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"id": 1337696,
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"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "The Constitution requires that any regulations of a respective Act cannot have full force of law unless they are passed by Parliament. As my colleague, Hon. Kaluma, has said, a regulation is a law. Where do we publish laws? In the Kenya Gazette . We debate them in the House and publish them in the Kenya Gazette . As he has also mentioned, if Parliament has not passed a law, it does not exist. There is no need to publish in a newspaper that a law has not been passed. Are we saying that we have a rogue Executive or rogue regulation-making bodies? Are we saying that we have rogue State departments that will proceed to implement and enforce regulations or legislative proposals that are not laws? Therefore, it will be superfluous and a waste of time to again publish in newspapers that a law has been annulled. Hon. Deputy Speaker, I know that you have an amendment concerning regulations that have expired. We need to put it in law that once laws have expired naturally, any authority or State organ that continues to implement expired laws is contravening the Constitution. It is illegal and unfair to Kenyans. Since the amendments are well-intentioned, I ask the Committee to retreat, re-look at them afresh, consult widely, and make a neater and tighter case to avoid a situation where we pass a law that does not solve the intended problem. Many of the Bills that we pass and that become Acts of Parliament are implemented through regulations and rules. We must tighten the process so that we do not subject Kenyans to suffering due to lack of understanding."
}