Stakeholders voice support for Business Law Bill, propose further amendments

Stakeholders voice support for Business Law Bill, propose further amendments

𝐏𝐚𝐫𝐥𝐢𝐚𝐦𝐞𝐧𝐭 𝐁𝐮𝐢𝐥𝐝𝐢𝐧𝐠𝐬, 𝐍𝐚𝐢𝐫𝐨𝐛𝐢 𝐂𝐨𝐮𝐧𝐭𝐲,
𝐓𝐮𝐞𝐬𝐝𝐚𝐲, 𝐍𝐨𝐯𝐞𝐦𝐛𝐞𝐫 𝟐𝟔, 𝟐𝟎𝟐𝟒

The Committee on Trade, Industry, and Cooperatives, chaired by Hon. James Gakuya (Embakasi North), continued receiving public views on the Business Laws (Amendment) Bill, 2024. 

The Bill, sponsored by Majority Leader Hon. Kimani Ichung’wah (Kikuyu), seeks to amend various business-related statutes.

A majority of participants in the public hearings expressed their approval of the proposed amendments, while others provided additional suggestions to improve the Bill.

During the hearings, the Committee reviewed proposed changes to the Standards Act (Cap. 496) and the National Electronic Single Windows Systems Act (Cap. 485D).

Clause 22 of the Bill proposes amendments to the Standards Act to establish manufacturing standards.

A legal officer from the Kenya Bureau of Standards (KEBS), Ms. Victoria Musyoka, supported the proposal but recommended stricter provisions to protect consumers.

“The Act doesn’t provide for obligations of manufacturers, which will encourage self-regulation to enhance product compliance and protect the consumers," she observed. 

However, Mr. Martin Chesire, former CEO of the Kenya Accreditation Service (KENAS), raised concerns about the clause on manufacturing standards. 

He stated that it is ambiguous and suggested its deletion. He proposed shifting the focus to product standards rather than identifying specific manufacturers or market participants.

The Committee also received submissions from Mr. David Ngarama, CEO of the Kenya Trade Network Agency (KenTrade), who proposed further amendments to the National Single Windows Systems Act. 

The Act currently empowers the Cabinet Secretary to exempt certain user categories from paying prescribed fees. 

,“There is a need for developing conditions to define how the Cabinet Secretary exercises this power and which user categories may be exempted," emphasized Mr. Ngarama.

Representatives from the Alcoholic Beverages Association of Kenya (ABAK) called for amendments to the Anti-Counterfeit Act, which is not currently covered by the Bill. 

“As an association, we want the Act amended to compel all importers and manufacturers of alcoholic drinks to show proof of authorization by the brand owner to import and sell the product locally, urged ABAK Chairperson Eric Githua.

The public participation process will continue tomorrow, Wednesday, November 27, 2024, starting at 10:00 a.m. and concluding at 5:00 p.m. 

Hon. Gakuya invited all members of the public to contribute, stating, “All members of the public are welcome to give their views on this important Bill.”

Business related statutes being subjected to Public Participation by the Committee include the Scrap Metal Act (Cap. 503) and the Special Economic Zones Act (Cap. 517A).

Others are the Kenya Industrial Research and Development Institute Act (Cap. 511A), and the Kenya Accreditation Service Act (Cap. 496A).