National Assembly · Afternoon Sitting

Hon. Members allow me to recognise three different delegations on the Speaker’s Row. The first one is a delegation from the Transitional National Legislature of South Sudan - the newest Republic in the world.

[(Applause)]

[(Applause)]

Thank you, Hon. Speaker, for your hospitality in hosting this esteemed delegation. Among the members of this delegation is Hon. Stephen Kent, a former Member of Parliament from Canada. Hon. Speaker, you are the Patron of the World Scout Parliamentary Union Caucus, which has great representation in this House. This delegation has had the pleasure of experiencing Kenyan hospitality, including a vis…

Thank you, Hon. KJ. The House Business Committee met this afternoon and adjusted our sitting times. Consequently, the Speaker has directed the Leader of the Majority Party to bring a Procedural Motion to effect those changes. Due to a backlog of work and with the end of this Session approaching, the HBC has agreed on the following sitting schedule for the House: On Monday, we will have two sittin…

[(Hon. TJ Kajwang’ shook hands with another hon. Member)]

[(Laughter)]

Hon. Members, as much as possible, we are implementing cost-cutting measures. Therefore, we will all travel to Mombasa via the Standard Gauge Railway (SGR). Hon. Members, you will organise with the Clerk's Office and the Table Office. The clerks will assist you to indicate when you want to travel. You will all go by SGR, including the Hon. Speaker, to cut down on costs, so that we can facilitate a…

Division! Division!

Order! The call for Division is unlawful. Next Order. Yes, Hon. Zamzam.

Ahsante sana Mhe. Spika.

Hon. Millie.

Thank you, Hon. Speaker. I want to thank Hon. Zamzam for inviting us to Mombasa. I want to just declare that because she has spoken in Kiswahili, we do not all have to speak in Kiswahili. Having said so, I wish to thank you for even acknowledging the delegations that are visiting us. There are very many of my friends from Gambia who are visiting. They honoured me when I went to Gambia and so, it …

You will also tell them that their former Attorney-General, Ami Bensuda, was my classmate at the law school.

Yes.

[(Laughter)]

Not this Bensuda! This Bensuda was not in any law school.

[(Laughter)]

No. Yes, Hon. Muhia.

[(Hon. Atieno Bensuda spoke off the record)]

Mhe. Spika, kama vile Mama Zamzam amewaeleza Wabunge kwamba anawakaribisha kule Mombasa, mimi pia kama Mwenyekiti wa mambo ya Jumia ya Afrika Mashariki nawaomba Wabunge wenzangu wajitolee kwenda kule Mombasa na washiriki kwenye michezo ya Afrika Mashariki. Kule kuna Wabunge kutoka

Mabunge manane, likiwemo Bunge la Somalia. Naona Mhe. wa Chama Kikuu Bungeni akicheka, kisa na maana, nimesema kuwa mimi ni Mwenyekiti wa Jumuiya ya Afrika Mashariki. Hata kama mimi ni Mwenyekiti kwa wakati huu…

[(Laughter)]

You are wrong. It is called, “Deepen, widen and tighten the integration of East Africa.”

[(Applause)]

Hon. Leader of the Majority Party.

Thank you, Hon. Speaker. It is in the spirit of widening, deepening and tightening.

[(Laughter)]

The Chairperson of the Select Committee on Member’s Services and Facilities, Hon. Karani.

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

Chairperson, Select Committee on Regional Integration, Hon. Wanjiku.

Mhe. Spika, naomba unipee dakika mbili nifanye mawasiliano na Clerks-at-the-Table.

You have told me that you wanted to give notice of motion in Kiswahili.

Ndiyo, Mhe. Spika.

It is written in English. I will permit you to give notice in English, but direct on the Hansard that when you move the Motion when it comes, you can do so in Kiswahili, so that you save our time.

Ahsante, Mhe. Spika. I beg to lay the following Paper on the Table:

Thank you, Hon. Wanjiku. Next Order.

Thank you, Hon. Speaker. I beg to give notice of the following Motion: THAT, this House adopts the Report of the Select Committee on Member's Services and Facilities on the inspection visit to constituency and county offices in Kilifi, Kwale, Mombasa, Laikipia, Nyandarua and Machakos counties, laid on the table of the House on Tuesday, 19th November 2024. Thank you, Hon. Speaker.

Hon. Wanjiku, the Chairperson of the Committee on Regional Integration.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Committee on Regional Integration on the inspection visit to the semi-autonomous institutions of the East African Community and the Central Corridor in the United Republic of Tanzania, laid on the Table of the House on Tuesday, 19th November 2024.

Thank you, Chairperson. Clerk-at-the-Table, skip Order No. 7. Call out Order Nos. 8, 9 and 10 we put the Questions before we get back to No.7. Call Order No.9. Hon. Owen, hold on. Your boss is just behind here. Call Order Nos. 9, 10 and 11 first.

Is it the Mover Hon. KJ, or the Hon. Leader of the Majority Party?

Hon. Speaker, I thank you for giving me the opportunity. I would like to say a big thank you.

No. Just say, “I beg to move that the Technopolis Bill…” KJ, go ahead baba.

Hon. Speaker, I beg to move that the Technopolis Bill, (National Assembly Bill No. 10 of 2024) , be now read a Third Time. I also want to request Hon. Millie-Mabona Odhiambo to second. She was part of the process and part of the Committee of the whole House.

Give Hon. Millie the microphone.

Thank you, Hon. Speaker. I second.

[(Question proposed)]

[(Question put and agreed to)]

[(The Bill was accordingly read a Third Time and passed)]

Next Order.

Hon. Speaker, I beg to move the following Procedural Motion: THAT, pursuant to the provisions of Standing Orders 30 (b) and (c) , this House resolves to hold Sittings on the following days for purposes of debate on the President’s Address and consideration of priority business ahead of the long recess—

[(Hours of Meeting)]

President. Therefore, to allow as many Members as possible an opportunity to contribute, we want to have those extra sitting hours in the mornings of Tuesdays and Thursdays, the mornings of Fridays, except this Friday, and the afternoons and evenings of Mondays to allow us to consider the State of the Nation Address and a lot of pending and urgent business that is before us before we go on recess.…

[(Laughter)]

Hon. Speaker, I rise to second the Procedural Motion. I urge Members to take very seriously the State of the Nation Address by the President.

[(Hon. Linet Chepkorir consulted with Hon. Francis Sigei while on her knees)]

On a point of order, Hon. Speaker.

What is out of order, Hon. Millie?

Thank you, Hon. Speaker. My concern is not Hon. Junet, my Leader of the Minority Party. Hon. Toto is kneeling. I know that the Member she is speaking to is very honourable and much older than her, but is she in order to kneel before Hon. Sigei? I know that Hon. Sigei is older than Hon. Linet but, in this House, we are presumed to all be equal. So, as much as it shows respect culturally, it is not …

[(Laughter)]

Hon. Millie, if you read The Hansard, the last time the word “kneeling” was used in this House, a Vice-President, Josephat Njuguna Karanja, lost his job. Do you want my comrade, Ambassador Sigei, to lose his job? Go on, Hon. Junet.

Hon. Speaker, I am told that Hon. Toto has just come back from Uganda, and she must have learned how to kneel before men from there.

[(Laughter)]

[(Loud consultations)]

On a point of order, Hon. Speaker.

Yes, Hon. Donya.

Hon. Speaker, that statement might be taken seriously and when we go back home, our men might demand for us to kneel before them. You will be ruining our marriages. It is men who should kneel before women, and not women kneeling before men. Women should not be told what to do in the 21st Century.

[(Loud consultations)]

Order, Hon. Donya. Hon. Members, Hon. Jack Wamboka, the Member for Bumula, can tell you that from the community where he and I come from, women kneeling before their men is an ordinary course of things in their houses. Go on, Hon. Junet.

[(Loud consultations)]

Hon. Speaker, we are just giving out the tactics of how to spice up marriages. We are not doing anything bad. We are giving suggestions on how marriages can be better. There are places where even men kneel, but they cannot say it on camera. Members must take the State of the Nation Address by the President very seriously. Members should understand that it is a constitutional requirement. It is no…

Hon. Junet, Hon. Irene Mayaka was very excited when you were talking about women kneeling before men.

[(Laughter)]

Member for Kisumu Central, Hon. Joshua Oron.

Hon. 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 Affairs regarding the delay in the operationalisation of administrative units in Kisumu Central Constituency. Hon. Speaker, on 21st July 2017, the Ministry of Interior and National Administration gazetted admini…

Hon. Tongoyo.

Hon. Speaker, I will give a response possibly on Thursday next week. I, however, do not think that the Cabinet Secretary would give a better response than the obvious issue of the budget. It is not just in Kisumu County, but all over the country.

Bring the response on Thursday next week.

Well guided, Hon. Speaker.

Hon. Ali Wario Guyo, Member for Garsen.

Thank you, Hon. 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 Finance and National Planning regarding the status of projects under the Equalisation Fund in Garsen Constituency and Tana River County. Hon. Speaker, the Equalisation Fund, as established under Article 204 of the Constitution, …

public services in marginalised areas like Garsen Constituency and Tana River County at par with the rest of the country. Hon. Speaker, a committee was identified to undertake the responsibility of selecting the most deserving projects for funding. That committee is chaired by the County Commissioner and includes the chairman and managers of the National Government Constituencies Development Fund…

Thank you, Hon. Wario. The Chairman, Departmental Committee on Finance and National Planning? Who is the Vice-Chairperson? Hon. Naomi, can you communicate to the Chairman, Department Committee on Finance and National Planning to bring a response before next week, Thursday?

Hon. Speaker, I will communicate and I hope they will be able to bring the response by Thursday as directed. Members standing in the walkway, order! Hon. Sabina Chege, you have just walked in, and already causing disorder. Order, Members. Take your seats. Go ahead, Hon. Manduku.

[(Hon. Sabina Chege consulted with several Members along the gangway)]

Hon. Daniel Manduku, Member for Nyaribari Masaba.

Hon. 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 Roads and Infrastructure regarding the stalled Kenyenya- Sosera-Ekona-Ramasha-Suguta-Junction Road in Nyaribari Masaba Constituency. Hon. Speaker, the construction of the said road was launched in 2018 and commenced thereafter. Unfortunate…

Additionally, the contractor had extracted murram from Sosera Primary School and hence, a large pit filled with stagnant water which has become a breeding ground for mosquitoes and a safety risk to pupils was left behind. As a result, the area has experienced a rise in malaria cases. A tragic accident was experienced in 2020 when a child drowned in the hazardous pit. The incomplete road has also …

Chairman of the Departmental Committee on Transport and Infrastructure? Is Hon. GK here? Yes, Hon. Zaheer, are you able to bring a response on this issue?

Yes, Hon. Speaker. I have the response.

Did you anticipate it? He has just raised it now. How did you have it? What you want to respond to has not come yet. Can you try and bring a response to Hon. Manduku before we break?

Yes, Hon. Speaker.

We will go to responses starting with Hon. Njeri Maina's request for statement. Yes, Member for Moyale.

Thank you, Hon. Speaker. I asked for a statement from the Chairman of the Departmental Committee on Administration and Internal Affairs on 18th October 2024. You gave instruction that they should come back with a report in two weeks. It is almost one month and there is no response two weeks down the line.

Ndiye huyu. Hon. Tongoyo, can you start by telling Professor when you will respond to him as you respond to Hon. Njeri?

It is true that the Member of Moyale asked for a statement. Of course, it is two weeks down the line. I just beg for a little bit of patience because the Ministry is still working on it. It is work in progress. I promise to have the statement on the Floor next week. Kindly.

Thank you. Go on and respond to Hon. Njeri.

I want to respond to the request for statement asked for by the Member of Parliament for Kirinyaga County, Hon. Jane Njeri Maina. She specifically wanted to know the status of investigation into the death of Derrick Gachoki, and whether the police officers who were involved in his killing are known. She wants to know the measures the Government has put in place to address extra-judicial killings a…

off the bar with a view of arresting revellers and owners of the bar for contravening stringent measures the Government has put in place to control sale and consumption of alcohol and drinks as stipulated under the Alcoholic Drinks and Control Act of 2010. Revellers started to run away when the officers entered the bar through a side gate. Some were jumping over the iron sheet perimeter fence. In …

Yes, Hon. Njeri.

Thank you, Hon. Speaker. Well, I thank the Hon. Chairman for responding. I take great exception to paragraph three where he says that a firearm discharged ammunition. Firearms do not discharge themselves. They do not have any robotic capacity. The policemen, who are supposed to guard the lives of Kenyans, discharge weapons on unarmed and innocent Kenyans. I visited and condoled with the family of…

family in Kirinyaga County and update them that their son will get justice, although he will not come back to life. Thank you.

Hon. Tongoyo.

Hon. Speaker, I acknowledge and admit that the shooting from the firearm of the police officer happened accidentally. I want to just tell the Hon. Member that it happens. That is an accidental shooting. When a pistol or whichever gun is cocked, and the safety pin has not been locked or engaged, an ammunition can discharge itself. It is rare, but it can happen. Investigations are ongoing. I have ju…

Hon. Speaker, even though I have not trained in guns and shooting, I know that the Chairman of the Departmental Committee on Administration and Internal Affairs has no such training. He is taking it upon himself in this House, before cameras and Kenyans, to explain how it happened. Is he really in order? I think there should be a fair and more deliberate way given that the life of a young Kenyan w…

Yes, Hon. Raso.

Thank you very much, Hon. Speaker. Indeed, there is accidental discharge which happens in any firearm, from a pistol to a machine gun. If you look at the movement of that particular weapon, you will note that the trigger can easily pull the round forward and cause it to discharge. From experience, I can confirm that it happens as my Chairman has said.

Yes, Hon. Njeri.

Hon. Speaker, I do not think any Member or the Chairman is a ballistic reports expert, but I am kindly requesting that after 30 days, I get follow-up feedback from the Chairman on whether the report is complete and has been forwarded to the Directorate of Public Prosecutions (DPP) , so that the prosecution can start. Thank you.

Thank you. Hon. Tongoyo, did you say there is an inquest?

The issue of the gun that discharged the ammunition truly belonged to the officer. We said it was accidental. For the majority of us who own guns, you know that when you have not engaged the safety pin, the ammunition can discharge…

Order, Hon. Tongoyo.

Yes, Hon. Speaker.

Stop giving evidence on facts that you are not privy to. I know many issues of such kind will come to you. As a lawyer, Hon. Njeri knows that when a citizen loses a life in the circumstances you have described, the law requires an inquest to be carried out. This is where the police will place material evidence before a court of law, and a magistrate will decide whether anybody is culpable for the …

Yes. I think I was very clear that the ballistics section of the Directorate of Criminal Investigations (DCI) , and the forensic laboratory are still doing the forensic analysis. So, when the analysis is completed, the inquiry file will be forwarded to the DPP.

Thank you. Hon. Njeri, we leave it there. Next is the Chairlady of the Departmental Committee on Social Protection to respond to a statement sought by Hon. Marianne Kitany.

Hon. Temporary Speaker, on behalf of the Chairman of the Departmental Committee on Transport and Infrastructure, Hon. GK Kariuki, I would like to respond to the request for a statement by Hon. Wanjiku Muhia. Hon. Temporary Speaker, on Thursday, 17th October 2024, the Member for Kipipiri, Hon. Wanjiku Muhia, requested for a statement from the Chairperson of the Departmental Committee on Transport …

Hon. Wanjiku Muhia.

Thank you very much, Hon. Temporary Speaker. I thank the Departmental Committee on Transport and Infrastructure. I can confirm that I travelled through that road over the weekend. It is true that the bumps that were very risky have been marked and signages placed very well. However, in my statement request, I not only meant the bumps that were being repaired, but all the other bumps as well. They …

Very well. This is a positive one. Hon. Chairman, what will you do about the section that has remained?

Hon. Temporary Speaker, we will engage the Ministry and request them to facilitate the same. Thank you.

Is Hon. Adow in the House? There is a general statement to be made by Hon. Njeri Maina.

The Deputy Leader of the Majority Party.

Hon. Temporary Speaker, due to time, we are only left with one minute, I beg that we reschedule the order to tomorrow.

Order. That is a matter for the House Business Committee. The Order that has been called is something that you can always get. The Order that we have now for the moment is the Kenya Revenue Authority (Amendment) (No.2) Bill. Under the circumstances, Hon. Members, there is no sufficient time to move that as we have barely three seconds. We have only eight to six seconds.