National Assembly · Afternoon Sitting

Wednesday, 2 November 2022

Session Summary

Hon. Kimani Ichung’wah moved a motion to adopt Sessional Paper No. 3 of 2021, the National Action Plan on Business and Human Rights, highlighting Kenya’s pioneering role in this area. He outlined the plan’s four objectives and cited examples of business‑related human rights concerns such as land displacement, environmental degradation, unsafe labour conditions and lack of remedies, urging Parliament to endorse the policy. The debate centered on the need for stronger safeguards as foreign and domestic investment expands. Hon. Stephen Mule led a debate urging the House to constitutionalise the National Government Constituencies Development Fund (NG‑CDF) and related funds, highlighting their extensive contributions to education, health, security and infrastructure. He appealed for bipartisan support to achieve the two‑thirds majority needed for amendment, while warning against opposition that could undermine the funds. The discussion also introduced the National Government Affirmative Action Fund, a Senate Oversight Fund and an Economic Stimulus and Empowerment Fund as additional constitutional provisions. Members debated a proposed constitutional amendment to anchor the National Government Constituencies Development Fund (NG‑CDF), emphasizing its role in poverty alleviation and urging safeguards against misuse. Concerns were raised about constitutional consistency, particularly with Article 95 and the lack of a Senate, while some MPs advocated expanding the fund to cover water and sports initiatives. The overall tone combined constructive support for the amendment with cautionary criticism of potential legal and oversight issues.

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Hon. Speaker

Hon. Members, we have quorum. Therefore, we can transact our business.

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Hon. Speaker

Waheshimiwa, Hoja hii ilikuwa imemalizika katika kipindi cha mazungumzo ya Bunge, na sasa ni kuleta swali ili muamue.

[(Bunge lilihojiwa na likaridhia)]

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Hon. Speaker

The Leader of the Majority Party, you will move that Motion and we will debate it up to 3.30 p.m., then we will invite Hon. Mule and Hon. Gichimu. I hope they are in the House. At 3.30 p.m. we will go to the matter that we stayed yesterday after the voting, following the move by Hon. T.J Kajwang to adjourn. The Leader of the Majority Party you may move and have your seconder. At 3.30 p.m. we will…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

My apologies, Hon. Speaker. I was upstairs in the Committee elections. Hon. Speaker, I beg to move the following Motion: That, This House adopts Sessional Paper No. 3 of 2021 on the National Action Plan on Business and Human Rights laid on the Table of the House on the 21st September 2021. Hon. Speaker, Kenya is one of the only two African countries that have developed a National Action Plan on B…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

rights abuses, to guide businesses on the measures they should take to meet their responsibility, to respect human rights in their operations, to promote human rights due diligence by businesses and to offer a road map of strengthening access to State-based judicial and non- judicial remedies. Hon. Speaker, from these key objectives, this National Action Plan seeks to protect both individuals and …

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

people’s health or the environment, the people individually or as a community have recourse through the judicial or non-judicial remedies to ensure that they are adequately compensated. The third chapter is on the policy actions that have adopted the three pillar framework of the ENGPs, mainly the State duty to protect human rights. As I said, the State has a duty to protect human rights both ind…

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Hon. Kimani Ichung’wah (Kikuyu, UDA)

need to belabour the question of land. The Members are aware of how emotive the issue of land is and maybe we have laws that we have not respected. You will find that in our neighbourhoods somebody comes to build a factory that has emissions that are harmful to children. This is being done in residential areas and near rivers hence polluting them. A case in point is the Nairobi River. Members will…

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Hon. Owen Baya (Kilifi North, UDA)

Thank you very much, Hon. Speaker. I beg to second. For many years, human rights issues in this country have been against the Government’s trampling on the human rights of citizens. For many years, there were civil rights organisations and a lot of CBOs protesting against abuse of human rights. Human rights platforms have now moved to what businesses are doing. What are profitable organisations do…

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Hon. Owen Baya (Kilifi North, UDA)

The ILO has been talking about child labour. Child labour is a travesty on human rights and it continues in many organisations. This Action Plan will guard against child labour. Children should be given an opportunity to go to school, complete school and seek employment. Child labour is a source of cheap of labour. Many organisations employ young people so that they can get cheap labour. Kenya is …

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Hon. Speaker

Hon. Members, the Procedural Motion you passed here limits debate on this Motion to five minutes per Member. Hon. Biego.

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Hon. Paul Biego (Chesumei, UDA)

Thank you, Hon. Speaker, for according me this privilege and honour to make my Maiden Speech. I have really waited for this opportunity. Thank God I finally have it. It goes without saying that the real honour is to the great people of Chesumei Constituency who, in their wisdom, accorded me the opportunity to be part of the 13th Parliament by immensely electing me to represent them. My name is Pau…

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Hon. Paul Biego (Chesumei, UDA)

tall and affirm to live up to those words. I seek to be the best in my representation to the great people of Chesumei Constituency. Hon. Speaker, my constituency is located in Nandi County, an area of astute agricultural background. As I stand here, we have dilapidated roads which I seek to be the solution for my people to move their products from the villages to the markets. Worst affected among…

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Hon. Speaker

I know the Member has made a Maiden Speech. But as you make your maiden speeches, be relevant to the Motion on the Floor. The good Member has made a good speech about his constituency and made no reference to the Motion on the Floor. I invite Hon. Emmanuel Wangwe. My screen is full and I do not know if Members have logged in for the proposed constitution amendment Bill or for this Sessional Paper…

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Hon. Emmanuel Wangwe (Navakholo, ODM)

Hon. Speaker, I rise on a point of order on Standing Order 183. In line with what you have just said, I wish to remind you that in the 11th and 12th Parliaments, we had the “father and mother” of the House. As we progress into the 13th Parliament, we seem to assume that we do not have a father and mother of this House. I would wish to take this chance to request you to name the father and mother o…

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Hon. Speaker

Hon. Kosgei you have the Floor. I will communicate on the point of order raised by Hon. Wangwe about the fathers and mothers of the House.

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Hon. (Dr.) Jackson Kosgei (Nominated, UDA)

Hon. Speaker. At the outset, I take this opportunity to support this Motion on the Floor. The question of human rights touches so much on the day-to-day lives in countries and in our own country. The issue of human rights should be understood as a moral entitlement that every individual in the world possesses, given by God. As a human being you are entitled to that right. One of the issues that w…

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Hon. Speaker

Thank you. Hon. Kahindi Katana, do you want to contribute to this Motion or the constitution amendment issue? If you are logging in for the constitution amendment proposal, hold your horses until 3.30 p.m. If you are contributing on this Motion, then go ahead.

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Hon. Paul Katana (Kaloleni, ODM)

Thank you, Hon. Speaker, for giving me this chance. I support the Motion. On the issue of human rights, we have seen very many multinationals who have no respect for the workers whom they employ in their companies. It is so sad that young women employed in these areas become prey for the managers or the supervisors. They abuse them sexually. I support the Motion because it is going to end this k…

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Hon. Speaker

Order, Members. Order, Leader of the Majority Party and your team. I acknowledge the presence in the Public Gallery of Kongoni Primary School from Lang’ata Constituency, Nairobi. On your behalf and my behalf, we welcome the school to the House of Parliament. Hon. Members, there is a short Communication.

[(Debate temporarily interrupted)]

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Hon. Speaker

I wish to inform the House that I received two letters relating to the ongoing elections of chairpersons and vice chairpersons of committees. The first letter is from the Leader of the Minority Party—Hon. Opiyo Wandayi, C.B.S. The second one is from the Member for Kipipiri—Hon. Wanjiku Muhia. In this letter, the Leader of Minority sought postponement of election of chairpersons and vice chairperso…

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Hon. Speaker

vacancies arising from election of the chairpersons and vice chairpersons of Departmental Committees. On her part, the Member for Kipipiri—Wanjiku Muhia notified me that she is a Member of the Select Committee on Regional Integration where she will be vying for the position of chairperson in the election scheduled to take place on Friday, 4th November 2022. She was concerned that the Joint Parlia…

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Hon. Didmus Barasa (Kimilili, UDA)

Thank you for giving me this opportunity. Even as I support this Sessional Paper, I know for a fact that this is not the first time we are having such a thing before this House. The Factories and Others Places of Work Act of 1997 was repealed by the Occupational Health and Safety Act of 2007 that specifies and makes it mandatory that all employers and institutions, whether Government or private, m…

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Hon. Didmus Barasa (Kimilili, UDA)

to put much efforts in protecting the rights of employees. Time has come when we need to relook at work injuries and the Benefits Act. That is to increase those benefits. That is what will make every employer in this country, whether Government or private, to put a lot of effort in ensuring that employees work in an environment that is conducive and does not make them prone to contracting occupati…

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Hon. Speaker

Leader of the Majority Party, in keeping with my earlier direction that your debate will be interrupted at 3:30 p.m, under Standing Order 96, you may have to get a Member to move the House to adjourn debate. Get a Seconder, we put the question then we go to the constitutional debate. Hon. Pukose.

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Hon. (Dr) Robert Pukose (Endebess, UDA)

Hon. Speaker, I beg to move, under Standing Order 96, that we adjourn this debate considering that you had scheduled and given initial direction that the House adjourns so that we deal with the constitutional matter. This is a very important matter on the planned action on Sessional Paper No. 3 of 2021 so, we can discuss it further. I move and ask Hon. Ndindi Nyoro to second.

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Hon. Speaker

Hon. Ndindi Nyoro, give him the microphone.

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Hon. Ndindi Nyoro (Kiharu, UDA)

Hon. Speaker, I second.

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Hon. Speaker

Order, Hon. Members. The Minority Whip, you seem to have had a good lunch. Hon. Members, in accordance with the Standing Order 96 and the provisions therein, I beg to put the Question that debate on the Motion in Order No.8, do now adjourn.

[(Question, that debate be now adjourned, put and agreed to)]

[(Debate adjourned)]

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Hon. Speaker

That Motion is consequently put in abeyance. It will be back on the Order Paper either tomorrow or Tuesday. We now move to the prepublication debate on the constitutional Bill proposed by Hon. Mule and Hon. Gichimu.

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The Temporary Speaker (Hon. Peter Kaluma)

Hon. Members, the time being 7.00