CHAPTER 91

THE INDUSTRIAL LICENSING ACT.

Arrangement of Sections.

Schedule

Schedule Scheduled articles.

CHAPTER 91 THE INDUSTRIAL LICENSING ACT.

Commencement: 1 August, 1969.

An Act to control the establishment of industries and for other purposes connected therewith.

1. Interpretation.

In this Act, unless the context otherwise requires—

1. “board” means the Industrial Licensing Board established under section 2;

2. “cottage industry” means, in relation to the manufacture of any scheduled article, any single unit of industry in which— (i) no more than ten workers are employed; (ii) no prime mover is utilised;

3. “functions” includes powers and duties;

4. “licence” means a licence issued under this Act;

5. “manufacture” means to subject any physical matter to any process— (i) which materially changes the matter in substance, character

or appearance; and (ii) which results in the matter, after being so processed, being a scheduled article, whether or not it was such an article before the process;

6. “Minister” means the Minister to whom functions under this Act are assigned;

7. “secretary” means the secretary to the Industrial Licensing Board; and

(h) “scheduled article” means any article falling within any class of product specified in the Schedule to this Act.

2. Establishment of Industrial Licensing Board.

(1) There shall be established a board to be known as the Industrial Licensing Board.

(2) The board shall consist of a chairperson, a public officer

nominated by the Minister responsible for foreign affairs and not less than two nor more than four other members, all of whom shall be appointed by the Minister.

3. A member of the board shall hold office for a term of two years but shall be eligible for reappointment.

4. A member of the board may resign his or her office by giving notice in writing addressed to the Minister, and as from the date specified in the notice, or, if no date is specified, from the date of the receipt of the notice, that person shall cease to be a member of the board.

5. The Minister may remove any member of the board from office for inability to perform the functions of his or her office or for any other sufficient cause.

3. Secretary to the board.

1. The Minister shall appoint a public officer to be the secretary to the board, but the secretary shall not be a member of the board.

2. All applications and other documents which are intended to be considered by the board shall be lodged with the secretary, and all acts and decisions of the board shall be signified through the secretary.

3. The secretary shall give effect to any orders given to him or her by the board in exercise of its functions under this Act.

4. Meetings of the board.

1. The board shall meet for the discharge of its functions under this Act at such place and time as the chairperson may appoint.

2. The chairperson shall preside at all meetings of the board; and where the chairperson is absent from any meeting a member of the board nominated by the chairperson, or if no member is nominated, such member of the board as the members present shall appoint, shall preside.

3. The quorum at any meeting of the board shall be three.

4. Questions proposed at a meeting of the board shall be determined

by a simple majority of the members of the board present and voting; and in the case of an equality of votes, the person presiding at the meeting shall have a casting vote.

(5) Nothing done by the board shall be treated as invalid by reason of a deficiency in the number of its members, provided any such action is subsequently ratified at a meeting of the board by a majority of the members of the board.

5. Licences required.

(1) Subject to this Act, no person shall—

1. manufacture for sale any scheduled article; or

2. erect, establish or operate any factory for the manufacture for sale of any such scheduled article,

unless he or she is in possession of a licence granted for that purpose by the board under this Act.

(2) The Minister may, by statutory instrument, amend the Schedule
to this Act.

6. Grant of licences.

(1) The board may, on application made to it in accordance with regulations made for that purpose and on payment of such fee as may be prescribed, grant a licence to an applicant, having regard to—

1. the capital and technical skill available to the applicant;

2. the siting of any factory in relation to the availability of power, fuel, labour, transport, raw materials, land and water;

3. the potential production of and the potential demand for, the articles insofar as, in the opinion of the board, the production and demand are likely to affect the undertaking in respect of which application is made;

4. the interests and conditions of service of the labour employed or to be employed by the applicant;

5. the interests of the potential consumers of the scheduled article; and

6. the general promotion and orderly development of industries and prevention of uneconomic competition.

(2) A licence granted by the board shall—

1. specify the scheduled article in respect of which the licence is granted; and

2. be subject to such conditions as the board may think fit to impose.

3. The board may, on application made to it by the holder of a licence, vary or transfer the licence.

4. When the board is dealing with an application for the transfer of a licence, it shall have regard to the matters set out in subsection (1)(a) to (f).

5. The board may attach conditions to the licence being transferred or vary the existing conditions.

7. Publication of applications.

The secretary shall, by way of a notice in the Gazette, and in a newspaper circulating in the locality publish every application for a new licence.

8. Objections.

1. Any person who is likely to be adversely affected by the grant of a licence under this Act may lodge an objection with the secretary not later than thirty days from the date of publication of the application.

2. Any objection lodged with the secretary under subsection (1) shall be in writing and shall set out the grounds upon which the objector claims that he or she will be adversely affected by the grant of the licence.

3. A copy of any objection lodged with the secretary under subsection (1) shall be served by registered post by the objector on the applicant, and the objection itself shall be certified by the objector accordingly.

9. Inquiry.

1. The board shall, as soon as practicable after the expiration of thirty days next following the date of publication of the application, meet for the purpose of inquiring into any application made under this Act.

2. The secretary shall notify, in writing, the applicant and the

objector, if any, of the date, time and place of the board’s inquiry into the application.

3. At an inquiry held under subsection (1) the applicant and the objector shall be entitled to be present or be represented and to be heard.

4. The board may at any stage of an inquiry adjourn the inquiry for the purpose of obtaining further evidence or information.

10. Refund of fee.

Where the board refuses to grant a licence, any fee paid by the applicant under section 6 shall be refunded to him or her.

11. Revocation of licence.

(1) Where the board is satisfied that the holder of a licence under this
Act has failed—

1. to manufacture for sale any of the scheduled articles specified in his or her licence or to operate any factory for the manufacture for sale of the specified scheduled articles within a reasonable time since the licence was granted;

2. to maintain a minimum level of production of such specified scheduled articles; or

(c) to comply with any conditions attached to his or her licence,
it may revoke or vary the terms or conditions of the licence or make any
other order including the variation of the terms or conditions of the licence.

2. Before the board varies or revokes a licence under this section, it shall by notice in writing call upon the holder of a licence to show cause why his or her licence should not be varied or revoked within thirty days from the date of the notice.

3. Where the board varies or revokes a licence under this section, it shall inform, in writing, the holder of the licence of the reason why his or her licence has been revoked.

12. Appeals.

(1) Any person aggrieved by the refusal of the board to grant him or her a licence or by the decision of the board to vary or revoke his or her

licence under this Act may appeal in writing to the Minister whose decision shall be final.

(2) An appeal under this section shall be lodged within thirty days from the date on which the applicant or holder of a licence is informed of the refusal to grant him or her a licence or the decision to vary or revoke his or her licence.

13. Regulations.

The Minister may, in consultation with the board, by statutory instrument, make regulations for all or any of the following—

1. prescribing the form and procedure of application for a licence;

2. prescribing the fees to be charged for a licence;

3. prescribing any other matter to be prescribed under this Act; and

4. for better carrying into effect the objects and purposes of this Act.

14. Offences and penalties.

Any person who—

1. contravenes section 5;

2. fails to comply with any of the conditions attached to his or her licence; or

3. knowingly gives to the board— (i) false information during an inquiry in order to obtain a

licence; or (ii) a false certificate under section 8, commits an offence and is liable on conviction to a fine not exceeding one thousand shillings for each day the contravention, failure or commission of the offence continues or to a term of imprisonment not exceeding two years.

15. Application of Act.

This Act shall not apply to a cottage industry in respect of any scheduled article.

Schedule.

ss. 1, 5.

Scheduled articles.

1. Pharmaceutical products

2. Fertilisers

3. Perfumery, cosmetics and toilet preparations

4. Soap

5. Photographic and cinematographic goods

6. Travel goods (including suitcases, travelling bags, shopping bags, handbags, briefcases) made of leather or of composition leather, of vulcanised fibre, of artificial plastic sheeting, of paperboard or of textile fabric

7. Paper and paperboard in rolls or in sheets

8. Knitted and crocheted goods

9. Articles of apparel and clothing accessories of textile fabric, other than knitted or crocheted goods

10. Sanitary towels

11. Footwear

12. Furniture (including chairs, sofas, tables and beds)

13. Bedding, mattresses, mattress supports and cushions

14. Toys and games

15. Buttons and button moulds

16. Fountain pens and ball-point pens

17. Pencils

18. Radio and television receivers; parts and accessories thereof

19. Canned beef

20. Milled rice

21. Meal and flour of wheat

22. Meal and flour of meslin

23. Biscuits

24. Sugar confectionery and other sugar preparations

25. Chocolate confectionery

26. Cassava flour

27. Cottonseed cake

28. Groundnut cake

29. Sesame-seed cake

30. Other oilseed cake and meal and vegetable oil residues

31. Beer of all types

32. Distilled alcoholic beverages

33. Paints, varnishes, lacquers and enamel

34. Distempers, water pigments, cement paints and the like

35. Essential oils, perfumes and flavour materials

36. Surface-acting agents and washing preparations

37. Polishes of all types

38. Plastic sheeting, tubing and piping

39. Plastic tiles

40. Fungicides, insecticides and weed-killers

41. Starches and inulin

42. Leather, dressed or undressed

43. Tyres and tubes for road motor vehicles

44. Tyres and tubes for pedal cycles

45. Veneer sheets

46. Plywood and veneered panels

47. Cellular wood panels

48. Boxes, cases, crates and tea chests

49. Paper bags, paperboard boxes and other packing containers

50. Exercise books, registers, albums, diaries, memorandum blocks and other stationery of paper or paperboard

51. Other paper and paperboard cut to size, e.g. toilet paper

52. Fishnets and netting

53. Asbestos-cement pipes, sheets, ridging, gutterings and tiles

54. Porcelain or china householdware

55. Householdware of other ceramic materials

56. Sinks, wash basins, bidets, baths and other sanitary and plumbing fixtures and fittings of ceramic materials

57. Corrugated iron sheets of all types, coated and uncoated

58. Hoop and strip of iron or steel

59. Iron and steel wires

60. Other types of wires

61. Tubes and pipes of iron or steel

62. Tube and pipe fittings of iron or steel

63. Metal casks, drums, boxes, cans or similar commercial containers

64. Nails, screws, nuts, bolts, rivets and similar articles of iron, steel or copper

65. Wood screws

66. Hoes (jembes), axes, pick axes and shovels

67. Machetes (pangas)

68. Razor blades

69. Household buckets not enamelled of iron or steel

70. Crown corks and bottle caps

71. Earthpans (karais) and aluminum holloware (sufurias)

72. Gas and electric cookers

73. Batteries and cells for flashlights and transistor radios

74. Motor vehicle batteries

75. Other electrical accumulators (storage batteries)

76. Cycles (not motorised) and parts thereof

77. Brooms and brushes

78. Hand-scrubbing brushes and footwear cleaning brushes

79. Matches

80. Maize meal and flour

81. Vegetable oils

82. Manufactures of leather and of artificial or reconstituted leather

83. Refrigerators

84. Bodies for motor vehicles

85. Motor spares (including brake linings)

86. Fittings for files, paper clips, pins and staples and other similar stationery products of base metal

87. Umbrellas

88. Ropes and twines

89. Aluminum foils, circles and sheets.

90. Compound animal feed stuffs

91. Yarn spun from cotton or synthetic fibres

92. Cotton piece goods other than knitwear

93. Cotton blankets

94. Woolen piece goods other than knitwear

95. Woolen blankets

96. Steel drums of 23 to 273 litres capacity and 26 to 12 gauge

97. Glassware of all types whether plain or moulded sheet glass and container glass

98. Metal window frames, metal doors, metal door frames, manufactured as single or composite units, and any metal fitting for such window frames, door or door frames

99. Enamel holloware, that is to say basins, plates and domestic utencils made from ferrous or nonferrous metal and having an enamel coating over the whole or majority of the article

100. Concrete—cement blocks, tiles, gutters, pipes

101. Glazed clay tiles, bricks, tiles and ventilators

102. Fibre brushes

103. Tarpaulins, waterproof canvas covers, sails and awnings

104. Boats, ships and yachts

105. Motor vehicle assembling and body building

106. Window frames, doors or translucent sheetings

107.  

     History: Act 15/1969; S.I. 131/1969; S.I. 228/1969; S.I. 169/1970; S.I. 139/1971; S.I. 16/1988.

     Vehicles and machinery spare parts

      

108. Agricultural machinery and implements

109. Radio aerials, dynamos, auto and domestic power cables

110. Casks, drums and boxes

111. Tea chests

112. Sodium silicate

113. Oxygen and acetylene

114. Polythene foam for cushioning and mattresses

115. Sugar (refines)

116. Tea (other than unprocessed leaf)

117. Nonalcoholic drinks

118. Fruit preserved and its preparations

119. Artificial sponges

120. Drinking straws

121. Brake linings

122. Bacon, ham and other smoked meat, whether or not in airtight containers (excluding dried meat and salted meat)

123. Sausages and other prepared or preserved meat

124. Milk and cream dry (in solid form or semisolid form), evaporated or condensed, including buttermilk and whey but excluding skimmed milk

125. Milk and cream dry (in solid form such as blocks or semisolid form)

126. Butter including clarified butter

127. Cheese and churn

128. Fish and fish preparation, frozen or in airtight containers

129. Meal and flour of wheat

130. Meal and flour of other cereals

131. Sugar (other than refined) including preparations of honey

132. Coffee roasted, including ground and coffee substitutes containing coffee

133. Chocolate and other food preparations containing cocoa or chocolate

134. Pulp and waste paper

135. Toothpaste or dental creams

136. Miscellaneous manufactured articles not any where classified above