MEMBERS
1) Hon. Maka Maimuna Mohammed -Chairperson
2) Hon. Hamisi Deye Iddi-Vice Chair
3) Hon. Masha Boru Dela
4)Hon. Lucy Diramo David
5) Hon. Jibril Mahamud Farah
6) Hon. Ismael Bodha Kodobo
7) Hon. Hamid Babusa Salim
MANDATE
Pursuant to Standing Order 200, the Committee on Delegated County Legislation shall consider in respect of any statutory instrument whether it
a) Is in accord with the provisions of the Constitution, the Act pursuant to which it is made or other relevant written laws;
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 taxation;
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 an Act of Parliament of Assembly 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 an Act pursuant to which it is made;
j) Appears to have had unjustifiable delay in its publication or laying before the House;
k) Makes rights, liberties or obligations unduly dependent upon non-reviewable decisions;
l) Makes rights, liberties or obligations unduly dependent upon insufficiently defined administrative powers;
m) Inappropriately delegates legislative powers; 7
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. If the Committee Resolves that the statutory instrument, be acceded to, the Clerk shall convey that resolution to the relevant County department or the authority that published the statutory instrument; and Does not accede to the statutory instrument, the Committee may recommend to the House to resolve that all or any part of the statutory instrument be annulled. If a resolution is passed by the House within twenty days on which it next sits after the instrument laid before it under paragraph(2), that all or part of the statutory instrument be annulled, the instrument or part thereof shall henceforth stand annulled. In the Standing Order, Statutory instrument means any rule, order, regulation, direction, form, tariff or costs or fees, letter patent, commission, warrant, proclamation, by-law, resolution, guideline or other instrument issued, made or established in the execution of a power conferred by or under an Act of the Assembly under which that statutory instrument or subsidiary legislation is expressly authorized to be issued”.