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{
    "id": 1069269,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1069269/?format=api",
    "text_counter": 10,
    "type": "speech",
    "speaker_name": "Hon. Lusaka",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": " Hon. Senators, I have the following Communication to make. During the lunch break, I received a copy of the Special Issue of the Kenya Gazette No.102, dated 10th May, 2021, containing Gazette Notice No.4597 communicating the occurrence of a vacancy in a Member of the Senate elected through a party list. In the Gazette, it is notified for the information of the general public that pursuant to Article 103(1)(e)(i) of the Constitution and Section 37 of the Elections Act, the seat of the Member of the Senate elected under Article 98(1)(d) of the Constitution and held by Senator Isaac Mwaura Maigua became vacant with effect from the 7th May, 2021. It is important to note that the publication of this Gazette came to my notice for the first time during the lunch break this afternoon. This explains why in the morning sitting no issue was raised about the participation of Sen. Isaac Mwaura in the proceedings, including voting at Second Reading of the Constitution of Kenya (Amendment) Bill, 2020. Hon. Senators, the question then is what happens to the vote taken at Second Reading of the Constitution of Kenya (Amendment) Bill, 2020, in which Sen. Mwaura participated. Article 124 of the Constitution of Kenya is explicit on this matter. For clarity, Article 124(3) provides as follows- “The proceedings of either House are not invalid just because of— (a) a vacancy in its membership; or (b) the presence or participation of any person not entitled to be present at, or to participate in, the proceedings of the House.” However, henceforth the Senate is notified of the vacancy."
}