Abstract:
Governance provides a framework for ethical decision-making and managerial action that is based on transparency, accountability, and defined roles. It is the way through which people, organizations, and governments work toward common objectives, make decisions, generate legitimate authority and power, and promote and protect human rights. Within the constitutional architecture of Kenya, it is only Parliament that is mandated to enact laws. However, the same constitution provides that Parliament may delegate or cede limited powers to the executive arm of government to make delegated legislations. This study, therefore, sought to determine the role of legal framework in the delegated legislation process in Kenya. A descriptive survey research design and positivism philosophy were adopted with the target population was 410 from the delegated legislation mandates in three arms of government, legislature, executive, and the judiciary. The study used stratified random sampling, purposive and simple random sampling was used to select the sample population, and the sample size was 202 respondents with the key mandate of delegated legislation determined by using Yamane's (1967) Formula. The primary data was collected by use of questionnaires and analyzed quantitatively using inferential analysis. Based on the multiple linear regression results, it was revealed that legal framework positively and significantly related with delegated legislation process in Kenya. The study thus recommends putting in place strategies, undertake a comprehensive study of the adequacy of the current law- the Statutory Instrument Act, 2013 to deal with these emerging realities with a view to amending it. It is further recommended that in reviewing the current law, comparative study be done with other jurisdiction with a view to finding out how the three arms of government may play their constitutional role (considering the principle of separation of powers) in delegated legislations. Further, it is further recommended that parliament must scrutinize all enabling laws that it enacts and ensure that it does not ‘over-delegate’ its powers to other arms of government. This could go a long way in ensuring there is improved delegated legislative process in Kenya.