Comb The statute laws misc.(amendment) BILL, 2023

SPECIAL ISSUE

Kenya Gazette Supplement No. 68 (Senate Bills No. 15)

REPUBLIC OF KENYA

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KENYA GAZETTE SUPPLEMENT

SENATE BILLS, 2024

NAIROBI, 14th March, 2024

CONTENT

Bill for Introduction into the SenatePAGE The Statute Law (Miscellaneous Amendments) Bill, 2024 .................. 221

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI

THE STATUTE LAW (MISCELLANEOUS

AMENDMENTS) BILL, 2024

A Bill for

AN ACT of Parliament to make minor amendments to statute law; and for connected purposes

ENACTED by the Parliament of Kenya as follows-

1. This Act may be cited as the Statute Law (Miscellaneous Amendments) Act, 2024.

2. The several laws specified in the first column of the Schedule are amended in the provisions respectively specified in the second column, in the manner respectively specified in the third column.

SCHEDULE

| Written law | Provision | Amendment | |-----------------------------------------------------------|-------------------|--------------------------------------------------------------------------------------------------------------| | The Kenya Roads Board Act, 1999 (No. 7 of 1999) | s. 7(1) | Delete paragraph (g). | | | s. 7(1)(h) | Delete the word 'eight' and substitute therefor the word 'five' | | | First Schedule | Delete paragraph 4. | | The unclaimed Financial Assets Act, 2011 (No. 40 of 2011) | s. 28(5) | Insert the words 'or such other person as the claimant may designate' immediately after the word 'claimant'. | | The Statutory Instruments Act, 2013 (No. 23 of 2013) | Heading to Part V | Delete and substitute therefor the following- |

Short title.

Insertion of new section 54A in No. 4 of 2007.

s. 21

'PART V - PURPOSE FOR REVIEW OF STATUTORY INSTRUMENTS'

Repeal.

New. Insert the following new section immediately after section 21-

Saving. 21A. Any statutory instrument that was in operation on or before the 24th January, 2024, and on any day thereafter shall continue to operate and to have effect as if the statutory instrument had not been automatically revoked on that date.

MEMORANDUM OF OBJECTS AND REASONS

The Statute Law (Miscellaneous Amendments) Bill, 2024, 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 the following statutes which were enacted through the Finance Bill, 2023 (No. 4 of 2023) but were declared unconstitutional by the Court for being extraneous to a money Bill-

The Kenya Roads Board Act, 1999 (No. 7 of 1999 )

The Bill seeks to amend section 7(1) and the First Schedule to the Kenya Roads Board Act, 1999, to reduce the membership of the Board and the institutions from which the membership may be nominated from.

The Unclaimed Financial Assets Act, 2011 (No. 40 of 2011)

The Bill seeks to amend section 28 of the Unclaimed Assets Act, 2011, to provide for the appointment of other persons as beneficiaries of a claimant.

The Statutory Instruments Act, 2013 (No. 23 of 2013)

The Bill proposes to amend section 20 and 21 of the Statutory Instruments Act, 2013, to remove the mandatory requirement for the review of subsidiary legislation and the expiration of statutory instruments to align the Statutory Instruments Act, 2013 with the Revision of Laws Act. The Bill also proposes to insert a new section 21A to provide for the saving of statutory instruments affected by the judgment of the High Court in Constitutional Petition E181 of 2023 given on the 28th November, 2023, and the ruling of the Court of Appeal in Civil Application No. E588 of 2023 given on the 26th January, 2024.

Dated the 13th March, 2024.

AARON CHERUIYOT,

Senate Majority Leader.

Section 7 of No. 7 of 1999 which it is intended to amend-

7. Membership of the Board

• (1) The Board shall consist of-

(h) five other members comprising, representatives of each of the organisations specified in the First Schedule and appointed by the Minister from amongst three persons nominated by each of the organisations.

Section 28 of No. 40 of 2011 which it is intended to amend-

(5) Where a claim is allowed, the Authority shall pay over or deliver to the claimant or such other person as the claimant may designate the assets or the amount the Authority actually received or the net proceeds if it has been sold by the Authority.