National Assembly · Afternoon Sitting

Hon. Members, we have quorum to transact business.

Hon. Members at the Bar, take the nearest seats. I have a short communication to make. Hon. Members, as you are aware, the National Assembly customarily organises various fora aimed at providing opportunity for interaction, experience sharing and capacity building for Honourable Members. Indeed, you recall that during the inception of the 13th Parliament, the National Assembly marshalled a number…

On a point of order.

Yes, Hon. Mbui.

Hon. Speaker, today is a Special Sitting, even though we are supposed to be in recess. I have just reviewed the Order Paper before us, and it does not conform to the purpose of the Special Sitting. The afternoon session only lists the appointment consideration for nominees to the Salaries and Remuneration Commission (SRC) , along with the two bills that we dealt with in the morning. There must be …

Are you looking at the Morning Order Paper?

No, I am looking at the Afternoon’s Order Paper.

Have you seen the Supplementary Order Paper? We have a Supplementary Order Paper that strictly conforms to the call for a Special Sitting.

It is not available on the system.

Has it been uploaded?

No. I also thought that there cannot be a Supplementary Order Paper on a Special Sitting because it must align with what was in the Gazette Notice.

It absolutely conforms, Hon. Robert Mbui, for the simple reason that you, as a Member of the Committee on Appointments, had the laying of your report in the morning. Right? In the afternoon, the Supplementary Order Paper has now been prepared to include a Motion on that report. It does not deviate from anything that we gazetted or communicated to you. You may recall that yesterday we discouraged o…

Yes it is.

You are a fast learner.

[(Laughter)]

He is not? Next Order.

Leader of the Majority Party.

Hon. Speaker, I beg to lay the following papers on the Table: List of nominees to 62 National Government Constituencies Development Fund committees submitted by the National Government Constituencies Development Fund Board—

Thank you, Leader of the Majority Party. Next is the Chairperson of the Departmental Committee on Justice and Legal Affairs.

Thank you, Hon. Speaker. I beg to lay the following Paper on the Table: A joint report of the National Assembly Departmental Committee on Justice and Legal Affairs and the Senate Standing Committee on Justice, Legal Affairs and Human Rights on consideration of the National Dialogue Committee (NADCO) and the report of the Multi-Sectoral Working Group on the Realization of the Two-thirds Gender Rul…

Next Order.

Order, Hon. Murugara! Resume your seat.

(Hon. Kangogo Bowen consulted with Hon. Kimani Ichung’wah) Hon. Bowen, take your seat. I could not recognise you from your backside.

Chairman, the Kenya Women Parliamentary Association (KEWOPA) , take the nearest seat.

Chairperson!

She told me she prefers to be called Chairman.

[(Laughter)]

Mover, Leader of the Majority Party.

Hon. Speaker, I beg to move that the Persons with Disabilities Bill (Senate Bill No.7 of 2023) be now read a Third Time. I also request Hon. Zamzam, the Member for Mombasa County to second.

Hon. Speaker, I second.

Thank you. Dr Nyikal, take the nearest seat.

[(Hon. (Dr) James Nyikal walked into the Chamber)]

Thank you. Next Order.

Thank you, Hon. Speaker. I beg to move the following Special Motion: THAT, taking into consideration the findings of the Departmental

2025, and pursuant to the provisions of Articles 152(2) of the Constitution and sections 3 and 8 of the Public Appointments Parliamentary Approval Act (Cap. 7F), this House approves the appointment of the following persons as cabinet secretaries—

The Leader of the Majority Party.

Thank you, Hon. Speaker. This is a very short Motion. Hon. Speaker, I beg to move: That, the House considers the Senate amendments to the Gambling Control Bill, (National Assembly Bill No.70 of 2023) be now considered. This Bill was passed in this House early last year, if we may remember, together with the Betting Control Bill. Because it had the provisions that touched on county governments, it…

I beg to move. I also ask the Hon. Caroli Omondi, who I believe is a Member of this Committee, to second. Thank you, Hon. Speaker.

[[The Speaker (Hon. Moses Wetang’ula) left the Chair] [The Deputy Speaker (Hon. Gladys Boss) took the Chair]]

Thank you very much, Hon. Deputy Speaker and thank you very much the Leader of the Majority Party. Hon. Deputy Speaker, I have the pleasure in seconding the Motion that the Senate amendments to the Gambling Control Bill now be considered. As the Leader of the Majority Party has pointed out, there are several inconsistencies or legal challenges that we identified in relation to the proposed amend…

[(Question proposed)]

[(Hon. Ibrahim Saney spoke off the record)]

Yes, I am trying to give you the microphone. You now have it.

Thank you, Hon. Deputy Speaker. As much as I am loyal to the Leader of the Majority Party, those in leadership offices have been given a constitutional opportunity to speak quite often, while the ordinary Members have to struggle to catch the Speaker's eye. It is a rare opportunity. That is why I have been adamant that I should also say something, so that the people of Wajir North can hear their M…

I was just casually going through Article 96 of the Constitution on the role of the Senate. The Senate has nothing to do with the issues raised in the Motion. Articles 96(1), (2) and (3) limit the role of the Senate to county matters, the interest of the counties, matters affecting the counties, and protecting the county governments. The role of the National Assembly is within the purview of the f…

Member for Gichugu, Hon. Gichimu Githinji. Hon. Nyikal, you are next. So, hold on.

Thank you, Hon. Deputy Speaker. I support the Motion to reject all the amendments by the Senate because it has overstepped its mandate as per the Constitution. Under Article 96 of the Constitution, the Senate is supposed to protect the interests of the counties. It follows that it should also oversee matters that relate to the counties. Sometimes I find it very contradictory that the National Ass…

Let me give an opportunity to Hon. Nyikal, Member for Seme. He was the last one on the list.

Thank you, Hon. Deputy Speaker. I rise to agree with the Committee. However, I want to raise a very fundamental issue. The Committee has stated that some of the amendments that we are rejecting are unconstitutional. That raises the issue of the Senate processes during consideration of Bills. How can something unconstitutional be passed with the Clerk sitting there? How did that happen? If the piec…

[(Question put and agreed to)]

[(The Deputy Speaker (Hon. Gladys Boss)]

Hon. Members, let me put the Question afresh.

[(Loud consultations)]

Yes!

Okay. I will do so.

[(Question put and negatived)]

[(Loud consultations)]

Hon. Members, the net effect of that is that when we go to the Committee of the whole House, we will only consider the Startup Bill. Therefore, we shall not consider the second part of it, which is the Senate Amendments, which you have just rejected. Next Order.

THAT, the Bill be amended by deleting Clause 9.

This amendment seeks to accommodate new incubation provisions which are already provided under Part IV of the Bill. (Question of the amendment proposed)

Put the Question. The Temporary Chairman : Mover.

[(Question, that the words to be left out be left out, put and agreed to)]

[(Clause 9 deleted)]

[(Hon. David Ochieng’)]

Hon. Temporary Chairman, I beg to move that the Committee do report to the House its consideration of the Startup Bill (Senate Bill No. 14 of 2022) and its approval thereof with amendment.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

Hon. Temporary Chairman, you may move the report.

Hon. Deputy Speaker, I beg to report that the Committee of the whole House has considered the Startup Bill (Senate Bill No.14 of 2022) and approved the same with amendment.

Mover, Hon. Mayaka.

Hon. Deputy Speaker, I beg to move that the Startup Bill (Senate Bill No.14 of 2022) be now read a Third Time. I also request Hon. Marianne Kitany to second.

This is a very good Bill. I second.

I beg to move that the House do agree with the Committee in the said report.

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee in the said report. I request Hon. Marianne Kitany to second.

Hon. Kitany.

I second.

Put the Question!

Hon. Members, we can put the Question. We have the requisite number of Members to do so.

[(Question put and agreed to)]

Hon. Mayaka, Mover of the Bill, move the Third Reading.

Hon. Deputy Speaker, I beg to move that the Startup Bill (Senate Bill No.14 of 2022) be now read a Third Time. I also request Hon. Alice Ng’ang’a to second.

Hon. Deputy Speaker, I second.

[(Question proposed)]

Put the Question!

[(Question put and agreed to)]

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