National Assembly · Morning Sitting

be issued with one ballot paper. On receiving a ballot paper which has been duly stamped, each Member shall proceed to one of the ballot booths, which are located on either side of the Chair, and secretly record his or her votes by putting a mark in the space provided on the ballot paper. That means recording of a vote against the names of their preferred candidates as clustered. Hon. Members, Ru…

In accordance with Rule 18(2), the presiding officer, shall, in the presence of the counting agents count and tally the votes cast. Pursuant to the provisions of Rule 19, when the votes have been counted and the results of the election ascertained:

Thank you, Hon. Speaker. Being one of the Members who have worked with Lucy, I want to appreciate her role, especially when we go to the Table Office. I have also worked with her in the House and Procedure Rules Committee. She is a great clerk who has helped us a lot when dealing with Questions, Petitions, or even legal issues. On my own behalf and that of the people of Endebess, I wish her all th…

Hon. Keynan.

Thank you, Hon. Speaker. I have known Lucy since her days as a young Company Secretary at the Kenya National Trading Corporation and I remember her in a very unique way. In 1991 as a university student, I walked into her office when she was Company Secretary, during the Kenya African National Union (KANU) regime. At that time, sugar licensing used to be a very important exercise. I explained what …

asked her to stay, but because we must create space for other people, we appreciate and wish you well.

Hon. Wandayi.

Let me also join my colleagues in wishing Madam Lucy well in her well-deserved retirement. I must also attest to the fact that Ms. Lucy has been one of those impeccable, hardworking and diligent officers that we have ever come across in Parliament. In fact, many a times, when you come across her, you see an officer whose is self-effacing. She does not put on airs as they say. She is an officer who…

Let us have Hon. Rachel Nyamai.

Thank you, Hon. Speaker. Let me take this opportunity to congratulate Madam Lucy. For the two terms that I served as the Chairperson of the Departmental Committee on Health and also as the Chairperson of the Departmental Committee on Lands, she was extremely useful. For the few days we have been privileged to sit in your panel, Ms. Lucy has been very useful. Hon. Mutuse can bear me witness that a …

Thank you, Hon. Members. Next Order. Hon. Nyikal.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Select Committee on the National Government Constituencies Development Fund, laid on the Table of the House today, Thursday, 17th November 2022, and pursuant to the provisions of Section 43 (4) of the National Government Constituency Development Fund Act, 2015 and paragraphs 5 (2) and (10) of the

National Government Constituencies Development Fund Regulations, 2016, approves the list of nominees for appointment to the following seventy (70) Constituency Committees of the National Government Constituency Development Fund -

Thank you, Hon. Chairman. Next Order. We will start with Statements. The Member for Tiaty, Hon. Kamket.

Hon. Speaker, pursuant to Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Budget and Appropriations Committee regarding the disbursement of money from the Equalisation Fund. Equalisation Fund became operational in the Financial Year 2011/2012. In 2013, 14 counties identified by the Commission on Revenue Allocation benefited from Ksh11.8 billion from the E…

[(Loud consultations)]

Order, Hon. Members. We cannot hear what is going on. Hon. Sirma and your team, take your seats. Hon. Members, can we bring some order to the House? Go on, Hon. Kamket.

I will continue. What is the status of implementation of the second policy and criteria for sharing revenue amongst marginalised areas? State when the new regulations approved by this House will be in force.

Hon. Kamket, if you are done, we can go to the Leader of the Majority Party. Is the Chairman of the Budget and Appropriations Committee, Hon. Ndindi Nyoro, in the House? Do you have a Statement to make?

Hon. Speaker, it is not a Statement. The request for a Statement was directed to my Committee and we will be giving Mheshimiwa feedback in the next two weeks.

Excellent. Next is the Leader of the Majority Party.

Thank you, Hon. Speaker. With your indulgence, I wish Ms. Lucy Wanjohi all the best as she commences her retirement. As you said, Hon. Speaker, it is, indeed, true that one may not look as old as they are. Ms. Lucy looks much younger and I was particularly shocked when you said you have worked with her. You look much older. That tells you how strenuous our work as politicians is compared to the go…

Hon. Mbadi.

[(Hon. Kimani Ichung’wah laid the Statement on the Table)]

[(Loud consultations)]

Thank you, Hon. Speaker. I appreciate the Statement that has been issued by the Leader of Majority Party regarding business for the

coming week. I just wanted to draw your attention to a Motion that I filed procedurally regarding issues pertaining the electoral process in this country. That Motion was supposed to set up an ad hoc committee. The main reason is that we have had elections challenged at the Supreme Court from 2013 to date. There are some recommendations which have come from the Supreme Court which this House is su…

[(Loud consultations)]

Order, Hon. Members. Order, Hon. Ruku and your group! Order, Hon. Members. Member for Narok County, you are conducting illegal meetings in the Chamber.

[(Laughter)]

Thank you, Hon. Speaker. I was just concluding. I was very attentive to hear if my Motion would be brought for even the notice to be given. It will help this House to implement some of the recommendations that have come from the Supreme Court, regarding the improvement of our electoral process. I had recommended forming a bipartisan ad hoc committee to look at those issues. I am concerned because …

You have made your point, Hon. Mbadi. Leader of the Majority Party, do you have any response to that?

Thank you, Hon. Speaker. It is indeed true that there is nothing in the Statement regarding the Motion by Hon. Mbadi on the proposal to set up a select committee. That matter came before the House Business Committee this week and we deliberated on it. Since the Departmental Committee on Justice and Legal Affairs can discharge that mandate, the Members felt that it should take charge. There were al…

Order, Hon. Members. Next, we will go to Questions.

On a point of order, Hon. Speaker.

I will not allow you to raise your point of order. We have three Questions. Hon. Members, I want us to start our voting by 11:15 a.m. I will give the Members who have Questions the shortest time possible to ask them. Hon. Yegon, you have the Floor.

Thank you very much, Hon. Speaker. I would like to ask the Cabinet Secretary for Labour and Social Protection the following Question:

The Question goes to the relevant committee. Next is the Member for Baringo Central, Hon. Joshua Kandie. Question No. 017/2022

Hon. Speaker, I rise to ask the Cabinet Secretary for Roads, Transport and Public Works the following Question:

Thank you, Hon. Kandie. Your Question is referred to the relevant committee. Next is Hon. Peter Masara. Question No. 019/2022

Hon. Speaker, I rise to ask the Cabinet Secretary for Interior and National Administration the following Question:

Thank you. The Question is referred to the relevant committee.

Next Order.

Hon. Members, we have a Question to be put on Hon. Kiarie’s Motion. Immediately after the Question is put, the Clerk will be directed to ring the Division Bell for 10 minutes, after which we will go into division. The voting will start at approximately 11.15

Thank you, Hon Speaker. I listened to your 26-paragraph Communication on the rules and procedure of voting very keenly, and I welcome them. I note and rise under Standing Order 1, that there are no provisions for allowing candidates any sort of presence. There are equally no provisions that prevent their presence within the precincts of Parliament. I wish to invoke and invite you, using Standing O…

Order, Hon. Members. Hon. Otiende Amollo, that is a very reasonable request. I order that the candidates to be voted for, if they are within the precincts of Parliament, be given access to the Speaker’s Gallery so that they can sit up there, watch and see what is happening during the voting process. Can the Division Bell be now rung? There are other points of order from Hon. Shakeel and Hon. Okel…

Hon. Speaker, maybe, I did not hear or see your Communication. I do not know whether the ballot allows for independent candidates. I am told that there are one or two independent candidates around. Can I seek your guidance on that?

[(Loud consultations)]

Order, Hon. Members. Hon. Shakeel is asking a pertinent question. The Report tabled by Hon. Wanjiku Muhia, who was the Co-chair of the process, clearly explained that there was one independent candidate cleared by the presiding officers. On scrutiny and on a report from the Independent Electoral and Boundaries Commission, he did not have the requisite signatures to make him a valid candidate. Hon…

Thank you, Hon. Speaker. I was just doing some mathematics off my head. If we are a full House of 349 Members, give and take two minutes each to cast their ballots, it will take us 11 hours to be in this House voting, just as you had predicted earlier. I do not know the preparations we have from the Clerk’s standpoint. If we have multiple booths, say four or five, and we have people voting concurr…

Let us move from known to the unknown and see how far we can go. Remember that our Standing Orders allow us to vote and continue with business until midnight. If we do not finish in good time or if there is a tie between candidates, you will be obliged to repeat. We have time up to midnight. Clerk, can we have the Division Bell rung?

Order, Hon. Members. Can you take your seats? Take your seats. Hon. Ruku take your seat or the nearest seat to you. Hon. Raso and your team, take your seats. Hon. Members, under your Standing Orders, when you are in Division, you are supposed to remain seated on your chair. You are supposed to refrain from unnecessary conversation and maintain studious silence. You are supposed to remain complete…

[(Several Hon. Members stood in the gangways)]

[(Loud consultations)]

[(Applause)]

Yes!

Excellent. Put them down. There is no room for “hot air” here.

[(Laughter)]

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

[[The Deputy Speaker (Hon. Gladys Boss) left the Chair] [The Temporary Speaker (Hon. Martha Wangari) took the Chair]]

[[The Temporary Speaker (Hon. Martha Wangari) left the Chair] [The Deputy Speaker (Hon. Gladys Boss) took the Chair]]

Order, Hon. Members! It has come to my attention that some Members have spoilt their votes. I just want to repeat, in respect of the Kenya Kwanza Coalition cluster which consists of 15 candidates, a Member will be entitled to vote for not more than five candidates. If you vote for more than five candidates from the Kenya Kwanza Coalition, then you have a spoilt vote. In respect to the Azimio la Um…

[(Voting in progress)]

[[The Deputy Speaker (Hon. Gladys Boss) left the Chair] [The Temporary Speaker (Hon. Martha Wangari) took the Chair]]

Hon. Members, we have finished calling out the division list for voting. Any Member who has not voted should do so in the next few minutes, and then we will close the whole process. I order that the Bell be rung for 10 minutes. Anyone from the restaurant who actually wants to vote should come to the House and vote.

[(The Division Bell was rung)]

[(Voting in progress)]

[[The Temporary Speaker (Hon. Martha Wangari) left the Chair] [The Deputy Speaker (Hon. Gladys Boss) took the Chair]]

Hon. Members I wish to announce that, as at now, 319 Members have voted. Two Members’ seats are vacant; that is Kandara Constituency and Garissa Constituency. We are still awaiting 29 Members to vote, and they are as follows:

[(Loud consultations)]

The leading Clerk-at-the-Table will remove the ballot papers, one after the other, read out for each candidate, and then put the ballot paper in the extra empty box. The counting officers will be marking and doing the tallying as usual. Proceed, Arap Kirui. May the counting start.

[[The Deputy Speaker (Hon. Gladys Boss) left the Chair] [The Temporary Speaker (Hon. Martha Wangari) took the Chair]]

Order, Members. Let us maintain silence during the counting. Order, Members. Please retain your seats during the counting of the votes. Order, Members. We need to hear the votes. Order, Members! Order, Members. If you voted for more than five for Kenya Kwanza Alliance, or more than four for Azimio la Umoja-One Kenya Alliance, that will be counted as a spoilt vote. Hon. Members if you are not an…

[(Vote counting in progress)]

[(Vote counting in progress)]

[(Vote counting in progress)]

[(Vote counting in progress)]

[(Vote counting in progress)]

[(Hon. Junet Mohamed shouted across the aisle)]

[(Vote counting in progress)]

Hon. Members, you will notice that I have addressed her as “Honourable” because under the Treaty, she is a Member of the East African Legislative Assembly (EALA).

[(Applause)]

[(Applause)]

[[The Temporary Speaker (Hon. Martha Wangari) left the Chair] [The Temporary Speaker (Hon. (Dr) Racheal Nyamai) took the Chair)]]

Hon. Members, we have students from the following schools: Parps Education Centre from Kamukunji Constituency, Nairobi County and Mocris Junior School from Kasarani Constituency, Nairobi County. On my behalf and on behalf of the National Assembly, I would like to welcome them to observe the proceedings of the House. Thank you. Order, Hon. Members. I hereby instruct the Serjeant-at-Arms to open t…

[(Vote counting in progress)]

[(The Serjeant-at-Arms opened the ballot box)]

[(Vote counting in progress)]

Hon. Temporary Speaker, I did not want to interrupt the vote counting exercise as it is going on very well. I have just heard someone here saying, “Kenya Kwanza 5; Azimio, 0. What kind of vote is that? Can we know from which area? This is because it is really surprising that somebody can go to the voting booth and vote for Kenya Kwanza, and not vote for Azimio. Does it mean that nobody voted for A…

Order, Hon. Junet! You are out of order. The Clerk is reading the paper as it is. That means on the side of Azimio, the Hon. Member did not indicate a vote. I would like to request that we proceed with the counting.

On a point of order.

Hon. Members, there will be no more points of order. There is nothing that is out of order. We will proceed with the counting. Thank you very much for your patience, Hon. Members. I now direct the Serjeant-at- Arms to proceed and open the final ballot box. Thank you very much. Proceed to count.

[(Vote counting in progress)]

[(The Serjeant-at-Arms opened the ballot box)]

[[The Temporary Speaker (Hon. (Dr.) Rachael Nyamai) left the Chair] [The Temporary Speaker (Hon. Omboko Milemba) took the Chair]]

Order, Members! Once the

[(Loud consultations)]

[[The Temporary Speaker (Hon. Omboko Milemba) left the Chair] [The Deputy Speaker (Hon. Gladys Boss) took the Chair]]

Those Members who are not agents should move away from the tallying centre. Only agents should be there.

[(Vote counting in progress)]

[(Hon. Members gestured at the candidates in the Speaker’s Gallery)]

[[The Temporary Speaker (Hon. Martha Wangari) left the Chair] [The Deputy Speaker (Hon. Gladys Boss) took the Chair]]

I have noticed some Members are gesturing at the candidates in the Speaker’s Gallery. Kindly, desist from that because it is out of order. Hon. Nyikal, as a very senior Member, you know that they have to go through certain steps first. Hon. Members, I wish to bring to your attention the provisions of the East African Legislative Assembly Elections Rules 2017; particularly Rule 19, which reads: …

[(Vote counting in progress)]

[(Election of Members of the Assembly)]

[(Mr. Samuel Njoroge)]

Busidy Salim Ahmed Charles Fredrick Muteti Hassan Omar Iman Falhada Dekow Iringo Cyprian Kubai Kering Zipporah Jesang Kurgat Kuko Jonas Misto Vincent Lowoiya Rebecca Mwangi Godfrey Maina Nyambane Joel Okeng’o Sankok David ole Sheikh Yasser Ali Tomitom Lilian Jeptoo Too Ann Cherono From the Azimio la Umoja-One Kenya Coalition, the results of the votes are as follows: Hon. Deputy Speaker, may I now…