Committee On Delegated County Legislation

8.1.Establishent and Mandates
(1) The Committee shall consider in respect of any statutory instrument whether it—
(a) is in accordance with the Constitution, the Act pursuant to which it is made or other relevant 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 the Assembly;
(d) contains imposition of taxes;
(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 County Revenue 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 Assembly;
(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 Assembly scrutiny; and,
(q) accords to any other reason that the Committee considers fit to examine.
(9) Subject to section 16 of the Statutory Instruments Act, No. 23 of 2013 (in this Standing Order referred to as “the Act”), the Committee may exempt certain statutory instruments or class of statutory instruments from scrutiny if the Committee is satisfied that the scrutiny is not reasonably practical due to the number of regulations in that class.
(10) The Committee shall make a report to the Assembly containing only a resolution that the statutory instruments that stands permanently referred to the Committee be revoked.
(11) Where the Committee does not make the report referred to in subsection (1) within twenty eight sitting days after the date of referral of the statutory instrument to the Committee under section 12 of the Act , or such other period as the House may, by resolution approve, the statutory instrument shall be deemed to have fully met the relevant considerations referred to in section 13 of the Act.
(12) Despite the provision of the Act or any other written law, where a time is prescribed for doing an act or taking a proceeding by the Assembly relating to the handling of a statutory instrument, the Assembly may, by resolution, extend that time by a period not exceeding twenty-one days.

8.2.Membership
1. Hon. Francis M. Ngunga (MCCP)
2. Hon. Alphonse Mutinda “
3. Hon. Johana Munyao “
4. Hon. Francis Kavyu “
5. Hon. Francis Kitaka (WIPER)
6. Hon. Boniface Maeke (CCU)
7. Hon. Dee Kivuva (WIPER)
8. Hon. Farhiya Abdi “
9. Hon. Benjamin Kyule “
10. Hon. Mathew Ndunda (INDPNT)
11. Hon. Peninah Kisangai (PTP)
12. Hon. Rose Wavinya (UDA)
13. Hon. Bonface Katiti