This is the version of this Act as it was from 1 July 2023 to 26 December 2024. Read the latest available version.
Statutory Instruments Act
Related documents
- Is amended by 24th Annual Supplement
- Is amended by Finance Act, 2023
- Is amended by Statutory Instruments (Amendment) Act, 2024
- Amends Interpretation and General Provisions Act

LAWS OF KENYA
STATUTORY INSTRUMENTS ACT
CAP. 2A
- Published in Kenya Gazette Vol. CXV—No. 32 on 1 March 2013
- Assented to on 14 January 2013
- Commenced on 25 January 2013
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2015 (Act No. 25 of 2015) on 24 December 2015]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 4 of 2018) on 21 May 2018]
- [Amended by Finance Act, 2022 (Act No. 22 of 2022) on 1 July 2022]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Finance Act, 2023 (Act No. 4 of 2023) on 1 July 2023]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Statutory Instruments Act.2. Interpretation
In this Act, unless the context otherwise requires—"Committee" means the Committee on Delegated Legislation established under the Standing Orders of the National Assembly or the Senate or any other Committee that may be established by Parliament for the purpose of reviewing and scrutinizing statutory instruments;"effective date" means the 27th of August, 2010;"explanatory memorandum" means a statement, prepared by the regulation-making authority that explains the purpose and operation of the statutory instrument and it includes any documents incorporated in the statutory instrument by reference and indicates how they may be obtained;"public participation" means involvement by the regulation-making authority of persons or stakeholders that the statutory instrument may directly or indirectly apply to;"regulation-making authority" means any authority authorized by an Act of Parliament to make statutory instruments;"responsible Cabinet Secretary" means the Cabinet Secretary for the time being responsible for administering the relevant Act or provision under which or in relation to which the statutory instrument is made or preserved;"statutory instrument" means any rule, order, regulation, direction, form, tariff of costs or fees, letters patent, commission, warrant, proclamation, by-law, resolution, guideline or other statutory instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorized to be issued.[Act No. 4 of 2018, Sch.]3. Application
4. Object of the Act
The object of this Act is to provide a comprehensive regime for the making, scrutiny, publication and operation of statutory instruments by—Part II – CONSULTATIONS BEFORE MAKING STATUTORY INSTRUMENTS
5. Consultation before making statutory instruments
5A. Explanatory memorandum
Part III – REGULATORY IMPACT STATEMENTS
6. Regulatory impact statements
If a proposed statutory instrument is likely to impose significant costs on the community or a part of the community, the regulation making authority shall, prior to making the statutory instrument, prepare a regulatory impact statement about the instrument.7. Contents of regulatory impact statements
8. Notification of regulatory impact statements
9. Where regulatory impact statements may be unnecessary
A regulatory impact statement need not be prepared for a proposed statutory instrument if the proposed legislation only provides for, or to the extent it only provides for—Part IV – PARLIAMENTARY SCRUTINY OF STATUTORY INSTRUMENTS
10. Purpose of Part
The purpose of this Part is to facilitate the scrutiny by Parliament of statutory instruments and to set out the circumstances and manner in which the statutory instruments, or provisions of the statutory instruments, may be disallowed, as well as the consequences of the disallowance.11. Laying of statutory instruments before Parliament
12. Referral to the Committee
13. Relevant considerations
The Committee shall, in carrying out its scrutiny of any statutory instrument or published Bill be guided by the principles of good governance, rule of law and shall in particular consider whether the statutory instrument—14. Exemptions
Subject to section 16, 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.15. Report to Parliament
16. Notice to the regulation-making authority
Subject to section 11, and in so far as its practically possible, the Committee shall confer with the regulation-making authority for which the statutory instrument has been made and brought before the Committee for scrutiny, before tabling the report to Parliament for their information and modification where necessary.17. Tabling the Report
In tabling the report before Parliament, the Committee shall state the overall objective of the statutory instrument, identify the portion of the statutory instrument in relation to which the report has been made and indicate the manner in which it offends the criteria set out in section 10 and the recommendations thereof.18. Annulment
When a report on a statutory instrument has been tabled in Parliament, the statutory instrument shall be deemed to be annulled if Parliament passes a resolution to that effect.19. Revocation
Where Parliament has adopted a report or a resolution that a statutory instrument be revoked, the instrument shall stand revoked and the regulation making authority shall publish the revocation within fourteen days.Part V – PURPOSE FOR REVIEW OF STATUTORY INSTRUMENTS
[Act No. 4 of 2023, s. 88.]20. Purposes of Part
The purpose of this Part is to—21. Repealed
Repealed by Act No. 4 of 2023, s. 89.Part VI – GENERAL PROVISIONS
22. Publication of instruments
23. Commencement of statutory instrument
24. Exercise of powers
25. Fees and charges
26. Forms
Part VII – TRANSITION AND SAVING
27. [Spent]
28. Actions necessary after effective date
History of this document
27 December 2024
01 July 2023 this version
Amended by
Finance Act, 2023
31 December 2022
Revised by
24th Annual Supplement
Read this version
01 July 2022
Amended by
Finance Act, 2022
Read this version
21 May 2018
24 December 2015
01 March 2013
25 January 2013
Commenced
14 January 2013
Assented to
Cited documents 7
Act 7
1. | Tax Procedures Act | 1267 citations |
2. | Tax Appeals Tribunal Act | 867 citations |
3. | Income Tax Act | 748 citations |
4. | Value Added Tax Act | 454 citations |
5. | Stamp Duty Act | 155 citations |
6. | Excise Duty Act | 147 citations |
7. | Finance Act, 2023 | 14 citations |
Documents citing this one 229
Judgment 152
Gazette 35
Act 29
1. | Physical and Land Use Planning Act | 471 citations |
2. | Small Claims Court Act | 384 citations |
3. | Public Procurement and Asset Disposal Act | 357 citations |
4. | Public Service Commission Act | 353 citations |
5. | Access to Information Act | 341 citations |
6. | Magistrates' Courts Act | 272 citations |
7. | High Court (Organization and Administration) Act | 118 citations |
8. | Copyright Act | 106 citations |
9. | Data Protection Act | 95 citations |
10. | Forest Conservation and Management Act | 91 citations |
Bench Bulletin 7
Bill 4
1. | The Finance Bill, 2022 | |
2. | The Finance Bill, 2023 | |
3. | The Statute Law (Miscellaneous Amendments) Bill, 2015 | |
4. | The Statute Law (Miscellaneous Amendments) Bill, 2024 |
Legal Notice 2
1. | The Statutory Instruments (Exemption from Expiry) Regulations | 1 citation |
2. | The Statutory Instruments (Exemption from Expiry) Regulations |
Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Statutory Instruments (Exemption from Expiry) Regulations | Legal Notice 218 of 2022 | 31 December 2022 |
The Statutory Instruments (Exemption from Expiry) Regulations | Legal Notice 217 of 2022 | 31 December 2022 |
The Statutory Instruments (Exemption from Expiry) Regulations | Legal Notice 214 of 2022 | 31 December 2022 |
Exemption | Legal Notice 46 of 2018 | 31 December 2022 |