National Assembly · Afternoon Sitting

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

Pardon?

I remind Members that tomorrow, Thursday, we have a sitting in the morning. That is so that we begin business on time. I thank you.

It is already on the parliamentary wall. I expect every Member to read. For the avoidance of any doubt, there will be a sitting from 9.30 a.m. tomorrow. Hon. Members, the Papers laid as numbers one, two and three are referred to the

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

Thank you. Next is the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations.

Hon. Speaker, I beg to lay the following Papers on the Table: Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its oversight visit to:

Hon. Speaker, I beg to lay the following Papers on the Table: Reports of the Departmental Committee on Regional Development on its consideration of:

Next Order.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Committee on Regional Integration on its consideration of the inspection visit to the semi-autonomous institutions of the East African Community in Uganda, laid on the Table of the House on Wednesday, 29th November 2023. Thank you. Chairperson of Departmental Committee on Defence, Intelligence a…

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its oversight visits to the Permanent Mission of the Republic of Kenya to the United Nations Office in

UN-Habitat, laid on the Table of the House on Wednesday, 29th November 2023.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its consideration of an oversight visit to the Uhuru Gardens National Monument and Museum Project in Nairobi, laid on the Table of the House on Wednesday, 29th November 2023. Thank you. Member for Manyatta. Is it Manyatta or…

It is Manyatta, Hon. Speaker. The Clerk-at-the-Table has misspelt the name of the constituency.

Hon. Speaker, I request the House for an adjournment under Standing Order 33 to discuss the 2023 Kenya Certificate of Primary Education (KCPE) examination results. Pursuant to Standing Order 33, I rise to seek leave for adjournment of the House in order to discuss a definite matter of urgent national importance regarding reported irregularities in the 2023 KCPE examination results. The results we…

[(Several Hon. Members stood in their places)]

Hon. Members, I have notices of three statement sequests. Ordinarily, we do not debate statements. Hon. Justice Kemei has asked me to give him an opportunity to make comments on the Statement by Hon. Beatrice Kemei. However, we will take all the three statement requests first and then I will give you the requested opportunity. Hon. Kemei, Member for Kericho County.

Hon. Speaker, I rise to request for a Statement regarding the tragic drowning of two residents of Sigowet/Soin Constituency in Kericho County. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Regional Development regarding the tragic drowning of two residents of Koislir and Tuiyobei in Sigowet/Soin on…

Hon. Speaker, pursuant to Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Tourism and Wildlife regarding the state of Kenya’s beaches, which are one of the country’s major tourism products.

coastal people. However, it has become a tired and less competitive product in today's marketplace. In the last two decades, Kenyan beaches have been invaded by aggressive, local and informal operators. They engage in a variety of tourism-related businesses—both regulated and unregulated—and harass visitors. This has a negative impact on the beach tourism industry in Kenya. Moreover, this has led …

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations regarding killing and maiming of residents of Kamagut and Kiplombe Wards in Turbo Constituency by Kenya Defence Forces (KDF) soldiers on 26th November 2023. The killings happened when the victims…

Yes, go on.

Hon. Speaker, I seek your indulgence to allow a few Members who may have similar situations in the places where there is conflict between the KDF and the communities. I also note that life is very precious. Life is very important and we should take care of it. It is paradoxical that the very officers who are mandated to protect our nation and the lives of people are the ones killing and maiming co…

Thank you, Hon. Speaker. Justice Kemei, you have two minutes.

Thank you, Hon. Speaker, for giving me an opportunity to add my voice to the Statement sought by Hon. Beatrice Kemei from Kericho County. For over seven days now, the people of Koislir, Cheptuyeit and indeed the people of Sigowet have been living in anguish as they seek to find out where Julius and Peter are. They have used rudimentary technologies and local divers to try and find out where the tw…

Hon. Speaker, I sympathise with the Member for Turbo for the incident that occurred in Kamagut. I am also a farmer. The issue of “murokoto” is very serious during the time of harvesting our maize, and the people are on standby. As much as we want to be sympathetic, we would want to ask those people who want to pick whatever has remained after harvesting to be organised and allow the process of

good relationship with the neighbouring community There is a place in my area called ‘Chepkengen’, where mothers go to fetch firewood from the forest. Recently, I got a report that young officers from the Kenya Forest Service are beating up mothers and other people who go to that forest. That is something that must stop. The officers in the disciplined forces, whether you are police or Kenya Fore…

Thank you very much, Hon. Speaker, for giving me this opportunity to also weigh in on the Statement sought by Hon. Janet Sitienei, Member for Turbo. I want to make a statement of witness on the fateful day when I got the news that people had been brutally killed in the Recruits Training School (RTS) area. I managed to go there personally to confirm and witness as I convey my condolences to the peo…

Thank you, Hon. Speaker, for giving me this opportunity. I feel for the Member for Kericho County, who is seeking a Statement from the Select Committee on Regional Development about the two people who drowned in her county. Equally, the incidents of the people who have been killed by KDF soldiers in Turbo Constituency, as reported by the Member, are unfortunate. It was also reported on Monday – a…

are not well equipped to arrest suspected criminals or bandits. I want to say that an inquiry needs to be undertaken into the work, behaviour and the way the KDF soldiers conduct themselves, especially when dealing with citizens wherever they have been sent to undertake security activities. Thank you, Hon. Speaker.

Umulkher.

Thank you, Hon. Speaker. I would like to sympathise with the Hon. Member on this particular issue. I truly feel the impact of having to coexist with KDF soldiers in our communities. They have military bases across the country. The same case is happening even in Boni Forest. Three days ago, they killed a gentleman by the name of Mr Abdikadir Abdow, who was herding his cattle there. It is quite unfo…

Asante sana Mhe. Spika kwa kunipatia hii nafasi ili nichangie hoja hii ya mauaji yaliyofanyika Eneo Bunge la Turbo. Kwanza kabisa, ninatoa risala za rambirambi kwa niaba yangu, na kwa niaba ya wakazi wa County ya Nakuru kwa Mhe. Janet, ambaye ni Mjumbe wa Eneo Bunge hilo. Pia, ninawaambia wananchi wa Kamagut pole kwa shida ambayo iliwapata. Ni ajabu kubwa kusikia kwamba maafisa ambao wanahitajika…

On a point of order, Hon. Speaker.

Hon. David Kiplagat, what is your point of order? Give him the microphone. There is one next to you.

Thank you, Hon. Speaker. Two weeks ago, you directed the Chairperson of the Departmental Committee on Finance and National Planning to give a Statement on the sale of Uchumi Lang’ata Hyper. I note that today is Wednesday, which is the day when Statements should be brought to the House. I am told that there are other developments – that, a court has gone ahead to make a ruling on the case. Chances …

On a point of order, Hon. Speaker. Yes, Hon. Member. Are you on a point of order?

Yes, Hon. Speaker. What is out of order?

I had previously raised this same issue. On the 18th of October, I requested for a Statement, in respect of which you directed the Departmental Committee on Labour and Social Protection to bring a reply in two weeks’ time. On the 8th of this month, I requested for another Statement, in respect of which you also directed the Chairperson of the Departmental Committee on Administration and Internal A…

Thank you, Hon. Speaker. Pursuant to Standing Order 259 (d) , I rise to pay tribute to the late Hon. Christopher Ebenyo Lowoniyo, a distinguished former Member for Turkana East Constituency, who passed away on Wednesday, 15th November 2023 at his residence in Nakamane, Turkwel Ward, Loima Constituency. The late Hon. Christopher Ebenyo Lowoniyo was born in 1944 in Lodwar, Turkana County. He attend…

Upon completion of his studies, the late Hon. Lowoniyo was posted to Lokitaung Health Centre, where he worked as a public health technician until he joined politics. In 1974, Hon. Lowoniyo vied for the parliamentary seat for Turkana East Constituency, which he won and served diligently in the 3rd Parliament up to 1979. He was an astute legislator whose contribution to Parliament, its committees a…

I thank you, Hon. Speaker. The Member for West Mugirango has another tribute to a fallen former colleague. Thereafter, we will observe a minute of silence in honour of our two fallen former colleagues. Proceed, Hon Mogaka.

Thank you, Hon. Speaker for giving me this opportunity to pay tribute to the late Hon. Benson Kegoro, who preceded me as the Member of Parliament for West Mugirango in the 1970s. He passed on last week in his sleep. He will be laid to rest on Sunday at his home in Borabu Constituency. I also want to condole with the family and the constituents of the late Benson Kegoro. Besides having been a Memb…

[(Hon. Members rose and observed a minute of silence)]

Thank you Hon. Speaker for allowing me to mourn this hero from Nyamira County. The late Hon. Kegoro served in all the terms of the five presidents. He was a man who lived a life to be emulated. We learnt a lot from him. I know this time the family is in great pain because Kegoro was not sick, but he died suddenly. I pay my tribute and give hope to the

where He lives. May the Lord take care of the family. May the Lord comfort all the people of Nyamira and West Mugirango. Thank you, Hon. Speaker. Thank you. Yes, Chiforomodo.

Thank you, Hon. Speaker. I rise on Standing Order 227. On Tuesday, 15th August 2023, I presented a Petition concerning a land issue at Kidomaya/Miungoni Village. Pursuant to the Standing Orders, the Public Petitions Committee was supposed to deal with the matter within 90 days and present a report to this House. That period was to be on 15th November 2023. As the Member who presented the Petition…

He normally sits here.

Today is not normal.

Today is one of those bad days. The Chairman of the Public Petitions Committee is very diligent. He is always here. I see him there all the time. Can you direct him to bring the response to the Petition by Chiforomodo before we recess?

I will relay the information to him or the Vice-Chairperson of the Committee. Leader of Majority Party, advise the chairpersons that when we have time bound business, if for any reason they are not concluded and it is possible that they may not be concluded within the given time, they should communicate with the Petitioners or the Members who brought the Petitions so that they know that there is …

Hon. Speaker, I am fully aware that yesterday you gave an order to ban kaunda suits. Some of us have invested in expensive tailor-made kaunda suits for attending Sittings in this House. What do we do with these costly kaunda suits we made for purposes of attending Sittings in this House? They are original because some of us do not wear mitumba. I do not know whether you can allow an appeal on that…

Hon. Members, I have been advised that the matter at Order 8 was dispensed of already. So, we will skip it. Before we go to Order 9, allow me to give some direction on Order 10 on consideration of the Conflict of Interest Bill.

Hon. Chairperson to report to the House.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) and approved the same with amendments.

Mover, move agreement with the Report.

Hon. Speaker, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Owen Baya to second the Motion for agreement with the Report of the Committee of the whole House. I do not know if this is the point when we move for re- committal of clauses? I wanted to re-commit Clause 48.

Let us do it properly. Just take your time, Mover, and confirm that we are capturing what actually happened.

Hon. Temporary Speaker, I second the Motion for agreement with the Report.

Hon. Chairperson.

THAT, the Motion for agreement with the Report of the Committee of the whole House be amended by inserting the following words at the end: “subject to re-committal of Clause 48”. I also request Hon. Mwengi Mutuse to second the amendment.

Hon. Mutuse.

Hon. Temporary Speaker, I second the amendment. Is there interest to speak to this? Nobody wants to contribute. So, I can put the Question. Leader of the Majority Party.

Hon. Temporary Speaker, just for the record, the re-committal of Clause 48 is because there cannot be concurrent investigations being conducted by reporting authorities and the EACC. For instance, a judge who is being investigated by the Judicial Service Commission (JSC) as the reporting authority cannot concurrently be investigated by the EACC for the same crime or suspicion of crime. However, if…

commission before another commission conducts further investigations into the case.

There being no further interest to contribute, I will now put the Question. The House resolved accordingly: THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) subject to re-committal of Clause 48.

[(Question put and agreed to)]

THAT, Clause 48 be amended by adding the words “provided that an investigation commenced against the public officer shall be concluded within 90 days”. This is to align the suspension period with the period of investigations so that if a person is suspended for 90 days, the investigations must also be concluded in the 90 days. Otherwise, they cannot be prolonged forever without any remedy to that …

[(Question of amendment proposed)]

[(Loud consultations)]

I have already justified. I do not know why the Clerk wants me to say it again. The Temporary Chairlady : I will put the Question.

[(Hon. Martha Wangari)]

be added, put and agreed to)

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) and its approval thereof with amendments.

[(Question put and agreed to)]

Will the Temporary Chairlady report to the House.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) and approved the same with amendments.

Thank you. May the Mover move agreement with the report?

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

Hon. Temporary Speaker, I second.

[(The Temporary Speaker consulted with the Clerk-at-the-Table)]

Would the Leader of the Majority Party approach the Speaker. Thank you very much.

[(Hon. Kimani Ichungw’ah consulted with the Temporary Speaker)]

[(Question proposed)]

[(Loud consultations)]

Thank you very much. Hon. Temporary Speaker, I am a very happy Member today. This has been a long struggle. We have finally agreed to about 89 to 90 per cent of this Conflict of Interest Bill. It is a great day for Kenya. The seeds that brought corruption in 1969 are being rooted out and we hope this Bill will help us remove those weeds that have become trees of corruption. I thank the Leader of t…

For the convenience of the House, I will defer putting the Question on this Bill to the next time it will be scheduled for deliberation. We will, therefore, stop there. We have agreed that we will not put the Question, not for obvious reasons, but for the convenience of the House and for good order.

[(A Member spoke off the record)]