National Assembly · Afternoon Sitting

Hon. Members, as you are aware, the Annual National Prayer Breakfast is held every last Thursday of the month of May. In this regard, the 2024 Kenya National Assembly Prayer Breakfast is scheduled to take place on Thursday, 30th May 2024 at the Safari Park Hotel, Nairobi. The prayer breakfast will be held under the theme “Hope.” The Prayer Breakfast is an inter-denomination prayer meeting organis…

[(Several Members walked into the Chamber)]

idea of the nearest?

Hon. Members, as you are aware, the National Government Constituencies Development Fund (NG-CDF) was established in 2003 under the NG-CDF Act 2015 with an objective of supplementing infrastructure development at the constituency level in matters falling within the exclusive functions of the National Assembly. Actually, 2015 is when the amendment of the original Act was done. The Fund commenced op…

Hon. Members, this communication relates to the Regulations which have just been laid on the Table by the Leader of the Majority Party. Section 59 (3) of the Affordable Housing Act, 2024 provides that the Cabinet Secretary shall table before Parliament, Regulations made under this section within thirty (30) days of commencement of the Act. In this regard, and as part of the processing of the envi…

activities on the Draft Regulations. The House is accordingly guided. Thank you. Hon. Members, that Communication relates to an event that is about to happen. We will, therefore, consider it as having been made after the laying because it will come hereafter. I noticed that anomaly. (The Hon. Speaker consulted with the leading Clerks-at-the-Table) The next communication is a bit lengthy. I will,…

Thank you, Hon. Speaker. I wish to lay the following papers on the Table:

Chairperson of African Parliamentarians Network Against Corruption.

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

Corruption (APNAC- Kenya) from the Chairperson, APNAC-Kenya.

Thank you. Chairperson of Departmental Committee on Finance and National Planning.

Hon. Speaker, I beg to lay the following Paper on the Table of the House: Report of the Departmental Committee on Finance and National Planning on its consideration of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) .

On a point of Order, Hon. Speaker.

Yes, Hon. Owen Baya.

Hon. Speaker, I beg your indulgence. Today is the last day for laying the Financial Estimates for the National Government but as we were going to do so, we did not have them at that particular time, and they are supposed to be laid before 5.00 p.m., today.

Whenever you are ready, alert the Chair. Next Order.

Hon. Speaker, I beg to give notice of the following Motion: That, this House adopts the Report of the Departmental Committee on Finance and National Planning on its consideration of the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) , laid on the Table of the House on Tuesday, 30th April 2024, and pursuant to the provisions of Se…

Member for Kipkelion East, Hon. Joseph Kimutai.

Thank you, Hon. Speaker for giving me this opportunity. This concerns the Adjournment of the House on a definite matter of urgent national importance regarding the ongoing floods. Hon. Speaker, pursuant to Standing Order 33 (1) (c) , I rise to seek leave for the adjournment of the House for the purpose of discussing the ongoing floods and other attendant inconveniences related thereto, as experie…

to mention a few. In one unfortunate incident, the Old Kijabe Dam in Kamuchiri Village experienced structural failure characterized by sudden, rapid and uncontrolled release of impounded water, leading to deaths of over 50 persons and hospitalization of more than 100 people as at now. Hon. Speaker, opening of schools has also been halted due to uncertainty on the safety of the children and teach…

Do you have the requisite numbers supporting you?

Yes, Hon. Speaker. I am asking them to rise, Hon. Speaker.

[(Several Members stood in their places)]

Hon. Members, the Motion, for those who are not listening, is to adjourn the House to discuss the raging floods in the country. The support is overwhelming. Member for Kipkelion, I also want to advise you that after I received and approved your Motion, a Nominated Member, Hon. Irene Mayaka, brought an identical Motion. I will probably advice that after we have spoken and moved the Motion, whoever …

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the

County. Hon. Speaker, reports following the recently concluded interview processes by the Teachers Service Commission have revealed a trend impacting teachers in Chepalungu Constituency and across Bomet County. Of concern is the stark contrast in promotions, where only four teachers from Bomet County were promoted despite numerous qualified candidates while 57 positions granted to teachers from o…

The Chairman of the Committee on Education, Hon. Melly, you heard the request. Bring your Statement the first week after recess. Next is the nominated Member, Hon. Umulkher Harun.

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, Water and Irrigation regarding overflow of Masinga Dam affecting downstream residents. Masinga Dam plays a crucial role in generation of hydro-electric power for our country. However, following the ongoing rains, the water level in the dam hav…

generally rely on boats as a means of transportation. This has resulted in increased safety risks as exemplified by the recent events on the Garissa-Madogo road, where a boat capsized leading to loss of lives. It is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation on the following:

Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation, Hon. Bowen, we will not wait for two weeks. That is an emergency. Please, bring the Statement on Thursday, which is the day after tomorrow.

I am most obliged, Hon. Speaker.

Hon. Members, there are more statement requests but we will go back…

[(Hon. Jared Okello raised his hand)]

What is out of order?

Hon. Speaker, I thank you for giving this opportunity. I need your guidance and direction. In line with our Constitution, this House never legislates in vain. This regards the political parties’ affairs, specifically political parties’ funds. I am glad that you superintend a political party as the party leader of the second liberation party, namely; Forum for the Restoration of Democracy-Kenya Par…

Do not use me as a pretext to make a statement.

[(Laughter)]

Hon. Speaker, that will not change. You are a party leader and we are happy about it. The Political Parties Fund gave a 0.03 per cent of the country's Budget to political parties. We all underscore the role played by political parties in advancing democracy and freedom in our country. There are many other activities underneath political parties, including grassroots election and others. Whereas th…

What is your point?

I am coming to my point, Hon. Speaker. The Budget and Appropriations Committee removed Ksh800 million from political parties in a Supplementary Budget. Even as we work on the next round of Budget cycle, at this point in time, my concern is to ask you to direct the National Treasury, the Budget and Appropriations Committee and all those who are involved to respond to the needs of political parties …

Parties Fund is owed Ksh11 billion. That is an internal debt that must also be responded to. Hon. Speaker, I need your direction and indulgence on this as the Secretary for Public Policy and Economic Affairs in the biggest party, the Orange Democratic Movement (ODM). Thank you.

Your concern is noted. Yes, Leader of the Majority Party.

Hon. Speaker, I will commit to follow up on the question of Exchequer Issues. On the question of review of the monies allocated to the political parties, I want to state that it was not a decision of the Budget and Appropriations Committee, as the Member asserts. It was a decision of the House, where Hon. Okello also sits. I am certain that he was here when we passed the resolution to reduce the a…

Hon. Okello, you should have been honourable enough to disclose that your party is in court on this matter. I do not want to open debate on this matter. I will go back to…

[(Hon. Jared Okello spoke off the record)]

Who do you want to inform? The House is not interested. (Laugher) Hon. Members, we have other statement requests by Hon. Marianne Kitany and Hon. Gideon Mulyungi, and responses to statement requests by Hon. George Murugara, Hon. Adan Keynan and Hon. Joseph Lekuton. I will go back to Order No.2 to make a communication and then we come back to statements. Clerk-at-the-Table, call out Order No.2 ag…

[(Hon. Jared Okello spoke off the record)]

which the last event may occur is to be included when computing time. Consequently, the period of three days that applies to the Hon. Speaker in respect of the proposed Motion started running from Thursday, 25th April 2024. The three days expired on Saturday, 27th April 2024 and as such, the earliest available opportunity for the Hon. Speaker to notify the House on the admissibility of the propos…

Constitution should comply with thresholds established by the courts of law as to what constitutes gross violation of the Constitution or gross misconduct under the Constitution.

Constitution or other written law, where gross violation of the Constitution or other written law is indicated as a ground for the intended dismissal;

Registrar of companies and 10 others, 2021 Kenya Law Reports) and submissions by the Kenya Bureau of Standards (KEBS), the Departmental Committee on Agriculture and call logs, among other documents.

[(Applause)]

[(Laughter)]

shall proceed to the next stage. I will now highlight a summary of what is expected of the House once the Member gives the notice of the Motion in terms of timeline. Pursuant to Standing Orders 64 and 66, the House is required to dispose of the Motion within seven days of the Member giving notice under Standing Order 47. In the event the House does not adhere to the timeline, the Motion shall be …

[(Applause)]

Thank you, Hon. Speaker. Pursuant to the provisions of Article 152 (6) of the Constitution and Standing Orders 64 (1) (a) and 66, I beg to give notice of a Special Motion for removal of Hon. Franklin Mithika Linturi as the Cabinet Secretary for Agriculture and Livestock Development on the following grounds:

[(Loud consultations)]

Order, Hon. Members. Order! It is out of order to be on your feet when the Speaker is on his feet. The House is still in session. Those Members who want to have conversations, there is a lobby and a coffee shop out there, and there are Speaker’s rooms behind here where you can go and converse. Let us give the House reasonable silence to hear one another.

[(Several Members stood up)]

I have particularised each of the grounds and attached evidence to substantiate each claim. Now, therefore, in accordance with Article 152 (6) of the Constitution, this House resolves to recommend to the President to dismiss Hon.

violation of Articles 10, 46, 75 and 201 of the Constitution; the Leadership and Integrity Act, 2012; the Public Officer Ethics Act, 2003; and for gross misconduct. Pursuant to Standing Order 66, the following Members, who constitute at least a quarter of the membership of the House, have appended their signatures in support of the notice of the Motion:

On a point of order, Hon. Speaker.

Yes, Hon. Wandayi.

Thank you very much, Hon. Speaker. This afternoon, I stand before this House a very happy man. Today you have made history. You have put this House on the pedestal of a transformative institution; an institution that adheres to the rule of law and constitutionalism. Hon. Speaker, under Article 152, this Motion by Hon. Jack Wamboka is the last resort that the people of this country, through their …

Order Hon. Wandayi, you are anticipating debate.

Hon. Speaker, I just want to thank you very much.

That is more than thanking the Speaker.

I also would like to appeal to my colleagues to turn out in their large numbers. We want this House on Thursday to be full to the brim so that we can speak in one accord and in one voice in defence of the defenceless Kenyan citizens.

On a point of order, Hon. Speaker.

Hon. Wandayi is on a point of order.

Thank you, Hon. Speaker.

Yes, Hon. Chepkonga.

Thank you, Hon. Speaker. I thought the Leader of the Minority Party just wanted to thank you, not to appeal to us to do an oversight role which is guaranteed under Article 95 of the Constitution. We are aware about that particular provision. So, there is nothing to appeal to any of us here. We will play our role when that Motion is presented here. I can assure him that there is nothing to appeal t…

I have already cautioned him. He was touting and soliciting.

put the Question to Order Nos.9, 10 and 11.

Leader of Majority Party.

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 30 (3) (c) , this House resolves to hold a Morning Sitting on Thursday, 2nd May 2024, commencing at

Hon. Speaker, I rise to second the Motion as moved by the Leader of the Majority Party. Since tomorrow is a public holiday, we need to recover the day we shall have lost tomorrow. More importantly, there are businesses before us that we need dispensed with. We need to dispense with certain businesses before we go on the one-month recess. Top on the agenda is the Motion by Hon. Jack Wamboka where w…

[(Question proposed)]

Put the Question!

Leader of the Majority Party, I believe you moved the Motion in the amended form.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the delay of the Maendeleo ya Wanawake elections. Maendeleo ya Wanawake is an NGO that deals with women's rights issues and gender equity in the country. The organisation plays a critical role in …

Yes, Hon. Speaker. You should have a response in the first week after recess.

Hon. Speaker, I wish to seek your guidance. I have keenly listened to the request, and I am a bit worried that it might fall under a different committee, perhaps one that deals with matters of gender. Hon. Marianne, have you not misdirected your request? What does Maendeleo ya Wanawake have to do with the Departmental Committee on Administration and Internal Security? Is it a national security th…

Hon. Speaker, Maendeleo ya Wanawake is an NGO that is guided by the NGO Co-ordination Act. That is the reason why I have requested a Statement from the Departmental Committee on Administration and Internal Security. I see your point. I am satisfied. Hon. Tongoyo, you should submit a response within the first week after recess. The NGO Co-ordination Board is under your docket. Hon. Gideon Mulyungi…

Hon. Speaker, pursuant to Standing Order 44 (2) (c) , I rise to request a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the death of Mr. Benjamin Mwaniki Kathengu.

murdered within the confines of his home in Hola, Tana River County, under unclear circumstances. The family subsequently filed a report at Hola Police Station on 9th January 2024, under OB No.32/9/01/2024. Sadly, the family has yet to receive updates regarding the progress of investigations. The lack of information exacerbates the grief experienced by the immediate family that is further burdene…

I am guided. Thank you. Next is a response to a statement by Hon. George Murugara about the mysterious death of Ms. Peris Karimi Mugera. Hon. Tongoyo, do you have the response?

Yes. I have two responses: one for Hon. Murugara, and another for Hon. Keynan. Start with Hon. Murugara’s response.

Thank you, Hon. Speaker. Following your guidance, I will begin with a statement that Hon. Murugara has requested. The Member for Tharaka Constituency, Hon. George Murugara, had requested a Statement regarding the mysterious death of Ms. Peris Karimi Mugera of Tharaka-Nithi County. The Member requested information on the following issues:

Thank you very much, Hon. Speaker. I had a glimpse of the response, and I have also listened to it. The only issues that remain outstanding are timeliness and analysis of the telephone contacts of the last person who was with Ms. Peris. There is need to speed up because there is a lot of anxiety in the family and county. Everybody is concerned because this poor lady died a miserable death, and tho…

Thank you, Hon. Speaker. I really appreciate his concern. However, we should also appreciate that the majority of these deaths are complex in nature. Our investigative officers need a little bit of time to get deeper into the real cause of all these problems. I can assure the Member, her family, and the rest of Kenyans that our officers are really up to the task, and they will know who killed this…

It is hard for me to say that with certainty, taking into account the complexity of this case. However, the forensic investigators are taking samples. I discussed this with the Member, but I will still do my best to try to speed up the investigation. Next, it is you again in response to a request by Hon. Adan Keynan regarding the disappearance of Mr. Omar Mahamed Nur.

Thank you, Hon. Speaker. I am responding to the Statement that Hon. Adan Keynan requested. The Member for Eldas Constituency, Hon. Adan Keynan, had requested a Statement regarding the disappearance of Mr. Omar. On March 30th, at around 9.22 p.m., Mr. Hamad Omar, a resident of Wajir County, reported the disappearance of his father, Mr. Omar Mahamed, at Marsabit Police Station, OB No.13300324. He i…

missing camel, last seen in Shur, Marsabit North Sub-County. A white landcruiser later picked him up in Shur Location. His phone has since been turned off. When he went missing, his general description was a brown complexion with no beards and a clean-shaved head without a headdress. He was wearing a white kanzu on the date of his disappearance. The case is under investigation.

Thank you, Hon. Speaker. While I really appreciate the response by the Chairperson, most of the answers he has given are futuristic. This person has been missing since March 30th, 2024. He has alluded to the fact that there are many people who will still go missing. However, the circumstances in this case are different because we reported to the DCI Office in Marsabit and were given lead informati…

been made other than reporting. The investigative office in that particular area has not responded. In fact, when we questioned them, they stated they would provide advice, but this is not a response. Hon. Speaker, as I conclude on this matter of disappearances, this Government has taken a public position that the era of what used to happen will end. I hope we will not see the same happening thro…

Thank you, Hon. Speaker. I agree with the senior Member. I said earlier that the issue of security, especially in this case of disappearing Kenyans, can be of great help. They can help the police with very important leads. I agree, but I also challenge the Member that, if by any chance he has important information that can help the police officers, he can as well present it forward. Hon. (Dr) Rac…

Thank you very much, Hon. Speaker, for giving me a chance to comment on this. I was present in this House when Hon. Murugara and Hon. Keynan raised their respective questions. While we appreciate the Chairperson's response from the Cabinet Secretary, we are concerned about our police officers' ability to locate and identify the culprits. For example, in the first incident, he told us where the ph…

Yes.

Go ahead.

Asante sana, Mhe. Spika,

Thank you, Hon. Speaker. I understand the feelings and concerns of Hon. Members because we are all affected. This is happening not only in Hon. Keynan's area, but throughout the country. I want to assure Hon. Members and the public that our police officers, especially investigative agencies, are well equipped. I want to give assurance that we have a forensic laboratory where DNA and other tests ar…

Hon. Kangogo Bowen is the Chairman. I thought Hon. Kangogo was the Chairman of the Departmental Committee for Blue Economy and Irrigation. Who is the Chairman? Hon. Titus Lotee, are you standing in for him?

I am standing in for him. Do you have the Statement?

Yes. Is Hon. Lekuton in the House?

Yes.

Go ahead.

Hon. Speaker, the Cabinet Secretary has noted that climate change is here with us and the impacts are poised to worsen. Africa is identified as one of the most vulnerable continents to climate change. This is due to the frequency and intensity of extreme weather events such as droughts, floods, and other pre-existing vulnerabilities, such as high levels of poverty and significant ongoing fiscal c…

Thank you, Hon. Speaker. I thank the cabinet secretary for a very detailed and informative answer. I would, however, like to better understand the issue of climate change and pastoralists. For the last 10 or 15 years, there have been policies that target pastoralists for various livelihood changes because of the loss of their livestock. As pastoralists, we have not seen much change with any of tho…

Thank you, Hon. Speaker. The Cabinet Secretary has categorically stated that Garissa, Tana River, Isiolo, Marsabit, Samburu, Kajiado, Kitui, Makueni, Tharaka Nithi, Meru, and Taita Taveta Counties have received a total of US$34.5 million in response to the TWENDE Programme. Because of the volumes of those documents, I beg that one of those case studies be presented to the Member for purposes of hi…

Thank you, Hon. Speaker, for giving me this second opportunity to read this Statement.

Apologise to the house for not being here when I called it out. I had called this Statement earlier...

Hon. Speaker, I apologise for coming in late. When you have a statement, you must be in the House in good time. I am just accommodating you out of...

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the abduction of Mr. Sammy Ekitela of ID No.32872871 at Cherinas Hotel in Turkana Central by known persons. Mr. Sammy Ekitela, a constituency manager for Turkana South Constituency, an …

[(Applause)]

Hon. Owen Baya. Thank you, Hon. Speaker. It is very important that we lay this Paper because it is time bound. It is time bound. I am aware. I beg to lay the following papers on the Table:

Hon. Speaker, it is just a follow-up on Questions and Statements. Sorry to take you back. We seem to have a backlog of Questions directed to the Cabinet Secretaries to answer here. I have Questions from the other Session. I have resubmitted close to five or so to the Ministry of Water, Sanitation and Irrigation, the Ministry of Public Service, Performance and Delivery Management, and the Ministry …

This is noted. We will do exactly as you have requested. Next Order.

go on record that the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No.10 of 2024) is deferred? That is what I want to say. Hon. Temporary Chairlady, in conferment with the substantive leader, we step down this to the next available time. The Temporary Chairlady (Hon. Martha Wangari): Well said. That is noted and therefore we will conclude on this Bill.

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the County Licensing (Uniform Procedures) Bill (Senate Bill No.9 of 2022) and its approval thereof with amendments.

[(Question put and agreed to)]

[(The House resumed)]

Chairperson.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the County Licensing (Uniform Procedures) Bill (Senate Bill No.9 of 2022) and approved the same with amendments.

Mover. Proceed, Hon. Kitany.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the County Licensing (Uniform Procedures) Bill (Senate Bill No.9 of 2022) and approved the same with amendments.

Hon. Chairperson, please, approach the Table.

[(Hon. Marianne Kitany consulted with the Clerks-at-the-Table)]

Hon. Temporary Speaker, I beg to move that the House agrees with the Committee in the said report. I request Hon. Owen Baya to second the Motion for agreement with the report of the Committee of the whole House. Hon. Temporary Speaker, I beg to second the

support the Motion for agreement. (Question proposed)

Hon. Members, instead of starting a new Order, we shall go to the Motion of Adjournment. We only have two minutes left to the start of the allotted time.