Statutory Instruments Act

This Act may be cited as the Statutory Instruments Act.

Jurisdiction: Kenya
Instrument: Act or statute
Citation: Cap. 2A
Version: 27 Dec 2024
Language: en
Official source: View official record ↗

Source attribution: Source: Kenya Law

Statute overview

About this statute

This Act may be cited as the Statutory Instruments Act. Provides definitions for terms used in the Act, including "Committee", "effective date", "explanatory memorandum", "public participation", "regulation-making authority", "responsible Cabinet Secretary" and "statutory instrument". The Act applies to every statutory instrument made directly or indirectly under any Act of Parliament or other written legislation. Regulation-making authorities must undertake appropriate consultation before making statutory instruments. The explanatory memorandum must describe consultations and related matters and, if no consultations were undertaken, the regulation-making authority must explain why.

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Provisions of Statutory Instruments Act

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Part I

PRELIMINARY

1
PRELIMINARY - 1. Short title
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This Act may be cited as the Statutory Instruments Act.

Section 1. Short title Section This Act may be cited as the Statutory Instruments Act.
2
PRELIMINARY - 2. Interpretation
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Provides definitions for terms used in the Act, including "Committee", "effective date", "explanatory memorandum", "public participation", "regulation-making authority", "responsible Cabinet Secretary" and "statutory instrument".

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Committee" means the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments; "effective date" means the 27th of August, 2010; "explanatory memorandum" means a statement, prepared by the regulation-making authority that explains the purpose and operation of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") and it includes any documents incorporated in the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") by reference and indicates how they may be obtained; "public participation" means involvement by the regulation-making authority of persons or stakeholders that the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") may directly or indirectly apply to; "regulation-making authority" means any authority authorized by an Act of Parliament to make statutory instruments; "responsible Cabinet Secretary" means the Cabinet Secretary for the time being responsible for administering the relevant Act or provision under which or in relation to which the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") is made or preserved; "statutory instrument" means any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued. [Act No. 4 of 2018 , Sch.]
3
PRELIMINARY - 3. Application
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The Act applies to every statutory instrument made directly or indirectly under any Act of Parliament or other written legislation.

Section 3. Application Section 3(1) This Act applies to every statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") made directly or indirectly under any Act of Parliament or other written legislation. Section 3(2) Nothing under this section may be construed as precluding Parliament from applying the provisions of this Act to any published bills awaiting parliamentary consideration.
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PRELIMINARY - 4. Object of the Act
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Regulation-making authorities must undertake appropriate consultation before making statutory instruments.

Section 4. Object of the Act Section requiring regulation-making authorities to undertake appropriate consultation before making statutory instruments;

Part II

CONSULTATIONS BEFORE MAKING STATUTORY INSTRUMENTS

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CONSULTATIONS BEFORE MAKING STATUTORY INSTRUMENTS - 5. Consultation before making statutory instruments
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Before making statutory instruments, consultation is required: draw on relevant expert knowledge and give persons likely to be affected an adequate opportunity to comment; notification and invitations for submissions or hearings may be used.

Section 5. Consultation before making statutory instruments Section 5(1)(a) have a direct, or a substantial indirect effect on business; or Section 5(1)(b) restrict competition; Section 5(2)(a) drew on the knowledge of persons having expertise in fields relevant to the proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") ; and Section 5(2)(b) ensured that persons likely to be affected by the proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") had an adequate opportunity to comment on its proposed content. Section 5(3)(a) involve notification, either directly or by advertisement, of bodies that, or of organizations representative of persons who, are likely to be affected by the proposed instrument; or Section 5(3)(b) invite submissions to be made by a specified date or might invite participation in public hearings to be held concerning the proposed instrument.
5A
CONSULTATIONS BEFORE MAKING STATUTORY INSTRUMENTS - 5A. Explanatory memorandum
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The explanatory memorandum must describe consultations and related matters and, if no consultations were undertaken, the regulation-making authority must explain why.

Section 5A. Explanatory memorandum Section 5A(1)(a) a statement on the proof and demonstration that sufficient public consultation was conducted as required under Articles 10 and 118 of the Constitution; Section 5A(1)(b) a brief statement of all the consultations undertaken before the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") was made; Section 5A(1)(c) a brief statement of the way the consultation was carried; Section 5A(1)(d) an outline of the results of the consultation; Section 5A(1)(e) a brief explanation of any changes made to the legislation as a result of the consultation. Section 5A(2) Where no such consultations are undertaken as contemplated in subsection (1), the regulation-making authority shall explain why no such consultation was undertaken. Section 5A(3) The explanatory memorandum ("a statement, prepared by the regulation-making authority that explains the purpose and operation of the statutory instrument and it includes any documents incorporated in the statutory instrument by reference and indicates how they may be obtained;") shall contain such other information in the manner specified in the Schedule and may be accompanied by the regulatory impact statement prepared for the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") . [Act No. 4 of 2018 , Sch.]

Part III

REGULATORY IMPACT STATEMENTS

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REGULATORY IMPACT STATEMENTS - 6. Regulatory impact statements
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When a proposed statutory instrument is likely to impose significant costs on the community or part of it, the regulation making authority must prepare a regulatory impact statement before making the instrument.

Section 6. Regulatory impact statements Section If a proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") is likely to impose significant costs on the community or a part of the community, the regulation making authority shall, prior to making the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") , prepare a regulatory impact statement about the instrument.
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REGULATORY IMPACT STATEMENTS - 7. Contents of regulatory impact statements
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Section 7 requires regulatory impact statements to include specified content; the responsible Cabinet Secretary must obtain independent advice on adequacy and must ensure the statement and compliance certificate are tabled in Parliament.

Section 7. Contents of regulatory impact statements Section 7(1)(a) a statement of the objectives of the proposed legislation and the reasons for them; Section 7(1)(b) a statement explaining the effect of the proposed legislation, including in the case of a proposed legislation which is to amend an existing statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") the effect on the operation of the existing statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") ; Section 7(1)(c) a statement of other practicable means of achieving those objectives, including other regulatory as well as non-regulatory options; Section 7(1)(d) an assessment of the costs and benefits of the proposed statutory rule and of any other practicable means of achieving the same objectives; Section 7(1)(e) the reasons why the other means are not appropriate; Section 7(1)(f) any other matters specified by the guidelines; Section 7(1)(g) a draft copy of the proposed statutory rule. Section 7(2) The assessment of the costs and benefits shall include an assessment of the economic, environmental and social impact and the likely administration and compliance costs including resource allocation costs. Section 7(3) The responsible Cabinet Secretary ("the Cabinet Secretary for the time being responsible for administering the relevant Act or provision under which or in relation to which the statutory instrument is made or preserved;") shall ensure that independent advice as to the adequacy of the regulatory impact statement and of the assessment included in the regulatory impact statement is obtained and considered in accordance with the guidelines. Section 7(4)(a) the requirements relating to regulatory impact statements in this Act and the guidelines have been complied with; and Section 7(4)(b) in the Cabinet Secretary’s opinion, the regulatory impact statement adequately assesses the likely impact of the proposed statutory rule. Section 7(5) The responsible Cabinet Secretary ("the Cabinet Secretary for the time being responsible for administering the relevant Act or provision under which or in relation to which the statutory instrument is made or preserved;") shall ensure that a copy of the regulatory impact statement and the compliance certificate is tabled in Parliament with the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") as provided under section 11 .
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REGULATORY IMPACT STATEMENTS - 8. Notification of regulatory impact statements
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Notices of regulatory impact statements must be published and the public may comment; notices must allow at least fourteen days for comments and copies of impact statements may be free or available for a reasonable price.

Section 8. Notification of regulatory impact statements Section 8(1) Preparation of a regulatory impact statement for proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") shall be notified in the Gazette and in a newspaper likely to be read by people particularly affected by the proposed legislation. Section 8(2) If the proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") is likely to have a significant impact on a particular group of people, the notice shall be published in a way likely to ensure members of the group understand the purpose and content of the notice. Section 8(3)(a) include a brief statement of the policy objectives sought to be achieved by the proposed legislation; and Section 8(3)(b) state where copies of the regulatory impact statement may be obtained or inspected; Section 8(3)(c) if a draft of the proposed legislation may be obtained or inspected, state that the draft may be obtained or inspected and where; Section 8(3)(d) state that anyone may comment on the proposed legislation; Section 8(3)(e) state how and when comments may be made; and Section 8(3)(f) state how consultation about the proposed legislation will take place. Section 8(4) The notice shall allow at least fourteen days from publication of the notice for the making of comments. Section 8(5) A copy of the regulatory impact statement may be available free, or on payment of a reasonable price, at the place, or each of the places, stated in the notice. Section 8(6)(a) all comments and submissions are considered before the statutory rule is made; and Section 8(6)(b) a copy of all comments and submissions is given to the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") as soon as practicable after the statutory rule is tabled in the House or when requested by the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") .
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REGULATORY IMPACT STATEMENTS - 9. Where regulatory impact statements may be unnecessary
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Regulatory impact statements may be unnecessary for matters that are not of a legislative character, such as machinery, administrative, drafting or formal matters.

Section 9. Where regulatory impact statements may be unnecessary Section a matter that is not of a legislative character, including, for example, a matter of a machinery, administrative, drafting or formal nature;

Part IV

PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS

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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 10. Purpose of Part
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This Part facilitates Parliament's scrutiny of statutory instruments and sets out the circumstances and manner in which statutory instruments or their provisions may be disallowed and the consequences of disallowance.

Section 10. Purpose of Part Section The purpose of this Part is to facilitate the scrutiny by Parliament of statutory instruments and to set out the circumstances and manner in which the statutory instruments, or provisions of the statutory instruments, may be disallowed, as well as the consequences of the disallowance.
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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 11. Laying of statutory instruments before Parliament
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Cabinet Secretaries and regulation-making authorities must transmit published statutory instruments to the Clerk for tabling; the Clerk must register received instruments; instruments not laid as required cease to have effect, with procedures for declaring them nullities and notifying the public.

Section 11. Laying of statutory instruments before Parliament Section 11(1) Every Cabinet Secretary responsible for a regulation-making authority shall within seven (7) sitting days after the publication of a statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") , ensure that a copy of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") is transmitted to the responsible Clerk for tabling before the relevant House of Parliament. Section 11(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. Section 11(3) The responsible Clerk shall register or cause to be registered every statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") transmitted to the respective House for tabling or laying under this Part. Section 11(4) If a copy of a statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") that is required to be laid before the relevant House of Parliament is not so laid in accordance with this section, the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") 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 ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") before it became void. Section 11(5)(a) publish a notice in the Gazette within seven days from the date of the resolution, to the effect that the statutory instrument is a nullity; and Section 11(5)(b) submit the published notice to Parliament. Section 11(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 and the Parliamentary website, that the statutory instrument is a nullity. [Act No. 4 of 2018 , Sch, Act No. 17 of 2024 , s. 2.]
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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 12. Referral to theCommittee
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Statutory instruments made after this Act must be referred to the Committee on Delegated Legislation (or any committee established for that purpose) when tabled before the respective House of Parliament; the Committee may also scrutinize instruments published before this Act; subsection (1) does not apply to rules, regulations and orders from Kenyan courts.

Section 12. Referral to theCommittee Section 12(1) Every statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") issued, made or established after the commencement of this Act shall upon tabling before the respective House of Parliament stand referred to the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") or any other committee that may be established for the purpose of reviewing and scrutinizing statutory instruments. Section 12(2) Nothing under subsection (1) may be construed as precluding the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") from scrutinizing statutory instruments previously published before the commencement of this Act. Section 12(3) The provisions of subsection (1) shall not apply to any rules, regulations and orders emanating from a court of competent jurisdiction in Kenya. [Act No. 25 of 2015 , Sch.]
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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 13. Relevant considerations
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The section states that it is in accord with the provisions of the Constitution, the Act pursuant to which it is made, or other written law.

Section 13. Relevant considerations Section is in accord with the provisions of the Constitution, the Act pursuant to which it is made or other written law;
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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 14. Exemptions
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The Committee may exempt certain statutory instruments or classes of them from scrutiny where, subject to section 16, it is satisfied that scrutiny is not reasonably practical because of the number of regulations in that class.

Section 14. Exemptions Section Subject to section 16 , the Committee may exempt certain statutory instruments or class of statutory instruments from scrutiny if the Committee is satisfied that the scrutiny is not reasonably practical due to the number of regulations in that class.
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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 15. Report to Parliament
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The Committee must make a report to Parliament containing only a resolution to revoke referred statutory instruments; the National Assembly may extend prescribed times by up to twenty-one days and must, for certain finance-related instruments, consider a notice and resolve within twenty-eight sitting days.

Section 15. Report to Parliament Section 15(1) The Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") shall make a report to Parliament containing only a resolution that the statutory instruments that stands permanently referred to the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") be revoked. Section 15(2) Where the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") does not make the report referred to in subsection (1) within twenty eight sitting days after the date of referral of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") to the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") under section 12 , or such other period as the House may, by resolution approve, the statutory instrument shall be deemed to have fully met the relevant considerations referred to in section 13 . Section 15(3) Despite the provision of this Act or any other written law, where a time is prescribed for doing an act or taking a proceeding by the National Assembly relating to the handling of a statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") , the National Assembly may, by resolution, extend that time by a period not exceeding twenty-one days. Section 15(4) Without prejudice to the provisions of section 12 and this section, any statutory instrument which contains provisions dealing with taxes, levies or fees, or has the effect of imposition of a charge on a public fund or variation or repeal of such charge, the National Assembly shall, within twenty-eight sitting days from the date of receipt of the notice under section 11 , consider the notice and make a resolution either to approve or reject the notice. [Act No. 25 of 2015 , Sch., Act No. 4 of 2018 , Sch, Act No. 22 of 2022 , s. 62.]
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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 16. Notice to theregulation-making authority
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The Committee must, subject to section 11 and where practically possible, confer with the regulation-making authority about the statutory instrument before tabling its report to Parliament.

Section 16. Notice to theregulation-making authority Section Subject to section 11 , and in so far as its practically possible, the Committee shall confer with the regulation-making authority for which the statutory instrument has been made and brought before the Committee for scrutiny, before tabling the report to Parliament for their information and modification where necessary.
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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 17. Tabling the Report
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When tabling its report before Parliament, the Committee must state the statutory instrument's overall objective, identify the portion under review, and indicate how it offends section 10 and the Committee's recommendations.

Section 17. Tabling the Report Section In tabling the report before Parliament, the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") shall state the overall objective of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") , identify the portion of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") in relation to which the report has been made and indicate the manner in which it offends the criteria set out in section 10 and the recommendations thereof.
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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 18. Annulment
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If a report on a statutory instrument has been tabled in Parliament and Parliament passes a resolution to that effect, the statutory instrument shall be deemed to be annulled.

Section 18. Annulment Section When a report on a statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") has been tabled in Parliament, the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") shall be deemed to be annulled if Parliament passes a resolution to that effect.
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PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS - 19. Requirements for publishing an annulment
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The Clerk of the relevant house must publish the annulment on the Parliamentary website and convey the House's resolution to the regulation-making authority; the regulation-making authority must publish the annulment in the Gazette within fourteen days of receiving the Clerk's communication.

Section 19. Requirements for publishing an annulment Section 19(1)(a) the instrument shall stand annulled; and Section 19(1)(b) the Clerk of the relevant house shall publish the annulment in the Parliamentary website and shall convey the resolution of the House to the regulation making authority. Section 19(2) Upon receipt of the communication from the Clerk in accordance with this section, the regulation making authority shall publish the annulment in the Gazette within fourteen days.

Part V

PURPOSE FOR REVIEW OF STATUTORY INSTRUMENTS

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PURPOSE FOR REVIEW OF STATUTORY INSTRUMENTS - 20. Purposes of Part
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States the Part's purpose is to reduce substantially the regulatory burden on the people of Kenya while not compromising law and order and essential economic, environmental and social objectives.

Section 20. Purposes of Part Section reduce substantially the regulatory burden on the people of Kenya without compromising law and order and essential economic, environmental and social objectives;
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PURPOSE FOR REVIEW OF STATUTORY INSTRUMENTS - 21. Repealed
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Section 21 is repealed.

Section 21. Repealed Section Repealed by ActNo. 4 of 2023, s. 89.

Part VI

GENERAL PROVISIONS

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GENERAL PROVISIONS - 22. Publication of instruments
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Statutory instruments must be published in the Kenya Gazette, assigned a serial number (printed on their face); the Attorney‑General may decide if a document is a statutory instrument by written certificate; every such certificate must also be published in the Gazette.

Section 22. Publication of instruments Section 22(1) Subject to subsection (2), every statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") shall be published in the Kenya Gazette and shall be assigned a serial number as of the year in which it is made which shall be printed on the face of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") . Section 22(2) If a question arises as to whether statutory instruments under any provision of an enactment are statutory instruments the Attorney-General may, by certificate in writing, decide the matter. Section 22(3) Every certificate issued under subsection (2) shall be published in the Gazette .
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GENERAL PROVISIONS - 23. Commencement ofstatutory instrument
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A statutory instrument comes into force on the date it specifies; if no date is specified, it comes into force on the date of its publication in the Gazette (subject to subsection (2) and possible annulment).

Section 23. Commencement ofstatutory instrument Section 23(1) A statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") shall come into operation on the date specified in that behalf in the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") or, if no date is so specified, then, subject to subsection (2), it shall come into operation on the date of its publication in the Gazette subject to annulment where applicable. Section 23(2) If a statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") is made after the passing or making but before the coming into operation of the enabling legislation under which it is made, the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") , whether or not it is previously published, shall not come into operation before the date on which the enabling legislation comes into operation. Section 23(3) A statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") may be made to operate retrospectively to any date not being earlier than the commencement of the enactment under which it is made but no person shall be liable to a penalty in respect of any contravention of a provision in an statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") required to be published in the Gazette where the alleged contravention occurred before the publication unless the court is satisfied that before the alleged contravention the purport of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") had been brought to that person’s notice.
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GENERAL PROVISIONS - 24. Exercise of powers
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Section 24 provides general rules about the exercise of powers: instruments purporting to exercise a power are deemed to exercise all enabling powers (subsection 1); statutory instruments must not be inconsistent with enabling legislation and are void to the extent of inconsistency (subsection 2); the power to make a statutory instrument includes power to amend, repeal or replace it (subsection 3); listing special purposes does not limit a general purpose when power is conferred for general and special purposes (subsection 4); and a statutory instrument may have a penalty annexed not exceeding Kenya Shilling one million or imprisonment not exceeding six months, or both (subsection 5).

Section 24. Exercise of powers Section 24(1) Where any statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") or appointment or any other thing purports to be made or done in exercise of a particular power, it shall be deemed also to be made or done in exercise of all powers thereunto enabling. Section 24(2) A statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") shall not be inconsistent with the provisions of the enabling legislation, or of any Act, and the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") shall be void to the extent of the inconsistency. Section 24(3) Where an enactment confers a power to make a statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") 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 any the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") . Section 24(4) Where any enactment power is conferred on any person to make a statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") or to do anything for any general purpose, and also for any special purposes incidental thereto, the enumeration of the special purposes shall not derogate from the generality of the general purpose. Section 24(5) There may be annexed to the breach of statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") a penalty, not exceeding Kenya Shilling one million or such term of imprisonment not exceeding six months, or both, which the regulation making authority may think fit. [Act No. 17 of 2024 , s. 4.]
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GENERAL PROVISIONS - 25. Fees and charges
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A statutory instrument may provide for the imposition of fees and charges relating to matters covered by the enabling legislation.

Section 25. Fees and charges Section 25(1) A statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") may provide for the imposition of fees and charges in respect of any matter with regard to which provision is made in the enabling legislation. Section 25(2)(a) specific fees or charges; Section 25(2)(b) minimum fees or charges; Section 25(2)(c) maximum fees or charges; Section 25(2)(d) ad valorem fees or charges; Section 25(2)(e) the payment of fees or charges either generally or under specified conditions or in specified circumstances; and Section 25(2)(f) the reduction, waiver or refund, in whole or in part, of any fees or charges, either upon the happening of a certain event or in the discretion of a specified person. Section 25(3)(a) in respect of certain matters or transactions or classes of matters or transactions; Section 25(3)(b) in respect of certain documents or classes of documents; Section 25(3)(c) when any event happens or ceases to happen; Section 25(3)(d) in respect of certain persons or classes of persons; or Section 25(3)(e) in respect of any combination of such matters, transactions, documents, events or persons, and may be expressed to apply or to be applicable subject to such conditions as may be specified in the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") or in the discretion of any person specified therein.
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GENERAL PROVISIONS - 26. Forms
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If enabling legislation gives any person power to prescribe a form, then if that person does not prescribe it, a form they approve for the purpose may be used; documents or statutory instruments purporting to be in such form are not void for deviations that do not affect substance or are not calculated to mislead.

Section 26. Forms Section 26(1) Where an enabling legislation confers power on any person to prescribe any form, then unless that person prescribes such form, any form approved for the purpose by that person may be used. Section 26(2) Where any form has been prescribed by or under any legislation, a document or statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") which purports to be in such form shall not be void by reason of any deviation there from which does not affect the substance thereof or which is not calculated to mislead.

Part VII

TRANSITION AND SAVING

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TRANSITION AND SAVING - 28. Actions necessary aftereffective date
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Before the first Parliament election results are finally announced, references to 'Cabinet Secretary' mean 'Cabinet Minister'. Where the Act requires a Cabinet Secretary to lay a statutory instrument after 27 August 2010, the responsible Cabinet Secretary must transmit it to the Clerk; upon receipt the Clerk must, within seven days when Parliament is in session, table the instrument before Parliament.

Section 28. Actions necessary aftereffective date Section 28(1) Before the final announcement of all the results of the first election of Parliament as contemplated under section 2 of the Sixth Schedule to the Constitution, any reference to a Cabinet Secretary in this Act shall with necessary modifications be construed to mean a Cabinet Minister. Section 28(2) Where this Act requires a Cabinet Secretary to table or cause to be laid any statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") after the effective date ("the 27th of August, 2010;") , it shall accordingly be the duty of the responsible Cabinet Secretary ("the Cabinet Secretary for the time being responsible for administering the relevant Act or provision under which or in relation to which the statutory instrument is made or preserved;") to transmit such statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") to the office of the Clerk. Section 28(3) Upon receipt of such statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") by the Clerk as envisaged under subsection (2), the Clerk shall within seven (7) days when Parliament is in session, cause the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued") to be tabled before Parliament and the provisions of Part IV shall take effect.

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