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{
    "id": 865711,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/865711/?format=api",
    "text_counter": 291,
    "type": "speech",
    "speaker_name": "The Deputy Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "traditions of the Parliament of Kenya and other jurisdictions to the extent that these are applicable to Kenya.” Hon. Senators, the quoted Standing Order is very important and it is at the core of the performance of our constitutional and statutory duty as a Senate and it is no wonder that it is a standard or common feature in Standing Orders of many jurisdictions especially in the Commonwealth. The essence of Standing Order No. 1, is to provide a legitimate procedural window not only for the convenience of the House and interest of justice but also to ensure that the supervening responsibility of the Senate, as a House of Parliament, is not handicapped or constrained by its own rules. I think that some of the interveners yesterday did raise this aspect. In other words, Standing Order No. 1is intended to unshackle the House or set it free from processes that are not alive to unforeseen circumstances or realities. The net effect is to ensure that the House does not become a prisoner or captive of its own rules. Indeed, it is a safety valve providing an escape route for the Senate from a mechanical application of detailed rules in the Standing Orders to accomplish its mandate or greater good. It is my considered view that there is a hierarchy of norms within the Standing Orders whereby Standing Order No. 1 occupies a primary position and it empowers the House to wriggle out of specific Standing Orders for the purpose of ensuring that the greater or fundamental objective of justice, representation of the will of the people and other aspirations are achieved even if there could be other Standing Orders that either provide or inadequately allow such application. It is hence no wonder that the Standing Order appears at the beginning rather than at the end. Hon. Senators, the generic application or main thrust of the Standing Order is to cater for matters „not expressly provided for by these Standing Orders or by other Orders of the Senate.‟ The phrase that I have just quoted brings to mind a number of elements:- 1. There is a recognition that the Standing Orders that we use have not provided for everything and that is why Standing Order No. 1 says that:- “1. In all cases where matters are not expressly provided for by these Standing Orders or by other Orders of the Senate, any procedural question shall be decided by the Speaker.” 2. The gaps in the Standing Orders require supplementing by other Orders of the Senate. If you read that Standing Orders, it says:- “1. In all cases where matters are not expressly provided for by these Standing Orders or by other Orders of the Senate, any procedural question shall be decided by the Speaker.” This means that the Standing Orders are not the only source of procedural law for the House. There are what we call “other Orders of the Senate”. I may not have the time to explain this in detail but in future, we may have to reflect as a House on what are these other Orders of the Senate. In my view, these include orders that are routinely made in the routine work of Senate which we call in parliamentary parlance “sessional orders” as well as practices that we have developed over the years and any other Order pursuant to the Standing Orders made by a person, whether the Speaker or the Committee The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}