Urgent Update Required: The Impact Of Expired Regulations On Kenya’s Governance And Public Services

By Steve Biko Wafula / Published February 5, 2024 | 5:29 pm



Kenya

In Kenya, as in any democratic society, adherence to the law by political leadership is fundamental to the stability and functionality of the state. Laws, such as the now-expired regulations covering a wide array of sectors, provide a framework for accountability, transparency, and order. Without these laws, the vacuum created could lead to the erosion of trust in public institutions, which is essential for the legitimacy of the government. When political leaders follow the law, they set a standard for citizens, promoting the rule of law and encouraging civic responsibility.

Moreover, the lapse of critical regulations can have direct negative impacts on the country’s governance and public services, as seen in the expired statutes ranging from electoral oversight to public health and safety. The law not only provides structure to political processes but also protects the rights and freedoms of individuals, ensuring that public resources are managed effectively and equitably. The Kenyan political leadership must, therefore, act swiftly to reinstate and update these regulations, thereby reinforcing the legal foundations that support the nation’s progress and uphold the social contract between the government and its people.

Read Also: Why Democracy Struggles In Africa: Examining Weak Institutions, Corruption, And Lack of Political Will

Resolutions

Electoral Oversight at Risk

With the expiration of the Elections (Voter Education) Regulations, there’s a potential gap in the standardization of voter education. This could impact the fairness and transparency of future elections. A swift reintroduction of updated regulations is crucial to safeguard the electoral process.

Read Also: The Stinking Filthy Have No Right To Demand That President Ruto Fights Corruption In Kenya

Academic Integrity in Jeopardy

The charters of key universities like the University of Nairobi have lapsed, potentially affecting their autonomous governance and ability to grant degrees. Immediate action to renew these charters will preserve academic credibility and ensure that the universities continue to operate without legal hindrances.

Public Service Remuneration Uncertainty

The lapse of the Salaries and Remuneration (Remuneration and Benefits of State and Public Officers) Regulations may lead to inconsistencies in public servant pay. This requires prompt reinstatement to maintain morale and attract talent in public service.

Legal Education and Accreditation in Limbo

The Council of Legal Education (Accreditation of Legal Education Institutions) Regulations’ expiration endangers the quality control of legal education, possibly affecting future legal professionals’ qualifications. Revising and renewing these regulations will uphold the standard of legal training.

National Security Vetting Void

The lapse of national police vetting regulations compromises the oversight of police integrity. Reinstating these regulations will be vital to ensure that the vetting process continues to uphold the rule of law and public trust in security forces.

Healthcare and Food Safety Oversight Reduced

The expiration of regulations such as the National Hospital Insurance Funds Act and the National Cereals and Produce Board (Exportation of Maize) regulations removes critical oversight mechanisms in health and food safety, which could lead to quality and accountability issues. Re-establishing these regulations should be prioritized to protect consumers and patients.

Communication and Transportation Gaps

With the Kenya Information and Communication (Licensing and Quality of Service) and National Transport and Safety Authority (Operation of Public Service Vehicles) regulations expired, there’s a vacuum in the oversight of critical infrastructure and services. Immediate renewal is essential to ensure quality and safety in these sectors.

Economic and Financial Regulations Halted

The absence of anti-money laundering and anti-corruption regulations may lead to a rise in illicit activities. Reinstituting these regulations is crucial for the economic stability and international credibility of Kenya.

In summary, the expiration of these regulations presents significant challenges across various sectors in Kenya. The respective authorities must act swiftly to review, update, and reinstate these regulations to avoid legal vacuums, ensure the smooth operation of services, and maintain public trust in the institutions that govern and serve them.

Read Also: Public Sector Corruption Among The Most Disruptive Economic Crimes In East Africa




About Steve Biko Wafula

Steve Biko is the CEO OF Soko Directory and the founder of Hidalgo Group of Companies. Steve is currently developing his career in law, finance, entrepreneurship and digital consultancy; and has been implementing consultancy assignments for client organizations comprising of trainings besides capacity building in entrepreneurial matters.He can be reached on: +254 20 510 1124 or Email: info@sokodirectory.com

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