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"content": "Hon. Wamalwa indicated that he was on a point of order. When a Member is on a point of order, you cannot claim to want to rise on a point of order because the two will clash. But I think it is a matter of sequencing. What comes before the other? It is only when regulations have been published, that under the Statutory Instruments Act, some window is opened so that they can be implemented, and anything done on the authority of such regulations when they have been published in the gazette, unless annulled, will deem to be within the law. But that is upon gazettement and publication. So, the question is: Has anything been published, gazetted? There are things called cheques, cheque books and now it looks like people have to go with writing pads to explain things. You are telling Kenyans that when you are coming alongside your cheque book, come with an exercise book to write a story that this amount I will give to a mosque, this other I will give to a church and the other one, I will go to buy some bananas, if you are from Kisii, like a Member who has just walked in a while ago. He must have sufficient funds to buy bananas. So, you need an exercise book as you withdraw to explain that this amount will buy mangoes, if you are from Tharaka, and such like things. So, when has this become law? Something like that has the force of law. It is that which necessitated the provisions in Article 94. Anything that has the force of law becomes a requirement; if you cannot do this unless you do the other. Since it seems to have the force of law it must, therefore, have the sanctions. Article 94 makes it absolutely unconstitutional for anybody, person or authority to make provisions having the force of law except Parliament."
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