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"speaker_name": "Hon. Speaker",
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"content": "Hon. Members, even as I gauge the mood, I will not be the kind of equipment that I overheard Hon. T.J. Kajwang’ suggest that the Speaker is. Just to inform the House, Hon. Members - and I am saying this for the benefit of Chris Wamalwa - in 2013, the Senate went to the Supreme Court purporting to seek an advisory opinion. Mark you; I am using my words very deliberately. Among other prayers was that the process used to arrive at the then Division of Revenue Act, 2013 was unconstitutional, faulty and, therefore, the result was null and void. I invite every one of us to just go and read that advisory and you will find, among other things, that the Supreme Court cleverly avoided the last bit on whether the result, which was the Division of Revenue Act, 2013 was null and void or unconstitutional. They deliberately cleverly avoided making a determination of those two limbs of the prayers sought by the Senate. I suspect that once you read through that advisory opinion, you will then make your own guess as to why they did not do so. If, indeed, the process used was faulty, then why not make a determination? Hon. John Mbadi alluded to this when he addressed the roles of the National Assembly in Article 95 (4) (a). You can even add Article 94 (4) (b) on who appropriates funds to national State organs and compare that with Article 96 (3). If you read that opinion, you will find that the Senate was trying to invite the two Houses to be considering every Bill. Obviously, that would not be possible because the Constitution did not anticipate that. It is a well-known fact, even if you read the Constitution from whichever angle, that the Senate of Kenya has no power to make any law on its own without inclusion of the National Assembly. There is no Bill they can pass. Even those ones they are supposed to deal with like the ones that you know, when they consider The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}