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"id": 882393,
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"type": "speech",
"speaker_name": "Sen. Halake",
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"legal_name": "Abshiro Soka Halake",
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"content": "enable counties or their governments, both at the legislative and executive arm, to execute and apply legislation that exists both at national and county levels. Madam Temporary Speaker, we are told in this legislation that it cascades what is there at the national level. Even though what is available at the national level may need a bit of amendment to ensure that statutory instruments are a shared responsibility by the bicameral Parliament, as Sen. M. Kajwang has suggested. However, at least there should be a framework in place at the national level, which does not exist at the county level. This Bill lends itself to that and ensures that, that is done. Even though sometimes we do not want things to be prescriptive, this Bill has defined very well what constitutes statutory instruments. “Statutory instrument” means any rule, order, regulation direction, form, tariff of costs or fees, letters, patent, commissions, warrant, proclamation resolution, guideline or any other statutory instruments issued, made or established in the execution of power conferred by, or under an Act of a County Assembly, under which that statutory instrument, or subsidiary legislation is expressly authorized to be issued.” These statutory instruments are means by which counties cannot only execute, but can get revenues from their resources. We all know our own resources has been a major issue whereby counties are acting as departments of national Government. The day we do not get disbursements from the national Government, the counties come to a standstill. Through this legislation, counties should be able to have instruments and tools to use, even for own resource mobilization or own revenue generation through regulation on tariffs, costs on fees, patents and commissions. This Bill is very important. It not only enables execution at the county level of implementation of some of the legislation, but it breaks it down to what can be done on daily basis by the executive and others to make sure that our counties are functioning units at the county levels. Madam Temporary Speaker, again, the provisions that are very well taken care of in terms of how the regulation making authorities would do this. There are robust public participation provisions that have been given. Therefore, bringing decision making down to the lowest level and in the frontline of service provision. That way, our authorities to which the statutory instruments will be delegated, will have a framework within which to conduct public participation so that the regulations are fully made through expressed participation of the people that will be impacted by them. I also like the idea around – I think it is a very good idea that, perhaps, most laws should adopt – is the issue around the impact statement. Sometimes, we find that we go and legislate, make regulations or do policy frameworks, that have such undesired consequences because we have not thought through what that means for the people that would be affected by these laws. This Bill does look at this and makes sure that the people that are affected are, not only included in the process, but also the impact of some of these regulations and statutory instruments, have been looked at and considered. If a mechanism has been put in place to ensure that should there be risks around undesired consequences, then there is a provision for revoking whatever that would affect our people adversely. 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."
}