No 7 Of 2016 - as Plain Text by MWakili

00 O~ OV SPECIAL ISSUE LOIn'ID ;11-1 Kenya Gazette Supplement No.

57 (Acts No.

7) 11- r., REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2016 NAIROBI, 26th April, 2016 CONTENT Act - PAGE The Statute Law (Miscellaneous Amendments) Act, 2016.139 NATIONAL COUNCIL FOR LAW WDA RECEIVED :is MAY 201 P.O.

Box 10443-00100 NAIROBI, KENYA TEL: 2'1i231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI / M! 41 Jf 139 THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT No.

7 of 2016 Date Assent.

22nd April, 2016 of Date of Commencement: 10th May, 2016 AN ACT of Parliament to make minor amendments to statute law ENACTED by the Parliament of Kenya, as follows- This Act may be cited as the Statute Law Short title.

(Miscellaneous Amendments) Act, 2016.

The several laws specified in the first Amendment of column of the Schedule are amended, in the provisions written laws.

specified in the second column thereof, in the manner respectively specified in the third column.

SCHEDULE (s.2) Written law Provision Amendment The Land Long title Delete the expression "trust land" and Adjudication substitute the expression therefor Act (Cap.

"community land".

284).

Insert the following new definitions in proper s.2 - alphabetical sequence "Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to land.

"Minister" means Cabinet Secretary.

Delete the expression "Trust Land" and s.3(1) substitute therefor the expression "community land".

Delete the expression "county council" appearing in paragraph (a) and substitute therefor the expression "county government".

140 No.

7 Statute Law (Miscellaneous Amendments) 2016 s.23(2) Delete the expression "county council" wherever it appears in paragraph (d) and substitute therefor the expression "county government".

s.23(3) Delete the expression "county council" appearing in sub-paragraph (b) (iii) and substitute therefor the expression "county government".

Delete the expression "Trust Land" appearing in sub-paragraph (b)(iii) and substitute therefor the expression "community land".

The Urban s.

Delete the expression "five hundred 5 Areas and thousand" and substitute therefor the Cities Act, expression "two hundred and fifty thousand.

2011 (No.

13 of 2011).

s.9(3) Delete the expression "two hundred and fifty thousand" appearing in paragraph (a) and substitute therefor the words "between seventy thousand and two hundred and forty- nine thousand".

Insert the following new subsection immediately after subsection (3)- "(4) Notwithstanding the provisions of subsection (1), the county governor shall confer the status of a special municipality to the headquarters of the county even where it does not meet the threshold specified under subsection (3)(a)." s.10(2) Delete the expression "ten thousand" appearing in paragraph (a) and insert the expression "two thousand".

New Add the following new section immediately after section 60- 141 2016 Statute Law (Miscellaneous Amendments) No.

6 Charges and rates.

61.

Until such time as a new law relating to imposition of rates and charges is enacted, urban areas and cities may continue to impose rates and charges under the law for the time being in force in relation thereto with necessary modifications.

The County s.4(2) Governments Insert the word "Committee" immediately Act, 2012 after the word "Executive".

(No.

17 of 2012).

s.5(2) Delete the words "establishment and staffing of" appearing in paragraph (f) and substitute therefor the words "establishing and staffing".

s.26(2) Delete the word "fifteen" and substitute therefor the word "ten".

s.32(1) Insert the word "First" immediately before the word "Schedule".

s.38 Insert the word "First" immediately before the word "Schedule".

s.45(4) Insert the word "the" immediately before the word "exercise".

s.46(2) Insert the word "departments" immediately after the word "establishing".

s.

54 Delete subsections (2), (3) and (4) and substitute therefor the following (2) There shall be, for every county, a consultative forum for the co-ordination of development activities consisting of the heads of departments in the county and heads of recognised professional bodies in the county.

-1 142 No.

7 Statute Law (Miscellaneous Amendments) 2016 The consultative forum shall be chaired by the Governor or in his or her absence, the deputy Governor, and in the absence of both, a member of the county executive committee designated by the governor.

The consultative forum may carry out such other function as may be provided in any county legislation.

Delete the expression "(1)(a)" and substitute s.59(2) therefor the expression "(1)(b)".

Delete the word "the" appearing immediately s.81(3) before the word "subsection" in paragraph (c) and substitute therefor the word "this".

Delete the expression "section 88" and s.88(3) substitute therefor the words "this section".

Delete the expressions "(a)" and "(e)" s.121(2) appearing in paragraph (i) and substitute therefor the expressions "(b)" and "(f)" respectively.

Delete the expression "31", "33" and "39" First appearing in the heading and substitute Schedule.

therefor the expressions "30", "32", and "38" respectively.

s.1 Delete the word "Fisheries".

The Agriculture, Fisheries and Food Authority Act, 2013 (No.

13 of 2013).

s.2 In the definition of "Authority" delete the word "Fisheries".

Delete the word "aquaculture" appearing in the definition of the word "agriculture".

Delete paragraphs (b) and (d) from the definition of the word "agriculture".

143 2016 Statute Law (Miscellaneous Amendments) No.

6s.3(1) Delete the word "Fisheries".

s.3(3) Delete the words "the Livestock Act and Fisheries Act".

s.4(a) Delete the words "and the Fisheries Act".

s.4(b) Delete the words "and aquatic".

s.4(b) Delete the expression "and the Fisheries s.4(c) Act".

Delete the words "and aquatic".

s.4(c) Delete the expression "and the Fisheries Act".

s.4(d) Delete the words "and aquaculture".

s.4(e) Delete the words "and aquatic".

s.4(t) Delete the expression "the Fisheries Act".

s.5(1) Delete paragraph (a) and substitute therefor the following (a) a non-executive chairman appointed by the President; Delete paragraphs (d), (f), (g), (h) and (k).

Delete paragraph (i) and substitute therefor the following new paragraph- (i) eight persons, being farmers representing farmer organizations in the major crop subsectors in Kenya appointed by the Cabinet Secretary in consultation with the Delete.

Council of County Governors.

s.5(2) s.5(3) Delete.

s.5(4) Delete the expression "and (i)" appearing immediately before the word "shall" in the prefatory clause.

144 No.

7 Statute Law (Miscellaneous Amendments) 2016 Delete paragraph (a) and substitute therefor the following new paragraph - (a) be a person who- holds a degree from a university recognized in Kenya; and has knowledge and experience in agriculture, finance, law, human administration, resource management or such other expertise as the appointing authority may consider relevant.

Delete and substitute therefor the following S.

10(l) new sub-section- There shall be a Director General who shall be the Chief Executive Officer of the Authority to be recruited by the Board of the Authority through a competitive process.

Is.10(2) Delete and substitute therefor the following- The appointment of the Director-General of the Authority under subsection (1) shall be done by the Cabinet Secretary.

S.11 Delete subsections (2) and (5).

s.16 Delete subsections (2) and (3) and substitute therefor the following new subsections (2) Notwithstanding the provisions of subsection (1), all levies imposed under the Act on scheduled crops, shall be applied towards the sustenance, development, provision and for the benefit of the crop or sector in respect of which the levies are imposed.

145 2016 Statute Law (Miscellaneous Amendments) No.

6 All levies imposed under the Act shall be collected and remitted to the respective directorate responsible for the crops appearing under the First Schedule of the Crops Act and if not remitted on or before the date prescribed by the notice, the amount due shall be a civil debt recoverable summarily by the Authority.

A percentage of any levy imposed under the Act as shall be gazetted by the Cabinet Secretary and which shall not exceed twenty percent of the levy shall be remitted to the Board.

s.22(2) Delete paragraphs (g), (h) and (i).

s.40(1) Delete the words "farmer organisation" and substitute therefor the words "stakeholder organisations".

s.42 Delete and substitute therefor the following new section - Measurement of 42.

The weight unit of measurement of all crop produce or products subject to regulations made under this Act by the Authority shall be as prescribed for each crop produce or product by the Cabinet Secretary by notice in the Gazette subject to any other law or regulations made under this Act and taking into account international standards.

s.43 Delete and substitute therefor the following new section - 146 No.

7 Statute Law (Miscellaneous Amendments) 2016 Prohibition of 43.

A person shall not export of some new produce export raw cashewnuts, pyrethrum, bixa, macadamia or any other agricultural product as may be prescribed, except with the written authority of the Cabinet Secretary.

First Schedule Delete subparagraphs (ix) and (x).

Para.

1 Delete subparagraph (vi) and substitute therefor the following new subparagraph (vi) The Pyrethrum Regulatory Authority; Para 9 Delete paragraph 9 and substitute therefor the following new paragraph- 9.

The Cabinet Secretary may appoint an interim Board to be known as the Interim Management Committee with a Secretariat to undertake the functions of the Authority for a maximum period of one year or until a substantive Board is put in place, whichever is earlier.

The Crops s.2 In the definition of "Authority" delete the Act, 2013 word "Fisheries".

(No.

16 of s.

8(g) 2013' Delete the word biodiversity appearing / immediately after the words "the National" and substitute therefor the word "Biosafety".

Delete the words "Authority with s.9(3) the approval of National Assembly" and substitute therefor the words Secretary".

"Cabinet First Schedule Insert the following new item in Part 3- Miraa cat/ia edulis ri 147 2016 Statute Law (Miscellaneous Amendments) No.

6 The Kenya s.5(1) Delete the words "marine and fisheries" Agricultural appearing in paragraph (a).

and Livestock Research Act, 2013 (No.

17 of 2013).

s.6(1) Delete paragraph (d), (e), and (h).

s.6(1) Delete paragraph (i) and substitute therefor the following new paragraph- (i) five persons appointed by the Cabinet Secretary, of whom- one shall represent the interests of farmers; one shall represent the interest of the general public; one shall be a representative of an higher institution of learning; two persons co-opted by the Board, who may be non-citizen scientists in the field of agriculture and who possess such knowledge and experience as may be necessary for the better carrying out of the functions of the Board; and liirector-General the appointed in accordance with section 14.

Delete paragraph (b) and substitute therefor s.6(3) the following new paragraph (b) at least two deputy directors who shall include- 148 No.

7 Statute Law (Miscellaneous Amendments) 2016 the Deputy Director-General crops; and the Deputy Director- General Livestock.

Delete Paragraph (c).

s.7 Delete paragraph (a) and substitute therefor the following new paragraph (a) be appointed on such terms as the Cabinet Secretary may determine.

s.15 Delete paragraph (a) and substitute therefor the following new paragraph (a) holds a postgraduate degree or its equivalent in a relevant area; s.16 Insert the words "or crops" immediately after the word "livestock".

Insert the words "or crops" immediately after the word "animal" appearing in paragraph (b).

Delete paragraph (c) and substitute therefor the following new paragraph (c) a postgraduate degree or its equivalent from a recognised university; Delete the word "ten" appearing in paragraph (d) and substitute therefor the word "five".

s.32(2) Delete the word "fisheries" appearing in paragraph (b).

Delete the word "fisheries" appearing in paragraph (c).

Second Delete paragraph (c), (q) and (r).

Schedule Third Delete paragraph (e).

Schedule Fourth Delete paragraph (b).

Schedule.