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{
    "id": 936906,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/936906/?format=api",
    "text_counter": 234,
    "type": "speech",
    "speaker_name": "Tharaka, DP",
    "speaker_title": "Hon. George Gitonga",
    "speaker": {
        "id": 13491,
        "legal_name": "George Gitonga Murugara",
        "slug": "george-gitonga-murugara"
    },
    "content": "2. Contrary to section 13 (a) of the Statutory Instruments Act, the power to make regulations has not been properly invoked when making these regulations. Examples are: (i) Pursuant to Article 259(11) of the Constitution, where power conferred on a person is exercisable only on the advice of that person, not any other person. It cannot be moved in any other way without the relevant advice that has to be taken as provided by the law. (ii) Section 45(2) requires consultation with the Inspector-General and the Authority. Unfortunately, we were not able to find any backing regarding that consultation in the National Police service Act. Therefore, it appears to the Committee as if the Inspector-General was being called upon to consult a third party in discharge of his duties, which is against the law. (iii) Section 51(2) requires consultation with the Authority and private security service providers before making regulations relating to use, manufacture, importation, selling, distribution, possession and classification of security equipment. Again, this was a consultation with a third party which in our view was not properly exercised. (iv) Section 70 of the Act requires consultation with the Authority before making general regulations for the purpose of proper administration and giving effect to the Act."
}