National Assembly · Afternoon Sitting
Tuesday, 4 July 2023
The debate centered on the nomination of Dr. Phyllis Wambui Wagacha for a senior commission, with members contesting her eligibility based on age and the conduct of the Public Service Commission in forwarding her name. While some MPs defended the nominee's competence and argued against age discrimination, others criticized the PSC's processes and called for stricter adherence to retirement norms. Procedural motions and points of order also featured throughout the discussion. Members of the National Assembly voiced strong support for ratifying the Bamako Convention to ban the import of hazardous and radioactive waste, condemning the practice of foreign countries using Africa as a dumping ground and highlighting its health impacts. They called for concrete implementation measures, enforcement mechanisms and urged the executive to use the convention as a tool to protect Kenya’s environment and public health. The debate combined criticism of external waste dumping with constructive proposals for legislative action. Members highlighted longstanding grievances over inadequate compensation for land acquired for infrastructure projects in Jomvu, Taita Taveta and other constituencies, urging the Public Petitions Committee to produce a swift report. They praised the appointment of a new National Land Commission CEO while sharply criticizing the perceived ineptitude of the KeNHA Director General and delays in funding. The debate combined calls for justice with pointed criticism of administrative shortcomings.
What is your point of order yet nothing has been said? Okay, proceed.
Thank you very much, Hon. Deputy Speaker, for giving me this opportunity. There is a matter of great public interest that touches Kisumu County. I really need your indulgence and directions. On the fateful day, 18th February 2023, the Lands Registry Office in Awasi caught fire on a weekend. All the documents on land matters in that area were destroyed. On 19th May 2023…
Is that a point of order?
Yes, Hon. Deputy Speaker.
Are you reading a Statement?
No. I want your directions. Sorry, you were talking to my friend, Hon…
[(Loud consultations)]
Hon. Members, I kindly request that you consult in low tones, so that I can hear Hon. Jared Okello.
Thank you, Hon. Deputy Speaker. On 19th May 2023, the Ministry of Lands, Housing and Urban Development issued a gazette notice requiring people holding parcels of land to present their documents at the Nyando offices, so that reconstruction could take shape.
Hon. Member, I will give you an opportunity during Statements.
Okay. Thank you.
We will go to Questions and Statements later. Hon. Joshua Kimilu, you wanted to raise an issue.
Thank you, Hon. Deputy Speaker, for giving me this opportunity. I rise on a point of order under Standing Order 83, to seek your direction on delay in responses to Questions. I asked a Question on Safaricom Limited which was directed to the Ministry of Information, Communications and Digital Economy on 23rd March 2023. To date, I have not received any response and there is no indication of when th…
Thank you, Hon. Member. I am presuming that those were the Questions that were presented on 23rd March before the Cabinet Secretaries began to come to Parliament. I will give the opportunity to Hon. John Waweru, Member for Dagoretti South, who is also the Chairperson of the Departmental Committee on Communication, Information and Innovation. Is that what you told me?
Hon. Deputy Speaker, you are perfectly in order. That is the Departmental Committee on Communication, Information and Innovation. There are people who try to call it the Departmental Committee on Information, Communication and Technology (ICT) . We take them to school and let them know that ICT is a very small component of communication. Because I had shown interest to speak on other matters, I w…
I am asking you to respond to Hon. Kimilu’s Question. Do you remember it?
Wonderful. The Question is properly before the Committee. We are expediting for a response. I would like to make a commitment on the Floor of the House for the Member for Kaiti. After we engage the Ministry, he shall get a comprehensive response from our Committee in two weeks’ time. Thank you very much, Hon. Deputy Speaker.
[(Hon. Deputy Speaker consulted the Clerk-at-the-Table)]
Since there are no other Questions and Statements, I will now give the opportunity to the Member for Nyando.
I thank you, Hon. Deputy Speaker. As I indicated at the beginning, there is a matter that I need your direction and great indulgence on. On 18th February this year, fire burnt down Lands Registry Office in Awasi. It takes care of most parcels of land within Kisumu County, starting from Kogony in Kisumu West, Sango in Nyakach, Fort Ternan in Muhoroni all the way to Pala in Awasi. On 19th May 2023,…
of those parcels of land to present original documents to offices in Awasi for their reconstruction. Even though there was a direction of presenting documents within 60 days, that receipt did not take place until after 31 days. Thereby, leaving only 29 days, excluding weekends, for the land owners to present the documents in that office. Considering the many landowners whose documents were affect…
Member for Nyando, you have made the point. You need to write it, so that we can mark it to the relevant committee. I cannot do it now, as we do not have anything to give to them.
Hon. Deputy Speaker, I stand guided by you. I am only afraid that we are running against time, considering that we shall begin our recess on Thursday. The time upon which the Lands Registry gave us as the deadline will lapse during the period that we shall be undertaking our recess, unless the process will be expedited. I stand guided once again.
Thank you. The next Statement is by the Member for Dagoretti South, Hon. John Kiarie.
Thank you, Hon. Deputy Speaker. Before I read the Statement, I would like to let it be known that in the National Assembly, the Inter- Parliamentary Union (IPU) is under the leadership of the very able Deputy Speaker, Hon. Gladys Boss Shollei. I rise to give a general statement regarding the International Day of Parliamentarism. The International Day of Parliamentarism is celebrated every year on…
regulatory framework for enhanced response to climate and to provide a mechanism and measures to achieve low carbon climate development. In order to ensure that pieces of legislation such as this and other House resolutions are implemented by the relevant authorities, this House amended the Standing Orders to allow Cabinet Secretaries to appear and respond to parliamentary Questions in plenary. T…
Why are Members not acknowledging the happy wishes from Hon. John Kiarie?
[(Applause)]
The Chairperson of the Departmental Committee on Labour, Hon. Alice Ng’ang’a. Sorry, it is Hon. Karemba Muchangi.
Hon. Deputy Speaker, I beg to move the following Motion: THAT, taking into consideration the findings of the Departmental
Transboundary Movement and Management of Hazardous Waste within Africa, laid on the Table of the House on Thursday, 4th May 2023, and pursuant to the provisions of Section 8(4) of the Treaty Making and Ratification Act, 2012, approves the Ratification of the Bamako Convention on the Ban of Importation into Africa and the Control of Transboundary Movement and Management of Hazardous Waste within Af…
Hon. Charles Kamuren.
Thank you, Hon. Temporary Speaker, I stand to second the ratification of Bamako Convention on the Ban of Importation into Africa and the Control of Transboundary Movement and Management of Hazardous Waste within Africa,1991. This convention is important specifically to this country because any waste that is brought to Africa is harmful to our people, wild animals and the environment. You know the …
Negotiations started way back in 1999. It is the right time to be part of this by approving the convention so that we can be active, relevant, and equal to other states in Africa. When we met with the relevant ministries, including the Office of the Attorney General, it became clear that this convention will not interfere with our Constitution. It is in line with our Constitution and will enhance …
I hope you understand the rules of the House that you only have five minutes. It is only the Mover who has 20 minutes while everybody else has five minutes in this particular Motion. Proceed.
Thank you, Hon. Temporary Speaker. I believe I am still within my timing because I am making some little contribution in support of the Mover. Article 42 of our Constitution guarantees every Kenyan a clean and healthy environment. This convention will, therefore, enhance that. Article 69 of our Constitution also gives power to our State to eliminate anything that might be harmful to the lives of …
[(Question proposed)]
Let us have the Member of Parliament for Funyula followed by the Member for Dagoretti.
Hon. Temporary Speaker, as I stand to support, I do so with reservations. My reservations are based on the text of the Report and nothing else. This is a document that was originated, negotiated and signed in 1991. The year 1991 up to now is close to 30 years. I do not understand or believe that the context, text, terminologies, remedies they offered, and the manner they opted and intended to cur…
[(Hon. David Ochieng’ consulted loudly)]
Hon. Temporary Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Departmental Committee on Environment, Forestry and Mining on its consideration of the Ratification of the Minamata Convention on Mercury, laid on the Table of the House on Wednesday, 21st June 2023 and, pursuant to the provisions of Section 8 (4) of the Treaty Making and Ratification Act, 2012…
[(Baringo South, UDA)]
us to control mercury. When ratified by Kenya, it will allow us also to learn new techniques for handling mercury from other countries that have already ratified it. It will also allow our people to learn and acquire knowledge on mercury and benefit from monies that have been set aside to assist in its elimination. Our country will have a good image like other countries and a clean and healthy env…
Thank you, Hon. Temporary Speaker. I am honoured to have an opportunity to debate the ratification of this convention regarding the handling of mercury in Kenya. As we all know, the good Lord created this world and gave provisions for man and life on this planet, which were well balanced at creation. However, man has one very curious characteristic, which is very dangerous, and that is greed. The …
Hon. Temporary Speaker, I support the ratification of this convention. Thank you very much.
Very well-spoken, Member for Dagoretti South. Hon. James Nyikal, Member for Seme.
Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute. I rise to support the ratification of this convention, which is extremely important. It is a global treaty. I am actually happy because so many African countries have signed in. These silent things that do not attract many of us to the House are very important. People from other continents know that. This lack of inte…
Please give him one more minute.
Thank you. Today I am fortunate.
[(Laughter)]
If there is a co-funding programme where you put in US$1 and get US$4, why do you not put in US$1 and get the US$4 and get the technical assistance? It is in line with our laws. Should we use coal, we may have to look at the Pharmacy and Poisons Act, the Mining Act, and the Petroleum Act. The discussions this afternoon are extremely important. We should support the ratification of the convention, …
Thank you very much, Hon. Nyikal. Hon. Naomi Waqo, Member for Marsabit.
Thank you, Hon. Temporary Speaker, once again, for allowing me to add my voice to this very important Motion. I am glad for this opportunity because this matter is very important to us and our environment. As I said earlier, our society is doomed unless we take care of our environment. Mercury is important, but our environment will be polluted if we do not properly handle it. In 1956, two sisters…
[(Tigania West, UDA)]
[(Tigania West, UDA)]
Hon. Temporary Speaker, the Standing Orders are expressly clear that you cannot impute wrong motive on a Member of Parliament. I did not mention any Member. So, there is nothing out of order. Allow me to proceed and complete my point. The Temporary Speaker (Hon. (Dr.) Rachael Nyamai): You will proceed, but make sure you stick to the subject matter.
For sure, I will. I am very well guided. Hon. Temporary Speaker, the harmful effects of mercury are known. I remember that in the 12th Parliament, there was an animated debate about sugar laced with mercury. The debate became very interesting. Of course, it turned out incorrect as the House threw out the Report. The general danger of mercury cannot be over-emphasized. As we stand here to support t…
Thank you. Let us have Hon. John Mutunga, Member for Tigania West.
Thank you, Hon. Temporary Speaker, for giving me the opportunity to add my voice to this very important Motion. Adopting the Minamata Convention on Mercury is key to our country because we are members of the global community. So, we belong and live together. This is the most recent convention that was adopted in 2013 and signed off in 2017. It is about the protection of the environment and human …
The second most important thing that the convention covers is to create awareness of the necessary precautions that need to be taken by people in the event they have to add mercury or have anything to do with mercury. The third one is to build institutional capacity for people to contain mercury as a substance. Mercury has the potential to penetrate our skin through breakages of the skin. It can …
Thank you very much. The final interest in this is the Member for Chesumei, Hon. Paul Biego.
Hon. Temporary Speaker, I rise to support the resolutions of the Committee strongly. It is my prayer that the convention is ratified. The Temporary Speaker (Hon. (Dr) Rachael Nyamai) : There being no other interest in speaking to this Motion, I would like to call upon the Mover to reply.
Thank you, Hon. Temporary Speaker. Once again, I thank the Members who have contributed. The effects of mercury, particularly on human health, cannot go unnoticed. It is precisely as Hon. Nyikal and others have indicated. Hon. Naomi Waqo even indicated how some children are born with mercury in their systems. Hon. Nyikal indicated that if a pregnant woman consumed mercury, it would affect their un…
Thank you very much, Chairperson. The request is acceded to. Putting of the Question is deferred to the next Sitting as will be scheduled by the House Business Committee. Next Order.
[(Putting of the Question deferred)]
Is Hon. Bashir the Chairperson? Major Bashir, please, proceed.
Thank you, Hon. Temporary Speaker. I am cognisant of the time. Nevertheless, I will still move the Motion. Hon. Temporary Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its consideration of the Defence Co-operation Agreement between the Government of the Republic of Kenya and the Gover…
Hon. Memusi.
Thank you, Hon. Temporary Speaker. I wish to second the Motion. Globally, states have resorted to using DCAs to modernize their militaries, respond to mutual security threats and establish security umbrellas with like-minded states. Kenya is not an exception to this. The agreement provides for the obligation to protect classified information and intellectual property of each party. Legal status is…
Thank you very much Hon. Memusi ole Kanchory.
[(Question proposed)]
Hon. Members, if you intend to speak on this Motion, please hit the intervention button. Hon. Jane Kagiri.
Thank you, Hon. Temporary Speaker, for allowing me to contribute to this Report. It is worth mentioning that I hail from a county called Laikipia. We have benefitted from a co-operation agreement like this between the British Army Training Unit of Kenya (BATUK) and the Kenya Government. Aside from the benefits both institutions will gain, local communities in areas where training will happen would…
economy of the local areas benefits by renting out their premises and properties to those institutions. Our people learn from the skills that are imparted by the people in the military. I urge both parties to observe the local laws of either country and the obligations they are supposed to be observing. I support and wish the best as we pass this important Report. Thank you.
Hon. Timothy Toroitich.
Thank you, Hon. Temporary Speaker, for allowing me to contribute to this very important Motion. I rise to support this defence co-operation between the Republic of Kenya and the Republic of Seychelles. I thank the Committee led by the Chair for presenting this Defence Co-operation Agreement. Unlike yesteryears, the veil is being lifted on military engagements in Kenya. Initially, matters to do wit…
Thank you very much, Member for Marakwet West. Hon. Members, the time being 7.00 p.m., this House stands adjourned until Wednesday, 5th July 2023 at 9.30 a.m. The House rose at 7.00 p.m.
Published by Clerk of the National Assembly Parliament Buildings Nairobi