National Assembly · Afternoon Sitting

Thursday, 12 October 2023

Session Summary

Members discussed the Primary Health Care Bill, emphasizing the need to link community health promoters with health facilities, improve funding mechanisms, and establish robust audit and revenue management systems. While there was strong support for the bill’s potential to standardise care and reduce costs, concerns were raised about existing infrastructure gaps and the need for adequate resources. The debate highlighted the importance of a coordinated primary healthcare network and standardized county-level health financing. Members debated the Health Facilities Improvement Bill, highlighting chronic under‑funding, poor infrastructure and mismanagement in county health services while endorsing the Bill as a means to ring‑fence funds and strengthen universal health coverage. They stressed the need for clear financial controls to avoid corruption as responsibilities shift to facility management teams. Overall, the discussion was constructive but underscored significant challenges. Members debated the Facilities Improvement Financing Bill, highlighting that current funding mechanisms leave public health facilities under‑resourced and calling for ring‑fenced revenues and clearer disbursement of NHIF payments. They also urged the Bill to include private and mission hospitals, improve management structures, and address pharmaceutical supply and facility efficiency to advance universal health care.

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Hon. Speaker

Serjeant-at-Arms, ring the Quorum Bell. Hon. Members, we now have a quorum to transact business. Order, Hon. Members, take your seats. Member for Naivasha, take the nearest seat.

[(The Quorum Bell was rung)]

[(Hon. Jayne Kihara walked through the aisle)]

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Hon. Speaker

Hon. Members I have a Message from His Excellency the President on the nomination of persons for appointment as High Commissioners and Ambassadors. Pursuant to the provisions of Standing Order 42, I wish to report to the House that I have received a Message from His Excellency the President regarding nomination of persons for appointment as High Commissioners and Ambassadors. In the Message, His …

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Hon. Speaker

Deputy Leader of the Majority Party.

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Hon. Owen Baya (Kilifi North, UDA)

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

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Hon. Speaker

Can we have the Chairperson of the Departmental Committee on Health?

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Hon. (Dr) Robert Pukose (Endebess, UDA)

Hon. Speaker, I wish to withdraw the Papers that I laid on Wednesday, 11th October 2023, during the Morning Sitting on the Facilities Improvement Financing (Senate Bill No.43 of 2023) , and the Primary Health Care Bill (Senate Bill No.44 of 2023) . They had some errors. Hon. Speaker, I beg to lay the following Papers on the Table:

[(Papers withdrawn)]

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Hon. Speaker

Thank you, Dr Pukose. The Chairperson of the Departmental Committee on Sports and Culture. Leader of the Majority Party, where is the Chairperson of the Departmental Committee on Sports and Culture?

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Hon. Kimani Ichung'wah (Kikuyu, UDA)

Hon. Speaker, I know he was away yesterday but he was around this morning. Maybe you indulge him for a few minutes as we try to trace him.

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Hon. Speaker

Is the next Order by the same Chairman for the Departmental Committee on Sports and Culture? Put it aside.

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Hon. Mejjadonk Gathiru (Embakasi Central, UDA)

I rise to request a Statement regarding the 2023/2024 proposed allocation of funds for infrastructure development in junior schools. Hon. Speaker, pursuant to Standing Order 44 and as a matter of urgency, I wish to request a Statement from the Leader of the Majority Party concerning the proposed allocation of funds for infrastructure development of junior schools in the Financial Year 2023/2024. …

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Hon. Mejjadonk Gathiru (Embakasi Central, UDA)

Hon. Speaker, should the formula be applied as proposed, the allocation may fail to pass the equity test and the outcome will be disadvantageous to some schools. In view of this, I request for a Statement from the Leader of the Majority Party on the above concern. Thank you, Hon. Speaker.

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Hon. Speaker

Thank you, Hon. Mejjadonk. Leader of the Majority Party.

[(Loud consultations)]

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Speaker, I have listened to the Statement being sought by the Member for Embakasi Central, Hon. Mejjadonk Mwangi Gathiru, and I just had a conversation with the Chairperson of the Departmental Committee on Education and thought that particular Statement is better placed in his Committee. First, it is a matter that the Committee has been handling and there are indeed issues of concern, and I …

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Hon. Speaker

Thank you. Hon. Mejjadonk, your Statement will be responded to in two weeks by the Chairperson of the Departmental Committee on Education. Next is the Member for Lagdera, Hon. Abdikadir Mohammed.

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Hon. Abdikadir Mohamed (Lagdera, ODM)

Thank you, Hon. Speaker, for giving me the opportunity to make a Statement. Hon. Speaker, pursuant to the provisions of Standing Order 43 (1) , I rise to make a General Statement regarding the recently concluded recruitment of Revenue Service Assistants (RSAs) by the Kenya Revenue Authority (KRA) . On Wednesday, 27th September 2023, the Cabinet Secretary for the National Treasury and Economic Pl…

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Hon. Speaker

Thank you, Hon. Abdikadir. Next is the Member for Nyakach. Hon. Aduma Awuor. Is he here? Let us have the Member for Ganze, Hon. Kazungu Tungule. Yes, Mhe. Kazungu? Give Hon. Kazungu the microphone. There you are.

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Hon. Kenneth Tungule (Ganze, ODM)

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Education regarding the rise of cases of arson in Secondary Schools in Ganze Sub-County. In a span of less than two months, seven secondary schools have been closed indefinitely on account of students torching or attempting to torch school do…

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Hon. Kenneth Tungule (Ganze, ODM)

Hon. Speaker, it is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Education regarding the increased reported cases of students unrest in the country and specifically in Ganze Constituency. I thank you, Hon. Speaker. (Technical hitch)

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Hon. Speaker

…in two weeks.

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Hon. Kenneth Tungule (Ganze, ODM)

Thank you, Hon. Speaker.

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Hon. Speaker

Member for Budalangi, Hon. Raphael Wanjala.

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Hon. Raphael Wanjala (Budalangi, ODM)

Hon. Speaker, I am available.

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Hon. Speaker

Go ahead.

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Hon. Raphael Wanjala (Budalangi, ODM)

Thank you, Hon. Speaker. I have a General Statement on the likely exclusion of facilities in Kisumu and Kakamega counties from hosting the 2027 African Cup of Nations (AFCON) tournament matches and the state of preparedness to host the tournament. Hon. Speaker, pursuant to the provisions of Standing Order 43 (1) , I rise to make a General Statement regarding the likely exclusion of Kisumu City an…

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Hon. Raphael Wanjala (Budalangi, ODM)

preparations so as to avoid us being stripped off the hosting rights due to lack of preparations as has happened previously. I thank you, Hon. Speaker.

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Hon. Speaker

Thank you, Hon. Wanjala. The Chairman of the Departmental Committee on Sports and Culture.

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Hon. Junet Mohamed (Suna East, ODM)

On a point of order, Hon. Speaker.

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Hon. Speaker

Yes, Hon. Junet, what is out of order?

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Hon. Junet Mohamed (Suna East, ODM)

Hon. Speaker, I just wanted to add my voice to the Statement that you have approved for Hon. Wanjala. The AFCON games that are coming are very important and this is the first time we will be hosting the AFCON games in our country. You are a soccer fan and you know very well that what adds flavour to soccer are the fans. If you do not have fans, you will not enjoy a soccer game. You know that very …

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Hon. Speaker

You have made your point. The Chairman of the Departmental Committee on Sports and Culture. Bring a statement in response in two weeks.

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Hon. Daniel Wanyama (Webuye West, UDA)

I concur, but in addition, soccer fans are present across the world. They are not drawn in a specific region. That should not be the basis. As it is, we will seek the Cabinet Secretary for Youth Affairs and Sports to give the Statement, but I want to say that whatever is being aired, is just hot air. We have not confirmed the stadiums that will host those games. We will settle their scores.

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Hon. Zamzam Mohammed (Mombasa County, ODM)

On a point of order, Hon. Speaker.

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Hon. Speaker

Mama Zamzam, what is out of order?

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Hon. Zamzam Mohammed (Mombasa County, ODM)

Ninataka nimuulize Mheshimiwa, anasema bado haijakuwa. Yeye ndiye Cabinet Secretary ama nani? Nimesimama hapa pia nikilia pamoja na Palestine.

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Hon. Speaker

Next is the Member for Kisii County, Hon. Dorice Donya.

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Hon. Dorice Donya (Kisii County, WDM)

Thank you, Hon. Speaker, pursuant to the provisions of Standing Order 43 (1) , I wish to make a General Statement regarding the state of preparedness and response to the potential devastating effects of the impending El Nino rains in the country. Hon. Speaker, weather forecasts have predicted that the period from October to December 2023 carries a very high probability of above-average rainfall a…

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Hon. Dorice Donya (Kisii County, WDM)

prone to flooding such as along river valleys and low-lying plains. While the advent of heavy rains may bring relief to our farmers who have suffered the devastating effects of prolonged drought, we must appreciate that without adequate preparedness, the El Nino rains could quickly turn into a disaster. History serves as a reminder of the havoc that El Nino can wreak on our country, based on its …

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Hon. Speaker

Thank you, Hon. Donya. Three Members had asked to comment on the El Nino issue. I will come back to them. Hon. Caroline Ng’elechei, Member for Marakwet County.

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Hon. Caroline Ng’elechei (Elgeyo Marakwet County, Independent)

Hon. Speaker, I rise pursuant to Standing Order 259D (2) (b) to notify the House of the great achievements in the past few weeks of Mr. Kelvin Kiptum, a Kenyan marathoner. On Sunday, 8th October 2023, Mr. Kelvin Kiptum participated in the 2023 Chicago Marathon where he performed exceptionally. He broke the world record to become the fastest marathoner in the world with a new time of two hours and…

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Hon. Caroline Ng’elechei (Elgeyo Marakwet County, Independent)

Hon. Speaker, it is on this basis that I wish to notify the House of these outstanding achievements by our own, Mr. Kelvin Kiptum, a resident of Elgeyo Marakwet County from Chepsamo Village in Keiyo South Constituency. I request that the tributes of the House be recorded in his honour. Thank you, Hon. Speaker.

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Hon. Speaker

Thank you. So ordered, and congratulations to him. Member for Kajiado North, Hon. Onesmus Ngogoyo.

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Hon. Onesmus Ngogoyo (Kajiado North, UDA)

Hon. Speaker, I rise pursuant to Standing Order 259D to report the demise of the late Hon. Philip Lepish Odupoy, former Member of Parliament for Kajiado North Constituency, which was then Kajiado East, Kajiado West and the current Kajiado North. He passed away on 5th October 2023 at MP Shah Hospital while undergoing treatment. In 1983, Hon. Philip Odupoy vied for the Kajiado North Constituency se…

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Hon. Speaker

Thank you, Hon. Ngogoyo. May his soul rest in eternal peace. I will go back to Hon. Aduma Owuor.

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Hon. Aduma Owuor (Nyakach, ODM)

Thank you, Hon. Speaker.

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Hon. Speaker

Apologise to the House for coming late. I called out your name earlier.

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Hon. Aduma Owuor (Nyakach, ODM)

Hon. Speaker, I apologise to the House. I was engaged in a Committee meeting with the Cabinet Secretary for Interior and National Administration where you had granted the Committee permission to proceed beyond 2.30 p.m. The meeting is still ongoing. I apologise for being late.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Speaker. I am most obliged and will make that Statement next week. As you rightly said, I also want to encourage farmers to take advantage of the rains and the ministries concerned with water harvesting to make sure they harvest it. Hon. Speaker, pursuant to the provision of Standing Order 44 (2) (a) , I rise to give the following Statement on behalf of the House Business Committe…

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Hon. Speaker

Thank you, Leader of the Majority Party. We will go back to Order No.

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Hon. Daniel Wanyama (Webuye West, UDA)

Thank you, Hon. Speaker. I am sorry. I beg to lay the following papers on the Table: Reports of the Departmental Committee on Sports and Culture on its consideration of:

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Hon. Speaker

We will go back to Order No.6. Chairperson, Departmental Committee on Sports and Culture. Hon. Wanyama, you are supposed to give notice of Motion.

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Hon. Daniel Wanyama (Webuye West, UDA)

Come again, Hon. Speaker.

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Hon. Speaker

I have called you out on Order No.6 to give notice of Motion, but I saw you gathering your papers and walking away.

[(Laughter)]

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Hon. Daniel Wanyama (Webuye West, UDA)

What I had, Hon. Speaker, were Reports to table.

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Hon. Speaker

Hon. Wanyama, it is not about what you have, but what is in the Order Paper. Under Order No.6, you are listed to give notice of Motion as the Chairperson of the Departmental Committee on Sports and Culture.

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Hon. Daniel Wanyama (Webuye West, UDA)

I, therefore, give notice of Motion on the same, Hon. Speaker.

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Hon. Speaker

That is not how notices of motions are given, Hon. Wanyama. You are out of order. Are you not ready?

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Hon. Daniel Wanyama (Webuye West, UDA)

Hon. Speaker, I am not ready. Kindly allow me to check and get back to you shortly.

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Hon. Speaker

The Clerk-at-the-Table says you have the notice among those papers. Are you ready?

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Hon. Daniel Wanyama (Webuye West, UDA)

Thank you, Hon. Speaker. I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Sports and Culture on the Budget Implementation Monitoring for the Financial Year 2022/2023, laid on the Table of the House on 12th October 2023. Thank you, Hon. Speaker.

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Hon. Speaker

Thank you. We were at the end of Statements. Before we proceed to the next order, I have been informed that the following schools are in the Speaker’s and Public Galleries:

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Hon. Daniel Wanyama (Webuye West, UDA)

Thank you, Hon Speaker. I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Sports and Culture on its consideration of the 1970 UNESCO Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, laid on the Table of the House on 12th October

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Hon. Speaker

Thank you. Hon Members, we will go back to Order No. 2. I have a short Communication to make. Order, Hon. Millie. Take your seat.

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Hon. Speaker

Hon. Members, I have a Message from the Executive on the nomination of a member to the National Government Constituencies Development Fund Board. Pursuant to the provisions of Standing Order 42 (4) , I wish to report to the House that I have received a Message from the Cabinet Secretary for the National Treasury and Economic Planning regarding the nomination of a person for appointment to the Nat…

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Hon. Speaker

Leader of the Majority Party.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you Hon. Speaker. I beg to move: THAT, pursuant to the provisions of Standing Order 30 (3) (b) , this House resolves to hold a morning sitting on Tuesday, 17th October 2023 commencing at

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Hon. Robert Mbui (Kathiani, WDM)

Thank you, Hon. Speaker. I rise to second the Motion and say two things. One, the normal timetable of the House Sittings is Tuesday afternoon, Wednesday morning and afternoon and Thursday afternoon, and they are not all spent doing parliamentary business. Two, we also have committee meetings, which take the remaining time. This is for the benefit of those who think that Parliament only works in pl…

[(Hon. Millie Odhiambo-Mabona, Hon. Beatrice Elachi, Hon. Julius Melly and Hon. Mary Njoroge stood in the gangways)]

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Hon. Speaker

Order, Hon. Melly and Hon. Members who are upstanding! Take your seats. Mama Dagoretti, take your seat. Next Order.

[(Question proposed)]

[(Question put and agreed to)]

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Hon. Speaker

Order, Hon. Members! Order! Take your seats. Hon. Members, we are in Order No.9 and I will proceed to put the Question.

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Hon. Speaker

Mover.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Speaker, I beg to move that the Statute Law (Miscellaneous Amendments) Bill, (National Assembly Bill No.60 of 2022) , be now read a Third Time. I also request Hon. Irene Mayaka to second.

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Hon. Irene Mayaka (Nominated, ODM)

Thank you, Hon. Speaker. I second.

[(Question proposed)]

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Hon. Members

Put the Question.

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Hon. Speaker

Hon. Members, I have confirmed that we have quorum in the House for purposes of making this decision.

[(Question put and agreed to)]

[(The Bill was accordingly read a Third Time and passed)]

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Hon. Speaker

Thank you. Next Order. First Readings

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Hon. Speaker

Thank you. Next Order.

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Hon. Speaker

The Co- Chairperson of the Mediation Committee on the Public Finance Management (Amendment) Bill.

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Hon. Owen Baya (Kilifi North, UDA)

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Hon. Speaker, I beg to move

THAT, pursuant to the provisions of Article 113 (2) of the Constitution and Standing Order 150 (3) , this House adopts the Report of the Mediation Committee on the Public Finance Management (Amendment) Bill (National Assembly Bill No.16 of 2023) , laid on the Table of the House on Wednesday, 11th October 2023, and approves the Mediated version of the Public Finance Management (Amendment) Bill (Nat…

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Hon. Speaker

Hon. Shurie.

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Hon. Abdi Shurie (Balambala, JP)

Thank you, Hon. Speaker. I want to thank Members of the Mediation Committee, those representing the National Assembly and the Senate, for thoroughly reviewing this Bill, proposing amendments and tabling a report of the revised Bill in record time. Hon. Speaker, I want to inform you that we debated this Bill in this House. Of concern was the rejection by the National Assembly of proposals made by …

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Hon. Speaker

Thank you, Hon. Member. Order, Hon. Member. The Member chatting away in the walkway, can you take your seat? We have been here long enough to understand that we take our seats when the Speaker is on his feet. This is not for the respect of the person on the Chair, but for the respect of the Chair and the Mace. I encourage Hon. Mwenje and others to discuss in the lobby during sittings. You can sit…

[(Question proposed)]

[(Hon. Mark Mwenje consulted along the aisle)]

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Hon. Members

Put the question.

[(Question put and agreed to)]

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Hon. Speaker

Next Order.

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Hon. Ruku GK (Mbeere North, DP)

We want to speak.

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Hon. Ruku GK (Mbeere North, DP)

On a point of order, Hon. Temporary Speaker.

[(Hon. Ruku GK stood in his place)]

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The Temporary Speaker (Hon. David Ochieng’)

Hon. Ruku, resume your seat.

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Hon. Ruku GK (Mbeere North, DP)

This House is empty, Hon. Temporary Speaker. We are seated here because we want to contribute. We have other functions to go to out there. We are very few Members here. We should be given an opportunity to speak. We have other things in the constituencies and ministries to do. We are very few here not because we do not have time to go and do other things. We cannot be taken for granted.

[(Hon. Ruku GK spoke off the record)]

[(Loud consultations)]

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Hon. Ruku GK (Mbeere North, DP)

No!

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The Temporary Speaker (Hon. David Ochieng’)

Hold on. Hon. Members, this is something that is very simple. You do not have to spend any energy or emotions on it. What Hon. Makilap has done is what is done normally. Hon. Osoro. What Hon. Makilap has done is very normal. We do this very many times. A Member rises in his or her place and asks the Mover to be called upon to reply. Where Members do not agree, they say it and we proceed. Hon. Ru…

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

[(Hon. Ruku GK stood in his place and spoke off the record)]

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

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Hon. Fatuma Mohammed (Migori County, Independent)

On a point of order, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. David Ochieng’)

Yes, Hon. Fatuma.

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Hon. Fatuma Mohammed (Migori County, Independent)

Hon. Temporary Speaker, I find the Hon. Member standing to be disrespectful to your seat and other Members. We are all elected Members of Parliament who are equal. If a decision has been made in this House by the majority, he should respect it. May he proceed and respect the decision that has been made. Thank you, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. David Ochieng’)

Mover.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Temporary Speaker, in reply I would like to say that this is an important Bill for the nation. We need to streamline health facilities and health laws to give this country a new regime in management of facilities. I beg to reply.

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The Temporary Speaker (Hon. David Ochieng)

Thank you very much Hon. Baya. For obvious reasons, I will call the next Order.

[(Putting of the Question deferred)]

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The Temporary Speaker (Hon. David Ochieng’)

Hon. Members, the time being exactly 7.00 p.m., the House stands adjourned until Tuesday, 17th October 2023 at 10.00 a.m. Hon. Members, remember that we voted to have a special sitting on Tuesday morning. So, we will resume at 10.00 a.m. on Tuesday, 17th October 2023. Thank you. The House rose at 7.00 p.m.

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The Temporary Speaker (Hon. David Ochieng’)

Published by Clerk of the National Assembly Parliament Buildings Nairobi