Gladys Jepkosgei-boss Shollei

All parliamentary appearances

Entries 121 to 130 of 308.

• 30 Aug 2018 in National Assembly: Yes, it is under that. The main statute is the Air Passenger Service Charge Act. You are correct. view
• 30 Aug 2018 in National Assembly: Hon. Deputy Speaker, I will repeat that for the Hansard record. I beg to move the following Motion: THAT, the House adopts the Report of the Committee on Delegated Legislation laid on the Table of the House on Thursday, 23 August 2018, and pursuant to the provisions of the Statutory Instruments Act… view
• 30 Aug 2018 in National Assembly: Yes, I will. Hon. Deputy Speaker, I beg to move the following Motion: THAT, the House adopts the Report of the Committee on Delegated Legislation on the Air Passenger Service Charge Act (Apportionment) Order, 2018, laid on the Table of the House on Thursday, 23 August 2018, and pursuant to the provisions of Section 15(1) of the Statutory Instruments Act and Standing Order 210(4)(b), annuls in its entirety the said Regulation. The Air Passenger Service Charge Act (Cap 475 of the Laws of Kenya), specifically Section 3(3) provides that all proceeds of the charge imposed under this Section shall be ... view
• 30 Aug 2018 in National Assembly: apportioned between the Kenya Airports Authority (KAA) and the Kenya Civil Aviation Authority (KCAA). view
• 30 Aug 2018 in National Assembly: Thank you, Hon. Deputy Speaker. I will continue from where I was. I was just laying the foundation for the reasons for annulment. Hon. Deputy Speaker, I stated that Section 33 of the Air Passenger Service Charge Act Cap.475 provides that all proceeds of the charge imposed under the section shall be apportioned between the Kenya Airports Authority (KAA) and the Kenya Civil Aviation Authority (KCAA) in such manner as the Cabinet Secretary may, in a notice in the Kenya Gazette, specify. In exercise of these powers, the CS for the National Treasury published these regulations of the Air Passenger ... view
• 30 Aug 2018 in National Assembly: This particular Order or regulation seeks to introduce the Tourism Promotion Fund as an additional beneficiary of the Air Passenger Service Charge collected under the Air Passenger Service Charge Act. Section 3(1) also provides that the proposed Fund receives 20 per cent of the resources collected under this Act. The effect of these regulations is to introduce a third beneficiary. This is where the Committee had a problem with. The fact is that the law is very clear. It only identifies two beneficiaries which are the KAA and the KCAA. Therefore, introducing a third beneficiary is in contravention of the ... view
• 30 Aug 2018 in National Assembly: For that reason, these regulations are inconsistent and, therefore, void. In fact, if we had approved these regulations, it would have been tantamount to amending an Act of Parliament through a regulation, which is contrary to the law. The second reason for annulment is that an order or a regulation cannot apply retrospectively. The Finance Bill 2018, under Clause 56, contains a proposed amendment to the Air Passenger Service Charge Act to include the Tourism Promotion Fund as one of the beneficiaries. However, this amendment has not yet passed. If the CS for the National Treasury would like this amendment ... view
• 30 Aug 2018 in National Assembly: The third and last reason is that there was lack of public participation. Section 11(1) of the Statutory Instruments Act requires that when the regulations are submitted to the National Assembly, they must be accompanied by an explanatory memorandum of the manner and the level in which consultations and public participation were undertaken. This is not only a requirement of the Statutory Instruments Act, but also in the spirit of the Constitution in Articles 10 and 118. view
• 30 Aug 2018 in National Assembly: Hon. Deputy Speaker, in concluding, we did find, as a Committee, that it was a little perturbing that the CS would publish regulations that have not undergone public participation. You must recall that there has also been a pronouncement by the courts that this is necessary during regulation-making process. Having considered the Order, pursuant to the provisions of Article 94(6) of the Constitution, the Air Passenger Service Charge Act, the Statutory Instruments Act and the Interpretation and General Provisions Act, which the regulation-making authority presented The electronic version of the Official Hansard Report is for information purposes only. Acertified version ... view
• 30 Aug 2018 in National Assembly: before us, after conferring with the regulation-making authority and having considered all the above laws, the Committee recommends to this House that the Air Passenger Service Charge Act (Apportionment) Order, 2018 be annulled in its entirety for those reasons. In conclusion, I thank the Members of my Committee. As you know, any matters relating to the National Treasury only have a 15-day window within which we must dispense with them. It took a lot of hard work on their part in order for us to complete this on time. I beg to move and request Hon. Daniel Maanzo, Member for ... view