Kiambu County Finance Bill, 2020
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I ( / 4 SPECIAL ISSUE Kenya Gazette Supplement No 12(kiambu Coimiv Bills No 4} A ' r'- ^ A ^ i * i u RFPUBLIC OF KFNYA KENYA GAZETTE SUPPLEMENT KIAMBU COUNTY BILLS, 2020 NAIROBI,29th October, 2020 CONTENT Bill for Intioduction into the County Assembly ofKiambii— PAOF The Kiarabu County PinanLL Bill, 2020 1 P^MrJS AMOfUBLISHDiBY ni C nVTRNMJ \T IRL lER MAiPOBl THE KIAMBIT COUNTY FINANCE BILL^ 2fe0 ARRANGEIVIENT OF CLAUSES Clcrme PART J~PRELIMfNARY 1 —Short titlo and commencement 2—Interpretahon PART II—FEES,CHARGES AND RENT 3-—General Fees and charges 4 Fire-fighting, related safety inspection and other services 5 —Impounding of dmroals and other goods 6— Tourist sites and sanctuaries fees 7—Fishenes licenses 8—Fees tor weights and measures 9 ~ Bcttmg, lotteries and gaming 10—Solid Waste and related environmental management fees ]1 - Timber, Charcoal and Non-Wood Products Permit 12 - Commercial Advert, Noise Emission and Excavation permit fees 13—Permit foi base stations 14—Fees for use of public cemeteries 15 Fees tor use of the County bus park or picking and dropping bays 16— Fees for registiation of public service vehicles and booking otfices 17- -Fees for use of Countv Paiking areas 18 — Lands Housing and Physical planning fees 19—Rental housing properrj maiMgemeni 20——Adveitiseroent and signage 21—Wayleave chaiges and rent 22 -Market Fees, 23 -Hue of machmer} 24—Fees toi use of County stadmm, Grounds or Halls 25—Livestock and Vetennarv services fees. The kiamhu( oi'fiti btnanu b.ll 2020 26—Soil water and forestry conseivation lee 27—Amendment to the First Schedule to Act No 2 of 2019, 8—Tax waivers and vanatiors, 29—Amendments to the schedules P4»T m—PAYMENT 30—^Payments to the County Government, 31—Appointment and duties of an agent, PART IV—OFFENCfS AND PENALTIES 32—Geneidl penalty, 33 —Offences b\ staff of the County Government PARF V -MISCFLLANEOLS 34—Savings 35 —Cessation, 36 —Regulations 7he Kiambu Comity Finance Bill, 2020 THE KIAMBU COUNTY FINANCE BILL,2020 A Bill for AN ACT of the County Assembly of Kmmbu to provide lor the imposition or variation of fees, charges^ licenses, permits, i ents or rates for sei vices pursuant to Article 209 and 210 of the Constitution of Kenya,2010 and for connected purposes ENACTED by the County Assembly of Kiambu, as follows— PART I — PRELIMINARY Short title and commencement 1 This Act may be cited as the Kiambu County Finance Act 2020 Interpretation 2 In this Act unless context otherwise requires— "Authonzed channel" means the manner in which a person may effect payment to the County Government including but not limited to a person designated by the Executive Committee Member pursuant to Section 157 of the Public Finance Management Act, 2012, to collect or receive revenue oi any other mode of payment as ipay be prescnbed from time to time, 'Authorized officer" means a person designated as an authonzed officer of the County Government under any written law, "business' has the same meaning as assigned under the Kiambu County Trade License Act, 2016, 'County" means Kiambu County, 'County Government' means the County Government of Kiambu, County Public Officer' means a county public officer within the meaning of Section 2 of the County Governments Act, 2012, "County receiver of revenue" means a person designated pursuant to Section 157 of the Public F'nance Management Act, 2012, 'County Revenue Collector" means a county public officer authorized to collect revenue pursuant to Section 158 of the Public Finance Management Act, 2012, "Executive Committee Member' means the County Executive Committee Member for the time being responsible for matters relating to finance in the County Government, "Permit" means an onginal permit issued under this Act, Ihe Kiapihu County Finance Bill 2020 "Person" means a natural or juristic person, "Undesignated Area' means a public land, road reserve or any other area not authon2:ed by the County Government "Zone A" means the area comprising ot Thika, Kiamba and Ruiru Sub-Counties, 'Zone B' means the area comprising of Juja, Kabete, Kiambaa, Kikuyu Limurii and Giihungun Sub-Counties 'Zone C" means the area comprising of Lan, Gatundu North and Gatimdu South Sub-Counlies PART II — FEES,CHARGES AND REN T Genera! charges 3. A person who intends to carry out any of the activities specified in Part I ofthe First Schedule shall pay the fees prescnbed in the .last column of the relevant Part of that Schedule Fire-fightmg, related safety inspections and other services 4 (1) A person who intends to hire the County Government facilities or to obtain from the County Government services specified m Part IT of the First Schedule shall pay the fee prescnbed in the last column of relevant part of that Schedule (2) A person who is carrying out or intends to carry out a business within the County shall pay an annual fire safety inspection fee prescnbed in the last column of the relevant part of Part 11 of the First Schedule (3) A person shall pay the fee prescribed in the last column of the relevant part of Part H of the First Schedule routine inspection which may be earned out from ttmb to time by an suthonzed officer to ensure compbance with fne salcty measures (4) A person t^ho requests for training by the County Government for fire safety shall pay the fee prescribed in the relevant part of Part 11 of the First Schedule (5) A person who fails to pay the fee prescribed in subsection (2) or having received a service or hired an equipment or vehicle fails to pay the fee prescribed under this section contravenes the provisions of this section and shall be liable to a penalty ot ten per cent of the fee chargeable (6)In addition to any other remedy undei this Act, a person who contravenes the provisions of this section commits an offience and on IliL Kiawhu Covritx 1 mana liill 2020 convicton is liable to a fine of a sum not exceeding Kenya Shillings fifty thousand or an imprisonment teim not exceeding three months or to both Impounding of animals and other goods 5 (1) A.n authon/ed officer may impound an amma' or goods ol any person tor purposes of enforcing this Act oi anv other v.ntten law including la\ss relitmg to cnsuonment transport, livestock management and regulation of anv trade (2) An animal or goods impounded by the Count> Gosemment shall be released upon payment of the fee specified m Part 111 ot the First Schedule (1) W here an animal or goods impounded b\ the Countv Government IS not claimed by the oevner for a period of not less than six months such animal or goods shall be disposed m accordance with the provisions of the Public Procurement and Disposal Act, 2015 and the proceeds shall be realized by the Countv Government Tourist sites and sanctuaries fees 6 {1)A person who intends to access tfie tounst's sites and sanctuaries specified in Part IV of the First Schedule shall pay the da\ fee piescnbed in the last column ol that Part (2) A person who is found withm the tounst sites and sanctuaries specifiied in subsection (1) and has no proof ot payment of the picscnbed fee shall pa\ a penaltv equivalent to half of the lelevant prescnbed fee F isheries licences 7(1) A person who intends to carry out anv of the activities specified under Part V ot the First Schedule shall first appi} for a permit and pav to the Count> GovcTnment the fee prescribed m the last column of tfnt Part (2) Notwithstanding the provisions of subsection (1) a person applying foi a permit under this Act may b*. required to me^t such other requirements as mav be set out m any other relevant written laws (3) A person who contravenes the provision of sub-section (11 commits an offence and on conviction is liable to a fine of a sum not exceeding Kenya sbillmgs fiitv thousand or an imprisonment term not exceeding six months or to both Fees for weights and measures 8 (i) A person vho uses ueights, weighing machines and instruments, spirit and liquid measurmg mstmments m trade shall Annudliv apply to the Countv Govenvnent for thei*- venficition and paj Im kiumhii( o! finrmci H U ^020 the annual venfication fee as rrtscnbed in tiie last coluinn of Part VI of the Fust Sch<;,dule (2) Notwithstanding the gene^'ahtv of sub-scction (1) a fee may be charged pu service rendered ineiuding a fee tor adjusting the weights and other miscellaneous services as prescribed m the 1 tst column of Part VI o1 the first Schedule (3) A person shall not use ot continue 11 ust any »'vcights weighing machines and iistiurnents, spmts and liquid measunng instnaments in anv trade unless the same are verified in aecoiaante with this Act and anv other lelevant written law t4) A person who contun encs the provision of this section commits an oftcnce and on conviction is habit to a fine not exceeding twenty thousand shillings or an imprisonrn«.m term not w^xeetding three vtars or to both Betting lotteries and gaming 9(1) \ person shall not can7 out anv cf ht- activities listed under Part Vil of the First Schedule unless that person has first obtained a permit iiom the County Government (2) The County Government shall only issue the relevant permit to an applicant who has met the requrcraents of the lelevant wntten law and upon pavment of the fees prescribed in the relevant section of Part VII ol the I irst Schedule (3) A person who vontiavenes the provisions ot this section commits an offence and on eonvistion is liabL lO a fine of a sum not exceeding one hundred thousand or imprisonment for a term not exceeding six months or to both (4) In addition to any other remedy under this Act and any othei wntten law an autlionzed ofllcci" mav impound the goods of apeison who is in contravention of the provisions of this section Solid waste management and related environmental management fees 10 (1) A person operating or intending m opeiatc a business specified in Part I of the Second St,hcdule shad pay the annual solid waste management service fee prescribed in the ias^ column of Part t of that schedule (2) A person shall not vifter any of the services specified in the Second Scnedule unless that person has first obtaiiud authontv or permit of tne relevant County Department The Kiambu County Finance Bill 2020 (3) A.