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"speaker_name": "Sen. Sakaja",
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"legal_name": "Johnson Arthur Sakaja",
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"content": "(c) a Bill referred to in Chapter Twelve affecting the finances of county governments.‖ It is important for us to get to the depth of what constitutes a Bill concerning counties. Clause 8(a) of this Bill gives interpretation of categories of Bills containing provisions affecting the functions and powers of the county governments set out in the Fourth Schedule. It is very important for us to note the use of the word ―affecting‖. This means that the Bill does not have to only deal with the functions listed in Part 2 of the Fourth Schedule for it to affect the functions and powers of county governments. The English meaning of the word ―affecting‖ is far broader than that. As such, Clause 8(1) (a) to (f) gives a comprehensive list of such scenarios which we have provided for. It states as follows: ―A Bill shall be a Bill concerning county governments under Article 110(1) (a) of the Constitution if the Bill – (a) directly or indirectly affects the operations of the county governments; (b) would have a direct or indirect impact on the functions of county governments under Part 2 of the Fourth Schedule to the Constitution; (c) would have an impact on the exercise by any person upon whom a function or power is conferred under the Bill on any institution or office of the county government, the finances of the county government or the property held by or vested in the county government; (d) confers a function or power on a person that would affect the exercise of the functions and the powers of the county governments; (e) seeks to transfer a function or power between the national government and the county governments under Article 187 of the Constitution; or (f) provides for any other matter that would affect the functions and powers of the county governments.‖ That is the true meaning of the word ―affecting‖ as provided for both in the Constitution and in this Bill. Clause 8(2) on the other hand provides for Bills affecting the finances of county governments and also gives a comprehensive list of what such matters may entail. It states as follows: ―A Bill shall be a Bill that affects the finances of a county government under Article 110(1)(c) of the Constitution if– (a) the Bill provides for – (i) the equitable sharing of revenue under Article 202(1) of the Constitution; (ii) a matter set out under Article 204 of the Constitution; (iii) the withdrawal of money from the Consolidated Fund under Article 206 of the Constitution that affects the finances of county governments; (iv) the withdrawal of money from a County Revenue Fund; (v) of public funds by counties and the management of those funds; (vi) advances from the Contingencies Fund under Article 208 of the Constitution that affects the finances of county governments; 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."
}