National Assembly · Morning Sitting

Thursday, 6 June 2024

Session Summary

The debate focused on the Statute Law (Miscellaneous Amendments) Bill, with Hon. George Murugara outlining a range of amendments—from royalties and scrap metal regulation to public‑private partnerships and welfare provisions for parliamentarians and judges—seeking broad support. Hon. Farah Maalim reinforced the need for stricter controls on scrap metal theft, industrialisation, and equitable development for historically marginalised northern regions, urging the House to pass the bill. Members expressed support for the Miscellaneous Amendment Bill while highlighting shortcomings in its provisions on scrap metal licensing, labour export mechanisms, and power infrastructure coordination between KP and REREC. They called for clearer regulations, better enforcement, and improved inter‑agency collaboration, especially concerning fisheries governance. Members debated the Statute Law (Miscellaneous Amendments) Bill, praising provisions such as allowing men to adopt children while urging safeguards, and calling for integration of Kenya Power and REREC to improve rural electricity access. They also highlighted the need for greater youth employment through the National Employment Authority and voiced strong opposition to the proposed winding up of NUPEA and its merger with the Ministry of Energy, warning it could undermine nuclear energy programmes.

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Hon. Deputy Speaker

I direct the Serjeant-at-Arms to ring the Quorum Bell for 10 minutes. Serjeant-at-Arms, you may stop the Bell. Let us proceed to the first Order.

[(The Quorum Bell was rung)]

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Hon. Deputy Speaker

Hon. Members, pursuant to the provisions of Standing Order 41, I wish to report to the House that I have received a Message from the Senate regarding the approval of the Mediated Version of the Division of Revenue Bill (National Assembly Bill No.14 of 2024) by the Senate. Hon. Members, you may recall that the Bill was committed to the Mediation Committee pursuant to Article 112 (1) (b) of the Con…

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Hon. Naomi Waqo (Marsabit County, UDA)

Hon. Deputy Speaker, I beg to lay the following papers on the Table: Reports of the Auditor General and Financial Statement for the year ended 30th June 2023 and the certificates therein in respect of:

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Hon. Deputy Speaker

Next Order. The Chairperson of the Departmental Committee on Health.

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Hon. Robert Pukose (Endebess, UDA)

Thank you, Hon. Deputy Speaker. I beg to lay the following Papers on the Table: Reports of the Departmental Committee on Health on:

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Hon. Deputy Speaker

We have a personal Statement from Hon. Emmanuel Wangwe, the Member for Navakholo.

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Hon. Emmanuel Wangwe (Navakholo, ODM)

Hon. Deputy Speaker, pursuant to the provisions of Standing Order 44 (2) (e) , I wish to make a personal Statement regarding the passing on of my beloved mother, Mama Agneta Nerima. Very few things leave an indelible mark on the heart of an African man, like the death of a mother. We all remain children of our mothers, irrespective of age, rank, and status in society. When I received the devastat…

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Hon. Deputy Speaker

I express our deepest condolences from the House and myself. Next Statement. We have a Statement by Hon. Edward Muriu, Member for Gatanga.

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Hon. Wakili Edward Muriu (Gatanga, UDA)

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

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Hon. Wakili Edward Muriu (Gatanga, UDA)

Departmental Committee on Finance and National Planning regarding the inordinate delay by Kenya in ratifying the agreement for the establishment of the Africa Finance Corporation (AFC). AFC was established on 28th May 2007 as a multilateral development finance institution dedicated to promoting private sector-led infrastructural investment across the African continent. Its mission is to address A…

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Hon. Deputy Speaker

Thank you. Next, we have a Statement by the Member for Loima. Is the Departmental Committee on Lands Chairperson here or someone from the Committee? I have not seen anyone from the Committee. We shall be informed by the Clerks-at-the-Table. We can proceed with Hon. Protus Akujah, Member for Loima.

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Hon. Protus Akujah (Loima, UDA)

Hon. Deputy Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request a Statement from the Chairperson of the Departmental

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Hon. Protus Akujah (Loima, UDA)

that I request a statement from the Chairperson of the Departmental Committee on Social

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Hon. Deputy Speaker

Chairperson or any Member of the Social Protection Committee? Please give Hon. Suleka the microphone.

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Hon. Suleka Harun (Nominated, UDM)

Thank you, Hon. Deputy Speaker. We shall get back to this Member in three weeks.

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Hon. Deputy Speaker

We can now go to our last Statement. Hon. Abdi Ali, Member for Ijara Constituency.

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Hon. Abdi Ali Abdi (Ijara, NAP-K)

Hon. Deputy Speaker, pursuant to the provision of Standing Order 44 (2) (c) , I rise to request a Statement from the Chairman of the Departmental Committee on Energy regarding power outages in Masalani and Ijara Wards in Ijara Constituency. For the last three months, Masalani and Ijara towns of Ijara Constituency have been experiencing power outages that sometimes last for 30 days. The outages ar…

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Hon. Deputy Speaker

Thank you.

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Hon. Deputy Speaker

As we wait for the next Order, let me take this opportunity to recognise the presence of students from Bavuni Secondary School, Bahati Constituency, Nakuru County, seated in the Public Gallery. On my behalf and that of the entire National Assembly, we welcome you all to observe the Proceedings of the National Assembly. Thank you. Next Order. What is your point of order, Hon. Mulyungi?

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Hon. Gideon Mulyungi (Mwingi Central WDM)

Hon. Deputy Speaker, yesterday the Chairperson of the Departmental Committee on Administration and Internal Affairs gave responses to the Statements, but you did not give us time to react to them. I, therefore, want to be given the opportunity.

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Hon. Deputy Speaker

I think there was no one to respond to it. I do not know whether the Chairperson is here.

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Hon. Gideon Mulyungi (Mwingi Central WDM)

He has just walked to the back office.

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Hon. Deputy Speaker

Proceed with what you wanted to raise. I will indulge him later.

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Hon. Gideon Mulyungi (Mwingi Central WDM)

The Chairperson, Hon. Tongoyo,

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Hon. Deputy Speaker

Since the Chairperson walked out, I will ask the Leader of the Majority Party to respond. Are you a Member of the Committee? What is your point of Order?

[(Hon. Abdi Ali Abdi spoke off the microphone)]

[(Hon. Abdi Ali Abdi rose on a point of order)]

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Hon. Abdi Ali Abdi (Ijara, NAP-K)

Thank you, Hon. Deputy Speaker. I have just raised a very sensitive statement regarding Kenya Power. I want a commitment from the Chairperson or any Member of the Departmental Committee on Energy in terms of the number of days or weeks. I want to concur and follow what my colleague has said. Yesterday, we got a Report from the Chairperson of the Departmental Committee on Administration and Intern…

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Hon. Abdi Ali Abdi (Ijara, NAP-K)

The Statement that the Chairman raised was too general. I request your guidance on that matter because the families of the two people missing in Ijara Constituency request for their people, alive or dead. At least, I request proper investigation involving multi-agency teams to get feedback to the affected families. Thank you very much.

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Hon. Deputy Speaker

Thank you. Because the Chairman of the Departmental Committee on Administration and Internal Affairs is not here the Leader of the Majority Party, through the Whip of the Majority Party, will ensure that the matter raised is taken to the Committee and we have The Hansard records of what the Members raise. When he is present at the next Sitting, we shall ask for a commitment from the Chairman of th…

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Hon. Farah Maalim (Dadaab, WDM)

Point of order.

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Hon. Deputy Speaker

What is your point of order, Hon. Farah?

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Hon. Farah Maalim (Dadaab, WDM)

Hon. Deputy Speaker, I wish to add my voice to what the Member for Ijara has said. One of the biggest landmarks and earth-shaking commitments we got from this Government and our President, William Ruto, was that there was not going to be any more enforced disappearances. It was the hallmark of the previous Government. Many people are now missing. They were just plugged out of their homes and we do…

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Hon. Deputy Speaker

Thank you. Let us proceed to the next Order. There is a Procedural Motion. Chairman of the Budget and Appropriations Committee, we are back to Order No.8.

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Hon. Ndindi Nyoro (Kiharu, UDA)

I beg to move the following Procedural Motion: THAT, pursuant to the provisions of Standing Order 120, this House resolves to reduce the publication period of the Supplementary Appropriation Bill (National Assembly Bill No.32 of 2024) from seven days to one day. The justification is that, as Members are aware, we are burning the midnight oil to complete the processes ahead of us. Yesterday, Member…

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Hon. Ndindi Nyoro (Kiharu, UDA)

Information System (IFMIS) does not work technically. We could end up effecting changes when IFMIS is also releasing funds on the other side. We need the country and the National Treasury to operate properly. That is more reason to hasten the conclusion of the Supplementary Estimates. It is for IFMIS to start working normally and the monies we are appropriating in the Supplementary Estimates come…

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Hon. Silvanus Osoro (South Mugirango, UDA)

Thank you very much. As I said yesterday, we have a limited time in this Session. We only have Sittings this month. We will again go for a short recess early next month. That means we have to sacrifice everything, including condensing what we consider vital, to finish everything in time. That is why the publication of the Supplementary Appropriations Bill should be reduced from seven days to one. …

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Hon. Deputy Speaker

Have you seconded?

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Hon. Silvanus Osoro (South Mugirango, UDA)

Yes.

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Hon. Deputy Speaker

I did not hear you say I beg to second.

[(Question proposed)]

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Hon. Members

Put the question!

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Hon. Deputy Speaker

I can allow one contribution from Hon. Nyikal.

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Hon. (Dr) James Nyikal (Seme, ODM)

Thank you, Hon. Deputy Speaker. We understand that we may have to move things faster because of the process we have. To that extent, I support the fast-tracking. However, we should take something as a general principle. I know we are moving very fast towards the next item, the 2024/2025 Budget Estimates. However, it is an important principle that Members know the document. This document has just a…

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Hon. Deputy Speaker

Thank you.

[(Question put and agreed to)]

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Hon. Deputy Speaker

Second Reading

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Hon. Deputy Speaker

Mover.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Thank you very much, Hon. Deputy Speaker. I beg to move that the Supplementary Appropriations Bill (National Assembly Bill No.32 of 2024) be now read a Second Time. As Hon. Nyikal has put it, the Bill before us is exactly what we were debating yesterday. I do not need to belabour the point. We now have Supplementary II. It is for tidying up Government finances, especially giving cognisance to the…

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Hon. Mary Emaase (Teso South, UDA)

I second.

[(Question proposed)]

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Hon. Members

Put the question!

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Hon. Deputy Speaker

Leader of the Minority Party, I will give you a few minutes.

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Hon. Opiyo Wandayi (Ugunja, ODM)

Whereas I agree, Hon. Deputy Speaker, that we need to put the Question, I thank you for indulging me to say one or two things. First and foremost, I commend the work of the Budget and Appropriations Committee in the last couple of weeks…. (Hon. Ndindi Nyoro consulted

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Hon. Opiyo Wandayi (Ugunja, ODM)

with the Clerks-at-the-Table)

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Hon. Deputy Speaker

Chairperson of the Budget and Appropriations Committee, you are being addressed.

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Hon. Opiyo Wandayi (Ugunja, ODM)

I do not know if he is listening to me. Members are listening.

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Hon. Deputy Speaker

Proceed.

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Hon. Opiyo Wandayi (Ugunja, ODM)

Hon. Deputy Speaker, I commend the Budget and Appropriations Committee for the good work it has done in the last couple of weeks. I can see my friend, Hon. Babu Owino. I do not know which other members of that Committee are here. Hon. Mwashako, the Chairman of Coast Parliamentarians, Hon. Atandi, Hon. Ruth Odinga and many other Members are here. They have done an exceptional job in the last couple…

[(Hon. David Ochieng’ spoke off the record)]

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Hon. Opiyo Wandayi (Ugunja, ODM)

Hon. Ochieng’, you agree with me that political parties are critical institutions of governance. They are institutions that we must strive to strengthen as a House. I am a proud member of the Orange Democratic Movement (ODM) party. I am not only a member but a ranking member. I hope that all of us who belong to various political parties will see sense in ensuring that we protect those parties. The…

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Hon. Deputy Speaker

Before we proceed, I can see that there is a point of order by the Hon. Deputy Leader of the Majority Party.

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Hon. Owen Baya (Kilifi North, UDA)

Thank you, Hon. Deputy Speaker. Allow me to thank the Hon. Deputy Leader of the Minority Party for supporting the Appropriations Act. That is the spirit of democracy where you give and take. He has raised a very important point. Political Parties are the anchor of democracy in this Country and that anchor can never be destroyed. If we destroy these political parties, the anchor for democracy, this…

[(Laughter)]

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Hon. Deputy Speaker

Thank you. Next Order.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Thank you, Hon. Temporary Chairman. I beg to move: THAT, the First Schedule to the Bill be amended—

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Hon. (Dr) James Nyikal (Seme, ODM)

Thank you. Whereas I agree with the Chairperson that we are doing alignment, do we have it on record that this does not make any firm change in the amounts in the affected areas? Will everything in the document remain as we had discussed yesterday? The Temporary Chairman : Hon. Chairperson, kindly confirm that this is what we passed yesterday and that no vote is losing or gaining. Hon. Ndindi N…

[(Hon. David Ochieng)]

[(Question, that the words to be left out be left out, put and agreed to)]

[(Question, that the words to be inserted in place thereof be inserted, put and agreed to)]

[(Hon. David Ochieng’)]

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Yes. The Temporary Chairman : Yes, Leader of the Majority Party.

[(Hon. David Ochieng’)]

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Temporary Chairman. We have consulted with the Chairman of the Departmental Committee on Education and Research. Considering that we have only about three weeks to the end of the financial year and the foreseeable challenges with Ex-chequer releases, we have agreed to address the concerns regarding university funding figures in the next financial year, starting next week. I, there…

[(Hon. David Ochieng’)]

[(Proposed amendment by Hon. Kimani Ichung’wah dropped)]

[(First Schedule as amended agreed to)]

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

The Temporary Chairman (Hon. David Ochieng’): Hon. Chairman.

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Hon. Ndindi Nyoro (Kiharu, UDA)

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Hon. Temporary Chairman, I beg to move

THAT, the Second Schedule to the Bill be amended—

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Hon. Ndindi Nyoro (Kiharu, UDA)

Thank you very much, Hon. Temporary Chairman. I thank my brother and our leader, Hon. Kimani Ichung’wah. We had a discussion and the same Vote that he was very concerned that it was not funded, has been funded adequately. That is in regard to the recently concluded African Diamond Bank (ADB) Group Conference.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Just for the record, what we have done is to recommend an amendment to the Supplementary Appropriation Bill 2024 (National Assembly Bill No.32 of 2024). Under Vote R1071, there is an emerging need to settle the outstanding pending bill for the recently concluded ADB Group Conference held at KICC. I recommend reallocation of item 1071001302 (Public Sector Accounting Standards Boards), Ksh240 milli…

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Hon. (Dr) James Nyikal (Seme, ODM)

On a point of order, Hon. Temporary Chairman. The Temporary Chairman : What is out of order, Hon. Nyikal?

[(Hon. David Ochieng’)]

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Hon. (Dr) James Nyikal (Seme, ODM)

I seek to be guided. From what I heard, it sounds like we are having an amendment after we had concluded. Is that in order? If it needed to be changed… The Temporary Chairman : There was no amendment. He was just expressing his agreement with what was earlier dropped.

[(Hon. David Ochieng’)]

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Hon. (Dr) James Nyikal (Seme, ODM)

Was he explaining what was earlier dropped by the Leader of the Majority Party? The Temporary Chairman : Correct.

[(Hon. David Ochieng’)]

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Hon. (Dr) James Nyikal (Seme, ODM)

Okay. Thank you. The Temporary Chairman : Hon. Members, that marks the end of the Committee of the whole House on the Supplementary Appropriation Bill (National Assembly Bill No.32 of 2024) . I, therefore, call upon the Mover to move reporting.

[(Hon. David Ochieng’)]

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Hon. Ndindi Nyoro (Kiharu, UDA)

Hon. Temporary Chairperson, I beg to move that the Committee do report to the House its consideration of the Supplementary Appropriation Bill (National Assembly Bill No.32 of 2024) and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

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Hon. Deputy Speaker

The Temporary Chairman, you may report.

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Hon. David Ochieng’ (Ugenya,)

Hon. Deputy Speaker, I beg to move that the Committee of the whole House has considered the Supplementary Appropriation Bill (National Assembly Bill No.32 of 2024) and approved the same with amendments.

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Hon. Deputy Speaker

Mover.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee in the said report. I request the Member for Kikuyu Constituency and Leader of the Majority Party, Hon. Kimani Ichung’wah, to second.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Deputy Speaker, I second. Allow me to thank Hon. Members for the devotion that they have shown despite this being a morning sitting on a Thursday. It is unusual that Hon. Members were here in time. I also thank the Members of the Budget and Appropriations Committee for their continued commitment in this work, as well as our very diligent staff from the Parliamentary Budget Office. Hon. Deput…

[(Question proposed)]

[(Question put and agreed to)]

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Hon. Deputy Speaker

Mover to reply.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Thank you very much, I beg to move that the Supplementary Appropriation Bill National Assembly Bill No.34 of 2024 be now read a Third Time. Hon. Deputy Speaker I also thank every Member of this House for being very supportive throughout the process. Your insights have enriched the entire budget making process and especially in regard to Supplementary Estimates II. I also thank all the departmenta…

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Hon. Ndindi Nyoro (Kiharu, UDA)

I also thank the Members of Budget and Appropriations Committee; they have been tirelessly working for two-and-half weeks. Some have actually not been going home because we have been working day and night to see this process complete. When I see Hon. Naisula being bright today I wonder why because she is supposed to be sleepy. She has been working throughout and I wonder when they get some rest. …

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Hon (Dr) George Murugara (Tharaka, UDA)

Thank you very much Hon. Deputy Speaker of the National Assembly. Before I second allow me to thank and commend the Chair of the Committee on Budget and Appropriations because he may not be able to thank himself for the incredible work he has done in speed and dedication. Allow me to also thank the Members of Parliament who have moved this in speed it deserves. Let the Government get the Suppleme…

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Hon. Deputy Speaker

Hon. Members Hon. Mwasio, what do you want to say?

[(Question proposed)]

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Hon (Dr) James Nyikal (Seme, ODM)

Hon. Deputy Speaker may I also appreciate the work that the Committee and the Chair has done. I also want to stress what the Leader of Majority Party said earlier that the Treasury must make sure that there is Ex-Chequer release otherwise it will be a waste of time for us to sit and pass supplementary budget and they do not release the Exchequer. Number two, is for the MDAs that have asked for mo…

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Hon (Dr) Robert Pukose (Endebess, UDA)

Point of Order.

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Hon. Deputy Speaker

Yes, what is your point of order Hon. Pukose?

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Hon (Dr) Robert Pukose (Endebess, UDA)

Most Members had contributed on this and remember we were here until late in the evening. May I ask that the Mover be called upon to reply.

[(Hon. Members spoke off the record)]

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Hon. Deputy Speaker

Is that the mood of the House?

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Hon. Members

Yes.

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Hon. Deputy Speaker

Okay, Mover you may reply. Hold on Hon. Ndindi. Hon. Members, Mover you now have the authority.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Thank you very much. As I said in the beginning when we were moving this motion for the benefit of Members who were not here yesterday afternoon, I want to state that the budget we have passed in the second reading is Ksh4.006 trillion. We have done something that has never happened in the entire budget making process in Kenya, in the recorded history that this House passed the BPS level of the bu…

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Hon. Ndindi Nyoro (Kiharu, UDA)

As I conclude, we have added monies to the National Government – Constituency Development Fund (NG-CDF) as Members can see, from Ksh53 billion in this current financial year to Ksh62.9 billion Kenya shillings and therefore Kenyan parents are going to get much more in bursaries, infrastructure for our education sector and boosted infrastructure for our security sector which is the domain of NG-CDF.…

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The Temporary Speaker (Hon. David Ochieng’)

Hon. Members, this marks the end of a very eventful period, in my opinion. Next Order.

[(Question put and agreed to)]

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

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Members, the time being