13 Mar 2019 in Senate:
Madam Temporary Speaker, even as we went for the Sixth Devolution Conference, I have seen many people saying that we need to review on how that Conference should be held. Secondly, there are so many proposals. Even as we head to the Legislative Summit, these are some of the laws that will enrich and allow our county assemblies to operate. We are building up some of these laws to ensure that we enrich devolution in some sense and allow the county assemblies to get the guiding principle in terms of their guiding policy and legislative agenda in the 47 county ...
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13 Mar 2019 in Senate:
autonomy of running resources and many other affairs, we need to ensure that we have legislative proposals or laws that are in place to enrich devolution. Therefore, even as we assist in enriching devolution, we want to see practical results at the grassroots level. Madam Temporary Speaker, there is a problem either with the Senate, the national Government or county governments, because what I saw in the Sixth Devolution Conference in Kirinyaga County is not an inspiration to most of the Kenyans across the country. It seems people are confusing devolution conference with a cultural event. Most of the things ...
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13 Mar 2019 in Senate:
I am so embarrassed by my own county because I was shocked. Some of those things are not supposed to be displayed in front of the camera because you can turn blind or some other things which I do not want to say in the Floor of the House can follow you.
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13 Mar 2019 in Senate:
So, I agree that we might have a few areas that such laws will come in place and assist. I want to make a few remarks because I want my colleagues to add to this. I will just go to Clause 5 that says “Before a regulation-making authority makes statutory instruments and in particular where the proposal is likely to have direct effect on business or strict competition, the regulation-making authority shall consult with persons who are likely to be affected by the proposed amendment and shall invite members of the public to give their views on the instrument within ...
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13 Mar 2019 in Senate:
judgment or legal jurisprudence that has been made in our courts is because of public participation. Madam Temporary Speaker, Clause 5 incompulates the spirit and substance and the letter of Article 10 on the aspect of public participation. Therefore, I agree that such decisions that are made, especially in consultation before making statutory instruments, is very important. Ignorance of the law is no excuse but we should make sure that we do proper procedures such that we do not face legal challenges after passage of such laws, regulations or even statutory instruments and principles. Therefore they must be looked at. ...
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13 Mar 2019 in Senate:
I have read the Bill, but I know that we will come to amendments. Clause 7(3) says:- The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate.
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13 Mar 2019 in Senate:
“The regulation-making authority shall, in preparing a regulatory impact statement, obtain independent advice as to the adequacy of the regulatory impact statement and of the assessment included in the regulatory impact Statement in accordance with the guidelines.” Therefore, the big question is this. You know that corruption is systemic; and it sometimes comes through the system. When you ask counties to look for somebody to give you independent advice, they are very good. That is why when you look at the proposed law on the creation of the Office of the County Attorney, we are trying to ensure that--- We ...
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13 Mar 2019 in Senate:
Madam Temporary Speaker, if you are getting independent advice, it will mean that you must consult, advertise and procure. We are aware that when you procure an independent or a private entity, the cost of providing that advice is not small. I do not want to cast aspersions, but Kenyans are aware that when you go to private hospitals and a doctor only asks you: “How are you feeling today;” you might be billed even Kshs5,000 at the end of the day. I agree that there should be independent advice, but let us use bodies like the Kenya Law Reform ...
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13 Mar 2019 in Senate:
Madam Temporary Speaker, I agree with Clause 7, on the notification of regulatory statements; that it is the same thing of public participation. It just says that the notice shall include this and that; it shall include a brief statement of policy objectives sought to be achieved by the proposed legislation; state whether the copy or the copies of the data may be obtained or inspected. In the spirit of article 35 and 34 of the Constitution; and media freedom and access to information, because we now have the Access to Information Act---. These are the things the Bill was ...
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13 Mar 2019 in Senate:
“A regulation making authority that intends
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