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"id": 959158,
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"type": "speech",
"speaker_name": "Uasin Gishu CWR, JP",
"speaker_title": "Hon. (Ms.) Gladys Boss Shollei",
"speaker": {
"id": 13278,
"legal_name": "Gladys Jepkosgei-boss Shollei",
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"content": "Statutory Instruments Act. On that basis, the Committee found that the regulations must be annulled because they were not subjected to public participation as required by Article 118 of the Constitution and Sections 5, 5(a), 13 (a) and (m) of the Statutory Instruments Act, which require that public participation and sufficient consultation with stakeholders and persons who are likely to be affected by the regulations must be done. In fact, today, several Members have explained that they continue to hold cheques in their offices, despite the merge, that belong to Uwezo Fund or the Youth Enterprise Development Fund or the Women Enterprise Fund. Furthermore, Members felt that there was no regulatory impact statement to see how it would impact those who had already borrowed and were making their repayments, as there was no establishment of the manner in which they would transit and ensure continuity without interrupting those who had already accessed the funds. It was also felt that the penalties set out in the Biashara Fund Regulations were much higher than those that are provided in the Public Finance Management Act. Therefore, it was contrary to the parent statute. Fourthly, it was felt that the revocation of the three existing Funds does not stipulate the manner in which those who were employed by those three funds would be dealt with. Therefore, those employees would be subjected to unfair labour practices, contrary to Articles 41 and 28 of the Constitution, where they have a right to human dignity. Fifthly, also Regulation No.10 requires the advisory board to prescribe other guidelines for use of the fund. Guidelines are statutory instruments within the meaning of Section 2 of the Act. This, therefore, is contrary to that section of the Act, which requires that the Committee must ensure that the regulations do not improperly delegate legislative power because they do not have the authority to do so. Sixthly, the regulation-making authority cannot confer power to another institution within the regulations. The Committee, therefore, met and resolved in the presence of the regulation- making authorities, namely, the National Treasury and the Ministry of Gender to have a further meeting to ensure that the necessary modification was undertaken so that the concerns and the illegalities could be looked into and corrected."
}