National Assembly · Afternoon Sitting

Hon. Shurie and Hon. Hassan, you are supposed to be in silence when the Speaker is delivering a Communication. You have continued to engage in animated discussions, which is not right. Yeye ndiye amekuharibu?

[(An Hon. Member spoke off-record)]

[(Laughter)]

[(Laughter)]

[(Laughter)]

Hon. Speaker, I beg to present a Public Petition on delayed adjudication and settlement of residents of Misufini, Vibandani and Kibarani sub- locations, Tezo Location, Kilifi North Constituency. Before I do that, I would like to recognise the delegation from Kilifi which is visiting Parliament and I wish them fruitful deliberations in the House. I, the undersigned, on behalf of the residents of …

THAT, Coast Development Company submitted an application to the County Government of Kilifi seeking an approval for its proposed change of user from agricultural to residential plot No.5046/11. The same was approved on 27th June 2018. THAT, the petitioners have written many letters to the National Lands Commission but no action has been taken concerning the matter; THAT, both the National Governme…

Thank you, Hon. Baya. When a Petition is presented, normally we give a little latitude for Members to comment. Leader of the Minority Party, are you on the Petition?

Thank you very much, Hon. Speaker. The

Member for Kamukunji.

Thank you Hon. Speaker. The issue of land is very important. Millions of Kenyans were dispossessed during the colonial period. Until now, there are thousands of people who are land-poor, and are living in squalid and miserable conditions on their own land. I support this particular Petition because it is righting the wrongs of the past. The communities in those areas were dispossessed and were ma…

the past and to empower the dispossessed poor people who do not have any voice in their country anymore, because there are some very powerful elements that control the levers of power, legal affairs and land. They corrupt the officials who are involved in such activities. I fully support Hon. Owen Baya’s Petition and the community of Kilifi. There are many squatters in Kilifi, Kwale and Taita Tav…

Hon. Leader of the Majority Party.

Thank you, Hon. Speaker. I rise to support this Petition by the residents of Misufini, Vibandani and Kibarani in Kilifi North. I know this Petition is to go to the Public Petitions Committee, but it is a matter of concern that the Chairperson of the Public Petitions Committee is never in the House.

Who is that?

Hon. Nimrod Mbai. It defeats the purpose for us to be ventilating on a petition that is to go to a Committee where the Chairperson is forever absent from the House. Hon. Speaker, you direct that… Hon. Speaker, I can hear Hon. Kandie shouting from behind.

[(Hon. Joshua Kandie spoke off-record)]

Hon. Kandie, the Chairperson carries greater responsibility than you as a member. He is even paid for being a chairperson and he must be here to listen to Members. As the Leader of the Majority Party goes on, I want to ask him and his counterpart to be reporting to the House Business Committee every month on how many Petitions have been processed. Members of the public come to Parliament out of de…

Thank you, Hon. Speaker. I am sure Hon. Opiyo Wandayi has heard and we will act accordingly. I was just noting this as a matter of concern because it is important that whenever business is being transacted that will appear before a committee, the chairperson is to be present. The Chairperson of the Public Petitions Committee ought to know that under the particular Order that we are in, every time…

Independence largely on the basis of land that had been occupied by our former colonial masters. It is, therefore, imperative that the Committee embarks on considering this Petition as it does to the others that have been sent to them. However, on this particular one that touches on land, I urge the Public Petitions Committee to take it with the urgency that it deserves because land is a very emo…

Hon. Chonga.

Thank you, Hon. Speaker. Before I contribute to the Petition, kindly allow me to appreciate the Speaker of Kilifi County Assembly and the delegation that has accompanied him. Hon. Teddy was a Member of this House in the 12th Parliament, and was a friend to many. Let me appreciate him for that. The Petition that has been brought by Hon. Owen Baya is not unique. I also want to appreciate the statem…

Thank you, Hon. Members. Hon. Pukose, you will be the last.

Thank you, Hon. Speaker, for allowing me to contribute to the Petition by the Member for Kilifi North. I want to join my colleagues to welcome the Speaker of Kilifi County Assembly, Hon. Teddy Mwambire, who was a Member of this House in the last Parliament. And as Hon. Chonga has put it, he was a friend to many. This Petition is very important. I hope that the Public Petitions Committee would be …

House with good recommendations that have far-reaching effects not just to the people of Kilifi, but the whole of country. With those few remarks, I support.

Thank you. The Petition stands committed to the Committee on Public Petitions, and they have to finish the work in 60 days. That is the original Hon. Karemba, whom this House knows.

[(Hon. Muchangi Karemba walked into the Chamber)]

[(Laughter)]

Hon. Speaker, I beg to give notices of the following Motions: THAT, aware that commercial sugar-cane production in Kenya was introduced in the early years after Independence with an aim of eliminating dependence on sugar importation and contributing to economic transformation in the sugar belt and the country at large through agriculture; acknowledging that at its pinnacle, the sugar industry sig…

to over-rely on net importation of sugar, which negatively impacts on the balance of trade; noting that the decline in sugar production is attributable to factors such as mismanagement, interference and unfair competition from cheaply imported sugar; further concerned that state-owned sugar millers like Mumias Sugar Company and Nzoia Sugar Company ceased milling while owing farmers hundreds of mil…

Go ahead.

Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that Article 43 (1) of the Constitution entitles every person to the right to the highest attainable standard of health, which includes the right to health care services; further aware that every year, an estimated 14,000 children born in Kenya suffer from sickle cell and haemophilia diseases, with the highest prevalence rate…

Thank you, Hon. Nabulindo. Hon. Bernard Kitur.

Hon. Speaker, pursuant to Standing Order 33 (1) , I seek leave for the adjournment of the House for purposes of discussing a matter of urgent national importance regarding ongoing incidents of insecurity in Lamu County. The country has been witnessing attacks by suspected terror groups and clandestine armed gangs in certain parts of the country, particularly in Lamu and Garissa counties. Recently…

Thank you, Hon. Kitur for your Motion. To get the nod of the House, you need 20 Members to stand in your support. The support is overwhelming. I direct that this Motion be debated from 5.30 p.m. today. Members, you may take your seats. Chairperson of the Public Debt and Privatisation Committee.

[(Several Hon. Members stood up in their places)]

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

Thank you. Next Order!

On a point of order, Hon. Speaker.

Hold on. Yes, Kamket.

Hon. Speaker, at the beginning of this Parliament, you made an order that Bills that had lapsed be re-introduced, and that such Bills can even skip the rigorous First Reading. I am among those Members who had a Bill – the Equalisation Fund Bill. I wrote to the Speaker, but I am worried about its fate. It looks like the Departmental Committee on Finance and National Planning is sitting on it. I do …

Chairperson of the Departmental Committee on Finance and National Planning, are you dealing with the Bill that the Member for Tiaty is asking about?

Thank you, Hon. Speaker. Indeed, we received the Bill from Hon. Kamket. It is one of the Bills that the Departmental Committee on Finance and National Planning is processing. He will certainly hear from us before the end of 14 days.

Thank you. Hon. Kamket, I hope your fears are allayed. Next Order!

Leader of the Majority Party, you have your usual Thursday Statement.

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (a) , I rise to give a Statement on behalf of the House Business Committee (HBC) , which met on Tuesday, 27th June 2023 to prioritise the business for consideration during the week. As Members are aware, yesterday was a public holiday marking Eid Ul-Adha. I would like to convey my belated wishes to our Muslim brothers an…

Thank you, Leader of the Majority Party. Next Order!

Leader of the Majority Party.

Is it Order No.10?

Yes! We are on Order No.10.

Sorry, Hon. Speaker. I was speaking to the Chair of the Public Petitions Committee. He has heard you and me from wherever he is.

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 28 (4) , this House resolves to alter its Calendar for the Second Session (Regular Sessions) as adopted on Wednesday, 15th February 2023 by varying the period for the short recess with respect to the Second Part of the Session so that:

Secondly, at the beginning of a new financial year, NG-CDF constituency committees are required to submit new proposals. As provided for in the Constitution, those proposals need to have gone through meaningful and active public participation. Public participation can only be meaningful if the Members of Parliament are available to lead and offer guidance to members of the public. Additionally, Me…

[(Laughter)]

On a point of information.

Hon. Sirma, who do you want to inform?

I want to inform the Leader of the Majority Party.

He has finished his contribution, but go ahead.

Hon. Speaker, I would like to inform the Leader of the Majority Party that all the money due to NG-CDF has been released by the National Treasury and will be in the constituency accounts by tomorrow.

[(Loud consultations)]

Hon. Wandayi.

Thank you, Hon. Speaker. You know Hon. Ichung’wah opened a Pandora’s Box in his closing remarks, but I will avoid that route for now. I must appreciate that today I have set my eyes on the Chair of the Public Petitions Committee. I have never had a chance to see him physically in this House. Hon. Mbai, I am happy to see you today. I wish that you continue being available and consult with my office…

disbursed before the close of a financial year. This is a first on account of the pressure that has been exerted by Members of this House. That pressure must continue so that even as we start a new financial year, those disbursements must be made on timely basis so that those monies can be used to do the work they are meant to do. As we embark on a new financial year, I also hope that Members of …

Thank you, Hon. Leader of the Minority Party. Order, Hon. Members! Take your seats. Can I put the Question, Members?

[(Several Members stood along the aisle)]

[(Question proposed)]

Yes! Next Order! Before you call the next Order, allow me to acknowledge the presence of St. Theresa’s Girls Secondary School from Samburu East Constituency, Samburu County, and Bwake Boys Secondary School from Cherangany Constituency, Trans Nzoia County, in the Speaker’s Gallery. On your behalf and on my own behalf, I welcome the schools and those accompanying them to the House of Parliament.

[(Question put and agreed to)]

[(Applause)]

Chairman of the Departmental Committee on Labour. The Leader of the Majority Party.

[(Hon. Kimani Ichungw’ah stood in his place)]

Hon. Speaker, I beg your indulgence. We consulted with the Chairman, and because he was rushing somewhere, he requested that you indulge him and allow this business on Order No.12 to be rescheduled to some time on Tuesday next week.

Order No.11?

Yes. Order No.11. Sorry. So that we can move on to Order No.12.

Order No.11 is stepped down as requested. Next Order!

Chairman of the Departmental Committee on Finance and National Planning.

On a point of order, Hon. Speaker.

Yes, Hon. Junet Mohamed.

Hon. Speaker, I am not disagreeing with the request by the Leader of the Majority Party, but I wanted clarity on whether it is procedural to step down an Order just like that. There is a way to do it. First, the Chairman of the Committee is not in. He has not given valid reasons to the House on why we should step the Motion down. The authority to step it down only rests with the Speaker. It is the…

Hon. Junet, I fully agree with you, only that you are not privy to the fact that there was prior consultation between the Leader of the Majority Party and the Speaker. So, when he stood up to speak, the Speaker was privy to what he was saying, and had acceded to the stepping down of the Order on account that the Chairman is unavailable this afternoon. It will be on the Order Paper next week on Tue…

Chairman of the Departmental Committee on Finance and National Planning.

Hon. Speaker, I beg to move the following Motion: THAT, taking into consideration the findings of the Departmental Committee on Finance and National Planning in its Report on the vetting of a nominee for appointment as a Chairperson of the Commission on Revenue Allocation, laid on the Table of the House on Tuesday, 27th June 2023 and, pursuant to the provisions of Article 215 (2) (a) of the Consti…

where she attained her Certificate of Primary Education (CPE) and Kenya Certificate of Secondary Education (KCSE) in 1974 and 1978 respectively. The nominee pursued her A- Level education from 1979 to 1980 at Kereri Girls High School and thereafter proceeded to Punjab University where she graduated in 1984 with a Bachelor of Commerce Degree. The nominee further proceeded to Eastern and Southern A…

Hon. Speaker, I beg to move that this House approves the appointment of CPA Mary Wanyonyi as the Chairperson of CRA and ask the Vice-Chair of the Departmental Committee of Finance and National Planning, Hon. Ambassador Lang’at to second. Thank you, Hon. Speaker.

Who is seconding?

Vice-Chair.

Okay, Vice-Chair. Give him the microphone.

Thank you, Hon. Speaker. I do not want to belabor the point the Chairman has already put across to the House. I want to confirm that CPA Mary is among the very qualified persons in the Republic. She has a very good proven track record of public service and is qualified. I ask the House to approve so that she can start working for this country. Hon. Speaker, I second.

Hon. Members, order. Take your seats. Should I put the Question, Members?

[(Question proposed)]

Yes.

[(Question put and agreed to)]

Hon. Members, before we move to the next Order, allow me to acknowledge the following schools in the Speaker’s Gallery and the Public Gallery: Moi Girls’ High School Kamusinga from Kimililli Constituency in Bungoma County; Ting’ang’a Primary School from Kiambu Constituency in Kiambu County; Kimuka Primary School from Kajiado West Constituency in Kajiado County; Aiyebo Primary School from Baringo N…

Yes, Hon. Speaker. Allow me, Hon. Speaker, to join you in welcoming the teachers of Aiyebo Primary School, students from Kabarnet and students from Kamusinga and all parts of the country that you mentioned. Aiyebo is a public primary school. It was the best primary school in my constituency. Those teachers, together with others, mentored us into politics. They first elected me as the chairman of t…

Thank you, Hon. Makilap. Next Order.

Yes. I am ready, Hon. Speaker. I am very sorry. You know the only thing is that we should be given notice when there is an intention to step down certain Motions from the Order Paper so that we can prepare. As you know, I am always prepared.

You must be like the five clever girls in the Bible. They were 10. Five were foolish while five were clever. So, you must always choose which ones you want to be.

I carried three quarters of the oil.

So, you are half-clever.

Yes. Thank you very much, Hon. Speaker.

[(Laughter)]

I beg to move the following Motion: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Public Finance Management Regulations, 2023, laid on the Table of the House on Wednesday, 21st June 2023, and pursuant to the provisions of Section 24 (4) of the Public Finance Management Act, 2012, approves the Public Finance Management Regulations, pub…

[(National Peace Support Operations Fund)]

[(National Peace Support Operations Fund)]

we are currently contributing troops to the African Union Transition Mission in Somalia (ATMIS) and to the Democratic Republic of Congo (DRC). Previously, before the promulgation of these Regulations by the Cabinet Secretary of the National Treasury and Economic Planning, monies pursuant to the participation of our troops in various missions have always been paid to the Consolidated Fund. It has b…

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

Thank you, Hon. Deputy Speaker. I stand here to second the Motion. As it has been said by the Chairman, this is a special kitty that has never existed in our country. It is now time to have this Peace Support Operations Fund. We lose a lot in terms of funds reimbursed from peace support operations that get back to the country but are not accounted for. This Fund will ring-fence all reimbursements…

Fund, we can take serviceable equipment so that we can get 100 per cent reimbursement. This will also mean that the Fund will take care of troops as they go out in the field. Equipment will be laid down in the field and their serviceability will be taken care of using this Fund. The current situation is that they rely on any amount of money from the Exchequer, which most of the time is not forthc…

Hon. Members, sorry. I was slightly distracted by the Chairman.

[(Question proposed)]

On a point of order.

On a point of order.

What is your point of order, Hon. Chepkonga?

Hon. Deputy Speaker, you had allowed me to lay some Papers and move a Motion, can I do so? Just hold on. It is still business of the Committee. It is not different. It is the same

[(Hon. Junet Mohamed spoke off record)]

On a point of order.

What is your point of order, Hon. Junet? I have given you the microphone.

Hon. Deputy Speaker, the Chairman has moved a Motion for regulation of peace which was seconded and you proposed the Question. This is the time for Members to contribute and dispense with that agenda, then after that he can table whatever he wants to table. This is a House of procedure. You cannot say we have come here to contribute to your Motion and you still want to table other documents. Give …

Hon. Junet, he was just on a point of order. We have not even heard what he was going to say. You are speculating. Hon. Chepkonga, do you want to proceed?

Hon. Deputy Speaker, I had requested the substantive Speaker and he agreed that I lay the Paper when I am ready because it is an important Paper to lay. Purely laying it. If Hon. Junet had allowed me just two minutes, it would not be a subject of discussion. In fact, the Paper will be very important for his constituency. I see he has nodded with agreement.

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

You were laying a Paper. You have done so, Hon. Chepkonga. You want to give a Notice of Motion?