Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 468243,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/468243/?format=api",
    "text_counter": 102,
    "type": "speech",
    "speaker_name": "Hon. Ethuro",
    "speaker_title": "The Speaker",
    "speaker": {
        "id": 158,
        "legal_name": "Ekwee David Ethuro",
        "slug": "ekwee-ethuro"
    },
    "content": " Order, Senators! I think this afternoon the House is in a very foul mood, but it is good. It means that Senators are ready to debate and interrogate our own procedures and whether they are helpful or otherwise. I want to dispose points of orders as raised. Let me start with the first one by the Senator from Vihiga, Sen. Khaniri, regarding S.O. 68(2) (c). This was your second point but I will take it as a first because it is fairly straight forward. The matter is carried only if it is supported by a majority of all the delegations. The writing is quite plain; “all” and “the delegations”, whether complete or otherwise for the Senate, total number of delegations is 47. So, that should give you the number, “all”. In terms of majority, the majority is the simple majority of 50+1. So, if you divide 47 by two, it should give you 23.5. Since delegations are human beings, we cannot have a 0.5. So, we round it to the nearest whole number. That is where the magic number of 24 is derived from. I thought from the Motions we have voted so far, that is the magic number that is no longer magical in the Senate. All you need for your business to proceed is 24 and above. That is the procedure. Even in your own committees, vacancies arising from a committee or the House should not invalidate the proceedings of your business. That is an understood procedure. The second one is where you may have issues. That is S.O. No.77(4); which states:- “That during division, Senators shall maintain order in the Senate and shall be in their designated seats and shall remain seated until the result is announced.” So, when you rise on a point of order, you have not remained in your designated seat and you have not remained seated. You have actually moved from your seat to the Dispatch Box. So, you may have a point there but that is also mitigated on the need. What do you do? Will the Senators just sit if there is a breach of voting like in the case of Kakamega Delegation, if there are requirements for consultation, requirement of that delegation being present and so on? The Constitution determines that for another member of the delegation to vote, the head of the delegation must be absent. Now that is a matter that can affect the outcome of a vote. For the House to continue voting on a Motion as if that kind of breach has not taken place will also be a bit difficult. So, I am saying here that you have raised some fundamental issues but also in the practicality, and I have given that one particular example, the considered opinion of the Chair is that any breach of the procedure must be handled at that particular time. As long as the moving from your seat to another place is not causing serious disruptions to the division, because I do not think that was the intention of the Senators who raise points of order, they just wanted to clarify the matter before they proceed. I can see that you have some point here which the Chair will be looking at in greater depth but for purposes of procedures so far, I do not 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."
}