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{
    "id": 598194,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/598194/?format=api",
    "text_counter": 344,
    "type": "other",
    "speaker_name": "",
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    "content": "architecture of the Senate. We want to interpret it almost like the National Assembly. This is a House that envisages the equality of counties. It insists that at any decision, 24 of us must speak to it whether in the affirmative or otherwise. Therefore, for us to narrow down, particularly some of those Senators who I have heard speak - this Senate was supposed to pull us out of marginalization. That is the principle of this Senate. It was supposed to allow every county to speak to some of the decisions that this Senate was to take. I am happy that Sen. Wamatangi realises that these Standing Orders have the force of the Constitution and are as binding. Mr. Deputy Speaker, Sir, reading from Article 123(c ) and then looking at that with respect to Standing Order No.76(2) and appreciating the ruling of the Speaker on 15th August, 2014, during Mr. Kiala’s impeachment, and since Sen. Murkomen made reference to the HANSARD, we actually adjourned the House because we were 15 Members. The Speaker insisted that the majority of delegations must speak to this issue. The outcome of the vote was simple; 17 Members voted against the impeachment of Mr. Kiala, five voted for his impeachment and two Members abstained; making the quorum 24. I find it extremely disheartening for this Senate to always depart its position on account of expediency of politics. Whether we want to protect a presidency, you are a President today and you are not a President tomorrow. We must build the Senate for posterity. For us, we have raised these issues merely for the purposes of this record, when our sons, daughters and our fore-children who come after us read this to appreciate those of us who were sent to this Senate to protect the very interest of those counties. That is why counties must speak to whatever the President wants to do in person, either through abstention or voting, but there must be at least 32 present here. Mr. Deputy Speaker, Sir, for us to conveniently and constantly evolve our rulings - and you are a stickler of rulings – this ruling was made on 15th August, 2014. I hope we will carry it forward so that we can exonerate ourselves from taking political decisions that are expedient. This designation has been a practice by the Speaker’s office that you must present yourself a designation of who in your delegation is to vote for you. You want to depart from it today, because there is a convenient matter for you to rule upon on this particular day. I refer to the ruling of the Speaker on 15th August, 2014 because I think he based his ruling on Standing Order No.76(2) which says that:- “(2) The Speaker shall direct a roll call vote to be taken in every instance where the Constitution lays down that a fixed majority is necessary to decide any question or in instances where the Senate is to decide on a matter that requires voting by County Delegations.” The Speaker insisted in this instance of Mr. Kiala that it has to be 24 Members. If he decided then it was 24 Members, then it must now elevate itself to that threshold of 32 Members that the Constitution sets. So, it is simple logic that you graduate that ruling, but if it is in the wisdom of the Speaker to depart from that ruling just for the expediency of politics, it would be an extremely sad day for this country. Mr. Deputy Speaker, Sir, my colleagues in this House from 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."
}