National Assembly · Afternoon Sitting

Wednesday, 22 March 2023

Session Summary

The session was marked by procedural disputes over quorum and points of order, with members accusing the Temporary Speaker of bias and even questioning his fitness to preside. Heated exchanges gave way to calls for decorum, urging MPs to support the government and condemn ongoing protests that threaten the economy. While tension dominated the debate, some members appealed for unity and constructive engagement. Members debated recent demonstrations, condemning the loss of life and the economic disruption caused by protests in key business districts. They stressed the need to uphold the law, citing court jurisdiction and curfews, and urged the opposition to reconsider actions amid high cost‑of‑living pressures. The discussion highlighted tensions between constitutional rights to protest and concerns over public safety and economic stability. Members highlighted the widespread sexual harassment and exploitation of women workers on Kericho tea farms, urging investigations, criminal prosecutions and penalties for the implicated multinational companies. They also called for medical assistance, compensation for HIV/AIDS infections, and reforms to make labour officers more approachable and case reporting confidential. The debate combined criticism of the current situation with constructive proposals for legislative and administrative action.

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Hon. Speaker

Serjeant-at-Arms, you can ring the Quorum Bell. Hon. Members we now have quorum to transact business. Deputy 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

Vice-Chairperson, Departmental Committee on Health.

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Hon. Patrick Ntwiga (Chuka/Igambang'ombe, UDA)

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

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Hon. Speaker

Thank you. Next Order. Hon. Abraham Kirwa. There is a microphone next to you.

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Hon. Abraham Kirwa (Mosop, UDA)

Hon. Speaker, I would like to request for the adjournment of the House to discuss loss of property and closure of business due to illegal demonstrations. Pursuant to Standing Order No. 33 (1) , I rise to seek leave for adjournment of the House in order to discuss a definite matter of urgent national importance regarding the closure of business premises and destruction of properties during illegal…

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Hon. Speaker

Hon. Member, you need 20 Members to stand in your support.

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Hon. Speaker

It is overwhelming. It is overwhelming. You may take your seats. Order! You may take your seats. Order! Hon. Members, after the next Order, I will put the Question at Order No. 8, and then go to Order No. 9. Order, Hon. Wanjala! This is not a public baraza; this is the National Assembly of Kenya, my good friend. If you want to engage a colleague across the aisle, you go to the Bar, give the ordin…

[(Hon. Raphael Wanjala shouted from his seat)]

[(Applause)]

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Hon. Speaker

Question No. 62. The Hon. Member for Baringo Central. Question 62/2023

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Hon. Joshua Kandie (Baringo Central, UDA)

Hon. Speaker, pursuant to provisions of Standing Order 42A (5) , I rise to ask Question No. 62 of 2023 to the Cabinet Secretary for Interior and National Administration. Could the Cabinet Secretary for Interior and National Administration:

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Hon. Speaker

Thank you. Chairman, Departmental Committee on Administration and Internal Security, two weeks. Question No. 63, Hon. Joshua Mwalyo, Member for Masinga. Question 63/2023

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Hon. Joshua Mwalyo (Masinga, Independent)

Hon. Speaker, could the Cabinet Secretary for National Treasury and Economic Planning:

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Hon. Speaker

Thank you, Hon. Mwalyo. Departmental Committee on Finance and National Planning, two weeks. Question 064, Hon. Member for Central Imenti, Hon. Moses Kirima. Give the Hon. Member the microphone. I am told we are having challenges with microphones. There you are. Question 64/2023

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Hon. Moses Kirima (Central Imenti, UDA)

Hon. Speaker, I beg to ask the Cabinet Secretary for Lands, Public Works, Housing and Urban Development the following:

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Hon. Speaker

Departmental Committee on Lands. Who is the Chair? Hon. Johana Ng’eno, is he the Chair? Hon. Joash Nyamoko, is he here? Inform him to bring the answer in two weeks. Question 065. Member for Mumias East. Hon. Salasya, ask your Question.

[(Laughter)]

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Hon. Peter Salasya (Mumias East, DAP-K)

Thank you, Hon. Speaker. I have the Question that I wish to ask in the House to the Cabinet Secretary to respond to this issue because everyone is asking about the price of fuel…

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Hon. Speaker

Hon. Salasya, just read the Question.

[(Laughter)]

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Hon. Peter Salasya (Mumias East, DAP-K)

Hon. Speaker, I rise to ask the Cabinet Secretary for Energy and Petroleum the following: Could the Cabinet Secretary—

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Hon. Speaker

No.

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Hon. Peter Salasya (Mumias East, DAP-K)

Okay. Thank you very much.

[(Laughter)]

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Hon. Speaker

Hon. Salasya, once you ask the Question, you wait for the answer. Then your comments and supplementary questions will follow the answers that you will get. Chairperson, Departmental Committee on Energy. Members of the Committee, inform your Chair to bring the answer in two weeks. The next Question is by Hon. Beatrice Adagala, Member for Vihiga County. Question 66/2023

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Hon. Adagala Beatrice (Vihiga County, ANC)

Hon. Speaker, I rise to ask the Cabinet Secretary for Youth Affairs, Sports and Arts the following: Could the Cabinet Secretary –

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Hon. Speaker

Thank you, Hon. Member. Chairperson, Departmental Committee on Sports and Culture has two weeks to give an answer. The next Question is by the Member for Kipkelion East, Hon. Cherorot Kimutai. Give him the microphone. Mama Kericho, songa!

[(Laughter)]

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Hon. Joseph Cherorot (Kipkelion East, UDA)

Hon. Speaker, I rise to ask the Cabinet Secretary for Labour and Social protection the following: Could the Cabinet Secretary –

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Hon. Speaker

Thank you, Hon. Kimutai. Chairperson, Departmental Committee on Labour. Can Members of the Committee inform their Chair on the Question? Thank you. That is the end of Questions. Let us move to Statements now.

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Hon. Speaker

Hon. Members, I will now put the Question on Order No.8. Next Order. Who is moving this Motion?

[(Question put and agreed to)]

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Hon. Rahab Mukami (Nyeri County, UDA)

Thank you, Hon. Speaker.

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Hon. Speaker

Hon. Mukami, before you move the Motion, as I had previously directed, once you move your Motion, it will be debated depending on what comes first. If debate is concluded before 5.30 p.m., we will go straight to the Motion for Adjournment by the Member for Mosop. If Members will still be debating it by 5.30 p.m., we will truncate debate and go to the Motion for Adjournment by the Member for Mosop,…

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Hon. Rahab Mukami (Nyeri County, UDA)

Hon. Speaker, I beg to move the following Motion: THAT, this House notes the Report of the Kenya Delegation to the Pan- African Parliament (PAP) on the Proceedings of the First Ordinary Session of the Sixth Parliament, laid on the Table of the House on Tuesday, 28th February 2023. The First Ordinary Session of the Sixth Pan-African Parliament took place on 23rd October 2022 to 12th November 2022 …

[[The Speaker (Hon. Moses Wetang’ula) left the Chair]]

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Hon. Wanjiku Muhia (Kipipiri, UDA)

On a point of order, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. Farah Maalim)

What is your point of order, Hon. Muhia?

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Hon. Wanjiku Muhia (Kipipiri, UDA)

Hon. Temporary Speaker, I rise under Standing Order 212 (2) (d) to draw your attention and that of the House to the fact that the mandate of the Committee on Regional Integration is to examine the records of all relevant debates and resolution of the meetings of the Pan-African Parliament, the ACP-EU Joint Parliamentary Assembly and other regional integration bodies. It has become the norm in thi…

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The Temporary Speaker (Hon. Farah Maalim)

Ordinarily, the rules are that we have to strictly abide by the Standing Orders of the House. Within the same Standing Orders of the House, when a Member moves a Motion regularly or irregularly, you wait until it is moved and seconded before you can rise on a point of order to contest. Let the Member finish moving the Motion. It will be seconded and then the Chairperson of the Committee on Regiona…

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Hon. Rahab Mukami (Nyeri County, UDA)

Thank you, Hon. Temporary Speaker. During the Session, the Pan-African Parliament undertook the swearing-in of new Members from Burundi, Kenya, Morocco, Mozambique, Somalia and Tanzania. The delegation from Kenya was sworn in on Thursday, 10th November 2022. Additionally, several issues affecting the member states were deliberated, including a Motion calling for cessation of conflict in the Democ…

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Hon. Rahab Mukami (Nyeri County, UDA)

for future performance, this move was aimed at increasing the confidence of African Parliamentarians in the current leadership ability to effectively deliver on its commitment to revive, renew and reposition Africa Supreme Parliamentary body. He underscored the need for African legislators to demonstrate the results of work that PAP was doing in order to win the support of African citizens. He als…

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The Temporary Speaker (Hon. Farah Maalim)

Proceed, Hon. Majimbo.

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Hon. Majimbo Kalasinga (Kabuchai, FORD-K)

Thank you, Hon. Temporary Speaker. I rise to second this Motion based on the importance and duties of the PAP in the African Economic Community (AEC) . It is so dedicated. It brought forward the rules, regulations and the procedure on how to make that treaty that established the AEC to the Pan African Parliament. I also want to come out clear that the role of the PAP is to tackle the essential cha…

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The Temporary Speaker (Hon. Farah Maalim)

Hon. Members, before I propose the Question, I want to listen to Hon. Wanjiku Muhia, the Chair of the Committee on Regional Integration.

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Hon. Wanjiku Muhia (Kipipiri UDA)

Thank you, Hon. Temporary Speaker. If you may recall, two weeks ago in this House, we had a similar Motion. During my debate time, I was on record that it was premature to bring that Motion to the House before it found its way to the Committee that I chair. If you read Standing Order 212 which the Committee on Regional Integration is founded on, particularly 212 (2) (c) and (d) , it is the Committ…

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Hon. Wanjiku Muhia (Kipipiri UDA)

African Parliament, the African, Caribbean and Pacific-European Union Joint Parliamentary Assembly and other regional integration bodies. It is my hope that the drafters of this Standing Order had in mind that this Committee on Regional Integration is purely mandated to interrogate matters on regional integration knowing that all bilateral agreements mainly originate from those joint parliaments. …

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The Temporary Speaker (Hon. Farah Maalim)

Hon. Members, here is an issue that merits a communication from the Chair. Indeed, Standing Order 212 (2) (d) read together with

[(Loud consultations)]

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The Temporary Speaker (Hon. Farah Maalim)

Order Members! I am not going to propose the Question because if I do so, it will become a substantive business of the House. This Report will be taken to the Committee on Regional Integration and then, subsequently, it will be brought to the House, the Question will be proposed, and the matter will be debated. We have Standing Orders in this House and we have committees that are supposed to perfo…

[(Applause)]

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Hon. Millie Odhiambo-Mabona (Suba North, ODM)

On a point of order, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. Farah Maalim)

Hon. Millie Odhiambo, Member of Parliament. I do not know whether it is Suba or Mbita.

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Hon. Millie Odhiambo-Mabona (Suba North, ODM)

It is Suba North. Thank you, Hon. Temporary Speaker for the guidance and clarity that you have given. Indeed, I was a Member of the Pan-African Parliament, and the direction you have given is correct. What I am wondering is: If the Committee is going to examine the Motion and given that it has been moved and seconded, at what point will it come back to the House? Will it be a continuation or the C…

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The Temporary Speaker (Hon. Farah Maalim)

Hon. Opiyo Wandayi, the Leader of the Minority Party.

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Hon. Opiyo Wandayi (Ugunja, ODM)

Hon. Temporary Speaker, to a large extent, I agree with your ruling. You must establish rules and procedures that can stand the test of time. I am very convinced that the Committee that is chaired by Hon. Wanjiku Muhia is capable of doing that examination. My only question is: What would such an examination of a report that has already been put together by a delegation of this House entail? What k…

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The Temporary Speaker (Hon. Farah Maalim)

Hon. Opiyo Wandayi, the Standing Orders were framed. When it comes to laws, Standing Orders, and traditions in this country, let us always go back to the intent, spirit and object of their framers. In our wisdom when we were writing the Standing Orders, we not only said that we should examine the records of all the relevant debates but also inquire into and examine any other matter related. The p…

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The Temporary Speaker (Hon. Farah Maalim)

debate among themselves and only then shall they become substantive business of this House for it to debate from an informed position. That is the object of putting this in our Standing Orders. It is very clear. It says the Committee will enhance the role of the involvement of the House. It is not left entirely to the delegations that went out there. I agree pretty much with what Hon. Millie has s…

[(Loud consultations)]

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Hon. Rozaah Buyu (Kisumu West, ODM)

On a point of order, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. Farah Maalim)

I thought we were putting this matter to rest. Hon. Rozaah Buyu, I will give you an opportunity to raise your last point of order.

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Hon. Rozaah Buyu (Kisumu West, ODM)

Thank you, Hon. Temporary Speaker. I just want to support your ruling because two wrongs do not make a right. Standing Orders were made for Parliament and by Parliament to ensure that our proceedings are in line with what we want to do. The fact that the Chair of the Committee on Regional Integration has brought it out in good time, your ruling is apt. If we are to ensure that Parliament sticks t…

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The Temporary Speaker (Hon. Farah Maalim)

Order, Hon. Members. The Chair had said that we would move to the next Order. There was a little bit of leeway that was given because the matter….

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Hon. Wakili Edward Muriu (Gatanga, UDA)

On a point of order, Hon. Temporary Speaker.

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The Temporary Speaker (Hon. Farah Maalim)

Hon. Wakili Muriu, what exactly is your point of order? I hope it is not on what the Chair has already ruled on. Hon. Wakili Edward Muriu (Gatanga, UDA) : Hon. Temporary Speaker….

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The Temporary Speaker (Hon. Farah Maalim)

Let us also not use this as an intellectual exercise.

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Hon. Wakili Edward Muriu (Gatanga, UDA)

I want to give your hand a better glove on your ruling, bearing the fact that under Standing Order 212 (2) (d) , it is clear. As my colleague— Hon. Buyu—has said, two wrongs do not make a right. This is a House of rules and procedure. The drafters of the Standing Orders were very clear. For a matter to become substantive before this House, the Chair of that Committee must own it and bring it befor…

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Hon. Wakili Edward Muriu (Gatanga, UDA)

I just want to give you a glove on your hand on your ruling on what you have said and support it. Thank you very much.

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The Temporary Speaker (Hon. Farah Maalim)

That was mentioned by Hon. Millie Odhiambo, Member for Suba North. That is an area which I totally agree with you. Order, Hon. Members. We have disposed of that business. If you stand guided, what more guidance do you want? You have already been guided. Go ahead, Hon. Kalasinga. Hon. Majimbo Kalasinga (Kabuchai, FORD-K) : Thank you very much, Hon. Temporary Speaker. I want to thank you for you…

[(Hon. Majimbo Kalasinga spoke off record)]

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The Temporary Speaker (Hon. Farah Maalim)

Noted, Hon. Member.

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The Temporary Speaker (Hon. Farah Maalim)

Order, Hon. Members. The time being 7.00 p.m., this House stands adjourned until tomorrow, Thursday, 23rd March 2023, at