THE STATUTE LAW Miscellaneous - as Plain Text by MWakili

SPECIAL ISSUE Kenya Gazette Supplement No.

72 (Acts No.

12) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2012 NAIROBI, 12th July, 2012 CONTENT Act PAGE The Statute Law (Miscellaneous Amendments) Act, 2012.529 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT No.

12 of 2012 Date of Assent: 6th July, 2012 Date of Commencement: 12th July, 2012 The Statute Law (Miscellaneous Amendments) Act, 2012 THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT, 2012 AN ACT of Parliament to make minor amendments to statute law ENACTED by the Parliament of Kenya, as follows Short title.

1.

This Act may be cited as the Statute Law (Miscellaneous Amendments) Act, 2012.

Amendment of 2.

The several written laws specified in the first column written laws.

of the Schedule are amended, in the provisions specified in the second column thereof, in the manner respectively specified in the third column.

SCHEDULE (s.

2) Written Law Provision Amendment The Revision of S.8(1)(h) Insert the words section headings the Laws Act immediately after the words marginal (Cap.

1).

notes.

The Appellate S.3(1) Insert the words and any other Court or Jurisdiction Act Tribunal prescribed by an Act of (Cap.

9).

Parliament immediately after the words High Court.

Magistrates S.5 Delete and substitute therefor the following Courts Act new section (Cap.

10).

Civil 5.

The Magistrates Courts jurisdiction shall have and exercise of jurisdiction and powers in Magistrates Courts.

proceedings of a civil nature in which the value of the subject matter in dispute does not exceed 1 The Statute Law (Miscellaneous Amendments) Act, 2012 (a) seven million shillings for a Chief Magistrate; (b) five million shillings for a Senior Principal Magistrate; (c) four million shillings for a Principal Magistrate; (d) three million shillings for a Senior Resident Magistrate, and (e) two million shillings for a Resident Magistrate.

The Advocates S.2 Delete the word Committee wherever it Act (Cap.

16).

occurs in the definition of Disciplinary Committee and substitute therefor the word Tribunal.

S.10 Delete paragraph (a) and substitute therefor the following- (a) an officer in the office of the Attorney-General or the office of the Director of Public Prosecutions; S.12(a) Insert the words Rwanda, Burundi immediately after the word Kenya.

S.13(1) Insert the words the High Court of Rwanda, the High Court of Burundi in paragraph (d) immediately after the word Uganda.

Insert the following new paragraph immediately after paragraph (d) 2 The Statute Law (Miscellaneous Amendments) Act, 2012 (e) he is for the time being admitted as an advocate of the superior court of a country within the Commonwealth and- (i) has practised as such in that country for a period of not less than five years; and (ii) is a member in good standing of the relevant professional body in that country: Provided that the Council may, in addition, require that a person to whom this paragraph applies undergo such training, for a period not exceeding three months, as the Council may prescribe for the purpose of adapting to the practice of law in Kenya.

S.14 Insert the words and the Director of Public Prosecutions immediately after the expression Attorney-General wherever it occurs.

S.20 Insert the words the Director of Public Prosecutions immediately after the expression Attorney-General.

S.32(1) Insert the words or the Director of Public Prosecutions immediately after the 3 The Statute Law (Miscellaneous Amendments) Act, 2012 expression Attorney-General.

New Insert the following new sections immediately after section 32- Employment 32A.

(1) A person who is as in-house qualified to act as an advocate Advocate.

under this Act may be employed as an in-house advocate.

(2) A person who is employed as an in-house advocate shall (a) be an independent professional legal advisor to his or her employer; and (b) not charge fees for services rendered below the minimum prescribed fees under section 44.

Standards of 32B.(1) The Chief Justice work and shall, on the recommendation remuneration.

of the Council of the Society, prescribe (a) the standards of work that may be performed by a person employed as an in-house advocate under this Act; and (a) the criteria for determining the 4 The Statute Law (Miscellaneous Amendments) Act, 2012 remuneration payable to an in- house counsel by an employer.

(2) The employer of an in-house advocate shall not determine the remuneration of such advocate otherwise than in accordance with the criteria prescribed under subsection (1) (b).

(3)Notwithstanding subsection (2), the employer of an in-house advocate may, in making a determination under subsection (2), offer the advocate remuneration which is higher than that prescribed.

(4) Subject to subsection (3), a person who contravenes subsection (2) commits an offence.

S.55 Delete the expression Disciplinary Committee wherever it occurs and substitute therefor the expression Disciplinary Tribunal S.57(1) Delete the introductory part and substitute therefor the following (1)There is established a tribunal to be known as the Disciplinary Tribunal (in this Part referred to as the Tribunal) which shall consist of 5 The Statute Law (Miscellaneous Amendments) Act, 2012 Insert the following new paragraph immediately after paragraph (a)- (aa) the Director of Public Prosecutions; S.57 (2) Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.57(2A) Delete the word Committee and substitute therefor the word Tribunal.

S.

57(3) Delete the word Committee and substitute therefor the word Tribunal.

S.

57(4) Delete the word Committee and substitute therefor the word Tribunal.

S.

58(1) Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.

58(2) Delete the word Committee and substitute therefor the word Tribunal.

S.

58 (3) Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.

58(4) Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.

58(5) Delete the word Committee and substitute therefor the word Tribunal.

S.

59 Delete the word Committee wherever it occurs and substitute therefor the word 6 The Statute Law (Miscellaneous Amendments) Act, 2012 Tribunal.

S.

60(1) Delete the word Committee and substitute therefor the word Tribunal.

S.

60(2) Delete the word Committee and substitute therefor the word Tribunal.

S.

60(3) Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.

60(4) Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.

60(5) Delete the word Committee and substitute therefor the word Tribunal.

S.

60(6) Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.

60(8) Delete the word Committee and substitute therefor the word Tribunal.

S.

60(9) Delete the word Committee and substitute therefor the word Tribunal.

S.60(10) Delete the word Committee and substitute therefor the word Tribunal.

S.

60(12) Delete the word Committee and substitute therefor the word Tribunal.

S.

61(1) Delete the word Committee and substitute therefor the word Tribunal.

S.

61(2) Delete the word Committee and substitute 7 The Statute Law (Miscellaneous Amendments) Act, 2012 therefor the word Tribunal.

S.

61(3) Delete the word Committee and substitute therefor the word Tribunal.

S.

62(2) Delete the word Committee and substitute therefor the word Tribunal.

S.

64 Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.

71 Delete the word Committee and substitute therefor the word Tribunal.

S.72 (1) Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.

72(3) Delete the word wherever it occursCommittee and substitute therefore the word Tribunal.

S.73 (1) Delete the word Committee and substitute therefor the word Tribunal.

S.

75 Delete the word wherever it occurs Committee and substitute therefor the word Tribunal.

S.

76 Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.77 Delete the word Committee and substitute therefor the word Tribunal.

S.78 Delete the word Committee and substitute therefor the word Tribunal.

8 The Statute Law (Miscellaneous Amendments) Act, 2012 S.

80(1) Delete the word Committee wherever it occurs and substitute therefor the word Tribunal.

S.

81(2) Delete the expression Disciplinary Committee and substitute therefor the expression Disciplinary Tribunal.

The Law S.

2 Delete the word Committee from the Society of definition of Disciplinary Committee and Kenya Act substitute therefor the word Tribunal.

(Cap.18).

The Civil S.2 Insert the following definitions in proper Procedure Act alphabetical sequence- (Cap.21).

impartial in relation to a dispute means being and being seen to be unbiased towards parties to a dispute, their interests and the options they present for settlement; mediation means an informal and non-adversarial process where an impartial mediator encourages and facilitates the resolution of a dispute between two or more parties, but does not include attempts made by a judge to settle a dispute within the course of judicial proceedings related thereto; mediation rules means the mediation rules made under this Act; mediator means an impartial third party selected to carry out a mediation.

9 The Statute Law (Miscellaneous Amendments) Act, 2012 New Insert the following new sections immediately after section 59 Establishment 59A.

(1) There shall be a of Mediation Mediation Accreditation Accreditation Committee which shall be Committee.

appointed by the Chief Justice.

(2) The Mediation Accreditation Committee shall consist of (a) the chairman of the Rules Committee; (b) one member nominated by the Attorney- General; (c) two members nominated by the Law Society of Kenya; and (d) eight other members nominated by the following bodies respectively - (i) the Chartered Institute of Arbitrators (Kenya Branch); (ii) the Kenya Private Sector Alliance; (iii) the International 10 The Statute Law (Miscellaneous Amendments) Act, 2012 Commission of Jurists (Kenya Chapter); (iv) the Institute of Certified Public Accountants of Kenya; (v) the Institute of Certified Public Secretaries; (vi) the Kenya Bankers Association; (vii) the Federation of Kenya Employers, and (viii) the Central Organisation of Trade Unions.

(3) The Chief Justice shall designate a suitable person to be the Mediation Registrar, who shall be responsible for the administration of the affairs of the Committee under this Act.

(4) The functions of the Mediation Accreditation 11 The Statute Law (Miscellaneous Amendments) Act, 2012 Committee shall be to- (a) determine the criteria for the certification of mediators; (b) propose rules for the certification of mediators; (c) maintain a register of qualified mediators; (d) enforce such code of ethics for mediators as may be prescribed; and (e) set up appropriate training programmes for mediators.

Reference of 59B.(1) The Court may cases to mediation.

(a) on the request of the parties concerned; or (b) where it deems it appropriate to do so; or (c) where the law so requires, direct that any dispute presented before it be referred to mediation.

(2) Where a dispute is 12 The Statute Law (Miscellaneous Amendments) Act, 2012 referred to mediation under subsection (1), the parties thereto shall select for that purpose a mediator whose name appears in the mediation register maintained by the Mediation Accreditation Committee.

(3) A mediation under this Part shall be conducted in accordance with the mediation rules.

(4) An agreement between the parties to a dispute as a result of a process of mediation under this Part shall be recorded in writing and registered with the Court giving the direction under subsection (1), and shall be enforceable as if it were a judgment of that Court.

(5) No appeal shall lie against an agreement referred to in subsection (4).

Other 59C.

(1) A suit may be alternative referred to any other method dispute of dispute resolution where resolution methods.

the parties agree or the Court considers the case suitable for such referral.

(2) Any other method of alternative dispute resolution shall be governed by such 13 The Statute Law (Miscellaneous Amendments) Act, 2012 procedure as the parties themselves agree to or as the Court may, in its discretion, order.

(3) Any settlement arising from a suit referred to any other alternative dispute resolution method by the Court or agreement of the parties shall be enforceable as a judgment of the Court.

(4) No appeal shall lie in respect of any judgment entered under this section.

Power to 59D.

All agreements enforce private entered into with the mediation assistance of qualified agreements.

mediators shall be in writing and may be registered and enforced by the Court.

The Bankruptcy S.76 Delete the expression Attorney-General Act (Cap.

53).

appearing in paragraph (d) and substitute therefor the expression Director of Public Prosecutions.

S.149 Delete the expression Attorney-General wherever it appears and substitute therefor the expression Director of Public Prosecutions.

The Public S.3(2) Delete the expression Attorney-General Order Act and substitute therefor the expression (Cap.

56).

Director of Public Prosecutions.

14 The Statute Law (Miscellaneous Amendments) Act, 2012 The Penal Code S.52(3) Insert the following paragraph immediately (Cap.

63).

after paragraph (a)- (aa) the Director of Public Prosecutions or his representative.

S.181(4) Insert the expression the Director of Public Prosecutions immediately after the expression Attorney-General.

The Protection S.12 Delete the expression Attorney General of Aircraft Act and substitute therefor the expression (Cap.

68).

Director of Public Prosecutions.

The Criminal S.2 Delete the definition of public prosecutor Procedure Code and substitute therefor the following- (Cap.

75).

public prosecutor means the Director of Public Prosecutions, a state counsel, a person appointed under section 85 or a person acting under the direction of the Director of Public Prosecutions.

S.81 Delete the expression Attorney-General wherever it appears in subsections (3) and (4) and substitute therefor the expression Director of Public Prosecutions.

S.82(1) Delete the expression Attorney-General and substitute therefor the expression Director of Public Prosecutions.

S.83 Delete the expression Attorney-General and substitute therefor the words Director of Public Prosecutions.

S.85 Delete the expression Attorney-General wherever it appears in subsections (1), (2) and (3) and substitute therefor the 15 The Statute Law (Miscellaneous Amendments) Act, 2012 expression Director of Public Prosecutions.

S.87 Delete the expression Attorney-General and substitute therefor the expression Director of Public Prosecutions.

S.88 Delete the expression Attorney-General and substitute therefor the expression Director of Public Prosecutions.

S.137A Delete the expression Attorney-General (4) and substitute therefor the expression Director of Public Prosecutions.

S.137B Delete and substitute therefor the following new section- Plea 137B.

A plea agreement Agreement on behalf of the Republic shall on behalf be entered into by the Director of the Republic.

of Public Prosecutions or officers authorized by the Director of Public Prosecutions in accordance with article 157(9) of the Constitution and any other person authorized by any written law to prosecute: Provided that in any trial before a subordinate court, a public prosecutor may with the prior written approval of the Director of Public Prosecutions or officers subordinate to him, as the case may be, enter into a plea agreement in accordance with section 137A (1).

16 The Statute Law (Miscellaneous Amendments) Act, 2012 S.

137L(2) Delete the expression Attorney-General and substitute therefor the expression "Director of Public Prosecutions.

S.

143 Delete the expression Attorney-General wherever it appears and substitute therefor the expression Director of Public Prosecutions.

S.

161 Delete the expression Attorney-General or the Solicitor-General and substitute therefor the expression "Director of Public Prosecutions.

S.163 Delete the expression Attorney-General wherever it appears and substitute therefor the expression "Director of Public Prosecutions.

S.348A Delete the words Attorney-General and substitute therefor the expression Director of Public Prosecutions.

S.350(2) Delete the expression Attorney-General appearing in paragraph (i) of the proviso and substitute therefor the expression Director of Public Prosecutions.

S.352(3) Delete the expression Attorney-General and substitute therefor the expression Director of Public Prosecutions.

S.352A Delete the expression Attorney-General and substitute therefor the expression Director of Public Prosecutions.

S.379 Delete the expression Attorney-General wherever it appears in subsections (5) and (5A) and substitute therefor the expression Director of Public Prosecutions.

17 The Statute Law (Miscellaneous Amendments) Act, 2012 S.386(1) Delete the expression Attorney-General and substitute therefor the expression Director of Public Prosecutions.

S.387 Delete the expression Attorney-General wherever it appears in subsections (4) and (6) and substitute therefor the expression Director of Public Prosecutions.

S.388 Delete the expression Attorney-General wherever it appears and substitute therefor the expression Director of Public Prosecutions.

The Evidence S.78(1) Delete the expression Attorney-General Act and substitute therefor the expression (Cap.

80).

Director of Public Prosecutions.

The Registration S.18 Delete the expression Attorney-General of Persons Act and substitute therefor the expression (Cap.

107).

Director of Public Prosecutions.

The Armed S.115 Delete the expression Attorney-General Forces Act wherever it occurs in subsections (1) (b) and (Cap.

199).

(2) and substitute therefor the expression Director of Public Prosecutions.

The Kenya S.2 Delete the word Higher appearing in the Literature definition of Minister.

Bureau Act (Cap.

209).

S.3(2) Delete the words in Kenya and substitute therefor the words within and outside Kenya.

S.4(a) Insert the words digital and electronic materials immediately after the words magazines.

18 The Statute Law (Miscellaneous Amendments) Act, 2012 S.4(c) Delete the words throughout Kenya and substitute therefor the words within and outside Kenya.

S.4(d) Delete the words Kenyan authors and substitute therefor the words authors within and outside Kenya.

S.5(5) Delete the word three ordinary meetings and substitute therefor the word four ordinary meetings.

S.5(9) Insert the words in consultation with the State Corporations Advisory Committee immediately after the words the Minister may.

S.7(2)(a) Delete the words two members and substitute therefor the words the chairman and one other member.

The Public S.95(2) Delete the expression Attorney-General Health Act and substitute therefor the expression (Cap.

242).

Director of Public Prosecutions.

The Science and S.

3(1) Insert at the end thereof the words which Technology Act shall be a body corporate with perpetual (Cap.

250).

succession and a common seal and capable, in its corporate name, of suing and being sued, and purchasing, holding and disposing of movable and immovable property and doing all such other things as may legally be done by a body corporate.

19 The Statute Law (Miscellaneous Amendments) Act, 2012 The Medical 9(2) Delete the words publish in the Gazette Practitioners and and substitute therefor the following- Dentists Act (Cap.

253).

publish in the print or electronic media, as approved by the Board, The Kenya Red S.5(1) Insert the following new paragraph Cross Society immediately after paragraph (e) Act (Cap.

256).

(f) to carry out training and certification in areas related to emergency services, pre- and post- hospital care, humanitarian assistance and disaster management.

S.6 Insert the words National and County immediately before the word Governments.

Schedule Renumber the existing items as items numbers 1, 2, 3 and 4 respectively and add the following new items- 5.

Protocol Additional to the Geneva Convention of 12th August, 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol l) of 8th June, 1997; 6.

Protocol Additional to the Geneva Convention of 12th August, 1949, and relating to the Protection of Victims of Non- International Armed Conflicts (Protocol II) of 8th June, 1997.

7.

Protocol Additional to the Geneva Convention of 12th August, 1949, and relating to the Adoption of an Additional Distinctive Emblem (Protocol III) of 8th 20 The Statute Law (Miscellaneous Amendments) Act, 2012 December, 2005.

The Prevention S.23 Delete the expression Attorney-General of Cruelty to and substitute therefor the expression Animals Act Director of Public Prosecutions.

(Cap.

360).

The Animal S.2 Delete the definition of animals and Diseases Act substitute therefor the following (Cap.

364).

animals means mammals, birds, reptiles, bees and life stages of fish, molluscs, crustaceans and amphibians whether originating from aquaculture establishments or removed from the wild and released to the environment, for human consumption or for ornamental purposes.

Delete the definitions of birds and cattle.

S.12(1) Delete the proviso and substitute therefor the following Provided that subject to section 13, compensation for animals slaughtered under this Act shall be paid to the owner as follows (a) where the animal was infected by a notifiable disease, the value before it became so infected; and (b) where the animal was not so infected but was 21 The Statute Law (Miscellaneous Amendments) Act, 2012 suspected of being so infected, the value of the animal immediately before it was slaughtered.

S.20 Delete the expressions six months and five thousand and substitute therefor the expressions twelve months and thirty thousand respectively.

Prevention of S.

25 Delete the expression Attorney-General Fraud and substitute therefor the expression (Investment) Director of Public Prosecutions.

Act, 1997 (No.

1 of 1997).

The Narcotic S.22 Delete the expression Attorney-General Drugs and wherever it occurs in subsection (1) and (2) Psychotropic and substitute therefor the expression Substances Act, Director of Public Prosecutions.

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 reproduction of such recording is used for use of 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 shall not be liable to be sued in liability.

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 89.

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 officers right and substitute therefor the words immigration officers 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 as the Registrar unless such of the 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 voters 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.