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"id": 742956,
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"content": "Sen. M. Kajwang’s position was supported by the Senator for Kakamega County, Sen. (Dr.) Boni Khalwale, who also expressed concern over the inability of the Mediation Committee to table a report on the Bill. Hon. Senators, the House may wish to note that the particular Bill referred to by Sen. M. Kajwang, the Division of Revenue Bill (National Assembly Bill No.2 of 2017), was passed by the Assembly on 14th February, 2017, and referred to the Senate for its concurrence pursuant to Article 110(3) of the Constitution, whereupon the Bill was introduced by way of First Reading on 16th February, 2017 and passed with amendments by the Senate on 1st March, 2017. Senators will also recall that the National Assembly declined to agree with the Senate amendments to the Bill, following which the Bill was referred to a Mediation Committee, pursuant to Article 112(2)(b) of the Constitution. The Mediation Committee was constituted on 30th March, 2017. Under Article 113 of the Constitution, as read together with the Standing Orders of the two Houses, the Mediation Committee had a deadline of 30th April, 2017 to agree on a version of the Bill that would be passed by both Houses. The Committee did not agree on a mediated version of the Bill by the said deadline. Consequently, pursuant to Article 113(4) of the Constitution, as read together with Standing Order No.149(6) of the National Assembly and Standing Order No.154(6) of the Senate, the Bill was defeated. The present Bill, namely, the Division of Revenue (No.2) Bill (National Assembly Bill No. 22 of 2017) was published on 12th May, 2017 and introduced in the National Assembly on 17th May, 2017. As aforementioned, the Bill was passed by the Assembly on 30th May, 2017, and referred to the Senate for concurrence. The applicable provision upon which the objection of M. Sen. Kajwang was anchored is Standing Order No.146(1), which provides that:- “A Bill, the Second Reading or Third Reading of which has been rejected, may be introduced again in the next Session or after the lapse of six months in the same Session, but subject to fresh publication as provided in Standing Order No.117 ( Introduction ofBills ).” It is noteworthy that the Bill passed through the Second and Third Reading Stages in the Senate on 23rd February, 2017 and 1st March, 2017, respectively. Neither the Second Reading nor the Third Reading of the Bill was rejected. The entire Bill was rejected. Further, while the captioned provision would apply to a Bill negatived at Second or Third Reading stages, there is no similar provision barring re-introduction of a Bill that lapsed at the mediation Committee Stage, whether by reason of a failed Mediation Committee process or where a Mediation Committee report is negatived. In the present case, even if the text of the Division of Revenue (No.2) Bill (National Assembly Bill No.22 of 2017) is the same or substantially the same as the text of the Division of Revenue Bill (National Assembly Bill No.2 of 2017) which lapsed, the former is a new Bill altogether and there exists no legal bar to its introduction in the Senate. I, therefore, direct that the Senate proceeds to dispose the Bill as indicated in the Order Paper."
}