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{
    "id": 933682,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/933682/?format=api",
    "text_counter": 41,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Very well, Hon. Pkosing. The same Parliament, in its wisdom, enacted the Statutory Instruments Act in 2012 and gave provisions regarding how any regulation-making body should go about it. To argue at this point before we hear the reasons that the Committee will be advancing to support their recommendation for annulment is premature. Hon. Fatuma Gedi, there is nothing. There is no need of raising your hand. Hon. Pkosing will be at liberty when the Motion will be before the House for debate to rise in his place as the Chair of the Departmental Committee on Transport, Public Works and Housing and advance whatever arguments under the sun that he hopes, through them, he can convince the majority of the Members of this House not to agree with the decision of the Committee to annul. So, at this point, the notice of the Motion has just been given. If it will be possible, we will have the debate commence tomorrow or anytime next week. Also, remember, under the same Statutory Instruments Act, the law provides that until any regulation-making body is required to come up with regulations, there are certain basic standards about participation by the public, which is something that we have in our Constitution. After that, it is gazetted. The requirement is that after gazettement, those regulations or any form of subsidiary legislation must be laid before the House within seven days. Until such time as the regulations or such subsidiary legislation has been annulled by a resolution of the House, the regulations continue to operate. So, you wait until the House resolves one way or the other on the Motion. Those are the clear provisions. Go and read that Act. As we speak, until the House agrees with the Committee to annul, the Regulations are deemed to be in force or, indeed, they are actually in force. But if the House resolves to annul them – remember this House makes laws – the same House will decide how to deal with those Regulations. As Regulations, they have the force of law only to the extent that they are permitted by the provisions of the Statutory Instruments Act and the parent legislation under which they have been made. That is the position. For now, let us wait. I am sure that Hon. Pkosing and some Members of his Committee may wish to convince the House tomorrow or next week not to agree with the Committee on Delegated Legislation. But, remember, you will still be required to give reasons. If the Committee, for instance, says that the regulation-making body has violated any provision of the law in coming up with whatever proposed legislation, even if the House does not annul, it is open to any other Kenyans to approach the courts of law and cite the violation by the regulation-making body and the courts are likely to do what the House should have done, which the House already gave itself authority and power to deal with. The power to make regulations is donated within the parent law and to the extent of compliance with the Statutory Instruments Act. So, let us wait until the Motion is on the Floor and then we can hear what arguments, if any, The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}