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\ REPUBLIC OF KENYA KENYA GAZETTE PPLEM SU ENT ACTS, 201 5 NAIROBI, 15th September, 2015 CONTENT Act- PAGE The Finance Act, 2015 .191 #slp#4( e$'srdm rd* E*rf fiEpofi ri.

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KErllYA JFL, 3' 1r'831 FAX: 2t t2ggl PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI l9l THE FINANCE ACT No.

14 of 2015 Date of Assent: I lth September, 2015 Date of Commencement: See Section I AIY ACT of Parliament to amend the law relating to various taxes and duties and for connected purposes ENACTED by the Parliament of Kenya, as follows- PART I_PRELIMINARY 1.

This Act may be cited as the Finance Act,20L5, Short title and and shall come into operation, or be deemed to have come commencement.

into operation, as follows- (a) sections2,3,4, 5 and 6, on the l2th June, 2Ol5; (b) sections 7, 8, 9, 10, tl, 12, 13, 14, 15, 16, 17, lB, 19 and 20, on the lst January, 2016; and (c) all other sections, on the lst October, 2015.

PART tr-VALUE ADDED TAX 2.

Section 2 of the Value Added Tax Act, 2013 is Amendment of amended- section 2 of No.

35 of 201 3.

(a) by inserting the following definition in proper alphabetical sequence- "duty-free shop" means a bonded warehouse licensed by the Commissioner of Customs for the deposit of dutiable goods on which duty has not been paid and which have been entered for sale to passengers departing to places outside Kenya; (b) in the definition of the word "money", by inserting the words "o{ electronic payment system" immediately after the words "credit card" appearing in paragraph (c); (c) by deleting the words "or a non-registered person" appearing in paragraph (a),of the definition of the words "supply of imported services".

3.

Section 17 of the Value Added Tax Act, 2013 is 3ffJ,'fi:',"J.,, amended by deleting the proviso to subsection (5) and orlot3.

substituting therefor the following new proviso- 192 Finance 20r5 No.14 Provided that any such excess shall be paid to the registered person by the Commissioner where- (a) the Commissioner is satisfied that such excess arises from makingzero rated supplies; and (b) the registered person lodges the claim for the refund of the excess tax within twelve months from the date the tax becomes due and payable.

4.

Section 25A of the Value Added Tax Act, 2013 is Amendrnent of section 25A of No.

amended by deleting subsection (1) and substituting 35 of2013.

therefor the following new subsection- (1) Government Ministries, Departments and Agencies or any other person appointed by the Commissioner shall, on purchasing taxable supplies, withhold six percent of the taxable value at the time of paying for the supplies and remit the same directly to the Commissioner: Provided that the Commissioner may, at any time, revoke the appointment of a withholding VAT agent, if he or she deems it appropriate to do so." 5.

The First Schedule to the Value Added Tax Act Amendmnts of the First Schedulc to 2013 is amended- No.

35 of 201 3.

(a) in Section A of Part I- (i) bV deleting item 46 and tariff numbers *3002.20.oo, 3002.30.00, 3003.39.00, 3003.40.00, 3003.90.10, 3003.90.90, 3004.10.00, 3004.20.00, 3004.32.N, 3004.39.00, 3004.40.00, 3004.50.00, 3004.90.00, 3004.90.10 and 3004.90.90" and the corresponding descriptions; (ii) by inserting tariff numbers 8407.10.00 and 8409.10.00 in proper numerical sequence.

(b) by inserting the following items immediately after item 48- 49.

Aircraft parts of heading 8803, excluding parts of goods of heading 8801.

50.

Goods of tariff No.4011.30.00.

193 2015 Finance No.14 51.

Taxable goods, excluding motor vehicles, imported or purchased for direct and exclusive use in the implementation of official aid funded projects upon approval by the Cabinet Secretary responsible for the National Treasury.

52.

Plastic bag biogas digesters.

52A.

Biogas.

528.

Leasing of biogas producing equipment.

53.

Parts imported or purchased locally for the assembly of primary school laptop tablets, subject to approval by the Cabinet Secretary for the National Treasury, on recommendation by the Cabinet Secretary responsible for matters relating to information technology.

54.

Goods imported or purchased locally for use by the local film producers and local filming agents, subject to approval by the Cabinet Secretary to tho National Treasury.

55.

Taxable goods purchased or imported for direct and exclusive use in the construction and infrastructural works in industrial and recreational parks of one hundred acres or more approved by the Cabinet Secretary for the National Treasury upon recommendation by the Cabinet Secretary responsible for Industrialization.

56.

Inputs or raw materials locally purchased or imported by manufacturers of agricultural machinery and implements upon approval by the Cabinet Secretary responsible for industrialization.

57.

The supply of taxable goods to special economic zone enterprises, developers and operators licensed under the Special Economic Zones Act.

(c) in Part II- (i) by deleting the following paragraph- *19.

The supply of taxable services in respect of goods in transit".

(iD by inserting the following new paragraphs- 194 Finance 2015 No.14 20.

Taxable services for direct and exclusive use in the implementation of official aid funded projects upon approval by the Cabinet Secretary to the National Treasury.

21.

Services imported or procured locally for use by the local film producers or local film agents certified by the Kenya Film Commission, subject to approval by the Cabinet Secretary for the National Treasury.

22.Taxable services provided for direct and exclusive use in the construction and infrastructural works in industrial and recreational parks of one hundred acres or more, approved by the Cabinet Secretary for the National Treasury upon recommendation by the Cabinet Secretary responsible for Industrialization.

23.

Supply of sewerage' services by the national government, a county government, any political subdivision thereof or a person approved by the Cabinet Secretary for the time being responsible for water development.

24.The supply of taxable services to special economic zone enterprises, developers and operators licensed under the Special Economic Zones Act.

6.

The Second Schedule to the Value Added Tax Act Amendments to the Second Schcdule of is amended- VAT Act,2013.

(a) in Part A by inserting the following paragraphs immediately after paragraph (8) 9.

Goods purchased from duty free shops by passengers departing to places outside Kenya.

10.

Supply of taxable services in respect of goods in transit.

11.

Inputs or raw materials (either produced locally or imported) supplied to pharmaceutical manufacturers in Kenya for manufacturing medicaments, as approved from time to time by the Cabinet Secretary in consultation with the Cabinet Secretary responsible for matters relating to health.

r95 ?,015 Finance No.14 (b) in Part B, by inserting the following subparagraphs at the end of the proviso to paragraph 6 (3) (c)- (iii) where the returning resident has owned and used a left hand drive vehicle for at least twelve months the person may sell the vehicle and import a right hand drive vehicle of equivalent value, subject to the following conditions- (A) the person shall provide proof of ownership and use of the previously owned left-hand-drive vehicle in the country of former residence for a period of at least one year prior to the return; (B) the person shall provide proof of disposal of the previously owned left- hand-drive vehicle before changing residence; and (C) where the left-hand-drive vehicle is sold and replaced under this subparagraph, the right-hand drive vehicle shall be similar to the'previously owned left- hand-drive vehicle in make, engine rating and year of manufacture; (iv) subparagraph (iii) shall only apply to residents returning from countries that operate Left Hand Drive mtor vehicles.

(c) Inserting a new Part C immediately after paragraph 9, Part B- Medicaments of the following HS Codes shall be zero rated- 3002.20.00 Vaccines for human medicine.

3002.30.00 Vaccines for veterinary medicine 3003.10.00 3303.20.00 196 No.

14 Finance 2015 3003.39.00 Other medicaments, containing hormones or other products of heading No.

29.37 but not containing antibiotics, not put up in measured doses or in forms or packings for retail sale.

3003.40.00 Medicaments containing alkaloids or derivatives thereof but not containing hormones or other products of heading No.

29.37 or antibiotics, not put up in measured doses or in forms or packings for retail sale.

3003.90.00 3003.90.10 Infusion solutions for ingestion other than by mouth not put up in measured doses or in forms or packings for retail sale.

3003.90.90 Other medicaments (excluding goods of heading No.

30.02, 30.05 or 30.06) consisting of two or more constituents which have been mixed together for therapeutic or prophylactic uses, not put up in measured doses or in forms or packings for retail sale.

3004.10.00 Medicaments containing penicillins or derivatives thereof, with a penicillanic acid structure, or streptomycins or their derivatives, put up in measured doses or in forms or packings for retail sale.

3004.20.00 Medicaments containing other antibiotics, put up in measured doses or in forms or packings for retail sale.

3004.32.00 Medicaments containing adrenal cortical hormones, put up in measured doses or in forms or packings for retail sale.

197 Finance n$ No.14 3004.39.00 Other medicaments containing hormones or other products of heading No.

29.37 but not containing antibiotics, put up in measunid doses or in forms or packings for retail sale.

3004.40.00 Medicaments containing alkaloids or derivatives thereof but not containing hormones, or other products of heading No.

29.37 or antibiotics, put up in measured doses or in forms or packings for retail sale.

3004.50.00 Other medicaments containing vitamins or other products of heading No.

29.36 put up in measured doses or in forms or packings for retail sale.

3004.90.00 Other medicaments (excluding goods of heading No.

30.02, 30.05 or 30.06) consisting of mixed or unmixed products, for therapeutic or.

prophylactic uses, put up in measured doses or in forms or packings for retail sale fOO+.90.90 Other medicaments (excluding goods of heading No.

30.02, 30.05 or 30.06) consisting of mixed or unmixed products, for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale.

P,A,RT M_INCOME TAX 7.

Section 2 of the Income Tax Act is amended by Amendrrcnt to sectix 2 ofCap.

ldding the Jo.ll.owing provisos immediately after the 470.

following definitions- (a) "training fees"- Provided that trairfing fee shall not include fees paid for educational services provided by- 198 Finance 20t5 No.14 (a) a pre-primary, primary, or secondary school; (b) a technical college or university; (c) an institution established for the promotion of adult education, vocational training or technical education.

(b) "winnings" Provided that this definition shall only apply in the case of winnings payable to punters (players) by bookmakers.

8.

The Income Tax Act is amended by inserting the lnscrtion d ncw scction 6A ofCap.

following new section immediately after section 6- 470.

Impositioo of residantial 6A.

(l) Notwithstanding any other rcntal Inome Tu.

provision of this Act, a tax to be known as residential rental income tax shall be payable with effect from the lst January, 2O16 by any resident person from income which is accrued in or derived from Kenya for the use or occupation of residential propefty, and which does not exceed ten million shillings during any year of income Provided that this section shall not apply where a person who would otherwise pay tax under this section, by notice in writing addressed to the Commissioner, elects not to be subject to residential rental income tox, in which case the other provisions of this Act shall apply to such a person.

(2) The Minister may, by notice in the Gazette, prescribe regulations for the better carrying out the provisions of this section.

9.

Section l0 of the Income Tax Act is amended in Amcndmnt to scction l0 of subsection (l) bV deleting paragraph (g) and substituting Cap.470.

therefor the following new paragraph- "(g) winnings payable by bookmakers to punters (players)'.

199 2015 Finance No.14 10.

Section 15 of the Income Tax Act is amended- Amendmentio scction l5 ofCapi.

(a) in subsection (4), by deleting the word "four" 470.

and substituting therefor the word "nine"; (b) in subsection (5), by deleting the words "five years" and substituting therefor the words "ten (c) years"; (5A) in subsection by- (i) deleting paragraph (a) ; and (ii) deleting the expression *(b) for any other case".

(d) in subsection (7) (a), by deleting the words "six sources" and substituting therefor the words ttseven sources".

11.

Section 34 of the Income Tax Act is amended- Amend[Ent to scction 34 of (a) in (lF Cap.47O.

subsection (i) deleting paragraph (i); (ii) by inserting the following new paragraphs immediately after paragraph ()- "(k) tax upon gross rental receipts of a person chargeable to tal( under section 6A shall be charged at the resident rate specified under the Third Schedule for that year of (l) income." the transfer of interest in a person shall be charged as per provisions of the Ninth Schedule.

(m) tax upon the gross winnings payable by bookmakers to punters (players) shall be charged at the resident rate for that year of income"; (b) in subsection (2)- (i) by deleting paragraph (k); (ii) by deleting paragraph (i) and substituting therefor the following paragraph- (i) winnings payable by bookmakers to punters (players).

III 200 No.14 Finance 2015 12.

Section 35 of the Income Tax Act is amended- (a) in subsection (1), by deleting paragraph (i) ana substituting therefor the following new paragraph- () winnings payable by bookmakers to punters (players); (b) bV inserting the following new subsection immediately after subsection (1)- (lA) Subsection (l) shall not apply to payments made by filming agents and filming producers approved by the Kenya Film Commission to actors and crew members approved for.

pnrposes of paragraphs (g) and (h).

(c) in subsection (3)- (i) by deleting paragraph (); (iD by deleting paragraph (i) and substituting therefor the following new paragraph- (i) winnings payable by bookmakers to punters (players).

13.

The Income Tax Act is amended by inserting the Insrtim d stion following ngw section immediately after section 39A- 39B in@.470.

ffi.il.ff"' 39B.

(1) Any employer who engsges at least ten university graduates as apprentices for a period of six to twelve months during any year of income shall be eligible for tax rebate in the year subsequent to the year of such engagement.

(2) The Cabinet Secretary may by notice in the Gazette make regulations for the better carrying out of the provisions of this section.

14.

Section 117 of the Income Tax Act, is amended Amendrnent of sctkm I 17 ofCap.

by deleting the expression "Attorney-General" and 470.

substituting therefor the expression "Director of Public Prosecutions".

201 2015 Finance No.14 15.

The Income Tax Act is amended by inserting the AmendrEnt to seaion 123 of following new section after section l23B- Cap.4?0.

Commissioner to 123C.

(l) Subject to subsection (2) but rcftrin fiom assessing or rlcovcrirg trx in notwithstanding any other provisions of this ccrtrin cascs.

Act, tlre Commissioner shall, with effect from the lst July, 2015, refrain from assessing or recovering- (a) taxes, penalties or interest thereon in respect of any period before and during the 2013 year of income- (b) penalties or interest thereon in rcspect of the 20L4 and 2015 years of income- where- (i) the income is in respect of gains or profits for the use or occupation of immovable property earned by a person, and (iD the returns or amended returns for the 2014 and 2015 years of income are submitted and the tax paid on or before the 30th June,2016.

(2) This section shall not apply in respect of any tax where the person who shouldhave paid the tax- (a) has been assessed in respect of the tax or any matter relating to the tax, or (b) is under audit or investigation in respect of the undisclosed income or any matter relating to the undisclosed income.

(3) Where a person has no documentation to support expenditure, such person shall be allowed a deduction of fony percent of the gross rent, premium or similar consideration for the use or occupation of immovable property.

202 Finance 2015 No.14 16.

The First Schedule of the Income Tax Act is A]trcndflEntofthe First Schcdulc to amended- Cap.470.

(a) in paragraph 36 by- (i) deleting the expression "thirty thousand shillings" appearing in paragraph d (i) and substituting therefor the words "thr@ million shillings"; (ii) deleting the expression "one hundred acres" appearing in sub-paragraph d (ii) and substituting therefor the expression "fifty acres"; (iii) inserting the following proviso immediately after paragraph (0- Provided that where there is a court case regarding such estate the period of transfer or sale under this paragraph shall be two years from the date of the finalization of such court case.

(b) in paragaph 46 by inserting the words "special economic zane enterprises, developers and operators licensed under the Special Economic Tnnes Act" after the words "ventur capital company''.

17.

The Second Schedule to the Income Tax Act is AmendrrEnt of the Sccond Schcdule !o amended- Cap.47O.

(a) in paragraph l, by inserting the following proviso at the end of subparagraph (l) (dd)- Provided that in the case of a building in use for the training of film producers, actors or crew, the rate of deduction shall be one hundred percent.

(b) in paragraph 25- (i) deleting the expression "495 tons" wherever it appears and substituting therefor the expression"l25 tons"; (ii) deleting the expression "forty per cent" and substituting therefor the expression "one hundred per cent".

203 2015 Finance No.14 (c) in paragraph 7 (3) by- (i) deleting the expression "subparagraph (cc) or (d)" and substituting therefor the expression "subparagraph (a)".

(ii) deleting the expression "subparagraph (d) and substituting therefor the expression "subparagraph (cc) or (d).

lE.

Head B of the Third Schedule to the Income Tax Amcndment ofthe Third Schedule to Act is amended- Cap 4?O.

(a) in paragraph 2, by adding the following subparagraphs immediately after subparagraph 2 (0- (g) (i) in the case of a company introducing its shares through listing or any securities exchange via introduction, twenty-five percent for the period of five years commencing immediately after the year of income following the date of such listing.

(ii) A gain on transfer of securities traded on any securities exchange licensed by the Capital Markets Authority is not chargeable to tax under section 3 (2) (0.

(h) in the case of a special economic zone enterprise, developer and operator, ten percent for the first ten years from date of first operation and thereafter fifteen percent for another ten years.

(b) in paragraph 3- (i) by deleting subparagraph (m) and substituting therefor the following new subparagraph (m)- (m) in the case of winnings of bookmakers, the withholding tax rate shall be seven and a half percent ofthe gross profit.

(ii) by deleting subparagraph (n).

(iii) inserting the following new subparagraph after subparagraph (m) - 204 Finance No.14 (n) in the case of a special economic zones enterprise, developer and operator in respect of payments other than dividends made to non-residents at the rate of ten percent.

(c) in paragraph 5 by- (i) deleting the proviso at the end of paragraph o and substituting therefor the following new proviso- Provided that- (D the tax so deducted shall be final; and (ii) in the case of bookmakers, the withholding tax shall be seven and a half percent of the gross profit.

(ii) inserting the following new paragraph after paragraph (i)- 0a) in respect of a rent, premium or similar consideration for the use or occupation of immovable property, twelve percent of the (iii) gross amount payable (k).

by deleting subparagraph (d) by inserting the following new paragraph immediately after paragraph (9)- "(10) The rate of tax in respect of residential rental income shall be ten percent of the gross rental receipts of a taxable resident person under section 6A".

19.

The Eighth Schedule to the Income Tax Act is Amendment of thc Eighth Schedule of amended- Cag.47O.

(a) in paragraph 6- (i) by inserting the words "or their immediate family" immediately after the words "or former spouses" appearing in subparagraph (2) (h); (ii) by deleting subparagraph (2) (i); I : 205 Li 20f5 Finance No.14 III (iii) by inserting the following sub-paragraph I immediately after sub-paragraph (2)- (3) For the purposes of this paragraph, I "immediate family" means children of the spouses or former spouses.

I (b) by inserting the following new paragraph I immediately after paragraph 8- cap'485A 8A.

Notwithstanding any other t provision of this Act, the deduction of costs I of property shall not apply in the case of securities listed on any securities exchange l approved under the Capital Markets Act.

(c) in paragraph 14- I (i) by deleting the definition of "adjusted cost" (ii) by deleting the definition of "ffansfer value" (d) bV deleting paragraph 15 and substituting therefor I the following new paragraph- I 15.

The gain subject to tax under this Part is the gross consideration payable and shall be subject to the withholding tax rate under paragraph (3) and (5) of the Third Schedule.

(e) by deleting paragraphs 16, 16A and 17; l (0 bV inserting the following proviso at the end of paragraph 18- Provided that this paragraph shall also apply to shares transferred under Part I of this Schedule.

I (g) by inserting the following new paragraph immediately after paragraph 11- 11A.

The due date for tax payable in respect of property transferred under this Part shall be on or before the date of application for transfer of the property is made at the relevant Lands Office.

20.

The Income Tax Act is amended in the Ninth Amcndnpnt ofthe Ninth Schedulc of Schedule- Cap.470.

206 No.l4 Finance (a) by inserting the following new definitions in paragraph (l) proper alphabetical sequence- "petroleum information" means relating to petroleum operations; "petroleum operations" means authorized operations undertaken under a petroleum agreement;.

(b) by deleting subparagraph 6 (3) and substituting therefor the following new subparagraph- (3) An amount accumulated in or withdrawn from a rehabilitation fund to meet expenditure incurred under an approved plan and interest income and investment income in respect of a rehabilitation fund shall be exempt from tax.

(c) by deleting the word "twenty" in subparagraph (2) (b) of paragraph 15 and substituting therefor the word expression "5.625"; (d) by deleting the expression "management or professional fees" appearing on paragraph 16 (d) and substituting therefor the expression "management, training or professional fees".

21.

The First Schedule to the Kenya Revenue Amen&nentotlrc Fir$ Schedule of Authority Act is amended in Part II by inserting a new item Crp.469 13 immediately after items 12 as follows- 13.

The National Social Security Fund Act, 2013.

PART IV-NflSCELLANEOUS 22.

The Stamp Duty Act is amended by insening the Insenion of a ncw section 96A in Cap following new section immediately after section !)5- 4t0.

ff;[1':#ITX,i:', 96A.

(l) This section applies only to to rcalesiare inve.rm.it lgnl eState inVeStment tfUStS aUthOfiZed under the Capital Markets Act, in respect of which it is shown to the collector- (a) that the effect thereof is to convey or transfer a beneficial interest in property from one trustee to another trustee or to an additional trustee; or 207 2015 Finance No.14 (b) that the effect thereof is to convey or transfer a beneficial interest in property from a person or persons for the transfer of units in the real estate investment trust.

(2) No Stamp duty shall be chargeable on an instrument relating to the matters referred to in subsection (1).

(3) An instrument to which this section applies shall be deemed to be duly stamped where it has, in accordance with the provisions of section 17, stamped with the particular stamp denoting that it is not chargeable with any duty.

(4) The exemption for instruments to which paragraph (1) (b) applies shall.only have effect in respect of instruments executed before the 3lst December, 2022.

(5) For the purposes of this section- "additional trustee" means a new trustee appointed to an existing real estate investment trust.

"trustee" means a person appointed under a trust deed as a trustee of a real estate investment trust or otherwise so appointed by the court or pursuant to regulations made under the Capital Markets Act.

23.

Section 2 of the Insurance Act is amended by Amend[Entof section 2 ofCap.

inserting the following new definition in proper 487.

sequence- "capital adequacy ratio" means a measure of the available capital in relation to the required capital.

24.

Section 23 of the Insurance Act is amended- Amendnrcntof section 23 ofCap.

(a) in subsection (2) by deleting the word 'Minister" 487.

and substituting therefor the word "Authority; (b) in subsection (3) deleting the words "or under section 28"; (c) by inserting the following new subsection immediately after subsection (3)- 208 Finance 2015 No.14 (3A) If the Authority considers it appropriate, having regard to the nature, scale and complexity of the insurance business carried on or proposed to be carried on by an insurer, and to the insurer's risk profile, the Authority may issue- (a) a directive requiring the insurer to increase its paid-up capital to an amount higher than the minimum specified in the Regulations; or (b) a directive increasing the minimum capital adequacy requirement applicable to an insurer to a higher sum than that specified in the Regulations.

25.

Section 28 of the Insurance Act is amended by Amcndnrntof scctlon 28 ofCap.

deleting the word "Minister" appearing in subsection (2) 487.

and substituting therefor the word "Authority".

26.

Section 30 of the Insurance Act is amended by Arrcndmntof soction 30 ofCrp.

inserting the following new item immediately after item 487.

(kF (l) an investment plan for the following period of not less than three years.

211,1\e Insurance Act is amended by repealing Rcpeal and rcplacemat of section 4l and replacing it with the following new scction 41 ofCap.

section- 487.

Marginorsorvencv.

41.(l) An insurer carrying on insurance business in Kenya shall at all times keep total admitted assets of not less than its total admitted liabilities and the capital adequacy ratio as may be determined by the Authority.

(2) For purposes of subsection (1), the Authority may prescribe the method of determining admitted assets and admitted liabilities.

(3) An insurer carrying on both long term and general insurance business shall at all times maintain separate margins of solvency.

209 2015 Finance t{o.14 (4) An insurer failing to comply with the requirements of this section shall be deemed to be unable to pay its debts within the meaning of section 123.

2E.

Section 47 of the Insurance Act is amended by Anrendment to scction 47 ofCap.

deleting the word "Minister" wherever it appears and 4t7.

substitrating therefor with the word "Cabinet Secretary".

29.

The Insurance Act is amended by repealing Repeal and replacemant of section 48 and replacing it with the following new scctirn 48 in section- Cep.487.

ruiffiff:* 48.

Subject to the provision oJ section 4l and 50 and to any provisioris in the tI instruments constituting the insurer or in the t articles of association or other rules of the insurer which impose restrictions upon the I manner in which the assets of the insurer I may be invested, the assets of an insurer shall, with sufficient regard to t considerations of security, liquidity and income, be invested in accordance with the i provisions of such investment guidelines as may be issued by the Authority.

i frL The Insurance Act is amended by repealing Rcpcal and rcplremantof section S and rcplacing it with the following new srior 50of Cap.

section- 4t7, I ffifr*ffii,.

50 (1) Every insurer shall invest its t assets in accordance with the investment guidelines issued under section 48.

I (2) Every insurer shall submit to the Authority an investment policy in such I manner, form and for period not less than three years or such longer period as the Authority may determine from time to time.

31.

Section 151 of the Insurance Act is amended- Amenilnrntof sectlnt l5l ofCap.

(a) (1) (b); 487.

by deleting subsection (b) bV inserting the following new subsection immediately after subsection (l)- 2to Finance 20rs No.14 (lA) Notwithstanding the provisions of subsection (l), a registered agent shall spek to be appointed by an insurer before transacting business on their behalf.

(c) by deleting subsection (2) and substituting therefor the following new subsection- (2) No person shall make a statement in an application, account, written information or document submitted under this section that is false or misleading.

32.

The Insurance Act is amended by deleting the Amendmentofthc Second Schedule of Second Schedule and substituting therefor the following Cap.487.

new Schedule- MII\IIMUM CAPITAL REQTJIREMENTS l.

Subject to paragraph (3), no person shall be registered as an insurer unless the persons paid-up capital is- (a) in the case of general Insurance business, the higher of- (i) six hundred million shillings; (ii) risk based capital determined from time to time; or (iii) 20Vo of the net earned premiums of the preceeding financial year; (b) in case of long term insurance business, the higher of- (i) four hundred million shillings; or (i0 risk based capital determined by the Authority from time to time; or (iii) SVo of the liabilities of the life business for the financial year.

(c) in case of reinsurance business (general business), the higher of- (i) one billion shillings; or (ii) risk based capital determined by the Authority from time to time; or (iii) 2OVo of the net earned premiums of the preceeding financial year; 2tt 2015 Finance No.

L4 (d) in case of reinsurance business (long term business), the higher of- (i) five hundred million shillings; or (ii) risk based capital determined by the Authority from time to time; or (iii) 5?o of the liabilities of the life business for the financial year.

2.

The minimum capital requirement specified in paragraph (a), (b), (c) and (d) shall consist- (a) government bonds and Treasury Bills; (b) deposits and cash with a minimum of 1O?o in any one bank or group of banks; and (c) cash and cash equivalent in the case of a new company.

3.

An insurer registered before the commencement of this Schedule shall comply with the foregoing requirement by the 30th June, 2018.

33.

Section 2 oJ the Banking Act is amended by lffifffi'jj, deleting the definition of the expression "significant 48s.

shareholder" and substituting therefor the following new definition- "significant shareholder" means a person, other than the Government or public entity, who holds, directly or indirectly, or otherwise has a beneficial interest amounting to, five per cent or more of the share capital of an institution or a corporate entity seeking to become an institution".

34.

Section 5 of the Banking Act is amended by Amendnrcnt of scction 5 ofCap.

deleting subsections (3), (4), (5), (6), (7), (8), (9), (10) and 488.

(11) and substituting therefor the following- (3) A licence issued under this section shall remain valid unless revoked under section 6: Provided that a licence which was in force on the date of commencement of this subsection shall be deemed to be a licence to which this subsection applies.

212 No.14 Finance 2015 ( An institution shall pay annual fees in such amount ) and in such manner as the Central Bank may prescribe.

(5) An institution that fails to pay the annual fees by the end of the financial year shall pay double the annual fee, if payment is made within ninety days after the end of the financial year.

(6) An institution which fails to pay the annual fees within ninety days after the end of the financial year referred to in subsection (5) shall have its licence revoked under section 6.

(7) Any fee or other amount payable under this section shall be paid into the Central Bank.

35.

Section 9A of the Banking Act is amended- Amendnrnto section 9A ofCap.

(a) by inserting the following new subsections 488.

immediately after subsection (3)- (3A) Notwithstanding any other provision in this section, the Central Bank may vet any shareholder who is not a significant shareholder if- (a) the Central Bank has reason to believe or reasonably suspect that such shareholder has reduced its direct or indirect shareholding in an institution or in a corporate entity to below 5 Vo in order to avoid vetting; or (b) the shareholder exercises or has the capacity to exercise direct or indirect conhol of the institution or corporate entity through his or its associates.

(3B) For the purposes of subsection (3A) (b) "control" means- (a) the ability to influence the management of an institution, a corporate shareholder of an instinrtion or a corporate entity seeking to become an institution; or (b) the ability to influence, directly or indirectly, the decisions of the shareholders of an institution, a corporate shareholder of an institution or a corporate entity seeking to become an institution.

213 Finance No.

14 (3C) Any non-significant shareholder proposed to be vetted under this section shall be vetted in accordance with the criteria set out in Part B of the First Schedule and the vettlng requirements for significant shareholders set out in the Prudential Guidelines.

(3D) A non-significant shareholder, upon being determined by the Central Bank as not fulfilling the fit and proper criteria aq set out in Part B of the First Schedule shall be subject to the limitation set out in subsection (4) (a) of this section and may in addition be directed by the Central bank to cease aqy form of association or relationship with a particular person or institution.

(b) in subsection 4 (b) by deleting the words "five percent or less'l and substituting therefor the words "below five percent".

(c) deleting subsection (6).

36.

Section 13 of the Banking Act is amended by Amendment of .section 13 of Cap.

inserting the following new subsection immediately after 488.

subsection (1)- (lA) For the purposes of zubsection (l), reference to "person" shall.include a reference to that person's associates.

37.

Section 34 of the Banking Aot is amended- Amendrentof section 34 ofCap.

(a) in subsection (2) (b) by deleting all the words 488.

appearing immediately before the word "control" and substituting therefcr the words "appoint Kenya Deposit Insurance Corporation to aiiumc the management", 38.

Section 34A of the Banking Act,is arnended by Amendment ofscction 34A of inserting the following new subsection,immediately after Cap.48E subsection (5)- (6) The Central Bank shall upon approval of a voluntary liquidation; appoint the Kenya Deposit Insurance Corporation to undertake the approved voluntary liquidation.

214 Flw a$ I{o.14 9.

The Banking At is rll# by repealixtg Rcpcal of eccrion socti{m 35A- 35Aof Cap.

ti88.

40.

Ttre $aq*ing Act io all# ty rpdi$g Repcal of stion section 36A.

36A ofCap.

488.

41, Ttre Barkiag Act ir en# by *gdiry,sdion ffiUffi 358.

42.

The Bax*iry Art ia e#cd by nDpcding Repcal.ofsectim rection 36C.

36Cof.Captl88.

43.

The Be*isg Aft fu almdd by rqealing Rcpcel ofsection section 39A 39A ofCap.

488.

U.

Section ll of &cM8d$crie *mmdedfur Amcnd[Entof sccrkrn II ofCrp.

subseciion (l) {a) @ iascmiq fu {roffi "appoisod by fte 491.

Prsi&nf" funfirdiscly afu fb ntord*Chiryosom".

45.

Section 13 of lhCcmd ffiAd! is nmmdd ia ArDcndfrntof section .13 ofCag.

subsection {l) by ffiiag {he {red "fa{iamm" aad {9r.

substituting therefor the wofids "the tthbnal,Asffidlly-.

46.

The Rod lvlaintw {Ny f{md Aot is Amcndrncnt of sccrion 3 of No.

9 of amendd in subsodkm (3) by {ffidcniry rfo *:risting t993.

provision as sub#ion (l) d hffidry &e fuilkwiag new srbsectiom - (2) Out of tu bvy mflM re nesdklo (1) the,re shall be paid trr sr.ir@untf effi &ill,@s pu litre of petolum sold ire trr *md AffiAry fM #abli$ed urder the public finarcf 'Umrymt fW,8lZ.

47.

Section 34,of fu Rairm M*s Art, 1998 Amcodtncot of sccrion 34 of No.

7 is amended ia sfudim {4} ty dc*ctfug f$p $r,ord "eix" of l99S.

and sn$stitnting fupftrl$o flf,od.fusf S.

See,tion 2 ,of fu fuowe of f,rfue :md ,Aoti- AmendrlEnt dccction2 of No.9 Money l,aulffig Act is ffidod $y deletias the of2flI9.

definitim of the wmd tl[ini# sd aSffiiry thrcfor the following rw &fmtriffi - *Ministd elrems S ffiiS Sgsrfiffy fry fire time being reryoasitEe fs mffis fidsiry fo fu, d all refrenccs ia &ir Acd b'thc il[iah$'&rU Sp o@atnrcd accordingly.

49.

Se$ion 23 .of ,thp M of Crilne amd Anti- Amcndnpnt of 'ia.ctfusstion section 23 ofNo.9 Money Laundmiqg Ac,t, 2@ ;is.momded (l) of 2009.

by adding at fu,od tharef tbo'ilffi.h *d fu f*aancing of terrorism".

215 2015 Finance No.14 50.

Section 24 of the Proceeds of Crimes and Anti- Am&rnof rcclfrm 2tlof hh.9 Money Laundering Act,2@9 is amended- of 2m0.

(a) by deleting paragraph (a) and substituting therefor the following new paragraph- (a) shall receive, analyse and interpret- (i) reports of usual or suspicious transactioils made by reporting institutions pursllant to section 12; (ii) all reports made pursuant to section 44; informatioh disclosed to it pursuant to section 42 of the Prevention of Tennriem Act,20l2; and (iv) any additional or other inforrtration disclosed to it and obtaind by it in terrns of this Act.

(b) by deleting paragraph (b) and substimting tlrerefor the following new paragraph- (b) shall send information received undcr this Act to the appropriate law enforcenreat auffuitieq any intelligence agency, or any o&cr appropriare urpervisory body for fnrds handling if, having considerd the rcBorts" dre Director has reasonable grourds to suryoct $at a transaction or activitf involves prooeeds of crime, money laundering or financiog of (c) by deleting paragraph (d) 4rd slbetiultilrg tharefor the following new paragraph- (d) shall send to ttre appropriarc law enforcensrt authorities, intelligence agerrcy, or aalperoisory body any other infornratiom derived frml an inspection carried out puruant to ts paragfaptr (c) if such inspection grves ttrc Dil*tor reasonable grounds to suspect that ,a transaction or activity inyolves proceeds of crime, money laundering or the financiag of terrorism.

216 No.14 Finance 2015 (d) by deleting paragraph (e) and substituting thorefor the following new paragraph- (e) may instruct any reporting institution to- (i) provide it with such other or additional infonnalion or doeuments [o pnable the centre to properly Undertake its funetions under this Act; or (ii) take such steps as may be appropriate [o facilitate any investigation undertaken or to be undertaken by the Centre including providing documents and other relevant information.

51.

Section 36A of the Proceeds of Crime and Anti- Ame[dmpnt of section 36A ofNo.9 Money Laundering Act, 2009 is amended by inserting the ol ?-012.

following new subsectio4 immediately after subsection (7)- (8) Notwithstanding the provisions of subsection (1) or any other provision of this Act, the Centre may require a reporting institution to report on that institution's compliance with this Act or any order, determination, instruction, or direction in the manner and within suph period as may be determined by the Centre.

52.

Section 2 of the Public Service Superannuation Amen.drtent to Sg.ction 2 of No.E of Scheme Act is amended- nn.

(a) by deleting thp deJinition of the term "bond"; (b) in the definition of the term "shild", by delgtigg tho word rtwenty-ong" and substituting therefor the word'reighteen", 53.

Section 6 of the Public Superannuation Scheme ,tmgrt*nert h sepdpn 6 of l'1o,8 of Act is amended by inserting the following new subsection 20t2.

immediately after subsection (5)- (5A) The contribution specified in subseotisnq (1) and (2) shall commence from such datp ao the Cabinet Secretqry may, by notice in the Gazette, appoint.

54, Section 50 of the Public Service Superannuatlon Amen*nmtm qf rp.otion 50 of No, E Spheme Act is amended- 2Ql2-, 7 217 2015 Finance No.14 (a) in subsection (l) (b)' by deleting the words "a bond to be known as the Government of Kenya Public Service Superannuation Bond in favour of the member" appearing at the end and substituting therefor the words "a letter recognizing accrued benefits at the date of joining the scheme [fldef this Act".

(b) by deleting subsections (2), (3) and (a).

(c) in subsection (5) bV deleting the words'ofrom the bond" appearing immediately after the word "benefit" and substituting therefor the words "under this Act" 55.

The Public Service Superannuation Scheme Act Amendment to scction 60 of No.

8 of is amended by deleting section 60 and replacing therefor 2IJ12.

with the following- Anrendmenttothe 60 The First Schedule to the National First St-lredule of N".*tiolr.

Social Security Fund Act is amended by inserting the following new paragraph (3) immediately after paragraph (2)- "(3) A person who is a beneficiary of a pension scheme funded out of the Consolidated Fund shall be exempt from Tier II contributions under this Act'i.

56.

Section 20 of the Kenya Deposit Insurartce Act, Amendmnt of Sectidh 20 of the No.

2012 is amended in subsection (3)- l0 of ilI2 (a) by inserting the words "or from any other person" immediately after the expression "section 21", (b) by deleting item (e).

57.

Section 76 of the Kenya Deposit Insurance Act, 2Ol2 is amended- (a) in subsection (4), by deleting the expression "twelve months" and substituting therefor the expression "twenty four months"; (b) by inserting the following new subsection immediately after subsection (7)- 218 I11o,I4 Finance.

2015 (8) All legal proceedings pending by or Amendmnt of section 76 of the No.

against, the Deposit Protection Fund Board, in l0 of Nl2.

respect of the repealed Act, shall be deemed to continue or be continued by or against the Corporation.

5E.

Section 62 of the Consumer Protection Act,2Ol2 AmcndfiEnt of stion 62 of lrlo-46 is amended by inserting the following new subsection of2Ol2.

immediately after section (4)- (5) The provisions of this section shall not apply to a credit agreement where the National or the County Government is the principal borrower or guarantor or where the borrower is a public entity.

59.

Section 4 of the Public Private Partnership Act is Amendnrcnt to section 4 of Act No, amended in subsection (l) by- l5 of20l3.

(a) deleting item (b) (b) inserting the following new items immediately after item (h)- *(i) the Principal Secretary in the State department for the time being responsible for transport; 0) the Principal Secretary in the State department for the time being responsible for infrastructure; (k) the Principal Secretary in the State department for the time being responsible for energy".

60.

Section 43 of the Public Private Partnership Act is Amendment to section 43 of Act amended in subsection (2) by inserting the following new No.l5 of2013.

item (gg) immediately after item (g;- "(gg) conditions under which bidders may submit request for clarifications; and." 61.

Section 13 of the Tax Appeals Tribunal Act, 2013 Amendments of scction 13 ofNo4O is amended by inserting the following proviso immediately of20l3.

after subsection (7)- zts 2015 Fimlr;cI\b.14 Frovided tfw 4wiag the pcriod of m pr from the date of its first sitting, the Tribsset *rey extond th pcriod for the hearing an rypeat fr e pkrd dry to sixty days if there are sufficierf gwrd$ to do rc.

62.

Seetion 4 @f tlteTax Amcek hci"I0l3 Anp'ndmontof t$ rce*in 44 ofNo.

is anErrded by insorting t[r fotlmrud "ritnmal mw subssctioo of2Ol3.

irnrnediately after subcetiom (2)- (3) Ttle Tr*hnxal s}tall lre md ddErminc appeals rel*ing ts t&x docisist medc befce its firs siui*g (if fr s,&s rffi wrchded by the ryeal nrechmissr th* qi*ed befosc the csilsbli$mcnt of the Trihrml) witfuin a pcriod dme 1w frun &cd&te I of first aitting.

IiIIlii ]tr.

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