HTTP 200 OK
Allow: GET, POST, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"count": 1608389,
"next": "https://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=154247",
"previous": "https://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=154245",
"results": [
{
"id": 1560652,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560652/?format=api",
"text_counter": 603,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "Legal Notice No.187 of 2024 was published in the Kenya Gazette on 20th November 2024 and laid on the Table of the House on 16th January 2025. It was made pursuant to Section 50 of the Prevention of Terrorism Act, 2012, Cap 59B, thus qualifying it as statutory instrument within the meaning of Section 2A of the Statutory Instruments Act. The Committee on Delegated Legislation considered this statutory instrument in accordance with the Constitution, the Statutory Instruments Act, Cap 2B, the Prevention of Terrorism Act, Cap 59B, and the Interpretation and General Provisions Act, Cap 2. The Committee further held a consultative meeting with the Ministry of Interior and National Administration on 17th April 2025, as required under Section 16 of the Statutory Instruments Act, before arriving at its recommendation."
},
{
"id": 1560653,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560653/?format=api",
"text_counter": 604,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "The objective of the Regulations is to give effect to various obligations imposed by the United Nations Security Council Resolutions on targeted financial sanctions in respect of terrorism financing and proliferation financing. This was necessitated by Kenya’s current status under enhanced monitoring by the Financial Action Task Force (FATF) and the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG), commonly referred to as the FATF Grey List."
},
{
"id": 1560654,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560654/?format=api",
"text_counter": 605,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "While the Committee on Delegated Legislation appreciates the urgency and international obligations underlying the making of the Regulations, our scrutiny revealed the following legal and procedural deficiencies: 1. The Legal Notice was published on 20th November 2024 but forwarded to the Clerk of the National Assembly on 6th December 2024, which is outside the seven-day statutory timeline provided under Section 11(1) of the Statutory Instruments Act. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1560655,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560655/?format=api",
"text_counter": 606,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "2. The Regulations impose penalties exceeding those permitted under Section 24(5) of the Statutory Instruments Act, which caps fines at a maximum of Ksh1 million and imprisonment at six months, unless expressly provided for in the parent Act. For instance, Regulation 33 of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2024 (Legal Notice No.187 of 2024) proposes a fine of up to Ksh3 million or imprisonment for a term not exceeding seven years, without cross-referencing Section 30 of the Prevention of Terrorism Act. 3. Several provisions, including Regulations 16(2)(d), 20(2)(1), and 37 of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2024 (Legal Notice No.187 of 2024), delegate substantial legislative authority to non- legislative actors, contrary to Section 13(m) of the Statutory Instruments Act, which clearly states that any regulation-making authority cannot inappropriately delegate legislative powers. 4. Regulation 17(1) of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2024, is defective in its drafting as it does not clearly articulate the freezing mechanisms to be adopted. This contravenes Section 13(h) of the Statutory Instruments Act, which prohibits vague or ambiguous drafting. 5. Despite assertions in the explanatory memorandum, the regulation-making authority failed to furnish any proof of actual public participation or stakeholder consultations. This offends Articles 10 and 118 of the Constitution, as read together with Section 5 of the Statutory Instruments Act."
},
{
"id": 1560656,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560656/?format=api",
"text_counter": 607,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "Having considered all the legal and procedural shortcomings, and pursuant to the Constitution, the Prevention of Terrorism Act, Cap 59B, the Statutory Instruments Act (No. 23 of 2013), and Standing Order 210(4)(b). The Committee recommends that this House annul in its entirety the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2024 (Legal Notice No.187 of 2024) for non-compliance with the Constitution and all the relevant enabling laws."
},
{
"id": 1560657,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560657/?format=api",
"text_counter": 608,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "The Committee wishes to express gratitude to the Office of the Speaker and the Office of the Clerk for the support they accorded us during the discharge of our duties. We also recognise the commitment and dedication of the Committee Members and the technical team assigned to this Committee. On behalf of the Members of the Committee on Delegated Legislation, and pursuant to Standing Order 210, it is now my honour and duty to table and move the adoption of the Report of the Committee on Delegated Legislation on its consideration of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2024 (Legal Notice No.187 of 2024). I beg to move and call upon Hon. Charles Onchoke to second."
},
{
"id": 1560658,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560658/?format=api",
"text_counter": 609,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
},
"content": " Hon. Charles Onchoke."
},
{
"id": 1560659,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560659/?format=api",
"text_counter": 610,
"type": "speech",
"speaker_name": "Bonchari, UPA",
"speaker_title": "Hon. Charles Onchoke",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I rise to second the Motion for the adoption of the Report of the Committee on Delegated Legislation on its consideration of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2024 (Legal Notice No.187 of 2024). The regulations that were considered by the Committee on Delegated Legislation are fatally defective in law, substance and procedure. They offend the Constitution in a very material manner. Unconstitutional laws or regulations should not be passed. In arriving at this The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1560660,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560660/?format=api",
"text_counter": 611,
"type": "speech",
"speaker_name": "Bonchari, UPA",
"speaker_title": "Hon. Charles Onchoke",
"speaker": null,
"content": "decision, the Committee considered the relevant laws and the Constitution. In addition to that, it was guided by the established traditions and customs of processing statutory instruments. The Committee invited the relevant ministry for a discussion and walked them through all the defects noted in the regulations. Hon. Temporary Speaker, it is noted that the regulations were brought to the National Assembly nine days outside the timeline stipulated in the Statutory Instruments Act. The regulations purport to delegate powers they do not possess to the regulating authority. As you are aware, no further delegation can be permitted once power is delegated. With those few remarks, I second the Motion to annul these regulations."
},
{
"id": 1560661,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560661/?format=api",
"text_counter": 612,
"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 16,
"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
},
"content": " Fair enough."
}
]
}