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{
    "id": 960471,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/960471/?format=api",
    "text_counter": 23,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "“…the question of constitutionality of a Bill can be entertained at any stage before the passage of a Bill.” It is, therefore, clear that any question of constitutionality or otherwise of a Bill already before the House cannot be curtailed as long as a Bill is still under consideration. This settles the first preliminary issue. Hon. Members, on the second preliminary issue on the competence of the Speaker to decide any question of constitutionality of a Bill under consideration without reference to the House, the answer is in the affirmative. Suffice it to say, that it is the duty of the Speaker to defend and protect the Constitution and should the Speaker be invited to apply his or her mind on a question of constitutionality or otherwise of a Bill or a Motion already seized by House, the Chair would not hesitate to do so. Indeed, on 25th September 2013, during the consideration of the National Police Service (Amendment) Bill, 2013 and the National Police Service Commission (Amendment) Bill, 2013, I did find that: “…a question of constitutionality of a proposal before the House cannot be subjected to a vote, but to the conscious decision of the Speaker.” Hon. Members, having cleared the preliminary matters, I will now proceed to apply my conscious consideration and decision to the three questions relating to the constitutionality of the Division of Revenue Bill (Senate Bill No. 13 of 2019), which I have summarised as follows: (i) whether the Senate can originate a Division of Revenue Bill; (ii) if my finding is that the Senate can originate a Division of Revenue Bill, would that also imply that any Member of this House is also at liberty to introduce a County Allocation of Revenue Bill or even an Appropriations Bill; and, (iii)what options are available to unlock any stalemate between Houses of Parliament with respect to a Division of Revenue Bill, if mediation fails? With regard to the first question on whether the Senate can originate a Division of Revenue Bill, I will revisit the roles of the respective Houses of Parliament as provided in the Constitution. Article 93 of the Constitution establishes the Parliament of Kenya as constitutive of both the National Assembly and the Senate. This Article also provides that both Houses shall perform their respective functions in accordance with the Constitution. Article 95 of the Constitution provides for the roles of the National Assembly. Specifically, Clause (4)(a) of this Article expressly provides that the National Assembly determines the allocation of national revenue between the levels of government as provided in Part 4 of Chapter 12 of the Constitution. On the other hand, Article 96 provides for the role of the Senate. Clause (3) expressly stipulates that the Senate determines the allocation of national revenue among 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."
}