First County Assembly
Wednesday, 15th February, 2017
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(No.003)
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Fifth Session
Afternoon Sitting
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COUNTY ASSEMBLY OF TANA RIVER (FIFTH SESSION)
ORDER OF THE DAY
WEDNESDAY, FEBRUARY, 15TH, 2017 AT 2.30PM
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PRAYERS
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ORDER OF BUSINESS
1. Administration of Oath
2. Communication from the Chair
3. Messages
4. Petitions
5. Papers
6. Notices of Motion
7. Statements
8. Questions
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9* THE COUNTY ASSEMBLY OF TANA RIVER STANDING ORDERS
AMENDMENTS, 2016 (The Leader of the Majority Party)
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(Committee of the Whole House)
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NOTICES
Notice is given that the Leader of the Majority Party intends to move the following amendments to
the Tana River County Assembly Standing Orders, 2016 at the Committee Stage.
PROPOSED AMENDMENTS
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The Committee therefore recommended the following amendments to the Standing Orders—
1. ENGLISH PRAYER
THAT the English prayer in the standing orders be amended by—
(a) By deleting the word “has” immediately after the words “wisdom and goodness” and substituting
thereof with the word “have”
(b) Deleting the word “republic” immediately after the words “important trusts in this” and
substituting thereof with the word “County”
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2. SWAHILI PRAYER
THAT the Swahili prayer be amended by deleting the word “Jamhuri” immediately after the words
“shughuli muhimu za” and substituting thereof with the word “Kaunti”
3. Standing Order 2
THAT standing order 2 be amended—
(1) By deleting the definition of the expression “Leader of the Majority Party” and substituting
thereof with the following new definition—
“Leader of the Majority Party” means the person who is the leader in the Assembly of
the largest party or coalition of parties under standing order 16
(2) By deleting the definition of the expression “Leader of the Minority Party” and substituting
thereof with the following new definition—
“Leader of the Minority Party” means the person who is the leader in the Assembly of
the second largest party or coalition of parties under standing order 17
(3) By deleting the definition of the expression “Majority Whip” and substituting thereof with the
following new definition—
“Majority Whip” means the Member designated as the Majority Whip by the Majority
Party under standing order 16
(4) By deleting the definition of the expression “Minority Whip” and substituting thereof with the
following new definition—
“Minority Whip” means the Member designated as the Minority Whip by the Minority
Party under standing order 17
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(5) By inserting the following new definitions—
“Deputy Leader of the Majority Party” means the person who is the deputy leader in
the Assembly of the largest party or coalition of parties under standing order 16
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“Deputy Leader of the Minority Party” means the person who is the deputy leader in
the Assembly of the second largest party or coalition of parties under standing order 17
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“Deputy Majority Whip” means the Member designated as the Deputy Majority
Whip by the Majority Party under standing order 16
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“Deputy Minority Whip” means the Member designated as the Deputy Minority
Whip by the Minority Party under standing order 17
“County” means the Tana River County;
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“Chamber” means the chamber in which the proceedings of the Assembly
are
conducted, and includes any galleries and places therein provided for members of the public or
representatives of the press, and any lobbies, offices or precincts used exclusively in connection with
the proceedings of the House;
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“Gazette” means the Kenya Gazette published by authority of the national
government, or a supplement to the Kenya Gazette;
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“House” means the County Assembly of Tana River;
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4. Standing order 4
THAT standing order 4 be amended—
(a) In Paragraph (2) by inserting (b) immediately after the reference “Article 178(2)”
(b) In Paragraph (3) by inserting “(b)” immediately after the reference “Article 178 (2)”
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5. Standing Order 6
THAT Standing Order No 6 be amended by inserting the following new
parag raph 7A
immediately after paragraph seven—
“The Clerk shall declare a vote to be spoilt under sub-paragraph (7) in the presence of
and after inspection by at least two Members representing each of the candidates in the
election.”
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6. TITLE OF PART III
THAT the title of part III be deleted and substituted with the words “DEPUTY SPEAKER/
CHAIRPERSON OF COMMITTEES AND THE CHAIRPERSONS PANEL”
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7. Standing Order 14
THAT The Standing Order be amended by inserting the following new p a r a g r a p h
4A
immediately below paragraph (4)—
“The election of the Deputy Speaker shall be presided over by the Speaker.”
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8. Standing order 15
THAT standing order 15 be deleted and substituted with the following new standing order—
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(1) At the commencement of every session, or from time to time as necessity may arise, the
Speaker shall in consultation with leaders of majority and minority parties of the
Assembly, nominate three members to the chairpersons panel who shall be known
respectively as the First, Second and Third members of the chairpersons panel.
(2) In nominating the members of the Chairpersons panel, the Speaker shall ensure, so far
as practicable, that at least one member of the panel is from either gender.
(3) The Speaker shall submit the list of the members nominated under paragraph (1) to the
House Rules and Business Committee.
(4) The House Rules and Business Committee shall, within seven days of receipt of the
names of the nominees table the list in the assembly for approval.
(5) The members nominated in accordance with paragraph (1) shall constitute the
chairpersons panel and shall be entitled to exercise all the powers vested in the
Chairperson of Committees.
(6) The approval of the First, Second and Third Member of the Chairpersons panel under
this standing order shall be deemed to constitute an election for purposes of Article
178(2) (b) of the Constitution and either the First, Second or Third Member of the
Chairpersons Panel may preside over the House in the absence of the Speaker and the
Deputy Speaker.
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9. NEW STANDING ORDER 15A
THAT the standing order be amended by inserting the following new standing order immediately
after standing order 15
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Discharge of a member from the chairperson’s panel
15A. (1) The Speaker may, in writing to the House Business and Rules Committee give notice, that a
member is to be discharged from the panel.
(2) Within seven (7) days of receipt by the House Rules and Business Committee of a notice under
paragraph (1), the House Rules and Business Committee shall notify the House for a replacement.
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10. PART IV
THAT PART IV of the Standing Orders be deleted and substituted thereof with the following new
Part—
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PART IV –– ASSEMBLY POLITICAL LEADERSHIP
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Leader of the Majority Party, Deputy Leader of the Majority Party, Majority Whip and
Deputy Majority Whip
16(1) The largest party or coalition of parties in the Assembly shall be the Majority Party and shall elect
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(a)a Member belonging to the party or coalition of parties to be the Leader of the Majority Party;
(b)
a Member belonging to the party or coalition of parties to be the Deputy Leader of the Majority
Party;
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(c)
a Member belonging to the party or coalition of parties to be the Majority Whip; and
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(d)
a Member belonging to the party or coalition of parties to be the Deputy Majority Whip.
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(2)
Whenever the Leader of the Majority Party is absent or is unable to perform his or her functions,
the Deputy Leader of the Majority Party shall perform the functions of the office of the Leader of the
Majority Party in an acting capacity;
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(3) In the absence of both the Leader of the Majority Party and the Deputy Leader of the Majority
Party, the Majority Whip shall perform the functions of the office of the Leader of the Majority Party in an
acting capacity.
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(4)
In electing Members under paragraph (1), the Majority 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.
(5)
A Member elected under paragraph (1) may be removed by a majority of the votes of all the
Members belonging to the Majority Party.
(6)
The removal of a Member from office under paragraph (5) shall not take effect until another
Member 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 Leader of the Majority Party or the Deputy Leader of the
Majority Party, by the Majority Whip; and
(b)
in the case of the removal of the Majority Whip or the Deputy Assembly Majority Whip, by the
Leader of the Majority Party.
Leader of the Minority Party, Deputy Leader of the Minority Party, Minority Whip and
Deputy Minority Whip
17(1)
The second largest party or coalition of parties in the Assembly shall be the Minority Party and
shall elect––
(a)
a Member belonging to the party or coalition of parties to be the Leader of the Minority Party;
(b)
a Member belonging to the party or coalition of parties to be the Deputy Leader of the Minority
Party;
(c)
a Member belonging to the party or coalition of parties to be the Minority Whip; and
(d)
a Member belonging to the party or coalition of parties to be the Deputy Minority Whip.
(2)
Whenever the Leader of the Minority Party is absent or is unable to perform his or her official
duties and responsibilities, the Deputy Leader of the Minority Party shall be in charge and in the absence of
the Deputy Leader of the Minority Party, the Minority Whip or the Deputy Minority Whip shall be in charge
of those duties and responsibilities in an acting capacity.
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(3)
In electing Members 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 Member elected under paragraph (1) may be removed by a majority of the votes of all
Members belonging to the Minority Party.
(5)
The removal of a Member from office under paragraph (3) shall not take effect until another
Member 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 Leader of the Minority Party or the Deputy Leader of the
Minority Party, by the Minority Whip; and
(b)
in the case of the removal of the Minority Whip or the Deputy Minority Whip, by the Leader of
the Minority Party.
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11. Standing order 24
THAT standing order 24 be amended in paragraph (1) by deleting the word “Thursday”
immediately after the words “and terminate on the first” and substituting thereof with the word
“Wednesday”
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12. Standing order 27
THAT standing order 27 be amended by—
(a) deleting paragraph (1) and substituting thereof with the following new paragraph—
(1)Unless the Speaker, for convenience of the House otherwise directs, the Assembly shall
meet at 9:30 a.m. on the occasion of a morning sitting and at 2. 30 p.m. on the occasion
of an afternoon sitting, on Tuesday and Wednesday, but more than one sitting may be
directed during the same day.
(b)Deleting paragraph 2 and substituting thereof with the following new paragraph—
(2)Unless for the convenience of the house the speaker or the chairperson of committees (as
the case may be) directs earlier or later interruption of business, at 6.00 p.m. on the
occasion of an afternoon sitting and at 12.30 p.m. on the occasion of a morning sitting,
the speaker or the chairperson of committees shall interrupt the business then under
consideration and if the House is in Committee, the Chairperson of Committees shall
leave the chair and report progress and ask leave to sit again
13. Standing order 29
THAT the standing order 29 be amended in paragraph (2) by deleting words the “speaker may
forthwith put the question thereon or decline to propose it” and substituting thereof with the
words “the speaker may decline to propose or put the question thereof.”
14. Standing order 50
THAT the standing orders be amended by deleting Standing order 50 and substituting thereof with
the following new standing order—
Committal to committees
50. (1) Upon receipt of a notification for appointment to an office as is under the
Constitution or any other legislation required to be approved by the House, the nomination
shall stand committed to the relevant Sectoral Committee, or such other committee of the
House, as the Speaker may direct, for consideration.
(2) Despite paragraph (1), appointments under Article 179(2) (b) of the Constitution shall
stand committed to the Committee on Appointments.
(3) before holding an approval hearing, the Committee to which the proposed appointments
have been referred shall determine the place and time for the approval hearing which shall
not be later than seven days from the date of committal of the notification to the committee.
(4) the Clerk shall notify a candidate of the time and place for the holding of an approval
hearing by notice in at least two newspapers of national circulation and by writing and such
other form of communication as the Clerk shall consider appropriate at least seven days
prior to the hearing.
(5) at the conclusion of an approval hearing, the committee shall prepare its report on the
suitability of the candidate to be appointed to the office to which the candidate has been
nominated and shall include in the report such recommendations as the committee may
consider necessary.
(6) unless otherwise provided in any law, a committee shall consider a nomination and table
its report in the House for debate and decision within fourteen sitting days from the date on
which the committee first sits to consider the nomination.
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15. Standing order 52
THAT standing order 52 be amended in paragraph (3) (f) by deleting the words “pursuant to Section
21(3) of the County Governments Act, 2012” immediately after the words “relevant Committee of
the House”
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16. Standing Order 66
THAT standing order 66 be amended–
(i) In paragraph(1) (b) by deleting the word “and/or” and substituting thereof with the word “and”
(ii)By deleting paragraph (2) and substituting thereof with the following new paragraph—
Unless the Constitution, any written law or these standing orders specify a lesser or further
period, a Special Motion under standing order 66(1) (b) shall be—
(a) Upon approval of a motion by the speaker, the motion shall be tabled in the House within
two (2) days, and if not, such motion shall not be moved again in three months, except with
the Consent of the speaker
Provided that if the last day of the two days is not a sitting day, the motion shall be tabled on
the next available sitting day
(b) A member who has obtained the approval of the Speaker to move a special motion shall give
a seven (7) day notice
(c) Upon the expiry of seven (7) days, after notice given, the motion shall be placed on the order
paper and shall be disposed of within three (3) days
Provided that if the House is not sitting, the speaker shall summon the Assembly to meet on
and cause the motion to be considered at that meeting after notice has been given.
(d) When the motion has been passed, the Assembly shall within seven (7) days appoint a
special committee to investigate the matter; and shall within 10 days, report to the Assembly
on whether it finds the allegations for the removal from office to be substantiated.
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17. Standing Order 73
That the Standing Order be amended—
(i) By deleting paragraph (1) and substituting thereof with the following new paragraph(1) Before giving notice of motion under section 40 of the County Governments Act, 2012,
the Member shall deliver to the clerk a copy of the proposed motion in writing stating
the grounds and particulars upon which the proposal is made, for requiring the Governor
to dismiss a member of the County Executive Committee on any of the following
grounds—
(a) incompetence;
(b) abuse of office;
(c) gross misconduct;
(d) physical or mental incapacity rendering the executive committee member incapable
of performing the duties of that office; or
(e) gross violation of the constitution or any other law.
(ii) By inserting the following new paragraph immediately after paragraph 1—
(2) The notice of motion under paragraph (1) shall be signed by the member and the clerk
shall submit the proposed motion to the speaker for approval.
(iii)In paragraph 2 by deleting the words “three (3)” immediately after the words “shall give a” and
substituting thereof with the words “seven (7)”
(iv) Paragraph 3 by deleting the word “three (3)” immediately after the words “Upon the expiry of ” and
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substituting thereof with the words “seven (7)”
(v) In paragraph 4 by—
(a) by deleting the words “one-quarter” appearing between the words “at least” and
“of all members” in the third line and substituting thereof with the words “onethird”
(b) by deleting the word “seven” appearing between the words “within the” and the
words “days’ notice” in the fourth line and substituting there the word “three”.
(vi) Paragraph 6—
(a) By deleting the word “special” immediately after the words “appoint a” and substituting thereof
with the word “select”
(b) by deleting the words “ a third of the” appearing between the words “Committee comprising”
and “Members to” in the third line and substituting thereof with the word “five”
(vii)paragraph 10 by deleting the words “the member shall be considered dismissed” and
substituting thereof with the words “the Governor shall dismiss the County Executive
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Committee Member”
18. Standing order 77
THAT standing order 77 be amended in paragraph (2) by inserting the words “or any other law”
immediately after the words “the Constitution”
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19. Standing order 78
THAT standing order be amended by deleting paragraph (5) and substituting thereof with the words
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(5 ) when called out, each Member shall, thereupon rise in his or her place and declare
assent or dissent to the question in the following manner, I vote Yes or, I vote No, or I
abstain, use appropriate language pursuant to standing order 82 or whatever method
convenient to members with disabilities of a special nature.
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20. Standing order 119
THAT standing order 119 be amended in paragraph (5) by deleting “Article 119 of the
Constitution” immediately after the words “a citizen pursuant to” and substituting thereof with the
word “section 15 of the County Governments Act”
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21. Standing order 143
THAT standing order 143 be amended in paragraph (3) by deleting the word “section” immediately
after the words “procedures under this” and substituting thereof with the word “Standing
Order”
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22. Standing order 144
THAT standing order 144 be amended in paragraph (2) by deleting the word “he/she” immediately
after the words “assents to a bill” and substituting thereof with the words “he or she”
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23. Standing Order 161
THAT order 161 be amended –
(a) In paragraph (1) sub-paragraph (b) by inserting the words “ who shall be the vice chairperson”
immediately after the words “the Deputy Speaker”
(b) By inserting a new sub-paragraph immediately after sub-paragraph (7)—
(7a) The quorum of the House Rules and Business Committee shall be one half of the
members of the Committee, but the Speaker shall not be counted for purposes of quorum
and shall not vote.
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24. Standing order 168
THAT Standing order 168 be amended by deleting the words “paragraph (2) of ” immediately after
the words “Subject to”
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25. Standing order 195
THAT standing order 195 be amended by inserting the following new paragraphs immediately after
paragraph (2)
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(2a) The Committee on Appointments shall elect a Vice Chairperson from amongst its
Members.
(2b) The Committee on Appointments shall consider, for approval by the House, appointments
under Article 179(2) of the Constitution.
(2c) The quorum of the Committee on appointments shall be one half of the members of the
Committee, but the Speaker shall not be counted for purposes of quorum and shall not vote.
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26. Standing order 197
THAT standing order 197 be amended by deleting paragraph (4).
27. Standing order 213
That standing order 213 be amended in paragraph (2) by deleting the word “subsection”
immediately after the words “the register of Petitions” and substituting thereof with the word
“paragraph”
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28. Standing order 217
THAT standing order 217 be amended by deleting the word “Speaker” immediately after the words
“under this Standing Order the” and substituting thereof with the word “Chairperson of the
Committee”
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29. Standing order 218
That standing order 218 be amended in—
(a) Paragraph (3) by deleting the word “subsection” and substituting thereof with the word
“paragraph”
(b) Paragraph (4) by deleting the word “subsection” and substituting thereof with the word
“paragraph”
(c) Paragraph (5) by deleting the word “subsection” and substituting thereof with the word
“paragraph”
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30. Standing order 219
THAT standing order 219 be amended in paragraph (8) by deleting the word “subsection” and
substituting thereof with the word “paragraph”
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31. SECOND SCHEDULE
THAT the second schedule be deleted and substituted thereof with the following new schedule
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SECOND SCHEDULE
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SECTORAL COMMITTEES
[Standing Order 193]
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Sectoral Committee
Subject Area
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All matters relating to agriculture, including, irrigation, crop
Land, Agriculture and Irrigation
husbandry, plant disease control; soil and water conservation;
land survey and mapping; boundaries and fencing.
Health and
Sanitation
All matters relating to County health services, including, in
particular County health facilities and pharmacies, ambulance
services, promotion of primary health care, licensing and control
of undertakings that sell food to the public, cemeteries, funeral
parlours and crematoria and refuse removal, refuse dumps and
solid waste disposal; and sanitation services.
Culture, Social
Services and Gender
All matters relating to cultural activities and local heritage with
keen interest on gender issues; public entertainment and public
amenities, including cinemas, video shows and hiring; libraries,
museums; County parks, beaches and recreation facilities;
control of drugs and pornography; ensuring and coordinating
the participation of communities and locations in governance at
the local level and assisting communities and locations to
develop the administrative capacity for the effective exercise of
the functions and powers and participation in governance at the
local level regardless of gender.
Transport, Roads, Energy
and Public Works
All matters relating to County transport, including County roads,
street lighting, traffic and parking, public road transport and
ferries and harbours, excluding the regulation of international
and national shipping and matters related thereto; County public
works and services including housing; storm water management
systems in built-up areas; electricity and gas reticulation and
energy regulation; fire fighting services and disaster
management.
Trade, Industry
and Tourism
All matters relating to trade development and regulation
including markets, trade licences (excluding regulation of
professions), fair trading practices, betting, casinos and other
forms of gambling, racing, liquor licensing; and local tourism.
Education, Vocational
Training, ICT & Sports
All matters relating to pre-primary education, village
polytechnics, home craft centres; childcare facilities; youth and
sports activities and facilities; ICT services; and matters that may
relate to the National Youth Service requiring County
Government in-put.
Livestock and Fisheries
All matters relating to Livestock including animal husbandry,
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livestock sale yards, County abattoirs, animal disease control;
veterinary services (excluding regulation of the profession);
animal control and welfare, including licensing of dogs and
facilities for the accommodation, care and burial of animals; and
fisheries.
Finance, Planning and
All matters relating to County planning and development
including; statistics; banking and financial services fully or
Development
partially owned by the Tana River County Government; and
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cooperative development.
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All matters relating to the implementation of specific National
Water, Environment and Natural
Resources
Government policies on natural resources and environmental
conservation including mining, water conservation and forestry,
control of air, water and noise pollution, other public nuisances
and outdoor advertising; and water services.
County Public Service and
All matters relating to oversight of County and Administrative
Administration
services and their delivery
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10* MOTION - (MEMBER FOR GARSEN WEST)
THAT, aware that the National Government initiated a one million acre irrigation project at Galana
in Tana River; further aware that the residents of Tana River who keep livestock highly depend on
the land which Galana sits; cognizant of the mandatory requirement of public participation and
approval by the County Government of such like projects; pursuant to Section 114 of the County
Governments Act, 2012; concerned that no public participation has been conducted in regards to
the project; further concerned that the County Assembly of Tana River never considered nor
approved this multi billion project; noting that the lease hold for Galana expired in the year 2012
and that the then County Council of Tana River declined to extent the lease hold, this House urges
the County Government of Tana River to engage the National Government and the National Land
Commission in a bid to revert the land to the community.
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* Denotes Order of the Day *