President Uhuru Kenyatta REJECTED the Information Communication Technology Practitioners Bill (ICT), 2020
Section of Kenyans called on Cabinet Secretary Joe Mucheru to advise President Kenyatta against signing the
Bill, adding that it would undermine players in the sector. The highly contentious Bill sought to have all local
ICT practitioners licensed and registered by a council.
Also rejected is The Insurance Professionals Registration Bill of 2020; and the Higher Education Loans Bill
of 2020, which were all sent back to Parliament with memoranda
10 BILLS ASSENTED INTO LAW!
The Head of State, President Uhuru signed into law 10 Bills whose salient features are as follows:
- 2022 Appropriation Bill, and the 2. Supplementary Appropriation Bill 2022
The principal aim of these Acts of Parliament is to authorize the issue of certain sums of money out of
the Consolidated Fund and their application towards the service of the year ending on the 30th June
2022, and to appropriate those sums for certain public services and purposes. - Finance Bill 2022;
The Finance Act, 2022, seeks to raise revenue to fund the Sh3.33 trillion Budget for the 2022/23 financial
year. Parliament rejected a proposal by the National Treasury to increase the price of maize and wheat
flour. The MPs also handed a reprieve to wines and spirits dealers and consumers, rejecting proposed
increases in taxes. The lawmakers shot down a proposal to charge excise duty on motorcycles, which
would have seen prices rise by up to Sh13,403.64 per unit from Sh12,185.16.
Parliament also rejected a proposed requirement for an individual or company to deposit 50% of the
disputed amount before filing an appeal at the High Court, signaling a big blow to the Kenya Revenue
Authority.
The Parliamentary committee, however, retained a proposed increase in taxes on beauty products and
jewelry. The MPs also adopted a proposal by the Kenya Association of Manufacturers (KAM) to exclude
the proposed excise duty on locally manufactured chocolate products- white chocolate, chocolate in
blocks, slabs, or bars. - Radiographers Bill; 2021
The principal object of this Act is to provide a legislative framework for the training, registration and
licensing of radiographers, so as to regulate their practice.
| We Make it Easy | Integrity ● Competence● Justice | www.wka.co.ke - National Electronic Single Window Bill, 2021
The principal object of the Act is to provide a framework to facilitate trade and commerce using the
National Electronic Single Window System to fulfill all imports, exports, and transit-related regulatory
requirements.
The system shall serve as the single entry point and a platform for persons involved in international trade
to— (a) lodge standardized import and export documents electronically, for processing and approval;
and (b) facilitate electronic payments for transactions lodged through the system. - Traffic (Amendment) Bill; 2021
The principal object of the Amendment Act is to amend the Traffic Act, Cap 403 to align it with the
Constitution to facilitate the implementation of traffic laws and regulations.
The Act seeks to amend section 44 (1) of the principal Act since section 44 (1) on Driving under the
Influence as currently drafted contains a subjective test that may not be easily implemented with such
words:-
“Any person who, when driving or attempting to drive, or when in charge of a motor vehicle is under
the influence of an alcoholic drink or drug to such an extent as to be incapable of having proper
control of the vehicle, shall be guilty of an office and liable to a fine not exceeding KES 100,000 or to
imprisonment for a term not exceeding 2 years or both” with an objective test “ is under the
influence of an alcoholic drink or drug beyond the prescribed limits”. - National Government Development Fund (Amendment) Bill,
The principal object of this Amendment Act is to amend the National Government Constituencies
Development Fund Act, 2015 to provide for an accountable process for allocation of funds for purposes
of running the National Government Constituencies Development Fund Board.
The amendment also provides for the retention of the savings and accruals to the National Government
Constituencies Development Fund. - Supreme Court (Amendment) Bill of 2022
The purpose of this Amendment Act is to amend the Supreme Court Act, 2011 in order to align it with
the current practices of the Court and to improve the Court’s efficiency in the discharge of its duties.
A number of sections of the Act have been declared unconstitutional, and there is a need to have the
same reflected in the Act. Furthermore, the Court has recommended amendments to the Act in various
cases, such as the Commission on Administrative Justice v Attorney-General & Law Society of Kenya
(Interested Party), Petition No 284 of 2012; Malcolm Bell Case, Supreme Court Application No. 1 of - It is therefore necessary in these circumstances, to update the Supreme Court’s governing statute.
The new section 4 provides that a vacancy in the Supreme Court shall not affect the jurisdiction of the
Court as long the bench has five judges. The Amendment Act amends section 26 of the Act to provide
that the Supreme Court may deliver a judgment by physical or electronic service to the parties in addition
to in open court. - County Allocation of Revenue Bill 2022
The principal object of this Act is to make provision for the allocation of revenue raised nationally
among the county governments for the financial year 2022/23. - The Mental Health (Amendment) Bill 2020
Article 43 (1) (a) of the Constitution guarantees every person the right to the highest attainable standard
of health which includes the right to health care services. The Constitution further establishes two levels
of government, the national government and the county governments. To buttress this Constitutional
requirement, section 73 of the Health Act, 2017 states that Parliament should enact legislation to ensure
inter alia that the rights of an individual suffering from any mental disorder or condition are protected
and mental hospitals with sufficient capacity are established at the national and county levels. It is in
this context that this Act proposes to impose obligations on each level of government to address the
issue of accessibility to mental health services including care, treatment and rehabilitation of persons
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with mental illness. The Act proposes to incorporate within the membership of Kenya Mental Health
Board representation of the county governments. The Act further reviews the membership of the Kenya
Mental Health Board from the current 14 executive members to 9 in order to make the workings of the
Council more efficient and representative.
Please note that the contents of this newsletter are intended to provide a general guide to the subject matter. It
should not be relied upon without legal advice on its contents.
Should you require further information or legal assistance on Compliance or any other legal issue, kindly feel free
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