National Assembly · Afternoon Sitting

Put the Question!

There is no matter before the House to put a Question. Hon. Members, there is second communication on the substitution of the nominee for appointment as the Principal Secretary, State Department for Correctional Services.

[(Several Members entered the Chamber)]

Can the Members take their seats? Please, take the nearest seats available. You do not have to walk to where you ordinarily seat. When the Chair extends courtesy to you to take a seat, take the nearest available seat. There are many seats unoccupied behind there so that we do not disrupt business for long.

Hon. Members, Standing Order 42 (1) relating to Messages from the President provides that the Speaker shall read to the House any message from the President delivered to the Speaker for communication to the House. In this regard, I wish to convey the following Message from His Excellency, the President regarding, the substitution of a certain nominee for appointment as a Principal Secretary. In …

[(Hon. Junet Mohamed spoke off-record)]

Hon. Speaker, I have not stood to debate your Message. However, as a Member of the Departmental Committee on Justice and Legal Affairs, I stand here to sympathise and empathise with my brother, Hon. GK.

Order! You are totally out of order. Under what Standing Order do you extend sympathy and empathy to any Member?

[(Laughter)]

Do we have any Papers? Leader of the Majority Party.

Thank you, Hon. Speaker. Members must appreciate that Hon. Junet occasionally wants to entertain the House and especially on Thursday evenings. I beg to lay the following Papers on the table of the House: The fourth batches of nominees to 43 NG-CDF Committees from the NG-CDF Board for the following constituencies:

Hon. Wandayi.

Thank you very much, for your indulgence. This is the right time for me raise this equally important matter. We have had endless debates on the NG–CDF matter and while appreciating the fact that we are currently at the stage of engagement on some things that are being proposed, it is on record and true that it is the first time since 2013 when I first joined this House, that we are getting to the…

[(Loud consultations)]

Hon. Speaker, we are soon going on the long recess which will only end sometime in February or March next year. Going by the past precedent, if this House adjourns for recess without a clear indication as to when disbursement of the NG-CDF will be made, we stand the risk of staying all the way up to the last quarter of this financial year without any single amount of money being disbursed yet as w…

Hon. Leader of Majority Party, do you have anything to say?

Thank you, Hon. Speaker. I just want to associate myself with the sentiments of the Leader of Minority Party that matters to do with NG-CDF and the NG-AAF which is ably patronised by our County Members of Parliament are matters that are very sensitive not just to us but to the people who we sit here to represent. There is nobody in the Executive who should imagine that you are doing any Member any…

Hon. Leader for Majority Party, I will give an opportunity perhaps together with Chair of the Budget and Appropriations Committee and the Departmental Committee on Finance and National Planning to engage the Cabinet Secretary for National Treasury. I will give you an opportunity on Tuesday afternoon to make a formal statement out of that engagement so that you can to guide the House accordingly.

[(Applause)]

Hon. Speaker I beg to lay the following Paper on the Table of the House today, Thursday 10th November 2022. Report on the Select Committee on NG-CDF on list of Nominees to the NG-CDF for 124 constituencies.

Thank you. Do you have a Notice of Motion as well?

Hon. Speaker, I beg to give notice of the following Motion: THAT, noting the Resolution of the Senate of Wednesday, 9th November 2022 regarding its partial concurrence on the appointment of Members of Parliament to the Parliamentary Service Commission, notwithstanding the provisions of Standing Order 49, and pursuant to the provisions of Article 127 (2) of the Constitution, this House approves th…

Hon. Musa Sirma, did you have a Notice of Motion or a Paper to lay? What do you have?

Hon. Speaker, I beg to give notice of the following Motion: THAT, pursuant to provisions of Section 43 (iv) of the National Government Constituency Development Fund Act 2015 and Paragraphs 5 (ii) and 10 of the National Government Constituency Development Fund regulations 2016, this House approves the list of Nominees for appointment for the following 124 constituencies committees of the National …

Thank you, Hon. Sirma, next. Yes, Hon. Chepkong’a.

Thank you, Hon. Speaker

Hold your horses Hon. Chepkong’a. Leader of Majority Party, do you not have a normal Statement of Thursday on the Business of the following week?

Thank you, Hon. Speaker. I was standing up then the Clerk moved away. Pursuant to the provisions of Standing Order 44 (2) a, I rise to give the following Statement, on behalf to the House Business Committee which met on Tuesday, 8th November 2022, to prioritize the Business for consideration during the week. Hon. Speaker on Tuesday, the House expects to undertake the First Readings of the follow…

are fully constituted, I encourage Members to robustly undertake their oversight, legislative, and representative roles in earnest and serve the people of Kenya whom we represent. The HBC will reconvene on Tuesday, 15th November 2022 to schedule business for the coming week. I now wish to lay this Statement on the Table of the House.

Thank you, Leader of the Majority Party. Hon. Members, before we go to the next Order, allow me to acknowledge students from the following schools who are in the Public Gallery:

Thank you very much, Hon. Speaker. I rise pursuant to Standing Order 83 as read together with Standing Order 1. While considering a number of regulations that were referred to the Committee on Delegated Legislation in the last two meetings, we were faced with a lacuna. There are certain regulations that had been made by certain statutory bodies or persons authorised to make regulations, but the bo…

Although it is fatal, they continue to ensure that compliance is met. Article 94(5) of the Constitution gives Parliament the exclusive authority to make provisions that have the force of law. There are some busy bodies purporting to make regulations without sending them to this House. We know a number of them. For instance, Hon. Titus Khamala spent all his time discussing a Motion on delocalisatio…

I had been approached by Hon. Junet to raise a similar issue. You will share the credit. Hon. Junet.

Thank you, Hon. Speaker. The matter that has been raised by Hon. Chepkong’a is fundamental. This is a matter that was debated in this House in the last Parliament. We debated it a whole afternoon. At that time, the debate was confined to the illegal regulations that the CBK Governor gave to banks in this country. As you are aware, there are people in the Executive who are operating under the old o…

The CBK Governor issued orders in form of a letter stating that anybody, including ordinary citizens doing business with any bank, when depositing or withdrawing Ksh1 million, must fill a form stating to the bank where they got the money from or where they are taking the money in case of withdrawing. Now, if you write that you are withdrawing money to take it to your house and that information is …

[(Laughter)]

[(Laughter)]

Hon. Majority Leader.

Thank you, Hon. Speaker. I want to join my two colleagues in expressing my concern on the same. This issue that Hon. Chepkong’a has raised goes to the heart of our Constitution in terms of what is defined as the role of

Parliament. I want to draw the attention of Members to Article 94(1) of the Constitution on the role of Parliament. It says: “The legislative authority of the republic is derived from the people and, at the national level, is vested in and exercised by Parliament.” If you go further to Article 94(5) it says: “No person or body, other than Parliament, has the power to make provision having the fo…

to make a considered ruling that will bring back our roles not just as legislators and representatives of our people, but also as an oversight institution that makes laws and subsidiary legislation through regulations or orders which govern our people. With that, I beg to ask you, if and when you make your considered ruling, to restore that role of Parliament in line with Article 94(1) and Articl…

Hon. Robert Mbui and Hon. Wangare then we close there. Take three minutes each. Robert Mbui (Kathiani, WDM) : Thank you, Hon. Speaker, for the opportunity. I also join my colleagues in confirming that the wisdom of this House in forming the Committee on Delegated Legislation was to ensure that all statutory instruments, in other words subsidiary legislation, are brought for approval in the House.…

Hon. Member for Gilgil.

Thank you, Hon. Speaker. I pick up from where Hon. Mbui ended. I sat in that Committee in the 12th Parliament and the Committee on Delegated Legislation has a lot of power that it can exercise. The Committee should immediately annul any legislation or regulations that have come before it and not tabled officially. Let makers of regulations go back to the drawing board and submit the regulations ag…

I will extend to one more Member, Hon. Kamket. I am told he was the Chairperson of the Committee on Delegated Legislation. I believe where he comes from, he is the biggest victim of such regulations.

[(Laughter)]

Indeed, Hon. Speaker. As you have stated and as I speak, there is a security operation in my constituency which is not being enforced through the law. I was the Chairman of this Committee as we were winding up the last Parliament. Hon. Members who were in that Parliament remember most of the reports we brought to this Parliament had only one conclusion: annul all the regulations in entirety. Do yo…

Thank you, Hon. Members. Indeed, the matter raised by Hon. Chepkong'a is very weighty. Many Kenyans are victims of illegal directions in the name of regulations. There is no shortage of facts. There is no shortage of law. I will give you a considered ruling on Thursday next week at 2.30 p.m. Next Order. Hon. Bensuda, you may take your seat. The Motion is quite long. Take your seat.

[(Hon. Atieno Bensuda walked into the chamber)]

no unified national policy or legislation in support of the sector and SMEs across the entire value chain; now, therefore, this House resolves that the national Government develops a unified national policy on small and micro-enterprises (SMEs) detailing recognition, funding, mentoring, expansion, restructuring and marketing of the SMEs products. (Moved by Hon. Beatrice Elachi on

Next Order.

Hon. Speaker, I beg to move the following Motion:

THAT, taking into consideration the findings of the Joint Committee of the National Assembly Departmental Committee on Administration and Internal Affairs and the Senate Standing Committee on National Security, Defence and Foreign Relations, in its Report on the vetting of Eng. Japhet Koome Nchebere for approval as Inspector-General of the National Police Service; laid on the Table of the House on…

Order Hon. Members! Those who are withdrawing from the Chamber, kindly do so quietly. Proceed, Hon. Member.

Hon. Members, let us have some order please. After receiving the Messages from His Excellency the President on the nomination of Eng. Japhet Koome Nchebere for appointment to the position of the Inspector General of National Police Service; the Speaker of the National Assembly and the Speaker of the Senate on Tuesday, 25th October 2022 and Tuesday, 18th October 2022, respectively, issued a Commun…

Foreign Relations. The joint committees held a preliminary sitting on Monday, 7th November 2022 to prepare for the approval hearing and consider memoranda received from the public. To fulfil the requirement on personal integrity, the Clerk on Tuesday, 25th October wrote to the Directorate of Criminal Investigations (DCI), Kenya Revenue Authority (KRA), the Ethics and Anti-Corruption Commission (E…

Yes Seconder.

Thank you, Hon. Temporary Speaker and the Chairperson. I second this Motion. Mr. Japhet Koome is one of the most distinguished police officers in the Service for a very long time. He happens to have been among those who have waited in line for almost 30 years to rise to the very top. For that reason, in this country, if there is justice, fairness, equity and all things associated with the good thi…

Put the Question.

Hon. Members, I will propose the Question first.

[(Question proposed)]

Put the Question

Hon. Members, is that the mood of the House?

Yes.

Hon. Members, I will put the Question for the Mover to be called upon to reply because he has a right to.

[(Question, that the mover be now called upon to reply, put and agreed to)]

Hon. Members, I call upon the Mover to reply.

Thank you, Hon. Temporary Speaker. I take this opportunity to thank Members for approving the nominee for the position of Inspector- General of Police. The man is up to the task. We know the challenges that are ahead of us in this country. I beg to reply.

Hon. Members, next Order.

Hon. Temporary Speaker, I beg to move the following Motion: THAT, aware that Article 42 of the Constitution accords every person the right to a clean and healthy environment and that Article 69 (1) (d) also mandates the State to encourage public participation in the management, protection and conservation of the environment; further aware that deforestation is one of the main contributors to clim…

As they were doing this, they wanted a person who could set up a city. They identified a place called Masaku. They said that Masaku looked like a good place to put up a capital city. They said that Masaku would be the capital city of a Republic called Kenya. They dispatched a young man by the name of Ainsworth who was a District Commissioner. He must have been about 20-something years old. He star…

are now feeling the effects. The City is way hotter, drier and less beautiful. What used to be the Green City in the sun – Nairobi - is no more. What has happened to Nairobi has happened to almost every other urban centre in this country and beyond. Back then, trees had beautiful landmarks. If you went to Hurlingham, you could see beautiful trees. Nobody knew where the Department of Defence (DOD)…