National Assembly · Afternoon Sitting

Hon. Members, there is a Petition regarding funds spent by the national Government contrary to the provisions of Article 223 of the Constitution. Hon. Members, pursuant to Standing Order 225 (2) (b) , which requires the Speaker to report to the House any Petition other than those presented by a Member, I wish to report to the House that I have received a Petition from Mr. Stephen Mutoro, the Secr…

in accordance with the provisions of Standing Order 208A. The Committee is required to consider the matter and report its findings to the House and the petitioner in accordance with Standing Order 227 (2). I thank you. The Hon. Members standing at the bar, take the nearest seat available before I move on to the next Petition.

Thank you, Hon. Speaker. I rise to present Petition No.003 of 2022 regarding de-gazettement of Hola Irrigation Scheme land to allow for expansion of the headquarters of Tana River County. I, the undersigned, on behalf of the residents of Galole, Tana River County, draw the attention of the House to the following: THAT, Hola Irrigation Scheme in Tana River County was gazetted on 26th April 1963 a…

The Petition is committed to the Public Petitions Committee. Next Order.

Whip of the Majority Party.

Hon. Speaker, I beg to lay the following Papers on the Table of the House: The Fifth and Sixth Batches of Nominees to the National Government Constituencies Development Fund Committees from the NG-CDF Board for the following constituencies: Baringo North, Bomachoge Chache, Bomet Central, Chepalungu, Embakasi Central, Embakasi South, Kabuchai, Kajiado Central, Kigumo, Kiharu, Kikuyu, Kuria West, …

Have you not left out some papers? My list goes up to Q. Is your list different from mine?

There was an element of review, but I can proceed as follows:

Thank you, Hon. Osoro. Next is the Co-Chair of the Joint Select Committee on Election of Members to the East African Legislative Assembly (EALA) .

Thank you, Hon. Speaker. I beg to lay the following Paper on the Table of the House: Report of the Joint Select Committee on Election of Members to the East African Legislative Assembly.

Thank you. Next Order.

Hon. Speaker. I beg to give notice of the following Motion: THAT, pursuant to the provisions of Article 50 of the Treaty for the Establishment of the East African Community and Rule 13 (5) of the East African Legislative Assembly Elections Rules, this House adopts the Report of the Joint Select Committee on Election of Members to East African Legislative Assembly on its consideration of the na…

[(Election of Members of the Assembly)]

Member for Kipipiri, are you giving notice of Motion or moving a Motion? It is a notice. You do not move a notice.

I am sorry. It is Notice of Motion.

Thank you. You just end there. Under Standing Order 33, the Deputy Speaker has a Notice of Motion.

Hon. Speaker, I rise under Standing Order 33 to seek leave to move a Motion for Adjournment of the House for the purpose of discussing a definite matter of urgent national importance regarding increase in prevalence of chemical pesticides in the country. During the 12th Parliament, I presented a petition in this House, drawing its attention to the increase in prevalence of chemical pesticides in K…

but also to the environment and biodiversity. The relevant Committee tabled a report on the petition. However, the resolution of this House is yet to be implemented. There is still prevalence of chemical pesticides in Kenya. These products were classified as follows:

Hon. Deputy Speaker, you have made your point. You are seeking to have a Motion for Adjournment and the points you are making will come when you move the Motion. So, you need 20 Members to stand in your support. Hon. Members, we have enough numbers. I direct that one hour to the end of the Sitting, Hon. Deputy Speaker will be given time to move this Motion and Members will… She was giving notice…

[(Several Hon. Members stood in their places)]

[(A Member spoke off record)]

Hon. Speaker, I rise to ask the Cabinet Secretary for Foreign and Diaspora Affairs the following Question by Private Notice:

Thank you, Hon. Wangari. Hon. Wandayi.

Hon. Speaker, even as we proceed with the Questions and Statements session, I want to bring to your attention that last week on Thursday, I raised an issue here about the National Government Constituencies Development Fund (NG-CDF) . I was in a quiet consultation with my colleague, Hon. Kimani Ichung’wah, a while back and what he told me is discomforting. So, I request you to direct that before we…

Thank you. Hon. Ichung’wah, I had given you time to bring a statement. Are you ready with it?

Thank you, Hon. Speaker. I had, indeed, indicated to Hon. Wandayi that you had given direction and I was hoping that you will get to it. I have engaged with the Cabinet Secretary, National Treasury…

I have not given you the Floor. I just asked: are you ready with the Statement?

I am not ready with the Statement.

If you are not ready, can you do so tomorrow at 2.30 p.m.?

Hon. Speaker, I want to request for your indulgence that we do this either tomorrow or Thursday, if it is possible.

On Thursday, we have the East African Legislative Assembly (EALA) elections.

I can push the Cabinet Secretary to finish because he had given a sketchy Statement that I told him I was not comfortable with.

I will give you tomorrow afternoon. Thank you. Hon. Samuel Atandi. QPN No. 002/2022

Hon. Speaker, I rise to ask the Cabinet Secretary for the National Treasury and Economic Planning the following Question by Private Notice:

[[The Speaker (Hon. Moses Wetang’ula) left the Chair]]

The next Question is by the Member for Mwingi Central. QPN No.003/2022

Hon. Temporary Speaker, I beg to ask the Cabinet Secretary for East African Community, Arid and Semi-Arid Lands (ASALs) , and Regional Development the following Question by Private Notice:

Question to be replied before the Departmental Committee on Regional Development.

Hon. Temporary Speaker, thank you for giving me this opportunity to ask the Cabinet Secretary for Roads, Transport and Public Works the following Question:

Thank you, Hon. Member. That Question will be replied to before the Departmental Committee on Transport and Infrastructure. The next Question will go to the Member for Kabuchai, Hon. Majimbo Kalasinga. If he is not in the House, the next Question will go to the Member for Yatta, Hon. Robert Basil. Question No.004/2022

Hon. Temporary Speaker, I rise to ask the Cabinet Secretary for Lands the following Question:

Thank you. That will be replied to before the Departmental Committee on Lands. The next Question will go to the Member for Machakos County, Hon. Joyce Kamene. If the Member is not in the House, the next Question will go to the Member for Kangema, Hon. Peter Kihungi. Question No.006/2022

Hon. Temporary Speaker, I want to ask the Cabinet Secretary for Agriculture and Livestock Development the following Question:

Thank you. That Question will be replied to before the Departmental Committee on Agriculture and Livestock Development. I will give a second opportunity to Hon. Charity Chepkwony. She is not in the House. Hon. Joyce Kamene, if she is in the House. Hon. Members, allow me to recognise Mukoma wa Ngugi: a poet, writer and academician, an associate professor of Literature at Cornell University, and son…

Thank you, Hon. Temporary Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Affairs regarding the deteriorating state of security in the country. Recent events unfolding in different parts of the country show that insecurity has increased. Incidents of robbery with v…

Thank you. This Statement will go to the Chairperson of the Departmental Committee of Administration and Internal Affairs. Chairperson, I do not know how long you will need. Where is the Chairperson, the Vice Chairperson or a Member of the Committee to undertake… If there is no Member in the House, Leader of the Majority Party? Is that Hon. Protus? Are you a Member of the Committee? Give Hon. Pro…

[(Hon. Protus Akujah spoke off the record)]

Yes, Hon. Temporary Speaker. I am a Member of that Committee.

What did you say?

Hon. Temporary Speaker, I will respond in two weeks.

Two weeks’ time is good. That will be taken in two weeks. I will indulge Members on the next chance because I know we are also doing a lot of vetting activities in Committees. I will give a final chance on this Question to Hon. Chepkwony of Njoro.

Thank you very much, Hon. Temporary Speaker, for granting me this opportunity to ask my Question. My sincere apologies because we had vetting of our Principal Secretaries today. Allow me to ask my Question. Hon. Temporary Speaker, I beg to ask the Cabinet Secretary for Lands the following Question:

Hon. Member, the Question is as approved. This Question will be replied to before the Departmental Committee on Lands.

The next Statement is by the Deputy Speaker, Hon. Gladys Boss.

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 179 (14) , I rise to notify the House by way of Statement the duly elected Chairpersons and Vice-Chairpersons of Committees following the recent elections of committees of the House. Hon. Temporary Speaker, on Thursday, 27th October 2022, the House adopted the Report of the Committee on Selection on Placement of Members to Commit…

Thank you, Hon. Deputy Speaker. Hon. Members, allow me to recognise the presences of Turi Secondary School students from Molo Constituency, Nakuru County, seated in the Public Gallery. On behalf of myself and the House, you are welcome to observe the proceedings of the National Assembly.

On a point of order, Hon. Temporary Speaker.

What is out of order, Hon. Mbadi?

Thank you, Hon. Temporary Speaker. I appreciate the communication from Hon. Deputy Speaker who also leads the Liaison Committee. I was expecting to hear from her when the Liaison Committee will conduct induction so that we can start work. As a committee, we wanted to start our activities and were advised there is need for the Liaison Committee to first hold induction for Members who have never bee…

Hon. Deputy Speaker.

Thank you, Hon. Temporary Speaker. I appreciate the question asked by Hon. John Mbadi, MP, EGH. I wish to confirm that the Liaison Committee shall be meeting tomorrow at 11.30 a.m. We will be meeting every Wednesday but our inaugural meeting will be tomorrow. Thereafter, we shall plan induction and preparations for the work ahead. Thank you.

The Members of the Liaison Committee already have administrative communication channels for their meetings which can be done after here. The next Statement will be done on behalf of Hon. Owen Baya by Hon. Paul Katana Kahindi.

Thank you, Hon. Temporary Speaker. This is a request for Statement regarding disbursement of National Government Constituencies Development Fund. Pursuant to Standing Order 44 (2) (c) , I would like to request for a Statement from the Chairperson of the Departmental Committee on National Government Constituencies Development Fund Committee regarding the disbursement of constituency development fun…

Thank you, Hon. Member. This Statement will go to the National Government Constituencies Development Fund Committee. The Chairperson, Hon. Musa Sirma how long will you take?

Thank you, Hon. Temporary Speaker. I think some of the issues raised by the Member will be answered by the Leader of the Majority Party as per the direction of the Speaker. We will deal with other issues possibly in the next one week.

Order, Hon. Member! You are the Chairperson, National Government Constituencies Development Fund Committee and this Statement is properly on the Floor. How long will you require to answer it?

Just one week.

One week is the commitment from the Chairperson. Next Order!

The Leader of the Majority Party.

Hon. Temporary Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 30 (3) (b) , this House resolves to hold a Morning Sitting on Thursday, 17th November 2022 commencing at

Thank you, Hon. Temporary Speaker. I second.

Order Members! I will propose.

[(Question proposed)]

Put the Question.

Is this the mood of the House that I put the Question?

Yes.

[(Question put and agreed to)]

Next Order.

Hon. Temporary Speaker, I rise to move the

THAT, pursuant to the provisions of Section 43(4) of the National Government Constituencies Development Fund Act, 2015 and paragraphs 5(2) and (10) of the National Government Constituencies Development Fund Regulations, 2016, this House approves the list of nominees for appointment to the following 124 Constituency Committees of the National Government Constituencies Development Fund, laid on the …

On a point of order, Hon. Temporary Speaker.

Hon. Tindi Mwale, what is out of order?

Thank you, Hon. Temporary Speaker. I rise on a point of order because the Chairperson has indicated that we have Members who have not submitted these lists. We have Members who have submitted but theirs have not been tabled. Which criteria are you using to bring the names? Do we have batches of names or are we going short of printing papers? Why is it that some old and great constituencies like Bu…

Order, Hon. Mwale! Order Member. The Chairperson will continue to move the Motion. We will have the chance to debate the Motion. Those who have issues will raise their issues as they come. So please go on.

I am moving this Motion based on the 124 names because the other 131 names are still in the process and will be laid on the Floor of the House tomorrow. I want to assure…

On a point of order, Hon. Temporary Speaker.

What is out of order Dr. Pukose?

You know Hon. Sirma has partially moved the Motion as per our Standing Orders. Once he moved to the last sentence ‘as laid on the Table” and read out the date, these are the constituencies that have been listed. If he wanted to shorten it, he should have said as per the Order Paper. He has now started to debate the constituencies and talks of other constituencies which have not been put on the Ord…

Thank you, Dr. Pukose. Hon. Chairperson, Hon. Musa Sirma, please move the Motion as it is on the Order Paper and quote the 124 constituencies that are on the Order Paper.

Hon. Temporary Speaker, I have already mentioned that I am talking about the 124 which have been laid. In fact, today the Leader of the Majority Party has already tabled 70…

Order. Hon. Chairperson, please just listen to us. Move the Motion as it is. So, do not tell as about the 70, the 124.

I have already moved the Motion. They have other issues they are looking for. Let me repeat so that they can listen. If you were not listening, listen now. Hon. Temporary Deputy Speaker, I beg to move: THAT, pursuant to the provisions of Section 43 (4) of the National Government Constituency Development Fund Act, 2015 and paragraphs 5 (2) and

Please continue, now it is in order.

What I would like to urge Members is to hasten the process through their Fund Managers and the relevant committees in their constituencies to bring the names from their constituencies to allow us to move faster together. I know there are Members who have submitted but their names have not been part of the 124. By the end of tomorrow, they will be happy because everything will be done. I ask the Ho…

Hon. Ochanda.

Okay. Thank you, Hon. Temporary Speaker. As I rise to second this Motion, let me make a few things straight. We are having these names in batches because they were submitted to the Board at different times. The first that have been cleared by the Board so far are 124. When names are submitted from constituencies there are criteria that are used. If you do not follow those criteria, chances are th…

On a point of order, Hon. Temporary Speaker.

Hon. Tindi Mwale, what is out of order?

Is the Member supposed to second then debate? He has started by debating and defending before seconding. It is unprocedural.

Hon. Temporary Speaker, you may want to give guidance because I am going to second at the end of it. I will say ‘I Second.’

He is making his comments but he will still second at the end.

My first statement was, “Before I second, there are these things that I want to make clear, and then I will second in the end.” What I am trying to make clear is what the Chairperson talked about. Members need to hasten the process because the NG-CDF Board here in Nairobi gets names based on how they are sent from the constituencies. This will not only happen for this alone but also for many othe…

Hon. Temporary Speaker….

Hon. Junet, Order! I am looking at the cards here but I do not see you. Please, the microphone is still with Hon. Ochanda.

[(Laughter)]

Thank you, Hon. Temporary Speaker. I beg to move the following Motion: THAT, pursuant to the provisions of Article 50 of the Treaty for the Establishment of the East African Community and Rule 13 (5) of the East African Legislative Assembly Elections Rules, this House adopts the Report of the Joint Select Committee on the Election of Members to the East African Legislative Assembly on its cons…

[(Election of Members of the Assembly)]

The fourth EALA is coming to an end on 17th December 2022. It is from this background that the Senate and the National Assembly established a Joint Committee of seven Members from each House to deliberate and make a roadmap following the rules, regulations and the treaty as well as oversee the whole process of election of Members of EALA. With that, the membership from this House was co-chaired by…

Hon. Daniel Nanok.

Thank you Hon. Temporary Speaker for giving me the opportunity to second this Motion. It is a great privilege to have been accorded the opportunity to sit in this Committee in order to look at the election processes that are put in place to identify people who will represent Kenya in EALA. We request the House to adopt this Report on the basis that this is a Committee of the House. We have been ou…

November 2022. The names of those elected on Thursday, 17th November will be sent to Arusha on 18th November in order to be enjoined with the others. We were informed that the rest of the partner states have already nominated their Members. So, the 5th Assembly will take-off within the required time. The process of nomination and advertisement of positions to the public to apply followed very stri…

Hon Members, I will now propose the Question. I will give this chance to the Member for Bureti, Hon. Kibet Komingoi. He is not in the House. I will give the chance to Hon. Johana Ng’eno, Member for Emurua Dikirr

[(Question proposed)]

Thank you, Hon. Temporary Speaker for allowing me an opportunity to weigh in on this Motion on selection of Members to EALA. I wish to support the Committee. I will still stick to the very issue I raised when we were appointing Members to the Committee to look into this matter that it is time we did a legislation. [The Temporary Speaker

[(Hon. Martha Wangari)]

left the Chair] [The Temporary Speaker (Hon. Peter Kaluma) took the Chair] I ask the Chairperson to look into the regulations and rules that create the East African Legislative Assembly. I ask the Member to look into those particular rules so that we can amend that section of the Treaty that EALA is a creation of. We have EALA and the East African Court of Justice. The membership of those two inst…

Order!

Pole, Hon. Temporary Speaker. You know me. You are my good friend. I had not noticed that there was a change of guard. Hon. Temporary Speaker, the East African Court of Justice normally rules on matters that had been dispensed with at the Supreme Court of a country. However, when you look at the selection of judges who sit on the East African Court of Justice, they are incomparable to Supreme Cou…

On a point of order, Hon. Temporary Speaker.

Hon. Temporary Speaker, I wish you would protect me from the interruption. The names that have been forwarded to the House are of persons who we believe will represent our country properly. They have good and credible reputations. Some of them have been Members of this House and the Senate and some are members of the society who have been practising law in one way or another.

[(Hon. Sabina Chege rose on a point of order)]

Order, Hon Johanna Kipyegon. What is out of order, Hon. Sabina?

Thank you, Hon. Temporary Speaker. I beg your indulgence under Standing Order 95. We are all aware that as a House, we need to conclude this matter. Looking at the House, I can see that we have quorum. We need this matter to be gazetted, so that we can vote for the candidates on Thursday. I, therefore, request the House allows the Mover to reply, so that we can abide by the timelines as per the re…

Hon. Sabina, I have noted your request and the submissions accompanying it. Let me allow Hon. Johana Kipyegon to complete his presentation and then I will seek the approval of the House in the direction you are seeking.

Thank you, Hon Temporary Speaker for that guidance. I was about to conclude. When you look at the team which has been picked, I wish the numbers would have been enough for all of them. We have 15 on one side and another 12 on the other side. All these people are qualified. They are very good Kenyans. These are people who have served as Members of Parliament, MCAs, lawyers, advocates of the High Co…

Hon. Sabina Chege had stood in her place to ask whether the Mover should be called upon to reply. Mover.

[(Question, that the Mover be called upon to reply, put and agreed to)]

Thank you, Hon. Temporary Speaker. May I take this opportunity to thank all the Members who have contributed. I sincerely thank Members from both Houses, the Joint Committee, our Clerks who worked tirelessly, and at a personal level, the presiding officers who worked tirelessly to see this process complete. The timelines for this election are normally very strict. For that reason, we need to gaz…

[(Question put and agreed to)]

Order, Hon. Members! I beg the Members to sit so that we can put the Question on Order No 9. Order, Whip of the Majority Party! Freeze! Who is that walking out? Freeze! Members, because you are there, there is a Question which was deferred for Motion No 9. I now put the Question. Next Order.

[(Question put and agreed to)]