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Wetang’ula annuls regulations set by State agencies without House nod

Thursday, December 1st, 2022 10:10 | By
National Assembly Speaker Moses Wetangula PHOTO/Courtesy

Parliament yesterday annulled regulations made by ministries and government departments without Members of Parliament (MPs’) approval.

National Assembly Speaker Moses Wetang’ula regretted that government departments had taken advantage of the transition period to draft regulations and have them implemented without being approved by parliament as required in law.

Wetangula directed that the regulations will remain invalid until the concerned ministries and agencies bring regulations to parliament for ratification.

“The powers to make laws are vested in the legislature only and no other agency can take it upon its mandate to implement,” said Wetang’ula in a communication to the House.

Sh1 million transactions

Regulations affected include those by Central Bank of Kenya (CBK) requiring any transactions above Sh1 million to be reported, the regulations allowing the delocalization of teachers as well as the decision of the National Treasury not to release money meant for National Government-Constituency Development Fund (NG-CDF).

The implication of the ruling is that one will not be required to state the source of money exceeding Sh1 million deposited in one’s bank account.

Further, he national government will be compelled to release NG-CDF money while the Teachers Service Commission (TSC) will have to halt the delocalization policy.

“Many Kenyans are victims of illegal directions in the name of regulations. There is no shortage of facts. There is no shortage of law,” said Wetang’ula.

The Chairperson of the committee on Delegated Legislation and Ainabkoi MP Samuel Chepkonga had raised concerns over decisions being made by the executive without the involvement of parliament prompting the ruling.

Chepkonga regretted that the statutory bodies have made the said regulations but have failed to table them in the House for approval yet the statutory instruments Act requires that all regulations be considered by parliament before implementation.

In particular, Chepkonga cited the CBK regulations, which he regretted, were neither considered or approved by the National Assembly but were enforced thus making it impossible for Kenyans to engage in business.

“This House is given the exclusive authority that has the force of law. Busybodies outside there are busy making regulations without bringing them here and we know a number of them. The governor of CBK - requires banks not to receive money exceeding Sh1 million without the customer providing reasons as to where the money came from,” he said.

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