12 Aug 2019
Appendix: Relevant Government Bodies in Kenya
Key legislation for FDI: The major regulations governing FDI are found in the Investment Promotion Act (2004). Other important documents that provide the legal framework for FDI include the 2010 Constitution of Kenya, the Companies Ordinance, the Private Public Partnership Act (2013), the Foreign Investment Protection Act (1990) and the Companies Act (2015).
The mandate of the Ministry is to promote Industrialization and Enterprise Development through:
- Industrialization and Cooperative Policy formulation and implementation;
- Implementation of the Industrial Property Rights regime;
- Private Sector Development Policy and Strategy;
- Quality Control including Industrial Standards development;
- Co-operative Savings, Credit and other Financial Services Policy and regulation;
- Development of Micro, Small and Medium Enterprises and Buy Kenya policy.
EPZA is a State Corporation, under the Ministry of Industry, Trade and Cooperatives established in 1990, by the EPZ Act CAP 517, Laws of Kenya. EPZA’s mandate is to promote and facilitate export-oriented investments and to develop an enabling environment for such investments.
The Ministry of East African Community and Regional Development was established in 2018 following the reorganization of the Government of Kenya. The Ministry has two State Departments - East African Community and Regional and Northern Corridor Development. The Ministry is established to coordinate Kenya’s participation in the East African Community integration process pursuant to article 8(3)a of the Treaty for the Establishment of the East African Community.
The State Department for Planning assist Government in the formulation, co-ordination and implementation of economic policies and intervention measures that will effectively and efficiently accomplish the country’s major economic and development objectives. The Department provides leadership in preparation of the Kenya Vision 2030’s Medium-Term Plans, Sector Plans as well as in tracking their implementation.
KenInvest is a statutory body established in 2004 through an Act of Parliament with the main objective of promoting investments in Kenya. It is responsible for facilitating the implementation of new investment projects, providing After Care services for new and existing investments, as well as organizing investment promotion activities both locally and internationally.
In the executive order No.1/2018, the Ministry is charged with the following functions:
- National Lands Policy and Management
- Physical Planning and Land Use
- Land Transactions
- Survey and Mapping
- Land Adjudication
- Settlement Matters
- Rural Settlement Planning i.e. eco-village
- Land Registration
- National Spatial Infrastructure
- Land and Property Valuation Services Administration
- Administration of Public Land as Designated by the Constitution
- Land Information Systems
- Maintenance of a Public Land Bank
Under the fourth Schedule of the Constitution of Kenya 2010, the Ministry of Energy is responsible for energy policy and regulation of electricity and gas reticulation while County Governments are responsible for planning and development of electricity and gas reticulation and regulation. It aims to facilitate provision of clean, sustainable, affordable, reliable, and secure energy services for national development while protecting the environment.
The ministry is made up of several state departments, including Transport, Infrastructure, Maritime & Shipping Affairs, Public Works and Housing & Urban Development. It aims to provide efficient, affordable and reliable transportation services for sustainable economic growth and development.
The NCA is a government organisation which regulates, streamlines and builds capacity in the construction industry.
NEMA is established under the Environmental Management and Co-ordination Act No. 8 of 1999 (EMCA). EMCA mandates the Authority to exercise general supervision and coordination over all matters relating to the environment and to be the principal instrument of the Government of Kenya in the implementation of all policies relating to the environment.
The Ministry of Environment and Forestry was created via Executive Order No. 1 of 2018 on the organization of government of Kenya. The Ministry is committed to facilitating the enabling policies, legal and regulatory reforms for promoting sustainability of the environment and forest resources, while at the same time, mitigating the effects of climate change.
The Ministry of East African Community (EAC), Labour and Social Protection was formed as a result of re-organization of Government in May 2013. Strategic Objectives of the Ministry are to:
- Inculcate a safety and health culture in workplaces;
- Promote harmonious labour relations, social dialogue and fair labour practices;
- Provide policy guidance on national human resource planning, development and utilization;
- Ensure adequate supply of relevant skills to industry;
- Develop, implement and review labour market policies, legislation and programmes for employment and sustainable job creation;
- Promote productivity awareness, improvement and measurement;
- Coordinate the development, implementation and review of policies on vulnerable persons.