National Assembly · Afternoon Sitting

Hon. Waqo for Leader of the Majority Party. You are the one who is moving the Motion. Right?

THAT, this House resolves to exempt the business appearing as Order Nos. 13, 16 and 17 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 business sponsored by a Committee. Hon. Deputy Speaker, this is because we have other urgent matters that we need to deal with this mor…

Hon. Deputy Speaker, I second. What is your point of order, Hon. Kangogo? I will come to you.

[(Question proposed)]

Hon. Deputy Speaker, if you check Order 13, it is just about putting of the question on the Division of Revenue Bill. How can you exempt putting of the question?

[(Loud consultations)]

I rise to oppose this exemption in relation to Order No.17. Why are we pushing this exemption? I may understand Orders 13 and 16 because they relate to the Division of Revenue Bill, which we know has a time limit. Therefore, I can understand that in the budget cycle, we may need to push them forward. What is the urgency about Order No.17? Why are we pushing it forward and yet we know very well tha…

Thank you very much, Hon. Deputy Speaker. I have a lot of respect for Hon. Nyikal. I have previously worked with him in the same Government. He knows I am part of the mandarins of the Government. I know he is well versed with procedure and we must thank him very much for being hawk-eyed in terms of looking at things that he thinks are not relevant for the House this morning. However, if Hon. Nyika…

Hon. Makali.

Thank you, Hon. Deputy Speaker. It is important we note the following before we even pass this Motion. Wednesday mornings are set for Private Members’ Bills and Motions. It means any time we want to change that arrangement, there must be a serious reason why we are doing it. I have a Bill which I proposed last year. It has taken more than one year and has never been scheduled to be debated in this…

Thank you very much, Hon. Deputy Speaker. There is a pending litigation as regards to the provisions of the Statutory Instruments Act, which we are trying to amend this morning. Remember, we put this provision in the Finance Bill, but the court declared the process irregular and directed us to regularise the position. As the case pends in the Court of Appeal, we have been directed by the courts to…

to be a substantive Bill to amend the Act. This is why this is urgent because of the pending court case. There are almost 2,000 statutory instruments that have expired. It is not that the instruments were not published in time. They have been in force for the last 10 years. Their lifespan came to an end in January. We were trying to safeguard them in July but, unfortunately, the court case came al…

Hon. Deputy Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 30 (3) (c) , this House resolves to hold a morning sitting on Thursday, 21st March 2024, commencing at 9.30

Hon. Deputy Speaker, I do not need to belabour the point that we have a lot of business to do before we go for the short recess. Having a session tomorrow morning is critical to us. I second.

[(Question proposed)]

[(Question put and agreed to)]

Hon. Members, what remained on this business was putting the question, which I will proceed to do.

Thank you, Hon. Deputy Speaker. I beg to move that the Land (Amendment) Bill, (National Assembly Bill No. 40 of 2022) , be now read a Third Time. I want to request Hon. David Bowen from Marakwet East to second.

Hon. Deputy Speaker, as I second this Bill, I want to state that it is important to have all public utility land given title deeds. In Nairobi, you will not find any land meant for public utilities. They have grabbed all the land and they are now moving out of Nairobi to upcountry. This Bill will ensure that the public utility lands have title deeds for future use. I second.

[(Question proposed)]

[(Question put and agreed to)]

[(The Bill was accordingly read a Third Time and passed)]

(National Assembly Bill No. 45 of 2022)

Thank you, Hon. Deputy Speaker. I beg to move that the Cancer Prevention and Control (Amendment) (No.2) Bill, (National Assembly Bill No. 45 of 2022) , be now read a Third Time. I request Hon. Pukose, Chairman of the Departmental Committee on Health, to second.

Hon. Deputy Speaker, I second the Cancer Prevention and Control (Amendment) (No.2) Bill by Hon. Dawood. It is an important Bill. Hon. (Dr) Nyikal and Hon. Sabina Chege were also proposing a similar Bill and once we pass this Bill, we will have achieved what the two Members wanted. I second this important Bill. I did not hear you. I understand, but you could have just raised a point of order to s…

[(Question proposed)]

[(Hon. James Nyikal spoke off record)]

Yes.

You may proceed.

Yes. Thank you, Hon. Deputy Speaker. I hope I am not seen in negative light. I am just a stickler for processes.

[(Loud consultations)]

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the Penal Code (Amendment) Bill (National Assembly Bill No.56 of 2022).

Hon. Deputy Speaker, I beg to move that the Penal Code (Amendment) Bill, (National Assembly Bill No.56 of 2022) , be now read a Third Time. I request Hon. Dorothy Muthoni Ikiara, the Nominated Member of Parliament, to second.

Thank you, Hon. Deputy Speaker. I second this very important Bill, the Penal Code (Amendment) Bill, (National Assembly Bill No.56 of 2022) . Thank you.

Thank you.

[(Question proposed)]

[(Question put and agreed to)]

[(The Bill was accordingly read a Third Time and passed)]

On a point of order, Hon. Deputy Speaker. What is your point of order, Hon. Mwale? Thank you, Hon. Deputy Speaker. You have read Order 13 and yet, we had exempted it from the Procedural Motion. The Procedural Motion on Order 8 had exempted Orders 13,16 and 17. Are we in order to read it again and yet, we had already voted to exempt it from the Order Paper? Thank you. Hon. Ochieng’, do you want to…

It is really difficult to deal with that because the exemption was so that the matter can be considered. The exemption was for the matters in Order 9 so as not to appear today because this morning is for Members' Motions and Bills. We exempted all of them up to Order17, and that is why we are considering them. It is that simple. Hon. Makali, kindly do something about it. It is only fair that such…

[(Loud consultations)]

It is not a point of order. Hon. Ochieng’ is throwing a challenge and yet, Hon. Mwale is a ranking Member - a second-timer. Today morning was meant to be for Private Members Bills and Motions. And the three that have been mentioned are Government business, and should not be appearing. That is why they were being exempted so that we can debate them today. Thank you. Next Order.

expansive and unsafe areas; now therefore, this House resolves that the Ministry of Environment, Climate Change and Forestry develops a policy on IT that deploys the use of satellites in the monitoring and forecasting of climatic conditions with the objective of ensuring timely and accurate data collection to enhance the country’s capacity to respond to weather-related risks and vulnerabilities in…

On a point of order, Hon. Deputy Speaker. What is your point of order, Hon. Chepkong’a?

Hon. Deputy Speaker, I rise under Standing Order 83. Is it in order for the Member of Parliament for Baringo County, Hon. Jematiah, to be conducting table banking issues in the House when the Speaker is putting a Question? Hon. Member for Baringo, do you want to respond to that or you have duly noted? Let us proceed. Next Order.

Hon. Temporary Chairman, I do not have my glasses. So, I cannot read. I ask Hon. Baya to continue. The Temporary Chairman : Can I help you with mine?

[(Hon. David Ochieng’)]

Let Hon. Baya continue until I trace mine. The Temporary Chairman : I order the Serjeant-at-Arms to look for Hon. Mary’s glasses. In the meantime, Hon. Baya, you may proceed.

[(Hon. David Ochieng’)]

Hon. Speaker, I beg to move that the Committee do report to the House its consideration of the Division of Revenue Bill, (National Assembly Bill No.14 of 2024) , and its approval thereof without amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

I call upon the Temporary Chairman to report to the House the Committee’s resolution on the Division of Revenue Bill (National Assembly Bill No.14 of 2024) .

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Division of Revenue Bill, (National Assembly Bill No.14 of 2024) , and approved the same without amendments.

Mover, what is your take on the Committee’s Report?

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee on the said Report. I request Hon. Chepkong’a to second.

Hon. Temporary Speaker, I second.

[(Question proposed)]

[(Question put and agreed to)]

[(Applause)]

I now call upon the Mover.

Hon. Temporary Speaker, I beg to move that the Division of Revenue Bill, (National Assembly Bill No.14 of 2024) , be now read a Third Time. I request Hon. Mary Emaase to second. Is she in the Chamber or she has taken a French leave?

She is not in.

I ask Hon. 95 to second.

[(Laughter)]

Hon. Deputy Leader of the Majority Party, I am Hon. Pukose. Hon. Temporary Speaker, I second.

[(Question proposed)]

Put the Question! Put the Question!

[(Applause)]