National Assembly · Afternoon Sitting

Thank you, Hon. Deputy Speaker. I rise to request a Statement regarding the disappearance of Mr Mohamed Omar Dara Qolati from Kipao in Garsen Constituency and Abdulkadir Shariff Chuma from Dhidhawaraide. Pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request a Statement from the Chairperson of the Departmental Committee on Administration and Internal Affairs regarding the abd…

Chairperson of the Departmental Committee on Administration and Internal Affairs, Hon. Tongoyo. Do you have something to say about the request for a Statement by Ali Wario, Member for Garsen Constituency, over the disappearance of Mohamed Omar Dara Qolati?

We will transmit the same to the Ministry of Interior and National Administration and the Cabinet Secretary (CS) for that matter. We will give a response in two weeks.

How long? What period?

Two weeks, Hon. Deputy Speaker.

Hon. Wario, is two weeks okay?

Two weeks is too long because the parents are sick. They have blood pressure. His father is unable even to get out of the house as I am speaking. Two weeks is too long. This is the Government. Maybe three days.

I think three days is a bit too short. Maybe a week. Hon. Tongoyo, try to get a response within a week. Do not go beyond that.

So guided.

Thank you. Next Order.

Mover, you may proceed.

Hon. Deputy Speaker, thank you very much. I would like to reply to the debate on the Presidential Address delivered by His Excellency the President in this House on 9th November 2023. It is very important to note that this State of the Nation Address is anchored in law. It is a constitutional mandate of the President, under Article 132 (1) (c) and Article 240 (7) of the Constitution, to come to th…

nation. We noted the progress the Government has made especially in agriculture, education, health and the key sectors that need to be dealt with. The House noted all these things. Members noted, I also note, they are hopeful that the investments we are making as a Government and as delivered by the President are transformative. This is at both the micro and macro levels and on the fiscal and mon…

[(Loud consultations)]

Next Order.

On a point of order, Hon. Deputy Speaker.

What is your point of order, Leader of the Minority Party?

Hon. Deputy Speaker, I rise on Standing Order

Hon. Osoro.

Thank you, Hon. Speaker. After listening to the Leader of Minority Party, I have taken note of the Standing Orders he has raised, particularly Standing Order No. 89 on matters sub-judice or secret.

[(Loud consultations)]

Hon. Members, this is an extremely important matter. Kindly, if you want to consult, you can to do it outside the Chamber or consult in low tones. Let us be mindful of others. Proceed.

Thank you, Hon. Speaker. The Constitution of Kenya is the supreme law of the land. It gives all the arms of the Government responsibilities and autonomy in their way of operation. Articles 95 and 96 of the Constitution mandates Parliament to oversee, legislate and represent the people. Article 240 of the Constitution gives Parliament the sole responsibility of approving a proposal to deploy forces…

The Leader of the Majority Party. I will come to you Hon. Otiende, Member for Rarieda.

Thank you, Hon. Deputy Speaker. What Hon. Opiyo Wandayi has said of there being a case in court is, indeed, true. That is in the public domain. Everyone who follows what happens in the courts will know that there is such a case before a court. I know that in the purported paper that he has tabled – as my Whip has said – the last directive says that: “… a conservatory order is hereby issued restrai…

For all I know, the matter in court did not in any way restrain or give orders against Parliament carrying out its constitutional mandate of debating and approving deployment. In line with the Constitution, Parliament does not deploy officers. What it does is to consider such a Motion for approval of deployment of those officers. It is other agencies, but not Parliament, who are restrained from de…

[(Laughter)]

Hon. Otiende, Member for Rarieda.

Thank you, Hon. Deputy Speaker. I support the Point of Order by the Leader of the Minority Party. I want us to address this matter as a united House, and not in terms of our partisan divisions. These are consequential matters in terms of precedence. First, as read by Hon. Wandayi, Standing Order 89 (2) clearly restricts discussion of active civil matters. Standing Order 89 (3) (c) further states:…

It is clear that the quoted case E389/2023 is active, has been set down, and has not been ended by discontinuance or judgment. It falls under the provisions of Standing Order 89. All the quoted Articles of the Constitution are true. However, despite those provisions, in our wisdom as a House, we established the Standing Orders and included Standing Order 89. If it were possible for us to willingly…

On a point of order, Hon. Deputy Speaker.

What is your point of order? We need to bring this debate to a close so that I can pronounce myself on it.

Hon. Deputy Speaker, Senior Counsel Otiende Amollo referred to me saying that, “When I become a liar.” I do not intend to become a liar.

[(Laughter)]

someone is talking about lawyers or liars. There is a famous movie called Liar Liar about lawyers. For the record, I do not intend to be a liar, nor do I intend to become a lawyer. I have taken judicial and parliamentary notice of the court orders. The point I wanted to make is that there is no injunctive order against Parliament. The injunctive order is on those who are charged with the responsi…

Hon. Members, having listened to the various Members, one of the two matters in contention is the interpretation of Standing Order 89, which states that no matter shall be discussed if it is sub-judice. A matter is not sub-judice simply because it has been filed. A matter is sub-judice when you discuss its merits and demerits while it is before a court. That is not what is happening in the House. …

On a point of order, Hon. Deputy Speaker.

Are you making a point of order against my ruling?

[(Laughter)]

Chairperson of the Budget and Appropriations Committee. Proceed.

Thank you very much, Hon. Deputy Speaker, for giving me an opportunity. I rise to move a Report from the Budget and Appropriations Committee on the Supplementary Estimates I for the Financial Year 2023/2024. Previously, I would be given a lot of time to move this Report but today, I do not wish to take much time because I can see we have a lot of important business. First of all, I wish to bring…

Hon. Chairperson, I hope you will move the Motion as written before you finish.

Yes, I will move it before I finish or right now. I wanted to move when concluding but it is always better to do it earlier so that Members can get the talking points from the essence of the Order Paper. Hon. Deputy Speaker, I beg to move: THAT, this House adopts the Report of the Budget and Appropriations

Chairperson of the Departmental Committee on Administration and Internal Affairs, please, inform the House what this is all

Thank you, Hon. Temporary Speaker. I want to clarify in simple terms what the amendment intends to achieve. First, I want to thank the Chairperson and Members of the Budget and Appropriations Committee for seeing it fit to table this amendment. The Chairperson had mentioned that we know the situation that we are in as a country, especially on matters of security. His Excellency the President has …

[(Question of the amendment proposed)]

Hon. Members, I order that the amendments, as prescribed on this sheet which I am holding, be circulated to all Members so that as they debate this Motion, they are able to refer to it, especially as we proceed to the Committee of Supply.

The next Member to speak to this is Hon. James Nyikal. (The Clerk-at-the-Table consulted the Temporary Speaker Hon. Omboko Milemba)) Order, Hon. Members. I have received further guidance that we first deal with the amendment before we proceed to debate on the entire Report.

Put the Question!

It seems that it is the mood of the House that I put the Question and, therefore, I will proceed to do so. The first to speak on the amended Motion is Hon. James Nyikal.

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

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

[(Question that the words to be inserted in place thereof be inserted, put and agreed to)]

[(Resumption of debate on the Motion as amended)]

Thank you, Hon. Temporary Speaker, for allowing me to contribute to the debate on the Supplementary Estimates. I must applaud the Budget and Appropriations Committee for bringing this Motion. We should implement these Supplementary Estimates because they drive the economy. Government budgets are the biggest financial supplier to the economy. We will be okay if we sort that out. The main objectiv…

in economics, but I have never heard us talking about restructuring. Must we pay today even when our children are dying? Can we not say we will do that? I have never heard that and whether this is on purpose, I have heard it in many circles but not when we are dealing with our issue. When we talk of increasing taxes and rates so that we attract money from abroad, we must also realise that if the …

I am telling you the interest here is overwhelming. You have had your bite. Hon. Julius Melly.

Thank you, Hon. Temporary Speaker. I rise to support this and commend the Chairperson of the Budget and Appropriations Committee and the whole Committee for a well-documented Report on the Supplementary Budget. This budget has addressed pertinent issues; the issues that affect the people. These issues affect the common person. On the issues at play, as the Chairperson of the Committee on Education…

Hon. George Murugara (Tharaka, UDA): On a point of order.

What is your point of order, Hon. Murugara?

Thank you very much, Hon. Temporary Speaker. Allow me to stand under Standing Order 95. I wish to explain as follows: As soon as we finish the debate which we are moving on with very well, we are moving on to the Committee of Supply. In this Committee, we will move item by item as we supply money to the Government. Every Member will have the opportunity to contribute on every item you want to cont…

[(Applause)]

Well, you know the Speaker is blind. In as much as I have seen overwhelming interest in the debate, a Member has risen from his place under Standing Order No.95 that we call upon the Mover to reply. I will put the Question. Let me guide as follows: That as we invite the Mover to reply and, when we get into the Committee of Supply in the afternoon, let Members be allowed to speak on this Supplemen…

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

Thank you very much, Hon. Temporary Speaker. I thank all Members who have contributed. We will be here in the afternoon to talk about all these issues on specific terms. I will also be available here to clarify any issues to Members and our colleagues. Therefore, Hon. Temporary Speaker, I beg to reply.

[(Applause)]