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"content": "(c) Where the function is not mentioned in the Fourth Schedule as it remains an exclusive function of the national Government pursuant to Article 186(3) of the Constitution; and, (d) Where the function is exclusively vested in the county government but the national Government wants to invoke the provisions of Article 186(4) of the Constitution to legislate on this function. Where the national legislature proceeds to legislate in furtherance of paragraphs (a) and (c), Article 109(3) of the Constitution contemplates that process to be an exclusive preserve of the National Assembly. Where the national legislature proceeds to legislate in furtherance of paragraph (b), Article 110 contemplates that process to be a preserve of both the National Assembly and the Senate. Where the national legislature proceeds to legislate pursuant to Article 186(4) and thereby legislating on functions exclusively assigned to county governments to the exclusion of the National Government, the process is a preserve of both the National Assembly and the Senate. It is my view, therefore, that given the nature of our bicameralism, only a handful of laws would fall in this category; where both Houses have to work. When such a law is proposed, as your Speaker, I will not hesitate to forward such a Bill to the Senate. The question contemplated under Article 110(3) of the Constitution, therefore, only arises if the Bill before the Assembly relates to matters within the Fourth Schedule falling within the concurrent jurisdiction of both the national and county government or within the exclusive jurisdiction of the county government. The framers of the Constitution did not give us a constitutional dispensation that is akin to that of the United States of America where the Senate has full legislative powers in a system of government that is fully federalist or, indeed, the United Kingdom, for that matter, where the House of Lords enjoys full legislative powers. Article 109, as read together with Part 1 of Chapter 8 of the Constitution clearly demarcates the legislative boundaries of the Houses of Parliament in the Kenyan Parliament. This is a fact that we must all be alive to at all times, that our bicameralism is unique to the Kenyan context!"
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