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"type": "speech",
"speaker_name": "Bondo, ODM",
"speaker_title": "Hon. Gideon Ochanda",
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"legal_name": "Gideon Ochanda Ogolla",
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"content": " Thank you, Hon. Speaker. We do not want to doubt the position of the whole issue of statutory instruments. We have seen their importance, we have applied them nationally and we have used them over a period of time. Having them at the county government level is as critical as having them at the national Government level. This Parliament should not bequeath the next one the kind of burden we have in respect of how the National Assembly and the Senate operate. In terms of procedure and application, assuming that Nakuru County Government by last year had developed their own statutory instruments based on the understanding of what happens with national statutory instruments, what would this law mean to them now? I am seeing a situation where we are deliberately passing legislation and we are very clear that we are doing so in vain. Who is to implement this legislation? In my view, every county assembly is supposed to come up with their legislation. Once they do, and with little guidance from the national legislation that exists, they are then able to implement. How is a county government able to implement this legislation the way it is? It may as well be a reference material. Each county assembly is supposed to come up with its legislation. The way laws are done and the Constitution arranged, there is nowhere a specific county government is supposed to implement legislation from the Senate. I am seeing a big problem on how we are moving forward. I do not doubt the importance of the law or these statutory instruments. The main problem is the whole issue of implementation, Parliament working in vain or where we reposit this as a legislation, we are going to run parallel as to what exists in the name of the national Statutory Instruments Act which we know and a new one from the Senate. The one from the Senate is clearly not going to be implemented. Senate has no mechanism of following it up to see whether it is implemented or not. In my view, we need to come up with a way of lessening the burden of doing legislation in vain. If we do not do it, we are going to have a big problem in the next Parliament which is going to be both a bigger Senate and National Assembly. This will arise from the burden we inherited from what we are not able to correct. Through the CIOC, we could try and look at some of these things such that we get to see how we can harmonise some of these processes. If the Constitution does not provide them in a clear manner, can we procedurally, in the House, between the Senate and the National Assembly, get a way on how we can harness some of these things, such that we do not continue with this burden that we are in at the moment? Thank you, Hon. Speaker."
}