MPs shield 1,764 regulations from expiry with extensionFriday February 03 2023
Parliament has given the State a one-year window to republish and table in the house 1,764 regulations enacted by Cabinet secretaries, constitutional Commissions and independent offices a decade ago.
MPs approved the extension of the expiry period of the regulations under 400 different Acts of Parliament.
The National Assembly approved the Statutory Instruments (Exemption from Expiry) Regulations 2022 to insulate the 1,764 pieces of regulations that were set to expire eight days ago.
The Statutory Instruments Act 2013 requires that a regulation or subsidiary law stands revoked on the day, which is 10 years after the making of the statutory instrument unless it is sooner repealed or expires or a regulation is made exempting it from expiry.
The law further stipulates that Cabinet secretaries consult with the relevant committee of Parliament to make regulations extending the operation of the statutory instrument for not more than 12 months.
The extension of a statutory rule can only be done once.
“These regulations (1,764) were made prior to 2013, and the Statutory Instruments Act provides that all regulations that were made either on or before January 23, 2013, shall automatically expire on January 23, 2023,” Samuel Chepkonga, who chairs the committee on Delegated Legislation, said.
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“These are regulations that have been made pursuant to 400 statutes that were passed by this House, so we are just regularising this just like we did for the ones of Parliament for one year.”
The MPS had in December extended the regulations under the Parliamentary Service Commission, and the Constituency Offices Regulations, 2005.
He said other regulations that needed extension are the Centre for Parliamentary Studies and Training, the Public Finance Management (Parliamentary Mortgage (Staff) Scheme Fund), the Public Finance Management (Parliamentary Car Loan (Staff) Scheme) and Parliamentary Service (Offices of Members of Parliament), Regulations that were all made in 2013.
“That, this House adopts the Report of the Committee on Delegated Legislation on its consideration of…and pursuant to the provisions of sections 21(2) of the Statutory Instruments Act, 2013, approves the Statutory Instruments (Exemption from Expiry) Regulation 2022, published as Legal Notice No.214 of 2022,” Mr Chepkonga said in the report.
The responsible ministries, departments and agencies of government whose regulations have been extended will be required to table fresh rules for approval by Parliament within the next 12 months.
The Committee on Delegated Legislation is mandated to scrutinize all statutory instruments submitted to Parliament for consideration.
During the scrutiny of the regulations, the committee is required to ascertain whether the statutory instruments infringe on the fundamental rights and freedoms of the public and whether the statutory instruments make unusual use of power conferred by the Constitution.
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The Statutory Instruments Act, 2013 requires any regulation-making body to table the regulations within seven days after being published.
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