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{
    "id": 1028417,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1028417/?format=api",
    "text_counter": 82,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, I can see a number of you want to make comments, but let me just say this: As the HBC, we have taken the position that we appeal that judgment. Maybe we just live with that decision. I would like to remind the House that in the last Parliament, there was a Bill proposed by Hon. Peter Kaluma, which sought to amend some of the aspects of Article 165 of the Constitution with regard to powers of the High Court. The Bill was actually passed by this House, with the support of two-thirds of Members. But as it happens normally, it found its way on the other side and it never saw the light of day. More importantly, there are lessons to learn from this decision. There are several other decisions of the High Court clearly saying that the provision of Article 110(3), requiring the Speakers of the two Houses to resolve any issue, is not about concurrence. I am surprised the judges were talking about concurrence. The words used in the Constitution are the same ones we have used in Standing Order 121. The Speakers shall resolve any question as to whether a Bill concerns counties. Other judges have interpreted that to say a question must therefore arise. An Appropriation Act, as correctly pointed out by both Hon. Kimunya and Hon. John Mbadi, is a Bill dealing with authority to withdraw money from the Consolidated Fund to pay for services in all other national State organs. The county assemblies always pass their own Appropriation Bills to authorise expenditure from county revenue funds. A Finance Bill is a Bill that does not concern counties. Article 109(3) of the Constitution is very clear: Bills which do not concern counties are to be passed only by the National Assembly, after which they are sent for assent."
}