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"content": "In other words, the timelines for legislative action by the House have already passed. It has already lapsed and the House is bound to invoke provisions of Article 261 of the Constitution if it wishes to be further seized of the matter. Hon. Members, the fourth issue as to why the Government must seek extension of the period by the House so as to enable Parliament to fully enact the County Governments Bill, 2012, was raised by hon. Martin Ogindo. Under Section 46 of the former Constitution which is saved by Section 3 of the Sixth Schedule to the Constitution of Kenya, 2010, the legislative power of Parliament shall be exercisable by Bills passed by the National Assembly and assented to by the President. Hon. Members, Article 261 of the Constitution of Kenya, 2010, requires Parliament to enact any legislation required by the Constitution within the various specified periods. Under Section 30 of the former Constitution, Parliament consists of the President and the National Assembly. It, therefore, follows that the Bill is only enacted by Parliament when it receives the assent of the President in the manner contemplated under Section 46 of the former Constitution."
}