National Assembly · Afternoon Sitting

Tuesday, 7 March 2023

Session Summary

Members debated amending the Constitution to entrench the NG‑CDF, with strong support for its role in funding education but concerns about past court challenges. Divergent views were expressed on creating an Office of the Leader of the Official Opposition and allowing Cabinet Secretaries to answer questions directly, citing potential confusion and impact on committee work. Additional discussion touched on gender representation and greater ministerial engagement in parliamentary proceedings. The debate centered on a procedural dispute over the authority to alter committee memberships, with the Minority invoking constitutional and standing‑order arguments and the Majority emphasizing procedural fairness and a proposed framework for committee attendance. Both sides expressed willingness to cooperate, though tensions over perceived stalling and control were evident. The Speaker urged the parties to liaise and resolve the issue through the Committee on Selection. Members voiced urgent concerns about deteriorating food security, citing incidents of children queuing for meals and rising food prices, and called for decisive government action and support for agricultural initiatives. The debate also highlighted serious allegations of extra‑judicial killings, forced disappearances, and human‑rights violations, urging legislative and security reforms. Overall, the tone combined criticism of current conditions with constructive appeals for policy measures.

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Hon. Speaker

We have quorum to transact business.

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Hon. Speaker

Hon. Members, I have two Petitions to convey to the House. The first Petition is regarding enactment of legislation to criminalise and prescribe penalties for the crime of enforced disappearance. Hon. Members, Article 119 of the Constitution accords any person the right to petition Parliament to consider any matter within its authority. Further, Standing Order 225 (2) (b) requires the Speaker to …

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Hon. Speaker

of law, constitutional or legal body, I hereby commit the Petition to the Public Petitions Committee for consideration pursuant to Standing Order 208A. The Committee is required to consider the Petition and report its findings to the House and to the petitioner in accordance with Standing Order 227(2).

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Hon. Speaker

Hon. Members, allow me to go back to Order No. 3 and convey a Message from the Senate on approval of appointment of a Member to the Parliamentary Service Commission. Pursuant to the provisions of Standing Order No. 41, I wish to report to the House that I have received a Message from the Senate regarding the approval of appointment of a member to the Parliamentary Service Commission under Article…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Speaker, I beg to lay the following Papers on the Table of the House: Submission of Nominees to Garissa and Mbeere North Constituencies from the National Government Constituencies Development Fund Board. Research on the state of Certified Secretaries (CS) profession in Kenya from the Institute of Certified Secretaries. Performance Audit Report on Provision of Maternal and Neonatal Healthca…

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Hon. Speaker

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

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Hon. Kuria Kimani (Molo, UDA)

Hon. Speaker, I beg to lay the following Paper on the Table of the House: Report of Joint Sitting of the National Assembly Departmental Committee on Finance and National Planning and the Senate Standing Committee on Finance and Budget on the approval hearing for Dr. Susan Jemtai Koech, nominee for appointment to the position of Deputy Governor of the Central Bank of Kenya.

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Hon. Kuria Kimani (Molo, UDA)

Thank you

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Hon. Speaker

Thank you. Member of the Kenya Parliament Delegation to IPU, Hon. John Kiarie.

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Hon. John Kiarie (Dagoretti South, UDA)

Hon. Speaker, I beg to lay the following Paper on the Table of the House:

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Hon. Speaker

Thank you, Next Order.

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Hon. Kuria Kimani (Molo, UDA)

Thank you. Hon. Speaker, I beg to give notice of the following Motion: THAT, taking into consideration the findings of the Joint Committee of the National Assembly Departmental Committee on Finance and National Planning and Senate Standing Committee on Finance and Budget in its Report on vetting of Dr. Susan Jemtai Koech for approval as Deputy Governor of the Central Bank of Kenya, laid on the Ta…

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Hon. Speaker

Thank you. Hon. John Kiarie.

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Hon. John Kiarie (Dagoretti South, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House notes the Report of the Kenya Delegation to the 144th Assembly of the Inter-Parliamentary Union (IPU) and related Meetings, held in Nusa Dua, Indonesia from 20th to 24th March 2022, laid on the Table of the House on Tuesday, 7th March 2023. Thank you very much, Hon. Speaker.

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Hon. Speaker

Hon. Members, the House Business Committee also agreed that the Member for Marakwet West gives his Notice of Motion. Are you ready?

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Hon. Timothy Kipchumba (Marakwet West, Independent)

Thank you, Hon. Speaker. Before I give my Notice of Motion, I want to bring to your attention that there are attacks against the Marakwet Community in Arror Ward by Kamket boys from Tiaty Constituency.

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Hon. Speaker

Order, Hon. Member! You are totally out of order. Hon. Kamket is a Member of this House. I know you are a new Member, and you need to acquaint yourself with the Standing Orders. If you want to discuss Hon. Kamket or his boys, I will allow you to bring a Motion and debate him. You do not casually mention a colleague like that because it is not allowed under the Standing Orders. Can you give your No…

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Hon. Timothy Kipchumba (Marakwet West, Independent)

Hon. Speaker, with a lot of respect, I am very much aware of the Standing Orders of this House. The issue which is happening along Kerio Valley…

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Hon. Speaker

Order, Hon. Member. You are getting out of order. I have given you authority of the House Business Committee to give your Notice of Motion. Everybody is aware of the insecurity challenges that we have. Last week, I allowed the Member for Turkana, the distinguished Hon. Asinyen, an opportunity to move a Motion. She decently prosecuted a Motion on insecurity in Turkana. I have also done so for other…

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Hon. Timothy Kipchumba (Marakwet West, Independent)

Very well, Hon. Speaker. I am well guided. I beg to give notice of the following Motion: THAT, aware that Article 43 (1) (a) of the Constitution provides for the right of every person to access the highest attainable standard of health, which includes the right to health care services; further aware that cancer is among the leading causes of death in the country; noting that although the budgetar…

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Hon. Speaker

Thank you, Hon. Member. Hon. Kamket, if you want to comment on what I stopped the Member from talking about, I will as well stop you. Give him the microphone.

[(Laughter)]

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Hon. Kassait Kamket (Tiaty, KANU)

Hon. Speaker, I appreciate your protection. You have heard the Member…

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Hon. Speaker

There you go; I will stop you. Sit down. Order, Hon. Kamket! There are many forms of cancer, but the “Kamket Cancer” will not be allowed on the Floor of this House. I now give the Floor to the Member for Nyali, who has also been allowed by the House Business Committee, to give a Notice of Motion.

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Hon. Mohamed Ali (Nyali, UDA)

Shukran sana, Mhe. Spika.

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Hon. Speaker

Thank you, Hon. Mohamed. Next Order.

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Hon. Opiyo Wandayi (Ugunja, ODM)

Standing Order 172 provides that the

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Hon. Opiyo Wandayi (Ugunja, ODM)

to making changes in the membership of the House Committees, whenever it is deemed necessary. During the Committee on Selection sitting held on Wednesday 22nd February 2023, the Minority Party leadership proposed changes on Minority Party membership to a number of House Committees. To the consternation of the Minority Party, the said proposed changes met strong opposition from Members of the Majo…

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Hon. Opiyo Wandayi (Ugunja, ODM)

Just give me one-and-a-half minutes. Neither Standing Order 172 nor 173 presupposes a situation where either the Majority or Minority side of the Committee can veto, oppose or otherwise challenge the appointment or change thereof of House committee membership by parliamentary parties to various House Committees. Where the Majority or Minority Parties purport to do so, it is tantamount to infringin…

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Hon. Opiyo Wandayi (Ugunja, ODM)

Article 4(2) of the Constitution. It is our submission that there is no provision in the Constitution of Kenya, legislation, Standing Orders nor any precedent in the tradition and practices of the Houses of Parliaments in the Commonwealth that would support the impugned position adopted by the Majority Party membership. I want to conclude now. We invite you to apply your mind and vast experience …

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Hon. Speaker

Thank you, Hon. Wandayi. Since you are inviting me to make determination, and you make reference to the conduct in the Committee where both you and your colleague in the Majority sit, let me give him a minute or two to make a comment on the matter.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Speaker. Let me thank the Leader of Minority for asking for that statement. Standing Order 87 (2) says: “It shall be out of order to introduce an argument on any specific question upon which the House has taken a decision during the same Session, except upon a Motion to rescind the decision made with the permission of the Speaker”. I have read that Standing Order because having ke…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

framework so that if Hon. Naomi – forgive me for using her as an example – does not attend sittings of a committee which she is a Member, for instance, and Hon. Kagombe here who is an engineer is ready to offer his skills and expertise in road construction before that committee, then we have a basis to remove Hon. Naomi and replace her with a skilled person. Therefore, it is just to reiterate to t…

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Hon. Speaker

Thank you, Hon. Leader of Majority Party and Leader of Minority Party. I do not see any problem from what both of them are saying. I will advise the Hon. Leader of the Minority Party to liaise with the Hon. Leader of the Majority Party, as the Chairperson of the Selection Committee. However, if you wish to call for a sitting of the Committee and prosecute your issues, go ahead and do so. Next Sta…

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Hon. Caroli Omondi (Suba South, ODM)

On a point of order, Hon. Speaker.

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Hon. Speaker

Yes, Hon. Caroli Omondi. What is your point of order? What is out of order?

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Hon. Caroli Omondi (Suba South, ODM)

Hon. Speaker, I was just wondering whether we could use that to question why a Member is bringing forward a legal argument that is not founded, as provided for under Standing Order 91, because it will not be substantiated. I think the problem is that if you read Standing Order Nos. 171 and 172, there is a hangover that we have from our previous parliamentary system. That is what is explaining the …

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Hon. Caroli Omondi (Suba South, ODM)

Thank you, Hon. Speaker.

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Hon. Speaker

I hear you, but I do not want to open debate on this. I think I had already given directions. Let us have Hon. Wandayi. Give him the microphone.

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Hon. Opiyo Wandayi (Ugunja, ODM)

I think Hon. Caroli Omondi did not listen to me keenly, because he is now reading Standing Order Nos. 171 and 172 in isolation. I went further to read Standing Order 173, which I want to repeat for record purposes. I can also excuse him because he is a new Member and is just learning the ropes. Standing Order 173 requires that: “Unless otherwise provided by any written law or these Standing Order…

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Hon. Speaker

It is on the Hansard record. Let us have Hon. Kandie.

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Hon. Joshua Kandie (Baringo Central, UDA)

Thank you, Hon. Speaker. Pursuant to provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Environment, Forestry and Mining, regarding the stalled Kirandich Water Supply Project Phase II in Baringo County. Hon. Speaker, can you protect me from Hon. Wanjala?

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Hon. Speaker

Hon. Wanjala, Hon. Kandie is seeking the protection of the Chair from you!

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Hon. Joshua Kandie (Baringo Central, UDA)

Hon. Speaker, Kirandich Dam was constructed between the years 1994 and 2000 under Kirandich Phase I, and was funded by the Government of Kenya with support from the Italian Government. In 2007, the dam system presented challenges, including a lack of a waste water management system in Kabarnet Town, functional failures of the dam instrumentation systems, high operation and maintenance costs among …

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Hon. Joshua Kandie (Baringo Central, UDA)

that were granted, nothing much has been done except the setting up of the contractor’s camp, which is also incomplete. It is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Environment, Forestry and Mining on the following:

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Hon. Deputy Speaker

Next is Hon. Emmanuel Wangwe, Member for Navakholo.

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Hon. Emmanuel Wangwe (Navakholo, ODM)

Thank you, Hon. Deputy Speaker. I rise under Standing Order No. 43 (1) under General Statements. Education is a very important foundation to any citizenry. We witnessed a situation on Friday last week, where our substantive Speaker got an award of a Doctorate from Kibabii University. I could have raised this when he was on the Chair. It is my wish that I seek your acceptance. I congratulate the s…

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Hon. Kangogo Bowen (Marakwet East, UDA)

On a point of order, Hon. Deputy Speaker.

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Hon. Deputy Speaker

What is your point of order, Hon. Bowen Kangogo?

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Hon. Kangogo Bowen (Marakwet East, UDA)

Hon. Deputy Speaker, I just want to seek your guidance on the Statement read by the Member for Baringo Central on Kirandich Dam. The statement is supposed to be directed to me, as the Chair of the Departmental Committee on Blue Economy and Irrigation. It is framed as if it is addressed to the Chairperson of the Departmental Committee on Environment, Forestry and Mining. I seek your guidance on tha…

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Hon. Deputy Speaker

Hon. Bowen, you are right. Previously, there was no Departmental Committee on Blue Economy and Irrigation. For Hansard purposes, the Statement is referred to the Departmental Committee on Blue Economy and Irrigation.

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Hon. Deputy Speaker

We will now go to Questions. Member for Lamu East, Hon. Ruweida Obo. Question No.12/2023

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Hon. Ruweida Mohamed (Lamu East, JP)

Ahsante, Mhe. Naibu Spika. Swali hili limengojewa sana, mpaka wenyewe wamekuja hapa. Dadangu ambaye ni rafiki yangu, Thweba, amekuja kuona vile nitauliza Swali hili kwa sababu wao wanaathiriwa sana. Hon. Deputy Speaker, I rise to ask the Cabinet Secretary for Information, Communication and the Digital Economy the following Question:

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Hon. Deputy Speaker

Next Question is by Member for Embakasi Central, Hon. Benjamin Gathiru. The Question by Hon. Ruweida, the Member for Lamu East, is referred to the Departmental Committee on Communication, Information and Innovation. You may proceed. Let him have the microphone. Question No.13/2023

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Hon. Mejjadonk Gathiru (Embakasi Central, UDA)

Hon. Deputy Speaker, I rise to ask the Cabinet Secretary for Labour and Social Protection the following Question:

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Hon. Deputy Speaker

The Question is referred to the Departmental Committee on Social Protection.

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Hon. Deputy Speaker

Yes, Hon. Brighton? Question No.14/2023

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Hon. Brighton Yegon (Konoin, UDA)

Hon. Deputy Speaker, I would like to ask the Cabinet Secretary for Roads and Transport:

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Hon. Joseph Gitari (Kirinyaga Central, UDA)

Hon. Deputy Speaker, could the Cabinet Secretary for Education:

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Hon. Deputy Speaker

The Question is referred to the Departmental Committee on Education. Next is the Hon. Member for Westlands, Hon. Timothy Wanyonyi. Question No.16/2023

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Hon. Timothy Wanyonyi (Westlands, ODM)

Hon. Deputy Speaker, could the Cabinet Secretary for Roads and Transport:

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Hon. Deputy Speaker

The Question is referred to the Departmental Committee on Transport and Infrastructure. Next Question is by Hon. Member for Nakuru Town, Hon. David Gikaria. He is not here. The next Question is by the Hon. Member for Machakos County, Hon. Joyce Kamene. She has sent an apology. It would therefore, be deferred to the next Order Paper. Question No.18/2023

[(Hon. Deputy Speaker consulted the Clerk-at-the-Table)]

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Hon. Tom Odege (Nyatike, ODM)

Hon. Deputy Speaker, could the Cabinet Secretary for Roads and Transport:

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Hon. Deputy Speaker

The Question is referred to the Departmental Committee on Transport and Infrastructure. Next Question is by the Member for Embakasi, Hon. Mark Mwenje. Question No.20/2023

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Hon. Mark Mwenje (Embakasi West, JP)

Hon. Deputy Speaker, could the Cabinet Secretary for Interior and National Administration:

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Hon. Deputy Speaker

The Question is referred to the Departmental Committee on Administration and Internal Affairs.

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Hon. G.G. Kagombe (Gatundu South, UDA)

On a point of order, Hon. Temporary Speaker.

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Hon. Deputy Speaker

What is out of order, Hon. Kagombe?

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Hon. G.G. Kagombe (Gatundu South, UDA)

Hon. Deputy Speaker, I rise under Standing Order 42A (3) , which recognises that where the Speaker approves a Question and determines the Cabinet Secretary responsible for the matters to which it relates, the Clerk shall, at an appropriate time, publish the Question in the Order Paper. Cognisant of the Executive Order No.1 of 2023, the Betting Control and Licensing Board (BCLB) has since been mov…

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Hon. Deputy Speaker

The Clerks-at-the-Table will do some research and then advise us accordingly. I will make the announcement before I leave the Chair. Thank you for that intervention. The next Question is by the Member for Alego Usonga, Hon. Samuel Atandi. Question No.21/2023

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Hon. Samuel Atandi (Alego Usonga, ODM)

Hon. Deputy Speaker, I rise to ask the Cabinet Secretary for Information, Communication and the Digital Economy the following question: Could the Cabinet Secretary -

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Hon. Deputy Speaker

Thank you. It will be replied to before the Departmental Committee on Communication, Information and Innovation. We are now done with Questions. Next Order.

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Members, the time being 7.01