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    "id": 631571,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/631571/?format=api",
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    "content": "regulations, some of the regulations making authorities introduce new provisions whose impacts are so profound that they should have been captured within the Act itself. Mr. Deputy Speaker, Sir, we will ask our counterpart committees to ensure that as they scrutinize these regulations, they should ask themselves whether the contents of that regulation ought to have been carried within the main Act of Parliament or fit to be carried as regulations. That way, we will know the role of Parliament under the national level and that of the county assembly at the county level is principally to make legislations. That role should not be usurped by any other institution. Therefore, any regulation making authority, whether at the national or county level, must ensure that that principal role of making regulations remains at the county assemblies and the Parliament at the national level. So, in the process of scrutinizing, the committee should satisfy itself that the contents of the regulations must be those that need to be in the regulations. They should also ensure that there is no introduction of new sections or issues that should have been carried under an Act of Parliament. No regulation should impose taxes and this is a constitutional principle. You can only impose taxes through an Act of Parliament at the county level, for example, through a Finance Bill. Therefore, imposition of new taxes should not be done through regulations. We have seen situations where counties make regulations that impose licence fees and other forms of taxes and yet these are done through regulations. Therefore, it is important that it is clear that regulations do not impose taxes. If they want to do so, it can only be done through an Act of the county assembly. In the process of scrutinizing regulation, no regulation should directly or indirectly bar the jurisdiction of courts. Every person has the inherent right to approach the courts. The courts have unlimited jurisdiction as provided for within the Constitution to handle matters. I think that is one other major consideration. The other consideration is that it should be clear. Section 12 of the Bill all through clearly indicates some of the considerations. The other obvious one is that county assemblies must ensure general proper drafting of regulations. Regulations are secondary to laws. Therefore, in terms of drafting, they should conform to the proper standards of drafting statutory instruments. Therefore, the work of the committee should address these particular concerns. The committee should also ascertain and satisfy itself that the delegated legislative powers that have been granted to the governor, County Executive Committee (CEC) and other subsidiary legislation making authorities is not abused. Once a CEC in charge of Environment, for example, has been given authority to make regulations with regard to proper implementation of an Act of the county assembly and the environment, the CEC must not abuse that power. They should be able to exercise that power in accordance with the Act. It is the work of the committee to ensure that, that is adhered to. Mr. Deputy Speaker, Sir, we know the procedures of passing Acts in the county assemblies. Since there is inadequate drafting personnel in the county assemblies, the procedure to be followed has not been mastered very well by county assemblies. Sometimes it takes a very long time to pass legislations in counties. Once county assemblies master the process and procedure of scrutinizing regulation, these should help fast- track the process of implementation of Bills and Acts that have been passed in The electronic version of the Senate Hansard Report is for information purposes"
}