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"id": 384804,
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"content": "“Before either House considers a Bill, the Speakers of the National Assembly and Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.” This provision was the cause of the present dispute. Since then, I am obliged to inform you that the following Bills have been introduced in the National Assembly and read a first time without recourse to the Speaker of the Senate and, therefore, the Senate and is in contravention of Article 110(3) of the Constitution. The Bills are as follows:- (1) The Microfinance (Amendment) Bill, 2013 which was read a First Time on 27th June, 2013; (2) The Kenya Deposit Insurance (Amendment) Bill, 2013 which was read a First Time on 27th June, 2013; (3) The Insurance (Amendment) Bill, 2013, which was read a First Fime on 27th June, 2013; (4) The Insurance Motor Vehicle Third Party Risks (Amendment) Bill 2013 which was read a First Time on 27th June, 2013; (5) The Tax Appeals Tribunal Bill, 2013 which was read a First Time on 27th June, 2013; (6) The Capital Markets (Amendment) Bill, 2013, which was read a First Time on 27th June, 2013; (7) The Supplementary Appropriation Bill (No.2) of 2013, which was read a First Time on 26th June, 2013; and (8) The Appropriation Bill, 2013 which was read a First Time on 22nd June, 2013. Hon. Senators, we are staring at a constitutional crisis. The legislative process as contemplated by Article 110 of the Constitution has broken down. I have brought this matter to the attention of the Speaker of the National Assembly by a letter dated Thursday, 27th June, 2013, requesting his early response on the matter. Hon. Senators, I also wish to confirm that I have written to him on the County Allocation of Revenue Bill and he has concurred. This is evidence, if any was wanting, that to approach this, as a matter of whether Kshs210 billion or Kshs258 billion is to accept to be thrown entirely off-track. What is at stake is a lot bigger. The question is, really whether we have a bicameral Parliament or not, whether the constitutional provisions in relation to the chapter on the Legislature are worth the paper on which they are written. Unless these matters are unequivocally resolved, it is quite clear that the legislative process will remain turbulent. Hon. Senators, in answer to the request for directions by Sen.(Dr.) Khalwale, I, therefore, direct that the County Allocation of Revenue Bill, 2013 be read a First Time as listed in today’s Order Paper and that pending the Supreme Court’s advisory opinion, the Bill be proceeded upon in the manner provided for by the Constitution, the laws and Senate Standing Orders. Let me conclude by reiterating that all the recent events notwithstanding, for our part as the Senate, we shall continue to be guided, and to abide by all the requirements of 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."
}