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{
"id": 993041,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/993041/?format=api",
"text_counter": 12,
"type": "speech",
"speaker_name": "Hon. Lusaka",
"speaker_title": "The Speaker",
"speaker": null,
"content": "(b)if to continue holding sittings, whether these are to be held physically or virtually; (c)if to meet physically, how to ensure that the appropriate protocols relating to personal protective equipment, hygiene and social distancing are observed; (d)if to meet virtually, how to utilize appropriate technology to ensure safe and seamless transaction of business; (e)the frequency of meetings and the nature of business is to be transacted; and, (f)how to protect the sanctity of each legislator's vote. In our Parliament, to allow for the continuation of parliamentary business within the Kenya’s COVID-19 containment guidelines, on 13th March, 2020, at the onset of the pandemic, jointly with my brother; the Speaker of the National Assembly, we issued a set of Guidelines to all Members of Parliament and staff of Parliament. As no two legislatures or even two chambers of the same legislature are exactly the same in their circumstances, thereafter, on 2nd April, 2020, the Speaker of the National Assembly issued further guidelines for the conduct of business in the National Assembly; and on 17th April, 2020, I issued further guidelines to all Senators and staff of the Senate, which contain the voting guidelines that are the subject matter of this Ruling. How each Parliament or House of Parliament responds to the COVID-19 situation has depended on a multiplicity of factors, including the Constitution and the laws of the country, the mandate of the different Houses, the prevailing public health situation in the country, containment measures imposed by the Executive Arm, the number of legislators and the available infrastructure. Speakers or presiding officers of legislatures have had to, in the first instance, take leadership acting as agents of necessity to offer practical and pragmatic interim soultions, to enable the continuity of business until the full legislative body through its appropriate organs can define the way forward. For jurisdictions such as ours, the versatility of Standing Order No.1 or its equivalent has been powerfully manifested. Standing Order No.1 was clearly designed to ensure that no situation arises where the business of Parliament stalls or its conduct is rendered impractical for the reason only that a situation was never envisaged or contemplated, and accordingly, no express provision was made in the Standing Orders on how Parliament would proceed in such event. It empowers the Speaker to step into such a breach and determine a procedure based on the Constitution, statute law and the usages, forms, precedents, customs, procedures and traditions of the Parliament of Kenya and other jurisdictions to the extent that these are applicable to Kenya. A sampling of action taken by legislatures around the world reveals a mixture of interventions unique to the circumstances of those jurisdictions. Jurisdictions such as Spain, Brazil, Norway and Finland have all allowed for remote sittings. Others such as Poland, Mongolia, Belgium, Greece, Romania, Portugal and the European Union Parliament have a hybrid of both virtual and physical sittings, where only a small percentage of Members attend chamber, so as to ensure appropriate social distancing. Others such as Croatia, Luxembourg and France have limited the number of meetings and the kind of business to be transacted. 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."
}