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{
    "id": 1415548,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1415548/?format=api",
    "text_counter": 293,
    "type": "speech",
    "speaker_name": "Marakwet West, Independent",
    "speaker_title": "Hon. Timothy Toroitich",
    "speaker": null,
    "content": " I am here Hon. Temporary Speaker. Thank you for giving me an opportunity to contribute to this very important Bill. I wish to thank Hon. Chepkong’a for bringing this Bill. The Statutory Instruments Act was passed in 2013. However, there was a mischievous provision under that particular legislation providing for a lapse of the statutory instruments that are passed pursuant to that particular legislation after 10 years. When you read the parent Act, Section 27 provides that despite any provisions, regulations, order or notice, shall lapse after 10 years. What we are doing here is saving the lapse of certain provisions and elements of statutory instruments that were passed 10 years ago. This is a very important piece of amendment, so that we can save statutory instruments that were passed 10 years back. Under the parent Act, if a regulation-making authority is unable to submit a published statutory instrument within seven days to this House, then automatically that particular instrument will lapse. But what we are doing in this House under this particular amendment is saving that particular lapse by requiring the Committee to call for that particular instrument before it lapses. My major contribution to this issue is this: Parliament is a law-making body. I have always argued that we are giving another authority the power to make laws on behalf of Parliament. The Statutory Instruments Act of 2013 provides that whenever an instrument comes to this House, two things must happen: It either lapses or is passed in its entirety. Parliament, being a law-making body, has not been given the power under that particular Act to alter or amend a statutory instrument. Going forward, we must be able to review the entire Statutory Instrument Act to give Parliament the power to amend a statutory instrument. It is unfortunate that a particular statutory instrument comes from the Executive, this House looks at it in its entirety, but has no say on that particular document. It just looks at it and it has only two options: Either to pass it in its entirety or to revoke the same. I urge the Committee that is in charge of statutory instruments to retreat and think of a way that Parliament can be allowed to relook at a statutory instrument with a view of either amending it or introducing new provisions. Otherwise, it is taking away the law-making power and authority of this House. I submit, Hon. Temporary Speaker."
}