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{
    "id": 489265,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/489265/?format=api",
    "text_counter": 847,
    "type": "speech",
    "speaker_name": "Hon. Kajwang’",
    "speaker_title": "The Temporary Deputy Chairperson",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": " All right. That is not any new information. We have that information here with us. It is the law. You are interpreting the law, which we have. Let us look at the law together on page 77 of the Constitution, if you have this version that I have. I am reading Article 114 of the Constitution; I know many of you do not have to be lawyers to follow this. You just need to be a Kenyan to understand it. Article 114 (1) states as follows: “A money Bill may not deal with any matter other than those listed in the definition of “a money Bill” in sub-clause (3)” Sub-Clause (3) defines what “a Money Bill” is and says:- “In this Constitution, “a money Bill” means a Bill specified in Article 218 that contains provisions dealing with taxes, the imposition of charges on a public fund or repeal of any of those charges, appropriation, receipt, custody of public money---” If you go to Sub-section (2) - and this is the sub-section that you need to understand because hon. Members have made discussions on it - it states as follows:- “If, in the opinion of the Speaker of the National Assembly, a Motion makes provision for a matter listed in the definition of “a money Bill”, the Assembly may proceed only in accordance with the recommendation of the relevant Committee of the Assembly after taking into account the views of Cabinet Secretary responsible for Finance.” Now the Constitution begins with these beautiful words. “If, in the opinion of the Speaker” So that if the Speaker feels that a particular amendment is in the nature of money Bill, then the Speaker will direct that the money Bill be dealt with according to the recommendation of the Committee and taking into account the views of the Cabinet Secretary (CS). In the Order Paper, there is an amendment on which due notice was given to the Speaker and the Speaker authorized it to come on the Order Paper. Therefore, I find that the Constitution expressly states itself on this matter and it is very clear to me beyond a pre-adventure and to the extent that I have an amendment appearing in the Order Paper. Hon. Members, I remember I was one of those that in another instance, I proposed a Bill which was a money Bill and because of Article 114, I could not be able to move it on the Floor of the House because I had not sought guidance from the Committee and the Cabinet Secretary. That was because, in the opinion of the Speaker, that was a money Bill. I was not allowed to move it. I find that this ruling is very consistent with what I see in the Order Paper and, therefore, I am not prepared to rule it unconstitutional."
}