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{
    "id": 884780,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/884780/?format=api",
    "text_counter": 163,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "amended form, it shall be referred to the originating House. That is why the Bill is here. It is against the premise of Article 112 of the Constitution that I beg to move that the House through the Departmental Committee on Transport, Public Works and Housing considers the Senate Amendments. We sat with the Ministry and the Committee and realised that most of the amendments by the Senate are unconstitutional. I will say it and I am sure the Chair will say it too. To start with, the Committee relied on the provisions of Articles 95 and 96 of the Constitution which provide for the roles of the National Assembly. Further, the Committee was guided by the Fourth Schedule of the Constitution which provides for the distribution of functions between the national Government and county governments. The Senate overlooked one provision of the Constitution and that is the Fourth Schedule. If you look at the Fourth Schedule, it is clear about the functions between the national and the county governments. The Senate just decided that they can swipe things… That is why when the President returned a memorandum on the Health Laws most of the amendments they had brought in are constitutional. We will go one by one. In the first place, they overlooked the Fourth Schedule which clearly demarcates the function of the national Government and that of the county government. The Committee has proposed a rejection of the Senate amendments which go against the Constitution. For instance, the Committee has rejected the amendments that the Cabinet Secretary shall consult with the Council of Governors (CoG) in regulation- making. It is illegal. The Statutory Instrument Act, allows only the Cabinet Secretary to bring regulations to this House, not even to the Senate. Why should the Cabinet Secretary consult CoG? It is not provided for in the Statutory Instrument Act. So, I support the Chair. That is illegal and this rejection is guided by paragraph 18 (1) of the Fourth Schedule of the Constitution, which expressly provides that construction and operation of national trunk roads as well as the standards for the construction and maintenance of roads by counties is a function to be performed by the national Government. There is no way a county government can be part of standardisation of roads. There is no way a county government or the Senate can decide on how road construction and operations are done. The regulatory-making process allows for public participation stage during which time the CoG will attend that public participation. So, if they want to take part in the regulation-making authority, let them appear before the Committee of Hon. Gladys Boss Shollei, who is the Chair of delegated legislation. Hon. Cabinet Secretary Macharia, we are telling you as a House that speaks with authority, you have no business consulting CoG. They can be consulted at the Intergovernmental Budget and Economic Council (IBEC) which is chaired by the Deputy President, but no Cabinet Secretary will consult them."
}