Delegated Legislation

Mandate of Delegated County Legislation Committee

  (1) There shall be a select committee to be known as the Committee on Delegated County Legislation.

 

(2) Whenever a statutory instrument is submitted to the County Assembly pursuant the Constitution, any law or these Standing Orders, the statutory instrument shall, unless a contrary intention appears in the relevant legislation, be laid before the County Assembly by the Chair of the relevant Sectoral Committee, or any other Member and shall thereafter stand referred to the Committee on Delegated County Legislation.

 

(3) The Committee shall consider in respect of any statutory instrument whether it-

 

(a) is in accord with the provisions of the Constitution, the Act pursuant to which it is made or other relevant written law;

(b) infringes on fundamental rights and freedoms of the public;

(c) contains a matter which in the opinion of the Committee should more properly be dealt with in an Act of the County Assembly;

(d) contains imposition of taxation;

(e) directly or indirectly bars the jurisdiction of the Courts;

(f) gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power;

(g) involves expenditure from the County Revenue Fund or other public revenues;

(h) is defective in its drafting or for any reason the form or purport of the statutory instrument calls for any elucidation;

(i) appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made;

(j) appears to have had unjustifiable delay in its publication or laying before County Assembly;

(k) makes rights , liberties or obligations unduly dependent upon non-reviewable decisions;

(l) makes rights , liberties or obligations unduly dependent insufficiently defined administrative powers;

(m) inappropriately delegates legislative powers;

(n) imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;

(o) appears for any reason to infringe on the rule of law;

(p) inadequately subjects the exercise of legislative power to County Assembly scrutiny; and,

(q) accords to any other reason that the Committee considers fit to examine.

 

(4) If the Committee-

(a) resolves that the statutory instrument, be acceded to, the Clerk shall convey that resolution to the relevant County department or the authority that published the statutory instrument.

(b) does not accede to the statutory instrument, the Committee may recommend to the County Assembly that the County Assembly resolves that all or any part of the statutory instrument be annulled and if a resolution is passed by the County Assembly within twenty eight days on which it next sits after the instrument laid before it under paragraph (2), that all or part of the statutory instrument be annulled, the instrument or part thereof shall henceforth stand annulled.

 

(5) In this standing order, “statutory instrument” means any rule, order, regulation, direction, form, tariff of costs or fees, letter patent, commission, warrant, proclamation, by-law, resolution, guideline or other instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament or an Act of the County Assembly under which that statutory instrument or subsidiary legislation is expressly authorised to be issued”

 

COMMITTEE MEMBERS

1. Hon. Gatumu Frederick Mugendi Chairperson
2 Hon. Mbuchi Terry C Wanja V/Chairperson
3. Hon. Patrick Njeru  Mukavi Member
4 Hon.  Kiura Murithi Njagi Member
5. Hon. Nyaga Morris Muchiri Member
6. Hon. Harison Muturi Sammy Member
7. Hon. Sicily Warue Mbugi Member