Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1560655,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560655/?format=api",
    "text_counter": 606,
    "type": "speech",
    "speaker_name": "Kathiani, WDM",
    "speaker_title": "Hon. Robert Mbui",
    "speaker": null,
    "content": "2. The Regulations impose penalties exceeding those permitted under Section 24(5) of the Statutory Instruments Act, which caps fines at a maximum of Ksh1 million and imprisonment at six months, unless expressly provided for in the parent Act. For instance, Regulation 33 of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2024 (Legal Notice No.187 of 2024) proposes a fine of up to Ksh3 million or imprisonment for a term not exceeding seven years, without cross-referencing Section 30 of the Prevention of Terrorism Act. 3. Several provisions, including Regulations 16(2)(d), 20(2)(1), and 37 of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2024 (Legal Notice No.187 of 2024), delegate substantial legislative authority to non- legislative actors, contrary to Section 13(m) of the Statutory Instruments Act, which clearly states that any regulation-making authority cannot inappropriately delegate legislative powers. 4. Regulation 17(1) of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2024, is defective in its drafting as it does not clearly articulate the freezing mechanisms to be adopted. This contravenes Section 13(h) of the Statutory Instruments Act, which prohibits vague or ambiguous drafting. 5. Despite assertions in the explanatory memorandum, the regulation-making authority failed to furnish any proof of actual public participation or stakeholder consultations. This offends Articles 10 and 118 of the Constitution, as read together with Section 5 of the Statutory Instruments Act."
}