National Assembly · Afternoon Sitting

Tuesday, 24 October 2023

Session Summary

Members debated amendments to the Kenya Drugs Authority Bill, proposing to rename it the Kenya Health Products and Technologies Regulatory Authority and to update terminology to align with WHO standards. A key point of contention was whether the Bill adequately defines “scheduled substances,” with some members urging clarification. The Speaker directed that all approved amendments be considered in the Committee of the Whole House. Members debated an amendment to Clause 5 of the Kenya Drugs Authority Bill that would allow the Authority’s board to determine the location of its headquarters by resolution, rather than fixing it in Nairobi. Most speakers argued for retaining Nairobi as the permanent headquarters and limiting the amendment to the establishment of branches elsewhere, citing cost and administrative stability, while a few supported the flexibility as a devolution measure. The Temporary Chair clarified that the amendment does not alter the headquarters provision, only the placement of additional branches. Members debated technical amendments to Clause 7, focusing on wording about conviction status and salaried employment to clarify MP disqualification criteria. The discussion turned procedural as several members raised concerns about late‑submitted amendments and sought guidance from the Temporary Chairlady on how to handle them efficiently. While some members supported the committee’s proposals, others warned against procedural chaos and unnecessary criticism of the House’s processes.

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Hon. Speaker

Serjeants-at-Arms, we do not have the numbers yet. Ring the Quorum Bell. Hon. Members, we now have a Quorum to transact business. Clerks-at-the-Table, can we proceed.

[(The Quorum Bell was rung)]

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Hon. Speaker

What is it, Hon. Mwenje? Is it Mark Mwenje? I am very sorry. I was in the 7th Parliament and the 9th Parliament with your father. But the apple never fell far from the tree. Next Order. Hon. Oyula, take the nearest seat.

[(Hon. Maero Oyula walked into the Chamber)]

[(Laughter)]

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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 of the Select Committee on Regional Integration.

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Hon. Wanjiku Muhia (Kipipiri, UDA)

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

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Hon. Speaker

Thank you. We will go back to Order No.5. At Order No.5 (1b) , I am told the Chairperson of the Select Committee on National Government Constituencies Development Fund (NG-CDF) had some comments to make. Do you? If you do not, then it is okay.

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Hon. Musa Sirma (Eldama Ravine, UDA)

I do not have any comment.

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Hon. Speaker

Okay; fine. Order, Hon. Members. Next Order. Chairperson of the

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Hon. Wanjiku Muhia (Kipipiri, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Select Committee on Regional Integration on the Study Visit to the Common Market for Eastern and Southern Africa (COMESA) Headquarters in Lusaka, Zambia, laid on the Table of the House on Tuesday, 24th October 2023.

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Hon. Speaker

Thank you. Hon. Sirma, I am told to stay your matter on laying the Report and giving notice of Motion. It is so ordered. Member for Westlands, Hon. Tim Wanyonyi. Can you give him the microphone?

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Hon. Tim Wanyonyi (Westlands, ODM)

Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that land is a critical but limited factor of production that supports human habitation and food production; noting that agriculture is Kenya’s main economic mainstay; appreciating that the Central Bank of Kenya (CBK) Monetary Policy Committee Agriculture Sector Survey 2022 estimated that the contribution of the agriculture s…

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Hon. Tim Wanyonyi (Westlands, ODM)

the Government, through the Ministry of Lands, Public Works, Housing and Urban Development puts in place a policy framework for effective land use in rural areas by consolidating and designating zones for built development for commercial and residential development with shared public utilities and separate zones for agricultural use in order to arrest further diminishing of agricultural land and s…

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Hon. Speaker

Thank you, Hon. Wanyonyi. Next Order.

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Hon. Speaker

Next Order. There are no questions. Hold on. Yes, Hon. Robert Mbui, the Acting Leader of the Minority Party.

[(Laughter)]

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Hon. Speaker

Hon. Members, before the Speaker leaves the chair, I will give Hon. Kaluma two minutes to prosecute what he wants to prosecute. I also want to encourage you that this Bill is literally precedent-setting. The Committee has proposed amendments to every clause, including the title. Ordinarily, I would have advised them to bring a whole new Bill. Since we have reached where we are, I have acceded to t…

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Hon. Peter Kaluma (Homa Bay Town, ODM)

Hon. Speaker, you partly prosecuted the matter I wanted to raise with you. This is a very important Bill. The several amendments proposed, and I can confirm from pages 1479 to 1526, over 48 pages of the Order Paper today, are proposals by the Committee, including the title. I agree with the Committee. Then, there are proposals by other Members like Hon. Irene Mayaka, Hon. Peter Owino and Hon. (Dr…

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Hon. Peter Kaluma (Homa Bay Town, ODM)

shortest time on matters the House has generally agreed upon to expedite the consideration of this Bill at the Committee of the whole House. I crave, Hon. Speaker. Thank you.

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Hon. Speaker

Hon. Chairman of the Committee, what do you say to that?

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

Thank you, Hon. Speaker. Having listened to Hon. Kaluma, I think you have already given a direction. This is a very important Bill. This is a Bill I introduced in the 11th Parliament, and we have gone through it. It is affecting a Department within the Ministry of Health, and we have proposals that we have tried as much as possible to accommodate from the Government. I think we need to move to th…

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Hon. Speaker

Hon. Deputy Speaker.

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Hon. Gladys Boss (Uasin Gishu County, UDA)

Thank you, Hon. Speaker. I agree with the Chairman of the Departmental Committee on Health. As much as it looks like there are several amendments in this Bill, those amendments are not substantial. They are restricted to small corrections of the use of certain words so that we can be in tandem with World Health Organisation (WHO) standards. For example, at titling, it makes sense because the title…

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Hon. Speaker

Thank you.

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Hon. Gladys Boss (Uasin Gishu County, UDA)

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Hon. Speaker

Hon. Members, there are some amendments that came to the Speaker's Chamber. One from Senior Counsel Otiende Amollo and one or two from other Members, including Hon. Kaluma. I direct that when you get to those amendments, they all be accommodated. Normally, there is a time cut at which your amendments should be brought, but having approved them, they will all be considered. In the event you reach …

[(Members stood up in their places)]

[[The Speaker (Hon. Moses Wetang’ula) left the Chair]]

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Hon. Deputy Speaker

Hon. Temporary Chairlady.

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Hon. Martha Wangari (Gilgil, UDA)

Hon. Deputy Speaker, I beg to report that while we were in the Committee of the whole House considering the Kenya Drugs Authority Bill (National Assembly Bill No.54 of 2022) , Hon. Otiende raised an objection that there was no Quorum present in the Committee. There was no Quorum present at the expiry of ten minutes. In furtherance with the provision of Standing Order 35 (2) (b) , I report that fa…

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Hon. Deputy Speaker

Hon. Members, the time being 6.20 p.m., the House stands adjourned until Wednesday, 25th October 2023, at 9.30 a.m. The House rose at 6.20 p.m.

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Hon. Deputy Speaker

Published by Clerk of the National Assembly Parliament Buildings Nairobi