Legislation
Legislation, also known as statutory law or primary, it is the highest and most authoritative source of law in many legal systems. It is created by a legislative body, such as a parliament or congress, through a formal legislative process. The legislative body has the ultimate authority to make and change laws.
Legislative process
First reading
A first reading is when a bill is introduced to a legislature. Typically, the bill is assigned a tracking number and immediately assigned to a committee. In most British influenced legislatures (Westminster systems) such as Kenya, the committee consideration occurs between second and third readings.
Second reading
A second reading is the stage of the legislative process where a draft of a bill is read a second time. A vote is taken in the general outlines of the bill before it is sent to the designated committee.
Third reading
A third reading is the stage of a legislative process in which a bill is read with all amendments and given final approval by the legislative body.
Presidential assent
The granting of Presidential Assent is the formal method by which the head of the Executive arm of government completes the legislative process by formally assenting or giving his consent to an Act of Parliament.
Commencement
Quite often, an Act of Parliament may provide that it will come into effect on a date to be notified. In such cases, after the Act has received Presidential Assent, notification of the date of its coming into effect is given through a legal notice usually by the Minister for the time being in charge of the matters with which the Act is concerned.
Delegated legislation
Delegated legislation refers to the rules of law made by a competent subordinate body pursuant to parliament delegated power. The body or the person delegated to power draws the same power from the enabling statute/parliament statute.
Characteristics of delegated legislation
- All delegated legislation is made under the express authority of an Act of Parliament.
- Unless otherwise provided, delegated legislation must be published in the Kenya Gazette before coming into force.
- Unless otherwise provided, delegated legislation must be laid before parliament for approval and parliament is empowered to declare the delegated legislation null and void by a resolution to that effect whereupon it becomes inoperative to that effect.
Reasons for delegated legislation
Parliament delegates Law-making powers to other persons and bodies for various reasons:
- Parliament is not always in session.
- Parliament is not composed of experts in all fields
- Inadequate parliamentary time.
- Parliamentary Law-making is slow and unresponsive to urgent needs. Additionally it lacks the requisite flexibility.
- Increase in social legislation.