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{
    "id": 604469,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/604469/?format=api",
    "text_counter": 181,
    "type": "speech",
    "speaker_name": "Hon. A.B. Duale",
    "speaker_title": "",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "One, Hon. Jakoyo, Hon. Wamalwa and many Members are here. When we were dealing with Article 115 on the Presidential Memoranda, our argument was that this House has legislative powers. That is why we have got Members of Parliament who bring their own private Bills. That is why before I sign a Government Bill, Parliament has the powers to withdraw a number of amendments that are brought by the Government. I want Hon. Wamunyinyi to listen to me. In this same Bill, I have dropped all the amendments pertaining to the Independent Policing Oversight Authority (IPOA). Nobody told me to do it. Parliament in its wisdom, felt that the Attorney-General cannot sneak serious amendments on IPOA on the Statute Law. We did the same to the Universities Act. They were a number. They were very substantive. Last year on the same law, we removed the National Intelligence Service (NIS) and Kenya Defence Forces (KDF) in your own Committee. Before we sign a Bill, if a Member of Parliament has an amendment that is relevant to that Bill under the presidential system of Government, Parliament and my office is under obligation to allow that Member to insert it. It has happened with the Departmental Committee on Education, Research and Technology and many others. So, there is no crime. The letters from the Attorney-General and Fred Matiang’i who work for the Executive are part of public participation. Hon. Temporary Deputy Chairman, after I finish, you will allow me to listen to the compromised text, because I was away. What is the history of this text? I will provide it to the House the way he provided it. It is a communication between the Communications Authority and the Competition Authority. They signed an MOU under the chair of the Attorney-General. What were they looking for? They were seeking to amend the Kenya Information and Communication Act to align it with the Competition Act, 2014 in respect of the criteria for dealing with a dominant market undertaking. Sections 4 and 23 of the Competition Act, 2014 provide for designation of a dominant telecommunication provider. The same is found in the Kenya Information and Communications Act. It is the business of this House to harmonise the two. One of the agencies is a regulator while the other one deals with business entities. One should therefore declare that “this one is more dominant.” This Bill seeks to harmonise the regulation-making powers. Going to the element of regulations, under the Statutory Act, regulations can only be brought by Cabinet Secretaries. Once they are gazetted, they are tabled here. They then go to the Committee on Delegated Legislation, which shall then bring a Report to the House. The only authority that can bring regulations is not the Competition Authority but the Cabinet Secretary in charge of ICT. Before I go further, if you could allow a harmonization---"
}