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{
    "id": 927717,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/927717/?format=api",
    "text_counter": 244,
    "type": "speech",
    "speaker_name": "Kiminini, FORD-K",
    "speaker_title": "Hon. (Dr.) Chris Wamalwa",
    "speaker": {
        "id": 1889,
        "legal_name": "Chrisantus Wamalwa Wakhungu",
        "slug": "chrisantus-wamalwa-wakhungu"
    },
    "content": " Thank you, Hon. Speaker, for giving me this opportunity. Two wrongs do not make a right. This is a House of traditions as you clearly put it. We have had some history and traditions about this. It is actually the first time we are hearing that the Division of Revenue Bill is originating from the Senate, contrary to Article 109 of the Constitution. As the Speaker of this House, you have mentioned many times, as Hon. Junet has clearly put it, that any matter of constitutionality can be raised at any stage of a Bill. We should not at any given opportunity accept that this Bill should continue. When you are seated with the Senators they say: “We know we are not going anywhere.” They are aware it is unconstitutional. So, we should not entertain this. In the last financial year, when we also had issues with the Division of Revenue Bill, I remember very well we went through mediation and a Bill was republished. To republish means you go back through the due process, where the Bill originates from the National Assembly. Who advised the Senators to think that a money Bill can originate from the Senate? In fact, when Hon. Junet said that he was planning to bring the County Allocation of Revenue Bill, it can originate from here. Article 109 of the Constitution says that any Bill can originate in this House but, because Article 96 of the Constitution gives the Senate county jurisdiction, we do not originate that Bill from here. The cardinal thing for you to do is you must be decisive. You must make a decision right now. We know counties need money. The Bill that we passed should be forwarded immediately to His Excellency the President so that it can be assented to and then we see if governors will reject that money. We do not want to entertain this too much. Two wrongs do not make a right. The cardinal thing for you to do is to reject this Bill on the basis of unconstitutionality based on Article 109 and in line with Standing Order No.1. You can use your discretion where something has not happened historically or traditionally. Since I came to this Parliament, I have always known the Division of Revenue Bill normally originates from here. Why does it originate from here? The Budget Outlook Paper comes to this Parliament. From the BOP, we go to the Budget Policy Statement. After the BPS, we go to the Division of Revenue Bill. We know the way the sequence has been. It has been a tradition. So, we do not need to waste time and entertain this Bill. We should reject it because it is unconstitutional and we move forward. I thank you."
}