{"id":508630,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/508630/?format=json","text_counter":335,"type":"speech","speaker_name":"Hon. Gethenji","speaker_title":"","speaker":{"id":2874,"legal_name":"James Ndungu Gethenji","slug":"james-ndungu-gethenji"},"content":"Hon. Temporary Deputy Speaker, he is my senior and former Chair of the Departmental Committee on Defence and Foreign Relations. As a legislator who has sworn to uphold and protect the Constitution of this country, and far from wishing to be seen to be standing in the welfare of retired military officers - in fact, I am on record as being one of the greatest defenders of Kenya Defence Forces (KDF) as an institution. It is an institution I hold in very high esteem for the dedication and service they give to the people of this nation. As the Chair of the Departmental Committee on Defence and Foreign Relations, I am doubly bound over and above being a Member of Parliament, to ensure that the procedure of this House and the Constitution are upheld. In the description of this Bill, it says that the enactment of this Bill shall not occasion additional expenditure of public funds. I draw your attention to the Standing Order No.47(3), which says that:- “If the Speaker is of the opinion that any proposed Motion is- (b) contrary to the Constitution or an Act of Parliament, without expressly proposing appropriate amendment to the Constitution or the Act of Parliament- the Speaker may direct either that, the Motion is inadmissible, or that notice of it cannot be given without such alteration as the Speaker may approve or that the Motion be referred to the relevant Committee of the Assembly, pursuant to Article 114(2) of the Constitution”. Moving to Article 114(2) of the Constitution, which is on money Bills, it says:- “If, in the opinion of the Speaker of the National Assembly, a motion makes provision for a matter mentioned 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 the Cabinet Secretary responsible for Finance”. In the Committee, we deliberated over this Bill and we observed that, indeed, it falls into the category of a money Bill. We even sought the advice and intervention of the Speaker. We wrote to the Speaker on 11th March, 2014, but to date, we have not had a response. If I may paraphrase from the letter, we said that noting everything that is provided in the Bill however, in the preliminary findings of the Committee, the Bill is a money Bill in terms of Article 114 of the Constitution, as its enactment shall occasion additional expenditure of public funds. There is no evidence of the views of the Cabinet Secretary responsible for Finance having been taken into consideration by the proposer. We then went on to say that:- “The Committee, therefore, requests your advice on the matter. The Committee requests that the House Business Committee defers scheduling of the Bill pending your advice”. I was surprised then to find this Bill listed on the Order Paper this morning in light of all the above. It is not the intention of the Committee to stand in the way of the 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."}