August 31, 2017 SENATE DEBATES Thursday, 31st August, 2017

“LEGAL NOTICE No.220 THE CONSTITUTION OF KENYA FIRST SITTING OF THE SENATE

On a point of order, Mr. Clerk. The Clerk of the Senate (Mr. Nyegenye) : Yes, Sen. Orengo.

Thank you, Mr. Clerk. I have a small house keeping matter. Mr. Clerk and the chair of these proceedings, you are aware about the provisions relating to leadership and integrity as contained in Chapter Six of the Constitution. Was there any process undertaken to make sure that those who apply for the position of Speaker actually would not undermine the authority of the Senate? This is by ensuring that there are no pending decisions against any of the applicants or no adverse finding against any particular candidate.

Mr. Clerk, it would be terrible if at any one time the person who occupies the position of the Chair of this House has matters which were still pending or any adverse findings made by the previous Senate. That would undermine the authority of the House. I just wanted as a matter of clarity to know whether there has been compliance with the Chapter on Leadership and Integrity and that the House undertook a leadership and integrity test before putting the names before us for the process of electing the Speaker.

Thank you.

Mr. Clerk, on the matter raised by Sen. Orengo I want clarification whether it is in order for him to bring up issues of Chapter Six, knowing well that the issue of election of Speaker is governed by the Constitution and is specifically provided for. Therefore, we cannot introduce general provisions of the Constitution on a matter which has specific provisions of the same Constitution.You will use general provisions, for example, Chapter Six when there are no specific provisions. Therefore, we will be starting on a wrong footing if we introduced the general provisions of Chapter Six

all the judicial remedies of appeal following such a conviction.

Thank you Mr. Clerk. I am particularly concerned because this Senate is like the High Court, we deal with record and everything we do is on record. On the qualification of a Speaker, your duty is to ensure that the person is qualified under Article 106 and the Standing Orders. That person should also be qualified to be a Member of this House.

My concern is that this House discussed one of the candidates at great length and passed a resolution concerning that person and their work as Governor of Bungoma County. For the record, I am holding the report of the Standing Committee of Finance and Budget tabled in this House on 5th April, 2017. There are 10 recommendations in this report. I am only concerned with Recommendation No. 10 which reads as follows:

“In the event that the allegations being investigated by the Ethics and Anti- Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) are substantiated, the Governor should be dismissed or otherwise be removed from office as contemplated under Article 75 (2) of the Constitution.”

First, I am not aware of what the Senator for Tharaka Nithi, Sen. (Prof.) Kindiki is talking about, that there has been any sort of clearance by a court in this country. If that was the case, that document should be tabled. Alternatively, you should tell us whether that document was tabled before you at the time that you qualified Lusaka Kenneth as a candidate capable of becoming a Speaker of this House.

My concern is as follows and it is fair that you clarify. Since this was a report of April, 2017, in the event that these two bodies find that Governor Lusaka is culpable, what are we supposed to do if he is sitting on the Chair as the Speaker? It is fair that you tell this House and the nation; and under The Fair Administrative Action Act, you are under obligation to give us reasons of your decision. Sitting as a Clerk, where you are the presiding officer, you are then acting in a quasi-judicial capacity. I have not said that anybody has been adjudged guilty or not; but we are bound by our decisions as a Senate. I am not aware that if the decisions of the last Senate were passed, then they are not binding on this House. As far as I am concerned, they are binding.

Mr. Clerk, you have put us in such a position that we might have to have our Speaker step aside while we are discussing him. Alternatively, when the Committee on Implementation is implementing this Report, we will be put in the crosshairs because we do not know what we are supposed to do. So, mine is to seek clarification. I am aware of

record of the Senate, which you are well aware of.

The Clerk of the Senate (Mr. Nyegenye): Proceed, Sen. Outa Fredrick Otieno.

Mr. Clerk, I want to follow up on what we discussed yesterday on the definition of the threshold required to elect the Speaker of the Senate. As from yesterday, you were not very clear.

The Clerk of the Senate (Mr. Nyegenye) : Sen. Outa, please resume your seat. It is appropriate that we prosecute and dispose of the point of order that was canvassed by Sen. Orengo. The matter that you now put forward is a different matter and if we proceed in that manner, we will not be able to properly dispose of the business. Shall we be limited at this point to the specific matter that has been put forward and for which a determination has been sought by Sen. Orengo?

Proceed, Sen. Linturi Franklin Mithika.

Mr. Clerk, I rise to speak on this particular matter. I would like to urge the Senators to live for the spirit and by the oath of office that we have just taken. I have listened very carefully to what Sen. Orengo has said and the replies by Sen. (Prof.) Kindiki and Sen. Mutula Kilonzo Jnr. I have also looked at what the Constitution provides for under Article 50 on matters related to fair hearing. I have also looked at what the Constitution provides for under Article 73 (2) on matters related to elected state officers. I have also listened to what Sen. Mutula Kilonzo Jnr. has said regarding the report that was deliberated on by this Senate. If I understood him clearly, because I have not had the advantage of looking at the report, he says that in the event that the allegations are substantiated, then that particular state officer should have been removed from office by the application of Article 75 if my memory serves me right.

In the absence of investigations having been completed and in the absence of this gentleman having been found culpable by the due process of law, then it will be very unfair for us to condemn him before the application of due process. I plead with Senators that where a matter has not been decided--- I would want anybody to reason out, assume that we deny this gentleman an opportunity to run for Office of Speaker, then these investigations are done and he is not convicted or found to have not been culpable, what will happen? The position will have gone. Since there are options of getting a State officer from office as provided by Article 251, I would persuade my dear colleagues to find that it is only necessary, for now, to allow the Senate to conduct the election of the Speaker other than dwelling on this issue.

I understand these issues are important and mean a lot. However, until such a time that these matters are concluded in accordance with law, then we cannot continually speculate the outcome of these investigations.

Thank you, Mr. Clerk. First, I congratulate my colleagues for being elected and sworn in. Second, I think we are starting on the right note as Senators, being vigilant of issues that we think may hamper our performance or affect the running of this House in any way. That is forward looking and progressive.

I congratulate my learned senior, Senior Counsel, Sen. Orengo, for bringing up this matter. However, we also have fidelity to the law. Article 106 of the Constitution makes it succinctly clear that for one to qualify to be a Speaker, it must be as provided by

Standing Order No.6.

Now, we have a very important and privileged position because if this Senate had wanted to have their Speaker to, first, come with a clearance from the Ethics and Anti- Corruption Commission (EACC), courts and certain forms from certain institutions, nothing would have been easier than to include that in the Standing Orders. Luckily, Sen. Orengo led the process of revising these Standing Orders. He played a very important role in coming up with these Standing Orders. I want to concede that Sen. Orengo first came to Parliament when I was being born and so he is not a man of little experience. He became an advocate when I was still a minor. So, he was not wrong in leading this process and coming up with Standing Order No.6. Had he foreseen a situation where we needed this, he would have included it here and we would have passed it in this House – at least the privileged few of us who came back here. For me, in the first place, we go to the principles and provisions of the law.

Secondly, Sen. Mutula Kilonzo Jnr. is talking about a situation of conflict of interest where you find yourself in the House and a report relating to you coming in. The Standing Orders are very clear. It is not only applicable to the Speaker. You could be a chairman of a Committee and the situation is being discussed where there is a conflict of interest. In fact, the Constitution and the Standing Orders require every Member, even before debating on a matter on the Floor of the House, to first declare where he or she has an interest in a Bill or he or she does business in an area being debated on. That is not new.. Any other time that we find the Speaker in a situation of conflict of interest, the Standing Orders have made provisions for handling that. There is a Deputy Speaker and the Speaker’s Panel. There is also a procedure of removing not just the Speaker but all the elected Senators.

Lastly, we are in an extremely privileged position that we are the voters. I have seen the box that has been put but I have not seen the equivalent of forms 34A and 34B. However, I believe that we are moving to that stage. My point is that we are in the most privileged position. If you think that you do not trust or believe in any of the candidates that has been provided, we have a chance to make that decision by voting. That is the privilege that we have been given.

Above all, we welcome many of the newly elected Senators. Those of us who were here before agreed that this is a very sober House. We must handle our affairs in a very sober manner and look at it as per the law. I believe that as a country, we must move forward. I ask Senators that let us not shoot ourselves. I know a few Senators here who have gone through legal processes where courts have recommended their prosecution or a Committee said so-and-so should be charged. Senior lawyer, Sen. Okong’o Omogeni, senior counsel Sen. Amos Wako, senior professor and my teacher, Sen. (Prof) Kindiki and many other lawyers who are here know that presumption of innocence is so key that it had to be in our Constitution. This was to ensure that you protect people from mob lynching and so forth.

To the best to my submission without mentioning any individual, we must carry out this issue in a very sober manner. Sen. Wetangula, I do not know why you are not senior counsel yet. You should be one because you are a senior lawyer. You can

forward together.

The Clerk of the Senate (Mr. Nyegenye): We have important business ahead of us and we have four Senators who have not spoken to this matter. We will allow them and after that, we must make a determination and move forward.

Mr. Clerk, if you hear the submissions that have been made on the Floor of this August House, you think there is a candidate deemed to win. Nothing can be further from the truth. However, every candidate who has presented himself for this exercise stands a chance to be elected scrutiny by virtue of the votes that we will cast.

Article Seven of the Constitution on Fair Administrative Action is very clear. I would want to imagine of that same law, that it is very clear in the provisions on enabling legislation. We must exhaust all means of appeal if at all one is to be found guilty or convicted. He needs to be given explanation why, for example, some of these conclusions may be made by whatever body or committee that would make such a decision.

Mr. Clerk, the work of Parliament is not to convict. Our work is not to cast aspersions. In our parliamentary committees, we may look at each case based on its own merit. Therefore, if any candidate was to be found guilty or convicted after exhausting all forms of appeal or redress, then it is very clear that such convictions would have him found to be unfit to hold public office and he would vacate it. However, if that was not to happen and it has yet to happen, then this House cannot rely on inclusive procedures. Indeed, we are supposed to uphold the rule of the law. In fact, it is because of that same reason that Kenyans have found it fit that we be bestowed the privilege of being lawmakers.

Mr. Clerk, I urge this hon. House to go ahead and allow us to exercise our mandate of electing our Speaker who will preside over the affairs of this House for the common benefit of all Kenyans.

Thank you, Mr. Clerk, for giving me this chance. I felt the need to speak on this issue because I happen to have served in the last Session of the Senate in the Committee on Finance, Commerce and Budget that looked into this matter. We heard submissions from the governor as well as from the petitioners. When I saw the trail of thinking that was set before us, I felt the need to speak so that my colleagues Senators that are here today, whose minds may get clouded by the kind of innuendos being created about a certain candidate, may have a clear view of what may have happened and, therefore, not be unduly influenced to vote against a certain candidate.

I want to confirm from the onset the recommendations that have been read by Sen. Mutula Kilonzo Jnr.. Yes, we drafted those recommendations, but at no point did we meet as a Committee to ratify them. We were set to meet and discuss them so that we agree, but we lacked quorum. Be that as it may, we were supposed to table the report and have it properly debated.

Second and most important is that the said person whose conduct is about to be discussed right here has served this country as a Provincial Administration Officer, Permanent Secretary (PS) in a cabinet Ministry and also as a governor. To reduce his entire Curriculum Vitae (CV) and only judge him based on the misconduct of his two or three officers who served under his administration, is a serious travesty on human

are being created by our colleagues.

The Clerk of the Senate (Mr. Nyegenye): Hon. Senators, every person speaking right now is speaking on a point of order. We have difficulties on point of orders.

Thank you, Mr. Clerk. I stand to seek a clarification from my colleague who raised this issue. I served in the National Assembly in the Eleventh Parliament. This is a House of rules and order. We have the Standing Orders that guide every business that is transacted here. For example, Standing Order Nos. (4) and (5) on the Election of the Speaker and the Deputy Speaker stipulates the procedures to be followed. Therefore, reading these Standing Orders - and I believe the newly elected Senators who have just joined us, have also read them - there is no indication that the candidates vying for these positions needed to present clearance from those other institutions.

I also want to comment on the issue of the independent constitutional institutions in our country. If a candidate is accused of misconduct or misappropriation of funds from an institution he was serving, then the court should issue on order on how to handle him. Therefore, we should stick with our Standing Orders as they are now. If there is need for us to change the Standing Orders - which I believe we have the power to do so – then before the presentation of the nomination papers, a candidate should be asked to clear himself or herself with those other constitutional institutions.

I beg to stop here. The Clerk of the Senate (Mr. Nyegenye) : Finally, Sen. Mwangi Paul Githiomi.

Mr. Clerk, I do not intend to talk. The member of staff is showing me how to operate the machine.

On a point of order, Mr. Clerk. Is it in order for my friend Sen. Cheruiyot to mislead this House that the report of the Committee on Finance, Commerce and Budget was not approved whilst the correct position is that before a Paper is laid before the Senate, your office confirms first that the appropriate signatures are on that report, quorum had been attained in the Committee on Finance, Commerce and Budget, and the Speaker then seated here, would not have approved and allowed that document to be tabled here and go a step further to be discussed across the political divide where we condemned the actions of the governors of misappropriating resources?

The Clerk of the Senate (Mr. Nyegenye) : I rule in your favour in that point of order because I have the report which you have referred to. It was laid on the Table of the House and the appropriate signatures had been appended. I think that disposes of that particular aspect of the matter.

Hon Senators, the business before us is of tremendous importance. The point of order raised by Sen. Orengo is one that is of critical importance; it goes to the heart of the order in which we had commenced. We have begun the process for the election the Speaker. The point of order raised by Sen. Orengo is a question of eligibility of a candidate or candidates in light of Chapter Six of the Constitution on Leadership and

case the presiding officer for the purpose of the election, is satisfied that the persons who have been put forward for elections, have been nominated and will, therefore, appear on the ballot paper, are eligible in terms of Chapter Six on Leadership and Integrity.

It is instructive to note that this Chapter applies equally to State officers. It is not different in respect of a Member of Parliament (MP), other State officers or constitutional office holders; it applies equally. That is an important point that we need to observe.

Sen. (Prof.) Kithure Kindiki, as I have it, has urged that the matter is governed by the Constitution and that because there are specific provisions of the Constitution, we need to proceed by those. A matter of eligibility or ineligibility would need to be exhausted in the judicial process and a person be held to be ineligible only on account of having been convicted and even so, exhausted the process of appeal.

Sen. Mutula Kilonzo Jnr. has drawn our attention to a report in which certain recommendations were made. I think I will spend a minute or so, on that position just to bring to the attention of this Senate the nature and significance of the report which Sen. Mutula Kilonzo Jnr. has drawn the attention of the Chair to.

This was a report of the Senate Standing Committee on Finance, Commerce and Budget on a Petition by residents of Bungoma County. The manner of disposal of a petition is provided for under our Standing Orders, specifically Standing Order No.226 which provides that every Petition presented or reported stands committed to the relevant Standing Committee which is why it was committed to them. They are required in not more than 60 days from the reading of the prayer to respond to the petitioner by way of a report addressed to the petitioner(s) and laid on the Table of the Senate, and no debate on or in relation to the report shall be allowed but the Speaker may allow comments or observations in relation to the Petition for not more than 30 minutes.

It is therefore important to understand that a report on a petition is not adopted by the House. So, the insinuation that this report was adopted by the Senate is not correct. The Senate does not adopt reports on petitions. Reports on petitions are addressed to petitioners and only observations are made thereon. So, we do not have a report adopted by the Senate in the terms that were stipulated.

Sen. Linturi referred us to Article 50; basically that there ought to be due process and that no person be condemned without having exhausted the process. We were similarly urged by Sen. Mwaura on the matter of fair administrative action.

According to Sen. Murkomen on the matter of the qualifications being stipulated and that if specific stipulations such as a requirement for certain clearances were required, nothing would have been easier than to provide so specifically and also the matter of presumption of innocence.

Sen. Seneta talked about the issue of procedure and the independent institutions. Hon. Senators, taking one thing with another, the provisions on the election of the Speaker and the qualification thereon are set out at Article 106 of the Constitution which provides as follows:-

“(1) There shall be—

recourse to eligibility to vie as a Member of Parliament (MP). There are institutions which are responsible for determining eligibility for one to vie as an MP. Therefore, in this case, the Office of the Clerk had recourse to the Independent Electoral and Boundaries Commission (IEBC) asking whether all the persons who had presented themselves for nomination were eligible to vie as MPs. The body with the infrastructure and were vital to make a determination of eligibility under our Constitution for one to vie as an MP is the IEBC. We had recourse to them, and their response in respect of each of the persons who is listed on the ballot was that they are eligible to vie as MPs. Indeed, some of them vied for the position of MP.

Every person would readily agree that it is not a requirement that prior to putting yourself forward for election for the position of Speaker or for that matter any other, that there be no allegation that has ever been made against you.

Chair will proceed to the booth nearest to them and those on the right side of the Chair will proceed to the booth nearest to them.

I now direct that a ballot paper be issued to each Senator who comes to the Table to obtain it. To facilitate this process the name of each Senator will be called out following which you will come to the table on my extreme left and obtain a ballot paper. Each Senator will then proceed to either of the two polling booths which are clearly marked. I think we have gone through that.

On a point of order, Mr. Clerk. The Clerk of the Senate (Mr. Nyegenye) : What is your point of order, Sen. Kajwang?

Mr. Clerk, with a lot of respect, you have made an order on the issue of cameras but, if you look at the positioning of the booths, they are right under the Closed Circuit Television System (CCTV) of Parliament. If you look at the booth on this side, it is right under that camera and the booth on the other side is right under the camera.

Yesterday, a Member raised an issue out of history. This is not an idle concern; in the past such things that were supposed to be secret were subjected to undue scrutiny. Could you order the re-organisation of these booths so that they are away from the focus of the two cameras in the House?

The Clerk of the Senate (Mr. Nyegenye) : Sen. M. Kajwang, that is a legitimate concern. There is every intention that the ballot be in secret. Therefore, we will make such adjustments as are necessary to assure you.

Where they have been moved, they are clearly out of the range of the cameras. Thank you for that concern. It was legitimate. It is a secret ballot in every sense. So, shall we begin then?

accordance with the rules, this is to be provided upon return of the first ballot paper. Please, return it. We should destroy it.

Order, hon. Senators. Let me direct that the ballot which is spoilt be destroyed. Please, issue another ballot paper.

The papers should be displayed to all the agents and placed aside.

(The Clerks- at- the-Table proceeded to count the votes)

you shall seal.

Ledana Olekina is the agent for Hon. Farah Maalim.

(On arrival of Hon. Lusaka in the Chamber, he was escorted to the Chair by Sen. (Prof) Kindiki and Sen. Murkomen) (On arrival at the Chair, the Clerk thereupon administered the Oath of Allegiance to the Speaker-elect, Hon. Lusaka) (The Speaker, Hon. Lusaka, then took the Chair, and the Mace, which before lay under the Table, was placed upon the Table)

You may take your seats, hon. Senators.

Hon. Senators, distinguished guests, ladies and gentlemen; I am humbled and overwhelmed by the great honour and privilege you have bestowed upon me by electing me as your Speaker of the Second Senate of the Republic of Kenya under the Constitution of Kenya 2010. The immense confidence and trust that you have placed on me today profoundly humbles and makes me proud at the same time. I, therefore, accept with humility and pledge that I shall perform to my utmost ability the constitutional responsibilities and duties of the office of the Speaker of the Senate for the next five years with diligence and appropriate tact.

extend congratulations to our sister House, the National Assembly, and wish them every success as we begin the national duty of jointly steering our beloved country to greater heights.

I cannot forget our governors, county assembly speakers, Members of County Assemblies (MCAs); I wish them all the best. Kenyans from all walks of life deserve a huge pat on the back for demonstrating to the entire world that we have a mature and vibrant democracy following the peaceful general elections.

Fellow Senators and dear Kenyans, permit me at this juncture to pay my singular special tribute to my predecessor, the Rt. Hon. David Ekwee Ethuro. He ably presided over the resurrected Senate in perhaps the most difficult times in our country’s history and, indeed, it was the first Senate under the current 2010 Constitution.

The first Senate was sailing in unchartered waters. None of the political leadership and Senators had a clear idea what their tasks entailed. They had to learn how to swim by swimming. It was trial and error at first. However, the Speaker and his leadership team, guided by unity of purpose and the will to actualise devolution, initiated work systems, spearheaded a series of retreats, workshops and seminars that rapidly crafted the framework of transacting and administering the Senate.

As the political head, he oversaw an efficient system of service delivery by the Senate officers. He served as an executive member of the International Parliamentary Union (IPU) and as the President of the Forum of the Parliaments of member states of the International Conference of the Great Lake Region. His handling of chamber proceedings will be hard to emulate.

As a renowned American writer and political commentator, Walter Lipmann, wrote, and I quote:

“The final taste of a leader is that he leaves behind in other men and women the conviction and the will to carry on.”

Rt. Hon. Ethuro, we salute and honour you.

in their respective governments is highly commendable. This will usher in a new dawn towards exercising responsible and accountable public funds management in our devolved units and in our common efforts to deepen and strengthen devolution.

Fellow hon. Senators, the critical question is: What next for our Senate? How do we expand on the achievements of the first Senate? Fundamentally, the Senate must continue to play its constitutional mandate and role more vigorously. Just to reiterate and remind ourselves, hon. Senators, the primary mandate of the Senate is to represent the counties and protect the interest of the counties and hence successful implementation of the devolution process.

Hon. Senators, what has been achieved so far is commendable, but we must not rest on our laurels. We must build on the foundation created and make it even better. We must initiate and enact more devolution compliant Bills since our predecessors have identified a number of grey areas in our devolved system of governance. The Senate is dully bound to be more sensitive to the dictates and aspirations of the ordinary mwananchi. We will speak on out on any subject under the sun so long as it affects Kenyans. We will adopt a proactive approach and strive to make the Senate to be a friend of all Kenyans and let the Senate be their sanctuary in times of distress. Let the Senate be a beacon of sobriety and hope for Kenyans of all ages.

On a light note, let me say that the Second Senate is no longer nyumba ya wazee. The second Senate under the Constitution of Kenya 2010 will strive to reach out and harmoniously work with the national Government. The so-called supremacy wars must be a thing of the past. That is how tangible and progressive milestones will be realised by our bicameral Parliament. The Holy Bible says that a divided house falls.

Fellow hon. Senators, I call upon you to adopt and nurture the bipartisan and collegial relationship approaches that will transform and invigorate the Senate to embrace the various political interests represented in the 12th Parliament and ensure they find their rightful place.

Under the new Senate leadership, we will endeavor to ensure that the Senate work strategically will be reviewed and if necessary, revised to embrace emerging trends of effective legislative work systems; that Senators perform their constitutional and leadership responsibilities through systems that are predictable and adequately facilitated to enable them deliver efficiently and quality services.

Programs and activities of the Senate are guided by the need to respond to key priorities of the counties as well as the many challenges they have to face up to. We will initiate and strengthen internal collaborative linkages, deepen existing partnerships and engagement between the Senate, national and county government departments and agencies, regional and international development partners as well as non-state actors to work closely and harmoniously with the devolution family.

We will strive to strengthen the capabilities of the Senators and their secretariats so that they constantly update their skills and expertise and ensure they acquire requisite parliamentary exposure to enable them handle complex and new frontiers of legislative and public affairs. We will also endeavor to be responsive and attune to emerging situations and reignite the manner in which traditional legislative services are offered.

behind our political rivalries and together focus on building the new Kenya that we will all desire. Let us jealously protect and guard devolution and our beloved country. Let us nurture in the way a parent nurtures a newborn. We do not have another Kenya to run to. Let us forge ahead and be guided by the unity of purpose. As leaders, let us be the rock upon which Kenyans find refuge and solace. I personally would not accept this seat if it was meant to polarize Kenyans.

Hon. Senators, in conclusion, on my part, I promise that under my stewardship, my pledge and commitment to the people is to be a faithful servant and diligently discharge my duties.

Finally, as one Canadian broadcaster and play writer, Lister Sinclair, once wrote: “A frightened captain makes a frightened crew.” I shall respect and uphold the rule of the law, legality and nurture the culture of constitutionalism. I shall protect and defend the Constitution of the Republic of Kenya and always safeguard the mandate and role of the Senate.

Thank you so much for electing me.

Hon. Senators, Standing Order No. 13 (1) provides that:

“As soon as practicable after the election of a Speaker following a General Election, a Deputy Speaker shall be elected.”

Standing Order No. 13 (4) further provides that: “The procedure for electing a Deputy Speaker shall, with necessary modifications, be the same as that prescribed for the election of the Speaker.”

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

a Deputy Speaker shall be elected.”

Accordingly, we now do not have any candidate for the position of the Deputy Speaker hence it is not practical to proceed with the election. Consequently, I shall defer the exercise to a future time when it will be practical to carry out the exercise.

I thank you.

Hon. Senators, there being no other business, the Senate now stands adjourned until such a date as shall be notified as a date set opening of Parliament.

The Senate rose at 2.35 p.m.