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    "id": 385773,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/385773/?format=api",
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    "content": "call vote, which will obviously result in a negative of the question. But this argument can be countered on the basis that Standing Order No.36 had been intended to extend to the failure to attain a threshold of 24 delegations. Nothing would have been easier than for that to be expressly provided for at the Standing Order. Further, it can be argued that when a question is put, no particular outcome is desired or expected and that both an affirmative vote and a negative one are legitimate outcomes with winners and losers. It can, therefore, be argued that the time of the Senate is valuable and should not be spent on predetermined outcomes and that the Speaker owes it to the House to ensure that this is so. But it can also be countered as the Speaker is not one of the players on the Floor of the Senate, but a neutral arbiter. From this perspective, hon. Senators, the Speaker owes neither side of any question any deed of care to safeguard his interest. His argument will be that the Mover of a Motion must exercise due diligence and defer a vote until he or she has established the necessary support. Similarly, of course, it is a legitimate political devise for those opposing a Motion to keep away from a roll call vote and deny the necessary threshold, so that the question is automatically negatived should it be the role of the Speaker to stop or avert a legitimate political process. The arguments are many and the debate must continue. It is good that these questions are coming up at this particular time when the Rules and Business Committee has commenced a review of the Standing Orders of the Senate. This is where these matters will be settled. The proposal by Sen. Wetangula that a day be designated for putting the question on all Motions debated during the week will be one that the Senate may wish to consider. So also, of course, is the proposal that there will be a rule that the Speaker must confirm the threshold of 24 delegations present before allowing a division. These will remain grey areas for debate and determination as we go along. Finally, hon. Senators, this matter needs to serve as a wakeup call to all Senators to study carefully the Standing Orders of the Senate. The procedures of the Senate are new and are in many respects totally different from those applicable in the National Assembly in the Tenth Parliament or, indeed, at any time in the history of the Parliament of Kenya. You are also aware that even the Tenth Parliament changed its own Standing Orders. The Business of the Senate will be much assisted if hon. Senators carefully consider the Senate Standing Orders and their ramifications on each action or inaction. For now, as determined yesterday, I direct that the Question on the Motion by Sen. (Dr.) Khalwale will be put this morning and I will proceed to put the question."
}