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"id": 1474734,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1474734/?format=api",
"text_counter": 253,
"type": "speech",
"speaker_name": "Ruaraka, ODM",
"speaker_title": "Hon. TJ Kajwang’",
"speaker": null,
"content": " Article 94(5) provides that: ‘‘No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.’’ I understand that the Basic Education Act confers authority on the Cabinet Secretary. Looking at Paragraphs 20, 21 and 22, following the Kamukunji that yours faithfully convened, you helped the Ministry to understand that more energy was required to communicate to the general public. This is generally what is called public participation, or if you want, stakeholders’ engagement, and so on. Under Paragraph 22, in this regard, I can see that they saw the light. They took a lot of measures. One of them is constituting the National Working Committee on review of the new university education funding model. There is a gazette notice to that effect. In my view, it seems that they understood that the content of what they are going to do is a law having force in Kenya. To that extent, they would require a regulation. They must contain all these things that they have given us in a regulation. It would then come before this House which will subject it to proper public participation. No wonder it would seem that there is a cry on public participation and stakeholder engagement because this committee would then synthesise what is a policy paper and bring it before us. We would process it either as a legislation or as a sessional policy, and it would then have a force of law. I want to ask if the Honourable CS would consider to incorporate all these very good things which should come before the enforcement of the matters that are in question. The regulation would come before this House for processing in such a manner that would then become law under Article 94(5). Thank you, Hon. Speaker."
}