National Assembly · Afternoon Sitting

Hon. Members on your feet, take your seats. Hon. Members, I have a communication to make on the committal of different provisions of the Business Laws (Amendment) Bill 2024 to various Departmental Committees. The Business Laws (Amendment) Bill (National Assembly Bill No.49 of 2024) , sponsored by the Leader of the Majority Party, Hon. Kimani Ichung'wah, was read for the First Time during today's m…

Hon. Members, I have a Message from His Excellency the President on the nomination of persons for appointment to constitutional commissions and other state offices. Pursuant to the provision of Standing Order 42 (1) , I wish to report to the House that I have received five messages from His Excellency the President on the nomination of persons to the following State offices.

S/No. Nomination Departmental Committee

Hon. 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 2024, and the certificates therein in respect of:

Thank you. The Chairperson of the Departmental Committee on Labour, Hon. Karemba.

Thank you, Hon. Speaker. I beg to lay the following paper on the Table:

Next is the Chairperson of the Departmental Committee on Education, Hon. Melly.

It is the Member for Luanda.

Hon. Maungu. Is he your Vice?

Hon. Speaker, I beg to lay the following papers on the Table: Reports of the Departmental Committee on Education on its consideration of:

Thank you, Hon. Dick. Leader of the Majority Party, is the Cabinet Secretary for the Ministry of Roads and Transport coming this afternoon? Okay. Before we get there, let us go to Order No.8.

[(Hon. Kimani Ichung’wah spoke off the record)]

On a point of order, Hon. Speaker.

Yes, Hon. Oundo.

Hon. Speaker, I do not know whose mistake it is. I was in the Table Office a few minutes ago, and I confirm that we have not had the opportunity to have copies of the responses that the Cabinet Secretary is coming to give. We need to read, understand and be in a good position to ask rejoinder questions. Is it possible to facilitate that through your office so that we can look at the responses befo…

Hon. Oundo, we can deal with that on a need basis. Once the Cabinet Secretary answers certain questions, the questioner can raise a supplementary relating to the adequacy of the answer. But if you need a written answer, the Clerk will facilitate. You can see the Clerk-at-the-Table.

[(Loud consultations)]

We will go back to questions. Hon. Namuar, you indicated that you are dropping your request for a statement, right?

I am well guided, Hon. Speaker.

Okay. Leader of the Majority Party, Hon. Namuar tells me that the statement he requested was adequately dealt with by the visit of His Excellency the President to his county. So, he has dropped it. Thank you for saving our time and acknowledging that your issues have been addressed. Let us go to questions now. Can you bring in the Cabinet Secretary? Hon. Namuar.

Thank you, Hon. Speaker. I have a pending statement that has not been resolved to date.

See the Clerks-at-the-Table or the Table Office so that it can be put on the Order Paper tomorrow.

Hon. Speaker, you made a ruling regarding the Kenya Wildlife Services (KWS) issue with fishermen at Sibiloi. You resolved that we form a multi-sectoral committee to look into the issue. The issue was brought up in June, but nothing has been processed yet.

Hon. Namuar, I advise you to see the Clerks-at-the-Table so that they can bring my attention to the issue you are raising.

Question 167/2023, Member for Baringo Central, Joshua Kandie. Joshua Kandie is not in the House. You cannot stand in for him unless there is a written request to the Speaker. Member for Kinango, Hon. Gonzi Rai, go ahead. Question 178/2023

[(A Member spoke off the record)]

[(Questions 167/2023 deferred)]

Hon. Speaker, I rise to ask the Cabinet Secretary for Roads and Transport the following question.

Sorry, hold right there. I skipped one page. We have two Questions by Private Notice. The first one is by Wakili Muriu.

Thank you. Yes, Hon. Basil.

Thank you, Hon. Speaker. My supplementary is tied to what Hon. Oundo asked. Can the Cabinet Secretary tell us whether JKIA was operating at a loss for it to be considered for privatisation?

Cabinet Secretary. The Cabinet Secretary for Roads and Transport : Thank you, Hon. Members. With respect to JKIA, in its audited accounts, it makes a profit of Ksh4 billion annually. As we are aware, we have over utilised JKIA, and therefore, we need a new airport. In terms of the traffic and investments we receive at JKIA, it is in the tune of Ksh200 billion. So, when you are talking about an in…

[(Mr Davis Chirchir)]

Thank you. Yes, Hon. Mwenje. I want to move to the next question.

Thank you, Hon. Speaker. Mine is a quick one, in light of this transaction with Adani perhaps the Cabinet Secretary can just explain to us what happened with the deal that existed with Kenya Airways and JKIA. We got the feeling that it was dying but we have never gotten a comprehensive report on what happened with that specific transaction.

Cabinet Secretary. The Cabinet Secretary for Roads and Transport : Thank you, Hon. Speaker. Let me just remind the House that that Bill was withdrawn by this House.

[(Mr Davis Chirchir)]

Thank you. We will go to the next question. Hon. Muriu, these papers have got no authentication. There is no indication where they are coming from, and for now I will disallow them. If you find a way to have them authenticated as to their source, content veracity and accuracy, then we will deal with it. Next question, Hon. Mark Mwenje. Yes, Hon. Kaluma.

Hon. Speaker, Hon. Muriu has made a serious claim against an investor seeking opportunity to invest in our constrained economy. It is not a light matter. Under Standing Order No.91, if you cannot duly substantiate the claims you make then that claim must be expunged from the records and the maker of that unsubstantiated statement must withdraw and apologise.

I am saying this because I have information that while Hon. Muriu is saying Adani company cannot engage in any investment in this country, as we speak they are engaged in big infrastructural projects, including in New South Wales, Australia. Mega projects, bigger than this one here. We cannot have a situation where we, as leaders, of a country, operating in this difficult economic environment thro…

I do not know what Wa Munyoro is. You have made your point. Peter Kaluma : They need to be expunged.

[(Homa Bay Town, ODM)]

I have already directed that the documents as they are and from advice from the Clerk-at-the-Table, are inadmissible. We will go to the next question. Hon. Muriu I have told you what to do if you want to be believed. Hon. Mark Mwenje.

Thank you, Hon. Speaker. Before I ask my question…

I have moved to the next question.

On a point of order, Hon. Speaker.

On the same issue? Okay, Hon. TJ Kajwang’.

Hon. Speaker, you know…

Can you mute your microphone, Hon. Mwenje?

The Member for Homa Bay Town is my law partner and I always do not disagree with him on very serious issues. But as a ranking Member, as I am and I heard that from the Deputy Speaker, is it in order that Members of this House should talk down other Members on issues which are substantial, which are being spoken both outside and inside? To refer that Members are rumour mongering whether it is a new…

Thank you, Hon. TJ. I have already given direction on the matter and Hon. Wakili Muriu being a senior lawyer, knows what to do with his documents.

Thank you, Hon. Speaker. I rise to ask the 14th question by Private Notice of this year.

Cabinet Secretary. The Cabinet Secretary for Roads and Transport : Hon. Speaker, allow me not to repeat the question, but to respond that KeRRA received a total of Ksh42,101,040 per constituency, countrywide, under the 22 per cent RMLF, that is the Road Maintenance Levy Fund, financing for the financial year 2023/24, including 17 constituencies in Nairobi County. When you compute what was receive…

[(Mr Davis Chirchir)]

Hon. Mark Mwenje.

Thank you, Hon. Speaker and the Cabinet Secretary for his response. My follow-up is basically that these amounts for KeRRA have consistently been reducing. The fact that our committee went to the ground and budgeted even for these savings that were going to occur, then how can the Cabinet Secretary guarantee that this will not repeat itself in the subsequent financial years especially considering …

Hon. Oluoch, the Member for Mathare. Give him a microphone.

Thank you, Hon. Speaker. Let me make this follow up question to the Cabinet Secretary. What is the legal mechanism by which a ceiling which has already been committed to constituencies, work plans already done and already some activities and advertisements have been undertaken? How can the Roads Levy Fund based on alleged reduced earnings then tell constituencies that they will not undertake these…

road up to 80 per cent and is now at a standstill. Is there a legal mechanism by which you can be able to fall back and say that these were your ceilings, but we have now not collected enough? I think the Cabinet Secretary should be able to come clean to avoid putting constituencies’ roads that have been done to a certain extent to be left undone as white elephants. Thank you.

Hon. Dr. Mutunga.

Thank you Hon Speaker. My supplementary question is on the same money committed to pay for contracts that have already been issued. I have a case in my constituency where a road was estimated to be done at Ksh4,000,000 and only Ksh3,000, 000 was available. I went back to the apportionment of the money and the decisions made when the reductions were done. Did the Ministry not consider that committe…

Thank you. Let us have Hon. (Dr) Oundo.

Hon. Speaker, I think this issue of the 22 per cent and 10 per cent is now becoming a thorn in the flesh. Once the works are complete, assuming the entire disbursement was done, there is what we call savings. I ask the Cabinet Secretary to clarify, up to date the so-called savings have not been remitted to the regional offices to enable us undertake and enable the Constituencies Roads Committee (C…

Yes Hon. Nyenze. Let us take one more from Hon. Edith, you answer and then we move on to the next question.

Thank you. Mine is a supplementary question on the KeRRA roads again. There was an advertisement which was done on the 22 per cent and also 10 per cent roads about two weeks ago. After it was withdrawn and the advertisement was suspended, the advertisement, which had gone out did not have the names of the constituencies. They did not even give us, as the Members of Parliament the amount allocated.…

In regard to the challenge of overestimating the revenues and going out to tender for roads on estimates that may not be achieved, we will work very closely with the Energy and Petroleum Regulatory Authority (EPRA) that will give us the estimates for the petroleum products that will be consumed, so that we do not get into that situation. But as I said, the KeRRA Board met yesterday and approved ad…

Hon. Kandie.

Hon. Speaker, I rise to ask the Cabinet Secretary for Roads and Transport the following question. Could the Cabinet Secretary–

Cabinet Secretary. The Cabinet Secretary for Roads and Transport : Thank you, Hon. Speaker. Thank you for the Question, Hon. Joshua Kandie. Hon. Members, Section 6 of the Kenya Roads Board Act No.7 of 1999 lays out how the RMLF is allocated to road agencies. More specifically, Sections 6 (2) (d) (1) and (2) of the Kenya Roads Board Act No.7 of 1999 stipulates the following allocations to constit…

[(Mr Davis Chirchir)]

Similarly, I have tabulated the receipt amounts under the 10 per cent critical link roads allocations for the four financial years. Like I said, the totals have increased progressively from Ksh31,366,221 in the Financial Year 2019/2020 to Ksh61,961,904 in the Financial Year 2022/2023, which is good progress. Hon. Members, Section 19(4) of the KRB Act No.7 of 1999 mandates the Board to consolidate…

[(Loud consultations)]

Order, Hon. Members. Order, Hon. Elisha. Before we go to the next question, allow me to acknowledge in the Speaker’s Gallery, two very distinguished ladies from the East African Community: The Speaker of the Parliament of Uganda, Hon. Anita Annet Among’, also known as “Triple A”; and the Speaker of the Parliament of the United Republic of Tanzania, Dr Tulia Ackson, who is also the President of the…

[(Applause)]

[(Applause)]

Thank you, Hon. Speaker. On behalf of the IPU delegation in Kenya, I wish to congratulate our President. Kenya played a very significant role in ensuring that she was elected. Also on behalf of the Women of this Parliament, we are very proud when we see women Speakers. We are looking forward to the next Speaker, we do not want to remove you, but the next woman Speaker sitting there.

[(Laughter)]

We are very happy to have them, and welcome to Kenya. Thank you. Both of them are known to me, and I am very happy to see them.

They are women, alright, but they are Speakers out of their competence, beyond their gender.

[(Applause)]

Hon. Speaker, I want to thank you for this opportunity, and because you have already welcomed the very esteemed Speakers, I would only want to put it in one word: to congratulate the ladies for being able to ascend not only to the apex of their Parliaments, but also for great leadership in the continent, identifying that the Hon. Tulia Ackson is our Inter Parliamentary Union (IPU) President, and K…

For your information, in our bureau meeting, we acknowledged that we have a candidate for the African Union Commission, and we agreed that he is indeed a candidate from the East African region, and shall enjoy the support of the region.

[(Applause)]

Hon. Speaker, I am satisfied. However, I would...

If you are satisfied, there is no however. Let us go to the next Question. Hon. Gonzi Rai, the Member for Kinango. Question 178/2023

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

The Cabinet Secretary for Roads and Transport. The Cabinet Secretary for Roads and Transport : Thank you, Hon. Speaker and Hon. Gonzi Rai. On this particular one, Hon. Speaker and Hon. Members, the notices were issued because the buildings were within the road reserves as marked through the road reserves boundary post that was installed in 2018. I have Appendix II, as Hon. Gonzi Rai requested, w…

[(Mr David Chirchir)]

Go ahead. The Cabinet Secretary for Roads and Transport : Thank you.

[(The Cabinet Secretary for Roads and Transport tabled the document)]

[(Mr David Chirchir)]

Hon. Gonzi Rai.

What the Cabinet Secretary is telling us could have some truth, but the question I am asking is about Mackinnon Road. The allegations about the houses which people removed the structures was in Taru. The road we are talking about is 57 Kilometres, and I am talking about Taru-Uteno Mackinnon Road Trading Centre, where sometimes last year, I took the former for Road Cabinet Secretary for Roads and T…

Just ask him a question.

Can the Cabinet Secretary confirm or give an undertaking of coming to Mackinnon Road to confirm what is on the ground versus what is being said on paper in this House?

Hon. Kenneth Tungule take one more.

Thank you very much, Hon. Speaker for this opportunity.

I am asking a question on behalf of the people of Ganze Constituency, and it is in regard to the tarmacking of the road from Bamba to Ganze to Kilifi. This is a road that was launched in 2021, and it was a contract for three years, which elapsed in November this year. But the problem is that the contractor only did 5.6 Kilometres of the 56 Kilometres that he was required to do, and the project has…

Hon. Julius Taitumu, this is a very narrow question about Mackinnon Road. Just hold on, Cabinet Secretary. Hon. Julius Taitumu.

Hon. Speaker, this is not about Mackinnon Road. I wanted to put a question concerning Kaelo-Kamukunji-Mutuati Road. On 22nd April 2023, the President visited the area where a road had stalled since 2017. The President commissioned and gave an undertaking that the road should be completed in December 2023, but there is no contractor on site up to now. These things are making this Government unpopul…

Cabinet Secretary. The Cabinet Secretary of Roads and Transport : Thank you, Hon. Speaker. With respect to Mackinnon Road, let me confirm that I can come to the ground because I will be in Mombasa next week. We can visit Mackinnon Road and confirm, that is, if you will be on the ground. We will work with the county government more closely to make sure we do not issue conflicting information. Out…

[(Mr Davis Chirchir)]

Hon. Ojiambo Oundo.

Question 013/2024

I rise to ask the Cabinet Secretary for Roads and Transport the following Question: Could the Cabinet Secretary:

Waziri. The Cabinet Secretary for Roads and Transport : Thank you Hon. Speaker and Hon. Members. Regarding the Question by Hon. (Dr) Oundo with respect to the road in Funyula and Matayos, I wish to state that the Matayos-Ganjala-Nakhasiko-Nangina Road was among the roads tendered in the 2017/2018 Financial Year under the Low Volume Sealed Roads Programme. However, the road failed to attract bidde…

[(Mr Davis Chirchir)]

I think it is as clear as that. Do you have a supplementary question?

Hon. Speaker, it is heartening for the Cabinet Secretary to acknowledge that subsequent regimes have treated and discriminated the people of Matayos Constituency and Funyula Constituency unfairly. It is also encouraging to say that he will look at it. When I saunter into his office, I hope he will not lock me out and make me wait for three hours yet I am supposed to come and give quorum in this Ho…

Thank you, Hon. Speaker.

Those were just kind comments. Cabinet Secretary, you do not have to respond. The next is Question 069 of 2024 by the Member for Westlands. Question 069/2024

Hon. Speaker, I rise to ask the Cabinet Secretary for Roads and Transport the following Question: Could the Cabinet Secretary:

On access to Government facilities, Nairobi School and the Kenya Forestry Research Institute (KEFRI), I want to state that we have not started. However, we have some 4.3 kilometres to do in that section. Regarding the structures which include bridges, vehicular underpass, pedestrian underpass, pedestrian footbridges, retainer wall, and all the other structures, let me say as follows: we invite H…

Hon. Member for Westlands.

Hon. Speaker, I thank the Cabinet Secretary for providing the answer although I could hardly hear him from where I seat. There is a lot of echo behind here. Additionally, the microphone that Waziri is using is inaudible. I could hardly hear what he was saying. I heard him mention that he would invite me to a meeting, but I do not know which one. Could he repeat that? I would also like to ask abou…

Cabinet Secretary, let us take Hon. KJ’s question.

Hon. Speaker, I thank you for giving me this opportunity. I also thank Waziri Chirchir for an attempt to address these issues. The Cabinet Secretary has talked about the situation in Westlands. He has also given an assurance to the Leader of the Majority Party that the work at Gitaru Bridge shall be completed within two months. Sandwiched between these two constituencies is Dagoretti South Consti…

Thank you, Hon. Speaker. I wish to ride on that to add to what the Member for Westlands has said. Outer Ring Road has now become one of the most dangerous roads for pedestrians who are crossing. There is also Kangundo Road which is undergoing expansion and Mama Lucy Hospital is on one side. People and children have to cross the road from the other side. What measures will the Ministry be willing t…

Can you answer those ones? The Cabinet Secretary for Roads and Transport : Thank you, Hon. Speaker. Hon. Wanyonyi, I indicated that Westlands…

[(Mr Davis Chirchir)]

Are you able to hear the Cabinet Secretary now? The Cabinet Secretary for Roads and Transport : I indicated, Hon. Speaker and Hon. Members, that there is much we are doing with respect to Westlands roundabout, the matatu congestion, and the challenge with the roadworks which are incomplete. The leadership called us for a meeting yesterday with the county government. We will be having a meeting on…

[(Mr Davis Chirchir)]

[(The Cabinet Secretary consulted the Principal Secretaries)]

Hon. Malulu Injendi! His Question is deferred. Hon. Stephen Mogaka! His Question is deferred. Question 78/2024

[(Question 070/2024 deferred)]

[(Question 073/2024 deferred)]

Thank you, Hon. Speaker, for the opportunity. I rise to ask Question 78/2024 to the Cabinet Secretary for Roads and Transport. Could the Cabinet Secretary:

Cabinet Secretary, I am told this Question relates to the same road in Question 142/2024 by Hon. James Nyikal. I will allow him to ask so that you answer them together. Hon. James Nyikal. Question 142/2024

Thank you, Hon. Speaker. I rise to ask the Cabinet Secretary for Roads, Transport and Public Works the following Question. Could the Cabinet Secretary:

Cabinet Secretary. The Cabinet Secretary for Roads and Transport : Hon. Speaker, let me go straight to acknowledging delay in completion of the said Doldol-Nanyuki Road in Laikipia Constituency caused by non-performance by the contractor who was engaged to do the works. Shibli Enterprise Limited has been slow in the process. We have had several meetings to engage him to expedite the works. I had …

[(Mr Davis Chirchir)]

[[The Speaker (Hon. Moses Wetang’ula) left the Chair] [The Deputy Speaker (Hon. Gladys Boss) took the Chair]]

Thank you. Hon. Sarah Korere, do you have a supplementary?

Thank you, Hon. Deputy Speaker. Indeed, I acknowledge that the Cabinet Secretary has taken up the issue. He has called me about the road several times. Cabinet Secretary, I inform you and humbly plead with you that the people of Laikipia North are facing untold suffering because of the status of that road. Waziri, bandits shot two people dead just the other day. They suffered serious gunshot wound…

Cabinet Secretary, I will give a chance to the next speaker then we close. Member for Chesumei, you are the one who will say something. Hold on.

On a point of order.

Hon. Junet, what is your point of order? We are not taking any more Supplementary Questions. You came in too late. Proceed, Member for Chesumei.

I rise to ask the Cabinet Secretary what the Ministry is doing regarding the contractor assigned to Danger-Chemuswa Road. It has not only stalled. There is no maintenance that has been done ahead of works. The road is not passable or motorable at all. The Uhuru Government launched it back in 2016 but it has not taken off up to now. The Chepterit–Chepkober-Kaiboi Road under KeNHA has also stalled.…

initiative. The road is now motorable but there is an adjacent road which is very bad. We had requested the Regional Director to do something so that we do not waste taxpayers’ money but they are saying that their hands are tied. Why should we lose money on the Kaptel-Chomisia Road that has already been fixed when there is an adjacent road that is not good? Please intervene. Thank you very much.

Okay. Hon. Cabinet Secretary, those are the last questions. Hon. Marianne Kitany, Member for Aldai, the substantive Speaker has already ruled that we were taking the last intervention. All other questions will be responded to in two weeks’ time. That is when the Cabinet Secretary will come back to the House. That was the agreement. Proceed Waziri. The Cabinet Secretary for Roads and Transport :…

[(Hon. Marianne Kitany spoke off the record)]

[(Mr. Davis Chirchir)]

[(Applause)]

Thank you Cabinet Secretary. You may take your leave. Next Order.

[(Hon. Davis Chirchir left the Chamber)]