County Licensing (Uniform Procedures) Act

Section 1. Short title and commencement Section 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.

Section 2. Interpretation Section 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 .

Section 3. Guiding principles Section the need to protect consumers of goods and services, ensure public safety and promote environmental protection;

Section 4. General duty onlicensing authority. Section 4(1) providing a mechanism for a person to make a simultaneous application for more than one licence; Section 4(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.

Section 5. Principles of interpretation and application. Section simplicity of the process of application for a licence including making specific provisions to ease the application process for persons with disabilities;

Section 6. Obligations of county governments. Section protect the rights of consumers, producers, suppliers, distributors and service providers in the respective county;

Section 7. Application for granting, amendment, renewal restoration and replacement of licence Section 7(1) be made in writing and in the prescribed form; Section 7(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) . Section 7(3) the Chief Officer for the time being responsible for matters relating to revenue in the county government who shall be the Chairperson; Section 7(4) the conduct and regulation of the business and affairs of the County Licensing Board; Section 7(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. Section 7(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. Section 7(7) A person may make one application to the same licensing authority in relation to...

Section 8. Single application process Section 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.

Section 9. Notices for further information Section 9(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. Section 9(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. Section 9(3) An applicant shall be granted a period of seven days to furnish the information requested in the notice specified under subsection (1) . Section 9(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) . Section 9(5) A person whose application has been rejected under subsection (4) shall forfeit any application fees paid to the respective licensing authority.

Section 10. Consultation Section 10(1) undertake public participation and consult with stakeholders likely to be affected at the formative stage of the proposal; Section 10(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 ).

Section 11. Advertising of applications Section 11(1) one daily newspaper of wide circulation within the county; Section 11(2) a statement for the submission, to the licensing authority by any person, of relevant information with respect to the application; and Section 11(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.

Section 12. Withdrawal of application Section 12(1) An applicant may withdraw an application at any time before a licence is issued under section 16 . Section 12(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. Section 12(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.

Section 13. Period of determination of application Section 13(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. Section 13(2) any period between the date on which a request for further information or supporting evidence is made under section 9 ;

Section 14. Determination of application. Section 14(1) grant an application for a licence;

Section 15. Notice of decision on application. Section 15(1) A licensing authority shall inform the applicant in writing of its decision under section 14 within seven days of the decision. Section 15(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. Section 15(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.

Section 16. Issuance of licence. Section 16(1) A licensing authority that grants an application shall issue to the applicant an original or replacement licence, as the case requires. Section 16(2) when the relevant licensing authority informs the applicant of its decision to grant the licence; and Section 16(3) a unique identifier;

Section 17. Duration of licence. Section 17(1) A licence comes into force on the date on which it is issued or on a date specified on the licence. Section 17(2) A renewed licence comes into force on the date following the expiry date of the licence it renews. Section 17(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. Section 17(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.

Section 18. Conditions for issuance of licence. Section 18(1) to provide the service or carry out the business specified in the licence; Section 18(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.

Section 19. Variation of conditions of a licence. Section 19(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. Section 19(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. Section 19(3) specify the variation intended to be made with respect to the licence; Section 19(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.

Section 20. Cancellation of licence. Section 20(1) fails to meet any condition imposed by the licensing authority ; Section 20(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). Section 20(3) Each county government shall establish a committee to undertake the review of a decision to cancel a licence. Section 20(4) the County Executive Committee Member for the time being responsible for matters relating to finance;

Section 21. Review of decisions. Section 21(1) in accordance with the relevant licensing legislation; or Section 21(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.

Section 22. Change in particulars Section 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.

Section 23. Administration of register of licences. Section 23(1) A licensing authority shall keep and maintain a licence register. Section 23(2) information contained in a licence and specified under section 16(3) ; Section 23(3) make the register available for inspection by members of the public; and Section 23(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.

Section 24. Licensing fees. Section 24(1) authority to set the fees and the setting of fees within the scope of the authority; Section 24(2) nature and scope of the licensed activity; Section 24(3) harmonisation of licensing regulations, procedures, requirements and fee structures to ensure freedom of transit of goods and provision of services across various counties; Section 24(4) A county government shall, in formulating a licensing fees policy, be guided by the principles set out under this Act. Section 24(5) A licensing authority may impose a licence fee for an application for the grant, transfer or renewal of a licence. Section 24(6) shall act in accordance with the licensing fees policy; Section 24(7) establishing a system to facilitate the effective implementation of this Act; and

Section 25. Service of notices Section 25(1) delivering it personally to the individual; Section 25(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.

Section 26. Recovery of unpaid fees Section 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.

Section 27. General penalty Section 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.

Section 28. Regulations Section 28(1) The Cabinet Secretary may make Regulations for the better carrying out the provisions of this Act. Section 28(2) 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

Section 29. County legislation Section 29(1) A county assembly shall enact legislation to give further effect to the provisions of this Act in the respective county. Section 29(2) singular licence application framework;