National Assembly · Afternoon Sitting

Hon. Speaker, it is indeed, with an extremely heavy heart that I have to address you again this afternoon. If you recall, this morning I rose to plead with you to give directives to whoever is concerned to remove the blockade that is around Parliament. The situation has now turned from bad to worse. If you may not know, my office is just next to Mzee Jomo Kenyatta Mausoleum. The whole of this afte…

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

Yes, Hon. Otiende Amollo. Is it on the same issue?

[(Hon. (Dr) Otiende Amollo spoke off the record)]

Thank you, Hon. Speaker. It is the same issue. I want to confirm that I have just approached the precincts of Parliament and it is blocked from the side of Inter-Continental Hotel and the other side of Protection House. If even for us Members of Parliament, Parliament is blocked, then what are we supposed to do? It is not just the House of Parliament that is august. The precincts of Parliament are…

Leader of the Majority Party. Order, Hon. Members. Hon. Wanjala, take your seat.

[(Hon. Raphael Wanjala and several Members stood along the gangways)]

Thank you, Hon. Speaker. It is good that the Leader of Minority Party has raised that issue again. I asked the Inspector-General of the National Police Service in mid-morning why there was a blockade. Firstly, let me set the record straight that there is no Member of Parliament who is unable to access Parliament. That is why we are here in numbers. Even our parliamentary staff….

[(Loud consultations)]

Order, Hon. Members! Try and listen to each other. Leader of the Majority Party.

Thank you, Hon. Speaker. I was saying there is no Member of Parliament or any parliamentary staff who has not been able to access the precincts of Parliament. The Inspector-General of the National Police Service confirmed to me this mid-morning that there were organised groups that had planned to take siege — what Hon. Junet calls siege—of Parliament and criminal elements who also intended to use …

[(Hon. Babu Owino stood in his place)]

Order, he is responding to a point of order. Order, Hon. Babu Owino. Resume your seat. It is my responsibility to rule whether he is out of order or not, not yours. Resume your seat.

[(Hon. Babu Owino spoke off the record)]

Hon. Speaker, we said the other day that respect is earned. You indicated to us that even in this House, we must act with decorum and respect. It could also be said that you have to exhibit maturity in the House to earn your respect. In an endeavour to protect not only Members but also the institution of Parliament, the Inspector-General of Police indicated to me that they have instituted adequat…

[(Loud consultations)]

Order, Hon. Members. Babu Owino, take your seat. Order, Hon. Wanjala. I will not deny you the right to vote on this Bill by sending you out, remain here and vote. Hon. Members, I know that is what you are soliciting for but I will not give in to it. Each and every one of you has the right to be in this House to represent the people who sent you here to legislate for this country and oversee the Ex…

conscious of the fact that we are the conscience of this country. So, in our conduct, we must constantly bear in mind the fact that whatever we do here can have negative or positive consequences on the public out there.

Thank you very much, Hon. Speaker, for your guidance, which was well-researched. However, it is the view of the minority side that on this matter of the Finance Bill, we vote manually or orally or through roll call. On this one, people do not have a lot of faith in the gadgets. We want to vote orally so that everyone’s vote can count. I seek your guidance.

[(Loud consultations)]

Order, Hon. Members. Let us cross that bridge when we reach it. Next Order.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding facilitation of National Government Administrative Officers, specifically from Samia Sub-County. Hon. Speaker, Section (8) (2) of the National Government Administrative Act, 2013 gives powers …

effective and efficient coordination of national government functions. Regrettably, the Assistant County Commissioners (ACC) of Sio-Port Division, Funyula Division and the Sub-County Police Commander (OCPD) of Samia Sub-County do not have government vehicles. This is despite the fact that these senior officers are expected to facilitate the execution of their mandate of ensuring peace and security…

Thank you, Hon. Oundo. The next Statement Request is by Hon. Joseph Namuar, the Member for Turkana Central. Hon. Joseph, go ahead.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding recent incidents involving the Kenya Wildlife Services (KWS) and local communities in Sibiloi National Park, Marsabit County. Hon. Speaker, On 12th June 2024, a tragic confrontation between Ke…

Thank you, Hon. Joseph. Is Hon. Tongoyo here? Both Hon. Oundo’s and Hon. Namuar’s Statement Requests are referred to your Committee. Bring the responses in two weeks’ time. Hon. Protus Akujah.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental

Order, Hon. Members! Order, Irene Mayaka! That Kamukunji is illegal.

Hon. Speaker, it is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Energy on the following–

Hon. Lillian Siyoi.

Thank you, Hon. Speaker. I rise to request for a Statement.

I am sorry, Lillian. Just hold on. Hon. Akujah’s Statement Request is directed to the Chairman of the Departmental Committee on Energy. Who is the Chairman of the Departmental Committee on Energy? Is it Vincent Kawaya? Is he in the House? Who is the Vice-Chair?

It is Hon. Aramat.

Hon. Aramat. Is he in the House? Thank you. We need a response in two weeks’ time. Hon. Lillian, go ahead.

[(Hon. Lemanken Aramat spoke off the record)]

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Finance and National Planning regarding delays in issuance of e- TIMS invoices by Kenya Revenue Authority (KRA) . The KRA issued a directive to all taxpayers engaged in business to onboard the electronic Tax Invoice Management System (e-T…

[(Electronic Tax Invoice)]

Thank you, Hon. Lilian. Chairman of the Departmental Committee on Finance and National Planning. Where is Kimani? Leader of the Majority Party, inform him to bring a response in two weeks’ time. Hon. Members, there are four Statement responses. I will stay them to Tuesday next week. Leader of the Majority Party, let us have your Thursday Statement.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (a) , I rise to give the weekly Statement on behalf of the House Business

Committee, which met on Tuesday, 18th June 2024 to prioritize business for consideration during the week commencing 24th June 2024. As Members are aware, debate on the Finance Bill, 2024 has been going on, and the Second Reading is expected to conclude this afternoon. I would like to commend the Departmental Committee on Finance and National Planning and, indeed, the House for the steadfast commi…

Thank you, Majority Leader. Hon. Zaheer, Mishi Mboko, Amina Mnyazi, and Rael Kasiwai, the responses to your Statement Requests will be delivered on Tuesday. Chairpersons of the respective committees, be notified. Next Order.

On a point of order, Hon. Speaker.

Yes, Senior Counsel, what is out of order?

Thank you, Hon. Speaker. I rise pursuant to Standing Order 252 on access to the House. It has been brought to our attention that some of our colleagues in the Senate are interested in accessing the Public Gallery or the Speaker's Gallery to observe the debate but they have been denied access. Could you give direction that the Public Gallery and the Speaker's Gallery should be accessible not just b…

Order, Hon. Members. Hon. Otiende, I hear you. Order, Hon. Kiborek and your team. Hon. Deputy Speaker, kindly take your seat.

[(Hon. Kiborek Reuben and other Hon. Members stood in their places and the aisle)]

[(Hon. Gladys Boss stood in the aisle)]

Hon. Members, you will recall that during today's Morning Sitting, the Leader of the Minority Party, Hon. Opiyo Wandayi, EGH MP; rose in his place and sought guidance on an advisory from the Cabinet Secretary for the National Treasury and Economic Planning on the measures of supply and ways and means currently being considered by the House. The Hon. Leader of the Minority Party noted that the adv…

Contrary to the assertions made by the Hon. Leader of the Minority Party, the advisory is not an unusual document. Hon. Members will note that every year, before the conclusion of the budget process, the Office of the Clerk seeks the views of the Cabinet Secretary responsible for finance on the options available to the House and its committees to ensure a balance between the measures of supply and…

[(Laughter)]

[(Laughter)]

Order, Hon. Members! Those who are leaving the Chamber, please, do so quietly. The next Order has been called, that is, Order No.9. I call upon the Chairman of the Departmental Committee on Justice and Legal Affairs to move the Motion. Those who are recessing out of the Chamber, do so quietly. The House is not adjourned; it is still in session. Hon. Murugara, proceed.

[(Several Hon. Members walked out of the Chamber)]

Hon. Speaker, I beg to move the following Motion: THAT, the Senate amendments to the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No. 10 of 2024) be now considered. Hon. Speaker, this House considered the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No. 10 of 2024) and passed it with amendments. It was thereaf…

[[The Speaker (Hon. Moses Wetang’ula) left the Chair]]

[[The Deputy Speaker (Hon. Gladys Boss) took the Chair]]

Hon. Members, please, resume your seats.

Hon. Deputy Speaker, I beg the House to agree with the proposed amendments by the Senate and move on to the Committee of the whole House. I beg to move and request Hon. Chepkonga, Member for Ainabkoi, to second.

Thank you very much. I rise to second the proposed amendments from the Senate as moved by the Chairman of the Departmental Committee on Justice and Legal Affairs. I totally agree that we should consider the other House when it comes to giving input to the making of laws in this country. As you know, the Senate participates in making the law, but it is this House that enacts the laws. I agree that …

[(Question proposed)]

Thank you, Hon. Deputy Speaker. I support the amendment as presented by the Senate. I have a keen interest in this Bill, which is a culmination of the agreement that was reached by the National Dialogue Committee (NADCO) . The Senate’s proposals should be captured in this Bill because elections across the country and issues to do with boundaries cut across national and county governments. I feel t…

Hon. Member for Mandera North, Hon. Bashir Abdullahi.

Thank you very much, Hon. Speaker. This Bill is very important and I urge this House to agree with the Senate amendments. I have a neighbour constituency by the name Banissa.

The Leader of the Minority Party, I am going to give you a chance after Hon. Bashir.

My neighbouring constituency called Banissa does not have a representative. It is 15 months since the death of our brother, the Late Hon. Maalim Kullow Hassan. All this is because of the fact that IEBC is not fully constituted. It is unfortunate that the people of Banissa have been denied representation by the fact that IEBC is not fully constituted. I have brought a Bill which seeks that the IEBC…

Once the selection panel is constituted, the membership of the IEBC Commission should not take a period within 90 days to be formed; rather, it should be within a span of between 40 days to 45 days. When they are in place, the people of Banisa should go for a by-election and get another representative. I support.

The Leader of the Minority Party, did you want to speak to this matter? You were busy and I gave someone else the opportunity. What is your point of order, Hon. Junet?

Hon. Deputy Speaker, I stand under Standing Order 35 and ask whether there is quorum in the House. Please ascertain whether there is quorum in the House. Muende nyumbani Bwana. Muache kutusumbua!.

I direct that you ring the Quorum Bell for 10 minutes. Serjeant-at-Arms, you may stop the Bell. Let us proceed. Yes, Hon. TJ, do you want to contribute? Just hold on. Who was the last person? He had finished. Okay, you may proceed, Hon. TJ.

[(The Quorum Bell was rung)]

Hon. Deputy Speaker, we should accede to and pass this Bill. As the Departmental Committee on Justice and Legal Affairs, we were able to look at it and it only had three issues which were not really in contention, which as a matter of oversight, we may have passed the Bill to the Senate without looking at it thoroughly in terms of defining a parliamentary party. We defined parliamentary party in t…

[(Hon. Opiyo Wandayi spoke off the record)]

No, you cannot do that, Leader of the Minority Party. There is an order.

Hon. Deputy Speaker, this is a Bill that has been canvassed for a long time in the two Houses. It has gone through rigorous scrutiny, and it is the right time now for us to bring it to a closure. I, therefore, support.

Okay, thank you. Can the mover reply?

Thank you very much Hon. Deputy Speaker. Allow me to thank everyone who has contributed to this. This is purely routine, and in my view, there is no contention as regards the proposed amendments. With those remarks, I beg to reply.

[(Question put and agreed to)]

Next Order!

Thank you very much, Hon. Temporary Chairlady. I beg to move that the Committee do report to the House its consideration of the Senate amendments to the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No. 10 of 2024) , and its approval thereof without amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

Thank you very much, Hon. Deputy Speaker. I beg to report that the Committee of the whole House has considered Senate amendments to the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No. 10 of 2024) and approved the same without amendments.

Mover.

Thank you very much, Hon. Deputy Speaker. I beg to move that the House do agree with the Committee in the said report. I request the Hon. Leader of the Majority Party, Hon. Kimani Ichung’wah to second.

Thank you, Hon. Deputy Speaker. I beg to second. Once approved, this Bill sets in motion the process to have a panel to recruit IEBC commissioners. I hope that those who will be nominated by the various nominating bodies will be

men and women of integrity. These commissioners will guarantee us that in 2027 we will have an election, and the winner will be known without any questions. I second.

Put the Question.

[(Question put and agreed to)]

Mover. Chairperson of the Select Committee on the National Government Constituencies Development Fund. Since the Chairperson is not here, we can move to the next Order and defer the Motion to a later date.

Chairperson, Select Committee on Public Petitions.

Hon. Deputy Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Public Petitions Committee on its consideration of Public Petition No.4 of 2022 regarding Funds spent by the National Government Contrary to the Provisions of Article 223 of the Constitution, laid on the Table of the House on Tuesday, 12th March 2024. On 15th November 2022, Mr Stephen Mutoro, the S…

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

Seconder.

Thank you, Hon. Temporary Speaker. I second.

Order, Hon. Members.

[(Question proposed)]

On a point of order, Hon. Temporary Speaker.

What is your point of order?

Hon. Temporary, I stand pursuant to Standing Order 35. Looking at the House, I do not think we have quorum.

We do not have quorum?

Yes.

Indeed. The Temporary Speaker agrees with you. There is no need to even count. Ring the Quorum Bell for 10 minutes. Order, Leader of the Majority Party and Hon. Members. Come back. The rules are very clear; once the Quorum Bell is on, no one is allowed to leave the Chamber. He is not the Whip of the Majority Party, but you are. Order, Hon. Ichung’wah. You are a ranking Member in this House. You …

[(The Quorum Bell was rung)]

[(Hon. Kimani Ichung’wah and several Members walked out of the Chamber)]

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

[(Loud consultations)]

[(Loud consultations)]