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{
"id": 1415531,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415531/?format=api",
"text_counter": 276,
"type": "speech",
"speaker_name": "Garissa Township, UDA",
"speaker_title": "Hon. Dekow Mohamed",
"speaker": null,
"content": "As it has been said by both the Mover and the Seconder, fundamental issues have been raised. We have seen in the past some of the regulation-making authorities, mainly cabinet secretaries, publish certain regulations that have not gone through the legal processes. Those are some of the things that we are trying to address in this Bill. Some of the proposed amendments include fines levied against those making regulations."
},
{
"id": 1415532,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415532/?format=api",
"text_counter": 277,
"type": "speech",
"speaker_name": "Garissa Township, UDA",
"speaker_title": "Hon. Dekow Mohamed",
"speaker": null,
"content": "Going through the Act, I realised that the fine of Ksh20,000 and a maximum jail term of six months was not adequate enough to address those issues. Therefore, we have proposed a maximum fine of Ksh1,000,000 so that it becomes a deterrent for those making regulations to ensure that they bring them to the Committee on Delegated Legislation, and eventually, the House."
},
{
"id": 1415533,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415533/?format=api",
"text_counter": 278,
"type": "speech",
"speaker_name": "Garissa Township, UDA",
"speaker_title": "Hon. Dekow Mohamed",
"speaker": null,
"content": "The Bill also addresses a scenario where in the event that some of those regulations lapse and continue being in force, the House has the authority to declare them null and void and to address it to the public, and not necessarily to the regulation-making authority. The seven days given to the regulation-making authorities is adequate enough for them to bring the regulations to the House for deliberation. Anything that does not go through this House will be declared null and void."
},
{
"id": 1415534,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415534/?format=api",
"text_counter": 279,
"type": "speech",
"speaker_name": "Garissa Township, UDA",
"speaker_title": "Hon. Dekow Mohamed",
"speaker": null,
"content": "With those few remarks, I support the Bill. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor"
},
{
"id": 1415535,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415535/?format=api",
"text_counter": 280,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": " Hon. Murugara Gitonga."
},
{
"id": 1415536,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415536/?format=api",
"text_counter": 281,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I rise to support these very important proposed amendments. Allow me to commend the Committee on Delegated Legislation for its comprehensive Report which examines exactly what we are to do as regards the two types of statutory instruments."
},
{
"id": 1415537,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415537/?format=api",
"text_counter": 282,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": "The first proposal is an amendment to Section 11 of the Statutory Instruments Act which provides that where it comes to the attention of the committee that a cabinet secretary responsible for a regulation-making authority has failed to submit a statutory instrument in accordance with sub-section (1), the Committee may, by a resolution, require the cabinet secretary to publish a notice in the Gazette within seven days from the date of the resolution to the effect that the statutory instrument is a nullity, and to submit the notice to Parliament upon publication."
},
{
"id": 1415538,
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"text_counter": 283,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": "Regulation-making authorities should know that once they publish regulations, they are supposed to be submitted to the House and committed to the Committee on Delegated Legislation for purposes of approval. Failure to do so within seven days will mean that those regulations lapse and become a nullity."
},
{
"id": 1415539,
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"text_counter": 284,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": "Hon. Temporary Speaker, I do agree that the Committee on Delegated Legislation should have the power to make a resolution that requires either the cabinet secretary or any other regulation-making authority to publish the notice in the Gazette. As soon as this is done, that gazette notice ought to be submitted to the House. The House will take note of it and those regulations will actually come to an end. The next very important proposal is in Clause 9, whereby there is a proposal to amend Section 27 of the principal Act to provide as follows: “Any statutory instrument that was in operation and that would otherwise stand automatically revoked on any day before the commencement of this provision, shall continue to operate and to have effect as if the instruments had not been automatically revoked on that date.” This is extremely important for the reasons that would be explained to the House. Statutory instruments have a lifespan of 10 years. Sometimes, either out of inadvertence or for reasons beyond any control, including the House being on recess or any other reason that statutory instrument can actually lapse, this is called a saving provision in law. We now wish to put in a provision towards the end of the Statutory Instruments Act to make a saving that, when this lapsing operates by automatic effluxion of time, then it is saved by this provision that it would continue to operate automatically until such a date when it is either renewed or revoked. This is a very important saving provision. I do support it and support the proposed amendments. I urge the House to pass the law as proposed. I do support the Bill."
},
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"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": " Hon. Members, I want to recognise the presence, in the Public Gallery, of students from Kiurani Secondary School from Maara Sub-County, Tharaka Constituency, Tharaka Nithi County. I will give an opportunity to the Member of Parliament for Tharaka to say a word before we proceed."
}
]
}