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{
    "id": 1052433,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1052433/?format=api",
    "text_counter": 122,
    "type": "speech",
    "speaker_name": "Tiaty, KANU",
    "speaker_title": "Hon. Kassait Kamket",
    "speaker": {
        "id": 13493,
        "legal_name": "William Kamket Kassait",
        "slug": "william-kamket-kassait"
    },
    "content": "This Bill was published on 10th August 2018, read the First Time on 13th September 2018 and passed by the Senate on 10th July 2019. The Bill was subsequently submitted to the National Assembly pursuant to Article 110(4) of the Constitution and the provisions of Standing Orders of the National Assembly, seeking concurrence of the National Assembly on the Bill. Pursuant to the provisions of Standing Order 41(4), the Speaker of the National Assembly communicated to the House the Message from the Senate regarding the Bill on 24th July 2020. The Bill was read the First Time in this House on 25th July 2019. The object of the Bill is to make provision for the procedure of consideration of Statutory Instruments by county assemblies by providing a legal mechanism by which county assemblies will scrutinise statutory instruments. That is the major object of the Bill. The Bill will also provide a comprehensive framework for the making, scrutiny, publication and operation of statutory instruments by requiring regulation-making authorities in the counties to undertake appropriate consultations before making those instruments. The Bill seeks to promote high standards in the drafting of statutory instruments to ensure their legal effectiveness, clarity and intelligibility to anticipated users. In terms of meeting the threshold for public participation, the Senate Committee on Justice, Legal Affairs and Human Rights, pursuant to Article 118 of the Constitution and their Standing Order 134 (1), invited submissions from members of the public via an advertisement in the dailies. The Committee also held fora at the Kenyatta International Convention Centre (KICC), Taifa Hall, to receive views from the public. The Committee also got written submissions from the Kenya National Commission on Human Rights (KNCHR) and the Council of Governors. Article 185 of the Constitution mandates county assemblies to carry out the functions of legislation among the other functions of representation and oversight. Therefore, county assemblies have the constitutional mandate of law-making and can enact legislation on devolved functions as set out under the Fourth Schedule of the Constitution. Statutory instruments, therefore, are necessary to operationalise legislation that is passed by county assemblies. With the promulgation of the 2010 Constitution and the establishment of county governments and county assemblies, it was inevitable that the assemblies would also legislate for their respective counties as provided for in Article 185. Drawing from this mandate, the county assemblies have continued to legislate for their respective devolved governments including to oversee the executives by way of scrutinising subsidiary legislation emanating from the county executives. It is worth noting that the Standing Orders of the county assemblies provide for scrutiny of instruments, a procedure borrowed from both this House and the Senate. The county assemblies have been undertaking this exercise pursuant to the Statutory Instruments Act in the absence of a specific Act governing scrutiny of statutory instruments in the counties. It is for this reason that the Senate saw it fit to enact legislation specifically for this purpose, and that is the County Statutory Instruments Bill, 2018. Hon. Temporary Deputy Speaker, pursuant to the provisions of Standing Order 41(4), the Speaker communicated to the House the Message from the Senate. As I said earlier, the Bill was read for the First Time. Having been cleared by the Budget and Appropriations Committee, the Bill was referred to the Committee on Delegated Legislation for consideration. The Committee observed that the County Statutory Instruments Bill, 2018 is essential in ensuring that statutory instruments at the county level are reasonable and people-oriented. This Bill will ensure that there is accountability and transparency in the formulation and enactment of statutory instruments by the county governments. The Committee, therefore, agreed with the Bill as passed by the Senate without any amendments and tabled its Report on 11th March 2020. 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."
}