The Statutory Instruments ( Amendment ) Bill, 2023

SPECIALISSUE

Kenya Gazette Supplement No.14(National Assembly Bills No.2)

REPUBLIC OFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2023

NAIROBI,15thFebruary,2023

CONTENT

| Bill for Introduction into the National Assembly- | PAGE | |-----------------------------------------------------|--------| | The Statutory Instruments(Amendment) Bill,2023 | |

THE STATUTORYINSTRUMENTS(AMENDMENT) BILL,2023

A Bill for

• AN ACT ofParliament 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 (l),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. 23of2013.

MEMORANDUM OFOBJECTSAND 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 oflaw.

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 freedorns

The Bill delegates legislative powers to the relevant House

Committee asper section 12of the StatutoryInstrumentsAct,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 governments as provided for under Part 2 of the Fourth Schedule to the

110(1)(a) of the Constitution as it does not affect the functions of county 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.

SAMUELCHEPKONG'A,

Member ofParliament.

Section 11of No.23 of2013which 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 ofParliament.
• (2) Notwithstanding subsection (l) 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 thisPart.

4. (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 thelast day for it to be so laid but without prejudice to 5. any act done under the statutory instrument before it became void.