National Assembly · Morning Sitting

Wednesday, 19 June 2024

Session Summary

Hon. Kuria Kimani presented amendments to the VAT Act aimed at zero‑rating essential goods such as bread, sugarcane transport, locally assembled phones and sanitary products, while proposing exemptions for small farmers and micro‑enterprises from electronic invoicing requirements. He also advocated for an Eco‑Levy on manufacturers to fund e‑waste recycling and an Export and Investment Provision Levy to protect local manufacturers from cheap imports and boost the sector’s contribution to GDP. The overall tone was constructive, emphasizing support for Kenyan manufacturing and fiscal measures to safeguard the economy. Members debated recent budget allocations, questioning the Ksh500 million added to the NG‑CDF and extra funds for women representatives and constituencies, while urging transparency on how the money will be used. The discussion highlighted proposals to raise excise duties on fully assembled imported motorcycles and on imported table eggs to protect local manufacturers and farmers, alongside calls to expand the tax base without over‑burdening citizens. Procedural interruptions and points of order reflected underlying tensions between parties. Hon. Zamzam questioned a purported tax on cancer patients and was asked to cite the specific clause in the Finance Bill, leading to a series of points of order about the accuracy of his statements. The Speaker repeatedly warned members to observe decorum and reminded them of Standing Order 91, while Hon. John Kiarie and Hon. Millie Odhiambo‑Mabona contested the limits on debate and alleged misinformation. The exchange highlighted tension between substantive scrutiny of the Bill and procedural enforcement of parliamentary rules.

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Hon. Speaker

Hon. Members, we have quorum to transact business. Clerk-at-the- Table.

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Hon. Speaker

Hon. Mark Mwenje. His Petition is stayed to next week. Next Order.

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Hon. Speaker

Leader of the Majority Party.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Speaker, I beg to lay the following Paper on the Table: Reports of the Auditor-General and financial statements for the year ended 30th June 2023 and the certificates therein in respect of –

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Hon. Speaker

Next Order.

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Hon. Speaker

Hon. Joseph Namuar, Member for Turkana Central. Is he in the House? Hon. Lillian Siyoi, Member for Trans Nzoia County. Hon. Fatuma Masito, you may raise your question to the Departmental Committee on Labour.

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Hon. Fatuma Masito (Kwale County, ODM)

Hon. 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 Labour regarding the unfair labour practices by Diamond Leisure Lodge Beach and Golf Resort formerly known as Leisure Beach and Golf Resort. Article 41 (1) of the Constitution provides that every person has the right to fair labour practic…

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Hon. Speaker

The Chairperson of the Departmental Committee on Labour, Hon. Karemba? Is any Member of the Committee here? Leader of the Majority Party, bring the response in two weeks.

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Hon. Owen Baya (Kilifi North, UDA)

Much obliged.

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Hon. Speaker

Hon. Mary Emaase, Member for Teso South.

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Hon. Mary Emaase (Teso South, UDA)

Hon. Speaker, pursuant to Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Social Protection regarding Delayed Remittance of Pension to Pensioners of the Kenya Broadcasting Corporation. The Kenya Broadcasting Corporation established the Kenya Broadcasting Corporation Staff Retirement Benefit Scheme under Defined Benefit Scheme in …

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Hon. Mary Emaase (Teso South, UDA)

scheme, the total unremitted contributions without interest stood at Ksh1,646,696,274 as at December 2023. (Technical hitch)

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Hon. Speaker

Try the microphone next to you.

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Hon. Mary Emaase (Teso South, UDA)

Additionally, in 2018, the Court in the Employment and Labour Relations Court (ELRC) Case No.1352, KBC versus Kenya Broadcasting Corporation, ruled in favour of the Pension Scheme.

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Hon. Speaker

Hold on, Hon. Mary. Clerk, what is happening? Give her the microphone again. Can you try that one now?

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Hon. Mary Emaase (Teso South, UDA)

The National Treasury through its Circular No.13 of 2023, directed all State corporations to budget and honour their staff pension obligations, including the arrears. It is unfortunate that the Kenya Broadcasting Corporation has continued to contravene the said directive. The inordinate delay in remittance of the pension to the pension scheme has caused anguish and financial distress to the affect…

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Hon. Speaker

Chairperson of the Departmental Committee on Social Protection? He seems not to be in. I direct the Leader of the Majority Party to bring a response in two weeks.

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Hon. Owen Baya (Kilifi North, UDA)

Much obliged.

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Hon. Speaker

Is Hon. Joseph Namuar in the House? He seems not. Question stayed to next week. Hon. Lillian Siyoi? Question stayed to next week. I will indulge Hon. Mark Mwenje. Let us go back to Order 4. Hon. Mwenje, go ahead. I can see that your Petition is very long. Try to go through it quickly.

[(Request for statements by Hon. Joseph Emathe and Hon. Lillian Siyoi deferred)]

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Hon. Mark Mwenje (Embakasi West, JP)

Thank you, Hon. Speaker, for your indulgence.

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Hon. Speaker

Hon. Mwenje, common decency requires that you apologise to the House for coming late.

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Hon. Mark Mwenje (Embakasi West, JP)

Thank you, Hon. Speaker. I apologise for coming late. I had rushed to the Table Office to correct the same. I, the undersigned, on behalf of the residents of Embakasi West Constituency, who are the members of Amani Self-Help Group, draw the attention of the House to the following: THAT, the undersigned Members and their families have been residing in Mowlem area Kangundo Road in Embakasi West Con…

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Hon. Speaker

Thank you, Hon. Mark Mwenje. We will commit the Petition to the Public Petitions Committee. It is required to report back in 60 days. Is Hon. Nimrod or the Vice-Chairman here? Yes, Hon. Janet. Will you report back in 60 days? Hon. Siyoi and Hon. Namuar, I already directed that your Statements be pushed to next week. However, on your intervention, I direct them to be in the Order Paper tomorrow at…

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Hon. Owen Baya (Kilifi North, UDA)

I beg to move the following Motion: THAT, this House resolves to exempt the business appearing as Order No. 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 a Committee. If you look at Order 12 on the Finance Bill, the nation is waiting for debate on this matter. As yo…

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Hon. Speaker

Say that you beg to move.

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Hon. Owen Baya (Kilifi North, UDA)

I beg to move and request Hon. Osoro to second. You can only say “I second” if you want.

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Hon. Speaker

Hon. Osoro.

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Hon. Silvanus Osoro (South Mugirango, UDA)

Thank you very much, Hon. Speaker. Indeed, we have a lot on our tray this week and early next week. For that reason, I second.

[(Question proposed)]

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Hon. Speaker

Do I put the question?

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Hon. Members

Yes. Next Order.

[(Question put and agreed to)]

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Hon. Speaker

Order, Hon. Members on their feet. Take your seats. Take the nearest seat.

[(Question put and agreed to)]

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

[(Hon. Peter Kaluma stood in his place)]

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Hon. Speaker

Order, Hon. Kaluma. You sit on this Chair. You know very well that it must be contemporaneous with the decision by the Speaker if you want to call Division. You know you have failed in your attempt to lobby for support. Go ahead. Hon. Kajwang’ you have a second bite at this Bill at the Committee Stage. It is entirely up to you. The Speaker has no dog in this fight. Next Order. First Reading

[(Hon. TJ Kajwang’ spoke off the record)]

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Hon. Speaker

Hon. Naisula, I want to stand down your Bill. I know it has a balance of 33 minutes. Because of the importance of Order No.12 and the direction I gave yesterday, you should indulge the House as well. I direct that your Bill be given priority on Wednesday next week.

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Hon. Naisula Lesuuda (Samburu West, KANU)

Much obliged, Hon. Speaker.

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Hon. Speaker

I am sorry, but you heard my direction yesterday. You have also passed a Motion to exempt this morning from the kind of business like your Bill.

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Hon. Naisula Lesuuda (Samburu West, KANU)

Well directed.

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Hon. Speaker

Next Order.

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Hon. Didmus Barasa (Kimilili, UDA)

who speak for Kenyans are in Government like me. When you speak, the country bleeds. When I do it, it listens. I thank you, Hon. Speaker. I support the Bill.

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Hon. Speaker

Commissioner Makau.

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Hon. Patrick Makau (Mavoko, WDM)

Thank you, Hon. Speaker. At the outset, thank you for giving me this chance to voice my sentiments on this Bill.

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Hon. (Eng) Paul Nzengu (Mwingi North, WDM)

On a point of order, Hon. Speaker.

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Hon. Speaker

Hon. Nzengu, what is your point of order? Which Standing Order is it under?

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Hon. (Eng) Paul Nzengu (Mwingi North, WDM)

I rise under Standing Order 1.

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Hon. Speaker

It is not available to you. That is for the Hon. Speaker.

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Hon. (Eng) Paul Nzengu (Mwingi North, WDM)

I seek your guidance, Hon. Speaker. Looking at the interest of Members, I implore you to allow the cards not to be removed over the lunch hour so that we can continue in the afternoon. Thank you, Hon. Speaker.

[(Laughter)]

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Hon. Speaker

Is it for you not to lose your slots?

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Hon. Members

Yes.

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Hon. Speaker

That is a fair request. The Serjeant-at-Arms will guard the House. If your cards are left in the slots, they will be safe. Hon. Patrick, proceed.

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Hon. Patrick Makau (Mavoko, WDM)

Thank you, Hon. Speaker. I will restrict myself to the Finance Bill 2024. When I was going through this Bill, I was very optimistic. I had thought that this Government would redeem itself, given that Kenyans underwent serious suffering resulting from the proceeds of the 2023 Bill. When I looked at this Bill, I wondered. I am listening to Members who claim to be from the sugar-farming areas. I com…

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Hon. Patrick Makau (Mavoko, WDM)

I am also concerned about the proposal protecting some investors. I come from a constituency which hosts all the cement factories. It is true that there is only one supplier of billets. This Bill proposes a 17.5 per cent tax. That means that they were going to protect the monopoly of that investor so that no other manufacturer would find a place in the market. I agree with Members that this count…

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Hon. Speaker

Hon. Members, you may be upstanding. It is now 1.00 p.m. The House stands adjourned until this afternoon at 2.30 p.m. The House rose at 1.00 p.m.

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Hon. Speaker

Published by Clerk of the National Assembly Parliament Buildings Nairobi