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{
    "id": 1424222,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1424222/?format=api",
    "text_counter": 646,
    "type": "speech",
    "speaker_name": "Sen. Wakili Sigei",
    "speaker_title": "",
    "speaker": null,
    "content": "seeks to amend Section 11 of the Statutory Instruments Act, is giving timelines within which such instruments that have been published by either agencies or Government institutions are to be placed before Parliament. Parliament is thereafter expected to publish them within seven days after the committee has resolved that it has been placed before the House. Why is this timeline very critical? Previously we have had statutory instruments, which have been applied by various state agencies without the input of the relevant committee of Parliament. By extension, they are devoid of the input of the public because the committee of Parliament is deemed to be a representation of the people. The seven-day period which is given to Parliament to publish is also to make sure that there is no unnecessary delay in the publication and application of the statutory instruments. By the time they are being published, they are supposed to be utilised to ensure that services to the public are within the relevant regulations. So, the proposed amendment under Subclause 2(5) is long overdue and I fully support it. Secondly, there is a requirement that a statutory instrument that has ceased to be operational must equally be published and the public is notified. Therefore, any other Government agency that would fail to publish a nullified instrument or regulation is illegal. This is another subsequent provision of this particular statutory instrument Amendment Bill. The proposed amendment under Clause 3 to Section 12 of the Principal Act is very critical. The Act as it is providing that there is no exemption to orders or regulations that are emanating from courts of law. There are three arms of Government including the Legislature, the Judiciary and the Executive. They are independent of one another. This amendment seeks to protect the regulations and orders that are emanating from courts of law as judicial pronouncements from a requirement that they be subjected to parliamentary scrutiny. If they were to be subjected to parliamentary scrutiny, it definitely would go against the constitutional requirement of independence. So, this amendment is very critical in ensuring that the independence of various arms of Government is safeguarded. Madam Temporary Speaker, the third and critical aspect in respect of this proposed amendment is the proposed amendment to Clause 18. It requires the Clerk of this House and the National Assembly to ensure that a notice is published in two newspapers of nationwide circulation. The reason why it is important is because once a statutory instrument is published in two newspapers of national or wide circulation, it is seen that the public is notified of such a regulation and, therefore, one will not purport to allege that there is a utilization of statutory instruments that have not been subjected to parliamentary scrutiny. This publication also applies to those that have been revoked because once they are revoked, a revocation must also be published on the parliamentary website, and this is to notify the public of the action that has been undertaken by Parliament. Lastly, the proposed amendment seeks to amend Clause 24 of the Principle Act. This is to ensure that those people who are in authority or those people who have been donated have the mandate to make statutory instruments, if and when they fail to do so, the Act provides for a penalty for inaction. Also, the penalties have been enhanced from The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}