Policies and Legislation

Stages of Drafting a Law in Kenya

  1. 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.

  1. 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.

  1. Publication

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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. Commencement

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

The Tax Laws Amendment Act 2020

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

Public Private Partnerships Act No.15, 2013

Physical Planning Bill 2015

The Companies Act 2015

The Housing Bill,  2014

The Nairobi City County Regularisation of Developments Bill 2014

UN Habitat – Urban Planning for City Leaders 2013

Public Private Partnerships Act 2013

Kenya Land Act No. 6 of 2012

The Energy (Energy Management) Regulations, 2012

The Energy (Solar Photovoltaic Systems) Regulations, 2012

The Energy Solar Water Heating Regulations, 2012

Developing Kenya’s Mortgage Market, May 2011

Urban Areas and Cities Act No. 13, 2011

National Construction Authority Act, 2011

Planning and Building Regulations 2009

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