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{
    "id": 917028,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/917028/?format=api",
    "text_counter": 208,
    "type": "speech",
    "speaker_name": "Kathiani, WDM–K",
    "speaker_title": "Hon. Robert Mbui",
    "speaker": {
        "id": 1750,
        "legal_name": "Robert Mbui",
        "slug": "robert-mbui"
    },
    "content": "as subsidiary legislation concerning county governments. There is absolutely no such thing in law. The Senate will have us believe that this subsidiary legislation made pursuant to powers granted in an Act that was passed with the concurrence of the Senate should, therefore, be tabled in both Houses for scrutiny. That is nothing further from the truth. Ordinarily, in considering and approving Bills, any disagreement is settled through mediation. As such, it means that there is a possibility of the loss of a Bill when the two Houses fail to agree. What does the Senate intend to happen when the two Houses are at odds when considering legislative proposals for subsidiary legislation? I doubt that this Constitution actually intended for the death of subsidiary legislation on account of disagreement between the two Houses. Article 94(6) of the Constitution requires an Act of Parliament or legislation of a county which delegates the authority to make regulations to expressly specify - and this is important - the purpose and objective of the delegation of authority, the limits of the authority, the nature and scope of the regulations that may be made, and the principles and standards applicable to the regulations. As such, once Parliament has passed a law, the distinction on whether it concerns county governments or not no longer applies. In conclusion, the Constitution has vested the oversight role of State officers and organs on the National Assembly. The Senate has only been allowed to exercise oversight over national revenue allocated only to the counties and participating in the impeachment of the President and the Deputy President. The general oversight powers cover both cabinet secretaries and any regulation-making body, therefore, supporting the view that any subsidiary, subordinate or delegated legislation ought to be scrutinised only by the National Assembly. This is something that we have been going through. We have discussed it in the Committee on Delegated Legislation. It is important that, as we move forward, we make it very clear that it is only this House which has power to oversee the regulations that come from our State organs and officers, and not the Senate. I support the Motion."
}