Course Overview

The 3 day programme will expose technical officers serving in Delegated legislation committees to processes through which they can better facilitate the processing of statutory instruments in line with the law and standing orders.

Course Rationale

Delegated legislation is also reffered to as surbodinate or subsidiary legislation and it is in effect the legislature making laws indirectly through other authorized bodies under law. These bodies could include Executive Depratments, Coporations and Commisions.
Section 2 of the Statutory Instruments Act, 2013 and the Standing Orders of the respective Houses of Parliament define a statutory instrument as—
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 delegated legislation regime does not seek to remove the power to legislate from the Legislature but rather seeks to enhance the efficacy of laws made in Kenya by appreciating the technical nature of law making and hence donating some of this power to competent bodies. The legislature however reserves the right to annual such legsilation if in its opinion the delegated legislation breach the tenents of that delegated authority.
All delegated legislation are made pursuant to powers delegated under a parent Act. In this regard, it is worth noting that delegated legislation must be made in conformity with the parent Act and particular attention must be paid to the provision delegating legislative powers. As such, a regulation-making authority must take due care so as to ensure that a statutory instrument is made without unreasonable delay in the event that no timelines are stipulated in the parent Act. Where timelines for preparing delegated legislation are stipulated, strict adherence ought to be observed.
This course will expose the technical officers to the strict requirements of processing delegated legislation and various consequnces of actions by the executive and the legislature.

Objectives

At the end of this course the participants will be able to

• Describe the concept principles of statutory instruments
• Describe the concept principles of statutory instruments
• Discuss the procedure for processing statutory instruments; and
• Explain case law and jurisprudence in kenya on delegated legislation.