PART XV - VOTING AND DIVISIONS

Voting in the Assembly

79. (1) Unless otherwise provided under the Constitution, a question arising in the

Assembly shall be decided by a majority of the members in the Assembly, present and voting.

(2) In ascertaining the results on a question under paragraph (1), the Speaker shall, in

the first instance, collect the voices of the “Ayes” and the “Nays” and shall declare the results accordingly.

(3) On a question proposed for a decision in the Assembly, the Speaker has no vote.

(2) In determining the number of Members of the Assembly for the purpose of voting, the Speaker shall not be counted as a Member.

Electronic voting

80. (1) Unless the Speaker, for the convenience of the Assembly otherwise directs, voting

on a division in the Assembly shall be by electronic voting.

(2) When the Speaker directs that an electronic voting to be taken, the Division Bell shall be rung for not more than ten minutes and the Assembly shall proceed to a vote at the expiry of the five minutes, or such further time as the Speaker may, for the convenience of the Assembly, direct.

(3) During electronic voting, Members shall cast their votes by pressing either the “Yes”,” No” or “Abstain” button.

(4) At the expiry of five minutes or as soon as the result of the voting appears on the indicator board, the Speaker or the Chairperson, as the case may be, shall announce the results of the division forthwith.

(5) A Member who is not able to cast his or her vote due to any reason considered sufficient by the Speaker, may before the result of the division is announced and after obtaining the permission of the Speaker, have his or her vote recorded verbally by stating whether he or she is in favour of or against the Question.

(6) Where the presiding officer has an original vote, the presiding officer shall cast his or her vote from the Chair.

(7) Any member present in the Assembly but who shall not have voted at the expiry of five minutes or after the announcing of the results, whichever is earlier, shall forfeit the right to vote and shall be deemed to have abstained from voting.

Technical failure, confusion or error occurring

81. In the event of a technical failure, confusion or error occurring in the course of voting

which in the opinion of the Speaker cannot otherwise be corrected, the Speaker may direct the Assembly to another round of electronic voting or proceed to a roll call voting.

Roll call Division claimed

82. (1) The Speaker shall direct a roll call vote to be taken if a Member claims a division

and-

(a) the Speaker considers that there is a reasonable doubt as to the outcome of the vote in question; or

(b) if, on a Question other than a question of procedure, five or more Members rise in their places to support the Member claiming the roll call division.

(2) The Speaker shall direct a division to be taken in every instance where the Constitution lays down that a fixed majority is necessary to decide any Question.

Roll call voting

83. (1) When the Speaker directs a roll call voting to be taken, the Division Bell shall be rung

for ten minutes.

(2) The names of one teller for the “Ayes” and one teller for the “Nays” shall be submitted to the Speaker and the Speaker shall direct the tellers to take seats at a designated place.

(3) At the end of ten minutes, the Speaker shall direct the doors to be locked and the Bar drawn and no member shall thereafter enter or leave the Assembly until after the roll call vote has been taken.

(4) When the doors have been locked and the Bar drawn and the names of the tellers have been announced, the Speaker shall put the Question again and direct the Clerk to call out the names of Members in alphabetical order in the presence of the tellers.

(5) When called out, each Member shall, thereupon rise in his or her place and declare assent or dissent to the Question in the following manner “I vote Yes” or “I vote No” or “I Abstain” or use appropriate Kenyan sign language.

(6) After the Clerk has read the last name in the Division list, the tellers shall present the result of the roll call vote to the Speaker who shall thereupon announce the result of the vote to the Assembly.

In case of confusion or error

84. In case of confusion or error occurring in the course of a roll call voting concerning the

numbers or names recorded, which cannot otherwise be corrected, the Speaker shall direct the Assembly to proceed to another roll call vote.

Errors corrected

85. If, after a roll call vote has been made, it is discovered that the number has been

inaccurately reported or that an error has occurred in the names on the division lists, the fact shall be reported to the Assembly and the Speaker shall direct that the necessary corrections be made.

Decorum during division

86. (1) No member shall be obliged to vote in a division, but those present and not voting

shall either-

a) in the case of electronic voting, press the “Abstain” button; or

b) in the case of roll call voting, record their abstention with the clerk.

(2) it shall be disorderly conduct for a Member to fail to record his or her abstention in

a division.

(3) A member shall not vote on any Question in which the member has a pecuniary

interest.

(4) During division, members shall maintain order in the Assembly and shall be in their designated seats and must remain seated until the result is announced.