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{
    "id": 911080,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/911080/?format=api",
    "text_counter": 20,
    "type": "speech",
    "speaker_name": "Sen. Murkomen",
    "speaker_title": "The Senate Majority leader",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "Assembly and the Senate shall jointly resolve any question as to whether any Bill is a Bill concerning counties, and if it is, whether it is a special or an ordinary Bill; AND NOTING in particular, that the Supreme Court in Supreme Court Advisory Opinion No. 2 of 2013; Speaker of the Senate vs The Attorney General reaffirmed the role of the Senate in the legislative process and particularly in the consideration and passage of Bills concerning county governments as well as the role of the Senate in the legislative process; CONCERNED that despite the provisions of Articles 96(1) and (2) and Articles 109 to 113 of the Constitution and the pronouncement of the Supreme Court in the aforementioned Supreme Court Advisory Opinion No.2 of 2013, the two Houses of Parliament are yet to agree on the processing of legislation in Parliament as contemplated in the Constitution; FURTHER CONCERNED that in the 12th Parliament, in respect of all the Bills originating from the National Assembly, the Speaker of the National Assembly has not sought the concurrence of the Speaker of the Senate as to whether the National Assembly Bills concern counties; FURTHER CONCERNED that in the 12th Parliament, the National Assembly has originated and passed Bills without reference to the Senate despite the Bills containing matters concerning counties; FURTHER CONCERNED that Bills originating from the Senate that are forwarded to the National Assembly for consideration are subject to the unconstitutional procedure of evaluation by the Budget and Appropriations Committee of the National Assembly as to whether or not they are money Bills and the consequent non- consideration of a good number of those Bills on the unilateral declaration of the National Assembly that such Bills are money Bills; AWARE that the continued implementation of statutes for which there was no concurrence under Article 110 (3) of the Constitution and the continued introduction and consideration of new Bills without compliance with Article 110(3) of the Constitution is a breach of the Constitution; COGNIZANT that pursuant to Article 3 of the Constitution, every person has an obligation to respect, uphold and defend the Constitution and that Article 94 of the Constitution requires Parliament to protect the Constitution and to promote the democratic governance of the Republic; FURTHER COGNIZANT that the Senate is vested with the sacrosanct and high calling of fiercely protecting devolution; OBSERVING FURTHER that persistent non-compliance with Articles 96(2), 109(4) and 110 to 113 of the Constitution is a threat to devolution and is unconstitutional; NOW THEREFORE THE SENATE- (a) REITERATES AND REAFFIRMS its commitment in terms of Article 3 of the Constitution, to respect, uphold and defend the Constitution; 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."
}