The Various Amendments brought forth by Statute Law (Miscellaneous Amendments) Act 2024
The Various Amendments brought forth by Statute Law (Miscellaneous Amendments) Act 2024
Statute Law (Miscellaneous Amendments) Bill, 2024 was signed into law in 2024 to amend various provisions of different acts of parliament. The acts that were amended include:
| Act Name | Amendment |
| The Notaries Public Act | The Chief Registrar of the judiciary by virtue of this amendment henceforth assumes the power to to enroll notaries public and issue annual certificates to them. This was previously the function of the Registrar of the High Court. |
| The trustees (Perpetual Succession) Act | The Registrar of Companies will henceforth be responsible for the registration of trusts in Kenya, a function that was previously undertaken by the Principal Registrar of Documents. This gives the Registrar of Companies the power to issue certificates of incorporation of trusts, maintain the register of trusts, issue searches in respect of trusts and make regulations under the Trustees (Perpetual Succession) Act.
Applications for trust registration will now use Form TR-1, along with:
This amendment also eliminates the necessity for trusts to provide/issue a common seal alongside their regulations for registration purposes. This is in alignment with the amendments to the Companies Act, 2015, which abolished the requirement for companies to possess common seals. The fees associated with trust incorporation will be KES 10,000, while the cost for conducting and obtaining a trust search will be KES 500. |
| The Office of the Attorney General Act | The Act has introduced the Advisory Board of the Office of the Attorney General which will advise the Attorney General on the recruitment, appointment, promotion, remuneration and discipline of the Deputy Solicitors-General, state counsels and other staff of the Office of the Attorney General.
The human resource management in the AG’s office will therefore no longer be the mandate of the Public Service Commission but rather on this newly established board. The membership of the board shall comprise of Attorney-General as chairperson together with the Principal Secretaries of Public Service and the National Treasury, the chairperson of the Public Service Commission, the president of the Law Society of Kenya and the chair of the Council of the Institute of Human Resource Management.
The Act also introduces the seal of the Office of the Attorney General which shall confirm that the documents have been duly authorized by the Attorney General. |
| The oaths and statutory Declarations Act | The Chief Registrar of the Judiciary replaces the Registrar of the High Court as the custodian of the roll of the commissioner of oath for advocates.
Furthermore, Registrars and Deputy Registrars from superior and subordinate courts, along with magistrates, can now administer any oath or affirmation or take any affidavit or statutory declaration under the Oaths and Statutory Declarations Act. Before, only specific court officials could do this, but now all registrars and deputy registrars across all court levels can. |
| Advocates Act | The role of the Council of the Law Society of Kenya has been expanded to enable them make rules governing the admission of advocates to the bar. |
| Sexual Offences Act | The amendment allows the Chief Registrar of the Judiciary to assume custody and maintenance of the register of convicted sexual offenders. |
| The Privatization Act | The Privatisation Authority has been stripped of the power of preparing long-term divestiture sequence plans. |
| Public Holidays Act | Through the amendment, the 10 October holiday has now been named Mazingira Day which will serve as an opportunity for citizens to actively engage in environment conservation activities towards protecting and preserving the environment for future generations. |
Note- Any information provided herein does not amount to legal advice. It is solely for general information.
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