Committee on Appointments

The Committee on Appointments is established under the provisions of S.O. No. 204. It consists of the Speaker as a Chairperson, the Deputy Speaker, the Leader of the Majority Party, the Leader of the Minority party, the Deputy Leader of the Majority Party, the Deputy Leader of the Minority party and not more than twenty two other Members nominated by the House Business Committee, on the basis of proportional Party Membership in the House taking into consideration the numerical strength of the Parties and interests of Independent Members. Its membership is appointed by the House.

Mandate

The Committee on Appointments is appointed within seven days on assembly of a new House and serves for a period of three years and that appointed thereafter shall serve for the remainder of the term of the Assembly

(3) In the absence of the Speaker, the Committee elects a member, from amongst its members to chair the meeting.

The Committee on Appointments considers, for approval by the House, appointments under Articles 152(2) (Cabinet secretaries).

The quorum of the Committee on Appointments is one half of the Members of the Committee, but the Speaker is not counted for the purposes of quorum and does not vote.

Public Accounts Committee

The Public Accounts Committee is established pursuant to the provisions of S.O. No. 205. It consists of a chairperson and not more than sixteen other Members.

The Public Accounts Committee is responsible for the examination of the accounts showing the appropriations of the sum voted by the House to meet the public expenditure and of such other accounts laid before the House as the Committee may think fit.

The Public Accounts Committee constituted immediately following the general election shall serve for a period of three calendar years and that constituted thereafter shall serve for the remainder of the parliamentary term.

The Public Accounts Committee elects a chairperson and vice-chairperson from amongst its members.

Public Investments Committee

The Public Investments Committee is constituted pursuant to the provisions of S.O. No 206 and is responsible for the examination of the working of the public investments.

It consists of a chairperson and not more than sixteen other Members.

The Public Investments Committee elects a chairperson and vice-chairperson from amongst its members.

The Public Investments Committee constituted immediately following the general elections shall serve for a period of three calendar years and that constituted thereafter shall serve for the remainder of the parliamentary term.

The functions of the Committee shall be to-

• examine the reports and accounts of the public investments;
• examine the reports, if any, of the Auditor General on the public investments; and
• examine, in the context of the autonomy and efficiency of the public investments, whether the affairs of the public investments, are being managed in accordance with sound financial or business principles and prudent commercial practices.

The Committee is excluded from dealing with the following: –

• matters of major Government policy as distinct from business or commercial functions of the public investments;
• matters of day-to-day administration; and,
• matters for the consideration of which machinery is established by any special statute under which a particular public investment is established.

Budget and Appropriations Committee

The Budget and Appropriations Committee is established pursuant to the provisions of S.O. No. 207. It consists of a chairperson, and not more than fifty other Members.

(3) The functions of the Committee shall be to-

• investigate, inquire into and report on all matters related to coordination, control and monitoring of the of the national budget,
• discuss and review the estimates and make recommendations to the House;
• examine the Budget Policy Statement presented to the House;
• examine Bills related to the national budget, including Appropriations Bills; and
• evaluate tax estimates, economic and budgetary policies and programmes with direct budget outlays.

The Budget Committee constituted by the House immediately following the general election shall serve for a period of three calendar years and that constituted thereafter shall serve for the remainder of the parliamentary term.

Seventeen members of the Budget Committee shall constitute a quorum.

The Committee shall invite chairpersons of all Departmental Committees to make presentations during the consideration of the budget.

Committee on Implementation

The Committee on Implementation is established pursuant to the provisions of S.O. No. 209 and is charged with the responsibility of scrutinizing the resolutions of the House (including adopted committee reports), petitions and the undertakings given by the National Executive and examine: –

• whether or not such decisions and undertakings have been implemented and where implemented, the extent to which they have been implemented; and whether such implementation has taken place within the minimum time necessary; and
• whether or not legislation passed by the House has been operationalized and where operationalized, the extent to which such operationalization has taken place within the minimum time necessary.

(3) The Committee may propose to the House, sanctions against any Cabinet Secretary who fails to report to the relevant select Committee on implementation status without justifiable reasons.

Committee on Delegated Legislation

The Committee on Delegated Legislation is established pursuant to the provisions of S.O. No 210.

Whenever a statutory instrument is submitted to the Assembly pursuant the Constitution, any law or these Standing Orders, the statutory instrument shall, unless a contrary intention appears in the relevant legislation, be laid before the Assembly by the Chair of the relevant Departmental Committee, or any other member and shall thereafter stand referred to the Committee on Delegated Legislation.

The Committee shall consider in respect of any statutory instrument whether it-

• is in accord with the provisions of the Constitution, the Act pursuant to which it is made or other relevant written law;
• infringes on fundamental rights and freedoms of the public;
• contains a matter which in the opinion of the Committee should more properly be dealt with in an Act  of Parliament;
• contains imposition of taxation;
• directly or indirectly bars the jurisdiction of the Courts;
• gives retrospective effect to any of the provisions in respect of which the Constitution or the Act does not expressly give any such power;
• involves expenditure from the Consolidated Fund or other public revenues;
• is defective in its drafting or for any reason the form or purport of the statutory instrument calls for any elucidation;
• appears to make some unusual or unexpected use of the powers conferred by the Constitution  or the Act pursuant  to which it is made;
• appears to have had unjustifiable delay in its publication or laying before Parliament;
• makes rights , liberties or obligations unduly dependent upon non-reviewable decisions;
• makes rights , liberties or obligations unduly dependent upon insufficiently defined administrative powers;
• inappropriately delegates legislative powers;
• imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;
• appears for any reason to infringe on the rule of law;
• inadequately subjects the exercise of legislative power to parliamentary scrutiny; and,
• accords to any other reason that the Committee considers fit to examine.

(4) If the Committee-

• resolves that the statutory instrument, be acceded to, the Clerk shall convey that resolution to the relevant state department or the authority that published the statutory instrument.
• does not accede to the statutory instrument, the Committee may recommend to the House that the Assembly resolves that all or any part of the statutory instrument be annulled and if the instrument –
• is not made under a legislation concerning counties and a resolution is passed by the Assembly 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 and ;
• is made under a legislation concerning counties, the Clerk shall, within seven days of the resolution transmit a message to the Senate.

(5) The Clerk shall submit the resolution under paragraph (4)(b)(i) to the relevant state department or the authority that published the statutory instrument.

(6) In this standing order, “statutory instrument” means any rule, order, regulation, direction, form, tariff of 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 Parliament under which that statutory instrument or subsidiary legislation is expressly authorised to be issued”

Concurrence of Senate’s Resolution on Statutory Instruments

Whenever the Assembly receives a message from the Senate seeking concurrence to a resolution of the Senate, that a statutory instrument or part of a statutory instrument be annulled, the Senate resolution shall stand referred to the Committee on Delegated Legislation which shall consider the resolution, together with the statutory instrument and report to the Assembly within twenty one days of the referral;

Paragraph (3) of Standing Order 210 (Committee on Delegated Legislation) shall, with necessary modifications, apply to the consideration of the resolution under paragraph (1);

If the Assembly-

• agrees with the resolution of the Senate, the Clerk shall, by way of a message, inform the Clerk of the Senate and the relevant state department or the authority that published the statutory instrument, that Parliament has annulled the statutory instrument or part thereof and the instrument or part thereof shall, henceforth be void, but without prejudice to the validity of anything previously done there under, or the making of any new delegated legislation.
• fails to agree with the Senate resolution, the resolution shall be referred to a mediation committee and Standing Order 149(Mediation Committee) shall, with necessary modifications, apply.

Committee on Regional Integration

The Committee on Regional Integration is established pursuant to the provisions of S.O. No. 212 and is responsible for: –

• enhance the role and involvement of the House in intensification and development of the integration process in the East African Community and the greater African region;
• examine the records of all the relevant debates and resolutions of the meetings of the East African Legislative Assembly;
• examine the Bills introduced in the East African Legislative Assembly and Acts of the East African Community;
• examine the records of all the relevant debates and resolutions of the meetings of the Pan African Parliament, the African, Caribbean and Pacific-European Union Joint Parliamentary Assembly and other regional integration bodies;
• inquire into and examine any other matter relating to regional integration generally requiring action by the House.