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{
    "id": 735953,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/735953/?format=api",
    "text_counter": 343,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen.(Prof.)Kindiki): Mr. Temporary Speaker, Sir, I join you and colleagues who have spoken to condemn the unconstitutional and unlawful behaviour by our colleagues from the National Assembly who are representing that House in the Mediation Committee. This is not the first time we have had this kind of situation. This is where we started in 2013 and we are ending our term on the same note. The interpretation of the Supreme Court on matters Division of Revenue which have now been supported by the practice of the last three years is that both Houses must agree on the Division of Revenue. That agreement has to go all the way to mediation. As you have correctly put it, if either House does not agree with the mediation Report or if after 30 days there is no agreement, that Bill is defeated and the implication is that any budget that is drawn with a Division of Revenue Bill that does not exist or has collapsed is an unlawful budget. The implication is that this will put the country into a constitutional crisis of untold magnitude. Mr. Temporary Speaker, Sir, as the Senate Majority Leader in this House, I have always stood in support of this House even sometimes under very difficult circumstances. I want to assure colleagues that this time is no exemption. By saying that this time round there is no exemption, I am saying that as far as this House is concerned, my view is that there is no Division of Revenue Bill and for that reason there can be no County Allocation of Revenue Bill and the Appropriation Act of the National Assembly to appropriate monies to be used by the national Government. That would be unlawful, illegal and unconstitutional legislation. I am willing to stand to be counted in private or public to make sure that this Senate is not indignified by misguided fellows who have tried unsuccessfully for the last four or five years to indignify this dignified House. The only thing I want to point out is that we should resist the temptation to politicise along party lines this crude, uncouth and illegal behaviour. I represent the Jubilee side proudly and I believe it is a good Government. However, I do not accept the behaviour of the Members of the Jubilee Administration in the National Assembly who are involved in perpetuating this behaviour. Likewise, I have no evidence whatsoever that our friends in the Opposition have supported the constitutional position on this matter in the National Assembly and have been defeated because of numbers. There is nothing on record. If anything, this is the one issue where the National Assembly is bipartisan when it comes to trying to humiliate the Senate, of course, unsuccessfully. As I have always said, it will take a referendum to achieve some of the things they are trying to achieve. Mr. Temporary Speaker, Sir, my view is that it is a grave matter, but also simple in the sense that what is happening in that “Lower House” has no legal or constitutional 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"
}