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"id": 1415541,
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"content": "(Hon. (Dr) Robert Pukose spoke off record)"
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"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
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"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": "Member for? Why did they put Maara in Tharaka? Okay. Member for Endebess. There was a problem here in the manner in which it was presented. Yes, it is Tharaka, in Tharaka Nithi."
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"type": "speech",
"speaker_name": "Endebess, UDA",
"speaker_title": "Hon. (Dr) Robert Pukose",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I stand to support this Statutory Instruments (Amendment) 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"
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{
"id": 1415544,
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"type": "speech",
"speaker_name": "Endebess, UDA",
"speaker_title": "Hon. (Dr) Robert Pukose",
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"content": "This is a very important Bill. It is regularising those instruments or regulations that would have expired as per the initial law. I think it was an exercise in nullity, because regulations once created, they are supposed to operationalise the Act. When you have those Acts in place with dead regulations, what happens to the Acts, since they are the ones to operationalise? When you look at this Bill, it has made it tough for anybody to break the law. The fines have been enhanced from Ksh20,000 to Ksh1 million, or from six months to five years. It has also given time lines for which, once the regulatory body comes up with regulations, it has seven days after gazettement to make sure that those regulations are forwarded to Parliament. Parliament is the only body that is mandated by the Constitution to enact laws. Thus, it makes it very clear that within seven days, the body must submit regulations. It has also made it clear that if a law is annulled, then Parliament must put it in its website. That will inform more Kenyans to be informed about those regulations, whether in existence or not. With those few remarks, Hon. Temporary Speaker, I support."
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"id": 1415545,
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"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
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"legal_name": "Farah Maalim Mohamed",
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"content": " The Hon. (Dr) Nyikal, followed by the Member of Parliament for Marakwet West."
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{
"id": 1415546,
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"type": "speech",
"speaker_name": "Seme, ODM",
"speaker_title": "Hon. (Dr) James Nyikal",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I also stand to support this Bill. Let me reiterate what I said. This is an extremely important Bill. We had to move it ahead today, so that it is discussed this morning because we want it to be fast tracked it in the afternoon. It will be in the Committee of the whole House. Hon. Temporary Speaker, you can see the little time people have had to look at it. I said this and I will repeat it again that, if we continue with this kind of speed, the populace will lose faith in the House. That is a dangerous thing. Having said that, this Bill traces back the history of regulations to long time ago, when ministers were given authority to publish regulations and that was it. They then went into effect. Therefore, many regulations were made, with neither the people nor the House being aware of. Thus, giving them the power to make regulations that were part of law which our Constitution has abolished. It is important that we do that. It, therefore, calls that, if a cabinet secretary or whoever publishes the regulations fails to submit it within seven days, it will not work. It becomes a nullity. That is something that I will support so that just publishing it is not enough. It must come to Parliament. It also provides that when there is a feeling that some regulation should be exempted from the normal scrutiny, that should only be done by the House. I commend the Committee for realising that when you add the ‘they are exempting’, it means they are exempting themselves. Therefore, the House must take over and see why exemption is taking place. Once there has been an annulment of a regulation, people should know. The requirement that it must be in the parliamentary website and then be published by the cabinet secretary, that is at it should be. Hon. Temporary Speaker, maybe, you were not here in the morning. My argument was that Hon. Murugara was not quite keen on the main reason why we probably hurried clause 7 that is dealing with automatic revocation, so that there are a number of regulations that are nullified as they have not been reviewed. Therefore, they are automatically revoked. This one limit that that revocation should not be automatic and that it should be looked into. It is a reasonable thing to do. As I conclude and support, we must always give time for Members to understand Bills, participate and make amendments. Even if I wanted to make amendments, our Standing Orders prevents me from making amendments between now and 2.30 p.m. when it comes to the House. We should respect our own Standing Orders and not create situations which makes them inoperable. Thank you, Hon. Temporary Speaker. 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"
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"id": 1415547,
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"type": "speech",
"speaker_name": "Hon. Farah Maalim",
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"legal_name": "Farah Maalim Mohamed",
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"content": " Member of Parliament for Marakwet West. Hon. Timothy Toroitich. Where are you?"
},
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"speaker_name": "Marakwet West, Independent",
"speaker_title": "Hon. Timothy Toroitich",
"speaker": null,
"content": " I am here Hon. Temporary Speaker. Thank you for giving me an opportunity to contribute to this very important Bill. I wish to thank Hon. Chepkong’a for bringing this Bill. The Statutory Instruments Act was passed in 2013. However, there was a mischievous provision under that particular legislation providing for a lapse of the statutory instruments that are passed pursuant to that particular legislation after 10 years. When you read the parent Act, Section 27 provides that despite any provisions, regulations, order or notice, shall lapse after 10 years. What we are doing here is saving the lapse of certain provisions and elements of statutory instruments that were passed 10 years ago. This is a very important piece of amendment, so that we can save statutory instruments that were passed 10 years back. Under the parent Act, if a regulation-making authority is unable to submit a published statutory instrument within seven days to this House, then automatically that particular instrument will lapse. But what we are doing in this House under this particular amendment is saving that particular lapse by requiring the Committee to call for that particular instrument before it lapses. My major contribution to this issue is this: Parliament is a law-making body. I have always argued that we are giving another authority the power to make laws on behalf of Parliament. The Statutory Instruments Act of 2013 provides that whenever an instrument comes to this House, two things must happen: It either lapses or is passed in its entirety. Parliament, being a law-making body, has not been given the power under that particular Act to alter or amend a statutory instrument. Going forward, we must be able to review the entire Statutory Instrument Act to give Parliament the power to amend a statutory instrument. It is unfortunate that a particular statutory instrument comes from the Executive, this House looks at it in its entirety, but has no say on that particular document. It just looks at it and it has only two options: Either to pass it in its entirety or to revoke the same. I urge the Committee that is in charge of statutory instruments to retreat and think of a way that Parliament can be allowed to relook at a statutory instrument with a view of either amending it or introducing new provisions. Otherwise, it is taking away the law-making power and authority of this House. I submit, Hon. Temporary Speaker."
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"type": "speech",
"speaker_name": "Hon. Farah Maalim",
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"legal_name": "Farah Maalim Mohamed",
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"content": " Hon. Mutuse, followed by Hon. Beatrice Elachi."
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"speaker_name": "Kibwezi West, MCCP",
"speaker_title": "Hon. Mwengi Mutuse",
"speaker": null,
"content": " Thank you very much, Hon. Temporary Speaker. I will be very brief. First is to thank the Committee on Delegated Legislation, led by the very able Hon. Samwel Chepkong’a, for a job well done. They have done a good job in terms of listening to the public as required by Article 118 of the Constitution and incorporating the views of the public. Public participation is mandatory in law-making. Secondly, the principal object of the amendments to the Statutory Instruments Act, as stated in the objective clause of the Bill, is to align the Statutory Instruments Act to the Constitution and particularly to Article 94(5) of the Constitution, which requires that no person or body, other than Parliament, has the power to make provision having the force of law in Kenya. Therefore, the exclusive mandate of law-making is conferred by the Constitution on Parliament. Parliament would recall, and Kenyans also know, that there have been many bodies in this country that have been publishing regulations and other statutory instruments without the approval of Parliament. Making it mandatory to align with the Constitution that you cannot have a statutory instrument, be it regulations or circulars, that have the force of law without the approval of Parliament is in itself very progressive. 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"
}
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