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{
    "id": 1191723,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1191723/?format=api",
    "text_counter": 145,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samuel Chepkong’a",
    "speaker": null,
    "content": "Although it is fatal, they continue to ensure that compliance is met. Article 94(5) of the Constitution gives Parliament the exclusive authority to make provisions that have the force of law. There are some busy bodies purporting to make regulations without sending them to this House. We know a number of them. For instance, Hon. Titus Khamala spent all his time discussing a Motion on delocalisation of teachers based on guidelines that were made by the Teachers Service Commission (TSC) that were never brought to the House, and people are complying with the regulations. We are aware that the Governor of the Central Bank of Kenya (CBK) has made regulations requiring banks not to receive any amount of money exceeding Ksh1 million without the customer proffering the source of the money. We are aware of people who sell cows and are paid about Ksh3 million. When they take the money to the bank, they are asked where they got the money from. In fact, the bank manager asks them to go and take a photograph of the cows that they sold yet the cows have already been taken to Dagoretti and slaughtered. Which evidence would one bring? We are aware of many other people who we will not mention here. Hon. Speaker, we seek your direction. These bodies or persons authorised to make regulations should be compelled, using Article 125 of the Constitution, to appear before the Committee to present those regulations for consideration to ensure that they comply with both the law and the spirit of the Constitution. It is very unfair to subject Kenyans to things that are not in the law. In Article 3 of the Constitution, I am expected to uphold, respect and defend the Constitution and the laws made thereunder. Those regulations have not been made pursuant to the Constitution or laws passed by this House. People given delegated power should respect this House. When Parliament has given you power and authority to make regulations, what is so difficult in appearing before this House? Under Article 95(2) of the Constitution, we are obligated to resolve issues that are of concern to the people. This is one of the issues that is of very pertinent concern to the people and this House must resolve it. We expect your ruling on this issue that your predecessor noted is actually a problem and prevalent in Government. We would like to request you to direct the Committee to proceed in a manner that will cure the lacuna pursuant to Standing Order 1. There are certain things that are going wrong including with the NG-CDF. There are bodies purporting to make regulations stating that procurement, including strategic plans, will be done by the Board. I do not know what strategies they have to sort out issues in our constituencies. Those are guidelines that have the force of law and yet they have not been brought before the House. They have not been brought before the Chairman of the NG-CDF Committee. He has not said that they came before him. They have not been brought before our Committee. So, there are so many things that are happening in this country. People are being enslaved against the Constitution and made to comply with laws that are unconstitutional. So, I seek your direction on this. I plead with you, if it will be possible, to give us some time to ventilate on this matter. It is a matter of serious concern to the people of Kenya."
}