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{
    "id": 1222327,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1222327/?format=api",
    "text_counter": 395,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samwel Chepkonga",
    "speaker": null,
    "content": " Thank you, Hon. Temporary Speaker. As I have just said, pension management in Kenya is situated in a number of legislations, namely, the Pensions Act, Retirement Benefits Act and the Public Service Superannuation Scheme Act. The SRC has no mandate to set pension for all the public and State officers. That is intrusion into other bodies’ mandate that are clearly set out in the statutes and the Constitution. The plain reading of Regulation 6 as proposed in the Regulations indicates that it seeks to upset the above substantive statutory framework through the back door, subsidiary legislation. As a cardinal principle of law that we have amplified herein, regulations cannot amend substantive provisions of the law. That purported attempt by the SRC must be rejected. We must not give room to SRC to meddle with other legislations and mandates granted to other bodies by the Constitution. Standing Order 210(3)(i) provides that if a regulatory instrument appears to make unusual or unexpected use of powers conferred by the Constitution and the Act, then those regulations must be rejected. This purported attempt to make very unusual and unexpected use 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."
}