An Explainer: The Draft Public Finance Management (Transfer of Functions) Bill, 2023

Background With the promulgation of the Constitution of Kenya, 2010, the country took up a system of governance which embodies devolution and decentralization. The country has two levels of government i.e., the national and county governments. While these two levels of government are separate and

27th January 2023 Kenya Gazette

Legislative Supplements, 2022   The Merchant Shipping (Training and Certification) (Amendment) Regulations, 2022  The Independent Electoral and Boundaries Commission (Amendment) Act, 2023   Designation of Companies Registry   The Attorney-General has designated the establishment of 316, Upper Hill Chambers, to be the Companies Registry for

11th November 2022 Parliamentary Round Up

THE NATIONAL ASSEMBLY Tuesday, November 08, 2022 at 2.30 p.m. MOTION NOTICES Wednesday, November 09, 2022 THE NATIONAL ASSEMBLY Motions NOTICE OF MOTION Appointment of Members of Parliament to the Parliamentary Service Commission. STATEMENTS THE SENATE MOTIONS PAPERS NOTICE OF MOTION Appointment of Members of

MPs want the Government to offer Kshs 15 Billion to fund the Fuel Subsidy programme

Kenyans can now smile as the Legislatures have moved to forestall a looming economic crisis by adding the Ministry of Petroleum and Mining Kshs 15 billion to fund the fuel subsidy programme. The skyrocketing fuel prices always lead to hiked prices of basic commodities hence

Agroecology is the magical bullet to Food Insecurity and Sustainable Farming in Kenya

Agroecology is the application of ecological principles to agricultural systems. Studies reveal that agroecology offers solutions to the ongoing farming and food security challenges in Kenya such as drought, hunger, poverty, and inequality. Agroecology supports small scale farmers in diversity and ensures long-term balance between

Tax Talk Series webinar: A look at post Budget effect on taxes

The Tax Talk Series hosted by the Kenya Revenue Authority held a webinar on April 8, 2022, to discuss the post budget effects on taxes. The session which lasted for close to an hour was moderated by Nixon Omondi – Manager, Digital Economy, Tax Office.

Kenyans dig deeper into their pockets after fuel and LPG prices go up even as regulator seeks to control gas prices 

Rubis Energy recently released its reviewed prices of liquefied petroleum gas refills. Customers refilling a 13kg gas cylinder would have to part with Kshs 3,340 from the current price of Kshs 3,113 being an increase of over Kshs 200. Pricing of cooking gas is unregulated

Kenyan Parliament is mulling over proposed law changes seeking to reduce protection of forests

The Kenyan Parliament is currently reviewing an amendment proposal to the Forest Conservation and Management Act which gives the Kenya Forestry Services (KFS)  authority over boundaries and excisions in state forests. The Forest Conservation and Management Amendment Bill 2021 seeks to repeal Section 34 of

Environmental stakeholders express opposition to controversial Forest Bill

Kenya’s post-independence environmental history has been plagued with arbitrary excisions of public forests resulting in endangered water catchment areas and threats to biodiversity conservation.  Kenya has sought to ensure the sustainable development and management of her forest resources via the enactment of the Forest Act,

Highlights of the Political Parties (Amendment) Bill, 2021

On Thursday, President Uhuru Kenyatta signed into law the Political Parties (Amendment) Bill, 2021 (“Amendment Act”). Following an acrimonious debate in the National Assembly, the Senate on Wednesday, January 26,  passed the Political Parties (Amendment) Bill, 2021, without any amendments. The new law now sets

Highlights of the Business Registration Services Draft Bill

The Business Registration Services has published several business laws amendments bills. They hope the amendments will address the necessary gaps and achieve a coherent legislative framework for these laws. The amendments bills are: The Registration of Business Names (Amendment) Bill,2021. The Insolvency (Amendment) Bill, 2020

Controversial UHC plan gets going

At the National Prayer Breakfast held at Parliament on Thursday, President Uhuru Kenyatta asked MPs to fast track and approve the Bill for the implementation of Universal Health Coverage.  The National Hospital Insurance Fund (Amendment) Bill seeks to make it mandatory for any Kenyan who

Finance Bill, 2021

TAX AMENDMENTS HIGHLIGHTS Introduction: The Finance Bill, 2021 was published on 05th May 2021. The reason for publishing the Bill early, as was the case in 2020, was to comply with the ruling by Justice Winfrida Okwany referencing Petition Number 253 of 2018 where the

Highlights of the Anti-Doping (Amendment) Bill, 2020

Amos Kimunya, the Leader of the Majority Party is proposing amendments to the Anti-Doping Act, 2016 through the Anti-Doping (Amendment) Bill, 2020. The object of the bill is to align the Anti-Doping Act 2016 with the 2021 Anti-doping Code and Regulations so as to allow

Business Laws(Amendment) (No. 2), Bill, 2020

The Business Laws (Amendment) Bill (No.2), 2020 seeks to make various amendments to various statutes highlighted as follows:  Clause 2 of the Bill seeks to amend the Law of Contract Act, Cap 23 to eliminate the requirement of a company seal in execution of documents

What is in the latest BBI Bill?

On the 25th of November, 2020, a newer version of the Constitution of Kenya (Amendment) Bill, 2020 was published by the Government Printers.  The object of this Bill according to its promoters, is to amend the Constitution of Kenya 2010 to address issues arising from

ICT Practitioner’s Bill: The “Birth of a Profession?”

Hon. Godfrey Otsotsi is back with the Information Communication Technology Practitioners Bill 2020 which has triggered murmurs across Kenya’s technology community. The bill seeks to establish a legal framework for the training, registration, licensing, practice and standards of Information Communication Technology (ICT) professionals in Kenya.

Sonko’s sulking and tantrums show frustration

City Hall insiders say the Bill was rejected because the governor is unhappy with allocations that would eventually affect friendly suppliers in the few areas that he remains in charge of.

President Uhuru Kenyatta signs County Revenue Allocation Bill into law

President Uhuru Kenyatta signs revenue County Revenue Allocation Bill into law President Uhuru Kenyatta signed the 2020/2021 County Revenue Allocation Bill into law on Thursday 9th October 2020. This Act allocates a total of Sh369.87 billion to counties. A breakdown of the allocation comprises equitable

Highlights of the Start Up Bill, 2020 in the Senate

IT WILL PROVIDE A FRAMEWORK TO ENCOURAGE GROWTH,
SUSTAINABLE TECHNOLOGICAL DEVELOPMENT AND NEW
ENTREPRENEURSHIP EMPLOYMENT.

Referral by H.E. the President of the Parliamentary Pensions (Amendment) Bill, 2019

Following the passing of the
Parliamentary Pensions (Amendment)
Bill (National Assembly Bill No. 45 of
2019) on 5th August, 2020, the National
Assembly the same was presented
to the President for assent which he
has referred back to the Assembly for
reconsideration.

Should children and adolescents have access to reproductive health care services?

Kenya has a National Policy on Adolescent Sexual and Reproductive Health (ASRH) developed in 2003 and reviewed in 2015. It is said that the Policy laid the foundation for development of related policies, strategies and guidelines on ASRH as well as enhanced partnerships between government, private sector, non-governmental organizations (NGO) and civil society organizations (CSOs).

Part 3: Cost of (In)fertility in Kenya- A case for assisted reproductive technologies

Reproductive rights rest on the recognition of the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, and the right to attain the highest standard of sexual and reproductive health.

Part 2: The Reproductive Healthcare Bill, 2019

The question of right to terminate a pregnancy: Is it time to recognize a woman’s freedom to choose? As highlighted in last week’s feature, a pertinent issue that has come up in the debate of the proposed Reproductive Health Bill, 2019 is whether or not

The Companies (Amendment) Bill, 2020

Introduction With the COVID-19 pandemic here to stay, corporations are now forced to operate digitally. Early in the year the Capital Markets Authority released a note stating that publicly listed companies are allowed to hold virtual meetings since they cannot host their statutory meetings in

The Reproductive Healthcare Bill, 2019

Kenya’s Senate is considering a reproductive healthcare bill, which seeks to address reproductive health gaps. This is the second time the bill has come before the Senate. It has, once again, drawn fire from religious groups, some politicians and civil society lobbies opposed to its proposals.

Proposed Contract Law reforms

After decades of using the English law of contract, Kenya is at the verge of having its own elaborate Law of Contract Act. The existing Act is arguably the shortest Act with 4 sections. Previous attempts to amend it have not been so successful, most notably the recent proposed amendment in the Law of Contract (Amendment) Bill, 2019 sponsored by Hon. Waititu Francis Munyua. The Bill seeks to amend the Act so that in case of a default by the principal borrower, the creditor would first realise the assets of the principal borrower before proceeding to realise the assets of the guarantor. President Uhuru Kenyatta however, sent back the proposed amendment to Parliament with his reservations and the Bill collapsed.

Highlights of the Central Bank of Kenya (Amendment) Bill, 2020

In February, the Central Bank of Kenya (CBK) and the Treasury announced that they are preparing a law that will cover digital mobile lenders. It was during this period that the CBK Deputy Governor Sheila M’Mbijjewe shared that a suicide incident had been reported to