Kenyan Constitution: Chapter Eight, Part 5, Article 123 to 125

Parliament’s general procedures and rules
Article 123: Decisions of Senate
(1) On election, all the members of the Senate who were registered as voters in a particular county shall collectively constitute a single delegation for purposes of clause (4) and the member elected under Article 98 (1) (a) shall be the head of the delegation.
(2) 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.
(3) When the Senate votes on a matter that does not affect counties, each senator has one vote.
(4) Except as provided otherwise in this 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, in the 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.
Article 124: Committees and Standing Orders
(1) Each House of Parliament may establish committees, and shall make Standing Orders for the orderly conduct of its proceedings, including the proceedings of its committees.
(2) Parliament may establish joint committees consisting of members of both Houses and may jointly regulate the procedure of those committees.
(3) The proceedings of either House are not invalid just because of-
(a) a vacancy in its membership; or
(b) the presence or participation of any person not entitled to be present at, or to participate in, the proceedings of the House.
(4) When a House of Parliament considers any appointment for which its approval is required under this Constitution or an Act of Parliament–
(a) the appointment shall be considered by a committee of the relevant House;
(b) the committee’s recommendation shall be tabled in the House for approval; and
(c) the proceedings of the committee and the House shall be in public.
Article 125: Power to call for evidence
(1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.
(2) For the purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court –
(a) to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise;
(b) to compel the production of documents; and
(c) to issue a commission or request to examine witnesses abroad.
Read: Kenyan Constitution: Chapter Eight, Part 5, Article 117 to 122
About Juma
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