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Digest of Recent Legal Supplements on Matters of General Public Importance

Dudley Ochiel

Compiled by Ochiel J Dudley, Legal Researcher

Members of the Bench who have been busy hearing election petitions may be interested in the vacation dates under the new rules

This Article presents a brief summation of Legislative Supplements, published in the Kenya Gazette, on matters of general public importance. The outline covers the period between 15th March, 2013 and 26th July, 2013.

On their part, the Supplements cover diverse legal subjects – assumption of gubernatorial offices, devolution of procurement entities, as well as reservations and preferences for SMEs owned by youth, women and persons with disabilities.

New County and Parliamentary Rules were issued in L.N. 54/2013 to replace the initial rules on election petitions. The benefit, and perhaps necessity of the new rules, is that they contain a Part VII on appeals to the High Court and Court of Appeal respectively. That was a glaring omission from the initial rules. No matter – the legislative gap is now filled.

Other matters covered include the LAPSSET Corridor, anti-money laundering, aviation, load limits and weighbridges, in addition to money remittance. On matters health, nurses are now required to train at accredited nurse training institutions and thereafter take out practicing certificates and adhere to professional standards set by the Nursing Council.

At the same time, the Commission on Administrative Justice has issued rules on the procedure for filing, investigation, hearing and determination of complaints before the Commission.

Similarly, the Chief Justice has issued new practice directions to determine the dates for sittings and vacations of the Court. Under the rules, the offices of the High Court including registries will be open to the public from 8.00 a.m to 5.00 p.m – Monday to Friday. The longer opening hours will ensure that citizens have more time to access the Courts.

At the same time, members of the Bench, who have been busy hearing Election Petitions, may be interested in the earliest possible vacation date under the rules.

Of most importance however, are the practice and procedure rules issued by the Chief Justice, under and that, apply to all Article 22 proceedings. The overriding objective of the rules is to ensure access to justice under Article 48.

Christened the “Mutunga” Rules[1], these rules have succeeded the Constitution   of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006 widely known as the “Gicheru Rules.

Stay informed!

Date of Publication Legislative Supplement Number Citation Preface
8th March, 2013 14 Transition to Devolved Government (Assumption of Office of County Governor) Regulations, 2013(L.N. 47/2013) The rules outline the assumption of gubernatorial offices and were  promulgated under section 36 of the Transition to Devolved Government Act, 2012,
15th March, 2013 17 High Court Practice and Procedure (Amendment) Rules, 2013(L.N. 53/2013) These rules were issued by the Chief Justice under section 10 of the Judicature Act to determine the time and dates for sittings, as well as vacations, of the Court.
15th March, 2013 17 Elections (Parliamentary and County Election) Petition Rules, 2013(L.N. 54/2013 These rules revoked the earlier Election Petition Rules (L.N. 44/2013). The difference is that these latter rules included a Part VII that provides for appeals to the High Court and Court of Appeal respectively.
22nd March, 2013 20 LAPSSET Corridor Development Authority Order, 2013(L.N. 58/2013 The retired President issued this Order under section 3(1) of the State Corporations Act, Cap 446. The order establishes the Authority as a body corporate with perpetual succession,  common seal and powers to sue and be sued. The central role of the Authority is to plan, co-ordinate and sequence Lamu Port–South Sudan–Ethiopia Transport Corridor projects.
28th March, 2013 21 Proceeds of Crime and Anti-Money Laundering Regulations, 2013(L. N. 59/2013) The Regulations were issued by the Minister for Finance under section 134 of the Proceeds of Crime and Anti-Money Laundering Act, 2009. The Regulations outline anti-money laundering measures including due diligence and reporting procedures.
5th April, 2013 22 Public Procurement and Disposal (County Governments) Regulations, 2013(L. N. 60/2013) These Regulations were put prescribed under the  section 140 of the Public Procurement and Disposal Act, 2005, by the Minister for Finance to regulate procurement and disposals by County public entities
12th April, 2013 23 Commission on Administrative Justice Regulations, 2013(L.N. 64/2013) Issued under section 56 of the Commission on Administrative Justice Act, 2011, rules set out the procedure for filing, investigation, hearing and determination of complaints before the Commission.
12th April, 2013 24 Parliamentary Service (Offices of Members of Parliament) Regulations, 2013(L.N. 65/2013) These Regulations were issued under section 36 of the Parliamentary Service Act, to provide Members of Parliament with office spaces.
19th April, 2013 25 Central Bank Money Remittance Regulations, 2013(L.N. 66/2013) The Central Bank issued these regulations under section 57 of the Central Bank of Kenya Act, Cap 491. The regulations govern money remittance businesses including Western Union and mobile money transfer services.
19th April, 2013 28 Nurses (Accreditation of Training Courses) Regulations, 2013(L.N. 72/2013) These regulations were issued under section 26 of the Nurses Act, by the Nursing Council of Kenya. They outline procedures for inspection, evaluation and accreditation of nurse training institutions.
19th April, 2013 28 Nurses (Private Practice) Regulations, 2013(L.N. 73/2013) The Nursing Council of Kenya issued these regulations under section 26 of the Nurses Act. The regulations prescribe professional matters including a Code of Ethics and practicing certificates for nurses.
19th April, 2013 29 Civil Aviation Citation (Security) Regulations, 2013(L.N. 74/2013) The purpose of these regulations is to safeguard aviation security as well as regulate the conduct of persons at airports and on board aircraft. The regulations were issued undersection 82 of the Civil Aviation Act, 2013 the Minister for Transport
19th April, 2013 31 Civil Aviation(Operation of Aircraft) Regulations, 2013

(L. N. 76/2013)

The Minister for Transport issued the Regulations under section 82 of the Civil AviationAct, 2013. The Regulations prescribe rules on the registration, maintenance, and operation of aircrafts. They also outline rules for passenger safety and flight crew requirements.
26th April, 2013 34 Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, 2013(L.N. 79/2013 ) The regulations outline stringent rules on the painting on aircrafts nationality and registration marks. The regulations arise out of section 82 of the Civil Aviation Act, 2013.
18th June, 2013 41 Kenya Roads (Kenya National Highways Authority) Regulations, 2013(L.N.  86/2013) These regulations, issued by the Authority under section 22 (2) (d) and 46 of the Kenya Roads Act, set out the law on load limits, weighbridges and use of road reserves.
18th June, 2013 45 Insurance (Insurance Appeals Tribunal) Rules, 2013(L.N. 111/2013) These rules issued under section 169 (6) of the Insurance Act, create a tribunal to hear appeals under the Act, Cap 487.
18th June, 2013 45 Public Procurement and Disposal (Preference and Reservations) (Amendment) Regulations, 2013(L.N. 114/2013) These regulations require public procuring entities to  allocate at least thirty percent of its procurement spend to goods, works and services from SMEs owned by youth, women and persons with disability. The regulations are given under section 140 of the Public Procurement and Disposal Act, 2005.
18th June, 2013 46 Capital Markets (Real Estate Investment Trusts)(Collective Investment Scheme) Regulations, 2013(L.N. 116/2013) Persons intending to invest in real estate trusts ought to familiarize themselves with these regulations.  They are issued under section 12 of the Capital Markets Authority Act, Cap 485A.
12th July, 2013 47 Constitution   of   Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013(L.N. 117/2013) The rules apply to all Article 22 proceedings and have the objective of ensuring access to justice under Article 48.Christened the “Mutunga” rules, these rules have succeeded the Constitution   of Kenya (Supervisory Jurisdiction and Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice and Procedure Rules, 2006 widely known as the Gicheru Rules.

[1] See the Court of Appeal decision in Mumo Matemu v Trusted Society of Human Rights Alliance & 5 Others [2013] eKLR

 

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