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"content": "(formerly Twitter) account. Sen. Cherarkey expressed concern on his lack of access to The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"content": "his account, which the Senator argued was tantamount to denial of his ability to effectively engage with his constituents and the public. Hon. Senators, ordinarily, personal statements in the Commonwealth are mechanisms that provide a limited opportunity for Members of Parliament (MPs) to explain matters of a personal nature. By practice, personal statements are not subject to intervention or debate on account that they are personal. As such, therefore, the contents of the statements are submitted to the Speaker to ensure that they are confined to matters of a personal nature and the Members granted leave by the Speaker to make such Statements are not allowed to depart from the approved text. The approval of such statements is given with a high degree of caution on the part of the Speaker, to ensure that parliamentary proceedings remain focused and not derailed. In this respect, personal statements, as Standing Order No.58 implies, should be giving explanations and should be restricted to a specific matter that a Senator wishes to explain. While the facts of the matter may be stated briefly, this should not stray into general arguments or seeking responses. These are the parameters that have been and will be applied when considering requests for personal statements. I urge all Hon. Senators to observe them when preparing personal statements. Hon. Senators, the second question that required my determination is what constitutes adverse reference in debates within the meaning of Standing Order No.101(1). As Hon. Senators are aware, adverse reference in the context of parliamentary debates means unfavorable or defamatory statements or allegations of an incriminatory nature against individuals or institutions. Standing Order No.101(1) is a safeguard measure that protects individuals who are not in the Senate and, therefore, lack the privilege to defend themselves. This is rooted in the principle that those who are not present in the Senate and hence cannot respond to comments made by Senators, are not targeted or maligned in the course of proceedings. While all Senators are entitled and, indeed, obligated to bring to the attention of the Senate any matter, which one believes merit to be investigated to safeguard good governance, this must be done without resorting to personal attacks on the office holders. It is necessary to exercise caution and restraint, not to delve into debate that may form grounds for removal from office. There is an elaborate procedure for such debate as provided for under Articles 145, 150 and 181 of the Constitution; Section 33 of the County Governments Act; and Standing Orders No.78, 79 and 80, which allow the Senate to make a distinct decision on the matter. Comments that touch on the grounds for removal should, therefore, be reserved for the appropriate substantive processes, while general matters of concern may be addressed through the relevant legislative tools. Hon. Senators, going forward, I expect that we adhere to the provisions of Standing Order No.101(1) in debates in the Senate. Moderation, civility and restraint are some of the hallmarks of parliamentary debate. It will be out of order for any Senator to The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"id": 1591314,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1591314/?format=api",
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"content": "make adverse reference to the conduct of office holders referred to in the Standing Order without a substantive Motion. However, statements of fact are permissible in debates on a Question before the Senate. As regards the application of Standing Order No.58, Statements must be confined within the scope I have highlighted and they must be submitted to the Office of the Clerk for processing. Likewise, going forward, the presidium will strictly approve Statements that have been processed in accordance with the Standing Orders. For avoidance of doubt, the Chair will not entertain requests for approval of Statements in the Chamber. The Senate is accordingly guided. I thank you."
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"content": "(Sen. Cherarkey spoke off record)"
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"content": "I thought this Statement is elaborate enough. Yes, Senator for Nandi."
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"speaker_name": "Sen. Cherarkey",
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"speaker": null,
"content": "Thank you, Mr. Speaker, Sir. I need your guidance on a number of issues, and as a Member of this House, I will abide by your directions. Can a witness discuss the conduct or the state of a Member of the Senate who sits in the Senate? When you look at Article 96(4), it says- “(4) The Senate participates in the oversight of State officers by considering and determining any resolution to remove the President or Deputy President from office in accordance with Article 145.” Mr. Speaker, Sir, using your powers under Standing Order No.1, does a witness who appears before the House have powers to discuss the conduct of Members of the Senate, who sits in Plenary in their presence or absence? I am at a loss because I cannot discuss the Senator for Nairobi City County, for example, without a substantive Motion. Mr. Speaker, Sir, in that same spirit, one of the witnesses yesterday purported, and I am happy and grateful that you stopped pursuing that line--- However, is it possible to strike it off the record of the Senate because those comments were made in bad faith? The principle of natural justice demands that you must hear both sides of the story. Those comments were made in bad faith by the Cabinet Secretary for Interior and National Administration. For a fact, he never taught me when I was in school. He was among the librarians in the Law School that I attended. There are even allegations that he was doing STGs in some of the classrooms. I really want that matter to be put to rest. A number of clients, including the great fathers of Nandi, never slept through the night because they know me as one of the most brilliant, hardworking and top-performing Senators of this Republic of Kenya. Mr. Speaker, Sir, can you issue a directive that a witness who appears before you in plenary or even our committees, should not have powers to discuss any conduct of a Member? I will be eternally grateful for what you did. As they say in Catholic; sema neno moja tu na roho yangu itapona . I thank you, Mr. Speaker, Sir."
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"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Senator for Nairobi City County, proceed. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
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"id": 1591319,
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"speaker_name": "Sen. Sifuna",
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"speaker": null,
"content": "Mr. Speaker, Sir, now that we are discussing the question of specific substantive Motions; if you look at Standing Order No.101(4), it requires that we do not impute improper motive on any other Senator. I want to know whether this Standing Order includes the Chair when it speaks of “no Senator”. Yesterday, there was an imputation from the Chair that some of us come here to collect TikTok videos. It is something that has upset me greatly. I was elected to this House to represent people and most of those people look up to me. I remember very well two famous governors who used to produce very good content in the 2013-2022 period; they were dancing on platforms. One of them is now a Cabinet Secretary and the other is the Speaker of the Senate. Mr. Speaker, Sir, when did it become wrong for us to end up on social media, depending on the work that we do? Is it correct for the Chair sitting there to impute improper motive on a Senator who has come to do their job that he was sent here to do by the people who elected him?"
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"id": 1591320,
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"speaker_name": "Hon. Kingi",
"speaker_title": "The Speaker",
"speaker": null,
"content": " Hon. Senator for Nairobi City County, you are out of order. If you read Standing Order No.101, you cannot discuss the conduct of the Speaker in the manner you are doing. Go back to Standing Order No.101 and appreciate its contents. For as far as this point of order raised by the Senator for Nandi County, I will look at the HANSARD and give a substantive guidance on that particular matter. Let move on to the next Order. Yes, Senator for Nakuru County."
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"speaker": null,
"content": "(Sen. Sifuna spoke off record)"
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