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{
    "id": 808634,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/808634/?format=api",
    "text_counter": 221,
    "type": "speech",
    "speaker_name": "Uasin Gishu CWR, JP",
    "speaker_title": "Hon. (Ms.) Gladys Boss Shollei",
    "speaker": {
        "id": 13278,
        "legal_name": "Gladys Jepkosgei-boss Shollei",
        "slug": "gladys-jepkosgei-boss-shollei"
    },
    "content": "the PSC complied with Section 11(1) and actually submitted the Regulations to the Committee within the stipulated period. We cannot fault them along that. However, the Regulations are inconsistent with Section 205 of the Public Finance Management Act 2012. This section empowers the Cabinet Secretary to make regulations pursuant to the PFM Act. Therefore, the PSC cannot make regulations pursuant to the PFM Act as it lacks the power to do so. To this end, the Regulations therefore, were contrary to Section 24 of the Statutory Instruments Act which provides that the statutory instruments cannot be inconsistent with the provisions of enabling statute, on this case, the PFM Act. We note that in publishing these Regulations, the PSC relied on Section 24 of the PFM Act. It is of importance to note that this Section only gives the PSC the mandate to monitor the funds but does not donate any regulatory- making authority on the PSC. That is a very important point that we would like noted. I know that the Committee has had a lot of difficulties with these Regulations. I know there was a bit of unpleasantries that were exchanged with Members of the Senate who felt that the National Assembly is being unfair to the Senate by not providing the funds to them to undertake activities in the counties. But, I must say, for the record, that the Committee has no vendetta with the Senate, whatsoever. I know that some Members of the Senate even said to me “forget the law. You do not need to follow the law all the time. We need this Fund done.” What I said to most of them is that, first and foremost, I am an officer of the court. I am a lawyer of many years standing. I know Mheshimiwa Daniel Maanzo was my student at the university. Very prominently, the Leader of the Majority Party at the Senate, Hon. Murkomen, was my student also. I said to myself that I cannot, sitting as a Chair, commit an illegality. What will I tell my students? What will I tell people who know me as a renowned lawyer? I have a reputation beyond Parliament. I 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."
}