Policies and Legislation
Stages of Drafting a Law in Kenya
- Initiation of a Proposal
Several parties can be involved in the initial process. The major parties that initiate a bill into being a law source include among others, the government, ministry and group facing pressure. The groups will come up with several ideas forwarded to the next step.
- Draft Stage
The process includes drafting of the proposal given by the ones that suggested it. The Attorney General has the duty to draft the details of the proposed legislation since he is the principle legal adviser to the government.
The Kenyan cabinet will have to go through the bill before approving for it to move to the next major step. It is of great importance that the cabinet goes through all proposed bills.
The attorney general will have to publish the respective law and ensure that it is seen by nearly all parties that need it.
Gazzetting the published document in the official Kenyan newspaper will be the next major step for one to follow in order to read and find out more information about the article. The bill is published in the Kenya Gazette to attract public attention and encourage participation.
- First Reading
First reading takes place after several consultations are made with the speaker of the national assembly. The speaker can offer advice on what can be done about the bill. The bill is referred to the relevant national assembly committee.
- The Second Reading
The second reading of the proposed bill will have to follow during which debating starts after the speaker leaves. The formation of two groups will then follow that are the whole house and select committee.
- Committee Stage
This is the stage at which amendments are proposed and voted on. The bill is studied by a committee and rewritten to include any suggestion made during Second reading.
The reporting stage follows as the next step eventually making the whole process to be reaching the final stages.
- Third Reading
A third reading is the stage of a legislative process in which a bill is read with all amendments and given final approval by the legislative body. This reading occurs after the bill has been amended by the designated committee.
- Presidential Assent
The granting of Presidential Assent is the formal method by which the head of the Executive arm of government completes the legislative process by formally assenting or giving his consent to an Act of parliament. The President signs the bill to become an act of parliament.
Quite often, an Act of Parliament may provide that it will come into effect on a date to be notified. In such cases, after the Act has received Presidential Assent, notification of the date of its coming into effect is given through a legal notice usually by the Minister for the time being in charge of the matters with which the Act is concerned.
Policies and Legislation
Electronic Land Transactions, Registration, Conveyancing & Other Related Activities Task Force Report 2019
Physical and Land Use Planning Act No. 13 of 2019
Finance Bill 2019
Tax Laws Amendment Bill 2018
CAP 470 – Income Tax Act 2016 with Highlighted Amendments, 10th Feb 2017
The Physical and Land Use Planning Bill, 2017
NCA Act Amendment Regulations 2017
Doing Business 2016 Report
Draft National Land Use Policy May 2016
Community Land Bill 2015
Doing Business in Kenya 2015 by the World Bank Group
Exemptions on Taxes for Development Income ALERT emailed by Ravi, 8th September 2015
Lands Laws Amendment Bill 2015
Minimum and Maximum Land Holding Acreage Bill 2015
NCC Community and Neighbourhood Associations Engagement Bill, 2015
Special Economic Zones Act 2015
Landlord and Tenant Bill 2007
The Energy Act 2006
Building Code 2006
Physical Planning Handbook, Draft 2002
Water Act 2002
Kenyan Building Code, 1997
Physical Planning Act 6 of 1996
Sectional Properties Act 1987
Detailed Planning of Integrated Transport System and Loop Line in Nairobi Urban Core
Kiambu County Resident Associations Law
Highlights of the ISK Statute and Land Administration Managers Bill
Draft National Land Policy
Water Act Cap 372
Final Report – The Project on Integrated Urban Development Master Plan for Nairobi – Appendix
Institution of Surveyors of Kenya Bill
Land Administration Managers Bill
Policy Review for Zones 3, 4 and 5, Nairobi, Kenya