Licensing Laws Repealsand Amendment Act 2006 - as Plain Text by MWakili

F NATIONAL COUNCIL FOR I.

CAI REPOR II NG MARV SPECIAL ISSUE Kenya Gazette Supplement No.

101 (Acts No.

17) ACCESSION No: ''''''''' '''''''''''''''''.

REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2006 NAIROBI, 2nd January, 2007 CONTENT Act PAGE The Licensing Laws (Repeals and Amendment) Act.

2006 547 !,.

.

.

.

.

PRINTED AND PUBLISHED BY THE GOVERNMENT PR EWER.

NAIROBI 547 THE LICENSING LAWS (REPEALS.AND AMENDMENT) ACT, 2006 No.

17 of 2006 Date of Assent: 30th December, 2006 Date of Commencement: By Notice An Act of Parliament to repeal certain statutes and to make minor amendments to the law relating to business licences, and for connected purposes ENACTED by the Parliament of Kenya, as follows- 1.

This Act may be cited as the Licensing Laws Short title and (Repeals and Amendment) Act, 2006 and shall come into commencement operation on such date as the Minister may, by notice in the Gazette, appoint.

Repeal of 2.

The Industrial Registration Act is repealed_ .I 18 Cap Amendment of 3.

Section 3 of the Liquor Licensing Act is amended by section 3 of Cap.12l.

(a) deleting the words "traditional liquor as defined in the Traditional Liquor Act, or" appearing in the definition of "liquor"; (b) inserting the following new definition in proper alphabetical sequence- 9 "traditional liquor" means- (a) any intoxicating liquor manufactured by traditional African methods, other than distillation, which is offered, or intended to be offered, for sale in a state of continuing fermentation without further processing; or 548 Licensing Laws (Repeals and Amendment) 2006 No.

17 (b) such other intoxicating liquor manufactured in Kenya otherwise than by distillation, as the Minister may, by notice in the Gazette, declare to be traditional liquor for the purposes of this Act.

Amendment of 4.

The Liquor Licensing Act is amended by deleting the Schedule to the Schedule and substituting therefor the following new Cap.

I21.

Schedule - SCHEDULE (s.22) 1.

Liquor licences of the following descriptions may be granted under this Act- (A) Brewer's licence Subject to the conditions specified in the licence, a brewer's licence authorises the holder to - (a) brew and store the brewed liquor in his depot; (b) sell the product of his brewery by wholesale in accordance with the conditions that are, for the time being, applicable to a holder of a wholesale licence or by delivery from the depot throughout Kenya; and (c) bottle liquor subject to such conditions as may be prescribed.

For the purposes of this paragraph, "depot" means premises of whatever description, which are occupied by a brewer for the purposes of his trade.

549 2006 Licensing Laws (Repeals and Amendment) No.

17 (B)Wholesale licence A wholesale liquor licence authorises the licensee to sell liquor at the premises specified in the licence, subjects to such conditions as may be prescribed.

(C)Retail licence A retail liquor licence authorises the licensee to sell liquor on the premises, at the hours and subject to such other conditions as are specified in the licence.

2.

The following general provisions apply with respect to licences granted under this Act- (a) A liquor licence may be granted to apply to more than one premise, subject to the conditions specified in the licence.

The addresses of all the premises shall be specified in the licence.

(b) A liquor licence shall be valid for a period of one year from the date of issue and is renewable, subject to the Act and the conditions on which it is issued.

(c) A liquor licence may be transferred to such person as may be approved by the Liquor Licensing Court on application of the transferor and the transferee, subject to such conditions as may be imposed.

The Traditional Liquor Act is repealed.

Repeal of Cap.

122.

6.

Section 2 of the Antiquities and Monuments Act Amendment of is amended by- section 2 of Cap.

215.

(a) deleting the definition of "exploration licence"; 550 Licensing Laws (Repeals and Amendment) 2006 No.

17 (b)inserting the following new definition of "explorer" in the proper alphabetical order- "explorer" means a person who, by means of excavation or surface operations searches for buried monument or antiquity, whether or not in a protected area.

Repeal of section ( 7.

Section 5 the Antiquities and Monuments Act is 5 of Cap.

215.

repealed.

Repeal of section Section 6 of the Antiquities and Monuments Act 6 of Cap.

215.

is repealed.

Amendment of 9.

Section 7 of the Antiquities and Monuments Act section 7 of Cap.

is amended- 215.

(a) in subsection (1) by deleting the words "For the purposes of an exploration licence, the holder thereof' and substituting therefor the words "An explorer"; (b)by deleting the words "holder of exploration licence" wherever they together appear and substituting therefor the word "explorer".

Amendment of 10.

Section 8 of the Antiquities and Monuments Act section 8 of Cap is amended in subsection (I) by deleting the words 215.

"otherwise than in the course of operations permitted by an exploration licence".

Amendment of 11.

Section 9 of the Antiquities and Monuments Act section 9 of Cap is amended in subsection (1) by deleting the words "by 215.

an exploration licence, or".

551 2006 Licensing Laws (Repeals and Amendment) No.

17 Amendment of 12.

Section 10 of the Antiquities and Monuments section to of Act is amended by deleting paragraphs (a) and (b).

Cap.

215.

13.

Section 46' of the Antiquities and Monuments Amendment of Act is amended by deleting the words "exploration section 46 of licences and" appearing in paragraph (a).

Cap.

215.

The Shop Hours Act is repealed.

Repeal of the Cap.231.

The Mombasa Shop Hours Act is repealed.

Repeal of Cap.

232.

16.

Section 135A of the Public Health Act is Amendment of amended in subsection (1) by deleting the words "and section I 35A of cowsheds" appearing in paragraph (b).

Cap.242.

17.

Section 3 of the Use of Poisonous Substances Amendment of Act is amended in subsection (1) by deleting paragraph section 3 of Cap.

(c).

247 18.

Section 163A of the Local Government Act is Amendment of amended by inserting the following new subsections Section I63A of immediately after subsection (6)- Cap.265.

(7) An applicant for a business permit under subsection (1) shall, in the application, elect whether to be issued with a permit for a period of either one year or two years.

(8) Where a person is issued with a business permit by one local authority to distribute goods or provide services within the area of that local authority, such permit shall be valid for the distribution of goods or provision of services within the area of any other local authority.

19.

The Local Government Act is amended by Insertion of a inserting the following new section 201A immediately new section after section 201- 20IA into Cap.

265.

552 No 17 Licensing Laws (Repeals and Amendment) 2006 Licenses, etc 201A.

At the commencement of this section, all to be bylaws, licenses, fees, permits and other resubmitted for new charges imposed by every local authority shall approvals.

be resubmitted to the Minister for new approval notwithstanding that an approval may have been given by the Minister in respect of such bylaws, licences fees, permits or other charges prior to the commencement of this section.

Repeal of Cap.

20.

The Local Authorities Services Charge Act is 274.

repealed.

Repeal of 21.

The Distress for Rent Act is amended by section I8 of repealing section 18.

Cap.

293.

Repeal of the 22.

The Distress for Rent Act is amended by Third Schedule repealing the Third Schedule thereto.

to Cap 293 Amendment of 23.

Section 12 of the Mining Act is amended by section 12 of deleting subsection (2).

Cap.306.

Repeal of 24.

The Diamond Industry Protection Act is section 22 of amended by repealing section 22.

Cap.310.

Amendment of 25.

The Schedule to the Diamond Industry the Schedule to Protection Act is amended by deleting Forms E and F.

Cap.310.

Amendment of 26.

Section 2 of the Canning Crops Act is amended section 2 of by deleting the definitions of "canning factories licence", Cap.

328.

"growers licence" and "licensed scheduled crop".

Amendment of ' 27.

Section 7 of the Canning Crops Act is amended- section 7 of (a) by deleting paragraphs (a); Cap.328.

(b) in paragraph (b) by deleting the words "licensing and" 553 2006 Licensing Laws (Repeals and Amendment) No.

17 28.

The Canning Crops Act is amended by Repeal of repealing section 8.

section 8 of Cap.

328 29.

The Canning Crops Act is amended by Repeal of repealing section 9.

section 9 of Cap.

328 30.

The Canning Crops Act is amended by Repeal of repealing section 10.

section 10 of Cap.

328 31.

The Canning Crops Act is amended by Repeal of repealing section 11.

section II of Cap.

328 32.

The Canning Crops Act is amended by Repeal of repealing section 12.

section 12 of Cap.

328 33.

The Canning Crops Act is amended by Repeal of repealing section 13.

section 13 of Cap.

328 34.

The Canning Crops Act is amended by Repeal of repealing section 14.

section 14 of Cap.

328 35.

Section 15 of the Canning Crops Act is Amendment of amended in subsection (1) by deleting the words section 15 of "specified in any grower's licence" and substituting Cap.328 therefor the words "where a scheduled crop has been, is or is about to be grown".

, 36.

The Canning Crops Act is amended by Repeal of repealing section 16.

section 16 of Cap.

328.

37.

Section 17 of the Canning Crops Act is Amendment of section I7 of amended by deleting paragraphs (b), (c) and (d).

i Cap.328 38.

The Canning Crops Act is amended by Repeal of repealing section 19.

section 19 of Cap.

328.

554 Licensing Laws (Repeals and Amendment) 2006 No.

17 Repeal of 39.

The Canning Crops Act is amended by sections 20 of repealing section 20.

Cap.

328.

Repeal of 40.

The Canning Crops Act is amended by sections 21 of repealing section 21.

Cap.

328.

Repeal of 41.

The Canning Crops Act is amended by section 22 of repealing section 22.

Cap.

328.

Repeal of 42.

The Canning Crops Act is amended by section 23 of repealing section 23.

Cap.

328.

Amendment of 43.

Section 24 of the Canning Crops Act is section 24 of amended by deleting the word "licensed" appearing Cap.

328.

immediately after the words "reasonable times".

Amendment of 44.

Section 27 of the Canning Crops Act is section 27 of amended by deleting paragraph (a).

Cap.328 Amendment of 45.

Sectioh 28.

of the Canning Crops Act is section 28 of amended by deleting the word "holders of grower's Cap.

328.

licences and persons operating licensed" appearing in paragraph (a) and substituting therefor the words "growers and persons operating".

Amendment of 46.

Section 33 of the Canning Crops Act is section 33 of amended by deleting subsection (1) and substituting Cap.328 therefor the following new subsection- (1) The Board may, by notice in writing, require the holder of a grower of a scheduled crop or any person who operates a factory to render, within a time specified in such notice, to the Board, a return in the prescribed form giving such details as may be prescribed.

Amendment of 47.

Section 34 of the Canning Crops Act is section 34 of amended by deleting paragraph (1).

Cap 328 555 Licensing Laws (Repeals and Amendment) No.

17 2006 of 48.

The Coconut Industry Act is amended by Repeal repealing section 8.

section 8 of Cap.

331.

of 49.

The Coconut Industry Act is amended by Repeal repealing section 9.

section 9 of Cap.

331.

of 50.

The Coconut Industry Act is amended by Repeal repealing section 10.

section 10 of Cap.

331.

of 51.

The Coconut Industry is amended by repealing Repeal of section 11.

section 1I Cap.

33 I.

52.

Section 12 of the Coconut Industry Act is Amendment of amended by deleting the words "and to forfeiture of any section 12 of licence issued under this Act" appearing immediately Cap.

331.

after the word "both".

(Th Amendment pf 43i Section 2 of the Cotton Act is amended by section 2 of deleting the definitions of "licence" and "licence holder".

Cap.335.

(- Section 12 of the Cotton Act is amended by Amendment of 544 section 12 of deletMg the words "licence fees" appearing in paragraph Cap.335 (b).

fl Repeal of section 55./Section 23 of the Cotton Act is deleted.

23 of Cap.

335.

56.

The Cotton Act is amended by repealing section Repeal of 24.

section 24 of Cap.

335.

57.

The Cotton Act is amended by repealing section Repeal of 25.

section 25 of Cap.

335.

58.

The Cotton Act is amended by repealing section Repeal of 26.

section 26 of Cap.

335.

59.

The Cotton Act is amended by repealing section Repeal of 27.

section 27 of Cap.

335.

556 No.

17 Licensing Laws (Repeals and Amendment) 2006 Repeal of 60.

The Cotton Act is amended by repealing section section 28 of 28.

Cap.

335.

Repeal of 61.

The Cotton Act is amended by repealing section section 29 of 29.

Cap.

335.

Repeal of 62.

The Cotton Act is amended by repealing section section 30 of 30.

Cap.

335.

Repeal of 63.

The Cotton Act is amended by repealing section section 31 of 31.

Cap.

335.

Amendment of 64.

Section 41 of the Cotton Act is amended by section 41 of deleting paragraphs (o) and (p).

Cap.335.

Amendment of 65.

Section 19 of the Dairy Industry Act is amended ection 19 of by deleting the words "and retailers" and the words "and Cap.

336.

any premises used by them" appearing in paragraph (j).

Amendment of 66.

Section 2 of the National Cereals and Produce section 2 of Cap Board Act is amended by deleting the definition of 338.

"licensed miller".

Amendment of 67.

Section 18 of the National Cereals and Produce section 18 of Board Act is amended by- Cap.

338.

(a) deleting subsection (1); (b) deleting subsection (4) and substituting therefore the following new subsection- (4) A person who imports or exports maize, wheat or scheduled agricultural produce in contravention of subsection (3) shall be guilty of an offence and liable to a fine not exceeding twenty thousand shillings or to imprisonment for a term not exceeding two years or both.

Repeal of 68.

The National Cereals and Produce Board Act is section 19 of amended by repealing section 19.

Cap.338.

557 No.

17 Licensing Laws (Repeals and Amendment) 2006 Repeal of 69.

The National Cereals and Produce Board Act is amended by repealing section 20.

cations0 of p Repeal of 70.

The National Cereals and Produce Board Act is section 21 of amended by repealing section 21.

Cap.338.

Repeal of 71.

The National Cereals and Produce Board Act is section 22 of amended by repealing section 22.

Cap.338.

Repeal of 72.

The National Cereals and Produce Board Act is section 23 of amended by repealing section 23.

Cap.338.

73.

Section 30 of the National Cereals and Produce Amendment of Board Act is amended in subsection (1) by deleting section 30 of paragraph (b).

Cap.

338.

Section 2 of the Pyrethrum Act is amended by Amendment of deleting the definitions of "licence" and "licenced section 2 of Cap.340.

grower".

75.

Section 6 of the Pyrethrum Act is amended in Amendment of subsection (2) by deleting paragraph (b).

section of Cap.340.

76.

Section 12 of the Pyrethrum Act is amended- Amendment of section 12 of (a) by deleting subsections (1) and (2); Cap.340.

(b) in subsection (3) by deleting the expression "or subsection (2)".

77.

The Pyrethrum Act is amended by repealing Repeal of section 13.

section 13 of Cap.340.

78.

The Pyrethrum Act is amended by repealing Repeal of section 14.

section 14 of Cap.340.

79.

The Pyrethrum Act is amended by repealing Repeal of sectionl5.

section 15 of Cap.340.

558 No.

17 Licensing Laws (Repeals and Amendment) 2006 Amendment of 80.

Section 17 of the Pyrethrum Act is amended by section 17 of deleting the words "a licensed grower in accordance with Cap.340.

the terms and conditions of a valid licence" and substituting therefor the word "grower" Amendment of 81.

Section 21 of the Pyrethrum Act is amended by section 21 of deleting the word "licensed" wherever it appears.

Cap.340.

Amendment of 82.

Section 35 of the Pyrethrum Act is amended by section 35 of deleting the word "licensed" wherever it appears.

Cap.340.

Repeal of 83.

The Sisal Industry Act is amended by repealing section 13A of section 13A.

Cap.

341 Amendment of 84.

Section 13B of the Sisal Industry Act is section I3B of amended by deleting paragraph (a).

Cap.

341.

Amendment of 85.

Section 14 of the Sisal Industry Act is amended section 14 of by- Cap.

341.

(a) deleting paragraphs (a),(b),(c),(d),(e), and (0; (b) deleting the word "registered" wherever it appears in paragraph (g).

Repeal of 86.

The Branding of Stock Act is amended by section 17 of repealing section 17.

Cap.

357.

Amendment of 87.

The Branding of Stock Act is amended in the the First First Schedule thereto by deleting Form E.

Schedule to Cap 357.

Amendment of 88.

Section 2 of the Hide, Skin and Leather Trade section 2 of Act is amended by Cap.359.

(a) deleting the definitions of "exporter's licence" and "licensing officer"; 559 No.

17 Licensing Laws (Repeals and Amendment) 2006 (b) deleting the words "authorized under this Act to" in the definition of "exporter" and substituting therefor the word "who"; (c) deleting the words "authorized under this Act to" in the definition of "importer" and substituting therefor the word "who".

89.

The Hide, Skin and.

Leather Trade Act is Repeal of amended by repealing section 3.

section 3 of Cap.

359.

90.

The Hide, Skin and Leather Trade Act is Repeal of amended by repealing section 4.

section 4 of Cap.

359.

91.

Section 5 of The Hide, Skin and Leather Trade Amendment of Act is amended by deleting the words "it shall be a section 5 of Cap.

condition of every buyer's licence that the licensee" and 359.

substituting therefor with the words "Every buyer".

92.

The Hide, Skin and Leather Trade Act is Repeal of amended by tepealing section 6.

section 6 of Cap.

359.

93.

The Hide, Skin and Leather Trade Act is Repeal of amended by repealing section 8.

section 8 of Cap.

359.

94.

The Hide, Skin and Leather Trade Act is Repeal of amended by repealing section 9.

section 9 of Cap.

359.

95.

Section 10 of the Hide, Skin and Leather Trade Amendment of Act is amended by deleting the words "it shall be a section 10 of condition of every exporter's or importer's licence that Cap.

359.

the licensee" and substituting therefor the words "every exporter or importer".

96.

The Hide, Skin and Leather Trade Act is Repeal of amended by repealing section 11.

section II of Cap.

359.

560 No.

17 Licensing Laws (Repeals and Amendment) 2006 Replacement of 97.

The Hide, Skin and Leather Trade Act is section 14 of amended by deleting section 14 and substituting therefor Cap.359.

the following new section- Appeal 14.(1) A person aggrieved by the decision of an against inspector under section 12 may, in writing, decision.

require the inspector to supply him with written reasons, for the decision.

(2) Upon receipt of the reasons for the decision under subsection (1), the aggrieved person may appeal to the Minister in such manner as may be prescribed.

Repeal of 98.

The Hide, Skin and Leather Trade Act is section 16 of amended by repealing section.16.

Cap.

359.

Replacement of 99.

The Hide, Skin and Leather Trade is amended by section 18 of deleting section 18 and substituting therefor the following Cap.359.

new section Registration 18 No person shall store any hides, skins or certificate.

leather except in the premises to which the registration certificate relates.

Amendment of 100.Section 19 of The Hide, Skin and Leather Trade section 19 of Act is amended- Cap.

359.

(a) in subsection (1) by deleting words "and no holder of a buyer's licence or exporter's or importer's licence"; (b) in subsection (2) by deleting paragraph (g).

561 2006 Licensing Laws (Repeals and Amendment) No.

17 101.Section 20 of The Hide, Skin and Leather Trade Amendment of Act is amended by deleting paragraph (a).

section 20 of Cap.

359.

102.The Pig Industry Act is repealed.

Repeal of Cap.

361.

103.

Section 2 of the Kenya Meat Commission Act Amendment of is amended by deleting the definition of "scheduled section 2 of Cap.

undertaking".

363.

104.

The Kenya Meat Commission Act is amended Repeal of by repealing section 8.

section 8 of Cap.

363.

105.

Section 28 of the Kenya Meat Commission Amendment of Act is amended by deleting subsection (2).

section 28 of ,Cap.

363.

106.

Section 4 of the Veterinary Surgeons Act is Amendment of amended by deleting subsections (2), (3) and (4).

section 4 of Cap.

366.

107.The First Schedule to the Tourist Industry Amendment of Licensing Act is amended by deleting the following the First items thereof- Schedule to Cap.

381.

B.1 Proprietors, owner-drivers and self employed drivers of passenger vehicles used wholly or partly in a tourist enterprise; B.2 Shopkeepers, stallholders, and any other person offering garments of souvenir value for sale to tourists as a substantial part of their business; B.5 Motor cycle or bicycle hire enterprises; C.1 Shopkeepers, stallholders, stand holders and any other person offering for sale to tourists as a substantial part of their business goods made by manufactures of such goods; 562 Licensing Laws (Repeals and Amendment) 2006 No.

17 C.4 Travel Bureaux or booking offices, other than those of an airline, which operates international air routes and does not carry on any tourist activities in Kenya.

C.5 Interpreters; C.7 Cultural centers.

108.Section 2 of the Hotels and Restaurants Act is Amendment of amended by deleting the' definition of "hotel manager's section 2 of licence".

Cap.494.

Amendment of Section 4 of the Hotels and Restaurants Act is 109.

section 4 of amended- Cap.494.

(a) in subsection (1) by deleting paragraphs (a) and (b); (b) deleting subsection (3) and substituting therefor the following new sub-section (3) In the event of any contravention of paragraph(a) or (c) of subsection (1), the owner, and the manager (if any) of the premises concerned shall be guilty of an offence and be liable to a fine not exceeding ten thousand shillings, or to imprisonment for a term not exceeding twelve months, or to both.

Amendment of 110.

Section 5 of the Hotels and Restaurants Act is section 5 of amended by deleting subsection (7).

Cap.494.

Amendment of 111.

Section 6 of the Hotels and Restaurants Act is section 6 of amended by deleting subsection (3).

Cap.494.

Repeal of Cap.

112.

The Trade Licensing Act is repealed.

497.

563 No.

17 Licensing Laws (Repeals and Amendment) 2006 113.

The Stock Traders Licensing Act is repealed.

Repeal of Cap.

498.

114.The Imports, Exports and Essential Supplies Act Repeal of is repealed.

Cap.502.

115.

The Factories Act is amended by inserting a Insertion of new section immediately after section 12 as follows - Section 12A into Cap 514.

Exemption 12A.

(1) The provisions of this Part shall not from Part.

apply to a small or medium size enterprise.

(2) For the purposes of this section, "small or medium size enterprise" means a factory whose number of employees does not exceed fifty.

116.Section 3 of the Brokers Act is amended in Amendment of subsection (2) by deleting the words "expire on the 31st section 3 December following" and substituting therefor the words Cap.527.

"be valid for a period of three years from the date of issue".

117.

The Environmental Management and Repeal of Coordination Act is amended by repealing section 95.

section 95 of No.

8 of 1999.

118.

The Environmental Management and Repeal of Coordination Act is amended by repealing section 96.

sections 96 of No.

8 of 1999.

Environmental Amendment of the of 106 119.

Section section 106 of Management and Coordination Act is amended- No.

8 of 1999.

(a) in subsection (1) by deleting the words "this Act or regulation made thereunder" and substitute thereto" the words "the Radiation Protection Act"; (b) in subsection (2) by deleting the word "Authority" and substituting therefor the words "the Radiation Protection Board" established under the Radiation Protection Act." 564 No.

17 Licensing Laws (Repeals and Amendment) 2006 Amendment of 120.

Section 17 of the Coffee Act is amended in section 17 of subsection (2) by adding anew paragraph (d) as follows- No.

9 of 2001.

(d) an auctioneer of coffee.

Amendment of 121.

Section 18 of the Coffee Act is amended section 18 of deleting paragraph (g).

No.

9 of 2001.

)1,: MG LIBRARY.