Statute Law (Miscellaneous Amendments) Act, 2014 (No. 18 of 2014)

1. This Act may be cited as the Statute Law Shor t trtlc (Miscellaneous Amendments) Act, 20 I 4.

2.The several laws specified in the first column of the Amcndment ot wrrtten law\ Schedule are amended, in the provisions specified in the second column thereof, in the manner respectively specified in the third column.

3. The provisions in the Schedule relating to the *:l|*:',-,ll:' National Honours Act,20l3 shall be deemed to have come u or20r-l into operation on the 25th January, 2013. SCHEDULE (s.2) Written law Provision Amendment The Interpretation s. 3 Delete the definitions of the words and General "Minister" and "the Minister" and Provisions Act substitute therefor the following new (Cap.2). definitions in proper alphabetical sequence- "Cabinet Secretary" means a person appointed as a Cabinet Secretary of the Government of Kenya under the Constitution; "the Cabinet Secretary" means the Cabinet Secretary for the time being responsible for the matter in question, or the President where executive authority is retained by him: 274 No. lE Stat ute Law ( Mi s ce llan eo us Amendment s ) 2014 Provided that for the purposes of the administration of laws relating to the legal sector, the expression shall, subject to any assignment under Article 132(3Xc) of the Constitution, include the Attorney- General. The Advocates Act s.57( I ) Delete paragraph (aa). (Cap 16). The Criminal New Insert the following section immediately Procedure Code after section 123- (Cap.75). Exceptlon to nght 123A. (1) Subject to Article 49(1Xh) to bail. of the Constitution and notwithstanding section 123, in making a decision on bail and bond, the Court shall have regard to all the relevant circumstances and in particular- (a) the nature or seriousness of the offence; (b) the character, antecedents, associations and community ties of the accused person; (c) the defendant's record in respect of the fulfillment of obligations under previous grants of bail; and (d) the strength of the evidence of his having committed the offence. (2) A person who is arrested or charged with any offence shall be granted bail unless the court is satisfied that the person- (a) has previously been granted bail and has failed to surrender to custody and that if released on bail (whether or not subject to conditions) it is likely that he would fail to surrender to custody; 215 2014 Statute hnr (Mtscellartcous Anrcndmertts) No. 18 (b) should be kept in custody for his orvn protection. The Prisons Act s.46 Delete. (Cap.90). s.48 Delete. The Retirement s.25B Insert the following new paragraph after Benefits Act (Cap paragraph (e)- te7) (ee) has in its Board of Directors and top management such number of persons as may be prescribed who are academically and professionally qualified in matters relating to administration of schemes, insurance, law, accounting, actuarial science, economics, banking, finance or investment of scheme funds; (eb) has at least sixty percent of its paid up share capital owned by Kenyan citizens unless the applicant is a bank or an insurance company. New Renumber the existing provision as subsection ( I ) and insert the following new subsection immediately after the renumbered subsection (1 )- (2) A person registered as a scheme administrator under this Act shall comply with the provisions of paragraph (eb) of subsection (l) within six months from the date of commencement of that paragraph. The Kenya Ports s.2(3) Delete and substitute therefor the Authority Act (Cap. followi ng new subsection 391). - (3) This Act shall apply to inland waterways ports. Second Insert the following new Part Schedule immediately after Part II- Part III Kisumu Port. 276 No. 18 Statute Lav ( M is c e I laneo us Amendmen t s ) 2014 'fhe Kenya Airports s. 5(l) Delete the word "two" appearing ln Authority Act paragraph (0 and substitute therefor the (Cap.395). word "five". s. l7C Delete and substitute therefor the following new section- Pavments out of 17C. There shall be paid the Fund out of the Fund- (a) any expenditure incurred by the Authority in the exercise of its powers under this Act; and (b) monies for the expenditure of the Kenya Civil Aviation Authority in accordance with section 3(3) of the Air Passenger Service Charge Act. The Air Passenger s.3(l) Delete the expression "two hundred" Service Charge Act appearing in paragraph (b) and substitute (Cap.475). therefor the expression "five hundred". Insert the following new subsection immediately after subsection (2)- (3) All proceeds of the charge imposed under this section shall be apportioned between the Kenya Airports Authority and the Kenya Civil Aviation Authority in the following manner- (a) for an external journey- (i) eighty-five percent to the Kenya Airports Authority; (ii) fifteen percent to the Kenya Civil Aviation Authority; 277 2014 Statute km ( Misce llaneous Amendments ) No. lE (b) for an internal journey- (i) eighty percent to the Kenya Airports Authority; (ii) twenty percent to the Kenya Civil Aviation Authority. The Postal s.5(a) Delete subparagraph (ii) and insert the Corporation of following new subparagraphs - Kenya Act, 1998 (ii) postal financial services, and (No. 2 of 1998). incidental services relating to the issuing, receiving, and paying of mobile e-money, mobile payments, money remittance business, money and postal orders, postal drafts, postal cheques, postal travellers' cheques, giro services, cash on delivery, collection of bills, virtual savings services, general electronic online agency services and registration and for delivery of newspapers and periodicals, and (iii) electronic retail transfers and the National Payments System. Schedule Insert the expression "Corporation Para 5 Secretary" immediately after the word "Chairman" wherever it appears. Delete the words "one member" appearing in the proviso thereto and substitute therefor the words "one or more members". The National s.4(l) Delete the expression "Permanent Hospital Insurance Secretary" appearing in paragraphs (b), Fund Act 1998 (No. (c) and (d) and substitute therefor the 9 of 1998). expression "Principal Secretary". Delete the expression "the Director of Medical Services" appearing in paragraph (d). 218 No. 18 Stdtute Lay' ( Mist'ellnneous Artrettdments) 2014 Insert the following new paragraph immediately after paragraph (d)- (e) the Director of Medical Services or his or her representative. Insert the words "and the Kenya Union of Post Primary Education Teachers in such manner as may be prescribed" immediately after the words "Teachers" appearing in paragraph (h). Delete paragraphs (i) and 0) and substitute therefor the following new paragraphs- (i) one person nominated by the Kenya Medical Association; (l) one person nominated by faith- based healthcare organisations in such a manner as mav be prescribed. Delete paragraphs (k) and (l). s.4(2) Delete. s. 10( 1 ) Delete and substitute therefor the [ollowing- ( l) There shall be a chief executive officer of the Board who shall be recruited competitively by the Board on such terms and conditions as the Board may, with the advice of the Salaries and Remuneration Commission. determine. t]"r, Iffij ff::l,H: of the Board, be "i[".'n. "rri.:,I responsible for the day-to-day management of the Fund and shall be the Secretary of the Board. s. 18(1) Delete and substitute therefor the following- 279 2014 Statute kov ( Miscellttneous Ametrdments) No. 18 (l) Subject to the provisions of this section and without prejudice to any other penalty imposecl under this Act. if any contribution rvhich any person is liable to pay under this Act in respect of any month. is not paid on or before the day on which payment is due, a penalty equal to- (a) in the case of micro and small enterprises. trventy- five percent of the amount of that contribution; and (b) in any other case, two times the amount of that contribution, shall be payable by that person for each month or part thereof during which the contribution remains unpaid, and any such penalty shall be recoverable as a sum due to the Fund, and rvhen recovered, shall be paid into the Fund. New Insert the following new subsection immediately after subsection (3)- "(4) In this section. the expressions "micro enterprise" and "small enterprise" have the meanings assigned thereto respectively in the Micro and Small Enterprises Act, 20 12" . The Copyright Act, s.22 Insert the following new subsection 2001 (No. 12 of immediately after subsection (4)- 2001) (-5) Rights protected by copyright shall accrue to the author autonratically on afflxation of a work subject to copyright in a material form. and non-registration of any copyright rvork or absence of either formalities shall not bar any claim from the author. 280 No. 18 Statute ktw ( Mis ce llaneous Amendments ) 2014 s.28(5) Delete the fullstop and add the words "and the compensation shall be collected by the Board and distributed to the respective copyright collecting society registered under section 46. New Insert the following new section immediately after section 33- Grant of licences rn 33A( I ) The COmpetent ;:',ff:i:!H-' authority may upon Kenyan market. application by any person grant a licence for works not made available in the Kenyan market during the term of copyright where the owner of the copyright in the work- (a) refuses to republish or allow the republication of the work or to allow the performance of the work in public, and by reason of such refusal the work is withheld from the public; or (b) refuses to allow- (i) communication of such work to the public; or (ii) in the case of a sound recording, the communication of the work recorded in such recording to the public by broadcast, on terms which the complainant considers unreasonable. 281 2014 Statute Inw ( Misce llaneous Amend ments ) No.18 (2) The Board may, after giving to the owner of the copyright in the work a reasonable opportunity to be heard and after holding such inquiry as it may deem necessary, if it is satisfied that the grounds for such refusal are not reasonable, grant to the complainant a licence to republish the work or communicate the work to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the competent authority may determine. (3) Where two or more persons make an application in respect of the same work, the licence shall be granted to the applicant who in the opinion of the competent authority would best serve the interests of the general public. New Insert the following new section immediately after section 46- Approval for rmposrtron and collectron of levy 46A Notwithstanding any other provision of this Act, no collecting society shall - (a) impose or collect royalty based on a tariff that has not been approved 282 No. 18 S tutu te Lctw ( M is ce llaneo us Anrcndme nt s ) 2014 and published in the Gazette by the Cabinet Secretary in charge of copyright issues in the Gazette from time to time; or (b) levy royalty on users exempted by the Cabinet Secretary by notice in the Gazette. The Anti- s.2 Delete the definition of the word Corruption and "Director". Economic Crimes Act (No. 3 of 2003). Insert the follorving new definition rn proper alphabetical sequence- "Secretary" means the Secretary of the Commission appointed under section 16 of the Ethics and Anti- Corruption Act,20ll1' s.19 Delete. s.2l Delete and substitute therefor the following- Secretary to Advrsory Board 2l . The Secretary of the Commission appointed under section l6 of the Ethics and Anti- Corruption Act shall be the Secretary to the Advisory Board. s.23 Delete the word "Director" wherever it appears and substitute therefor the word "Secretary". 283 2014 Statute l,uw (Miscellaneous Amendments) No. 18 s.24(2) Delete the word "Director" and substitute therefor the word "Secretary". s.26 Delete the word "Director" wherever it appears and substitute therefor the word "Secretary". s.27(t) Delete the word "Director" and substitute therefor the word "Secretary". s.28 Delete the word "Director" wherever it appears and substitute therefor the word "Secretary". s.32 Delete the word "Director" and substitute therefor the word "Secretary". s.62(l) Delete and substitute therefor the following- (1) A public officer or state officer who is charged with corruption or economic crime shall be suspended, at half pay, with effect from the date of the charge until the conclusion of the case: Provided that the case shall be determined within twenty-four months. The Employment s.5(3) Delete the word "mental" appearing in Act,2OOl (No.17 paragraph (a) and substitute therefor the of 2OO1). word "marital". The Anti- s.2 Delete the words "or elsewhere" Counterfeit Act, wherever they occur in the definition of 2008 (No. 13 of "counterfeiting". 2008). s.6(l) Delete and substitute therefor the following new subsection- (1) The management of the Agency shall vest in the Board which shall consist of- (a) a Chairman appointed by the Cabinet Secretary from amongst the members 284 No. 18 Statute Inw ( Misce llaneous Amendments) 2014 appointed under paragraph (h); (b) the Principal Secretary in the Ministry for the time being responsible for matters relating to industrialisation or his or her representative; (c) the Principal Secretary in the ministry for the time being responsible for matters relating to finance or his or her representative; (d) the Executive Director appointed under section 10; (e) the Commissioner-General of the Kenya Revenue Authority, who may be represented by the Commissioner of Customs; (0 the Managing Director of the Kenya Bureau of Standards; (g) the Chief Executive of the Kenya Association of Manufacturers or a representative. being a person who meets the qualifications set out in paragraph (h); and (h) two members appointed by the Cabinet Secretary, not being public officers, and who hold a degree from a university recognised in Kenya and have at least ten years' experience in matters relating to- (i) intellectual property rights; (ii) consumer protection, or (iiD trade. 285 2014 Statute Inw ( M is ce llane ou s Ame ndme nt s ) No. lE S. 16 Add the following new subsection immediately after subsection (3)- (4) There shall be established an Intellectual Property Enforcement and Co-ordination Advisory Committee whose membership shall consist of- (a) the Principal Secretary in the Ministry for the time being responsible for matters relating to trade or a representative who shall be the chairperson; and (b) fourteen other members drawn from various agencies involved in the protection and enforcement of intellectual property rights. New Insert the following new section immediately after section 34- Compounding of 34A.( I ) Subject to offences. subsection (2), the Executive Director may, where satisfied that any person has committed an offence under this Act in respect of which a fine is provided for or in respect of which anything is liable to forfeiture, order such person to pay a sum of money, not exceeding the amount of the fine to which the person would have been liable if he or she had been prosecuted and convicted for the offence, as he may deem fit, and the Executive Director may order anything liable to 286 No. 18 Stotute Lax' ( Mrscellaneous Antendntertts) 2014 forfeiture in connection with the offence to be forfeited. (2) The Executive Director shall not exercise the powers conferred under subsection (1) unless the person admits in the prescribed form that he or she has committed the offence and requests the Executive Director to deal with such offence under this section. (3) Where the Executive Director makes any order under this section - (a) the order shall be in writing and shall have attached to it the request of the person to the Executive Director to deal with the matter; (b) the order shall specify the offence which the person committed and the penalty imposed by the Executive Director: (c) a copy of the order shall be given to the person if the person SO requests; 281 2014 Stotut(' kttr (Mis<'elldn(ou.\ Antcnrlmctrt.s) No. 18 (d) thc person irglir)st rvhom an order is issued under this scction shall not bc liable to any further prosecution in lespect of the olfenc:. and r,vhere any prosecution is sLrbsequently brou-9ht in respect thereof. it shall be a defence for thc person to prove that the offence rvhich he or shc is charged lvith has been compounded under this section: ancl (e) thc order shall be final, and rnay be enlbrced in the salne maltner as a decree or order of thc Hi-eh Court. The Mcrchant s.2 Deletc the expression "409 of this Act" Shipping Act. 2009 appearing in the del-inition of the rvorcl (No. 4 of 2009). "inspector" and substitLltc therefor thc expression "14 of thc Kenya Maritirnc Authority Act, 2006". Insert thc words "the nrainland ancl the mainlancl" immediately after the worcls "voyagc betrveen" appearing in thc definition of the cxpression "local voyagc". Insert the fbllorving ncw definition in a propcr alphabetical secprence- "Cabinet Secretary" nrcans the Cabinet Sccretarry for thc tinrc 2138 No. 18 Skttute Luw, ( Misrcllutteous Antctrdntents) 2014 being responsible for matters related to merchant shipping". Delete the definition of the rvord "Minister' and substitute therefor the following new definition - the Cabinet "Minister" means Secretary. s.2l ( I ) Delete the expression " 19" and substitute therefor the expression "20". s.9l ( I ) Delete the expression "Armed Forces" appearing in paragraph (a) and substitute therefor the expression "Kenya Defence Forces". s.9l(4) Delete the expression "Defence Forces of Kenya" and substitute therefor the expression "Kenya Defence Forces". s.388 Delete the expression "under section 388" appearing in paragraph (a). Delete the rvords "in respect of any liability and compensation for pollution damage" appearing in paragraph (d) and substitute therefor the words "'within the meaning of the [nternational Convention on Civil Liability for Oil Pollution Damage dated 29th Novcmber, 1969". Insert the following new paragraph immediately after paragraph (f)- (g) claims for damage within the meaning of the lnternational 3:il*::ronon,o,t' fiHlr.'if Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, and any protocol thereto. s.428 Deletethe expression "Attorney-General" and substitute therefor the expression "Director of Public Prosecutions". The National Youth s. l6(2) Delete paragraph (c). Council Act.2009 Delete paragraph (d) and substitute (No.l0 of 2009). therefor the following new paragraph- 289 20t4 S lu I t t I t' I t t tr' ( M isc a I I tt tr t't t t s At t c t t t t t I t t t t' t t I s ) No. 18 (d) one persorl eaclr norlrilriltcd by the krllorving l.r<xlics respectively, and flppointcd by the Cabinet Secretary- (i) thc Kcrtya Private Scctor Alliarrce; (ii) the Kenya National Council for person rvith disabilities working in the youth sector; (i i i ) Non-Govcrnmental Organisation working in the youth sector; (iv) the public univcrsities; (v) the National Agency tbr the Carnpaign Against Drug Abuse: Provided that at least one- third of the persons appointed under paragraph (d) shall be of opposite gender and shall reflect Kenya's ethnic, cultural and religious diversity. s. I 6(3) Delete. s.l7 (l) Delete and substitute therefor the following new subsection - "(l) The functions of the Board shall be to- (a) receive and approve the plans, reports, financial statements and the budget of the Council; and (b) advise the Council generally on the exercise of its powers and the performance of its functions under this Act". The lndependent s. 6 Renumber the existing provision as Offices subsection (l) and insert the following Appointment Act, new subsection- 290 lJr, llt S tt rttr1 t' Itr r ( lll i s c c I I ( t t (' ( ) r t.t At t t t, tr I t r t' rt I s ) t r 2014 20II (l',Jo. fl ol' (2) ll an independent office 2()il ). becomes vacant, or the holder of the office is unable to exercise the l'unctions of the office due to nrental, physical ol' other incapacity. the President may appoint tlre next senior-most pcrson ',vithin that office to act in tlrat capacity, and the person so appointecl shall continue to trct in that capacity until a substantive holdcr of the office is appointed. or. as tlrc case ntay be, Lrntil the person in rvhosc place he or she is actin-rl resunres those functions: Provided that an acting appointrnent shall not be for a period exceeding sixty days unless 1 e xtendecl by the National Asse-mbly. l'hc Political s.34A ( l) Dcletc the introductory portion and Partics Act, 201 I substitute tlrerefor the fbllorving- (No. llol'2011). ( l) Whenever a vacancy arises in the Office of the Rcgistrar of Political Parties or thc Assistant Registrar, the Prcsident shall, rvith the approval of thc National Assembly, appoint a Selection Committee conrprising- s.34A(3) Dclete. Thc Industrial Lon_q title. Delete ancl substitute therefor the Court Act. 20I I follolving- (No. 20 ol'201 l). "An Act o1'Parliament to establish the Eniployment and Labour' Rclations Court to hear ancl clcterniine clisputes relating to cnrpkrymcnt and labour rclaticlns and for connectcd pLlrposes." s.l Deletc the rvord "lndustrial" and substitute therclbr the rvord "Employn-rent antl Labour Rellttiorrs". 29t 2014 S to ttt t ? Lo n' ( M i : cc I I o n eo u s Attt c trdnrc tt t s ) No. l8 s.2 Delete the r,vord "Industriir[" appcaring rn the definitlon of the ivord "Court" and substitute therefor the ivords "Employment and Labour Relations". s.3(l) Delete the rvords 'Just, expeditious and proportionate" and substitute therefor the words 'Just, expeditious, efficicnt and proportionate". s.4 Delete and substitute therefbr the following new section- "t E\r'lhlr\lrnrcnt

4. There is established llra h nrDl()\ ilttrtl .,,r.tl-,,h,t,, the Enf plOyment -Court affd LabOUf Rcl'rrr.tts c.urt Relations pursuant to Article 162(2) of the Constitution. s.5(l) Delete all the words appearing in I paragraph (b) immediately after the ',vord "Judges" and substitute therefor the words "as may be determined and recruited by the Judicial Service Commission and appointed in accordance with Article 166( I ) of the Constitution." s.6 Delete and substitute therefor the following- Quirlrlications,fo, 6. A pefsgn Shall be app()rntrnent of ils;,,;r;." qualified for appointment as coLrrt a judge of the court if the person meets the qualifications specified in Article 166 of the Constitution. s.9(l) Delete paragraph (b) and substitute therefor the following new paragraph- (b) one or more Deputy Registrars as the administration of justice requires. s. 9(2) Delete the word "control" and substitute therefor the word "direction." Delete subsections (3), (4) and (5). 292 No. ltl S tt t I t t I t' lt t w ( M i <.t, I I t n _t t <, t t t t.r A t t t t, t r tl t t t t, t t I s ) 2014 s. l0 lnscl.r t,e r'old ..has,, bcfbre ir,,rediatcly lhc rvord ..dernorrslr:lted,, rpp"i.irg"'in Iraragr.aph (tr). s.I I Dcletc thc intnxluctory pol.tion ancl substirutc tltcr.elbr. the fbt iorvirrg'- I l. The Registrar shall perlirrnt thc cluties assigned to the Rc-rlistrar unclcr this Ac.i, irncl r;uch othcr durics as rhe Chicf Registriri nuy direct, lnd in particulirr be rcspolrsiblc lbr._- s. I I lrrsc-r.t tlrr, lirllorv,ins rrr: w sub_scctiorr ialc ly lr licr. srr biscct iolr (4) _ i lr I tr rt,rl (5) 'l'hc Cour-r shall havc jurisdictiorr to hcitr. and deternrine appcals arising fi.ont_ (a) clccisions ol.thc Rcgistrar of l'r.arlc Llrrions: and 'I (b) decisions of any other local tribunal or conrmission as tnay be prescribecl under any rvritten larw. s. l3 Delete the rvords ..rnade uncler this Act,, ancl substitule therefor tlre rvords ..rnacle undcr the Civil proccdure Acr.l, s. l4 Insr-.r't thc rvor.d ..Chief-' irnmecliatcly br:lirrc thc rvol.cl ..Re-sistrar. s. l:r Dclctc srrb-sections (2) and (3). Irrscrl tlrc fbllolving nerv sub_section inrnrccliately afier sublsection (ti_ --' (6) Nothing in this secion shall precludc, thc. Court fionr making refl.rcnce to the -ruidclines as ntay be publishcd ll'onr tinrr, to tinrc by thc Slrlarics :rntl Rcnrrurcrirtion Cirnrnrissiorr trl lltc cxtL.lrt trl lvhich lhc-r, may bc rclcvirrrt ltl lhc dis;tuf c. ' J s. lTrl) Dc!cte.. I s. lti Dt'lctc. 29-l 2014 Stdtttlc Lttv' (Misttllun(ous Atttettdtrrctrts) No. 18 s. 20( l) Delete all the rvords appearing irnmediately afier the rvord "techn icalities. " s. 20(2) Dclete. s.20 (3) Delete. s. 20(7) Dclcte the rvords "two hundred thousand" and "six rnonths" and substitute therefor the rvords "one million and "two years" respcctively. s.22 Dclete the expression "Industrial Court" and substitute therefor the . expression "Ernployment and Labour Relations I Court". s.27 Delete the marginal note and substitute therefor the words "Rules and Regulations". s.27( l) Delete the words "may in consultation rvith the Comrnission". s. 28 Delete. s. 29(5) Delete. s. 30 Delete. s. 32(3) Delete. s. 35 Delete all r,vords appearing irnmediately after the words "ef'fect to this Act." 'l'he Etlrics and s. I l( I ) Insert the rvords "or economic crimes" Anti-Corrurption imrnediately after the word "corruption" Conrnrission Act. appearing in paragraph (d). 2Ol l. (No. 22 of Insert the words "the Anti-Corruption and 20il). L,conomic Crimes Act" immediately before the r,vords "or other rvritten larv" appearing in paragraph (d). s.ll(2) Delete. s.ll(3) Inser( the rvords "ancl any loreign governr.ncnt or international or regional organisttit-rn" inrnrediately afier the rvord "agencies". s. I 3(2) Insert a new paragraph irnnrcdiately atier paragraph (d) as fbllorvs- 294 No. l8 S lat u tt' Lurv ( M i s c c I I tt e o u s Anr e tt tl m e ttt s ) u 2014 (e) hire such experts as may be necessary for the performance of any of its functions. The Tourism Act, s.8( l) Delete the introductory portion to 20ll (No. 28 of paragraph (g) and substitute therefor the 20 r l). following- "(g) six other members, not being public officers, appointed by the Cabinet Secretary taking into account regional balance and gender parity, of whom" s.8(3) Delete. s.l4( l) Delete the words "and with prior approval of the National Assembly". s.2O(2) Delete the introductory portion of paragraph (g) and substitute therefor the following- I (g) six other members, not being public officers, appointed by the Minister taking into account regional balance and gender parity, of rvhom- s.20(4) Delete. s.25( l) Delete the words "and with prior approval of the National Assembly". s.32( I ) Delete the introductory portion of paragraph (f) and substitute therefor the following- (f) five other members, not being public servants, appointed by the Minister taking into account regional balance and gender parity, of whom- s.32(2) Delete. s.43( l) Delete the rvords "through a competitive process" appearing in paragraph (f). s.43(2) Delete. s.48( I ) Delete the words "and with prior approval of the National Assembly". I 295 2014 Statute Lutr (Mistelloneous Amentlntettts) No. 18 s.54 Delete the words "through a competitive process" appearing in paragraph (h). s.54(2) Delete. s.6l(4) Delete the words "through a competitive process" appearing in paragraph (d). s.67(5) Delete. s.73( I ) Delete the words "and with prior approval of the National Assembly. s.77( l) Delete the words "through a competitive process" appearing in paragraph (e). s.71(2) Delete. s.82( l) Delete the words "and r,vith prior approval of the National Assembly". TheVetennary s.2(l) Delete the definition of "public health Surgeons and officer" and substitute therefor with the Veterinary Para- follorving definition- professionals Act, "public health officer" has the 201 I (No 29 of meaning assigned to it under the 20ll) Public Health Officers (Training, Registration and Licensing) Act, 2012; 23(3) Delete the words "in private practice". s. New Insert a new section immediately after section 44 as follows- Non-appltcatron 44A. The supervisory or r() trr)r'cr\rrr('\' approval functions of the Board as provided in this Act shall not apply to a university established or accredited in Kenya under the Universities Act, 2012 and which has been granted a Charter. The Public New Insert a new section immediately after Appointments section l2 as follows- (Parliamentary Approval) Act, 20ll (No 33 of 20tt) 296 No. l8 Sta tu t ( Ltr u' ( M i s ca I I tt ct tu s Atrt etr tl tn(,t I s ) u 20t4 I',rlcnstort ol llnlc 13 ( l) Despite thc provisiorls ol' this Act or any other rvritten larv. rvhere a tirnc is prcscribed for doing an acl or taking a proceeding by the Natiorral Assenrbly relating to a public appointment, the National Asscnrbly may, by re'solution, extencl that time by a period not exceeding fburtecn days. (2) Wlrcre an extcnsion ol' tirne is -granted under subsection ( l). tlre doing of all olhe r acts consecluential thereto shall be deenred to hal'c been extended iiccordingly. (3) The power of the National Assenrbly conternplated uncler subsection ( I ). may be exercised - (a) only once in il session of the National Assembly irr respect of a particular matter': and (b) only in exceptional circuntstances to be certified by the Speaker. l'he Natitxal Lancl s.24 lnsert thc tbllorving ncw subsection Cornrnission Act. imnrediatcly after subscction ( l)- 2012 (N0. 5 ol' 2012). ( lA) The conrnron scal of thc Cornrnission shall bc autlrcnticated by the signatures ol'the Chairperson and the Secrctary tt-r thc Cotnn-tissiou. 2L)7 2014 S tu tu t ( I t t y' ( M i s L'<, I I rt et t s Att t, tr I ttt t, u t t t t trts ) No. ltt The Kenya School s.-5(2) Insert the follorving paragraph of Goverrrrnent immediately afier paragraph (i)- Act. 2012. (No. 9 () encourage pride and excellcnce in of 2012). thc public service ancl foster in managers and othcr public service employees a sense of the purposes, values aud professional rvork ethic of thc public service as stipulatecl in thc Constitution and the rclc'vant policies, laws ancl regulations; (k) ensure acquisition. by officcrs in tlrc public service, o1' the analytical, creatlve. adv isory. administrative and othcr managerial skills and knorvledgc necessary to develop and implernent policy, respond to chaltgc, includin-e chanses in the cxpectations of efficient artd effectivc scrvicc delivery. and mana-qe Government pro-qrants. services and personrrel efficiently. eff'ectively and ecluitahly: ( l) train rnana-qers and other public service cmployees to develop successful rvorking relationships at all levels through leadership, nrotivation. eflective internal conrmunications and the encourugement of inrrovation, high-c1r-rality sorvicc to the public irncl skills devclopntcntl (rn) rlcvelop lvithin the public scrvicc aud encleav()ur lo ilttract to the pLrblic scrvicc throu_gh the School's 298 No. 18 Stdtute Lut ( MisceIIutteous AttrctrtlrttetrIs) 2014 programs and studies, persons who are of high calibre and rvho reflect the diversity of Kenyan society, and support their growth and development as public sector managers and employees committed to service to the Republic; (n) encourage greater public awareness of issues related to public sector management, public administration and the role and functions of Government and involve a broad range of individuals and institutions in the School's pursuit of excellence in public administration. s.6( I ) Delete the expression "Permanent Secretary" wherever it appears in paragraphs (b), (c) and (d) and substitute therefor the expression "Principal Secretary". s.6(4) Delete the expression "five years" and substitute therefor the expression "three years". s.8 Delete paragraph (c) and substitute therefor the follorving new paragraph- (c) competitively search, vet and submit the names of three nominees to the Cabinet Secretary for appointment to the position of Director- General. s.9(3) Delete and substitute therefor the following- ( l) The members of the Council may attend the meeting in person or through a representative. 299 2014 Stulrt tc l,t rr ( Miscclluttcttus Atttcttrlntattls) No. 18 s.l3 Insert the following new subsections immediately after subsection (3)- (3A) The officers and ernployees necessary for the conduct of the rvork of the school shall be appointed in accordance rvith the rules, regulations and procedures of the Public Service Commission. (3B) Despite subsection (3A) the Director-General may, on behalf of the Council, appoint and erlploy teaching and reseerrch staff and nray, with the approval of the Council. determine the terms and conditions of their ernployment, including their remuneration. (3C) The rules, regulations and procedures o1' the Public Service Commission shall not apply to any person employed by the School under subsection (38). s. l3 Insert the follorving ncw subsections immediately after subsection (4)- (5) In exercising the porvers of management and control, the Director-General shall take into consideration the policies of the Government arnd the policies rvith respect to learning. training and public service delivery ncecls and priorities that are established by the Public Service Conrnrission and the lelevant Ministry. (6) 'l'he Director'-Gcneral shall hold office for a tcrnr of l'ivc ycars and shall be eligitrle l'or rc- appointnrent for oue l-urther terrn. (7) In the event ot'a vacancy in the ol'f icr.' o{' lhc Director- -100 No. 18 SI(t!u te Ltlrl' ( M i s cc I lu t c( u s Att t e tu I nre t t t,t ) t ) 2014 General, the Cabinet Secretary may appoint a senior officer of the School to act as Director-General, but the term of such an appointment shall not exceed ninety days except with the Council's approval. New Insert the following new section immediately after section l3- t)crc..r)irr(nl o, Ftc\ l3A. The Director- Ceneral may, with the approval of the Council prescribe the fees or the manner of determining the fees to be charged for any service or for the usc of any facility provided by the School or to be charged by the School when selling, licensing the use of or otherwise making available any property right held, controlled or administered by the School. The Leadership and s.2 Insert the words "and includes the lntegrity Act,2O12 Attorney-General" at the end of the (No. l9 of 2012). definition of the expression "Cabinet Secretary". New lnsert the following new section immediately after section l2- Se lt'-declaration l2A.Any person intending to be appointed to a State office shall submit to the Commission a self- declaration form in the form set out in the First Schedule. s.42 Insert the following new subsection immediately after subsection (9)- 30I 2014 S to t Lt t c Lu t ( M r.t c c I I t r t r c r t s At t t a t t tl ttt t' t t t.t ) u No. 18 (l0) Notlithstanding subsection (2) and (3), the Cornmission may inquire into and invcstigate an alleged breach of the Code either upon receipt of a complaint or on its O'rvn mOtiOn. The National 5.96( l) Delete the expression "non-property" Security Council appearing in paragraph (a) and substitute Act 2012 (No. 23 therefor the expression "non-public of 2012\. property". s.7 Delete ancl substitute therefor the follorving nerv section - Secrclirr)'to thc Corrncrl.

7. Until the Council appoints its secretary, the Secretary to the Cabinet shall be the secretary to the Council. The Kenya Sclrool s.4 (2) Delete the rvord "train" appearing ln of Law Act,2Ol2 paragraph (c). (No. 26 of 2012). s.6 (2) Delete paragraph (e). s.7(2) Insert the rvords "and may in so doing borrorv money and charge propcrty subject to the approval of the Cabinet Secretary for the time being responsible for finance" at the end of paragraph (f). s.l4(4) Delete paragraph (b) and substitute therefor the fbllorving new para-qraph- (b) conduct all examinations, other than examinations reserved for the Council fbr Legal Edtrcation under section 8 of the Legal Education Act in accordance rvith the Schedule approved by the Board from time to time. Second Delete paragraph (l) (a) and substitute Schedule therefor the fol lowi ng- Item l(a) (a) having passed the relevant examination of any .302 No. 18 Stu t ( Lu t ( M i.s c c I tt c o s Atn c d tt c tt t.s ) tt I I u rr tt t 2014 recognised university in Kenyrr. or of any university. university college or other institution prescribed by the Council, holds or becomes eligible for the conferment of the Bachelor of Larvs (LLB) degree of that university, university college or institution. Delete the rvord "or" appearing at the end of subparagraph (b) (ii) and substitute therefor the word "ernd". Itern l(b) Insert the follorving new subpara_rraph- (iii) has sat and passed the pre-Bar examination set by the School. Itern 2 Delete. The Le-eal s.2 Insert the rvords "inclucling those granted Education Act, a charter under section l9 of the 2012 (No. 21 ot Universities Act. 2Ol2 imrnecliately after 20t2). the lvord "de-eree" appearin-q in the definition of "legal eclucation provider". s. -11-51 Delete paragraplr (a) ancl substitute therelbr thc fbllor,ving new paragraph- (a) the Chairperson. who shall be a person rvith ilt lczrst fiftcen years' experience in nratters rc-lating to legal education and training, appointed by the President. Dclete the r,vorcl "lbur" appearing in paraurapl'r (l') and substitLrte thcrefbr the rvorcl "trvo." Dclctc the plrrasc "univcrsity, nominatecl Lry thc univcrsitics" appearing rn prrrartraph (g) anrl substitute thcrr-lirr tlic phrasc "llublic univcrsity. nornirtatcd by prrbl ir: r-rn ivcrs;it ies". 303 2014 Statute Law, (Miscellaneous Antendments) No. l8 Insert the following new paragraph immediately after paragraph (h)- "(i) one person who teaches law in a private university. nominated by private universities". s. 4(8) Delete the expression "(5)(g), (h) and (i)" and substitute therefor the expression "(5Xg) and (i)". s. a(9) Delete the rvord "four" and substitute therefor the r,vord "three". s.8( I ) Insert the rvords "offered by legal education providers" immediately after the word "Kenya in paragraph (a)". Insert the following new paragraphs ,"*".',"ii'' '"'l#' -"pprove ' Tffiff qualifications obtained outside Kenya for purposes of admission to the Roll. (l) administer such professional examinations as may be prescribed under section 13 of the Advocates Act. s. 8(2) Insert the word "providers" immediately before the words "be responsible". s. 13 Delete the words "Higher Education" appearing in paragraph (a) and substitute therefor the rvords "University Education". Part III Insert the rvord "PROVIDERS" immediately after the word "EDUCATION" appearing in the heading. s. 40(l) Insert the words "upon the advice of the Salaries and Remuneration Commission" immediately before the word "determine". 304 No. 18 S tatu te l,aw M is c e I laneo us Amendment s ) ( 2014 s.46(1) Delete the phrase "Council may, with the approval of the Cabinet Secretary" and substitute therefor the phrase "Cabinet Secretary may, upon recommendation of the Council and with the prior approval of the National Assembly". s. a6(1)(c) Delete the words "Higher Education" and substitute therefor the words "University Education". The Kenya s.4 lnsert the following new paragraph National immediately after paragraph (b)- Examination (bb) the Principal Secretary to the Council Act,2012 National Treasury or his (No. 29 of 2012) represenlative. Delete subparagraph (iv) of paragraph (fl. The Universities s.2 Delete the expression "section 19" Acq2012 (No.42 appearing in the definition of the word of 2012). "Charter" and substitute therefor the expression "sections 19,24 or 25". Insert the following definitions in their proper alphabetical sequence- "foreign university campus" means an extension of a foreign university, set up by the university pursuant to its statutes and established in accordance with section 28 of this Act; "programmes accreditation" means the process by which the Commission recognizes an academic curriculum of a proposed university or of a university with a letter of interim authority or of a foreign university campusl "technical university" means an institute of a university, established in accordance with section 25 of this Act. 305 2014 S tatu te Law ( M is ce llaneo us Am e ndm ent s ) No. 18 "university campus" means a extension of a university set up by the university pursuant to its statutes and established in accordance with section 20 of this Act. "quality assurance" means the employment of various measures and mechanisms developed by a university to assess and maintain certain standards and values in its activities. s.5(l) Delete paragraph (c) and substitute therefor the following new paragraph- "(c) promote, advance, publicise and set standards relevant in the quality of university education, including the promotion and support of internationally recognised standards". Delete the words "set standards and guidelines" appearing in paragraph (h) and substitute therefor the words "the provisions of this Act or any regulations made under section 70". Delete paragraph (l) and substitute therefor the following new paragraph- "(l) on regular basis, inspect universities in Kenya". Delete paragraph (n). New Insert the following new subsection immediately after subsection (2)- "(2A) The Commission shall have all the powers as may be necessary for the proper discharge of its functions under this Act". s.5(3) Delete the words "save as may be provided under any other written law". 306 No. 18 S tatu te l-aw M is c e llan e o u s Ant en dntent s ) ( 20t4 s.12(1) Insert the words "and any person employed under this section shall be deemed to be a public officer within the meaning of the Constitution" at the end of the subsection. s.l3(3) Delete the words "core courses" appearing in paragraph (h) and substitute therefor the word "academic programmes". Insert the following new paragraph immediately after paragraph (h)- '(ha) the financial ownership structure of the university if the university is a private university". s. 15 Delete the words "Interim Letter of Authority" and substitute therefor the words "Letter of Interim Authority". s.15(2) Delete the words "programme or" appearing in paragraph (d) and substitute therefor the word "academic". s.20 (l) Delete paragraph (c) and substitute therefor the following new paragraph- "(c) may, in accordance with its Charter, develop and mount academic programmes". Delete the word "constituent" appearing in paragraph (d). Delete paragraph (e) and substitute therefor the following new paragraph- "(e) may award- (i) degrees, including post- graduate degree and honorary degrees; (ii) diplomas, including post- graduate diplomas; and (iii) other academic certificates". s.20(2) Delete the word "constituent". 307 2014 Statute Latt' ( Miscelleneous Amendmettts) No. 18 Insert the following new subsection immediately after subsection (2)- (3) The Cabinet Secretary may, in consultation with the Commission, by order published in the Gazette, establish or declare an institution of learning or higher education or other training establishment to be a constituent college of a university. s.25(2) Delete the expression "2012" and substitute therefor the expression "2013". s.35( I ) Delete subparagraph (a)(v) and substitute therefor the following new subparagraph- (v) in the case of public universities, recommend the appointment of the Vice- Chancellor, Deputy Vice- Chancellor, and principals and deputy principals of constituent colleges to the Cabinet Secretary afier a competitive process. s. 3s(2) Delete the words "with the approval of the Commission". s. 3s(3) Insert the words "in accordance with any written law or financing arrangement under section -5 1A" at the end of paragraph (b). s. 36 (l) Insert the words "or, in the case of a constituent college, the Principal of such college" immediately after the expression "Vice-Chancellor" appearing in paragraph (e). Insert the following new subsection immediately after subsection (1)- (lA) Notwithstanding subsection (1) the Vice-Chancellor of a public university shall be an ex- officio mernber of the councils of 308 No. 18 Statute Inw ( Misce llaneous Amendments) 2014 the constituent colleges of that university. s.38 Insert the following new subsection immediately after subsection (4)- (5) The functions of the Chancellor under subsection (3) may in the absence or incapacity of the Chancellor be performed by the Chairperson of the Council. s. 5l (2) Delete the words "Boards of Trustees" appearing in paragraph (b) and substitute therefor the words "sponsor or the Board of Trustees of the university, or its equivalent". New Insert the following new section immediately after section 5 [ - :l':11_. anangement\

51A. (1) A private university granted a charter may enter into a financing arrangement with any person or institution upon such terms and conditions as may be set out in the arrangement, for the purpose of financing the objectives for which the university is established. (2) Without prejudice to the generality of subsection (l), the finance arrangement may set out- (a) the rights and obligations of each party to the arrangement; (b) the sharing of assets or liabilities arising from the arrangement; (c) the manner of termination of such arrangement; 309 2014 Statute ktw ( Miscellaneous Amendments) No. lE (d) such other matter as may be necessary under the law under which the arrangement is made. s.66 Insert the word "under" immediately after the words "person acting". s.70(2) Delete the phrase "university campuses and university campus colleges" appearing in paragraph (a) and substitute therefor the phrase "open universities, foreign university campuses and university constituent col leges". Insert the following new paragraphs immediately after paragraph (f)- (g) procedure for approval of academic programmes by the Commission; (h) procedure for recognizing and equating degrees, diplomas and certificates conferred by foreign universities; (i) criteria for evaluating internal tools developed by universities for the purpose of assessing quality assurance; s.83( l ) Insert the words "without further conveyance, transfer or assignment" immediately after the words "the Commission" appearing in paragraph (a). s.84( 1) Insert the word "term" immediately after the words "remainder of their". First Delete the word "Board" wherever it Schedule appears in paragraphs I to 8 and substitute therefor the word "Commission". 310 No. 18 Statute Law ( Misce llaneous Am endments ) 2014 The Treaty Making s.2(1) Delete the definition of "Cabinet and Ratification Secretary" and substitute therefor the Act,2012 (No.45 follorving new definition of 2012). - "Cabinet Secretary" means the Cabinet Secretary responsible for the time being responsible for matters relating to foreign affairs. s.8 Delete the word "Parliament" wherever it appears and substitute therefor the words "the National Assembly". s. 8(2) Delete. s. 8(6) Delete. s. 8(7) Delete and substitute therefor the following new subsection- "(7) Where the National Assembly refuses to approve the ratification of a treaty, the Clerk of the National Assembly shall submit the resolution of the House to the relevant Cabinet Secretary within fourteen days of the resolution". s. 8(8) Delete. s.9 Delete the word "Parliament" wherever it appears and substitute therefor the words "the National Assembly". s. l3(l ) Delete the word "treaties" appearing immediately after the words "relating to" and substitute therefor the rvords "foreign affairs". The Kenya s.28 Delete. National Commission for UNESCO Act, 2013 (No. 5 of 20 r3). s.29 Delete. s.30 Delete. -l1 l 2014 S tat tt te Lu n, ( M i s c e I ltt ne o r ts Atn ordnte n t s ) No. 18 The National s.2 Renumber the existing provision as Honours Act, 2013 subsection ( l) and add the follorving new (No. 11 of 2013). subsection - (2) For the avoidance of doubt. the provisions of this Act shall be construed lvithout prejudice to the powers of the President under Article B2@)(c) of the Constitution to confer honours in the name of the people and the Republic. s. l5 Renumber the existing provision as subsection ( 1) and add the follorving nerv subsection - (2) Notwithstanding any other provision of this Act, until the Regulations contemplated by section 14 are made, the President may confer national honours of the types, categories or classes existing prior to commencement of this Act and the procedures applicable to such conferment shall continue to apply. The Kenya Law s.8(1) Insert the words "one of whom shall be a Reform member of the Law Society of Kenya" Commission Act. immediately after the expression 2013 (No. 19 of Attorney-General" in paragraph (c). 2013). Delete the expression "Attorney- General" appearing in paragraph (d) and substitute therefor the expression "Director of Public Prosecution" Delete the expression "Cabinet Secretary" appearing in paragraph (e) and substitute therefor the expression "Chief Justice". s. 8(4) Delete the expression "(1)(c) and (d)" and substitute therefor the expression (1)(d) and (e)." The Civil Aviation s.2 Insert the following new definitions in Act,2013 (No.21 their proper alphabetical sequence- of 2013). "chief investigator" means the chief investigator appointed under section 53; 3t2 No. 18 Statute lttw ( M i sce llaneous Am endments ) 2014 "investigator-in-charge" means the investigator appointed by the chief investigator on the basis of his or her experience and charged with the responsibility for the organisation, conduct and control of an investigation into a specific accident or incident; "safety recommendation" means a proposal of the chief investigator or the investigator-in-charge, based on information derived from an investigation or other sources, made with the intention of preventing accidents or incidents and not to apportion blame or liability; s.7(1Xg) Delete the words "investigator-in-charge" and substitute therefor the words "chief investigator". s.52(b) Insert the word "sole" immediately before the word " purpose". s3(l) Delete the words "an investigator-in- charge" and substitute therefor the words "chief investigator". s3(2) Delete subsection (2) and substitute therefor the following new subsection- (2) The investigation of an accident or incident under this Act shall be conducted to determine the facts, conditions, circumstances and safety factors, and where possible the probable cause of the accident, with the sole objective of prevention of future accidents and incidents and not to apportion blame or liability. s4(1) Insert the words "the chief investigator" immediately after the word "Kenya". s4(3) Delete the words "person in charge of investigation" and substitute therefor the words "investi gator-in-charge". 54 Insert the following new subsection immediately after subsection (3)- 313 2014 Statute Law ( Misce llaneous Amentlments ) No. 18 (3A) No part of the final report referred to under subsection (3) shall be admissible as evidence in a court of law or used in any suit or action for damages arising out of any matter mentioned in such reports. s4(4) Delete the words "person in charge of investigation" and substitute therefor the words the "investigator-in-charge". s4(7) Delete the words "investigator-in-charge" wherever they appear and substitute therefor the words "chief investigator"; and Delete the words "person in charge of investigation" and substitute therefor the words "investigator-in-charge". s4(l r) Delete the words "investigator-in-charge" wherever they appear and substitute therefor the words "chief investigator". The Science, s.2 Delete the definition of "Secretary". Technology and Insert the following new definition in its Innovation Act, proper alphabetical sequence- 2013 "Director-General" means the (No.28 of 2013). Director-General of the Commission appointed under section 8. s.5( I ) Delete the expression "Secretary" appearing at the beginning of paragraph (h) and substitute therefor the expression "Director-General". s.8 Delete the expression "Secretary" and substitute therefor the expression "Director-General". s.8( I ) Delete the words "Secretary to" and substitute therefbr the words "Director- General". s.8(2) Delete the words "a Commission Secretary" and substitute therefor the term "Director-General". -t l-1 No. 18 Sturttttu Luu' ( Miscelltttteous Amandntents) 2014 s.8(3) Delete the rvord "Secretary" and substitute therefor the expression "Director-General". s.8(4) Delete the expression "Secretary" and substitute therefor the expression "Director-General". s.l2(2) Delete the rvord "under" and substitute therefore the rvord "within". Delete the letter "a" appearing immediately before the rvords "research institution" and substitute therefor the words "an academic". s.25(1) Insert the word "products" immediately after the word "processes". s.4l Delete the expression "Commission Secretary" and substitute therefor the expression "Director-General". The Technical and s.2 Delete the definition of the expression Vocational "teacher trainer College" Education Act. Insert the following nerv definition in 2013 (No. 29 of proper alphabetical sequence 2013). - "technical trainer college" nteans an institution offering technical teachers training at higher diploma level. s.7 Insert the follorving new subsection immediately afier subsection (2)- (3) For the avoidance of doubt, the Authority shall be the sole body with the powers to perform the functions set out in this section. s.9(3) Delete the word "doctorate" appearing in paragraph (a) and substitute therefor the word "at least a Masters". s.26( 1) Delete the word "teacher" appearing in paragraph (b) and substitute therefor the word "technical". Renumber the paragraph appearing immediately before paragraph (a) as 315 2014 S tdtu t e Lux' ( M i s c e I I u n ( )u.t Ant e rt drne ttl s ) ( No. 18 paragraph (a) and renumber the rest of the paragraphs consecutively. s.28( 1) Delete paragraph (d) and substitute therefor the following new paragraph- (d) Councils for technical trainer colleges. s.46 Renumber the subsections appearing immediately after subsection (6) as subsections (7) and (8) respectively. Second Delete the expression "TIVET" and Schedule substitute therefor the expression Para2l "TVET".