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{
    "id": 108911,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/108911/?format=api",
    "text_counter": 1009,
    "type": "speech",
    "speaker_name": "Mr. Ruto",
    "speaker_title": "",
    "speaker": null,
    "content": "On a point of order, Mr. Speaker, Sir. I am standing on a point of order to seek further guidance on the procedure which we shall adopt hence. Before us is a Motion which we expect the Chairman of the Parliamentary Select Committee to now, I think, respond to and finalize, and then we shall go to voting. Mr. Speaker, Sir, you have given us guidance on the procedure we may have to adopt. It was very clear to us after your last ruling that any amendments would require two-thirds majority, or 65 per cent, and that was based on the amendment we made to Section 47A (2)(b) of the Constitution. That only speaks to the question of amendments. It does not speak to the question of approval. Mr. Speaker, Sir, the review Act at Section 33 says we are expected to either approve or to make amendments. We have not made the amendments and we are going towards the approval. Approval, in my view, means we shall be voting, and I accept that we shall be guided by Section 44 of the existing Constitution, and also by the normal practice in Parliament, because this is a Motion. Mr. Speaker, Sir, Section 54 states that:- “Except as otherwise provided in this Constitution, any question proposed for decision in the National Assembly shall be determined by a majority of the votes of the Members present and voting.” Mr. Speaker, Sir, I have not read much on law, but I would like to be advised where exactly the wisdom--- If we were to say “no”, we are to need two-thirds majority; where is it in either any of the Standing Orders or the Constitution? Where does it emanate from? Is it in the Standing Orders or in the Constitution? My understanding is that we will be guided by Section 54 and that should be the simple majority. If we say “aye” or “noe” and the “noes” have it, what will you say? Will you"
}