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"content": "When it is on the Table, it has a special significance. When it is removed, it has a special significance. In fact, I had pointed out to some of my colleagues that if the House would see it fit to adjourn even for half an hour or one hour, they would leave the mace here so that we do not get into these legal problems that we have got ourselves into; but now that we have got into this legal problem, I want to bring your attention to the Gazette Notice that convened the National Assembly and compare it to this Gazette Notice that convened a Special Sitting(s). I begin with the Gazette Notice of 16th December, 2016, signed by the Deputy Speaker of the National Assembly, Joyce Laboso on 13th December, 2016. The heading of that Gazette Notice No.103371 reads: - Constitution of Kenya, the National Assembly Standing Orders. It says “Special Sittings of the National Assembly.” The body of the Gazette Notice says:- “Pursuant to the provision of the Standing Orders and Order No.23 (3) of the National Assembly Standing Orders, it is notified for the information of Members of the National Assembly and the general public that two Special Sittings of the Assembly shall be held in the National Assembly Chamber.” It was not left to doubt. In fact, on that particular day, the first day there are two sittings although interrupted at some point. The Gazette Notice of 20th December, 2016, signed by the Speaker of the National Assembly reads:- “Pursuant to the provisions of Standing Order No.29 (3) of the Standing Orders of the National Assembly, it is notified for the information of the Member of the National Assembly and the general public that two Special Sittings of the Assembly shall be held in the National Assembly.” In fact, he gave even the time; the first sitting at 9.30 a.m. to 1.00 p.m. and the subsequent sitting at 2.30 p.m. and thereafter. Mr. Speaker, Sir, because of the problems they had run into in the first Special Sitting, they made a provision that the second sitting of the fourth Special Sitting will be until the end of business but before the end of the day. When we come to our own Gazette Notice, it says:- “Notice is given to all Senators that pursuant to Standing Order No. 29 of the Senate Standing Orders, on the request of the Senate Majority Leader and with the support of 15 Senators, I have appointed Wednesday for a Special Sitting”. It says “for a day” but for “a Special Sitting”. The Standing Orders thus make a distinction between a Special Sitting and a sitting day so that it is not a matter of conjecture. If I draw your attention to the definition of “a sitting”, it means a period during which the Senate is sitting continuously without adjournment. There is the emphasis; “continuously without adjournment” and includes any period during which the Senate is in Committee. Two or more periods of sitting within the normal period of one sitting or within an equivalent period shall not rank as more than one sitting. 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"
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