PART XXIII - PUBLIC PETITIONS

Meaning of Petition

208. For purposes of this Part a Petition means a written prayer to the Assembly by a member of the public requesting the Assembly to consider any matter within its authority, including enacting, amending or repealing any legislation.

Submission of a Petition

209. (1) A petition to the Assembly shall be-

(a) submitted to the Clerk by the petitioner and reported to the Assembly by the Speaker; or

(b) presented by a Member on behalf of a petitioner, with the consent of the Speaker.

(2) Notwithstanding paragraph (1) (b), a Member shall not be eligible to present a Petition on his own behalf.

(3) The Clerk shall, within seven days of the date of receipt of the Petition, review the Petition to ascertain whether the Petition meets the requirements of these Standing Orders and of the law.

(4) Where the Clerk considers that a petition does not comply with paragraph (3), the Clerk may give such directions as are necessary to ensure that the Petition is amended to comply with that paragraph.

(5) The Clerk shall, if satisfied that the Petition meets the requirements under paragraph (3), forward the Petition to the Speaker for Tabling in the Assembly.

Petition on Private Bill

210. A Petition on a private Bill shall be dealt with in accordance with Part XX (Private

Bills) of these Standing Orders.

Notice of intention to present Petition

211. A Member shall give to the Clerk two sitting days’ notice of intention to present a Petition and the Clerk shall examine such Petition and ensure that the Petition is presented in the manner, form and content required by these Standing Orders.

Form of Petition

212. A Petition shall be in the form set out in the Third Schedule and shall-

(a) be handwritten, printed or typed;

(b) be in English or Kiswahili and be written in respectful, decorous and temperate language;

(c) be free of alterations and interlineations in its text;

(d) be addressed to the Assembly;

(e) have its subject-matter indicated on every sheet if it consists of more than one sheet;

(f) indicate whether any efforts have been made to have the matter addressed by a relevant body and whether there has been any response from that body or whether the response has been unsatisfactory;

(g) indicate whether the issues in respect of which the Petition is made are pending before any court of law or other constitutional or legal body.;

(h) conclude with a clear, proper and respectful prayer, reciting the definite object of the petitioner or petitioners in regard to the matter to which it relates;

(i) subject to paragraph (m), contain the names, addresses, identification numbers, signature or a thumb impression of the petitioner or of every petitioner, where there is more than one petitioner;

(j) contain only signatures or thumb impressions, as the case may be, and addresses and identification numbers written directly onto the Petition and not pasted thereon or otherwise transferred to it;

(k) not have any letters, affidavits or other documents annexed to it unless the Petition relates to a Bill;

(l) in the case of a Petition presented by a Member on behalf of a petitioner, be countersigned by the Member presenting it; and

(m) be signed by the petitioner or if the petitioner is unable to sign, by a witness in whose presence the petitioner shall make his or her mark on the Petition.

Time for Petitions

213. The total time on the Order “Petitions” shall not exceed thirty minutes.

Presentation of Petitions

214. (1) A schedule of Petitions to be presented or reported to the Assembly on a sitting

day may be appended to the Order Paper of the Day in the order that they shall be presented or reported.

(2) When the Order “Petitions” is read, the Speaker shall-

(a) in case of a Petition presented by a Member, direct that the Member to present the Petition to the Assembly or;

(b) in case of a Petition presented through the Clerk, report the Petition to the Assembly;

(3) The Member presenting the Petition shall read such Petition but shall confine himself or herself to the subject of the prayer, the material allegations therein and the number of signatures attached.

(4) A Member having presented a Petition shall, without question put, lay the Petition on the Table of the Assembly;

(5) A Member presenting a Petition shall not speak for more than five minutes, unless with permission of the Speaker.

Comments on petitions

215. The Speaker may allow comments, observations or clarifications in relation to a Petition presented or reported and such total time shall not exceed thirty minutes.

Committal of Petitions

216. (1) Every Petition presented or reported pursuant to this Part, shall stand committed

to the relevant sectoral committee.

(2) Whenever a Petition is committed to a sectoral committee, the committee shall, in not more than sixty calendar days from the time of reading the prayer, respond to the petitioner by way of a report addressed to the petitioner or petitioners and laid on the Table of the Assembly and no debate on or in relation to the report shall be allowed, but the Speaker may, in exceptional circumstances, allow comments or observations in relation to the Petitions for not more than twenty minutes.

(3) The Clerk shall, within fifteen days of the decision of the Assembly, in writing, notify the petitioner of the decision of the Assembly on the petition.

Copies of responses

217. The Clerk shall forward copies of responses received under Standing Order 216 (Committal of Petitions) to the petitioner or petitioners.

Register of Petitions

218. (1) The Clerk shall keep and maintain a register in which shall be recorded all

Petitions and supporting documents, and the decisions of the Assembly.

(2) The register of Petitions under sub section (1) shall be accessible to the public during working hours.