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    "id": 961959,
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    "content": "(CoGs) moving to the Supreme Court to seek redress on the same. I do not wish to speak further on this matter because of our traditions and our Standing Orders about the subjudice principle. Hon. Senators, as you are all aware, the mandate of this House in Articles 94 and 96 of the Constitution and in particular Article 96 (1) is to represent counties and protect the interests of their governments. For this reason, even as the National Assembly appeared unconcerned about the situation and proceeded to adjourn for recess without a clear way forward on the division of revenue process, the Senate, pursuant to its mandate under Article 96 and 218 of the Constitution, published and passed, without amendments, the Division of Revenue Bill (Senate Bills No.13 of 2019) on 23rd July, 2019, in an attempt to resuscitate the process and referred the said Bill to the National Assembly for concurrence as provided for under the law. On 25th July, 2019, the Speaker of the National Assembly, conveyed a Message from the Speaker of the Senate on the Bill and directed that the Bill be read a First Time in the National Assembly on 30th July, 2019. The Bill was read a First Time as directed and committed to the Committee on Budget and Appropriations of the National Assembly. The Bill was subsequently scheduled for Second Reading on 1st August, 2019. The HANSARD record of the National Assembly indicates that during Second Reading, some Members of the National Assembly claimed that it was unconstitutional for a Division of Revenue Bill to originate from the Senate. Thereafter and on the basis of this claim, the Speaker of the National Assembly ruled that the Division of Revenue Bill (Senate Bills No.13 of 2019) be withdrawn and the Bill was therefore not proceeded with. Hon. Senators, I would like to draw your attention to Article 218 of the Constitution of Kenya which states inter alia; “At least two months before the end of each financial year, there shall be introduced in Parliament— A Division of Revenue Bill which shall divide revenue raised by the national Government among the national and county levels of government in accordance with this Constitution” The word there is “Parliament” and not “the National Assembly” or “the Senate”. The Constitution expressly states that the Division of Revenue Bill shall be introduced in Parliament, which means that a Division of Revenue Bill may be introduced and can originate in either the National Assembly or the Senate. Hon. Senators will recall that in 2013 when the National Assembly questioned the role of the Senate in the process of the division of revenue, the Supreme Court in its advisory opinion clearly affirmed the role of the Senate in the division of revenue process. There is therefore no doubt in my mind, from a reading of the Constitution as buttressed by the advisory opinion of the Supreme Court, that the Senate has a critical role to play in originating, considering and passing of the Division of Revenue Bill. Hon. Senators, indeed, this Senate, by this mandate, has previously introduced and passed the Division of Revenue (Amendment) Bill (Senate Bills No.14 of 2018) on 13th July, 2018, which was referred to the National Assembly for concurrence. The National Assembly considered and passed the said Bill on 30th August, 2018, and the The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}