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{
    "id": 937025,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/937025/?format=api",
    "text_counter": 353,
    "type": "speech",
    "speaker_name": "Nominated, JP",
    "speaker_title": "Hon. (Ms.) Shamalla Jennifer",
    "speaker": {
        "id": 13168,
        "legal_name": "Gideon Keter",
        "slug": "gideon-keter"
    },
    "content": "the regulation making authority and the Ministry of Public Service, Youth and Gender Affairs on 4th October 2019 and 1st October 2019. The Committee observed that with regard to consultations and public participation, as provided for under Articles 10 and 118 of the Constitution of Kenya and Sections 5 and 5A of the Schedule to the Act and Standing Order 210 which requires the regulation making authority to conduct public participation and sufficient consultations with stakeholders, the outcome of such consultations are to be included within the explanatory memorandum in detail. It was observed that the explanatory memorandum submitted by the regulation making authority did not demonstrate that sufficient public consultation. The regulations were published vide a Gazette notice on 24th of May 2019 and submitted to the Clerk on 5th August 2019 and tabled before this House on 11th of August. This was 14 sitting days outside the statutory timelines stipulated by Section 11 of the Statutory Instruments Act. There was unjustifiable delay in submission of these regulations, contrary to Section 13J of the Statutory Instruments Act. Furthermore, regulations 22, 47, 49, 52 and 53 inappropriately delegated legislative powers, contrary to Section 13m of the Statutory Instruments Act. The regulatory impact statement sections 6, 7 and 8 of the Act requires the regulation making authority to carry out a regulatory impact assessment and submit to Parliament a regulatory impact statement if the proposed regulations have significant cause or impact to the community. Having examined the PSC Regulation 29 against the Constitution of Kenya and all other pieces of legislation, the Committee recommends that the House annuls in its entirety the said statutory instruments for contravening Sections 5, 5(a), 11(1), 13(j) and 13(m) of the Statutory Instruments Act, 2013. As I conclude, and I can never say this so many times and none of us can in the Committee on Delegated Legislation, to really thank the tireless efforts of all the members of the Committee. The exceptional commitment and great work ethic and the spirit of excellence ensure that the Committee delivers on its mandate. Hon. Temporary Deputy Speaker, I therefore beg to move. I do request that Hon. Robert Mbui, Member for Kathiani Constituency and a member of the Committee to second the report. Thank you."
}