Constitution of Kenya (Repealed) - Kenya Law Reports

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44 Constitution of Kenya[Rev. 2009(b) in the absence of the Speaker, the Deputy Speaker; or(c) in the absence of the Speaker and the Deputy Speaker,such member of the Assembly (not being the President, theVice-President, a Minister or an Assistant Minister) as theAssembly may elect for that purpose.Quorum in NationalAssembly.Powers of Presidentin Parliament.51. If any member of the National Assembly who is present takesobjection that less than thirty members of the Assembly (besides theperson presiding) are present in the Assembly and, after such intervalas may be prescribed in the standing orders of the Assembly, the personpresiding ascertains that there are still less than thirty members of theAssembly present, the person presiding shall thereupon adjourn theAssembly.52. The President shall be entitled -(a) in the exercise of his functions as Head of State, to addressthe National Assembly at any time he thinks fit to do so;and(b) in the exercise of his functions as Head of the Governmentand as a member of the National Assembly, to attend allmeetings of the Assembly and to take part in all proceedingsthereof, and to vote on any question before the Assembly.Officiallanguages.1 of 1975, s. 3,1 of 1979, s. 3.53. (1) Subject to this section, the official languages of theNational Assembly shall be Swahili and English and the business of theNational Assembly may be conducted in either or both languages.(2) Every Bill (including the memorandum accompanying a Bill),every Act of Parliament whenever enacted, all other actual or proposedlegislation under the authority of an Act of Parliament, all financialresolutions and documents relating thereto, and every actual or proposedamendment of any of the foregoing, shall be written in English.(3) In all proceedings of the National Assembly which involvethe discussion of any of the following matters, that is to say, a Bill (including the memorandum accompanying a Bill), an Act of Parliament,other legislation whether actual or proposed, a financial resolution ordocument relating thereto, or an actual or proposed amendment thereof,the wording of the matter shall, as occasion requires, be quoted inEnglish.Voting in Assembly54. (1) Except as otherwise provided in this Constitution, anyquestion proposed for decision in the National Assembly shall bedetermined by a majority of the votes of the members present and
Rev. 2009]Constitution of Kenya 45voting.(2) On a question proposed for decision in the National Assembly,the person presiding in the Assembly shall -(a) if he is the Speaker, have a casting vote but not an originalvote; or(b) if he is not the Speaker, have both an original vote and acasting vote.(3) The standing orders of the National Assembly may makeprovision under which a member who votes upon a question in whichhe has a direct pecuniary interest shall be deemed not to have voted.55. A person who sits or votes in the National Assembly knowingor having reasonable grounds for knowing that he is not entitled to doso shall be liable to a penalty not exceeding five hundred shillings, orsuch other sum as may be prescribed by Parliament, for each day onwhich he so sits or votes, and that penalty shall be recoverable by actionin the High Court at the suit of the Attorney-General.56. (1) Subject to this Constitution, the National Assemblymay-(a) make standing orders regulating the procedure of theAssembly (including in particular orders for the orderlyconduct of proceedings);Unqualified personssitting or votingRegulation ofProcedure in NationalAssembly(b) subject to standing orders made under paragraph (a),establish committees in such manner and for such general orspecial purposes as it thinks fit, and regulate the procedureof any committee so established.(2) Subject to this Constitution, the National Assembly may actnotwithstanding a vacancy in its membership (including a vacancy notfilled when the Assembly first meets after a general election), and thepresence or participation of a person not entitled to be present at orto participate in the proceedings of the Assembly shall not invalidatethose proceedings.57. Without prejudice to the powers conferred by section 56,Parliament may, for the purpose of the orderly and effective discharge ofthe business of the National Assembly, provide for the powers, privilegesand immunities of the Assembly and its committees and members.Powers, privilegesand immunities ofNational Assembly.PART 3Summoning Prorogation and Dissolution of Parliament
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