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{
    "id": 1198752,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1198752/?format=api",
    "text_counter": 389,
    "type": "speech",
    "speaker_name": "Sen. Faki",
    "speaker_title": "",
    "speaker": {
        "id": 13211,
        "legal_name": "Mohamed Faki Mwinyihaji",
        "slug": "mohamed-faki-mwinyihaji-2"
    },
    "content": "Madam Temporary Speaker, the Committee on Delegated Legislation is an oversight Committee. In other jurisdictions, for instance, the United Kingdom, this Committee has a majority from the Members who are not in the government; Members in the minority. For instance, the committee in the UK has 15 Members, seven drawn from the ruling party and eight from the opposition parties. This is because most of the subsidiary legislation, the delegated legislation that would be coming from the House, will be coming from the Government Ministries and, therefore, the Government should not be allowed to oversight itself. More so, there are situations where even our colleagues on the other side feel that they are part of the Kenya Kwanza government, yet Parliament is an independent arm of Government which should not be associated with the Executive arm of the government. Madam Temporary Speaker, even in Australia where such committees have been there since the 1940s, they are populated by Members from the party that is not in government, the party in the minority so that they can be able to effectively oversight the government in terms of the regulations that are being brought to the House. During my tenure, the Committee was able to do a lot of regulations and we were able to go for trainings so that all the Members were equipped with the necessary knowledge on how those regulations can be scrutinized so that they are in conformity with the Constitution, the parent legislation or any other legislation for that matter and that they do not infringe on the human rights of the members of the public. Madam Temporary Speaker, it is therefore my appeal that we need to review our Standing Orders so that this Committee, just like the other two Sessional Committees, is populated by Members from the minority side. This will enable us to do effective oversight of the government in terms of the subsidiary registration that is coming in. We cannot underemphasize the importance of this Committee. On 27th July, the Salaries and Remuneration Commission (SRC) published a Gazette Notice to alter some of the allowances that Members enjoy in both Houses and even other public servants outside Parliament. That particular Gazette Notice, under Section 11 of the Statutory Instruments Act is a delegated legislation which should have been brought before the two Houses of Parliament so that it can be scrutinized and considered whether it conforms with the Constitution, the Statutory Instruments Act and any other legislation that is in place at the moment in this country. However, that was not done and now it is being applied to the detriment of some of the Members of this House and Members of National Assembly. So, the work of this"
}