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{
    "id": 1337670,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1337670/?format=api",
    "text_counter": 164,
    "type": "speech",
    "speaker_name": "Gichugu, UDA",
    "speaker_title": "Hon. Gichimu Githinji",
    "speaker": null,
    "content": "Pursuant to Article 94(6), the people of Kenya, through the Constitution, found it fit for Parliament – which has the sole authority to make laws – to delegate that power to other bodies. Otherwise, Acts of Parliament would be very voluminous. Those bodies can make regulations which Parliament can consider and approve through the Committee on Delegated Legislation, or in the plenary as required under the Statutory Instruments Act. Hon. Speaker, we have also noted as a Committee that the statutory instruments or regulations normally come into operation upon publication. We thought that during the Committee of the Whole House, it is also good to introduce an amendment that statutory instruments or regulations can only come into force after Parliament has already considered them. This is because we could have a scenario whereby a statutory instrument is published, but after consideration by the Parliament, it is found that the requisite law or the Constitution were violated, or the regulations are ultra vires. We are then forced to nullify them. What happens to the person who has already been prejudiced by the regulations in the period when they were in operation? So, we thought that because Parliament acts with timelines, there is no statutory or regulation-making body that would be prejudiced by waiting for a month for Parliament to consider the regulations and approve, annul or guide them accordingly. Indeed, that is an amendment which we are also considering to make. We urge this House to support the Committee so that, at least, we do not have regulations which have serious ramifications being in force, then later on being annulled. There is nothing much to add. The Chairman has already expounded on every aspect and I was only seconding and supporting him. We urge this House to support the Committee to make these amendments. It is for the good of Kenyans. It is for the good of the House in order to give directions. It is also to give the House teeth where there is none, especially where a statutory making body arbitrarily makes regulations and leave them for public consumption without the House having an input. Hon. Speaker, I beg to second."
}