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{
    "id": 786531,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/786531/?format=api",
    "text_counter": 123,
    "type": "speech",
    "speaker_name": "Hon. (Ms.) Shollei",
    "speaker_title": "",
    "speaker": {
        "id": 13278,
        "legal_name": "Gladys Jepkosgei-boss Shollei",
        "slug": "gladys-jepkosgei-boss-shollei"
    },
    "content": "As regards the Traffic Act and in exercise of the powers conferred by Section 119 of the Traffic Act, the Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development published the Traffic (Amendment) (No. 3) Rules, 2017 on 19th December, 2017 via Legal Notice No. 299 of 2017. These rules were intended to review fees paid for inspection of motor vehicles upwards, in a graduated manner. This affects members of public. The Committee found, after deliberations and in consultation with the National Transport and Safety Authority (NTSA) members that, in fact, the regulations were published and presented without adequate public participation. The schedule stipulates that the memorandum should contain a brief of who was consulted over the period and what were the responses. It further adds that there ought to have been some analysis of the outcome and the department’s policy in response to those concerns by members of the public. The Committee was, therefore, of the opinion that because the ministry did not conduct sufficient consultations, they were unable to approve the regulations. As concerns the Kenya Defence Forces Act, again in exercise of the powers conferred by Section 304(l)(g) of the Kenya Defence Forces Act, No.25 of 2012, the Cabinet Secretary for Defence and Chairperson of the Defence Council published the Kenya Defence Forces (Pensions and Gratuities) (Officers and Service Members) Regulations, 2017 on 7th July 2017 via Legal Notice No. 237 of 2017. The Committee considered the regulations, particularly Regulation (4) which provides that: “Pensions, gratuities and other allowances may be granted by the Defence Council with the concurrence of the National Treasury in accordance with these Regulations to officers and service members of the Kenya Defence Forces and shall be a charge on the Consolidated Fund.” After deliberations, the Committee observed that this Regulation contravenes the provisions of the Constitution vide Article 206(2)(a) of the Constitution which provides that: “Money may be withdrawn from the Consolidated Fund only in accordance with an appropriation by an Act of Parliament.” Further, Article 206(4) of the Constitution provides that money shall not be withdrawn from the Consolidated Fund unless the Controller of Budget has approved the withdrawal. Regulation 4, therefore, contravenes Section 13(g) of the Statutory Instruments Act, 2013 which requires the Committee to consider whether the regulations involve expenditure from the Consolidated Fund or other public revenues. Regulations 18 and 38 establish a Pensions Assessment Board and Pensions Appeal Board, respectively. That contravenes Section 13(c) of the Statutory Instruments Act which requires the Committee to consider whether a regulation contains a matter which in the opinion of the Committee should properly be dealt with in an Act of Parliament. The Committee was of the opinion that such a board could only be established through an Act of Parliament in the manner specified by the State Corporations Act. I beg to move. I call upon a Member of the Committee on Delegated Legislation, Hon. (Ms.) Jennifer Shamallah to second this Motion. Thank you."
}