Managing waste sustainably in Kenya: An overview of Extended Producer Responsibility (EPR) regulations

No year has proven to be a momentous year for environmental management and conservation in Kenya than 2022. On June 16, 2022, the Senate passed the Sustainable Waste Management Bill, 2021, giving rise to a new order for efficient waste management, and propelling Kenya a

24th June 2022 Political & Regulatory Round Up

KENYA Why Ruto changed tune on his plan to abolish CBC Deputy President William Ruto has made a major turnabout on an earlier pledge to abolish the competency-based curriculum (CBC). Dr Ruto has instead promised a hybrid system of education if his Kenya Kwanza Alliance

17th June 2022 Political & Regulatory Round Up

KENYA DCI links Sakaja to global crime ring as ‘fake’ degree saga takes another twist  Nairobi Senator Johnson Sakaja was Thursday night facing arrest after the Directorate of Criminal Investigations (DCI) said that he was a suspect in an international criminal syndicate even as his

Under pressure, IEBC needs to manage stakeholders

It will take a special process for the National Assembly to hold a sitting following last Thursday’s adjournment of its sittings indefinitely. Among the institutions that had hoped to have its issues resolved before the legislators effectively closed shop was the electoral commission, which had

10th June 2022 Political & Regulatory Round Up

KENYA Block These People From Polls, EACC Tells Chebukati The anti-corruption watchdog Thursday put pressure on 241 aspirants facing integrity probes barred from contesting in the forthcoming General Election. However, efforts by the Ethics and Anti-Corruption Commission (EACC) were opposed by the electoral commission, which

3rd June 2022 Political & Regulatory Round Up

KENYA Inside the deal that saw Kalonzo rejoin Azimio coalition Wiper leader Kalonzo Musyoka has secured Cabinet slots and a commitment of law change to create the post of Prime Minister, which he will hold, should Azimio presidential candidate Raila Odinga form the next government.

Enhancing telecommunication interoperability in Kenya: A Peek at Draft Interconnection Regulations, 2022

The draft  Kenya Information and Communications Act (Interconnection) Regulations form part of a series of features highlighting the salient details of the four draft regulations published by the Ministry of ICT.  Why is it important At its core, the draft Interconnection Regulations have been developed

27th May 2022 Political & Regulatory Round Up

KENYA In the Iron Lady of Kenyan politics, a statement of belief Raila Odinga’s running mate Martha Karua has excited sections of the population, especially the millions of Kenyan women and young girls who see her as the embodiment of a promise come true. Whether

ICT infrastructure sharing: A close dissection of the draft regulation with hopes to accelerate digitisation of the Kenyan economy

From fibre optic cables to telecommunication masts, multimedia gateways to mobile money transfer platforms, the development and deployment of tangible and intangible ICT infrastructure is an extremely capital-intensive undertaking.  ICT infrastructure rollout and availability is critical to ensure access to reliable digital services. In a

The clock is ticking for corporations to integrate ESG systems into their frameworks

On November, 29, 2021, the Nairobi Securities Exchange (NSE) launched its Environmental, Social and Governance (ESG) Disclosures Guidance Manual. These guidelines require that companies listed on the NSE report publicly on their ESG performance at least annually. Why is this important? Well, under the Code

20th May 2022 Political & Regulatory Round Up

KENYA Fresh hurdle as Raila’s Azimio legality challenged in court Azimio la Umoja One Kenya Coalition party, one of the two major political formations in the lead-up to the August 9 elections, faces a fresh hurdle after two petitioners challenged its legality at the High

13th May 2022 Political & Regulatory Round Up

KENYA Mudavadi, Karua lead in running mate race, Wiper Party boss a distant second Amani National Congress (ANC) leader Musalia Mudavadi and his Narc Kenya colleague Martha Karua are the most preferred running mates for Deputy President William Ruto and his main challenger Raila Odinga,

Proposed Regulations on Share Buybacks under the draft Capital Markets (Securities)(Public Offers Listings and Disclosure) Regulations, 2022

The Capital Markets Authority (CMA) has published draft rules that will, among other things, provide for share buybacks by listed companies in Kenya. Despite the Companies Act, 2015, introducing the concept of share buyback in the country, the CMA expressed concerns that the move could

6th May 2022 Political & Regulatory Round Up

KENYA Uhuru offers Kenneth and Sabina in search for Raila running mate Mr Kalonzo Musyoka, Mr Peter Kenneth and Ms Martha Karua are among 20 individuals whose names have been submitted to a panel vetting running mate candidates for Azimio la Umoja One Kenya presidential

Recognising the youth during World Intellectual Property Day and what recordation entails for importers

The World Intellectual Property Day is observed annually on April 26. Since the year 2000, the day is celebrated to raise awareness of the impact patents, copyright, trademarks and design have on our daily life. Intellectual Property (IP) rights are used to encourage innovation and

28th April 2022 Political & Regulatory Round Up

KENYA Azimio, Kenya Kwanza allied MPs turn Kibaki sitting to political duel  A special sitting of the National Assembly to mourn former President Mwai Kibaki was reduced to a political duel between Azimio la Umoja, One Kenya and Kenya Kwanza coalitions. The sitting was called

22nd April 2022 Political & Regulatory Round Up

KENYA Bloodbath: MCAs rejected in Ruto, Raila strongholds It was a bloodbath for a majority of Ward Reps in the strongholds of Deputy President William Ruto and former Prime Minister Raila Odinga as voters rejected them in the party primaries last week. Almost 90 per

14th April 2022 Political & Regulatory Round Up

KENYA  Key races in Rift Valley, Mt Kenya as UDA holds primaries Politicians allied to Deputy President William Ruto are today facing a fight for their political lives when the United Democratic Alliance (UDA) conducts nominations in 36 of the 47 counties, a logistical nightmare

8th April 2022 Political & Regulatory Round Up

KENYA  IEBC gets Sh22 billion extra for August elections The Independent Electoral and Boundaries Commission (IEBC) has been given an extra Sh21.7 billion to conduct the elections in August. The new funding, announced by National Treasury Cabinet Secretary Ukur Yattani while detailing his budget highlights

Health ministry clarifies Breast Milk Substitutes regulations after uproar on alleged ban of feeding bottles

The Ministry of Health has come out to clear the air after media reports indicated that the ministry had banned the use of breastfeeding bottles. The MoH termed the reports as misinformation by the media which led to a public outcry this week. The media

Road to film and broadcast content regulation: KCFB’s proposed co-regulation framework and issues raised

The Kenya Film Classification Board seeks to assess the regulatory framework of the broadcast and Over The Top (OTT) and Video on Demand (VOD) in the country with a view to implement a co-regulation framework in a bid to ease business as well as create

1st April 2022 Political & Regulatory Round Up

KENYA Uhuru’s own goal: How President’s hand in BBI campaign bungled initiative President Kenyatta seems to have scored an own goal in his quest to amend the Constitution through the Building Bridges Initiative (BBI). This is after the Supreme Court held on Thursday that his

25th March 2022 Political & Regulatory Round Up

KENYA MPs slash Sh500m from vaccine plant budget Parliament has slashed the budget set aside for building a factory in Kenya to make vaccines including for Covid-19 by Sh500 million. This is after the Budget and Appropriations Committee (BAC) backed the Health Committee’s recommendation to

New regulations set to tame predatory digital lending practices in Kenya

Digital lenders have up to September 2022 to comply with regulatory requirements, including licensing by the Central Bank of Kenya (CBK). The Central Bank of Kenya (Digital Credit Providers) Regulations, 2021 (“Draft Regulations”), which are expected to be published before the end of March 2022,

18th March 2022 Political & Regulatory Round Up

KENYA Make public coalition deal, Azimio parties now demand  Five disputes are derailing the Azimio la Umoja agreement, with protests by some parties about the document that named Orange Democratic Movement (ODM) leader Raila Odinga the coalition’s presidential flag bearer. The Nation has established that

11th March 2022 Political & Regulatory Round Up

KENYA  Nick Salat’s vitriol confounds OKA leaders  A fierce war of words broke out yesterday between allies of Wiper leader Kalonzo Musyoka and Kanu chairman Gideon Moi, exposing the growing rift in One Kenya Alliance (OKA) over plans to join Azimio la Umoja. Still reeling

4th March 2022 Political & Regulatory Round Up

KENYA  Kenyan politics marred with blackmail, intimidation, Ruto tells Americans  Deputy President William Ruto has said that there is a lot of blackmail and intimidation ahead of the August 9 polls. Speaking at the Karson Institute for Race, Peace and Social Justice in Maryland, US,

Proposed EU Data Act and possible impact of the rules

On February 23, the European Commission proposed new rules on who can use and access data generated in the EU across all economic sectors. These rules would be contained in the proposed Data Act. According to the press release, the proposal for the Data Act

25th February 2022 Political & Regulatory Round Up

KENYA Why Uhuru is Ruto’s new nightmare  President Uhuru Kenyatta’s aggressive performance on the political stage could upset his deputy’s strategy and potentially dismantle Kenya Kwanza’s political arithmetic. Uhuru on Wednesday began mobilising his Mt Kenya political backyard to support ODM leader Raila Odinga and

18th February 2022 Political & Regulatory Round Up

KENYA Kalonzo: OKA and Azimio in talks to form super alliance  Wiper leader Kalonzo Musyoka has given the clearest hint that a deal between the One Kenya Alliance (OKA) and ODM leader Raila Odinga’s Azimio la Umoja could be sealed soon. Mr Kalonzo said although

New NHIF proposals face strong opposition

The Cabinet Secretary for Health has published the National Health Insurance Fund (Contributions) Regulations, 2022 (Draft Regulations). The changes are meant to boost Universal Health Coverage (UHC), but for the changes to work, Ms Mugo, Executive Director of FKE, stated that NHIF needs to step

11th February 2022 Political & Regulatory Round Up

KENYA Forget about Mt Kenya, Anne Waiguru tells Uhuru Kenyatta Kirinyaga Governor Anne Waiguru has vowed to teach President Kenyatta a political lesson in his Mt Kenya backyard for abandoning Deputy President William Ruto in the succession race. Once a close ally of the President,

4th February 2022 Political & Regulatory Round Up

KENYA Kimunya election bill causes online storm  The introduction of a Bill seeking to bring back manual transmission of election results, which was last used in 2007, has elicited mixed reactions on the internet since Wednesday, February 2,  and the better part of Thursday morning.

28th January 2022 Political & Regulatory Round Up

KENYA Uhuru’s assent to coalition parties bill opens new political battlefront  President Uhuru Kenyatta’s speedy assent to the Political Parties (Amendment) Bill has heralded a new political order that will see presidential contenders compete to form coalitions with rival camps, and potentially thrown the August

What you need to register as a data controller or processor

2022 has been hailed as Kenya’s year for data protection compliance. Despite enactment of the Data Protection Act in November 2019, enforcement of Kenya’s data protection framework has largely remained hindered due to lack of a functioning regulatory supervisory authority, as well as insufficient regulations

21st January 2022 Political & Regulatory Round Up

KENYA Uhuru bans scrap metal business over increased vandalism President Kenyatta has banned exports and dealings in scrap metal, hitting hard traders currently operating in the sector. Speaking at the National Police College in Kiganjo, Nyeri County,  during a passing out parade on Wednesday, Mr

Lifting the veil of ambiguity around transfers of personal data outside Kenya – the 2022 version of the draft Data Protection (General) Regulations

In an increasingly globalised world, consequential and integral to international trade is the flow of data. More than ever, for-profit organizations are expanding the scope of their operations across the globe to access new and larger markets or to capitalize on lenient tax regimes. Correspondingly,

IEBC releases 2022 election timelines

The Independent Electoral and Boundaries Commission has given notice through a press release that the General Elections shall be held on Tuesday, 9th August, 2022.  The following election dates/ timelines are universal amongst all categories of candidates vying during the 2022 General Election: UNIVERSAL TIMELINES

14th January 2022 Political & Regulatory Round Up

KENYA OKA principals snub Uhuru, Raila meeting with pro-handshake MPs One Kenya Alliance (OKA) principals yesterday skipped a luncheon organised by President Uhuru Kenyatta and ODM leader Raila Odinga, reportedly scuttling the agenda of the State House meeting. The Standard has established that OKA principals

7th January 2022 Political and Regulatory Round Up

KENYA Whistleblowers to get 10pc of cash recovered  Whistleblowers whose disclosure results in the recovery of money or assets will get 10 percent of the cash or the value of the asset if MPs approve a new Bill. The Whistleblower Protection Bill seeks to establish

17th December 2021 Political & Regulatory Round Up

KENYA Civil servants face Sh1m fine for failure to declare wealth by end year  Civil servants risk a Sh1 million fine or a jail term of two years if they fail to declare their wealth and that of their spouses and children ahead of the

10th December 2021 Political & Regulatory Round Up

KENYA No More Harambees for 2022 Elections Aspirants (Source: Daily Nation) Political aspirants will from 9th December not be allowed to participate in harambees for the benefit of others, thus ending a campaign issue that has fuelled conflict between Deputy President William Ruto and opposition

3rd December 2021 Kenya Gazette Review

National Assembly Bills, 2021  The Forest Conservation and Management (Amendment) Bill, 2021 The Public Appointments (Parliamentary Approval) (Amendment) Bill, 2021 Legislative Supplements, 2021 The National Hospital Insurance Fund Act – Declaration of Hospitals The Water Act – Designation of Basin Areas Acts, 2021  The Refugees

26th November 2021 Political and Regulatory Round Up

KENYA CMA bars ailing companies from share buybacks  The Capital Markets Authority (CMA) has barred listed firms with negative equity from rolling out share buybacks, locking out cash-strapped companies from the process largely applied to correct perceived undervaluation of stock. The regulator has ruled that

19th November 2021 Political and Regulatory Round Up

KENYA The Anti-Corruption and Economic Crimes (Amendment) Bill seeks to bar corrupt officials from public office (Source: Business Daily) State and public officers convicted of corruption or economic crimes will be permanently barred from vying for political seats or holding public office if the Anti-Corruption and

29th October Political and Regulatory Round Up

KENYA BACK TO THE DRAWING BOARD AS TRIBUNAL CANCELS BALLOT TENDER The electoral commission has suffered a blow in its preparations for the 2022 elections after the Public Procurement Administrative Review Board issued the notice blocking the IEBC from awarding the contract for the supply

15th October 2021 Political and Regulatory Round Up

KRA ASSURES ON THE INCLUSIVE FRAMEWORK ON BASE EROSION AND PROFIT SHIFTING The Kenya Revenue Authority (KRA) has allayed fears on the possible loss of revenue from multinational technology firms following the signing of an international Inclusive Framework to reform international tax rules. The fears

Highlights of the Access to Information Regulations, 2021

Before the promulgation of the Constitution of Kenya 2010, the phrase “Serikali ni siri kali” (Government is a big secret) commonly described the futility encountered in attempts to receive information from public institutions.  Article 35 of the Constitution tore that veil of secrecy as it

Regulatory Impact Assessment on the Data Protection Regulations

The Office of the Data Protection Commissioner (ODPC) vide a Gazette Notice No. 4697 informed the public that a Regulatory Impact Assessment (RIA) on the proposed Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021 had been prepared. The aim of the RIA

Public Bodies and data protection: What you need to know

Public bodies are expected to comply with the provisions of the Data Protection Act, 2019. The Act defines a data controller as a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purpose and means of

A note on the Data Protection (General) Regulations

Earlier this month, the Data Protection Task Force along with the Office of the Data Commissioner (ODPC) and the Ministry of ICT, published 3 draft regulations for public participation. This note provides some of the key segments of the Draft Data Protection (General) Regulations, 2021.

New rules for Data Protection

The Officer of the Data Protection Commissioner released Draft Data Protection Regulations earlier this week for public participation. The Regulations comprises: The Data Protection (Compliance and Enforcement) Regulations – The Regulations outline the compliance and enforcement provisions for Data Commissioner, Data Controllers and Data Processors.

Data Protection Regulations: What To Expect

In January 2021, the Cabinet Secretary for Information, Communications, Technology, Innovation and Youth Affairs Hon. Joe Mucheru constituted the Taskforce on the Development of Data Protection General Regulations. The mandate of this taskforce is to develop data protection regulations, conduct a comprehensive audit of the

Data Protection Day 2021: Kenya’s steps into compliance

Yesterday, the 28 of January 2021; was the 15th Data Protection Day and the 40th anniversary of Convention 108. Data Protection Day or Privacy day is a day to raise awareness and promote privacy and data protection best practices. It is usually held on the

Establishment of the Taskforce on Development of the Data Protection (General) Regulations

The Cabinet Secretary for Information, Communications, Technology, Innovation and Youth Affairs, has constituted a Taskforce to be known as the Taskforce on the Development of the Data Protection, General Regulations. The Task force constitutes of the following: Role  Name Chairperson Immaculate Kassait   Members Humphrey Njogu

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.

The Public Finance Management (Credit Guarantee Scheme)Regulations, 2020 Highlights

The Cabinet Secretary for the National Treasury and Planning has published the Public Finance Management (Credit Guarantee Scheme) Regulations, 2020. These Regulations will establish a Scheme that will be known as the Credit Guarantee Scheme. The funds of the Scheme shall consist of monies appropriated by Parliament, proceeds of the Scheme, income from investments made by the Scheme grants, donations, bequests or other gifts and monies from any other source as may be approved by the Cabinet Secretary.

The Proceeds of Crime and Anti-Money Laundering proposed reforms

The National Treasury has published the Proceeds of Crime and Anti-Money Laundering Criminal Assets Recovery Fund Administration Regulations of 2020. Criminal Assets Recovery Fund The draft Regulations are a good step in the implementation of Part XI of the Proceeds of Crime and Anti-Money Laundering

A walk through if the Income Tax (Digital Services Tax) Draft Regulations, 2020.

A digital marketplace was defined in the Finance Act of 2019 as a platform that enables the direct interaction between buyers and sellers of goods and services through electronic means. This definition covers all types of marketplaces however the challenge is that in some instances despite buyers and sellers meeting through a particular platform no value is transferred for goods and services through the platform an example here is a Facebook page or group where buyers and sellers meet but payments are made through private arrangements. However, Facebook would be liable to pay digital services tax for advertising revenue it generates or if payments for goods and services were made within the platform.