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{
    "id": 468554,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/468554/?format=api",
    "text_counter": 155,
    "type": "other",
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    "content": "(b) return the Bill with a message to the National Assembly “That the Senate has rejected the Bill and the Bill has been referred to a mediation committee; or (c) cause any amendment or amendments that may have been made to the Bill in the Senate to be entered in the Bill received from the National Assembly, and an amended copy of the Bill, signed by the Clerk and endorsed by the Speaker shall then be returned to the National Assembly with a message desiring the concurrence of the National Assembly to the amendment or amendments made by the Senate.” Where the Senate amends a Bill, Standing Order No.145 of the National Assembly Standing Orders requires the National Assembly to consider the amendments from the Senate in Committee of the Whole House on such day as the House Business Committee of the National Assembly shall appoint. Hon. Senators, each amendment will either be agreed to or rejected by the National Assembly. Standing Order 148 of the National Assembly provides that where the National Assembly agrees to pass the Bill as amended, the Bill shall then be referred to the President for ascend in terms of Article 115 of the Constitution. Where the National Assembly rejects the Bill as amended, the Speaker of the National Assembly shall refer the Bill to a mediation committee. Hon. Senators, having explained all this, I need to call the attention of the Senate and the country at large to the significance of this matter. Article 259(1) of the Constitution provides that the Constitution shall be interpreted in a manner that; 1) This Constitution shall be interpreted in a manner that— (a) promotes its purposes, values and principles; (b) advances the rule of law, and the human rights and fundamental freedoms in the Bill of Rights; (c) permits the development of the law; and (d) contributes to good governance. Hon. Senators, nothing would depart more from the letter and spirit of Article 259 of the Constitution, to my mind, than to interpret the Constitution to mean that the people of Kenya, having established an elaborate system of devolved government, complete with a Chamber of Parliament dedicated to representing and protecting the interests of devolved government, intended that this representation and protection should not extend to the process of determination of the sharing of finances between the national and county levels of government. It cannot have been the intention of the people of Kenya that the Senate and county governments would be entirely at the mercy of the National Assembly, a majoritarian House, to determine the amounts of monies, if any, that would be shared by the counties."
}