National Assembly · Afternoon Sitting

Thursday, 28 September 2023

Session Summary

The House considered and moved to adopt reports from the Ad hoc Committee on Worldcoin and the Public Debt and Privatisation Committee. Members raised motions urging regulation of artificial intelligence and policies to ensure inclusive digital access as Kenya advances its Digital Master Plan. A request was also made for a statement on the recent abductions of two businessmen from Bura and Garsen constituencies. Members expressed confusion over a motion to amend Articles 50(a) and 56 of the Chicago Convention, noting they had not been given sufficient details. Several members moved to adjourn the debate under Standing Orders, and the Temporary Speaker deferred the question, resulting in procedural interruptions. The session highlighted concerns about transparency of motion content and adherence to parliamentary procedure. The session featured procedural exchanges, including the withdrawal of a statement and several points of order, before focusing on the allocation of funds for rural road maintenance and criticism of the Commission on Revenue Allocation’s role. Hon. George Kariuki highlighted improvements in road infrastructure and urged protection of these resources, while the House moved to adopt reports and ratify the East African Community aircraft accident investigation agreement and amendments to the Chicago Convention. The debate concluded with motions being proposed, seconded, and deferred as per parliamentary procedure.

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Hon. Speaker

Serjeant-at-Arms, you may continue ringing the Quorum Bell. Hon. Members, we now have quorum to transact business. Clerk-at-the-Table.

[(The Quorum Bell was rung)]

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Hon. Speaker

Hon. Members, take your seats. Hon. Members, I have a short Communication to make.

[(Several Members walked into the Chamber)]

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Hon. Speaker

Hon. Members, as you may be aware, the Statute Law (Miscellaneous Amendments) Bill, (National Assembly Bill No.60 of 2022) was published vide Kenya Gazette Supplement No.199 of 22nd November 2022 to effect various amendments to 58 Statutes. The Bill, which is sponsored by the Leader of the Majority Party, was read a First Time on 8th December 2022. It was thereafter referred to various Departmenta…

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Hon. Speaker

Hon. Members take the nearest seat. Hon. Wamboka, what does nearest mean?

[(Laughter)]

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Hon. Speaker

Hon. Members, we have a Message from the Senate on the approval of a nominee for appointment as the Chairperson of the Board of the Central Bank of Kenya (CBK) . Pursuant to the provisions of Standing Order 41 (4) relating to Messages to and from the Senate, I wish to report to the House that on 25th September 2023, I received a Message from the Senate regarding approval of a nominee for appointm…

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Hon. Speaker

of the Board of Governors of the CBK, following which I conveyed the resolution to the Senate for concurrence. In this regard, Hon. Members, the approval by the Senate of the said nominee concludes the bicameral consideration of the appointment as contemplated in Section 11(2) of the Central Bank of Kenya Act, CAP 491. The resolutions of the Houses of Parliament on approval of the nominee have si…

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Hon. Speaker

Chairperson of the Public Debt and Privatisation Committee, Hon. Shurie.

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Hon. Abdi Shurie (Balambala, JP)

Thank you Hon. Speaker. I beg to lay the following Paper on the Table: Report of the Public Debt and Privatisation Committee on its consideration of loans contracted by the national Government between May 2022 and April 2023.

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Hon. Speaker

Next Order!

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Hon. Speaker

The Chairperson of the Ad hoc Committee, Hon Tongoyo.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Ad hoc Committee on the inquiry into the activities and operations of Worldcoin in Kenya, laid on the Table of the House on Thursday, 28th September 2023.

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Hon. Speaker

Hon. Shurie.

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Hon. Abdi Shurie (Balambala, JP)

Hon. Speaker. I beg to give notice of the following Motion: THAT, this House adopts the Report of the Public Debt and Privatization

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Hon. Speaker

Hon. Marianne Kitany.

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Hon. Marianne Kitany (Aldai, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that, the world is rapidly embracing Artificial Intelligence (AI) which is the use of digital computer or computer controlled robots to perform tasks commonly associated with intelligent things; acknowledging that the 2022 Government Artificial Readiness Index reported that Kenya ranked 5th in Africa and 90th globally in read…

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Hon. Speaker

You have a second notice of Motion.

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Hon. Marianne Kitany (Aldai, UDA)

Yes.

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Hon. Speaker

Go ahead.

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Hon. Marianne Kitany (Aldai, UDA)

Thank you Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that, the Government of Kenya has prioritised digitisation and automation of Government processes and services as part of the Kenya

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Hon. Marianne Kitany (Aldai, UDA)

National Digital Master Plan 2022-2032, the blue print for leveraging and deepening the contribution of Information and Communication Technology (ICT) to accelerate the country’s economic growth; further aware that the Government is committed to considering the industrial academic institutions and other innovations to coexist in emerging technologies to create high quality jobs that leverage on ar…

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Hon. Speaker

Next Order!

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Hon. Yakub Adow (Bura, UPIA)

Hon. Speaker, pursuant to Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Administration and National Security regarding the disappearance of two people from Bura and Garsen constituencies. On 26th September 2023, Mr. Isak Roble Somani of ID No.21447264 was abducted by unknown persons while on his way from Bura to Nairobi at Mwin…

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Hon. Yakub Adow (Bura, UPIA)

It is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Administration and National Security on the following —

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Hon. Speaker

Woman Representative of Tana River County, I will give you two minutes.

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Hon. Amina Dika (Tana River County, KANU)

Thank you, Hon. Speaker. I support the Statement request made by Hon. Yakub Adow. The families of Mr. Isak Roble and Noor Mohamed are in distress since their abduction. Mr. Isak’s mother is a 90-year old woman who has been admitted to hospital since his disappearance. We would like the security agencies to give us the reason as to why up to now we do not know the whereabouts of both of them. We wa…

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Hon. Speaker

Chairman of the Departmental Committee on Administration and National Security, make your inquiry and bring a response next week on Thursday.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Thank you, Hon. Speaker. Next week on Thursday is okay. Hopefully, if the lost individuals will be found between now and then, that will be better for us.

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Hon. Speaker

He did not say they are lost. He said they were abducted.

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Hon. Gabriel Tongoyo (Narok West, UDA)

They have gone missing?

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Hon. Speaker

Yes.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Nevertheless, Hon. Speaker, I really feel the agony and the pain their families are going through. We are really sorry for that. I will follow up and give a response on Thursday, next week. Thank you.

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Hon. Speaker

Hon. Ruweida Obo.

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Hon. Ruweida Mohamed (Lamu East, JP)

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 Environment, Forestry and Mining regarding hazardous spillage caused by Zarara Oil and Gas Company in Pate Island, Lamu. The National Environmental Management Authority (NEMA) cleared Zarara Oil and Gas Ltd. for well drilling operations in…

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Hon. Ruweida Mohamed (Lamu East, JP)

plants. The continuous spillage has also caused health problems for members of the community and may lead to long-term chronic illnesses. It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Environment, Forestry and Mining on the following–

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Hon. Speaker

Where is the Chairperson of the Departmental Committee on Environment and Natural Resources? Deputy Leader of the Majority Party, who is the Chairperson? It is Hon. Gikaria? Hon. Gikaria is always here. Relay the information to him to bring the Statement in two weeks’ time. Hon. Members, before we call the Leader of the Majority Party, allow me to recognise the following schools in the Speaker’s…

[(Hon. Owen Baya spoke off the record)]

[(Applause)]

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Hon. Owen Baya (Kilifi North UDA)

Thank you, Hon. Speaker. This is the usual Statement of the Leader of the Majority Party on Thursdays. On behalf of the House and the leadership of the House, I would like to welcome all the schools that have visited Parliament today. They are welcome to the Houses of Parliament. We are happy and glad to have them around. As they go back to their schools, they should always remember to work hard …

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Hon. Speaker

Go ahead with your Statement.

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Hon. Owen Baya (Kilifi North UDA)

Hon. 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 that met on Tuesday, 26th September 2023, to prioritise business for consideration during the week.

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Hon. Owen Baya (Kilifi North UDA)

Hon. Speaker, I wish to officially welcome Members back from the long recess. I hope we have all come back invigorated in readiness to perform our roles for the remainder of this part of the Session, which is off to a very busy start. The House awaits reports on various items of business. I urge committees to expedite and finalise their reports on Bills, treaties, inquiries, statements and petitio…

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Hon. Gladys Boss (Uasin Gishu County, UDA)

What is Velo?

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Deputy Speaker is asking me what Velo is. I know what it is. It is a dangerous substance that is being sold alongside cigarettes in shops. It borders between cannabis and something else. It is sold freely.

[(Laughter)]

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Hon. Speaker

Thank you, Deputy Leader of the Majority Party. Hon. Oundo.

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

Hon. Speaker, I have listened to the Statement by the Deputy Leader of the Majority Party and I just want to raise a point of concern. I drafted a Question and submitted it. Hon. Deputy Leader of the Majority Party, I hope you are listening. I drafted a Question for the attention of the Cabinet Secretary for Roads, Transport and Public Works on 25th July. We have been waiting for the response, but…

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Hon. Speaker

Deputy Leader of the Majority Party, you can follow up that one. Hon. Members, allow me to also acknowledge, in the Public Gallery Survey Secondary School from Laikipia North Constituency, Laikipia County. On my behalf and that of the House, I welcome the students and their teachers to the House of Parliament. Next Order.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

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Hon. George Kariuki (Ndia, UDA)

Thank you, Hon. Temporary Speaker. I beg to move: THAT, this House adopts the Report of the Departmental Committee on Transport and Infrastructure on its consideration of the East African Community (EAC) Multilateral Agreement on Aircrafts Accidents and Incident Investigations, laid on the Table of the House on Thursday, 17th August 2023 and, pursuant to the provisions of section 8 (4) of the Trea…

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Sorry, Hon. Chairperson. Hon.

[(Applause)]

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Hon. George Kariuki (Ndia, UDA)

Hon. Temporary Speaker, I request that you stand down this Motion until next week. Thank you.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Thank you very much, Hon. Chairperson. That request has been acceded to. Next Order!

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Hon. George Kariuki (Ndia, UDA)

Hon. Temporary Speaker, I beg to move and ask Hon. Kiragu to second the Motion.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Chairperson, you may proceed.

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Hon. George Kariuki (Ndia, UDA)

Thank you Hon. Temporary Speaker. I beg to move: THAT, this House adopts the Report of the Departmental Committee on Transport and Infrastructure on its consideration of the protocols relating to amendments to Article 50 (a) and 56 to the Convention on International Civil Aviation 1944 (Chicago Convention) , laid on the Table of the House on Thursday, 17th August 2023 and, pursuant to the provisi…

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Kiragu.

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Hon. (Eng.) John Kiragu (Limuru, UDA)

Hon. Temporary Speaker, I second.

[(Question proposed)]

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Member for Kathiani, Hon. Mbui.

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Hon. Robert Mbui (Kathiani, WDM)

Thank you, Hon. Temporary Speaker. I rise to query the Chairman of this Committee. He has clearly indicated to us what the Motion is. Whenever a Chairperson is moving any Motion or Bill, it is important that he points out what it is about, and what it deals with and after that, Members can continue to debate. He has just read out what is in the Order Paper and called someone to second. Members o…

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Hon. Owen Baya (Kilifi North, UDA)

On a point of order, Hon. Temporary Speaker.

[(Hon. Temporary Speaker consulted the Clerks-at-the-Table)]

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Owen Baya.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Temporary Speaker, I rise under Standing Order 96 that we adjourn the debate on this Motion and give it another time so that we can debate it. It is an important Report that we, as Parliament, need to debate. Therefore, I beg your indulgence that we adjourn the debate on this Motion under Standing Order 96. Thank you, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Thank you very much, Hon. Owen Baya. That request is acceded to.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Kiplagat, you are completely out of order. While you were outside, we concluded that Motion. I appreciate that you have spoken.

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Hon. David Kiplagat (Soy, UDA)

I was misadvised. Thank you.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

You are out of order. The Motion that you are talking about was concluded. Hon. Members, there being no interest to contribute, I call upon the Mover to reply. Hon. Owen Baya.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Temporary Speaker, this puts me in a very awkward position. However, as Deputy Leader of the Majority Party, I reply. I request Hon. Mbui to second.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Owen Baya, you do not need a seconder.

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Hon. Owen Baya (Kilifi North, UDA)

I reply, Hon. Temporary Speaker.

[(Laughter)]

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon Members, for some reason, I will not put the Question. It will be deferred to another sitting, as it will be scheduled by the House Business Committee (HBC) . Next Order.

[(Putting of the Question deferred)]

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Investments in Cytonn High Yields Solutions Platform, laid on the Table of the House on Thursday, 4th May 2023.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Chairperson, Public Petitions Committee. Hon. Owen Baya, I can see that you have an intervention.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Temporary Speaker, I cannot see the Chairperson of the Public Petitions Committee in the House. I request that you allow me to adjourn debate on this Motion under Standing Order 96, so that it can be re-scheduled to another time.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Members, that request is hereby acceded to. Before we go to the next Order, I see several points of orders. Hon. Alice Ng’ang’a, the Member for Thika Town.

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Hon. Alice Ng’ang’a (Thika Town, UDA)

Sorry, Hon. Temporary Speaker. I had placed the intervention earlier on. I withdraw.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. John Kawanjiku, the Member for Kiambaa.

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Hon. Njuguna Kawanjiku (Kiambaa, UDA)

Sorry, Hon. Temporary Speaker. I wanted to contribute to the Inter-Parliamentary Union (IPU) Motion, but the Deputy Leader of the Majority Party has decided to defer it to a later date. I am one of the Members who went to Bahrain.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Johana Ng’eno, the Member for Emurua Dikirr.

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Hon. Johana Kipyegon (Emurua Dikirr, UDA)

Thank you, Hon. Temporary Speaker. I rise concerning Motion No.10 on the Probable Loss of Investments in Cytonn High Yields Solutions Platform. We need to have a serious discussion on this. Most matters which particular committees can scrutinise end up in one Committee - the Public Petitions Committee - which, in the end, may lack the capacity to address them. A few months ago, an issue concernin…

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Hon. Member

On a point of order.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

What is out of order? Hon. Members, before I encourage other points of order on this subject, I would like to comment on that. The matter raised by Hon. Johana is serious. I hope the House Leadership will take it up. I do not have any further comment on it at the moment. Hon. Omboko Milemba, what is out of order?

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Hon. Omboko Milemba (Emuhaya, ANC)

Thank you, Hon. Temporary Speaker for giving me this chance. Nothing is really out of order. The House Leadership must call its people to order. The Cytonn Report, which has been deferred, now risks being completely dropped

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Hon. Omboko Milemba (Emuhaya, ANC)

and yet, it is a real menace to the people who invested in it. Now that it is on the Floor of the House, the leadership of the Public Petitions Committee is absent. If we are to follow the Mombasa protocol, you should sound a warning bell to the leaders and chairpersons of committees. This is how we lose business that otherwise belongs to the people. Thank you.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Members, as I said, I would like that matter to be taken up by the House leadership. I discourage you from discussing it further. It is not on the business scheduled for today. I appreciate the comments that have been made. I will pass this information to the House leadership to handle it. I order that that debate on the Chairperson of committees and matters petitions to stop. This is a matte…

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Hon. David Kiplagat (Soy, UDA)

Hon. Temporary Speaker, I have a burning issue.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

I hope it is not about chairpersons of committees or petitions.

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Hon. David Kiplagat (Soy, UDA)

No. I am rising on Standing Order No.95. Reading the mood of the House and the disorganisation on the Leadership part, we need to establish whether we have a Quorum to transact any business.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Members, I direct that the Bell be rung for 10 minutes Hon. Members, the rules do not allow you to walk out when the Quorum Bell is being rung. You should stay in the Chamber. Hon. Members, I order that we stay in the House because the Bell is still being rung. It is also important for us to learn the House rules.

[(The Quorum Bell was rung)]

[(Several Members walked out of the Chamber)]

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Members, we were not able to raise Quorum to do business as per Standing Order 35. Hon. Members the time being 5:17 p.m., this House stands adjourned until Tuesday, 3rd October 2023 at 2:30 p.m. The House rose at 5:17 p.m.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

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