National Assembly · Afternoon Sitting

Wednesday, 15 February 2023

Session Summary

The Temporary Speaker clarified that the President's memorandum is not a motion, prompting a general debate on its constitutionality, the two‑thirds gender rule, and the establishment of an Office of the Leader of Opposition. Members voiced criticism of procedural lapses, lack of accountability of cabinet secretaries, and the marginalisation of opposition voices, while also urging reforms to achieve gender parity and strengthen parliamentary oversight. Members debated a suite of constitutional amendments, including entrenching the NG‑CDF, NG‑AAF and a Senate Oversight Fund, and allowing Cabinet Secretaries to appear before Parliament to answer questions. The discussion featured criticism of the former Lands Ministry secretary over missing files and highlighted procedural reforms such as gender‑balance requirements and the establishment of an Office of the Leader of Opposition. While there was support for the proposals, the tone was tempered by concerns over past mismanagement and the need for proper motions. Members highlighted the benefits of NG‑CDF projects such as the Kiharu Masomo Bora programme while expressing frustration over delayed disbursements from the Treasury and calling for stronger oversight mechanisms, including a Senate Oversight Fund. The debate also touched on broader constitutional issues like the two‑thirds gender rule, the office of the Leader of the Official Opposition, and the need for a strong state bureaucracy to support democracy and economic growth.

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Hon. Speaker

Serjeant-at-Arms ring the Quorum Bell. Order, Hon. Members. We now have the requisite quorum to transact the business of the House. Hon. Members, take your seats.

[(The Quorum Bell was rung)]

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Hon. Speaker

Hon. Members, take your seats. Pursuant to the provisions of Standing Order 42 (1) , I wish to report to the House that I have received a Message from His Excellency the President regarding the nomination of a person for appointment as the Deputy Governor of the Central Bank of Kenya (CBK) . In the Message, His Excellency the President conveys that in exercise of the powers conferred by Section 13…

[(Members walked in the gangways)]

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Speaker, I beg to lay the following Papers on the Table: A Notification of Presidential Action on the Recognition of the Pemba Community as an Ethnic Community of Kenya. Reports of the Auditor-General and Financial Statements in respect of the following institutions for the year ended 30th June 2021 and the certificates therein:

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Hon. Speaker

Next Order.

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Hon. Gladys Boss (Uasin Gishu County, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House notes the Report of the 61st Session of the Organisation of African, Caribbean and Pacific (ACP) Parliamentary Assembly and the 42nd Session of the ACP-EU (European Union) Joint Parliamentary Assembly, laid on the Table of the House on Wednesday, 30th November 2022.

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Hon. Speaker

Thank you. Next is Hon. Wamuchomba.

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Hon. Gathoni Wamuchomba (Githunguri, UDA)

Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that school uniforms which is a variety of standardised clothing worn by students in educational institutions create homogeneity among students irrespective of their socio-economic status or fashion preference; further aware that school uniforms keep students focused on education not clothes, reducing peer pressure and bullyi…

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Hon. Speaker

Next Order.

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Hon. Speaker

Leader of the Majority Party.

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Hon. Kimani Ichung’wah (Kikuyu, 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 any Sessional Paper shall be limited as follows:- A maximum of two-and-a-half hours, with not more than twenty (20) minutes for the Mover in moving and five (5) minutes for any other Member speaking, including the Leader o…

[(if the Sessional Paper is not moved by the Chairperson of the relevant Committee)]

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Hon. Naomi Waqo (Marsabit County, UDA)

Thank you, Hon. Speaker. I second.

[(Question proposed)]

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Hon. Members

Put the Question!

[(Question put and agreed to)]

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Hon. Speaker

Next Order.

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Hon. Kimani Ichung’wah (Kikuyu, 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 debate on Reports of Constitutional Commissions and Independent Offices be limited as follows: – A maximum of four hours with not more than thirty (30) minutes for the Mover in moving and ten (10) minutes in replying, a maximum of thirty (3…

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Hon. Speaker

Give him the microphone.

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Hon. John Chikati (Tongaren, FORD-K)

Hon. Speaker…

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Hon. Speaker

Wait for the microphone. You are giving microphones to unconcerned Members. Give him the microphone. There you are.

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Hon. John Chikati (Tongaren, FORD-K)

Thank you, Hon. Speaker. I second.

[(Question proposed)]

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Hon. Members

Put the Question!

[(Question put and agreed to)]

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Hon. Speaker

Next Order.

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Hon. Speaker

Leader of the Majority Party.

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Hon. Kimani Ichung’wah (Kikuyu, 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

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Hon. Irene Mayaka (Nominated, ODM)

Thank you, Hon. Speaker, I second.

[(Question proposed)]

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Hon. Members

Put the Question.

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Hon. Speaker

It is the desire of the Members that I put the Question.

[(Question put and agreed to)]

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Hon. Speaker

Leader of the Majority Party.

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Hon. Kimani Ichung’wah (Kikuyu, 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 the general debate contemplated under Standing Order

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Hon. Kimani Ichung’wah (Kikuyu, UDA

146 (Consideration of Senate amendments to Bills originating in the National Assembly) be limited as follows: A maximum of one hour and thirty minutes, with not more than fifteen

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Hon. Speaker

Give the Member the microphone. Give Hon. Adams Korir the microphone. You are giving it to the wrong Member.

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Hon. Adams Korir (Keiyo North, UDA

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

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Hon. Speaker

Thank you, Honourable.

[(Question proposed)]

[(Question put and agreed to)]

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Hon. Kimani Ichung’wah (Kikuyu, UDA

Hon. Speaker, I beg to move the following Procedural Motion: THAT, notwithstanding the provisions of Standing Orders 41 and 42 relating to conveying of Messages from the Senate and from 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 …

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Hon. Beatrice Kemei (Kericho County, UDA)

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

[(Question proposed)]

[(Question put and agreed to)]

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Hon. Speaker

Leader of the Majority Party, there is another Procedural Motion that I approved but is not on the Order Paper. I invite you to move it as well.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Speaker, for your indulgence. I beg to move the following Procedural Motion: THAT, pursuant to the provisions of Standing Order 97 (1) and notwithstanding the resolution of the House made on Wednesday, 15th February 2023 during the morning sitting relating to limitation of debate on Motions, this House further orders that each speech in the debate on the general debate on the prop…

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Hon. Dorice Donya (Kisii County, WDM)

Thank you, Hon. Speaker. I second the Motion.

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Hon Speaker

Next Order.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Speaker. I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 28, this House approves the Calendar of the National Assembly (Regular Sessions) for the Second Session (2023) as contained in the Schedule to the Order Paper. I am doing this on behalf of the House Business Committee. The schedule on page 12 of the Order Paper contains the calendar. As…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

financial year before we come to the second part of the year beginning 6th June when the Cabinet Secretary is expected to come and table his revenue estimates. I do not want to belabour the Calendar. I ask that we support it as we embark on the new year. I request Hon. Opiyo Wandayi, who also sits in the House Business Committee, to second.

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Hon. Opiyo Wandayi (Ugunja, ODM)

Hon. Speaker, I rise to second the Motion. I underscore what has been said by Hon. Kimani Ichung’wah. This is basically a Procedural Motion indicating the timelines for our operations in the House. More importantly, that Calendar provides for recess periods in between that should also be utilised prudently. During the Session we are in, we shall be dealing with budget matters which are already in…

[(Question proposed)]

[(Question put and agreed to)]

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Hon Speaker

Leader of the Majority Party.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Speaker, I beg to move the following Motion: THAT, taking into consideration the recommendations of the Parliamentary Service Commission in its Report on Recruitment of the Parliamentary Service Commissioner who is not a Member of Parliament, laid on the Table of the House on Tuesday, 14th February 2023, and pursuant to the provisions of Article 127 (2) (d) of the Constitution, this House ap…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Having perused this Report, I am satisfied, as I am sure many other Members are, that due process was followed in consideration of the 171 applications and shortlisting of eight qualified applicants whose interviews were conducted by the Commission. Subsequently, the recommendation to the House is contained in that Report to fill that vacancy with Hon. Johnston Muthama. I also confirm that Hon. M…

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The Deputy Speaker

Hon. Josses proceed.

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Hon. Josses Lelmengit (Emgwen, UDA)

Thank you, Hon. Deputy Speaker, for allowing me this chance. My microphone went off and I had to request for an extension of time.

[(Laughter)]

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Hon. Deputy Speaker

Can I put the Question?

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Hon. Opiyo Wandayi (Ugunja, UDA)

On a point of order.

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Hon. Deputy Speaker

What is your point of order, Hon. Opiyo Wandayi? Proceed Leader of the Minority Party. I will only allow one person and that is Hon. Wandayi, if I can pronounce his name right.

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Hon. Opiyo Wandayi (Ugunja, UDA)

Hon. Deputy Speaker, this is such an important Motion that I would wish Members are allowed to contribute to because it concerns their welfare. Before putting the Question, let us be careful about it. This is a critical matter and it only happens once in a term of Parliament perhaps. At the outset, I have no issue with the appointment of Hon. Johnston Muthama to the Commission. He has been our col…

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Hon. Opiyo Wandayi (Ugunja, UDA)

done in a skewed manner. The Commission has condoned, abetted and encouraged tribalism and what have you, in terms of employment, recruitment, remuneration, promotions and others to an extent that the PSC has become like what someone called “An Animal Farm”. There are employees in this Commission who are stuck. They cannot progress and if we look at the reasons, it is where they come from, their n…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

On a point of order, Hon. Deputy Speaker.

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Hon. Deputy Speaker

What is your point of order, Leader of the Majority Party?

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Deputy Speaker. I have tremendous respect for the Leader of the Minority Party. I rise under Standing Order 87 (4) , which states that no Member shall impute improper motive on any other Member or Senator except upon a specific substantive Motion of which at least three days’ notice has been given, calling in question the conduct of that Member or Senator, including Members of the …

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Hon. Opiyo Wandayi

Name them!

[(Loud consultations)]

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Even without naming them, the Hon. Members are already naming them. I want to dissuade Hon. Members from discussing our officers on the basis of their ethnicity. Hon. Deputy Speaker, it is only fair that Hon. Opiyo Wandayi sticks to the facts. I do not want him to name officers, because he has been here since 2013 and we have served with him. He knows the officers. He knows those who are in direct…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Parliament from the communities he has alluded to who have had people employed to serve in the Parliamentary Service and in other state positions. Therefore, I find it extremely and completely out of order for Hon. Opiyo Wandayi to insinuate that there is a community whose members have not been employed to serve in any senior position within Parliament while he knows that it is not true. I wish he…

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Hon. Deputy Speaker

Hon. Member.

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Hon. Opiyo Wandayi (Ugunja, ODM)

I will not pursue that line. If he listened to me very carefully, I said at senior management levels. It all depends on what you perceive “senior management” to mean. All the same, the point is driven home. What I am doing currently is to demonstrate the severity of this issue. I am undertaking my own private special audit in my capacity as the Leader of the Minority Party on the recruitment exerc…

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Hon. Deputy Speaker

Okay. Is it the mood of the House that we put the Question?

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Hon. Members

Yes!

[(Question put and agreed to)]

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Members, the time being 7.03