27 Nov 2018 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I must take this opportunity to congratulate my Chair for the good work we are doing as a Committee to strictly scrutinise statutory instruments to ensure they comply with the Constitution and the law.
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27 Nov 2018 in National Assembly:
The Constitution of Kenya is explicitly clear on the role of the Judiciary, the Judicial Service Commission and the Judiciary Fund. Specifically, Article 173 contemplates that the Judicial Fund shall be a charge on the Consolidated Fund. Consequently, the funds that accrue to the Judiciary must come from the Consolidated Fund. If you look at the regulations, under Regulation 6, it purported indirectly to expect to use funds collected at source - fines, fees, levies and all those kinds of things. However, looking at the PFM Act, there are some things that do not constitute Appropriation-In-Aid, and therefore, must be ...
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27 Nov 2018 in National Assembly:
Secondly, we have had a challenge. In many of the regulations that we have annulled, we have had a challenge on the question of public participation. The Constitution is explicitly clear that Members of Parliament or any State organ that purports to make laws do so on behalf of the people of Kenya. Consequently, the people of Kenya must be involved in law-making through their representatives and through their contribution in their own right as members of this country. When we looked at Judiciary Fund Regulations that were submitted to the Committee for review, there was no explanatory memorandum. So, ...
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27 Nov 2018 in National Assembly:
Consequently, as a Committee, we were unable to approve regulations where there was no manifest demonstration that members of public participated in the law-making process. We did not want to be part of the group that breaches the Constitution and preaches impunity. We must adhere to the law as stated.
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27 Nov 2018 in National Assembly:
With those few remarks, I second the Report of the Committee that calls for the annulment of the regulations in entirety.
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22 Nov 2018 in National Assembly:
Thank you, Hon. Temporary Deputy Chairman. I also rise to join my colleagues in raising reservations in respect of the amendments proposed by the Chair, Departmental Committee on Agriculture and Livestock. Ordinarily, for a council or board to be effective, it requires a reasonable number. What we have here is literally a crowd. You cannot make substantive decisions in a crowd.
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22 Nov 2018 in National Assembly:
Two, we tend to have groups that do not exist or are recognised in law. I do not know who the Consumer Federation of Kenya is. I have searched and I do not know in which particular Act of Parliament they are anchored. The council shall consist of one person nominated by the Kenya Warehouse Operators Association. We cannot include in the Act things that do not exist, and are futuristic and anticipatory. We cannot legislate in anticipation. We must only deal with organisations or bodies that exist, and are definable. I wanted to raise further amendments but luckily enough; ...
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22 Nov 2018 in National Assembly:
Hon. Temporary Deputy Chairman, I support, but I thought sub-clause (b)(iii) might be giving CECs a blanket cheque to literally decline. I would imagine that regulations should have been adequate. One and two are okay, but I have reservations on three.
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