Entry Instance

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

{
    "id": 499872,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/499872/?format=api",
    "text_counter": 133,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "AND WHEREAS Article 94 provides for the role of Parliament and, in particular, provides at Article 94(1) that the legislative authority of the Republic is derived from the people and, at the national level, is vested in and exercised by Parliament; AND WHEREAS Articles 95 and 96 of the Constitution provide for the specific roles of the National Assembly and the Senate; AND WHEREAS Article 96 of the Constitution provides that the Senate represents the Counties and serves to protect the interests of the Counties and their Governments and further participates in the law-making function of Parliament by considering, debating and approving Bills concerning Counties as provided in Part 4 of Chapter Eight of the Constitution; COGNIZANT that pursuant to Article 3 of the Constitution every person has an obligation to respect, uphold and defend the Constitution. FURTHER COGNIZANT that Article 163(6) of the Constitution provides that the Supreme Court may give an advisory opinion at the request of the national Government, any State organ, or any County Government with respect to any matter concerning County Government; RECALLING that the Supreme Court of Kenya in Supreme Court Advisory Opinion No. 2 of 2013 reaffirmed the central role of Senate in the legislative process and in particular with respect to Bills that concern County Governments and further pronounced itself on the manner in which, pursuant to Article 110(3) of the Constitution, the Speakers of the two Houses are to jointly resolve the question as to whether a Bill is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill; AND WHEREAS despite the Supreme Court’s Advisory Opinion, the National Assembly has failed to adhere to the requirements of Article 110(3) of the Constitution- (a) in respect of forty-six (46) Bills originating in the National Assembly, by publishing and considering the Bills and where such Bills have been passed by the National Assembly, by proceeding to secure presidential assent to the Bills without seeking the concurrence of the Speaker of the Senate in terms of Article 110(3) of the Constitution; and (b) in respect of twenty-one (21) Bills originating in the National Assembly, by proceeding to consider the Bills in circumstances where the concurrence process under Article 110(3) has been initiated but has not been concluded and in disregard of the proposals by the Speaker of the Senate, in accordance with the directions given in the Advisory Opinion of the Supreme Court, for the establishment of a Joint Committee to advise the Speakers on the nature of the Bills, and thereafter, where such Bills have been passed by the National Assembly, by proceeding to secure presidential assent to the Bills; OBSERVING that in the case of twenty-six Bills originating in the Senate, the Speaker of the Senate has sought the concurrence of the Speaker of the National Assembly in terms of Article 110(3) of the Constitution, and the Speaker of the National Assembly has either not responded to the Speaker of the Senate or where there has been a response, has on each occasion stated that the Bills do not concern County Governments even though the Bills manifestly affect the functions and powers of the County 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."
}