National Assembly · Afternoon Sitting

The Member for Mwatate, Hon. Peter Shake. You have a Petition.

Hon. Speaker, I rise to present a public Petition on payment of retirement dues and pensions for retired teachers. I, the undersigned, on behalf of the retired teachers of Mwatate Constituency and other retired teachers across the country, draw the attention of the House to the following: THAT, the Government provides retirement benefits to public officers as part of their terms of service with …

THAT, the provision of retirement benefits to public officers is intended to ensure a smooth transition from active service with employment income to retirement with a certain level of replacement income. This is so that the standard of living for public officers does not change drastically in old age; THAT, the Pensions Act (Cap.189) makes provisions for granting and regulating the payment of pe…

We will take the next Petition then those who of you who will want to make any comment as provided under the Standing Orders, I will allow you. Hon. Charles Ngusya, Member for Mwingi West.

Hon. Speaker, I rise to present a public

Thank you. Next Order.

Hon. Leader of Majority Party.

Sorry, Hon. Speaker. I have been consulting the Member for Bomet East and asking whether he is Mulumulwasi that was at one time referred to.

[(Laughter)]

actual and proper public participation of NG-CDF projects so that you also offer meaningful oversight. Therefore, Hon. Speaker, it was the view of the House Business Committee to change the calendar by that extra one week. That one week will also allow Members a little bit more time to spend time with their families besides constituencies. Both are your families: your families and the constituenc…

The Hon. Speaker...

Order, Hon. Members. You are jumping the gun. You gave a notice of Motion. I will allocate you time tomorrow afternoon so that the actual Motion can be on the Order Paper. The two of you have become too cosy with each other since you were put in the bipartisan talks.

[(Laughter)]

Thank you, Hon. Speaker. I spoke about it and forgot I was not to move the Motion. I was only giving notice.

You gave notice of Motion.

I had actually jumped the gun to tomorrow afternoon.

I will allocate you time tomorrow.

I will also ensure that the Leader of the Minority Party seconds tomorrow.

Excellent. Hon. Members, I will jump Order No.7 and go to Order No.8. Clerks-at-the-Table, call out Order Nos. 8, 9 and 10. Remember today is Question Time. The Cabinet Secretary is already in the Chamber.

Hon. Jane Kagiri, on a point of order.

Hon. Speaker, I stand on a point of order on the constitutionality of the Marriage (Amendment) Bill (National Assembly Bill No.32 of 2023) . I stand on the rostrum of Standing Order 83, read together with Standing Order 47. You have previously ruled that it is in order for us to challenge a Bill at any stage. Hon. Speaker, I am seeking guidance on three issues with regard to this Bill. The first …

[(Applause)]

Thank you, Hon. Kagiri. Let us first do the ritual of First Reading, but I hear you.

(The Bill was read a First Time and referred to the relevant Committee) Yes, Leader of the Minority Party.

Hon. Speaker, we seem to be in a very unique situation here. For the first time since my coming to this House, I have seen an issue being raised over a Bill at the First Reading stage. This is, indeed, unprecedented. However, of course, difficult times sometimes call for extraordinary measures. If I got Hon. Kagiri well, she seems to imply that the Bill offends the Constitution. That would be a v…

Senior Counsel, Hon. Otiende. Short comment please.

Thank you, Hon. Speaker. I am afraid, I agree with the interjection. I was a Member of the Departmental Committee on Justice and Legal Affairs and still I am. I duly considered the Bill. Hon. Masara is my very good friend and we have even discussed this matter, but I am afraid that for reasons stated on the face of the Report, I would agree that the Bill would be unconstitutional. This is an area …

Thank you. Leader of the Majority Party. I will limit debate on this. He will be the last.

Thank you, Hon. Speaker. Let me thank Hon. Jane Kagiri for raising that constitutional matter. From the face of it, it is clear that this Bill will go contrary to the provisions of Article 45 of the Constitution. The other issue that I would have, and probably this may not be the forum, we should do this in the Liaison Committee, is how this Bill even found its way to Plenary. In my considered vi…

I also want to join the Senior Counsel, Hon. Otiende, and I was hoping Hon. Masara would have been here to prevail on him, either to withdraw this Bill or seek your indulgence to amend it to be able to align it to the provisions of the Constitution, and probably, seek to amend Section 66 of the Marriage Act. As Hon. Kagiri has said, it is probable and possible that tomorrow, vulnerable young ladi…

Hon. Murugara, you are the Chairman of the Committee.

Can I say something?

No, you will not. Order. You are functus officio on this matter. The matter will then meet its fate along the way. Order, Hon. Members. Order, Hon. Nguna. Hon. Members, take your seats. Hon. Members, the matter raised by the Woman Representative for Laikipia is, indeed, a very serious constitutional issue. As your Speaker, I have read through Hon. Masara’s Bill. It has found some time and has be…

[(Hon. Charles Nguna consulted loudly)]

[(Several Hon. Members walked into the Chamber)]

[(Loud consultations)]

Hon. Members, it is with profound sorrow that I report to the House, the passing on of one of Kenya’s founding national leaders who was also a long serving Member of the National Assembly, Hon. James Charles Nakhwanga Osogo. The late Hon. Osogo passed away on 15th August 2023 at the age of 91 years at the Aga Khan Hospital, Kisumu where he has been receiving treatment after a series of illness. T…

[(Hon. Members rose to observe a moment of silence)]

I thank you. For the record, Hon. Members, I served with the Hon. Osogo in this House in the 7th Parliament.

[(Applause)]

Thank you, Hon. Speaker, you know I am bereaved so you should give me at least three minutes.

Use your two minutes.

Thank you Hon. Speaker. I join you in condoling with the people of Budalang’i, Busia, Parliament and Kenyans at large. I was saddened to received news of the passing on of Hon. James Charles Nakhwanga Osogo, EGH, our first Member of Parliament of House of Representatives for Ruambwa Constituency, currently Budalang’i Constituency which I represent. That was in 1963 before I was born. He was the la…

Hon. Wanjala.

The last time he was in this House was when you served with him and as you know very well, he co-chaired the Inter-Parties Parliamentary Group (IPPG) with Hon. Achieng’ Oneko which resulted in various constitutional amendments that made some people who came in 1998 to win elections because of those changes. Over the years, even as we differed on political ideologies, our relationship, friendship a…

Thank you, Hon. Wanjala. Hon. Oundo one minute.

Thank you Hon. Speaker. Let me also join the people of Funyula and Bumula constituencies in mourning the demise of Hon. James Osogo. He was the first Member of Parliament for Funyula Constituency together with Budalang’i Constituency known as Ruambwa. When the Senate was abolished in 1966, he

ceased being a Member of Parliament for Funyula Constituency and Senator James Macho became the Member of Parliament. Over the years, whatever political decision we have made, it has been in conjunction with the people of Budalang’i because they are tied together with the people of Funyula Constituency. It is, indeed, the end of an era for such a colossal figure to exit the scene. I believe all t…

Thank you Hon. Members. We will end there because we have the Cabinet Secretary for Tourism, Wildlife and Heritage. Call out Order No.7.

Are you still caucusing on marriage? Hon. Members, we have with us the Cabinet Secretary for Tourism, Wildlife, and Heritage. I want to give you directions as follows: Question 076/2023 by Hon. Gideon Mulyungi, Question 119/2023 by Hon. Taitumu M’anaiba of Igembe, Question 228/2023 by Hon. Kenneth Kazungu of Ganze, Question 322/2023 by Hon. Abdul Haro of Mandera South, Question 323/2023 by Hon. Pa…

Thank you, Hon. Speaker for your indulgence. I beg to ask the Cabinet Secretary for Tourism, Wildlife and Heritage the following Question: Could the Cabinet Secretary–

Cabinet Secretary. The Cabinet Secretary for Tourism, Wildlife and Heritage : Thank you, Hon. Speaker. The budget allocated for maintenance of this road was Ksh37,783,637.65. The road is being maintained under the one per cent Road Maintenance Levy Fund savings accrued after the procurement of the road works under the Financial Year

[(Ms. Peninah Malonza)]

2021/2022. I have attached a copy of the approved work plan for the Financial Year 2021/2022 and the budget for the particular road. On the second question, the tender for maintenance of the road was procured under a competitive open national tender. The tender was advertised on 24th May 2021. After evaluation of the submitted bids, M/s Hedge Limited emerged successful and was awarded the tender …

Hon. Martin, are you satisfied?

No, Hon. Speaker. The reason I asked this Question is I need clarity from the Cabinet Secretary because she has fiduciary responsibility to make sure that there is value for money and wastages are prevented. This is a 19-kilometre long security road for Ruma National Park. When the contractor finished the work, the Constituency Roads Committee, which is my Committee, went round and found five culv…

Cabinet Secretary. The Cabinet Secretary for Tourism, Wildlife and Heritage : Thank you very much, Hon. Speaker. On preventing wastage, as you can see, this tender was awarded some time back in the Financial Year 2021/2022. Therefore, I will carry out an inspection so that I can provide the documents that the Member is asking, especially the ones on scope work that is missing and the inspection …

[(Ms Peninah Malonza)]

Thank you. That Question was very simple. We will leave it there. Let us go to Question 218 by Hon. Richard Kilel, Member for Bomet Central.

Thank you very much.

Hold on, Hon. Richard. What is it Hon. Makali Mulu?

Thank you, Hon. Speaker. We have very many roads in national parks and national reserves. Does the Ministry have internal

capacity or do they rely on the Ministry of Roads, Transport and Public Works for supervision and awarding the roads? The Cabinet Secretary for Tourism, Wildlife and Heritage (Ms. Peninah Malonza): Hon. Speaker, the Ministry has internal capacity to do that job. We have engineers.

Hon. Richard Kilel. Member for Igembe North, did we finish with your Question?

Thank you, Hon. Speaker. Answers provided to this House should be well-thought-out. They should also be comprehensive. I seek your indulgence on one of the answers. The KWS facilitated 182 claims from Igembe North and submitted to the Tharaka-Nithi community wildlife conservation and compensation for payment consideration within the months of January and February. Why was the compensation or consi…

Is that so, Cabinet Secretary? The Cabinet Secretary for Tourism, Wildlife and Heritage : Thank you very much, Hon. Speaker. I give my apologies. It was in Meru County. It was a typing error.

[(Ms. Peninah Malonza)]

Okay. Go ahead and ask your Question, Hon. Richard Kilel. Just hold on again. What is it, Hon. (Dr Nyikal?

Thank you, Hon. Speaker. My Question to the Cabinet Secretary is whether all constituencies with parks are entitled to funds for road maintenance. Seme has Ndere Island, which has a designated park with a road that leads there. It is managed by the KWS. I have never seen any work done on that road in the last 10 years. Has any money been allocated to Seme in the last 10 years? If so, how was it ma…

Have you allocated any money to Seme? The Cabinet Secretary for Tourism, Wildlife and Heritage : Thank you, Hon. Speaker. We have not allocated any money to Seme in the last 10 years.

[(Ms. Peninah Malonza)]

Go ahead, Hon Kilel. Question 218/2023

Hon. Speaker, could the Cabinet Secretary for Tourism, Wildlife and Heritage: