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{
    "id": 605007,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/605007/?format=api",
    "text_counter": 86,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Temporary Speaker",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": " What is it, Sen. Wetangula? Proceed, Sen. Sang. Mr. Temporary Speaker, Sir, studies have shown that some of the health issues affecting tobacco farmers include exposure to large amounts of chemicals needed as well as handling of raw tobacco leaves, often times, with no protective gears. This is particularly addressed in these regulations. The Tobacco Industry Act took close to 13 years before it was passed and enacted into law. Prior to the enactment to the Tobacco Control Act of 2007, the Ministry of Health introduced the Public Health Tobacco Product Control Rules that were aimed at ensuring smoke free places in the country through Legal Notice No.44 of 2006. Regulation No.26 provides for the mandatory disclosure by public officers of any intentions to engage with the tobacco industry. Regulation No. 45 provides for offences and penalties. This extends to persons who are performing services on behalf of the tobacco industry. Mr. Temporary Speaker, Sir, as a Committee, we scrutinized these regulations bearing in mind the Statutory Instruments Act. It is important to note – and I want to bring this to the attention of the Senate – that the donated power to the Cabinet Secretary to make regulations, is donated by this House. In donating those powers, this House made clear provisions on how the donated power is going to be executed. One of the most important elements is that of public participation. The constitutional provisions relating to public participation are important and provided for in the Act. The same Statutory Instruments Act provides that before any regulations making authority makes regulations, they should have public participation. It is also important to note that regulations are made pursuant to the parent Act. A cabinet secretary or any regulation making authority must not make regulations that are ultra vires to the parent Act or the Constitution. We propose that if the House approves this Motion, in the Committee of the Whole we have certain provisions that we have flagged out as issues that the Cabinet Secretary in charge of Health should have looked at. Some of those inconsistencies with the Tobacco Control Act itself, are even unconstitutional. As the Chairperson of the Committee on Delegated Legislation, we have developed a good working relation with The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}