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"id": 994037,
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"type": "speech",
"speaker_name": "Sen. Omogeni",
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"legal_name": "Erick Okong'o Mogeni",
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"content": "(i)The Public Health COVID-19 restriction of movement of persons and related measures in (Mandera County extension order, of 2020 were to take effect from the 20th of April, and lapse on the 13th of May, 2020. (ii)The Public Health COVID-19 Restriction of Movement of Persons and Related Measures, Nairobi Metropolitan Area Extension Order 2020 was extending the Restriction Order, published via Legal Notice No. 51 of 2020 for a further 21 days which is from the 28th April, 2020 and were meant to lapse on the 19th May, 2020. Madam Temporary Speaker, the Public Health COVID-19 Restriction of Movement of Persons and Related Measures, Mombasa County Extension of Order 2020 was extending the Restriction Order published via Legal Notice No. 52 of 2020 for a further 21 days which is from the 30th April 2020 and were meant to lapse on the 21st May, 2020. The Public Health COVID-19 Restriction of Movement of Persons and Related Measures, Kilifi County Extension Order of 2020 was extending the Restriction Order published in Legal Notice No. 53 of 2020 for a further 21 days which was from the 30th April, 2020 and were meant to lapse on the 21st May, 2020. Madam Temporary Speaker, the Public Health COVID-19 Restriction of Movement of Persons and Related Measures for Kwale County Extension Order of 2020 was extending the Restriction Order published in Legal Notice No. 54 of 2020 for a further 21 days which was from the 30th April, 2020 and were meant to lapse on the 21st May, 2020. The Public Health COVID-19 Restriction of Movement of Persons and Related Measures in reference to Daadab Refugee Complex and Kakuma Refugee Camp order were to take effect from 29th April, 2020 and lapse on 27th April, 2020. Madam Temporary Speaker, the Committee noted that the Orders were published on the 27th April, 2020 and submitted to the Clerk of the Senate by the Cabinet Secretary (CS) of the Ministry of Health within the 14 days of publication; that is on the 12th May, 2020. Section 11 (1) of the Statutory Instruments Act mandates a regulation-making authority to transmit a copy of the published statutory instruments within seven sitting days of the Senate after publication. The Cabinet Secretary of the Ministry of Health indeed transmitted the Orders within the timelines set by the Senate. However, the nature of the Orders were such that, if the timelines were to be strictly adhered to, the essence of parliamentary scrutiny will be lost as by the time the Committee was sitting, the time for the orders had lapsed and in some cases had only one day remaining. Madam Temporary Speaker, the issue of timelines equally affects the Committee which pursuant to Section 15 (2) of the Statutory Instruments Act has 28 sitting days after the date of referral, to consider a statutory instrument. With the current prevailing circumstances where the Senate sits only once a week, the seven sitting days required for transmission of the statutory instruments by the Cabinet Secretary would translate to seven weeks while the 28 sitting days for consideration of statutory instruments by the Committee would translate literally to seven months. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}