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{
"id": 1515300,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1515300/?format=api",
"text_counter": 329,
"type": "speech",
"speaker_name": "Kikuyu, UDA",
"speaker_title": "Hon. Kimani Ichung’wah",
"speaker": null,
"content": "3. A Bill not concerning county government is considered only in the National Assembly and passed in accordance with Article 122 and the Standing Orders of the Assembly. (Because this Bill concerned counties, that is why it was not only considered by the National Assembly alone. We took it to the Senate). 4. A Bill concerning county governments may originate in the National Assembly, or the Senate, and is passed in accordance with Articles 110 to113, Articles 122 and 123 and the Standing Orders of the Houses. 5. A Bill may be introduced by any member or committee of the relevant House of Parliament, but a money Bill may be introduced only in the National Assembly in accordance with Article 114. Hon. Speaker, many of the amendments that were inserted into this Bill by the Senate have a money Bill effect, therefore, making this Bill, which originally was not a money Bill, a money Bill. Therefore, there is no way that this House, under Article 109 of the Constitution, would allow the Senate to usurp the powers of the National Assembly in terms of introducing Bills that have a money Bill effect.This is because the Constitution says that only the National Assembly may consider Bills that have a money Bill effect, whether it is the imposition of taxes, levies, or charges on Kenyans from the Exchequer. That can only be done by the National Assembly. Therefore, many of the amendments, that were done by the Senate, touch on imposition of taxation, levies, penalties and charges, things that can only be done by this House. Hon. Speaker, I know that there are people in the Senate who thought that it is an ingenious way of introducing such provisions, then take this Bill to mediation to consider these amendments. I implore you that when and if we reject these amendments and we go into mediation, all the clauses that have a money Bill effect, I beg that you ask the House or the Mediation Committee not to consider them because it will be unconstitutional: completely unconstitutional. Second, besides these unconstitutional provisions having been introduced by the Senate, it is also not possible to re-legislate on certain things that we have already legislated on. Towards the tail end of the Session, we legislated on the Tax Procedures Bill, which is now an Act of Parliament. We also legislated on the Tax Amendment Bill, which is now an Act of Parliament. Some of the provisions that the Senate amended in this Bill are covered under the Tax Amendment Act of 2024. Therefore, re-introducing the same clauses in this Bill will be unprocedural and against our own Standing Orders. It is unconstitutional, illegal, null and void. Therefore, Hon. Speaker, I beg that when you will be making your determination on the clauses that will be mediated on, you direct that the Mediation Committee, when we form one, does not consider some of these provisions that are unconstitutional and have already been legislated on, especially touching on the Money Bill provisions. This is because we cannot allow the Senate, as a lower House, to take over the mandate of the upper House. I have never used those words in my almost 13 years in this House, on which House is upper because it is not important. However, it is important to adhere to the provisions of the Constitution. The drafters of the Constitution had reasons as to why they did not give powers to appropriate resources to the Senate; they had reasons why they never gave powers to the Senate to levy taxation or even fees on Kenyans and they had reasons why they said that the Senate represents the counties and the National Assembly represents the people of Kenya. Therefore, it is only those who represent the people of Kenya who can impose taxation on them. The Senate cannot go behind our backs and begin to impose taxes then pretend that we can come and mediate on taxation. We cannot mediate on tax matters with the Senate. With those remarks, I beg the House to agree with the Departmental Committee on Sports and Culture and reject in totality all the amendments that came from the Senate. We can then mediate on all the other clauses, except those that have a Money Bill effect with us. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}