National Assembly · Morning Sitting

Wednesday, 23 August 2023

Session Summary

Members discussed the Blue Economy visit to Ngomeni, urging the Italian Satellite Centre to provide a water kiosk for the local community. A procedural motion was moved and passed to exempt Order No.14, allowing debate on the Climate Change Amendment, Anti‑Money Laundering, and Food Safety Bills, which sparked objections about rushed legislation and the marginalisation of minority and private‑members’ business. Several members highlighted concerns over adherence to standing orders and the need for minority voices to be heard. Members debated an amendment to define the Law Society of Kenya as a self‑regulatory body and proposed changes to the Proceeds of Crime and Anti‑Money Laundering Act to clarify lawyers' professional secrecy obligations. The House also reported on and approved the Climate Change (Amendment) Bill after committee consideration. The discussion was marked by procedural cooperation but included brief criticism and cautionary remarks. Members clashed over procedural matters, with Hon. Millie Odhiambo challenging the Deputy Speaker and the Leader of the Majority Party on points of order and amendment handling. The debate featured accusations of filibustering, calls for strict adherence to standing orders, and intermittent humor. Tensions centered on the pace of business and members’ conduct.

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Hon. Deputy Speaker

I direct that the Quorum Bell be rung for 10 minutes. Hon. Members, we now have quorum. We may proceed. Hon. Members, we are going to begin the Sitting. Hon. Kamket, you should now break up your kamukunji. Let us proceed. Order, Hon. Didmus Barasa.

[(The Quorum Bell was rung)]

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Hon. Deputy Speaker

Chairperson, Departmental Committee on Blue Economy, Water and Irrigation, Hon. Bowen Kangogo.

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Hon. Kangogo Bowen (Marakwet East, UDA)

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

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Hon. Deputy Speaker

Next is the Chairperson of the Departmental Committee on Environment. Do you have a Paper? Proceed, Hon. Gikaria.

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Hon. David Gikaria (Nakuru Town East, UDA)

Hon. Deputy Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Environment, Forestry and Mining on its consideration of the National Climate Change (Amendment) Bill (National Assembly Bill No.42 of 2023) Thank you, Hon. Deputy Speaker.

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Hon. Deputy Speaker

Next Order. Hon. Chairman, I noticed that you have a Paper to table.

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Hon. Wachira Karani (Laikipia West, UDA)

Yes.

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Hon. Deputy Speaker

Proceed.

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Hon. Wachira Karani (Laikipia West, UDA)

Hon. Deputy Speaker, I beg to lay the following Paper on the Table: Report of the Select Committee on Members’ Services and Facilities on its study visit to the House of Commons, United Kingdom from 6th to 13th May 2023.

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Hon. Deputy Speaker

Next Order.

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Hon. Deputy Speaker

Chairperson, Select Committee on Implementation.

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Hon. Raphael Wanjala (Budalangi, ODM)

Hon. Deputy Speaker, I rise to issue a Statement to the House regarding the implementation status of the Agreement between the Government of the Republic of Kenya and the Government of the Italian Republic on the Luigi- Broglio Malindi Space Centre, as requested by Hon. Owen Baya, Member for Kilifi North Constituency on Tuesday 13th June 2023. The matter seems to have taken inordinately long to re…

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Hon. Owen Baya (Kilifi North, UDA)

Thank you, Hon. Deputy Speaker. I want to thank the Chairperson of the Committee on Implementation for the work they are doing. I requested the Statement on the premise that the Luigi-Broglio Space Centre has been there for many years but has not benefited the people of Malindi, specifically the residents of Ngomeni in Magarini Constituency, where the Space Centre is situated. Ngomeni is still a v…

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Hon. Owen Baya (Kilifi North, UDA)

the two weeks you have asked for, I am sure you will unearth these issues and ensure that the people of Ngomeni in Magarini Constituency benefit from the Luigi-Broglio Space Centre. Thank you, Hon. Deputy Speaker.

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Hon. Deputy Speaker

Hon. Bowen.

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Hon. Kangogo Bowen (Marakwet East, UDA)

Thank you, Hon. Deputy Speaker. I want to appreciate the Chairperson for the Report. The Departmental Committee on Blue Economy and Irrigation visited Ngomeni to see the landing site around that area. Before getting to the site, we passed the Italian Satellite Centre. We were there for some days. The community around that Space Station is among the poorest in Kenya. There is no tarmac road to Ngom…

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Hon. Deputy Speaker

Let us proceed to the next order.

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Hon. Deputy Speaker

prevention and control of cancer; this House resolves that the Government, through the National Treasury, establish a National Cancer Prevention and Control Fund to promote prevention, control, and treatment of cancer in the country.

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Hon. Deputy Speaker

What is your point of order, Hon. Wangwe?

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Hon. Emmanuel Wangwe (Navakholo, ODM)

Thank you, Hon. Deputy Speaker. I rise on a point of order to seek clarification on whether the Chief Whip of the Majority Party and the Chairperson of the Committee on Delegated Legislation are in order to continue talking while you are on your feet. Are they exempt from the decision that the House has just made? What is the implication of their actions?

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Hon. Deputy Speaker

Let us proceed. They have noted your advice. Next Order.

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Hon. Deputy Speaker

negative effects of poor sanitation, such as parasite infestations, particularly among school children lead to anaemia, stunted-growth and other salient problems which in turn lead to low school attendance and impact education standards; recognising that according to research, school-based deworming is one of the most cost effective interventions that provides a huge range of holistic and social b…

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Hon. Deputy Speaker

I am sorry, Hon. Members. My Order Paper seems to have been mixed up. It is different from the one everyone else has. Next Order.

[(Question put and agreed to)]

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

Thank you, Hon. Deputy Speaker, for giving me this opportunity. As we move to Order No.14 on the Committee of the whole House, I rise to seek your guidance. The first Bill for consideration is the Climate Change (Amendment) Bill. The Second Reading of that Bill happened yesterday afternoon. It was concluded towards

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Hon. Deputy Speaker

I want to explain that your amendments came after the Order Paper had been printed but were approved.

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

Thank you very much. Can the amendments be moved on the Floor of the House?

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Hon. Deputy Speaker

Yes.

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

Hon. Deputy Speaker, while I thank you for that…

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Hon. Deputy Speaker

Many Members have brought their amendments despite your argument that there was insufficient time to do so. I was surprised I had ten amendments on my desk for approval early this morning by 8:00 a.m.

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

Thank you very much, Hon. Deputy Speaker. I like that. Thank you for approving them out of time, which is good. Let us not run the House in such a way that sometimes, even from the important seat of the Speaker, we have to do things that are out of order because we do not follow the procedure. Thank you for that, but we can see a trend that will make it difficult. Let me make a point.

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Hon. Deputy Speaker

Hon. Nyikal, you are misleading the House.

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

Hon. Deputy Speaker, I have thanked you. However, let me make this point.

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Hon. Deputy Speaker

Hon. Nyikal, you are misleading the House. None of those amendments were approved out of time. They were within time. I said that your amendments were approved after printing the Order Paper. What you are canvassing has already been overtaken by events.

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

Hon. Deputy Speaker, I agree with you. Let me make one last point. Thank you again. Super majority is good because it can make the Executive do a lot of good things for the country in good time. However, it is a double-edged sword. It can also make the Executive do many bad things very quickly in a situation like this. I thank you for this particular one but keep in mind the procedure.

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Hon. Deputy Speaker

We stick to the process at all times. Let us move to the next Order.

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

On a point of order, Hon. Deputy Speaker.

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Hon. Deputy Speaker

What is your point of order, Hon. Millie? At least, you are being polite now. Proceed.

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

Hon. Deputy Speaker, you need to understand that God endowed us very differently. Some people speak softly, but some of us do not do so. My loud voice is not a sign of rudeness. It is just the way I was born. Please, get used to my loud voice. I want to determine whether my amendments to the Climate Change (Amendment) Bill and the Food and Feed Safety Control Coordination Bill are in the Order Pa…

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Hon. Deputy Speaker

I must congratulate you. I approved them very early this morning.

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

Thank you, Hon. Deputy Speaker.

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Hon. Deputy Speaker

Hon. Nyikal, you can see that Members are active. They all brought their amendments despite the short time.

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

I did not have the time to propose amendments to the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill. Finally, for the record, sometimes things are not put in order. I want to remind the Member for Ainabkoi that I am senior. As a lawyer, you know what it means. I was sworn in before him. I am his senior. I have been a litigation counsel in the State Law Office, th…

[(Laughter)]

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Hon. Deputy Speaker

Thank you. Hon. Members, allow me to recognise visitors in the Public Gallery. We have members of a church group, Neno Evangelism, from Laikipia West Constituency, Laikipia County; and members of the Higher Calling Church Group from Laikipia West, Laikipia County. I also wish to recognise - seated in the Speaker’s Gallery - students and teachers of St. Joseph’s Primary School from Dagoretti South …

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

The Chairperson to report on the Climate Change (Amendment) Bill (National Assembly Bill No.42 of 2023) .

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Hon. David Ochieng’ (Ugenya, MDG)

Thank you very much, Hon. Temporary Speaker. I beg to report that the Committee of the whole House has considered the Climate Change (Amendment) Bill (National Assembly Bill No.42 of 2023) and approved the same with amendments.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Mover.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

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

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Hon. Naomi Waqo (Marsabit County, UDA)

Hon. Temporary Speaker, I second.

[(Question proposed)]

[(Question put and agreed to)]

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Mover to move the Third Reading.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Speaker, I beg to move that the Climate Change (Amendment) Bill (National Assembly Bill No.42 of 2023) be now read a Third Time. I request Hon. Prof. Bartoo to second.

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Hon. Phylis Bartoo (Moiben, UDA)

Hon. Temporary Speaker, I second.

[(Question proposed)]

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Kajwang’.

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Hon. TJ Kajwang’ (Ruaraka, ODM)

Hon. Temporary Speaker, sometimes being a senior person is not good enough. The Leader of the Majority Party knows that we do not have quorum. Let us handle the Third Reading when we have quorum. I am a bit senior to raise that but it is a fact. I think we need to deal with it before we…

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Take your seat Hon. Kajwang’. I was just going to say that putting of the Question will be done in another sitting as will be scheduled by the House Business Committee (HBC) .

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Hon. Chairperson, you may now move the reporting on the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly Bill No.35 of 2023) .

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Hon. David Ochieng’ (Ugenya, MDG)

Thank you very much, 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 Bill No.35 of 2023) up to the provisions relating to the Proceeds of Crime and Anti- Money Laundering Act of 2009 and approved the same with amendments and seeks leave to sit again.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Mover.

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

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

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Hon. Kangogo Bowen (Marsabit East, UDA)

I second.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Thank you very much, Hon. Kangogo.

[(Question proposed)]

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Hon. Members

Put the Question!

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Is it the mood of the House that I put the question?

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Hon. Members

Yes!

[(Question put and agreed to)]

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Thank you, Hon. Members. The time being 1.05 p.m., this House stands adjourned until this afternoon at 2.30 p.m. The House rose at 1.05 p.m.

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The Temporary Speaker (Hon. (Dr) Rachael Nyamai)

Published by Clerk of the National Assembly Parliament Buildings Nairobi