PART XXVII - GENERAL

Exemption of business from Standing Orders

238. (1) Subject to paragraphs (2) and (3), a Motion may, with the approval of the Speaker, be moved by any Member, either with or without notice that the proceedings on any specified business be exempted from the provisions of Part VI (Sitting and Adjournments of the Assembly), Part VIII (Order of Business), Part XVII (Limitation of Debate), Part XIX (Public Bills), Part XX (Private Bills),Part XVIII (Committee of the whole Assembly), Part XXII (Select Committees), Part XXIII (Public Petitions) and Part XXVI (Public Access to the Assembly and its Committees) of these Standing Orders:

(2) No Motion for the exemption of business from the Standing Orders shall be made to exempt any business from Standing Order 130(Publication) and Standing Order 131(Not more than one stage of a Bill to be taken at the same sitting).

(3) Not more than one Motion for the exemption of business from the Standing Orders may be moved at any one sitting, except with the leave of the Assembly.

(2) A Motion under this Standing Order shall state the object of or reason for the proposed exemption and-

(a) may be moved at any time and any other business then in progress may thereupon be interrupted;

(b) may not be amended without the consent of the mover.

Attendance before Parliament

239. (1) A request by Parliament that a Member, the Clerk, or an officer of the Assembly

attends before the Parliament to be examined or appears before any committee of the Parliament shall be by message from the Parliament requesting that the Assembly grant leave to such Member, Clerk or other officer to attend.

(2) If the Assembly grants leave under paragraph (1)-

(a) the Clerk or officer shall attend before the Parliament or the committee of the Parliament;

(b) the Member may, if the Member considers it fit to do so, attend before the Parliament or the committee of the Parliament.

(3) Except upon leave granted under paragraph (2), a Member, the Clerk or an officer may not, whether in person or by counsel, attend or appear before the Parliament or a Committee of Parliament in response to a summons or invitation, or send an answer in writing to such summons or invitation.

Failure to attend sittings

240. (1) If, during any Session, a Member is absent from eight sittings of the Assembly

without permission, in writing from the Speaker, the Speaker shall report the matter to the Assembly and the matter shall stand referred to the Committee of Privileges for hearing and determination.

(2) The Committee of Privileges shall inquire into a matter referred to it under paragraph (1) within fourteen days from the date the matter is referred to it and shall thereupon submit a report to the Assembly.

(3) If the report of the Committee finds that the Member has offered a satisfactory explanation for the Member’s absence from eight sittings of the Assembly without the permission in writing from the Speaker, there shall be no further proceedings in the Assembly in respect of the matter.

(4) If the report of the Committee finds that the Member has not offered a satisfactory explanation for the Member’s absence from eight sittings of the Assembly under paragraph (1), the Chairperson of the Committee or a Member of the Committee designated by the Committee for that purpose shall, upon submitting the report, give a three days’ notice of a Motion that, “This Assembly notes the Report of the Committee of Privileges laid on the Table of the Assembly on … regarding……”.with other necessary modification

(3) A Motion under paragraph (4) shall be debated in the usual manner of debating Motions, except that-

(a) no amendment shall be permitted to the Motion;

(b) the debate of the Motion shall not be anticipated by a Motion for the adjournment of the Assembly, and no dilatory Motion shall be moved in relation to the business, and the business shall not be interrupted under any Standing Order.

(6) At the conclusion of the debate on a Motion under paragraph (4), the Speaker shall not put a question but shall declare that, pursuant to Article 194 (1) (b) of the Constitution, the office of the Member concerned has become vacant.

Seating in the Chamber

241. (1) There shall be reserved seats in the Chamber of the Assembly for the exclusive

use of each of the following-

(a) the Chairperson of Committees;

(b) the Leader of the Majority Party;

(c) Leader of the Minority Party;

(d) Members with disabilities.

(2) All other seats in the Chamber shall be available for the use of any Member.

(3) Subject to this Standing Order and any other order of the Assembly, any question relating to the occupation of seats in the Chamber shall be determined by the Speaker.

Members travelling outside Kenya

242. (1) A Member intending to travel outside Kenya whether in an official or a private capacity, shall give to the Speaker a written notice to that effect, indicating: -

(a) the destination intended to be visited;

(b)the dates of the intended travel and period of absence from Kenya; and

(c) the email, telephone contact, postal or physical address of the Member during the period of absence from Kenya.

(2) All information submitted under this Standing Order shall be kept in a register which the Clerk shall maintain for that purpose and shall not be disclosed to any person without the permission of the Speaker.

Expenses of witnesses

243. There may be paid or tendered to any person summoned to give evidence or to produce documents before the Assembly or a Committee, such reasonable sum in respect of the person’s expenses, including travelling expenses, as the Clerk may from time to time determine, either generally or specifically.