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{
    "id": 442817,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/442817/?format=api",
    "text_counter": 87,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "This Bill touches on about seven Bills that were enacted by the Tenth Parliament towards the very end. The purpose of this Bill is not so much to go into the merits of those Bills which are being considered by the various committees. The purpose of this Bill is to ensure that the Bills that were enacted by the Tenth Parliament, towards the very end of their term, are consistent with the Constitution. Mr. Deputy Speaker, Sir, the common feature of all these Bills is that the matters that were being legislated by the Tenth Parliament were matters which under the Constitution fell within the Fourth Schedule, Part Two of functions to be performed by the county governments. In all these Bills, the roles of the county governments as stipulated in the Constitution, were not taken into account. The Bills were being passed as if they were Bills enacted under the old Constitution and not under the new Constitution when we did not have a devolved government. That is why I said, it will take me a short time to move this Bill. Mr. Deputy Speaker, Sir, this points to a very important issue; that if the Tenth Parliament can pass a Bill in total disregard of the provisions of the new Constitution in respect of functions to be performed by the county governments, then all the more why this Senate should insist that the procedures that are set out in the Constitution must be followed as regards to legislation. In a sense one can excuse the Tenth Parliament for having done that because it was really at the tail end of that House. As at that time, there was no Senate. One can excuse them for having passed Bills that did not strictly comply with the Constitution. But it shows that it is extremely important that the Senate, which is now in place and is supposed to legislate on all matters that touch on counties, that the Speakers of the Senate and National Assembly ensure that the procedures of handling these legislations are done in a very seamless manner as set out in the judgment that was given by the Supreme Court of this country when we challenged the issue of the Division of Revenue Bill. One of my delights is that, at least, this year, when dealing with the Division of Revenue Bill, the procedures were followed in accordance with the Constitution. I hope that will be followed in many other Bills. I am expressing this because when you read the functions of the national Government and those of the county governments, there is no area where the county governments cannot have some say, maybe apart from foreign policy. However, in other respects, you will find that the national Government is making policies and the county governments are the ones on the ground ensuring that those policies are implemented. Consequently, nearly all the Bills touch on counties. I hope that, that section in our Constitution where the Speakers must consider all Bills and certify whether or not they are Bills touching on counties, shall automatically be followed. Mr. Deputy Speaker, it also follows that before the President assents to any Bill, he has to get certification from both Speakers that the legislation or this particular Bill has passed through the constitutional provisions regarding it. Of course, if it is a Bill touching on the counties, that the two Speakers must agree. If it is a Bill that does not touch on the counties, that it went through the National Assembly; if the Speakers agree that it is a Bill that touches on the devolved governments, that then it has also gone through the Senate. 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."
}