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"type": "speech",
"speaker_name": "Uasin Gishu CWR, JP",
"speaker_title": "Hon. (Ms.) Gladys Boss Shollei",
"speaker": {
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"legal_name": "Gladys Jepkosgei-boss Shollei",
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"content": "As I have said before on the Floor of this House, annulment of these proposed Regulations does not prevent the resubmission of the same once the shortcomings have been rectified. Therefore, it was a view of the Committee that this annulment is an opportunity for the CS for the National Treasury to republish these Regulations, but ensure that they cure the mischief and properly invoke the authority granted under the Finance Act so that this money can rightly be within the particular fund that would have been created. Therefore, as our Committee has confirmed many times, the annulment is a safer way of dealing with the problem or the inconsistency with the law and the contravention of the parent statute. Because the Finance Act is now properly a law, then the CS has the opportunity to publish the Regulations again, but now anchor them in the Finance Act. If I may just say this for the record, the Finance Act 2018 in Section 69(a) states that the collector shall pay all the proceeds of the tax paid under Sections 29(a)(2), 44(a)(2), 55(a)(2) and 59(b)(2) into the Sports, Arts and Social Development Fund established under Section 24 of the Public Finance Management Act. Unfortunately, when the Regulations came before us, this section was not in effect yet. Now that it is in effect, they do have the opportunity. Therefore, because of the reasons that I have given and the Committee having considered all these Regulations, it is the recommendation of the Committee that the Public Finance Management (Sports, Arts and Social Development Fund) Regulations, 2018 be annulled in their entirety for those reasons. With that, I call upon a Member of the Committee, Hon. Jennifer Shamalla, to second the Motion. 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."
}