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{
    "id": 384709,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/384709/?format=api",
    "text_counter": 90,
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    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Economic Affairs; Devolved Government; Legal Affairs and Human Rights and Committee on Implementation have spoken. One of our elders, Sen. Kiraitu Murungi, has also spoken to this issue. We have all said something. Let word go forth from the Floor of this House that the Senate is speaking with one voice on this particular issue. It must be known that the Senate is taking its constitutional responsibilities to protect the Constitution and promote the democratic governance of this country seriously. Mr. Speaker, Sir, I will not go into issues of law but let me remind the House that this is the first Bill under the new Constitution. We have a constitutional responsibility to protect the Constitution and to promote the democratic governance in this country through the Senate. Therefore, if this is not properly handled, it will create the most dangerous precedence which will most likely nullify the role of the Senate under our Constitution. Mr. Speaker, Sir, we know you have already ruled on what touches on counties. Therefore, this is a legitimate concern of the Senate. I do not want to go through the provisions. There are very many provisions regarding this matter under our Constitution. However, I want to draw your attention to the fact that even the Supreme Court had to interpret on what touches on the counties. The Supreme Court of this land dealt with this matter in the Constitutional Application No.2 of 2011 concerning the issue of the date of national elections. As you know, national elections under the Fourth Schedule is a matter of the national government. A number of groups had gone to court over that issue including a group which was representing the interests of counties. A challenge was met. The group went under Article 163(6) of the Constitution which says: “The Supreme Court may give advisory opinion at the request of the national government, any state organ, or any county government with respect to any matter concerning county government.” So, what does the phrase, “concerning county governments” involve? The definitions are there under the Constitution. However, the Supreme Court has also come out concerning the matter. I will read a bit of it to underline the importance of what we are talking about. I will remove my glasses. ( Laughter)"
}