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{
    "id": 1142460,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1142460/?format=api",
    "text_counter": 226,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Wilberforce Oundo (",
    "speaker_title": "",
    "speaker": null,
    "content": "Funyula, ODM): Hon. Temporary Deputy Speaker, I second and support the Report and the recommendations of the Committee. There are fundamental issues that a country governed by the rule of law should never deviate from. Firstly, it was the intention of Parliament and the people of Kenya that all subsidiary legislation must go through the rigorous process like any other primary legislation. For any regulation-making authority to purport to usurp the power of Parliament and make regulations, it is unacceptable and unconstitutional. The persons involved should be cited for breach of law. On that account alone, and without going to other issues, the Regulations are dead on arrival. We also need to make it very clear, as my colleague KJ has said, that we do not take any pride in annulling regulations. It takes money and time to develop these regulations, but we want to tell the regulation-making authorities that we can never deviate or subvert the law. We must abide by the law and that is not negotiable. That is unacceptable. It is an inexcusable breach of the law and must be punishable. We must do what we are supposed to do. Secondly, as much as these Regulations are necessary for they have very far reaching effects, by the mere fact they are made contrary to the law, then they are defective, as the legal mind would say, ab initio . Thirdly, these Regulations go to the core of environmental impact assessment and you cannot purport to make regulations without public participation. The framers of the Constitution of Kenya 2010, in Articles 10 and 118, never contemplated that. They actually intended that whatever we do, the people of Kenya must be directly involved in making those decisions. Members of Parliament are their representatives, but how do they represent if they have not been told what to represent? Hon. Temporary Deputy Speaker, I beg to second."
}