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{
    "id": 927681,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/927681/?format=api",
    "text_counter": 208,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": " Yes. In fact, I rise to oppose the Second Reading of the Division of Revenue Bill (Senate Bill No. 13 of 2019) on constitutional grounds. Hon. Speaker, we need to stop playing games. The work of this House is not a game of chess or Game of Thrones. It is clearly set out under the Constitution that we must deliberate and resolve issues of concern to the people of Kenya. Article 95(4)(a) of the Constitution requires the National Assembly to make a determination in the allocation of the national revenue between the two levels of Government. Instead, what we are doing is that this House has been forced to play a game without a reasonable conclusion, unless we agree with this misguided view that the governors and the Senators have been telling the people of Kenya. I want Members to agree with me that the vertical division of revenue between the two levels of Government within the reading of Article 95(4)(a) of the Constitution is a function of the National Assembly. It is a function of the Budget and Appropriations Committee. You have seen and heard people saying that this House is to blame for the stalemate on the division of revenue and that there is a cash crisis in the counties. For the first time, I listened to the Chief Justice yesterday and I listened to Judge Smokin Wanjala of the Supreme Court and they said they will respect the separation of powers between the three arms of Government. They said this matter is not a matter for the courts to decide. It is a budgetary matter. The courts’ function is to interpret an existing law. The courts cannot decide and give out resources. I am the one who tables the estimates of the Judiciary, Parliament and the national Executive to this House and the Chief Executive Officer of the Judiciary appears before the Budget and Appropriations Committee and the Departmental Committee on Justice and Legal Affairs. If the courts have powers to give you money as the Council of Governors want… The Judiciary itself has serious financial constraints. The judges could have allocated themselves more resources. So, from where I sit, the Judiciary cannot allocate money to any other arm of Government or State organ. That is why, for the first time, the Supreme Court, in its wisdom, said this is a matter for the Legislature, whether it is both Houses or one House. 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."
}