National Assembly · Afternoon Sitting

Hon. Members, Article 119 of the Constitution accords any person the right to petition Parliament to consider any matter within its authority. 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, I wish to report to the House that my office has received a petition from the Centre for Accountability, Ref…

Hon. Deputy Speaker, I wish to present a public petition on human-wildlife conflict in Keiyo North Constituency. I, the undersigned, on behalf of residents of Keiyo North Constituency, draw the attention of the House to the following: THAT, in the recent past, residents of Rimoi Sub-Location, Kiptuilong and Kamogich locations of Tambach Ward; Chegilet and Kabulwo Sub-Locations and Keu

Location of Esmoo Ward in Keiyo North Constituency have experienced increased cases of invasions and attacks by elephants resulting in loss of lives and livestock and destruction of crops and property in the said areas; THAT, most areas of Esmoo and Tambach wards in Keiyo North Constituency and in particular the schools and public institutions bordering the Rimoi Game Reserve remain unfenced, henc…

Hon. Member, you will have a chance to ventilate on the Petition. It has been marked to the Public Petitions Committee. The next Petition is from Hon. Owen Baya.

Hon. Temporary Speaker, I beg to give notice of the following Motion: THAT, aware that the Consumer Protection Act, 2012 provides for the protection of the consumer and prevention of unfair trade practices in consumer transactions in line with Article 46 of the Constitution; further aware that there exists unregulated moneylenders commonly referred to as ‘shylocks’ that provide loans outside the …

I am sorry for interrupting you, Hon. Beatrice. Is the Whip of the Majority Party on a point of order?

No, I am not, Hon. Temporary Speaker.

Very well. Proceed, Hon. Beatrice.

Thank you, Hon. Temporary Speaker. I do not know whether I should start again.

You may proceed, Hon. Kemei.

Hon. Temporary Speaker, I beg to give notice of the following Motion: THAT, aware that the Consumer Protection Act, 2012 provides for the protection of the consumer and prevention of unfair trade practices in consumer transactions in line with Article 46 of the Constitution; further aware that there exists unregulated moneylenders, commonly referred to as ‘shylocks’, that provide loans outside th…

Thank you very much, Hon. Beatrice Kemei. Next Order.

On a point of order, Hon. Temporary Speaker.

What is your point of order, Hon. Samuel Chepkonga?

Hon. Temporary Speaker, I rise pursuant to Standing Order 51 as read together with Standing Order 89. I moved a Motion on 25th July 2023 on consideration of the Excise Duty

[(Excisable Goods Management System)]

(Amendment) Regulations, 2023. It has since come to our attention that a court case has been filed by the Law Society of Kenya (LSK). The petitioners have obtained a stay order against Parliament and the Kenya Revenue Authority (KRA). Therefore, it has since become sub judice to discuss this matter under Standing Order 89. Hon. Temporary Speaker, as you know, it will be superfluous if the House p…

Thank you very much, Hon. Chepkonga. The withdrawal request is granted.

Hon. Temporary Speaker, I would like to make a general statement on the untimely passing on of Hon. Elijah Osiemo, who was the Leader of the Majority Party for Nyamira County and the Member of the County Assembly (MCA) for Nyamaiya Ward, West Mugirango Constituency, Nyamira County. Hon. Osiemo passed on following a tragic road accident on Monday, 7th August 2023, along the Mai Mahiu- Naivasha Road…

Having been elected to the county assembly for the first time in 2022, Hon. Elijah showed a lot of commitment towards service delivery to the people of Nyamaiya Ward, the entire county, and the country at large. His dutifulness made him stand out among his peers, earning admiration that elevated him to the Leader of the Majority Party in the County Assembly of Nyamira. The departed colleague was a…

Hon. Members, I see interest from several Members wishing to make a comment on this statement before I open the Floor. Let me first acknowledge the presence of students seated in the Public Gallery. We have students of St. Patrick Academy Kapcherop from Marakwet West Constituency, Elgeyo Marakwet County; Chief Mbogori Girls High School from Maara Constituency, Tharaka-Nithi County; Kisaani Primar…

Thank you, Hon. Temporary Speaker. I also join my colleague, Hon. Irene Mayaka, in condoling the family of Hon. Elijah Osiemo, a young man serving as the Leader of the Majority Party in Nyamira County Assembly. Yesterday, I took time to visit the survivors of the accident - Hon. Duke and Hon. Pricilla - as they recuperate in one of the hospitals in Nairobi. The stories they gave us of how the acci…

they arrived close to Mai Mahiu, they hit a motorcycle ahead of them that had entered the main road abruptly without paying attention to the road signs. The vehicle’s driver got confused because the motorcycle had carried charcoal which blew out dust, turning the scene dark, thus forcing the driver to veer off the road and plunge into a ditch. It is quite unfortunate that we lost him. There are s…

Thank you, Hon. Temporary Speaker. I also join my colleagues in mourning the death of this promising young man, the Majority Leader of Nyamira County Assembly, Hon. Elijah Osiemo. I do not know the young man and the people who died in that accident. However, we have a big problem in this country. We mourn

the deaths of young people by attending their funerals in choppers and big cars, but we forget their families the moment the burial is over. We have to take care of the young family left behind by that very promising young man. We do not have an insurance system to care for those children. I once, with a friend from Luo-Nyanza, attended a burial in a chopper that was costing not less than a millio…

[(Applause)]

Hon. Members, on behalf of the Members who have expressed interest and are not going to speak, I would like us to come to a close so that we can move to the next Order. I give my condolences to the family. Deputy Leader of the Majority Party, let us have your Thursday Statement pursuant to Standing Order 44 (2) (a) .

Hon. Temporary Speaker, I rise to give a Statement pursuant to the provisions of Standing Order 44 (2) (a) . I beg to give the following

Thank you very much, Hon. Owen Baya. Hon. Members, the Motion indicated as Order No.9 will move down. We are going to start with Motion No.10. I now call upon the Chairperson of the Committee on Delegated Legislation. Before we go to re-organisation of business, I would like us to go to Order No.8. I call upon the Mover of this Motion to reply.

Hon. Temporary Speaker, thank you very much for the opportunity to reply on the Motion, the inquiry into the maize flour subsidy of last year. I would like to thank the Members who had an opportunity to speak to this Motion especially those who had an opportunity to read the Report. It is a synthesis Report. It does not contain everything that we were presented with because we were dealing with c…

The other issue that was not clear is the contract itself. We were presented with two contracts. The Ministry, indeed, gave us a contract which was not signed by the millers. The contract that was signed by the millers was different. We also found out that there were different amounts of unga produced and purportedly distributed. We found a disclaimer in the contract that cleared the maize millers…

tallied perfectly. The amount requested to be paid did not change. It was static. The membership of this association did not change. We see value for money in terms of this consideration. On the other hand, the Ministry of Agriculture and Livestock Development owes the National Treasury Ksh4 billion in terms of reimbursable money. Therefore, as a House, we need to clear the Ministry to fully reim…

Hon. Members, allow me to reorganise the order of Business. Order No.10 will move up and order No.9 will go down to Order No.10. In that case, I hereby invite the Chairperson of the Committee on Delegated Legislation.

Thank you, Hon. Temporary Speaker, for your consideration. I beg to move: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Excise Duty (Amendment) Regulations, 2023, laid on the Table of the House on Tuesday, 1st August 2023, and pursuant to Section 15 (4) of the Statutory Instruments Act, 2013, approves the Excise Duty (Amendment) Regulatio…

an important source of Government revenue as excise on goods. The principal Regulations provide for reinstalling metering and measuring devices and systems in the production system to ensure that the correct qualities of excisable goods produced or transferred are measured. Therefore, the Regulations provide for specifications for metering and measurement devices or systems. This is important to e…

Hon. Temporary Speaker, in seconding this Motion… I am a Member of the Delegated Legislation Committee which is ably chaired by my learned friend and the Member for Ainabkoi. The Regulations are subsidiary legislation to the main Act, that is, the Excise Duty Regulations of 2017. The sponsors of these amendments informed us that these Regulations will enhance the dual purpose of the Excise Duty b…

Thank you very much for seconding.

Thank you, Hon. Temporary Speaker. It is important for all Kenyans to be responsible for building their own nation. There is no single day when a neighbour or a friend from far away will come and help you open your eyes to what God has given you through mother nature. Paying taxes is our responsibility. The Committee did a wonderful job with this Report. There are people who evade paying taxes. T…

Hon. John Mutunga, Member for Tigania West.

Thank you, Hon. Temporary Speaker, for the opportunity to contribute to this Motion on the adoption of the Report of the

Hon. Members, there being no other interest in this Motion, I would like to call upon the Mover to reply. Kindly give the microphone to Hon. Chepkonga.

Thank you, Hon. Temporary Speaker. I would like to thank Members who have ably contributed to the debate on this Motion. It has been very constructive and enlightening. I would also like to thank the Members of the

Hon. Members, I defer putting of the Question to a time when this Motion will again be scheduled by the House Business Committee. Next Order.

[(Putting of the Question deferred)]

Hon. Temporary Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Special Funds Accounts

Yes.

Hon. Temporary Speaker, I oblige. I would just like to make a few remarks. First of all, I would just like to acknowledge the fact that not only did this Committee look at financial years that were not within their purview, but they also went further to look at other financial reports for previous years to emphasise just how important it is for us to audit the funds that our people receive. First…

are not being given the special consideration that they need. Those Funds have helped many people in this country. I will give you an example of the Youth Enterprise Development Fund. There is a young man from Homa Bay County called Dr Maxwel Okoth. I do not know if you know him, Hon. Temporary Speaker, because he comes from your county. This young man currently has seven hospitals. He started wi…

Auditor-General to give her feedback. She should say what she has done to salvage the said amount of money. I want to conclude by encouraging the Committee and all other committees to keep doing their work. I also encourage Kenyans who work in our State departments not to take their work for granted. They are working for Kenyans just as we are also working for Kenyans. Whatever work we do will en…

There being no further requests for Members to speak to this Motion, I call upon the Mover to reply.

Thank you, Hon. Temporary Speaker, once again for this opportunity. I thank all the Members and the Members of the Committee for their positive contribution towards this Report. On behalf of the Special Funds Accounts Committee, we wish to express our gratitude to the Speaker for the support accorded to the Committee in the discharge of its mandate. The Committee also wishes to record its apprecia…

[(Applause)]

[(Applause)]

Thank you very much, Hon. Chairperson. For the convenience of the House, the putting of the Question to this Motion shall be pended to the next sitting of the House on Tuesday.

[(Putting of the Question deferred)]