National Assembly · Morning Sitting

Thank you very much, Hon. Deputy Speaker. I wish to respond to a request for Statement regarding abduction of persons in Garissa Township. The Member of Parliament for Garissa Township Constituency, Hon. Barrow Dekow, requested a Statement regarding the abduction of four persons from Garissa Town: Mohamed Abdullahi Hirey, Mohamed Buya Shangalow, Mohamed Hussein Ibrahim and Idle Farah Bib. The Me…

Thank you, Hon. Raso for that response on behalf of the Chairperson of the Departmental Committee on Administration and Internal Security. Member for Garissa Township, do you have any response to that?

Thank you, Hon. Deputy Speaker. I have heard the response from the Chairman of the Departmental Committee on Administration and Internal Affairs. I want to report to this House that I do not believe or trust the information that the Member has given to be factual. We have always said that the answers we get from the ministries and departments are drawn from their computer desktops and nothing repo…

whom the Chairman has just said was not reported as a missing person, the police have information that he was abducted and reported missing on the same day by the same people who went to the police station to report. The fact that the Chairman of the Committee has come to report that Mr Shangolo is not missing, yet he is, and the person who was missing and has since been found is still being repo…

Have you noted that, Hon. Raso? How will you deal with the concerns raised by the Member for Garissa Township?

Thank you very much, Hon. Deputy Speaker. From the Statement given by the Cabinet Secretary for Interior and National Administration, it is clear that abduction of citizens by authorities linked to the Government is not within the policy of the Kenyan Government. This is because we believe in the rule of law. Our country is governed by the rule of law. The Cabinet Secretary has clearly said that t…

Hon. Beatrice Elachi, do you want to speak on this? Okay, we can now move to the next response by the Chairperson of the Departmental Committee on Agriculture and Livestock. He will be responding to the request for a Statement by the Member for Gichugu, Hon. Gichimu. Who is speaking on behalf of the Committee since the Chairperson is not present? Is the Vice-Chairperson here? Hon. Brighton? The C…

[(Hon. Beatrice Elachi shook her head)]

Hon. Deputy Speaker, our Chairperson is out of the country, but if given a chance in the afternoon sitting, we will respond.

Yes, but you know if the Chairperson is not present, there is a Vice-Chairperson or other Members of the Committee. Therefore, you must express the displeasure of the House to your Chairperson because he can delegate the responsibility to either the Vice-Chairperson or another Member of the Committee. Yes, Hon. Ruku.

Hon. Deputy Speaker, that is why it is important to talk to the leadership of this House. The Chairpersons who are not taking their responsibilities seriously are failing this House and Kenyans. It is high time that some of these committees were reconstituted afresh, so that we can see Chairpersons in the Chamber taking matters of Kenyans seriously. Thank you.

Thank you. We can move to the next response to the request for a Statement by Hon. Sarah Korere from the Departmental Committee on Agriculture and

Livestock. Again, there is no response because the Chairperson is not present. We can proceed. What is your point of order, Hon. Makali Mulu?

Hon. Deputy Speaker, was the information you have given in terms of the absence of the Chairperson of the Departmental Committee on Agriculture and Livestock communicated to the Committee? Was the Committee aware that these requests for statements were supposed to be responded to? This is because you might be blaming the Chairman and maybe he was not aware. Every committee has a chairperson and a …

Usually, the moment a statement is requested, it is immediately transmitted to the relevant Government department or ministry. Thereafter, the response is sent and marked to the committee. The committee clerk would, therefore, be aware, and he or she would then make the chairperson aware. If the chairperson is not present, any other Member can read the response. So, either the response never came …

Hon. Deputy Speaker, it is Hon. Bisau, not Hon. Kibagendi. I know there is some resemblance.

I am sorry. Yes, Hon Bisau Kakai.

Hon. Deputy Speaker, our performance is deteriorating. Hon. Yusuf Adan tabled a report by the National Cohesion and Equal Opportunity Committee yesterday. As the Chairman, he did not even have a single Member to second the report. There are situations where we have the Chairman… Hon. Deputy Speaker, I was saying that yesterday Hon. Yusuf Adan tabled a report by the National Cohesion and Equal Oppo…

Let us move to the next Order.

Thank you, Hon. Temporary Chairman. I beg to move: THAT, Clause 55 of the Bill be amended by deleting sub-clause (1) and substituting therefore the following new sub-clause— “ (1) The Registrar shall keep in the prescribed form a register of all medical devices approved by the Authority.”

On a point of order, Hon. Temporary Chairman. The Temporary Chairman : What is your point of order, Hon. Millie?

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. I just want to request that, to enable us to move fast, instead of reading out the amendment, could the Chairperson just say ‘as per the Order Paper’ then we can follow? The Temporary Chairman : I thought it should be the other way round. That is why I told him to be clear. Maybe, he can summarise but we need to tell the public what we are doing because it is…

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. This is mainly to make provisions for the inclusion of the register of all medical devices as defined under Clause 2 and approved by the Authority. The Temporary Chairman : Very well.

[(Hon. Omboko Milemba)]

(Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to)

Hon. Temporary Chairman, I beg to move: THAT, Clause 56 of the Bill be amended by deleting sub-clause (1) and substituting therefor the following new sub-clause— “ (1) A person shall not sell any medical device that is –

Hon. Temporary Chairman, I beg to move: That, Clause 57 of the Bill be amended by inserting the phrase “and shall, on conviction be liable to a fine not exceeding two million shillings, or imprisonment for a term not exceeding three years, or to both” immediately after the words “commits an offence”. This is to provide for penalty for the offence of deceptive labelling, packaging and sale of medi…

[(Question of the amendment proposed)]

be inserted, put and agreed to)

Hon. Temporary Chairman, I beg to move: THAT, Clause 58 of the Bill be amended—

Part (a) of the amendment seeks to enable the country to comply with the World Health Organisation (WHO) standards of manufacturing. This Clause is the most recent WHO organisation prescribed guidelines on good manufacturing practice. Part (b) of the amendment, which is insertion of a new sub-clause immediately after sub-clause 2, seeks to allow the authority to consult and receive advice from th…

[(Question of the amendment proposed)]

[(Question, that the words be inserted be inserted, put and agreed to)]

[(Clause 58 as amended agreed to)]

Hon. Temporary Chairman, I beg to move: THAT, Clause 59 of the Bill be amended—

On a point of order, Hon. Temporary Chairman. The Temporary Chairman : What is out of order, Hon. Dawood?

[(Hon. Omboko Milemba)]

Clause 57 mentions Ksh2 million and three years. The Temporary Chairman : We are now in…

[(Hon. Omboko Milemba)]

Yeah, I am just referring to Clause 57, which talks about Ksh2 million and three years. However, Clause 59 talks about Ksh1 million and two years. The penalties provided in the two clauses are different yet they both relate to medical devices. Could the Chairperson explain further? The Temporary Chairman : Hold your horses. Let me propose the question. Hon. Raheem, you can now continue.

[(Hon. Omboko Milemba)]

[(Question of the amendment proposed)]

Thank you, Hon. Temporary Speaker. I wanted to comment on Clause 57 but you did not see my intervention. However, could the Chairperson tell us whether the fine proposed in Clause 57 of Ksh2 million or 3 years imprisonment, is the same as that proposed in Clause 59, which provides for a fine of Ksh1 million or 2 years imprisonment? These clauses are intertwined and we need to know what he intends…

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, in Clause 57, we refer to a person who labels, packages, treats, processes, sells or advertises. In Clause 59, we are referring to a person who sells, manufactures, packages, stores or conveys for sale. These are two distinct things. The Temporary Chairman : Very well. Hon. Millie.

[(Hon. Omboko Milemba)]

Thank you, Hon. Temporary Chairman. I also want to thank the Chairperson for adopting my proposed amendments to that clause. This proposed amendment is beneficial because it addresses cases like that of the woman who died due to botched beauty enhancement procedures. Moving forward, I hope there will be provisions that criminalise the act, not just the supply and sale of such products.

[(Question, that the words to be inserted be inserted, put and agreed to)]

(Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to)

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by inserting the following new Part immediately after the new clause 59A—

Hon. Deputy Speaker, I beg to report that the Committee of the whole House has considered the Kenya Drugs Authority Bill (National Assembly Bill No. 54 of 2022) up to Clause 79 and approved the same with amendments, and seek leave to sit again.

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

Hon. Deputy Speaker, I second. Thank you.

[(Question proposed)]

We shall put the question at a later date.

[(Putting of the Question deferred)]