National Assembly · Afternoon Sitting

Chairperson, Departmental Committee on Energy, Hon. Vincent Musyoka.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Energy on its consideration of the Budget Implementation Monitoring for FY 2022/2023 for the following votes, laid on the Table of the House on Tuesday, 28th November 2023:

Thank you. Member for Nyeri County, Hon. Rahab Mukami. Leader of the Majority Party, where is your Member? Go to the next Order.

Hon. Speaker, on November 8, 2023, Hon. Irene Mayaka, requested a statement from the Chairperson, Departmental Committee on Finance and National Planning on the directive seeking to tax travellers or passengers arriving into the country from international destinations to Jomo Kenyatta International Airport (JKIA) with items worth USD 500 and above. In particular, the Hon. Member wanted to know:

Hon. Speaker, through its surveillance at the border points, KRA has reduced the smuggling of restricted and prohibited goods, including counterfeit, substandard goods and narcotic drugs, among others. Illicit trade is known to deprive the Government of the much- needed revenue. Illegal trade also kills local industries and jeopardises consumer's health and safety. Hon. Speaker, to enhance compli…

Wind up.

With those remarks, I submit.

[(Loud consultations)]

Thank you, Chairman. Hon. Members, your conversations are above average today. Can you reduce your conversations?

[(Hon. Raphael Wanjala consulted loudly)]

Hon. Wanjala, I am asking Members to reduce their conversations, and you are increasing your volume.

For the other two Statements, the Cabinet Secretary has been out of the country on official duties. We started that engagement today. We will have the other two Statements ready next week.

Next Tuesday. That is all right. The next Order is by the Leader of the Majority Party. Do you have something to say?

Next Order.

Hon. Members, Hon. Otiende Amollo, Member for Rarieda, wrote to the Speaker two letters on this Bill. In the first one, he proposes that when the Bill comes to Committee of the whole House, he will delete every paragraph, including the title and the memorandum of objects as being unconstitutional. However, after reflecting on the first letter, he wrote a second one citing several provisions that h…

some of those issues before the Committee. In the event the report and the addendum thereto come to the House and some of the issues he feels very strongly about are not addressed, I will give the Hon. Member an opportunity to revisit and thereafter give a reasoned direction on the matter.

[(Applause)]

Yes, Hon. Speaker. I am a Member of the Departmental Committee on Justice and Legal Affairs. Hon. Otiende Amollo is one of the most brilliant legal minds we have in this country. As far as the proceedings and debates of the Committee are concerned, he has been missing in action. I want him to come and participate fully in the Committee so that we are able to deal with all the issues he has raised.…

[(Hon. TJ Kajwang’ spoke off the record)]

Thank you. I do not want to open debate on this, Hon. Members.

On a point of order, Hon. Speaker.

What is out of order, Kajwang’?

Hon. Speaker, the speaker who has just spoken before me is casting aspersion on Members. I am a veteran and ranking Member of that Committee. He is saying that Hon. Otiende Amollo, a few other Members, and I, yesterday, were missing in action. My friend was not there! First of all, he has just come in the Chamber right now and does not even know what we have been discussing, yet he stands up and s…

On a point of order, Hon. Speaker.

Yes, Junet. What is it?

Hon. Speaker, I am also a Member of the Departmental Committee on Justice and Legal Affairs. I bring to your attention that we are dealing with Conflict of Interest. From the word go, we must deal with the conflict of interest before the Bill is enacted by changing the venue. In his own wisdom, the Chairperson put the venue of the report writing at Weston Hotel. That already is a conflict of inter…

[(Laughter)]

You are out of order. Member for Chepalungu, hold your horses. Leader of the Majority Party.

Hon. Speaker, I mentioned that the Hon. Murugara, the Chair of the Departmental Committee on Justice and Legal Affairs, is not in the House. To hear one of his Members, the Hon. Junet Mohamed, who from the records never

attends committee meetings, claim that he did not attend a meeting because the Chair scheduled the meeting at Weston Hotel, is the height of hypocrisy. Hon. Junet Mohamed, being an old Member of this House, knows the chairpersons of committees do not decide venues of such meetings. It is the office of the Clerk and the Parliamentary Service Commission that procures hotels to hold scheduled meeting…

Member for Chepalungu. I have given the Floor to Member for Chepalungu. Sorry, Hon. Mutuse. Can you give him the microphone?

Thank you, Hon. Speaker. At the outset, I confirm that we are properly directed and we will abide by the directions you have given on the issues raised by Hon. Otiende Amollo. Secondly, I confirm that Hon. Otiende Amollo has been attending committee meetings. That is why a lot of the issues that he had raised have been debated in the Committee. Just to inform Members without anticipating or pre-e…

Can we let it end there?

On a point of order, Hon. Speaker.

What is it, Member for Kisumu East?

Thank you very much, Hon. Speaker. The African Parliamentarian’s Network Against Corruption (APNAC) is very interested and involved in conflict of interest. We have been following up with the Departmental Committee on Justice and Legal Affairs and have sent our comments. I have seen the report of the Departmental Committee on Justice and Legal Affairs. Your guidance is right. However, I request t…

Next Order.

Order, Hon. Members. Hon. Njeri, please, reduce the volume of your conversations and tell the man next to you to keep his cool.

[(Laughter)]

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the Statutory Instruments (Amendment) Bill (National Assembly Bill No. 2 of 2023). (Moved by Hon. Samwel Chepkonga on 8.11.2023 – Afternoon Sitting)

Leader of the Majority Party, I am told that this one will be handled by Hon. Chepkonga.

THAT, the Motion for agreement with the Report of the Committee of the whole House be amended by inserting the following words at the end: “subject to re-committal of clauses 2, 3 and 4.” I request the Deputy Speaker to second because she has proposed a number of amendments.

Deputy Speaker.

I second.

Members on their feet, please, take the nearest seats.

[(Question of the amendment proposed)]

Do I put the Question?

Yes.

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

Order, Hon. Members. Hon. Farah, take the nearest seat. The House resolved accordingly: THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the Statutory Instruments (Amendment) Bill (National Assembly Bill No. 2 of 2023) subject to re-committal of clauses 2, 3 and 4.

[(Resumption of debate on Motion as amended)]

[(Question of the Motion as amended proposed)]

[(Question put and agreed to)]

Next Order.

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the National Government Constituencies Development Fund (Amendment) Bill (National Assembly Bill No.13 of 2023).

Mover.

THAT, the Motion for agreement with the Report of the Committee of the whole House be amended by inserting the following words at the end: “subject to re-committal of Clause 8.” I request Hon. Samwel Chepkonga to second.

Hon. Chepkonga.

Hon. Speaker, I rise to second. I do not want to anticipate debate when it gets to re-committal. After extensive consultations between the leadership of the House, the Chairperson of the Select Committee on National Government Constituencies Development Fund (NG-CDF) and I, we have agreed that my amendment be substantively carried in the NG-CDF (Amendment) Bill that has already been published and …

[(Applause)]

Order, Hon. Members! Following the direction that I gave you, it means that when you go to the Committee of the whole House, the withdrawal of Hon. Chepkonga’s amendment will then be effected at that stage.

Hon. Temporary Chairman, as I was seconding the re-committal of this clause, I gave notice of intent to withdraw my amendment. The reason was that after very extensive consultations with the leadership of the House, including the Leader of the Majority Party, and the Chairperson of the Select Committee on the NG-CDF, it was agreed that the amendment would be carried in Hon. Musa Sirma’s amendment …

[(A Member spoke off the record)]

that we can have general consensus on how it should be. No Member should be disadvantaged by the passage of any law. It should be supported by all Members. The principles that govern the Kenya Rural Roads Authority (KeRRA) and the National Construction Authority (NCA) should apply across the board. We should not introduce amendments that will cause the Bill to be referred to the Senate. If you wan…

Hon. Temporary Chairman, I beg to move that the House reports its consideration of the National Government Constituencies Development Fund (Amendment) Bill (National Assembly Bill No.13 of 2023) and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

Hon. Chairperson, please, move reporting.

Hon. Deputy Speaker, I beg to report that the Committee of the whole House has considered the Statutory Instruments (Amendment) Bill (National Assembly Bill No.2 of 2023) and approved the same with amendments. I thank you, Hon. Deputy Speaker.

Mover.

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee in the said report. I also ask Hon. Musa Sirma to second.

I second.

[(Question proposed)]

Put the Question!

[(Question put and agreed to)]

Mover.

Hon. Deputy Speaker, I beg to move that the Statutory Instruments (Amendment) Bill (National Assembly Bill No.2 of 2023) be now read a Third Time. I request Hon. Musa Sirma to second.

I second.

[(Question proposed)]

Put the question!

[(Putting of the Question deferred)]

Next Order. Let us have the Chairperson.

Hon. Deputy Speaker, I beg to move that the House reports its consideration of the National Government Constituencies Development Fund (Amendment) Bill (National Assembly Bill No.13 of 2023) and its approval thereof with amendments.

Mover.

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee in the said report. I also ask Hon. Musa Sirma to second.

Proceed, Hon. Sirma.

I second.

[(Question proposed)]

Put the Question!

[(Question put and agreed to)]

[(Hon. Owen Baya consulted loudly)]

Hon. Deputy Speaker, protect Hon. Toroitich from the Deputy Leader of the Majority Party, who is telling him to stand for Division alone.

[(Laughter)]

overburden the physical framework that we have and the commitments the Government has made. With that, Hon. Deputy Speaker, I support and request Hon. Chepkonga to second.

Thank you, Hon. Deputy Speaker. I second and agree with the Leader of the Majority Party. He is the Leader of the Majority Party and so, these were bipartisan talks that succeeded. They did not require any signature. It was just an agreement, noted, and we prosecute. I thank you, Hon. Deputy Speaker.

[(Question proposed)]

Put the Question!

The putting of the Question will be deferred to a later time. Yes, you can say something.

[(Hon. Peter Kaluma spoke off the record)]

Hon. Deputy Speaker, I also support the action by Hon. Chepkonga in withdrawing this provision which had initially been recommitted. The need to consider a formula, however, other than that which mentions what is mentioned in that provision which Hon. Chepkonga was dealing with, remains. Hon. Chepkonga is a convener of a team that was put in by the Speaker to ensure that the NG-CDF as a Fund is s…

Member of Parliament for Kinangop, Hon. Thuku Kwenya.

Thank you, Hon. Deputy Speaker, for this opportunity. I want to join my colleagues in congratulating Hon. Chepkonga for dropping that amendment. It had far-reaching ramifications, especially for some of us who represent very big constituencies. I also want to allude to the words of Hon. Kaluma, that this is a continuous conversation so that then we align the NG-CDF with the Constitution and ensur…

people and Thika Town with a population that is to that extent, yet the money that we get for the NG-CDF are for education. This is the money we allocate to children so that they can study. Allocating the same amount to a constituency that has a population of 30,000 or 50,000 people is completely unacceptable and unconstitutional to the extent that we will not be practising equity. We must come up…

Member of Parliament for Soy, Hon. David Kiplagat.

Thank you very much, Hon. Deputy Speaker. I also lend my voice to the amendment. At this juncture, I thank the Mover of the amendment, Hon. Chepkonga for having seen the wider picture. I remember the other time we had a lot of struggles to ensure that he understood where some of us come from. If you look at Soy Constituency, it is a vast area with over 100,000 registered voters and seven wards. We…

[(Loud consultations)]

I will put the Question now that I have confirmed that we have the requisite quorum. Allow me to apply Standing Order 1 while I am on my feet, to exercise my discretion. I had deferred one of the questions on statutory instruments. I will now put the Question.

[(Question put and agreed to)]

[(The Bill was accordingly read a Third Time and passed)]

I will exercise discretion to go back to Order 5 and allow the Chairperson to table a report before the Mover moves this Bill. Hon. Wamacukuru.

Hon. Deputy Speaker, I am tabling one Paper because I had tabled the other. I beg to lay the following Paper on the Floor of the House:

[[The Deputy Speaker (Hon. Gladys Boss) left the Chair] [The Temporary Deputy Speaker (Hon. Peter Kaluma) took the Chair]]

Next Order.