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{
    "id": 847326,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/847326/?format=api",
    "text_counter": 184,
    "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": "Prior to the publication of the Rules, the regulation making authority, in this case the National Transport and Safety Authority (NTSA) which is the body mandated to operationalise the Rules, presented the draft Rules to the Committee on Delegated Legislation in a workshop held on 20th April 2018. This was a joint workshop between the NTSA and the National Assembly’s Select Committee on Delegated Legislation, together with the Departmental Committee on Transport, Public Works and Housing. During consultations, Members of both Committees proposed to the NTSA the actions it should take to ensure conformity with relevant requirements of the Constitution. Hon. Members were particularly concerned that the regulations should be as stipulated in Article 2, Article 10, Article 94 and Article 118 of the Constitution, which I shall explain shortly, as read with the Traffic Act (Cap. 403), the National Transport and Safety Authority Act and the Interpretation and General Provisions Act. The NTSA, on its part, undertook after that consultation to realign the draft Rules with the stated provisions of the Constitution and the relevant statutes prior to publishing those Rules and subsequently tabling them before Parliament for consideration. To our shock, the NTSA failed, ignored and refused to incorporate any of the concerns that were raised by the two Committees and proceeded to publish the Rules on 26th April 2018 via Legal Notice No.81 of 2018. This is a mistake that many ministries and regulation making authorities make. However, unfortunately for them, this Committee is extremely diligent. I know that the regulation making authority took great exception when the Committee annuled the Regulations. We shall explain, briefly, the reasons why this nullification happened. I am sure Members in the House will agree with us."
}