Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 794090,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/794090/?format=api",
    "text_counter": 808,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "of the Statutory Instruments Act, 2013 and Standing Order 210 (4)(b) annuls inentirety the said Regulations. The mandate of the Committee on Delegated Legislation is constitutional. It is also established under Standing Order No.210, which gives the power to the Committee to examine all the statutory instruments that are submitted to the House for consideration and to approve or annul. The Committee is expected to gauge whether the statutory instruments are in accordance with the Constitution, the parent statutes and the Statutory Instruments Act. The Committee considered the National Transport and Safety Authority (NTSA) Regulations that were tabled before the House. The tabling was pursuant to the publication of the Regulations that followed, the Statutory Instruments Act, 2013 and the Standing Orders of the House. The Regulations were committed to the Committee, which sat and considered them. Certain provisions of the Statutory Instruments Act were looked into. The first one was Section 5 and then Section 11(2). Most importantly, and what was considered at length, was the constitutional requirement that every law, including statutes and subsidiary legislation, pursuant to Article 118 of the Constitution, must be subjected to public participation. The public must be fully involved in all new laws that are passed because the law that is made is not just for the current generation, but for generations to come. If we take a tree analogy, the roots of a tree in our lives are the Constitution itself. The statutes constitute the stem while the subsidiary legislation would fit for branches. It is those branches that flower and eventually give fruits. Regulations that we make under statutes actualise the consumption of the law. It is, therefore, vitally important that when those regulations are being formulated, the citizens of the Republic of Kenya are fully involved, participate and give their views which are supposed to be taken into consideration. It is unfortunate, therefore, that when the Committee on Delegated Legislation retired to consider those Regulations, it was established that there was no adequate public participation. The net effect of that was that the Committee arrived at the decision that members of the public did not give their views. This is with regard to the Regulations of the NTSA on the operation of commercial motor vehicles, which touch on various aspects of the lives of Kenyans. It was felt that it was important for members of the public to be invited to give their views as far as the consumption of those laws is concerned. The Committee arrived at a decision to annul those Regulations in their entirety. What followed, therefore, was a Report, which we have already tabled before the House and is available. It is detailed, well-done and well-considered. I thank the Members of the Committee on Delegated Legislation for having taken time to come up with this Report and to take a decision which, in the Committee’s view, is most suited for this Republic. As I conclude, I am happy to report to the House that the regulation-making authority - the NTSA - last weekend engaged the Committee on Delegated Legislation and the relevant Departmental Committee on Transport, Public Works and Housing on the three sets of Draft Regulations, including this one. There was fruitful engagement and we are hopeful that going forward, the Authority will submit to the House instruments that conform not only to the Constitution and the relevant Acts pursuant to which they are made, but importantly, which have been subjected to public participation and are in compliance with the Statutory Instruments Act. We also encourage other regulation-making authorities to consult the Committee on Delegated Legislation prior to publishing regulations so as to hasten the process of making those instruments, gazetting them when they have been scrutinised and eventually passed by the House. 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."
}