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    "id": 754616,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/754616/?format=api",
    "text_counter": 91,
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    "content": "Integrity. However, the question that Sen. Orengo has asked is whether the Clerk, in this case the presiding officer for the purpose of the election, is satisfied that the persons who have been put forward for elections, have been nominated and will, therefore, appear on the ballot paper, are eligible in terms of Chapter Six on Leadership and Integrity. It is instructive to note that this Chapter applies equally to State officers. It is not different in respect of a Member of Parliament (MP), other State officers or constitutional office holders; it applies equally. That is an important point that we need to observe. Sen. (Prof.) Kithure Kindiki, as I have it, has urged that the matter is governed by the Constitution and that because there are specific provisions of the Constitution, we need to proceed by those. A matter of eligibility or ineligibility would need to be exhausted in the judicial process and a person be held to be ineligible only on account of having been convicted and even so, exhausted the process of appeal. Sen. Mutula Kilonzo Jnr. has drawn our attention to a report in which certain recommendations were made. I think I will spend a minute or so, on that position just to bring to the attention of this Senate the nature and significance of the report which Sen. Mutula Kilonzo Jnr. has drawn the attention of the Chair to. This was a report of the Senate Standing Committee on Finance, Commerce and Budget on a Petition by residents of Bungoma County. The manner of disposal of a petition is provided for under our Standing Orders, specifically Standing Order No.226 which provides that every Petition presented or reported stands committed to the relevant Standing Committee which is why it was committed to them. They are required in not more than 60 days from the reading of the prayer to respond to the petitioner by way of a report addressed to the petitioner(s) and laid on the Table of the Senate, and no debate on or in relation to the report shall be allowed but the Speaker may allow comments or observations in relation to the Petition for not more than 30 minutes. It is therefore important to understand that a report on a petition is not adopted by the House. So, the insinuation that this report was adopted by the Senate is not correct. The Senate does not adopt reports on petitions. Reports on petitions are addressed to petitioners and only observations are made thereon. So, we do not have a report adopted by the Senate in the terms that were stipulated. Sen. Linturi referred us to Article 50; basically that there ought to be due process and that no person be condemned without having exhausted the process. We were similarly urged by Sen. Mwaura on the matter of fair administrative action. According to Sen. Murkomen on the matter of the qualifications being stipulated and that if specific stipulations such as a requirement for certain clearances were required, nothing would have been easier than to provide so specifically and also the matter of presumption of innocence. Sen. Seneta talked about the issue of procedure and the independent institutions. Hon. Senators, taking one thing with another, the provisions on the election of the Speaker and the qualification thereon are set out at Article 106 of the Constitution which provides as follows:- “(1) There shall be— (a) a Speaker for each House of Parliament, who shall be elected by that House in accordance with the Standing Orders, from among persons who are qualified to be elected as members of Parliament but are not such members;”"
}