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Public Legal Information on Kenya’s Response to COVID-19

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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 (behavioral) 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:

  1. The sixth Presidential address on the CoronaVirus Pandemic at State House, Nairobi, Kenya on Saturday, May 16, 2020
  2. President Uhuru Kenyatta assents to the Tax Laws(Amendment) Bill, 2020on April 25, 2020
  3. President Kenyatta Urges Kenyans To Observe Government Directives On Coronavirus– April 7, 2020.

iii. Presidential’s Address on Enhanced Measures in Response to the COVID~19 Pandemic, April, 6 2020

  1. Africa To Pursue Loan Waivers As Safeguard Against Adverse Economic Impact Of Coronavirus– April 4, 2020.
  2. President Kenyatta Convenes First Meeting Of Task force To Marshal Funds For Coronavirus Response– April 1, 2020.
  3. Presidential address on the State interventions to cushion Kenyan’s against economic effects of COVID – 19 pandemic– March 25, 2020.

vii. Kenya Approves Roll Out of Google Loon 4G To Mitigate Coronavirus Work Disruptions – March 23, 2020.

viii. 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.

  1. Executive Order No. 2 of 2020; National Emergency Response Committee on Corona Virus issued at State House, Nairobi on February 28, 2020.
  2. Kenya Gazette
  3. Kenya Gazette Supplement Number 48 issued April 20, 2020.

Pieces of Legislation

  1. Legal Notice No. 59: Public Finance Management Act(No. 18 of 2012); Waiver of court fees in respect of commercial disputes
  2. Legal Notice No. 60:Public Finance Management Act (State Officers and Public Officers Motor Car Loan Scheme Fund)(Amendment) Regulations, 2020.
  3. Kenya Gazette Supplement Number 46 issued April 17, 2020.

Pieces of Legislation

i.Legal Notice No. 57: Public Order(State Curfew) Variation Order, 2020

  1. 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

  1. Kenya Gazette Supplement Number 41 issued April 6, 2020.

Pieces of Legislation

  1. Legal Notice No. 50:Public Health (Covid-19 Restriction of movement of persons and Related Measures) Rules, 2020
  2. 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

  1. Legal Notice No. 53:Public Health (Covid-19 Restriction of movement of persons and related measures) (Kilifi County) Order, 2020
  2. Legal Notice No. 54:Public Health (Covid-19 Restriction of movement of persons and related measures) (Kwale County) Order, 2020
  3. 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.

  1. Kenya Gazette Supplement Number 30 issued March- 26, 2020.

Pieces of Legislation;

  1. Value Added Tax Act 2013, No. 35 of 2013Legal Notice No. 35:The Value Added Tax (Amendment of the Rate of Tax) Order, 2020.
  2. The Public Order Act, Cap. 56Legal 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:

  1. Constitution 2010,Article 159 (2)and Article 161 (2) (a).
  2. Judicature Act, Section 10.

iii. Civil Procedure Act, Section 81 (3)

C. 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
  2. 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
  3. 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.

  1. 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.

  1. JudiciaryPractice Directions
  2. Practice Directions on the upscaling operations of the Employment and Labour Relations Court in Nyeri and Meru by the Hon. Mr, Justice Nzioki wa Makau, Presiding Judge Nyeri ELRC
  3. 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 pandemicGazette Number 3137 of 2020
  4. Practice directions on Electronic Case Management, Gazette Number 2357 of 2020 made pursuant toArticles 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

Supreme Court:

  1. Supreme court judges to take pay cut to mitigate the effects of the COVID – 19 –March 27, 2020.

Court of Appeal:

  1. 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.
  2. Court of Appeal practice note administrative measures to mitigate COVID – 19.

High Court:

  1. Public Notice to all Litigants and Advocates, Milimani Law Courts and Milimani Commercial courts, Court Standard Operating Procedures during Covid- 19 Pandemic
  2. 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. Omondiissued on 17th April, 2020

iii. COVID – 19 Regulatory operations at Milimani Law Courts –March 25, 2020.

  1. Practice note on E-filing of commercial cases to mitigate COVID – 19 in the Commercial Justice Sector-March 24, 2020.
  2. Administrative directives on Court operations during the period of temporary scaled-down operations of courts in Nakuru and Molo-April 1, 2020.
  3. 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.

Tribunals:

i.COVID – 19 Notice – Office of the Registrar of Tribunals –March 23, 2020.

  1. COVID – 19Education Appeals Tribunal (EAT) Notice to litigants and public-March 20, 2020.

iii. COVID 19 – Legal Education Appeals Tribunal (LEAT) – public notice – March 25, 2020.

  1. COVID 19 –Business Premises Rent Tribunals (BPRT) – Notice to advocates, litigants and the general public-March 24, 2020.

3. Parliament

Guidelines consequent on the declaration of  COVID-19 (Corona Virus) as a global health pandemic and the confirmation of a case of CoronaVirus infection in Kenya.

D. Ministries, Departments and Agencies guidelines, policies and directives:

The Ethics and Anti- Corruption Commission

  1. Public Notice:Submission of Self- Declaration Forms during Covid-19 pandemicissued on 9th April, 2020
  2. Public Noticeissued on 16th March, 2020

Ministry of Foreign Affairs:

  1. 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.

  1. iv.Proclamation of the National Day of Prayerby H.E Uhuru Kenyatta, C.G.H, President of the Republic of Kenya and Commander-in-chief of the Defence forces, March 17, 2020
  2. 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:

  1. Public Mental Health Education during COVID – 19 Pandemic this covers the following;
  • How does Covid- 19 affect my mental health?
  • How can I tell that my mental health is getting affected during this time?
  • What should I do to remain mentally healthy during this Covid 19 pandemic?
  • How can we reduce stigma against persons suffering from Covid- 19 and their caregivers?
  • How can Children be assisted to cope at this time?
  • Advice for the bereaved
  • Advice for persons with existing mental illness
  1. Guidelines on the Management of Pediatric patientsduring 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

  1. Interim guidelines on the managementof COVID – 19 in Kenya

National Treasury:

The Public Finance Management (COVID – 19 Emergency Response Fund) Regulations, 2020 – April 1, 2020

Ministry of Labour and Social Protection:

  1. COVID-19:Guidance and advice for older peopleMarch 2020
  2. 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:

  1. Council of Governors: Press statement on preparedness of Counties for COVID – 19DownloadHere..
  2. 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 government to mitigate COVID – 19 Pandemic accessed at: County Government of Kakamega.

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