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{
    "id": 1028740,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1028740/?format=api",
    "text_counter": 20,
    "type": "other",
    "speaker_name": "",
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    "content": "A declaration be and is hereby issued that where the contents of a Bill affect the functions and finances of the counties, the Bill is not a money Bill within the meaning of 114 (3) of the Constitution. A declaration be and is hereby issued that where a Bill deals with financial matters and such matters affect the finances or functions of county governments pursuant to Article 110 (1) (c), the Bill is a Bill concerning county governments and must be considered by the Senate. A declaration be and is hereby issued that an Act of Parliament constitutes an Act that has complied with the legislative process required of both Houses by participation of both Speakers as required under Article 110 (3) of the Constitution and where the Bill concerns counties by consideration in the Senate as required in the Constitution. This honourable court be pleased to issue any other appropriate order or relief as it may deem fit and just. Costs of the Petition be awarded to the petitioner in any event. The Senate’s Petition was consolidated with a Petition filed by the Council of Governors (CoG) in High Court Petition No.353 of 2019; Council of Governors versus The National Assembly and Others. In that Petition, the CoG was challenging Section 4 of the Kenya Medical Supplies Authority Act as amended by the Health Law Amendment Act, 2019 on the following grounds that the: (a) Legislative process of the Health Law Amendment Act, 2019 was tainted with illegality for failing to conduct public participation and making substantive amendments through an Omnibus Bill. (b) The Senate was not involved in the enactment of the Health Law Amendment Act, 2019. (c) Amendments will adversely interfere with health service delivery in the counties because the Kenya Medical Supplies Agency (KEMSA) is unable to supply adequate drugs and medical supplies. (d) Amendments interfere with the principles of distinctiveness under Article 6 of the Constitution. The Chief Justice appointed a Bench of three judges comprising Justices J. Ngaah, A. Ndung’u and T. Matheka to hear this Petition. The Senate was represented by Sen. James Aggrey Orengo, SC; Sen. Okong’o Omogeni, SC; Sen. Mutula Kilonzo Jnr.; Ms. Mercy Thanji, Directorate of Litigation and Compliance (Senate Department) and Dr. Johnson Okello, Director Legal Services, Senate. The Court subsequently on 29th October, 2020 delivered its judgment and ruled as follows- (a)The concurrence process is mandatory and must be undertaken before a Bill can be introduced in the originating House. The Speakers of both Houses must first comply with the mechanism under Article 110 (3) of the Constitution, to concur on whether or not a Bill concerns counties, and whether it is a special or ordinary Bill. Where the Speakers are unable to agree on this question, the issue shall be referred to a mediation mechanism for resolution. (b)The two Speakers of the Houses of Parliament should expeditiously implement a mediation mechanism for resolving the issue of concurrence on whether or not a Bill is a Bill concerning counties where the Speakers are unable to concur. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}