Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 969562,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/969562/?format=api",
    "text_counter": 104,
    "type": "speech",
    "speaker_name": "Mr. Njoroge Nani Mungai",
    "speaker_title": "",
    "speaker": null,
    "content": "“where an Act or proceeding is directed or allowed to be done or taken on a certain day, then if that day happens to be an excluded day the act of proceedings shall be considered done on the next day following.” The word there is ‘excluded.’ The Act itself does not define what excluded means and we have very able lawyers here will tell you that when it comes to statutory interpretation, if the definition is not provided in statute then you take its ordinary English meaning and excluded has been defined by the dictionary to mean--- It is my submission that time does not run for the Senate between the 6th of December and the 11th of February. There is a proviso when it comes to the calendar of this House. The proviso is in Standing Order 30 which provides that there can be special sittings of the Senate. Specifically Standing Order 30 (5) provides:- “Whenever the Senate meets for a special sitting under paragraph (1), the Speaker shall specify the business to be transacted on the day or days appointed and the business specified shall be the only business before the Senate during the special sitting, following which the Senate shall stand adjourned until the day appointed in the Senate calendar.” The proviso is that time will stop, but it can be restarted by the Speaker calling a special sitting. The question is not whether there are 28 days. Time runs only within the dates that the Speaker picks for the special sitting. That is what the Standing Orders states. Once you have designated a date that is when time starts to run. When you look at that you will find that the county assembly notice to the Senate could not be acted upon. The County Assembly’s Notice to the Senate could not have been acted upon until there was a special sitting. It is, therefore, my humble submission that these proceedings are actually well within time. Before I go to that, the question of time not running is not unusual. The High Court is usually on vacation from the 21st of December until the 6th of January. During that period, time does not run; so, this is not an unusual provision. However, if this House is to find that, indeed, you are out of time, the question will be whether you have power to extend."
}