Consult the detailed scoring methodology.
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame? | No | |
| Are these plans available to general public? | No | |
| Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment? | Yes, in some ministries/regulatory agencies only | |
| Where is the draft text or summary published? |
On a unified website where all proposed regulations are published; on the website of the relevant ministry or regulator; printed in a federal journal ...
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On a unified website where all proposed regulations are published; on the website of the relevant ministry or regulator; printed in a federal journal or similar publication; directly distributed to interested stakeholders. |
http://www.klrc.go.ke/index.php/bills
http://www.nairobi.go.ke; http://nairobiassembly.go.ke/bills-docs/; http://citymasterplan.nairobi.go.ke Nairobi City County Gazette or Kenya Gazette The draft law is distributed via mail. |
| Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment? | Yes, throughout government |
All proposed law and regulations must go through public participation before their enactment as stipulated in the Constitution of Kenya.
The Kenya Law Reform Commission Act of 2013; the Constitution of Kenya; the Public Finance Management Act; the Physical Planning Act. |
| Is the entire text of the proposed draft published? | Yes, in some ministries/regulatory agencies only | |
| Is there a period of time set by law for the text of the proposed regulations to be publicly available? | No |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public? | Yes, in some ministries/regulatory agencies only | |
| How are the comments received? |
On the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business association...
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On the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups; through email; through mail/courier. |
http://citymasterplan.nairobi.go.ke
Stakeholders are profiled to understand their relevance to the proposed law or regulation. |
| Are received comments publicly accessible? | No | |
| Is the rulemaking body required by law to solicit these comments on proposed regulations? | Yes |
Constitution of 2010, Articles 118 and 119
|
| Is there a specialized government body or department tasked with soliciting and receiving these comments? | No | |
| Do ministries or regulatory agencies report on the results of the consultation on proposed regulations? | Yes, in some ministries/regulatory agencies only |
Validation workshops are organized to confirm that the participants' comments and recommendations are incorporated.
|
| How does the government report on the results of the consultation? | Prepares one consolidated response. | |
| Where does the government report on the results of the consultation? |
Printed in an official gazette or journal or other publication; directly distributed through public meetings; directly distributed to interested stake...
More
Printed in an official gazette or journal or other publication; directly distributed through public meetings; directly distributed to interested stakeholders. |
Nairobi City County Gazette
The participants of the public fora are furnished with copies of their comments. |
| Is reporting on the results of the consultation required by law? | No |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations? | Yes, throughout government | |
| Are there criteria used for determining which proposed regulations are subjected to an impact assessment? | Yes |
The Statutory Instruments Act No. 23 of 2013 provides the threshold in Section 9:
Where regulatory impact statements may be unnecessary: A regulatory impact statement need not be prepared for a proposed statutory instrument if the proposed legislation only provides for, or to the extent it only provides for— (a) a matter that is not of a legislative character, including, for example, a matter of a machinery, administrative, drafting or formal nature; (b) a matter that does not operate to the disadvantage of any person (other than a government entity) by— (i) decreasing the person’s rights; (ii) imposing liabilities on the person; (c) an amendment of statutory instrument to take account of the prevailing Kenyan legislative drafting practice; (d) the commencement of an Act or subordinate legislation or a provision of an Act or statutory instrument; (e) an amendment of statutory instrument that does not fundamentally affect the legislation’s application or operation; (f) a matter of a savings or transitional character; (g) a matter arising under legislation that is substantially uniform or complementary with legislation of the National Government or any County; (h) a matter advance notice of which would enable someone to gain unfair advantage; (i) an amendment of a fee, charge or tax consistent with announced government policy |
| Are there any specific regulatory impact assessment guidelines? | Yes |
The Statutory Instruments Act No. 23 of 2013. Furthermore, the Assessment of Regulatory Impact on Competition published by the Competition Authority of Kenya (https://www.cak.go.ke/images/docs/ARIC%20Summary_FINAL%201215.pdf).
|
| Are impact assessments required by law? | Yes |
Statutory Instruments Act 2013
|
| Are impact assessment made publicly available? | Yes | |
| How is this assessment distributed? | Through public meetings; through targeted outreach to stakeholders, such as business associations or other groups. | |
| When is this assessment distributed? | Other | |
| Is there an obligation for regulators to consider alternatives to proposed regulation? | Yes, throughout government |
Regulators are required to carry a SWOT analysis and then decide the best outcome.
|
| Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies? | Yes | |
| Please provide the name of this government body, and explain its functions. | Kenya Law Reform Commission and the Attorney General |
| Question | Answer | Note |
|---|---|---|
| Are the laws that are currently in effect available in a single place? | Yes | |
| How are the laws that are in force accessed? |
On a unified website managed by the government Printed in an official gazette / journal or other publication |
http://kenyalaw.org/kl/
Kenya Gazette The Gazette can be accessed online or bought at stores where it is published by the Government Printer. (http://www.kenyalaw.org/kenya_gazette/) |
| Are the secondary regulations that are currently in effect codified and available in a single place? | Yes | |
| Are these websites or registries updated regularly? | Yes | |
| Can these websites or registries be accessed by the public free of charge? | Yes |
| Question | Answer | Note |
|---|---|---|
| Do ministries or regulatory agencies conduct ex-post reviews? | No | |
| Are there any criteria for which regulations are subject to ex-post reviews? | No | |
| What specific approaches are used by your government? | n/a | |
| Are ex-post reviews required by law? | No |