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{
    "id": 811139,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/811139/?format=api",
    "text_counter": 291,
    "type": "speech",
    "speaker_name": "Ruaraka, ODM",
    "speaker_title": "Hon. Tom Kajwang’",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": "last time it was touched was when there was Legal Notice No.8 of 1978. The Treasury, being the clever people they are, and trying to raise revenue, which they should, have pulled a legislation which was enacted in 1959 and has never been used since 1978 to try and see how to get money. I have no problem with raising money. The problem I have is the constitutionality by which we raise this money. So, if this Motion becomes the instrument by which we bring the money, then, what we are doing is that we are using subsidiary legislation to circumvent an Act of Parliament. An Act of Parliament should be what brings us the money under the Finance Bill, but we are using a subsidiary legislation through this Act to spring money. I will contribute if you rule that this Motion is properly before us and requires debate. The last thing, as I sit down, is that there is no law under the Income Tax Act, the Excise Duty Act, the VAT Act and all those taxation laws for refund of money. So, the question I am asking is: All this money which will be collected in the provisional period - I am thinking of money that will come through M-Pesa, our ports and airports - where will it go if it is not going to go into somebody’s pocket? I see a big vehicle of corruption that has never been seen using a colonial legislation to try to get money, which cannot be refunded and which will remain in somebody’s pocket. I urge that you can rule that this Motion can be debated in some other way, but it is not properly before us in terms of the Constitution. I thank you, Hon. Speaker."
}