Statute Law (Miscellaneous Amendments) Act, 2012 (No. 12 of 2012)

1994 (No. 4 of 1994). S.23 Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions”. S.31 Delete the expression “Attorney-General” wherever it occurs and substitute therefor the expression “Director of Public Prosecutions”. S.33 Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions”. S.34(2) Delete the expression “Attorney-General” and substitute therefor the expression 22 The Statute Law (Miscellaneous Amendments) Act, 2012 “Director of Public Prosecutions”. 38(3) Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions”. S.41(4) Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions”. S.45(2) Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions”. S.59 “Delete the expression “Attorney-General” wherever it occurs in subsections (1) and (2) and substitute therefor the expression “Director of Public Prosecutions”. S.61(2) Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions”. S.63(1) Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions”. S.64 “Delete the expression “Attorney-General” wherever it occurs in subsection (1) and (2) and substitute therefor the expression “Director of Public Prosecutions”. The National S. 6(2) Insert the following new paragraph– Crime Research Centre Act, (aa) the Permanent Secretary to

1997 (No. 4 of the Treasury. 1997). 23 The Statute Law (Miscellaneous Amendments) Act, 2012 Insert the following paragraph immediately after paragraph (b)- (bb) the Director of Public Prosecutions; The Kenya S.2 Insert the following new definitions in Information and their proper alphabetical sequence – Communication Act, 1998 “act of vandalism” means any willful, (No. 2 of 1998). negligent, reckless or malicious act of stealing, destroying, damaging or breaking into telecommunications apparatus, lines, installations, hardware, software or plant used for telecommunication services and systems; “vandalize” means to commit an act of vandalism. S. 25 Insert the following subsection immediately after subsection (3)- (3A) A licensee shall maintain a register of all persons to whom telecommunications services are provided under the licence, in such form as may be prescribed. S.27 (2) Insert the following paragraph immediately after paragraph (g) – (gg) the registration of telecommunication subscribers. S.32 Delete and substitute therefor the following new section – 24 The Statute Law (Miscellaneous Amendments) Act, 2012 32. A person who willfully, with intent to - (a) prevent, obstruct or delay transmission of any message; (b) interfere with the management or operation of a telecommunication apparatus; or (c) unlawfully intercept or acquaint himself or herself with the contents of any message; vandalizes, damages, removes, tampers with, touches or in any other way whatsoever interferes with any telecommunication apparatus or telecommunication line, post, or anything whatsoever, being part of or used in or about any licensed telecommunication system, commits an offence and shall be liable, on conviction to a fine of not less than five million shillings or to imprisonment for a term of not less than ten years or to both. New Insert the following new section immediately after Section 32 - 25 The Statute Law (Miscellaneous Amendments) Act, 2012 Severing 32A. A person who, with with intent intent to steal, severs any to steal. telecommunication apparatus or other works under the control of a licensee, commits an offence and is liable, on conviction, to a fine of not less than five million shillings or to imprisonment for a term of not less than ten years or to both. Fifth Insert the words “ or such longer period Schedule and subject to such terms and conditions as the Minister may by notice in the Gazette, specify” immediately after the words “one year” appearing in subparagraph (a) of the proviso to paragraph 2. Insert the words “or such longer period as aforesaid” immediately after the words “one year” appearing in subparagraph (b) of the proviso to paragraph 2. Insert the words “or such longer period as the Minister may, by notice in the Gazette, specify” immediately after the words “six months” appearing in subparagraph (b) of the proviso to paragraph 3. The Children S.31(1) Insert the following paragraph immediately Act, 2001 after paragraph (g)- (No. 8 of 2001). (gg) the Director of Public Prosecutions. S.124 Delete the expression “Attorney-General” wherever it occurs and substitute therefor 26 The Statute Law (Miscellaneous Amendments) Act, 2012 the expression “Director of Public Prosecutions”. The Copyright S.15 Delete. Act, 2001 (No. 12 of 2001). S.30(1) Delete the words “No person shall do any of the following acts without the authorization of the performer” and substitute therefor the words- “Subject to section 30 of this Act, a performer shall have the exclusive right to carry out any of the following acts- ” Insert the following new paragraph immediately after paragraph (e)- (f) distribution of a fixation of his performance or copies thereof, to the public. (g) the making available to the public of his fixed performance, by wire or wireless means in such a way that members of the public may access them from a place or a time individually chosen by them. S.30(3) Delete the words “unless the recipient knew or had good reason to believe that the claim or appointment, as the case may be was not valid”. 27 The Statute Law (Miscellaneous Amendments) Act, 2012 S.30(4) Delete the words “took place” and substitute therefor the words “was fixed”. S.30(6) Delete and substitute therefor the following new subsection- (6) Subject to subsections (7) and (8), the rights of an owner of a copyright in a fixation of their performance are not infringed by the making of a single copy of the performance for the personal and private use of the person making the copy and in respect of such use the owner of a related right in the performance shall have the right to receive fair compensation consisting of a royalty levied on audo-visual recording equipment or audo-visual blank media suitable for recording and other media intended for recording, payable at the point of first sale in Kenya by the manufacturer or importer for commercial purposes of such equipment or media. Insert the following new subsections- (7) The level of the royalty payable under subsection (6) shall be agreed upon between organizations representative of performers, manufacturers and importers of any audo-visual recording equipment and media intended for recording, or failing such agreement, by the Copyright Tribunal. 28 The Statute Law (Miscellaneous Amendments) Act, 2012 (8) The claims for compensation under this section shall be made through an organization representative of performers. New Insert the following new section immediately after section 30- Right to 30A. (1) If a sound recording is equitable published for commercial purposes or a remuneration for use of reproduction of such recording is used sound directly for broadcasting or other recordings and communication to the public, or is publicly audo visual performed, a single equitable remuneration works. for the performer and the producer of the sound recording shall be paid by the user through the respective collective management organization, and the remuneration shall be shared equally between the producer of the sound recording and the performer. (2) If a fixation of a performance is published for commercial purposes or a reproduction of a fixation of a performance is used for broadcasting or other communication to the public, or is publicly performed, a single equitable remuneration for the performer shall be paid by the user to the collective management organization. (3)The right of equitable remuneration under this section shall subsist from the date of publication of the sound recording or fixed performance until the end of the fiftieth calendar year following the year of publication, provided the sound recording or fixed performance is still protected under section 28 and 30. 29 The Statute Law (Miscellaneous Amendments) Act, 2012 (4) For the purposes of this section, sound recordings and fixations of performances that have been made available by wire or wireless means in such a way that members of the public may access them from a place and a time individually chosen by them shall be considered as if they have been published for commercial purposes. S.36(1) Delete and substitute therefor the following- (1) Every sound and audio- visual recording made available to the public by way of sale, lending or distribution in any other manner to the public for commercial purposes in Kenya shall have affixed on it an authentication device prescribed by the Board. 36(2) Delete the words “from the Kenya Revenue Authority”. 36(3) Delete and substitute the following new sub-section- (3) The authentication device shall be issued to an applicant upon proof that the applicant has been authorized by the copyright owner to manufacture, reproduce, sell, import, rent or otherwise distribute the work. 36(6) Insert the word “knowingly” immediately before the word “sells”. 30 The Statute Law (Miscellaneous Amendments) Act, 2012 Insert the following new subsections- (7) Any work requiring an authenticating device and which is sold or exhibited for sale without the authentication device shall be presumed to be an infringing copy. (8) Any person who, without the permission of the Board― (a) is found to be in possession of or to have reproduced, a security device; or (b) is found to be in possession of any machine, instrument or contrivance intended to be used to produce or reproduce a security device, shall be guilty of an offence and liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding ten years, or to both. S.42 Delete and substitute therefor the following new section- Powers 42. A police officer may of arrest. arrest, without a warrant, any person suspected, upon reasonable grounds, of having committed an offence under this Act, and any officer of the Board who at the time is 31 The Statute Law (Miscellaneous Amendments) Act, 2012 wearing a visible badge of office and authorized thereto in writing by the Board, may arrest, without warrant, any person, who, in his presence, commits any such offence, and may detain such person until that person can be delivered into the custody of a police officer to be dealt with according to law: Provided that a person shall not be arrested or detained without warrant unless reasonable grounds exist for believing that, except by such arrest, the person may not be found or made answerable to justice without unreasonable delay, trouble or expense. The Anti- S.35(1) Delete the expression “Attorney-General” Corruption and and substitute therefor the expression Economic “Director of Public Prosecutions”. Crimes Act,

2003 (No. 3 of 2003). S.36(1) Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions”. S.37(1) Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions.” The Sexual S. 38 Delete. Offences Act,

2006 (No 3 of 2006). 32 The Statute Law (Miscellaneous Amendments) Act, 2012 The Energy Act, S.2 Delete the words “and vessels” appearing 2006 in the definition of the term “apparatus” (No.12 of 2006). and substitute therefor the word “vessels, pipeline, electrical plants and equipment”; Insert the following new definitions in proper alphabetical sequence – “act of vandalism” means any willful, negligent, reckless or malicious act aimed at destroying or damaging an apparatus. “vandalize” means to commit an act of vandalism. S. 23 (1) Delete the proviso. S.64(4) Delete and substitute therefor the following new subsection - (4) A person who willfully or with intent to interfere with the management or operation of the apparatus of a licensee - (a) extinguishes or causes to be extinguished, any public lamps; (b) vandalizes or damages any works of or under the control of a licensee; (c) steals or, with intent to steal, break, throws down or damages any works of or under the control of a licensee; or (d) steals, illegally trades or improperly uses any of the electrical energy supplied by a 33 The Statute Law (Miscellaneous Amendments) Act, 2012 licensee, commits an offence, and shall be liable, on conviction, to a fine of not less than five million shillings or to imprisonment for a term of not less than ten years, or both. New Insert the following section immediately after section 64 ― Serving 64A. A person who, with with intent intent to steal, severs any to steal. conductor, transformer or part thereof, insulator, tower, jumper or other installations under the control of a licensee, commits an offence and is liable, on conviction, to a fine of not less than five million shillings or to imprisonment for a term of not less than ten years, or to both. S.95(3) Insert the following paragraphs immediately after paragraph (b) – (c) diverts for sale in Kenya, goods destined for other markets; S.100(1) Insert the following paragraph immediately after paragraph (e) – (f) being the owner or operator of a bulk storage facility for petroleum products, service station, filling station or storage depot, hoards petroleum products; Insert the following new section immediately after section 108 – 34 The Statute Law (Miscellaneous Amendments) Act, 2012 Protection 108A. The Chairman or from other members of the Tribunal personal liability. shall not be liable to be sued in any court for an act done or omitted to be done by them in the discharge of their duty as members of the Tribunal, whether or not within the limits of the jurisdiction, provided they, at the time, in good faith believed themselves to have jurisdiction to do or order the act complained of; and no officer of the Tribunal or other person bound to execute the lawful warrants, orders or other process of the Tribunal shall be liable to be sued in any court for the execution of a warrant, order or process which he would have been bound to execute if within the jurisdiction of the Tribunal. The Labour S.55(2) Insert the words “unless the person is Institutions Act, registered under this Act” immediately

2007 (No. 12 of after the words “No person shall”. 2007). The S.1 Delete all the words appearing Constituencies immediately after the expression “2007” Development and substitute therefor the words “and shall Fund be deemed to have come into operation on (Amendment) the 30th October, 2007”. Act, 2007 (No. 16 of 2007). 35 The Statute Law (Miscellaneous Amendments) Act, 2012 The Truth, S.20 Insert the following subsections Justice and immediately after subsection (4) – Reconciliation Act, 2008 ( No. (4A) Notwithstanding the provisions of 6 of 2008) subsections (3) and (4), where the Commission is unable to complete and submit its report within the time extended under subsection (4), the Commission shall, submit a progress report to the National Assembly together with a request for a further extension. Provided that a request under this subsection may be made notwithstanding that the period in respect of which it is made has expired. (4B) The National Assembly may, if satisfied with the reasons for the request under subsection (4A), extend the duration for the Commission to complete and submit its report, but shall not in any case extend such duration for more than three months. The Anti- S. 6(1) Insert the following new paragraph Counterfeit Act, immediately after paragraph (e)-

2008 (No. 13 of 2008). (ee) the Director of Public Prosecutions. S.30(1) Delete the expression “Attorney-General” and substitute therefor the expression “Director of Public Prosecutions”. 36 The Statute Law (Miscellaneous Amendments) Act, 2012 The Merchant S.8(2) Insert the following paragraph immediately Shipping Act, after paragraph(g)−

2009 (No. 4 of 2009). (gg) prescribing the requirements for licencing as a maritime services provider, the conditions subject to which a maritime services provider should operate and the standards to be maintained in the provision of services. S.16(1) Delete the words “shipbroker”, “ship breaker”, “cargo consolidator”, “ship repairer” and “maritime training”; Insert the words “empty container depots” immediately after the word “haulage” New Insert the following section immediately after section 412— Penalties 412A. Regulations made under under sections 8, 360, 410 and Regulations. 450 may provide that any person contravening any of the provisions thereof is liable on conviction to a fine not exceeding ten million shillings, or to imprisonment for a term not exceeding ten years, or to both. The Counter – S.1 Place a full-stop immediately after the Trafficking in word “appoint” and delete the rest of the Persons Act, section.

2010 (No. 8 of 2010). 37 The Statute Law (Miscellaneous Amendments) Act, 2012 The Vetting of S.23(2) Delete and substitute therefor the following Judges and new subsections – Magistrates Act,

2011 (2) the Board shall be divided into (No. 2 of 2011). three panels for purposes of vetting, and the three panels shall vet the judges simultaneously while the Judicial Service Commission shall vet the Magistrates, (3) The vetting process once commenced shall be concluded not later than the 28th February, 2013, and any review of the decision of the Board or of the Judicial Service Commission shall be heard and concluded within the above specified period. The Independent S. 20 (1) Delete the words “and employees”. Electoral and Boundaries Commission Act, 2011 (No.9 of 2011). First Insert the following paragraph immediately Schedule after paragraph 8 – 9. All nominations and appointments under this section shall take into account the regional, gender and ethnic diversity of Kenya. Fifth Delete the words “and shall be heard and Schedule determined within thirty days” appearing in paragraph 5 and substitute therefor the words “and shall be heard and determined 38 The Statute Law (Miscellaneous Amendments) Act, 2012 within three months”. The Political S.14(3) Insert the words “within three days of the Parties Act, resignation” at the end of the subsection.

2011 (No. 11 of 2011). S.35 Delete. S.41(4) Delete the words “Civil Procedure Code” and substitute therefor the words “Criminal Procedure Code”. Fifth Delete. Schedule Sixth Delete the words “Selection Committee” Schedule and substitute therefor the words “Public Para 1 Service Commission”. Para 2 Delete the words “Selection Committee” and substitute therefor the words “Public Service Commission”. Para 3 Delete the words “Selection Committee” and substitute therefor the words “Public Service Commission”. Para 4 Delete the words “Selection Committee” and substitute therefor the words “Public Service Commission”. The Kenya S.4(2) Delete the word “undesirable” appearing in Citizenship and paragraph (f) and substitute therefor the Immigration word “inadmissible”. Act, 2011 (No. 12 of 2011). S.13(4) Delete the introductory portion and substitute therefor the following- 39 The Statute Law (Miscellaneous Amendments) Act, 2012 “A person who is a dependant of any biological parent or who is under the legal guardianship of a person who is a citizen of Kenya by registration shall, upon application made in the prescribed manner, be registered as a citizen upon-”. S.17 Delete subsection (2). Insert the following new subsection – (2) The Cabinet Secretary may for sufficient reason grant citizenship to individuals or children or dependants of individuals who are citizens of other countries and who voluntarily migrated to Kenya after 1963, and who, though they are holders of passports or identification documents of any other country, satisfy all the other requirements under section 15 or 16 of this Act”. S.33 (2) Delete the word “insolvent” appearing in paragraph (d) and substitute therefor the word “bankrupt”. S.33(2) Insert the word “or” at the end of paragraph (f) and insert the following new paragraph- (g) is, by order of the Cabinet Secretary, declared inadmissible on grounds of national security or national interest. 40 The Statute Law (Miscellaneous Amendments) Act, 2012 S.33(3) Delete the words “regulatory officer’s right” and substitute therefor the words “immigration officer’s right”. S.33(4) Delete. S.33(5) Delete the word “undesirable” wherever it appears and substitute therefor the word “inadmissible”. S.34 Delete the marginal note and substitute therefor the word “Residence”. S.34(4) Delete and substitute therefor the following new subsection- (4) Where a person who is exempted from the provisions of this section under subsection (3) ceases to be so exempted, that person shall after the expiration of such period of time, not exceeding six months, as an immigration officer may allow for the departure of the person from Kenya, report to the director accordingly and apply for the grant of a new status under this Act. S.44(3) Delete the word “undersirable” wherever it occurs and substitute therefor the word “inadmissible”. S.46(2) Delete the word “pupil” wherever it occurs and substitute therefor the word “student”. S.49(2) Delete the word “secure” and substitute therefor the word “ensure”. 41 The Statute Law (Miscellaneous Amendments) Act, 2012 S.49(3) Delete the words “immigration division” and substitute therefor the word “Service”. S.49(5) Delete the word “Minister” appearing in paragraph (d) and substitute therefor the words “Cabinet Secretary”. S.53(1) Delete the expression “44” appearing in paragraph (b) and substitute therefor the expression “43”. S.53(3) Delete the expression “(1) r” and substitute therefor the expression “(1)(q)” S.53(4) Delete the expression “(q)” and substitute therefor the expression subsection “(1)(p)” The Urban S.5(1)(a) Delete the word “grant” appearing at the Areas and Cities end thereof and insert the words Act, 2011 (No. “application for grant of city status”. 13 of 2011). S.8(3) Insert the words “taking account of regional, ethnic and gender diversity and representation of persons with disability” immediately after the word “institutions”. S.16(j) Delete the words “gross misbehavior or” S.24(4) Delete the words “limited to” and substitute therefor the words “regulated in accordance with” S.25 Insert the words “or town committee” immediately after the word “board” wherever it occurs. S.38 Delete the word “municipal”. S.43 (2) Delete the words “has a joint venture” and substitute therefor the words “enters into a 42 The Statute Law (Miscellaneous Amendments) Act, 2012 joint venture”. S.43 (3) Delete the words “authorized by a Board” and substitute therefor the words “authorized by the board or town committee”. S.49 Delete the words “members and” S.52(1)(a) Insert the words “the board of a” immediately after the words “chairperson of”. Second Insert the words “or town committee” Schedule immediately after the word “board” wherever it appears in paragraph 1(1) Delete the word “municipality” appearing in paragraph 1(g) and substitute therefor the words “urban area”. The Kenya S.30 (b) Delete. National Commission S.59 Insert the following proviso immediately Human Rights after subsection (2) – Act, 2011 (No.14 of 2011). Provided that the process of appointing new Commissioners under section 11 of this Act shall be commenced at least four months before the expiry of that term. The National S.2 Delete the words “human rights and” from Gender and the definition of the words “Cabinet Equality Secretary”. Commission Act, 2011 (No. 15 of 2011). 43 The Statute Law (Miscellaneous Amendments) Act, 2012 The S.5(2) Delete and substitute therefor the following Commission for new subsection – Revenue Allocation Act, (2) Any of the members of the

2011 (No. 16 of Commission may serve on a part- 2011). time basis. The Environment S.2 Delete the expression “161” appearing in and Land Court the definition of “Chief Registrar” and Act, 2011 substitute therefor the expression “161(2)”. (No. 19 of 2011). Delete the definition of “environment” and substitute therefor the following – “environment” shall have the meaning assigned to it under the No. 8 of 1999. Environmental Management and Co-ordination Act, 1999. Delete the definition of the words “Principal Judge”. Delete the word “approved” appearing in the definition of the word – “Registrar” and substitute therefor the word “appointed”. S.4 (3) Delete all the words appearing immediately after the words “Kenya”. S.5 Delete and substitute therefor the following- Composition 5. The Court shall of the Court. consist of the Presiding Judge and such number of Judges as may be determined by the Judicial 44 The Statute Law (Miscellaneous Amendments) Act, 2012 Service Commission from time to time. S.6 Delete the words “Principal Judge” wherever they occur and substitute therefor the words “Presiding Judge”. S.7(1) Delete and substitute therefor the following new subsection- (1) A person shall be qualified for appointment as Judge of the Court if the person- (a) possesses the qualifications specified under Article 166(2) of the Constitution; and (b) has at least ten years’ experience as a distinguished academic or legal practitioner with knowledge and experience in matters relating to environment or land. S.7(2) Delete. S.9(1) Insert at the end thereof the words “under section 20 of the Judicial Service Act, 2011”. S.9(2) Delete the words “Principal Judge” and substitute therefor the words “Judicial Service Commission”. S. 10 Delete and substitute therefor the following – 45 The Statute Law (Miscellaneous Amendments) Act, 2012 Qualification 10. A person shall not for be qualified for appointment appointment of the as the Registrar unless such Registrar of person – the Court. (a) is an advocate of the High Court of Kenya, and has, since qualification – (i) become eligible for appointment as a Judge of the High Court; (ii) served for at least ten years as a professionally qualified magistrate; or (iii) attained at least ten years’ experience as a distinguished academic or legal practitioner or such experience in other relevant legal field; or (iv) held the qualifications specified in paragraphs (i) to (iii) for a period amounting, in the aggregate, to ten years; and 46 The Statute Law (Miscellaneous Amendments) Act, 2012 (b) has demonstrated competence in the performance of administrative duties for not less than three years. S.11(2) Delete the words “Principal Judge” and substitute therefor the words “Presiding Judge in charge”. S.13(1) Delete the words “written law” and substitute therefor the words “law applicable in Kenya”. S.13(2) Delete the words “relating to environment and land including disputes”. S.13 (2)(a) Delete the word “trade”. S.13 (3) Delete the words “the environment and land” and substitute therefor the words “ a clean and healthy environment”. S.13(5) Delete. S.13(6) Delete. S.14 Delete the word “Rules” and substitute therefor the words “Civil Procedure Rules”. S. 15 Insert the words “Chief” immediately before the word “Registrar”. S. 17 Delete. S.18(c) Delete the expression “159(2)” and substitute therefor the expression “159”. 47 The Statute Law (Miscellaneous Amendments) Act, 2012 S.19 (1) Delete the words “and shall not be strictly bound by the rules of evidence”. Delete the proviso. S. 19(2) Delete the word “not” and the words “and shall be guided by the principals of natural justice”. S.19(3) Delete. S.19(4) Delete. S.21(2) Delete the words “being not less than three, assigned by the Principal Judge” and substitute therefor the words “as determined by the Chief Justice”. S.23(1) Delete the words “and Kiswahili”. S.23(2) Delete the words “Notwithstanding subsection (1)” S. 24(1) Delete the words “in consultation with the Court”. S.24(2) Delete the words “for matters” and substitute therefor the words “on matters”. S.24(4) Delete. S.25 Delete. S.26 Delete the heading and substitute therefor the heading “Sitting of the Court”. S.28 Delete. S.29 Delete the expression “one million” and 48 The Statute Law (Miscellaneous Amendments) Act, 2012 substitute therefor the expression “twenty million” Schedule Delete. The Ethics and S.36 Delete the word “Independent” appearing Anti-Corruption in the definition of the word Act, 2011 (No. “Commission”. 22/2011). The Elections S.2 Delete the definition of “voter’s card”. Act, 2011 (No. 24 of 2011). S.13(3) Delete the words “which shall not be more than twenty-one days after the date of publication of such notice” and substitute therefore the words “which shall be at least forty-five days before such election”. S.22(1) Delete paragraph (b) and substitute therefor, the following- (b) holds a certificate, diploma or other post secondary school qualification acquired after a period of at least three months study, recognized by the relevant Ministry and in such manner as may be prescribed by the Commission under this Act. S.27 Delete the word “six” and substitute therefor the word “three”. S.28 Delete the words “three months before the nomination of its candidates” and substitute therefor the words “two months before the date of the general elections”. 49 The Statute Law (Miscellaneous Amendments) Act, 2012 S.30(2) Delete the word “A” and substitute therefor the words “Where a political party does not nominate an agent under subsection (1), a”. S.36(1) Delete the words “four of whom shall be persons with disability and four of whom shall be the youth” appearing in paragraph (f) and substitute therefor the words “at least two of whom shall be persons with disability, two of whom shall be the youth and two of whom shall be persons representing a marginalized group. S.41(2) Insert the word “independent” immediately before the word “candidates”. S.43(1) Delete the words “three months before an election” appearing in paragraph (d) and substitute therefor the words “for the purpose of supporting a candidate or political party. S.43(5) Delete the word “seven” and substitute therefor the word “six”. S.56 Delete paragraphs (b), (c), (d), (e) and (f). S.108 Delete the words “State-owned radio and television broadcasting services” and substitute therefor the words “all broadcasting media”. S.112 Delete paragraph (b). Renumber the existing provision as subsection (1) insert the following new subsection – 50 The Statute Law (Miscellaneous Amendments) Act, 2012 (2) For avoidance of doubt, until the final announcement of all results of the first elections for Parliament under the Constitution – (a) a notice of commencement of the provisions of this Act under subsection (1) shall apply to the extent contemplated by section 2(1)(a) of the Sixth Schedule to the Constitution; (b) any election held before the first elections for Parliament under the Constitution shall be held in accordance with the provisions of the former Constitution and the law applicable under that Constitution pursuant to section 3(2) of the Sixth Schedule to the Constitution: Provided that the period prescribed for the issuance of any document or the doing of any other act or thing in respect of an election to which is due at the commencement of this subsection shall, notwithstanding the provisions of any other written law, be deemed to run with effect from the date of such commencement. Third Delete the words Schedule. “Magistrate/Commissioner for oaths” and substitute therefor the words “Member/Secretary/Returning Officer of the Independent Electoral and Boundaries Commission”. 51 The Statute Law (Miscellaneous Amendments) Act, 2012 The Kenya Long title. Delete the words “administration of the Citizens and laws relating to marriages”. Foreign Nationals S.4.(1) Delete the word “marriages”. Management Service Act, 5(2) Delete the words “on the recommendation

2011 (No. 31 of of the Public Service Commission” 2011). appearing in paragraph (a); Delete the proviso and substitute therefor the following- “Provided that the membership of the Board shall not comprise more than two-thirds of either gender”. S.13(2) Delete the words “on delegated authority from the Public Service Commission” appearing in paragraph (c). S.16(1) Delete the words “as may be authorized by the Public Service Commission”. S.16(2) Insert the words “or any member of the staff” immediately after the word “department”. First Delete the following entries – Schedule. The Marriage Act (Cap.150) The African Christian Marriage and Divorce Act (Cap.15) The Mohammedan Marriage and Divorce registration Act (Cap. 18) The Hindu Marriage and Divorce Act (Cap. 157) 52 The Statute Law (Miscellaneous Amendments) Act, 2012 The Industrial New Insert the following new section Training immediately after section 40 – (Amendment) Act, 2011 (No. 34 of 2011). Interpretation. 41. Notwithstanding any other provision of this Act, the expression “Cabinet Secretary” shall, until the first general elections under the Constitution, be construed to mean “Minister”. S.6 Delete the expression “fifteen” appearing in new section 4H(5) and substitute therefor the expression “thirty– five”. 53