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{
    "id": 1207609,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1207609/?format=api",
    "text_counter": 2641,
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    "speaker": null,
    "content": "As contained in the Order Paper of yesterday afternoon, there were certain proposed amendments to the Bill which were subject to the provisions of Article 114 of the Constitution. The amendments which were proposed by the Member of Maara, Hon. Kareke Mbiuki CBS, sought to amend the First Schedule of the Bill to reallocate certain funds for the construction of county headquarters for five counties. Instructively, Hon. Members, it is observed that during the Sitting, the Chairperson of the Budget and Appropriations Committee pronounced himself as there being an agreement from the Committee regarding the amendment. However, I have not received any evidence by way of either a committee report or correspondence to confirm that the consultations contemplated under Article 114 of the Constitution between the Committee and the National Treasury took place. Indeed, the Report of the Committee on its consideration of this Bill, which was tabled in the House, recommended that the amendments proposed by the Member for Maara Constituency and others proposed by the National Treasury relating to the disbursement of court fees and fines to the counties should not be considered by the House. Hon. Members, the intention of actualizing Article 114 of the Constitution and the practice that started in the 11th Parliament is to avoid whimsical amendments on the Floor, especially amendments that touch on taxes and imposition of charges on a public fund, and the appropriation of public money given the possible far-reaching implications. Additionally, it should further be noted that this Bill will be passed annually. As such, any matters that may have been left out can be revisited in the next Bill once the requisite consultations have taken place. As your Deputy Speaker, however, I am duty-bound to correct the errors that fly against the Constitution, our laws and the Standing Orders. Article 114 of the Constitution on limitations on the amendments proposed by the Member for Maara was not lifted before consideration of the Committee of the whole House yesterday. In this regard, therefore, I direct as follows: (i) That, the Bill be recommitted to the Committee of the whole House immediately. That the Committee shall resume from the point before the amendments were considered, being the First Schedule of the Bill. (ii) That, in future, the Clerks-at-the-Table must ensure that the provisions of Article 114 of the Constitution and the practice that was started in the 11th Parliament on actualising the provision are upheld when guiding the presidium on all money Bills. The House is accordingly guided. Thank you. Hon. Members, in view of that communication, we now move to Order No. 12."
}