National Assembly · Afternoon Sitting

Hon. Members, I have a Message from the Senate on the approval of Mr. David Kibet Kemei for appointment as the Director-General of the Competition Authority of Kenya (CAK) . Pursuant to the provisions of Standing Order 41 (4) of the National Assembly Standing Orders relating to Messages from the Senate, I wish to report to the House that on 4th October 2024, I received a Message from the Senate r…

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

We also have a paper by the Chairperson of the Budget and Appropriation Committee. Who is representing the Chairperson? Proceed, Vice-Chairperson, Hon. Emaase.

Hon. Deputy Speaker, I beg to lay the following Paper on the Table: Report of the Budget and Appropriations Committee on its consideration of the Senate Amendments to the Division of Revenue (Amendment) Bill, (National Assembly Bill No. 38 of 2024) . Thank you.

Thank you. The next Paper is from the Chairperson of the Mediation Committee. Hon. Kangogo, you may proceed.

Hon. Deputy Speaker, I beg to lay the following Paper on the Table:

Thank you. Next Order.

Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, pursuant to the provisions of Article 113 (2) of the Constitution and Standing Order 150 (3) , this House adopts the Report of the Mediation Committee on the Water (Amendment) Bill, (National Assembly Bill No.33 of 2023) , laid on the Table of the House on Tuesday, 15th October 2024, and approves the mediated version of the …

Thank you. Hon. Members, before we go to Order No. 7, it has come to my attention that under Order No. 4, there was a Petition by the Hon. Member for Machakos Town, Hon. Caleb Mule, which was omitted by mistake. Let me give him a chance.

Hon. Mule, are you ready?

Yes.

You can proceed. We will go back to Order No. 7 after this.

This is Public Petition No.17 of 2024 regarding the failure of the Insurance Regulatory Authority (IRA) to protect public transport operators on insurance claims. I, the undersigned, on behalf of the Machakos Matatu Owners Association (MAMOA) , draw the attention of the House to the following: THAT, MAMOA represents over 4,000 public service vehicles operating in the Lower Eastern region of Keny…

Thank you. This particular matter is referred to the Public Petitions Committee. Is the Chairperson here? The Vice-Chairperson is here. Hon. Janet Sitienei, how many weeks do you need? Give her the microphone.

Thank you, Hon. Deputy Speaker. We will handle the matter as a Committee.

They are asking about the timeframe because it is a bit urgent.

Hon. Deputy Speaker, we have other petitions that are scheduled, but we will fast-track this one accordingly. We will schedule a time to listen to his Petition within two weeks. Thank you.

Thank you. Hon. Members, we will now move from Order No.4 to Order No.7. Next Order.

Hon. Members, we have requests for statements. The first one is by the Member for Isiolo County, Hon. Mumina Bonaya. She is absent. We will proceed to the next request for a statement by Hon. Protus Akujah, Member for Loima. Is he present? We will skip that one. The next request for a statement is by Hon. Joseph Lekuton, Member for Laisamis Constituency. Is he present? Let him have the microphone.…

Hon. Deputy 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 Education regarding the submersion of learning institutions due to rising water levels in Lake Turkana. For generations, Lake Turkana has been a vital resource for economic and cultural well- being, with fishing being their primary …

Thank you. The Chairperson of the Departmental Committee on Education or a member of the Committee to give an undertaking on behalf of the Committee. Hon. Melly, I was not seeing you.

Thank you, Hon. Deputy Speaker. I will give a response in two weeks.

Thank you. Next is a request for a statement by Hon. Joshua Kandie, the Member for Baringo Constituency. You may proceed.

Hon. Deputy Speaker, pursuant to Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Labour regarding the role of the Ministry of Labour and Social Protection in regulating labour migration through private recruitment agencies and whether the State Department for Diaspora Affairs has encroached on those roles. Labour migration has im…

Thank you. This particular request for statement is referred to the Departmental Committee on Labour. Is there any member of the Committee present because I can see the Chairperson is not here? Any member of the Committee! In that case, I will let the representative of the Leader of the Majority Party, Hon. Naomi Waqo, to ensure that this gets to the Departmental Committee on Labour.

Thank you, Hon. Deputy. I will do that.

Let us proceed. We have another request for a statement by the Member for Funyula Constituency, Hon. (Dr) Oundo.

Hon. Deputy 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 Lands regarding the status of the Register of Government Lands as provided for under the various land laws of Kenya. After section 97 of the Government Lands Act, Cap 280 was repealed, it was replaced by the Land Registration Act. T…

The request for statement is referred to the Departmental Committee on Lands. Is the Chairperson of the Departmental Committee on Lands here? Again, Hon. Naomi Waqo you will take note of that.

Thank you, Hon. Deputy Speaker. The Member has raised a weighty issue. As a Committee, we need about four weeks to respond. Thank you.

Thank you. That is noted. The Member for Loima is back, and I will allow him to request for a statement. Hon. Akujah.

Hon. Deputy 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 Education regarding the school feeding programme by the National Council for Nomadic Education in Kenya (NACONEK) . The National Council for Nomadic Education in Kenya (NACONEK) is a semi- autonomous agency that is established under…

Okay. The request for a statement will be forwarded to the Chairperson of the Departmental Committee on Education. Hon. Melly, you may give an undertaking.

Thank you, Hon. Deputy Speaker. I give an undertaking that I shall return the report to the House in two weeks. However, on the issue of El Molo, because the examination process is actually due or has already started, I promise to undertake that I bring the report before Thursday, especially on the examination issue. I thank you Hon. Deputy Speaker.

Thank you. Hon. Members, before we continue with the requests for statements, I wish to recognise the presence of the following schools that are seated in the Public Gallery: Prestigious Vineyard Academy from Embakasi East Constituency,

Nairobi County, St. Dominic Kitise Secondary School from Makueni Constituency, Makueni County and, lastly, Jumbi Primary School from Mathioya Constituency, Murang’a County.

[(Applause)]

Thank you, Hon. Deputy Speaker. There is something I want to note. Today, for the first time, I bought a newspaper. I saw that petrol prices have been reduced by Ksh8.00, diesel has been reduced by Ksh3.00, and kerosene has gone down by Ksh6.00, which is approximately Ksh7.00 because it is Ksh6.90. I was not good at mathematics, but this Ksh6.90 can be rounded off to Ksh7.00. I was just discussin…

The Chairperson of the Departmental Committee on Transport and Infrastructure will respond to that matter. Any member of the Committee here? Hon. Milemba, you want to say something? Hon. Dawood.

Hon. Deputy Speaker, it will have to be after recess because we are going on recess. So, after the recess, another week or two. Thank you.

Thank you, Hon. Dawood. Hon. Milemba, did you say you have a request for statement? You are not on the list. Is it a response to a statement or a request for a statement?

The request for statement itself.

Okay, I will allow you. Proceed.

Thank you Hon. Deputy Speaker. I request for a statement regarding the sporadic attacks that are occurring in Emuhaya Constituency and Vihiga County. Hon. Deputy Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson of the Department Committee on Administration and Internal Security regarding the sporadic attacks that are occurri…

Hon. Deputy Speaker, it is unfortunate that several persons who have been attacked along those areas are either dead or admitted to hospital due to severe injuries that they have sustained. For instance, on 2nd October 2024, an armed assailant with guns attacked and killed Mr. Nicodemus Olinjo Abuyeka of ID. No. 29000828, who was a businessman and bodaboda rider from Esaba Village in Emuhaya Sub-…

That request for a statement is referred to the Departmental Committee on Administration and Internal Affairs. Is the Chairperson present? Yes, Hon. Tongoyo?

Yes, Hon. Deputy Speaker. I will bring a response in two weeks, but I want to add one thing. The issue of constructed and completed police stations with no personnel, as indicated by the Hon. Members, can be followed up with the Inspector-General (IG) . It does not even have to wait for two weeks for us to bring the response on the issue of incidences of deaths and killings.

All right. Thank you very much. We will now proceed to get responses to statements that have previously been raised in the House. The first was to get the answer to statement request is Hon. Wario, Member for North Horr. Hon. Tongoyo, do you have a response to that request for statement?

Hon. Deputy Speaker, on the question that was asked by Hon. Wario concerning North Horr, the issue was canvased and discussed in depth by the Cabinet Secretary for Interior and National Administration when he appeared before the Committee. There is a lot of progress. A meeting with the leaders of that region has already taken place. As such, I have the response but, since it is a document of the H…

Thank you. Let us move to the next response, which is still with you. It is the answer to the request for statement by the Hon. Member for Igembe Central, Hon. Karitho.

Thank you again, Hon. Deputy Speaker. I need your indulgence in deciding whether the concerned Hon. Member is in the House.

Is Hon. Daniel Karitho in the House? There is no point in responding to it if he is not here. I can see that, today, many Hon. Members who had sought for statements are not present. In other cases, the Chairpersons are missing. The substantive Speaker has pronounced himself severally on this issue. Let us move to the next issue, which is a response to the statement by Hon. Wamboka, Member for Bum…

Order, Hon. Members. Order Hon. Osoro. Debate on this Bill was concluded and all we have is to put the Question.

[(Question put and agreed to)]

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

The Chairman has directed that we skip Order 9 and proceed on to Order 10. We have re-arranged the Order Paper.

Mover.

Thank you, Hon. Temporary Speaker. Hon. Members, this is a very important Motion. I request that you listen because I am sure you will want to contribute to it.

Hon. Temporary Speaker, I want to move the Report of the Budget and Appropriations

Hon. Temporary Speaker, I beg to move the following Motion: THAT, the Senate Amendments to the Statutory Instruments Amendment Bill, (National Assembly Bill No.2 of 2023) , be now considered. This Bill emanated from this House. It provides a very brief background about the Statutory Instruments Act; that the powers to delegate is derived from Article 96 of the Constitution. Sometimes, regulatory-…

on Delegated Legislation of the National Assembly, after considering the amendments that were made by the Senate on this Bill, is in total agreement and the Committee recommends that the Bill may be passed as amended by the Senate. One of the amendments that the Senate brought in was that if the Committee discovers in any way that a regulatory-making body has already published regulations or any …

Ksh500,000 or Ksh500?

Ksh500,000. Sorry, Hon. Temporary

Thank you very much, Hon. Temporary Speaker. This is one of the Bills that has also found its way in this House quite timely. The question of subsidiary legislation has over the years been misused and abused because of that slight lacuna that really existed between several competing interests. One is given delegated power to come up with regulations and they imagine that because it does not reall…

the regulations and laws and direct people need to involve an authority. In this case, an authority that is fully mandated to review and make laws as per Article 95 and 96 of the Constitution is the bicameral Parliament of Kenya. It is very exciting to realise that the Senate noticed a lacuna that existed in the statutory instruments and pushed this amendment to us. It is quite interesting to not…

Hon. Pukose.

Thank you, Hon. Temporary Speaker. I want to support the Committee’s recommendations on the Senate amendments to the Statutory Instruments (Amendment) Bill, (National Assembly Bill No.2 of 2023) . I remember we debated it in this House and we agreed that we have institutions which have been gazetting their instruments without regard to this House. Parliament is the only organ that has the power to…

Order! Hon. Gogo. Okay, and who is that? Honourable who? Gogo.

Thank you so much, Hon. Temporary Speaker. I have come to speak about this matter that is very pertinent to this House and this nation. We are talking about legislation that is not done by this House. However, it is subordinate to the House, though it is still law. At the outset, I support. More often than not, we need the National Assembly and the input of the Senate on what affects our counties…

procedures must be followed. I thank Parliament because it is a House of order where, more often than not, things are done rightly. We should concur where we need to involve the Senate. I support the Committee on this matter. I support the recommendations that have been made by the Senate. It is not a very long legislation. However, it is needed, especially because there was a lacuna in the relat…

Next is the Member for Kesses. Give him the microphone.

Thank you for this moment that you have accorded me to stand in support of this presentation by the relevant Committee. We need to appreciate that there has been confusion in the implementation of specific legislations for quite some time and, more so, the regulations that have been coming up. Some quarters take the opportunity of gaps to implement, execute or pass regulations that end up causing…

Mover, please reply.

Thank you. I thank Hon. Members who have made very valuable contributions to this Motion. Without belabouring the points, everything has been covered. I beg to reply.

Hon. Members, I cannot put the Question on this matter. I direct that this Question be put at a convenient later date. For now, we have come to the end of our day.

[(Putting of the Question deferred)]