The County Hall of Fame Bill, 2023

Background

The County Hall of Fame Bill, 2023 (Senate Bills No. 18 of 2023) was sponsored by Senator Miraj Abdillahi Abdulrahman and published on 12th May, 2023 in Kenya Gazette Supplement No. 65. The Bill seeks to give effect to Paragraph 4(h) of Part 2 of the Fourth Schedule to the Constitution of Kenya, which devolves cultural activities, public entertainment, and public amenities to county governments, by providing a localized framework to honor exceptional citizens.

During its review of the Bill, the Senate Standing Committee on Labour and Social Welfare observed that most matters covered under the Bill are already addressed under national statutes, specifically the Kenya Heroes Act, 2014 and the National Honours Act, 2013. Consequently, the Committee recommended that the House do not proceed with the Bill, suggesting instead that the sponsor propose amendments to the existing national laws.

New Obligations

The Bill establishes several administrative obligations for counties choosing to implement the framework:

• Site Designation: Under Section 5, the County Governor is responsible for erecting a County Hall of Fame site or designating an appropriate permanent public building for this purpose.
• Administration of Nominations: The newly established Selection Committee must meet at least twice a year to receive, consider, and recommend individuals or bodies (units, associations, or corporations) to the Governor for induction.
• Public Engagement: Under Section 14, the Selection Committee must publish nominee details and receive public feedback before forwarding recommendations. It cannot make a recommendation without hearing and considering public views.
• Record Keeping: Under Section 15, the Selection Committee must maintain two registers available for public inspection: a county hall of fame register (containing the names of all inductees) and an artifact register (documenting all preserved historical items and artifacts).
• Donation Oversight: Under Section 18, the Selection Committee may only accept historical items or artifacts for preservation after consulting with and obtaining the approval of the CEC member in charge of culture.

Penalties

To preserve the integrity of county honors, Section 20 introduces explicit criminal penalties:

• Offences: It is an offence to falsely claim induction, or to solicit, receive, give, or offer any benefit as an inducement or reward for securing an induction.
• Punishment: Conviction carries a fine not exceeding KSh 1 million, imprisonment for a term not exceeding two years, or both.
• Revocation and Suspension: Under Section 16, the Governor may suspend or revoke an induction if the inductee engages in inconsistent conduct, if the induction was based on false information, or if the inductee is convicted of an offence and sentenced to imprisonment exceeding six months.