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{
    "id": 539641,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/539641/?format=api",
    "text_counter": 59,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "Thank you, hon. Deputy Speaker. This matter touches on a very serious sector. I want to start by thanking hon. Jamleck Kamau for deeming it fit to bring it up in the manner that he brought it. This is a matter that is so clear in law. The people of Kenya vested this House with the power to make laws. The people of Kenya say, at Article 94(5) of the Constitution, 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 this Constitution or by legislation.” That is what invites the genre of delegated legislation. Any regulation-making authority is making that legislation on the basis of a delegated power from Parliament. This requires that we look at the Statutory Instruments Act in great detail. The manner in which regulation-making authorities make delegated legislation and the processes they go through are all there. As a matter of principle, it is clear under that Act that the Committee on Delegated Legislation is the one permitted to intervene directly in matters touching on parliamentary work without direct reference to the House. Two things are clear to me from the Act. I would request that when you make your ruling you think through them. The idea that every delegated legislation must be tabled before Parliament is not debatable because these authorities are exercising a power of Parliament by dint of delegation. All the legislations upon gazettement, must be tabled before Parliament so that Parliament has a report on what these bodies are doing. What the Act makes distinction about is whether Parliament is required to debate all delegated legislations or not. There are two ways. There are some which, as of necessity, an Act of Parliament conferring the authority to make subsidiary legislation will say: “This one has to be debated.” There are others on which Parliament is required to give an implicit nod through the Committee on Delegated Legislation. In such a case, you are told that upon gazettement and after the passing of a period, I believe 14 days, if Parliament, through its Committee on Delegated Legislation, does not say no, then that delegated legislation enters into effect. That is what will put us in the situation of Hon. 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."
}