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{
    "id": 861804,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/861804/?format=api",
    "text_counter": 318,
    "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": "2. The regulations from the Judiciary are not exempt from scrutiny as contemplated in the Statutory Instruments Act. 3. The regulations are inconsistent with the patent Act and the Constitution. 4. The regulations are inconsistent with the Unclaimed Financial Assets Act, No.10 of 2011. 5. Diversion of funds from the Consolidated Fund is a substantive matter that may require a statute and cannot be done under a subsidiary regulation as these regulations attempt to do. 6. The regulations are inconsistent with the Constitution, the Judiciary Fund Act, 2016 and the Public Finance Management Act. I will briefly explain those reasons. The first one on the fact that they did not comply with the statutory timeline, the Statutory Instruments Act requires that every Cabinet Secretary responsible for regulation-making shall within seven days, meaning seven sitting days, after the publication of the statutory instrument ensure that a copy of that instrument is transmitted to the responsible Clerk for tabling before the relevant House. The Judiciary Fund Regulations before us today were published on 31st May 2018 (Legal Notice No.117 of 2018) and submitted to the Clerk of the National Assembly on 31st July 2018, which was outside the statutory timeliness of seven sitting days as contemplated by the Statutory Instruments Act, Section 11. On that basis, the regulations started on a wrong footing. Furthermore, the Statutory Instruments Act of 2013indicates that if a copy of a statutory instrument that has been published is not brought before the relevant House within the statutory timeline, it shall cease to have effect immediately after the last day on which it was supposed to have been laid, but without prejudice to anything that has been done in the pursuance of that statutory instrument. These regulations stand to immediately have no effect and cannot be applied."
}