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{
    "id": 808782,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/808782/?format=api",
    "text_counter": 369,
    "type": "speech",
    "speaker_name": "Hon. Robert Mbui",
    "speaker_title": "",
    "speaker": {
        "id": 1750,
        "legal_name": "Robert Mbui",
        "slug": "robert-mbui"
    },
    "content": "However, we are tied to the regulations that are contained in the Statutory Instruments Act. The challenges I talked about previously, one of which is legislation through the backdoor, can be seen within these Regulations. The regulation-making authorities must confine themselves to the parent Act – in this case, the Civil Aviation Act of 2013 – which provides for a maximum penalty of Kshs2 million or three years imprisonment. However, these Regulations purport to impose a penalty of Ksh5 million. That is ridiculous, unacceptable and impossible. That means this House can make laws here and when those laws go to the regulation-making authorities, they amend them and introduce new laws. There are limitations as to what a regulation-making authority can do. It must confine itself to what is given in the parent Act. As a result of that, as a Committee, there was no way we could have accepted these Regulations. There is also another mandatory requirement under the Statutory Instruments Act; that is, public participation. In this case, the regulation-making authorities have come up with licensing fees for running a drone in the country, but there has been no public participation. No one was called upon to give their views. Even the key players that would be expected to participate in management of drones were never consulted."
}