Kenya Law monitors, revises, consolidates and reports on evolving jurisprudence and the laws of Kenya including the tracking of legislation, circulars, gazettes, policies amongst other public legal information for the use of the public.
In the wake of the Corona Virus Disease 2019 (COVID – 19) pandemic that has ravaged the World over, Kenya has not been spared. COVID – 19 has affected the health, economic and social status of Kenya’s population.
In line with its mandate, Kenya Law has kept track of the various directives and legislation that the government has passed in tackling the COVID – 19 pandemic. The various presidential addresses on the state of interventions to cushion Kenyan’s against economic effects of COVID – 19 have had tremendous implications on legislative reforms in Kenya.
Below are directives, policies and laws that touch on public health, fiscal policies, social status (behavioural) and the administration of justice that have been passed, cited and used by the Government since the 13th of March 2020 when the 1st case of the COVID -19 was reported in Kenya.
A. Executive Orders:
i. President Uhuru Kenyatta assents to the Tax Laws(Amendment) Bill, 2020 on April 25, 2020
ii. President Kenyatta Urges Kenyans To Observe Government Directives On Coronavirus – April 7, 2020.
iii. Africa To Pursue Loan Waivers As Safeguard Against Adverse Economic Impact Of Coronavirus – April 4, 2020.
vi. President Kenyatta Convenes First Meeting Of Taskforce To Marshal Funds For Coronavirus Response – April 1, 2020.
v.Presidential address on the State interventions to cushion Kenyan’s against economic effects of COVID – 19 pandemic – March 25, 2020.
vi. Kenya Approves Roll Out of Google Loon 4G To Mitigate Coronavirus Work Disruptions – March 23, 2020.
vii. Press Statement: by H.E Uhuru Kenyatta, C.G.H, President of the Republic of Kenya and Commander-in-chief of the Defence forces – March 16, 2020.
B. Kenya Gazette
1. Kenya Gazette Supplement Number 48 issued April 20, 2020.
Pieces of Legislation
i. Legal Notice No. 59: Public Finance Management Act(No. 18 of 2012); Waiver of court fees in respect of commercial disputes
ii. Legal Notice No. 60: Public Finance Management Act (State Officers and Public Officers Motor Car Loan Scheme Fund)(Amendment) Regulations, 2020.
2. Kenya Gazette Supplement Number 46 issued April 17, 2020.
Pieces of Legislation
i.Legal Notice No. 57: Public Order(State Curfew) Variation Order, 2020
3. Kenya Gazette Supplement Number 47 issued April 17, 2020.
Pieces of Legislation
i.Legal Notice No. 58: Public Health (Covid- 19 Restriction of Movement of Persons and Related measures) Variation Rules, No. 2 of 2020
4. Kenya Gazette Supplement Number 41 issued April 6, 2020.
Pieces of Legislation
i. Legal Notice No. 50: Public Health (Covid-19 Restriction of movement of persons and Related Measures) Rules, 2020
ii. Legal Notice No. 51: Public Health (Covid-19 Restriction of movement of persons and related measures) (Nairobi Metropolitan Area)Order, 2020
iii. Legal Notice No. 52: Public Health (Covid-19 Restriction of movement of persons and related measures) (Mombasa County)Order, 2020
iv. Legal Notice No. 53: Public Health (Covid-19 Restriction of movement of persons and related measures) (Kilifi County) Order, 2020
v. Legal Notice No. 54: Public Health (Covid-19 Restriction of movement of persons and related measures) (Kwale County) Order, 2020
5. Kenya Gazette Supplement Number 39 issued April 3, 2020.
Pieces of Legislation
i.Legal Notice No. 49: Public Health (Prevention, Control and Suppression of Covid- 19)Rules, 2020.
6. Kenya Gazette Supplement Number 30 issued March- 26, 2020.
Pieces of Legislation;
i. Value Added Tax Act 2013, No. 35 of 2013 Legal Notice No. 35:The Value Added Tax (Amendment of the Rate of Tax) Order, 2020.
ii. The Public Order Act, Cap. 56 Legal Notice No. 36:The Public Order (State Curfew) Order, 2020.
Kenya Gazette Number 2357 of 2020 issued March 21, 2020, on Practice Directions on Electronic Case Management, made pursuant to Articles 159 (2) and 161 (2) (a) of the Constitution, section 10 of the Judicature Act and section 81 (3) of the Civil Procedure Act.
Pieces of Legislation:
i. Constitution 2010, Article 159 (2) and Article 161 (2) (a).
ii. Judicature Act, Section 10.
iii. Civil Procedure Act, Section 81 (3) Directives and Circulars on the Administration of Justice
Contact details for officers to facilitate operations in all Courts during the Covid-19 scaled-down period
1. National Council on the Administration of Justice
i. Judiciary to upscale justice delivery through increased use of technology; to delay resumption of open court activities by the Hon. Justice David K. Maraga, EGH, Chief Justice and Chairman of the National Council on the Administration of Justice issued – 21st April, 2020
ii. Chief Justice Press Statement: Continuing Review of Justice Sector Operations in the wake of Covid- 19 pandemic -April 15th, 2020
iii. National Council on the Administration of Justice statement on justice sector operations in the wake of COVID – 19 operations -April 1st, 2020.
iv. National Council on the Administration of Justice measures implemented by the justice sector to prevent the spread of the coronavirus -March 19, 2020.
v.Chief Justice Press Statement: Administrative and contingency management plan to mitigate COVID – 19 in Kenya’s Justice Sector -March 15, 2020.
2. Judiciary Practice Directions
i. Practice directions for the protection of Judges, Judicial Officers, Judiciary Staff, other Court users and the General Public from the risks associated with the global Corona virus pandemic Gazette Number 3137 of 2020
ii. Practice directions on Electronic Case Management, Gazette Number 2357 of 2020 made pursuant to Articles 159 (2) and 161 (2) (a) of the Constitution, section 10 of the Judicature Act and section 81 (3) of the Civil Procedure Act, accessed at: Practice Directions on Electronic Case
i. Supreme court judges to take pay cut to mitigate the effects of the COVID – 19 –March 27, 2020.
Court of Appeal:
i. Practice Notes for the conduct of Court business during the global Coronavirus pandemic issued pursuant to Section 13 (2) (a) & (b) of the Court of Appeal (Organization & Administration) Act, No. 28 of 2015 on 21st April, 2020 by The Hon. Mr. Justice William Ouko, President, Court of Appeal.
ii. Court of Appeal practice note administrative measures to mitigate COVID – 19.
i. Public Notice to all Litigants and Advocates, Milimani Law Courts and Milimani Commercial courts, Court Standard Operating Procedures during Covid- 19 Pandemic
ii. Interim administrative directives on up-scaling operations of the courts in Eldoret Law Court, Kapsabet Law Courts and Iten Law Courts by Lady Justice Hellen A. Omondi issued on 17th April, 2020
iii. COVID – 19 Regulatory operations at Milimani Law Courts –March 25, 2020.
iv. Practice note on E-filing of commercial cases to mitigate COVID – 19 in the Commercial Justice Sector -March 24, 2020.
v. Administrative directives on Court operations during the period of temporary scaled-down operations of courts in Nakuru and Molo -April 1, 2020.
vi. COVID – 19 Electronic delivery of judgments & Rulings by Family Division, Milimani – NOTICE- April 1, 2020.
vii. Public Notice – Eldoret Law Courts – COVID –19 -March 28, 2020.
i.COVID – 19 Notice – Office of the Registrar of Tribunals –March 23, 2020.
ii. COVID – 19 Education Appeals Tribunal (EAT) Notice to litigants and public -March 20, 2020.
iii. COVID 19 – Legal Education Appeals Tribunal (LEAT) – public notice – March 25, 2020.
iv. COVID 19 –Business Premises Rent Tribunals (BPRT) – Notice to advocates, litigants and the general public -March 24, 2020.
D. Ministries, Departments and Agencies guidelines, policies and directives:
The Ethics and Anti- Corruption Commission
i. Public Notice: Submission of Self- Declaration Forms during Covid-19 pandemic issued on 9th April, 2020
ii. Public Notice issued on 16th March, 2020
Ministry of Foreign Affairs:
i. Highlights of Corona Virus in the country and response measures– March 29, 2020.
ii.Press Statement: National Response Emergency Committee -March 22, 2020.
iii. Press Statement: National Response Emergency Committee -March 21, 2020.
iv. Proclamation of the National Day of Prayer by H.E Uhuru Kenyatta, C.G.H, President of the Republic of Kenya and Commander-in-chief of the Defence forces, March 17, 2020
v. Press Statement: by H.E Uhuru Kenyatta, C.G.H, President of the Republic of Kenya and Commander-in-chief of the Defence forces – March 16, 2020.
Ministry of Health:
i. Public Mental Health Education during COVID – 19 Pandemic
ii. Guidelines on the Management of Pediatric patients during COVID – 19 Pandemic – March 2020
iii. Guidance for infection prevention and control for Corona Virus Disease in homes and Residential Communities Interim Guidelines– March 18th 2020
iv. Interim guidelines on the management of COVID – 19 in Kenya
The Public Finance Management (COVID – 19 Emergency Response Fund) Regulations, 2020 – April 1, 2020
Ministry of Labour and Social Protection:
i. COVID-19: Guidance and advice for older people March 2020
ii. Protecting Older Personsvduring the Corona Virus (COVID – 19) pandemic – March 2020
iii. Guidelines for care homes for older people in the context of Corona Virus (COVID- 19) March 2020
E. County Governments:
i. Council of Governors: Press statement on the preparedness of Counties for COVID – 19 Download Here..
ii. County Government of Nandi: Governor’s statement on guidelines to be observed within Nandi County following the global outbreak of COVID – 19 (Corona Virus) accessed at: County Government of Nandi.
iii. County Government of Kakamega: Governor announces measures by the government to mitigate COVID – 19 Pandemic accessed at: County Government of Kakamega.