Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Departmental Committee on Defence and Foreign Relations on the Status and Ownership of the Military Cargo Aboard MV Faina.
Mr. Deputy Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice.
What is the legality and viability of the newly created districts in view of the recent judgment by the Kisii Resident Judge declaring them illegal?
Mr. Deputy Speaker, Sir, under the principle of collective responsibility, I am waiting for the Minister to come and answer this important Question!
Do you want to answer on behalf of the Minister?
Mr. Deputy Speaker, Sir, I do not have a copy of the answer!
We can move on to other Questions as we wait.
asked the Minister of State for Provincial Administration and Internal Security:-
(a) to table a list of the doctors authorized to sign a Kenya Police Medical Examination Form (P3) in each province; and, (b) what urgent steps he is taking to ensure that there is an increase in the number of doctors authorized to sign the forms.
Where is the Minister of State for Provincial Administration and Internal Security? Let us move on to the next Question. Mr. Mwakulegwa!
asked the Deputy Prime Minister and Minister for Local Government, considering that the controversy surrounding Voi Bus Park has been resolved and alternative land identified, when he will allocate funds for this vital project.
Where is the Deputy Prime Minister and Minister for Local Government? Let us move on to the next Question!
asked the Minister for Roads:-
(a) why no money has been provided for the maintenance of Nanyuki-Lewa Road for the last two financial years; and
(b) when he would take action to seal the large potholes and generally maintain the road whose bad state has caused several accidents.
Mr. Deputy Speaker, Sir, on behalf of the Minister for Roads, I beg to reply.
(a) It is not true to say that no money has been provided in the last financial year for maintenance of the Nanyuki-Lewa Road. The Ministry of Roads has been providing money for the maintenance of Nanyuki-Lewa Road as follows:
Mr. Deputy Speaker, Sir, the written answer I have talks about Kshs125 million and not KshsKshs125,000. However, the years mentioned as the time when money was given--- The road is worse off than in past years. It is shocking to know that Kshs125 million was given for maintenance of a stretch of about 40 kilometers. We would like to know what kind of maintenance this was, because the road is in a pathetic situation. Was it resealing, pothole patching or what kind of maintenance was it? Motorists are finding it difficult to drive from Nanyuki to Lewa Dam as of now.
The works that were carried out comprised of partial overlay and reconstruction of sections of the road. This involved a total of 14 kilometers which at that time were badly damaged. There was also further work done to seal potholes and rectify drainage work.
So, all that was done but I am informed that the condition of the road has deteriorated. I will convey that message to the Minister to give instructions for the sum of Kshs11 million in the current Budget to be applied immediately to make the road motorable.
Mr. Deputy Speaker, Sri, while I do appreciate the answer given by the Minister, and recognizing that the Ministry has done well all over the country in attending to these problems---
Order, hon. Members! Consult in low tones.
Mr. Deputy Speaker, Sir, I understand that there is only one Chair.
I would wish to ask the Minister to inform this House why the road between Kenol and Murangâa was abandoned and the contractor left site. The road was dug up to the extent that it is not motorable anymore. When is the Minister going to allocate more funds to complete the project?
Mr. Deputy Speaker, Sir, you will appreciate my dilemma. I am not quite in a position to deal with that particular question, because I think it is substantially different from the Question that I was dealing with, but I will relay this information to the Minister, with a request that he deals with it.
Mr. Deputy Speaker, Sir, from the number of Questions that we have been directing to the Ministry of Roads, you gather that we talk about a lot of figures in terms of money being spent. What is the Ministry doing? I think there is a problem of information not getting to the headquarters from the ground very quickly? For example the Question that I asked about Kisumu-Kakamega Road, and compared with
Mr. Deputy Speaker, Sir, there could be problems of communication, but you are all aware that the Ministry of Roads has recently carried out major reforms, including the establishment of specific road authorities to deal with specific jurisdictions covering our roads network. I believe that these reforms were aimed at improving and dealing with the kind of problems the hon. Member has raised. I do hope that with the establishment of regional centres around the country, the authorities will be able to deal with specific sections of our roads, so that the question of the headquarters not knowing what is happening on the ground will not arise anymore. That will be history. I am personally confident that the current set-up will deal with the kind of question raised by the hon. Member.
Mr. Deputy Speaker, Sir, I would like the Minister to inform the House on what measures the Ministry undertakes on roads that are hardly five years old and already have serious potholes, for example, the Voi-Mtito Andei Road. We know that it is hardly five years old and already there are very serious potholes on it. Are there measures in place to get the contractors to re-do or maintain roads to the required standards?
Mr. Deputy Speaker, Sir, he is talking about a major road in this country, which continues to be destroyed because of the load carried on it. You know that the Ministry recently took severe measures to enforce axle loads, and all transporters and motor vehicle owners who carry heavy loads were required to comply with the requirements of the law by removing the fourth axle. All that has been done, and I am aware that the situation has improved considerably. We now expect our roads to last longer and serve people more effectively.
Mr. Deputy Speaker, Sir, if you look at the amounts being quoted in connection with roads--- We are talking about Kshs140 million to repair a section of a road of about 40 kilometres long. Could the Minister tell us how much is required to refill potholes or even tarmack one kilometre of a road?
Mr. Deputy Speaker, Sir, it is very difficult to be specific on this particular question, because the cost varies. It is really the work of engineers who carry out estimates before any work is undertaken. I would like to say that it is generally very expensive to carry out any road development. It is equally very expensive these days to carry out even repairs due to the cost of materials and the kind of designs involved. Consideration has also to be given to the quality of road you want, the number of vehicles expected to pass on it and the load expected to be conveyed on it.
Mr. Deputy Speaker, Sir, I think the hon. Member has asked the Minister a specific question, namely how much the Ministry spends on average on one kilometre of a road, but he is not answering it!
Order! The Minister has to complete the answer before you can determine whether he has answered it or not. You cannot cut him short then say that he has not answered it.
Mr. Deputy Speaker, Sir, I started by saying that it is very difficult for me to be specific about this, because it really depends on what kind of road you expect to construct. On the whole, I would say that the average cost per kilometer, if you
Last question, Mr. Ruteere!
Mr. Deputy Speaker, Sir, now that Kshs125 million was spent on a 14-kilometre stretch and the entire stretch of 52 kilometres from Nanyuki to Lewa Junction is completely dilapidated, and only Kshs11 million has been allocated, what assurance is the Minister going to give that the Kshs11 million is going to be used on the section that needs repair? Is it going to be released quickly so that the road does not deteriorate further?
Mr. Deputy Speaker, Sir, I confirm once again that Kshs11 million is available and arrangements will be made to ensure that money is released to carry out repairs on the sections which are badly damaged. I am sure the Minister for Roads will consider long-term action by way of carrying out permanent works on that road.
Next Question, Mr. Ombui!
asked the Minister for Roads:- (a) whether he could indicate the number of classified and tarmacked roads in Borabu District; and, (b) what steps the Government is taking in order to improve and expand road infrastructure in the district.
Mr. Deputy Speaker, Sir, I beg to reply. (a) The following is a breakdown of both classified and untarmacked roads in Borabu District. We do not have any Class A roads in Borabu District; we have 12 kilometres of Class B roads, that is paved to bitumen standard roads; we have 21.5 kilometres of gravel roads of C classification; we have 29 kilometres of Class D gravel standard; we have 10 kilometres of Class E gravel standard; We have 17.2 kilometres of earth roads, Class E; we also have 54.4 kilometres of roads under the settlement roads classification and then 29.2 kilometres of rural access roads or gravel roads. (b) The Ministry is rehabilitating Keroka-Sotik Road at a contract sum of Kshs.1.2 billion where part of this road, in fact, a large chunk of it, passes through Borabu District. In addition, a total of Kshs1.5 million has been set aside to be used under the Kazi Kwa Vijana Programme. The money has been utilized in carrying out off carriageway road maintenance work by the local youth within the district. The Ministry of Roads will also improve and expand the road infrastructure in accordance with the work plan drawn by the District Roads Committee for the year 2009/2010.
Mr. Deputy Speaker, Sir, I thank the Minister for the answer he has given. However, since he has given clearly the distances covered by each road, could he state clearly where each road starts from and where it ends?
Mr. Deputy Speaker, Sir, that is a mammoth assignment! I have a map here of Borabu District showing all the roads I have mentioned.
Could you, please, table it?
Mr. Deputy Speaker, Sir, I will table it.
I presume that you are satisfied, Mr. Ombui!
Mr. Deputy Speaker, Sir, my Question was very clear. I asked the Minister to give a list of the classified and tarmacked roads in Borabu District. He has given distances. However, these distances must start from somewhere and end somewhere. I do not know which roads are covered in Class âCâ, âDâ and âEâ. I need to get very clear information.
Mr. Deputy Speaker, Sir, we talked about 12 kilometres of Class âBâ Road constructed up to bitumen standard, that is KerokaâSotik Road. A large section of the road between Metamaywa and Chebilat is in Borabu District. The Borabu section actually covers the 12 kilometres I mentioned. We talked of Class D Roads, here we are referring to Ikonge-Chebilat section in Borabu District. We talked of Class B Road, this is Kijauri to Raitigo. Again, we talked of Class D between Getare and Mokomoni. We talked of another Class E Road; it is the road through Chepngâombe Estate. Another Class E, earth road is between Nyasiongo and Nyamasibi. The last one is Class E, this is gravel road between Raitigo and Bomet.
Mr. Deputy Speaker, Sir, classified roads attract funding. There are not very many roads which are classified in North Eastern Province. That is why every financial year, the province continues to suffer in terms of road rehabilitation. What is required for a road to be classified? What is it that the Ministry requires to justify the classification of a road? Is it that you have to know the Minister and he can do it for you?
Mr. Deputy Speaker, Sir, going back specifically to North Eastern Province where the hon. Member wants us to classify roads, I referred earlier to the question of the recent reforms, we now have the Kenya Rural Roads Authority (KERRA) which will be operating in the region. We are also going through these reforms to establish the Constituency Roads Committees to replace the District Roads Committees (DRC). I feel that is an area where hon. Members of Parliament who operate their own constituencies, can influence the kind of work they want carried out on these roads. I do not want to say much, but let us adopt the concept of Constituency Roads Committees. I hope this will be done next week and then we will sit in those Committees to influence the kind of roads we want rehabilitated in our own areas.
Mr. Deputy Speaker, Sir, I am not still satisfied with the answer given by the Minister. In his answer, he has mentioned, Getare-Mokomoni Road. This is a road which is almost one and a half kilometres. He has talked about 29 kilometres. Could I respect him to come with a comprehensive answer as far the starting points and ending points of these roads are concerned? The answer he has given is not very clear.
Mr. Deputy Speaker, Sir, I did not say that Getare- Mokomoni Road is 29 kilometres long. Again, I will lay the schedule on the Table of this House, so that the hon. Member can scrutinize it further. This map shows the classified roads in Borabu District.
I believe that the answer I have given is fairly comprehensive; I suggest the hon. Member for North Mugirango examines the list which I have laid on the Table.
asked the Minister for Forestry and Wildlife:- (a) if he could state the circumstances under which Mr. John Wachira Kihia was dismissed from services of the then Ministry of Environment and Natural Resources; and, (b) why he was dismissed, considering that the then Nyandarua District Forest Officer conveyed to them a letter dated 21st March, 2003, indicating that he had been unwell.
Minister for Forestry and Wildlife! Next Question, hon. Affey.
asked the Minister for Justice, National Cohesion and Constitutional Affairs:- (a) why the Government has not established a High Court in the whole of North Eastern Province; and, (b) when he plans to establish one.
Mr. Deputy Speaker, I beg to reply. (a) The Judiciary is aware that the whole of North Eastern Province lacks High Court Station. (b) To address this, the Garissa Magistrate has been gazetted as a High Court sub registry. The station has also been identified among others for the construction of a High Court under the Judiciary Performance Improvement Project (JPIP) to be funded by the World Bank. This will be done as soon as funding negotiations are finalized
Mr. Deputy Speaker, Sir, you realize that the Assistant Minister has confirmed that actually North Eastern Province is the only province in the country today which has no High Court essentially denying the people of that region access to justice. Cases are referred from Mandera to Marsabit which is over a distance of 1,500 kilometres. It, therefore, means that many people in that area have resorted to settling their disputes through the traditional methods. Cases of murder and rape are now determined by elders because people have no access to justice in that part of the country. He himself received a report from a task force that was appointed by the Government and chaired by Eng. Sharawe. One of the recommendations of that task force which the President and the Prime Minister promised to implement immediately was to provide a High Court facility. Why can the Government not use that report to upgrade the sub
Mr. Deputy Speaker, Sir, I would like to agree with my colleague here that it is very unfair that the Kenyan people in northern Kenya are unable to access the High Court. Because the Government has realized this unfortunate situation, they are now saying that there are funds to put up a High Court in Garissa. It is, indeed, a very unfortunate situation. I want to say that there are serious steps which are being undertaken and very shortly, we will be putting up a High Court in Garissa.
Mr. Deputy Speaker, Sir, I am glad the Assistant Minister appreciates that access to justice is a constitutional right. The fact that there are negotiations going on about the funding or constructing of the High Court in Garissa is not enough. In view of the fact that the people of North Eastern Province are all suffering from lack of access to justice, could the Assistant Minister tell the House exactly when he expects construction to start in Garissa?
Mr. Deputy Speaker, Sir, I am informed that in the next six months or so, we are going to begin construction of the High Court in Garissa.
Mr. Deputy Speaker, Sir, it has taken the Government more than 40 years to realize that the people of North Eastern Province require justice. Pending the construction of this court, would you consider visiting justice or a circuit system whereby judges in the nearer stations can be sent to this area to administer justice while you consider whether or not you will build this court?
Mr. Deputy Speaker, Sir, the proposal by my learned senior is, indeed, a good one. I want to promise that we will consider, as a Ministry, if that can be pursued.
Thank you, Mr. Deputy Speaker, Sir. As the Assistant Minister has very ably responded to this Question, because it applies to North Eastern Province and noting that serious commitment, could the Assistant Minister, at the same time, indicate the amount of money that they have already earmarked for this facility so that this marginalized area could also appreciate the construction of the court facility?
Mr. Deputy Speaker, Sir, this financial year, Kshs462 million was set aside for constructing High Courts and I cannot specifically state the specific figure for this particular project. I will try and establish that fact and pass this information on to my colleague.
Hon. Affey, your last question on this?
Mr. Deputy Speaker, Sir, I just want to thank the commitment given by the Assistant Minister and I hope that he can follow it up. The court in Garissa now, as he said, is a sub-registry. I am told that in Machakos, they had a sub-registry which has now been made a High Court facility. Can you consider, in the meantime, upgrading this facility so that it can handle the cases?
Mr. Deputy Speaker, Sir, the same idea is what my senior learned friend, hon. Imanyara, proposed and I think I had made a commitment that we will consider that proposal.
On a point of order, Mr. Deputy Speaker, Sir. The Assistant Minister has said that he is going to consider this proposal. Is it a commitment that he
Mr. Assistant Minister, give a firm commitment!
Mr. Deputy Speaker, Sir, considering is part of commitment.
Okay, it is fair enough.
On a point of order, Mr. Deputy Speaker, Sir. I think the subject is very serious and the Assistant Minister does not appear to understand the difference. Mr. Imanyara was proposing visiting justice; that means a judge from another station going there for a number of days and coming back. But hon. Affey is asking the sub-registry to be upgraded, in the meantime. Those are two different things.
Mr. Deputy Speaker, Sir, there was clear distinction between the two positions and I was very clear. I said the construction of the High Court in Garissa will be done within six months. Within the period of six months, I said we can consider upgrading this facility. That is another proposal in addition to what my senior learned friend also proposed.
Next Question, hon. Elijah Lagat!
I am made to understand that the Minister is not in a position to answer this Question. She is, apparently, not feeling well. This Question will be put on the Order Paper on Wednesday afternoon next week.
asked the Minister for Agriculture whether he could consider writing off the loans advanced to farmers in Njoro, Lare and Mau-Narok divisions in view of total crop failure caused by prolonged drought and post-election violence.
Thank you, Mr. Deputy Speaker, Sir. I wish to seek the indulgence of the House so that I can answer this Question next week on Thursday because the answer which I have received is very unsatisfactory.
Okay, that is fair enough!
Mr. Deputy Speaker, Sir, as I accept the request which has been put by the Assistant Minister, I would like him to go and do thorough research because this Question has been asked severally. We have a feeling that there are some areas which are being marginalized. Other areas have been considered yet in my constituency, these people have not been considered.
That is fair enough! The Chair directs that this Question appears on the Order Paper on Thursday afternoon, next week and the Minister will come with a satisfactory answer.
Mr Nyammo not here? Next Question, by Mr. Clement Waibara!
asked the Minister of State for Special Programmes:- (a) whether she is aware that there are thousands of Internally Displaced Persons who have been camping in the Kyeni Forest, Gatundu North constituency for 17 years, following the 1992 post-election violence; (b) what measures she is taking to ensure that they are resettled in their original homes or given alternative land so that they may rebuild their lives and when will it be done; and, (c) when she will also resettle hundreds of other IDPs affected by the 2007 post-election violence in various camps in Gatundu North Constituency and make arrangements to provide them with basic living necessities.
Mr. Deputy Speaker, Sir, I beg to reply. (a) I am not aware that there are thousands of Internally Displaced Persons who have been camping in the Kyeni Forest, Gatundu North constituency for 17 years following the 1992 post-election violence. (b) My Ministry has not taken any measures towards resettling the said IDPs. The mandate of the Ministry in resettling IDPs is limited to those affected in the 2007 post- election violence after Legal Notice No. 11 of 30th January, 2008. (c) My Ministry does not have reports of IDPs affected by the 2007 post-election violence from Gatundu North constituency. All registers of IDPs were closed on 31st December, 2008.
Mr. Deputy Speaker, Sir, is the Minister in order to mislead this House that she is not aware of IDPs camping at Kyeni Forest and yet the Ministry has been giving them relief food for 17 years now? I would wish to table a list of names of the IDPs in Kyeni. The list includes names of those affected during the 2007 post- election violence.
Order, Mr. Waibara!
Mr. Deputy Speaker, Sir, in normal circumstances, I should have been excited to hear his voice on the Floor of the House considering that it is his maiden speech. However, considering that he has the wrong information, I must then correct him.
On a point of order, Mr. Deputy Speaker, Sir. Mr. Waibara has actually laid on the Table a document showing the list of names of IDPs who are camping at Kyeni Forest. Without the Minister even looking at the document, she already doubts the hon. Member! We had an opportunity to look at the document and actually it has rubber stamps from the DCâs and DOâs offices.
Mr. Deputy Speaker, Sir, it is important for hon. Members to know the procedure which is to be followed. The Procedure is not for hon. Members to come up with lists and bring them to our offices. Provincial administrators were tasked to do that. We did the exercise which was supposed to have ended at the end of September, 2009. However, I extended the duration, within which the lists would have been brought to my office, by three months.
On a point of order, Mr. Deputy Speaker, Sir. Is it in order for the Minister to stand up and say that it is not for the Members of Parliament to lay documents on the Table even before she looks at them? Is it in order for her to tell a sitting Member of Parliament that it is not for him to table documents when his role as a Member of Parliament is to represent his constituency and lay any necessary documents on the Table?
Mr. Deputy Speaker, Sir, hon. Members are free to bring documents here and table them. However, the procedure for bringing registered lists to our Ministry has to be followed. Members of Parliament were not tasked to be the ones to register IDPs in their areas. That document, whether it was done by the provincial administrators or not, it was not my duty to go there to collect it. I gave an extra time of three months for provincial administrators to deliver the lists to my office. It is not fair for a list to be
On a point of order, Mr. Deputy Speaker, Sir.
Order, Dr. Khalwale! Allow the hon. Minister to finish what she has to say!
Mr. Deputy Speaker, Sir, we have been feeding people in Gatundu North but, according to our records, we are not aware that they were IDPs. So, feeding people is one of the duties and mandates of my Ministry. I continue to feed people all over the country. I am not aware of this particular case and I do not have to stand here to give the wrong information to this House!
On a point of order, Mr. Deputy Speaker, Sir. I beg to insist that the House directs the Minister to look at this list of 35,000 Kenyans who she has been feeding for 17 years. Could she confirm whether the list of names is real or fake? Where else can these people go?
Order, Dr. Khalwale! When papers are laid on the Table, they are given to the Chair for authentication. You do not expect that to be done in a matter of a flash! The Chair is going through the papers! Indeed, the papers have been stamped by the DO, Mangu Division, Gatundu. However, the papers do not indicate whether these people are internally displaced or not. The document is talking about âhouseholdsâ. It, nonetheless, states the place of origin---
Order, Mr. Waibara! Much as this is your maiden Question and speech, you still have to understand the rules of the House! You do not argue with the Chair!
The document states the places of origin of these individuals. For example, it states that the places of origin are Rift Valley Province, Nyanza Province---
Order, Dr. Khalwale! Do not give me the pleasure of sending you out of the House for the remainder of the afternoon! So, the document states that and I will direct that it be given to the Minister.
This is a very serious issue!
Order! The Minister has said that it is not the responsibility of the Minister to collect papers on the Floor of the House. Indeed, there are procedures in the Government. When she says that the procedure of submitting the list of names of IDPs to her office---
On a point of order, Mr. Deputy Speaker, Sir.
Order! She has a point when she says that there is a procedure to be followed when forwarding these names. In any case, Madam Minister, go through the list of names and proceed to answer the questions.
On a point of order, Mr. Deputy Speaker, Sir.
What is your point of order, Mr. Mbugua? The Minister is not on the Floor for you to rise on a point of order! You normally rise on a point of order when you want to say that somebody is out of order.
Mr. Deputy Speaker, Sir, the maiden speech and Question by the hon. Member were interrupted! Is it in order for this House to interrupt a maiden speech?
Indeed, the tradition of the House is not to interrupt an hon. Member when he or she is making a maiden speech. But for Godâs sake there is nothing called âMaiden Questionsâ which go in a whole litany!
Mr. Deputy Speaker, Sir, the issue of IDPs has been going round and round. We are aware, and this is proof, that there are many IDPs who have never been catered for. I seek your direction regarding those IDPs who are still here and there. They have been acknowledged by this Government through its administration and yet the Minister wants to deny them. I seek direction as to how they are going to be re-settled.
Mr. Deputy Speaker, Sir, maybe, if I explain to the hon. Members, it will be easier for them to understand! Even in the list of names of people from Central Province, there were no names of IDPs in Gatundu North. The verification exercise took place for six months, starting from July, 2008 to the end of the year. Where were these people? Why were they not registered then? Secondly, all genuine registers have been counter-signed by two persons, namely, the area District Commissioners (DCs) and our co-ordinators in those districts. Looking at this document, I do not have to go back to our records. There is no signature of our co-ordinator. Even according to our records, we do not have any IDPs in Gatundu North! Those are the facts. Mr. Deputy Speaker, Sir, there is the issue of people coming up with new registers every day. Almost two years later, we cannot have IDPs being registered left, right and centre; and being registered in the wrong way by politicians! Politicians are even putting in the so-called âregistersâ, names of their campaigners and calling them IDPs!
What is it, Mr. Baiya?
On a point of order, Mr. Deputy Speaker, Sir. The Question raised by Mr. Waibara is very clear â that there are IDPs in Kyeni Forest, in his constituency. The Minister has even been given a list of those IDPs. Those of us who are on the ground
What was your point of order, Mr. Lessonet?
Mr. Deputy Speaker, Sir, mine is a supplementary question.
Mr. Deputy Speaker, Sir, there is a consequence of the directive given by the Prime Minister on the people who are moving out of the Mau Forest. How many people are you likely to be feeding right now and how many people do you anticipate to be feeding in the next one month, as a consequence of the directive of the Prime Minister on the Mau Forest IDPs?
Mr. Lessonet, you are out of order in the sense that you have asked a totally different Question.
On a point of order, Mr. Deputy Speaker, Sir. When the Minister was answering the Question, she said that some politicians are compiling lists of IDPs. Could she substantiate that allegation by giving us a list of the politicians who are making lists, and produce those lists?
Mr. Deputy Speaker, Sir, I do not even have to go very far. We can even see a list that has been brought here, which is not counter-signed by my co- ordinator! So, it is pretty obvious that politicians are actually coming up with lists!
On a point of order, Mr. Deputy Speaker, Sir. You can see the way the Minister is answering this Question and how she is actually making it an issue that is entertaining her! This is not an issue that entertains! For her to come here and allege that those of us who are affected by this issue are listing our campaign managers as IDPs is imputing improper motive on us. This issue needs more seriousness from the Minister. She has a list of people, and not bags of potatoes! It is important that she pays attention to it and gives it the seriousness it requires. Just the other day, these IDPs were called âhawkersâ. I think we are now playing with a big issue. It is important that the dignity of this House is maintained. The seriousness that this issue requires must be given to it. We do not want people to be entertained by IDPs here!
Order! Order, hon. Members! Let us have the Minister respond to the point of order raised by Mr. Kioni and then you can raise points of order.
Yes, Madam Minister!
Mr. Deputy Speaker, Sir, first of all, I did not know that âhawkingâ is an insult. I have just realised that today. Not all those IDPs are hawkers, but quite a number of them used to do small businesses. What do you call business people who usually go round selling things? They are hawkers! That is not an insult. I am surprised that today, âhawkingâ is being referred to as an insult! Having said that, what I now want to point out is very interesting. If the issue of IDPs had been left to our Ministry to deal with, we would have been through with it by now, but it has been made worse because of political interference. So, could politicians leave us alone, so that we can do our work?
On a point of information, Mr. Deputy Speaker, Sir.
Madam Minister, are you ready for his information?
Mr. Deputy Speaker, Sir, let him go ahead and inform us. Maybe, there is something I do not know.
Mr. Ruto, give us the information. Maybe, it will get us somewhere.
Mr. Deputy Speaker, Sir, I want to inform my âsisterâ that she is treading on very dangerous grounds. It is expected that when she is given a list of IDPs, she would go with it to be verified by the technocrats. It is not appropriate---
Order, Mr. Ruto! That is not information. It is an advice. Go and advise her at your own time. If you rise on a point of information, you are supposed to give substantive information that would add value to our deliberations.
On a point of order, Mr. Deputy Speaker, Sir.
What is it, Mrs. Odhiambo-Mabona?
Mr. Deputy Speaker, Sir, are we in order to continue discussing a list that has been disputed by the Minister? Can we not give her a chance to go and verify that list, instead of harassing her over facts she is yet to verify?
Mrs. Odhiambo-Mabona, are you suggesting that the Question be deferred?
Yes, Mr. Deputy Speaker, Sir.
Indeed, the Chair is of the same opinion; that the Minister goes back to her office, verifies the information and comes back to answer the Question again, because of the sensitivity of the matter. That is not to say that the Minister is wrong or the hon. Member Questioner is wrong. It is because the matter is sensitive. The Minister should go back to her office and bring us more information. Therefore, the Question shall appear on the Order Paper on Wednesday morning, next week.
On a point of order, Mr. Deputy Speaker, Sir. There is an issue that arose earlier on. Dr. Shaban is known to be a very sober Minister but this afternoon, she has been particularly belligerent. You heard her inform the House---
Order! Order, Mr. Olago! You cannot call a fellow Member of Parliament belligerent. If you wish to do that, you can go and come back with a substantive Motion. The matter---
Order! Do you want to stand when the Chair is on his feet? The matter has been put to rest.
Next Question by Mr. Kapondi!
asked the Deputy Prime Minister and Minister for Finance whether he could table the names of former Members of Parliament who have received ex-gratia payment, as recommended by the Justice Cocker Tribunal, showing the total amount involved as well as the status of tax deducted from each of the recipients.
Order! Mr. Minister, you did communicate certain information to the Chair. Would you want to repeat the same or would you want the Chair to deal with the matter? Mr. Kapondi, the Chair has received communication from the Deputy Prime Minister and Minister for Finance that says as follows:- âThe benefits and ex-gratia of the former Members of Parliament does not fall within the mandate of the Treasury. It is with Parliament.â I decline to believe that this is true. Normally, such Questions are addressed to the Leader of Government Business. In this case, since we do not have a Leader of Government Business, you will direct it to the Prime Minister. So, let this Question appear on the Order Paper to be responded to during Prime Ministerâs Time on Wednesday, next week.
Hon. Members, let us go back to Dr. Khalwaleâs Question by Private Notice.
Mr. Deputy Speaker, Sir, I beg to ask the Minister of State for Provincial Administration and Internal Security the following Question by Private Notice.
What is the legality and viability of the newly created districts in view of the recent judgement by the Kisii Resident Judge declaring them illegal?
The Minister of State for Provincial Administration and Internal Security is still not here! Under the circumstances, that is flouting of the provisions of Standing Orders. The Minister, therefore, will not transact any business in this House pending giving us a satisfactory answer for their absence from the House today.
asked the Minister for State for Provincial Administration and Internal Security:- (a) to table a list of the doctors authorized to sign a Kenya Police Medical Examination Form (P3) in each province; and, (b) what urgent steps he is taking to ensure that there is an increase in the number of doctors authorized to sign the forms. Mr. Deputy Speaker, Sir, I am asking this Question for the second time.
The Minister is not in and; therefore, under the circumstances, the same order is given. The Minister will not transact any business in this House pending furnishing the Chair with a satisfactory reason for failing to answer this Question today. Next Question by Mr. Mwakulegwa!
asked the Deputy Prime Minister and Minister for Local Government when he will allocate funds for Voi Bus Park considering the controversy surrounding it has been resolved and alternative land identified.
Mr. Deputy Speaker, Sir, I beg to reply. The construction of the bus park was terminated by the Ministry because of controversy surrounding the ownership of land which was not resolved before the Budget of 2009/2010 was prepared. Now, since the controversy has been resolved, the Ministry proposes to factor the project in the 2010/2011 Estimates.
Mr. Nguyai, you should have apologized to the House for coming late!
Mr. Deputy Speaker, Sir, my apology for coming late. In fact, the written reply had not arrived and I was waiting for it. I sincerely apologize to the House for not being on time.
Mr. Deputy Speaker, Sir, the answer is very brief but all the same, now that the Assistant Minister has given an undertaking of proceeding with the project, could he consider allocating some funds during the Supplementary Budget?
Mr. Deputy Speaker, Sir, I assure the Member that all efforts will be made. However, as you are aware Supplementary Budgets are normally within the framework of the existing Budget and so, if that fails, we will factor it in 2010/2011 Budget.
Mr. Deputy Speaker, Sir, could the Assistant Minister inform this House why he wants to put this money in the Supplementary Budget and why the Voi Municipal Council should not put it in their own budget? The cemetery saga was a result of the same reason. The Ministry of Local Government put it in its Supplementary Budget and it did not go through the council.
Mr. Deputy Speaker, Sir, the process of allocation for the construction of bus parks can be done on either process. I think the issue of transparency and accountability barely depends on the parties that are going to run the procedure. I do not think that is too big an issue or too big an item.
Mr. Deputy Speaker, Sir, the issue that affected Voi Bus Park has affected many bus parks in this country. These are mainly the bus parks which were being done under the Urban Development Authority (UDA). Among them is Kitui Bus Park. What is the Ministry doing to make sure that all these bus park projects which have stalled are completed? They are all over the country.
Mr. Deputy Speaker, Sir, we obviously are negotiating and trying to push as huge a budget allocation as possible but I think it is important to note that we were given only Kshs100 million for the construction of bus parks. With the ongoing projects it was not sufficient. However, we are pushing as hard as possible to ensure that we get a better budgetary allocation. That is obviously a factor of liaison with the Treasury and the Budget report that will be laid on the Table in June.
Mr. Deputy Speaker, Sir, I am aware that the bus park which was to be constructed was under the ownership of the Voi Municipal Council. Could the Assistant Minister inform this House the cause of controversy in terms of ownership? Was it grabbed or allocated by the municipal council and to who and why?
Mr. Deputy Speaker, Sir, Mr. Joho obviously has asked a very relevant question. The course of the controversy initially was that the residents themselves did not want the location and went to court. They were given a hearing and injunction. Eventually, the contractor had to terminate the initial construction. After negotiation and arbitration, a new site was settled for. By the time the site was settled for, the Budget Estimates had been done. That is why this particular project was not factored in.
Fair enough! Last question on that, Mr. Mwazo!
Mr. Deputy Speaker, Sir, considering that bus parks are vibrant economic activities in any urban centre, why did the Ministry fail to package this to be included in the Economic Stimulus Programme?
Mr. Deputy Speaker, Sir, under the doctrine of collective responsibility, I can only say that it is a factor that will be considered. However, I think I need to mention that the number of bus parks that are required in almost every business centre in this country are numerous. I think we need to have more innovative ideas in terms of getting them constructed. I would urge Members to consider looking into public/ private partnerships as a way of solving the problem of meeting the demand for bus parks. We will obviously look and see if we will ensure that it is in the next economic stimulus package.
Next Question by Mr. Kioni!
asked the Minister for Forestry and Wildlife:-
The Minister for Forestry and Wildlife still not here? Under the circumstances, the Minister will not transact any business in the House pending furnishing proper reason why he is not able to answer this Question today. Next Question by Mr. F.T Nyammo!
Mr. Nyammo is not here! Question is, therefore, dropped!
Mr. Deputy Speaker, Sir, I rise to seek a Ministerial Statement from the Minister for Education. In January this year, the Ministry of Education, through the Kenya Institute of Education (KIE) implemented changes in the school syllabus allowing students to take simpler sciences as opposed to pure sciences. Last week, the Ministry, through the Kenya National Examinations Council (KNEC), issued a restriction on the implementation of the changes it had earlier done. It restricted the directive to involve whole schools and not individual students. I am seeking to know the following:- (i) Why has the Ministry restricted the option to schools belatedly and without involvement or consultation with the relevant stakeholders as it had earlier done? (ii) What does he propose to do about the current Form Three students who took up the option of the simpler sciences early in the year, but are currently stranded as a result of the latest directive, considering that they cannot go back to the pure sciences half-way the syllabus duration? (iii) What action does he propose to take to ensure that in the future, different institutions in charge of syllabus and examination management under his Ministry will co-ordinate and work harmoniously while implementing similar changes to avoid confusion and hardships to students and other stakeholders?
Prof. Olweny, would you want to give an undertaking on when you will have the Ministerial Statement ready?
Thank you, Mr. Deputy Speaker, Sir. I undertake to bring a Statement to the House on 1st of December. That will be Tuesday.
Tuesday when? Tuesday next week or the week after?
Mr. Deputy Speaker, Sir, the week after next week. This is because the whole of next week the Ministry of Education will be involved in an International Conference in Mombasa.
Mr. Deputy Speaker, Sir, I just want to point out that the issue is quite urgent because there are actually some students who are already stranded; they do not know whether to do pure sciences or to abandon the subject. .
Mr. Assistant Minister, will you consider having the Ministerial Statement on Thursday, next week?
Mr. Deputy Speaker, Sir, the whole of next week, we will be in Mombasa for that conference.
Fair enough! Under the circumstances, the Chair directs that we have the Ministerial Statement available on Tuesday, the week after next week. Yes Mr. Olago Aluoch!
Mr. Deputy Speaker, Sir, I rise to seek a Ministerial Statement from the Minister of State for Special Programmes on the apparent problems afflicting the voluntary evacuees from the Mau, pertaining to shelter and food sustenance. In particular, the Statement ought to address itself to the following pertinent and urgent issues:
(i) What steps has the Ministry taken to ensure timely delivery of food and shelter to those who are leaving the Mau?
(ii) Why the Ministry staffers are unwilling or not ready to act proactively and promptly? Mr. Deputy Speaker, Sir, that is all!
The Minister of State for Special Programmes!
Fair enough. The Chair so directs. Next Order!
On a point of Order, Mr. Deputy Speaker, Sir. The Assistant Minister, Ministry of State for Provincial Administration and Internal Security, Mr. Orwa Ojode, had undertaken to give a Ministerial Statement on the trip to the Coast today. In fact, he had indicated that he would be ready with it today. So, we want to know what the indication from the Government is.
Yes, indeed, he was supposed to have given two Ministerial Statements today. As you know, he is already under sanctions. He was not available to answer the Ordinary Questions and the Questions by Private Notice. The Chairâs directive has first to be vacated before he can take a date.
Mr. Deputy Speaker, Sir, this is a continuation of the moving of the Competition Bill---
On a point of order, Mr. Deputy Speaker, Sir. Could you confirm that you have vacated your original order against this Assistant Minister?
Indeed, yes! The Chair did vacate those orders. The Assistant Minister gave a satisfactory answer for the absence of both the Minister and the Assistant Minister. Under the circumstances, he can continue and transact business on the floor.
In that case, Mr. Deputy Speaker, Sir, could you also direct that my Question which prompted that Order to be put in force be put on the Order Paper on Tuesday? It was in respect of---
Was it a Question by Private Notice?
Yes, Mr. Deputy Speaker, Sir, on De la Rue.
Under the circumstances, the Chair directs that, that Question by Private Notice appears on the Order Paper on Tuesday afternoon, next week.
On a point of order, Mr. Deputy Speaker, Sir.
What is your point of Order? All the Questions by Private Notice will take precedence over the other Questions.
Mr. Deputy Speaker, Sir, you recall yesterday afternoon, the hon. Assistant Minister was ordered not to answer my Question on Public Procurement Oversight Authority. Could we have the same on the Order Paper as Dr .Khalwaleâs?
Fair enough! The Chair directs that your Question also appears on the Order Paper next week. Proceed Dr. Oburu.
Thank you, Mr. Deputy Speaker, Sir. Both the answers are ready. So, we will be ready to answer them next week. This is a continuation of the moving of this Motion. As I stated, this is a very important Bill. At that stage when I was interrupted because of lack of quorum, I was on Part IV of the Bill which talks about mergers. Clause 41 provides for the mergersâ definition which occurs when one or more undertaking, directly or indirectly acquired or establishes direct or indirect control over the whole or part of another business. The Bill proposes regulation of all mergers, horizontal, vertical, and conglomerate. It goes further to define control as inter alia owning more than 50 per cent of the issued share capital.
On a point of Order. The hon. Member is reading a speech. I thought he should be referring to talking points. I thought it is against the Standing Orders to do that. He is reading a speech directly. He is not contributing or enlightening us on the Bill.
Mr. Deputy Speaker, Sir, Government Ministers are allowed to read speeches unless the hon. Member, I thought he is an old Member of this House--- Yes, I am reading a speech. And you were a Minister, I do not know whether you never read anything. Clause 47 provides for revocation of mergers authorized on misleading information and to enhance transparency. It compels the Authority to publish reasons for all its decisions in relation to merger decisions.
Mr. Deputy Speaker, Sir, Clause 48 provides for appeals to the Tribunal. Also, the Tribunal has a time limit of four months to determine the appeals. The Tribunal is also required to issue written notices and reasons for its decisions.
Mr. Deputy Speaker, Sir, Part V talks about control of unwarranted concentration of economic power. This particular section provides for the Authority to be checking the concentration of economic power in relation to production and distribution of goods and services. Unwarranted concentration will be deemed to be prejudicial if it increases costs, price, profits; lessens competition and quality of goods and services in the economy.
Mr. Deputy Speaker, Sir, Clause 51 provides for the Authority to get submissions from the undertaking being investigated. Clause 52 empowers the Authority to order any undertaking to dispose of such portion of interests in production, distribution or supply of services which may be causing unwarranted concentration. Nevertheless, the order should not create units---
On a point of order, Mr. Deputy Speaker, Sir. I did not get a direction from the Chair. I am referring to Standing Order No.72.
Have you read Standing Order No.72 and understood it very well?
Yes, Mr. Deputy Speaker, Sir.
Do you still insist on saying that your authority is based on Standing Order No.72? Standing Order No.72 says:
Thank you, Mr. Deputy Speaker, Sir. I do not know what is itching my good friend.
âItchingâ is not parliamentary language!
Mr. Deputy Speaker, Sir, I withdraw the word.
Mr. Deputy Speaker, Sir, Clause 54 sets offences and penalties and the procedures for appeal.
Part VI is a very important section. It refers to consumer protection and relates to consumer welfare. Clause 55 prohibits false or misleading representation of goods in regard to standard, quality, value, sponsorship, approval, performance characteristics, origin and after-sale service. Mr. Deputy Speaker, Sir, Clause 56 prohibits unquestionable conduct. Unquestionable conduct will be perceived in relation to inter alia, relative strength of the person and consumer; understanding of the consumer in regard to the nature of transaction or contract and whether there was any undue influence exerted. Unquestionable conduct shall also be construed in relation to banking, microfinance, insurance and other services if fees are imposed without informing the consumer. Mr. Deputy Speaker, Sir, Clause 57 prohibits unquestionable conduct in regard to business transactions, that is, a consumer who is buying for resale or a business consumer. When analyzing infringement of this Clause, the Authority shall have due regard to inter alia, strengths of the business consumer; whether undue influence was exerted or identical services or goods would have been acquired elsewhere at a cheaper rate and there was discrimination. Mr. Deputy Speaker, Sir, Clause 58 provides for the Authority to publish a warning to the public in regard to risks involved in the use of goods specified in a notice. The Authority is required to publish the findings of its investigations in regard to safety of goods. Mr. Deputy Speaker, Sir, Clause 59 provides for the prosecution of any supplier who supplies substandard and unsafe goods. Clause 60 provides for consumers to be provided with product information standards relating to performance, composition, contents, method of manufacture or processing, design, consumption and finish or packaging of the goods. Goods for export are not included.
Thank you, Madam Temporary Deputy Speaker for giving me this opportunity. I beg to second the Bill.
Madam Temporary Deputy Speaker, I represent the Departmental Committee on Finance, Planning and Trade. We have gone through this Bill very carefully. In essence, this is a very good Bill. There are some elements which have been raised by hon. Kenneth that we have already touched on. I urge the Assistant Minister to deal with those couple of issues, especially the issue of thresholds, because they will be used by the overzealous officer to frustrate the system. Threshold is very important. Threshold also means that what you are looking at--- Are you looking at one street or one
Madam Temporary Deputy Speaker, let me also take this opportunity to support this Bill, and in doing so, echo the contribution made by Mr. Kenneth, who raised very substantive matters that ought to be addressed by the Minister, or department concerned, with regard to issues of competition. There can be no doubt that we do not have competition law in place. The law that this Bill seeks to update and repeal is outdated. What I find amazing is that some of the provisions that are in the laws that we are trying to update have been put into this new Bill without any changes. If the real object of this Bill is to enhance the welfare of the people of Kenya by promoting and protecting effective competition in market, and preventing unfair and misleading markets in Kenya, then we would have expected very comprehensive provisions with regard to bringing into existence, international practices, particularly the issue of dumping of foreign products in this country and agricultural products. This being an agricultural country, with regard to fruit and fruit juices where we find our country is swamped by products from the southern part of Africa--- If you are a visitor, as I am a regular visitor to South Africa, where I attend the Pan-African Parliament (PAP) meetings, you will find that their law regarding competition is very protective of the South African products, companies and undertakings registered in South Africa. But when you look at this Bill, you find that there is no protection for Kenyans. The Bill does not even make distinctions, apart from in Section 3, where it states that it is for the welfare of the people of Kenya. It does not contain any provision showing how it seeks to protect the people of Kenya against unfair competition. I would have imagined that the Government, having had a long experience in matters relating to restrictive practices and unfair competition and dumping of products in this market to the extent of killing Kenyan industries, would have gone to a large extent in addressing the relevant issues.
Madam Temporary Deputy Speaker, I have had occasion, as a practicing lawyer, to appear with the Minister for Lands in matters relating to Kenyan companies which have been subjected to a great deal of harassment by multinationals, dealing in beverages, some of them of alcoholic nature. Kenyan enterprises have been put to disadvantage by
Mr. Temporary Deputy Speaker, Sir, thank you for the opportunity once again to contribute to this very timely Bill. Let me also take the opportunity to thank the Assistant Minister for the manner he has presented this Bill in this House.
If this Bill is passed, it will address various issues that will create job opportunities in this country. First of all, the local market will be satisfied with the production of goods and services through these mechanisms. One thing that I need to note is the decentralisation of factories in this nation. Factories and industries have been established in the urban areas, whereas in areas where we have most of the people; they have not been started there. I hope that the Authority will address this issue to the conclusion.
Thank you, Mr. Temporary Deputy Speaker, Sir, for the chance to support this Bill. I will just address three points. Number one is the need, as we introduce the Competition Bill, to also clearly focus on other contracts or engagements that we have, particularly at the international level. Our trade with Europe is very heavy and to date, one of the most agonizing engagements with the European markets is the Economic Partnership Agreements (EPAs) which heavily disfavors the African, Caribbean and Pacific (ACP) region particularly in the area of processed goods. The example of coffee and tea where commodities really do not give the dividends as would be expected to the
Thank you, Mr. Deputy Speaker, Sir, for this opportunity to make my contribution on this Competition Bill. I have some reservations on the way issues have been arranged here. There is this Authority that has been mentioned. Clause 10(a) states that a non-executive Chairman shall be appointed by the Minister. It also states that the Permanent Secretary in the Ministry for the time being responsible for finance or his representative; the Permanent Secretary in the Ministry for the time being responsible for trade or his representative; and the Attorney-General or his representative will comprise the Authority. I have reservations because this Authority will be working for the country. Clause 11(1) states that the members of the Authority shall be paid such remunerations, fees allowances, disbursements for the expenses as may be approved by the Minister. When you look at the set up of the Authority, it comprises of people who already have jobs. We expect to have checks and balances in this Authority. If the Permanent Secretaries, who are supposed to be the implementing persons in their Ministries are the same people being charged with the responsibility to oversee the functions of this Authority--- It is the same team that is being asked to arrest and prosecute themselves! Today, we know that Permanent Secretaries are ever busy. They are ever attending meetings and functions. Adding them other jobs and yet we have educated Kenyans who are tarmacking and languishing out there, does not go well with the expectations of Kenyans. We must be careful, as Members of Parliament, in everything that we do here. I want to urge my colleagues to suggest changes in this Bill. Please, let us not overload a few Kenyans with jobs and increase their incomes when there are other Kenyans out there who are looking for the same jobs. My kind request is that we get people from the private sector to manage this Authority so that the allowances paid can be given to those people without jobs. Mr. Temporary Deputy Speaker, Sir, we have problems of hiring workers in this country. If, today, there is a vacancy in any Ministry in this country, the competition is always based on tribal issues. People canvass for those jobs. Others will approach you to tell you that if you do not appoint them, then their community will feel bad. In fact, they will say, âWe are being finished.â There must be a special committee to appoint persons to this Authority. This is a very sensitive Authority which will deal with influential matters and more so prices. We know very well that the matter of prices of commodities is a problem to our people. Let these jobs be given to those who do not have jobs. Ministers and Permanent Secretaries should sit in their offices and wait for discussions and issues raised by the Authority. Their work will be to examine those matters and come up with a solution to
Thank you, Mr. Temporary Deputy Speaker, Sir, for this opportunity. I rise to support this Bill for the simple reason that the object of the Bill is to do away with archaic way of doing things. We are now living in a liberalized economy. Indeed, we need to live with the current times. As much as we want to delegate our responsibilities and authority to this Authority, consumers and traders need to be protected. It is true that we must be alive to the fact that we are getting into the global economy. We started with trading blocs in our region such as the Common Market for Eastern and Southern Africa (COMESA) and the East African Community (EAC). Various issues require harmonization. It is true that by thinking outside the box, we will be able to grow as a nation and compete with the community of nations as far as trade is concerned. However, it is important to note that even as we liberalize, we must also entrust this body that is being created to run the show and at the same time allow it to protect the indigenous small traders. For example, it is foolhardy to imagine that we are going to float an international tender of Kshs50,000. That is not worthwhile in terms of economics. There is no way the small people are going to access business if they have to expose themselves to serious competition internationally. What we require to do is to form bodies that will deliver this mandate to Kenyans. We have seen bodies formed such as the acrimonious Kenya Anti-Corruption Commission (KACC)--- If Parliament is going to create institutions that are not going to live to the expectations of Kenyans, then I think it is high time the Committee on Implementation, of this House, interrogated such bodies to ensure that we get value for our money. Mr. Temporary Deputy Speaker, Sir, as soon as these bodies come into force, we need to give them some time-frame and be able to evaluate them in Parliament. Thank God, we are seeing some light at the end of the tunnel, in terms of coming up with a new constitutional dispensation for this country, where the Executive will be put to account. This House is going to be vested with the responsibility of even vetting people who will be joining Government service at senior levels. I also want to join hands with my colleague who said that as much as we create jobs, we should also ensure that we spread them wide to include the youth of this country, who have always been told that they would be leaders of tomorrow, but for whom tomorrow has never come. It is important that during the final stages of the formation of these bodies â when we will have people serving in them â equity, in terms of gender balance, age and geographical representation, is factored in, so that we can reduce the tension that this country has gone through due to the kind of nepotism that we have witnessed over the years. Mr. Temporary Deputy Speaker, Sir, it is also important that the body that is being formed works hand-in-hand with the parent Ministry, so that it can grow our businesses. As the Prime Minister said here yesterday, the only way to run away from
Hon. Members, I can see that there is nobody else who is interested in speaking on this Bill.
On a point of information, Mr. Temporary Deputy Speaker, Sir.
Who do you want to inform?
Order, Mr. Shakeel! I have not given you the Floor. There is nobody for you to inform, in the first instance.
Mr. Assistant Minister, have you responded to this debate?
No, Mr. Temporary Deputy Speaker, Sir.
Do you want to respond now?
Yes, Mr. Temporary Deputy Speaker, Sir.
Very well! Proceed!
Mr. Temporary Deputy Speaker, Sir, I want to take this opportunity to thank the hon. Members who have contributed to this debate. Their contributions have been very constructive. We have noted all the points they have raised on this Bill.
Secondly, I want to thank the Departmental Committee on Finance for having been very co-operative. The Committee discussed this Bill with our Ministry, and we agreed on most of the issues. However, this is not the end of it. They can still make any improvements they feel necessary in the Bill before we go to the Committee Stage.
Mr. Temporary Deputy Speaker, Sir, we have noted the concerns of one of the hon. Members, who talked about the proper definition of âcontrolsâ and âdominanceâ. We are going to consider recommending some amendments during the Committee Stage to give clearer definitions of these terms.
With regard to the issue of operationalisation of the Tribunal, we expect that with an empowered Authority, there will be more cases to be handled by the Tribunal. Therefore, I believe, the Tribunal will be very busy.
Hon. Members, it has been brought to the attention of the Chair by the Committee of the House and the Minister for Lands, that this Motion will need to be deferred in order for the relevant Committee to continue discussing it with the Minister. Therefore, it is so ordered and we will move to the next order!
Mr. Temporary Deputy Speaker, Sir, I beg to move:- THAT, this House adopts the Report of the Parliamentary Select Committee on Review of the Constitution on the Nomination of Judges of the Interim Independent Constitutional Dispute Resolution Court laid on the Table of the House on Wednesday 18th November, 2009.
Mr. Temporary Deputy Speaker, Sir, the Interim Independent Constitutional Dispute Resolution Court (IICDRC) is established pursuant to the provisions of Section 60(A) of the Constitution introduced following the enactment of the Constitution of Kenya (Amendment) Act No.10 of ---
On a point of order Mr. Temporary Deputy Speaker, Sir. With due respect, I want to bring to the attention of the Chair that we do not have a quorum in the House.
That is correct! May the Division Bell be rung!
Hon. Members, there being no quorum, the House is, therefore, adjourned until Tuesday, 24th November, 2009 at 2.30 p.m. The House rose at 5.25 p.m.0