National Assembly · Afternoon Sitting

Tuesday, 3 December 2024

Session Summary

Members debated a suite of tax amendments, including making payroll deductions for SHIF, Housing Levy and NSSF tax‑allowable, repealing the Digital Service Tax, and adjusting VAT on air tickets and excise duties on tiles, coal and alcohol. The debate highlighted public participation inputs, praised the committee’s extensive work, and raised concerns about employment effects and cost‑of‑living pressures, while also criticizing some MPs for lack of preparation. Members debated the Tax Laws (Amendment) Bill 2024, with Hon. Mugambi praising the committee’s public consultations and the bill’s aim to broaden the tax base, support the informal sector, and encourage local production while exempting digital services. Hon. Oundo acknowledged the bill’s revenue‑raising intent and some progressive measures such as post‑retirement medical scheme contributions, but warned that public participation was limited and urged careful amendment. The debate highlighted both support for expanding domestic revenue and concerns over inclusivity and potential impacts. Members debated the Tax Laws (Amendment) Bill 2024, focusing on proposals to tax interest on infrastructure bonds, adjust tariffs on imported building materials, and introduce a Significance Presence Tax for digital firms. While some MPs criticized higher taxes as harmful to the economy, others highlighted extensive public participation and argued for reforms that would lower take‑home tax burdens and ensure tax revenues are used for public benefit.

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Hon. Speaker

Serjeant-at-Arms, ring the Quorum Bell. Order, Hon. Members. We now have quorum. Clerks-at-the-Table.

[(The Quorum Bell was rung)]

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Hon. Members

It is.

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Hon. Speaker

Take the nearest seat. APPROVAL OF MEDIATED VERSION OF THE DIVISION OF REVENUE (AMENDMENT) BILL

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Hon. Speaker

to present the Bill to His Excellency the President for assent in accordance with the provisions of Article 113(3) of the Constitution. I thank you. Next Order.

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Hon. Speaker

We have a Petition by the Member for Gilgil, Hon. Martha Wangari.

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Hon. Martha Wangari (Gilgil, UDA)

Thank you, Hon. Speaker. I, the undersigned, on behalf of the residents of Oljorai Community in Nakuru County, draw the attention of the House to the following: THAT, Oljorai Farm, previously an Agricultural Development Corporation (ADC) farm, is located in Nakuru County, Gilgil Sub- county, and spans 28,000 acres, divided equally in 1990 into Phase I and Phase II, with Phase I allocated to the M…

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Hon. Speaker

Hon. Sunkuli.

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Hon. Julius Sunkuli (Kilgoris, KANU)

I would like to support the Petition. Oljorai is a Maasai word meaning, “Thorn Tree”, and therefore, it establishes that the Maasai people who are residents in Oljorai have a historical right to reside there. Unfortunately, the Maasai people who are living in Oljorai have serious grievances that the Government must address. They are being treated as if they do not have any share or right of that l…

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Hon. Speaker

Hon. Pukose.

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

Thank you, Hon. Speaker. I want to support the Petition by Hon. Martha Wangari, Member for Gilgil, also one of the Chairpersons of the Speaker's Panel, for raising the matter of Oljorai. As the Committee looks into it, we have other pending petitions that have been before the Committee, among them, is the issue of the Chepchoina Settlement Scheme which I presented to the Committee. It is now more …

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Hon. Speaker

Thank you. The Petition is committed to the Public Petitions Committee which should report back within 60 days. This period will not include the long recess because Committee sittings will be suspended. Next is the Member for Nandi Hills, Hon. Bernard Kitur.

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Hon. Bernard Kitur (Nandi Hills, UDA)

I, the undersigned, on behalf of Kenya retired teachers and residents of Nandi County, draw the attention of the House to the following: THAT, in the year 2000, 1,787 members of the defunct Nandi Teachers SACCO Society acquired a property through a purchase of Barclays Bank Building at Kapsabet Municipality, 1181/370, herein referred to as Mwalimu Plaza, in Kapsabet Town, Nandi County, at a cost …

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Hon. Bernard Kitur (Nandi Hills, UDA)

May 2005, through electronic funds transfers (EFTS) from Co-operative Bank. However, the funds were withdrawn the following day on 5th May 2005 leaving a balance of Ksh64,200 in the account. THAT, the Ksh60,000,000 was withdrawn on 5th May 2005 in five batches, namely‐

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Hon. Speaker

Hon. Omboko Milemba.

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Hon. Omboko Milemba (Emuhaya, ANC)

Thank you, Hon. Speaker. I rise to support the Petition presented by the Hon. Member. He has clearly articulated the issues concerning the Nandi Teachers SACCO. Yesterday, while you were away, I had the chance to preside over the Committee of the whole House that dealt with the Cooperatives Bill (National Assembly Bill No.7 of 2024) . Teachers in Kenya have suffered under cooperatives because the…

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Hon. Speaker

Thank you. The Petition is committed to the Public Petitions Committee. The Committee should report back in 60 days excluding the vacation period. Hon. Kitur, what you described also looks like criminal fraud. You may also exercise the option of engaging criminal justice agencies. Hon. Members, before Hon. Brighton Yegon presents his petition, I would like to reorganise the Order Paper a little.…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Speaker. I beg to move the following Procedural Motion: THAT, pursuant to Standing Order 30 (3) (a) , this House orders that, should the time appointed for adjournment of the House be reached before conclusion of business listed as Order Nos.11, 12, 13, 14 and 15 in today’s Order Paper, the Sitting shall stand extended until conclusion of the said business. As Members are aware, w…

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Hon. Speaker

Hon. Millie.

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Hon. Millie Odhiambo-Mabona (Suba South, ODM)

Thank you, Hon. Speaker. I beg to second. In seconding, I wish to state that miracles happen. Until recently, we hardly had any cordial conversations with the Leader of the Majority Party. Now, I find myself here seconding his Motions.

[(Laughter)]

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Hon. Speaker

Hon. Millie, Shakespeare described politics as the art of the impossible.

[(Question proposed)]

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Hon. Members

Put the Question!

[(Question put and agreed to)]

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Hon. Speaker

Order, Hon. Members. Those on their feet, take your seats. Member for Naivasha, take the nearest seat and leave the Clerk-at-the-Table alone. Order, Hon. Chepkonga and Hon. Okuome. Take the nearest seats.

[(Hon. Jayne Kihara consulted with the Clerk-at-the-Table)]

[(Hon. Samwel Chepkonga and Hon. Okuome Adipo stood on the gangways)]

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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 the Vetting of a Nominee for Appointment as Secretary/Chief Executive Officer of the Ethics and Anti- Corruption Commission (EACC) .

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Hon. Speaker

Go ahead and give notice of Motion.

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Hon. George Murugara (Tharaka, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, taking into consideration the findings of the Departmental Committee on Justice and Legal Affairs in its Report on the Vetting of a Nominee for Appointment as the Secretary/Chief Executive Officer of the Ethics and Anti- Corruption Commission (EACC) , laid on the Table of the House on Tuesday, 3rd December 2024 and pursuant to the …

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Hon. Speaker

Thank you, Hon. George Murugara. We now go back to Petitions. Hon. Brighton Yegon.

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Hon. Brighton Yegon (Konoin, UDA)

Thank you very much, Hon Speaker.

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Hon. Speaker

Hon. Brighton, you came late. This is the second chance I am giving you, and so the least you can do is to apologise to the House for coming late.

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Hon. Brighton Yegon (Konoin, UDA)

I was about to do so. Hon. Speaker, I apologise for coming late. alleged financial management in regard to generating power by the KTDA on behalf of smallholder tea farmers in Bomet

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Hon. Brighton Yegon (Konoin, UDA)

Hon. Speaker, I rise to present a Public Petition regarding farmers’ hydropower generation by the Kenya Tea Development Authority (KTDA) . I, the undersigned, on behalf of smallholder tea farmers, draw the attention of the House to the following: THAT, the Kenya Tea Development Agency (KTDA) as the managing agent for smallholder tea farmers, undertook to initiate projects on behalf of smallholde…

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Hon. Speaker

Thank you. The Petition is committed to Select Committee on Public Petitions to report back in 60 days excluding the long recess days. Order, Hon. Members.

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Hon. Speaker

I wish to bring to your attention especially constituency-based Members that I received a letter this morning from the Cabinet Secretary for the National Treasury and Economic Planning, FCPA Hon. John Mbadi Ng’ongo, on the National Government Constituencies Development Fund (NG-CDF) to the effect that by Thursday, 5th December 2024, he will disburse to the NG-CDF, Ksh5 billion and thereafter disbu…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Speaker, for that Communication. It is informing the House that the Cabinet Secretary for the National Treasury and Economic Planning has confirmed that he will disburse Ksh5 billion at the end of this month and another Ksh7 billion every month until June 2025. This will ensure that we have adequate resources especially for disbursement of bursaries at the beginning of January when…

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Hon. Kassim Tandaza (Matuga, ANC)

Hon. Speaker, only 90 constituencies have submitted.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Yes, only 90 NG-CDF constituency committees have submitted their proposals to the Board. The rest will not access the money until they submit their proposals. As we go on recess, those who oversee the constituency committees should push them to submit their proposals. The deadline is Friday, 6th December

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Hon. Speaker

Hon. Leader of the Majority Party, the letter also says that all the arrears for 2023/2024 have been disbursed and cleared. Therefore, the long recess is waiting for you to go and work for the people who elected you. Next. Yes, Hon. (Dr) Oundo. Is it on the same issue?

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Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

Hon. Speaker, since you are magnanimous enough to intercede for the people of Kenya, and may the Almighty God bless you abundantly and fill your compound with bouncing castles or whatever you call them, we have unfinished business of the Roads Maintenance Levy Fund. I know it might be part of the ongoing mediation committee, but as you have interceded, is it possible that you also intercede on thi…

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Hon. Speaker

Thank you, Hon. (Dr) Oundo. I promise to do the same. Hon. Rindikiri, do you want to speak on the same?

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Hon. Mugambi Rindikiri (Buuri, UDA)

No, Hon. Speaker. I, however, thank the Cabinet Secretary, but I have a question. Right now, I have connected my Fund Manager with the Vice-Chairman and he tells me that all the money for the last financial year have been disbursed. However, my Fund Manager does not know whom to believe.

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Hon. Speaker

Order, Hon. Rindikiri. Your Fund Manager is not a yardstick for measuring what is going on. Certainly not. He is one Fund Manager out of 290 constituencies. Ask him to go and check with Mr. Mbuno, your manager at the NG-CDF. Hon. John Mbadi is a former Member of this House and a respectable Cabinet Secretary. He walked to the Speaker's office to relay this message and delivered the letter himself.…

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Hon. Kassim Tandaza (Matuga, ANC)

Thank you, Hon. Speaker. It is possible that some Members have not received all the disbursement for genuine reasons. For example, if up to now in one's constituency there are projects which are yet to be approved, the Board cannot disburse money. It is clear that the Board has received all the money, but to some constituencies, they may have not received. There are others who have asked for reall…

[(Hon. Mugambi Rindikiri rose in his place)]

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Hon. Speaker

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Hon. Mugambi Rindikiri (Buuri, UDA)

Hon. Speaker, as you put it, I am very strict with the work of my Fund Manager. I have never doubted her. That is why I said they should speak to the Vice-Chairman. She has confirmed that we have no outstanding approvals. Everything is done and it has been always like that. Therefore, strictly speaking, we are not falling in the category of unapproved or outstanding documentation. They have spoken…

[(Hon. Kassim Tandaza spoke off the microphone)]

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Hon. Speaker

Order, Hon. Tandaza. It is not a matter between you and Hon. Rindikiri. Yes, Hon. Mulu.

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Hon. (Dr) Makali Mulu (Kitui Central, WDM)

Hon. Speaker, the Ksh5 billion that you mentioned is part of the arrears. The Cabinet Secretary is saying that by releasing the Ksh5 billion, he will have cleared it 100 per cent. In my constituency, I have nothing pending, but I am owed Ksh15 million. That is the situation.

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Hon. Speaker

Hon. Makali Mulu, the bottom line is that money is being disbursed. Go and work. Next Order.

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Hon. Speaker

Hon. Leader of the Majority Party.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

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

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Hon. Speaker

And the Member kneeling on Caroli Omondi’s seat, Hon. Mohammed Adow. That is not how you should be at the chamber.

[(Laughter)]

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

I will go on.

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Hon. Speaker

Thank you, Hon. Leader of the Majority Party. Let us have Hon. Wanyama, the Chairperson, Departmental Committee on Sports and Culture.

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Hon. Daniel Wanyama (Webuye West, UDA)

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

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Hon. Speaker

Thank you. Chairman on the Departmental Committee on Finance and National Planning. Hon. Langat, you do not have your Papers? We will allow you to table them anytime you are ready. We have already dealt with the Departmental Committee on Justice and Legal Affairs. Next Order. We are done with Order No.6, go to Order No.7. Hon. Members, before we call out Statements as listed, allow me to acknowle…

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Hon. Muchangi Karemba (Runyenjes, UDA)

Thank you Hon. Speaker for giving me an opportunity to welcome the Blessed Veterans Self Help Group into this House. These are the people who have given me an opportunity to serve in this House and represent them. I am very happy and excited because amongst them is my former primary school head teacher and my Standard Five class teacher.

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Hon. Speaker

That is very good.

[(Applause)]

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Hon. Muchangi Karemba (Runyenjes, UDA)

Finally, I wish to assure them that I will continue serving them diligently as I have been doing. I am particularly happy because the things that have been said here while they are seated there are matters that concern them. They have really been following up on those issues, and they are happy that those things are being discussed. Thank you, Hon. Speaker.

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Hon. Speaker

Thank you. On my behalf and that of the House, I welcome the Blessed Veterans Self Help Group to the House of Parliament.

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Hon. Speaker

Let us now go to Statements. Hon. Omboko Milemba, Member of Parliament for Emuhaya. You look bewildered, yet you are listed requesting for a Statement.

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Hon. Omboko Milemba (Emuhaya, ANC)

Hon. Speaker I am not bewildered. I am steady and very much okay. I am supposed to get replies from my Chairman.

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Hon. Speaker

Is this for reply? Oh yes, you are right, Hon. Omboko. Hon. Tongoyo, are you ready?

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Hon. Gabriel Tongoyo (Narok West, UDA)

I am, Hon. Speaker.

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Hon. Speaker

Go ahead.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Thank you, Hon. Speaker. This is in response to my very good neighbour here, Member of Parliament for Emuhaya, regarding a Statement he sought regarding the sporadic attacks in Emuhaya Constituency. In particular, he wanted to know the status report of investigation into the killing of one Nicodemus Alijo - may his soul rest in peace – from Mesavia Village in Emuhaya Constituency, which was report…

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Hon. Speaker

Thank you. Hon. Omboko Milemba, are you satisfied?

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Hon. Omboko Milemba (Emuhaya, ANC)

No, I am not. My able good neighbour and Chairman, Departmental Committee on Administration and Internal Security, has given a very slim statement about a family and a person who was killed by unknown people. He has not even indicated if there are any hopes that the people who killed that person will be found. He has stopped at that. It should go on record that Emuhaya and Luanda, which are neigh…

[(Hon. Vincent Musau, Hon. Onesmus Ngogoyo and several Members consulted loudly)]

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Hon. Speaker

Order, Hon. Kawaya. Hon. Ngogoyo, that is not the place where you sit. Do not cause any disorder. Be a good guest.

[(Laughter)]

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Hon. Omboko Milemba (Emuhaya, ANC)

Thank you, Hon. Speaker. Even after the death of this particular one, another person was butchered around the same place at a shopping centre. Thugs waylaid, attacked and killed him brutally like an animal. After three days since this particular one, one of the most important traders in Luanda by the name of Phillip Ateka was shot when he was accessing his compound. Yet in the same place, another …

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Hon. Speaker

Wind up.

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Hon. Omboko Milemba (Emuhaya, ANC)

I am winding up. The officer told me that the problem is cultural. That was an insulting answer from an officer of that status. Who said that the problem is cultural? That is an insult from an officer of that status. I am not satisfied, and I wish the Chairman goes back and brings a serious answer, including why the rest of the 19 people were killed in that area.

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Hon. Speaker

Hon. Tongoyo.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Thank you, Hon. Speaker. I really feel the concern of the Member. It is very unfortunate that there have been more reported cases of death, even after this Statement was written. The Statement was very clear. There is an additional officer. If need be, the National Police Service will add more. You know, I sit together with the Member. Besides the written Statement that I am reading, I discussed …

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Hon. Speaker

Hon. Milemba.

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Hon. Omboko Milemba (Emuhaya, ANC)

One minute, Hon. Speaker. I want this to go on record, and very softly, that, unless action is taken in Luanda Town, we shall continue losing many people. We have lost 19 people in two months and the series is ongoing. I want your word on this so that special attention can be given to Luanda.

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Hon. Speaker

Nineteen people in a small market like Luanda is something worth your worrying about. So, what are you doing about it?

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Hon. Gabriel Tongoyo (Narok West, UDA)

Hon. Speaker, I will raise the issue with the Inspector General of Police.

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Hon. Speaker

From what your colleague is saying, these are not just soft murders, they are brutal murders.

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Hon. Gabriel Tongoyo (Narok West, UDA)

Hon. Speaker, it is very regrettable. You know, other than this case, we have really had a spike in insecurity in the country, Luanda included. So, I am committing to go and see the IG, together with the concerned Member, for

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Hon. Gabriel Tongoyo (Narok West, UDA)

a possibility of a quick intervention that will include deployment of more officers in addition to the 25 who have already been deployed to the sub-county.

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Hon. Speaker

Go ahead and do so. Response to a Statement by the Chair, Departmental Committee on Blue Economy and Irrigation, requested by Hon. Gideon Mulyungi. Is Hon. Gideon in the House? Go ahead, Hon. Bowen.

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Hon. Alice Ng’ang’a (Thika Town, UDA)

Thank you, Hon. Speaker. I wish to respond to a request for a Statement made by the Member for Loima Constituency, Hon. Protus Akujah, regarding the disbursement of the Presidential Secondary School Bursary. In his Statement, the Member sought feedback on the following three areas:

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Hon. Speaker

Umetosheka?

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Hon. Protus Akujah (Loima, UDA)

I am not satisfied, Hon. Speaker, because this Statement does not address the issues raised. It has given excuses for the Exchequer releases. Responses 4 and 11 do not go together. The fourth response talks about disbursement of funds happening in the first and second quarters of the Financial Year. Response No. 11 talks about timely disbursement or release of the Exchequer. We are almost six mont…

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Hon. Protus Akujah (Loima, UDA)

Considering them for other bursaries like NG-CDF or the county bursary becomes difficult. This is because we are very sure that the Presidential Secondary School Bursary has already taken them up because they are orphans. Thank you, Hon. Speaker.

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Hon. Speaker

Hon. Mwenje.

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Hon. Mark Mwenje (Embakasi West, JP)

Hon. Speaker, thank you for your indulgence. I want to give information to Hon. Chairlady and Hon. Protus on this issue. Presidential Secondary School Bursary is quite thorny. It is never clear when these funds are released. I do not know whether the Hon. Chairlady is aware that about Ksh600,000 per constituency has been released. It is incumbent upon every Member, through their children’s officer…

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Hon. Speaker

Hon. Alice.

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Hon. Alice Ng’ang’a (Thika Town, UDA)

Thank you, Hon. Speaker. From where I sit, the Exchequer did not release the money in the Financial Years 2022/2023 and 2023/2024. The only money released in these two Financial Years was Ksh400 million, yet it was supposed to be Ksh1.26 billion. However, even with the small amount of money released, the only thing we need to do, as Hon. Mwenje has stated, is to let Members of Parliament know how …

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Hon. Speaker

Yes, Member for Turkana Central.

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Hon. Joseph Emathe (Turkana Central, UDA)

Thank you so much, Hon. Speaker. This is a very pertinent issue, especially to those of us from marginalised constituencies. The Inua Jamii Programme operates in such a way that you can check in the system and know the person benefiting from the programme. However, it is not easy for us to know the beneficiaries of the Ksh600,000 Presidential Secondary School Bursary. It is important for the Minis…

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Hon. Speaker

Hon. Alice, can you do that?

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Hon. Alice Ng’ang’a (Thika Town, UDA)

Hon. Speaker, I can do that, just as I did with the Inua Jamii programme. I will prepare a list showing the amount allocated in every financial year and let the Members know the amount that goes to their constituencies. However, the Members must also check with the Children's Officers in their constituencies to know how much money has been released to the constituency and the children that benefit…

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Hon. Speaker

Thank you. That marks the end of statement time. Next Order. Order No. 12.

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The Temporary Speaker (Hon. Omboko Milemba)

Hon. Members, the time being