Josphat Kabinga Wachira

All parliamentary appearances

Entries 441 to 450 of 1087.

• 21 Oct 2021 in National Assembly: The Committee observed that the Salaries and Remuneration Commission 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. view
• 21 Oct 2021 in National Assembly: Further the guidelines were issued as letters or memos addressed to various institutions and were neither gazetted nor transmitted to Parliament for tabling and scrutiny as required by Section 11 of the Statutory Instruments Act. view
• 21 Oct 2021 in National Assembly: Further the guidelines were issued as letters or memos addressed to various institutions and were neither gazetted nor transmitted to Parliament for tabling and scrutiny as required by Section 11 of the Statutory Instruments Act. view
• 21 Oct 2021 in National Assembly: In view of the foregoing, the Committee is of the opinion that the SRC Guidelines on Collective Bargaining dated 4th July 2012, 21st March 2014 and 14th October 2019 failed the constitutional test on making statutory instruments hence are defective, for the purpose of the Constitution, the Statutory Instruments Act, No.13 of 2013 and the Interpretation and General Provisions Act, Cap.2 of the Laws of Kenya, and lack the force of law. view
• 21 Oct 2021 in National Assembly: In view of the foregoing, the Committee is of the opinion that the SRC Guidelines on Collective Bargaining dated 4th July 2012, 21st March 2014 and 14th October 2019 failed the constitutional test on making statutory instruments hence are defective, for the purpose of the Constitution, the Statutory Instruments Act, No.13 of 2013 and the Interpretation and General Provisions Act, Cap.2 of the Laws of Kenya, and lack the force of law. view
• 21 Oct 2021 in National Assembly: Noting the gravity of the matter, the Committee is of the considered opinion that the guidelines on collective bargaining ought to have the force of law hence they should be enacted in a manner prescribed by Article 94(6) of the Constitution and the Statutory Instruments Act. view
• 21 Oct 2021 in National Assembly: Noting the gravity of the matter, the Committee is of the considered opinion that the guidelines on collective bargaining ought to have the force of law hence they should be enacted in a manner prescribed by Article 94(6) of the Constitution and the Statutory Instruments Act. view
• 21 Oct 2021 in National Assembly: Further, considering the guidelines limit the rights to collective bargaining, they must be enacted in strict adherence to the Constitution dictates set out in Article 24. These are essential checks and balances laid down in the law to prevent abuse of power by an arm of Government or state organ exercising its powers. view
• 21 Oct 2021 in National Assembly: In view of the above, the Committee made the following recommendations: 1. The SRC reconsiders its decision and urgently approves the two-year collective bargaining agreement to pave way for the Financial Year 2022/2023 negotiations and unlock the stalemate on the payment of employees’ dues in the negotiated CBA Financial Year 2021/2022. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor. view
• 21 Oct 2021 in National Assembly: Further, considering the guidelines limit the rights to collective bargaining, they must be enacted in strict adherence to the Constitution dictates set out in Article 24. These are essential checks and balances laid down in the law to prevent abuse of power by an arm of Government or state organ exercising its powers. view