National Assembly · Afternoon Sitting

Wednesday, 18 October 2023

Session Summary

Members condemned long‑standing abuses by insurance companies, citing opaque terms, delayed payouts and exploitative practices that have left many Kenyans without compensation. The debate highlighted recent legislative amendments aimed at imposing stricter penalties, improving regulator oversight and ensuring re‑insurance backing, while also calling out rogue lawyers who misappropriate claim funds. Overall, the speakers expressed frustration with the status quo but optimism that the new reforms will enhance consumer protection. Hon. Millie Odhiambo‑Mabona urged the passage of a Bill to create a legal framework for assisted reproduction, highlighting the personal and societal challenges faced by childless couples, including stigma and high costs. She recounted testimonies from fellow MPs and constituents, calling for affordable access, insurance coverage, and clear parentage registration. The speech combined emotional appeal with constructive policy recommendations. Hon. Amos Maina advocated for the amendment Bill that would digitise land records and issue title deeds to public institutions, markets and slum settlements to curb land grabbing and improve planning. He cited examples of encroachment on schools, market congestion, and idle land held by Kenya Railways, urging a progressive policy for regular land allocation. The speaker highlighted the need for transparent, technology‑driven land management to protect long‑term residents and support investment.

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Hon. Speaker

Serjeant-at-Arms, you may continue ringing the Quorum Bell. Order, Hon. Members. We now have quorum to transact business. Let us proceed, leading Clerk-at-the-Table.

[(The Quorum Bell was rung)]

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Hon. Speaker

Chairperson of the Special Funds Account Committee. Leader of the Majority Party, who is the Chairperson of that Committee?

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

The Chairperson of the Special Funds Account Committee is the Member for Migori County, Hon. Fatuma.

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Hon. Speaker

Wapi Mhe. Fatuma? Okay, let us go to the next Order.

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Hon. Speaker

Chairperson of the Special Funds Account Committee. Hon. Wandayi, that is your jurisdiction. Where is the Chairperson of the Special Funds Account Committee?

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Hon. Opiyo Wandayi (Ugunja, ODM)

Hon. Speaker, Hon. Fatuma Mohammed is two minutes away. If you could indulge her so that when she comes in, she may be able to prosecute her business.

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Hon. Speaker

That is obviously guesswork because if she was two minutes away, I would see her in the walkway.

[(Laughter)]

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Hon. Opiyo Wandayi (Ugunja, ODM)

No. I personally met her some few minutes ago. Thanks. Yes, Hon. Irene Mayaka.

[(Hon. Speaker consulted with the leading Clerk-at-the-Table)]

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Hon. Irene Mayaka (Nominated, ODM)

Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that Article 231 (2) of the Constitution mandates the Central Bank of Kenya (CBK) to formulate monetary policy, promote price stability, and to issue currency among other functions; further aware that the National Payments Systems Act provides that the CBK may, by notice in the Gazette, designate a payment instrument if the B…

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Hon. Speaker

We will go back to Order No.5. Chairperson of the Special Funds Accounts Committee. Hon. Fatuma, you have held the House at ransom. You know very well that when you have business on the Floor, the Speaker should find you in the Chamber. We have called out your orders twice. Your leader, the distinguished Leader of the Minority Party, was constrained to mislead the House that you were two minutes a…

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Hon. Fatuma Mohammed (Migori County, Independent)

Thank you, Hon. Speaker. I am very sorry for the delay. I had a terrible toothache, which I have just dealt with. I might sound a bit funny. That is why I delayed. I am very sorry, Hon. Speaker. I apologise to the House at large.

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Hon. Speaker

Go ahead.

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Hon. Fatuma Mohammed (Migori County, Independent)

Hon. Speaker, I beg to lay the following Paper on the Table: Fourth Report of the Special Funds Accounts Committee on its consideration of the reports of the Auditor-General on the Financial Statements for the Kenya Slum Upgrading Low-Cost Housing and Infrastructure Trust Fund for the financial years 2017/2018 to 2021/2022, and the Alcoholic Drinks Control Fund for the Financial Year 2017/2018.

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Hon. Speaker

Proceed to give notice of Motion under Order No.6.

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Hon. Fatuma Mohammed (Migori County, Independent)

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

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Hon. Speaker

Next Order. Member for Lamu East, Ruweida Obo.

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Hon. Speaker

Order, Hon. Members. I now put the Question on Order No.8.

[(Question put and agreed to)]

[(The Bill was read a Second Time and committed to a Committee of the whole House)]

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Hon. Speaker

Before the next order, allow me to acknowledge, in the Speaker’s Gallery, leaders of Egerton University Students Association, from Matungu Constituency, Kakamega County. Hon. Members, on your behalf and my own behalf, I welcome them to the House of Parliament.

[(Applause)]

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Hon. Speaker

Hon. Members, I will now put the question at Order No.9. Next Order.

[(Question put and agreed to)]

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Hon. Speaker

Hon. Members, I want to re-arrange the Order Paper. I have been advised by the Deputy Speaker that the Bill at Order No.12 was almost concluded. We need just one or two Members to contribute then we close the Second Reading. Instead of opening up a new order, we can conclude that one first. Was it replied to? Leading Clerk-at-the-Table, call out Order No.12. If there are no contributors on that O…

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

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Hon. Speaker

Was any Member on the Floor? Is Hon. Rashid Bedzimba in the House? There being no further interest, I call upon the Mover to reply.

[(A Member spoke off the record)]

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

Thank you, Hon. Speaker. I thank the Members who contributed to this Bill and for the sentiments that were put forward based on

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

the public participation Report in amending certain sections. Members talked about the difference between pharmacists and pharmaceutical technologists. There was also an issue on drugs. They suggested that veterinary drugs and human medicines should be under the Kenya Drugs Authority. Drugs for animals and humans are basically the same. We need to control them. These are good amendments that the C…

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Hon. Speaker

Have you concluded?

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

Yes, Hon. Speaker.

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Hon. Speaker

Hon. Members, I am satisfied that there is quorum to warrant the Question to be put. Let us go back to Order No.11.

[(Question put and agreed to)]

[(The Bill was read a Second Time and committed to a Committee of the whole House)]

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The Temporary Speaker (Hon. Peter Kaluma)

Is this the one in which the Mover requested permission of the House to be away? Stand it down. Call out the next Order.

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Hon. Millie Odhiambo-Mabona (Suba North)

Hon. Temporary Speaker, I beg to move that the Assisted Reproductive Technology Bill (National Assembly Bill No.61 of 2022) be now read a Second Time. Just for correction, I have noticed that the Order Paper indicates that it is an amendment Bill. It is not an amendment Bill. This Bill seeks to provide for the regulation of assisted reproductive technology to prohibit certain practices in connect…

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Hon. Millie Odhiambo-Mabona (Suba North)

Hon. Temporary Speaker, the reason I am saying it is erroneous that this is brought as an amendment Bill is because there is no legal framework on assisted reproduction in this country. What that means is that people are free to undertake assisted reproduction because it is also not prohibited. There is no law against it and there is no law for it. What we are doing, therefore, is to provide a fra…

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Hon. Millie Odhiambo-Mabona (Suba North)

gift. Things like that do not concern me. However, I have talked to people at individual levels. People go through depression. People’s lives are destroyed just because they do not have children. What this Bill seeks to do is to help people who are having those challenges. I thank the Departmental Committee on Health. I can see the Chairman was here much earlier. I am sure he will make his presen…

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Hon. Millie Odhiambo-Mabona (Suba North)

For those of us who were with the Departmental Committee on Health, we saw the challenges they go through. This Bill makes it easier for them to have children. Of course, the Bill talks about the issue of commercialisation. Do we commercialise or not? Many people were persuaded towards adequate compensation, but not commercialisation and also to ensure that anybody who is a surrogate mother is ta…

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The Temporary Speaker (Hon. Peter Kaluma)

Who is seconding?

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Hon. Millie Odhiambo-Mabona (Suba North, ODM)

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Beatrice Elachi, before you second, let me compliment the Mover for very passionately moving this Bill. The Bill is not well understood. I wish the House was full as you moved the Bill, with all 350 Members

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The Temporary Speaker (Hon. Peter Kaluma)

present, including the Speaker. Members would have been properly informed as they contribute. I also thank you for clarifying that intersex persons are not part of the LGBTQ. The LGBTQ like adding the letter “I” to their moniker to represent intersex persons. Even in the matter before the Supreme Court, which gave rise to the infamous ruling, intersex persons were on the other side saying that th…

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Hon. Beatrice Elachi (Dagoretti North, ODM)

Thank you, Hon. Temporary Speaker. I also want to thank my senior who has really taught us a lesson that you must be very persistent in what you push. I thank God for the grace she has always had when dealing with this matter. As I second, I want to say that parenthood is one of the most remarkable things or transformations that men and women go through. However, if there is something that also b…

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Hon. Beatrice Elachi (Dagoretti North, ODM)

the child, it will be very difficult for you to say this is your baby. We have no regulations. It becomes very difficult.

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The Temporary Speaker (Hon. Peter Kaluma)

Order, Hon. Elachi! When this matter will be scheduled for deliberations before the House in future, you will have six additional minutes to second the Bill. It should be five because I interrupted you. I am saying it will be six according to what I am seeing.

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The Temporary Speaker (Hon. Peter Kaluma)

Order, Hon. Members! The time being