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"type": "speech",
"speaker_name": "Tharaka, DP",
"speaker_title": "Hon. George Murugara",
"speaker": {
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"legal_name": "George Gitonga Murugara",
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"content": " Thank you, Hon. Temporary Deputy Speaker those are quite some nice accolades to me. I appreciate them and I hope am able to live to the tasks put in my hands. Hon. Temporary Deputy Speaker, first and foremost, I associate myself with the able presentation that has been made by the Chairperson of the Committee on Delegated Legislation. The reasons why the Committee has annulled the two sections has been clearly set out and it is vitally important that we reiterate to this House that the only authority that is given power by the Constitution to make laws is Parliament. Therefore, any other person who abrogates or purports to himself or herself the power to make laws acts ultra vires the Constitution and the parent Act as far as this matter is concerned. This is the reason we have moved the House to annul the two sections of these Regulations. The rest were okay and were approved by the Committee and the regulatory making authority has been informed accordingly. The problem with the two Regulations are that the CBK, which is the regulatory making authority in this case, purports to abrogate itself powers to make rules and regulations which have the force of law when they are not allowed to do so or are expressly prohibited by Section 13(m) of the Statutory Instruments Act. These two Regulations, if left to pass as they are, will see to it that the CBK continues to issue guidelines, regulations and notes which have the force of law both on other banks and customers of the banks. The net effect is that the CBK will be making laws or Regulations without bringing them to this House. This has the force of affecting those who consume banking services in the country. As a result, this will negatively affect the people of Kenya. This is why the Committee carefully considered these two Regulations and came to the conclusion that the Central Bank of Kenya was acting ultra vires in abrogating to itself the power to make rules and regulations with force of law without coming to this House. We need to remind every regulation- making authority that regulations are made and brought to this House. This House has the power to approve or disapprove those regulations. Sometimes we can annul the entire set of regulations. Other times, we pick only the offensive regulations for annulment as we have done in this case. I associate myself with the presentation of the Chairperson. As this House is now going on recess and we are into the festive season of Christmas, I wish all the Members of the House season’s greetings, happy holidays and a very wonderful recess with our constituents. I personally look forward to going to Tharaka for almost two months to interact with my constituents, listen to their needs and aspirations and explain to them what I have got from the Executive for the betterment of their lives in the constituency. With those remarks, I beg to second."
}