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"id": 844724,
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"type": "speech",
"speaker_name": "Uashin Gishu CWR, JP",
"speaker_title": "Hon. (Ms.) Gladys Boss Shollei",
"speaker": {
"id": 13278,
"legal_name": "Gladys Jepkosgei-boss Shollei",
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"content": "For that reason, these regulations are inconsistent and, therefore, void. In fact, if we had approved these regulations, it would have been tantamount to amending an Act of Parliament through a regulation, which is contrary to the law. The second reason for annulment is that an order or a regulation cannot apply retrospectively. The Finance Bill 2018, under Clause 56, contains a proposed amendment to the Air Passenger Service Charge Act to include the Tourism Promotion Fund as one of the beneficiaries. However, this amendment has not yet passed. If the CS for the National Treasury would like this amendment passed or introduce a new beneficiary, he should await the amendment to the parent statute. Furthermore, Section 13 of the Statutory Instruments Act provides that: “The Committee, in carrying out scrutiny of a statutory instrument, shall ensure that it does not give retrospective effect to any of the provisions in respect of which these regulations are made.”"
}