The Statute Law (Miscellaneous Amendments) Bill, 2022

SPECIALISSUE

Kenya GazetteSupplement No.199(National.Assembly Bills No.60)

REPUBLICOFKENYA

KENYAGAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2022

NAIROBI.22ndNovember,2022

CONTENT

| Bill for Introductioninto theNational Assembly- | PAGE | |------------------------------------------------------|--------| | The Statute Law (Miscellaneous Amendments) Bill,2022 | 1455 |

1455

THESTATUTELAW(MISCELLANEOUS MENDMENTS)BILL,2022

ABill for

AN ACTof Parliament to make minor amendments to statute law

ENACTED by theParliamentofKenya,as follows-

• 1.This Act maybe cited as theStatute Law
• (MiscellaneousAmendments)Act,2022
• 2.The several laws specified in the first column of the Schedule are amended in the provisions specified in the secondcolumnthereof,inthe mannerrespectively specified in the third column.

SCHEDULE

Shorttitle

Amendmentof written laws.

Written law Provision

The Judicatures.7(1)

Act(Cap.8)

The Appellates.59(7)

Jurisdiction Act (Cap.9).

s.73

The Vexatious s.4

Proceedings Act (Cap.41).

ThePenal Code s.146

(Cap.63)

The Criminal Procedure Code (Cap.75).

8:2

Amendment

Delete the the word "thirty"and substitute

therefor the word"seventy"

Delete the expression"Attormey-General"and substitute therefor the expression"Director-of PublicProsecutions"

Deletetheexpression "Attorney-General" whereverit appears and substitute therefor the expression"Director ofPublicProsecutions"

Delete the expression"Attorney-General"and substitute therefor the expressionDirector of

PublicProsecutions".

Deletethewords"idiotsorimbeciles wherever they appear and substitute therefor the words"persons with mental disabilities"

Deletetheexpression"StateCounsel" appearing in the definition of the termpublic prosecutor" andsubstitutethereforthe expression"Prosecution Counsel".

Delete the definitionof"police officer"and substitutethereforthefollowing new

definition- No.11Aof 2012.

No.11Aof 2012.

s.2

S.83

"police officer"has the meaning assigned to it under the National Police Service

Act,2012;

Delete the definition of"police stationand

substitutethereforthefollowing new definition-

"police stationhas the meaning assigned toit under the National Police Service

Act,2012:

Delete and substitute therefor the following newsection-

83.(l) The Director of Public Prosecutions may order in writing that all or any of the powersvested inhim by sections 81 and 82 and by Part Vll,be vested for the time being in the Secretary of Prosecution Services,the Deputy Director of Public Prosecutions,the SeniorAssistantDirectorofPublic Prosecutions,AssistantDirector 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 asif they had been exercisedby theDirectorofPublic

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 ofmurder,treason,robberywithviolence attempted robberywith 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"

Delete. S.184

s.186

The Extradition s.7 (Commonwealth Countries)Act (Cap.77).

Delete.

Delete the expression"Attorney-Generaland substitute therefor theexpression"Director of PublicProsecutions"

S.8 Delete the expression"Attorney-Generaland substitute therefor the expression"Director of PublicProsecutions".

8.9 Delete the expression"Attorney-Generaland substitute therefor the expression"Director of PublicProsecutions"

s.10 Delete the expression"Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions".

The Evidence s.3 Act (Cap.80).

Insert the following definition in proper

alphabetical sequence-

"photograph"means an image created by light falling on alight sensitive surface,either photographicfilm o an electronicmedium and made visible and permanent bychemical treatmentor stored digitally

s.78(1) Insert the words"or an clectronic and digital medium"immediately after the word"film"

S125(2) Delete thewords"amentallydisordered person or a lunaticand substitute therefor thc

The National 5.6 Flag,Emblems and Names Act (Cap.99).

ThePublic Schedule Holidays Act (Cap.110)

Housing Act s.2

(Cap.117)

Delete the expression"Attormey-Generaland substitute therefor the expression"Director of

PublicProsecutions"

Delete the expression"Utamaduni Dayand substitutetherefor theexpression "Huduma Day".

Insert the following definitions in proper

alphabetical sequence- The Official s.10(1)

5.49(1)

The Geneva s.3(3) Conventions Act (Cap.198).

The Pharmacys.40(4) and Poisons Act (Cap.244).

The Mental s.42(5) Health Act (Cap.248).

TheLand s.14(6)(b)

Consolidation Act(Cap.283).

8.33 Adjudication

TheLand Act (Cap.284).

The Marine Insurance Act (Cap.390).

The Local

Manufactures s.91(3)

s.10(2)

Secrets Act (Cap.187).

"affordable housingmeans housing that is adequate,targeted for the population whose income is below themedian individual or housing income,and whose cost does not exceed more than thirty per cent ofhousehold or individual income per month to rent or acquire.

"affordable housing development project" means a housing developmentproject targeted toconstruct and deliver affordable housing andapprovedbytheCabinetSecretary responsibleformattersrelating to housing.

Delete the expression"Attorney-Generaland substitute therefor the expression"Director of

PublicProsecutions"

Delete the expression"Attorney-General"and substitute therefor the expression"Director of PublicProsecutions".

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

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

Delete the expression"Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions"

Delete the expression"Attorney-General"and substitute therefor the expressionDirector of

Public Prosecutions"

Deletetheexpression "Attorney-General" appearingintheprovisoandsubstitute therefor the expression"Director of Public Prosecutions"

Delete the expression"Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions":

Delete the expression"Attorney-General"and

substitute therefor the expression"Director of

(Export

Compensation) Act (Cap.482).

The Capital

s.38 Markets Act (Cap.485A).

The Architectss.3(3) and Quantity Surveyors Act (Cap.525).

The Prevention s.27(3) ofFraud (Investments) Act (No.1of 1977).

The Higher S.24 Education Loans Board Act 1995 (No.3of1995).

The Retirement s.54(1)

Benefits Act (No.3of1997).

The Cos.94(3)

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

The Central S.63

Depositories Act,2000(No.4 of2000).

The Copyrights.2

Act (No.12of 2001)

Public Prosecutions"

Delete the expression"Attormey-General"and substitute therefor the expression"Director of PublicProsecutions"

Delete theexpression"Attormey-General"and substitute therefor the expressionDirector of PublicProsecutions"

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

Delete the expression"Attormey-Generaland Public Prosecutions"

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

Delete theexpression"Attorney-Generaland substitute therefor the expression"Director of PublicProsecutions"

Delete the expression"Attormey-Generaland substitute therefor the expression"Director of

PublicProsecutions".

Deletethe definitionof"collective management organizations"and substitute thereforthefollowingnewdefinition-

"collectivemanagement organization"

meansan organizationapproved pue authorized bytheBoard whichhas asitsmain object,or one ofitsmainobjects,the negotiating for the license fees for the use of copyright work,distribution of royalties and New the granting of licences in respect of the use of copyrightworks orrelatedrights;

Insert the followingnew section immediately

30AA.(l)Where a sound

published for commercial purposes, or a reproduction of such phonograms isused directly for broadcasting orothercommunicationtothe public,or is publicly performed,a single equitableremuneration for the performer or performers and theproducerofthesound recording shall be paid by the user to theproducer.

after section30-

Equitable Remuneration.recording

• (2) Unless otherwise agreedbetweentheperformers and the producer,half of the amountreceived bythe producer under subsection (1) shall be paid by the producer to theperformer or performers.

2. (3)Therightto an 3. equitable remuneration under this section shall subsist from the date ofpublicationofthesound recording until the endof the fiftiethcalendaryearfollowingthe year ofpublication.provided that the phonogram is still protected under the Act. 4. (4)For the purposesof this section,phonograms that have been available to the public by wireless means in such a way that members ofthepublicmay aecess them from a place andat a time individually chosen by them shall beconsideredtohavebeen published for commercial

purposes.

• (5)A performer shall have the unwaivable and untransferable rights to receive equitable remuneration orroyaltiesin respect of any broadcast, communicationto the public, rental or making available to the public of his performance fixed in anaudiovisual fixation tobe managed through the relevant collective management organization.
• (6)Therighttoan
• equitable remuneration under this section shall subsist from the date ofpublication of theaudiovisual performance until the end of the fiftieth calendaryear followingthe year of publication,provided that theaudiovisual work or performanceisstillprotected under the Act.
• s.30B(1) Insert the word"authors"immediately before the word"performers
• (2) Insert the word"authors"immediately before theword"performers"
• (3) Insert the word"authors"immediately before the word"performers"
• 5.46(1)
• Deleteand substitute therefor the following new subsection-

No person or association ofpersons shall commence orcarryon the business asa collective managements organization unless operatinglicense.

• Delete the expression"twclve months"and substitute therefor-the expressionthirty-six
• (3) months".
• (4) Insertthe words"and is registered asa

S.46A

Collective Management Organization by the Board"at the end of paragraph (a).

Delete paragraph (d) and substitute therefor thefollowingnewparagraph-

• (d)its main object,or one of itsmain objects,is negotiating for the licence fees for the use ofcopyright works and thegrantingof licences in respect of the use of copyright works orrelatedrights.

Insertthefollowingnew subsections immediately aftersubsection(12)-

• (13)Anorganizationregisteredin
• accordance with subsection (4)(a)may apply to the Board in the prescribed manner for an operatinglicence.
• (14)Whereacollectivemanagement
• organization operating licence is revoked,the approved collecting agent shall in conjunction with the Board open andoperate an escrow account toholdmonies not immediately available for utilization or distribution until the operating license is reinstated or a new organization islicensedbytheBoard.
• (15)During theperiod ofrevocation under subsection (14),the agency shall continue to collect and remit royalties to rightsholders.

Renumber the existing provision as subsection (1)and insert thefollowingnewsubsection-

• (2)Alicensedcollective management by theBoard tocollectand distributeroyalties
• on their behalf through the National Rights Registry.
• (3)The agency appointed under subsection their
• (2)shall collect royalties on such terms and conditions as may be agreed upon between andthecollectiveManagement Organization subject to approval of such terms by the Board.

S.46B

Insertthefollowingnew immediately after subsection(l)- subsection

(1A)In addition to the members provided forunder subsection (1)there shall becoopted intothe boardofdirectorsof acollective management organization at least fourpersons who hold professional qualifications recognizedby a professional body established

undertherelevant law.

Add thefollowingnewsubsections immediately after subsection(4)-

• (5)Themembersoftheboardofa collective management organization shall be eligible to such salaries,honorariums,and othcr allowances as may be approved by members in a general meeting and endorsed by theBoard.
• (6)Aperson who hasbeen convictedofan offence under this Act orany law relatingto themanagementofanycompanyor organization or of a felony shall not be eligible to hold office as a director or to be employedasamemberofthe staff ofa
• collectivemanagement organization.
• (7)Where a person who is a member of the board of a collective management organization or amember ofits staff is charged with an offence under thisAct or any other law relating to themanagement of any company or organization orofa felony such person shall step aside from his or her position until thematterisheard and determined.
• (8)Aperson towhomsubsection (7) applies shall during the hearing of the case be entitled to receive half of his or her basic pay and ifacquitted of the offence shall be paid the outstanding amount,and may with the concurrence ofthemembersofthe organization be reinstated to his orher respectiveposition in theBoard.

The Anti-

Corruption and Economic Crimes Act, 2003(No.3of

2003).

s.46C

S.46E

s.25A(1)

s.37(6)

• (9)Thepaymentofroyalties bythe
• collective management organization shall be automated and basedonmonitoringdata and conducted in accordance with such conditions as theBoard may from time to timeprescribe.

Insertthefollowingnewsubparagraph

immediately after subsection (I)-

• (lA)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 anyother time when the Board considersit appropriate to do soin the bestperformanceofitsfunctions underthisAct.

Insert the following subsections immediately after subsection(6)-

• (7)Any member ordirectorofa collective management organizationwhoapproves accounts beyond the limits directed bythe Board commitsan offenceand shall on conviction be liable to a fine not exceeding five timesthe amount in excess ofthe allowed amountorimprisonmentforaterm not exceeding threemonths or toboth.
• (8)A collective management organization shall only operatebank accounts authorized and monitored by the Board.

Delete the expression"Attorney-Generaland substitute therefor theexpression "Directorof

PublicProsecutions"

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

PublicProsecutions"

s.62(5)

s.62

The Sexual S.40 Offences Act, 2006(No.3of 2006).

The National s.57(2) Museums and Heritage Act, 2006(No.6of Delete the expression"the Attorney General whereverit appears and substitute therefor the expression"DirectorofPublic Prosecutions.

Delete subsection (6).

Insert thefollowingnewsubsections

(6A)Notwithstandingtheprovisionsofany otherlaw,whereastateofficer is under investigation for,or has been chargedwith corruption JO economiccrime,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.

• (6B)The provisions of subsection (6A) shall apply where the Commission upon preliminaryinvestigations has established grounds to reasonably suspect that the public or state officer islikely to-
• (a)conceal,alter,destroy,orremove records,documents orother evidence;
• (b)intimidate,threatenorotherwise interferewith witnesses:or
• (c)interfere with investigations in any
• other manner.

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

PublicProsecutions"

Delete the expression"Attorney-General"and

substitute therefor the expression"Director of PublicProsecutions"

2006).

The Labour s.35(1)(k)Delete the expression"Attormey-General"and

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

substitute therefor the expressionDirector of PublicProsecutions"

| The Accountants Act,2008(No. 15of2008). | | Delete the expression“Attorney-Generaland substitute therefor theexpressionDirector of PublicProsecutions" | |---------------------------------------------------|--------------|---------------------------------------------------------------------------------------------------------------------------------| | The International Crimes Act, 2008(No.16of 2008). | 5.5 | Delete the expression“Attorney-General”and substitute therefor the expression"Director of PublicProsecutions". | | | s.19(2) | Delete the expression“Attorney-General"and substitute therefor the expression“Director of PublicProsecutions" | | | s.19(3) | Delete the expression"Attorney-Generaland substitute therefor the expressionDirector of PublicProsecutions" | | | s.21(1)(b) | Delete the expression“Attorney-General"and substitute therefor the expression“Director of PublicProsecutions" | | | s.23(2) | Delete the expression“Attorney-General"and substitute therefor the expression“Director of PublicProsecutions" | | | S.24 | Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director ofPublicProsecutions" | | | s.25(3)(a) | Delcte the expression"Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions" | | | s.26(1) | Delete the expression"Attorney-General"and substitute therefor the expression“Director of PublicProsecutions" | | | s.26(2) | Delete the expression“Attorney-Generaland substitute therefor the expression“Director of PublicProsecutions" | | | s.76 | Deletetheexpression "Attorney-General" whereverit appearsand substitute therefor the expression“Director of PublicProsecutions" | | | s.77(2) | Deletetheexpression“Attorney-General whereverit appears and substitute thereforthe expression"Director of PublicProsecutions" |

| s.78 | Delete the expression"Attorney expression "DirectorofPublicProsecutions' | |---------|----------------------------------------------------------------------------------------------------------------------------------| | s.79 | Deletetheexpression"Attorney-General wherever it appears andsubstitute therefor the expression"Director of PublicProsecutions" | | S.84 | Deletetheexpression“Attorney-General whereverit appears andsubstitutethereforthe expression“Director ofPublicProsecutions" | | s.85(4) | Delete the expression"Attorney-General"and substitute therefor the expression“Director of PublicProsecutions". | | s.86 | Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director of PublicProsecutions" | | s.87(1) | Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director of PublicProsecutions" | | S.88 | Deletetheexpression"Attorney-General” wherever it appears and substitute therefor the expression“Director of PublicProsecutions” | | s.89 | Deletetheexpression "Attorney-General" wherever itappears and substitutethereforthe expression"Director ofPublic Prosecutions" | | 5.90 | Delete the expression"Attorney-General"and substitute thereforthe expression"Director of PublicProsecutions" | | s.91 | Deletetheexpression"Attorney-General" wherever it appearsand substitute therefor the expression"Director ofPublicProsecutions" | | s.92 | Deletetheexpression "Attormey-General" wherever it appears and substitute therefor the expression“Director ofPublicProsecutions" | | | s.93(2)(b)Delete the expression"Attorney-Generaland PublicProsecutions" | | S.94 | Deletetheexpression“Attorney-General" wherever it appears and substitute therefor the expression"Director ofPublicProsecutions" |

s.95 DeletetheexpressionAttorney-General" whereverit appears and substitute therefor the expression"Director of PublicProsecutions"

s.96(1) Delete the expression"Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions

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

s.102(2) Deletetheexpression"Attorney-General wherever it appears and substitute therefor the expression"Director ofPublicProsecutions"

s.102(3) Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director ofPublicProsecutions"

s.103 Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director ofPublicProsecutions"

S.104 Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director of PublicProsecutions"

s.105 Deletetheexpression"Attorney-General wherever it appears and substitute therefor the expression"Director of PublicProsecutions"

s.106 Delete theexpression"Attorney-General"and substitute therefor the expression"Dircctorof Public Prosecutions"

S.107 Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director ofPublicProsecutions"

S.108 Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director ofPublicProsecutions"

s.109

Deletetheexpression "Attorney-General" wherever it appears and substitute therefor the expression"DirectorofPublicProsecutions"

s.110 Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director of PublicProsecutions"

• s.111 Delete the expression "Attorney-General"and substitute therefor the expression"Director of
• PublicProsecutions"
• s.112(1) Delete the expression"Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions'.
• s.112(3) Delete the expression"Attorney-Generaland substitute therefor the expressionDirector of PublicProsecutions".
• Delete theexpression"Attorney-General"and substitute therefor the expressionDirector of
• s.112(4) PublicProsecutions".
• s.113(2)
• Delete the expression"Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions"
• Delete theexpression"Attorney-General"and substitute therefor theexpressionDirector of
• s.113(3) PublicProsecutions"
• s.114(1) Delete the expression"Attorney-General"and substitute therefor the expression"Director of PublicProsecutions"
• Delete the expression"Attorney-Generaland substitute therefor the expression"Director of
• s.114(2) Public Prosecutions"
• Delete the expression"Attorney-General"and substitute therefor the expressionDirector of
• s.115(1) PublicProsecutions"
• s.116 Delete the expression"Attomey-General"and substitute therefor the expression"Director of PublicProsecutions"
• s.118(2) Delete the expression"Attormey-General"and
• substitute therefor the expressionDirector of Public Prosecutions"
• s.119
• Deletetheexpression"Attorney-General" wherever it appears and substitute therefor the expression"Director ofPublicProsecutions"

| s.120 | Deletetheexpression "Atorney-General" wherever it appears and substitute therefor expression"Director of Public Prosecutions" | |----------|---------------------------------------------------------------------------------------------------------------------------------| | s.121(b) | Delete the expression"Attorney-Generaland substitute therefor the expression“Director of PublicProsecutions" | | s.122 | Delete the expression"Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions" | | s.124 | Delete the expression"Attorney-General"and substitute therefor the expression“Director of PublicProsecutions". | | S.126 | Deletetheexpression"Attorney-General whereverit appears and substitute therefor the cxpression"Director of PublicProsecutions" | | s.127(6) | Delete the expression"Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions" | | s.129 | Deletetheexpression"Attormey-General wherever it appears and substitute therefor the expression"Director of PublicProsecutions" | | s.153(1) | Delete the expression"Attorney-Generaland substitute therefor the expression"Director of PublicProsecutions" | | s.153(2) | Deletethewords“Attorney-Generaland substitutethereforthewords"Directorof Public Prosecutions" | | s.154 | Deletetheexpression“Attorney-General whereverit appears and substitute therefor the expressionDirector of Public Prosecutions" | | s.155 | Deletetheexpression"Atlorney-General” wherever itappears and substitute therefor the expression"Director ofPublicProsecutions | | s.156 | Delete the expression“Attorney-General"and substitute therefor the expressionDirector of PublicProsecutions" | | s.157 | Deletetheexpression"Attorney-General wherever it appears and substitute therefor expressionDirector ofPublicProsecutions" |

s.158

s.159

Deletethe expression"Attorney-General"

wherever it appearsand substitute therefor the expression"DirectorofPublicProsccutions"

Deletetheexpression"Attorney-General whereverit appears andsubstitute therefor the expression"Director of PublicProsecutions"

s.160 Deletetheexpression"Attorney-General wherever it appearsand substitute therefor the expression"DirectorofPublicProsecutions"

s.168

Deletetheexpression"Attorney-General" wherever it appcars and substitute therefor the expression"Director of Public Prosecutions"

S.171

The Biosafetys.53 Act,2009(No.2 of2009).

The Merchants.16 Shipping Act, 2009(No.4of 2009).

TheVettingofs.18(1) Judges and Magistrates Act, 2011(No.2of 2010).

The Prevention s.14 of Organised Crimes Act, 2010(No.6of 2010).

Delete.theexpression "Attorney-General" wherever it appears and substitute therefor the expression"Director ofPublicProsecutions"

Deletetheexpression"Attorney-General wherever itappears and substitute therefor expression"Director ofPublicProsecutions

Delete.

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

PublicProsecutions.

Delete the expression"five hundred thousand shillings"and substitute therefor the words

"ten million shillings."

• (3) Deletetheexpression"thirtydays"and substitute therefor the words"ninety days"

s.17(9) Delete paragraph (b)and substitute therefor

the followingnewparagraph-

(b)Inspector-General of the National Police

Service.

The Counters.19(2)(e) Delete the expression"Attormey-General"and Traffickingin Persons Act, 2010(No.8of 2010).

s.38 Service Commission Act,2011 (No.1

The Judicial of2011).

TheIndependents.24(1) Electoraland Boundaries Commission Act (No.9of2011).

The Salaries ands.24 Remuneration Commission Act,2011 (No.

10of2011).

The Kenya 8.53 National Commission on Human Rights, 2011(No.14of 2011).

The National s.53 Genderand Equality substitute therefor the expressionDirector of PublicProsecutions.

Insert thefollowing new subsection immediately after subsection(1)-

• (lA)TheCommission shall submit the annual report to thePresidentand the National Assembly within sixmonthsafter the end of the year to which it relates.

Delete the word"threeand substitute therefor

the word"six"

Insertthefollowing new subsection immediatelyafter subsection(1)-

• (1A)The Commission shall submit the annual report in subsection(l)to thePresident and the National Assembly within six months after the end of theyear to which it relates.

Insertthefollowingnew subsection immediately after subsection(1)-

• (1A) The Commission shall submit the annual report in subsection (l)to thePresident and the National Assembly within six months after the end of theyear to which it relates.

Insert thefollowingnew subsection

immediately after subsection(1)- Commission, 2011(No.15of 2011).

The s.23

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

The Ethics ands.27(2) Anti-Corruption Commission Act (No.22of

2011).

The Tourism s.116 Act,2011(No. 28of2011).

The National s.26(2) Police Service Commission Act (No.30of

2011).

The National s.33 Land Commission Act (No.5of2012).

• (lA)The Commission shall submit the annual report in subsection(l)to thePresident and the National Assembly within six months after the endof theyeartowhichit relates

Renumber the existing provision as subsection (1).

Insertthefollowingnewsubsection

immediately after subsection(1)-

(1A) The Commission shall submit the annual reportin subsection (l)to thePresident and the National Assembly within six months after thecnd of theyear towhich it relates.

Delete the word"threeand substitute therefor

the word"six"

Delete the expression"Attorney-General"and substitute therefor the expressionDirector of

PublicProseculions.

Delete the word"threeand substitute therefor

the word"six"

Insertthefollowing new subsection immediatcly after subsection (1)

• (lA)The Commission shall submit the annualreportin subsection(l)tothePresident and the National Assembly within six months

The Leadership s.12A and Integrity Act,2012(No.

s.19(6)

• 5.40

19of2012).

after theend of theyear to which it relates.

Renumber the provision as subsection (1),and insert the words"or public officeafter the words"state office.

Insert the followingnew subsections-

• (2)Where a publicentity is recruiting staff it shall,within seven days after shortlisting of candidatesforanypositionforwhich appointment is considered,submit the list of alltheshortlisted candidates tothe Commission for integrity suitability verification.
• (3)The Commission shall upon receipt of the list of shortlistcd candidates verifythe informationregarding themandmake recommendations to the public entity on the integrity suitability of the shortlisted persons.
• (4)Inmakingrecommendationsunder subsection(3),the Commission may consider any other information with respect to the integritysuitabilityofthe applicant
• (5)The recruiting entity shall take into account the recommendations on the integrity suitabilityofthecandidatesinmaking appointment decisions.

Deletethewords "fail tosubmit annual statements ofaccountand substitute thcrefor thewordsfails tosubmitstatementsof account annually asrequired under section 19 (3)"

Renumber the provision as subsection (l)and insert the following newsubsection-

• (2)The High Court may upon application byany person,declare the assumption of officebyastateofficertobe invalid forwant ofexecuting a commitment to the specific leadership and integrity code.

Insertthefollowing new subsection Service Commission Act,2012(No. 20of2012).

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

91`s

The ScrapMetals.2 Act,2015(No.1 of2015)

immediately after subsection(l)-

(lA) The Commission shall submit the annualreport in subsection(2) to thePresident and the National Assembly within sixmonths afterthe end of theyear towhich it relates.

Delete the word"three"and substitute therefor

the word "five"

Insert the followingnew definitions in proper alphabetical sequence-

"Authority"means the Kenya Revenue

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

"criticalnationalinfrastructure" means physical and virtual assets or facilities, whetherowned by private orpublic entities whichare essential to the provision ofvital servicesto the public for theirsocial and economic wellbeing,and which if destroyed degradedorrenderedunavailable,would impact on the social or economicwellbeing of thenation oraffect thegovernment's ability to

undertake national defence and security;

"electrical rewindermeans a person who deals in the repair or rewinding ofclectric motors;

"smeltermeans an installation or factory for smelting metal from its ore or meansa

person engaged in the business of smelting"; and

"steel fabricators"means an installation

orfactoryfortheproductionofmetal structures using a range of processes such as The Controller s.19 ofBudget Act, 2016(No.26of 2016).

TheWaterAct,s.I4(1)( 2016(No.43of cutting,bendingorassembling, generates scrap metal in their processes.

The ExciseDutyParagraph 1Delete- Act,2015(No.ofPartIof 23of2015). the First Schedule

• (a)theexpression3905.91.00 Emulsion VAMandsubstitutethereforthe expression "3905.91.00 Imported copolymers";
• (b)the expression 3905.19.00 Homopolymers"and substitute therefor the expression3905.19.00 Imported polymers,and
• (c)theexpression"3906.90.00Emulsion B.A.M."and substitutetherefor the expression "3906.90.00 Imported acrylic polymers"

following subsection

Insert the new immediately after subsection(2)-

• (2A)The Commission shall submit the annualreport in subsection (2) to the President and the National Assembly within six months after the end of theyear towhich it relates.

Insert the following new paragraph immediately after paragraph (e)

2016).

• (ea)the Attorney-General orhis representative.
• s.17(1) Insert the words"and in accordance with the guidelinesmadebytheSalariesand Remuneration Commission" immediately after the word"appointment."
• s.31(1) Delete and substitute therefor the following newsubsection
• (1)Thepowers and functionsof the Water
• performed under the direction ofa Water

which Harvesting and Storage Board which shall consist of-

• (a)a chairperson,who shall be appointed by thePresident;
• (b)the Principal Secretary responsible for mattersrelatingtofinanceorhis representative;
• (c)the Principal Secretary responsible for mattersrelatingtowaterorhis representative;
• (d)the Principal Secretary responsible for mattersrelating to land;
• (e)five other members appointed by the
• Cabinet Secretary;
• (the Chief Executive Officer.
• s.33(1) Delete the words"the Cabinet Sccretary for Public Service may determine on the advice of the Salaries and Remuneration Commission" and substitute therefor the words "may be specified in theinstrument of appointment and inaccordancewith theguidelinesmadeby the Salariesand 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 Seeretary responsible for mattersrelatingtofinance or his representative;
• (c)the Principal Secretary responsible for matters. relating water orhis representative;
• (d)the Attorney-General representative;
• orhis
• (e)the Chief Executive Officer;and

• s.73
• sixothermemberswhoshall be appointed by the Cabinet Secretary
• from counties within the basin area.
• 8.66 Insertthefollowingnew 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 respectivewater works agency on such terms and conditions as maybespecifiedintheinstrumentof appointment and inaccordancewiththe guidelinesmadebytheSalariesand Remuneration Commission.
• s.71(1) Delete and substitute therefor the following new.subsection-
• (1)The powersand functions ofthe
• RegulatoryBoard shallbe exercised and performedunderthedirectionofthe Regulatory Board,which shall consist of-
• (a)a chairperson,who shall be appointed bythe President;
• (b)the Principal Secretary responsible for mattersrelatingtofinanceor his representative;
• (c)the Principal Secretary responsible for matters relatingtoWaterorhis representative:
• (d)the Attormey-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 Servicemay determine on the advice of the Salaries and Remuneration Commission" andsubstitutethcrefor thewordsmaybe specified in theinstrument ofappointment and in accordance with theguidelinesmade by the

The Bribery Act,2016(No. 47of2016).

s.115(2)

Salaries and Remuneration Commission.

Delete and substitute therefor the following newsubseclion

• (2)The Board of Trustees shall consist
• of-
• (a)a chairperson,who shall be appointed bythe President:
• (b)the Principal Secretary responsible for mattersrelatingtofinance orhis representative;
• (c)the Principal Secretary responsible for mattersrelatingtoWaterorhis representative;
• (d)the his
• Attorney-General representative;
• (e)the Chief Executive Officer;and
• ()sixothermembers
• recruitedin accordance with the First Schedule and appointed by the Cabinet Secretary.
• Delete and substitute therefor the following s.118(1) newsubsection-
• (1)TheFund shall have a Chief Executive Officerwho shall beappointed by the Cabinet Secretaryon therecommendationof theBoard of Trustees on such terms and conditions of serviceas may be specified in the instrument ofappointment and in accordance with the guidelinesmadebythe Salariesand
• Remuneration Commission.

Deletetheexpression "Bribery Actand

substitutethereof.theexpression "AntiBribery Act"

Insert the words"public entity"immediately

after thewordspublic officers

• Delete the word "who"and substitute therefor
• the wordsif 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 "andand substitute therefor the word"or".
• Deletethemarginal noteand substitute
• s.10 entity".
• Deletethewords holding aposition of
• s.14(1) authority".
• Delete the words"within the meaning of
• s.15(1) sections1land 12"

The Public s.90(1) Service Commission Act,2017 (No. 10of2017).

Delete theword"threeand substitutetherefor the word"six"

The Energy Act,s.2

2019)

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

Insert the following new definition in proper

alphabetical sequence-

"distribution licencemeans a document or instrument authorising a person to distribute energyinthemanner describedinthe documentor instrument,inthatperson's authorised area of supply for the purpose of enabling supply topremisesin that area and to alsoreceivebulksupplyfromanother

licensee;

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

(ea)thePrincipal Secretary of theMinistry for the time being responsible formatters relating tofinance orhis orherrepresentative.

• s.4(1)(D(i)Delete the word"theand substitute therefor the word"a".

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

s.10

• s.11

therefor the words"criticalnational"

Insert the followingnew section immediately

New aftersection6-

National 6A.The Cabinet Secretary.in Energy consultationwiththerelevant Efficiency and 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"aimmediately after the

• word"of".

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

Delete paragraph (i)and substitute therefor thefollowingnewparagraph

• (i)make proposals to the Cabinet Secretary forpurposes ofmakingregulations on energy efficiency and conservation.
• Renumber the provision as subsection (l)and add thefollowing subsections-
• (2)Notwithstandingsubsection (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 bemade in accordance with section 10

s.12(1)(e)

Delete.

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

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

Delete the phrase"half of aappearing in

s.20(1) paragraph (a).

s.20 Delete the word "leviesappearing in the

proviso.

• s.20(4)

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

s.22(2) Delete the words"onc millionand substitute therefor the word"five million".

s.24

(l)Insert thewords"criticalnational immediatelyafterthe word"the

Insert the followingnewsections immediately after section(1)-

• (lA)A state entity responsible for critical national infrastructureshall 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 theNumerical Machining Complex and Kenya Shipyard Limited,the respective state entity through a written consent from thc Numerical MachiningComplexandthe Kenya Shipyard Limited,shall seck approval from the Council to partner with a local smelter directly without involvingabroker.
• Delete the wordtenand 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 importimmediately after theword"export"

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

• Insert the words "in consultation with the Authority." immediatelyaftertheword

s.26(3) "Secretary"

• s.26 Insertthefollowingnewsubsection

immediatelyaftersub section(3)-

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

s.117

s.129(2)

ensurecompliance with the approved limits.

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

s,30(1)(a) Insertthewords "critical national" immediately after the word"vandalized"

• s.30(1(e)(iiInsert the wordssmelter,electrical rewinder steel fabricatorimmediately 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) Insertthefollowing new paragraph immediately after paragraph (g)-

(h)the ManagingDirectorofKenya Power and Lighting Company PLCor his or her representative.

s.82 Deletethe word "Authorityand substitutc therefor the expression"Renewable Energy Resource Advisory Commiftee

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 halfof a".

Delete the word"threeand substitute therefor the word"four".

Delete the word licenceand substitute

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

s.154(2) Deletetheword "meters"and substitute thereforthe 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 beliable 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 electricitysupply lines,or byinevitable 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)TheCabinetSecretarymaymake regulations to give effect tothissection subject to the grid attaining the quality and reliability ofsupply and service as prescribed bytheAuthority

s.167(1)

Delete the expression"(1)"

s.167(1 Deletethe word"electrician"appearingin paragraph(o)andsubstitutetherefor the

words"electrical worker"

Delete and substitute therefor the following new subsection-

• (2)Any vessel that isused toconvey the vandalised or stolen cquipment or appliances referred toin subsection(l)shall be forfeited

to the State.

8.187 Delete the words"coordinate the development and implementation ofaand substitute thereforthewords"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 andsubstitutethereforthewords"in consultation with".

s.216(1)

Delete the word"Consolidated"

MEMORANDUMOFOBJECTSANDREASONS

The Statute Law (Miscellaneous Amendments) Bill,2022 seeks to

make various amendments to various statutes.It is in keeping with the practice ofmakingminor amendments which donot merit the publication ofseparateBillsinto oneBill.

The Bill containsproposed amendments to the followingstatutes-

The Judicature Act(Cap.8)

The Bill proposes to amend theJudicature Act to increase thenumber ofjudgesof theCourt ofAppeal 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 theprovisions ofArticle 157(2) of the Constitution relating to the functions of the Director of Public Prosecutions.

The VexatiousProceedings Act(Cap 41)

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

The Penal Code(Cap.63)

The Bill proposes to amend section 146of thePenal Code by deleting

expressions therein that may beperceived to be discriminatory towards personswithmental disabilities.

The Criminal Procedure Code(Cap.75)

The Bill proposes to amend the Criminal Procedure Code to harmonise the terms therein with theprovisions of the Constitution and the National Police Service Act,20l1.It additionally proposes toamend the Act to allow theDirector ofPublicProsecution to.delegatehispowers to specified officers and to delete offences provided for in the Sexual OffencesAct,2006.

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

The Bill proposesto amend the Extradition(Commonwealth Countries) Act to harmonise its provisions with the functions of the DirectorofPublicProsecutions underArticle157(2)ofthe Constitution.

The Evidence Act (Cap80)

The Bill proposes to amend the Evidence Act to expand the definition of"photograph"by allowing the presentation and admissibility ofdigital photographsin line with current technological advancements.It also seeks todelete,expressions in the Actwhich may be perceived tobe discriminatory towardspersons 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 itsprovisionswith the functions of theDirectorof Public Prosecutions underArticle 157(2)ofthe Constitution.

The PublicHolidays Act (Cap.110)

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

shall beknown as Utamaduni Day.

The Official Secrets Act (Cap.187)

The Billproposes to amend the Official Secrets Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article 157(2)ofthe 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 ProsecutionunderArticle157(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 underArticle157(2)ofthe 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 Article157(2)ofthe Constitution.

The Land Consolidation Act (Cap.283)

TheBill proposes to amend the Land Consolidation Act to harmonise its provisions with the functions of the Director of Public Prosecution underArticle157(2)oftheConstitution.

The Land Adjudication Act (Cap.284)

The Bill proposes to amend theLand Adjudication Act to harmonise its provisions with the functions of the Director of Public Prosecution underArticle157(2)oftheConstitution.

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 underArticle 157(2)oftheConstitution.

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 ofPublicProsecutionunder Article 157(2)ofthe Constitution.

The Capital Markets Act (Cap.485A)

The Bill proposes to amend the Capital Markets Act to harmonise its

provisionswith the functions of the Director of PublicProsecution under Article157(2)oftheConstitution.

The Architectsand Quantity Surveyors Act (Cap.525)

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

ThePreventionofFraud (Investments)Act,1977 (N0.1of1977)

The Bill proposes to amend the Prevention of Fraud (Investments) Act to harmoniseitsprovisionswith thefunctions of theDirectorof Public ProsecutionunderArticle 157(2)ofthe Constitution.

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

The Bill proposes to amend the HigherEducation LoansBoard Act to harmonise its provisions with the functions of the Director of Public Prosecution under Article157(2)of the Constitution.

The Retirement Benefits Act,1997 (No.3 0f 1997)

TheBill proposes to amend the Retirement BenefitsAct to harmonise itsprovisions with the functionsof the Director ofPublic Prosecution underArticle 157(2)ofthe 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 Prosccution under Article 157(2)ofthe Constitution.

The Central Depositories Act,2000(No.4of2000)

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

The Copyright Act,2001 (No.12of2001)

The Bill proposes to amend the Copyright Act, 2001 to make provisions for the cquitable remuneration ofperformers and produces of soundrecordingsand expandtheresponsibilitiesofcollective management organisations towards the authors andperformers.

It is also proposes to bring collective management organisations underregulation by theBoard in order to enhance their efficiency.

The Anti-Corruption and Economic Crimes Act,2003 (No.3of2003)

The Bill proposes to amend the Anti-Corruption and Economic CrimesAct to harmonise itsprovisionswith the functions of the Director ofPublic Prosecution under Article157(2)of the Constitution.It also proposes to amend the Act to allow the Commission to seek fora court order for aState Officerunderinvestigation or charged withcorruption 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 investigationsin any way.

The Sexual OffencesAct,2006(No.3of2006)

TheBill proposes to amend the Sexual OffencesAct to harmonise its provisions with the functions of the Director ofPublic Prosecution under Article 157(2)ofthe Constitution.

The National Museums and Heritage Act,2006 (No.6 of2006)

The Bill proposes to amend the National Museums and Heritage Act to harmonise its provisions with the functions of the Director ofPublic ProsecutionunderArticle 157(2)ofthe Constitution.

TheLabourInstitutions Act,2007 No.12of2007)

The Bill proposes to amend theLabour Institutions Act,to harmonise its provisions with the functions of the Director of Public Prosecution under Article157(2)ofthe Constitution.

The AccountantsAct,2008(No.15of2008)

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

TheInternational CrimesAct,2008(No.16of2008)

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

Biosafety Act,2009 (No.2of2009)

The Bill proposes to amend the Biosafety.Act to harmonise its

provisions with the functions of the Director of PublicProsecution under Article 157(2)ofthe Constitution.

The Merchant Shipping Act,2009 (No.4of 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 serviceprovider,general ship contractor,haulage,empty container depots,ship chandler or such other services.Thiswas on the request of the Office of thePresident following the declaration of the section asunconstitutional by the High Court in September,2020 and to allow for the revival ofthe Kenya National ShippingLine.

The Prevention of Organised Crimes Act,2010 (No.6of2010)

The Bill proposes to amend the Prevention of Organised Crimes to

harmonise theprovisions ofthe Act with theprovisions of Article157(2) ofthe Constitution relating tothe functions of the Director ofPublic 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 authorisedofficer in place of"Commissioner of Police"

The Counter-Trafficking in Persons Act,2010 (No.8of2010)

The Bill proposes to amend the Counter-Trafficking in Persons Act to

harmonise theprovisionsof the Actwith theprovisionsof Article 157(2) of the Constitution relating to the functions of the Director of Public Prosecutions.

TheJudicial Service Commission Act,2011 (No.1of2011)

TheBill seeks to amend the JSCAct to require thepresentation 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.9of2011)

The Bill seeks to amend the Independent Electoral and Boundaries

Commission Act to require thepresentation ofits annual report within six months to the endof theyear towhich it relates.

The Salaries and Remuneration Commission Act,201l (No.l0 of 2011)

The Bill seeks to amend theSalaries and Remuneration Commission Act torequire thepresentation ofitsannual reportwithin sixmonthsto the end of theyear towhich itrelates.

The Kenya National Commission on Human Rights Act,201l (No.14

of2011)

The Bill secks to amend the Kenya National Commission on Human Rights Act to require the presentation of its annual report within six months totheend oftheyear to which itrelates.

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 ofits annual report within six months to the end of theyear towhich it relates.

The Commission on Revenue Allocation Act,2011 (No.16of2011)

TheBill seeks to amend the Commission on Revenue Allocation Act to require thepresentation ofits annual report within sixmonths to the end oftheyear towhich it relates.

The Ethics and Anti-Corruption Commission Act,201l (No.22of 2011)

The Bill seeks to amend the Ethics and Anti-Corruption Commission Act to require thepresentation ofitsannualreportwithin sixmonths to the end of theyear towhich it relates.

The Tourism Act,2011(No.28of2011)

The Bill proposes to amend the Tourism Act to harmonise the Constitution relatingtothefunctionsofthe Director of Public

provisionsof the Act with the provisions of Article157(2)of the Prosecutions.

The National Police Service Commission Act,2011 (No.30of2011)

The Bill seeks to amend the National Police Service Commission Act to extend the period of its annual report to sixmonths after the expiry of theyear towhichitrelates.

The National Land Commission Act,2012(No.5of2012)

The Bill seeks to amend the National Land Commission Act to require thepresentation ofits annualreport within sixmonths to theend of theyear towhich itrelates.

Leadership and Integrity Act,2012 (No.19of2012)

TheBill proposes to amend the Leadership and Integrity Act to allow the Ethicsand Anti-Corruption Commission to verify the suitability of candidates intending to apply to be appointed toa public entity and to makerecommendation to therecruitingentity on theintegrity suitabilityof the candidates.It additionally proposes to allow the High Court on

application by any person,to declare the assumption ofoffice by a state officer tobe invalid for want ofexecutinga commitment to the specific Leadership and Integrity Code.

The Teachers Service Commission Act,2012 (No.20of2012)

The Bill proposes to amend the Teacher Service Commission Act to

require the presentation ofitsannual report to be done within sixmonths afterthe expiry oftheyear towhich it relates.

The National Transport and safety Authority Act,2012 No.33of

2012)

The Bill proposes to amend the National Transport and Safety Authority Act toprovidefor a appointment of theDirector-General for a renewableperiod of fiveyearsinstead of three.

Kenya Law Reform Commission Act,2013 (No.35of2013)

The Bill proposes to amend theKenya Law Reform Commission Act toclarify the provisions on the attendance ofex-officio members at meetings of the Commission.

TheScrap Metal Act,2015(No.1of2015)

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 alsoproposcd theregulationofimportsin addition to exports aswell as the enhancement of several penalties in theAct to deter vandalism and otherprohibited acts.

The ExciseDuty Act2015(No.23of2015)

TheBill proposes to amend the First Schedule to the ExciseDuty Act

tocorrect a mistake in a tariff number.

The ControllerofBudget Act,2016(No.26of2016)

The Bill proposes to amend the Controller ofBudget Act to require

thepresentation of the annual report within six monthsafter the expiry of theyear to which it relates.

TheWater Act,2016 (No.43of2016)

The Bill proposes to amend the Water Act to include the AttorneyGeneral as a member of the Water Resources Management Board.lt also proposes to amend the Act to require the appointments of chief executive officcrs under the Act to be in line with the Guidelines made by the Salaries and Remuneration Commission.It also proposes to amend the Act toallow designation ofrepresentatives to sit in the boards in place of designatedofficerholders.

Additionally,it proposes to amend the Act to introduce new members tothe WaterWorks Development Agencies,theWater Services RegulatoryBoard and theBoard ofTrustees.

TheBribery Act,2016 (No.47of2016)

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

ThePublic Service Commission Act,2017 (No.17of2017)

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 theyear to which it relates.

The Energy Act,2019 (No.1of2019)

TheBillproposestoamend theEnergy Act,2015 togiveeffect to the recommendations ofthe Presidential Taskforce on the Review ofPower Purchase Agreements. The proposals include:

• (a)
• Petroleum Regulatory Authority and theMinistry ofEnergy;
• (b) including the Kenya Power and LightingCompany in the Membership of the Rural Electrification and Renewable Energy Corporation established under the Act:
• winding up the Nuclear Power and Energy Agency and
• transferringitsfunctions to the Ministry and
• P subjecting the making of regulations to the attainment by the gridofthe quality and reliabilityof supply and service prescribed by the Energyand PetroleumRegulatoryAuthority to allow for compensation ofconsumers forpower outageswhen the country achievesN-I Grid Reliability status.

KIMANIICHUNG'WAH, Leader ofMajority.

Section7ofCap.8whichitisintended toamend

7.Number of Judges of Appeal and the High Court

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

Section59ofCap.9which itisintended toamend

Section4ofCap.4Iwhich it isintended toamend

4.Restraintof criminal proceedings

No criminal proceedings shall,except with the written consent of the

Attorney-General,beinstitutedby avexatious litigant in any court.

Section146ofCap.63whichit isintendedtoamend

146.Defilement ofidiots or imbeciles

Any person who,knowing a person to be an idiot or imbecile,has or attempts tohave 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 thepersonwas an idiot or imbecile,is guilty of a felony and is liable to imprisonment with hardlabourforfourteenyears.

Section2ofCap.75whichit isintended toamend

"police officermeans a police officer or an administration police

officer;

"police stationmeans a place designated by the Inspector-General as apolice stationunder section40 oftheNational Police ServiceAct,2011

publicprosecutormeans theDirector of PublicProsecutions,a state counsel,a person appointedunder section 85or a person actingunder the

direction of theDirector of PublicProsecutions;

Section83ofCap.75whichitisintended toamend

83.Delegation of powers by Director of Public Prosecution

The Director ofPublic Prosecutions may order in writing that all or

any of thepowers vested in him by sections 81and 82,and byPart VIll 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 DeputyPublic Prosecutor,the Assistant Deputy PublicProsecutor or a state counsel shall then operate as if they had been exercised by the Director ofPublic Prosecutions:

Provided that the Director of Public Prosecutions may in writing

revoke an ordermade by him under this section.

Section90ofCap.75whichit is intended toamend

90.Issue ofsummons or warrant

(3)A summons orwarrant maybeissued on a Sunday.

Section123ofCap.75whichitis intended toamend

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 isarrested or detainedwithout warrantbyan officerinchargeofa 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 asprovided hereafter in this Part.

Section131of Cap.75whichiiisintended toamend

131.Forfeiture ofrecognizance

• (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 altachment and sale of the movable property belonging to that person.or his estate if
• heisdead.

Section137ofCap.75whichitisintended toamend

137.Rules for the framing of charges and informations

The followingprovisions 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 ifit 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 ofoffence;
• (ii)the statement ofoffence shall describe the offence shorily in ordinarylanguage,avoiding as far as possible the useof technical terms,and withoul necessarily stating all the essential elements of the offence,and ifthe offencecharged isone 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 sorequired;
• (iv)the forms set out in the Second Schedule or forms conforming are applicable:and in other cases forms to the same effect or
• thereto as nearly asmay be shall be used in cases to which they conforming thereto as nearly as may be shall be used,the statement of offence and theparticularsof offence beingvaried according to the circumstances ofeach case:
• 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 cnactment constituting an offence states the offence to be the doing ofor alternative,or the doing ofor 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;
• (i) 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 ofproperty.the description ofproperty 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 ofproperty)to name theperson to whom the propertybelongs or thevalue oftheproperty:
• where the property is vested in more than one person,and the ownersof theproperty arereferred toin a charge orinformation, it shall be sufficient to describe theproperty asowned by oneof those persons by name with the others,and,if the persons owning the property are a body ofpersonswith a collective

name,such as ajoint stock company or"Inhabitants" "Trustees""Commissioners"or"Club"or other similar name,it shall be sufficient to use the collective namewithout naming any individual:

• (ii)property belonging to or provided for the use of a public establishment,service or department may be described as the propertyoftheGovernment:
• (iv)coin,bank notes and currency notesmay be described as money and an allegation as to money,so far as regards the description of theproperty,shall be sustainedbyproof of an amount of coin orofany bank or currency note(although the particular species ofcoin ofwhich the amount was composed or the particular nature of the bank or currency note is not proved);and,in cases ofstealing 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 theparty delivering it or to anotherperson and that part has been returned accordingly;
• (P Description of persons.the description or designation ina charge or information of the accused person,or ofanother 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 beingknown,or for any other reason, it is impracticable to give such a descriplion or designation,a description or designation shall bc given as is reasonably practicable in the circumstances,or the person may be described as"apersonunknown";
• e) Description of document.where itis necessary to refer toa document or instrument in a charge or information,it shall be sufficient to describe it by any name or designation by which it is usuallyknown,orby thepurport thereof,without setting out a copy thereof;
• 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 omissionreferred to;

• (g)Statement of intent.it shall not be necessary,in stating an intent to defraud,deceive orinjure,to state an intent to defraud, deceive or injure a particular person,wherethe enactment creating the offence does not make an intent to defraud,deceive orinjure 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 theparticulars of the offence;
• Use of figures and abbreviations.figures and abbreviations may beused for expressing anything which is commonly
• expressed thereby;
• Gross sum may be specified in certain cases of stealing.when aperson is charged with an offence under section 280,281,282 or 283 of the Penal Code (Cap.63),it shall be sufficientto specify the gross amount ofpropertyin respect ofwhich the offence is alleged to have been committed and the dates between which the offence is alleged have been committed without specifyingparticular timesor exact dates.

Section184ofCap.75whichitisintendedtoamend

184.Charge ofrape

Where a person is charged with rape and the court is of the opinion

that he isnot guilty of that offencebut that he isguilty of an offence under oneof the sections of the Sexual Offences Act,he may be convicted of thatoffencealthough hewas not charged with it.

Section186ofCap.75whichitisintended toamend

186.Charge of defilement ofa girl under 14 yearsof age

When a person is charged with the defilement of a girl under the age

offourteenyears and the court isof the opinion that he isnotguilty of that offence but that he is guilty ofan offence under the Sexual OffencesAct, hemay be convicted of that offence although hewasnot charged with it.

Section7of Cap.77whichit intended toamend

7.Authority toproceed

• (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 inpursuance ofa request made to the Attormey-General by or on behalfof the government of the designated Commonwealth country in which suchperson is accused or was convicted.

• (2)There shall be furnished with anyrequest
• (a)in the case of a fugitive accused of an extradition offence,an overseas warrant issued in the requesting country;
• (b) in the case ofa 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) ofthat sentence which has been served,together (in each case) with particulars ofthe fugitive concerned and of the factsupon which and the law under which he is accused or was convicted, and evidence sufficient tojustify the issueofawarrant ofarrest.
• (3)On receiving a request,the Attorney-General may issue an authority toproceed,unless it appears tohim that awarrant of surrender in that case could not lawfully be made,or would not in fact bemade,under
• this Act.

Section8of Cap.77whichit intended toamend

8.Arrest forpurposes of committal

• (1)A warrant for the arrest ofa fugitive may be issued bya magistrate-
• 1.(a)on receipt of an authority to proceed:or
• 2.(b)without an authority to proceed,upon information that the fugitive is or isbelieved tobe in or onhisway toKenya.
• (2)Awarrant 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 ofan offence,inKenya.
• (3)Where the warrant of arrest issued in respect of a fugitive is a provisionalwarrant
• 1.(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

• 2.(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 ifhehasbeen arrested under the warrant.
• (4)Where a warrant ofarrest isissued in respect ofa fugitive accused ofan offence of stealingorreceivingstolenproperty or any other offence in respect of properly,a magistrate shall have the like power to issue a warrant to search for theproperty asif theoffence had been committed in
• Kenya.
• (5)A warrant ofarrestmay be executed in any place inKenya by any person to whom it is directed or by anypolice officer.

Section9ofCap.77whichit intended toamend

9.Proceedings for committal

• (1)A person arrested inpursuanceofa warrant of arrest shall (unless previously discharged under subsection(3) of section 8) be brought as soon aspracticable before the Court.
• (2)Ifaperson is arrested in pursuance of this Act and brought before a magistratewho has no power to exercise jurisdiction under this Act,that magistrate shallhavepower to order thatperson tobebroughtbeforesome 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 ofproceedings under this section,the court shall have the like jurisdiction and powers,as nearly as may be,as it has ina trial.
• (4)Where a fugitive arrested in pursuance ofaprovisional 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 AttorneyGeneral) after which it will discharge the fugitive from custody if it has notreceived an authority toproceed.
• (5)Where the court has received an authority to procced in respect of afugitive arrested,and it is satisfied,after hearing any evidence tendered insupport of the request for the surrender or onbehalfof the fugitive,that the offence to which the authority to proceed relates is an extradition offence,and if further satisfied
• 1.(a) where the fugitive is accused of the offence,that the evidence would be sufficient towarrant his trial for that offence if it had been committed in Kenya:or
• 2.(b)where the fugitive is alleged to beunlawfully 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 thisAct,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 dischargehim from custody.

• (6)Any propertyin the possession of a fugitive committed to custody under this section at the time ofhis 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.

Section10ofCap.77whichitintended toamend

10.Application for habeas corpus,etc.

• (1)Where a fugitive is committed to custodyunder section 9,the court shall inform him of his right to make an application for habeas corpus and shall forthwith givenotice of the committal to theAttorneyGeneral.
• (2)A fugitive shall not be surrendered-
• 1.(a) in any case,until after the end of fifteen days beginning with the day on which the order forhis committal tocustody wasmade;
• 2.(b) if an application for habeas corpus is made in his case,so long
• (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 discharge from custodyif it appears to theHigh 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 ofits jurisdiction under section 6orunder subsection(3).

Section78ofCap.80whichitisintendedtoamend

78.Photographic evidence—admissibility of certificate.

• (1)In criminal proceedings a certificate inthe form in the First Schedule to thisAct,given under the hand ofan officer appointed by order of the Director of Public Prosecutions for the purpose,who shall havc

prepareda photographicprintor a photographic enlargementfrom 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 ofall facts stated therein.

Section125ofCap.80whichitisintended toamend

125.Competency generally.

• (2)Amentally disordered person or a lunaticis not incompetent1o testify unless he is prevented by his condition from understanding the questionsput tohim andgivingrational answers to them.

Section6of Cap.99which itis intended toamend

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 AttorneyGeneral.

TheSchedule toCap.110whichit is intended to amend

UtamaduniDay......1othOctober

Section 10ofCap.187whichit is intendedto amend

10.Consent toprosecution

• 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.

Section3ofCap.198whichitisintended toamend

3. Grave breach of Convention

• (3)A prosecution for an offence under this section shall not be
• instituted except by or onbehalfof theAttorney-General.

Section42ofCap.248whichitisintendedtoamend

42.Protection of persons acting under Act

• (5)No criminal proceedings shall be commenced under this Act
• without thepriorconsent in writingof the Attorney-General.

Section14ofCap.283whichit is intendedtoamend

Section33ofCap.283which itisintended toamend

33.Offences

Anyperson who-

• (a)after receiving a summons issued under this Act,w ithoul reasonable excuse neglects orrefuses to attend in pursuance ofit or toproduceany map,plan.instrument or other document w hich he isrequiredby it toproduce:or
• b withoutreasonable excuse neglects or refuses to answ er upon oath or otherwise,or knowingly gives an untrue answer to,a question lawfully put to him by an officer,committee or board
• under thisA ct,or
• C withoutreasonableexcuseneglectsorrefusestodemarcate his land, or to assist in the demarcation ofhis land,or to clear or assist in the clearing of any boundary or other line,when required to do sobyademarcation officer:or
• d) without reasonable excuse,interferes with any dem arcated boundary,or defaces,removes,inj ures or otherwise impairs any feature ofa demarcated boundary,orallows anydemarcated boundary to fall into disrepair;or
• e contravenes section 8(1)of this Act,shall be guilty of an offence andliable to a finenot exceeding three thousand shillingso r 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 thissectionshallnotbeinstitutedexceptwiththeconsent ofthe Attorney-General.

Section91ofCap.390whichit isintended toamend

91.Prohibition of gambling on loss by maritimeperils

• (3)A person shall not be prosecuted under this section w ithout the consentoftheAttormey-General.

Section10ofCap.482whichitis intendedtoamend

10.Proceedings

• (2)Any officer,asdefined in theCustomsand ExciseAct (Cap.472), shall,subject tothe 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 publicprosecutor appointed under the Criminal Procedure Code(Cap.75).

Section38ofCap.485Awhich itis intended toamend

38.Prosecution ofoffences

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

Section3ofCap.525which itisintended toamend

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.

Section27ofNo.Iof1977whichitisintendedtoamend

27.General penalty and provisions as to offences

• (3)Noproceedings for an offence undersection 7or section 17of 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 ofproceedings has not becn obtained.

Section27ofNo.3of1995whichit isintended toamend

24.Powersof inspector to prosecute

Aninspector appointed under section 22or any other p er son 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 publicprosecutor bythe Criminal ProcedureCode(Cap.75)

Section54ofNo.3of1997whichit is intended toamend

54A.Conductofprosecutions

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

Section94ofNo.12of1997whichitisintended toamend

94.Offences

• (3)The Attorney-General may,pursuant to the provisions of the Criminal Procedure Code (Cap.75),appoint public prosecutors for case s arisingunder the provisionsofthisAct.

Section63ofNo.4of2000whichitisintendedtoamend

63.Prosecution

The Altormey-General may on the request of the Authority appoint

any officer ofthe Authority or advocateof the High Court to bea prosecutor in respect of any offence under thisAct.

Section2ofNo.12of2001whichitisintendedtoamend

collective management organisation means an organisation approved and authorized by the Board which hasas itsmain object,or one of its main objccts,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;

Section30BofNo.12of2001whichitis intendedtoamend

30B. Collection andpayment ofroyalty

• (1)Subject to the provisions of sections 28and 30 of this Act,the Kenya Revenue Authority or any other designated entity by the Board shall collect royaltieson behalf of collectivemanagement organizations
• licensed torepresent performers and owners of soundrecordings.
• (2)All claims for compensation under this section shall be made throughthe collectivemanagement organizations representativeof
• coliective 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.

Section46ofNo.12of2001whichitisintendedtoamend

46.Collective administration of Copyright

• (1)No person or association ofpersons shall commence or carry on the business of a copyright collective management organisation except under or in accordance with a certificate ofregistration granted under this section.
• (2)Applicationsforregistrationascollectivemanagement organisations shall bemade 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 classesofrelevant copyrightowners 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 twelvemonths from the date ofissue.
• (3A)Where the collective management organization has not submitteda 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 ofthe completelicense if the license issubsequently issued.
• (4)The Board may approve a collective management organisation if it is satisfiedthat-
• (a)the body is a company limited by guarantee and incorporated under the CompaniesAct,2015:
• (b)it is anon-profit makingcntity:
• C) its rules and regulations contain such other provisions as are prescribed, being provisions necessary to ensure that the interests ofmembers of the collectingsociety are adequately protected;
• (d)its principal objectives are the collection and distribution of royalties;and
• auditorselectedby the society.
• (5)The Board shall not approve another collective managemcnt organisationin respect of the same class of rights and category ofworks if there exists another collective management organisation that has been licensed and functions to the satisfaction ofits members.

• (6)TheBoard may,where it findsit expedient,assist in establishinga
• collective management organisation for any class ofcopyright owners.
• (7)Deleted by Act No.20 of2019,s.30.
• (8)Deleted by Act No.20of2019,s.30
• (9)The Board may by notice in the Gazette and two daily newspapers ofnational circulation de-register a collective management organisation if its satisfied that the collcctivemanagement organisation
• (a)is notfunctioning adequatelyas collective management
• organisation;
• (b) is not acting in accordance with itsMemorandum and Articles of Association orin the best interests ofits members;
• C has altered its rules so that it no longer complies with subsection
• 4ofthissection;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 writen representations against deregistration within twenty one days from the date of the notice.
• (11)If,after consideration ofany written representations madein terms of subsection (lo),the Board is of the opinion that the failurein question on the part of the organisation is materially prejudicing or has registration thereof or otherwisesanction members of the Boardof Directors orManagement of the organization asset out under this Act.
• (12) Any person who purports to collect royalties from users as provided for under thissection without authorityof theBoard commitsan offence and shall be liable to a fine not exceeding five hundred thousand shillings,or to imprisonnent to a termnot exceeding fouryears,or both.

Section46AofNo.12of2001whichit isintendedtoamend

46A.Approval for imposition andcollection of levy

Notwithstanding any other provision of thisAct,no collecting society

shall-

• (a)impose or collect royalty based on a tariff that has not been
• approved andpublished in the Gazetteby the Cabinet Secretary in charge of copyright issuesin the Gazette from time to time;or

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

Section46BofNo.12of2001which it is intended toamend

46B.Qualification and tenure of Directors and Chairpersons of collective managementorganizations

• (1)Amember of a collective management organization shall be eligible for election as a director if heholds a postsecondary qualification recognizedinKenya.
• (2)A director electedunder this section shall serve for a term of three yearsand shall be eligible forre-election for one further term.
• (3)A dircctor electedasa chairpersonofa collective management organization shall hold office for a term of threeyears andshall be eligible forre-election forone further term.
• (4)Achiefexecutive officerofa collectivemanagement organization shall hold office for a term of four years and shall be eligible for evaluated by the directors.

Section46CofNo.12of2001whichitisintended toamend

46C.Role and types of collective management organizations

• (1)Authors,producers,performers,visual artists and publishers may form acollective management organization to collect,manage and distributeroyaltiesand otherremuneration accruing to theirmembers.
• (2)Any new collective management organization to deal with rights not provided for under subseclion (l)may be approvedby the Kenya CopyrightBoard asmaybenecessary.
• (3)The designated extent of operation shall be set by Regulations madeunder this Act.

Section25AofNo.3of2003whichit isintended toamend

25A. Cessation ofinvestigations

• (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 ofan offence under thisAct.

Section37ofNo.3of2003which itis intended toamend

Section62ofNo.3of2003whichit isintended toamend

• (5)Thefollowingshall applywith respect toachargein proceedings instituted otherwise than by or under the direction of the Attormey-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 bedeemed,for the purposesof this section,to be the date when thepermission is given or the proceedings are
• taken over.
• (6)This section does not apply with respect to an office if the
• Constitution limitsorprovidesfor thegroundsupon which a holder of the officemay be removed or the circumstances in which the office must be vacated.
• s.40of No.3of2006which it isintendedtoamend
• 40.Attorney-General to decide whether police investigations should be discontinued

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

Section57ofNo.6of2006whichitisintended toamend

57.Heritagewardens

• (2) Aheritage warden appointed under subsection (l) may, with leaveof the Attorney-General be appointedprosecutor forpurposes ofprosecuting offences committed under thisAct.

Section35ofNo.12of2007whichitisintended toamend

35.Powersoflabour officer

• (1)A labour officer may,for the purpose ofmonitoring or enforcing
• compliancewith any labourlaw-
• (k)without prejudice to thepowers of theAttorney-General,institute proceedingsin respect ofany contravention ofany provision of this Act or for any offence committed by an cmployer under this
• Actor any otherlabour law;

Section43ofNo.15of2008whichitisintendedtoamend

43.Conduct ofprosecutions

The Attorney-General may.persuant to theprovisions of the Criminal Procedure Code (Cap.75),appoint publicprosecutors for purposes ofthis Act.

Section5ofNo.16of2008whichitisintended toamend

5.Obligationsimposed by RomeStatute 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 beexercised or carried out on behalfof the Government ofKenya by the Attorney-General,if thisAct makesnoothcr provision in that behalf.

Section19ofNo.16of2008whichitisintendedtoamend

• (2)In addition to thegroundsofrefusal orpostponement specified in Parts IVandV,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 AttorneyGeneral 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
• channeland
• (b)in any other case,be transmitted to the Attorney-General or a person authorised by theAttorney-General toreceiverequests.
• (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 ICCRules.

Section23ofNo.16of2008whichit isintended toamend

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

Section24ofNo.16of2008whichit isintended toamend

24.Consultation

• (1)The Attorney-General or the Minister,as the case may be,shall
• consultwith the ICCwithout delay if
• (a)a request for assistance is received from the ICC that does not contain or is not accompanied by the appropriateinformation or the appropriate documents specified in articles 87,91,92,93,or 96ofthe Rome Statute;
• (b)the ICC has not provided sufficient information for a request for
• assistance to be executed:
• ()in thecaseofarequest for surrender
• (i)theperson sought cannot be located inKenya:or
• (i)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 ofarequest for assistancereceived from theICC.
• (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 beprovided-
• (a)subject to conditions;or
• (b)at a later date or in an alternativemanner.
• (3)Without limiting the types of conditionsunder which assistance may be provided,the Attorney-General may agree to the transmission of documents orinformation 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 Attormey-General transmits documents or information
• subject to the condition specified in subsection (3),the Attorney-General may subsequently consent to the disclosure of such documentsor information for use as evidence under the provisions of Parts 5and 6of the Rome Statute and inaccordance with the ICCRules.

Section25ofNo.16of2008which itis intended toamend

• (3)In this section,"Kenyan authoritiesmeans
• (a)the Attorney-General;

Section26ofNo.16of2008which it is intended toamend

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 ofthe outcome ofany action thathasbeen taken inrelation 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.

Section76ofNo.16of2008whichitisintended toamend

76.Assistance in locating or identifyingpersons or things

• (1)Where the ICCrequests assistance under paragraph 8of article 19,article56,article 64or paragraph l(a)ofarticle93of theRomeStatute in locating,or identifying and locating,a person or a thing believed to be inKenya,the Attorney-General shall give authority for the request to proceed ifhe 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-
• 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

• (i)advise the Attorney-General of the outcomeof those endeavours,

Section77ofNo.16of2008which it is intendedtoamend

• (2)The Attorney-General shall give authority for the request to
• (a)the request relates to an investigation being conducted by the Prosecutor or to anyproceedings before theICC;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 beproduced inKenya.

Section78ofNo.16of2008whichitisintended toamend

78.Taking evidence

• (1)If the Attorney-General gives authority for arequest relating to the taking ofevidence to proceed,the statement ofeach witness shall be takeninwritingon the oath or affirmation of thatwitnessby a Judge of the High Court.
• (2)The Judgewho 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.

Section79ofNo.16of2008whichit is intended toamend

79.Producing documents or otherarticles

• (1)If the Attorney-General gives authority for a request relating to the production of documents or other articles to proceed,a Judgeof the High Court may make an orderrequiring their production.
• (2)If the documents or other articles are produced,the Judge shall send them tothe Attorney-General together with a written statement
• certifying that theywereproduced 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 certifiedby the Judge to betruecopiesinstead of the originals.

Section84ofNo.16of2008whichitisintendedtoamend

84.Assistance in questioningpersons

• (1)Where theICCrequests assistance under paragraph 8of article 19,article56,article 64orparagraph 1(c)of article93of theRomeStatute in questioning a person who is beinginvestigated 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 ormay be in Kenya.
• (2)If the Attorney-General gives authority toproceed-
• (a)he shall forward the request to the appropriate Kenyan agency;
• and
• (b)that agency shall,without delay
• useits best endeavours to undertake the questioning that the ICC hasrequested;
• (ii)ensure that the answers to the questions put are recorded in writing and make any other report on the questioning asit considers to be appropriate in the circumstances:and
• (ii)advise the Attorney-General of the outcome of those endeavours and,if relevant,deliver to him the record and anyreportof the questioning.

Section85ofNo.16of2008whichit isintendedtoamend

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

Section86ofNo.16of2008whichitisintended toamend

86.Assistance in arranging service of documents

• (1)Where the ICCrequests assistance under paragraph 8ofarticle 19,article 56,paragraph 7ofarticle 58,article 64orparagraph 1(d)of article 93of the Rome Statute in arranging for the service ofa document in Kenya,the Attormey-General shall give authority for the request to proceed ifheissatisfied that-
• (a)the request relates to an investigation being conducted by the Prosecutor or any proceedings beforethe ICC;and
• (b)the person or body to be served is or may be inKenya.
• (2)If theAttorney-General gives authority for therequest toproceed, he shall forward therequest for service to the appropriateKenyan agency, and that agency shall,without delay-
• (a)use itsbest endeavours tohave the processserved-

• (i)in accordance with any procedure specified in the request; or
• Kenya,or ifno procedure is specified,in accordance with the lawofKenya;and
• (b) transmit to theAttorney-General-
• i)a certificate as to service,if the document is served;or
• (i) a statement of the reasons that prevented service,if the documentisnot 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 ofarticle 58oftheRomeStatute.

Section87of No.16of2008whichitisintended toamend

87.Request for voluntary appearance of witness

• (1)Where the ICC requests assistance under paragraph 8 of article 19,article 56,paragraph 7of article 58,article 64orparagraph 1(e)of article 93 ofthe Rome Statute in facilitating thevoluntary appearanceofa witness before the ICC,the Attorney-General may give authority for the request toproceed 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 evidenceor information relating to theinvestigationor proceedings;and
• (c)the witness isor may be inKenya.

Section88ofNo.16of2008whichit is intendedtoamend

88.Consent required and assurances may be sought

• (1)If the Attorney-General gives authority for therequest to facilitate the voluntary appearance of a witness to proceed,he shall forward the request to the appropriateKenyan agency.
• (2)The Kenyan agcncy-to which a request is forwarded under subsection (I) shall make such inquiries as may be necessary to ascertain if theprospectivewitness consents to giving evidence or assisting the ICC.
• (3) The Attorney-General may,at any time,ask the ICC to give one ormore of the followingassurances-

• (a)that the witness will not be prosecuted,detained,or subjected to anyrestriction ofpersonal freedom by the ICCinrespect ofall or any specified acts or omissions that occurred before the person's departure fromKenya:
• (b)that the witness will be returned toKenya as soon aspracticable
• General;
• an assurance relating to such other matters as the Attorney C General thinksappropriate.

Section89ofNo.16of2008which it isintended toamend

89.Attorney-General may facilitate appearance

• (1)The Attorney-General shall assist in the making of arrangements
• tofacilitatea witnesss attendancebefore theICCifheis 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 tobedetained ina prison is subject toa sentence-
• (the variation,discharge,or suspension of the conditions of
• the person'srelease from prison;or
• (ii)the variation or suspension of the person's sentence,or of the conditions of the person's sentence;and

Section90ofNo.16of2008whichitisintendedtoamend

90.Request for temporary transfer ofprisoner

Where the ICCrequests assistance under paragraph 1(f) of article 93

of the Rome Statute in facilitating the temporary transfer to the ICC ofa Kenyan prisoner,the Attorney-General shall give authority for the request toproceed if he is satisfied that-

• (a)the request relates to an investigation being conducted by the Prosecutor or anyproceedings before the ICC;and
• (b)the prisoners attendance is sought for the purposes of
• identification or for obtaining evidence or other assistance.

Section91ofNo.16of2008whichitis intendedtoamend

91. Consent required and assurances may be sought

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

2. (2)The Kenyan agency to which a request is forwarded under if theprisonerwill consent to the transfer. 3. (3)TheAttorney-General may ask the ICCto giveone ormore of the following assurances- 4. (a)that the prisonerwill not be released from custody without the prior approval of theAttorney-General; 5. (b) that the prisoner will be returned to Kenya without delay in General; 6. assurancesrelating tosuch other mattersashethinks 7. appropriate.

Section92ofNo.16of2008whichitisintendedtoamend

92.Attorney-General may arrange for transfer

• (1)The Attorney-General may authorise the temporary transfer of a Kenyanprisoner to theICCif he issatisfied 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 bereleased 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 custodyof
• (i)a member of thepolice force;
• (i)aprison officer;or
• (ii)a person authorised for thepurpose by theICC
• (3)A direction given by the Attorney-General under subsection(2) in respect ofa prisoneris sufficient authority for therelease of the prisoner

from the prison in which the prisoner is detained,for thepurposes of the direction.

• (4)Every person released under a direction given under subsection (2)is tobe treated,for thepurposesof sections122,123and 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 thatrelease.

Section93ofNo.16of2008which itisintendedtoamend-

• (2) If a prisoner who is serving a sentence for a Kenyan offence is transferred to theICCunder section92-

2. (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 theKenyan sentence,which shall continue to run;and 3. (b)theAttorney-General- 4. may at any time notify the ICC that the prisoner is no longerrequired to bekept in custody;and 5. shall notify the ICC if theprisoner is no longer liable to be detained in a Kenyan prison.

Section94ofNo.16of2008whichitisintendedtoamend

94.Request for information about time spent in custody overseas

• (1)Ifaprisoner who is charged with or convictedofan offence against the law of Kenya (in this section referred to as"the Kenyan offence)is transferred to the ICCunder section 92 before sentence is imposed for theKenyan offence,theAttorney-Generalmay
• advise theICCof the date on which theprisoner was sentenced
• (a) for the Kenyan offence:and
• (b) request the ICCtoprovide a certificaterecordingthe totalperiod 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 (l) shall be presumed to be accurate in the absence of any evidence to the contrary
• (3) The Attorney-General may issue a certificate settingout the date andperiod 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 Alttorney-General is satisfied on such information that he has thatan accurate calculation can bemade of theperiod referred to in paragraph(b)ofsubsection (1).

Section95ofNo.16of2008whichitisintended toamend

95.Assistance in examining places or sites

• (1)Where the ICCrequests assistance under paragraph 8of article 19,arlicle 56,article 64orparagraph 1(g)of article 93of 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 therequest relates to an investigation being conducted by the Prosecutor or any proceedings before theICC.
• (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
• useits best endeavours toundertake the examination of the place or site in the manner that the ICC hasrequested;
• (ii)make such report on the examination as it considers to be
• appropriate in the circumstances:and
• (ii)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 orsite.

Section96ofNo.16of2008whichit is intended toamend

96.Request for search and seizure

• (1)Where the ICCmakes a request under paragraph 8 of article 19, article56,article 64or paragraph 1(h)of article 93of theRomeStatute for search and seizure,the Attorney-General shall give authority for the request toproceed if he issatisfied that
• (a)the request relates to an investigation being conducted by the Prosecutor or any proceedings before the IOC,and
• (b)any thing relevant to the investigation or proceedings is or may belocated inKenya.
• (2)If the Attorney-General gives authority for therequest toproceed, he may authorise a member of the police force,in writing.to apply to a Judgeof theHigh Court fora search warrant under section97.

Section102ofNo.16of2008whichitisintended toamend

• (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 103ofNo.16of2008whichiris intended toamend

103.Disposalofthings seized

• (1)Ifa member of the police force scizes a thing under a warrant issued under section 97,it shall be delivered into thecustody and control of-
• (a)the CommissionerofPolice:or
• (b)acommissionedofficerofpolicedesignatedbythe
• Commissioner to receive things seized under this Act.
• (2)The Commissioner of Police ordesignated officer shall-
• inform the Attorney-General,without delay,that the thing has
• (a) beensodelivered;
• (b) retain the thing fora periodnot exceeding threemonthsfrom the day on which the thing was seized,pending the AttorneyGeneral's direction under subsection (3)abouthow to deal with it;and
• (c)comply with any direction that the Attorney-General gives him.
• (3)TheAttorney-General may,bywritten notice,give the Commissioner ofPolice orthe designated officer a direction
• (a) requiring the Commissioner or designated officer to send the thingtotheICC;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 rcturn the thing seized to the person fromwhose possession it was seized as soon as practicable.if
• a) the ICC advises that thething isnot required for theProsecutor's investigation or itsproceedings: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 toreturn the thing to theperson from whom it was seizedif
• (a)the thing is the subject ofa dispute as to who is entitled toit;

• (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.

Section104ofNo.16of2008whichitisintendedtoamend

104.Facilitating provision ofrecords and documents

• (1)Where the ICCmakes a request under paragraph 1(i)ofarticle93 of the Rome Statute for theprovision ofrecords and documents,including official records and documents,the Attorney-General shall give authority for therequest toproceed if heis 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 inKenya.
• (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-
• use its best endeavours to locate and make available the document orrecord sought;
• (ii)make such report on its endeavours as it considers to be appropriatein the circumstances:and
• (ii) deliver the document orrecord,if located,to the AttorneyGeneral.
• (3)This section does not confer on any person power to require the productionofadocument orrecord.

Section105ofNo.16of2008whichitisintendedtoamend

105.Protecting victims and witnesses and preserving evidence

• (1)Thissection shall apply if theICCrequests-
• (a) assistance under paragraphl(j)ofarticle93of theRome Statute inprotecting victims and witnessesorpreserving evidence;or
• (b) assistance underparagraph 8of article 19,or paragraphs 2or 3 ofarticle56,in preservingevidence.
• (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)theassistance sought isnotprohibited byKenyan law
• (3)Ifthe Attorney-Generalgives authority for therequestto proceed-
• (a)he shall-
• ()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;
• (i)make such report on its endeavours as it considers to be
• appropriate in the circumstances;and
• (ii)deliver thereport to the Attorney-General.

Section106ofNo.16of2008whichitis intended toamend

106.Request relating to property associated with crime

Where the ICCrequests assistance under paragraph 1(k)of article93

of the Rome Statute in identifying,tracing and freezing,or seizing,any property for thepurpose of eventual forfeiture,the Attorney-General shall give authority for therequest to proceed if he is satisfied that

• (a)the request relates to an international crime that is being investigated by the Prosecutor,or which isthe subjectof proceedings before theICC:and
• (b)the property concerned is or may be located inKenya.

Section107ofNo.16of2008whichitisintendedtoamend

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 ormore ofthe followingorders orwarrants

• (a)a search warrant in respect of property under Part Bof the
• Second Schedule:
• (b)a restraining order under Part Cof the Second Schedule;
• (c)a production order under Part D of the Second Schedule
• (d)a monitoringorder under Part Eofthe Second Schedule.

Section108ofNo.16of2008whichitisintendedtoamend

108.Request for other types of assistance

• (1)Where the ICC requests any other type of assistance under paragraph 1(l) of article 93of the Rome Statute for the purposes of facilitating the investigation and prosecution of crimes within the jurisdiction ofthe ICC,the Attorney-General shall give authority for the request toproceed if he is satisfied that
• (a)the request relates to an investigation being conducted by the Prosecutor or anyproceedings before the ICC;and
• (b)the assistance sought isin accordance with Kenyan law.
• (2)If the Attorney-General gives authority for the requestto proceed-
• (a)he shall
• (i)take such steps as the Attorney-General thinks appropriate in theparticular case:and
• (ii)forward the request to the appropriateKenyan agency,and
• (b)that agency shall,without delay-
• (i)use itsbest endeavours to give effect to the request;
• (ii)make such report on its endeavours as it considers to be appropriate in the circumstances:and
• (ili)deliver thereport to the Attorney-General.
• (3)If the Attomey-General considers that the assistance sought cannot lawfully be provided,he shall,before refusing the request,and in accordancewith paragraph5ofarlicle93of theRome Statute
• (a)consult with the ICC:and
• (b)consider whether the assistance can be provided subject to conditions orwhetherit can beprovided ata later date orin an alternative manner.

Section109ofNo.16of2008whichitisintended toamend

109.Refusal of assistance

[Rev.2009]

• (1)The Attorney-Generalshall refuse a request by the ICCfor assistance to which thisPart applies if

• (a) the ICC doesnot accept the conditions suggested in order to implement therequest ascontemplatedbyparagraph5of article 93oftheRomeStatuteand section 108(3):
• (b) the ICCdeterminesunder article 18orarticle 19 of the Rome Statute that the case to which the request relatesis 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 thisPart appliesif
• (a)Part VIll (which relates to the protection ofnational security or thirdparty information)applies;
• there are competing requests from the ICC and a State that is not aparty to the Rome Statute relating to the same conduct and
• (b) section59(4)(asappliedbysection114)applies;or
• (c)there are competingrequests from the ICCand a State that isnot aparty to the Rome Statute relating to different conduct and section60(3)(as appliedby section 114)applies.

Section110ofNo.16of2008which itisintended toamend

10.Postponementofexecutionofassistance

• (1)The Attorney-General may postpone the execution ofarequest
• 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 112applies;
• a ruling on admissibility is pending before the ICCand section
• (b) 113applies:
• C there are competing requests from the ICC and from another State to which Kenya is under an international obligation and section114(2)(a)applies;
• (d) the request is for assistance under paragraph 1(l) of article 93of the Rome Statute and is one to which section 108(3)applies:or
• (e) a request of the kindreferred to in section 115(2)(c)is made to
• theICC.
• (2)Even ifa case isone 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 ofa request for
• assistanceunder thisPart,the postponement may be for a reasonable time and may,if the Attorney-General considers it desirable,be extended from time totime.

Section 111ofNo.16of2008whichit isintendedtoamend

111.Procedure if execution of assistance precluded under Kenyan law

If the execution of a particular measure ofassistance specified in a

request towhich this Part applies is prohibited inKenya.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 ICCin order to resolve the matter.

Section 112ofNo.16of2008whichit is intended toamend

112.Postponement where ongoing investigation or prosecution

• (1)If the immediate execution of a request by the ICCfor assistance towhich 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 postponethe execution of the request for a period oftime agreed betweenhimand 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 tocertain conditions.
• (4) If the Attorney-General decides to postpone the execution ofa request and theICCseeks assistance in the preservation ofevidence under paragraph I(i) ofarticle 93 of the Rome Statute,he shall deal with that request in accordance with this Part.

Section113ofNo.16of2008which it isintended toamend

• (2)If theICChasnotmadean order under article 18or article 19of the RomeStatute 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 admissibilityis issued.
• (3)If the ICChasmade an order under article 18orarticle 19of the Rome Statute allowing the Prosecutor tocollect evidence to which the request relates,theAttorney-Generalmay not postpone the execution ofa request under this section but shall deal with it under thisPart.

Section 114ofNo.16of2008which itis intended toamend

114.Competing requests

• (1)IftheAttorney-Generalreceivescompetingrequestsfor assistance from the ICCand from another State to which Kenya is under an obligation to respond,he shall cndeavour,after consultation with the ICCand the other State,to satisfyboth requests.
• (2)For the purposes of subsection (l),the Attomey-General may do
• eitherorboth ofthefollowing-
• (a)postpone the execution ofeither of the competing requests;
• (b)attach conditions to the provision of assistance under either or
• both of the requests.

Section115ofNo.16of2008which itisintendedtoamend

115.Requests involving conflict with other international obligations

• (1)If a request by the ICC for assistance to which thisPart applics concerns persons who,or information or property that,are subject to the control of another State or aninternational organisation under an international agreement,the Attormey-General shall inform the ICCto enableitto direct its requesttothe other Stateor international organisation.

Section116ofNo.16of2008whichit isintended toamend

116.Effectofauthority toproceed

Atany time before a formal response is sent to theICC,the Attorney General may decide that a request bytheICC for assistance to which this Part applieswill berefuscd or the executionof therequestpostponed,on a ground specified in section 109 or 110,even if he haspreviously given authorityfortherequest toproceed.

Section118ofNo.16of2008whichitis intended toamend

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

2. matter.

Section119 ofNo.16of 2008which awarded in favour of the Republic under section 178of the Criminal Procedure Code(Cap.75);or ina 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 Attomey-Generalonthe results of any actiontaken asit considers to be appropriate in the circumstances.
• (4)Nothing in this section limits or affects the provision of other typesof assistance to theICCinrelation to an ordermadeunder article 75 ofthe Rome Statute.itis intended to amend

119.Assistance with enforcement oforders for victim reparation

• (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 109ofthe RomeStatute:and
• (b) ncither the conviction in respect of which the order was imposed nor the orderrequiringreparation is subject to further appeal.
• (2)The Attorney-General shall give authority for the request to proceed if heis 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 appropriateKenyan 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 ifit 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 toenforce the order as ifit were a writof
• restitution

Section120ofNo.16of2008whichitisintendedto amend

120.Enforcementof fines

• (1)This section shall apply if

(a)theICC

• orders payment of a fineunder paragraph 2(a)of article77 ofthe Rome Statute;and
• (ii)requests that the order be enforced in accordance with article 109of theRome Statute:and
• (b)neither the conviction in respect ofwhich the order was iniposed nor the order forpayment ofa fine is subject to further appeal.
• (2)The Attormey-General shall give authority for the request to proceed ifhe is salisfied that the order
• (a)involves amonetarypenalty: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 appropriateKenyan 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
• circumstances.
• (4) Uponrecovery the fine shall be disposed of in such manner asthe
• ICCorder may specify.
• (5)Nothing in this section limits or affects the provision of other typesof assistance to theICCin relation to a penaltyimposed under article
• 77oftheRome Statute.

Section121ofNo.16of2008whichitisintendedtoamend

121.Request for forfeiture ofproperty Where

• (a)the ICCmakes an orderunder paragraph 2(b)of article 77of the Rome Statute for the forfeiture ofany property andrequests assistance under paragraph 1ofarticle109 of the Rome Statute to enforce the forfeiture order,and
• (b) neither the conviction in respect ofwhich 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

ofakind that can be enforced in themannerprovidedin sections

122to126.

Section122ofNo.16of2008whichitisintended toamend

122.Application forregistration 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 orderunder section 123 ifit is satisfied that the order or amendment to the orderis in force.

Section124ofNo.16of2008whichit isintendedtoamend

124.Notice ofregistration oforder

If the High Court registers an order under section 123,the Court may

direct theAttorney-General to do either orboth of thefollowing

• (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 inrespecl ofwhich the orderwas made)as the Court hasreason to believemay have an interest in theproperty;
• (b) publish notice of the registration in the manner and within the time the Courtconsiders appropriate.

Section126ofNo.16of2008whichitisintendedtoamend

126.Forfeiture order may be treated as pecuniary penalty order

• (1)If the Attorney-General isunable to give effect toa forfeiture order,the Attorney-General shall takemeasures to recover
• (a)the value specified by the ICC as the value of the property ordered bytheICC tobeforfeited;or
• (b)if the ICC has not specified thevalue of the property,the value that,in the opinion of the Attorney-General,is the value of the propertyorderedby theICCtobeforfeited.
• (2)In a case to which subsection (1)applies,the forfeiture order is to be treated as a fine ordered to paid under thePenal Code(Cap.63) for the imposed on the date the forfeitureorderwas registered under thisAct.

Section127ofNo.16of2008whichitisintendedtoamend

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

Section129ofNo.16of2008whichitis intended toamend

129.Cancellation ofregistration oforder

• (1)Ifa 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 AttorneyGeneralmay act under that subsection inrelation to a forfeiture orderif
• (a)the order has,since its registration in Kenya,ceased to have effect;
• (b)the order was registered in contravention of section 121;
• (c)t the Attorney-General considers that cancellation is appropriate having regard to the arrangements in force with the ICCin
• relation to the enforcement oforders ofthat kind;or
• (d)theICCsorequests.
• (3)If,in accordance with subsection (1)),the Attorney-General
• appliesto theHigh Courtfor cancellation of theregistration of a forfeiture order,the Court shall cancel theregistration accordingly.
• (4)Ifa forfeitureorder registered under section 123 is discharged (in whole or in part) or is revoked,that discharge or revocation constitutes a
• ground for an application forcancellation of the order under thissection.

Section153ofNo.16of2008whichitisintendedtoamend

• (2)If.having followed the specifiedprocess 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 cvidence,as the case may be.

Section154ofNo.16of2008whichitisintendedtoamend

154.Information or evidence involvingnational 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 ofKenya;or

• (b)refers thematter to the Attorney-General on the ground that disclosure would prejudice the national security interests of Kenya,the Attomey-General shall determine whether or not he isof the opinion that the giving of information or evidence wouldprejudiceKenya'snational security interests.
• (2)If the Attorney-General confirms that he is ofthe opinion that disclosure would prejudice Kenyas national security interests,the matter shall be dealt with in accordancewith theprocess specifiedin sections156 and157.
• (3)If,having followingthe specified process,the matter has not been resolved,the Attorney-General may refuse the request or decline to authorise theprovision of the information or giving of the evidence,as the casemaybe.

Section155ofNo.16of2008whichitisintendedtoamend

155.Other situations involvingnational security

• (1)If,in any circumstances other than those specified in sections153 and 154,the Attorney-General is of the opinion that the disclosure of information or documents to the ICCwould prejudice Kenya's national security interests,the matter shall be dealt with in accordance with the processspecifiedin sections156 and157.
• (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 accordancewithparagraph 4of article 72of theRomeStatute.
• (3)If,having followed the specified process,the matter has not been resolved and the ICC has not made an order for disclosureunder 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.

Section156ofNo.16of2008whichitisintendedtoamend

156. Consultation with ICCrequired

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

Section157ofNo.16of2008whichitisintended toamend

157.Procedure where no resolution

• (1)If,after consultation,the Attormey-General considers that there are nomeans or conditionsunder which the information or documents or

evidence could be provided or disclosed or given without prejudice to Kenyas national security interests,he shall notify the ICC,in accordance withparagraph 6 ofarticle 72of the Rome Statute,of the specificreasons for his decision,unlessa specific description of the reasons would result itselfin prejudice toKenya'snational security interests.

• (2)TheAttorney-General shall use hisbest endeavourswith a view to reachingamutually satisfactory outcome if-
• (a)the ICC determines that the evidence is relevant and necessary for the establishment of the guilt orinnocence of the accused;
• (b)the issue of disclosure arises in the circumstances specified in section153or154 and theAttomey-Generalis of theopimion that Kenya's national security interests would be prejudiced by disclosure,and
• ()theICCrequests further consultations for the purposeof considering the representations,which may include hearings in camera and exparte.
• (3)The Attormey-General shall comply with an ICC disclosure order
• (a)the ICC determines that the evidence is relevant and necessary for theestablishment of the guilt or innocence of the defendant;
• (b)the issue of disclosure arises in the circumstances specified in section155(1);and
• ()the ICC orders disclosure in accordance with paragraph 7(b)(i)
• ofarticle 72of theRome Statute.

Section158ofNo.16of2008whichitisintendedtoamend

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

In determiningwhat aclion to takeinrelation to amatter towhich this Part applies,theAttorney-General shall take into account thepower of the ICCto refer amatter to theAssembly of StatesPartiesor to theSecurity Council in accordance with paragraph 7of article 87 of the Rome Statute if the ICC considers that a requested State is not acting in accordance with itsobligationsundertheRome Statute.

Section159ofNo.16of2008whichitisintendedtoamend

159.Disclosure ofinformation provided by third party

• (1)If the ICC requests the provision ofa document or information that was provided or disclosed to Kenya in confidence by another State,

intergovernmentalorganisation,orinternationalorganisation,the Attorney-General shall seek the consent of the originatorbefore providing that document orinformation to the ICC.

• (2)If the originator is a State Party that consents to disclosure of the informationor 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 ofdisclosurewith the ICCunder 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 orinformationbecause of an existing obligation of confidentiality to the originator.

Section160ofNo.16of2008whichitisintended toamend

160.Request forKenyas consent to disclosure

• (1) Where a request is received from another State for Kenyas consent to thedisclosure to the ICC ofa document orinformation thathad been disclosed to the Statein confidence,the Attorney-General shall either-

2. (a)consent to the disclosure;or 3. (b)undertake toresolve the matter with the ICC. 4. (2)Theprovision ofan undertaking under subsection (1)(b) does not prevent the Attorney-General from refusing the assistance soughtin accordance with section 159(4).

Section168ofNo.16of2008whichitisintended toamend

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 constitutea crime within the jurisdiction ofthe ICCor that constitutes a crime for which themaximum penalty underKenyan law is a term ofimprisonment ofnot less than five years.

Section171ofNo.16of2008whichitisintendedtoamend

171.Certificates given by Attorney-General

• (1) If the Attorney-General receives a request for assistance from the ICCto which Part Vrelates,the Altorney-General may give a certificate certifyingall or anyof the followingfacts-

• (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 hasbeen 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 (l) is.in the absence of proof to the contrary, sufficient evidence of the matters certified by the certificate.

Section53ofNo.2of2009 whichitisintendedtoamend

53.Restriction on institution of proceedings

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

SectionI8ofNo.2of2010whichitis intended toamend

18.Relevant considerations

• (1)The Board shall,in determining the suitability ofa 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 workrecord of the Judge or magistrate,including prior
• Judicial pronouncements,competence and diligence;
• any pending or concluded criminal cases before a court of law
• against the Judge or Magistrate:
• P any recommendations for prosecution of the Judge or Magistrate bytheAttorney-Generalorthe Kenya Anti-Corruption
• Commission;and
• e) pending complaintsor otherrelevant informationreceived from any person orbody,including the
• Law Society of Kenya:
• Ethics and Anti-Corruption Commission;
• (ii)
• (ii)Advocates Disciplinary Tribunal;
• (iv)Advocates Complaints Commission:
• (V) Attorney-General;
• (vi)
• Commission on Administrative Justiee;
• (vii) Kenya National Human Rights and Equality Commission;

• (vili) National Intelligence Service;
• (ix)National Police Service Commission;or
• (x) Judicial Service Commission.

Section14ofNo.6of2010which it is intended toamend

14.Penalty under this Part

Aperson who commits an offence under this Part,shall,on conviction,be liable to afine not exceeding five hundred thousand shillingsor to imprisonment for a termnot exceeding tenyearsor to both.

Section17ofNo.6of2010whichitisintendedtoamend

17.Seizure and detention of or ganized 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 officeunder thePolice Act (Cap.84)(nowrepealed);
• (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 theBanking Act (Cap.488).

Section19ofNo.8of2010whichitisintendedtoamend

19.Establishment of the Advisory Committee(1)

• (2)The Counter Trafficking in Persons Advisory Committee shall consist ofthe followingmembers-
• (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 foreignaffairs;
• ()the Permanent Secretary,in the Ministry responsible for matters relating togender and children;
• (d)the Permanent Secretary,in the Ministry responsible for matters relating to labour;
• e) theAttorney-General;
• the Commissioner ofPolice;

• (g)a representative of the Kenya National Commission for Human Rights;
• (h)two representativesfrom civil society nominatedby the respective civil societies dealingwith issues relating to women;
• and childrenwith provenrecord ofinvolvement in theprevention and
• suppression of traffickinginpersons;
• one person nominated by the Central Organization o f Trade Unions;
• D
• one personnominated by theFederation ofKenya Employers;
• (k)such other members as may be co-opted by the Advisory Committee

Section27ofNo.22of2011which itisintended toamend

27.Reports

• (2)The Commission shall submit the annual report to the President and theNational Assembly three months after the end of theyear to which
• it'relates.
• (3)The annual report shall contain,in respect of theyear to which it
• relates--
• (a)their financial statements of the Commission:
• (b)a description of the activities of the Commission;
• such other statistical information as the Commission m ay
• ? consider appropriate relating to the Commissionsfunctions;
• (d)any recommendations made by the Commission to State departments or anyperson and the action taken;
• (e)the impact of the exercise of any ofitsmandate or funclion;
• functions under the Constitution,this Act or any written law;
• (g)the state of compliance with the provisions of scction 18(4)(b);
• and
• (h) 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.

Section116ofNo.28of20l1whichitisintendedtoamend

116.Prosecutorialpowers

An authorizedofficer 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.

Section26ofNo.30of201lwhichitisintended toamend

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 theNational Assembly threemonthsafterthe end oftheyeartowhich
• <itrelates.

Section16ofNo.33of2012whichi isintendedtoamend

16.Tenure of theDirector-General

The Director-General shall be appointed for a term of three years and

shall be eligibleforreappointmentfor onefurther term.

TheFirst Schedule to No.35of2013which itisintended toamend-

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

Section9BofNo.29of2016which itis intendedtoamend

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

The provisions of section 47of theTax Procedures Act,2015shall applyforthepurposesof-

• (a)an application for refunds,ascertainment and repayment of fees and leviesoverpaid orpaid in errorunderthis Act;or
• (b)the determination by the Commissioner of penalties and interests on fees thatremain unpaid.

Section17ofNo.43of2016whichit isintendedtoamend

17.ChiefExecutive Officer

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

Section31ofNo.43of2016whichitisintended toamend

31.Water Harvesting and Storage Board

• (1)Thepowers and functions of theWaterStorageAuthority shall be exercised and performed under the direction ofa Water Harvesting and StorageBoard which shall consistof
• (a)a chairperson,who shall be appointed by the President;
• (b)the Principal Secretary responsible formatters relating to water;
• C the Principal Secretaryresponsible formattersrelating to land;
• (d)thePrincipal Secretary responsible for finance;
• ()five other members.who shall be appointed by the Cabinet Secretary:and
• (a Chief Executive Officer.

Section33ofNo.43of2016whichitisintended toamend

33.Chief Executiveofficer

• (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 onthe advice of the Salaries and
• Remuneration Commission.

Section66ofNo.43of2016whichit is intendedtoamend

66.Boards of the water works development agencies

• (1)Each water worksdevelopment 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 ChiefExecutive Officer
• (2)The First Schedule haseffect with respect to the membership and procedure of thewaterworks development agencies.

Section71ofNo.43of2016which it is intended toamend

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 thePresident;
• (b)four other members appointed by the Cabinet Secretary;and
• (c)the Chief Executive Officer.

Section73ofNo.43of2016whichitisintendedtoamend

73.Employees of the Regulatory Board

• (1)There shall bea Chief Executive Officer of the RegulatoryBoard 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 theprincipal officer of the Regulatory Board and,subject to the directions of the Regulatory Board shall be responsible formanagement of theRegulatory Board.
• (3)The Regulatory Board may appoint such officers and other employees as may benecessary for the exercise and performance ofits powers and functions,upon such terms and conditions as the Cabinet Secretary responsible forpublic service may determine upon consideration ofadvice from the Salaries and Remuneration Commission.

Section115ofNo.43of2016whichitisintended toamend

115.BoardofTrusteesoftheFund

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

Section118ofNo.43of2016whichitisintendedtoamend

118.Staff of the Fund

(1)The Fund shall have Chief Executive Officer who shall be appointed by the Board of Trustees on such terms and conditions of service as the Cabinet Secretaryresponsible formattersrelating to public service on the advice of the Salaries and Remuneration Regulatory Authoritymay determine.

TheBribery Act.2016 (No.47 of 2016).Section 1which itis intended to amend-

Shorttitle

This Act may becited as the Bribery Act,2016.Section 4which it is intended to amend

4.Application of theAct

This Act shall apply to the public.public oflicersand private entities.

Section5whichisintendedto amend

5.Givinga bribe

• (1)Aperson 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 woulditself constitute the improper performance ofarelevantfunction or activity.
• (2)Subject to subsection (1),it shall not matter whether theperson to whom the advantage is offered,promised or given is the same person as t the person who is to perform,or has performed,the function or activity concerned,or whether the advantage is offered.promised or given by aperson directly or througha thirdpartySection 7which it is intended to amend-
• 7.Function or activity to which abribe relates
• (1)For the purposes of this Act,a function or activity shall be construed tobe arelevant function or activity if
• (a)it includes
• (any function ofa public nature:
• (ii)any function carried out by a State officer or public officer, pursuant to his or her duties:
• pursuant to his or her duties;
• (iv)any activity connected with a business;
• any activity performed in the course ofa person's employment,and
• (vi)any activity performedby or on behalf of a body of persons whether corporate or otherwise;
• (b)itmeets one ormore of the followingconditions
• thatthe person performing the function or activity is expected to perform it ingood faith;

Section10whichitisintendedtoamend-

10.Failure of private entity to prevent bribery

Aprivate entity commits an offence under this section ifa person associatedwith 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 itis intended to amend-
• 14.Duty to report
• (1)Every state officer,public officer or any other person holdinga
• Conunission within aperiod of twenty-four hours any knowledgeor suspicion of instances ofbribery.

Section15whichitisintendedtoamend

15.Offences under thisAct:territorial application

• 1)Conduct by a citizen of Kenya or bya privateor public entity within the meaning of sections1land12which takes place outside Kenya.shall constitute an offence under this Act if the conduct would constitute an offence under this Act ifit took place in Kenya.The Public
• Service Commission Act,2017(No.10 of2017).

Section90whichitisintended toamend

90.Annual Report

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

The Scrap Metal Act,2015(No.1of2015) Section 4which it is intended toamend-

• 4.Composition ofthe Council
• (1)The Council shall consist of
• (a)a chairperson appointed by the Cabinet Secretary who has at leastfiveyears'experience in thepublicorprivate sector;
• (b) the Pirncipal Secretary of the Ministry for the time being responsible for mattersrelating to transport orrepresentative;
• C the Commissioner-General of the Kenya Revenue Authority or arepresentative;
• (d) theInspector-General ofPolice ora representative;
• (e) the Principal Secretary of the Ministry for the time being responsible for mattersrelating to industir alisation or hisor her representative;
• the following persons,nominated as follows,and appointed by the Cabinet Secretary

• Association:
• (ii)one person nominated by the metal cottage industry;
• (ii) one person nominated by the Kenya Association of M
• anufacturers;
• (iv)one person nominated bylargeutilitycompaniesor agencies in charge of infrastructure,to be appointed on rotational basis;
• (v)on epersonnominated bytheConsumer Federation of Kenya.

Section6whichit isintended toamend

6.Functions of the Council

• (1)Thefunctions of the Council shall be to-
• (a)advice the Cabinet Secretary on
• (i)the appropriate measures and mechanisms for regulating the scrap metal industryin ensuirngeconomicgrowth,protection of public health and conformity to thepirnciples of environmental stewardship asrequired by theBasel Convention:
• (ii)the appropir ate measures and mechanisms for protecting public interest against vandalism,theft to futility infrastructure and privateproperty;
• (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 beprescirbed under thisAct;and

Section9whichitisintendedtoamend

9.Restriction from dealing in scrapmetal

• (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 A
• ssociation.

Section 1Iwhichitisintended toamend

11.Issueoflicence

Every licencegranted orrenewed under thissection shall

• (a)be issued in the form prescir bed in the Third Schedule;
• (b)bevalid for oneyear;

• (c)specify the licensee as the principal or agent to deal in scrap metal:
• (d) specify the location o fall the premises in which the licensee is authorized to deal in scrapmetal;
• (e) specify any type of scrapmetal the licenseemay ormaynot deal in;and
• be subject to such conditions as the Council may consider necessary.

Section18whichitisintendedtoamend

18.Register bylicensee

• (3)Any licensee,servant or agent who fails to comply with section commitsan offence and isliable on conviction
• (a) for a first offence,to a fine not exceeding one million shillings ortoimprisonment fora termnotexceedingoneyear,or toboth; 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 berevoked.

Section 20whichitis intended toamend

20.Restriction on licensees

(4)Any licensee who contravenes this section commits an offence and is liable on conviction to a fine not exceedingonemillion shillings and,where such offence continues after conviction,to afine not exceeding two thousand shillings fo reach day in which such offence continuesor until the license isrevoked.

Section22whichif isintended toamend

22.Information regarding stolen or lost property

(2)Any person who contravenes subsection(1)commits an offence

and is liable on conviclion to a fine not exceeding one million shillings to imprisonment for a termnot exceeding oneyear or toboth.

Section24whichitisintended toamend

24.Destruction ofinfrastructure

(1)A person shall not remove,deface or destroy any scrap metal from the infrastructure designed for roads,bridges,railways,pipelines, infrastructure proj ect.

• (2)Anyperson who contravenes subsection (l) commits an offence and is liable on conviction to a ifne not exceeding ten mill ion shillings to imprisonment fora termnot exceeding threeyears or toboth,

Section26whichit is intendedtoamend

26.Exportsofscrapmetal

• (1)A person shall not export scrap metal in any form.
• (2)Notwithstanding subsection(1),the Cabinet Secretary formatters relating to ifnance,in consultation with the Cabinet Secretary responsible for industrialization and with the recommendation of the Council,may, under such cu-cumstances as may be prescribed,authorize the export of specific scrapmetal fora specifiedperiod.
• (3)Acertifcate for each consignment shall be issued by thePrincipal Secretary.
• (4)Any exemption allowed under this section shall bevalid for six months from the date of issue of the certifcate ofexemption.
• (5)Any person who contravenes this section commits an offence is liable on conviction to a ifne not exceeding ten million shillings or to imprisonment for a termnotexceedingifveyearsor toboth

Section30whichitisintendedto amend

30.Power of entry

• (1)An inspectormay 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 arereasonably suspectedof being stolen scrap metal or vandalized infrastructure are to be found and makea record asprovided in theprescribed form;
• b take the steps that may bereasonably necessary to term i nate the deal or transaction on vandalized or stolen scrap metal at,on orin suchplace,premisesorvehicle,andtopreventtherecurrenceof any such actin future:

Provided that the actions set out herein shall not include the destruction or alienation of the relevant scrapmetal unless authorize)y an order issuedbya court of competent jurisdictio,

• (C) seize,detain,and,where applicable,remov,for detention,all the scrap metal found at,on or in such place,premises orvehicle orothermodesof conveyance;

• (d) seize detain,and,where applicable,remove for detention,any toolswhich maybeused inprocessing 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 ofany person who may be involved in dealing as a supplier,miller,distrbutor,exporter or clearingand forwarding agent of the scrap metal.

The Energy Act,2019 (No.1of2019)

Section2whichitisintended toamend

2.Interpretation

aperson to operate a distribution system for the purpose of enabling supply ofelectrical energy to consumersor to other licensees;

Section 10whichitisintendedtoamend

10.Functionsof theAuthority

Thefunctionsof theAuthority shall beto

• (a)regulate-
• generation,importation,exportation,transmission,distribution, supply and use of electrical energy with the exception of licensing ofnuclear facilities;
• (i)importation,refining,exportation,transportation,storage and saleofpetroleum and petroleum products with the exception of
• crudeoil;

Section12which itisintended toamend

12.Board of theAuthority

• (1)The management of the Authority shall vest in the Board of
• Directorsof the Authority consisting of
• (a)a Chairperson who shall be appointed by thePresident:
• (b)thePrincipalSecretaryresponsibleforEnergyorhis representative:
• (c)the Principal Secretaryresponsible for Petroleum or his
• representative:

• (d)the Principal Secretaiy in the National Treasury or his or her authorized representative;
• (e)one County Executive Committee member responsible for cnergy and petroleum or his representative nominated by the Council of County Governors;
• (f)the Director-General;and
• (g)five other membersnot beingpublicofficers appointed by the Cabinet Secretary

Section20withit is intendedtoamend

20.Funds of theAuthority

• (1)The funds of theAuthority shall consist of-
• (a)levies not exceeding one half of a percenton the sales of
• electricity and petroleumproducts;
• (b)
• licence fees;
• C suchmonies or assets as may accrue to or vest in the Authority in thecourse of the exerciseofits powers or theperformance of
• its functions under this Act;
• d such monies as may be provided by Parliament for the purposes
• ofthe Authority:
• C) Authority whether movable or immovable:
• interest from bank deposits;and
• totheAuthority:

Provided that any monies collected by the Authority including levies, fines and penalties in exercise of its functions shall bepaid into the

Consolidated Fund.

Section26whichit is intendedtoamend

26.Members of the Tribunal

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

Section45whichitisintended toanend

45.Boardof the Corporation

• (1)Themanagement of the Corporation shall vest in the Board of Directors of the Corporation which shall consist of-
• (a)a Chairperson appointed by thePresident;or his
• (d)the Chief Executive Officer who shall be the Secretary tothe
• Board;
• (e)three members appointed by the Cabinet Secretary;and
• four other members appointed by the Council of County
• Governors

Section76whichitisintended toamend

76.Establishmentof RenewableEnergy Resource Advisory

Committee

• (2)TheRenewableEnergy Resource Advisory Committee is composedof-
• (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, whoshaJibetheSecretary;
• rmanaging director of the Geothermal Development Company C Limited orhisorherrepresentative;
• d managingdirector of theKenya Electricity Generating Company Limited or hisor herrepresentative:
• Attorney-General or hisor herrepresentative;
• 1 principalsecretary oftheNationalTreasuryorhis representative:and
• principal secretaryresponsible formattersrelatingtoresourcesor
• g hisorherrepresentative

Section82whichitis intended toamend

82.Renewaland surrenderof 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 there with would be impossible or great hardship wouldbe inflicted upon the licensee;
• C) extend time to the licensee for complying with the teim s and conditions of anylicence upon such term sandconditionsas the Cabinct Secretary may consider necessary:or
• (d) accept,whether with aview torenewing orreissuingany licence orotherwise the surrenderofanylicenceorany part of the area comiprised therein upon such tern isand conditions as the Cabinet Secretary may consider necessary,but no such surrender shall affect any liability incurred by thc licensee before the surrender shall have taken effect.

Section98whichit isintended toamend

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 lifeof 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 theAuthority;
• C compliance with Occupational Safetyand Health Act (No.15of 2007)or other safety and health standards recommended by the
• Authority in consultation with the relevant statutorybody:
• (d)compliance this Actand therelevant Kenyan Standard and in the absence of such standard,any inter national standard recommended by the Authority in consultation with the Kenya
• e)
• Bureau of Standards;
• land use or the location of the undertaking:
• (1 economic and if nancial benefits to the country or area of supply
• oftheundertaking;
• (g)the cost of the undertaking and financing arrangements;
• (h)the ability of the applicant to operate in a manner designed to y, protect thehealt hand safety ofusers of theservice forwhich the licence or permit is required and other members of thepublic
• whowouldbeaffected by the undertaking:

• the technical and ifnancial capacity of the applicant to render the service forwhich thelicenceor permit isrequired:and
• any othermatter that theAuthoritymay consider likely to havea bearing on the undertaking.

Section100whichit isintended toamend

100.Forms and conditionsofalicence or permit

• (1)Every licence or permit shall be in such form as the Authority may determineand shall,subject tosubsection (2).contain such particularsorconditionswhereapplicable
• (a)the duration of the licence or permit;
• (b)the type coal or coal products;
• (c)the market area segments,and
• (d)anyother matter connectedwith thecarryingon of the undertaking.

Section117whichitisintendedtoamend

117.Requirement ofa licence

Aperson who wishes to carry out the generation,exportation, importation,transmission,distribution andretail supply ofelectricitymust

Apply for a licence as the case maybe to the Authority in accordance with the provisions of this Act:Provided thata person shall not require notexceedingone megawatt

Section129whichitisintended toamend

129.Accounts,records and reports of licensee

(2)A licensee shall,a this 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 financialyear

Section149whichitisintendedtoamend

149.Certificates for electrical workers

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

Section154whichitisintended toamend

154.Meteringof supply to consumers

• (2)The retailer shall supply and if xmeters upon the premises of the

Provided that the licensee may agree to thevalue of the supply to any consumer being ascertained by aprivate metre belonging to theconsumer.

Section166whichitisintended toamend-

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 compensationundersubsection(2)ifthefailure,poor qualityor irregularity ofelectricity supply was caused by thirdparty interference to the licensee's electricity supply lines or inevitable accident or force majeure was so slight asnot tomaterially affect the quality or value of the supply.
• (4)The CabinetSecretary shall makeregulations to give effect to this section within sixmonths of the cominginto force of thisAct.

SectionI67whichitisintendedtoamend

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 ofthis Act and in particular, for all or any of the followingpurposes-
• (o)carrying out electrical installation work by an electrician and an
• electricalcontractor.

Section169whichitisintendedtoamend

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 (l)shall be forfeited to the state.

Section187whichis intendedtoamend

187.Energy Eficiency and Conservation Programme

The Authority shall coordinate the development and implementation

of aprudent national energy efficiency and conservationprogramme.

Section 199whichit is intendedtoamend

199.Power of County Government to make rules

• (1)A County Government may,by notification in the,make rules for carryingout the provisions of thisAct and notinconsistent w ith therules andregulations,if any,made by the National Government.

Section208whichitisintendedtoamend

208. Cabinet Secretary may make regulations generally

• (1)The Cabinet Secretary may,on the recommendation of the A uthority and subj ect to section 167,make regulations for or with respect toany matter that by thisAct isrequired orpermitted tobe prescribed,or that isnecessary or expedient to beprescribed for carrying out or giving effecttothisAct.