National Assembly · Afternoon Sitting
Tuesday, 21 February 2023
Members debated several constitutional amendment proposals, including allowing Cabinet Secretaries to be cross‑examined in Parliament, while also expressing strong concerns about the rollout of the Competency‑Based Curriculum (CBC). Hon. Kaluma highlighted inadequate infrastructure, teacher shortages and confusion among parents and pupils, urging a thorough review before further implementation. The discussion reflected both support for greater citizen participation and criticism of current education policy execution. Members debated the rollout of the Competency‑Based Curriculum (CBC), with Hon. Peter Kaluma urging a halt or revision due to rushed implementation and adverse effects on poor pupils, while Hon. Julius Melly defended the curriculum, highlighting government efforts to recruit teachers, fund infrastructure and promote equity. The discussion centered on teacher shortages, inadequate facilities, and the need for resources to ensure the CBC’s success across junior secondary schools. Hon. Beatrice Elachi used a personal statement to expose alleged decades‑long sexual abuse of women on tea plantations in Kericho, accusing multinational companies and specific individuals of modern‑day slavery and demanding immediate justice. Hon. Cynthia Muge reinforced the claim, describing the problem as endemic across Kenya, urging implementation of anti‑harassment policies and a thorough parliamentary investigation. The Deputy Speaker facilitated the exchange and referred the matter to the relevant committee for further action.
Hon. Members, the East African Legislative Assembly (EALA) is one of the organs of the East African Community and is established under Article 9 of the treaty for the establishment of the East African Community. Hon. Members, you will recall that the Parliament of Kenya held the election of the Kenya’s representatives to the EALA on 17th November 2022 pursuant to Rule No. 15 (1) of the EALA Ru…
[(Election of Members of the Assembly)]
Hon. Members, pursuant to the provisions of Standing Order No.42 (1) , I wish to report to the House that I have received a Message from His Excellency the President regarding the declaration of vacancies in the offices of chairperson and members of the Independent Electoral and Boundaries Commission (IEBC) . In the Message, His Excellency the President conveys that following his assent to the In…
For clarity, Section 2 of the Independent Electoral and Boundaries Commission (Amendment) Act, No.1 of 2023 states as follows: “(1) The First Schedule to the Independent Electoral and Boundaries Commission Act, 2011 is amended in paragraph 1 by deleting sub-paragraph (2) and substituting therefore the following new sub-paragraph—
Hon. Members, Article 119 of the Constitution gives right to any person to petition Parliament to consider any matter within its authority. Further, Standing Order 225 (2) (b) requires the Speaker to report to the House any petition other than those presented by a Member. In that regard, I wish to report to the House that my office has received a Petition from one, Mr. Amos Nyasani, regarding the …
On a point of order, Hon. Deputy Speaker.
What is your point of order Mwalimu Milemba Omboko, Member for Emuhaya?
Thank you, Hon. Deputy Speaker, for according me this chance. I seek your indulgence so that we can weigh in on this Petition for some time. Thank you.
The Petition will be taken to the Committee. It will later come to the House which will have an opportunity to weigh in on it. Thank you. Leader of the Majority Party.
Thank you, Hon. Deputy Speaker. I beg to lay the following Papers on the Table: Annual Report of the Parliamentary Service Commission for the Financial Year 2021/2022. Report of the Auditor-General and Financial Statements on Eldama Ravine Technical and Vocational College for 18 months for the period ended 30th June 2022. Reports of the Auditor-General and Financial Statements in respect of the…
Chairperson, Public Debt and Privatisation Committee.
Hon. Deputy Speaker, I beg to lay the following Paper on the Table: Report of the Public Debt and Privatisation Committee on its consideration of the Consolidated Fund Services expenditures for the Supplementary Estimates No. 1 of 2022/2023. I thank you, Hon. Deputy Speaker.
Chairperson, Committee on Delegated Legislation.
Hon. Deputy Speaker, I beg to lay the following Paper on the Table:
I now call upon the Chairperson of the Public Debt and Privatisation Committee to give notice of Motion.
Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Public Debt and Privatisation
I now call upon the Chairperson of the Committee on Delegated Legislation to give his notice of Motion.
Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Crops (Coffee) (General) (Amendment) Regulations 2022, laid on the Table of the House today and pursuant of provisions of Section 18 of the Statutory Instruments Act, 2013 and Standing Order 210
I now call upon Hon. Peter Kaluma, Member for Homa Bay Town.
Thank you, Hon. Deputy Speaker. Pursuant to Standing Order 33 (1) , I seek leave for the adjournment of the House for purposes of discussing an urgent matter of national importance being the ongoing challenges being faced in the implementation of the Competency-Based Curriculum (CBC) within the education system.
[(Applause)]
I can see this is unanimous. You may be seated.
[(Applause)]
I now call upon Hon. Githua Wamacukuru to give his Statement.
Thank you, 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 Lands regarding compensation to land owners following compulsory acquisition of their land by the national Government for the construction of the Nairobi Western Bypass Highway.
Hon. Deputy Speaker, in June 2016, the Government of Kenya commissioned construction of the Nairobi Western Bypass Highway with the aim of reducing traffic congestion within the city. Construction of the Western Bypass was launched in March 2019 with funding from the China Exim Bank. The bypass, which stretches 16.5 kilometres, is a dual-carriageway that connects from Gitaru, at the end of the Sou…
I now call upon Hon. Beatrice Chepngeno Kemei, the Member for Kericho County.
Thank you Hon. Deputy Speaker, I stand to request for a Statement regarding sexual harassment of female workers in various tea estates in Kericho County. 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 sexual harassment of female workers in various tea estates in Kericho County. Ho…
dangerous plucking zones. These tea estates do not adhere to the policy on sexual harassment. As a result of these despicable and inhumane treatment, these workers have contracted various sexually transmitted infections including HIV/AIDS eventually, losing their lives Hon. Deputy Speaker, it is high time that the rights and dignity of female workers is upheld and respected by male bosses in tea …
This is a very urgent and important matter. I know that there were other Members who had attempted to make Statements to that effect. I now call upon Hon. Beatrice Elachi, Member for Dagoretti North to weigh in on this matter.
Thank you very much, Hon. Deputy Speaker. I rise on Standing Order 84 to make a Personal Statement, but also for the women of Kericho. I want to thank the County Woman Representative for Kericho. Let me read my Statement after looking at what happened on British Broadcasting Corporation (BBC) yesterday night. Dear Hon. Members, today is a very difficult day for me as a woman, a leader and a citiz…
This crime is one that is prosecutable under the Sexual Offences Act, yet goes on unabated because no one wants to hold multinationals accountable. How else would we explain our silence 11 years after the Kenya National Commission on Human Rights’ Report on the same? The media has now chosen to highlight it and I take it to the doorstep of Unilever and Finlay. Hon. Members, we have been exposed a…
Thank you, Hon. Elachi. I now call upon one more Member, Hon. Jepkosgei Muge, Nandi County.
Thank you, Hon. Deputy Speaker for this opportunity to give my comment on the said Statement. This morning, we woke up to very sad news about what has been happening in Kericho and the multinationals. I also come from a tea growing area where we have multinationals. Allow me to quote a Kiswahili saying that says “Ukiona cha mwenzako chanyolewa, chako kitie maji.” This is not an isolated case, an…
As the Committee that has been tasked to investigate the matter, we urge them to give us a very comprehensive report to enable us to use it, first, to serve justice and secondly, as a stern warning to anyone who would ever try to do such a thing. Thank you.
Thank you, Hon. Muge, Member for Nandi County.
[(Loud consultations)]
On a point of order, hon. Deputy Speaker.
What is your point of order, Hon. Gikaria?
Thank you, Hon. Deputy Speaker. I rise on a point of order to seek your direction.
Standing Order Number?
We have this building that was built and meant for offices of Members of Parliament which houses around 15 committee rooms. Hon. Deputy Speaker, we were unable to have our meeting today as the Departmental Committee on Environment and Natural Resources because when we enquired yesterday, we were told that there are no rooms for us to meet. We would like you to give direction as to when we expect …
I think the Clerk could have picked that from the Hansard. We then will give an appropriate response to be communicated by the Speaker at the next session.
referred the matters raised in the memorandum to the Departmental Committee on Justice and Legal Affairs with regard to proposals relating to the implementation of the two-thirds gender principle and the establishment of the Office of the Leader of Official Opposition; The Joint Parliamentary Ad Hoc Committee with regard to proposals to amend the Constitution to entrench the National Government Co…
Any Member who may want to contribute? I know the last time we were here Hon. Kirwa still had seven minutes and so we will allow him to start. Hon. Abraham Kirwa (Mosop, UDA) : Thank you, Hon. Deputy Speaker for this opportunity that you have given me to support the Motion on affirmative action by the President. Naturally in this country, women get a raw deal on most of the issues, especially pol…
I now call upon Hon. John Waweru, Member for Dagoretti South.
Thank you very much, Hon. Deputy Speaker. I rise to support this proposal by the Kenya Parliament to amend the Constitution to accommodate among other things the things that have been listed by the earlier speakers. But for me, the biggest concern is the issue of us decentralising money from the centre. Just as we
are pursuing the decentralisation of money from the centre which is the National Treasury to the constituencies, I think there is a case that can also be made for the decentralisation of money from the county governments at the centre to the wards. We as Members of Parliament understand the benefits that have been accruing from decentralising money to the constituencies. I do think this opportunit…
Hon. Members, I am just following the list here on the request, but if I call out your name and yet you have already contributed to this particular Motion, you could kindly pass so that other people can have an opportunity. On the list is Hon. Bernard Kitur, Member for Nandi Hills. Had you contributed? Next is Hon. Joseph Makilap, Member for Baringo North. He is not here? Okay, let us have Hon. Ra…
Yes, Hon. Deputy Speaker.
Had you spoken to this Motion?
No, I have not, Hon. Deputy Speaker.
[(Hon. Opiyo Wandayi stood in his place)]
Leader of the Minority Party, I can see you have an intervention. Do you have a point of order? You had spoken to this Motion.
Hon. Deputy Speaker, he is taking my time. The Leader of the Minority Party is taking my time.
Leader of the Minority Party, please, take your seat. We have someone on the Floor. I thought you had a point of order. Proceed, Hon. Rahim.
Thank you, Hon. Deputy Speaker. I hope my time will be increased because the Leader of the Minority Party normally takes everybody’s time. The Motion before us to amend the Constitution is a very timely one because we tried to do it in the last Parliament and the previous two Parliaments. We tried to do the two thirds- gender principle when Hon. Aden Duale brought a Bill a couple of times. I also …
get our act together so that nobody can again go to the Supreme Court and ask for this House be dissolved. We have been told that Cabinet Secretaries appearing in Parliament will not assist in any way and the committees will be moribund. That is not true at all because if the Cabinet Secretaries come, they will not answer all the Questions. The work of the committees will still go on the way it is…
Excuse me, one moment, Hon. Rahim Dawood. Hon. Rozaah Buyu, you are next and I see you are roaming around. You are the next to speak. So, take your seat. Go on Hon. Dawood.
Thank you, Hon. Deputy Speaker. Lastly, we need to do what needs to be done. We do not need side-shows to the effect that we are going to create a parliamentary system whereas we had adopted the presidential system. What does not work, does not work and what works needs to be put in the Constitution. Some of our colleagues because of political interests and because it has been brought by someone t…
Hon. Members as we proceed, I just wish to recognise the presence of Sugoi Girls Secondary School, from Turbo Constituency, Uasin Gishu County, the city of champions, in the Speaker’s Gallery.
I also want to recognise the Kenya Women Parliamentary Association (KEWOPA) that have made today an African Dress Day. As you can see, our women are fabulously dressed.
[(Applause)]
Hon. Deputy Speaker, I want to thank you for this opportunity. Hon. Deputy Speaker, I am more than grateful that you are sitting on that sit on a day KEWOPA has decided to make an African Attire Day. I want to acknowledge the support that you give to KEWOPA. Hon. Deputy Speaker, we know that there are many designers, small-scale designers called tailors in our small rural homes who struggle to mak…
[(Applause)]
Let us have Hon. Opiyo Wandayi from Ugunja Constituency.
You know, there is a tendency which is crippling into this House; which is very dangerous. The Constitution and Standing Orders are very clear. Precedence in this House starts with the Speaker, the Leader of the Majority Party and the Leader of the Minority Party, in that order. That has to be followed. Otherwise, we will cause chaos in this House. That notwithstanding…
Hon. Opiyo Wandayi, you cannot cast aspersions on the Speaker. You have been given precedence. You are not the next. So, please, take your time and address the Motion.
I am saying this for the record. Let me contribute to this Motion by saying all I have said before concerning this matter stands. For the avoidance of doubt, I do not think it was necessary for a communique or a communication of the sort we are dealing with in this Motion to come to this House in the manner it did. The House had commenced to work on the NG-CDF and the other funds on its own motion…
every other Cabinet Secretary to be thronging this House every other day purporting to answer Questions from Members.
What is your point of order, Hon. Owen Baya?
I wish you would allow me to continue…
Just allow me one minute, under Article 125.
[(Hon. Opiyo Wandayi stood in his place)]
Hon. Opiyo Wandayi, you have been here long enough. Please take your seat.
You know, I am getting amazed.
Article 125 of the Constitution says that either House of Parliament and/or any of its Committees has powers to summon any person to appear before it to give evidence or provide information. Parliament has powers to summon any member to do that, either in Committee or as Parliament. Thank you.
Let me continue and obviously ignore him. If that were the case, then why are we amending the Standing Orders? If it was clear that you can summon them – and we are summoning them even currently under the Standing Orders – this is not summoning! This is something else. Hon. Temporary Speaker, on a matter such as this, you need to be very sober-minded. If you go through this route thinking this is…
Hon. Opiyo, you have one minute. Please summarise.
Just two minutes. As we do this, we must also reflect on where we are coming from, as a country. In the recent past, we have had to contend with very unfortunate episodes. There is the recent remark by Hon. Gachagua; you know some of these remarks and outbursts have got the effect of eroding the principle of the spirit of constitutionalism in this country. I was just looking at Article 27 of the C…
Thank you, Hon. Opiyo Wandayi. Hon. Members, I can see there is a lot of interest, especially on the Competency Based Curriculum (CBC) Motion. We only have 14 minutes on this Motion. I would ask that we keep it short so that many Members can contribute. I will give this chance to Hon. Daniel Karitho, Member for Igembe Central.
Thank you, Madam Temporary Speaker. I stand to support this Motion on NG-CDF. There are a lot of noise.
[(Several Hon. Members consulted loudly)]
Thank you, Hon. Temporary Speaker. I stand to support this Motion because it is very important especially on the two-thirds gender rule. It is a Motion that we cannot avoid because it is in the Constitution, which we must uphold and protect. We have no way but to support this Motion so that gender can be protected. On the issue of having Cabinet Secretaries in this House to answer Questions other…
I support all those amendments. Thank you.
Hon. Moses Kirima, Member for Central Imenti, proceed.
Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this important Motion on the amendment of our Constitution at this moment. This is the right time to come up with amendments since our Constitution was promulgated in 2010, even though it has not been implemented to the letter. There are provisions that have not been legislated upon as per the Articles of the Consti…
Hon. Abdul Haro.
Hon. Temporary Speaker, sorry I had contributed to this Motion last week.
Thank you. Hon. Members, please note you cannot contribute twice to the same Motion. This chance will go to Hon. Beatrice Elachi. I see she is not in the House. Hon. Paul Biego. Not in the House. Hon. Robert Mbui, you have contributed. Hon. Julius Rutto.
Thank you so much, Hon. Temporary Speaker, for the opportunity you have accorded me to contribute to the Motion before us. This Motion is a continuation of what we had already discussed in the previous session. All of us agree that NG- CDF, NGAAF and other decentralised funds were designed to bring equalisation across Kenya. If you listen to feedback, people really appreciate those funds. The fund…
and spirit of the amendments so that we are able to progressively improve governance and citizen participation. Kenyans, who have confidence in elected people, should be able to transparently participate and follow up on decisions being made for their benefit. I support the Motion. We need to protect NG-CDF and NGAAF. I believe the funds do not interfere with devolution. In any case, I remember t…
Order, Members. I can see there is still a lot of interest and this Motion is not limited. So, debate on it will go on. But right now, for the convenience of the House, we will move to the Motion on Adjournment of the House by Hon. Kaluma, as approved by the Speaker. The Mover will have 10 minutes to move the Motion. Any other Member will have five minutes. I want you to get that very well. I woul…
Hon. Members, the time being