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{
    "id": 1016102,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1016102/?format=api",
    "text_counter": 129,
    "type": "speech",
    "speaker_name": "Sen. Wamatangi",
    "speaker_title": "",
    "speaker": {
        "id": 646,
        "legal_name": "Paul Kimani Wamatangi",
        "slug": "paul-kimani-wamatangi"
    },
    "content": "(2) The National (Defects Liability) Regulations 2020 were in operation despite the provisions of Section 42 (3) of the National Construction Authority Act. The Committee also observed that those regulations were not transmitted to Parliament for consideration, contrary to Section 11 (1) of the Statutory Instruments Act (No. 23 of 2013), which obligates that every Cabinet Secretary (CS) responsible for a regulation making authority will transmit a copy of the Statutory Instrument to the responsible Clerk within seven days after publication. Mr. Speaker, Sir, the seven sitting days lapsed on 26th May, 2020 for the Senate, and 11th June, 2020 for the National Assembly. We also observed that the same regulations on Statutory Instruments require that each Statutory Instrument be considered on its own, and not be combined with any other in order to avoid confusion to stakeholders, so that adequate input is given to each Statutory Instrument. The Committee observed that the implementation of the National Construction Authority (Defects Liability) Regulations, 2020 was rushed and not subjected to a meaningful public participation, contrary to Article 10 of the Constitution, Section 42 (3) of the National Construction Authority Act of 2011 and Sections 5, 6 and 11(1) of the Statutory Instruments Act, No.23 of 2013. Mr. Speaker, Sir, the Committee then made the following recommendations: - (1) That the Cabinet Secretary, Ministry of Transport, Infrastructure and Housing withdraws the operationalization of the National Construction Authority (Defects Liability) Regulations, 2020 for failing to meet the legal threshold of Sections, 5, 6 and 11(1) of the Statutory Instruments Act, No.23 of 2013. (2) The Committee recommended that the National Construction Authority initiates a fresh process for public participation to ensure that the process will be all- inclusive, adequate and specific to the National Construction Authority (Defects and Liability) Regulations, 2020. In conclusion, in order for the recommendations by the Committee to be actionable, the Committee resolved to table a report to this House, which was done earlier in this Sitting. In summary, the Report that has been tabled will be coming substantively to this House. I believe that the necessary debate and discussion will ensue and Members will be informed of the process that we will then pursue to correct that anomaly. Thank you, Mr. Speaker, Sir."
}