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{
    "id": 808747,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/808747/?format=api",
    "text_counter": 334,
    "type": "speech",
    "speaker_name": "Hon. Daniel Maanzo",
    "speaker_title": "",
    "speaker": {
        "id": 2197,
        "legal_name": "Daniel Kitonga Maanzo",
        "slug": "daniel-kitonga-maanzo"
    },
    "content": "The Committee also learnt that KCAA plans to procure surveillance equipment at the cost of US$50 million to enhance border protection especially in detecting illegal drones. The Members raised concerns on the cost-effectiveness of the proposed acquisition of the equipment and the returns on investment. There is need for solid legislative guidelines before any investment is made on the drones’ surveillance. Having considered the said Regulations pursuant to provisions of Article 94(6) of the Constitution, the Civil Aviation Act, 2013, the Statutory Instruments Act No. 23 of 2013, the Interpretation and General Provisions Act Chapter 2 which regulate the making, scrutiny and publication of the regulations, the Committee observed that the Statutory Instruments Act says that regulations cannot prescribe penalties exceeding those provided by the parent legislation. Therefore, the penalty imposed by Regulation 56 of Kshs5 million or six months imprisonment or both contravenes Section 82 of the Civil Aviation Act No. 21 of 2013 which allows for the imposition of a fine not exceeding Kshs2 million or three years imprisonment. Regulations cannot prescribe beyond the substantive statute. The regulation-making authority did not undertake adequate public participation as required by the Statutory Instruments Act and Articles 10 and 118 of the Constitution on public participation, read together with Section 5 and Section 11(2) of the Statutory Instruments Act. In addition, pursuant to Section 13(q) of the Statutory Instruments Act, the Committee raised constitutional concerns regarding the issue of safety, security and infringement of rights to personal privacy and the Bill of Rights which implied but not a prima facie latent on the regulations. They were not sufficiently addressed by the regulation- making authority during their elucidation hence contravening Article 24 of the Constitution and Section 13(h) of the Statutory Instruments Act. It has also been found that drones can be used to drop bombs, drugs and also biological weapons. They can also be used to commit assassinations. The Regulations as published require further amendments to address various pertinent issues including reviewing of licensing fees and privacy concerns among others. Having considered the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017… (Off-record)"
}