National Assembly · Afternoon Sitting

Wednesday, 19 April 2023

Session Summary

The session opened with procedural business, the introduction of a Tanzanian defence college delegation and a special motion to appoint a chairperson for the Kenya Fish Marketing Authority. The substantive debate centered on a question to the Cabinet Secretary for Environment about forest management, the ban on maize cultivation in commercial plantations (PELIS), and the legal framework governing community participation and forest conservation. The minister provided detailed statistics on forest areas and explained the role of the Kenya Forest Service in regulating non‑residential cultivation. The speaker highlighted Kenya's limited documentation of heat waves and their growing health and livestock impacts, emphasizing the need for greater public awareness and robust early‑warning systems. Recent KMD research identified specific temperature thresholds for Nairobi, Kisumu and Mombasa and called for expanded monitoring, adaptation measures and technologies to mitigate the climate‑change‑heat‑drought nexus, especially in ASAL regions. The speaker outlined the massive backlog of unpaid contractor bills—over Ksh90 billion—and explained how limited budgeting has stalled road projects, prompting negotiations with contractors and requests for concessional financing. He highlighted steps being taken, such as accessing the Annuity Fund, leveraging World Bank and African Development Bank support, and prioritising only funded or emergency projects to revive stalled works. Specific project updates, like the delayed Rongo‑University road, were provided to illustrate the broader challenges and remedial actions.

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Hon. Speaker

Serjeant-at-Arms, you may ring the Quorum Bell. Order, Hon. Members. We now have quorum. Let us have the Leader of the Majority Party.

[(The Quorum Bell was rung)]

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Hon. Owen Baya (Kilifi North, UDA)

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

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Hon. Speaker

Thank you, Deputy Leader of the Majority Party.

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Hon. Speaker

Hon. Members, I will go back to Order No.2. I wish to introduce to you a delegation from the National Defence College of the United Republic of Tanzania. The delegation comprises nine Members from United Republic of Tanzania, both faculty and course Members, one faculty Member from the People’s Republic of China, and four course Members each from the Republic of Malawi, the Republic of Namibia, t…

[(Laughter)]

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Hon. Speaker

Hon. Members you had exhausted debate on this Motion and the Mover had replied.

[(Question put and agreed to)]

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Hon. Speaker

We go back to Order No.7. We have a raft of Questions listed on your Order Paper.

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Hon. Speaker

Hon. Members, today we will have two Cabinet Secretaries: the Cabinet Secretary for Environment, Climate Change and Forestry, Hon. Soipan Tuya, and Hon. Kipchumba Murkomen, Cabinet Secretary for Roads, Transport and Public Works. We will start with Hon. Soipan Tuya who is in the House. Cabinet Secretary, Questions will be asked and you have been in this House so you need no unnecessary tutoring. …

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Hon. Abdul Haro (Mandera South, UDM)

Hon. Speaker, I beg to ask the Cabinet Secretary for Environment, Climate Change and Forestry the following Question:

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Hon. Speaker

Cabinet Secretary, I want you to take less than 10 minutes on this. The Cabinet Secretary for Environment, Climate Change and Forestry : Most obliged, Hon. Speaker. Once, again, this is a very pertinent question in the wake of the climate change crisis. I want to tell Members that climate action is of priority to the Government through the Ministry. The President chairs the African Union Committ…

[(Hon. Soipan Tuya)]

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Hon. Speaker

peruse through the annexure to my response, they will see a tabulation of projected risks and impacts of climate change on human life and the risks appertaining to health, food security and animals. With regard to the issues raised by the Member, in Kenya, like many other Sub-Saharan African countries, extreme heat events and attributed impacts such as emergency room visits, hospitalisation, huma…

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Hon. Speaker

studied in Kenya. However, it is feasible to state that livestock deaths associated with long drought were spurred by extreme heat stress on the animals brought out by heat extremes, high evaporative demand that result in low soil moisture and decreased surface water availability. The need to understand the compounding risk posed by the combined effects of droughts and extreme heat events, especia…

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Hon. Speaker

You have taken too long. The Cabinet Secretary for Environment, Climate Change and Forestry : Hon. Speaker, I am about to finish. There is immediate need or measures to be put into place to cushion Kenya from heat waves; one of which is to support the modernisation of the KMD. This information needs to go out to our hospital managers and medical practitioners to pay particular attention to the e…

[(Hon. Soipan Tuya)]

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Hon. Speaker

Hon. Haro, you are the one who asked the Question. Are you satisfied?

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Hon. Abdul Haro (Mandera South, UDM)

Thank you. I think I am satisfied. Thank you, Hon. Cabinet Secretary…

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Hon. Speaker

Thank you, Hon. Members. If you are satisfied, the story ends there. Cabinet Secretary, thank you very much. I will now release you.

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Hon. Speaker

(The Cabinet Secretary for the Ministry of Environment, Climate Change and Forestry (Hon. Soipan Tuya) left the Chamber) Serjeant-at-Arms, kindly escort the Cabinet Secretary, Ministry of Environment, Climate Change and Forestry and bring in the Cabinet Secretary for Roads and Public Transport. Hon. Members, meanwhile, allow me to acknowledge visitors in the Speaker's Gallery. They are: Taita Mau…

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Hon. Speaker

Hon. Members, the first Question is by Hon. Joyce Kamene. Is she here? She seems to be in. Kindly, ask your Question.

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Hon. Joyce Kamene (Machakos, WDM)

Hon. Speaker, I rise to ask the Cabinet Secretary for Roads and Transport the following Question: Could he outline the measures that the Ministry has put in place to provide for pedestrian footbridges along an approximately two-kilometre stretch of Mombasa Road, especially the crossing at the Hilton Garden Inn and the Syokimau Railway Station/Nairobi Standard Gauge Railway Terminus (SGR) and the …

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Hon. Speaker

Cabinet Secretary you have nine questions and we must be done with you by 6.00 p.m. so, I want you to give us succinct short answers pointed to the questions. There may be supplementary questions that may give you latitude to wander around but give pointed answers to pointed questions. Go ahead and answer the first Question.

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Hon. Speaker

All new roads being constructed will have in place footbridges, cycling paths and footpaths. Under the Kenya Urban Roads Authority (KURA) already 300 kilometres of footpaths have been done. In the last five years, 12 footbridges have been built, eight of them being in Outering Road in Nairobi and others spread in identified locations across Nairobi City. There is a policy to ensure road furniture…

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Hon. Speaker

Hon. Joyce Kamene, are you satisfied? If you are, we move on to the next Question.

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Hon. Joyce Kamene (Machakos County, WDM)

Hon. Speaker, I just want some more clarity because if I can remember very well, public participation was done before the Expressway was started. It was agreed that there was need to have five footbridges because of public safety in the stretch from Mlolongo to Hilton Garden Inn. The most critical one is the footbridge around KAPPA because there are too many industries and residential areas so man…

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Hon. Speaker

Cabinet Secretary. The Cabinet Secretary for Roads and Transport : Hon. Speaker, it is true that during public participation there was request for more than five footbridges but we are working within budgetary constraints. If I got the Member right, she is suggesting there was a request for a footbridge at KAPPA around Nation and Mlolongo area. The truth is that the footbridge in Katani is a few …

[(Hon. Kipchumba Murkomen)]

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Hon. Speaker

Let us go to Question 072/2023. I have a letter from Hon. Paul Abuor nominating Hon. Joyce Kamene to ask the Question on his behalf. Question 072/2023

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Hon. Joyce Kamene (Machakos County, WDM)

Hon. Speaker, on behalf of the Member for Rongo, Hon. Paul Abuor, I beg to ask the Cabinet Secretary for Roads and Transport whether he could:

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Hon. Speaker

Cabinet Secretary. The Cabinet Secretary for Roads and Transport : Hon. Speaker, I beg your indulgence. The Question by Hon. Abuor is similar to other six Questions which are asking one question: to explain why roads have stalled. In the interest of time, for the benefit of Members and for good order, allow me to address the question raised by Hon. John Njuguna, which is like the mother question …

[(Hon. Kipchumba Murkomen)]

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Hon. Speaker

Hold on Cabinet Secretary.

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Hon. Speaker

For purposes of parliamentary record, each Question must be asked. The only thing we can do is that on Questions on stalled roads, if you have answers, Members can specifically ask and then you answer. How many Members have Questions on stalled roads? Let me see. Cabinet Secretary, you may take your seat. Hon. Mulyungi, is your Question on stalled roads? You have Question 77/2023.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

It is a stalled road.

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Hon. Speaker

You may ask the Question and sit to await an answer in combination with the others.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Thank you, Hon. Speaker. I rise to ask Question 78/2023.

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Hon. Speaker

77/2023 or 78/2023?

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Question 77/2023 is not on stalled roads.

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Hon. Speaker

Okay fine.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

It is different.

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Hon. Speaker

Okay.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

The question I want to ask is on stalled project.

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Hon. Speaker

Okay. Please ask Question 78/2023. Question 078/2023

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Hon. Speaker, I rise to ask the Cabinet Secretary for Roads and Transport whether he could:

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Hon. Speaker

You are talking about the same road and bridge…

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

No, Hon. Speaker. I have clarified.

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Hon. Speaker

Okay.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Yes. The construction of the bridge is ongoing, but the road has stalled. Why has it taken such a long period, and could the Cabinet Secretary state when the projects are expected to be completed? Thank you, Hon. Speaker.

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Hon. Speaker

Thank you. Charles Ngusya (CNN) , is your Question also on stalled roads? Question 079/2023

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Hon. Charles Nguna (Mwingi West, WDM)

Yes, Hon. Speaker. I beg to ask the Cabinet Secretary for Roads and Transport whether he could:

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Hon. Speaker

Hon. Peter Masara, is your Question on a stalled road?

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Hon. Peter Masara (Suna East, ODM)

The Question is on stalled Kokendi-Arombe Bridge in Suna West Constituency.

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Hon. Speaker

Okay. It is not a stalled road, right?

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Hon. Peter Masara (Suna East, ODM)

Yes.

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Hon. Speaker

Okay. We will leave it aside. Hon. Gideon Mulyungi.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Hon. Speaker, the other ones are not on stalled roads.

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Hon. Speaker

Clerk, how did you allocate Gideon Mulyungi three Questions in one day? In fact, he has four. So, we will leave out Hon. Gideon’s Question 81/2023 and go to Question 83/2023. Another one for Gideon Mulyungi. Is it on a stalled road?

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

I can answer that, Hon. Speaker. Yes, it is.

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Hon. Speaker

You can answer that.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

The reason I have all these Questions is because I gave them at the beginning of this Session.

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Hon. Speaker

No problem. Just proceed and ask. I did not ask you anything. Question 077/2023

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Hon. Speaker, I beg to ask the Cabinet Secretary for Roads and Transport whether he could:

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Hon. Speaker

Move on to Question 81/2023. Question 081/2023

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Hon. Speaker, I beg to ask the Cabinet Secretary for Roads and Transport whether he could:

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Hon. Speaker

That is slightly different, Hon. Gideon. You can hold on that. Hon. Gideon Mulyungi : Okay. Thank you.

[(Mwingi Central, WDM)]

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Hon. Speaker

Let us move on to Question 83/2023. Ask Question 83/2023. Question 083/2023

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Hon. Speaker, I beg to ask the Cabinet Secretary for Roads and Transport whether he could:

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Hon. Speaker

The last one is by Hon. John. Njuguna, Member for Kiambaa. Question 115/2023

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Hon. Njuguna Kawanjiku (Kiambaa, UDA)

Hon. Speaker, I rise to ask the Cabinet Secretary for Roads and Transport whether he could:

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Hon. Speaker

Cabinet Secretary, from where I sit, I want you to answer all the other Questions, and then you will come to this very broad one by Hon. John Njuguna. It is likely to attract a supplementary from everybody because when he says a list of all stalled roads projects, I am sure every Member has a story to tell about stalled road projects. So, answer all the others and then we will finish with Kawanjik…

[(Hon. Kipchumba Murkomen)]

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Hon. Speaker

Go ahead. The Cabinet Secretary for Roads and Transport : It is like the mother Question is Hon. Njuguna’s Question. I will start with Question 10, and then I will come to the rest. The State Department of Roads, through its three implementing agencies, has an ongoing roads portfolio of over 800 projects with an outstanding cost of approximately Ksh763 billion as at 28th February 2023. I am putt…

[(Hon. Kipchumba Murkomen)]

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Hon. Speaker

pending bills amounting to Ksh35 billion is owing to matters related to land acquisition. The actions we are taking are as follows. In line with the Kenya Kwanza Manifesto, we have committed ourselves to complete all ongoing projects. We are negotiating with contractors. Within the last six months, we were able to secure some amount of money. Given the magnitude of pending bills, this amount was …

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Hon. Speaker

I thank some banks that, as a result of our interventions, they have been kind to contractors because a number of them could easily have lost their properties through auctions. This is because of non-payment of facilities that they have received. The same information will be tabled and each Member of this House will have an opportunity, through your kind Office, Hon. Speaker, to see the projects i…

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Hon. Speaker

M/s Simora Group Limited and commenced on 16th August 2021.The contract sum for Phase II of the Kalisasi-Mumbuni Road (Kalisasi-Ikime section) is Ksh38,172,976.95. The contract for the construction of the 1-kilometre road was awarded to M/s M & J Holding Limited and commenced on 30th September 2022. The contract period for Phase I was 18 months and the works were expected to be completed by16th Fe…

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Hon. Speaker, you stopped me before I asked that Question. So, the Cabinet Secretary is answering before asking. For purposes of the HANSARD…

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Hon. Speaker

Question No.083 on Mwingi Slaughter House Road. That is the one he was answering?

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Yes, Thank you. I have seen it. It is Question No. 81 of 2023.

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Hon. Speaker

He was answering Question No. 83.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

No, he has answered that one.

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Hon. Speaker

Okay.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Yes. Provide a status report on the use of Nairobi Expressway since its inauguration. That is what he was answering.

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Hon. Speaker

Just hold on. He had not reached there. He was answering your Question 083 on Mwingi-Slaughter House Road.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Which he has answered.

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Hon. Speaker

He was answering.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Okay. Let him proceed.

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Hon. Speaker

If you are so far satisfied with the answer, I can stop him there. The Cabinet Secretary for Roads, Transport and Public Works : Hon. Speaker, I have not answered the Question. It would be good for good record to proceed and respond to the Question by the Hon. Member. I sympathise with the situation because I think there was an earlier Question that perhaps he did not really ask for the HANSARD, …

[(Hon. Kipchumba Murkomen)]

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Hon. Speaker

Go on and answer Question No. 83. The Cabinet Secretary for Roads, Transport and Public Works : Hon. Speaker, I will proceed with Question No. 83 The construction of Mwingi-Slaughter House Road was done as part of the project for the construction of upgrading to bitumen standards of 3.7 kilometres KCB-Slaughter House Road in Mwingi, Kitui County, whose employer was the Department of Slum Upgradin…

[(Hon. Kipchumba Murkomen)]

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Hon. Deputy Speaker

: Thank you,

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Hon. Deputy Speaker. I know a number of questions are almost related. A generic answer would have been

‘When the money is available’. First, let me delve into the main question on the Expressway by

[(Applause)]

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Hon. Mulyungi. The traffic status report of the Expressway since inauguration is indicated below

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Hon. Mulyungi. The traffic status report of the Expressway since inauguration is indicated below

to fill the gap. For that reason, if we eliminate this bone of contention, we will build the road between Rironi and Mau Summit. Thankfully, there are other investors who are already coming in. If the current investor is not ready, they are ready to invest in this road, even if it means to carry the burden of not requiring the Government to guarantee the volume of traffic. This conversation is imp…

[[The Deputy Speaker (Hon. Gladys Boss) left the Chair] [The Temporary Speaker (Hon. Martha Wangari) took the Chair)]]

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Hon. Mulyungi. The traffic status report of the Expressway since inauguration is indicated below

On the question by my friend, Hon. Maurice Kakai Bisau, concerning Trans Nzoia County, it is true that we have a big problem there. It is actually a paradox that since the Jubilee Administration came in place in 2013, the inlands of Trans Nzoia and Uasin Gishu counties, which are the bread baskets of our country, were completely ignored. A lot has been done but a lot still needs to be done. I appr…

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The Temporary Speaker (Hon. Martha Wangari)

Hon. Cabinet Secretary, we are getting to a close and we are past our time. So, I will ask that you kindly wind up. The Cabinet Secretary for Roads, Transport and Public Works : I will gladly wind up, Hon. Temporary Speaker. The boda boda motor cycles should not be used on highways. We are not supposed to see them on Kitale-Bungoma Road or Kitale-Eldoret Road, but they are there. We must work wi…

[(Hon. Kipchumba Murkomen)]

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Hon. (Dr) Lilian Gogo (Rangwe, ODM)

On a point of order!

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The Temporary Speaker (Hon. Martha Wangari)

Hon. Gogo, what is your point of order?

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Hon. (Dr.) Lilian Gogo (Rangwe, ODM)

Thank you, Hon. Temporary Speaker. I have heard you mention that the Cabinet Secretary’s time is up. I am afraid when I was called to speak, I had moved out …

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The Temporary Speaker (Hon. Martha Wangari)

Order, Hon. Member! Hon. Members, I realise that there is immense interest on this matter. Hon. Cabinet Secretary, I can see that you will be coming back to this House very soon. However, we will follow our Standing Orders. The Question Time is three hours and we have taken three hours and 25 minutes. This matter will be put to rest. We will release the Cabinet Secretary and his team. The follow-u…

[(Hon. Kipchumba Murkomen)]

[(Hon. Lilian Gogo interjected)]

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The Temporary Speaker (Hon. Martha Wangari)

Hon. Gogo, you are totally out of order! You will not shout at the Speaker across the aisle. You know the Standing Orders. Continue Hon. Cabinet Secretary. The Cabinet Secretary for Roads, Transport and Public Works : Hon. Temporary Speaker, I know it is not within my purview, but having served as a Member of Parliament with you in the Senate, I want to suggest – from the experience of the Quest…

[(Hon. Kipchumba Murkomen)]

[(Applause)]

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The Temporary Speaker (Hon. Martha Wangari)

Thank you, Hon. Cabinet Secretary. Hon. Members, if you may indulge me, it is not very popular to be the one to cut this but I have to because of our Standing Orders. I will release the Cabinet Secretary and his team and revert to our business for the rest of the day.

[(Loud consultations)]

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The Temporary Speaker (Hon. Martha Wangari)

Order, Members. We will go back to our Order Paper. The Special Motion under Order No.8 will be deferred for obvious reasons. consulted with the Clerk-at-the-Table) Order No.8.

[(The Temporary Speaker (Hon. Martha Wangari)]

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The Temporary Speaker (Hon. Martha Wangari)

Order Members, we will defer that business to the next sitting. Next Order!

[(Putting of the Question deferred)]

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The Temporary Speaker (Hon. Martha Wangari)

Chairperson of the Departmental Committee on Justice and Legal Affairs.

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Hon. George Murugara (Tharaka, UDA)

Hon. Temporary Speaker, I beg to move the following Special Motion: THAT, taking into consideration the findings of the Departmental Committee on Justice and Legal Affairs in its Report on the vetting of a nominee for the appointment as the Chairperson of the Ethics and Anti- Corruption Commission, laid on the Table of the House on Tuesday, 18th April 2023 and, pursuant to the provisions of Secti…

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The Temporary Speaker (Hon. Martha Wangari)

Continue, Hon. GG.

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Hon. George Murugara (Tharaka, UDA)

Hon. Temporary Speaker, we held sittings regarding the appointment of Dr. David Oginde as the nominee for appointment as Chairperson of the Ethics and Anti-Corruption Commission. The matter was referred to the Committee by the Hon. Speaker.

[(Hon. Lilian Gogo spoke off the record)]

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Hon. George Murugara (Tharaka, UDA)

Sorry.

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The Temporary Speaker (Hon. Martha Wangari)

Continue, Hon. GG.

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Hon. George Murugara (Tharaka, UDA)

Alright. I will get to it. I am sorry about that. The nominee was referred to this House by His Excellency the President, and the matter was referred to the Departmental Committee on Justice and Legal Affairs by the Hon. Speaker. We held hearings as required by law. Dr. David Adang Oginde appeared before us and we conducted a vetting exercise in the pre-appointment hearing. We have prepared a deta…

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Hon. George Murugara (Tharaka, UDA)

So, having evaluated the suitability of Dr. David Adang Oginde, and having made our observations, we concluded that he is suitable to be appointed as the Chairperson of the EACC. Therefore, I urge this House to agree with our Report and approve Dr. David Adang Oginde as the Chairperson of the EACC. I beg to move and request a distinguished Member…

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Hon. Beatrice Kemei (Kericho County, UDA)

On a point of order, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. Martha Wangari)

Order, Member. What is your point of order, Hon. Beatrice Kemei?

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Hon. Beatrice Kemei (Kericho County, UDA)

Thank you, Hon. Temporary Speaker. I appreciate the Chairperson of the Departmental Committee on Justice and Legal Affairs, who is moving a very important Motion. However, pursuant to Standing Order 35, there is no quorum in the House.

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The Temporary Speaker (Hon. Martha Wangari)

Alright. Hon. Members, I order that the Quorum Bell be rung for 10 minutes.

[(The Quorum Bell was rung)]

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Hon. Temporary Speaker (Hon. Martha Wangari)

Order, Hon. Members. Order, Hon. Njeri, Hon. Muge and Hon. Ferdinand Wanyonyi! The time being 6.30 p.m. This House stands adjourned until Thursday, 20th April 2023 at 2.30 p.m. The House rose at 6.30 p.m.

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Hon. Temporary Speaker (Hon. Martha Wangari)

Published by Clerk of the National Assembly Parliament Buildings Nairobi