National Assembly · Afternoon Sitting
Tuesday, 10 February 2026
The Speaker opened the Fifth Session, confirming quorum and outlining upcoming briefings on security and education oversight, while reminding members of lapsed business from the previous session. He praised the House Legislative Caucus for defending the NG-CDF in court and announced presidential nominations for the UNEP Permanent Representative and the Public Service Commission Chair, referring them to the appropriate committees. A member’s request for condolences for a deceased colleague was acknowledged. Members praised the Court of Appeal and Supreme Court judgments that confirm Parliament’s oversight role over the NG‑CDF, lauding the legal team for securing a decision that benefits the poorest Kenyans. The debate highlighted the fund’s importance for education and community development while reaffirming MPs’ responsibilities and procedural matters such as laying a paper on NG‑CDF disbursement. Members of the National Assembly offered heartfelt condolences and eulogies for the late Hon. Hamisi Denar, highlighting his character, service, and personal kindness. The Speaker facilitated the tributes and then moved on to procedural matters, granting time for comments on the National Government Constituencies Development Fund and noting a request from the Legislative and Litigation Caucus. The session concluded with brief exchanges about members' professional backgrounds.
Serjeant-at-Arms, ring the Quorum Bell. The Whips of the Majority and the Minority Parties, do your work. Hon. Members, we now have quorum to transact business.
[(The Quorum Bell was rung)]
Thursday, 12th February 2026, at 10.00 a.m., to brief Members on the state of security. That is the day after tomorrow. With respect to the education sector, you will recall that we agreed that the Departmental Committee on Education shall undertake continuous oversight of implementation of the agreed measures on financing, infrastructure, staffing, enforcement, and equity in that sector. The Com…
Manager to the term of Parliament. We celebrate the decision of the three judges of the Court of Appeal to side with the people and their representatives. As I have reiterated time and again, NG-CDF remains the most impactful national intervention on the lives of the common mwananchi since Independence. I commend the work of the House Legislative Caucus that is ably co-chaired by Hon. Otiende Amo…
Hon. Members, I have a Message from His Excellency the President on nomination of persons for appointment to State offices. Pursuant to the provisions of Standing Order 42 (1) , I wish to report to the House that I have received two Messages from His Excellency the President seeking approval of persons nominated for appointment to specific State offices. In the first Message, His Excellency the …
In this regard, with respect to the nomination of the Permanent Representative to the United Nations Environment Programme (UNEP), the name of the nominee together with her curriculum vitae and other testimonials is hereby referred to the Departmental Committee on Defence, Intelligence and Foreign Relations for consideration. With respect to the nominee for appointment as the Chairperson of the P…
Yes, Hon. Omboko Milemba.
Thank you, Hon. Speaker. You indicated in your Communication that we lost one of our Members, Hon. Hamisi Denar, who was a nominated Member of the Amani National Congress (ANC) party that we later dissolved to join the United Democratic Party (UDA) . Even though belated, being the tradition of this House, could you give parliamentarians a chance to pass their condolences to his family and close Me…
The request is legitimate. Let me finish another Communication.
Hon. Members, I wish to introduce to you a delegation of 11 members of staff of the Department of Serjeants-at-Arms from the Parliament of Uganda. The delegation is in the country on a visit to the National Assembly to learn about the various strategic programmes undertaken in the Directorate of the Serjeants-at-Arms. On my behalf and that of the whole House, I welcome them to Parliament and wish…
Hon. Chepkonga.
Thank you, Hon. Speaker. I must commend Hon. Otiende Amollo for summarising the contents of the ruling by the Court of Appeal. I agree with Hon. Otiende Amollo that we have three non-lawyers because we follow a certain dictum of the law that states that one must have reasonable bystanders. Hon. Karemba is one of the reasonable bystanders in the Committee. In fact, he agrees with us that those othe…
[(Laughter)]
You should clarify that the Speaker of the House of Representatives gives out federal funds, not his own money. He gives out federal funds.
[(Laughter)]
I am sorry, but it is not a bad idea if you gave us your money. The Speaker gives out federal funds which are allocated to his office. That is the best known presidential system. It is well known that we borrowed a lot from the Constitution of the United States of America. Therefore, anyone who purports to say that our system of government subscribes to a pure separation of powers must be dreaming…
Yes, Hon. Junet.
Hon. Speaker, I take this opportunity to thank you and the lawyers who have represented us on this case of the NG-CDF. The lawyers have proved that they are learned and we are illiterate, but we are happy because we are all benefiting from their knowledge. The NG-CDF has been a big problem for those of us who were in the 11th and 12th Parliament and are in the current 13th Parliament. I thank the…
Hon. Hassan, Member for Kamukunji.
Thank you, Hon. Speaker. I join fellow Members in congratulating the legal team that represented us. They have vindicated us and their position as legal experts. Whenever this case was lost in the Judiciary, I thought that maybe it was because we did not have very good legal minds. But obviously, we have the best legal minds here led by Hon. Otiende Amollo and Hon. Chepkong’a, who have done a grea…
The last contribution on this is from Hon. George Murugara.
Thank you, Hon. Speaker. I join the House in lauding the Court of Appeal because of this decision which will be celebrated in this country. It is a lengthy decision that is very well reasoned. As we have said, we should abide by it, including the ground that we lost. I wish to point out to Members that when all is said and done, nothing has changed, including our roles in NG-CDF. The fact remains …
Thank you. We will end that debate there. Hon. Otiende Amollo and your team, you forgot to also acknowledge that the Attorney-General of the Republic of Kenya supported the position of Parliament on this matter. Before we call the next Order, allow me to acknowledge, in the Public Gallery, Al- Mohajiroon JSS and Primary School from Kamukunji Constituency, Nairobi City County. Members, on your and…
The Leader of the Majority Party.
Hon. Speaker, I beg to lay the following Papers on the Table:
Next Order.
Is Hon. Musa Sirma in the House?
On a point of order, Hon. Speaker.
Yes, Hon. Elachi.
Hon. Musa Sirma has given me permission to lay the Paper for him.
Go ahead.
Hon. Speaker, I beg to lay the following Paper on the Table: Status update on the disbursement of funds and submission of project proposals for the National Government Constituencies Development Fund (NG-CDF) Board for the Financial Year 2025/2026. Thank you.
Thank you. Next Order.
Leader of the Minority Party, Hon. Junet.
Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 171 (1) (f) , this House approves the appointment of the following Members to the House Business Committee, in addition to those specified under paragraphs (a) , (b) , (c) , (d) and (e) :
Thank you, Hon. Speaker. I thank the Leader of the Minority Party for moving this Motion. As Members understand, we customarily do this at the beginning of every year. Members of the House Business Committee dedicate a lot of their time every week on Tuesday as from 11.00 a.m. to schedule business lined up for the following week. Many Members did a splendid job last year and both Coalitions agree…
Thank you.
[(Hon. Charles Nguna and several Members remained upstanding)]
Yes.
Once I put the Question, the House will adjourn. If you vote in the affirmative, the Members approved will proceed to Room 9 immediately for House Business Committee to define the business of the House from tomorrow going forward. Hon. Members, you may be upstanding.
[(Question put and agreed to)]
Hon. Members, the time being 3.55 p.m., the House stands adjourned until Wednesday, 11th February 2026 at 9.30 a.m.
[(The House rose at 3.55 p.m.)]
On the National Government Constituencies Development Fund (NG- CDF) , I have been requested by Senior Counsel Otiende Amollo and Hon. Chepkong’a to allow them to comment. I will give you two minutes each, following the guidelines I gave in my Communication.
Thank you, Hon. Speaker. I am speaking on behalf of the Legislative and Litigation Caucus, Hon. Samuel Chepkong’a and I, and a number of Members who are part of us. Present here, I see Hon. Mutuse, Hon. Gichimu, Hon. Murugara and my friend, Hon. Karemba, among others. As we already indicated to this gathering in Naivasha on 6th February…
Senior Counsel, is Hon. Karemba also a lawyer?
No!
Or is he a cheerleader?
There are three non-lawyers who are ably assisting the team with the matters that may not be legal but are pertinent to this House.
Okay.
The three non-lawyers include Hon. Dawood, Hon. Zamzam and Hon. Karemba. They are ably assisting us. On 6th February, the Court of Appeal gave a very well-reasoned and solid judgment delivered by the President, Justice Musinga, together with Justice Tuiyott and Justice Muchelule in 63 pages. As a Caucus, we have taken the time to synthesise it into just two pages, which we have shared on the wall…
I have allowed you.
Thank you. Secondly, there was this myth that the NG-CDF interferes with the division of functions and the devolved funds. The Court of Appeal was able to demonstrate that the entire NG-CDF is restricted to what is already allocated to the National Government. The Court then went on to deal with the question of whether NG-CDF is a unit of service delivery. Quoting the National Government Coordinat…