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{
    "id": 1342164,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1342164/?format=api",
    "text_counter": 63,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samwel Chepkonga",
    "speaker": null,
    "content": " Hon. Deputy Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Universities Regulations, 2023, laid on the Table of the House on Thursday, 14th September 2023, and pursuant to the provisions of Section 18 of the Statutory Instruments Act, 2013 and Standing Order 210(4)(b), annuls in entirety the Universities Regulations, 2023, published as Legal Notice No.56 of 2023. This was a very vibrant discussion with the Cabinet Secretary for Education. We made too many recommendations for them to effect amendments. We wanted them to withdraw the regulations, so that we do not need to annul them. Since they have refused to do so, we are recommending to the House to annul them for the following reasons. Firstly, with regard to the question of certificates, diplomas and degrees. Part 11 of the regulations provides for recognition and equation of degrees, diplomas and certificates conferred or awarded by foreign universities and institutions among others. The regulation seeks to serve the roles and functions of the Kenya National Qualifications Authority (KNQA) which was established under an Act of Parliament – the Kenya National Qualifications Framework Act No.22 of 2014. This is a body which is responsible for establishing standards for harmonisation and recognition of national and foreign qualification. It advises and supports any person, body or institution which is responsible for the award of national qualifications. It also defines the levels of qualifications and competencies. There is, therefore, need to consult with KNQA to demonstrate consultation on the regulation and its impact on the national qualification regulations. The KNQA provides very explicitly or clearly. It does not leave any room for another institution to purport to take over its functions. To that effect, these regulations are in contravention of Section 13(A) of the Statutory Instruments Act, 2013, which requires that all regulations must conform to all other written laws. They do not conform to all other written laws. Hon. Deputy Speaker, the second one is that the statutory-making body did not provide any regulatory impact statement. This is important in the sense that the university regulations as promulgated by the Minister (Cabinet Secretary) in a big percentage affects the citizens and families of this country, not only economically, but socially. This affects parents, guardians and sponsors including workers employed by the universities. Section 6, 7 and 8 of the Statutory Instruments Act, 2013 requires that where regulations are likely to impose significant costs on the community, then they ought to conduct a regulatory impact statement and submit a regulatory impact statement to the Committee. They failed to conduct and publish a Regulatory Impact Statement in the Gazette or newspapers of wide circulation and thereby contravening Sections 6, 7 and 8 of the Statutory Instruments Act, 2013. On that note, we are, therefore, recommending that since they did not comply with the Statutory 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."
}