Farhiya Ali Haji

All parliamentary appearances

Entries 1431 to 1440 of 1656.

• 12 Mar 2019 in Senate: Thank you, Madam Temporary Speaker. I beg to move that The County Statutory Instruments Bill (Senate Bills No. 21 of 2018) be now read a Second Time. Article 185(1) and (2) of the Constitutions provides that:- “The legislative authority of a county is vested in, and exercised by, the county assembly. view
• 12 Mar 2019 in Senate: (2) The county assembly may make any laws that are necessary for, or incidental to, the effective performance of the functions and exercise the powers of the county government under the Fourth Schedule.” view
• 12 Mar 2019 in Senate: The important provision of Article 185 of the Constitution is that the power to make county laws vests exclusively on the county assemblies. However, it is a well- established principle in law-making that a legislature may be unable to enact a law that would be responsive to every present and future circumstances. It is in this context that the implementers of the legislation as such as the executive of an arm of Government are usually given powers to make subsidiary legislation. view
• 12 Mar 2019 in Senate: Madam Temporary Speaker, the legislature delegates its lawmaking powers to the executive and any other body charged with the implementation of the law. The delegation of lawmaking power, however, is coupled with the requirement that such powers must be exercised within the limits contemplated by the legislature in a principal Act. view
• 12 Mar 2019 in Senate: Therefore, a legislature must ensure that authority to make delegated legislation is exercised prudently by those given such powers. view
• 12 Mar 2019 in Senate: Currently, at the national level, the Statutory Instruments Act sets the procedure through which Parliament considers and approves statutory instruments. There is no law at the moment that provides for a similar process for county assemblies. view
• 12 Mar 2019 in Senate: This Bill seeks to provide procedure for considering statutory instruments by county assemblies. The salient provision of the Bill provides that all statutory instruments must be subjected to a provision that is proposed in a new law. In this respect, the Bill defines statutory instruments as:- “A rule, order, regulation, direction, form, tariff of cost or fees, letter, patent, commission, warrant, proclamation, resolution, guideline or other statutory instrument issued, made or established in the execution of power conferred by or under an Act of county assembly under which that statutory instrument or subsidiary legislation is expressly authorised to be issued.” ... view
• 12 Mar 2019 in Senate: Madam Temporary Speaker, the Bill requires that the statutory instrument regulation-making authority shall consult with the persons who are likely to be affected by the proposed instrument and invite members of the public to give their views within a prescribed period. view
• 12 Mar 2019 in Senate: The Bill requires the regulation-making authority prior to making the statutory instrument, to prepare a regulatory impact statement regarding the instrument if the proposed statutory instrument is likely to impose significant cost on the community or part of the community. view
• 12 Mar 2019 in Senate: In preparing the regulatory impact assessment, the regulation making authority is required to obtain independent advice as to the adequacy of the regulatory impact statement and of the assessment including in the statement in accordance with the guidelines. Madam Temporary Speaker, the Bill seeks to exempt certain types of statutory instruments from the requirement of preparation of regulatory impact assessment. These includes statutory instruments that deal with matters that are not of legislative character and do not operate to the disadvantage of any person. Enactment of statutory instrument should take into account the prevailing Kenyan legislative drafting practice in the ... view