{"count":1608389,"next":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=136945","previous":"http://info.mzalendo.com/api/v0.1/hansard/entries/?format=json&page=136943","results":[{"id":1385851,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385851/?format=json","text_counter":109,"type":"speech","speaker_name":"Ugunja, ODM","speaker_title":"Hon. Opiyo Wandayi","speaker":null,"content":" What is he jittery about? I am on a point of order. 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":1385852,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385852/?format=json","text_counter":110,"type":"speech","speaker_name":"Hon. Deputy Speaker","speaker_title":"","speaker":null,"content":"Hon. Chepkong’a, you are out of order. Allow me to listen to him and then rule on it."},{"id":1385853,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385853/?format=json","text_counter":111,"type":"speech","speaker_name":"Ugunja, ODM","speaker_title":"Hon. Opiyo Wandayi","speaker":null,"content":" Hon. Deputy Speaker, thank you very much. I am, in particular, referring to the Value Added Tax Act of 2013, which is proposing that this Amendment Bill amends the VAT Act, 2013. Is the Value Added Tax Act of 2013 a Money Bill or not? It is. The Proposer of the Bill is proposing to delete Section 68(2)(A)."},{"id":1385854,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385854/?format=json","text_counter":112,"type":"speech","speaker_name":"Ugunja, ODM","speaker_title":"Hon. Opiyo Wandayi","speaker":null,"content":"Hon. Deputy Speaker, Money Bills are provided for under Article 114 of the Constitution, and I will take you to Article 114(2)."},{"id":1385855,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385855/?format=json","text_counter":113,"type":"speech","speaker_name":"Hon. Deputy Speaker","speaker_title":"","speaker":null,"content":"Hon. Wandayi, like I have just asked you, that particular Bill is not presently before the House. It will be before the House in the coming days. Then you would be able to submit as you are now. You are now doing it in a vacuum. Even if I were to give a ruling, it is impossible to do so, as it is not before the House."},{"id":1385856,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385856/?format=json","text_counter":114,"type":"speech","speaker_name":"Ugunja, ODM","speaker_title":"Hon. Opiyo Wandayi","speaker":null,"content":" Hon. Deputy Speaker, I am just concluding. My point is this: Article 114(2) of the Constitution requires that if, in the opinion of the Speaker of the National Assembly, a Motion makes a provision for a matter mentioned in the definition of a Money Bill, the Assembly may proceed only in accordance with the recommendations of the relevant committee of the Assembly after considering the views of the Cabinet Secretary responsible for Finance. That is the point. Has this proposed amendment to the Value Added Tax (VAT) Act, 2013 been taken through the relevant committee? Is there a report from the relevant committee? Has it received the concurrence or opinion of the Cabinet Secretary of the National Treasury and Economic Planning? That is the point. Hon. Deputy Speaker, the answer to this question is that it has not received it. Therefore, the business is before the House un-procedurally, even if it is not in today’s Order Paper."},{"id":1385857,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385857/?format=json","text_counter":115,"type":"speech","speaker_name":"Hon. Deputy Speaker","speaker_title":"","speaker":null,"content":"Hon. Wandayi, that particular Statutory (Amendment) Bill will be brought to the House at some point in time. You are anticipating debate right now. Let us wait until the matter is properly before the House, and when all the other Members are able to access the documentation from the Table Office. This will enable them to give a counter- argument to your argument, but you are debating yourself now. You have made your point. You have put it well. Let us proceed."},{"id":1385858,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385858/?format=json","text_counter":116,"type":"speech","speaker_name":"Ugunja, ODM","speaker_title":"Hon. Opiyo Wandayi","speaker":null,"content":" Hon. Deputy Speaker, this matter will proceed on the day it will be on the Order Paper. However, that does not negate the very weighty constitutional issues that I have raised. Whoever is responsible for this Bill must take note. Thank you."},{"id":1385859,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385859/?format=json","text_counter":117,"type":"speech","speaker_name":"Hon. Deputy Speaker","speaker_title":"","speaker":null,"content":"Thank you, Hon. Wandayi. They have received the message. Let us wait until the matter is before the House. There is no point in debating it now because it is not even before the House. Hon. Owen Baya, I hope you will not talk about this matter because it is not even before the House. We are just speculating and anticipating debate. No one else in this House, probably save for the two of you, who knows about it. Let us wait until it is properly before the House."},{"id":1385860,"url":"http://info.mzalendo.com/api/v0.1/hansard/entries/1385860/?format=json","text_counter":118,"type":"speech","speaker_name":"Kilifi North, UDA","speaker_title":"Hon. Owen Baya","speaker":null,"content":" Hon. Deputy Speaker, I want it to be on record that it is proper that we comment on this matter. Hon. Wandayi has properly raised it in the House. I commend him on one thing. No one in this House is interested in passing an unconstitutional law. It will be foolhardy for us to sit here and pass a law that we know is unconstitutional. We swore to protect the Constitution. As much as there is a lot of substance in what Hon. Wandayi has said, this House also has procedures. As you have ruled, we agree with you that the proper procedure must be followed. This matter is not before the House today. When it will be presented for debate, Hon. Wandayi will have his say. We will also have our say on the matter. But because it is a constitutional issue, the Speaker will make a ruling and guide the House on how we will move forward. We thank 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"}]}