SPECIAL ISSUE
Kenya Gazette Supplement No. 14 (National Assembly Bills No. 2)
REPUBLIC OF KENYA
KENYA GAZETTE SUPPLEMENT
NATIONAL ASSEMBLY BILLS, 2023
NAIROBI, 15th February, 2023
CONTENT
| Bill for Introduction into the National Assembly | PAGE | |----------------------------------------------------|--------| | The Statutory Instruments (Amendment) Bill, 2023 | |
THE STATUTORY INSTRUMENTS (AMENDMENT) BILL, 2023
A Bill for
- AN ACT of Parliament to amend the Statutory Instruments Act, 2013, and for connected purposes.
ENACTED by the Parliament of Kenya, as follows—
- 1. This Act may be cited as the Statutory Instruments (Amendment) Act, 2023.
2. Section 11 of the Statutory Instruments Act, 2013, is amended by inserting the following new subsections immediately after subsection (4)—
- (5) Where a regulation making authority fails to submit a statutory instrument in accordance with subsection (1), the Committee shall require the regulation making authority to submit the statutory instrument to Parliament within seven days from the date of the resolution by the Committee.
- (6) Notwithstanding subsections (4) and (5), Parliament may, where a statutory instrument ceases to have effect in accordance with subsection (4), notify the public in two newspapers of wide circulation, that the statutory instrument is a nullity.
Short title.
Amendment of
section 11 of No. 23 of 2013.
MEMORANDUM OF OBJECTS AND REASONS
Statement of the Objects and Reasons for the Bill
The principal object of this Bill is to amend the provisions of the
Statutory Instruments Act, 2013 to enable the Committee on Delegated Legislation to require the regulation making authority to submit to Parliament a copy of any regulation that ceases to have effect by operation of law.
The amendment further obligates Parliament to notify the general
public in two newspapers of wide circulation, that a statutory instrument which ceases to have effect by operation of law is a nullity.
Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms
The Bill delegates legislative powers to the relevant House
Committee as per section 12 of the Statutory Instruments Act, 2013, but it does not limit fundamental rights and freedoms.
Statement on whether the Bill concerns County Governments
The Bill does not concern county governments in terms of Article
110(1)(a) of the Constitution as it does not affect the functions of county governments as provided for under Part 2 of the Fourth Schedule to the Constitution.
Statement that the Bill is not a money Bill within the meaning of
Article 114 of the Constitution
The enactment of this Bill does not occasion additional expenditure
of public funds.
Dated the 14th February, 2023.
SAMUEL CHEPKONG'A,
Member of Parliament.
Section 11 of No. 23 of 2013 which it is proposed to amend
11. Laying of statutory instruments before Parliament
- (1) Every Cabinet Secretary responsible for a regulation-making authority shall within seven (7) sitting days after the publication of a statutory instrument, ensure that a copy of the statutory instrument is transmitted to the responsible Clerk for tabling before the relevant House of Parliament.
- (2) Notwithstanding subsection (1) and pursuant to the legislative powers conferred on the National Assembly under Article 109 of the Constitution, all regulation-making authorities shall submit copies of all statutory instruments for tabling before the National Assembly.
- (3) The responsible Clerk shall register or cause to be registered every statutory instrument transmitted to the respective House for tabling or laying under this Part.
- (4) If a copy of a statutory instrument that is required to be laid before the relevant House of Parliament is not so laid in accordance with this section, the statutory instrument shall cease to have effect immediately after the last day for it to be so laid but without prejudice to any act done under the statutory instrument before it became void.