Proposed Legislative Reforms

The Public Finance Laws (Amendment) Bill, 2020

The Public Finance Laws (Amendment) Bill, 2020 seeks to make amendments to various finance-related laws, such as:

 

a. The Public Finance Management Act, 2012 (No. 18 of 2012)

The Bill seeks to amend the Public Finance Management Act, 2012 to provide for offences relating to the handling of public monies by Public Officers or Accounting Officers, and liability arising out of loss of public money.

b. The Public Procurement and Asset Disposal Act, 2015 (No. 33 of 2015)

The Bill seeks to amend the Act to obligate Accounting Officers to ensure that procurement of goods, works and services is done transparently and with strict adherence to the approved procurement plans and that money is available for payment of goods or services being procured.

 

c. The Public Audit Act, 2015 (No. 34 of 2015)

The Bill seeks to amend the Public Audit Act, 2015 to empower the office of the Auditor General to recruit its own staff.

 

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

The Bill seeks to amend the Act to require the Controller of Budget to carry out due diligence on all ongoing projects, to ascertain whether money previously approved for the project has been utilised prudently, before the Controller authorises release of more funds for the projects.

 

e. The Higher Education Loans Board Act, 1995 (No. 33 of 1995)

The Bill seeks to amend the Act to give loanees a grace period of four years from the date of completion of their studies before they can commence repayment of loans advanced to them. The proposed amendments further exempt loanees without a source of income from paying interest on the loans advanced to them until such time that the loanees start earning an income.

The Prompt Payment Bill, 2020

The proposed Bill provides a legal framework for the prompt payment of invoices for goods and services procured by public entities and mechanisms for settling disputes over invoices.

The Micro and Small Enterprises (Amendment) Bill, 2020

The Bill seeks to amend the Micro and Small Enterprises Act, 2012 to give youth-owned enterprises a seven-year tax break, and to establish business incubation centres across the country for the purposes of providing business advisory services, which includes access to capital and Government contracts. Further, the Authority will register and certify enterprises owned by young people, women and people with disabilities.

The County Wards Development Fund Bill, 2020

The objective of the proposed Bill is to provide a legal framework for the operationalisation of the Ward Development Fund intended to be introduced through an amendment to the Constitution.

The Health (Amendment) Bill, 2020

The Bill seeks to amend the Health Act to establish the Health Services Commission. The commission shall make recommendations to the national government on national policies for management of health care workers; monitor implementation of national policies for management of health care workers by county governments and recommend appropriate action; and set and regularly review norms and standards on health matters.

The Election Laws (Amendment) Bill, 2020

The Bill seeks to amend various election-related laws, to deliver an electoral system that is transparent, accountable and democratic and promotes the will of the people. The Bill contains amendments to the following statutes:

 

1. The Elections Act, 2011 (No. 24 of 2011)

2. The Political Parties Act, 2011 (No. 11 of 2011)

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

4. The Election Campaign Financing Act, 2013 (No. 42 of 2013) 5. The Election Offences Act, 2016 (No. 37 of 2016)

The Anti-Corruption and Economic Crimes (Amendment) Bill, 2020

The Bill seeks to amend the Anti-Corruption and Economic Crimes Act, No. 3 of 2003 and touches on matters such as: enhanced penalty for economic crimes and corruption offences; the procedure for hearings and sentencing on economic crimes and corruption matters; and an offence of concealment of corruption. It provides for the duty to report any knowledge or suspicion of instances or acts of corruption or economic crimes.

The Ethics and Integrity Laws (Amendment) Bill, 2020

The Ethics and Integrity Amendment Bill, 2020 seeks to make amendments to various statutes relating to ethics and integrity. The Bill contains proposed amendments to the following statutes:

 

1. The Leadership and Integrity Act (No. 19 of 2012)

The Bill proposes to amend the Leadership and Integrity Act to: provide a detailed framework for dealing with public funds and personal wealth and making financial declarations by state officers; and prohibit state officers and Public Officers themselves or through proxies engaging in business with a public entity or engaging in public collection of funds.

 

2. The Public Officer Ethics Act (No. 4 of 2003)

The Bill proposes to amend the Act to bar Public Officers from participating in public collections and streamline the filing of wealth declarations by Public Officers.

The Contribution to Charity Bill, 2020

The Bill seeks to repeal the Public Collections Act, Chapter 106, with the principal objective of providing a modern framework for regulating public collections or harambees and providing a clear demarcation between public collection for charitable purposes and public collection for private benefit.

The Devolution Laws (Amendment) Bill, 2020

The principal object of this Bill is to amend the County Governments Act, 2012 and the Intergovernmental Relations Act, 2012, to align various provisions of the Act with multiple court decisions on matters relating to devolution and to incorporate lessons learnt in the implementation of the Acts. Further, the Bill amends the County Governments Act to include a provision requiring County Governors to designate to their Deputy Governors County Executive Committee portfolios.

The Public Participation Bill, 2020

The principal object of the Bill is to provide an effective public participation framework both at the National and County Government levels.

The National Economic and Social Council Bill, 2020

The object of this bill is to provide a comprehensive legal framework on how the identification of Kenya’s socio-economic development priorities will be done and provides for a body that shall be in charge of general coordination of national planning.

The Persons with Disabilities Act, No. 14 of 2003

The Persons with Disabilities Act, No. 14 of 2003 was enacted pursuant to the recommendations of a Task Force appointed by the Office of the Attorney General. Since enactment in 2003, a number of amendments have been made to the Act and some 32 additional proposed amendments put forward, to reflect the rights declared under Article 54 of the Constitution of Kenya, 2010, but not enacted. Among the key proposed amendments which have been subjected to public participation pursuant to Article 118 of the Constitution of Kenya, 2010 as read together with standing order 140 (5) of the Standing Orders of the Senate is the Persons with Disabilities (Amendment) Bill, 2019, Kenya Gazette Supplement No. 5 (Senate Bills No. 1), Senate Bills, 2019 (6th February, 2019). On 14th August, 2018, the Cabinet passed Resolution No. 3 approving a Cabinet Paper on the Persons with Disabilities’ Bill, 2018. The committee recommends that the said bill be tabled in Parliament for debate and enactment without further delay.

The Statute Law (Miscellaneous Amendments) Bill, 2020

The Statute Law (Miscellaneous Amendment) Bill, 2020 contains minor amendment proposals relating to the following statutes:

a. The Interpretation and General Provisions Act (Cap. 2)

The Bill proposes to amend the Interpretation and General Provisions Act (Cap. 2) to harmonise the definition of ‘Cabinet Minister’ with the proposed Constitutional Amendment amongst others.

 

b. The National Intelligence Service Act, No. 28 of 2012

The Bill proposes to amend the National Intelligence Service Act, 2012 to expand the definition of the words ‘vettable position’ to ensure the Service vets all applicants to public offices.

 

c. The Mutual Legal Assistance Act, No. 36 of 2011

The Bill proposes to amend the Mutual Legal Assistance Act, 2011 in section 2 to harmonise the list of mainstream competent authorities with the provisions of section 7(2) of the Act.

 

d. The Commission on Administrative Justice, No. 23 of 2011

The Bill proposes to amend the Commission on Administrative Justice Act, to provide that after having concluded an investigation or inquiry and found a Public Officer guilty of gross violation of the Constitution or the law, the Commission shall be able to make a recommendation that such an officer is unfit to hold public office.