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{
    "id": 958267,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/958267/?format=api",
    "text_counter": 190,
    "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. I rise to support the mediated version of the Division of Revenue Bill. We have three arms of Government - the Legislature, Executive and Judiciary. It is very unfortunate because our colleagues decided to go to court on a matter of legislation. In the principle of separation of powers, we know very well that Parliament is there to legislate. The Judiciary is there for purposes of interpretation of legislation. The Executive is there for purposes of implementation of the legislation. It was very unfortunate when I saw our colleagues from the other House, Senators; go to court on a matter that it does not have any jurisdiction. This House is there to legislate. The courts are there to interpret the legislations. I want to thank the Chief Justice for the advice he gave that on matters of revenue, they should go back to Parliament. I really salute him for that. We need to re-visit that Supreme Court advisory. Being a scholar and researcher, I read that judgement. I read clearly the dissenting views of Justice Njoki Ndung’u. I wish you had an opportunity to go and look at that judgement. This Division of Revenue Bill has created problems. We know very well that this House can debate on a matter that concerns the people. I do not know whether the Supreme Court should re- visit that judgement. When I read Justice Njoki Ndung’u’s views, I really agreed with that lady. It was very unfortunate. That is why we have this confusion when it comes to matters of division of revenue. It is high time we got a lasting solution so that counties cannot get into problems again. The Senators were not honest. When the National Assembly determined the division of revenue at Kshs310 billion county shareable revenue, they were at Kshs335 billion. There was some informal negotiation which was headed by the Deputy President and they came down to Kshs326 billion. Then later on, I do not know what happened, they decided to go back to Kshs335 billion. This is to show that our colleagues from the other side were not honest. When it comes to negotiations, it is indeed important for the parties involved to be honest. You must go and negotiate with an objective of win-win situation. I was surprised because some of the Senators, who went to negotiate, went to look at the other colleagues in their eyes. It was like a show off. When you negotiate, you must be flexible. That is one of the critical principles in negotiation. When you are going to negotiate, it must be a win-win situation. The moment you go to a negotiating table with a fixed attitude or mind, and then you are not a good negotiator… I want to thank the Mediation Committee. It is indeed good that you agreed on this amount. You can only share what you have. If you come and say that you 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."
}