As adopted by the Senate on 16th June, 2022 pursuant to

Article 124 of the Constitution and Standing Orders 269 and

270 of the Senate Standing Orders, and amended on 23rd
March, 2023 and 28th May, 2024.
 As adopted by the Senate on 16th June, 2022 pursuant to
Article 124 of the Constitution and Standing Orders 269 and
270 of the Senate Standing Orders, and amended on 23 rd
March, 2023 and 28th May, 2024.
ii THE STANDING ORDERS OF THE SENATE
 Contents

PRAYER ............................................................................. xix

OMBI ................................................................................... xx

PART I — INTRODUCTORY ............................................ 1

1. In cases not provided for, the Speaker to decide 1
2. Interpretation ....................................................... 1

PART II — SWEARING-IN OF SENATORS .................... 5

3. Proceedings on assembly of a new Senate........... 5

PART III — ELECTION OF SPEAKER AND DEPUTY

SPEAKER ............................................................................. 7
4. Election of Speaker ............................................... 7
5. Nomination of Candidates .................................... 8
6. Secret Ballot ......................................................... 9
7. Election Threshold .............................................. 11
8. Withdrawal of Candidate .................................... 12
9. Equality of Votes ................................................ 12
10. Custody of Ballot Papers ..................................... 12
11. Single Duly Nominated Candidate ...................... 12
12. Swearing-in of the Speaker .................................. 13
13. Election of Deputy Speaker ................................. 13
14. Notification of Opening of Parliament................. 13

PART IV – VACANCY IN THE OFFICE OF SPEAKER

AND DEPUTY SPEAKER ................................................. 14
15. Resignation ........................................................
THE STANDING ORDERS OF THE SENATE 14 iii
16.
17. Removal from Office ......................................... 14
18. Conduct of business during vacancy ................. 18

PART V — PRESIDING IN THE SENATE ..................... 18

19. Presiding in the Senate....................................... 18
20. Presiding in Committees of the Whole .............. 18
21. Speaker’s Panel.................................................. 19
22. Discharge of a Senator from Speaker’s Panel.... 20

PART VI –– SENATE POLITICAL LEADERSHIP ....... 20

23. Senate Majority Leader, Deputy Senate Majority
Leader, Senate Majority Whip and Deputy Senate
Majority Whip ................................................... 20
24. Senate Minority Leader, Deputy Senate Minority
Leader, Senate Minority Whip and Deputy Senate
Minority Whip ................................................... 23

PART VII — ADDRESS BY PRESIDENT AND VISITING

DIGNITARY ....................................................................... 25
25. President’s Address on opening of new
Parliament .......................................................... 25
26. President’s Address on Special Sitting ............... 25
27. President entering or leaving the Chamber........ 26
28. President’s Address to Parliament ...................... 26
29. President’s Address to the Senate ...................... 27

30. Visiting Dignitary .............................................. 27

iv THE STANDING ORDERS OF THE SENATE

PART VIII — CALENDAR, SITTINGS AND
ADJOURNMENTS OF THE SENATE ............................. 28
31. Location of Sitting of a New Senate .................. 28
32. Regular Sessions of the Senate .......................... 28
33. Senate Calendar ................................................. 29
34. Special Sittings of the Senate............................. 29
35. Hours of Meeting ............................................... 30
36. Adjournment of the Senate ................................ 32
37. Resumption of Interrupted Business ................. 32
38. Adjournment on Definite Matter of Urgent
National Importance .......................................... 33
39. Temporary suspension of a sitting ..................... 34

PART IX — QUORUM ...................................................... 35

40. Quorum of the Senate ........................................ 35
41. Quorum at commencement of a sitting of the
Senate. ............................................................... 35
42. Quorum during the proceeding of the Senate .... 35
43. Quorum during Voting or Division .................... 36

PART X — ORDER OF BUSINESS ................................. 37

44. Order Paper to be prepared and circulated ........ 37
45. Weekly programme of business of the Senate ... 37
46. Sequence of proceedings ................................... 38

PART XI — MESSAGES ................................................... 39

47. Messages to and from the National Assembly ... 39
48. Messages from the President ............................. 40

THE STANDING ORDERS OF THE SENATE v

49. Messages to and from County Assemblies ........ 40
50. Messages to and from County Governors.......... 42
51. Advisory Opinion by Speaker............................ 43

PART XII — QUESTIONS AND STATEMENTS ............ 43

52. Questions and Statements Time ......................... 43
(a) Questions ........................................................... 44
51A.Procedure for asking a Question ........................ 44
51B. Contents of Questions ....................................... 45
51C. Response to Questions by Cabinet Secretaries .. 46
51D.Non-attendance by Cabinet Secretaries ............. 48
(b) Statements.......................................................... 48
53. Senators’ General Statements............................. 48
54. Senators’ Requests for Statements ..................... 48
55. Procedure for Requesting Statements ................ 49
56. Contents of Requests for Statements ................. 49
57. Statements by Committee Chairpersons ............ 51
58. Statements by Senate Majority Leader and Senate
Minority Leader ................................................. 52
59. Personal Statements ........................................... 53

PART XIII—MOTIONS .................................................... 53

60. Application of Part............................................. 53
61. Notices of Motion .............................................. 53

62. Withdrawal of a Notice of Motion ..................... 55

63. Moving of Motions in amended form ................ 55

vi THE STANDING ORDERS OF THE SENATE

64. Certain Motions not to be moved ...................... 55
65. Time for moving Motions .................................. 56
66. Motions which may be moved without Notice 56
67. Manner of debating Motions ............................. 58
68. Amendments to Motions.................................... 58
69. Amendments to be in Writing ............................ 60
70. Amendments to be relevant to Motion .............. 61
71. Question proposed after Motion moved ............ 61
72. Motion in possession of the Senate ................... 61
73. Question as amended put ................................... 62
74. When amendment proposed but not made ........ 62

PART XIV—SPECIAL MOTIONS ................................... 62

75. Definition of Special Motion ............................. 62

PART XV — NOMINATION OR APPROVAL FOR

APPOINTMENT TO PUBLIC OFFICE .......................... 64
76. Application of Part............................................. 64
77. Nomination for Appointment by the Senate ...... 64
78. Approval Hearing by a Committee .................... 65

PART XVI — PROCEDURE FOR REMOVAL FROM

STATE OFFICE ................................................................. 66
79. Procedure for removal of President by
impeachment...................................................... 66

80. Procedure for removal of Deputy President by

impeachment...................................................... 68

THE STANDING ORDERS OF THE SENATE vii

81. Procedure for removal of a Governor ................ 68
82. Right to be heard ............................................... 70
83. Priority of Motion .............................................. 70

PART XVII — VOTING AND DIVISIONS ..................... 71

84. County Delegations ........................................... 71
85. Voting on a matter other than a Bill................... 72
86. Voting in the Senate ........................................... 72
87. Electronic voting ............................................... 73
88. Division Claimed ............................................... 74
89. Roll call voting .................................................. 75
90. In case of confusion or error .............................. 76
91. Errors corrected ................................................. 76
92. Decorum during division ................................... 76

PART XVIII — RULES OF DEBATE .............................. 77

93. Proceedings to be in Kiswahili, English or
Kenyan Sign Language ...................................... 77
94. Senators to address the Speaker ......................... 77
95. Two or more Senators requesting to speak ........ 77
96. Speeches may not be read .................................. 78
97. No Senator to speak after Question put ............. 78
98. Speaking twice to a Question ............................ 78
99. Point of Order .................................................... 79
100. Anticipating debate ............................................ 80

101. Proceedings of Select Committees not to be

referred to .......................................................... 80
viii THE STANDING ORDERS OF THE SENATE
102. Contents of Speeches ......................................... 81
103. Retraction and Apologies ................................... 82
104. Matters sub judice or secret............................... 82
105. Declaration of Interest ....................................... 84
106. Responsibility for statement of fact ................... 84
107. Senator who has spoken to question may speak to
amendment ........................................................ 84
108. Debate on amendment confined to amendment .85
108. Reserving rights of speech................................. 85
109. Closure of debate ............................................... 85
110. Adjournment of debate ..................................... 86

PART XIX — LIMITATION OF DEBATE ...................... 87

111. Limitation of Debate.......................................... 87

PART XX—ORDER IN THE SENATE AND IN

COMMITTEES .................................................................. 88
112. Maintenance of Order ........................................ 88
113. Security checks .................................................. 88
114. Firearms and other offensive weapons .............. 89
115. Senators’ bags .................................................... 89
116. When the Speaker rises Senators to be silent .... 89
117. Senators and the Chair ....................................... 89
118. Senators to be seated.......................................... 90

119. Senators to remain in their places until the

Speaker has left the Chamber ............................ 90
120. Irrelevance or repetition .................................... 90

THE STANDING ORDERS OF THE SENATE ix

121. Disorderly conduct ............................................ 90
122. Gross Disorderly Conduct ................................. 91
123. Senator may be suspended after being named ... 93
124. Senator suspended to withdraw from precincts of
Parliament .......................................................... 94
125. Duration of suspension of a Senator .................. 95
126. Action to be taken on refusal to withdraw ......... 96
127. Appeal against Suspension ................................ 96
128. Grave disorder in the Senate .............................. 97

PART XXI — PUBLIC BILLS .......................................... 97

129. Application of Part ............................................. 97
130. Introduction of Bills .......................................... 97
131. Pre-publication Scrutiny .................................... 99
132. Procedure upon publication ............................. 100
133. Concurrence on determination on Bills
concerning counties ......................................... 101
134. Printing of amending provisions...................... 101
135. Enacting Formula ............................................ 102
136. Memorandum of Objects and Reasons ............ 102
137. Provisions on Delegated Powers...................... 102
138. Limitation of Fundamental Rights and Freedoms.103
139. Publication ....................................................... 103
140. Bills amending the Constitution of Kenya ...... 104

141. Bills concerning County Governments............ 105

142. Not more than one stage of a Bill to be taken at

x THE STANDING ORDERS OF THE SENATE

 the same sitting ................................................ 106
143. Reading of Bills ............................................... 106
144. First Reading ................................................... 106
145. Committal of Bills to Committees and public
participation ..................................................... 106
146. Second Reading ............................................... 107
147. Power of Committee on a Bill to amend Bills .108
148. Reporting by a Standing Committee ............... 108
149. Referral of proposed amendments to Select
Committees ...................................................... 109
150. Committal of Bills to Committee of the Whole .. 109
151. Sequence to be observed on a Bill in Committee
of the Whole .................................................... 109
152. Procedure in Committee of the Whole on a Bill....110
153. Reporting of Progress ...................................... 113
154. Bill to be reported ............................................ 114
155. Procedure on Bills reported from Committee
of the Whole .................................................... 114
156. Procedure on Bills reported from a Select
Committee on a Bill......................................... 115
157. Procedure upon the re-committal of a Bill ...... 115
158. Third Reading .................................................. 116
159. Withdrawal of Bills.......................................... 116
160. Re-introduction of Bills ................................... 117
161. Referral of Senate Bills to the National Assembly ...118

162. Co-sponsorship of Senate Bills in the National

THE STANDING ORDERS OF THE SENATE xi

 Assembly ......................................................... 118
163. Consideration of Bills originating from the
National Assembly ........................................... 118
164. Procedure on National Assembly Bills after
Third Reading in the Senate ............................ 119
165. Consideration of National Assembly amendments
to Bills originating in the Senate ........................... 120
166. Mediation Committee ...................................... 121
167. Consideration of report of Mediation Committee ... 122
168. Custody of Bills ............................................... 124
169. Presentation of Bills for assent ........................ 124
170. Referral of Bills by the President..................... 125

PART XXII—PRIVATE BILLS ......................................... 127

171. Application of Public Bill procedure ............... 127
172. Saving clause ................................................... 127
173. Private Bill affecting private rights.................. 128
174. Petition for Leave ............................................ 128
175. Security for cost of printing ............................. 129
176. Bills authorizing construction works ............... 129
177. First Reading ................................................... 130
178. Right of audience before Committee on opposed
Bill ................................................................... 130
179. How Bills may be opposed .............................. 131
180. Printing expenses ............................................. 131

PART XXIII—COMMITTEE OF THE WHOLE ......... 131

181. Limits on consideration of matters by Committee
xii THE STANDING ORDERS OF THE SENATE
 of the Whole .................................................... 131
182. Committee of the Whole may not adjourn ...... 132
183. Report .............................................................. 132
184. No debate on Motion for Report...................... 132
185. General application of rules in Committee of
the Whole......................................................... 133

PART XXIV — PROCEDURE ON FINANCIAL

MATTERS ......................................................................... 133
186. Presentation of the Budget Policy Statement ... 133
187. Consideration of the annual Division of Revenue
Bill ................................................................... 135
188. Consideration of the County Allocation of
Revenue Bill .................................................... 137
189. Consideration of the Cash Disbursement
Schedule for county governments ................... 138

PART XXV — SELECT COMMITTEES ...................... 138

190. Senate Business Committee............................. 138
191. Procedure and Rules Committee ..................... 140
192. Liaison Committee .......................................... 142
193. County Public Accounts Committee ................ 143
194. County Public Investments and Special Funds
Committee ....................................................... 144
195. Committee on Delegated Legislation ............. 145

196. Concurrence with National Assembly’s

Resolution on Statutory Instrument ................. 148

THE STANDING ORDERS OF THE SENATE xiii

197. Nomination of members of Select Committees .... 149
198. Criteria for nomination .................................... 150
199. Approval of nomination................................... 151
200. Discharge of a Senator from a Select Committee .152
201. Composition of Select Committees ................. 152
202. Chairing of Select Committees and quorum.... 152
203. Conduct of election.......................................... 153
204. Duties of Committee Chairperson ................... 153
205. Notice of meetings ........................................... 154
206. Sittings of Select Committees.......................... 154
207. Sub-committees of Select committees ............. 154
208. Senator adversely mentioned not to sit ............ 155
209. Adjournment for lack of quorum ..................... 155
210. Frequency of meetings..................................... 155
211. Failure to attend meetings................................ 156
212. Absence of Chairperson................................... 156
213. List of attendance ............................................ 156
214. Minutes of Select Committees ......................... 157
215. Powers and privileges of Committees ............. 157
216. Temporary absence of a member of a Select
Committee ....................................................... 157
217. Vote of no confidence in the Chairperson or Vice-
Chairperson...................................................... 158
218. Original vote .................................................... 159

219. Attendance by non-members of Select Committee

..........................................................................159

xiv THE STANDING ORDERS OF THE SENATE

220. Procedure in Select Committees ...................... 159
221. Limitation of mandate ..................................... 160
222. Public access to meetings of Select Committees
Committees ...................................................... 161
223. Reports of Select Committees ......................... 161
224. Sessional Reports............................................. 162
225. Reports on Senate Resolutions ........................ 163
226. Joint sittings of Committees of the Senate....... 163
227. Engagement of experts .................................... 164
228. Appointment and Functions of Standing
Committees ...................................................... 164

PART XXVI — JOINT COMMITTEES OF

PARLIAMENT ................................................................. 166
229. Joint Committees of Parliament....................... 166
230. Joint Sittings of corresponding committees
of the Senate and the National Assembly ........ 166

PART XXVII—PUBLIC PETITIONS ............................ 167

231. Meaning of Petition ......................................... 167
232. Submission of a Petition .................................. 167
233. Petition on Private Bill..................................... 168
234. Notice of intention to present Petition ............. 168
235. Form of Petition ............................................... 168
236. Presentation of Petitions .................................. 170
237. Deleted............................................................. 171
238. Copies of responses ......................................... 172

THE STANDING ORDERS OF THE SENATE xv

239. Register of Petitions......................................... 172

PART XXVIII—JOURNALS, RECORDS AND

BROADCAST OF PROCEEDINGS ............................... 172
240. Journals of the Senate ...................................... 172
241. Custody of Journals and Records .................... 173
242. Hansard Reports .............................................. 173
243. Secret or personal matters................................ 174
244. Broadcast of Senate Proceedings ..................... 174

PART XXIX — PROCEDURE ON REPORTS OF THE

EAST AFRICAN LEGISLATIVE ASSEMBLY AND THE
PAN-AFRICAN PARLIAMENT ..................................... 174
245. Procedure for presentation of reports .............. 174

PART XXX — PUBLIC ACCESS TO THE SENATE AND

ITS COMMITTEES ......................................................... 176
246. General provisions on access to the Senate ..... 176
247. Restriction of access to the Chamber .............. 176
248. Exclusion from the Senate or Committees ...... 177
249. Press representatives infringing Standing Orders
or the Speaker’s Rules ..................................... 178

PART XXXI — GENERAL ............................................. 178

250. Exemption of business from Standing Orders .178
251. Attendance before the National Assembly ....... 179

252. Attendance before a County Assembly ............ 180

253. Failure to attend sittings................................... 181
xvi THE STANDING ORDERS OF THE SENATE
254. Seating in the Chamber.................................... 182
255. Senators travelling outside Kenya ................... 183
256. Expenses of witnesses ..................................... 184

PART XXXII – VIRTUAL SITTINGS .............................. 184

257. Application of Part .......................................... 184
258. Convening of a Virtual Sitting ......................... 185
259. Powers, privilege and Order in Virtual Sittings .....
..........................................................................186
260. Decorum .......................................................... 186
261. Quorum .......................................................... 188
262. Voting .............................................................. 188
263. Access, public participation and witnesses ...... 190
264. Receipt and transmission of documents .......... 191
265. Broadcast of virtual sittings ............................. 192

PART XXXIII — AMENDMENT OF STANDING

ORDERS ............................................................................ 192
266. Proposals for amendment by the Procedure and
Rules Committee ............................................. 192
267. Amendment on the initiative of a Senator ....... 192
268. Periodic review of Standing Orders ................. 194
269. Consideration of reports of Procedure and Rules
Committee ....................................................... 194
270. Amendment to Standing Orders affecting both
Houses ............................................................. 194

271. Coming into operation of amendments to .............

THE STANDING ORDERS OF THE SENATE xvii

 Standing Orders ............................................... 195
FIRST SCHEDULE: THE HOUSES OF PARLIAMENT
(JOINT SITTINGS) RULES [Standing Orders 27(7),
229(2) and 230] ...................................................................196

SECOND SCHEDULE: RULES OF PROCEDURE FOR

REMOVAL OF PRESIDENT BY IMPEACHMENT
[Standing Order 78(9)] ......................................................201

THIRD SCHEDULE: RULES OF PROCEDURE

FOR THE HEARING AND DETERMINATION OF
THE PROPOSED REMOVAL FROM OFFICE BY
IMPEACHMENT OF A GOVERNOR [Standing Order
80(8)] ...................................................................................216

FOURTH SCHEDULE : STANDING COMMITTEES ......

[Standing Order 228(3)] ....................................................231

FIFTH SCHEDULE: FORM OF A PUBLIC PETITION

[Standing Order 235] .........................................................236

SIXTH SCHEDULE: BROADCASTING RULES

[Standing Order 245(2)] ....................................................238

SEVENTH SCHEDULE: OATH/ AFFIRMATION BY

WITNESSES [Second Schedule, Part 1 r. 15, Second
Schedule, Part 2 r. 15, Third Schedule, Part 2 r. 15] .......243

INDEX TO THE STANDING ORDERS OF THE SENATE

.............................................................................................. 244

xviii THE STANDING ORDERS OF THE SENATE

 PRAYER
Almighty God, we beseech you to behold with
Your abundant favour and blessings, us Your
servants whom you have been pleased to call to
leadership positions in this Republic. We seek
guidance to treat and consider all matters that
shall come under our deliberation in so justand
faithful a manner, as to advance the peace,
prosperity and welfare of our country and of
those whose interests You have committed to
our charge.
AMEN.

xviii THE STANDING ORDERS OF THE SENATE

 OMBI
Ewe Mwenyezi Mungu, twakusihi ututazame
kwa neema nyingi na baraka sisi watumishi
wako, ambao umeridhika kutuita kwa nyadhifa
za uongozi katika Jamhuri hii yetu. Twakuomba
utujalie tuyatende na kufikiria mambo yote
yatakayofikishwa mbele yetu kwa njia ya haki
na uaminifu ili kustawisha amani, ufanisi naheri
ya nchi hii yetu na wale ambao haja zao
umezikabidhi mikononi mwetu.
AMIN

xx THE STANDING ORDERS OF THE SENATE

 PART I — INTRODUCTORY
1. In cases not provided for, the Speaker to
decide
(1) In all cases where matters are not expressly
provided for by these Standing Orders or by other
Orders of the Senate, any procedural question shall be
decided by the Speaker.
(2) The decisions made in paragraph (1) shall be
based on the Constitution of Kenya, statute law and
the usages, forms, precedents, customs, procedures and
traditions of the Parliament of Kenya and other
jurisdictions to the extent that these are applicable to
Kenya.
2. Interpretation
(1) In these Standing Orders—
(a) unless the context otherwise requires––
“Cabinet Secretary” means a person appointed
as a Cabinet Secretary under Article 152 (2) of the
Constitution;
“Clerk” means the Clerk of the Senate, 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;

THE STANDING ORDERS OF THE SENATE 101

 “Committee of the Whole” means a Committee
composed of the whole body of Senators;
“leave of the Senate” means there being no
objection by any Senator, either with the sympathy of
the Speaker or with the support of at least two other
Senators;
“Notice Paper” means the official schedule of
business to be placed before or taken by the Senate
during a particular week, published and circulated by
the Clerk by order of the Senate Business Committee
under Standing Order 43 (Order Paper to be prepared
and circulated);
“Order Paper” means the paper published by the
Clerk showing the business to be placed before or taken
by the Senate under Standing Order 43 (Order Paper to
be prepared and circulated);
“Paper” means any printed or electronic material
laid on the Table of the Senate or a committee of the
Senate pursuant to any law or these Standing Orders or
any other material as the Speaker may determine;
“Parliamentary party” means a party consistingof
at least five Senators or a coalition of parties consisting
of at least ten Senators.

“Party Whip” means a Senator designated by a

parliamentary party as its party whip for purposes of the
transaction of business in the Senate and includes the
22 THE STANDING ORDERS OF THE SENATE
Majority Whip and the Minority Whip;

“Precincts of Parliament” includes the Chamber of

the Senate and of the National Assembly, every part of
the buildings in which the Chambers are situated, the
offices of Parliament, the galleries and places provided
for the use and accommodation of Members of
Parliament, 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 Parliament;
“President” means the President of the Republic of
Kenya and includes the Deputy-President when acting
as President and any other person who for the time
being performs the functions of the President pursuant
to Article 146(2) of the Constitution;
“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;
“recess” means a period during which the Senate
stands adjourned to a day other than the next normal
sitting day;
“Session” means the sittings of the Senate
commencing when it first meets after a General Election
or on a day provided for in Standing Order 31 (Regular
Sessions of the Senate) and terminating when the Senate
THE STANDING ORDERS OF THE SENATE 23
adjourns at the end of a calendar year or at the expiry of
the term of Parliament, but a sitting that is held within
the period between the last sitting of the Senate in one
session and the first sitting in the next session shall be
deemed to be a sitting of the former session;
“sitting” means a period during which the Senate is
sitting continuously without adjournment and includes
any period during which the Senate 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 Senate
sits;
“virtual sitting or meeting” means a sitting of
the Senate or meeting of a Committee of the Senate
conducted through the use of a video link technology
platform, and shall include–

(i) a hybrid sitting or meeting consisting of

Senators who are physically present at the
location of the sitting or meeting and
Senators who participate in the sitting or
meeting virtually from a remote location
through the use of technology; or
(ii) wholly virtual, where all Senators or
Members of a Committee participate in a
sitting or meeting of a Committee virtually

24 THE STANDING ORDERS OF THE SENATE

 from a remote location through the use of
technology.
(b) reference to the Chairperson of Committees
includes the Speaker or any other Senator
when presiding over a Committee of the
Whole; and
(c) reference to the Speaker includes the Deputy
Speaker or any other Senator when presiding
over the Senate pursuant to Article 107(1)(c)
of the Constitution.
(2) In these Standing Orders, whenever a
document is required to be provided or made available
to Senators, the document shall be considered to have
been so provided or made available if placed in the
Senator’s pigeon-holes or in such other place or availed
in such other manner as the Speaker may direct.
PART II — SWEARING-IN OF SENATORS
3. Proceedings on assembly of a new Senate
(1) On the first sitting of a new Senate pursuant to
the President’s notification under Article 126(2) of the
Constitution, the Clerk shall—
(a) read the notification of the President as
published in the Gazette;
(a) lay a list of the names of the persons elected
as Senators on the Table of the Senate; and

THE STANDING ORDERS OF THE SENATE 25

 (b) administer the Oath or Affirmation of Office
provided for in the Third Schedule to the
Constitution to all Senators present in the
Senate in the order set out in paragraph (2).

(2) The Clerk shall administer the Oath or

Affirmation of Office to Senators in alphabetical order
using the following order of precedence––
(a) Senators with the longest cumulative period
of service in the Senate;
(b) Senators with the longest cumulative period
of service in the Senate and the National
Assembly;
(c) Senators with the longest cumulative period
of service in the National Assembly;
(d) Senators with the longest cumulative period
of service in any other legislature; and
(e) all other Senators.
(3) Pursuant to Article 74 of the Constitution, no
person shall assume or perform any functions ofthe
office of a Senator before taking and subscribingto
the Oath or Affirmation of Office provided for under
paragraph (1).
(4) When the Clerk is administering the Oath or
Affirmation of Office to Senators and before the Clerk
has administered the Oath or Affirmation of Office to
26 THE STANDING ORDERS OF THE SENATE
the Speaker, any question arising in the Senate shall be
determined by the Clerk who shall, during that period,
exercise the powers of the Speaker.

(5) At any other time, the Oath or Affirmation of

Office shall be administered by the Speaker immediately
after Prayers.
(6) When a Senator first attends to take his or her
seat after the first sitting of the Senate, the Senator shall,
before taking his or her seat, be escorted to the Table by
two Senators and be presented by them to the Speaker
who shall then administer to the Senator the Oath or
Affirmation of Office.
(7) Notwithstanding Standing Order 34 (Hours of
meeting), on the day when the election of the Speaker is
to be conducted after a General Election, the sitting of
the Senate shall commence at 9.00 a.m.
PART III — ELECTION OF SPEAKER AND
DEPUTY SPEAKER
4. Election of Speaker
A Speaker shall be elected when the Senate first
meets after a General Election and before the Senate
proceeds with the dispatch of any other business, except
the administration of the Oath or Affirmation of Office
to Senators present.

THE STANDING ORDERS OF THE SENATE 27

5. Nomination of Candidates
(1) Upon the President notifying the place and date
for the first sitting of a new Senate pursuant to Article
126(2) of the Constitution, the Clerk shall, by notice
in the Gazette, notify that fact and invite interested
persons to submit their nomination papers for election
to the office of the Speaker.
(2) The names of candidates for election to the
office of Speaker shall be entered upon nomination
paper so obtained from the Clerk and handed back to
the Clerk, at least forty-eight hours before the time
appointed at which the Senate is to meet to elect a
Speaker.
(3) The nomination papers of a candidate shall
be accompanied by the names and signatures of two
Senators-elect who support the candidate and a
declaration by them that the candidate is qualified to be
elected as a Member of Parliament under Article 99 of
the Constitution and is willing to serve as Speaker of the
Senate.
(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 officeof
Speaker is qualified to be elected as such under
Article106 of the Constitution.

28 THE STANDING ORDERS OF THE SENATE

 (5) Immediately upon the close of the nomination
period provided for in paragraph (2), the Clerk shall—

(a) publicise and make available to all Senators,

a list showing all qualified candidates; and
(b) make available to all Senators, copiesof
the curriculum vitae of the qualified
candidates.
(6) The Clerk shall, at least two hours before the
meeting of the Senate to elect a Speaker, prepare ballot
papers upon which shall be shown the names of all
candidates validly nominated under paragraph (5) of
this Standing Order.
6. Secret Ballot
(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 Senate and shall, in the presence of the
Senate, lock the box, which shall thereafter be kept in the
full view of the Senate until the conclusion of the ballot.
(3) The Clerk shall issue, in the order prescribed
in Standing Order 3(2), 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

THE STANDING ORDERS OF THE SENATE 29

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.
(4) A Senator 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.
(5) The Clerk shall make such arrangements as
may be necessary to enable any Senator with disability
to vote.
(6) When it appears to the Clerk that all Senators
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 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.
(7) A vote is invalid if in the Clerk’s opinion, it
does not identify the candidate purported to be selected
by the Senator voting.
(8) The Clerk shall declare a vote to be invalid
under paragraph (7) in the presence of and after

30 THE STANDING ORDERS OF THE SENATE

inspection by the Senators representing each of the
candidates in the election.
7. Election Threshold
(2) A person shall not be elected as Speaker,
unless supported in a ballot by the votes of two-thirds
of all the Senators.
(2) If no candidate is supported by the votes
of two-thirds of all the Senators, a fresh
election shall be held and, in that election,
the only candidates shall be—
(a) the candidate or candidates who received
the highest number of votes in the ballot
referred to in paragraph (1); and
(b) the candidate or candidates who in that
ballot received the next highest number of
votes.
(3) If more than one candidate receives the highest
number of votes, paragraph 2(b) shall not apply and
the only candidates in the fresh election shall be those
contemplated in paragraph 2(a).
(4) The candidate who receives the highest number
of votes in the fresh election shall be declared elected
as Speaker.

THE STANDING ORDERS OF THE SENATE 31

8. Withdrawal of Candidate
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.
9. Equality of Votes
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 taken until one
candidate obtains more votes than the other or others.
10. 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.
11. Single Duly Nominated Candidate
Despite the provisions of this Part, if there isonly
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

32 THE STANDING ORDERS OF THE SENATE

being required.
12. Swearing-in of the Speaker
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
Senate.
13. Election of Deputy Speaker
(1) As soon as practicable after the election of
a Speaker following a General Election, a Deputy
Speaker shall be elected.
(2) The Speaker shall preside over the election of
the Deputy Speaker under paragraph (1).
(3) If the office of Deputy Speaker falls vacant at
any time before the end of the term of Parliament, the
Senate shall, as soon as practicable, elect a Senator to
that office.
(4) The procedure for electing a Deputy Speaker
shall, with necessary modifications, be the same as that
prescribed for the election of the Speaker.
14. Notification of Opening of Parliament
(1) Immediately after taking and subscribing to the
Oath or Affirmation of Office under Standing Order 3
(Proceedings on assembly of a new Senate) the Speaker
shall notify the Senators of the place, date and time of

THE STANDING ORDERS OF THE SENATE 33

the opening of Parliament pursuant to Article 132 (1)(a)
of the Constitution.
(2) Following the notification by the Speaker
under paragraph (1), the sitting of the Senate shall stand
adjourned until the date and time of the opening of
Parliament.
PART IV – VACANCY IN THE OFFICE OF
SPEAKER AND DEPUTY SPEAKER
15. Resignation

(1) A Speaker or Deputy Speaker who intends to

resign from office shall submit to the Clerk, a letter of
resignation addressed to the Senate.
(2) Upon receipt of a letter of resignation, the
Clerk shall within twenty-four hours—
(a) in the case of resignation by the Speaker,
inform the Deputy Speaker; or
(b) in the case of resignation by the Deputy
Speaker, inform the Speaker.
(3) The Senate shall be notified of a resignation
under this Standing Order within seven days.
16. Removal from Office
(1) A Senator, supported by at least one-third of all

34 THE STANDING ORDERS OF THE SENATE

the Senators, may move a Motion for the removal of the
Speaker or Deputy Speaker for—
(a) serious violation of a provision of the
Constitution or of any other law;
(b) gross misconduct, whether in the
performance of the Speaker’s or Deputy
Speaker’s functions or otherwise;
(c) physical or mental incapacity to perform
the functions of the office;
(d) incompetence; or
(e) bankruptcy.
(2) A Senator who proposes to move a Motion
under paragraph (1), shall deliver to the Clerk a copy of
the proposed Motion in writing—
(a) stating the grounds and particulars upon
which the proposed Motion is made;
(b) signed by the Senator; and
(c) signed in support by at least one-third of all
the Senators.
(3) Upon receipt of the Motion by the Clerk, a
Senator shall not withdraw a signature appended to it.
(4) A Motion received under paragraph (3) shall
be approved—
THE STANDING ORDERS OF THE SENATE 35
 (a) by the Speaker if it is a Motion for the
removal of the Deputy Speaker; or
(b) by the Deputy Speaker if it is a Motion for
the removal of the Speaker.
(5) A Senator shall give three days’ notice of
the Motion under paragraph (1) within
three days of the approval of the Motion.
(6) The Clerk shall set out on the Order Paper on
which the Motion is listed—
(a) the grounds and particulars upon which the
proposed Motion is made;
(b) the name of the Senator sponsoring the
Motion; and
(c) the names of the Senators in support of the
Motion.
(7) If the Motion is passed—
(a) the Senate shall within five days, appoint a
Select Committee comprising eleven of its
members to investigate the matter; and
(b) the Committee shall, within seven days,
investigate and report to the Senate on
whether it finds the allegations against the
Speaker or Deputy Speaker to be
substantiated.
36 THE STANDING ORDERS OF THE SENATE
 (8) The Speaker or Deputy Speaker has the right to
appear and be represented before the Committee during
its investigations.
(9) If the Select Committee reports that it finds the
allegations to be —
(a) unsubstantiated, no further proceedings
shall be taken; or
(b) substantiated, the Senate shall—
(i) furnish the Speaker or Deputy Speaker with
the report of the Committee, together with
any other evidence adduced and such notes
or papers presented to the Committee atleast
three days before the day scheduled forhis or
her appearance before the Senate;
(ii) afford the Speaker or Deputy Speaker an
opportunity to be heard;
(iii) consider the Report of the Committee; and
(iv) vote whether to approve the resolution
requiring the removal from office of the
Speaker or Deputy Speaker.
(10) If a resolution requiring the removal from
office of a Speaker or Deputy Speaker is supported by
at least two-thirds of all the Senators, the Speaker or
Deputy Speaker shall cease to hold office.

THE STANDING ORDERS OF THE SENATE 37

17. Conduct of business during vacancy
(1) If the office of Speaker falls vacant at any time
before the expiry of the term of Parliament, no business
shall be transacted by the Senate until the election of a
new Speaker.
(2) The Deputy Speaker shall preside over the
election under paragraph (1) but if the office of Deputy
Speaker is vacant, a Senator elected by the Senate in
accordance with Article 107(1)(c) of the Constitution
shall preside.
PART V — PRESIDING IN THE SENATE
18. Presiding in the Senate
The Speaker shall preside at any sitting of the Senate but
in the absence of the Speaker, the Deputy Speaker shall
preside and in absence of the Deputy Speaker, pursuant
to Article 107(1)(c) of the Constitution, another Senator
elected by the Senate for that purpose shall preside.
19. Presiding in Committees of the Whole
(1) The Deputy Speaker shall preside over
Committees of the Whole.
(2) If the Deputy Speaker is absent, or if the
Deputy Speaker 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, or in
the absence of the Speaker, a Member of the Speaker’s
38 THE STANDING ORDERS OF THE SENATE
Panel shall take the Chair.
(3) In the absence of the Speaker and the Deputy
Speaker, a Member of the Speaker’s Panel, or a Senator
elected for that purpose pursuant to Article 107(1)(c) of
the Constitution, shall preside over Committees of the
Whole.
20. Speaker’s Panel
(1) There shall be a panel to be known as the
Speaker’s Panel which shall comprise four Senators to
be known, respectively, as the First, Second, Third and
Fourth Panelist, who shall be entitled to exercise all the
powers vested in the Chairperson of Committees of the
Whole.
(2) As soon as practicable, after the election of the
Deputy Speaker following a general election, the
Speaker shall, in consultation with the parliamentary
party whips, submit a list of four Senators for
consideration by the Senate Business Committee for
appointment to the Panel.
(3) The Senate Business Committee shall, within
seven days of receipt of the names of the nominees,
table the list in the Senate and give notice of Motion for
approval of the names.
(4) Whenever a Motion for approval of names
under paragraph (3) is moved in the Senate, no objection
against the proposed membership of the Speaker’s
THE STANDING ORDERS OF THE SENATE 39
Panel on any particular Senator shall be permitted and
objections, if any, shall be formulated and considered
against the proposed membership as a whole.
(5) In nominating members to the Speaker’s Panel,
the Speaker and the Senate Business Committee shall
have regard to the relative party majorities in the Senate
and shall ensure that either gender is represented in the
Panel.
21. Discharge of a Senator from Speaker’s Panel
(1) The Speaker may, in writing, to the Senate
Business Committee give notice that a Senator is to be
discharged from the Panel.
(2) Within seven days of receipt by the Senate
Business Committee of a notice under paragraph (1),
the Senate Business Committee shall consider the
notice and give Notice of Motion to replace the Senator.
(3) The discharge of a Senator from the Panel shall
not take effect until the Senate has approved the Motion
for replacement under paragraph (2).
PART VI –– SENATE POLITICAL LEADERSHIP
22. Senate Majority Leader, Deputy Senate
Majority Leader, Senate Majority Whip and
Deputy Senate Majority Whip
(1) The largest party or coalition of parties in the

40 THE STANDING ORDERS OF THE SENATE

Senate shall be the Majority Party and shall elect—
(a) a Senator belonging to the party or coalition
of parties to be the Senate Majority Leader;
(b) a Senator belonging to the party or coalition
of parties to be the Deputy Senate Majority
Leader;
(c) a Senator belonging to the party or coalition
of parties to be the Senate Majority Whip;
and
(d) a Senator belonging to the party or coalition
of parties to be the Deputy Senate Majority
Whip.
(2) Whenever the Senate Majority Leader is absent
or is unable to perform his or her functions; the Deputy
Senate Majority Leader shall perform the functions of
the office of the Senate Majority Leader in an acting
capacity
(3) In the absence of both the Senate Majority
Leader and the Deputy Senate Majority Leader, the
Senate Majority Whip shall perform the functions of the
office of the Senate Majority Leader in an acting
capacity.
(4) In electing Senators under paragraph (1), the
Majority Party shall take into account.

THE STANDING ORDERS OF THE SENATE 41

 (a) any existing coalition agreement entered
into pursuant to the Political Parties Act;
and
(b) the need for gender balance.
(5) A Senator elected under paragraph (1) may be
removed by a majority of the votes of all the Senators
belonging to the Majority Party.
(6) The removal of a Senator from office under
paragraph (5) shall not take effect until another Senator
has been elected in the manner provided for under
paragraph (1).
(7) Upon a decision being made by the Majority
Party or coalition under this Standing Order, the decision
of the Party or coalition shall be communicated to the
Speaker in writing, together with the minutes of the
meeting at which the decision was made-
(a) in the case of the removal of the Senate
Majority Leader or the Deputy Senate
Majority Leader, by the Senate Majority
Whip; and
(b) in the case of the removal of the Senate
Majority Whip or the Deputy Senate
Majority Whip, by the Senate Majority
Leader.
(8) The Speaker, upon receipt of the decision under

42 THE STANDING ORDERS OF THE SENATE

paragraph (7), shall verify the correspondence received
and deliver a communication to the Senate within three
sitting days.
23. Senate Minority Leader, Deputy Senate
Minority Leader, Senate Minority Whip and
Deputy Senate Minority Whip
(1) The second largest party or coalition of parties
in the Senate shall be the Minority Party and shall elect–
–
(a) a Senator belonging to the party or coalition
of parties to be the Senate Minority Leader;
(b) a Senator belonging to the party or coalition
of parties to be the Deputy Senate Minority
Leader;
(c) a Senator belonging to the party or coalition
of parties to be the Senate Minority Whip;
and
(d) a Senator belonging to the party or coalition
of parties to be the Deputy Senate Minority
Whip.
(2) Whenever the Senate Minority Leader is
absent or unable to perform his or her official duties and
responsibilities, the Deputy Senate Minority Leader
shall be in charge and in the absence of the Deputy
Senate Minority Leader, the Senate Minority Whip or

THE STANDING ORDERS OF THE SENATE 43

the Deputy Senate Minority Whip shall be in charge of
those duties and responsibilities in an acting capacity.
(3) In electing Senators under paragraph (1), the
Minority Party shall take into account-
(a) any existing coalition agreement entered
into pursuant to the Political Parties Act;
and
(b) the need for gender balance.
(4) A Senator elected under paragraph (1) may
be removed by a majority of the votes of all Senators
belonging to the Minority Party.
(5) The removal of a Senator from office under
paragraph (3) shall not take effect until a Senator is
elected in the manner provided for under paragraph (1).
(6) Upon a decision being made by the Minority
Party under this Standing Order, the decision of the
Party shall be communicated to the Speaker in writing,
together with the minutes of the meeting at which the
decision was made-
(a) in the case of the removal of the Senate
Minority Leader or the Deputy Senate
Minority Leader, by the Senate Minority
Whip; and
(b) in the case of the removal of the Senate

44 THE STANDING ORDERS OF THE SENATE

 Minority Whip or the Deputy Senate
Minority Whip, by the Senate Minority
Leader.
(7) The Speaker, upon receipt of the decision under
paragraph (6), shall verify the correspondence received
and deliver a communication to the Senate within three
sitting days.
PART VII — ADDRESS BY PRESIDENT AND
VISITING DIGNITARY
24. President’s Address on opening of new
Parliament
(1) The President shall address the opening of each
newly elected Parliament.
(2) At the conclusion of the President’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.

25. President’s Address on Special Sitting

(1) The President shall address a special sitting of

Parliament once every year and may address Parliament
at any other time.

(2) The Speaker shall notify the Senators of the

place, date and time of a sitting under paragraph (1).

THE STANDING ORDERS OF THE SENATE 45

 (3) Whenever the Speaker has been informed that
the President will address a special sitting of Parliament
on a specified day and time, then on that day, no Motion
for the adjournment of the Senate shall be made before
the time for which the President’s arrival has been
notified.

26. President entering or leaving the Chamber

Senators shall be called to order and shall stand

in silence whenever the President enters or leaves the
Chamber.

27. President’s Address to Parliament

(1) The President may be accompanied in the

Chamber by an Aide-de-Camp.

(2) Whenever the President addresses Parliament,

the Speaker of the Senate shall take the seat on the left of
the President and the Speaker of the National Assembly
shall take the seat on the right of the President.

(3) At any sitting held under this Standing Order,

the Speaker of the National Assembly shall preside,
assisted by the Speaker of the Senate.
(4) When delivering an Address to Parliament, the
President shall be heard in silence and the Address shall
not be followed by any comment or question.
(5) Whenever the President delivers an Address, a

46 THE STANDING ORDERS OF THE SENATE

Senator may, as soon as practicable thereafter, lay the
Presidential Address on the Table of the Senate following
the reading of such Address.
(6) A Senator may give a notice of Motion, that
“The Thanks of the Senate be recorded for the
exposition of public policy contained in the Address
of the President” but debate on the Address shall not
exceed three sitting days.
(7) The First Schedule shall apply to a sitting held
under this Standing Order.
28. President’s Address to the Senate
(1) The Speaker may, after consultation with the
Senate Majority Leader and the Senate Minority Leader,
invite or accede to the request by the President to address
the Senate.
(2) The provisions of Standing Orders 25 (President’s
Address on Special Sitting), 26 (President entering or
leaving the Chamber) and 27 (President’s Address to
Parliament) shall, with necessary modifications, apply to
such an Address to the Senate.
29. Visiting Dignitary
(1) The Speaker may, after consultation with the
Senate Majority Leader and the Senate Minority Leader,
allow a visiting Head of State or other visiting dignitary,
to address the Senate.

THE STANDING ORDERS OF THE SENATE 47

 (2) The Speaker may, after consultation with the
Speaker of the National Assembly, arrange for a joint
sitting of Parliament for purposes of an address by a
visiting Head of State or such other visiting dignitary.
(3) Standing Order 26 (President entering or
leaving the Chamber) and 27 (President’s Address to
Parliament) shall, with necessary modifications, apply to
a visiting Head of State or such other dignitary.
PART VIII — CALENDAR, SITTINGS AND
ADJOURNMENTS OF THE SENATE
30. Location of Sitting of a New Senate
Whenever a new Senate is elected, the President, by
notice in the Gazette, shall appoint the place and date
for the first sitting of the new Senate, which shall be not
more than thirty days after the election.
31. Regular Sessions of the Senate
(1) Except for the Session commencing
immediately after a general election, regular Sessions of
the Senate shall commence on the second Tuesday of
February and terminate on the first Thursday of
December.
(2) Despite paragraph (1), the Senate may, by
resolution, alter the dates specified under paragraph (1)
in respect of a particular Session.
(3) Subject to paragraph (1), the Senate shall
continue to be in session and may adjourn for such
number of days as it may determine in its calendar.

48 THE STANDING ORDERS OF THE SENATE

 (4) Despite paragraphs (1), (2) and (3), a period
of three months shall not intervene between the last
sitting of the Senate in one Session and the first sitting
thereof in the next Session.
32. Senate Calendar
(1) The Senate Business Committee shall, with the
approval of the Senate, determine the calendar of the
Senate.
(2) The calendar of the Senate once approved shall
be published in the Gazette, Parliament’s website and in
at least two newspapers of national circulation.
(3) On a day when the Senate is scheduled to
adjourn to a day other than the next normal sitting day
in accordance with the calendar, the Senate Majority
Leader or another member of the Senate Business
Committee shall move a Motion of adjournment which
shall be debated for not more than two hours after which
the Senate shall adjourn without question put.
(4) Despite paragraph (2), the Senate may, by
resolution, alter its calendar or the adjournment date.
33. Special Sittings of the Senate
(1) Whenever during a Session the Senate stands
adjourned, whether or not a day has been appointed
for the next meeting, the Speaker may, on the request of
the Senate Majority Leader or the Senate Minority
Leader, and in each case with the support of at least

THE STANDING ORDERS OF THE SENATE 49

fifteen Senators, appoint a day for a special sitting of
the Senate.
(2) The Speaker may allow a request under
paragraph (1) if the Speaker is satisfied that the business
proposed to be transacted relates to the matters specified
under Standing Order 74 (Definition of Special Motion)
or other urgent and exceptional business as the Speaker
may allow.
(3) The Speaker shall, by notice in the Gazette,
notify the Senators of the place, date and time appointed
for the Special Sitting of the Senate.
(4) Despite paragraph (1), where the proposed
business to be transacted by the Senate requires the
action of the National Assembly, the Speaker shall, in
writing, notify the Speaker of the National Assembly of
the date appointed for the special sitting.
(5) Whenever the Senate 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 Senate during the special sitting, following
which the Senate shall stand adjourned until the day
appointed in the Senate calendar.
34. Hours of Meeting
(1) Unless the Speaker for the convenience of
the Senate otherwise directs, the Senate shall meet at

50 THE STANDING ORDERS OF THE SENATE

9.30 a.m. on Wednesday and at 2.30 p.m. on Tuesday,
Wednesday and Thursday, but more than one sitting
may be directed during the same day.
(2) The Speaker or the Chairperson of Committees
shall, subject to paragraph (2A) direct the interruption
of business at 1:00 p.m. on the occasion of a morning
sitting of Wednesday or at 6:30 p.m. on the occasion of
an afternoon sitting.
(2A) The Speaker or the Chairperson of the
Committee of the Whole may, for the convenienceof
the Senate, direct the later interruption of business
under paragraph (1), for a period of not more than
fifteen minutes.
(3) Paragraph (2) shall not apply to a special
sitting under Standing Order 33 (Special Sittings of the
Senate).
(4) Notwithstanding paragraphs (1) and (2), the
Senate may resolve to —
(a) extend its sitting time;
(b) meet at any other time on a sitting day; or
(c) meet on any other day in order to transact
business.
(5) A Motion under paragraph (4)(a) shall be
moved at least thirty minutes before the time appointed
for adjournment.
THE STANDING ORDERS OF THE SENATE 51
 (6) 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.
(7) Upon the conclusion of all proceedings under
paragraphs (2), (4) or (5), or upon the earlier completion
or deferment of all business standing upon the Order
Paper for the sitting, the Speaker shall adjourn the
Senate without question put.
35. Adjournment of the Senate
(1) A Senator may, at any time, for reasons stated,
seek leave to move “That, the Senate do now
adjourn”.
(2) If the Speaker is of the opinion that such Motion
for adjournment of the Senate is frivolous, vexatious, or
an abuse of the proceedings of the Senate, the Speaker
may forthwith put the question thereon or may decline
to propose it.
(3) The debate on a Motion under this Standing
Order shall be confined to the matter of the Motion.
36. Resumption of Interrupted Business
Any debate interrupted under this Part shall, on
coming again before the Senate or the Committee, be

52 THE STANDING ORDERS OF THE SENATE

resumed at the point where it was interrupted and any
Senator 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 a Senator
does not avail himself or herself of this right, his or her
speech shall be deemed to have been concluded.
37. Adjournment on Definite Matter of Urgent
National Importance
(1) A Senator may at any time rise in his or her
place and seek leave, for reasons stated, to move the
adjournment of the Senate for the purpose of discussing
a definite matter of urgent national importance.
(2) A Senator who wishes to seek leave to move
the adjournment of the Senate under paragraph (1)shall,
at least one hour before the commencement of thesitting,
hand to the Speaker a written notification of thematter
but the Speaker shall refuse to allow the claim, unless
the Speaker is satisfied that the matter is definite,urgent
and of national importance and may properly be raised
on a Motion for adjournment of the Senate.
(3) The Motion to be moved shall be “That the
Senate do now adjourn to discuss a definite matter
of urgent national importance, namely……”
(4) The Motion of adjournment under paragraph
(3) shall be seconded and proposed but no question
shall be put at the end of the debate.

THE STANDING ORDERS OF THE SENATE 53

 (5) If the Speaker is satisfied in terms of paragraph
(2) and not less than five other Senators rise in their
places in support, the Speaker shall nominate a time on
the same day at which such Motion may be moved.
(6) No Senator speaking on a matter under this
Standing Order shall speak for more than five minutes
without the leave of the Senate, except that the Mover
may speak for ten minutes.
38. Temporary suspension of a sitting
(1) At any time during proceedings, a Senator may,
for reasons stated, claim to move “That, the Senate do
suspend its proceedings for…. (time) …. in order to
…”
(2) If the Speaker is of the opinion that such Motion
for suspension is frivolous, vexatious or an abuse of the
proceedings of the Senate, the Speaker may forthwith
put the question thereon or may decline to propose it.
(3) The debate on a Motion under this Standing
Order shall be confined to the matter of the Motion.
(4) No Senator speaking on a matter under this
Standing Order shall speak for more than five minutes,
unless with the permission of the Speaker.
(5) A suspension under this Standing Order shall
not exceed sixty minutes or such other time as the
Speaker may direct.

54 THE STANDING ORDERS OF THE SENATE

 PART IX — QUORUM
39. Quorum of the Senate
The quorum of the Senate or a Committee of the
Whole shall be fifteen Senators.
40. Quorum at commencement of a sitting of the
Senate.
(1) If there is no quorum present when the Chair
is taken at the time appointed for a sitting of the Senate,
the Speaker shall, immediately after the prayer, order
the bell to be rung for ten 3minutes.
(2) If no quorum is present at the expiration of the
ten minutes, the Speaker may direct that the bell be rung
for a further ten minutes and if there is still no quorum
present, the Speaker shall adjourn the Senate forthwith
to the next sitting.
41. Quorum during the proceeding of the Senate
(1) If at any time in the course of the proceedings
of the Senate a Senator objects that there is not a quorum
present, the Speaker or the Chairperson shall count the
Senators present in the Senate 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
THE STANDING ORDERS OF THE SENATE 55
expiration of the ten minutes—
(a) if the Speaker is in the Chair, the Speaker
shall adjourn the Senate until the next
sitting without question put; or
(b) if the Senate is in Committee, the Chairperson
shall leave the Chair and report the fact to
the Speaker, and the Speaker shall adjourn
the Senate until the next sitting without
question put.
(3) Whenever the Speaker or the Chairperson,
as the case may be, is engaged in counting
the Senate or the Committee respectively,
the doors shall remain unlocked.
42. Quorum during Voting or Division
(1) Before taking an electronic vote, roll calldivision
or a voice vote, the Speaker or Chairperson of the
Committee of the Whole,shall cause a count to be taken of
Senators present in the Senate or the Committee.
(2) If the requisite quorum is –
(a) present, division or voting shall beproceeded
with; or
(b) not present, standing order 41(2) shallapply.
(3) This Standing Order shall not apply to theprocess
of voting on procedural motions.

56 THE STANDING ORDERS OF THE SENATE

 PART X — ORDER OF BUSINESS
43. Order Paper to be prepared and circulated
(1) The Order Paper shall be prepared by the Clerk
showing the business to be placed before or taken by the
Senate 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 in the
parliamentary website and shall be made available to
Senators, at least twelve hours before the Senate meets,
but a supplementary Order Paper shall be made
available at least one hour before the Senate meets.
44. Weekly programme of business of the Senate
The Clerk shall prepare, publish on the parliamentary
website and circulate to Senators not later than the
Friday of the week preceding such business –
(a) a weekly schedule showing the business of
the Senate;
(b) a schedule of sittings of the various
Committees; and
(c) a schedule of Questions to be respondedto
by Cabinet Secretaries.

THE STANDING ORDERS OF THE SENATE 57

45. Sequence of proceedings
(1) Each day after Prayers have been said and
the Senate has been called to order, the Business of
the Senate 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) Questions and Statements; and
(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
Senate, direct.
(3) The Speaker shall direct the Clerk to read the
Orders of the Day without question put

58 THE STANDING ORDERS OF THE SENATE

 PART XI — MESSAGES
46. Messages to and from the National Assembly
(1) A message from the Senate to the National
Assembly shall be in writing and shall be signed by the
Speaker.
(2) The Clerk of the Senate shall transmit a
message from the Senate to the Clerk of the National
Assembly and shall receive messages from the National
Assembly.
(3) The Clerk shall deliver to the Speaker a
message received from the National Assembly 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 National
Assembly at a time when the Senate is in session, the
Speaker shall report the message to the Senate 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 National
Assembly at a time when the Senate is not in session,
the Speaker shall forthwith cause the message to be
transmitted to every Senator and shall report the
message to the Senate on the day the Senate next sits.
(6) When the Speaker reports a message from
the National Assembly under paragraph (4) or (5), the
message shall be deemed to have been laid before the
Senate and the Speaker may—
(a) direct that the message be dealt with
forthwith;
THE STANDING ORDERS OF THE SENATE 59
 (b) appoint a day for the consideration of the
message; or
(c) refer the message to the relevant Committee
of the Senate for consideration.
47. Messages from the President
(1) The Speaker shall read to the Senate any
message from the President delivered to the Speaker for
communication to the Senate.
(2) If a message is received from the President at a
time when the Senate is not in session, the Speaker shall
forthwith cause the message to be transmitted to every
Senator and shall report the message to the Senate on
the day the Senate next sits.
(3) When a message from the President is read, the
message shall be deemed to have been laid before the
Senate and the Speaker may—
(a) direct that the message be dealt with
forthwith;
(b) appoint a day for consideration of the
message; or
(c) refer the message to the relevant Committee
of the Senate for consideration.
48. Messages to and from County Assemblies
(1) A message from the Senate to a County
Assembly shall be in writing and shall be signed by the
Speaker.

60 THE STANDING ORDERS OF THE SENATE

 (2) The Clerk of the Senate shall transmit a
message from the Senate to a County Assembly and
shall receive messages from any County Assembly.

(3) The Clerk shall deliver to the Speaker a message

received from a County Assembly under paragraph (2)
at the first available opportunity after receipt and in any
event, not later than the next day.
(4) The Speaker of the Senate shall read to the
Senate any message from a County Assembly to the
Senate and such message shall be in writing and shall
be signed by the Speaker of the County Assembly.
(5) If a message is received from a County
Assembly at a time when the Senate is in session, the
Speaker shall report the message to the Senate at the
first convenient opportunity after its receipt and in any
event not later than the next sitting day.

(6) If a message is received from a County

Assembly at a time when the Senate is not in session,
the Speaker shall forthwith cause the message to be
transmitted to every Senator and shall report the
message to the Senate on the day the Senate next sits.

(7) When the Speaker reports a message from

a County Assembly under paragraph (5) or (6), the
message shall be deemed to have been laid before the
Senate and the Speaker may—

THE STANDING ORDERS OF THE SENATE 61

 (a) direct that the message be dealt with
forthwith;

(b) appoint a day for the consideration of the

message; or

(c) refer the message to the relevant Committee

of the Senate for consideration.

49. Messages to and from County Governors

(1) A Senator shall deliver to the Speaker a copy

of a message received from a County Governor at the
first available opportunity after receipt and in any event,
not later than the next.

(2) A Senator shall read to the Senate any message

from the Governor of his County to the Senate and such
message shall be in writing and shall be signed by the
Governor of the County.

(3) If a message is received from a County

Governor at a time when the Senate is in Session, the
Senator shall report the message to the Senate at the first
convenient opportunity after its receipt and in any event
not later than the next sitting day.
(4) If a message is received from a County
Governor at a time when the Senate is not in Session,
the Speaker shall forthwith cause the message to be
transmitted to every Senator and shall call upon the
Senator of that county to report the message to the
62 THE STANDING ORDERS OF THE SENATE
Senate on the day the Senate next sits.
(5) The Clerk of the Senate shall transmit a
message from the Senate to a County Governor.
(6) When a Senator reports a message from a
County Governor under paragraph (3) or (4), the
message shall be deemed to have been laid before the
Senate and the Speaker may—
(a) direct that the message be dealt with
forthwith;
(b) appoint a day for consideration of the
message; or
(c) refer the message to the relevant Committee
of the Senate for consideration.
50. Advisory Opinion by Speaker
The Speaker may render an advisory opinion to the
Speaker of a County Assembly, either at the request of
the Speaker of the County Assembly or on the initiative
of the Speaker.
PART XII — QUESTIONS AND STATEMENTS
51. Questions and Statements Time
(1) Notwithstanding Standing Order 45 (Sequence
of proceedings), there shall be time, designated for
Questions and Statements not exceeding

THE STANDING ORDERS OF THE SENATE 63

 (a) three hours during a morning sitting on
Wednesday; and
(b) one hour during an afternoon sitting on
Tuesday, Wednesday and Thursday
(2) A Senator making a Statement under this Part
shall not speak for more than ten minutes, unless with
the permission of the Speaker.
(a) Questions
51A.Procedure for asking a Question
(1) A Senator who wishes to address a question
to a Cabinet Secretary shall hand to the Clerk a written
notification of the matter signed by the Senator.
(2) The Clerk shall submit a notification under
paragraph (1) to the Speaker for approval.
(3) The Speaker may refuse to allow a request for
Question under paragraph (1) unless satisfied that the
matter may properly be discussed in the Senate.
(4) The Clerk shall prepare and submit a list of the
questions to be asked under paragraph (1) to –
(a) the relevant Cabinet Secretaries; and
(b) the Senate Business Committee.
(5) The Senate Business Committee shall schedule
a date and time for appearance of the relevant Cabinet
Secretary before the Senate to respond to the Question.
64 THE STANDING ORDERS OF THE SENATE
 (6) In scheduling the date for response under
paragraph (5), the Senate Business Committee shall
provide at least seven days’ notice to the respective
Cabinet Secretary.
51B. Contents of Questions
(1) The facts on which a Question is based may be
set briefly but extracts from newspapers and other media
or quotations from speeches shall not be admissible.
(2) A Question, the response to which is readily
available in ordinary works of reference or official
publications, shall not be asked.
(3) A Question shall not –
(a) be made the pretext for debate;
(b) be framed so as to give information or
suggest its own response;
(c) convey a particular point of view;
(d) contain any argument, inference, opinion,
imputation or ironical or offensive
expression;
(e) repeat in substance any matter covered in
a prior Question or already responded to,
either as a Question or in the course of a
debate during the same Session;

THE STANDING ORDERS OF THE SENATE 65

 (f) seek an expression of opinion;
(g) ask whether any statement in the press or
of a private individual or unofficial body,
other than an official government report, is
accurate;
(h) refer to more than one subject matter;
(i) be of excessive length;
(j) include the name of any person nor any
expression not strictly necessary to render
the request intelligible; or
(k) refer to proceedings of a Select Committee
before that Committee has made its report
to the House.
51C.Response to Questions by Cabinet Secretaries
(1) A Senator shall ask his or her Question on the
day it is scheduled in the Order Paper.
(2) A Senator may, in writing, nominate another
Senator to ask a Question on his or her behalf where the
Senator shall be absent on the day on which the
Question is listed.
(3) Where a Senator is absent and has not
nominated another Senator to ask the question on his or
her behalf, the Question shall be dropped.

66 THE STANDING ORDERS OF THE SENATE

 (4) The Speaker, on his own motion, on the
request of the Senator who proposes to ask a Question
or the Cabinet Secretary, may vary the order in which
Questions shall be disposed of.
(5) A Cabinet Secretary shall provide a physical
and electronic copy of a response to a Question at least
twenty-four hours before appearing before the Senate.
(6) A Cabinet Secretary–
(a) shall appear, in person, on the day on which
the respective Question is listed for
response;
(b) shall respond to the Question; and
(c) may, with the permission of the Speaker,
make a statement on any other matter
pertaining to the respective State
Department.
(7) Upon the issuance of a response or the making
of a statement under paragraph (1), the Speaker may –
(a) allow the Senator who asked the Question
to raise a maximum of two supplementary
questions that relate to that Question; and
(b) allow any other Senator to ask a
supplementary Question.

THE STANDING ORDERS OF THE SENATE 67

51D.Non-attendance by Cabinet Secretaries
The Senate may, where a Cabinet Secretary fails,
without reasonable cause, to appear and respond to
Questions under this Part, move a motion to censure the
Cabinet Secretary.
(b) Statements
52. Senators’ General Statements
(1) A Senator may make a Statement on a matter
of county-wide, inter-county, national, regional or
international concern or on a matter of general topical
concern.
(2) A Senator who wishes to raise a matter under
paragraph (1) shall at least three hours before the Senate
meets on the day on which the Statement is proposed to
be made, hand to the Clerk a written notification of the
matter signed by the Senator.
53. Senators’ Requests for Statements
(1) A Senator may request for a Statement from
a Committee relating to any matter under the mandate
of the Committee that is of county-wide, inter-county,
national, regional or international concern.
(2) A Senator who wishes to raise a matter under
paragraph (1) shall at least twenty-four hours before
the Senate meets on the day on which the Statement is

68 THE STANDING ORDERS OF THE SENATE

proposed to be requested, hand to the Clerk a written
notification of the matter signed by the Senator.
(3) Where a statement has been requested from a
Committee pursuant to paragraph (1) the Speaker may
allow comments in relation to the Statement for not
more than fifteen minutes.
54. Procedure for Requesting Statements
(1) The Clerk shall submit a notification under
Standing Order 52(2) (Senator’s General Statements)
or Standing Order 53(2) (Senator’s Requests for
Statements) to the Speaker for approval.
(2) The Speaker may refuse to allow a request for
Statement under paragraph (1) unless satisfied that the
matter may properly be discussed in the Senate.
55. Contents of Requests for Statements
(1) The facts on which a request for Statement is
based may be set briefly but extracts from newspapers
and other media or quotations from speeches shall not
be admissible.
(2) A request for Statement, the response to which
is readily available in ordinary works of reference or
official publications, shall not be made.
(3) A request for Statement shall not-
(a) be made the pretext for debate;

THE STANDING ORDERS OF THE SENATE 69

 (b) be framed so as to give information or
suggest its own response;
(c) convey a particular point of view;
(d) contain any argument, inference, opinion,
imputation or ironical or offensive
expression;
(e) repeat in substance any matter covered in
a prior request for statement or already
responded to, either as a statement or in the
course of a debate during the same Session;
(f) seek an expression of opinion;
(g) ask whether any statement in the press or
of a private individual or unofficial body,
other than an official government report, is
accurate;
(h) refer to more than one subject matter;
(i) be of excessive length;
(j) include the name of any person nor any
statement not strictly necessary to render
the request intelligible; or
(k) refer to proceedings of a Select Committee
before that Committee has made its report
to the House.

70 THE STANDING ORDERS OF THE SENATE

56. Statements by Committee Chairpersons
(1) A Committee Chairperson-
(a) may make a Statement relating to a matter
for which the Committee is responsible;
(aa) shall respond to a Statement requestedby
a Senator from the Committee relating to
any matter under the mandate of the
Committee;
(b) shall, at least once in every three months,
on such day as shall be assigned by the
Senate Business Committee, and at any
other time if so required by the Speaker,
make a Statement relating to the activities
of the Committee; and
(c) who wishes to raise a matter under
paragraph (a) shall at least three hours
before the Senate meets on the day on which
the Statement is proposed to be made, hand
to the Clerk a written notification of the
matter signed by the Chairperson.
(2) A Statement made under paragraph (1) (b)
shall include-
(a) the Bills, statements and petitions
considered by the Committee and the status
of each;

THE STANDING ORDERS OF THE SENATE 71

 (b) any inquiries undertaken by the Committee
and the progress of any such inquiry;
(c) any county visits undertaken by the
Committee and the outcome of such visits;
(d) the manner and extent to which the
Committee met its public participation
obligations in respect of the business of the
Committee; and
(e) the status of implementation of resolutions
of the Senate relating to matters within the
mandate of the Committee.
(3) The Speaker may allow comments or
observations in relation to the report tabled under
paragraph (1) (b), for not more than twenty minutes.
57. Statements by Senate Majority Leader and
Senate Minority Leader
(1) The Senate Majority Leader or, in his or her
absence, a member of the Senate Business Committee
designated by the Senate Majority Leader for that
purpose shall, every Thursday or on the last sitting day
of the week, present and lay on the Table, a Statement
informing the Senate of the business coming before the
Senate in the following week.
(2) The Senate Majority Leader or the Senate
Minority Leader, or their designees, may make a
Statement relating to their responsibilities in the Senate.

72 THE STANDING ORDERS OF THE SENATE

58. Personal Statements
During Statements Hour, a Senator may, by the
indulgence of the Senate, explain matters of a personal
nature although there is no question before the Senate,
but such matter may not be debated
PART XIII—MOTIONS
59. Application of Part
This Part shall apply to all Motions, including
Special Motions.
60. Notices of Motion
(1) Except as otherwise provided by these Standing
Orders, notice shall be given by a Senator of any Motion
which the Senator proposes to move.
(2) Before giving notice of a Motion, the Senator
shall deliver to the Clerk a copy of the proposed Motion
signed by the Senator, 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 of
which is likely to infringe, any of these
Standing Orders;
(b) is contrary to the Constitution or an Act of
Parliament, without expressly proposing

THE STANDING ORDERS OF THE SENATE 73

 appropriate amendment to the Constitution
or the Act of Parliament;
(c) is too long;
(d) is framed in terms which are inconsistent
with the dignity of the Senate; or
(e) contains or implies allegations which the
Speaker is not satisfied that the Mover can
substantiate;
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.
(4) A Senator giving notice of a Motion approved
by the Speaker shall state its terms to the Senate and
indicate whether the original copy received by the Clerk
has been certified by a party leader or party whip for
sponsorship by the Senator’s party.
(5) A Motion sponsored by a party shall have
precedence over all other Motions on such day as the
Senate Business Committee may determine, but where
a party has sponsored two or more motions, the Motions
shall be considered in such order as the sponsoring party
may determine;
(6) Notice of an approved Motion other than those
under paragraph (5) may be given to Senators by means
of a list to be published in such manner as the Speaker
may from time to time direct and the Senator giving
such notice shall state its terms to the Senate when the
Motion has acquired precedence in accordance with

74 THE STANDING ORDERS OF THE SENATE

Standing Order 64 (Time for moving Motions), but at
least one day before the Motion appears on the Order
Paper.
61. Withdrawal of a Notice of Motion
(1) A notice of Motion may be withdrawn by the
Senator who gave the notice.
(2) A notice of the Motion withdrawn under
paragraph (1) may be given again either by the same or
by any other Senator.
(3) Despite paragraph (1), notice of a Special
Motion may not be withdrawn, except with the leave
of the Senate.
62. Moving of Motions in amended form
The Speaker may permit a Senator to move in an
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.
63. Certain Motions not to be moved
(1) No Motion which is the same in substance
as any question which has been resolved (either in the
affirmative or in the negative), may be moved during the
subsequent 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; and
THE STANDING ORDERS OF THE SENATE 75
 (b) a Motion to rescind the decision on a
question on a Special Motion shall not be
allowed.
64. Time for moving Motions
(1) The Senate 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 Senator who has
a Motion in his or her name may authorize, in writing,
another Senator to-
(a) move that Motion in the Senator’s stead; or
(b) on conclusion of debate and before the
Question is put, to reply in the Senator’s
stead.
(3) Where no Senator moves a Motion at thetime
specified by or under these Standing Orders, such
Motion shall not be published again in the Order Paper
during the same Session except with the leave of the
Speaker.

65. Motions which may be moved without Notice

The following Motions may be moved without
notice—
(a) Motion by way of amendment to a question
already proposed from the Chair;
76 THE STANDING ORDERS OF THE SENATE
(b) Motion for the adjournment of the Senate
or of a debate;
(c) Motion that the Senate do dissolve itself
into a Committee of the Whole;
(d) Motion moved when the Senate is in
Committee;
(e) Motion for the suspension of a Senator;
(f) Motion made in accordance with the
Standing Orders governing the procedure
as to Bills;
(g) Motion for the agreement of the Senate with
a Committee of the Whole in a resolution
reported, or for the re-committal thereof
or for the postponement of the further
consideration thereof;
(h) Motion raising a question of privilege;
(i) Motion for the orders of the Senate under
these Standing Orders;
(j) Motion made under Standing Order 251
(Exemption of business from Standing
Orders);
(k) Motion made for the limitation of a debate
under Standing Order 111 (Limitation of
debate); and,

THE STANDING ORDERS OF THE SENATE 77

 (l) Motion made for the postponement or
discharge of, or giving precedence to an
order of the day.
66. Manner of debating Motions
(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 Senator, defer the putting of the question to
a later date in which case the Speaker shall thereupon
nominate a date and time at which the question shall be
put.
67. Amendments to Motions
(1) Unless otherwise provided in these Standing
Orders, any amendment to a Motion which a Senator
wishes to propose 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.
(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

78 THE STANDING ORDERS OF THE SENATE

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) An amendment to leave out words and replace
them with other words shall take precedence over any
amendment to leave out words without proposing to
replace those words with other words.
(7) 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

THE STANDING ORDERS OF THE SENATE 79

relate to the text of the Motion, or in cases of doubt, in
such order as the Speaker shall decide.
(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.
68. Amendments to be in Writing
(1) The proposer of an amendment to a Motion
shall, before moving it, hand the proposed amendment
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 Senator to move an
80 THE STANDING ORDERS OF THE SENATE
amendment to a Motion before the Senate at any time
during consideration of that Motion.
69. Amendments to be relevant to Motion
(1) Every amendment shall be relevant to the
Motion that it seeks to amend and shall not raise any
question that, in the opinion of the Speaker, should be
raised by a substantive Motion after notice given.
(2) No amendment shall be permitted if in the
opinion of the Speaker, it represents a direct negative of
the question proposed.
70. Question proposed after Motion moved
(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, unless with the permission of the Speaker.
(2) Despite paragraph (1), a Motion made in
Committee shall not require to be seconded.
71. Motion in possession of the Senate
After the question has been proposed on a Motion,
the Motion shall be deemed to be in the possession of
the Senate, and such Motion shall not be withdrawn
without the leave of the Senate.

THE STANDING ORDERS OF THE SENATE 81

72. Question as amended put
When a question has been amended, it shall, when
put, be put as amended.
73. When amendment proposed but not made
When an amendment has been proposed to a
Motion but no amendment has been made, the question,
when put, shall be put as originally proposed.
PART XIV—SPECIAL MOTIONS
74. Definition of Special Motion
(1) For purposes of this Part, a Special Motion is
one—
(a) that seeks a resolution of the Senate to
approve an appointment or re-appointment
in accordance with Part XV (NOMINATION
OR APPROVAL FOR APPOINTMENT TO
PUBLIC OFFICE); or
(b) moved pursuant to any of the following
Articles of the Constitution—
(i) Article 102 (Extension of the term of
Parliament when Kenya is at war);
(ii) Article 106 (Removal of Speaker or Deputy
Speaker)
(iii) Article 145 (Impeachment of the President);
82 THE STANDING ORDERS OF THE SENATE
 (iv) Article 150 (Impeachment of Deputy
President);
(v) Article 181 (Impeachment of a County
Governor)
(vi) Article 188 (Alteration of the Boundaries of
a County);
(vii) Article 192 (Suspension of a County
Government)
(viii) Article 211 (Borrowing by National
Government);
(ix) Article 217 (Division of Revenue);
(x) Article 225 (Approval of decision to stop the
transfer of funds to a State organ or any
other public entity); and
(xi) Article 240 (Deployment of National forces
outside Kenya and deployment of foreign
forces in Kenya).
(2) Unless the Constitution, any written law or
these Standing Orders specify a lesser or further period,
a Special Motion shall be—
(a) disposed of by the Speaker in accordance
with Standing Order 60 (Notices of
Motions) within seven days of receipt by
the Speaker of notice by a Senator; and

THE STANDING ORDERS OF THE SENATE 83

 (b) disposed of by the Senate within fourteen
calendar days upon notice being given
under Standing Order 60 (Notices of
Motions) and if not, such Motion shall be
deemed to have been withdrawn and shall
not be moved again in the same Session,
except with the consent of the Speaker.
PART XV — NOMINATION OR APPROVAL
FOR APPOINTMENT TO PUBLIC OFFICE
75. Application of Part
This Part applies to appointments to public office
that require nomination or approval by the Senate.
76. Nomination for Appointment by the Senate
Where the Senate is to nominate a person to a
public office and the procedure of such nomination is
not governed by the Constitution or any other law, the
following procedure shall apply—
(a) on receipt of a notice from the Authority
appointing a public officer, the Clerk shall
advertise by notice published in the Gazette,
a newspaper of nationwide circulation and
the Senate website calling for applications
to the public office;
(b) upon close of application, the Clerk shall
transmit all the names and documents

84 THE STANDING ORDERS OF THE SENATE

 received from interested persons, to the
relevant Committee for short-listing and
interview;
(c) the Committee shall, within fourteen days
of receipt of the names of interested
persons under paragraph (b), –
(i) short-list the candidates that meet the set
criteria and cause the list to be published;
(ii) facilitate public participation on the
suitability of the short-listed candidates; and
(iii) conduct the interview and table its Report
before the Senate.
(d) the Clerk shall notify the appointing
authority of the decision of the Senate
within seven days of the decision.
77. Approval Hearing by a Committee
(1) Upon receipt of a notification of nomination
for appointment to a public office required to be
approved by the Senate under the Constitution or any
other legislation, the nomination shall stand committed
to the relevant Standing Committee for consideration.
(2) Before holding an approval hearing, the
Committee shall notify the candidate and the public

THE STANDING ORDERS OF THE SENATE 85

of the time and place for the holding of the approval
hearing at least seven days prior to the hearing.

(3) The Committee shall conduct a hearing on

the proposed appointment and shall, unless otherwise
provided in law, table its report in the Senate within
fourteen days of the date on which the notification was
received under paragraph (1).
PART XVI — PROCEDURE FOR REMOVAL
FROM STATE OFFICE
78. Procedure for removal of President by
impeachment
(1) Upon receipt of a resolution of the National
Assembly pursuant to Article 145(2) of the Constitution,
the Speaker shall within seven days convene a meeting
of the Senate to hear the charges against the President,
and the Senate, by resolution, may appoint a Special
Committee comprising eleven of its members to
investigate the matter.
(2) The Special Committee appointed under
Article 145(3)(b) of the Constitution shall—
(a) investigate the matter; and
(b) report to the Senate within ten days
whether it finds the particulars of the
allegations against the President to have
been substantiated.

86 THE STANDING ORDERS OF THE SENATE

 (3) Members of the Special Committee shall take
an Oath or Affirmation, as may be prescribed by the
Speaker, submitting that they will perform their duties
honestly and with due diligence.
(4) The President shall have the right to appear and
be represented before the Special Committee during its
investigations.
(5) The Special Committee may hear representation
from the member who moved the motion in the National
Assembly and other members of the National Assembly.
(6) If the Special Committee reports that the
particulars of any allegation against the President—
(a) have not been substantiated, further
proceedings shall not be taken underArticle
145 of the Constitution in respect of that
allegation; or
(b) have been substantiated, the Senate shall,
after according the President an opportunity
to be heard, vote on the impeachment
charges.
(7) The Senate shall vote on each impeachment
charge of the Motion.
(8) If at least two-thirds of all the Senators vote
to uphold any impeachment charge, the President shall
cease to hold office.

THE STANDING ORDERS OF THE SENATE 87

 (9) The Senate or a Special Committee of the
Senate shall conduct the investigation into the matter
in accordance with the rules of procedure prescribed
under the Second Schedule to these Standing Orders.
79. Procedure for removal of Deputy President by
impeachment
Upon receipt of a resolution of the National
Assembly on removal of the Deputy President in terms
of Article 150 (1) (b) of the Constitution, Standing
Order 78 (Procedure for removal of President by
impeachment) shall, with necessary modifications,
apply.
80. Procedure for removal of a Governor
(1) Within seven days after receiving notice of
a resolution from the speaker of a County Assembly
supporting the removal of a governor of the county
pursuant to Article 181 of the Constitution—
(a) the Speaker of the Senate shall convene
a meeting of the Senate to hear charges
against the governor; and
(b) the Senate may-
(i) by resolution, appoint a Special
Committee comprising eleven of its
members to investigate the matter; or

88 THE STANDING ORDERS OF THE SENATE

 (ii) investigate the matter in plenary.
(2) The Senate sitting in plenary or the Special
Committee appointed under subsection (1) shall within
ten (10) days -
(a) investigate the matter; and
(b) in the case of the Special Committee, report
to the Senate on whether it finds the
particulars of the allegations against the
Governor to have been substantiated.
(3) The governor shall have the right to appear and
be represented before the Senate or a Special Committee
during the investigations.
(4) If the special committee reports that the
particulars of any allegation against the governor—
(a) have not been substantiated, no further
action shall be taken under this section in
respect of that allegation; or
(b) have been substantiated, the Senate shall,
after according the governor an opportunity
to be heard, vote on the charges.
(5) The provisions of paragraph (4) shall apply
with necessary modifications to the findings of the
Senate, while investigating the matter in plenary

THE STANDING ORDERS OF THE SENATE 89

 (6) If a majority of all the county delegations of
the Senate vote to uphold any impeachment charge, the
governor shall cease to hold office.
(7) If a vote in the Senate fails to result in the
removal of the governor, the Speaker of the Senate shall
notify the Speaker of the concerned County Assembly
accordingly and the motion by the assembly for the
removal of the governor on the same charges may only
be re-introduced to the Senate after the expiry of three
months from the date of such vote.
(8) The rules of procedure to be followed by the
Senate or a Special Committee of the Senate are set out
in the Third Schedule of these standing orders.
(9) The procedure set out in paragraphs (1) to
(8) shall apply with the necessary modifications to
impeachment of a Deputy Governor.
81. Right to be heard
Whenever the Constitution or any written law
requires the Senate to consider a petition or a proposal
for the removal of a person from office, the person shall
be entitled to appear before the Senate or the relevant
Committee of the Senate considering the matter and
shall be entitled to legal representation.
82. Priority of Motion
A Motion for the removal of a person from office

90 THE STANDING ORDERS OF THE SENATE

under this Part shall take precedence over all other
business on the Order Paper for the day.
PART XVII — VOTING AND DIVISIONS
83. County Delegations
(1) On election, all Senators who were registered as
voters in a particular county shall collectively constitute
a single delegation for purposes of paragraph (2)
and the Senator elected under Article 98 (1) (a) of the
Constitution shall be the head of the delegation.
(2) Except as otherwise provided in the
Constitution, in any matter in the Senate affecting
counties—
(a) each county delegation shall have one vote
to be cast on behalf of the county by the
head of the county delegation or, inthe
absence of the head of the delegation, by
another member of the delegation
designated by the head of the delegation;
(b) the person who votes on behalf of a
delegation shall determine whether or not
to vote in support of or against the matter,
after consulting the other members of the
delegation; and
(c) the matter is carried only if it is supported
by a majority of all the delegations.

THE STANDING ORDERS OF THE SENATE 91

 (3) The head of a county delegation may, for
purposes of paragraph (2)(a), in a letter addressed to the
Speaker,–
(a) designate another member of the delegation
to cast a vote on behalf of the delegation
either generally, for a specific matter or for
a specific period; or
(b) revoke the designation under subparagraph
(a).
84. Voting on a matter other than a Bill
(1) When the Senate is to vote on any matter other
than a Bill, the Speaker shall rule on whether the matter
affects or does not affect counties.
(2) The Speaker’s ruling under paragraph (1) shall
be made after conclusion of debate on the matter but
before the question is put.
(3) When the Senate votes on a matter that does
not affect counties, each Senator has one vote.
85. Voting in the Senate
(1) Except on a matter affecting counties, any
question proposed for decision in the Senate shall
be decided by a majority of the Senators present and
voting.

92 THE STANDING ORDERS OF THE SENATE

 (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
Senate, the Speaker has no vote.
(4) In determining the number of Senators for
the purpose of voting, the Speaker shall not be counted.
86. Electronic voting
(1) Unless the Speaker, for the convenience of the
Senate otherwise directs, voting on any division in the
Senate shall be by electronic voting.
(2) When the Speaker directs that an electronic
vote be taken, the Division Bell shall be rung for five
minutes and the Senate shall proceed to a vote at the
expiry of the five minutes, or such further time as the
Speaker may, for the convenience of the Senate, direct.
(3) During electronic voting, Senators shall cast
their votes by pressing the “Yes”, “No” or “Abstain”
button.
(4) At the expiry of five minutes or as soon as the
result of the voting appears on the indicator board, the
Speaker or the Chairperson, as the case may be, shall
announce the results of the division forthwith.

THE STANDING ORDERS OF THE SENATE 93

 (5) A Senator who is not able to cast his or her vote
due to any reason considered sufficient by the Speaker,
may, before the result of the division is announced and
after obtaining the permission of the Speaker, have his
or her vote recorded verbally by stating whether he or
she is in favour of or against the Question.
(6) Where the Presiding Officer has an original
vote, the presiding officer shall cast his or her vote from
the Chair.
(7) Any Senator present in the Senate but who
shall not have voted at the expiry of five minutes or after
the announcing of the results, whichever is earlier,shall
forfeit the right to vote.
87. Division Claimed
The Speaker shall direct a roll call vote to be taken,
if a Senator claims a roll call division and—
(a) the Speaker considers that there is a
reasonable doubt as to the outcome of any
question in an electronic vote; or
(b) if, on a question other than a question of
procedure, fifteen or more Senators rise in
their places to support the Senator claiming
the roll call division.

94 THE STANDING ORDERS OF THE SENATE

88. Roll call voting
(1) When the Speaker directs a roll call vote to be
taken, the Division Bell shall be rung for five 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 expiry of five minutes, the Speaker shall
direct the doors to be locked and the Bar drawn and no
Senator shall thereafter enter or leave the Chamber 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 Senators in alphabetical
order in the presence of the tellers.
(5) When called out, each Senator 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 Senate.

THE STANDING ORDERS OF THE SENATE 95

 (7) The Speaker may allow a vote on several
clauses at the same time.
89. In case of confusion or error
In case of a technical failure, confusion or error
occurring in the course of an electronic or a roll call vote
concerning the numbers or names recorded, which
cannot otherwise be corrected, the Speaker shall direct
the Senate to proceed to another round of electronic
voting or roll call vote.
90. Errors corrected
If, after an electronic or 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, that fact shall be reported
to the Senate and the Speaker shall direct that the
necessary correction be made.
91. Decorum during division
(1) No Senator shall be obliged to vote in a
division, but those present and not voting shall either—
(a) in the case of an electronic vote, press the
“Abstain” button; or
(b) in the case of a roll call vote, record their
abstention with the Clerk.
(2) It shall be disorderly conduct for a Senator
96 THE STANDING ORDERS OF THE SENATE
 to fail to record his or her abstention in a
division.
(3) A Senator shall not vote on any question in
which the Senator has a pecuniary interest.
(4) During division, Senators shall maintain
order in the Senate and shall be in their
designated seats and shall remain seated
until the result is announced.
PART XVIII — RULES OF DEBATE
92. Proceedings to be in Kiswahili, English or
Kenyan Sign Language
(1) All proceedings of the Senate shall be conducted
in Kiswahili, English or in Kenyan Sign Language.

(2) A Senator 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 Senator’s speech.
93. Senators to address the Speaker
Every Senator desiring to speak shall address a
request to the Speaker.
94. Two or more Senators requesting to speak
If two or more Senators request to speak at the
same time, the Senator called upon by the Speaker shall
be entitled to speak.
THE STANDING ORDERS OF THE SENATE 97
95. Speeches may not be read
(1) No Senator shall read a speech but a Senator
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 Senator to read a
speech in particular cases where the Speaker is satisfied
that this is necessary for precision in statement of facts.
96. No Senator to speak after Question put
No Senator shall speak to any Question after the
Question has been put by the Speaker.
97. Speaking twice to a Question
(1) No Senator shall speak more than once to a
Question except in the Committee of the Whole.
(2) Despite paragraph (1)—
(a) a Senator who has spoken on a question
may again be heard to offer explanation of
some material part of the Senator’s speech
which has been misunderstood but must
not introduce new matter;
(b) a Senator who has moved a substantive
Motion has, on conclusion of debate and
before the Question is put, a right of reply,

98 THE STANDING ORDERS OF THE SENATE

 and may delegate that right to another
Senator to reply in the Senator’s stead.
(c) the mover of a Motion of amendment shall
not have a right of reply to a Motion of
amendment.
(3) The mover of a substantive Motion may
surrender all or part of his or her right to reply to another
Senator or Senators nominated by him or her who has
not already spoken to such Motion.
98. Point of Order
(1) Any Senator may raise a point of order at any
time during the speech of another Senator stating that
the Senator raises a point of order and that Senator shall
be required to indicate the Standing Order upon which
the point of order is based.
(2) When a Senator raises a point of order during
the speech of another Senator, the Senator who was
speaking shall thereupon resume his or her seat and
the Senator raising the point of order shall do likewise
when he or she has concluded his or her submission, but
no other Senator 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 Senator who

THE STANDING ORDERS OF THE SENATE 99

was speaking at the time the point of order was raised
may continue to speak.
(4) The Speaker or the Chairperson shall order any
Senator who unnecessarily and persistently interrupts
proceedings or consults loudly and disruptively to
withdraw from the Chamber and Standing Order 121
(Disorderly conduct) shall apply to any such Senator.
99. Anticipating debate
(1) It shall be out of order to anticipate the debate
of a Bill which has been published as such in theGazette
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 Senate.
(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 Senate.
(3) In determining whether a debate is out of order
on the grounds of anticipation, regard shall be had to the
probability of the matter anticipated being brought
before the Senate within a reasonable time.
100. Proceedings of Select Committees not to be
referred to
No Senator shall refer to the substance of

100 THE STANDING ORDERS OF THE SENATE

the proceedings of a Select Committee before the
Committee has made its report to the Senate.
101. Contents of Speeches
(1) Neither the personal conduct of the President,
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 Senate 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 Senate 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 Senators or
other persons.
(4) No Senator shall impute improper motive
to any other Senator or to a Member of the National
Assembly except upon a specific substantive Motion of
which at least three days’ notice has been given, calling
in question the conduct of that Senator or Member of
the Assembly.

THE STANDING ORDERS OF THE SENATE 101

 (5) It shall be out of order for a Senator to criticize
or call to question, the proceedings in the National
Assembly, a County Assembly or the Speaker’s Ruling
in the National Assembly but any debate may be allowed
on the structures and roles of County Assemblies or the
National Assembly.
(6) A Senator shall refer to another Senator by the
title “Senator… (name of the Senator)”.
102. Retraction and Apologies
A Senator who has used exceptionable words and
declines to explain or 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.
103. Matters sub judice or secret
(1) Subject to paragraph (5), no Senator 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.
(3) In determining whether a criminal or civil
proceeding is active, the following shall apply—

102 THE STANDING ORDERS OF THE SENATE

 (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 deemedto
have ceased to be active when theyare
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 Senator 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
Senate or a Committee.

THE STANDING ORDERS OF THE SENATE 103

104. Declaration of Interest
A Senator who wishes to speak on any matter
in which the Senator has a pecuniary or proprietary
interest shall first declare that interest.
105. Responsibility for statement of fact
(1) A Senator shall be responsible for the accuracy
of any facts that the Senator alleges to be true and may
be required to substantiate any such facts instantly.
(2) If a Senator has sufficient reason to convince
the Speaker that the Senator is unable to substantiate the
allegations instantly, the Speaker shall require that such
Senator substantiates the allegations not later than the
next sitting day, failure to which the Senator shall be
deemed to be disorderly within the meaning of
Standing Order 121 (Disorderly conduct) unless the
Senator withdraws the allegations and gives a suitable
apology, if the Speaker so requires.
106. Senator who has spoken to question may speak
to amendment
Where an amendment has been moved and, if
necessary, seconded, any Senator who has already
spoken to the main question may speak to the
amendment and, any Senator 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.

104 THE STANDING ORDERS OF THE SENATE

107. Debate on amendment confined to amendment
(1) Where an amendment has been moved and,
if necessary, seconded, debate shall be confined to the
amendment.
(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 Senator who speaks to the amendment
shall not be entitled, after the amendment has been
disposed of, to speak to the Motion, and any Senator
who has already spoken to the Motion may, in speaking
to the amendment, speak only to any new matter raised
thereby.
108. Reserving rights of speech
Upon a Motion, other than a Motion by way of
amendment to a question proposed by the Speaker, a
Senator may second by rising in his or her place and
signifying acquiescence by bowing the head without
speaking and such Senator shall, thereby, reserve the
same rights of speech as the Senator would have had if
some other Senator had seconded such Motion.
109. Closure of debate
(1) After the question on a Motion the Mover of
which has a right of reply has been proposed, a Senator
rising in his or her place may claim to move “That, the
THE STANDING ORDERS OF THE SENATE 105
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 Senate, or an infringement of
the rights of Senators, 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, the Speaker shall
put the question, subject to Standing Order 66 (3)
(Manner of debating Motions).
(2) After the question on a Motion the Mover of
which has no right of reply has been proposed, a Senator
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 Senate, or an infringement of the
rights of Senators, 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.
(3) A Motion for closure of debate under paragraph
(1) or (2) may not be moved by a Senator who has
spoken to the Motion under consideration.
110. Adjournment of debate
(1) A Senator who wishes to postpone to some
future occasion the further discussion of a question
106 THE STANDING ORDERS OF THE SENATE
which has been proposed from the Chair may, for
reasons stated, claim to move “That, the debate be
now adjourned”, or, in Committee of the Whole
“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 Senate, the
Speaker may forthwith put the question thereon or
decline to propose it.
(4) A Senator 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 Senate or in
Committee of the Whole.
PART XIX — LIMITATION OF DEBATE
111. Limitation of Debate
(1) The Senate may, on a Motion made by any
Senator 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 Senators 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.
THE STANDING ORDERS OF THE SENATE 107
 (4) No Senator 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––
(a) the Senate Majority Leader and the Senate
Minority Leader may each speak for a
maximum of sixty minutes; and
(b) the mover of the Motion may speak for a
maximum of sixty minutes while moving
the Motion and a maximum of thirty
minutes while replying.
PART XX—ORDER IN THE SENATE AND IN
COMMITTEES

112. Maintenance of Order

Order shall be maintained in the Senate bythe
Speaker and in a Committee of the Whole by the
Chairperson of such Committee but disorder in
Committee may be censured only by the Senate on
receiving a report thereof.
113. Security checks
A Senator shall be subjected to a security check or
screening before entering the Chamber or the venue of
a Committee Sitting.

108 THE STANDING ORDERS OF THE SENATE

114. Firearms and other offensive weapons
No Senator shall bring a firearm or any offensive
weapon into the Chamber or the venue of a Committee
sitting, and any such weapon shall be deposited with the
Serjeant-at-Arms for safe custody before entering the
Chamber or the venue of a Committee sitting, and
collected at the time of leaving.

115. Senators’ bags

A Senator may be allowed into the Chamber with
a handbag or a document bag of a reasonable size.
116. When the Speaker rises Senators to be silent
Whenever the Speaker or the Chairperson of
Committees rises, any Senator then speaking or offering to
speak, shall resume his or her seat and the Senate or the
Committee shall be silent, so that the Speaker or the
Chairperson of Committees may be heard without
interruption.
117. Senators and the Chair
(1) Every Senator shall bow to the Chair in
passing to or from his or her seat or across the Floor of
the Senate, but a Senator may show respect in any other
manner consistent with the Senator’s faith and with the
dignity of the Senate.
(2) No Senator shall pass between the Chair and
THE STANDING ORDERS OF THE SENATE 109
any Senator who is speaking or between the Chairand
the Table except in so far as it is necessary for the
purpose of the administration of Oath or Affirmation of
Office.
118. Senators to be seated
Except when passing to and from his or her seat or
when speaking, every Senator when in the Chamber
shall be seated, and shall not at any time stand in any of
the passages and gangways.
119. Senators to remain in their places until the
Speaker has left the Chamber
When the Senate adjourns, Senators shall stand in
their places until the Speaker has left the Chamber.

120. Irrelevance or repetition

The Speaker or the Chairperson of Committees,
after having called attention to the conduct of a Senator
who persists in irrelevance or tedious repetition either
of the Senator’s own arguments or the arguments used
by other Senators in debate may, after having first
warned him or her direct that the Senator discontinue
his or her speech.
121. Disorderly conduct
(1) A Senator is disorderly if the Senator-

110 THE STANDING ORDERS OF THE SENATE

 (a) creates disorder;
(b) knowingly raises a false point of order;
(c) unnecessarily interrupts proceedings or
consults in a disruptive manner;
(d) fails to record abstention in a division;
(e) makes allegations without, in the Speaker’s
opinion, adequate substantiation; or
(f) commits any other breach of these Standing
Orders that, in the opinion of the Speaker,
constitutes disorderly conduct.

(2) The Speaker may call a Senator whose conduct

is disorderly to order, and-
(a) caution the Senator; or
(b) order the Senator to withdraw from the
precincts of the Senate for the remainder of
that day’s sitting.
122. Gross Disorderly Conduct
(1) A Senator commits an act of gross disorderly
conduct if the Senator-
(a) defies a ruling or direction of the Speaker or
Chairperson of Committees;

THE STANDING ORDERS OF THE SENATE 111

 (b) declines to retract use of un-parliamentary
language or declines to offer apologies,
despite having been ordered to do so by the
Speaker;
(c) fails to declare personal interest in a matter
before the Senate or a Committee in
accordance with Standing Order 104
(Declaration of Interest);
(d) persistently makes serious allegations
without, in the Speaker’s opinion, adequate
substantiation;
(e) deliberately gives false information to the
Senate;
(f) votes more than once in breach of these
Standing Orders or persistently fails to
record abstention in a division;
(g) votes on any question in which the Senator
has a pecuniary interest contrary to
Standing Order 91(3) (Decorum during
division);
(h) demonstrates or makes disruptive
utterances against the suspension of a
named Senator;
(i) attempts to or causes disorder of whatever
nature during an address by the President
or a visiting dignitary pursuant to Standing

112 THE STANDING ORDERS OF THE SENATE

 Order 28 (President’s Address to the
Senate);
(j) uses violence against a Senator or other
person in the Senate or Committee;
(k) disrupts or attempts to disrupt the Speaker’s
Procession;
(l) removes or attempts to remove the mace
from its place in the Chamber;
(m) commits any other breach of these Standing
Orders, that in the opinion of the Speaker,
constitutes gross disorderly conduct.
(2) The Speaker may call a Senator whose conduct
is grossly disorderly to order, and shall order the
Senator to withdraw immediately from the precincts of
Parliament—
(a) on the first occasion, for a maximum of
three sitting days, including the sitting day
of suspension; and
(b) on the second or subsequent occasion
during the same session, for a minimum
of seven sitting days and a maximum of
twenty-one sitting days, including the day
of suspension;
123. Senator may be suspended after being named
(1) Any Senator may at any time, on a point of order,
invite the Speaker or the Chairperson of Committees to
name another Senator for gross disorderly conduct, but

THE STANDING ORDERS OF THE SENATE 113

the decision whether or not to do so shall remain with
the Speaker or Chairperson.
(2) Whenever a Senator shall have been named by
the Speaker or by the Chairperson, then—
(a) if the breach has been committed by such
Senator in the Senate, a Motion shall be made by
any other Senator present “That, such Senator
(naming the Senator) be suspended from the service
of the Senate”, 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, the Chairperson shall
forthwith leave the Chair and report the circumstances
to the Senate 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 Senate itself.
124. Senator suspended to withdraw from precincts
of Parliament
(1) Whenever a Senator has been named in
accordance with Standing Order 123 (Senator may be
suspended after being named), the Speaker shall order
the Senator to withdraw from the Chamber and the
precincts of Parliament.
(2) Any Senator who is ordered to withdraw
114 THE STANDING ORDERS OF THE SENATE
under Standing Order 121 (Disorderly conduct),
Standing Order 122 (Gross Disorderly Conduct)or
who is suspended from the service of the Senate under
Standing Order 123 (Senator may be suspended after
being named) shall forthwith withdraw from the
precincts of Parliament and shall during the period of
such withdrawal or suspension (except during a recess),
forfeit the right of access thereto.
(3) Any Senator who demonstrates or makes
disruptive utterances against the suspension of a named
Senator shall be deemed to be disorderly in accordance
with Standing Order 121 (Disorderly conduct).

125. Duration of suspension of a Senator

(1) If any Senator is suspended under Standing
Order 123 (Senator 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 Senator who is ordered to withdraw under
Standing Order 121 (Disorderly conduct), Standing
Order 122 (Gross disorderly conduct) or who is
suspended from the service of the Senate under

THE STANDING ORDERS OF THE SENATE 115

Standing Order 123 (Senator may be suspended after
being named) shall forfeit all sitting allowances payable
during the period of such suspension.
126. Action to be taken on refusal to withdraw
If any Senator 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 Senate or
Committee to the fact that recourse to force is necessary
in order to compel such Senator to withdraw, shall order
such Senator to be removed and such Senator shall
thereupon without question put be suspended from the
service of the Senate for a minimum of ninety-one
calendar days and a maximum of one hundred and eighty
calendar days, including the day of the suspension and
shall during such suspension, forfeit the right of access
to the precincts of the Parliament and the Serjeant-at-
arms shall take necessary action to enforce the order.
127. Appeal against Suspension
A Senator in respect of whom a suspension under
this Part is imposed may appeal in writing to the
Speaker, and the Speaker may –
(a) uphold the suspension as pronounced; or
(b) vary the decision and communicate the
matter to the Senate.

116 THE STANDING ORDERS OF THE SENATE

128. Grave disorder in the Senate
(1) In the event of grave disorder arising in the
Senate, the Speaker may adjourn the Senate forthwith
or suspend any sitting for a period to be determined by
the Speaker.
(2) In the event of grave disorder arising in the
Committee of the Whole, the Speaker shall resume the
Chair forthwith.
PART XXI — PUBLIC BILLS
129. Application of Part
The provisions of this Part shall apply in respect
of all Public Bills.
130. Introduction of Bills
(1) A legislative proposal which is sponsored by
a Senator or a Committee shall, together with a
memorandum setting out its objectives and matters
specified in Standing Order 136 (Memorandum of
Objects 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—

THE STANDING ORDERS OF THE SENATE 117

 (a) whether the legislative proposal affectsor
does not affect counties and, if it does,
whether it is a Special or Ordinary Bill;
(b) whether the legislative proposal is a draft
money Bill in terms of Article 114 of the
Constitution; and
(c) whether the legislative proposal conforms
to the Constitution and the law and is in
order as to format and style in accordance
with these Standing Orders.
(3) Upon receipt of the comments of the Clerk
under paragraph (2), the Speaker shall—
(a) in respect of a legislative proposal which
is not sponsored by a Committee, referthe
legislative proposal to the relevant
Committee for pre-publication scrutiny
and comments and the Committee shall
submit its comments to the Speaker within
fourteen days;
(b) if the legislative proposal is a draft money
Bill in terms of Article 114 of the
Constitution, direct that the legislative
proposal be not proceeded with pursuant to
Article 109 (5) of the Constitution; and
(c) if, in the opinion of the Speaker, the

118 THE STANDING ORDERS OF THE SENATE

 legislative proposal will not give rise to
a Bill concerning county governments,
direct that the legislative proposal be not
proceeded with pursuant to Article 109 (3)
of the Constitution.
131. Pre-publication Scrutiny
(1) Where a legislative proposal is referred tothe
relevant Committee pursuant to paragraph (3)
(a) of Standing Order 130 (Introduction of Bills), the
Committee may -
(a) examine the proposal and seek the views of
the sponsor, the relevant Cabinet Secretary
or any other person on the likely impact,
effect, outcome and consequence of the
legislative proposal and any other aspect
the Member or the Committee may deem
necessary; and
(b) suggest variations with a view to improving
the legislative proposal, but the sponsor is
not bound to incorporate such variations;
(2) Upon receipt of the comments of the relevant
Committee under Standing Order 130(3)(a), the Speaker
may direct that the legislative proposal be accepted and,
if the Speaker certifies that the legislative proposal is
accepted, the legislative proposal shall be published as
a Bill.

THE STANDING ORDERS OF THE SENATE 119

 (3) The Speaker may exempt a legislative proposal
from the application of this Standing Order.
132. Procedure upon publication
(1) Upon publication of a Bill, and before the First
Reading of the Bill, the Speaker shall, jointly with the
Speaker of the National Assembly, resolve any question
as to whether it is a Bill concerning counties and, if it is,
whether it is a special or an ordinary Bill.
(2) For purposes of paragraph (1), the Speaker
shall by a letter addressed to the Speaker of the National
Assembly, seek a joint resolution with the Speaker of
the National Assembly whether it is a Bill concerning
counties and, if it is, whether it is a special or an ordinary
Bill.
(3) Where the Speaker of the National Assembly
does not concur that the Bill is a Bill concerning
counties and, if it is, whether it is a special or an ordinary
Bill, the Speaker shall, jointly with the Speaker of the
National Assembly, resolve the question whether it is
a Bill concerning counties and, if it is, whether it is a
Special or an Ordinary Bill.
(4) Where, upon the expiry of fourteen days from
the day of the communication under paragraph (2) or
such further time as the Speaker of the Senate may
determine, no communication has been received from
the Speaker of the National Assembly, the Speaker of

120 THE STANDING ORDERS OF THE SENATE

the Senate shall direct that the Bill may be Read a First
time in accordance with these Standing Orders.
(5) Upon publication of a Bill in the Gazette, the
Clerk shall obtain sufficient copies of the Bill and avail
a copy of the Bill to each Senator.
(6) A Bill shall be signed by the Senator in charge
of it and shall be introduced by way of First Reading in
accordance with Standing Order 144 (First Reading).
(7) A Bill which is sponsored by a Committee shall
be introduced by the Chairperson of the Committee or a
member of the committee designated by the committee
for that purpose.
133. Concurrence on determination on Bills
concerning counties
Whenever the Speaker receives a communication
from the Speaker of the Assembly seeking concurrence
that a Bill concerns counties, including concurrence that
the Bill is a special or ordinary Bill in terms of Article
110 (3) of the Constitution, or that a Bill originating in
the Assembly does not concern counties, the Speaker
shall convey his or her decision to the Speaker ofthe
Assembly within fourteen days of receipt of the
communication.
134. Printing of amending provisions
Where a Bill seeks to amend any provision of
an existing Act, the text of the relevant part of such
THE STANDING ORDERS OF THE SENATE 121
provision shall be printed and supplied as part of the Bill
which is availed to Senators, unless in the opinion of the
Speaker, the amendment is formal, minor or self-
explanatory.
135. Enacting Formula
Every Bill shall contain, as the enacting formula,
the words “Enacted by the Parliament of Kenya”.
136. Memorandum of Objects and Reasons
Every Bill shall be accompanied by a memorandum
containing—
(a) a statement of the objects and reasons of
the Bill;
(b) a statement of the delegation of legislative
powers and limitation of fundamentalrights
and freedoms, if any;
(c) a statement of how it concerns county
governments; and
(d) a statement that the Bill is not a money Bill,
within the meaning of Article 114 of the
Constitution.
137. Provisions on Delegated Powers
Every Bill that confers on any State organ, State
officer or person the authority to make provision

122 THE STANDING ORDERS OF THE SENATE

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 Legislative Powers” in which shall be
expressly specified—
(a) the purpose and objectives for which that
authority is conferred;
(b) the limits of the authority;
(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.
138. Limitation of Fundamental Rights and
Freedoms
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 specifically expressing––
(a) the intention to limit that right or
fundamental freedom; and
(b) the nature and extent of that limitation.
139. Publication
No Bill shall be introduced unless such Bill
together with the memorandum referred to in Standing
THE STANDING ORDERS OF THE SENATE 123
Order 136 (Memorandum of Objects and Reasons),has
been published in the Gazette (as a Bill tobe
originated in the Senate), and unless, in the case ofa
Division of Revenue Bill or a County Allocation of
Revenue 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 Senate may resolve with respect to
the Bill, has ended.
140. Bills amending the Constitution of Kenya
(1) A Bill to amend the Constitution may be
introduced in the Senate, and pursuant to Article 256 of
the Constitution-
(a) may not address any other matter apart from
consequential amendments to legislation
arising from the Bill;
(b) shall not be called for Second Reading
within ninety days after the First Reading
of the Bill; and
(c) shall be passed at both Second and Third
Readings, by not less than two-thirds of all
Senators.
(2) Notwithstanding paragraph (1), whenevera
Bill to amend the Constitution fails to obtain the
required majority, at either Second or Third Reading
when the question on the Bill is put and the vote results
124 THE STANDING ORDERS OF THE SENATE
in a majority of the “Ayes” but the “Noes” have not
numbered at least one-third of all the Senators, the
Speaker may direct that a further vote be taken on the
particular question and the further vote shall be taken
within five sitting days from the day the first vote was
taken.
(3) If the Speaker does not direct a further vote
under paragraph (2) or if on such further vote the fixed
majority is not obtained, the Speaker shall declare that
the motion is negatived.
141. Bills concerning County Governments
(1) For the purposes of making a determination
whether or not a Bill concerns County Government, the
Speakers may appoint a joint committee to advise them
in resolving any question on such a Bill.
(2) A Bill concerning county governments is—
(a) a special Bill, which shall be considered
under Article 111 of the Constitution if it—
(i) relates to the election of members of a
County Assembly or a County Executive; or
(ii) is the Annual County Allocation of Revenue
Bill referred to in Article 218 of the
Constitution; or
(b) an ordinary Bill, which shall be considered

THE STANDING ORDERS OF THE SENATE 125

 as provided under Article 112 of the
Constitution, in any other case.
142. Not more than one stage of a Bill to be taken at
the same sitting
(1) Except with the leave of the Senate, 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
a County Allocation of Revenue Bill or the Division of
Revenue Bill.
143. Reading of Bills
A Bill is read by the Clerk to the assembled Senate
by reading the title of the Bill.
144. First Reading
Every Bill shall be read a First Time without
Motion made or question put.
145. Committal of Bills to Committees and public
participation
1) A Bill having been read a First Time shall stand
committed to the relevant Standing Committee without
question put.
(2) Despite paragraph (1), the Speaker may direct
that a particular Bill be committed to such committee as
the Speaker may determine.

126 THE STANDING ORDERS OF THE SENATE

 (3) Notwithstanding paragraph (1), the Senate may
resolve to commit a Bill to a select committee established
for that purpose.
(4) A Senator intending to move a motion under
paragraph (2) shall give the Speaker a written notice of
the Motion, at least two hours before the sitting of the
Senate on the day the Bill is scheduled for First Reading.
(5) A 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 Senate.
(6) For the convenience of the Senate, the Senate
may, by resolution, discharge a Bill from a Select
Committee, and commit it to another Select Committee.
146. Second Reading
(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 months”.

THE STANDING ORDERS OF THE SENATE 127

147. Power of Committee on a Bill to amend Bills
Pursuant to Standing Order 145 (3) (Committal of
Bills to Committees and public participation), a Select
Committee established for the purpose of considering a
Bill shall have power to make such amendments thereto
relevant to the subject matter of the Bill or, pursuant to
any special instruction by the Senate as it shall think fit,
but if any such amendment is not within the title of the
Bill, the Committee shall amend the title accordingly
and report the amendment thereof specially to the
Senate.
148. Reporting by a Standing Committee
(1) Whenever a Bill is referred to a Standing
Committee, the Chairperson of the Committee, the vice-
chairperson or a Senator designated by the Committee
to which the Bill is committed, shall present the
Committee’s report to the Senate within thirty calendar
days of such committal.
(2) Upon presentation of the report under paragraph
(1) or if the Committee’s report is not presented when it
becomes due, the Bill shall be ordered to be read a
Second Time and committed to the Committee of the
Whole on such day as the Senate Business Committee
shall, in consultation with the Senator who introduced
the Bill, appoint.
(3) Paragraph (1) of this Standing Order shall

128 THE STANDING ORDERS OF THE SENATE

not apply in the case of a Constitution of Kenya
(Amendment) Bill.
149. Referral of proposed amendments to Select
Committees
Where, after a Bill has been read a Second Time
and before commencement of Committee of the Whole,
amendments have been proposed to it which inthe opinion
of the Speaker require harmonization, the Speaker may
direct any Senator proposing an amendment to the Bill
to appear before the Select 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 Senate on the result of the exercise before the
Committee of the Whole is taken.
150. Committal of Bills to Committee of the Whole
(1) A Bill having been read a Second Time shall
stand committed to a Committee of the Whole.
(2) On the Order of the Day for Committee of the
Whole on a Bill being read, the Speaker shall leave the
Chair without question put.
151. Sequence to be observed on a Bill in
Committee of the Whole
In considering a Bill in Committee of the whole,
the various parts thereof shall be considered in the
following sequence –

THE STANDING ORDERS OF THE SENATE 129

 (a) clauses as printed, excluding the clause
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) title; and
(h) the clause providing for the citation of the
Bill.
152. Procedure in Committee of the Whole on a Bill
(1) The Clerk shall call severally each part of the
Bill in the sequence specified in Standing Order 151
(Sequence to be observed on a Bill in Committee of
the Whole) 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 Senators
who wish to speak have spoken, the Chairperson shall
put that question to the Committee of the Whole for
decision.

110 THE STANDING ORDERS OF THE SENATE

 (2) No amendment shall be moved to any part of
a Bill by any Senator, other than the Senator in charge
of the Bill, unless written notification of the amendment
shall have been given to the Clerk at least twenty-four
hours before the commencement of the sitting at which
that part of the Bill is considered in Committee of the
Whole.
(3) Despite paragraph (2), where an amendment
has been moved to any part of a Bill in accordance with
this paragraph, any Senator may move an amendment
to that amendment on delivering to the Chairperson the
terms of his or her amendment in writing.
(4) A Senator 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
to a Bill if the amendment deals with a different subject
or topic or unreasonably or unduly expands 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

THE STANDING ORDERS OF THE SENATE 111

Chairperson, the debate has shown that the amendment
contravenes this paragraph.
(7) In the case of a County Allocation of Revenue
Bill, no amendment shall be moved which is
inconsistent with a resolution made under Article 217
of the Constitution and the Annual Division of Revenue
Act.
(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 (3) of Standing Order 66 (Manner of
debating Motions) shall, with necessary modifications
apply, to proceedings for amendment of a Bill in
Committee of the Whole.
(10) The consideration of any part or a clause of
a Bill may be postponed until such later stage of the
proceedings in Committee of the Whole on such Bill
as the Chairperson of the Committee of the Whole 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 new clause (as amended)
be added to the Bill”.
(12) New schedules shall be disposed of in the
same way as new clauses.
112 THE STANDING ORDERS OF THE SENATE
 (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 of the Whole on a Bill or, if more than
one, on all such Bills, the Senator in charge shall move
“That, the Bill(s) (as amended) be reported to the
Senate”, and the question thereon shall be decided
without amendment or debate.
153. Reporting of Progress
If any Senator, before the conclusion of
proceedings on a Bill in a Committee of the Whole,
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
Senator in charge of the Bill, shall report progress to the
Senate and shall seek leave to sit again, and a day for
the resumption of the proceedings shall be determined
by the Senate Business Committee in consultation with
the Senator in charge of the Bill.

THE STANDING ORDERS OF THE SENATE 113

154. Bill to be reported
When a Committee of the Whole has agreed that
a Bill or a number of Bills be reported, the Chairperson
shall forthwith leave the Chair of the Committee and the
Senate shall resume, and the Chairperson or if the
Chairperson has taken the Speaker’s Chair, the Senator
in charge of the Bill shall report the Bill to the Senate,
and each Bill, if more than one, shall be so reported
separately.
155. Procedure on Bills reported from Committee
of the Whole
(1) When a Bill has been reported from a
Committee of the Whole, the Senate shall consider the
Bill as reported upon a Motion “That the Senate 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 Senator
desires to delete or amend any provision contained in a
Bill, or to introduce a new provision in the Bill.
(3) A Senator 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
an 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

114 THE STANDING ORDERS OF THE SENATE

some proposed new clause or new schedule) toa
Committee of the Whole”, and if that Motion is agreed
to with such an amendment, the Bill shall stand so re-
committed and the Senate shall either forthwith orupon
a day named by the Senate Business Committee, in
consultation with the Senator in charge of the Bill
dissolve itself into a Committee to consider the matters
so re-committed.
156. Procedure on Bills reported from a Select
Committee on a Bill

(1) The report of a Select Committee on a Bill shall

be laid on the Table of the Senate by the Chairperson or
Vice Chairperson of the Select Committee or by another
Senator authorized by the Committee in that behalf.
(2) The Senate shall consider the Bill as reported
from the Select Committee upon a Motion “That the
report of the Select Committee on the…Bill, be
approved”.
(3) Standing Order 155 (Procedure on Bills
reported from Committee of the Whole) shall apply,
with necessary modifications, to any Motion to approve
the report of a Select Committee on a Bill.

157. Procedure upon the re-committal of a Bill

(1) When a Bill has been re-committed to a
Committee of the Whole, the Committee shall consider

THE STANDING ORDERS OF THE SENATE 115

only the matters so re-committed and any matter directly
consequential thereon.
(2) Except as is provided by paragraph (1), the
procedure in Committee of the Whole 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 Committee
of the Whole after re-committal, Standing Order 155
(Procedure on Bills reported from Committee of the
Whole) shall apply.
158. Third Reading
(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 Senate Business
Committee, in consultation with the Senator 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.
159. Withdrawal of Bills
(1) Either before the commencement of business
or on the Order of the Day for any stage of the Bill being
read, the Senator in charge of a Bill may, withoutnotice,
claim to withdraw the Bill.
116 THE STANDING ORDERS OF THE SENATE
 (2) If the Speaker is of the opinion that the claim is
an abuse of the proceedings of the Senate, the Speaker
shall decline to allow the withdrawal of the Bill.

(3) A Bill that has been withdrawn may, subject to

Standing Order 130 (Introduction of Bills) and re-
publication, be introduced again.
(4) If a Senator in charge of a Bill desires to
withdraw a Bill before it is introduced in the Senate, the
Senator shall, in writing specifying the reasons for the
withdrawal, notify the Speaker of the withdrawal and
paragraph (3) shall apply to such Bill.
160. Re-introduction of Bills

(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 130 (Introduction of Bills).
(2) The consideration of a Bill which was
interrupted at the end of a Session shall resume in the
next Session of the same Parliament where it was last
interrupted.
(3) A Bill, consideration of which has not been
concluded at the end of the term of a Parliament shall
lapse.

THE STANDING ORDERS OF THE SENATE 117

161. Referral of Senate Bills to the National
Assembly
(1) When the Senate has passed a Bill, a certified
copy of the Bill signed by the Clerk and endorsed by the
Speaker, shall be forwarded to the Clerk of the National
Assembly, together with a message referring the Bill to
the National Assembly.
(2) The Speaker may, before the certification of a
Bill, correct formal or typographical errors contained in
the Bill without affecting its substance.
162. Co-sponsorship of Senate Bills in the National
Assembly
(1) A Senator who intends to nominate a Member
or Members of the National Assembly to co-sponsor
a Bill passed by the Senate, shall upon passage of the
Bill, notify the Speaker in writing of the name or names
of the proposed co-sponsors.
(2) The National Assembly shall be notified of the
proposed co-sponsorship through the message referring
the Bill to the National Assembly under Standing Order
161(1) (Referral of Senate Bills to the National
Assembly).
163. Consideration of Bills originating from the
National Assembly
(1) The Senate shall proceed with a Bill that

118 THE STANDING ORDERS OF THE SENATE

originates in the National Assembly in the same manner
as a Bill introduced in the Senate by way of First
Reading in accordance with Standing Order 144 (First
Reading).
(2) Before a Bill originating from the National
Assembly is Read a First Time in the Senate, the Speaker
shall notify the Senate whenever a message is received
from the Speaker of the National Assembly naming a
Senator or Senators who have been nominated by the
Sponsor of the Bill to co-sponsor the Bill in the Senate.
164. Procedure on National Assembly Bills after
Third Reading in the Senate
When a Bill which originated in the National
Assembly has been read a Third Time in the Senate, the
Clerk shall either–
(a) return the Bill with a message to the National
Assembly “That the Senate has agreed to
the .................. Bill without amendment”;
(b) return the Bill with a message to the
National Assembly “That the Senate has
rejected the Bill and the Bill has been
referred to a Mediation Committee”; or
(c) cause the text of any amendment or
amendments that may have been made to
the Bill in the Senate to be forwarded to the
National Assembly with a message desiring
THE STANDING ORDERS OF THE SENATE 119
 the concurrence of the National Assembly
to the amendment or amendments made by
the Senate.
165. Consideration of National Assembly
amendments to Bills originating in the Senate
(1) Amendments by National Assembly to a Bill
originating in the Senate shall be circulated to Senators
within seven days of receipt of the amendments from
the National Assembly and shall be put down for
consideration in a Committee of the Whole on such day
as the Senate Business Committee shall appoint.
(2) Upon a Motion being made “That the
amendments by the National Assembly to the … Bill
be now considered”, no amendment may be moved
to the question other than an amendment to leave out
the words “now” and to add at end of the question
“upon this day…(state period)”, and, in the event of
such amendment being carried, the Clerk shall send a
message to the National Assembly “That the Senate
has deferred consideration of the amendments by the
National Assembly to the …Bill..… (state period)”.
(3) Where the Senate has resolved that the
amendments by the National Assembly to a Bill be
considered and, on the appointed date, the Senate shall
dissolve into Committee of the Whole where each
amendment shall be called out by the Clerk and may be
agreed to or rejected in accordance with Article 112 (2)

120 THE STANDING ORDERS OF THE SENATE

of the Constitution.
(4) When the Senate has concluded the
consideration of the amendments by the National
Assembly to a Bill originating in the Senate and the
Senate—
(a) passes the Bill as amended, the Speaker
shall refer the Bill to the President within
seven days for assent; or
(b) rejects the Bill as amended, the Speaker
shall refer the Bill to a Mediation Committee
under Article 113 of the Constitution.
166. Mediation Committee
(1) A Bill shall be referred to the Mediation
Committee whenever the Senate—
(a) does not agree to all or any of the
amendments made by the National
Assembly to a Bill concerning county
governments which originated in the
Senate; or
(b) rejects a Motion that a Bill which originated
in the National Assembly be read a Second
or Third Time;
(2) The Speakers of both Houses shall appoint a
Mediation Committee consisting of equal numbers of
members of each House to attempt to develop a version

THE STANDING ORDERS OF THE SENATE 121

of the Bill that both Houses will pass.
(3) The quorum of Senators who shall be present
to take part in a sitting of a Mediation Committeeshall
be a third of the Senators of the committee andno
sitting of the Committee shall be validly constituted
unless there is also present a like quorum of Members
of the National Assembly.
(4) The Chairperson and Vice-Chairperson of the
Mediation Committee shall be appointed by the
majority of the members present at the first meeting of
the Committee.
(5) The Chairperson and the Vice-Chairperson of
the Mediation Committee shall not be members of the
same House.
(6) If the Mediation Committee fails to agree on a
version of the Bill within thirty days of the appointment
of the Committee by the Speakers of the Houses under
paragraph (2), or if a version proposed by the Committee
is rejected by either House, the Bill is defeated.
167. Consideration of report of Mediation
Committee
(1) The report of a Mediation Committee on a Bill
prepared in terms of Article 113 of the Constitution shall
be laid on the Table of the Senate by a Senator who is a
member of the Mediation Committee authorized by the
Committee in that behalf.
122 THE STANDING ORDERS OF THE SENATE
 (2) Where the report of the Mediation Committee
is to the effect that the committee has failed to agree on
a version of the Bill or where the Mediation Committee
fails to agree on a version of the Bill within thirty
days from the date the Bill was referred to it, the Bill
shall stand defeated in terms of Article 113(4) of the
Constitution.
(3) Where the report of the Mediation Committee
includes an agreed version of the Bill in terms of Article
113(2) of the Constitution, the Senate shall consider
the report of the mediation committee upon a Motion
“That the report of the Mediation Committee on the
(title of the Bill) be approved” and the Senate shall
vote to approve or reject the Motion.
(4) If the Motion under paragraph (3) is—
(a) negatived, the Clerk shall send a message
to the National Assembly signifying such
disagreement, and the Bill shall be deemed
to be defeated; or
(b) agreed to, the Clerk shall send a message to
the National Assembly signifying such
agreement, and on receipt by the Clerkof
a similar message from the National
Assembly, the Bill shall be deemed to have
been passed by both Houses in the form
agreed to by the Mediation Committee and
the Clerk of the Senate shall forthwith

THE STANDING ORDERS OF THE SENATE 123

 send a message to the Clerk of the National
Assembly conveying the decision of the
Senate.
168. Custody of Bills
(1) Save for a Bill that has been subjected to a
Mediation Committee, every Bill which originated in
the Senate and has been passed by both Houses shall be
certified by the Clerk and shall remain in the custody of
the Clerk.
(2) Every Bill that originates in the Senate that
requires the concurrence of the National Assembly and
which has been passed by both Houses shall remain
in the custody of the Clerk of the Senate and shall be
certified by the Clerk of the Senate and the Clerk of the
National Assembly.
(3) At any time before the certification of the Bill,
the Speaker may correct formal errors or oversights
therein without changing the substance of the Bill and
thereafter submit the Bill to the President for assent.
(4) This Standing Order shall apply to a special
Bill considered under Article 111(3) of the Constitution
and a Bill approved in terms of Article 113(3) of the
Constitution.
169. Presentation of Bills for assent
(1) When a Bill originating in the Senate is passed
by the National Assembly, without amendments, the
124 THE STANDING ORDERS OF THE SENATE
Speaker shall certify and refer the Bill to the President
for assent within seven days of its passage by the
National Assembly.
(2) The Speaker shall certify and refer a Bill under
Standing Order 165(4)(a) (Consideration of National
Assembly amendments to Bills originating in the
Senate) to the President for assent within seven days of
its passage by the Senate.
170. Referral of Bills by the President
(1) Whenever the Senate receives the President’s
reservations on a Bill pursuant to Article 115 of the
Constitution, the Speaker shall, within seven days of the
receipt refer the President’s reservations to the relevant
Committee of the Senate for consideration.
(2) Within fourteen days of referral under
paragraph (1), the report of the Committee shall be laid
on the Table of the Senate by the Chairperson or Vice-
Chairperson of the Committee.
(3) The Report of the Committee shall include a
recommendation urging the Senate to either-
(a) fully accommodate the President’s
reservations;
(b) pass the Bill a second time without
amendment; or

THE STANDING ORDERS OF THE SENATE 125

 (c) pass amendments that do not fully
accommodate the President’s reservations.
(4) Where the Committee recommends to the
Senate—
(a) to fully accommodate the President’s
reservations, the Senate shall vote to
approve the President’s reservations and
the question shall be—
(i) carried if it is supported by a majority of all
the delegations; or

(ii) negatived if at least two thirds of all the

delegations do not support the Motion.
(b) that the Bill be passed a second time
without amendment, the Senate shall vote
on a Motion to reject the President’s
reservations and the question shall be
carried and the Bill deemed to be passed a
second time, if the Motion is supported by
at least two thirds of all the delegations; or
(c) to pass amendments that do not fully
accommodate the President’s reservations,
the Senate shall vote to reject the President’s
reservations and the Motion shall be carried
and the Bill passed with amendments that
do not fully accommodate the President’s
126 THE STANDING ORDERS OF THE SENATE
 reservations, if the Motion is supported by
at least two thirds of all the delegations.
(5) Notwithstanding this standing order, whenever
a question to approve or reject the President’s
reservations fails to obtain the required majority and the
vote results in a majority of the “Ayes” but the “Noes”
have not numbered at least one third of all the Senators,
the Speaker may direct that a further vote be taken on
the particular question and the further vote shall be
taken within five sitting days from the day the first vote
was taken.
(6) If the Speaker does not direct a further vote
under paragraph (5) or if on such further vote the fixed
majority is not obtained, the Speaker shall declare that
the Motion is negatived.

PART XXII—PRIVATE BILLS

171. Application of Public Bill procedure
Except as otherwise provided in this Part, the
Standing Orders relating to Public Bills shall apply in
respect of Private Bills.
172. Saving clause
Every private Bill shall contain a clause saving the
rights of the President, the national and county
governments, all bodies politic or corporate, and all

THE STANDING ORDERS OF THE SENATE 127

others, except such as are mentioned in the Bill and
those claiming by, from or under them.

173. Private Bill affecting private rights

(1) No private Bill which directly affects the
private rights or property of any persons, shall originate
in the Senate 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 174 (Petition for Leave).
174. Petition for Leave
(1) No private Bill shall be introduced unless a
Petition for the Bill, 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
Senate with a copy of the Bill annexed.
(2) The Clerk shall scrutinize a petition presented
to the Senate 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.
(3) The promoters of a private Bill shall deposit
with the Clerk a sufficient number of copies of the

128 THE STANDING ORDERS OF THE SENATE

Petition with the Bill annexed, for distribution to
Senators and on receipt of such copies, the Clerk shall
forthwith avail a copy to every Senator.
(4) The Petition shall be read at the first sitting
of the Senate 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.
(5) The Speaker may allow comments, observations
or clarifications in relation to the petition read under
paragraph (4) for no more than thirty minutes.
175. Security for cost of printing
(1) Where leave to proceed is granted, 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.
176. Bills authorizing construction works
(1) In the case of a Private Bill authorizing
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
THE STANDING ORDERS OF THE SENATE 129
 (b) deposit with the Clerk a sum not less than
four percent of the amount of the estimate
under paragraph (1).
(2) In every Bill under paragraph (1), 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.
177. First Reading
When the provisions of this Part have been
complied with, the Clerk shall cause the Bill to be
printed, distributed to Senators and published in the
Gazette and at the first sitting of the Senate held not less
than fourteen days after such publication, the Bill shall
be read a First Time.
178. Right of audience before Committee on
opposed Bill
(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
130 THE STANDING ORDERS OF THE SENATE
of the Bill and against any petitions against the Bill.
179. How Bills may be opposed
No person, other than a Senator, 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
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.
180. Printing expenses
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 the Bill
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 XXIII—COMMITTEE OF THE WHOLE
181. Limits on consideration of matters by
Committee of the Whole
A Committee of the Whole 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.

THE STANDING ORDERS OF THE SENATE 131

182. Committee of the Whole may not adjourn
A Committee of the Whole 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 Senate and ask leave to sit again.
183. Report
When all the matters referred to a Committee of
the Whole have been considered, the Chairperson shall
be directed by Motion to report to the Senate.
184. No debate on Motion for Report
(1) When a Motion is made in Committee of the
Whole 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 Senate or re-committed to
the Committee of the Whole, or postponed for further
consideration.

132 THE STANDING ORDERS OF THE SENATE

 185. General application of rules in Committee of
the Whole
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 of
the Whole as in the Senate.
PART XXIV — PROCEDURE ON FINANCIAL
MATTERS
186. Presentation of the Budget Policy Statement
(1) Every year not later than fifteenth February, the
Cabinet Secretary responsible for Finance shall submit
to the Senate a Budget Policy Statement which shall be
deemed to have been laid.
(2) The Budget Policy Statement shall include-
(a) an assessment of the current state of the
economy and the financial outlook over the
medium term, including macro-economic
forecasts;
(b) the financial outlook with respect to
Government revenues, expenditures and
borrowing for the next financial year and
over the medium term;
(c) the proposed expenditure limits for the
national government, including those of

THE STANDING ORDERS OF THE SENATE 133

 Parliament and the Judiciary and indicative
transfers to county governments;
(d) the fiscal responsibility principles and
financial objectives over the medium-term
including limits on total annual debt; and
(e) the proposed division of revenue, raised
nationally, between the National
Government and county governments
including proposed conditional grants, if
any.
(3) The Budget Policy Statement shall detail the
criteria used to allocate or apportion the available public
resources among the two levels of Government and
various programmes and projects.
(4) Upon being laid before the Senate, the Budget
Policy Statement shall be committed to each Standing
Committee to consider and submit its recommendations
to the Standing Committee on Finance and Budget
within seven days.
(5) The Standing Committee on Finance and
Budget shall, within twelve days following the tabling
of the Budget Policy Statement, consider the Budget
Policy Statement and the recommendations received
under paragraph (4) and table a Report for consideration,
in accordance with section 25(7) of the Public Finance
Management Act.

134 THE STANDING ORDERS OF THE SENATE

 (6) In considering the Budget Policy Statement,
the Standing Committee on Finance and Budget shall
consult the Cabinet Secretary responsible for Finance,
the Commission for Revenue Allocation, the Council of
County Governors and the body for the time being
representing county assemblies, among other
stakeholders.
(7) The Report of the Standing Committee on
Finance and Budget shall contain policy and financial
recommendations on matters and functions related to
counties and a proposal on the division of revenue
between the national and county levels of government.
(8) The approval by the Senate of the Motion on
the report of the Standing Committee on Finance and
Budget on the Budget Policy Statement shall constitute
the Senate Resolution which shall forthwith be
communicated to the Cabinet Secretary responsible for
Finance, in any event, not later than fourteen days after
the Budget Policy Statement is submitted to the Senate.
(9) The Cabinet Secretary shall take into account
the Resolution passed by the Senate in finalising the
budget for the relevant financial year.
187. Consideration of the annual Division of
Revenue Bill
(1) At least two months before the end of each
financial year, there shall be introduced in Parliament, a

THE STANDING ORDERS OF THE SENATE 135

Division of Revenue Bill.
(2) A Division of Revenue Bill shall divide revenue
raised by the National Government among the National
and County levels of Government in accordance with
the Constitution and shall be accompanied by a
memorandum setting out—
(a) an explanation of revenue allocation as
proposed by the Bill;
(b) an evaluation of the Bill in relation to the
criteria mentioned in Article 203 (1) of the
Constitution; and
(c) a summary of any significant deviation from
the Commission on Revenue Allocation’s
recommendations with an explanation for
each such deviation.
(3) The Senate shall proceed upon and conclude
its consideration of a Division of Revenue Bill not later
than fourteen days after the Bill has been introduced with
a view to approving it, with or without amendments.
(4) The Division of Revenue Bill, having been
passed by the Senate shall stand referred to the National
Assembly in accordance with Standing Order 161
(Referral of Senate Bills to the National Assembly).

136 THE STANDING ORDERS OF THE SENATE

188. Consideration of the County Allocation of
Revenue Bill
(1) Not later than seven days following the
enactment of the annual Division of Revenue Bill, the
Chairperson of the Standing Committee on Finance and
Budget shall introduce a County Allocation of Revenue
Bill, which shall divide among the counties the revenue
allocated to the county level of Government on the basis
determined in accordance with the resolution in force
under Article 217 of the Constitution.
(2) The County Allocation of Revenue Bill shall
be accompanied by a memorandum setting out—
(a) an explanation of revenue allocations
proposed by the Bill;

(b) an evaluation of the Bill in relation to the

criteria mentioned in Article 203 (1) of the
Constitution; and
(c) a summary of any significant deviation from
the Commission on Revenue Allocation’s
recommendations with an explanation for
each such deviation.
(3) The County Allocation of Revenue Bill, having
been passed by the Senate shall stand referred to the
National Assembly in accordance with Standing Order
161 (Referral of Senate Bills to the National Assembly).

THE STANDING ORDERS OF THE SENATE 137

189. Consideration of the Cash Disbursement
Schedule for county governments
(1) Not later than fifteen days following the
enactment of the County Allocation of Revenue Bill,
the Cabinet Secretary responsible for Finance shall
submit to the Senate the Cash Disbursement Schedule
for county governments, which shall be deemed to have
been laid before the Senate.
(2) Upon being laid before the Senate, the Cash
Disbursement Schedule shall be committed to the
Standing Committee on Finance and Budget to deliberate
upon and table a report containing its recommendations
on the Cash Disbursement Schedule, within seven days.
(3) The approval by the Senate of the Motion
on the report of the Standing Committee on Finance and
Budget on the Cash Disbursement Schedule shall
constitute the Senate Resolution which shall forthwith
be communicated to the Cabinet Secretary responsible
for Finance, in any event, not later than fourteen days
after the Cash Disbursement Schedule is submitted to
the Senate.
PART XXV — SELECT COMMITTEES
190. Senate Business Committee
(1) There shall be a Select Committee, to be
designated the Senate Business Committee, consisting
of-

138 THE STANDING ORDERS OF THE SENATE

 (a) the Speaker as the Chairperson;
(b) the Senate Majority Leader;
(c) the Senate Minority Leader;
(d) the Senate Majority Whip;
(e) the Senate Minority Whip; and
(f) seven other Senators, reflecting the relative
majorities of the seats held by each of the
Parliamentary Parties in the Senate, who
shall be nominated by the Parliamentary
Parties and approved by the Senate at the
commencement of every Session.
(2) In the absence of the Speaker, the Deputy
Speaker shall chair the meetings of the Committee and,
in the absence of the Deputy Speaker; a member of the
Speaker’s Panel shall chair the meetings.
(3) The Senate Business Committee shall be
appointed within seven days of the assembly of a new
Senate.

(4) The Senate Business Committee–

(a) shall prepare and, if necessary, from time
to time, adjust the Senate Calendar with the
approval of the Senate;
(b) shall monitor and oversee the
implementation of Senate business and

THE STANDING ORDERS OF THE SENATE 139

 programmes, including the legislative
programmes;
(c) shall implement the Standing Orders
respecting the scheduling or programming
of the business of the Senate;
(d) may take decisions and issue directivesand
guidelines to prioritise or postpone any
business of the Senate in consultation with
the Speaker;
(e) shall consider such matters as may from
time to time arise in connection with the
business of the Senate 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 Senate.
(5) The Chairperson and four other members of
the Committee shall form a quorum.
(6) If, for any reason, a member of the Committee
is unable to attend, the whip of the nominating party
may appoint another Senator in that Senator’s place for
the period for which the Senator is unable to attend.
(7) Unless the Senate Business Committee
otherwise resolves, meetings of the Committee shall be
held in camera.
191. Procedure and Rules Committee
(1) There shall be a select committee to be known
as the Procedure and Rules Committee.

140 THE STANDING ORDERS OF THE SENATE

 (2) The Committee shall comprise-
(a) the Speaker as Chairperson;
(b) the Deputy Speaker astheVice-Chairperson;
(c) members of the Speaker’s Panel; and
(d) three other Senators reflecting the relative
majorities of the seats held by the
Parliamentary Parties in the Senate, who
shall be nominated by the Parliamentary
Parties and approved by the Senate at the
commencement of the term of Parliament.
(3) The Procedure and Rules Committee shall
consider and report on all matters relating to these
Standing Orders.
(4) The Procedure and Rules Committee may
propose amendments to these Standing Orders and any
such amendments shall, upon approval by the Senate,
take effect at the time appointed by the Senate.
(5) The Procedure and Rules Committee may
propose rules for the orderly and effective conductof
committee business and any such rules shall, upon
approval by the Senate, continue in force until amended
or repealed by the Senate.
(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.

THE STANDING ORDERS OF THE SENATE 141

 (7) The Chairperson and two other members of the
Committee shall form a quorum.
(8) Unless the Procedure and Rules Committee
otherwise resolves, meetings of the Committee shall be
held in camera.
192. Liaison Committee
(1) There shall be a select committee to be
designated the Liaison Committee which shall consist of
the Deputy Speaker as chairperson and the chairpersons
of all select committees of the Senate.
(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 programmes of all Committees,
including their need to travel and sit away
from the precincts of the Senate;
(d) deliberate on and determine the reports of
the Committees to be debated in the Senate;
(e) ensure that Committees submit reports as
required by these Standing Orders;
(f) determine, whenever necessary, the

142 THE STANDING ORDERS OF THE SENATE

 committees that should deliberate on a
matter; and
(g) give such advice relating to the work and
mandate of select committees as it may
consider necessary.
(3) The quorum of the Liaison Committee shall be
the Chairperson and a third of the members of the
Committee.
193. County Public Accounts Committee
(1) There shall be a Select Committee to be known
as the County Public Accounts Committee.
(2) The functions of the Committee shall be –
(a) pursuant to Article 96(3) of the Constitution,
to exercise oversight over national revenue
allocated to the county governments;
(b) pursuant to Article 229(7) and (8), to
examine the reports of the Auditor-General
on the annual accounts of the county
governments;
(c) to examine special reports, if any, of the
Auditor-General on county government
funds; and
(d) to exercise oversight over county public
accounts.

THE STANDING ORDERS OF THE SENATE 143

 (3) In the membership of the County Public
Accounts Committee, the party or parties not forming
government shall have a majority of one.
(4) The County Public Accounts Committee
constituted immediately after a general election shall
serve for a period of three sessions and that constituted
thereafter shall serve for the remainder of that term of
Parliament.
194. County Public Investments and Special Funds
Committee
(1) There shall be a Select Committee to be
known as the County Public Investments and Special
Funds Committee.
(2) The functions of the County Public Investments
and Special Funds Committee shall be to–
(a) examine the reports and accounts of county
public investments; and
(b) examine the reports, if any, of the Auditor
General on the county public investments.
(3) The County Public Investments and Special
Funds Committee constituted immediately aftera
general election shall serve for a period of threesessions
and that constituted thereafter shall serve for the
remainder of that term of Parliament.

144 THE STANDING ORDERS OF THE SENATE

 (4) In the membership of the County Public
Investments and Special Funds Committee the party or
parties not forming government shall have a majority of
one.
195. Committee on Delegated Legislation
(1) There shall be a Select Committee to be known
as the Committee on Delegated Legislation.
(2) Whenever a statutory instrument is submitted
to the Senate pursuant to 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 Senate by the Chair of
the Senate Committee on Delegated Legislation and
thereafter stand referred to the Committee.
(3) The Committee shall consider in respect of any
statutory instrument whether the statutory instrument—
(a) is in accord 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 Parliament;

THE STANDING ORDERS OF THE SENATE 145

 (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 Consolidated
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 Parliament;
(k) makes rights, liberties or obligations
unduly dependent upon non-reviewable
decisions;

(l) makes rights, liberties or obligations

unduly dependent insufficiently defined
administrative powers;
146 THE STANDING ORDERS OF THE SENATE
 (m) inappropriately delegates legislative
powers;
(n) imposes a fine, imprisonment or other
penalty without express authorityhaving
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 parliamentary scrutiny;
and
(q) accords to any other reason that the
Committee considers fit to examine.
(4) If the Committee—
(a) resolves that the Statutory Instrument, be
acceded to, the Clerk shall convey that
resolution to the relevant state department
or the authority that published the statutory
instrument;
(b) does not accede to the Statutory Instrument,
the Committee may recommend to the
Senate that the Senate resolves that the
Statutory Instrument be annulled.
(5) If the Senate—
(a) fails to agree to the recommendation of
THE STANDING ORDERS OF THE SENATE 147
 the Committee under paragraph (4)(b), the
Statutory Instrument shall be deemed to
have been approved by Parliament;
(b) resolves to annul a Statutory Instrument,
the resolution shall, within seven days of
the passage of the resolution, be referred to
the National Assembly for concurrence.
(6) The Committee on Delegated Legislation
constituted immediately after a general election shall
serve for a period of three sessions and that constituted
thereafter shall serve for the remainder of that term of
Parliament.
196. Concurrence with National Assembly’s
Resolution on Statutory Instrument
(1) Whenever the Senate receives a message from
the National Assembly seeking concurrence with a
resolution of the National Assembly on a statutory
instrument, the National Assembly’s resolutionshall
stand referred to the Committee on Delegated
Legislation which shall consider the resolution, together
with the statutory instrument and report to the Senate
within twenty-one days of the referral.
(2) Paragraph (3) of Standing Order 195
(Committee on Delegated Legislation) shall, with
necessary modifications, apply to the consideration of
the National Assembly’s resolution;

148 THE STANDING ORDERS OF THE SENATE

 (3) If the Senate—
(a) agrees with the resolution of the National
Assembly, the Clerk shall, by way of a
message, inform the Clerk of the Assembly
and the relevant state department or the
authority that published the statutory
instrument, that Parliament has annulledthe
Statutory Instrument or part of the statutory
instrument and the instrument or part of
the Statutory Instrument shall, henceforth,
be void, but without prejudice to the
validity of anything previously done there
under, or the making of any newdelegated
legislation; or
(b) fails to agree with the National Assembly’s
resolution, the resolution shall be referred to
a Joint Committee and Standing Order 230
(Joint Sittings of corresponding committees
of the Senate and the National Assembly)
shall, with necessary modifications, apply.
197. Nomination of members of Select Committees
(1) Unless otherwise provided by any written law
or these Standing Orders, the Senate Business
Committee shall, in consultation with Parliamentary
Parties, nominate Senators who shall serve on a Select
Committee.

THE STANDING ORDERS OF THE SENATE 149

 (2) The Senate Business Committee 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 Select Committee of the
Senate, including a Committee established through a
resolution of the Senate, shall be of the same gender.
(3) A vacancy occasioned by resignation or
removal of a Senator from a Select Committee shall be
filled within fourteen days of the vacancy.
(4) Where an adverse recommendation has been
made in respect of a Senator in a report of a Select
Committee that has been adopted by the Senate, the
Senator shall only be nominated to serve on that
Committee if the Committee of Privileges has
considered the matter and tabled its recommendations
in the Senate; and the Senate has considered the report
of the Committee of Privileges and has resolved in
favour of the Senator.
198. Criteria for nomination
(1) In nominating a Senator to serve in a Select
Committee, the Senate Business Committee shall
ensure that the membership of each Committee reflects
the relative majorities of the seats held by each of the
Parliamentary Parties in the Senate.
(2) Despite paragraph (1), a Senator belonging
to a party other than a Parliamentary Party or an

150 THE STANDING ORDERS OF THE SENATE

independent Senator may be nominated to serve in a
Select Committee and the allocation of membership
of Select Committees shall be as nearly as practicable
proportional to the number of the Senators belonging to
such parties and independent Senators.
(3) Except as the Senate may otherwise resolve, on
the recommendation of the Senate Business Committee
for reasons to be stated, no Senator shall be appointed to
serve in more than two Standing Committees.
199. Approval of nomination
(1) The Senate Business Committee shall, within
seven days of the nomination of Senators to serve in
Select Committees present the list of nominees to the
Senate for approval.
(2) Whenever a Motion for approval of a list under
paragraph (1) is moved in the Senate, no objection
against the proposed membership of a Senator in a Select
Committee shall be permitted and objections, if any,
shall be formulated against the proposed membership as
a whole.
(3) A Senator shall not be a member of a Select
Committee unless the Senate approves the nomination
of such a Senator.

THE STANDING ORDERS OF THE SENATE 151

200. Discharge of a Senator from a Select
Committee
(1) A Parliamentary Party that nominated a Senator
to a Select Committee may give notice, in writing, to the
Chairperson of the Senate Business Committee that the
Senator is to be discharged from a Select Committee.
(2) The Chairperson of the Senate Business
Committee shall, upon receipt of the notice under
paragraph (1), forthwith convey the notice to the
relevant Committee, and such notice shall take effect
upon receipt by the Chairperson or Vice-Chairperson if
the discharge relates to the Chairperson.
201. Composition of Select Committees
Subject to any written law, these Standing Orders
or a resolution of the Senate, a Select Committee shall
consist of an odd number of Senators, being not less
than seven and not more than nine.
202. Chairing of Select Committees and quorum
Subject to paragraph (4) of Standing Order 197
(Nomination of members of Select Committees), unless
otherwise provided under any written law, these
Standing Orders or by resolution of the Senate––
(a) a Select Committee shall, upon appointment,
elect its Chairperson and Vice Chairperson
from amongst its members;
(b) any three members of a Select Committee
shall constitute a quorum.

152 THE STANDING ORDERS OF THE SENATE

203. Conduct of election
(1) The Clerk shall appoint a place, date and time
for the first meeting of a Select Committee within seven
days of its constitution by the Senate, 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, date and time for the
meeting of the Committee to elect the Chairperson or
Vice-Chairperson.
204. Duties of Committee Chairperson
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 the office of the
Chairperson by the Committee, resolutions
of the Senate or legislation; and
(c) be the spokesperson of the Committee.

THE STANDING ORDERS OF THE SENATE 153

205. Notice of meetings
(1) A notice of a meeting of a Select Committee
shall be issued by the Clerk, in writing, 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 address of a Senator, the parliamentary website,
by delivery of the notice in the office of a Senator or
posting of the notice in the precincts of Parliament or
through such other means as the Clerk may determine
to be expedient in the circumstances.
206. Sittings of Select Committees
A sitting of a Select 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 five
members of that Committee but no meeting ofa
Committee may be held outside the precincts of
Parliament without the approval of the Speaker.
207. Sub-committees of Select committees
A Select Committee may establish such sub-
committees as it may consider necessary for the proper
discharge of its functions.

154 THE STANDING ORDERS OF THE SENATE

208. Senator adversely mentioned not to sit
A Senator who is adversely mentioned in a matter
under deliberation by a Select Committee shall notbe
present at any meeting at which the Committee is
deliberating on the matter but the Senator may appear
to adduce evidence as a witness before the Committee.
209. Adjournment for lack of quorum
Unless quorum is achieved within thirty minutes
of the appointed time, a meeting of a Committee of the
Senate shall stand adjourned to such time on the same
day or a later date as the Chairperson of the Committee
may appoint.
210. Frequency of meetings
(1) Unless the Senate otherwise resolves, every
Select Committee shall meet at least once in two months.
(2) Except for the Senate Business Committee, a
Select Committee shall not meet during a sitting of the
Senate without the written permission of the Speaker.
(3) Despite paragraph (2) a sitting of a Select
Committee of the Senate shall stand suspended when a
Division or Quorum Bell is rung.
(4) The proceedings of a meeting of a Select
Committee held contrary to this Standing Order shall be
void.

THE STANDING ORDERS OF THE SENATE 155

211. Failure to attend meetings
(1) If a Senator fails to attend four consecutive
sittings of a Committee of the Senate without the written
permission of the Chairperson of the Committee, or
the permission of the Speaker if the Senator 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 Senator or the
Chairperson as the case may be, be suspended from the
membership of the Committee and that the matter be
reported to the Senate Business Committee
(3) Upon receipt of a report under paragraph (2),
the Senate Business Committee shall consider the
matter and shall propose a replacement of the Senator
for approval by the Senate.
212. Absence of Chairperson
In the absence of the Chairperson and Vice-
Chairperson at any meeting, a member of the Select
Committee designated by the Chairperson shall take the
Chair and, in the absence of such designated member,
the members of the Committee present shall elect one
of them to take the Chair.
213. List of attendance
The names of Senators present at each sitting of

156 THE STANDING ORDERS OF THE SENATE

a Select Committee shall be entered in the minutes of
that sitting.
214. Minutes of Select Committees
The minutes of the proceedings of a Select
Committee shall be laid on the Table of the Senate
with the report of the Committee and may, subject to
Standing Order 242 (Custody of Journals and Records),
be published.
215. Powers and privileges of Committees
Committees shall enjoy and exercise all the
powers and privileges bestowed on Parliament 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.
216. Temporary absence of a member of a Select
Committee
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 Senator’s party may,
with permission of the Speaker, appoint another Senator
to act in that Senator’s place during the period of such
absence or inability.

THE STANDING ORDERS OF THE SENATE 157

217. Vote of no confidence in the Chairperson or
Vice-Chairperson
(1) A Committee may, by a resolution supported
by a majority of its members, resolve that it has no
confidence in the Chairperson or Vice-Chairperson and
a Senator designated by the Committee for that purpose
shall thereupon report the resolution to theSenate
Business Committee and the Senate Business
Committee shall, as soon as it is practicable, direct the
Clerk to conduct an election for the Chairperson or
Vice-Chairperson, as the case may be, in accordance
with Standing Order 203 (Conduct of election).
(2) The members of a Committee desiring to
make a resolution under paragraph (1) shall serve the
Chairperson or Vice-Chairperson with a written notice
of the intended vote of no confidence and may, if they
constitute a majority, request the Clerk to call for a
meeting at the expiry of three days after the giving of
such notice.
(3) A notice by members of a Committee under
paragraph (2) shall be deemed to have been given upon
delivery to the Chairperson 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.
(4) A notice by the Clerk calling for a meeting
under paragraph (2) shall be deemed to have been

158 THE STANDING ORDERS OF THE SENATE

given upon circulation of the notice in the offices of
Senators and posting on notice boards in the precincts
of Parliament or through such other means as the Clerk
may determine to be expedient in the circumstances.
218. Original vote
(1) The Chairperson of a Committee of the Senate
shall have an original vote but not a casting vote.
(2) Paragraph (1) shall not apply to the Chairperson
of the Senate Business Committee, Procedure and Rules
Committee, Committee of Powers and Privileges and
Liaison Committee who shall have neither an original
nor a casting vote.
219. Attendance by non-members of Select
Committee
A Senator may attend a meeting of any Select
Committee of the Senate of which he or she is not a
member, provided that such Senator –
(a) may speak only when invited to do so by
the Chairperson; and
(b) shall not vote on any matter before the
Committee.
220. Procedure in Select Committees
(1) Except as and to the extent to which the
Chairperson may otherwise direct for the purpose of

THE STANDING ORDERS OF THE SENATE 159

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 in Committee of the Whole.
(2) Any question arising in a Select Committee
shall be decided by a 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 or in such other form as may
be prescribed.
(4) Where a vote on a question is not unanimous,
the names of the Senators 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 Select Committee may sit, the adjournment of the
Senate notwithstanding.
221. Limitation of mandate
(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 maybe
directed by the Senate and, in the case of a Select
Committee on a Bill, to the Bill committed to it and
relevant amendments.
160 THE STANDING ORDERS OF THE SENATE
 (2) In the exercise of its functions, a Select
Committee of the Senate may not consider any matter
that is not contemplated within the mandate of the
Senate under the Constitution.
222. Public access to meetings of Select Committees
Committees
(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.
223. Reports of Select Committees
(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 or in such
other form as may be prescribed.
(2) The report of a Select Committee having been
adopted by a majority of the Senators shall be signed by
the Chairperson on behalf of the Committee.
(3) If the Chairperson or Vice-Chairperson is
absent or is not readily available, the Select Committee
shall nominate another member of the Committee to
sign the report.

THE STANDING ORDERS OF THE SENATE 161

 (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 Senators, a Minority or Dissenting Report may be
appended to the report by any member or members 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 such note or record
of any evidence by the Committee as the Committee
may consider appropriate, shall be laid on the Table of
the Senate by the Chairperson, the Vice-Chairperson
or by a member of the Select Committee 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 Senate, the Clerk shall
publish the report in the parliamentary website and
circulate copies to all Senators.
224. Sessional Reports
(1) Each Select Committee shall, at the end of
every session or such other time as may be prescribed
under these Standing Orders or any other written law,
submit to the Liaison Committee a report of its activities
and operations during the session.

162 THE STANDING ORDERS OF THE SENATE

 (2) The Liaison Committee shall, within twenty
one days, compile the reports under paragraph (1) and
submit a report to the Senate.
225. Reports on Senate Resolutions
1) The Clerk shall, within seven days of a resolution
of the Senate or adoption of a report of a Select
Committee, convey the resolution and where applicable,
a copy of the report, to the relevant Cabinet Secretary,
independent Commission or holder of an independent
office under whose portfolio the implementation of the
resolution falls.
(2) Within sixty days of a resolution being
conveyed to the relevant Cabinet Secretary, independent
Commission or holder of an independent office under
paragraph (1), such persons shall provide a report to the
relevant Committee of the Senate, in accordance with
Articles 153(4)(b) and 254(2) of the Constitution.
226. Joint sittings of Committees of the Senate
(1) Two Committees of the Senate considering
similar matters may, with the approval of the Speaker,
hold joint sittings.
2) The quorum of a joint sitting of two Committees
shall be the number obtained by adding the respective
quorums of each Committee including the Chairpersons.
(3) The report of a joint sitting of two Committees

THE STANDING ORDERS OF THE SENATE 163

shall not be adopted unless supported by a resolution of
a majority of the total membership of the Committees.
227. Engagement of experts
A Committee may, with the approval of the
Speaker, engage such experts as it may consider
necessary in furtherance of its mandate.
228. Appointment and Functions of Standing
Committees
(1) There shall be Select Committees to be
designated Standing Committees which shall be
nominated by the Senate Business Committeein
consultation with parliamentary parties at the
commencement of every Parliament.
(2) A Senator appointed to a Standing Committee
at the commencement of a Parliament or at any other
time during the term of a Parliament shall, unless the
Senator is discharged in accordance with standing order
200 (Discharge of a Senator from a Select Committee)
or the Senate otherwise resolves, serve for the term of
that Parliament.
(3) The Standing Committees shall be as set out in
the Fourth Schedule and shall deal with the subject
matters respectively assigned to them.
(4) The functions of a Standing Committee shall
be to—

164 THE STANDING ORDERS OF THE SENATE

(a) investigate, inquire into, and reporton all
matters relating to the mandate,
management, activities, administration and
operations of the assigned Ministries and
departments;
(b) study the programme and policy objectives
of Ministries and departments and the
effectiveness of the implementation;
(c) study and review all legislation referred to
it;
(d) study, assess and analyze the relative
success of the Ministries and departments
as measured by the results obtained as
compared with their stated objectives;
(e) consider the Budget Policy Statement in
line with Committee’s mandate;
(f) report on all appointments where the
Constitution or any law requires the Senate
to approve;
(g) make reports and recommendations to the
Senate as often as possible, including
recommendation of proposed legislation;
(h) consider reports of Commissions and
Independent Offices submitted to the
Senate pursuant to the provisions of Article
254 of the Constitution;
THE STANDING ORDERS OF THE SENATE 165
 (i) examine any statements raised by Senators
on a matter within its mandate;
(j) follow up and report on the status of
implementation of resolution within its
mandate; and
(k) follow up and report on the status of
commitments made by Cabinet Secretaries
in their response to questions under
Standing Order 51C.
PART XXVI — JOINT COMMITTEES OF
PARLIAMENT
229. Joint Committees of Parliament
(1) There shall be such Joint Committees as shall
be established by a Resolution of the Houses of
Parliament or by any law.
(2) The First Schedule shall apply to Joint
Committees.
230. Joint Sittings of corresponding committees of
the Senate and the National Assembly
A Select Committee of the Senate may hold a joint
sitting with the corresponding Select Committee of the
National Assembly to deliberate on matters of mutual
interest and concern, and the provisions of the First
Schedule shall, with necessary modifications, apply to
such a sitting.
166 THE STANDING ORDERS OF THE SENATE
 PART XXVII—PUBLIC PETITIONS
231. Meaning of Petition
For purposes of this Part, a petition means a
written prayer to the Senate under Article 37 or 119 of
the Constitution by a member of the public requesting
the Senate to consider any matter within its authority as
contemplated in Articles 94 and 96 of the Constitution,
including enacting, amending or repealing any
legislation.
232. Submission of a Petition
(1) A petition to the Senate shall be—
(a) submitted to the Clerk by the petitioner and
reported to the Senate by the Speaker; or
(b) presented by a Senator on behalf of a
petitioner, with the consent of the Speaker.
(2) Notwithstanding paragraph (1)(b), a Senator
shall not be eligible to present a petition on his or her
own behalf.
(3) The Clerk shall, within seven days of the date
of receipt of a petition, review the petition to ascertain
whether the petition meets the requirements of these
Standing Orders and of the law.
(4) Where the Clerk considers that a petition does
not comply with paragraph (3), the Clerk may give such

THE STANDING ORDERS OF THE SENATE 167

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 Senate.

(6) Where a petition is addressed to Parliament in

respect of a matter which is within the mandate of the
National Assembly, and the Senate has no authority to
deal with the matter, the Clerk shall refer the petition to
the Clerk of the National Assembly.
233. Petition on Private Bill
A Petition on a private Bill shall be dealt with
in accordance with Part XXII (Private Bills) of these
Standing Orders.
234. Notice of intention to present Petition
A Senator 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.
235. Form of Petition
A Petition shall be in the form set out in the Fifth
Schedule and shall —
(a) be handwritten, printed or typed;
168 THE STANDING ORDERS OF THE SENATE
(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 Senate;
(e) have its subject-matter indicated on every
sheet if it consists of more than one sheet;
(f) contain information on 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) contain information on whether the issuesin
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

THE STANDING ORDERS OF THE SENATE 169

 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 include any letters, affidavits or other
documents annexed to it;
(l) in the case of a petition presented bya
Senator on behalf of a petitioner, be
countersigned by the Senator 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.
236. Presentation of Petitions
(1) A schedule of Petitions to be presented or
reported to the Senate 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–

170 THE STANDING ORDERS OF THE SENATE

 (a) in the case of a petition presented by a
Senator, direct the Senator to present the
petition to the Senate or;
(b) in the case of a petition presented through
the Clerk, report the petition to the Senate.
(3) The Senator 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 Senator having presented a Petition shall,
without question put, lay the petition on the Table of the
Senate.
(5) A Senator presenting a Petition shall not speak
for more than ten minutes, unless with the permission
of the Speaker.
237. Deleted
238. Committal of Petitions
(1) Every Petition presented or reported pursuant
to this Part, shall stand committed to the relevant
Standing Committee.

THE STANDING ORDERS OF THE SENATE 171

 (2) Whenever a Petition is committed to a Standing
Committee, the Committee shall, in not more than sixty
calendar days from the time of reading the prayer, table
its report to the Senate for consideration.
(3) The Senate shall consider a report under
paragraph (2), within fourteen sitting days of its tabling.
239. Copies of responses
The Clerk shall within fifteen days of the resolution
of the Senate, under Standing order 238, in writing, notify
the petitioner of the decision of the Senate.
240. Register of Petitions
(1) The Clerk shall keep and maintain a register
in which shall be recorded all Petitions and supporting
documents, and the decisions of the Senate.
(2) The register of Petitions under subsection (1)
shall be accessible to the public during working hours.
PART XXVIII—JOURNALS, RECORDS AND
BROADCAST OF PROCEEDINGS
241. Journals of the Senate
All votes and proceedings of the Senate shall be

172 THE STANDING ORDERS OF THE SENATE

noted by the Clerk and shall constitute the Journals of
the Senate.
242. Custody of Journals and Records
(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 Senate, 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 Senate 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).
243. Hansard Reports
(1) There shall be published within forty eight
hours, a verbatim report of all proceedings of the Senate,
unless the Speaker is satisfied that this is rendered
impossible by some emergency.
(2) Every Senator shall have an equal opportunity
to correct the draft verbatim report of his or her
contribution, but not so as to alter the substance of what
the Senator actually said.

THE STANDING ORDERS OF THE SENATE 173

 (3) Where there is doubt as to the content of the
verbatim record of the Senate, the Speaker shall make
a determination.
244. Secret or personal matters
The Speaker may direct that any matter which, in
the Speaker’s opinion, is secret or purely personal be
excluded from the Journals of the Senate and from the
verbatim report of the proceedings of the Senate, 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 Senators.
245. Broadcast of Senate Proceedings
(1) The proceedings of the Senate may be
broadcast.
(2) The broadcasting of the proceedings of the
Senate shall comply with the Rules set out in the Sixth
Schedule of these Standing Orders.
PART XXIX — PROCEDURE ON REPORTS
OF THE EAST AFRICAN LEGISLATIVE
ASSEMBLY AND THE PAN-AFRICAN
PARLIAMENT
246. Procedure for presentation of reports
(1) The Committee on National Cohesion, Equal
Opportunity and Regional Integration may receive a

174 THE STANDING ORDERS OF THE SENATE

report or consult with a committee or a member of the
East African Legislative Assembly or the Pan-African
Parliament on any matter relating to the work of the East
African Legislative Assembly or the Pan- African
Parliament.
(2) The Clerk shall, upon receipt of copies of
records of the relevant debates of the meetings of the
East African Legislative Assembly, copies of the Bills
introduced into the East African Legislative Assembly,
Acts of the East African Community or reports from the
Pan-African Parliament, cause the reports to be tabled
upon which they shall be committed to the Committee.
(3) The Committee shall consider a report under
paragraph (1) or the records of debates, Bills or Acts of
the Community, and submit its report to the Senate with
its recommendations, if any, within twenty-one days.
(4) The Senate shall, within twenty-one days
consider the report of the Committee under paragraph
(2) and the Clerk shall, within seven days, forward to
the Clerk of the East African Legislative Assembly the
resolution of the Senate on the report together with
copies of the records of the debate.

THE STANDING ORDERS OF THE SENATE 175

 PART XXX — PUBLIC ACCESS TO THE
SENATE AND ITS COMMITTEES
247. General provisions on access to the Senate
(1) Except as may be expressly provided to the
contrary, every person has access to the Senate and its
Committees.

(2) The Senate or a Committee may not exclude

any person or any media from a sitting of the Senate
or 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 Senate and its
Committees.
248. Restriction of access to the Chamber
(1) No person other than a Senator shall be
admitted into any part of the Chamber appropriated to
the exclusive use of Senators while the Senate or the
Committee of the Whole is sitting.
(2) The prohibition under paragraph (1) shall not
apply to –
(a) persons admitted to the Senate pursuant to
Standing Orders 28 (President’s Address to
the Senate), 29 (Visiting Dignitary),

176 THE STANDING ORDERS OF THE SENATE

 51B (Response to Questions by Cabinet
Secretaries), 78 (Procedure for removal of
President by impeachment), 79 (Procedure
for removal of Deputy President by
impeachment) and 80 (Procedure for
removal of a Governor); and
(b) the Clerk or other officers of Parliament
when discharging their duties in the service
of the Senate.
249. Exclusion from the Senate or Committees
(1) A Senator may, at any time, rise to claim that
the public or any particular person be, for reasons
stated, excluded from the Senate or from a Committee
and, if the Speaker or Chairperson, as the case may be,
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 Senate or the Committee.
(2) Whenever the Speaker has determined that any
person be excluded from a sitting of the Senate or of a
Committee, the Speaker shall inform the Senate or the
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 Serjeant-at-Arms shall ensure that an order
for the withdrawal of the public or a person is complied
with.
THE STANDING ORDERS OF THE SENATE 177
250. Press representatives infringing Standing
Orders or the Speaker’s Rules
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 Senate or to committees or persistently
misreports the proceedings of the Senate, or neglects
or refuses on request from the Speaker to correct any
wrong report in respect of the proceedings of the Senate
to the satisfaction of the Speaker, may be excluded from
representation in the Press Gallery for such period as
the Speaker shall direct.
PART XXXI — GENERAL
251. Exemption of business from Standing Orders
(1) Subject to paragraphs (2) and (3), a Motion
may, with the approval of the Speaker, be moved by any
Senator, either with or without notice that the
proceedings on any specified business be exempted
from the provisions of Part VIII (Calendar, Sittings and
Adjournments of the Senate), Part X (Order of
Business), Part XIX (Limitation of Debate), Part XXI
(Public Bills), Part XXII (Private Bills), Part XXIII
(Committee of the Whole), Part XXIV (Procedure on
Financial Matters), Part XXV (Select Committees),Part
XXVII (Public Petitions) and Part XXX (Public Access
to the Senate and its Committees) of these Standing
Orders.

178 THE STANDING ORDERS OF THE SENATE

 (2) No Motion for the exemption of business from
the Standing Orders shall be made to exempt any
business from Part XIV (Special Motions), Part XVI
(Procedure for Removal from State Office), Standing
Order 139 (Publication), Standing Order 142 (Not more
than one stage of a Bill to be taken at the same sitting).
(3) Not more than one Motion for the exemption of
business from the Standing Orders may be moved at any
one sitting, except with the leave of the Senate.
(4) A Motion under this Standing Order shall statethe
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; or
(b) may not be amended without the consent of
the Mover.
252. Attendance before the National Assembly
(1) A request by the National Assembly that a
Senator, the Clerk, or an officer of the Senate attends
before the National Assembly to be examined or appears
before any committee of the National Assembly shall be
by message from the National Assembly requesting that
the Senate grant leave to such Senator, Clerk or other
officer to attend.

THE STANDING ORDERS OF THE SENATE 179

 (2) If the Senate grants leave under paragraph
(1)—
(a) the Clerk or officer shall attend before the
National Assembly or the Committee of the
National Assembly; or
(b) the Senator may, if the Senator considers
it fit to do so, attend before the National
Assembly or the Committee of the National
Assembly.
(3) Except upon leave granted under paragraph
(2), a Senator, the Clerk or an officer may not, whether
in person or by counsel, attend or appear before the
National Assembly or a Committee of the National
Assembly in response to a summons or invitation, or
send an answer in writing to such summons or invitation.
253. Attendance before a County Assembly
(1) A Senator may, in accordance with the rules of
procedure of the County Assembly in which he or she
is registered as a voter, attend and address the County
Assembly or a committee of the County Assembly.
(2) A Senator may, with the written permission
of the Speaker and in accordance with the rules of
procedure of a County Assembly, attend and address
a County Assembly or a Committee of the County
Assembly other than that in which he or she is registered
as a voter.

180 THE STANDING ORDERS OF THE SENATE

 (3) Except as provided in paragraphs (1) and (2), a
Senator may not attend or address any sitting of a County
Assembly or a Committee of a County Assembly.
254. Failure to attend sittings
(1) If, during any Session, a Senator is absent
from eight sittings of the Senate without permission,
in writing from the Speaker, the Speaker shall report the
matter to the Senate 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 Senate.
(3) If the report of the Committee of Privileges
finds that the Senator has offered a satisfactory
explanation for his or her absence from eight sittings
of the Senate without the permission in writing from the
Speaker, there shall be no further proceedings in the
Senate in respect of the matter.
(4) If the report of the Committee finds that the
Senator has not offered a satisfactory explanation for his
or her absence from eight sittings of the Senate 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

THE STANDING ORDERS OF THE SENATE 181

a three days’ notice of a Motion that, “The Senate
notes the Report of the Committee of Privileges
dated ....and laid on the Table of the Senate on…
regarding….”.
(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 Senate 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 Senator concerned has
become vacant.
255. Seating in the Chamber
(1) There shall be reserved seats in the Senate
Chamber for the exclusive use of each of the following—
(a) the Deputy Speaker;
(b) the Senate Majority Leader

182 THE STANDING ORDERS OF THE SENATE

 (c) the Senate Minority Leader; and
(d) Senators with disabilities.
(2) All other seats in the Chamber shall be available
for the use of any Senator.
(3) Subject to this Standing Order and any other
order of the Senate, any question relating to the
occupation of seats in the Senate Chamber shall be
determined by the Speaker.
256. Senators travelling outside Kenya
(1) A Senator 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 Senator 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.

THE STANDING ORDERS OF THE SENATE 183

257. Expenses of witnesses
There may be paid or tendered to any person
summoned to give evidence or to produce documents
before the Senate 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 XXXII – VIRTUAL SITTINGS
258. Application of Part
(1) This part applies to –
(a) a sitting of the Senate where a physical
sitting is not possible as the Speaker may,
in consultation with the Senate Business
Committee, determine; or
(b) a meeting of a Committee of the Senate as
the Committee Chairperson may determine.
(2) Except as otherwise provided in this Part, the
Standing Orders shall, with necessary modifications,
apply to a virtual sitting of the Senate or virtual meeting
of a Committee of the Senate.
(3) Where a conflict arises between the provisions
of this Part and any other provision of these Standing
Orders, the provisions of this Part shall prevail.

184 THE STANDING ORDERS OF THE SENATE

 (4) The Speaker may issue guidelines for the
conduct of a virtual sitting of the Senate or a meeting of
a Committee of the Senate, including guidelines for the
effective participation by persons with disabilities in a
virtual sitting or meeting.
259. Convening of a Virtual Sitting
(1) Where the Speaker determines that a sitting of
the Senate is to be held virtually, the Speaker shall issue
a notice to all Senators specifying –
(a) the business to be transacted;
(b) the date and time of the sitting; and
(c) the online platform through which the
sitting shall be conducted.
(2) Where a Committee Chairperson determines
that a meeting of a Committee shall be held virtually,
the Clerk shall issue a notice to all members of the
Committee specifying the–
(a) agenda of the meeting;
(b) date and time for the holding of the meeting;
(c) online platform through which the meeting
shall be conducted; and
(d) in the case of a hybrid meeting, the venue
for purposes of the Senators who shall be
physically present at the meeting.
THE STANDING ORDERS OF THE SENATE 185
 (3) A notice issued under paragraph (1) and (2)
shall constitute sufficient notice of such sitting or
meeting.
(4) The location of a wholly virtual sitting of the
Senate or a meeting of a Committee shall be deemed to
be the Nairobi City County.

260. Powers, privilege and Order in Virtual Sittings

(1) The Senate, a Committee or a Senator shall
enjoy and exercise the powers, privileges and
immunities bestowed on Parliament by the Constitution,
the Parliamentary Powers and Privileges Act and any
other written law.
(2) A virtual sitting or meeting shall be conducted,
in so far as is practicable, in the manner provided for
in Parts XVIII (Rules of Debate), XIX (Limitation
of Debate) and XX (Order in the Senate and in
Committees).

261. Decorum
(1) The Presiding Officer or the Chairperson to
a Committee may allow a Senator participating in a
sitting or meeting virtually reasonable latitude when the
Senator is seeking for a point of order or any other
procedure in the event of a technological problem.
(2) A Senator participating virtually shall adhere
to the standards set out under the Speaker’s Rules on
attire and decorum.
186 THE STANDING ORDERS OF THE SENATE
 (3) A Senator or witness participating in a sitting or
a meeting virtually shall participate from an environment
which is non-political, professionally appropriate and
not distracting to other Senators or persons attending
the meeting.
(4) A Senator shall only participate in a virtual
sitting of the Senate or meeting of a Committee of the
Senate via the electronic platform approved by the Clerk
and set up for that purpose and shall access the meeting
through a secure link sent electronically to the Senator.
(5) A Senator shall not participate in –
(a) a virtual sitting of the Senate while in
Chamber;
(b) a sitting of the Senate and a virtual meeting
of a Committee at the same time; or
(c) more than one meeting of a Committee at
the same time.
(6) A Senator shall be visible to the Presiding
Officer or the Committee Chairperson in order to be
counted for the purpose of establishing a quorum,
taking a decision or voting on a matter.
(7) A Senator experiencing a technical problem
while participating in the proceedings virtually shall
inform the Presiding Officer or the Committee
Chairperson.

THE STANDING ORDERS OF THE SENATE 187

 (8) A Senator who is unable to participate in a
virtual sitting or meeting shall, in writing and as soon as
practicable, inform the Speaker or the Committee
Chairperson.
262. Quorum
Whenever a sitting of the Senate or a Committee
is held virtually –
(a) the quorum requirements shall be as
specified under the Constitution and these
Standing Orders;
(b) a Senator who has accessed the sitting or
meeting virtually shall be deemed present
for the purposes of establishing a quorum,
taking a decision or voting on a matter; and
(c) the Senate Majority Whip and the Senate
Minority Whip shall, in the case of a hybrid
sitting, designate such number of Senators,
as the circumstances may allow, to attend
the sitting in person.
263. Voting
(1) Voting during a virtual sitting shall be as
specified under Part XVII (Voting and Divisions)
provided that–
(a) a Senator shall cast their vote by roll call or
electronically;
188 THE STANDING ORDERS OF THE SENATE
 (b) the procedure to be followed for purposes
of casting a vote shall be determined by the
Speaker and communicated to the Senators
at the commencement of the voting process;
(c) only Senators who are present in person
or virtually when a vote is called shall be
permitted to vote;
(d) votes shall be taken at a fixed time
previously communicated by the Speaker
and where debate is not concluded at the
time appointed, the Speaker shall appoint a
new time for voting;
(e) the results of a vote shall be communicated
from the Chair; and
(f) the names of Senators and how they voted
shall be recorded in the Hansard and the
Votes and Proceedings.
(2) Where a decision is to be made by way of
secret ballot, a Senator shall cast their vote by –
(a) roll call; or
(b) electronically, as shall be determined by
the Speaker.
(3) Where technology is used to make a decision,
measures shall be put in place to ensure that –

THE STANDING ORDERS OF THE SENATE 189

 (a) the system is capable of verifying the votes
cast either electronically or manually;
(b) the integrity and confidentiality of the vote
is maintained; and
(c) the technology is simple, accurate,
verifiable, secure and transparent.
(4) The provisions of this standing order shall,
with necessary modification, apply to a virtual meeting
of a Committee under this Part.
264. Access, public participation and witnesses
(1) A virtual sitting of the Senate or meeting of a
Committee of the Senate shall ensure public participation
and access as specified under the Constitution and
Standing Orders 76(c)(ii) (Nomination for Appointment
by the Senate) and 145(5) (Committal of Bills to
Committees and public participation) and Part XXX
(Public Access to the Senate and its Committees).
(2) The Senate shall facilitate –
(a) a witness to attend and participate in a
meeting of a Committee virtually;
(b) an advocate representing a witness to
access a meeting virtually where the
advocate is not in the physical presence
of the witness and measures shall be put
in place to allow a witness confer with an
190 THE STANDING ORDERS OF THE SENATE
 advocate in confidence; and
(c) a person assisting a witness including a
translator to participate in a virtual meeting.
265. Receipt and transmission of documents
(1) A report or any other document required to be
tabled, issued or submitted may be tabled, issued or
submitted electronically.
(2) The Clerk shall put in place measures for the
electronic submission of documents and shall –
(a) notify a Senator, witness and member of the
public on the procedure for submission of
documents electronically before and during
a Committee meeting;
(b) facilitate access to electronically submitted
submitted documents;
(c) electronically circulate all documents
required during a sitting of the Senate or a
meeting of a Committee.
(3) Standing Orders 223 (Reports of Select
Committees), 224 (Sessional Reports) and
225 (Reports on Senate Resolutions) shall,
with necessary modification, apply to the
preparation, submission and tabling of
Committee reports under this Part.

THE STANDING ORDERS OF THE SENATE 191

 (4) A Senator or a witness intending to display
a document or evidence shall share the
document with the Clerk for purposes of
display during the meeting.
266. Broadcast of virtual sittings
(1) A virtual sitting of the Senate or a meeting of
Committee of the Senate may be livestreamed.
(2) Virtual proceedings shall be published by the
Hansard and may be broadcasted pursuant to Standing
Orders 243 (Hansard reports) and 245 (Broadcast of
Senate Proceedings).
PART XXXIII — AMENDMENT OF STANDING
ORDERS
267. Proposals for amendment by the Procedure
and Rules Committee
The Procedure and Rules Committee may, at any
time, propose amendments to these Standing Orders.
268. Amendment on the initiative of a Senator
(1) A Senator may, with the support of at least
fifteen other Senators, request the Procedure and Rules
Committee to consider an amendment to the Standing
Orders.
(2) A request under paragraph (1) shall be in
writing and shall-
192 THE STANDING ORDERS OF THE SENATE
 (a) contain the text of the proposed amendment
and the justification for the proposal;
(b) contain the names and signatures of the
Senators supporting the request; and
(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 Procedure and Rules
Committee.
(4) The Procedure and Rules Committee shall,
within twenty-one days of receipt of a request under
paragraph (3), consider the request and table a report in
the Senate containing the amendments proposed in the
request and the recommendations of the Committee on
each such proposal.
(5) The Senate shall consider the proposed
amendments to the Standing Orders as reported from
the Procedure and Rules Committee on a Motion that
“The report of the Procedure and Rules Committee be
approved”.
(6) Standing Order 155 (Procedure on Bills
reported from Committee of the Whole) shall apply,
with necessary modifications, to a Motion to approve
the report of the Procedure and Rules Committee on the
amendments proposed to the Standing Orders.

THE STANDING ORDERS OF THE SENATE 193

269. Periodic review of Standing Orders
At least once in every term of Parliament, not later
than three months to the end of the term, the Procedure
and Rules Committee shall review the Standing Orders
and make a report to the Senate recommending the
Standing Orders, if any, to be amended.
270. Consideration of reports of Procedure and
Rules Committee
Upon the tabling of a report of the Procedureand
Rules Committee under Standing Orders 267
(Proposals for amendment by the Procedure and Rules
Committee), 268 (Amendment on the initiative of a
Senator) and 269 (Periodic review of Standing Orders)
the procedure set out in Standing Order 268(5) and (6)
shall, with necessary modifications, apply.

271. Amendment to Standing Orders affecting both

Houses
Whenever the Speaker of a House of Parliament
is of the opinion that an amendment to the Standing
Orders of one House is likely to substantially alter the
orderly conduct of the business or affairs between the
Houses of Parliament, the Speaker shall, jointly with the
Speaker of the other House, cause the respective
committees dealing with the matters related to Standing
Orders to jointly consider the amendments and to

194 THE STANDING ORDERS OF THE SENATE

propose a version of the amendments that is agreeable
to both Houses and report to the respective Houses.
272. Coming into operation of amendments to
Standing Orders
Amendments to the Standing Orders proposed
under this Part shall, upon approval by the Senate, take
effect at the time appointed by the Senate.

THE STANDING ORDERS OF THE SENATE 195

 FIRST SCHEDULE
THE HOUSES OF PARLIAMENT (JOINT
SITTINGS) RULES
[Standing Orders 27(7), 229(2) and 230]
Citation
1. These Rules may be cited as the Houses of
Parliament (Joint Sittings) Rules.
Interpretation
2. In these Rules unless the context otherwise
requires—
“Houses” means the Senate and the National
Assembly;
“Joint Sitting” means a joint sitting of the Houses;
“member” means a member of the National
Assembly or of the Senate; and
“the Clerks” means the Clerk of the Senate and the
Clerk of the National Assembly and includes any
person for the time being performing the duties
of the Clerk of the Senate or of the Clerk of the
National Assembly.
Summons to members
3. Whenever the Houses of Parliament are to hold

196 THE STANDING ORDERS OF THE SENATE

 a Joint Sitting, the Clerks shall issue a summons
to each member specifying the time and place
for the Joint Sitting.
Time of Sittings
4. The hour upon which a Joint Sitting of the
Houses shall adjourn and the day and hour or the
part of the same day to which it shall be
adjourned shall be determined by the Speakers
of the Houses of Parliament.
Presiding in Joint Sittings
5. (1) At a Joint Sitting of the Houses of Parliament, the
Speaker of the National Assembly shall preside,
assisted by the Speaker of the Senate.
(2)If one of the Speakers is not present, the substantive
Speaker present shall preside, assisted by the
Deputy Speaker of the other House.
Quorum
6. The quorum to constitute a Joint Sitting of the
Houses shall be fifteen Senators and fifty
members of the National Assembly.
Procedure at Joint Sittings
7. At any Joint Sitting of the Houses, the procedures
of the National Assembly shall apply, with such
modifications and variations as the Speaker of

THE STANDING ORDERS OF THE SENATE 197

 the National Assembly or the person presiding
may consider necessary or appropriate.
Report of proceedings of Joint Sittings
8. The Clerks shall cause to be prepared a full
report of the proceedings of every Joint Sitting
of the Houses, and shall, as soon as practicable,
publish it in such form and manner as the
Speakers of the Houses may, from time to time,
jointly direct.
Joint Committees of Parliament
9. (1) There shall be such Joint Committees as shall be
established by a Resolution of the Houses of
Parliament or under any law.
(2) Every resolution by a House of Parliament for
the establishment of a Joint Committee not
provided for in the Standing Orders shall be by
a message to the other House, which shall state
the object of such Committee and the number of
members to be appointed to the Committee.
(3) A Joint Committee established under these
Rules shall consist of at least five members of
each House.
(4) Prior to the commencement of any other
business, every Joint Committee shall elect two
co-Chairpersons, one each from the Senate and

198 THE STANDING ORDERS OF THE SENATE

 the National Assembly.
(5) If the two co-Chairpersons are absent at a
meeting of the Committee, the members present
shall appoint one of the members present to
chair that meeting.
(6) Unless a decision is reached by consensus, any
vote to be taken in a Joint Committee shall be
by separate Houses.
(7) Without limiting the effect of anything contained
in these Rules, the Standing Orders of the Senate
and the National Assembly relating to Select
Committees shall be applied, but the Speakers
of both Houses may jointly give directions in
instances where the Orders of the two Houses
are at variance.
(8) The report of a Joint Committee shall be tabled
in each House for consideration.
Clerks of a Joint Sitting and a Joint Committee
10. The Clerk of the Senate and the Clerk of the
National Assembly shall be the Joint Clerks
of a Joint Sitting of the Houses or of a Joint
Committee and either of them may exercise a
function expressed to be exercised by the Clerk.

THE STANDING ORDERS OF THE SENATE 199

Amendments to these Rules
11. (1) An amendment may be proposed to these Rules
by a Joint Committee.
(2) The report of the Joint Committee under
paragraph (1) proposing amendments to these
Rules shall be tabled in each House.

200 THE STANDING ORDERS OF THE SENATE

 SECOND SCHEDULE
RULES OF PROCEDURE FOR REMOVAL OF
PRESIDENT BY IMPEACHMENT

[Standing Order 78(9)]

Part 1: Rules of Procedure when considering the
proposed removal in Plenary
1. Upon the convening of a meeting of the Senate
to hear the charges against the President,
pursuant to Article 145(3)(a) of the Constitution
and Standing Order 78 of the Senate Standing
Orders, the Speaker of the Senate shall report the
resolution of the National Assembly to the
Senate and shall read to the Senate the charges
against the President.
2. The Senate may, in plenary, –
(a) investigate the matter; and
(b) determine whether the particulars of the
allegations against the President have been
substantiated.
3. The Speaker of the Senate shall appoint a date
for the commencement of the hearing of the
evidence for the purposes of the investigation.
4. The Senate shall —

THE STANDING ORDERS OF THE SENATE 201

 (a) invite the President to appear and be
represented before the Senate, during its
investigations; and
(b) notify the National Assembly of the date for
the commencement of the investigation and
invite the National Assembly to designate
the members of the Assembly, being not
more than five members, if any, who shall
appear before the Senate to represent the
Assembly during the investigation.
5. An invitation under rule 4 shall be under the
hand of the Clerk of the Senate and may be
effected by personal service or by notice in at
least one newspaper of national circulation.
6. Where the President chooses to appear before
the Senate, the President shall be required,
within three days of the invitation under rule
4(a), on a date specified in the invitation, to file
an answer to the charges with the Office of the
Clerk of the Senate in which the President shall
set out—
(a) the President’s response to the particulars
of the allegations;
(b) how the President proposes to appear
before the Senate; whether in person, by
advocate, or in person and by advocate;

202 THE STANDING ORDERS OF THE SENATE

 (c) the names and addresses of the persons
to be called as witnesses, if any, and a
statement by each such witness; and
(d) any other evidence to be relied on.
7. Where the National Assembly chooses to appear
before the Senate, the Assembly shall be
required, within three days of the invitation
under rule 4(b), on a date to be specified in the
invitation to file, with the office of the Clerk of
the Senate, documentation-
(a) designating the Members, if any, who shall
attend and represent the National Assembly
in the proceedings before Senate;
(b) indicating the mode of appearance by the
Members before the Senate, whether in
person, by advocate, or in person and by
advocate;
(c) indicating the names and addresses of the
persons to be called as witnesses, if any,
and a statement by each such witness; and
(d) specifying any other evidence to be relied
on.
8. The Clerk of the Senate shall furnish each party
with the documentation filed by the other party
under rules 6 and 7.

THE STANDING ORDERS OF THE SENATE 203

9. The documents submitted under rules 6 and 7
shall—
(a) be numbered consecutively; and
(b) be bound in book form, in volumes with
proper titles appearing on the covers.
10. The Senate may, at the request of the National
Assembly or the President, invite or summon
any person to appear and give evidence before
the Senate.
11. Where the National Assembly or the President
chooses not to appear before the Senate, that fact
shall be put on record and the Senate shall
proceed with its investigation without further
reference to the National Assembly or the
President, but the Senate may, for exceptional
reasons to be recorded, permit a later appearance
before the Senate by the National Assembly or
the President.
12. Subject to these Rules, the hearing of the
evidence, once it commences, shall proceed and
continue on until the Senate concludes the
hearing of the matter.
13. The Speaker of the Senate shall, before the
commencement of the hearing of the evidence,
allocate time for the hearing of the case by the
President and the case by the National Assembly.
204 THE STANDING ORDERS OF THE SENATE
14. Any preliminary question or issue raised by the
National Assembly or by the President shall be
argued for not more than thirty minutes, unless
the Speaker of the Senate otherwise directs.
15. The Clerk shall administer the oath or
affirmation, in the manner and form prescribed
in the Schedule, to every person who appears
to give evidence before the Senate before such
person gives such evidence.
16. At the commencement of the hearing before the
Senate, the Clerk shall read out the Particulars
of the Allegations.
17. After the Particulars of the Allegations have
been read out, the Speaker of the Senate shall
allow an opening statement to be made on behalf
of the National Assembly and on behalf of the
President.
18. An opening statement made under rule 17 shall
be for not more than thirty minutes or such other
time as the Speaker of the Senate may direct.
19. After the opening statements have been made,
the National Assembly, shall present its case and
may, within the time allocated to it, call such
witnesses as it may determine.
20. In presenting its evidence, the Assembly shall
not introduce any new evidence that was not
THE STANDING ORDERS OF THE SENATE 205
 a part of the allegations against the President
by the National Assembly as forwarded by the
Speaker of the National Assembly to the
Speaker of the Senate.
21. After the evidence on the part of the National
Assembly has been presented, the evidence on
the part of the President shall similarly be
presented.
22. A witness presented shall be led in evidence,
cross-examined and, where necessary and only
for purposes of clarification of issues that may
have arisen in cross-examination, may be re-
examined.
23. A Senator may, in not more than two minutes or
such further time as the Speaker may determine,
put a question to any of the witnesses, a party or
the Counsel representing a party.
24. No person, other than —
(a) the President;
(b) a person who has been called as a witness by
the National Assembly or by the President;
or
(c) a person who is invited or summoned
to appear and give evidence; shall give
evidence before the Senate.

206 THE STANDING ORDERS OF THE SENATE

25. After the parties have presented their evidence,
the Speaker of the Senate shall allow a closing
statement to be made on behalf of the National
Assembly and thereafter on behalf of the
President.
26. A closing statement made under rule 24 shall be
for not more than sixty minutes or such other
time as the Speaker of the Senate may direct.
27. After the closing statements have been made,
the hearing shall conclude and the Senate shall
proceed into a camera session to deliberate on
the issues raised.
28. Except as otherwise provided in these Rules
or as the Speaker may for exceptional reasons
to be stated determine, the proceedings of the
Senate for the hearing of evidence shall be held
in public.
29. Except as otherwise provided in these Rules, the
Standing Orders shall apply.
30. Where on a particular question or matter,
including but not limited to questions of
evidence, materiality, relevancy, competency or
admissibility of evidence and any questions
consequential or incidental thereto, no provision
has been made in the Standing Orders or in these
Rules, the Speaker of the Senate shall rule on the

THE STANDING ORDERS OF THE SENATE 207

 question or matter and the ruling of the Speaker
shall be final.
Part 2: Rules of Procedure when considering
the proposed removal by way of a Select
Committee
1. Upon the convening of a meeting of the Senate to
hear the charges against the President, pursuant
to Article 145 of the Constitution and Standing
Order 78, the Speaker shall report the resolution
of the National Assembly to the Senate.
2. The Senate may, pursuant to Article 145(3)(b)
of the Constitution and Standing Order 78(1), by
resolution, appoint a special committee to –
(a) investigate the matter; and
(b) report to the Senate within ten days on
whether it finds the particulars of the
allegations against the President to have
been substantiated.
3. Where a special committee is appointed, the
committee shall, within twenty-four hours of its
appointment—
(a) elect a chairperson and vice-chairperson
from amongst its members;
(b) appoint a date for the commencement of

208 THE STANDING ORDERS OF THE SENATE

 the hearing of evidence for the purposes of
the investigation.
4. Upon the appointment of a date for the
commencement of the hearing of the evidence
for the purposes of the investigation, the
Committee shall –
(a) invite the President to appear and be
represented before the special committee
during its investigations; and
(b) notify the National Assembly of the date for
the commencement of the investigation and
invite the National Assembly to designate
members of the National Assembly, being
not more than three members, if any, who
shall appear before the Committee to
represent the National Assembly during the
investigation.
5. An invitation under rule 4 may be effected by
personal service or by notice in at least one
newspaper of national circulation.
6. Where the President chooses to appear before
the Committee, the President shall be required,
within three days of the invitation under rule
4, on a date specified by the Committee, to file
an answer to the charges with the Office of the
Clerk of the Senate in which the President shall
set out—
THE STANDING ORDERS OF THE SENATE 209
 (a) the President’s response to the particulars
of the allegations;
(b) how the President proposes to appear
before the Special Committee; whether in
person, by advocate, or in person and by
advocate;
(c) the names and addresses of the persons
to be called as witnesses, if any, and a
statement by each such witness; and
(d) any other evidence to be relied on.
7. Where the National Assembly chooses to appear
before the Committee, the National Assembly
shall be required, within three days of the
invitation under rule 4, on a date to be specified
by the Committee to file, with the office of the
Clerk of the Senate, documentation-
(a) designating the Members, if any, who shall
attend and represent the National
Assembly in the proceedings before the
Special Committee;
(b) indicating the mode of appearance by the
Members before the Special Committee;
whether in person, by advocate, or in
person and by advocate;
(c) indicating the names and addresses of the
persons to be called as witnesses, if any,
and a statement by each such witness; and

210 THE STANDING ORDERS OF THE SENATE

 (d) specifying any other evidence to be relied
on.
8. The Clerk of the Senate shall furnish each party
with the documentation filed by the other party
under rule 6 or 7.
9. The documents submitted under rule 6 and 7
shall—
(a) be numbered consecutively; and
(b) be bound in book form with proper titles
appearing on the covers.
10. The Committee may, at the request of the
National Assembly or the President, invite or
summon any person to appear and give evidence
before the Committee.
11. Where the National Assembly or the President
chooses not to appear before the Committee,
that fact shall be recorded by the Committee and
the Committee shall proceed with its
investigation without further reference to the
Assembly or the President, but the Committee
may, for exceptional reasons to be recorded,
permit a later appearance before the Committee
by the Assembly or the President.
12. The hearing of the evidence, once it commences,
shall proceed and continue on until the
Committee concludes the hearing of the matter.

THE STANDING ORDERS OF THE SENATE 211

13. The Committee shall, before the commencement
of the hearing of the evidence, allocate time for
the hearing of the case by the President and the
case by the National Assembly.
14. Any preliminary question or issue raised by the
National Assembly or by the President shall be
argued for not more than thirty minutes, unless
the Committee otherwise directs.
15. The Clerk shall administer the oath or
affirmation, in the manner and form prescribed
in the Schedule, to every person who appears to
give evidence before the Committee before such
person gives such evidence.
16. At the commencement of the hearing before
the Committee, the Clerk shall read out the
Particulars of the Allegations.
17. After the Particulars of the Allegations have been
read out, the Committee shall allow an opening
statement to be made on behalf of the National
Assembly and on behalf of the President.
18. An opening statement made under rule 17 shall
be for not more than forty minutes, unless the
Committee otherwise resolves.
19. After the opening statements have been made,
the witnesses on the part of the National
Assembly, if any, shall present the evidence of
the Assembly.
212 THE STANDING ORDERS OF THE SENATE
20. In presenting its evidence, the Assembly shall
not introduce any new evidence that was not
a part of the allegations against the President
by the National Assembly as forwarded by the
Speaker of the National Assembly to the
Speaker of the Senate.
21. After all the witnesses on the part of the National
Assembly have presented their evidence, the
witnesses on the part of the President shall
present their evidence.
22. Each of the witnesses shall be led in evidence,
cross-examined and, where necessary and only
for purposes of clarification of issues that may
have arisen in cross-examination, a witness may
be re-examined.
23. A Member of the Committee may put a question
to any of the witnesses before the Committee.
24. No person, other than–
(a) the President;
(b) a person who has been called as a witness by
the National Assembly or by the President;
and
(c) a person who is invited or summoned by the
Committee to appear and give evidence;
shall give evidence before the Committee.

THE STANDING ORDERS OF THE SENATE 213

25. After all the witnesses have given their evidence,
the Committee shall allow a closing statement to
be made on behalf of the National Assembly and
thereafter on behalf of the President.
26. A closing statement made under rule 24 shall
be for not more than thirty minutes, unless the
Committee otherwise resolves.
27. After the closing statements have been made,
the hearing shall conclude and the Committee
shall then proceed to prepare and conclude its
report.
28. Pursuant to Article 145(4)(b) of the Constitution
and Standing Order 78(2)(b), the Committee
shall within ten days table its report in the
Senate in which it shall indicate whether it finds
the particulars of the allegations against the
President to have been substantiated.
29. The proceedings of the Committee for the
hearing of evidence shall be held in public, but
the deliberations of the Committee shall be held
in camera.
30. The quorum for the proceedings of the
Committee shall be seven of its members.
31. Except as otherwise provided in these Rules, the
Standing Orders shall apply.

214 THE STANDING ORDERS OF THE SENATE

32. Where on a particular question or matter,
including but not limited to questions of
evidence, materiality, relevancy, competency or
admissibility of evidence and any questions
consequential or incidental thereto, no provision
has been made in the Standing Orders or in these
Rules, the chairperson of the Committee shall
rule on the question or matter and the ruling of
the chairperson shall be final.

THE STANDING ORDERS OF THE SENATE 215

 THIRD SCHEDULE
RULES OF PROCEDURE FOR THE HEARING
AND DETERMINATION OF THE PROPOSED
REMOVAL FROM OFFICE BY IMPEACHMENT
OF A GOVERNOR
[Standing Order 80(8)]
Part 1: Rules of Procedure when considering the
proposed removal in Plenary
1. Upon the convening of a meeting of the Senate to
hear the charges against the Governor, pursuant
to Article 181 of the Constitution, section 33 of
the County Governments Act, No. 17 of 2012
and Standing Order 80 of the Senate Standing
Orders, the Speaker of the Senate shall report the
resolution of the County Assembly to the Senate
and shall read to the Senate the charges against
the Governor.
2. The Senate shall, in plenary, –
(a) investigate the matter; and

(b) determine whether the particulars of the

allegations against the Governor have been
substantiated.
3. The Speaker of the Senate shall appoint a date
for the commencement of the hearing of the
evidence for the purposes of the investigation.
216 THE STANDING ORDERS OF THE SENATE
4. The Senate shall—
(a) invite the Governor to appear and be
represented before the Senate, during its
investigations; and
(b) notify the County Assembly of the date for
the commencement of the investigation
and invite the Assembly to designate the
members of the Assembly, being not more
than three members, if any, who shall
appear before the Senate to represent the
Assembly during the investigation.
5. An invitation under rule 4 shall be under the
hand of the Clerk of the Senate and may be
effected by personal service or by notice in at
least one newspaper of national circulation.
6. Where the Governor chooses to appear before
the Senate, the Governor shall be required,
within three days of the invitation under rule
4(a), on a date specified in the invitation, to file
an answer to the charges with the Office of the
Clerk of the Senate in which the Governor shall
set out—
(a) the Governor’s response to the particulars
of the allegations;
(b) how the Governor proposes to appear
before the Senate; whether in person, by
advocate, or in person and by advocate;
THE STANDING ORDERS OF THE SENATE 217
 (c) the names and addresses of the persons
to be called as witnesses, if any, and a
statement by each such witness; and
(d) any other evidence to be relied on.
7. Where the County Assembly chooses to appear
before the Senate, the Assembly shall be
required, within three days of the invitation
under rule 4(b), on a date to be specified in the
invitation to file, with the office of the Clerk of
the Senate, documentation-
(a) designating the Members, if any, who shall
attend and represent the Assembly in the
proceedings before Senate;
(b) indicating the mode of appearance by the
Members before the Senate, whether in
person, by advocate, or in person and by
advocate;
(c) indicating the names and addresses of the
persons to be called as witnesses, if any,
and a statement by each such witness; and
(d) specifying any other evidence to be relied
on.
8. The Clerk of the Senate shall furnish each party
with the documentation filed by the other party
under rules 6 and 7.

218 THE STANDING ORDERS OF THE SENATE

9. The documents submitted under rules 6 and 7
shall—
(a) be numbered consecutively; and
(b) be bound in book form, in volumes with
proper titles appearing on the covers.
10. The Senate may, at the request of the County
Assembly or the Governor, invite or summon
any person to appear and give evidence before
the Senate.
11. Where the County Assembly or the Governor
chooses not to appear before the Senate, that fact
shall be put on record and the Senate shall
proceed with its investigation without further
reference to the Assembly or the Governor, but
the Senate may, for exceptional reasons to be
recorded, permit a later appearance before the
Senate by the Assembly or the Governor.
12. Subject to these Rules, the hearing of the
evidence, once it commences, shall proceed and
continue on until the Senate concludes the
hearing of the matter.
13. The Speaker of the Senate shall, before the
commencement of the hearing of the evidence,
allocate time for the hearing of the case by the
Governor and the case by the County Assembly.

THE STANDING ORDERS OF THE SENATE 219

14. Any preliminary question or issue raised by the
County Assembly or by the Governor shall be
argued for not more than thirty minutes, unless
the Speaker of the Senate otherwise directs.
15. The Clerk shall administer the oath or
affirmation, in the manner and form prescribed
in the Schedule, to every person who appears
to give evidence before the Senate before such
person gives such evidence.
16. At the commencement of the hearing before the
Senate, the Clerk shall read out the Particulars
of the Allegations.
17. After the Particulars of the Allegations have
been read out, the Speaker of the Senate shall
allow an opening statement to be made on behalf
of the County Assembly and on behalf of the
Governor.
18. An opening statement made under rule 16 shall
be for not more than thirty minutes.
19. After the opening statements have been made,
the County Assembly, shall present its case and
may, within the time allocated to it, call such
witnesses as it may determine.
20. In presenting its evidence, the Assembly shall
not introduce any new evidence that was not
a part of the allegations against the Governor
220 THE STANDING ORDERS OF THE SENATE
 by the County Assembly as forwarded by the
Speaker of the County Assembly to the Speaker
of the Senate.
21. After the evidence on the part of the County
Assembly has been presented, the evidence on
the part of the Governor shall similarly be
presented.
22. A witness presented shall be led in evidence,
cross-examined and, where necessary and only
for purposes of clarification of issues that may
have arisen in cross-examination, may be re-
examined.
23. A Senator may, in not more than two minutes or
such further time as the Speaker may determine,
put a question to any of the witnesses, a party or
the Counsel representing a party.
24. No person, other than—
(a) the Governor;
(b) a person who has been called as a witness by
the County Assembly or by the Governor;
or
(c) a person who is invited or summoned
to appear and give evidence; shall give
evidence before the Senate.

THE STANDING ORDERS OF THE SENATE 221

25. After the parties have presented their evidence,
the Speaker of the Senate shall allow a closing
statement to be made on behalf of the County
Assembly and thereafter on behalf of the
Governor.
26. A closing statement made under rule 24 shall be
for not more than sixty minutes.
27. After the closing statements have been made,
the hearing shall conclude and the Senate shall
proceed into a camera session to deliberate on
the issues raised.
28. Except as otherwise provided in these Rules
or as the Speaker may for exceptional reasons
to be stated determine, the proceedings of the
Senate for the hearing of evidence shall be held
in public.
29. Except as otherwise provided in these Rules, the
Standing Orders shall apply.
30. Where on a particular question or matter,
including but not limited to questions of
evidence, materiality, relevancy, competency or
admissibility of evidence and any questions
consequential or incidental thereto, no provision
has been made in the Standing Orders or in these
Rules, the Speaker of the Senate shall rule on the
question or matter and the ruling of the Speaker
shall be final.
222 THE STANDING ORDERS OF THE SENATE
Part 2: Rules of Procedure when considering
the proposed removal by way of a Select
Committee
1. Upon the convening of a meeting of the Senate to
hear the charges against the Governor, pursuant to
Article 181 of the Constitution, section 33 of the
County Governments Act, No. 17 of 2012, and
Standing Order 80, the Speaker shall report the
resolution of the County Assembly to the Senate.
2. The Senate may, pursuant to section 33(3)(b) of
the County Governments Act and StandingOrder
80(1)(b), by resolution, appoint a special
committee to-
(a) investigate the matter; and
(b) report to the Senate within ten days on
whether it finds the particulars of the
allegations against the governor to have been
substantiated.
3. Where a special committee is appointed, the
committee shall, within twenty-four hours of its
appointment—
(a) elect a chairperson and vice-chairperson
from amongst its members;
(b) appoint a date for the commencement of the
hearing of evidence for the purposes of the
investigation.
THE STANDING ORDERS OF THE SENATE 223
4. Upon the appointment of a date for the
commencement of the hearing of the evidence
for the purposes of the investigation, the
Committee shall-
(a) invite the Governor to appear and be
represented before the special committee
during its investigations; and
(b) notify the County Assembly of the date for
the commencement of the investigation
and invite the Assembly to designate the
members of the Assembly, being not more
than three members, if any, who shall
appear before the Committee to represent
the Assembly during the investigation.
5. An invitation under rule 4 may be effected by
personal service or by notice in at least one
newspaper of national circulation.
6. Where the Governor chooses to appear before
the Committee, the Governor shall be required,
within three days of the invitation under rule
4, on a date specified by the Committee, to file
an answer to the charges with the Office of the
Clerk of the Senate in which the Governor shall
set out—
(a) the Governor’s response to the particulars
of the allegations;

224 THE STANDING ORDERS OF THE SENATE

 (b) how the Governor proposes to appear
before the Special Committee; whether in
person, by advocate, or in person and by
advocate;
(c) the names and addresses of the persons
to be called as witnesses, if any, and a
statement by each such witness; and
(d) any other evidence to be relied on.
7. Where the County Assembly chooses to appear
before the Committee, the Assembly shall be
required, within three days of the invitation
under rule 4, on a date to be specified by the
Committee to file, with the office of the Clerk of
the Senate, documentation-
(a) designating the Members, if any, who shall
attend and represent the Assembly in the
proceedings before the Special Committee;
(b) indicating the mode of appearance by the
Members before the Special Committee;
whether in person, by advocate, or in
person and by advocate;
(c) indicating the names and addresses of the
persons to be called as witnesses, if any,
and a statement by each such witness; and
(d) specifying any other evidence to be relied
on.
8. The Clerk of the Senate shall furnish each party
with the documentation filed by the other party
under rules 6 or 7.

THE STANDING ORDERS OF THE SENATE 225

9. The documents submitted under rules 6 and 7
shall—
(a) be numbered consecutively; and
(b) be bound in book form, in volumes with
proper titles appearing on the covers.

10. The Committee may, at the request of the County

Assembly or the Governor, invite or summon
any person to appear and give evidence before
the Committee.
11. Where the County Assembly or the Governor
chooses not to appear before the Committee,
that fact shall be recorded by the Committee and
the Committee shall proceed with its
investigation without further reference to the
Assembly or the Governor, but the Committee
may, for exceptional reasons to be recorded,
permit a later appearance before the Committee
by the Assembly or the Governor.
12. The hearing of the evidence, once it commences,
shall proceed and continue on until the
Committee concludes the hearing of the matter.
13. The Committee shall, before the commencement
of the hearing of the evidence, allocate time for
the hearing of the case by the Governor and the
case by the County Assembly.

226 THE STANDING ORDERS OF THE SENATE

14. Any preliminary question or issue raised by the
County Assembly or by the Governor shall be
argued for not more than thirty minutes, unless
the Committee otherwise directs.
15. The Clerk shall administer the oath or
affirmation, in the manner and form prescribed
in the Schedule, to every person who appears to
give evidence before the Committee before such
person gives such evidence.
16. At the commencement of the hearing before
the Committee, the Clerk shall read out the
Particulars of the Allegations.
17. After the Particulars of the Allegations have been
read out, the Committee shall allow an opening
statement to be made on behalf of the County
Assembly and on behalf of the Governor.
18. An opening statement made under rule 17 shall
be for not more than forty minutes, unless the
Committee otherwise resolves.
19. After the opening statements have been made,
the witnesses on the part of the County
Assembly, if any, shall present the evidence of
the Assembly.
20. In presenting its evidence, the Assembly shall
not introduce any new evidence that was not
a part of the allegations against the Governor
THE STANDING ORDERS OF THE SENATE 227
 by the County Assembly as forwarded by the
Speaker of the County Assembly to the Speaker
of the Senate.
21. After all the witnesses on the part of the County
Assembly have presented their evidence, the
witnesses on the part of the Governor shall
present their evidence.
22. Each of the witnesses shall be led in evidence,
cross-examined and, where necessary and only
for purposes of clarification of issues that may
have arisen in cross-examination, a witness may
be re-examined.
23. A Member of the Committee may put a question
to any of the witnesses before the Committee.
24. No person, other than–
(a) the Governor;
(b) a person who has been called as a witness by
the County Assembly or by the Governor;
and
(c) a person who is invited or summoned by the
Committee to appear and give evidence;
shall give evidence before the Committee.
25 After all the witnesses have given their evidence,the
Committee shall allow a closing statement to

228 THE STANDING ORDERS OF THE SENATE

 be made on behalf of the County Assembly and
thereafter on behalf of the Governor.
26. A closing statement made under rule 24 shall
be for not more than thirty minutes, unless the
Committee otherwise resolves.
27. After the closing statements have been made,
the hearing shall conclude and the Committee
shall then proceed to prepare and conclude its
report.

28. Pursuant to section 33(4)(b) of the County

Governments Act and Standing Order 80(2) (b),
the Committee shall within ten days table its
report in the Senate in which it shall indicate
whether it finds the particulars of the allegations
against the Governor to have been substantiated.
29. The proceedings of the Committee for the
hearing of evidence shall be held in public, but
the deliberations of the Committee shall be held
in camera.
30. The quorum for the proceedings of the
Committee shall be seven of its members.
31. Except as otherwise provided in these Rules, the
Standing Orders shall apply.
32. Where on a particular question or matter,
including but not limited to questions of
evidence, materiality, relevancy, competency or
admissibility of evidence and any questions
consequential or incidental thereto, no provision
has been made in the Standing Orders or in these
Rules, the chairperson of the Committee shall

THE STANDING ORDERS OF THE SENATE 229

 rule on the question or matter and the ruling of
the chairperson shall be final.
33. These Rules shall, with necessary modifications,
apply to the process for the removal of any other
State or public officer in respect of whom the
Senate has jurisdiction.

230 THE STANDING ORDERS OF THE SENATE

 FOURTH SCHEDULE
STANDING COMMITTEES
[Standing Order 228(3)]

Standing
Subject matter assigned
Committee
Agriculture, to consider all matters relating
Livestock and to agriculture, irrigation,
Fisheries livestock, fisheries
development and veterinary
services.
Devolution and to consider all matters
Intergovernmental relating to devolution,
Relations intergovernmental and inter-
county relations, governance
and management of county
governments, cities, towns and
urban areas.
Education to consider all matters relating
to education and training.
Energy to consider all matters relating
to fossil fuels exploration,
development, production,
maintenance and regulation of
energy

THE STANDING ORDERS OF THE SENATE 231

 Standing
Subject matter assigned
Committee
Finance and (a) To investigate, inquire
Budget into and report on all matters
relating to coordination,control
and monitoring of the county
budgets and to examine
(i) the Budget Policy
Statement presented to the
Senate;
(ii) the report on the Budget
allocated to constitutional
Commissions and
independent offices;
(iii) the Division of Revenue
Bill, County Allocationof
Revenue Bill, and cash
disbursement schedule for
county governments; and

(iv) all matters related to

resolutions and Bills for
appropriations, share of
national revenue amongst
the counties and all matters
concerning the National
Budget, including public

232 THE STANDING ORDERS OF THE SENATE

 Standing
Subject matter assigned
Committee
finance and monetary
policies and public debt,
planning and development
policy.
(b) Pursuant to Article 228 (6)
of the Constitution, to examine
the report of the Controller of
Budget on the implementation
of the budgets of county
governments.
Health to consider all matters relating
to medical services, public
health and sanitation.
Information, to consider all matters relating
Communication to technology, engineeringand
and Technology electronic research,
information, broadcasting and
Information, Communications
and Technology (ICT)
development.

THE STANDING ORDERS OF THE SENATE 233

 Standing
Subject matter assigned
Committee
Justice, Legal to consider all matters relating
Affairs and Human to constitutional affairs, the
Rights organization and
administration of law and
justice, elections, promotion of
principles of leadership, ethics,
and integrity; agreements,
treaties and conventions; and
implementation of the
provisions of the Constitution
on human rights.
Labour and Social to consider all matters relating
Welfare to manpower and human
resource planning, pension,
gender, culture and social
welfare youth, National Youth
Service, children’s welfare,
national heritage, betting,
lotteries, sports, public
entertainment, trade union
relations, public amenities and
recreation.
Land, to consider all matters relating
Environment and to lands and settlement,
Natural Resources environment, forestry, wildlife,
mining, water resource
management and development.
234 THE STANDING ORDERS OF THE SENATE
 Standing
Subject matter assigned
Committee
National Cohesion, to consider all matters relating
Equal Opportunity to; the pursuit of national and
and Regional inter-community cohesion, the
Integration equalization of opportunities
and improvement in the quality
of life and status of all persons,
regional integration, the East
National Security, to consider all matters relating
Defence and to national security and foreign
Foreign Relations relations, disaster reduction
and preparedness home affairs,
defence, immigration and
international relations.
Roads, to consider all matters relating
Transportation and to transport, roads, public
Housing works, housing, construction
and maintenance of roads, rails
and buildings, air, seaports and
communications.
Trade, to consider all matters relating
Industrialization to trade, industrialization,
and Tourism tourism, cooperatives,
investment and divestiture
policies.

THE STANDING ORDERS OF THE SENATE 235

 FIFTH SCHEDULE
FORM OF A PUBLIC PETITION
[Standing Order 235]
I/We, the undersigned,
[Here, identify in general terms, who the petitioner or
petitioners are, for example, citizens of Kenya, residents
of province or region, workers of industry, etc.]
DRAW the attention of the Senate to the following:
[Here, briefly state the reasons underlying the request
for the intervention of the Senate by outlining the
grievances or problems by summarizing the facts which
the petitioner or petitioners wish the Senate 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.]
WHEREFORE your humble petitioner(s) Pray that
the Senate—

236 THE STANDING ORDERS OF THE SENATE

[Here, set out the prayer by stating in summary what
action the petitioners wish Parliament to take or refrain
from.]

Signature/
Full National ID./
Name of petitioner Thumb
Address Passport No.
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.

THE STANDING ORDERS OF THE SENATE 237

 SIXTH SCHEDULE
BROADCASTING RULES
[Standing Order 245(2)]

Parliamentary Broadcasting Unit

1. (1) There is established the Parliamentary
Broadcasting Unit, which shall oversee the
broadcasting of parliamentary proceedings.
(2)Unless the Senate otherwise directs, the
Parliamentary Broadcasting Unit may broadcast
the proceedings of the Senate and provide access
to parliamentary information.
Parliamentary Privilege
2. Audio and visual digital footage of
parliamentary proceedings shall be covered by
the laws relating to parliamentary privilege and
shall be kept as part of the records of the Senate,
under the custody of the Clerk.
Television Broadcasting
3. When broadcasting the proceedings of the
Senate on television, the following guidelines
shall apply-
(a) the camera shall focus on the Senator

238 THE STANDING ORDERS OF THE SENATE

 recognized by the Chair until the Senator
has finished speaking;
(b) group shots and cut-aways may be taken
for purposes of showing the reaction of a
group of Senators 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 Senator has voted in any secret
ballot;
(d) officers of the Senate 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 Committee of
Privileges; and
(g) no close-up shots of Senators’ papers or
reference materials may be shown.

THE STANDING ORDERS OF THE SENATE 239

Radio Broadcasting
4. When broadcasting the proceedings of the
Senate on radio, the following guidelines shall
apply-
(a) audio recording shall be restricted
to proceedings of the Senate and the
Committees;
(b) commentaries during a live broadcast shall
be limited to the introduction of a matter
under debate and of the Senate on the floor.
Protection of the dignity of the Senate
5. (1) Officers of the Parliamentary 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 unsuspectingSenators
shall not be shown.
(3) Recordings of Senate proceedings may not beused
for purposes of political party advertising, ridicule,
commercial sponsorship or any form of adverse
publicity.

240 THE STANDING ORDERS OF THE SENATE

External Media Houses
6. (1) In these Rules, “external media house” refers to
any media house other than the Parliamentary
Broadcasting Unit.
(2) No external media house or other person may
broadcast any proceedings of the Senate except
as received from the broadcast feed provided by
the Parliamentary Broadcasting Unit or with the
permission of the Speaker.
(3) A media house that receives a broadcast feed from
the Parliamentary Broadcasting Unit shall
broadcast it without any manipulation or distortion.
(4) No camera or other recording or broadcasting
equipment shall be allowed in the Senate 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 Senate may
on the recommendation of the Committee of
Privileges consider appropriate.

THE STANDING ORDERS OF THE SENATE 241

 (2) The Committee of Privileges shall develop
procedures for the enforcement of these Rules.
Application of Rules
8. These Rules shall apply for the broadcasting
of parliamentary proceedings in the Senate, in
Committees and, with necessary modifications,
in other parliamentary proceedings and events.

242 THE STANDING ORDERS OF THE SENATE

 SEVENTH SCHEDULE
OATH/ AFFIRMATION BY WITNESSES

[Second Schedule, Part 1 r. 15, Second Schedule,

Part 2 r. 15, Third Schedule, Part 2 r. 15]
OATH

I, ............................ do solemnly swear that the evidence

that I shall give before the Senate/this Committee in
respect of the matters before the Senate/this Committee
shall be the truth, the whole truth and nothing but the
truth, so help me God.
AFFIRMATION
I, ............................ do solemnly affirm that the evidence
that I shall give before the Senate/this Committee in
respect of the matters before the Senate/this Committee
shall be the truth, the whole truth and nothing but the
truth.

THE STANDING ORDERS OF THE SENATE 243

 INDEX TO THE STANDING ORDERS OF THE
SENATE
(In this Index, the figures indicate the numbers of
the Standing Orders)

Subject Standing Order

Address by President and Visiting Dignitary
President’s Address on opening of new Parliament .. 24
President’s Address on Special Sitting ...................... 25
President’s Address to Parliament ............................. 27
President’s Address to the Senate ............................. 28
President entering or leaving Chamber .................... 26
Visiting Dignitary ..................................................... 29
Amendment of Standing Orders
Amendment on the initiative of a Senator .............. 268
Amendment to Standing Orders affecting both
Houses .................................................................... 271
Coming into operation of amendments to Standing
Orders ..................................................................... 272
Consideration of reports of Procedure and Rules
Committee.....................................................................
................................................................................. 270
Periodic review of Standing Orders ........................ 269

244 THE STANDING ORDERS OF THE SENATE

Proposals for amendment by the Procedure and
Rules Committee .................................................... 267
Nomination or Approval for Appointment to Public
Office
Application of Part.................................................... 75
Approval Hearing by a Committee ........................... 77
Nomination for Appointment by the Senate ............. 76
Calendar, Sittings and Adjournments of the Senate
Adjournment of the Senate ....................................... 35
Adjournment on Definite Matter of Urgent National
Importance ................................................................ 37
Hours of Meeting ...................................................... 34
Location of Sitting of a New Senate ......................... 30
Regular Sessions of the Senate ................................. 31
Resumption of Interrupted Business ........................ 36
Senate Calendar ........................................................ 32
Special Sittings of the Senate ................................... 33
Committee of the Whole
Committee of the Whole may not adjourn ............. 182
General application of rules in Committee of the
Whole ..................................................................... 185
Limits on consideration of matters by Committee of

THE STANDING ORDERS OF THE SENATE 245

the Whole................................................................ 181
No debate on Motion for Report ............................ 184
Report ..................................................................... 183
Election of Speaker and Deputy Speaker
Custody of Ballot Papers .......................................... 10
Election of Deputy Speaker ...................................... 13
Election of Speaker..................................................... 4
Election Threshold...................................................... 7
Equality of Votes ........................................................ 9
Nomination of Candidates .......................................... 5
Notification of Opening of Parliament ..................... 14
Secret Ballot ............................................................... 6
Single Duly Nominated Candidate ........................... 11
Swearing-in of the Speaker ...................................... 12
Withdrawal of Candidate ............................................ 8
General
Attendance before a County Assembly................... 253
Attendance before the National Assembly.............. 252
Exemption of business from Standing Orders ........ 251
Expenses of witnesses ............................................ 257
Failure to attend sittings ......................................... 254

246 THE STANDING ORDERS OF THE SENATE

Seating in the Chamber .......................................... 255
Senators travelling outside Kenya .......................... 256
Introductory
In cases not provided for, the Speaker to decide ........ 1
Interpretation .............................................................. 2
Joint Committees of Parliament
Joint Committees of Parliament ............................. 229
Joint Sittings of corresponding committees of the
Senate and the National Assembly.......................... 230
Journals, Records and Broadcast of Proceedings
Broadcast of Senate proceedings ............................ 245
Custody of Journals and Records ........................... 242
Hansard Reports ..................................................... 243
Journals of the Senate ............................................. 241
Secret or personal matters ...................................... 244
Limitation of Debate
Limitation of Debate................................................ 111
Messages
Advisory Opinion by Speaker .................................. 50
Messages from the President .................................... 47
Messages to and from County Assemblies ............... 48

THE STANDING ORDERS OF THE SENATE 247

Messages to and from County Governors ................ 49
Messages to and from the National Assembly .......... 46
Motions
Amendments to be in Writing .................................. 68
Amendments to be relevant to Motion ..................... 69
Amendments to Motions .......................................... 67
Application of Part ................................................... 59
Certain Motions not to be moved ............................. 63
Manner of debating Motions .................................... 66
Motion in possession of the Senate .......................... 71
Motions which may be moved without Notice ......... 65
Moving of Motions in amended form....................... 62
Notices of Motion ..................................................... 60
Question as amended put .......................................... 72
Question proposed after Motion moved ................... 70
Time for moving Motions ........................................ 64
When amendment proposed but not made ............... 73
Withdrawal of a Notice of Motion ........................... 61
Order of Business
Order Paper to be prepared and circulated ............... 43
Sequence of Proceedings .......................................... 45

248 THE STANDING ORDERS OF THE SENATE

Weekly programme of business of the Senate.......... 44
Order in the Senate and in Committees
Action to be taken on refusal to withdraw .............. 126
Appeal against Suspension ..................................... 127
Disorderly conduct ................................................. 121
Duration of suspension of a Senator ....................... 125
Firearms and other offensive weapons .................... 114
Grave disorder in the Senate................................... 128
Gross Disorderly Conduct ...................................... 122
Irrelevance or repetition ......................................... 120
Maintenance of Order .............................................. 112
Security Checks ....................................................... 113
Senators and the Chair ............................................. 117
Senators’ bags .......................................................... 115
Senator may be suspended after being named ........ 123
Senators to be seated................................................ 118
Senators to remain in their places until the Speaker has
left the Chamber ...................................................... 119
Senator suspended to withdraw from precincts of
Parliament ............................................................... 124
When the Speaker rises Senators to be silent .......... 116

THE STANDING ORDERS OF THE SENATE 249

Presiding in the Senate
Discharge of a Senator from Speaker’s Panel........... 21
Presiding in Committees of the Whole ..................... 19
Presiding in the Senate ............................................. 18
Speaker’s Panel......................................................... 20
Private Bills
Application of Public Bill procedure ...................... 171
Bills authorizing construction works ...................... 176
First Reading .......................................................... 177
How Bills may be opposed ..................................... 179
Petition for Leave .................................................. 174
Printing expenses .................................................... 180
Private Bill affecting private rights......................... 173
Right of audience before Committee on opposed Bill .. 178
Saving clause .......................................................... 172
Security for cost of printing .................................... 175
Procedure for Removal from State Office
Priority of Motion ..................................................... 82
Procedure for removal of a Governor ....................... 80
Procedure for removal of Deputy President by
impeachment............................................................. 79

250 THE STANDING ORDERS OF THE SENATE

Procedure for removal of President by Impeachment ..... 78
Right to be heard ...................................................... 81
Procedure on Financial Matters
Consideration of the annual Division of Revenue
Bill .......................................................................... 187
Consideration of the Cash Disbursement Schedule
for county governments .......................................... 189
Consideration of the County Allocation of Revenue
Bill .......................................................................... 188
Presentation of the Budget Policy Statement .......... 186
Procedure on Reports of the East African
Legislative Assembly and the Pan-African
Parliament
Procedure for presentation of reports ..................... 246
Public Access to the Senate and its Committees
Exclusion from the Senate or Committees ............. 249
General provisions on access to the Senate ............ 247
Press representatives infringing Standing Orders or
the Speaker’s Rules ................................................ 250
Restriction of access to the Chamber ..................... 248
Public Bills
Application of Part.................................................. 129

THE STANDING ORDERS OF THE SENATE 251

Bills amending the Constitution of Kenya ............. 140
Bills concerning County Government .................... 141
Bill to be reported ................................................... 154
Committal of Bills to Committees and public
participation ............................................................ 145
Committal of Bills to Committee of the Whole ..... 150
Concurrence on determination on Bills concerning
counties ................................................................... 133
Consideration of Bills originating from the National
Assembly ................................................................ 163
Consideration of National Assembly amendments to
Bills originating in the Senate ................................ 165
Consideration of report of Mediation Committee .. 167
Custody of Bills ...................................................... 168
Enacting formula .................................................... 135
First Reading .......................................................... 144
Introduction of Bills ............................................... 130
Limitation of fundamental rights and freedoms ..... 138
Mediation Committee ............................................. 166
Memorandum of Objects and Reasons ................... 136
Not more than one stage of a Bill to be taken at the
same sitting ............................................................. 142

252 THE STANDING ORDERS OF THE SENATE

Power of Committee on a Bill to amend Bills ........ 147
Presentation of Bills for assent ............................... 169
Pre-publication Scrutiny ......................................... 131
Printing of amending provisions............................. 134
Procedure in Committee of the Whole on a Bill..... 152
Procedure on Bills reported from a Select Committee
on a Bill ................................................................ 156
Procedure on Bills reported from Committee of the
Whole ..................................................................... 155
Procedure on National Assembly Bills after Third
Reading in the Senate ............................................. 164
Procedure upon publication .................................... 132
Procedure upon the re-committal of a Bill ............. 157
Provisions on delegated powers ............................. 137
Publication .............................................................. 139
Questions and Statements Time ................................ 51
Reading of Bills ...................................................... 143
Referral of Bills by the President ........................... 170
Referral of proposed amendments to Select
Committees ............................................................. 149
Re-introduction of Bills .......................................... 160
Reporting by a Standing Committee ...................... 148

THE STANDING ORDERS OF THE SENATE 253

Reporting of Progress ............................................. 153
Second Reading ...................................................... 146
Sequence to be observed on a Bill in Committee
of the Whole ........................................................... 151
Third Reading ......................................................... 158
Withdrawal of Bills................................................. 159
Public Petitions
Comments on petitions ........................................... 237
Committal of Petitions ............................................ 238
Copies of responses ................................................ 239
Form of Petition ...................................................... 235
Notice of intention to present Petition .................... 234
Meaning of Petition ................................................ 231
Petition on Private Bill............................................ 233
Presentation of Petitions ......................................... 236
Register of Petitions................................................ 240
Submission of a Petition ......................................... 232
Questions and Statements
Contents of Questions ............................................. 51B
Contents of Requests for Statements ........................ 55
Non-attendance by Cabinet Secretaries ..................51D

254 THE STANDING ORDERS OF THE SENATE

Personal Statements .................................................. 58
Procedure for asking a Question ............................. 51A
Procedure for Requesting Statements ....................... 54
Questions and Statements Time ................................ 51
Response to Questions by Cabinet Secretaries ....... 51C
Senators’ General Statements.................................... 52
Senators’ Requests for Statements ............................ 53
Statements by Committee Chairpersons ................... 56
Statements by Senate Majority Leader and Senate
Minority Leader ........................................................ 57
Quorum
Quorum during the proceeding of the Senate ........... 41
Quorum of the Senate ............................................... 39
Quorum during Voting or Division ........................... 42
Rules of Debate
Adjournment of debate ............................................ 110
Anticipating Debate .................................................. 99
Closure of Debate .................................................. 109
Contents of Speeches .............................................. 101
Debate on amendment confined to amendment...... 107
Declaration of Interest ............................................ 104

THE STANDING ORDERS OF THE SENATE 255

Matters sub judice or secret .................................... 103
No Senator to speak after Question put .................... 96
Point of Order ........................................................... 98
Proceedings to be in Kiswahili, English or Kenyan
Sign Language .......................................................... 92
Proceedings of Select Committees not to be referred to
100
Reserving rights of speech...................................... 108
Responsibility for statement of fact ........................ 105
Retraction and Apologies........................................ 102
Senators to address the Speaker................................ 93
Senator who has spoken to question may speak to
amendment ............................................................. 106
Speaking twice to a Question ................................... 97
Speeches may not be read......................................... 95
Two or more Senators requesting to speak ............... 94
Select Committees
Committee on Delegated Legislation ..................... 195
Liaison Committee ................................................. 192
Procedure and Rules Committee ............................ 191
Senate Business Committee.................................... 190

256 THE STANDING ORDERS OF THE SENATE

Select Committees - General provisions
Absence of Chairperson.......................................... 212
Adjournment for lack of quorum ............................ 209
Approval of nomination.......................................... 199
Attendance by non-members of Select Committee 219
Chairing of Select Committees and quorum........... 202
Composition of Select Committees ........................ 201
Conduct of election................................................. 203
Criteria for nomination ........................................... 198
Discharge of a Senator from a Select Committee ... 200
Duties of Committee Chairperson .......................... 204
Engagement of experts ........................................... 227
Failure to attend meetings........................................ 211
Frequency of meetings............................................ 210
Joint sittings of Committees of the Senate ............. 226
Limitation of mandate ............................................ 221
List of attendance ................................................... 213
Minutes of Select Committees ................................ 214
Nomination of Members of Select Committees ..... 197
Notice of meetings .................................................. 205
Original vote ........................................................... 218

THE STANDING ORDERS OF THE SENATE 257

Powers and privileges of Committees .................... 215
Procedure in Select Committees ............................. 220
Public access to meetings of Select Committees .... 222
Reports of Select Committees ................................ 223
Reports on Senate Resolutions ............................... 225
Senator adversely mentioned not to sit ................... 208
Sessional Reports.................................................... 224
Sittings of Select Committees................................. 206
Sub-committees of Select committees .................... 207
Temporary absence of a member of a Select
Committee .............................................................. 216
Vote of no confidence in the Chairperson or Vice
Chairperson............................................................. 217
Senate Political Leadership
Deputy Senate Majority Leader ................................ 22
Deputy Senate Minority Leader................................ 23
Deputy Senate Majority Whip .................................. 22
Deputy Senate Minority Whip .................................. 23
Senate Majority Leader ............................................ 22
Senate Majority Whip ............................................... 22
Senate Minority Leader ............................................ 23
Senate Minority Whip .............................................. 23
258 THE STANDING ORDERS OF THE SENATE
Speaker’s Panel ....................................................... 20
Discharge of a Senator from Speaker’s Panel........... 21
Special Motions
Definition of Special Motion .................................... 74
Standing Committees
Appointment and Functions of Standing Committees .
................................................................................. 228
Swearing-in-of Senators
Proceedings on assembly of a new Senate ................. 3
Virtual Sittings
Application of Part.................................................. 258
Convening a virtual sitting ..................................... 259
Powers, privilege and order of virtual sittings ........ 260
Decorum ................................................................. 261
Quorum ................................................................... 262
Voting ..................................................................... 263
Access to public participation and witnesses.......... 264
Receipt and transmission of documents ................. 265
Broadcast of virtual sittings .................................... 266
Voting and Divisions
County Delegations .................................................. 83

THE STANDING ORDERS OF THE SENATE 259

Decorum during division .......................................... 91
Division Claimed ...................................................... 87
Electronic Voting ...................................................... 86
Errors corrected ........................................................ 90
In case of confusion or error ..................................... 89
Roll call voting ......................................................... 88
Voting on a matter other than a Bill.......................... 84
Voting in the Senate .................................................. 85
First Schedule: The Houses of Parliament (Joint
Sittings) Rules (Standing Order 27(7))
Amendments to these Rules .................... 11(Schedule)
Citation ...................................................... 1(Schedule)
Clerks of a Joint Sitting and a Joint Committee 10
(Schedule) Interpretation ........................... 2(Schedule)
Joint Committees of Parliament ................ 9(Schedule)
Summons to Members ............................... 3(Schedule)
Presiding in Joint Sittings ......................... 5(Schedule)
Procedure at Joint Sittings ......................... 7(Schedule)
Quorum ...................................................... 6(Schedule)
Report of proceedings of Joint Sittings 8(Schedule)
Time of Sittings ......................................... 4(Schedule)

260 THE STANDING ORDERS OF THE SENATE

Second Schedule: Rules of Procedure for Removal
of President by Impeachment (Standing order 78)
(Schedule)
Third Schedule: Rules of Procedure for the Hearing
and Determination of the Proposed Removal from
Office by Impeachment of a Governor (Standing
Order 80(8))
Part 1: Rules of Procedure when considering the
proposed removal in Plenary ....................... (Schedule)
Part 2: Rules of Procedure when considering the
proposed removal by way of a Select Committee ........
(Schedule)
Fourth Schedule: Standing Committees
Committee on Agriculture, Livestock and
Fisheries....................................................... (Schedule)
Committee on Devolution and Intergovernmental
Relations ...................................................... (Schedule)
Committee on Education ............................. (Schedule)
Committee on Energy .................................. (Schedule)
Committee on Finance and Budget ............. (Schedule)
Committee on Health ................................... (Schedule)
Committee on Information, Communication and
Technology .................................................. (Schedule)
Committee on Justice, Legal Affairs and Human

THE STANDING ORDERS OF THE SENATE 261

Rights........................................................... (Schedule)
Committee on Labour and Social Welfare... (Schedule)
Committee on Land, Environment and Natural
Resources..................................................... (Schedule)
Committee ................................................................ on
NationalCohesion, Equal Opportunity and Regional
Integration.................................................... (Schedule)
Committee on National Security, Defence and Foreign
Relations ...................................................... (Schedule)
Committee on Roads, Transportation and Housing
(Schedule) Committee on Trade, Industrialization and
Tourism(Schedule)
Fifth Schedule
Form of a Public Petition (Standing Order 235)
(Schedule)
Sixth Schedule: Broadcasting Rules
Application of Rules .................................. 8(Schedule)
Breach of broadcasting Rules .................... 7(Schedule)
External media houses ............................... 6(Schedule)
Parliamentary Broadcasting Unit ............... 1(Schedule)
Parliamentary Privilege ............................. 2(Schedule)
Protection of the dignity of the Senate ...... 5(Schedule)
Radio broadcasting .................................... 4(Schedule)

262 THE STANDING ORDERS OF THE SENATE

Television broadcasting ............................. 3(Schedule)
Seventh Schedule: Oath and Affirmation
Affirmation .................................................. (Schedule)
Oath ............................................................. (Schedule

THE STANDING ORDERS OF THE SENATE 263

 Addendum: Amendments to the Senate Standing Orders
as adopted on Tuesday, 28.05.2024

(i) Standing Order 237 on comments on Petitions

Standing Order 237 be deleted

(ii)Senate Resolution on Petition Reports

Standing Order 238

Standing Order 238 be amended by-

(a) deleting paragraph (2) and substituting therefor the
following paragraph-

(2) Whenever a Petition is committed to a standing

committee, the committee shall, in not more than
sixty calendar days from the time of reading the
prayer, table its report to the Senate for
consideration.

(b) inserting the following new paragraph immediately

after paragraph (2)-

(3) The Senate shall consider a report under

paragraph (2), within fourteen sitting days of its
tabling.

Standing Order 239

That the Senate Standing Orders be amended by deleting
Standing Order 239 and substituting therefor the following -
264 THE STANDING ORDERS OF THE SENATE
 239. Notification to Petitioner
The Clerk shall within fifteen days of the resolution of the
Senate, under Standing order 238, in writing, notify the
petitioner of the decision of the Senate.

(iii) Quorum

The Senate Standing Orders be amended by deleting standing

order 42 and substituting thereof the following Standing
Order –

42. Quorum during Division or Voting

(a) Before taking an electronic vote, roll call division or a

voice vote, the Speaker or Chairperson of the Committee of
the Whole, shall cause a count to be taken of Senators present
in the Senate or the Committee.

(b) If the requisite quorum is –

(i) present, division or voting shall be proceeded
with; or
(ii) not present, standing order 41(2) shall apply.

(c) This Standing Order shall not apply to the process of

voting on procedural motions

(iv) Establish a follow-up mechanism on undertakings by

Cabinet Secretaries on Questions

Standing order 228(4) be amended by inserting the

THE STANDING ORDERS OF THE SENATE 265
 following new sub-paragraph immediately after sub-
paragraph (j)-
(k) follow up and report on the status of commitments
made by Cabinet Secretaries in their response to questions
under Standing Order 51C.

(v) Consideration of legislative proposals

Standing Order 131(1) (b) be amended by deleting the

conjunction “or” appearing at the end of paragraph (a) and
substituting therefor the conjunction “and”.

(vi) Amendment of “Parliamentary party”

Standing Order 2 be amended by deleting the definition of

the term “Parliamentary party” and substituting therefor
the following definition-

“Parliamentary party” means-

a party not in a coalition with another party
consisting of at least five Senators; or
a coalition of parties consisting of at least ten
Senators.

266 THE STANDING ORDERS OF THE SENATE

THE STANDING ORDERS OF THE SENATE 267
 Published By
The Clerk of the Senate,
Parliament Buildings,
Nairobi
THE STANDING ORDERS OF THE SENATE 269