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{
    "id": 1018964,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1018964/?format=api",
    "text_counter": 34,
    "type": "speech",
    "speaker_name": "Sen. Faki",
    "speaker_title": "",
    "speaker": {
        "id": 13211,
        "legal_name": "Mohamed Faki Mwinyihaji",
        "slug": "mohamed-faki-mwinyihaji-2"
    },
    "content": "in its response to the Committee, no public participation or consultations were undertaken regarding that Order. (2) With regard to Public Health Prevention Control and Suppression of Covid-19 Rules 2020, which were published on 3rd April, 2020, the Cabinet Secretary advised that emails were sent to specific stakeholders for their input to the rules on 2nd April with a requirement that they submit their comments thereon by 10.00 a.m. on 3rd April. Such organizations that were invited to comment on the rules submitted to the Committee said that they received the said emails on the evening of 2nd April and that by the time they were able to send their comments on 3rd April, the Rules had already been sent for publication which was done the same day vide legal notice 46 of 2020. This clearly demonstrates that there was impetus on the part of the regulation- making authority to undertake appropriate and adequate consultation before making these Regulations, while at the same time, the Ministry wanted to give the rules a cloak of legitimacy vide a hastily undertaken and ineffective public participation exercise. With regard to the Public Health Covid-19 Restriction of Movement of Persons and Related Measures Rules, 2020 and the orders made thereunder, the Committee did concur with the explanation given by the Cabinet Secretary for Health which was that, it would have been impractical to undertake public participation on the rules as citizens will have been alerted to the proposed containment measures and thus flee the infected area before the restriction of movement was imposed. After the initial set of Covid-19 Rules were committed to the Committee on Justice, Legal Affairs and Human Rights for consideration the Sessional Committee on Delegated Legislation was constituted by the Senate on 28th April, 2020. Consequently, the subsequent sets of regulations on the pandemic as well as regulations touching on other matters have been referred to and considered by the Committee on Delegated Legislation, chaired by my counterpart, the Senator for Mombasa County, Sen. Faki. The Statement, therefore, relates only to the first set of Regulations which were committed to the Committee on Justice, Legal Affairs and Human Rights and not other regulations, orders and rules that have subsequently been referred to the Committee on Delegated Legislation. Madam Deputy Speaker, in conclusion, I wish to thank the organizations and members of the public who sent submissions to the Committee during consideration of the COVID-19 Regulations. I further wish to thank the Members of the Committee for their diligence in undertaking this assignment and the Office of the Speaker and the Clerk of the Senate for facilitating the Committee in its work. I thank you."
}