Charles Muriuki Njagagua

All parliamentary appearances

Entries 11 to 20 of 345.

• 10 Feb 2022 in National Assembly: LN. No.149 of 2016, published in the Kenya Gazette on 16th August 2016 were submitted in the National Assembly and a further letter dated 16th September 2021 from the Open forum on Agriculture Biotechnology in Africa (OFAB), inviting the Select Committee on Delegated Legislation to consult, confer and deliberate on the matter. Hon. Temporary Deputy Speaker, the Committee, pursuant to Section 12 (2) of the Statutory Instruments Act, 2013 may scrutinise instruments published at any time, including instruments published prior to the commencement of the Act. The Committee, pursuant to Section 16 of the Statutory Instruments Act, held a meeting ... view
• 10 Feb 2022 in National Assembly: Following a comprehensive scrutiny of the Environmental (Impact Assessment and Audit) (Amendment) Regulations 2016, the Committee observed that Section 147 (1) of the EMCA provides that the Cabinet Secretary may, on the recommendation of the Authority and upon consultation with the relevant lead agencies, make Regulations. The enactment clause of the Regulations has no mention of any recommendation of the Authority or consultation with the lead agencies and the same is not demonstrated. This infringes Article 259 (11) of the Constitution, which requires mandatory recommendations or consultations with other institutions when so required under a statute, and which must be ... view
• 10 Feb 2022 in National Assembly: Also, contrary to the requirements set out in Sections 11 (1), 12 (1) and (2) of the Statutory Instruments Act (No.23 of 2013), the Regulations published as LN No 149 of 2016 were not submitted to, and were not tabled in the National Assembly. This implies that it ought to have ceased to have effect on the last day for it to be so laid, hence lapsed by operation of law. view
• 10 Feb 2022 in National Assembly: The Ministry and the NEMA did not conduct public participation as required under Articles 10 and 118 of the Constitution and Sections 5, 5A and the Schedule to the Statutory Instruments Act as read together with the Environmental Management and Coordination Act, 1999. So, contrary to Section 11(2) of the Statutory Instruments Act, there was no explanatory memorandum due to the Regulations providing for the purpose of the statutory instrument and the legislative context, policy, or background. There were no consultations on its impact on fundamental rights and freedoms, modalities of monitoring and review, all of which would have guided ... view
• 10 Feb 2022 in National Assembly: No.23 of 2013 and the Environmental Management and Coordination Act No.8, the Committee recommends that the House annuls, in its entirety, the said statutory instrument for non- compliance. Hon. Temporary Deputy Speaker, I beg to move and ask Hon. (Dr.) Oundo to second the Report. view
• 10 Feb 2022 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. This was very short, but expected. As you have heard from those who have spoken to this Motion, there was no public participation and the lead agencies were never consulted. The people who would be affected by these Regulations were never consulted. It goes without saying that even Members of Parliament know that nothing was done by the regulatory authority. As such, we agree that these Regulations should be annulled in their entirety. I beg to reply. view
• 3 Feb 2022 in National Assembly: Thank you, Hon Speaker. I would not have put it any better than what my Chairman has said. The gist of this Motion is the Biashara Fund that the Government wanted to create to amalgamate the Uwezo Fund, the Women Enterprise Fund and the Youth Enterprise Fund. You will appreciate that these are Funds that are meant to cater for the ordinary mwananchi in the village. The Uwezo Fund is overseen by the Members of Parliament, but the Executive in its wisdom or lack of it, desired to collapse these three Funds into one known as the Biashara Fund. The ... view
• 3 Feb 2022 in National Assembly: In our submissions, we thought that they were outrightly either ignoring the Committee and Parliament for that matter, or they were actually not interested in pertinent issues raised by Members. In short, we realised that there was minimal public participation. The only body that 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. view
• 3 Feb 2022 in National Assembly: they quoted having consulted was the Committee on Delegated Legislation. These are Funds that will impact on many Kenyans; Women, Youth and Persons with Disabilities (PWD), yet they did not care to consult them. This is a clear contravention of the Constitution, which behooves that anybody making regulations must particularly consult the people who will be affected by them; but they found it unnecessary to consult or get input from these people. Having come to that conclusion, we found out that the Executive really wanted to cut out Members of Parliament from running these Funds. Therefore, without having consulted widely, ... view
• 3 Feb 2022 in National Assembly: Thank you, Hon. Temporary Deputy Speaker. I rise to second the Committee’s Report on its consideration of the Crops (Fibre Crops) Regulations, 2020 (Legal Notice No.120 of 2020). The main purpose of this Committee is to check the excesses of the Executive. Once we pass general pieces of legislation in this House, the Executive is given the work to prepare Regulations, but in many occasions, you find that whatever regulations are prepared are contrary to the mother Acts and the Constitution. You will appreciate that there is a constitutional provision that says that any regulation-making authority must consult the public. ... view