SPECIAL ISSUE
Кепуа Gazette Supplement No. 54 ( Acts No. 11)
REPUBLIC OF КЕNУА
KENYA GАZЕТТЕ SUPPLEMENT
ACTS, 2017
NAIROBI, 19th April, 2017
СОNТЕNТ
Act-
PAGE
The Statute Law (Miscellaneous Amendments) Act, 2017 .......................195
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195
ТНЕ STATUTE LAW (МISCELLANEOUS AМENDМENTS) АСТ
No.11of 2017
Date of Assent: 13thApril,,2017
Date ojCommencement: 4th Мау, 2017
AN АСТ of Parliament to make minor amendments to statute law
ENACТED Ьу the Parliament ofKenya, as follows-
1. This Act may Ье cited as the Statute Law
(Miscellaneous Amendments) Act, 2017.
2. The several laws specified in the first column of the Schedule are amended, in the provisions specified in the second column thereof, in the manner respectively specified in the third column.
Short title. Amendment of
written laws.
SCНEDULE (s. 2)
Written law Provision Amendment
The Judicature s.9 Delete and substitute therefor the following new
Act (Сар. 8) section-
Retirement Age. 9 (1) Subject to subsection (2), the age at which а person holding the office of judge shall retire shall Ье seventy years.
(2) Notwithstanding subsection (1), а person holding the office of Judge may elect to vacate office at any time after attaining the age of sixty-five years.
The Advocates
Act (Сар. 16)
s.2
Delete the definitions of "unqualified person" and substitute therefor the following new definition-
"unqualified person" means а person who is not qualified under section 9 and includes an advocate who-
(a) is not qualified under section 9;
No.11
196
Statute Law ( Miscellaneous Amendments) 2017
(h) is not exempt under section 10; and
(с) fails to take out а practising certificate.
s.23
New
Inse1'1 the following new subsection imm1ediately after subsecticn (2)-
(2A)The Society shall issu.e to every advocate registered with it а stшnp or seal Ьearing t11e advocate's nате, admission numЬer and the year of practice in such form as may Ье approved Ьу the Cottncil of the Socie;ty and prescriЬed in regulations, and
such stamp or seal shall Ье affixed on every document drawn Ьу such advocate and lodged for registration in any registry in Kenya or issued for any other professional purpose.
Insert the following new sections immediately after section 34-
Additionai 34А. Sublect to section 10,
endorsements. J
an advocate who holds
cuпent practising certificate shall not file any legal documents in any registry under any law which requires filing of such document Ьу an advocate, or issue such document for any other professional purpose, unless there is affixed on each such document the stamp or seal issued Ьу the Society under section 23(2А).
Validity of legal documents.
34В. (1) А practising advocate who is not exempt under section 1О and who fails to take out а practising
professional misconduct.
(2) Notwithstanding any other provisions of this Act,
2017
The Bills of
Exchange Act
(Сар. 27)
197
Statute Law (Miscellaneous Amendments) No.ll
пothing shall affect the
\l'alidity of any legal d:>eument drawn or prepared
Ьу an advocate without а v&lid practising certificate.
(3) For the purpose of this sec:tion, "legal document" includes pleadings, affidavits, depositions, applications, deeds and other related instrumeints, filed in any registry under any law requiring filing Ьу an advocate.
s.4(3) lnsert at the end thereof the words "and any other country granted memЬership to the Community under Article 3 of the Treaty fot· the East African Community.
The Probation of Offenders Act (Сар..64)
s.2
lnsert the following definition in proper alphaЬetical sequence-
"Minister" means the Cabinet Secretary responsiЬle for matters relating to probation and after-care services.
s.16(1) Delete the word "Мinister" and substitute therefor the expression "PuЬlic Servic;e Commission".
The P'risons Act
(Сар 90)
s.2
Delete the definition of the wo.rd "Commissioner" and substitute therefor th\e following new definition-
"Commissioner" means tht
Commissioner-General of Prisons.
lnsert the following new definition in proper alphaЬetical sequence-
"Minister" means the Cablnet Secretary responsiЬle for matter relating to prisons.
s.ЗO(l) lnsert at the end thereofthe words-
"and shall Ье categorized and detained ir1 such manner as to take into account the safety of the prisoner, of the puЬlic and of other persons in the prison".
No.ll
198
Statute Law ( Miscellaneous Amendments) 2017
s.43(1) Delete the word "hard".
s.74(1) lnsert the following new paragraph immediately after paragraph (q)-
(qa) guidelines and parameters for engaging with partners or stakeholders of the Service.
The Explosives
Act (Сар 115).
s.2
Delete the definition of the word "Commissioner" and substitute therefor the following new definition-
"Commissioner" means the Director of
Mines appointed under the Mining Act,
2016.
Insert the following new definition in proper alphaЬetical sequence-
"Minister" means the Cabinet Secretary responsiЬle for mining.
The Income Тах
Act (Сар. 470)
s. 15(3) Delete the word "four" appearing in paragraph (с) and substitute therefor the word "five".
First lnsert the following new paragraph
Schedule immediately after paragraph 45-
45А. The income of the National Hospital lnsurance Fund estaЬlished under the
National Hospital Insurance Fund Act,1998
consisting of-
(а) all contributions and other payments into and out of the Fund; and
(Ь) monies invested under section 34 of the Act.
Second Schedule (Part V)
Insert the following new paragraph immediately after paragraph 24В-
Capital 24С. (1) Where capital
expenditure
оп expenditure is incuпed on the
construction construction of liquefied
petroleum petroleum gas storage facilities gas storage with а mtnimum capital fl\ iliti §, investment of four billion
shillings and а mtnimum storage capacity of а total value
199
Statute Law (Miscellaneous Amendments) No.ll
of fifteen thousand metric tonnes, there shall Ье deducted in computing the gains or profits of the person incurring that expenditure for the year of income in which the liquefied petroleum gas storage facilities were first used for storage of liquefied petroleum gas, а deduction referred to as an investment deduction.
(2) The amount of the investment deduction under subparagraph (1) shall Ье equal to one hundred and fifty per centum of the capital expenditure.
The Insurance
Act (Сар. 487)
Third
Schedule
HeadB (Rates of Тах)
s.2
Delete the word "four" appearing in paragraph 2(i) of Head В and substitute therefor the word "one".
lnsert the following as the introductory portion for the second taЬle appearing after item 1-
1А. The wife's employment, wife's professional and wife's self employment income rates of tax shall Ье-
Delete the words "section 161 of' appearing in the definition of "auditor"
s.ЗA(l) lnsert the following paragraphs immediately after paragraph (h)-
"(ha) educate the puЬlic regularly on the right to independently select an underwriter or broker from а list of underwriters or brokers licensed Ьу the Authority;
(hb) regulate the business of Ьасс assurance offered Ьу banks in the same manner as the ordinary insurance business including capital requirements and disclosures.
200
Statute Law ( Miscellaneous Amendments) 2017
s.ЗА(2) Insert the following new subsection immediately after subsection (2)-
(3) The Authority shall puЬlish the standards formulated under subsection (1) (Ь) and may provide for the punishment of а person who contravenes any of the standards Ьу а fine not exceeding five million shillings or to imprisonment for а term not exceeding five years or to Ьoth such fine and imprisonment.
s.20(4) Delete the words "ten thousand shillings or to imprisonment for а term not exceeding one year" and substitute with "five million shillings or to imprisonment for а term not exceeding five years".
s.43(2)(c) Insert the words "as may Ье" immediately after the word "liaЬility"
New Insert the following new section immediately after section 71-
cьoiceof 71А. (1) А bank shall-
insurer
forloans. (a)inform а loanee, in
writing, that the loanee has а right to select an underwriter or broker from а list of underwriters or brokers licensed Ьу the Authority;
(Ь)inform а loanee, in writing, that the loanee has an option to forfeit the right to select an underwriter or broker;
(с) not prescriЬe or assign an underwriter or broker to а loanee, unless the loanee forfeits in writing the right to select an underwriter or broker; and
(d)update the list of licensed brokers or underwriters
The Auctioneers
Act (Сар. 526)
201
Statute Law (Miscellaneous Amendments) No.ll
availed to loanees regularly and ensure that underwriters or brokers under statutory management are excluded from the list.
(2) А bank that contravenes the provisions of subsection (1) commits an offence and shall upon conviction Ье liaЬle to а fine not exceeding five million shillings.
s.73(2) Delete the words "section 191 of' appearing in the subsection.
Second Delete the expression "30th June, 2018" Schedule appearing in paragraph 3 and substitute
therefor the expression "30m June 2020."
s.2 Delete the definition of the word "auctioneer" and substitute therefor the following new definition in proper alphaЬetical sequence-
"auctioneer" means а person licensed under section 10.
s.З Delete the expression "Part 1 of Chapter IV" appearing in subsection (1)(а) and substitute therefor the expression "Chapter 1О".
Delete the words "provincial administration" appearing in subsection (1(Ь) and substitute therefor the words "National Security".
Insert the following new subsection immediately after subsection (2)-
(3) Where а memЬer of the Board nominated under section 3(l)(a), (Ь), (с) or (d) is nominated to the position of Нigh Court, court of appeal or Supreme Court of Kenya, the appointee shall cease to serve as а memЬer of the Board immediately upon assumption of office or elevation.
New lnsert the following new section immediately after section 3-
202
Statute Law ( Miscellaneous Amendments) 2017
Board to Ье а Ьоdу
COCJIOC81e.
ЗА The Board shall Ье а Ьоdу corporate with perpetual succession and а common seal and shall, in its corporate nате, Ье сараЬlе of-
(а) suing and being sued;
(Ь) taking, purchasing or otherwise acquiring, holding, developing or disposing of movaЬle and immovaЬle
property;
(с) borrowing or lending money; and
(d) doing or performing all such other things or acts, which may lawfully Ье done Ьу а body corporate.
4(2) Delete paragraph (с) and substitute therefor the following new paragraph-
(с) develop and facilitate adequate training programmes for licensed auctioneers;
Insert the following new paragraphs immediately after paragraph (с)-
(d) conduct routine inspections and visits of auctioneer's premises;
(е) set, maintain and continuously improve the standards of learning, professional competence and professional conduct for the provision of auctioneering services in Kenya;
(t) determine, maintain and enhance the standards of professional practice
203
and ethical conduct and learning for he auctioneering profession in Kenya.
s.lO(l) Delete paragraph (Ь) and substitute therefor the following new paragraph-
(Ь) has obtained sufficient knowledge and experience for а continuous period of not less than three years under or from а reputaЬle licensed auctioneering firm;
s.Ю(З) Delete the words "MemЬer of Parliament or а Councillor" and substitute therefor the words "Member of the National AssemЬly, Senate or County AssemЬly".
s.ll Delete paragraph (а).
RenumЬer the existing provision as subsection (1) and insert the following new subsection-
(2) А licensed auctioneer shall retire at the age of seventy years.
s.14(2) Delete the words "а licensed auctioneer" appearing immediately after the word "employ" in the proviso to subsection (2) and substitute therefor the words "or engage а licensed auctioneer with equal experience".
s.l5 Insert the words "and sole surviving partnerships" immediately after the word "proprietor" appearing in the marginal note.
s.l5(1) Delete the expression "ninety days" and substitute therefor the expression "forty-five days".
s.l8(6) Insert the words "the auctioneer may thereafter apply to the Board for the reinstatement of the licence" immediately after the word "business".
s.l8(7) Insert the following new subsection immediately after subsection (7)-
(8) Where а licence is reinstated, the holder of such licence shall Ье work for а
No.ll
Тhе Clinical Officers (Training, Registration and
Licensing) Act,1988 (No 9 of 1988)
ТheKenya Information and Communications Act, 1998. (No 2 of 1998)
The Community Service Orders Act, 1998 (No.
10 of 1998).
204
Statute Law ( Miscellaneous Amendments) 2017
period of twelve months under а licensed auctioneer of equal experience for supervision in order to Ьесоmе eligiЬle to resume practice in their own capacity.
s.20(1) Delete the expression "district or districts" appearing in paragraph (с) and substitute therefor the expression "county or counties".
s.З Delete the word "Minister" wherever it occurs and substitute therefor the words "CaЬinet Secretary"
s.7(4) Delete the word "Minister" and substitute therefor the words "Cablnet Secretary"
s.13(6) Delete the word "Minister" and substitute therefor the words "Cablnet Secretary"
s.16 Delete the word "Minister" and substitute therefor the words "Cablnet Secretary"
s.17 Delete the word "Minister" and substitute therefor the words "CaЬinet Secretary"
s.27А Insert new subsections (ЗА) and (ЗВ) immediately after subsection (З) as follows-
(ЗA) Subject to subsection (ЗВ), а telecommunication operator shall, Ьefore levying or allowing to Ье levied, any specific charge relating to а premium rate service provided to а subscriЬer, disclose the fact, amount, and frequency of the charge to the subscriЬer.
(ЗВ) Subsection (ЗА) shall not apply to services rendered Ьу а telecommunications operator on Ьehalf of а puЬlic Ьоdу.
s.2 Insert the following new definitions in proper alphaЬetical sequence-
"Minister" means the CaЬinet Secretary for the time Ьeing responsiЬle for Community Services.
2017
The lndustrial
Property Act
2001 (Nо.З of
2001).
205
Statute Law (Miscellaneous Amendments) No.ll
"Permanent Secretary" means the Principal Secretary in the Ministry responsiЬle for Community Service.
s.7(1) Delete the word "Provincial" appearing in paragraph (с);
Delete the expression "Commissioner of Police" appearing in paragraph (е) and substitute therefor the expression "lnspector General of Police".
Delete the expression "Commissioner of Prisons" appearing in paragraph (f) and substitute therefor the expression "Commissioner-General of Prisons".
Insert the · following new subsection immediately after subsection (1)-
(lA) The Director of Probation shall Ье
the Vice-Chairman of the Committee.
s.11(3) Delete paragraph (Ь).
s.12 Insert the wor<ls "а Corporation Secretary and" immediately after the word "appoint".
RenumЬer the existing provision as suЬsection (1) and insert the following new subsection-
(2) Тhе Мanaging Director may delegate to any officer any of the duties and functions confeпed on him under this Act.
s.22 Insert the word "and" immediately after the words "inventive step" and delete the words "or is а new use".
s.28(4) Delete.
s.36(2) Delete the words "one or more" and substitute therefor tlte words "two or more".
Add the following new subsection immediately after sul.,section (2)-
(3) The Cablnet Secretary may make regulations for the carrying out of the provisions of this section.
206
Statute Law ( Miscellaneous Amendments) 2017
s.41(1) Insert the words "and address" immediately after the word "nате" appearing in paragraph (а).
(6) Delete.
(7) Delete paragraph (d). s.42(1) Insert the following proviso-
Provided that the Managing Director may at the request of the applicant, puЬlish the application Ьefore the expiry of eighteen months.
Insert the following new subsection immediately after subsection (3)-
(4) The Cablnet Secretary may make regulations for the carrying out of the provisions of this section.
s.44(1)
Delete.
(2) Delete the words "and the subject matter thereof does not fall within а technical field specified in subsection (1) of this section".
Delete the word "three" and substitute therefor the word "five".
(3) Add the following new paragraph-
(с) the application complies with the requirements of unity of invention prescriЬed in section 35.
(4) Delete. (5) Delete. (6) Delete.
(7) Delete and substitute therefor the following new subsection-
(7) Where the Managing Director is of the opinion that any of the conditions refeпed to in subsection (3) are not fulfilled, he shall notify the applicant accordingly and invite him to make his observations, and where applicaЫe, to amend his application.
2017
The Children Act, 2001 (No. 8 of2001)
207
Statute Law (Miscellaneous Amendments) No.ll
(8) Delete the expression "subsection (2)" and substitute therefor the expression "subsection (3).
s.45(1) lnsert the expression "41 or" immediately
Ьefore the expression "44"
s.54(2) Delete the words "the lnstitute" and substitute therefor the words " а relevant authority".
s.82(2) Insert the expression "42" immediately after the expression "24".
Insert the following new subsection immediately after subsection (2)-
(2А) An application for а utility model certificate shall Ье puЬlished in the Industrial Property Journal upon compliance with the requirements of section 41.
s.103(2) Delete.
s.llЗ(б) Delete the word "Board" and substitute therefor the expression "Cablnet Secretary"
s.31 Delete subsections (1) and (2) and substitute therefor the following new subsections-
(1) Тhе Council shall consist of-
(а) а chairperson appointed Ьу the President, who shall Ье knowledgeaЬle in, or has actively contributed to the promotion of the rights and welfare of children;
(Ь) the Principal Secretary responsiЬle for matters relating to children or his representative;
(с) the Principal Secretary responsiЬle for finance or his representative;
(d) the Principal Secretary responsiЬle for Education or his representative;
(е) the Principal Secretary responsiЬle for health or his representatives;
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Statute Law ( Miscellaneous Amendments) 2017
(f) the Attorney General or his representative;
(g) the Director children's Services; (h) the following person appointed
Ьу the CaЬinet Secretary-
(i) one representative from the non-governmental organization engaged in matters related to children activities;
(ii) one person representing faith based organisations; and
(i) the Chief Executive officer who shall Ье secretary to the Council.
(2) The memЬers of the Council appointed under subsection (1) (а) and (h) shall hold office for three years and may Ье nominated for а further final term of three years.
s.156 (3) Insert the following new subsection immediately after subsection (3)-
(4) The CaЬinet Secretary may issue а moratorium on inter-country and residents adoptions where there is sufficient evidence to support the opinion that such adoptions or processes leading up to such adoptions are likely to Ье in contravention of the Constitution or any other law, or any international treaties or conventions to which Kenya is а party.
The Copyright
Act, 2001 (No.
12 of 2001).
S.2
Delete the word "Minister" wherever it occurs and substitute therefor the words "CaЬinet Secretary"
s.7 Delete the word "Minister" wherever it occurs and substitute therefor the words "CaЬinet Secretary"
s.9 Delete the word "Minister" wherever it occurs and substitute therefor the words "CaЬinet Secretary"
209
Statute Law (Miscellaneous Amendments) No.11
The PuЬlic Officer Ethics Act, 2003 (No. 4 of2003)
The Persons
with DisaЬilities
Act 2003 (No.
14 of2003)
s.ll s.16 s.18(3)
S.30(8)
s.30A
s.39(3) s.45(3) s.46 s.48
s.49
s.3
s.4
Delete the word "Minister" wherever it occurs and substitute therefor the words "Cabinet Secretary"
Delete the word "Minister" wherever it occurs and substitute therefor the words "CaЬinet Secretary"
Delete the word "Minister" wherever it occurs and substitute therefor the words "CaЬinet Secretary"
Insert the words "and performance for private purposes shall include the digital content of artistic works" at the end thereof.
Delete
Delete the word "Minister" and substitute therefor the words "CaЬinet Secretary"
Delete the word "Minister" and substitute therefor the words "CaЬinet Secretary"
Delete the word "Minister" and substitute therefor the words "CaЬinet Secretary"
Delete the word "Minister" and substitute therefor the words "CaЬinet Secretary"
Delete the word "Minister" and substitute therefor the words ''CaЬinet Secretary"
Insert the following new subsection immediately after subsection (9)-
(9А) The Witness Protection Advisory Board estaЬlished under the Witness Protection Act, 2003 shall Ье the responsiЬle commission for the memЬers of the Witness Protection Agency estaЬlished under that Act.
Delete and substitute therefor the following new section-
MemЬership. 4. (1) The Council shall consist of-
(a) the Chairperson, who shall Ье drawn from organizations
210
Statute Law (Miscellaneous Amendments) 2017
of persons with disabllities and who shall Ье appointed Ьу the President;
(Ь) the Principal Secretary in the Ministry responsiЬle for matters relating to disabllities or а representative duly appointed in writing.
(с) the Principal Secretary in the Ministry responsiЬle for finance or а representative duly appointed in writing;
(d) the following persons appointed Ьу the Cablnet Secretary-
(i) four persons representing various
categories of disabllities, nominated Ьу organizations of persons with disabllities;
(ii) two persons nominated Ьу organizations for persons with disabllities, one of whom shall Ье from organizations of parents of person with mental disabllities.
211
(е) the executive Director of the Council who shall Ье the Secretary to the Council.
(2) The appointing authority, in making appointments under this section, shall ensure that-
(a) there is equitaЬle representation of categories of persons with disabllities and that not more than two-thirds of the memЬers are of the same gender;
(Ь) at least one of the memЬers of the Council shall Ье from а rural-based organization;
(с) persons appointed have knowledge or experience of the needs of persons with disabllities and Ьelong to а related group or organization;
(d) the requirement of а mix of skills across all functionalities of the Council is observed.
s.5 Delete and substitute therefor the following new section-
Tenure of office. 5. The Chairperson and memЬers appointed under section 4(1)(d) shall hold office for а period not
No.ll
The Refugees
Act 2006.
(No. 13 of 2006)
The Anti Counterfeit Act,
2008 (No. 13 of
2008)
212
Statute Law (Miscellaneous Amendments) 2017
exceeding three years and shall Ье eligiЬle for re appointment for а further term not exceeding two years.
s.6 Delete the word "Department" and substitute therefor the expression "Secretariat".
Delete the expression "Department of Refugee Affairs" wherever it appears and substitute therefor the expression "Refugee Affairs Secretariat".
s.8(3) Delete the words "Provincial administration and intemal security" appearing in paragraph (Ь) and substitute therefor the words "interior and co-ordination of national govemment".
s.6(1) Delete the introductory portion and substitute therefor the following-
"There shall Ье а Board of the Agency which shall consist of-
Delete the word "industrialization" appearing in paragraph (Ь) and substitute therefor the word "trade".
The Competition Schedule
Act, 2010 (No. Para 3
10 of2010)
The Judicial s.5
Service Act
2011 (No. 1 of
Delete subparagraph (4) and substitute therefor the following-
(4) The chairman shall preside at all meetings of the Authority at which he is present, and in his absence the memЬers present may appoint one from among their number to preside at the meeting
lnsert the following new subsection immediately after subsection (4)-
2011) (5) If а vacancy occurs in the office the
Chief Justice and that of the Deputy Chief
Justice, or if the Deputy Chief Justice is unaЬle to act in the absence of Chief Justice,
the senior most judge in the Supreme Court shall act as the Chief Justice and shall
assume the administrative duties of the Chief Justice until the IIOSition of Chief Justice or Deputy Chief Justice is filled.
The National Police Service Act, 2011 ((No.
11А of2011)
213
Statute Law (Miscellaneous Amendments) No.ll
s.13(7) Insert the following new subsection immediately after subsection (7)-
(8) Whenever а vacancy occurs in the office of the Deputy Inspector-General, the President may on the recommendation of the
Commission appoint а suitaЬly qualified police officer to act as Deputy Inspector General until the appointment of the substantive holder of the office, provided that such police officer appointed to serve in acting capacity shall serve for а period not exceeding six months.
s.27 Insert the following new paragraph immediately after paragraph (j)-
(ja) collection of criminal intelligence.
TheKenya Citizenship and lmmigration Act, 2011 (No.
12 of 2011)
s.11
Insert the words "and has acquired residence status" immediately after the expression "seven years" appearing in the introductory portion.
s.15(2) Delete the expression "five years" and
substitute therefor the expression "seven years".
s.16(2) Delete the expression "five years" and substitute therefor the expression "seven years".
s.19(1) Insert the words "or registration" immediately after the words "Ьу Ьirth".
s.27(3) Insert the following new paragraph at the end thereof-
(h) such other documentation or information as the Director may require to ascertain the citizenship status of the applicant.
s.37 Delete the introductory portion and substitute therefor the following-
"The following persons, their spouses, children and dependants shall Ье eligiЬle upon application in the prescriЬed manner for grant of permanent residence status in Kenya....".
214
Statute Law ( Miscellaneous Amendments) 2017
Insert the words "or dependants under any law" immediately after the word "children" appearing in paragraph (с).
Insert the following new paragraph immediately after paragraph (с)-
(са) children of registered citizens who are bom before their parents acquire citizenship.
Insert the following new paragraph immediately after paragraph (d)-
(e) widows or widowers of Kenyan citizens.
s.40(10) Delete the words "may appeal to the High Court" and substitute therefor the words "may apply to the Cablnet Secretary for review in the prescriЬed manner".
Insert the following new subsections immediately after subsection (10)-
(11) А notice of approval or rejection as the case may Ье, of an application under this section shall Ье issued to the respective applicant in the prescribed manner.
(12) Where the notification issued under subsection (11) is for the rejection of the application, an aggrieved applicant may apply for а review of the Cablnet Secretary's decision within а period of ninety days from the date of receipt of the notification and may appeal the decision of the Cablnet Secretary to the High Court.
s.41(1) Delete the words "refeпed to in paragraph (а)' and substitute therefor the words "in respect of which the permit was issued".
s.49(6) Delete the word "issues" and substitute therefor the word "issued".
s.50 Renumber the ex1stшg prov1sюn as subsection (1) and insert the following new provision-
The National Construction Authority Act
2011 (No 41 of
2011)
Kenya School of
Government
Act, 2012 (No. 9 of 2012)
215
Statute Law (Miscel/aneous Amendments) No. 11
(2) The CaЬinet Secretary shall notify the estaЬlishment of holding facilities Ьу notice in the Gazette.
s.53 Delete the expression "(n)" and substitute therefor the expression "(m)".
s.18(5) Delete the expression "sections 14 and 16" and substitute therefor the expression "section 16".
s.30(c) Delete the expression "section 29" and substitute therefor the expression "section
31".
s.42(2) Delete the expression "section 29" appearing in paragraph (а) and substitute therefor the expression "section 31
s.13(3A) Insert the words "Ьу the Council" immediately after the word "appointed"
s.21(4) Delete the word "Commission" and substitute therefor the word "Council".
The Value
Added Тах Act,
2013 (No. 35 of
2013)
First Schedule (Part 1- Goods)
First Schedule (Part 11- Services)
Insert the following new paragraph immediately after paragraph 30 -
ЗОА. ТахаЬlе supplies, procured locally or imported for the construction of liquefied petroleum gas storage facilities with а minimum capital investment of four Ьillion shillings and а minimum storage capacity of fifteen thousand metric tonnes as approved Ьу the CaЬinet Secretary for National Treasury upon recommendation Ьу the CaЬinet Secretary responsiЬle for liquefied petroleum gas.
Insert the following new paragraph immediately after paragraph 27-
The Retirement Benefits (Deputy President and Designated Officers) Act
2015 (No. 8 of
2015)
216
Statute Law (Miscellaneous Amendments) 2017
shillings and а minimum storage capacity of fifteen thousand metric tonnes as approved Ьу CaЬinet Secretary for National Treasury upon recommendation Ьу the CaЬinet Secretary responsiЬle for liquefied petroleum gas.
Long title Insert the words " Deputy Chief Justice or Chief Justice" immediately after the word "Speaker".
s.2 Insert the following new definitions in their proper alphaЬetical sequence-
"retired Chief Justice" means а person who, having held the office of Chief Justice, has ceased to hold· the office as such in the manner specified in the Constitution;
"retired Deputy Chief Justice" means а person who, having held the office of Deputy Chief Justice, has ceased to hold office as such in the manner specified in the Constitution;"
s. 3 Delete and substitute therefor the following new section-
Persons entitled to Ьenefits.
(a) at any time after the 1st January, 1993, retire as Deputy President, Prime Minister, Vice-President or Speaker; or
(Ь) at any time after the 27th August, 2010, retire as Chief Justice or Deputy Chief Justice.
217
New Insert the following sections immediately after section 5-
Pension and other 5А. А retired Chief Ьenefits ofretired Justice shall, during his or her Chief Justice
lifetime, Ье entitled to-
(a) а montbly pension equal to eighty per cent of the montbly salary of the entitled person's last monthly salary while in office;
(Ь) а lump sum payment on retirement, calculated as а sum equal to one year's salary paid for each term served in office;
(с) one saloon vehicle of an engine capacity not exceeding 2000 се which shall Ье replaceaЬle once every four years;
(d) one four-wheel drive vehicle of an engine capacity not exceeding
3000 се which shall Ье replaceaЬle once every four years;
(е) а fuel allowance equal to fifteen per cent of cuпent montbly salary of the office holder;
(t) full medical and hospital cover, providing for local and overseas treatment, with а reputaЬle insurance сотраnу for the entitled person and the entitled person's spouse;
(g) the additional Ьenefits set out in the First Schedule.
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Statute Law ( Miscellaneous Amendments) 2017
Pension and o her SB. А retired Deputy
Deputy Chief Justice. Ie UStiCe S , urшg S or her lifetime, Ье entitled to-
(a) а monthly pension equal to eighty per cent of the monthly salary of the entitled person's last monthly salary while in office;
(Ь) а lump sum payment on retirement calculated as а sum equal to one year's salary paid for each term served in office;
(с) one salon vehicle of an engine capacity not exceeding 2000 се which shall Ье replaceaЬle once every four years;
(d) one four-wheel drive vehicle of an engine capacity not exceeding 3000 се which shall Ье replaceaЬle once every four years;
(е) а fuel allowance equal to fifteen per cent of the current monthly salary of the office holder;
(f) full medical and hospital cover, providing for local and overseas treatment, with а reputaЬle insurance сотраnу for the
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Statute Law (Miscellaneous Amendments) No.ll
entitled person and the entitled person's spouse;
(g) the additional benefits set out in the First Schedule.
The Business Registration Service Act
2015 (No. 15 of
2015)
First
Schedule
s.2
Insert the words "the Deputy chief Justice or the Chief Justice" immediately after the words "the Senate" appearing in the title.
Delete the definition of the expression
"Registrar-General".
Insert the following new definition in proper alphaЬetical sequence-
"Director-General" means the Director General of the Service appointed under section 17.
s.4(1) Delete and substitute therefor the following new subsection-
(1) The Service shall, under the general supervision of the Cabinet Secretary, Ье responsiЬle for the implementation of policies, laws, and other matters relating to the registration of Companies, partnerships and firms, individuals and corporations carrying on business under а business nате, bankruptcy, hire-purchase, and chattels transfers.
s.5(2) Insert the words "or his representative" at the end ofparagraphs (с) and (d).
Delete paragraph (f) and substitute therefor the following new paragraph-
(f) the Director-General, who shall Ье an
ex-o.fficio member.
s.17 Delete and substitute therefor the following new section-
Director General 17. The Board shall appoint а Director-General on such terms and conditions
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Statute lдw ( Miscellaneous Amendments) 2017
as may Ье specified in the instrument of appointment
s.18 Delete the expression "Registrar-General" wherever it appears and substitute therefor the expression "Director-General".
s.18(1) Delete paragraphs (а) and (Ь) and substitute therefor the following new paragraphs-
(a) is an advocate of the High Court of not less than ten years standing.
(Ь) has at least five years' working experience at а senior management position in puЬlic affairs or in а commercial environment.
s.19(1) Insert the following new paragraph immediately after paragraph (d)-
(е) failure to perform in accordance with agreed targets.
s.l9(2) Delete the expression "Registrar-General" wherever it appears and substitute therefor the expression "Director-General".
s.20(1) Delete the word "Registrar" and substitute therefor the word "directors".
s.21 Delete the expression "Registrar-General" wherever it appears and substitute therefor the expression "Director-General".
s.27(2) Delete the word "Board" and substitute therefor the word "Service".
s.28(3) Insert the words "who are engaged in the functions as set out under section 4(1)" immediately after the words "of this Act".
Insert the words "of staff' immediately after the word "memЬers" appearing in paragraph (е).
s.Зl Delete and substitute therefor the following new section-
Secondment of staff 31. (1) Subject to subsection (2), all persons who, immediately Ьefore the commencement of this section were memЬers of the
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2017 Statute Law (Miscellaneous Amendments) No.ll
Department of the Registrar General engaged in the activities of the Service as set out in section 4(1) shall upon such commencement, Ье deemed to Ье on secondment to the Service.
(2) Notwithstanding the provisions of subsection (1), within twelve months after the commencement of this section, the Service shall review the qualifications of all persons deemed to Ье on secondment to the Service under that subsection, and may retain those found suitaЬly qualified for employment Ьу the Service subject to-
(а) such persons opting to remain in the service of the Service ; and
(Ь) such terms and conditions of service (not Ьeing to the disadvantage of such persons) as may Ье agreed with the Service.
(3) Any employee not
retained Ьу the Service under subsection (2) may exercise
his option to either-
(a) retire from the service of the Government; or in cases where the employee has not reached retirement age, Ье redeployed within the puЬlic service.
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The Companies
Act 2015 (No.
17 of 2015)
222
Statute l.дw ( Miscellaneous Amendments) 2017
(4) Where an employee enters into an agreement with the Service under subsection (2), his service with the Government shall Ье deemed to Ье terminated without the right to severance рау but without prejudice to all other remuneration and benefits рауаЬlе upon the termination of his appointment with the Government.
s.32 Insert the words "in performing the services set out under section 4(1)" immediately after the expression "Registrar-General".
Schedule Delete the words "the vice-chairperson shall
Para 1(6) preside, and in the absence of both the chairperson and the vice-chairperson"
s.93(9) Insert the words "other than а puЬlic listed company" immediately after the word "company".
s.245(1) Delete the expression "Attorney-General" and substitute therefor the expression "Director-General".
(2) Delete the expression "Attorney-General" and substitute therefor the expression "Director-General".
s.468(2) Delete the expression "480" and substitute therefor the expression "470".
s.518 Insert the words "in relation to the nominal value of а public listed company's allotted share capital" immediately after the expression "authorised minimum".
s.520(4) Delete the words "may issue" and substitute therefor the words "may not issue".
s.540(1) Delete the expression "549" and substitute therefor the expression "537"
s.558 Delete the expression "553" and substitute therefor the expression "551".
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Statute Law (Miscellaneous Amendments) No.ll
s.560(1) Delete the expression "553" and substitute therefor the expression "551".
s.986(3) Delete paragraph (d).
s.1024(7) Delete the expression "1025" and substitute therefor the expression "1026".
The Excise Duty Part 1 of the lnsert the words "locally assemЬled motor
Act, 2015 (No. First vehicles and" immediately after the words
23 of 2015) Schedule "excluding" appearing in the item titled
"motor vehicles excluding school buses for use Ьу puЬlic schools of tariff heading
87.02, 87.03 and 87.04".
The High Court (Organization and Administration) Act, 2015 (No.
27 of 2015)
The Court of Appeal (Organization and Administration) Act 2015( No.
28 of 2015)
The Legal Aid Act, 2016 (No. 6 of 2016)
s.l0(2) Delete paragraph (а) and substitute therefor the following new paragraph-
(а) from the 14th January to the second
Wednesday before Good Friday
Delete paragraph (с) and substitute therefor the following new paragraph-
(с) from the 16th September to the 20th
December.
s.26(1) Delete the word "Thursday" appearing in paragraph (а) and substitute therefor the word "Wednesday".
Delete the expression "7th January" appearing in paragraph (с) and substitute therefor the expression "12th January".
s.9(1) lnsert the words "from among universities with an operational legal aid clinic" at the end of paragraph (i).
s.43(1) lnsert the following new subsection immediately after subsection (1)-
(lA) ln determining whether substantial injustice referred to in paragraph (1)(Ь) likely to occur, the court shall take into consideration-
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Statute Law ( Miscellaneous Amendments)
2017
The Miscellaneous Fees and Levies Act, 2016 (No.
29 of2016)
The Water Act,2016 (No 43 of 2016)
(4)
Part А of Second Schedule
Part В of Second Schedule
s.37
s.74
s.85 (3)
(а) the severity of the charge and sentence;
(Ь) the complexity of the case; and
(с) the capacity of the accused to defend themselves.
Delete the words "the court may" and substitute therefor the words "the court shall".
Insert the following new item immediately after item (xxi)-
(xxii) any other goods as the CaЬinet Secretary may determine are in puЬlic interest, or to promote investments which value shall not Ье less than two hundred million sblllings.
Insert the following new item immediately after item (v)-
(vi) any other goods as the CaЬinet Secretary may determine are in puЬlic interest, or to promote investments which value shall not Ье less than two hundred million shillings.
Insert the following new subsection immediately after subsection (4)-
(5). The provisions of this section and section 36 shall not apply in respect of the abstraction of sea water for use in the extraction of salt.
lnsert the following new subsection immediately after subsection (3)
(3) Tbls section does not apply to the provision or abstraction of sea water for the purposes of salt extraction
lnsert the following new paragraph immediately after paragraph (с)-
(d) the provision or abstraction of sea water for the purposes of salt extraction.