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{
    "id": 582237,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/582237/?format=api",
    "text_counter": 29,
    "type": "other",
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    "content": "threshold when the House was adjourned, Hon. Members went away with the knowledge that the Motion for the Second Reading of the Bill had been defeated and with it the Bill itself. Hon. Members, allow me to refer to Erskine May on Parliamentary Practice in relation to the procedure of prompting the Speaker in the House. Standing Order No. 59 of the House of Lords in relation to the right of a Lord to record a protest against any decision of the House provides that the “entry of a protest must be made not later than the end of business on the next sitting day.” Further, Robert's Rules of Order referred to in the United States of America, which I alluded to earlier, also provide that a Motion to reconsider must be made within a limited time after the action on the original Motion, usually at the same sitting or on the next day within the session. Honourable Members, it is for these reasons that I am of the view that in future any Member wishing to prompt the Speaker to invoke the provisions of Standing Order No.62(2) must do so on the Floor of the House immediately after the Speaker announces the result of the vote and must also be supported by other Members in rising. Indeed, the Bill by Hon. David Ochieng’ is one of national interest; as such Kenyans should be in full knowledge and aware of the debate, and in particular be certain of its fate at all stages to avoid eliciting a debate on its existence. This debate could, as a matter of fact, have arisen in the case of Hon. David Ochieng’s Bill between the time at which the Bill was defeated and the time at which he delivered the letter to the Speaker requesting the House to take a further vote as a considerable period of time had lapsed. The requirement that certain a number of Members should support a Member wishing to invoke the provisions of Standing Order No. 62(2) is also paramount to avoid an abuse of the process and deter Members from making frivolous and vexatious requests on the premise of invoking Standing Order No. 66(2), even on Motions, or Bills that do not need a fixed majority. Hon. Members, in summary therefore, it is my finding:- That, the request by Hon. David Ochieng’ for the House to undertake a further vote on the Motion for the Second Reading of the Constitution of Kenya (Amendment) Bill, No. 1 of 2015 be granted and consequently executed within five sitting days from the day of the first vote in terms of Standing Order No. 62(2). This case will be 1st September 2015 and will be preceded by the further vote on the Third Reading of the Constitution of Kenya (Amendment) Bill, No. 26 of 2013 proposed by Hon. Lati Leleit. That, in future any Member wishing to request a further vote on a Question on a Special Motion or a Bill the passage of which requires a fixed majority of the House membership shall only be granted- (a) if the sponsor of the said Special Motion or Bill rises in his or her place immediately the Speaker announces the vote results and seeks the further vote; (b) if at least thirty (30) Members stand in their places indicating their support for the further vote. Hon. Members, as the House dispenses with further votes on the Bills seeking to amend the Constitution sponsored by Hon. David Ochieng’ and Hon. Lati Lelelit, I wish to refer Hon. Members back to my aforementioned ruling of July 28, 2015 in which I expressly pointed out that any legislation to amend the supreme law of the land requires sufficient and extensive consultations and consensus-building. I call upon all Members to make use of this window of opportunity to decide with finality whether you wish to amend the Constitution in the manner proposed by your two Hon. Colleagues. I thank you. 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."
}