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"id": 1560662,
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"speaker": null,
"content": "(Question proposed)"
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"id": 1560663,
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"type": "speech",
"speaker_name": "Hon. Farah Maalim",
"speaker_title": "The Temporary Speaker",
"speaker": {
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"legal_name": "Farah Maalim Mohamed",
"slug": "farah-maalim"
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"content": "This is a straightforward issue."
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{
"id": 1560664,
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"type": "speech",
"speaker_name": "Kitui Central, WDM",
"speaker_title": "Hon. (Dr) Makali Mulu",
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"content": " Thank you very much, Hon. Temporary Speaker. I thank the Committee and the mover of the Motion, Hon. Mbui, for the details regarding the annulment of these regulations. Having a Committee that keenly examines what has been presented is important. I support their position in three areas, and on that basis, I will be supporting the Motion. Firstly, the regulations are against the Constitution. It is a very basic principle in law- making that anything that goes against the Constitution is null and void. Based on that, the Committee was on top of things by saying that we should annul the regulations. Secondly, this is the only House with the power to make laws. However, in their wisdom, they delegate part of that power to lower institutions like ministries. That means that, if need be, the power can be taken away at any time. I get very concerned when I hear someone operating on delegated power going ahead and further delegating it. That is unprocedural and another good reason to annul these regulations. Thirdly, issues of terrorism, as discussed in these regulations, are very sensitive. Whenever we talk about terrorism in this country or the world, people get interested in what is captured in such regulations. Terrorism is not good, and no one in the world supports it. Therefore, anything concerning it must be handled properly. It is unfortunate that the authority delegated with the powers to make these regulations wanted to delegate those powers further, thereby diluting their importance. I support this Committee and urge Members of this House to agree with its position. We should, therefore, annul these regulations and pave the way for improved versions, which will be done by the right authority with the delegated powers. In conclusion, I have realised that only regulations are annulled on the Floor of this House. We never see what is approved."
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{
"id": 1560665,
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"speaker": null,
"content": "[The Temporary Speaker (Hon. Farah Maalim) left the Chair]"
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"id": 1560666,
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"speaker": null,
"content": "[The Temporary Speaker (Hon. David Ochieng’) took the Chair]"
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"type": "speech",
"speaker_name": "Kitui Central, WDM",
"speaker_title": "Hon. (Dr) Makali Mulu",
"speaker": null,
"content": "I wish there were a way we could be educated, even on those that have been approved by the Committee, in a summary manner, to know what they approved. That will keep us up to speed in terms of information, so we sometimes do not comment on things we are unaware of. This is because they were passed through the Committee, but the House did not get the chance to appreciate what was approved. With those recommendations and comments, I support the position of the Committee to annul these regulations. Thank you very much for giving me the opportunity."
},
{
"id": 1560668,
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"type": "speech",
"speaker_name": "Hon. David Ochieng’",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Hon. Muchira. 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."
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{
"id": 1560669,
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"speaker_name": "Ol Jorok, UDA",
"speaker_title": "Hon. Michael Muchira",
"speaker": null,
"content": " Thank you, Hon. Temporary Speaker. I also rise to support the report of the Committee on Delegated Legislation. The mover of the Motion has made the case of the Committee. The Constitution of Kenya vests legislative authority in this Parliament. Therefore, this Parliament is the sole body composed of the people's representatives. The law provides that Parliament may delegate this responsibility to various agencies and bodies. It also provides that these bodies and agencies can only make regulations under the supervision of Parliament. Therefore, it is within the powers of this House to nullify regulations that are made by agencies if it finds that they did not follow the relevant procedures. I listened carefully to the mover of this Motion and picked two reasons for the nullification. One of them is a lack of public participation or a lack of proof that the agencies did public participation when making these laws. As we know, public participation is a constitutional requirement. No law, even in this House, can pass without public participation. The other reason for nullification that I picked from the mover of the Motion is the violation of the Constitution. Hon. Temporary Speaker, I support."
},
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"type": "speech",
"speaker_name": "Hon. David Ochieng’",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Thank you. Hon. Oundo, do you want to speak to this?"
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"id": 1560671,
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"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": " Hon. Temporary Speaker, let me join the Committee in adopting its report to annul these specific regulations. During the last term, I sat on the same Committee. If any aspect of the law-making process is shamelessly, routinely, and brazenly abused by the Executive, it is subsidiary legislation. That is where the most punitive provisions are contained, the most punitive penalties are hidden, and the excesses of the Executive can be found. The Statutory Instruments Act is designed so that we either have to accept the regulations in their entirety or annul them entirely. Many times when they want to be notorious, they skip pre-publication scrutiny and bring it to us when it is already complete. At times, we engage in pre-publication scrutiny, and then they totally disregard the views of the Committee Members and proceed to publish the regulations as they are. At one time, we were so furious when we sat with the Agriculture and Food Authority, and we said that the Sugar Regulations were bad because they hurt the farmers badly. Surprisingly, the Cabinet Secretary, Hon. Munya, proceeded to publish them. So, when they came, they told us it was done by State House. We said it was okay, we would let State House pass the regulations, but we annulled them. Indeed, we annulled them. I feel good that the Committee still has the spine and temerity to stand up to the Executive and annul unconstitutional statutory instruments. This is a growing trend that we must nip in the bud early enough. Many things are being pushed down our throats from foreign institutions and bodies; they are not homegrown. The definition of terrorism in this country is not domesticated. Actually, it was plucked from somewhere and brought to us. Some laws are outrightly unconstitutional and will claw back the gains of the Bill of Rights in the Constitution. I want to urge the Committee and those who are behest on pushing the Executive’s agenda to be careful. They should ensure that they do not please external bodies. They may end up hurting our people. Some activities undertaken in this country are not terrorism. For example, when a group of Maasais move around with rungus celebrating a certain ritual, that is not an act of terror. However, for a white man, when he sees a huge group of people moving together, he imagines that they are committing an act of terror. The Bukusu, when escorting their boys after circumcision, sing very tough songs. Any person would be scared by their agility of jumping up and down, and might think something is wrong. We must stand up for our values and solve our problems domestically. Some of the terror acts that have happened were obviously the result of the security sector's negligence and 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."
}
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}