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{
    "id": 1489749,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1489749/?format=api",
    "text_counter": 404,
    "type": "other",
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    "content": "Indeed, you will recall that in the case of the election of a Speaker of this House and the Members of the East African Legislative Assembly, no debate arises. This settles that third issue. On the fourth issue of timelines as envisaged under Article 149(1) of the Constitution, you will observe that Article 149(1) of the Constitution defines the period within which the President is required to nominate a person to fill the vacancy in the Office of the Deputy President, which is within 14 days after the vacancy in the Office of the Deputy President arises. The National Assembly is then required to vote on the nomination within 60 days after receiving it. From the foregoing, Article 149(1) of the Constitution defines the maximum period within which the President and the National Assembly are required to act. To this end, the President can nominate a person to fill the vacancy from the first day the vacancy arises up to the 14th day. The National Assembly, on its part, is required to vote on any day from the first day it receives a nomination up to the 60th day after the receipt of the nomination. Consequently, the nomination of Prof. Kithure Kindiki and the vote the House is required to take today on the nomination is within the constitutional timeline that is provided for in Article 149 (1) of the Constitution. This settles that fourth issue. The fifth and final issue that was raised was guidance on the threshold for voting under Article 149 (1) of the Constitution. It is noteworthy that Article 149(1) of the Constitution has not defined or provided for the threshold for voting for the nomination of a person to fill the vacancy of the Office of the Deputy President. Article 122(1) of the Constitution provides that: “Except as otherwise provided in the Constitution, any question proposed for decision in either House or Parliament shall be determined by a majority of the Members in that House present and voting.” Consequently, the threshold for voting on the nomination of Prof. Kithure Kindiki, EGH, is a majority of the Members in this House, present and voting, as provided for in Article 122(1) of the Constitution. That final issue is also settled. In summary, therefore, I wish to guide the House as follows: 1. Article 149 of the Constitution requires the House to take a vote on the nomination of Prof. Kithure Kindiki, EGH, to fill the vacancy in the Office of the Deputy President. 2. In this regard, the House will be guided by its previous precedent whenever it is called upon to take a vote on a matter as relates to the election of the Speaker, the Deputy Speaker and Members of EALA and Pan-African Parliament. 3. No debate arises on a matter that the House is required to take a vote. 4. That the nomination of Prof. Kithure Kindiki, EGH, and the vote the House is required to take on the nomination is within the constitutional timeline that is provided for in Article 149(1) of the Constitution. 5. That the House Business Committee has resolved that the vote contemplated under Article 149(1) of the Constitution be taken today during this sitting of the House. 6. That the threshold for voting on the nomination of Prof. Kithure Kindiki, EGH, is a majority of the Members in the House, present and voting, as provided for in Article 122(1) of the Constitution. The House is, therefore, accordingly guided. You may now proceed to take the vote. Clerk-at-the-Table, ring the Division Bell for five minutes."
}