Statutory Instruments Act

Section 1. Short title Section This Act may be cited as the Statutory Instruments Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Committee" means the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments; "effective date" means the 27th of August, 2010; "explanatory memorandum" means a statement, prepared by the regulation-making authority that explains the purpose and operation of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") and it includes any documents incorporated in the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issu...

Section 3. Application Section 3(1) This Act applies to every statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") made directly or indirectly under any Act of Parliament or other written legislation. Section 3(2) Nothing under this section may be construed as precluding Parliament from applying the provisions of this Act to any published bills awaiting parliamentary consideration.

Section 4. Object of the Act Section requiring regulation-making authorities to undertake appropriate consultation before making statutory instruments;

Section 5. Consultation before making statutory instruments Section 5(1)(a) have a direct, or a substantial indirect effect on business; or Section 5(1)(b) restrict competition; Section 5(2)(a) drew on the knowledge of persons having expertise in fields relevant to the proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") ; and Section 5(2)(b) ensured that persons likely to be affected by the proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") had an adequate opportunit...

Section 5A. Explanatory memorandum Section 5A(1)(a) a statement on the proof and demonstration that sufficient public consultation was conducted as required under Articles 10 and 118 of the Constitution; Section 5A(1)(b) a brief statement of all the consultations undertaken before the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") was made; Section 5A(1)(c) a brief statement of the way the consultation was carried; Section 5A(1)(d) an outline of the results of the consultation; Section 5A(1)(e) a brief explanation of any changes made to the legislation as a result of the consultation. Section 5A(2) Where no such consultations are undertaken as contemplated in subsection (1), the regulation-making authority shall explain why no such consultation was undertaken. Section 5A(3) The explanatory memorandum ("a statement, prepared by t...

Section 6. Regulatory impact statements Section If a proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") is likely to impose significant costs on the community or a part of the community, the regulation making authority shall, prior to making the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") , prepare a regulatory impact statement about the instrument.

Section 7. Contents of regulatory impact statements Section 7(1)(a) a statement of the objectives of the proposed legislation and the reasons for them; Section 7(1)(b) a statement explaining the effect of the proposed legislation, including in the case of a proposed legislation which is to amend an existing statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") the effect on the operation of the existing statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") ; Section 7(1)(c) a statement of...

Section 8. Notification of regulatory impact statements Section 8(1) Preparation of a regulatory impact statement for proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") shall be notified in the Gazette and in a newspaper likely to be read by people particularly affected by the proposed legislation. Section 8(2) If the proposed statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") is likely to have a significant impact on a particular group of people, the notice shall be publish...

Section 9. Where regulatory impact statements may be unnecessary Section a matter that is not of a legislative character, including, for example, a matter of a machinery, administrative, drafting or formal nature;

Section 10. Purpose of Part Section The purpose of this Part is to facilitate the scrutiny by Parliament of statutory instruments and to set out the circumstances and manner in which the statutory instruments, or provisions of the statutory instruments, may be disallowed, as well as the consequences of the disallowance.

Section 11. Laying of statutory instruments before Parliament Section 11(1) Every Cabinet Secretary responsible for a regulation-making authority shall within seven (7) sitting days after the publication of a statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") , ensure that a copy of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") is transmitted to the responsible Clerk for tabling before the relevant House of Parliament. Section 11(2) Notwithstanding subsection (1) and pursuan...

Section 12. Referral to theCommittee Section 12(1) Every statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") issued, made or established after the commencement of this Act shall upon tabling before the respective House of Parliament stand referred to the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") or any other committee that may be established for the purpose of reviewing and scrutinizing statutory instruments. Section 12(2) Nothing under subsection (1) may be construed as precluding the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any o...

Section 13. Relevant considerations Section is in accord with the provisions of the Constitution, the Act pursuant to which it is made or other written law;

Section 14. Exemptions Section Subject to section 16 , the Committee may exempt certain statutory instruments or class of statutory instruments from scrutiny if the Committee is satisfied that the scrutiny is not reasonably practical due to the number of regulations in that class.

Section 15. Report to Parliament Section 15(1) The Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") shall make a report to Parliament containing only a resolution that the statutory instruments that stands permanently referred to the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") be revoked. Section 15(2) Where the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") does not make the report referred to in subsection (1) within twenty eight sitting days after the date of referral of the statutory instrument ("any rule, order, regulation, direction, form, tariff o...

Section 16. Notice to theregulation-making authority Section Subject to section 11 , and in so far as its practically possible, the Committee shall confer with the regulation-making authority for which the statutory instrument has been made and brought before the Committee for scrutiny, before tabling the report to Parliament for their information and modification where necessary.

Section 17. Tabling the Report Section In tabling the report before Parliament, the Committee ("the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;") shall state the overall objective of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") , identify the portion of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 express...

Section 18. Annulment Section When a report on a statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") has been tabled in Parliament, the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") shall be deemed to be annulled if Parliament passes a resolution to that effect.

Section 19. Requirements for publishing an annulment Section 19(1)(a) the instrument shall stand annulled; and Section 19(1)(b) the Clerk of the relevant house shall publish the annulment in the Parliamentary website and shall convey the resolution of the House to the regulation making authority. Section 19(2) Upon receipt of the communication from the Clerk in accordance with this section, the regulation making authority shall publish the annulment in the Gazette within fourteen days.

Section 20. Purposes of Part Section reduce substantially the regulatory burden on the people of Kenya without compromising law and order and essential economic, environmental and social objectives;

Section 21. Repealed Section Repealed by ActNo. 4 of 2023, s. 89.

Section 22. Publication of instruments Section 22(1) Subject to subsection (2), every statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") shall be published in the Kenya Gazette and shall be assigned a serial number as of the year in which it is made which shall be printed on the face of the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") . Section 22(2) If a question arises as to whether statutory instruments under any provision of an enactment are statutory instruments the Attorn...

Section 23. Commencement ofstatutory instrument Section 23(1) A statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") shall come into operation on the date specified in that behalf in the statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") or, if no date is so specified, then, subject to subsection (2), it shall come into operation on the date of its publication in the Gazette subject to annulment where applicable. Section 23(2) If a statutory instrument ("any rule, order, regulation, di...

Section 24. Exercise of powers Section 24(1) Where any statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") or appointment or any other thing purports to be made or done in exercise of a particular power, it shall be deemed also to be made or done in exercise of all powers thereunto enabling. Section 24(2) A statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") shall not be inconsistent with the provisions of the enabling legislation, or of any Act, and the statutory instrument ("any rule...

Section 25. Fees and charges Section 25(1) A statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") may provide for the imposition of fees and charges in respect of any matter with regard to which provision is made in the enabling legislation. Section 25(2)(a) specific fees or charges; Section 25(2)(b) minimum fees or charges; Section 25(2)(c) maximum fees or charges; Section 25(2)(d) ad valorem fees or charges; Section 25(2)(e) the payment of fees or charges either generally or under specified conditions or in specified circumstances; and Section 25(2)(f) the reduction, waiver or refund, in whole or in part, of any fees or charges, either upon the happening of a certain event or in the discretion of a specified person. Section 25(3)(a) in respect of certain matters or transactions or classes of matters or transactions; Section 25(3)(b)...

Section 26. Forms Section 26(1) Where an enabling legislation confers power on any person to prescribe any form, then unless that person prescribes such form, any form approved for the purpose by that person may be used. Section 26(2) Where any form has been prescribed by or under any legislation, a document or statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") which purports to be in such form shall not be void by reason of any deviation there from which does not affect the substance thereof or which is not calculated to mislead.

Section 28. Actions necessary aftereffective date Section 28(1) Before the final announcement of all the results of the first election of Parliament as contemplated under section 2 of the Sixth Schedule to the Constitution, any reference to a Cabinet Secretary in this Act shall with necessary modifications be construed to mean a Cabinet Minister. Section 28(2) Where this Act requires a Cabinet Secretary to table or cause to be laid any statutory instrument ("any rule, order, regulation, direction, form, tariff of costs or fees, letters 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 authorized to be issued") after the effective date ("the 27th of August, 2010;") , it shall accordingly be the duty of the responsible Cabinet Secretary ("the Cabinet Secretary for the time being responsible for administering the relevant Act or provision under which or in relation to which the statutory instrument is made or preserved;") to transmit such statutory instrument...