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{
    "id": 1560686,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560686/?format=api",
    "text_counter": 637,
    "type": "speech",
    "speaker_name": "Kathiani, WDM",
    "speaker_title": "Hon. Robert Mbui",
    "speaker": null,
    "content": "The Statutory Instruments Act is clear about the amount that can be penalised within the confines of the Act, and the maximum allowed penalty is only Ksh1 million. These regulations are imposing a fine of Ksh3 million. That is way beyond what the Statutory Instruments Act can allow. The only way that the regulatory-making authority can penalise Ksh3 million is if they refer to any other law, and that must also be clearly indicated in the instrument that they present to the Committee. These regulations did not indicate where the Ksh3 million came from. Therefore, it is offensive to the Statutory Instruments Act, which clearly indicates the amount that can be penalised. Section 13 of the Statutory Instruments Act talks about the relevant considerations when the Committee is dealing with any statutory instrument. Section 13(h) states that any regulation that: “(h) is defective in its drafting or for any reason the form or purport of the statutory instrument calls for any elucidation.” Then it cannot be passed. We noticed that there were grey areas, yet the statutory instrument is supposed to give clarity. If they create a grey area, it offends Section 13(h). On the same relevant consideration, Section 13(m) says that no regulation shall be presented that: “(m) inappropriately delegates legislative powers.” Regulatory-making authorities have often been given powers to make regulations, but they go beyond the Parent Act and Constitution to create their own law. Only Parliament should make laws. That is why we felt these regulations overstep the mandate given to regulatory-making authorities. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}