National Assembly · Afternoon Sitting

Hon. Members, I have a Message from the National Security Council seeking approval of multinational security support mission to Haiti. This is a Message from the Executive. Hon. Members, pursuant to the provisions of Standing Order 42 (4) , I wish to convey a Message from the Cabinet Secretary for Interior and National Administration relating to a request for approval of multinational security su…

On a point of order, Hon. Speaker.

Yes, Wandayi.

Hon. Speaker, I seek clarification regarding the Message you have just read. The Standing Orders allow Members of this House to address the Speaker on matters to do with the constitutionality of any business that comes before the House. I have listened keenly to your Message and you have referred the House to Article 240 (8) of the Constitution, which allows the National Security Council, with th…

Yes, Leader of the Majority Party. I can dispose of that issue without your response, but you can go ahead.

Thank you, Hon. Speaker, for that Message. I have listened to what the Leader of the Minority Party portends. One would even argue that we do not have any role in the matter if it is not a constitutional requirement. We must appreciate that the President and the Executive have been very magnanimous. We are the people's representatives, including officers who serve in the National Youth Service (NY…

[(Hon. Adan Keynan spoke off the record)]

Yes, Keynan. I do not want to encourage comments from Members. Hon. Members, I will only allow contributions on controversial matters. This is very straightforward. Hon. Wandayi has clearly misread the Constitution and misdirected his mind. Article 240 of the Constitution is very clear. It states that the National Security Council (NSC) consists of, among others, the Inspector-General of the Natio…

Read it.

Articles 240 (1) and (2) state: “1. There is established a National Security Council.

[(Laughter)]

Hon. Moses Kirima.

Hon. Speaker, I am ready and wish to move the Motion on…

You are not moving any Motion but giving notice of Motion.

Hon. Speaker, I beg to give notice of the following Motion: THAT, aware the stability and growth of a country’s economy is dependent on sustained affordable prices of essential commodities thus allowing for regular uninterrupted consumption of goods and services; further aware that the Price Control Act, 2011 mandates the government, in consultation with relevant industry players, to declare any …

Thank you, Hon. Kirima. Next.

Thank you, Hon. Speaker, for giving me this chance to speak to the House. Pursuant to the provisions of Standing Order 44 (2) (e) , I wish to make a Personal Statement regarding my adverse mention in the dailies concerning the ongoing demolitions in Mavoko Constituency, Machakos County. The circumstances surrounding these demolitions have raised a lot of concern to me and require clarification to…

You are now debating your statement.

I thank you, Hon. Speaker.

You finished reading your statement and that is the end of the matter. Thank you very much.

Hon. Speaker, it is very painful for me.

Hon. Patrick, you have already presented the statement that I approved for you to present to the House.

Hon. Speaker, we are representatives in this House and this is a political process. Today, this is a double wedge. Yesterday, Hon. Ichung’wah was in and out of police stations. Today, it may be me. Let me tell my colleagues in this House that we represent the people, for good or for bad.

Order, Hon. Patrick Makau. Take your seat.

I thank you, Hon. Speaker,

Hon. Makau, I gave you permission to make a personal statement. I looked at the content of the statement and approved it. You have absolutely no authority to debate your own statement. Once you have finished presenting it, it ends there. Next is the Member for Muhoroni.

Thank you very much, Hon. Speaker, for giving me the opportunity. Pursuant to Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Agriculture and Livestock regarding the planned importation of duty-free mill white/brown sugar into the country until April 2024. Kenya’s sugar industry supports over 400,000 farmers and employs nearly ei…

Thank you, Hon. K’Oyoo. Your request for statement is committed to the Department Committee on Agriculture and Livestock. Is Hon. Mutunga here? The Committee should report back within 14 days. Leader of the Majority Party, you can communicate. Hon. Members, we will go back to Order No.2. Proceed, Clerk-at-the-Table.

Hon. Members, the first one is a guide on authority to retake the Motion for Adjournment of the House pursuant to Standing Order 33 by the Member for Kathiani, Hon. Robert Mbui. Standing Order 33 (b) provides that any Member of the House may, with the support of at least 20 Members, seek leave to move the adjournment of the House for the purpose of discussing a definite matter of urgent national …

Hon. Members, in acceding to the request, I made due consideration to the fact that the Motion contains matters currently affecting the people and which if unattended, maybe detrimental to orderly conduct of operations in the country including within the land sector. This is especially so noting more recent court rulings relating to land occupation and ownership in parts of Nairobi City County. I…

[(Applause)]

Committee of the whole House on the Kenya Drugs Authority Bill, National Assembly Bill No.42 of 2022, commenced yesterday and progressed up to Clause 22. As you are aware, the resumption of the Committee of the whole House during today’s Morning Sitting was interrupted due to lack of quorum. The same business is scheduled to resume in this Sitting as listed under Order No.11 of today’s Order Paper…

[(Applause)]

[(Applause)]

On a point of order, Hon. Speaker.

Yes, Hon. Pukose.

Thank you, Hon. Speaker, for your ruling and guidance. This Bill initially was my Bill but it got interest from both the Ministry and the Government and, therefore, this Bill was converted into a Committee Bill. This allowed the Government to make amendments to the Bill so that it is able to capture the Pharmacy and Poisons Board restructuring, making it a Level 3 facility. This is to allow Kenya …

You are recusing yourself from chairing to the extent that even if it is a Committee Bill, it has largely been associated with you as the promoter. Fairness requires that you participate in the winnowing process, but let your Vice-Chairman chair the Committee,

so that you do not get yourself in any uncomfortable situation of conflict of interest or defending a position, like you would naturally do, where you ought not to do. Is that clear?

Well guided.

[(Hon. Kimani Ichung’wah consulted with Dr Robert Pukose)]

Order, Leader of the Majority Party. I want to make another communication.

Order, Hon. Members! Take your seats, Hon. Members. The House has not risen. Hon. Members I will now put the Question on Order No.8. Next Order.

[(Question put and agreed to)]

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

Order, Hon. Members! Take your seats. Commissioner Makau, take your seat. Hon. Members, I will now put the Question on Order No. 9. Next Order.

[(Question put and agreed to)]

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

Where is the Chairman of the Select Committee on the National Government Constituencies Development Fund? Hon. Musa Sirma.

The Leader of the Majority Party. It is your Motion, Hon. Musa Sirma

Hon. Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the National Government Constituency Development Fund on the nominee for appointment to the National Government Constituency Development Fund Committee for Tiaty Constituency, laid on the Table of the House on Wednesday, October 25, 2023, and pursuant to the provisions of Section 43 (4) of the National Governm…

Thank you, Hon. Deputy Speaker. You know, the NG-CDF has done a lot in this country. I want to congratulate the Chair of the Select

Put the Question.

I am to propose the Question.

[(Question proposed)]

Hon. Members, the mood of the House is that I put the Question. Next Order.

[(Question put and agreed to)]

THAT, Clause 3 of the Bill be amended in the proposed new Section 67H (1) by deleting the word “shareholder,” appearing at the beginning of the sub-clause. Just for the comfort of the House, this is the only amendment to the Insurance (Amendment) Bill. We propose to delete the word “shareholder” from sub-clause (1) and leave it as “Any director, principal officer or management staff of an insurer……

[(Question of the amendment proposed)]

[(Hon. Omboko Milemba)]

Thank you very much, Hon. Temporary Chairman. I support the amendment. This also came out during the Second Reading. We are enhancing accountability in insurance companies. I support the amendment. The Temporary Chairman : Yes, Leader of the Majority Party. Do you want to speak to this?

[(Hon. Omboko Milemba)]

Yes. The Temporary Chairman : Proceed.

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. I rise to support this amendment. As I said during the Second Reading, if we include shareholders, we will hold innocent people to account for things that they had no control of. I may own a single share or 10 shares in an insurance company but the management and directors of the company are the ones in charge of the day-to-day running of the company. Therefore,…

[(Hon. Omboko Milemba)]

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

[(Clause 3 as amended agreed to)]

[(Clauses 4 and 5 agreed to)]

[(Clause 1 agreed to)]

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, I beg to move that the House reports its consideration of the Insurance (Amendment) Bill (National Assembly Bill No.18 of 2023) and its approval thereof with amendment.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

I am very sorry, Members. To err is human. Proceed, Hon. Chairperson.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Insurance (Amendment) Bill (National Assembly Bill No.18 of 2023) and approved the same with amendment.

Mover.

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

Hon. Melly.

Thank you, Hon. Temporary Speaker. I second. Insurance is a very important aspect of the national economy. Functional insurance companies give assurance to financial institutions and money markets to function well. A country without a strong insurance industry covering the medical, financial or commercial sectors will have a shaky financial system. I thank the Chairperson for bringing this amendme…

Did you second? Give him the microphone.

I seconded before I even contributed. Is there any Member who seeks to speak to this? Hon. Makali Mulu.

[(Question proposed)]

Hon. Temporary Speaker, I just wanted to thank the Committee for this important amendment to the Insurance Act. We all agree that insurance is very important in this country. Insurance is one of the key players in our economy. It provides a lot of employment to our young people. It is also a major contributor to our GDP. As the Chair said, it is the right direction when we want to push for serious…

Hon. Pukose.

Thank you for allowing me to contribute. From the outset, I support the amendments done by the Committee. I thank the Committee of the whole House for accepting those amendments. Just as the Member for Kitui Central has put it, insurance companies are very aggressive. You will find them approaching you or calling even ten times to sell their products. When it comes to paying claims, it becomes a v…

those issues. It will also make sure we reap benefits when we invest in the various products marketed by the insurance companies. With those few remarks, I support.

Thank you, Dr Pukose. The last is Hon. Beatrice Elachi. Hon. Members, the next Order is very serious. It requires the participation of everyone. I urge Members to stay within the Chamber.

Thank you, Hon. Temporary Speaker. I also want to support this amendment and thank the Departmental Committee on Finance and National Planning, especially the Chair. He has been very consistent in every agenda that he brings to the House. More importantly, we have Kenyans watching. Wherever they are, they are praying about their monies taken by lawyers that have been paid but clients have never re…

Thank you.

[(Question put and agreed to)]

Hon. Temporary Speaker, I beg to move that the Insurance (Amendment) Bill (National Assembly Bill No.18 of 2023) be now read a Third Time. I also request honourable mwalimu of Kibra to second.

Thank you, Hon. Temporary Speaker. I second

[(Question proposed)]

Put the Question.

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

Yes.

Hon. Members, I have confirmed that the House properly constitutes to make a decision. Essentially, we have the necessary quorum.

[(Question put and agreed)]

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

Next Order. Second Reading