National Assembly · Morning Sitting

Next Order.

This Bill has a balance of two hours and 43 minutes. Could the Clerks-at-the-Table confirm whether anyone was on their feet and whether it was seconded? I will give the first opportunity to the Member for Mbeere North, Hon. Geoffrey Ruku. Hon. Murugara, do you have an intervention? Member for Mbeere North.

[(Hon. George Murugara spoke off-record)]

Thank you, Hon. Temporary Speaker. I rise to support this amendment Bill by Hon. David Gikaria. The Penal Code needs to be aligned with the letter and intent of the Constitution of Kenya, 2010. Most clauses in the Public Order Act are not aligned with the Constitution and it is good that the Member has noted the need to amend the Act to ensure that some misdemeanours within our society are well t…

Thank you. Member for Tharaka.

Thank you very much, Hon. Temporary Speaker. I rise to support the proposed amendment to the Penal Code Act by Hon. David Gikaria, with the sole intention of repealing Section 182 of the Penal Code, which is Chapter 63 of the Laws of Kenya. When we were law students, there was a cluster of laws that we would call “anachronistic cobweb” of laws derived from the colonial government, some of them th…

they used to be laws in another country, and by virtue of some date in our laws, they became applicable to our country. What exactly are we talking about when we refer to “idle and disorderly persons?” The idea of introducing Section 182 of the Constitution through Act No.40 of 1952 was to stop Africans from gathering in a manner that the white man could not understand. This was during the State …

Thank you. Hon. Phylis Bartoo, Member for Moiben, are you willing to speak to this one? All right, let us hear Hon. Joseph Munyoro, Member for Kigumo.

[(Hon. Phylis Bartoo spoke off the record)]

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute.

I rise to support the Bill by Hon. Gikaria on repealing of the Penal Code, especially on the issue of being idle and disorderly - which cannot be defined properly. It is abused, especially to arrest our young people in shopping centres. Being jobless does not mean you are idle and disorderly. As Hon. Murugara has said, these are laws which were basically meant to emasculate the black person during…

Member for Kiambaa, Hon. John Kawanjiku.

Thank you, Hon. Temporary Speaker. I also rise to support the repeal of the Penal Code. We have dealt with traditional and colonial laws that were imposed on us for a long time. It is high time for us, as a country, to sit down and repeal the Penal Code because of our society, the civilization that is coming around and population density. There is the issue of gathering. How do we define some of …

Hon. Njeri Maina, Member for Kirinyaga.

Thank you, Hon. Temporary Speaker. I was just telling Hon. Ruku that he needs to vacate, so that I can address the House. As a

Member of the Departmental Committee on Justice and Legal Affairs, I rise to support repealing of the Penal Code in collective nature. I remember when I was a young student at the University of Nairobi, sometimes you would just be walking from the main campus to the Law School and some police officers would bundle you into their car and say that you were loitering or walking in a disorderly manne…

Member for Kitui West, Hon. Nyenze. Member for Sirisia, Hon. Waluke. He is also not in the House. I have been told that Hon. Nyenze had spoken to this Bill. There being no further interest in this Bill, we will close debate. The Mover will be called upon to reply.

Member for Marakwet West, Hon. Timothy Toroitich. consulted the Clerk-at-the-Table) Hon. Members, Order No. 11 will not be handled now. Next Order.

[(The Temporary Speaker (Hon. Martha Wangari)]

THAT, aware that, Article 53 of the Constitution provides for the rights of children, including the right to free and compulsory basic education; further aware that section 22 of the Persons Deprived of Liberty Act and the Childcare Policy provides for the care of a child whose parent is deprived of liberty until the child attains the age of four years; recognizing that children above the age of f…

Hon. Members, the Member who is supposed to move this Motion, Hon. Brighton Yegon, is not in the House. Hon. Members, if you have a Motion on the Order Paper be in the House or write to the Hon. Speaker to seek leave of absence.

Hon. Machua Waithaka is also not in the House.

THAT, aware that, Article 42 of the Constitution provides for the right of every person to a clean and healthy environment; further aware that Article 69 of the Constitution obligates the State to ensure sustainable utilization of the environment and natural resources including land; recognizing that the Fourth Schedule to the Constitution assigns to the national government the function of land pl…

On a point of order, Hon. Temporary Speaker.

Hon. Ferdinand Wanyonyi, what is out of order?

Nothing serious. However, looking at the mood of the House, we need to exchange ideas on these important Motions. I was suggesting that…

Order, Hon. Member! Hon. Ferdinand Wanyonyi, this House is very serious on this debate. Standing them down does not mean they will not come back to the Order Paper. Allow us to continue. Next Order.

remained unresolved, with numerous persons remaining squatters; further aware that Section7 of the Limitation of Actions Act, 2010 provides for the right to claim for settlement on certain land after the prescribed period; recognizing the need for the Ministry of Lands to hasten the process of identifying parcels of land occupied by squatters where there are no disputes from any party(s); this Hou…

This Motion is supposed to be moved by Hon. Mark Mwenje. He is not in the House.

Again, these are very serious Motions. The Mover, Hon. John Makali is also missing in the House.

due to their fast growth, good economic returns and diverse commercial uses such as transmission poles, fuelwood, timber, plywood, pulp, fencing posts and building materials among others; concerned that eucalyptus trees species are majorly cited as high water depleting agents through high consumption, transpiration and evaporation thus causing the drying up of streams, rivers and depletion of grou…

This Motion is supposed to be moved by Hon. Moses Kirima, who is also not in the House.

To be moved by Hon. Jessica Mbalu. She is also not in the House.

Hon. Members, this is an embarrassing moment for the National Assembly. The Hon. Speaker yesterday alluded to getting more time for Private Members’ Bills and Private Members’ Motions. We have slotted them very well this morning. Even this one on environment is to be moved by Hon. Umulkher Kassim. Unfortunately, the Hon. Member is not in the House.

the Government through the Ministry of Trade, Investments and Industry ensures strict operationalization of the regulatory frameworks governing sugar importation into the country.

This Motion is supposed to be moved by Hon. Peter Salasya, who is also not in the House.