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{
    "id": 1549177,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1549177/?format=api",
    "text_counter": 1103,
    "type": "speech",
    "speaker_name": "Sen. Cherarkey",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "to challenge the implementation of the law and the regulations are not published. When we try and explain to people that the regulatory making authority has not brought us regulations, they imagine we are abdicating our duty. I agree the punishment should be around Kshs2 million. The proposed fine of Kshs500,000 is chicken change. We must have at least Kshs2 million because we are punishing a Cabinet Secretary. Let us assume the parents regulatory making authority should be the Ministry. If you are now punishing or fining only a Minister, Kshs500,000, you can imagine they will just laugh at you the way we were trying through Sen. Osotsi’s Bill, where we are saying when somebody who fails to appear before a Committee of Parliament, we just fine them Ksh500,000. Madam Temporary Speaker, we find governors who are smiling all the way to the committees. I have been a veteran in the County Public Accounts Committee. When we fined the former Governor Charity Ngilu Ksh500,000 shillings, she just asked us, “where can I pay. Can I pay by M-Pesa or in cash?” We guided her that it must be deposited through the Clerk of the Senate. So, we must increase the fine so that we make it painful and punishable going into the future. Use of technology, that is amendment of Section 18 and 19 is both to publish and revoke, because whenever you want to explain something with this digital era, we must go online. The website is important. I know Sen. Osotsi has always had a problem with people who learn technology issues. Even in ICT, we have always had a challenge. When there is revocation by the concerned clerk, either of the Senate or National Assembly, they should publish on the website through the Kenya Gazette I am the co-convener of Open Governance (OGP) in Parliament. One of our tenets of OGP is transparency and accountability. The only way Parliament will be accountable, colleague leaders, is by publishing what we do, so that it becomes easy to ensure accountability. Madam Temporary Speaker, sorry, I had not seen Senator Methu. I thought he was with the President in the tour of ‘ Mrima’ . We must ensure that there is revocation and publishing of regulations. I agree with Section 23, because, Madam Speaker, we want to prevent busybodies. Now, they say regulations might be considered through the standing orders of the Senate or National Assembly, and as per the Act. The parent Act of that regulations must be considered. Just to take you back, Section 5A, of the Statutory Instruments Act of 2013, talks about explanatory memo. One of the conditions of explanatory memo before you bring before Parliament is that there must be adequate public participation. Most of our Bills that we have passed on the Floor of the House--- I remember Sen. Mungatana was mentioning Omtatah, have been felled by the stroke of the pen by the judges of court because of only one simple thing; lack of public participation."
}