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{
    "id": 1256776,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1256776/?format=api",
    "text_counter": 1075,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, having guided that Section 39A is the operative provision with regard to the consideration of a Finance Bill, I direct the Procedure and House Rules Committee to note the variance and include the Standing Order in the items earmarked for review when it next proposes amendments to the Standing Orders. In summary, therefore, my guidance is as follows— 1. THAT, Section 39A of the Public Finance Act, 2012 requires the Cabinet Secretary for the National Treasury to submit the Finance Bill before 30th April every year and that, the Bill be passed before the end of the financial year on 30th June. The section governs the manner in which a Finance Bill ought to be introduced, considered and passed by the House. 2. THAT, it is a canon of statutory interpretation that when faced with conflicting provisions, preference must be given to a specific provision as opposed to a general provision. Additionally, the last-in-time principle where the most recent addition to a statute is given precedence over a provision that was enacted earlier should be applied. Section 39A of the Public Finance Management Act, 2012 specifically refers to the introduction, consideration and passage of a Finance Bill and represents the most specific and current position of the House on the manner of consideration of a Finance Bill. 3. THAT, the Cabinet Secretary and the House have consistently adhered to the Orders of the Court in Okiya Omtatah Okoiti verses Cabinet Secretary,National Treasury & three others [2018] KL,R and Section 39A of the Public Finance Management Act, 2012. This clearly signifies that Section 39A of the Public Finance Act, 2012 is the operative provision with regard to the introduction, consideration and passage of a Finance Bill. 4. THAT, the House is under an obligation to prioritise the consideration of a Finance Bill with a view of passing it before the lapse of the June 30th deadline imposed by Section 39A of the Public Finance Management Act, 2012. The House is, therefore, at liberty to prioritise consideration of a Finance Bill before or after the presentation of a Budget Statement by the Cabinet Secretary for the National Treasury. 5. THAT, the Procedure and House Rules Committee notes the variance between Standing Order 244C and Section 39A of the Public Finance Management Act and include the Standing Order in the items earmarked for review when it next proposes amendments to the Standing Orders. The House is accordingly guided. Allow me to thank the Hon. (Dr) Otiende Amollo for raising the issue and for allowing me to give clarity on the matter going forward. Ordinarily, we do not debate or comment on the ruling and the direction of the Chair. We will let it lie there."
}