Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 814419,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/814419/?format=api",
    "text_counter": 26,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "the county governments. This is a very broad definition which creates room for the Senate to participate in the passing of Bills in the exclusive functional areas of the national Government, for as long as it can be shown that such Bills have provisions affecting the functional areas of the county governments. For instance, it may be argued that although security and policing are national functions, how security and policing services are provided affect how county governments discharge their agricultural functions. As such, a Bill on security and policing would be a Bill concerning counties. With a good Speaker, the Senate should be able to find something that affects the functions of the counties in almost every Bill that comes to Parliament, making it a Bill that must be considered and passed by both Houses.” Mr. Speaker, Sir, we believe you are a good Speaker and the reason why you are being denied the opportunity to make a decision as to whether a Bill concerns the county or not, is because you are a good Speaker and you will always find that in most of the Bills, they concern counties. The third issue I want to address on that issue is on Bills concerning counties originating from the Senate. In further exacerbation of the challenges that have been raised relating to the question of whether Bills concern or do not concern counties, in numerous instances where the Senate has published Bills and the Speaker of the Senate as required under Article 110(3) of the Constitution, sought concurrence on the nature of the Bill from the National Assembly, the National Assembly has opined that the Bill do not concern counties. This is despite the fact that in our view, the Bills that we have published in the Senate are Bills that directly concern and address the issues affecting counties. In some cases, the Bills have been proposed to the Senate by the counties themselves. Applying the guidance of the test given to the Supreme Court, it is evident that these are Bills that concern counties and in which their reality ought not to be any contention on introduction to the Senate. Mr. Speaker, Sir, the last issue which has been used to block many Bills that come from this House and go the National Assembly is the question of “money Bills”. A fourth and a serious challenge that we have encountered in the legislative process in this Parliament has to do with the matter of “money Bills.” Even where the National Assembly has concurred that a Bill originating in the Senate is a Bill that concerns counties, it has gone ahead to determine that a Bill is a money Bill and thus, cannot be processed in the Senate. Article 109 (5) of the Constitution provides that a money Bill may be introduced only in the National Assembly. Article 114 of the Constitution makes substantive provisions on money Bills. I urge the hon. Senators to keep their eyes always on Article 114 of the Constitution because it is being misused. It states that- “(1) A money Bill may not deal with any other matter other than those listed in the definition of “money Bill” in Clause (3). (2) If, in the opinion of the Speaker of the National Assembly, a motion makes provision for a matter listed in the definition of “a money Bill,” the Assembly may proceed only in accordance with the 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."
}