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{
    "id": 1142455,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1142455/?format=api",
    "text_counter": 221,
    "type": "speech",
    "speaker_name": "Mbeere North, JP",
    "speaker_title": "Hon. Charles Njagagua",
    "speaker": {
        "id": 2336,
        "legal_name": "Charles Muriuki Njagagua",
        "slug": "charles-muriuki-njagagua"
    },
    "content": "Following a comprehensive scrutiny of the Environmental (Impact Assessment and Audit) (Amendment) Regulations 2016, the Committee observed that Section 147 (1) of the EMCA provides that the Cabinet Secretary may, on the recommendation of the Authority and upon consultation with the relevant lead agencies, make Regulations. The enactment clause of the Regulations has no mention of any recommendation of the Authority or consultation with the lead agencies and the same is not demonstrated. This infringes Article 259 (11) of the Constitution, which requires mandatory recommendations or consultations with other institutions when so required under a statute, and which must be sufficiently demonstrated at the enactment clause of the Regulations. Article 259(11) of the Constitution provides that if a function or power conferred on a person under the Constitution is exercisable by the person only on evidence or recommendation, with the approval or consent of or on consultation with another person, the function may be performed or the power exercised only on that advice recommendation with that approval or consent or after that consultation, except to the extent that this Constitution provides otherwise."
}