Senate Speaker’s communication on altercation between Senators Veronica Maina and Edwin Sifuna

ON SUSPENSION OF A SENATOR FROM THE SENATE FOR GROSS DISORDERLY CONDUCT PURSUANT TO STANDING ORDER 122 OF THE SENATE

Honourable Senators,

1. At 6:30 p.m. on Tuesday, 18^th July, 2023, the Speaker interrupted the proceedings and adjourned the Senate pursuant to the Standing Orders. As is the established tradition, the Speaker’s Procession, consisting of the Speaker (who at that time was Sen. Veronica Maina, a Member of the Speaker’s Panel), the Sergeant-at-Arms, the Clerk-at-the-Table and a police officer from the Parliament Police Station, exited the Senate Chamber, on its way to the Speaker’s Office.

2. On the walkway from the Senate Chamber, just outside the Senate Lounge, the Senator for Nairobi City County (Sen. Edwin Sifuna, MP) was heard shouting “Shame! Shame! Shame!” at the Speaker’s Procession. However, the Procession proceeded to the Speaker’s Office in the usual manner. Subsequently, Sen. Veronica Maina, MP, retreated to the Senate Lounge whereupon she engaged Sen. Edwin Sifuna, MP, on why he was shouting at the Speaker’s Procession.

3. It is at this point that a verbal altercation between the two Senators ensued. Officers of the Serjeant-at-Arms and a number of Senators who were in the room intervened in a bid to calm down the two Senators and defuse the engagement, which would have otherwise resulted in an unpleasant physical exchange.

Honourable Senators,

4. You will recall that on 28^th February, 2023, the Speaker issued a Communication expressing deep concern at the state of affairs in the conduct of the proceedings of the Senate in the few sittings that followed the commencement of the Second Session on 14^th of the same month. I highlighted that a number of Senators had exhibited outright abuse of privilege, and that there was need to maintain decorum and order in the Senate. I also highlighted and appealed to Honourable Senators to utilize other avenues for addressing grievances, instead of resorting to outright disorder, in the event that one is not pleased with the directives of the Speaker or the Chair.

5. In that Communication, I ordered that a recurrence of the kind of disorder that was witnessed in the Senate at that time would not be tolerated. I also gave the assurance of the Chair and the entire Speaker’s Panel, that incidents of disorder would be dealt with firmly and without fear or favour.

Honourable Senators,

6. A report on what transpired on Tuesday, 18^th July, 2023, between the time when the Speaker’s Procession exited the Chamber and when the two Senators left the precincts of Parliament, was submitted to my Office by the Chief Serjeant-at-Arms. Upon interrogating the report, I have made a determination that the actions of the Senator for Nairobi City County (Sen. Edwin Sifuna, MP) in shouting as he did at the procession of the Speaker amounted to a disruption or attempt to disrupt the Speaker’s Procession and constitute gross disorderly conduct pursuant to Standing Order 122 (1) (k).

7. Standing Order 122 (1) highlights the instances in which a Senator displays gross disorderly conduct which include “disrupts or attempts to disrupt the Speaker’s Procession”. The sanctions for the conduct of such Senator are provided under Standing Order 122 (2) which states that –

“The Speaker may call a Senator whose conduct is grossly disorderly to order, and shall order the Senator to withdraw immediately from the precincts of Parliament —

1. on the first occasion, for a maximum of three sitting days, including the sitting day of suspension; and

2. on the second or subsequent occasion during the same session, for a minimum of seven sitting days and a maximum of twenty-one sitting days, including the day of suspension.”

8. From the foregoing, and this being the first occasion for Sen. Edwin Sifuna, MP, to be grossly disorderly under Standing Order 122 in this session, I direct that the Senator for Nairobi City County (Sen. Edwin Sifuna, MP) withdraws immediately from the precincts of Parliament for a maximum of three (3) sitting days, including today. The Senator shall not be allowed to access the precincts of Parliament, including the offices, committee rooms, the lounges and dining halls for whatever reason, during the suspension. I also direct the Serjeant-at-Arms to ensure compliance with the directive for the stated duration. For the avoidance of doubt, the period of suspension shall lapse at midnight on Thursday, 27^th July, 2023.

9. I refer all Honourable Senators to the Communication from the Chair of 28^th February, 2023, and urge that we maintain order and decorum in the Chamber and in Committees.

I thank you.

~ HON. AMASON JEFFAH KINGI, EGH, MP, SPEAKER OF THE SENATE ~

25^th July, 2023