The Statute Law (Miscellaneous Amendments) Act, 2024, recently signed into law by President William Ruto, introduces significant changes across various Acts of Parliament in Kenya. This comprehensive article explores these amendments, their implications, and how they impact different sectors.
By understanding these changes, stakeholders can better navigate the legal landscape and ensure compliance.
Key Amendments Introduced by the Act
The Statute Law (Miscellaneous Amendments) Act, 2024, amends several key Acts, including: -
Office of the Attorney General Act
The amendment introduces an advisory board to recommend appointments and promotions of deputy solicitors-general and State counsel. This board includes the Attorney-General, Principal Secretaries of Public Service and the National Treasury, the Public Service Commission chairperson, the Law Society of Kenya president, and the chair of the Council of the Institute of Human Resource Management.
Oaths and Statutory Declarations Act
The Chief Registrar of the Judiciary replaces the Registrar of the High Court as the custodian of the roll of commissioners. This amendment also grants the registrar and deputy registrar of superior and subordinate courts the power to administer oaths.
Advocates Act and Notaries Public Act
These amendments streamline the processes for the admission of advocates and the appointment of notaries public, enhancing efficiency and reducing bureaucratic delays.
The amendment introduces stricter penalties for sexual offences and enhances protections for victims, aiming to curb the prevalence of such crimes and ensure justice for survivors.
Utamaduni Day has been renamed Mazingira Day, to be observed on October 10th. This day will focus on environmental conservation activities, including tree planting, aligning with the government’s 10-year 15 billion tree-planting program.
Trustees (Perpetual Succession) Act
The Registrar of Companies now handles the registration of trusts, a function previously managed by the Principal Registrar of Documents. This change aims to improve the efficiency and effectiveness of trust registration procedures.
The President now has the power to establish more than one specialized degree-awarding institution focusing on national security issues.
The National Intelligence Service is exempted from the application of the Employment Act, similar to other national security organs.
The amendments align the remittance date of the training levy with PAYE remittance to the Kenya Revenue Authority (KRA), aiming to boost employer compliance and enhance KRA collections. These funds will support intern wages and technical and vocational education training.
Under Section 2(1) In paragraph (e) of the definition of publication it deletes the words “for aviation metrology” appearing after the word’s information circulars.
The amendments to the Traffic Act deal with service of notification of traffic offences, which may now be served electronically. It also covers non compliance of court attendance after notification and penalties for removing notifications.
Veterinary Surgeons and Veterinary Para-Professionals Act
This amendment introduces new regulations for the registration and practice of veterinary surgeons and para-professionals, ensuring higher standards in veterinary services.
The amendment enhances the framework for public financial management, promoting transparency and accountability in the use of public funds.
Denatured ethanol has been removed from the list of VAT-exempt supplies, creating a competitive edge for local manufacturers. Additionally, the supply of gas meters is now exempt from VAT to enhance access to clean energy for low-income households.
The amendment introduces new guidelines for the privatization of state-owned enterprises, aiming to improve efficiency and attract investment.
Implications of the Amendments
These amendments have far-reaching implications for various sectors:
Legal Sector: Streamlined processes for the admission of advocates and the appointment of notaries public will enhance efficiency in the legal profession.
Environmental Conservation: Renaming Utamaduni Day to Mazingira Day emphasizes the government’s commitment to environmental conservation.
Public Finance: Enhanced public financial management frameworks will promote transparency and accountability.
Education and National Security: The establishment of specialized degree-awarding institutions will bolster national security education.
Taxation: Changes in VAT exemptions will impact local manufacturers and low-income households.
Conclusion
The Statute Law (Miscellaneous Amendments) Act, 2024, introduces significant changes across various sectors in Kenya. By understanding these amendments, stakeholders can better navigate the legal landscape and ensure compliance.
For more detailed information and legal advice, contact our law firm. We are here to help you understand and adapt to these changes.
For more information, see the Statute Law (Miscellaneous Amendments) Act, 2024.
