maximum penalty under Kenyan law is a term of imprisonment of not less than five years.

**Section 171 of No. 16 of 2008 which it is intended to amend**

171. Certificates given by Attorney-General

• (1) If the Attorney-General receives a request for assistance from the ICC to which Part V relates, the Attorney-General may give a certificate certifying all or any of the following facts—
• (a) that a request for assistance has been made by the ICC;
• (b) that the request meets the requirements of this Act;
• (c) that the acceptance of the request has been duly made under and in accordance with this Act.
• (2) In any proceedings under this Act, a certificate purporting to have been given under subsection (1) is, in the absence of proof to the contrary, sufficient evidence of the matters certified by the certificate.

**Section 53 of No. 2 of 2009 which it is intended to amend**

53. Restriction on institution of proceedings

No proceedings for an offence under this Act shall be instituted without a prior written consent of the Attorney-General.

**Section 18 of No. 2 of 2010 which it is intended to amend**

18. Relevant considerations

• (1) The Board shall, in determining the suitability of a judge or magistrate, consider—
• (a) whether the Judge or magistrate meets the constitutional criteria for appointment as a Judge of the superior courts or as a magistrate;
• (b) the past work record of the Judge or magistrate, including prior judicial pronouncements, competence and diligence;
• (c) any pending or concluded criminal cases before a court of law against the Judge or Magistrate;
• (d) any recommendations for prosecution of the Judge or Magistrate by the Attorney-General or the Kenya Anti-Corruption Commission; and
• (e) pending complaints or other relevant information received from any person or body, including the—
• (i) Law Society of Kenya;
• (ii) Ethics and Anti-Corruption Commission;
• (iii) Advocates Disciplinary Tribunal;
• (iv) Advocates Complaints Commission;
• (v) Attorney-General;
• (vi) Commission on Administrative Justice;
• (vii) Kenya National Human Rights and Equality Commission;
• (viii) National Intelligence Service;
• (ix) National Police Service Commission; or
• (x) Judicial Service Commission.

**Section 14 of No. 6 of 2010 which it is intended to amend**

14. Penalty under this Part

A person who commits an offence under this Part, shall, on conviction, be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding ten years or to both.

**Section 17 of No. 6 of 2010 which it is intended to amend**

17. Seizure and detention of organized criminal group cash

• (9) In this section—"authorized officer" means—
• (a) the Commissioner of Customs and Excise holding office under the Customs and Excise Act (Cap. 472);
• (b) the Commissioner of Police holding office under the Police Act (Cap. 84) (now repealed);
• (c) the Attorney-General; or
• (d) any other person upon whom written law vests functions of maintenance of law and order,

"cash" has the meaning assigned to it under the Banking Act (Cap. 488).

**Section 19 of No. 8 of 2010 which it is intended to amend**

19. Establishment of the Advisory Committee

• (1)

• (2) The Counter Trafficking in Persons Advisory Committee shall consist of the following members—

• (a) the Permanent Secretary in the Ministry responsible for matters relating to immigration;
• (b) the Permanent Secretary in the Ministry responsible for matters relating to foreign affairs;
• (c) the Permanent Secretary in the Ministry responsible for matters relating to gender and children;
• (d) the Permanent Secretary in the Ministry responsible for matters relating to labour;
• (e) the Attorney-General;
• (f) the Commissioner of Police;
• (g) a representative of the Kenya National Commission for Human Rights;
• (h) two representatives from civil society nominated by the respective civil societies dealing with issues relating to women and children with proven record of involvement in the prevention and suppression of trafficking in persons;
• (i) one person nominated by the Central Organization of Trade Unions;
• (j) one person nominated by the Federation of Kenya Employers;
• (k) such other members as may be co-opted by the Advisory Committee.

Section 27 of No. 22 of 2011 which it is intended to amend

27. Reports

• (2) The Commission shall submit the annual report to the President and the National Assembly three months after the end of the year to which it relates.
• (3) The annual report shall contain, in respect of the year to which it relates—
• (a) the financial statements of the Commission;
• (b) a description of the activities of the Commission;
• (c) such other statistical information as the Commission may consider appropriate relating to the Commission's functions;
• (d) any recommendations made by the Commission to State departments or any person and the action taken;
• (e) the impact of the exercise of any of its mandate or functions under the Constitution, this Act or any written law;
• (f) the state of compliance with the provisions of section 18(4)(b); and
• (g) such other information as the Commission considers necessary.

• (4) The Commission shall cause the annual report to be published and the report shall be publicized in such manner as the Commission may determine.

Section 116 of No. 28 of 2011 which it is intended to amend

116. Prosecutorial powers

An authorized officer may, with the leave of the Attorney-General given under the Criminal Procedure Code (Cap. 75), conduct prosecution for an offence committed under this Act.

Section 26 of No. 30 of 2011 which it is intended to amend

26. Annual report

• (1) The Commission shall cause an annual report to be prepared for each financial year.
• (2) The Commission shall submit the annual report to the President and the National Assembly three months after the end of the year to which it relates.

Section 16 of No. 33 of 2012 which it is intended to amend

16. Tenure of the Director-General

The Director-General shall be appointed for a term of three years and shall be eligible for reappointment for one further term.

The First Schedule to No. 35 of 2013 which it is intended to amend—

• 133. Tourniquets of tariff number 3926.90.99 for use by licensed hospitals upon approval by the Cabinet Secretary responsible for matters relating to health.

Section 9B of No. 29 of 2016 which it is intended to amend

9B. Application of Tax Procedures Act, 2015 to excess tax refunds

The provisions of section 47 of the Tax Procedures Act, 2015 shall apply for the purposes of—

• (a) an application for refunds, ascertainment and repayment of fees and levies overpaid or paid in error under this Act; or
• (b) the determination by the Commissioner of penalties and interests on fees that remain unpaid.

Section 17 of No. 43 of 2016 which it is intended to amend

17. Chief Executive Officer

• (1) The Cabinet Secretary shall, on the recommendation of the Management Board, appoint a Chief Executive Officer of the Authority on such terms and conditions as may be specified in the instrument of appointment.

Section 31 of No. 43 of 2016 which it is intended to amend

31. Water Harvesting and Storage Board

• (1) The powers and functions of the Water Storage Authority shall be exercised and performed under the direction of a Water Harvesting and Storage Board which shall consist of—
• (a) a chairperson, who shall be appointed by the President;
• (b) the Principal Secretary responsible for matters relating to water;
• (c) the Principal Secretary responsible for matters relating to land;
• (d) the Principal Secretary responsible for finance;
• (e) five other members, who shall be appointed by the Cabinet Secretary; and
• (f) the Chief Executive Officer.

Section 33 of No. 43 of 2016 which it is intended to amend

33. Chief Executive Officer

• (1) The Cabinet Secretary, on the recommendation of the Water Storage Board may appoint the Chief Executive Officer of the Water Storage Authority, on such terms and conditions as the Cabinet Secretary for public service may determine on the advice of the Salaries and Remuneration Commission.

Section 66 of No. 43 of 2016 which it is intended to amend

66. Boards of the water works development agencies

• (1) Each water works development agency shall consist of—
• (a) a chairperson, who shall be appointed by the Cabinet Secretary from a county within the basin area;
• (b) four other members who shall be appointed by the Cabinet Secretary from counties within the basin area; and
• (c) the Chief Executive Officer.

• (2) The First Schedule has effect with respect to the membership and procedure of the water works development agencies.

Section 71 of No. 43 of 2016 which it is intended to amend

71. Regulatory Board

• (1) The powers and functions of the Regulatory Board shall be exercised and performed under the direction of the Regulatory Board which shall consist of—
• (a) a chairperson appointed by the President;
• (b) four other members appointed by the Cabinet Secretary; and
• (c) the Chief Executive Officer.

Section 73 of No. 43 of 2016 which it is intended to amend

73. Employees of the Regulatory Board

• (1) There shall be a Chief Executive Officer of the Regulatory Board who shall be appointed by the Cabinet Secretary on the recommendation of the Regulatory Board, on such terms and conditions of service as may be prescribed by the Cabinet Secretary responsible for public service on the advice from the Salaries and Remuneration Commission.
• (2) The Chief Executive Officer shall be the principal officer of the Regulatory Board and, subject to the directions of the Regulatory Board, shall be responsible for management of the Regulatory Board.
• (3) The Regulatory Board may appoint such officers and other employees as may be necessary for the exercise and performance of its powers and functions, upon such terms and conditions as the Cabinet Secretary responsible for public service may determine upon consideration of advice from the Salaries and Remuneration Commission.

Section 115 of No. 43 of 2016 which it is intended to amend

115. Board of Trustees of the Fund

• (2) The Board of Trustees shall consist of a chairperson and six other members recruited in accordance with the First Schedule.

Section 118 of No. 43 of 2016 which it is intended to amend

118. Staff of the Fund

• (1) The Fund shall have a Chief Executive Officer who shall be appointed by the Board of Trustees on such terms and conditions of service as the Cabinet Secretary responsible for matters relating to public service on the advice of the Salaries and Remuneration Regulatory Authority may determine.

The Bribery Act, 2016 (No. 47 of 2016). Section 1 which it is intended to amend—

Short title

This Act may be cited as the Bribery Act, 2016.

Section 4 which it is intended to amend

4. Application of the Act

This Act shall apply to the public, public officers and private entities.

Section 5 which is intended to amend

5. Giving a bribe

• (1) A person commits the offence of giving a bribe if the person offers, promises or gives a financial or other advantage to another person, who knows or believes the acceptance of the financial or other advantage would itself constitute the improper performance of a relevant function or activity.
• (2) Subject to subsection (1), it shall not matter whether the person to whom the advantage is offered, promised or given is the same person as the person who is to perform, or has performed, the function or activity concerned, or whether the advantage is offered, promised or given by a person directly or through a third party.

Section 7 which it is intended to amend—

7. Function or activity to which a bribe relates

• (1) For the purposes of this Act, a function or activity shall be construed to be a relevant function or activity if—
• (a) it includes—
• (i) any function of a public nature;
• (ii) any function carried out by a State officer or public officer, pursuant to his or her duties;
• (iii) any activity connected with a business;
• (iv) any activity performed in the course of a person's employment; and
• (v) any activity performed by or on behalf of a body of persons whether corporate or otherwise;

• (b) it meets one or more of the following conditions—
• (i) that the person performing the function or activity is expected to perform it in good faith;

• (a) it includes—

Section 10 which it is intended to amend—

10. Failure of private entity to prevent bribery

A private entity commits an offence under this section if a person associated with it, bribes another person intending to obtain or retain—

• (a) business for the private entity; or
• (b) advantage in the conduct of business by the private entity.

Section 14 which it is intended to amend—

14. Duty to report

• (1) Every State officer, public officer or any other person holding a commission within a period of twenty-four hours any knowledge or suspicion of instances of bribery.

Section 15 which it is intended to amend

15. Offences under this Act: territorial application

• (1) Conduct by a citizen of Kenya or by a private or public entity within the meaning of sections 11 and 12 which takes place outside Kenya, shall constitute an offence under this Act if the conduct would constitute an offence under this Act if it took place in Kenya.

The Public Service Commission Act, 2017 (No. 10 of 2017).

Section 90 which it is intended to amend

90. Annual Report

• (1) The Commission shall within three months after the closure of the financial year prepare a report for submission to the President and Parliament.

The Scrap Metal Act, 2015 (No. 1 of 2015). Section 4 which it is intended to amend—

4. Composition of the Council

• (1) The Council shall consist of—
• (a) a chairperson appointed by the Cabinet Secretary who has at least five years' experience in the public or private sector;
• (b) the Principal Secretary of the Ministry for the time being responsible for matters relating to transport or representative;
• (c) the Commissioner-General of the Kenya Revenue Authority or a representative;
• (d) the Inspector-General of Police or a representative;
• (e) the Principal Secretary of the Ministry for the time being responsible for matters relating to industrialisation or his or her representative;
• (f) the following persons, nominated as follows, and appointed by the Cabinet Secretary—
• (i) one person nominated by the metal cottage industry;
• (ii) one person nominated by the Kenya Association of Manufacturers;
• (iii) one person nominated by large utility companies or agencies in charge of infrastructure, to be appointed on rotational basis;
• (iv) one person nominated by the Consumer Federation of Kenya.

Section 6 which it is intended to amend

6. Functions of the Council

• (1) The functions of the Council shall be to—
• (a) advise the Cabinet Secretary on—
• (i) the appropriate measures and mechanisms for regulating the scrap metal industry in ensuring economic growth, protection of public health and conformity to the principles of environmental stewardship as required by the Basel Convention;
• (ii) the appropriate measures and mechanisms for protecting public interest against vandalism, theft to utility infrastructure and private property;
• (iii) the methods of attracting investors on the utilization of excess scrap materials and supporting existing users of scrap metal;
• (iv) the applicable license fees to be prescribed under this Act; and

• (a) advise the Cabinet Secretary on—

Section 9 which it is intended to amend

9. Restriction from dealing in scrap metal

• (1) A person shall not deal in scrap metal, unless that person has a licence issued by the Council and is a member of Scrap Metal Dealers Association.

Section 11 which it is intended to amend

11. Issue of licence

Every licence granted or renewed under this section shall—

• (a) be issued in the form prescribed in the Third Schedule;
• (b) be valid for one year;
• (c) specify the licensee as the principal or agent to deal in scrap metal;
• (d) specify the location of all the premises in which the licensee is authorized to deal in scrap metal;
• (e) specify any type of scrap metal the licensee may or may not deal in; and
• (f) be subject to such conditions as the Council may consider necessary.

Section 18 which it is intended to amend

18. Register by licensee

• (3) Any licensee, servant or agent who fails to comply with this section commits an offence and is liable on conviction—
• (a) for a first offence, to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year, or to both; and
• (b) for a second or subsequent offence to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years, or to both and such license shall be revoked.

Section 20 which it is intended to amend

20. Restriction on licensees

• (4) Any licensee who contravenes this section commits an offence and is liable on conviction to a fine not exceeding one million shillings and, where such offence continues after conviction, to a fine not exceeding two thousand shillings for each day in which such offence continues or until the license is revoked.

Section 22 which it is intended to amend

22. Information regarding stolen or lost property

• (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year or to both.

Section 24 which it is intended to amend

24. Destruction of infrastructure

• (1) A person shall not remove, deface or destroy any scrap metal from the infrastructure designed for roads, bridges, railways, pipelines, infrastructure project.
• (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding three years or to both.

Section 26 which it is intended to amend

26. Exports of scrap metal

• (1) A person shall not export scrap metal in any form.
• (2) Notwithstanding subsection (1), the Cabinet Secretary for matters relating to finance, in consultation with the Cabinet Secretary responsible for industrialization and with the recommendation of the Council, may, under such circumstances as may be prescribed, authorize the export of specific scrap metal for a specified period.
• (3) A certificate for each consignment shall be issued by the Principal Secretary.
• (4) Any exemption allowed under this section shall be valid for six months from the date of issue of the certificate of exemption.
• (5) Any person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding ten million shillings or to imprisonment for a term not exceeding five years or to both.

Section 30 which it is intended to amend

30. Power of entry

• (1) An inspector may at any reasonable time, with or without a search warrant—
• (a) enter upon and inspect any place, premises or vehicle at, on or in which goods that are reasonably suspected of being stolen scrap metal or vandalized infrastructure are to be found and make a record as provided in the prescribed form;
• (b) take the steps that may be reasonably necessary to terminate the deal or transaction on vandalized or stolen scrap metal at, on or in such place, premises or vehicle, and to prevent the recurrence of any such act in future:

Provided that the actions set out herein shall not include the destruction or alienation of the relevant scrap metal unless authorized by an order issued by a court of competent jurisdiction.

• (c) seize, detain, and, where applicable, remove for detention, all the scrap metal found at, on or in such place, premises or vehicle or other modes of conveyance;

• (d) seize, detain, and, where applicable, remove for detention, any tools which may be used in processing such scrap metal;
• question that person and take down a statement from that person:
• (ii) demand from that person any book, document, article, item or object which in any way may assist in identifying the location, source or destination of the scrap metal, or the identity and address of any person who may be involved in dealing as a supplier, miller, distributor, exporter or clearing and forwarding agent of the scrap metal.

**The Energy Act, 2019 (No. 1 of 2019)**

Section 2 which it is intended to amend

2. Interpretation

a person to operate a distribution system for the purpose of enabling supply of electrical energy to consumers or to other licensees;

Section 10 which it is intended to amend

10. Functions of the Authority

The functions of the Authority shall be to—

• (a) regulate—
• generation, importation, exportation, transmission, distribution, supply and use of electrical energy with the exception of licensing of nuclear facilities;
• (i) importation, refining, exportation, transportation, storage and sale of petroleum and petroleum products with the exception of crude oil;

Section 12 which it is intended to amend

12. Board of the Authority

• (1) The management of the Authority shall vest in the Board of Directors of the Authority consisting of—
• (a) a Chairperson who shall be appointed by the President:
• (b) the Principal Secretary responsible for Energy or his representative:
• (c) the Principal Secretary responsible for Petroleum or his representative:
• (d) the Principal Secretary in the National Treasury or his or her authorized representative;
• (e) one County Executive Committee member responsible for energy and petroleum or his representative nominated by the Council of County Governors;
• (f) the Director-General; and
• (g) five other members not being public officers appointed by the Cabinet Secretary

Section 20 which it is intended to amend

20. Funds of the Authority

• (1) The funds of the Authority shall consist of—
• (a) levies not exceeding one half of a percent on the sales of electricity and petroleum products;
• (b) licence fees;
• (c) such monies or assets as may accrue to or vest in the Authority in the course of the exercise of its powers or the performance of its functions under this Act;
• (d) such monies as may be provided by Parliament for the purposes of the Authority:
• (e) Authority whether movable or immovable:
• (f) interest from bank deposits; and
• (g) to the Authority:

Provided that any monies collected by the Authority including levies, fines and penalties in exercise of its functions shall be paid into the Consolidated Fund.

Section 26 which it is intended to amend

26. Members of the Tribunal

• (4) The Chairperson, Vice-Chairperson and members of the Tribunal shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.

Section 45 which it is intended to amend

45. Board of the Corporation

• (1) The management of the Corporation shall vest in the Board of Directors of the Corporation which shall consist of—
• (a) a Chairperson appointed by the President; or his
• (d) the Chief Executive Officer who shall be the Secretary to the Board;
• (e) three members appointed by the Cabinet Secretary; and
• (f) four other members appointed by the Council of County Governors

Section 76 which it is intended to amend

76. Establishment of Renewable Energy Resource Advisory Committee

• (2) The Renewable Energy Resource Advisory Committee is composed of—
• (a) principal secretary in the Ministry of Energy or his or her representative who shall be the Chairperson;
• (b) chief executive officer of the Corporation or his representative, who shall be the Secretary;
• (c) managing director of the Geothermal Development Company Limited or his or her representative;
• (d) managing director of the Kenya Electricity Generating Company Limited or his or her representative:
• (e) Attorney-General or his or her representative;
• (f) principal secretary of the National Treasury or his representative: and
• (g) principal secretary responsible for matters relating to resources or his or her representative

Section 82 which it is intended to amend

82. Renewal and surrender of licence, etc.

The Cabinet Secretary may, on the advice of the Authority—

• (a) renew a licence for a term not exceeding five years after the initial expiry or any renewal thereof subject to such terms and conditions as the Cabinet Secretary may consider necessary;
• (b) wholly or partly remit all or any of the terms and conditions contained in any licence where, owing to special circumstances in his opinion, compliance therewith would be impossible or great hardship would be inflicted upon the licensee;
• (c) extend time to the licensee for complying with the terms and conditions of any licence upon such terms and conditions as the Cabinet Secretary may consider necessary: or
• (d) accept, whether with a view to renewing or reissuing any licence or otherwise the surrender of any licence or any part of the area comprised therein upon such terms and conditions as the Cabinet Secretary may consider necessary, but no such surrender shall affect any liability incurred by the licensee before the surrender shall have taken effect.

Section 98 which it is intended to amend

98. Factors to be considered in reviewing an application

• (1) The Authority shall, in granting or rejecting an application for a licence or permit, take into consideration—
• (a) the impact of the undertaking on the social, cultural or recreational life of the community;
• (b) the need to protect the environment and to conserve the natural resources in accordance with the environmental, health, and maritime laws and international maritime treaties ratified by Kenya and other guidelines developed by the Authority;
• (c) compliance with Occupational Safety and Health Act (No. 15 of 2007) or other safety and health standards recommended by the Authority in consultation with the relevant statutory body:
• (d) compliance with this Act and the relevant Kenyan Standard and in the absence of such standard, any international standard recommended by the Authority in consultation with the Kenya Bureau of Standards;
• (e) land use or the location of the undertaking:
• (f) economic and financial benefits to the country or area of supply of the undertaking;
• (g) the cost of the undertaking and financing arrangements;
• (h) the ability of the applicant to operate in a manner designed to protect the health and safety of users of the service for which the licence or permit is required and other members of the public who would be affected by the undertaking:
• (i) the technical and financial capacity of the applicant to render the service for which the licence or permit is required: and
• (j) any other matter that the Authority may consider likely to have a bearing on the undertaking.

Section 100 which it is intended to amend

100. Forms and conditions of a licence or permit

• (1) Every licence or permit shall be in such form as the Authority may determine and shall, subject to subsection (2), contain such particulars or conditions where applicable—
• (a) the duration of the licence or permit;
• (b) the type of coal or coal products;
• (c) the market area segments; and
• (d) any other matter connected with the carrying on of the undertaking.

Section 117 which it is intended to amend

117. Requirement of a licence

A person who wishes to carry out the generation, exportation, importation, transmission, distribution and retail supply of electricity must apply for a licence as the case may be to the Authority in accordance with the provisions of this Act: Provided that a person shall not require not exceeding one megawatt

Section 129 which it is intended to amend

129. Accounts, records and reports of licensee

(2) A licensee shall, at his own cost, cause the annual accounts to be examined and audited by independent auditors and submit the audited accounts to the Authority within three months after the end of each financial year

Section 149 which it is intended to amend

149. Certificates for electrical workers

(3) A licence for electrical installation work shall be issued for a term of three years and may be renewed for a similar term upon expiry, subject to the holder satisfying such continuing technical trainings as may be prescribed.

Section 154 which it is intended to amend

154. Metering of supply to consumers

• (2) The retailer shall supply and fix meters upon the premises of the consumer:

Provided that the licensee may agree to the value of the supply to any consumer being ascertained by a private meter belonging to the consumer.

Section 166 which it is intended to amend—

166. Penalties and compensation for failure and defects in electricity supply

• (3) For the avoidance of doubt, the licensee shall not be liable to pay compensation under subsection (2) if the failure, poor quality or irregularity of electricity supply was caused by third party interference to the licensee's electricity supply lines or inevitable accident or force majeure or was so slight as not to materially affect the quality or value of the supply.
• (4) The Cabinet Secretary shall make regulations to give effect to this section within six months of the coming into force of this Act.

Section 167 which it is intended to amend

167. Regulations for electrical energy

• (1) The Cabinet Secretary may upon recommendation of the Authority make such regulations as may be necessary or expedient for the achievement of the objectives and purposes of this Act and in particular, for all or any of the following purposes—
• (o) carrying out electrical installation work by an electrician and an electrical contractor.

Section 169 which it is intended to amend

169. Offences deemed to be economic crimes

• (2) Any vessel used to convey the vandalised equipment or appliance in the attempted vandalism detailed in subsection (1) shall be forfeited to the state.

Section 187 which is intended to amend

187. Energy Efficiency and Conservation Programme

The Authority shall coordinate the development and implementation of a prudent national energy efficiency and conservation programme.

Section 199 which it is intended to amend

199. Power of County Government to make rules

• (1) A County Government may, by notification in the, make rules for carrying out the provisions of this Act and not inconsistent with the rules and regulations, if any, made by the National Government.

Section 208 which it is intended to amend

208. Cabinet Secretary may make regulations generally

• (1) The Cabinet Secretary may, on the recommendation of the Authority and subject to section 167, make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or expedient to be prescribed for carrying out or giving effect to this Act.