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{
    "id": 1549190,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1549190/?format=api",
    "text_counter": 1116,
    "type": "speech",
    "speaker_name": "Sen. Osotsi",
    "speaker_title": "",
    "speaker": {
        "id": 13588,
        "legal_name": "Osotsi Godfrey Otieno",
        "slug": "osotsi-godfrey-otieno"
    },
    "content": "We know that the Statutory Instrument Act provides for a period of 10 years. After ten years, it must come back to Parliament and seek extension of that period. This is important because laws and environment change. When the laws change, the regulations should also change. For instance, we have regulations which were enacted before the Constitution of Kenya 2010. Those regulations need to be repealed so that they align to the new Constitution of Kenya 2010. So, the 10-year period of expiry is important. Recently, Mr. Speaker, Sir, we had about 1,700 pieces of regulations which had expired and which Parliament passed to extend their period for another 10 years. So, this expiry period in the regulation must be monitored continuously, so that we do not have a situation like what we had in 2013, where this huge number of regulations expired and they affected so many operations in the Government. Mr. Speaker, Sir, the making of regulations should be done in a proper process in this House, as per Article 94 (6) of the Constitution, which requires that there must be a clear objective of having those regulations. There must be a clear scope and limit of authority of those regulations. In addition, the alternatives must also be specified. The effect must also be indicated. Most of the regulations do not abide by the standards which have been set up in Article 94(6) of the Constitution. I therefore encourage the relevant Committee of Delegated Legislation that such regulations should not see the light of the day. They should be annulled because they are unconstitutional and may lead to some form of punishment to the people without approval of Parliament as per Article 94 of the Constitution. Mr. Speaker, Sir, it is also important to know that even Gazette notices that are issued by various government institutions, including the Executive Order, are supposed to be subjected to Parliamentary scrutiny. They are supposed to be processed by delegated legislation. I do not know how many Executive Orders have come to this House to be processed. I do not think any has come. It is important that the authority to make the law remains the preserve of Parliament. If we allow Cabinet Secretaries or even the President to make regulations through Gazette notices or Executive Orders, we will be taking away the powers of Parliament to make law as per Article 94 of the Constitution. Mr. Speaker, Sir, even as we talk about this, the regulations must be processed through public participation. We have seen cases where regulations are gazetted without any input from the public. This is unconstitutional. Sometimes, when the Committee is not able to do it in time, these regulations are implemented and yet they have not met the minimum standards, including public participation. This is an unconstitutional process, including compliance to Article 94(6) of the Constitution. The Committee should be alert so that such regulations do not see the light of the day, because Kenyans need to be protected from some excesses since some of these regulations may impose a huge cost on Kenyans. This way, we will be able to deal with them beforehand."
}