The Government has unveiled the ‘Big Four’ agenda. Most of these Big Four priorities require urgent legal interventions to actualise. To achieve these ambitions, the Kenya Law Reform Commission, in collaboration with relevant government agencies, is spearheading the process of formulating or reviewing various legislation to ensure these development priorities are actualised. This note elaborates on the interventions by the KLRC.
INTRODUCTION
His Excellency the President Uhuru Kenyatta unveiled four areas which require immediate prioritisation and focus, the Big Four. These are ensuring food security and nutrition, affordable housing, manufacturing and safeguarding affordable healthcare for all. These four areas have for a long time been ignored or underfunded despite their pivotal in driving the country’s economy.
To actualize the delivery of the Big Four, the president has called for concerted efforts within government agencies for their effective realisation. The National Treasury has issued guidelines directing Ministries, Departments and Agencies (MDAs) to prioritize public investments geared towards the realisation of the Big Four agenda.
The president has further called on the legislature to offer the required support to ensure legislation is in place to secure delivery of the Big Four. Legislative support entails review of the current legal framework and systematic development of legislation which will include integration, unification of the law, and elimination of anomalies, repeal of obsolete and unnecessary laws and generally simplification and modernisation of the law to achieve this agenda.
The Kenya Law Reform Commission (KLRC) (the Commission) is the primary agency tasked with the mandate of keeping under review all the law of the Kenya as well as provision of advice, technical assistance and information to the national and county governments with regard to the reform and review of their legislation. Consequently, as further illustrated in this note, we have taken proactive measures to ensure creation of a supportive legal environment for the Big Four to thrive
LEGISLATIVE INITIATIVES TO IMPLEMENT BIG FOUR
The Commission is offering legal and legislative support to actualise the Big Four Agenda. We are undertaking the itemized initiatives.
|
Legislative activity
|
Objective |
|
LEGAL REFORMS TO FACILITATE UNIVERSAL HEALTHCARE
|
|
|
1. Develop Regulations under the Health Act, 2017 |
To implement the Health Act |
|
2. Review the National Health Insurance Fund Act, 1998. |
· Establish Health Insurance as primary and NHIF as secondary insurer for the formal sector. · Align NHIF Act to Universal Health Coverage, group insurance, multi-tier benefit package · Introduce new governance structures · Provide for Employer contributions · Bring on board pensioners · Provide for mandatory coverage for informal sector |
|
3. Review Insurance Act |
To increase uptake of Private Health Insurance to cushion NHIF |
|
4. Review the Kenya Medical Training College Act |
Streamline governance structures |
|
5. Develop the National Public Health Institute (NPHI) Bill |
Establish institutional framework for promotion of national public Health |
|
6. Review the Retirement Benefits Act |
To support the Health Sector |
|
7. Finalize the Environmental Health and Sanitation Bill 2017 |
Promote safe environment and sanitation |
|
8. Develop the National Research for Health Bill |
Legal framework for continuous health research |
|
9. Older Persons Bill, 2017 |
To provide for the welfare of older persons |
|
10. Develop the Food and Nutrition Security Bill |
Implement government policy on food security |
|
11. Develop Food and Drug Authority Bill |
Provide for institutional framework on food and drugs |
|
LEGAL REFORMS TO REALIZE FOOD AND NUTRITION SECURITY |
|
|
12. Develop legislation on mandatory soil liming |
Provide framework for ensuring soil fertility |
|
13. Develop Legislation to actualize irrigated land for each constituency |
Provide framework for national irrigation system |
|
14. Develop legislation to cap the cost of leasing land with aim of attracting private/foreign investors |
Unlock land for agriculture |
|
15. Develop legislation to halt further subdivision of arable land |
Stem uneconomic subdivision of arable land |
|
16. Develop legislation to stimulate water harvesting across the Country |
Provide legal framework for water harvesting |
|
17. Develop legislation on caged fish farming |
Attract investors in Marine and Fresh water fish processing |
|
18. Develop legislation on restoration of commodity levies to beef up commodity fund |
Harmonize and eliminate multiple levies across Counties |
|
19. Finalization of the Built Environment Bill 2017 and the Building Regulations (Building code) |
· Provide for modern innovative building technologies · Domesticate lessons from other countries |
|
20. Review the Stamp Duty Act |
To update the Act into modern realities |
|
21. Development of the Building Surveyors Bill |
To support housing sector |
|
22. Development of the Lord and Tenant Relationship Bill |
To support access to affordable housing and handle landlord tenants disputes amicably |
|
23. Review of Public Private Partnership Act |
· to allow fast-track process for predefined models or cases · facilitate Joint Venture Agreements |
|
24. Enact legislation for taxation of idle land tax |
Implement tax on idle land |
|
25. Review the Survey Act |
To remove bottlenecks |
|
26. Review the Valuation for Rating Act |
To remove bottlenecks |
|
27. Review the Rating Act |
To remove bottlenecks |
|
28. Review the Physical Planners Registration Act |
To remove bottlenecks |
|
29. Review the Sectional Property Act |
· To align it with trends in housing and improve administrative process and address existing bottlenecks · Develop clear process for conversion regarding based on previous application for registration under the Act. |
|
30. Development of the Kenya Building Research Institute Bill |
Establish framework for continuous building research |
|
31. Review land acquisition legal framework |
Unlock land for development |
|
LEGAL REFORMS TO PROMOTE INDUSTRIALIZATION AND MANUFACTURING |
|
|
32. Finalize National Warehousing Receipt System Bill and Regulations |
· Provide for tea, coffee, sugar, meat, dairy, crops value chains · Provide for development of warehousing and cold chain sites · Facilitate the Mombasa food hub concept |
|
33. Review the Hide, Skin and Leather Trade Act |
Facilitate setting up of leather cottage industries |
|
34. Developing legislation to establish the proposed Investment Council |
· Implement Kenya Industry & Entrepreneurship Project · Facilitate the establishment of Computer, light electronics & IT related parts assembly and manufacture |
|
35. Develop legislation to implement Blue Ocean Economy |
· Facilitate exploitation of deep sea resources · Promote aqua-culture · Promote fish processing |
|
36. Finalizing the Export Promotion Bill, 2018 |
· Streamline export businesses · Strengthen Trade facilitation program · Revamp Export Promotion Council& Anti-counterfeit Agency · Set up Kenya Exim Bank · Facilitate establishment of new markets; · Operationalize Export Strategy |
|
37. Review the Arbitration Act |
To streamline the dispute resolution mechanism |
|
38. Develop Regulations for ADR |
Facilitate dispute resolution |
|
39. Review the following Labour Laws · Occupational Safety and Health Act, 2007 · Work Injury Benefits Act, 2007; · Labour Institutions Act, 2007; · Labour Relations Act, 2007; · Employment Act, 2007; and · National Social Security Fund Act, 2013 |
To update them with modern labour trends |
|
40. Finalize the drafting of the Work Injury Compensation Bill |
Conform to modern labour trends |
|
41. Develop the Occupational Safety and Health Practitioners’ Act |
Conform to modern labour trends |
|
42. Develop of Labour Migration Management Act |
Conform to modern labour trends |
|
43. Finalize the Energy Bill 2015 |
Provide for affordable energy |
|
44. Develop the Trade Remedies Bill |
Promote trade in established trade zones |
|
45. Develop the Kenya Industrial Research and Development Institute Bill |
Provide for continuous research in industrial development |
|
46. Develop Oil, Mining and Gas legislation |
Legislation to be based on government policy on value addition on oil products and decision on crude/refined oil exports |
|
47. Finalize the following Regulations under the Land Acts · Land (General) Regulations · Land Registration Regulations · Community Land Regulations |
To fully implement legislation on land |
|
48. Review and develop county legislation related to Agriculture and cooperative societies |
Facilitate county governments to promote agriculture and cooperative development |
|
49. Review land acquisition legal framework |
Facilitate land acquisition for public development purposes |
|
50. Develop workable PPP models for infrastructure financing/joint ventures and sub-contracting |
Fast track PPP initiatives and accommodate new approaches to PPP |
|
51. Develop legal framework to protect and manage critical infrastructure |
Enhance public transport including BRT |
|
52. Finalize Merchant Shipping (Service Providers) Regulations, 2011; |
Fully implement the Act and support blue economy |
|
53. Develop a legal framework to facilitate the growth of local entrepreneurs to invest in emerging maritime opportunities in inland waters(lakes Victoria and Turkana) |
Promote Blue economy policy |
|
54. Domestication (after ratification) of the Lome charter on maritime safety and security |
Conform to international best practices |
|
LEGAL REFORMS RELATING TO INFRASTRUCTURE |
|
|
55. Harmonize the Traffic and NTSA Acts |
Provide for ease of coordination and complementarily |
|
56. Finalize the Nairobi Metropolitan Area Transport Authority Bill |
Enhance public transport |
|
57. Review of Motor Vehicle Inspection Regulations |
Promote standards for motor vehicles |
|
58. Finalize the Kenya Roads Bill |
Provide for classification and maintenance of roads |
|
59. Finalize the Physical Planning Bill 2015 (PPA) and Physical Planning Regulations |
To support economic and social initiatives |
|
60. Review the County Governments Act and the Intergovernmental Relations Act |
Promote intergovernmental engagement on critical aspects of health and infrastructure and promote devolution |
WAY FORWARD
The Commission has a key role in offering necessary technical support to enact outlined legislation to achieve the Big Four Agenda. The Commission has resolved to take lead in public legal education on the big four agenda. We will therefore be offering regular briefings on the laws attendant to big four agenda as well as timely reform proposals through various medium, including publications.