National Assembly · Afternoon Sitting

Schedule of Amendments pursuant to Article 112(1)(b) of the Constitution and Standing Orders 46(1) and 164(c) of the Senate Standing Orders. Hon. Members, I direct that the two Senate Bills be read a First Time in line with Standing Order 143, when the House sits next. After being read a First Time, the Bills shall stand committed to respective Committees as follows:

Thank you. Next is the Chairperson, Departmental Committee on Administration and Internal Affairs. Is that Hon. Tongoyo?

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Administration and Internal Affairs on the Report of the National Government and Coordination (Amendment) Bill No.25 of 2023. Thank you, Hon. Speaker.

Next is Hon. (Col.) Dido Raso, Vice-Chairperson, Departmental Committee on Administration and Internal Affairs.

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Joint Departmental Committees on Administration and Internal Affairs; Defence, Intelligence and Foreign Relations and Select Committee on Diaspora Affairs and Migrant Workers.

Next is the Chairperson, Departmental Committee on Finance and National Planning, Hon. Kimani.

Hon. Speaker, I beg to lay the following Paper on the Table:

Hon. Kimani, hold on. I have been told that Hon. Raso did not complete reading the title of the Report. For purposes of the Hansard, can you repeat? Start afresh.

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Joint Departmental Committees on Administration and Internal Affairs; Defence, Intelligence and Foreign Relations and Select Committee on Diaspora Affairs and Migrant Workers on the Participation in the Mobile Consular Service Exercise held in the United States of America from 13th to 24th April 2023. Thank you, Hon. Speak…

Hon. Kimani, Chairperson of the 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 and Departmental Committee on Communication, Information and Innovation on its Inquiry into the 100 per cent Buyback of Telkom Kenya Limited by the Government of Kenya.

Next Order.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Select Committee on Implementation on its consideration of the First and Second Reports on Implementation Status of Reports on Petitions and Resolutions passed by the House.

Thank you. Chairperson of Select Committee on Members’ Services and Facilities, Hon. Karani.

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

Are you ready?

Sorry, Hon. Speaker.

Go ahead.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Select Committee on Members’ Services and Facilities on its Inquiry into the Quality of Services Rendered to the Members of the National Assembly by Various Directorates, laid on the Table of the House on Thursday, 26th October 2023. I thank you, Hon. Speaker.

Next is the Vice-Chairperson of the Departmental Committee on Administration and Internal Affairs, Hon. Dido Raso. Give him the microphone. There you are.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Joint Delegation from the National Assembly Departmental Committees on Administration and Internal Affairs; Defence, Intelligence and Foreign Relations and the Select Committee on Diaspora Affairs and Migrant Workers on their Participation in the Mobile Consular Service Exercise held in the Unite…

Clerk-at-the-Table, can you switch off Hon. Museo’s microphone? It has a problem. Next is Hon. Kuria Kimani, Chairperson of the Departmental Committee on Finance and National Planning.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Joint Departmental Committees on Finance and National Planning and Communication, Information and Innovation on its Inquiry into the 100 per cent Buyback of Telkom Kenya Limited by the Government of Kenya.

Thank you, Hon. Kimani. Next Order.

Member for Changamwe, Hon. Omar Mwinyi.

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 Labour regarding unfair treatment of employees of Ashton Apparel (EPZ) Limited and Mombasa Apparel (EPZ) Limited in Mombasa County. Article 41 of the Constitution entitles every person to the right to fair labour practices, which include f…

Thank you, Hon. Omar Mwinyi. Statements are statements. The best I can do for you is to direct the Chairperson of the Departmental Committee on Labour, Hon. Karemba. I direct the Leader of the Majority Party to direct the Chairperson to bring a response to that request for a Statement in two weeks. Hon. Omar Mwinyi, thank you for your generous description of me, but that notwithstanding, we must f…

Hon. Speaker, those are your qualities, which I am proud to highlight because you deserve it. Otherwise, I oblige. Thank you, Hon. Speaker.

Thank you. Next is the Member for Soy, Hon. David Kiplagat.

Thank you, Hon. Speaker. Pursuant to Standing Order 44 (2) (c) , I rise to request a statement from the Chairperson of the Departmental Committee on Finance and National Planning regarding the impending sale of Uchumi Langáta Hyper LR No. 209/12593 under Insolvency Petition 25 of 2018 by the UBA Bank. Uchumi Supermarkets Limited is a public limited liability company in Kenya that was placed under…

If the UBA Bank is allowed to sell the property at a depressed valuation, the Government risks the loss of its secured asset, which stood at Ksh1.48 billion in 2016 and yet the Bank’s interest in the property is Ksh161,502,101. The sale would also jeopardise the Company’s chance to implement the revised CVA, and other creditors would lose their dues. It is against this background that I seek a st…

Thank you, Hon. David Kiplagat. Hon. Member for Kesses, you had asked me if you could speak to this, but I will not allow you. I will follow the same precedence I had set with Hon. Omar Mwinyi. Hon. Kimani, does this fall under the Departmental Committee on Finance and National Planning?

Yes.

As the Chairperson, bring us a response to that request for a statement in two weeks.

Sure.

Leader of the Majority Party.

Thank you, Hon. Speaker. I beg to give our Thursday Statement on behalf of the House Business Committee (HBC) , which met on Tuesday, 24th October 2023, to prioritise the business for consideration during the week. At the outset, allow me to commend the leadership of the House, including Chairpersons of committees and all Members, for the dedication and diligence you have exhibited so far during …

Thank you, Deputy Leader of the Majority Party. Hon. Members, before we go to the next issue, you recall yesterday, I directed the stepping down of the Kenya Drugs Authority Bill and gave several directions on how to handle it. The Committee, in bringing together all Members with proposed amendments, must work to ensure that by the time we resume from the short recess on 7th November 2023, they wi…

Thank you, Hon. Speaker, for allowing me a chance to welcome Kandongu Secondary School from Mwea to this House. I want to encourage the students to aspire to return to this Honourable House someday as Members of Parliament. Also, allow me to wish all the candidates of Mwea Constituency success in their examinations and, indeed, all the candidates in this country. Thank you, Hon. Speaker.

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

Next Order.

(Resumption of consideration interrupted on 25.10.2023 – Morning Sitting)

Chairperson

Thank you, Hon. Deputy Speaker. I beg to report that the Committee of the whole House has considered the Public Service (Amendment) Bill, (National Assembly Bill No.46 of 2022) , and approved the same with amendments.

[(Values and Principles)]

Mover.

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. (Dr) Robert Pukose to second the motion for agreement with the report of the Committee of the whole House.

Thank you, Hon. Deputy Speaker. I second.

[(Question proposed)]

[(Question put and agreed to)]

Mover.

Hon. Deputy Speaker, I beg to move that the Public Service (Amendment) Bill, (National Assembly Bill No.46 of 2022) , be now read a Third time. I also request Hon. (Dr) Pukose to second.

[(Values and Principles)]

Thank you, Hon. Deputy Speaker. I stand to second the Public Service Bill, (National Assembly Bill No.46 of 2022) . I want to thank Members for supporting this Bill, which has come to this stage, and wish them an enjoyable short recess. I also wish candidates of Endebess Constituency who are sitting the Kenya Certificate of Secondary Education (KCSE) , Kenya Certificate of Primary Education …

[(Values and Principles)]

[(Question proposed)]

Put the Question.

It is the mood of the House that I should put the question.

Yes.

Hon. Members, I have confirmed that the House is properly constituted for the purpose of making this decision.

[(Question put and agreed to)]

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

Chairperson.

Thank you, Hon. Deputy Speaker. I beg to report that the Committee of the whole House has considered the National Construction Authority (Amendment) Bill, (National Assembly Bill No.59 of 2022) , and its approval thereof without amendments. Thank you, Hon. Deputy Speaker.

Mover.

Thank you, Hon. Deputy Speaker. I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Wachira Karani to second the motion for agreement with the report of the Committee of the whole House.

Thank you, Hon. Deputy Speaker. I second.

[(Question proposed)]

[(Question put and agreed to)]

Mover of the Bill.

Hon. Deputy Speaker, I beg to move that National Construction Authority (Amendment) Bill, (National Assembly Bill No.59 of 2022) , be now read a Third Time. I also request Hon. Wachira Karani to second.

Thank you, Hon. Deputy Speaker. I second.

[(Question proposed)]

Put the Question!

Hon. Members, I have confirmed that we have the requisite quorum in the House for the purpose of making this decision. Next Order.

[(Question put and agreed to)]

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

Mover.

THAT, the National Government Constituencies Development Fund (Amendment) Bill 2023, (National Assembly Bill No.13 of 2023) , be now read a Second Time. It is a Bill that is co-sponsored by the Leader of the Minority Party, Hon. Opiyo Wandayi, MGH, and the Leader of the Majority Party, Hon. Kimani Ichung'wah, MGH. I wish to commend the Select Committee on the National Government Constituencies Dev…

Senate and the Commission on Revenue Allocation. The Petition in court also states that the Act violates the basic structure of the Constitution, the rule of law and the distinctiveness of the levels of Government. Lastly, the Petition also has something that says that the Act violates the principles of public finance. However, it is good to note that the Chief Justice is yet to constitute a benc…

Clause 6 of the Bill provides for the repeal and replacement of Section 24 of the Act to provide that a project under the Act must only be in respect of works and services falling within the exclusive functions of the national Government under the Constitution. It seeks to remove funding for community-based projects that benefit widespread cross-section of the inhabitants of a particular area. Cl…

Clause 13 of the Bill provides for deletion of Section 54(2) of the Act which provides that normal Government development allocations shall continue alongside the projects funded under this Act. Clause 14 of the Bill provides for the consequential amendment to Section 14 of the National Government Coordination Act No.1 of 2013 to ensure that constituencies are recognised as National Government Se…

Proceed Hon. Mbui.

Thank you, Hon. Deputy Speaker and the Acting Leader of the Majority Party. The substantive Leader was not here when the Bill was moved for Second Reading. It is a Bill that has been sponsored by both the Leader of the Majority Party and the Leader of Minority Party. I stand to second the Bill on behalf of the Leader of Minority Party. It is important to first look at the history of the NG-CDF. It…

were put up under the CDF. If they had not been put up then, the county governments today would probably have not reached the level they are now. Therefore, the CDF has been a game changer. The most interesting thing to note is that the NG-CDF does not have a lot of money. Every financial year the NG-CDF gets Kshs100 million per constituency. However, if you look at what it has done in all our co…

to the constituency in the preceding year. This has been brought about by the fact that this Fund has always been pegged on a percentage. However, there is a possibility that Government revenues could fall. It would be painful if they were to fall and yet funded projects requiring going to phase II were unable to be implemented. That is why we have ensured monies received under the NG-CDF Act of 2…

On a point of order.

What is your point of order, Hon. Kimani?

On a point of order, Hon. Temporary Speaker.

What is out of order, Hon. Baya? The Leader of the Majority Party, do you have something to say? Give him the microphone.

Hon. Temporary Speaker, I could raise the issue that Hon. Baya wanted to raise. It is nothing out of order. It is only that the Mover of the Motion that follows this one left earlier. Therefore, we request that you stand down the next Order.

Very well. Hon. Members, if that is the case, there being no other business to transact, I take this opportunity to wish our candidates, who are sitting for their examinations next week the very best. I hope that they had time to revise well. I wish them the best in their exams, including my son and the Member’s daughter.

[(A Member spoke off the record)]