mzalendo :: Eye On Kenyan Parliament

BY MZALENDO REPORTER

President Kibaki on Thursday March 6, 2008 opened the second session of the tenth Parliament and set a crowded though ambitious agenda for Parliament in the next 5 years. This includes over 20 Bills and a raft of Sessional Papers. Four of the Bills, according to the President, must be accorded top priority by the Coalition government and the whole House in general.

The top priority Bills are:
1) the National Accord and Reconciliation Bill
2) the Constitution of Kenya (Amendment) Bill
3) the Establishment of Truth, Justice, and Reconciliation Commission Bill
4) the Establishment of the Ethnic Relations Commission of Kenya Bill.

The National Accord and Reconciliation Bill, perhaps the most urgent, is aimed at putting into legislation the power sharing deal signed by President Kibaki and ODM leader Raila Odinga after one month’s mediation talks chaired by former United Nations chief Kofi Annan. The Bill seeks to create the position of Prime Minister, and two deputy prime ministers. It also seeks to transfer the roles of the head of government from the President to the Prime Minister leaving the president as the head of State. It will also provide clear roles of the new posts as well as criteria of appointing and dismissing the prime minister and the deputies.

The Constitution of Kenya (Amendment) Bill is aimed at giving Kenyans a new constitution, which has been elusive for over 15 years. PNU and ODM agreed that there will be five stages in the review of the Constitution, in and outside Parliament, culminating to a referendum.

The Truth, Justice, and Reconciliation Commission Bill seeks to create a special commission mandated to inquire into human rights violations, including those committed by the state, groups, or individuals. This includes but is not limited to politically motivated violence, assassinations, community displacements, settlements, and evictions. The Commission will also inquire into major economic crimes, in particular grand corruption, historical land injustices, and the illegal or irregular acquisition of land, especially as these relate to conflict or violence. Other historical injustices shall also be investigated. The Commission will inquire into such events which took place between December 12, 1963 and February 28, 2008.

The Ethnic Relations Commission of Kenya Bill on the other hand seeks to establish another commission with the mandate of probing how various communities have related to each others and causes of conflicts amongst them.

According to President Kibaki, the government is focused on improving market performance of several key commodities. The government has proposed amending the Coffee Act 2001 to provide for direct sales of coffee and to amend the Sugar Act 2001 to restructure the sugar industry. It also plans to introduce bills and Sessional papers covering the dairy, poultry and fishing industries, among others. To boost the tourism industry, the government will be tabling three bills; the Environmental Impact Assessment Regulations Guidelines, the Tourism Bill and the Wildlife Bill.

The government also plans to table a Sessional Paper on Cooperative Development Policy and a bill on Savings and Credit Cooperatives. These are aimed at giving an impetus to the role played by cooperatives in the production and marketing of produce as well as mobilizing savings and providing credit to the majority of Kenyans. The government will also introduce legislation that will regulate the role of non-public entities such as civil society and international education providers as well as propose the establishment of a Technical Industrial Vocation and Entrepreneurial Training Authority. This is inline with implementation of the free primary and free secondary education programmes, which according to the President, require legislation to entrench the reforms in the entire education sector within the country’s laws.

Entrenching a culture of science, technology and innovation in the society and boosting the country’s dream of Vision 2030 is also in focus. In this relation, the government will introduce a National Policy for Science, Technology and Innovation. It has also proposed a bill to upgrade the National Council of Science and Technology to the National Commission of Science and Technology. On the way as well is a bill that will lead to the creation of the National Science Foundation and National Innovation Agency. To deal with poverty and inequitable development, the government plans to table a Sessional Paper on Cooperative Development Policy and a bill on Savings and Credit Cooperatives.

In the health sector, the Government has proposed to review the Public Health Act so as to consolidate 23 different Public health laws into a single Act of Parliament. It plans to table policy papers on Health Care Financing, Health Services Commission and Decentralised Funding of Health Facilities. With regard to the youth, the government has proposed amendments to the Armed Forces Act to enable youth trained under the National Youth Service be absorbed in the armed forces. It will also table a bill to provide for the creation of a National Youth Council. Further, the Government will re-table the Sessional Paper on Employment Policy for discussion in the House on the urgent and critical matter of providing enough jobs for young people. With regard to the protection of the family and children, the government has proposed amendments to the Children’s Act 2001 for better implementation. The government also plans to introduce the Information Communication Technology Bill as a regulatory framework for broadcasting, electronic transactions and cyber crime.

In the water sector, the government will table the National Water Harvesting and Storage Policy to facilitate harnessing and storage of recurrent floodwaters as well as the National Shared Water Resources Policy to promote equitable development of water resources nationally. Government plans also to introduce a policy on the registration of contractors as well as the creation of a national construction company to build capacity among local contractors. It will also introduce legislation touching on the Protection of Road Reserves, Registration of Engineers and Architects as well as Quantity Surveyors.

With regard to local authorities, the government plans to bring to the House new amendments to the Local Government Act to enable the direct election of mayors and county council chairmen.
According to President Kibaki, this particular reform is long overdue and this Parliament should deliberate on it as a matter of priority. To ensure proper planning and development of urban areas as well as the proper enforcement of laws and by-laws for regulation of urban development, the government plans to table proposals to set up a National Urban and Metropolitan Areas Authority.

To promote the development of affordable housing the government will present the Housing Bill and a Landlord and Tenant Bill. The government also plans to table the Organised Crimes Bill to contain the emergence of organized gangs and militias which bode ill for our society. It also plans to table the Anti-money Laundering Bill as well as introduce amendments to the Chief’s Act and Firearms Act.

* Links updated. We need your assistance with filling the blanks, if you have soft copy access to any of the draft bills that we do not link to, please forward them to us via the contact page.

The following bills are expected to be re-tabled when Parliament resumes. Here’s hoping that the MPs do more than draw fat paychecks. Most of these bills have been pending in parliament since 2004.
1. The Sexual Offences Bill. For criticism of aspects of the bill, click here. For the other side of the argument, click here. In response to some of the criticisms raised during the House debate, the Bill is widely to be amended following recommendations of the Committee on Justice and Legal Affairs.

2. The Media Bill 2006. Read analysis on the draconian nature of the bill here.

3. The Statute (Miscellanous Amendments) Bill 2006, which seeks to among other things, amend the Public Officer Ethics Act, 2003 to make the declaration of assets and liabilities open to public scrutiny (analysis of the weaknesses of the current act can be found here). Other amendments will also seek to increase the number of judges from 50 to 70 and Judges of Appeal from 11 to 15. More details on the bill can be found here.

4. The Witness Protection Bill. Has been pending since last year. First reading was in April 2005.

5. The Proceeds of Crime and Money Laundering Bill to enable the Government acquire funds and assets that have been obtained illegally.

6. The Cotton Bill, 2005 to revitalise the cotton industry and restructure the Cotton Board.

7. Amendments to the Coffee Bill of 2001. For more on why the amendments are necessary, click here.

9. The Deposit Taking and Micro-finance Bill 2005 aimed at promoting access to credit by micro-entreprises. For background on the bill, including the recent consensus agreement reached by industry stakeholders click here. Analysis of the proposed bill can be found here, and an older version of the bill can be found here.

10. The Savings and Credit Co-operative Societies Bill. A brief background on the bill can be found here.
11. Amendments to the Transport Licensing Act to make it easier to obtain vehicle licenses and to enable PSV operators to renew their licenses all year round.

12. The Kenya Information and Communications Bill, 2006 to replace the current Kenya Communications Act, 1998.

13. A Bill for the establishment of a Financial Management and Control Board for local authorities experiencing financial distress.

14. The Local Authorities Bill which seeks to provide for the creation of a Metropolitan City of Nairobi and to create the necessary legal framework that will formalize the elevation of Kisumu and Mombasa to city status.

15. The National Social Health Insurance Fund Bill 2004

16. The Wildlife Conservation and Management Amendment Bill 2004. Detailed critic of the bill as originally proposed is available here. The President had refused to assent to the Bill in 2004, apparently due to, among other things, concerns about the legalization of sport hunting

17. The Banking Amendment Bill 2004

18. The Political Parties Bill which aimes to provide an appropriate registrations system for parties and provide for state funding of parties. A detailed chapter by chapter digest of the bill is available here. For some background on the problem, click here.

19. Revising of the Restrictive Trade Practices and Monopolies and Price Control Act.

20. The National Museums and Heritage Bill. The Bill intends to update and enhance the legal framework of Museums, Cultural Property and Heritage management to make them consistent with international standards and treaties. Some background on the bill, including some of its defects, is available here.

21. The Refugee Bill. The Bill seeks to make provision for the recognition, protection and management of refugees in Kenya. The Bill will also enhance the legal framework covering refugees in line with the Constitution of the International Refugee Organization and other Conventions that are followed by the United Nations High Commissioner for Refugees and the African Union Charter on refugees.

22. The Public Archives and Documentation Service (Amendment) Bill. The Bill aims to strengthen the Kenya National Archives and Documentation Service by way of extending its scope of operations. Current law available here.

23. The revised Statistics Bill will provide for the establishment of the Kenya National Bureau of Statistics (KNBS) as a body corporate and principal agency for collecting, analyzing, publishing and disseminating official statistics in Kenya.

24. The Kenya Law Reform Commission Bill. This Bill seeks to give the Kenya Law Reform Commission operational autonomy, to make it more effective and efficient and to re-define its objectives, functions and composition.

25. The Companies Bill. The Companies Bill will provide a modern framework for conducting business.

26. Review of the following labor laws: regulation of wages (Cap.22a), Factories and other places of work (Cap 514), Workmen’s compensation Act (Cap 236), Employment Act (Cap.226), Trade Disputes Act (Cap.234) Trade Unions Act (Cap.233).

27. The Industrial Training Act (Cap 237 Amendment Bill of the Laws of Kenya) which is currently at the AG’s Chambers will be finalized in order to empower the Directorate of Industrial Training (DIT) with the legal framework to provide cutting edge training to both school leavers as well as workers employed in Industry.

28. Kenya Maritime Authority Bill 2005. Kenya Merchant Shipping Bill 2005. Bill for the establishment of open ships registry in Kenya.

The sexual offences bill is coming up for debate in April
The text of the bill can be read here: [Link to Custom Page]