Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 831195,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/831195/?format=api",
    "text_counter": 292,
    "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": "Regulation 3 provides for the establishment of Sports, Arts and Social Development Fund for providing funding to support the development and promotion of sports, arts and social development including universal health care. Regulation 6 also provides for initial capital of Kshs20 billion to be provided by the National Assembly in the 2018/19 Financial Year. The last Regulation I will refer to is Regulation 4, which provides for the various sources of the fund being inter alia proceeds required to be paid into the fund under the Betting, Lotteries and Gaming Act. Proceeds which are required to be paid into this fund were under the Income Tax Act as appropriated by the National Assembly including other grants, donations and income generated from those particular proceeds. The Committee then considered these Regulations during its sitting on Thursday, 11th October against the provisions of the Constitution, the PFM Act, Statutory Instruments Act and the Interpretation and Gender Provisions Act to ensure that they met the scrutiny criteria. The Committee found that the Regulations complied with the statutory timeline as per the Statutory Instruments Act because it came within seven days and was published within the statutory period as required. Therefore, the Committee had no adverse finding in terms of time compliance. However, the Committee found that the Regulation was inconsistence with an existing parent Act, namely, the Sports Act, 2013. Clearly, the Statutory Instruments Act states and provides that no regulation can contravene a parent statute in this case the Sports Act of 2013. The parent statute, namely, the Sports Act, establishes another fund and, therefore, the Committee found that there would be duplication should this happen. However, we understand the challenge that was faced by the National Treasury in passing these Regulations. The problem lies in the fact that the Finance Act 2018, in which the current proposed Regulations are anchored, came into effect on 21st September 2018 yet the Regulations were before the Committee and had already been gazetted by 14th August 2018. One came before the other and, therefore, made them inconsistent with both laws."
}