Three Laws to Watch Out for in 2014

Just before Christmas 2013 the President assented to 8 bills, it will be interesting to watch the implementation of the three laws below given their wide reaching effects on social justice, cohesion, and the freedom of the press respectively.

The National Social Security Act

Article 43 (1) of constitution entitles every citizen to social security and Article 43 (2) requires that the government, ‘provide appropriate social security to persons who are unable to support themselves and their dependants.’

In line with these constitutional requirements the National Assembly passed the National Social Security Act in December. One of the more controversial clauses in the Act is the clause that aims to increase employees’ contribution to NSSF from 200 shillings to 6% of their monthly salary. Considering that Kenyan workers are some of the most taxed individuals it is unsurprising that the increased contribution was met with resistance despite the assurance that the implementation of the clause will be progressive. In the first year 2014, employers are expected to contribute 1.2 % of the employees pensionable salary, 2.4% next year, 3.6% the year after that, ramping up to 6% by 2018.

The increased contribution may not have been so problematic if contributors were assured that the fund would pay out when required to do so a valid concern considering the NSSF has been the subject of several corruption scandals. Just this week the Labour Cabinet Secretary asked that Ethics and Anti-Corruption Commission (EACC) to investigate a section of NSSF board members following allegations of corruption. Last year the EACC froze Kshs. 14.3 billion that NSSF had invested in the stock market. Then there are the irregularities in the NSSF’s Kshs. 5 billion Tassia Project. With increased contribution it is hoped that there will be increased accountability.

The Media ACT

The Kenya Information Communication (Amendment) Bill (KICA Bill) better known as the Media Bill was and continues to remain controversial. The president refused to assent to the initial version of the bill passed by the National Assembly, and sent it back to the house. On 24^th December the President assented to the revised version of the bill but it appears the controversial provisions of the law still remain.

The Bill establishes a Communications and Multimedia Tribunal that has the power to impose hefty and punitive fines on media houses and journalists. The Act allows for fines as high as Kshs. 20 million for media houses and Kshs. 500,000 for individual journalists. The Act also expands offences for which journalists and media houses can be punished and allows parliament to revise the journalists’ code of conduct as now forms part of the law.  The Act places the under the state controlled Communication Authority which calls into question the independence of the Tribunal.

While there are positives in the Act i.e. the promotion of locally created content, the more retrogressive clauses seem to contravene freedom of the press expressed in Articles 33 and 34 of the constitution. It will be interesting to see how the act affects freedom of the press.

The Truth Justice and Reconciliation (Amendment) ACT

The report of the Truth Justice and Reconciliation Commission published in June 2013 not only implicated several high level government officials but also recommended their prosecution for alleged crimes.

Initially Parliament’s Justice and Legal Affairs Committee gave members of Parliament (MPs) permission to debate the TJRC report, but also insisted that the Truth, Justice and Reconciliation Amendment Bill prohibit MPs from altering the report.  In December last year the National Assembly voted to delete the prohibition, and permit the National Assembly to alter the content of the TJRC report and which leaves the door open for the National Assembly to remove mention of prominent persons from the report. Once parliament begins debating the report it will be interesting what alterations are made considering the report adversely mentions the President and his deputy.

Posted by Mzalendo Editor on Jan. 15, 2014

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