27 Nov 2018 in National Assembly:
Hon. Temporary Deputy 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 Judiciary Fund Regulations, 2018 (Legal Notice No. 117 of 2018), laid on the Table of the House on Tuesday, 13th November 2018, and pursuant to the provisions of Section 15(1) of the Statutory Instruments Act, 2013 and Standing Order No. 210 (4) (b) annuls in entirety the said regulations.
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27 Nov 2018 in National Assembly:
Hon. Temporary Deputy Speaker, the Select Committee on Delegated Legislation is established pursuant to the provisions of Standing Order No.210(4)(b) and has the power to scrutinise and certify that all regulations submitted to the National Assembly are in compliance with the Constitution of Kenya and all other Acts of Parliament.
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27 Nov 2018 in National Assembly:
This is the 16th Report to the House recommending annulment of regulations. Contrary to popular believe that the Committee annuls most of the regulations referred to it, I would like to set the record straight. So far, the Committee has received 85 sets of regulations. Out of these, 25 are currently under consideration; 15 were annulled in their entirety; while, one was partly annulled. The rest were acceded to and communicated to the regulation-making authority pursuant to Standing Order No.210(4)(a) which provides that, if the Committee resolves that the statutory instrument be acceded to, the Clerk shall convey the resolution ...
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27 Nov 2018 in National Assembly:
We have taken note that there is need for a round table forum with the Executive, the regulation-making authorities, in order to discuss the importance of adhering to the Statutory Instruments Act in preparation of the instruments and even in transmitting them to Parliament. 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:
We hope this will result in annulment of less instruments for non-adherence to the relevant laws and procedures. We plan and hope that we shall have the support of your office to ensure we are able to begin this activity in the next Session of the House.
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27 Nov 2018 in National Assembly:
Back to the regulations before us, the Judiciary Fund Regulations were first brought before the House. They are established under Article 173 of the Constitution and they are supposed to be administered by the Chief Registrar of the Judiciary. Article 173(5) of the Constitution further gives an obligation to Parliament to enact legislation to provide for the regulation of the Fund. The Judiciary Fund Act, No.16 of 2016 which came into force on the 12th June 2016 revoked the Judiciary Fund Regulations of 2013 that were made under the Judicial Service Act. So, these new regulations are under the Judiciary ...
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27 Nov 2018 in National Assembly:
The Judiciary Fund Act, Section 14 empowers the Chief Justice in consultation with the Chief Registrar of the Judiciary to make regulations for proper management of the Fund. In exercise of these powers, the Chief Justice Published the Judiciary Fund Regulations on 31st May 2018 vide Legal Notice No.117 of 2018. The regulations were then submitted to the Clerk of the National Assembly on 13th July 2018 and tabled on the Floor of the House on 7th August 2018 and subsequently committed to the Committee on Delegated Legislation for review and scrutiny.
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27 Nov 2018 in National Assembly:
Briefly, I will highlight a few sections of the regulations that will form the basis of the recommendations of the Committee. As set out in Regulation 4, it seeks to provide for the management and operation of the Judiciary Fund to ensure accountability, transparency and the use of resources in the Judiciary among other desired tenets of the Public Finance Management Act. The objective of the Judiciary Fund is provided in the Judiciary Fund Act which is to safeguard the functional and operational independence of the Judiciary and ensure accountability of all resources allocated to the Judiciary as well as ...
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27 Nov 2018 in National Assembly:
Regulation 5 provides for various sources of funds being among others, such monies as may be appropriated by the National Assembly out of the Consolidated Fund, any grants, gifts or donations or bequests, such monies as may be allocated for the purposes from investments, fees and levies administered by the Judiciary and monies accruing to or received by the Judiciary from any other source.
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27 Nov 2018 in National Assembly:
The other parts in summary deal with budget preparation, utilisation of the Fund, expenditure in relation to human resources and also sets out procedures and accounts for reporting and provides for internal audit of the Fund as well as risk management.
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