Kenya Gazette Supplement No. 21 (National Assembly Bills No. 13)
REPUBLIC OF KENYA
KENYA GAZETTE SUPPLEMENT
NATIONAL ASSEMBLY BILLS, 2019
NAIROBI, 15 March, 2019
Bill for Introduction into the National Assembly-
The Statutory Instruments (Amendment) Bill, 2019.................................................. 125
The Statutory Instruments (Amendment) Bill, 2019
A Bill for
AN ACT of Parliament to amend the Statutory Instruments Act
ENACTED by the Parliament of Kenya, as follows
- This Act may be cited as the Statutory Instruments (Amendment). Act, 2019.
- The Statutory Instruments Act is amended in section 12 bY deleting sub-section (3).
126 The Statutory Instruments (Amendment ) Bill, 2019
MEMORANDUM OF OBJECTS AND REASONS
Statement of Objects and Reasons
The principal object of the Act is to amend section 12 (3) of the Statutory Instruments Act, 2013 in order to remove the provision that exempts rules and regulations made by courts of competent jurisdiction. As it is presently, all statutory instruments with the exception of regulations made by courts of competent jurisdiction are subjected to scrutiny by Parliament. Consequently, the said exemption offends the mandatory provisions of Article 94 (5) of the Constitution which provides that no person or body other than Parliament has the power to make provisions having force of law in Kenya except under authority conferred by the Constitution or by legislation. A close look at comparative commonwealth jurisdictions reveal that this is the practice obtaining in the United Kingdom and India where rules made by the respective Rules Committees are laid before Parliament for approval.
Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms
The Bill does not delegate legislative powers neither does it limit fundamental rights and freedoms.
Statement that the Bill does not concern County Governments
The Bill seeks to amend the Statutory Instruments Act so as to include regulations made by courts to fall under the purview of the Act. In view of this, the Bill does not concern County Governments in terms of Article 110 (1) (a) of the Constitution as it does not affect the functions and powers of County Governments recognized in the Fourth Schedule to the Constitution.
Statement that the Bill is a money Bill within the meaning of Article 114 of the Constitution
The enactment of this Bill shall not occasion additional expenditure of public funds.
Dated the Sth March, 2019.
Member of Parliament.
The Statutory Instruments (Amendment ) Bill, 2019 127
Section 12 of No. 23 of 2013 which the Bill proposes to amend
Referral to the Committee
12. (1) Every statutory instrument issued, made or established after the commencement of this Act shall upon tabling before the respective House of Parliament stand referred to the Committee or any other committee that may be established for the purpose of reviewing and scrutinizing statutory instruments.
(2) Nothing under subsection (1) may be construed as precluding the Committee from scrutinizing statutory instruments previously published before the commencement of this Act.
(3) The provisions of subsection (1) shall not apply to any rules, regulations and orders emanating from a court of competent jurisdiction in Kenya.