{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=153102","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=153100","results":[{"id":1549202,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549202/?format=json","text_counter":1128,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"So, you can see that the fundamental rights of many Kenyans were guaranteed under the old Constitution. However, you have a situation where your fundamental rights have been guaranteed, but you do not know how to approach the high court to enforce those rights. Why? The CJ then had not gazetted the regulations under the old Constitution. This is repeated with Ministers. However, the worst case scenario is that you will find that it is the same Ministers, who, when they do not want a law to function and the law has made it clear that there must be regulations from the Minister, then, they do not make it effective. What this amendment is doing to the Statutory Instruments Act is that we are taking back that power. We are saying you are supposed to do it within a"},{"id":1549203,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549203/?format=json","text_counter":1129,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1549204,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549204/?format=json","text_counter":1130,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"certain period. If it is not provided, you are supposed to do it within 12 months. If it is not done, any person who is affected by that law can come and table regulations. The power that used to be with Ministers or any regulations-making authorities is now taken away."},{"id":1549205,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549205/?format=json","text_counter":1131,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"We are saying through this National Dialogue Committee (NADCO) Bill that Kenyans are saying that when their parliamentarians, Senators, National Assembly Members or county assembly members pass laws, they expect the County Executive Committee Members (CECMs) and the Cabinet Secretaries (CSs) to make those laws functional."},{"id":1549206,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549206/?format=json","text_counter":1132,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"I fully support what this law is intended to achieve. Maybe I should take this opportunity to tell the regulations making authorities that when they are making these regulations, again, we do not give them absolute power. The power that the people of Kenya have given us is to make laws on their behalf. There are processes that go on here. We have to advertise, take the views of Kenyans and do a lot of processes before we have the law in place. We have to go through a lot of processes before a legislation becomes a law. We have to debate, agree, disagree and negotiate until the general will of the people is expressed in a piece of legislation. So, when you are given that regulation-making authority, you are not supposed to exercise absolute powers. I want to say here that ministers, both at the county level and at the national level, must know that the power to make regulations is not absolute power. They must know that the power is with the county assembly, the National Assembly and the Senate. That is where the Constitution has said the power to make law belongs. So, when you make these laws, there are two fundamental things that you must do. When you appear before the Senate Committee on Delegated Legislation, which I belong to, we expect that in exercise of those powers, you have done public participation first. You cannot bring or propose milk regulations, any crop regulation for example,"},{"id":1549207,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549207/?format=json","text_counter":1133,"type":"scene","speaker_name":"","speaker_title":"","speaker":null,"content":"miraa"},{"id":1549208,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549208/?format=json","text_counter":1134,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"regulations, without public participation. There must be public participation. You must demonstrate to the committees that you did public participation. Do not run to just go and gazette these regulations that are affecting people and you have not done public participation. For example, if you are making regulations on how Public Service Vehicles should operate and you have not sat with Matatu Owners Association; you have not sat with the conductor; you have not sat with the banks that are sponsoring these people; you have not sat in brief with even police officers, traffic officers, stakeholders; and you have not consulted them--- You have not done any public participation including passengers who regularly use those vehicles. So, then you sit in your office there and make a regulation that makes absolutely no sense. If the regulations in the Social Health Authority (SHA), for example, and the regulations in all these new laws that have been a subject of much debate in this country, had gone through the proper processes, bring the hospital owners, the private owners, the public owners, patients and professionals. I mean not just doctors alone; there are nurses,"},{"id":1549209,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549209/?format=json","text_counter":1135,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."},{"id":1549210,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549210/?format=json","text_counter":1136,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"clinical officers, and lab technicians. Bring them. There are insurance players; let people talk and agree on these regulations. You do not sit in your offices and publish regulations without doing public participation. I am not just talking about at the national level, but even at the county level. For example, the County Executive Officers (CEO) in Tana River County, when they are passing regulations that are going to affect people in the market, even after the county assembly has passed the County Finance Bill; they must sit down with business people to agree on the charges. How much are we going to charge for mangoes? What about the fish? Why should Lamu County be charging so much less than Tana River County when we are just next to each other on the sea? Then you sit in the office and you are only thinking about the money. You have not talked to the fishermen or the beach management units. You have not consulted with even the potential markets and then you drive all the business to the next county because you are not consulting. You sit in your offices and make regulations that do not make sense, regulations that end up killing business within the county. It has become so expensive to transport produce out of the county into the market as opposed to neighbouring counties in Tana River County because the ministers do not sit down with stakeholders; they do not sit down with the farmers; they do not sit down with the markets; they do not sit down with the lorry transporters. Public participation has been ignored not just at the national level but even at the county level. The County Executive Committee Members (CECMs) are assuming that because they have these powers they can do anything to the people because the law has been passed by the county assembly or it has been passed by the Senate and they want to make the regulations and then they make ridiculous regulations. Then they start playing cat and mouse games with delegated legislation committees of both Houses at the National Assembly and the Senate and even at the county levels. Sometimes, they try to manipulate, especially at the county level so that people are then robbed of the benefit of public participation. So, as we discuss this Statutory Amendment Bill, it is good information to the Cabinet Secretaries who are listening to me and to CECMs who are sitting, maybe listening to me that you must do public participation before you carry out regulation- making decisions. Secondly, there must be a regulation impact report. This regulation impact assessment report must accompany a report of public participation. This is why the Delegated Legislation Committees scrutinize whether you have misused those powers that were donated to you by the assembly or you have utilized those powers properly. It is very logical if you say that from today, you are going to only allow 20 kilogrammes to be packed as maize bags as opposed to the normal 50 kilogrammes, you must know that the market is going to be affected by those regulations. You must know that the customers who are used to trading in a certain way and are used to these packages; they are they are going to be affected by those new regulations. You must surely know that the people who buy the people who sell, even those guys who carry"},{"id":1549211,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1549211/?format=json","text_counter":1137,"type":"speech","speaker_name":"Sen. Mungatana, MGH","speaker_title":"","speaker":null,"content":"The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."}]}