National Assembly · Afternoon Sitting

Thank you. Chairperson of the Public Investments Committee on Social Services, Administration and Agriculture, Hon. Wangwe Emmanuel.

Hon. Speaker, I beg to lay the following Paper on the Table: First Report of the Public Investments Committee on Social Services, Administration and Agriculture on its consideration of the report of the Auditor- General on 23 non-compliant State corporations.

Thank you. Next is the Chairperson of the Departmental Committee on Labour, Hon. Karemba.

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

Thank you. Next Order.

The Chairperson, Public Investments Committee on Social Services, Administration and Agriculture, Hon. Emmanuel Wangwe.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Public Investments Committee on Social Services, Administration and Agriculture on its consideration of the

Thank you. Clerk-at-the-Table, hold the next Order. Okay. Hon. Mary Emaase, I had given you permission to move a Motion of Adjournment if you get the requisite support. We will allocate you time tomorrow. Go ahead.

[(Hon. Speaker consulted with the Clerk-at-the-Table)]

Thank you, Hon. Speaker. Pursuant to Standing Order 33 (1) , I seek leave for the adjournment of the House for purposes of discussing a definite matter of urgent national importance regarding insecurity and killing of bodaboda riders and businesspeople in Teso South Constituency and other parts of the country. Hon. Speaker, insecurity and targeted killing of bodaboda riders has been on the rise i…

The spate of killings of bodaboda riders is making business a death trap, not just in Teso South Constituency but also in other parts of the country. In the last one month, at least eight people have been killed and robbed of motorcycles while 50 others have been injured. Among those who have fallen prey to this scheme are:

[(Loud consultations)]

You have enough numbers. Hon. Members, take your seats. Hon. Deputy Speaker, please approach the Chair.

[(Hon. Deputy Speaker approached the Chair)]

Thank you, Hon. Speaker.

Hon. Emaase, we will allocate you time to move your Motion tomorrow at 5.30 p.m.

On a point of order, Hon. Speaker.

What is out of order?

Hon. Speaker, I thank you very much for the opportunity. I need your direction because this House has never thrown its hands in the air as a symbol of surrender when called upon to act. Last week, I managed to be in the village for the better part of the week and the number of university students who were trickling into my home from morning to evening with letters of admission was mind-boggling. …

Order, Hon. Okello. If you want to make a Statement, you approach the Chair and seek concurrence. We are on Notices of Motions and now you are making a statement that should come at the next order.

I stand guided.

If you have a statement to make, you approach the Chair as a matter of courtesy because under the guise of a point of order, you have gone on a totally different tangent.

I am sorry. I stand guided, Hon. Speaker.

Thank you, my friend. Next Order.

Thank you, Hon. Speaker. Pursuant to Standing Order 43 (1) , I wish to make a General Statement regarding the untimely passing on of Hon. Jonathan Katana Ndzai, former Member of Parliament for Malindi North, currently Magarini Constituency in Kilifi County. He served from 1983 to 1997 on a KANU ticket. Hon. Speaker, it is with deep shock that I learnt of the untimely demise of my mentor and frien…

His dutifulness made him stand out among peers thereby earning him admiration that elevated him to being elected three times to Parliament. His passing on marks a dark moment not only to his family but for the people of Magarini, Kilifi County and the country at large. Kenya has lost a former candid legislator, devoted public servant, hardworking leader and a true son who endeavoured to give every…

It shall be so. Hon. Members be up-standing. Hon. Wanjala, this is a solemn moment. Thank you, Hon. Members. I served with Hon. Katana Ndzai in the 7th Parliament. He was a wonderful representative of his people and a very active Member of this House. That was the time when there were no committees. The only arena for expression was the Floor of the House. He did his job well. Next is the Chairp…

[(Hon. Members stood in their places)]

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (d) , and as the Chairperson of the Departmental Committee on Social Protection, I rise to make a Statement regarding the upcoming mass registration of beneficiaries of the Inua Jamii Cash Transfer Programme in all constituencies in the country. The State Department for Social Protection and Senior Citizens Affairs is responsible f…

The exercise will be coordinated by officers from the Directorate of Social Development, the Directorate of Children Services, and the National Council for Persons with Disabilities (NCPWD) at regional, county, and sub-county offices supported by established community structures. To this end, I urge all Members of this House to take this noble exercise seriously and support it fully to ensure tha…

Thank you, Hon. Alice. Hon. Members, before we go to the next Order, allow me to acknowledge students from Tinderet Educational Centre from Tinderet Constituency in Nandi County in the Speaker’s Gallery. In the Public Gallery, we have students from AIC Cheribisi Primary School from Emgwen Constituency in Nandi County; Kabianga Primary School from Belgut Constituency in Kericho County; and Joel Omi…

[(Hon. Josses Lelmengit spoke off-record.)]

Okay. Welcome the students on behalf of Members.

Thank you, Hon. Speaker, for this chance. I would like to welcome students from AIC Cheribisi Primary School. On behalf of Members, I welcome the other schools that have been mentioned. I want to single out and appreciate the headteacher of AIC Cheribisi Primary School, Mr. Chumba, for the exemplary work that he has done. The AIC Cheribisi Primary School performs very well. I commend them for the …

Thank you. Call out Order No.8. What is out of order, Hon. Bedzimba?

Ahsante sana, Mhe. Spika, kwa kutupatia nafasi ya kusema pole kwa ndugu, jamaa na marafiki wa Mhe. Ndzai. Ninaomba utupatie nafasi tutoe rambirambi zetu.

Tumemaliza hayo, ndugu yangu. Tumempatia heshima ambayo anastahili kwa kusimama kimya kwa dakika mbili.

Ahsante sana, Mhe. Spika. Pia mimi ninasema pole.

Tunakubaliana na Mhe. Kombe ambaye alitoa rambirambi kwa niaba yetu. Tunamuombea Mhe. Katana Ndzai alazwe mahali pema. Sawa sawa?

On a point of order.

What is out of order, Hon. Gertrude? I hope it is not on the same matter.

Hon. Speaker, I wanted to bring a matter to your attention. Members of Parliament are being frisked at the entry of Parliament in front of students. Serjeant-at-Arms should respect us.

Which entry?

At the entry of the Chamber. I have complained about the matter severally. It is not respectful for Serjeant-at-Arms to frisk female Members of Parliament. Gadgets can be used to frisk and check our handbags. Serjeant- at-Arms should not use their hands to do so. As we break for recess, Serjeant-at-Arms should buy a machine for security checks. They should not use their hands. I am disappointed.

Hon. Member for Kilifi, we agreed here that we would sustain certain inconveniences for our security. We also agreed that the Serjeant-at-Arms Office will be checking us for our sake. I told you that a bomber killed the entire Parliament of Lebanon in

[(Laughter) (Loud consultations)]

[(Laughter)]

[(Laughter)]

Hon. Temporary Chairman, I beg to move that the proposed New Section 4A to the Law Society of Kenya Act be now read a Second Time. The Temporary Chairman : Hon. Millie.

[(New section was read the First Time)]

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

[(Hon. David Ochieng’)]

Thank you, Hon. Temporary Chairman. I just want to request that, for purposes of the future, we should get paginated documents. I want to make reference and seek clarity from the Chairperson. I do not know whether it is the Advocates Act that talks about advocate-client confidentiality and how it relates with this provision. Unfortunately, because of the way the document is organised, I do not kno…

[(Hon. David Ochieng’)]

Hon. Temporary Chairman, let me commend the Chairperson of the Departmental Committee on Justice and Legal Affairs Committee because he is always a truthful man, as senior as he is. Today, he has given evidence that he surely is truthful. He has moved amendments. Let us also speak to the public and lawyers out there so that they understand where we are. That in this case, there are exceptions, to…

[(Hon. David Ochieng’)]

[(Loud consultations)]

Thank you. Let me answer those questions. As regards the last one, if you look at the extradition… Sorry. Let me get tipping off. The Temporary Chairman : Chairman, as you look for your notes, I will allow Hon. Shakeel one minute.

[(Hon. David Ochieng’)]

Yes. As he does that I will…

Hon. Temporary Chairman, thank you for allowing me to speak. This particular issue of confidentiality caused a big problem in the last parliament, especially towards December. When we went to the Conference of the State Parties to the United Nations, a particular proposal had been put. Kenya was one of the few countries that had been targeted, that had not been able to satisfy the requirements. K…

of being put on a grey list. However, with the wisdom of Parliament and the Speaker at the time, we passed that particular amendment or clarification that Hon. Kajwang’ and the Chairman of JLAC are now talking about. That saved us. As far as the Anti-corruption Act, the Anti-corruption Movement, and the Conference of State Parties… The Temporary Chairman (Hon. David Ochieng’): Hon. Shakeel, 30 se…

Yes, Sir. The Conference of State Parties in the issue of anti-corruption and that of confidentiality had caused a big problem. But it was then sorted out from the point of view that the Chairman is now presenting. I support it and I suggest that we make it very clear that Kenya is very much in line with the requirements of the United Nations Convention Against Corruption (UNCAC) declaration on co…

[(Hon. David Ochieng’)]

Thank you very much. The proposed sub paragraph 4 is to be found in the amendment we made in regards to the Schedule. The law is the Proceeds of Crime and Anti-Money Laundering Act No.9 of 2009, Section 8 (4) . It says that the act of the lawyer, notary or other independent legal professionals seeking to dissuade telling a client not to do what is wrong in engaging in an illegal activity, does not…

[(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)]

[(Clause 2 agreed to)]

[(Clause 1 agreed to)]

[(Hon. David Ochieng’)]

I beg to move that the Committee do report to the House its consideration to the Anti-Money Laundering and Combating of Terrorism Financing Laws Amendment Bill (National Assembly) Bill No.35 of 2023 and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

The Temporary Chairman (Hon. David Ochieng’): Hon. Members, thank you very much. We have finished the Anti-Money Laundering and Combating Terrorism Financial Laws Amendment Bill (National Assembly) Bill No.35 of 2023.Let us now move to the next Bill, which is the Food and Feeds Control (Amendment Bill) Bill No.21 of 2023.

[[The Temporary Chairman (Hon. David Ochieng’ left the Chair] [The Temporary Chairlady (Hon. Martha Wangari) took the Chair]]

The proposed amendment by Hon. Millie is also withdrawn. (Proposed amendment by Hon. Millie Odhiambo withdrawn) (Title agreed to) Clause 1

Mover, initiate the process of reporting to plenary the consideration of the Food and Feed Safety Control Coordination Bill by the Committee of the whole House.

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Food and Feed Safety Control Coordination Bill (National Assembly Bill No.21 of 2023) and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

I call upon the Chairperson to report on the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly Bill No.35 of 2023) .

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly No.35 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. Beatrice Adagala to second the Motion for agreement with the Report of the Committee of the whole House.

Hon. Beatrice Adagala. Please give her the microphone.

Hon. Temporary Speaker, I second.

[(Question proposed)]

[(Question put and agreed)]

Leader of the Majority Party, you are moving Third Reading of the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly Bill No.35 of 2023) .

Hon. Temporary Speaker, I beg to move that the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly Bill No.35 of 2023) be now read a Third Time. I request Hon. Komingoi to second.

Please give him the microphone, even if he is just bowing.

I second.

Thank you.

[(Question proposed)]

[(Question put and agreed to)]

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

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Food and Feed Safety Control Coordination Bill (National Assembly Bill No.21 of 2023) and approved the same with amendments.

Thank you, Chairlady. Leader of the Majority Party.

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

Hon. Temporary Speaker, I second.

[(Question proposed)]

[(Question put and agreed to)]

Hon. Temporary Speaker, I beg to move that the Food and Feed Safety Control Coordination Bill (National Assembly Bill No.21 of

I second.

[(Question proposed)]

Put the Question!

Hon. Members, having confirmed that we have quorum, I proceed to put the Question.

[(Question put and agreed to)]

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

Chairman of the Departmental Committee on Blue Economy, Water and Irrigation.

Hon. Temporary Chairlady, I beg to move: THAT, Clause 5 of the Bill be amended in the proposed new Section 68A—

Thank you, Chairman. Clause 8

[(Question of the amendment proposed)]

[(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)]

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

[(Clause 5 as amended agreed to)]

[(Clauses 6 and 7 agreed to)]

Chairman of the Departmental Committee on Blue Economy, Water and Irrigation.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 8 and substituting therefor the following new clause—

Thank you. Clause 9

[(Question of the amendment proposed)]

[(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)]

[(Clause 8 as amended agreed to)]

Hon. Temporary Chairlady, I beg to move: THAT, the Bill be amended by deleting clause 9 and substituting therefor the following new clause— Amendment of section 93 of No. 43 of 2016.

Thank you. New Clause 11 THAT, the Bill be amended by inserting the following new clauses immediately after clause 10—

[(Question of the amendment proposed)]

[(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)]

[(Clause 9 as amended agreed to)]

[(Clause 10 agreed to)]

Chairman of the Departmental Committee on Blue Economy, Water and Irrigation, move Second Reading of the new clause.

Hon. Temporary Chairlady, I beg to move that the New Clause 11 be now read a Second Time. Amendment of section 114 of No. 43 of 2016.

Hon. Temporary Chairlady, the importance of this amendment is that the Water Trust Fund can currently give grants to the county governments. Projects are being carried out by water development agencies. The Water Trust Fund should also support them. (Question, that the new clause be read a Second Time, proposed) (Question, that the new clause be read a Second Time, put and agreed to) (Question, t…

Hon. Temporary Chairlady, I beg to move that the Bill be amended by inserting the following new Clause 12 – Repeal and replacement of section 119 of No. 43 of 2016.

Hon. Temporary Chairlady, I beg to move that the new clause be read a Second Time. Hon. Temporary Chairlady, the purpose of this amendment is to operationalise the Water Tribunal, which currently only provides for the chairperson without membership. Clause 2

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

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

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

THAT, Clause 2 of the Bill be amended by inserting the following new paragraph immediately after paragraph (a) — (aa) by deleting the definition of “bulk water” and substituting therefor with the following new definition— “bulk water” means supply of water in bulk by a water works development agency or the Water Storage Authority to water service providers for retail; The purpose of this amend…

[(Question of the amendment proposed)]

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

[(Clause 2 as amended agreed to)]

[(Clause 1 agreed to)]

Hon. Chairperson, I beg to move that the Committee do report to the House its consideration of the Water (Amendment) Bill (National Assembly Bill No.33 of 2023) and its approval thereof with amendments. (Question put and agreed

[(Question proposed)]

[(The House resumed)]

I call upon the presiding Chairperson of the Committee of the whole House to report to the House on the outcome of its consideration of the Water (Amendment) Bill (National Assembly Bill No.33 of 2023) .

Hon. Temporary Speaker, I beg report that the Committee of the whole House has considered the Water (Amendment) Bill (National Assembly Bill No.33 of 2023) and approved the same with amendments.

Thank you, presiding Chair. Leader of the Majority Party.

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee on the said Report. I request Hon. Beatrice Kemei to second the Motion of agreement with the Report of the Committee of the whole House.

Hon. Beatrice Kemei.

Hon. Temporary Speaker, I second.

Thank you, Hon. Beatrice Kemei.

[(Question proposed)]

Put the Question!

[(Question put and agreed to)]

(National Assembly Bill No.33 of 2023)

Hon. Temporary Speaker, I beg to move that the Water (Amendment) Bill (National Assembly Bill No.33 of 2023) be now read a Third Time. I request Hon. Gideon Kimaiyo, who has just walked in, to second.

Hon. Gideon.

Hon. Temporary Speaker, I second.

Thank you very much.

[(Question proposed)]

Can I go ahead and put the Question?

Yes!

[(Question put and agreed to)]

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

Thank you. Next Order.