[[The Deputy Speaker (Hon. Gladys Boss) in the Chair]]
First Order.
Deputy Leader of the Majority Party. Hon. Osoro should stop interrupting you.
[(Hon. Silvanus Osoro and Hon. Owen Baya consulted loudly)]
1. Memorandum on Accession to the International Nuclear Safety Conventions by the Republic of Kenya from the Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs. 2. Legal Notice No. 142 of 2026 relating to the Election Campaign Financing Regulations, 2026 and the Explanatory Memorandum from the Independent Electoral and Boundaries Commission. Hon. Members, this Bill conc…
Thank you. Next Order.
Leader of the Majority Party, you can start with your Statement. BUSINESS FOR THE WEEK OF 24 TH TO 28 TH AUGUST 2026 1. Second reading of the following Bills: (a) The Air Passenger Service Charge (Amendment) Bill, 2026. (b) The Power of Mercy Bill, 2025—an important piece of legislation which we hope to finish today. 2. Committee of the whole House on— (a) The Kenya Revenue Authority (Amendment)…
[[The Deputy Speaker (Hon. Gladys Boss) left the Chair]]
[[The Temporary Speaker (Hon. Farah Maalim) in the Chair]]
A Statement which was requested by the Speaker after Members of this House requested that they would like to know how their Requests for Statements have been treated by various committees. The Speaker directed that I present this Report now and I would like to use this opportunity, with your indulgence and guidance, to table it. I hold here a tracker of all the Statements that have been requested …
Yes, Hon. Tongoyo followed by Hon. Caroli. Give the microphone to Hon. Tongoyo.
Thank you, Hon. Temporary Speaker. I will make some little comments on an issue that has been read by the Deputy Leader of the Majority Party in regards to Statements that have not been responded to, in particular the Statements that refer to my Committee. It has been indicated that they are about 28. I really regret that some may have taken a little bit long yet majority of them come with urgency…
To appear before the Committee or the House?
To appear before the Committee. I appeal to the Members and report to the House that we will address the majority of the 28 listed Statements. It is our duty and it is in our interest, to expedite all Statements that have not been responded to.
Fair enough. Hon. Caroli Omondi.
Thank you very much, Hon. Temporary Speaker. I am following up on what the Deputy Leader of the Majority Party has submitted with respect to private Members' Bills. Several have not been processed expeditiously. I have about four Bills. Some have gone through First Reading and Second Reading, but they have not turned around to come back to the plenary. It is a matter of grave concern, not just to …
Yes, Hon. Barasa.
Thank you, Hon. Temporary Speaker. I am reacting to what the Deputy Leader of the Majority Party has just said. That the Departmental Committee on Transport and Infrastructure where I sit as the Vice-Chair, has not responded to 21 requests for Statements. I agree, but you know as chairpersons, we read the responses given to us by the cabinet secretaries. There are times when we push these cabinet …
Fair enough. I want to recognise the presence of Nyalil Buch Junior School, Mogotio Constituency in Baringo County, and Kehancha Ravine School, Kuria West in Migori County, seated in the Public Gallery. Any Member of Parliament from Kuria here to give words of encouragement to the students from Kehancha Ravine School? Yes, proceed. Hon. Hassan, I remember you were brought up partly in Isibania.
Yes indeed. I am partly a Kuria man.
Not that I was a witness when you were growing up in Isibania. You are much older than me, but that is information I have. (Laughter) Continue.
Do not worry, Hon. Temporary Speaker. Thank you for the opportunity. As a person who has connections with Kuria, both West and East, and a former student of Tarang’anya Secondary School, I consider myself partly Kuria. I welcome the students from Kehancha very warmly to this Parliament. I encourage you to continue with your studies so that you can rise to the highest scale in life. Only through ed…
Anybody who is from Baringo? Hon. Makilap, welcome students from Nyalil Buch Junior School in Mogotio.
Thank you, Hon. Temporary Speaker. I take this opportunity on behalf of my colleagues and Members of Parliament from Baringo County, especially the Member for Mogotio, to welcome the students of Nyalil Buch Junior School to the House of Parliament of Kenya. I encourage you that one day, one of you will become a Member of Parliament here. If you can only foster discipline and hard work in your scho…
We are now back to Statements again.
Hon. Martha Karua. Sorry, Hon. Martha Wangari, Member for Gilgil, ranking Member.
[(Laughter)]
Hon. Temporary Speaker, it is not the first time this has happened. We share both names; I am Martha Wangari and she is Martha Wangari Karua, but this is the Member for Gilgil.
Okay, proceed.
THAT, this House adopts the Report of the Departmental Committee on Energy on its consideration of Sessional Paper No. 4 of 2026 on the National
[(Moved by Hon. Geoffrey Mulanya on 19.8.2026 – Afternoon Sitting)]
[(Resumption of debate interrupted on 19.8.2026 – Afternoon Sitting)]
This Motion was being moved by Hon. Geoffrey Mulanya, who had 16 minutes remaining, but he is not in the House. So, we will have to proceed to the next Order. Order No. 8 is therefore deferred.
[(Motion deferred)]
[[The Temporary Speaker (Hon. Farah Maalim) left the Chair]]
[[The Deputy Speaker (Hon. Gladys Boss) took the Chair]]
Is the Chairperson of Departmental Committee on Agriculture and Livestock is not there in the House? We can go to the next Order? Are you standing in for the Chair? Proceed.
[(Hon. Patrick Osero stood in his place)]
Hon. Deputy Speaker, I wish to second the Motion that this House approves the ratification of the Inter-African Coffee...
It is Order No. 9. It is supposed to be moved by the Chairperson, then you second it thereafter. You cannot second it when it has not been moved, unless you are moving it on behalf of the Chairperson. The Motion is deferred. (Motion deferred)
Is the Chairperson of the Departmental Committee on Trade, Industry and Cooperatives in the House. Is there someone who has been nominated to move the Motion? Hon. Waqo, is the Chairperson of the Departmental Committee on Trade, Industry and Cooperatives here?
He is not here.
Second Reading THE POWER OF MERCY BILL (National Assembly Bill No. 56 of 2025)
Are you standing in for the Leader of Majority Party on this one?
Yes, Hon. Deputy Speaker.
Okay. The Clerk's Office should ensure that chairpersons are notified when their Motions are coming up for debate so that we do not have to defer them. It is also agreed that the moving notes of the Leader of the Majority Party will be brought here so that when there is nobody to move, someone else can pick them up.
Hon. Deputy Speaker, I beg to move that the Power of Mercy Bill (National Assembly Bill No.56 of 2025) be now read a Second Time. This critical piece of legislation was published in the Kenya Gazette on 25 th November 2025, read a First Time on 26 th February, 2026 and subsequently committed to the Departmental Committee on Justice and Legal Affairs (JLAC) for consideration. The Power of Mercy und…
You can proceed, Leader of the Majority Party.
Thank you, Hon. Deputy Speaker. Allow me to first thank the Deputy Whip of the Majority Party, Hon. Naomi Waqo, for ably moving the Power of Mercy Bill (National Assembly Bill No. 56 of 2025). This Bill is actualising the provisions of Article 133 of the Constitution. Its primary objective is to bring into effect or operationalise the Power of Mercy as set out under Article 133 of the Constitution…
[[The Deputy Speaker (Hon. Gladys Boss) left the Chair]]
[[The Temporary Speaker (Hon. Omboko Milemba) in the Chair]]
On a point of order, Hon. Temporary Speaker.
What is your point of order?
The point I am raising is that Members neither kill nor shoot. We have not heard of anybody convicted for shooting. We have a court of law, which convicts somebody if they are found to have committed a crime. That is as per the Penal Code. Among our Members, none has been convicted. When we speak of shooting, it is only when one is convicted.
Order! Hon. Member. You are out of order.
Thank you, Hon. Temporary Speaker. I did not see what was out of order. Member for Imenti Central needs to relax; he will have his opportunity to advance his argument if he wants to argue, but not with me. I was saying that we have seen incidents where even leaders, including Members of Parliament, have been accused of shooting people. Hon. Temporary Speaker, please protect me from the Member.
[(Hon. Moses Kirima spoke off the record)]
Member of Parliament for Imenti Central, order!
Just tell him to have some decorum. If he wants to shout, he can go and do it in some market in Imenti Central. Not here.
You have a problem because you choose to address somebody across. There is a procedure and systems here.
Thank you. In fact, the Member for Homa Bay County is telling us there is no market here. Indeed, there is no market. This is a House of debate. We debate, but you debate when you have an opportunity to debate, and everybody will have an opportunity to debate. Hon. Temporary Speaker, before I was rudely interrupted, I had said that we have seen even Members of Parliament being accused of walking …
[(Hon. Millie Odhiambo-Mabona spoke off the record)]
[(Question proposed)]
The Chairman, Hon. Murugara.
Thank you, Hon. Temporary Speaker. Allow me to laud the Deputy Whip of the Majority Party, who has ably moved the Bill, and also the Leader of the Majority Party, who has ably seconded the Bill. Today, we are here to debate a very important piece of legislation, the Power of Mercy Bill, which does several things for this country, all of which are very important. Let me put on record, to correct or…
On a point of order, Hon. Deputy Speaker.
What is your point of order?
Thank you, Hon. Temporary Speaker, and sorry for interrupting the Chairman's speech, but would the Chairman just be clear because he seems to be contradicting himself on the issue of the death penalty? On one hand, he is saying that we are doing away with the death penalty. On the other hand, he is saying that we are not doing away with it. I am very keen because I am a proponent of the abolition …
Thank you very much, Hon. Temporary Speaker. Thank you, Hon. Millie. This is what we are going to do soon, and we are bringing the report and the Bills are going to be read a Second Time. What we are doing, in essence, is to amend the Penal Code and provide for punishment for capital offences. Remember, the courts have ruled that the mandatory death penalty is unconstitutional because the court mu…
Member for Wundanyi.
Thank you, Hon. Temporary Speaker, for this opportunity to add my voice to this important Power of Mercy Bill that helped us effect Article 133 of our Constitution. I laud the Committee that looked at this Bill and brought a report to the House. Indeed, this Bill is of great importance. We know that it gives effect to the President’s power of mercy to pardon anyone who has served a prison sentence…
On a point of order, Hon. Temporary Speaker.
What is your point of order?
Hon. Temporary Speaker, at your discretion and considering the importance of this Bill, I rise under Standing Order 96. Colleagues, I respectfully request direction on how to proceed, taking into account both Standing Order 35 and the importance of this Bill, its far-reaching consequences for our penal system and for those who find themselves on the wrong side of the law, whether rightly or wrong…
If you wish to adjourn the debate until a later time, you should rise under Standing Order 96. It states that the debate is now adjourned. You go full blast.
Very well. Hon. Temporary Speaker, in view of the importance of the Bill, I seek your indulgence to adjourn this debate in accordance with the provisions of Standing Order 96.
No. You should state, “I rise under Standing Order 96 that the debate be now adjourned.” Please, read it as it is.
I rise under Standing Order 96 that the debate be now adjourned.
Hon. Temporary Speaker, I hear Hon. (Dr) Oundo. Indeed, this is a very important Bill. Many Members have queued to contribute to the debate. I do not understand why Hon. (Dr) Oundo would wish to curtail debate on such an important matter. Perhaps, he is in a hurry to go somewhere. I suggest allowing him the opportunity to speak following the current contributor so that he contributes and allows ot…
Leader of the Majority Party, kindly approach the Chair. (Hon. Kimani Ichung’wah consulted with the Temporary Speaker) Take the opportunity and consult among yourselves. This is the House of consultations.
The beauty of dealing with mature legislators like Hon. Oundo is that we consult across the aisle. I have understood his concerns, and I have assured him that we are not going to close this debate today. We will continue with the debate and allow those who want to contribute, to do so. He has mentioned that there are other Members who have expressed interest in contributing. We will not close the …
The rules are clear. Order, Hon. Members. When a Member stands on Standing Order No. 96, unless the Speaker believes that this is frivolous, with bad intentions, or maybe intended to curtail the minority, the Chairman puts the question. If the question is agreed to, then we will continue with the debate. It is, therefore, up to you, at an appropriate moment, to raise the same issue. However, if y…
[(Loud consultations)]
You put the question whether to adjourn or not.
I have no other recourse other than to put the question right now on whether debate should be adjourned. But if that is defeated, let us assume, for argument's sake, we will continue with the debate; but should you wish to adjourn again, somebody else has to rise again, under Standing Order 96. Otherwise, if you all contribute, or whoever is interested in the Bill contributes, then the Chairperson…
[(Question, that debate be now adjourned, put and negatived)]
Thank you, Hon. Temporary Speaker. I take this opportunity to contribute to this important Motion. I brought a Bill in this House, and I thank the Members for supporting it, which was passed and assented to by the President. It is not easy to draft a Bill and witness it become a law. I support the Bill. However, when we get to the Committee of the whole House, I will bring amendments. This Bill is…
Order! Order! You are out of order. You cannot discuss a fellow Member of Parliament here, without a proper Motion. There are rules in the House. Hon. Sunkuli Julius.
Hon. Temporary Speaker, I also want to support this Bill that seeks to give His Excellency, the President, an opportunity to exercise mercy on certain aspects. It is always good to understand the context under which we are the Floor... coming from. The first is what we used to call the prerogative of mercy, which we are now calling the power of mercy—a very well-entrenched Commonwealth principle…
On a point of order, Hon. Temporary Speaker.
On what Hon. Sunkuli is saying?
Hon. Temporary Speaker, this is unfair. I was on
Order, you are out of order. Do not invite my wrath. You should learn the rules of the House. Proceed, Hon. Sunkuli.
As I said, the Commonwealth derived its laws mainly from England. In the British system, where justice ends, mercy starts taking effect. The King or the Queen had the prerogative to look into the situation of a particular convict and see whether to exercise a power of mercy. This is based on a number of things: One of them being that the Judiciary has the responsibility of looking into the evidenc…
Hon. Millie Odhiambo.
Thank you, Hon. Temporary Speaker. I support the Bill with amendments. From the beginning, I want to say this is a good Bill anchored in the Constitution. However, I wish we had stuck to the issue of the prerogative of mercy, because whenever you talk about power, it tends to be misused. I wish we focused more on responsibilities than power. Before I make very brief comments on the Bill, in respon…
Thank you very much, Hon. Temporary Speaker, for the opportunity to contribute to this Bill. It could not have come at a better time. It is part of implementing the Constitution of Kenya. It has taken some time to come to the Floor. This Bill will give His Excellency, whoever the President will be, some leeway to apply certain acts of clemency, which are necessary for the Head of State. Sometimes …
Hon. Kuria Kimani.
Thank you, Hon. Temporary Speaker. From the outset, I would like to lend my voice to this. I am fully supportive of the Power of Mercy (Amendment) Bill (National Assembly Bill No.55 of 2025), sponsored by the Leader of the Majority Party and Member for the great people of Kikuyu, Hon. Kimani Ichung'wah. This particular Bill gives full effect to Article 133 of the Constitution. It provides a clear,…
What is your point of order, Hon. (Dr) Nyikal? Hon (Dr) James Nyikal (Seme, ODM): Thank you, Hon. Temporary Speaker. I rise on Standing Order 96. Given the importance of this Bill, I request that the debate be adjourned to a later date.
Do you want the debate to be adjourned? Hon (Dr) James Nyikal (Seme, ODM): Yes.
Okay. It is very simple. (Debate adjourned) Next Order.
[(Question, that debate be now adjourned, put and agreed to)]
In the interest of the Committee that wants to be fully involved in this Report, I have directed that Order No. 12 be deferred to an appropriate date. Next week, it should be brought back as a priority.
[(Motion deferred)]
Next Order.
I also direct that Order No. 13 be deferred to an appropriate date when there is full capacity of the Committee or when many Members are in the House to deliberate on this.
[(Motion deferred)]
Next Order.
(a) The Accounts of the Office of the Auditor General for the period 2025/2026, 2026/2027 and 2027/2028; and (b) The Financial Statements for the Staff Mortgage and Car Loan Scheme of the Office of the Auditor General for the Financial Years 2025/2026, 2026/2027 and 2027/2028.
I am informed that the Chairman of the Public Accounts Committee is not in the House and has requested that this business be deferred to an appropriate future date. Therefore, I direct that this business be deferred to an appropriate future date. (Motion deferred) Hon. Members, there does not seem to be any other business in the Order Paper for today.
Hon. Members, the time being Prepared by: Directorate of Hansard and Audio Services National Assembly Parliament of Kenya. Published by: Clerk of the National Assembly Parliament Buildings Nairobi, Kenya.
[(The House rose at 6.32 p.m.)]