The Statutory Instruments (Amendment) Bill, 2024
Status Timeline
Proposed
Done ยท 17 Sep 2026
Public Review
Done
Debate
Active now
Executive
Pending
Final
Pending
12-Month Default Timeline for Regulations
Under the proposed section 24A(2), if the enabling legislation does not specify a timeline, the regulatory-making authority must draft and make the statutory instrument within twelve months of the parent Act's commencement.
Public Petition Right with Draft Regulations
If an authority fails to make the regulations within the required period, section 24A(3) permits any person to petition Parliament. The petitioner may also submit a draft statutory instrument for legislative consideration.
KSh 500,000 Personal Fine for Failures
Individuals responsible for failing to make statutory instruments within the timelines without reasonable cause commit an offence. Section 24A(4) and (5) establish a fine of up to KSh 500,000, which must be paid personally without the use of public funds.
Bill No.
Senate Bill No. 10 of 2024
Gazette No.
Supplement No. 52 of 2024
Sponsors
AARON CHERUIYOT, Stewart Madzayo
Background
The Statutory Instruments Act (Cap. 2A) governs the creation, parliamentary scrutiny, and management of delegated legislation (such as regulations, rules, and by-laws) in Kenya. Currently, some enacted laws experience delays in full implementation due to the slow or non-existent drafting of supporting regulations by designated administrative authorities. The Statutory Instruments (Amendment) Bill, 2024, seeks to resolve this issue by introducing mandatory drafting deadlines.
Key Amendments
The Bill proposes to insert a new section 24A immediately after section 24 of the Statutory Instruments Act. This section introduces strict rules on the timing of delegated legislation:
- Enabling Act Timelines: A regulatory-making authority must make a statutory instrument within the timeframe specified in the parent legislation.
- Default 12-Month Deadline: If the parent Act does not provide a timeline, the authority must issue the statutory instrument within 12 months of the parent Act's commencement.
New Obligations
- Regulatory Authorities: Government departments, agencies, and cabinet secretaries must proactively draft and publish necessary rules within the set timelines.
- Public Petitions: Citizens are empowered to petition Parliament directly if an authority fails to meet its deadlines. Where possible, the petition may be accompanied by a draft of the proposed statutory instrument to expedite the process.
Penalties
- Personal Liability for Fines: Any person who fails to draft the required statutory instruments within the specified timelines without reasonable cause commits an offence.
- Financial Penalties: Upon conviction, the individual is liable to a fine not exceeding KSh 500,000.
- Ban on Public Funding: The Bill explicitly mandates that the penalised individual is personally liable, meaning public funds cannot be utilized to cover the fine.
Gazettement
The Statutory Instruments (Amendment) Bill, 2024 was published in the Kenya Gazette No. 52 on 7th March 2024.
Bi-cameral Consideration
A message from the Senate regarding the Bill was conveyed to the National Assembly on 6th August 2026.