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{
    "id": 883641,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/883641/?format=api",
    "text_counter": 470,
    "type": "speech",
    "speaker_name": "Sen. Farhiya",
    "speaker_title": "",
    "speaker": {
        "id": 13179,
        "legal_name": "Farhiya Ali Haji",
        "slug": "farhiya-ali-haji"
    },
    "content": "In preparing the regulatory impact assessment, the regulation making authority is required to obtain independent advice as to the adequacy of the regulatory impact statement and of the assessment including in the statement in accordance with the guidelines. Madam Temporary Speaker, the Bill seeks to exempt certain types of statutory instruments from the requirement of preparation of regulatory impact assessment. These includes statutory instruments that deal with matters that are not of legislative character and do not operate to the disadvantage of any person. Enactment of statutory instrument should take into account the prevailing Kenyan legislative drafting practice in the commencement of an Act or a provision of an Act of the county assembly or subsidiary legislation. The Bill proposes that every regulation making authority shall within seven sitting days after the publication of the instrument submit a copy of the statutory instrument and explanatory memorandum to the clerk of the county assembly for tabling before the county assembly. If an instrument is not laid before the county assembly in this manner, it shall cease to have an effect immediately after the last day on which it should be laid. However, any act done under the instrument before it ceases to have an effect shall not be prejudiced. The Bill proposes that the respective county assembly committee on delegated legislation shall scrutinise the statutory instrument to consider inter alia whether it accords with the provision of the Constitution and other laws, if it imposes tax, infringes on fundamental rights and freedoms of the public, contains a matter which in the opinion of the Committee, should more properly be dealt with in an act of county assembly, involves expenditure of consolidated fund or any other public revenue, inappropriately delegates legislative power, or appears for any reason to infringe on the rule of law. Madam Temporary Speaker, the Committee is required where possible to confer with the regulation-making authority during the scrutiny of the statutory instrument. The Bill further proposes that the Committee shall table a report of its findings and the county assembly may resolve that the statutory instrument is void. In this case, the statutory instrument shall stand revoked. The regulatory authority is required to publish the revocation within 14 days. Madam Temporary Speaker, the Bill is similar to the one applicable under the National Parliament as set out in the Statutory Instrument Act. In conclusion, by enacting this Bill, the Senate will be providing a process through which instruments proposed to have a force of law within counties may be 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."
}