National Assembly · Afternoon Sitting

Hon. Members, before we go to the next Order, I wish to introduce to the House a delegation from the Parliament of Zambia which is seated in the Speaker’s Gallery. The delegation comprises of Members of Parliament of the Committee on Youth, Sports, and Child Matters. They include:

Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations.

Hon. Speaker, I beg to give notice of the following Motion: THAT this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its consideration of the Agreement between the Republic of Kenya and the Government of the United Kingdom of Great Britain and Northern Ireland on Defence Cooperation, laid on the Table of the House on Tuesday, 21st March, 20…

What did I hear you say, Hon. Koech, on the first exemption?

Article 6 (5) of the agreement should include murder as one of the offences not to be considered as arising from official duties hence under the jurisdiction of the host nation. They had given a number of things that could be omitted from being tried in this jurisdiction. They omitted murder as one of those that we could try within…

Have you put it back?

We have put it back.

Very good. I thought you had excluded it. We have dealt with this matter for many years and you have no authority to exclude anybody from criminal

responsibility. Well done. It is also important for you to note that Britain is not a Republic; it is a Kingdom. So, you should correct your records. Chairperson, Select Committee on NG-CDF, Hon. Musa Sirma.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the National Government Constituencies Development Fund on two constituency committees, laid on the Table of the House on Tuesday, 21st March, 2023 and pursuant to the provisions of Section 43 (4) of the National Government Constituencies Development Fund Act, 2015 and paragraphs 5 (2) and (10) of th…

Member for Lang’ata, Hon. Phelix Odiwuor. I thought you are Jalang’o. Is that a nickname?

That is my name, Hon. Speaker. Hon. Speaker, I beg to give a notice of the following Motion on Public Health concerns at Lang’ata Cemetery: THAT, aware that Article 42 of the Constitution provides for the right of every person to a clean and healthy environment; further aware that Article 69 of the Constitution obligates the State to ensure sustainable utilisation of the environment and natural r…

Member for Kanduyi, Hon. John Makali. He seems to have deferred the Notice of Motion to tomorrow. Member for Central Imenti, Hon. Moses Kirima.

(Notice of Motion by Hon. John Makali deferred)

Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that the Eucalyptus tree species are popular among large scale and commercial tree farmers in Kenya; noting that this tree species are grown in most ecological zones in the country and in particular Western, Central Rift Valley, Central Kenya, parts of Eastern and the Coastal region of the country; acknowledging that farming …

Thank you. Hon. Ndindi Nyoro, we are back to you. Kindly, lay your Paper.

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Budget and Appropriations Committee on its consideration of the Division of Revenue Bill (National Assembly Bill No. 9 of 2023) . Thank you very much.

Thank you. Next Order.

Hon. Speaker, could the Cabinet Secretary for Defence, Intelligence and Foreign Relations:

That Question is referred to the Chairman, Departmental Committee on Defence, Intelligence and Foreign Relations. We expect an answer in two weeks’ time. Member for Kirinyaga County, Hon. Wakili, Njeri Maina. Question No.052/2023

Hon. Speaker, could the Cabinet Secretary for Health:

Chairman, Departmental Committee on Health. He seems not to be in. Can any Member of the Committee inform him that we need an answer in two weeks’ time? Member for Tana River County, Hon. Amina Dika. Question No.053/2023

Hon. Speaker, could the Cabinet Secretary for Education:

That Question is referred to the Departmental Committee on Education and Research. Where is Hon. Julius Melly? Hon. Malulu Injendi, kindly, tell your Chair to bring an answer in two weeks’ time. Member for Kibwezi West, Hon. Mwengi Mutuse. Question No.054/2023

Hon. Speaker, considering that the value attached to lands and plots compulsorily acquired for construction of Kibwezi-Kitui Road in 2017 and lorry parking in Kibwezi Town have since appreciated over time, could the Cabinet Secretary for Lands, Public Works, Housing and Urban Development:

Chairperson, Departmental Committee on Lands. Is there any Member of the Committee present? Inform the Chairman that we need the answer in two weeks. The next Question is by the Member for Starehe, Hon. Amos Mwago. Question No.055/2023

Hon. Speaker, I rise to ask the Cabinet Secretary for Interior and National Administration the following Question: Could the Cabinet Secretary—

Thank you, Hon. Member. Chairperson, Departmental Committee on Administration and Internal Affairs. Ako wapi Mhe. Tongoyo? Bring the answer in the next two weeks. The next Question is by the Member for Thika Town, Hon. Alice Ng’ang’a. Question No. 056/2023

Hon. Speaker, I rise to ask the Cabinet Secretary for Interior and National Administration the following Question: Could the Cabinet Secretary—

Thank you, Hon. Member. Chairperson, Departmental Committee on Administration and Internal Affairs, Hon. Tongoyo, bring the answer in the next two weeks. There is a statement by Hon. Cynthia Muge, Member for Nandi County.

Hon. Speaker, I rise to request for a Statement regarding issuance of diplomatic passports to Kenyan athletes. Pursuant to the provisions of Standing Order 44 (2) (c) , I request for a Statement from the Chairperson, Departmental Committee on Sports and Culture, regarding the issuance of diplomatic passports to Kenyan athletes. Athletics has a major impact in Kenya both economically and socially.…

100 metres champion, Ferdinand Omanyala, who failed to travel to Oregon in time to participate in the World Athletics Championship because of visa challenges. Pursuant to the Kenyan Citizenship and Immigration Act, No.12 of 2011, the Cabinet Secretary is empowered, where he considers necessary, to authorise the issuance of a diplomatic passport to a person who does not fall in any of the categori…

Hon. Cynthia, are you sure that your Statement should not have been directed to the Departmental Committee on Administration and Internal Affairs? They are the ones who are responsible for management, issuance and withdrawal of passports. Maybe, you should re-consider that. You are taking a route where the Cabinet Secretary will go to another Cabinet Secretary to get you an answer.

I stand guided, Hon. Speaker.

Yes. Next Order.

Hon. Members, you will notice you have a Supplementary Order Paper. On the request of the Leader of the Majority Party and for the convenience of the House under Standing Order 42, I wish to reorganise business and order that Order 13 be considered immediately after Order 8. Chairperson, Budget and Appropriations Committee.

On a point of order, Hon. Speaker.

Hon. Atandi, what is your point of order?

Hon. Speaker, I rise on Standing Order 250 as read together with the Speaker’s Rules 1, 2, 3...

Just hold on.

Hon. Speaker, Standing Order 250 does not anticipate a situation where a stranger is allowed to come to Parliament, and specially to address the media within the precincts of Parliament. Several strangers were in Parliament this afternoon.

Order, Hon. Atandi. Sit down, please. Take your seat. Standing Order 250 does not give you an opportunity to make any Statement on the Floor. If you want to make a Statement, you know the procedure. Out of courtesy, you first see the Speaker and inform him what you want to raise as a matter. Then, depending on the circumstances, he will give you an opportunity to say whatever you wish to say. I r…

Hon. Speaker way before time, so that he is satisfied that what you want to raise does not offend Standing Orders, any laws or provisions of our Constitution, and that it falls within the orderly conduct of our business in the House. Chairperson, Budget and Appropriations Committee.

Hon. Speaker, I beg to move the following Procedural Motion: THAT, pursuant to the provisions of Standing Order 120, this House resolves to reduce the publication period of the Division of Revenue Bill (National Assembly Bill No.9 of 2023) from seven days to one day. Hon. Speaker, we have been in a marathon in the recent past as we considered the Supplementary Estimates and then the Budget Policy…

Who is seconding you, Hon. Chairperson?

Hon. Speaker, I had requested Hon. Aseka to second.

Thank you. I was consulting with the Clerks-at-the-Table. Hon. Aseka, go ahead.

Thank you, Hon. Speaker. As the Chairperson has said, looking at the constitutional timelines and the recess that is ahead of the House, I beg to second.

[(Question proposed)]

[(Question put and agreed to)]

Leader of the Majority Party.

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 28 (4) , this House resolves to alter its Calendar for the Second Session (Regular Sessions) , as adopted on Wednesday, 15th February 2023, by varying the period for the Short Recess with respect to the First Part of the Session so that-

of committees some quality time to finalise their work on Bills and treaties before resumption of regular sittings. That is why we seek an extension of our recess by a week. It is actually a working recess. You will also notice that the Easter holidays fall during the recess period. Therefore, Members will have an opportunity to also reconnect with their families and constituents and engage with …

Hon. Robert.

Thank you, Hon. Speaker. I rise to second this Motion. For the benefit of everyone and especially the citizens of this country, I just want to note that recess for the National Assembly is not a holiday. Every time we use the word “recess”, people might think that Parliament is going on holiday. We are not going on holiday. We are only changing the venue of work. Parliament operates from the Chamb…

[(Question proposed)]

[(Question put and agreed to)]

Order, Hon. Members on their feet. Take you seats! I will now put the Question on Order No.9. Next Order.

[(Question put and agreed to)]

[(Hon. Raphael Wanjala walked into the Chamber)]

Order, Hon. Member! Take your seat, Hon. Wanjala! We can give you the liberty to extend your conversation in the corridor as business goes on.

Hon. Temporary Chairlady, can you compel the Chairperson of the Budget and Appropriations Committee to listen so that he can answer? Or, should I proceed because this is on Hansard and he will miraculously hear what I am about to ask. The Temporary Chairlady : Hon. (Dr) Oundo, please continue.

[(Hon. Martha Wangari)]

Hon. Temporary Chairlady, I am interested on further clarification on (d) on equitable share and the explanatory memorandum where they are transferring the library services to the counties to a tune of Ksh425 million. The Chairperson should probably explain to the nation, members of the public and Members of this House, what happens to the Kenya National Library Services as currently constituted? …

[(Hon. Martha Wangari)]

Thank you very much, Hon. Temporary Chairlady. The approximate Ksh430 million is a transfer to the counties. As it is, library services are part of the devolved functions. We are trying to transfer this function gradually and sequentially. We have just started with the salaries and I am sure the other allocations will follow. Daktari is aware that devolution is not an event but a process and we ar…

[(Schedule agreed to)]

[(Clause 2 agreed to)]

[(Clause 1 agreed to)]

[(Hon. Martha Wangari)]

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Division of Revenue Bill (National Assembly Bill No. 9 of 2023) and its approval thereof without amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

Let us have the Chairperson of the Committee of the whole House.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Division of Revenue Bill (National Assembly Bill No. 9 of 2023) and its approval thereof without amendments.

Mover?

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Eric Muchangi Karemba, the Chairperson of the Departmental Committee on Labour, to second the motion for agreement with the Report of the Committee of the whole House.

Hon. Karemba.

Thank you, Hon. Temporary Speaker. I second.

[(Question proposed)]

You do not want to contribute. An Hon. Member We are done.

You are done. Is it the mood of the House that I put the Question?

Yes.

[(Question put and agreed to)]

Mover to move Third Reading.

Hon. Temporary Speaker, I beg to move that the Division of Revenue Bill (National Assembly Bill No. 9 of 2023) be now read a Third Time. I also request, Hon. Rahab Mukami, the Nyeri County Representative, to second.

Hon. Temporary Speaker, I second.

Any contributions? Is it the mood of the House that I put the Question? The Member seated next to the Chairperson, why are you raising your hand? Give him the microphone.

[(Hon. Eric Kahugu raised his hand)]

Hon. Temporary Speaker, the Member for Kiharu needs to know that I am the Member for Mathira Constituency and not Murang’a County. I support that the Bill be read a Third Time.

Without further mention or ado, and it being the mood of the House that we put the Question, I have confirmed that we have the requisite quorum in the House for purposes of making a decision.

[(Question put and agreed to)]

[(The Bill was accordingly read the Third Time with leave of the House and passed)]

Next Order.