Delegated County Legislation

Hon. Jason Lutomia – (Chairperson)

Whenever a statutory instrument is submitted to the County Assembly pursuant the Constitution, any law or these Standing Orders, the statutory instrument shall, unless a contrary intention appears in the relevant legislation, be laid before the County Assembly by the Chair of the relevant Sectoral Committee, or any other member and shall thereafter stand referred to the Committee on Delegated County Legislation.

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.

Current Members:

  1. Hon. Jason Lutomia (Chairperson)
  2. Hon. George Mukodo
  3. Hon. Lilian Osiema
  4. Hon. Brian Mafunga
  5. Hon. Auxillia Shiranda
  6. Hon. Bonface Osanga
  7. Hon. Charles Nandwa
  8. Hon. Elly Keya
  9. Hon. Patrick Ambosa Lumula
  10. Hon. Ann Kataka
  11. Hon. David Ndakwa