14 Aug 2018 in National Assembly:
The regulations were not accompanied by an explanatory memorandum as required by the Statutory Instruments Act, Section 11. In the absence of the memorandum, it is not possible for the Committee to analyse the extent of public participation or the level of consultation conducted with members of the public in order to test the viability and the practicability of these regulations.
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14 Aug 2018 in National Assembly:
The regulations were not accompanied by an explanatory memorandum as required by the Statutory Instruments Act, Section 11. In the absence of the memorandum, it is not possible for the Committee to analyse the extent of public participation or the level of consultation conducted with members of the public in order to test the viability and the practicability of these regulations.
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14 Aug 2018 in National Assembly:
Hon. Deputy Speaker, the regulations also provide for a fine of Kshs1 million shillings, which contravenes the Statutory Instruments Act which states that: “The amount provided in the regulation should not exceed a maximum of Kshs20,000 or a prison term not exceeding six month as set out in the Statutory Instruments Act.” Anything beyond that should be in a parent statute or an Act of Parliament. Hon. Deputy Speaker, Section 13 of the Statutory Instruments Act provides that regulations delegated cannot impose a fine, imprisonment or a penalty. That also goes beyond the enabling and parent Act of Parliament. In ...
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14 Aug 2018 in National Assembly:
Hon. Deputy Speaker, the regulations also provide for a fine of Kshs1 million shillings, which contravenes the Statutory Instruments Act which states that: “The amount provided in the regulation should not exceed a maximum of Kshs20,000 or a prison term not exceeding six month as set out in the Statutory Instruments Act.” Anything beyond that should be in a parent statute or an Act of Parliament. Hon. Deputy Speaker, Section 13 of the Statutory Instruments Act provides that regulations delegated cannot impose a fine, imprisonment or a penalty. That also goes beyond the enabling and parent Act of Parliament. In ...
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14 Aug 2018 in National Assembly:
Hon. Deputy Speaker, the Statutory Instruments Act, Section 6 requires that the regulation making authority, in this case the ERC should prepare a regulatory impact assessment. This statement is expected to lay out the socio-economic impact that the regulations should have. The reading of these regulations from the outset as we have laid out would affect a considerable number of households especially in urban areas and cities, along with institutions where our children go to school. It would impose a significant cost on society, including parents who pay boarding facilities, school fees and the tenants who have to pay rent.
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14 Aug 2018 in National Assembly:
Hon. Deputy Speaker, the Statutory Instruments Act, Section 6 requires that the regulation making authority, in this case the ERC should prepare a regulatory impact assessment. This statement is expected to lay out the socio-economic impact that the regulations should have. The reading of these regulations from the outset as we have laid out would affect a considerable number of households especially in urban areas and cities, along with institutions where our children go to school. It would impose a significant cost on society, including parents who pay boarding facilities, school fees and the tenants who have to pay rent.
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14 Aug 2018 in National Assembly:
Hon. Deputy Speaker, pursuant to Section 13 of the Act which allows the Committee to consider any other grounds during scrutiny, it was the Committee’s contention that the implementation of the regulations would be punitive to landlords, tenants and persons occupying their own premises as the installation of solar energy is cost prohibitive .
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14 Aug 2018 in National Assembly:
Hon. Deputy Speaker, pursuant to Section 13 of the Act which allows the Committee to consider any other grounds during scrutiny, it was the Committee’s contention that the implementation of the regulations would be punitive to landlords, tenants and persons occupying their own premises as the installation of solar energy is cost prohibitive .
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14 Aug 2018 in National Assembly:
It is also not a basic requirement considering that the country has had a very big programme of ensuring that electricity gets to every household. Therefore, the public would be over-burdened and would negatively affect the Government’s agenda for affordable housing. It is also not practical to operationalise and monitor implementation as installing the appliances alone may not be tantamount to using them for hot water. Neither is the number of bedrooms in a house a reflection of the amount of cold or hot water that the householders use. It is, therefore, ambiguous and regulations in vain that are incapable ...
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14 Aug 2018 in National Assembly:
It is also not a basic requirement considering that the country has had a very big programme of ensuring that electricity gets to every household. Therefore, the public would be over-burdened and would negatively affect the Government’s agenda for affordable housing. It is also not practical to operationalise and monitor implementation as installing the appliances alone may not be tantamount to using them for hot water. Neither is the number of bedrooms in a house a reflection of the amount of cold or hot water that the householders use. It is, therefore, ambiguous and regulations in vain that are incapable ...
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