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{
"id": 1191736,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1191736/?format=api",
"text_counter": 158,
"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung'wah",
"speaker": null,
"content": "In consideration of Statutory instruments, the House is governed by the Statutory Instruments Act that we enacted in 2013 when myself, Hon. Opiyo and Hon. Junet were new Members of Parliament. If you go through our Standing Orders, Standing Order 210(6) defines what a statutory instrument means. It says: “In this Standing Order, statutory instrument means any rule, order, regulation, direction, form, tariff of costs or fees, letter patent, commission, warrant, proclamation, by-law, resolution, guideline or other instrument issued, made or established in the execution of a power conferred by or under an Act of Parliament under which that statutory instrument or subsidiary legislation is expressly authorised to be issued.” On what has happened, I want to agree with Hon. Junet and Hon Chepkong’a that people have simply forgotten where we were post and before 2013. It is before 2013 that you could enact regulations and give orders without any regard to the role of Parliament. Hon. Speaker, I want to beseech you in your tenure as the Speaker, not to allow anybody in Government - whoever they are - to ignore the role of Parliament as defined in the Constitution. It is, indeed, true that people in Government are issuing orders and directions left, right and centre. In most cases, you will notice that people do regulations and send them to Parliament when Parliament is on recess. That is something that was prevalent, especially in the last session of the 12th Parliament. In the long recess that we are about to go between December and February, it is the time most of the orders and regulations will be done. They directly affect the people. We will get home and get hammered by our constituents that laws are being passed. Indeed, regulations are part of the law. They are actually law. They are delegated legislation. It is subsidiary legislation that we have delegated someone else to make on our behalf. However, they must make the subsidiary legislations and bring them to the House for either our concurrence or refusal to concur. Therefore, it is only fair that nobody uses this House as a rubber stamp by merely sending documents when the House is on recess and say by virtue of lapse of time, the regulations become operational. The issue of the CBK limiting how much money people can deposit or withdraw from banks is a very sensitive matter that goes to the core of trade. In this town, down in Nyamakima, people trade with millions of shillings. In my constituency and Dagoretti, Hon. Chepkong’a just gave an example of what goes on there. I was discussing with him about an elderly Maasai herdsman who came and sold his cattle in Dagoretti Market, but could not move the money to a bank because the bank manager wanted to see the cows or a photograph of the cows, or the buyer of the cows. We buy cattle, slaughter them, process, pack and enjoy the meat there in Dagoretti. Therefore, we cannot be asking our herdsmen and our good pastoralist brothers and sisters to explain every coin they get from selling their cattle. A million Kenya shillings today is about ten or eleven bulls. Sometimes five, if they have good weight. Therefore, these issues touch on our role as a House. They touch on the lives of our people. I really beseech you, Hon. Speaker, 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."
}