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{
"id": 406906,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/406906/?format=api",
"text_counter": 235,
"type": "speech",
"speaker_name": "Sen. Murkomen",
"speaker_title": "The Temporary Speaker",
"speaker": {
"id": 440,
"legal_name": "Onesimus Kipchumba Murkomen",
"slug": "kipchumba-murkomen"
},
"content": " Hon. Senators, before I put the question, I would like to apply my mind to whether this is a Bill concerning counties or not. Hon. Senators, Article 110 of the Constitution requires that a Bill concerns counties if it is a Bill containing provisions affecting the functions and powers of the county governments as set out the in Fourth Schedule, a Bill relating to elections of Members of County Assembly or County Executive and a Bill referred to in Chapter 12 affecting the financing of county governments. If you look at the Regulations before us and which we have discussed, they neither contain provisions relating to functions and powers of county governments as provided for in the Fourth Schedule; nor do they relate to Members of the County Assembly or County Executive and the finances of county governments. If you look at Article 123 which deals with the decisions of Senate, it provides that when the Senate is voting on any matter other than Bills, the Speaker shall rule on whether the matter affects or does not affect counties. In the first place, these regulations are not a Bill. They are regulations. Since it is not a Bill, it is incumbent upon me to make a ruling as to whether it does affect counties or not. As I have already said, these Regulations do not affect counties. So the question that comes before us is why did the Regulations come to this House if they do not affect counties? If you read the Public Finance Management Act, Section 205, it is express and says that the Cabinet Secretary may make regulations not inconsistent with this Act respecting any matter that is described under this Act or for carrying out or giving effect to this Act. In making regulations, the Cabinet Secretary shall consult the inter- government budget and economy council, I am sure he did so, and the regulations may apply or be limited in application of different factors and so forth. If you read Section 205(5), it says; regulations approved under sub-section 4 shall not take effect unless approved by a resolution passed by Parliament and Parliament is both Houses, that is, the National Assembly and the Senate. In sub-section (5), it says that regulations approved under sub-section (4) shall take effect on the day after the date in which both Houses approve them or if a later date is specified in the regulations. So, both Houses again were emphasized. In sub-section (6), it says, if a House of Parliament does not make a resolution either approving or rejecting the regulations within 14 sitting days after submission, the House shall be deemed to have approved the regulations. So, in other words, I would like us to be very clear that these regulations were imported and brought to this House, pursuant to the provisions of Section 205 of the Public Finance Management Act which makes it mandatory that the regulations made under the Act must be approved by both Houses. Therefore, it falls under Article 123(3) 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 of the Constitution which is that these regulations are a matter which does not affect counties other than a Bill. So, in the usual manner since this is a matter that does not affect counties, we will be voting by simple majority. Now based on my ruling, further consideration going forward, the Speaker should contextualize the place of regulations in the discourse of Bills because we are still going to have the Committee Stage tomorrow. So, we need to contextualize the position of the Regulations and the fact that it goes through the First Reading, the Second Reading and so forth. That ruling should substantially be made by the Speaker."
}