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"content": "Honourable Members, while our Standing Orders do not directly provide for expunction of HANSARD records, our traditions, precedents and practice do. Virtually all Speakers have had to expunge objectionable or reckless utterances, inaccurate votes or records when the need has arisen. Our practice has never required a resolution of the House for the Speaker to expunge any matter from record. The discretion has largely been left to the Presiding Officer, and particularly the substantive Speaker. On October 11, 1995 the Speaker ordered the expunction of two documents earlier in the day laid by Hon. James Orengo purportedly from some Presidential Escort Officers blowing the whistle on the killing of the late Dr. Robert Ouko. He ordered the expunction because the documents were not signed. On October 4, 2007 Speaker Francis ole Kaparo ordered that adverse remarks made by Members against Hon. Gideon Moi, and without a substantive Motion, during debate on the 15th Public Investments Committee Report to be expunged. On 25th November, 2010, the Speaker, Hon. Kenneth Marende, ordered the expunction from the records of the House, the mentioning of Dr. Kilemi Mwiria as Hon. Bahari instead of referring to him as the Member for Bahari. On 13th March, 2012, when Hon. Shebesh questioned the authenticity of a document earlier presented to the House by Hon. Charles Kilonzo on an International Criminal Court matter (ICC), Hon. Njuguna made unsubstantiated remarks about the British Government and the Kapenguria Six. He was ordered by the Speaker to withdraw the remarks which he did. Consequently, the Speaker ordered the offending remarks to be expunged from the record of the House. From the foregoing, it is clear that the Speaker, being the custodian of the Standing Orders and under the powers conferred upon him by the provisions of the Standing Order No.1, may order for expunging of words that are unparliamentary or are of expletive nature. This long-held practice still stands and I hereby affirm it as elucidated above."
}