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{
    "id": 865728,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/865728/?format=api",
    "text_counter": 308,
    "type": "speech",
    "speaker_name": "The Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "national Government and health facilities and services are in the county government. That is a concurrent jurisdiction. Any matter, which involves concurrent jurisdiction, is a matter concerning counties. (4) Any matter which constitutes what is referred to as residue jurisdiction. Residue jurisdiction is provided for in Article186(3). It says that any matter that is not in the Fourth Schedule, it is not for the national Government or the county government, something that would have been omitted, becomes a function of the national Government automatically. However, my argument is; even so, it will still be a matter concerning counties if it is a residue jurisdiction and, therefore, belonging to county governments or the national Government. It will be a matter concerning counties, if its application or interpretation or operation of that function, has a bearing of any kind whatsoever with what counties do and the structures in the counties. (5) Any matter which has implications on working operations of the county executive or the sub- structures thereof or county assemblies or sub-structures thereof – the County Assembly Service Board (CASB), the County Public Service Boards (CPSBs), the County Executive Committee (CEC) and the County Assembly itself. Anything that could have any implication of any kind to how they work and how they perform their duties is a matter concerning counties. (6)Any matter that has a bearing of any kind whatsoever, on this Senate, as a House of Parliament, when it is performing its shared parliamentary role with the National Assembly, which is in Article 94. Article 94 is rarely cited. Many people who want to box the Senate use Article 96 to say: “Look at Article 96.” They forget that there is Article 94 that talks about the shared responsibility of both Houses of Parliament. Under Article 94 there are three instances- (i) Whenever the Senate as a House of Parliament is engaged in any matter which touches on the exercise of legislative authority on behalf of the people of Kenya under Article 94(1). Tell me colleagues, which matter does not involve the Senate exercising this authority? Very few matters. (ii) When the Senate under Article 94(2) is representing the will of the people of Kenya. Tell me which single matter this Senate will engage in or any Parliament or even the National Assembly would engage itself in that does not touch on the will of the people of Kenya under Article 94(2). (iii) When the Senate as a House of Parliament, under Article 94(4) is engaged in protecting the Constitution and promoting the democratic governance of the Republic. There is no single matter that can be taken by a House of Parliament, which does not involve promoting good governance of the Republic and protecting the Constitution. Very few matters, I would argue. (7) Any matter that has implication or connection with the Senate. I know Sen. Orengo would like this. I have heard him use this in court elsewhere. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}