{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=139911","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=139909","results":[{"id":1415511,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415511/?format=json","text_counter":256,"type":"speech","speaker_name":"Ainabkoi, UDA","speaker_title":"Hon. Samwel Chepkong’a","speaker":null,"content":" Thank you very much, Hon. Temporary Speaker. The import of this Bill is to resuscitate all the regulations that expired through the effluxion of time. It is bad practice for regulations to expire through effluxion of time, but not pursuant to events. The parent Acts or legislations that created them are still in existence. They have not been reviewed. Why should they lapse on account of passage of time? That is not a good law. Laws must follow events. Something must happen for them to expire. If the parent Act is reviewed, they can also be reviewed. If the parent Act has not been amended, why should the regulations lapse because of the passage of time? Hon. Temporary Speaker, the Committee examined these proposed amendments as contained in the Bill. We conducted public participation. The Attorney-General and the Kenya Law Reform Commission (KLRC) appeared before the Committee. We received very important and significant contributions from them. As a consequence, we have proposed to move certain amendments to clean the Bill. The main objective of the Bill is to regularise the regulations that have lapsed. Secondly, it will ensure that when a regulatory-making authority fails to submit regulations to the National Assembly within seven days, they will be deemed to be a nullity. Therefore, it is expected to gazette that they have become a nullity. The National Assembly will also gazette or publish in its website that they are a nullity because they have not been brought to the House. 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":1415512,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415512/?format=json","text_counter":257,"type":"speech","speaker_name":"Ainabkoi, UDA","speaker_title":"Hon. Samwel Chepkong’a","speaker":null,"content":"The Statutory Instruments Act prescribes that all regulations should provide a penalty for their breach of not more than Ksh20,000 or imprisonment of not more than six months. The law is expected to be a deterrent. It is not supposed to be friendly. This ensures that when you breach it, you face consequences for your bad behaviour. We are proposing amendments to enhance the current penalty of Ksh20,000, which everybody can afford. Most of the people who breach the law pertaining to regulations are statutory bodies. We are seeking to increase the penalties from Ksh20,000 to a maximum of Ksh1 million, and imprisonment of not more than five years. This will ensure that if one breaches the legal requirements pertaining to regulations, one faces serious consequences. Hon. Temporary Speaker, these are the major amendments that we have proposed in this Bill. We will introduce the other amendments later. As I said earlier, this matter had been deliberated and passed in this House. We are going through it for the second time. With those remarks, I beg to move and request Hon. Baya to second."},{"id":1415513,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415513/?format=json","text_counter":258,"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. Baya Owen."},{"id":1415514,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415514/?format=json","text_counter":259,"type":"speech","speaker_name":"Kilifi North, UDA","speaker_title":"Hon. Owen Baya","speaker":null,"content":" Hon Temporary Speaker, I beg to second the Statutory Instruments (Amendment) Bill (National Assembly Bill No.3 of 2024)."},{"id":1415515,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415515/?format=json","text_counter":260,"type":"speech","speaker_name":"Kilifi North, UDA","speaker_title":"Hon. Owen Baya","speaker":null,"content":"I would also like to thank the Committee led by Hon. Chepkong’a, and any other person who was involved in ensuring that this Bill is before the House today. That was a remarkable job."},{"id":1415516,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415516/?format=json","text_counter":261,"type":"speech","speaker_name":"Kilifi North, UDA","speaker_title":"Hon. Owen Baya","speaker":null,"content":"The Bill seeks to amend the provisions of the Statutory Instruments Act, 2013 to streamline them with the Constitution and ensure better application of the said provisions. The Bill seeks to do two related things to Section 11 of the Statutory Instruments Act, 2013, by inserting new sub-sections immediately after Section 11(4). This amendment seeks to provide that where a regulation-making authority fails to submit a statutory instrument in accordance with sub-section (1), the Committee shall require the regulation-making authority to submit the statutory instruments to Parliament within seven days from the date of the resolution by the Committee. That is one key fundamental amendment."},{"id":1415517,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415517/?format=json","text_counter":262,"type":"speech","speaker_name":"Kilifi North, UDA","speaker_title":"Hon. Owen Baya","speaker":null,"content":"Clause 2(6) provides that, notwithstanding sub-sections (4) and (5), Parliament may, where a statutory instrument ceases to have effect in accordance with sub-section (4), notify the public in the parliamentary website. Hon. Chepkong’a has ably elucidated on that."},{"id":1415518,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415518/?format=json","text_counter":263,"type":"speech","speaker_name":"Kilifi North, UDA","speaker_title":"Hon. Owen Baya","speaker":null,"content":"Clause 3 of the Bill seeks to amend Section 12 of the principal Act by proposing the deletion of sub-section (3). This is to align the Act with the constitutional provision on Parliament’s power to delegate its legislative-making authority as per Article 94(5) of the Constitution. The Committee Report proposes that Clause 3 be amended by deleting and substituting it with a new clause."},{"id":1415519,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415519/?format=json","text_counter":264,"type":"speech","speaker_name":"Kilifi North, UDA","speaker_title":"Hon. Owen Baya","speaker":null,"content":"Clause 4 seeks to amend Section 14 of the Statutory Instruments Act, 2013 by inserting the words “recommend to the House to” immediately after the words “the Committee may”. This is to ensure that whenever the Committee recommends for an exemption of a statutory instrument from scrutiny, the exemption may only be done subject to the approval by the House."},{"id":1415520,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1415520/?format=json","text_counter":265,"type":"speech","speaker_name":"Kilifi North, UDA","speaker_title":"Hon. Owen Baya","speaker":null,"content":"Lastly, if you continue to indulge me, this Bill seeks to amend Section 19 of the Statutory Instruments Act, 2013 by deleting and substituting the same with a new section. The amendment provides that where Parliament has adopted a report or a resolution that a statutory instrument be annulled– 1. the instrument shall stand annulled; and, 2. the Clerk of the relevant House shall publish the annulment in the parliamentary website and shall convey the resolution of the House to the regulation-making authority. 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"}]}