Gladys Jepkosgei-boss Shollei

All parliamentary appearances

Entries 251 to 260 of 308.

• 21 Jun 2018 in National Assembly: The other regulation was Regulation 24 which seeks to regulate the prospect of mining on community land. It contravenes Section 13 which requires that instruments should not make some unusual or unexpected use of powers that are conferred by the Constitution or an Act of Parliament to a different body. Therefore, the Committee observed that Regulation 24 goes beyond the mandate of the Lands Act and matters that deal with community land. It ventures into the regime of natural resources which is outside its mandate. Having considered the above issues, the Committee recommends that pursuant to Standing Order No. 210(4)(b) ... view
• 21 Jun 2018 in National Assembly: As I conclude, I wish to thank the Members of my Committee for their very hard work and exceptional commitment. I wish to confirm that my Committee has no backlog despite inheriting 28 pieces of legislation from the 11th Parliament. We have been able to keep up to date with all the pending regulations. view
• 21 Jun 2018 in National Assembly: I beg to move this brief Motion. I would like to kindly request Hon. Daniel Maanzo who is a Member of the Committee on Delegated Legislation to second the Motion. Thank you, Hon. Speaker. view
• 21 Jun 2018 in National Assembly: Hon. Speaker, I thank the Members who have contributed to this Motion. I also appreciate the support that they have given the Motion. It goes to say that Members of my Committee have looked thoroughly at this legislation. We do not take our work lightly. We have made sure that the regulation-making authorities follow the Constitution and also take seriously the parent statutes that make them. With that, I beg to reply. view
• 21 Jun 2018 in National Assembly: Hon. Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Public Finance Management (Senate Monitoring and Evaluation) Regulations 2018, laid on the Table of the House on Thursday, 26th April 26 2018, and pursuant to the provisions of Section 18 of the 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
• 21 Jun 2018 in National Assembly: Statutory Instruments Act and Standing Order 210 (4)(b), annuls in entirety the said Regulations. As already indicated, the Committee undertook its task as provided for in Standing Order No. 210. It is important for this House to note that if the Committee considers the Regulations brought before it and it does not allow them or consider them within the stipulated time, they have the effect of law. Therefore, the Committee has been working extremely hard to ensure that we do not get regulations become effective by default. These Regulations on this item were published in exercise of the powers conferred ... view
• 21 Jun 2018 in National Assembly: the PSC complied with Section 11(1) and actually submitted the Regulations to the Committee within the stipulated period. We cannot fault them along that. However, the Regulations are inconsistent with Section 205 of the Public Finance Management Act 2012. This section empowers the Cabinet Secretary to make regulations pursuant to the PFM Act. Therefore, the PSC cannot make regulations pursuant to the PFM Act as it lacks the power to do so. To this end, the Regulations therefore, were contrary to Section 24 of the Statutory Instruments Act which provides that the statutory instruments cannot be inconsistent with the provisions ... view
• 21 Jun 2018 in National Assembly: have a reputation with universities where I am a guest lecturer. It is very important that I do not just do something for expediency, as a Member of Parliament. I must do it for my general reputation. The Committee on Delegated Legislation has many distinguished lawyers. There is Hon. Alice Wahome, Hon. Shamallah, Hon. Mariru, Hon. Daniel Maanzo – there are many senior lawyers within that Committee. I do not think any of them could dare taint their reputation by allowing regulations that definitely offend the Constitution and the PFM Act. It is about the rule of law. We need ... view
• 21 Jun 2018 in National Assembly: The third point is that Members also found that these Regulations were discriminatory to the extent that they do not provide for facilitation of all Members of Parliament to undertake monitoring and evaluation as envisaged in Section 24 of the PFM Act. Article 93 of the Constitution of Kenya establishes Parliament – that is both the National Assembly and the Senate. Therefore, they should get equal treatment. The Public Finance Management (PFM) Regulations seek to establish monitoring and evaluation funds specific to the Senate thereby excluding Members of the National Assembly who require similar facilitation to effectively undertake their oversight ... view
• 21 Jun 2018 in National Assembly: These shortcomings are extremely serious considering that we have expanded freedom among members of the public. If the Committee had approved these regulations, they could have been taken to court in order to test them against the constitutionality and compliance. As Parliament, we know there was a case of the Constituency Development Fund which was declared unconstitutional and was struck out by the courts in 2015. We also had the situation where we had the National Government Affirmative Action Fund Regulations which were also challenged in court. Therefore, we have not taken the fact that we are nullifying these regulations ... view