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Committee on Delegated Legislation


Committee on Delegated Legislation


The Committee on Delegated Legislation is established pursuant to Standing 210 of the National Assembly Standing Orders. The Committee  considers whether any statutory instrument —

(a) is in accordance with the provisions of the Constitution, the Act pursuant to which it is made or other relevant written law;

(b) infringes on fundamental rights and freedoms of the public;

(c) contains a matter which in the opinion of the Committee, should more properly be dealt with in an Act of Parliament;

(d) contains imposition of taxation;

(e) directly or indirectly bars the jurisdiction of the Courts;

(f) gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power; 142 National Assembly Standing Orders

(g) involves expenditure from the Consolidated Fund or other public revenues;

(h) is defective in its drafting or for any reason the form or purport of the statutory instrument calls for any elucidation;

(h) appears to make some unusual or unexpected use of the powers conferred by the Constitution or the Act pursuant to which it is made;

(j) appears to have had an unjustifiable delay in its publication or laying before Parliament;

(k) makes rights, liberties, or obligations unduly dependent upon non-reviewable decisions;

(l) makes rights, liberties, or obligations unduly dependent on insufficiently defined administrative powers;

(m) inappropriately delegates legislative powers;

(n) imposes a fine, imprisonment, or other penalty without express authority having been provided for in the enabling legislation;

(o) appears for any reason to infringe on the rule of law;

(p) inadequately subjects the exercise of legislative power to parliamentary scrutiny; and

(q) accords to any other reason that the Committee considers fit to examine.
 

Report on the Consideration of Draft Salaries and Remuneration Commission (Remuneration and Benefits of State and other Public Officers) Regulations 2022

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Report Of The Delegated Committee On The Consideration Of Pfm National Peace Supporrt Operation Fund Regulations 2023

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Report Of The Delegated Legislation Committee On The Consideration Of The Draft Charter For Open University Of Kenya

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Report Of The Delegated Committee On The Consideration Of The Vat (electronic, Internet And Digital, Marketplace Supply)

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Report Of The Delegated Legislation Committee On The Consideration Of Excise Duty Excisable Goods Management System Amendment

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Report Of The Delegated Committee On Excise Duty Amendment Regulations 2023

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Report On Consideration Of Senate Amendments To The Statutory Instruments (amendment) Bill (na Bill No. 2 Of 2023)

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Report On The Inquiry Into Irregular And Illegal Grant Of Tax Exemptions To A Company Under Special Operating Framework Agreemen

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Report On Pfm (millenium Development Fund) Regulations (ln No. 51 Of 2024)

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