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{
    "id": 811134,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/811134/?format=api",
    "text_counter": 286,
    "type": "speech",
    "speaker_name": "Ruaraka, ODM",
    "speaker_title": "Hon. Tom Kajwang’",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": "Appropriations and the Vote on Account deals with Supplementary Estimates. The Committees of Supply and Vote on Account are found on Standing Orders 240 and 242 respectively. I have served in this Assembly and the last Assembly in the Rules and Procedure Committee and I have never come across a departmental or a House Committee called Ways and Means. I have also reflected on the law under which this legislation has been brought. One of the issues as I rise on a point of order is: Is this Motion properly before us and can we transact this as a Committee of Ways and Means? If we choose to transact it as the Committee of Ways and Means, would the Speaker be urged to retire from his place to join us in the Committee of the whole House and transact it as a committee? Two, there is Statutory Instruments Act. I know there are senior Members here beginning with the Leader of the Majority Party and my friend, Hon. Amos Kimunya. Besides me is one of the strongest Members in this House who I want to draw guidance from. I want to be corrected in law. Hon. Speaker I think you are the doyen of these issues as we speak having served in this House for quite some time. I remember that we have had problems with Statutory Instruments in this House. You remember when we transacted Uwezo Fund, a big issue came and it was decided that regulations must be dealt with in accordance with the Statutory Instruments Act. If you look at Statutory Instruments Act, in Section 15, the Committee shall make a Report to Parliament containing only the resolution. This is very important for me, Hon. Speaker. Together with that is Section 18 on annulment, which states that: When a report on a statutory instrument has been tabled in Parliament, the statutory instrument shall be deemed to be annulled if Parliament passes a resolution to that effect. In other words, if this Motion came through a committee and if the Committee on Finance and National Planning, whose Report we are yet to debate, was considering this as a matter under the Statutory Instruments Act - which they have the capacity in the law to do - they can bring only one Motion, namely, a Motion to annul that legislation. They do not have to bring a Motion to approve the legislation. That is what we had with the Uwezo Fund Regulations, because then, before we had looked at these issues properly, we were even approving, so that we were helping the CSs in drafting the regulations. And if I check properly, I will see Communication from the Chair. The Chair addressed the matter and said that the only thing that can come as a matter of scrutiny under the Statutory Instruments Act is a Motion to annul. What we have here is a Motion to approve. So, if it is strictly according to the Statutory Instruments Act, would it be in order that such a Motion, which is not to annul, but to approve, can be before us? Lastly, and everybody knows it, we appropriate through the Finance Bill. What this Motion seems to do is to pull a medieval, colonial legislation. I have looked at the Act. It was passed in 1959 and it was used only in 1960s. The last time it was used in this House was in 1978. I have it here."
}