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"content": "“We were told that the President has setup Wi-Fi hotspots across the country, including here in Nairobi City County and markets such as Muthurwa and City Market. You will see that, in fact, those things do not work. Secondly, the Central Bank of Kenya (CBK) data shows that the default rate of the loans borrowed under the Hustler Fund is higher than the ones of the commercial banks.” Hon. Senators, Standing Order No.105(1) states as follows- “A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly.” Further, Standing Order No.105 (2) states that- “If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegations instantly, the Speaker shall require that such Senator substantiates the allegations not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the meaning of Standing Order No.121 unless the Senator withdraws the allegations and gives a suitable apology” Sen. Edwin Sifuna was unable to substantiate his statements as required pursuant to Standing Order No.105(1) and subsequently requested to be allowed by the Speaker, to provide the evidence on the next sitting day in accordance with Standing Order No.105(2). Having acceded to the request, the Speaker directed that the Senator substantiates his allegations at the next sitting day. On Wednesday, 15th November, 2023, I consequently invited Sen. Edwin Sifuna, to table the evidence in support of his statements made on Tuesday, 14th November, 2023 pursuant to Standing Order No.105(2). Thereupon, having no evidence to substantiate the point of order by Sen. Veronica Maina, with respect to Wi-Fi hotspots across the country, Sen. Edwin Sifuna, withdrew the statement and offered an apology to the Senate. The Senator thereafter proceeded to table documents containing the evidence on the following - (1) The point of order raised by Sen. Chute concerning subsidized fertilizer. (2) The point of order raised by Sen. Veronica Maina concerning the default rate for the loans borrowed under the Hustler Fund. Hon. Senators, following the tabling of the evidence by Sen. Sifuna, I undertook to review the documents and give a ruling on the matter as it was not practical to make a determination then. As you are aware, any document or evidence tabled by a Senator in this House as evidence for substantiation of any allegations made under Standing Order No. 105 must pass a certain threshold. The obligation on the Speaker in this matter was to review the documents tabled by Sen. Sifuna, make a determination on their admissibility, further establish whether the documents, if admissible, provide evidence of the claims made, and to finally make a determination whether, accordingly, the threshold under Standing Order No.105 has been met. Consequently, in undertaking the foregoing assessment, the parameters that have guided the Speaker in the present matter are as follows-"
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