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"id": 1415551,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415551/?format=api",
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"type": "speech",
"speaker_name": "Kibwezi West, MCCP",
"speaker_title": "Hon. Mwengi Mutuse",
"speaker": null,
"content": "It is absurd to have a time requirement for the expiration of regulations. Under Section 27 of the current Statutory Instruments Act, regulations are given a lifespan of 10 years. One would wonder why the regulations would expire when the parent Act is still in operation. Therefore, it is progressive to remove that requirement so that once the regulation is passed, it does not expire after 10 years, but have the lifetime of the parent Act. Just like any other ordinary legislative process, if there is a need to review, then Parliament or the statutory instrument-making authority, be it the Cabinet Secretary or any other, can propose amendments for purposes of revising the regulations. As it stands and as has been explained by the Committee, about 1,500 regulations that were made 10 years ago were to expire on 24th January this year. That would cause a legal lacuna that would occasion a lot of problems in the country. A lot of illegalities and irregularities would be committed by the bodies that enforce those regulations if the regulations are not saved in the manner that has been proposed by the Committee to be given the force of law. I, therefore, fully support the Committee’s proposal to give life to the 1,500 regulations that were to expire earlier this year. Although it may appear to be retrospective, I think it is justified. With that, I beg to support."
},
{
"id": 1415552,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415552/?format=api",
"text_counter": 297,
"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. Elachi."
},
{
"id": 1415553,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415553/?format=api",
"text_counter": 298,
"type": "speech",
"speaker_name": "Dagoretti North, ODM",
"speaker_title": "Hon. Beatrice Elachi",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I rise to also support. The Statutory Instruments (Amendment) Bill provides rules for the making and revocation of statutory instruments that are made directly or indirectly under any Act of Parliament or other written legislation. The Bill simply provides how to align regulations. Regulations guide any cost to citizens or any other institution. Therefore, you have to have regulations for guidance. Just the other day, the President assented to the Affordable Housing Bill. We need regulations not only to guide the process on how those houses are built, but also to ensure quality and fair ownership. Without regulations, it will be very difficult. The other thing is that the Bill helps in terms of content. When passing an Act, you have to always ask yourself how to ensure the Act does the things that you need it to do. The regulations come in to implement the Act. Clause 4 of the Bill seeks to amend Section 14 of the Act to provide that, where the Committee recommends an exemption of any statutory instruments for scrutiny, then the exemption may only be done subject to the approval by the House. This is where most of the time we have had challenges as Parliament. There is an Act that is explicit and explains everything that needs to be done, but then any parastatal or institution makes its own decisions. That is what happened in the last regime. That is why many regulations came back to this House to be quashed. When we quashed the ones for tea, we did not remember that we took the industry back to the old regulations. As we pass this Bill, I hope that we are going back to look at each and every regulation. We need to guide each sector to have clear regulations according to their needs. If there are regulations that have been drafted by any institution and have not been passed by this House, they need to be brought before the Committee so that they can be looked into properly. We need to pass them in the House. Hon. Temporary Speaker, it is also important for us to look at the regulations that our ministries are using. Kenyans do not really understand those statutory instruments. They need to know that whenever an Act of Parliament is passed, there are regulations that guide it. Those regulations provide the explanation. For instance, as Small and Medium-sized Enterprises (SMEs), how well do you understand the laws? I beg to support."
},
{
"id": 1415554,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415554/?format=api",
"text_counter": 299,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
},
"content": " Is Hon. Makilap in the House? I see his name here. What about Hon. Abraham Kirwa? He is also not in? Hon. Fabian Muli."
},
{
"id": 1415555,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415555/?format=api",
"text_counter": 300,
"type": "speech",
"speaker_name": "Kangundo, GDDP",
"speaker_title": "Hon. Fabian Muli",
"speaker": null,
"content": " Thank you very much, Hon. Temporary Speaker, for giving me the opportunity. From the onset, I support the Bill. This Bill seeks to 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": 1415556,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415556/?format=api",
"text_counter": 301,
"type": "speech",
"speaker_name": "Kangundo, GDDP",
"speaker_title": "Hon. Fabian Muli",
"speaker": null,
"content": "align the provisions of 2013 to today's societal norms. It is true that Kenya is among the top countries with many laws, legislation and policies, but implementation of the same remains ambiguous. It is the duty of Government departmental agencies to audit the regulations and policies they are using so as to align them to their activities. There are many laws in this country that have not been effected because of the words that are used. Up to date, there are regulations that still talk about ministers. Others talk about “departments” which were changed to “authorities”. It is the mandate of Government departmental agencies to make sure that the laws that are being used are up-to-date. They should submit those regulations to parliamentary committees to ensure they are relevant. We are proposing to go through the statutory instruments every year to make sure they are timely and effective. This House does not just make laws that punish people, but it also comes up with laws that improve the economy. It the duty of this House to make sure that the laws that have come to a nullity align to the instruments of today. I support this Statutory Instruments (Amendment) Bill (National Assembly Bill No. 3 of 2024). The Committee on Implementation has to ensure that all the laws that are passed in this House are up to date so that the society moves to a modern economy. Thank you very much, Hon. Temporary Speaker."
},
{
"id": 1415557,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415557/?format=api",
"text_counter": 302,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
},
"content": " Hon. (Dr) Wilberforce Oundo."
},
{
"id": 1415558,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415558/?format=api",
"text_counter": 303,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I rise to support the proposed amendments to the Statutory Instruments (Amendment) Bill, (National Assembly Bill No.3 of 2024). This Bill has been long overdue. I sat in the Committee on Delegated Legislation in the last Parliament, and we grappled with this issue for many years. Firstly, preparing statutory instruments is a lengthy and costly process. The requirement that statutory instruments should lapse after 10 years was becoming extremely expensive and onerous on statutory instruments-making authorities. This is what probably informed the decision to amend Section 27 of the Act as contained in Clause7 of this particular Bill. As my colleagues have clearly put it, if an Act is still in existence, why would the regulations be amended? This should not be the case unless there are material facts that have emerged in the implementation of the Act that require to be amended. Therefore, we should give room to the existing statutory instruments. They should remain in operation until the regulatory making authority finds it necessary to make the amendments. I am a bit uncomfortable with the provisions of Clause 3. I would probably require further understanding on that. It provides that Section 12 of the Principal Act is amended by deleting Sub-section (3). Sub-section (3) deals with the provisions of Sub-section (1) which says: “Shall not apply to any rules, regulations and orders emanating from a court of competent jurisdiction in Kenya’’. The import of deleting that particular clause is that any rules and regulations affecting the conduct of court process will be subject to the Statutory Instrument Act. That was never the spirit because the courts of law are independent as provided for in the Constitution. Therefore, unless there is any other explanation, we should tread carefully not to impugn on the independence of the Judiciary. That is what I want to challenge. I want to take it back to the Departmental Committee on Justice and Legal Affairs and the Committee on Delegated Legislation to have a sober reflection on the same. We could be treading on dangerous grounds. Hon. Temporary Speaker, I think this is the opportune time to relook at the regulatory- making process. When the regulations come to the National Assembly, they are only annulled on two or three accounts. Firstly, was there adequate public participation? If there was none, they stand annulled automatically. Secondly, was there a regulatory memorandum? If it was not there, they stand annulled. However, as the law stands, the Committee has no powers to amend, review or make suggestions to the published statutory instrument unless it is done at 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": 1415559,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415559/?format=api",
"text_counter": 304,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "pre-publication scrutiny when the Committee interacts with the regulations. The regulatory- making authority has the choice of taking the counsel of the Committee or not. I would urge that the Committee or the Mover, together with the Departmental Committee on Justice and Legal Affairs, relook at those provisions to open them up. They should ensure that even after publication, the Committee mandated to handle the matter can review the regulations and, if anything is found to be onerous or too punitive to the common"
},
{
"id": 1415560,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1415560/?format=api",
"text_counter": 305,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "mwananchi"
}
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