National Assembly · Afternoon Sitting

Hon. Speaker, I beg to give notice of the following Motion:

Communication, Information and Innovation on the Budget Implementation Monitoring for the Financial Year 2022/2023 for the following Votes laid on the Table of the House on Thursday, 25th April 2024:

Member for Nyali, Hon. Mohamed Ali.

Mhe. Spika, naomba kuwasilisha Hoja ifuatayo: KWAMBA, tukifahamu kuwa, Ibara ya 27 (5) ya Katiba inaeleza kwamba hakutakuwepo na ubaguzi wa moja kwa moja au kwa njia isiyokuwa ya moja kwa moja dhidi ya mtu yeyote kwa msingi wowote, ikiwemo misingi ya dini; tukitambua kwamba baadhi ya taasisi za elimu za kidini kote nchini zinatekeleza wajibu muhimu katika utoaji wa elimu kwa wanafunzi wa imani mba…

Thank you, Hon. Mohammed. Next Order.

Ahsante.

for a statement from the Chairperson of the Departmental Committee on Energy regarding the ongoing power outages in Kiunga Village in Lamu East Constituency. Hon. Speaker, the Kenya Power and Lighting Company is mandated to provide electricity connectivity to all parts of the country. Unfortunately, since 10th April 2024, Kiunga Village in Lamu East Constituency has been experiencing prolonged po…

Order.

[(Hon. Ruweida Mohammed spoke off the record)]

Order, Hon. Ruweida. You are out of order. One, when you start in English, you end in English. Two, you have no authority to debate your own request for statement. Next is the Member for Nyaribari Chache.

Thank you, 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 Health regarding the ban on the consumption of shisha and vape in the country. Hon. Speaker, in 2017, Kenya implemented a comprehensive ban on shisha including; the use, importation, manufacture, sale, offer of sale, promotion, …

Thank you. Hon. Ruweida, I did not commit the Chair of the Committee on when to bring your Statement. Who is the Chairperson of the Departmental Committee on Energy? Is Hon. Vincent Musyoka in the House? Leader of the Majority Party, advise him to bring a response in two weeks. The same with the Chairperson of the Departmental Committee on Health. Hon. (Dr) Pukose you are here. Bring the statemen…

[(Hon. (Dr) Robert Pukose spoke of 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 Social Protection regarding the disbursement of the Women Enterprise Fund (WEF) . Hon. Speaker, the Women Enterprise Fund was established in 2007 primarily to provide accessible and affordable credit and business support services to women …

Hon. Speaker, now that we are going on recess next week, can I respond after we come back from recess?

Two weeks.

In two weeks. Thank you. Hon. Joyce Kamene, Member for Machakos County.

Hon. Speaker, pursuant to Standing Order 44 (2(c) , I rise to request for a statement from the Chairperson, Departmental Committee on Transport and Infrastructure regarding the deplorable condition of Mlolongo-Quarry-Katani Road in Machakos County. Hon. Speaker, road infrastructure is a critical enabler for national development. It is therefore imperative that construction of road infrastructure …

Hon. Speaker, we require two or three weeks to respond. You have two weeks. Leader of the Majority Party, give your Thursday Statement

Thank you, Hon. Speaker. This is the usual Thursday Statement by the Leader of the Majority Party. 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, 23rd April 2024, to prioritise the business for consideration during the week. Hon. Speaker, with regard to the business scheduled for Tu…

proceeding on the long recess. Hon. Speaker, we have several matters that are of national importance that we must conclude. Therefore, when we request Members that we sit for longer hours or we add extra Sittings, we expect and ask Members to help us do that. Hon. Speaker, the House Business Committee shall reconvene on Tuesday, 30th April 2024 to schedule business for the rest of that week. I n…

On a point of order. Yes, Hon. Gikaria. What is out of order?

Thank you, Hon. Speaker. I beg for your indulgence. The Departmental Committee on Environment, Forestry and Mining has a response to a request for statement that was sought by Hon. Lekuton of Laisamis. I have listened carefully to the Hon. Leader of Majority Party and I would request the House Business Committee to schedule us to give that Report on Climate Change. That is because we have had that…

Hon. Lekuton is not in today. Okay. Hon. Gikaria, can we bring it up on Tuesday?

Most obliged Hon. Speaker. Thank you. Next Order.

Thank you, Hon. Speaker. I rise pursuant to Standing Order 42 (2) , and I would like to request you to re-organise the Order Paper so that Order No.12 comes before Order No.11 because of the urgency and importance of those regulations which need to be passed… The Hon. Leader of Majority Party has already made such a request to the Chair. Hon. Members on their feet, take your seats since I want to…

[(Several Members stood along the aisle)]

[(Hon. Silvanus Osoro stood on the gangway)]

[(Question put and agreed to)]

to Committee of the whole House)

Can I move?

Yes.

Thank you Hon. Speaker. I beg to move: THAT, the Senate amendments to the Water (Amendment) Bill, (National Assembly Bill No. 33 of 2023) , be now considered. Hon. Speaker, as Members may recall, the National Assembly considered the Water Amendment Bill 2023, (National Assembly Bill No. 33 of 2023) , and passed it with amendments on 23rd August, 2023 and forwarded the same to the Senate for concu…

access to clean water, help reduce water shortages by providing more water to the public distribution system and also boost agricultural production especially in areas that experience erratic and low rains. As Members may note, we must strive for legislation that promotes responsible stewardship of our water resource. There is need for regulation management and development of water resources that …

Thank you, Hon. Speaker. I rise to second the Motion by the Deputy Leader of the Majority Party. We invited the Cabinet Secretary for Water, Sanitation and Irrigation as the Departmental Committee on Blue Economy and Irrigation, so that we can deliberate on issues pertaining to Public-Private-Partnerships (PPP) on water and who can be regarded as a bulk water supplier. We rejected all the clauses …

[(Several Members stood up in their places)]

[(Question proposed)]

Put the Question! Do I put the Question?

Yes! Hon. Members, at the request of the Leader of the Majority Party, we will re-arrange the business and move from Order No.10 to Order No.12. We will return to Order No.11 later. Leading Clerk-at-the-Table, call out Order No.12.

[(Question put and agreed to)]

Hon. Speaker, I beg to move the following Motion: The import of these Regulations is to establish the Kenya Millennium Development Fund (MDF), which is to be charged with the responsibility of receiving funds from the Millennium Corporation of the United States of America (USA) worth about US$60 million for certain functions to be performed within Nairobi County and its environs. The objects of …

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

improving the monitoring capacity of the Government and civil society organizations. Hon. Deputy Speaker, in December 2019, the Millennium Challenge Corporation (MCC) Board selected Kenya based on improved performance on the control of corruption indicator. In January 2020, the MCC Chief Executive Officer (CEO) visited Kenya and launched the programme. Between March and October 2021, the Governme…

Hon. Owen Baya, please second.

Hon. Deputy Speaker, I thank you. At the beginning, I declare that I would like to second the Report of the Committee on Delegated Legislation on its consideration of the Public Finance Management (Kenya Millennium

is pursuant to the provisions of Section 24(4) of the PFM Act. I request Members to support this Report because it is very important in terms of unlocking the finance for the BRT system in this country. This is a very important milestone in financing by the MCC, which has funded projects in this country before. We need to consider this as it is one of the most important policy statements. It is a…

Put the question!

Hon. Members, I hear you that I should put the question. Next Order.

[(Question put and agreed to)]

Thank you. Hon. Members, the County Licensing (Uniform Procedure) Bill (Senate Bill No. 9 of 2022), is, therefore, pended until the next time it is put on the Order Paper for consideration in the Committee of the whole House.

Yes. The Temporary Chairman : Okay. Senate amendment to clause 2

[(Hon. David Ochieng’)]

Hon. Temporary Chairman, I move that the Senate amendment to clause 2 be rejected. The Committee met and looked at what the Senate was bringing on board which was definitions like water service provider, contracting authority and county agencies, among others. We discovered that this will bring a different interpretation to what is contained in the Water Act, 2016. Therefore, as a Committee we rej…

[(Hon. David Ochieng’)]

[(Question of the amendment proposed)]

[(Question, that the word to be left out be left out, put and negatived)]

[(Question, that the word to be inserted be inserted, put and negatived)]

the economic efficiency criteria set by the Regulatory Board” at the end of the paragraph; and,

Hon. Temporary Chairman, I move that the Senate amendment to clause 3 be rejected. The Committee looked at this clause and saw that the Public Private Partnerships Act which came into effect on 23rd December 2021, is the principal law governing the Public Private Partnerships (PPP) in Kenya. Also, Section 32 of the Act provides an elaborate, legal and institutional framework, for carrying out the …

[(Hon. David Ochieng’)]

[(Question of the amendment proposed)]

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

Thank you, Hon. Temporary Chairman. I move that the Senate amendment to Clause 4 be rejected. The reason being that there is already an elaborate legal administrational framework in place under the Public Private Partnerships Act and the Water Act, 2016 (Cap. 372) . This ensures that there is financial integrity of all the PPP projects that are carried out in Kenya. This also safeguards the custom…

public water works should not be transferred to the county government as the Senate had intended. The Temporary Chairman (Hon. David Ochieng’): Thank you. (Question of the amendment proposed) (Question, that the word to be left out be left out, put and negatived) (Question, that the word to be inserted be inserted, put and negatived) (Senate amendment to clause 4 negatived) Senate amendment to cl…

Hon. Temporary Chairman, I beg to move that clause 5 be rejected. As the Committee we looked at it and discovered that section 72 of Water Act, Cap 372 empowers the regulatory bodies to publish regulatory standards without the approval of the Cabinet. For consistency in this case, in the provisions of the law, the Senate amendment is welcomed. However, there is need for further amendments to remov…

[(Question of the amendment proposed)]

Thank you Hon. Temporary Chairman, I beg to move:- THAT, the Senate amendment to clause 6 be rejected. The Act provides that handover agreements for completed water works shall be between the water works development agencies like the Coast Water Works Development Agency or any other agencies and the county government. It is the county government, the joint committee or the authority of the county…

[(Question of the amendment proposed)]

[(Hon. David Ochieng’)]

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

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

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

Hon. Temporary Chairman, I beg to move that the Senate amendment to clause 7 be rejected. The Bill proposes an amendment to Section 72 of Water Act by introducing a new mandate for the Water Services Regulatory Board (WASREB) to evaluate and approve water, sewerage and bulk water tariffs for the domestic, commercial and irrigation purposes. The regulator evaluates the tariff and approves the imp…

[(Question of the amendment proposed)]

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

[(Hon. David Ochieng’)]

Hon. Temporary Chairman, I beg to move that the Senate amendment to clause 9 be approved. When we looked at this, we discovered that what the Senate was recommending is line with what is in the Water Act, 2016. It is also in line with the Public Private Partnerships Act (PPP) which was enacted in 2021. So, we support as a Committee. (Question, that the words to be left out be left out, put an…

[(Question of the amendment proposed)]

(Senate amendment to clause 9 agreed to) Senate amendment to clause 10 THAT clause 10 of the Bill be amended by deleting the proposed subsection (4) and inserting therefor the following new subsection —

Thank you, Hon. Temporary Chairman. I beg to move that the Senate amendment to clause 10 be accepted. That is what we looked at as the Committee. Clause 10 of the Bill seeks to amend Section 100 of the Water Act which deals with supply of bulk water. The Bill proposes that the bulk water supply services to the water services provider in the county or multiple counties different from where the bul…

[(Question of the amendment proposed)]

[(Question, that the words to be inserted in place(Senate amendment to clause 10 agreed to)]

[(Hon. David Ochieng’)]

Hon. Temporary Chairman, I beg to move that the Senate amendment to clause 11 be rejected. Reason being that clause 11 of the Bill proposes an amendment to Section 114 of the Water Act to expand the mandate of the water trust fund by broadening the scope of entities to which the fund caters. Currently, the Act mandates the fund to provide financial support to counties in the provision of water a…

(Question, that the words to be left out be left out, put and negatived) (Senate amendment to clause 11 negatived) Senate amendment to clause 12 THAT, Clause 12 of the Bill be amended in the proposed new section 119 (2) by inserting the following new paragraph immediately after paragraph (c):

Thank you, Hon. Temporary Chairman. I beg to move that the Senate amendment to clause 12 be rejected. It seeks to amend Section 119 of the Water Act which establishes the Water Tribunal. The Act established the tribunal but did not provide for composition of the tribunal members. The proposed amendments to clause 12 seeks to cure this gap of the law. The Senate proposed that the two persons appo…

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

[(Hon. David Ochieng’)]

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

Hon. Chairperson, report to the House.

Thank you, Hon. Temporary Speaker. I beg to report that the Committee of the whole House has considered the National Land Commission (Amendment) Bill, (National Assembly Bill No.43 of 2023) , and approved the same with amendments.

Mover.

Thank you, Hon. Temporary Speaker. I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Jerusha Momanyi to second.

Hon. Temporary Speaker, I second.

[(Question proposed)]

Put the question.

[(Putting of the question deferred)]

Next Bill.

Hon. Chairperson, report to the House.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Senate Amendments to the Water (Amendment) Bill, (National Assembly Bill No.33 of 2023) , and approved the same with amendments.

Mover. Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Stanley Muthama to second.

Proceed, Hon. Muthama.

Hon. Temporary Speaker, I second.

[(Question proposed)]

[(Putting of the question deferred)]

Next Order.

(Second Reading)

The Deputy Leader of the Majority Party. Thank you, Hon. Temporary Speaker. I beg to move that the Statute Law (Miscellaneous Amendments) Bill, (National Assembly Bill No.67 of 2023) , be now read a Second Time. This Bill was introduced in keeping with the practice of making various amendments that do not merit the publication of separate Bills by consolidating them into one Bill. In the 12th Pa…

people. It also seeks to bring in the aspect of licensing. You must have a license if you want to be a scrap metal dealer. It also seeks to increase penalties for vandals. The fourth Act is the National Employment Authority Act, 2016 (No.3 of 2016). The amendment to the National Employment Authority Act 2016 provides that the Act shall apply to an employer who employs more than 10 employees. An e…

On a point of order, Hon. Temporary Speaker.

Order, Hon. Baya. Once a Member rises on a point of order, we have to hear him. What is your point of order?

Thank you, Hon. Temporary Speaker. Is it in order for the House to discuss such an important Bill without the requisite quorum?

Which Standing Order are you rising on? He has raised an issue of quorum and our Standing Orders are very explicit on quorum. consulted with the Clerks-at-the-Table) A Member has risen in his place and raised an issue of quorum as per Standing Order

[(The Temporary Speaker (Hon. Omboko Milemba)]

Very well. A Member rose in his place under Standing Order No.35 on the matter that concerns the quorum of the House. I ascertained that there was no quorum in the House. Hon. Members, the bell having been rung for 10 minutes, I still ascertain that there is no quorum. Therefore, we may rise.