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{
    "id": 786543,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/786543/?format=api",
    "text_counter": 135,
    "type": "speech",
    "speaker_name": "Hon. Murugara",
    "speaker_title": "",
    "speaker": {
        "id": 13491,
        "legal_name": "George Gitonga Murugara",
        "slug": "george-gitonga-murugara"
    },
    "content": "The traffic amendment rules were introduced under the Traffic Act to impose licence fees on inspection of motor vehicles on a graduated scale starting with motorcycles to small cars, to lorries and trailers. Unfortunately, two reasons were considered as far as these regulations were concerned. The first one being that there had been no consultation whatsoever with the people of Kenya. The people of Kenya were being taxed when there was no consultation or representation. Two, the fees that were proposed were inordinately high and not suitable to the people at the grassroots especially the boda boda owners and riders when it came to inspection. In view of that, contrary to public policy, these regulations were annulled. The third regulations, the Kenya Defence Forces (Pensions and Gratuities)(Officers and Service Members) Regulations, 2017 sought to introduce pensions and gratuities for serving members of the defence forces of the Republic of Kenya. Fortunately, there had possibly been no proper research into this, because in the first instance the regulations were ultra vires to the Constitution. In a very clever way, they were trying to draw money from the Consolidated Fund without approval of Parliament and the other necessary and relevant authorities. That was ultravires and therefore the committee decided to do away with those regulations until the law is complied with. The next problem with those regulations was that the parent statute, which is the Kenya Defence Forces Act, had not made any provision for boards which would sit and make determination as regards gratuities. That was a new provision introduced through regulations, which in the view of the committee was again ultra vires to the parent statute and could not pass the test under the Statutory Instruments Act regarding scrutiny of statutory documents before approval by this House. It is in view of that, again, these regulations had to be annulled. The point being made here is that inasmuch as delegated legislation is subsidiary legislation, it is the very basic law that governs our country and the people of Kenya. It is a very important aspect of law which must be promulgated in accordance with the other statutes and in accordance with the Constitution. Every authority, every person given the power to make regulation must always bear in mind that due process has to be followed. Otherwise, Parliament would annul those regulations and they would be back to square one. This is exactly what is happening here. Due process was not followed and therefore these institutions have to go back and ensure that they do the correct thing. And this Parliament will not hesitate to approve regulations that are in accordance with the law, the Constitution, the parent law and the Statutory Instruments Act. It is in view of those submissions that I also support that we do annul these three sets of regulations. Thank you."
}