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"speaker_name": "Tiaty, KANU",
"speaker_title": "Hon. Kassait Kamket",
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"content": " Hon. Temporary Deputy Speaker, I was saying - if I can collapse what the Members were saying in support of this Report - that the word “affirmative action” which was the original intention of these Funds, cannot be mixed with the Biashara Kenya Fund . The idea of the Biashara Kenya Fund is of a profit making organisation. Therefore, it cannot go hand-in-hand with the intention of affirmative action, which was the basis of creating the original Uwezo Fund, the Youth Enterprise Fund and the Women Enterprise Fund. As we have stated clearly in the observations of the Committee’s Report, the Biashara Kenya Fund Regulations contravened the Constitution and the Statutory Instruments Act. Therefore, there was only one fate awaiting the Regulations, which is that they had to fall. I have heard Members suggesting that there is need to come up with a substantive legislation in order to protect these Funds. What I noticed is that the Cabinet Secretary for the National Treasury had chosen an easier way of creating Funds because of the provisions of the Public Finance Management (PFM) Act, which allows him to create such Funds. However, as legislators, we are at liberty to come up with substantive legislation to buttress whatever we think needs buttressing through substantive legislation. I want to appreciate the Members of the Committee who put in a lot of work, together with the secretariat, and came up with this fantastic Report. I also want to appreciate the idea of having this Committee on Delegated Legislation. Our citizens would be suffering a lot of injustices if we had regulations like these coming up without the scrutiny of Parliament. I am sure that is why the Committee was created in the first place. With those few remarks, I beg to reply, Madam Speaker, Sir."
}