Introduction:
A pandemic is an infectious disease occurring across international borders.
The Bill, once it becomes law, shall provide a legal framework for coordinated response and management of activities during a pandemic; temporary measures and relief during pandemic; and connected purpose.
What are some of the proposals on the establishment of the pandemic response fund?
Section 20- Objects of the fund
That a pandemic response fund shall be established upon a declaration of the pandemic and which funds shall be to mobilize resources to go towards containing the spread and impact of the pandemic.
Section 24 - Winding up of the Fund
The Cabinet Minister of health shall wind up the fund within one month of the publication of a notice in the Gazette declaring the end of the pandemic by the President.
What are the proposed socio-economic protective measures?
Provisions |
Summary of the provisions |
Section 25 – Tax incentives
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The Cabinet Secretary (Finance), may with approval of parliament, introduce measures to cushion affected persons for the duration of the pandemic.
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Section 26 – Loans and mortgages
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The Bill proposes the following measures in the event the pandemic affects the capacity of the public to meet its contractual obligations entered into prior to the pandemic. The following measures shall apply up to three months after the pandemic:
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Section 27 - Moratorium on penalties |
Lending financial institution shall be precluded from charging fees, interest and any other penalty for non-payment or late payment of obligations during the pandemic period.
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Section 28 -Contractual obligations
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Where a contract is entered into before the declaration of the pandemic and pandemic affects performance of the contractual obligations, the following shall be precluded:
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Section 29 – Tenancy Agreement |
The bill further proposes the following in respect to a tenant whose financial capacity is affected by the pandemic:
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Section 30 – Labour relations
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Where a pandemic adversely affects the ability of an employer to pay salaries or wages:-
An employer who is unable to pay salaries or wages shall permit an employee to take a leave of absence without pay for the duration of the pandemic.
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Section 32 – Utilities
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The bill proposes:
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Section 33 -Information technology
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In instances where the government issues directives that may adversely affect the conduct of on-site meeting or businesses, the Bill inter alia proposes-
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Section 34 – Rates and Licences |
County governments may suspend fees payable on renewal of trade licenses and payment of property rates during the pandemic. |
What are the proposed penalties under the Bill?
Provision |
Offence |
Penalty |
Section 35- Obstruction |
Obstruction of a public officer in the discharge of their function under the Act or if a person fails to comply with a direction given by competent authority in the furtherance of the provisions of the Act |
Fine not exceeding one million shillings; Imprisonment for a term not exceeding 1 year; or both. |
Section 36- False Claim |
Making false claim for purposes of obtaining any relief, assistance, repair, reconstruction of other benefits from a public office; or makes/circulates a false alarm knowingly or warning as to pandemic/ its severity/magnitude leading to panic |
Fine not exceeding one million shillings; Imprisonment for a term not exceeding 1 year; or both. |
Section 37- Misappropriation of relief money or materials |
A person who is entrusted or is in custody of the money and goods meant for providing relief during a pandemic- misappropriates the money or goods; or misappropriates the money and goods for the person’s own use; and compels another person to misappropriate the money or goods |
Fine not exceeding ten million shillings; Imprisonment for a term not exceeding 10 years; or both. |
Section 38- General Penalty |
Any other offence under the Act where a penalty is not provided. |
A fine not less than one hundred thousand shillings or fine not exceeding twice the value of goods or products or to imprisonment for a term not exceeding six months or to both. |
Article prepared by Angela Cherono,
Principal Associate in the Litigation Practice Group.