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{
    "id": 1337681,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1337681/?format=api",
    "text_counter": 175,
    "type": "speech",
    "speaker_name": "Homa Bay Town, ODM",
    "speaker_title": "Hon. Peter Kaluma",
    "speaker": null,
    "content": "Hon. Deputy Speaker, delegated legislation does not have that benefit because it is generated in offices of the Executive and offices of regulation-making authorities. We, as Parliament, enacted the Statutory Instruments Act. I thank this Parliament and the membership in that Committee for electing my good friend, Hon. Samwel Chepkonga, to chair this Committee this time. I know we had Hon. Murugara in that position in the other Parliament. The Deputy Speaker herself chaired the Committee on Delegated Legislation. That was when times were favourable and good before changes occurred. I remember we had a very good friend we miss in the House who was a nominated Member of Parliament and was very serious about this matter. We worked with Hon. Samuel Chepkonga in the Justice and Legal Affairs Committee before. I can assure the House that it is serious business when matters appear before a committee chaired by Hon. Chepkonga. Therefore, I support this amendment. It does more than just strengthen parliamentary supervision of the exercise of the power Parliament has delegated to those other bodies that are proceeding without much publicity and public participation most of the time. Only Parliament is required to engage in that. This Bill seeks to secure the leash we have on regulation-making authorities. So many regulations, orders, rules and directives have been issued before this Committee and they have been enacted. They are subsidiary legislation. Therefore, they affect the governance of the people by being part of the body of law without notice. With regard to Clause 2 of the Bill and having justified the need for the Bill, let me very briefly say something about them in terms of improvements that need to be made. Sub-section 5 says: “The Committee shall require regulation-making authority”. I find this to be superfluous. If not superfluous, I find it redundant. I am sorry to use the latter word. It is superfluous because the Constitution already mandates this Parliament, whether in plenary or as a House or as a Committee, to require any body that is under its charge to submit and to do whatever the House will do. In the rare cases that fall under Article 125, you have situations where Parliament can even summon those bodies. Therefore, I do not think it adds anything. I may be corrected on where the Bill says: “The Committee shall require”. Already, the Committee has capacity in law. It is empowered in law to require if they are minded to do so. I do not see the value of this provision unless what it adds is explained in continuing deliberations and debate. If there is a failure, Clause 2(vi) proposes that the Committee will, in two newspapers of wide circulation, publish a notice confirming that the regulations they are dealing with in 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."
}