PART XXVIIV - CONDUCT OF PROCEEDINGS IN EXCEPTIONAL CIRCUMSTANCES

Application

248.(1) This Part shall apply to the conduct of proceedings of the Assembly and committees in an exceptional circumstance.

(2) The provisions of the Standing Orders preceding this part shall remain in force except as ay be modifies in this Part.

(3) Where any provision of this Part conflicts with or is inconsistent with the parts of any preceding Standing Orders, whether in part or in whole, the provisions of this Part shall prevail.

(4) In this Part, “exceptional circumstances “means an event or occurrence as may be lawfully declared in accordance with any written law which precludes the County Assembly from conduction a physical sitting and includes the declaration of an epidemic, pandemic, extreme natural phenomena, pestilence or an act of terrorism.

(5) The Speaker shall make ruling that the provisions of this Part have been invoked and give necessary guidelines for the application of this Part.

Alternative Sitting Arrangements.

249. (1) The Speaker shall invoke the provisions of this Part and permit the Assembly and its committees to conduct sittings either -

(a) physically and virtually, where the Assembly is partially precluded from conducting a physical sitting by an exceptional circumstance; or

(b) virtually, where the Assembly is wholly precluded from conducting a physical sitting by an exceptional circumstance.

(2) The Speaker shall, upon invoking the provisions of paragraph (1) and upon the recommendation of the House Business and Rules Committee, prescribing guidelines governing-

(i) the conduct of proceedings;

(ii) the manner of voting, manner of conducting a division and ascertainment of a vote in the proceedings;

(iii) the conduct of Members during the proceedings;

(iv) access of the proceedings to the media and the Members of the public;

(v) public participation and involvement;

(vi) etiquette; and

(vii) such other matters as may be relevant to the conduct of the proceedings.

(3) The guidelines prescribed under paragraph (2) shall be cease to apply upon revocation by the Speaker or the cessation of the exceptional circumstances, whichever is earlier.

Other Arrangements

250. During the pendency of an exceptional circumstance -

(a) the Assembly, may, by resolution, vary its ordinary sittings to such a number as the circumstances permit.

(b) The House Business and Rules Committee shall determine and prioritize essential and urgent business to be considered by the Assembly; and

(c) The Speaker may -

(i) designate a place outside the Chamber but within the precincts of the Assembly from where Members may participate in the proceedings;

(ii) prescribe the number of Members who may participate in the proceedings from the Chamber or any other designated place outside the chamber;

(iii) permit a Member of any the person required to file, deliver or table any document under the Standing Orders or any other written law to file and submit the document electronically for tabling;

(iv) where the Assembly is wholly precluded from conducting a physical sitting, deem a document submitted, including a document submitted electronically, to have been tabled, subject to its admissibility; and

(v) preclude public access to the Assembly and committees pursuant to Standing Order 236.

251. Use of Technology

251.(1) The Speaker may, taking into account the provisions of the Constitution, the County Governments Act and the Standing Orders, prescribe appropriate information and communication technology platforms for the conduct of the virtual proceedings under this Part.

(2) The platforms prescribed under paragraph (1) shall -

(a) incorporate video and audio or text;

(b) allow the participation of Members in the proceedings in real-time and the broadcast of the proceedings;

(c) facilitate the proceedings to be recorded and transcribed under Standing Order 231; and

(d) where the Assembly is wholly precluded from conducting a physical sitting incorporates a system that allows Members to vote.

(3) The voting system incorporated under paragraph (2) (d) shall be simple, accurate, verifiable, secure, accountable, transparent and facilitate the prompt delivery of the result of each vote taken.

(4) The Clerk shall facilitate the participation of Members in virtual proceeding through the use of standard electronic devices specifically configured for the proceedings.