National Assembly · Afternoon Sitting

Thursday, 7 December 2023

Session Summary

Members repeatedly raised the tragic loss of lives due to floods and the absence of adequate bridges, urging both short‑term measures such as training local divers and long‑term infrastructure projects. They called for a dedicated disaster‑management programme and better coordination between national and county authorities, while also highlighting ongoing security incidents in Soy constituency. Members of Parliament raised concerns about numerous stalled road projects, notably the Jomvu‑Rabai corridor and roads in Kericho, Kakamega and other regions, blaming delayed funding, contractor disputes and political interference. They urged the government and relevant ministries to fast‑track construction, citing safety, economic and social impacts on communities. The debate reflected widespread frustration and a call for accountability. The National Assembly debated and moved to adopt the Committee on Delegated Legislation’s report on the Proceeds of Crime and Anti‑Money Laundering Regulations 2023, which establish a Criminal Assets Recovery Fund. Members discussed procedural matters, the independence of the Asset Recovery Agency versus the EACC, and voiced support for the regulations as a means to curb illicit wealth influencing politics and the economy. The motion was seconded and proceeded to adoption.

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Hon. Deputy Speaker

I direct that the Quorum Bell be rung for 10 minutes. Hon. Members, please be seated. I order that the Quorum Bell be stopped. Let us proceed. For efficiency of the House, allow me to re-order the Order Paper. We will go straight to Order No.8, then Order No.9 followed by Order No.10. Thereafter, we shall come back to Order No.4 and proceed in the chronological order. Thank you.

[(The Quorum Bell was rung)]

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Deputy Speaker, 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 following Bills:

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Hon. Deputy Speaker

Proceed, Hon. Wangwe.

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Hon. Emmanuel Wangwe (Navakholo, ODM)

Thank you, Hon. Deputy Speaker. I rise to second the Procedural Motion. As Hon. Baya has clearly indicated, it is important at times for us, as Parliament, to look at where we are. The situation we are in today calls for us

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Hon. Emmanuel Wangwe (Navakholo, ODM)

one day, respectively. This will give room for flexibility, as indicated by the Deputy Leader of the Majority Party. I second.

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Hon. Members

Put the Question!

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Hon. Deputy Speaker

I can see that it is the mood of the House that I should put the question.

[(Question put and agreed to)]

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Hon. Ruku GK (Mbeere North, DP)

On a point of order, Hon. Deputy Speaker.

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Hon. Deputy Speaker

What is your point of order, Hon. Ruku?

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Hon. Ruku GK (Mbeere North, DP)

Hon. Deputy Speaker, the centrality of the Constitution is public participation. Public participation is extremely important, as provided for in the Constitution. My opinion is that this House is negating this key principle of public participation by approving the reduction of publication period for the Bills. Thank you, Hon. Deputy Speaker.

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Hon. Deputy Speaker

Hon. Ruku, you have jumped the gun. After this, the Bills will be subjected to public participation. The Committees will have about two months to consider the Bills. I think your fears are unwarranted. I think he is satisfied now. Thank you. Let us move to the next Order.

[(A Member spoke off the record)]

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Hon. Deputy Speaker

Member for Jomvu, Hon. Bady Bady. Your name reads like that on the screen.

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The Temporary Speaker (Mhe. Farah Maalim)

Naibu Kiongozi wa walio Wengi, endelea.

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Hon. Owen Baya (Kilifi North, UDA)

Asante sana, Mhe. Naibu Spika. Nimefurahi na kwa heshima ningependa kuwasilisha haya makaratasi kwa Meza ya Bunge: Hon. Temporary Speaker, I have to switch to English.

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The Temporary Speaker (Mhe. Farah Maalim)

Order! The Standing Orders are very clear that when you start your presentation in Swahili, you have to continue in Swahili and the same applies to English.

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Hon. Owen Baya (Kilifi North, UDA)

Asante sana, Mhe. Naibu Spika. Ningependa kuwasilisha haya makaratasi kwa Meze ya Bunge:

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The Temporary Speaker (Mhe. Farah Maalim)

La! Shule ya Upili ya Mombasa.

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Hon. Owen Baya (Kilifi North, UDA)

Asante Mhe. Spika wa Muda. Ninafurahi na kwa heshima ningependa kuwasilisha makaratasi haya kwa Meza ya Bunge.

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The Temporary Speaker (Hon. Farah Maalim)

Order. The rules are very clear that if you start in Kiswahili you will have to speak Kiswahili throughout. If you start in English, you end in the same language.

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Hon. Owen Baya (Kilifi North, UDA)

Ninawasilisha:

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The Temporary Speaker (Hon. Farah Maalim)

Endelea.

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Hon. Owen Baya (Kilifi North, UDA)

Mhe. Spika wa Muda, hii Ripoti ni ndefu na imeandikwa kwa lugha ya Kiingereza. Ningekuomba, kufikia pale 19 kwa ruhusa yako maalum, niendelee kwa lugha ya Kiingereza ili tufanye haraka.

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The Temporary Speaker (Hon. Farah Maalim)

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Hon. Owen Baya (Kilifi North, UDA)

Asante sana.

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The Temporary Speaker (Hon. Farah Maalim)

Before I move to the next order, I want to recognise the presence in the Public Gallery of pupils from Soin Primary School in Moiben. The boys and girls who are here have come to see how the legislative leadership of this country is transacting business. For sure, they are going to be the leaders of tomorrow and it is a good thing that they are here. I am going to give this opportunity to the Memb…

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Hon. Phylis Bartoo (Moiben, UDA)

Thank you, Hon. Temporary Speaker, for allowing me to welcome students from Soin Primary School in my constituency. They are students who just finished their Kenya Certificate of Primary Education (KCPE) examinations and passed exemplarily well. I thought it was important to give them an opportunity to come to Parliament to see where laws are made. It will help them improve their decisions on what…

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The Temporary Speaker (Hon. Farah Maalim)

Next Order.

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The Temporary Speaker (Hon. Farah Maalim)

There are two responses to statements today.

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Hon. Samuel Atandi (Alego Usonga, ODM)

On a point of order.

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The Temporary Speaker (Hon. Farah Maalim)

What is your point of order?

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Hon. Samuel Atandi (Alego Usonga, ODM)

Thank you, Hon. Temporary Speaker. I rise under Standing Order 35 to inform you that the House does not have quorum.

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The Temporary Speaker (Hon. Farah Maalim)

The House does not have quorum. Indeed, you are right. We cannot transact business without quorum. Serjeant-at-Arms, please, ring the Quorum Bell.

[(The Quorum Bell was rung)]

[(Hon. Samuel Atandi walked out of the chamber)]

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The Temporary Speaker (Hon. Farah Maalim)

Order, Hon. Atandi. Under the rules, if there is no quorum, only the Whips are allowed to go out. No Member of Parliament is allowed to leave the chamber. You have to stay within the chamber.

[(Loud consultations)]

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Hon. Gabriel Tongoyo (Narok West, UDA)

Yes, I do, Hon. Temporary Speaker. Can you jog the memory of the Members of Parliament? You also have a Statement.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Hon. Temporary Speaker, it is a Statement on Tragic Drowning...

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The Temporary Speaker (Hon. Farah Maalim)

A Statement on Tragic Drowning of Two Residents of Sigowet/Soin.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Yes. Okay. Give us the response.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Hon. Temporary Speaker, the Member I was consulting with is the one who requested for the Statement. I am happy to report that one body has already been retrieved. The search for the other one is ongoing. The Ministry has reached out to the county government to help with divers to continue helping the families to retrieve the body of their loved one. It has been established that 20 lives have bee…

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Hon. Gabriel Tongoyo (Narok West, UDA)

Hon. Members, the Chairman of the Departmental Committee on Administration and Internal Affairs will be heard in silence. Order, Hon. Members.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Thank you, Hon. Temporary Speaker. We are glad to report that one body has already been retrieved and the search for the other one is ongoing. The County Commissioner and the office of the National Government Administration Officers (NGAO) are in collaboration with the county government to help look for divers to continue looking for the other body. An ideal lasting solution is to provide a footb…

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The Temporary Speaker (Hon. Farah Maalim)

Hon. Kemei.

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Hon. Beatrice Kemei (Kericho County, UDA)

Thank you, Hon. Temporary Speaker. I thank Hon. Chairman for that response. I had three concerns but the third concern has not been addressed. What plans are in place to address compensation for the families of the victims? He has mentioned one of the comprehensive measures; to have the footbridge or footbridges because it is not one place. We need them from Sigowet/Soin to Bureti Sub-county cross…

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Hon. Beatrice Kemei (Kericho County, UDA)

Thank you, Hon. Temporary Speaker. I am guided. I believe this will be done. I will give an opportunity to Hon. (Dr) Makali Mulu. He will be followed by Hon. Justice Kemei, Member for Sigowet/Soin.

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Hon. (Dr) Makali Mulu (Kitui Central, WDM)

Thank you very much, Hon. Temporary Speaker. I have listened to the response of the Statement. We thank God because one body was found. Communities and parents are going through a very hard and traumatising time as a result of what is happening in the country. Too many people have been washed away by floods because most rivers do not have bridges. The proposal to construct these bridges is importa…

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

Hon. Temporary Speaker, this is a national issue. The issues we are raising here are just a fraction of the whole. The responses we are getting are also in small bits. If we leave alone this case in Kericho, the issue of floods and unpassable bridges affects the entire country. For example, people are carried away by floods in River Enziu every single time we have floods. Before the long rains thi…

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

Hon. Tongoyo, just take a minute to respond so that we move to the next Statement.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Thank you, Hon. Temporary Speaker. We all know that this did not happen only in Kericho. There are many more cases, especially as a result of the ongoing El Nino rains. The National Emergency Response Team deals with such problems globally. This is an issue that the Government has to speedily take action to see that there will be concerted efforts between both levels of government. The county gove…

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Hon. David Kiplagat (Soy, UDA)

On a point of order. What is your point of order, Hon. David Kiplagat?

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Hon. David Kiplagat (Soy, UDA)

Thank you, Hon. Temporary Speaker. I requested a Statement from the Departmental Committee on Administration and Internal Affairs more than two weeks ago. The Speaker ordered the Chairperson to… Unfortunately, that is a different matter.

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Hon. David Kiplagat (Soy, UDA)

No. It is a pertinent issue because a business lady lost her life. As we speak, robbers also clobbered one of the businessmen in that area and he is currently fighting for his life in hospital. The Chairperson has not responded to the first request yet the same wave of crime is still ongoing in my constituency. This raises pertinent issues as to the management of the security situation in Soy Cons…

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Hon. Gabriel Tongoyo (Narok West, UDA)

Thank you, Hon. Temporary Speaker. I am well guided. It is true that indeed we wrote to the Ministry seeking a response. We did a follow-up yesterday and they told us that they were still putting pieces together in collaboration with the responsible security agents and the NGAO. When will you have that response so that it is noted and scheduled on the Order Paper?

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Hon. Gabriel Tongoyo (Narok West, UDA)

We are breaking for recess, but we will follow the laid down procedures to relay it once we get it. Okay, I take note of that and I am sure you will do the needful. The next response is by the Chairperson for Defence, Intelligence and Foreign Relations, Hon. Nelson Koech. This is a response to a Statement sought by Hon. Janet Sitienei, the Member for Turbo.

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Hon. Nelson Koech (Belgut, UDA)

Hon. Temporary Speaker, I seek your indulgence on the same. The Speaker directed that I respond to it before 6th December 2023. Unfortunately, I think there was a misstep in the communication between my committee clerk and the Office of the Speaker. It took my call to find out where the problem was. Fortunately, it was still at the Table Office and was handed over to my committee clerk yesterday, …

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Hon. Nelson Koech (Belgut, UDA)

did not want a rushed response. I requested the Ministry of Defence to give a substantive response. We had not received any communication yet. Using your wisdom on when you will want the information made available, I am ready and willing to provide the information as soon as possible. It appears that it will only be possible after we come back from recess. I direct that it be given at the earlies…

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Hon. Nelson Koech (Belgut, UDA)

Well guided, Hon. Temporary Speaker. We will skip Order No.11 and go straight to Order No.12. I understand that Order No.12 is time-bound and we have to dispose it of immediately.

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Members, the time being 1.00