National Assembly · Morning Sitting

There is one Statement that is being sought by Hon. Mumina Bonaya, Member for Isiolo County. Proceed, Hon. Mumina.

Hon. Deputy Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairman of the Departmental Committee on Education regarding the inequitable and inconsistent structure for teachers’ house allowance and hardship allowance in Isiolo County. Teachers working in secondary schools located within Isiolo Municipality have been wrongfully exclude…

Is the Chairman of the Departmental Committee on Education or a Member present to give an undertaking? The Leader of the Majority and Minority parties are also not here. Hon. Pukose, we shall let you inform Hon. Melly.

Thank you, Hon. Deputy Speaker. I will inform Hon. Melly, Chairman of the Departmental Committee on Education. He normally sits right next to me, here.

All right. Hon. Members, allow me to reorder the Order Paper in this respect: We move to Order No.8, then we shall come back to the responses to Requests for Statements that had been placed before the House earlier. Next Order.

Hon. Bowen, please, be silent.

[(Question put and negatived)]

Hon. Members, we will now go back to Order No.7. We have five Statements to be responded to.

Is there any Member of the Committee who is present? Yes, Hon. Bartoo.

Thank you, Hon. Deputy Speaker. I have the response to the Request for Statement, which was made by Hon. Onchoke. Drug and substance abuse is rampant among university students in Kenya. An estimated

Before we proceed, Hon. Members, allow me to recognise the presence of learners from Tido Primary School in Kisumu East, Kisumu County. They are seated in the Public Gallery. I ask Hon. Shakeel, Member for Kisumu East, to welcome them on behalf of the House.

Thank you, Hon. Deputy Speaker. It is an honour to inform you that learners from Tido Primary School, in my constituency, are here to see how Parliament operates. I am quite familiar with the school; the head teacher has been doing an excellent job. The school is now a mixed junior secondary school (JSS) and they are doing an excellent job. I welcome them to Parliament and I will see them shortly …

Next is Hon. Tongoyo. Are you ready? I will give Hon. Onchoke the Floor to say if he is satisfied with the response.

Thank you, Hon. Deputy Speaker, for the opportunity. I thank the Departmental Committee on Education for the response. However, you will note that the figures presented by NACADA and the Ministry of Education are variant and conflicting. The figure provided by NACADA is 45 per cent as the number of students who abuse substances and drugs whereas the Ministry gives a figure of 26.6 per cent. As an …

Next is the Statement that was sought by Hon. Stephen Mogaka, Member for West Mugirango. It was to be responded by the Departmental Committee on Administration and Internal Security. Is Hon. Mogaka here? If he is not present, then he loses the opportunity. So, we proceed to the next one. We can just put it on record that you have tabled it.

I think you ruled some time back that, for fairness, if the Member is not present, we table the Statement because these are materials and records of the House.

Okay, thank you.

Hon. Deputy Speaker, for the record, I beg to table a Statement sought by the Member for West Mugirango, Hon. Stephen Mogaka, regarding the trespass and failure to enforce court orders on LR/No.8481/1 in Kasarani.

Thank you. It is so tabled. Next is the Request for Statement made by the Member for Turkana Central, Hon. Joseph Namuar, to the Departmental Committee on Education. Is Hon. Joseph Namuar here? Prof. Bartoo, do you have the response to the request? You may proceed, Hon. Gisairo.

Thank you, Hon. Deputy Speaker. This is a response by the Ministry to a Question asked by Hon. Joseph Namuar, Member for Turkana Central. Rising water levels in Lake Turkana have disrupted some learning institutions in Turkana County. The county has 11 sub-counties, with 478 primary schools, 245 junior schools, and 67 senior schools. It is correct that Natole, Katula, Merier, Nangopul, Ekwar, and …

Okay. Member for Turkana Central, do you have any comments?

Thank you, Hon. Deputy Speaker. I thank the Committee through the Ministry of Education for providing us with a situation report. What matters is not just understanding what is happening on the ground, but also how we are prepared to solve the challenges. Based on the situation report, the Committee focused on informing us of the current situation. However, they did not provide solutions to the ch…

I trust the Departmental Committee on Education has noted that the Member is requesting for solutions, beyond just a status update. I would have expected the existence of contingency funds designated for emergencies, which could be accessed when needed.

[(Hon. (Dr) James Nyikal spoke off the record)]

Yes, Hon. Nyikal, what is your point of order?

It is not a point of order. I just wish to joyride on this one. It is commendable that Hon. Members are working hard to address this problem. However, the issue appears to be much larger than schools alone, because the rising water levels in Lake Turkana are caused by factors not related solely to rainfall. It is important to understand what is happening and what is expected in the future. Conside…

build new schools, but have we examined what environmental factors are at play? Have we conducted geological studies? Otherwise, in five years, the water could recede, leaving us with old schools and infrastructure. There is a bigger issue here that, perhaps, the Member of Parliament should investigate. What is causing this phenomenon, and what are the projections for the future? If this is purel…

Hon. Makali.

Thank you, Hon. Deputy Speaker. Regarding the contingency fund, at the national level, we have a reserve managed by the National Treasury. At the county level, there is also an emergency fund under the County Executive Committee Member for Finance. Yet, accessing these funds has been challenging over the past ten years. I wish the process could be simplified to enable quicker response to emergenci…

Hon. Dorothy Ikiara, I can see you wanted to comment on this one.

Thank you, Hon. Deputy Speaker. I want to weigh in on this matter and state that the problem affecting these institutions is much larger than merely constructing classrooms. Let the concerned Member adopt a more comprehensive, agency approach so that we can understand precisely what is causing the waters to rise. We know that climate change is a reality in our country, and it must be addressed. Ot…

On behalf of the Departmental Committee on Education, do you wish to say anything further before we close?

Thank you, Hon. Deputy Speaker. I sincerely appreciate the concerns raised. The Member was with us in the Committee while the Ministry was responding to these questions, and we shared the same fears that despite the allocation of contingency funds for emergencies, they are often used for other unrelated projects. Hon. Deputy Speaker, there is much high-handedness and individualistic decision-maki…

There would be a further answer on that.

Let us now move to a Response to the Request of Statement by Hon. Mumina Bonaya, from the Departmental Committee on Education. Who is doing that? Hon. Mumina, is this similar to the one you sought today?

Your Question today on hardship, house and other allowances also covered that. It is the same Question. I hope it will be addressed. In future, maybe, we should desist from asking same Questions repeatedly. It takes up time, yet the answer is the same. You may proceed.

Thank you, Hon. Deputy Speaker. This is a response by the Teachers Service Commission (TSC) to the request for Statement by Hon. Mumina Bonaya regarding the current status of the implementation of enhanced salaries and allowances for teachers in Isiolo Municipality. The TSC signed a Collective Bargaining Agreement (CBA) with the Kenya National Union of Teachers (KNUT) , the Kenya Union of Post-Pr…

Hon. Mumina, are you satisfied? I think that will also cover the Question for which you sought a response today.

Thank you. I brought this Question once again this morning because I had a session within the Committee to listen to their response. It is not true that teachers in schools listed here earn house allowance under cluster three. That is not the case. That needs to be answered.

Did you present any documentation before the Committee? This ensures it is not your word against the Committee’s.

Yes. I do not understand why they are insisting that teachers in those schools are earning house allowance under cluster three when the reality is not the case.

You said you appeared before the Committee. Did you give them documentation? Did your Committee receive documentation?

Yes, I did. Twice. I am surprised.

The Statement says: “Prior to 1st July 2024, teachers in Isiolo municipalities were earning house allowance under cluster four”. If we all listened. Therefore, what she is saying is right. If she was keen, I had said earlier that: “To this end, with effect from 1st July 2024, payment of house allowance is done based on three categories”. They go ahead to say: “Based on the addendum, the Commissio…

Is that in order, Hon. Mumina?

That is clear. Probably, the Committee needs to tell us how soon that will be done so that we do not bring such Questions to the Floor of the House again.

Okay. I hope the Committee notes. Thank you very much. Allow us to move to a Response to the Request of Statement by the Member for Garissa Township, Hon. Major Barrow. The Departmental Committee on Defence, Intelligence and Foreign Relations is giving the Statement. Is Hon. Barrow here? You may proceed.

Hon. Speaker, pursuant to provisions of Standing Order 42 (2) (c) , I requested for a Statement from the Cabinet Secretary for Defence regarding the non-compliance of a High Court judgment awarding compensation to the family of the late Abdullahi Bare Diis. Abdullahi succumbed to injuries allegedly sustained after being shot by personnel of the Kenyan Defence Forces in Garissa. Specifically, the M…

Hon. Barrow.

Thank you, Hon. Deputy Speaker. I have received the written response from the Committee, but I would like to state that the answer provided by the Chair is not satisfactory. I have documentary evidence in the form of communication between the Department of Defence and the lawyers representing the family. Therefore, the case is known, and the Ministry has all these documents. At some point in 2023,…

Yes, Hon. (Dr) Nyikal.

Hon. Deputy Speaker, last week on Thursday, I gave a response on behalf of the Committee.

I intended to give you an opportunity once we finish with this. You are next. Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Affairs, this is a recurring problem. I have seen many Questions on this matter. Rather than addressing each Question individually, it would be more effective if the Ministry indicated its policy regarding such issues when they arise.

Hon. Members, the Member for Central Imenti, Hon. Kirima, was supposed to ask a Question, but he is absent. Therefore, we shall defer it to a later date. Meanwhile, we can proceed. Hon. (Dr) Nyikal, you may now respond to the Question.

Hon. Deputy Speaker, last week during the Thursday Sitting in the afternoon, I responded to a Question raised by Hon. Irene Kasalu on behalf of the Committee regarding a body that had been retained at Kenyatta National Hospital (KNH) . This situation raised numerous questions about the constitutional and legal propriety of retaining bodies to enforce payment of hospital bills. Our Committee was ta…

Are you satisfied, Hon. Kasalu?

Thank you, Hon. Deputy Speaker. I can confirm that the body was released to the family yesterday, and they have performed the burial ceremony for the deceased. However, we must find a way forward as a country because there are still many bodies awaiting release. This morning, I received another concern about a body from Kitui County that is still being held at KNH. It is important that the Committ…

Yes, Hon. Ngusya.

Thank you, Hon. Deputy Speaker. I would like to commend Hon. (Dr) Nyikal for the excellent work he has done and my sister, Hon. Kasalu, for assisting that family in retrieving their body. However, we need to establish a solution as a country for the many bodies that remain in hospitals for extended periods, sometimes over two years. Recently, I encountered a similar case, which we resolved thanks …

Hon. (Dr) Nyikal, I hope you have noted that. These issues can be resolved through regulation. They do not require an Act of Parliament. Hon. Ochanda.

Thank you, Hon. Deputy Speaker. As we handle these isolated cases, we need to recognise that this issue is not only happening in KNH. There are many similar occurrences elsewhere. However, we need to differentiate

between incidents that happen in private hospitals and those that take place in public hospitals. Often, we find that the treatment process begins in a private facility, but ultimately, the body ends up in a public facility. The private facility is not compensated for managing a patient. Yet these bodies ultimately find their way to public facilities. In the process of treating patients, and when…

Hon. (Dr) Nyikal, I hope you have noted that. Before we proceed, I would like to recognise the presence of Blue Bee Academy from Mvita Constituency, Mombasa County. They are seated in the Public Gallery. We also have another school seated in the Speaker’s Gallery, St. Angelica and Charles School from Kiminini Constituency, Trans-Nzoia County. On behalf of the substantive Speaker and the entire Hou…

[(Applause)]

Hon. Shakeel.

Hon. Members, debate on this Bill was ongoing. I would like to know whether there are any Members who wish to speak to it. Member for Busia, do you want to speak on the Breastfeeding Mothers Bill? Okay. Hon. Waqo, do you want to speak to the Breastfeeding Mothers Bill? Go ahead.

[(Hon. Catherine Omanyo approached the Clerks-at-the-Table)]

[(Hon. Catherine Omanyo spoke off the record)]

Thank you, Hon. Temporary Speaker, for allowing me to add my voice to the Breastfeeding Mothers Bill (National Assembly Bill No.8 of 2024) . I also thank and congratulate Hon. Sabina Chege for coming up with this Bill. It shows that she is concerned about young mothers and the future of this country. It is a gift to be a young mother and to give birth to children because there are many people who…

Member for Kitui Central.

Thank you very much, Hon. Temporary Speaker. I take this opportunity to support this progressive Bill. I am not a medical doctor, but I have been listening keenly to the debate on the benefits of breastfeeding. Doctors recommend that for the first six months after birth, babies should only rely on their mother's milk. That being the case, a number of benefits are associated with breastfeeding. On…

mothers who breastfeed their children for the first six months of their life reduce their chances of getting breast cancer. I am encouraged anytime I hear such information. Some young mothers may not want to breastfeed their babies because of beauty related concerns. So, when I see a Bill which proposes to provide lactation facilities and a legal framework to ensure that mothers breastfeed their …

Member for Kangundo, do you want to contribute to the Bill? Go ahead.

Thank you very much, Hon. Temporary Speaker, for giving me the opportunity to add my voice to the Breastfeeding Mothers Bill. Breastfeeding is the best way of giving a new-born baby proper nutrition and antibodies that help to fight diseases. It also provides a pathway for a child to connect with its mother by bonding and receiving food. This Bill gives everyone the right to start life in a health…

I do not see any further requests to contribute to this Bill, so I request the Mover to reply. Member for Baringo County, do you want to contribute to the Bill? Go ahead.

Thank you very much, Hon. Temporary Speaker. I want to contribute to this very important Bill. I also want to thank Hon. Sabina. I hope the Bill will be quickly assented to. August is the National Breastfeeding Month and we want to celebrate our breastfeeding mothers. Babies should get enough bonding time with their mothers. Breastfeeding is one of the best ways to enable a mother and child to bo…

I also thank Hon. Sabina for giving us this opportunity. As a mother, I look forward to a better environment for mothers who are working to bond with their children. This will ensure that their children also have enough time with their mothers.

Thank you. Hon. Sabina Chege, it is your chance to reply.

Hon. Temporary Speaker, I thank the Members for the great support they have shown towards this Bill. It is such a coincidence that we are celebrating the World Breastfeeding Week annually from 1st to 7th August. I am very grateful that we can conclude this Bill on this day. Breast milk is very important. Mothers must understand that there is already evidence- based research showing that the first…

As we proceed with the amendments, I urge the Members to support these efforts. For those who had high hopes with the Motion passed earlier in the day, please, be assured that we will continue our work. Thank you for the opportunity. I beg to reply.

Well said. Hon. Members, for obvious reasons, voting on this matter will be done during the next sitting, when the Bill appears on the Order Paper.

[(Putting of the Question deferred)]