Nairobi: The government has established a multi-sectoral committee tasked with reviewing outdated laws and statutory frameworks that conflict with the Constitution of Kenya 2010. This newly formed committee will be chaired by Christine Agimba, Chairperson of the Kenya Law Reform Commission (KLRC), and is set to evaluate statutes and subsidiary legislation that are inconsistent with court rulings.
According to Kenya News Agency, the inauguration of the committee in Nairobi saw Attorney General Dorcas Oduor outlining the committee’s mission. The team will focus on four critical areas: examining judicial decisions, assessing unconstitutional statutory provisions, identifying obsolete laws for repeal, and recommending measures to address legislative gaps.
Oduor emphasized that the committee would also analyze structural and policy gaps due to constitutional, judicial, and institutional developments, proposing legislative, policy, and administrative interventions, including amendments, repeals, consolidation, or new laws enactment.
“This committee is not just another administrative task force. It is envisioned as a seminal inter-institutional engine room designed to modernize Kenya’s legal architecture, protect constitutionalism and ensure our laws serve the contemporary public interest,” she stated.
The Attorney General highlighted a persistent governance gap resulting from statutes and statutory provisions invalidated by courts but remaining unamended or unaligned. She pointed out that these provisions create legal uncertainty, hinder government operations, expose the State to costly constitutional litigation, and delay justice delivery.
According to the AG, aligning Kenya’s laws with the Constitution will reduce unnecessary litigation, safeguard public resources, and create a more predictable legal framework.
KLRC Chairperson Christine Agimba disclosed that the commission identified 64 court decisions since 2014 that declared various statutory provisions unconstitutional. These decisions primarily relate to violations of constitutional principles like public participation, equality, political rights, and institutional independence.
Agimba further revealed that a preliminary analysis identified 42 statutes that might be obsolete but remain in effect. These include laws superseded by the Constitution, statutes establishing non-existent institutions, and laws concerning historical financial obligations.
The committee has invited public input on laws perceived as obsolete or redundant, with plans to subject the final report to public participation before submitting it to Parliament for consideration.
