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{
    "id": 925129,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/925129/?format=api",
    "text_counter": 113,
    "type": "speech",
    "speaker_name": "Homa Bay Town, ODM",
    "speaker_title": "Hon. Peter Kaluma",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "Are we redoing the Division of Revenue Bill because the Supreme Court another time said on an advisory opinion that this can be transacted between the two Houses against the clear stipulation of the Constitution? In my view we would be ceding much of the authority. I do not think the people of Kenya were fools. There is a reason as to why the Division of Revenue is the only law mentioned by name under Article 95 of the Constitution. My thinking is that this is such a serious Bill to expose to the possibility of disagreement between the two Houses. Are we going to wait for the courts to promulgate a new Constitution for Kenyans in terms of what they have already made constitutional or how do we move? Is it that by approaching it in the manner I see suggested in Order No.9 we are transacting another one? It would be like we have ceded the authority which only the people of Kenya have and exercised in making this Constitution to the courts. Article 95(4)(a) of the Constitution is so clear that the Division of Revenue Bill is here. Are we going to subject the country to the situation in which we are because one House of Parliament is extending its range of legislation beyond the limitations and restrictions which the people of Kenya put? I think in as much as some of these matters could be in court, there is a way in which as a House we must speak clearly. To me we have transacted the matter of Division of Revenue. In as much as I could be contemplating debate, I am personally opposed to redoing what we have done by enacting the Division of Revenue Bill. We are functus officio . As a House we should not bend to the encroachment of our constitutional mandate by all bodies 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."
}