The Statute Law (Miscellaneous Amendments) Bill, 2022
Status Timeline
Proposed
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Public Review
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Debate
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Executive
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Final
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Court of Appeal Bench Increases to 70 Judges
Amends the Judicature Act (Cap. 8) to increase the statutory limit of Court of Appeal judges from thirty to seventy, aiming to expedite judicial proceedings and clear backlogs.
New Equitable Remuneration Rights for Performers and Producers
Amends the Copyright Act, 2001 (No. 12 of 2001) to introduce unwaivable, untransferable rights for performers and producers to receive equitable remuneration for commercial sound recordings and audiovisual fixations. It also mandates that collective management organizations (CMOs) register for an operating license valid for 36 months, up from 12 months, and allows the Board to issue a single license for one entity to represent a sector.
Court Orders Can Bar Corrupt Public Officers from Office
Amends the Anti-Corruption and Economic Crimes Act, 2003 to allow the Commission to make an ex parte application to the High Court for an order barring a State or public officer under preliminary investigation or charge from accessing their office or exercising powers, where there is a risk of evidence destruction or witness intimidation.
Stricter Controls and Higher Penalties for Scrap Metal Dealers
Amends the Scrap Metal Act, 2015 (No. 1 of 2015) to require state entities responsible for critical national infrastructure to dispose of scrap metal directly to public smelters (like the Numerical Machining Complex and Kenya Shipyard Limited). It raises the fine for operating without a license or failing to keep proper registers to a maximum of KSh 10 million (up from KSh 5 million) or imprisonment for up to five years to deter vandalism.
New National Energy Efficiency Action Plans Mandated
Amends the Energy Act, 2019 to require the Cabinet Secretary, in consultation with stakeholders, to coordinate the development and implementation of a national energy efficiency and conservation action plan, and winds up the Nuclear Power and Energy Agency, transferring its functions to the Ministry.
Bill No.
No. 60 of 2022
Gazette No.
Supplement No. 199 of 2022
Sponsor
Kimani Ichung'wah
Background
The Statute Law (Miscellaneous Amendments) Bill, 2022 is an omnibus legislative tool designed to introduce minor, administrative, and corrective amendments to multiple pieces of legislation instead of presenting separate bills. The amendments focus on aligning statutes with the Constitution of Kenya 2010 (particularly regarding the role of the Director of Public Prosecutions versus the Attorney-General), expanding judicial capacity, and enhancing institutional governance.
Key Amendments
Judiciary and Criminal Procedure
- Judicature Act (Cap. 8): Increases the number of Court of Appeal judges to seventy.
- Director of Public Prosecutions (DPP): Transfers prosecution-related functions historically assigned to the Attorney-General to the DPP across several Acts, including the Appellate Jurisdiction Act (Cap. 9), Vexatious Proceedings Act (Cap. 41), and others.
- Penal Code (Cap. 63) & Evidence Act (Cap. 80): Removes outdated and discriminatory language regarding persons with mental disabilities.
Institutional Reporting
Standardises annual reporting requirements for constitutional commissions and independent offices (e.g., Judicial Service Commission, Salaries and Remuneration Commission, Commission on Revenue Allocation, Ethics and Anti-Corruption Commission), mandating submission of annual reports to the President and the National Assembly within six months after the end of the financial year.
Copyright & Royalties
- Overhauls aspects of the Copyright Act, 2001.
- Requires Collective Management Organizations (CMOs) to apply for operating licenses, extending license validity to 36 months (up from 12 months).
- Restructures CMO boards to co-opt four professionally qualified directors and regulates executive salaries.
Energy Sector
- Winds up the Nuclear Power and Energy Agency (NuPEA) and transfers its functions to the Ministry of Energy.
- Incorporates Kenya Power and Lighting Company (KPLC) into the Rural Electrification and Renewable Energy Corporation (REREC) membership.
- Subjecting electrical supply regulations to consumer compensation rules during power outages if the country achieves N-1 Grid Reliability status.
Water Sector Management
Reorganises the structures of the Water Storage Authority, Water Works Development Agencies, Regulatory Board, and Board of Trustees of the Water Fund, ensuring clear representation of the National Treasury and other key ministries.
New Obligations
- Integrity Verification: Under the Leadership and Integrity Act, 2012, recruiting entities in the public sector must submit lists of shortlisted candidates to the Ethics and Anti-Corruption Commission (EACC) for integrity suitability verification within seven days after shortlisting.
- Scrap Metal Infrastructure: State entities must dispose of scrap metal from critical national infrastructure directly to designated local smelters like the Numerical Machining Complex or Kenya Shipyard Limited without brokers.
- CMO Account Monitoring: CMOs must operate only bank accounts authorized and monitored by the Kenya Copyright Board (KECOBO).
Penalties
- Scrap Metal Act: Failing to maintain a register of scrap metal transactions attracts a first-offence fine of up to KSh 1 million (or 1 year imprisonment), and a second offence fine of up to KSh 5 million (or 3 years imprisonment) plus license revocation. Violations under section 26 (exporting/importing scrap metal without authorization) attract fines up to KSh 10 million or 5 years imprisonment.
- Copyright Act: Any CMO member or director who approves accounts beyond limits directed by the Board commits an offence liable to a fine not exceeding five times the amount in excess or imprisonment for up to three years, or both.
- Prevention of Organised Crimes Act: Under section 14, the fine for specified offences is increased from five hundred thousand shillings to ten million shillings.
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