Statutory Instruments Act

5. Consultation before making statutory instruments

Edition: 2024-12-27 · In force

5. Consultation before making statutory instruments

(1)Before a regulation-making authority makes a statutory instrument, and in particular where the proposed statutory instrument is likely to—

(a)have a direct, or a substantial indirect effect on business; or

(b)restrict competition;

the regulation-making authority shall make appropriate consultations with persons who are likely to be affected by the proposed instrument.

(2)In determining whether any consultation that was undertaken is appropriate, the regulation making authority shall have regard to any relevant matter, including the extent to which the consultation—

(a)drew on the knowledge of persons having expertise in fields relevant to the proposed statutory instrument; and

(b)ensured that persons likely to be affected by the proposed statutory instrument had an adequate opportunity to comment on its proposed content.

(3)Without limiting by implication the form that consultation referred to in subsection (1) might take, the consultation shall—

(a)involve notification, either directly or by advertisement, of bodies that, or of organizations representative of persons who, are likely to be affected by the proposed instrument; or

(b)invite submissions to be made by a specified date or might invite participation in public hearings to be held concerning the proposed instrument.

Case law referring to this provision

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Source: Kenya Law