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{
    "id": 800629,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/800629/?format=api",
    "text_counter": 189,
    "type": "speech",
    "speaker_name": "Sen. Farhiya",
    "speaker_title": "",
    "speaker": {
        "id": 13179,
        "legal_name": "Farhiya Ali Haji",
        "slug": "farhiya-ali-haji"
    },
    "content": "Thank you, Mr. Deputy Speaker, Sir. I rise under Standing Order 46 2(d) to make a statement relating to the activities of the Sessional Committee on Delegated Legislation. Pursuant to Standing Order 215 of the Senate Standing Orders and Section 12 of the Statutory Instruments Act, 2013, the Sessional Committee on Delegated Legislation is mandated to scrutinize all statutory documents laid before the Senate. During one of the sittingss of the Committee held on Wednesday 14th March, 2018, the Committee was informed that there was the Statute Law (Miscellaneous Amendment) Bill (National Assembly Bill No. 44 of 2017) sponsored by the National Assembly Majority Leader. The Bill contained an amendment to the Statutory Instruments Act to ensure that the statutory instruments are submitted to the relevant House of Parliament. The Committee noted this and resolved to wait for the Bill to be transmitted to the Senate. On Thursday 29th March, 2018, the said Bill was considered by the National Assembly and further amendments on the Statutory Instruments Act were moved by the Chairperson of the Committee on Delegated Legislation including an amendment pertaining to submission of statutory instruments to Parliament, directing the regulation making bodies to submit copies of all statutory instruments for tabling before the National Assembly. The amendments were adopted by the Assembly. Mr. Deputy Speaker, Sir, the Bill was passed by the National Assembly on 29th March, 2018 and assented to by His Excellency the President on 4th April, 2018 without referral to the Senate. As a Committee, we felt that this is a matter that should be brought to the attention of the Senate. This is because the Bill was never transmitted to the Senate for concurrence, yet consideration of statutory instruments is also undertaken by the Senate and numerous statutory instruments affect the functions of the counties as stipulated under the Fourth Schedule of the Constitution. The National Assembly has acted in bad faith to consider a Bill that affects the functions of the Senate, and in essence affects counties without referring the same for concurrence by the Senate. If we, as the Senate, allow this matter to pass without mention, we will be abdicating our legislative making powers and faith in our constitutional role of protecting the interest of counties, pursuant to Article 96 (1) of the Constitution."
}