National Assembly · Afternoon Sitting

Tuesday, 12 November 2024

Session Summary

Members debated the shortcomings of the Sustainable Health Insurance Fund (SHIF), highlighting inadequate funding, flawed means‑testing, and corruption allegations within NHIF. While criticism was strong, speakers also urged better public education, improved registration processes, and more transparent use of the Primary Care and Emergency Funds. The discussion reflected both frustration with current implementation and calls for constructive reforms. Members mourned the death of a young girl, Diana, after alleged negligence at Longisa County Referral Hospital and demanded investigations and reforms to uphold constitutional health rights. Hon. Musa Sirma announced the release of Ksh5.7 billion from the NG‑CDF and urged timely audits and school infrastructure projects. Hon. Kenneth Tungule sought a pending statement on escalating human‑wildlife conflict in Ganze, calling for urgent government intervention. The sitting focused on procedural amendments to the National Employment Authority Act and several sections of the Energy Act, with members seeking clarification on crude oil regulation and supporting specific changes. Debate intensified around the proposed increase in EPRA's electricity levy, with MPs highlighting the burden on households and its broader impact on living costs and investment. While some members endorsed the amendments, others voiced strong opposition to the levy hike, reflecting divergent views on energy policy.

T
The Temporary Speaker (Hon. David Ochieng’)

Hon. Members, I confirm that we have quorum. We can proceed. Call out the Orders.

T
The Temporary Speaker (Hon. David Ochieng’)

Take your seats. Hon. Members, I wish to make a Communication with regard to the recognition of a Delegation from the Republic of Uganda, who are seated in the Speaker's Row. The Delegation comprises five Members of Parliament drawn from the Parliamentary Committee on Health. The Members include:

[(Applause)]

H
Hon. (Dr) Robert Pukose (Endebess, UDA)

Thank you, Hon. Temporary Speaker. I want to join you in welcoming the delegation from the Parliament of Uganda, led by Hon. (Dr) Joseph Ruyonga, who are here on a benchmarking visit. In the morning, we had a very fruitful discussion between the National Assembly Health Committee Members and the Delegation from Uganda. As you have indicated, they are here to learn from us. We have also learnt som…

H
Hon. (Dr) Robert Pukose (Endebess, UDA)

Ugandans are our neighbours. They are our brothers and sisters. They will also be here during the East African Legislative Assemblies (EALA) Games, which we will be hosting in Mombasa. Our team leader, Hon. Engineer Kawaya, who is seated behind me, is telling me that the Kenyan team is prepared in all aspects. We will be engaging all our brothers and sisters from the East African region. We want t…

T
The Temporary Speaker (Hon. David Ochieng’)

Next Order.

[(Loud consultations)]

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

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

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

St. Francis Rang’ala High School.

T
The Temporary Speaker (Hon. David Ochieng’)

Correct.

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

Hon. Temporary Speaker, you seem to know where the school is. Thank you. I have been to Ng’iya Girls High School.

T
The Temporary Speaker (Hon. David Ochieng’)

I have also been to Rusinga Girls High School. Chairlady of Constitution Implementation Oversight Committee, Hon. Wamuchomba, Member for Githunguri, you have business in the House this afternoon. I hope you are aware. I assume that you are the Chairlady of the Constitution Implementation Oversight Committee. Is that the position?

H
Hon. Gathoni Wamuchomba (Githunguri, UDA)

Hon. Temporary Speaker, I am ready for the business.

T
The Temporary Speaker (Hon. David Ochieng’)

Proceed.

H
Hon. Gathoni Wamuchomba (Githunguri, UDA)

Hon. Temporary Speaker, I beg to lay the following Papers on the Table: Reports of the Constitution Implementation Oversight Committee on:

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. You can lay the Papers. Next is the Chairperson of the Departmental Committee on Agriculture and Livestock.

[(Hon. Gathoni Wamuchomba laid the Papers on the Table)]

H
Hon. (Dr) John K. Mutunga (Tigania West, UDA)

Hon. Temporary Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Agriculture and Livestock on its consideration of the Agricultural Professionals Registration and Licensing Bill (National Assembly Bill No.19 of 2024) . Thank you, Hon. Temporary Speaker.

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. Proceed to lay. Next is the Chairperson of the Departmental Committee on Trade, Industry and Cooperatives, Hon. Gakuya. He seems not to be in. Hon. Marianne, are you the one standing in for him? Go ahead

[(Hon. (Dr) John K. Mutunga laid the Paper on the Table)]

H
Hon. Marianne Kitany (Aldai, UDA)

Hon. Temporary Speaker, I beg to lay the following Paper on the Table: Report on the Departmental Committee on Trade, Industry and Cooperatives in its consideration of the Cooperatives Bill (National Assembly Bill No.7 of 2024) Thank you.

T
The Temporary Speaker (Hon. David Ochieng’)

Proceed to lay. Finally, let us have Hon. Murugara, the Chairperson of the Departmental Committee on Justice and Legal Affairs.

[(Hon. Marianne Kitany laid the Paper on the Table)]

H
Hon. George Murugara (Tharaka, UDA)

Thank you, Hon. Temporary Speaker. I beg to lay the following Paper on the Table: Report of the Departmental Committee on Justice and Legal Affairs on its consideration of the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No.50 of 2023) .

T
The Temporary Speaker (Hon. David Ochieng’)

Next Order.

T
The Temporary Speaker (Hon. David Ochieng’)

Member for Rangwe, move your notice of Motion.

H
Hon. (Dr) Lilian Gogo (Rangwe, ODM)

Thank you, Hon. Temporary Speaker. Pursuant to Standing Order 33 (1) , I rise to seek leave for adjournment of the House in order to discuss a definite matter of urgent national importance regarding the implementation of the Social Health Insurance Fund, otherwise called (SHIF) , which officially began on 1st October

[(Loud consultations)]

T
The Temporary Speaker (Hon. David Ochieng’)

Order, Hon. Members! Kindly consult in low tones. Hon. Members, this notice of Motion is to discuss the status of SHIF. I confirm that the Member has the requisite support and, therefore, I direct that the debate on this matter begins at six o'clock this evening.

H
Hon. Junet Mohamed (Suna East, ODM)

On a point of order, Hon. Temporary Speaker.

T
The Temporary Speaker (Hon. David Ochieng’)

What is out of order, Hon. Junet?

H
Hon. Junet Mohamed (Suna East, ODM)

Hon. Temporary Speaker, this is a very important issue of national significance as it directly touches on the lives of Kenyans. The government is implementing this new programme through the three laws passed by this House. Six O’clock is the happy hour and you know where Members go then. Serious business cannot effectively be discussed at that hour as Members will have retreated. Let us give this …

[(Laughter)]

[(Laughter)]

T
The Temporary Speaker (Hon. David Ochieng’)

Well said, but there is nothing like “SHU.” Hon. Wamuchomba, what is out of order? If it is about the timing, then the point has been ably made by Hon. Junet. We need to hold our horses.

H
Hon. Gathoni Wamuchomba (Githunguri, UDA)

Hon. Temporary Speaker, I seek your indulgence on this matter because five babies are born every hour in this country. If we do not prioritise such issues, by the time we discuss this matter at six o’clock, how many more babies will have been born the wrong way? I ask that we debate this matter immediately. This is an important national issue and it affects the outcome of medical services provided…

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. Hon. Kangogo.

H
Hon. Kangogo Bowen (Marakwet East, UDA)

Thank you, Hon. Temporary Speaker. I also thank Hon. (Dr) Lilian Gogo for raising this very important issue. I join my colleagues in stating that this matter is a serious issue of national importance. It affects the lives of Kenyans. We need to suspend any other business and prioritise it. We must discuss the health of our citizens because there is nothing more critical than the well-being of our …

T
The Temporary Speaker (Hon. David Ochieng’)

I will make a ruling on this. Hon. Members, looking at the Order Paper, I direct that the notice given by Hon. (Dr) Lilian Gogo, the Member for Rangwe, will be considered at five o'clock or upon the conclusion of Order No.11, whichever comes first. Therefore, if we finish Order No.11 at 4:30 p.m., we will proceed with it. It is so directed. Next Order.

T
The Temporary Speaker (Hon. David Ochieng’)

I would like to remind everyone to keep their statements as brief as possible. In view of what I have just directed, I will not allow any comments on the request for statements. The first request for a statement is by Member for Garsen.

H
Hon. Yakub Adow (Bura, UPIA)

Hon. Temporary Speaker, I wish to state that I am requesting for this Statement on behalf of Hon. Ali Wario, the Member for Garsen. 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 Administration and Internal Security regarding the abduction and disappearance of persons from Garsen Constituency. On…

H
Hon. Yakub Adow (Bura, UPIA)

distress among affected families, who face agonising uncertainty about the fate of their loved ones. It is against this backdrop that I request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following:

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. I saw the Chairperson of the concerned Committee here. This request is directed to the Departmental Committee on Administration and Internal Security. Yes, Hon. Tongoyo.

H
Hon. Gabriel Tongoyo (Narok West, UDA)

Hon. Temporary Speaker, we will respond to the request in two weeks’ time.

T
The Temporary Speaker (Hon. David Ochieng’)

Two weeks?

H
Hon. Gabriel Tongoyo (Narok West, UDA)

Yes, in two weeks. Having said that, I wish to be on record that on Thursday last week, the Committee had a nearly three-hour engagement with the Inspector-General and the Deputy Inspector-General regarding the issue of missing persons and disappearances. This is now a case of hijacking. We will respond to this, along with other concerns.

T
The Temporary Speaker (Hon. David Ochieng’)

Why is it in two weeks’ time and not in a week’s time?

H
Hon. Gabriel Tongoyo (Narok West, UDA)

Security issues are complex and dynamic. Sometimes investigations can take longer than expected. As I mentioned, last Thursday, we discussed this matter with the Inspector-General for almost three hours. I require a comprehensive response.

T
The Temporary Speaker (Hon. David Ochieng’)

The two-week timeframe has

H
Hon. Gabriel Tongoyo (Narok West, UDA)

Then give us a maximum of 10 days.

T
The Temporary Speaker (Hon. David Ochieng’)

Next is the Member for Nyaribari Masaba.

H
Hon. Daniel Manduku (Nyaribari Masaba, ODM)

Hon. Temporary 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 Administration and Internal Security regarding insecurity in Ikorongo Village, Nyaribari Masaba Constituency. There has been a rise in insecurity in Nyaribari, Masaba Constituency, which has led to livestock theft. For instance…

H
Hon. Daniel Manduku (Nyaribari Masaba, ODM)

NO.03/28/04/2024. Despite tracking the trail of the stolen animals of Mr Douglas Isaboke to Njipship Location in Trans Mara East Sub-County, efforts to recover them were unsuccessful. It is against this background that I request a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the following:

T
The Temporary Speaker (Hon. David Ochieng’)

Hon. Tongoyo.

H
Hon. Gabriel Tongoyo (Narok West, UDA)

I will have the Statement on Thursday next week. It is also good to notify the Member that the Committee will be visiting Angata Barikoi areas of Kilgoris next week on Friday. We will be in Kisii to look into issues of insecurity in border areas of the two counties. We will have an opportunity to interrogate security managers concerning the same.

T
The Temporary Speaker (Hon. David Ochieng’)

Thursday, next week makes a lot of sense. Not two weeks. Thank you. Hon. Manduku, it is Thursday, next week. There is nothing out of order on that issue Hon. Sunkuli. What is out of order?

[(Hon. Julius Sunkuli spoke off the record)]

H
Hon. Julius Sunkuli (Kilgoris, JP)

I just want a clarification on when the Statement will be issued. Although the Hon. Member told me that the matter is not between Kilgoris and Kisii but between Emurua Dikirr and Kisii, stock theft might affect Kilgoris. However, stealing of donkeys does not affect Kilgoris.

[(Laughter)]

T
The Temporary Speaker (Hon. David Ochieng’)

Hon. Tongoyo, you have heard. Hon. Sunkuli say that they have nothing to do with donkeys. Do not involve them on issues of donkeys. That is well said. Hon. Manduku, take it up with the Chairperson. He says he will bring a Statement on Thursday, next week, and that a mission will be touring the same region on Friday the following week. Please, take it up with him. Get the dates and participate in …

H
Hon. John Waithaka (Kiambu, UDA)

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I request a Statement from the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations regarding the arrest and prolonged detention of a Mr James Kariuki in Dubai, United Arab Emirates (UAE) . Several documents, including an Emirati identification card belonging to Mr James Kariuki o…

H
Hon. John Waithaka (Kiambu, UDA)

Kenya on 4th August 2020, officials who accused him of fraud arrested and accused him of obtaining money under false pretence as his documents had been used to defraud several victims in Dubai. His detention has persisted since then as the authorities require him to pay two million Dirham to secure his release. While still in detention, a fraud incident occurred where his documents were used but t…

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. Chairperson of Departmental Committee on Defence, Intelligence and Foreign Relations. Is the Vice-Chairperson of the Committee or the Leader of the Majority Party present? This is a very urgent matter that requires immediate action. We cannot see the Chairperson or the Vice-Chairperson here. The Whip of the Majority Party will have to take up this matter. You do not just have to take it…

H
Hon. Naomi Waqo (Marsabit County, UDA)

Yes, I will. I will discuss with the Chairperson. I believe the Committee should be ready within the next two weeks.

T
The Temporary Speaker (Hon. David Ochieng’)

Hon. Member from Kiambu, take it up with the Whip of the Majority Party so that the relevant Committee is informed accordingly.

H
Hon. John Waithaka (Kiambu, UDA)

Thank you.

T
The Temporary Speaker (Hon. David Ochieng’)

Next is the Member for Kitui Central, Dr Makali Mulu.

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

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I request for a Statement from the Chairperson of the Departmental Committee on Energy regarding the status of compensation to Master Simon Muema due to severe injuries suffered following electrocution from electricity power lines at Kyethani Primary School in Kitui County. A tragic incident occurred where a live an…

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

incident caused permanent physical disability to the minor. It has resulted in psychological trauma and financial hardship to the family. It is against this background that I request for a Statement from the Chairperson of the

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. This request is directed to the Chairperson of the Departmental Committee on Energy. Is the Chairperson present? I can see Hon. Kawaya, or is it Hon. Vincent Musau, in the House. Go ahead.

H
Hon. Vincent Musau (Mwala, UDA)

Thank you. I just had a conversation with the CEO of KPLC. He says that Kenya Power has an insurance in place for cases like electrocution. Every case is submitted to insurance. However, I will give a full response within the next one week.

T
The Temporary Speaker (Hon. David Ochieng’)

The next one week is great. Hon. Makali, I think that is fair. Next is the Member for Kipipiri. The Questions appearing on the Order Paper of today as No.5 and No.6 are deferred to a later date. Go ahead.

[(Questions deferred)]

H
Hon. Wanjiku Muhia (Kipipiri, UDA)

Hon. Temporary Speaker, recognising that we are constrained of time and that you have guided that we do not discuss any Statement, I wish to put it on record that Hon. TJ Kajwang’ confirmed something to me last week. It is that he would give a response to my Request for Statement dated 15th October 2024, which had been committed to the Departmental Committee on Transport and Infrastructure. I have…

H
Hon. Wanjiku Muhia (Kipipiri, UDA)

Human-wildlife conflict in both protected and unprotected areas has remained a significant concern across the country for several decades. Recently, residents of Kipipiri Constituency have faced a surge in wildlife invasion and attacks, leading to loss of lives, livestock, destruction of crops, and damage to property. These incidents are primarily caused by marauding elephants, buffaloes, hyenas, …

T
The Temporary Speaker (Hon. David Ochieng’)

It is very serious.

[(Loud consultations)]

H
Hon. Naomi Waqo (Marsabit County, UDA)

Hon. Temporary Speaker, it is unfortunate that the Chairperson and the Vice-Chairperson are not in. We need to be serious and committed to our task. Members of Parliament are today calling for a reshuffle so that we can get rid of all the chairpersons and the vice-chairpersons who are not committed. We can clearly see that they are not in the House. They are also not giving us the responses on tim…

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you very much. That is a fair comment on the matter.

H
Hon. TJ Kajwang’ (Ruaraka, ODM)

On a point of order, Hon. Temporary Speaker.

T
The Temporary Speaker (Hon. David Ochieng’)

Hon. TJ Kajwang’, what is out of order?

H
Hon. TJ Kajwang’ (Ruaraka, ODM)

Hon. Temporary Speaker, am I audible?

T
The Temporary Speaker (Hon. David Ochieng’)

Use the microphone next to you.

H
Hon. TJ Kajwang’ (Ruaraka, ODM)

Hon. Temporary Speaker, you heard the Member for Kipipiri mention my name. May I confirm to her that I keep my promises and I am up to the task. I also keep my professional undertaking. I made a commitment and a professional undertaking that the Departmental Committee on Transport and Infrastructure will respond to her Question in the shortest period of time. I confirm to her that on Thursday afte…

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. We are not going to debate Questions or Statements this afternoon. The next request for a Statement is by the nominated Member, Hon. Irene Mayaka.

H
Hon. Irene Mayaka (Nominated, ODM)

Hon. Temporary Speaker, I rise to request for a Statement regarding the declaration of protected areas in Nyamira County. 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 Tourism and Wildlife regarding the declaration of certain areas in Nyamira County as protected areas and national monuments. Touri…

T
The Temporary Speaker (Hon. David Ochieng’)

H
Hon. Njuguna Kawanjiku (Kiambaa, UDA)

Thank you, Hon. Temporary Speaker. I am the Vice-Chairperson of the Committee and I confirm that I have heard the two Questions that have been asked. I confirm that we are doing our best to deal with the issue of human- wildlife conflict. We have had a discussion with the Ministry on its interventions on this. We promise that in the next two weeks, we will bring a response to this House in regard …

H
Hon. Njuguna Kawanjiku (Kiambaa, UDA)

Thank you.

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. Hon. Kawanjiku, as you walked in, I am sure you heard the displeasure of the membership and leadership about the attendance of the chairpersons and vice-chairpersons of committees in the House. I hope you heard the displeasure and you will deal with it.

H
Hon. Njuguna Kawanjiku (Kiambaa, UDA)

I am the Vice-Chairperson of the Committee, and I believe I am one of the most visible vice-chairpersons who attend plenary sittings. I think my attendance is also very high. I confirm that we will continue attending the Chamber sittings. My Chairman is out of the country for other duties, but I know he is a committed Member of this 13th Parliament. We will continue being available to serve our pe…

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. Before I go to responses, there is a... There are responses to requests for Statements to be issued by the Departmental Committee on Transport and Infrastructure. The first response would be to a Statement requested by the Member for Matuga Constituency, Hon. Tandaza Sawa. I will give this chance to the Chairperson of the Departmental Committee on Transport and Infrastructure. Hon. Zah…

[(The Temporary Speaker consulted with the Clerks-at-the-Table)]

H
Hon. Zaheer Jhanda (Nyaribari Chache, UDA)

Thank you, Hon. Temporary Speaker. I would like to make a response to a Statement on behalf of the Chairman of the Departmental Committee on Transport and Infrastructure.

T
The Temporary Speaker (Hon. David Ochieng’)

Order! I am informed that Hon. Tandaza is not in the House and I do not know whether he assigned that to any other Member. If not, you can table the response and he will look at it when he comes to the House.

H
Hon. Zaheer Jhanda (Nyaribari Chache, UDA)

Hon. Temporary Speaker, I also have a Statement...

T
The Temporary Speaker (Hon. David Ochieng’)

You are going to do that next. Is the Member for Saboti in the House? Hon. Amisi? These responses will be tabled accordingly and Members thereof lose any right to come and demand them on the Floor of the House. The responses to those two questions have been tabled by the Chairperson of the Departmental Committee on Transport and Infrastructure and dealt with accordingly. Thank you. Hon. Members,…

H
Hon. Linet Chepkorir (Bomet County, UDA)

Thank you Hon. Temporary Speaker for giving me this opportunity to make a General Statement regarding status of healthcare services at Longisa Referral Hospital in Bomet County. Hon. Temporary Speaker, pursuant to the provisions of Standing Order 43, I rise to make a General Statement regarding the tragic death of a young girl, Diana Chepkemoi, from Tendwet Village, Bomet East Constituency, due t…

H
Hon. Linet Chepkorir (Bomet County, UDA)

It is with profound sadness that I bring to the attention of this House the untimely demise of a young girl named Diana who succumbed to bee venom complications due to medical negligence. On 10th November 2024, a distressing incident occurred where Diana was stung by bees and rushed to Longisa County Referral Hospital for emergency treatment. On arrival, she was left unattended for more than five …

T
The Temporary Speaker (Hon. David Ochieng’)

You do not have any minutes to donate to anybody. Hon. Members, you have heard what Hon. Toto has said happened at Longisa. All of us watched the news in horror. We will not debate this, but I will give a chance to the Member for Bomet East to say something.

H
Hon. Richard Yegon (Bomet East, UDA)

Thank you Hon. Temporary Speaker for giving me this opportunity to talk about the incident which happened in my constituency. May I take this opportunity to sincerely convey my heartfelt condolences to the family of the young innocent child. This tragic incident underscores the troubling silence from the county government of Bomet which is yet to release any statement on this matter despite the f…

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you, Hon. Members. That marks the end of Questions and Statements. I have been moved by the Chairman of the National

T
The Temporary Speaker (Hon. David Ochieng’)

Government Constituencies Development Committee that he has an announcement to make. He will have three minutes or less to do so before we move to the next Order.

H
Hon. Musa Sirma (Eldama Ravine, UDA)

Thank you Hon. Temporary Speaker for giving me this opportunity. I want to announce that today the National Treasury has finally released Ksh5.7 billion balance of the National Government Constituencies Development Fund (NG-CDF) money that was due. We are expecting to get the next balances for the start of the Financial Year 2024/2025 from December 2024. I want to ask Members that as they go to t…

T
The Temporary Speaker (Hon. David Ochieng’)

Thank you. Does the Hon. Member raising his hand not have a card? I cannot see you on the screen since you do not have a card. Go ahead.

[(Hon. Kenneth Tungule raised his hand)]

[(Hon. Kenneth Tungule spoke off the record)]

H
Hon. Kenneth Tungule (Ganze, PAA)

Thank you Hon. Temporary Speaker for giving me this opportunity. I am sorry because I want to take you back to request for Statements that was made by my colleagues regarding human-wildlife conflicts. In September, around 18th or thereabout...

[(Hon. Njuguna Kawanjiku stood in his place)]

T
The Temporary Speaker (Hon. David Ochieng’)

Hon. Kawanjiku, the Member for Kiambaa, the Statement being raised by the Member on his feet is for you.

H
Hon. Kenneth Tungule (Ganze, PAA)

Thank you, Hon. Temporary Speaker. On 18th September or thereabout, I asked for a Statement on the floor of the House regarding human- wildlife conflict in Bamba and Ganze Constituency. I had stated that we are suffering from invasion of elephants from the Tsavo East National Park. They have invaded areas where people live. The Chairperson of the Committee promised that he would give a Statement i…

T
The Temporary Speaker (Hon. David Ochieng’)

H
Hon. Njuguna Kawanjiku (Kiambaa, UDA)

Thank you, Hon. Temporary Speaker. I want to apologise on behalf of the Chairperson because this report has not been tabled on the Floor of this House. It is ready and by the end of this week or early next week, on Tuesday we will table it.

T
The Temporary Speaker (Hon. David Ochieng’)

The report should be tabled this week, on Thursday afternoon.

H
Hon. Njuguna Kawanjiku (Kiambaa, UDA)

Thank you, Hon. Temporary Speaker. I stand guided.

T
The Temporary Speaker (Hon. David Ochieng’)

Next Order.

T
The Temporary Speaker (Hon. David Ochieng’)

Hon. Members, debate on the Second Reading of this Bill was concluded. Therefore, it is time to decide. First Readings

[(Question put and agreed to)]

[(The Bill was read a Second Time and committed to the Committee of the whole House)]

T
The Temporary Speaker (Hon. David Ochieng’)

Hon. Members, before we go to the next Order, I have a Communication to make regarding… Order! The Member walking as if he is going to a market in Kisii, sit somewhere? Order, Hon. Ruku.

T
The Temporary Speaker (Hon. David Ochieng’)

for consideration of relevant provisions in accordance with their respective mandates, with the lead Committee being the Departmental Committee on Justice and Legal Affairs. The Committee tabled their respective reports on the Bill in the House on 15th February

H
Hon. Marianne Kitany (Aldai, UDA)

H
Hon. Temporary Chairman, I beg to move

THAT, the Schedule to the Bill be amended—

H
Hon. Marianne Kitany (Aldai, UDA)

H
Hon. Temporary Chairman, I beg to move

THAT, the Schedule to the Bill be amended—

H
Hon. Beatrice Elachi (Dagoretti North, ODM)

Hon. Temporary Chairman, when I look at the Act and the amendments, while I appreciate the Chairperson, it would have been better if you want to give clarity to scrap. This is so that Kenyans can understand better. The destruction we are experiencing now concerning the metals we put on the roads everywhere is sad, and when you say scrap, it will continue to be a challenge. Please give us more clar…

[(Hon. Omboko Milemba)]

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

Thank you, Hon. Temporary Chairman. To make it clear to Hon. Elachi, the definition of 'scrap metal' is already contained in the Act. What the Chairperson is trying to do is to delete the word 'used automobile.' For instance, you will discover that in almost all parking yards in Government offices, there are used automobiles. Therefore, if you use 'used automobile' as scrap metal, people will go a…

[(Hon. Omboko Milemba)]

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

H
Hon. Marianne Kitany (Aldai, UDA)

H
Hon. Temporary Chairman, I beg to move

THAT, the Schedule to the Bill be amended—

H
Hon. Wanjiku Muhia (Kipipiri. UDA)

I beg to move: THAT, the Schedule to the Bill be amended in the proposed amendments to the Scrap Metal Act (Cap. 503) —

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

I also want to support. I sit in the Committee. We deliberated on this matter at length. It cures the discretion of the Cabinet Secretary to give licences that would deplete our critical infrastructure. Where discretion is given to a human being, we have seen in the past that the tendency to abuse or misuse is very compelling. We should never give room for that kind of discretion. Thank you. The …

[(Hon. Omboko Milemba)]

H
Hon. Gichimu Githinji (Gichugu, UDA)

Thank you. I support the proposal by the Committee to delete any provision delegating powers to make laws. That can only be through this Parliament, either through an Act of Parliament or a regulation. Giving the Cabinet Secretary open powers to give licenses on such critical matters would have negated Parliament's role in making laws. Thank you. The Scrap Metal Act , Section 26 (2) The Tempo…

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

[(Sections 22(2), 24, 24(2) and 26(1) agreed to)]

[(No.1 of 2015)]

[(Hon. Omboko Milemba)]

H
Hon. Wanjiku Muhia (Kipipiri. UDA)

I beg to move: THAT, the Schedule to the Bill be amended in the proposed amendments to the Scrap Metal Act (Cap. 503) —

H
Hon. Gichimu Githinji (Gichugu, UDA)

Actually, this cures the intention in the amendment of Section 11. Any action by the three—the Cabinet Secretary for Interior and National Administration, the Cabinet Secretary of National Treasury and Economic Planning, and the Council—will have to prescribe. Prescription in law means that there have to be regulations so that we can restrict it. Even this Parliament will have a say in determining…

[(Hon. Omboko Milemba)]

H
Hon. Anthony Oluoch (Mathare, ODM)

Thank you, Hon. Temporary Chairman. I support the proposed amendments with a rider. And I hope this is subject to provisions of Article 94 (5) of the Constitution relating to the powers of Parliament, that nobody has the power to make laws other than Parliament. My colleague adverted that the Committee dealing with delegated legislation will also have a bite at the decisions of the Cabinet Secreta…

[(Question of the amendment proposed)]

[(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)]

[(Provisions relating to the Scrap Metal Act, 2015 (No.1 of 2015)]

H
Hon. Temporary Chairman (Hon. Omboko Milemba)

Is there an amendment? Yes, the Chairman, Departmental Committee on Labour.

H
Hon. Muchangi Karemba (Runyenjes, UDA)

Hon. Temporary Chairman, I beg to move: THAT, the Schedule to the Bill be amended by deleting the proposed amendment to the section 30 (2) of the National Employment Authority Act (Cap. 227) . The justification is that this Section does not contain the word 'youth,' yet the proposed amendment intended to replace the word 'youth' with 'jobseeker.'

H
Hon. Temporary Chairman (Hon. Omboko Milemba)

Very well. There being no interest, I will put the Question. as amended agreed to)

[(Question of the amendment proposed)]

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

[(Sections 30(3), 33(1), 33(3), 34, 36(1), 36(3), 36(4), 37 and 42 agreed to)]

[(The provisions relating to the National Employment Authority Act, 2016 (No.3 of 2016)]

H
Hon. Temporary Chairman (Hon. Omboko Milemba)

There being no amendment, I will put the Question. agreed to)

[(The provisions relating to the Fisheries Management and Development Act, 2016 (No. 35 of 2016)]

H
Hon. Temporary Chairman (Hon. Omboko Milemba)

Is the Chairman of the Departmental Committee on Energy in the House? Very well. The Energy Act, 2019 , New Section 6A The Temporary Chairman : Let Hon. Chairpersons be awake to these amendments, because they are the ones guiding us. The Energy Act, 2019 , Section 10 The Temporary Chairman : Hon. Chairman. Hon. Kawaya is in the House.

[(No.1 of 2019)]

[(Hon. Omboko Milemba)]

[(No.1 of 2019)]

[(Hon. Omboko Milemba)]

H
Hon. Vincent Musau (Mwala, UDA)

H
Hon. Temporary Chairman, I beg to move

H
Hon. Temporary Chairman, I beg to move

THAT, the Schedule to the Bill be amended in the proposed amendments to the Energy Act (Cap. 314) by—

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

Hon. Temporary Chairman, I would like to get a little more information. As we are going on, I see a lot of things passing. This bit sounds very interesting. That crude oil is now being regulated. It sounds good to me that it should be. Can we now know what exactly is happening to crude oil? Where does it come from? What are we using it for? It is important for us to know that background because i…

[(Hon. Omboko Milemba)]

H
Hon. Vincent Musau (Mwala, UDA)

Thank you, Hon. Temporary Chairman. Currently, we use refined oil. However, we also know that we have been making a lot of progress with the Turkana Oil. So, we are going to have our own crude oil. Again, regulation does not necessarily mean we are using crude oil ourselves. We will also likely have potential customers who want to use our transit lines - our pipelines - to transport their crude oi…

[(Hon. Omboko Milemba)]

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

Hon. Temporary Chairman, I, therefore, support this amendment but add that we used to have a refinery at Changamwe. If we are going to look back and revive it, then this amendment is important. I support. The Temporary Chairman : You are in concurrence. The Energy Act, 2019 , Section 12 (1) (e) The Temporary Chairman : Hon. Chairman.

[(Hon. Omboko Milemba)]

[(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)]

[(No.1 of 2019)]

[(Hon. Omboko Milemba)]

H
Hon. Vincent Musau (Mwala, UDA)

H
Hon. Temporary Chairman, I beg to move

THAT, the Schedule to the Bill be amended in the proposed amendments to the Energy Act (Cap. 314) by—

H
Hon. Vincent Musau (Mwala, UDA)

H
Hon. Temporary Chairman, I beg to move

THAT, the Schedule to the Bill be amended in the proposed amendments to the Energy Act (Cap. 314) by—

H
Hon. Kongogo Bowen (Marakwet East, UDA)

Hon. Temporary Chairman, I want to support the Hon. Chairman of the Committee. At this difficult time when Kenyans are struggling with paying bills, especially electricity bills, it is very inappropriate for EPRA to increase their levy from 0.5 to 1 per cent, which is more than 50 per cent. Therefore, I support the Committee and the Hon. Chairman that this is not the right time. We are living in …

[(Hon. Omboko Milemba)]

H
Hon. Anthony Oluoch (Mathare, ODM)

Hon. Temporary Chairman, I support this amendment. This is in light of the fact that the cost of electricity has a spiral effect on many other things, including the cost of living and basic commodities. Flagship projects that the Government has expressed itself to support, like manufacturing, trade and investment, are all tied up with the cost of electricity. This includes investor migration. Inve…

H
Hon. Anthony Oluoch (Mathare, ODM)

compared to neighbouring countries. Therefore, an increase would increase rather than reduce the problem. Therefore, I support the amendment. Thank you. The Temporary Chairman (Hon. Omboko Milemba): Finally, Hon. Oundo.

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

Hon. Temporary Chairman, sometimes we wonder whether some of these people live or not and feel the pain that Kenyans go through for them to propose a deletion to take it to 1 per cent. That would have increased the cost of electricity. Kenya is rated as one of the countries with the highest cost of electricity. Therefore, I totally support the Committee on that proposed amendment. Thank you, Hon.…

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

[(Proposed amendment to Section 20(1)]

[(No.1 of 2019)]

[(Hon. Omboko Milemba)]

H
Hon. Vincent Musau (Mwala, UDA)

H
Hon. Temporary Chairman, I beg to move

THAT, the Schedule to the Bill be amended in the proposed amendments to the Energy Act (Cap.314) by—

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

Hon. Temporary Chairman, I beg your indulgence that we complete this because today the House sits up to 7.00 p.m. We have two hours so if we add another 15-20 minutes we will be done. The Temporary Chairman : Hon. Members, that was the direction given by the Hon. Speaker. Let me consult further. consulted with the Clerks-at-the-Table)

[(Hon. Omboko Milemba)]

[(The Temporary Chairman (Hon. Omboko Milemba)]

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

That was the direction given by the Hon. Speaker. So, we shall report progress for now. I call upon the Mover who is the Leader of the Majority Party. Hon. Bowen we have done enough consultation. Allow the Leader of the Majority Party to proceed.

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

Hon. Temporary Chairman, I beg to move that the House reports its consideration of the Statute Law (Miscellaneous Amendments) (National Assembly Bill No.67 of 2023) , up to Section 20 of the Energy Act, and its approval thereof with amendments and seek leave to sit again.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

H
Hon. Omboko Milemba (Emuhaya, ANC)

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No.67 of 2023) up to the provisions relating to the Energy Act No.1 of 2019, Section 20 and approved the same with amendments and seek leave to sit again.

T
The Temporary Speaker (Hon. Peter Kaluma)

Mover.

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

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said report. I also request Hon. Kangogo Bowen to second the Motion for agreement with the report of the Committee of the whole House.

H
Hon. Kangogo Bowen (Marakwet East, UDA)

Hon. Temporary Speaker, I second.

[(Question proposed)]

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Dr Pukose.

H
Hon. (Dr) Robert Pukose (Endebess, UDA)

Thank you, Hon. Temporary Speaker. The Hon. Speaker directed that the Motion of Adjournment be taken from 5.00 p.m. onwards or after Order No.11. In view of that, this is the process we are undertaking in terms of the Committee of the whole House. We were in the middle of concluding the amendments by the Chairperson of the Departmental Committee on Energy. I request your indulgence under Standing …

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Beatrice Elachi, you want to speak on this?

H
Hon. Beatrice Elachi (Dagoretti North, ODM)

Hon. Temporary Speaker, I thought we were proceeding well. It is up to you to guide us.

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. David Bowen.

H
Hon. Kangogo Bowen (Marakwet East, UDA)

Thank you, Hon. Temporary Speaker. As per the Speaker's ruling, we should consider the Motion of Adjournment by Hon. Gogo. The issue before us is the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No.67 of 2023) . We are remaining with a few sections. Hon. Temporary Speaker, we thought we should dispense with this issue which should not take more than 20 minutes, and then pro…

T
The Temporary Speaker (Hon. Peter Kaluma)

The Adjournment Motion was being brought by which Member of the House? Hon. (Dr) Lilian Gogo, could you approach the Speaker? This is the ruling I will make with regard to the request made that we revert to the Committee of the whole House. I have consulted Hon. (Dr) Lilian Gogo following the direction by the substantive Speaker that we would be adjourning at 5.00 p.m. to see how best we can acc…

[(Hon. Kangogo Bowen spoke off record)]

[(Hon. (Dr) Lilian Gogo consulted with the Temporary Speaker)]

[(Question put and agreed to)]

T
The Temporary Speaker (Hon. Peter Kaluma)

(National Assembly Bill No.67 of 2023)

H
Hon. Dorothy Muthoni (Nominated, UDA)

(Title agreed to)

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

Hon. Temporary Chairman, I beg to move that the Committee do report to the House its consideration of the Statute Law, Miscellaneous Amendment Bill (National Assembly Bill No.67 of 2023) and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed)]

[(The House resumed)]

T
The Temporary Speaker (Hon. Peter Kaluma)

Chairman of the Committee.

H
Hon. Omboko Milemba (Emuhaya, ANC)

I beg to report that a Committee of the whole House has considered the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No. 67 of 2023) and approved the same with amendments.

T
The Temporary Speaker (Hon. Peter Kaluma)

The Mover to move agreement with the report.

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

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said report. I also request the Hon. Karemba Muchangi, the Member for Runyenjes, to second the Motion for agreement with the report of the Committee of the whole House.

H
Hon. Muchangi Karemba (Runyenjes, UDA)

Thank you. I second.

T
The Temporary Speaker (Hon. Peter Kaluma)

It is good to be an experienced Leader of the Majority Party. Hon. Karemba is now an old hand in parliamentary procedure. Hon. Millie Odhiambo, Whip of the Minority Party, do you want to speak to this one? Yes, Leader of the Majority Party.

[(Question proposed)]

[(Hon. Millie Odhiambo-Mabona spoke off the record)]

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

I know this Bill has taken quite some time because of the enormous work involved with the various Committees. Allow me to take this

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

opportunity to thank the Chairman of the Departmental Committee on Energy. I thank our Chairman of the Departmental Committee on Labour, the Hon. Karemba. I thank the Chairman of the Departmental Committee on Justice and Legal Affairs. The other Chairman is of the Departmental Committee on Sports and Culture. They were very diligent in the work they put in as they considered these amendments. All…

T
The Temporary Speaker (Hon. Peter Kaluma)

Under our Standing Orders,

T
The Temporary Speaker (Hon. Peter Kaluma)

Hon. Members, the time being 7.09