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"content": "Before I summarise, let me deal with the issue of Article 117 by Sen. Hassan and the need for activism. First, I do not know whether he was accepting the allegations that this was an activism Constitution. However, if you read it, you will see that in Article 117(1), he used the word “shall”, and in Article 117(2), he attempted to use the word “may”. The two words are not related. Article 117(1) says: “There shall be freedom of speech and debate in Parliament.” My understanding is that the way you and the rest contribute here freely, you should have that freedom. Article 117(2) goes on to say: “Parliament may, for the purpose of the orderly and effective discharge of the business of Parliament, provide for the powers, privileges and immunities Parliament, its committees, the leader of the majority party and the leader of the minority party and the chairpersons of committees and Members.” Indeed, we have a law on powers and privileges which we enjoy. You have unlimited freedom to contribute to whatever subject, of course, subject to the rules of substantiation and the rest which we have been practicing before. Arguing that this particular Motion should not proceed and whether we are limiting that debate is a different proposition. I think Sen. Murkomen advanced even within the Constitution that there are limitations to certain rights to be provided for. So, even within our Standing Orders, there are also limitations like discussing the conduct of your other colleagues. I think it was on that basis. However, for your request in order to expand the space if there is an opportunity, we will, but within the law. The question by Sen. Orengo was since sub judice is not a matter of the Constitution, whether it has the same velocity, just because it is a Standing Order. My submission is that Standing Orders are derived from the Constitution itself. So, they are basically the force of the Constitution under Article 124. For Sen. G.G Kariuki to be offended by frequent references to Standing Orders, I plead with him that that is the only way to conduct orderly procedural business of the House. Otherwise, there would be chaos and anarchy. You just have to bear with us. I would imagine if I am a good Muslim, the next book I should be holding is a Quran. If I am a good Christian the next book I should be holding is the Bible plus other religious books for the relevant religions. There was the issue of impeachment of the Governor for Makueni. That reference was made completely out of context. We took a decision as a House on the basis of other things and not because of this kind of business. It is important to appreciate that Dr. Khalwale decided that I am brave going by other experience. I want to confirm to the Senators that you are the brave ones. I was so convinced that the Senators are elite and cannot get to any lower level than you have always been. Today, you have demonstrated my faith in you, that no matter how difficult things are, you can rise to the occasion and debate with decorum and dignity, which you have exemplified today. On the rulings by the former Speaker of the National Assembly, Speaker Marende, which everybody quoted. I am happy you were quoting them because Speaker Marende did a lot of work for the Parliament of the Republic of Kenya. It was through those rulings that we drafted the new Standing Orders that we have. I am happy to report to you that, at least, I was part of that process. 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"
}