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"content": "I will proceed with the Communication, Hon. Members. Hon. Members, in implementing Chapter 12 of the Constitution, this House enacted the Public Finance Management Act, 2012. The provisions of the Act outline in detail the procedures relating to the budget process. Section 38 of the Act expounds on the exclusive role of the National Assembly in initiating and determining division of revenue between the national and county governments. Under Section 38 of the Act, the CS for the National Treasury is required to submit Budget documents to the National Assembly. The National Assembly then considers the Budget Estimates in line with Section 39 of the Act. In addition, Section 40 of the Act requires that the Cabinet Secretary for the National Treasury submit the Budget Policy Highlights and Finance Bill to the National Assembly for consideration. As I had stated earlier, Article 259(1)(a) of the Constitution obligates a person interpreting the Constitution to do so in a manner that “promotes its purposes, values and principles.” With this edict in mind, I personally would not ascribe to the argument that the Constitution can exclude one House of Parliament from budgeting, collecting, sharing between the levels of government and auditing the national revenue, and still allows such House to originate a Bill that takes into account majority of those processes. Several questions would arise with regard to the basis of all the Senate proposals in a Division of Revenue Bill, key among which would be the basis on which the figures contained in such a proposal have been arrived at. 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."
}