National Assembly · Afternoon Sitting

Hon. Members, Article 119 of the Constitution accords any person the right to petition Parliament to consider any matter within its authority. Further, Standing Order 225 (2) (b) requires the Speaker to report to the House any Petition other than those presented by a Member. In this regard, Hon. Members, I wish to report to the House that my Office has received a Petition from Hon. Boniface Gatob…

[(No.14 of 2019)]

[(No.7 of 1999)]

[(No.9 of 1993)]

[(Applause)]

Thank you, Hon. Deputy Speaker for giving me this chance to welcome students of Rukanga Secondary School to this Honorable House. After touring this House, I hope that you will work hard in your studies and aspire to return to this House as Members of Parliament in the near future. I wish you success in your studies, the best in every move that you will make in your lives, and a safe journey back …

[(Applause)]

Hon. Moses Kirima.

Thank you, Hon. Deputy Speaker. First and foremost, I would like to take this opportunity to welcome the students from Kinjo Girls’ Secondary School to the National Assembly, and at the same time inform this Honorable Assembly that Kinjo Girls’ is one of the best Girls’ School in Central Imenti. It is a good school which has been doing well in the constituency, and has made the people of Central I…

I will allow one last person, Hon. Dorothy Ikiara, Nominated Member. I know that is your home village.

Thank you, Hon. Deputy Speaker. I wish to join the Member for Central Imenti, Hon. Moses Kirima, and all Members seated here this afternoon to welcome the students from Kinjo Girls, which is a prestigious school in Central Imenti Constituency. All the students in the Chamber this afternoon, in both the Speaker's and Public Galleries, should feel that they are in a House of honour. We want to take …

Yes, I also welcome the students to the august House. Hon. Deputy Speaker, the Petition that you have just read has been signed off by Hon. Gatobu, who was once a Member here. We served with him in the 11th Parliament. If I am not wrong, he used to be the Member for Buuri. He has since been very active in SHOFCO, an organisation which is well known, especially to urban dwellers who live in informa…

Thank you, Hon. Speaker. I wish to join my colleague, the Leader of the Minority Party, in saying that indeed the Petition is timely but I would want to support it with some proposals. As the Committee looks into it, let it not just look at the issues of raising revenues of the NIB alone. The NIB alone might not be good enough to offer the kind of irrigation schemes that might be required in the w…

Thank you, Hon. Deputy Speaker. In principle, I support the Petition but vehemently oppose the mode proposed by Hon. Gatobu, who is a former Member of this House. In his Petition, he is proposing the unthinkable, just like governors imagined just a few weeks ago and proposed to change the Road Maintenance Levy Fund to an infrastructure maintenance levy fund. The proposal that we take money collect…

through public private partnerships (PPP). I urge the Public Petitions Committee or whichever Committee you will designate this petition to consider the Kenya Kwanza manifesto proposal on PPP in the funding of huge infrastructural developments in irrigation. We must tell everybody, from governors to Hon. Gatobu and any other person with the imagination or the thought that they can touch the Road …

[(Applause)]

To do what? Oh, you did not request.

No, the Leader of the Majority Party has cleared everything. I do not support that Petition. No one should touch such funds. Some of us do not have farms. As much as I am not a representative of a constituency, I have to protect my colleagues. The funds that are meant to be used on roads should remain there. Thank you, Hon. Deputy Speaker. Okay, we can move to the next order. We will have a chanc…

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

Hon. Speaker, I beg to lay the following Papers on the Table: Reports of the Departmental Committee on Transport and Infrastructure on:

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Public Debt and Privatisation Committee on its Consideration of the 2024 Medium-Term Debt Management Strategy Thank you, Hon. Deputy Speaker.

Next order.

Chairperson of the Public Debt and Privatisation Committee.

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

Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, aware that the Fertiliser and Animal Foodstuff Act, 2015 provides for the regulation of fertiliser importation in the country; further aware that, the Fertilizer and Animal Foodstuffs Board regulates the fertiliser and animal foodstuffs industry including the manufacture and production of fertilisers; noting that, the countr…

Hon. Deputy 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 Finance and National Planning regarding delays in establishing the Board of Trustees of the Public Service Superannuation Scheme. The Scheme is established by the Public Service Superannuation Scheme Act, 2012. It is operated and ma…

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 Administration and National Security regarding the delayed release of the autopsy report of the late Inspector Walter Nyankieya Nyamato (Service No.2008070300) , who was found dead in his hotel room in Washington DC, United State of …

Thank you very much, Hon. Deputy Speaker, for indulging me. The Statement that has been sought by the very able Member for Kitutu Masaba, my good friend, Clive Gisairo, raises a number of very weighty issues.

to have died in Washington DC. Since his death, there have been conflicting statements. A statement from the police was suggesting that this officer had gone for some training in the USA but the family of the deceased officer was categorical that he was part of a mission that had been sent to Haiti. The family is now helpless. Four weeks down the road, they have not been told what killed their kin…

[[The Deputy Speaker (Hon. Gladys Boss) left the Chair] [The Temporary Speaker (Hon. Omboko Milemba) took the Chair]]

On a point of order, Hon. Temporary Speaker.

Hon. Member, what is your point of order? Leader of the Minority Party, just take your seat. There is a point of order.

I rise under Standing Order 1. Ordinarily, this House does not entertain comments on statements because there is the risk of preempting the answers we are likely to get. It also leads one towards making political statements that may be unsubstantiated. The practice of the House is that once a statement is requested for, a response is given and after that one can comment. The direction that the Lea…

Thank you for that intervention. Leader of Minority Party, it was expected that you would make a very short comment on this matter. Ordinarily, as he has put it, we do not debate requests for Statements. Please, conclude.

I was indulged in a special way by the Deputy Speaker. Hon. Murugara, relax. According to Chinua Achebe, when dry bones are mentioned, old women feel jittery. Hon. Murugara, what is itching you when a son of the Omugusii is dead? He died in the USA and nobody is telling the family what killed him or what took him there.

You need to conclude so that we do not encourage debate on this matter.

Thank you, Hon. Temporary Speaker.

On a point of order, Hon. Temporary Speaker.

Leader of Majority Party?

Hon. Temporary Speaker, we are a House of record. I just took the liberty to have a glimpse of the statement sought by Hon. Clive. I want to agree with Hon. Murugara that, indeed, we should not take advantage of such an unfortunate incident as the passing on of an officer who has diligently served our country, and a father to a very young family. This officer was only about 38 years old. He served…

The Leader of the Majority Party is on a point of order.

If you read the Statement by Hon. Clive, and I want to believe the late Walter Nyamato was his constituent, it did not have the decency to convey condolences to the family of the late Walter Nyamato. Let me take this opportunity, on behalf of the National Assembly and the great people of Kenya who were being served by Officer Walter Nyamato, to express our heartfelt and sincere condolences to his …

Hon. Leader of the Majority Party, you will have to conclude in a short while, but I will still give you the microphone so that we do not exacerbate debate on this Statement. Proceed for one minute.

Thank you, Hon. Temporary Speaker. I was saying that the Statement averred that the National Police Service dispatched officers, including the late Inspector Walter Yamato, to the Republic of Haiti despite a High Court order. The person seeking the Statement, Hon. Clive, knows for a fact, just like the Leader of the Minority Party, that this officer’s unfortunate death happened in his hotel room i…

He is on a point of order.

So, Hon. Temporary Speaker, I just wanted you to direct that the Leader of the Minority Party and Hon. Clive must not take advantage of the unfortunate passing on of a diligent and committed patriotic officer of our country to play very cheap politics and dance on the grave of a dead officer. It is unfortunate and sad.

Very well. Like the substantive Speaker would put it, let the chips lie where they fell. Therefore, that Statement be directed to the relevant committee and we shall have a chance to speak on it when it is back to the House.

Thank you, Hon. Temporary Speaker. Pursuant to the provisions of Standing Order 44 (2) ...

[(Loud consultations)]

Order, students of Alliance.

[(Laughter)]

Thank you. Pursuant to the provisions of Standing Order 44 (2) (C) , I wish to request for a statement from the Chairperson of the Department of Committee on Trade, Industry and Cooperatives regarding the delay in remunerating dairy and coffee farmers in Embu County. Hon. Temporary Speaker, it is regrettable to note that for two consecutive harvest seasons, farmers have diligently delivered their…

Very well, the Statement is referred to the Committee on Trade, Industry and Cooperatives. The next Statement is from Hon. Melly, Chairperson of the Committee on Education.

Thank you, Hon. Temporary Speaker. I rise to respond to a question which was raised by Hon. Oundo. The substantive Speaker directed yesterday that this response be brought up this afternoon because it is a matter of national concern. I also want to point out that the Cabinet Secretary was in the House yesterday and he discussed some of the issues bedevilling the e-Citizen payment affecting the KUC…

Hon. Chairman, I am told your Statement is very long and I cannot see Hon. (Dr) Oundo in the House. Paraphrase it as much as possible.

Yes, I will paraphrase it. Hon. Temporary Speaker, the gist of the matter is that there has been a crisis, especially among students. They are not having a smooth application flow in programmes and payments to the KUCCPS platform. The Cabinet Secretary wish to report that KUCCPS successfully integrated the Government payment gateway into its placement system, the eCitizen platform. It is supporte…

Thank you for bringing the Statement to the House on time. Yes, Hon. Member. Do you want to weigh in on this? You have the microphone.

Thank you, Hon. Temporary Speaker. I want to thank the Chairman of the Departmental Committee on Education for that Statement on challenges the students are undergoing in terms of applying for university allocations through KUCCPS. My only problem as an expert in ICT, with over 15 years of experience dealing with online application is that it is not normal in this era and age of digital technolog…

tell our students to apply without any challenges. The system should be seamless.

Hon. K.J.

Thank you very much, Hon. Temporary Speaker. I appreciate this opportunity. First, I want to appreciate Hon. Melly and the Departmental Committee on Education for expeditiously answering to an issue that is of national concern. We have to identify the two issues here. One, that squarely falls on the administration in the Ministry and the second one, that is purely a systems issue that has to do …

I think we can conclude on this and move to the next Statement by the Chairperson of the Departmental Committee on Transport and Infrastructure, you have a response to a request for Statement by the Member for Kajiado North.

Thank you, Hon. Temporary Speaker. On Thursday, 7th December 2023…

Is the Member in the House?

Yes, he is.

Very well. Proceed.

On Thursday, 7th December 2023, the Member for Kajiado North, Hon. Onesmus Ngogoyo, requested for a Statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding the status of launched road projects in Kajiado North Constituency. Just to give a background of the matter, in the request, Hon. Ngogoyo indicated that on 23rd April 2023, His Excellency the Pres…

Very well. Before we get a rebut from the Member of Parliament for Kajiado North, let me welcome Hon. Captain Ruweida to welcome the students of Mt. Kenya University if they are still in the House.

Asante sana, Mheshimiwa Spika wa Muda, kwa kunipatia nafasi hii ili nikaribishe wanafunzi wa Chuo Kikuu cha Mt. Kenya, Parklands Law Campus. Wamekuja na kiongozi wao, Bw. Swabir, ambaye ni mwanafunzi kutoka Lamu Mashariki. Watu wanasema watu wa eneo la Lamu Mashariki hawasomi. Hata hivyo, watu wamesoma, ingawa si wengi. Ninachukua nafasi hii niwaambie wanafunzi wa Lamu Mashariki kwamba watu wamek…

Asante sana.

North.

Thank you, Hon. Temporary Speaker. While I appreciate the answer from the Chairman of the Departmental Committee on Transport and Infrastructure and the answer from the Cabinet Secretary, I have two issues to raise after this. The works quoted, and the percentage are correct. I would wish the Chair of the Departmental Committee on Transport and Infrastructure to note this in a very serious way.

Hon. Chairman of the Departmental Committee on Transport and Infrastructure, order. A Member is insisting that you listen to what he has to say. Thank you. Proceed.

I want the Hon. Chairman of the Departmental Committee on Transport and Infrastructure to note that the road has not stalled on all parts because of payments. The Standard Gauge Railway (SGR) passes through our constituency through a gazetted forest. They committed to rebuilding the area not built by the KeRRA. They thus went ahead to compensate the Kenya Forest Service. They have already done it.…

Very well. There being no other interest in that matter, I call upon the Chairman to only speak on two issues. One, do you have the exact date for the resumption of work on those roads? That is what the Hon. Member has said. Secondly, respond to the matter concerning assessment.

Thank you, Hon. Temporary Speaker. I do not have the exact date. We will, however, liaise with the ministry and support the Hon. Member to get an exact date when the contractor will resume work. Thank you.

Very well. Hon. Member, liaise with the Chairman to get the exact date. In the event you do not get it, report to the House accordingly. Next is the Leader of the Majority Party, on his usual Thursday Statement.

Thank you, Hon. Temporary 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, which met on Tuesday, 27th February 2024, to prioritise business for consideration during the week. With regard to business scheduled for Tuesday next week, the House is expected to consider the following Bills at Second Rea…

Before we move to the next order, let me acknowledge the presence of Sabasaba Secondary School, Maragua Constituency, Murang'a County, in the House. Do we have any Hon. Members from Murang'a County to welcome the students? Proceed.

Thank you, Hon. Temporary Speaker. I take this opportunity to welcome the students from Sabasaba Secondary School. The area Member of Parliament is engaged in an activity in the constituency. I wish to tell them that they can also become Members of Parliament. It is one of the schools that are doing very well in Murang'a County. I encourage them to learn and aim higher. Thank you, Hon. Temporary …

Very Well, next order.

Proceed, Hon. Kemei.

Hon. Temporary Speaker, I rise on behalf of the Chairperson of the Departmental Committee on Environment, Forestry and Mining, and Members who wish that this Bill be deferred to a later date.

Fair enough. Granted. Order No.9 is also deferred to a later date. We now move on to Order No.10.

On a point of order, Hon. Temporary Speaker.

What is your point of order, Hon. Oundo?

Hon. Temporary Speaker, for neatness and for record purposes, and because Parliament is a House of records, the author or the Mover of the Bill is Hon. Kimani Ichung’wah, the Leader of the Majority Party. Unless my honourable colleague is seeking deferment on behalf…

She did not move the Bill.

If she is seeking deferment on behalf of the Mover…

That is the communication.

We need it on record for purposes of neatness.

Fair enough. Next Order!

Where is the Leader of the Majority Party to move this Bill? Do we have any communication from him? Yes, Hon. Murugara, the Chairperson of the Departmental Committee on Justice and Legal Affairs. Hon. Temporary Speaker, could we kindly step this Bill down because the Leader of the Majority Party is not in the House to move it? We have other business ahead which we are ready to transact.

So, your request is that we defer it to another date? My request is that we defer it to a later date.

Granted. This Bill is also deferred. Next Order!

Hon. Temporary Speaker, I beg to move that the Petitions to Parliament (Procedure) (Amendment) Bill (National Assembly Bill No.51 of

Thank you very much. I beg to second the Second Reading of the Petitions to Parliament (Procedure) (Amendment) Bill (National Assembly Bill No.51 of 2022) . I fully associate with the debate and expressions of the Mover, Hon. Ochieng’, and state that it is important that we look at this Act given the constant amendments we have made to our Standing Orders as regards public petitions. We now have a…

issues to Parliament. While Members of Parliament have avenues including Questions, Motions, Request for Statements, Bills among others modes, members of the public come to Parliament through public petitions. Therefore, it is important, as a House, we streamline the procedure of bringing those petitions here and also emphasise that petitions must be dealt with expeditiously so that citizens can g…

Hon. Kihungi Peter, proceed. Hon. Peter Kihungi (Kangema, UDA) Thank you, Hon. Temporary Speaker. I stand to support the Amendment by the Committee. There has been an outcry in Parliament mostly from petitioners whose petitions have been lying at the Public Petitions Committee. This is a wise way where the Committee in charge can assist the Public Petitions Committee by managing the petitions whi…

Hon. (Dr) Oundo Wilberforce. Thank you Hon. Temporary Speaker for giving me this opportunity to also lend a word on the Petitions to Parliament (Procedure) (Amendment) Bill (National Assembly No.51 of 2022) . As the Mover has eloquently put it, Kenyans come to Parliament as an avenue for the last resort. The substantive Speaker made the same sentiments yesterday. They want answers, solutions to t…

develop the mode and type of evidence that needs to be presented here. Let me give a typical scenario. You can be denied access, for example, if there is an issue in any area, whoever is petitioned against can deny access so that there is no evidence at all that you ever submitted that petition. Because it is a constitutional requirement, we should not make it onerous, cumbersome and difficult to …

Member for West Mugirango.

Thank you, Hon. Temporary Speaker.

Everybody can hear you.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this Bill.

You are on. Proceed. We can hear you.

If you have a problem with this microphone, you can go to the next one.

This sounds like me. Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this very noble Bill that is before this House. As a practising lawyer, I am happy because we are trying to tidy up the procedures of members of the public approaching this House. Like the courts of law, the Civil Procedure Act requires that before you approach any court, you must confirm there…

Hon. Members, there being no more Members willing to contribute to this Bill, it is only fair we call the Mover to reply. Hon. Ochieng’ David, proceed and reply.

Thank you very much, Hon. Temporary Speaker. I thank the Members who have spoken on this Bill. I request this House to hasten the process of moving it to the next stage, so that Kenyans can access and petition Parliament in a manner that makes it easier not only for the petitioners but also for us, as Parliament, to deal with their petitions. I believe that these amendments are meant to make the w…

Fair enough. I direct that the Question be put at a later date.

Hon. Members, the time being 5.57