National Assembly · Afternoon Sitting

Thursday, 5 December 2024

Session Summary

Hon. Samuel Chepkong’a advocated for constitutional entrenchment of the NG-CDF, NGAAF and Senate Oversight Fund to safeguard their role in constituency development, affirmative action and legislative oversight. He highlighted past court rulings that declared the CDF Act unconstitutional and argued that a constitutional basis would ensure stability, accountability and value for money. The speech also criticised perceived judicial overreach and contrasted the funds' efficiency with other poorly managed institutions. Members of the National Assembly voiced strong support for amending the Constitution to entrench the NG‑CDF, NGAAF and the Senate Oversight Fund, citing their tangible benefits in education, security and inclusive development. They criticized the court’s ruling that declared the NG‑CDF unconstitutional and urged protection of these funds from political interference. The debate concluded with calls for unity and continued work on the ground for Kenyans’ benefit. Members raised concerns over alleged non‑transparent recruitment by the State Department for Diaspora Affairs and the high cost of farm feeds affecting dairy farmers, while also seeking up‑to‑date data on drug abuse from NACADA. The Speaker facilitated requests for statements and the sharing of documents, highlighting procedural cooperation despite criticism of outdated information.

H
Hon. Speaker

Hon. Members, there is no quorum. Serjeant-at-Arms, ring the Quorum Bell.

[(The Quorum Bell was rung)]

H
Hon. Speaker

We now have quorum. Clerk-at-the-Table. Members on their feet, take the nearest seats.

[(Several Hon. Members walked into the Chamber)]

H
Hon. Speaker

Affairs for consideration. As required by Standing Order 114(7A)(c), the Committee shall expeditiously invite and consider submissions from the Attorney-General, the commissions and independent offices established under Chapter 15 of the Constitution, and any other body with a law reform mandate. Additionally, to avoid further delay, the Committee is directed to submit its recommendations on the …

H
Hon. Dorice Donya (Kisii County, WDM)

On a point of order, Hon. Speaker.

H
Hon. Speaker

Is it on what I have just said?

H
Hon. Dorice Donya (Kisii County, WDM)

Yes, Hon. Speaker. You have wished everyone a Merry Christmas and since you may not be present during the debate, I would also like to extend my Christmas wishes from the people of Kisii. May it be a lovely occasion too. Hon. Speaker, this is for you, and I will wait for you to finish your consultations with the Leader of the Majority Party.

[(Hon. Kimani Ichung’wah consulted with the Hon. Speaker)]

[(Loud consultations)]

[(Laughter)]

H
Hon. Speaker

Thank you, Hon. Donya. I will come with you to Nyabururu Church.

H
Hon. Githinji Gichimu (Gichugu, UDA)

On a point of order, Hon. Speaker.

H
Hon. Speaker

Those of you who want to address this issue should wait until Hon. Chepkong’a addresses you. Yes, Hon. Gichimu.

H
Hon. Githinji Gichimu (Gichugu, UDA)

Thank you, Hon. Speaker. I humbly request that Hon. Mule and I, as the trailblazers of this proposal, be given priority to comment on it after the current sponsors have had an opportunity to present their views. We have already committed our proposal to the Committee.

H
Hon. Speaker

We will not only do that... As I said, your industry in this matter will not go in vain. When the Justice and Legal Affairs Committee considers this proposal, you and Hon. Mule will be invited to present your proposals, thus ensuring they become part of the Bill that will ultimately be brought to the Floor. The entire House acknowledged the good work that you did when you introduced the Motion. …

H
Hon. Julius Rutto (Kesses, UDA)

Thank you. I would like to remind you that, while you have made your remarks regarding this House, an important issue was raised some time ago by the Chairperson of the Departmental Committee on Finance and National Planning to the then presiding officer. That issue was then referred to you. It concerns how the two Houses are handling the cabinet secretaries. We realised that some cabinet secretar…

H
Hon. Speaker

Hon. Julius Rutto, I acknowledge the issue you raised. A matter of that nature is better handled administratively rather than to be subjected to a ruling on the Floor. I share your views, and I will address the issue administratively. I also receive numerous complaints from some members of the Executive about being invited to Parliament too often to the point that it sometimes conflicts with their…

[(Hon. Kassait Kamket spoke off the record)]

H
Hon. Speaker

Hon. Julius take the nearest seat. Hon. Members, I have a Message from the Senate on the approval of the nomination of Mr Gerald Nyaoma Arita for appointment to the position of Deputy Governor of the Central Bank of Kenya (CBK) .

H
Hon. Speaker

Pursuant to the provisions of Standing Order 41(4) relating to Messages from the Senate, I wish to report to the House that I have received a Message from the Senate regarding the approval of the nomination of Mr Gerald Nyaoma Arita for appointment to the position of Deputy Governor of the Central Bank of Kenya. You will recall that the approval hearings for the nominee for the position of Deputy…

H
Hon. Kimani Ichung’wah (Kikuyu, UDA)

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

H
Hon. Speaker

Thank you, Leader of the Majority Party. The Vice-Chairperson of the Departmental Committee on Education, Hon. Malulu Injendi.

H
Hon. Malulu Injendi (Malava, ANC)

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Education on its consideration of the Learners with Disabilities Bill, (Senate Bill No.10 of 2023) .

H
Hon. Speaker

Thank you. The Chairperson of the Departmental Committee on Justice and Legal Affairs. Hon. Mutuse.

H
Hon. Mwengi Mutuse (Kibwezi West, MCCP)

Hon. Speaker, the Chairperson is not in. We were supposed to table the joint Report on the National Dialogue Committee (NADCO) , but the Senate Co-Chairperson has not yet signed it. We request for more time, so that we can table the Report in the course of consideration of business this afternoon.

H
Hon. Speaker

Are you sure you will have it this afternoon?

H
Hon. Mwengi Mutuse (Kibwezi West, MCCP)

It is just awaiting a signature from the Senate Co-Chairperson, Sen. Wakili Sigei.

H
Hon. Speaker

Alert the Chair once it comes.

H
Hon. Mwengi Mutuse (Kibwezi West, MCCP)

I will do so, Hon. Speaker.

H
Hon. Speaker

Was there a notice of Motion, Hon. Mutuse? There was also a notice of Motion. Do the same reasons apply?

H
Hon. Mwengi Mutuse (Kibwezi West, MCCP)

The same reasons apply, Hon. Speaker.

H
Hon. Speaker

Next Order. Yes, Hon. Ruku.

[(Hon. Ruku GK spoke off the record)]

H
Hon. Ruku GK (Mbeere North, DP)

Hon. Speaker, I requested for a statement on 18th September regarding the payment of the last...

H
Hon. Speaker

Hold on. Are you on Statements?

H
Hon. Ruku GK (Mbeere North, DP)

Yes. I requested...

H
Hon. Speaker

Just hold on. Take your seat. Clerk-at-the-Table, skip Order No.7 for now. Go to Order Nos.8, 9, and 10, so that we can dispose of them before we proceed. Start with Orders Nos.9 and 10, so that I put the Question. After that, we will come back to Statements.

H
Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Speaker, I beg to move the following Procedural Motion: THAT, pursuant to the provisions of Section 13 of the Public Appointments (Parliamentary Approval) Act, 2011 relating to extension of period of consideration of nominees for appointment to a public office, this House resolves to extend the period for consideration of a Special Motion relating to the approval of nominees submitted by His…

H
Hon. Speaker

Hon. Mwenje.

H
Hon. Mark Mwenje (Embakasi West, JP)

Thank you, Hon. Speaker. I agree with the Leader of the Majority Party that there were some sticky issues that need to be resolved. I second the Procedural Motion.

H
Hon. Speaker

The Leader of the Majority Party has said that there were pending issues, but you are saying that there were sticky issues. Which one is it?

[(Hon. Kimani Ichung’wah spoke off the record)]

[(Laughter)]

H
Hon. Members

Put the Question!

[(Question put and agreed to)]

H
Hon. Speaker

Let us go back to Order No.7. Leader of the Majority Party, we will start with your Statement.

H
Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Speaker. This is the usual Thursday Statement. Today is a special Thursday since it is the last Thursday this year for normal Sittings. Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (a) , I rise to give the following Statement on behalf of the House Business Committee (HBC) , which met on Monday, 2nd December 2024, to prioritise business for consideration durin…

[(Applause)]

H
Hon. Kimani Ichung’wah (Kikuyu, UDA)

statements sought by Members of this House to cabinet secretaries who appeared to answer and respond. The questions and requests for statements are brought to the House on behalf of the people. I may not be able to list all the achievements, but allow me to sincerely register my thanks to the House for the work well done this year, and especially during this last part of the Session. As we recoll…

H
Hon. Speaker

We can call you even on Christmas Day!

H
Hon. Kimani Ichung’wah (Kikuyu, UDA)

That is why we are called to a high calling. I am certain even if you call Members on Christmas Day, they will be here for the service of humanity and the people of Kenya that have given them the high honour to represent them. On behalf of the House Business Committee, my family and the great people of Kikuyu Constituency, I take this opportunity to wish you all a happy festive season as you inte…

H
Hon. Speaker

Member for Suna West, we are on Statements.

H
Hon. Peter Masara (Suna West, ODM)

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 capitation to schools, textbook-to-pupil ratio, and the state of early childhood development and education (ECDE) programmes. The country has made remarkable strides in expanding access to education through initiativ…

H
Hon. Speaker

Thank you, Hon. Masara. Chairman of the Departmental Committee on Education. I thought I saw Hon. Melly here. Hon. Malulu Injendi.

H
Hon. Malulu Injendi (Malava, ANC)

Yes, Hon. Speaker.

H
Hon. Speaker

You will bring the response during the first week upon resumption.

H
Hon. Malulu Injendi (Malava, ANC)

Thank you, Hon. Speaker.

H
Hon. Speaker

Hon. Amina Udgoon, Member for Garissa County.

H
Hon. Amina Siyad (Garissa County, JP)

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 Finance and National Planning regarding the management of pension funds by the National Social Security Fund (NSSF) . The NSSF is a statutory body that is mandated to register members, receive their contributions, manage funds of the sch…

H
Hon. Speaker

Thank you, Hon. Udgoon. Chairman of the Departmental Committee on Finance and National Planning. Mhe. Naomi, Mwenyekiti wa Kamati yako ako wapi?

H
Hon. Naomi Waqo (Marsabit County, UDA)

He has not yet arrived.

H
Hon. Speaker

Inform him to respond during the first week upon resumption.

H
Hon. Naomi Waqo (Marsabit County, UDA)

I will. Thank you.

H
Hon. Speaker

Hon. Joshua Kandie.

H
Hon. Joshua Kandie (Baringo Central, UDA)

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson

H
Hon. Joshua Kandie (Baringo Central, UDA)

of the Departmental Committee on Labour, regarding the recruitment of officers to the State Department for Diaspora Affairs.

H
Hon. Speaker

Hold on, Hon. Kandie. What is your point of order, Hon. Amina?

H
Hon. Amina Siyad (Garissa County, JP)

Hon. Speaker, I do not have a point of order. I want to say something on the request for statement.

H
Hon. Speaker

We are done with your request for statement.

H
Hon. Amina Siyad (Garissa County, JP)

I know, Hon. Speaker. Give me one minute to say something. The NSSF now collects 12 per cent of the workers’ salaries. I would like the Departmental Committee on Finance and National Planning and the Departmental Committee on Social Protection to invite me in that meeting so that I can take part in it.

H
Hon. Speaker

When the Departmental Committee on Finance and Planning Committee sits, they will invite you. It is given.

H
Hon. Amina Siyad (Garissa County, JP)

Thank you, Hon. Speaker.

H
Hon. Speaker

Hon. Kandie.

H
Hon. Joshua Kandie (Baringo Central, UDA)

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 Labour regarding the recruitment of officers in the State Department for Diaspora Affairs. Article 232 (1) (i) of the Constitution enshrines the values and principles of public service, which include the provision of adequate and equal opp…

H
Hon. Speaker

Hon. Karemba, that is to you. First week upon resumption?

H
Hon. Muchangi Karemba (Runyenjes, UDA)

Yes. I undertake that we will look into his request for statement, Hon. Speaker.

H
Hon. Speaker

Thank you. You also have a request for statement.

H
Hon. Muchangi Karemba (Runyenjes, UDA)

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 Agriculture and Livestock regarding the high cost of farm feeds. Dairy farming is crucial in ensuring food security and economic stability in the country. Sadly, the industry faces several challenges that have crippled the farme…

H
Hon. Speaker

Thank you. Chairman, Departmental Committee on Agriculture and Livestock. Where is Hon. (Dr) Mutunga? Hon. Naomi, inform the Chairman.

H
Hon. Naomi Waqo (Marsabit County)

Yes, Hon. Speaker, I will inform him. I am sure once we come back from recess, the Committee will be able to give us a report.

H
Hon. Speaker

Thank you.

T
The Temporary Speaker (Hon. Farah Maalim)

Hon. Members, I now call upon the Chairperson to report to the House.

H
Hon. Peter Kaluma (Homa Bay Town, ODM)

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Start-up Bill, (Senate Bill No. 14 of 2022) up to Clause 27, and approved the same with amendments, and seeks leave to sit again.

T
The Temporary Speaker (Hon. Farah Maalim)

Mover of the Bill to move the agreement with the Report.

H
Hon. Irene Mayaka (Nominated, ODM)

Hon. Temporary Chairman, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Marianne Kitany to second the Motion for agreement with the report of the Committee of the whole House.

T
The Temporary Speaker (Hon. Farah Maalim)

Hon. Marianne.

H
Hon. Marianne Kitany (Aldai, UDA)

I second. Hon. Temporary Speaker, I beg to move that the Motion for the agreement with the report of the Committee of the whole House be amended by inserting the words “subject to recommittal of Clause 9”. I also request Hon. Oundo to second.

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

I second.

[(Question proposed)]

T
The Temporary Speaker (Hon. Farah Maalim)

Hon. Members, I cannot put the Question because there is a recommittal. I direct that the Question will be put at an appropriate date in future.

[(Putting of the Question deferred)]

H
Hon. (Dr) Jackson Kosgei (Nominated, UDA)

Thank you, Hon. Temporary Speaker. First, I want to congratulate the Member for bringing this proposal to entrench those funds in the Constitution. It has been said that shared prosperity in a nation enhances two important things. First, it enhances national pride in its citizens. It also brings about inclusivity in the society because everybody feels like they belong to that country. One thing t…

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Mulanya Geoffrey.

H
Hon. Geoffrey Mulanya (Nambale, Independent)

Thank you, Hon. Temporary Speaker, for giving me this opportunity to support this Motion. I congratulate Hon. Chepkong’a for bringing this Motion so that we can amend the Constitution to entrench NG-CDF in the Constitution. When the court delivered its ruling and declared NG-CDF unconstitutional, I was surprised. When I analysed further, I realised that the judges are out of touch with reality and…

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Sabina Chege.

H
Hon. Sabina Chege (JP, Nominated)

Thank you, Hon. Temporary Speaker. I join my colleagues in congratulating Hon. Chepkong’a and the team. NG-CDF has really brought development on the ground. I cannot forget NGAAF that we as Woman Representatives fought for, so that County Woman Members can have an impact on the ground. Though not many people speak about it maybe because of the numbers, NGAAF has a direct impact on our youth and mo…

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Francis Sigei, then Hon. Jematiah.

H
Hon. Francis Sigei (Sotik, UDA)

Hon. Temporary Speaker, thank you very much for giving me this opportunity to support my colleagues on this very important amendment. I thank Hon. Chepkong’a, Member for Ainabkoi, for coming up with this proposal. NG-CDF is the most popular fund at the grassroots. It is the real devolution in this country. Anybody opposing the Fund is fighting the poor of the poorest. We are very happy that we wi…

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Jematiah.

H
Hon. Jematiah Sergon (Baringo County, UDA)

Thank you, Hon. Temporary Speaker. I rise to support this Motion on the entrenchment into the Constitution of counties and constituencies funds. I want to speak for NGAAF. Hon. Temporary Speaker, I must say the proponents of the Constitution were misguided. The funds that County Woman Representatives get in NGAAF are very little. Even as we entrench it in the Constitution, we really want it to be…

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Clive Gisairo.

H
Hon. Clive Gisairo (Kitutu Masaba, ODM)

Thank you, Hon. Temporary Speaker. The debate about the constitutionalisation of NG-CDF is long overdue. This is something that should have been done a long time ago. It is a Fund that touches every village in this country. It educates the poor, builds infrastructure that can be seen and outlives any parliamentary session. Therefore, it should not be fought by anyone. We should all support it beca…

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Rahab Mukami will be followed by Hon. Paul Biego, Hon. Joseph Lelmengit and then Hon. Timothy Toroitich who will contribute in one minute each.

H
Hon. Rahab Mukami (Nyeri County, UDA)

Thank you, Hon. Temporary Speaker, for giving me this chance to contribute. I congratulate the Member for bringing this amendment, especially for NGAAF. I support my colleagues because County Woman Representatives need more money to empower women. When you do it, you empower the society. I also support NG-CDF. When you go on the ground, you will see many projects, courtesy of NG-CDF. It is used t…

T
The Temporary Speaker (Hon. Peter Kaluma)

Next is Hon. Paul Biego.

H
Hon. Paul Biego (Chesumei, UDA)

Thank you, Hon. Temporary Speaker. I rise to support this legislative proposal to entrench NG-CDF and NGAAF in the Constitution. As we are all aware, those funds have a vote on bursary which is open to local primary schools, secondary schools and tertiary institutions. It accommodates a wide range of education beneficiaries, including post-graduate students. The NG-CDF and NGAAF advocate for acco…

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Josses Lelmengit.

H
Hon. Josses Lelmengit (Emgwen, UDA)

Thank you, Hon. Temporary Speaker. I rise to support this legislative proposal to entrench NG-CDF in the Constitution. As much as it promotes quality education, I do not want to forget localised development. With NG-CDF, Hon. Temporary Speaker, we have numerous businesses and contracts that benefit the local mwananchi. I support this because it will decentralise development and help build young e…

T
The Temporary Speaker (Hon. Peter Kaluma)

H
Hon. Timothy Kipchumba (Marakwet West, Independent)

Hon. Temporary Speaker, I rise to support the anchoring of the NG-CDF and NGAAF in the Constitution because once they are entrenched, the court cannot declare the Constitution of Kenya unconstitutional. What I oppose is anchoring the Senate Oversight Fund in the Constitution. That is akin to saying that we want to create a fund for the Members of the National Assembly to oversee the Executive in …

T
The Temporary Speaker (Hon. Peter Kaluma)

The time has been short, Hon. Members, for us to adequately speak to the matter but, as and when it matures, we will have all the time to debate it. Let me, on behalf of the Speaker and the leadership of Parliament, commend and thank all of you for the very active engagement we have had during this Session. As you go home, enjoy your Christmas.

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Members, the time being 7.07