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"content": "The Senate has, therefore, in the light of the fact that the legislation forwarded by the National Assembly nonetheless concern counties and is required to be processed through the Senate, has chosen the route always of mitigating the harm that would otherwise be caused if the legislative process were to stall on such crucial legislation. As your Speaker, however, in all circumstances, I put on record for posterity our reservations concerning the lack of compliance with Article 110(3) of the Constitution. While noting that despite the mitigating actions taken by the Speaker, the legislation may still be challenged on account of its constitutionality. The eighth scenario is where in respect of a Bill originating in the National Assembly, the Speaker of the National Assembly does not seek the concurrence of the Speaker of the Senate in terms of Article 110(3) of the Constitution and the National Assembly proceeds to consider the Bill and, subsequently, despite the lack of observance of Article 110(3) of the Constitution, proceeds to refer the Bill to the Senate for consideration. The action to be taken by the Senate would be the same as that in the previous scenario. That is exactly where we are. Hon. Senators, having set out the different scenarios, it is important that I give directions on the manner in which we shall proceed with the Physical Planning Bill (National Assembly Bill No. 46 2015). As indicated in the last communication on this matter, the National Assembly did not observe the concurrence process under Article 110(3) of the Constitution before the introduction of the Bill to the National Assembly. The National Assembly has, however, found it fit to forward the Bill to the Senate. In light of the matters that I have set out in this Communication, I direct that the Senate shall proceed with consideration of the Physical Planning Bill (National Assembly Bill No. 46 of 2015) at the Second Reading of the Bill at the appropriate time. I thank you. What is it, Sen. Okong’o?"
}