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"id": 384798,
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"content": "(a) A certified copy of the Division of Revenue Bill, 2013, as passed by the National Assembly on 9th May, 2013, and as further passed by the Senate on 23rd May, 2013. (b) A Message from the Senate to the National Assembly requesting concurrence of the National Assembly to the amendments made by the Senate. At its sitting held on Thursday, 6th June, 2013, the National Assembly purported to ignore or reject the amendments passed by the Senate and to resolve, in departure from the provisions of the Constitution, that the Bill be referred to the President for assent without reference to the mediation process. By a letter dated 7th June, 2013, I brought to the attention of the President the unconstitutionality of the action taken by the National Assembly and requested the President, pursuant to Article 115(1)(b) of the Constitution, to refer the Bill back to Parliament for reconsideration by Parliament in the manner provided for by the Constitution. The Bill as passed by the National Assembly was assented to and published on 11th June, 2013 and was stated as coming into force on the same day. However, on 17th June, 2013, a corrigenda was published in the Kenya Gazette by which the date of assent was amended to read “10th June, 2013” while the date of commencement was amended to read “25th June, 2013.” Hon. Senators, as you are aware, it is these events that led to the Senate seeking the advisory opinion of the Supreme Court in terms of Article 163(6) of the Constitution. Hon. Senators, the importance of the matters canvassed by Sen. (Dr.) Khalwale cannot be gainsaid. The sharing of the revenues of the Republic of Kenya, both vertically and horizontally, is, as we have previously observed, at the core of the devolved government system that we have created. The implementation of the Constitution in this regard is, therefore, a matter not merely about outcomes, but also about processes. The outcomes speak to the amount of money to be allocated to the two levels of government while the processes speak to the procedure as set out in the Constitution. The central point which must not be lost in this matter is that the objections which have led the Senate to seek an advisory opinion from the Supreme Court in relation to the Division of Revenue Bill, 2013, are not only about the amount of money allocated to the counties as those bent on diverting public attention and misrepresenting the issues on this matter have contended. This is not about Kshs210 billion or Kshs258 billion; or for that matter, any other amount. Even more importantly, this is not and has never been, as has been misrepresented by a number of commentators, about ego trips and supremacy battles. These distortions need to stop. Hon. Senators, the big question, the only question, is whether or not in accordance with our Constitution, the allocation of revenue as between the national Government and the county governments require the participation and agreement of the two Houses of Parliament; or whether, under the Constitution, it is a matter solely for one House. This is a fundamental constitutional question that must not be buried in subterfuge or conundrum. This is the basic question that the Senate has placed before the Supreme Court for its opinion. This is the basic question that the Supreme Court will advise upon. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}