The County Licensing (Uniform Procedures) Bill, 2022
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Online Application Systems Within Three Years
Clause 7(2) requires licensing authorities to establish electronic mechanisms within three years of commencement to process applications for the grant, renewal, transfer, or variation of licences.
Automatic License Approval After 28 Days
Under Clause 13, if a licensing authority fails to determine an application within 28 days, the license is deemed allowed, excluding periods spent waiting for further information requested under Clause 9.
Public Online License Registers Mandated
Clause 23 obligates licensing authorities to keep a register of all licenses, detailing entity types and status, and ensure the register is accessible to the public online.
Up to KSh 1 Million Fine for Violations
Clause 27 introduces a general penalty for any contravention of the Act, rendering offenders liable on conviction to a fine not exceeding KSh 1 million, imprisonment up to six months, or both.
Bill No.
Bill No. 9 of 2022
Gazette No.
Supplement No. 196 of 2022
Background
The County Licensing (Uniform Procedures) Bill, 2022 seeks to establish a standardized, transparent, and uniform licensing framework across all county governments in Kenya. By simplifying the application process, the bill aims to reduce the regulatory burden on businesses, protect consumers, and ensure fair and cost-effective administration of licensing schemes across different counties.
Key Amendments
- Standardized Licensing Procedures: Establishes a uniform process for applying for, granting, renewing, transferring, and replacing county business licenses (Clause 7).
- Single Application Process: Mandates county governments to prescribe procedures for a single application process for multiple licensing needs within the same sector (Clause 8).
- Automatic Deemed Approval: Under Clause 13, if an authority does not decide on an application within 28 days, it is deemed approved.
New Obligations
- Electronic Portals: Licensing authorities must establish electronic licensing portals within three years of the Act's commencement (Clause 7(2)).
- Public Registers: Authorities must maintain up-to-date licensing registers and make them accessible online to the general public (Clause 23).
- Notification of Changes: Licensees are obligated to notify the licensing authority of any changes in directors, shareholding, name, or registered address within 14 days of the change (Clause 22).
- Regulatory Impact Assessments: Before varying licensing fee conditions, authorities must conduct public participation and a cost-benefit regulatory impact assessment (Clause 10).
Penalties
- General Penalty: Any person who contravenes the provisions of the Act is liable on conviction to a fine not exceeding KSh 1 million, a prison term not exceeding six months, or both (Clause 27).
- Recovery of Fees: Unpaid licensing fees are legally recoverable by the county government as civil debts in courts of competent jurisdiction (Clause 26).
Transitional Provisions
- Commencement: The Act shall come into operation six months after receiving presidential assent (Clause 1).
- System Integration: Counties have a three-year transitional window from commencement to implement functional electronic systems for license applications and processing (Clause 7(2)).
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Updates will be visible here once they are approved and applied to this bill.