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 legislations contact DLCI at info@dlci-hoa.org.

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Legislation
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Summary Status Concerns Recommended Actions

Climate change act (No.11) 2016 An act of Parliament to provide for a regulatory framework for enhanced response to climate change; to provide for mechanism and measures to achieve low carbon climate development, and for connected purposes Passed Follow up on implementation
National Drought Management Authority Bill 2013 An Act of Parliament to establish the National Drought Management Authority, to provide for the membership, powers and functions of the Authority etc. Passed Follow up on implementation
The Water Bill 2014 (with amendments July 2015) An Act of Parliament to provide for the regulation, management and development of water resources, water and sewerage services; and for other connected purposes Passed in 2016, County water and sanitation bills are drafted. Implementation and practicality Follow up on implementation plans and progress
Livestock bill 2015 Draft Only looks at Livestock Authority Enter recommended action here
Irrigation bill 2015 An act of Parliament to amend and consolidate the law relating to sustainable development and management of irrigation for the socio- economic development in the country; to align existing irrigation laws to the Constitution of Kenya 2010, to repeal the Irrigation Act, Chapter 347 Laws of Kenya. Bill passed by senate assembly in 2nd reading date 29/07/2015. 3rd reading?? Lack of consultation. Too much control by national government. Provides for massive increase in irrigation in ASALs without learning lessons of the past water and land consideration, independent social and environmental impact assessments. Block, raise concerns, mobilize county Ag ministers
Basic education Act amendment An Act of Parliament to give effect to Article 53 of the Constitution and
other enabling provisions; to promote and regulate free and compulsory
basic education; to provide for accreditation, registration, governance
and management of institutions of basic education; to provide for the establishment of the National Education Board, the Education Standards & Quality Assurance Commission, and the County Education Board etc.
Passed and enacted
Petroleum exploration, development and production bill An Act of Parliament to provide a framework for the contracting, exploration, development and production of petroleum; cessation of upstream petroleum operations. Sponsored by Hon Aden Duale EGH,M.P, Dated 11/08/2015 and maturity date is 24/08/2015. Passed and enacted.  

 

Contract disclosure. CS discretion too high for contracts that can last 20 years. Borrowing against future revenues. Transparency and accountability in revenue management.
Energy Bill 2015 An Act Parliament to consolidate the laws relating to energy, to provide for National& County Government functions in relation to energy, to provide for establishment, powers and functions of the energy sector entities; promotion of renewable energy; exploration, recovery and commercial utilization of geothermal energy; regulation of midstream and downstream petroleum and coal activities; regulation, production, supply and use of electricity and other energy forms; and for connected purposes. Passed by Parliament. Proposals on how revenues should be spent to benefit local communities done. Proposals on how revenues should be spent to benefit local populations done, need to check if the concerns were incorporated in the implementation. Proposals on how revenues should be spent to benefit local populations done, need to check if the concerns were incorporated in the implementation.
Mining Bill 2016 An Act of Parliament 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 and for related purposes. Amendments with senate committee. To be further discussed by joint committee of senate and national assembly before it goes to president for assent. Passed by parliament and senate returned for comments to be addressed. Proposals on how revenues should be spent to benefit local populations under discussion The government should not be borrowing against future revenues. Advocate for government to stop borrowing against future revenues from mining.
Natural resources (classes of transactions subject to ratification) bill, 2015 This bill gives effect to Article 71 of the Constitution which requires Parliament to enact legislation to provide for the classes of transactions subject to ratification on account of the fact that the transaction involves the grant of a right or concession by or on behalf of any person to another person for the exploitation of a natural resource of Kenya. The bill was passed and published in the Kenya gazette The CS for environment has powers in implementing the ACT, with power to consider parts of transactions confidential and out of public scrutiny. Follow up to ensure community concerns are addressed and that they are aware of transactions relating to natural resources in their counties.