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{
    "id": 599862,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/599862/?format=api",
    "text_counter": 262,
    "type": "speech",
    "speaker_name": "Hon. Chepkong’a",
    "speaker_title": "",
    "speaker": {
        "id": 1154,
        "legal_name": "Samuel Kiprono Chepkonga",
        "slug": "samuel-kiprono-chepkonga"
    },
    "content": "Interpretations and General Provisions Act and the Statutory Instruments Act, 2013. This is a new clause. While discussing and scrutinizing this Bill, the Committee came to the conclusion and determination that giving blanket power to the Chief Justice (CJ) to make rules generally for the effective organization and administration of the Magistrates’ Court is in contravention of the Statutory Instruments Act. The Act requires that you must tell the instances in which the CJ or the person who has been given or donated the power can make regulations. So, what we have done is to provide the instances in which the CJ may make regulations. We have stated as follows in Clause 19A (2):- “Without prejudice to the generality of subsection (1)(b), such rules may provide for the procedure of handling claims relating to violation of human rights all the way to form, style, storage, maintenance and retrieval of court records and finally relating to procedure relating to contempt of court.” Those are very specific provisions in which the CJ can make regulations. It is not open for him to make regulations on anything under the sun. The law is very clear that, that must be regulated by an Act of Parliament. Those regulations must also be tabled in this House and be referred to the Committee on Delegated Legislation for scrutiny to ensure that it complies with the law. Thank you, Hon. Temporary Deputy Chairman."
}