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{
    "id": 598179,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/598179/?format=api",
    "text_counter": 329,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I will try my best to speak within the time limit that you have provided. Mr. Deputy Speaker, Sir, I have listened with a lot of patience to the arguments that have been made by the Senate Minority Leader and those who have supported his view. However, I find great difficulty to appreciate how difficult it is to see the very plain provisions of the Constitution in the matters that we are discussing here this afternoon. Mr. Deputy Speaker, Sir, what Article 121 says is simple. You cannot transact any business in this House unless you have 15 Senators present. In fact, Article 121 does not even envisage delegations. It talks of 15 Senators even if they are from one delegation. Assuming that there is a delegation with 15 Senators, they can transact business of this House legitimately. Mr. Deputy Speaker, Sir, much has been said about Article 123(4)(C) which states that:- “The matter is carried only if it is supported by a majority of all the delegations.” The key word is “supported.” Mr. Deputy Speaker, Sir, unlike what my distinguished colleague, the Senator for Makueni, Sen. Mutula Kilonzo Jnr., whom I respect a lot has said, I vehemently reject the argument that there is a connection between Articles 123(4)(c) and 121. There is no connection. I heard him say that Article 123(4)(c) means – according to him – that you cannot vote on an issue unless there are 24 Members. That is not true. If the law intended to say what he has said, nothing would have been easier than to write so. There is nothing in the Constitution, whether in letter or in spirit, suggesting that you need 24 Senators to vote on an issue. I support what my colleagues, Sen. Murkomen and Sen. Keter, argued here before that, in fact, the 24 phenomenon is a gentleman’s agreement. We agreed here in this Senate for one purpose being that it is not sometimes proper for somebody who has brought a Bill to lose it just because of threshold issues. If you can build consensus across the board, we should not take a vote unless you are sure that you not only have the 24, 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."
}