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"content": "proceeds by precedence and also by what is in the Constitution. My view is that the Constitution wanted the Presidential Address to be discussed only after it has been published in the Kenya Gazette. It is be very clear in the Constitution and we would not have otherwise proceeded last year when we debated the Presidential Address. The issue that has been raised by Sen. (Dr.) Khalwale on Article 35 is important but this is, again, the question of how you look at it because it says that the State shall publish and publicize any important information affecting the nation. Our Standing Orders require that it shall be tabled as soon as practicable after the President has given the Address and “as soon as practicable” has to be today because it is the first sitting after the Address. It does not talk about how it shall be published or publicized. I dare say that one way of publishing and publicizing it is by debating it in the Senate. Once it is tabled in the House, it is a document that is open to the public and is a public document after this. So, the newspapers and the media will now have a right to publish and publicize it. The only other issue that is really pending there, in my view, is Article 135 which says; “Decision of the President shall be in writing.” Papers have been laid and I have not seen them. I believe a Notice of Motion is going to be given after which then we can debate the Report and its veracity or otherwise. That is the way I would look at it. I would say that I do not see that we have broken any rules. Sen. Orengo also raised the issue of our own Standing Order 24(5) which says that: “Whenever the President delivers an Address, a Senator may, as soon as practicable thereafter, lay the Presidential Address on the Table of the Senate following the reading of such Address.” Which then leaves us to move to S.O.24(6) – the moving of the Motion, which again is not mandatory because it says;“A Senator may give Notice of a Motion.”We have not reached there but I believe that that is the next point where we are going. Anything short of or any point of order beyond that at this time would be preempting debate because we do not know what is going to happen. That would be my ruling on that issue. So, if any point of order is made to make me change my ruling, it is not going to be of any help to the House and to me."
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