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{
"id": 811170,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/811170/?format=api",
"text_counter": 322,
"type": "speech",
"speaker_name": "Hon. Speaker",
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"content": "who may not have witnessed that. It was just to allow us to do exactly what Hon. Kimunya has explained used to happen. Of course, there may be some other issues that would require some technical comments because your House Business Committee (HBC) noticed the lacuna that has been there over the last five years. In fact, perhaps, those of you like Hon. T.J. Kajwang’, Hon. Makali Mulu, Hon. Kimani Ichung’wah, Hon. Jude Njomo, Hon. Washiali, Hon. Waluke, Hon. Ng’eno, Hon. Soipan, Hon. Wamalwa and others who were in the 11th Parliament, I think we should all now be asking ourselves: What used to happen? How did it go? What your HBC has insisted this financial year is for the CS for the National Treasury to bring those instruments. We want them to be considered by the House. But since everybody is now learning and realising that there is something that happened without being intended, how then do we correct this situation? Indeed, the question that we should ask is: Should the various legal notices that the CS for the National Treasury has issued be delivered to the Committee on Delegated Legislation? For me, the answer should be ‘No’. These instruments should be considered alongside the Finance Bill by the Departmental Committee on Finance and National Planning because it is then that we will get a proper answer. There are a number of measures that the CS has spelt out is in his budget highlights, some of which he is trying to implement through those instruments using the authority of the Provisional Collection of Taxes and Duties Act, which is saved in Section 7 of the Sixth Schedule. So, there is no anomaly with that. However, Hon. Kajwang’ also is right on what he raises with regard to the issue of Article 124 of the Constitution. You create Standing Orders. So, we mentioned the Committee of Supply in Standing Order No.236. It is not a committee like other committees. That has been explained by the Leader of the Majority Party and Hon. Kimunya. It is not a committee that you can say that the Chair of the Committee on Selection, who is the Leader of the Majority Party together with his counterpart, the Leader of the Minority Party, sit and appoint members. This is because it is the entire House, indeed. So, obviously, this titling may have been an oversight even within our Standing Orders. I like what Hon. Kimunya has said about the need to keep revising our Standing Orders. However, for me, if you go back to what you call the colour of the goat and the skin and something like that, you remember some story like that in the past. Obviously, the title, to the extent that it is referred in the Standing Orders, would appear to offend the requirements in Article 124 of the Constitution. Therefore, to that extent, Hon. Kajwang’ is right but strictly speaking, what is the approval of this provisional collection of taxes and duties? In reality, it is approving the ways and means. That is what it means; ways of raising taxes and the means. It is here. It is here in the authority by Erskine May, Parliamentary Practice 24th Edition as revised in 2011. So, the issue that we need to… I agree with Hon. Kajwang’. Hon. Members, there is also another fundamental point. Article 94(5) of the Constitution says: No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation."
}