National Assembly · Afternoon Sitting

Hon. Members, I have a Petition here regarding the enactment of the Banker’s Professional Bill 2023. 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. I will allow the Memb…

[(Several Members walked into the chamber)]

[(Hon. Rahab Mukami and Hon. Jayne Kihara walked into the Chamber)]

the industry requires the establishment of a robust legislative framework that regulates the norms and standards of banking professionals in Kenya thus ensuring professionalism, integrity, and accountability of bankers in safeguarding the interests of customers, and promoting public trust. The Petitioner explains that the impetus is a result of the collapse of Imperial Bank in 2015 following frau…

Thank you, Hon. Deputy Speaker. I, the undersigned, on behalf the residents of Chepchoina , Two (II) and Three (III) ) settlement schemes in Trans Nzoia County, draw the attention of the House to the following: THAT, there are over three thousand (3,000) settlers residing in Chepchoina settlement schemes in Trans Nzoia County; THAT, residents of Chepchoina Settlement Schemes in Trans Nzoi…

[(Phase One (I)]

[(Phase I, II and III)]

from those that request for their parcels to be offered back; THAT, there are double allocation for parcels of lands not sanctioned by a statutory committee as required under the Land Act, in total contravention of Section 134 of the Land Act, No.6 of 2012 on provision for establishment of settlement schemes; THAT, irregular, illegal and double allocation of settlement land in Chepchoina Phase I, …

Thank you. I will allow a few comments on this. Please make them brief. Hon. Makali Mulu.

Thank you very much, Hon. Deputy Speaker. Before I comment on Petition No.1, it looks like we have a challenge with the system on this side. After you press, it keeps going off. We have to keep on pressing. I want to request those who are concerned to address this matter. On Petition No.74/2023 on the enactment of the Bankers Professional Bill, 2023, where two members have petitioned this House t…

office. That is a very important Petition because it will lead to regulation of those in the banking sector just as we are regulating doctors, lawyers and other professionals. It is only that the route they have followed is very long. The shortest route would have been to come with a Bill, either through Private Members or committee, so that it can be fast tracked. The route they have taken will …

Hon. Ferdinand Wanyonyi, Member for Kwanza.

Thank you, Hon. Deputy Speaker. I want to confirm that what Hon. Pukose has said is true because we share boundaries and at one time, I think this place was in Kwanza, but it was hived off. We are neighbours. This particular exercise is very dangerous and we have to take action as recommended by Hon. Pukose. We should do that very fast by having a committee, either from this House or wherever, to…

Member for Sigor, Hon. Peter Lochakapong.

Thank you, Hon. Deputy Speaker. I want to second the confirmation by Hon. Ferdinand Wanyonyi on the Petition presented by Hon. Pukose. Indeed, people in Chepchoina Scheme have suffered. It is even getting to a point of becoming a security risk. Therefore, Government officers that are involved in the double allotment and allocation of plots must be brought to book. Government officers, particularl…

I support the Petition by Hon. Pukose. Thank you very much.

Thank you. Next Order.

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

Next Order. Is Hon. Mukami present? Okay, she is here. Hon. Mukami, are you ready? Okay, you can allow me to reorder the Order Paper, then I will come to you so that we can put the Questions first. Hon. Members, allow me to reorder the Order Paper. We shall move to Order Nos.8, 9, 10 and 11, and then come back to Order Nos.6 and 7. Hon. Mukami, will you indulge us for a minute? Allow us.

[(Hon. Rahab Mukami spoke off the record)]

(Debate concluded on 29.11.2023 - Afternoon Sitting) (Question put and agreed to) (The Bill was read a Second Time and Committed to Committee of the whole House)

Next Order.

On a point of order, Hon. Deputy Speaker.

What is your point of order, Hon. Otiende Amollo?

Thank you, Hon. Deputy Speaker. My colleague and Co-chairman elsewhere, Hon. Chepkonga, should hold his horses. A point of order can arise anytime. That is why I was patient for the Order to be read. I need guidance on this Bill. I am aware that the Question is to be put on the Bill after the Committee of the whole House was concluded yesterday. However, I bring to your attention that on Tuesday, …

The substantive Speaker had given guidance on this point. But I can allow the Leader of the Majority Party, and Hon. Chepkonga, as the Chairman of the

Thank you, Hon. Deputy Speaker. It is good that Hon. Otiende has indicated that they had a PG meeting yesterday. I commend them for that. The best way to manage political parties is by holding constant PGs. However, you are aware that the substantive Speaker made a Communication yesterday and allowed us to proceed to the Committee of the whole House. That is why many of the issues were ably consid…

Hon. Chepkonga, I give you a chance as the Chairman of the

Thank you, Hon. Deputy Speaker. Hon. Otiende Amollo raised his issue with the Speaker. Thereafter, the Speaker made a comprehensive ruling with regard to the matters he raised. I also listened to him carefully. As a result of the issues that he raised, I also proposed very many amendments to the Conflict of Interest Bill. Fortunately, my amendments agreed with those of the Departmental Committee o…

[(Laughter)]

I put a close to this matter because the Speaker already pronounced himself and gave directions. Hon. Otiende’s only excuse is that he attended a PG and, therefore, was unable to participate in the Committee of the whole House. You cannot set back the entire House for your personal convenience. As a good legislator, you should have been here to represent your electorate. On that note, I will put …

Mover.

Hon. Deputy Speaker, I beg to move that the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) be now read a Third Time. I request Hon. Nelson Koech to second.

Thank you, Hon. Deputy Speaker, I second.

Hon. Members, I now propose the Question.

[(Question proposed)]

Put the Question!

[(Question put and agreed to)]

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

Next Order.

Next Order.

Hon. Members, as I had directed earlier, we now go back to Order No.6 on notice of Motion by the Member for Nyeri County. Clerks-at-the-Table, please, read the Order. (Hon. George Murugara, Hon. David Kiplagat and Hon. (Dr) Robert Pukose consulted loudly)

I beg to give notice of the following Motion: THAT, aware that most pupils in primary and secondary schools are currently facing ethical behavioural challenges, manifested in the rampant cases of drug and substance abuse, socially unacceptable sexual misadventures and anti- social behaviour that has contributed to their poor study habits, academic under- achievement and increased conflict with pa…

Thank you, Hon. Deputy Speaker, for giving me this opportunity.

from the Chairperson of the Departmental Committee on Administration and Internal Security regarding an attack on the Alinjugur Headquarters, Administration Police (AP) Camp in Fafi Sub-County by Al-Shabaab militants on 28th November 2023. On Tuesday, 28th November 2023, at around 2.45 a.m., the AP Camp which is the headquarters of Fafi Sub-County, Fafi Constituency, faced a reprehensible attack …

The Leader of the Majority Party is here. Yes. Let us proceed. Chairperson of the Departmental Committee on Finance and National Planning, you have a Response to a Question by Hon. David Kiplagat who is not listening. Hon. David Kiplagat, you had sought a Response. The Chairperson is on his feet to respond to you and you are distracted by the Member for Belgut. Proceed, Hon. Chair, now that I hav…

[(Hon. David Kiplagat consulted with Hon. Nelson Koech)]

Thank you, Hon. Temporary Speaker. I rise under Standing Order 44 (2) (c) . I quote:

to matters under the mandate of the Committee, which shall be made within twenty- one days of the request or such shorter period as the Speaker may direct.” I stood here on 25th October 2023, and sought for a Statement from the Departmental

Thank you. Any Member of the Departmental Committee on Housing, Public Works and Urban Development?

Yes.

The issue being raised by Hon. Omar Mwinyi, I am told, is before the Committee. Are you aware?

Yes, Hon. Temporary Speaker. I am the Vice-Chair of the Departmental Committee on Housing, Public Works and Urban Development.

Correct.

The matter that has been raised is within our docket and, yes, it has already arrived at our desk. We shall deliberate it and give the information that the Member requires.

Hon. Rindikiri, the order is that you give this response on Wednesday afternoon.

Wednesday afternoon? Yes, I will. We will try.

Next Order.

Thank you, Hon. Temporary Speaker. I rise to move: THAT, this House adopts the Report of the Departmental Committee on Finance and National Planning on its consideration of Sessional Paper No.2 of 2023 on the National Tax Policy, laid on the Table of the House on Thursday, 23rd November 2023, and approves Sessional Paper No.2 of 2023 on the National Tax Policy as recommended in the Report. Hon. …

You will have two more minutes.

This will also apply to double tax agreements. The debate we had yesterday about KRA and the airports is a result of the East African Community Customs Management Act, 2004. Our Constitution says that there cannot be taxation without representation, but the East African Community (EAC) Council of Ministers recommend particular taxes through the East African Community Customs Management Act, 2004, …

Proceed, Hon. Muriu.

Hon. Temporary Speaker, I second the proposed amendment to our taxation laws and policies. Any country that is in the threshold of economic take off must have certain taxation regimes that are predictable to enable that investors plan as they prepare to invest. Tax is one of the key lines of expenses for investors. Before any investor decides to invest in any venture, including mama mboga, he mus…

international money markets. In exercise of their sovereignties, the Governments in those countries are raiding citizens’ accounts and taking away money to pay and support their expenses. As we align our rules and regulations and streamline our taxation rules, I want Kenyans to understand that we must pay our debts and obligations, so that this country can survive and protect our citizens from the…

Hon. Muriu, you were seconding the Motion. Please go on record as having done so.

I am sorry, Hon. Temporary Speaker. I was seconding the Motion. I second.

[(Question proposed)]

Hon. John Mutunga will have the first bite of the cherry.

Thank you, Hon. Temporary Speaker. I wish to commend the Departmental Committee on Finance and National Planning for coming up with this Sessional Paper No.2 of 2023 on the National Tax Policy, which is a guideline for taxation in this country. The Mover and Seconder have articulated very well that unless we have predictability in the tax regimes, we dissuade our countrymen from doing a lot of bu…

without having a base, document or benchmark. This particular policy statement brings in that benchmark, which is key for us to compare Kenya with Uganda, Rwanda, Indonesia and other countries. In our packaging for investment from other countries or foreign direct investment, we shall talk clearly on having a reliable tax regime. People will not understand the incentives unless they are clearly ou…

Is Hon. Timothy Toroitich in the House?

Yes. Thank you, Hon. Temporary Speaker, for giving me an opportunity to contribute to this very important Motion. I rise to support this Sessional Paper No.2 of 2023 on the National Tax Policy. I am quite surprised because we do not have a National Tax Policy in this country and this is the first one. That is why there have been problems in this country, in respect of taxation. It is true that th…

Hon. Rindikiri Mugambi.

Thank you, Hon. Temporary Speaker. I support this tax policy. However, I would like to point out a few issues of concern in as far as taxes are concerned. There has been a very serious outcry from low-income earners in our country because of the impact that taxes have had on them in the absence of a tax policy. Our taxation regime does not take care of low-income earners. Taxation has discouraged …

problems of tax evasion. Many people evade paying taxes, which results in loss of revenue to the country. Once taxes are imposed, consumer prices shoot up, which affects everybody in the republic. Taxation can be an impediment to the economic growth of our country. This Policy will address those factors that have affected many Kenyans. It is true that once we have a tax policy, it will regulate th…

Very well. I see a lot of interest on this debate. I can see a number of interventions, including from great minds on economics and finance. However, the last bite will go to Hon. John Kawanjiku. The rest of the Members will have a bite on this next time. Proceed.

Thank you, Hon. Temporary Speaker for giving me this opportunity to contribute to this important Bill. I also want to be on record for congratulating the Chairman of the Departmental Committee on Finance and National Planning and his Committee for coming up with such a noble proposal that will move our country forward. Tax is a very emotive topic. We have a lot of backlashes from the community on …

loans and debts that are now overboard. We cannot sustain them anymore because we do not have enough revenue to run our country. This country belongs to all of us. We need development, and therefore, we should ensure that these taxes are put into correct use. After collecting enough revenue, we must make sure that the money is put into correct use. Hon. Temporary Speaker, corruption must be dealt…