ADVOKS GLOBAL · KENYA
Statutory Instruments Act
13. Relevant considerations
Edition: 2024-12-27 · In force
13. Relevant considerations
The Committee shall, in carrying out its scrutiny of any statutory instrument or published Bill be guided by the principles of good governance, rule of law and shall in particular consider whether the statutory instrument—(a)is in accord with the provisions of the Constitution, the Act pursuant to which it is made or other 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;(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;(i)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 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 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.