National Assembly · Morning Sitting

THAT, this House resolves to exempt the business appearing as Order Nos.9, 10, 11 and 12 in today’s Order Paper from the provisions of Standing Order 40 (3) , being a Wednesday morning, a day allocated for business not sponsored by the Majority or Minority Party, or business sponsored by a Committee. I beg to move and ask Hon. Kuria Kimani to second. Thank you.

Hon. Deputy Speaker, as the Majority Party Whip has stated, we have lost a number of days in the course of this week and last week. Therefore, it is important that we prioritise Government Business, and exempt the business appearing today, Wednesday morning, a day allocated for private Members' discussions. Thank you, Hon. Deputy Speaker. I second.

[(Question proposed)]

Put the question!

[(Question put and agreed to)]

(National Assembly Bill No.38 of 2024) THAT, the Senate amendments to the Division of Revenue (Amendment) Bill (National Assembly Bill No. 38 of 2024) be now considered.

On a point of order, Hon. Deputy Speaker.

What is your point of order?

Hon. Deputy Speaker, I was in the House yesterday when…

[(Several Members rose in their places)]

Allow me to finish. Tell them, Hon. Deputy Speaker.

There is a division. We are going to vote. Let him finish.

Hon. Deputy Speaker, I was in the House when we were debating Motion No.9, and it was clear that nobody supported it. I request you to put the question again so that Members can make proper decision on this matter.

Hon. Members, I will put the question again because it seems Members did not understand.

[(Question put and negatived)]

Hon. Deputy Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Orders 28 (4) and 30 (3) (c) , this House resolves to commence the short recess on Tuesday, 22nd October 2024 and hold Sittings on Friday, 18th October 2024, commencing at 9.30 a.m. for the morning sitting and 2.30 p.m. for the afternoon sitting, for purposes of considering priority business…

[(Calendar of the House)]

[(Hours of Meeting)]

There is also the urgency to conclude the following priority business pending in the House before we go for recess; the Sugar Bill, 2022; the Mediated Version of the Water (Amendment) Bill (National Assembly Bill No.33 of 2023); and the Division of Revenue (Amendment) Bill (National Assembly Bill No.38 of 2024) that is going to be referred for mediation going by the voting in the House this mornin…

Thank you, Hon. Deputy Speaker. I rise to second the Motion by the Majority Whip on alteration of the Calendar. I want to cite the mediated version of the Sugar Bill. I am the Co-Chairperson of the Mediation Committee and I wish to lay a Paper this afternoon. Now, that the Majority Whip has put it into consideration, my people are waiting to see the Bill being passed. My absence from the constitue…

[(Question proposed)]

[(Question put and agreed to)]

We can now go back to Order No.7.

There is an Ordinary Question by the Member for Nyandarua, Hon. Faith Gitau, to the National Police Service Commission. You may proceed, Hon. Gitau.

Thank you, Hon. Deputy Speaker. I wish to ask the following Question:

The Question is to be replied by the Departmental Committee on Administration and Internal Security. How much time do you require, Hon. Tongoyo?

Thank you, Hon. Deputy Speaker. Considering that the House is going on recess, possibly in two weeks after we resume.

Thank you. We have a Question by the Member for Mbeere North, Hon. Ruku. He is not here, so we will skip it. He loses the opportunity. The next Question is also by the same Member, Hon. Ruku. In his absence, we shall skip those two questions. We can now go back to statements.

[(Question 135/2024 and Question 136/2024 deferred)]

Hon. Bidu, you can now make your request for a statement.

Hon. Deputy Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the tenure and transfer of the Deputy County Commissioner for Garbatulla in Isiolo South Constituency. Hon. Speaker, the National Government Coordination Act, 2024 provides for a Deputy…

The Statement shall be made by the Departmental Committee on Administration and Internal Security. How much time, Hon. Tongoyo?

Hon. Deputy Speaker, probably, when we come from recess. But with a lot of respect to the rule of the House and the Hon. Member, having listened to what he was saying, this is purely a human resource issue which probably, should not warrant it to be raised as a Statement in the House. This is because the National Government Administrative Officers (NGAO) responsible with the issue of placement and…

I think he has taken note of that. However, because the Member has sought a Statement on it, just put in in the request.

Well guided.

The Committee will make sure it gets the response for you. Hon. Tongoyo, is two weeks okay?

(Off-record) Yes.

Okay. You do not have to wait until we come back from recess. It can be sent to NGAO because Government offices do not go for recess. If you send out the letter today, by the time we come back from recess, your response will be there. You cannot put the country also on recess. Thank you. The next Question is by the Nominated Member, Abubakar Talib.

On a point of order, Hon. Deputy Speaker.

Yes, Hon. Bidu Mohamed?

I have tried four times to go to this office after the transfer.

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

Hon. Pukose, you are out of order. Allow him to proceed.

When can I go? Can I be given an assurance? Hon. Deputy Speaker: Hon. Member, I have already ruled that the Chairperson will send out the letter today or tomorrow, and by the time we come back from recess, there should be a response. So, that issue is sorted. Thank you.

On a point of order, Hon. Deputy Speaker.

What is your point of order, Hon. Raso?

Thank you very much, Hon. Deputy Speaker. I respect your Ruling on this matter. But as the Chairperson has already affirmed, this is a human resource issue, and what Hon. Bidu is saying is that this DCC has overstayed in that area. As a result, the citizens are up in arms complaining. Some things are administrative and they do not have to come to the Floor of the House. But I believe, as a Committ…

also pursue it so that it does not waste the time of the House when it can be done by the Ministry. Thank you, Hon. Deputy Speaker.

Okay, Hon. Raso. That is a point taken. However, let us allow the relevant State Department to do that response to the Member, and not yourselves. You are now acting like the State Department. If the Member wants a response from them, let it be and especially, if it has been pending. Next request for a Statement is by the Nominated Member, Hon. Abubakar Talib.

Thank you, Hon. Deputy Speaker. Pursuant to the provision of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Finance and National Planning regarding the abrupt termination of operation by Directline Assurance Company Limited. Hon. Deputy Speaker, on 10th September 2024, Directline Assurance Company Limited announced the immediate…

Chairperson for the Departmental Committee on Finance and National Planning.

Thank you very much, Hon. Deputy Speaker. At the outset, I would like to thank the Hon. Bidu for bringing this matter to the attention of this House and the Committee. This is a matter of public concern where several people are taking insurance coverage but when it comes to compensation, challenges arise. Hon. Deputy Speaker, without pre-empting what the Committee will do, the situation that has …

challenges that may arise, the insurance policyholders should not be the ones to suffer any loss. Given the short time of recess, in another three weeks, we should come back with a response and hopefully, to the satisfaction of Hon. Bidu. Thank you, Hon. Deputy Speaker.

Next is a request for a Statement by Hon. Joyce Kamene, Member for Machakos County.

Hon. Deputy Speaker, pursuant to the provision of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Social Protection regarding the delays in disbursement of the National Government Affirmative Action Fund (NGAAF) for Machakos County. Hon. Deputy Speaker, NGAAF is a cornerstone for our Government's commitment to inclusive developme…

[[The Deputy Speaker (Hon. Gladys Boss) left the Chair] [The Temporary Speaker (Hon. (Dr) Rachael Nyamai) took the Chair]]

Thank you very much, Hon Kamene. This request for a Statement is referred to the Departmental Committee on Social Protection. Is the Chairperson in the House? In his absence, is the Vice-Chairperson in the

House? Since they are absent, I would like to pass this request for a Statement to the leadership of the House. Hon Osoro, when can Hon. Kamene get a response?

Thank you very much, Hon. Temporary Speaker. I commit to whip the Chairperson of the relevant Committee. With my push, I promise that we will get the answer once we resume from recess. This will be about two weeks from now.

Hon. Kamene, is that acceptable to you? You will get a response within the first week after we come back from recess.

Hon. Temporary Speaker, I wish I can get an answer in the next 24 hours. This is because we are going for recess. These are balances that are within the Headquarters of NGAAF. I will be on the ground doing nothing without even a coordinator. You remember that we had gone for another recess and I had nothing to do on the ground because we did not have these funds. They are available at the NGAAF He…

Hon. Osoro, do you want to respond to Hon Kamene?

Hon. Temporary Speaker, I am just holding brief for the Chairperson. I do not want to make a commitment to Hon Kamene that I will not deliver. Please, allow me to push the Member to respond in two weeks’ time. It is not a very long time, Hon Kamene. When we go for recess, you will find a lot of other engagements with the great people of Machakos County. I am sure you will be very much committed. Y…

On a point of order, Hon. Temporary Speaker.

Before I go back to Hon Kamene, Member for Tiaty, what is out of order?

Hon. Temporary Speaker, while I appreciate Hon. Osoro giving responses on behalf of the Chairperson, I find it difficult to understand his role. He is the Whip of the Majority Party. Leader of the Majority Party was here a few minutes ago. Which role is Hon. Osoro playing in this House?

What is out of order, Hon Kamket?

Which role is he playing? The Leader of the Majority Party was here. It looks like Hon. Osoro is acting as the Leader of the Majority Party. I do not know what is happening here. Can he explain to us what is happening in the leadership of the National Assembly? Are there changes that we do not know? Can we be informed of what is happening?

What is out of order?

We want to know whether there are changes in the leadership because Leader of the Majority Party is here.

There is nothing out of order, Hon. Kamket. I have watched the body language of the Member for Machakos County as she was being engaged by Hon. Osoro. I request for your patience. You will get the answer in two weeks’ time. This will enable you not to get commitments that are impossible, especially when we are on recess. Thank you, Member for Machakos. Hon. Abdul Haro, please, proceed with your r…

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Tourism and Wildlife regarding the increase in wildlife attacks in Mandera County. Over the past five years, Mandera County has witnessed an increase in human-wildlife conflicts. Many residents and their livestock have fallen vic…

Thank you, Member for Mandera South. This request for a Statement is referred to the Departmental Committee on Tourism and Wildlife. Is the Chairperson in the House? In his absence, is the Vice-Chairperson in the House? Let me pass it to the House leadership. Hon. Osoro, it is to the Departmental Committee on Tourism and Wildlife. The question was asked by the Hon. Abdul Haro, Member for Mandera S…

Thank you very much Hon. Temporary Speaker. In the absence of the Chairman and any Member of the Committee, I make an undertaking that the Member will get a response once we resume from recess.

I stand guided, Hon. Temporary Speaker.

Thank you. Next order.

Hon. Temporary Speaker, with your permission, I will read the response.

You have the response? Please proceed.

Yes, on behalf of the Chairperson of the Departmental Committee on Education. The question was the strategies that the Ministry of Education has put in place to ensure that schools adhere to set regulations, including prohibiting tuition during weekends. The Ministry of Education in Kenya has implemented various strategies to ensure that schools adhere to regulations prohibiting tuition during wee…

Three, reporting mechanisms. The Ministry has established reporting mechanisms where parents, students and the public can report cases of schools that violate the ban on tuition to the sub-county field offices. Four, public awareness campaigns. The Ministry has rolled out public awareness campaigns to educate parents and students about the importance of rest for learners and the regulations on tu…

transportation is limited, reducing the burden of long-walking distances or the need for students to use unsafe or expensive alternative means of transport. Seven, transportation safety and capacity regulations. The Ministry in collaboration with NTSA, has implemented stringent rules regarding the capacity and operation of buses. These regulations mandate that school buses must not exceed their p…

Thank you very much. Hon. Donya.

Thank you, Hon. Temporary Speaker. I have just followed along as he was reading. All the things that he has read did not make any sense. He could have answered my request for a Statement with the last point which stated that the Ministry of Education will look into ways of coming up with a transport policy. That could have worked better because there are schools where learners wake up at 3.45 a.m.…

The Member is indicating that she is not satisfied with the response. I give it back to you.

Thank you, Hon. Temporary Speaker. This is the response given by the Principal Secretary. Obviously, we will communicate back to the

Ministry that the Member is not satisfied with the answer. From her follow-up response, she is also indicating that if the Committee needs to know the specific schools which have grievances, we should make a point of indulging her so as to get to know those schools. That is the communication that I will take back to the Committee and by extension, to the Ministry.

Hon. Donya.

If I am not wrong, the Member who was reading the response is a parent. Were you satisfied with what you were presenting?

Member for Kisii, I would like to protect Hon. Haro. First of all, he is reading the response on behalf of the Chairperson of the Committee, who is not in the House. You have indicated that you are not satisfied with the answer because it is on policy. Because everything in this House is on record, I would like you to register your dissatisfaction with the response with the Chairperson of the Comm…

Thank you, Hon. Temporary Speaker, I will definitely pass that message to the Chairperson. To be fair, as soon as we come back from recess, I will communicate to the Chairperson that a follow-up response is required by Hon. Donya.

Thank you. That will be in the first week after we come back from recess. Hon. Members, allow me to give a chance to Hon. Ruku. I am aware of where he was. He was performing very important duties for this country. So, please, go ahead and ask your Questions.

Thank you, Hon. Temporary Speaker, for this chance. I rise to ask two questions to the Teachers Service Commission:

Order, Hon. Ruku. I would like to ask Hon. Abdul Haro to go back to his seat. The Question that is being asked concerns the Departmental Committee on Education, and you have just been speaking on behalf of the Chairperson of the Committee. Please wait. You can listen to this Question and then you can proceed to your next business. Proceed, please.

Thank you, Hon. Temporary Speaker. I also rise to ask two questions to the Public Service Commission:

Thank you very much, Hon. Geoffrey Ruku. The two Questions are referred to the Departmental Committee on Education. I would like to give a chance to the Member for Mandera, Hon. Abdul Haro, to tell us when the questions will be responded to.

Thank you, Hon. Temporary Speaker. I think two weeks after recess would be a good time to respond.

Hon. Ruku, are two weeks after we come back from recess a good time for the matters that you have raised?

Yes, that is enough time. Thank you, Hon. Temporary Speaker.

Thank you. Next Order.

Hon. Komingoi Kibet, please; proceed. Are you a Member of the Committee on Delegated Legislation?

Yes.

Okay. Proceed.

Hon. Temporary Speaker, I wish to present the Report on the inquiry into irregular and illegal grant of tax exemptions to a company under the special operating framework agreement. I will give a summary of the Report and findings of the Committee. This Report presents the findings of the Committee on Delegated Legislation upon inquiry into alleged irregular and illegal tax exemptions granted to M…

Order, Hon. Onchoke. Please, start by moving the Motion as it is in the Order Paper. You can then proceed and tell us what you are telling us now.

Thank you, Hon. Temporary Speaker.

I would like him to be provided with a copy of the Order Paper.

Hon. Temporary Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Committee on Delegated Legislation on the Inquiry into Irregular and Illegal Grant of Tax Exemptions to a Company under the Special Operating Framework Agreement, laid on the Table of the House on Thursday, 26th September 2024. Hon. Temporary Speaker, the inquiry was initiated following a request…

Ministry of Investments, Trade and Industry; the Kenya Association of Manufacturers, and the management of M/s Blue Nile Rolling Mills Limited. Having considered submissions by stakeholders, the Committee made the following findings: That, the Special Operating Framework Agreement dated 18th December 2019 contravened: