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{
    "id": 1023098,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1023098/?format=api",
    "text_counter": 337,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "By the time a Bill is considered, and it is important to look at Article 110 of the Constitution specifically (3), by either House, the Speakers of the two Houses of Parliament, shall resolve any issue as to whether it is a Bill concerning counties, a special or ordinary Bill. Those are the issues to be considered at the level of Article 110(3) of the Constitution. Before Article 110, there is Article 109(5) on origination, then Article 114 on what constitutes a money Bill. By the time a Bill comes to the National Assembly from the Senate, the Senate has already passed it, notwithstanding the money Bill effect. Quite a number of Senators have approached me and I have sympathies with some of them. I ask them that I wish they could remove clauses which make it a money Bill. When you look at some of them, they are very good Bills, but unfortunately, their passage would result in expenditure of public resources for which there is no budgetary allocation. What do you do? I appreciate the problem the Budget and Appropriations Committee finds itself in. Do we pass it? It may be a very good Bill. You will read it. Remember that there was one about potatoes and something like that in the last Parliament. It was not so bad. Another one was about something similar to the old Kenya Industrial Estates (KIE), but at the county level. It was a good Bill. But the expenditure of public resources falls directly under Article 114 of the Constitution. What do you do? It originated there, unless a Member of this House now picks it up and begins the whole process afresh and then later takes it to the Senate so that it does not die. Some of them are very good legislative initiatives but, unfortunately, it just has to be agreed at the technical level that we must help Parliament. I agree with Hon. Kimunya that we must help Parliament legislate. But, of course, it must be within the Constitution and the law so that origination does not become bad. We do not want people to go to court and say that this Bill originated in the Senate. It is a Money Bill. It is not going to be struck out. What were we doing? What are we going to say about the whole institution? The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}