What was cancelled was a special sitting that had the approval of the Speaker based on a request by either the Leader of Majority or Leader of Minority.
In this case, it was me who asked for the special sitting because of certain government business relating to the Covid-19 pandemic. For a special sitting, the law says the Speaker has the powers – and may approve or cancel such a sitting, in consultation with the leadership.
However, the Tuesday sitting is mandatory. It is on the calendar of the House. In its last sitting, the House passed that the sittings resume on Tuesday, April 14, 2020.
The only body that can countermand the decision is the same august House. So, Tuesday is mandatory come what may. It is only that it would be different from the previous sittings because of the epidemic and taking into account guidelines issued by Speaker that only 66 to 70 MPs will be in the House at any given time.
The assembly will deal with a procedural motion on whether we shall be sitting once a week or whether we adjourn for two weeks or how the House will be sitting under this emergency situation. The decision on the calendar of the House outside the special sittings is for the House to decide.
On Tuesday, we will deal with the business, that was scheduled for the special sittings, which are the Covid-19 Emergency Fund regulations, Tax Laws, VAT regulations, regulations by the Health Ministry, and the procedural motion on the calendar. Under the new Constitution, the House decides its calendar, not the Speaker. The Speaker does not introduce business to the House, he only presides over the business from MPs.
In the lead up to the Tuesday session, the clerk is in consultation with the relevant government agencies - like the ministries of Health and Interior - to make sure MPs attend the sitting.
MPs are performing their constitutional duty and therefore cannot be locked out. Doing so would raise constitutional issues on the business that will be discussed. Some are chairs of committees which deal with some of the agenda lined up for discussion.
There is a discussion between the government and legislature on how to ease the movement of MPs between their constituencies and Parliament without compromising the Covid-19 protocols issued by the Health ministry and President Uhuru Kenyatta.
The Leader of Majority and Garissa Township MP spoke to the Star
