The Kenya National Library Service Bill, 2023
Status Timeline
Proposed
Done ยท 15 Sep 2026
Public Review
Done
Debate
Active now
Executive
Pending
Final
Pending
A New Corporate National Library Authority
Establishes the Kenya National Library Service as a body corporate with perpetual succession. Under Clause 5, its functions include equipping, managing, and maintaining the Service, acquiring and preserving national documentary heritage, administering international standard numbers (such as ISBN and ISSN), and publishing the Kenya National Bibliography.
Formal Agreements with County Governments
Clause 35 explicitly empowers the Kenya National Library Service to enter into written agreements with County Governments for the management of public libraries within their respective counties, aligning library operations with the devolved structure of government.
High Qualifications for Library Leadership
Clauses 7 and 15 set strict benchmarks for leadership. The Board Chairperson must hold a university degree and have at least 10 years of management experience at a senior level. The Director-General must hold a master's degree in library science or a related field, with at least 7 years of professional experience and 5 years in senior management.
Fines of Up to KSh 100,000 for Library Offenses
Clauses 38 and 39 outline penalties for offenses under the Act. Stealing or destroying library materials, procuring false registration, or obstructing library staff will attract a fine not exceeding KSh 100,000, imprisonment for a term not exceeding 12 months, or both.
Bill No.
No. 20 of 2023
Gazette No.
Supplement No. 74
Sponsor
Daniel Sitati Wanyama
Background
The principal object of this Bill is to give effect to Article 11(2)(a) of the Constitution of Kenya, which mandates the State to promote all forms of national and cultural expression. The Bill seeks to replace the old statutory framework governing national library services to better distinguish national library functions from other public libraries and integrate county-level governance.
Key Amendments
- Repeal of Cap. 225: The Bill officially repeals the Kenya National Library Service Board Act (Cap. 225).
- Reconstitution of the Board: Clause 6 establishes a 9-member Board of the Service consisting of a Chairperson appointed by the President, five Principal Secretaries from relevant state departments (libraries, finance, education, devolution, and ICT) or their representatives, two representatives nominated by the Council of County Governors, one person appointed by the Cabinet Secretary, and the Director-General as an ex-officio member.
- Minimum Standards: Clause 27 and the Third Schedule introduce 23 distinct minimum standards for library service operations in Kenya, covering areas such as National Bibliographic Control procedures, ISO 9001:2008 quality assurance, library building amenities, security, and NEMA environmental guidelines.
New Obligations
- Publishing Compliance: Under Clause 5(c), the Service must liaise with other government agencies to ensure compliance by publishers with the Books and Newspapers Act (Cap. 111).
- Annual Estimates: In accordance with the Public Finance Management Act (No. 18 of 2012), the Board is required to submit annual revenue and expenditure estimates to the Cabinet Secretary at least three months before the commencement of each financial year.
- Record Keeping: Clause 30 requires the Service to maintain comprehensive records, including soft and hard copies of all documents belonging to the library, and a registry of all registered members.
- Code of Conduct: Board members and employees must subscribe to a strict Code of Conduct (Second Schedule) covering conflict of interest, sexual harassment, nepotism, and financial declarations under the Public Officers Ethics Act, 2003 (No. 4 of 2003).
Penalties
- Offenses under Clause 38(1): Falsely procuring entry on the register, holding oneself out as registered, or stealing and destroying library material is punishable by a fine up to KSh 100,000, imprisonment up to 12 months, or both.
- Offenses under Clause 38(2): Obstructing or threatening library staff, or submitting false or misleading information to the Service, carries a fine up to KSh 100,000, imprisonment up to one year, or both.
- General Penalty: Under Clause 39, any offense for which no specific penalty is prescribed carries a fine not exceeding KSh 100,000, imprisonment up to 12 months, or both.
Transitional Provisions
- Transfer of Assets and Liabilities: Clause 41(1) automatically transfers all rights, duties, obligations, assets, and liabilities of the former Board existing immediately before the commencement of the Act to the newly established Service.
- Board Continuity: The serving Chairperson and members of the former Board will continue in office for the unexpired period of their terms.
- Staff Transition: Employees of the former Board are deemed to be employees of the new Service. Staff who do not wish to transition have a 12-month period to exercise their option to exit.
Gazettement
The Kenya National Library Service Bill, 2023 (NA Bill No. 20 of 2023) was published in Kenya Gazette No. 74.
First Reading
The Bill was read a First Time in the National Assembly.
Second Reading
The Bill underwent its Second Reading in the National Assembly, with debate concluding on 16 October 2024.
Third Reading
The Bill was passed by the National Assembly during its Third Reading.
Bi-cameral Consideration
Following its passage in the National Assembly, the Bill was forwarded to the Senate for consideration.