Entry Instance

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

{
    "id": 903196,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/903196/?format=api",
    "text_counter": 241,
    "type": "speech",
    "speaker_name": "Sen. Sakaja",
    "speaker_title": "",
    "speaker": {
        "id": 13131,
        "legal_name": "Johnson Arthur Sakaja",
        "slug": "johnson-arthur-sakaja"
    },
    "content": "―The Joint Committee shall, within seven days of its constitution consider the Bill and submit a report to each of the Speakers with its recommendations on whether the Bill is— (a) a Bill concerning counties; (b) if it is a Bill concerning counties, whether it is a special or an ordinary Bill; or (c) a money Bill.‖ If the Speakers agree with a joint committee, they shall each signify on a certificate of concurrence in the form set out in the Schedule of this Bill on whether they concur with the recommendations contained in the report of the joint committee on the nature of a particular Bill. If the Speakers fail to concur with the recommendations of the report of the joint committee, the joint committee shall prepare a report to the Speakers requesting Parliament to refer the Bill to the Supreme Court for its advisory on that matter. Reference to the Supreme Court is well within the mandate of the Supreme Court. If you look at Article 163(6) of the Constitution, it says that: ―The Supreme Court may give an advisory opinion at the request of the national government, any State organ, or any county government with respect to any matter concerning county government.‖ Mr. Deputy Speaker, Sir, it is also interesting for Members to note that the Constitution we had at Independence where we had a bicameral Parliament provided clearly that there shall be reference to the Supreme Court where Houses failed to agree on money Bill issues. The money Bill issues did not start yesterday. Even in the First Parliament of the Republic of Kenya, we had issues of money Bills. They were provided for in the Constitution and failure of concurrence would be handled by the Supreme Court. Finally, Clause 15 talks about a Bill being presented to the President for assent. We normally see the Speakers, Majority Leaders and Clerks going together for the President to assent to a Bill. A Bill has to be accompanied by certificate of concurrence from the Speakers of both Houses of Parliament. We do not want to have a situation like what we saw the other day when our leadership was invited for presidential assent. We knew we were going to witness assent of a Bill that came from this House. In that function, the Health Bill that did not come to this House, despite health being a devolved function, was assented to. It left our leadership with egg on their faces when they said that it should not have been assented to yet they were seen in the photos standing there and clapping as it was being assented to. The certificate of concurrence must accompany any Bill that goes to the President for assent. You need to look at the interpretation of the terms ―Bills concerning counties‖. Article 110 of the Constitution states that: ―(1) In this Constitution, ―a Bill concerning county government‖ means–– (a) a Bill containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule; (b) a Bill relating to the election of members of a county assembly or a county executive; and 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."
}