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{
    "id": 355582,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/355582/?format=api",
    "text_counter": 219,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Enough! Enough! You stood on a point of order and you used it as an excuse to make an address, perhaps, aimed at some other quarters not necessarily the House. I am sure we have heard more than what we needed to hear. So, I will start with Article 124 which was referred to by hon. Chepkonga. That Article is the anchor of the Standing Orders. It is very important that we begin there. Forget about what Article 1 is saying about national values. Yes, those national values will be there all over. They inform everything that we do. They are just general principles. Beyond the national values, the same Constitution has gone on in Article 124 to state how the Houses will form Committees and Standing Orders. Hon. Chepkonga referred the House to that. In fact, I am happy that he did so because I was going to refer all of us to that Standing Order. “Each House of Parliament may establish Committees and shall make Standing Orders for the orderly conduct of its proceedings including the proceedings of its Committees. Parliament may establish joint Committees consisting of Members of both Houses and may jointly regulate the procedures of those Committees. The proceedings of either House are not invalid just because of a vacancy in the membership”. I took the liberty to reproduce this so that even as you form those Committees, you know that even if there are vacancies, the proceedings of those Committees will not be on the mere basis that there was a vacancy. There is a presence or participation of any person not entitled to be present at/or to participate in the proceedings of the House. Of course, the other bit is about appointment and Article 125 gives the powers of both the House and the Committees to summon witnesses. Having said that, using the authority confirmed on itself, the Tenth Parliament went and made Standing Orders for the orderly conduct of its business. Where do you find those Standing Orders? In this green book which all of us have. It is important that we begin to appreciate this. Hon. Kinoti Gatobu is finding concurrence with what was raised by hon. Jakoyo Midiwo who referred the Chair to Standing Order No.1. But I want us to take this slowly so that we must, therefore, know and put to rest what this Standing Order No.1 requires. I want to read Standing Order No. 1(1) verbatim. “In all cases where matters are not expressly provided for by these Standing Orders or by other orders of the House, any procedural question shall be decided by the Speaker.” I repeat, “any procedural.” Therefore, Standing Order No. 1(1) relates to any procedural matters. In Standing Order No.1 (2), I want you to see how misplaced the argument is. It is stated thus: “The decisions made in paragraph one shall be based on the Constitution of Kenya.” The decision that the Speaker will make on a procedural matter which is not expressly provided for will be guided by the Constitution of Kenya, statute law and usages, forms, precedence, customs, procedures and traditions of Parliament of Kenya and other jurisdictions to the extent that those are applicable to Kenya. So, the application of Standing Order No.1 (1) is only with regard to procedural matters that are not expressly provided for in these Standing Orders. So, please, stop"
}