10 Feb 2022 in National Assembly:
Hon. Deputy Speaker, the guidelines provide for the redemption of Government bonds specifically in the redemption of stock of Government debt, cushion for amortisation of liabilities arising from debt, facilitation of debt restructuring and smoothening of maturity profile, building up resources for meeting maturities of loans and securities issued in the domestic and international debt capital market by ensuring resources are available for the redemption of maturing debts to alleviate roll over risks and buyback of national Government loan obligation in the debt market and further meet the cost of switches and early redemption of national Government loan obligations and ...
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10 Feb 2022 in National Assembly:
Section 50(8) of the Public Finance Management (PFM) Act 2012 grants power to the Cabinet Secretary, National Treasury, to establish by way of regulations approved by Parliament, such sinking fund or funds for the redemption of loans raised under the Act by the national Government. The CS, therefore, ought to have made the regulations in respect to sinking funds which were supposed to be approved by the National Assembly by way of affirmative resolution. The publication of guidelines are, therefore, in contravention of Section 13(a) of the Statutory Instruments Act. The National Treasury invoked Article 214(1) of the Constitution of ...
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10 Feb 2022 in National Assembly:
provide for charging of all or part of the public debt to other public funds while Clause 2 provides that for the purpose of this Article, the “public debt” means “all financial obligations attendant to loans raised or guaranteed by the national Government”. It was indicated that while Section 50(8) of the PFM Act provides for the establishment of a Sinking Fund for the redemption of loans raised under the Act by the national Government, the loans defined by the PFM Act 2012 includes both internal and external loans. Consequently, there is need for the repeal of the General Loans ...
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10 Feb 2022 in National Assembly:
(iv) THAT, the Sinking Fund Guidelines require a regulatory impact assessment and submission to the National Assembly of a regulatory impact statement within the meaning of Section 8 of the Statutory Instrument Act, 2013 as the Fund is appropriated from the consolidated Fund and as such accrue from the taxpayers and would thus impose significant costs to the community or part of the community.
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10 Feb 2022 in National Assembly:
Hon. Temporary Deputy Speaker, the Committee, pursuant to Standing Order 210 (4) and having examined the Public Finance Management (Sinking Fund) Guidelines, 2021 against the Constitution of Kenya, the Interpretations and General Provisions Act ( Cap 2 ), the Public Finance Management Act, 2012, the Statutory Instruments Act 2013, and the Public Finance Management (National Government) Regulations, 2015; recommends that the House annuls in entirety the said Guidelines for failing to demonstrate that sufficient public participation was undertaken contrary to Articles 10 and 118 of the Constitution and Sections 5, 5A and the Schedule to the Statutory Instruments Act, and ...
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10 Feb 2022 in National Assembly:
The gist of the Report or the recommendation of the committee is simple and straightforward. Repayment of loans – be it domestic or foreign – is such an important matter that requires every single Kenyan to have a say in the way the matters are handled. The Committee was unable to be persuaded that there was any iota of evidence of public participation. Given that situation, on its own, what we call the Regulations or the Guidelines, were dead on arrival.
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10 Feb 2022 in National Assembly:
Secondly, the absence of the regulatory impact statement meant that whoever was in charge of the regulatory making authority did not take the matter as seriously as it is required. Here is, therefore, the recommendation of the Committee to annul. With those remarks, I move and request the Chief Whip to second the Report.
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10 Feb 2022 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. Colleagues have been very clear in their disgust at the poor show by the State Department of the National Treasury. I believe the Leader of the Majority Party has heard the sentiments. We have also heard the same as a Committee. When the National Treasury appears before us later, we will raise the same issues that this House has raised. One of the issues that led to the recommendation to annul was lack of a Regulatory Impact Assessment Report. In that Regulatory Impact Assessment Report, we could have easily picked out the issue of ...
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10 Feb 2022 in National Assembly:
On a point of order, Hon. Temporary Deputy Speaker.
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10 Feb 2022 in National Assembly:
I did not want to interrupt my good friend, friend of my constituency; he always comes whenever we call upon him. The matter he is raising is so fundamental as it is on mental health. I rise under Standing Order No.35, to cite that we do not have quorum to discuss such an important and critical matter that has been in the news. Remember, yesterday, when we were talking about the police, it become very critical. So, Hon. Temporary Deputy Speaker, I need your guidance in view of the lack of numbers and the monumental importance of the Bill. Thank ...
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