National Assembly · Afternoon Sitting

Wednesday, 27 September 2023

Session Summary

Members of Parliament criticised the introduction of university regulations without proper parliamentary scrutiny, urging that such delegated legislation be annulled and returned for proper committee review and public participation. They praised the Committee on Delegated Legislation for highlighting procedural flaws and warned against bypassing the House in future policy making. The debate underscored the need for adherence to constitutional provisions and inclusive consultation in the education sector. Members debated the proposed reduction of the 32 % allocation of the Road Maintenance Levy Fund to KeRRA, arguing it would harm rural road development. The majority supported the Committee’s report, calling the recommendations too mild and urging stronger action to protect or increase the funding. They also criticised county interference and called for parliamentary oversight of the DG of KeRRA. Members voiced strong opposition to the withdrawal of KeRRA’s mandate and warned against non‑constitutional bodies making decisions on road infrastructure without parliamentary representation. They called for stricter accountability, protection of Parliament’s independence, and adherence to the legal hierarchy in transport matters. The debate highlighted concerns over funding, allocations and the rule of law in road management.

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Hon. Deputy Speaker

Serjeant-at-Arms, I now direct that you ring the Quorum Bell for 10 minutes. You may proceed to ring the bell for another five minutes. We now have quorum. We may proceed.

[(The Quorum Bell was rung)]

[(The Quorum Bell was rung)]

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Hon. Owen Baya (Kilifi North, UDA)

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

H
Hon. Deputy Speaker

Thank you. Next Order.

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Hon. Owen Baya (Kilifi North, UDA)

Hon. Deputy Speaker, I beg to move the following Motion: THAT, this House resolves to exempt the business appearing as Order Nos.14 and 15 in today’s Order Paper from the provisions of Standing Order 40 (3) , being a Wednesday Morning, a day allocated for business not sponsored by the Majority or Minority Party or business sponsored by a committee. We have important business that we started and i…

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Hon. Samwel Chepkonga (Ainabkoi, UDA)

Hon. Deputy Speaker, I second.

[(Question proposed)]

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Hon. Members

Put the Question!

H
Hon. Deputy Speaker

It looks like it is the mood of the House that I put the Question. Next Order.

[(Question put and agreed to)]

H
Hon. Deputy Speaker

I call upon the Mover to move the Bill.

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Hon. Emmanuel Wangwe (Navakholo, ODM)

Hon. Deputy Speaker, I beg to move that the Sugar Bill (National Assembly Bill No.34 of 2022) be now read a Third Time. I request Hon. Kakai Bissau to second.

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Hon. Bisau Kakai (Kiminini, DAP-K)

I second.

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Hon. Members

Put the Question.

H
Hon. Deputy Speaker

Before I put the Question, let me allow Hon. Emmanuel Wangwe to make a few remarks.

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Hon. Emmanuel Wangwe (Navakholo, ODM)

Thank you, Hon. Deputy Speaker. My colleagues took a lot of time on this Bill. They invested their time and energy. It is, therefore, important that I appreciate them, right from the Departmental Committee on Agriculture and Livestock, especially the Hon. Chairman, Vice-Chairman and the Membership. I will not forget the secretariat who traversed the country to discuss this Bill until its maturity …

[(Applause)]

[(Applause)]

H
Hon. John Kiarie (Dagoretti South, UDA)

Congratulations.

[(Applause)]

H
Hon. Deputy Speaker

Next Order. First Readings

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The Temporary Speaker (Hon. Rachael Nyamai)

Hon. Members, going back to the debate, we have Hon. Mugambi Rindikiri, Member for Buuri.

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Hon. Mugambi Rindikiri (Buuri, UDA)

Thank you, Hon. Temporary Speaker. I want to join the rest of the Members in arguing that we annul these regulations in totality. Let me thank the Committee in charge for being hawk-eyed on irregularities and illegalities in decision-making, particularly when the law is involved. It is very disturbing! As much as we would like to defend the position of Cabinet Secretaries and the Government, there…

H
Hon. Mugambi Rindikiri (Buuri, UDA)

that it cannot conduct public participation when making regulations. That is a critical element in the law-making process and when developing regulations. The Cabinet Secretary for Education, a technocrat within the Ministry, has failed to conduct public participation. Therefore, these regulations cannot be passed. It is high time Parliament took up this issue as far as decision-making is concern…

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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. Rachael Nyamai)

What is out of order, Hon. Wanjiku Muhia, Member for Kipipiri? Please pass the microphone to her.

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Hon. Wanjiku Muhia (Kipipiri, UDA)

Thank you Hon. Temporary Speaker. I rise pursuant to Standing Order 95. Looking at the debate, everyone agrees that a matter like this without public participation is null and void, and continuing to debate will be repeating ourselves. So, I request that you call upon the Mover to reply.

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Hon. Mugambi Rindikiri (Buuri, UDA)

Can I proceed, Hon. Temporary Speaker?

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

I will give the Member for Buuri a chance to finalise. I will then find out if it is the mood of the House that we call upon the Mover to reply..

[(Loud consultations)]

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Hon. Mugambi Rindikiri (Buuri, UDA)

Thank you, Hon. Temporary Speaker. The future of education in this country will solely depend on the decisions we make, specifically those in charge of education. As it is now, the education sector is facing many problems. We have had commissions, and the President has even formed a Taskforce, but their reports are never considered. I urge that these regulations be dropped in totality.

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

Hon. Members, I still have ten requests. I want to find out whether it is the mood of the House that we use Standing Order 95.

H
Hon. Members

Put the question!

[(Question, that the Mover be now called upon to reply, put and agreed to)]

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

I call upon the Mover to reply.

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Hon. Samwel Chepkonga (Ainabkoi, UDA)

Thank you, Hon. Temporary Speaker. I want to thank all the Members who have contributed and those who intended to do so because they have all supported this Motion. I want to assure the House that before we bring a regulation for annulment, we usually approve it as a Committee. We have approved about 13 or 15 other regulations. We report to the House every three months of all the regulations that …

[(Question put and agreed to)]

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

Hon. Members, the time being