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    "id": 781366,
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    "content": "Hon. Senators, upon receipt of this correspondence, I have extensively perused Standing Order No.20(1), (4), (5) and (6) which I will quote provides as follows----. Standing Order 20 says: (1) The second largest party or coalition parties in the Senate shall be the Minority Party and shall elect- (a) a Senator belonging to the party or coalition of parties to be the Senate Minority Leader; Hon. Senators, in the present Senate, following the advice of the Registrar of Political Parties by letter dated 12th September, 2017, reference RPPELE/3 Vol.2, the Minority party in this Senate is the NASA coalition consisting of the following parties; (a) the Orange Democratic Movement Party. (b) the Wiper Democratic Movement Party, Kenya (c) Ford-Kenya (d) Amani National Congress and (e) Chama Cha Mashinani. The foregoing is sufficient to show that the Minority Party, for all purposes of the Senate is the NASA coalition consisting of the named constituent parties. Hon. Senators, by a letter dated 16th November, 2017, Ref./NASA/Admin 45/19c under the hand of Mr. Norman Magaya; Chief Executive Officer, NASA, informed my office that Sen. Wetangula had been elected as the Senate Minority Leader. Minutes of the meeting of the NASA Parliamentary group leadership held at Wiper House on Tuesday 2nd November, 2017, which arrived at this decision were attached. Hon. Senators, I now wish to draw your attention to Standing Order 20(4) which provides as follows:- “A senator elected under paragraph (1), may be removed by a majority of the votes of all the Senators belonging to the Minority Party.” Hon. Senators, accompanying Sen. Mutula Kilonzo Jnr.’s letter are minutes of the first Senate ODM parliamentary group meeting held on 14th March, 2018 at the Crown Plaza Hotel in Nairobi between 12.30 p.m. and 2.00 p.m. In attendance are shown, 15 Members of the ODM Party with five others listed as Absent with apologies. Under Minutes 214/3/2018 titled ‘Review of the Senate Minority Leadership and under Paragraph (5) thereof, it is indicated as follows. “Senators resolved to remove the current Minority Leader Sen. Wetangula in accordance with the Senate Standing Order 20(4) and to replace him with Sen. James Orengo. Further attached to these minutes are the signatures of 16 senators subscribing to the resolution to remove Sen. Moses Masika Wetangula and appoint Sen. James Orengo as the new Senate Minority Leader with immediate effect. In this respect, the questions which I must determine are whether this was a proper meeting within the meaning of Standing Order 20(4) and whether therefore the resolution can properly be said to have been carried. Additionally, if the answers to these two questions are to the affirmative, I will have to determine when the resolution takes effect. 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."
}