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{
    "id": 1549188,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1549188/?format=api",
    "text_counter": 1114,
    "type": "speech",
    "speaker_name": "Sen. Osotsi",
    "speaker_title": "",
    "speaker": {
        "id": 13588,
        "legal_name": "Osotsi Godfrey Otieno",
        "slug": "osotsi-godfrey-otieno"
    },
    "content": "to manage various issues. In the past, we have seen problems. This is because we pass laws, but we do not see any regulations formulated or enacted to implement various provisions of that law several years down the line. These statutory instruments have been misused in this country. This is because some of these statutory instruments have been formulated without following the law. We have seen some laws being developed, either in writing or in action, without the input of Parliament. That goes against Article 95(5) of the Constitution. That article states 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 the Constitution or legislation. We have seen ministries make regulations which are not provided for in law. As we talk about putting a timeline under which these departments or ministries will be able to come up with the regulations, we also have to ask ourselves if there are regulations which are contravening the law. I will give you one example. All private parking areas charge parking fees without following any law. If you go to a supermarket and stay there for five minutes, they will charge you money. Where is this money going to? Where is the law that requires that private entities charge or tax people through parking fees? This is an issue that Parliament must look at. There are many other things which are happening outside there, which are not documented in regulations and people are profiting from these things without following the law. Mr. Speaker, Sir, we also have to appreciate the need for having regulations. As stated, it is because we cannot have everything in an Act of Parliament. We have to create space for the implementers of the Act of Parliament to also implement those Acts of Parliament by coming up with the regulations. However, we have to express our discomfort that many of the laws that we pass are not implemented because the regulations are not formulated and enacted. I know my colleagues here have talked about various pieces of legislation which are not supported by the regulations. For example, for a long time, before the Sugar Act, was repealed initially, we had a lot of issues in the sugar industry; issues that could be resolved through regulations. However, every time you ask why this issue has not been addressed, you are told that the Ministry of Agriculture has not come up with regulations. As a result, farmers have suffered for a long time. We have other legislations that we have passed in this House which are not supported by the relevant regulations. For example, the Computer Misuse and Cybercrime Act, which we passed this law. I know some parts of it was opposed in court, but large sections of this law have not been implemented because there are no regulations. For example, on the issue of regulations around the matter of critical systems, we do not have regulations around it. Therefore, people continue to profit from crimes around cybercrime because there are no regulations to support it. Mr. Speaker, Sir, we still have so many aspects of the Data Protection Act which are not implemented because the regulations are not there. Even as we talk about regulations, let us also talk about how long these regulations can be in place."
}