Gladys Jepkosgei-boss Shollei

All parliamentary appearances

Entries 151 to 160 of 308.

• 28 Aug 2018 in National Assembly: Hon. Speaker, I beg to move: THAT, this House adopts the Report of the Committee on Delegated Legislation on the Public Finance Management (Tourism Promotion Fund) Regulations, 2018 laid on the Table of the House on Thursday, August 23, 2018 and, pursuant to the provisions of section 15(1) of 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. view
• 28 Aug 2018 in National Assembly: and Standing Order 210 (4) (b), annuls in entirety the Public Finance Management (Tourism Promotion Fund) Regulations, 2018 via Legal Notice No.140/2018. The Committee on Delegated Legislation is established pursuant to the provisions of Standing Order No.210 and has the power to scrutinise and certify all regulations that are tabled before this House to ensure that they are in conformity with the Constitution of Kenya and all Acts of Parliament. Before I begin, let me join the others in congratulating you on your election as Chair of the Commonwealth Parliamentary Association (CPA). I noticed that when Hon. Junet requested that ... view
• 28 Aug 2018 in National Assembly: are purporting to create a Tourism Promotion Fund as an additional beneficiary of the Air Passenger Service Act. Apart from providing the amount to go to the KAA, it also proposes to give to the Tourism Promotion Fund 20 per cent of the resources collected from the charges that are levied on air passengers. It also purports to introduce an additional beneficiary through subsidiary legislation yet; this can only be done through substantive legislation, that is, an Act of Parliament. view
• 28 Aug 2018 in National Assembly: The Cabinet Secretary (CS) made the assumption that we would approve the regulations that create the Tourism Promotion Fund before they come before the House. I must say that whichever convoluted order in which regulations are brought, they are doomed to fail. Even if we pass them, they would not survive the court challenge. They would remain an illegality. Furthermore, Regulation 15 provides for an Oversight Board that may be established by the CS relating to this Tourism Promotion Fund. It also gives that Oversight Board the power to impose such penalties, including the suspension of the funding. However, the ... view
• 28 Aug 2018 in National Assembly: Hon. Speaker, Regulation 17 proposes to establish an Oversight Board to supervise the Fund. However, this is also inconsistent with the parent Act because it does not provide for a Board to be established at all. Furthermore, the establishment of the Board can only be done by an Act of Parliament, but not through subsidiary legislation. Section 13 of the Statutory Instruments Act provides that if there is anything that is better placed being enacted under an Act of Parliament, it should not be in the regulation. For that second reason, these regulations must be annulled because they fail the ... view
• 28 Aug 2018 in National Assembly: Having considered the regulations pursuant to the provisions of the Constitution, PFM Act, the Statutory Instruments Act and the Interpretation and General Provisions Act, the Regulations do not pass the scrutiny and certification test. Therefore, pursuant to Standing Order No. 210(4) (b) and Section 15 of the Statutory Instruments Act, the Committee recommends that the Public Finance Management (Tourism Promotion Fund) Regulations 2018 be annulled in its entirety for the afore-mentioned reasons. view
• 28 Aug 2018 in National Assembly: As I conclude, I wish to allay the fears of the House that the Committee on Delegated Legislation always annuls legislation which is brought before it. Those legislations that the Committee approves do not come before the House. For the record, since inception in December 2017, the Committee on Delegated Legislation has considered 60 pieces of legislation. It has approved 37 of them. It has also nullified in its entirety a total of 13 pieces of legislation. It has also annulled only one legislation in part. Two legislations became operational due to the lapse of time. Five of the wildlife ... view
• 28 Aug 2018 in National Assembly: Section 16 of the Statutory Instrument Act allows the regulatory-making authorities which are the ministries and State organisations to consult with the Committee prior to publishing the regulations. Our Committee encourages ministries to do this when they are in doubt. This will go a long way in saving the Government and the public service resources and time. It will ensure that public programmes do not stall due to annulment of regulations. Alternatively, ministries should choose the legal counsel whom they should engage very carefully. I do not blame the ministries but the legal advisors. When you bring regulations that contravene ... view
• 28 Aug 2018 in National Assembly: It is important for ministries to know that our Committee is lucky to have senior lawyers like Hon. Alice Wahome, who is one of the first in her time, Hon. Jennifer Shamalla, Hon. Njagagua, Hon. Murugara, Hon. Maanzo, Hon. Mariru and Hon. Wambugu. It also has very dedicated Members like Hon. Wangari, Hon. Mbui and Hon. Seroney, who are very keen about public participation. This is an aspect that was missing in this particular regulation. We also have the diligent and soft-spoken, Hon. Tim Wanyonyi, and Hon. Oundo, who have been very clear that they will not allow shoddy legislation ... view
• 28 Aug 2018 in National Assembly: I beg to move and kindly request my colleague who is a Member of the Committee and a formidable young woman, Hon. Martha Wangari, Member for Gilgil, to second this Motion. Thank you, Hon. Speaker. view