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    "id": 364066,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/364066/?format=api",
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    "content": "the Division of Revenue Bill divides revenue between the National Government and the county governments. Therefore, if we will involve the Senate in that assignment then what we are in effect doing is that the Senate is also legislating for the National Government. However, Article 96 of the Constitution is very clear to me. I read the opinion of Prof. Yash Pal Ghai who is one of the renown professors in constitutional matters, and I basically agreed with it. For those who have not read it, they can read it on The Star that was published on Saturday. He actually supported my position which I had explained earlier on. However, if you read Article 96, you will see that the Senate represents the counties. The Senate also serves to protect the interest of the counties and their governments. This Article goes ahead to say that the Senate participates in the law- making function of Parliament by considering, debating and approving Bills concerning counties, as provided in Articles 109 to 113. So, the key words here are “Bills concerning counties”. The question that one needs to ask is: “Does the Division of Revenue Bill qualify to be called a Bill concerning counties?” Actually, the Division of Revenue Bill does not concern counties. This is a Bill that concerns both the National Government and the county governments in terms of dividing revenue to the two levels. Hon. Speaker, Sir, if you look at Article 110 and the reason why I got very convinced that this Bill, in the first place, should have not gone to the Senate and that I agree entirely with your ruling, and that is why I am urging this House that we make a resolution through this Motion to forward the Bill as we passed it in the National Assembly to the President for assent--- If you read Article 110, you will find that it talks about Bills concerning county government. Article 110 says:- “1(a) a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule.” That is very clear. If you are passing any Bill concerning the functions and powers as set out in the Fourth Schedule of this Constitution, you have to consider that, that is a Bill concerning county government. Article 110(1) says:- “(b) a Bill relating to the election of members of a county assembly or a county executive; and (c) a Bill referred to in Chapter Twelve affecting the finances of county governments.” This is where most of us who have been arguing that the Division of Revenue Bill should have gone to the Senate picks up the argument; that it talks about a Bill referred to in Chapter Twelve. However, the operating word here is in singular. It refers to “a Bill”."
}