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{
    "id": 385767,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/385767/?format=api",
    "text_counter": 37,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Instances where the Constitution requires a fixed majority (1) In every instance where the Constitution lays down that a fixed number of Senators is necessary to support the moving of, or to decide any question on a Motion, any amendment motion to such motion shall not be passed unless supported by the fixed number of Senators required to pass the original motion.” It is clear, therefore, that that the amended Motion moved by Sen.(Dr.) Kuti, to Sen.(Dr.) Khalwale’s Motion required the fixed number of 24 delegations, which the original Motion required to pass. It is also clear that no express provision of the Standing Orders of the kind was Standing Order No.68 of the National Assembly exists to require the Speaker to first ascertain that there are at least 24 delegations present before proceeding to a division. The Speaker was, however, urged to invoke Standing Order No.1 and exercise the powers provided there under to rescind the decision that the amended Motion by Sen.(Dr.) Kuti had been negatived and to further, for the future, order that the necessary threshold of 24 delegations, be first established before proceeding to a division on a matter affecting counties. The issues which the Speaker was asked to determine using Standing Order No.1 are as follows:- One, whether to rescind his finding that the amendment Motion by Sen.(Dr.) Kuti had been negatived and, therefore, order a fresh division only when there are at least 24 delegations present in the Senate. Two, whether for the future, the Speaker must first ascertain whether there are at least 24 delegations present in the Senate before calling a roll call vote on a matter affecting counties. Hon. Senators, Standing Order No.1(1) provides as follows, and I quote:- “In all cases where matters are not expressly provided for by these Standing Orders or by other Orders of the Senate, any procedural question shall be decided by the Speaker. (2) The decisions made in paragraph (1) shall be based on the Constitution of Kenya, statute law and the usages, forms, precedents, customs, procedures and traditions of the Parliament of Kenya and other jurisdictions to the extent that these are applicable to Kenya.” Standing Order No.1 must be invoked sparingly and judiciously. It is used to complement the Standing Orders and to fill in the gaps, not to substitute existing The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}