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"id": 1560682,
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"text_counter": 633,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "These regulations are similar to those we have just addressed in the previous Motion. The problems we faced with the two regulations are similar. This is because almost every law passed on the Floor of the House allows the implementer of the law, in most cases, government ministries and departments, some authority to also make regulations or guidelines. So, they can fully implement the law because it cannot be 100 per cent detailed."
},
{
"id": 1560683,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560683/?format=api",
"text_counter": 634,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "Unfortunately, in making these regulations, the regulatory-making authorities often go beyond the mandate that is allowed to them. The Committee on Delegated Legislation is guided by the contents of the Statutory Instruments Act. Whenever any regulation is presented to the Committee, we must check against the Constitution, the Statutory Instruments Act and the parent Act upon which the regulations are made to ensure conformity. So, the problems we faced with the previous regulations were also very evident in these ones. First and foremost, there was the issue of time. The Statutory Instruments Act indicates, under Section 11(1) on laying of statutory instruments before Parliament, that every Cabinet Secretary responsible for a regulatory-making authority shall, within seven sitting days after the publication of the statutory instrument, ensure that a copy of the statutory instrument is transmitted to the responsible Clerk for tabling before the relevant House of Parliament."
},
{
"id": 1560684,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560684/?format=api",
"text_counter": 635,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "Unfortunately, these regulations were tabled late, beyond the seven-day period allowed under the Statutory Instruments Act. Therefore, they have already offended the Statutory Instruments Act. On that basis, the Committee has absolutely no other recourse. The only thing the Committee can do is either allow the regulations to proceed or follow the law and annul them, and there is no other alternative. So, based on the timing, the Committee is proposing an annulment."
},
{
"id": 1560685,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560685/?format=api",
"text_counter": 636,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "Articles 10 and 118 of our Constitution are clear that there has to be public participation in all matters that are of importance to the people. Section 5 of the Statutory Instruments Act also talks about the participation of the people. So, there was absolutely no evidence of any public participation or consultation between the Ministry and anyone on the matters contained in these regulations. So again, we felt that it offended the Statutory Instruments Act and the Constitution. Again, we have no alternative but to propose annulment."
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{
"id": 1560686,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560686/?format=api",
"text_counter": 637,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "The Statutory Instruments Act is clear about the amount that can be penalised within the confines of the Act, and the maximum allowed penalty is only Ksh1 million. These regulations are imposing a fine of Ksh3 million. That is way beyond what the Statutory Instruments Act can allow. The only way that the regulatory-making authority can penalise Ksh3 million is if they refer to any other law, and that must also be clearly indicated in the instrument that they present to the Committee. These regulations did not indicate where the Ksh3 million came from. Therefore, it is offensive to the Statutory Instruments Act, which clearly indicates the amount that can be penalised. Section 13 of the Statutory Instruments Act talks about the relevant considerations when the Committee is dealing with any statutory instrument. Section 13(h) states that any regulation that: “(h) is defective in its drafting or for any reason the form or purport of the statutory instrument calls for any elucidation.” Then it cannot be passed. We noticed that there were grey areas, yet the statutory instrument is supposed to give clarity. If they create a grey area, it offends Section 13(h). On the same relevant consideration, Section 13(m) says that no regulation shall be presented that: “(m) inappropriately delegates legislative powers.” Regulatory-making authorities have often been given powers to make regulations, but they go beyond the Parent Act and Constitution to create their own law. Only Parliament should make laws. That is why we felt these regulations overstep the mandate given to regulatory-making authorities. 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": 1560687,
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"text_counter": 638,
"type": "speech",
"speaker_name": "Kathiani, WDM",
"speaker_title": "Hon. Robert Mbui",
"speaker": null,
"content": "We beg the House to agree with the Committee and annul to allow the Ministry to go back to the drawing board and correct these errors as quickly as possible. They can then present proper regulations for us to pass. With those few remarks, I beg to move and request Hon. Charles Onchoke, Member of Parliament for Bonchari, to second. Thank you, Hon. Temporary Speaker."
},
{
"id": 1560688,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560688/?format=api",
"text_counter": 639,
"type": "speech",
"speaker_name": "Hon. David Ochieng’",
"speaker_title": "The Temporary Speaker",
"speaker": null,
"content": " Hon. Onchoke."
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{
"id": 1560689,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560689/?format=api",
"text_counter": 640,
"type": "speech",
"speaker_name": "Bonchari, UPA",
"speaker_title": "Hon. Charles Onchoke",
"speaker": null,
"content": " Hon. Temporary Speaker, I rise to second the Motion to adopt the Report of the Committee on Delegated Legislation on the Consideration of the Prevention of Terrorism (Implementation of The United Nations Security Council Resolutions on Prevention, Suppression and Disruption of Proliferation Financing) (Amendment) Regulations, 2024 I second. Thank you, Hon. Temporary Speaker."
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{
"id": 1560690,
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"text_counter": 641,
"type": "scene",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "(Question proposed)"
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"id": 1560691,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1560691/?format=api",
"text_counter": 642,
"type": "speech",
"speaker_name": "Bonchari, UPA",
"speaker_title": "Hon. Charles Onchoke",
"speaker": null,
"content": "Hon. Makali Mulu."
}
]
}