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{
    "id": 1176709,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1176709/?format=api",
    "text_counter": 22,
    "type": "other",
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    "content": "(i) The nature of Statutory Instruments that ought to be tabled before the House for scrutiny. (ii) The Mandate of the Committee on Delegated Legislation with regard to Statutory Instruments that have been operationalised but have not been tabled in the House. With regard to the first issue, Members are aware that Article 94 (5) of the Constitution vests Parliament with unique legislative mandate to the exclusion of any other person or body other than Parliament, which may only issue an instrument having the force of law under the authority conferred by the Constitution or by legislation. Article 94 (6) of the Constitution further elucidates the procedure to be followed with regard to any delegation of law making by Parliament. It provides that an Act of Parliament or legislation of a county that confers on any State Organ, State Officer or person, the authority to make provision having the force of law in Kenya as contemplated in Clause 5 shall expressly, specify the purpose and objectives for which that authority is conferred, the limits of the authority, nature and scope of the law that may be made, the principles and standards applicable to the law made under the Authority. In its wisdom, Parliament passed the Statutory Instruments Act in 2013 to provide for the making, scrutiny, publication and operation of Statutory Instruments. The Act contains provisions which guide regulation making bodies on the need for wide stakeholder consultation and fidelity to the Constitution and laws passed by Parliament in making subsidiary legislation. In furtherance of the requirements of the Constitution, the Act subjects every Statutory Instrument to scrutiny by Parliament. It further outlines 13 criteria against which Parliament, through its relevant Committee, must assess every instrument. This ranges from compliance with the Constitution and the written law, defective drafting and delay in tabling, among other issues that the Committee may consider to examine. Hon. Members, with regard to the definition, the Act defines a Statutory Instrument as “any rule, order, regulation, direction, form, tariff of costs or fees, letters of 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 authorised to be issued.” The The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}