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{
    "id": 846578,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/846578/?format=api",
    "text_counter": 105,
    "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": "Hon. Speaker, Regulation 17 proposes to establish an Oversight Board to supervise the Fund. However, this is also inconsistent with the parent Act because it does not provide for a Board to be established at all. Furthermore, the establishment of the Board can only be done by an Act of Parliament, but not through subsidiary legislation. Section 13 of the Statutory Instruments Act provides that if there is anything that is better placed being enacted under an Act of Parliament, it should not be in the regulation. For that second reason, these regulations must be annulled because they fail the test of the Constitution. Even if the Board were to be established, it would not be legitimate because it is contrary to corporate governance and principles as it proposes that the Principal Secretary (PS) will be both the policy-maker and the implementer. Even though this particular Fund has many positive initiatives that can help to promote the tourism industry in Kenya, it runs a risk of duplicating the fund that already exists with other sections of the tourism sector. Therefore, it is a wastage of public resources which is not encouraged."
}