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{
    "id": 362037,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/362037/?format=api",
    "text_counter": 233,
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    "content": "third issue as to whether the Division of Revenue Bill, 2013 is required to be introduced in both Houses within the meaning of Article 218 of the Constitutions are issues which are intrinsically interrelated. Article 110 (1) (c) provides that “a Bill concerning county government means a Bill referred to in Chapter Twelve affecting the finances of county governments”. An analysis of Chapter Twelve of the Constitution reveals that the only reference to Bills is found in Article 218 of the Constitution which provides as follows: 218. “(1) At least two months before the end of each financial year, there shall be introduced in Parliament— (a) a Division of Revenue Bill, which shall divide revenue raised by the national government among the national and county levels of government in accordance with this Constitution; and (b) a County Allocation of Revenue Bill, which shall divide among the counties the revenue allocated to the county level of government on the basis determined in accordance with the resolution in force under Article 217.” Hon. Members, Article 259 of the Constitution requires that the Constitution be interpreted in a manner that best promotes its purposes, values and principles and further that every provision of the Constitution must be construed according to the doctrine of interpretation that the law is always speaking and therefore amongst other things that a function or power conferred by the Constitution on an office may be performed or exercised by the person holding the office. The provisions of Articles 110 and 218 of the Constitution must therefore be looked at from a holistic and not segregatory manner. The provisions must be looked at in the context of the roles of the two Houses as set out in Part 1 of Chapter Eight of the Constitution as this is the only interpretation that favours that the law is speaking and that the provisions of Part 1 of Chapter Eight of the Constitution were not meant to be without meaning. Article 110 (1) and 218 of the Constitution must therefore be construed in relation to the provisions of Part 1 of Chapter Eight of the Constitution. In so doing, the first point to note is that Article 110(1) (c) is worded in the singular and not the plural and the reference therefore is to one of the two Bills referred to in Article 218 and not both. The only Bill in Article 218 that affects the finances of county governments within the jurisdictional role of the House of Parliament as set out in Part 1 of Chapter Eight of the Constitution is the Annual Allocation of Revenue Bill. Secondly, the opening words of Article 218 of the Constitution that “---there shall be introduced in Parliament---” cannot be used to impose a requirement that the intention was to have the two Bills introduced in both Houses as opposed to one."
}