The Statute Law (Miscellaneous Amendments) Bill, 2024
Status Timeline
Proposed
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Public Review
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Debate
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Executive
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Final
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Kenya Roads Board Membership Restructured
Amends section 7(1) and the First Schedule of the Kenya Roads Board Act, 1999 (No. 7 of 1999) to downsize the board's composition.
- Deletes paragraph (g) of section 7(1).
- Decreases the number of nominated representative members from "eight" to "five" under section 7(1)(h).
- Deletes paragraphs 4, 5, and 6 of the First Schedule to reduce the list of nominating institutions.
Claimants Allowed to Nominate Asset Beneficiaries
Amends section 28(5) of the Unclaimed Financial Assets Act, 2011 (No. 40 of 2011) to add administrative flexibility for approved claims.
- Permits the Unclaimed Financial Assets Authority to pay or deliver recovered assets to the claimant "or such other person as the claimant may designate."
Statutory Instruments Saved from Automatic Expiration
Amends the Statutory Instruments Act, 2013 (No. 23 of 2013) to streamline the lifecycle of subsidiary legislation and align it with the Revision of Laws Act.
- Repeals Section 21 to remove the automatic expiration of statutory instruments.
- Inserts a new Section 21A to save any statutory instrument in operation on or before January 24, 2024, ensuring they continue to have legal effect as if they had not been automatically revoked.
Bill No.
Senate Bills No. 15
Gazette No.
Supplement No. 68
Sponsor
AARON CHERUIYOT
Background
The Statute Law (Miscellaneous Amendments) Bill, 2024 is an omnibus bill designed to make minor amendments to multiple Acts of Parliament. The proposed amendments target provisions that were previously enacted under the Finance Bill, 2023, but were subsequently declared unconstitutional by the courts for being extraneous to a money bill.
Key Amendments
1. The Kenya Roads Board Act, 1999 (No. 7 of 1999)
- Board Reduction: The Bill amends Section 7(1) and the First Schedule to reduce both the overall membership size of the Board and the number of institutions eligible to nominate members.
- Membership Deletions: It deletes Section 7(1)(g) and reduces the nominated members under Section 7(1)(h) from eight to five.
2. The Unclaimed Financial Assets Act, 2011 (No. 40 of 2011)
- Designation of Beneficiaries: The Bill modifies Section 28(5) to authorize the Unclaimed Financial Assets Authority to deliver assets or pay out claims to a third party designated by the claimant, rather than restricting delivery solely to the claimant.
3. The Statutory Instruments Act, 2013 (No. 23 of 2013)
- Repeal of Expiration Rules: The Bill repeals Section 21, removing the requirement for the mandatory review and automatic expiration of subsidiary legislation.
- New Section 21A (Saving Clause): Inserts a retrospective saving provision. This clause ensures that any statutory instrument operating on or before January 24, 2024, remains in force. This addresses issues arising from the High Court judgment in Constitutional Petition E181 of 2023 (issued on November 28, 2023) and the Court of Appeal ruling in Civil Application No. E588 of 2023 (issued on January 26, 2024).
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