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{
    "id": 1175635,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1175635/?format=api",
    "text_counter": 211,
    "type": "speech",
    "speaker_name": "Mr. Nyegenye",
    "speaker_title": "The Clerk of the Senate",
    "speaker": null,
    "content": " Hon. Senators, I made a determination. Unfortunately, I will not allow any additional points of order because we made a clear determination that we shall hear two on either side. The matter which Sen. M. Kajwang’ canvased is quite clear and all the parties have spoken to it. I will make a determination at this point. Sen. M. Kajwang’ raised the issue about application of Standing Order No.4 and Article 98 of the Constitution. He said that basically, all Senators are equal and they have an equal right and opportunity to vie for the position of Deputy Speaker. Their late gazettement therefore disenfranchised them because they have not been availed the opportunity to put forth their interest. His prayer is that Order No.4, which is election of the Speaker be suspended. Sen. Murkomen responded to this point of order. In his view, it is premature on account of the Order that we are at. He also added that the Clerk’s role is limited and that, by dint of Standing Order No.3, he is not able to make a determination on this matter. Sen. Dullo said that this is a substantive matter and therefore we cannot wait for the substantive Speaker. Sen. (Dr.) Khalwale, basically said that this was a roundabout way to try and suspend the sitting. He added that the right time to canvas this point of order will be at Order No.5. Sen. Olekina spoke on inclusivity, diversity, House of union and the need for suspension, so that Senators who were belatedly gazetted are briefed and allowed the opportunity to participate. Sen. Cheruiyot called it a classic filibuster and said that the jurisdiction of the Clerk, under Standing Order No.3, is limited and it is not within my jurisdiction. There are only two points over which I will make my determination. Looking at the first one, it may not be necessary to go to the second. The first one is whether, by the application of Standing Order No.3 (4), the Clerk has the jurisdiction to make a determination on the matters in issue. Standing Order No.3 (4) states that- “When the Clerk is administering the Oath or Affirmation of Office to Senators and before the Clerk has administered the Oath or Affirmation of Office to the Speaker, any question arising in the Senate shall be determined by the Clerk who shall, during that period, exercise the powers of the Speaker.”"
}