Thursday, 28th March, 2013

“LEGAL NOTICE No.56 THE CONSTITUTION OF KENYA FIRST SITTING OF THE SENATE

On a point of order, Mr. Clerk. You have just informed us that a number of people have withdrawn. Whereas we have no problem with that, because of the calling placed on the Senate and the seriousness that the country is viewing the Senate with, it would be important to the country to know why people who had few hours ago, lobbied us and asked some of us to propose and second them have withdrawn. Kenyans know that this Senate will not be for purposes of playing political games where people want to pull towards one region, party or ethnic community. Could we know the reasons these people withdrew their candidature before we vote?

The Clerk of the Senate (Mr. Nyegenye) : Sen. (Dr.) Khalwale, it is the right of any qualified citizen to put in their candidature for the Office of Speaker and the Office of Deputy Speaker and to similarly, at anytime before the commencement of the ballot, to withdraw. The reason that provision has been made specifically in our Standing Orders of the Senate for withdrawal is because of the recognition of the prerogative and right of every candidate to put in their names and withdraw before the commencement of the ballot. They are not required to assign any reasons for such withdrawal. I am unable to take up your invitation to require that reasons be furnished.

We will accordingly proceed in the manner that I was detailing. I direct that the ballot box be now locked in the presence and viewing of the Senate.

On a point of order, Mr. Clerk. We are also curious as to what gadget you will use for the tallying of the votes.

The Clerk of the Senate (Mr. Nyegenye) : Hon. Sen. Omar, you will shortly observe.

Thank you very much. Hon. Senators, Standing Order No.6 (3) requires that the Clerk shall issue not more than one ballot paper to each Senator who comes to the Table to obtain it and each Senator 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 Senator wishes to vote, fold the marked ballot paper before leaving the booth or area and place the folded ballot paper in the ballot box.

The polling booths are on my left as displayed.

Pursuant to this Standing Order, I now direct that a ballot paper be issued to each Senator who comes to the Table to obtain it. To facilitate this process, the name of each Senator shall be called out, following which the Senator shall come to the Table, on my extreme left and obtain a ballot paper. Each Senator shall then proceed to either of the two polling booths which are clearly marked and while there, mark the ballot paper and fold it. The Senator will then place the marked ballot paper in the ballot box. We are now ready and shall commence the voting process.

On a point of order, Mr. Clerk. I think that it would be important to have representatives of the candidates of the coalition parties in the tallying and counting of votes.

The Clerk of the Senate (Mr. Nyegenye) : Thank you. That point is noted and acknowledged. At the appropriate time we will invite the agents or any other interested Senator who would like to view the counting and tallying to be present, but we are not yet at that point. So, we are ready to proceed in the manner that I have detailed.

The Clerk of the Senate

(Mr. Nyegenye)

: Hon. Senators, Standing Order No.6 requires the Clerk to facilitate any Senator with any disability to vote by invoking such measures as may be necessary. I will, therefore, invite the Serjeant-at-Arms to carry the ballot box in the full view of the House. We will then proceed to where Senator Leshore is seated and allow him to proceed and vote. We will ensure that it is a secret ballot by retreating to permit the Senator to vote.

The Clerk of the Senate (Mr. Nyegenye) : Hon. Senators, again, we will facilitate Sen. Kipchumba to vote at his place. So, as soon as Sen. (Prof.) Kindiki has voted, we will proceed with the ballot box to the place where Sen. Kipchumba is seated. Again, my team and I will withdraw to facilitate the Senator to vote secretly.

Hon. Senators, again, we will facilitate Sen. Kipchumba to vote at his place. So, as soon as Sen. (Prof.) Kindiki has voted, we will proceed with the ballot box to the place where Sen. Kipchumba is seated. Again, my team and I will withdraw to facilitate the Senator to vote secretly. (The Clerks-at-the Table assisted Sen. Kipchumba to vote) (Sen. Kipchumba proceeded to vote) (Hon. Senators proceeded to vote)

The Clerk of the Senate (Mr. Nyegenye): Hon. Senators, from our records, every Senator present has collected a ballot paper and voted. However, I still avail the opportunity for any Senator present who has not been called or who has not come down to collect a ballot paper and vote.

There being none, hon. Senators, Standing Order No.6(6) provides that when it appears to the Clerk that all Senators who were present and wished to vote have placed their ballot papers in the ballot box, the Clerk shall cause to be unlocked the box, examine the ballot papers and having rejected those ballot papers that are unmarked or spoilt, report the result of the ballot; and no Senator who has not already recorded his or her vote shall be entitled to do so after the Clerk has unlocked the ballot box.

Hon. Senators, pursuant to this Sanding Order, it now appears to me that all Senators who are present and who wish to vote have done so. Therefore, pursuant to Standing Order No.6 (6), I now direct that the ballot box be unlocked and that each ballot paper be examined.

Before we proceed to do that, Sen. Muthama had requested – we are happy to accede to this request - there are three candidates on the ballot namely; Ekwee David Ethuro, Maalim Farah and Omondi Erick Desailly. If there is any Senator present who wishes to be an agent for these candidates within reasonable numbers; perhaps one each, we will be happy to accede to have them present at the table when the tallying is done.

So, for Ekwee Ethuro David, I take it that it will be Sen. Kithure Kindiki, for Maalim Farah, I take it that it will be Sen. Muthama and for Omondi Erick Desailly, Sen. Hassan Omar volunteers, his human rights record coming in handy.

I will now direct that the Box be unlocked, the contents will then be emptied and there will be a clerk each to take the votes for each of the candidates. One clerk will call out and display each ballot paper prominently and say aloud the person for whom the ballot paper is marked. We will provide a microphone for that purpose so that you can be heard.

(The Clerks-at-the-Table opened the ballot box and proceeded to count the votes) The Clerk announced the results of the first ballot as follows:-

Could we have the agent for Hon. Maalim execute the Form 36 so that he does not go to the Supreme Court with fabricated results?

On a point of Order, Mr. Clerk. I can confirm that I signed the form. I was not quite sure whether the other agents signed that form.

The Clerk of the Senate (Mr. Nyegenye) : Hon. Senators, the forms have been dully signed, we await the advent of the Speaker-elect. We will meanwhile prepare to Swear-in the Speaker-elect. The clerks will proceed to take their places.

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Hon. Senators, I feel greatly honoured and highly privileged today to have been elected to this esteemed position of the Speaker of the Senate. I am humbled by the immense confidence and the trust that you have demonstrated and bestowed on me. I also wish to salute and to thank my able opponents for upholding a high degree of democracy.

Allow me, hon. Senators, from the very beginning to convey my sincere congratulations to the entire membership of this House for your successful election. I also want to salute you, my Senators, for giving me this onerous mandate of the Office of the Speaker and for entrusting me with this task and noble duty to serve you.

As you assemble here this morning, it is important to visualize the re- establishment of the Senate with a sense of history. The first Senate existed in the immediate post-independence period from 1963 until 1966 when the Provincial Assemblies were scrapped and the Senate itself got dissolved. The Members of the Senate then were combined with those of the House of Representatives into a unicameral National Assembly. The independence Senate was conceived as a model of governance

Kenyans and harness it with the various counties for the well being and welfare of the people of Kenya, for faster growth, more equitable development and of the less developed and marginalized counties of the Republic of Kenya.

We invite, therefore, the people of Kenya, all our friends and development partners to work closely with and to support the work of our nascent Senate. I want to assure them that they will find a worthy partner in the Senate leadership and Secretariat.

We are cognizant of the need to develop and nurture strong collaboration with our Government and friends of Parliament in the effort to promote development in our counties in particular and Kenya as a whole. Hon. Senators, you may also wish to recall that the Kenyan Vision 2030 which is the country’s development blueprint aims at transforming Kenya into a new industrializing middle income country providing high quality of life.

We have an obligation as an institution and a duty to ensure that we make a contribution to this particular vision, especially in realizing the potential to promote growth and development at the grassroots levels and to stir rural economies.

The key challenges of development in Kenya remain poverty, unemployment and inequality. Highly developed countries like the United States of America (USA), Japan and China have been able to surmount these challenges by attaining the current levels of development mainly because they have given special attention to empowering their local entities to have increased both quality and volumes of trade especially international exports. This has been made possible by deliberate intensified and focused promotion of effective legislation, representation and oversight over revenues collected and allocated to various levels of governance. Kenyans will, therefore, expect nothing from us but the same so that our Senate can deliver on the promise of devolution.

As your Speaker, I wish to adopt and nurture collegiate leadership that will transform our Parliament by ensuring the following:-

to engage in objective, constructive and value adding deliberations. Therefore, we have to prioritize matters of national interests especially the promotion of peace and democratic ideals as we undertake our duties. It is, therefore, important that we make credible contributions to advance the image and the overall development of our country. Therefore, as a model legislative House for the country, we will be expected to offer the requisite inspiration, guidance and confidence to them. Hence, we have a duty to conduct ourselves with decorum, consistently observe the due process and to uphold the rule of law, legality and the culture of constitutionalism.

On my part, hon. Senators, I want to promise that under my stewardship, my commitment to the people and to you, is to be a faithful servant and diligently discharge my duties. I shall respect and uphold the rule of law and nurture the culture of constitutionalism, protect and defend our Constitution and always safeguard the role of the senate. Therefore, I call for your support and co-operation and welcome all of you to work with and the entire Senate leadership for the success of our country and prosperity.

Thank you all and God Bless Kenya.

On a point of order, Mr. Speaker, Sir, allow me to congratulate you and inform you that I wish to withdraw my candidature for the election to the Office of the Deputy Speaker of the Senate before the commencement of the ballot. Will I therefore be in order to proceed and table my withdrawal letter?

On a point of order, Mr. Speaker, Sir, allow me to congratulate you and inform you that I wish to withdraw my candidature for the election to the Office of the Deputy Speaker of the Senate before the commencement of the ballot. Will I therefore be in order to proceed and table my withdrawal letter?

Hon. Senators, you will just appreciate that I have just assumed office. So, we are still learning.

Sen. (Dr.) Machage, you are at liberty to do so and you may come forward to the Clerk.

Hon. Senators, Standing Order No.13 (1) provides that as soon as practicable after the election of a Speaker following a general election, a deputy speaker shall be elected. Standing Order No.13 (3) further provides that a procedure for electing a deputy speaker shall, with necessary modifications be the same as that prescribed for the election of the Speaker.

Hon. Senators, for the position of the Deputy Speaker, the following candidates were validly nominated as at the close of the nomination period:-

The Senator shall then place the marked ballot paper in the ballot box. We shall now commence the voting process.

Order, hon. Senators, Standing Order No.6 (6) provides;

“When it appears to the Speaker that all Senators 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 ballot papers that are unmarked or spoilt, report the results of the ballot; and no Senator who has not already recorded his or her vote shall be entitled to do so after the Clerk has unlocked the ballot box.” Pursuant to this Standing Order, it, therefore, appears to me that the Senators who are present and who wish to vote have placed their papers in the ballot box. I now direct that the ballot box be unlocked and each ballot paper be examined.

On a point of order, Mr. Speaker, Sir. You forgot to call out the representatives of the candidates at the tallying point.

Order, Sen. Muthama! I thought that was out of request by the Senators. So, put the request and it will be granted.

Mr. Speaker, Sir, I put in my request and propose that Sen. Ongoro represents Sen. Khaniri, and Sen. Mositet will represent Sen. Kembi Getura.

On a point of order, Mr. Speaker, Sir. Since there are only two candidates, the rule of two-thirds does not apply.

On a point of order, Mr. Speaker, Sir. Since there are only two candidates, the rule of two-thirds does not apply.

Order, Sen. Kuti! The rule is not applicable to the number of candidates but to the number of votes you get in the first round of voting. So,

it is required that you get a clear majority of two-thirds for you to be declared in the first round. Failure to do so, we have to go to the second round.

I, therefore, declare that we go to the second round.

Hon. Senators, whoever wanted to vote has voted and so we would wish to start the counting of the votes and their scrutiny but since there was an interest in the agents, maybe the agents can come and witness the counting of the ballot papers.

Order, hon. Senators! We have come to the conclusion of that particular exercise, but I need to give you the requirements on the custody of ballot papers.

Order, hon. Senators! We have come to the conclusion of that particular exercise, but I need to give you the requirements on the custody of ballot papers.

- “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 Senate and kept in the custody of the Clerk for a period of six months and shall thereafter be destroyed.” This provision also applies to the election of the Deputy Speaker.

Hon. Senators, the Clerk shall now proceed to pack and seal all the ballot papers on the election of the Speaker and the Deputy Speaker for safe custody in terms of Standing Order No.10.

Hon. Senators, there being no further business, the House now stands adjourned until such date as shall be notified as the date set for opening of Parliament.

The Senate rose at 1.55 p.m.