Kenya faced the most heated political events due to the just concluded General Election in 2017. A lot of focus was given to the polls and perhaps that is why the legal reforms were not as many as previous years.
One of the sectors that were affected by legislative reforms is the health services sector which saw a number of new laws.
There was the Clinical Officers Licensing Act and the Occupational Therapists Licensing Act, all of which provided for the training and licensing of these workers in the sector.
However, of great relevance in terms of legislative reform in the sector, is the Health Act 2017.
This Act has seen the setting up a number of institutions to deal with varying factors in the health industry. The Act is quite detailed and its main aim is to harmonise laws related to health as well as ensure coordination between national and county governments.
This law makes a good read for anyone in the health services sector. However, it is interesting that despite this law having been passed, the doctors and nurses strike took place early last year.
We do hope that a number of issues affecting the sector shall be resolved through this law.
Several laws were also passed last year to reform the financial services, commerce and trade sector. The Nairobi International Financial Centre Act seeks to make Kenya competitive globally.
A number of key institutions have been suggested in the new law. Some of them are multi-lateral agencies comprising various representatives from the financial services sector.
It is a fairly simple Act and would be a good read for one wishing to understand the financial services sector in Kenya and furthermore, one wishing to predict the direction at which the sector shall move.
The institutions would be key to observe in this regards.
My two favourite laws from last year were the Moveable Properties Securities act and the Kenya Trade Remedies Act. When implemented the Act will help persons in Kenya have better access to credit. This is because the Act allows the use of a movable property as security.
Traditionally, Kenyan lenders have insisted on land and other high-capital assets as collateral for loans.
I am passionate about intellectual property rights and therefore, I am happy that this law allows one to use these rights as security.
This means for willing lenders, it will now be possible to borrow money against your ideas provided that you have secured intellectual property rights for the same.
The Trade Remedies Act was necessary for Kenya. In brief, a trade remedy would be applied where the domestic industry of a country is threatened by cheap imports from another country.
There are a lot of treaties and laws that Kenya was a signatory to and which allowed for the application of trade remedies.
However, I do appreciate the fact that having our own trade remedies Act, further strengthens usage of trade remedies.
One of the things that are provided in the law, is regulation of dumping. A number of Kenyan infant industries had in the past been affected by cheap imports. For instance, our textile industry which was affected by the importation of cheaper second-hand (mitumba) clothes.
In 2018, we hope to see the passage of a number of pending laws including the Urban Areas and Cities Amendment Act, cybersecurity laws, local content Bill and child laws.
Have a prosperous 2018.
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