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{
    "id": 786530,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/786530/?format=api",
    "text_counter": 122,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Shollei",
    "speaker_title": "",
    "speaker": {
        "id": 13278,
        "legal_name": "Gladys Jepkosgei-boss Shollei",
        "slug": "gladys-jepkosgei-boss-shollei"
    },
    "content": "I beg to move the following Motion: THAT, this House adopts the Reports of the Committee on Delegated Legislation, laid on the Table of the House on Tuesday, 27th March 2018, and pursuant to the provisions of Standing Order 210(4)(b) annuls in entirety the following regulations: (i) The National Land Commission (Investigation of Historical Injustices) Regulations, 2017; (ii) The Traffic (Amendment) (No. 3) Rules, 2017; and (iii) The Kenya Defence Forces (Pensions and Gratuities) (Officers and Service Members) Regulations, 2017. Articles 94, 95 and 109 of the Constitution vest legislative authority in Parliament. However, an Act of Parliament may confer such authority to the Executive, provided that the nature and scope of the law, its purposes and objectives and the limits of such power, is specified. The Select Committee on Delegated Legislation is established pursuant to the provisions of Standing Order No. 210 with the power to scrutinise all statutory instruments submitted to the House and to certify and ensure that these instruments comply with the Constitution and Statutory Instruments Act and all other applicable laws. In exercise of these powers conferred by Section 36 of the National Land Commission Act, the Chairperson of the National Land Commission published the National Land Commission (Investigation of Historical Land Injustices) Regulations 2017 on 6th October 2017 via Legal Notice No. 258 of 2017. Following the publication of these regulations, they were tabled in the House on 7th November 2017. They were immediately committed to the Select Committee on Delegated Legislation for review and scrutiny. The Committee sat and considered these regulations and had the occasion to meet with the National Land Commission. Having considered the regulations against all provisions of the laws, particularly Article 67(2)(e) and Article 94(6) of the Constitution and the National Land Commission Act which empowers the commission to make regulations and statutory interpretations, the Committee was able to observe that the commission had published the regulations before the approval of Parliament which is contrary to Section 36 of the National Land Commission Act which provides that such regulations shall be tabled for parliamentary approval. Also, the Committee observed that pursuant to Section 13 of the Statutory Instruments Act, the commission appears to have had an unjustifiable delay in publication and tabling of the regulations before Parliament. You will recall that the regulations were published on 6th October 2017, transmitted to the Clerk of the National Assembly on 16th October 2017, thereafter tabled by the Leader of the Majority Party on 7th November 2017. That implies that the regulations were brought to Parliament five years after the commencement of the National Land Commission Act. If that is not unjustifiable delay, I do not know what is. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}