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{
    "id": 1213682,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1213682/?format=api",
    "text_counter": 53,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon Samwel Chepkonga",
    "speaker": null,
    "content": "The eighth thing that we noted is that this is a devolved function as I have just stated in which the counties have a regulatory role to play as per Part 2(1) of the Fourth Schedule of the Constitution. The Crops Act No.16 of 2013 (40) provides that the Cabinet Secretary may make Regulations for the better carrying into effect of the provisions of the Act in consultation with the Authority and county governments. This was not done and, therefore, contravenes Article 259(11) of the Constitution as read together with Section 13(a) of the Statutory Instrument Act of 2013. The Crops Regulations of 2019, therefore, sought to decentralise the Regulatory role of the various players in the coffee chain industry which was initially under the Ministry of Agriculture. The implication of approving the Crops and Coffee Regulations, 2022, will be to contravene these express provisions of the Constitution and the various statutes. Finally, in addition to the need to undertake Public Participation, Sections 6, 7 and 8 of the Statutory Instruments Act that guides the operations and the consideration of Regulations in the Committee of Delegated Legislation requires that the statutory making body undertakes regulatory impact assessment prior to making a regulatory instrument if the proposed instrument is likely to impose significant economic implication on the community or part of the community. The Committee has observed, upon scrutiny, that the Regulations by their very nature..."
}