National Assembly · Afternoon Sitting

Tuesday, 23 April 2024

Session Summary

The debate focused on amending the NLC Act to restore the commission's authority over public land disputes and to impose a clear timeframe for resolving historical land injustices, particularly in coastal regions. Hon. Odhiambo highlighted the emotive nature of land issues, warned against indefinite delays that could foster corruption, and called for stricter guidelines to limit discretionary abuse. Members also discussed broader concerns about legislative discretion and the need for laws that endure beyond changing political circumstances. Members discussed amendments to the IEBC Act, focusing on the appointment and qualifications of the selection panel, quorum requirements for the commission, and the definition of parliamentary parties in election oversight. While there was broad support for expediting the legislation and recognition of its importance for democratic stability, concerns were raised about procedural details and potential ambiguities. Members highlighted the urgent constitutional crisis caused by the absence of a functional IEBC, stressing that pending by‑elections and boundary reviews cannot proceed. The NADCO amendment Bill, which expands the commissioner‑selection panel from seven to nine members, was presented as a solution to restore the commission and prevent future governance gaps. Procedural exchanges underscored the seriousness of the issue while maintaining a constructive focus on passing the legislation.

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Hon. Speaker

Hon. Members, we have a quorum. Hon. Members, the Communication I am about to give relates to our fallen soldiers. Order, Hon. Members. Take your seats and stop interfering with the proceedings. When I finish the Communication, I will give the House about 30 minutes to eulogise. Over and above the Chief of the Defense Forces (CDF) , we have nine other soldiers who come from various constituencies…

[(Hon. (Dr) James Nyikal and Hon. Charles Nguna remained upstanding)]

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Hon. Speaker

Order, Hon. Members. Member for Laikipia County, take your seat. Hon. Members, pursuant to the provisions of Standing Order 41 (1) of the National Assembly Standing Orders, I wish to report to the House that I have received a Message from the Senate regarding the appointment of Senators to two Mediation Committees. The Message conveys that, pursuant to Article 113 of the Constitution, the Speake…

[(Hon. Jane Kagiri stood along the gangway)]

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Hon. Speaker

Leader of the Majority Party.

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Hon. Owen Baya (Kilifi North, UDA)

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

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Hon. Speaker

Thank you. Chairperson, Departmental Committee on Trade, Industry and Cooperatives. Hon. Kitany.

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Hon. Marianne Kitany (Aldai, UDA)

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Trade, Industry and Cooperatives on its consideration of the Economic Partnership Agreement between the European Union and the Republic of Kenya. Thank you, Hon. Speaker.

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Hon. Speaker

Chairperson, Departmental Committee on Justice and Legal Affairs, Hon. Murugara.

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Hon. George Murugara (Tharaka, UDA)

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Justice and Legal Affairs on its consideration of the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No. 10 of 2024) . Thank you, Hon. Speaker.

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Hon. Speaker

Thank you. Chairperson, Committee on Delegated Legislation, Hon. Chepkonga.

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Hon. Samwel Chepkonga (Ainabkoi, UDA)

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

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Hon. Speaker

Next Order.

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Hon. Speaker

Member for Aldai has two Notices of Motions. Go ahead.

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Hon. Marianne Kitany (Aldai, UDA)

Hon. Speaker, I beg to give notices of the following Motions: THAT, aware that the world is rapidly embracing Artificial Intelligence (AI) , which is the use of a digital computer or computer-controlled robots to perform tasks commonly associated with intelligent beings; acknowledging that the 2022 Government Artificial Intelligence Readiness Index Report ranked Kenya fifth in Africa and 90th glo…

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Hon. Marianne Kitany (Aldai, UDA)

for a digital superhighway may not be realised without deliberate interventions to lower the data costs; now, therefore, this House resolves that the Kenya Government, through the Ministry of Information, Communications and the Digital Economy, formulates a policy to:

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Hon. Speaker

Thank you. Vice-Chairlady, go ahead and give notice of the next Motion.

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Hon. Marianne Kitany (Aldai, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Trade, Industry and Cooperatives on its consideration of the Economic Partnership Agreement between the European Union and the Republic of Kenya, laid on the Table of the House on Tuesday, 23rd April 2024 and pursuant to the provisions of Section 8 (4) of the Treaty Maki…

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Hon. Speaker

Hon. Chepkonga, Chairperson of the Committee of Delegated Legislation.

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Hon. Samwel Chepkonga (Ainabkoi, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of Committee on Delegated Legislation on its consideration of the Public Finance Management Regulations, 2024, laid on the Table of the House on Tuesday, 23rd April 2024 and pursuant to the provisions of Section 24 (4) of the Public Finance Management Act, 2012, approves the Public Finance Management…

[(Kenya Millennium Development Fund)]

[(Kenya Millennium Development Fund)]

[(Legal Notice No. 51 of 2024)]

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Hon. Speaker

Thank you. Next Order by the Member for Emuhaya Constituency.

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Hon. Omboko Milemba (Emuhaya, ANC)

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 Administration and Internal Affairs regarding the rise of insecurity in Emuhaya Constituency. Article 29 of the Constitution of Kenya provides for the right of every person to freedom and security. This includes the right not to…

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Hon. Speaker

The Chairman of the Departmental Committee on Administration and Internal Affairs, Hon. Tongoyo. Hon. Raso, that is your Committee. You have two weeks.

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Hon. Ali Raso (Saku, UDA)

Two weeks is okay, Hon. Speaker.

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Hon. Speaker

Hon. Dorice Donya.

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Hon. Dorice Donya (Kisii County, WDM)

Hon. Speaker, pursuant to Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Blue Economy and Irrigation regarding the status of harvesting and storage of rain water in

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Hon. Dorice Donya (Kisii County, WDM)

throughout the year. The county is also known as the food basket of the country owing to its fertile soils and consistent rainfall all year round. It is regrettable that immediately after the rains our people flock to the springs and rivers to fetch water. With the absence of proper drainage, the area residents and animals are swept away by the resultant floods causing deaths. Various attempts to …

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Hon. Speaker

Who is the Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation? Is Hon. Bowen here? Who is the Vice-Chairperson of that Committee? Yes, Hon. Siyoi. Are two weeks sufficient?

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Hon. Lillian Siyoi (Trans Nzoia County, UDA)

Thank you, Hon. Speaker. I rise on a point of information to inform my colleague from Kisii County. I would like to inform her that water is a devolved function of the counties. I wish she could liaise with the county government for what she has raised here to be addressed there.

[(Hon. Dorice Donya spoke off the record)]

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Hon. Speaker

It is not an argument between neighbours, Hon. Dorice. Order! I approved your request for the Statement. So, it is legitimately here. Order, Hon. Wanjala. You know that is out of order. Go to the Bar, bow, and cross the Floor. You are the most senior Member here. The Departmental Committee on Blue Economy, Water and Irrigation will bring a Statement in two weeks. Next is Hon. John Mukunji, Membe…

[(Hon. Raphael Wanjala crossed the Floor without bowing)]

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Hon. Gitonga Mukunji (Manyatta, UDA)

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Department Committee on Health regarding the operationalisation of the Rehabilitation Fund. Over the years, the country has witnessed a growing problem of drug and substance abuse. Communities across the country have grappled with the issue of drug and s…

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Hon. Gitonga Mukunji (Manyatta, UDA)

urgent need for holistic strategies to combat substance abuse effectively and holistically. While the Government has taken commendable steps through the enactment of punitive regulations and directives, it is essential to complement these actions with practices and policies that focus on prevention, treatment, and recovery services for individuals. Section 53 of the Narcotic Drugs and Psychotropi…

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Hon. Speaker

Chairperson of the Departmental Committee on Health, Hon (Dr) Pukose, are two weeks enough for you? That is a request for a Statement directed at your Committee.

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Hon. (Dr) Robert Pukose (Endebess, UDA)

Yes, Hon. Speaker. Two weeks will be okay. Thank you.

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Hon. Speaker

Hon. Paul Nzengu.

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Hon. (Eng) Paul Nzengu (Mwingi North, WDM)

Hon. Speaker, pursuant to Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding the current state of county allocations for roads maintenance under the Kenya Rural Roads Authority (KeRRA) Development Fund for April 2024 to June 2024. As Members are aware, the implementation of KeRRA Procurement Pl…

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Hon. Speaker

Thank you, Hon. (Eng) Nzengu. Chairperson of the Departmental Committee on Transport and Infrastructure. Where is Hon. GK? Who is the Vice-Chairperson? Leader of the Majority Party, communicate to them to bring the Statement in two weeks.

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Hon. Owen Baya (Kilifi North, UDA)

Much obliged, Hon. Speaker.

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Hon. Speaker

Who is the Chairperson of the Departmental Committee on Social Protection? Are you the one delivering a Statement in respect of Hon. Liza Chelule's request?

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Hon. Joseph Makilap (Baringo North, UDA)

Yes, Hon. Speaker.

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Hon. Speaker

Go ahead.

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Hon. Joseph Makilap (Baringo North, UDA)

Hon. Speaker, upon the request by Hon. Lisa Chelule, Member of Parliament for Nakuru County, we sought a response from the Cabinet Secretary for Finance and National Planning as a Committee. Their response is as follows: The Pyrethrum Processing Company of Kenya (PPCK) was incorporated on 8th November 1963 as a limited company. It is a subsidiary company of the Pyrethrum Board of Kenya with Pyret…

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Hon. Joseph Makilap (Baringo North, UDA)

approved a transfer of 13 non-core assets valued at Ksh1,151,792,000 to the official receiver to settle long outstanding dues to pensioners and beneficiaries of the Pyrethrum Board of Kenya Staff Superannuation Scheme. The Attorney-General vide letter WC24/2012 dated 23rd May 2022 supported the transfer of non-core assets of PBK to pay pensioners. Subsequently, the National Treasury vide letter TN…

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Hon. Speaker

Hon. Lisa Chelule. You have heard the Statement. Are you satisfied?

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Hon. Liza Chelule (Nakuru County, UDA)

Thank you, Hon. Speaker for this opportunity to respond to the answers that have been given by the Chairperson of the Departmental Committee on Social Protection.

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Hon. Speaker

You do not respond; you seek clarification!

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Hon. Liza Chelule (Nakuru County, UDA)

Sorry, Hon. Speaker. I thank the Hon. Chairperson for being committed to this question and transferring it to the National Treasury. The Cabinet Secretary for Treasury and Economic Planning has been able to explain the chronology of events as they happened in the time of PBK and PPCK. I am happy to report that I am satisfied with the response. The National Treasury has undertaken to instruct the r…

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Hon. Speaker

Yes, Hon. Makilap. Any comment?

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Hon. Joseph Makilap (Baringo North, UDA)

Hon. Speaker, Hon. Chelule is satisfied with the response that we have given.

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Hon. Speaker

Thank you. Next Order!

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Temporary Speaker, I want to seek your indulgence. I know that Members were really interested in the business that we have just concluded. The next Order is the Niamey Report. The Chairperson of the Committee seems to have left. I wanted to seek your indulgence to reorder business so that we start with the Independent Electoral and Boundaries Commission (Amendment) Bill ahead of the Report of…

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The Temporary Speaker (Hon. Farah Maalim)

I thought I saw the Chairman and the Deputy Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations. Hon. Member, you are in the Departmental Committee on Defence, Intelligence and Foreign Relations. Are you the Deputy Chair? I thought that you and the Chair wanted this matter disposed of today.

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Hon. Major (Rtd) Abdullahi Sheikh (Mandera North, UDM)

We have agreed with the Leader of the Majority Party that I give way.

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The Temporary Speaker (Hon. Farah Maalim)

What is your point of order, Hon. Mwago?

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Hon. Amos Maina (Starehe, JP)

I rise on a point of order on Standing Order 35 to bring to your attention the fact that there is no quorum in the House.

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The Temporary Speaker (Hon. Farah Maalim)

Serjeants-at-Arms, is it true that we do not have a quorum? I will make a casual count.

[(Loud consultations)]

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The Temporary Speaker (Hon. Farah Maalim)

2024). I have acceded to that request. Standing Order No.40(2) allows the Speaker to rearrange the order of the business of the House and I have so ordered. Leader of the Majority Party, can you move Order No.12, which is the Independent Electoral and Boundaries Commission (Amendment) Bill?

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The Temporary Speaker (Hon. Farah Maalim)

Hon. Members, the time being 7.00