Standing Orders

Reference the Standing Orders Chapter’s Content’s

CONTENTS
1
REPUBLIC OF KENYA
_________
COUNTY ASSEMBLY OF NAKURU
_________
STANDING ORDERS
_____________________________

2
CONTENTS
PRAYER …………………………………………………………………………………………………………………………………………… 9
OMBI ……………………………………………………………………………………………………………………………………………… 10
PART I – INTRODUCTORY ……………………………………………………………………………………………………………………. 11
In cases not provided for, the Speaker to decide ………………………………………….. …………………………………. 11
Interpretation ………………………………………….. …………………………………………… …………………………………………. 11
PART II – SWEARING-IN OF MEMBERS AND ELECTION OF SPEAKER ……………………………………………………………. 13
Proceedings on assembly of a new Assembly ………………………………………….. ………………………………………. 13
Vacancy in the Office of Speaker ………………………………………….. …………………………………………… ……………. 14
Nomination of candidates…………………………………………… …………………………………………… ……………………… 14
Secret ballot ………………………………………….. …………………………………………… …………………………………………… . 15
Election threshold ………………………………………….. …………………………………………… …………………………………… 16
Withdrawal of candidate ………………………………………….. …………………………………………… ………………………… 16
Equality of votes ………………………………………….. …………………………………………… ……………………………………… 16
Custody of ballot papers ………………………………………….. …………………………………………… …………………………. 16
Single duly nominated candidate ………………………………………….. …………………………………………… …………… 16
Notification of opening of the Assembly ………………………………………….. …………………………………………… .. 17
PART III – DEPUTY SPEAKER AND CHAIRPERSONS PANEL …………………………………………………………………………. 17
PART IV – THE LEADER OF THE MAJORITY PARTY AND THE LEADER OF THE MINORITY PARTY ……………………….. 19
PART V- WHIP OF MAJORITY PARTY AND WHIP OF MINORITY PARTY ……………………………………………………….. 20
PART VI – ADDRESS BY GOVERNOR, SENATOR AND VISITING DIGNITARY ………………………………………………….. 21
Governor’s address on opening of new Assembly ………………………………………….. ……………………………….. 21
Governor’s address on special sitting ………………………………………….. …………………………………………… …….. 21
Governor entering or leaving the Chamber ………………………………………….. ………………………………………… 21
Governor’s address to Assembly ………………………………………….. …………………………………………… …………….. 22
Address by the Senator or Visiting dignitary ………………………………………….. ………………………………………. 22
PART VII – CALENDAR, SITTINGS AND ADJOURNMENTS OF THE ASSEMBLY ………………………………………………… 22
Regular Sessions of the Assembly…………………………………………… …………………………………………… ………….. 22
Calendar of the Assembly ………………………………………….. …………………………………………… ……………………….. 22
PART VIII – QUORUM OF THE ASSEMBLY ……………………………………………………………………………………………….. 25
Quorum at commencement of the Assembly ………………………………………….. ………………………………………. 25
Quorum during the proceeding of the Assembly ………………………………………….. ………………………………… 25
3
Quorum during voting or division ………………………………………….. …………………………………………… …………. 25
Decorum when quorum not present ………………………………………….. …………………………………………… ………. 26
PART IX – ORDER OF BUSINESS …………………………………………………………………………………………………………….. 26
Order Paper to be prepared and circulated ………………………………………….. …………………………………………. 26
PART X – MESSAGES ………………………………………………………………………………………………………………………….. 27
Messages to and from the Senate ………………………………………….. …………………………………………… …………… 27
Messages from the Governor and the Senator ………………………………………….. ……………………………………. 27
PART XI – STATEMENTS ……………………………………………………………………………………………………………………… 27
Members’ general statements ………………………………………….. …………………………………………… ………………… 28
Statement Hour ………………………………………….. …………………………………………… ………………………………………. 28
PART XII – APPROVAL OF PUBLIC APPOINTMENTS………………………………………………………………………………….. 29
Committal to committees ………………………………………….. …………………………………………… ………………………. 29
PART XIII – MOTIONS …………………………………………………………………………………………………………………………. 29
Notices of Motions ………………………………………….. …………………………………………… ………………………………….. 29
PART XIV- PROCEDURE FOR REMOVAL FROM STATE OFFICE ……………………………………………………………………. 33
Procedure for removal of the Speaker ………………………………………….. …………………………………………… ……. 33
Procedure for removal of Deputy Speaker ………………………………………….. …………………………………………..33
Procedure for removal of Deputy Governor ………………………………………….. ………………………………………… 35
Procedure for removal of Member of County Executive Committee ………………………………………….. ….. 35
Right to be heard ………………………………………….. …………………………………………… …………………………………….. 36
Priority of Motion ………………………………………….. …………………………………………… …………………………………… 36
PART XV – VOTING AND DIVISIONS ……………………………………………………………………………………………………… 37
Voting in the Assembly ………………………………………….. …………………………………………… …………………………… 37
Roll call Division claimed ………………………………………….. …………………………………………… ……………………….. 37
Roll call voting ………………………………………….. …………………………………………… ………………………………………… 37
In case of confusion or error ………………………………………….. …………………………………………… ………………….. 38
Errors corrected ………………………………………….. …………………………………………… ………………………………………. 38
Decorum during division ………………………………………….. …………………………………………… ………………………… 38
PART XVI – RULES OF DEBATE ………………………………………………………………………………………………………………. 38
Proceedings to be in Kiswahili, English or Kenyan Sign Language ………………………………………….. ……. 38
Members to address the Speaker ………………………………………….. …………………………………………… ……………. 38
Two or more Members requesting to speak ………………………………………….. ………………………………………… 38
Speeches may not be read ………………………………………….. …………………………………………… ………………………. 38
4
No Member to speak after Question put ………………………………………….. …………………………………………… .. 39
Speaking twice to a Question ………………………………………….. …………………………………………… …………………. 39
Points of Order ………………………………………….. …………………………………………… ……………………………………….. 39
Anticipating debate ………………………………………….. …………………………………………… ………………………………… 39
Proceedings of Select Committees not to be referred to ………………………………………….. …………………….. 40
Contents of speeches ………………………………………….. …………………………………………… ………………………………. 40
Retraction and Apologies ………………………………………….. …………………………………………… ……………………….. 40
Matters sub judice or secret ………………………………………….. …………………………………………… …………………… 40
Declaration of interest ………………………………………….. …………………………………………… …………………………… 41
Responsibility for statement of fact ………………………………………….. …………………………………………… ………. 41
Member who has spoken to question may speak to amendment…………………………………………… ………. 41
Debate on amendment confined to amendment ………………………………………….. ………………………………… 41
Reserving rights of speech ………………………………………….. …………………………………………… ……………………… 42
Closure of debate ………………………………………….. …………………………………………… …………………………………….. 42
Adjournment of debate ………………………………………….. …………………………………………… …………………………… 42
PART XVII – LIMITATION OF DEBATE …………………………………………………………………………………………………….. 43
Limitation of debate ………………………………………….. …………………………………………… ……………………………….. 43
PART XVIII- ORDER IN THE ASSEMBLY AND IN COMMITTEE OF THE WHOLE ASSEMBLY ……………………………….. 43
Maintenance of order ………………………………………….. …………………………………………… ……………………………… 43
Security checks ………………………………………….. …………………………………………… ……………………………………….. 43
Firearms and other offensive weapons ………………………………………….. …………………………………………… ….. 43
When the Speaker rises Members to be silent ………………………………………….. …………………………………….. 43
Members and the Chair…………………………………………… …………………………………………… ………………………….. 43
Members to be seated ………………………………………….. …………………………………………… ……………………………… 44
Members to remain in their places until the Speaker has left the Chamber ………………………………….. 44
Irrelevance or repetition ………………………………………….. …………………………………………… ………………………… 44
Grossly disorderly conduct ………………………………………….. …………………………………………… …………………….. 44
Member may be suspended after being named ………………………………………….. …………………………………… 44
Member suspended to withdraw from precincts of Assembly…………………………………………… ……………. 45
Duration of suspension of a Member ………………………………………….. …………………………………………… …….. 45
Action to be taken on refusal to withdraw ………………………………………….. …………………………………………..45
Grave disorder in the Assembly ………………………………………….. …………………………………………… ……………… 46
PART XIX- PUBLICBILLS……………………………………………………………………………………………………………………….. 46
Application and limitation ………………………………………….. …………………………………………… …………………….. 46
5
Introduction of Bills ………………………………………….. …………………………………………… ……………………………….. 46
Printing of amending provisions ………………………………………….. …………………………………………… ……………. 47
Enacting formula ………………………………………….. …………………………………………… ……………………………………. 47
Memorandum of Objects and Reasons ………………………………………….. …………………………………………… ….. 47
Provisions on delegated powers…………………………………………… …………………………………………… …………….. 47
Publication ………………………………………….. …………………………………………… …………………………………………… … 48
Not more than one stage of a Bill to be taken at the same sitting ………………………………………….. …….. 48
Reading of Bills ………………………………………….. …………………………………………… ……………………………………….. 48
First Reading of Bills ………………………………………….. …………………………………………… ………………………………. 48
Committal of Bills to Committees and public participation…………………………………………… ……………… 48
Second Reading ………………………………………….. …………………………………………… ………………………………………. 49
Committal of Bills to Committee of the whole Assembly ………………………………………….. …………………… 49
Sequence to be observed on a Bill in Committee ………………………………………….. ………………………………… 49
Procedure in Committee of the whole Assembly on a Bill ………………………………………….. ………………….. 50
Report of Progress ………………………………………….. …………………………………………… ………………………………….. 51
Bill to be reported ………………………………………….. …………………………………………… …………………………………… 51
Procedure on Bills reported from Committee of the whole Assembly ………………………………………….. .. 51
Procedure on Bills reported from Select Committees ………………………………………….. …………………………. 52
Procedure upon the re-committal of a Bill ………………………………………….. …………………………………………..52
Third Reading…………………………………………… …………………………………………… …………………………………………. 52
Withdrawal of Bills ………………………………………….. …………………………………………… …………………………………. 52
Re-introduction of Bills ………………………………………….. …………………………………………… ………………………….. 53
Custody of Bills ………………………………………….. …………………………………………… ……………………………………….. 54
PART XX – PRIVATE BILLS …………………………………………………………………………………………………………………….. 54
Application of public Bill procedure ………………………………………….. …………………………………………… ………. 54
Saving clause ………………………………………….. …………………………………………… …………………………………………… 54
Private Bill affecting private rights ………………………………………….. …………………………………………… ……….. 54
Petition for leave ………………………………………….. …………………………………………… …………………………………….. 54
Security for cost of printing ………………………………………….. …………………………………………… ……………………. 55
Bills authorizing the construction of work ………………………………………….. …………………………………………. 55
First Reading ………………………………………….. …………………………………………… …………………………………………… 55
Right of audience before Committee on opposed Bill ………………………………………….. …………………………. 55
How Bills may be opposed ………………………………………….. …………………………………………… ………………………. 55
Printing expenses ………………………………………….. …………………………………………… ……………………………………. 56
PART XXI – COMMITTEE OF THE WHOLE ASSEMBLY ………………………………………………………………………………… 56
6
Limits on consideration of matters by Committee ………………………………………….. …………………………….. 56
Committee of the whole Assembly may not adjourn ………………………………………….. ………………………….. 56
Report ………………………………………….. …………………………………………… …………………………………………… ………… 56
No debate on Motion for Report ………………………………………….. …………………………………………… …………….. 56
General application of rules in Committee ………………………………………….. …………………………………………. 56
PART XXII – SELECT COMMITTEES …………………………………………………………………………………………………………. 56
House Business Committee ………………………………………….. …………………………………………… ……………………. 56
General Provisions ………………………………………….. …………………………………………… ………………………………….. 58
Nomination of members of select committees ………………………………………….. ……………………………………. 58
Criteria for nomination ………………………………………….. …………………………………………… ………………………….. 58
Approval of nomination ………………………………………….. …………………………………………… …………………………. 58
Discharge of a member from a committee ………………………………………….. …………………………………………..59
Composition of select committees ………………………………………….. …………………………………………… …………. 59
Chairing of select committees and quorum ………………………………………….. ………………………………………… 59
Conduct of election ………………………………………….. …………………………………………… …………………………………. 59
Notice of meetings ………………………………………….. …………………………………………… ………………………………….. 59
Sittings of select committees ………………………………………….. …………………………………………… …………………. 60
Sub-committees of select committees ………………………………………….. …………………………………………… ……. 60
Adjournment for lack of quorum ………………………………………….. …………………………………………… ……………. 60
Frequency of meetings ………………………………………….. …………………………………………… ……………………………. 60
Failure to attend meetings ………………………………………….. …………………………………………… …………………….. 60
Absence of chairperson and vice-chairperson ………………………………………….. …………………………………….. 61
List of attendance ………………………………………….. …………………………………………… …………………………………… 61
Minutes of select committees ………………………………………….. …………………………………………… ………………… 61
Powers and privileges of committees ………………………………………….. …………………………………………… …….. 61
Temporary absence of a member of a select committee ………………………………………….. …………………….. 61
Vote of no confidence in the chairperson or vice-chairperson ………………………………………….. …………… 61
Original vote ………………………………………….. …………………………………………… …………………………………………… 62
Attendance by non-members of select committee ………………………………………….. ……………………………… 62
Procedure in select committees ………………………………………….. …………………………………………… ……………… 62
Limitation of mandate ………………………………………….. …………………………………………… ……………………………. 62
Public access to meetings of select committees…………………………………………… …………………………………. 63
Reports of select committees ………………………………………….. …………………………………………… …………………. 63
Progress reports ………………………………………….. …………………………………………… ……………………………………… 63
Reports on Assembly Resolutions ………………………………………….. …………………………………………… ………….. 64
7
Joint sitting of committees of the Assembly ………………………………………….. ……………………………………….. 64
Engagement of experts ………………………………………….. …………………………………………… …………………………… 64
Committee on Appointments ………………………………………….. …………………………………………… …………………. 64
Finance, Budget and Appropriations Committee ………………………………………….. ……………………………….. 65
Assembly Rules and Delegated Legislation Committee ………………………………………….. ……………………… 66
Committee on Implementation ………………………………………….. …………………………………………… ……………… 68
Liaison Committee ………………………………………….. …………………………………………… ………………………………….. 69
Sectoral Committees ………………………………………….. …………………………………………… ………………………………. 69
Appointment of Sectoral Committees ………………………………………….. …………………………………………… ……. 69
Committee to be limited to mandate ………………………………………….. …………………………………………… …….. 70
PART XXIII – PUBLIC PETITIONS ……………………………………………………………………………………………………………. 70
Meaning of Petition ………………………………………….. …………………………………………… ………………………………… 70
Submission of a Petition ………………………………………….. …………………………………………… …………………………. 70
Petition on Private Bill ………………………………………….. …………………………………………… ……………………………. 71
Notice of intention to present Petition ………………………………………….. …………………………………………… ….. 71
Form of Petition ………………………………………….. …………………………………………… ……………………………………… 71
Time for Petitions ………………………………………….. …………………………………………… …………………………………… 71
Presentation of Petitions ………………………………………….. …………………………………………… ……………………….. 72
Comments on petitions…………………………………………… …………………………………………… ………………………….. 72
Committal of Petitions ………………………………………….. …………………………………………… …………………………… 72
Copies of responses ………………………………………….. …………………………………………… …………………………………. 72
PART XXIV – FINANCIAL PROCEDURES …………………………………………………………………………………………………… 73
General ………………………………………….. …………………………………………… …………………………………………… ………. 73
Restrictions with regard to certain financial measures ………………………………………….. …………………….. 73
Presentation of County Fiscal Strategy Paper ………………………………………….. ……………………………………. 73
Presentation of Budget Estimates and committal to Committees ………………………………………….. …….. 74
Definition of a day ………………………………………….. …………………………………………… ………………………………….. 75
Order of Votes ………………………………………….. …………………………………………… …………………………………………. 75
Moving into Committee of Supply ………………………………………….. …………………………………………… …………. 75
Procedure in Committee of Supply ………………………………………….. …………………………………………… ………… 75
Pronouncement of the Budget highlights and Revenue raising measures before the Budget and
Appropriations Committee ………………………………………….. …………………………………………… …………………….. 77
Procedure on Supplementary Estimates…………………………………………… …………………………………………… .. 78
PART XXV – JOURNALS AND RECORDS OF PROCEEDINGS ………………………………………………………………………… 80
Journals of the Assembly ………………………………………….. …………………………………………… ………………………… 80
8
Custody of Journals and Records ………………………………………….. …………………………………………… ……………. 81
Hansard reports ………………………………………….. …………………………………………… ……………………………………… 81
Secret or personal matters ………………………………………….. …………………………………………… ……………………… 81
PART XXVI – PUBLIC ACCESS TO THE ASSEMBLY AND ITS COMMITTEES ……………………………………………………… 81
General provisions on access to the Assembly ………………………………………….. ……………………………………. 81
Restriction of access to the Chamber ………………………………………….. …………………………………………… …….. 81
Exclusion from the Assembly or committees ………………………………………….. ………………………………………. 82
Press representatives infringing Standing Orders or the Speaker’s Rules …………………………………….. 82
PART XXVII– GENERAL ……………………………………………………………………………………………………………………….. 82
Failure to attend sittings ………………………………………….. …………………………………………… ……………………….. 83
Seating in the Chamber ………………………………………….. …………………………………………… ………………………….. 83
Members travelling outside Kenya ………………………………………….. …………………………………………… ………… 84
Expenses of witnesses ………………………………………….. …………………………………………… ……………………………… 84
PART XXVIII –AMENDMENT OF STANDING ORDERS………………………………………………………………………………… 84
Proposals for amendment by the Assembly Rules and Delegated Legislation Committee …………… 84
Amendment on the initiative of a Member ………………………………………….. …………………………………………. 84
Periodic review of Standing Orders ………………………………………….. …………………………………………… ……….. 85
Consideration of reports of Assembly Rules and Delegated Legislation Committee . Error! Bookmark
not defined.
BROADCASTING RULES ………………………………………….. …………………………………………… …………………………… 85
SECTORAL COMMITTEES ………………………………………….. …………………………………………… ………………………… 88
THIRD SCHEDULE ………………………………………………………………………………………………………………………… 90
GENERAL FORM OF A PUBLIC PETITION ………………………………………….. …………………………………………… 90

9
PRAYER
Almighty God, who in Your wisdom and goodness have appointed the offices of Leaders and
Parliaments for the welfare of society and the just government of the people, we beseech You to
behold with Your abundant favour, us Your servants, whom You have been pleased to call to the
performance of important trusts in this Republic.
Let Your blessings descend upon us here assembled, and grant that we treat and consider all
matters that shall come under our deliberation in so just and faithful a manner as to promote
Your Honour and Glory, and to advance the peace, prosperity and welfare of our Country and of
those whose interests You have committed to our charge.
AMEN
10
OMBI
Ewe Mwenyezi Mungu, ambaye kwa hekima na wema wako umeteua nyadhifa za viongozi na
mabunge kwa ustawi wa jamii na utawala wa haki wa wanadamu: twakusihi ututazame kwa
neema nyingi sisi watumishi wako, ambao umeridhika kutuita ili tutekeleze shughuli muhimu za
Jamhuri hii yetu.
Twakuomba ututeremshie baraka zako sisi tuliokutanika hapa, na utujalie tuyatende na kufikiria
mambo yote yatakayofikishwa mbele yetu kwa njia ya haki na uaminifu ili utukufu na sifa zako
ziendelezwe, na ili kustawisha amani, ufanisi na heri ya nchi hii yetu na wale ambao haja zao
umezikabidhi mikononi mwetu.
AMIN

11
PART I – INTRODUCTORY
In cases not provided for, the Speaker to decide
1. In all cases not hereinafter provided for and subject to the Constitution and other written
laws, the Speaker shall decide having regard to the Orders of the Assembly, the usages, forms,
precedents, customs, procedures and traditions of the Assembly and the National Parliament
and legislative assemblies from other jurisdictions in view of the constitutional principles, the
practices in other parliaments in so far as the same may be applicable to this Assembly.
Interpretation
2. (1) In these Standing Orders-
(a) unless the context otherwise requires-
“Allotted Day” means a day set aside for the consideration in committee of supply of
proposals in respect of the annual and supplementary estimates, as provided by Part
XXIII of these Standing Orders;
“Clerk” means the Clerk of the Assembly, or, if the Clerk is absent, or if the office is
vacant, such other person as is for the time being performing the duties of the Clerk;
“coalition” means an alliance of two or more political parties formed for the purpose of
pursuing a common goal and is governed by a written agreement deposited with the
Registrar;
“Assembly Party” means a party or a coalition of parties consisting of not less than five
percent of the membership of the Assembly;
“Governor” means the Governor of the County Government of Nakuru in the Republic
of Kenya elected in accordance with Article 180 of the Constitution and includes the
Deputy-Governor when acting as Governor and any other person who for the time
being performs the functions of the Governor pursuant to Article 182 (4) of the
Constitution;
“leave of the Assembly” means there being no objection by any Member, either with
the sympathy of the Speaker or with the support of at least two other Members;
“Leader of the Majority Party” means the person who is the leader in the Assembly of
the largest party or coalition of parties under Standing Order 20;
“Leader of the Minority Party” means the person who is the leader in the Assembly of
the second largest party or coalition of parties under Standing Order 21;
“Majority Party” means the largest party or coalition of parties in the Assembly as
officially declared by the Registrar of Political Parties;
12
“Majority Whip” means the Member designated as the Majority Whip by the Leader of
the Majority Party;
“Member” means a member of the County Assembly of Nakuru elected or nominated
in accordance with Article 177(1) of the Constitution;
“Member of County Executive Committee” means a person appointed as a member of
the County Executive Committee of the County Government of Nakuru under Article
179(2) (b) of the Constitution;
“Minority Party” means the second largest party or coalition of parties in the Assembly
as officially declared by the Registrar of Political Parties;
“Minority Whip” means the Member designated as the Minority Whip by the Leader of
the Minority Party.
“Notice Paper” means the official schedule of business intended to be transacted by
the Assembly during a particular week, published and circulated by the Clerk by order
of the House Business Committee under Standing Order 41 (Order Paper to be
prepared and circulated)
“Order Paper” means the paper showing the business to be placed before or taken by
the Assembly on a particular day, published and circulated by the Clerk under
Standing Order 41 (Order Paper to be prepared and circulated)
“Paper” means any printed or electronic material laid on the Table of the Assembly or
a committee of the Assembly pursuant to any law or these Standing Orders or any
other material as the Speaker may determine;
“Party Whip” means a Member designated by a Assembly party as its party whip for
the purposes of the transaction of the business in the Assembly and includes the
Majority Whip and the Minority Whip;
“Precincts of Assembly” includes the chamber of the Assembly, every part of the
buildings in which the chambers are situated, the offices of Assembly, the galleries and
places provided for the use and accommodation of Members of the Assembly,
members of the public and representatives of the Press and any forecourt, yard,
garden, enclosure or open space, appurtenant thereto and used or provided for the
purposes of the Assembly;
“Private Bill” means any Bill, which is intended to affect or benefit some particular
person, association or corporate body;
“Public Bill” means a Bill which is intended to affect the public generally, or a section
of the public;
“Quorum of the Assembly” means one third of all the members of the Assembly;
13
“Recess” means a period during which the Assembly stands adjourned to a day other
than the next normal sitting day;
“Session” means the sittings of the Assembly commencing when it first meets after a
General Election or on a day provided for in Standing Order 30 (Regular Sessions of the
Assembly) and terminating when the Assembly adjourns at the end of a calendar year
or at the expiry of the term of Assembly.
“Sitting” means a period during which the Assembly is sitting continuously without
adjournment and includes any period during which the Assembly is in Committee; but
two or more periods of sitting within the normal period of one sitting, or within an
equivalent period, shall not rank as more than one sitting;
“Sitting day” means any day on which the Assembly sits;
(b) reference to the Chairperson of Committees includes the Speaker when presiding over
a Committee of the whole Assembly or a member of the Chairperson Panel;
(c) reference to the Speaker includes the Deputy Speaker and any Member of
Chairpersons Panel when presiding in the assembly.
(2) In these Standing Orders, whenever a document is required to be provided or made
available to Members, the document shall be considered to have been so provided or made
available if placed in the Members pigeonholes or in such other manner as the Speaker may
direct.
PART II – SWEARING-IN OF MEMBERS AND ELECTION OF SPEAKER
Proceedings on assembly of a new Assembly
3. (1) Whenever a new Assembly is elected, the Governor, by notice in the Gazette and the
County Gazette, shall within fourteen days after election appoint the place and date of the first
sitting of the new Assembly, which date shall not be later than thirty days after the election.
(2) On the first sitting of a new Assembly after a general election, the Clerk shall-
(a) read the notification of the convening the Assembly as published in the Gazette
and the County Gazette;
(b) lay a list of the names of the persons elected as Members on the Table of the
Assembly; and
(c) administer the Oath or Affirmation of Office provided for in the First Schedule of
the County Governments Act, 2012 to all members present in the Assembly in
the order set out in paragraph (2).
(3) The Clerk shall administer the Oath or Affirmation of Office to Members of the
Assembly in alphabetical order using the following order of precedence
14
(a) Members with the longest cumulative period of service in the Assembly;
(b) Members with the longest cumulative period of service in the Assembly
and any local authority existing prior to the final announcement of all the
results of Parliament as contemplated under section 2 of the Sixth Schedule
to the Constitution;
(c) Members with the longest cumulative period of service in any local
authority existing prior to the final announcement of all the results of
Parliament as contemplated under section 2 of the Sixth Schedule to the
Constitution;
(d) all other Members.
(4) Pursuant to Article 74 of the Constitution, no person shall assume or perform any
functions of the office of a Member before taking and subscribing to the Oath or
Affirmation of Office provided for under paragraph (1)
(5) When the Clerk is administering the Oath or Affirmation of Office to Members and before
the Clerk has administered the Oath or Affirmation of Office to the Speaker, any question
arising in the Assembly shall be determined by the Clerk who shall, during that period,
exercise the powers of the Speaker.
(6) At any other time, the Oath or Affirmation of Office shall be administered by the Speaker
immediately after Prayers.
(7) When a Member first attends to take his or her seat after the first sitting of the Assembly,
the Member shall, before taking his or her seat be escorted to the Table by two Members
and be presented by them to the Speaker who shall then administer to the Member the
Oath or Affirmation of Office.
(8) Notwithstanding Standing Order 33 (Hours of Meeting), on the day when the election of
the Speaker is to be conducted after a general election the sitting of the Assembly shall
commence at 9.00 am.
Vacancy in the Office of Speaker
4. (1) A Speaker shall be elected when the Assembly first meets after a General Election and
before the Assembly proceeds with the dispatch of any other business, except the
administration of the Oath or Affirmation of Office to Members present.
(2) If the office of Speaker falls vacant at any time before the expiry of the term of Assembly,
no business shall be transacted by the Assembly until the election of a new Speaker.
(3) A Member elected by the Assembly in accordance with Article 178(2) of the Constitution
shall preside over the election under paragraph (2).
Nomination of candidates
5. (1) Upon the Governor notifying the place and date for the first sitting of a new Assembly
pursuant to Standing Order 3 (Proceedings on a new Assembly), the Clerk shall by notice in
15
the Gazette notify that fact and invite interested persons to submit their nomination papers
for election to the office of Speaker.
(2)The names of candidates for election to the office of Speaker shall be entered upon
nomination papers obtained from the Clerk and handed back to the Clerk, at least fortyeight hours before the time appointed at which the Assembly is to meet to elect a Speaker
(3) The nomination papers of a candidate shall be accompanied by the names and signatures
of at least two Members who support the candidate and a declaration by them that the
candidate is qualified to be elected as a Member of Assembly under Article 193 of the
Constitution and is willing to serve as Speaker of the Assembly.
(4) The Clerk shall maintain a register in which shall be shown the date and time when each
candidate’s nomination papers were received and shall ascertain that every such candidate
for election to the office of Speaker is qualified to be elected as such under Article 193 of the
Constitution.
(5) Immediately upon the close of the nomination period provided for in paragraph (2), the
Clerk shall-
(a) publicize and make available to all Members, a list showing all qualified candidates; and
(b) make available to all Members, copies of the curriculum vitae of the qualified
candidates.
(6) The Clerk shall, at least two hours before the meeting of the Assembly, prepare ballot
papers upon which shall be shown the names of all candidates validly nominated under
paragraph (5) of this Standing Order.
Secret ballot
6. (1) The election of the Speaker shall be by secret ballot.
(2) The Clerk shall, at the commencement of each ballot, cause the ballot box, empty and
unlocked, to be displayed to the Assembly and shall, in the presence of the Assembly,
lock the box, which shall thereafter be kept in the full view of the Assembly until the
conclusion of the ballot.
(3) The Clerk shall issue not more than one ballot paper to each Member who comes to
the Table to obtain it and each Member who wishes to vote shall proceed to a booth
or designated area provided by the Clerk for that purpose and located next to and
within reasonable distance of the ballot box and shall, while there, mark the ballot
paper by placing a mark in the space opposite the name of the candidate for whom
the Member wishes to vote, fold the marked ballot paper before leaving the booth or
area and place the folded ballot paper in the ballot box.
(4) A Member who, before the conclusion of a ballot has marked a paper in error may,
by returning it to the Clerk, obtain another in its place and the Clerk shall
immediately cancel and destroy the paper so returned.
16
(5) The Clerk shall make such arrangements as may be necessary to enable any Member
with disability to vote.
(6) When it appears to the Clerk that all Members who are present and who wish to
vote have placed their ballot papers in the ballot box, the Clerk shall unlock the box,
examine the ballot papers and, having rejected those unmarked or spoilt, report the
result of the ballot; and no Member who has not already recorded his or her vote
shall be entitled to do so after the Clerk has unlocked the ballot box.
(7) A ballot paper is spoilt, if in the Clerk’s opinion, it does not identify the candidate
purported to be selected by the member voting
Election threshold
7. (1) A person shall not be elected as Speaker, unless supported in a ballot by the votes of
two-thirds of all Members.
(2) If no candidate is supported by the votes of two-thirds of all Members, the candidate
or candidates who received the highest number of votes in the ballot referred to in
paragraph (1) and the candidate or candidates who in that ballot received the next
highest number of votes shall alone stand for election in a further ballot and the
candidate who receives the highest number of votes in the further ballot shall be
elected Speaker.
Withdrawal of candidate
8. A candidate may, by written notice to the Clerk, withdraw his or her name before a ballot
is started, and in the event of such withdrawal, the Clerk shall cross-out the name of that
candidate off any ballot papers issued for that or any subsequent ballot.
Equality of votes
9. If, in the further ballot referred to in Standing Order 7 (Election threshold), more than
one candidate receives the highest number of votes, the ballot shall again be taken, and if
there is an equality of the highest number of votes a further ballot shall be take until one
candidate obtains more votes than the other or others.
Custody of ballot papers
10. Immediately the results are declared, all the ballot papers used in the election of a
Speaker shall be packed and sealed in the presence of the Assembly and kept in the
custody of the Clerk for a period of six months and shall thereafter be destroyed.
Single duly nominated candidate
11. Despite the provisions of this Part, if there is only one candidate who has been duly
nominated for election as Speaker at the expiry of the nomination period, that candidate
shall be declared forthwith to have been elected Speaker without any ballot or vote being
required.
17
Swearing-in of the Speaker
12. Immediately following the election of the Speaker, the Clerk shall administer the Oath or
Affirmation of Office to the Speaker in the presence of the assembled Assembly.
Notification of opening of the Assembly
13. (1) Immediately after taking and subscribing to the Oath or Affirmation of Office under
Standing Order 12 (Swearing in of the Speaker), the Speaker shall notify the Members of the
place, date and time of the opening of Assembly.
(2) Following the notification by the Speaker under paragraph (1), the sitting of the Assembly
shall stand adjourned until the date and time of the opening of Assembly.
PART III – DEPUTY SPEAKER AND CHAIRPERSONS PANEL
14. (1) As soon as shall be practicable after the election of the Speaker under Part II of these
Standing Orders, the Assembly shall elect a Deputy Speaker amongst its members who shall
preside over any sitting of the Assembly in the absence of the Speaker as contemplated under
Article 178(2) of the Constitution, and in matters that directly affect the Speaker.
(2) The member elected pursuant to paragraph 1 shall be referred to as the Deputy-Speaker of
the Assembly and shall, in the absence of the Speaker, preside over the sittings of the
Assembly as Deputy Speaker for the term of the Assembly.
(3) The procedure for electing the Deputy Speaker shall be as follows:
a. Whenever the office of the Deputy Speaker falls vacant, the Speaker shall
communicate the date of the elections from the chair.
b. Interested persons shall declare their candidature on the floor of the House
c. The clerk shall conduct the elections through secret ballot
d. The election threshold of the Deputy Speaker shall be as set out by Standing
Order (7) of these Standing Orders.
(4) If the office of the Deputy Speaker falls vacant at any time before the end of the term of
the Assembly, the Assembly shall, as soon as practicable, elect another Member to the office.
Chairperson of Committee of the Whole House
15. (1) The Deputy Speaker shall be the Chairperson of Committees and shall preside over all
Committees of the whole House.
(2)If the Deputy Speaker is absent, a Member of the Chairpersons Panel established under
Standing Order 16 shall preside over the Committee of the Whole House.
(3) If the Deputy Speaker is absent, or if the Deputy Speaker or any member of the
Chairpersons Panel considers that it is desirable that he or she should take part in any
proceedings in Committee otherwise than as the person presiding, the Speaker shall take
the Chair.
Chairpersons Panel
18
16. (1) There shall be a panel to be known as the Chairpersons Panel which shall comprise
three Members who shall be entitled to exercise all the powers vested in the Chairperson
of Committees.
(2) As soon as practicable, after the election of the Deputy Speaker following a general
election, the Speaker shall, submit a list of four names for consideration by the House
Business Committee.
(3) The House Business Committee shall, within seven days of receipt of the names of the
nominees under paragraph 2 above, table the list in the House and give notice of
motion for approval of the names.
(4) Whenever a Motion for approval under paragraph (3) is moved in the House, no
objection against the proposed membership on the Chairperson’s Panel of any
particular Member shall be permitted and objections, if any, shall be formulated and
considered against the proposed membership as a whole.
(5) In nominating the Members of the Chairpersons Panel, the Speaker and the House
Business Committee shall have regard to the relative party majorities in the House and
shall ensure, so far as shall be practicable, that at least one member of the Panel is
from the opposite gender from the rest of the nominees.
(6) The approval of the Members of Chairpersons Committees under Paragraph 3 above
shall be deemed to constitute an election for purposes article 178(2) of the
Constitution and either any one of them may preside over the House in the absence of
the Speaker and the Deputy Speaker.
17. Discharge of a Member from Chairpersons Panel
(1) (a) Whenever it becomes necessary for the Speaker to discharge a member of the
Chairpersons Panel he/she shall make a communication to the house from the chair.
(b) Immediately after the removal of a member from the panel, the speaker shall
communicate to the House Business Committee for consideration as provided under
Standing Order 16(3)
(2) Within seven days of receipt by the House Business Committee of a notice under
paragraph (1), the House Business Committee shall consider the notice and give
Notice of Motion to approve the removal of the member of Chairpersons Panel whom
the Speaker proposes to discharge.
(3) The discharge of a Member of the Panel shall not take effect until the House has
approved the Motion for removal of the member of the Panel under paragraph (2).
(4) Immediately after approving the removal of a member from the Panel, the Speaker
shall forward a name of another member to replace the discharged member to the
House Business Committee which shall table a motion for approval of the nominee
within Seven(7) days after the assembly approves removal a member from the
Chairperson Panel
19
Presiding in the Assembly
18. (1)The Speaker shall preside at any sitting of the Assembly but in absence of the Speaker,
the Deputy Speaker shall preside and in absence of the Speaker and the Deputy Speaker, a
member of the Chairpersons Panel shall preside.
(2) Whenever a member of the Chairpersons Panel is presiding over a sitting of the
Assembly, the approval of the members of the Chairpersons Panel under Standing Order
16(Nomination and Approval of the Members of Chairperson Panel) shall be deemed to be
an election for purposes of Article 178(2) of the Constitution.
PART IV – THE LEADER OF THE MAJORITY PARTY AND THE LEADER OF THE
MINORITY PARTY
Leader of the Majority Party and Deputy Leader of the Majority Party
19. (1) The largest party or coalition of parties in the Assembly shall elect-
(a) a member of the Assembly belonging to the party or coalition of parties to be the
Leader of the Majority Party;
(b) a member of the Assembly belonging to the party or coalition of parties to be the
Deputy Leader of the Majority Party.
(2) In electing members under paragraph (1), the largest party or coalition of parties in the
Assembly shall take into account-
(a) any existing coalition agreement entered into pursuant to the Political Parties Act;
(b) the need for gender balance.
(3) A member elected under paragraph (1) may be removed by a majority of votes of all
members of the largest party or coalition of parties in the Assembly.
(4) The removal of a member from office under paragraph (3) shall not take effect until a
member is elected in the manner provided for under paragraph (1) in his or her place.
(5) The whip of the largest party or coalition of parties in the Assembly shall forthwith, upon a
decision being made under this Standing Order, communicate to the Speaker, in writing
the decision together with the minutes of the meeting at which the decision was made.
Leader of the Minority Party and Deputy Leader of the Minority Party
20. (1) The Minority party or coalition of parties in the Assembly shall elect-
(a) a member of the Assembly belonging to the party or coalition of parties to be the
Leader of the Minority Party;
(b) a member of the Assembly belonging to the party or coalition of parties to be the
Deputy Leader of the Minority Party.
(2) In electing members under paragraph (1), the minority party or coalition of parties in the
Assembly shall take into account-
(a) any existing coalition agreement entered into pursuant to the Political Parties Act;
(b) the need for gender balance.
20
(3) A member elected under paragraph (1) maybe removed by a majority of votes of all
members of the minority party or coalition of parties in the National Assembly.
(4) The removal of a member from office under paragraph (3) shall not take effect until a
member is elected in the manner provided for under paragraph (1).
(5) The whip of the minority party or coalition of parties in the Assembly shall forthwith,
upon a decision being made under this Standing Order, communicate to the Speaker, in
writing the decision together with the minutes of the meeting at which the decision was
made.
PART V- WHIP OF MAJORITY PARTY AND WHIP OF MINORITY PARTY
Whip of Majority Party and Deputy Whip of Majority Party
21. . (1) The Majority party or coalition of parties constituting the majority party in the Assembly
shall elect
a) a member of the Assembly belonging to the party or coalition of parties, who shall
be the whip of the Majority County Assembly party.
b) a member of the Assembly belonging to the party or coalition of parties, who shall
be the deputy whip of the Majority County Assembly party and who shall be
entitled to deputize the Whip of the Majority Party, in the event of his/her
absence.
(2) The Whip of the Majority County Assembly party shall be responsible for;
a) mobilizing members of the Majority County Assembly party for the purpose of
transacting business in the Assembly,
b) any other responsibility that shall be accorded to him or her by these Standing
Orders, and
c) Any other function that the Assembly may resolve.
(3) In electing the members under Paragraph 1 above, where the Majority party is a
coalition, regard shall be accorded to any existing coalition agreement entered into pursuant
to the Political Parties Act.
Removal of the Whip of Majority Party or Deputy Whip of Majority Party.
22. (1) The Whip of the Majority party or Deputy Whip of Majority Party may be removed by a
decision of the majority of votes of all members of the Majority County Assembly party.
(2) The Leader of County Assembly majority party shall forthwith, upon a decision being
made under this Standing Order, communicate to the Speaker, in writing the decision
together with minutes of the meeting which the decision was made.
Whip of Minority Party and Deputy Whip of the Minority Party
23. (1) The Minority party or coalition of parties constituting the Minority County Assembly party
shall elect
a) a member of the Assembly belonging to the party or coalition of parties,
who shall be the whip of the Minority County Assembly party.
21
b) a member of the Assembly belonging to the party or coalition of parties,
who shall be the deputy whip of the Minority County Assembly party and
who shall be entitled to deputize the Whip of the Minority Party, in the
event of his/her absence.
(2) The Whip of the Minority County Assembly party shall be responsible for;
a) mobilizing members of the Minority County Assembly party for the purpose of
transacting business in the Assembly,
b) any other responsibility that shall be accorded to him or her by these Standing
Orders, and
c) Any other function that the Assembly may resolve.
(3) In electing the Whip of the Minority County Assembly party where such party is a
coalition, regard shall be accorded to any existing coalition agreement entered into pursuant
to the Political Act.
Removal of the Whip of Minority Party or the Deputy Whip of the Minority Party.
24. (1) The Whip of the Minority party or the Deputy Whip of the Minority Party may be
removed by a decision of the majority of votes of all members of the Minority party.
(2) The Leader of County Assembly minority party shall forthwith, upon a decision being
made under this Standing Order, communicate to the Speaker, in writing the decision
together with minutes of the meeting which the decision was made.
PART VI – ADDRESS BY GOVERNOR, SENATOR AND VISITING DIGNITARY
Governor’s address on opening of new Assembly
25. (1) The Governor shall address the opening of each newly elected Assembly.
(2) At the conclusion of the Governor’s address, the sitting shall stand suspended or
adjourned as the Speaker may direct until such time or to such day as may be specified by the
Speaker.
Governor’s address on special sitting
26. (1) The Governor shall address a special sitting of the Assembly in Chamber once every year
and may address the Assembly at any other time and place.
(2) The Speaker shall notify the Members of the place, date and time of a sitting under
paragraph (1).
(3) Whenever the Speaker has been informed that the Governor will address a special sitting
of Assembly on a specified day and time, then on that day, no Motion for the adjournment of
the Assembly shall be made before the time for which the Governor’s arrival has been notified.
Governor entering or leaving the Chamber
27. Members shall be called to order and stand in silence whenever the Governor enters or leaves
the Chamber
22
Governor’s address to Assembly
28. (1) Whenever the Governor addresses Assembly, the Speaker of the Assembly shall take the
seat on the right of the Governor and the Senators of the County shall take the seat on the left
of the Governor.
(2) When delivering an address to the Assembly, the Governor shall be heard in silence and
the address shall not be followed by any comment or question.
(3) Whenever the Governor delivers an Address, a Member may as soon as practicable
thereafter, lay the Address on the Table of the Assembly following the reading of such
Address.
(4) A Member may give a notice of Motion that “The Thanks of the Assembly be recorded
for the exposition of public policy contained in the Address of the Governor” but debate
on the Motion shall not exceed four sitting days.
Address by the Senator or Visiting dignitary
29. (1) The Speaker may, in consultation with the Leader of the Majority Party and the Leader of
the Minority Party, allow the Senator of the County or a visiting Governor or other such
visiting dignitary, to address the Assembly on such occasions as may be appropriate.
(2) Standing Order 27 (Governor entering or leaving Chamber) and paragraphs (1), (3) and (4)
of Standing Order 28 (Governor’s address to Assembly) shall, with necessary modifications,
apply to the Senator, visiting Heads of State and such other dignitaries
PART VII – CALENDAR, SITTINGS AND ADJOURNMENTS OF THE ASSEMBLY
Regular Sessions of the Assembly
30. (1) Except for the Session commencing immediately after a general election, the regular
Sessions of the Assembly shall commence on the second Tuesday of February and terminate
on the first Thursday of December.
(2) Despite paragraph (1), the Assembly may, by resolution, alter the dates specified under
paragraph (1) in respect of a particular Session.
(3) Subject to paragraph (1), the Assembly shall continue to be in session and may adjourn
for such number of days as it may determine in its calendar.
(4) Despite paragraphs (1), (2) and (3), a period of three months shall not intervene between
the last sitting of the Assembly in one Session and the first sitting thereof in the next
Session.
Calendar of the Assembly
31. (1) The House Business Committee shall, with approval of the Assembly, determine the
calendar of the Assembly.
23
(2) The calendar of the Assembly once approved shall be published in the gazette and or
County Gazette, Assembly website
(3) On a day when the Assembly is scheduled to adjourn to a day other than the next
normal sitting day in accordance with the Assembly Calendar, the Leader of the Majority
Party or the Leader of the Minority Party or another member of the House Business
Committee shall move a Motion of adjournment which shall be debated for not more than
three hours after which the Assembly shall adjourn.
(4) Despite paragraph (2) the Assembly may, by resolution, alter its Calendar or the
adjournment date.
Special sittings of the House
32. (1) Whenever during a Session the House stands adjourned, whether or not a day has been
appointed for the next meeting, the Speaker may, on the request of the Leader of the
Majority Party or the Leader of the Minority Party, appoint a day for a special sitting of the
House.
(2) The Speaker may allow a request under paragraph (1) if the Speaker is satisfied that the
business proposed to be transacted is urgent or exceptional.
(3) The Speaker shall, by notice in the Gazette, notify the Members of the place, date and
time appointed for the special sitting of the House.
(4) Whenever the House meets for a special sitting under paragraph (1), the Speaker shall
specify the business to be transacted on the day or days appointed and the business so
specified shall be the only business before the House during the special sitting, following
which the House shall stand adjourned until the day appointed in the Assembly calendar.
Hours of meeting
33. (1) Unless the Speaker, for the convenience of the House otherwise directs, the House
shall meet at 9.30 a.m. on Wednesday and Thursday, and at 2.30 p.m. on Tuesday and
Wednesday, but more than one sitting may be directed during the same day.
(2) Unless for the convenience of the House the Speaker or the Chairperson (as the case
may be) directs earlier or later interruption of business, at 6.30 p.m. or (if it is an Allotted
Day) at 7.00 p.m., on the occasion of an afternoon sitting and at 12.30 p.m. on the occasion
of a morning sitting, the Speaker or the Chairperson of Committees shall interrupt the
business then under consideration and if the House is in Committee the Chairperson shall
leave the Chair and report progress and ask leave to sit again.
(3) Notwithstanding paragraphs (1) and (2), the House may resolve-
(a) to extend its sitting time, or
(b) to meet at any other time on a sitting day; or
(c) to meet on any other day, in order to transact business.
(4) A Motion under paragraph (3) (a) shall be moved at least thirty minutes before the
time appointed for adjournment.
24
(5) If at the time appointed for the interruption of business, a division is in progress, or a
question is being put from the Chair and a division results immediately thereon, such
interruption shall be deferred until after the declaration of the numbers and the result of
the division.
(6) Upon the conclusion of all proceedings under paragraphs (2), (3) or (4) of this
Standing Order, or upon the earlier completion or deferment of all business standing
upon the Order Paper for the sitting, the Speaker shall adjourn the House without
question put.
Adjournment of the House
34. (1) A Member may at any time, for reasons stated, seek leave to move “That, this House do
now adjourn.”
(2) If the Speaker is of the opinion that such Motion for adjournment of the House is
frivolous, vexatious, or an abuse of the proceedings of the House, the Speaker may
forthwith put the question thereon or decline to propose it.
(3) The debate on a Motion under this Standing Order shall be confined to the matter of
the Motion.
Resumption of interrupted business
35. Any debate interrupted under this Part shall on coming again before the House or the
Committee, be resumed at the point where it was interrupted and any Member whose
speech was so interrupted shall have the right to speak on such resumption for the
remainder of the time available to him or her but if such Member does not avail himself or
herself of this right, his or her speech shall be deemed to have been concluded.
Adjournment on definite matter of urgent county importance
36. (1) Any Member may at any time rise in his or her place and seek leave to move the
adjournment of the House for the purpose of discussing a definite matter of urgent county
importance.
(2) A Member who wishes to seek leave to move the adjournment of the House shall, at
least two hours before the commencement of the sitting, hand to the Speaker a written
notification of the matter but the Speaker shall refuse to allow the claim, unless the
Speaker is satisfied that the matter is definite, urgent and of county importance and may
properly be raised on a Motion for adjournment of the House.
(3) If the Speaker is satisfied in terms of paragraph (2) and not less than ten other
Members rise in their places in support, the Speaker shall nominate a time on the same
day at which such Motion may be moved.
(4) No Member speaking on a matter under this Standing Order shall speak for more than
five minutes without the leave of the House, except that the Mover may speak for ten
minutes.
25
PART VIII – QUORUM OF THE ASSEMBLY
Quorum at commencement of the Assembly
37. (1)A quorum of the Assembly or of a Committee of the whole Assembly shall be one third
of its members.
(2) If there is not a quorum present when the Chair is taken, at the time appointed for a
meeting of the Assembly, immediately after the saying of the prayer, the Speaker shall
order the bell to be rung for ten minutes, and if no quorum is present at the expiration of
the ten minutes, the Speaker may direct that the bell be rung for a further five minutes
and if there is still no quorum present, the Speaker shall adjourn the Assembly forthwith
to the next sitting.
Quorum during the proceeding of the Assembly
38. (1) If at any time after the Chair is taken, or when the Assembly is in Committee, a
Member objects that there is not a quorum present, the Speaker or the Chairperson shall
order a count of the Assembly or the Committee as the case may be.
(2) If on the count under paragraph (1) a quorum does not appear to be present, the
Speaker or the Chairperson shall cause the division bell to be rung as on a division, and if
no quorum is present at the expiration of eight minutes-
(a) if the Speaker is in the Chair, the Speaker shall adjourn the Assembly until the
next sitting without question put;
(b) if the Assembly is in Committee, the Chairperson shall leave the Chair and
report the fact to the Speaker, who shall adjourn the Assembly until the next
sitting without question put.
(3) Whenever the Speaker or the Chairperson, as the case may be, is engaged in counting
the Assembly or the Committee respectively, the doors shall remain unlocked but no
Member shall be allowed to leave the Chamber, except a party whip who may be
permitted to leave the Chamber to seek the Members required to raise a quorum.
Quorum during voting or division
39. If, from the number of Members taking part in an electronic voting or roll call division, it
appears that the Members do not themselves constitute a quorum, the vote or division
shall be invalid and the business then under consideration shall stand over until the next
sitting and the Speaker shall proceed as if his or her attention had been drawn to the
absence of a quorum, but if after so proceeding a quorum is then present, the next
business shall be entered upon.
26
Decorum when quorum not present
40. When the Quorum bell is ringing members shall maintain order in the Assembly.
PART IX – ORDER OF BUSINESS
Order Paper to be prepared and circulated
41. (1) The Order Paper shall be prepared by the Clerk, showing the business to be placed
before or taken by the Assembly and the order in which it is to be taken, including a
notice paper showing the business for each sitting day of the week, together with such
other information as the Speaker may from time to time direct.
(2) The Order Paper shall be published and made available to members, at least twelve
hours before the Assembly meets, but a Supplementary Order Paper shall be made
available at least one hour before the Assembly meets.
Weekly programmes of the business of the Assembly
42. The Clerk shall prepare and publish weekly programmes showing the business of the
Assembly and the schedule of sittings of the various committees and shall circulate such
programmes to Members, County Departments, and the media not later than the Friday of
the week preceding such business.
Sequence of proceedings
43. (1) Each day after Prayers have been said and the County Assembly has been called to
order, the Business of the County Assembly shall be proceeded with in the following
sequence-
(i) Administration of Oath;
(ii) Communication from the Chair;
(iii) Messages;
(iv)Petitions;
(v) Papers;
(vi)Notices of Motion;
(vii) Statements;
(viii) Motions and Bills
(2) Business shall be disposed of in the sequence in which it appears in the Order Paper or
in such other sequence as the Speaker may, for the convenience of the County Assembly,
direct.
(3) On Wednesday morning, a Bill or a motion not sponsored by the Majority or Minority
Party or a member belonging to the Majority or Minority Party or by a Committee, shall
have precedence over all other business in such order as the County Assembly Business
Committee shall ballot
(4) The Speaker shall direct the Clerk to read the Orders of the Day without question put.
27
PART X – MESSAGES
Messages to and from the Senate
44. (1) A message from the Assembly to the Senate shall be in writing and shall be signed by
the Speaker.
(2) The Clerk of the Assembly shall transmit a message from the Assembly to the Clerk of
the Senate and shall receive messages from the Senate.
(3) The Clerk shall deliver to the Speaker a message received from the Senate under
paragraph (2) at the first available opportunity after receipt and in any event not later than
the next day not being a Saturday, Sunday or public holiday.
(4) If a message is received from the Senate, at a time when the Assembly is in session, the
Speaker shall report the message to the Assembly at the first convenient opportunity after
its receipt and in any event not later than the next sitting day.
(5) If a message is received from the Senate, at a time when the Assembly is not in session,
the Speaker shall forthwith cause the message to be transmitted to every Member and
shall report the message to the Assembly on the day the Assembly next sits.
(6) When the Speaker reports a message from the Senate under paragraph (4) or (5), the
message shall be deemed to have been laid before the Assembly and the Speaker may
either-
(a) direct that the message be dealt with forthwith, or
(b) appoint a day for the consideration of the message; or
refer the message to the relevant Committee of the Assembly for consideration.
Messages from the Governor and the Senator
45. (1) The Speaker shall read to the Assembly any message from the Governor or the Senator
of the County delivered to the Speaker for communication to the Assembly.
(2) If a message is received from the Governor or the Senator of the County, at a time
when the Assembly is not in session, the Speaker shall forthwith cause the message to be
transmitted to every Member and shall report the message to the Assembly on the day the
Assembly next sits.
(3) When a message from the Governor or the Senator of the County is read, the message
shall be deemed to have been laid before the Assembly and the Speaker may either-
(a) direct that the message be dealt with forthwith, or
(b) appoint a day for the consideration of the message; or
refer the message to the relevant Committee of the Assembly for consideration.
PART XI – STATEMENTS
28
Members’ general statements
46. (1) Notwithstanding Standing Order 33 (Hours of Meeting), the Speaker shall interrupt the
business of the Assembly every Thursday before 6.00 pm to facilitate members to make
general statements of topical concern.
(2) A member who wishes to seek leave to raise a matter under this Standing Order shall,
before 2.30 pm on the day the statement is to be made, hand to the Speaker a written
notification of the matter, but the Speaker shall refuse to allow the request unless satisfied
that the matter may properly be discussed in the Assembly.
(3) No member making a statement under this Standing Order shall speak for more than
three minutes, unless with permission of the Speaker.
Statement Hour
47. (1) Notwithstanding Standing Order 43 (Sequence of Proceedings), there shall be time, to
be designated Statements Hour, every Thursday, commencing not later than 3.00 pm.
(2) During the Statements Hour-
(a) a member of the House Business Committee designated by the Committee for
that purpose shall, every Thursday or on the last sitting day, for not more than
ten minutes, present and lay on the Table, a statement informing the
Assembly of the business coming before the Assembly in the following week;
(b) the Leader of the Majority Party, or the Leader of the Minority Party as the
case may be, or their designees may make a statement relating to their
responsibilities in the Assembly or the activities of a Committee;
(c) A member may request for a statement from the Committee chairperson
relating to matters under the mandate of the Committee and the Speaker may
either appoint a day for the statement or direct that the statement be issued
on the same day.
(d) Where a Member requests for a statement from a Committee Chairperson
relating to matters under the mandate of the Committee, the Speaker may
either appoint a day for the statement or direct that the statement be issued
on the same day, and the statement sought must be restricted to matters
within the mandate of the Committee and which have been exhaustively dealt
with and concluded by the Committee or where the Chairperson is authorized
by Members to issue preliminary reports to the House.

29
PART XII – APPROVAL OF PUBLIC APPOINTMENTS
Committal to committees
48. (1) Upon receipt of a notification of nomination for appointment to an office as is under
the Constitution or under any other legislation required to be approved by the Assembly,
the nomination shall stand committed to the relevant Sectoral Committee of the
Assembly for consideration.
(2) Despite paragraph (1), appointments under Article 179(2) (b) of the Constitution shall
stand committed to the Committee on Appointments.
(3) Before holding an approval hearing, the Committee to which proposed appointments
have been referred shall notify the candidate and the public of the time and place for the
holding of the approval hearing at least seven days prior to the hearing.
(4) The Committee shall conduct a hearing on the proposed appointment and shall, unless
otherwise provided in law, table its report in the Assembly within fourteen days of the
date on which the notification was received under paragraph (1)
PART XIII – MOTIONS
Notices of Motions
49. (1) Except as otherwise provided by these Standing Orders, notice shall be given by a
Member of any Motion which the Member or Committee proposes to move.
(2) Before giving notice of Motion, the Member shall deliver to the Clerk a copy of the
proposed Motion in writing and signed by the Member; and the Clerk shall submit the
proposed Motion to the Speaker.
(3) If the Speaker is of the opinion that any proposed Motion –
(a) is one which infringes, or the debate on which is likely to infringe, any of these
Standing Orders;
(b) is contrary to the Constitution or an Act of Parliament or of the Assembly,
without expressly proposing appropriate amendment to the Constitution or
the Act of Parliament or Assembly;
(c) is too long;
(d) is framed in terms which are inconsistent with the dignity of the Assembly;
(e) contains or implies allegations which the Speaker is not satisfied that the
Mover can substantiate; or
(f) calls for the commitment of public funds for which no provision is made in the
Annual Estimates as adopted by the Assembly,
30
the Speaker may direct either that, the Motion is inadmissible, or that notice of it
cannot be given without such alteration as the Speaker may approve or that the
motion be referred to the relevant committee of the Assembly, if it contains
provisions dealing with—
i. taxes;
ii. the imposition of charges on a public fund or the variation or repeal of any
of those charges;
iii. the appropriation, receipt, custody, investment or issue of public money;
iv. the raising or guaranteeing of any loan or its repayment; or
v. matters incidental to any of those matters.
(4) A Member giving notice of a Motion approved by the Speaker shall state its terms to
the Assembly and whether the original copy received by the Clerk has been certified by a
party leader or party whip for sponsorship by the Member’s party.
(5) Unless the Assembly resolves otherwise—
(a) a Motion sponsored by a party shall have precedence over all other Motions on
such day as the House Business Committee, in consultation with the Speaker, may
determine, but where a party has sponsored two or more motions, the Motion
shall be considered in such order as sponsoring party may determine;
(b) notice of an approved Motion other than those under paragraph (a) may be given
to Members by means of a list to be published in such manner as the Speaker may
from time to time direct and the Member giving such notice shall state its terms to
the Assembly when the Motion has acquired precedence in accordance with
Standing Order 52 (Time for moving Motions), but at least one day before the
Motion appears on the Order Paper.
Amendment of Notice of Motion
50. The Speaker may permit a Member to move in amended form a Motion of which notice
has been given if in the opinion of the Speaker the amendment does not materially alter
any principle embodied in the Motion of which notice has been given.
Certain Motions not to be moved
51. (1) No Motion may be moved which is the same in substance as any question which has
been resolved (either in the affirmative or in the negative) during the preceding six
months in the same Session.
(2) Despite paragraph (1)-
(a) a Motion to rescind the decision on such a question may be moved with the
permission of the Speaker;
(b) a Motion to rescind the decision on a question on a Special Motion shall not be
allowed.
Time for moving Motions
52. (1) The County Assembly Business Committee shall allot the time and sequence of the
publication in the Order Paper of every Motion approved by the Speaker.
(2) Save for a Special Motion, a Member who has a Motion standing in his or her name
may authorize, in writing, another Member to move that Motion in the Member’s stead.
31
(3) Where no Member moves a Motion at the time specified by or under these Standing
Orders, such Motion shall not again be published in the Order Paper during the same
Session except with the leave of the Speaker.
Motion withdrawn may be moved again
53. A notice of Motion may be withdrawn by the Member who gave the notice, but notice of
the same Motion may be given again either by the same or by any other Member.
Motions which may be moved without Notice
54. The following Motions may be moved without notice-
(a) Motion by way of amendment to a question already proposed from the Chair;
(b) Motion for the adjournment of the Assembly or of a debate;
(c) Motion that the Assembly do dissolve itself into a Committee of the whole County
Assembly;
(d) Motion moved when the Assembly is in Committee;
(e) Motion for the suspension of a Member;
(f) Motion made in accordance with the Standing Orders governing the procedure as to
Bills;
(g) Motion for the agreement of the Assembly with a Committee of the whole Assembly in
a resolution reported, or for the recommittal thereof or for the postponement of the
further consideration thereof;
(h) Motion raising a question of privilege;
(i) Motion for the orders of the County Assembly under these Standing Orders;
(j) Motion made under Standing Order 231 (Exemption of business from Standing Orders);
(k) Motion made for the limitation of a debate under Standing Order 96 (Limitation of
debate);
(l) Motion made for the postponement or discharge of, or giving precedence to an order of
the day; and
(m) Motion for the extension of sitting time of the County Assembly.
Manner of debating Motions
55. (1) When a Motion has been moved and if necessary seconded, the Speaker shall propose
the question thereon in the same terms as the Motion, and debate may then take place
upon that question.
(2) At the conclusion of the debate, the Speaker shall put the question.
(3) Despite paragraph (2), the Speaker may, on the request of a member, defer the putting
of the question to the following day in which case the Speaker shall thereupon nominate a
time at which the question shall be put.
Amendments to Motions
56. (1) Unless otherwise provided in these Standing Orders, any amendment to a
Motion which a Member wishes to propose in accordance with these Standing Orders may
be moved and, if necessary seconded at any time after the question upon the Motion has
been proposed and before it has been put.
32
(2) When every amendment under paragraph (1) has been disposed of, the Speaker shall
either again propose the question upon the Motion or propose the question upon the
Motion as amended as the case may require, and after any further debate which may arise
thereon, shall put the question.
(3) Upon any amendment to leave out any of the words of the Motion, the question to be
proposed shall be “That, the words proposed to be left out be left out”.
(4) Upon any amendment to insert words in, or add words at the end of a Motion, the
question to be proposed shall be “That, the words [of the amendment] be inserted”
(or “added”).
(5) Upon any amendment to leave out words and insert or add other words instead, a
question shall first be proposed “That, the words proposed to be left out be left out of
the question”, and if that question is agreed to, the question shall then be proposed,
“That, the words [of the amendment] be therein inserted” (or “added”), but if the
first question is negatived, no further amendment may be proposed to the words which it
has been decided shall not be left out.
(6) When two or more amendments are proposed to be moved to the same Motion, the
Speaker shall call upon the movers in the order in which their amendments relate to the
text of the Motion, or in cases of doubt, in such order as the Speaker shall decide.
(7) An amendment to leave out words and replace those words with other words shall take
precedence before any amendment to leave out words without proposing to replace those
words with other words.
(8) No amendment may be moved which relates to any words which it has been decided
shall not be left out of a Motion.
(9) An amendment to an amendment may be moved and if necessary seconded at any
time after the question upon the original amendment has been proposed and before it has
been put.
(10) Paragraphs (3), (4), (5), (6), (7), (8) and (9) of this Standing Order shall apply to the
debate of amendments to amendments with the substitution whenever appropriate of the
words “original amendment” for the word “question”.
(11) When every amendment to an amendment has been disposed of, the Speaker shall,
either again propose the question upon the original amendment or propose the question
upon the original amendment, as amended as the case may require.
Amendments to be in writing
57. (1) The proposer of an amendment to a Motion shall, before moving it, hand the proposed
amendments in writing, signed by the proposer, to the Clerk at least two hours before the
order is read.
(2) Despite paragraph (1), the Speaker may, in exceptional circumstances, allow a Member
to move an amendment to a Motion before the House at any time during consideration of
that Motion.
Amendments to be relevant to Motion
58. (1)Every amendment shall be relevant to the Motion which it seeks to amend and shall not
raise any question which, in the opinion of the Speaker, should be raised by a substantive
Motion after notice given.
33
(2) No amendment shall be permitted if in the opinion of the Speaker, it represents a
direct negative of the question proposed.
Question proposed after Motion made
59. (1)The question on any Motion shall not be proposed unless it shall have been seconded
and any Motion that is not seconded shall be deemed to have been withdrawn, and shall
not be moved again in the same Session.
(2) Despite paragraph (1), a Motion made in Committee shall not require to be seconded.
Motion in possession of the County Assembly
60. After the question has been proposed on a Motion, the Motion shall be deemed to be in
the possession of the County Assembly, and such Motion shall not be withdrawn without
the leave of the County Assembly.
Question as amended put
61. When a question has been amended it shall, when put, be put as amended.
When amendment proposed but not made
62. When any amendment has been proposed but no amendment has been made, the
question when put shall be put as originally proposed.
PART XIV- PROCEDURE FOR REMOVAL FROM STATE OFFICE
Procedure for removal of the Speaker
63. (1) The Speaker may be removed from office by the assembly through a resolution
supported by not less than seventy five percent of all the members of the Assembly.
(2) A notice of the intention to move a motion for a resolution to remove the Speaker shall
be given in writing to the Clerk of the Assembly, signed by at least one third of all the
members of the Assembly stating the grounds for removal.
(3) A motion for a resolution to remove the speaker shall be presided over by a member of
the Assembly elected to act as speaker as contemplated under Article 178 (2) (b) of the
Constitution.
(4) Before the debate and voting on a motion under paragraph (3), the Speaker shall be
accorded an opportunity to respond to the allegations on the floor of the assembly.
Removal of deputy speaker
Procedure for removal of Deputy Speaker
64.
a. (1)The Deputy Speaker may be removed from the office through a
resolution supported by simple majority of the members present
34
(2) Notice of the intention to move a motion for a resolution to remove the Deputy
Speaker shall be given in writing to the Speaker of the Assembly signed by at least
two members of the Assembly stating grounds for removal
(3) The Deputy Speaker shall be served with the Notice of Motion to remove him or
her I office at least two hours before debate on the motion
(4) Before voting on a motion to remove the Deputy Speaker, he/ she shall be
accorded an opportunity to respond to the allegations on the floor of the Assembly
(5) Upon a resolution to remove the Deputy Speaker, the office shall fall vacant
forthwith.
Procedure for removal of Governor by impeachment
65. (1) Before giving notice of Motion under, section 33 of the County Governments Act, 2012
the member shall deliver to the Clerk a copy of the proposed Motion in writing stating the
grounds and particulars upon which the proposal is made, for the impeachment of the
Governor on the ground of a gross violation of a provision of the Constitution or of any
other law; where there are serious reasons for believing that the Governor has committed
a crime under national or international law; or for gross misconduct or abuse of office.
The notice of Motion shall be signed by the Member who affirms that the particulars of
allegations contained in the motion are true to his or her own knowledge and the same
verified by each of the members constituting at least a third of all the members and that
the allegations therein are true of their own knowledge and belief on the basis of their
reading and appreciation of information pertinent thereto and each of them sign a
verification form provided by the Clerk for that purpose.
(2) The Clerk shall submit the proposed Motion to the Speaker for approval.
(3) A member who has obtained the approval of the Speaker to move a Motion under
paragraph (1) shall give a seven (7) days’ notice calling for impeachment of the Governor.
(4) Upon the expiry of seven (7) days, after notice given, the Motion shall be placed on the
Order Paper and shall be disposed of within three days; Provided that if the Assembly is
not then sitting, the Speaker shall summon the Assembly to meet on and cause the
Motion to be considered at that meeting after notice has been given.
(5) When the Order for the Motion is read, the Speaker shall refuse to allow the member
to move the motion, unless the Speaker is satisfied that the member is supported by at
least a third of all Members of the Assembly to move the motion; Provided that within the
seven days’ notice, the Clerk shall cause to be prepared and deposited in his office a list of
all Members of the Assembly with an open space against each name for purposes of
appending signatures, which list shall be entitled “ SIGNATURES IN SUPPORT OF A
MOTION FOR REMOVAL OF GOVERNOR BY IMPEACHMENT”
(6)The mover shall provide to the speaker, at least one hour before the sitting of the
assembly, a list signed by members in support of the motion.
(7) Any signature appended to the list as provided under paragraph ( 6) shall not be
withdrawn.
35
( 8) When the Motion has been passed by two-thirds of all members of the Assembly, the
Speaker shall inform the Speaker of the Senate of that resolution within two days
Procedure for removal of Deputy Governor
66. The Standing Orders relating to removal of Governor shall apply, with the necessary
modifications, to the removal of the Deputy Governor
Procedure for removal of Member of County Executive Committee
67. (1) Before giving notice of Motion under section 40 of the County Governments Act, 2012,
the member shall deliver to the Clerk a copy of the proposed Motion in writing stating
the grounds and particulars upon which the proposal is made, for requiring the Governor
to dismiss a Member of County Executive Committee on ground of a gross violation of a
provision of the Constitution or of any other law; where there are serious reasons for
believing that the Member of county executive has committed a crime under national or
international law; or for gross misconduct. The notice of Motion shall be signed by the
Member and the Clerk shall submit the proposed Motion to the Speaker for approval.
(2) A member who has obtained the approval of the Speaker to move a Motion under
paragraph (1) shall give a three (3) days’ notice calling for dismissal of a Member of
County Executive Committee by the Governor.
(3) Upon the expiry of three (3) days, after notice given, the Motion shall be placed on the
Order Paper and shall be disposed of within three days;
(4) When the Order for the Motion is read, the Speaker shall refuse to allow the member to
move the motion, unless the Speaker is satisfied that the member is supported by at least
one-third of all Members of the Assembly to move the motion. Provided that within the
seven days’ notice, the Clerk shall cause to be prepared and deposited in his office a list of
all Members of the Assembly with an open space against each name for purposes of
appending signatures, which list shall be entitled “ SIGNATURES IN SUPPORT OF A
MOTION FOR REMOVAL OF Mr./Mrs./Ms———————– MEMBER OF COUNTY
EXECUTIVE COMMITTEE”
Provided further that the Mover shall provide to the Speaker, at least one hour before the
sitting of the Assembly, a list signed by members in support of the motion.
(5) Any signature appended to the list as provided under paragraph (4) shall not be
withdrawn.
(6) When the Motion has been passed by at least one-third of all members of the Assembly,
the Assembly shall, within seven (7) days, appoint a special committee comprising of a
third of the Members to investigate the matter; and shall, within ten days, report to the
Assembly whether it finds the allegations against the Member of county executive to be
substantiated.
(7) The Member of County Executive has the right to appear and be represented before the
select committee during its investigations.
36
(8) No further proceedings shall be taken on the matter if the select committee finds the
allegations unsubstantiated.
(9) If the select committee reports that it finds the allegations substantiated, the Assembly
shall afford the Member of County Executive an opportunity to be heard and vote whether
to approve the resolution requiring the Member of County Executive to be dismissed.
(10)If a resolution requiring the Governor to dismiss a Member of County Executive is
supported by a majority of the members of the Assembly the Speaker shall promptly
deliver the resolution to the Governor and the Member shall be considered dismissed.
Right to be heard
68. (1) Whenever the Constitution, any written law or these Standing Orders –
(a) requires the Assembly to consider a petition or a proposal for the removal of a
person from office, the person shall be entitled to appear before the relevant
Committee of the Assembly considering the matter and shall be entitled to
legal representation;
(b) requires the Assembly to hear a person on grounds of removal from office, or
in such similar circumstances, the Assembly shall hear the person-
(i) at the date and time to be determined by the Speaker;
(ii) for a duration of not more than two hours or such further time as the
Speaker may, in each case determine; and
(iii) in such other manner and order as the Speaker shall, in each case,
determine.
(2) The person being removed from office shall be availed with the report of the select
Committee, together with any other evidence adduced and such note or papers
presented to the Committee at least three days before the debate on the Motion.
Priority of Motion
69. (1) A Motion for the removal of a person from office under this Part shall take precedence
over all other business on the Order Paper for the day.
(2) During the debate any Member may, with the permission of the Speaker and on
giving adequate notice, produce additional evidence in support of his or her
argument.
(3) When the Speaker is satisfied that the Motion has been adequately debated, the
Speaker shall call upon the person who is being removed from office to answer issues
raised in the debate, and thereafter call upon the mover of the Motion to reply.
37
PART XV – VOTING AND DIVISIONS
Voting in the Assembly
70. (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 “Noes” and shall declare the results
accordingly.
(3) On a question proposed for a decision in the Assembly, the Speaker has no vote.
(4)In determining the number of Members of the Assembly for the purpose of voting, the
Speaker shall not be counted as a Member.
Roll call Division claimed
71. (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
72. (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 “Noes” 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.
38
In case of confusion or error
73. 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
74. 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
75. (1) No Member shall be obliged to vote in a division, but those present and not voting shall
eithera) 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.
PART XVI – RULES OF DEBATE
Proceedings to be in Kiswahili, English or Kenyan Sign Language
76. (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
77. Every Member desiring to speak shall address a request to the Speaker.
Two or more Members requesting to speak
78. 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
79. (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.
39
No Member to speak after Question put
80. No Member shall speak to any question after the same has been put by the Speaker.
Speaking twice to a Question
81. (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
82. (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 103 (Grossly disorderly conduct) shall apply to any such
Member.
Personal Statements
83. 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
84. (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.
40
(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 accorded 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
85. 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
86. (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 or to a Senator except
upon a specific substantive Motion of which at least three days’ notice has been given, calling
in question the conduct of that Member or Senator.
(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
87. 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
88. (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.
41
(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.
(5) Notwithstanding this Standing Order, the Speaker may allow reference to any matter
before the Assembly or a Committee.
Declaration of interest
89. (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
90. (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 110 (Grave Disorder)
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
91. 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
92. (1)Where an amendment has been moved, and if necessary seconded, debate shall be confined
to the amendment.
42
(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
93. 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
94. (1) After the question on a Motion the Mover of which has a right of reply has been proposed,
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
95. (1) A Member who wishes to postpone to some future occasion the further discussion of 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
not subsequently move or second another such Motion during the same debate, whether
in the Assembly or in Committee of the whole Assembly.
43
PART XVII – LIMITATION OF DEBATE
Limitation of debate
96. (1) The Assembly may, on a Motion made by any Member in accordance with this Standing
Order, impose a limit in respect of debate on any particular Motion or Bill by allotting a
limited period of time for such debate or by limiting the time during which Members may
speak in such debate or by imposing such limitations.
(2) A Motion for limitation of debate under this Standing Order may be made without notice.
(3) A Motion under paragraph (2) shall not be made in the course of the debate to which it
refers unless it is moved after the adjournment of such debate and before the debate is
resumed.
(4) No Member may speak in a debate on Bills, Sessional Papers, Motions or Reports of
Committees for more than twenty minutes without the leave of the Speaker but the
Leader of Majority party and the Leader of Minority party may each speak for a maximum
of 60 minutes.
PART XVIII- ORDER IN THE ASSEMBLY AND IN COMMITTEE OF THE WHOLE
ASSEMBLY
Maintenance of order
97. Order shall be maintained in the Assembly by the Speaker and in a Committee of the whole
Assembly by the Chairperson of such Committee but disorder in Committee may be censured
only by the Assembly on receiving a report thereof.
Security checks
98. A Member shall be subjected to a security check or screening before entering the Chamber.
Firearms and other offensive weapons
99. No Member shall bring a firearm or any offensive weapon into the Chamber and any such
weapon must be deposited with the Sergeant-at-Arms for safe custody before entering the
Chamber, and collected at the time of leaving the Chamber.
When the Speaker rises Members to be silent
100. Whenever the Speaker or the Chairperson of Committees rises, any Member then
speaking, or offering to speak, shall resume his or her seat and the Assembly or the
Committee shall be silent, so that the Speaker or the Chairperson of Committees may be
heard without interruption.
Members and the Chair
101.(1) Every Member shall bow to the Chair in passing to or from his or her seat or across the
Floor of the Assembly but, a Member may show respect in any other manner consistent with
the Member’s faith and with the dignity of the Assembly.
44
(2) No Member shall pass between the Chair and any Member who is speaking or between the
Chair and the Table except in so far as it is necessary for the purpose of the administration
of Oath or affirmation of Allegiance.
Members to be seated
102. Except when passing to and from his or her seat or when speaking, every Member when in
the Chamber shall be seated, and shall not at any time stand in any of the passages and
gangways.
Members to remain in their places until the Speaker has left the Chamber
103. When the Assembly adjourns, Members shall stand in their places until the Speaker has
left the Chamber.
Irrelevance or repetition
104. The Speaker or the Chairperson of Committees, after having called attention to the
conduct of a Member who persists in irrelevance or tedious repetition either of the Member’s
own arguments or the arguments used by other Members in debate, may, after having first
warned him or her direct that the Member discontinue his or her speech.
Grossly disorderly conduct
105. (1) Conduct is grossly disorderly if the Member concerneda) creates actual disorder;
b) knowingly raises a false point of order;
c) uses or threatens violence against a Member or other person;
d) persists in making serious allegations without, in the Speaker’s opinion, adequate
substantiation;
e) otherwise abuses his or her privileges;
f) deliberately gives false information to the Assembly;
g) votes more than once in breach of these Standing Orders;
h) commits any serious breach of these Standing Orders; or
i) acts in any other way to the serious detriment of the dignity or orderly procedure of the
Assembly.
(2) The Speaker or the Chairperson of Committees shall order any Member whose conduct
is grossly disorderly to withdraw immediately from the precincts of the Assembly-
(a) on the first occasion, for the remainder of that day’s sitting;
(b) on the second or subsequent occasion during the same session, for a maximum
of three sitting days including the day of suspension,
(3) If on any occasion the Speaker or the Chairperson deems that his or her powers under
this Standing Order are inadequate, the Speaker or the Chairperson may name such
Member or Members, in which event the procedure specified in Standing Order 107
(Member may be suspended after being named) shall be followed.
Member may be suspended after being named
106. (1) Any Member may at any time, on a point of order, invite the Speaker or the
Chairperson of Committees to name another Member for grossly disorderly conduct, but
the decision whether or not to do so shall remain with the Speaker or Chairperson.
45
(2) Whenever a Member shall have been named by the Speaker or by the Chairperson,
then –
(a) if the breach has been committed by such Member in the Assembly, a Motion shall be
made by any other Member present “That, such Member (naming the Member) be
suspended from the service of the Assembly”, and the Speaker shall forthwith put the
question thereon, no amendment, adjournment, or debate being allowed;
(b) if the breach has been committed in a Committee of the whole Assembly, the
Chairperson shall forthwith leave the Chair and report the circumstances to the
Assembly; and the Speaker shall on a Motion as aforesaid being made, forthwith put
the question, no amendment, adjournment or debate being allowed, as if the offence
had been committed in the Assembly itself.
Member suspended to withdraw from precincts of Assembly
107. (1) Whenever a member has been named in accordance with Standing Order 106 (Member
may be suspended after being named), the Speaker shall order the Member to withdraw from
the Chamber and the precincts of the Assembly.
(2) Any Member who is ordered to withdraw under Standing Order 110(Gross Disorder) or
who is suspended from the service of the Assembly under Standing Order 106(Member may be
suspended after being named) shall forthwith withdraw from the precincts of Assembly and
shall during the period of such withdrawal or suspension (except during a recess) forfeit the
right of access thereto and shall forfeit all allowances payable during the period of such
suspension.
(3) Any Member who demonstrates or makes disruptive utterances against the suspension of a
named Member shall be deemed to be disorderly in accordance with Standing Order 110(Gross
Disorder).
Duration of suspension of a Member
108. (1) If any Member is suspended under Standing Order 106 (Member may be suspended after
being named) the suspension on the first occasion shall be for four sitting days including the
day of suspension; on the second occasion during the same Session for eight sitting days,
including the day of suspension; and on the third or any subsequent occasion during the
same Session for twenty-eight sitting days, including the day of suspension.
(2) A Member who is ordered to withdraw under Standing Order 110 (Grave Disorder) or who
is suspended from the service of the Assembly under Standing Order 106(Member may be
suspended after being named) shall forfeit all allowances payable during the period of such
suspension.
Action to be taken on refusal to withdraw
109. If any Member shall refuse to withdraw when required to do so, by or under these
Standing Orders, the Speaker or the Chairperson of Committee as the case may be, having
called the attention of the Assembly or Committee to the fact that recourse to force is
necessary in order to compel such Member to withdraw, shall order such Member to be
removed and such Member shall thereupon without question put be suspended from the
46
service of the Assembly during the remainder of the Session and shall during such suspension,
forfeit the right of access to the precincts of Assembly and the Sergeant-at-arms shall take
necessary action to enforce the order.
Grave disorder in the Assembly
110. (1) In the event of grave disorder arising in the Assembly, the Speaker may, adjourn the
Assembly forthwith or suspend any sitting for a period to be determined by him or her.
(2) In the event of grave disorder arising in the Committee of the whole Assembly, the
Speaker shall resume the Chair forthwith.
Speakers Rules
111. The Speaker may, from time to time, issue rules governing the conduct of Members within the
precincts of the Assembly.
PART XIX- PUBLIC BILLS
Application and limitation
112. The provisions of this Part shall apply in respect of all public Bills.
Introduction of Bills
113. (1) A legislative proposal for which a Member or a Committee is in charge shall, together with
a memorandum setting out its objectives and matters specified in Standing Order 116
(Memorandum of objectives and reasons) be submitted to the Speaker.
(2) The Speaker shall refer the legislative proposal and the memorandum to the Clerk who
shall consider the legislative proposal, draft it in proper form where necessary and submit it
to the speaker with comments on-
(a) whether the legislative proposal is a draft money Bill in terms of Section 21 of the
County Governments Act; and
(b) whether the legislative proposal conforms to the Constitution and the law and is in
order as to format and style in accordance with the Standing Orders.
(3) Upon receipt of the legislative proposal from the Clerk under paragraph (2), the Speaker
shall-
(a) where the Speaker is of the opinion that a legislative proposal is a draft money Bill
in terms of section 21 of the County Governments Act,2012, direct that the
legislative proposal be referred to the Budget Committee and shall be proceeded
with only in accordance with the recommendations of the Budget Committee after
taking into account the views of the Member of County Executive Committee
47
responsible for finance and examining the manner in which the legislative
proposal affects the current and future budgets;
(b) in respect of a legislative proposal for which no Committee is in charge, refer the
legislative proposal to the relevant Committee for pre-publication scrutiny and
comments and the Committee shall submit its comments on the legislative
proposal to the Speaker within fourteen days of receipt of the legislative proposal.
(4) Upon receipt of the recommendations of the Budget Committee or the comments of
the relevant Committee under paragraph (3), the Speaker shall direct either that the
legislative proposal be not proceeded with or that it be accepted, and if the Speaker
certifies that the legislative proposal is accepted the proposal shall be published as a Bill.
(5) Upon publication of a Bill in the County Gazette and the Kenya Gazette, the Clerk shall
obtain sufficient copies of the Bill and avail a copy of the Bill to every Member.
(6) A Bill shall be signed by the Member in charge of it and shall be introduced by way of
First Reading in accordance with Standing Order 122 (First Reading of Bills).
(7) A Bill for whom a Committee is in charge shall be introduced by the Chairperson of the
Committee or a Member of the committee designated by the committee for that purpose.
Printing of amending provisions
114. Where a Bill seeks to amend any provision of an existing Act, the text of the relevant part of
such provision shall be printed and supplied as part of the Bill which is availed to Members,
unless in the opinion of the Speaker, the amendment is formal, minor or self-explanatory.
Enacting formula
115. Every Bill shall contain, as the enacting formula, the words “Enacted by the Assembly
of………………”.
Memorandum of Objects and Reasons
116. Every Bill shall be accompanied by a memorandum containing:
(a) a statement of the objects and reasons of the Bill,
(b) a statement of delegation of legislative powers and limitation of fundamental
rights and freedom, if any,
(c) an indication whether it concerns county governments, and
(d) a statement of its financial implication and if the expenditure of public moneys
will be involved should the Bill be enacted, an estimate, where possible, of such
expenditure.
Provisions on delegated powers
117. Every Bill that confers on any State organ, State officer or person the authority to make
provision having the force of law in Kenya in terms of Article 94(6) of the Constitution shall
contain a separate and distinct part of the Bill under the title “Provisions on Delegated
Powers” in which shall be expressly specified –
(a) the purpose and objectives for which that authority is conferred;
(b) the limits of the authority;
48
(c) the nature and scope of the law which may be made; and
(d) the principles and standards applicable to the law made under the authority.
Limitation of fundamental rights and freedom
118. Every Bill that contains a provision limiting a right or fundamental freedom in terms of
Article 24(2) of the Constitution shall contain separate and distinct provisions-
(a) clearly expressing the specific right or fundamental freedom to be limited; and
(b) the nature and extent of that limitation
Publication
119. No Bill shall be introduced unless such Bill together with the memorandum referred to in
Standing Order 116 (Memorandum of objects and reasons), has been published in the
county Gazette or the Kenya Gazette (as a Bill to be originated in the Assembly), and
unless, in the case of a County Revenue Fund Bill, an Appropriation Bill or a
Supplementary Appropriation Bill, a period of seven days, and in the case of any other
Bill a period of fourteen days, beginning in each case from the day of such publication, or
such shorter period as the Assembly may resolve with respect to the Bill, has ended.
Not more than one stage of a Bill to be taken at the same sitting
120. (1) Except with the leave of the Assembly, not more than one stage of a Bill may be taken
at any one sitting.
(2) Paragraph (1) shall not apply to or in respect of an Appropriation Bill or a County
Revenue Fund Bill.
Reading of Bills
121. A Bill is read by the reading by the Clerk to the assembled Assembly of the title of the
Bill.
First Reading of Bills
122. Every Bill shall be read a First Time without Motion made or question put.
Committal of Bills to Committees and public participation
123. (1) A Bill having been read a First Time shall stand committed to the relevant Sectoral
Committee without question put.
(2) Notwithstanding paragraph (1), the Assembly may resolve to commit a Bill to a select
committee established for that purpose.
(3) The Sectoral Committee to which a Bill is committed shall facilitate public
participation and shall take into account the views and recommendations of the public
when the committee makes its report to the Assembly.
(4)The Chairperson of the Sectoral Committee to which a Bill is committed or a Member
designated for that purpose by the Committee shall present the Committee’s report to
the Assembly within twenty calendar days of such committal and upon such
presentation, or if the Committee’s report is not presented when it becomes due, the Bill
49
shall be ordered to be read a Second Time on such day as the House Business Committee
shall, in consultation with the Member or the Committee in charge of the Bill, appoint.
(5) If for any reason, at the commencement of the Second Reading the report of the
Committee has not been presented, the Committee concerned shall report progress to
the Assembly and the failure to present the report shall be noted by the Liaison
Committee for necessary action.
(6) Despite paragraph (1) –
(a) the Speaker may direct that a particular Bill be committed to such committee
as the Speaker may determine.
(b) a County Revenue Fund Bill, an Appropriation Bill, a Supplementary
Appropriation Bill or a Finance Bill shall be committed to the Budget and
Appropriations Committee.
Second Reading
124. (1) On the Order of the Day being read for the Second Reading of a Bill, a Motion shall be
made, “That, the ………Bill be now read a Second Time,”.
(2) No amendment may be moved to the question “That, the ……Bill be now read a
Second Time”, other than an amendment to leave out the word “now” and to add, at the
end of the question, the words “upon this day……….. (state the period)”.
Committal of Bills to Committee of the whole Assembly
125. (1) A Bill having been read a Second Time shall stand committed to a Committee of the
whole Assembly.
(2) On the Order of the Day for Committee on a Bill being read, the Speaker shall leave
the Chair without question put.
Sequence to be observed on a Bill in Committee
126. In considering a Bill in Committee, the various parts thereof shall be considered in the
following sequence –
(a) clauses as printed, excluding the clauses providing for the citation of the Bill, the
commencement, if any, and the interpretation;
(b) new clauses;
(c) schedules;
(d) new schedules;
(e) interpretation;
(f) preamble, if any;
(g) long title;
(h) the clauses providing for the citation of the Bill and the commencement.
Referral of proposed amendments to Committees
127. Where after a Bill has been Read a Second Time and before commencement of
Committee of the Whole, more than ten amendments have been proposed to it, which in
the opinion of the Speaker require harmonization, the Speaker may direct any Member
50
proposing an amendment to the Bill to appear before the relevant Sectoral Committee
dealing with the subject matter of the Bill to present his or her proposed amendments
and the Committee shall submit a report to the Assembly on the result of the exercise
before the Committee of the Whole Assembly is taken.
Procedure in Committee of the whole Assembly on a Bill
128. (1) The Clerk shall call severally each part of the Bill in the sequence specified in Standing
Order 126 (Sequence to be observed on a Bill in committee) and if no amendment is
proposed or when all proposed amendments have been disposed of, the Chairperson
shall propose the question “That, …. (as amended) stand part of the Bill” and, when
Members who wish to speak have spoken, the Chairperson shall put that question to the
Committee for decision.
(2) No amendment shall be moved to any part of a Bill by any Member, other than the
Member in charge of the Bill, unless written notification of the amendment shall have
been given to the Clerk twenty-four hours before the commencement of the sitting at
which that part of the Bill is considered in Committee.
(3) Despite paragraph (2), where an amendment has been moved to any part of a Bill in
accordance with this paragraph, any Member may move an amendment to that
amendment on delivering to the Chairperson the terms of his or her amendment in
writing.
(4)A member moving an amendment or a further amendment to any part of the Bill
under paragraphs (2) and (3) shall explain the meaning, purpose and effect of the
proposed amendment or further amendment.
(5) No amendment shall be permitted to be moved if the amendment deals with a
different subject or proposes to unreasonably or unduly expand the subject of the Bill, or
is not appropriate or is not in logical sequence to the subject matter of the bill
(6) No amendment shall be moved which is inconsistent with any part of the Bill already
agreed to or any decision already made by the Committee, and the Chairperson may at
any time during the debate of a proposed amendment, withdraw it from the
consideration of the Committee if in the opinion of the Chairperson, the debate has
shown that the amendment contravenes this paragraph.
(7) In the case of a County Revenue Fund Bill, or an Appropriation Bill, no amendment
shall be moved whose effect would be to impose a charge or increase expenditure above
that already resolved by the Assembly or in the Committee of Supply unless the Assembly
first resolves to allow such a motion.
(8) The Chairperson may refuse to propose the question upon any amendment which in
the opinion of the Chairperson is frivolous or would make the clause or schedule which it
proposes to amend unintelligible or ungrammatical.
(9) Paragraph (4) of Standing Order 55 (Manner of debating Motions) shall apply, with
necessary modifications, to the proceedings for amendment of a Bill in Committee.
51
(10) The consideration of any part or a clause of a Bill may be postponed until such later
stage of the proceedings in Committee on such Bill as the Committee may determine.
(11) On any Motion being made for the addition of a new clause, the clause shall be
deemed to have been read a First Time and the question shall then be proposed “That, the
new clause be read a Second Time” and if this is agreed, amendments may then be
proposed to the new clause and the final question to be proposed shall be “That, the
clause (as amended) be added to the Bill”.
(12) New schedules shall be disposed of in the same way as new clauses.
(13) The question to be put on the preamble (if any) shall be “That, the preamble (as
amended) be the preamble of the Bill.”
(14) The question to be put on the long title of the Bill shall be “That, the long title (as
amended) be the title of the Bill”.
(15) No question shall be put on the enacting formula.
(16) At the conclusion of the proceedings in Committee on a Bill, or, if more than one, on
all such Bills the Member in charge shall move “That, the Bill(s) (as amended) be
reported to the Assembly”, and the question thereon shall be decided without
amendment or debate.
Report of Progress
129. If any Member before the conclusion of proceedings on a Bill in a Committee of the whole
Assembly moves to report progress and such Motion is carried, the Chairperson shall leave
the Chair and the Chairperson, or, if the Chairperson has taken the Speaker’s Chair, the
Member in charge of the Bill, shall report progress to the Assembly and shall seek leave to
sit again, and a day for the resumption of the proceedings shall be determined by the House
Business Committee in consultation with the Member in charge of the Bill.
Bill to be reported
130. When a Committee of the whole Assembly has agreed that a Bill or a number of Bills be
reported, the Chairperson, shall forthwith leave the Chair of the Committee and the
Assembly shall resume, and the Chairperson or if the Chairperson has taken the Speaker’s
Chair, the Member in charge of the Bill shall report the Bill to the Assembly, and each Bill, if
more than one, shall be so reported separately.
Procedure on Bills reported from Committee of the whole Assembly
131. (1) When a Bill has been reported from a Committee of the whole Assembly, the Assembly
shall consider the Bill as reported upon a Motion “That the Assembly do agree with the
Committee in the said report”.
(2) The question on any Motion moved under paragraph (1) shall be put forthwith, no
amendment, adjournment or debate being allowed, unless any Member desires to delete or
amend any provision contained in a Bill, or to introduce a new provision in the Bill.
52
(3) A Member who desires to delete or amend any provision contained in a Bill, or to
introduce a new provision in the Bill under paragraph (2) may propose any amendment to
add, at the end of a Motion under paragraph (1), the words “subject to the re-committal of
the Bill (in respect of some specified part or of some proposed new clause or new schedule)
to a Committee of the whole Assembly”, and if that Motion is agreed to with such an
amendment, the Bill shall stand so re-committed and the Assembly shall either forthwith or
upon a day named by the House Business Committee in consultation with the Member in
charge of the Bill dissolve itself into a Committee to consider the matters so re-committed.
Procedure on Bills reported from Select Committees
132. (1) The report of a Select Committee on a Bill shall be laid on the Table of the Assembly by
the Chairperson or vice chairperson of the Select Committee or by some other Member
authorized by the Committee in that behalf.
(2) The Assembly shall consider the Bill as reported from the Select Committee upon a
Motion “That the report of the Select Committee be on the………Bill be approved”.
(3) Standing Order 128 (Procedure on Bills reported from Committee of the Whole Assembly)
shall apply to any motion to approve the report of a Select Committee on a Bill.
Procedure upon the re-committal of a Bill
133. (1) When a Bill has been re-committed to a Committee of the whole Assembly, the
Committee shall consider only the matters so re-committed and any matter directly
consequential thereon.
(2) Except as is provided by paragraph (1), the procedure in Committee on a Bill on first
committal shall apply with the necessary modifications to a Bill on re-committal.
(3) When a Bill has been reported from a Committee of the whole Assembly after recommittal Standing Order 128 (Procedure on Bills reported from Committee of the whole
Assembly) shall apply.
Third Reading
134. (1) On the adoption of a report on a Bill, the Third Reading may, with the leave of the
Speaker, be taken forthwith and if not so taken forthwith, shall be ordered to be taken on a
day named by the House Business Committee in consultation with the Member in charge of
the Bill.
(2) On the Third Reading of a Bill, a Motion shall be made “That, the …. Bill be now read a
Third Time” and amendments may be proposed similar to those on Second Reading
Withdrawal of Bills
135. (1)Either before the commencement of business or on the Order of the Day for any stage of
the Bill being read, the Member in charge of a Bill may, without notice, claim to withdraw a
Bill;
53
(2) If the Speaker is of the opinion that the claim is not an abuse of the proceedings of the
Assembly, the Speaker shall direct that the Bill shall be withdrawn.
(3) A Bill that has been withdrawn may subject to Standing Order 111 (Introduction of Bills)
and re-publication be introduced again.
(4) If a Member in charge of a Bill desires to withdraw a Bill before it is introduced in the
Assembly, the Member shall, in writing specifying the reasons for the withdrawal, notify the
Speaker of the withdrawal and paragraph (3) shall apply to such Bill.
Re-introduction of Bills
136. (1) A Bill, the Second Reading or Third Reading of which has been rejected may be
introduced again in the next Session, or after the lapse of six months in the same Session
but subject to fresh publication as provided in Standing Order 111 (Introduction of Bills).
(2) A Bill that has been published, read a First Time or in respect of which the Second
Reading has not been concluded-
(a) at the end of a Session in which it was published shall not lapse at the
end of that Session but shall resume in the next Session of the same
Assembly at the stage where it was last interrupted;
(b) at the end of two consecutive Sessions of the same Assembly shall lapse
at the end of the second Session and may be republished in the same or
different form in accordance with Standing Order 113 (Introduction of
Bills).
(3) Subject to paragraph (2), a Bill in respect of which the Second Reading has been
concluded at the end of a Session shall resume in the next Session of the same Assembly at
the stage where it was interrupted at the end of the Session.
Assenting to Bills
137. (1) The Speaker shall, within fourteen days, forward a Bill passed by the Assembly to the
Governor.
(2) The Governor shall within fourteen days after receipt of a Bill—
(a) assent to the Bill; or
(b) refer the bill back to the Assembly with a memorandum outlining reasons for the
referral.
(3) If the Governor refers a Bill back to the Assembly, the Assembly may, following the
appropriate procedures under this section—
(a) amend the Bill taking into account the issues raised by the governor; or
(b) pass the Bill without amendment.
(4) If the Assembly amends the Bill taking into consideration the issues raised by the
governor, the Speaker shall within fourteen days submit the Bill to the Governor for assent.
54
(5) If the Assembly passes the Bill a second time, without amendment, or with amendments
which do not accommodate the Governor’s concerns by a vote supported by two-thirds of
members of the Assembly, the speaker shall within seven days re-submit the Bill to the
Governor and the Governor shall within seven days assent to the Bill.
(6) If the Governor does not assent to a Bill or refer it back within the period referred to
under this section, the Bill shall be taken to have been assented to on the expiry of that
period
Custody of Bills
138. (1) Every Bill passed by the Assembly shall remain in the custody of the Clerk.
(2) At any time before the certification and submission of a Bill to the Governor, the Speaker
may in the advice of the Clerk, correct formal errors or oversights therein without changing
the substance of the Bill.
PART XX – PRIVATE BILLS
Application of public Bill procedure
139. Except as otherwise provided in this Part, the Standing Orders relating to public Bills shall
apply in respect of private Bills.
Saving clause
140. Every private Bill shall contain a clause saving the rights of the Governor, the national and
county governments, of all bodies politic or corporate, and of all others, except such as are
mentioned in the Bill and those claiming by, from or under them.
Private Bill affecting private rights
141. (1) No private Bill which directly affects the private rights or property of any persons, shall
originate in the Assembly unless the provisions of this Standing Order as to notice have
been complied with.
(2) A notice shall be published in not less than three separate issues of the Gazette,
specifying the general nature and objects of the Bill; the last of such publications being not
less than fourteen days before the presentation of the Petition referred to in Standing Order
142 (Petition for Leave).
Petition for leave
142. (1) No private Bill shall be introduced unless a Petition for the same, headed by the short
title of the Bill, and signed by the parties, being promoters of the Bill, or some of them, has
been previously presented to the Assembly with a copy of the Bill annexed.
(2) The Clerk shall scrutinize petitions presented to the Assembly and where, after such
scrutiny, the Clerk is not satisfied that the provisions of this Part have been complied with,
the Clerk shall so report to the Speaker.
55
(3) The promoters shall deposit with the Clerk a sufficient number of copies of the Petition
with the Bill annexed, for distribution to Members and on receipt of such copies, the Clerk
shall forthwith avail a copy to every Member.
(4) The Petition shall be read at the first sitting of the Assembly after it is so deposited and
thereupon the question “That, the promoters be granted leave to proceed” shall be put
forthwith and decided without amendment or debate.
Security for cost of printing
143. (1) Where leave to proceed is granted, and where the petitioner has complied with the
Standing Orders, the Clerk shall provide an estimate of the cost of printing the Bill and the
promoters of the Bill shall meet such cost.
(2) The promoters shall deposit at least twenty five percent of the estimated total cost of
printing the Bill as security with the Clerk.
Bills authorizing the construction of work
144. (1) In the case of a private Bill authorizing the construction works, before such Bill is read a
First Time, the promoters shall-
(a) deposit with the Clerk an estimate of the expense of the undertaking, signed by
the person making such estimate and approved by the Clerk; and
(b) deposit with the Clerk a sum not less than four percent of the amount of the
estimate under paragraph (1)
(2) in every such Bill, there shall be inserted a clause to the effect that, if the works
authorized to be constructed are not completed before the expiry of a time to be set out
by the Bill for such completion, the sum deposited with the Clerk shall be forfeited to the
Consolidated Fund.
First Reading
145. When the provisions of this part have been complied with, the Clerk shall cause the Bill to
be printed, distributed to Members and published in the county Gazette and Kenya Gazette
and at the first sitting of the Assembly held not less than fourteen days after such
publication, the Bill shall be read a First Time.
Right of audience before Committee on opposed Bill
146. (1) Subject to these Standing Orders all petitions against a private Bill containing a prayer
that the petitioners be heard by themselves, or by their advocates, shall stand referred to a
Select Committee which shall hear any such petitioners or advocates.
(2) The promoters of an opposed private Bill shall be entitled to be heard before the Select
Committee on the Bill by themselves, or by their advocates, in favour of the Bill and against
any petitions against the Bill.
How Bills may be opposed
147. No person, other than a Member, shall be heard, whether in person or by advocate, in
opposition to a private Bill unless such person has previously lodged a Petition with the
Clerk, showing the nature of the person’s objections to the Bill and whether the person’s
56
objections extend to the whole or some part of the Bill and praying that he or she may be
heard in person or by advocate, as the case may be.
Printing expenses
148. As soon as practicably possible, after a private Bill is passed, rejected or abandoned, the
Clerk shall make out an account showing the expenses of printing and shall, if the amount
of the account is less than the security deposited, refund the balance, and if it is excess,
cause the promoter to pay the balance.
PART XXI – COMMITTEE OF THE WHOLE ASSEMBLY
Limits on consideration of matters by Committee
149. A Committee shall not consider any matter other than a matter which has been referred to
it or which it is required by these Standing Orders to consider.
Committee of the whole Assembly may not adjourn
150. A Committee may not adjourn its own sitting or the consideration of any matter to a future
sitting, but the Chairperson may by Motion be directed notwithstanding that all matters
referred to the Committee have not yet been considered, to report progress to the Assembly
and ask leave to sit again.
Report
151. When all the matters referred to a Committee of the whole Assembly have been considered,
the Chairperson shall be directed by Motion to report to the Assembly.
No debate on Motion for Report
152. (1)When a Motion is made in Committee to report or to report progress and ask leave to sit
again, the question shall be put forthwith and decided without amendment or debate and if
the question is agreed to the Chairperson shall forthwith leave the chair.
(2) Except as otherwise provided by these Standing Orders, every report under paragraph (1)
shall be made without question put, and may, by Motion, be agreed to or negatived by the
Assembly or re-committed to the Committee, or postponed for further consideration.
General application of rules in Committee
153. Except as otherwise provided in these Standing Orders, the same rules of order and of
debate for the conduct of business shall be observed in Committee as in the Assembly.
PART XXII – SELECT COMMITTEES
House Business Committee
154. (1) There shall be a select committee, to be designated the House Business Committee,
consisting ofa) the Speaker who shall be the chairperson;
57
b) the Deputy Speaker who in the absence of the Speaker shall chair the meetings;
c) the Leader of the Majority Party;
d) the Leader of the Minority Party; and
e) not less than Eighteen other members, who shall be nominated by Assembly parties
and approved by the Assembly at the commencement of every Session, reflecting the
relative majorities of the seats held by each of the Assembly parties in the Assembly
and taking into consideration the interests of Independents.
(2) The House Business Committee shall be appointed within seven days on assembly of a
new Assembly.
(3) In nominating the Members to the House Business Committee, each Assembly party
shall include its Whip into the membership.
(4) The House Business Committee shall –
(a) prepare and , if necessary, from time to time adjust the Assembly Calendar with the
approval of the Assembly;
(b) monitor and oversee the implementation of the Assembly Business and programmes.
(c) implement the Standing Orders respecting the scheduling or programming of the
business of the Assembly and the functioning of the Committees of the Assembly;
(d) determine the order in which the reports of Committees shall be debated in the
Assembly;
(e) may take decisions and issue directives and guidelines to prioritize or postpone any
business of the Assembly acting with the concurrence of the Leader of the Majority
Party or the Leader of the Minority Party, as the case may be.
(f) consider such matters as may from time to time arise in connection with the business
of the Assembly and shall have and perform such powers and functions as are
conferred on and ascribed to it by these Standing Orders or from time to time by the
Assembly.
(5) The Chairperson and at least one third of the other members of the House Business
Committee shall form a quorum.
(6) If, for any reason, a member of the House Business Committee is unable to attend, the
Leader in the Assembly of the party which nominated that Member may appoint another
Member in that Member’s place for the period for which the Member is unable to attend.
Committee on Selection
155. (1) There shall be a select committee, to be designated Selection Committee, consisting the
Speaker who shall be the chairperson, the leader of Majority Party, the Leader of the
Minority party, not less than eleven and not more than nineteen other members, who shall
be nominated by respective party leaders and approved by the Assembly.
(2) The Committee on Selection shall nominate members to serve in Committees, save for
the membership of the House Business Committee and Committee on Appointments.
(3) The Committee on Selection shall be appointed within ten days on assembly of a new
Assembly.
58
General Provisions
Nomination of members of select committees
156. (1) Unless otherwise provided by any written law or these Standing Orders, the Committee
on Selection shall, in consultation with Assembly parties, nominate Members who shall
serve on a select committee.
(2) The Committee on Selection shall give consideration to the need for gender balance and
shall, so far as may be practicable, ensure that no more than two-thirds of members of a
committee of the Assembly, including a committee established through a resolution of the
Assembly, shall be of the same gender.
(3) A vacancy occasioned by resignation or removal of a Member from a select committee
shall be filled within fourteen days of the vacancy.
(4) A Member against whom an adverse recommendation has been made in a report of a
select committee that has been adopted by the Assembly shall be ineligible for nomination
as member of that committee.
Criteria for nomination
157. (1) In nominating Members to serve on a select committee, the Selection Committee shall
ensure that the membership of each committee reflects the relative majorities of the seats
held by each of the Assembly parties in the Assembly.
(2) Despite paragraph (1), a member belonging to a party other than a Assembly party or
independent Member may be nominated to serve in select committee and the allocation of
membership of select committees shall be as nearly as practicable proportional to the
number of members belonging to such parties and independent Members.
(3) Except as the Assembly may otherwise resolve, on the recommendation of the
Committee on Selection for reasons to be stated, no member shall be appointed to serve in
more than three Select Committees
Approval of nomination
158. (1) The Selection Committee shall, within seven days upon nomination of members to serve
in any committee of the Assembly, present the list to the Assembly for approval.
(2) Whenever a Motion for approval of a list under paragraph (1) is moved in the Assembly,
no objection against the proposed membership of a Member in a select committee shall be
permitted and objections, if any, shall be formulated against the proposed membership as a
whole.
(3) A Member shall not be a member of a committee of the Assembly, unless the nomination
of such Member into the committee is approved by the Assembly.
59
Discharge of a member from a committee
159. (1) The Assembly party that nominated a member to a select committee be, may through the
Party Leader give notice, in writing, to the Speaker that the member is to be discharged
from a select committee.
(2) The discharge of a member shall take effect upon receipt by the Speaker of a notice under
paragraph (1).
Composition of select committees
160. Subject to any written law, these Standing Orders or a resolution of the Assembly, a select
committee shall consist of an odd number of members being not less than five.
Chairing of select committees and quorum
161. (1) Subject to paragraph (2) of Standing Order 156 (Nomination of Members of select
committees) , unless otherwise provided under any written law, these Standing Orders or by
resolution of the Assembly-
(a) a select committee shall, upon appointment, elect its chairperson and vicechairperson from amongst its members;
(b) a half of the members of a select committee shall constitute a quorum.
Conduct of election
162. (1)The Clerk shall appoint a place, date and time for the first meeting of a Committee within
seven days of its constitution by the Assembly, or such further period as the Speaker may
approve, and as soon as a majority of the Committee is present, the Clerk shall, by a secret
ballot, conduct the election of the Chairperson and Vice-chairperson of the Committee.
(2) Whenever a vacancy occurs in the office of Chairperson or Vice-chairperson of a select
committee, the Clerk shall, within seven days of the vacancy arising, appoint a place and
time for the meeting of the committee to elect the Chairperson or Vice-chairperson.
Duties of Committee Chairperson
163. Subject to the provisions of these Standing Orders and the directions of the committee, a
chairperson of a committee shall-
(a) preside at meetings of the committee;
(b) perform the functions and exercise the powers assigned to office of the
Chairperson by the committee, resolutions of the Assembly or legislation;
(c) be the spokesperson of the committee.
Notice of meetings
164. (1) A notice of a meeting of a select committee shall be given by the Clerk to all Members of
the committee showing the date time, venue and agenda of the meeting.
(2) A notice under paragraph (1) shall be deemed to have been given upon circulation
through the official email addresses of a Member, the Assembly website, by delivery of the
notice in the office of a Member or posting of the notice in the precincts of Assembly.
60
Sittings of select committees
165. A sitting of a committee shall be held at such place, date and time as shall be determined by
the Chairperson or on a petition made by at least seven members of that committee but no
meeting of a Committee may be held outside the precincts of Assembly without the
approval of the Speaker.
Sub-committees of select committees
166. A select committee may establish such sub-committees as it may consider necessary for the
proper discharge of its functions
Member adversely mentioned not to sit
167. A Member who is adversely mentioned in a matter under deliberation by a Committee shall
not be present at any meeting at which the Committee is deliberating on the matter, but the
Member may appear to adduce evidence as a witness before the Committee.
Adjournment for lack of quorum
168. Unless quorum is achieved within thirty minutes of the appointed time, a meeting of a
committee of the Assembly shall stand adjourned to such time on another day as the
chairperson of the committee may appoint.
Frequency of meetings
169. (1) Unless the Assembly otherwise resolves, every select committee shall meet at least once
in two months.
(2) Except for the House Business Committee, a select committee shall not meet during a
sitting of the Assembly without the written permission of the Speaker.
(3) Despite paragraph (2), a sitting of a committee shall stand suspended when a division or
quorum bell is rung
(4) The proceedings of a meeting of a committee held contrary to paragraph (2) shall be
void.
Failure to attend meetings
170. (1) If a member fails to attend four consecutive sittings of a Committee without the written
permission of the chairperson of the Committee, or the permission of the Speaker if the
member is the chairperson, the chairperson or the Speaker, as the case may be shall notify
the Committee of the failure.
(2) The Committee having noted the notification under paragraph (1) may resolve that the
member or the chairperson as the case may be, be suspended from the membership of the
committee and that the matter be reported to the Committee on Selection
(3) Upon receipt of a report under paragraph (2), the Committee on Selection shall consider
the matter and shall propose a replacement of the member for approval by the Assembly.
61
Absence of chairperson and vice-chairperson
171. In the absence of the chairperson and vice-chairperson at any meeting, a Member
designated by the chairperson shall take the Chair, and in the absence of such designated
Member, the Members present shall elect one of them to take the Chair.
List of attendance
172. The names of Members present at each sitting of a select committee shall be entered in the
minutes of that sitting.
Minutes of select committees
173. The minutes of the proceedings of a select committee shall be laid on the Table of the
Assembly with the report of the committee and may, subject to Standing Order 221 (Custody
of Journals and Records), be published.
Powers and privileges of committees
174. Committees shall enjoy and exercise all the powers and privileges bestowed on Assembly by
the Constitution and statute, including the power to summon witnesses, receive evidence
and to request for and receive papers and documents from the Government and the public.
Temporary absence of a member of a select committee
175. (1) Unless otherwise provided for in these Standing Orders, in the event that any member of
a Committee is absent or otherwise unable to attend the sittings of the committee, the party
whip of that Member’s party may, with permission of the Speaker, appoint another Member
to act in that Member’s place during the period of such absence or inability.
(2) A member shall be considered absent or otherwise unable to attend a sitting in terms of
paragraph (1) if the Member is out of the country on official Assembly business or is
indisposed.
Vote of no confidence in the chairperson or vice-chairperson
176. (1) A Committee may, by a resolution supported by two thirds of its members, resolve that it
has no confidence in the chairperson or vice-chairperson and a member designated for that
purpose shall thereupon report the resolution to the Liaison Committee which shall within
Seven days constitute a hearing to determine finally the removal of the charged chairperson
or Vice chairperson.
(2) The members desiring to make a resolution under paragraph (1) shall serve the
chairperson or vice-chairperson as the case may be with a written notice of the intended
vote of no confidence and may, if they constitute two thirds of the Members, request the
Clerk to call for a meeting at the expiry of three days after the giving of such notice.
(3) The notice under paragraph (2) shall be deemed to have been given upon circulation of
the notice in the offices of Members and posting on notice boards in the precincts of
Assembly.
62
(4) A notice under paragraph (2) shall be deemed to have been given upon delivery to the
chairperson’s or vice-chairperson’s official email address and by delivery of the notice to the
office of the chairperson or vice-chairperson, as the case may be.
(5) The chairperson or the vice chairperson as the case may be, shall be accorded an
opportunity by the Committee concerned and Liaison Committee, to be heard in respect of
the allegations and issues being leveled against him or her and thereupon report to the
Assembly.
(6)Where the Liaison Committee has determined that a Chairperson or Vice Chairperson
needs to be removed from office under Paragraph 1, it shall ask the clerk to conduct an
election for the Chairperson or vice chairperson, as the case may be within seven days.
Original vote
177. (1)The Chairperson of a select committee other than the Committee on Selection shall have
an original vote but not a casting vote.
(2) Paragraph (1) shall not apply to the chairperson of the House Business Committee, who
shall have neither an original nor a casting vote.
Attendance by non-members of select committee
178. A Member may attend and participate in a meeting of any committee of the Assembly of
which he or she is not a member, but such member shall not be entitled to vote on any
matter before the committee and shall not be entitled to any sitting allowance.
Procedure in select committees
179. (1) Except as and to the extent to which the chairperson may otherwise direct for the
purpose of facilitating full consideration and discussion of a matter referred to a Committee,
the procedure in a select committee shall be as nearly as possible, the same as that
Committee of the whole Assembly.
(2) Any question arising in a select committee shall be decided by vote and the resolution on
any such vote shall constitute the decision of the select committee on that question.
(3) The minutes of a select committee shall be kept in the same form as the Votes and
Proceedings of a Committee of the whole Assembly and in such other form as may be
prescribed in the Committee Manual.
(4) Where a vote on a question is not unanimous, the names of the members voting for and
against the question and those abstaining from voting, respectively, shall be recorded in the
minutes.
(5) Except as the Speaker may otherwise direct, a committee may sit notwithstanding the
adjournment of the Assembly.
Limitation of mandate
180. (1) The deliberations of a select committee shall be confined to the mandate of the
committee and any extension or limitation of that mandate as may be directed by the
63
Assembly and, in the case of a select committee on a Bill, to the Bill committed to it and
relevant amendments.
(2) In the exercise of its functions, a select committee may not consider any matter that is
not contemplated within the mandate of the Assembly under the Constitution, any
written law and the Standing Orders
Public access to meetings of select committees
181. (1) All committee proceedings shall be open to the public unless in exceptional
circumstances the Speaker has determined that there are justifiable reasons for the
exclusion of the public.
(2) The Committee may adjourn to seek leave of the Speaker to exclude the public
Reports of select committees
182. (1) The report of a select committee shall be prepared and kept in the same form as the
Votes and Proceedings of a Committee of the whole Assembly and in such other form as
may be prescribed in the Committee Manual.
(2) The report of a select committee having been adopted by a majority of the members,
shall be signed by the chairperson on behalf of the Committee.
(3) If the chairperson is absent or is not readily available, the vice-chairperson shall sign the
report under paragraph (1), and in the absence of both the chairperson and the vicechairperson, the committee shall nominate another member to sign the report.
(4) A select committee shall adopt its report in a meeting attended by a majority of its
members.
(5) A report having been adopted by a majority of members, a minority or dissenting report
may be appended to the report by any member(s) of the Committee
(6) A report of a select committee including any minority report, together with the minutes
of the proceedings of the committee, and with such note or record of any evidence by the
committee as the committee may deem fit, shall be laid on the Table of the Assembly by the
chairperson of the select committee, or the vice-chairperson or by a member authorized by
the committee on its behalf within fourteen days of the conclusion of its proceedings.
(7) Within forty eight hours after the report has been laid on the Table of the Assembly, the
Clerk shall publish the report in the Assembly website and circulate copies to members.
Progress reports
183. (1) Unless a more regular interval is prescribed under any written law or these Standing
Orders, each select committee shall submit half yearly progress reports to the Liaison
Committee.
(2) The Liaison Committee shall, within twenty one days, compile the reports under
paragraph (1) and submit a report to the Assembly.
64
Reports on Assembly Resolutions
184. Within sixty days of a resolution of the Assembly or adoption of a report of a select
committee, the relevant Executive Committee Member under whose portfolio the
implementation of the resolution falls shall provide a report to the relevant committee of
the Assembly in accordance with Article 183(3) of the Constitution.
Joint sitting of committees of the Assembly
185. (1) Two committees of the Assembly considering similar matters may, with the approval of
the Speaker, hold joint sittings.
(2) The proceedings of a joint committee shall be co-chaired by the chairpersons of the
committees involved, through chairing intervals of the period of the sitting of the joint
committee.
(3) The quorum of a joint sitting of two or more committees shall be the number obtained
by adding the respective quorum of each committee, excluding the Chairpersons.
(4) The report of a joint sitting of two or more committees shall not be adopted unless
supported by a resolution of a majority of the total membership of the committees.
Engagement of experts
186. A Committee may, with the approval of the Speaker, engage such experts as it may consider
necessary in furtherance of its mandate.
Committee on Appointments
187. (1) There shall be a select committee to be designated the Committee on Appointments to
be appointed by the Assembly, consisting of the Speaker as a Chairperson, the Leader of the
Majority Party, the Leader of the Minority party and not more than three other Members
nominated by the Committee on Selection, on the basis of proportional Party Membership
in the Assembly taking into consideration the numerical strength of the Parties and
interests of Independent Members.
(2) The Committee on Appointments shall be appointed within seven days on assembly of a
new Assembly and shall serve for period of three years and that appointed thereafter shall
serve for the remainder of the term of the Assembly
(3) In the absence of the Speaker, the Committee shall elect a member, from amongst its
members to chair the meeting.
(4) The Committee on Appointments shall consider, for approval by the Assembly,
appointments under Articles 179(2) (Members of County Executive Committees).
(4) The quorum of the Committee on Appointments shall be one half of the Members of the
Committee, but the Speaker shall not be counted for the purposes of quorum and shall
not vote.
County Public Accounts and Investments Committee
65
188. (1) There shall be a select committee to be designated the County Public Accounts and
Investments Committee.
(2) The Public Accounts and Investments Committee shall examine
(a) the accounts showing the appropriations of the sum voted by the House to
meet the public expenditure and of such other accounts laid before the House as
the Committee may think fit.
(b) the reports and accounts of all county public investments;
(c) examine the reports, if any, of the Auditor General on the public investments;
and
(d) examine, in the context of the autonomy and efficiency of the public
investments, whether the affairs of the public investments, are being managed in
accordance with sound financial or business principles and prudent commercial
practices.
(3) the Committee shall not examine any of the following-
(a) matters of major Government policy as distinct from business or commercial
functions of the public investments;
(b) matters of day-to-day administration; and,
(c) matters for the consideration of which machinery is established by any special
statute under which a particular public investment is established.
(4) The County Public Accounts and Investments Committee shall consist of a chairperson
and not less than six other Members.
(5) The County Public Accounts and Investments Committee constituted immediately
following the general election shall serve for a period of three calendar years and that
constituted thereafter shall serve for the remainder of the Assembly term.
(6) The County Public Accounts and Investments Committee shall elect a chairperson and
vice-chairperson from amongst its members.
Budget and Appropriations Committee
189. (1) There shall be a select Committee to be known as the, Budget and Appropriations
Committee.
(2) The Committee shall consist of a chairperson, and not more than twelve other Members.
(3) The functions of the Committee shall be to-
(a) investigate, inquire into and report on all matters related to coordination, control and
monitoring of the of the county budget,
(b) discuss and review the estimates and make recommendations to the Assembly;
66
(c) examine the County Budget Policy Statement presented to the Assembly;
(d) examine Bills related to the national budget, including Appropriations Bills; and
(e) evaluate tax estimates, economic and budgetary policies and programmes with direct
budget outlays.
(4)The County Budget and Appropriations Committee constituted by the Assembly
immediately following the general election shall serve for a period of three calendar years
and that constituted thereafter shall serve for the remainder of the Assembly term.
(5) Five members of the Budget Committee shall constitute a quorum.
(6) The Committee shall invite chairpersons of all Sectoral Committees to make
presentations during the consideration of the budget.
Assembly Rules and Delegated Legislation Committee
190. (1)There shall be a select committee to be known as the Assembly Rules and Delegated
Legislation Committee.
(2) The committee shall comprise the Speaker as chairperson, and not more than twenty
other Members.
(3) The Assembly Rules and Delegated Legislation Committee shall consider and report on: –
(a) on all matters relating to these Standing Orders, and
(b) on all statutory instruments submitted to the Assembly pursuant the Constitution, any
written law or these Standing Orders.
(4) The Assembly Rules and Delegated Legislation Committee may propose amendments to
these Standing Orders and any such amendments shall upon approval by the Assembly, take
effect at the time appointed by the Assembly.
(5) The Assembly Rules and Delegated Legislation Committee may propose rules for the
orderly and effective conduct of committee business and any such rules, shall upon approval
by the Assembly, continue in force until amended or repealed by the Assembly.
(6) Any rules approved under paragraph (5) shall be annexed to the Standing Orders and
shall be binding upon Committees to the same extent as these Standing Orders.
(7) Whenever a statutory instrument is submitted to the Assembly pursuant the
Constitution, any law or these Standing Orders, the statutory instrument shall, unless a
contrary intention appears in the relevant legislation, be laid before the Assembly by the
Chair of the relevant Sectoral Committee, or any other member and shall thereafter stand
referred to the Assembly Rules and Delegated Legislation Committee.
(8) The Committee shall consider in respect of any statutory instrument whether it
67
(a) is in accordance with the provisions of the Constitution, the Act pursuant to which it
is made or other relevant written law;
(b) infringes on fundamental rights and freedoms of the public;
(c) contains a matter which in the opinion of the Committee should more properly be
dealt with in an Act of the Assembly;
(d) contains imposition of taxation;
(e) directly or indirectly bars the jurisdiction of the Courts;
(f) gives retrospective effect to any of the provisions in respect of which the
Constitution or the Act does not expressly give any such power;
(g) involves expenditure from the County Revenue Fund or other public revenues;
(h) is defective in its drafting or for any reason the form or purport of the statutory
instrument calls for any elucidation;
(i) appears to make some unusual or unexpected use of the powers conferred by the
Constitution or the Act pursuant to which it is made;
(j) appears to have had unjustifiable delay in its publication or laying before the
Assembly;
(k) makes rights , liberties or obligations unduly dependent upon non-reviewable
decisions;
(l) makes rights , liberties or obligations unduly dependent insufficiently defined
administrative powers;
(m)inappropriately delegates legislative powers;
(n) imposes a fine, imprisonment or other penalty without express authority having
been provided for in the enabling legislation;
(o) appears for any reason to infringe on the rule of law;
(p) inadequately subjects the exercise of legislative power to Assembly scrutiny; and,
(q) accords to any other reason that the Committee considers fit to examine.
(9) If the Committee-
(a) resolves that the statutory instrument, be acceded to, the Clerk shall convey that
resolution to the relevant county department or the authority that published the
statutory instrument.
(b) does not accede to the statutory instrument, the Committee may recommend to the
Assembly that the Assembly resolves that all or any part of the statutory instrument be
annulled and if the instrument ifa resolution is passed by the Assembly within twenty
days on which it next sits after the instrument laid before it under paragraph (2), that
all or part of the statutory instrument be annulled, the instrument or part thereof
shall henceforth stand annulled.
(10) In this Standing Order, “statutory instrument” means “any rule, order, regulation,
direction, form, tariff of costs or fees, letter patent, commission, warrant, proclamation,
by-law, resolution, guideline or other instrument issued, made or established in the
execution of a power conferred by or under an Act of the Assembly under which that
statutory instrument or subsidiary legislation is expressly authorized to be issued”
Committee of Privileges
68
191. (1) There shall be established a committee, to be known as the Committee of Privileges,
consisting of the Speaker and ten other members of the Assembly under the chairmanship
of the Speaker
(2) The members of the Committee of Privileges other than the Speaker shall be nominated
by the Committee on Selection of the Assembly
(3) The quorum of the Committee of Privileges established under subsection (1) shall be six
including the chairman, but otherwise, the Committee shall regulate its own meetings
and its own procedure
(4) The Committee of Privileges shall, either of its own motion or as a result of a complaint
made by any person, inquire into any alleged breach by any member of the Assembly of
the Code of Conduct, or into any conduct of any member of the Assembly within the
precincts of the Assembly (other than the Chamber) which is alleged to have been
intended or likely to reflect adversely on the dignity or integrity of the Assembly or the
member thereof, or to be contrary to the best interests of the Assembly or the members
thereof
(5) The Committee of Privileges shall, after such inquiry as is referred to in paragraph (4),
report its findings to the Assembly together with such recommendations as it thinks
appropriate
(6) The Assembly shall, in accordance with rules made by it (which rules need not be
published in the Gazette), consider the report and the recommendations thereon and
may take such disciplinary action against the member concerned as may be provided by
those rules
(7) Any disciplinary action such as is referred to in paragraph (6) may include suspension
from the service of the Assembly
Committee on Implementation
192. (1) There shall be a select committee to be known as the Committee on Implementation.
(2) While respecting the scope and the mandate of the relevant committees, the Committee
shall scrutinize the resolutions of the Assembly (including adopted committee reports),
petitions and the undertakings given by the County Executive Committee and examine –
(a) Whether or not such decisions and undertakings have been implemented and where
implemented, the extent to which they have been implemented; and whether such
implementation has taken place within the minimum time necessary; and
(b) Whether or not legislation passed by the Assembly has been operationalized and
where operationalized, the extent to which such operationalization has taken place
within the minimum time necessary.
(3) The Committee may propose to the Assembly, sanctions against any member of the
County Executive Committee who fails to report to the relevant select Committee on
implementation status without justifiable reasons.
69
Liaison Committee
193. (1) There shall be a select committee to be known as the Liaison Committee which shall
consist of the Chairperson of Committees as the chairperson and the chairpersons of all
committees of the Assembly.
(2) The Liaison Committee shall-
(a) guide and co-ordinate the operations, policies and mandates of all Committees;
(b) deliberate on and apportion the annual operating budget among the Committees;
(c) consider the programmes of all Committees, including their need to travel and sit
away from the precincts of Assembly;
(d) ensure that Committees submit reports as required by these Standing Orders;
(f) determine, whenever necessary, the committee or committees to deliberate on any
matter; and
(g) give such advice relating to the work and mandate of select committees as it may
consider necessary;
(3)The Liaison Committee shall consider reports of Committee that have not been
deliberated by the Assembly and shall report to the Assembly on the consideration of such
reports.
Members’ Welfare, Catering and Library Committee
194. (1) There shall be a committee to be known as Members’ Welfare, Catering and Library
Committee consisting of a chairperson and 16 other members.
(2) The Members’ Welfare, Catering and Library Committee shall liaise and consult with the
County Assembly Service Board on the welfare, including the fitness of members and staff
and the provision of catering and library services for Members.
Sectoral Committees
Appointment of Sectoral Committees
195. (1) There shall be Standing committees to be known as Sectoral Committees the members of
which shall be nominated by the Committee on Selection in consultation with Assembly
parties at the commencement of every Assembly.
(2) A member appointed to a Sectoral committee at the commencement of Assembly or at
any other time during the term of an Assembly shall, unless the Assembly otherwise resolves
by a decision supported by at least simple majority of all the members present, serve for the
term of that Assembly.
(3) Unless the Assembly otherwise directs, the Sectoral Committees and the subject matter
respectively assigned to them shall be as set out in the Second Schedule.
(4) The mandate of Sectoral Committees in respect of the subject matter assigned under the
First Schedule of these Standing Orders shall only be exercised within the limits
contemplated under Part 2 of the Fourth Schedule to the Constitution.
(5) The functions of a Sectoral Committee shall be to
70
(a) investigate, inquire into, and report on all matters relating to the mandate,
management, activities, administration, operations and estimates of the assigned
departments;
(b) study the programme and policy objectives of departments and the effectiveness of the
implementation;
(c) study and review all county legislation referred to it;
(d) study, assess and analyze the relative success of the departments as measured by the
results obtained as compared with their stated objectives;
(e) investigate and inquire into all matters relating to the assigned departments as they
may deem necessary, and as may be referred to them by the Assembly;
(f) to vet and report on all appointments where the Constitution or any law requires the
Assembly to approve, except those under Standing Order 187 (Committee on
Appointments) ; and
(g) make reports and recommendations to the Assembly as often as possible, including
recommendation of proposed legislation.
Quorum for Sectoral Committees
(6) The Quorum for all Sectoral Committees shall be a half of the total membership of the
Committee
Committee to be limited to mandate
196. (1) Except as expressly provided for in these Standing Orders, no matter shall be referred to
a select committee except on a Motion approved after notice given.
(2) Notwithstanding paragraph (1), the Speaker may, in exceptional circumstances, on a
request by a Member, refer a matter to a committee.
PART XXIII – PUBLIC PETITIONS
Meaning of Petition
197. 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 under the
fourth schedule to the constitution, including enacting, amending or repealing any
legislation.
Submission of a Petition
198. (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 twenty one 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.
71
(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
199. 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
200. 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
201. A petition shall be in the form set out in the Second 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 Clerk;
(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;
(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
202. The total time on the Order “Petitions” shall not exceed thirty minutes.
72
Presentation of Petitions
203. (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
204. 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
205. (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
206. The Clerk shall forward copies of responses received under Standing Order 205 (Committal
of Petitions) to the petitioner or petitioners.
Register of Petitions
207. (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.
73
(2) The register of petitions under subsection (1) shall be accessible to the public during
working hours.
PART XXIV – FINANCIAL PROCEDURES
General
Restrictions with regard to certain financial measures
208. (1) If, in the opinion of the Speaker, a motion makes provision for a matter listed in the
definition of “a money Bill”, the Assembly may proceed only with the recommendation of
the Budget and Appropriations Committee after taking into account, the views of the
Member of County Executive Committee responsible for finance .
(2) “A money Bill”, as provided for in section 21 of the County Governments Act means a Bill,
that contains provisions dealing with-
(a) taxes;
(b) the imposition of charges on a public fund or the variation or repeal of any of
those charges;
(c) the appropriation, receipt, custody, investment or issue of public money;
(d) the raising or guaranteeing of any loan or its repayment; or
(e) matters incidental to any of those matters.
(3) In paragraph (2), “tax”, “public money”, and “loan” do not include any tax, public
money or loan raised by a county.
Presentation of County Fiscal Strategy Paper
209. (1) The County Treasury shall submit the County Fiscal Strategy Paper approved by the
County Executive Committee in accordance with section 117 of the County Governments
Act, 2012,to the Assembly, by the 28th February of each year.
(2) The County Fiscal Strategy Paper submitted under paragraph (1) shall –
(a) have been aligned with the national objectives in the Budget Policy Statement;
(b) specify the broad strategic priorities and policy goals that will guide the county
government in preparing its budget for the coming financial year and over the
medium term;
(c) include the financial outlook with respect to county government revenues,
expenditures and borrowing for the coming financial year and over the medium
term;
(d) have taken into account the views of the Commission on Revenue Allocation; the
public; any interested persons or groups; and any other forum that is established
by legislation.
(3) Upon being laid before the Assembly, the County Fiscal Strategy Paper shall be
deemed to have been committed to each Sectoral Committee without question put, for
74
each such committee to deliberate upon according to their respective mandates and make
recommendations to the Budget and Appropriations Committee.
(4) In considering the County Fiscal Strategy Paper, the Budget and Appropriations
Committee shall consult each Sectoral Committee and Table a report, containing its
recommendation on the Statement to the Assembly for consideration
(5) The report prepared by the Budget and Appropriations Committee pursuant to
paragraph (4) shall include a schedule of ceiling of resources recommended for the County
Government entities, departments and Assembly.
(6) The approval by the Assembly of the motion on the report of the Budget and
Appropriations Committee on the County Fiscal Strategy Paper shall constitute the
Assembly Resolution setting forth the total overall projected revenue, the ceilings
recommended for the County Government, and Assembly and where necessary, the total
sums for each Vote and the allocations to individual programmes for the fiscal year in
question.
(7)The Assembly shall consider and may adopt the County Fiscal Strategy Paper with or
without amendments not later than fourteen days after its submission under paragraph
(1).
(8) The County Treasury shall consider any recommendations made by the Assembly
when finalizing the budget proposal for the financial year concerned
Presentation of Budget Estimates and committal to Committees
210. (1) The Member of County Executive Committee responsible for finance and the accounting
officer of the Assembly Service Board shall, not later than 30th April, respectively submit to
the Assembly Budget Estimates and related documents specified in law for the County
Government, and Assembly.
(2) The Estimates and related documents submitted under Paragraph (1) will be tabled in
the Assembly within three days of submission.
(3) Upon being laid before the Assembly, the Estimates shall be deemed to have been
committed to each Sectoral Committee without question put, for each such committee to
deliberate upon according to their respective mandates.
(4) Each Sectoral Committee shall consider, discuss and review the Estimates according to its
mandate and submit its report and recommendations to the Budget and Appropriations
Committee within twenty-one days, after being laid before the Assembly.
(5) The Budget and Appropriations Committee shall discuss and review the Estimates and
make recommendations to the Assembly, taking into account the recommendations of the
Sectoral Committees, the views of the Executive Committee Member in charge of Finance
and the public.
75
(6) The Assembly shall, on a motion, that “This Assembly adopts the Report of the
Budget and Appropriations Committee on the Budget Estimates for the County
Government, and Assembly tabled in the Assembly on …..”, consider the Report and
adopt it with or without amendments.
(7) Upon the Assembly resolution on the Report-
(a) the recommendation for increase or reduction on any particular Vote as resolved by
the Assembly will serve as notice of intention by the Chairperson of the Budget and
Appropriations Committee to move the particular amendments on the concerned
Vote in the Committee of Supply.
(b) the Speaker may require that an appropriate Addendum be made to the Estimates as
tabled to reflect the amendments made by the Assembly on the Estimates or
respective Votes.
(8) The Committee of Supply shall be a Committee of the whole Assembly.
Definition of a day
211. For the purposes of this Part, a day shall be deemed to consist of any period of not more
than three hours prior to 1.00 p.m. or of not more than three hours between 2.30 p.m. and
7.00 p.m. or of not more than three hours after 7.00 p.m.
Order of Votes
212. (1)The House Business Committee after consultation with the Liaison Committee shall
determine the order in which the Assembly shall consider the Votes of the various
Departments.
213. In the consideration of Votes under paragraph (1), the Votes earmarked for increase or
reduction pursuant to provisions of Standing Order 219 (Consideration of Supply
Resolutions)relating to the Assembly Resolutions on the Budget and Appropriations
Committee report on the Annual Estimates shall be prioritized.
Moving into Committee of Supply
214. (1) On an Order of the Day for Committee of Supply being read, the Chairperson of the
relevant Sectoral Committee or a Member designated by the Committee shall move the
motion “That the Sum of Kshs……… be issued from the County Revenue Fund to meet
the expenditure during the year ending 30th June, 20— in respect of Vote…
Department…”
Procedure in Committee of Supply
215. (1) A maximum of seven days shall be allotted for the consideration in Committee of Supply of
proposals in respect of the Annual Estimates.
(2) Not more than three hours shall be spent on any debate for approval of a Vote, and any
Vote which has not been granted within the period provided for under paragraph (1) shall be
left for disposal under paragraph (13)of this Standing Order.
76
(2) The Chairperson of the Committee of the Whole Assembly shall put severally the
questions with respect to the Votes of the Annual Estimates namely, that, the several
amounts of such Votes be granted.
(3) An amendment to the budget estimates may be made by the Assembly only if it is in
accordance with the resolutions adopted regarding the County Fiscal Strategy Paper and
if—
(a) any increase in expenditure in a proposed appropriation, is balanced by a reduction in
expenditure in another proposed appropriation; and
(b) any proposed reduction in expenditure is used to reduce the deficit.
(5) Where a Bill originating from a member of a Assembly proposes amendments after the
passing of budget estimates and the Appropriations Bill by the Assembly, the Assembly
may proceed in accordance with the resolutions adopted regarding the County Fiscal
Strategy Paper and ensure—
(a) an increase in expenditure in a proposed appropriation is balanced by a reduction
in expenditure in another proposed appropriation; or
(b) a proposed reduction in expenditure is used to reduce the deficit.
(6) An amendment to any Vote to increase the sum allotted thereto whether in respect of
any item or subhead or of the Vote itself may only be moved in accordance with the
resolution made by the Assembly during the consideration of the Report of the Committee
on the Annual Estimates
(7) An amendment in the Committee of Supply may be in the in the form of a motion “That
Vote…… be increased/reduced by Kshs…… ( in respect of sub-head……item …..) ( subhead……)” or in such other form as the Speaker may approve
(8) An amendment to leave out a Vote shall not be in order, and shall not be placed on the
Order Paper, and a Member desiring to do so should instead oppose the approval of the
Vote.
(9) In the case of each Vote, amendments in respect of items or sub-heads under that Vote
shall be placed upon the Order Paper, and considered in the order in which the items or
sub-heads, to which they refer, stand under the Vote in the Estimates.
(10) When notice has been given of two or more amendments to reduce the same item, subhead, or the Vote itself, they shall be placed in the Order Paper and considered in the order
of the magnitude of the reductions proposed, the amendment proposing the largest
reduction being placed first in each case. The reduced amount in respect of a Vote may be
transferred to another Vote provided that other Vote has not been disposed of.
(11) Debate on every amendment shall be confined to the item, sub-head or the Vote to
which the amendment refers, and after an amendment to an item or sub-head has been
disposed of, no amendment or debate on a previous item or sub-head of that Vote shall be
permitted.
77
(12) When all amendments in respect of any particular Vote have been disposed of, the
Chairman shall again propose the question “That the Sum of Kshs……… be issued from the
County Revenue Fund to meet the expenditure during the year ending 30th June, 20—
in respect of Vote… Department… or shall propose the amended question “That the
(increase) (reduced) Sum of Kshs……… be issued from the County Revenue Fund to meet
the expenditure during the year ending 30th June, 20— in respect of Vote…
Department…
(13) Paragraphs (3), (4) and (5) shall, with necessary modifications, apply in consideration of
Budget Estimates by Sectoral Committees.
(14) On the last of the allotted days, being a day before 20th of June, the Chairperson shall,
one hour before the time for the interruption of business, forthwith put every question
necessary to dispose of the debate for approval of the Vote then under consideration, and
shall then forthwith put severally the questions necessary to dispose of every Vote not yet
granted; and if at that time the Assembly is not in Committee, the Assembly shall forthwith
move into committee without question put, for that purpose.
(15) On any day upon which the Chairperson is under this order directed to put forth with
any question, the consideration of the business of Supply shall not be anticipated by a
Motion for the adjournment of the Assembly, and no dilatory Motion shall be moved in
relation to that business, and the business shall not be interrupted under any Standing
Order.
(16) On the last of the allotted days, no business other than the business of Supply shall be
taken until the business of Supply has been completed.
(17) Upon approval of the budget estimates by the Assembly, the Budget and Appropriations
Committee shall introduce the Appropriation Bill.
Pronouncement of the Budget highlights and Revenue raising measures before the
Budget and Appropriations Committee
216. (1) The Member of County Executive Committee responsible for finance shall appear before
the Budget and Appropriations Committee for the purpose of making a public
pronouncement of the budget policy highlights and revenue raising measures for the county
government.
(2)On the same date that the budget policy highlights and revenue raising measures are
pronounced, the Member of County Executive Committee responsible for finance shall submit
to the Assembly a legislative proposal, setting out the revenue raising measures for the county
government, together with a policy statement expounding on those measures.
(3) A member of the Assembly may attend and participate in the sittings of the Committee
during the occasion
(4) Any recommendations made by the relevant committee or adopted by the Assembly on
revenue matters shall –
78
(a) ensure that the total amount of revenue raised is consistent with the approved fiscal
framework and the County Allocation of Revenue Act;
(b) take into account the principles of equity, certainty and ease of collection;
(c) consider the impact of the proposed changes on the composition of tax revenue with
reference to direct and indirect taxes;
(d) consider domestic, regional and international tax trends;
(e) consider the impact on development, investment, employment and economic growth;
and
(f) take into account the taxation and other tariff agreements and obligations that Kenya has
ratified, including taxation and tariff agreements under the East African Community
Treaty.
(5) The recommendation of the Member of County Executive Committee responsible for
finance shall be included in a report and tabled in the Assembly.
Vote on Account
217. (1)Following approval of the Budget Estimates, if the County Appropriation Bill for a financial
year has not been assented to, or is not likely to be assented to by the beginning of that
financial year, the Assembly may authorize the withdrawal of money from the County
Revenue Fund.
(2) A motion seeking the authorization of withdrawals under paragraph (1) shall be known
as a Vote on Account.
(3) Money withdrawn under subsection (1)—
(a) may be used only for the purpose of meeting expenditure necessary to carry on the
services of the county government during the financial year concerned until such time
as the relevant appropriation law is passed; and
(b) may not exceed, in total, one-half of the amount included in the estimates of
expenditure submitted to the Assembly for that year.
(4) The Speaker shall, within seven days, communicate the authorization in subsection (1) to
the County Executive Committee member for finance.
(4) The money withdrawn under subsection (1) shall be included in the appropriation law,
under separate votes, for the services for which it is withdrawn
(6) If on the last allotted day the question with respect to a motion under paragraph (2) shall
not have been put, the Chairperson of the Committee of the Whole Assembly shall, half an
hour before the time for the interruption of business, forthwith put the question.
Procedure on Supplementary Estimates
218. (1) The County Government shall submit to Assembly for approval, a supplementary budget in
support of money spent under section 135 of the County Government Act 2012
(2) The supplementary budget shall include a statement showing how the additional
expenditure relates to the fiscal responsibility principles and financial objectives.
79
(3) Paragraphs (3) and (4), of Standing Order 215 (Procedure in Committee of Supply) shall
with the necessary modifications, apply to Supplementary Estimates.
(4) On any day on which an Order of the Day for Committee of Supply has been set down
under this Standing Order, the business of such order shall commence not later than
three hours before the time for interruption of business.
(5) Unless the Assembly orders that the business under paragraph (3) shall continue for
more than one day, the Chairperson of the Committee of the Whole Assembly shall, half
an hour before the time for interruption of business forthwith put every question
necessary to dispose of the Motion then under consideration and shall then forthwith put
severally the questions necessary to dispose of the business of Supply under the same
Order of the Day.
(6) On any day upon which the Chairperson is under this order directed to put forth with
any questions, the consideration of the business of Supply 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.
(7) Except as provided in this Standing Order, the approval of the Assembly for any spending
under this section shall be sought within two months after the first withdrawal of the
money.
(8) If the Assembly is not sitting during the time contemplated in paragraph (7) , or is sitting
but adjourns before approval has been sought, approval shall be sought within fourteen
days after it next sits.
(9) After Assembly has approved spending under subsection (1), an Appropriation Bill shall
be introduced for the appropriation of the money spent.
Consideration of Supply Resolutions
219. (1) The report or any resolution of the Committee of Supply shall be considered by the
Assembly forthwith, unless the Assembly otherwise orders, upon a Motion, “That, the
Assembly do agree with the Committee in the said resolution”.
(2) The question on any Motion moved under paragraph (1) of this Standing Order shall be
put forthwith, no amendment, adjournment or debate being allowed, unless a member
desires to amend or to add to the resolution in which case the member may propose an
amendment to add, at the end of the Motion, the words “subject to the re-committal of
the resolution (in respect of some specific amendment, or addition) to the Committee of
Supply”.
(3) If the Motion is agreed to with the member’s amendment, the resolution shall stand recommitted to the Committee of Supply and the Assembly shall either forthwith or upon a
day determined by the member dissolve itself into Committee of Supply to consider the
resolution so re-committed.
80
(4) When any resolution of the Committee of Supply has been re-committed to the
Committee, the Committee shall consider only the matters in respect of which it was so
re-committed and any matter directly consequential thereon.
(5) Except as provided by paragraph (3) of this Standing Order, paragraphs (2) and (3) the
provisions of this Standing Order shall apply in respect of a resolution so re-committed.
Passage Finance Bill
220. Not later than ninety days after passing the Appropriation Bill, the Assembly shall consider
and approve the Finance Bill with or without amendments.
Consideration of Finance Bill
221. (1) Following the submission of the legislative proposal by the Member of County Executive
Committee responsible for finance under Standing Order 216 (Pronouncement of the Budget
highlights and Revenue raising measures), the Finance Committee shall introduce, to the
Assembly, the Finance Bill in the form in which the bill was submitted as a legislative proposal
by the Member of County Executive Committee responsible for finance together with any the
report of the committee on the Bill.
(2) Any of the recommendations made by the Committee or adopted by the Assembly on
revenue matters shall –
(a) ensure that the total amount of revenue raised is consistent with the approved
fiscal framework;
(b) take into account the principles of equity, certainty and ease of collection;
(c) consider the impact of the proposed changes on the composition of the tax
revenue with reference to the direct and indirect taxes;
(d) consider domestic, regional and international tax trends;
(e) consider the impact on development, investment, employment and economic
growth;
(f) take into account the recommendations of the County Executive Committee
member for finance; and
(g) take into account the taxation and other tariff agreements and obligations that
Kenya has ratified, including taxation and tariff agreements under the East African
Community Treaty.
(3) The recommendation of the Member of County Executive Committee responsible for
finance shall be included in the report and tabled in the Assembly
PART XXV – JOURNALS AND RECORDS OF PROCEEDINGS
Journals of the Assembly
222. All votes and proceedings of the Assembly shall be noted by the Clerk and shall constitute the
Journals of the Assembly.
81
Custody of Journals and Records
223. (1) The custody of the Journals and Records, whether audio, electronic or any other form,
including all papers and accounts howsoever presented to or belonging to the Assembly, shall
be vested in the Clerk, who shall unless otherwise prohibited by any law, allow their access by
the public.
(2) The Clerk shall publish the Votes and Proceedings of the Assembly within forty eight
hours of any sitting.
(3) The Speaker may make rules to regulate the access by the public to Journals and Records
under paragraph (1).
Hansard reports
224. (1) There shall be published within forty eight hours, a verbatim report of all proceedings of
the Assembly, unless the Speaker is satisfied that this is rendered impossible by some
emergency.
(2) Every Member shall have an opportunity to correct the draft verbatim report of his or her
contribution, but not so as to alter the substance of what the Member actually said.
(3) Where there is doubt as to the content of the verbatim record of the Assembly, the
Speaker shall make a determination.
Secret or personal matters
225. The Speaker may direct any matter which, in the Speaker’s opinion, is secret or purely
personal to be excluded from the Journals of the Assembly and from the verbatim report of
the proceedings of the Assembly, and to be the subject of a separate verbatim report, which
shall be kept in the custody of the Clerk and made available only to Members.
226. Broadcast and House Proceedings
(1)The proceedings of the House may be broadcast
(2)The Broadcasting of the proceedings of the House shall comply with rules set out in the
First schedule of these Standing Orders.
PART XXVI – PUBLIC ACCESS TO THE ASSEMBLY AND ITS COMMITTEES
General provisions on access to the Assembly
227. (1) Except as may be expressly provided to the contrary, every person has access to the
Assembly and its committees.
(2) The Assembly or a committee may not exclude any person, or any media, from a sitting
of the Assembly or of a committee unless, in exceptional circumstances, the Speaker has
determined that there are justifiable reasons for the exclusion.
(3) The Speaker may, from time to time, issue rules governing public access to the Assembly
and its committees.
Restriction of access to the Chamber
228. (1) No person other than a Member shall be admitted into any part of the Chamber
appropriated to the exclusive use of Members of the Assembly while the Assembly or the
Committee of the whole Assembly is sitting.
82
(2) Paragraph (1) does not apply to the Clerk or other officers Assembly when discharging
their duties in the service of the Assembly.
Exclusion from the Assembly or committees
229. (1) A Member may, at any time, rise to claim that the public or any particular person be, for
reasons stated, excluded from the Assembly or from a committee, and if the Speaker is of
the opinion that there are justifiable reasons for the exclusion, he or she may order that the
public or such person withdraw from the Assembly or the committee.
(2) Whenever the Speaker has determined that any person be excluded from a sitting of the
Assembly or of a committee, the Speaker shall inform the Assembly or Committee the
reasons for the exclusion.
(3) A determination by the Speaker under paragraph (2) shall not be the subject of comment
or debate.
(4) The Clerk shall ensure that an order for the withdrawal of the public or a person is
complied with.
Press representatives infringing Standing Orders or the Speaker’s Rules
230. Any media institution whose representative infringes these Standing Orders or any rules
made by the Speaker for the regulation of the admittance of the public to the Assembly or to
committees or persistently misreports the proceedings of the Assembly, or neglects or
refuses on request from the Speaker to correct any wrong report in respect of the
proceedings of the Assembly to the satisfaction of the Speaker, may be excluded from
representation in the Press gallery for such period as the Speaker shall direct.
PART XXVII– GENERAL
Exemption of business from Standing Orders
231. (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 (Presiding, Calendar, Sittings and
Adjournments of the Assembly), Part VIII (Order of Business), Part XVI (Limitation of
Debate), Part XVIII (Public Bills), Part XIX (Private Bills), Part XX (Committee of the whole
Assembly) Part XXIII (Financial Procedures), Part XXI (Select Committees), Part XXII (Public
Petitions) and Part XXV (Public Access to the House 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 Part XIV (Procedure for Removal from State Office), Standing
Order 117 (Publication), Standing Order 118 (Not more than one stage of a Bill to be taken at
the same sitting) or Standing Order 206 (Restrictions with regard to certain financial
measures).
(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 House.
83
(4) 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.
Failure to attend sittings
232. (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
(5) 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 103 (1) (b) of the Constitution, the
office of the Member concerned has become vacant.
Seating in the Chamber
233. (1) There shall be reserved seats in the Chamber of the Assembly for the exclusive use of
each of the following-
(a) the Deputy Speaker;
(b) the Leader of the Majority Party;
(c) Leader of the Minority Party;
84
(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
234. (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
235. There shall 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.
PART XXVIII –AMENDMENT OF STANDING ORDERS
Proposals for amendment by the Assembly Rules and Delegated Legislation
Committee
236. The Assembly Rules and Delegated Legislation Committee may at any time propose
amendments to these Standing Orders.
Amendment on the initiative of a Member
237. (1) A Member may, with the support of at least two other Members, request the Procedure
and Assembly Rules Committee to consider an amendment to the Standing Orders.
(2) A request under paragraph (1) shall be in writing and shall-
(a) contain the text of the proposed amendment and the justification for the proposal;
(b) contain the names and signatures of the Members supporting the request;
(c) be lodged with the Speaker.
(3) The Speaker shall, if satisfied that the requirements of paragraphs (1) and (2) have been
met, forward the request to the Assembly Rules and Delegated Legislation Committee
Committee.
(4) The Assembly Rules and Delegated Legislation Committee shall, within twenty-one days
of the receipt of a request under paragraph (3), consider the request and table a report in the
Assembly containing the amendments proposed in the request and the recommendations of
the Committee on each such proposal.
85
(5) The Assembly shall consider the proposed amendments to the Standing Orders as
reported from the Assembly Rules and Delegated Legislation Committee on a Motion that
“The report of the Assembly Rules and Delegated Legislation Committee be approved”.
(6) upon an approval of a motion to amend these Standing Orders, the amendment shall
take effect forthwith.
Periodic review of Standing Orders
238. At least once in every term of Assembly, not later than six months to the end of the term,
the Assembly Rules and Delegated Legislation Committee shall review the Standing Orders
and make a report to the Assembly recommending the Standing Orders, if any, to be
amended.
Revocation of previous Standing Orders
239. The Interim County Assembly Standing Orders adopted by the Assembly on ………. during
the First Session of the First Assembly are hereby revoked.
FIRST SCHEDULE
BROADCASTING RULES
(Standing Order 226)
County Assembly Broadcasting Unit
1. (1) There is established the County Assembly Broadcasting Unit, which shall oversee the
broadcasting of County Assembly proceedings.
(2) Unless the Assembly otherwise directs, the County Assembly Broadcasting Unit may broadcast
the proceedings of County Assembly and provide access to County Assembly information.
County Assembly privilege
86
2. Audio and visual digital footage of County Assembly proceedings shall be covered by the laws
relating to County Assembly privilege and shall be kept as part of the records of the County
Assembly, under the custody of the Clerk of the County Assembly.
Television broadcasting
3. When broadcasting the proceedings of the County Assembly on television, the following
guidelines shall apply-
(a) The camera shall focus on the Member recognized by the Chair until the Member has finished
speaking;
(b) Group shots and cut-always may be taken for purposes of showing the reaction of a group of
Members to an issue raised on the Floor;
(c) Wide-angle shots of the Chamber shall be used during voting and Division and no shot shall
be taken so as to show the manner in which a Member has voted in any secret ballot.
(d) Officers of the County Assembly taking an active role in the proceedings may be shown;
(e) The occupant of the Chair shall be shown when taking and leaving the Chair and whenever he
or she rises;
(f) Press and public galleries shall not be shown except as part of the wide angle shots and during
important functions as may be determined by the County Assembly Broadcasting Committee;
(g) No close-up shots of Members’ papers or reference materials may be shown.
Radio broadcasting
4. When broadcasting the proceedings of the County Assembly on radio, the following guidelines
shall apply-
(a) Audio recording shall be restricted to proceedings of the County Assembly and the
Committees;
(b) Commentaries during a live broadcast shall be limited to the introduction of a matter under
debate and of the Member on the floor.
Protection of the dignity of the County Assembly
5. (1) Officers of the County Assembly Broadcasting Unit shall conduct themselves in a
professional and impartial manner, giving a balanced, fair and accurate account of proceedings.
(2) Shots designed to embarrass unsuspecting Members of County Assembly shall not be shown.
(3) Recordings of County Assembly proceedings may not be used for purposes of political party
advertising, ridicule, commercial sponsorship or any form of adverse publicity.
87
External media
6. (1) In these Rules, “external media Assembly” refers to any media Assembly other than the
County
Assembly Broadcasting Unit.
(2) No external media Assembly or other person may broadcast any proceedings of the Assembly
except as received from the broadcast feed provided by the County Assembly Broadcasting Unit
or with the permission of the Speaker.
(3) A media Assembly that receives a broadcast feed from the County Assembly Broadcasting Unit
shall broadcast it without any manipulation or distortion.
(4) No camera or other recording or broadcasting equipment shall be allowed in the Assembly
without authorization.
(5) Accredited journalists shall be allowed access to designated areas for purposes of following the
proceedings and taking notes and any journalist so allowed shall observe the Standing Orders and
these Rules.
Breach of broadcasting Rules
7. (1) Any person who fails to comply with these Rules shall be liable to such penalty as the
Assembly may on the recommendation of the County Assembly Broadcasting Committee may
consider appropriate.
(2) The County Assembly Broadcasting Committee shall develop procedures for the enforcement
of these Rules.
Application
8. These Rules shall apply for the broadcasting of County Assembly proceedings in the Assembly,
in Committees and, with necessary modifications, in other County Assembly proceedings and
events.
88
SECOND SCHEDULE
SECTORAL COMMITTEES
[Standing Order 195] Agriculture All matters related to agriculture, including crop and animal husbandry
,livestock sale yards, county abattoirs, plant and animal disease
control and fisheries veterinary services (excluding regulation of the
profession, animal control and welfare)
Health Services all matters related to county health services, including, in particular
county health facilities and pharmacies, ambulance services,
promotion of primary health care, licensing and control of undertakings
that sell food to the public, cemeteries, funeral parlours and crematoria.
Licensing of dogs and facilities for the accommodation, care and burial of
animals water and sanitation services. Refuse dumb and solid waste
removal
Culture, Sports and
Community
Services ,
All matters related to Cultural activities, public entertainment
and public amenities, including betting,casinos and other forms of
gambling, racing,cinemas, video shows and hiring, libraries,museums,
sports and cultural activities and facilities and county parks, beaches and
recreation facilities; fire fighting services and disaster management,
control of drugs and pornography;
County Roads,
Transport and Public
Works,
All matters related to county transport, including county
roads, street lighting, traffic and parking, public roadtransport and
ferries and harbours, excluding the regulation of international and
national shipping and matters related thereto; county public works and
services including storm water management systems in built-up areas
Trade, Tourism,
Cooperative,
and Planning
All matters related to trade development and regulation, including
markets, trade licenses (excluding regulation of professions), fair trading
practices, local tourism and cottage industry, and cooperative societies,
liquor licensing ,markets, outdoor advertising county planning and
development including County statistics.
Early Childhood
Education
and Vocational
All matters related to pre-primary education village polytechnics home
craft centers and childcare facilities
89
Training
Labour,Gender,
Youth and Social
Welfare
all matters relating to gender, youth, people with disability children’s
welfare and elderly citizens labor, trade union relations, man power or
human resource planning.
Justice and Legal
Affairs
Constitutional affairs, the administration of law and justice, including the
elections, ethics, integrity and anti-corruption and human rights. Public
Petitions
Information
Communication
Technology
(ICT)and egovernment
All matters relating to access, development, Use and skill in ICT
and e- government.
Access to information for PWDs
Land, Housing and
Physical Planning,
land survey and mapping, rating,boundaries, fencing and housing and
urban development
Governance and
security
Ensuring and coordinating the participation of communities and locations
in governance at the local level and assisting communities and locations
to administrative capacity for the effective exercise of the functions and
powers and participation in governance at the local level, county security
,consultation and cooperation between National and county government
,dispute resolution between the county government and national
government and other county government. Conducting civic Education
Energy, Environment
and Natural
Resources
Implementation of specific national government policies on natural
resources and environmental conservation, including soil water
conservation and control of water conservation and forestry, noise,
pollution and other public nuisances, refuse removal, All matters relating
to energy development including alternative sources of energy such as
biogas ,county electricity reticulation, water sources development and
improvements, sewerage and drainage system maintenance
Committee on
Finance
Overseeing granting and administration of donations and grants;
approving taxation measures including interrogation and approving of
Finance Bill; identifying and advising on new revenue streams; monitoring
implementation of Finance Bill and Finance raising measures; considering
requests for borrowing of loans by County Government including
consideration of the relevant regulations; overseeing the implementation
of Ward Development Fund and other Funds as contemplated in Section
116 of the Public Finance Management Act, 2012
90
THIRD SCHEDULE
GENERAL FORM OF A PUBLIC PETITION
[PART XXIII of the Standing Orders] I/We, the undersigned,
(Here, identify in general terms, who the petitioner or petitioners are, for example, citizens of
Kenya, residents of Nakuru County, workers of industry, etc.)
DRAW the attention of the Assembly to the following:
(Here, briefly state the reasons underlying the request for the intervention of the Assembly by
outlining the grievances or problems by summarizing the facts which the petitioner or petitioners
wish the Assembly to consider.)
THAT
[Here confirm that efforts have been made to have the matter addressed by the relevant body,
and it failed to give satisfactory response.] THAT
[Here confirm that the issues in respect of which the petition is made are not pending before any
court of law, or constitutional or legal body.] HEREFORE your humble petitioner(s) Pray that Assembly—
(Here, set out the prayer by stating in summary what action the petitioners wish Assembly to take
or refrain from.)
Name of petitioner Full Address National ID or Passport No Signature/Thumb
impression
……….. …………… ……………. ………………..
……….. …………… ……………. ………………..
……….. …………… ……………. ………………..
(Here, repeat the summary in first page)
Name of petitioner
Signature/Thumb impression
…………………………………………… ……………………………………………
…………………………………………… ……………………………………………
…………………………………………… ……………………………………………
(Subsequent Pages)
* This form may contain such variations as the circumstances of each case may require.