An Act of Parliament to establish an institutional framework for the control of alcohol and drug abuse and for the formulation and implementation of policy thereto and for connected purposes.
National Authority for the Campaign Against Alcohol and Drug Abuse Act (No 14 of 2012) By Hon. Amina Abdalla
An Act of Parliament to prohibit the practice of female genital mutilation, to safeguard against violation of a person’s mental or physical integrity through the practice of female genital mutilation and for connected purposes.
AN ACT of Parliament to give effect to the provisions of Article 2(6) of the Constitution and to provide the procedure for the making and ratification of treaties and connected purposes.
AN ACT of Parliament to provide for the prevention, treatment and control of cancer and for connected purposes.
An Act of Parliament to provide for appropriate marketing and distribution of breast milk substitutes; to provide for safe and adequate nutrition for infants through the promotion of breastfeeding and proper use of breast milk substitutes, where necessary, and for connected purposes.
AN ACT of Parliament to provide for the establishment and operation of public benefit organisations; to provide for their registration; to establish an administrative and regulatory framework within which public benefit organisations can conduct their affairs and for connected purposes Recognizing the important role that public benefit organizations play in serving the public good, supporting development, social cohesion and tolerance within society; promoting democracy, respect for the rule of law, and providing accountability mechanisms that can contribute to improved governance; Conscious that government, business or public benefit organisations on their own, do not have the capability to meet all the challenges that society faces; Cognizant that the public benefit organizations are increasingly involved in complementing the county and national government in all spheres of public service delivery and of the primary role of Government of Kenya as the duty bearer; Perceptive that the realization of Kenya’s development goals depend on the contribution of not only the public and private sectors, but public benefit organizations as well; Recognizing that public benefit organizations, comprises a major economic sector that employs almost half as many people as the public sector; Mindful that effective and efficient self-regulation is the basic foundation for an effective working civil society sector and keen to ensure that public benefit organizations maintain high standards of governance, transparency and accountability; Observant that the efforts to establish an enabling environment for public benefit organizations have been on-going and the current legislative framework is in need of revision as it does not provide an adequate regulatory and institutional framework for public benefit organizations; Cognizant that laws permitting public benefit organizations to exist and operate freely are indispensable to the full and meaningful implementation of the freedoms of association, expression, and peaceful assembly
AN ACT of Parliament to provide for the rights and responsibilities of spouses in relation to matrimonial property and for connected purposes.
AN ACT of Parliament to give effect to Article 43 (1) (e) of the Constitution; to establish the National Social Assistance Authority; to provide for the rendering of social assistance to persons in need and for connected purposes.
AN ACT of Parliament to amend and consolidate the various laws relating to marriage and divorce and for connected purposes.
AN ACT of Parliament to give effect to Article 50(9) of the Constitution; to provide for protection of victims of crime and abuse of power, and to provide them with better information and support services to provide for reparation and compensation to victims; to provide special protection for vulnerable victims, and for connected purposes.
AN ACT of Parliament to provide for the protection and relief of victims of domestic violence; to provide for the protection of a spouse and any children or other dependent persons, and to provide for matters connected therewith or incidental there to.
The primary objective of this Bill is to amend the Persons with Disabilities Act to make it accord with the Constitution of Kenya 2010. A person with disability is entitled under the Constitution to reasonable access to all places, public transport and information and hence the Government has the responsibility to make telecommunications and mass media available to persons with disabilities for their rehabilitation, self-development and self –reliance. The Bill’s objective is to make television more accessible to persons with hearing disabilities and to ensure that those who are hearing-impaired are not deprived of timely and relevant information that broadcast news provides. This Bill is a Bill concerning county governments. The enactment of this Bill shall occasion additional expenditure of public funds to be provided through the estimates. The bill is in the senate awaiting its approval after going through the National Assembly.
Diabetes is a leading cause of death and suffering in Kenya. Information from the International Federation of Diabetes (IDF) indicates that in 201I Kenya was ranked as the 5th country in Africa with the highest number of people reported to be suffering from diabetes, a figure approximated at 720,000. However, a greater number of people are affected as many cases have not been detected. Though diabetes is treatable, it is not curable and in most instances where it is diagnosed late, it results in severe consequences like amputation, high blood pressure and loss of sight etc. Management of diabetes not only affects the patient but also drains the friends and relatives of the patient hence adverse effects on the economy. The principal object of this Bill is therefore to establish a legal framework to provide for prevention, treatment and control of diabetes .The Bill further seeks to reduce the prevalence of type2 diabetes by addressing the lifestyle that people live, regulating the quality and type of products that people consume and promoting awareness about the causes, methods of prevention and cure for diabetes. The Bill further seeks to encourage data collection on diabetes by making it mandatory for hospitals to report new cases on detection, a fact that will help the government in healthcare planning
The objective of this Act is to provide a legal framework for the establishment, powers and functions of the Kenya AIDS Control Authority. The Authority is established as a successor to the National AIDS Control Council. In its current state the National Aids Control Council is a State Corporation established vide the National AIDS Control Council Order published in legal Notice No 170 of 1999. Even though the Council has made significant steps towards the prevention and spread of the AIDS scourge in the country, a number of defects have been noted which lead to the conclusion that better progress could have been made. Most of these concerns revolve around the operations of the Council. A number of times, questions have also arisen as to the proper utilisation of resources allocated to the Council. The process of appointment of officials and membership to the Council has often also been criticized as being opaque and subject to patronage while also lacking in meritocracy. In the current state the Council operates under and reports to the Office of the President. This raises serious questions of autonomy which may end up hampering the effective operations of the Council due to the noted issues. This lack of autonomy may also be a limiting factor in the body exercising general functions. The situation is made worse by the fact that the funds that the Council is dependent on are drawn from the ministerial allocations. The Bill seeks to reverse this state of affairs by establishing the authority as a body corporate with perpetual succession and a common seal. This gives it the full autonomy that comes with the status of a corporate body including the capability to sue and be sued, to enter into contracts and to own and transfer property in its own name. The funds to the Authority will also now be directly allocated by the National Assembly which further strengthens the Authority. The Bill also intends to strengthen the institutional structures of the Authority by providing for a transparent and meritorious system for the appointment of the members of the Authority. The Chair and members of the Authority are made subject to and protected by the provisions of the Constitution as relates to state officers. The appointment process includes nomination by a panel and parliamentary approval
A Bill for an ACT of Parliament to make provision for the training, registration and licensing of traditional health practitioners, to regulate their practice, to provide for the establishment, powers and functions of the Traditional Health Practitioners Council of Kenya and for connected purposes.
The Bill by Sen. Martha Wangari was overtaken by The County Governments (Amendment) (No. 3) Bill, 2014.
The Principal object of this Bill is to anchor the existence and practice of in vitro-fertilization in statute law. While it is acknowledged that infertility affects a lot of women of reproductive age in Kenya and in vitro fertilization is often a couple’s or individual’s only chance at conception there has never been an attempt to clothe the practice of in vitro-fertilization in a fine statutory line. It is imperative to note that many women who require in vitro-fertilization rely on doctors who may not be qualified to undertake the procedure and as a result leading to the deaths of many women and children. The entire legal framework does not provide early substantive and procedural essentials for in vitro fertilization; most of the Acts that relate to health care for example the Medical Practitioners and Dentist Act (Cap.253) and the Medical Laboratory and Technologists Act (No. 10 of1999) are silent on this fundamental matter. The result therefore is that the practice in in vitro fertilization which is very crucial to this country goes about in a state of virtual legal nudity. This Bill therefore seeks to address these challenges and thereby empower and strengthen the practice of doctors in the area of in vitro fertilization. This will not only enhance the in vitro fertilization surveillance but also strengthen control and avoid losses
The principal object of this Bill is to provide for the training, registration and licensing all pharmacy practitioners, so as to regulate their practice.
The National Youth Service Bill (Amendment) Bill, 2014 By Sen. Beatrice Elachi The Natural Resources (Benefit sharing) Bill, 2014 By Sen. Agnes Zani The Engineering Technologists and Technicians Bill, 2015 By Hon. Cecilia Ng’etich
The objective of the Bill is to provide a legal framework on the regulation, practice and standards of engineering technologists and technicians.
Part I of the Bill contains preliminary provisions.
Part II contains provisions on the establishment, powers and functions of the Engineering Technologists and Technicians Board as the body responsible for the co-ordination and regulation of engineering technologists and technicians. The part also sets out the functions of the Board, among which is to ensure that high standards are maintained both in training, performance and rendering of engineering technology professional services,
Part III contains provisions on registration of engineering technologists and technicians. It among other things sets out the qualifications requisite for registration to practice as an engineering technologist or technician. Although registration is open to persons who are Kenyan citizens or have permanent resident status a window is provided for registration of foreigners in specified circumstances.
Part IV contains provisions relating to the licensing and practicing of registered engineering technologists and technicians. It makes it mandatory for a person to be licensed before such person can practice as an engineering technologist. It further lays down the requirements to be fulfilled when applying for a practicing license. The Part further sets out the circumstances in which registration may be suspended or cancelled.
Part V contains financial provisions relating to the Board.
Part VI contains provisions relating to offences and penalties.
Part VII lays down the disciplinary procedure and the actions the Board may take against offending practitioners, including deregistration, reprimand, imposition of fine, etc. It also provides for restoration of names in the Register.
Part VIII contains miscellaneous provisions.
Part IX provides for the making of regulation by the Cabinet Secretary on recommendation of the Board.
The principal object of this Bill is to give effect to Article 35 of the Constitution and thereby facilitate access to information held by Government Ministries and other public authorities. The Bill recognizes access to information as a right bestowed on the Kenyan people, and seeks to promote proactive publication, dissemination and access to information by the Kenyan public in the furtherance of this right. It also spells out the mechanisms for ensuring public access to information, as well as the factors that may hinder the right to this access. The Bill is borne of the realization that access to information held by the Government and public institutions is crucial for the promotion of democracy and good governance.
The Bill seeks to make provision for the actualization of reproductive rights. The right to make free and informed decisions, which is central to the exercise of any right, shall not be subjected to any form of coercion and must be fully guaranteed by the State, like the right itself. Respect for protection and fulfilment of reproductive health and rights which seek to promote the rights and welfare. of every person particularly couples, adult individuals, women and adolescents. The Bill also seeks to deal with the issue of inadequate facilities at county government hospitals, especially in terms of emergency services including but not limited to ambulance services and equipment for intensive care services and gynaelogical services as well. The Bill seeks to bring forth the issue reproductive health for the adolescent and mentally unstable persons, which has been neglected for some time.
This Bill seeks to amend section 15(2)(a) and section 107(2)(b) of the Public Finance Management Act, 2012 in order to provide, as a county government fiscal responsibility principle, that a minimum of sixty percent of the budget of the county governments be allocated to development expenditure. The Bill concerns county governments in terms of Article 110 (1)(a) of the Constitution. The amendments that are proposed are intended to provide, as a county government fiscal responsibility principle, that a minimum of sixty percent of county government budgets be allocated to development expenditure. This principle is intended to apply at the county level of government and it therefore affects the functions and powers of the county governments in terms of Article 110(1)(a) of the Constitution.
The principal object of this Bill is to provide a framework for the realization of the right to be free from hunger and to adequate food of acceptable quality as guaranteed under Article 43(3) of the Constitution. The need for this legislative framework lased on the requirement by the National and county governments to put in place measures and mechanisms to address food insecurity which has affected the country over a long period of time and thereby ensure that the right to food for all is realised; The recognition for the need by the National and county governments to adopt legislation, policies and other measures that would, enable them meet their obligations in realising the right to food has been echoed by those affected by food insecurity and the courts that have had to decide on cases before it relating to the realisation of socio-economic rights. This Bill therefore provides a framework and mechanisms through which the national and county governments shall fulfil their obligations in relation to food security
The principal object of this bill is to amend the Universities Act, No.42 of 2012, so as to provide for liaison and coordination between the Commission for University Education and the county governments on matters of provision of university education at the county level of government. The Bill further proposes to amend section 26 of the Universities Act so as to require the Commission to report to the National Assembly and the Senate on the progress made in the establishment of public universities in the counties. The establishment of public universities in each of the counties world ensure equitable access to university education in all the counties. The universities would then provide centres for research and innovation that would address the needs of the national government as well as the county governments.
This Bill seeks to amend the Constitution to give effect to the two-thirds gender principle through the creation of special seats that will ensure that the gender principle is realised in Parliament and further that the state takes legislative, policy and other measures including the setting of standards, to achieve the realization of the principle.
This Bill seeks to amend the Employment Act so as to provide for adoptive leave for employees in respect of whom an adoption order is made authorizing such employees to adopt a child pursuant to section 154of the Children Act. The Employment Act presently provides for maternity and paternity leave, which applies to biological children, but does not provide for adoptive leave. This means that where an employee adopts a child the employee may not have the opportunity to care for and nurture the child as the employee would have in the case of a biological child. Article 53 of the Constitution of Kenya, 2010 provides for the rights of children which include the right to parental care and protection. These rights are to be availed to all children, including adopted children. This Bill therefore seeks to ensure that the rights of adopted children are safeguarded and that an opportunity for parental care and protection is availed to adopted children on their adoption.
The principle object of the Bill is to provide a framework through which communities can mobilise resources and carry out socio-economic activities to enhance their self-reliance and economic development through self-help associations. It recognises the fact that self-help associations have increasingly, over the years, played a key role not only as an entry point for economic and other development initiatives and interventions carried out with respect to various communities but has also enhance the economic independence of the members of the community. The Bill therefore provides the necessary legal framework for the registration of self-help associations and for their operation, and the necessary mechanisms for their regulation.
The purpose of this Bill is to make amendments to the National Hospital Insurance Fund Act, to reduce the penalties imposed by the Act for late payment of standard contributions and special contributions. The penalty as imposed by the Act has been a deterrent to defaulters who may wish to continue remitting payments to the Fund.
The principal object of this Bill is to promote the establishment and use of libraries in counties so as to facilitate access to information, improve education standards and reduce levels of illiteracy in the counties. By so doing, the Bill gives effect to paragraph 4(f) of Part 2 of the Fourth Schedule to the Constitution. The Bill establishes a County Library Development Committee in each county to establish and promote the use of libraries in the counties.
The principal object of this Bill is to amend the National Cereals and Produce Board Act to provide for the establishment of the County Cereals and Produce Committees. Agriculture is a devolved function. By providing for the establishment of county cereals committees, the Bill seeks to ensure enhanced production of maize, wheat and scheduled agriculture produce in the counties so as to ensure food security in the country. The Bill also provides for the functions of the county cereals and produce committees. These include the facilitation of the purchase of maize, wheat and scheduled agricultural produce from farmers, the payment of such produce delivered by farmers, data collection and the collection and dissemination of information to farmers, county government and the national government. The committees are expected to act as a link between the National government and county governments by collaborating with the National Cereal and Produce Board in the carrying out of its functions. The committees will also submit reports to the county executive committee member and the Board regarding the performance of their functions.