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{
    "id": 1176710,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1176710/?format=api",
    "text_counter": 23,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "definition is unequivocal. Any instrument said to be made pursuant to a power granted to an Act of Parliament must be brought to Parliament for scrutiny. With regard to the second issue, I agree with the concern of Members on the neglect or failure by regulation making bodies to transmit statutory instruments to the House for scrutiny. Having guided that any instruments said to be made pursuant to a power granted by Parliament must be tabled before the House, what should obtain if a regulation making body fails to table such an instrument? As noted by the Deputy Leader of the Minority Party, Hon. Robert Mbui, Section 11 of the Statutory Instruments Act 2013 automatically nullifies statutory instruments not laid before Parliament for scrutiny. Hon. Members, though the provisions may be clear to us as a House, it has to be put into context. Both the Statutory Instruments Act 2013 and the Standing Orders only contemplates the activation of the mandate of the Committee on Delegated Legislation upon tabling of the statutory instrument before the House. Conversely, regulation making bodies and other functionaries of the Executive published various instruments they require the public to obey without providing any evidence that they have tabled in Parliament such instruments for scrutiny. It is, therefore, clear that the gap between the exercise of the delegated law-making authority and the scrutiny of subsidiary legislation has led to the general public blindly abiding by Statutory Instruments merely on the basis that they have been published. Further, the public is not able to access information on when and where such Statutory Instruments have had the force of law. Currently, a public-spirited citizen is the one required to ascertain whether a particular instrument that impacts on his or her rights was indeed tabled before Parliament. If the citizens discover that the instrument was not laid before Parliament and has therefore not been scrutinised, he or she is the one to seek judicial review and quashing of such an instrument. To my mind, Parliament ought not to allow such a state of affairs to exist unchecked."
}