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Kenya Policy Tracker

This policy and legislation tracker provides summaries, status, and concerns for critical policies of concern to dryland areas of Kenya, and recommended action. For comments, questions or updates on these legislation contact DLCI at info@dlci-hoa.org.

This is a database of key reference documents by different authors and organizations on critical issues for resilience in the drylands of the Horn of Africa. They have also been categorized according to DLCI subject areas, which can be found at: (click to download).

This database is no means comprehensive but aims to provide a useful resource for people new to the region or the drylands. Suggestions on additions and comments to this database are welcome and can be sent to info@dlci-hoa.org.

Legislation Content Status Concern/Recommendations Documents
LAND
Land Value (Amendment) Act, 2019 The Land Value (Amendment) Act provides key provisions on the assessment of the value of land acquired compulsorily and the forms of compensation given. The Act also establishes a land acquisition Tribunal to hear and determine issues arising from the land acquisition process.

Land Value (Amendment) Act no.15, 2019. 

Date of Assent: 2nd of August 2019.

Date of Commencement: 19th of August 2019

Section 3(c) of the Act fails to provide the format in which information should be provided in the notice of intention to acquire land.

Section 107A: raises several concerns: Community lands, like freehold land being valued based on the provisions of section 107A and the Land Value Index

The National Land Commission has not been included in the development of the Land Value Index

Under Section 107A (6) the degree of urgency, the inconvenience caused to affected persons and the damage likely to be caused to the land after the gazettement of the notice of intention to acquire land shall not be considered when valuing land

The requirement to be in actual occupation of land for an uninterrupted period of six (6) years does not take into consideration pastoralists way of life.

Provision for different forms of compensation without imposing an obligation on the Commission to sensitize the affected individuals

The provision allowing NLC to take possession of acquired land after an award is made, but before the payment of compensation

Recommended Action: to test the constitutionality of the provisions of this Act in a court of law or to appeal to parliament to make further amendments to the Act.

Land Value Index Laws (Amendment) Bill, August 2019
Land (Amendment) Bill, August 2019 The Land (Amendment) Bill is an Act of Parliament to amend the Land Act no. 6 of 2012, the bill seeks to provide for the registration of Public land and stopping Public land grabbing by the private sector

Passed and signed into law by the President, July 2019

The Bill seeks to amend the Land Act so as to provide for the registration of public land and land set aside for public purposes.

The Bill does not concern County Governments in terms of Article 110(1)(a) of the Constitution as it does not affect the functions and powers of County Governments recognized in the Fourth Schedule to the Constitution

Land (Amendment) Bill, August 2019
Community Land Regulations, 2017 The Regulations of the Cabinet Secretary for Land and Physical Planning implement provisions of the Community Land Act, 2016 with respect to, among other things, recognition, protection and registration of community land rights, community land management committees, registration of communities, conversion of community land, settlement of disputes relating to community land, conversion of group representatives, a national programme for public education and awareness on provisions.

Draft reviewed by the committee for delegated legislation and Passed in April 2018, Articles 23 and 24 have been annulled. Amendment gazetted on 31st August 2018, this date is the official effective date of the Community Land Act commencement

Perceived to have been done secretly and confusion over the commencement date means that County Governments were not informed and several counties submitted inventories of unregistered community lands in April 2019. The official due date for the inventories is the 23rd of February 2020.

National Newspapers are the proposed public notice platforms used, this form of awareness takes away obligations from duty bearers to ensure all interested parties such as community members living in rural communities to be adequately informed.

From the 11th of September 2019, national public awareness has been rolled out, Community Land Registrars appointed for 24 Counties and Community land registrations unit established and will be gazetted.

Community Land Regulations,2017
Physical Planning Bill, 2017 The Act provides the principles, procedures, and standards for the preparation and implementation of physical development plans at the national, regional, county, urban, rural and cities level and provision of the procedures and standards for development control and the regulation of physical planning and land use

Passed

Physical planning is too technocratic and preference is for National Land Use Bill.

Physical Planning Bill 2017
Community Land Act, 2016 Community Land Act was created to give effect to Article 63(5) of the Constitution. It provides for the recognition, protection, and registration of community land rights, the management, and administration of community land, and the role of county government in relation to unregistered community land.

High Court Petition no. 32 of 2017 filed by Kelly Malenya to have section 2 of the Community Land Act 2016 unconstitutional because of the word ‘include’ in definition was granted by Judge EC Mwita on 7th June 2019

Firstly, roll out strategy needs to promote the collective protection of community land and reciprocal resource agreement, not just registration. So ADR and roll-out strategy need to be developed.

There needs to be increased synergy between CSOs which would also help increase awareness of the CLA among the communities in Dryland areas.

There are a number of clauses within the act that need to be addressed, particularly in clause 6 (1-4) where it states that the County Government should hold compensation on behalf of communities until the land is registered. However, there is a general mistrust by both the communities themselves and even the National Land Commission.

Community Land Act, 2016
Land Use Planning Policy A policy that guides Kenya towards an environmentally and socially responsible use of land and land-based resources for the socio-economic transformation of the people of Kenya. Its mission is to promote the best land-use practices for optimal utilization of the land resources in a sustainable manner

Finalized and gazetted as a legal document and published

Land use planning policy is done in consultation with communities and considers ASAL issues (see DLCI land use planning brief)

Land Use Planning Policy
Legislation Content Status Concern/Recommendations Documents
PEACE AND SECURITY LEGISLATION
National Cohesion and integration(amendment) bill 2019 The principal object of this bill is to amend the national cohesion and integration act of 2008 to amend the procedure for appointing the commissioner under the act. This follows a judgment by the high court to the effect that section 17 of the act is unconstitutional

Waiting for Presidential assent

It is vital for the bill to be assented to by the president so that the commission is fully operational in the appointment of the commissioners. This has affected the work of the commission

National Cohesion and Integration (amendment) bill 2019
The Kenya Parliamentary Session Paper No. 5 2014 on National Policy for Peace Building and Conflict Management This policy is designed to bring Kenya back to stability and create sustainable solutions to conflict. It seeks to enhance the prevention, mitigation, and management of conflict.

Session Paper No. 5 (2014) was passed by the Parliament on 27th August 2015

It is vital that this policy is passed urgently and becomes an Act of Parliament

Resources need to be allocated in order to have an effective implementation that controls peace and conflict and does not affect development.

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National Policy on Small Arms and Light Weapons (SALW) The aim of the policy is to control and manage the proliferation of small arms and light weapons across Kenya and to reduce the demand for illicit SALW

Finalized and passed by the cabinet. However, it has not been presented to Parliament. Parts of the policy have been adopted administratively and implemented as such.

ASAL areas have vast areas that can not be policed, regional instability and long porous borders which have contributed to SALW proliferation in Kenya.

The National policy needs to be urgently passed as current legislation has only 2000KSh fine for possession of an illegal firearm

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Section 41 of the National Police Service Act (2011) establishes the County Policing Authority (CPA) The County Policing Authority (CPA) is a body that incorporates members of the County Government, security bodies and the citizens in security management at the county level.

Passed by Parliament and gazetted in January 2015

Under the CPA 47, Counties should establish their own CPA, but establishing the CPA in each of the 47 Counties has been a challenge.

This lack of implementation stems from the fact that security is a national government function and hence there is opposition for counties to take part in its management.

The increased instability in ASAL Counties, there is an urgency to implement this Act and allow counties to establish their own CPA.

Section 14 of the National Police Service Act (2011) establishes the county policing Authority (CPA)
The National Police Reserve (NPR) Policy The core function of the National Police Reserve policy is to provide protection for life and property, intelligence gathering, maintenance of law and order in ASAL areas and to participate in police operations.

Finalized and passed by the Cabinet.

The National Police Reserve (NPR) Policy has not been presented to Parliament.

Sections of the policy have been adopted administratively and implemented as such.

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Firearms Act, 2012 The Act regulating, licensing and controlling the manufacture, importation, exportation, transportation, sale, repair, storage, possession, and use of firearms, ammunition, air guns and destructive devices and for connected purposes.

Finalised and passed

There was an amendment of the firearms Act in 2014 but the amendments were annulled by the high court as it was found to be non-constitutional.

Firearms Act, 2012
Legislation Content Status Concern/Recommendations Documents
MARGINALISED GROUP, GENDER AND EDUCATION BILLS
Representation of Special Interest Groups Bill, 2019 The Bill gives effect to Article 100 of the Constitution, to promote the representation of women, persons with disabilities, youth, ethnic and other minorities, and marginalized communities and for connected purposes.

Went through the National assembly 4th of July 2019

The bill will ensure that Article 27 is achieved

If enacted into law the bill will require for Parliament to meet the two-third gender rule and candidates from political parties that do not meet the gender rule will not be accepted.

Also, to ensure that women, youth and persons with disability also are represented, the bill proposes that 20% of the political parties’ cash be distributed according to the number of special interest groups elected

Representation of Special Interest Groups Bill, 2019
The Kenya Uwezo Fund Bill, 2019. The Bill aims to provide for the establishment of the empowerment fund for youth, women, and persons with disabilities, to consolidate the Uwezo Fund, the Women Enterprise Fund and the Youth Enterprise Development Fund into one Fund.

The Bill was introduced by the National Assembly on the 17th of June, 2019.

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The Kenya Uwezo Fund Bill, 2019
National Disaster Management Authority Bill, 2019 The objective of the Bill is to establish a centralized system of responding to and managing disasters in the country. Kenya has experienced many disasters over the years and the response to disasters has been uncoordinated, resulting in some victims having more aid than others due to the uncoordinated approach of responding to disasters

Introduced to the National Assembly on the 29th of March 2019.

The solution to managing a disaster in Kenya is through the establishment of the National Disaster Management Authority which is the main body dealing with disaster management in the country.

National Disaster Management Authority Bill, 2019
Second Policy and Criteria for sharing Revenue Among (CRA) Marginalized Areas The aim of the policy is to identify marginalized areas and determine the criteria for sharing revenue from the Equalisation Fund among the marginalized areas. It's addressing extreme forms of marginalization arising from barriers in relation to access to public services such as water, education, road, electricity and health facilities. It focuses on 34 counties as new beneficiaries of the fund.

CRA has developed the second marginalization Policy (2018-2022). Council of Governors petition Fund Regulation gazetted by the CS National Treasury. Court agreed with Governors, AG has appealed against the ruling. Meanwhile, in Parliament the Equalization Fund Bill sponsored by a member of PPG Hon. Kamket, MP Tiaty received overwhelming support

It will undermine the original intention of the Equalisation Fund to address historic marginalization of the pastoralist area and bring services up to the level of the rest of the country.

Second policy and criteria for sharing revenue among(CRA) marginalized Areas
Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill, 2018 The aim of the bill is to establish a framework for the preservation of human dignity, for the promotion, monitoring, and enforcement of economic and social rights, to establish mechanisms to monitor and promote adherence by county governments to Article 43 of the Constitution by Kenya National Commission on Human Rights.

Introduced in the Senate and undergoing Second Reading in November 2018

The national and county government have to formulate policies and legislation that will promote the realization of socio-economic rights, and ensure availability, accessibility, adaptability, and acceptability of services that would facilitate the realization of socio-economic rights.

The main body mandated with responsibility for the enforcement of the Act is the Kenya National Commission on Human Rights.

It would be interesting to see how the two bodies of government work and how the Kenya National Commission on Human Rights mandates this bill when it becomes an Act of Parliament.

Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill,2018
Sexual Offences Act 2006, Children’s Act 2012 also gender Bills awaiting enactment by Parliament, the Domestic Violence Bill These legislations are key developments geared at gender equality and protection

Passed. Domestic Violence Bill still awaiting enactment

The 2010 Constitution of Kenya places significant emphasis on human rights, equality and justice, and has established independent commissions to oversee the protection of particular rights and freedoms. Such as the National Gender and Equality Commission (NGEC)

Still, only a few legislations have been enacted which is aimed at addressing issues that affect women and girls.

This is due to long legislation processes and a lack of commitment to ensure that legislation that gives women equal opportunities in society is given parliamentary priority.

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Basic Education Act Amendment, 2017 The object of this Bill is to amend the Basic Education Act, No. 14 of 2013 to provide for the establishment of Public-Private Partnership schools, as a category of schools in Kenya apart from the public and private schools.

Passed by the National Assembly 30th of May 2017

The Bills aims to improve the quality of education service delivery in Kenya since Public-Private Partnership sponsored schools to bring together the reach of the Government system with the innovation of the private sector so as to improve the quality of the education system as a whole.

The concern is that NACONEK has not got the resources or power to make an impact on education in ASAL areas

No funding for distance education

The limited reach of adult literacy

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The Public Finance Management (National Drought Emergency Fund) Regulations, 2018 The National Drought Emergency Fund was developed for the purpose of improving the effectiveness and efficiency of drought risk management systems in Kenya as well as to provide a common basket of emergency funds for drought risk management.

Drought Emergency Fund was established through the Senate bill that was sponsored by a member of PPG and passed.

National Drought Emergency Fund reflects a shift in Government policy whereby the focus is on drought risk management.

Creating a fund for drought shows that the Government has taken the action early to protect the lives and livelihoods of its population and avoid the high cost of emergency response.

Regulation for operation and management of the Fund has been developed.

There are issues of mandate overlap of institutions that are required to oversee the fund, the Attorney General has provided a legal opinion on the way forward.

The Public finance Management Regulation, 2018
LAPSSET Lamu Port-South Sudan-Ethiopia Transport Corridor Projects LAPSSET is a transport and infrastructure project in Kenya, when completed it will be Kenya’s second transport corridor.

The construction of any of LAPSSET’s main components is yet to begin.

There is an assumption that land is unoccupied and therefore not eligible for compensation.

Although a recent announcement stating that compensation will be given for registered community land.

However, conflict in some areas e.g. Meru have already begun, needs much more community consultation and awareness-raising.

Activities by CSOs not coordinated.

Look at the inter-generational benefits, how can future generations benefit and transit fees for communities that own the land.

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Isiolo Mega Dam (Crocodile Jaw Dam) The Crocodile Jaw Dam will be built on Ewaso Ng’iro River at Oldonyiro in Isiolo County. the dam was intended to regulate the flow of the Ewaso Ng’iro river to provide a continuous water supply to Isiolo resort city as the counties downstream. It is one of the projects under the LAPSSET projects.

Plans to re-do

Lack of public consultation led to protests at ESIA

Ewaso Ng’iro River is the lifeline for pastoralist and there is a concern from the communities and civil society that the dam will be depleted, affecting residents downstream which will impact their livestock.

Water in the region is already scarce and many other counties and livestock depend on the river if the water supply is reduced it may lead to more conflict in the region.

More public participation is needed.

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Mui Basin coal plant project in Kitui County The Mui basin has coal deposits with an estimated value of Sh3.4 trillion, this discovery aims to make Kenya an industrial center.

The coal mining project in Kitui County is currently stalled after residents have petitioned against the project to the National Assembly Energy Committee

The project will have major implications in ASALs as many of the 40 mines that are linked are there e.g. Garissa and Tana River.

Resident in the area have petitioned against the project stating that it will have irrevocable effects on their health and the environment

They also argue that there was no public participation or civic education on what to expect from the project.

The government entered a mining contract with the Chinese mining company, Fenxi Industry before conducting an Environmental Impact Assessment.

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The National Integrated Identity Management System (NIIMS) also known as Huduma Namba was established through changes made in the Registration of Persons Act, 2014 via a Miscellaneous Amendments Bill NIIMS is intended to create and operate a national population register as a single source of information about citizens.

Came into force on the 18th of January, 2019

The government will collect data such as biometric data, GPS location, DNA, land registration numbers. The system also merges several registers including the National Transport Safety Authority register that captures individual’s vehicles and driving history, civil registry (births and deaths), registration of person register that has ID details, and immigration register that has passport details.

The government stated that no one will access government services without a Huduma Namba. This is a violation of fundamental rights under the bill of rights, risking communities from ASAL areas to face further discrimination.

No clarity in the law of who is in charge of the data, what data can be accessed and by whom, and whether citizens give their consent if the data is shared.

Lack of data protection will leave people at risk of data breaches.

This is unconstitutional and needs to be amended, more pressure needs to be placed on parliament.

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The National Council for Nomadic Education in Kenya (NACONEK) Bill NACONEK is a semi-autonomous government agency established under section 94(1) of the Basic Education Act, 2013

A Draft Bill was developed by NACONEK in 2018 and a member of PPG members agreed to sponsor the Bill

NACONEK to finalize the Bill and hand it over to the Sponsoring Member of Parliament, MP Wajir East. Hon. Rashid Kassim.

There is a lot of concerns about the new policy of lowering entry grades for Diploma courses and PI teachers Training. Teacher management by TSC in dryland areas. TSC removed all union teachers from NEP siting insecurity and all public schools in three Counties of NEP remained closed for one term due to lack of teachers

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Persons with Disability Bill, 2015 The Bill seeks to repeal and replace the Persons with Disability Act 2003. The review is essential in order to take into account the provisions of the Constitution of Kenya 2010 and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

The Bill is being drafted

Needs to be relevant for ASAL areas

Provided for the recognition of the role of the counties with regards to PLWD

Expansion of affirmative action measures.

The right to legal capacity, punitive measures for crimes against PLWD.

People with albinism to be recognized as PLWD.

Incentives to manufacturers to provide for devices used by PLWD.

Persons with Disability Bill, 2015
Prohibition of Female Genital Mutilation (FGM) Act, 2011 The Act aims to prohibits the practice of female genital mutilation, sets punishments of not less than 3 years imprisonment or 200,000KES fine for aiding or enabling FGM and not less than 6 months imprisonment or 50,000KES fine for using derogatory or abusive language against a woman who has not undergone FGM and life imprisonment for a person who may cause the death of another.

Assented into law, 30th of September 2011

More active people needed in the Anti-FGM Board.

The Anti-FGM technical working committee has not been formulated.

The anti-FGM campaign should be taken to the village level with official representations at the county or sub-county level.

Prohibition of Female Genital Mutilation (FGM) Act, 2011
Legislation Content Status Concern/Recommendations Documents
LIVESTOCK BILLS
Livestock and Livestock Products Marketing Board Bill, 2019 As the regulation of the livestock industry is currently uncoordinated, the aim of the Bill is to streamline the marketing of livestock and livestock products in Kenya.

2nd reading complete, public participation ongoing

Regulation is carried out by different entities leading to duplication and competition among the various entities

Resulting in poor service delivery by the entities and thus the main beneficiaries of the industry are the middlemen as opposed to the livestock farmers

The streamlining of the industry is to be achieved through the establishment of the Livestock and Livestock Products Marketing Promotion Board which is to be the main body dealing with the concerns of the marketing of livestock and livestock products in the country

Livestock and livestock Products Marketing Board Bill, 2019
Revision of the National Livestock Policy, 2008 (Sessional Paper No. 2 of 2008) This policy framework recognizes the major stakeholders in the livestock sub-sector and proceeds to define their respective roles.

Stakeholder validation ongoing

There is a need for broader stakeholder engagement, including the counties and intergovernmental authority

Need to emphasize pastoral livestock, coherence, and viability of abattoirs and plan to have an export zone in Tana River

Needs more explanation on the synergy between wildlife and livestock

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Kenya Livestock Products Development and Promotion Board Policy The policy aims to promote export markets in Qatar, Kuwait, etc. and help promote ISO standards also strengthen the Kenya Livestock Product Export Association.

President passed an executive order to form this body. The 3rdreading was adjourned. A new bill has now been drafted and taken over by the MP for Mandera North. Hon. Bashir Abdullahi has passed through the Budget committee in 2018 and Treasury. Waiting to be introduced to the House

Money allocated for the board was spent

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DRAFT Livestock Insurance Policy Due to risks associated with livestock farming, only a few firms offer livestock insurance mainly covering high-value animals such as dairy cattle, horses and companion animals. There is limited awareness of insurance products; high cost of premiums and delivery of insurance services, especially in the ASALs.

Agreed that it will be drafted

The National and County Government will in collaboration with stakeholders, establish sustainable and accessible livestock insurance schemes.

Promote and encourage private sector investment in livestock insurance

Has not gone passed the drafting stage.

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Livestock Identification and Traceability (LIT) Policy, Draft 2016 LIT provides for the management of herd/ flocks, animal health programs, and food safety.

Drafted, needs stakeholder engagement. Ministry has developed timelines. Regulation has been gazette and will be anchored on new Animal Health Bill 2019

Ensures identification of livestock through a market chain to promote marketing•Ensure that there is an alignment of the draft policy with industry best practices for LITS Needs fast-tracking

Call for a stakeholder forum to discuss the draft Policy

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National Rangeland Strategy -

Consultation in Isiolo in March 2019

Need for CSO consultation and linkage to county rangeland management protocol, livestock strategy, and spatial planning

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Vet policy, Drafted 2016 -

Passed and reviewed but then Poisons and Pharmacy Draft

Private sector provision with government focus on diseases surveillance and response,

Need for Counties to fund outreach

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Legislation Content Status Concern/Recommendations Documents
NATURAL RESOURCE BILLS
Energy Act, 2019 The Act consolidates the laws relating to energy, to provide for National and County Government functions in relation to energy, to provide for the establishment, powers and functions of the energy sector.

Bill passed by the National Assembly in August 2018 and assented to by President on 13th March 2019.

The Regulatory Authority: a separate authority for Energy and a Separate Authority for Petroleum

Revenues need parliamentary approval before CS can increase or decrease royalty from geothermal projects

Information Disclosure and Public Participation, inform communities of activities before granting geothermal licenses; also Ministry and Regulator should proactively disclose information

Consider the status of community (marginalization) and microeconomic impacts of projects before granting licenses

Energy Act, 2019
Wildlife Conservation and Management (Amendment) Bill 2017 Wildlife Regulations (19) of them The Bill seeks to amend the Wildlife Conservation and Management (Amendment) Bill, 2013, and provide clarity for the effective implementation of the Act.

Bill passed by the National Assembly in August 2018 and assented to by President on 13th March 2019.First sponsored by the national assembly committee on Environment and Natural resources in 2016;

Currently, Bill being moved by the Ministry of Tourism and Wildlife, Ministry has proposed Miscellaneous amendments, pending other amendments through the Wildlife (Amendment) Bill;

A Statute Law (Miscellaneous Amendment Bill) No. 12 of 2018

Removal of communities from the KWS board and the proposed governing body of the Wildlife conservation trust fund thus de-linking them from national wildlife governance;

The re-structure of County Wildlife Conservation and Compensation Fund from 47 to 8 is likely to affect devolution of wildlife governance;

Communities through conservancies to have representation in KWS board and the governing body of the proposed Wildlife Conservation Trust Fund;

Other recommendations are clarity of terms related to community conservation;

Finalization and gazetting of regulations to enable implementation of the Wildlife Act

Wildlife Conservation and Management (Amendment) Bill 2017
Petroleum (Exploration, Development, and Production) Bill, 2017 Provides a framework for the contracting, exploration and development of petroleum together with the production of petroleum discovered within the licensed petroleum exploration blocks. The Bill also provides a framework for cessation of upstream petroleum operations

Bill passed by the National Assembly in August 2018 and assented to by President on 13th March 2019.

The Regulatory Authority: a separate authority for Energy and a Separate Authority for Petroleum

Ratification of PSCs: Parliament must ratify all PSCs before signing even if PSC is only for exploration

Revenue, there should be periodic financial audits and CS should table report to Parliament

Environment, there should be an EIA License for a Non-Exclusive Exploration Permit

Petroleum (Exploration, Development, and Production) Bill, 2017
Natural Resources (Classes of Transactions Subject to Ratification) Act, 2016 The Act provides for the agreements relating to transactions on natural resources are to be ratified by Parliament. The Act applies to national, county governments, state organs and all county government entities

Passed and came into force on 4th October 2016

The limits have been set too high

It does not address socio-economic objectives such as ownership rights to the resources on the land and the rights of the landowner.

Natural Resources (Classes of Transactions Subject to Ratification) Act, 2016
Mining Act, 2016 The purpose of the Act is to give effect to Articles 60, 62 (1)(f), 66 (2), 69 and 71 of the Constitution in so far as they apply to minerals; provide for prospecting, mining, processing, refining, treatment, transport and any dealings in minerals.

Assented by the President on 6th May 2017

Ownership of the minerals is vested in the National Government in trust for the people of Kenya, but the government should not be borrowing against future revenues.

Mining Act, 2016
National Sovereign Wealth Fund Bill, 2014 Provides the legal framework for managing oil and gas wealth from the discovered resources.

Being drafted

Should not allow borrowing against revenues, and should ensure communities receive adequate benefit

Natural Sovereign Wealth Fund Bill, 2014
Natural Resources (Benefit Sharing) Bill, 2014 The aim of the bill is to establish a system of benefit sharing in resource exploitation between resource exploiters, the National government, County governments, and local communities; to establish the Natural Resources Benefits Sharing Authority

Passed by the two assemblies but the President returned. Bill passed with amendments and referred to the National Assembly (in June 2015).

Concerns around % share for communities and counties, suggestions that community land management committees may administer it once established

Natural Resources (Benefit sharing) Bill, 2014
Legislation Content Status Concern/Recommendations Documents
ASALs BILLS
Equalization Fund Bill, 2019 The Equalisation Fund Bill aims to operationalize Article 204 of the Constitution, to establish structures of directly administering the Equalization Fund and for connected purposes

The draft is ready and sponsored by a member of PPG

National workshop to sensitize about the bill in July 2019

In October 2019 under the Public Finance Management Act and in exercise of the powers conferred to by Section 4.1 of the guidelines on administration of the Equalisation Fund established under Article 204 of the Constitution, the Cabinet Secretary for the National Treasury and Planning has appointed CEO of DLCI Jarso Mokku as one of the members of the Equalisation Fund Advisory Board.

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Equalization Fund – Constitutional Amendment Bill Equalization Fund – Constitutional Amendment Bill focuses on the regulations. PPG aims to develop an action plan that includes follow-ups with the Board and Treasury to release funds for completed projects and sponsor a bill to allow the parliament to review the regulation.

Bill passed by the National Assembly and senate. (See DLCI brief).

Need for more focus on new projects that reduce marginalization and particularly marginalized areas, not just counties.

Need for more transparency in the use of appropriated funds especially on the cost of administration.

Board needs to go beyond Principal Secretaries.

To consider the appointment of independent board

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State Department for ASALs strategic plan 2018-2022 The aim is to rebrand and position the Forum to play its intended role, as to think tank, community voice and RM outfit for the development of ASALs. The Forum will continue to be a voluntary membership organization bringing together all stakeholders with interests in the development of the ASALs.

Finalized

Most activities are being implemented by other institutions, no capacity to implement within SD ASAL, not innovative

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Legislation Content Status Concern/Recommendations Documents
AGRICULTURE, WATER AND IRRIGATION BILLS
Irrigation Act, 2019 The Act is intended to support sustainable food production, establishing the National Irrigation Development Authority (NIDA) and outlining the role of national and county governments in facilitating irrigation activities in the country.

Assented by the President on August 2019

Lack of consultation

Too much control by the national government

Provides for a massive increase in irrigation in ASALs without learning lessons of the past including water and land consideration, independent social and environmental impact assessments (see DLCI briefs)

Irrigation Act, 2019
Food Security Bill, 2017 The Bill ensures freedom from hunger and the right to adequate food of acceptable quality and the right of every child to basic nutrition

Bill passed by senate assembly in 2nd reading.

 

Despite famine and drought in ASAL areas, the Food Security Bill has been enacted

It is a matter of urgency that this Bill is passed to ensure that all Kenyans have access to food and the Government needs to take preventative measures to tackle food emergencies.

Food Security Bill, 2017
Revision of the National livestock policy, 2008 (Sessional paper No 2 of 2008) Undergoing review and currently it is in the Ministry being finalized before stakeholder validation to align it with the Constitution

Need to included devolved functions. There is need for broader stakeholder engagement – including the counties and intergovernmental authority

Engage Dr Wanga – SDL for more in-depth discussion going forward. Call for a stakeholder forum to discuss the revised Policy

 

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Livestock Identification and Traceability Policy, Draft 2016 Drafted, needs stakeholder engagement

Ensure identification of livestock through market chain to promote marketing. Ensure there is alignment of the draft policy with industry best practices for LITS through the private sector. Needs fast tracking

Call for a stakeholder forum to discuss the draft Policy

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Kenya Livestock Products Development and Promotion Board Policy Primary suggestion came from the review of parastatals in Kenya by the Abdikadir led commission. President passed executive order to form this body. Abdinoor made a private members bill. The 3rd reading was adjourned. Even its establishment was budgeted in the last budget, however adjournment of the 11th Parliament halted this process. A new bill has now being drafted and taken over by the MP for Mandera North. Hon. Bashir Abdullahi. It has passed through the Budget committee in 2018 and Treasury. Waiting to be introduced to the House

See policy brief by KMT – put link

Aim to promote export markets in Qattar, Kuwait etc and help promote ISO standards also strengthen the Kenya Livestock Product Export Association.

Money allocated for the board was spent

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National Livestock breeding strategy Awaiting ratification by the National Advisory Committee

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Vet policy, drafted 2016 Passed and reviewed but then Poisons and Pharmacy Draft

Private sector provision with government focus on diseases surveillance and response. Need for counties to fund outreach

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Legislation Content Status Concern/Recommendations Documents
GENERAL
2nd Marginalisation Policy and CRA formula CRA has developed the 2nd marginalization Policy (2018-2022) that now put more emphasis on improving fund implementation and focus target to deprived sub locations in 34 Counties as new beneficiaries of fund.

Concern that Equalization Fund is small and is aimed at targeting 1421 sub location in 100 constituencies may be thinly spread. County Government and PPG members not in agreement on the new policy focus

PPG is considering a parliamentary action that includes amendment to constitution to protect Equalization Fund Kitty allocation. FCDC is considering a judicial intervention on 2nd policy direction. Stakeholders want to see increase from 0.5 percent to at least 2-3% or get parliament to approve the national audited accounts to achieve desired impact on issues of marginalization in the original 34 beneficiary counties

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Draft Equalization Fund Bill sponsored by PPG Draft is ready and sponsored by member of PPG

Different opinions about the fund management expressed between Counties and national institutions

 

Mediation to resolve between the competing ideas and interests about the fund.

 

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