| dc.description.abstract | Prior to the passing of the Investment Promotion Act', the existing legal framework for
investments was inadequate as a reference point for investment policy. Inadequacy of
investment laws was evidenced by the lack of clear provisions specifying investment
regulation, controls and facilitation. Over the years, the Kenyan investment policy has been
documented in national development plans and several sessional papers.
Between 1964 and 1986 the development policy was based on the economic objectives set
out in the Sessional Paper No. 10 of 1965 on ''African Socialism and its application to
Planning in Kenya,,2 The independence government was focused on eradication of poverty,
disease and ignorance and employed public financing and ownership as the best means of
.
achieving its socialist ideals". This development policy was continued under the MOl
government, as the development process was largely driven by public sector with state
intervention in monetary, fiscal, financial, trade and investment policies. The government
Introduced controls on interest rates, foreign exchange, prices and tariff barriers on imports
as appropriate measures for attaining development. Although the development plans of
1979 to 1983 and 1984 to 1988 sought to encourage foreign investment, the incentives
provided therein were watered down as a result of the fiscal, financial and monetary
controls In the mid-stream of the implementation of the 1984 to 1988 development plan,
Act No.6 of 2004
:' See Kibua, '1'., (2007) The Effectiveness of Industrialization Incentive Regime in Kenya IPAA Discussion
Paper No. 09312007, Nairobi: Institute of Policy Analysis and Research at p I J
[hid at p 2
the government published Sessional Paper No.1 of 19864 introducing a substantive shift in
economic policy from state-controlled economy to a market based economy based on
liberalist ideals". The1986 policy paper led to the abandonment of the controlled fiscal and
monetary regime thereby setting a foundation for trade and investment policies based on
liberalization and export orientation. The Investment Promotion Centre was established the
same year the 1986 Policy Paper was published. Subsequently, the government's policy shift
was reflected in the National development plan of 1989 to 1993 which emphasized export
promotion and macro-economic liberalization. During this period, a number of institutional
and legal reforms were introduced aimed at achieving the objectives of 1989 to 1993
development plan. In 1989, the Customs and Excise Duty Acr" was amended to introduce
the Manufacturing under Bond Scheme which provided tax incentives for export-oriented
enterprises. The Export Processing Zones and the Export Promotion Council were
established in 1990 and 1992 respectively as principal institutions that would lead economic
growth through export promotion. | en |
