The Statutory Instruments (Amendment) Bill, 2024
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Breach Fines Raised to KSh 1 Million
The Bill amends Section 24 of the Principal Act, significantly raising the maximum penalty annexed to the breach of a statutory instrument from KSh 20,000 to KSh 1 million. The maximum imprisonment term for such breaches is also extended from six months to five years.
Mandatory 7-Day Window for Late Submission
Under the proposed Section 11(5), if a regulation-making authority fails to submit a statutory instrument to Parliament, the Committee on Delegated Legislation will require the authority to submit the instrument within seven days of the Committee's resolution.
Repeal of Automatic 10-Year Expiry
The Bill repeals Section 21 of the Principal Act, entirely removing the automatic revocation of statutory instruments ten years after their enactment. To ensure continuity, a savings provision in Section 27 preserves all instruments in force on or before January 24, 2024, as if they had not been automatically revoked.
Closer Scrutiny of Court-Generated Rules
By deleting Section 12(3) of the Principal Act, the Bill removes the exemption previously granted to rules, regulations, and orders emanating from a court of competent jurisdiction, thereby requiring them to be referred to the relevant committee of Parliament for scrutiny.
Bill No.
No. 3 of 2024
Gazette No.
Supplement No. 27 of 2024
Sponsor
Kimani Ichung'wah
Background
The Statutory Instruments (Amendment) Bill, 2024 seeks to amend the Statutory Instruments Act, 2013 (No. 23 of 2013). Its primary purpose is to streamline the processing, parliamentary scrutiny, and oversight of statutory instruments (subsidiary legislation) in Kenya, ensuring better alignment with the Constitution and establishing more effective deterrence mechanisms.
Key Amendments
- Laying of Statutory Instruments (Section 11): If a regulation-making authority fails to submit a statutory instrument, the Committee will require submission within seven days of the resolution. If an unlaid instrument ceases to have effect, Parliament may notify the public on its website that the instrument is a nullity.
- Referral to Committee (Section 12): The Bill deletes subsection (3) of Section 12, thereby subjecting rules, regulations, and orders emanating from a court of competent jurisdiction to parliamentary scrutiny.
- Exemptions (Section 14): Clarifies that the Committee's power regarding exemptions is to "recommend to the House to" grant an exemption rather than making the decision unilaterally.
- Annulment Procedure (Section 19): Replaces Section 19 to establish that once Parliament adopts an annulment report, the instrument stands annulled. The Clerk must publish the annulment on the Parliamentary website and notify the regulation-making authority, which must then publish the annulment in the Gazette within 14 days.
- Repeal of Automatic Expiry (Section 21): Repeals Section 21, which mandated the automatic revocation of statutory instruments ten years after their making.
New Obligations
- Submission Deadlines: Regulation-making authorities must submit outstanding statutory instruments within seven days of a directive from the Committee.
- Gazettement of Annulments: Upon receiving communication from the Clerk of the relevant House, a regulation-making authority must publish the annulment of a statutory instrument in the Gazette within 14 days.
Penalties
- Increased Fines and Sentences (Section 24): The maximum penalty that may be annexed to the breach of any statutory instrument is raised from a fine of KSh 20,000 to KSh 1 million, and the maximum term of imprisonment is increased from six months to five years.
Transitional Provisions
- Savings Clause (Section 27): Inserts a new subsection (3) to save any statutory instruments that were in operation on or before January 24, 2024, ensuring they continue to operate as if they had not been automatically revoked under the previous 10-year automatic expiry rule.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.