National Assembly · Afternoon Sitting

Hon. Members, I wish to introduce to you a delegation from the Senate of Nigeria which is seated in the Speaker's Row. The delegation comprises Members of the Committee on Constitutional and Electoral Review and the Committee on Women Affairs. They are:

Leader of the Majority Party.

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

Leader of the Committee on Delegated Legislation, Hon. Gladys Boss, do you have a paper to lay? Go ahead.

Apologies, Hon. Speaker. Give me a minute. They are bringing it from my office.

Hon. Shollei, how quickly is your paper coming?

In the next five minutes.

Okay. Next Order. Order, Hon. Members. Members on their feet, take your seats. I have a second Communication to make.

[(Several Members walked into the Chamber)]

Hon. Members, pursuant to Article 150 (1) (b) of the Constitution and Standing Orders 64 and 65, I wish to notify the House that I am in receipt of a notice of a

Special Motion dated Thursday, 26th September 2024 and received on Friday, 27th September 2024 from the Member for Kibwezi West Constituency, Hon. Eckomas Mwengi Mutuse. The Hon. Member seeks a resolution of the House for the removal from office, by impeachment, of H.E Rigathi Gachagua, EGH, as the Deputy President of the Republic of Kenya. Article 150(1)(b) of the Constitution provides as follow…

[(Loud consultations)]

[(Loud consultations)]

[(Applause)]

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

Order, Hon. Members. Take your seats. The Member for Budalangi and the Member for Navakholo, take your seats. Next Order.

Hon. Speaker, I beg to give notice of the following Motion: THAT this House notes the Report of the Kenyan Delegation to the 64th Session of the OACPS Parliamentary Assembly and the First Session of the OACPS- EU Joint Parliamentary Assembly held in Luanda-Angola from 17th to 21st February 2024, laid on the Table of this House on Thursday, 26th September 2024. Thank you, Hon. Speaker.

Hon. Mutuse, I will allow you to speak from the Dispatch Box. He will be heard in silence.

Hon. Deputy Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the welfare of prison officers and other various reports including the Marsden Madoka Committee Report of 2008, the Maraga Task Force Report of 2023 and other Ministry of Interior and National A…

That Statement would be dealt with by the Departmental Committee on Administration and Internal Security. Next Statement? Do we have anyone from that Committee?

Thank you very much, Hon. Deputy Speaker. I wish to request for a Statement from the State Department of Correctional Services which falls under Departmental Committee on Justice and Legal Affairs. I believe it is the right Committee mandated to handle this Statement within 14 days if it is forwarded immediately to the State Department of Correctional Services.

Thank you for that correction. Indeed, it was moved to the Departmental Committee on Justice and Legal Affairs. The next Statement is by the Member for Lang’ata Constituency.

Thank you. That request would be marked to the Departmental Committee on Defence, Intelligence and Foreign Relations. Do we have a Member of that Committee here? Deputy Majority Leader, please ensure that it is acted on. And please tell them they have two weeks to respond. Next is a request for a Statement by Hon. Fatuma Zainabu, the Member for Migori Constituency.

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 Environment, Forest and Mining regarding Mining Activities in Macalder Gold Belt in Migori County. Hon. Deputy Speaker, the Macalder Gold Belt in Migori County is known for its richness in precious minerals such as gold and copper. …

Thank you. Yes, Hon. Member. I cannot quite see you.

I am from the constituency where Macalder sits. Thank you, Hon. Deputy Speaker. I want to support the Statement by my County Women Representative from Migori County. I would like to inform the House that we have a Petition with the Departmental Committee on Environment, Forestry and Mining on the gazettement of that land, where the Cabinet Secretary for Environment, Climate Change and Forestry tot…

That Statement from Hon. Fatuma will be placed before the Departmental Committee on Environment, Forestry and Mining. However, the two can be consolidated with the earlier Petition that you have alluded to. Leader of the Majority Party, you will ensure that happens because I cannot see any Member of that Committee here.

Let us proceed. There is a Statement by Hon. Mohammed Adow, Member for Wajir South.

Thank you very much, Hon. Deputy Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairman of the Departmental Committee on Justice and Legal Affairs regarding the status of delimitation of electoral units. Hon. Deputy Speaker, Article 89 (2) of the Constitution requires the Independent Electoral and Boundaries Commission (IEBC) to rev…

Thank you. That Statement will be marked to the Departmental Committee on Justice and Legal Affairs, Hon. Sir George Murugara. Hon. Irene Mayaka, you are destructing the Chairman. Hon. Murugara, did you hear about the status of the delimitation of the electoral boundaries? When will you give a response on this?

[(Hon. Irene Mayaka consulted loudly)]

Thank you very much, Hon. Deputy Speaker. We do not have an IEBC that we can give these particulars. I recollect being told at the Liaison Committee that I should be making a Statement regarding the progress we are making to constitute IEBC. I confirm that the process is ongoing, but I need to give a better Statement tomorrow after I have collected all the facts. We were just from a litigation on …

Thank you.

There is a Statement by the Hon. Agnes Pareyio, the Member for Narok North.

Thank you, Hon. Deputy Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairman of the Departmental Committee on Trade, Industry and Cooperatives regarding the sale of Ufundi Co-operative Plaza by Ufundi Sacco. Ufundi Co-op Plaza in the Nairobi CBD has for several years been the subject of a vicious court battle between Ufundi Savings …

dependents equally suffering. For instance, Mr Isaac Kamau Ngure of ID No.0242136, a constituent of Narok North, passed away before he could receive payment of his dues. Hon. Deputy Speaker, it is against this background that I request for a statement from the Chairperson of the Departmental Committee on Trade, Industry and Cooperatives on the

Thank you. That request is marked to the Departmental Committee on Trade, Industry and Cooperatives. Is the Chairperson of that Committee here? Yes, Hon. Oundo.

Thank you, Hon. Speaker. The Chair and Vice-Chair are not present in the House at the moment. I undertake, being a founder member of the Committee, to bring the Statement within two weeks. Thank you, Hon. Deputy Speaker.

Thank you. Next is a request for Statement by Hon. Kazungu Tungule, the Member for Ganze.

Thank you, Hon. Deputy Speaker, for this opportunity. 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 Tourism and Wildlife regarding the increased invasions by elephants in Ganze Constituency. The current state of elephant invasions in Ganze has become a matter of great concern, particularly in Mitang…

[[The Deputy Speaker (Hon. Gladys Boss) left the Chair] [The Temporary Speaker (Hon. Farah Maalim) took the Chair)]]

The request is marked to the Departmental Committee on Tourism and Wildlife. The Deputy Leader of the Majority Party, Hon. Baya, a Statement has been sought from the Departmental Committee on Tourism and Wildlife by Hon. Kazungu Tungule, the Member for Ganze. Can you give an undertaking on exactly when the Statement will be in the House?

Give us two weeks, Hon. Temporary Speaker.

On a Tuesday, two weeks from today?

Correct.

Okay. Hon. Tungule, you have heard that. Next Order.

Next Order.

Who is moving this? Sir George, go ahead.

Hon. Speaker, I beg to move that the Ethics and Anti-Corruption Commission (Amendment) Bill, (National Assembly Bill No.11 of 2024) , be now read a Second Time. Hon. Speaker, this is a small Bill that was brought to this House by the entity known as the National Dialogue Committee (NADCO) , in their deliberations, when they retreated to look at what recommendations they would make for better gove…

The Departmental Committee on Justice and Legal Affairs made a Report which was tabled in this House. It agreed with the NADCO on the proposed amendments, save to propose a slight amendment which this House will consider at the Committee of the whole House as regards Clause 3 of the proposed amendments. This Bill proposes to amend, in Clause 2, Section 5 of the Ethics and Anti-Corruption Commissi…

[[The Speaker (Hon. Moses Wetangula) left the chair] [The Deputy Speaker (Hon. Gladys Boss) took the chair]]

chairperson of the Commission completes their term, whatever number of years are remaining. It would thus be a tidy statute that does not have any dead letter provisions in it. The assurance under our laws which are wide, whether commonwealth laws, our own practice, laws of equity, or principles of equity, is that you cannot interfere with an individual's accrued right unless that person consents …

Thank you very much, Hon. Deputy Speaker. I also thank the Committee for a job well done in looking at that law. It is very important that progressively as a democracy, we review the laws, and also look at how the functioning of the law that has been in place has impacted on the country, either positively or negatively. A review of the Ethics and Anti-Corruption Commission (Amendment) Bill that w…

I want to assure the Commission that there will be no disruption as we approve this law, but it is important that progressively as a country, we relook at the laws. We also need to know what needs to be done to firm up the law so that we are at the forefront of fighting corruption with a board that has the prerequisite legal requirements to fight. I also thank the Commission that is there for the…

Hon. Caroli Omondi.

Thank you, Hon. Deputy Speaker. I am looking at the Clock and I am not sure if we can exhaustively debate the Bill, but I want to have a go at it. You will allow me to have a first bite when it next comes up for debate. I rise to oppose these amendments. I do not think the Bill is well aligned with the legislative structure of the Commission and the provisions of the EACC Act. Let me begin by giv…

with sufficient power and tools they need to investigate corruption crimes, there would be no problem with EACC. If you go further, the functions of the commissioners under the current Act include policy formulation, ensuring performance of the staff, providing strategic direction, strategic linkages and partnerships, and internal discipline. Why do you need a judge to discharge those functions?

Hon. Caroli, time is up. You have a balance of six minutes, and tomorrow, you will be the first person to contribute. Thank you.

Thank you, Hon. Deputy Speaker.