• The legislator said some regulations were isolated and hurriedly brought to the House for consideration.
• Duale said the Delegated Committee must answer whether public participation in the regulations was conducted.
Image: STEPHEN ASTARIKO
Garissa Township MP Aden Duale has raised a number of issues relating to the tabling of the Political Parties (Membership) Regulations, 2021, at the National Assembly.
The Mp said that the bill ought to be taken into account and considered by the Committee on Delegated Legislation as required by section 13 of the Statutory Instruments Act No. 23 of 2013.
"Honourable Speaker, section 13 of the Statutory Instruments Act No. 23 of 2013 espouses various aspects that the Committee is required to examine in carrying out its scrutiny of any statutory instrument," Duale said.
He said that the matter touches on the Political Parties (Amendment) Bill, 2021, in several areas including political parties’ membership register and the resignation of members, yet the Bill is yet to be debated at the Senate.
"This House should not be seen to act in vain and in my view, these regulations are pegged on matters that are not yet law and are still contained in the Political Parties (Amendment) Bill, 2021"
"Hence their consideration by this House and indeed by the Committee on Delegated Legislation is pre-mature and anticipatory in nature. It is certainly tantamount to putting the cart before the horse."
In his second concern, the legislator said some regulations were isolated and hurriedly brought to the House for consideration.
"What is even worrying is that the publications of these regulations are shrouded in secrecy and mystery."
Duale claimed that he struggled to get a copy of the regulations from the printer despite the regulations having been published last year on December 21.
He also said the Delegated Committee must answer whether the public participation on the regulations was conducted and the form in which the public participation was undertaken.
"... my objections are largely to ask the Committee on Delegated Legislation to consider the issues that I have raised in considering the Regulations before tabling its report as required by the Statutory Instruments Act. In the meantime, we trust that the Regulations have no force of law until they are approved by both Houses of Parliament."