National Assembly · Afternoon Sitting

Wednesday, 1 March 2023

Session Summary

Members raised concerns about restricted access to the Continental House, prompting the Chairperson of Development Issues to assure that the gate will be reopened with security staff. The House then proceeded to the second reading of the Supplementary Appropriation Bill, with members emphasizing the need to prioritize production, especially across the agricultural value chain, and to invest in infrastructure to support economic growth. Members debated the high cost of electricity, emphasizing demand‑side growth and comparing Kenya's capacity to other countries, and argued for a debt benchmark tied to GDP rather than a fixed ceiling, noting recent reductions in the fiscal deficit. The Speaker then guided the House through procedural matters concerning amendments to the Supplementary Appropriation Bill, including fund reallocations and clarification of clause changes. The sitting focused on procedural business, including the laying of papers and motions to approve the appointment of Hon. Shadrack John Mose as Solicitor‑General and to note the Kenya delegation’s report to the Pan‑African Parliament. A serious concern was raised by Hon. Njeri Maina regarding the alleged murder of two brothers by members of the Nyumba Kumi initiative, prompting a request for a statement from the relevant committee. The session also featured procedural exchanges about questions for the Cabinet Secretary for Education.

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Hon. Speaker

Hon. Members, we have quorum to transact business. Order, Hon. Members! There are about three or four petitions that are approved to be delivered on the Floor. Clerk, where are they? Okay, go on. Next Order!

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Hon. Silvanus Osoro (South Mugirango, UDA)

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

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Hon. Speaker

Member for Nairobi on behalf of the delegation to the Pan-African Parliament, Hon. Esther Passaris.

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Hon. Esther Passaris (Nairobi City County, ODM)

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

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Hon. Speaker

The Chairperson of the Departmental Committee on Justice and Legal Affairs.

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Hon. George Murugara (Tharaka, UDA)

Thank you very much, Hon. Speaker. Allow me to lay the following Paper on the Table: Report of the Departmental Committee on Justice and Legal Affairs on the Vetting of a Nominee for appointment as the Solicitor-General of the Republic of Kenya. Thank you, Hon. Speaker.

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Hon. Speaker

Next Order!

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Hon. Speaker

Hon. Esther Passaris.

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Hon. Esther Passaris (Nairobi City County, ODM)

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House notes the Report of the Kenya Delegation to Pan- African Parliament (PAP) on the proceedings of the First Ordinary Session of the 6th Parliament laid on the Table of the House on Wednesday, 1st March 2023.

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Hon. Speaker

Hon. Murugara.

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Hon. George Murugara (Tharaka, UDA)

Hon. Speaker, I beg to give notice of the following 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 Solicitor-General of the Republic of Kenya laid on the Table of the House on Wednesday, 1st March 2023 and pursuant to the provisions of Section 9 of the Office of th…

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Hon. Speaker

Is Hon. Mwalyo in the House? I had approved your Motion of Adjournment. Are you ready to move it? You know what to do. I will go to the next Order and then come back to you as soon as we are done.

[(Hon. Joshua Mwalyo consulted the Clerks-at-the Table)]

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Hon. Speaker

Liaise with the Clerks-at-the Table. When you send documents to Hon. Speaker, you should retain your copies.

[(Laughter)]

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Hon. Speaker

The Member for Kirinyaga, Hon. Jane Njeri Maina.

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Hon. Njeri Maina (Kirinyaga County, UDA)

Hon. 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 Affairs regarding the alleged murder by Nyumba Kumi officials in Gategi area in Kirinyaga County. The national Government, through the Executive Order of 2013, introduced the Nyumba Kumi Initiative to institution…

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Hon. Speaker

The Chairperson, Departmental Committee on Administration and Internal Affairs, should pick that up.

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Hon. Speaker

Hon. Gideon Mulyungi, you have a Question.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Hon. Speaker, I beg to move the following Motion…

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Hon. Speaker

You are not moving anything, but you are asking a Question.

[(Laughter)]

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

I have a Motion.

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Hon. Speaker

I have called you to ask a Question.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

I also have a Motion.

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Hon. Speaker

Order, Hon. Mulyungi. If you are following the proceedings, we have already finished moving Motions and giving notices of Motions. We are on Questions. I have called you because you have a Question for the Cabinet Secretary for Education.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Yes, I have a Question. Thank you, Hon. Speaker, for your guidance.

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Hon. Gideon Mulyungi (Mwingi Central, WDM)

Hon. Speaker, I would like to ask the Cabinet Secretary for Education:

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Hon. Speaker

Chairman, Departmental Committee on Education. This is a Question by Private Notice. So, an answer should be brought as quickly as it is practically possible. If possible, it should be brought tomorrow or Tuesday. Who is the Chair? Where is Hon. Melly? Is there any Member of the Committee?

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Hon. Rebecca Tonkei (Narok County, UDA)

Yes.

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Hon. Speaker

Mama Tonkei, inform your Chair to bring the answer on Tuesday. Hon. Peter Nabulindo.

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Hon. Peter Nabulindo (Matungu, ODM)

Hon. Speaker, I beg to ask the Cabinet Secretary for Agriculture and Livestock Development the following Question:

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Hon. Speaker

Is the Chairperson of the Departmental Committee on Agriculture and Livestock in the House? Convey that to the Chair. Member for Kiambu, Hon. Machua Waithaka. Is there a constituency called Kiambu? Member for Kiambu Town, Machua Waithaka. Question 5/2023

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Hon. John Waithaka (Kiambu Town, UDA)

Thank you, Hon. Speaker for giving me this opportunity. Hon. Speaker, I beg to ask the Cabinet Secretary for Roads and Transport the following Questions:

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Hon. Speaker

That Question goes to the Chairperson, Departmental Committee on Transport and Infrastructure. Is the Chairperson in the House? Any Member of the Committee, communicate to your Chair. Member for Tharaka, Hon. George Murugara. Question 6/2023

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Hon. George Murugara (Tharaka, UDA)

Thank you very much, Hon. Speaker. Hon. Speaker, allow me to ask Question No.6 of 2023 to the Teachers Service Commission the following Question:

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Hon. Speaker

The Chairperson, Departmental Committee on Education, or any other member thereof inform Ms Tonkei. Member for Emuhaya, Hon. Omboko Milemba. Question 7/2023

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Hon. Omboko Milemba (Emuhaya, ANC)

Thank you, Hon. Speaker. I rise to ask the Cabinet Secretary for Education the following Question:

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Hon. Speaker

The Chairperson, Departmental Committee on Education. Any Member thereof, inform your Chairperson. Next is Member for Mwingi North, Hon. Paul Nzengu. Question 8/2023

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Hon. Paul Nzengu (Mwingi North, WDM)

Hon. Speaker, I rise to ask the following Question No.8 of 2023 to the Cabinet Secretary for Road and Transport:

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Hon. Speaker

Chairperson for the Departmental Committee on Transport and Infrastructure. Any Member thereof inform your Chair of the Question. Next is the Member for Teso North, Hon. Oku Kaunya. Question 9/2023

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Hon. Speaker

The Question has been dropped. We go back to Hon. Mwalyo.

[(Question 9/2023 dropped)]

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Hon. Speaker

Do you have the requisite support by 20 Members?

[(Several Hon. Members stood in their places)]

[(Loud consultations)]

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Hon. Speaker

Chairperson, Budget and Appropriations Committee.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Hon. Speaker, I beg to move the following Procedural Motion: THAT, pursuant to the provisions of Standing Order 120, this House resolves to reduce the publication period of the Supplementary Appropriation Bill (National Assembly Bill No. 4 of 2023) from seven days to one day. The reason for this is that yesterday, we extensively debated the Supplementary Estimates. We will also have an opportunit…

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Hon. Samuel Atandi (Alego Usonga, ODM)

Thank you, Hon. Speaker. I beg to second. To add to what the Chairperson of the Budget and Appropriations Committee has said, we have about three months before the end of this financial year. We have already started discussing the Budget Policy Statement (BPS) . We first of all need to clear the Supplementary Budget before we can focus on the BPS. Secondly, you are aware that the country is faci…

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Hon. Speaker

Order, Hon. Members.

[(Question proposed)]

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Hon. Members

Put the Question!

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Hon. Speaker

There being no interest in debating this, I will put the Question. Next Order. Yes, Hon. (Dr) Nyikal. What is your point of order?

[(Question put and agreed to)]

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Hon. (Dr) James Nyikal (Seme, ODM)

Thank you, Hon. Speaker, for giving me this opportunity. I would like to raise a matter which I believe is important to this House. We have no access to the Continental House offices from the main Parliament Buildings. The routes which we used to go through the Police Station and County Hall are now restricted. Members have to go all the way to Professional Centre and yet, it looks to me like the …

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Hon. (Dr) James Nyikal (Seme, ODM)

Thank you, Hon. Speaker.

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Hon. Speaker

Is Hon. Patrick Makau in the House? I direct you as the Chairperson of development issues in the Parliamentary Service Commission to ensure that Members are not inconvenienced while going to their offices, to the gym and to Continental House.

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Hon. Patrick Makau (Mavoko, WDM)

Thank you, Hon. Speaker. I am quite sorry. I have just received the same complaints from Hon. Wangwe this afternoon. I spoke to the security manager of the institution and we have agreed that there was a security hitch yesterday and that is why the route through the Police Station was locked. We have agreed this afternoon that the gate that we previously used to go to Continental House will be ope…

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Hon. Speaker

Thank you. Next Order.

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Hon. Speaker

Next Order. Second Reading

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Hon. Speaker

Hon. Members, I have some guidance from the Chair in relation to proposed amendments to the Bill. Hon. Members, before the House proceeds to the next Order, which is the consideration of the Supplementary Appropriation Bill, National Assembly Bill No. 4 of 2023, in the Committee of the whole House, I wish to offer the following guidance with respect to amendments proposed by Members and the appli…

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Hon. Speaker

Hon. Members, I have received notices of proposed amendments from the Chairperson of the Budget and Appropriations Committee, the Hon. Ndindi Nyoro; and from Hon. Patrick King’ola, on behalf of the Parliamentary Service Commission, for consideration during the Committee of the whole House on the Supplementary Appropriation Bill, 2023. As you are aware, Article 114 (2) of the Constitution provides…

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Hon. Speaker

The Temporary Chairperson (Hon. Omboko Milemba): There is an amendment. Hon. Chairperson, proceed.

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Hon. Ndindi Nyoro (Kiharu, UDA)

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Hon. Temporary Chairperson, I beg to move

THAT, the Bill be amended by deleting Clause 2 and substituting therefor the following new Clause—

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Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

Hon. Temporary Chairperson, I hope the Chairperson of Committee on Budget and Appropriations Committee is listening. The Temporary Chairperson : Hon. Oundo, he is listening. He is a very keen person.

[(Hon. Omboko Milemba)]

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Hon. (Dr) Ojiambo Oundo (Funyula, ODM)

I think the Chairperson is not being very clear. The original published Bill talks of a Vote of a figure of Ksh200,529,733,488 and I would imagine for the benefit of new Members, the amendment that is being done in Clause 2 is to change the figures published in the Bill to a new figure of Ksh200,729,723,488. The question I need to ask is: what has informed the change and where has the extra amount…

[(Hon. Omboko Milemba)]

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Hon. Ndindi Nyoro (Kiharu, UDA)

Thank you Hon. Hon. Temporary Chairperson. I did not want to jump the gun but if you look at the second amendment you will see that the same Ksh100million up there is the same net effect down there. The figure is from Ksh491 million to Ksh591 million and therefore it balances up. The Temporary Chairperson : Very well. You need to catch the eye of the Chair on time. I will allow you to proceed. L…

[(Hon. (Eng.) Paul Nzengu spoke off the record)]

[(Hon. Omboko Milemba)]

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

Hon. Temporary Chairperson, I refer to the proposed amendment by the Chairperson of Committee on Budget and Appropriations and I am just wondering when we were handling the matter at the Committee level – I belong to the Committee on Blue Economy and Irrigation – already the said presidential decree or Executive Order had been communicated. The said Executive Order had already been communicated an…

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

I also want to bring to the attention of the House that a number of changes have been introduced to what we had submitted as the Departmental Committee on Blue Economy and Irrigation and so much money has been allocated without consultation with the Committee. As members of the Committee, we are wondering whether our job is to rubber stamp things that are done without our knowledge. Or what is our…

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Hon. Chairman. The Temporary Chairperson (Hon. Omboko Milemba)

Thank you. We have heard you, but the matter is now in the Committee of the whole House. I will put the Question.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Thank you very much, Hon. Temporary Chairperson. I beg to move: THAT, the Bill be amended by deleting Clause 5 and substituting therefor the following new Clause— Reduction of Ksh143,738,560,978 The supply granted for the services of the year ending on 30th June, 2023 in respect of Votes R1021, R1052, R1064, R1068, R1069, R1072,

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The Temporary Speaker (Hon. Peter Kaluma)

Order, Hon. Members. The time being