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{
    "id": 1359872,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1359872/?format=api",
    "text_counter": 717,
    "type": "speech",
    "speaker_name": "Ainabkoi, UDA",
    "speaker_title": "Hon. Samwel Chepkonga",
    "speaker": null,
    "content": " Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 2 and substituting therefor the following new clause — ‘‘2. Section 11 of the Statutory Instruments Act, 2013 (in this Act referred to as “principal Act”) is amended in subsection (4) by deleting the words “but without prejudice to any act done under the statutory instrument before it became void”. Hon. Temporary Chairman, the import of this amendment is that the statutory instruments, in their ordinary course of business are promulgated by the cabinet secretaries or the statutory making authority and gazetted. They come into effect upon gazettement and then they are brought to the House for consideration. They are then referred to the Committee on Delegated Legislation. However, before the Committee on Delegated Legislation speaks to them, the ministries are already effecting the regulations. We sometimes consider these regulations and find that they are unconstitutional because they exceed the mandate of the statutory making authority and we propose to the House for annulment. There are certain actions which would have been taken in the ordinary course of business including levies and the Government has already received money. In this amendment, we are saying that notwithstanding the annulment of that statutory instrument, nothing would be considered to be illegal that had been done before the annulment of the regulations. This is because if it becomes illegal, then it means that the Government must refund all the money that it collected pursuant to the making of those regulations. We are, therefore, saying anything that was done before does not prejudice the actions that were taken by the Government. We are just trying to regularise because we have seen people who have gone to court saying that these regulations have been amended before they were approved by Parliament. In the nature of things, the Constitution provides that regulations come into effect upon gazettement. We are saying that, that notwithstanding, whatever action that had been taken will not be considered to be illegal in the manner in which it was. It was legal until annulled by Parliament. I thank you, Hon. Temporary Chairman."
}