County Licensing (Uniform Procedures) Act

Act No. 8 of 2024

County Licensing (Uniform Procedures) Act

LAWS OF KENYA

COUNTY LICENSING (UNIFORM PROCEDURES) ACT

NO. 8 OF 2024

  • Published in Kenya Gazette on 28 June 2024
  • Assented to on 28 June 2024
  • Commenced on 28 December 2024
An Act of Parliament to establish standard uniform procedures for licensing by county governments; and for connected purposes

Part I – PRELIMINARY

1. Short title and commencement

This Act may be cited as the County Licensing (Uniform Procedures) Act, 2024, and shall come into operation upon the expiry of six months from the date of assent of this Act.

2. Interpretation

In this Act—"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to trade;"electronic communication" means any information transmitted, sent, received or stored in magnetic, optical, computer memory, microfilm or similar device; and"licensing authority" means a County Licensing Board established by a county government under section 7.

Part II – OBLIGATIONS

3. Guiding principles

A person shall, in the implementation of this Act or enactment of the respective county legislation, take into account —
(a)the need to protect consumers of goods and services, ensure public safety and promote environmental protection;
(b)the need to maintain public confidence in the respective sectors under which the licence is issued and that the imposition of licensing fees is carried out in a manner that does not hamper the respective business or industry;
(c)the need to ensure access to information relating to the conditions for issuance of licences and licensing procedures and in accordance with the provisions of the Access to Information Act (Cap. 7M);
(d)the need to ensure that the licensing procedures are simple and that licensing services are accessible to a person applying for a licence;
(e)cost effectiveness of the licensing process;
(f)the importance of declaring and upholding proper standards of conduct by licensees;
(g)the need to promote efficiency and effectiveness in the administration of the licensing processes; and
(h)the licensing processes are undertaken in a fair and transparent manner.

4. General duty on licensing authority.

(1)A licensing authority shall ensure that the process of applying for a licence from the respective authority is efficient and effective by —
(a)providing a mechanism for a person to make a simultaneous application for more than one licence;
(b)preventing multiple licensing procedures;
(c)ensuring that applicants are given adequate opportunity to make representations on an application for a licence;
(d)adhering to timelines for the processing of licensing applications as set out in this Act or the relevant licensing legislation; and
(e)establishing and implementing a system that designates different codes for the different categories of licences issued by that authority.
(2)A licensing authority shall, in considering an application for a licence to carry out business which is ordinarily regulated by a professional body, undertake due diligence to ascertain whether the applicant is duly qualified and licensed to undertake such business.

5. Principles of interpretation and application.

The following principles shall apply to the interpretation and application of this Act and licensing legislation enacted by a county government —
(a)simplicity of the process of application for a licence including making specific provisions to ease the application process for persons with disabilities;
(b)equity, transparency and accountability in the administration of licensing procedures;
(c)ensuring that the licensing framework is consolidated and requires persons to hold a minimum number of licences and be subject to a minimum number of different licensing processes;
(d)access to information relating to the licensing requirements and procedures;
(e)enabling licence holders to respond to changes in the market quickly with minimum regulatory friction; and
(f)certainty by having in place clear and consistent licensing conditions.

6. Obligations of county governments.

A county government shall, in establishing and administering a licensing regime —
(a)protect the rights of consumers, producers, suppliers, distributors and service providers in the respective county;
(b)promote the regulation of developing markets;
(c)consult the relevant government entity responsible for standards in order to ensure that quality of goods produced and services delivered are of high standard;
(d)effectively administer control over persons engaged in activities that are potentially risky as threatening to the life or health of individuals, property and State, public interest or nature and cultural heritage;
(e)ensure that the licensing fees imposed with respect to the licence are not prohibitive and do not hinder the conduct of business;
(f)ensure that each category of the licences offered by the county government is designated a unique code; and
(g)ensure that it does not prejudice national economic policies, economic activities across county boundaries or the national mobility of goods, services, capital or labour in line with Article 209(5) of the Constitution.

Part III – LICENSING PROCEDURE

7. Application for granting, amendment, renewal restoration and replacement of licence

(1)An application for the grant, renewal, transfer or replacement of a licence or a variation of a condition for the issuance of a licence shall —
(a)be made in writing and in the prescribed form;
(b)contain such information as is prescribed under the respective licensing legislation; and
(c)be signed by the applicant or in the case of an application for transfer of a licence be signed by the applicant and the proposed transferee.
(2)Each county government shall establish a board to be known as the County Licensing Board to perform the function of granting, amending, renewing, restoring and replacing of licences under subsection (1).
(3)A County Licensing Board established under this section shall comprise—
(a)the Chief Officer for the time being responsible for matters relating to revenue in the county government who shall be the Chairperson;
(b)the Chief Officer for the time being responsible for matters relating to trade in the county government;
(c)the Deputy County Commissioner in charge of the specific sub county where the licence is to be issued;
(d)a representative of persons with disabilities who shall be nominated by the National Council for Persons with Disabilities from among persons with disabilities trading within the county; and
(e)a sub-county administrator responsible for the specific county where the licence is to be issued.
(4)The Cabinet Secretary shall make regulations to give effect to the provisions of this section including—
(a)the conduct and regulation of the business and affairs of the County Licensing Board;
(b)the appointment of persons under subsection 3(c) and (e) on a rotational and need basis depending on the sub county where, a licences to be issued;
(c)the appointment of the persons appointed under subsection 3(d);
(d)remuneration of Board Members; and
(e)staff of the Board.
(5)A licensing authority shall, within three years of the commencement of this Act, put in place mechanisms to enable the electronic application for grant, renewal, transfer or replacement of a licence or a variation of a condition for the issuance of a licence.
(6)The mechanisms referred to under subsection (2) and the platforms to facilitate electronic application of a licence shall be designed while taking into account the needs of persons with disabilities.
(7)A person may make one application to the same licensing authority in relation to more than one licence with respect to goods or services falling within the same sector.
(8)A person shall pay to the relevant licensing authority the application fees payable under the relevant licensing legislation.

8. Single application process

A county government shall, in the enactment of legislation and for the effective administration of the licensing processes, prescribe procedures for a single application process with respect to an application for more than one licence.

9. Notices for further information

(1)A licensing authority may serve a notice on an applicant requiring the applicant to provide such further information as may be required to determine an application for a licence under the respective licensing legislation.
(2)A notice under subsection (1) shall be made within three days of receipt of the application and shall specify the person to whom such information shall be submitted.
(3)An applicant shall be granted a period of seven days to furnish the information requested in the notice specified under subsection (1).
(4)The licensing authority may reject an application without dealing with it any further if the applicant fails to comply with the notice under subsection (1).
(5)A person whose application has been rejected under subsection (4) shall forfeit any application fees paid to the respective licensing authority.

10. Consultation

(1)Where a licensing authority intends to vary the conditions of fees payable for the issuance of a licence, the licencing authority shall —
(a)undertake public participation and consult with stakeholders likely to be affected at the formative stage of the proposal;
(b)undertake a regulatory impact assessment which shall include a costs benefit analysis of the proposed variation;
(c)provide sufficient and timely information to members of the public to enable them to make an informed decision;
(d)allow for adequate time for consideration of proposals by members of the public;
(e)take into account the comments and proposals submitted under paragraph (a); and
(f)publicise the final decision taken with respect to the proposals.
(2)In carrying out public participation under subsection (1), the licensing authority shall adhere to the requirements set out under section 91 of the County Governments Act (Cap. 265).

11. Advertising of applications

(1)A licensing authority shall, where the respective legislation requires an application to be advertised, publish a notice of the application in at least three of the following platforms –
(a)one daily newspaper of wide circulation within the county;
(b)in one local radio station;
(c)a designated public notice board at the county, ward and village levels; and
(d)official website or social media platform.
(2)A notice under subsection (1) shall include —
(a)a statement for the submission, to the licensing authority by any person, of relevant information with respect to the application; and
(b)set out the procedure by which, and the time within which, submissions shall be made to the licensing authority.
(3)The date referred to in subsection 2(b) shall not be earlier than fourteen days and not later than twenty eight days after the date on which a notice is first published under this section.

12. Withdrawal of application

(1)An applicant may withdraw an application at any time before a licence is issued under section 16.
(2)A person who withdraws an application under subsection (1) shall forfeit any fees paid in connection with an application made under this Act or the respective county licensing legislation.
(3)Notwithstanding subsection (2), a county government may enact legislation providing for circumstances under which fees paid by an applicant for a licence may be refunded.

13. Period of determination of application

(1)A licensing authority shall be deemed to have allowed an application if the licensing authority fails to determine the application within twenty eight days after the application is made or within the time prescribed in the relevant licensing legislation, whichever is earlier.
(2)In calculating a period referred to in subsection (1), the following periods shall be excluded-
(a)any period between the date on which a request for further information or supporting evidence is made under section 9;
(b)any period between the date on which a notice is published under section 9(2) and the date fixed by the notice as the date by which any submission with respect to the application must be lodged;
(c)any period, not exceeding fourteen days, between the date on which the licensing authority refers the application to another person and the date on which the authority receives a response to that reference from that other person; or
(d)any period between the date on which the licensing authority refers the applicant for assessment and the date on which the authority obtains or receives the results of an assessment where the licensing authority has referred the application for assessment in connection with the determination of the application.

14. Determination of application.

(1)A licensing authority may—
(a)grant an application for a licence;
(b)grant the application subject to conditions authorised by the relevant licensing legislation; or
(c)refuse the application.

15. Notice of decision on application.

(1)A licensing authority shall inform the applicant in writing of its decision under section 14 within seven days of the decision.
(2)Where an objection has been raised with respect to an application for a licence, the licensing authority shall inform, in writing, the person objecting to the issuance of a licence of its decision with respect to the objection.
(3)If the decision of a relevant licensing authority is to refuse an application, the authority shall inform the applicant, in writing, of the reasons why the application was refused.

16. Issuance of licence.

(1)A licensing authority that grants an application shall issue to the applicant an original or replacement licence, as the case requires.
(2)A licence shall be issued under subsection (1)
(a)when the relevant licensing authority informs the applicant of its decision to grant the licence; and
(b)upon the payment of any fee required by the relevant licensing legislation.
(3)A licence issued under this section shall include-
(a)a unique identifier;
(b)the code of the category of the license;
(c)name of the licensing authority;
(d)the name of the licensee;
(e)the nature of the business to which the licence relates;
(f)a reference to the provisions of the relevant licensing legislation;
(g)the authority conferred by the licence;
(h)conditions to which the licence may be subject;
(i)the date on which the licence comes into force;
(j)the date on which the licence expires; and
(k)such other information that the relevant licensing authority may consider appropriate to include.

17. Duration of licence.

(1)A licence comes into force on the date on which it is issued or on a date specified on the licence.
(2)A renewed licence comes into force on the date following the expiry date of the licence it renews.
(3)A licence shall be valid for the period specified in the licence provided that a licence issued to a business intending to operate for one year or more shall be valid for one year from the date of issue.
(4)Subject to the provisions of the relevant licensing legislation, if an application for renewal of a licence is made before the date on which the licence would expire, the licence remains in force until the date on which the applicant is notified of the relevant licensing authority’s decision on the application to renew the licence.

18. Conditions for issuance of licence.

(1)A licensee shall be required to observe the following conditions in addition to those that may be imposed by the licensing authority or under the respective county legislation-
(a)to provide the service or carry out the business specified in the licence;
(b)to comply with all applicable laws and the conditions for issuance of the licence;
(c)to provide the licensing authority with information with respect to any change in its directorship or shareholding in accordance with section 22;
(d)to pay such fees as may be prescribed; and
(e)to maintain, and where required, submit to the licensing authority such information as may be necessary for the continued licensing of the licence holder.
(2)A licensing authority shall, unless the circumstances or facts relating to the application vary and the licensing authority considers it proper, impose the same conditions for the issuance of the same type of licence.

19. Variation of conditions of a licence.

(1)Subject to the provisions of this Act and licensing legislation enacted by the relevant county government, a licensing authority may vary a condition attached to a licence.
(2)Before varying a condition of a licence under subsection (1), the licensing authority shall give notice in writing to the affected licensees and by publication in a newspaper of nationwide circulation and through such other media as the licensing authority shall consider appropriate.
(3)A notice under subsection (2) shall—
(a)specify the variation intended to be made with respect to the licence;
(b)set out the reasons for such variance;
(c)specify the time within which the variation shall take effect;
(d)require the licensee and any other person to submit any representations within thirty days from the date of the notice;
(e)specify the place from which information relating to the variation may be obtained; and
(f)set out such further information as the licensing authority may consider necessary.
(4)Where a variation is intended to remedy or prevent an act which may be against public interest, the licensing authority may vary the condition and inform the licensee in writing within one day of such variation and reasons thereof.

20. Cancellation of licence.

(1)A licensing authority may cancel a licence if the licensee —
(a)fails to meet any condition imposed by the licensing authority;
(b)fails to comply with the provisions of the licensing legislation;
(c)surrenders the licence to the relevant licensing authority together with a notice setting out a request that the licence be cancelled;
(d)obtains a licence fraudulently; or
(e)operates a different business from that which it is licenced to operate.
(2)A licensing, authority, shall, issue a fourteen (14) days's notice to a licensee before cancelling a licence under subsection(1)(a)(b)(d) and (e).
(3)Each county government shall establish a committee to undertake the review of a decision to cancel a licence.
(4)The committee established under subsection (3) shall comprise—
(a)the County Executive Committee Member for the time being responsible for matters relating to finance;
(b)the County Executive Committee Member for the time being responsible for matters relating to trade;
(c)two representatives from the respective County Chamber of the Kenya National Chamber of Commerce;
(d)the County Commissioner; and
(e)the County Attorney.

21. Review of decisions.

(1)An applicant or any other person who is aggrieved by a decision of a licensing authority with respect to the application or cancellation of a licence may apply for a review of the decision —
(a)in accordance with the relevant licensing legislation; or
(b)to the extent to which the relevant licensing legislation does not provide the applicant with such right, to the county executive committee member responsible for matters relating to the subject of the licence.
(2)An application for review shall be determined within twenty-one days of the application for review or such time as may be prescribed by the relevant licensing legislation, whichever is shorter.

Part IV – ADMINISTRATION OF LICENSING SCHEMES

22. Change in particulars

A person who holds a licence shall notify the respective licensing authority of any change that occurs in the licensee’s name, directorship, shareholding, address or registered particulars, within fourteen days after the change.

23. Administration of register of licences.

(1)A licensing authority shall keep and maintain a licence register.
(2)A register under subsection (1) shall contain-
(a)information contained in a licence and specified under section 16(3);
(b)the type of entity to which the licence is issued;
(c)information with respect to any re-issuance, revocation, suspension, transfer or variation of a licence; and
(d)such other information as may be prescribed under the respective county legislation.
(3)A licensing authority shall-
(a)make the register available for inspection by members of the public; and
(b)provide such information with respect to a licence issued by the licensing authority upon application under the respective licensing legislation; and
(c)make the register accessible to the public online.
(4)A licensing authority to which an application for information is made may charge a prescribed fee for the provision of information under subsection (3) and the fee shall not exceed the actual cost of making copies of such information and where applicable, supplying the information to the applicant.

24. Licensing fees.

(1)A licensing authority shall be guided by the following principles in setting the fees for issuance of a licence under the respective county legislation-
(a)authority to set the fees and the setting of fees within the scope of the authority;
(b)need to ensure efficiency in the delivery of goods and services;
(c)accountability;
(d)public participation;
(e)avoidance of multiplicity in the issuance of licences and multiple imposition of fees where goods are transported across different counties;
(f)cross-subsidization where fees collected for providing a category of goods or services covers the costs incurred in providing goods and services in another category in accordance with existing legislation;
(g)adherence to existing policy on the charging and collection of fees; and
(h)avoidance of multiple licensing in a specific sector.
(2)Each county government shall formulate a licensing fees policy for the imposition of fees and issuance of licences by the respective county taking into consideration the following factors—
(a)nature and scope of the licensed activity;
(b)economic considerations;
(c)administrative and regulatory costs;
(d)public interest, and resource utilization; and
(e)interests of vulnerable groups women, youth and persons with disabilities.
(3)Pursuant to Article 209(5) of the Constitution the Council of Governors shall, within six months from the date of commencement of this Act, establish strategies and guidelines for—
(a)harmonisation of licensing regulations, procedures, requirements and fee structures to ensure freedom of transit of goods and provision of services across various counties;
(b)the progressive development of systems including, inter-county integrated digital platforms to facilitate exchange of information coordination and implement harmonised licensing to facilitate transit of goods and provision of services across various counties.
(4)A county government shall, in formulating a licensing fees policy, be guided by the principles set out under this Act.
(5)A licensing authority may impose a licence fee for an application for the grant, transfer or renewal of a licence.
(6)In determining the fee payable with respect to a licence, a licensing authority-
(a)shall act in accordance with the licensing fees policy;
(b)may fix different fees with respect to the different types of licences;
(c)may waive the requirement for fees and prescribe conditions for such a waiver;
(d)shall take into account the costs incurred in administering the licensing scheme; and
(e)shall ensure that the fees set do not adversely affect competition and investment.
(7)Pursuant to section 20(1)(a) and (c) of the Intergovernmental Relations Act, the Council of County Governors shall provide a platform for consultation and collaboration by county governments in—
(a)establishing a system to facilitate the effective implementation of this Act; and
(b)establishing and implementing harmonised processes for issuance of licences and imposition of fees where goods are transported across different counties.

25. Service of notices

(1)Where a licensing authority is required to serve a notice on a person under this Act or any other licensing legislation, the authority shall serve the notice-
(a)in the case of an individual by—
(i)delivering it personally to the individual;
(ii)sending it by registered post, addressed to the individual at the address indicated on the application as the individual’s postal address, for service of notices;
(iii)leaving it with an authorised person at the individual’s place of residence or business; or
(iv)sending it by means of electronic communication to the individual at the address indicated in the application as the individual’s address for service for electronic communication; and
(b)in the case of a company by—
(i)delivering it to the person concerned in the company’s management and authorized to receive documents on behalf of the company;
(ii)sending it by registered post, addressed to the company at the address indicated on the application as the company’s postal address, for service of notices;
(iii)leaving it with a person authorised to accept service on behalf of the company; or
(iv)sending it by means of electronic communication to the company at the address indicated in the application as the company’s address for service for electronic communication.
(2)A notice required to be served on joint applicants or joint licensees shall be deemed to have been served on all of them when it is served on any of them.

26. Recovery of unpaid fees

A fee payable with respect to a licence or an application for a licence may be recovered by the relevant licensing authority as a debt in a court of competent jurisdiction.

27. General penalty

A person who contravenes a provision of this Act commits an offence and is liable, on conviction to a fine not exceeding one million shillings or to imprisonment for a term not exceeding six months or to both.

28. Regulations

(1)The Cabinet Secretary may make Regulations for the better carrying out the provisions of this Act.
(2)For the purposes of Article 94(6) of the Constitution –
(a)the power of the Cabinet Secretary to make regulations shall be limited to bringing into effect the provisions of this Act and the fulfilment of the objectives specified under subsection (1); and
(b)the principles and standards set out under the Interpretation and General Provisions Act (Cap. 2) and the Statutory Instruments Act (Cap. 2A) in relation to subsidiary legislation shall apply to regulations made under this Act.

29. County legislation

(1)A county assembly shall enact legislation to give further effect to the provisions of this Act in the respective county.
(2)Notwithstanding the generality of the provisions of subsection (1), a county assembly shall enact legislation to provide for—
(a)singular licence application framework;
(b)conditions applicable to different categories of licences;
(c)measures to ensure ease and mitigating the cost of doing business within the respective county;
(d)a coding system for all categories of licenses issued by the county government;
(e)prescribed forms for the application for a licence;
(f)a fee that may be imposed with respect to an application made under this Act;
(g)conditions for the refund of any fees paid with respect to an application made under this Act;
(h)framework for the review of a decision of a licensing authority under this Act; and
(i)such other matter as the respective county assembly may deem necessary for the better carrying out of the provisions of this Act.
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History of this document

28 December 2024
Commenced
28 June 2024 this version

Cited documents 4

Act 4
1. County Governments Act 1462 citations
2. Access to Information Act 335 citations
3. Statutory Instruments Act 226 citations
4. Interpretation and General Provisions Act 7 citations

Documents citing this one 0