Statute Law (Miscellaneous Amendments) Bill, 2023-1

SPECIALISSUE

Kenya Gazette Supplement No.206(National Assembly Bills No.67)

REPUBLICOFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2023

NAIROBI,30th October,2023

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |------------------------------------------------------|--------| | The Statute Law (Miscellaneous Amendments) Bill,2023 | 1797 |

THESTATUTELAW MISCELLANEOUS AMENDMENTS)BILL,2023

A Bill for

AN ACT of Parliament to make various amendments to

statute law

ENACTED by theParliamentofKenya,asfollows-

• 1.This Act may be cited as the Statute Law Short title. (Miscellaneous Amendments) Act,2023.
• 2.The several laws specified in the first column of the Schedule are amended in the provisions specified in the second column thereof,in the manner respectively specified in the third column.

SCHEDULE

Written law Provision The Children's s.186 (4) Act(No.29of 2022

Amendment

Delete

(6) (f)

Delete

The Copyright s.2

Delete thedefinitionof“collective management organizations”and substitute therefor the following new definition-

Act (No.12 of 2001)

"collective management organization" means an organization approved and authorized by the Boardwhich has as its main object,or one ofitsmain objects,the negotiating for the license fees for the use ofcopyrightwork,distributionofroyalties and the granting of licences in respect of the use of copyright works or related rights;

Insert the following new section

immediately after section 30-

Equitable 30AA.(1) Where a sound Remuneration. recording iS publishedfor commercial 1purposes,ora

Amendment of

written laws.

New

• reproduction of such phonograms is used directly for broadcasting or other communication to the public,or is publicly performed,a single equitable remuneration for the performer orperformers and the producer of the sound recording shall be paid by the user to the producer.
• (2) Unless otherwise agreed
• between theperformers and the producer,half of the amount received by the producer under subsection (l) shall be paid by the producer to theperformer or performers.
• (3) The right to an equitable remuneration under this section shall subsist from the date of publication ofthe sound recording until the end of the fiftieth calendar year following theyear ofpublication,provided that the phonogram is still protected under the Act.
• (4) For the purposes of this section,phonograms that have been available to the public by wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them shall be considered to have been published for commercial purposes.
• (5) A performer shall have the unwaivable and
• untransferable rights to receive

(3)

equitable remuneration or royalties in respect of any broadcast,communication to the public,rental or making available to the public of his performance fixed in an audiovisual fixation to be managed through the relevant collective management organization.

• (6) The right to an equitable remuneration under this section shall subsist from the date of publication of the audiovisual performance until the end of the fiftieth calendar year following theyear ofpublication,provided that the audiovisual work or performance is still protected under the Act.

s.30B(1) Insert the word "authors" immediately before the word "performers"

• (2) "authors"

2. Insert the word immediately before the word"performers"

(3) Insert the word "authors" immediately before the word "performers".

s.46(1) Delete and substitute therefor the following new subsection-

No person or association of persons

shall commence or carry on the business as a collective managements organization unlessregistered as such by the Board and granted operating license.

Delete the expression "twelve months" and substitute therefor the expression "thirty-six months".

(4)

S.46A

Insert the words "and is registered as a Collective Management Organization by

the Board"at the end of paragraph (a).

Delete paragraph (d) and 1substitute therefor the following newparagraph-

• (d) its main object,or one of its main objects,is negotiating for the licence fees for the useof copyright works and the granting of licences in respect of the use of copyright works or related rights.

Insert the following new subsections immediately after subsection (12)-

• (13) An organization registered in accordance with subsection (4)(a) may apply to the Board in the prescribed
• manner for an operating licence.
• (14) Where a collective management organization operating licence is revoked, the approved collecting agent shall in conjunction with the Board open and operate anescrow accountto holdmonies not immediately available for utilization or distribution until the operating license is reinstated or a new organization is licensed by the Board.
• (15) During the period of revocation under subsection (14), the agency shall continue to collect and remit royalties to rights holders.

Renumber the existing provision as subsection (1) and insert the following new subsection-

• (2) A licensed collective management organization shall appoint an agency approved by the Board to collect and distribute royalties on their behalf through

2. the National Rights Registry.

S.46B

• (3) The agency appointed under

2. subsection (2) shall collect royalties on such terms and conditions as may be agreed upon between their and the collective Management Organization subject to approval of such terms by the Board.

Insert the following new subsection

immediately after subsection(1)-

• (1A) In addition to the members provided for under subsection (l) there shall be coopted into the board of directors of a collective management organization at least four persons who hold professional qualifications recognized by a professional body established under the relevant law.

Insert the following new subsections

immediately after subsection (4)-

• (5) The members of the board of a collective management organization shall be eligible to such salaries,honorariums, and other allowances as may be approved by members in a general meeting and endorsed by theBoard.
• (6)A person who has been convicted ofan offence under this Act or any law relating to the management of any company or organization or of a felony shall not be eligible to hold office as a director or to be employed as a member of the staff of a collective management organization.
• (7) Where a person who is a member of the board ofa collective management organization or a member of its staff is charged with an offence under this Act or any other law relating to the management

s.46C

s.46E

of any company or organization or of a felony such person shall step aside from his or herposition until the matter is heard and determined.

• (8)A person to whom subsection (7) applies shall during the hearing of the case be entitled to receive half of his or her basic pay and if acquitted of the offence shall be paid the outstanding amount,and maywith the concurrence of themembers of the organization be reinstated to his or
• herrespective position in the Board.
• (9) The payment of royalties by the collective management organization shall be automated and based on monitoring data and conducted in accordance with such conditions as the Board may from time to time prescribe.

Insert the new subparagraph immediately after

following subsection (l)-

• (1A) Notwithstanding subsection (1), the Board may issue a licence for one entity to represent the rightsof all parties
• within a sector.
• (6) Insert the following new paragraph immediately after paragraph
• (g)-
• (h) at any other time when theBoard considers it appropriate to do so in
• the best performanceof its functions under this Act.

following subsections

Insert the immediately after subsection (6)-

• (7) Any member or director of a collective management organization who approves accounts beyond the limits

The Scrap Metal s.2 Act,2015(No.1

of2015).

directed by the Board commits an offence and shall on conviction be liable to a fine not exceeding five times the amount in excess imprisonment for a term not exceeding

oftheallowedamountor three months or to both.

(8)A collective management organization shall only operatebank accounts authorized and monitored by the Board.

Insert the following new definitions in proper alphabetical sequence-

"Authority" means the Kenya Revenue Authority established under section 3 of theKenya Revenue Authority

Act;

"critical national infrastructure" means physical and virtual assets or facilities,whether owned by private or public entities which are essential to the provisionofvital servicesto thepublicfor their social and economic wellbeing,and which if destroyed,degraded or rendered unavailable,would impact on the social or economicwellbeing of thenation oraffect the government's ability to undertake

national defence and security;

"electrical rewinder"means a person who deals in the repair or rewinding of electric motors;

"smelter"means an installation or factory for smelting metal from its ore or means a person engaged in the business of smelting";and

"steel fabricators" means an installation or factory for the production

• s.4(1)

of metal structures using a range of

processes such as cutting, bending or assembling,which generates scrap metal in their processes.

• Insert the following new paragraph

immediately after paragraph (e)-

• (ea) the Principal Secretary of the Ministry for the time being responsible for matters relating tofinance or hisor her representative.

s. 4(1)(f() Delete the word "the" and substitute

therefor the word"a".

s.4(1)(f(v) Delete.

s. 6(1)(a)(ii) Delete the word "utility"and substitute therefor the words"critical national".

s.9(1) Insert the word"a"immediately after the word"of".

s.11 Renumber the provision as subsection (1)and add the following subsections-

• (2)Notwithstanding subsection (1), the Cabinet secretary shall issue a special licence for dealing in copper,aluminium and their alloys.
• (3)An application for a special licence shall be made in accordance with
• section 10.
• s.18(3)(a) Delete the words "one million" and substitutetherefor the words "five million".

Delete the word "five"and substitute

• s.18(3)(b) therefor the word"ten".

Delete the word "one"and substitute

s.20(4) therefor the word"five'".

• s.22(2)

Delete the words "one million"and substitute therefor the word"five million"

s.24

s.24(2)

s.26(1)

• (1) Insert the words"critical national" immediately after the word"the".

Insert the following new sections immediately after section (1)-

• (1A) A state entity responsible for critical national infrastructure shall dispose scrap metal from critical national infrastructure to the Numerical Machining Complex and the Kenya Shipyard Limited for smelting into billets.
• (1B)Where there is inadequate capacity at the Numerical Machining Complex and Kenya Shipyard Limited, the respective state entity through a written consent from the Numerical Machining Complex and the Kenya Shipyard Limited, shall seek approval from the Council to partner with a local smelter directly without involving a broker.

Delete the word "ten"and substitute therefor the word"twenty"

Delete the word "three"and substitute therefor the word "seven".

Insertthewords "or import" immediately after the word"export".

s.26(2) "or

s.26(3)

Insertthewords import" immediately after the word"export"

Insert the words"in consultation with the Authority."immediately after the word"Secretary"

s.26 Insert the following new sub section immediately after sub section (3)-

• (3A) The certificate issued under subsection (3) shall indicate the nature, quantity and consideration for scrap metal

The National 2016).

• s.30(1)(a)

to ensure compliance with the approved limits.

• Insert the words "critical national" immediately after the word"vandalized".

s.30(1)(e)(ii) Insert the words "smelter, electrical rewinder, steel fabricator"immediately after the word"miller"

s.2 Employment Authority Act, 2016 (No.3 of In the definition of"Authority",delete the word"Youth".

• (a) in the opening statement, insert the
• s.4 to";
• words "an employer who employs ten or more employees including immediately after the words "applies
• (b) insert the following new paragraph immediately after paragraph (a)-

(aa) each county government;

• s.9 (c) Delete the word "function"and substitute
• therefor the word"functions"
• s.17(2) (a) Delete paragraph (c) and substitute therefor the following new paragraph-
• (c) hasatleastten years' experience,five ofwhich shall be in a management level.
• (b) Delete paragraph (d).

Delete.

s.28(2)

• Delete the word"youth"and substitute therefor

s.30(1) the word"jobseeker".

• Delete the word"youth"and substitute therefor
• s.30(2) the word"jobseeker"

• s.30(3) Delete the word"youth"and substitute therefor the word"jobseeker".
• s.33(1) Delete the words "private companies" and substitutetherefor the words"prospective employers".
• s.33(3)
• Delete the word"youth"and substitute therefor the word"jobseekers".
• s.34 "through
• Delete the words community initiatives and similar fora"
• s.36(1) (a) Delete the word "students" and substitute therefor the word "trainees".
• (b) Delete the words"or attachment during and"
• s.36(3) Delete the word "student"and substitute therefor the words"trainee".
• s.36(4)
• Deleting the word "students"wherever it appears and substitute therefor the word "trainees".
• s.37 (a) Delete subsection (1) and replace it with the following new subsection-
• (1) The Authority shall encourage private and public institutions to employ Kenyans in all positions, including positions of leadership and management.
• (b)Delete subsection (2) and substitute therefor the following new subsection-
• (2) The Authority shall establish incentives to reward a private institution that employs Kenyans within six months after completing their certificateor undergraduate studies,and who do not possess more than five years'experience.

The Energy 1of2019)

s.42

The Fisheries s.6(1) Management and Development Act,2016(No. 35of2016).

Delete the word "youth"wherever it appears and substitute therefor the word"jobseekers".

Delete paragraph (a) and substitute therefor the following new paragraph-

• (a) the Cabinet Secretary responsible for matters relating to fisheries,who shall be the chairperson.
• s.6(3) Delete.

s.2 Act,2019(No.

New Delete the definition of the term "distribution licence".

Insert the following new definition in

proper alphabetical sequence-

"distribution licence"means a document or instrument authorising a person to distribute energy in the manner described in the document or instrument,in that person's authorised area of supply for the purpose of enabling supply topremises in that area and to also receive bulk supply from another licensee;

Insert the following new immediately after section 6- section

National Energy 6A.The Cabinet Secretary,in Efficiency and Conservation consultation with the relevant Action Plan statutory authorities and stakeholders,shall coordinate the development and implementation of a national energy efficiency and conservation action plan.

Delete the words"with the exception of crude

s.10 oil"appearing in paragraph (a) (i);

Delete paragraph (i) and substitute therefor

the following new paragraph-

• (ii) make proposalstotheCabinet Secretary for purposes of making

• s.12(1)(e)
• Delete.
• s.20(1) Delete the phrase "half of a"appearing in paragraph (a).
• s.20 Delete the word "levies" appearing in the proviso.
• s.26(4) Insert the word"of"immediately after the
• word"terms".
• s.45(1) Delete the words"who shall be the Secretary to the Board"appearing in paragraph (d).
• s.45(1)(e) Delete the word"three"and substitute therefor the word"seven".
• S.45
• Deleteparagraph (f).
• s.76(2) Insert the following new paragraph immediately after paragraph(g)-
• (h) the Managing Director of Kenya Power and Lighting Company PLC orhis or her representative.
• s.82 Delete the word "Authority"and substitute therefor the expression "Renewable Energy Resource Advisory Committee"
• s.98(1)(d) Insert the word "with"immediately after the word"compliance".
• s.100(1)(b) Insert the word"of'immediately after the word "type".
• s.117
• Delete the word "one"and substitute therefor the words"one half ofa".
• s.129(2) Delete the word"threeand substitute therefor the word"four".
• Delete the word "licence"and substitute
• s.149(3) therefor the word"certificate"
• s.154(2) Delete the word "metres"and substitute Proviso therefor the word"meters".

regulations on energy efficiency and conservation.

• s. 166(3) Delete and substitute therefor the following

2. new subsection-

• (3) For the avoidance of doubt,the

4. licensee shall not be liable to any penalty under subsection (l) or to pay compensation under subsection(2) if the failure,poor quality or irregularity of electricity supply was caused by third party interference to the licensee's electricity supply lines, or by inevitable accident or force majeure,or was so slight as not to materially affect the quality orvalue of the supply. 5. s.166(4) Delete and substitute with the following new 6. subsection-

• (4) The Cabinet Secretary may make

8. regulations to give effect to this section subject to the grid attaining the quality and reliability of supply and service as prescribed by the Authority.

• s. 167(1) Delete the expression "(1)".

10. s.167(1) Delete the word "electrician" appearing in paragraph(o)and substitute therefor the words "electrical worker". 11. s.169(2) Delete and substitute therefor the following 12. new subsection-

• (2) Any vessel that is used to convey the vandalised or stolen equipment or appliances referred to in subsection (1) shall be forfeited

14. to the State. 15. s.187 Delete the words"coordinate the development and implementationofa" and substitute therefor the words"develop and implement". 16. Insert the word "Gazette" immediately 17. s.199(1) after the words"by notification in the" 18. s.208(1) Delete the words"on the recommendation of and substitutethereforthewords "in 19. consultation with".

• s.216(1) Delete the word "Consolidated"

The Public s.29(3) Private Partnerships Act,2021 (No. 14of2021).

Insert the word "development" immediately after the words "recoverable project".

• s.48(2) Deletethe word "appraisal" appearing immediately after the word "project"and substitute therefor the word"implementation"
• s.55(4) Delete the words "than an"and substitute therefor the word "the".
• s.73(7) Delete the expression"section 71"wherever it appears and substitute therefor the expression
• "section 72".
• Deletethe word "seven"andsubstitute therefor the word"fourteen"
• Delete paragraph (a) and substitute therefor the followingnewparagraph-
• (a) specify the further functions that may beperformed and powers thatmay be exercised by the Commission pursuant toArticle127(6)(e) and Article 252(1)(d)of the Constitution;
• Insert the following new paragraph immediately afterparagraph(f)-
• (fa) the provision oftechnical, infrastructural and administrative competence to ensure efficient and effective delivery ofservices
• toParliament;
• s.18 Insert the following new sub-sections after subsection (2)-
• (3) The Commission shall review and determine the rates ofreimbursement for travel by motor vehicle for Members,
• s.75(5)

The s.3 Parliamentary Service Act (No.22of 2019).

• s.5

The Judicial New Service Act

(No. 1 of 2011).

in accordance with international best practice;

• (4)The Commission shall review
• and determine therates ofreimbursement of the daily subsistence costs expendedby Members and staff of Parliament in the performance of their duties;

Insert the following new section immediately after section 13-

Review and recommendations onconditions of service

13A.In accordance with the mandate conferred tothe Commission by Articles 172(1)(b)and 252(1)(d)of the Constitution,the Commission shall review and determine the nature of transport facilitation and therates ofreimbursementof the daily subsistence costs

expended by judges,judicial officers and staffof theJudiciary in theperformance of their duties.

MEMORANDUMOFOBJECTSANDREASONS

The Statute Law (Miscellaneous Amendments) Bill,2022 seeks to make various amendments to various statutes. It is in keeping with the practice of making various amendments which do not merit the publication of separate Bills into one Bill. The Bill contains proposed amendments to thefollowing statutes-

The Children's Act.2022 (No.29 of2022)

The Bill proposes to amend the Children's Act,2022 to remove the provisions which prohibit the court from granting a sole male applicant adoptionof a child.

The Copyright Act,2001 (No.12 of2001)

The Bill proposes to amend the Copyright Act, 2001 to make provisions for the equitableremuneration ofperformers and produces of sound recordings and expand the responsibilities of collective management organisations towards the authors and performers.

It is also proposes to bring collective management organisations

under regulation by the Board in order to enhance their efficiency.

TheScrap Metal Act,2015 (No.1of2015)

The Bill proposes to amend the Scrap Metal Act to provide for a special licence for dealing in copper,aluminium and their alloys.This is intended to protect critical infrastructure for instance transformers.The Bill further proposes to restrict the disposal of scrap metal from critical infrastructure to two national entities namely the Numerical Machining Complexand theKenya Shipyard Limited.

The Ministry of Industrialization,Trade and Enterprise Development has alsoproposed the regulation ofimports in addition to exports as well as the enhancement of severalpenalties in theAct to detervandalism and otherprohibited acts.

The National Employment Authority Act,2016 (No.3 of2016)

The Bill proposes to amend the National Employment Authority Act, 2016,to cure inconsistencies in the Act and align it with the National Employment Authority Human Resources policy and procedures Manual.

The Fisheries Management and Development Act,2016 (No.35 of 2016)

The Bill proposes to amend the Fisheries Management and Development Act,2016,to provide that the Cabinet Secretary responsible for matters relating to fisheries shall be the chairperson of the Kenya Fisheries Advisory Council.

The Energy Act,2019 (No.1of2019)

The Bill proposes toamend theEnergyAct,2015 togive effect to the

recommendationsof thePresidential Taskforceon theReview ofPower Purchase Agreements. The proposals include:

• (a) addressing the overlap in functions between the Energy Petroleum Regulatory Authority and the Ministry of Energy;
• (b) including the Kenya Power and Lighting Company in the Membership of the Rural Electrification and Renewable Energy
• Corporation established under the Act;
• (c) winding up the Nuclear Power and Energy Agency and
• transferringits functions to the Ministry and
• (d)subjecting themaking ofregulations to the attainment by the grid of thequality and reliabilityofsupply andserviceprescribed by the Energy and Petroleum Regulatory Authority to allow for compensation of consumers for power outages when the country achievesN-I Grid Reliability status.

The Public Private Partnerships Act,2021 (No.14 of 2021)

The Bill proposes to amend the PublicPrivate Partnerships Act,2021 to correct typographical and cross-referencing errors contained in the Bill, and to align provisions with each other to ensure consistency.

The Parliamentary Service Act,2019 (No.22of2019)

The Bill proposes to amend the Parliamentary Service Act,2019 to specify the nature of the further functions thatmay be performed by the Commission,asprovided for in Article 127(6)(e) and Article 252(1)(d) of the Constitution.

The Judicial Service Act,2011 (No.1 of 2011)

The Bill proposes to amend the Judicial Service Act,2011 to provide for the facilitative mandate of the Commission under Articles 172(1)(b) and 252(1)(d)of theConstitution.

Dated the25th October,2023.

KIMANIICHUNG'WAH, Leader of Majority.

Section186ofNo.29of2022whichit is intended toamend-

186.Who may apply to adopt a child.

• (a) a sole applicant;or
• (b) two spouses jointly
• (2) The Court shall not make an adoption order in any case unless-
• (a) the applicant has attained the age of twenty-five years,but is not above the age of sixty-fiveyears;and
• (b) the applicant,or both of the applicants in a joint application,is more than twenty-oneyears older than the child.
• (3) The restrictions in subsection (2) shall not apply in any case where a sole applicant or one of the joint applicants is the mother,father orrelative of the child.
• (4) The Court shall not make an adoption order in favour of a sole male applicant,unless the applicant is a blood relative of the child.
• (5) The Court shall not make an adoption order in favour of the following persons unless the Court is satisfied on reasons to be stated on the record that there are special circumstances that warrant the making of the adoption order an applicant orjoint applicants who has,orboth have, attained the age ofsixty-fiveyears.
• (6) The Court shall not make an adoption order in favour of an applicant or joint applicants if the applicant orjoint applicants,or any of them-
• (a) is of unsound mind within the meaning of the Mental Health Act (Cap.248);
• (b) is incapable of exercising proper care and guardianship of a child;
• (c)hasbeenconvicted bya Court ofcompetent jurisdictionforany of the offences specified in the Third Schedule or similar offences;
• (d)in the case of joint applicants,if the applicants are not married to each other;
• (e)is a sole male applicant except where the applicant is a biological relative of the child;or
• (f) is a foreign applicant except where the applicant is a biological relativeof thechild.

• (7)Notwithstanding anything contained in this section the Court may at its sole discretion decline to make an adoption order in favour of any person or persons if the Court is of the view that it is not in the best interest of the child tomake the order.
• (8) Subject to the provisions of this section,an application for an adoption order in respect of a child shall be accompanied by written consents of the followingpersons-
• (a) a parent or guardian of the child,or any person who is liable by virtueofany order or agreementto contribute to themaintenance child;
• (b) on the application of one of the spouses, the consent of the other spouse;and
• (c)in the case of a child who has attained the age of ten years,the child himselforherself.
• (9)If the child referred to in subsection (8)(c) has a disability which restricts or impairs the child's ability to independently give his or her consent,the child shall be accorded such assistance,including the assistance of an intermediary,to facilitatehis orherwritten consent.

Section2ofNo.12of2001which it isintended toamend-

collective management organisation means an organisation approved and authorized by the Board which has as its main object,or one of its main objects,the negotiating for the collection and distribution ofroyalties

and the granting of licenses in respect of the use of copyright works or related rights;

Section30Bof No.12 of2001which it is intended to amend-

30B. Collection and payment of royalty

• (1)Subject to the provisions of sections 28 and 30 of this Act,the shall collect royalties on behalf of collective management organizations licensed to represent performers and owners of sound recordings.
• (2) All claims for compensation under this section shall be made through the collective management organizations representative of performers and producers of sound recordings.
• (3) The level of the royalty payable shall be agreed between the collective management organization representative of performers and producers of sound recordings and the organization representative of manufacturers and importers of audio recording equipment, audio blank

tape and media intended forrecording or failing such agreement by the Board.

• (4) The Board shall determine and,by notice in the Gazette,publish the share of the private copying remuneration applicable to the respective rightsholders.

Section46ofNo.12of2001which it is intended toamend-

46. Collective administration of Copyright

• (1) No person or association of persons shall commence or carry on the business of a copyright collective management organisation except under or in accordancewith a certificate ofregistration granted under this

2. section. 3. (2)Applications for registration ascollective management 4. organisationsshall bemade to theBoard accompaniedwith theprescribed fees and the Board,by a Gazette notice is empowered to declare a body which has applied for registration a collecting society,for all relevant copyright owners or for such classes of relevant copyright owners as are specified in the notice. 5. (3) Every certificate issued to a collective management organisation shall be in the prescribed form and shall unless cancelled be valid for a period of twelvemonthsfrom thedateofissue. 6. (3A) Where the collective management organization has not 7. submitted a complete application or where administrative shortfalls are apparent, the Board may issue a provisional license for a period not exceeding sixmonths and suchprovisional license shall be counted aspart of the complete license if the license is subsequently issued.

• (4) The Board may approve a collective management organisation if it is satisfied that-—

9. (a) the body is a company limited by guarantee and incorporated under the Companies Act,2015; 10. (b) it is a non-profit making entity; 11. (c) its rules and regulations contain such other provisions as are prescribed,being provisions necessary to ensure that the interests 12. ofmembers of the collecting society are adequatelyprotected; 13. (d) its principal objectives are the collection and distribution of royalties;and 14. (e) its accounts are regularly audited by independent external 15. auditors elected by the society.

• (5) The Board shall not approve another collective management organisation inrespect of the same class of rights and category ofworks if there exists another collective management organisation that has been licensed and functions to the satisfaction ofitsmembers.

2. (6)TheBoardmay,whereit findsitexpedient,assistinestablishinga 3. collective management organisation for any class of copyright owners.

• (7) Deleted by Act No.20 of 2019,s.30.
• (8) Deleted by Act No.20 of 2019,s.30.
• (9) The Board may by notice in the Gazette and two daily newspapers

7. ofnational circulation de-register a collective management organisation if itssatisfied thatthecollectivemanagement organisation- 8. (a) isnot functioning adequately yas collective management organisation; 9. (b) is not acting in accordance with its Memorandum and Articles of Association orin the best interests ofitsmembers; 10. (c) has altered its rules so that it no longer complies with subsection 4of this section;and 11. (d) it has refused or failed to comply with any of the provisions of 12. thisAct.

• (10) Before deregistering a collective management organization,the Board shall notify the organization in writing and invite it and any of its members to make written representations against deregistration within twenty one daysfrom the date of thenotice.
• (11) If,after consideration of any written representations made in terms of subsection (10),the Board is of the opinion that the failure in question on the part of the organisation is materially prejudicing or has materially prejudiced its members, the Board may withdraw the registration thereof or otherwise sanction members of the Board of Directors or Management of the organization as set out under this Act.
• (12) Any person who purports to collect royalties from users as provided for under thissection without authority of theBoard commits an offence and shall be liable to a fine not exceeding five hundred thousand shillings,or toimprisonment to a termnot exceedingfouryears,orboth.

Section 46A of No.12of2001which it isintended toamend-

46A.Approval for imposition and collection of levy

Notwithstanding any other provision of this Act,no collecting society

shall-

• (a) impose or collect royalty based on a tariff that has not been approved and published in the Gazette by the Cabinet Secretary in
• charge of copyright issues in the Gazette from time to time;or
• notice in the Gazette.

Section46Bof No.12of2001which it isintended toamend-

• 46B. Qualification and tenure of Directors and Chairpersons of
• collective management organizations
• (1) A member of a collective management organization shall be
• eligible for election as a director if heholds a postsecondary qualification recognized in Kenya.
• (2)A director elected under this section shall servefor a term of three
• years and shall be eligible for re-election for one further term.
• (3) A director elected as a chairperson of a collective management organization shall hold office for a term of threeyears and shall be eligible
• forre-election for one further term.
• (4)A chief executive officer of a collectivemanagement organization shall hold office for a term of four years and shall be eligible for reappointment for one further term upon satisfactory performance as evaluated by the directors.

Section46CofNo.12of2001which itis intended toamend-

46C.Role and types of collective management organizations

• (1) Authors,producers,performers,visual artists and publishers may form a collective management organization to collect,manage and distributeroyalties and otherremuneration accruing to theirmembers.
• (2) Any new collective management organization to deal with rights not provided for under subsection (l) may be approved by the Kenya

3. Copyright Board as may be necessary. 4. (3) The designated extent of operation shall be set by Regulations 5. made under this Act.

Section 4of No.1 of 2015which it isproposed to amend-

• 4.Composition of the Council
• (1) The Council shall consist of-
• (a) a chairperson appointed by the Cabinet Secretary who has at least five years'experience in the public or private sector;

• (b) the Principal Secretary of the Ministry for the time being responsibleformattersrelating to transportorrepresentative;
• (c)the Commissioner-General of the Kenya Revenue Authority or a representative;
• (d) theInspector-General of Police or a representative;
• (e) the Principal Secretary of the Ministry for the time being responsible for matters relating to industrialisation or his or her representative;
• (f) the following persons,nominated as follows,and appointed by the Cabinet Secretary-
• one person nominated by the Scrap Metal Dealers Association;
• ii) oneperson nominated by themetal cottage industry;
• (ii) one person nominated by the Kenya Association of
• Manufacturers;
• (iv) one person nominated by large utility companies or agencies in charge of infrastructure,to be appointed on rotational basis;
• one person nominated by the Consumer Federation of Kenya.

Authoritymay determine.

Section 6 ofNo.1 of2015which it is proposed to amend-

6.Functions of the Council

• (1) The functions of the Council shall be to-

2. (a) advice the Cabinet Secretary on- 3. the appropriate measures and mechanisms for regulating the scrap metal industry in ensuring geconomic growth, protection ofpublic health and conformity to the principles of environmental stewardship as required by the Basel Convention; 4. (ii) the appropriate measures and mechanisms for protecting public interest against vandalism,theft tofutility 5. infrastructure and private property;

• (ili) the methods of attracting investors on the utilization of
• excess scrap materials and supporting existing users of scrap metal;
• (iv) the applicable license fees to be prescribed under this Act; and

Section9 of No.1of2015which it isproposed toamend-

9.Restriction from dealing in scrap metal

• (1) A person shall not deal in scrap metal,unless that person has a licence issued by the Council and is a member of Scrap Metal Dealers

2. Association.

Section 11 ofNo.1of2015which it isproposed to amend-

11.Issue of licence

Every licence granted orrenewed under this section shall-

• (a) be issued in the form prescribed in the Third Schedule;
• (b) be valid for one year;
• (c) specify the licensee as the principal or agent to deal in scrap metal;
• (d) specify the location of all the premises in which the licensee is authorized to deal in scrapmetal;
• (e) specify any type of scrap metal the licensee may or may not deal
• in;and
• (f) be subject to such conditions as the Council may consider
• necessary.

Section18ofNo.1of2015whichitisproposedtoamend-

18.Register by licensee

• (3) Any licensee, servant or agent who fails to comply with section

2. commits an offence and is liable on conviction- 3. (a)for a first offence,to a fine not exceeding one million shillings or to imprisonment for a term not exceeding one year,or to both; and 4. (b) for a second or subsequent offence to a fine not exceeding five million shillings or to imprisonment for a term not exceeding 5. threeyears,or to both and such license shall be revoked.

Section20 ofNo.1of2015which it isproposed to amend-

20.Restriction on licensees

• (4) Any licensee who contravenes this section commits an offence and is liable on conviction to a fine not exceeding one million shillings and,where such offence continues after conviction,to a fine not exceeding two thousand shillings for each day in which such offence continues or
• until the license is revoked.

Section22of No.1of2015which it isproposed to amend-

22.Information regarding stolen or lost property

• (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding one million shillings to imprisonmentfor a term notexceeding oneyear or toboth.

Section24 of No.1 of 2015which it is proposed to amend-

24.Destruction of infrastructure

• (1) A person shall not remove, deface or destroy any scrap metal from the infrastructure designed for roads,bridges,railways,pipelines, telecommunication,electricity,water and sewerage,or any government infrastructure project.
• (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding ten million shillings to imprisonmentfor a termnot exceeding threeyears or toboth,

Section26of No.1of2015which it isproposed to amend-

26.Exports of scrap metal

• (1) Aperson shall not export scrap metal in any form.

2. (2)Notwithstanding subsection(1),the Cabinet Secretary for matters relating to finance,in consultation with the Cabinet Secretary responsible for industrialization and with the recommendation of the Council,may, under such cu-cumstances as may be prescribed,authorize the export of specificscrapmetal for aspecifiedperiod. 3. (3)A certificate for each consignment shall be issued by thePrincipal Secretary. 4. (4)Any exemption allowed under this section shall bevalid for six monthsfrom thedate ofissueof thecertificate ofexemption.

• (5) Any person who contravenes this section commits an offence is liable on conviction to a if ne not exceeding ten million shillings or to imprisonmentfora termnotexceedingfiveyearsortoboth.

Section30 ofNo.1 of2015which it isproposed to amend-

30.Power of entry

• (1)An inspector may at any reasonable time,with or without a search
• warrant-
• (a) enter upon and inspect any place, premises or vehicle at,on or in
• which goods that are reasonably suspected of being stolen scrap metal or vandalized infrastructure are to be found and make a record asprovidedin theprescribed form;
• (b) take the steps that may be reasonably necessary to terminate the deal or transaction on vandalized or stolen scrap metal at,on or in
• such place,premises or vehicle,and to prevent the recurrence of any such act in future:

Provided that the actions set out herein shall not include the destruction or alienation of the relevant scrap metal unless

authorize)y an order issued by a court of competent jurisdiction,

• (c) seize, detain,and,where applicable,remove for detention,all the scrap metal found at,on or in such place,premises orvehicle or other modes of conveyance;
• (d) seize detain, and, where applicable, remove for detention, any tools which may be used in processing such scrap metal;
• (i) question that person and take down a statement from that ^ person;
• (ii) demand from thatperson any book,document,article,itemor object which in any way may assist in identifying the location, source or destination of the scrap metal,or the identity and address of any person who may be involved in dealing as a supplier,miller,distributor,exporter or clearing
• and forwarding agent of the scrap metal.

Section2ofNo.3of2016which it isproposed toamend-

2.Interpretation

"Authority" means the National Youth Employment Authority

established by section 6;

Section4ofNo.3of2016which it isproposed to amend-

4.Application of the Act

This Act applies to -

• (a) the national government;
• (b) theprivate sector;and
• (c)the informal sector.

Section 9 of No.3 of 2016which it isproposed to amend-

9.Powers of the Authority

The Authority shall have powers for the purpose of carrying out its functions to perform such acts as may be authorized by this Act or any otherwritten law and in particular-

• (a) advise the Cabinet Secretary on any matter deemed by the Authority to be necessary or expedient to be considered by the State in connection with the provisions of this Act or the application thereof and on any other matter relating to employment which has been referred by the Cabinet Secretary to the Authority for the advice and recommendations of the
• Authority;
• (b) conduct studies on any matter relating to its mandate;
• ()obtain information relevant to the discharge of its function;

Section17 of No.3of 2016which it is proposed to amend-

17.Director-General

• (2) A person shall be qualified to be appointed as a Director-General

2. if that person- 3. (a) holds a degree from a university recognized in Kenya; 4. (b)meets the requirements of Chapter Six of the Constitution; 5. (c) has at least five years'experience, two of which shall be in a management level;and 6. (d) has not attained the age of thirty-five years at the time of appointment.

Section 28 of No.3 of 2016which it is proposed to amend-

28.Information on vacancies

• (2) Whenever a vacancy occurs, the appointing office shall give

2. priority to the job seekers registered by the Authority who possess the qualifications or skills sought.

Section30 of No.3of2016which it is proposed to amend-

30.Applications.

• (1) A youth registered under this Act may apply directly to a

2. prospective employer.

• (2) The Authority may forward applications or details of any and employment of the Kenyans registered under this Act.
• (3) A State entity,public office or State office may request for data of qualified youth from theAuthority for purposes ofconsidering them for employment.

5. (4)A State entity,public office or State office may request for data of 6. qualifiedyouth from the Authority for purposes of considering them for employment.

Section 33 of No.3 of 2016which it is proposed to amend-

33.Authority to undertake due diligence

• (1) The Authority shall,on its own motion,or using other state machineries,undertake due diligence on private companies seeking its
• services under this Act.
• (2) The Authority shall not partner with any prospective employer where the Authority or any national security organ has, upon due diligence,established possible employment malpractices or violation of laws of Kenya.
• (3)Notwithstanding subsection (1) and (2),the Authority shall take necessary measures to ensure that the youth are not denied access to employment unreasonably.

Section34ofNo.3of2016whichit isproposed to amend-

34.Facilitation of training

The Authority shall,through community initiative and similar fora, facilitate training on any matter relating to employment to Kenyans seeking employment.

Section 36 of No.3 of 2016which it is proposed to amend-

36.Placement for internship

• (1) The Authority shall facilitate placement of students at tertiary institutions in positions of internship or attachment during and after completion of their study.

• (2) The Authority shall, during or after successful completion of a person's undergraduate,diploma or certificate studies,make efforts to find paid internship for that person in a Governmentinstitution or any other sector,as the person seeks employment individually or through the Authority.
• (3) A student at a tertiary institution or institution of higher learning whowishestobeplaced oninternshipor attachmentby theAuthorityshall furnish the Authority,in a manner provided by the Authority,with personal and academic details tofacilitate such placement.

3. (4)The Authority shall maintain a record of 4. (a) all students seeking internship or attachment;and 5. (b) all students who successfully attain positions of internship or attachment.

Section37ofNo.3of2016whichit isproposed toamend-

37.Encouragement to employ Kenyans

• (1) The State shall, through the Authority, encourage private and public institutions to employ Kenyans in all positions,including positions ofleadership andmanagement.
• (2) The State shall come up with incentives to reward any private institution that employsKenyanswithin sixmonths ofcompletion of their certificate or undergraduate studies,and who do not possess more than fiveyearswork experience.

Section42 of No.3of 2016which it is proposed to amend-

42.Annual reports

• (2) The report referred to under subsection (1) shall include-

2. (a)number ofyouth registered in the period under review; 3. (b)number ofyouth who have secured employment during the period 4. under review;

Section6of No.35 of 2016which it is proposed to amend-

6.Establishment of the Kenya Fisheries Council

• (1) There ishereby established an advisorybody to beknown as the Kenya Fisheries Advisory Council ("the Council"),which shall consist

2. of- 3. (a) the Cabinet Secretariesresponsible forfisheries;

Section 2of No.1 of 2019 which it is proposed to amend

2.Interpretation

"distribution licence"means any document or instrument authorizing a person to operate a distribution system for the purpose of enabling supply of electrical energy to consumers or to other licensees;

Section10 of No.1 of 2019 which it is proposed to amend-

10.Functions of theAuthority

The functions of the Authority shall be to-

• (a) regulate-
• importation, exportation, transmission, distribution, supply and use of electrical energy with the
• (i) generation, exception of licensing ofnuclear facilities;
• (ii) importation,refining,exportation, transportation, storage and sale ofpetroleum and petroleum products with the exception of crude oil;

Section 12ofNo.1of 2019which it isproposed to amend-

12.Board of the Authority

• (1) The management of the Authority shall vest in the Board of Directors of the Authority consisting of-

2. (a) a Chairperson who shall be appointed by the President; 3. (b) the Principal 4. Secretary responsible for Energy or his representative; 5. Secretary responsible for Petroleum or his 6. (c) the Principal representative; 7. (d) the Principal Secretary in the National Treasury or his or her 8. authorized representative; 9. (e) one County Executive Committee member responsible f or 10. energy and petroleum or his representative nominated by the Council of County Governors; 11. (f) the Director-General;and 12. (g)five other members not being public officers appointed by the Cabinet Secretary.

Section20 ofNo.1of2019which it isproposed to amend-

20.Funds of the Authority

• (1)The funds of the Authority shall consist of-
• (a) levies not exceeding one half of a percent'on the sales of electricity and petroleum products;
• (b) licence fees;
• (c) such monies or assets as may accrue to or vest in the Authority in the course of the exercise ofitspowers or theperformance ofits functions under this Act;
• (d) such monies as may be provided byParliament for the purposes of the Authority;
• (e) any revenues generated from any proprietary interest held by the Authoritywhethermovable orimmovable;
• (f) interest from bank deposits;and
• (g)all monies from any other sourceprovided for or donated or lent to the Authority:

Provided that anymonies collected by theAuthority including levies, fines and penalties in exercise of its functions shall be paid into the Consolidated Fund.

Section26 of No.1 of2019which it is proposed to amend-

26.Members of the Tribunal

• (4) The Chairperson,Vice-Chairperson and members of the Tribunal shall be appointed at different times so that the respective expiry dates of their terms office shall fall at different times.

Section 45 ofNo.1 of2019which it is proposed to amend-

45.Board of the Corporation

• (1) The management of the Corporation shall vest in the Board of Directors of the Corporation which shall consist of-

2. (a) a Chairperson appointed by the President;or his 3. (d) the Chief Executive Officer who shall be the Secretary to the Board; 4. (e) three members appointed by the Cabinet Secretary;and 5. (f) four other members appointed by the Council of County Governors

Section76of No.1of2019whichit isproposed toamend-

76. Establishment of Renewable Energy Resource Advisory Committee

• (2) The Renewable Energy Resource Advisory Committee is

3. composed of- 4. (a) principal secretary in the Ministry of Energy or his or her 5. representative who shall be the Chairperson; 6. (b) chief executive officer of the Corporation or his representative, who shall be theSecretary; 7. managing director of the Geothermal Development Company 8. Limited or his or her representative; 9. (d) managing director of the Kenya Electricity Generating Company 10. Limited or his orherrepresentative; 11. (e)Attorney-General or his or her representative; 12. (f)principal secretary of the National Treasury or his representative; 13. and 14. (g)principal secretaryresponsible formattersrelating toresources or 15. his or herrepresentative

Section82 of No.1 of2019which it isproposed toamend-

82.Renewal and surrender of licence,etc

The Cabinet Secretary may,on the advice of the Authority-

• (a) renew a licence for a term not exceeding five years after the initial expiry or any renewal thereof subject to such terms and conditions as the Cabinet Secretary may consider necessary;
• (b) wholly or partly remit all or any of the terms and conditions contained in any licence where, owing to special circumstances, in his opinion,compliance there with would be impossible or
• great hardship would be inflicted upon the licensee;
• (c) extend time to the licensee for complying with the terms and conditions of any licence upon such terms and conditions as the Cabinet Secretary may consider necessary;or
• (d) accept,whether with a view to renewing or reissuing any licence or otherwise the surrender of any licence or any part of the area comprised therein upon such tern is and conditions as the Cabinet Secretary may consider necessary,but no such surrender shall

affect anyliability incurred by the licensee before the surrender

shall have taken effect.

Section98of No.1of2019whichit isproposed to amend-

98.Factors to be considered in reviewing an application

• (1) The Authority shall,in granting or rejecting an application for a licence or permit,take into consideration-

2. (a) the impact of the undertaking on the social, cultural or recreational life of the community; 3. (b) the need to protect the environment and to conserve the natural resources in accordance with the environmental, health,and maritime laws and international maritime treaties ratified by Kenya and otherguidelines developed by theAuthority; 4. (c) compliance with Occupational Safety and Health Act (No.15 of 2007) or other safety and health standardsrecommended by the Authority in consultation with the relevant statutory body; 5. (d) compliance this Act and the relevant Kenyan Standard and in the absence ofsuchstandard,any international standard recommended by the Authority in consultation with the Kenya Bureau of Standards; 6. (e) land use or the location of the undertaking; 7. (f) economic and financial benefits to the country or area of supply of the undertaking; 8. (g) the cost of the undertaking and financing arrangements; 9. (h) the ability of the applicant to operate in a manner designed to y, protect the health and safety of users of the service for which the licence orpermit isrequired and othermembers of thepublicwho would be affected by the undertaking; 10. (i) the technical and financial capacity of the applicant to render the service for which the licence or permit is required; and 11. (j)any othermatter that the Authority may consider likely to have a bearing on the undertaking.

Section 100 of No.1 of 2019 which it is proposed to amend-

100.Forms and conditions of a licence or permit

• (1) Every licence or permit shall be in such form as the Authority may determine and shall, subject to subsection (2),contain such particulars or conditions where applicable-

• (a) the duration of the licence or permit;
• (b) the type coal or coal products;
• (c) the market area segments;and
• (d) any other matter connected with the carrying on of the undertaking.

Section 117of No.1 of2019which it isproposed to amend-

117.Requirement of a licence

A person who wishes to carry out the generation, exportation,

importation,transmission,distribution andretail supply ofelectricity must apply for a licence as the case maybe to the Authority in accordance with the provisions of this Act:Provided that a person shall not require any authorization to generate electrical energy for own use ofa capacity not exceeding onemegawatt

Section129ofNo.1 of2019which it isproposed to amend-

129.Accounts,records and reports of licensee

• (2) A licensee shall,at his own cost,cause the annual accounts to be examined and audited by independent auditors and submit the audited accounts to the Authority within three months after the end of each financialyear

Section149ofNo.1of2019which itisproposed toamend-

149.Certificates forelectrical workers

• (3)A licence for electrical installation workshall be issued for a term of three years and may berenewed for a similar term upon expiry,subject to the holder satisfying such continuing technical trainings as may be prescribed.

Section154ofNo.1of2019which itisproposed toamend-

154.Metering of supply to consumers

• (2) The retailer shall supply and fix meters upon the premises of the

2. consumer and connect the supply system therewith:

Provided that the licenseemay agree to thevalue of the supply to any

consumer being ascertained by a private metre belonging to the consumer.

Section 166of No.1 of 2019 which it is proposed to amend-

166. Penalties and compensation for failure and defects in

• electricity supply
• (3) For the avoidance of doubt, the licensee shall not be liable to pay compensation under subsection (2) if the failure, poor quality or irregularity of electricity supply was caused by third party interference to the licensee's electricity supply lines or inevitable accident or force majeure was so slight asnot tomaterially affect the quality or value of the supply.
• (4) The Cabinet Secretary shall make regulations to give effect to this section within sixmonths of the coming intoforce of this Act.

Section 167 of No.1 of 2019 which it is proposed to amend-

167.Regulations for electrical energy

• (1) The Cabinet Secretary may upon recommendation of the Authority make such regulations as may be necessary or expedient for the achievement of the objectives and purposes of this Act and in particular, for all or any of the followingpurposes-

2. (o) carrying out electrical installation work by an electrician and an 3. electrical contractor.

Section 169of No.1 of 2019 which it is proposed to amend-

169.Offencesdeemed to be economic crimes

• (2) Anyvessel used to convey thevandalised equipmentor appliance in the attempted vandalism detailed in subsection (1) shall be forfeited to

2. the state.

Section 187of No. 1 of 2019 which it is proposed to amend-

187.Energy Eficiency and Conservation Programme

The Authority shall coordinate the development and implementation

of a prudentnational energy efficiency and conservation programme.

Section 199 of No.1 of2019which it is proposed to amend-

199.Power of County Government to make rules

• (1)A County Government may,by notification in the,make rules for carrying out the provisions of this Act and not inconsistent with the rules andregulations,ifany,madeby theNational Government.

Section 208ofNo.1 of2019which it is proposed to amend-

208. Cabinet Secretary may make regulations generally

• (1) The Cabinet Secretary may,on the recommendation of the Authority and subject to section 167,make regulations for or with respect

to any matter that by this Act is required orpermitted to beprescribed,or that is necessary or expedient to be prescribed for carrying out or giving effect to this Act.

Section29ofNo.14of2021which it isproposed toamend-

29. Success fees and recoverable project development costs

• (3) Success fees and recoverable project costs under subsection (2) shall be payable into the Public Private Partnership Project Facilitation Fund.

Section 48ofNo.14 of2021which it is proposed toamend-

48.Prequalification committees

• (2) The contracting authority may,where it considers it appropriate, constitute the project appraisal team as the prequalification committeefor

2. purpose of prequalifying bidders under subsection (1).

Section55of No.14 of2021which it isproposed toamend-

55.Evaluation of bids and evaluation reports

• (4) The contracting authority shall submit than an evaluation report to the Directorate for no objection within seven days of conclusion of the

2. evaluation.

Section 73 of No.14 of 2021 which it is proposed to amend-

73.Project management

• (7) Where the Directorate determines in accordance with this section and section 71 that there has arisen an imbalance in the distribution of benefits,and for the purpose of promoting the sustained transfer of project-linked economic benefits to the citizens of Kenya,the Directorate shall,in consultation with contracting authority,initiate the amendment or variation of theproject agreement in accordance with section 71.

Section 75 of No. 14 of 2021which it is proposed to amend-

75.Petition Committee

• (5)A petition under this section shall be made within seven days
• from the date of the decision of the Directorate,Committee or a contracting authority.

Section3(a)of No.22of2019whichitisproposed toamend-

3.Object and purpose of the Act

The object and purpose of this Act is to-

• (a) provide for further functions and powers of the Commission pursuant to Articles 127(6)(e) and 252(1)(d) of the Constitution.

Section 18 of No.22of2019which it is proposed to amend-

18.Services and facilities for Parliament

• (1) The Commission shall,to the extent ofits constitutional mandate, beresponsible for fulfilment of the provisions underArticle 127(6)(a) and (d) of the Constitution and in particular shall formulate policies, regulations,strategies and put in place mechanisms for the provision of such services and facilities as necessary for the effective functioning of Parliament and the well-being of Members and the staff of the Commission.
• (2) The Commission shall adopt comprehensive strategic plans that ensure the realization of Article 127 (6) (b) and (d) of the Constitution.