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{
"id": 499144,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/499144/?format=api",
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"type": "speech",
"speaker_name": "Hon. A.B. Duale",
"speaker_title": "",
"speaker": {
"id": 15,
"legal_name": "Aden Bare Duale",
"slug": "aden-duale"
},
"content": "required by the Constitution but many months down the line, the Senate has not finalised their consideration. They are:- (i) The Fertilizers and Animal Foodstuffs (Amendment) Bill, which was passed on 19th June, 2014. (ii) The Public Procurement and Disposal (Amendment) Bill, which was sponsored by hon. Sakaja and passed by this House on 24th April, 2014. (iii) The Statute Law (Miscellaneous Amendments) Bill, which was passed by this House on 23rd July, 2014. (iv)The Division of Revenue Bill, 2014, which was passed on 24th July, 2014. Hon. Deputy Speaker, these are Bills which were moved and passed by Members of this House but which, nine months down the line, the Senate is yet to dispose of. I also want to make it very clear that under Article 109(5) of the Constitution, all money Bills ought to originate from the National Assembly. That is why the Attorney- General of the Republic of Kenya, in compliance with the Constitution, forwards Government Bills – which are mostly money Bills – to the National Assembly for origination. I want to make it very clear that the Attorney-General is not involved at all in determining whether a Bill concerns county governments as envisaged in Article 110(3). So, the Attorney-General is not the final determiner. The final determiners are the Speakers of the two Houses of Parliament, as provided for under Article 110(3) of the Constitution. Hon. Deputy Speaker, on the other hand, the Senate has flagrantly abused the Constitution by publishing and considering several Bills which are clearly money Bills. The Constitution requires that money Bills originate from the National Assembly, but the Senate went ahead to publish money Bills, in spite of prior notification by the National Assembly for them not to originate such Bills, and thereby breaching Article 109(5) of the Constitution. Since I would not want to be seen to be blowing hot air, I would like to give examples of money Bills published by the Senate as follows:- (i) The County Hall of Fame Bill, 2014 (ii) The National Resources (Benefit Sharing) Bill, 2014 (iii) The Intergovernmental Relations (Amendment) Bill, 2014 (iv) The Office of the County Attorney Bill, 2014 (v) The Public Fundraising Appeals Bill, 2014 (vi) The County Industrial Development Bill, 2014 (vii) The National Government Co-ordination (Amendment) Bill, 2014 (viii) The County Retirement Scheme Bill, 2014 All these are money Bills and, therefore, ought to have originated from the National Assembly. The same Senate that is accusing the Speaker of the National Assembly is violating the Constitution because all the Bills that I have read out are money Bills as per Article 109(5). The Senate has also gone ahead to publish and consider Bills which, clearly, do not concern the counties, and thereby breaching Article 109(3) of the Constitution, which requires that Bills not concerning the counties be considered and passed by the National Assembly only. Bills which ought to be passed by the National Assembly only, but which are now before the Senate, include:- (i) The Universities (Amendment) Bill, 2014 The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}