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"speaker_name": "Sen. Wetangula",
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"legal_name": "Moses Masika Wetangula",
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"content": "Mr. Speaker, Sir, I join you in welcoming the students from Bomet and from Muindi Mbingu Secondary School. I had an opportunity to meet them at the entrance of the Senate. I took a group picture with them and they are very pleasant young men. I encourage all of them to work hard to replace us as we go to our sunset. Mr. Speaker, Sir, I want to take up the point raised by the distinguished Senator for Elgeyo Marakwet; the Senate Majority Leader. Article 110 (3) of the Constitution is very clear, and for the avoidance of doubt, let me read it:- ―Before either House considers a Bill, the Speaker to the National Assembly and the Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.‖ This House will be interested to know from the Chair whether any such meeting was constituted to consider whether this Bill falls under this ambit. More important, under Schedule 4 of the Constitution, health is 95 per cent devolved. The national Government has only policy and referral hospitals, which are only five in number. To imagine that the National Assembly can pass a Bill relating to health and take it to the President for assent is a very serious assault on the Constitution in general and this House in particular. I believe that somebody somewhere is not advising the President according to the Constitution and this House must voice this very strongly. If you want to follow the precedence of your predecessor; Hon. Speaker Ekwee Ethuro, when confronted with such a situation, led this entire House to the Supreme Court for an advisory opinion and the Supreme Court ruled in our favor. I want to urge that you also do not allow the books of history to be distorted against you to the extent that you are the Speaker who presided over the Senate when it was degenerating to its weakest level in the legislation of this country. We must act in unison, collectively with resolve and, above all, with the strength that this House enjoys from the Constitution. That Bill as assented to, does not enjoy the force of law envisaged under the Constitution and is not capable of obedience. Thank you."
}