The Privatisation Bill, 2023

24 May 2023 domainNational Assembly No. 22 of 2023 Gazette: Supplement No. 76 of 2023
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Status Timeline

Proposed

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Public Review

Pending

Debate

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Executive

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Final

Pending

1

Establishment of the Privatisation Authority

Establishes the Privatisation Authority (Section 8) as a body corporate responsible for advising the government on privatisation, facilitating policy implementation, and executing specific privatisation proposals in accordance with the approved programme.

2

60-Day Parliamentary Ratification Window

Under Section 21, the Cabinet Secretary must submit any approved privatisation programme to Parliament for ratification. Parliament is required to make a decision within sixty (60) days of receipt, failing which the programme is deemed ratified after ninety (90) days.

3

Three Approved Methods of Privatisation

Restricts the methods of privatisation (Section 28) to:

  • Initial Public Offering (IPO) of shares;
  • Sale of shares by public tender; and
  • Sale resulting from the exercise of pre-emptive rights.

Any other method must be determined by the Board and approved by the Cabinet Secretary.

4

KSh 5 Million Penalty for Falsifying Valuation Info

Under Section 63, any person who falsifies material information, provides false or misleading valuation details, or inappropriately discloses insider information commits an offence. Upon conviction, they face a fine of up to KSh 5 million, imprisonment for up to two years, and payment of an equivalent amount of the gain made or loss incurred.

5

Dispute Resolution via a New Review Board

Establishes the Privatisation Review Board (Section 47) to hear objections and appeals from persons aggrieved by determinations of the Authority. Aggrieved parties may lodge objections within 15 days, with further appeals permitted to the High Court (Section 46).

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