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"id": 1028419,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1028419/?format=api",
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"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "That is the Constitution. We are not making it up. That is why several judges have in the past said there is no need for concurrence. An Appropriation Bill comes from the National Treasury. It seeks to authorise withdrawal of money from the Consolidated Fund to fund all arms of Government at the national level, including constitutional commissions and independent offices including that of the Auditor-General. Surely, there is nothing in that Bill that touches the functions of county governments. The Bills concerning county governments are clearly defined in Article 110(1). They are Bills which touch on election of speakers and members of the county assemblies, or a Bill referred to in Chapter 12, which is the public finance chapter, more specifically, indeed, Articles 217 and 218 of the Constitution. Those are the Bills which would concern counties. But a Bill to provide for a cybercrime law does not concern counties. In fact, when that law was challenged in court, the Court of Appeal said it does not concern counties and it is constitutional because the way it was passed by the National Assembly was proper. I do not understand whether the three Judges of the High Court were sitting on an appeal on the judgment of their superiors. Anyhow, the HBC has considered this matter. I am sure sense will prevail. But more important in my view, the point at which interpretation of the Constitution is to be placed is a matter that we need to carefully consider going forward. It cannot be one judge here, another one there then you collect those ones from the outer stations and you bring them to Nairobi and yet they have been dealing with very small matters of pregnancy, compensation and things like those. You bring them to matters of constitutional interpretation and it becomes very complex. They have been dealing with other small issues out there. You congregate them in Nairobi and the city also becomes very complex. I think as a country, in order to provide uniformity, we need to be very 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."
}