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{
    "id": 994038,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/994038/?format=api",
    "text_counter": 132,
    "type": "speech",
    "speaker_name": "Sen. Omogeni",
    "speaker_title": "",
    "speaker": {
        "id": 13219,
        "legal_name": "Erick Okong'o Mogeni",
        "slug": "erick-okongo-mogeni"
    },
    "content": "It would be impossible for the Committee to indulge in the luxury of time with the evolving nature of COVID-19 Pandemic which calls upon us to act with speed whenever matters that affect the wellbeing of members of the public need our action. Madam Temporary Speaker, the Committee further observed that as at the time of submission of the Orders to the Senate on the 12th May, 2020, several Orders had lapsed or had one day remaining before the lapse. As at the time the Committee held its meeting on 20th May, 2020, the Nairobi Metropolitan Area Extension Order had lapsed while the Mombasa, Kwale and Kilifi Extension Orders had only one day to go. The Committee, therefore, resolved to approve the Public Health COVID-19 Restriction of Movement of Persons and Related Measures, Daadab Refugee Complex and Kakuma Refugee Camp Order of 2020 as scrutinizing the other Orders would be an exercise in futility as their lifespan had already lapsed. Madam Temporary Speaker, Article 94 (1) of the Constitution vests the legislative authority at the national level upon Parliament. Article 94 (5) of the Constitution expressly states that no person or body other than Parliament has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation. Article 94 (6) of the Constitution recognizes the authority given to State officers to make provisions having the force of laws in Kenya. These Articles require any regulation-making authority to work closely with Parliament to fulfil the legislative authority of the Republic that is derived from the people and vested in Parliament. Madam Temporary Speaker, we therefore call upon the Cabinet Secretary of the Ministry of Health in conjunction with our Senate Majority Leader to ensure timeous transmission of statutory instruments to the Senate, especially those with stipulated enforcement timelines notwithstanding the provisions of the Statutory Instruments Act. This Statement is, therefore, to bring the attention of the Senate to the inability of the Committee to deal with a number of Orders in view of the fact that their lifespan had expired and also to bring to the attention of the Senate the Order that was approved. I thank you."
}