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{
"id": 1554842,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554842/?format=api",
"text_counter": 306,
"type": "speech",
"speaker_name": "Rarieda, ODM",
"speaker_title": "Hon. (Dr) Otiende Amollo",
"speaker": null,
"content": " Thank you, Hon. Speaker. I wish to support the request by the Leader of the Minority Party. Even as we communicate, I am sure you will indicate that, this House's Caucus on legislation, litigation, and related matters was seized of this matter upon your convention, and that the matter was referred to the Caucus for consideration. That notwithstanding, it is still possible for you to issue a communication on the decision of the Supreme Court. It is quite direct and specific on the legislation that was brought and challenged. It might be indicative and could guide the House moving forward. The initial confusion had been caused somewhere around 2013 when an advisory opinion had been sought from the Supreme Court, and it made a statement that sweepingly, suggested that virtually every legislation must concern a county. That created confusion that has lasted almost ten years. It is very good that the Supreme Court finally clarified that not every piece of legislation must go to the Senate because not every piece of legislation concerns counties. I would support a communication to that effect because it would help. Importantly, and this is for the interest of this House. The Supreme Court addressed itself to the NG-CDF Act, 2015, which was part of the legislations that were challenged on the basis that they were not considered by the Senate. The Supreme Court was very clear that the Act did not have to be passed by the Senate. To that extent, it is not unconstitutional. It has direct relevance to the matters we are litigating. I will not talk about their merits, but it is important to note. Many people had thought that the Supreme Court pronounced itself on the NG-CDF Act as amended in 2022 and declared it unconstitutional, not knowing that the only pronouncement that was made was on the initial CDF Act that existed in 2013. This information is helpful because it is educative to Kenyans. It is also helpful to judicial officers considering the matter. They should know that it is not true that the current NG-CDF Act was ever declared unconstitutional by the Supreme Court. With that, Hon. Speaker, I support the idea of a communication. Thank you."
},
{
"id": 1554843,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554843/?format=api",
"text_counter": 307,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Oundo, do you want to speak to the same issue?"
},
{
"id": 1554844,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554844/?format=api",
"text_counter": 308,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": " Yes, Hon. Speaker. The Constitution clearly demarcates the roles of the two Chambers of Parliament. It was always hoped and believed that the so-called senior Members who sit in the Senate would be the first people to protect the Constitution. The Fourth Schedule to the Constitution sets out the mandate of each level of government. I support the sentiments by my leader. As you issue the communication, go all the way to clearly demarcate where Government officers can report to. Should they be called to the Senate to answer to matters that are exclusively national Government functions? Can they just be called by anybody to go and do nothing? Quite a number of accounting officers complain bitterly. They are always called upon to the Senate to answer to matters that have nothing to do with county governments or devolution at all. So, in your communication, we request and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
},
{
"id": 1554845,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554845/?format=api",
"text_counter": 309,
"type": "speech",
"speaker_name": "Funyula, ODM",
"speaker_title": "Hon. (Dr) Ojiambo Oundo",
"speaker": null,
"content": "beseech you to lay the law clearly so that we avoid this confusion, duplication and wanton waste of public time to answer the same question repeatedly from this end to that end. Thank you, Hon. Speaker."
},
{
"id": 1554846,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554846/?format=api",
"text_counter": 310,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Thank you. Hon. George Murugara."
},
{
"id": 1554847,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554847/?format=api",
"text_counter": 311,
"type": "speech",
"speaker_name": "Tharaka, UDA",
"speaker_title": "Hon. George Murugara",
"speaker": null,
"content": " Thank you very much, Hon. Speaker. Indeed, that request is timely, the reason being that what the Senate does and continues to do is actually in total breach of the Constitution. Just the other day, they summoned the Judiciary to go and answer questions. I do not know on what. Really? Can the Senate summon the Judiciary to answer questions on matters that do not touch on county governments? How does the Judiciary deal with matters touching on county governments? When you make the elaborate communication, consider also whether that was within their purview or if this is the imaginative power they are giving to themselves. Thank you, Hon. Speaker."
},
{
"id": 1554848,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554848/?format=api",
"text_counter": 312,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Gichimu."
},
{
"id": 1554849,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554849/?format=api",
"text_counter": 313,
"type": "speech",
"speaker_name": "Gichugu, UDA",
"speaker_title": "Hon. Gichimu Githinji",
"speaker": null,
"content": " Thank you, Hon. Speaker. The demarcation between the mandate of the National Assembly and the Senate is in Articles 95 and 96 of the Constitution, respectively. As you make the communication, if you are persuaded to, my only worry is whether it would be binding to the other House of Parliament. Be that as it may, the communication would also be good for public consumption so that it can be known which House of Parliament is trespassing into the mandate of the other House. The Constitution has not been changed. Until and unless that is done, we have to maintain our lanes in terms of legislation, oversight and representation. Thank you."
},
{
"id": 1554850,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554850/?format=api",
"text_counter": 314,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Thank you. Hon. Junet, I will make the communication within the next two weeks. Next Order."
},
{
"id": 1554851,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1554851/?format=api",
"text_counter": 315,
"type": "heading",
"speaker_name": "",
"speaker_title": "",
"speaker": null,
"content": "BILL"
}
]
}