Entry Instance

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{
    "id": 627364,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/627364/?format=api",
    "text_counter": 279,
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    "speaker_name": "",
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    "content": "“A Parliamentary Party that nominated a Senator to a Select Committee may give notice, in writing, to the Chairperson of the Rules and Business Committee that the Senator is to be discharged from a Select Committee”. Standing Order No. 180 (2) of the Standing Orders further provides that:- “The discharge of a Senator shall take effect upon receipt by the Chairperson of a notice under paragraph (1)”. Therefore, you occasion the move, and your wishes are granted as they are. In the case of the Sessional Committee on County Public Accounts and Investments, in terms of Standing order No.210(1) of the Senate Standing Orders, for purposes of the Fourth Session of the Eleventh Parliament, Sen. Okong’o was by letter dated 9th February, 2016, nominated by the CORD Coalition to serve as a Member of the Committee. Subsequently, Sen. Okong’o was on 17th February 2016 elected to serve as the chairperson of then said committee. However, on the same day, by letter of the same date, the Senator was, pursuant to Standing Order No.180(1) discharged the same evening and, therefore, removed by the party from membership in the Committee. That is as it is. The third question relates to the effect of the de-whipping of a chairperson of a committee on the business and affairs of the committee. The question that arose was whether in light of the de-whipping of the chairperson of the Sessional Committee on County Public Accounts and Investments, then the Committee could continue to transact its business. On one hand there were Senators who argued that the de-whipping of a chairperson of a committee would not affect the continued transactions of the business of the committee, so long as the committee continues to retain a quorum and; further, that in the absence of the chairperson, then the vice chairperson of the committee would chair all subsequent sittings until the election of the new chairperson. It was, therefore, argued that the committee was not in limbo and could, indeed, proceed to consider matters before it. On the other hand, other Senators implied that the committee was, indeed, in limbo and could not possibly proceed to transact any business before the election of a new chairperson. The latter position is the correct position. Standing Order No.183(2) provides as follows: “Whenever a vacancy occurs in the office of the Chairperson or Vice- Chairperson of a Select Committee, the Clerk shall, within seven days of the vacancy arising, appoint a place, date and time for the meeting of the Committee to elect a chairperson or the vice-chairperson.” It is evident from this Standing Order that where there is a vacancy in the office of the chairperson or the vice chairperson of a committee, then filling of the vacancy takes precedence over all other business before the committee. This is why the Standing Orders make specific provision on the timelines relating to the filling of such vacancies. This will be all the more important in the case of the Sessional Committee on County Public Accounts and Investments, which under Standing Order 212 of our Standing Orders has special requirements relating to the election of its chairperson. The electronic version of the Senate Hansard Report is for information purposes"
}