Nominated senators given powers to vote

Cases of adjourning voting on matters affecting counties at the Senate could be minimised after Senators agreed to a formula that will give nominated senators powers to vote whenever their elected counterparts were absent.

Elected senators, last week signed letters designating in order of priority nominated senators from their counties who will be voting when they are away from the House.

“This delegation shall be in force and shall apply on every occasion on which I (head of delegation) am absent from the Senate and shall remain in force until formally revoked by notice to the speaker in writing under my hand,” says the letter signed by the 47 elected senators.

This is unlike previously when they had to write a letter to the Speaker whenever they were away, specifying a nominated senator from their counties, whom they preferred to vote on their behalf.

The senators said this development would save a lot of valuable time that is usually wasted when voting on bills and motions touching on counties has to be postponed due to lack of a quorum.

At least 24 out of the 47 elected senators must vote in support of a Bill for it to be approved.

CONSULT MEMBERS
They have to inform the Speaker in writing on who they prefer to vote on their behalf when absent from the House.

However, some senators have been reluctant to delegate this power, especially those who are not sure how a nominated senator from their county would vote.

“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,” says Article 123(b) of the constitution.

However, the person voting on behalf of the county delegation must consult other members from the county before opposing, supporting or abstaining during a vote for Bills and motions.

There are 20 senators nominated to represent various interests in the House out of which 18 are women. A nominated senator is considered to be a member of a county delegation if they are registered voters in that, county.

Senator Martha Wangari (Nominated, UDF) said the House business would be fast tracked as there would be enough senators to vote for a particular issue subjected to a vote.

“A matter touching on counties doesn’t have to wait or to be passed without the input of some counties. The nominated member had been reduced to a cheering squad even after diligently debating the motions and Bills,” Ms Wangari said.

COUNTY INTERESTS
She added that the elected senators had an opportunity to start with the senators they are sure would vote as they wish before reaching out particularly to those from other parties.

Though the Constitution requires the person voting to consult other members from the county, many usually don’t.

“But, we are all custodians of county interests and most often than not, we have had a common ground on such issues,” said Senator Wangari.

There have been situations where two nominated senators voted for a single matter, raising questions on who had been authorised to vote by the elected senator.

Such a vote is usually declared null and void especially if the legislators voted differently.

There are legislators who are never in the House while some make technical appearances to avoid losing their seats.

Senate Minority Leader Moses Wetang’ula (Bungoma, Ford-K) said it’s important for the Senate to set a good precedence for the future by adhering to the Constitution.