National Assembly · Afternoon Sitting

Tuesday, 4 June 2024

Session Summary

Members debated an amendment to Clause 29 of a health products bill that would delete the existing five‑year validity limit for registrations. While some argued that technology should operate indefinitely, others warned that periodic review (suggesting seven or ten years) is necessary to accommodate technological change and financial considerations. The discussion highlighted procedural challenges in amending a deletion and did not reach a final decision. The Deputy Speaker deferred a question concerning a corruption report, and the afternoon sitting centered on procedural motions to amend several clauses of a Bill. Hon. Robert Pukose moved multiple amendments while the Temporary Chairlady managed the winnowing process, and Hon. Irene Mayaka raised a point of order about missing email authorisation for amendments, highlighting communication gaps with the Table Office. Members debated amendments to Clause 35 of the Bill, focusing on inserting the word “registered” before “pharmacist” to harmonise terminology, and adding a provision requiring patient or purchaser consent for drug substitution. The Temporary Chairlady facilitated the procedural steps, while Hon. Mayaka and Hon. Pukose clarified the wording and its implications. The discussion concluded with general agreement that patient consent is appropriate.

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Hon. Speaker

Serjeant-at-Arms, you may ring the Quorum Bell. Order, Hon. Members. We now have quorum to transact business. Clerk-at-the-Table.

[(The Quorum Bell was rung)]

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Hon. Speaker

Order, Hon. Ruku. Take your seat. You are grossly out of order. I have known you as a young man who keeps order. If you want to degenerate, I will treat you as such. Hon. Members, I have a Communication.

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Hon. Speaker

Hon. Members, I wish to welcome you back to the House after the just concluded recess. I am aware that the recess period was very busy for most committees, given the great amount of time that had to be invested in considering scheduled business. The business included the Supplementary Estimates II for the Financial Year 2023/2024; consideration of the Estimates for the Financial Year 2024/2025, in…

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Hon. Speaker

attendant Budget-related Bills, including the Appropriation Bill, 2024, the Supplementary Appropriation Bill, 2024, and the Finance Bill, 2024. Further, the House is scheduled to consider the County Allocation of Revenue Bill, 2024 upon receipt from the Senate. In addition, Hon. Members, the Cabinet Secretary for the National Treasury will make a public pronouncement of the Budget policy highligh…

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Hon. Speaker

Hon. Members, take your seats. Take the nearest seats. Hon. Farah Maalim, take the nearest seat. Hon. Jared Okello, what is your idea of the nearest seat?

[(Hon. Farah Maalim stood in the Gangways)]

[(Hon. Jared Okello walked into the Chamber)]

[(Laughter)]

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Hon. Speaker

Hon. Members, Standing Order 41 provides that if a Message is received from the Senate when the House is not in session, the Speaker shall forthwith cause the message to be transmitted to all Members and report to the House on the day when the House next sits. In this regard, I wish to report to the House that during the recess, I received three Messages from the Senate. The First Message, dated …

[(Laughter)]

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Hon. Speaker

110(4) of the Constitution. The House is, therefore, required to consider the Senate amendments to the Bill. In this regard, I direct the Clerk to circulate the schedule of the Senate Amendments to this

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Hon. Speaker

Leader of the Majority Party.

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Hon. Kimani Ichung'wah (Kikuyu, UDA)

Thank you, Hon. Speaker. Before I lay the Papers, allow me to welcome back all Members after the working recess they had. As you said in your Communication, they are much energised to continue with very important businesses before the House in this Second Session. Hon. Speaker, I beg to lay the following papers on the Table:

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Hon. Speaker

Thank you, Leader of the Majority Party. The Chairperson, Budget and Appropriation Committee.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Hon. Speaker, I beg to lay the following Papers: Reports of the Budget and Appropriations Committee on its consideration of:

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Hon. Speaker

Chairperson, Departmental Committee on Trade, Industry and Co- operatives. Is that Hon. Gakuya? Who is the Vice-Chair? Hon. Marianne, do you have a brief from your Chairman?

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Hon. Marianne Kitany (Aldai, UDA)

I do.

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Hon. Speaker

Go ahead.

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Hon. Marianne Kitany (Aldai, UDA)

Hon. Speaker, I beg to lay the following Paper on the Table: The Report of the Departmental Committee on Trade, Industry and Co-operatives on its inquiry into the illegal and irregular release of condemned sugar.

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Hon. Speaker

Thank you. The Chairperson Public Debt and Privatisation Committee. Hon. Shurie, is that you?

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Hon. Abdi Shurie (Balambala, JP)

Yes. Hon. Speaker, I beg to lay the following Paper on the….

[(Hon. Abdi Shurie referred to his phone)]

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Hon. Speaker

You want to lay your phone on the Table?

[(Laughter)]

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Hon. Abdi Shurie (Balambala, JP)

I am well guided. Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Public Debt and Privatisation Committee on its consideration of the Consolidated Fund Services for the Supplementary Estimates II for the Financial Year 2023/2024, and the Budget Estimates for Financial Year 2024/2025. Thank you, Hon. Speaker.

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Hon. Speaker

Thank you. Next Order.

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Hon. Speaker

The Chairperson, Budget and Appropriation Committee.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Hon. Speaker, I beg to give notices of the following Motions: That this House adopts the Report Budget and Appropriation Committee...

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Hon. Speaker

Order, Hon. Ndindi. Each Motion stands on its own. You cannot give notice of Motions.

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Hon. Ndindi Nyoro (Kiharu, UDA)

I am well guided. Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Budget and Appropriations

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Hon. Speaker

The Chairperson, Mediation Committee. That is, you, as well.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, pursuant to the provision of Article 113 (2) of the Constitution and Standing Orders 153, that this House adopts the Report of the Mediation Committee on the Division of Revenue Bill, (National Assembly Bill No.14/2024) laid on the table of the House on Tuesday, 4th June 2024, and approves the mediated version of the Division of Re…

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Hon. Speaker

The Chairperson Departmental Committee on Trade, Industry and Cooperatives.

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Hon. Marianne Kitany (Aldai, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Trade, Industry and Co-operatives on its inquiry into the illegal and irregular release of condemned sugar, laid on the Table of the House on Tuesday, 4th June 2024. I, thank you, Hon. Speaker.

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Hon. Speaker

The Chairperson, Public Debts and Privatisation Committee.

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Hon. Abdi Shurie (Balambala, JP)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Public Debt and Privatisation

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Hon. Speaker

Next Order. Before we call out the first Statement, allow me to acknowledge the following institutions in our galleries. In the Speaker’s Gallery, we have:

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Hon. Esther Passaris (Nairobi City, ODM)

Thank you, Hon. Speaker. I stand here as the Nairobi County Women Representative to welcome all the visitors here and especially my girls from Huruma Girls’ Secondary School, who are accompanied by their teachers, Mr Peter Mbathi,

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Hon. Esther Passaris (Nairobi City, ODM)

Mr N. Gichohi and Mr Kevin Mutueni. We have 170 girls that have accompanied the teachers from the History Class. The school was founded in 1964 and so this year, we both share a birthday for turning 60 years old. The school was founded by the Sisters of Mercy to help the needy children and it currently accommodates 1,400 students and their performance is very good. I also want to acknowledge that…

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Hon. Speaker

Hon. Gitonga Murugara.

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Hon. George Murugara (Tharaka, UDA)

Thank you very much Hon. Speaker for giving me this opportunity to speak on behalf of my colleague from Maara Constituency, Hon. Kareke Mbiuki, who is not here now. As a leader from Tharaka Nithi County, allow me to welcome Chogoria Boys’ High School who are seated in the Hon. Speaker’s Gallery and the rest of the schools who have come to observe the proceedings this afternoon. I want to remark to…

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Hon. Speaker

Yes. The Hon. Leader of the Minority Party.

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Hon. Opiyo Wandayi (Ugunja, ODM)

Thank you very much Hon. Speaker for your indulgence. I join my two colleagues, Hon. Murugara and Hon. Esther Passaris, in welcoming the students who are seated at the galleries. Hon. Speaker, having said that, I want to equally seek your indulgence and I am trying to look around to see if the Chair of the Departmental Committee on Education is around. Neither can I see Hon. Melly nor the Vice-Cha…

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Hon. Opiyo Wandayi (Ugunja, ODM)

statements, Hon. Speaker, if you agree with me. It is a matter that will require immediate clarification from the Chair of the Departmental Committee on Education and, if possible, it will require an intervention or a position being taken by the whole House, so that this issue is addressed at the earliest possible opportunity Hon. Speaker. Thank you.

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Hon. Speaker

Hon. Melly, you were not here. Look at The Hansard and respond to that tomorrow morning. You can find the details of the concerns of the Hon. Leader of the Minority Party in the Hansard and then tomorrow morning, the Deputy Speaker will give you an opportunity to respond. Next Order.

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Hon. Speaker

Now we go a response to a statement request by Hon. Mohamed Adow, MP Wajir South. Chairman, Departmental Committee on Environment, Forestry and Mining. Who is the Chairman? Is that Hon. Gikaria. Hon. Owen Baya, who is the Chairperson of the Departmental Committee on Environment, Forestry and Mining?

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Gikaria Sir.

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Hon. Speaker

Where is he?

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Hon. Owen Baya (Kilifi North, UDA)

Probably, he is still stuck in Nakuru, but will be obliged by you to do what you want us to do.

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Hon. Speaker

Is Hon. Mohamed Adow in the House? Yes, Major Bashir.

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Hon. Abdullahi Sheikh (Mandera North, UDM)

Hon. Speaker, thank you very much. I stand in for Hon. Mohamed Adow. I have his consent on the matter and I am shocked that the Statement is not yet ready. Remember that matter is of immense concern to the residents of Northern Kenya and the matter was about the toxic waste that has been dumped in parts of Northern Kenya. I am shocked that the statement is not available. So, I would rather request…

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Hon. Speaker

Hon. Owen Baya, you inform Hon. Gikaria to bring the Statement on Tuesday afternoon. Next, Chairperson, Departmental Committee on Transport and Infrastructure. Hon. GK. Is he here? Yes, Hon. Member for Gichugu. Is it Gichugu or Ndia?

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Hon. George Kariuki (Ndia, UDA)

Ndia! Yes. Hon. Speaker, sorry I got a bit distracted by my neighbour. I have three Statements. Hon. Speaker, I rise to give the following Statement in response to the statement requested by Hon. Yakub Adow, MP. Hon. Speaker, on Tuesday, 16th…

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Hon. Speaker

Is the Member here? Hon. Yakub Adow? Is Hon. Yakub Adow here? If he is not here, go to the second one.

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Hon. George Kariuki (Ndia, UDA)

Thank you, Hon. Speaker.

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Hon. George Kariuki (Ndia, UDA)

Thank you, Hon. Speaker. I rise to make the following Statement in response to the request by Hon. (Eng.) Paul Nzengu.

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Hon. Speaker

Is Hon. Paul Nzengu here? Yes, go ahead.

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Hon. George Kariuki (Ndia, UDA)

Thank you, Hon. Speaker. On Thursday, 18th April 2024, the Member for Mwingi North, Hon. (Eng.) Paul Nzengu requested for a Statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding the current state of allocation to roads maintenance under Kenya Rural Roads Authority (KeRRA) development fund for April to June this year. Hon. Nzengu specifically request…

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Hon. Speaker

Thank you. Hon. Nzengu, you have listened to the Statement.

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Hon. (Eng.) Paul Nzengu (Mwingi North, WDM)

Thank you, Hon. Speaker. Yes, indeed, I have listened to the Statement and I was served with an advance copy, but I am not satisfied with it. My question was based on a specific budget of Ksh3.58 billion that was unfairly and inequitably distributed. Certain counties had received zero funding while other counties got Ksh280 million plus. I gave the officers in the Table Office all the details, but…

[(Loud consultations)]

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Hon. Speaker

Order, Hon. Members. The conversations are too loud. Those Members holding a mini kamukunji, take your seats. Hon. Wamuchomba and Hon. Kiborek, take your seats. Go on, Hon. Nzengu.

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Hon. (Eng.) Paul Nzengu (Mwingi North, WDM)

Thank you, Hon. Speaker. When I was invited to the Committee by the Chairman, people from the Ministry tried to imply that the list I had, had been approved by Parliament. Members of the Committee also agreed with me that certain things are being done under cover and they were not aware. What I am asking is that you direct that this matter be investigated by the Committee and instruct that before …

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Hon. Speaker

Hon. Nzengu, you listened to the response to your request for statement. What is expected of you is to seek clarifications on matters that are not clear. You are now engaging in debate and it is not right.

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Hon. (Eng.) Paul Nzengu (Mwingi North, WDM)

Hon. Speaker, I was just clarifying that I gave the Table Office a big document out of which they produced a tiny document. I also submitted to the Ministry officials, through the Chairman of the Departmental Committee on

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Hon. (Eng.) Paul Nzengu (Mwingi North, WDM)

Transport and Infrastructure, that the information they were giving was contrary to what was available. So, I ask that you direct the Chairman to do an inquiry. No one knows how the 10 per cent that is left to the Cabinet Secretary for allocation is spent. It is at the discretion of whoever is in that office. No one also knows how the Appropriations-in-Aid money is spent. Money goes to certain pla…

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Hon. Speaker

Hon. Lelmengit, did you want to speak to this? Hon. GK, you have the protestations of the Member.

[(Hon. Josses Lelmengit spoke off the record)]

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Hon. George Kariuki (Ndia, UDA)

Hon. Speaker, I have heard the sentiments raised by the Hon. Member. If he wishes to visit the Committee again and seek further clarification, we are happy to welcome him. Thank you, Hon. Speaker.

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Hon. Speaker

Okay. Next Statement.

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Hon. George Kariuki (Ndia, UDA)

Hon. Speaker, I rise to read the following Statement in response to concerns raised by Hon. Members of this House regarding 32 per cent fuel levy. Today mid-morning, we had a meeting with the Principal Secretary for Roads, Engineer Joseph Mbugua. We asked him to clarify the matter. The following is his Statement. Following reduced fuel levy consumption for the Financial Year 2023/2024, the fuel l…

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Hon. Speaker

Members, you were all up in arms when this issue was raised and now nobody seems to pay attention. We will move on. Hon. Mwago.

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Hon. Ruku GK (Mbeere North, DP)

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Roads and Transport regarding the development of Mass Rapid Transit Corridors in the Nairobi Metropolitan Area (NMA) and the role of the Nairobi Metropolitan Area Transport Authority (NaMATA) . NaMATA was established vide the Nairobi Metro…

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Hon. Speaker

Order, Hon. Ruku. I only gave you an opportunity to request for one statement. You know you have already written to me about the other issue. I have also received several requests on the same. Hon. Melly, you have two minutes. However, the Leader of the Minority Party, who raised the issue, is gone. So, you had better do it when he is in the House tomorrow. Chairperson of Departmental Committee …

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Hon. George Kariuki (Ndia, UDA)

In two to three weeks’ time.

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Hon. Speaker

Two weeks is agreed. Next Order.

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Hon. Speaker

Hon. Members, take your seats. Hon. Bowen and Hon. DK, please; take your seats.

[(Question put and agreed to)]

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

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Hon. Speaker, I beg to move

THAT, the National Disaster Risk Management Bill, (National Assembly Bill No.24 of 2023) , be now read a Third Time. I request Hon. Owen Baya to second.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Speaker, I would like to second this important Bill. Parliament diligently engaged with all stakeholders to discuss and develop this legislation. This legislation not only delves into how we handle disasters, but also how we manage the risks associated with disasters. I thank all the Members who have contributed to it. As the Senate takes over the consideration of the Bill, I hope they will …

[(Hon. Rahim Dawood stood up in his place)]

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Hon. Speaker

Order, Hon. Dawood. Take your seat.

[(Question proposed)]

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Hon. Members

Put the Question!

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Hon. Speaker

I confirm that we have quorum in the House.

[(Question put and agreed to)]

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

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Hon. Speaker

Next Order. First Reading

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Hon. Speaker

Thank you. Next Order.

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The Temporary Speaker (Hon. Peter Kaluma)

Chairperson to report to the House.

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Hon. Martha Wangari (Gilgil, UDA)

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Kenya Drugs Authority Bill, (National Assembly Bill No. 54 of 2022) up to Clause 54, and approved the same with amendments and seeks leave to sit again.

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The Temporary Speaker (Hon. Peter Kaluma)

Mover.

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

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

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Owen Baya.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Temporary Speaker, I second.

[(Question proposed)]

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The Temporary Speaker (Hon. Peter Kaluma)

For the convenience of the House, the question on the matter will be put next time the House sits to transact this business.

[(Putting of the Question deferred)]

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The Temporary Speaker (Hon. Peter Kaluma)

Order, Hon. Members. The time being