The National Cohesion and Integration (Amendment) Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Conflict of Interest Rules and KSh 3 Million Fines
The Bill inserts Section 37A to prohibit Commission members and staff from transacting business or trading with the Commission. Members with a personal or fiduciary interest in any matter before the Commission must declare it and recuse themselves. Violators face:
- A fine of up to KSh 3 million;
- Imprisonment for up to seven years; or
- Both.
Commission Empowered to Issue Seven-Day Prohibition Notices
Under the new Section 58A, the Commission receives the authority to issue a prohibition notice directing any person or entity to cease actions or conduct contrary to national cohesion, integration, and peace-building within seven days.
KSh 1 Million General Penalty for Act Violations
The Bill introduces a general penalty under Section 70A. Any person who commits an offense under the Act for which no specific penalty is provided will face:
- A fine of up to KSh 1 million;
- Imprisonment for up to one year; or
- Both.
Strict Standards for Appointing and Removing the Secretary
The amendment to Section 20 sets clear qualification criteria for the Commission's Secretary, requiring them to be a Kenyan citizen, hold a degree from a recognized university, have at least five years of management experience, and satisfy Chapter Six of the Constitution. Section 20A establishes formal grounds for removal, including gross misconduct, physical/mental infirmity, or incompetence.
Bill No.
No. 46 of 2025
Gazette No.
Supplement No. 168 of 2025
Sponsor
Adan Haji Yussuf
Background
The National Cohesion and Integration (Amendment) Bill, 2025 seeks to amend the National Cohesion and Integration Act (Cap. 7N). The amendment expands the Act's scope, establishes qualifications and removal procedures for the Secretary, introduces strict conflict of interest clauses, empowers the Commission to use alternative dispute resolution (ADR), and structures the guidelines for inquiries and investigations.
Key Amendments
- Objects of the Act (Section 2A): Formally aligns the Act with Articles 10, 27, and 232 of the Constitution, focusing on national unity, non-discrimination, and public service values.
- Alternative Dispute Resolution (Section 53A): Authorizes the Commission to manage and resolve conflicts using ad hoc or standing peace committees, mediation committees, and traditional justice mechanisms.
- Reporting Requirements (Section 41A): Obligates the Commission to submit quarterly reports to the National Assembly detailing its activities, complaints received, recommendations made, and any impediments to its operations.
- Inquiry Procedures (Sections 60A, 61, 61A, 61B): Mandates prior notice to investigation subjects, ensures hearings are open to the public (unless justified otherwise), requires written notification to complainants within 30 days if a complaint is discontinued, and guarantees an opportunity to be heard for persons whose reputation may be prejudiced.
New Obligations
- Declaration of Interest: Members and staff must disclose personal or fiduciary interests in matters before the Commission and recuse themselves from deliberations.
- Prohibition Compliance: Persons or entities receiving a prohibition notice from the Commission must cease actions contrary to national cohesion within seven days.
- Staff Liability (Section 64A): Commission staff members are held personally liable if they direct, allow, or cause actions under their supervision that contravene the Act.
Penalties
- Conflict of Interest Violation (Section 37A): Transacting business with the Commission or failing to declare a conflict of interest is an offense attracting a fine of up to KSh 3 million, imprisonment for up to seven years, or both.
- General Penalty (Section 70A): Any offense under the Act where no specific penalty is provided is liable to a fine of up to KSh 1 million, imprisonment for up to one year, or both.
Gazettement
The National Cohesion and Integration (Amendment) Bill, 2025 was published in Kenya Gazette No. 168.