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"id": 1424228,
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"speaker_name": "Sen. Mungatana, MGH",
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"content": "the Republic of Kenya, and that is what the Constitution says. I strongly support this amendment because it is telling them that these powers belong to the Senate and they must do according to the donated powers. They should not try to extend powers that you do not have. As I conclude, I want to make two quick points. First, regulations making agencies are the Cabinet Secretaries and the statutory bodies that exist there. We encourage them that before they make regulations, before they go publishing, because I know they are listening to me wherever they are, please, come before the Senate Delegated Committee or the National Assembly Delegated Committee. They can go to one and then come to the other. We say so because, again, that power is not given. Those regulations are donated powers from the Senate and the National Assembly. So, do not rush to the gazette, come for a pre-publication consultation, so that if there is a problem, we will tell that you what you are trying to publish conflicts with the “Mother Act” and the Constitution. Come so that we work together to get efficient working of government. It is never a pleasure for us to reject regulations that you have taken so much time and even expense to gazette. So, I would urge that you come for a pre-publication consultation with the Delegated Legislation committees of both Houses before you gazette. When you come, there are two things we will require of you. First, we will require the regulations impact assessment report, and second, we will require proof of public participation. Why? Because you have to tell us if it is a regulation for Miraa, who participated in approving. Do not say it is only the farmers. What about the consumers? What about those people who use the roads, who are the stakeholders? Please come so that we talk. If public participation is insufficient, we will reject those regulations. Even if you have gazetted them, we will degazette them again. You will end up with a zero-sum game. Also, come with the regulations impact assessment report. Those two documents are extremely important, so that you can tell us the impact of the refugee regulations you are proposing, to stakeholders. We urge all regulations making authorities to come for prepublication scrutiny, so that we can discuss and correct them. Then, when they are exercising the donated power from the Senate and the National Assembly, it can be done in accordance with the law, not the way it has been done in the past, then we have problems. I want to use this opportunity to talk to the people in the various positions in the Executive and make regulations. They need to remember that this law is reminding them that they are operating on donated power. It is not their power; theirs is to execute what the National Assembly and the Senate have passed. When you are doing these regulations, do them in such a manner that you are in consultation. Do not rush to gazette then we have to annul what you have done. With those many remarks, I beg to support this Bill. Thank you, Madam Temporary Speaker."
}