THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) (NO. 2) BILL, 2023

Background

The Statute Law (Miscellaneous Amendments) (No. 2) Bill, 2023 is an omnibus legislative proposal designed to make minor, non-controversial amendments to seventeen Acts of Parliament. The proposed amendments aim to streamline administration, update outdated definitions, revise penalty structures, and align statutory laws with the Constitution of Kenya.

Key Amendments

The Bill proposes amendments across seventeen Acts of Parliament:

1. The Oaths and Statutory Declarations Act (Cap. 15): Replaces "Registrar of the High Court" with "Chief Registrar of the Judiciary" or "Registrar or Deputy Registrar of a superior court or subordinate court" under sections 3 and 12 for the administration of rolls and oaths.
2. The Advocates Act (Cap. 16): Amends section 2 to designate the "Chief Registrar of the Judiciary" as the Registrar and updates section 81(1) to include the admission of advocates in the scope of rules made by the Council of the Law Society with the approval of the Chief Justice.
3. The Notaries Public Act (Cap. 17): Substitutes "Registrar of the High Court" with "Chief Registrar of the Judiciary" for enrolling notaries and issuing certificates under sections 4 and 5.
4. The Civil Procedure Act (Cap. 21): Amends section 81(1)(a) to adjust the composition of the Rules Committee, specifying that it must include three advocates nominated by the Law Society of Kenya.
5. The Public Holidays Act (Cap. 110): Amends the Schedule to delete "Utamaduni Day" as a public holiday.
6. The Trustees (Perpetual Succession) Act (Cap. 164): Replaces references to the "Principal Registrar" and "Cabinet Secretary" with "Registrar" (the Registrar of Companies under the Companies Act, 2015). It introduces Form TR 1 for applications and establishes a new fee structure.
7. The Industrial Training Act (Cap. 237): Amends section 5B(3) to change the training levy remittance deadline from the fifth day to the ninth day of the following month, matching standard PAYE timelines.
8. The Traffic Act (Cap. 403): Amends section 117 to authorize the use of electronic or mobile communication technologies to serve minor traffic notifications and facilitate fine payments.
9. The Sexual Offences Act, 2006 (No. 3 of 2006): Replaces "Registrar of the High Court" with "Chief Registrar of the Judiciary" as the officer responsible for keeping the register of convicted sexual offenders under section 39(13).
10. The Employment Act, 2007 (No. 11 of 2007): Amends section 3(2) to exempt the National Intelligence Service (NIS) from the Act's application, in line with other national security organs.
11. The Veterinary Surgeons and Veterinary Paraprofessionals Act, 2011 (No. 29 of 2011): Redefines key terms such as "animal", "animal resource industry", and "veterinary practice". It also updates section 16(5) regarding temporary registration processes for foreign veterinary surgeons.
12. The Public Finance Management Act, 2012 (No. 18 of 2012): Deletes sections 40(3) and 40(4) to correct inconsistencies regarding the submission of legislative proposals and the Finance Bill to the National Assembly.
13. The Universities Act, 2012 (No. 42 of 2012): Amends section 25 to restrict the declaration of technical universities to public institutions that were previously national polytechnics or possess the requisite physical facilities and capacity. It also amends section 56(1)(a) to make the Placement Board responsible for coordinating the placement of all students, rather than only government-sponsored students, in universities and colleges.
14. The Office of the Attorney-General Act, 2012 (No. 49 of 2012): Removes the requirement for the Attorney-General to consult with the Public Service Commission (PSC) on appointing Deputy Solicitors-General and State Counsel, protecting the office's independent role.
15. The Civil Aviation Act, 2013 (No. 21 of 2013): Amends section 2(1) to include aviation information circulars for aviation metrology within the definition of "publication", and extends the annual report submission window under section 34 from three to six months after the end of the financial year.
16. The Value Added Tax Act, 2013 (No. 35 of 2013): Exempts the supply of gas meters (tariff number 9028.10.00) from VAT (First Schedule) and zero-rates the supply of denatured ethanol (tariff number 2207.20.00) (Second Schedule).
17. The Privatization Act, 2023 (No. 11 of 2023): Deletes section 9(f) to resolve inconsistencies regarding the respective powers of the Privatization Authority and the Cabinet Secretary.

New Obligations

• Trust Registration Requirements: Trustees registering a trust under the Trustees (Perpetual Succession) Act must complete Form TR 1. This form requires detailed trust constitution details, registered office address, contact information, the initial capitalization of assets, and KYC details (including PINs, ID/passport copies, and passport-sized photographs) of settlors, first trustees, or enforcers.
• Levy Deadlines: Employers paying the industrial training levy under the Industrial Training Act must now remit the payment to the Commissioner-General by the ninth day of the month following the month in which the levy becomes due.
• Trust Fees: Registration of a trust is subject to a new statutory fee of KSh 10,000, and register inspections are charged at KSh 500.

Penalties

• Minor Traffic Offences: The Bill significantly raises the ceiling for minor traffic offence penalties under section 117 of the Traffic Act:
  • For a first-time conviction under notification, the fine is capped at a maximum of KSh 200,000 (previously two hundred shillings).
  • For any subsequent conviction, the fine is capped at a maximum of KSh 500,000 (previously five hundred shillings).