National Assembly · Afternoon Sitting

Thank you, Hon. Speaker. The Member for Jomvu Constituency, Hon. Bady Twalib, sought a Statement regarding the passing on of a student through the fire tragedy in Godoma Boys in Kilifi County. The Member for Ganze Constituency, Hon. Kazungu Tungule, sought a Statement regarding the rise of cases of arson in secondary schools in Ganze Sub-County. The schools were as follows:

go out of school. Following the incident, 10 students were isolated and handed over to the police for further investigations. Eight of the students appeared before the Senior Principal Magistrate in Kilifi Court 1 on 11th October 2023. The police were given 14 days to conclude their investigations. The late Fadhili Musahali Hassan had been registered for medical insurance under the Edu Afya schem…

using mobile phones and not being allowed to go out of school. The matter was handled by the school administration in line with rules and regulations on student discipline. The other school is Bandari Secondary School. The incident took place…

Hon. Malulu, that Statement is too long. The Question was simple. What is the cause of rampant incidents of school unrest in the country? You are now giving us a treatise on every school. Summarise. We have a long agenda.

Hon. Speaker, the Ministry deduced that causes of school unrest are drug abuse, examination apprehension and improper management of schools by principals according to students.

Where is the Member for Jomvu? He is not here. Where is the Member for Ganze? He is also not here. That matter rests there. Thank you, Hon. Malulu Injendi. I agree with the Leader of the Majority Party that if chairpersons of committees are given statements by Cabinet Secretaries, whose supplementary questions they find uncomfortable or unable to handle, they should visit the Office of the Speake…

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 Finance and National Planning regarding the current state of cryptocurrency regulation in Kenya. The introduction of the Finance Act, 2023, included a provision mandating a 3 per cent tax on cryptocurrency transfer or exchange of digital a…

Thank you, Hon. Irene Mayaka. Hon. Kimani, that is directed to you. You can bring a response in two weeks’ time.

Yes, Hon. Speaker. I would like to thank CPA Irene for requesting this Statement. The Committee was already seized of this matter. We will give a comprehensive Statement to the House in the next two weeks.

Thank you. You also have a Statement. Go ahead.

Hon. Speaker, I rise to give the following Statement under Standing Order 44 (2) (b) regarding a matter handled by the Departmental Committee on Finance and National Planning. On or around 9th October 2023, the Committee received complaints from several Kenyans who are members of the Safaricom Investment Co-operative, who alleged that the SACCO had duped them into investing in a non-existent affo…

Petition E003 of 2021, Francis Mugarami Kamau and 6 others versus Sycamore Pine Limited and 2 others. The court has since ordered the stoppage of construction of the estate pending a hearing and determination of the objection. Safaricom Investment Cooperative terminated its agency agreement with Sycamore Pine Limited following that development through a letter dated 9th September 2021. Safaricom I…

Thank you, Hon. Kimani. Let us now go to Questions. Leader of the Majority Part, you may bring in the Minister. I am sorry, Hon. Mule. You had a request. You can prosecute it as the Minister comes in.

Thank you very much Hon. Speaker. I want to thank Hon. Kimani for his response. However, I requested for a statement from the same Committee led by Hon. Kimani about three to four months ago regarding the East African Development Bank. To date, I have not received a response to that statement request. I know it was a request for a statement that attracted national interest. I would wish to hear fr…

Hon. Kimani, can you do that early next week?

Yes, Hon. Speaker. The Departmental Committee on Finance and National Planning endeavours to process statements and matters that have been referred to it in record time. I would like to inform the Hon. Member that that matter is still within the purview of the Committee. The only challenge that we face is that the East African Development Bank is one that has shareholding of member states of the E…

Thank you. Now bring in the Minister. Hon. Members, I want to repeat what I said. The questioner will have opportunity to ask one supplementary question, then we will have one joyrider, if any, to ask a supplementary question. We have 20 Questions. I want us to deal with these Questions in the next one hour so that we go to other businesses. Hon. Members, the distinguished Cabinet Secretary for I…

Hon. Edwin Mugo, Member for Mathioya. He is not in the Chamber. The Question is dropped. Next is Question Number 013 by the Member for Nakuru Town East, Hon. David Gikaria. I have received a letter from him nominating the Member for Gilgil to ask the Question for him. Go ahead, Member for Gilgil.

[(QPN 012/2023 dropped)]

Minister, respond please. The Cabinet Secretary for Interior and National Administration : Thank you, Hon, Speaker. Jasmine Njoki aged 12 years and a grade 7 student at Roots Academy left home on the fateful day of 19th September 2023 and went to school. She was dropped from school but she did not arrive home from the centre where she was dropped. Between the centre and her home, the girl disapp…

[(Prof. Kithure Kindiki)]

investigations, including Deoxyribonucleic Acid (DNA). On that day, the suspects were released on bond by the court but they are supposed to be reporting to the Directorate of Criminal Investigations (DCI) Gilgil every two weeks until the investigations are concluded and charges are preferred. The suspects will take plea once forensic analysis of DNA reports are availed. The measures that the pol…

Hon. Martha Wangari.

Thank you, Hon. Speaker. My supplementary question to the Cabinet Secretary is whether he is aware that Nakuru has no Government Chemist and the Director of Criminal Investigations (DCI) , Gilgil, has to take samples to Kisumu and Nairobi? What are the plans to devolving the Government Chemist? What are the plans to making sure that the reagents for testing DNA are actually availed for the Governm…

Cabinet Secretary. The Cabinet Secretary for Interior and National Administration : I concur with Hon. Martha Wangari that the facilities of the Government Chemist are outstretched. The offices and presence of the Government Chemist is grossly inadequate. Secondly, the chemicals and reagents that are required by the chemist are not adequate. The reason being many years of under investment in tha…

[(Prof. Kithure Kindiki)]

Thank you. Let us have the Member for Kinango, Hon. Gonzi Rai ask Question 014/2023

Cabinet Secretary. The Cabinet Secretary for Interior and National Administration : Hon. Speaker, on 15th September, 2023 at about 9.00 a.m., the deceased, Mr Nyae Ngalaa Chamtu, aged about 23 years, was picked from their homestead by persons alleged to be GSU officers attached to…

[(Prof. Kithure Kindiki)]

He says he is a minor. Is it a minor or an adult? Hon. Gonzi Rai, is it a child or an adult.

He is 23 years old.

That cannot be a minor.

Both because he is deceased. He is just somebody who was killed.

[(Laughter)]

Thank you. Hon. Gonzi Rai.

Hon. Speaker, first, the issue of age cannot be ascertained because the young man did not have an identity card. However, that being the case, is the Cabinet Secretary admitting that innocent Kenyans can now mercilessly die at the hands of GSU officers without any meaningful Government intervention? In view of the fact that the Cabinet Secretary has not provided reasons why the officers arrested t…

Cabinet Secretary. The Cabinet Secretary for Interior and National Administration : Hon. Speaker, contrary to what Hon. Gonzi Rai has stated, the policy of this administration is zero tolerance to impunity irrespective of whether it is perpetuated by private citizens or by officers of Government, including those in the security agencies. As I have said, investigations have been done and I do not …

[(Prof. Kithure Kindiki)]

who may have committed this crime against that innocent Kenyan will have their date in court. The Government, the Ministry and the National Police Service will not try to protect a rogue officer who misuses the instrument of state power to kill, torture or hurt innocent Kenyans. Justice will be done.

Thank you. Yes, Hon. Gonzi Rai. I said one supplementary.

Thank you, Hon. Speaker. Why I am making this allegation is that…

Give him the microphone.

On 26th July this year, the same GSU officers invaded a certain homestead in the same area and beat up six people. They were taken to hospital and to date nobody has been charged. In September, they killed this young man and nobody has been charged. So, we are wondering where we are headed to. People are just being beaten up. They are not being taken to police stations for onward transmission to c…

Cabinet Secretary. The Cabinet Secretary for Interior and National Administration : Hon. Speaker, I am aware that there have been repeated complaints about that GSU camp. I have evidence of my colleague, the Cabinet Secretary for Mining, who comes from that area. The occasion Hon. Gonzi Rai is alleging there was a violation associated with police officers is true. The Internal Affairs Unit of the…

[(Prof. Kithure Kindiki)]

Next is Question 15/2023 by Hon. Aduma Owuor.

Cabinet Secretary. The Cabinet Secretary for Interior and National Administration : Hon. Speaker, I will answer part one of the Question by the Member for Nyakach. We followed through our commitment to investigate the security situation in Sondu area at the border of Kisumu and Kericho counties. That area is prone to recurrent violence. I agree with the Member for Nyakach that the latest surge o…

[(Prof. Kithure Kindiki)]

[(Applause)]

Hon. Aduma.

Thank you, Hon. Speaker. I thank the Cabinet Secretary because I know he has made tremendous effort to ensure that there is peace in the area. That notwithstanding, there are many people who suffered. They lost property running into millions of shillings. I do not know whether there are any measures in place to compensate the victims of the clashes.

Thank you. Hon. Basil. Cabinet Secretary, you can now take a joyrider’s question.

Thank you, Hon. Speaker and Cabinet Secretary. We are now approaching the Christmas festive season. I would like to know what the Ministry is planning to do to manage the increase of crime associated with the festive season. Thank you.

Cabinet Secretary, I will allow one more supplementary question from Hon. Rozaah Buyu.

Thank you, Hon. Speaker. I want to confirm that this has been a major discussion in the Departmental Committee on Defence, Intelligence and Foreign Relations. Recently, the Cabinet Secretary announced that they had transferred thousands of police officers. During the investigation, he had also said that there were some compromised officers who were transferred. I would like to ask the Cabinet Sec…

laxity, friendliness and all those other things that come with people working in a locality for too long can be eliminated? Thank you, Hon. Speaker.

Cabinet Secretary. The Cabinet Secretary for Interior and National Administration : Once we tame the ogre of violence and the people who have visited this violence on the residents of Sondu, taking advantage of boundary and revenue collection issues but basically committing crime... Once we are done with fixing the perpetrators, we will commence a peace building process in the next few days for s…

[(Prof. Kithure Kindiki)]

Hon. Monicah Muthoni, Member for Lamu County. Hon. Aduma, I gave you…

Thank you, Hon. Speaker.

Hold on, Hon. Monicah. Yes, Hon. Aduma.

Hon. Speaker, there is something little I raised, which seems to have escaped the attention of the Cabinet Secretary. I asked whether these people could be accommodated just to restore them. Is there anything little the Government can do to restore them because those are small-scale businesses? I know we cannot restore lives but for the families who lost property and houses, is there anything the …

Do you have any capacity to help the displaced victims settle? That is what he is asking. Something little, he says.

If you ask me about capacity, I would say no. I answered that question in this manner – we are committed to sustainable peace building in that

area. For that reason, we have instructed our peace building unit to look at possibilities of making some form of closure and reparations in a modest way, not in terms of compensation, but in terms of softening the edges so that the communities on both sides of the border who have been affected by the violence can have sustainable peace. We will find a way of having some form of one-off token for …

Hon. Muthoni.

Hon. Speaker, I rise to ask the Cabinet Secretary for Interior and National Administration the following Question. Could the Cabinet Secretary:

Hon. Kaluma.

Hon. Speaker, I am satisfied by the response of the Cabinet Secretary. I want to just request that the matter be followed up to the end. If there are any aspects of the investigations that remain, they be concluded so that justice

can be done to the victim and the victim's family. This was a young girl we have educated from secondary level through the National Government Constituencies Development Fund (NG- CDF). I remember we were to assist even in getting her body buried. I am grateful for the intervention so far. Thank you.

Thank you. The next Question to the Cabinet Minister by Hon. John Makali, Member of Parliament for Kanduyi, will be deferred. The Member has requested so, and I have acceded.

[(Question 143/2023 deferred)]

Question No.197 by Hon. Zamzam, Member for Mombasa. She is not here and there is no communication with the Chair. The Question is dropped. Next is Question No.198 by Hon. Paul Nzengu, Member for Mwingi North. Give the microphone to Hon. Nzengu. Go ahead Mheshimiwa. Question 198/2023

[(Question 197/2023 dropped)]

Hon. Speaker. I am just getting the Question. Hon. Speaker, I rise to ask the Cabinet Secretary for Interior and National Administration the following Question. Could the Cabinet Secretary:

Hon. Nzengu, from the facts given to the House, do you not think that any further interrogation of this sub judice matter will undermine the process of the inquest? My advice is that having got those facts, you leave it there. We let the inquest take its course so that justice is done either for the person for whom you are asking the question or for those who are complaining. Thank you.

Hon. Speaker, I am well guided but can I ask a supplementary question?

Go ahead.

Thank you very much. To the Cabinet Secretary, it is about the issue of Thagicu Sub-County that was awarded a sub-county in 2016.

Oh no. I can only allow you to ask a supplementary on your question which we have agreed with you and you said you are properly guided. Now you are asking a totally different question. Go ahead and ambush him.

Thank you, Hon. Speaker. Hon. Speaker: Cabinet Secretary, you now listen to that ambush. The Cabinet Secretary for Interior and National Administration : Okay.

[(Prof. Kithure Kindiki)]

There is a sub-county in my constituency called ‘Thagicu’, which was created in 2016 and he happened to be at that time with the President. That sub-county is not operational because it has a Deputy County Commissioner (DCC) who has no vehicle, office or house to stay. It is completely in chaos and it does not have a code. They cannot receive any funding from the Government, and they cannot do rec…

Cabinet Secretary. The Cabinet Secretary for Interior and National Administration : Hon. Speaker, I am familiar with Thagicu Sub-County. I confirm that that sub county is in great need: no vehicle, no office, no nothing for the DCC. I also confirm that His Excellency the President visited Thagicu in Mwingi North on January 15th and directed that we

[(Prof. Kithure Kindiki)]

provide the office vehicle and all the facilitation that is required for the DCC. I confirm to Hon. (Eng.) Paul Nzengu that we have put resources in this financial budget and the DCC will have an office, a residence and a car.

Thank you. Question 201/2023 by Hon. Clive Gisairo. Question 201/2023

Hon. Speaker, I beg to ask the Cabinet Secretary for Interior and National Administration the following Question. Considering that the 2019 Kenya Housing and Population Census reported that Ndhiwa Constituency with seven wards and a population of 218,136 people, and land size of 713 Sq. Kilometres, could the Cabinet Secretary explain steps the Ministry is undertaking towards sub-dividing the const…

Cabinet Secretary. The Cabinet Secretary for Interior and National Administration : Hon. Speaker, it is true that we have received proposals for sub-division of the current Ndhiwa Sub-County within Ndhiwa Constituency into three sub-counties, which are: Ndhiwa East, which will be a new sub-county, with the headquarters in Lwanda Kobita; Ndhiwa West, a new sub-county with headquarters at Ratanga; …

[(Prof. Kithure Kindiki)]

[(Hon. Mwenje, Hon. Elachi and Hon. Sabina Chege consulted loudly)]

Order. Is that Hon. Mwenje? You can hold your kamukunji out of there. The other day you were fighting viciously with Hon. Sabina Chege, but now you are animated in discussions in the House.

[(Laughter)]

That should…

Thank you, Hon. Speaker. I appreciate the acknowledgement and merit that Ndhiwa deserves this. But as he said earlier, prevention is equally important. Even if the resources are scarce and we all acknowledge that, Cabinet Secretary, I would also ask when it will be gazetted. That does not take a lot of money, so that there is hope for the people that it is gazetted and now we are waiting for it to…

Cabinet Secretary, gazette and operationalise later. The Cabinet Secretary for Interior and National Administration : I understand the Member, and it helps sometimes to…

[(Prof. Kithure Kindiki)]

I can see the Member for Tiaty is also itching to ask the same question. I will not allow you. Let the Cabinet Secretary answer you in his answer. The Cabinet Secretary for Interior and National Administration : There is merit in what the Member for Ndhiwa is saying. We will endeavour to

[(Prof. Kithure Kindiki)]

gazette, perhaps not the entire proposal. We can gazette it in phases progressively by the end of this financial year and then maybe the next financial year, we gazette the other proposals, again because of budgetary constraints. To answer him, yes, by the end of this financial year, we will gazette and then we operationalise in future on a priority basis.

Next is the Member for Kinangop. Is Hon. Kwenya Thuku in the House? That Question has been dropped. Next is the Member for Kitutu Chache South, Hon. Antoney Kibagendi. Yes, Hon. Kamket. Tiaty was already mentioned by the Cabinet Secretary.

[(Question 264/2023 dropped)]

[(Hon. Kassait Kamket raised his hand)]

It was not mentioned favourably. I am a worried man because listening to the Cabinet Secretary some of us urgently need the administrative units. When the Cabinet Secretary gives a verbal commitment, I understand him…

How else do you want him to respond to supplementary questions? It can only be verbal.

Hon. Speaker, kindly indulge me for a moment. All I am asking is that if it is agreeable, the Cabinet Secretary should gazette the administrative units. It does not cost much to put up a gazette notice. Since it is agreeable, why can the Cabinet Secretary not gazette this as we wait for the finances to operationalise? Where I come from, we are suffering from lack of administrative units. The Membe…

Cabinet Secretary, that is just a comment. The Cabinet Secretary for Interior and National Administration : Yes, I have heard and engaged with the Member for Tiaty, the Member for Baringo North, the Member for Kajiado West and many other Members. On the issue in Tiaty, I indeed committed because for us to achieve the security outcome, part of the solution is to add administrative units in many of…

[(Prof. Kithure Kindiki)]

Next is Hon. Antoney Kibagendi. Question 265/2023

Hon. Deputy Speaker, I beg to ask the Cabinet Secretary the following Question. Could the Cabinet Secretary:

Cabinet Secretary, you may proceed to answer. The Cabinet Secretary for Interior and National Administration : Hon. Deputy Speaker, it is, indeed, true that changes were made to the National Police Service and the Kenya Prison Service medical insurance schemes last year. The Government of Kenya had a contract to provide medical cover for the National Police Service and the Kenya Prisons Service b…

[(Prof. Kithure Kindiki)]

Yes, Member for Gilgil.

Thank you, Hon. Deputy Speaker. I also thank the Cabinet Secretary because he had provided a written answer beforehand. The clarification I want to get is how this sits in the whole Government approach, considering that police officers, especially junior officers, are not unionisable. They have no

way of getting those concerns heard. When I read the response, I saw the CS confirming that some money from the National Health Insurance Fund (NHIF), about Ksh750 million, has not been accounted for and yet, we are doing a restructuring of the same NHIF. I would like to know how that sits with the Government and the whole Government approach, especially with the reviewed Universal Healthcare Cove…

Hon. Cabinet Secretary. The Cabinet Secretary for Interior and National Administration : Hon. Deputy Speaker, I agree with the Member of Parliament for Gilgil on ensuring that police officers access as many facilities as possible even when they are on transfer. Luckily, there is an ongoing discussion on the contractual arrangement that will be in place from 1st January. I am sure that this recomm…

[(Prof. Kithure Kindiki)]

Member for Gilgil, are you satisfied?

Thank you, Hon. Deputy Speaker. I would like to seek only one clarification from the Cabinet Secretary. I have just been sent one pay slip for August for a police constable. He is contributing Ksh1,300 per month to the NHIF. Have you totally parted ways with the NHIF, or are you making remittances to them and yet, they are not giving you the services you need as the Police Service?

Cabinet Secretary.

The Cabinet Secretary for Interior and National Administration (Hon. (Prof.) Kithure Kindiki): Members who are still contributing to the NHIF are entitled to use their NHIF cards. The other scheme is over and above the NHIF. The officer can choose which scheme to use. You are entitled to services from the NHIF if you contribute to it.

Cabinet Secretary, you have been very patient. There is one last question from the Member for Lamu East, Hon. Captain Ruweida.

Ahsante, Mhe. Naibu Spika. Kwa sababu ya umoja wa watu wa Lamu, ninaomba kujibiwa maswali ya pili na tatu kwa maandishi. Nimeshajibiwa swali la kwaza katika vyombo vya habari. Pia, Rais na Waziri Kindiki wamevalia njuga swali letu la kutengwa au marginalisation. Ndio maana tunapata barabara ya kwanza. Rais alikuja kuweka barabara ya kihistoria siku ya Jumamosi. Katika miaka sitini, hatujawahi kup…

Haukuwa na swali?

Mhe. Naibu Spika, nikiuliza hili swali, litatenganisha watu wa Lamu sana. Sitaki tuonekane kama ni sisi dhidi ya wao. Itakaa ni kama ni vita baina ya sisi na wao, na litachangia zaidi utovu wa usalama. Ningeomba Waziri ajibu swali langu la pili na la tatu kwa maandishi. Swali la kwanza limepitwa na wakati, kwa sababu Waziri mwenyewe amewahi kulijibu katika vyombo vya habari. Ahsante.

Ahsante. Nimekuelewa. You have dropped the Question.

[(Question 454/2023 dropped)]

Hon. Cabinet Secretary, thank you for your extreme patience. This is probably the longest time Questions have taken. We appreciate your time. I also appreciate the Hon. Members who were asking Questions and waiting patiently. Hon. Chair, we still have the Committee of the whole House to transact and two other matters before we adjourn. Next Order.

Hon. Members, putting of the Question will be deferred for obvious reasons. Next Order

[(Putting of the Question deferred)]

Hon. Members, again, putting of the Question to this Motion will be deferred for obvious reasons. Let us move to the next Order.

[(Putting of the Question deferred)]

Hon. Chairman, Select Committee on NG-CDF, you may move.

Thank you, Hon. Deputy Speaker, I beg to move the following Motion – THAT, taking into consideration the findings of the Select Committee on the National Government Constituencies Development Fund in its Report on the vetting of a nominee for appointment as a member of the National Government Constituencies Development Fund Board, laid on the Table of the House on Tuesday, 7th November 2023, and …

Proceed Seconder. Give the microphone to Hon. Kawanjiku.

Thank you, Hon. Deputy Speaker. I thank the Chairman of the Select Committee on NG-CDF for doing some good work, especially in vetting Hon. Gabriel Kago Mukuha to be a member of the National Government

Constituencies Development Fund Board. He was a Member of this House in the 12th Parliament and a Member of the Select Committee on NG-CDF. He knows the pros and cons as far as the NG-CDF is concerned. He knows the challenges that face the Members because he was one of the Members of the National Assembly. He has utilised the NG-CDF to the maximum for the people of Githunguri. Having come from Kia…

Thank you.

Let me give this chance to the Mover to reply. As Members, the mood of the House is that no one wants to debate this.

Hon. Deputy Speaker, I wish to thank the House for agreeing with the Committee of NG-CDF to approve Hon. Gabriel Kago Mukuha. He was a great Member of this House, and we are sure of what he will give to the NG-CDF as an experienced board member. We know Members who have already gone through this system of being in Parliament understand the effects and ways of dealing with Members of Parliament and…

Thank you. We shall defer the putting of the Question to a later date. However, I have a Communication before we move to the next Order. You are out of order Hon. Member for Budalang’i ,and you seem to have made it a habit.

[(Hon. Raphael Wanjala shouted from the Plenary)]

Hon. Members, you will note that the Statutory Instruments. (Amendment) Bill (National Assembly Bill No.2 of 2023) is scheduled for consideration in the Committee of the whole House today under Order No.11. In this regard and in line with Standing Order 133 (2) , several amendments have been received from various Members, including the Hon. Deputy Speaker, on behalf of the House Procedures and Hou…

Hon. Members, this amendment has the effect of shifting the current negative procedure of consideration of Statutory Instruments in the House to a positive procedure. In this way, Hon. Members of the Committee on Delegated Legislation will be required to report to the House all statutory instruments referred to it. Whereas this will be within the legislative mandate of the House, the proposed ame…

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 2 and substituting therefor the following new clause — ‘‘2. Section 11 of the Statutory Instruments Act, 2013 is amended in subsection (4) by deleting the words “but without prejudice to any act done under the statutory instrument before it became void”. Hon. Temporary Chairman, the import of this amendment is…

[(in this Act referred to as “principal Act”)]

[(Hon. Omboko Milemba)]

[(Question of the amendment proposed)]

Thank you very much, Hon. Temporary Chairman. I am quite reluctant to go that way because I foresee a situation where bureaucrats would probably enact, propose or publish subsidiary legislation that they clearly know are unconstitutional, but for which they know they have been given advance immunity. In my opinion, we need to be very careful if we have to go the route the Chairperson is proposing.…

[(Hon. Omboko Milemba)]

Thank you very much. I respect my colleague, but that is not the constitutional order of this country. Would you say that all the regulations that are promulgated will be declared unconstitutional before they come into effect?

It is this House that declares these regulations because we have already given the cabinet secretaries the power to make them. Our role is to oversee them. You have been given the power. That is the reason we have the role of oversight to ensure that all regulations that are made are in accordance with the Constitution, the Statutory Instruments Act and the enabling legislation. If it does not com…

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by inserting the following new clause immediately after Clause 2— Amendment of section 15 of No. 23 of 2013.

Hon. Temporary Chairman, the consequence of this amendment is that we are deleting Section 12 (3) of the principal Act. We also seek to repeal Section 19, so that we can bring in Clause 5, which is a substantive amendment. Section 12 would negate our proposed amendment to Clause 5. I thank you. Temporary Chairman : On the proposed amendment to Clause 3 by Hon. Oluoch, who fortunately or unfortu…

[(Question, that the new clause be read a Second Time, proposed)]

[(Question, that the new clause be read a Second Time, put and agreed to)]

[(Question, that the new clause be added to the Bill, put and agreed to)]

[(Hon. Omboko Milemba)]

[(Proposed amendment by Hon. Anthony Oluoch dropped)]

[(Clause 3 as amended agreed to)]

Hon. Temporary Chair, I beg to move that the new Clause 4 be read a Second Time. Again, the same reasons apply because of the consequences of the amendment in Clause 5. I thank you. (Question, that the new clause be read

[(Question, that the new clause be read a Second Time, proposed)]

a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) The Temporary Chairman (Hon. Omboko Milemba): As you can see on your Order Paper, Hon. Anthony Oluoch had an amendment to this one. He is not there. Therefore, that amendment is dropped. There was also an amendment by the Deputy Speaker who is the Chairperson of the Procedure and House Rules C…

I beg to move that New Clause 5 be now read a Second Time. The reason we are seeking the amendment of the principal Act in Section 23 is to introduce a new sub-section that provides that instruments made by statutory-making authorities like cabinet secretaries go through Parliament or its committees. Recently, we had a problem. A person appeared before us and presented draft regulations. In the a…

[(Hon. Omboko Milemba)]

[(Question, that the new clause be read a Second Time, proposed)]

[(Hon. Omboko Milemba)]

I commend the Committee for this well- thought-out amendment because regulation-making authorities have become rogue. They are starting to misuse delegated power to make laws. I hope subsequent sections will have a penal consequence for disobeying a particular section. Thank you, Hon. Temporary Chairman. Amendment of Section 23 of No. 23 of 2013.

(Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) New Clause 6 THAT the Bill be amended by inserting the following new clause immediately after New Clause 5—

I beg to move that New Clause 6 be now read a Second Time. We are seeking to amend Section 24 of the principal Act. The reason being that the penalty provided under the Statutory Instrument Act is Ksh20,000 for failure to comply with regulations and imprisonment is six months. Surely, who cannot pay Ksh20,000? It is no longer a deterrent. The reason some regulations are annulled when brought here…

[(Question, that the new clause be read a Second Time, proposed)]

[(Question, that the new clause be read a Second Time, put and agreed to)]

[(Question, that the new clause be added to the Bill, put and agreed to)]

[(Clause 1 agreed to)]

[(Hon. Omboko Milemba)]

Hon. Temporary Chairman, I beg to move that the House reports its consideration of the Statutory Instruments (Amendment) Bill (National Assembly Bill No.2 of 2023) and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

Let us have the Chairperson on the first Bill. The first Bill was the National Government Constituencies Development Fund (Amendment) Bill. Please, move reporting.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the National Government Constituencies Development Fund (Amendment) Bill (National Assembly Bill No.13 of 2023) and approved the same with amendments.

Mover of the Bill to move for 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. Waqo to second the Motion for agreement with the Report of the Committee of the whole House. Hon. Naomi Waqo seconded.

[(Marsabit County, UDA)]

[(Question proposed)]

Thank you very much, Hon. Temporary Speaker. I would like to thank the Chairperson of the Select Committee on the National Government Constituencies Development Fund (NG-CDF) . This is a well-done job. It will resolve some of the problems we usually encounter in court. Members may not be aware of what the presiding Temporary Speaker did. I wish you were in court on that day. This Fund would have b…

the Select Committee on the NG-CDF. The Committee allowed the leader of the Majority Party and the leader of the Minority Party to move the amendments. So, I want to thank the two leaders. This was a bipartisan amendment. I thank all the Members for a job well done.

It appears there is no more interest in this debate. Hon. Oundo.

Hon. Temporary Speaker, in my community, we say that it is only the orange tree that has good fruits that receives all the stones thrown. When children come from school and find ripe oranges on a tree that they cannot climb because its owner may find them, they will pick stones and throw at the oranges and when the oranges fall down, they will pick them and go. The sustained attack on the NG-CDF …

Thank you very much. Hon. Keynan.

Thank you, Hon. Temporary Speaker. Allow me to thank the Chairman of the Select Committee on the NG-CDF, the indomitable Hon. Sirma, the great legal mind of Hon. Chepkonga and the cohorts that took time to sift through the NG-CDF Act in order to come up with a law that will stand the test of time in terms of constitutionality and other parameters. I had the privilege of serving Parliament before t…

Let us finally have Hon. Beatrice Elachi and it should be a brief comment. We are not at Second Reading.

Thank you, Hon. Temporary Speaker. As a Member of the Committee, I just want to thank the Committee and the Chair. We have walked a journey and I am hoping this closes all the chapters we have gone through, in court and everywhere and everyone talking about it. One of the good things is that everyone

appreciates and everyone in this country can see the work of the NG-CDF. They will want to see us now move with speed to ensure the junior secondary school works, but more importantly, the next task that we have is to see all the Standard Eight pupils join schools. I know most of the day schools are going to be very overwhelmed. We need to move with speed and I am hoping the national Executive wil…

Thank you, Hon. Beatrice Elachi. Hon. Members, for the convenience of the House, the putting of the Question for agreement with the Report of the Committee will stand deferred to the next time the matter will be scheduled for consideration by the House Business Committee. Could we have the Chairperson to report to the House? We are on the Statutory Instruments (Amendment) Bill, (National Assembly…

[(Putting of the Question deferred)]

Hon. Gathoni Wamuchomba, MP, the Mover of this Bill is not in the House. It will be dropped for now. Move to the next Order.

Hon. Benjamin Gathiru, MP, the Mover of this Bill is engaged in other State duties. Step it down for today. Next Order.

Again, the Mover, Hon. Benjamin Gathiru MP, is engaged in other State duties. It will be stepped down to be rescheduled by the House Business Committee. Next Order.

For the convenience of the House, this one will be stepped down to be moved the next time it is scheduled by the House Business Committee. Next Order.

Hon. (Capt.) Ruweida Obo MP, is the Mover, but she is engaged in other functions of Parliament. This Bill is stepped down for consideration until when rescheduled by the House Business Committee. Next Order.

The Mover, Hon. Malulu Injendi MP, is also engaged elsewhere on State duties. This Bill is stepped down for consideration next time. Next Order.

THAT, this House adopts the Report of the Departmental Committee on Sports and Culture on its consideration of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, laid on the Table of the House on Thursday, 12th October 2023 and pursuant to the provisions of section 8(4) of the Treaty Making and Ratificati…

The Chairperson of the Departmental Committee on Sports and Culture, Hon. Wanyama. Again, for good reasons, he is engaged in other State functions on behalf of Parliament. This Motion is stepped down for rescheduling by the House Business Committee. Next Order.

The Chairperson, EAPA-FSN Caucus,