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{
    "id": 786549,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/786549/?format=api",
    "text_counter": 141,
    "type": "speech",
    "speaker_name": "Hon. Mariru",
    "speaker_title": "",
    "speaker": {
        "id": 13400,
        "legal_name": "Patrick Kariuki Mariru",
        "slug": "patrick-kariuki-mariru"
    },
    "content": "therefore cannot go in a boardroom and seek to draft such regulations without involving the public. It is absolutely not possible. So the committee realized that and on that verdict and in accordance with national values on public participation, these regulations must fall. It is also interesting that some of these national agencies are actually bringing some of these Regulations out of time. The Act on subsidiary legislation is very clear, and any unjustifiable delay in publication and laying of these Regulations in Parliament, would essentially lead to the same conclusion that these regulations must fall. Hon. Speaker, if I may refer to Kenya Defence Forces (Pensions and Gratuities) (Officers and Service Members) Regulations, 2017, it is completely clear that these Regulations are very important to Kenya Defence Forces. However, there are certain things that must be clear. One is on the issue of public participation. It is not possible for these Regulations to pass without public participation. Equally important is the unconstitutionality of these Regulations. These Regulations contravene Section 13(g) of The Statutory Instruments Act, 2013 and Article 206(2) and 4 of the Constitution on withdrawal of money from Consolidated Fund. It must be clear that you can only charge money from Consolidated Fund, if there is a substantive Act of Parliament. You cannot use the backdoor to access the Consolidated Fund because it is a sovereign fund. You cannot also use a subsidiary registration to access this money. What this Regulation seeks to do is actually to access the Consolidated Fund through the backdoor. It has to be through an appropriation, an Act of Parliament after a budget has been made. Secondly and equally important, it must be also clear to the national agencies that any substantive provision within a subsidiary registration must come to this House through a substantive law. It is not possible to establish a substantive organ through a subsidiary registration that was not contemplated under the substantive Act of Parliament. This is what this Regulation seeks to do. They seek to establish the Pensions Board as well as the Appeal Pensions Board through the subsidiary registration. That cannot happen and must fall. It contravenes the Statutory Instruments Act itself. I support the Committee’s resolution that these Regulations must fall because if the Kenya Defence Forces would like to establish a Pensions and Appeals Pensions Board let them come and seek an amendment to the Kenya Defence Forces Act and not through a subsidiary registration. Hon. Speaker, I support."
}