Government agencies that fail to make regulations required to implement laws could soon face pressure from Kenyans through Parliament under a proposed change to the law.
The Statutory Instruments (Amendment) Bill (Senate Bill No 10 of 2024) seeks to give citizens a formal channel to petition Parliament when public bodies do not prepare the rules needed to give effect to legislation within the required timelines.
The Bill, which was first introduced in the Senate as part of the National Dialogue (Nadco) legislative proposals, has already received Senate approval and is now before the National Assembly for public participation.
A lawyer has petitioned Parliament to fast-track its passage, arguing that the proposed changes would give citizens a stronger means of demanding action from institutions that fail to meet their legal duties.
In a petition addressed to the Clerk of the National Assembly, High Court advocate Ekaterina Handa said the measure was necessary to "curb institutional inertia and prevent public bodies from frustrating Parliament's legislative intent."
Handa's petition points to the Judicial Service Commission (JSC), which she says has taken more than 10 years to formulate and gazette rules for dealing with complaints against judges and judicial officers.
The lawyer said Section 47 of the Judicial Service Act places a duty on the JSC to develop regulations that would support the efficient and transparent performance of its functions.
Among the matters covered by the provision is the handling of petitions filed against judges.
Handa referred to the High Court case Lubengu v Judicial Service Commission & another, where a three-judge bench found that the JSC had not developed and gazetted procedural rules for handling petitions against judges.
The court found that the absence of such rules had resulted in the Commission using ad hoc procedures.
This, the court said, had created uncertainty and weakened predictability, consistency and transparency in the manner in which petitions were handled.
The petition also refers to a Supreme Court directive issued in Shollei v Judicial Service Commission & another. In the case, the JSC was directed to gazette the required regulations within 90 days.
Handa says the Commission has not complied with that order.
She argues that the proposed amendment would provide citizens with a clear mechanism for asking Parliament to intervene where a public institution fails to make regulations required by law.
The change, she says, would also improve accountability within public institutions while helping safeguard due process.
Handa has called on Parliament to take decisive action and ensure that public bodies meet their statutory responsibilities and obey court orders.
The proposed legislation is currently undergoing public participation in the National Assembly following its passage by the Senate.