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{
"id": 1144359,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1144359/?format=api",
"text_counter": 317,
"type": "speech",
"speaker_name": "Tiaty, KANU",
"speaker_title": "Hon. Kassait Kamket",
"speaker": {
"id": 13493,
"legal_name": "William Kamket Kassait",
"slug": "william-kamket-kassait"
},
"content": " Thank you, Hon. Temporary Deputy Speaker. I beg to move the following Motion: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Crops (Fibre Crops) Regulations, 2020 laid on the Table of the House on Tuesday, 17th November 2020, and pursuant to the provisions of section 18 of the Statutory Instruments Act, 2013 and Standing Order 210(4)(b) annuls in entirety the Crops (Fibre Crops) Regulations, 2020 published as Legal Notice No.120 of 2020. At the risk of being branded an “annulment Committee”, this is another Report calling for annulment of Regulations. The Cabinet Secretary for Agriculture, Livestock and Fisheries, in consultation with the Agriculture and Food Authority, published these Regulations via Legal Notice No.120 of 18th July 2020. The Regulations were submitted to the House, tabled and subsequently referred to the Committee on Delegated Legislation. These Regulations provide for guidelines on the development and promotion of fibre crops. Fibre crops include sisal and cotton. Pursuant to Section 16 of the Statutory Instruments Act, 2013, the Committee held prepublication and post-publication consultations with the Regulation-making authority. As stated earlier, these Regulations provide for application, processing, procedures and forms for fibre crops by setting procedures and conditions for registration and licensing of fibre crops dealers. These Regulations further seek to consolidate Regulations that relate to sisal and cotton, which were previously regulated by different Regulations. The Ministry indicated that the Regulations were to protect consumers in the fibre crops industry by setting standards for fair trading and marketing of fibre crops and fibre products in Kenya. Having examined the Regulations against the Constitution, the Interpretation and General Provisions Act and the Statutory Instruments Act, we made the following observations: (i) The Regulations were published in the Gazette on 18th July 2020, submitted to the National Assembly on 5th August 2020 and laid on the Table of the House on the same day, being within the requisite statutory timelines under Section 11 of the Act. (ii) Under Section 5 of the Statutory Instruments Act, the regulation-making authority attached copies of stakeholder forums held between themselves and stakeholders in the cotton and sisal industry. These include Lower Eastern Forum, estates and marketing agents and sisal fibre processors, the Coast Forum, Lower Nyanza Forum, Kenya Plant Health Inspectorate Service, Pest Control Products Board and the National Biosafety Authority. However, the Committee observed that most of the engagement forums were conducted in 2014, raising concern that such information may have been rendered irrelevant and inapplicable due to time. The Committee was also concerned that the Coastal and Rift Valley fibre growing regions, including Nakuru and Baringo counties, were not adequately consulted. The extent of the public participation did not, therefore, meet the requisite standard set out in Articles 10 and 118 of the Constitution and Sections 5 and 5A of the Statutory Instruments Act. Therefore, pursuant to Standing Order 210 (4), and having examined the Regulations against the Constitution, the Interpretation and General Provisions Act, the Crops Act and the Statutory Instruments Act, the Committee recommends that the House annuls in entirety the said statutory instrument for failing to demonstrate that sufficient public participation was undertaken, contrary to Articles 10 and 118 of the Constitution and Sections 5, 5A and the Schedule of the Statutory Instruments Act. With those remarks, Hon. Temporary Deputy Speaker, I beg to move and ask Hon. Njagagua to second. 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."
}