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"speaker_name": "Sen. Orengo",
"speaker_title": "The Senate Minority Leader",
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"legal_name": "Aggrey James Orengo",
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"content": " Madam Temporary Speaker, I wish to congratulate Sen. Farhiya and the Committee on Delegated Legislation for that exhaustive report. It follows quickly on the feet of the report that was given by the Committee on County Public Accounts and Investments. Sometimes it is lost to us why this Committee is very important. In fact, this Committee protects the authority of Parliament to make laws. This is because the Constitution says that no other body than those who are given that authority to make law or any regulations with the force of law, can do it without going through Parliament, and the parameters placed by Parliament. The only body that I know under the Constitution which can make laws and does not come under that remit are the county assemblies. However, even the county assemblies, in the laws they make, there are parameters within which they are required under the Constitution, so that they do not invade the territory of Parliament. I plead with this Committee, although probably they lack the resources, that what should be happening is that for every legislation passed by county assemblies and regulations made by any State organ or body that is enabled by Parliament to make regulations, they need to get themselves seized of. They need to get themselves seized of the work of the county assemblies in terms of legislation and state organs, including Cabinet Secretaries. Sometimes they make regulations that actually go opposite of what the law prescribes. In fact, you will find that a lot of times, when it skips the notice of Parliament and the courts, the Cabinet Secretaries and Commissions make decisions that have got the force of law, without following what is spelt out in Article 94(6) of the Constitution. I want to beg this Committee that you are our protector. You protect our territory because the legislative authority is only vested in Parliament and the county assemblies. There should be no other law making body, except those that we have authorized. However, once we have authorized any state organ, anybody, or State officer, we should look into those regulations to ensure that they do not go beyond what they are commanded. Madam Temporary Speaker, for the benefit of the Committee, the Constitution requires of Parliament that while we give authority to any organ to make laws, we must state the extent of that authority in the law. The regulations must fall within the law. Sometimes, we overlook this Committee because the other committees are more attractive. They deal with matters, which as far as the public is concerned, want to hear what we have to say. However, in terms of safeguarding what the Constitution says, this is one of the most important committees of this House. Madam Temporary Speaker, this Committee can also help us with our siblings in the National Assembly. The Constitution says that a law is not law until it is enacted by The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}