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{
    "id": 388306,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/388306/?format=api",
    "text_counter": 45,
    "type": "speech",
    "speaker_name": "Hon. Kajwang",
    "speaker_title": "",
    "speaker": {
        "id": 2712,
        "legal_name": "Tom Joseph Kajwang'",
        "slug": "kajwang-tom-joseph-francis"
    },
    "content": "With tremendous respect, allow me just to look at the law and ask if, therefore, this sitting is constitutional. Under Article 106, the Speaker is defined by the Constitution of this country and two offices are, therefore, created for the Hon. Speaker and the Deputy Speaker. These offices are complementary but are distinct from each other; the Constitution itself has established those offices. The powers of the two offices are in Article 107; under other articles, of course, the Speaker presides over the House but in the absence of the Speaker the Deputy Speaker presides. The Standing Order that my colleague hon. Wamalwa has cited - Standing Order 29 - has a special use by the Speaker in paragraphs (1) and (2). So, it is very clear that the prerogative, the powers and the functions in Standing Order 29(1) are exclusive to the Speaker; it says “the Speaker may, on the request of the Leader of the Majority Party or the Leader of the Minority Party call for a special sitting”. Standing Order 29(2) says “The Speaker may allow a request under paragraph (1) if the Speaker is satisfied that the business proposed to be transacted relates to the matters specified under Standing Order 61”. Standing Order 29(3) says “The Speaker shall, by notice in the Gazette, notify the Members of the place, date and time appointed for the special sitting of the House”. Seeing that the Deputy Speaker, and not the Speaker, signed the Gazette Notice that convened this National Assembly in my respectful submission, I find, therefore, that there are articles of the Constitution which do not empower the Deputy Speaker to do that which she sought to do. These powers are exclusive and are not transferable; they are not delegable. One would suppose that under Standing Order 29( 2) “other urgent and exceptional business” is business that the Speaker will allow. Yes it could be urgent and special but the Speaker must allow it."
}