National Assembly · Afternoon Sitting

Hon. Members, I am pleased to introduce to you a delegation comprising Members of the Committee on Rural Economy, Agriculture, Environment and Natural Resources of the Pan-African Parliament (PAP) who are seated in the Speaker’s Row. They are:

[(Applause)]

Thank you, Hon. Speaker, for giving me this opportunity. Together with Hon. Majimbo Kalasinga, Hon. Rahab Mukami, and Sen. Mungatana and Sen. (Prof.) Kamar from the Senate, I am very proud to be a Kenyan

Member of Parliament and to serve in the Pan-African Parliament. It is an honour to represent Kenya at the Pan-African Parliament. I am a Member of the Committee on Rural Economy, Agriculture, Environment and Natural Resources. I am very grateful to the Chair and the Pan- African Parliament for agreeing to host a Committee consultation on the model law on soil in Nairobi, Kenya. We welcome them al…

Wind up, Hon. Esther.

Let me conclude. Once we have adopted it, member states will adopt it. Thank you for giving me the opportunity. Welcome to the Committee of Rural Economy in the Pan-African Parliament.

Hon. Majimbo, you have one minute.

Thank you very much. Precisely, I will take one minute. As a Member of Parliament representing Kenya in that very honourable Parliament in Midrand, South Africa, I welcome my colleagues to this very important Parliament in the very important state called Kenya. So far, they can see for themselves that it is the best Parliament in Africa. The laws we make here go down to the people. I will not sp…

Thank you. Next Order by the Deputy Leader of the Majority Party.

I beg to lay the following Papers on the Table: Reports of the Auditor-General and financial statements for the years ended 30th June 2024 and the certificates therein in respect of:

Thank you, Hon. Owen. Vice Chairperson Committee on Powers and Privileges, Hon. Lekuton. Where is he? I donated my authority to you. That is a Committee chaired by the Hon. Speaker. He has just been here. Are your papers ready? Tomorrow morning?

Yes, tomorrow morning, Hon. Speaker.

Excellent.

Thank you.

Chairperson of the Departmental Committee on Administration and Internal Security, Hon. Tongoyo.

Hon. Speaker, I beg to lay the following paper on the Table: Report of the Departmental Committee on Administration and Internal Security on the Budget Implementation for the Financial Year 2023/2024 for the following State Departments:

Chairperson of the Departmental Committee on Sports and Culture. Hon. Caroli Omondi, are you from that Committee? Are you ready? Give him the microphone.

Hon. Speaker, I beg to lay the following paper on the Table: Report of the Departmental Committee on Sports and Culture on the Budget Implementation Monitoring for the Financial Year 2023/2024 for the following State Departments:

Thank you, Hon. Caroli. Chairperson of the Mediation Committee on Conflict of Interest Bill. Hon. Murugara, is this you?

Thank you, Hon. Speaker. I beg to lay the following paper on the Table:

Thank you. Next Order.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Administration and Internal Security on Budget Implementation for Financial Year 2023/2024 for the following State Departments, laid on the Table of the House on Wednesday, 4th December 2024:

Thank you, Chairman. Hon. Caroli Omondi, Chairperson of the Departmental Committee on Sports and Culture.

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Sports and Culture on Budget Implementation and Monitoring for the Financial Year 2023/2024 for the following State Departments laid on the Table of the House on Wednesday, 4th December 2024.

Thank you. Hon. Murugara, Chairperson of the Mediation Committee on Conflict of Interest Bill.

(National Assembly Bill No.12 of 2023)

Thank you, Hon. Speaker. I beg to give notice of the following Motion: THAT, pursuant to the provisions of Article 113 (2) of the Constitution and Standing Order 150 (3) , this House adopts the Report of the Mediation Committee on the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) , laid on the Table of the House on Wednesday, 4th December 2024 and approves the Mediated version …

Next Order.

Major (Rtd) Bashir Abdullahi. THE 4TH PASTORALIST LEADERSHIP SUMMIT IN WAJIR COUNTY

Thank you, Hon. Speaker. This is a general statement regarding the Fourth Pastoralist Leadership Summit to be held in Wajir County. Pursuant to Standing Order 43 (1) , I rise to make a Statement regarding the upcoming Pastoralist Leadership Summit scheduled to be held from 8th to 10th December 2024 in Wajir County. The Pastoralist Parliamentary Group (PPG) is a Caucus comprising all Members of Pa…

a path for sustainable development in pastoralist regions. We look forward to your participation as we work together to advance the interests of the pastoralist communities across Kenya. I thank you, Hon. Speaker.

Thank you, Hon. Bashir. I for sure will be there with you. Hon. Raso, do you want to speak on the same issue?

Yes.

Go ahead.

Thank you very much Hon. Speaker. We are grateful you have committed to come and open the 4th PLS event in Wajir. I also want to thank the Clerk of the National Assembly. For the first time, we have an active secretariat- clerks assigned to the pastoralist group. Although the PPG is the major Caucus in this House, it has not had serious traction in terms of articulating the issues affecting the p…

Hon. Saney.

Thank you, Hon. Speaker. The invite by Hon. Major Bashir to you and His Excellency the President on behalf of the pastoralist community is welcome. But as a frontier and a bigger swathe of this nation, we will be eager to listen to you as far as development is concerned. That area has suffered historical marginalisation, and as you come...

Order. You are anticipating debate. You are out of order! You cannot welcome us on conditions. Hon. Daudi.

Thank you, Hon. Speaker. I want to join the Chairman and the Patron of the PPG in welcoming Members of this August House to Wajir. I am doing so as a Member of Parliament who will host all of you when you come there. I will be there to welcome you to my Constituency. I look forward to seeing you and all the Members of this House. Thank you very much.

Thank you. Give Hon. Yusuf the microphone.

Thank you, Hon. Speaker. I also join the rest of the members in inviting you and His Excellency, the President, to the Pastoralists Leadership Summit. Pastoral land makes up over 70 per cent of our country, and we will showcase many future opportunities there. Welcome, and I am confident you will want to return to this important event.

Thank you. The next Statement is by Hon. Fatuma Zainab. I received a letter nominating Hon. Mayaka to request it on her behalf.

Thank you, Hon. Speaker.

I wish to request a Statement regarding the protection of underage children from exposure to illicit activities.

Hon. Mayaka, you should clarify that this Statement is on behalf of Hon. Zainab, as you are acting as a proxy.

[(Laughter)]

I apologise.

Go on.

Hon. Speaker, on behalf of Hon. Fatuma Zainab, I wish to request a Statement regarding the protection of underage children from exposure to illicit activities. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request a Statement from the Chairperson of the Departmental Committee on Administration and National Security regarding the protection of underage children from exposure …

Thank you, Hon. Irene Mayaka. Next is a Statement by Hon. Timothy Toroitich. Is he in the House? Give him the microphone.

Thank you. Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request a Statement from the Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation regarding the recent approval of an increase in water tariffs by the Water Services Regulatory Board (WASREB) following a request by Eldoret Water and Sanitation Company (ELDOWAS) . The Water Servi…

Thank you. The request for a Statement by Hon. Fatuma is directed to the Departmental Committee on Administration and National Planning. I invite you, Hon. Tongoyo, to inform us when you will be ready because tomorrow is the last sitting day of this Session.

We will respond on resumption.

Okay. Member for Kesses.

Thank you, Hon. Speaker. I wish to ride on the Statement sought by Hon. Timothy Toroitich regarding water tariffs, which pose a significant challenge to consumers, particularly in urban centres. Despite this issue, many taps remain dry due to insufficient water supply from companies like ELDOWAS. One of the biggest challenges these companies face, often not disclosed in their financial statements…

and water companies to initiate a programme to renew water lines and reduce non-revenue water. Lastly, the Kipkaren Water Project began over eight years ago and stalled. The Ministry must ensure that this project is completed to alleviate the reliance on the new Chebera and Ellegirini dams and guarantee sufficient water supply in Eldoret. Completing this project will help reduce the burden on con…

Hon. DK.

Thank you, Hon. Speaker, for allowing me to contribute to the Statement requested by Hon. Timothy, the Member for Marakwet West. We need to understand the dichotomy of Eldoret City. All the six constituencies come to Eldoret Town, and now these constituents will bear the burden of an unwarranted increase in water prices. Since WASREB is responsible for approving ELDOWAS's request, they should rec…

Hon. Bowen, when do you bring the response? Is it after the long recess? Give him the microphone.

Thank you, Hon. Speaker. We need a comprehensive answer to this issue. I promise to bring a response the first week after recess.

Thank you. The Member for Bumula, Hon. Wamboka.

Hon. Speaker, I would like to bring to the attention of the House that I submitted a question to the Chairperson of the Departmental

Hon. Karemba, is that your Committee?

Thank you, Hon. Speaker. I acknowledge that my Committee has not yet received the response to that Statement. I will follow up to ensure it is provided within the shortest time possible.

The shortest time possible is tomorrow. Can you give a report tomorrow?

Yes.

Tomorrow afternoon. Hon. Osoro, please hold on. What is it, Hon. DK? Give Hon. DK the microphone.

In the same breath, I requested a Statement from the Chairman of the Departmental Committee on Education and Research on the issues that were going on at the University of Nairobi. You had ordered vehemently that a statement be given on Tuesday, 3rd December 2024. Yesterday, I was here all day but did not hear about it. Today, I cannot trace the Chairman. We need to find out where that Statement i…

Did I not see some news that the Committee was investigating the matter or something? Anyway, if Hon. Melly comes, we will ask him. If he does not, we will revisit it tomorrow. You can raise it tomorrow morning. Hon. Osoro, proceed.

Thank you very much, Hon. Speaker. I also want to bring to the attention of this House and perhaps deliberate on something that happened this week when the Ministry of Education issued a directive for the closure of 348 boarding primary schools. Going through the report, while we appreciate the Government's effort to make sure that every boarding primary school is compliant, the directive may have…

I should be asking you where the Chairman is. You are the Whip of the Majority Party.

[(Laughter)]

Hon. Speaker, I agree entirely with what the Whip of the Majority Party, Hon. Osoro, has said. As a matter of fact, in my Constituency, they did not evaluate the boarding schools for one reason or the other. Maybe they used security as a reason. They instructed their local education officers to do it, which they did very well, only to see now that those schools cannot be boarding schools anymore. …

In a whole sub-county with two wards, the only three boarding schools serving the pastoralist nomadic society have now been closed. We do not even know where they got the information from because the local and education administration reported that the boarding schools are compliant. Nobody knows where they got this information from. How can they close a school in Liboi, Damajale, or in a place ca…

Hon. Johana Ng’eno. Give him the microphone.

Thank you, Hon. Speaker. As much as we might have issues with most of the departments in the Ministry of Education did the assessments, it is also time they put serious attention to not only the schools that have issues or boarding schools that may have some issues which can lead to problems to the students and the people who are studying there but also seriously consider matters of schools. There…

Hon. ole Sunkuli, or who is that? Not Hon. ole Sunkuli? No, it is not you Hon. Sunkuli. It is Hon. Makali Mulu.

[(Hon. Julius Sunkuli spoke off the record)]

Thank you, Hon. Speaker. This outcry is real, more so in public schools. What is very critical is the timing. The timing was wrong because most of these public schools have been supported by the National Government Constituencies Development Fund (NG-CDF) . And even when we look at the budgeting cycle, there is no way anybody would have factored that expenditure into the budget three months ago or…

Yes, on the same issue?

Thank you, Hon. Speaker. Let me contribute to this issue of standards among our education institutions, more so in the boarding primary and secondary schools. One of the problems I have encountered is the lack of a clear standard to qualify institutions to operate boarding schools or the basic minimum requirements that the Ministry is looking for to allow the operation of a boarding school. First…

Leader of the Majority Party, the issue raised by the Whip of the Majority Party is very important. Advise the Chairperson of the Departmental Committee on Education to issue a Statement tomorrow afternoon to assure the country of the cogent reasons for closing many schools and the measures they are putting in place to mitigate the inconveniences and losses that the schools, parents, and students …

Thank you, Hon. Speaker. I rise to plead with this House, especially with the Departmental Committee on Labour Chairman, who has just left. Perhaps he could be recalled. Sometime in February, I raised the matter of the employees of Ashton Apparel (EPZ) Ltd and Mombasa Apparel (EPZ) Ltd. Those two companies changed their names, and they wanted the employees to remain and forego all the benefits the…

Hon. Shimbwa, had you requested for a Statement?

Yes, I did.

Who was supposed to respond to it?

The Chairman of the Departmental Committee on Labour.

Do not repeat what you requested. I will direct the Chairman of the Departmental Committee on Labour to give you a response tomorrow morning. Hon. Members, allow me to recognise six members of staff from the Parliamentary Relations and Protocol Department of the Parliament of Ghana who are seated in the Speaker’s Gallery. I join the House in welcoming them to the Parliament of Kenya.

The second group is staff from the Parliament of Namibia. I wish to introduce six members of staff from the Parliament of Namibia seated in the Speaker's Gallery. On my behalf and that of Hon. Members, I welcome them to our distinguished Parliament. Next Order.

Hon. Speaker, I beg to move the following Procedural Motion: THAT, noting that this House will be proceeding for a long recess from Friday, 6th December 2024 to Monday, 10th February 2025, in accordance with its Calendar, taking cognisance of the implications of the provisions of Standing Order 141 (2) on specified Bills pending at the Second Reading stage of consideration in the House; now the…

[(Exemption of Business from the Standing Orders)]

[(Lapse and Re-introduction of Bills)]

Hon. Shinali.

Thank you, Hon. Speaker, for giving me the chance to second the Motion. Thank you, Leader of the Majority Party, for moving that Procedural Motion to give life to Bills, which Members have taken time to research and come up with. If I could talk about the Gold Processing Bill…

No, it is not time to debate your Bill—just second the Procedural

Thank you, Hon. Speaker. I rise to second the Procedural Motion.

[(Hon. Jayne Kihara stood along the gangways)]

Member for Naivasha, take the nearest seat.

[(Question proposed)]

Put the question!

[(Hon. TJ Kajwang’ spoke off the record)]

Thank you, Hon. Speaker. I must appreciate the Leader of the Majority Party for considering Standing Order 141 on the extension of the Bills. My concern is that Standing Order 141 is silent on the reports. As the Chairperson of the Public Investments Committee on Social Services Administration and Agriculture, I have three reports on the Floor. May I get clarification on what will happen to my rep…

Hon. Wangwe, that is a legitimate concern. The motions you gave notice to on the Floor of the House will lapse, but the reports remain alive. So, in the next

session, you will be given an opportunity to give notice of fresh motions on the same reports, which will then be considered. Hon. Members, on that note, I know that we have not done exemplary well with Private Members' Bills for the reason that many of you who have Bills do not turn up to prosecute them. The fault lies squarely with us, Hon. Members. Therefore, since we are ending the session to…

Thank you very much, Hon. Speaker. I brought up this issue a few weeks ago. The delay is more in the processing of the Bills. I have three Bills that have to go through the Budget and Appropriations Committee before they proceed to the Departmental Committees. They are taking forever. I appeared before the

Going forward, Hon. Caroli, when you realise your Bill is being delayed inordinately, write to the Hon. Speaker so that we can track it and make the committees to fast- track its processing. I know that they are obligated to process the Bills anyway. But when there is an unreasonable delay, my office will assist any Member whose Bill is suffering such a delay. Hon. Owen Baya. Give him the microph…

Thank you, Hon. Speaker. Thank you very much, Hon. Caroli Omondi, for raising this issue. You need to use your power, under Standing Order 1, to vet the Bills on whether some must go to the Budget and Appropriations Committee. There are certain Bills that we come up with, but they take time. It takes you six months before a Bill is tabled at the Parliamentary Budget Office (PBO) , yet it does not …

Hon. Emaase is not talking about the Budget and Appropriations Committee, but the PBO. I am sure you are jumping up to defend the Budget and

Appropriations Committee, but he is not referring to it. Hon. Owen, I believe you are talking about the PBO.

Yes.

Hon. DK, proceed. Give him the microphone.

Thank you, Hon. Speaker. My issue is a bit unique. I had an amendment on the National Government Constituencies Development Fund (NG- CDF) Act. I appeared before the Budget and Appropriations Committee. I was advised that the matter was sub judice as a result of the ruling from the court. We were given a grace period of two years for the NG-CDF to continue while still determining what to do. I wan…

There is no lacuna, Hon. DK. The Act was declared unconstitutional, but there is a saving grace of two years while it is in purgatory, right? Hon. Ichung’wah and his team are already working on it. The team of our legal caucus in the House— co-chaired by Hon. Chepkonga, Hon. (Dr) Otiende Amollo, Hon. Osoro, Hon. Kaluma and all the lawyers— is already working on a constitutional amendment and a pos…

Hon. Speaker, thank you for the guidance. I also thank the Leader of the Majority Party. I know it is provided for in some parts of the standing orders. To put the records right, we have managed to process several Bills up to the question being put after the Second Reading. I suppose they are not affected by that Standing Order. On the issue that Hon. Baya has raised, he needs to put it also in c…

Thank you. Hon. Oundo and those in your situation, from the next Session, I will give clear direction on how long a Bill should stay in any committee so that the committees can be obligated to finish up with Bills. Some of them are very efficient. Bills do not last there for more than two or three weeks. Others keep Bills for up to a year. I will give general direction so that the Leader of the Ma…

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of Senate Amendments to the Statutory Instruments (Amendment) Bill (National Assembly Bill No.2 of 2024). (Moved by Hon. Kimani Ichung’wah on 3.12.2024 - Afternoon Sitting) (Debate concluded on 3.12.2024 - Afternoon Sitting)

Members, on their feet, take your seats. Hon DK, take your seat. You are very mobile in the House these days. Next Order.

[(Question put and agreed to)]

Order, Members on their feet. Take your seats. Mover.

[(Question put and agreed to)]

Hon. Speaker, I beg to move that the Tax Procedures (Amendment) (No.2) Bill (National Assembly Bill No.46 of 2024) be now read a Third Time, and I request Hon. Ng’elechei to second.

Hon. Ng’elechei.

Thank you, Hon. Speaker, I second.

[(Question proposed)]

I ascertain that we have a quorum to cast this vote.

Next order.

We will start with the Business Laws (Amendment) Bill (National Assembly Bill No.49 of 2024) . Chairperson.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Business Laws (Amendment) Bill (National Assembly Bill No.49 of 2024) and its approval thereof with amendments.

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 also request Hon. Junet Mohamed to second the Motion for agreement with the report of the Committee of the whole House.

Hon. Junet Mohamed.

Hon. Temporary Speaker, I second.

[(Question proposed)]

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

Yes.

[(Question put and agreed to)]

[(Applause)]

Mover to move Third Reading.

Hon. Temporary Speaker, I beg to move that the Business Laws (Amendment) Bill (National Assembly Bill No.49 of 2024) be now read a Third Time. I request Hon. Wamumbi Eric to second.

Hon. Eric Wamumbi.

Hon. Temporary Speaker, I second.

[(Question proposed)]

Put the Question.

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

Yes.

I have confirmed that we have the numbers in the House. It is properly constituted for purposes of making a decision.

[(Question put and agreed to)]

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

Chairman.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Tax Laws (Amendment) Bill (National Assembly Bill No.47 of 2024) and approved the same with amendments.

Mover.

Hon. Temporary Speaker, I beg to move that the House do agree with the Report of the Committee of the whole House in consideration of the Tax Laws (Amendment) Bill (National Assembly Bill No.47 of 2024) . I request Hon. Junet Mohamed to second the Motion.

Hon. Junet Mohamed.

Hon. Temporary Speaker, I second.

[(Question proposed)]

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

Yes

[(Question put and agreed to)]

Hon. Charles Ngusya, do you want to speak on this? Hon. Rahim Dawood? Is the Chairman of the Departmental Committee on Trade, Industry and Cooperatives in the House? There being no more interest, proceed and reply. Please, give the microphone to the Chairman.

Thank you for the opportunity to reply on this Report regarding the unfair trade practices between foreigners and our local traders. I thank Members of the Departmental Committee on Trade, Industry and Cooperatives who took time to listen to the views of traders, including the Ministry and stakeholders of the sector. I also thank Members of this House who have contributed to this Report. As I re…

Promotion Department to issue certificates which have conditionalities on the nature of compliance one has to follow as a player or a trader, especially foreigners. This should not only apply to trade from China, but also from other countries in order for our domestic players to be comfortable. After evaluating what our neighbour, Ethiopia, does, we realised that they ringfence certain areas like…

You have 30 seconds to conclude.

Thank you, Hon. Temporary Speaker. I will leave the mandate to the two tiers or categories of business.

You have 30 seconds to conclude.

I am concluding, Hon. Temporary Speaker.

Just say, “I beg to reply”.

Hon. Temporary Speaker, I beg to reply.

For the convenience of the House, I will defer the putting of the Question to a future date.

[(Putting of the Question deferred)]

Next Order.

Yes.

Hon. Wanami Wamboka, proceed to reply.

Thank you, Hon. Temporary Speaker. I want to thank the House for the opportunity to serve and deal with that big problem in our universities. It is the commitment of the Committee that I chair that we are going to try to ensure that we put these institutions back to where they are supposed to be. It takes the collective responsibility of this House to do that which the public expects us to do. It…

Did you say Moi University has moved from ICU and is now heading to the grave?

It is now headed to the grave. It cannot pay its employees. Students cannot be sustained on campus and they cannot graduate.

Pensioners cannot access their pension. That is why we are saying that it takes collective responsibility.

Hon. Wamboka, what is happening to the newly admitted students at Moi University? That statement is very serious.

Hon. Temporary Speaker, you should recall that the Committee I chair brought this issue to this House when Moi University closed indefinitely. We summoned them to the Committee and listened to their problems. The problems are grave. The problems bedevilling Moi University are not small. The university remained closed for months until less than a week ago when they had an agreement with the union, …

I call upon this House to stand in unison and look at how universities are coming down because of initiations of too many projects. You will find a university has more than five projects which it cannot fund. All of them are now going in abeyance. They cannot continue, and contractors are on site and they continue charging them fees because they cannot pay them. These are some of the things that w…

Chairperson, Public Investments Committee on Governance and Education, Hon. Wamboka, it is always very refreshing to listen to you. You are commended for the passion you demonstrate in executing the mandate of your Committee on behalf of your members.

Thank you, Hon. Temporary Speaker. Indeed, receiving such compliments from a ranking Member like yourself is not a mean feat. I want the House to also note that as at now we are at seven reports and in terms of performance, I think we have done very well. As a first-term Member of Parliament I think I have tried as a Chairman of that Committee. Thank you very much, Hon. Temporary Speaker and Membe…

Thank you for bringing your courage and competencies to bear on the work of the House. For the convenience of the House, the question to the Motion appearing under Order No.13 will be put in future. Next order.

[(Putting of the question deferred)]

Do we have the Chairperson Departmental Committee on Finance and National Planning in the House? It is dropped from the Order Paper. We will have this considered in future. Next order.

Mover? Again, the Motion appearing under Order No.15 stands dropped from the Order Paper for consideration in future as and when the House Business Committee will schedule it. Next Order.

Mover? Again, for the convenience of the House, the Bill appearing under Order No.16 is dropped from the Order Paper and will be considered in future as and when it will be scheduled by the House Business Committee. Next Order.

Do we have the Mover? Again, for the convenience of the House, the matter appearing under Order No.17 stands dropped for

House Consideration in future as and when the House Business Committee will schedule it for consideration. (Bill deferred) Next Order.

Mover? Again, for the convenience of the House, the matter appearing under Order No.18 is dropped to be considered by the House in future as and when the House Business Committee will schedule it to be transacted. Next Order.

Mover? For the convenience of the House, the matter appearing under Order No.19 stands dropped from the Order Paper of today and will be considered by the House in future as and when the House Business Committee will schedule it for deliberation. Hon. Members, thank you very much for the industry you have so far demonstrated, particularly this week. I know continuing in that spirit is why the peop…