National Assembly · Afternoon Sitting

Hon. Members, you may recall that during the Morning Sitting of Thursday, 14th September 2023, the House rejected Senate Amendments to the Public Finance Management (Amendment) Bill (National Assembly Bill No.16 of 2023) . This decision essentially remitted the Bill to a Mediation Committee in accordance with Article 112 of the Constitution and Standing Order No.149. Hon. Members, you may further…

Hon. Members, take the nearest seats. Hon. Members, I have two Petitions that I will present today. We will combine them and deal with them according to the Standing Orders.

Hon. Members, Article 119 of the Constitution provides for the right of any person to petition Parliament to consider any matter within its authority, including petitioning the House to enact, amend or repeal any legislation. Further, Standing Order 225 (2) (b) requires the Speaker to report to the House any petition other than those presented by a Member. In this regard, Hon. Members, I wish to …

[(Loud consultations)]

Thank you, Hon. Temporary Speaker. My name is Hon. Muthoni Monicah Marubu. I was born in the village of Kiongwe in Mpeketoni. I went to Ndeu Primary School, Hindi Ward. I then proceeded to Lamu Girls High School. Later, I pursued a Degree in International Relations, Diplomacy and Foreign Affairs at the United States International University-Africa (USIU) . I have been on the list of shame of Membe…

[(Applause)]

Two very serious issues have jeopardised this very promising future of our county. One is ineffective land management, and two is the recurrent cases of insecurity. I would like to delve a little into the history of Lamu to put perspective into my argument. Traditionally, before the invasion of the Arabs, Lamu was managed under the African traditional customary land tenure system. There was no ne…

After the Kenyatta Government came into power, a settlement scheme called the Lake Kenyatta Settlement Scheme, measuring 34,137 acres, was set in place. Naturally, you would expect people from the area to be incorporated into the land, but when the… Time imeisha? This is my Maiden Speech. Should I be worried about the time?

Hon. Muthoni, that is just a warning. When you see the amber light, you have a minute. But I will give you a few more minutes to finish.

Thank you, Hon. Temporary Speaker. I needed to put a case so that it could be understood why we have a Muthoni in Lamu and also, so that I could speak about the killings in my County. When you talk to anybody, it is understood that they will tell you why we are being killed in Lamu because we have taken all the land, and there is a Muthoni who is a Member of Parliament in Lamu. Bordering the Lake…

[(Hon. Silvanus Osoro spoke off the record)]

[(Hon. Muthoni Marubu demonstrated how killing is done)]

I spoke at a presidential function and now receive death threats on my phone daily. I have been told to return to my home. Where is my home? Where do I run to? Where will I call home? Where will my children and grandchildren call home if I am killed? I call upon the Government to seriously look into these issues. I know that we elected a President under the “hustler ticket”.

[(Loud consultations)]

Order, Members. Thank you, Hon. Muthoni Marubu.

[(Hon. Muthoni Marubu withdrew from the Chamber)]

[(Applause)]

Leader of the Majority Party.

Thank you, Hon. Temporary Speaker. I am holding brief for the Leader of the Majority Party. Hon. Temporary Speaker, I beg to lay the following papers on the Table:

Hon. Temporary Speaker, I beg to lay the following papers on the Table: Reports of the Departmental Committee on Lands on:

Hon. Temporary Speaker, I beg to lay the following papers on the Table:

Chairperson of the Departmental Committee on Social Protection. Hon. Alice, you are being distracted by the Member for

I tell you. Sorry, Hon. Temporary Speaker. Hon. Temporary Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Social Protection on its Consideration of the Geriatric Bill, (National Assembly Bill No.50 of 2022) . Thank you.

Chairperson of the Departmental Committee on Justice and Legal Affairs.

Hon. Temporary Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Justice and Legal Affairs on its consideration of the Anti-Corruption and Economic Crimes (Amendment) Bill, (National Assembly Bill No.30 of 2023) . Thank you, Hon. Temporary Speaker.

Next Order.

Hon. Temporary Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Education on the Inquiry into Alleged Malpractices in the 2022 Kenya Certificate of Secondary Education Examinations, laid on the Table of the House on Thursday, 5th October 2023. I request Hon. Malulu Injendi to second.

Hon. Melly, you have been here long enough. This is a notice of a motion and, therefore, you do not need a Seconder. Chairperson of the Departmental Committee on Lands.

Hon. Temporary Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Lands on the inquiry into the Del Monte Kenya Limited Land Tussle, laid on the Table of the House on Thursday, 5th October 2023.

Before I give the next person, allow me to recognise the following students in the Public Gallery: Kalisasi Primary School from Mwingi Central Constituency, Kitui County; Kivandini Secondary School from Yatta Constituency, Machakos County; Nairasirasa Primary School from Narok North Constituency, Narok County and Oloolaiser Primary School from Narok South Constituency, Narok County. I welcome you …

Thank you, Hon. Temporary Speaker, for giving me this opportunity. I welcome all the schools in the Public Gallery which have visited Parliament, particularly the school I went to, Kalisasi Primary School. They should feel welcome in Parliament, and when they return home, they should greet their parents. Thank you, Hon. Temporary Speaker.

Hon. Member for Mwingi Central, you have just campaigned in this House by sending greetings. Hon. Members, the next Motion is by the Member for Homa Bay Town, Peter Kaluma. If he is not in the House, the Chairperson of the Departmental Committee on Lands, you are supposed to give two notices of Motion. Have you given them?

Thank you, Hon. Temporary Speaker. I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Lands on the inquiry into the compensation of persons affected by the Mombasa Special Economic Zone – Dongo Kundu Project, laid on the Table of the House on Thursday, 5th October 2023. I thank you.

Hon. Kaluma are you ready for your Motion?

Hon. Kaluma.

Thank you, Hon. Temporary Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Committee on Implementation regarding the development of a policy on standardisation and production of school uniforms in the country.

On 8th March 2023, the House approved a Motion on the development of a policy on standardisation and production of school uniforms in the country. In the Motion, the House noted that the cost of uniforms has continued to escalate becoming prohibitively expensive for the majority of Kenyans with some schools demanding that parents source uniforms from the schools or specific suppliers. Notably, it …

Hon. Gathoni, do not be tempted to add to your Statement.

Thank you, Hon. Temporary Speaker.

Let us have the Chairperson of the

Hon. Temporary Speaker, I find myself in an unfamiliar territory of undertaking on behalf of people who are not in the House. We have talked about this issue before. Committee chairpersons, their vice-chairpersons and committee Members must be in the House to respond to issues such as what Hon. Wamuchomba has raised. I undertake on behalf of Hon. Raphael Wanjala that the response will come in two …

Thank you, Leader of the Minority Party. I know you have all the power to take the necessary action. We expect that response in two weeks. Before we go to the next Statement, allow me to recognise students in the Speaker’s Gallery.

[(Applause)]

Thank you very much, Hon. Temporary Speaker. As the Leader of the Minority Party has said, it is unfortunate that regardless of the meetings we have had with the committee chairpersons and vice-chairpersons

and committing them to make this House a priority, they still do not oblige. I commit and undertake to follow up the matter to its conclusion.

Thank you. Leader of the Majority Party, give your Statement.

Hon. Temporary Speaker, I am holding brief for the Leader of the Majority Party. I have several Statements to make, including the KeRRA statement that Members have been asking about. However, I will start with the usual Statement by the Leader of the Majority Party.

Thank you. You have another Statement?

Yes, Hon. Temporary Speaker. You will recall that there have been concerns regarding the recommendations of the Presidential Working Party on Education Reform. Members raised questions on the reforms that were recommended. With me is the Report by the Cabinet Secretary for Education, Mr Ezekiel Machogu. It is too long for an afternoon read.

Hon. Osoro, because we know the gist of the questions raised by Members, you can table it, but give highlights in terms of the 22 per cent and 10 per cent.

That is on education. I will go to the final one on KeRRA.

Okay.

Hon Temporary Speaker, I do not really wish to read the recommendation because it is long.

Give a summary.

I will say that the Cabinet Secretary and the Ministry have taken note of the concerns raised by Members. Provided in this Report are proposals for possible legislation and amendments that will be brought to this House, of course, through specific committees, for consideration by the whole House. The implementation of the proposed reforms will not take effect up until when the legislation process,…

On a point of order.

What is out of order, Hon. Wamboka?

There were some strangers here who just left when they saw me rise on a point of order. I do not know who they are.

Order, Hon. Wamboka. This place accommodates our Clerks-at-the-Table, especially when we are headed to Committee of the whole House. Hon. Wanami Wamboka (Bumula, DAP-K) : They are supposed to be in uniform.

[(Laughter)]

Hon Wamboka, I assure you that we have no strangers in the House. Hon. Osoro, please, proceed.

Thank you, Hon. Temporary Speaker. You can indulge Hon. Wamboka. Officers that are supposed to be in uniform are the Sergeant- at-Arms. They are donning their green attire. Hon. Temporary Speaker, I beg to table that Report on education. Allow me to now make a Statement on the KeRRA question that was raised by Members. It is short; I can read it.

[(Hon. Silvanus Osoro laid the Document on the Table)]

Rural Roads Authority (KeRRA) for Financial Years 2024/2025 and 2025/2026. You may recall that on Thursday, 28th September 2023, the House considered and passed a resolution on projected ceilings for the Kenya Rural Roads Authority for the financial years 2024/2025 and 2025/2026. In the resolution, the House resolved that the ceilings for the Road Maintenance Levy Fund, under KeRRA for the financi…

Thank you. The Chairperson, Transport and Infrastructure Committee, do you want to comment on the Statement?

Thank you, Hon. Temporary Speaker, for giving me this opportunity to support the Statement by the Leader of the Majority Party. I would like to thank Members of this House for supporting the Committee's Report on reduction of KeRRA ceilings and assure Members that the Committee that I head will ensure that resources meant for our roads are safeguarded. I know there are some Members who are asking …

In the Statement Hon. Silvanus Osoro has read on behalf of the Leader of the Majority Party, the Principal Secretary for Roads, Transport and Public Works, has indicated that 50 per cent has already been sent to KeRRA. With that, I think it is about Ksh11 billion which will be transmitted to our regions in the coming days. The Leader of the Majority Party has indicated that in the 2025/2026 Financ…

Thank you, Hon. Chairperson. We have put that matter to rest.

The Chairperson of the Select

Hon. Temporary Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the National Government Constituency Development Fund on three (3) Constituency Committees laid on the Table of the House on Wednesday, October 4th 2023, and pursuant to the provisions of Sections 43 (1) and 43 (2) of the National Government Constituency Development Fund Act, 2015, approves the list …

Dominic Nzau Kinyanzwii Male Adult Representative Appointment, pursuant to Sec. 43(2)(b) David Kinyanjui Mwaura Representatives of Persons with Disabilities Appointment, pursuant to Sec. 43(2)(d)

Hon. Chepkonga.

Hon. Temporary Speaker, I stand to second, but some Members here are telling me to cite Standing Order 95. Surely! Can I do that while seconding? This tells you that we have a problem in this House. Members have refused to learn the Standing Orders. Standing Order 83 is very clear. These are our own Standing Orders which we passed. It behoves every Member whenever they stand, to quote the Standing…

We have Standing Order 107 all the way, for any disorderly conduct. Did you second?

Yes, I already seconded.

Okay.

[(Question proposed)]

Put the Question.

[(The Temporary Speaker consulted the Clerks-at-the-Table)]

[(Question put and agreed to)]

Next Order.

Hon. Temporary Chairlady, I seek the indulgence of this House, considering a lot of proposals and interest in this matter, that we defer the Bill to next week when we resume. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Okay. Hon. Members, I agree to the request by the Whip of the Majority Party. We now move to reporting.

[(The House resumed)]

I thank you, Hon. Temporary Speaker. I had earlier on moved for adjournment of the House.

[(Hon. Wanami Wamboka consulted loudly)]

Order Hon. Wamboka.

I had moved for the Adjournment of the House on a definite matter of urgent national importance regarding deployment of officers of the National Police Service (NPS) in Haiti. For the sake of time, it being that we have barely thirty minutes to debate, I would adopt the Motion in the matter I had moved the adjournment before, save to say the following: The Constitution establishes the National Se…

[(Hon. Victor Koech raised his hand)]

Hon. Victor Koech, Member for Chepalungu, you seem to be on a point of order and also you are lifting up your hand.

[(Loud consultations)]

Thank you, Hon. Temporary Speaker. I am rising on a point of order.

[(Loud consultations)]

A point of order can be raised at any time. Hon. Victor you may proceed with your point of order. What is out of order?

Thank you very much, Hon. Temporary Speaker. I rise under Standing Order No.35. Having looked around, I would wish to seek your guidance that this House has no requisite numbers for it to transact business.

[(Loud consultations)]

Serjeant-at-Arms, I order that

Hon Members, please do not walk out of the House when the Bell is being rung. Hon. Millie Odhiambo, you know that it is out of order to walk out of the House when the Quorum Bell is being rung.

[(Quorum Bell ringing)]

I order the Serjeant-at-Arms to stop ringing the Bell. Hon. Members, it is clear that the House is unable to quorate. I will proceed to adjourn the House pursuant to Standing Order 35.