PART I – INTRODUCTION

(1) In all cases where matters are not expressly provided for by these Standing Orders or by other Orders of the Assembly, any procedural question shall be decided by the Speaker.

(2) The decisions made in paragraph (1) shall be based on the Constitution of Kenya, statute law, the usages, forms, precedents, customs, procedures and traditions of the Assembly, the Parliament of Kenya and legislative assemblies from other jurisdictions to the extent the same may be applicable to this Assembly.

Interpretation

2.(1) In these Standing Orders-

(a) Unless the context otherwise requires-

“Assembly Party” means a party or a coalition of parties consisting of not less than five percent of the membership of the Assembly;

“Clerk” means the Clerk of the Assembly, or, if the Clerk is absent, or if the office is vacant, such other person as is for the time being performing the duties of the Clerk;

“Coalition” means an alliance of two or more political parties formed for the purpose of pursuing a common goal and is governed by a written agreement deposited with the Registrar of Political Parties;

“Governor” means the Governor of the County of Murang’a in the Republic of Kenya elected in accordance with Article 180 of the Constitution and includes the Deputy-Governor when acting as Governor and any other person who for the time being performs the functions of the Governor pursuant to article 182(4) of the Constitution;

“Leave of the Assembly” means there being no objection by any Member, either with the sympathy of the Speaker or with the support of at least two other Members;

“Leader of the Majority Party” means the person who is the leader in the Assembly or the Deputy Leader of the largest party or coalition of parties under Standing Order 20;

“Leader of the Minority Party” means the person who is the leader in the Assembly or the Deputy Leader of the second largest party or coalition of parties under Standing Order 21;

“Majority Party” means the largest party or coalition of parties in the Assembly as officially declared by the Registrar of Political Parties;

“Majority Whip” means the Member designated as the Majority Whip or the designated deputy by the Leader of the Majority Party;

“Member” means a member of the County Assembly of Murang’a elected or nominated in accordance with Article 177(1) of the Constitution;

“Member of County Executive Committee” means a person appointed as a member of the county executive committee of Murang’a under Article 179(2) (b) of the Constitution;

“Minority Party” means the second largest party or coalition of parties in the Assembly as officially declared by the Registrar of Political Parties;

“Minority Whip” means the Member designated as the Minority Whip by the Leader of the Minority Party;

“Notice Paper” means the official schedule of business intended to be transacted by the Assembly during a particular week, published and circulated by the Clerk by order of the House Business and Rules Committee under Standing Order 40 (Order Paper to be prepared and circulated)

“Order Paper” means the paper showing the business to be placed before or taken by the Assembly on a particular day, published and circulated by the Clerk under Standing Order 40 (Order Paper to be prepared and circulated)

“Paper” means any printed or electronic material laid on the Table of the Assembly or a committee of the Assembly pursuant to any law or these Standing Orders or any other material as the Speaker may determine;

“Party Whip” means a Member designated by an Assembly party as its Party Whip for the purposes of the transaction of the business in the Assembly and includes the Majority Whip and the Minority Whip;

“Precincts of Assembly” includes the chamber of the Assembly, every part of the buildings in which the chambers are situated, the offices of Assembly, the galleries and places provided for the use and accommodation of Members of the Assembly, members of the public and representatives of the Press and any forecourt, yard, garden, enclosure or open space, appurtenant thereto and used or provided for the purposes of Assembly; where the House or any Committee of the Assembly convenes outside the premises ordinarily used for its sittings, whether virtually or physically, this Standing Orders shall apply in the same manner as if the premises where the House is sitting or any Committee of the Assembly were within the precincts of the Assembly:

“Private Bill” means any Bill, which is intended to affect or benefit some particular person, association or corporate body;

“Public Bill” means a Bill which is intended to affect the public generally, or a section of the public;

“Recess” means a period during which the Assembly stands adjourned to a day other than the next normal sitting day;

“Session” means the sittings of the Assembly commencing when it first meets after a General Election or on a day provided for in Standing Order 29(Regular Sessions of the Assembly) and terminating when the Assembly adjourns at the end of a calendar year or at the expiry of the term of the Assembly.

“Sitting” means a period during which the Assembly is sitting continuously without adjournment and includes any period during which the Assembly is in Committee; but two or more periods of sitting within the normal period of one sitting, or within an equivalent period, shall not rank as more than one sitting;

“Sitting day” means any day on which the Assembly sits;

(b) reference to the Chairperson of Committees includes the Speaker or Deputy Speaker when presiding over a committee of the whole Assembly, a member of the Speakers Panel or any other Member for the time being so presiding;

(c) reference to the Speaker includes the Deputy Speaker, any Member of the Speakers Panel or any other Member when presiding over the Assembly pursuant to Article 178(2) of the Constitution.

(2) In these Standing Orders, whenever a document is required to be provided or made available to Members, the document shall be considered to have been so provided or made available if placed in the Members pigeon holes or in such other manner as the Speaker may direct.

The Mace of The Assembly

3.(1) The Mace of the Assembly shall be present at all times when the Assembly is sitting and shall embody the authority of the Speaker and the Assembly.

(2) The Mace of the Assembly shall-

(a) form part of the Speaker’s procession whenever the Speaker is entering or leaving the Chamber;

(b) be positioned at a place designated for that purpose at all times whenever the Assembly is sitting, including the time when the Assembly is in Committee; and,

(c) be kept in safe custody by the Serjeant-at-Arms whenever the Assembly is not sitting.

(3) An attempt by any Member to remove the Mace of the Assembly from its place in the Chamber or to dispossess the Mace from the Serjeant-at-Arms during Speaker’s Procession or at any other time, shall be dealt with in accordance with Standing Order 117(Gross disorderly conduct).