27 Nov 2018 in National Assembly:
Upon review of the regulations against the Constitution, the Judiciary Fund Act No.16 of 2016, the Judiciary Service Act No.1 of 2011, the Public Finance Management Act, No.18 of 2012, the Statutory Instruments Act, No.23 of 2013 and the Interpretation and General Provisions Act, Chapter 2 which regulates the scrutiny and publication of regulations, the Committee observed as follows: 1. The regulations do not comply with the statutory timeline as per the Statutory Instruments Act. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor.
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27 Nov 2018 in National Assembly:
2. The regulations from the Judiciary are not exempt from scrutiny as contemplated in the Statutory Instruments Act. 3. The regulations are inconsistent with the patent Act and the Constitution. 4. The regulations are inconsistent with the Unclaimed Financial Assets Act, No.10 of 2011. 5. Diversion of funds from the Consolidated Fund is a substantive matter that may require a statute and cannot be done under a subsidiary regulation as these regulations attempt to do. 6. The regulations are inconsistent with the Constitution, the Judiciary Fund Act, 2016 and the Public Finance Management Act. I will briefly explain those reasons. ...
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27 Nov 2018 in National Assembly:
On the second point…
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27 Nov 2018 in National Assembly:
Thank you. I had already outlined the basis upon which the regulations stand nullified. The most important one was that there was an attempt by the Judiciary, in a letter sent to the Committee to indicate that they are exempt from coming before the Committee, but the law clearly states, and this is what the Committee found, that only those regulations that emanate from court orders from courts of a competent jurisdiction are exempt. The Judiciary, when publishing these regulations, the Chief Justice is not sitting as a court of competent jurisdiction, but is sitting as an administrator of the ...
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27 Nov 2018 in National Assembly:
I beg to move that these regulations be annulled in their entirety because of the reasons that I have outlined. As I sit, I would like to request Hon. Wilberforce Oundo, Member for Funyula, who is also a Member of the Committee, to second the Report.
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27 Nov 2018 in National Assembly:
Thank you. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor.
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27 Nov 2018 in National Assembly:
Thank you. Even as I reply, I thank all the Members who have contributed. I am amazed at how they quickly grasped the points and supported the Motion. I appreciate the Members of my Committee who have worked hard and are very meticulous. Hon. Timothy Wanyonyi. Hon. Daniel Maanzo Hon. Shamalla and Hon. (Dr.) Oundo have been very instrumental in looking at these key issues and I appreciate that they have taken this to heart. The Committee on Delegated Legislation touches people’s lives.
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27 Nov 2018 in National Assembly:
Sometimes Acts of Parliament can be abstract, but the Committee on Delegated Legislation is for their implementation. I always refer to the example which many people will understand. The Solar Energy Regulations were going to cost poor Kenyans a lot of money and they would be fined Kshs1 million and yet the houses they live in do not cost that much. So, regulations are important. I appreciate that Members are beginning to be active on this to ensure that Kenyans are protected. All points have been mentioned by the Members and I only The electronic version of the Official Hansard ...
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27 Nov 2018 in National Assembly:
want to emphasis that it is necessary for the regulation- making authorities to ensure that they familiarise themselves with the Statutory Instruments Act, also the Speakers’ rulings from the previous Parliaments and the 12th Parliament, so that they can know what is required of them. They should also read Committees’ reports.
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27 Nov 2018 in National Assembly:
I request the House to adopt this Report that annuls the Judicial Regulations in their entirety. Thank you, Hon. Temporary Deputy Speaker.
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