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{
    "id": 845349,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/845349/?format=api",
    "text_counter": 152,
    "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": "Finally, it was a recommendation for the committee that having considered the Constitution, the Excise Duty Act, the Statutory Instruments, the Interpretation and the General Provisions Act, the Committee finds that these Regulations can only be annulled in its entirety for those reasons and that the Ministry is at liberty to have them republished again and be brought before the House. For the record, there is an issue that was raised by one of our Members. The Member for Endebess is worried that the committee always annuls legislations. I will confirm to him for the record, that the committee from inception has considered 60 pieces of legislation. It has approved 37 out of the 60; it has nullified 13 pieces of legislation. Therefore, the number of the ones that we have approved is higher than those that we have annulled. Two of the legislations did not come into operation of law because of time lapse and there were five of them for the Wildlife Regulations which were withdrawn by the Ministry because they realised it had errors. I think that is the way the Ministries should do. If your Regulations have an error, they should revoke them and republish them correctly. To confirm what the Hon. Member for Endebess is saying, my committee is also very shocked at the shoddy legislation that comes before the committee. I do not blame the Ministries; I blame the legal counsel of the ministries; the in-house lawyers they have or the people they have retained to help them prepare these legislations. It is also punishing the committee because it wastes our time to review legislation. In fact, I am beginning to feel like I am the draft person for the Government. It is unfair for us to correct their errors. Section 16 of the Statutory Instruments Act allows the Ministries to consult with us in advance, even before they publish the legislation. We are encouraging them to do that so that we do not go back and forth. We also do not want to waste the Governments’ time or let the Government projects stall because of these particular errors. Therefore, Hon. Speaker, we are continuing to work very hard together with the Regulatory Making Authorities to ensure that they do not bring legislation before us that will, obviously, end up being annulled because of very simple errors and most of the time they contravene the law. So, if I may answer the question, we cannot approve legislation that is contrary to the law. I always say, before I am a Member of Parliament, I am an officer of the court. I also swore to uphold the Constitution. We cannot approve legislation that contravenes the law. We do hope that going forward, this message has been heard loud and clear by the Ministries and we hope that in future we do not have the current problems. With those few remarks, I wish to thank the Members of my committee because I know any matters relating to finance have a 15 day period and therefore it has taken a lot of work on their part for them to turn this around. I appreciate the Members of my committee and the members of the secretariat who support us."
}