National Assembly · Afternoon Sitting
Thursday, 24 August 2023
Hon. Emmanuel Wangwe thanked colleagues and addressed procedural matters before the Temporary Speaker called for a motion of adjournment. Hon. Mary Emaase then moved a motion highlighting the surge in killings of bodaboda riders in Teso South, detailing the human and economic toll and urging security agencies and ministries to develop a regulatory framework and protective strategies for the sector. Members debated the escalating violence and criminality linked to the bodaboda (motorcycle) sector in Busia and surrounding counties, highlighting murders, theft, and its use in smuggling. They called for better regulation, technology‑based tracking, and stronger security interventions, while criticizing perceived police collusion and government inaction. The debate focused on the new funding model for university students, especially those under 18, outlining that they will receive full scholarships in the first year and HELB loans once they obtain national identity cards. MPs highlighted concerns about contractual limitations for minors, the timing of fund disbursement, and the need for clear communication, while thanking the Cabinet Secretary for the presented guidelines. The discussion emphasized ensuring students can commence studies even if funding has not yet arrived.
I direct that the Bell be rung for a further ten minutes. We can begin.
[(The Quorum Bell was rung)]
Hon. Members, I wish to introduce a delegation of Members of Parliament from the United Kingdom Parliament seated at the Speaker’s Row. The delegation comprises:
[(Applause)]
Thank you, Hon. Deputy Speaker. I was not there in the morning to welcome them on behalf of the Departmental Committee on Health, but my Vice-Chair was there to do so. According to him, they had a very fruitful discussion. You are welcome to Kenya. I know you have been here and are now finishing your stay. You are welcome again. Kenya is a good country. Thank you.
Hon. Deputy Speaker, I beg to lay the following papers on the Table:
Chairperson, Special Funds Accounts Committee. We can proceed to the next one if the Chairperson is not here. The Vice-Chairperson, Parliamentary Caucus on SDGs and Business, Hon. Martha Wangari.
Hon. Deputy Speaker, I beg to lay the following Paper on the Table: Report of a Delegation of the Parliamentary Caucus on SDGs and Business on the Proceedings of the 2023 United Nations High-Level Political Forum on Sustainable Development (HLPF) held in New York, United States of America, from 10th to 21st July 2023.
The Chairperson, Departmental Committee on Finance and National Planning.
Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Finance and National Planning on its consideration of the Privatisation Bill (National Assembly Bill No.22 of 2023) .
Member of the Delegation to the Pan-African Parliament, Hon. Passaris.
Hon. Speaker, I beg to lay the following Paper on the Table:
Thank you. Is the Chairperson for the Special Funds Accounts Committee here yet? We will proceed to the following Order.
Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, this House notes the Report of a delegation of the Parliamentary Caucus on Sustainable Development Goals and Business on the proceedings of the 2023 United Nations High Level Political Forum on Sustainable Development
(HLPF 2023) held in New York, United States of America, from 10th to 21st July 2023, laid on the Table of the House on Thursday, 24th August 2023.
Member of the Delegation to the Pan-African Parliament.
Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, this House notes the Report on the Record of Proceedings of the 2nd Ordinary Session of the 6th Parliament of the Pan-African Parliament held in Midrand, South Africa, from 15th May 2023 to 2nd June 2023, laid on the Table of the House on Thursday, 24th August 2023.
Next Order. The Leader of the Minority Party.
Thank you very much, Hon. Deputy Speaker. There is an issue that requires the urgent and immediate attention of the Departmental
1 and direct the Chair of the Committee, who is looking at me, to make a Statement on this matter. If he cannot, direct the Leader of the Majority Party to do so. Thousands of students out there cannot continue to remain in silence. They are very apprehensive; they do not know what will happen. They have paid money to KUCCPS for admissions. The courts have stopped it, and so has a committee of th…
Thank you, Leader of the Minority Party. You have gone straight to Statements in Order No.7. I allowed you out of my discretion because it is a matter of national importance. Let us announce the following Order. Then, I will give a chance to the Leader of the Majority Party and the Chairperson of the Departmental Committee on Health to respond.
Yes, the Hansard can reflect that Hon. Wandayi has made a Statement which will now be responded to. I will give a chance to the Departmental Committee on Health Chairperson. Hon. Pukose, a similar issue was raised yesterday about 18-year-olds needing identity cards. It was also referred to the relevant committee by the Speaker. Proceed.
Thank you, Hon. Deputy Speaker. The KMTC Board is, indeed, mandated by law, under Section 106 of the KMTC Act, to make admissions. This issue came before the Departmental Committee on Health, and we deliberated on it. KUCCPS, through a Memorandum of Understanding (MoU) with KMTC, agreed that it does placement of students while KMTC does admissions. The process had already started when they appear…
Leader of the Minority Party.
Thank you, Hon. Deputy Speaker. With all due respect to the Chairperson, he has not addressed the issue of the pronouncement made by his
Placement is simply part of admission. You cannot say you have been admitted unless you have done placement. So, placement is part of the admission process, and the functions are under the KMTC Act. It belongs to the KMTC Board. The Cabinet Secretaries will be coming to do nothing. We do not need them to interpret for us the law, which is very clear. If anybody out there is uncomfortable with the …
[(Applause)]
Thank you, Leader of the Minority Party. I cannot pronounce that right now because I do not have all the facts. A similar matter relating to KUCCPS was raised yesterday. I think the Speaker directed the Departmental Committee on Education and Research to call a meeting and summon the relevant Cabinet Secretaries. So, the matter can be addressed since it is urgent as the student’s placement is ongo…
Hon. Speaker, for any decision made by a committee, normally a report is prepared and tabled in the House for debate. Once debated, the House either rejects, accepts, or makes amendments. So, I think what the Leader of the Minority Party is asking to be done is unprocedural. I have made it clear that the committee made its pronouncement and was documented. What remains is to present a report to th…
That is what I meant when I said I do not have all the facts within my knowledge. It has come out that the committee’s report is not ready. I will give the Member for Matungulu an opportunity.
Thank you very much, Hon. Speaker. I want to remind Members that we are the custodians of the rule of law in this country. I am very aware that every Member of this House from the 290 constituencies has people calling them regarding this issue. The law can never be overruled by memoranda or agreements done outside this House. Hon. Deputy Speaker, yesterday I heard you speak passionately about how…
What are we doing in this House? It would be better for us to resign, go home, and stop spending taxpayers' money on things that cannot happen. It is high time we maintained the dignity of the House, whichever side of the political divide we come from. We must stand firm and tell the nation that the only institution mandated to deal with issues of the law is Parliament. Last but not least, the is…
Thank you, Hon. Members. The Chairperson of the Departmental Committee on Health has given an undertaking that he will move with speed to summon those various agencies and the Cabinet Secretary.
[(Loud consultations)]
Hon. Members, I have a Communication that has just come to the Speaker's Chair. It is an announcement from the Coast Parliamentary Group. They confirm that they held elections today, and the undersigned persons now form their leadership:
Thank you, Hon. Deputy Speaker. My point of order is on discipline in the House. I raised this issue yesterday. It is important for us to grasp and understand what you are communicating to us. While you were making the Communication, our colleagues were walking in and conversing in loud tones. Members should listen to the Communication so that we can implement it.
Unfortunately, I did not spot Members who were upstanding or conversing because I was busy reading. They stand guided and corrected. I will protect the Leader of the Majority Party from Members approaching him. Hon. Moroto, give him a break. Leader of the Majority Party, they may not have been able to visit you in your office because you were not around. The following Statement is a General State…
Thank you, Hon. Deputy Speaker. I have quite a number of Statements today.
[(Laughter)]
Hon. Members, the Leader of the Majority Party, is making a very important Statement about the proceedings that will ensue after recess.
There is another kamukunji happening right before me. There are rooms at the back where Members can consult. Thank you, Hon. Deputy Speaker. Upon resumption, the House is expected to continue debating the Second Reading of the Statute Law (Miscellaneous Amendments) Bill of 2022. The House will also debate the following Motions should they not be concluded today:
On my behalf and that of the HBC, I wish Hon. Members a restful and busy recess as they engage with their constituents. As the HBC notes in this Statement, I also want to remind you that we will now have time during this recess to engage in public participation exercises over our proposals for the next financial year. Hon. Deputy Speaker, with your permission, I can proceed to the Statement from …
You may proceed. It would be unfair not to read it in full. I do not think you have the authority to edit the Cabinet Secretary’s document.
[(Laughter)]
Hon. Deputy Speaker, the Constitution of Kenya 2010 has assigned the National Government responsibility for the construction and maintenance of national trunk roads while the county governments have been assigned the responsibility for county roads. The county governments became beneficiaries of the Road Maintenance Levy Fund (RMLF) conditional grant from Financial Year 2015/2016 based on the Coun…
communicate to the road agencies, at least, a year in advance on the funding likely to be available for allocation in the coming year. Every road agency is then required to submit to the Board an annual roads programme. The Board is further required, in accordance with Section 35(2)(a) of the Act, to submit a collated annual roads maintenance programme of the road agencies to Parliament for approv…
maintenance of county roads. In the event that Parliament does otherwise, the ceilings to KeRRA shall be revised upwards as shown in Table 2 bellow. Table 2: KRBF allocation to KeRRA FY 2024/25 (Option 2)
Until and unless Parliament amends that law, the schedule must remain as per Schedule 2 in this letter — the Ksh69 million and Ksh76 million for the Financial Year 2025/2026.
[(Loud consultations)]
[(Loud consultations)]
Hon. Members, allow me to recognise students seated in the Public Gallery from the following schools: They are from King Hill Academy Primary School from Kabarnet Constituency, Baringo County; Elangata Enkima Primary School from Kajiado South Constituency, Kajiado County; Mansukh S. Patel Primary School from Rongai Constituency, Nakuru County; Alkhair Royal Primary School from Mvita Constituency, …
[(Loud consultations)]
Hon. Deputy Speaker, you know that there is a lot of interest in this matter because it concerns constituencies. That is the reason we are here. If it were not for our constituents, we would not be here. The Leader of the Majority Party has ably read….
Hon. TJ, make it brief so that we can have more Members participating since many are interested.
Hon. Deputy Speaker, I will be very brief. The Leader of the Majority Party has read a statement which is very clear, but he has talked about the principle in accounts called prudence. I do not know what that means because I did not go to accounting school. However, you and me know the principle called ‘without prejudice’. If you read that letter done by the agency and supervised by the Cabinet Se…
[(The Hon. Deputy Speaker consulted the Clerk-at-the Table)]
Give the other Members a chance.
Thank you very much, Hon. Temporary Speaker.
You want me to give Hon. Martin Owino a chance first, or you want to just respond quickly? Members, we have a Petition that is starting at 5.00 p.m. We want to, at least, get to business on the Sugar Bill, hence the urgency. I know the Sugar Bill is also a hot potato. So, we have to choose between KeRRA and the Sugar Bill.
Hon. Deputy Speaker, you know that I am an accountant and an economist. I have never pretended to be a lawyer. I do not know whether this letter was without prejudice or with caution but, at least, I can read that there is the word ‘caution’. On the last page, he says “the lower ceiling issued to KeRRA was made under caution to safeguard the Authority from early procurement of works and the result…
caution in saying that he will be guided by what Parliament resolves. Therefore, we can leave the matter to the Committee to deal with.
Hon Members, I want to seek your indulgence. Since this matter will go to the Committee and still come back to the House, you will have an opportunity to interrogate it further. Since the Committee has said that the Cabinet Secretary shall appear to answer those questions, let us move to today’s main business. Just before that, I will quickly go back to Orders 5 and 6 to allow the Chairperson of …
Hon. Deputy Speaker, I beg to lay the following Papers on the Table:
Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Special Funds Accounts
Thank you. Next Order.
Hon. Members, the time being