Motions

MOTIONS

 

Application This Part shall apply to all Motions, including Special Motions.

 

Notices of Motions (1) Except as otherwise provided by these Standing Orders, notice shall be given by a Member of any Motion which the Member or Committee proposes to move.

 

(2) Before giving notice of Motion, the Member shall deliver to the Clerk a copy of the proposed Motion in writing and signed by the Member; and the Clerk shall submit the proposed Motion to the Speaker within two working days.

 

(3) If the Speaker is of the opinion that any proposed Motion –

(a) is one which infringes, or the debate on which is likely to infringe, any of these Standing Orders;

 

(b) is contrary to the Constitution or an Act of Parliament or of the County Assembly, without expressly proposing appropriate amendment to the Constitution or the Act of Parliament or County Assembly;

 

(c) is too long;

 

(d) is framed in terms which are inconsistent with the dignity of the County Assembly;

 

(e) contains or implies allegations which the Speaker is not satisfied that the Mover can substantiate; or

 

(f) calls for the commitment of public funds for which no provision is made in the Annual Estimates as adopted by the County Assembly, 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 or that the motion be referred to the relevant committee of the County Assembly, pursuant to section 21(3) of the County Governments Act.

 

Provided, however, that the Speaker shall, within two sitting days, either give his direction under this Standing Order or approve the Motion.

 

(4) A Member giving notice of a Motion approved by the Speaker shall state its terms to the County Assembly and whether the original copy received by the Clerk has been certified by a party leader or party whip for sponsorship by the Member’s party.

 

(5) Unless the County Assembly resolves otherwise—

 

(a) subject to the provision of Standing Order 66 (Priority of Motion) and except as otherwise provided at Standing Order 39(3) (Sequence of Proceedings), a Motion sponsored by a party shall have precedence over all other Motions on such day as the County Assembly Business Committee, in consultation with the Speaker, may determine, but where a party has sponsored two or more motions, the Motions shall be considered in such order as sponsoring party may determine;

 

(b) notice of an approved Motion other than those under paragraph (a) maybe given to Members by means of a list to be published in such manner as the Speaker may from time to time direct and the Member giving such notice shall state its terms to the County Assembly when the Motion has acquired precedence in accordance with Standing Order (Time for moving Motions), but at least one day before the Motion appears on the Order Paper.

 

Amendment of Notice of Motion

 

The Speaker may permit a Member to move in 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 of which notice has been given.

 

Certain Motions not to be moved (1) No Motion may be moved which is the same in substance as any question which has been resolved (either in the affirmative or in the negative) during the preceding 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;

 

(b) a Motion to rescind the decision on a question on a Special Motion shall not be allowed.

 

Time for moving motions (1) The County Assembly 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 Member who has a Motion standing in his or her name may authorize, in writing, another Member to move that Motion in the Members’ stead.

 

(3) Where no Member moves a Motion at the time specified by or under these Standing Orders, such Motion shall not again be published in the Order Paper during the same Session except with the leave of the Speaker.

 

Motion withdrawn may be moved again

 

(1) A notice of Motion may be withdrawn by the Member who gave the notice, but notice of the same Motion may be given again either by the same or by any other Member.

 

(2) Despite paragraph (1), notice of a Special Motion may not be withdrawn, except with leave of the County Assembly.

 

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;

 

(b) Motion for the adjournment of the County Assembly or of a debate;

 

(c) Motion that the County Assembly do dissolve itself into a Committee of the whole County Assembly;

 

(d) Motion moved when the County Assembly is in Committee;

 

(e) Motion for the suspension of a Member;

 

(f) Motion made in accordance with the Standing Orders governing the procedure as to Bills;

 

(g) Motion for the agreement of the County Assembly with a Committee of the whole County Assembly 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 County Assembly under these Standing Orders;

 

(j) Motion made under Standing Order 228 (Exemption of business from Standing Orders);

 

(k) Motion made for the limitation of a debate under Standing Order 94(Limitation of debate);

 

(l) Motion made for the postponement or discharge of, or giving precedence to an order of the day; and

 

(m) Motion for the extension of sitting time of the County Assembly.

 

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 Member, defer the putting of the question to the following day in which case the Speaker shall thereupon nominate a time at which the question shall be put.

 

Amendments to Motions (1) unless otherwise provided in these Standing Orders, any amendment to a Motion which a Member wishes to propose in accordance with these Standing Orders 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 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 negative, no further amendment may be proposed to the words which it has been decided shall not be left out.

 

(6) 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 relate to the text of the Motion, or in cases of doubt, in such order as the Speaker shall decide.

 

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

 

(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.

 

Amendments to be in writing (1) The proposer of an amendment to a Motion shall, before moving it, hand the proposed amendments 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 Member to move an amendment to a Motion before the Assembly at any time during consideration of that Motion.

 

Amendments to be relevant to Motion

 

55. (1) Every amendment shall be relevant to the Motion which it seeks to amend and shall not raise any question which, 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.

 

Question proposed after Motion made

 

(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.

 

(2) Despite paragraph (1), a Motion made in Committee shall not require to be seconded.

 

Motion in possession of the County Assembly

 

After the question has been proposed on a Motion, the Motion shall be deemed to be in the possession of the County Assembly, and such Motion shall not be withdrawn without the leave of the County Assembly.

 

Question as amended put

 

When a question has been amended it shall, when put, be put as amended.

 

When amendment proposed but not made When any amendment has been proposed but no amendment has been made, the question when put shall be put as originally proposed.

 

 

 

Messages: The Busia county assembly receives messages from the senate or any other county assembly in the republic. These are messages which are sent to the speaker informing the assembly on a specific matter or event.

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