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{
    "id": 380748,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/380748/?format=api",
    "text_counter": 64,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
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    "content": "has gone through. On one hand, matters of division of revenue, at least, in the practical sense are before the Supreme Court of Kenya. There is a relationship between the vertical allocation of revenue and the horizontal allocation because the figure of the amount of money being divided is critical to the horizontal division. One of the difficulties that this House has to contend with is the direction and guidance of the Chair in the figure. We do not know what figure counties are supposed to be dividing. The Senate figure is Kshs258 billion. The figure which was passed is Kshs210 billion. In my own view, I have shared this with a number of other colleagues; the Senate must come out of this matter as an institution that abides by the law of our country. As far as I know and as far as my experience helps me as a lawyer, the Division of Revenue Act is the law of Kenya as we speak. There is no active order of court that has nullified that legislation. The fact that we have contested that Act, in my view, does not give us lawful or legitimate reason not to go ahead with discussing the present Bill. As I have said, there are no orders that nullify or invalidate the Division of Revenue Act of 2013. We went to court because we believed in the rule of law and if we believed that time and even now that the issue of Division of Revenue Act process was not undertaken according to the law; if that is still our belief, then we must also believe that the Division of Revenue Act is an Act of Parliament and, therefore, in terms of the complexity of the figures, I am afraid – I could be wrong but this is from a legal perspective – that the Kshs210 billion is the law until it is overturned by a court of law."
}