Entry Instance

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{
    "id": 1223536,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1223536/?format=api",
    "text_counter": 53,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Senate leadership of both sides being in place at all times cannot be gainsaid. The lacuna in respect of the process and the timelines, notwithstanding, will find backing in Standing Order No.1 which among other things provides that in all cases where matters are not expressly provided for by the Standing Orders, any procedural question shall be decided by the Speaker whose decisions shall be based inter alia on the Constitution of Kenya, statute law and the usages, forms, and precedents of the Parliament of Kenya and other jurisdictions to the extent that these are applicable to Kenya. Precedent has been set on this matter where changes in the Senate political leadership were effected during the term of the 12th Parliament. The first time that this matter was addressed by the Speaker was on the 15th and 20th of March 2018 respectively during the consideration of the proposed removal of the then Senate Minority Leader, Hon. Moses Wetangula. On that occasion, the Speaker found that the provisions of the Standing Orders had been met in respect of the removal of Sen. Wetangula as the Senate Minority Leader but that the provisions of the Standing Orders on the election of a new Senate Minority Leader to replace him had not been met. The Speaker, therefore, suspended the removal until and unless another Senator was elected in compliance with the Standing Orders and communication to that effect with the minutes evidencing the election was made to his office. Hon. Senators, the prerequisite for a lawful removal of a leader as set out in the ruling of the Speaker on that occasion are that- (1) The removal is undertaken by a majority of the Members of the Parliamentary Party as known and recognized in the Senate, in accordance with the Standing Orders. (2) The minutes evidencing the removal are attached and the Senators who have signed up us supporting such removal are indicated in the said minutes. (3) The removal is communicated to the Speaker by the designated office holder as provided for in the Standing Orders."
}