The Statute Law (Miscellaneous Amendments) Bill, 2023

Background

The Statute Law (Miscellaneous Amendments) Bill, 2023 is an omnibus bill that proposes minor, non-substantial amendments to various statutes to maintain consistency, remove inconsistencies, and align various acts of Parliament with national policies and judicial directives.

Key Amendments

The Children's Act, 2022 (No. 29 of 2022)

• Amends Section 186 to delete restrictions that prohibited the court from granting adoption orders to sole male applicants.

The Copyright Act, 2001 (No. 12 of 2001)

• Redefines "collective management organization" (CMO).
• Inserts Section 30AA, establishing an unwaivable and untransferable right to equitable remuneration for performers and producers of sound recordings and commercial audiovisual works.
• Extends the validity of CMO licenses from 12 months to 36 months.
• Requires the Board to co-opt at least four professionals with established qualifications into a CMO's board of directors.

The Scrap Metal Act, 2015 (No. 1 of 2015)

• Adds definitions for "critical national infrastructure", "smelter", "steel fabricators", and "electrical rewinder".
• Requires state entities responsible for critical national infrastructure to dispose of scrap metal directly to the Numerical Machining Complex and Kenya Shipyard Limited.
• Requires cabinet consultations before issuing special licenses to deal in copper, aluminium, and their alloys.

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

• Extends applicability to county governments and private employers with ten or more employees.
• Replaces the term "youth" with "jobseeker" or "trainee" across multiple provisions.
• Requires the State to formulate incentives to reward private institutions that employ Kenyans within six months of completing their tertiary or undergraduate studies.

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

• Designates the Cabinet Secretary responsible for fisheries as the chairperson of the Kenya Fisheries Advisory Council.

The Energy Act, 2019 (No. 1 of 2019)

• Inserts Section 6A, mandating the Cabinet Secretary to coordinate the development and implementation of a national energy efficiency and conservation action plan.
• Amends the Board of the Authority and Board of the Corporation memberships.

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

• Corrects cross-referencing and typographical errors in Sections 29, 48, 55, 73, and 75.

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

• Empowers the Commission to set travel and subsistence reimbursement rates for Members and staff of Parliament.

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

• Inserts Section 13A, authorizing the Commission to review and determine transport facilitation and subsistence rates for judges, judicial officers, and judicial staff.

New Obligations

• Copyright Compliance: CMOs must open and operate an escrow account in conjunction with the Board to hold undistributed royalties in the event that their operating license is revoked. They must also only operate bank accounts authorized and monitored by the Board.
• Energy Audits: Electricity licensees must, at their own cost, submit annual audited accounts to the Authority within three months after the end of each financial year.
• Scrap Metal Records: Licensees are required to maintain a precise register of dealings, subject to inspections at any reasonable time by an inspector.

Penalties

• Vandalism & Infrastructure Damage (Scrap Metal Act):
  • First-offence registration failure fines increased to KSh 5 million (up from KSh 1 million) or imprisonment for up to one year.
  • Subsequent offences carry fines up to KSh 10 million (up from KSh 5 million) or up to three years' imprisonment.
  • Illegal scrap metal exports carry a penalty of up to KSh 10 million or imprisonment up to five years.
• CMO Accounts Contravention (Copyright Act):
  • Any member or director of a CMO who approves accounts beyond limits directed by the Board commits an offence and is liable to a fine not exceeding five times the amount in excess, or three months' imprisonment.
• Vessel Forfeiture (Energy Act):
  • Any vessel used to transport stolen or vandalized energy equipment shall be forfeited to the State.