National Assembly · Afternoon Sitting

Thursday, 21 March 2024

Session Summary

Members debated the Disaster Management Bill, urging the inclusion of university expertise and warning against purely political appointments. Hon. Mutunga highlighted the Bill’s focus on mitigation, preparedness, response and recovery, stressing coordinated, multi‑sectoral action. The discussion balanced criticism of past shortcomings with broad support for a comprehensive disaster risk management framework. The Temporary Speaker highlighted delays in NG‑CDF fund disbursements and the lack of a response from the Leader of the Majority Party, warning of adverse effects on schools and constituency projects. Members debated the Treasury’s commitment to monthly disbursements, revenue shortfalls, and the need to guard against budgeted corruption, while also noting the absence of key committee chairs and pledging to table budget estimates after recess. Hon. Oundo criticised the Disaster Management Bill for excluding spatial planners, engineers and civil society, and warned that Clause 34 gives the President emergency powers without parliamentary oversight, potentially breaching constitutional rights. Hon. Mugambi, in contrast, endorsed the Bill as a needed legal framework for coordinating disasters, securing funding and establishing databases, while flagging possible conflicts of interest in its institutional design. The exchange showed both strong concerns and supportive arguments about the legislation’s scope and implementation.

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Hon. Deputy Speaker

Clerks-at-the-Table, let us proceed.

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Hon. Deputy Speaker

Hon. Members, I have a Communication here. As you may be aware, there are currently two Bills under consideration by the House on the subject matter of Kenya Sign Language. The first Bill, the Kenyan Sign Language Bill (Senate Bill No.9 of 2023) seeks to, inter alia, give effect to Article 7 (3) (b) of the Constitution relating to the promotion and development of the use of Kenyan Sign Language, p…

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Hon. Deputy Speaker

communication, and the use of Kenyan Sign Language by Parliament to ensure access to proceedings by the deaf community. The Bills, therefore, seek to entrench Kenya Sign Language as a legislative tool for access to justice and the rights due to persons with disabilities. In view of the foregoing and pursuant to the provisions of Standing Order 127(6), I hereby refer the two Bills to the Departmen…

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

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The Temporary Speaker (Hon. Martha Wangari)

I have a Message from the Senate on the nomination of a co-sponsor for the Care and Protection of the Child Parents Bill (Senate Bill No.29 of 2023) . Pursuant to the provisions of Standing Order 41 of the National Assembly Standing Orders, I wish to report to the House that I have received a Message from the Senate on nomination of a co-sponsor of the Care and Protection of Child Parents Bill (S…

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The Temporary Speaker (Hon. Martha Wangari)

Mover.

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Hon. Naomi Waqo (Marsabit County, UDA)

Hon. Temporary Speaker, I beg to move that the Statutory Instruments (Amendment) Bill (National Assembly Bill No.3 of 2024) be now read a Third Time. I request Hon. Adagala to second. Thank you.

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Hon. Adagala Beatrice (Vihiga County, ANC)

Thank you, Hon. Temporary Speaker. I second the Bill.

[(Question proposed)]

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The Temporary Speaker (Hon. Martha Wangari)

We have the numbers. I will put the Question.

[(Question put and agreed to)]

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

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The Temporary Speaker (Hon. Martha Wangari)

Alcoholic Drinks Control Fund for the Financial Year 2017/2018, laid on the Table of the House on Wednesday, 18th October 2023.

[(Loud consultations)]

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The Temporary Speaker (Hon. Martha Wangari)

Order, Hon. Nyikal and your team.

[(Question put and agreed to)]

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Hon. Mwengi Mutuse (Kibwezi West, MCCP)

Hon. Temporary Chairman, on behalf of the Chairman, I beg to move: THAT, Clause 14 of the Bill be amended—

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Hon. Jared Okello (Nyando, ODM)

Hon. Temporary Chairman, the import of the Bill relates to the composition of a mediation committee, which is appointed by the Speaker of the National Assembly. The clause is intended to, in a way, gag the Speaker by cherry-picking only those who rejected the Bill at its original stage. Standing Order 1 gives the Speaker of this

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Hon. Jared Okello (Nyando, ODM)

subjecting him to anything that may torpedo what is inscribed in Standing Order 1. This amendment intends to bring it back to the Speaker so that he can exercise his inherent discretion to choose those who sit on a mediation committee. Therefore, I support it, Hon. Temporary Chairman. The Temporary Chairman (Hon. Peter Kaluma): You support the recommittal. Hon. Beatrice Elachi, do you want to spe…

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Hon. Beatrice Elachi (Dagoretti North, ODM)

Thank you, Hon. Temporary Chairman. Most of the time when we have mediation committees with the Senate, it is important to have the Speaker’s guidance to consider the committee’s interest. Perhaps what a House proposes is better or needs enrichment without being removed. Or, it could be removed but through consensus. The absence of the Speaker on that committee can lead to a lot of confusion. Tha…

[(Hon. Peter Kaluma)]

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

[(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)]

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

[(Hon. Peter Kaluma)]

[(Clause 14 as amended agreed to)]

[(Hon. Peter Kaluma)]

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Hon. Samwel Chepkonga (Ainabkoi, UDA)

Thank you Hon. Temporary Chairman. Where I am sitting is still part of the House. The Temporary Chairman : Hon. Chepkonga, the Chair of the

[(Hon. Peter Kaluma)]

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Hon. Samwel Chepkonga (Ainabkoi, UDA)

I had come to sympathise with the ladies around here. The Temporary Chairman : Proceed.

[(Hon. Peter Kaluma)]

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Hon. Samwel Chepkonga (Ainabkoi, UDA)

Hon. Temporary Chairman, I beg to move that the Committee do report to the House its consideration of the Houses of Parliament (Bicameral Relations) Bill (National Assembly Bill No.44 of 2023) , and its approval thereof with amendments.

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Hon. Peter Kaluma (Homa Bay Town, ODM)

Hon. Speaker, I beg to report that the Committee of the whole House has considered the Houses of Parliament (Bicameral Relations) Bill (National Assembly Bill No.44 of 2023) and approved the same with amendments. The Temporary Chairman : Mover.

[(Hon. Martha Wangari)]

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Hon. Samwel Chepkonga (Ainabkoi, UDA)

Hon. Temporary Chairman, I beg to move that the House do agree with the Committee in the said report. I request Hon. Hiribae to second.

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Hon. Said Hiribae (Galole, ODM)

I second. The Temporary Chairman : Mover to move the Third Reading.

[(Question put and agreed to)]

[(Hon. Martha Wangari)]

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Hon. Samwel Chepkonga (Ainabkoi, UDA)

Hon. Temporary Speaker, I beg to move that the Houses of Parliament (Bicameral Relations) Bill (National Assembly Bill No. 44 of

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Hon. Said Hiribae (Galole, ODM)

Hon. Temporary Speaker, I second.

[(Question put and agreed to)]

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

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Hon. Said Hiribae (Galole, ODM)

Before we go to the next Order, allow me to recognise the following students that are in the Public Gallery: Kinyango Dandora Junior Secondary School, Embakasi North Constituency, Nairobi County; Kiru Boys, Mathioya Constituency, Murang’a County; Gitare Secondary School, Runyenjes Constituency, Embu County; Lewa Downs Primary School, Buuri Constituency, Meru County; and Jomo Kenyatta University …

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Hon. Muchangi Karemba (Runyenjes, UDA)

Thank you, Hon. Temporary Speaker for the opportunity to welcome the students who have come to see what happens in Parliament. And in a special way, allow me to appreciate the students from all the schools and particularly, Gitare Secondary School situated near my home, and one that is coming up very well, and with new energy and determination. They have assured me that they are going to be the be…

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Hon. Mugambi Rindikiri (Buuri, UDA)

I thank you, Hon. Temporary Speaker. I want to take this opportunity to welcome all the students from various parts of this country to the House that makes the laws of this country. Lewa Primary School is one of the best performing schools in Buuri Constituency. It serves both Buuri and Laikipia North constituencies, all in semi-arid areas. These boys and girls are here to see the other part of t…

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Hon. Dorothy Muthoni (Nominated, UDA)

Thank you very much, Hon. Temporary Speaker. I wish to join my colleagues in welcoming all the students seated in the gallery to come and observe the proceedings of Parliament. This is the place where legislation is done; where all the laws of this country are passed. I want to assure them that anything that affects them directly or indirectly, would be handled in this House. I would also like to…

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Hon. Dorothy Muthoni (Nominated, UDA)

say that I am a product of Meru. Above all, Lewa boys and girls, feel most welcome. One day, be sure to find yourselves in this House. Feel welcome, and journey mercies back home. Thank you, Hon. Dorothy for welcoming all of the students in the galleries. We will go back to Order 4.

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Hon. Naomi Waqo (Marsabit CWR, UDA)

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

[[The Temporary Speaker (Hon. Martha Wangari) left the Chair] [The Temporary Speaker (Hon. Peter Kaluma) took the Chair]]

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The Temporary Speaker (Hon. Peter Kaluma)

Deputy Majority Party Whip, are you done?

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Hon. Naomi Waqo (Marsabit CWR, UDA)

Yes.

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The Temporary Speaker (Hon. Peter Kaluma)

Next Order. Chairperson, Committee on National Cohesion and Equal Opportunity.

[(The Temporary Speaker consulted with the Clerks-at-the-Table)]

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Hon. Yusuf Adan (Mandera West, UDM)

Thank you, Hon. Temporary Speaker for giving me this opportunity. I beg to lay the following Paper on the Table: Second Report of the Select Committee on National Cohesion and Equal Opportunity on Employment Diversity Audit in Public Institutions.

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The Temporary Speaker (Hon. Peter Kaluma)

Next Order.

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The Temporary Speaker (Hon. Peter Kaluma)

Chairperson, Committee on National Cohesion and Equal Opportunity.

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Hon. Yusuf Adan (Mandera West, UDM)

Hon. Speaker, I beg to give notice of the following Motion: That, this House adopts the Second Report of the Select Committee on National Cohesion and Equal Opportunity on the Employment Diversity Audit in Public Institutions, laid on the Table of the House on Thursday, 21st March 2024. Thank you.

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Said Hiribae, Member of Parliament for Galole.

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Hon. Said Hiribae (Galole, ODM)

Hon. Temporary 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 Lands regarding the encroachment of land LR No.30013 in Jamhuri Location, Galole Constituency. Hon. Temporary Speaker, Tana River County borders Garissa County at Ijara Sub- county. Whereas, the relations have been cordial, there…

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The Temporary Speaker (Hon. Peter Kaluma)

Where is the Chairperson,

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The Temporary Speaker (Hon. Peter Kaluma)

timelines for addressing the concerns?

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Hon. Naomi Waqo (Marsabit CWR, UDA)

Hon. Temporary Speaker, give us two weeks after the recess.

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The Temporary Speaker (Hon. Peter Kaluma)

Two weeks granted. Hon. Abdi Ali, Member of Parliament for Ijara.

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Hon. Abdi Ali Abdi (Ijara, NAP-K)

Hon. Temporary 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 the disappearance of Mr Jabril Abdullahi Farah of ID No.35162780 and Mr Hared Ali Kalif of ID No.22934104. Hon. Temporary Speaker, Mr Jabril Abdullahi Farah, a taxi driver from Ijara…

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The Temporary Speaker (Hon. Peter Kaluma)

The Chairperson, Administration and

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Hon. Naomi Waqo (Marsabit County, UDA)

Hon. Temporary Speaker, this is a very sensitive matter, and we will ensure that we issue the response as soon as we return from recess.

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Abdi Ali, are you satisfied with the fact that the response in this matter can be delivered after recess?

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Hon. Abdi Ali Abdi (Ijara, DAP-K)

What did she say? Yes.

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The Temporary Speaker (Hon. Peter Kaluma)

When you raise an issue of concern, you must attend to the responses.

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Hon. Abdi Ali Abdi (Ijara, DAP-K)

Yes. I am satisfied.

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Hon. Abdi Ali Abdi (Ijara, DAP-K)

What are you saying yes to?

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Hon. Abdi Ali Abdi (Ijara, DAP-K)

That after two weeks, they will give the report. The Leadership is saying that the response will come after the recess, not after two weeks.

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Hon. Abdi Ali Abdi (Ijara, DAP-K)

That is okay. That is okay. Granted. The response will be given after two weeks. Let us have the Hon. Zaheer Jhanda, MP for Nyaribari Chache.

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Hon. John Paul Mwirigi (Igembe South, UDA)

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request a Statement from the Chairperson of the Departmental Committee on Education regarding grade alteration and discrepancies in Kililai Secondary School in Igembe South Constituency, Meru County. Hon. Temporary Speaker, on 8th January 2024, Kililai Secondary School received the 2024 KCSE results highli…

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Hon. John Paul Mwirigi (Igembe South, UDA)

Secondary School and any other school experiencing similar discrepancies in grading?

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Hon. Malulu Injendi (Malava, ANC)

Hon. Temporary Speaker, on the last week of our recess, we will have activities to visit several universities for oversight activities. We will invite the Cabinet Secretary for Education on 9th April 2024 and then give a report either on 11th or a week after. Is that satisfactory, Hon. Paul Mwirigi?

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Hon. John Paul Mwirigi (Igembe South, UDA)

I am not satisfied, Hon. Temporary Speaker. Students are applying for the university intake. Hon. Mwirigi, I know how urgent your matter is. It is a matter affecting very many students across the country, not just your area. But it cannot be any sooner than the Vice-Chairman is mentioning because the House is going on recess.

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Hon. John Paul Mwirigi (Igembe South, UDA)

The problem now, Hon. Temporary Speaker, is that this secondary school has received the results three times: the one which the student applied through the text message; the nominal role which was provided to the school on 8th January 2024; and, another one which came with a conflicting result on 27th January

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Hon. Malulu Injendi (Malava, ANC)

Hon. Temporary Speaker, when I look at the committee schedule, just as I have explained, we have already scheduled activities with universities in this country for the week of 2nd to 5th. Therefore, the only time available for a meeting to address the matter is the week starting 8th April, when we resume sittings on 9th April 2024. So, we can only invite the Cabinet Secretary on 9th April 2024 to …

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The Temporary Speaker (Hon. Peter Kaluma)

So which date did you say you want to respond on? Is it 9th or 11th April?

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Hon. Malulu Injendi (Malava, ANC)

Hon. Temporary Speaker, we will invite the Cabinet Secretary on 9th April 2024. After receiving a response from the Cabinet Secretary, we can report on 11th April 2024. Yes. Hon. Mwirigi, that is reasonable. All members whose constituents are similarly affected may attend the Committee proceedings so that the matters are addressed at once. It is so directed.

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Hon. Titus Lotee (Kacheliba, KUP)

Hon. Temporary 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 Lands regarding the claims to land in West Pokot County by the Kerio Valley Development Authority (KVDA) and the impending eviction and displacement of residents in that part of the county. Hon. Temporary Speaker, KVDA has laid c…

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Hon (Dr) John K. Mutunga (Tigania West, UDA)

Thank you very much, Hon. Temporary Speaker. I welcome all the students who have come to see what Members of Parliament do and how the law is made. Kanjalu Girls Secondary School is my best girls’ school in the constituency which performs extremely well. We are grateful because they came

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Hon (Dr) John K. Mutunga (Tigania West, UDA)

see you. Look forward to become one of the people seated here and be influential people in this country. Thank you very much, Hon. Temporary Speaker. Hon. Gertrude Mbeyu, the Member for Kilifi County.

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Hon. Gertrude Mwanyanje (Kilifi County, ODM)

Hon. Temporary Speaker, I rise to request for a Statement regarding erroneous classification of mnazi as an alcoholic drink in the crackdown on illicit brews. 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 Affairs regarding the crackdown on illicit brew in the Coast Regio…

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Hon. Harrison Kombe (Magarini, ODM)

On a point of order, Hon. Temporary Speaker. You have requested for a Statement. What is out of order, Hon. Harrison Kombe?

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Hon. Harrison Kombe (Magarini, ODM)

Hon. Temporary Speaker, I want to add my voice to this request for a Statement. Mnazi is not brewed. It is tapped from the palm trees. This is the purest drink you can ever find at the Coast. It is very nice. Long ago before the introduction of yeast, it used to be used as a fermenting element for mandazi. We should find a way of preserving it and supplying it to other parts of Kenya and even outs…

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Hon. Harrison Kombe (Magarini, ODM)

This is not the time to debate. This matter concerning mnazi and by what instrument it has been categorised as an illicit brew, and the manner of operations around this crackdown will be responded to by the relevant committee the first week the House comes from recess. Hon. David Kiplagat.

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Hon. David Kiplagat (Soy, UDA)

Thank you, Hon. Temporary Speaker. Where is Hon. Chairman? He is not here. This House does not proceed at the whims of committee Chairpersons who decide to absent themselves. I have already directed that the House will expect a response of this Statement during the first week from recess. It is so ordered. Hon. David Kiplagat, proceed.

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Hon. David Kiplagat (Soy, UDA)

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Select Committee on National Government Constituencies Development Fund (NG- CDF) regarding management of fund managers by the NG-CDF Board. It is responsible for management of funds allocated to constituencies for development projects. It is also mandated…

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Hon. Brighton Yegon (Konoin, UDA)

Hon. Temporary Speaker, I have been serving without a fund manager since October last year. Hon. Brighton, are you the Chairman of the Committee in charge of the NG-CDF?

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Hon. Brighton Yegon (Konoin, UDA)

I am not, Hon. Temporary Speaker. Are you speaking on his behalf? Are you raising something supplementary to what is already raised? You will, in the exercise of my discretion. Proceed.

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Hon. Brighton Yegon (Konoin, UDA)

Thank you very much, Hon. Temporary Speaker.

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Hon. Brighton Yegon (Konoin, UDA)

I had been given was an absentee fund manager who used to come once in a month or when he felt like coming to work. I consider that a rogue fund manager. We have cases of suspected misappropriation of funds and absenteeism. Efforts to get a replacement of my fund manager have been futile despite the fact that I wrote to the CEO on 31st January. There is no response so far. I have tried to visit th…

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Hon. Dick Oyugi (Luanda, DAP-K)

Hon. Temporary Speaker, I have no intention to debate the Statement because they are never debated. I have an interest in the matter raised by Hon. David Kiplagat because, truthfully speaking, fund managers are rogue. The questions put by Hon. David Kiplagat to the Committee in charge of the NG-CDF are very important because it will unveil the very many questions that we have especially for us who…

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Hon. Julius Rutto (Kesses, UDA)

Thank you, Hon. Temporary Speaker. I wish to make a supplementary support to the statement made by Hon. David Kiplagat from Soy. I confirm that the kind of fund managers being transferred from one station to another come with many bad records. The NG-CDF Board is fully aware of their staff. They know their pending cases and the disciplinary matters placed against these officers. The best they do i…

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Hon. Julius Rutto (Kesses, UDA)

Where is Hon. Musa Sirma, the Chairman of the Committee in charge of the NG-CDF? Where is the Vice Chairperson? I do not want to debate this any longer. Where is the Chairperson? You have already been given the microphone.

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Hon. Janet Sitienei (Turbo, UDA)

Thank you, Hon. Temporary Speaker. I must add my voice to this. What Hon. David Kiplagat has raised is very pertinent. It is affecting all the Members of Parliament. I am sharing a fund manager with Hon. Chepkonga of Ainabkoi Constituency. Every time I want to meet the fund manager, she tells me she is busy at Hon. Chepkonga’s place. I think it is time that these fund managers are employed in the…

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Hon. Bady Twalib (Jomvu, ODM)

Thank you for giving me this opportunity to request a Statement regarding the lack of adequate funding for projects and maintenance of buildings at the Technical University of Mombasa (TUM) , especially the School of Medicine’s building. Pursuant to the provisions of Standing Order 44 (2) (c) , I request a Statement from the Chairperson of the Departmental Committee on Education regarding the lac…

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Hon. Bady Twalib (Jomvu, ODM)

I beg your pardon.

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The Temporary Speaker (Hon. Peter Kaluma)

Your Statement concerns which Departmental Committee?

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Hon. Bady Twalib (Jomvu, ODM)

The Departmental Committee on Education. I cannot see the Chairman and the Vice-Chairman in the House. I have not seen the Chair of the Departmental Committee on Education, Hon. Julius Melly this afternoon. Where is the Vice- Chairman?

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Hon. Bady Twalib (Jomvu, ODM)

Hon. Julius Melly and the Vice-Chairman, Hon Injendi, are all absentee landlords here.

[(Laughter)]

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Hon. Jerusha Momanyi (Nyamira County JP)

Yes.

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The Temporary Speaker (Hon. Peter Kaluma)

How long do you need to consider and respond to that request for a statement?

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Hon. Jerusha Momanyi (Nyamira County JP)

Thank you, Hon. Temporary Speaker. I am a Member of the Departmental Committee on Education. Give us two weeks after we resume from the short recess to get the answers.

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Bady Twalib.

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Hon. Bady Twalib (Jomvu, ODM)

Hon. Temporary Speaker, I am satisfied with the two weeks, but they must be very serious on their promise. This matter that is now before their Committee has been raised as a matter of urgency. I expect to get feedback on this request after two weeks. Hon. Twalib, I know they know your name down there and why you were given that name.

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Hon. Bady Twalib (Jomvu, ODM)

Hon. Temporary Speaker, as you have said, they know about my name. Let me repeat it again so that they can hear it: My name is Hon. Bady Twalib, Kijana Mwepesi, Garang de Mabior, Mzee Fula Ngenge. That is how they call me down there owing to how I conduct my business.

[(Laughter)]

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Hon. Ruku GK (Mbeere North, DP)

Hon. Temporary 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 …

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Hon. Ruku GK (Mbeere North, DP)

without bowing to the Chair) Order, Hon. Twalib Bady! You cannot do what you are doing. You are a senior Member and you know what to do. Hon. Bady Twalib went to the Bar, bowed to the Chair and proceeded to his seat) Hon. Ruku, proceed.

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Hon. Ruku GK (Mbeere North, DP)

Hon. Temporary 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 Agriculture and Livestock regarding continued sale of Roundup Herbicide in the country by Bayer East Africa Limited. Roundup is a brand of herbicides used in weed control through spraying. The herbicide was originally produced by…

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Hon. (Dr) John K Mutunga (Tigania West, UDA)

Thank you very much Hon. Temporary Speaker. I wish to thank Hon. Geoffrey Ruku for the Statement on Continued Sale of Roundup by Bayer East Africa Limited.

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Hon. (Dr) John K Mutunga (Tigania West, UDA)

to confirm the extent to which Bayer East Africa Limited has studied and understood the use of Roundup and if they know or they do not know whether it is carcinogenic. As a Committee, we need some time to do an in-depth inquiry into this matter. I request the House to grant us one month. In one month’s time we will be able to respond adequately to this Statement. Thank you, Hon. Temporary Speake…

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Hon. (Dr) John K Mutunga (Tigania West, UDA)

I request you give us one month to go into the depth of this particular… One month for the continued sale of the products said to be carcinogenic?

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Hon. (Dr) John K Mutunga (Tigania West, UDA)

Hon. Temporary Speaker, the kind of Statement required here is scientifically analytical in nature. We cannot brush through it. Secondly, they have been selling Roundup for many years and we need to go into the depth and breadth of the matter such that if it is the soils that are contaminated, we need to know to what extent and what the repercussions are, if any. Is this one of those chemicals t…

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Hon. (Dr) John K. Mutunga (Tigania West, UDA)

It is one of the chemicals that the Hon. Deputy Speaker listed. They are about 200 of them and she talked about a number of them.

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Ruku.

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Hon. Ruku GK (Mbeere North, DP)

Hon. Temporary Speaker, this is an extremely serious issue. We know this country is spending huge amounts of money in treating cancer patients. We also know the amount of money patients spend to travel to India and other countries for cancer treatment. The Chairperson of the Departmental Committee on Agriculture and Livestock is quite in order to request for one month so that he can do a proper in…

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Hon. (Dr) John K Mutunga (Tigania West, UDA)

Thank you, Hon. Temporary Speaker for granting us that time. The Vice-Chairperson of the Public Petitions Committee, Hon. Janet Sitienei. On special request.

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Hon. Janet Sitienei (Turbo, UDA)

Thank you, Hon. Temporary Speaker. Hon. Temporary Speaker, I rise pursuant to the provisions of Standing Order 44 (2) (d) and Standing Order 208A to report to the House the status of petitions before the Public Petitions Committee.

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Hon. Janet Sitienei (Turbo, UDA)

Order 208A of the National Assembly and is mandated to, inter alia, consider all public petitions tabled in the House and making such recommendations as may be appropriate with respect to the prayers sought in the petitions. Hon. Temporary Speaker, since its inception, the Committee has received a total of sixty four (64) petitions pursuant to the provisions of Standing Order 227(1) out of which …

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Hon. Janet Sitienei (Turbo, UDA)

most of the meetings. Despite these challenges, the Committee has implemented innovative administrative measures to expedite the processing of petitions and requesting permission from the Hon. Speaker to convene while the House is in session, pursuant to Standing Order 186(2). Attached herewith is a detailed list of petitions committed to the Committee for the House to note. I would like to expr…

[(Applause)]

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Hon. Janet Sitienei (Turbo, UDA)

I have it and I will table it. Kindly table it for Hon. Members to follow. Hon. Members this is possibly one of the most powerful committees that is enabling us to address issues of concern brought to the House by the people. Again, on special request, I will give opportunity to Hon. Nelson Koech, the Chairman of the Departmental Committee on Defence, Intelligence and Foreign Relations.

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Hon. Nelson Koech (Belgut, UDA)

Thank you, Hon. Temporary Speaker, for accepting the request. This is a response to the request by the Member of Parliament for Turbo Constituency, Hon. Janet Sitienei, who sought a Statement pursuant to Standing Order 44 (2) (c) on the poor relationship between Kenya Ordnance Factories Corporation (KOFC) and the neighbouring community. She specifically raised the following concerns in her Stateme…

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Hon. Nelson Koech (Belgut, UDA)

My Mother-in-law, Hon. Janet, please, pay attention because this is a response to your Statement:

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Hon. Nelson Koech (Belgut, UDA)

involved in the alleged killings and maiming of residents in various incidences?

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Janet Sitienei.

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Hon. Janet Sitienei (Turbo, UDA)

Hon. Temporary Speaker, I am very disappointed with the response. I do not even know how to explain it. In short, most of the questions were evaded. I want to cite two cases. About the children that fell into the trench and died, they have only mentioned one child and have not made a real commitment for compensation or even felt sorry about it. Two, they have only dwelt on the conflict at the har…

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Hon. Kangogo Bowen (Marakwet East, UDA)

No. Let him respond first. Hon. Nelson, proceed.

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Hon. Nelson Koech (Belgut, UDA)

I feel it, Hon. Janet. If you have further questions for the Ministry of Defence, I would kindly ask that you use the same channel to request for additional information. My Committee will take your questions extremely serious.

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Hon. TJ Kajwang’ (Ruaraka, ODM)

Point of order. Hon. Tom Joseph Francis Kajwang’, what is out of order?

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Hon. TJ Kajwang’ (Ruaraka, ODM)

Hon. Temporary Speaker, I listened to Hon. Janet’s response to the Cabinet Secretary’s remarks and she said something profound: the Cabinet Secretary’s response is not accurate in substance. That should worry us. In fact, in unparliamentary language, it would mean that the Cabinet Secretary is lying to the House. She says that on 25th December 2021, on Christmas Day, three people died because of b…

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Hon. TJ Kajwang’ (Ruaraka, ODM)

because of bullet wounds and two others were maimed yet in the response by the Cabinet Secretary, he gives a statement which I found very worrisome. He says that no live ammunition was used. Those two statements are irreconcilable. One says three Kenyans died yet a Cabinet Secretary says there was no live bullet used. When a Cabinet Secretary makes a statement which is untruthful on a matter of f…

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Anthony Oluoch.

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Hon. Anthony Oluoch (Mathare, ODM)

Hon. Temporary Speaker, I would ask you to determine whether there is quorum for this House to continue before you proceed any further.

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Hon. Kangogo Bowen (Marakwet East, UDA)

Thank you, Hon. Temporary Speaker. I have heard the response that Hon. Nelson Koech has given us. It is completely different from what we saw and was reported in the media. The answer by the Chairman is just cosmetic. Although I cannot accuse my colleague, I would suggest that the Temporary Speaker rule that the Cabinet Secretary for Defence, Hon. Duale, appears before this House to answer this qu…

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Hon. Nelson Koech (Belgut, UDA)

If Hon. Members were very keen, there is a section where I mentioned that the DCI, Military and Police quarters have constituted a board to inquire on the same. Nonetheless, I feel profoundly the concerns of Members that some questions were avoided in this response. We, as a Committee, take the requests for statements by the Hon. Members seriously. If allowed, we will invite the Cabinet Secretary …

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Hon. Nelson Koech (Belgut, UDA)

up with a proper response. Hon. Koech, I direct you, through your Committee, to pick up the lapses and the issues being raised by Hon. Sitienei and Hon. Kajwang’. For instance, the five-year-old child who is said to have fallen into one of the police trenches and died; please, go back to the Ministry and come back to the House with responses to those specific gaps so that the matter can be resolv…

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Hon. Janet Sitienei (Turbo, UDA)

Yes, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. Peter Kaluma)

If there would be a need to elevate it to a level where the Cabinet Secretary responds to it before all representatives in the House, you can also follow through the procedures, if by the time of their responses, all gaps would not have been sealed.

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Hon. Janet Sitienei (Turbo, UDA)

Hon. Temporary Speaker, I accept the response from the Chairperson. I know he will look at it seriously. I was very disappointed and did not know how to speak. On the 25th December, Christmas day, I was seated in church, and when the sermon was about to start, I saw many missed calls. I wondered what was happening, and I walked out. There were screams and wailing. One of my officers, a constituenc…

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Hon. Janet Sitienei (Turbo, UDA)

that the Leader of the Majority Party is supposed to give has not been done. The Deputy Majority Whip, whip in everybody.

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Hon. Irene Mayaka (Nominated, ODM)

Thank you, Hon. Temporary Speaker for your wisdom. I wish to request for a Statement regarding various aspects of financial services being offered by telecommunication companies in Kenya. 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 Finance and National Planning regarding various aspects of financ…

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Hon. Kuria Kimani (Molo, UDA)

Thank you very much, Hon. Temporary Speaker. Hon. Irene has raised a very important matter and the Departmental Committee on Finance and National Planning is well seized of this matter. We have seen thousands, if not millions of Kenyans, lose their money from their bank accounts. When they raise those concerns with their respective banks, this has not been addressed. We have had people lose money…

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The Temporary Speaker (Hon. Peter Kaluma)

By when did you say, you want to respond to the Statement?

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Hon. Kuria Kimani (Molo, UDA)

Give us 30 days, Hon. Temporary Speaker. Will that work for you, Hon. Mayaka?

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Hon. Irene Mayaka (Nominated, ODM)

Hon. Temporary Speaker, I agree with the Chairperson of the Department Committee on Finance and National Planning, that 30 days would be sufficient. This should not take the angle of a Statement but rather an inquiry. As he has clearly put it, we obviously need to also hear from the public in terms of their experiences for us to make a clear determination. I concur with the Chairperson. The State…

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Hon. Njeri Maina (Kirinyaga County, UDA)

Thank you, Hon. Temporary Speaker. I rise to request for a Statement regarding defilement of a minor in Kirinyaga County. For purposes of protecting her, kindly allow me not to mention her name. Hon. Temporary Speaker, pursuant to the provisions of the Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Se…

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Hon. Njeri Maina (Kirinyaga County, UDA)

Mukure Location. According to the report, the chief has been luring the minor, who is a grade seven pupil in Kiburu Primary School, to different lodgings by giving her some money and defiling her after school. When the chief learnt that the minor was pregnant, he approached her elder sister, persuaded her to keep the matter confidential and support procurement of an abortion, after which he would…

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Hon. Njeri Maina (Kirinyaga County, UDA)

Thank you, Hon. Temporary Speaker. Upon hearing that the matter had been reported, the chief revenged by assaulting the minor’s sister on 21st February 2024. The assault case was also reported at Baricho Police Station under OB19/21/02/2024. Thereafter, the chief was arrested, but released on a cash bail of Ksh30,000. Hon. Temporary Speaker, it is against this background that I request for a Stat…

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Hon. Njeri Maina (Kirinyaga County, UDA)

Yes, that is in order, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. Peter Kaluma)

I have mentioned within 30 days so even if that response is available by tomorrow, it can be given. Within 30 days does not mean we have to wait for 30 days. Provided it is not beyond 30 days.

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Hon. Njeri Maina (Kirinyaga County, UDA)

Thank you, Hon. Temporary Speaker.

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Hon. Naomi Waqo (Marsabit County, UDA)

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44 (2) (a) , I rise to give the following Statement on behalf of the House Business Committee which met on Tuesday, 19th March 2024 to prioritise the business for consideration during the week.

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Hon. Naomi Waqo (Marsabit County, UDA)

House and Hon. Members for the dedication and cooperation exhibited so far, in the Session. As Members will note, the House is set to proceed on a short recess, commencing after today’s Sitting in line with the approved Calendar of regular sittings. Thereafter, the House is scheduled to resume sittings on Tuesday, 9th April 2024 at 2.30 p.m., to continue with the First Part of the Second Session. …

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Hon. Peter Lochakapong (Sigor, UDA)

Hon. Temporary Speaker, on behalf of the Leader of the Majority Party, I beg to move that the National Disaster Risk Management Bill (National Assembly Bill No.24 of 2023) be now read a Second Time.

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Hon. Peter Lochakapong (Sigor, UDA)

Hon. Temporary Speaker, as you are aware, the Bill seeks to provide a legal framework for the co-ordination of disaster risk management activities in both levels of Government by establishing an Intergovernmental Council on Disaster Risk Management and the National Disaster Management Authority (NDMA) to ensure co-ordination of disaster risk management issues. Further, the Bill approaches disaste…

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Hon. Peter Lochakapong (Sigor, UDA)

Hon. Temporary Speaker, from what I presented, disaster risk management will require a collaborative effort. When disasters occur, counties will also come in. Within this Bill, we are also establishing a centre at the county that will involve counties in managing disasters. We are bringing counties on board because of the classification of disasters into two: national and county disasters. Where a…

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The Temporary Speaker (Hon. Peter Kaluma)

Who was to second?

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Hon. Peter Lochakapong (Sigor, UDA)

The Member for Ganze, Hon. Tungule. Give him the microphone. Proceed, Hon. Tungule.

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Hon. Kenneth Tungule (Ganze, PAA)

Thank you, Hon. Temporary Speaker, for this opportunity. I rise to second the National Disaster Risk Management Bill (National Assembly Bill No.24 of 2023) . Pursuant to the provisions of Standing Order 127, the Bill, which was sponsored by the Leader of the Majority Party, Hon. Kimani Ichung’wah, and moved by the Chairman of the Regional Development Committee, Hon. Lochakapong, was read a First T…

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Hon. Kenneth Tungule (Ganze, PAA)

risk management efforts. Hon. Temporary Speaker, these hazards in turn lead to disasters that cause death, injury, damage to property and environmental degradation as well as significant disruption of life in the community. Kenya’s development gains have been under threat from an increasing number of disasters. Historically, disaster management in Kenya was not viewed as an integral part of devel…

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Hon. Kenneth Tungule (Ganze, PAA)

reduces suffering but also protects livelihoods. By investing in proactive risk reduction measures, communities can minimise the costs and disruptions associated with disasters and build a more resilient and sustainable future for all. With those few remarks, I beg to second.

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Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

Thank you, Hon. Temporary Speaker. I stand to support the National Disaster Risk Management Bill (National Assembly Bill No.24 of 2023) . As you have clearly mentioned, this Bill was presented in this House in the last term. For some strange reasons, I do not know whether we did not complete it or it was transmitted to the Senate, and therefore, did not see the light of day. Maybe it was never pr…

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Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

negative aspect of it. Therefore, a good progressive society must hinge its management of affairs on three things –

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Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

He has abandoned his point of order. My one minute has been eaten up as he was trying to abandon his point of order. As I was saying, clearly, a risk is an occurrence of unforeseen event. That is the basic definition of ‘risk’, whether negative or positive. A risk should be defined as an occurrence of unforeseen event. A risk should be seen as an occurrence of unbudgeted or unexpected events. In …

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Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

another bureaucracy called the National Disaster Risk Management Authority that comes with authority, fanya fujo uone. Ninety nine per cent of this is about the Cabinet and nobody else. It is as if only the Cabinet can think and manage disasters. From history, we know that a number of disasters are caused by landslides. We cannot have a body like this one without incorporating the physical planne…

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Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

Thank you, Hon. Temporary Speaker. In Clause 34 of the Bill, essentially, they are handing the President powers of declaration of a state of emergency in addition to the provisions clearly stipulated under Article 132 of the Constitution. I want the nation to hear very clearly what Clause 34 (1) says. It states that in the event of a national disaster, the President may declare a National State of…

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Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

Committee of the whole House. Hon. Rindikiri Mugambi.

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Hon. Mugambi Rindikiri (Buuri, UDA)

Thank you, Hon. Temporary Speaker. I would like to support this Bill because disasters have taken a toll on the socio-economic and political aspects of this land. This is an area that has never been given a lot of attention in the past. Therefore, with this Bill, we should have more focus on how to manage this animal called disaster. It is true that we have never had a legal framework for coordin…

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Hon. Mugambi Rindikiri (Buuri, UDA)

appointed to the proposed Authority. Let us not make the mistake of having political appointees because disaster management is a serious matter. People have died, others have suffered economically and populations have been displaced. We have spent a lot of money we cannot account for, and very many wrong things have happened. If this Bill is implemented with the amendments that we will bring, I am…

[(Laughter)]

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Hon. (Dr) John K. Mutunga (Tigania West, UDA)

Thank you very much, Hon. Temporary Speaker, for giving me an opportunity to support this Bill. The Bill was once brought to this House and it disappeared for very many years. I can remember the last time we were discussing a legislation on disaster management was in 2007. It always comes and goes. I hope this time round it will see the light of day and become law because Kenya needs a law on dis…

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Hon. (Dr) John K. Mutunga (Tigania West, UDA)

are talking about disaster risk reduction. There is the issue of assessment or analysis of hazards. The process of disaster response occurs only after a disaster has happened. The response initiatives are about bringing back systems to normal up to their optimal operational standards or where they were operating at before. If a disaster occurred in Nairobi and this honourable house is affected, t…

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Hon. (Dr) John K. Mutunga (Tigania West, UDA)

Hon. Andrew Okuome Adipo, Member for Karachuonyo.

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Hon. Adipo Okuome (Karachuonyo, ODM)

Thank you, Hon. Temporary Speaker. I want to look at this Bill – which I support – in two ways. First, disasters are either caused by acts of man or they occur naturally. The latter category are what people call ‘acts of God.’ Let me start with disasters that are caused by people.

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Hon. Gertrude Mwanyanje (Kilifi County)

On a point of order, Hon. Temporary Speaker. What is out of order, Hon. Mbeyu?

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Hon. Gertrude Mwanyanje (Kilifi County, ODM)

I am sorry… I thought Hon. Okuome is very loud. What is out of order, Hon. Mbeyu?

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Hon. Gertrude Mwanyanje (Kilifi County)

Hon. Temporary Speaker, I stand under Standing Order 35. Looking around, I note that there is no quorum in the House. Are you raising the matter of quorum?

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Hon. Gertrude Mwanyanje (Kilifi County)

Yes, Hon. Temporary Speaker. I order that the Quorum Bell be rung. Order, Hon. Members! Hon. Andrew Okuome, you will have nine minutes when this matter is rescheduled for consideration by the House

[(The Quorum Bell was rung)]

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Hon. Gertrude Mwanyanje (Kilifi County)

Clerk of the National Assembly Parliament Buildings Nairobi