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{
    "id": 127971,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/127971/?format=api",
    "text_counter": 355,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "In this regard, Section 34 of the Interpretation and General Provisions Act, Cap.2 of the Laws of Kenya requires that:- 1. All rules and regulations made under an Act shall, unless a contrary intention appears in the Act, be laid before the National Assembly without unreasonable delay, and, if a resolution is passed by the Assembly within twenty days on which it next sits after the rule or regulation is laid before it, that rule or regulation be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done there under, or to the making of any new rule or regulation. 2. Subsection (1) shall not apply to rules or regulations a draft of which is laid before the National Assembly and is approved by resolution before the making thereof, nor to rules of court. 3. In this Section, “rules” and “regulations” mean respectively those forms of subsidiary legislation which may be cited as rules or regulations, as the case may be.” The Standing Orders do not provide a definition of either delegated legislation or subsidiary legislation. Under Section 3 of the Interpretation and General Provisions Act, subsidiary legislation is defined to mean:- “Any legislative provision, (including a transfer or delegation of powers or duties,) made in exercise of a power in that behalf conferred by a written law, by way of by-law, notice, order, proclamation, regulation, rule, rule of court or other instrument.” It has been argued that by this definition, the re-appointment of the Director of the KACC, having been undertaken in exercise or purported exercise of a power conferred by this House, and the appointment having been made through the instrumentality of a Gazette Notice, it falls within the jurisdiction of this House to consider whether the power so delegated has been appropriately exercised and to take appropriate remedial action if it has not been so exercised. A contrary argument is to the effect that the appointment or re-appointment of a person to a public office is, under our Constitution, the prerogative of the President and that unless express and unequivocal provisions exist requiring that a re-appointment be subjected to fresh approval by this House, no such approval is required and the exercise of the power of re-appointment is not a matter within the jurisdiction of this House to question. Linked to this argument is the view that the exercise of a power of appointment"
}