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{
"id": 1018962,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1018962/?format=api",
"text_counter": 32,
"type": "speech",
"speaker_name": "Sen. Faki",
"speaker_title": "",
"speaker": {
"id": 13211,
"legal_name": "Mohamed Faki Mwinyihaji",
"slug": "mohamed-faki-mwinyihaji-2"
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"content": "Madam Deputy Speaker, at the sitting of the Senate held on 21st April, 2020, the Senate Deputy Leader of the Majority laid on the Table of the Senate: The Public Health Declaration of Formidable Epidemics Disease Order, 2020; the Public Health Prevention, Control and Suppression of Covid-19 Rules, 2020; the Public Health Covid-19 Restriction of Movement of Persons and Related Measures, 2020. Annexed to the letter were Public Health Covid-19 Restriction of Movement of Persons and Related Measures Orders in respect of the Nairobi Metropolitan area; the Mombasa County and Kwale County. These Rules and Orders are referred to in this Statement as the Covid-19 Regulations. As the Sessional Committee on Delegated Legislation was yet to be constituted at that time, the hon. Speaker of the Senate committed the Covid-19 Regulations to the Standing Committee on Justice, Legal Affairs and Human Rights for its consideration, pursuant to Section 12 of the Statutory Instruments Act, Act No.23 of 2013 and the Senate Standing Orders. Madam Deputy Speaker, the Committee commenced scrutiny of the Rules and Orders immediately and on 22nd April, 2020, published an advertisement in two newspapers with national circulation inviting stakeholders and the public to submit their views on the rules. The Committee further invited the regulation-making authority, in this case, the Cabinet Secretary for Health to submit written responses to specific queries and concerns that had come up during scrutiny of the regulations by the Committee. The Committee examined the Covid-19 Regulations against the Constitution, the Public Health Act, Cap. 242 Laws of Kenya; The Health Act, Act No.27 of 2017 and the Statutory Instruments Act, No.23 of 2013; the Interpretations and General Provisions Act, Cap. 2 of the Laws of Kenya and the Senate Standing Orders. The Committee further considered the impact that annulling the said regulations would have on the fight against the pandemic in the country. Madam Deputy Speaker, at a sitting of the Committee held on Wednesday, 8th July, the Committee resolved that the Covid-19 Regulations be acceded to. The Committee has since communicated the decision to the Clerk of the Senate, who, pursuant to Standing Order No. 221(4) (a) is required to convey the resolution to the regulation-making authority. In considering the regulations, the Committee made several observations and recommendations, two of which I wish to bring to the attention of the Senate. Delays in submission of statutory instruments to Parliament - While the regulations submitted on the committee on Justice, Legal Affairs and Human Rights for consideration relate only to Covid-19 pandemic, the Committee did observe that there was an inordinate delay by the Executive in submitting statutory instruments to Parliament for approval. Section 11 of the Statutory Instruments Act, No.23 of 2013 requires that every Cabinet Secretary responsible for a regulation-making authority, to within seven days after the publication of the instrument, ensure that a copy of the instrument is transmitted to the responsible Clerk for tabling before the relevant House of Parliament. This provision, with regard to Covid-19 regulations was not complied with. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}