17 Jun 2015 in Senate:
Mr. Temporary Chairperson, Sir, we propose that Regulation 3 be annulled.
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17 Jun 2015 in Senate:
Mr. Temporary Speaker, Sir, the Tobacco Regulations were published and gazetted on 5th December, 2014. We started the scrutiny process as provided by the law as a Committee and we tabled this Report which contains the sections and the deliberations of the Committee on those Regulations within the Senate before we went on recess. Therefore, the Committee Report is public document and it is available in the journal’s office. I want to make it clear that we, as a Committee, went through the process. If Sen. Mugo was around when I moved the Motion, I made clear references to what ...
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17 Jun 2015 in Senate:
Mr. Temporary Chairperson, Sir, Regulation 3 provides for the health warnings in pictures and pictograms. The problem that we raised with this is that the Ministry of Health has not provided these pictograms and pictures to the sector within the industry. We asked the Ministry of Health to appear before us to provide those clarifications, but the Ministry did not. We, as a Committee, said that since the technical repositories and the digital stage devices that are used to generate this are not issues that are available within the country, we asked the Cabinet Secretary to sit down and agree ...
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17 Jun 2015 in Senate:
Mr. Temporary Chairman, Sir, the constraint provided for under the Statutory Instruments Act is that Parliament has no power to amend regulations. It only has power to either approve the regulation in total or annul. In this case, when you talk of annulling, you will be telling the Cabinet Secretary to readdress that. In terms of the resolutions of the House, we will write to the Cabinet Secretary to tell them that the reason we annulled this regulation is for them to address certain issues. This is what we have done with other regulations like the Transport Regulations. Sometimes, it ...
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17 Jun 2015 in Senate:
Mr. Temporary Chairperson, Sir, based on the submissions by a number of Senators, we have no objection, as a Committee, to that. Pointing out that particular issue on pictograms, it clearly indicates that there could be need for some tidying up to be done. But just to address myself to the issue raised by Sen. Wetangula on annulment, we have two sets of regulations. The example that I would give is the Public Finance Management Regulations where they require the approval of Parliament before they are gazetted and take effect. In scrutinizing such regulations, the House would have the liberty ...
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17 Jun 2015 in Senate:
Mr. Temporary Chairperson, Sir, that addresses the issue that had been raised by Sen. Wako; that one of the challenges that we have with the regulations is those kinds of pictures. If you look at the pictorials that are provided, behind them you need the technical repositories and digital storage. You need the actual pictures. As I speak, if you look at those blurred pictures, you cannot tell what exactly they are. The Cabinet Secretary and the Ministry have not provided us with clear pictorials. That is the reason we were proposing to annul Regulation 3, together the pictorials, so ...
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17 Jun 2015 in Senate:
Mr. Temporary Chairman, Sir, as I move I ask Sen. Mugo, knowing her past experience and work within the Ministry if she can also talk to the Cabinet Secretary. We will invite the Ministry and if they feel like sending us the professor, that would make more sense to us so that we can to have that engagement with the Ministry. That should help the Committee. I beg to move that the Committee of the Whole report progress on its consideration of the Tobacco Control Regulations, 2014 and seek leave to sit again on a day to be appointed by ...
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17 Jun 2015 in Senate:
Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.
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16 Jun 2015 in Senate:
Mr. Speaker, Sir, I beg to give the following Notice of Motion: THAT, this House approves the report of the Sessional Committee on Delegated Legislation on the Tobacco Control Regulations 2014, laid on the Table of the House on Thursday, 28th May 2015.
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16 Jun 2015 in Senate:
Thank you, Mr. Temporary Speaker, Sir. I request that the Committee be given three weeks to respond because of the weight of the issues raised by Sen. Obure.
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