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{
    "id": 846575,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/846575/?format=api",
    "text_counter": 102,
    "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": "and Standing Order 210 (4) (b), annuls in entirety the Public Finance Management (Tourism Promotion Fund) Regulations, 2018 via Legal Notice No.140/2018. The Committee on Delegated Legislation is established pursuant to the provisions of Standing Order No.210 and has the power to scrutinise and certify all regulations that are tabled before this House to ensure that they are in conformity with the Constitution of Kenya and all Acts of Parliament. Before I begin, let me join the others in congratulating you on your election as Chair of the Commonwealth Parliamentary Association (CPA). I noticed that when Hon. Junet requested that we congratulate you, you were blushing. Luckily, you have the same skin shade as me so that was safe. Hon. Speaker, Section 24(4) of the Public Finance Management Act provides that the Cabinet Secretary may establish a national Government public fund with the approval of the National Assembly. In exercise of these powers, the Cabinet Secretary for the National Treasury and Planning published the Public Finance Management Act (Tourism Promotion Fund) Regulations, 2018 on 14th June via Legal Notice No.140/2018. Following the publication, the Regulations were tabled before this House on 5th July and were immediately committed to the Committee on Delegated Legislation. The Regulations establish a Tourism Promotion Fund with an initial capital of Kshs200 million appropriated by Parliament in the 2018/2019 Financial Year. This allocation has, however, not been traced by our very able Parliamentary Budget Office in the books. The Regulations further provide for financing, development, promotion and branding all programmes and initiatives in relation to tourism and tourism facilities in Kenya. They also deal with any innovations and inventions relating to tourism intelligence and tourism data capture, among others. In considering the Regulations conferred by the regulation-making authority, the Committee on Delegated Legislation had a Sitting with the National Treasury who were led by the Chief Administrative Secretary of the National Treasury, Mr. Nelson Gaichuhie. The Committee recommends that Regulation 6 which provides that the Fund shall consist of proceeds realised under Section 3 of the Air Passenger Service Charge Act is a misrepresentation of that provision. That Section provides that the proceeds exclusively go to two institutions: (a) The Kenya Airports Authority (KAA); and, (b) The Kenya Civil Aviation Authority (KCAA). It also provides that it should be used in such manner as the Cabinet Secretary may provide or specify in a gazette notice. This Act does not provide or even envisage a Tourism Promotion Fund. These Regulations published by the Cabinet Secretary, in apportioning this money to that Fund, do not exist and are not supported by law. This provision is not in accordance with the Air Passenger Service Charge Act which is the parent statute. Even if this were to happen, the Air Passenger Service Charge Act would have to be amended to allow the proposed Tourism Fund to draw from it. The amendment can only be done by an Act of Parliament and not by a resolution of the Committee on Delegated Legislation. You may have noted that we tabled a Report of the Committee on Delegated Legislation last week on 23rd August proposing to annul the Air Passenger Service Charge Act Apportionment Order of 2018. The Cabinet Secretary is clearly causing confusion in presenting these Regulations. The Regulations that are yet to be debated in this House but have been tabled 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."
}