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{
    "id": 881249,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/881249/?format=api",
    "text_counter": 125,
    "type": "speech",
    "speaker_name": "Suba South, ODM",
    "speaker_title": "Hon. John Mbadi",
    "speaker": {
        "id": 110,
        "legal_name": "John Mbadi Ng'ong'o",
        "slug": "john-mbadi"
    },
    "content": "We know the body with the authority to exercise the legislative authority at the county level. Therefore, there is no Kenyan, body, institution, individual, high up or low, powerful or weak who can claim that there is law that has been passed and cannot be implemented; that it is not implementable. If it is not, that law should be amended. There is a procedure of asking this House to amend a law that the Government finds difficult to implement. Before it is amended, the law remains the law. We have various stages of legislation. Once a Bill has been passed in this House, it goes to the President for assent. If any institution feels that some provisions in law are going to be difficult for them to implement, they need to, at the right time, seek for the President’s veto power and the President would have it returned it to this House with a memorandum to propose amendment. Since the CBK did not do that, the law remains in force. You cannot apply regulations that have not been passed in Parliament. Those regulations need to be subjected to parliamentary approval. That is the bare minimum. Now, what do we do? I have just listened to the Chair and it is like he is saying that: “We have done our part. It is for Parliament.” There is someone under Article 156 of the Constitution who has been given the mandate to be the principal legal advisor to the Government. This is the Attorney-General of the Republic of Kenya. This person must be invited or summoned by the Committee to explain why a Government institution is not respecting the law. Because I want heads of institutions to work with confidence, so that they do not see like they are fighting with Parliament, I am restraining myself from recommending to this House to take drastic actions on the Governor of the CBK. We want him also to deliver. We know the sensitivity of the financial sector. We do not want to cause distortions. That is why I am asking that the Attorney-General gives answers as to why the CBK cannot respect our legal system. Otherwise, if we just allow this Governor to appear and insist that certain legal frameworks cannot be implemented or that regulations can just be applied without passing through Parliament, what will happen tomorrow with other Government departments, ministries and State agencies? Each body will start creating laws. What we will have is chaos. Some of the laws may contradict other laws because one parastatal may pass one set of regulations and another one a different set of regulations. The net effect will be confusion in our legal system. Thank you, Hon. Speaker."
}