National Assembly · Afternoon Sitting

Hon. Members, I wish to notify you that I am in receipt of the Report of the Multi-Sectoral Working Group on the Realisation of the Two-Thirds Gender Principle as submitted by the Cabinet Secretary, Ministry of Gender, Culture, the Arts and Heritage, Hon. Aisha Jumwa. The Report is scheduled for tabling by the Leader of the Majority Party today. As you are aware, the Multi-Sectoral Working Group w…

Gender Principle finalise its work, and recommend a framework of implementation of the two- thirds gender principle and submit its report to Parliament for consideration. Further, as you may be aware, last week, the leadership of both Houses of Parliament held a meeting with the Cabinet Secretary for Gender, Culture, the Arts and Heritage, and the Multi-Sectoral Working Group. During the meeting,…

Hon. Members, I have some messages to relay. Hon. Members, take the nearest seats. I have two messages from the Senate.

[(Several Members walked in the isles)]

Hon. Members, pursuant to Standing Order 41 (1) of the National Assembly Standing Orders, I wish to report to the House that I have received two Messages regarding the adoption of the Report of the National Dialogue Committee and approval of the Mediated Version of the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023) . The first Message conveys that the Senat…

In this regard, the Speaker of the Senate and I will be reaching out to the leadership of the Majority and Minority Parties in both Houses for a meeting. The meeting is to chart the way forward on areas within the purview of Parliament.

Hon. Members, pursuant to Standing Order 41 (1) of the National Assembly Standing Orders, I wish to report to the House that I have received seven messages from the Senate regarding the passage of the following Senate Bills–

No. 205 of 30th December 2022, seeks to provide for a framework for agricultural and livestock extension services and to establish the Agricultural and Extension Service. Hon. Members, in the Fourth Message, the Senate conveys that on Wednesday, 21st February 2024, it considered and passed the Mung Beans Bill (Senate Bill No. 13 of 2022) with amendments. The Bill was published vide Kenya Gazette …

[(Laughter)]

Member for Nyali, Hon. Mohamed Ali, you have a Petition.

Hon. Speaker, I would like to present a Petition regarding the proliferation of Lesbians, Gay, Bisexuals, Trans-gender and Queer (LGBTQ) in the country. I, the undersigned, on behalf of the citizens of Kenya, representing Muslim and Christian religious leaders and organisations, non-governmental organisations and individuals; draw the attention of the House to the following: THAT, over the past …

deemed unnatural; THAT, those meticulously planned and financially supported endeavours are also prevalent in numerous African countries such as Uganda, Botswana, Zimbabwe, Namibia, and several others; THAT, representatives and community members claim that their rights and freedoms have been infringed upon due to discrimination based on sexual orientation and gender identity; THAT, the Supreme Cou…

Thank you, Hon. Mohamed. Under the Standing Orders, there is always room for Members to make comments if they wish. The matter on National Dialogue Committee was a Communication from the Chair. Are you afraid of the LGBTQ? I commit the Petition to the Public Petitions Committee, which should expeditiously handle it and bring back a report within the specified period within the Constitution.

[(A Member spoke off the record)]

Committee. We need to have some expeditious disposal of petitions, including this one by the Member for Nyali. Next Order.

Leader of the Majority Party.

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

Thank you, Hon. Waqo. Chairperson, Departmental Committee on Agriculture and Livestock.

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

Thank you, Dr Mutunga. Next Order.

Member for Kabuchai.

Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that Article 57 of the Constitution obligates the State to take measures to secure the rights of older persons to live in dignity and receive reasonable care and assistance from the State; noting that, to actualise the provisions of Article 57 of the Constitution, the Government rolled out the Inua Jamii Cash Transfer Program…

Chairperson, Public Investments Committee (PIC) on Commercial Affairs and Energy. Who is the Chairperson? Hon. Waqo? Ah! Hon. Pkosing.

The PIC sits on this side, Hon. Speaker.

Go ahead.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Public Investments Committee on Commercial Affairs and Energy on its examination of the reports of the Auditor-General on the Financial Statements of Selected State Corporations, laid on the Table of the House on Wednesday, 6th December 2023.

Thank you, Hon. Pkosing. Next Order.

On a point of order, Hon. Speaker.

Hon. Opiyo Wandayi.

Thank you very much, Hon. Speaker. I was just agonising and, perhaps, this is the right time to raise this issue.

What issue?

The issue of the Budget Policy Statement (BPS) which, in my view, is relevant and, perhaps, you can give guidance.

Can I finish with the Chairperson the Departmental Committee on Administration and Internal Security first?

Most obliged.

Yes, Hon. Speaker.

Hon. Njeri Maina, that is your statement being responded to. You better pay attention.

[(Hon. Njeri Maina consulted with Hon. Martha Wangari)]

Who was on the Floor?

Thank you, Hon. Speaker, we are moving an amendment to our Report that was tabled before this House on Thursday, 30th November 2023. Before I move the amendment, I would like to apprise Members of this House that the Report that we tabled indicated a figure which after scrutiny we realised was erroneous in terms of the total shareable revenue. As you know, Hon. Speaker, Public Accounts Committee r…

No, I just wanted to apprise Members so that I read. You do not have to. Move your amendment.

Thank you. With your guidance, I now read. Hon. Speaker, on behalf of the Chairman, Hon. Mbadi, I beg to move: THAT, this House adopts the Report of the Public Accounts Committee on its Examination of the Report of Auditor General on the Financial Statements for the National Government Ministries, Departments and Agencies for the Financial Year 2020/2021, laid on the Table of the House on 30th No…

[[The Deputy Speaker (Hon. Gladys Boss) took the Chair]]

Hon. Member for Funyula.

Thank you, Hon. Deputy Speaker. I rise to second the Motion as presented on the Floor of the House by my colleague, Hon. Mutuse. I want to draw the attention of the people of Kenya to Article 203 (3) , which indicates clearly that the shareable revenue will be based on the recently approved national accounts by the National Assembly. So, it is critically important that once this Motion is passed a…

[(Question of the amendment proposed)]

Yes, Hon. Mbadi.

Thank you, Hon. Deputy Speaker. I thought I would take a minute just to make it simpler. My colleague Hon. Mutuse, a renowned lawyer in this country, has done justice to this amendment and so has Hon. (Dr) Oundo who is my diligent Member of the Committee. Allow me explain to Members in a few words what this amendment seeks to do. Hon. Deputy Speaker, we are required by the Constitution to divide …

Hon. Members, before we continue with the contributions, allow me to recognise students seated in the Public Gallery. They are from Bishop Alexander Muge Girls High School, from Kwanza Constituency in Trans Nzoia County. The Hon. Member for Kwanza, Hon. Ferdinand Wanyonyi, I will allow you to contribute to this debate as you welcome the school from your constituency.

Hon. Deputy Speaker, thank you very much. I take this opportunity to welcome the school which is in my constituency. Those who are in here, please, welcome to the Sitting. This is where we make the rules. I hope and pray that one of you will aspire to be a Member of Parliament in future. On behalf of the Hon. Speaker and Members of Parliament, I welcome you to this Sitting. Thank you very much.

Let us have the Member for Navakholo, Hon. Emanuel Wangwe. Your card is still there. Okay. Let us have the Hon. Member for Saboti, Hon. Caleb Luyai. He seconded? Okay. If you have spoken you can pull out your card. Hon. Adan Haji, Member for Mandera East. He has pulled out his card. It seems that on this particular proposed amendment… Maybe I should just put the Question.

[(Hon. Emanuel Wangwe spoke off the record)]

[(Hon. Caleb Amisi Spoke off the record)]

[(Question, that the words to be left out be left out, put and agreed to)]

[(Question, that the words to be inserted in place thereof be inserted, put and agreed to)]

[(Resumption of debate on Motion as amended)]

Hon. Members, we can resume debate of the Motion as amended. Hon. Victor Koech of Chepalungu Constituency.

[(Question of the Motion as amended proposed)]

Thank you, Hon. Deputy Speaker. Having looked around and seeing the mood of this House, I stand under Standing Order 95, to request that the Mover be called upon to reply.

Thank you. Where is the Mover to reply? Who is the Mover?

Thank you, Hon. Deputy Speaker. In replying, I do not want to say much. When I was moving the Motion, I took a lot of time. I actually took close to one hour moving it. I want to thank Members of this House who have contributed to this Motion, including those who did not have the opportunity to contribute. Your contributions are highly appreciated. I sat here through Thursday evening. A number of…

important that this House takes note of that. We are the budget-making institution. We should not be complaining. I say so because we are complaining to ourselves. Something else that I wanted to talk about regards one of the Members. He talked about signing of contracts. Signing of the commercial contracts involves the State departments. Financial contracts are exclusively done by the National T…

What is it, Hon. Milemba?

Thank you, Hon. Deputy Speaker. I rise under Standing Order 53 (3) to request that the putting of the Question on this matter be deferred to a later date.

Alright! That is acceptable. Thank you, Hon. Omboko. Let us move to the next Order.

[(Putting of the Question deferred)]

Chairperson, Departmental Committee on Labour.

Thank you. The Bill was read a First Time in the House on 17th August 2023, pursuant to the Standing Order 127 (1) . The Bill was committed to the Departmental Committee on Labour for consideration and facilitation of public participation. The principal object of the Bill is to provide for the right to disconnect in the digital age. This Bill seeks to address increased employee burnout. Digital c…

On a point of order, Hon. Temporary Speaker.

Hon. Temporary Speaker, I beg to move that the Employment (Amendment) Bill, (Senate Bill No. 11 of 2022) , be now read a Second Time. The Bill was read for the First Time in the House on 17th August 2023, pursuant to Standing Order 127 (1) , and committed to the Departmental Committee on Labour for consideration and facilitation of public participation. The principal object of the Bill is to pro…

On a point of order, Hon. Temporary Speaker. Order, Hon. Chairperson. A point of order is a higher Motion.

Thank you, Hon. Temporary Speaker, for giving me this opportunity and indulging me. I know that I should not be raising this point of order at this time, but I know that, sometimes, when Committee Chairs move their Reports, Members are not available in the House. Listening to the Committee Chairperson, it is unclear whether he is rejecting the Report or proposing amendments to it. He needs to be v…

Thank you, Hon. Temporary Speaker. There is ambiguity when an employee has not completed a set task for the day. The proposed amendment to Section 27 (a) (6) would give employees blanket immunity, even where there are legitimate reasons for contacting them after working hours.

The justification is that: