Senate to reject AG’s request to extend life of 1,764 regulations
A past Senate sitting.
Senators are considering rejecting a request by Attorney-General Justin Muturi to extend 1,764 regulations that are due to expire by the end of January 2023.
Members of the Senate Committee on Delegated Legislation questioned the timing and warned that unless the regulations-making authorities furnish them with compelling reasons, they will not allow the request.
At a meeting, Tharaka-Nithi Senator Mwenda Gataya, who chairs the committee, said the impact of the large number of regulations expiring cannot be contemplated.
“This committee has adopted the view that consultation and public participation in decision-making is the way to ensure voluntary compliance with the statutory instruments,” said Mr Gataya.
Tana River Senator Danson Mungatana, the committee’s vice-chair, said he will be hesitant to support the extension of the regulations, also known as statutory instruments, in the absence of justification from the ministries concerned.
“I will be very reluctant to approve an omnibus extension. Every ministry or state agency that will be affected must give a reason as to why they want the extension. Most importantly, they must explain why the request was made late,” said Mr Mungatana.
The National Assembly and Senate are already on long recess until February 13. This means that by the time the two Houses resume, the regulations will have already expired and the various agencies will not be able to enforce them.
A meeting of the Senate committee, in which the fate of the regulations was to be discussed, aborted last week after Mr Muturi failed to show up and instead sent Mr Samson Maundu, the Principal Parliamentary Counsel in his office.
However, the committee turned away Mr Maundu insisting that the issue at hand was so grave that it warrants the personal involvement of the AG.
Makueni Senator Daniel Maanzo said the AG doesn’t have the powers to request the extension. He said the only legitimate request is that made by the individual regulation-making authority.
“This committee must engage Cabinet secretaries and other regulation-making entities,” said Maanzo. “The approval of the request by the Attorney-General will be challenged in court.”
