ROLE OF A LEGAL FRAMEWORK ON THE DELEGATED LEGISLATION PROCESS IN KENYA

Abstract

Governance provides a framework for ethical decision-making and managerial action that is
based on transparency, accountability, and defined roles. It is the way through which people,
organizations, and governments work toward common objectives, make decisions, generate
legitimate authority and power, and promote and protect human rights. Within the constitutional
architecture of Kenya, it is only Parliament that is mandated to enact laws. However, the same
constitution provides that Parliament may delegate or cede limited powers to the executive arm
of government to make delegated legislations. This study, therefore, sought to determine the role
of legal framework in the delegated legislation process in Kenya. A descriptive survey research
design and positivism philosophy were adopted with the target population was 410 from the
delegated legislation mandates in three arms of government, legislature, executive, and the
judiciary. The study used stratified random sampling, purposive and simple random sampling
was used to select the sample population, and the sample size was 202 respondents with the key
mandate of delegated legislation determined by using Yamane's (1967) Formula. The primary
data was collected by use of questionnaires and analyzed quantitatively using inferential
analysis. Based on the multiple linear regression results, it was revealed that legal framework
positively and significantly related with delegated legislation process in Kenya. The study thus
recommends putting in place strategies, undertake a comprehensive study of the adequacy of the
current law- the Statutory Instrument Act, 2013 to deal with these emerging realities with a view
to amending it. It is further recommended that in reviewing the current law, comparative study
be done with other jurisdiction with a view to finding out how the three arms of government may
play their constitutional role (considering the principle of separation of powers) in delegated
legislations. Further, it is further recommended that parliament must scrutinize all enabling laws
that it enacts and ensure that it does not „over-delegate‟ its powers to other arms of government.
This could go a long way in ensuring there is improved delegated legislative process in Kenya.