The Statutory Instruments ( Ammendment) Bill, 2024.

SPECIALISSUE

Kenya Gazette Supplement No.27(National Assembly Bills No.3)

REPUBLIC OFKENYA

KENYA GAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2024

NAIROBI,1stFebruary,2024

CONTENT

Bill for Introduction into theNational Assembly-

The Statutory Instruments(Amendment) Bill,2024

PAGE

59

THESTATUTORYINSTRUMENTS(AMENDMENT)

BILL,2024

ABill for

AN ACTof Parliament to amend the Statutory Instruments

• Act

ENACTEDby theParliament ofKenyaasfollows-

• 1.This Act may be cited as the Statutory Instruments
• (Amendment)Act,2024.
• 2.Section 1l of the Statutory Instruments Act,2013
• (in this Act referred to as the"principal Act") is amended by inserting the following new subsections immediately after subsection(4)-
• "(5) Wherearegulation making authority fails tosubmitastatutory instrument in accordance with subsection (1).theCommittee 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 tohaveeffect in accordance with subsection (4).notify the public in the Parliamentary website,that the statutory instrument is a nullity."
• 3.Section 12 of the principal Act is amended by
• deleting subsection(3).
• 4.Section 14of the principal Actisamended by insertingthewords "recommend tothe Houseto"
• immediately after the words"the Committee may"
• 5.The principal Act is amended by deleting section 19and substitutingtherefor the followingnew section-

Requirements for publishing an annulment.

• 19.(l) Where Parliament has adopted areport or aresolution that astatutory
• instrument beannulled-
• (a)the instrument shall stand annulled:and
• Short title.

Amendment of

section II of No. 23of2013.

Amendment of section 12 of No. 23 of2013.

Amendment of

section 14 of No. 23of2013.

Amendmenlof secton 19 of No.

23of2013.

• (b)the Clerk of the relevant House shall publish the annulment in the Parliamentary website and shall convey theresolution of the House
• to the regulation making authority.
• (2) Upon receipt of the communication from the Clerkin accordance with this section,the regulation making authorityshallpublishthe annulment in the Gazette within fourteen days.
• 6.The principal Act is amended by deleting the
• heading to Part V and substituting therefor the following new heading-

"PARTV-PURPOSEFORREVIEWOFSTATUTORY INSTRUMENTS"

• 21.
• 7.The principal Act is amended by repealing section
• 8.Section 24of the principal Act is amended in subsection (5)by deleting the words"not exceedingtwenty thousand shillings or such term of imprisonment not exceeding six months'and substituting therefor the words "not exceeding one million shillings or such term of imprisonment not exceeding five years".
• 9.Section 27 of the principal Act is amended by inserting the following new subsection immediately after
• subsection(2)-
• "(3)Any statutory instrument that was in operation on
• or before the 24th January,2024,shall continue to operate and to have effect as if the instruments had not been automaticallyrevokedon that date."

Amendment of

titleofPARTVof No.23of2013.

Amendment of

secton 2iof No. 23of2013

Amendment of section24ofNo.

23of2013.

Amendment of

section 27 of No. 23of2013.

MEMORANDUMOFOBJECTSANDREASONS Statement ofobjects and reasons for the Bill

The principal object of this Bill is to amend the provisions of the

Statutory Instruments Act,2013 to streamline its provisions with the Constitution and ensure better application of itsprovisions.

Clause 2of the Bill seeks to amend section 1l of the Act,to enable the Committee on Delegated Legislation to require the regulation making 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 oflawis anullity.

Clause3of the Bill seeks to amend section 12of the Act,to align the article94(5).

Clause 4of theBill seeks toamend section 14of the Act toprovide that where the committee recommends an exemption of any statutory instrument from scrutiny,then the exemption may only be done subject to approval by theHouse.

Clause 5of the Bill seeks to amend section 19 of the Act,to harmonize the wording of the law,specifying the action taken by

Parliament as an annulment and deleting the word revoke.

Clause 6of the Bill seeks to amend the Title of Part Vof the Act,to align it with the revisedprovisions.

Clause 7of the Bill seeks to amend section 2lof the Act,to remove themandatory requirement for the review of subsidiary legislation and the expiration ofstatutory instruments.

Clause8of theBill seeks to amend section 24of theAct,to increase

thelimit of fines and term ofimprisonment inorderfor the law to act as an adequate deterrent for violation or breach ofregulations.

Clause9of the Bill seeks to amend section27 of the Act,to provide for savings provision,allowing the continuous operation of regulations that were in operation on or before the 24th of January.2024.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

The Billdelegates legislative powers to therelevant House

Committee as per section 12of the Statutory Instruments Act,2013,and doesnot limit fundamental rightsand freedoms.

Statement that the Bill is not a money Bill within the meaning of Article114of the Constitution

The enactment of this Bill does not occasion additional expenditure onpublicfunds.

Dated the 30th January.2024.

KIMANIICHUNG'WAH.

LeaderofMajority Party.

Section 11ofNo.23of2013whichitisproposed toamend

11.Laying of statutory instrumentsbeforeParliament

• (1)Every Cabinet Secretary responsible for a regulation-making authority shall within seven (7) sitting days after the publication ofa 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 ofall 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 orlayingunder thisPart.
• (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 tobe solaidbut without prejudice to any act done under the statutory instrument before it became void.

Section12ofNo.23of2013whichitisproposed to amend-

12.Referral to the Committee

• (1)Every statutory instrument issued,made or established after the commencement of this Act shall upon tabling before the respective House ofParliament standreferred to the Committee or any other committee that may be established for the purpose of reviewing and scrutinizing statutory instruments.
• (2)Nothing under subsection(l)may be construed as precluding the Committee from scrutinizing statutory instruments previously published before the commencement ofthis Act.
• (3)The provisions of subsection (l) shall not apply to any rules, regulations and ordersemanating from a court ofcompetent jurisdiction in Kenya.

Section19ofNo.23of2013whichitisproposedtoamend-

19.Revocation

WhereParliament has adopted a report or a resolution that a statutory instrumentbe revoked,the instrument shall stand revoked and the regulation making authority shall publish the revocation within fourteen days,

Section21ofNo.23of2013whichitisproposed toamend

PARTV-STAGEDAUTOMATICEXPIRYOFSTATUTORY

INSTRUMENTS

21.Automaticrevocation of statutory instruments

• (1)Subject to subsection (3).a statutory instrument is by virtue of this section revoked on the day which is ten years after the making of the statutory instrument unless
• (a)itis soonerrepealed or expires;or
• (b)a regulation ismade exempting it from expiry
• (2)The responsible Cabinet Secretary may in consultation with the Committee,make a regulation under this Act extending the operation ofa statutoryrule that would otherwise be revoked by virtue of this section for
• aperiod as is specified in the regulation not cxceeding twelve months.
• (3) Only one extension of the operation of a statutory rule can be made under subsection (2).
• (4)The automatic revocation period for statutory instruments issued under the Income Tax Act(Cap.470).the Stamp Duty Act(Cap.480).the Value Added Tax Act,No.35 of 2013,Tax Appeal Tribunal Act,No.40 of2013,ExciseDuty Act,No.23 of2015and Tax Procedure Act,No.29 of2015,is hereby extended foraperiodof twenty-fourmonthswith effect from the twentyfifth dayofJanuary.2023.

Section24ofNo.23of2013whichitisproposedtoamend

24.Exerciseofpowers

• purports to be made or done in exercise of a particular power,it shall be deemed also to bemade or done in exercise of all powers thereunto enabling.
• (2)A statutory instrument shall not be inconsistent with the provisions of the enabling legislation,or of any Act,and the statutory instrument shall bevoid to the extent of the inconsistency.
• (3)Where an enactment confers a power to make a statutory instrument it shall be deemed also to include a power exercisable in the like manner and subject to the like conditions (if any) to amend,repeal or replace the statutory instrument.
• statutory instrument or to do anything for any generalpurpose,and also for any special purposes incidental thereto,the enumeration of the special purposes shall not derogate from the generality of the general purpose.
• (5)There may be annexed to the breach of statutory instrument a penalty,not exceeding twenty thousand shillings or such term of imprisonment not exceeding six months,or both,which the regulation making authority may think fit.

Section27ofNo.23of2013whichitisproposed toamend

27.Transition and saving

• (1) Sections 27and 34of theInterpretation and General Provisions

2. Act (Cap.2)are herebyrepealed. 3. (2)Despite the provisions of subsection (1),any regulations.order or notice issued immediately before the commencement of this Act shall continue in force as if it were made under this Act unless it is expressly revoked by an Act ofParliament under which it ismade.