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{
    "id": 1222328,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1222328/?format=api",
    "text_counter": 396,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samwel Chepkonga",
    "speaker": null,
    "content": "of the power granted to them by the Constitution must not be accepted by this House. I want to persuade the House that these regulations are not in line with the Constitution and the enabling Act which establishes the SRC. On the question of the advice given by the SRC in determining salaries, the SRC wants to make a regulation that the advice they give bodies that seek advice from them shall be of a binding nature. However, seeking advice means that you consult to know whether your state is good or bad. The decision-making squarely lies with the person making the proposal or seeking the advice. We cannot accept that SRC regulates salaries for public officers. For instance, the SRC cannot set salaries for the Parliamentary Service Commission staff. The salaries are set by the Parliamentary Service Commission that is elected by this House. They cannot purport to say that their advice is binding in nature. In two cases of the Supreme Court, the Kenya Vision 2030 Delivery Board and the Commission on Administrative Justice and two others of 2021 reported in the Kenya Law Report, clearly and unequivocally stated that the recommendations of a commission do not necessarily bind the person to whom or entity to which it is addressed unless the same is specifically provided for in the Constitution or in the law. The SRC has not been given power to set salaries, but to advise. They read “advise” as “set” and that is a misnomer in itself. These Regulations offend the provisions of the law, the Constitution and our Standing Orders, and should be rejected. The other one that I would like to speak to is the Draft Regulations by the SRC based on the assumption that they can also give advice on their own motion in what we call in law"
}