National Assembly · Afternoon Sitting

Hon. Speaker, I beg to give notice of the following Motion: That, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its participation in the Diaspora Mobile Consular Service (MCS) exercise in Japan, laid on the Table of the House on Wednesday, 20th March 2024.

Thank you, Hon. Koech. For the second time, Hon. Gathoni Wamuchomba. She seems not to be in.

[(The notice of Motion by Hon. Wamuchomba deferred)]

Thank you, Hon. Speaker. Yesterday there was a directive that we should get a Statement from the Board, and I therefore, present it. Our attention has been drawn to the Debate in the National Assembly on 19th March 2024 on the above subject and on the Hon. Speaker’s direction that the Chairperson of the Select Committee on the National Government Constituencies Development Fund (NG-CDF) submits a…

Ksh53,531,500,000 in the original Budget for the Financial Year 2023/2024. A further Ksh3.4 billion was allocated to the Fund under the Supplementary Estimate I as a conditional grant towards the implementation of infrastructure projects in Junior Secondary Schools (JSS). Additionally, another Ksh1 billion was allocated towards schools’ infrastructure in Nairobi County. This brought the total all…

Thank you, Hon. Tandaza. Where is Jared Okello? He is the one who raised this. I believe you have satisfied the House. Hon. Wandayi, do you have any brief for Jared Okello? He is the one who raised this. Okay. Hon. Tandaza, that rests the matter. I will go back to Order No.6.

[(Hon. Opiyo Wandayi spoke off the record)]

Thank you, Hon. Speaker. My sincere apologies. I was held up in the constituency with farmers. Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that, Article 43(1)(a) of the Constitution provides for the right of every person to access the highest attainable standard of health; further aware that, poor quality of health services especially maternal care has been a recurrin…

Thank you, Hon. Wamuchomba. We will go back to Order No.7.

Thank you, Hon. Speaker. I rise to make a Statement. It is a sad moment for the people of Roysambu because of an accident that occurred at Maungu. That accident killed seven students of Kenyatta University. They were on an education tour to the Department of Health Management and Informatics. We have several students who are injured. 42 of them have been admitted at the Moi Referral Hospital in Vo…

Thank you, Hon. Mwafrika. Give Hon. Muthoni the microphone.

Thank you, Hon. Speaker. I also wish to join the Member for Roysambu in mourning the death of the students of Kenyatta University.

sincere condolences to the Kenyatta University fraternity and the parents who were very expectant that their children would go through school and go back to be of value and use in their communities, I wish to implore upon the Government to take measures. We have had school buses being involved in accidents every other day. Prior to the Kenyatta University accident, Kapsabet Boys School bus was inv…

Thank you, Hon. Muthoni. Yes, Hon. Member, not Rindikiri. The Member for Igembe North, Hon. Julius.

Thank you, Hon. Speaker, for the opportunity. I also join my colleague Mwafrika in condoling the bereaved families. I also extend my sincere sympathies to those who are recuperating in various hospitals. It is sad to lose very young souls and illustrious future leaders of this country through tragic road accidents that have happened recently. I appeal to the Ministry of Health to foot the hospital…

Hon. Rindikiri.

Thank you, Hon. Speaker. It is a sad day for Kenyatta University students, parents and the nation at large. For the last couple of days, the country has witnessed many accidents on our roads. This is happening when we thought the Ministry of Transport would have taken serious initiatives to address the many causes of accidents in this country. In almost all corners of this Republic like Kisii, Bus…

Hon. Maungu.

Thank you very much, Hon. Speaker, for giving me the opportunity to stand with our students from Kenyatta University. Indeed, it is very sad for this country when we lose our youths who are our future leaders. In the last one week, we have had two school buses being involved in accidents; Kapsabet Boys and a few days later, the Kenyatta University bus. It was even more painful to see pictures of …

further and looked at the public transport sector. Drivers need to be extra careful, especially when carrying young souls and ferrying them from one end to the other. I convey our condolences on behalf of myself and the people of Luanda to the affected families. I call upon the government to support these families by meeting the medical costs of all those currently in hospitals as well as the last…

Thank you. Hon. Dawood.

Thank you, Hon. Speaker. First, I send my condolences to the 11 families who lost their loved ones in the bus accident. I also wish a quick recovery to the ones in hospital. As my colleague Hon. Rindikiri has said, the construction of buses in Kenya is done on the wrong chassis. Two weeks ago, the National Transport and Safety Authority (NTSA) said that buses made in this country do not follow the…

Thank you and we will end there. May the good Lord rest their souls in eternal peace. The Leader of the Majority Party should try and impress on the Ministry of Education to have buses transporting our children to be properly serviced and be driven carefully. Allow me to acknowledge, in the Speaker’s Gallery, students and teachers from:

[(Applause)]

On a point of order, Hon. Speaker.

Yes, Hon. Wandayi.

Thank you, Hon. Speaker. I rise on a point of order under Standing Order 142. This concerns the concurrence of both Houses in terms of processing Bills.

Can you do that once we finish with statements? We still have some statements. Hon. Joshua Kandie, Member for Baringo Central

Hon. Speaker, pursuant to Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Education regarding delayed salaries and understaffing of non-teaching personnel in special needs schools. Special needs schools play an indispensable role in our

disabilities. Additionally, it is evident that non-teaching, often referred to as support staff, play a vital role in fostering a conducive teaching and learning environment within schools. Support staff encompasses a wide range of roles, including administrative personnel, transcribers, physiotherapists, teachers’ aides, cooks, cleaners and drivers. They play a crucial role, often extending beyon…

Chairperson of the Departmental Committee on Education. Hon. Melly is not here. Any Member? Yes, Hon. Julius, bring an answer to the request for Statement in two weeks.

[(Hon. Julius Melly spoke off the record)]

Yes, we will.

Next is Hon. Owen Baya, Member for Kilifi North.

Thank you, Hon. Speaker. In my capacity as the Member for Kilifi North, 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 Education regarding withholding of academic certificates by principals in both public primary and secondary schools in the country. Most primary and secondary schools have withheld r…

backgrounds because their parents are unable to raise school fees. Withholding their examination certificates is equivalent to killing their future career prospects and dreams. It is sad that implementation of the law, directives and guidelines has been wanting over the years, depriving learners of rightful access to their academic certificates, thereby impeding their path to academic advancement.…

Thank you, Hon. Owen. Hon. Julius, bring the response to the request for Statement on the same day in two weeks.

Thank you, Hon. Speaker. Considering that we are breaking for a recess, I seek your indulgence for a one-week extension. That is a weighty matter that requires sourcing information from various Government agencies such as KNEC and other offices.

I will not accede to that. This is a very short recess and committees are busy working. They are not going on any recess. Get to the Ministry and bring the responses in two weeks.

Hon. Joseph Lekuton, Member for Laisamis.

Hon. Members, you will recall that during the afternoon Sitting of Tuesday, 19th March 2024, during the Second Reading of the National Government Administration Laws (Amendment) Bill (National Assembly Bill No.73 of 2023) , the Leader of the Minority Party, Hon. Opiyo Wandayi, rose on a point of order under Standing Order 47 (3) (b) . The Hon. Leader of the Minority Party sought the Speaker’s ruli…

Parliament.” The same Article also defines the term “state office” to include the various offices therein enumerated at Paragraphs (a) to (q). Most relevant to this matter is Paragraph (q), which provides that a state office could also be an office established and designated as such by national legislation. It is, in fact, instructive to note that Article 260 of the Constitution is not couched in …

ordinarily debated is the Bill and not the report. I take it that Hon. Oundo advanced the said argument oblivious of the fact that committees interface the House with the public, hence actualising the provisions of Article 118 of the Constitution on public participation. It is not possible for this House to engage in participation. We do it through committees. It is for that purpose that Standing…

any, during the Committee of the whole House. Hon. Members, the ruling by my predecessor on the question of unconstitutionality claims on the Finance Bill, 2019 delivered on 19th September 2019 has been extensively referenced by Hon. Opiyo Wandayi. In my view, that question may be distinguished from the present one. This is because the impugned clauses of the Finance Bill, 2019 were procedurally …

[(Applause)]

out of the Chamber.

[(Laughter)]

Hon. Members, I am sorry. On our Supplementary Order Paper, I have put the Question on Order No.9. We also have to put the Question on the Statutory Instruments (Amendment) Bill (National Assembly Bill No.3 of 2024) . Go ahead and call it out.

Hon. Members, for the record, I was using the Order Paper published earlier and not the Supplementary one. So, the Question that I put earlier was on Order No.9 on the National Government Administration Laws (Amendment) Bill. I now proceed to put the Question on the Statutory Instruments (Amendment) Bill (National Assembly Bill No.3 of 2023) Excellent! Before we call in the Cabinet Secretary,…

[(Question put and agreed to)]

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

referred to the relevant Committees)

Have you called out Order No.11 as well? Yes, Hon. Kitany.

Thank you, Hon. Speaker. This is on Order No.13. Pursuant to Standing Order 44 (2) (d) , I wish to make a Statement on the status of the consideration of the County Licensing (Uniform Procedure) Bill (Senate Bill No.9 of 2022) by the Committee. The County Licensing (Uniform Procedure) Bill (Senate Bill No.9 of 2022) is a Bill sponsored by Senator Omar Mariam Sheikh, MP. The Bill seeks to provide …

Thank you, Hon. Kitany. It is so ordered. I will step down Order No.13 to either tomorrow or a later date. You can go to the Table Office and confirm your readiness. We have a sitting tomorrow morning and afternoon. So, whichever timing you will be ready, we will accommodate you.

[(Order No.13 deferred)]

Hon. Members, we will now go to Questions. Cabinet Secretary for Youth Affairs, Creative Economy and Sports, welcome to the House. We have four Questions, listed for you to answer this afternoon.

to ask the third Question so that he can proceed with his religious obligations, this being the month of Ramadan. I have acceded to that request. Hon. Dawood, go ahead and ask Question 054/2024. Question 054/2024

Thank you, Hon. Speaker for indulging me. Could the Cabinet Secretary for Youth Affairs, Creative Economy and Sports

Thank you, Hon. Dawood. Cabinet Secretary. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports : Thank you, Hon. Speaker, for according me this opportunity to come and interact with Hon. Members on issues of relevance. Without wasting any time, let me go straight to Question 054/2024 and respond as follows. It is true in 2017 Sports Kenya made a commitment to assist in the parti…

[(Hon. Ababu Namwamba)]

the local leadership to build consensus on how to use the space. If it is with regard to the youth empowerment centres, the Ministry is already rolling out a programme to transform all of them into innovation hubs. The Hon. Member may want to reflect a bit more on whether this would be the best use of this space, or if we should proceed with the plans to utilise the youth empowerment centres as in…

Hon. Dawood.

Thank you, Hon. Speaker. I am not satisfied with the answer that the Cabinet Secretary has given because I talked to him earlier on, on the same issue. I brought up this issue in the last Parliament. It is as if the Ministry of Youth Affairs, Creative Economy and Sports wants to avoid the issue by saying that there was no commitment yet there was a written commitment by Sports Kenya. Sports Kenya …

Cabinet Secretary, you have heard the discourse from the Member. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports : Hon. Speaker, I have not made any attempt whatsoever to run away from the commitment. In fact, I confirmed that, indeed, there is a commitment to my credit. I just made a clarification that when this commitment was made in 2017, about seven years ago, it was made…

[(Hon. Ababu Namwamba)]

with a sports facility of the scale of Kinoru Stadium should be serviced by a police post. It should have the capacity to house security apparatus within the ecosystem of the stadium. There is a commitment. I can assure the Member that efforts will be made to get the resources. There is also the challenge of land. The county government had allocated some land for this purpose. The Hon. Member sho…

Thank you. We leave it there, Hon. Dawood. We will go to Question 231 of 2023 by Hon. Duncan Mathenge, Member for Nyeri Town. Question 231/2023

The fear of the unknown. Just go on. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports : Hon. Speaker, we all occasionally suffer from the fear of the unknown. Hon. Adagala has also mentioned Hamisi Stadium, Kidundu Stadium and Mumboha Stadium. I assure the Member for Vihiga that Kidundu Stadium is also in the master plan. On

[(Hon. Ababu Namwamba)]

considered but we have also been in talks with the leadership of Vihiga, including the Governor to determine the best place in Vihiga County for a regional stadium. On the question regarding Kiprugut Chuma Stadium, it is true that we have formally, and in an official ceremony, renamed that stadium in honour of Kenya’s fastest-ever Olympic Medal Winner, the Late Kiprugut arap Chuma. That is the ne…

You can skip that one for now. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports : I can skip it for now. I will answer it at that point. We have provided details on the Question on academies. Hon. Dido Raso has mentioned Marsabit. It is in our master plan. He has correctly noted that one bit of the project is completed. That is the bit that was done by the Ministry through Sp…

[(Hon. Ababu Namwamba)]

develop a regional stadium, we will do a prototype and cost it. So, for every actual project, we measure it against our prototype. On the academies, for instance, someone had given a cost of about Ksh400 million per academy. We did our own prototype that indicated you can do these academies for not more than Ksh50 million which is many times less than what was projected. I can assure this House an…

The Member for Ndhiwa, Hon. Martin Owino, Question 053/2024. Question No.053/2024

Hon. Speaker, I rise to ask the Cabinet Secretary for Youth Affairs, Creative Economy and Sports the following questions: Could the Cabinet Secretary-

Cabinet Secretary. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports : Hon. Speaker, let me admit that other than the normal processes we go through to provide insurance when our teams are travelling out of the country, for example, right now we are taking our Under 19 Junior teams to Spain at the end of this week, we have had to secure medical insurance for them. Other than t…

[(Hon. Ababu Namwamba)]

[(boys and girls)]

You will bring it as a sessional paper. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports : Yes. We are preparing it in the form of a white paper that could progress all the way to the House. I thank you, Hon. Speaker.

[(Hon. Ababu Namwamba)]

Hon. Irene, are you satisfied? I will allow you to ask a supplementary question.

Yes, Hon. Speaker. Thank you for that. I just have a very quick supplementary question on what the Cabinet Secretary has been able to tell us about the policy paper, which I hope will be fast-tracked because we have already had situations of losing athletes, and we do not know the succession or the life insurance plans for them. I hope that is included. On the matter relating to the medical cover…

have a status report on the compliance of this club with the federation regulations? Thank you.

Cabinet Secretary. There will be no joyriders here. We have come to the end. The Cabinet Secretary for Youth Affairs, Creative Economy and Sports : We have to admit that the scenario affecting our sportsmen and women has previously been really bad. Previously, we had never had a reward framework until this administration put in place a new rewards framework. Today, if you break a world record, w…

[(Hon. Ababu Namwamba)]

Thank you, Cabinet Secretary. As you leave, I would like to encourage you. You have just said what I was about to say, that our National Anthem is not often played in many international capitals, as it is done because of our athletes. When I was the Cabinet Secretary for Foreign Affairs, I anchored the role of our athletes in our foreign policy. This is cross-cutting and it is done by the Ministry…

[(Applause)]

Ababu Namwamba): I could not agree more. My heart is dancing with joy, listening to your acknowledge something that has become a gospel for me. We should keep reminding ourselves and the world that our sportsmen and women are the goose that lays the golden egg and brand Kenya. Nothing brands this country more or better than these great Kenyans. Hon. Speaker, indeed, I can confirm to you that the …

Thank you, Cabinet Secretary. You are released to go back to your other duties. Hon. Members, allow me to acknowledge a visiting delegation from the Johns Hopkins School of Advanced International Studies. The delegation is in the Speaker's Gallery and led by Prof. Siniša Vuković.

[(Applause)]

(National Assembly Bill No.68 of 2023) The Temporary Chairman (Hon. Omboko Milemba): Very well. Hon. Members, you may take your seats. We are in the Committee of the whole House about to make a law. This time we are dealing with the Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No.68 of 2023). Order, Hon. Members. I hope the Chairpersons and Leader of the Majority Par…

THAT, the Schedule to the Bill be amended by—

21). The justification is that the reduction of the number of advocates representing the Law Society of Kenya in the Rules Committee would negatively affect the interests of the legal practitioners because this is their Act. (Question of the amendment proposed) Let us see if there is any interest in this.

THAT, the Schedule to the Bill be amended –

Oundo.

Hon. Temporary Chairman, the Mover is just being extremely unfair. Traditionally, that was Moi Day. It changed from Moi Day to no holiday, and then it was reinstated. It then changed to Utamaduni Day and is now being changed to Mazingira Day. I am sure he will probably change it next year to Kabete Day. Can we just not be magnanimous enough and not attempt to erase history? Just go back to Moi Da…

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, I agree that it should be called Mazingira Day. However, Hon. Oundo has taken away my comments. It is more fitting than calling it Utamaduni Day. The late President Moi was good at preserving the environment. We are still too close to Moi's leadership to appreciate him, but I know that in the future, the word "Moi" will be added back to Mazingira Day. For now, we can tole…

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. I support this amendment. I remember when we were previously speaking about this amendment, we were doing away with Utamaduni Day. I noted that it was a little bit confusing, and we did not know what exactly it was about. I am glad that it is coming out as Mazingira Day. I agree with Hon. Oundo, and I also agreed with him on that day. Mzee Moi, the second Presi…

[(Hon. Omboko Milemba)]

[(Question, that the words to be left out be left out, put and agreed to)]

[(Question, that the words to be inserted in place thereof be inserted, put and agreed to)]

[(The Temporary Chairman (Hon. Omboko Milemba consulted with the Clerks-at-the-Table)]

He shared the same amendment with the Leader of the Majority Party. Since the one by the Leader of the Majority Party has taken precedence, his falls.

Thank you. Hon. Temporary Chairman. I beg to move: THAT, the Schedule to the Bill be amended –

Thank you. Hon. Temporary Chairman. As I said, this is to delete the expression "to a fine not exceeding two hundred shillings or to imprisonment for a term not exceeding one month" and substitute therefor the expression "on first conviction, to a fine of an amount equivalent to ten times the maximum statutory penalty of the offence to which the notification relates, and an amount equivalent to tw…

[(Hon. Omboko Milemba)]

[(Question of the amendment proposed)]

[(Hon. Omboko Milemba)]

[(Question, that the words to be left out be left out, put and agreed to)]

[(Question, that the words to be inserted in place thereof be inserted, put and agreed to)]

[(Hon. Omboko Milemba)]

The Temporary Chairman (Hon. Omboko Milemba): Mover.

THAT, the Schedule to the Bill be amended—

Hon. Temporary Chairman, this is a nice amendment. We are currently witnessing serious accidents and traffic offences almost everywhere either by boda boda riders, and private and even official Government vehicles. To control this and restore order and sanity in our roads, I support the amendment. It is even a very lenient fine. It should have been more punitive. It has reached a point where we ha…

Hon. Temporary Chairman, I rise to support this amendment. It will cure congestion in our law courts. If a fine can be paid at the inception where the offence has been committed, then there is no need to congest the courts. There is also prompt payment of fines. The money will be paid immediately and the charge will be done in real time. That is the way to go. Let us do this in real time because w…

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. I rise to support this amendment. There is need of total overhaul of all the traffic laws in the Republic of Kenya. We need proper traffic management laws which incorporate even the use of satellite to monitor traffic. We must have a dedicated satellite for purposes of traffic management. Once you commit an offence, you are billed there and then—regardless of wh…

[(Hon. Omboko Milemba)]

Asante, Mhe. Mwenyekiti wa

I beg to move: THAT, the Schedule to the Bill be amended in the proposed amendments to the Veterinary Surgeons and Veterinary Professionals Act, 2011 -

[(No.29 of 2011)]

I beg to move: THAT, the Schedule to the Bill be amended in the proposed amendments to the Veterinary Surgeons and Veterinary Professionals Act, 2011 -

[(No.29 of 2011)]

THAT, the Schedule to the Bill be amended –

Hon. Temporary Chairman, I beg to move that the new section 24 (3) be now read a Second Time.

[(Question, that the new section be read a Second Time, proposed)]

On a point of order, Hon. Temporary Chairman. The Temporary Chairman : At this particular level, there should be some debate. But let me hear the point of order from Hon. Makali Mulu.

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. The Leader of the Majority Party is very much aware that this being a new clause, it needs to be explained. He cannot just move it without an explanation on the import. This being a new clause, it is supposed to generate some debate. So, he needs to move and explain the importance of what it is doing to the Bill which he has not done. That is why I rose on a poi…

[(Hon. Kimani Ichung’wah spoke off the record)]

[(Hon. Omboko Milemba)]

[(Hon. Kimani Ichung’wah consulted with Hon. Julius Melly)]

I was consulting with the Chairman of the relevant Departmental Committee, Hon. Melly. The proposed amendment for New Section 24 (3) , is to delete the words ‘a specialized degree awarding institution’ appearing immediately after the word ‘establish’, and substitute thereof with the words ‘specialised degree awarding institutions’. The logic being that, as you will remember, in the last Parliamen…

institutions, other than just that one institution. I believe Hon. Makali Mulu being a very diligent member of the Departmental

Yes. Thank you, Hon. Temporary Chairman. I thank the Leader of the Majority Party for that explanation, which is now clear. I hope for purposes of standardisation; these specialised universities will still be under the oversight of the… Is it higher education something? There is a university body which checks universities in terms of standardisation. Yes, the Commission for University Education (…

[(Hon. Kimani Ichung’wah spoke off the record)]

Yes.

I support, Hon. Temporary Chairman. The Temporary Chairman : The Chairperson for the Departmental Committee on Education.

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. The proposed amendments by the Mover are quite in order in the sense that, these two institutions and many others forthcoming in future are specialised; like the National Intelligence Service, the National Defence University and other specialised universities which may come in future. The amendment is, therefore, properly placed. The Temporary Chairman : Very …

[(Hon. Omboko Milemba)]

[(Question, that the new section be read a Second Time, put and agreed to)]

[(Question, that the new section be added to the Bill, put and agreed to)]

[(Hon. Omboko Milemba)]

[(Hon. Julius Melly consulted with Hon. Kimani Ichung’wah)]

It is on page 291. Hon. Temporary Chairman, I beg to move: THAT, the Schedule to the Bill be amended in the proposed amendments to the Universities Act, 2012 by deleting the proposed amendment to section 25. If you read that section, it was bringing in the fact that the Bill intended to promote even local technical institutions to the level of national polytechnics and then turn them into

[(No.42 of 2012)]

that had the capacity to be turned into universities, were national polytechnics. But this Bill was saying that every institution including technical institutions, can turn themselves into a national university. This would lower standards and bring private institutions through the backdoor, and they become national universities. Therefore, the Committee saw it wise to delete this section. Thank y…

On a point of order, Hon. Temporary Chairman. The Temporary Chairman : I hear you, Hon. Oundo.

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, there seems to be a bit of uncertainty. This is because Section 25 of the Act reads, ‘where a declaration under this section is made with respect to a public institution…’ I hope the Chairperson is listening. The reference is to a public institution and not a private one through the backdoor, as he alleges. Hon. Temporary Chairman, allow me to proceed once he is listening…

[(Hon. Julius Melly consulted with Hon. Kimani Ichung’wah)]

[(Hon. Omboko Milemba)]

I think the Chairperson of the Committee seems to be a bit unclear on exactly what he wants to do. The amendment as proposed in the Bill was to buttress or give clarity to Section 25 which states that where declaration of this section is made concerning with respect to a public institution. The catch word here “public institution” shall only apply where such institution is a national polytechnic w…

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, Hon. (Dr) Oundo is right. We have consulted the Hon. Chairman and I believe he will be withdrawing that particular amendment because the Bill as it is perfectly in order, as Hon. (Dr) Oundo says. It specifically refers to a public institution, and the law also defines national polytechnics. Sub- section 2 that was coming in was to further qualify what is already provided f…

in the Bill. The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman.

Hon. Temporary Chairman, I agree with Hon. (Dr) Oundo. I misread some statement. It is proper I withdraw the amendment. Thank you. The Temporary Chairman : Finally, Hon. Makali.

[(Hon. Omboko Milemba)]

Thank you very much Hon. Temporary Chairman. Even as I agree with that withdrawal, it is important we go on record on this matter. One of the problems we have been facing as a country is a situation where we converted all our middle level institutions into universities and we lost the middle-level cadre in terms of skills. So even as we do this, I wish that it is done in a very cautious way to avo…

[(Hon. Omboko Milemba)]

[(Proposed amendment by Hon. Julius Melly withdrawn)]

[(Provisions relating to Universities Act, 2012 (No.42 of 2012)]

I beg to move: THAT, the Schedule to the Bill be amended by—

I rise to support this amendment. The Office of the Attorney-General is critical because all the agreements made by the Government and other governments must go through it. This office has shortage of staff. The Rt. Hon. Justin Muturi is a highly experienced individual who has served this country with dedication and commitment, not only as the Attorney-General but also as the Speaker of this House…

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, I support this. However, I am uncertain that this is the correct prescription for the problems in the Office of the Attorney-General. Many of the employees are leaving because they were never qualified for their positions in the first place. The Office of the Attorney-General has a history of appointing people based on their connections, rather than their qualifications. W…

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, we should not use this Floor to disparage other people. Hon. Sunkuli avers that people are employed in the Office of the Attorney-General on the basis of who they know and are not necessarily qualified. Maybe just for information to Hon. Sunkuli, most of our best drafters in this House have been poached from the Office of the Attorney-General. Some of the best advocates al…

[(Hon. Omboko Milemba)]

I will stop it Hon. Chairman. However, I just want to correct one thing. The Leader of the Majority Party knows that I am not referring to the time under his watch and I am not even referring to the time under the watch of Hon. Muturi. But I am a lawyer, Hon. Chairman and I do know a bit of the history. I am talking about the past. Now, people who are appointed to the Office of the Attorney-Gener…

of the Majority Party I am saying that I support. The Temporary Chairman (Hon. Omboko Milemba): Very well. Yes, Chair, Agriculture.

Thank you, Hon. Temporary Chairman. This amendment is key because it emphasises on the autonomy of the Office of the Attorney-General. Consultations in most cases waste a lot of time and that is why I think it is important to specifically adopt this amendment. The Temporary Chairman : Finally, let me hear from the Vice-Chair.

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. I think as a way of background, it is important to understand where we are coming from. The Office of the Attorney-General before the new Constitution, in the old Constitution, was the office that was dealing with both civil and criminal matters. After the new Constitution came in 2010, the office was divided so that it deals with civil matters and advisory serv…

[(Hon. Omboko Milemba)]

Therefore, the justification for the creation of the Advisory Board, so that the peculiarity of the Office of the Attorney-General in terms of management of its staff is justified. The Temporary Chairman : Short comment. No, we have had enough of this but because of… Hon. (Dr) Makali Mulu what is this clarification?

[(Hon. Omboko Milemba)]

It is very important, Hon. Temporary Chairman. I agree with all the explanations. However, we are saying “delete Public Service Commission”, and we are not saying “delete and replace with the Advisory Board”. Where is this Board captured in this law? The Temporary Chairman : Hon. Chairman.

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, I think I need to retake this. We are proposing to delete all the proposed amendments under the Office of the Attorney-General Act and substitute them with the proposed new amendments in the proper chronological order as shown in the Order Paper. We will amend Sections 2, 9 (2) , 9 (5) (d) , and

Hon. Temporary Chairman, this relates to deleting Paragraph 138 and also deleting the proposed amendment to Part A of the Second Schedule. The proposed amendment to delete Paragraph 138 is on the supply of denatured ethanol. It is important to mention that denatured ethanol has nothing to do with the manufacture of alcohol. It is actually denatured to make sure that... The Temporary Chairman : O…

[(Hon. Omboko Milemba)]

Sorry, I moved on without moving the Second Reading. Hon. Temporary Chairman, I beg to move: THAT, New Section A of Part 1 of the First Schedule be now read a Second Time. Hon. Temporary Chairman, I was speaking about denatured ethanol and making a clarification because I heard many Members during the Second Reading get worried that this has something to do with the manufacture of alcohol. Indeed…

[(Question, that the New Amendment to Section A of Part 1 of the First Schedule be read a Second Time, proposed)]

Thank you, Hon. Temporary Chairman. I want to support the Mover in the sense that as we speak now, local factories, both public and private, have large tonnes of ethanol. If this Bill is passed, it will also assist in bringing in revenue and at the same time, it will also allow our farmers to have some much-needed revenue from farming sector. The Temporary Chairman : Very well.

[(Hon. Omboko Milemba)]

Schedule be read a Second Time, put and agreed to) Schedule be added to the Bill, put and agreed to) The Temporary Chairman (Hon. Omboko Milemba): Do we have the Chairman of the Departmental Committee on Finance and National Planning in the House?

Yes. The Temporary Chairman : You have amendments on Section A of Part 1 of the First Schedule to No.35 of 2013.

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, I have communication from Hon. Chairman to withdraw that amendment. The Temporary Chairman : In fact, it has already fallen because the earlier one has already taken precedence. Thank you.

[(Proposed amendment by Hon. Kuria Kimani withdrawn)]

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, this is not a new amendment. We do not need to read it a Second Time. The first amendment was a new one. Hon. Temporary Chairman, I beg to move: THAT, the Schedule to the Bill be amended –

Thank you, Hon. Temporary Chairman. It is, indeed, true that we are zero-rating; moving it from exempt. I said this is for the particular reason of trying to revitalise our local sugar industry. They will now be able to claim their input Value Added Tax (VAT) and therefore be at an advantage over those other manufacturers from outside our country. It is true that we essentially will be supporting …

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, we can talk of import substitution because we are importing denatured ethanol right now. The farthest stage you can go in processing is making use of the by-product. Most of the sugar milling companies are moving in that direction. Besides producing electricity, they are also going towards the production of ethanol. Most of them are establishing ethanol plants. Besides cr…

[(Question of the amendment proposed)]

[(Part A of the Second Schedule as amended agreed to)]

Hon. Temporary Chairman, I wish to drop the Amendment to the National Employment Act, the New 17 (2) (d) , because of a change in circumstances. There was a court matter that kind of determined this issue and, therefore, we leave it for another time. I wish to withdraw this particular Amendment.

[(Proposed amendment by Hon. Kimani Ichung’wah withdrawn)]

[(Clause 2 agreed to)]

On a point of order, Hon. Temporary Chairman. The Temporary Chairman : Hon. Oundo.

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, I might have switched off a little bit, and need guidance. In the Office of the Attorney-General Act No.49 of 2012, there were new Sections under Part 11 (a) . At what point shall we prosecute and deal with the matter? At the initial stage, the Temporary Chairman only dealt with Sections 2, 9 (2) , 9 (5) (d) and 13. We have not prosecuted new clause under Part (a) . I do n…

[(Hon. Omboko Milemba)]

Just a clarification so that Hon. Oundo gets it well. I moved that we delete the proposed Amendments which was Section 13 and substitute therefore the following new proposed Amendments in the proper chronologicalorder. I moved all of them from Sections 9 (2) , 9 (5) (d) , 13, New Section 20 (a) , 20 (b) , 20 (c) ,20 (d) , 28 (a) and 33 (a) . I supported the arguments to all these sections with wha…

[(Hon. Omboko Milemba)]

Understood, but I thought we had moved the standard amendments. The new clauses are moved the way we typically do. They are seconded, we debate, and pass them. However, if it has met the threshold of the procedure I have no problem, but if there is a procedural issue, we might have to re-think because we cannot move in the same manner as if it is a new clause. The Temporary Chairman : Thank you,…

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, while the justification was very clear after Hon. Mutuse explained it to us, the new clauses should have been subjected to Second Reading before we approve them. Maybe that is beyond us now. In future, that should be the practise procedurally for new clauses. We are supposed to do the Second Reading then the other procedures follow. For the things that have happened now I …

Thank you, Hon. Temporary Chairman. The position is that I actually moved the clauses and you proposed the Questions. If you may notice, the Statute Law (Miscellaneous Amendments) Bill is slightly different from other Bills. Each proposed statute is taken separately, independently, and conclusively. That is where the difference is. Every statute amendment we took, we voted on every clause and afte…

[(Hon. Omboko Milemba)]

[(Hon. Omboko Milemba)]

I also have an amendment on it. The Temporary Chairman : So, who takes the first bite?

[(Hon. Omboko Milemba)]

If mine carries the day, then that of the Leader of the Majority Party will also pass because they are one and the same thing. The Temporary Chairman : Order! I believe there is an agreement that you go first. If yours is carried, the one of the Leader of the Majority Party falls. Proceed, Chair.

[(Hon. Omboko Milemba)]

Actually, they are the same thing with exact wordings. The Temporary Chairman : Order, Hon. Chair! The amendment on the Order Paper is for the Leader of the Majority Party. So, allow the Leader of the Majority Party to move it.

[(Hon. Omboko Milemba)]

THAT, Clause 1 of the Bill be amended by inserting the words “and shall come into force upon publication in the Gazette” immediately after the expression “2023”. The Temporary Chairman : Hon. Chair, you wanted to speak on this. We can hear you.

[(Question of the amendment proposed)]

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. The Committee had a similar proposed amendment. Now that the amendment by the Leader of the Majority Party has been proposed, if it carries the day, ours will fall by the wayside. Therefore, the position is that the Statute Law (Miscellaneous Amendments) Act will come into force upon publication in the Gazette. So, I support it. The Temporary Chairman : Hon. …

[(Hon. Omboko Milemba)]

Hon. Temporary Chairperson, I completely support the amendment. However, I am just wondering aloud. Aare there any timelines for gazettement? You know, the Gazette can take 10 years or two years. For example, the Parliamentary Act concerning Non-Governmental Organisations (NGOs) has never been gazetted up to now. Do we envisage a situation where there could be timelines? Some of these amendments …

Thank you, Hon. Temporary Chairman. Hon. (Prof) Oundo knows that the particular Bill he is talking about was not under the Kenya Kwanza regime. President William Ruto assents to Bills as soon as they are presented to him by the Speaker, and are gazetted soon after. Therefore, I assure him that it will be expedited. I agree with him on the provisions relating to the Attorney-General’s Office; that …

[(Hon. Omboko Milemba)]

[(Question, that the words to be inserted be inserted, put and agreed to)]

[(Clause 1 as amended agreed to)]

Hon. Temporary Chairman, before I move to report, I want to inform you that I had requested for consent for the withdrawal of the provisions of Sections 56 (1) (a) of the Universities Act of 2012 as was contained in this Bill. Therefore, as we consider this Bill, the Speaker did assent, through his communication, that we are now considering this Bill without consideration to Section 56 (1) (a) of …

[(Hon. Omboko Milemba)]

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

(National Assembly Bill No.68 of 2023)

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No.68 of 2023) and approved the same with amendments.

Mover.

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said report. I request Hon. Naomi Waqo to second the Motion for agreement with the report of the Committee of the whole House. Hon. Naomi Waqo : Hon. Temporary Speaker, I second.

[(Marsabit County, UDA)]

Thank you. For the convenience of the House, I will defer putting of the Question to the next appropriate time when it will be scheduled by the House Business Committee.

[(Question proposed)]

[(Putting of the Question deferred)]

Next Order.

Thank you, Hon. Temporary Speaker. I beg your indulgence. This is a very important Bill dealing with matters to do with risk management of disasters in the country. This Bill was considered by the Departmental Committee on Regional Development and the Chairman, Hon. Lochakapong, was to second me. He had sought permission to join one of our Members in the Budget and Appropriations Committee, the Me…

Leader of the Majority Party, being the Mover of this Bill, your request is acceded to. This Order is stepped down to the next time it will be scheduled.

Mover.

Hon. Temporary Speaker, again, as I indicated, because of the bereavement of one of our colleagues, the Chairman of the Decentralised Funds Accounts Committee is not in the House. The Chairman being unavailable, I request your indulgence that Order No.15 be deferred. Equally, the Chairman of the Departmental Committee on Agriculture and Livestock is in the House, but as you can see, he is packing…

Leader of the Majority Party, we can only speak to Order No.15. Based on your request thereon, Order No.15 will be stepped down to be transacted in the future when it will again be scheduled by the House Business Committee. Next Order.

The Mover of this Motion is the Chairman of the Departmental Committee on Agriculture and Livestock. Proceed.

Thank you, Hon. Temporary Speaker. I would also like to request your indulgence that you step down this Order to the next time the House convenes. The honourable Member who was supposed to second is not in the House. I might just move and then it is not seconded.

For the reasons given by the Mover and elaborated upon by the Leader of the Majority Party before, Order No.16 is stepped down to the future. Next Order.

The Mover of this Motion is the Chairman of the Decentralised Funds Account Committee. Are we ready to proceed with this?

Hon. Temporary Speaker, as I had indicated, for the same reasons I gave for Order No.15, the Chairman of the Committee is not in the House. I, therefore, seek your indulgence to defer this to a later time.

This Order will, on account of those reasons placed before the House by the Leader of the Majority Party, stand deferred to a future date when it will be scheduled by the House Business Committee for consideration. Let me thank the House, on behalf of the substantive Speaker, for the dedication you have shown in the Committee of the whole House proceedings this afternoon. Actually, not just this a…