The Statute Law Miscellaneous Amendments Act No 20off 2020 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING LIBRARY SPECIAL ISSUE Kenya Gazette Supplement No.

230 (Acts No.

20) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2020 NAIROBI, 11th December, 2020 CONTENT Act PAGE The Statute Law (Miscellaneous Amendments) Act, 2020 213 NATIONAL COUNCIL FOR LAW REPORTING RECEIVED 13 JAN 2021 P.

O.

Box 10443 00100, NAIROBI, KENYA TEL: 2719231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 213 THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) ACT, 2020 No.

20 of 2020 Date of Assent: II th December, 2020 Date of Commencement: See Section AN ACT of Parliament to make various amendments to statute law ENACTED by the Parliament of Kenya, as follows- 1.

This Act may be cited as the Statute Law Short title.

(Miscellaneous Amendments) Act, 2020 and shall come in force upon assent.

2.

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

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

SCHEDULE Written law Provision Amendment s.

3 Interpretation and Delete the definition of "armed General Provisions forces" and substitute therefor the Act following (Cap.

2) "Kenya Defence Forces has the No.

25 of 2012.

meaning assigned to it under the Kenya Defence Forces Act, 2012.

Delete the proviso to the definition of "the Cabinet Secretary" and substitute therefor the following new proviso "Provided that where there is no Cabinet Secretary assigned the responsibility for matters relating to the legal sector, the Attorney-General shall be responsible for the matter in question." s.

(2) (1) The Records Insert the words "Employment and Disposal Act Labour Relations Court, Environment (Cap.

14) and Land Court", immediately after the words "High Court".

214 Statute Law (Miscellaneous Amendments) No.

20 2020 The Penal Code s.

52 (3) (b) Delete the words "Commissioner of (Cap.

63) Police" and substitute therefor the word "Inspector-General".

The Public Holidays s.

3 Delete the word "Minister" and Act substitute therefor the expression (Cap.

109) "Cabinet Secretary".

Delete the word "district" and substitute therefor the word "sub- county".

Schedule Delete the expression "Moi Day" and substitute therefor the expression "Utamaduni Day".

The Firearms Act s.

2 Delete the expression "Commissioner (Cap.

114) of Police" appearing in the definition of the expression "approved carrier" and substitute therefor the expression "Inspector-General".

Insert the following new definition in proper alphabetical sequence "Inspector-General" means the Inspector-General of Police appointed under Article 245(2) of the Constitution.

s.

27 (8) Delete the expression "Commissioner of Police" and substitute therefor the expression "Inspector General".

s, 29 (3) Delete the expression "Commissioner of Police" and substitute therefor the expression "Inspector-General".

s.

38 (1) Delete the expression "Commissioner of Police" and substitute therefor the expression "Inspector-General".

215 2020 Statute Law (Miscellaneous Amendments) No.

20 s.

38 (2) Delete the expression "Commissioner of Police" and substitute therefor the expression "Inspector-General".

s.

38 (3) Delete the expression "Commissioner of Police" and substitute therefor the expression "Inspector-General".

s.

38 (4) Delete the expression "Commissioner of Police" and substitute therefor the expression "Inspector-General".

s.

39 (2) Delete the expression "Commissioner of Police" and substitute therefor the expression "Inspector-General".

The Official Secrets s.

2 (1) Delete the words "of the first class" in Act the definition of "court".

(Cap.

187) Insert the following new definitions in proper alphabetical sequence "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to internal security"; "data" means information recorded in a format in which it can be processed by equipment operating automatically in response to instructions given for that purpose, and includes representations of facts, information and concepts held in any removable storage medium; "telecommunication apparatus" means apparatus constructed or adapted for use in transmitting anything which is transmissible by a telecommunication system or in conveying anything which is transmitted through such a system; Delete the definition of "telegraph apparatus".

216 No.

20 ta tit icLaw (Miscellaneous Amendments) 2020 s, 6 Delete and substitute therefor the following new section-- Production of 6.

( 1 ) Where it data.

appears to the Cabinet Secretary that it is in national interest to do so, the Cabinet Secretary may, apply to the High Court for an order, requiring any person who owns or controls any telecommunications apparatus used for the sending or receipt of any data to or from any place outside Kenya, to produce to the Cabinet Secretary or any person named in the order, the original or transcripts of all such data and all other documents relating to such data.

(2) Any person who fails to comply with a request made under subsection (1) shall be guilty of an offence and liable to a fine not exceeding one mill ion shillings or to imprisonment for a term not exceeding one year, or to both.

s.

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

s.

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

217 2020 Statute Law (Miscellaneous Amendments) No.

20 s.

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

The Kenya Roads s.7(1)(b) Delete the words "Executive Board Act, 1999 Director" and substitute therefor the (No.

7 of 1999) words "Director General".

s.12 Delete the words "Executive Director" wherever it appears and substitute therefor the words "Director General".

Insert the following new subsection immediately after subsection (3) "(4) The Director General shall hold office for a period of five years and shall be eligible for re appointment for one further term of five years." s.26(1) Delete the words "Executive Director" and substitute therefor the words "Director General".

s.28 Delete the words "Executive Director" and substitute therefor the words "Director General".

s.29 Delete the words "Executive Director" and substitute therefor the words "Director General".

Second Delete subparagraph (1) and substitute Schedule, therefor the following new paragraph 3 subparagraph "(1) The Board shall meet not less than four times in every financial year and not more than four months shall elapse between the date of one meeting and the date of the next meeting, at such place or places in Kenya and at such time or times as the chairman may determine." 218 No.

20 Statute Law (Miscellaneous Amendments) 2020 paragraph 5(1)Delete "Executive the words Director" and substitute therefor the words "Director-General".

s.

23 The Statistics Delete subsections (3) and (4) and Act, 2006 (No.

4 substitute therefor the following new of 2006) subsections "(3) The Director-General may, with the approval of the Board, cause any official statistical data collected, analysed and disseminated by the Bureau to be cancelled, revised or adjusted where such data is found not to be accurate: Provided that where such data relates to the size of the population, the Board shall inform the Cabinet Secretary accordingly and the Cabinet Secretary shall seek the approval of the full Cabinet to make the desired cancellation, revision or adjustment.

"(4) The Cabinet Secretary shall, within fourteen days of receiving approval under subsection (3), publish the official data which is cancelled, revised or adjusted, in the Gazette." The Employment s.

2 Delete the definition of the Act, 2007 expressions "employee contribution", (No.

11 of 2007) and "National Housing Development Fund".

s.

3 (2) Delete paragraph (a) and substitute therefor the following new paragraph "(a) the Kenya Defence Forces or the reserve as respectively defined in the Kenya Defence Forces Act, 2012." Insert the following new paragraph immediately after paragraph (b) "(ba) the Kenya Coast Guard Service." 219 2020 Statute Law (Miscellaneous Amendments) No.

20 s.

31A Delete.

The Accountants s.

4 (2) Insert the following new paragraph Act, 2008 immediately after paragraph (c) (No.

15 of 2008) "(ca) trainee accountant members being (i) persons registered under section 17(2A) by the Examinations Board and who are undertaking professional accountancy education or training; and practising (ii) persons accountancy as part of the initial professional development towards qualification as an accountant." s.

4 Insert the following new subsection immediately after subsection (4) "(5) Membership of the Institute under subsection (2) (ca) shall be for such period as the Cabinet Secretary may prescribe, after which the member shall apply for membership under paragraph (b) or (c) of that section." s.

17(2A) Delete and substitute therefor the following new subsection "(2A).

A person seeking to undertake examinations in accountancy as prescribed by the Examination Board shall be registered with the Board, and with the Institute as a trainee accountant: Provided that the person shall not be required to pay the Institute any fee for the registration as a 220 2020 Statute Law (Miscellaneous Amendments) No.

20 trainee accountant, if the person is not employed." Delete the words "two years" and The Judicial s.

7 substitute therefor the words "one year".

Service Act, 2011 (No.

1 of 2011) s.11(2) Delete paragraph (ii).

The Kenya National Commission on Human Rights Act, 2011 (No.14 of 2011) Delete paragraph (iii) and substitute therefor the following new paragraph "(iii) the Office of the Attorney- General." Insert the following new paragraph The Employment s.

27 and Labour immediately after paragraph (c) Relations Court "(ca) delegating judicial, quasi- Act, 2011 judicial and non-judicial duties to the Registrar." (No.

20 of 2011) Insert the words "including proceedings The Ethics and s.

11(1)(j) Anti-Corruption for the recovery of property or proceeds Commission Act, of corruption located outside Kenya" immediately after the word "measures".

2011 (No.

22 of 2011) s.

10 (2) The National Delete the word "concerned".

Police Service Commission Act, 2011 (No.

30 of 2011) s.

8(1) The Public Delete the word "fourteen" and Appointments substitute therefor the word "twenty- eight".

(Parliamentary Approval) Act, 2011 (No.

33 of 2011) s.

24 Insert the following new subsections The Universities Act, 2012 (No.

42 of immediately after subsection 2 2012) "(3) Despite subsection (1), the 221 2020 Statute Law (Miscellaneous Amendments) No.

20 President may, on the recommendation of the Commission through the Cabinet Secretary, and on the advice of the National Security Council, establish a specialized degree awarding institution specializing in national security issues.

(4) The provisions of Part V of this Act shall apply to an institution established under this section with such modifications as may, with the approval of the Cabinet Secretary and the Commission, be specified in the respective Charter.

(5) A Charter granted to an institution established under this section shall stipulate the conditions under which the institution shall operate, and a clearly defined mandate with regard to specified academic programmes." s.

8 (1) (b) Delete and substitute therefor the The Kenya Law Reform Commission following new paragraph Act, 2013 (b) one member appointed by the Attorney-General through an open (No.

19 of 2013) and competitive process.

s.8(1)(c) Delete and substitute therefor the following new paragraph (c) a representative of the Law Society of Kenya who shall be an advocate of the High Court of Kenya.

s.

8 (3) Delete and substitute therefor the following new subsection "(3) the representatives of the Attorney-General, the Director of Public Prosecutions and the Chief Justice appointed under sub-section (1) (ca), (d) and (e) respectively shall be ex-officio members of the Commission." s.

9 (2) Insert the words "other than an ex- 222 Statute Law (Miscellaneous Amendments) No.

20 2020 officio member" immediately after the word "Commission".

s.12 (2) Insert the words "other than an ex officio member" immediately after the word "Commission".

The Investment and s.

18(1 )(e) Delete the word "public".

Financial Analysts Act, 2015 (No.

13 of 2015) Delete the phrase "a securities and investment" and substituting therefor the phrase "investment (including securities) and financial".

s.

20 Insert the following new subsections immediately after subsection (1) "(1A) A person shall not become a Chief Investment Officer, or head of an investment department or function in a firm investing public funds, or a firm in the practice of investment and financial analysis, unless the person is registered as a certified investment and financial analyst and holds a practising certificate and an annual licence issued by the Registration Committee." "(1B) A person shall not perform verification, certification and advice of investment of funds in public entity, or a firm in the practice of investment and financial analysis, unless the person is registered as a certified investment and financial analyst and holds a practising certificate and an annual licence issued by the Registration Committee.

"(1C) A person shall not verify investment returns declared by a firm investing public funds, or a firm in the practice of investment and financial analysis, unless the person is registered as a certified investment and financial analyst and holds a practising 223 ; Amendments) 2020 Statute Law (Misceilaneou, No.

20 certificate and an annual 1 iPence issued by the Registration Committee".

Insert the following new subsection s.

32 immediately after subsection (a)--- "(aa) money appropriated by the National Assembly." Insert the following new subsection s.

34 immediately after subsection (4) "(4A) The accounts of the Institute relating to monies appropriated by the National Assembly shall be audited in accordance with the Public Audit Act, 2015." s.

3J Delete subsection (4).

The Witness Protection Act, 2016 (No.

16 of 2016) s.

3K (2) Delete the expression "No.

12 of 2003" and substitute therefor the expression "No.

34 of 2015".

s.

3K (2) Insert the following new subsection immediately after subsection (3) "(4) The legislative and regulatory provisions on classified procurement and disposal of assets shall apply mutatis mutandis to the Agency." The Kenya Coast s.

2 Insert the following new definition in Guard Service Act, proper alphabetical sequence 2018 (No.

11 of 2018) "para-military organizations" includes the Kenya Wildlife Service and the Kenya Forest Service.

s.

6 (2) (a) Insert the words "para-military organizations" immediately after the words "national security organs".

))4 No.

20 Statute Lai ( Misrellaneou.s.

Amendments) 2020 s.

7 Insert the following new subsection immediately after subsection (3)- "(3A) The Cabinet Secretary may by notice in the Gazette and with the approval of the Council, amend the ranks specified in the First Schedule.- s.

13 (2) Insert the following new paragraphs immediately after paragraph (f)-- "(fa)the Principal Secretary in the Ministry responsible for matters relating to immigration and citizenship; (f1)) the Principal Secretary in the Ministry responsible for matters relating to shipping and maritime affairs; (fc) the Director-General of the Kenya Fisheries Services; (fd) the Director-General of the Kenya Wildlife Service." s.

14 (2) insert the words "report to the Council and" immediately after the words "the Technical Committee shall".

Delete the expression "Chief Warrant Part II of the First Officer Grade I" and substitute therefor the expression "Warrant Officer I".

Schedule Delete the expression "Chief Warrant Officer Grade II" and substitute therefor the expression "Warrant Officer II".

Delete the expression "Senior Warrant Officer" and substitute therefor the expression "Senior Sergeant".

.