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{
    "id": 1028272,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1028272/?format=api",
    "text_counter": 308,
    "type": "speech",
    "speaker_name": "Sen. (Prof.) Kamar",
    "speaker_title": "",
    "speaker": {
        "id": 33,
        "legal_name": "Margaret Jepkoech Kamar",
        "slug": "margaret-kamar"
    },
    "content": "As such, the disruptions to the operations of the Senate brought about by the outbreak and spread of COVID-19 continue to pose unprecedented legal and procedural challenges in conducting virtual Plenary and committee sittings such as procedures for verification of identity of Members, voting, privileges and immunities of Members, verification of quorum on commencement and during the sitting and access by the media and the public to the proceedings of the Plenary and committee sittings, particularly when the Plenary and committee sittings are held virtually. These challenges may be adequately addressed through designing virtual platforms and having the rules in place to ensure that Plenary and committee sittings comply with the law and practice on each of these areas in a manner that can be documented and verified. Mr. Temporary Speaker, Sir, the conduct of business in Plenary is mainly executed through parliamentary debates, deliberations and resolutions. Matters requiring the decision of the House are always decided by putting the question from the Chair once a Motion has been made by a Senator. Debates are designed to assist Senators reach an informed decision on any subject matter. When the debate ends, the Chair normally puts the question and the House proceeds to a Division, that is, voting to determine which side has the majority votes. On the other hand, the Senate committees enable the House to organize its work in such a way as to perform numerous activities simultaneously and expeditiously. Their roles include finding out the facts of the case, examining witnesses, sifting evidence and drawing up reasoned conclusions. Their composition and methods of procedure are structured to reflect those which prevail in the Houses, making them microcosms and extensions of the House. The proceedings of a committee, which meets without a quorum, are invalid and decisions taken are not binding. The Senate Standing Orders specify the quorum of committees and provide that unless a quorum is achieved within 30 minutes of the appointed time, a meeting of a committee shall stand adjourned. Committees are also expected to facilitate public participation during the lawmaking process, through inviting submissions of memoranda, holding public hearings, consulting relevant stakeholders in a sector and consulting experts on technical subjects. The above procedures have been defined in the traditional parliaments, where physical presence is a must for a decision to be recorded. However, the current COVID- 19 pandemic, thus, presents a new challenge where the business has to be conducted virtually with requirements to meet the threshold as set out in law and parliamentary standing orders. Fundamentally, virtual parliaments make use of online tools like video conferencing to permit parliamentarians to participate in proceedings without being physically present. Whereas such a model would adhere to the World Health Organization (WHO) and the Ministry of Health of Kenya guidelines on social distancing, a virtual and hybrid model would enable the application of the guidelines on social distancing. It would present constitutional and legal concerns and deny the House an opportunity to practice 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."
}