The Statutory Instruments (Amendment) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
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Executive
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Final
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12-Month Default Timeline for Making Regulations
If an enabling Act does not provide a specific timeline for making regulations, the regulation-making authority must publish the statutory instrument within 12 months from the date the enabling legislation commences, under the new section 24A(2).
KSh 2 Million Fine and Personal Liability for Delays
Under the new section 24A(3) and (4), a Cabinet Secretary or authorized person who fails to make a statutory instrument within the required timelines commits an offence. Upon conviction, they are subject to a personal fine not exceeding KSh 2 million, and public funds cannot be used to pay this fine.
Citizen Petitions to Introduce Draft Regulations
Under the new section 24B, if an authority fails to issue a statutory instrument on time, any person may petition Parliament in accordance with the Petitions to Parliament (Procedure) Act (Cap. 7E) and submit a draft statutory instrument for legislative consideration.
Mandatory 60-Day Turnaround on Parliamentary Directives
If Parliament approves a citizen's petition, the Clerk of the relevant House must submit the decision and the draft statutory instrument to the regulation-making authority within 7 days. The authority must then implement Parliament's recommendations within 60 days of receiving the report.
Bill No.
Bill No. 10 of 2024
Gazette No.
Supplement No. 52 of 2024
Background
The Statutory Instruments Act (Cap. 2A) governs the making, vetting, and publishing of statutory instruments (subsidiary legislation) in Kenya. Currently, delays in drafting and publishing regulations often stall the full implementation of acts passed by Parliament. The Statutory Instruments (Amendment) Bill, 2024, introduces strict legal timelines and personal liability for public officers to address these regulatory delays.
Key Amendments
Insertion of Section 24A (Timelines for Statutory Instruments)
This amendment establishes concrete timelines for regulatory bodies:
- Enabling Act Timelines: Authorities must publish regulations within the timelines explicitly stated in the enabling law.
- Default Timeline: If the parent Act is silent on timelines, the regulation-making authority has a maximum of 12 months from the commencement of the parent Act to issue the regulations.
Insertion of Section 24B (Public Petitions for Regulatory Inaction)
To prevent executive stalling, this section introduces a public remedy:
- Right to Petition: Citizens may petition Parliament regarding a regulatory body's failure to publish a statutory instrument within the specified timelines.
- Draft Submission: Petitioners may submit a draft statutory instrument along with their petition, in compliance with the Petitions to Parliament (Procedure) Act (Cap. 7E).
- Parliamentary Directives: If Parliament approves the petition, the Clerk of that House has 7 days to transmit the report and draft instrument to the regulation-making authority.
New Obligations
- Timely Drafting: Regulation-making authorities must monitor newly enacted legislation and ensure all matching statutory instruments are drafted and finalized within the statutory periods.
- Mandatory Implementation: Regulatory authorities must implement any recommendations issued by Parliament concerning a public petition within 60 days of receiving the report from the Clerk of the House.
Penalties
- Offence of Non-Compliance: A Cabinet Secretary or any other person authorized to make a statutory instrument who fails to meet the timelines without a reasonable cause commits a statutory offence.
- Personal Fine: Upon conviction, the offender is liable to a fine not exceeding KSh 2 million.
- No Public Funding: The bill explicitly prohibits the use of public funds to pay the fine, ensuring the official is personally liable.
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