PART XVI - RULES OF DEBATE

PART XVI - RULES OF DEBATE

Proceedings to be in Kiswahili, English or Kenyan Sign Language

87. (1) All proceedings of the Assembly shall be conducted in Kiswahili, English or in

Kenyan Sign Language.

(2) A member who begins a speech in any of the languages provided for under paragraph (1) shall continue in the same language until the conclusion of the member’s speech.

Members to address the Speaker

88. Every member desiring to speak shall address a request to the Speaker.

Two or more Members requesting to speak

89. If two or more members request to speak at the same time, the member called upon

by the Speaker shall be entitled to speak.

Speeches may not be read

90. (1) No member shall read a speech but a member may read short extracts from written

and printed papers in support of an argument and may refresh memory by reference to notes.

(2) The Speaker may allow a member to read a speech in particular cases where the

Speaker is satisfied that this is necessary for precision in statement of facts.

No Member to speak after Question put

91. No member shall speak to any Question after the same has been put by the Speaker.

Speaking twice to a Question

92. (1) No member shall speak more than once to a Question except in Committee of the

Whole Assembly.

(2) Despite paragraph (1)-

(a) a member who has spoken on a Question may again be heard to offer explanation of some material part of the member’s speech which has been misunderstood but must not introduce new matter;

(b) a reply shall be allowed to a member who has moved a substantive Motion but not to a member who has moved an amendment.

(3) The mover of a substantive Motion may surrender all or part of his or her right to

reply to another member or members nominated by him or her who has not already spoken to such Motion.

Points of Order

93. (1) Any member may raise a point of order at any time during the speech of another

Member, stating that the member rises on a point of order and that member shall be required to indicate the Standing Order upon which the point of order is based.

(2) When a Member raises a point of order during the speech of another member, the Member who was speaking shall thereupon resume his or her seat and the Member raising the point of order shall do likewise when he or she has concluded his or her submission, but no other Member may, except by leave of the Speaker, speak on the point of order.

(3) The Speaker shall either give a decision on the point of order forthwith or announce that the decision is deferred for consideration after which the Member who was speaking at the time the point of order was raised may continue to speak.

(4) The Speaker or the Chairperson shall order any Member who unnecessarily and persistently interrupts proceedings or consults loudly and disruptively to withdraw from the Chamber and Standing Order 117 (Grossly disorderly conduct) shall apply to any such Member.

Personal Statements

94. By the indulgence of the Assembly, a member may explain matters of a personal nature

although there is no question before the Assembly, but such matter may not be debated.

Anticipating debate

95. (1) It shall be out of order to anticipate the debate of a Bill which has been published as

such in the Gazette by discussion upon a substantive Motion or an amendment, or by raising the subject matter of the Bill upon a Motion for the adjournment of the Assembly.

(2) It shall be out of order to anticipate the debate of a Motion of which notice has been given by discussion upon a substantive Motion or an amendment, or by raising the same subject matter upon a Motion of the adjournment of the Assembly.

(3) In determining whether a debate is out of order on the grounds of anticipation, regard shall be had to the probability of the matter anticipated being brought before the Assembly within a reasonable time.

Proceedings of Select Committees not to be referred to

96. No member shall refer to the substance of the proceedings of a Select Committee before the Committee has made its report to the Assembly.

Contents of speeches

97. (1) Neither the personal conduct of the Governor, nor the conduct of the Speaker or of

any judge, nor the judicial conduct of any other person performing judicial functions, nor any conduct of the Head of State or Government or the representative in Kenya of any friendly country or the conduct of the holder of an office whose removal from such office is dependent upon a decision of the Assembly shall be referred to adversely, except upon a specific substantive Motion of which at least three days’ notice has been given.

(2) It shall be out of order to introduce an argument on any specific question upon

which the Assembly has taken a decision during the same Session, except upon a Motion to rescind that decision made with the permission of the Speaker.

(3) It shall be out of order to use offensive or insulting language whether in respect of

members of the Assembly or other persons.

(4) No member shall impute improper motive to any other member except upon a specific substantive Motion of which at least three days’ notice has been given, calling in question the conduct of that member.

(5) It shall be out of order for a member to criticize or call to question, the proceedings in Parliament or another Assembly or the Speaker’s Ruling in Parliament or another Assembly but any debate may be allowed on the structures and roles of Parliament or another Assembly.

Retraction and Apologies

98. A member who has used exceptionable words and declines to explain and retract the words or to offer apologies for the use of the words to the satisfaction of the Speaker shall be deemed to be disorderly and shall be dealt with in accordance with the rules pertaining to disorderly conduct.

Matters sub judice or secret

99. (1) Subject to paragraph (5), no member shall refer to any particular matter which is

sub judice or which, by the operation of any written law, is secret.

(2) A matter shall be considered to be sub judice when it refers to active criminal or civil proceedings and the discussion of such matter is likely to prejudice its fair determination.

(3) In determining whether a criminal or civil proceeding is active, the following shall apply-

(a) criminal proceedings shall be deemed to be active when a charge has been made or a summons to appear has been issued;

(b) criminal proceedings shall be deemed to have ceased to be active when they are concluded by verdict and sentence or discontinuance;

(c) civil proceedings shall be deemed to be active when arrangements for hearing, such as setting down a case for trial, have been made, until the proceedings are ended by judgment or discontinuance;

(d) appellate proceedings whether criminal or civil shall be deemed to be active from the time when they are commenced by application for leave to appeal or by notice of appeal until the proceedings are ended by judgment or discontinuance.

(4) A Member alleging that a matter is sub judice shall provide evidence to show that paragraphs (2) and (3) are applicable.

(2) Notwithstanding this Standing Order, the Speaker may allow reference to any matter before the Assembly or a Committee.

Declaration of interest

100. (1) A member who wishes to speak on any matter in which the Member has a personal

interest shall first declare that interest.

(2) Personal interests include pecuniary interest, proprietary interest, personal

relationships and business relationships.

Responsibility for statement of fact

101. (1) A Member shall be responsible for the accuracy of any facts which the Member

alleges to be true and may be required to substantiate any such facts instantly.

(2) If a Member has sufficient reason to convince the Speaker that the Member is unable to substantiate the allegations instantly, the Speaker shall require that such Member substantiates the allegations not later than the next sitting day, failure to which the Member shall be deemed to be disorderly within the meaning of Standing Order 117 (Grossly disorderly conduct) unless the Member withdraws the allegations and gives a suitable apology, if the Speaker so requires.

Member who has spoken to question may speak to amendment

102. Where an amendment has been moved, and if necessary seconded, any Member who

has already spoken to the main question may speak to the amendment, and any Member who has not spoken to the main question but speaks to the amendment does not thereby forfeit the right to speak to the main question.

Debate on amendment confined to amendment

103. (1) Where an amendment has been moved, and if necessary seconded, debate shall be

confined to the amendment.

(2) Despite paragraph (1), the Speaker may direct that the debate on the amendment may include debate on the matter of the Motion where, in the Speaker’s opinion, the matter of the amendment is not conveniently severable from the matter of the Motion.

(3) Where the Speaker issues directions under paragraph (2), a Member who speaks to the amendment shall not be entitled, after the amendment has been disposed of, to speak to the Motion, and any Member who has already spoken to the Motion may in speaking to the amendment, speak only to any new matter raised thereby.

Reserving rights of speech

104. Upon a Motion, other than a Motion by way of amendment to a question proposed by the Speaker, a Member may second by rising in his or her place and signifying acquiescence by bowing the head, without speaking, and such Member shall there by reserve the same rights of speech as the Member would have had if some other Member had seconded such Motion.

Closure of debate

105. (1) After the Question on a Motion, the mover of which has a right of reply has beenproposed, a Member rising in his or her place may claim to move “That, the mover be now called upon to reply”, and, unless the Speaker is of the opinion that such Motion is an abuse of the proceedings of the Assembly, or an infringement of the rights of Members, the question “That, the mover be now called upon to reply”, shall be put forthwith, and decided without amendment or debate and if that question is agreed to, the mover may, immediately reply to the debate, and as soon as the mover has concluded or, if the mover does not wish to reply, immediately, the Speaker shall put the question, subject to paragraph 3 of Standing Order 55 (Manner of debating Motions).

(2) After the question on a Motion the mover of which has no right of reply has been proposed, a Member rising in his or her place may claim to move “That, the question be now put”, and, unless the Speaker is of the opinion that such a Motion is an abuse of the proceedings of the Assembly, or an infringement of the rights of Members, the question “That, the question be now put”, shall be put forthwith, and decided without amendment or debate and if that question is agreed to, the Speaker shall immediately put the question accordingly, subject to paragraph 3 of Standing Order 55 (Manner of debating Motions).

Adjournment of debate

106. (1) A Member who wishes to postpone to some future occasion the further discussionof a question which has been proposed from the Chair may claim to move “That, the debate be now adjourned”, or, in Committee of the whole Assembly “That, the Chairperson do report progress”.

(2) The debate on a dilatory Motion shall be confined to the matter of the Motion.

(3) If the Speaker is of the opinion that a dilatory Motion is an abuse of the proceedings of the Assembly, the Speaker may forthwith put the Question thereon or decline to propose it.

(4) A Member who has moved or seconded a dilatory Motion which has been negatived may no