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{
    "id": 882337,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/882337/?format=api",
    "text_counter": 297,
    "type": "speech",
    "speaker_name": "Sen. Cherargei",
    "speaker_title": "",
    "speaker": {
        "id": 13217,
        "legal_name": "Cherarkey K Samson",
        "slug": "cherarkey-k-samson"
    },
    "content": "judgment or legal jurisprudence that has been made in our courts is because of public participation. Madam Temporary Speaker, Clause 5 incompulates the spirit and substance and the letter of Article 10 on the aspect of public participation. Therefore, I agree that such decisions that are made, especially in consultation before making statutory instruments, is very important. Ignorance of the law is no excuse but we should make sure that we do proper procedures such that we do not face legal challenges after passage of such laws, regulations or even statutory instruments and principles. Therefore they must be looked at. Consultation is very important and I think the drafters of the Bill, the Committee, has just used another word. It should just be public participation. It is captured in the spirit of Article 174 on the issue of devolution. Clause 5(3) (a) says: “involve notification and write an article by advertisement of bodies”. These are the things that The County Government Act has captured on how we should ensure before doing anything, it should be publicized, we should even use traditional media, advertisements and all the necessary media. Counties are not aware that they can even have community radios. I have not seen any county use local radio stations. If you want to promote public participation, you should even--- The Communication Authority of Kenya (CAK) does not have much power than the Constitution that has been allocated by Fourth Schedule on the functions of county governments. One of them has been given power to have community radios. I hope counties are watching and listening that they should ensure they factor in such, so that they can ensure they have community radios. Madam Temporary Speaker, let me move quickly to Clause 7. I had a few comments because this is a straight forward Bill. It says that contents of regulatory impact assessment and precise language---legal language sometimes has legal Jargon or any professional language, sometimes even how doctors talk and write should be direct and precise. In Clause 7(1) (a), they have said “ a statement of the objectives of the proposed statutory instrument and the reasons for its proposed enactment.” Those are very important statements. Madam Temporary Speaker, Clause 7(1)(c) says:- “A statement of other practicable means of achieving the objectives, including other regulatory as well as non-regulatory options.” This is because we cannot put everything in writing or in law. The Clause goes on to talk of an assessment of the costs and benefits or the proposed statutory rule and the reasons why other means are not appropriate. I think it is just trying to ensure that it is guiding, such that the people who are working on these statutory documents use it as a guiding principle. Kenyans are very good people who are ingenious and sharp, and if you do not guide them to go this or that way, they will create their own things. Therefore, it is very important that when you say, “Contents of regulatory impact assessment” and even the cost and benefits--- It says, the regulation making authority shall in preparing an impact Statement obtain independent advice. I wanted to emphasize on that."
}