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"id": 186966,
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"speaker_name": "Mr. Speaker",
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"content": "Previously, the Chair has asked Members not to take debate outside the House and to desist from dragging the Chair into any debate even within the House. Hon. Members, on the 18th April, 1995, the immediate former Speaker, hon. Francis ole Kaparo, made the following ruling on the matter, and I quote: \"Hon. Members, I seek the indulgence of the House to delve into the issue in greater length than usual. In parliamentary parlance, the procedure of Parliament encompasses far more than the codified rules. Indeed, its most indelible part is practice, which practice comprises tradition, convention, etiquette, decorum, standards, rulings of the Chair and so on. This understanding of parliamentary procedure has been universally acknowledged especially within the Commonwealth jurisdictions. Thus, whereas the quantified parts of procedure are specific and predictable, in situations unforeseen and thus not already provided for, Parliament reverts to the application of the uncodified part of procedure, that is, practice. In parliamentary traditions, such matters are resolved having regard to precedent. As regards specific request for guidance on the comments made outside this Chamber, I will state as follows: \"On the 17th October, 1969, the National Assembly made a specific decision in a resolution to bar any continuation by Members of debates on matters before the House. However, prior to this resolution, the issue had been raised on 12th August, 1969 to which Mr. Speaker Slade in part responded as follows and I quote Mr. Slade: \"As stated in my communication of 29th May, 1969 and the 24th June, 1969, it is definitely improper and contemptuous of this House for Members to carry on debates outside this House or to answer in the press or publicly elsewhere anything that has been said by hon. Members in this House. What I said about carrying debates outside applies only to debates on substantive Motions which result in a definite resolution. The subject matter of such debates, indeed, must not be July 31, 2008 PARLIAMENTARY DEBATES 2277 discussed by hon. Members publicly outside the House while the debate is pending nor should there be any subsequent public comment by hon. Members outside the House which challenges the ultimate resolution of the House. Whatever the nature of the proceedings, things said by hon. Members in this House may only be answered by other Members in this House\". As I continue to quote my predecessor: \"As, it can be done from the foregoing and given that, careful scrutiny of the journals of this House reveal that the rulings of this subject matter have neither been varied nor rescinded, I do rule with fear of possible contradictions that our present procedure and practice bar hon. Members from referring to, commenting or continuing debate outside this Chamber on substantive matters not yet disposed off by this House\". I hasten to add that in debarring references, comments and debates outside the Chamber on substantive matters under debate here, it is similarly referring to matters of a Select Committee before the Committee tables its report as precluded by the provisions of Standing Order No.70 which prohibits anticipating discussion of substantive Motions already seized of this House.\" Hon. Members, taking debate outside the House no doubt lowers its dignity and brings into disrepute its proceedings. It behoves all of us to individually and collectively uphold the dignity of this House. Secondly, by alleging that if the substantive Speaker was in the Chair, the Motion would not have been allowed, Mr. Kimunya cast aspersions on the integrity, capacity and independence of the Chair. Indeed, a Member would not be able to prejudge what the Chair will rule on a matter as the Chair considers many explanatory variables and consults widely before making a decision. For a Member to allege that a person presiding over sittings of the House will make a decision that would be different if another Member was presiding is far fetched, speculative and unacceptable. The Chair as lawfully constituted executes its mandate in absolute solidity, cohesion and unwavering collectivity and vows to continue to do so without fear or favour and yet fairly and firmly. Arising from the above, it will be observed that Mr. Kimunya conducted himself in a most disgraceful and unsatisfactory manner, to wit: (i) Taking debate outside the House contrary to the Chair's ruling. (ii) Casting aspersions on the Chair. (iii) Being contemptuous of the House by revisiting matters that the House had made a resolution on, to proceed in a particular manner. (iv) Using language unbecoming of an honourable Member and calling to question the conduct of the House. Hon. Members, in view of the foregoing, the conduct, actions and unwarranted utterances by Mr. Kimunya amount to gross misconduct within the meaning of Standing Order No.88, and the Chair strongly takes great exception to them. I, therefore, without any reservation, severely reprimand the hon. Member for Kipipiri for gross misconduct in the manner he has handled himself in this matter."
}