National Assembly · Afternoon Sitting

Thursday, 2 May 2024

Session Summary

Members debated amendments to the Bill, including the deletion of Clause 11 and insertion of a new Clause 7A, and discussed the term of office for the Secretary to the Commission. Concerns were raised about eligibility, adequacy of panel members, and the adequacy of the 14‑day nomination timeline, while others expressed support for the changes to improve procedural clarity. The session focused on procedural matters, including the third reading of the County Licensing Bill and a discussion on the National Disaster Risk Management Bill amendments. Members debated an amendment to the IEBC Amendment Bill concerning the secretary’s term of office, with some expressing concerns about the length while others supported the change. Overall, the debate was collaborative, with several members withdrawing their amendments in favor of committee proposals. The House debated a special motion to adopt the Finance and National Planning Committee's report and ratify the multilateral convention aimed at preventing base erosion and profit shifting (BEPS). Members largely expressed support for the treaty, highlighted procedural requirements and timelines, and urged colleagues to back the measure despite brief procedural interruptions.

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Hon. Speaker

Hon. Catherine Omanyo, when the Serjeant-at-Arms has placed the mace and is going back to the Bar to bow, there should be no movement whatsoever and howsoever in the House. Please, try and learn these minor etiquettes on how to conduct ourselves on the Floor of the House. Today you have been very hyper.

[(Laughter)]

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Hon. Speaker

Hon. Members, you may recall that on Tuesday, 30th April 2024, the House rejected the Report of the Committee of the whole House on the Senate Amendments to the Water (Amendment) Bill (National Assembly Bill No.33 of 2023) . The import of this is that it essentially remits the Bill to a Mediation Committee in line with Article 112 (2) of the Constitution and Standing Order 149 (1) . Article 113 …

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Hon. Speaker

Hon. Members, you may recall that on 20th March 2023, the National Assembly passed the Penal Code (Amendment) Bill (National Assembly Bill No.56 of 2022) which was sponsored by the Member for Nakuru Town East, Hon. David Gikaria, MP. The Bill sought to repeal Section 182 of the Penal Code, Cap. 63. Following its passage, I presented the Bill for assent to H.E. the President in accordance with the…

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Hon. Speaker

Leader of the Majority Party.

Baya Owen Yaa
Hon. Owen Baya (Kilifi North, UDA)United Democratic Alliance

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

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Hon. Speaker

Thank you, Deputy Leader of the Majority Party. Member of the delegation….Which delegation? Hon. Rahab Mukami.

Rahab Mukami Wachira
Hon. Rahab Mukami (Nyeri County, UDA)United Democratic Alliance

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

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Hon. Speaker

Thank you. The Chairperson of the Departmental Committee on Tourism and Wildlife.

Mbiuki Japhet Miriti Kareke
Hon. Kareke Mbiuki (Maara, UDA)United Democratic Alliance

Hon. Speaker, I beg to lay the following Papers on the Table: The Reports of the Departmental Committee on Tourism and Wildlife on:

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Hon. Speaker

Thank you. Next Order.

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Hon. Speaker

Hon. Rahab Mukami.

Rahab Mukami Wachira
Hon. Rahab Mukami (Nyeri County, UDA)United Democratic Alliance

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House notes the Report of the Kenya Delegation to the Extraordinary Session of the Sixth Parliament of the Pan-African Parliament, held in Midrand, South Africa, from 20th to 27th March 2024, laid on the Table of the House on Thursday, 2nd May 2024.

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Hon. Speaker

Hon. Mbiuki.

Mbiuki Japhet Miriti Kareke
Hon. Kareke Mbiuki (Maara, UDA)United Democratic Alliance

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Tourism and Wildlife on Budget Implementation Monitoring for Financial Year 2022/2023 and Half Year 2023/2024 for the following State Departments, laid on the Table of the House on Thursday, 2nd May 2024:

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Hon. Speaker

Reverse back to Petitions.

Musau Robert Mbui
Hon. Robert Mbui (Kathiani, WDM)Wiper Democratic Movement - Kenya

Thank you, Hon. Speaker, for the indulgence. I stand to seek your advice. Last year, there was a petition that was brought to this House by the principals of our schools in Kenya. Schools are opening next week if rains allow and the principals are a worried lot. The issue that the principals had raised was a matter of capitation. Firstly, the principals were concerned that the amount of capitatio…

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Hon. Speaker

Are you presenting the Petition again?

Musau Robert Mbui
Hon. Robert Mbui (Kathiani, WDM)Wiper Democratic Movement - Kenya

I am concluding on the question so that you can help us. The issue that is of concern is that the principals already have a debt of about Ksh54

Musau Robert Mbui
Hon. Robert Mbui (Kathiani, WDM)Wiper Democratic Movement - Kenya

billion. This Petition came at a time when it was supposed to be handled within the Budget cycle so that a solution would be given to them. My question is; the Budget lines are going on and time is running out, what are we going to do? What advice would you give so that we provide an answer to the principals so that they are able to run their schools? Thank you, Hon. Speaker.

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Hon. Speaker

Thank you. Where is Hon. Nimrod? Hon. Robert, if you are the one who presented the Petition, if you had sought my advice, I would have advised you differently. The Petition is now with the Public Petitions Committee that has a backlog of work. If you had filed a Question in the same terms that you have elucidated to the Committee on Education, Hon. Melly is here and he is quite an efficient Chairm…

James Opiyo Wandayi
Hon. Opiyo Wandayi (Ugunja, UDA)Orange Democratic Movement

Hon. Speaker, I agree with your advice. The matter is clearly an issue of public notoriety and since schools are opening next week on Monday, the able Chairman of the Departmental Committee on Education can comment on it. They should have opened this week on Monday, but due to the raging floods, the opening of school was postponed by a week. Would it be in order for you to direct Hon. Melly to lia…

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Hon. Speaker

It is inappropriate for me to ask Hon. Melly to comment on a matter that is not before his Committee. Hon. Melly, would you like to volunteer and help the House? But remember equity does not assist volunteers.

Julius Kibiwot Melly
Hon. Julius Melly (Tinderet, UDA)United Democratic Alliance

Hon. Speaker, I am not volunteering, but I can just give information especially on issues concerning that amount of money. Hon. Members, I think it was in this Parliament where it was noted in Departmental Committee on Education that there is always a budget gap of Ksh20 billion on capitation. As a Committee, we placed before the Budget and Appropriations Committee that the Government owes schools…

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Hon. Speaker

Leader of the Majority Leader, you still have to inform the Chairman of Public Petitions Committee to ensure that they finalise on that Petition. In the event we have any Special Sitting within the recess period, I will direct the Clerk to list that Petition so that it can be dealt with within the context of that sitting.

Baya Owen Yaa
Hon. Owen Baya (Kilifi North, UDA)United Democratic Alliance

Thank you, Hon. Speaker, I am guided. I can see Hon. Muriuki is here and he is a Member of the Committee.

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Hon. Speaker

Who?

Baya Owen Yaa
Hon. Owen Baya (Kilifi North, UDA)United Democratic Alliance

Hon. Muriuki. But, I will pass the message.

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Hon. Speaker

Is there any Member of the Public Petitions Committee?

Baya Owen Yaa
Hon. Owen Baya (Kilifi North, UDA)United Democratic Alliance

They are here. Several of them. But it is okay

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Hon. Speaker

You know your Members.

Baya Owen Yaa
Hon. Owen Baya (Kilifi North, UDA)United Democratic Alliance

I will do as guided. Thank you.

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Hon. Speaker

Try and see what we can do. Next Order.

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Hon. Speaker

We have several Statements, including some that I had approved, but are not on the Order Paper. If I give you an opportunity, try and summarise your Statement so that we take as many because this is the last sitting before we proceed for the long recess. Hon. Amina Dika, Tana River County.

Amina Dika Abdullahi
Hon. Amina Dika (Tana River County, KANU)Kenya African National Union

Thank you, Hon. Speaker. Pursuant to Standing Order 44 (2(c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation regarding the harvesting of storm water in Tana River. Tana River County is characterised by its arid and semi-arid conditions, which often lead to either flooding during heavy rainfall or droughts during the dry …

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Hon. Speaker

The Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation, Hon. Bowen. Is it the first week after recess?

Bowen David Kangongo
Hon. Kangogo Bowen (Marakwet East, UDA)United Democratic Alliance

Thank you, Hon. Speaker. Yes.

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Hon. Speaker

Excellent. Hon. Amina Mnyazi, Member for Malindi.

Mnyazi Amina Laura
Hon. Amina Mnyazi (Malindi, ODM)Orange Democratic Movement

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 Transport and Infrastructure regarding the status of processing and issuance of the Seafarers’ Identity Document (SID) . In 2022, Kenya ratified the International Labour Organisation Convention which requires that all seafarers have the S…

[(Seafarers’ Identity Document)]

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Hon. Speaker

The Chairperson of the Departmental Committee on Transport and Infrastructure. Where is Hon. Kariuki?

George Macharia Kariuki
Hon. George Kariuki (Ndia, UDA)United Democratic Alliance

Hon. Speaker, I am present and will provide a Statement on the first week after recess. Thank you.

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Hon. Speaker

Hon. Irene Mayaka, Nominated Member of Parliament.

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Hon. Irene Mayaka (ODM, Nominated)

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 Transport and Infrastructure regarding the state of infrastructure at the Jomo Kenyatta International Airport (JKIA) . Hon. Speaker, Jomo Kenyatta International Airport plays a crucial role as a transit hub for passengers, major airlines a…

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Hon. Irene Mayaka (ODM, Nominated)

(KAA) announcing plans to revamp the facilities of the airport, the infrastructural upgrades undertaken so far have often been substandard, leading to the continued dilapidation of JKIA. Hon. Speaker, given the heavy rainfall experienced in the country, flooding at the airport and water leakages have also become a recurrent problem inside Terminal 1C International Departures and Terminal 1D Domes…

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Hon. Speaker

Hon. GK, is it the first week after recess?

George Macharia Kariuki
Hon. George Kariuki (Ndia, UDA)United Democratic Alliance

Thank you, Hon. Speaker. Yes, the first week.

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Hon. Speaker

Thank you. Hon. Tindi Mwale.

Nicholas Scott Tindi Mwale
Hon. Nicholas Mwale (Butere, ODM)Orange Democratic Movement

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 Roads and Transport regarding the potential infringement of the right to privacy by the National Transport and Safety Authority (NTSA) . Hon. Speaker, the National Transport and Safety Authority operates in a highly data- oriented environm…

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Hon. Speaker

Hon. GK.

George Macharia Kariuki
Hon. George Kariuki (Ndia, UDA)United Democratic Alliance

Hon. Speaker, I request that you give us up to the second week after recess.

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Hon. Speaker

Sawa. Hon. Namuar, Member for Turkana Central.

Namuar Joseph Emathe

Hon. Speaker, pursuant to the provisions of Standing Order 43, I wish to make a General Statement with regard to the alleged claims of the abduction of Mr. Sammy Ekitela of ID No. 32872871 in Lodwar Municipality, Turkana Central. On Tuesday, 30th April 2024, the Member for Turkana South, Hon. (Dr) Ariko Namoit, MP, requested for a Statement from the Chairperson of the Departmental Committee on Ad…

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Hon. Speaker

Is the Member for Turkana South here? He is not. You will square that out of this Chamber.

[(Laughter)]

James Opiyo Wandayi
Hon. Opiyo Wandayi (Ugunja, ODM)Orange Democratic Movement

On a point of order, Hon. Speaker.

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Hon. Speaker

Yes, Hon. Wandayi.

James Opiyo Wandayi
Hon. Opiyo Wandayi (Ugunja, ODM)Orange Democratic Movement

Hon. Speaker, I have keenly listened to the Member for Turkana Central, but I got the gist of what he was trying to say at the tail end. You may need to guide the House on treading carefully on such matters. First and foremost, it amounts to discussing the conduct of the Member of Parliament for Turkana South, Hon. (Dr) Namoit. Second, Hon. Namoit has had serious challenges in the last couple of d…

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Hon. Speaker

That is what he is saying did not happen.

James Opiyo Wandayi
Hon. Opiyo Wandayi (Ugunja, ODM)Orange Democratic Movement

Therefore, I suggest that the matter concerning Turkana be handled a little bit more cautiously without publicising it in the manner the Member

James Opiyo Wandayi
Hon. Opiyo Wandayi (Ugunja, ODM)Orange Democratic Movement

of Parliament is suggesting. More importantly, this House can direct the security agencies to move with speed and restore order in Turkana especially the areas around Turkana South and Central where Lodwar is situated. The issues in Turkana may look isolated, but if left unchecked, could spiral and affect other parts of the country especially, the neighbouring counties. Thank you, Hon. Speaker.

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Hon. Speaker

Thank you. Member for Kigumo.

Munyoro Joseph Kamau
Hon. Joseph Munyoro (Kigumo, UDA)United Democratic Alliance

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 Transport and Infrastructure regarding the status of the Mau Mau Road. The residents of Kigumo Constituency in Murang’a County have raised concerns over delay in completion of the said road. The 540-kilometre road traverses Murang'a, Nyand…

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Hon. Speaker

Hon. GK.

George Macharia Kariuki
Hon. George Kariuki (Ndia, UDA)United Democratic Alliance

Week two, Hon. Speaker.

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Hon. Speaker

Okay. So ordered.

Munyoro Joseph Kamau
Hon. Joseph Munyoro (Kigumo, UDA)United Democratic Alliance

Thank you.

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Hon. Speaker

Hon. Said Hiribae

Said Buya Hiribae
Hon. Said Hiribae (Galole, ODM)Orange Democratic Movement

Thank you, Hon. Speaker. Sometime back, to be precise on 21st March 2024, I brought a Statement here which was given to the Departmental

Said Buya Hiribae
Hon. Said Hiribae (Galole, ODM)Orange Democratic Movement

there will be ugly incidences because of this matter. So, I stand so that you give me direction on this matter.

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Hon. Speaker

Was it to the Departmental Committee on Lands?

Said Buya Hiribae
Hon. Said Hiribae (Galole, ODM)Orange Democratic Movement

Yes, it was given to the Departmental Committee on Lands.

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Hon. Speaker

Hon. Nyamoko, is he here? Yes, Chairman Nyamoko.

Joash Nyamache Nyamoko

Thank you, Hon. Speaker. We did communicate to the State Department of Lands in respect of the Statement which was being sought by Hon. Said, but we are yet to get the response. I want to give an undertaking that we will request for a written statement which we will then send to Hon. Said if that will assist in solving that problem.

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Hon. Speaker

Hon. Hiribae, is that okay?

Said Buya Hiribae
Hon. Said Hiribae (Galole, ODM)Orange Democratic Movement

Hon. Speaker, I have been speaking to the Chairperson and he happens to be a good friend of mine, but my fear is land matters are very emotive at home in Tana River and you know very well that we will be coming back after one month. My fear is that we might end up having problems before we come back to this House.

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Hon. Speaker

Where is Hon. Melly? Hon. Injendi Malulu to respond to the Statement sought by Hon. Joshua Kandie, MP Baringo Central. Do you have the response? Give him the microphone.

Moses Malulu Injendi

Thank you, Hon. Speaker. I rise to give a response from the Cabinet Secretary, Ministry of Education to a Request for a Statement by Hon. Joshua Kandie, MP for Baringo Central Constituency on delayed salaries and understaffing of non-teaching personnel in special needs schools. Hon. Members, Article 53 (1) (b) of the Constitution provides that every child has the right to free and compulsory basi…

Moses Malulu Injendi

Table 1: Free Primary Education

Moses Malulu Injendi

poses a serious threat to the quality of learning in the institutions, especially those with learners who have severe disabilities. The special needs education institutions need to be supported adequately to acquire the relevant assistive devices and learning resources depending on the nature of disabilities and also to pay the non-teaching staff and care givers. Learners with special needs requi…

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Hon. Speaker

Thank you. To the next. This time paraphrase, you have taken too long on that one. This is for Hon. Owen Baya.

Moses Malulu Injendi

Thank you. This is a response to a request for a Statement by Hon. Owen Baya, the Member of Parliament for Kilifi North, regarding the withholding of academic certificates by school heads in both public and secondary schools. Hon. Members, all candidates are, by law, entitled to their certificates upon release of their results. Every child in Kenya has a constitutional right to basic education an…

Moses Malulu Injendi

KNEC to transmit certificates to candidates. They therefore do not have any basis in law to withhold the certificates. The Ministry has issued letters to all schools through the County Directors of Education, emphasising the legal position to the effect that no certificate should be withheld on account of non-clearance of school fees. A copy of the circular dated 8th November is provided herewith.…

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Hon. Speaker

Thank you, Hon. Injendi. Hon. Umulkher, Nominated Member.

Mohamed Umulkher Harun
Hon. Umulkher Harun (Nominated, ODM)Orange Democratic Movement

Thank you, Hon. Speaker. I requested for a Statement on Tuesday from the Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation on the situation of floods and Masinga Dam overflow. You had asked him to give us a response on Thursday, today

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Hon. Speaker

Hon. Bowen, are you ready?

Bowen David Kangongo
Hon. Kangogo Bowen (Marakwet East, UDA)United Democratic Alliance

Hon. Speaker, indeed. You directed that I give a report about the floods in the country especially in Garissa County. The Report I have is just an interim because you directed that I should give a progress report this afternoon.

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Hon. Speaker

Yes.

Bowen David Kangongo
Hon. Kangogo Bowen (Marakwet East, UDA)United Democratic Alliance

Hon. Speaker, the Ministry has given me a progress Report though we had asked the Cabinet Secretary to appear before us this morning so that we could invite the Hon. Member but because of your ruling that we should

Bowen David Kangongo
Hon. Kangogo Bowen (Marakwet East, UDA)United Democratic Alliance

cancel all Committee meetings because of what we had in the morning, he was not able to come. He gave me the following: The Ministry is in the process of putting short-term measures to mitigate the floods across the country and they also have long-term measures. The extent of the damages of the current rains is on water storage facilities. The Ministry is on high alert and is currently assessing…

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Hon. Speaker

Hon. Bowen, can you summarise?

Bowen David Kangongo

Yes, I am finalising, Hon. Speaker.

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Hon. Speaker

I understood the questioner. Her concern was the Seven Forks Dams, which had a threat of spilling, and what you are doing to mitigate the situation. Now you are wandering all over the country.

Bowen David Kangongo

As I have said, Hon. Speaker, the Ministry has given me an interim report, given that yesterday you told me to submit a report today. I have given an interim report and I will give the Member a copy. But I will invite the Cabinet Secretary to the Committee so that the Member can also appear. Thank you, Hon. Speaker.

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Hon. Speaker

Excellent. Thank you. Hon. Umulkher, you have got the report. If you have any issues, sort them out with Hon. Bowen. We do not have the time. Hon. Beatrice Adagala.

Adagala Beatrice Kahai

Thank you, 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 Education regarding the preparedness of schools to deal with the effects of heavy rains and associated challenges. The rains pounding various parts of the country have resulted in flash floods affecting many citizens, including …

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Hon. Speaker

Hon. Bowen, is that directed to you or to the Departmental Committee on Education?

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Hon. Speaker

Hon. Melly, that request is directed at you. Can you bring the response?

Julius Kibiwot Melly
Hon. Julius Melly (Tinderet, UDA)United Democratic Alliance

Yes, I will bring the response immediately we resume from recess, Hon. Speaker. Excellent. Hon. Daniel Karitho, Member for Igembe Central.

Kiili Daniel Karitho

Thank you, Hon. Speaker, for this opportunity. 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 Agriculture and Livestock regarding exploitation of farmers at the Jomo Kenyatta International Airport (JKIA) . Miraa is one of the most profitable cash crops in Kenya that feeds international as well as na…

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Hon. Speaker

Chairman of the Departmental Committee on Agriculture and Livestock? Any Member of the Committee? Leader of the Majority Party, inform the Chairman to bring the statement upon resumption from recess. Hon. Timothy Toroitich.

Toroitich Timothy Kipchumba

Hon. Speaker, pursuant to the provisions of Standing Order No. 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Lands regarding the operationalisation of the Elgeyo-Marakwet County Land Registry. Land registries play a crucial role in maintaining an efficient land registration system and ensuring the orderly conduct of land transactions. Unfortu…

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Hon. Speaker

Chairperson of Lands, first week?

Joash Nyamache Nyamoko

First week, yes.

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Hon. Speaker

Nominated Member from Garissa, Umulkher Harun.

Mohamed Umulkher Harun
Hon. Umulkher Harun (Nominated, ODM)Orange Democratic Movement

Hon. Speaker, My apologies. I thought I raised the request for statement that I had.

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Hon. Speaker

You are following up on an earlier statement. You had filed another statement, but we will drop it if you are not ready.

Mohamed Umulkher Harun
Hon. Umulkher Harun (Nominated, ODM)Orange Democratic Movement

I got a response from the Chairperson.

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Hon. Speaker

Okay. Rael Kasiwai, Member for West Pokot County.

Kasiwai Rael Kasiwai

Hon. Speaker, pursuant to the provisions of Standing Order No. 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding the state of the Kapenguria-Lodwar Road. Hon. Speaker, the ongoing heavy rains have caused damage to many roads across the country. The Kapenguria-Lodwar Road, for instance, has been rendered impa…

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Hon. Speaker

Chairperson of Roads. Wapi Kariuki? I thought Kariuki was here. Leader of the Majority Party, inform him to bring the statement on the first week upon completion of recess. Hon. Clive Gisairo.

Gisairo Clive Ombane
Hon. Clive Gisairo (Kitutu Masaba, ODM)Orange Democratic Movement

I thank you, Hon. Speaker. Pursuant to Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Communication, Information and Innovation regarding the status of the Kenya Digital Economy Acceleration Project. Hon. Speaker, to become a middle-income country by 2030, the country needs to incorporate the development of digital technologies …

Gisairo Clive Ombane
Hon. Clive Gisairo (Kitutu Masaba, ODM)Orange Democratic Movement

It is against this backdrop that I request for a statement from the Chairperson of the Departmental Committee on Communication, Information and Innovation on the following:

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Hon. Speaker

Chairperson of Committee on ICT.

John Kiarie Waweru
Hon. John Kiarie (Dagoreti South, UDA)United Democratic Alliance

Thank you very much, Hon. Speaker. Hon. Clive raises a very important point. As we go on recess, we are going to take up this matter and burn the midnight oil even as we attend to the budget issues. In two weeks, we shall be ready with a response. That means as we come back from recess, he shall get a response. Thank you very much, Hon. Speaker.

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Hon. Speaker

Well, done. Leader of the Majority Party, your Thursday Statement. Hon. Ruku, I do not have any of your Statements, unfortunately. Before you, Leader of the Majority Party, Musa Sirma, you have a communication. I will give you one minute.

Musa Sirma Cherutich
Hon. Musa Sirma (Eldama Ravine, UDA)United Democratic Alliance

Thank you, Hon. Speaker. I take this opportunity to welcome Members.

Musa Sirma Cherutich
Hon. Musa Sirma (Eldama Ravine, UDA)United Democratic Alliance

Thank you, Hon. Speaker. I know you have received official Communication. I take this opportunity to welcome and invite all Members to the 20th anniversary commemoration of the establishment of the National Government Constituencies Development Fund (NG-CDF) tomorrow at Safari Park Hotel starting from 9.00

[(Applause)]

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Hon. Speaker

Thank you, Hon. Sirma. What is the time of the meeting? Give him the microphone.

Musa Sirma Cherutich
Hon. Musa Sirma (Eldama Ravine, UDA)United Democratic Alliance

Members, we should be at Safari Park Hotel by 8.00 a.m. tomorrow because we shall be starting between 8.30 a.m. and 9.00 a.m. The Head of State will be the guest of honour.

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Hon. Speaker

Yes, Hon. Jared.

[(Loud consultations)]

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Hon. Speaker

Members, you are conversing very loudly. Hon. Musa Sirma is inviting all of you to Safari Park Hotel tomorrow morning, particularly those of you who are in continuous interaction with the NG-CDF, to celebrate the 20th anniversary of that important Fund. Yes, Hon. Okello.

Jared Odoyo Okelo
Hon. Jared Okello (Nyando, ODM)Orange Democratic Movement

Thank you very much, Hon. Speaker. I have two issues that I want to quickly run through. First, recognising that we are going on recess today, I raised a question as regards the remission of funds for political parties to the Registrar of Political Parties, who should then cascade them to political parties on a pro-rata basis. I remember you gave the Leader of the Majority Party the task of talki…

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Hon. Speaker

You have made your point.

Jared Odoyo Okelo
Hon. Jared Okello (Nyando, ODM)Orange Democratic Movement

Hon. Speaker, we need your indulgence and direction on this. If it is a protocol issue stemming from State House, it has to be corrected immediately so that the respect we enjoy with the electorate out there can permeate and continue. As I conclude, the Leader of the Majority Party, who was sitting three feet away from me, had to be squeezed and sandwiched in a very small seat that did not befit …

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Hon. Speaker

Leader of the Majority Party, do you have anything to say on that? Hon. Ruku, ngoja.

Anthony Kimani Ichung'wah
Hon. Kimani Ichung’wah (Kikuyu, UDA)United Democratic Alliance

Thank you, Hon. Speaker. I know Hon. Okello was seated next to me at that funeral. For the record, let me state that I went to the

Anthony Kimani Ichung'wah
Hon. Kimani Ichung’wah (Kikuyu, UDA)United Democratic Alliance

funeral to mourn with the family of the Chief of Defence Forces (CDF) Ogolla. I was comfortable sitting anywhere because it was a funeral. However, I noticed that the Deputy Leader of the Azimio la Umoja–One Kenya Coalition, His Excellency Hon. Kalonzo Musyoka, was seated very far from where I would ordinarily expect a leader of his stature to sit. I do not know which position he holds in the Azi…

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Hon. Speaker

Hon. Ruku.

[(Loud consultations)]

Buyu Rozaah Akinyi
Hon. Ruku GK (Mbeere North, DP)Orange Democratic Movement

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 Trade, Industry and Co-operatives regarding measures being taken to boost the manufacturing sector in the country. It is a critical core in the will that is needed to drive Kenya to its ambitious goal of becoming a rapidly industrialised mi…

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Hon. Speaker

No, you are breaching our trust. Hon. Gakuya. Who is the Chair of the Departmental Committee on Trade, Industry and Co-operatives? Yes, Hon. Marianne. Will you respond during the first week after recess?

Marianne Kitany
Hon. Marianne Kitany (Aldai, UDA)United Democratic Alliance

Hon. Speaker, give us the second week.

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Hon. Speaker

Okay. Leader of the Majority Party, before you make your Thursday Statement, we will go back to Order No. five.

Anthony Kimani Ichung'wah
Hon. Kimani Ichung’wah (Kikuyu, UDA)United Democratic Alliance

Hon. Speaker, can I get attention from Hon. Okello because the Paper touches on some of the issues he raised on Exchequer releases.

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Hon. Speaker

Hon. Jared.

Anthony Kimani Ichung'wah
Hon. Kimani Ichung’wah (Kikuyu, UDA)United Democratic Alliance

Hon. Speaker, I beg to lay the following Paper on the Table: Supplementary Estimates II for the Financial Year 2023/2024 from the National Treasury and Economic Planning and the following accompanying documents:

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Hon. Speaker

Thank you. You may now proceed to Order No. 7.

Anthony Kimani Ichung'wah
Hon. Kimani Ichung’wah (Kikuyu, UDA)United Democratic Alliance

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, 30th April 2024 to prioritise the business for consideration during the week. I wish to commend the leadership of the House and all the Members for dedication and co-operation that they have exhibited in the Session so far. We h…

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Hon. Speaker

Thank you. Let us have Hon. Tongoyo. Hon. Mbeyu, that is your request for statement. Be quick to paraphrase your response.

Gabriel Koshal Tongoyo
Hon. Gabriel Tongoyo (Narok West, UDA)United Democratic Alliance

Thank you. I stand to respond to a request for statement by the Member of Parliament for Kilifi County concerning Mnazi. The Member of Parliament for Kilifi County, Hon. Gertrude Mbeyu, requested a statement regarding the erroneous classification of Mnazi as an alcoholic drink. She particularly sought to be informed on a number of things. One is the circumstances under which the Ministry classifi…

Gabriel Koshal Tongoyo
Hon. Gabriel Tongoyo (Narok West, UDA)United Democratic Alliance

of the provisions of the Alcoholic Drinks Control Act (ADCA) 2010 and the Kilifi County Liquor Control Act, the regulation of toddy is a concurrent function between the national Government and the Kilifi County Government. Section 2 of the Alcoholic Drinks Control Act 2010 (No. 4) provides that alcoholic drinks include alcohol, spirits, wine, beer, traditional alcoholic drinks and so on. The Kilif…

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Hon. Speaker

How much more to go?

Gabriel Koshal Tongoyo
Hon. Gabriel Tongoyo (Narok West, UDA)United Democratic Alliance

Just two pages.

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Hon. Speaker

Two pages?

Gabriel Koshal Tongoyo
Hon. Gabriel Tongoyo (Narok West, UDA)United Democratic Alliance

Yes.

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Hon. Speaker

The issue is very simple. Is Mnazi an alcoholic drink or not?

Gabriel Koshal Tongoyo
Hon. Gabriel Tongoyo (Narok West, UDA)United Democratic Alliance

Let me try to summarise.

H
Hon. Speaker

You have already said there is a law that defines it as an alcoholic drink. You are on a rigmarole.

Gabriel Koshal Tongoyo
Hon. Gabriel Tongoyo (Narok West, UDA)United Democratic Alliance

In summary, Mnazi is an alcoholic drink that should be controlled under the provisions of the Alcoholic Drinks Control Act 2010 and the Kilifi Liquor Control Act.

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Hon. Speaker

Yes, mama Mbeyu.

Gertrude Mbeyu Mwanyanje

Thank you, Hon. Speaker. I am convinced by the response. As you put it, it is an alcoholic drink. What we need is control because men are the ones who are involved in this drink. As at now, even school-going children and students are taking it knowing very well that it is not alcoholic. We need some policy from your department to control the Mnazi drink in the coastal region and wherever it is sol…

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Hon. Speaker

Hon. Zamzam Mohammed. Hon. Zamzam Mohammed Ahsante sana, Mhe. Spika. Nami pia napiga upondo majibu aliyotoa Mhe. Tongoyo.

[(Mombasa County, ODM)]

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Hon. Speaker

Mnazi unatumika vibaya hata kama ni kinywaji cha utamaduni. Wanaume wanatoka kwa Mnazi unaouzwa kuanzia saa kumi na mbili asubuhi. Hakuna mikakati ya kuweka wakati mwafaka. Wanaume wanalewa 24/7 kisha wanaenda kupiga na kuumiza wake wao. Mimi kama Mama kaunti ningepinga aina yoyote ya kilevya kama ingekuwa nguvu zangu. Nimekuwa nikiongea na Officer Commanding Police Division (OCPD) wa Jomvu mpaka …

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Hon. Speaker

Thank you, Mama Mombasa. Before the next Order, Hon. Members, I have approved a Supplementary Order Paper for circulation. We will do First Reading at Order No. 9 and Order No. 10 after putting the Question at Order No. 8. After that, we will go to the Committee of the whole House at Order No. 11. Here, we will only deal with the first item, that is, the Independent Electoral and Boundaries Commi…

[(Hon. Ruku GK stood up in his place)]

Millie Grace Akoth Odhiambo Mabona

On a point of order.

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Hon. Speaker

Order, Hon. Millie. Please take a seat first. We have already called out Order No. 8. Yes, Hon. Millie, what is out of order? Hold on. Third Reading

[(Question put and agreed to)]

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Hon. Speaker

I call upon the Mover to move Third Reading.

Marianne Kitany
Hon. Marianne Kitany (Aldai, UDA)United Democratic Alliance

Hon. Speaker, I beg to move that the County Licensing (Uniform Procedures) Bill, (Senate Bill No. 9 of 2022) be now read a Third Time. I request Hon. (Dr) Ojiambo Oundo, the Member for Funyula, to second.

Wilberforce Ojiambo Oundo
Hon. (Dr) Ojiambo Oundo (Funyula, ODM)Orange Democratic Movement

Thank you, Hon. Speaker. We have already dispensed with the matter and so, I second.

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Hon. Speaker

Can I put the Question?

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Hon. Members

Yes.

[(Question put and agreed to)]

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

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Hon. Speaker

Hon. Millie, can I hear your point of order?

Millie Grace Akoth Odhiambo Mabona

Thank you, Hon. Speaker. I wish to raise a concern regarding the National Disaster Risk Management Bill. My proposed amendments do not appear in the Order Paper and yet, I sent them about three weeks ago.

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Hon. Speaker

That has been brought to my attention after you pointed it out to the Clerks-at-the-Table. That notwithstanding, I had already directed that we will not deal with that Bill today. It will be dealt with at a later date. If there will be a Special Sitting, we might slot it there or when we resume after the recess. So, your amendments will be taken into account. Next Order.

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Hon. Speaker

Next Order.

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Hon. Speaker

Rachael Kaki Nyamai

Hon. Speaker, I beg to report that the Committee of the whole House has considered the Independent Electoral and Boundaries Commission (Amendment) Bill, (National Assembly Bill No. 10 of 2024) , and approved the same with amendments.

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Hon. Speaker

Mover.

Anthony Kimani Ichung'wah
Hon. Kimani Ichung’wah (Kikuyu, UDA)United Democratic Alliance

I beg to move that the House do agree with the Committee in the said report. I request the Deputy Whip of the Minority Party, Hon. Mwenje, to second the Motion.

Mark Mwenje Samuel Muriithi

Thank you, Hon. Speaker. I beg to second.

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Hon. Speaker

Thank you. Yes. Hon. T.J.

[(Question proposed)]

Kajwang Francis Tom Joseph
Hon. T.J. Kajwang’ (Ruaraka, ODM)Orange Democratic Movement

Hon. Speaker, I want to support that Report. This is how business, if well transacted, should be. This is a bipartisan approach. You could see the maturity with which the Committee of the whole House proceeded and even the collection of mind of the Chair of the Departmental Committee on Justice and Legal Affairs, which is very rare in matters such as this. We want to appreciate that when matters a…

Kajwang Francis Tom Joseph
Hon. T.J. Kajwang’ (Ruaraka, ODM)Orange Democratic Movement

Thank you.

H
Hon. Speaker

Thank you. Third Reading

[(Question put and agreed)]

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Hon. Speaker

Mover.

Anthony Kimani Ichung'wah
Hon. Kimani Ichung’wah (Kikuyu, UDA)United Democratic Alliance

Hon. Speaker, I beg to move the Independent Electoral and Boundaries Commission (Amendment) Bill, (National Assembly Bill No. 10 of 2024) , be now read a Third Time. I also request Hon. Marrianne Kitany to second.

Marianne Kitany
Hon. Marianne Kitany (Aldai, UDA)United Democratic Alliance

I second.

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Hon. Speaker

Thank you. I confirm that we have quorum. Thank you. We now, as I had advised you earlier, put aside Order No. 12 for now and move to Order No. 13.

[(Question proposed)]

[(Question put and agreed to)]

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

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Hon. Speaker

Order, Hon. Members. Take your seats. I have a Communication to make in pursuance to what you have just voted on. Take your seat, Hon. Mathenge. You are too tall to be upstanding for too long. Hon. Members, following the resolution of the House to establish a Select Committee to investigate the allegations contained in the Special Motion for the dismissal of the Hon. Franklin Mithika Linturi as t…

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Hon. Speaker

witnesses. Additionally, the Committee must always remain decorous and civil towards the parties that appear before it. In line with the requirements of Article 152(7)(b) of the Constitution, I wish to reiterate that the Committee should submit its report to the House within 10 days of its formation. Computation of the timeline in accordance with the provisions of Article 259(5) and 259(7) of the…

Ariko John Namoit
Hon. John Namoit (Turkana South, ODM)Orange Democratic Movement

Thank you, Hon. Temporary Speaker. I rise to second.

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The Temporary Speaker (Hon. Omboko Milemba)

Very well. Leader of the Majority Party.

[(Question proposed)]

Anthony Kimani Ichung'wah
Hon. Kimani Ichung’wah (Kikuyu, UDA)United Democratic Alliance

Thank you, Hon. Temporary Speaker. I rise to support this Report. I also take this opportunity to thank the Chairperson and Members of the Departmental Committee on Finance and National Planning for consideration of this Report. I know many Members may not know what base erosion is. Hon. Zamzam is telling me niwaambie. Base erosion and profit shifting refers to tax planning strategies mostly util…

Anthony Kimani Ichung'wah
Hon. Kimani Ichung’wah (Kikuyu, UDA)United Democratic Alliance

developing countries and regional tax bodies, worked together to develop new rules and processes to strengthen the international tax system and, therefore, tackle this problem of tax avoidance. That group of countries is known as the Inclusive Framework on BEPS. Kenya became a member of the Inclusive Framework on BEPS in January 2017 and made a commitment to implement the BEPS package that contain…

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The Temporary Speaker (Hon. Omboko Milemba)

Very well. Is Hon. Andrew Okuome in the House? I propose that if you want to speak on this particular Motion, put your card in the intervention slot because the list that I have here could be… I can see Hon. Catherine Wambilianga of Bungoma is not here. Let us have Nominated Member, Hon. Irene Mayaka.

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Hon. Irene Mayaka (Nominated, ODM)

Thank you, Hon. Temporary Speaker. I also rise to support the Report by the Chairperson, who is a colleague in the accounting world. The Leader of the Majority Party alluded to BEPS that are currently being used in the world. I would like to invite us to have a look… I wish the Chairperson of the Departmental Committee on Finance and National Planning would listen because I can see he is being in…

[(Hon. Kuria Kimani consulted loudly with other Members)]

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The Temporary Speaker (Hon. Omboko Milemba)

Order, Chairperson of the

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Hon. Irene Mayaka (Nominated, ODM)

Thank you, Hon. Temporary Speaker. I was drawing the attention of the Chairperson of the Departmental Committee on Finance and National Planning to this because the Leader of the Majority Party talked about base erosion. I just wanted to point him in the direction of the model that the European Union (EU) uses. They have a Digital Service Act (DSA) that ensures that countries within the EU are sub…

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Hon. Irene Mayaka (Nominated, ODM)

current nature of the economy and market that we operate in as Kenya. It does not favour us. It favours markets that are more advanced than ours. Therefore, we must always remember that in as much as we want to ratify and apply ourselves to what is happening in the rest of the world, we must also always seek to first of all protect the people who operate within our system. Hon. Temporary Speaker,…

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The Temporary Speaker (Hon. Omboko Milemba)

Hon. Bernard Kitur, Member for Nandi Hills.

Fatuma Zainab Mohammed

On a point of order, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. Omboko Milemba)

What is your point of order, Hon. Fatuma Mohammed?

Fatuma Zainab Mohammed

Hon. Temporary Speaker, looking at the numbers in the House, you will agree with me that we do not have a quorum. This is bad, especially now that we are live on television. When a Member like Hon. Irene is speaking and all the seats are empty, it is bad for us. We do not have quorum.

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The Temporary Speaker (Hon. Omboko Milemba)

Hon. Fatuma, you have risen on a point of order regarding quorum. I can confirm that there is no quorum in the House. Therefore, I ask the Serjeant-at-Arms to ring the Quorum Bell for 10 minutes. That is correct. All Members who are in the House cannot leave. Take your seats or consult your colleagues. However, you cannot get out of the House now. Thank you, Hon. Millie, for that reminder. Order,…

[(The Quorum Bell was rung)]

[(Hon. Millie Odhiambo-Mabona spoke off the record)]

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The Temporary Speaker (Hon. Omboko Milemba)

Hon. Members, the time being