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{
    "id": 582361,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/582361/?format=api",
    "text_counter": 153,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members, if I was to go to the issues raised by Hon. Partick Musimba, it would just draw the attention of the House that Standing Order No.245 requires the Committee on Finance, Planning and Trade to come here and table a report on the Bill as published by the Cabinet Secretary (CS) in-charge of the National Treasury and make recommendations. In those recommendations the Committee is required to take into account the various matters listed in Standing Order No.245 (2)(g). More importantly, the report of the Committee on Finance, Planning and Trade should take into account the recommendations of the CS as provided for under Article 114 of the Constitution and Standing Order No. 245 (2)(g); they should take into account taxation and other tariff agreements and obligations that Kenya has ratified, including taxation and tariff agreements under the East African Community Treaty. Those are important matters to bear in mind that when the Committee tables its report it takes into account first of all the recommendations from the CS, Article 114 of the Constitution and what is provided for in Standing Order No.245 (2)(g). So, I do not know in which respect the Departmental Committee has violated Standing No.245 (2). That has not even come out. If Hon. Patrick Musimba intends to address me on various instances of violation that he may be referring to, I would advise that you write them and I will make a ruling on the matter. It is also fair to inform the House that many of your proposals came to me and I indicated that they had implications of a money Bill. Therefore, in terms of Article 114, they needed to be taken before the Budget and Appropriations Committee to consider them. The procedure of that kind of consideration, indeed, is there in that Article 114, that the Budget and Appropriations Committee has to hold meetings with the Cabinet Secretary in charge of National Treasury, so that they take their views. Remember that your proposals came yesterday. We may think that we want others to act like machines but I am sure if, indeed, we are motivated by the desire to see good legislation, there is nothing wrong in giving sufficient notice, so that everybody applies their mind properly. I discussed this with Hon. Patrick Musimba yesterday when I tried to convince him that he needed to go before the Budget and Appropriations Committee, but that is not enough. There must also be representation at that meeting from the National Treasury because, I am sure; in matters of money Bills, the Constitution is very clear why it is required that there must be input from there. To that extent, Hon. Musimba, perhaps, you may have only yourself to blame for sitting on your right for too long, because this Bill was published close to 60 days ago. I am sure that had you put these proposals, they would have been considered. I am sure you would have sat with them. Today, there would be no issue. The proposals which you are making are so important and I discussed them with you. They have such huge monetary implications. It is only fair that there must be input from the National Treasury. That is clearly provided for in the Constitution. I do not think I will entertain introduction of any new matter, save what is on the Order Paper. This now brings me to another point. It means that following the report from Hon. Mutava Musyimi, that the New Clause 35A which was to be proposed by Hon. Jakoyo Midiwo will not be considered during the re-committal. It has not been rejected; I must make that clear, but it will not be considered during re-committal. What proceeds to the Committee of the whole House at re-committal are Clauses 5, 43 and 46. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}