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"type": "speech",
"speaker_name": "Nominated, JP",
"speaker_title": "Hon. (Ms.) Shamalla Jennifer",
"speaker": {
"id": 13168,
"legal_name": "Gideon Keter",
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"content": " I beg to move the following Motion: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Public Service Commission Regulations, 2019 (Legal Notice No 65 of 2019), laid on the Table of the House on Wednesday, 6th November 2019, and pursuant to the provisions of Section 18 of the Statutory Instruments Act, 2013 and Standing Order 210(4)(b) annuls in entirety the said Regulations. The Committee on Delegated Legislation is established pursuant to the provisions of Standing Order No.210 with the power to scrutinise all statutory instruments submitted to the House and, two, certify and ensure that these instruments comply with the Constitution of Kenya and all applicable laws. The Committee is expected to consider in respect of any statutory instrument, whether it is in accordance with the provisions of the Constitution, the Act pursuant to which it is made or all other relevant written laws. The Standing Order No.210(3) and Section 13 of the Statutory Instruments Act further provides that scrutiny of any published instrument shall be guided by the principles of good governance, the rule of law and various considerations such as any defects in drafting, expenditure from the Consolidated Fund or other public revenues, unjustifiable delay in publishing or laying before Parliament. The Public Service Commission Regulations of 2019 were made by the Chairperson of the Public Service Commission pursuant to Section 92 of the Public Service Commission Act of 2017. The Regulations were published in the Gazette vide Legal Notice No.65 of 2019 on 24th May 2019. The Regulations were then submitted to the Clerk of the National Assembly on 5th August 2019 and tabled before the House on 11th August 2019. The Regulations seek to operationalise the Public Service Commission Act of 2017 by giving effect to the mandate of the Commission pursuant to Section 92. The Regulations also provide a framework to assist in the better running of the public service. Specifically, the Regulations sought, among others, to provide the form and method of keeping records to provide the appointment, discipline and removal of staff, to guide the administration of career progression, provide for exercise of disciplinary controls, operations and procedures of committees and guidelines on retirements. The Committee considered the regulations against the Constitution, Interpretation and General Provisions Act, the laws of Kenya, the Public Service Act and the Statutory Instruments Act. Pursuant to Section 16 of the Statutory Instruments Act, the Committee held a meeting with"
}