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{
    "id": 916007,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/916007/?format=api",
    "text_counter": 81,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Whereas Article 110(1) of the Constitution defines a Bill concerning county governments as: (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 (c) a Bill referred to Chapter Twelve affecting the finances of county governments; AND WHEREAS Article (4) provides that a Bill concerning county government may originate in the National Assembly or the Senate and is passed in accordance with Articles 110 to Article 113, Articles 122 and 123 and the Standing Orders of the Houses; AND WHEREAS Article 110(3) provides that before either House considers a Bill, the Speakers of 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; COGNIZANT THAT, the matter of whether the question as to whether a Bill concerns counties will routinely arise has been addressed by the High Court of Kenya in the matter of Nation Media Group Limited & 6 others versus Attorney General & 9 others (Judicial Review Misc. Appl. No. 30 of 2014), where the court held that the requirement contained in Article 110(3) comes into play when there is a question or doubt as to whether or not a Bill concerns counties - that is, the question must arise; where there is no question then the two Speakers have no jurisdiction to sit. The absence of consultation and resolution between the two Speakers of the House on whether or not a Bill concerns counties is not in itself unconstitutional nor a violation of the Standing Orders. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}