Delegated County Legislation

Establishment of the Committee

The Select Committee on Delegated County Legislation was established on Thursday 5th October, 2017, pursuant to the provisions of the Standing Order 202 (1).

Functions of the Committee

Pursuant to the Provisions of the Standing Order 202(3), the Committee shall consider in respect of any statutory instrument whether it-

  1. Is in accord with the provisions of the Constitution, the Act pursuant to which it is made or other relevant written law;
  2.  Infringes on fundamental rights and freedoms of the public;
  3. Contains a matter which in the opinion of the Committee should more properly be dealt with in an Act  of the County Assembly;
  4. Contains imposition of taxation;
  5. Directly or indirectly bars the jurisdiction of the Courts;
  6. Gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power;
  7. Involves expenditure from the County Revenue Fund or other public revenues;
  8. Is defective in its drafting or for any reason the form or purport of the statutory instrument calls for any elucidation;
  9. Appears to make some unusual or  unexpected use of the powers conferred by the Constitution  or the Act pursuant  to which it is made;
  10. Appears to have had unjustifiable delay in its publication or laying before County Assembly;
  11. Makes rights, liberties or obligations unduly dependent upon non-reviewable decisions;
  12. Makes rights, liberties or obligations unduly dependent insufficiently defined administrative powers;
  13. Inappropriately delegates legislative powers;
  14. Imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;
  15. Appears for any reason to infringe on the rule of law;
  16. Inadequately subjects the exercise of legislative power to County Assembly scrutiny; and,
  17. Accords to any other reason that the Committee considers fit to examine.
 

 

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