This article highlights functions of the Kenya Law Reform Commission (KLRC). KLRC was established in 1982 through the enactment of the Law Reform Commission Act (Chapter 3 of the laws of Kenya).
The mandate of the commission as set out in Section 3 of the Act is to keep under review all the law of Kenya to ensure its systematic development and reform, including the integration, unification and codification of the law, elimination of anomalies, repeal of obsolete and unnecessary enactments and its simplification and modernization.
KLRC draws its current legal mandate from three primary instruments of governance which inform its establishment, structure and operations. The said instruments are the Law Reform Commission Act (Cap 3), the State Corporations Act (Cap 446) and the Constitution of Kenya 2010.
Here are functions of the Kenya Law Reform Commission.
1. To keep under review all the law and recommend its reform to ensure;
- that the law conforms to the letter and spirit of the constitution
- that the law is among others, consistent, harmonized, just, simple, accessible, modern and cost effective in application
- that the law systematically develops in compliance with the values and principles enshrined in the constitution
- keep the public informed of review or proposed reviews of any laws and keep updated data of all laws passed and reviewed by parliament
- the respect for and observance of treaty obligations in relation to international instruments that constitute part of the law of Kenya by virtue of Article 2(5) and (6) of the constitution
2. To provide advice, technical assistance and information to the national and county governments with regard to the reform or amendment of a branch of the law.
3. To work with the Attorney General and the Commission for the Implementation of the Constitution in preparing for tabling, in parliament , the legislation and administrative procedures required to implement the constitution.
4. To undertake research and comparative studies relating to law reform upon request or on its own motion.
5. To formulate and implement programmes, plans and actions for the effective reform of laws and administrative procedures at national and county government levels.
6. To consult and collaborate with state and non state organs, departments and agencies in the formulation of legislation to give effect to the social, economic and political policies for the time being in force.
7. To formulate by means of draft bills or any proposals for reform of national or county government legislation.
8. Advise the national or county governments on the review and reform of their legislation.
9. To undertake public education on matters relating to law reform
10. Perform any other functions as may be prescribed by the Constitution or any other written law.
