Farhiya Ali Haji

All parliamentary appearances

Entries 1521 to 1530 of 1656.

• 27 Nov 2018 in Senate: Mr. Temporary Speaker, Sir, the purpose of the Bill is to amend the Statutory Instruments Act in order to expressly include the Senate in the statutory instrument scrutiny process. As part of Parliament, the Senate of Kenya has a role in making the laws of Kenya, which includes statutory instruments. Excluding the Senate in such an important aspect of law making would deny counties the right to be represented. view
• 27 Nov 2018 in Senate: My Committee brought this discussion to this House sometime back. What happens is that, ordinarily, the statutory instruments would be introduced to both Houses and both Clerks. After that, the Clerks determine whether they are relevant for the Senate or the National Assembly. In this case, what the National Assembly amended in this Act is that all the statutory instruments should be taken to the National Assembly. Who determines what goes to the Senate? That means that it is the National Assembly to determine for us what comes to our House. view
• 27 Nov 2018 in Senate: In this same House, we agreed that, that was not in order. In the first place, there was a procedural error because when that happened, the amendment happened because it affected both Houses. Consequently, the amendments should have come to this House, which did not happen. The amendment was only taken to the National Assembly and it was assented to. In response to that, we are trying to correct the anomaly, as a Committee, to ensure that the right thing happens. view
• 27 Nov 2018 in Senate: Mr. Temporary Speaker, Sir, Article 94(1) of the Constitution provides that- view
• 27 Nov 2018 in Senate: “The legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament.” Similarly, Article 94(5) of the Constitution provides that- 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. view
• 27 Nov 2018 in Senate: “No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under the authority conferred by this Constitution or by legislation.” The import of those provisions of the Constitution is that Parliament has the sole prerogative to make law. Therefore, Parliament may, in certain instances, delegate its law making power to another authority; for instance, a Cabinet Secretary (CS). view
• 27 Nov 2018 in Senate: Once the power to make the law has been delegated, it is still incumbent upon Parliament to ensure that the delegatee exercises this power in a manner which it was intended. The Statutory Instruments Act, therefore, provides for this process through Parliament. Presently, however, Section 11 of the Statutory Act provides that- view
• 27 Nov 2018 in Senate: “Every Cabinet Secretary responsible for regulation-making authority shall within seven (7) sitting days after the publication of the statutory instrument, ensure that a copy of statutory instrument is transmitted to the responsible Clerk for tabling before the relevant House of Parliament.” view
• 27 Nov 2018 in Senate: Mr. Temporary Speaker, Sir, in Clause 11(2) of the Statutory Instruments (Amendment) Bill, 2018 says that- “Notwithstanding subsection (1) and pursuant to the legislative powers conferred on the National Assembly under Article 109 of the Constitution, all regulation-making authorities shall submit copies of all statutory instruments for tabling before the National Assembly.” That is what it reads. view
• 27 Nov 2018 in Senate: Mr. Temporary Speaker, Sir, the law is ambiguous in its current form as it does not clearly state the statutory instrument that shall be considered by the Senate and the National Assembly. It says that all the statutory instruments should be tabled in the National Assembly and then it says ‘in the respective House.’ Therefore, one is left to wonder who decides which statutory belongs where. If all of them are tabled in the National Assembly and not in the Senate, we are then leaving that power to the National Assembly. As a result of that, counties will lose the ... view