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{
    "id": 976577,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/976577/?format=api",
    "text_counter": 11,
    "type": "speech",
    "speaker_name": "Hon. Lusaka",
    "speaker_title": "The Speaker",
    "speaker": null,
    "content": "to the transfer of the functions of the Nairobi City County Government to the national Government. Consequently, the directions were issued from the Chair that the Standing Committee on Devolution and Intergovernmental Relations jointly with the Standing Committee on Justice, Legal Affairs and Human Rights- (1) convene hearings on the matter and receive submission from the various constitutional and statutory office holders; (2) submits an interim report to the House within 21 days on the constitutional, legal and procedural issues arising, highlighting legal statutory or constitutional gaps; (3) conducts public participation on the matter after the submission of the interim report; and, (4) submits a comprehensive report to the Senate within 60 days with proposed legislative amendments to improve the existing legal framework on the transfer of functions between the two levels of government and to give clarity on the same. Hon. Senators, it was on this basis that on Thursday, 27th February, 2020, The Senate Minority Leader rose on a point of order seeking clarification on, among others, the directions that referred the matter to the two Standing Committees. The Senate Minority Leader, while observing that these directions had been made in the exercise of the discretional powers of the Chair under Standing Order No.1, stated that in the practice of the Senate, a Motion for Adjournment under Standing Order No.34 does not usually result in such directions. He further stated that the Motion before the Senate was: “THAT the Senate do now adjourn.” Therefore, any resolution or direction made the Motion for Adjournment would go beyond the scope of an Adjournment Motion, which was to adjourn the House for the purpose of discussing a definite matter of urgent national importance. Sen. Poghisio and Sen. Olekina also rose in support of the point of order by the Senate Minority Leader. Having listened to the request by the Senate Minority Leader and the contributions of the two Senators, I undertook to give a ruling today, Tuesday, 3rd March, 2020. I further directed that in the meantime, the Committees do not proceed in the manner directed on Wednesday, 26th February, 2020. Hon. Senators, the question that requires my determination is whether any action or directions can ensue from a Motion for Adjournment. Hon. Senators, Standing Order No.34(1) provides that a Senator may at any time rise in his or her place and seek leave for reasons stated to move the adjournment of the Senate for the purpose of discussing a definite matter of urgent national importance. Paragraph (2) further requires that a Senator who wishes to seek leave to move the Motion for Adjournment of the Senate to hand to the Speaker a written notification of the matter, after which the Speaker being satisfied that the matter is definite, urgent and of national importance, may approve the matter. Paragraph (3) of the Standing Order No.34 states that the Motion to be moved shall be: 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."
}