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{
"id": 1102472,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1102472/?format=api",
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"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "Hon. Members, this is a matter that squarely and exclusively falls within the authority and mandate of the National Assembly as espoused in, at least, five provisions of the Constitution, the first of which is Article 95(2), which provides: “The National Assembly deliberates on and resolves issues of concern to the people.” Secondly, Article 119(1) states: “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation”. Further, Article 114(3)(a) mandates the National Assembly to enact laws pertaining to taxation, while Article 210(1) provides that: “No tax or licensing fee may be imposed, waived or varied except as provided by legislation.” As, indeed, observed by the petitioners, both in their submissions as well as in their prayer, the legislative authority of the Republic, which is derived from the people, is exercised at the national level by Parliament in line with Article 94(1) of the Constitution. Hon. Members, you will agree with me that this is a current matter which is of great concern to the people. Indeed, in addition to this Petition as well as a similar Petition by the Member for Matungulu, Hon. Stephen Mule Mutinda, I have received requests for Adjournment Motion from the Member for Dagoretti North, Hon. Simba Arati and Nominated Member, Hon. Wilson Sossion, seeking adjournment of the House so as to deliberate on this very issue. I have determined that the best avenue for resolving it as indeed provided for in Article 95(2) is not a Motion for Adjournment under Standing Order 33, which as you all know is a debate that has no resolution, but rather to proceed by way of tackling the legislation. It is on the same basis that I have declined to approve requests for Statements and Questions from several other Members on this matter because this Petition, as prescribed, addresses the issues much more conclusively than could Questions and Statements. Hon. Members, pursuant to the provisions of Standing Order No.227(1), this Petition stands committed to the Departmental Committee on Finance and National Planning for consideration, for it is the relevant committee which deals with matters to do with taxation. In addressing the concerns and prayers of the petitioners, the Committee shall be expected to: (i) table its report within 14 days in view of the urgency of the matter and in consideration of the effects it has on the populace, notwithstanding the period of 60 days prescribed under Standing Order No.227; (ii) attach a draft Bill to the report for any approval for publication proposing legislative intervention by this House as sought by the petitioners; and (iii) undertake general and targeted inquiry to confirm whether there exist other reasons beyond taxation leading to the drastic rise in the cost of petroleum and petroleum products with a view to proposing administrative and other legislative measures for addressing those concerns. Hon. Members, although Hon. Stephen Mule requests that his Petition be referred to the Departmental Committee on Energy, you will all agree with me that the solution to the matter at hand lies in addressing the issue of taxation and related measures. Therefore, it is only prudent that we consolidate the efforts therein in one organ of the House. Subsequently, the Petition by Hon. Stephen Mule will also be considered by the Departmental Committee on Finance and National Planning."
}