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"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr.) Wilberforce Oundo",
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"legal_name": "Wilberforce Ojiambo Oundo",
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"content": "Having listened to the regulation making authority and having examined the Regulations against the Constitution and other relevant laws, the Committee made the following observations: (i) The Regulations were submitted to the National Assembly within the statutory timelines contemplated under Section 11(1) of the Statutory Instruments Act having been published on 9th August 2019 and received by the Clerk of the National Assembly on 28th August 2019 and tabled on 11th September 2019. (ii) The regulation making authority demonstrated to the Committee that adequate public participation was conducted. The following key stakeholders were consulted: political parties, the Independent Electoral and Boundaries Commission (IEBC), the Kenya Law Reform Commission (KLRC), Judiciary, the Political Parties Dispute Tribunal (PPDT), the Office of the Attorney-General, the National Gender and Equality Commission (NGEC) and the Kenya National Commission on Human Rights (KNCHR). (iii) It was observed that the Regulations do not require a regulatory impact statement since they are intended to make provisions for the structured guidelines for the management, application and disbursement of the Political Parties Fund established under Section 23 of the Political Parties Act. (iv) The Committee noted that there was inappropriate delegation of power. Section 13(m) of the Statutory Instruments Act prohibits the regulation making authority to delegate legislative powers. Consequently, the Committee observed that Regulation 18 inappropriately delegates legislative powers to the Registrar giving powers to set guidelines, conditions and requirements for the management of the"
}