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{
    "id": 954521,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/954521/?format=api",
    "text_counter": 213,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "First, if Clause 43 of the Finance Bill, 2019 is amended by this House to include provisions extracted from Hon. Njomo’s Bill, 2019 and the Finance Bill 2019 is assented to by the President without any reservations, the object of the Member will have been realised, hence there would be no need to proceed with further consideration of Hon. Jude Njomo’s Bill. Second, if the House negatives Clause 43 of the Finance Bill as presented or an amendment to delete the said proposal is carried, the House would have resolved the matter. This scenario will trigger the application of the provisions of Standing Order 49 and the matter may only be re-introduced after six months, in accordance with the same Standing Order. In the third scenario, the same fate as that in scenario two would arise in the event that this House passes the Finance Bill 2019 with Clause 43, but the President expresses reservation to that Clause, and the House fails to muster the threshold required to override the President’s reservations. As to what the second and third scenarios would portend to the likely lapse of the 12 months that the court, through a ruling made on 14th March 2019, granted the National Assembly to rectify the anomalies that were in that law, the matter is outside the purview of the Speaker at the moment. In summary, therefore, it is my finding: THAT, Clauses 50 and 51 of the Finance Bill (National Assembly Bill No.51 of 2019) fail to comply with the standard of disclosure set out by the Constitution and more specifically Article 24(2) and, therefore, are procedurally defective and are hereby excluded from Second Reading. The Bill will proceed as if the two clauses were not part of it; THAT, this determination is only related to the procedural defects in the manner in which the proposed amendments have been presented; THAT, nothing stops the Mover of the Bill or any other Member from proposing the amendments in the appropriate format in a separate Bill for consideration of the House; and THAT, with respect to Clause 43 of the Finance Bill 2019, which seeks to amend the Banking Act, the provisions of Standing Order 49 on re-visiting a matter already decided by the House does not arise at this stage as the House has not made a determination on the matter one way or another. Hon. Members, the House is accordingly guided."
}