Entry Instance

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

{
    "id": 581823,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/581823/?format=api",
    "text_counter": 28,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Indeed, to determine otherwise, Hon. Members, the Speaker would be in clear violation of Standing Order No. 62(2). More particularly, also Article 122 of the Constitution. Furthermore, the issue for determination by the Speaker is one that involves a question on the power of the House to take a further vote and to that extent, the constitutional right of the House. The Practice of the House of Representatives of Australia, states as follows: “In any matter which might involve or touch on the constitutional rights or powers of a House of Parliament, the view has been taken that, other things being equal, the Speaker should not take decisions which could have the effect of limiting these rights or powers of the House as the House is a master of its own destiny” It is for this reason that I am of the view that to rule that the House cannot take a further vote on the Bill would be not only in contravention of well-founded principles of Parliamentary Practice but also the Constitution of Kenya, in particular on the powers of the House to make decisions in terms of Articles 95 and 122 of the Constitution. More specifically, Article 162 which clearly provides that the Speakers of Houses of Parliament have no vote. What the hon. Member is seeking is for the House to take a vote. For the Speaker to deny that request, the Speaker would be exercising a vote. Hon. Members, however, there is need for a procedure to be established for prompting the Speaker to invoke the provisions of Standing Order No. 62(2) to be used in future if such a case arises again. This is to avoid a scenario which creates uncertainty on the fate of Bills. Indeed, as seen in the case of Hon. David Ochieng’, after the Motion failed to attain the two-third The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}