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{
    "id": 1342165,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1342165/?format=api",
    "text_counter": 64,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samwel Chepkonga",
    "speaker": null,
    "content": "Instruments Act, 2013, that governs the making of all regulations, these regulations must be annulled in their entirety. The third is that the Committee noted that the regulations fall short of complying with the minimum threshold set out in Articles 10, 118 and 259, sub article 11 of the Constitution, as read with Section 5 and Section 5(a) and 13 of the Statutory Instruments Act, 2013 in relation to conducting public participation prior to the publication of the regulations. We consider this very important. This is a very important tenet and doctrine of the Constitution that public participation must be conducted where it intends to affect any person in this country. These regulations were promulgated without carrying out public participation as required by Article 10, 118 and 259 of the Constitution. In bringing these regulations, they are illegal in the first instance, so we should annul them. They should comply and conduct public participation so that they can hear what the citizens and all those who will be affected want to say concerning these regulations and they should, therefore, amend as necessary. The fourth, is non-compliance with relevant policies to improve standards like the report of the Presidential Task Force on the recommendations of the university's education. One of the cardinal questions that we asked them is that we have a task force which has made certain recommendations and those recommendations are being implemented right now. You are submitting regulations which should have included those recommendations which you are now implementing and those recommendations are in the form of a guideline. The Statutory Instruments Act, 2013 requires that anything that is promulgated in the form of a guideline or a policy or a regulation must be brought to this House for approval. Those regulations, recommendations and guidelines are being implemented without this House approving them. They are highly illegal. It is affecting the education sector in this country. It is affecting people. It could be good policies. For instance, the funding for the universities should follow a certain trajectory. Those regulations have not been brought to this House yet they are implementing them. This is affecting our students. If we go to our constituencies, they are asked to pay over Ksh500,000. We, as Members of Parliament, do not know what to tell them. Those regulations have not been brought here and they are affecting the people. What we recommend is that these regulations should be annulled and those recommendations be included in the next regulations, which will be brought to the House. Hon. Deputy Speaker, some people think that they are very important. During your time as the Chair of this Committee, you annulled the Judiciary Fund Regulations and the Judiciary appreciated because the regulations themselves were unconstitutional. Pursuant to the recommendations that you made, they went further and amended those regulations that they brought back and you approved the regulations. We are asking those who are regulating authorities to comply with the Statutory Instruments Act, 2013, the enabling statute, and the Constitution. We cannot allow people to usurp the role of Parliament. Article 95 of the Constitution is very clear. There is no person in this country who has been given the power to make laws except this House. We will take a dim view of anybody who purports to usurp it. The regulations do not, therefore, provide for the notice of the intention to revoke the interim letter of authority which negates the right to fair administrative action. These regulations provide for revocation of charters or letters of authority that have been granted by universities. They do not provide for mechanism of due process provided under Article 47 of the Constitution. Where you want to take away the right of people, you must have due process in which you then take away that particular right that has been granted to that particular institution to that person. These regulations do not confer that right in contravention of Article 47 of the Constitution. Therefore, we are recommending to this House that these regulations be annulled in their entirety, and that the statutory making body makes the necessary amendments and brings back those regulations. It is not for them to imagine that because we have annulled the regulations they are going to sit on them. We are going to call for these 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."
}