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{
    "id": 502250,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/502250/?format=api",
    "text_counter": 82,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "OBSERVING that this situation has continued to persist since the constitution of the two Houses of Parliament after the last General Elections; DESIROUS that there should be a conclusive determination on the manner in which legislation should be processed between the two Houses and on the concurrence process under Article 110(3) of the Constitution, including the procedure to be observed where there is no concurrence between the two Speakers; NOTING ALSO that the intervention of the Courts has on several occasions been sought by various parties on matters that are actively before the Senate and which are within the constitutional jurisdiction of the Senate; OBSERVING that where such intervention has been sought, the Courts have proceeded to issue orders whose effect has been to stop the Senate from executing its constitutional mandate; AND NOTING that similar court orders have also been sought and issued against a number of County Assemblies resulting, in some cases, in a situation where the affected County Assemblies have been unable to hold their sittings thus affecting the execution of the functions and powers of the entire County Governments; CONCERNED that the issuance of such Court orders has the potential of crippling the legislative arm of Government both at the national and county levels; further undermining the implementation of the devolved system of Government; NOW THEREFORE THE SENATE RESOLVES to immediately seek an Advisory Opinion from the Supreme Court on, among others, the following matters- (1) the constitutional status of Acts of Parliament which have been passed by one House of Parliament and assented to in contravention of Article 110(3) of the Constitution; (2) the appropriate way forward when there is a lack of concurrence by the two Speakers of Parliament on any particular Bill; (3) the appropriate jurisdiction of the courts over the Senate and the national Parliament in general as well as over the county legislative assemblies when these are exercising the constitutional mandates; AND CONSEQUENTLY FURTHER RESOLVES that the necessary administrative measures be put in place to ensure that the Senate is appropriately represented in this matter at the Supreme Court."
}