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{
    "id": 383061,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/383061/?format=api",
    "text_counter": 110,
    "type": "speech",
    "speaker_name": "Hon. Ethuro",
    "speaker_title": "The Speaker",
    "speaker": {
        "id": 158,
        "legal_name": "Ekwee David Ethuro",
        "slug": "ekwee-ethuro"
    },
    "content": " Just to respond to the point of order raised by the Senate Minority Leader who also happens to be the Senator for the great County of Bungoma and the delegation leader on his own admission. You should look at both Standing Order No.68 (1) and No.68 (2). Standing Order No.68 (1) states:- “On election, all Senators who are registered as voters in a particular county shall collectively constitute a single delegation for purposes of paragraph 2 and the Senator elected under Article 98 (1) (a) of the Constitution shall be the head of the delegation”. So, you have a delegation with various Members and there is one head. The rest of the Members of the delegation are also part of the delegation. That is why it is talking of “shall collectively”. Now you go to Standing Order No. 68 (2). It states:- “Except as otherwise provided in the Constitution in any matter in the Senate affecting counties, each county delegation shall have one vote”. So, no matter how many you are, you are one vote. Who will cast that vote? It will be cast on behalf of the county by the head of the county delegation. That head is defined in Article 1 (a) and also 68 (1). So my argument is, if the head is defined by name, then you go to the alternative, which gives any other Member of the delegation. So, why can you not also call out the name of that Member? In the absence of the head of the delegation, it will be done by another Member of the delegation designated by the head of the delegation. The designation is the authority for you to vote. The designation does not say like in the old days if you were an Assistant Minister and you went and read a Statement on behalf of the Minister, then they announced that it was the Minister who spoke when he did not. I think over time, we will also change that. So, I see no reason, but I accept your challenge and we will need to read it further. But from my reading – which I think also is your reading – the right way is that if there is a head of delegation, we shall call out the head of the delegation. If the head of the delegation has designated another Member, that Member also deserves recognition. In any case, according to Standing Order No. 68 (1), they shall collectively constitute a single delegation. So, the issue is whether it is the head or another Member delegated. How do they know whether it has been delegated or not? Proceed! I think the Clerk is on the right track."
}