National Assembly · Morning Sitting

Mover.

Hon. Deputy Speaker, I beg to move that the Ethics and Anti-Corruption Commission (Amendment) Bill (National Assembly Bill No.11 of 2024) be now read a Third Time.

I request Hon. Oundo to second.

Thank you, Hon. Deputy Speaker, I second.

[(Question proposed)]

[(Question put and agreed to)]

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

Mover.

Let us finish this. Hon. Deputy Speaker, I beg to move that the Kenya Roads Board (Amendment) Bill (National Assembly Bill No.18 of 2024) be now read a Third Time. I request Hon. Ferdinand Wanyonyi to second.

Hon. Deputy Speaker, I second.

[(Question proposed)]

[(Question put and agreed to)]

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

Thank you very much, Hon. Deputy Speaker. I beg to move that the Kenya Revenue Authority (Amendment) (No.2) Bill (National Assembly Bill No.35 of 2024) be now read a Third Time. I request Hon. Rachel Nyamai to second.

Hon. Rachel Nyamai.

Hon. Speaker, I second.

[(Question proposed)]

Put the Question!

I proceed to put the Question.

[(Question put and agreed to)]

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

Next Order.

(The Bill was read a Second Time and Committed to Committee of the whole House)

Next Order.

Thank you, Hon. Deputy Speaker. Pursuant to 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 security situation in Shebtakurrow area of Tarbaj Constituency. On 15th September 2024, an incident of insecurity occurred along the Wajir-Mandera Road in the Shebtakurrow area, between K…

I have exercised my discretion to allow the Member for Lafey to say something. Give him the microphone.

Thank you, Hon. Deputy Speaker for giving me this opportunity. I take this opportunity to thank Hon. Hussain, the Member for Tarbaj, for requesting for this Statement. I also have a concern. One owner of the said vehicle is from my constituency and the other one is from the neighbouring constituency of Mandera South. This incident happened in September this year. Up to date, the Member for Mandera…

have any response. We kindly request the Chairman of the Departmental Committee on Administration and Internal Affairs to give us a response before we go on recess.

I do not see the Chairman of the Departmental Committee on Administration and Internal Affairs. Majority Whip, I leave this to you. Probably, they can do what the Hon. Speaker directed yesterday for a similar case, that instead of writing a letter to the Ministry of Interior and Coordination of National Government, you should summon the Principal Secretary.

Thank you, Hon. Deputy Speaker. It may not be practical to get a response in two weeks owing to the fact that we are proceeding for recess and the East African Legislative Assembly (EALA) games are starting next week. The earliest possible we will respond appropriately when we resume.

I have directed that the relevant Committee summons the Principal Secretary to appear before them. This can be done in the course of next week, so that we can dispense with the matter before recess. They should not write a letter and wait for a response. I think waiting until February will be too long. The next Statement is by Hon. Machua Waithaka, the Member for Kiambu.

Hon. Deputy 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 Communication, Information and Innovation regarding the status of internet connectivity in ICT hubs within Kiambu Constituency. In June 2022, the Ministry of Information, Communications and the Digital Economy initiated a partnershi…

Hon. Ngusya, what is it?

Thank you, Hon. Deputy Speaker. The Statement by the Member has come at the right time. I hosted the Ministry of Information, Communications and Digital Economy in my constituency and I had invited the youth who use the ICT hubs, which have created employment opportunities. Shockingly, I learnt that only 110 constituencies have undertaken this initiative of establishing ICT hubs. One key concern w…

On this issue, the most efficient way given that we are going on recess is for the Committee to summons the Principal Secretary. He is the only one who can put pressure on Telkom Kenya. Do you agree, Member for Kiambu? So, I direct the Majority Whip to ensure that this happens. He does not seem to be taking notes. Yes, Hon. Mugambi.

Thank you, Hon. Deputy Speaker. This Statement is very important. His Excellency the President has been talking about ICT hubs, but the Ministry is letting him down, yet this is one of his flagship projects. There is a bit of disconnect between the constituency offices and the Ministry. As a matter of priority, they should bring a response because some of us will be implementing ICT hubs this long…

I agree and hope that the Majority Whip will ensure that the Departmental Committee on Information, Communication and Innovation convenes a meeting next week before we go on recess.

Hon. Deputy Speaker, for clarity, I take instructions and must oblige with the principle of adequate timeline for summons and responses. If the summons are served upon the Ministry of ICT and Digital Economy tomorrow, they will seek to appear before the Committee on Monday or Tuesday, next week. We will be proceeding on recess. How soon would they be required to make their report and have it table…

The logic behind the rule of giving them time to respond is because it can be a complex matter that requires them to seek information from another State Department. ICT is at the top of the Government agenda. I think it has been a subject of discussion among Members, and it has been put on their desks. It is something they must deliver. So, it will not take rocket science for the Ministry to respo…

Hon. Deputy Speaker, with the time limit we have before we go on recess, this is something that many of us have been following. I even discussed this with the Principal Secretary, who directed me to the person responsible. My ICT hub has been operational, but the problem is the internet, which has not worked. So, the Ministry needs to present a list of all constituencies with ICT hubs and indicate…

programmes. If the Cabinet Secretary comes to respond generally, it will not assist us. We have been following him. The principal secretaries just talk but are not doing anything. We call the people he directs us to, and they promise to do something, but they do not. It is very frustrating. I have spent money asking Safaricom to see if it can assist. Hon. Nguna agrees with me. Something has to be …

That is why I am saying this is a very urgent matter Whip of the Majority Party. I hope you take the sentiments of Hon. (Dr) Pukose, which must be in the letter summoning the Principal Secretary to explain the frustrations that Members of Parliament face. As I said, it does not require time. Let us move to the next one, Member for Nandi Hills, Hon. Bernard Kitur.

Thank you, Hon. Deputy Speaker. I wish to request a Statement from the Chairperson of the Departmental Committee on Health regarding the alarming rise of illegal organ harvesting, particularly kidney harvesting, in Eldoret City and its environs. In June 2024, a distressing case was reported to me by Mrs Leah Chepkorir regarding her 22-year-old son, Mr Ammon Kipruto Melly. According to the report,…

Chairperson of the Departmental Committee on Health, this is not an issue to ask the Ministry of Health. It is an issue to raise with the Directorate of Criminal Investigations (DCI) or the Inspector-General of Police (IG) . I took a family to report a similar incident at Langas Police Station less than three weeks ago. The Officer Commanding Police Station (OCS) confirmed that they have been inve…

Thank you, Hon. Deputy Speaker, for adding your voice. It is a very weighty matter the Committee will have to investigate. We will also look at the law. There is a lacuna in terms of the law as far as organ transplant is concerned. The Bill by the Kenya Tissue Transplant Authority came to this House, had issues, and was withdrawn. We currently have a Bill in our drafting office that is undergoing…

Hon. Pukose, as the Chairman of the Departmental Committee on Health, you can request the substantive Speaker to be allowed to sit during recess or, at least, convene your Committee. However, there are two aspects at play. The law is being developed, but there is also the fact that criminality has occurred. Offences have occurred in terms of illegal organ harvesting and trafficking. I know that H…

Thank you very much, Hon. Deputy Speaker. I want to support the Statement by the very active young Member of Parliament. I agree with you, Hon. Deputy Speaker, that this is not only a health matter but also a criminal issue. I am sure that Hon. (Dr) Pukose is equal to the challenge. This is happening not only in Kenya but also in the whole of Africa. Initially, it was about poverty, but now it is…

people lengthening their lives, and crime. It is a complicated matter, but I believe that Hon. Pukose can deal with it. Thank you for giving me a chance, Hon. Deputy Speaker.

Hon. Nyikal.

Thank you, Hon. Deputy Speaker. The matter before us is extremely important, and I applaud the Member for raising it. I support what the Chairman of our Committee indicated, that this is a criminal matter. It is also a professional matter; therefore, we must look at it. We will not only look at the police aspect but also the professional aspect because organ harvesting and trafficking require the …

Hon. Tongoyo.

Thank you, Hon. Deputy Speaker, for giving me an opportunity. The issue the Member for Nandi Hills raised is very serious, and it should be of great concern to Kenyans. I remember that in the last Parliament, a similar issue was reported in some of the dailies accusing the same facility. The country was going for elections around that time, so some people thought the issue had to do with politics.…

The next request for a Statement is by the Member for Changamwe, Hon. Omar Mwinyi.

Thank you, Hon. Deputy Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request a Statement from the Chairperson of the Departmental Committee on Labour regarding the grievances by employees of Ashton Apparel (EPZ) Ltd and Mombasa Apparel (EPZ) Limited. On 26th October 2023, I raised concerns in the House regarding the unfair labour treatment of Ashton Apparel (EPZ) Lt…

victimisation, denial of rights, and hindrance to exercising their freedom to join a union. Those actions not only violate their rights but also discourage the workers from voicing their concerns about issues affecting their welfare, safety, and fair treatment in the workplace, contrary to Article 41 of the Constitution. The persistent violation of workers' rights by the two companies calls for th…

Whip of the Majority, let me leave this matter to you. Please ensure they take appropriate action on this matter since I do not see the Chairperson for the Departmental Committee on Labour present.

Much obliged, Hon. Deputy Speaker. I hope that Hon. Mwinyi will understand the limited timelines that we have to dispense of this matter. Nonetheless, we commit to having it handled as soon as possible. Thank you very much.

The Statement by the Member for Kuresoi South, Hon. Joseph Tonui.

Hon. Deputy Speaker, I rise to request a Statement from the Chairman of the Departmental Committee on Labour regarding the Mistreatment and Unfair Dismissal of Employees at Kiptagich Tea Estate, located in Kuresoi South Constituency. Hon. Deputy Speaker, Kiptagich Tea Estate entered into a Collective Bargaining Agreement (CBA) in January 2023 for two years with 150 employees on permanent terms, u…

Hon. Deputy Speaker, it is against this background that I seek a statement from the Chairperson of the Departmental Committee on Labour and Social Welfare on the following:

Thank you. Again, this is still under the same Departmental

Much obliged.

Next Order.

THAT, Clause 2 of the Bill be amended in the proposed New Section 186G (1) by deleting the words, “The County Treasury” appearing immediately after the words, “Controller of Budget;” and substituting therefor the words, “The National Treasury”. This proposed amendment seeks to clarify the reports submitted to various entities by the Accounting Officer and the county government in case of a trans…

[(Question of the amendment proposed)]

out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to)

Hon. Temporary Chairlady, I beg to move that the new Clause 1A and 1B be now read a Second Time. These New Clauses came out of public participation. We have had county governments failing to remit statutory deductions to the respective entities like Pay as You Earn (PAYE) , National Social Security Fund (NSSF) , Taifa Care and pension deductions, which they have already deducted from the employee…

[(Question, that the new clause be read a Second Time, proposed)]

I thank the Chairman for bringing up this issue. This will cure and bring discipline in terms of the statutory remittance by the employers. Amendment of Section 94 of Cap 412A Amendment of Section 109 of Cap 412A

Many of our staff have been suffering. It is not just those here in Parliament but staff in other public institutions. They have been suffering because of institutions delaying remittance of statutory deductions: taxes, pension money, and social insurance schemes. I fully support. I very much thank the Chair for bringing such an important amendment Bill. Thank you. The Temporary Chairlady (Hon. …

This is a very important amendment because many organisations are very insensitive to the welfare of workers. We have even seen many people pass on. When they go to claim their final dues, they are told there were no submissions of statutory deductions. This amendment is very important because it will bring discipline. A county that is not responding on a monthly basis shows how unresponsive it is…

Thank you very much, Hon. Temporary Chairlady. I also join other Members who have spoken ahead of me in support of what the Chair of the Departmental Committee on Finance and National Planning has moved. It is important to realise that remittance of the statutory deductions is paramount. We have had challenge all along because of a lacuna in law. Thus, remittance of statutory deductions has alway…

[(Question, that new clause be read a Second Time, put and agreed to)]

[(Question, that new clause be added to the Bill, put and agreed to)]

Hon. Temporary Chairlady, I beg to move that the New Clause 1A be now read a Second Time. The justification of this clause is that there is need to increase the timeline for submission of the County Fiscal Strategy Paper to county assemblies. The amendment of the Public Finance Management Act of 2012 is quite paramount to increase the period for consideration of the Budget Policy Statement from 1…

[(Question, that the new clause be read a Second Time, proposed)]

Two very important documents inform the budget process of the national Government and county governments. The Budget Policy Statement is for the national Government and the County Fiscal Strategy Paper is for county governments. Current provisions in the Public Finance Management (PFM) Act provide only 14 days for consideration. Therefore, committees have to rush completing this process and submit…

I just want to support the Mover and the Chairperson for this very important proposal. Even us as Parliamentarians have been struggling to peruse these policy documents. I think it is very difficult to understand the policy statements if all are struggling most of the time. The extension by another seven days is very important so that we read, digest and integrate them in our plans. I support. Th…

Thank you. I also rise to support the amendment as moved by the Mover. We sometimes make mistakes when things are done in a hurry. Moving of timelines from 14 days to 21 days has much justification. That is so that anything done to the Budget Policy Statement can be done so well so that there is nothing that can bring problems in between.

I stand to support. This will be good for our county governments. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you. Just to inform the House, we are dealing with Section 117 of the Public Finance Management (PFM) Act. It focuses on the County Fiscal Strategy Paper. We will later come to the Budget Policy Statement (BPS) at another time. This concerns counties. We may proceed. (Questi…

THAT, the long title of the Bill be amended by inserting the words, “the two levels of government pursuant to” immediately after the word “between”. The justification of this amendment is to insert words which were omitted during the publication of the Bill. It is more of a cleanup. There is no interest in this. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : I call upon the Mover to move r…

[(Question of the amendment proposed)]

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

[(Long Title as amended agreed to)]

[(Clause 1 agreed to)]

Hon. Temporary Chairlady, I beg to move that the House reports its consideration of the Public Finance Management (Amendment) (No.3) Bill (National Assembly Bill No.44 of 2024) and its approval thereof with amendments. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Members, we are now going to move to the next Bill, the Public Finance Management (Amendment) (No.4) Bill (National Assemb…

[(Question proposed)]

[(Question put and agreed to)]

(National Assembly Bill No.45 of 2024) Clause 2 The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Chairman.

THAT, Clause 2 of the Bill be amended-

Hon. Temporary Chairlady, I support the amendment as proposed by the Hon. Chairman. Ambiguity in law raises challenges and sometimes leads to abuse. It is paramount to when we say “not later than five years from the date of coming into force of this Act”, and we leave it blankly without specifying the timelines, we allow people to abuse it or the Cabinet Secretary can even get up to 10 years. Thi…

Thank you Hon. Temporary Chairlady. I support the amendment by Hon. Chairman. In the same breath, it clarifies leaving no ambiguity and no room for doubts on the time duration. Thank you, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon, Kassim Tandaza, Member for Matuga.

Ahsante Mhe. Mwenyekiti wa Muda. Ninaunga mkono mabadiliko ambayo mstahiki Mwenyekiti wa Kamati anapendekeza. Kwa wakati wowote ambao unapeana wizara nafasi ambayo haijulikani mwanzo na mwisho ni lini, basi kawaida hao huchukua muda wao wakutekeleza na kuhakikisha hili jambo halifanyiki kwa muda unaofaa.

Ninaunga mkono hoja hii. Ahsante. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Ahsante. (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)

THAT, Clause 3 of the Bill be amended-

No, proceed. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : I do not see any further interest in this.

[(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)]

Hon. Temporary Chairlady, I beg to move that the New Clause 1A be now read a Second Time. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Do you want to explain before we give a chance to Hon. Chairman?

Hon. Temporary Chairlady, the justification in this Clause is that there is need to increase the timeline of submission of the county assembly Fiscal Strategy Paper to the county assemblies. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Chairman will have his time to explain, but now it is time for the Mover. We are moving well.

Hon. Temporary Chairlady, protect me from Hon. Johana Ng’eno. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Member for Emurua Dikirr, please be orderly. You may proceed, Whip of the Majority Party.

Hon. Temporary Chairlady, I had misplaced my notes. The amendment in the Public Finance Management (Amendment) (No.4) Bill, 2024 seeks to increase the period of consideration of the Budget Policy Statement (BPS) from 14 days to 21 days which is necessary to allow for comprehensive scrutiny of the proposals. One will not lose too much for waiting at least for another seven days for people to scruti…

[(Question, that the new clause be read a Second Time, proposed)]

Hon. Temporary Chairlady, Members are wondering why we have two Public Finance Management (Amendment) Bills separately. The Public Finance Management (Amendment) (No.3) Bill that we just passed includes county

functions. That is why we said that when you transfer funds, they must be accompanied by a transfer of funds. That is the reason we moved an amendment to increase the time for the County Fiscal Paper. The Public Finance Management (Amendment) (No.4) Bill deals with the debt anchor. Because it does not concern counties, it will not be taken to the Senate. The first Bill will obviously be transmitt…

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Public Finance Management Amendment (No.4) Bill (National Assembly No.45 of 2024) and approved the same with amendments.

[(Question proposed)]

[(Question put and agreed)]

We will begin with the Public Finance Management (Amendment) (No.3) Bill (National Assembly Bill No.44 of 2024) .

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Public Finance Management (Amendment) (No.3) Bill (National Assembly Bill No.44 of 2024) and approved the same with amendments.

Mover

Hon. Temporary Speaker, I would like to thank the Members for their good contributions to the Bill. The clarifications they sought helped us to understand the Bill much better. I appreciate the remarks by Hon. Mayaka (CPA). I wish to notify you that the recognition of virtual and digital assets as legal tender in this Republic is a discussion that the Departmental Committee on Finance and National…

Thank you, Hon. Temporary Speaker. I second.

[(Question proposed)]

Hon. Members, we shall postpone putting of the Question to the next Session. We now proceed to the Public Finance Management (Amendment No.4) (National Assembly Bill No.45 of 2024) .

[(Putting of the Question deferred)]

Thank you, Hon. Temporary Speaker. I beg to report that the Committee of the whole House has considered the Public Finance Management (Amendment No.4) Bill, (National Assembly Bill No.45 of 2024) and approved the same with amendments. Thank you.

Mover.

Hon. Temporary Speaker, I beg to move that Public Finance Management No.3 (National Assembly Bill No.44 of 2024) be read a Third Time, and I request Hon. Josses Lelmengit...

Order! You may take that again. Clerks-at-the-Table, give him the requisite notes for his use.

Thank you, Hon. Temporary Speaker, and sorry for that. I beg to move that this House do agree with the Committee on the said Report, and I request Hon. Josses Member for Emgwen to second the Motion for agreement with the Report of the Committee of the whole House.

Hon. Temporary Speaker, I second. Thank you.

[(Question proposed)]

Again, Hon. Members, we postpone putting of the Question to the next Session. Finally, let us deal with the Public Procurement and Assets Disposal Amendment Bill, (National Assembly Bill No.48 of 2024) . Hon. Chairman, proceed.

[(Putting of the Question deferred)]

Thank you, Hon Temporary Speaker. I beg to report that the Committee of the whole House has considered the Public Procurement and Assets Disposal (Amendment) Bill (National Assembly Bill No.48 of 2024) , and its approval thereof with amendments. Thank you.

Mover.

Hon. Temporary Speaker, again, I want to thank the Committee for the great discussion that we had yesterday during the Second Reading and the great insights that you have given and enriched this Bill on ensuring that procurement in this country benefits Kenyans, and that it can be used as a tool of economic development, making sure that we seal all the loopholes that are used by scrupulous contrac…

Is she in the House?

[(Hon. Naisula Lesuuda spoke off the record)]

Be on record, please. Is there a microphone near you? There is one. Proceed.

I strongly second.

Hon. Members, we shall postpone the putting of the Question to the next Session. Next Order.

[(Putting of the Question deferred)]