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"id": 382746,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/382746/?format=api",
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"type": "speech",
"speaker_name": "Sen. (Dr.) Khalwale",
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"legal_name": "Bonny Khalwale",
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"content": "Mr. Speaker, Sir, I am rising under Standing Order No.158(5) to seek direction from the Chair on a matter which is fairly urgent. Mr. Speaker, Sir, you will recall that the Division of Revenue Bill, which was assented to by His Excellency the President came into force on 25th June, 2013. This is in accordance with Article 116 of the Constitution of Kenya which provides that such an Act, once assented to, can only come into force after 14 days. According to Standing Order No.158(5), this House is, therefore, required to generate a County Allocation of Revenue Bill within a period of seven days. As I speak, there are five more days to go. The House will recall that the Division of Revenue Act is a vexing matter to the nation, this House, the Governors and all the County Governments, having, as a House, contested the constitutionality of that process. In fact, as the Senate well knows, this matter is currently very active at the Supreme Court. This, therefore, raises the critical question of whether this Senate can proceed within the remaining five days with the process of initiating, considering and debating the County Allocation of Revenue Bill. Mr. Speaker, Sir, I am requesting the Chair to give a clear direction on whether we can proceed. If it is in the opinion of the Chair that we proceed, let us do so when, again, the Chair has made it abundantly clear on the meaning of that proceeding. In my judgment, if we proceed, the challenge is: Do we proceed with the National Assembly version of Kshs210 billion of the revenue which is being shared or do we proceed with the version the Senate which recommended an allocation of Kshs258 billion? Mr. Speaker, Sir, needless to remind you, this House, up to now, has not vacated its resolution. The resolution of the Senate is still as it was, that of an allocation of Kshs258 billion. This is the resolution that the National Assembly contradicted. Is it possible for the Senate to proceed against itself? Will we go on with the provision of Kshs210 billion and yet our resolution was Kshs258 billion? We shall effectively be proceeding against ourselves. If we choose to proceed with the version of the National Assembly of Kshs210 billion, where does that leave the Senate before the Supreme Court? Shall we not become complicit in it? Mr. Speaker, Sir, there is even a greater issue of sub judice . When we shall be debating the County Allocation of Revenue Bill, we will, obviously, walk into the area of"
}