21 Oct 2021 in National Assembly:
Hon. Temporary Deputy Speaker, the Committee received the initial response from the National Treasury on 3rd August 2021, and an updated version on 31st August 2021, both of which were promptly shared with the hon. Member. We have copies of the same here. The Committee invited officials from the National Treasury, KPA, Dock Workers Union (DWU) and the hon. Member to a meeting on 2nd September 2021 to deliberate on the matter. The Committee further held meetings with the Salaries and Remunerations Commission (SRC) on 21st September 2021. During the two meetings, the Committee was informed that KPA and DWU ...
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21 Oct 2021 in National Assembly:
Hon. Temporary Deputy Speaker, pursuant to Standing Order No.44 (2) (c), Hon. Abdullswamad Sheriff Nassir requested for a Statement on 16th June 2021 regarding the unfinalised CBA for KPA employees during Financial Year 2021/2022 and the matter of reinstatement of 247 former employees. The Member sought clarifications on the following issues: (i) Challenges hindering the commencement and finalisation of the CBA for KPA employees during Financial Year 2021/2022; (ii) Measures that the National Treasury has put in place to ensure that the CBA negotiation for Financial Years 2020/2021, 2021/2022 and 2022/2023 are commenced in 2021; (iii) Assurance that the Ministry ...
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21 Oct 2021 in National Assembly:
that authority is conferred, the limits of the authority, the nature and scope of the law that may be made and the principles and standards applicable to the law that is made under that authority.
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21 Oct 2021 in National Assembly:
(vi) That 247 employees who were unlawfully laid off in 2011 will be reinstated. Hon. Temporary Deputy Speaker, the Committee received the initial response from the National Treasury on 3rd August 2021, and an updated version on 31st August 2021, both of which were promptly shared with the hon. Member. We have copies of the same here. The Committee invited officials from the National Treasury, KPA, Dock Workers Union (DWU) and the hon. Member to a meeting on 2nd September 2021 to deliberate on the matter. The Committee further held meetings with the Salaries and Remuneration Commission (SRC) on 21st ...
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21 Oct 2021 in National Assembly:
that authority is conferred, the limits of the authority, the nature and scope of the law that may be made and the principles and standards applicable to the law that is made under that authority.
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21 Oct 2021 in National Assembly:
On the matter in dispute, the Committee posed a query about the legal provision upon which SRC resides to make the guidelines in question. In response, SRC submitted that the guidelines had been made pursuant to Section 11 (e) of the Salaries and Remunerations Commission Act No.10 of 2011, which states as follows: “(11) In addition to the powers or the functions of the Commission under Article 230 (4), the Commission shall – (e) Determine the cycle of salaries and remuneration review upon which Parliament may allocate adequate funds for implementation.”
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21 Oct 2021 in National Assembly:
Hon. Temporary Deputy Speaker, it is clear that Section 11 of the SRC Act purely sets out the functions of the SRC, but it is not crafted in the manner prescribed in Article 94 (6) of the Constitution. Consequently, Section 11 (e) of the SRC Act is not an enabling provision for the purpose of making delegated legislation. On the other hand, the Committee observed that Section 26 of the SRC Act does not delegate legislative powers to the SRC to make general regulations to bring to effect any of the provisions of the Act and that, indeed, SRC enacted ...
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21 Oct 2021 in National Assembly:
On the matter in dispute, the Committee posed a query about the legal provision upon which SRC resides to make the guidelines in question. In response, SRC submitted that the guidelines had been made pursuant to Section 11 (e) of the Salaries and Remuneration Commission Act No.10 of 2011, which states as follows: “(11) In addition to the powers or the functions of the Commission under Article 230 (4), the Commission shall – (e) Determine the cycle of salaries and remuneration review upon which Parliament may allocate adequate funds for implementation.”
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21 Oct 2021 in National Assembly:
Hon. Temporary Deputy Speaker, it is clear that Section 11 of the SRC Act purely sets out the functions of the SRC, but it is not crafted in the manner prescribed in Article 94 (6) of the Constitution. Consequently, Section 11 (e) of the SRC Act is not an enabling provision for the purpose of making delegated legislation. On the other hand, the Committee observed that Section 26 of the SRC Act does not delegate legislative powers to the SRC to make general regulations to bring to effect any of the provisions of the Act and that, indeed, SRC enacted ...
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21 Oct 2021 in National Assembly:
The Committee observed that the Salaries and Remuneration Commission (SRC) had not relied on Section 26 as its enabling provision to issue the impugned guidelines. However, even if Section 26 were to be relied upon in this case, the guidelines as crafted generally offend the requirement of the Statutory Instruments, Act No.13 of 2012 and the Interpretations and General Provisions Act, Cap.2 of the Laws of Kenya.
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