County Licensing (Uniform Procedures) Act, 2024

The County Licensing (Uniform Procedures) Act, 2024 (https://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/2024/TheCountyLicensing_UniformProcedures_Act_2024.pdf) was assented to on the 28th of June, 2024 and seeks to establish standardized procedures for licensing by county governments in Kenya. The following is a structured analysis of the key components and implications of the Act.

1. Preliminary Provisions

Short Title and Commencement: The Act is officially titled the County Licensing (Uniform Procedures) Act, 2024 and will come into effect six months post-assent.

Definitions: Key terms such as "licensing authority" and "electronic communication" are defined to ensure clarity in application.

2. Obligations Under the Act

The Act outlines several obligations that must be considered in the licensing process:

Consumer Protection: Safeguarding consumers of goods and services.

Public Safety: Ensuring that licensing promotes safety standards.

Environmental Protection: Incorporating environmental considerations into licensing.

Transparency and Fairness: Licensing processes must be fair, transparent, and accessible.

3. Guiding Principles

The guiding principles include:

Efficiency: Licensing processes should be efficient and effective.

Public Confidence: Maintaining public trust in licensing authorities.

Cost-Effectiveness: Ensuring that licensing fees do not hinder business operations.

4. Licensing Procedures

Key procedures established by the Act include:

(a) Application Process:

   - Mechanisms for simultaneous applications for multiple licenses.

   - Timelines for processing applications must be adhered to.

(b) Public Participation:

   - Licensing authorities must engage the public in decision-making processes, particularly when varying license conditions or fees.

(c) Advertising Applications:

   - Applications must be advertised through multiple platforms to ensure public awareness.

(d) Withdrawal of Applications:

   - Applicants can withdraw applications at any time before issuance, but fees may not be refunded.

(e) Fees and Charges

- Licensing authorities can impose fees for applications, renewals, and transfers. The fees must be:

  - Fair and not adversely affect competition.

  - Based on the costs incurred in administering the licensing scheme.

(f) Enforcement and Penalties

- The Act stipulates penalties for non-compliance, including fines and potential imprisonment for serious offenses.

(g) Regulatory Framework

- The Cabinet Secretary is empowered to make regulations to facilitate the implementation of the Act, ensuring that all provisions are effectively enforced.

(h) County Legislation

- Each county assembly is required to enact legislation that aligns with the Act, providing for:

  - A singular licensing framework.

  - Conditions applicable to different categories of licenses.

Conclusion

The County Licensing (Uniform Procedures) Act, 2024 is a comprehensive framework aimed at streamlining licensing processes across counties in Kenya. By emphasizing efficiency, transparency, and public participation, the Act seeks to foster a conducive environment for business operations while ensuring consumer protection and public safety.

For more on the Act visit the Ministry of Investments Trade and Industry (https://www.investmentpromotion.go.ke/county-licensing-uniform-procedures-act-2024-stakeholders-meeting).