National Assembly annuls 17 government regulations for contravening Constitution
Among those revoked are the Pest Control Products (Fees and Other Charges) Regulations, 2024, the Tariffs for Healthcare Services, and the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Proliferation Financing) Regulations, 2024.
A total of 17 regulations from various ministries and government agencies have been thrown out by Parliament after a committee found them inconsistent with the Constitution and statutory requirements.
According to the National Assembly Committee on Delegated Legislation, the regulations contravened the Constitution, the Statutory Instruments Act and other enabling laws.
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The committee, chaired by Ainabkoi MP Samuel Chepkonga, is mandated to scrutinise statutory instruments for compliance. In its report, the committee said the regulations failed to meet legal and drafting standards, leading to their annulment.
Among those revoked are the Pest Control Products (Fees and Other Charges) Regulations, 2024, the Tariffs for Healthcare Services, and the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Proliferation Financing) Regulations, 2024.
Others include the Adjudication (Amendment) Regulations, 2023, the Physical and Land Use Planning (Planning Fees) (Amendment) Regulations, 2023, the Survey (Electronic Cadastre Transactions) (Amendment) Regulations, 2023 and the Valuers (Forms and Fees) (Amendment) Rules, 2023.
Under Standing Order 210, the committee is required to examine all statutory instruments submitted to Parliament and determine their conformity with the Constitution, their parent Acts and other relevant laws.
The report shows that during the third session of the 13th Parliament (February–December 2024), the committee received 107 regulations, approving 71 and rejecting 17. In the current fourth session, which began on February 11, 2025, it has so far received 55 regulations, approving 29 while 29 remain pending.
In total, 99 regulations have been cleared since the review period began, while 17 stand annulled.
The Prevention of Terrorism Regulations, 2024, were faulted for failing to comply with Section 11 of the Statutory Instruments Act.
National Assembly Deputy Speaker Gladys Boss Shollei praised parliamentary committees, describing them as the “engine room of Parliament.”
Speaking during the National Assembly’s third Leadership Retreat in Mombasa, Shollei highlighted the committees’ extensive work in the fourth session of the 13th Parliament, noting that they scrutinised 648 audit reports and held over 2,100 sittings.
“Committees are the heartbeat of Parliament. In oversight alone, Committees reviewed 648 reports of the Auditor General, cutting down legacy backlogs and strengthening follow-up on audit queries,” she said.
According to Shollei, the committees also carried out 47 inspection visits, vetted 26 Cabinet Secretaries, one Attorney General, and 65 nominees to constitutional and statutory offices. In addition, they considered 11 international treaties and examined 83 statutory instruments.
She explained that out of the 2,115 sittings recorded, 820 were conducted by Audit, Appropriations and General Purpose Committees, while Departmental Committees accounted for 1,295 sessions.
Of the 47 inspection visits, 17 were carried out by Audit and Appropriations Committees and 30 by Departmental Committees to monitor the use of allocated resources and the implementation of government policies.
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