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{
    "id": 598727,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/598727/?format=api",
    "text_counter": 130,
    "type": "other",
    "speaker_name": "",
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    "content": "“Except as otherwise provided in this Constitution, any question proposed for decision in either House of Parliament shall be determined by a majority of the members in that House, present and voting.” The Senate Minority Leader argued further that Article 122(1) was a general provision which in the usage and precedent of the Senate had not been applied as the Senate had set for itself a threshold such that for the Senate to proceed on a vote on any matter, the Senate required to have a minimum of 24 County Delegations present in the Senate. The Senate Minority Leader stated that in light of this practice of the Senate, before the Senate proceeded to vote on the Presidential Memoranda, there would require to be at least 24 County Delegations present in the Senate. This, Sen. Wetangula said, ought to be distinguished from the rule requiring a quorum of 15 Members of the Senate as set out under Article 121 of the Constitution. The Senate Minority Leader stated that in respect of a Presidential Memorandum, Article 115 set out the required thresholds. The Senator then stated that since a simple majority of county delegations was required to pass a Presidential Memorandum there would be required to be present in the Senate at least 24 County Delegations before the Speaker called for a vote on the Memorandum. He further stated that where the Senate sought to pass the Bill a second time without amendments or with amendments that did not fully accommodate the President’s reservations; the required threshold under Article 115(4) of the Constitution was 32 County Delegations. Sen. Wetangula, therefore, argued that pursuant to standing order 76(2), where the Senate did not have the minimum of twenty-four delegations present, the Senate could not, under any circumstances, proceed to vote. He concluded by seeking the directions of the Chair on the meaning and import of standing order 76(2) as read together with Articles 115(4) (b), 122(1) and 123(4)(a) and (c). The Senate Majority Leader, Sen. (Prof.) Kithure Kindiki, took a different view on the matter. He stated that Article 121 of the Constitution was clear that the Senate could not transact any business unless 15 Senators were present in the Senate. He further stated that Article 121 did not envisage county delegations; it only required the presence of 15 Senators even if they were all from one county delegation. The Senate Majority Leader, proceeded to argue that there was no connection between Article 121, on quorum in the Senate, and Article 123(4)(c) on the threshold required for voting in the Senate. He further argued that if the law makers had intended that the Senate could not proceed to a vote unless there were 24 County Delegations present in the Senate, nothing would have been easier than to expressly provide so in the law. He stated that though the Senate had previously applied the “24 Senators present” rule, this was “a gentleman’s agreement” which had been agreed on for the purpose of ensuring that a sponsor of a Motion affecting Counties did not lose the Motion when it was put to a vote only on account of lack of the required threshold of 24 County Delegations required to pass the Motion. The Senate Majority Leader took the position that technically, there was no requirement for the presence of 24 County Delegations in the Senate before a vote could be taken on a Presidential Memorandum and that, therefore, a Presidential Memorandum 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."
}