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Post Reply: National Assembly Invalidates 17 Government Regulations for Breaching Constitution

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on August 25, 2025, 7:02 am</div><div id="pl-7691"  class="panel-layout" ><div id="pg-7691-0"  class="panel-grid panel-no-style" ><div id="pgc-7691-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7691-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="1 1 []">In a significant move to uphold constitutional integrity, Kenya's National Assembly has annulled 17 government regulations deemed to violate the country's Constitution. This decision, made during a recent plenary session, underscores the legislature's commitment to ensuring that all statutory instruments align with the legal framework established by the 2010 Constitution. The annulled regulations, spanning various sectors, were found to contravene key constitutional principles, including public participation, transparency, and adherence to the rule of law.</p>
<p dir="ltr">The annulment followed a thorough review by the National Assembly’s Committee on Delegated Legislation, chaired by Ainabkoi MP Samuel Chepkonga. The committee's report, presented to the House, highlighted that the regulations failed to meet constitutional standards, particularly in areas such as public involvement in the legislative process and compliance with existing laws. Among the regulations struck down were provisions related to public finance management, education, and administrative procedures, which were criticized for bypassing mandatory consultation processes or exceeding the authority granted to the issuing bodies.</p>
<p dir="ltr">One notable regulation annulled was linked to the Public Finance Management Act, which sought to impose new financial reporting requirements on county governments. The committee found that this regulation not only lacked sufficient public input but also infringed on the devolved powers of counties, as outlined in the Constitution. Similarly, regulations in the education sector, including those governing the management of public schools, were invalidated due to inadequate stakeholder engagement and inconsistencies with the Basic Education Act.</p>
<p dir="ltr">The decision has sparked widespread debate, with some lawmakers and legal experts praising the move as a bold step toward safeguarding constitutionalism. "This action reaffirms the National Assembly’s role as a guardian of the Constitution," said Chepkonga during the session. "No regulation, no matter how well-intentioned, can stand if it undermines the supreme law of the land." Other MPs echoed this sentiment, emphasizing that the annulment sends a clear message to government agencies about the importance of adhering to legal and constitutional requirements.</p>
<p dir="ltr">However, the annulment has also raised concerns among some government officials, who argue that the affected regulations were critical for streamlining operations in various sectors. A senior official from the Ministry of Education, speaking on condition of anonymity, expressed disappointment, stating that the invalidated regulations were designed to enhance efficiency in school management. The official warned that the annulment could create temporary gaps in administrative processes, potentially affecting service delivery.</p>
<p dir="ltr">The annulment process was guided by Article 94 of the Constitution, which mandates the National Assembly to oversee delegated legislation and ensure its alignment with the law. The Committee on Delegated Legislation conducted an extensive review, engaging with stakeholders, including government ministries, civil society organizations, and legal experts. The committee’s findings revealed that several of the regulations were enacted without adequate public participation, a cornerstone of Kenya’s constitutional framework. Others were found to impose undue burdens on citizens or contradict existing statutes.</p>
<p dir="ltr">This is not the first time the National Assembly has taken such action. In recent years, the legislature has increasingly flexed its oversight powers to scrutinize statutory instruments, reflecting a growing emphasis on accountability. The annulment of these 17 regulations brings the total number of invalidated instruments to over 30 in the past two years, signaling a robust approach to ensuring that government actions remain within the bounds of the law.</p>
<p dir="ltr">Civil society groups have welcomed the decision, viewing it as a victory for transparency and public participation. The Kenya Law Society, in a statement, commended the National Assembly for its vigilance and urged continued scrutiny of government regulations. "This move strengthens the democratic process and ensures that the voices of Kenyans are heard in matters that affect them," the statement read.</p>
<p dir="ltr">As the government moves to address the gaps created by the annulment, analysts expect increased collaboration between ministries and the National Assembly to craft regulations that comply with constitutional requirements. The decision also highlights the need for capacity building within government agencies to ensure that future regulations are developed through inclusive and transparent processes.</p>
<p dir="ltr">The annulment of these 17 regulations marks a pivotal moment in Kenya’s legislative history, reinforcing the importance of constitutional adherence and public involvement in governance. As the nation continues to navigate complex policy challenges, the National Assembly’s actions serve as a reminder that the Constitution remains the bedrock of Kenya’s democratic system.</p>
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