PART XIII - SPECIAL MOTIONS

Definition of Special Motion

63. (1) For purposes of this Part, a Special Motion is one –

(a) that seeks a resolution of the County Assembly to

(i) approve an appointment or re-appointment in accordance with Part XI (Approval of Public Appointments); or

(ii) remove from office a Deputy Governor,

(b) Moved pursuant to any of the following Sections of the County Government Act, 2012 –

(i) Section 33 (Removal of a Governor);

(ii) Section 40(2) (Removal of Member of the County Executive Committee);

(iii) Section 8 (1) (d) (Borrowing by Counties);

(c) Moved pursuant to Section 11 of the County Governments Act (Removal of Speaker from Office) and Section 21(3) of the Elections Act (Election of Assembly Speaker).

(2) Unless the Constitution, any written law or these Standing Orders specify a lesser or further period

(a) a notice of a Special motion shall be;

(i) disposed of by the Speaker within seven days of receipt of notice from a member under paragraph (2); and,

(ii) given by the member within seven sitting days following the approval of the Speaker.

(b) A Special motion shall be disposed of by the Assembly within fourteen calendar days upon the notice.

(3) If a proposer of a special motion fails to observe the timelines prescribed under paragraph 2(a)(ii) or 2(b) of this Standing Order, such notice of motion or motion shall be deemed to have been withdrawn and shall not be moved again in the same Session, except with the consent of the Speaker.

(4) In instances where the law provides for a fixed majority;

(a) In every instance where the law lays down that a fixed number of members is

necessary to support the moving of, or to decide any question on a motion, any amendment motion to such motion shall not be passed unless supported by the fixed number of members required to pass the original motion.

(b) Notwithstanding paragraph (1), whenever a Bill or a special Motion the passage

of which requires a special majority in the Assembly fails to obtain the required majority and the vote results in a majority of the ´Aye but the ´Nays have not numbered at least one third of all the Members of the Assembly, the Speaker may, direct that a further vote be taken on the particular question, and the further vote shall be taken within five sitting days from the day the first vote was taken.

(c) If the Speaker does not so direct any further vote, or if on such further vote the

fixed majority is not obtained, the Speaker shall declare that the Motion is negatived.

(d) The provisions of this Standing Order shall not apply to a vote taken on a motion for removal of a person from office.