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{
    "id": 903918,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/903918/?format=api",
    "text_counter": 629,
    "type": "speech",
    "speaker_name": "Sen. Mutula Kilonzo Jnr.",
    "speaker_title": "",
    "speaker": {
        "id": 13156,
        "legal_name": "Mutula Kilonzo Jnr",
        "slug": "mutula-kilonzo-jnr"
    },
    "content": "This Bill is very important. I would like to reply and state that this matter is so important and central to Article 94. My reading of the advisory opinion by the Supreme Court suggests that if one Speaker of the House violates Article 110, we can find them in contempt of the Constitution. The Supreme Court in paragraph 142 says as follows: “How do the two Speakers proceed to answer questions or sub questions as to whether a Bill concerns counties, a special Bill or a money Bill?” The words in the Supreme Court decision is that they must consider the content of the Bill. One, they must reflect upon the objectives of the Bill and secondly, by the Constitution, this is not a unilateral exercise. This means that if Speaker Muturi acts unilaterally under Article 110, he has violated the Constitution and the National Assembly can impeach him. If Speaker Lusaka acts unilaterally, according to this, he has violated the Constitution and we can impeach him. Nobody should abandon this. This is the central purpose why they set up a bicameral legislation that centers on the two Speakers. However, more importantly, other than legislative making, this is what the Supreme Court had to say in paragraph 174: “Devolution was predicated on the understanding that even though equality of opportunity may not necessarily lead to equality in development, outcomes inevitably, inequality of opportunity (which is Kenya‟s historical experience) would necessary result in equality in outcomes” Madam Temporary Speaker, I conclude by saying that the future of devolution and the role of the Senate, our special jurisdiction--- Under Article 94 the National Assembly and the Senate enjoy the same powers of legislative making. The one that we protect counties under Article 96 is a special jurisdiction. Article 174 says that devolution is one of those methods in the Constitution to remove inequality in Kenya. The central role under Article 96 is not just to make laws, but primarily, to remove inequality."
}