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    "id": 1028741,
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    "content": "(c)The concurrence process is not dependent on “a question” arising as stated in the National Assembly, Standing Order 121. The High Court declared the procedure in Standing Order 121 of the National Assembly Standing Orders unconstitutional in so far as the same requires that “a question” must arise before concurrence is sought. (d)On Bills currently under consideration by either House of Parliament, the High Court ordered the immediate cessation of the consideration of such Bills pending before either House, where the joint concurrence by the Speakers of both Houses as to whether or not the Bills concern counties, has not been demonstrated. Both Houses of Parliament are, therefore, immediately required to refer such Bills to the mandatory joint resolution/concurrence process under Article 110 (3) of the Constitution before the Bills can go through the legislative process. (e)On matters touching on Parliamentary Service, the Court issued an order that any Bill or Delegated Legislation touching on the Parliamentary Service Commission must be referred to the Senate. (f)The procedure set out under Standing Order 143(2) to (6) of the National Assembly Standing Orders, which the National Assembly applies to refer Bills originating from the Senate to the Budget and Appropriations Committee to determine whether or not the Bill is a Money Bill, was declared unconstitutional. On this question, the High Court ruled that — (i)the provisions of standing order 143 (2) to (6) of the National Assembly Standing Orders are unconstitutional; and, (ii)a Bill concerning counties and a Money Bill are mutually exclusive. Accordingly, where the two Speakers have jointly resolved that a Bill is a Bill that concerns counties, then Article 114 does not apply and the Bill must be considered in line with the procedures set out under Articles 109(4), 110, 111, 112, 113, 122 and 123 of the Constitution. (g)That 23 of the Acts passed by the National Assembly and enacted into law in contravention of Articles 96, 109, 110, 111, 112 and 113 of the Constitution were declared unconstitutional, thus, null and void. Hon. Senators, this is a landmark ruling that not only reaffirms constitutionalism and the rule of law in Kenya, but also the role of the Senate in devolution."
}