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{
    "id": 916535,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/916535/?format=api",
    "text_counter": 95,
    "type": "speech",
    "speaker_name": "Sen. (Eng.) Mahamud",
    "speaker_title": "",
    "speaker": {
        "id": 373,
        "legal_name": "Mohammed Maalim Mahamud",
        "slug": "mohammed-mahamud"
    },
    "content": "the Act may be unlawful as it would be “fruit of the poisoned tree” as we say in law. The Act was enacted unlawfully and in contravention of the provisions of the law, and any action taken or purported to be done under it would be illegal. However, notwithstanding the illegality of any actions taken either by the National Assembly or the Executive, the two Houses of Parliament must prioritize the re- introduction, consideration and passage of the Division of Revenue Bill, 2019, in order to enable counties to prepare their annual budgets in accordance with Article 224 of the Constitution. Mr. Deputy Speaker Sir, regrettably, this is not the first time the Division of Revenue Bill has been steeped in controversy. It behoves both Houses of Parliament to recall that in 2013, the Senate instituted a suit at the Supreme Court to determine the role of the Senate in the process of division of national revenue. In Advisory Opinion No.2 of 2013, which ruled in favour of the Senate, the court made the following observation on the role of devolution in our country’s governance structure – The Kenyan people, by the Constitution of Kenya, 2010 chose to de-concentrate State power, rights, duties and competencies – shifting substantial aspects to county government, to be exercised in the county units, for better and more equitable delivery of the goods of the political order. The dominant perception at the time of constitution-making was that such a de- concentration of power would not only give greater access to the social goods previously regulated centrally, but would also open up the scope for political self-fulfilment, through an enlarged scheme of actual participation in governance mechanisms by the people thus giving more fulfilment to the concept of democracy. Mr. Deputy Speaker, Sir, by passing the Appropriation Bill, 2019, and ensuring that the national Government continues to operate while counties are unable to deliver services to the people is a direct attack on our democracy and a clawing back on the will of the people of Kenya for greater participation in public affairs and the efficient delivery of public services. The Senate must stand on the right side of history during this dark time and ensure that the promise of devolution as espoused in our Constitution is realized at any cost. Thank you, Mr. Deputy Speaker, Sir."
}