4 Dec 2018 in Senate:
Madam Temporary Speaker, on reporting the activities of the Committee, I wish to provide the details of each activity as follows. The following Statutory Instruments were considered by the Committee. One, Traffic (Driving Schools and Driving Instructors)Rules 2018. The authority giving the regulations is the Ministry of Transport, Infrastructure, Housing and Urban Development and the National Transport and Safety Authority (NTSA). The legal status of publication is LM81/2018 on 26th April, 2018. It was tabled in this House on 31stJuly, 2018 and the deadline for submission was 8th November, 2018. The status is that the Committee met and directed that ...
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4 Dec 2018 in Senate:
7th December, 2017. The deadline was 30th June, 2018 and the Committee approved this regulation on 16th May, 2018. Madam Temporary Speaker, the fifth regulation that we considered was the Land Registration Units Order 2017, by the Ministry of Lands. It was published on 22ndJanuary, 2017 and tabled in this House on 7th December, 2017, with the deadline being 30th June, 2018. It was approved by 16th May, 2018. Madam Temporary Speaker, the other activity we did was statutory instruments for pre-publication scrutiny and we handled three of them. The first was the Intergovernmental Alternative Dispute Resolution (ADR) Regulations 2018 ...
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4 Dec 2018 in Senate:
Committee on Delegated Legislation visited on 21st November, 2018 and the Kisii County Assembly Committee on Delegated Legislation visited on 28th November, 2018. Given that this Committee does not do Bills and stuff like that, we do not carry out any public participation. However, we had a challenge where we thought what was adequate in terms of public participation in our review of statutory instruments that came to our attention. It was the Committee‟s observation that there is no clear framework in terms of what constitutes sufficient threshold for public participation. We recommend that Parliament should fast-track the enactment of ...
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4 Dec 2018 in Senate:
There were two stakeholder engagements that we did. As already mentioned, there was the one with the Ministry of Devolution and ASAL Areas, which was reviewing of Alternative Dispute Resolution (ADR). The other one was with the Law Society of Kenya (LSK) on the need to involve Parliament in the work of LSK, the need for the Committee to pay close attention to the concept of public participation in law making, collaboration between the Judiciary and Parliament in regulation making and the need to provide a legal framework that allows Kenyan lawyers to practice within the East Africa Community (EAC). ...
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4 Dec 2018 in Senate:
We did county visits as well. We visited Trans Nzoia, West Pokot, Busia and Bungoma counties. We had discussions on issues that are impacting in the Committee. There is a second round visit, which we intend to have in April. The counties include Homa Bay, Kisii, Migori and Nyamira. We also want to have a workshop with the county assemblies‟ chairpersons of the committees on delegated legislation in May 2019. The activity will bring all the respective chairpersons and vice chairpersons from all the 47 counties. We will also have the Regulatory Impact Assessment Training for the Members of the ...
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4 Dec 2018 in Senate:
Madam Temporary Speaker, I am almost done; I am on the second-last page. The Regulatory Impact Assessment Training for the Members of the Committee on Delegated Legislation will take place in November, 2019. This activity involves training of five Committee members and two officers.
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4 Dec 2018 in Senate:
The challenges that the Committee faced include the lack of funding and delays in Exchequer releases. Our recommendation is that Parliament should consider revisiting current guidelines relating to Exchequer releases, with the aim of providing for an effective and efficient mechanism that ensures that the activities of the Committee are funded throughout the financial year.
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4 Dec 2018 in Senate:
Another challenge we had was lack of clear feedback from the ministries on processing regulations after pre-publication scrutiny. Our recommendation is that Parliament should consider introducing an amendment to The Statutory Instruments Act of 2013 that provides for---
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4 Dec 2018 in Senate:
Thank you, Madam Temporary Speaker. There was lack of legal and institutional framework on public participation, which as I have already mentioned, can be solved by fast-tracking of the Bill that is in Parliament. The other challenge is that the power allowing the regulatory making authority to gazette or publish regulation before seeking approval of Parliament gives the regulatory making bodies the incentive to ignore Parliament‟s approval. Parliament should consider introducing stringent requirements that obligate the regulatory making authority to forward the regulation to Parliament before gazettement or publishing. The last challenge is that sometimes the Committee lacks quorum. Perhaps, ...
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4 Dec 2018 in Senate:
Thank you, Madam Speaker. One of the amendments that are on the Floor of this House as mentioned by Sen. (Eng.) Hargura, it is that the National Assembly actually wants to take away our role. 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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