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{
    "id": 469712,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/469712/?format=api",
    "text_counter": 53,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Sen. Kembi-Gitura has raised a number of issues: One is what constitutes designation and whether it is just somebody shouting that I have designated so-and-so or is it in written form? On that one, I wish to rule that, if you look at Constitution of Kenya 2010, Article 123(4), it says:- “Except as provided otherwise in this Constitution, in any matter in the Senate affecting counties- (a) Each county delegation shall have one vote to be cast on behalf of the county by the head of the county delegation or, in the absence of the head of delegation, by another member of the delegation designated by the head of the delegation.” So, designation would be the head of delegation writing to the Speaker that “I have delegated Senator so and so, on my behalf” In Article 123(4) (b), it is a requirement that the person who votes on behalf of a delegation shall determine whether or not to vote in support or against the matter after consulting the other members of the delegation. So, it has been imposed on the delegation head. I would rule that the delegation should be on the basis of per item on the matter at hand. It cannot be permanent so that the head of delegation can be given opportunity every time the matter comes to exercise a bit of discretion if they are lucky to have more than one. Regarding the matter if one is presiding, I do not think it is the intention of the Constitution or the House to deny a Member, like the Deputy Speaker or a Member of the Speaker’s Panel, the opportunity to represent the county. The reason why we did this is to ensure that each county is fully and properly represented. Any other assignment given to someone by the House should not deny him or her the opportunity to represent the county. So, it would be my consideration that any Member on the Chair who is representing a county will have the vote for that county when the vote is taken. The Chair of the Committee, Mr. Kagwe!"
}