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{
"id": 1549182,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549182/?format=api",
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"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
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"content": "Mr. Speaker, Sir, why is it that on all matters that are pro-Government, courts are quick to issue injunctions, and we are Kenyans? Courts do not exist in isolation. We must question them. We are funding them. We gave them Ksh20 billion through appropriation the other day. Why are the courts quick to issue injunctions on Government programmes? I have tremendous respect for the Chief Justice. She should come and tell us the reasons they are issuing temporary injunctions against the Government programmes. She can tell us that it is because of X, Y, Z. Colleagues, this is one way of preventing a lot of litigations and litigious court process. That is what interests us. We are a law making House and we have just passed the County Government Additional Allocations Bill (Senate Bills No.1 of 2025). I am happy that Nandi County will this afternoon, under conditional grants and loans, get Kshs486 million. That is tremendous. The sad reality is that this money will never give value. I know my neighbour, Sen. Osotsi, knows there is nothing going on in Nandi County, except that it has become the headquarters of corruption. It is in Nandi County where the Governor uses Kshs48.2 million to hire vehicles. You wonder why a government should buy vehicles then go for car hire services. It does not make sense. This is how we are destroying devolution. We sat here to deliberate and ensure that our counties get enough resources. This is one of the National Dialogue Committee (NADCO) Bills. I have not seen Sen. Omogeni and neither have I seen the other Senators who were in the NADCO. Maybe, Sen. Ogolla has some information. However, the Senate Minority Leader is here. The Senate Minority Leader who is also the Deputy Leader of the Orange Democratic Party should allow me to tell him this. We should discuss and pass a law that fights corruption."
},
{
"id": 1549183,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549183/?format=api",
"text_counter": 1109,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
},
"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1549184,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549184/?format=api",
"text_counter": 1110,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
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"content": "Nandi County has got Kshs486 million today, but when you go to the ground, you do not see anything. The only thing my Governor is doing is demolitions in Kapsabet Town. He is throwing women out. Sen. (Dr.) Oburu knows Kapsabet and he should know that the market he used to talk to me about has been demolished by the Governor. In fact, Sen. Orwoba should be raising her voice against women being thrown on the streets in Kapsabet and Namgoi towns. I want to hear the voice of Sen. Orwoba on this issue, because this is femicide."
},
{
"id": 1549185,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549185/?format=api",
"text_counter": 1111,
"type": "speech",
"speaker_name": "Sen. Cherarkey",
"speaker_title": "",
"speaker": {
"id": 13217,
"legal_name": "Cherarkey K Samson",
"slug": "cherarkey-k-samson"
},
"content": "How to you define a case where one destroys the place where women sell their wares in Kapsabet and Namgoi towns? How do you define a situation where one throws them on the streets to a point where they cannot feed their children? Is Governor Sang not committing femicide? Why throw women on the streets? Mr. Speaker, Sir, this is a sad reality that we must fight. I call upon the House leadership, under the guidance of President William Ruto and Raila Odinga, to look into how to deal with corruption in counties. Taifa Leo, on Sunday, reported of counties where money is lost through payroll and one of the counties that featured in that report was Nandi County. In Nandi County, you will find that the Governor has almost 300 workers. There are people who carry his seats, microphones, mobile toilets, carpet, Bible, pens and even those who carry his concubines. Mr. Speaker, Sir, we cannot work very hard to create demigods and gods in our counties. I want to challenge the Senate Minority Leader who is holding forte on behalf of NADCO issues. They should bring a Bill on corruption in counties. He cannot work hard over here to send money to the county just to go to some village in Magarini, Kilifi County, and find that poverty is walking around like a human being. We have water flowing less than one kilometer from Garissa Town, yet people cannot access clean and safe water. That cannot be. It cannot be that we have pools deeper than dimples in Nairobi City County. Mr. Speaker, Sir, I support. Let us fast-track these NADCO Bills. We are solidly behind President William Ruto and Rt. Hon. Raila Odinga. We are moving into a broad- based Government and ensuring that we move this country forward. With those many remarks, and with the smile of the Senate Minority Leader, I beg to support."
},
{
"id": 1549186,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549186/?format=api",
"text_counter": 1112,
"type": "speech",
"speaker_name": "Sen. Osotsi",
"speaker_title": "",
"speaker": {
"id": 13588,
"legal_name": "Osotsi Godfrey Otieno",
"slug": "osotsi-godfrey-otieno"
},
"content": "Thank you, Mr. Speaker, Sir, for giving me the opportunity to also make my contribution to this very important Bill, The Statutory Instruments (Amendment) Bill (Senate Bills No.10 of 2024). Mr. Speaker, Sir, this Bill is timely and long overdue. This is because it seeks to define in law that those who make regulations have up to 12 months to enact them when an Act of Parliament is passed. Statutory instruments are very important. They are the regulations which Ministries, the Executive or even Judiciary come up with to implement the provisions of the Act of Parliament that we pass. We know that we cannot put everything in an Act of Parliament. That is why, as a standard, we always create room for making regulations. With those regulations, the respective Government ministries or departments can come up with specific regulations"
},
{
"id": 1549187,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549187/?format=api",
"text_counter": 1113,
"type": "speech",
"speaker_name": "Sen. Osotsi",
"speaker_title": "",
"speaker": {
"id": 13588,
"legal_name": "Osotsi Godfrey Otieno",
"slug": "osotsi-godfrey-otieno"
},
"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1549188,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549188/?format=api",
"text_counter": 1114,
"type": "speech",
"speaker_name": "Sen. Osotsi",
"speaker_title": "",
"speaker": {
"id": 13588,
"legal_name": "Osotsi Godfrey Otieno",
"slug": "osotsi-godfrey-otieno"
},
"content": "to manage various issues. In the past, we have seen problems. This is because we pass laws, but we do not see any regulations formulated or enacted to implement various provisions of that law several years down the line. These statutory instruments have been misused in this country. This is because some of these statutory instruments have been formulated without following the law. We have seen some laws being developed, either in writing or in action, without the input of Parliament. That goes against Article 95(5) of the Constitution. That article states that no person or body, other than Parliament, has the power to make provision having the force of law in Kenya, except under authority conferred by the Constitution or legislation. We have seen ministries make regulations which are not provided for in law. As we talk about putting a timeline under which these departments or ministries will be able to come up with the regulations, we also have to ask ourselves if there are regulations which are contravening the law. I will give you one example. All private parking areas charge parking fees without following any law. If you go to a supermarket and stay there for five minutes, they will charge you money. Where is this money going to? Where is the law that requires that private entities charge or tax people through parking fees? This is an issue that Parliament must look at. There are many other things which are happening outside there, which are not documented in regulations and people are profiting from these things without following the law. Mr. Speaker, Sir, we also have to appreciate the need for having regulations. As stated, it is because we cannot have everything in an Act of Parliament. We have to create space for the implementers of the Act of Parliament to also implement those Acts of Parliament by coming up with the regulations. However, we have to express our discomfort that many of the laws that we pass are not implemented because the regulations are not formulated and enacted. I know my colleagues here have talked about various pieces of legislation which are not supported by the regulations. For example, for a long time, before the Sugar Act, was repealed initially, we had a lot of issues in the sugar industry; issues that could be resolved through regulations. However, every time you ask why this issue has not been addressed, you are told that the Ministry of Agriculture has not come up with regulations. As a result, farmers have suffered for a long time. We have other legislations that we have passed in this House which are not supported by the relevant regulations. For example, the Computer Misuse and Cybercrime Act, which we passed this law. I know some parts of it was opposed in court, but large sections of this law have not been implemented because there are no regulations. For example, on the issue of regulations around the matter of critical systems, we do not have regulations around it. Therefore, people continue to profit from crimes around cybercrime because there are no regulations to support it. Mr. Speaker, Sir, we still have so many aspects of the Data Protection Act which are not implemented because the regulations are not there. Even as we talk about regulations, let us also talk about how long these regulations can be in place."
},
{
"id": 1549189,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549189/?format=api",
"text_counter": 1115,
"type": "speech",
"speaker_name": "Sen. Osotsi",
"speaker_title": "",
"speaker": {
"id": 13588,
"legal_name": "Osotsi Godfrey Otieno",
"slug": "osotsi-godfrey-otieno"
},
"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
},
{
"id": 1549190,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549190/?format=api",
"text_counter": 1116,
"type": "speech",
"speaker_name": "Sen. Osotsi",
"speaker_title": "",
"speaker": {
"id": 13588,
"legal_name": "Osotsi Godfrey Otieno",
"slug": "osotsi-godfrey-otieno"
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"content": "We know that the Statutory Instrument Act provides for a period of 10 years. After ten years, it must come back to Parliament and seek extension of that period. This is important because laws and environment change. When the laws change, the regulations should also change. For instance, we have regulations which were enacted before the Constitution of Kenya 2010. Those regulations need to be repealed so that they align to the new Constitution of Kenya 2010. So, the 10-year period of expiry is important. Recently, Mr. Speaker, Sir, we had about 1,700 pieces of regulations which had expired and which Parliament passed to extend their period for another 10 years. So, this expiry period in the regulation must be monitored continuously, so that we do not have a situation like what we had in 2013, where this huge number of regulations expired and they affected so many operations in the Government. Mr. Speaker, Sir, the making of regulations should be done in a proper process in this House, as per Article 94 (6) of the Constitution, which requires that there must be a clear objective of having those regulations. There must be a clear scope and limit of authority of those regulations. In addition, the alternatives must also be specified. The effect must also be indicated. Most of the regulations do not abide by the standards which have been set up in Article 94(6) of the Constitution. I therefore encourage the relevant Committee of Delegated Legislation that such regulations should not see the light of the day. They should be annulled because they are unconstitutional and may lead to some form of punishment to the people without approval of Parliament as per Article 94 of the Constitution. Mr. Speaker, Sir, it is also important to know that even Gazette notices that are issued by various government institutions, including the Executive Order, are supposed to be subjected to Parliamentary scrutiny. They are supposed to be processed by delegated legislation. I do not know how many Executive Orders have come to this House to be processed. I do not think any has come. It is important that the authority to make the law remains the preserve of Parliament. If we allow Cabinet Secretaries or even the President to make regulations through Gazette notices or Executive Orders, we will be taking away the powers of Parliament to make law as per Article 94 of the Constitution. Mr. Speaker, Sir, even as we talk about this, the regulations must be processed through public participation. We have seen cases where regulations are gazetted without any input from the public. This is unconstitutional. Sometimes, when the Committee is not able to do it in time, these regulations are implemented and yet they have not met the minimum standards, including public participation. This is an unconstitutional process, including compliance to Article 94(6) of the Constitution. The Committee should be alert so that such regulations do not see the light of the day, because Kenyans need to be protected from some excesses since some of these regulations may impose a huge cost on Kenyans. This way, we will be able to deal with them beforehand."
},
{
"id": 1549191,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1549191/?format=api",
"text_counter": 1117,
"type": "speech",
"speaker_name": "Sen. Osotsi",
"speaker_title": "",
"speaker": {
"id": 13588,
"legal_name": "Osotsi Godfrey Otieno",
"slug": "osotsi-godfrey-otieno"
},
"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}
]
}