National Assembly · Afternoon Sitting

Wednesday, 14 February 2024

Session Summary

Members debated trust and funding commitments for school fees while Hon. Esther Passaris sought adjournment to address the urgent rise in femicide cases. The House also considered several procedural motions to limit debate times on sessional papers, constitutional commission reports, and the budget report. Members, led by Hon. Opiyo Wandayi, criticised the slow disbursement of NG‑CDF and NGAAF funds, labeling the committee’s statements as misleading and demanding at least 60% of the outstanding Ksh35 billion be released before year‑end. Other members, such as Hon. Silvanus Osoro, pointed to recent improvements and projected full fund release by May, while also acknowledging the broader financial crisis and budget implementation challenges. The debate underscored frustration over Treasury delays and calls for greater accountability. Hon. Leah Sankaire urged the House to treat femicide as a national crisis, condemning the slow prosecution of perpetrators and the lack of effective reporting mechanisms. She called for a national register of gender‑based violence offenders, stronger international cooperation, and dedicated, sensitised reporting desks. The speech called on security agencies, the ODPP and the judiciary to act swiftly to protect women and children.

H
Hon. Speaker

We have quorum to transact business. This is very encouraging so far. Clerk-at-the Table.

H
Hon. Speaker

Leader of the Majority Party.

H
Hon. Owen Baya (Kilifi North, UDA)

Hon. Speaker, I beg to lay the following Papers on the Table:

H
Hon. Speaker

Chairperson of the Decentralised Funds Accounts Committee. Hon. Mulyungi, is that you? Go ahead. Are you ready? Go ahead.

[(Hon. Gideon Mulyungi spoke off the record)]

H
Hon. Gideon Mulyungi (Mwingi Central, WDM)

Thank you, Hon. Speaker. I beg to lay the following Paper on the Table: Second Report of the Decentralized Funds Accounts Committee on its consideration of the financial statements for the National Government Constituency Development Fund (NG-CDF) for five constituencies in Vihiga County for financial years 2013/2014, 2014/2015 and 2015/2016.

H
Hon. Speaker

Thank you. Next Order.

H
Hon. Speaker

Hon. Mulyungi

H
Hon. Gideon Mulyungi (Mwingi Central, WDM)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Decentralized Funds Accounts Committee on its consideration of the financial statements for the NG-CDF for five constituencies in Vihiga County for financial years 2013/2014, 2014/2015 and 2015/2016, laid on the Table of the House on Tuesday, 13th February 2024. Thank you, Hon. Speaker.

H
Hon. Speaker

Thank you. Chairperson of the Public Accounts Committee.

H
Hon. John Mbadi (Nominated, ODM)

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

H
Hon. Speaker

Thank you. Next Order.

H
Hon. Speaker

We do not have Questions. On Statements, we have Hon. Musa Sirma. is Hon. Otiende Amollo here?

H
Hon. Esther Passaris (Nairobi City County, ODM)

Thank you, Hon. Speaker. Pursuant to Standing Order No. 33 (1) , I rise to seek leave for adjournment of the House to discuss a definite matter of urgent national importance regarding the rising femicide cases in the country. Article 26 of the Constitution provides that every person has a right to life. This right is inalienable and accrues to every person regardless of age, gender, and social sta…

H
Hon. Esther Passaris (Nairobi City County, ODM)

Sadly, there have been increasing cases of femicide and violence targeting women and girls in Kenya, especially in Nairobi County. This is disheartening and goes against the provisions of the law and basic human rights. Femicide is not just a crime but a gendered-crime and a violation of human rights. It is noted that the recent cases of femicide are not isolated incidents but symptoms of a broade…

[(Loud consultations)]

H
Hon. Owen Baya (Kilifi North, UDA)

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 97 (1) , this House orders that each speech in a debate on any Sessional Paper shall be limited as follows: A maximum of two and a half hours, with not more than 20 minutes for the Mover in moving and five minutes for any other Member speaking, including the Hon. Leader of the Majority Party and t…

H
Hon. Owen Baya (Kilifi North, UDA)

the expiry of the time, the Mover shall be called upon to reply; and further that priority in speaking shall be accorded to the Hon. Leader of the Majority Party and the Hon. Leader of the Minority Party, in that order. Hon. Speaker, I would like to ask Hon. Jematiah to second.

H
Hon. Jematiah Sergon (Baringo County, UDA)

Hon. Speaker, I second. Thank you.

H
Hon. Speaker

Order, Hon. Members. Kisii County Women Representative, take your seat.

[(Hon. Dorice Donya stood up in her place)]

[(Question proposed)]

H
Hon. Members

Put the Question. Leah, take your seat. Next Order.

[(Hon. Leah Sankaire stood up in her place)]

[(Question put and agreed to)]

H
Hon. Owen Baya (Kilifi North, UDA)

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 97 (1) , this House orders that each speech in debate on Reports of Constitutional Commissions and Independent Offices be limited as follows: A maximum of four hours with not more than 30 minutes for the Mover in moving and 10 minutes in replying, a maximum of 30 minutes for the Chairperson of the…

H
Hon. Speaker

Who is seconding?

H
Hon. Owen Baya (Kilifi North, UDA)

The Women Representative for Kericho County.

H
Hon. Speaker

Hon. Kemei.

H
Hon. Beatrice Kemei (Kericho County, UDA)

Thank you, Hon. Speaker. I beg to second.

[(Hon. Joseph Makilap consulted loudly)]

H
Hon. Speaker

Order, Hon. Makilap.

H
Hon. Members

Put the Question! Next Order.

[(Question put and agreed to)]

H
Hon. Owen Baya (Kilifi North, UDA)

Hon. Speaker, I beg to move the following Procedural Motion: THAT, pursuant to the provisions of Standing Order 97 (1) , this House orders that each speech in a debate on the Report of the Budget and Appropriations

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

Hon. Speaker, I beg to second.

H
Hon. Speaker

Order, Hon. Members.

H
Hon. Members

Put the Question!

H
Hon. Speaker

Yes, Hon. Milemba.

H
Hon. Omboko Milemba (Emuhaya, ANC)

Thank you, Hon. Speaker. Sorry, Hon. Pukose, I have some input on this Motion. I am not opposed to what has been read and proposed. However, those committees that are charged with the responsibilities of the budget and issues of supply should table their reports in the House early enough so that they are allocated enough time for discussion. I remember that Members passed proposals too fast in the…

H
Hon. Omboko Milemba (Emuhaya, ANC)

Members and the country understand exactly what we are doing. Thank you, Hon. Speaker.

H
Hon. Speaker

Yes, Hon. Oundo.

H
Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

Thank you, Hon. Speaker. I echo the sentiments of my colleague, Hon. Mwalimu Milemba. Hon. Speaker, Parliament is a House of debate. It has been given the task of budget- making. In the last Session, some Members had the tendency of rising under certain Standing Orders to curtail debate to the extent that many new Members of Parliament have not mastered the art, process and stages involved in budg…

[(Question put and agreed to)]

H
Hon. Owen Baya (Kilifi North, UDA)

Hon. Speaker, I would like to encourage Hon. Oundo because we agreed in the morning to follow your guidance on candour and banter. We will go with that to ensure debate flourishes in this Chamber and that both Members and the constituents can see that we are doing what they elected us to do. We promise that this side will not truncate debate. Hon. Speaker, I beg to move the following Motion: THAT…

[(Consideration of Senate amendments to Bills originating in the National Assembly)]

H
Hon. Owen Baya (Kilifi North, UDA)

minutes for any other Member speaking, including the Leader of the Majority Party and the Leader of the Minority Party (if the Bill is not party-sponsored), and that five (5) minutes before the expiry of the time, the Mover shall be called upon to reply; and further that priority in speaking shall be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson…

H
Hon. Junet Mohamed (Suna East, ODM)

Hon. Speaker, I beg to second. I also want to say that because of the interest that is always shown by Hon. Members in debate, sometimes the five minutes is reduced to two or three minutes. I know that it is because of the interest that is shown by many Hon. Members who want to speak on a matter and not because of the Hon. Speaker. Let us see if we can increase the time of debating on such a Bill …

[(Hon. (Dr) Robert Pukose, spoke off record)]

[(Laughter)]

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

Thank you, Hon. Speaker. I just want to remind my colleague, Hon. Oundo, that as much as the House is meant for debate, we have a legislative role that we must also play. A Bill has various stages such as the Second Reading, where we debate it, and the Committee of the whole House when we are supposed to be legislating. We should also understand that, at other times, we rise under Standing Order 9…

H
Hon. John Kiarie (Dagoretti South, UDA)

Hon. Speaker, I truly thank you. I take this opportunity to wish you a happy new year and also congratulate you and the Clerk of the National Assembly for the amazing work that has happened in this Parliament during the recess. I stand to support this Procedural Motion on Limitation of Debate on Consideration of Senate Amendments to Bills originating in the National Assembly because this is one o…

[(Question put and agreed to)]

H
Hon. Speaker

Next Order.

H
Hon. Owen Baya (Kilifi North, UDA)

H
Hon. Speaker, I beg to move

THAT, notwithstanding the provisions of Standing Orders 41 and 42 relating to conveying Messages from the Senate, the President or the National Executive; Standing Orders 120, 122 and 126 relating to publication, procedure upon publication and First Reading of Bills; and Standing Order 210 (2) relating to tabling of statutory instruments, this House orders that during the Short and Long Recesses o…

H
Hon. Junet Mohamed (Suna East, ODM)

As I second, I wanted to bring it to your attention that this Procedural Motion was introduced to this House around 2014 or 2015. I was here. It was to make the work of the Executive easy. As a long-serving Member of Parliament, you know that vetting of appointments never used to happen before the new Constitution came into place. A time arose when appointments were made when we were either on a S…

H
Hon. Junet Mohamed (Suna East, ODM)

The issue of appointments coming through the Speaker and Communication being made on the Floor of the House carries its weight. It is not proper when those documents and Papers are just committed to Committees silently and then we are informed later when we come. In spite of all those lamentations, I second.

[(Laughter)]

H
Hon. Members

Put the question.

H
Hon. Speaker

Hon. Robert Mbui.

H
Hon. Robert Mbui (Kathiani, WDM)

Thank you, Hon. Speaker. I rise to support this Procedural Motion. However, I want to point out one matter in Part IV, the one on the statutory instruments. It is important to note that the regulation-making authorities that make regulations pursuant to the Bills we pass in the House, within the statutory instruments and gazettement, may be imposing charges on the general population. I have notic…

H
Hon Speaker

Yes, Hon. Owen.

H
Hon. Owen Baya (Kilifi North, UDA)

Hon. Speaker, what Hon. Mbui has raised is very important. We saw a flagrant of statutory instruments that were proposed during the long recess. Nobody can make law apart from this Parliament. Having said that, we have a great opportunity to cure this because the Statutory Instruments (Amendment) Bill will be read a First Time today without debate. It is important that these things are captured so…

H
Hon Speaker

Hon. Owen Baya, you are in the leadership. You should advise all Government Departments, Ministries and the statutory bodies that they have no capacity to turn anything into law until and unless it has passed through this House. Even this number (iv) simply says, once it comes here, it still remains a proposal until it is processed through the Committee, brought to the Floor and adopted by the Hou…

H
Hon. Members

Yes.

[(Question put and agreed to)]

H
Hon. Speaker

Next Order.

H
Hon. Owen Baya (Kilifi North, UDA)

Thank you, Hon. Speaker. I beg to move:

H
Hon. Owen Baya (Kilifi North, UDA)

orders that each speech in the general debate contemplated under Standing Order 114(7A)(b) (Consideration of a Legislative Proposal to amend the Constitution) be limited as follows: A maximum of twenty minutes for the Mover in moving and ten minutes in replying, fifteen minutes for the Leader of the Majority Party and the Leader of the Minority Party (if the proposal is not party-sponsored), Mem…

H
Hon. Speaker

Hon. Mutunga.

H
Hon. (Dr) John K. Mutunga (Tigania West, UDA)

Thank you, Hon. Speaker. A Constitution amendment is a very key issue in this country. I believe that the way the time has been apportioned is crucial because it will allow most of the Members to contribute. Therefore, I second.

H
Hon. Members

Put the Question! Hon. Members, before I put the Question, allow me to acknowledge, in the Speakers Gallery, seated in the upper echelon, students from PCEA Mitahato Secondary School, Githunguri Sub-County, Kiambu County. On my behalf and on the behalf of the House, I welcome the students and their teachers to the House of Parliament.

[(Applause)]

H
Hon. Speaker

Next Order.

H
Hon. Temporary Speaker (Hon. Omboko Milemba)

Order, Hon. Members. Let me begin by thanking all those who have contributed and those who wanted to contribute to this Motion of Adjournment, which was key to the emerging issues of femicide in our country. As per our Standing Orders, whenever a Member rises under Standing Order 35 on quorum, the provision of the Chair or Speaker is limited to counting and making sure there is a quorum or not. I…

H
Hon. Temporary Speaker (Hon. Omboko Milemba)

Clerk of the National Assembly Parliament Buildings Nairobi