National Assembly · Afternoon Sitting

Wednesday, 13 March 2024

Session Summary

Members of the National Assembly voiced strong support for a motion to develop a satellite‑based climate change monitoring policy, citing the severe droughts, floods and erratic rains affecting Kenya. They argued that satellite data would improve weather forecasting, aid agricultural planning and enhance disaster preparedness, urging the government to adopt modern technology over traditional methods. The debate highlighted the need for timely, accurate climate information to protect livelihoods and improve resource management. Members highlighted the recent launch of Kenya's Taifa One satellite and advocated for integrating satellite‑based monitoring with AI to improve climate and agricultural forecasting. A separate motion called for a national policy to expand psychiatric services across all health facilities, while another urged the government to recognise and financially support primary caregivers of persons with severe disabilities through a dedicated cash‑transfer programme. All proposals were presented constructively, seeking enhanced social protection and technological advancement. Hon. Atieno Bensuda highlighted the inadequate financial and logistical support for persons with disabilities (PWDs) and their caregivers, urging the government to allocate sufficient funds and integrate disability considerations into budgetary policies. She cited personal observations of neglect, stressed the need for dedicated resources such as the Disability Resource and Information Centre, and called for the National Government Affirmative Action Fund to complement NG‑CDF allocations. The speech combined criticism of current gaps with a call for coordinated, affirmative action.

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Hon. Deputy Speaker

I direct that the Quorum Bell be rung for 10 minutes.

[(The Quorum Bell was rung)]

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Hon. Deputy Speaker

You can stop the Quorum Bell. Let us go to the first Order, which will be executed by the Deputy Leader of the Majority.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Deputy Speaker, I beg to lay the following Papers on the Table. Reports of the Auditor General and Financial Statements for the year ended 30th June, 2023 and the certificates therein in respect of:

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Hon. Deputy Speaker

Next Order.

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Hon. Deputy Speaker

Hon. Deputy Speaker, could the National Land Commission –

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Hon. Deputy Speaker

Hon. Haro. Question 056/2024

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Hon. Abdul Haro (Mandera South, UDM)

Hon. Deputy Speaker, could the Teachers Service Commission –

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Hon. Deputy Speaker

The Question by Hon. Mwengi Mutuse will be replied to before the Departmental Committee on Lands and the one by Hon. Abdul Haro will be responded to by the Teachers Service Commission. The respective Chairpersons of the Departmental Committees can confirm how long it will take them to have the Questions replied to.

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Hon. Malulu Injendi (Malava ANC)

Hon. Deputy Speaker, we will respond after two weeks.

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Hon. Deputy Speaker

Thank you.

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Hon. Deputy Speaker

Next Order. First Readings

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Hon. Deputy Speaker

Next Order.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Land (Amendment) Bill (National Assembly Bill No.40 of 2022) and its approval thereof without amendment.

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Hon. Gladys Boss (Uasin Gishu County, UDA)

On a point of order, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : What is your point of order?

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Hon. Gladys Boss (Uasin Gishu County, UDA)

Allow me to say something on this Bill. It is unfortunate that the sponsor of the Bill is absent. If a Member is absent in future, we should remove that particular legislative proposal out of the Order Paper. If he is not committed enough to be in the House, then there is no point of passing it. I request that you table this matter before the House Business Committee (HBC) , so that we can have a …

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Hon. (Dr) James Nyikal (Seme, ODM)

Thank you, Hon. Temporary Chairlady. I seek your guidance on exactly the same matter that has been raised on the Member. If this is a private Member’s Bill and the Deputy Leader of the Majority Party is the one who has moved reporting of what has been considered in the Committee of the whole House, is that in order? If it was a government Bill or one sponsored by the Leader of the Majority Party, …

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Hon. Charles Ngusya (Mwingi West, WDM)

Thank you, Hon. Temporary Chairlady. I want to echo the sentiments that were made by the Hon. Deputy Speaker and by the Member

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Hon. Charles Ngusya (Mwingi West, WDM)

the passage of this Bill so that the Member who presented the amendments can explain to the House why we need them. I seek your guidance on this matter, Hon. Deputy Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Moses Injendi, Member for Malava.

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Hon. Malulu Injendi (Malava, ANC)

Hon. Temporary Chairlady, I am following up on Hon. Boss’ comment. As per the Speaker’s ruling sometime back, when a Member is not available, he normally writes a letter indicating the person who will stand in for him. Before we reach that decision, it is important to know whether the Clerk’s Office communicated to the Member about this Bill. When he was informed, did he authorise or permit the Ho…

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Hon. Nicholas Mwale (Butere, ODM)

Thank you, Hon. Temporary Chairlady. I also want to comment on this weighty issue, which has been presented by the Hon. Deputy Speaker. Just as you have alluded to some seconds ago, this Bill is no longer a personal or private Member’s Bill. The moment a Bill is presented to the House, it becomes a property of the House. Considering the weighty issues that this Bill will address in this country, w…

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Hon. Rahim Dawood (North Imenti, Independent)

Thank you, Hon. Temporary Chairlady. I am cognisant of what the Deputy Speaker has said but we have been waiting for the Bills we are considering today to be slated by the House Business Committee. Maybe the Member was not aware it would be put in the Order Paper today. We were expecting it even last week and the week before. Maybe the Member is not around or he is out of the country and could not…

[(Hon. Simon King’ara walked into the Chamber)]

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Hon. Rahim Dawood (North Imenti, Independent)

the Committee of the whole House and we have already handled the amendments as raised. I order that we continue and give opportunity to the Deputy Leader of the Majority Party

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Hon. Owen Baya (Kilifi North, UDA)

Thank you very much, Hon. Temporary Chairlady. It is imperative that Members who have business slated for transaction come to the House, especially on Wednesday mornings, which we know are for private Members’ matters. Members should come to the House to avoid situations where we must step in to do things for them. Sometimes I do not have to be here for Wednesday morning sessions. The Whip does no…

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Hon. Simon King’ara (Ruiru, UDA)

Thank you very much, Hon. Temporary Chairlady. May I start by apologising for not being here. I was here in the morning. A security issue cropped up in Ruiru, where the County Commissioner was involved, and I had to rush there as that is my area of jurisdiction. We were almost losing a life and we had to settle the matter. I am very sorry for that. God has made it possible for me to come back and …

[(Question proposed)]

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Hon. Simon King’ara (Ruiru, UDA)

Hon. Members, we have concluded that Bill. We now move to the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bill No.45 of 2022). Hon. Abdul Rahim Dawood is in the House. Before that, I would like to acknowledge some guests. Seated in the Public Gallery this morning are students of Gitaru BrightRawa School from Kabete Constituency, Kiambu County; Mwangaza Secondary School…

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Hon. Patrick Ntwiga (Chuka/Igambang’ombe, UDA)

Thank you,

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Hon. Temporary Chairlady. I beg to move

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Hon. Gladys Boss (Uasin Gishu County, UDA)

Thank you, Hon. Temporary Chairlady. I just thought I would use this opportunity to prompt the House that as we discuss amending the Cancer Prevention and Control Bill, we must remind ourselves that despite the fact that I brought a petition before this House in 2019 that could help us further prevent cancer by ensuring the removal of 262 pesticide products confirmed by world scientists and the pe…

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Hon. Gladys Boss (Uasin Gishu County, UDA)

chemical companies. They recently appeared before the Departmental Committee on Health. Hon. Ntwiga, you were a Member of the Departmental Committee on Health when I appeared before it and instead of ordering those products to be removed from the Kenyan market, the Committee was irresponsible enough to leave it to the vultures, the Pest Control Products Board. Since 2019, they have only removed se…

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Hon. (Dr) James Nyikal (Seme, ODM)

Mine will be short. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : I will give you a chance because your Committee has been mentioned.

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Hon. (Dr) James Nyikal (Seme, ODM)

Hon. Temporary Chairlady, I support the amendments. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Vice-Chairperson.

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Hon. Patrick Ntwiga (Chuka/Igambang'ombe, UDA)

Thank you,

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Hon. Temporary Chairlady. I stand on behalf of the Departmental Committee on Health to say two things

One, I have had a long discussion with the Deputy Speaker on the issue of pesticides in this country and its regulations. It is an issue that I have severally conversed with her. It is true I sat in the Departmental Committee on Health in the last Parliament. She brought that matter to Parliament which referred it to the Committee. I want to state that the Committee did not behave irresponsibly be…

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Hon. Temporary Chairlady. I stand on behalf of the Departmental Committee on Health to say two things

I order that the matter concerning the Petition be handled differently so that we can focus on this Bill. As the Deputy Speaker was supporting the amendment, she raised a very important matter that you can pick up at another time. Hon. Patrick Ntwiga (Chuka/Igambang'ombe, UDA): I concur with her. Whatever she has mentioned is true, and she has talked to me about it severally. The Temporary Chair…

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Hon. David Gikaria (Nakuru Town East, UDA)

Thank you, Hon. Temporary Chairlady. I want to support the Deputy Speaker. I also want to reiterate the fact that the

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Hon. Patrick Ntwiga (Chuka/Igambang'ombe, UDA)

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Hon. Temporary Chairlady. I beg to move

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Hon. Temporary Chairlady. I beg to move

Always. Thank you, Hon. Temporary Chairlady. I rise to support this. Cancer is an important issue and without collaborative effort, you cannot deal with it. Therefore, this amendment brings on board universities, colleges, private sector and training institutions, particularly the training of oncologists. This is a very important amendment. I support it. The Temporary Chairlady (Hon. (Dr) Rachael…

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Hon. Owen Baya (Kilifi North, UDA)

No. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Members, we have come to the end. I call upon the Mover to move the reporting. Hon. Dawood.

[(Question, that the words to be left out be left out, put and agreed to)]

[(Question, that the words to be inserted in place thereof be inserted, put and agreed to)]

[(Clause 4 as amended agreed to)]

[(Clause 2 agreed to)]

[(Clause 1 agreed to)]

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Hon. Rahim Dawood (North Imenti, Independent)

Hon. Temporary Chairperson, I beg to move that the Committee do report to the House its consideration of the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bill No.45 of 2022) and its approval thereon with amendments. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you, Hon. Dawood. Hon. Members, having established that Hon. David Gikaria, CBS, is in the Hous…

[(Question proposed)]

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Hon. Rahim Dawood (North Imenti, Independent)

be considered this morning. Before I call upon the Mover to move the reporting, I would like to welcome our guests who are seated in the Speaker’s Gallery this morning. We have Thika High School for the Blind, Thika Constituency, Kiambu County. I welcome you to the National Assembly to continue observing proceedings of the House. I call upon Hon. Gikaria to move the reporting.

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Hon. David Gikaria (Nakuru Town East, UDA)

Hon. Temporary Chairlady, I beg to move that the Penal Code (Amendment) Bill (National Assembly) Bill No.56 of 2022) and its approval thereon without amendments. I request Hon. King’ara to second.

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Hon. Simon King’ara (Ruiru, UDA)

I second. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you, Hon. Gikaria. Hon. Members, we are now going back to Plenary.

[(Question proposed)]

[(The House resumed)]

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The Temporary Speaker (Hon. David Ochieng’)

I call upon the Mover to move reporting on the Land (Amendment) Bill .

[(No.40 of 2022)]

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Hon. (Dr) Rachael Nyamai (Kitui South, JP)

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Land (Amendment) Bill (National Assembly Bill No.40 of 2022) and approved the same without amendments.

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The Temporary Speaker (Hon. David Ochieng’)

Thank you. Mover.

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Hon. Simon King’ara (Ruiru, UDA)

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the Said Report. I also request Hon. Gikaria to second the Motion for agreement with the Report of the Committee of the whole House.

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Hon. David Gikaria (Nakuru Town East, UDA)

I second.

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The Temporary Speaker (Hon. David Ochieng’)

Thank you.

[(Question proposed)]

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Hon. (Dr) Rachael Nyamai (Kitui South, JP)

On a point of order, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. David Ochieng’)

Hon. Rachael Nyamai. What is out of order?

[(Hon. Rachael Nyamai spoke off record)]

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The Temporary Speaker (Hon. David Ochieng’)

We are still on the Land (Amendment) Bill (National Assembly Bill No.40 of 2022). Go ahead Mheshimiwa.

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Hon. Simon King’ara (Ruiru, UDA)

Thank you very much, Hon. Temporary Speaker. I thank Members for coming early to support the Land (Amendment) Bill (National Assembly Bill No.40 of 2022) which is going to lock the public utility. My concern is that… Hon. Kang’ara, you just moved this for adoption, and therefore, you cannot contribute to it.

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Hon. Simon King’ara (Ruiru, UDA)

Thank you. Due to lack of Quorum… Hon. Members, I have guided that the Question on this Bill for adoption, be put in the next Sitting. We, therefore, move to the next Bill, the Cancer Prevention and Control (Amendment) (No. 2) Bill (National Assembly Bill No. 45 of 2022) . I will, therefore, call upon the Chairperson to move.

[(Putting of the Question deferred)]

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Hon. (Dr) Rachael Nyamai (Kitui South, JP)

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Cancer Prevention and Control (Amendment) (No.2) Bill (National Assembly Bill No.45 of 2022) and approved the same with amendments. Thank you. Mover of this Bill, Hon. Dawood.

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Hon. Rahim Dawood (North Imenti, Independent)

Thank you, Hon. Temporary Speaker. I beg to move that the House do agree with the Committee on the said Report. I also request Hon. Muthoni to second the Motion for agreement with the Report of the Committee of the whole House. Hon. Muthoni. Is she in the House? Okay, go ahead.

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Hon. Muthoni Marubu (Lamu County, Independent)

Thank you, Hon. Temporary Speaker. I second this Bill. Thank you.

[(Question proposed)]

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Hon. (Dr) Rachael Nyamai (Kitui South, JP)

No.

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The Temporary Speaker (Hon. David Ochieng’)

Okay. Hon. Baya.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Temporary Speaker, due to the import of the matters that have been canvassed and the reporting that has been made, and the importance of these Bills, I will request that we defer putting the question to the next Sitting when we are ready to do that. Thank you.

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Hon. Owen Baya (Kilifi North, UDA)

Thank you. Putting of the Question is accordingly deferred to the next time this Bill comes up for consideration in the House.

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Hon. (Dr) Rachael Nyamai (Kitui South, JP)

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Penal Code (Amendment) Bill (National Assembly Bill No.56 of 2022) and approved the same without amendments. Hon. Gikaria, the Mover.

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Hon. David Gikari (Nakuru Town East, UDA)

Thank you, Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Jayne Kihara to second the Motion for agreement with the Report of the Committee of the whole House.

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The Temporary Speaker (Hon. David Ochieng’)

Hon. Kihara.

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Hon. Jayne Kihara (Naivasha, UDA)

Thank you, Hon. Temporary Speaker. We have outdated laws in this country. This is a free country where free movement and free speech is allowed, and some of the penalties given to people in those petty offenses must move with the times. I second.

[(Question proposed)]

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The Temporary Speaker (Hon. David Ochieng’)

Hon. Baya.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Temporary, I beg your indulgence that we defer putting of the Question on this matter. It is an important matter and it is important that the Question be put next time so that we can achieve what we need to achieve as a Parliament. So, I request and indulge you that you defer putting the Question. Thank you. The decision on the adoption of that Report is, therefore, put off to the next time …

[(Putting of the Question deferred)]

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Hon. Abdul Haro (Mandera South, UDM)

given time; concerned that, psychiatric units are only available in a few facilities in the country and patients requiring psychiatric services have limited or no access to these facilities; acknowledging that, access to healthcare facilities would lead to improved overall health, increased economic productivity, social equity and improved quality of life for all; now therefore, this House urges t…

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Hon. Dorothy Muthoni (Nominated, UDA)

Thank you, Hon. Temporary Speaker. I beg to move the following Motion: THAT, aware that, Article 21 (3) of the Constitution provides that all State Organs have the duty to address the needs of vulnerable groups within the society; further aware that the persons with severe disabilities cash transfer programme (PWSD-CT) is one of the four cash transfer programmes implemented by the government as p…

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Hon. Dorothy Muthoni (Nominated, UDA)

programme for these persons. The objective of this is to alleviate the economic burden of such caregivers, thus improving their quality of life from a social and health perspective. According to the 2019 census report, 2.2 per cent, that is 0.9 million Kenyans live with some form of disability with the majority residing in rural areas. There is an established link between poverty and disability. …

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Hon. Dorothy Muthoni (Nominated, UDA)

dedicate their lives to caring for these persons. They cannot even undertake civic duties such as voting. For this reason, I urge Members to support this Motion. We should bear in mind that anybody seated in this House can be a candidate of severe disability. Nobody knows when disability will strike. There are people who are involved in accidents and find themselves completely incapacitated. They…

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Malulu Injendi.

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Hon. Malulu Injendi (Malava, ANC)

Thank you, Hon. Temporary Speaker. I rise to….

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

I am sorry, Hon. Malulu Injendi. Please take your seat. Hon. Members, before the Motion is seconded, I would like to recognise students who are seated in the Public Gallery this morning. They are from Kamuwongo Secondary School, Mwingi North, Kitui County; Kieni Secondary School, Subukia, Nakuru County and Lizzie Wanyoike Preparatory School, Ruiru, Kiambu County. You are welcome to observe the pr…

[(Applause)]

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Hon. Malulu Injendi (Malava, ANC)

Thank you, Hon. Temporary Speaker. I rise to second this Motion. I begin by citing Chapter Four of the Constitution of Kenya, 2010, on the Bill of Rights. Article 43 (1) of the Constitution provides for economic and social rights on six sectors which include health, adequate food of acceptable quality, housing, clean and safe water, social security and education. The people with severe disabili…

[(a, b, c, d, e and f)]

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Hon. Malulu Injendi (Malava, ANC)

the caregivers so that they can also lead decent lives. Most families that suffer from this are poor ones. They have no other sources of income or people to turn to for help in providing care. Therefore, this is an important time in our country that we should consider giving some money to caregivers. You will realise that the kind of disability we are referring to is so severe that it requires so …

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Thank you very much. Hon. Members, before I propose the question, I would like to recognise our guests seated in the Speaker’s Gallery this morning. We have students from Utumishi Boys Academy from Gilgil Constituency, Nakuru County. You are welcome to the National Assembly to observe proceedings of the House.

[(Question proposed)]

[(Debate on the Motion suspended)]

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Members, before we go to debate, I would like to give a communication. Pursuant to Standing Order 41 (1) of the National Assembly Standing Orders, I wish to report to the House that I have received a message from the Senate regarding the passage of the Affordable Housing Bill (National Assembly Bill No.75 of 2023) . The Message conveys that on Wednesday, 12th March 2024, the Senate considere…