Plea To Extend 1,764 Regulations By AG Challenged By The Senate

Attorney General Justin Muturi's plea to extend 1,764 regulations that are set to expire by the end of January 2023 is being challenged by senators.

Members of the Senate Committee on Delegated Legislation questioned the timing and issued a warning that they would not grant the request unless the regulatory-making bodies provided them with persuasive justifications.

The committee's chair, Senator Mwenda Gataya of Tharaka-Nithi, stated during a meeting that it is impossible to predict the effects of so many regulations coming to an end.

“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.

The committee's vice-chair, Tana River Senator Danson Mungatana, stated that in the lack of justification from the relevant ministries, he will be difficult to endorse the extension of the regulations, also known as statutory instruments.

“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.

Until February 13, both the National Assembly and the Senate are already out of session. The restrictions will therefore have expired by the time the two Houses reconvene, making it impossible for the various authorities to enforce them.

Last week, a Senate committee meeting intended to examine the future of the regulations was called off when Mr. Muturi failed to appear and sent Mr. Samson Maundu, the Principal Parliamentary Counsel, in his place of business.

The committee, however, rejected Mr. Maundu, saying that the situation called for the AG's direct engagement because it was so serious.

Daniel Maanzo, a senator from Makueni, asserted that the AG lacks the authority to seek the extension. The only legitimate request, according to him, is one made by the specific regulatory authority.