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{
"id": 1386621,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386621/?format=api",
"text_counter": 498,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Chairperson",
"speaker": null,
"content": " Yes, Sen. Cheruiyot."
},
{
"id": 1386622,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386622/?format=api",
"text_counter": 499,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": " Thank you, Mr. Temporary Chairperson, Sir. If Sen. Omogeni was in the House on the day that I moved the Bill, I made reference to the specific clause and said that as Parliament, it is our constitutional duty to legislate."
},
{
"id": 1386623,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386623/?format=api",
"text_counter": 500,
"type": "speech",
"speaker_name": "Sen. Cheruiyot",
"speaker_title": "The Senate Majority Leader",
"speaker": {
"id": 13165,
"legal_name": "Aaron Kipkirui Cheruiyot",
"slug": "aaron-cheruiyot"
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"content": "There is no happening outside the precincts of Parliament that can influence Parliament as it makes its decision on a law making process whichever way. It does not matter what the courts may have said on a particular topic. Article 94 of the Constitution of Kenya gives the Senate and the National Assembly the only responsibility of making law. Therefore, that is not an issue that should forestall us."
},
{
"id": 1386624,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386624/?format=api",
"text_counter": 501,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Chairperson",
"speaker": null,
"content": " Thank you, Sen. Omogeni, do you want to comment?"
},
{
"id": 1386625,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386625/?format=api",
"text_counter": 502,
"type": "speech",
"speaker_name": "Sen. Omogeni",
"speaker_title": "",
"speaker": {
"id": 13219,
"legal_name": "Erick Okong'o Mogeni",
"slug": "erick-okongo-mogeni"
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"content": "Mr. Temporary Chairperson, Sir, the issue that I have with this clause is that it goes contrary to the High Court’s decision. The Court decision says that you cannot collect any taxes before you have a legal framework in place. You can only collect the tax once the legal framework is in place. I have a copy of the High Court decision with me here. As a House, we are bound. When a court makes a decision, you cannot seek cover under Article 94 of the Constitution of Kenya because court decisions are binding on all of us. So, if the court has declared a tax to be unconstitutional, you cannot legitimize that tax through legislation. You cannot pass a legislation that has retrospective effect. The import of Clause 48 is to legislate retrospectively so that whatever was done without a legal framework will be given force of law by the passage of this Act, which is unconstitutional."
},
{
"id": 1386626,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386626/?format=api",
"text_counter": 503,
"type": "speech",
"speaker_name": "Sen. (Dr.) Khalwale",
"speaker_title": "",
"speaker": {
"id": 170,
"legal_name": "Bonny Khalwale",
"slug": "bonny-khalwale"
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"content": "Mr. Temporary Chairperson, on a point of order."
},
{
"id": 1386627,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386627/?format=api",
"text_counter": 504,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Chairperson",
"speaker": null,
"content": " I will allow one person and then you before we close it. Sen. Boni, two minutes, please."
},
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"id": 1386628,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386628/?format=api",
"text_counter": 505,
"type": "speech",
"speaker_name": "Sen. (Dr.) Khalwale",
"speaker_title": "",
"speaker": {
"id": 170,
"legal_name": "Bonny Khalwale",
"slug": "bonny-khalwale"
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"content": "Thank you, Mr. Temporary Chairperson. The discussion taking place now is the reason we have the Committee of the Whole. Sen. Omogeni, the reading we have is that we are now making the law that will align with the fears that caused the courts to make that pronouncement. Once we legislate the way we have done, going forward, we will be doing something, which will be aligned to what the courts wished. It is up to you as an active Member of the Azimio Coalition and a legislator to go and visit the issue of the money already collected. We are legislating for going forward."
},
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"id": 1386629,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386629/?format=api",
"text_counter": 506,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Chairperson",
"speaker": null,
"content": " Sen. Wambua, you have the Floor."
},
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"id": 1386630,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1386630/?format=api",
"text_counter": 507,
"type": "speech",
"speaker_name": "Sen. Abdul Haji",
"speaker_title": "The Temporary Chairperson",
"speaker": null,
"content": "The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}
]
}