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{
    "id": 969558,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/969558/?format=api",
    "text_counter": 100,
    "type": "speech",
    "speaker_name": "Mr. Njoroge Nani Mungai",
    "speaker_title": "",
    "speaker": null,
    "content": "The Governor was similarly required under Rule 6 to have presented his documents by the same time. There would have been absolutely no opportunity for the County Assembly to file documents in response to the preliminary objections because it came long after the time that was required for filing. So, that argument does not fly. Now, the documents that the County Assembly is required to file when a resolution is passed at the County Assembly are set out in Section 33 of the County Governments Act and what is required is that the Speaker of the County Assembly is required to notify; to give notice to the Speaker of the Senate of the passing of the resolution. My learned friend, Mr. Njenga said that the notice that came to the Senate was accompanied by the Notice of Motion as well as documentation; that is correct. He then asked, where was the list of the Members? There is no requirement in law, in the Standing Orders or in the rules to provide a list of the Members who voted and he did not cite any such requirement. He then went on to give analogies and said that when you have elections, certain elections require thresholds. What I was waiting for him to say is to cite for us any instance in any of the elective offices in this country where the list of voters is required. If you are electing the President, do you have a list of all the voters sent by the Independent Electoral and Boundaries Commission (IEBC)? It is not the case, you do not send the list and so, there is no such requirement. The question then arises, are you required to satisfy yourself that there was a proper resolution? In my humble submission, the only requirement is for you to receive a notification from the Speaker and the only time you would be required to inquire into the impropriety is if there had been evidence filed on time that would cast doubts as to what was in the resolution and there is no such evidence. When it comes to the question of the quorum, as I had submitted earlier and I wish to repeat, the Standing Orders of Kiambu County make a provision to ensure that if there is any doubt as to whether there are enough Members; whether the Members’ votes were correctly recorded, there is a procedure under the Standing Orders for specifically that purpose and the procedure is set out in Rules 98 and 99. Rule 98 refers to an error that is noticed when the County Assembly is on the Floor. It says:- “In the case of confusion or an error occurring in the cause of a roll call concerning the number or names recorded which cannot otherwise be corrected, the Speaker shall direct the assembly to proceed to another roll call.”"
}