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{
    "id": 1539579,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1539579/?format=api",
    "text_counter": 1363,
    "type": "speech",
    "speaker_name": "Hon. David Ochieng’",
    "speaker_title": "The Temporary Chairman",
    "speaker": null,
    "content": "provisions of Article 114 of the Constitution. For clarity, Article 114(2) of the Constitution provides: “If, in the opinion of the Speaker, a motion makes provisions for a matter listed in the definition of a Money Bill, the Assembly may proceed only in accordance with the recommendation of the relevant Committee after taking into account the views of the Cabinet Secretary for Finance.” Under Article 114(3) of the Constitution, a Money Bill includes matters that contain provisions dealing with, inter alia, taxation; the imposition of charges on a public Fund; the appropriation, receipt, custody, investment or issue of public money; and, the raising and guaranteeing of any loan or its repayment. The principal object of the Public Finance Management (Amendment) (No.2) Bill, 2024 that is before the House is to amend the Public Finance Management Act (CAP. 412A) to align the timelines for the consideration and passage of the Finance Bill by county assemblies and the National Assembly. However, you will notice that certain proposed amendments to the Bill by the Departmental Committee on Finance and National Planning contain a disclaimer as indicated in the Supplementary Order Paper for this afternoon Sitting. Therefore, I will guide the House with regard to the manner of consideration of the various amendments. Hon. Members, I have analysed the amendments proposed to the said Bill and noted that New Clauses 4F, 4G, 4H, and 4I contain proposals touching on matters listed in the definition of a Money Bill, pursuant to the provisions of Article 114(2) of the Constitution. The amendments propose the creation of a Public Sector Accounting Standards Board as a corporate body. This will lead to additional public expenditure contrary to Article 114 of the Constitution. New Clause 4H, in particular, provides that the funds of the Board shall include monies appropriated by the National Assembly. In view of the Cabinet directive dated 21st January 2025 on rationalisation of state corporations, there is need to undertake further consultations on the establishment of that Board. As such, I direct that the Committee of the whole House shall not consider any amendments published in the Order Paper with a disclaimer. The Bill will proceed without referring to the proposed amendments. As I have said, they are New Clauses 4F, 4G, 4H, and 4I. The Bill will be considered as though the amendments have been withdrawn. The House is accordingly guided. I thank you. Members, let us start."
}