Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 476733,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/476733/?format=api",
    "text_counter": 454,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "Sub-Article (1) talks about the National Assembly and the Senate. It says they will perform respective functions set forth in the Constitution. Of course, those functions are specified for the National Assembly under Article 95 and for the Senate, under Article 96. The business of doing the Division of Revenue Bill is sitting with the National Assembly, under Article 95(4). The business of distributing money across the counties, through the County Allocation of Revenue Bill, is the business of the Senate. Hon. Temporary Deputy Speaker, as the National Assembly, we made a mistake by setting the precedent of sending a matter which properly belongs to the National Assembly to the Senate. I know that people are saying: “The Supreme Court made a decision”. We must learn to distinguish between an opinion and an enforceable decision, which we call an “order”, which has to be acted upon by institutions. The Supreme Court was giving opinion. They were giving their thoughts on the lamentations by the Senate. We need to take this very seriously. Imagine a situation where the issue of division of revenue by this country failed in the Mediation Committee. Where would we be? There is no contradiction, if you look at the provisions of the Constitution in Article 218. In Article 93, it is already clear, these are specific functions and if you look at Article 218(1) it is talking of Division of Revenue Bill and County Allocation of Revenue Bill. There is no contradiction. I wanted to urge the Members of this great National Assembly who are supporting this Bill and maybe in the Majority side, that we do not establish a precedent which may haunt this nation and our future. In principle, there is no public good great enough as to enable or justify the violation of the Constitution. The people of Kenya gave themselves this Constitution and the laws are clear, we are mulling over weakness of institutions. Are we going to be tied as the people of Kenya because an institution could have made an error or not? In terms of our society moving forward, we are still talking about IEBC issues, because of decisions of the Supreme Court. We know we cannot appeal, but we must distinguish and really make decisions in terms of how to move. Secondly is the issue of Level 5 hospitals. In the entire Homa Bay County---"
}