Hon. Members, we are short of the requisite quorum. Therefore, I order the bell to be rung for 10 minutes.
Order, Hon. Members! We now have quorum. Let us begin the business of the House.
Hon. Deputy Speaker, I beg to lay the following Papers on the Table of the House: Sessional Paper No.6 of 2016 on the National Urban Development Policy for the Ministry of Transport, Infrastructure, Housing and Urban Development. Sessional Paper No.1 of 2017 on the National Land Use Policy from the Ministry of Lands and Physical Planning. Report of the Auditor-General and the Financial Statements of Kenya Post Office Savings Bank for the year ended 31st December 2015, and the certificate therein. Report of the Auditor-General and the Financial Statements of the Central Bank of Kenya for the year ended 30th June 2017, and the certificate therein. Report of the Auditor-General and the Financial Statements in respect of the following institutions for the year ended 30th June 2016, and the certificates therein: (i) Civil Servants Housing Scheme Fund; (ii) Consolidated Fund Services (Salaries, Allowances and Miscellaneous Services); (iii) Kenya National Examinations Council; (iv) Ewaso-Nyiro South River Basin Development Authority; (v) Murang’a University; (vi) Water Services Regularity Board; and, (vii) State Department of Infrastructure Vote 1091. Report of the Auditor-General and the Financial Statements in respect of the following constituencies for the year ended 30th June 2016, and the certificate therein: The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
1. North Horr Constituency; 2. Voi Constituency; 3. Lamu West Constituency; 4. Isiolo North Constituency; 5. Gatundu South Constituency; 6. Gatanga Constituency; 7. Kigumo Constituency; 8. Kipipiri Constituency; and, 9. Juja Constituency Hon. Members, it is important for you to pick copies of the audited reports for your respective National Government Constituencies Development Fund (NG-CDF).
Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, this House adopts Sessional Paper No. 1 of 2017 on the National Land Use Policy from the Ministry of Lands and Physical Planning, laid on the Table of the House today, Wednesday, 11th October, 2017.
Let us have the Member for Tinderet. I think you have something.
Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, aware that apathy in the sugar-cane farming due to unfavourable weather patterns and poor payment programmes by sugar millers to farmers has resulted in worrying drop in cane production and thus drop in sugar production; noting that millers have for years frustrated farmers through delays in payment for cane delivered; concerned that those late payments have caused sugar farmers untold suffering and frustrations and made them incur huge losses resulting from interest from loans advanced to them during cane farming to purchase fertiliser and other farm inputs; cognisant of the fact that as a result of this delayed payments, many of the farmers have remained poor and in debt, this House urges the cane millers to provide for mandatory payment to cane farmers within 14 days upon delivery. Thank you, Hon. Deputy Speaker.
Hon. Deputy Speaker, I beg to move the following Motion: THAT, this House orders that the business appearing in the Order Paper be exempted from the provisions of Standing Order 40(3) today being a Wednesday Morning, a day allocated for business not sponsored by the Majority or Minority Party or business sponsored by a Committee. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Deputy Speaker, this is straightforward. You have heard Hon. Melly read the first Motion. On Wednesday mornings, we usually deal with Private Members’ Motions and Bills. The House Business Committee (HBC) received the first Motion, whose notice has been given this morning. From next Wednesday, if the calendar of the House allows, we will procedurally start either dealing with Private Members’ Motions or Bills. In the absence of those two, the HBC felt that the House must continue and has slated business from either the Majority or Minority Parties. If you look at the next Order, after this Procedural Motion, we have business from the Majority Party. The next one will be business from a Committee. That is why we have said we should pass this Procedural Motion. Hon. Deputy Speaker, I beg to move and ask Hon. Washiali to second.
Thank you, Hon. Deputy Speaker. I thank the Leader of the Majority Party for moving this Motion. In seconding, for us to have some business this morning, we need to do this Procedural Motion so that we can proceed with the business of this House without appearing like we do not have any business. So, I second and ask my colleagues to support this Procedural Motion because it is merely that.
Okay. Before I propose the Question, let me recognise, in the Speaker's Gallery, pupils from GSU Ruaraka Primary School from Roysambu Constituency, Nairobi County. It is a school that might be lucky to see the passage or otherwise of election laws that will affect them for a long time.
Put the Question.
Is that the mood of the House?
Even in absence of Hon. (Dr.) Pukose?
Order, Hon. Members. We are now going to be transacting the Committee of the whole House on the Election Laws (Amendment) Bill (National Assembly Bill No. 39 of 2017). I remind Members that we will not be debating on this Bill. We will basically be commenting on the clauses and seeking clarifications or otherwise. There will be only two Members speaking to each proposed amendment.
Hon. Chairman, I beg to move: THAT, Clause 2 of the Bill be amended by deleting the proposed definition of “chairperson” and substituting therefor the following new definition—
“Chairperson” means the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution or the vice-chairperson or a Member of the Commission when discharging the functions of the chairperson.”
The rationale of this amendment is that we need to align the definition of the term “chairperson” with the definition in other statutes passed by this House relating to other constitutional commissions. This is the only commission where the definition of the chair is not encompassing the vice chairperson or any other member who can be appointed by members of the commission. That is the basis of this amendment. That is the justification.
Well said, Hon. Cheptumo. That is the spirit. Every Member who will be proposing amendments must give the effect; a consequence of the amendments so that Members can be up to speed.
I will give a chance to two Members starting with Hon. ole Sankok. Let us be patient with each other. I can see there are some interests here. So, I will be giving chance to two Members.
Thank you very much, Hon. Chairman. For sure, at this critical moment as we go through another electioneering fever, we need to align the meaning of the Chairperson of the Independent Electoral and Boundaries Commission (IEBC) with other institutions. As you are aware, all State corporations all over the world have the chair. In the absence of the chair, the vice-chair takes over. In the absence of the vice-chair, members of the board will sit down and decide who will be chairing a session. Whenever there is an absence of the Head of State or the President, we directly know who will be in charge.
Hon. Sankok, I of course understand that you are a new Member. The debates were done yesterday during the Second Reading. Today, there will be very brief comments. I think you have executed it very well. It is not an opportunity for debate. We finalised issues of debate yesterday. I will give this chance to Hon. Gikaria.
Hon. Chairman, I do not want to contribute. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Well, you are not going to contribute. Let us see someone else. I will give a chance to two Members per each clause. Let us have Hon. Dawood Rahim if Hon. Gikaria is okay.
Thank you, Hon. Chairman. I support the amendment by the Chairman of the Select Committee in the sense that the vice-chair and anybody in the commission can act, when they are there, instead of the chairman.
Hon. Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 3 and substituting therefor the following new Clauses— Amendment of 3. The Independent Electoral and Boundaries Commission Act, 2011 section 7A of is amended in section 7A by inserting the following new subsections No.9 of 2011. immediately after sub-section (3) —
“(4) Whenever a vacancy occurs in the office of the chairperson, the vice-chairperson shall act as the chairperson and exercise the powers and responsibilities of the chairperson until such a time as the chairperson is appointed.
(5) Where the positions of chairperson and vice-chairperson are vacant, a member elected by members of the Commission shall act as the chairperson and exercise the powers and responsibilities of the chairperson until such a time as the chairperson is appointed.
(6) The provisions of section 6(1) shall not apply to the vice- chairperson or a member acting as chairperson under this section”. Insertion of a new 3A
I will start with the Leader of the Majority Party.
I support the amendment by the Committee. I thank them. It is because there are certain functions of the IEBC – one of them being the one that deals with the electoral code of conduct and the enforcement committee. All those sections of the IEBC must be chaired by a lawyer of the status of an advocate of the High Court. That is the genesis of the reasons the Committee decided to amend or do away with the provision which is in law. There are people out there who are saying that we are removing this amendment to send Mr. Chebukati home. I want to tell them that this House makes law and does public participation. The Chair of IEBC appeared during the public participation. The Commission in its wisdom wrote a document to the Committee. It is imperative that among the seven commissioners including the Chair, at least, one must have a legal background. That is the essence of the amendment. We will leave it the way it was in the previous Independent Electoral and Boundaries Commission (IEBC) Act, 2016.
What is it Hon. Kathuri Murungi? Is there anything out of order?
Okay. Proceed Hon. Rasso.
Thank you, Hon. Chairman. I rise to support this amendment primarily on the grounds that the attempt by the Joint Parliamentary Select Committee is so that we do not have a gap at any point in the IEBC. From what the intransigents are saying, in our electoral process, there could easily be an attempt for both the Chair and the Vice-Chair to even decide to stay away. As legislators, we want to ensure that there is no gap in IEBC at any point in time.
Thank you, Hon. Chairman.
The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Chairman, I beg to move:
THAT, Clause 6 of the Bill be amended —
(a) in paragraph (a) by deleting the words “and manually transmit” and substituting therefor the words “transmit and physically deliver”; (b) in paragraph (b) by deleting the proposed new subsection (1D) and substituting therefor the following new subsections—
“(1D) The Commission shall verify that the results transmitted under this section are an accurate record of the results tallied, verified and declared at the respective polling stations. “(1DA) Where there is a discrepancy between the electronically transmitted and the physically delivered results, the Commission shall verify the results and the result which is an accurate record of the results tallied, verified and declared at the respective polling station shall prevail.”
(c) by deleting paragraph (d) and substituting therefor the following new paragraph— “(d) by deleting sub-section (2) and substituting therefor the following new subsection— “(2) The Chairperson may declare a candidate elected as the President before all the constituencies have transmitted their results if the Commission is satisfied the results that have not been received will not affect the result of the election.”
The phrase “manually transmit” is not clear as to the type of additional transmission of the results required under the Act. Inclusion of the phrase “physically deliver” is for clarity. When you say you transmit the results manually, what does it really mean? When you talk of physical delivery of the results, it means the Form 34A will be delivered from the polling station or the constituency tallying centre to the national tallying centre. The mode of delivery of the results becomes clear.
The amendment also seeks to create an obligation on the IEBC to establish a mechanism for the live streaming of the results. Kenyans have the constitutional right to access information. During the election process, Kenyans will follow the process of tallying and results. That becomes very good for the nation. As I conclude on that issue, previously, during those days before electronic system of transfer of results, Kenyans would not even understand what was going on in the country. So, this is critical because Kenyans should know how far the process of election is going. That is the basis and rationale of this amendment.
I will give the opportunity to Hon. Angwenyi Nuru, Member for Kitutu Chache North. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Chairman. I rise to support this amendment because it clarifies to every Kenyan the process of their votes, how they are tallied and transmitted. A Kenyan can be satisfied that whatever vote he has voted will reach the National Tallying Centre.
I will give an opportunity to Hon. Gichimu Githinji, Member for Gichugu.
Thank you, Hon. Chairman. I wish to support the amendments because when the wording is “manual transmission of results”, it may not be very clear. It may also attract some legal interpretations. When it is indicated that the results will be delivered physically, then there is no challenge as to the manner in which the results will be transmitted, being an alternative to electronic transmission. I believe that is a very good clarification. I wish to support the amendment.
As I sort something out, I will give an opportunity to one more Member. Hon. Sunkuyia, Member for Kajiado West.
Thank you, Hon. Chairman. I stand to support this amendment because it will be very hard to deny a chance to people who want to elect their leaders. People from rural areas want to be assisted during voting. Even people who are learned have a problem to vote electronically.
I support this amendment. This will save the country and give any voter a chance to vote and elect whoever he or she wants.
It should be as brief as that Hon. Sunkuyia. As I had said earlier, we are not debating. This will give Members an opportunity to contribute.
Member for Chepalungu, wait for the microphone.
Thank you, Hon. Chairman. I want to support this Bill because I am looking at the manual and electronic transfer of results because if they said there is...
Let me guide you, Member for Chepalungu. You will be specifically supporting a particular clause because the issue of the Bill in general was transacted yesterday. We can do the specific to that particular clause.
Clause 6 (a) is about the manual transmission of results. This gives confidence to the voters that their votes are safe when it is done manually. Failure to transmit the results electronically shall not be used to invalidate the results of any given position.
Thank you, Hon. Chairman.
Hon. Cheptumo, let us now save time. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Chairman, I beg to move,
THAT, Clause 8 of the Bill be amended in the proposed amendment to section 44A by deleting the word “may” and substituting therefor the word “shall”. It is good to give justification for the proposed amendment. Section 39 provides for both electronic and manual transmission, of course, through the physical delivery of the forms containing the results. It is, therefore, necessary to make it mandatory for the IEBC to set up a complementary mechanism to ensure that no eligible voter is left out of voting. It is critical. It is a constitutional right and requirement for very Kenyan to have a chance to register as a voter.
I will give a chance to two Members, starting with the Member for Mbeere South.
Thank you, Hon. Chairman. I rise to support the amendment to Clause 8. It is very important that we make it clear what the amendment is talking about. The word “shall” clarifies the whole matter. So, I support.
Hon. Paulata Korere.
Thank you, Hon. Chairman. I also rise to support the amendment by the Chairman of the Select Committee. This proposed amendment provides that any eligible voter… You know voting is actually a constitutional right. So, I support and that is why I believe Raila shall vote on 26th October 2017.
Hon. Chairman, I beg to move:
THAT, the Bill be amended by deleting Clause 9 and substituting therefor the following Clause—
Amendment 9. The Elections Act is amended by deleting section 83 and to section 83 of No. 24 of 2011. substituting therefor the following section—
Nullification of 83. (1) A Court shall not declare an election void for non- an election. compliance with any written law relating to that election if it appears that—
(a) the election was conducted in accordance with the principles laid down in the Constitution and in that written law; and
(b) the non-compliance did not substantially affect the result of the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
(2) Pursuant to section 72 of the Interpretation and General
Provisions Act, a form prescribed by this Act or the regulations made thereunder shall not be void by reason of a deviation from the requirements of that form, as long as the deviation is not calculated to mislead. The rationale is that it is necessary to amend Section 83 of the Elections Act to provide that for an election to be invalidated, a petitioner must prove that there was non-compliance with the written law and the Constitution and that the non-compliance substantially affected the results of the election. This is a very important provision. It is, therefore, necessary for this House to propose an amendment so that whoever wants to go to court to challenge elections must prove the two aspects of this provision; that there was non-compliance to the law in the Constitution that actually substantially affected the election. Those two conditions should be proven by a petitioner going to court. Therefore, that is the basis of this amendment to the Bill.
We will have two Members speaking to this starting with Hon. Maoka Maore.
Hon. Chairman, in totality, the purpose of an election is for the voice of the voter to be heard. During the day of voting, you may have careless election officers who might decide not to stamp some ballot papers or twist some things. It is upon us now to correct that issue and provide a condition that the outcome in totality must substantially affect the results for an election to be invalidated. If not, a technicality should not be what we are looking for. We should look for the substance. I thank the Chairman and the Committee for having brought this amendment.
Thank you, Hon. Chairman.
Let us have Hon. Lochakapong, Member for Sigor Constituency. Do you want to speak on this amendment or the next one?
Thank you, Hon. Chairman. As you have rightly put it, my name is Peter Lochakapong, Member for Sigor Constituency, West Pokot County. I support this amendment. It will ensure that people work hard as opposed to just sitting down and waiting for technicalities so that they get a reason for invalidating election results. It will ensure that in future, nobody uses technicalities to invalidate any election result. Thank you.
Hon. Yusuf Haji, Member for Mandera West.
Your microphone is not working. Probably that is why sometimes we need mechanical transmission of these things. You have it now, that is, the alternative mechanism of transmission of your voice.
I stand to support the amendment. I am a Member of the Committee and we deliberated on this matter very much. Election being declared void or non-compliant is what was deduced from the judgment of the Supreme Court. I, therefore, support the good job done by the Committee. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Chairman, I beg to move:
THAT, clause 10 of the Bill be amended in the proposed new section 86A by deleting subsection (2). The rationale for the amendment is fairly simple. This proposed amendment tends to limit the political rights of Kenyans contrary to Article 38 of the Constitution. I do not need to read the constitutional provisions. During the public hearings, the people who appeared before the Committee were very clear. Indeed, the Committee agreed with them that we do not need to limit the political rights under Article 38. So, we are aligning this amendment to the provisions of the Constitution.
Let us have Hon. Kathuri.
Thank you, Hon. Chairman. I want to support this clause as amended. This is because it really aligns the rights of the voters to the election laws and the Constitution.
Hon. Joshua Kandie, Member for Baringo Central.
Thank you, Hon. Chairman. I want to support the amendment as proposed by the Chairman.
Secondly, because this is my first time to speak, I want to thank the people of Baringo Central for giving me a chance to represent them in this august House.
I support the amendment.
Ordinarily, Hon. Members, if you want to make your maiden speech, it is not very good to do so during the Committee Stage because you have little time. You would have had your 10 minutes to have an uninterrupted speech during plenary proceedings. Therefore, for Members who have not made their maiden speeches, take that advice seriously. Let us have Hon. Mbarire.
Thank you, Hon. Chairman. I rise to support the proposed amendment. It is important that we leave no doubt at all in the law as to who should participate in the fresh elections, if any. We are right now waiting to hear the fate of Ekuru Aukot. We realise---
It has already been done. He is a candidate.
Hon. Chairman, Ekuru Aukot is now a candidate. That is very good news. I had not heard of it. We are now sure that we are going to elections on 26th October. It is important that we take this opportunity to tell Ekuru Aukot to go out there and look for votes The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
as we do because 26th October is the election date. We are glad that the courts have followed the law and realised that everybody has a right to participate. With those remarks, I support.
I am looking for a Member to the left of the Speaker because they have been fairly marginalised. I am trying to look at the Members here to see if I can recognise anyone. That is interesting. Member for Nakuru Town East.
Thank you, Hon. Chairman. As said by my dear sister, this has brought clarity. I wish this law had passed last week but now the guy who is flying out on Thursday will need to reconsider his decision and withdraw the letter that he took to IEBC yesterday. He is not a candidate. This law is going to give that clarity. The Supreme Court read the mind of Parliament. I hope in future they will continue reading the minds of other institutions. That just gives justification that these amendments are correct. Thank you.
Lastly, Leader of the Majority Party. I promise the Members to my left that in the next amendment, I will give you quite a few slots to speak.
Hon. Chairman, I support this amendment. This is an amendment that made Raila Odinga withdraw from the presidential race. I want to make it very clear and go on record in the HANSARD. He wanted to withdraw two days to the election date, but this amendment has removed him from where he was hiding. This amendment cures the Supreme Court judgment of 2013. We want to make it very clear that in 2013, the Supreme Court cited Article 138(1)(b), which does not exist in the Constitution. In May 2013, the Supreme Court made a correction and said that they meant Article 138(8)(b), which talks about where either a candidate or his running mate dies. To my knowledge, until yesterday, Raila Odinga and Kalonzo Musyoka were alive; they had not died. God forbid, they do not die. They are good leaders. They are men we respect. Therefore, that withdrawal is neither here nor there.
I want my colleagues from the NASA Coalition who are watching me to read Sections 21, 52 and 53 of the Regulations. They will realise that their party leader threw everybody, including Kalonzo Musyoka, under the bus. They are all ‘dead’!
Leader of the Majority Party, which bus is this that anybody was thrown underneath? You are speaking in tongues yet Members want to be with you.
Hon. Chairman, you know the difference depends on the school you went to. I am just trying to use English. It depends on who your English teacher was, and who taught me English in school. I am just using it in a phrase. If today President Uhuru Kenyatta withdrew from the presidential race without consulting us, that would be equivalent to throwing us under the bus. That is what I mean. He did not consult.
I did not want any confusion because you said there was a bus.
Hon. Chairman, then let me pick Eldoret Express bus.
Hon. Kathuri is in another bus.
I used Eldoret Express to reach Moi University during my early days. This amendment is not for the 26th October repeat presidential election; it is for posterity. Maybe, 30 years from now, our children will use it. If another candidate, like Hon. Raila Odinga withdraws from such an election, what will happen? Legislating is a function of the Legislature. We are not committing any crime. We pay our children’s school fees and pay our power bills by The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
being the representatives of our people. Our functions include legislating, overseeing and representing. We sit here for long hours to make laws. Legislating is a function which the people of Garissa Township sent me here to perform on their behalf. All of them cannot come here to perform that function. It can only be performed by one Aden Duale. If Hon. Kalonzo Musyoka cannot do it, his Member for Mwingi North will do it. If Raila Odinga cannot do it, his Member for Kibra will do it. Uhuru Kenyatta will not do it since his function is to assent to Bills. But his Member of Parliament, Hon. Moses Kuria, will do legislation on behalf of him.
This is a very good amendment. This is the amendment that made Raila Odinga to call a Press conference yesterday.
I see there is a lot of protest by the Member for Lang’ata. Was there any misrepresentation? That is clarified. You are the Member of Parliament for former Prime Minister. Let us proceed. Let us not open that matter.
Hon. Deputy Speaker, I beg to move: THAT, the Bill be amended by deleting clause 11 and substituting therefor the following new clause— 11. Section 6 of the Election Offences Act, 2016 is amended in the closing statement by Amendment of section 6 deleting the words “one million shillings or to imprisonment for a term not exceeding of No. 37 of three years” and substituting therefor the words “two million shillings or to imprisonment 2016 for a term not exceeding five years”. The rationale for this amendment is that initially, the Bill intended to address returning officers and presiding officers. We have been able to provide for punishment for those staff of the Commission. Upon going through Section 6 of the Elections Act, it became very clear that the provisions under the Act were more elaborate and able to provide the same offences for either the presiding officer or the returning officer of the Commission. Therefore, we have only dealt with the issue of enhancing punishment. We have enhanced the penalty from Ksh3 million to Ksh5 million for those offences. That is the justification for amending the Bill to only provide for the penalty as opposed to targeting the returning officer or the presiding officer in the constituencies and in the polling centres. That is the basis of the amendment.
I had given opportunity to the Members on my left but I will still give them a few more opportunities. Hon. Kipsengeret, Member Sigowet/Soin.
Thank you, Hon. Chairman for giving me this opportunity. I rise to support this amendment. Returning officers and presiding officers should now know that they have a responsibility to take up. They will now not be in a position to play, but take seriously the matter of elections. I, therefore, rise to support this Motion.
I will now consider gender. Hon. Kihara. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Chairman. We all know election officials are people who have gone to school. So, anybody who does not do what they are supposed to do, we know they will be doing so on purpose to mess an election. I have been a victim of an electoral officer who messed my election. I, therefore, support the amendment that anybody who plays around with the voter must face the consequences.
Hon. Hulufo, Member for Isiolo North.
Thank you, Hon. Chairman. I stand to support the amendment. This amendment is very important because it is aimed at addressing gaps in the existing law. We have had situations where, wilfully, election officials have failed to carry out their duties. With these penalties prescribed in law, whoever is appointed as a presiding officer or a returning officer will be alive to what awaits him or her in the event that he or she wilfully decides not to sign a particular form and, therefore, forcing some people to go to court to seek nullification of the election results.
At the outset, I want to support these amendments. Initially, I think the penalty was lenient because it was talking of three years and a fine of Kshs1 million. Raising it to Kshs2 million or a five-year imprisonment will make it punitive and deterrent on the part of presiding officers or returning officers not to interfere with the process. So, this amendment is good.
Hon. Chairman, I beg to move:
THAT, the Bill be amended by inserting the following new clause immediately after Clause 11. Amendment of 12
We will have debate on that one. Let us start with you Leader of the Majority Party.
Hon. Chairman, New Clause 12 is about the Election Offences Act 2016. It is amended in Section 14 by deleting subsection 2. This proposal seeks to simply The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
amend Section 14 of the Election Offences Act 2016 by deleting subsection 2 which is about advertisement of achievements by a sitting government either in the print, electronic media or by way of banners or boarding in public places during the election period. That section was making it impossible for Government in power to advertise.
Section 14(2), the one we are seeking to delete, conflicts with Article 35(a) of the Constitution which provides that every citizen has a right of access to information held by the State. So, the Constitution says that every citizen must access information from the State, including the achievements of that Government. It could be construction of bridges, roads, the SGR and so on.
Further, Section 14(2) of the Elections Act is in conflict with Article 35(3) of the Constitution which provides for the State to publish and publicize any important information affecting the nation. So, Article 35(1) of the Constitution says the citizens must access information and Article 35(3) says the State must publicise and publish. These amendments of the 11th Parliament contradict the Constitution and that is the reason we are seeking to delete Section 14(2). For somebody like me who comes from a marginalized region, I need that information to compare and tell whether Government is biased towards one region. How many roads are they building in North Eastern vis-a-vis the roads being built in Rift Valley, Western or Nyanza? If you lock the citizens and its leaders from that information, it becomes difficult for us to represent our people. The fundamental thing is that this section was, in fact, unconstitutional. Even the Opposition can publish and publicise their achievements. The Members of Parliament can as well publish and publicise their achievements through the National Government Constituencies Development Fund (NG-CDF). The county governments could do the same.
As we conclude, there is a term which has not been defined. What is the electioneering period in Kenya? From my reading as a politician, the electioneering period starts the moment you are elected. In Kenya, you are elected today, the next day your opponent for 2022 is in the village. So, the electioneering period in Kenya, unlike in other countries, is five years. We must publicise. If you have done very well in your NG-CDF, you must tell people. If a governor has done very well, he or she must tell people. How do you hide the milestone achievements of SGR from the people of Kenya and you do not want to connect it to the achievements of Hon. Uhuru Kenyatta? This provision is unconstitutional and I seek for its deletion.
Ahsante sana, Mhe. Mwenyekiti. Kusema kweli, tuko hapa kuhusisha wakenya wote. Kama kuna jambo lolote la kutenga wengine, basi hatutendei Wakenya haki. Kwa hivyo, ni vyema kufanya mambo haya yote kwa uwazi na tuandike maandiko yatakayosomwa na wote kwa sababu hakuna Mkenya nusu; Wakenya wote tuko sawa na tunastahili kuheshimika sawa.
Okay. Let us have Hon. Mishra Ranjan Swarup, Member for Kesses.
Thank you, Hon. Chairman. For better education, we have to amend the curriculum; for better technology, we have to amend the procedures on operations; and for better governance, we have to amend laws. The laws which we seek to amend are being amended at the right time by the right people and at the right place. We may belong to Jubilee, but we are part of governance. Nobody should say that we are amending the laws on behalf of the Jubilee Party. We have to add two amendments here. Next time whoever contests for the presidential elections should understand the law. They should be bound by the law of Kenya and the Constitution so that they do not go to the courts every now and then after elections. If somebody is not happy--- The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Mishra, you are now beginning to debate and I do not want you to debate. I just wanted you to comment and you have done that very well.
I support the amendment 100 per cent.
I have a problem in differentiating those who are on my right from those on my left. Hon. Kisang, Member for Marakwet West.
Thank you, Hon. Chairman. I rise to support the amendments by the Leader of the Majority Party. In the 11th Parliament, we passed a Bill on access to information, which is now an Act of Parliament. I know most of us who have been re-elected to the 12th Parliament is because we did well with our NG-CDF funds. We went round and even printed some booklets to tell people what we had done. Otherwise the people would not know what the Government has done. So I support.
I will give opportunity to only two Members. Again, be brief. Hon. Iringo.
Thank you, Hon. Temporary Deputy Chairman. I stand to support the inclusion of New Clause 12. In the world presently, you cannot get enough people to know the information you want to deliver if you are gagged and not allowed to advertise using social media, newspapers or broadcast. So, I support that the Government should not be gagged not to sell its projects or programmes. There are people who are not in the capital city or near where these things are done. So, without advertising, information will not reach the people as the Government would like.
Okay. That is fine, Hon. Iringo. Let us hear Hon. Mutai, the Member for Bureti, briefly so that we can save time.
Thank you, Hon. Temporary Deputy Chairman. First, I rise to support the amendment for the reason that we were recently told that we need to have an equal playing ground. How can we have an equal playing ground if the Government is not allowed to showcase what they have achieved? Secondly, in supporting the amendments, I just wish to state that people have to be given a chance to make informed decisions on what the Government has achieved, and they can only do this by being provided with the necessary information. On that ground, I support the amendment. Thank you.
Hon. Koyi Waluke.
Thank you, Hon. Temporary Deputy Chairman, for giving me a chance to support this amendment as proposed by the Leader of the Majority Party. It is always good that Kenyan’s actions be aligned to the Constitution. It is always good also for the people of Kenya to get information at their fingertips so that when they make a decision or when they are told things are done by the Government, they agree because they know. So I support.
Now let us have the Mover to move reporting.
Hon. Temporary Deputy Chairman, I beg to move that the Committee doth report to the House its consideration of the Election Laws (Amendment) Bill (National Assembly Bill No. 39 of 2017) and its approval thereof with amendments.
Let us have the Chairperson.
Hon. Deputy Speaker, I beg to report that a Committee of the whole House has considered the Election Laws (Amendment) Bill (National Assembly Bill No. 39 of 2017) and approved the same with amendments. Let us have the Mover, Hon. Cheptumo.
Hon. Deputy Speaker, I beg to move that the House doth agree with the Committee in the said report. I request Hon. Kithure to second.
Who is Hon. Kithure? Do you mean Hon. Kathuri? Yes, he is called Hon. Kathuri Mashinani .
Thank you, Hon. Deputy Speaker. I want to correct the Chair that Kathure in Meru is a lady and I think… I confirm that I am a man.
I second this Motion.
Put the Question.
I see Hon. Cheptumo. Is that the mood of the House?
So I will proceed to put the Question.
On a point of order, Hon. Deputy Speaker. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
What is your point of order, the Member for Nakuru Town East?
Thank you, Hon. Deputy Speaker. You know being on this side of the Opposition, your head starts spinning. Just to understand for purposes of the records of the House: The Chair of the Ad hoc Committee just moved on purpose of the annulment…
Let us save it there. Let us move first to Third Reading and then I will give you an opportunity at that point unless it is something that really cannot wait. I think it would wait. So let me ask the Mover to move for the Third Reading of the Bill.
Hon. Deputy Speaker, I beg to move that the Election Laws (Amendment) Bill (National Assembly Bill No. 39 of 2017) be now read a Third Time. I request Hon. Pukose to second.
Hon. Deputy Speaker, thank you. I second.
Let us have a few Members, maybe two of them. Let us have the Chair although I had promised a chance to the Member for Nakuru Town East and then I can give an opportunity to the Chair.
Thank you, Hon. Deputy Speaker. It is just some clarification from the Speaker. When the Chairman of the Ad Hoc Committee was moving the amendments, he mentioned the election laws as amended and yet we have one that is amending the Election Offences Act which was not mentioned. So, does it then mean that has not been--- I just needed some clarifications from you. The Chair of the Ad Hoc Committee, who has just moved the amendments, spoke of the election laws amendment and yet in one of them, we have the Election Offences Act where we were amending the offences. Those are two different Acts. Are we amending one or both?
It is fairly straightforward, Member for Nakuru Town East. This is a conglomeration of many elections. There are several sets in here including the offences and so many. So, really, he was completely in order. He is speaking on particular Bills that touch on elections. So, he is okay. I think that is fairly clarified. Let us have Hon. Cheptumo.
Thank you, Hon. Deputy Speaker. Let me start by thanking my colleagues for the very valuable contributions they made yesterday in the Second Reading of this Bill and also for supporting the amendments to the Bill. Hon. Deputy Speaker, as I said yesterday, as a House, we can now show the country that the amendments proposed to the IEBC Act, Elections Act and Election Offences Act were not meant or passed by this House to benefit Jubilee as a party, but for the good and betterment of our country to realign our laws to comply with the Constitution and to fill the gaps which the Supreme Court raised during the recent judgement. It is now possible to transmit results electronically and through physical delivery of the results from the constituencies and the polling stations to the National Tallying Centre. We have never, as a House, undermined the transmission of results through the electronic system. There has been argument that what we have done is to diminish the transmission of results electronically. What we have done is to provide an additional system that is through the physical delivery. This is good for our country, so that even when there is a problem with the electronic transmission, we have a way of receiving results through physical delivery to the National The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Tallying Centre. We should be counted as a House which has been brought order and clean-up of our laws. Finally, the amendments to the Act, 86A(4), is now able to clarify situations where you have two candidates in the elections. There was no clarity in our laws if one of them withdraws, but we now have a law that we can fall to. If one withdraws now, the remaining candidate should be declared the president. These are also some of the areas we have been able to bring as a House. Allow me once again to thank my colleague and Members of this House and say that we will do our business as given to us by our Constitution. Thank you, Hon. Deputy Speaker and all the Members.
Hon. Members, having confirmed that we have the required quorum, I proceed to put the Question.
Hon. Temporary Deputy Speaker, I beg to move the following Motion:
THAT, this House adopts the Report of the Ad Hoc Committee on the Supplementary Estimates for the Financial Year 2017/2018, laid on the Table of the House on Tuesday, 10th October 2017 and pursuant to the provisions of Article 223 of the Constitution and Standing Order243, approves-
(i) an increment of the total Recurrent Expenditure for Financial Year 2017/2018 by Kshs63,513,309,301 in respect of the Votes as contained in the Schedule; (ii) a reduction of the total capital expenditure for Financial Year 2017/2018 by Kshs24,899,676,347 in respect of the Votes as contained in the Schedule; (iii) an overall increment in the total Budget for Financial Year 2017/2018 by Kshs38,613,632,954 in respect of the Votes as contained in the Schedule; and, (iv) further resolves that the Schedule forms the basis of the enactment of the First Supplementary Appropriations Act, 2017.
(Hon. (Ms.) Tuya): Hon. Limo, just to alert you, you have three minutes to go.
Thank you, Hon. Temporary Deputy Speaker. I am well guided. We also recommend an increase of Kshs15.7 million to the Salaries and Remuneration Commission (SRC) for payment of contractual activities related to job evaluations and a further increase of Kshs45 million for the expenditure at the State Law Office for the ongoing construction of ultra- modern library in Karen. We also recommend an increase of Kshs183.99 million to the State Department for Education for payment of pending bills for the purchase of sanitary towels.
As I end, the Committee further recommends that this House, therefore, results to approve:
One, an increment of the total Recurrent Expenditure for the Financial Year 2017/2018 by Kshs63, 513,309,301 in respect of the votes contained in the Schedule.
Two, a reduction of the total capital expenditure for the Financial Year 2017/2018 by Kshs24,899,676, 347 in respect of the votes contained in the Schedule. Three, an overall increment in the total Budget for the Financial Year 2017/2018 by Kshs38,613,632,954 in respect of the Votes contained in the Schedule and that the Schedule forms the basis for the enactment of the First Supplementary Appropriation Act 2017.
I beg to move that this House adopts this Report. I would like to ask Hon. Sara Korere to second this Report.
Shukran Naibu Spika wa Muda. Ningependa kuunga mkono makadirio ya bajeti ya matumizi ya fedha ya mwaka 2017/2018. Imesemwa hapa kwamba ni muhimu kuzingatia matukio katika nchi. Ni wajibu wetu kuangalia upya jinsi tutakavyokabiliana na baadhi ya mambo ambayo yametukumba kama nchi. Nikizungumzia juu ya makadirio ya bajeti hii, ni wazi kwamba wakati huu ni mgumu kwetu Wakenya. Tunashuhudia ugumu wa uchumi wetu ambao sasa hivi haufanyi vizuri. Bunge hili limepewa jukumu kuunda bajeti. Katika hali hiyo, ni muhimu kuzingatia matarajio ambayo wananchi wameonyesha. Upande wa elimu, Ksh23 milioni imetengwa kushughulikia elimu ya bure katika shule za sekondari. Fedha hizi zitashughulikia watoto wa Kenya nzima iwe ni kule Bondo, Siaya, Kisumu, kule nitokako ama kwingineko humu nchini. Kwa hivyo, ijapokuwa wenzetu wa mrengo wa NASA hawamo Bungeni leo, inastahili watupongeze kwa vile tunawafanyia shughuli muhimu ambayo wangekuwa wanafanya wao. Bibilia inasema, mtu asipofanya kazi hastahili The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
kula. Nashangaa kwamba wenzetu wanakaa chini ilhali sisi tunawafanyia kazi muhimu na wanategemea kulipwa mshahara wa kazi ambayo hawajafanya.
Fedha zingine ambazo imebidi kamati itenge ni zile za Tume Huru ya Uchaguzi na Mipaka. Tunafahamu kwamba sasa hivi, tunatarajia kurudi kwa uchaguzi mpya tarehe 26 mwezi huu. Tulipoketi kama kamati kushughulikia masuala haya, Tume Huru ya Uchaguzi na Mipaka ilikuja mbele yetu na kutupa mahitaji yao. Ningetaka pia ifahamike na Wakenya kwamba kama uchaguzi utafanyika tarehe 26 mwezi huu, ama Novemba, ama Januari ama Februari, uchaguzi ni lazima ufanyike. Inastahili pia ifahamike na Wakenya kwamba kujiuzulu kwa kinara wa NASA katika kinyang’anyiro hakumaanishi alijiuzulu kama mpiga kura. Yeye bado ni mpiga kura. Shughuli hii imechukua shilingi bilioni kumi. Pia, hii inawapatia Wakenya nafasi nzuri ya kuangalia iwapo korti zetu hazingetuingiza katika shughuli za kurudia kura hii. Iwapo huyu babu ambaye analalamika kuanzia asubuhi mpaka jioni hakulalamikia kushindwa, ambapo sasa hivi pia amekataa kurudi kwa uchaguzi; pesa hizi zingetumiwa kwa kazi nyingine kama vile kuendeleza miradi ya barabara, elimu na shughuli nyinginezo muhimu sana katika nchi hii. Pia katika kamati hii tukaonelea kuna pesa wanapewa wakongwe. Na nikisema wakongwe, ifahamike kwamba ni wale maajuza na babu wa miaka 72 kuenda juu. Katika Bibilia inafahamika kwamba mtu ambaye anaishi baada ya miaka 72 anaishi kwa wakati wa kuomba. Kwa hivyo fedha hizi zinashughulikia pia wale watu wamefikisha miaka kama yule babu ambaye ni kinara wa Upinzani.
(Hon. (Ms.) Tuya): Order, Hon. Sara. Kindly confine yourself to the ambit of the debate. Go on.
Mhe. Naibu Spika wa Muda, labda wakati wanasajili hawa maajuza, pia ndugu wetu anaweza kuwa ni baadhi ya wale ambao watafaidika na hizi fedha. Tukiangalia masuala ya usalama, ni Ksh6.9 bilioni imepewa kwa wizara hii. Tunavyoangalia hali ilivyo sasa hivi, tunavyoangalia jinsi utangamano wa Wakenya ulivyo kwa sababu ya hii marudio ya uchaguzi, inahitajika kwamba Katiba ya Kenya inaruhusu kuhakikisha kila Mkenya kwamba serikali itashughulikia usalama wao na usalama wa mali yao. Na hii haiwezi kufanyika iwapo idara ya kusimamia usalama haitapewa fedha jinsi wanavyohitaji. La muhimu zaidi pia, tukizingatia hali ya anga ilivyo nchini sasa hivi tunagundua kwamba baadhi ya maeneo ama majimbo ya nchi hii yamekumbwa na janga baya sana la njaa. Na baadhi ya maeneo hayo ni kama vile pahali ninakotoka. Inahitajika hatua za dharura ili kutatua ama kushughulikia wananchi ambao wanaangamia kwa sababu ya janga la njaa. Haswa, maeneo ambayo yamekumbwa zaidi ni pahali ambapo wafugaji wanatoka. Wafugaji wengi ambao wameketi hapa, wanaotoka Wajir, Mandera, Marsabit, Moyale na kule kwingine kama Narok, Kajiado na mahala pengi, hata mifugo yao sasa imeangamia. Ukitazama chini ya idara ya kilimo, utagundua kwamba Ksh950 milioni, ambayo kwa malengo yangu ni kidogo, itashughulikia kununua wale mifugo kabla ya wao kuangamia ili ipee afueni wale wafugaji ambao kwa sasa hivi hawana la kufanya na hawa mifugo ambao lishe imewaishia, maji hamna, na wamekuwa hohehahe, wasiwe na mbele wala nyuma. Ninapotia tamati, baadhi ya fedha hizi zimewekwa ili kushughulikia usambazaji wa umeme na kununua gesi ya kupika. Tunapozungumza, uhifadhi wa misitu ni muhimu katika nchi hii yetu ili tupate maji na kwa mifugo yetu. Tusiposhughulikia uhifadhi wa misitu, labda itakuwa vigumu kidogo kwa nchi. Kwa hivyo ningeomba Bunge hili, Waheshimiwa walioko hapa na hata wale ambao wataingia kwa muda usio mrefu, waunge mkono makadirio ya matumizi ya Bajeti wa mwaka 2017/2018 ili tuendeleze nchi yetu mbele na kuhakikishia wananchi kwamba kazi muhimu ambayo walitupatia ya kuwawakilisha kwa kweli tumeifanya. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Nikitia tamati ningependa pia kuchukua nafasi hii kuwashukuru wanalaikipia, hasa kutoka Laikipia Kaskazini, kwa kunipa muda wa kuwashughulikia kama Mbunge mteule na wala sio Mbunge maalum tena. Shukrani Mhe. Nibu Spika wa Muda.
(Hon. (Ms.) Tuya): Hon. David ole Sankok.
Thank you very much, Hon. Temporary Deputy Speaker. May I take this opportunity to congratulate you for having been appointed to the Speaker’s Panel. I know you are up to the task. I know your legal background, so I am quite sure that with the rest of the panelists, you will really perform well. I also want to congratulate the chair of the committee, Hon. Limo, and the rest of the committee for doing a wonderful job. Despite the uncertainty that the country is facing, they sat down, collected stakeholders’ views and they are here. I am sure Members of this House are very happy with the job that they did. I know they were under the guidance of the Leader of the Majority Party, His Excellency Aden Duale. I know some people may ask why, but this will come to pass in 2022. The Supplementary Estimates have touched various areas that we need to pump in some money, especially when we talk about the collective bargaining agreements that are pending. We have seen the number of strikes we are facing from our professionals. I am sure this Supplementary Estimates will solve those issues of strikes. Hon. Temporary Deputy Speaker, there is also the issue of free secondary education which our President has been going round promising. We really need to make sure that we actualise that because it will lighten the burden of most parents. There is also the issue of conserving our environment. It is very important to have solar energy as well as gas energy in our homes. You know we are going for a repeat election. Whether it will happen next week, next month or next year, we still need this money. It is paramount for this House to perform its duties by passing the Supplementary Budget so that in case election is repeated, we will have enough finances so that we do not have another issue that will put us in a quagmire like what we are facing at the moment. We have also seen money being pumped into the drought affected areas. Having come from Narok, most pastoralist communities have really faced drought during this season, and the weathermen are predicting tougher days ahead. The weather forecast is not very good for us who come from pastoralists areas. Therefore, when we have money pumped into these areas, it is really very good for us. With regard to cash transfer, we also have some money. Being among persons with disabilities, we really need to increase this cash transfer programme in order to reach many severely disabled persons as well as the senior citizens of our country. From Hon. Limo’s Report, it means that all persons who have reached the age of 70 will access this cash transfer programme. It was not wrong for Hon. Korere to say even our former Right Honourable Raila Odinga will benefit. This is because when we say 70 years and above he is within that age bracket. I have heard and learnt some lessons from this election period. One of the lessons is that some people - and we are not being malicious - have been asked to oppose electoral laws and they did not ask why and neither did they ask what else they should be opposing. This is because now we are discussing the Supplementary Budget and our colleagues are not here simply The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
because they were asked to oppose the electoral laws. They have the energy to come and eat food from our cafeteria but they do not even have the energy to pick Order Papers to see that there are other businesses that will be conducted in this House. I request that wherever they are, listening to what we are debating - I know they are just around watching this debate - let them know there are other businesses that we conduct in this House and not necessarily what they have been asked to oppose. I have also learnt a lesson from the Bible. It says that your enemies will come through one direction, but will scatter in several directions. As we speak now they are scattered. There are many who have come to Jubilee while others have gone to the United Kingdom (UK). I also heard that Hon. Wetangula has gone to Japan to enable him finish the business of our embassy in Japan. I have also heard that there is someone else who has remained to make sure that the M-Pesa Pay Bill No.99144 is followed to the letter. Hon. Temporary Deputy Speaker, we have a problem as a country and that is why we are passing the Supplementary Budget. However, our legal agencies are not taking legal measures against people who have a pyramid scheme of conning Kenyans through M-Pesa . Kenyans have contributed a lot of money, millions if not billions and somebody literally just withdraws from the race yet he did not use that money. We also need our Director of Public Prosecutions (DPP) to follow up on this matter and see if it is a pyramid scheme where Kenyans were conned millions of shillings using the said M-Pesa Pay Bill number. In fact, Safaricom should open the server of that pay bill number so that we know how much they conned people so that they would be given back their money. No one is above the law. If we can jail a chicken thief, then what becomes of a person who steals millions and billions of shillings? Some of the contributors are poor Kenyan citizens. Some of them are masons, while some are chicken sellers yet they have contributed. They have foregone their lunch and dinner to contribute. We are passing the Supplementary Budget that affects the taxpayers’ money. That money contributed was taxpayers’ money. With those very many remarks, I beg to support the Supplementary Budget.
(Hon. (Ms.) Tuya): The Hon. Member for Turkana Central, are you on intervention or you want to contribute?
Thank you, Hon. Temporary Deputy Speaker. First of all, I would like to thank the Ad-Hoc Committee led by Hon. Limo for what they have done. As much as we talk too much here about individuals, we should know that Kenya belongs to all of us. Before I get to that point, let me comment on the Supplementary Budget. One, you cannot allocate money for the process and not allocate money for the manpower. Nurses are on strike. We allocate money for medical, training and all that and yet the people who are supposed to implement them are outside medical facilities. That is nonsense. That one does not count. So, we must first treat the problem.
(Hon. (Ms.) Tuya): Hon. Nakara, you are out of order. I do not think we have any nonsense done within this House.
Hon. Temporary Deputy Speaker, I am talking nonsense in a way that ---
(Hon. (Ms.) Tuya): Hon. Nakara, again, I want to ask Members to confine themselves within the confines of the debate according to the Standing Orders. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
I was not referring to any Hon. Member. I apologise and withdraw the statement. However, I was trying to say that it makes no sense for us to budget for the process and drugs, yet we have left the nurses outside the Budget. For that particular matter, our work here will be affected because we have not treated the problem that is facing the health sector in this nation. We must first reinstate our nurses and continue budgeting for the process. Secondly, what is the purpose of the money that you have allocated the IEBC? We do not have elections. We want that money to be returned to the Central Bank of Kenya so that we can wait ---
On a point of order. Thank you, Hon. Temporary Deputy Speaker. With a lot of respect to my brother and colleague, who is actually doing his second term, I expected him to inform this House that the recurrent expenditure for nurses which today has made them go to the streets is a budget that is catered for by county governments. Therefore, the salaries of the nurses, if any, should be catered for under the county government budget, which this Government has already made. In due course, the county governments will be receiving money which will then make them negotiate with the nurses so that they are back on duty. Therefore, you cannot blame the national Government. What we are dealing with is the Supplementary Budget for the national Government and not county government. Thank you.
(Hon. (Ms.) Tuya): I think you have passed the information. Hon. Nakara, continue with your contribution.
Thank you, Hon. Temporary Deputy Speaker. I was trying to say that the money allocated for the IEBC is little compared to the enormous work that is ahead of it. That money should be put aside or given to another ministry because there will be no election. There is no use for us to allocate the money. Regarding livestock, we have allocated money for that issue severally in this Parliament but we have not seen any occasion where money has been used for improvement of the livestock sector. I come from Turkana. There was a time when the President came and launched insurance for livestock. Three years down the line, we have never seen that money. It is not good to have things on paper and we do not implement them. Let us implement them. When the Government addresses the media, it looks as if they are doing something good for the common mwananchi yet they know that they are lying to our people and misleading the nation.
There are some things we should implement. It is not bad to allocate the money but we need to see the action because we have lost many livestock---
On a point of order.
(Hon. (Ms.) Tuya): --- ( Off-record )
Hon. Temporary Deputy Speaker, is the Member in order to mislead the House by saying that he does not know that the livestock portfolio is a devolved function managed by the county governments? In fact, what we are giving in these Supplementary Estimates is only additional. The County Government of Turkana gets more than Kshs13 billion. Can he confine himself to what the county government could have done instead of misleading the House?
(Hon. (Ms.) Tuya): Hon. Nakara. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Temporary Deputy Speaker, let me inform my fellow hon. Member that this is a national project. It is not a county government project. It was launched by His Excellency the President. He should not say that just because Turkana County is getting Kshs11 million, they should take up a role that is supposed to be undertaken by the national Government. I am talking about the national Budget and not the county budget. Hon. Temporary Deputy Speaker, on the issue of education, every presidential aspirant promised to give free education to Kenyans. Now we cannot say that this money has been given by the Jubilee Government. Even if Hon. Raila would have won, this money would still have been allocated to the Budget. Also, from all the projects that we have seen, most of them have favoured particular areas. You are developing areas that are already developed. You are building stadia in areas where such facilities already exist. Why can we not challenge ourselves and have equity in all the counties so that we can have development balanced in this country? When you say you take a stadium to a place like Bomet just because you want to place certain people---
(Hon. (Ms.) Tuya): Hon. Nakara, you have one minute to wind up.
Let us have equal distribution of development, be they Opposition or Jubilee areas. Finally, the Right Hon. Raila Odinga is a man who can take care of himself for the rest of his life. The money you have allocated here is for the poor. Therefore, people should not bring the name of Raila here.
Thank you, Hon. Temporary Deputy Speaker. I know it is an opportune moment for many of us to make political statements on a very serious matter, but it is also very irresponsible of us in this House. This is a House that has been charged with the responsibility of appropriating resources. The Member from Turkana has said very unpleasant things about the Government. He may assume that he is speaking about the Government but he is talking about this House because it is this House which appropriates resources. Is the Member in order to say that this House is appropriating money in a skewered way and even mention stadia, forgetting that places like Wote in Makueni County have never had a stadium? He said that we are allocating money to areas where there were stadia before. It appears that he has not read the Report of the Ad Hoc Committee that came up with the Supplementary Budget. The only old stadia that are being renovated include Kasarani and Nyayo in Nairobi, and Kipchoge Keino in Eldoret. The same member talked about a national insurance scheme for livestock, saying that this House only appropriate money on paper. We do not appropriate money on paper. If the Member has been ignorant of what has been going on, the money goes to payment of premiums for livestock insurance. Last month, I witnessed it. This is a matter that is widely covered by news channels. Livestock farmers were compensated. As a responsible leader from Turkana County, he should be educating his people on how to have their livestock covered by insurance scheme, and not accuse this House of appropriating money on paper, because we do not do that. We appropriate money. This House has a responsibility to oversee Government on implementation of that programme. I want you to find the Member completely out of order for accusing this House of appropriating money on paper and to projects that do not exist because those projects exist. I am sure you will sit in the Departmental Committee on Agriculture, Livestock and Cooperatives and see whether that money goes to paying premiums for livestock insurance for farmers in your county but since you probably go home once or twice in a year, you may never know when these things happen. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
(Hon. (Ms.) Tuya): Let us have the Hon. Member for Nandi County, Dr. Tum Chebet.
Hon. Temporary Deputy Speaker, I am so happy that the Supreme Court has allowed Dr. Ekuru to be on the ballot paper. This country cannot be held to ransom by the National Supper Alliance (NASA). The Member from Turkana has said that there will be no elections, and that we are not going to approve the Kshs10 billion for the repeat presidential election. I want to tell him that there are many things that have happened. Women in this country are crying because their businesses are not doing well. There is much political unrest. We cannot leave Kenya to be the way it is. We came here to transact business and pass the Supplementary Budget. Today I am happy because there will be approval of the money meant for the repeat presidential elections. We do not want to see women undressing on the streets of Kenyan cities as that will curse Kenyans. There is a lot of food insecurity in this country. People are not doing business because the revenue of this nation is low. The Member from Turkana should be proud because the people of Turkana will be catered for today. There is Kshs23 million for free education. Women who sell vegetables are suffering while educating their children. As a woman and a mother, I know that mothers will rest because the Government will provide for free secondary education. I am happy, and I fully support this Supplementary Budget. We have quite a number of people who are old in our nation and Kshs6.1 million has been allocated to them. It is my prayer that fairness will be the dictating factor in the distribution of money to the old people. It should cover all the 47 counties. It should be distributed in a fair manner. There is Kshs3 million meant for maize subsidy. There are many people who are going without food in our country and if this allocation is passed, I know the Turkana people among others will have food on their tables. There is Kshs470 million meant for sanitary towels. When our children go to school without those items, they will not perform well. So, we should pass this budget fast so that our children, especially the girls, will have a conducive environment. I support this budget and I know on 26th October, President Uhuru will win the elections because Raila Odinga has run to the United States of America.
(Hon. (Ms.) Tuya): Hon. Rindikiri Murwithania from Buuri Constituency.
Thank you, Hon. Temporary Deputy Speaker. First, let me congratulate you for joining the Speaker’s Panel. I take this opportunity to thank the Committee led by Hon. Limo for the good work they have done. We all came to Parliament so that we can fast-track the business of the Government. At this point in time, the country is at crossroads. We have to take measures and what we are supposed to do as Members of Parliament we need to do it and do it fast. My attention has been drawn on the element of arid and semi-arid programmes that are contained in this supplementary budget. I come from a constituency, which even though it is in Meru, can be defined as an arid and semi-arid area because three quarters of my constituency borders Isiolo and Laikipia. We need water. It is a major challenge. As I am speaking to you, this morning there was a conflict. All the elephants and buffaloes have invaded the lower part of my constituency looking for water and grass. This is a challenge. We need to contain the situation. Our neighbours in Isiolo and Laikipia, because of lack of water, are invading our areas in search of water and food for animals. So, it is very important that this budget is passed as a matter of urgency. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Secondly, security is becoming an issue. I was at the police headquarters in search of support because our neighbours are invading our place and I was informed that there are no funds until we approve the budget. So, a lot of Government institutions are not operating because of lack of funds. We have a lot of youth and youth programmes. We came to this House to try and push programmes for the youth. Therefore, when I see a budget that is focussing on the training of youth, it forces me to support it and urge Members to pass it, not forgetting that the Ministry of Education, Science and Technology next year is going to pose a challenge. We need free secondary school education which means that more facilities will be required. Therefore, as Members of this House, we need to take action so that this Supplementary Budget can be processed and the ministries that require urgent funding will have the resources that they require.
Hon. Temporary Deputy Speaker, there is the issue of the repeat presidential elections and the Budget. We, as a Government, have put this circumstance because somebody somewhere did not address the repercussions of what will happen when the repeat election is called for. Therefore, we have no choice about the taxpayers’ money going into this. Let it be that in future, the organs that are charged with these responsibilities... I see they are part of the beneficiaries of the money that we are approving today. We need to take note that their actions have more monetary effects than anything else.
With those few remarks, I urge this Hon. House to pass this Supplementary Budget. Thank you.
(Hon. (Ms.) Tuya): Hon. Wanjira, Member for Gilgil.
Thank you, Hon. Temporary Deputy Speaker. I also take this chance to support this Report. At the outset, I want to thank the Committee because they had to work under very strenuous circumstances. I know they worked for long hours. They even had the time to invite the public to submit their views as is required by the Constitution. This Report for the first Supplementary Estimates is critical noting that this is an election year. Not only is it an election year but also very turbulent in terms of political climate and setup. The Committee has noted clearly that the revenue collection has definitely dipped. The effect on the economy has been felt from every sector. As we speak, that uncertainty is still there. I know there are people who are already on the streets. So, it does not get better. It has been necessitated. It is therefore critical that we look at what is needed to be done, so that Government services are accessed.
I will pick a few places where I want to talk on. One is the issue of the upcoming election. The High Court has pronounced itself on the inclusion of other candidates like Dr. Ekuru Aukot. I only hope that he is not playing games and political summersault that he follows others to withdraw. Even if he withdraws, I want to confirm that one sure reason and guarantee why we will have an election is this Report, and the allocation of Kshs12 billion to cover that election.
I also want to talk of health interventions that have been allocated here. I know that we have a crisis in Baringo. If we do not speak about it, it will be irresponsible. I see about Kshs150million that has been allocated for training of health workers. I hope this can supplement our reaction and mitigation for crisis like the one that is in Baringo where we have lost lives, especially children to this malaria outbreak. It is quite unfortunate that we have Members of the Opposition absconding their duty in this House. It must be mentioned. Article 103 of the Constitution says that if you miss eight sittings in a Session, one can be petitioned to lose his or her seat. We must be very clear because this is a role of Parliament which has been given by the Constitution. It is quite unfortunate that we want to prosecute matters that we should do in these committees. We did not have Members from NASA in this Committee that was looking at these The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
estimates. It is unfortunate. I want to assure the country, even the ones represented by the Coalition for Reforms and Democracy (CORD) Members, that we will represent them because we know our role. It is not in the streets but on the Floor of this House.
There is also the issue of witness protection. I want to note a case that happened in Murang’a recently. We celebrate the world day of the girl-child today. I note with concern the policeman who was prosecuted yesterday for defiling a 13 year old who had been detained for stealing clothes.
Hon. Temporary Deputy Speaker, it will be very unfortunate if we do not allocate enough resources for witness protection. I am looking at that policeman who has already been released on a bond of Kshs400, 000 and I am looking at the security of that young girl of 13 years. The allocation of cash and more resources for witness protection is very critical and I hope that they will be able to take up that case and put that girl in witness protection so that she and her family are safe and to be make sure that justice is done and that guy is punished for that heinous act.
Allow me also to talk about cash transfer. If there is one thing that this Government has done that will transform this country, it is this programme where the elderly are given money by the Government. In our constituencies, every now and then we are called for a medical harambee or for a medical fundraiser. The one thing that will really help to take care of these old members of our society is this subsidised insurance proposed in this estimates. This will be a life changer. I hope we implement it as soon as possible.
The issue of integrated Internally Displaced Persons (IDPs) is a thorn in the flesh. In Gilgil, even now, we have issues of integrated IDPs. I hope the money that has been allocated here is the last tranche so that we can deal with this issue once and for all. I know that even the wider Nakuru County, Molo in particular, we have people who went back to the society but were never compensated. So, everyday there are complaints and petitions about IDPs. I hope this will deal with that.
Yesterday, we celebrated the world mental health day. Even as we allocate resources to Mathari Hospital, Gilgil as a constituency hosts the second largest psychiatrist department in the country but it is thoroughly underfunded. When you interact with psychiatric patients in wards anywhere, they are inmates who had been left by their families and have stayed there for over 30 years. They do know any other home. I look forward to having these allocations spread to cover other psychiatric wards in other hospitals.
On the issue of maize subsidy, I know the World Health Organisation (WHO) released a very damning report of the children who were thoroughly malnourished. It is quite a worrying trend. If you look at the newspapers today, you will see children from Turkana who are desperate. They are underweight and are really malnourished. I hope the interventions will include and complement what is already being done by other agencies like WHO and the Red Cross to save our children and ensure they reach five years of age.
I beg to support this Report on Supplementary Estimates for the 2017/2018 Financial Year. I hope our colleagues can be honest enough and tell their constituents why they are elected to be in this House. We hope they are going to take their role of legislation, representation and oversight seriously because this role is not one of the Executive. That is why the Committee invited different departments of Government and asked them to tell them why they should be allocated different resources.
I beg to support. Thank you.
(Hon. (Ms.) Tuya): The Hon. Member for Njoro, Chepkwony Kathambi. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you very much Hon. Temporary Deputy Speaker. I rise to support the Supplementary Estimates. I have gone through it and I have seen it is a very good thing for us to pass. It is a priority right now in our country. As I was going through it, I thought of my constituency, Njoro where majority of my people are farmers. I realise that the Supplementary Budget has taken seriously the majority who practise agriculture. Therefore, I appreciate the Supplementary Estimates for taking seriously matters of agriculture, crop development and management. That way, the future of this country will be in safe hands. Our farmers will now be fully empowered so that we can counter food insecurity in our country. Another thing I appreciate about the Supplementary Budget is the issue of sports development. As you realise, we have our young people who have different talents. Having looked at the budget provided for sports development, I realised that we have space for our people to develop their various talents. I also appreciate this Supplementary Budget because I see that it has covered matters of roads. I come from a constituency where road network is a serious issue. I am sure when we pass such a Budget, it will cater for a very serious matter in this country. Another thing I appreciate about the Supplementary Budget is the issue of water management. Water is a thorny issue in this country. Women have suffered so much. Accessing water has become a big issue. When I was going through this Supplementary Budget, I realised it is high time we passed it as quickly as possible because it is going to solve most of the family matters. Another issue I appreciate about the Supplementary Budget and why we should all support it is because of the national social services which cover the issues of our health and the people in this country. We appreciate that we have this time now to take care of their problems. I appreciate that the elderly funds are going to be effected from January 2018. Another very good idea about this Supplementary Budget is promotion of education in this country. Come 2018, children of people who have seen so much suffering in this country will access free education. Therefore, it will be a boost to the education sector. I also appreciate that we have a good budget for university education. This will promote education. We all understand power and knowledge is very important, and it can only be achieved through promotion of education in this country. Another thing I have noted and appreciated so much is the budget provided for national security. Security is very important in our country. We appreciate that there is a good budget which is going to make sure that the entire team is well equipped so that security in this country is sufficiently enhanced. Another thing I have appreciated is the budget set aside for special programmes. I come from Njoro Constituency where in 2007/2008, majority of my people were affected. We currently have Internally Displaced Persons (IDPs) whose matters have not been sorted out. As I went through this Supplementary Budget, I saw provision for settlement of IDPs, and I appreciate it. Another crucial allocation in this Budget is the Kshs10 billion that has been set aside for the repeat presidential election of 26th October, 2017. We appreciate it. Therefore, it is the responsibility of the IEBC to carry out their mandate. They already have enough resources. The IEBC is an independent institution, and should not accept to be intimidated by anyone. They should fully equip themselves. I am sure they have trained officers in every part of this country because on 26thOctober, we will have a repeat presidential election. The IEBC, therefore, should be very happy. We have allocated funds and we are going to approve the Supplementary Budget. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
I do not know whether the Tinga Tinga gentleman is going to be back on the ballot or he has fully resigned from the race. As Members of Jubilee Party, we are fully prepared and we know that on 26th October 2017 we are going to re-elect President Uhuru Kenyatta.
The Budget is very good. I appreciate it. I come from the Mau region where conservation of forests is a very serious matter. It is high time we restored our forests in order to make our country better. We need to improve the agriculture sector so that we can counter food insecurity in our country.
I seriously support the Supplementary Budget. I also thank my people of Njoro for having elected me as their first female MP.
(Hon. (Ms.) Tuya): Hon. Lentoimaga, Member for Samburu North.
Finally. Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity. For your information, I am a Member of the Ad Hoc Supplementary Budget Committee. I must say that the Committee did a good job and we need to support its proposals.
I, therefore, rise to support the 2017/2018 Supplementary Budget. This is a critical time for Kenya and supplementary budgets are always provided for when there are unforeseen circumstances and costs of an emergency nature. These particular estimates address those unforeseen issues during the budget-making process at the beginning of this year. Of great importance is the allocation of Kshs23 billion for free day secondary education. This is very important especially for poor families. Many school-going children in secondary schools remain at home because of the economic problems that we are witnessing in this country presently. Parents are unable to pay school fees. So, this money has come at the right time for these poor children. Although we used to say primary education is basic, secondary education is a human right issue and we need to support it. That is why the Supplementary Budget has allocated this money to Free Secondary Education Programme. During the last Parliament, most of us, including Samburu North Constituency, constructed secondary schools through NG-CDF and they needed a lot of support. I constructed five day-secondary schools. This is the cheapest education system poor parents can get. At the end of the day, parents only pay about Kshs10, 000 per year. Those who cannot afford to take their children to boarding schools, then this is the right time to do so. The Government together with this Committee has done a nice thing. This is a wise policy and we need to support it as Members of Parliament. From January many of them will go to school and will not pay. For Jubilee Manifesto, this is a step in the right direction. When we were campaigning in our respective areas, this is one of the things that we had put in place and we had told our people as much. That is one reason they re-elected us to this House. We are fulfilling a pledge that we made during our campaign time. We need to support this particular initiative so that it can go through. Secondly, the allocation of Kshs12 billion to the IEBC was a request. A member had risen earlier on to claim that we are giving IEBC money when they do not need it. This request was made specifically by the IEBC. Either way we have to do election in this country. We are a democratic country. The elections were done on 8th August; the presidential election was nullified; and we have to do this election again. We must put it behind our back so that we can move on. We came here to work so that we can deliver to our people, but because of the Supreme Court we have been taken back. So the election has to be done. And this money is specifically meant for the repeat election. So we need to give IEBC the Kshs12 billion for them The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
to prepare. Actually, they have already prepared. This is a budget they prepared themselves, they know what they are supposed to do and the money will go along that particular budget. As for Raila withdrawing, it does not matter. To me, it is like a young man going for initiation and at the last minute he fears the knife. So he is a coward. He has run away. But this country must move on. We must move on. It is not a must that Raila should be in the ballot. It is not a must that Raila should run so that this country can move and have election. We need to have election either way. The third issue is about enhancing safety transfer, the money that is meant for the elderly people. At the age of 70 and above, what an old person needs is food and medication. He has no strength to work. So this Kshs6.2 billion for the provision of safety net transfers for the elderly has come at the right time. And we need to support it. This House has to support it so that these elderly persons, men and women, can extend their lives in this country. This money is important and I support it. I know it will help them so much so that they can live extra years with us. The fourth issue that is very critical is livestock off-take for those counties. Fourteen counties are facing severe drought. I know this money is not enough but all the same it is going to add to the budget of the counties, because in most cases, livestock function is devolved to the counties, so this is just an added budget for the counties to improve on the disbursement of livestock off-take. This particular sector has not been doing well, especially the livestock off- take. We even did it two months ago and what we realised is that people implementing the off- take programme do not normally target the most poor, the most affected. I want the Ministry of Livestock this time round to use this Kshs950 million to target those who are very vulnerable. In every county not all areas are affected by drought; only certain areas. And we have methods of doing assessment. There are officers on the ground from the National Drought Management Authority who do continuous assessment to identify the most vulnerable in areas that they work. For example, Samburu County, Samburu North and Samburu East are the most affected. In that case we need to focus this money, if it is allocated to the county or a department, it must focus on Samburu North and Samburu East so that we can make an impact on the problem that we have in those areas. Instead of giving out blanket allocation, we should focus on particular areas that really have problems of livestock dying and people lacking food and income. We also want to recommend that if this money is given to the livestock keeper to enable him sell his cow, the animal should be slaughtered and the meat given as relief food to the local people because it is public money. The Government does not make profit and so it does not have to take back the animal and sell it. Rather, it should be given back to the community to consume as relief food alongside the normal relief food like maize, beans and other necessary foodstuffs that are given by the Government. The last one is the issue of allocation of Kshs1.9 billion to the Parliamentary Service Commission. It is very critical. Initially when we met the National Treasury, its recommendation was that they should slash Kshs9.2 billion from PSC. This would have seriously affected the construction of offices that is ongoing. It could have created a variation because there is a contractual agreement. So, this particular allocation should go along to complete that building. Since my time is over, I want to support this Supplementary Budget Estimates and urge Members to also support. Thank you so much.
(Hon. (Ms.) Tuya): The Hon. Deputy Leader of the Majority Party, Hon. Angwenyi, the Floor is yours. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Temporary Deputy Speaker for giving me a chance to contribute to this Motion. First, I arise to support but with some comments. Initially, the National Treasury had proposed to reduce the budget for Senate and the National Assembly by almost Kshs7 billion. When we establish the Budget and Appropriations Committee, it should tell the National Treasury very clearly not to interfere with our budget. That is the independence we earned through hard work. How can they reduce our hard work? How can they reduce our budget by Kshs7 billion yet they are increasing the National Treasury’s budget by a similar amount and yet the PSC’s budget is Kshs1.3 per cent of the national Budget? They should not touch it. Two, I want to commend this Committee especially for approving an increase in allocation to the ministry concerned with water matters. Water should be available in the entire country. Where I come from, we have to go to rivers in search of water but they are heavily polluted. Therefore, we need water in our areas. Three, is the increased amount for crop development. Can you for the first time allocate some of these funds to develop tea farming? Tea farmers are the greatest earners of foreign exchange for this country but they have never received any support from the State. Coffee and sugar farmers still receive our support. Can we for a change this time support tea farmers? We can, for example, build their factories and the like. Finally, let us now dispose of the issue of Internally Displaced Persons (IDPs) once and for all. As we dispose of that issue, let us also consider whether we can allocate some funds for the village elders. They do a very important job and do not get any payment. With those few remarks, I beg to support.
(Hon. (Ms.) Tuya): Hon. Kimunya, the Floor is yours.
Hon. Temporary Deputy Speaker, I have seen the interest in this matter and we are all discussing the same thing. Would I be in order pursuant to Standing Order No.95 request that the Mover be called upon to reply?
(Hon. (Ms.) Tuya): Hon. Members, I shall now proceed to put the Question.
Thank you, Hon. Temporary Deputy Speaker. It seems many Members want to speak. I have very few minutes. So, I will only give one Member. That is the Member from Igembe Central.
(Hon. (Ms.) Tuya): Hon. Limo, you do not have leeway to donate. Go ahead to reply.
Hon. Temporary Deputy Speaker, I beg to move that this House adopts the First Supplementary Estimate Budget Report. This is so that we achieve the many activities that have been lined up. I clearly state that we would not want the country to be misled; that this House has not allocated funding for the presidential elections. The country should know that the Committee has allocated Kshs12 billion for the purpose of the fresh presidential election, which will be conducted on 26th October, 2017. All presidential candidates had better run up and down asking for votes because the elections will be held on that day. The IEBC is ready. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
With those remarks, I move that this House adopts the Report.
(Hon. (Ms.) Tuya): Hon. Members, the time being 12:59 p.m., the House stands adjourned until this afternoon, at 2.30 p.m.
The House rose at 1.00 p.m.