Delegated legislation is also referred to as sub-ordinate, indirect or subsidiary legislation. It is law
making by parliament indirectly. These are by-laws, orders, rules, regulations, proclamation,
made by subordinate competent bodies for example local authorities, professional bodies, government
ministers and statutory bodies in exercise of delegated legislative power conferred upon them by
parliament through an enabling or parent Act.
By-laws are operational within the administrative area of a local authority. Ministers, statutory
boards and professional bodies make rules, regulations, orders or proclamations.
Characteristics of delegation legislation
(i) All delegated legation is made under the express authority of an Act of parliament.
(ii) It is a written source of law of Kenya.
(iii) Delegated legislation must be consistent with the enabling or parent Act.
(iv) It must be published in the Kenya Gazette before coming into force.
Advantages of delegated legislation
(i) Compensation of lost parliamentary time.
Since members of parliament are generally busy, law making time not made use of by
parliament is made use of by the delegates when they make law.
(ii) Speed.
If law is urgently required, the same may be made by a Governmental Minister or
Professional body delegates are responsive to urgent needs.
(iii) Flexibility.
It is relatively easy to make and unmake delegated legislation. Delegates are not generally
generally subjected to rigid and binding procedures.
(iv) Technicality of subject matter.
By delegating legislative power, rules and regulations are made by experts in the particular
field. Delegates are free to consult experts on various issues.
Disadvantages
(i) Less democratic: delegated legislation is not as democratic as statute law as it is not
always made by representatives of the people.
(ii) Difficult to control: neither parliament nor court of law can effectively control
delegated legislation.
(iii) Inadequate publicity: delegated legislation receives minimal publicity and in most cases
the rules or regulations are unknown.
(iv) Sub-delegation and abuse of power: delegates often sub-delegate law making power
to other persons. This compounds to problem of control and may lead to abuse of power by
the sub-delegate.
(v) Detail and technicality: Rules or regulations made by professional bodies or experts
are often detailed and technical for the comprehension of ordinary citizens.
maurice.mutuku answered the question on May 1, 2018 at 13:40
-
Examine the rights and duties of a holder of a bill of exchange.
(Solved)
Examine the rights and duties of a holder of a bill of exchange.
Date posted:
May 1, 2018
.
Answers (1)
-
In what circumstances may the High court set aside an arbitral award?
(Solved)
In what circumstances may the High court set aside an arbitral award?
Date posted:
May 1, 2018
.
Answers (1)
-
What is the importance of stare decisis in the doctrine of precedent?
(Solved)
What is the importance of stare decisis in the doctrine of precedent?
Date posted:
May 1, 2018
.
Answers (1)
-
Explain the legal principles applicable where B entered into C's land to recover a time rabbit which belonged to B's children.
(Solved)
Explain the legal principles applicable where B entered into C's land to recover a time rabbit which belonged to B's children.
Date posted:
May 1, 2018
.
Answers (1)
-
Indicate the ways in which the tort of conversion may be committed.
(Solved)
Indicate the ways in which the tort of conversion may be committed.
Date posted:
May 1, 2018
.
Answers (1)
-
Distinguish between Legal interests and equitable interests.
(Solved)
Distinguish between Legal interests and equitable interests.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the principle of “Res Ipsa Loquitur” (The thing speaks for itself).
(Solved)
Explain the principle of “Res Ipsa Loquitur” (The thing speaks for itself).
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the rights and duties of the owner of goods in a hire-purchase agreement.
(Solved)
Explain the rights and duties of the owner of goods in a hire-purchase agreement.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the duties of an agent to his principal.
(Solved)
Explain the duties of an agent to his principal.
Date posted:
April 30, 2018
.
Answers (1)
-
Distinguish between a company limited by shares and a company limited by guarantee.
(Solved)
Distinguish between a company limited by shares and a company limited by guarantee.
Date posted:
April 30, 2018
.
Answers (1)
-
Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director...
(Solved)
Hassan Payuka is the proprietor of Parrot Daily Newspaper which published an article
two weeks ago to the effect that Mrs. Rose Brown the managing director of Child Welfare Organisation had embezzled, Sh. 5 million from the organization to purchase a
private residential house for herself and family. Investigations have revealed that Mrs.
Rose Brown bought the house out of a loan of Sh. 6 million advanced to her by East
Bank and secured on the house. Mrs. Rose Brown is aggrieved and seeks your legal
advice.
Advise her.
Date posted:
April 30, 2018
.
Answers (1)
-
State the rule in Rylands -vs- Fletcher and explain the exceptions to that rule.
(Solved)
State the rule in Rylands -vs- Fletcher and explain the exceptions to that rule.
Date posted:
April 30, 2018
.
Answers (1)
-
Explain the meaning of the term “Co-ownership” and state the ways in which co-ownership may be terminated.
(Solved)
Explain the meaning of the term “Co-ownership” and state the ways in which co-ownership may be terminated.
Date posted:
April 28, 2018
.
Answers (1)
-
Define the term “delegated legislation” and discuss its advantages and disadvantages.
(Solved)
Define the term “delegated legislation” and discuss its advantages and disadvantages.
Date posted:
April 28, 2018
.
Answers (1)
-
What are the advantages and disadvantages of judicial precedent?
(Solved)
What are the advantages and disadvantages of judicial precedent?
Date posted:
April 28, 2018
.
Answers (1)
-
Define the term “domicile” and citing examples, explain three types of domicile.
(Solved)
Define the term “domicile” and citing examples, explain three types of domicile.
Date posted:
April 28, 2018
.
Answers (1)
-
Discuss the ways in which a person can lose ownership.
(Solved)
Discuss the ways in which a person can lose ownership.
Date posted:
April 28, 2018
.
Answers (1)
-
Differentiate between Statute law and judicial precedent.
(Solved)
Differentiate between Statute law and judicial precedent.
Date posted:
April 28, 2018
.
Answers (1)
-
Kate delivered her clothes to Mary for repair and paid for the work in advance. It was agreed
that Mary would deliver the clothes to Kate's...
(Solved)
Kate delivered her clothes to Mary for repair and paid for the work in advance. It was agreed
that Mary would deliver the clothes to Kate's house upon repair. However,
Mary did not take the clothes back as agreed and in the process they were stolen when a burglar
broke into Mary's premises. With reference to the above facts, highlight Mary's
liability, if any.
Date posted:
April 28, 2018
.
Answers (1)
-
Explain the validity of a contract entered into by Rita, aged 16 years with Mrs. Bwisa Nyutu, a taxi driver to visit her mother...
(Solved)
Explain the validity of a contract entered into by Rita, aged 16 years with Mrs. Bwisa Nyutu, a taxi driver to visit her mother in hospital.
Date posted:
April 28, 2018
.
Answers (1)