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"id": 175991,
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"content": "Order, Dr. Khalwale! Hon. Members, with regard to the Order on Petition, I have the following communication to make by way of a ruling of the Chair. Hon. Members, you will recall that on Thursday, 4th December, 2008, the hon. Member for Ikolomani, Dr. Khalwale, purported to petition the House on the fate of money frozen by the Central Bank of Kenya. The hon. Member had not given prior notice of the petition. You will recall, hon. Members, that I deferred the matter to today, Tuesday 9th, December, 2008 at 2.30 p.m. The issue for determination is this: Should hon. Members give prior written notice of intended Petition to the Speaker? Otherwise put: Is notice to the Speaker a condition precedent to presentation of a petition to the House? The Question of presentment and procedure relating to public petitions is not new to this House. Considered rulings on related matters were delivered in this House on 11th June, 1965, and 4th November, 1993. The Standing Orders, at Part XX, provide for public petitions. Standing Order No.164 is of relevance to this matter. It reads as follows:- \"Every such petition shall be brought to the Table of the House, by the direction of Mr. Speaker who shall not allow debate, or any hon. Member to speak upon or in relation to such petition; but it may be read by the Clerk if required.\" The words \"by the direction of Mr. Speaker\" are significant. These words, in themselves, make prior notification of the Speaker a requirement. This is a logical position. The Speaker as Chair of the House, cannot be subjected to ambush by Members seeking to make this or that petition. And neither should Members of the House be subjected to such ambush. Prior notification of a petition will surely be necessary. This is the rationale behind the preparation of the Order Paper. In this regard, Standing Order No.30 requires that: \"The Order Paper shall be prepared by the Clerk, showing the business to be placed before or taken by the House in the order in which it is to be taken, together with such other information as Mr. Speaker from time to time may direct to be shown 3918 therein; such Order Paper shall be circulated as early as possible before the House meets.\" Prior presentment also occasions the Speaker an opportunity to ensure that a petition by an hon. Member conforms to the requirements contemplated by the Standing Orders. On this, Standing Order No.165 provides as follows: \"Every Member presenting a petition shall take care that the same is in conformity with the usual practice of the House of Commons of Great Britain and Northern Ireland.\" What then is the current law and practice on public petitions prevailing in the House of Commons? On this, Erskine May in the text Parliamentary Practice (20th Edition, on pages 811 to 822) sets out some guidelines and the style and contents of a petition. These guidelines are, by virtue of Standing Order No.165, applicable in Kenya mutatis mutandis as they apply in the House of Commons. The guidelines provide as follows: (i) A petition should be specifically and respectfully addressed to the House and should indicate clearly the origin and its author(s). (ii) A petition should contain one or more paragraphs setting out the reasons why the petitioner or petitioners is or are petitioning the House. (iii) A petition should contain a clear request to the House which is within its power to grant. (iv) A petition should conclude with a prayer. (v) Every petition must be respectful, decorous and temperate in its language. (vi) A petition must be written by hand, not printed, photocopied, lithographed or typewritten. Hon. Members, it is clear, from the above, that the petition by the hon. Member for Ikolomani fell short of the requirement of the Standing Orders, including the practice and procedure as set out above. That was the position as last week. In particular, the petition did not meet the requirements of the Standing Orders with respect to prior notification of the Speaker. Thus, in accordance with the Standing Orders, the petition should be presented to the Clerk of the National Assembly to certify that it meets the requirements of the Standing Orders as I have set out in extenso above. The Clerk shall then notify Mr. Speaker that the petition is either in order or needs further scrutiny. The hon. Member would then be advised on its admissibility or otherwise. Thank you."
}