Hon. Members, this Communication relates to referral by His Excellency the President of the Public Procurement and Asset Disposal Bill, 2014 and the Public Audit Bill, 2014.

Hon. Members, you may recall that during the first part of this Session, the National Assembly passed the Public Procurement and Asset Disposal Bill, 2014, and the Public Audit Bill, 2014, which had constitutional deadlines. Thereafter, I presented the Bills for assent to His Excellency the President on 27th May 2015 in accordance with the provisions of the Constitution and our Standing Orders. However, on 10th June 2015, His Excellency the President, by way of a memorandum, referred the Bills back to the National Assembly for reconsideration pursuant to the provisions of Article 115(1)(b) of the Constitution.

Hon. Members, on the Public Procurement and Asset Disposal Bill, 2014 the President has expressed reservations on Clauses 51 and 124. Consequently, the President recommends amendment of sub-clause (3) of Clause 51 and deletion of sub-clause (4) of Clause 124 and the insertion of a new sub-clause (4) therefor.

Regarding the Public Audit Bill, 2014, the President has made recommendations on Clauses 4, 8, 16, 19 and 66. The President has also recommended the insertion of new Clauses 11A and 40A. Hon. Members, it is important from the outset to note that these two Bills were considered by the two Houses of Parliament. In this regard, the consideration of the Presidential Memoranda will be by both the National Assembly and the Senate. Hon. Members, let me remind you that I have always observed that some provisions of our Standing Orders, especially those related to the consideration of Presidential Memorandum on a Bill, do not accord with the Constitution. For instance, the provision of Standing Order No.155, which commits Presidential Memoranda on a 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.

Bill considered by both Houses to a joint committee, seems to offend the provisions of Article 115 of the Constitution. While the provision of Standing Order No.155 foresees the adoption of a report of a joint committee of the two Houses, the Constitution requires that any amendment to a Presidential recommendation, or a total rejection of the recommendations, should be supported by a vote of at least two-thirds of the Members of the National Assembly and two-thirds of the delegations in the Senate. With this in mind, this may be said to be one of the instances where we cannot use the Standing Orders in considering the matters at hand. Hon. Members, in view of the foregoing, I will issue a comprehensive guidance on how to proceed with the above matters on Tuesday, 16th June 2015. In the meantime, the memoranda stand committed to the Departmental Committee on Finance, Planning and Trade for consideration. Thank you.

Hon. Speaker, I beg to lay the following Papers on the Table of the House:- The Programme-based Budget of the National Government of Kenya for the year ending 30th June 2016.

The Report of the Auditor-General on the Financial Statements of the Ministry of Transport and Infrastructure for the year ended 30th June 2014 and the Certificate of the Auditor-General therein. The Report of the Auditor-General on the Financial Statements of the Commission for the Implementation of the Constitution for the year ended 30th June 2014 and the Certificate of the Auditor General therein.

The Report of the Auditor-General on the Financial Statements of the Kenya

Civil Aviation Authority for the year ended 30th June 2014 and the Certificate of the Auditor General therein.

The Report of the Auditor-General on the Financial Statements of the State Corporations Appeals Tribunal for the year ended 30th June 2014 and the Certificate of

the Auditor General therein.

The Report of the Auditor-General on the Financial Statements of the Constituencies Development Fund for Roysambu Constituency for the year ended 30th June 2014 and the Certificate of the Auditor-General therein.

Thank you, Hon. Speaker.

Chairman, Departmental Committee on Transport, Public Works and Housing, you have two reports?

Both reports?

Next Order!

Hon. Speaker, pursuant to Standing Order No.44(2)(a), on behalf of the House Business Committee (HBC), I rise to give the following Statement regarding the business to appear before the House during the week beginning Tuesday, 16th June 2015. As usual, the HBC met on Tuesday in order to give priority to the business to be transacted. Hon. Members will agree that having resumed from the long recess, we are now re-energised and ready for the business at hand. The HBC proposes to fast track several pending committee reports to clear the backlog dating back to 2013. The following Reports are pending from various committees:- The Public Investments Committee Special Report on the Procurement of the Tender for the Proposed Kenya Bureau of Standards Coast Regional Offices and Laboratories in Mombasa, laid on the Table of House on Wednesday, 4th June 2014. The Public Investments Committee Special Report on the Procurement and Financing of the National Social Security Fund Tassia II Infrastructure Development Project, laid on the Table of the House on Wednesday, 30th April 2014. The Public Investments Committee Special Report on the Restructuring of Kenya Petroleum Refinery Limited, laid on the Table of House on Tuesday, 29th April 2014. The Nineteenth Report of the Public Investments Committee on the Audited Financial Statements of State Corporations (Volume I and II), laid on the Table of the House on Tuesday, 31st March 2015. Hon. Speaker, from the Budget and Appropriations Committee, the following reports will be considered for debate:- The First Quota Budget Implementation Review Report for the National Government by the Controller of Budget for the Financial Year 2014/2015. The First Half Budget Implementation Review Report for the National Government by the Controller of Budget for 2014/2015, laid on the Table of the House on Thursday, 30th April 2015. The Report of the Departmental Committee on Education, Research and Technology on the unpaid pension dues to retired teachers (1997 group), laid on the Table of the House on Wednesday, 15th April 2015. The Report of the Departmental Committee on Agriculture, Livestock and Cooperatives on the crisis facing the sugar industry in Kenya, laid on the Table of the House on Thursday, 12th March 2015. The Report of the Committee on Labour and Social Welfare on National Social Security Fund, Tassia II Settlement Scheme Infrastructure Development, laid on the Table of the House on Thursday 19th February 2015. The Report of the Select Committee on Regional Integration on the East African Community Peace and Security Protocol and the Mutual Peace and Security Pact, laid on the Table of the House on Wednesday, 29th April 2015. The Report of the Committee on Lands on resettlement of squatters in Muri Farm, Mathengeta Tumutumu/Riakanau Farm, Drake Farm and Kasuku Farm, laid on the Table of the House on Thursday, 12th June2014. 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.

The Report of the Departmental Committee on Lands on degazettement of Government land belonging to Chorlim Cooperative Society, laid on the Table of the House on Tuesday, 2nd December 2014. The Report of the Committee on Lands on land adjudication issues in Meru and Tharaka-Nithi counties, laid on the Table of the House on Wednesday, 3rd December 2014. The Report of the Committee on Lands on compensation of evictees of Galleria Shopping Mall and the expansion of Lang’ata Road, laid on the Table of the House on Wednesday, 3rd December 2014. The Report of the Committee on Lands on land issues in Taita Taveta County, laid on the Table of the House on Wednesday, 3rd December 2014. The Report of the Departmental Committee on Lands on Banita Settlement Scheme, laid on the Table of the House on Wednesday, 3rd December, 2014. The Report of the Departmental Committee on Lands on the disputed Karen Land (LR No. 3586/3) laid on the Table of the House on Thursday, 11th December 2014. The Report of the Select Committee on Implementation on the status of the implementation of the House resolutions from May 2013 to February 2015, laid on the Table of the House on Thursday, 2nd April 2015.

Hon. Speaker, Chairpersons of various committees are notified to avail themselves in the House when their business is scheduled for debate to avoid a situation like the one witnessed yesterday. The House Business Committee should consider imposing sanctions to Committees whose Chairpersons fail to avail themselves to move scheduled business of Committees in the House.

The House Business Committee has taken conscious decision to also schedule 11 Senate Bills for consideration most of which have been pending before this House for some time. The Bills are awaiting Second Reading and they include the following:- The National Flag, Emblems and Names (Amendment) Bill (Senate Bill No. 2 of 2013) The County Governments (Amendment) Bill (Senate Bill No. 1 of 2014) The County Governments (Amendment) Bill (Senate Bill No. 2 of 2014) The Political Parties (Amendment) Bill (Senate Bill No. 3 of 2014) The Statute Law (Miscellaneous Amendments) Bill (Senate Bill No. 4 of 2014) The Public Finance Management (Amendment) Bill (Senate Bill No. 11 of 2014) The National Honours (Amendment) Bill (Senate Bill No.16 of 2014) The Government Proceedings (Amendment) Bill (Senate Bill No.10 of 2014) The County Assemblies Powers and Privileges Bill (Senate Bill No. 14 of 2014) The Persons with Disabilities (Amendment) Bill (Senate Bill No. 24 of 2014) The National Youth Service Bill (Senate Bill No. 26 of 2014) Hon. Speaker, also of priority for consideration are seven Sessional Papers already tabled in this House and they include:- The Sessional Paper No. 4 of 2013 on the Employment Policy and Strategy for Kenya, laid on the Table of the House on 17th September 2013. The Sessional Paper No. 5 of 2014 on the National Policy for Peace building and Conflict Management, laid on the Table of the House on 31st July 2014. 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.

The Sessional Paper No. 9 of 2014 on the National Cohesion and Integration, laid on the Table of the House on 31st July 2014. The Sessional Paper No. 2 of 2013 on the National Industrial Training and Attachment Policy. The Sessional Paper No. 3 of 2013 on the National Productivity Policy, laid on the Table of the House on 17th July, 2013. The Sessional Paper No. 2 of 2014 on the National Social Protection Policy, laid on the Table of the House on 17th June 2014. The Sessional Paper No. 4 on the Governance, Justice, Law and Order Sector Policy (GJLOS), laid on the Table of the House on 12th February 2015. When the time comes, I will request the Sessional Papers to be moved by the relevant Committee Chairpersons whose interaction with the relevant Ministries is more than that of the Leader of the Majority Party. It is also expected that next week the Report of the Departmental Committee on Finance, Planning and Trade on the vetting of the nominees for the appointment as Governor, Deputy Governor and Chairperson of the Board of Directors of the Central Bank of Kenya (CBK) will be tabled for consideration by the House in keeping with the timelines stipulated under the Public Appointments (Parliamentary Approval) Act, 2011. The House has just concluded the passage of the year four constitutional Bills and managed to beat the extended deadline of 27th May 2015. The focus has now shifted to year five constitutional Bills which ought to be passed by 27th August 2015 which is just two months away. Allow me to request the Constitutional Implementation Oversight Committee (CIOC) to follow up on these Bills and constantly inform the House on the progress of the publication of those Bills. This will assist the House in planning ahead of the 27th August 2015 timeline. Regarding the Cabinet Secretaries (CSs) appearing before Committees on Tuesday, 16th June 2015, the schedule is as follows:- The Cabinet Secretary for Environment, Water and Natural Resources, that is if Hon. Eugene Wamalwa will not be sworn in by then, will meet at 10.00 a.m. before the Departmental Committee on Environment and Natural Resources to answer questions from hon. Rachel Ameso M.P., hon. Mathew Lempurkel M.P. and hon. Dr. Wilberforce Ottichilo. The Cabinet Secretary for Labour, Social Security and Services will meet at 10.00 a.m. before the Departmental Committee on Labour and Social Welfare to answer questions from hon. Kamoti Mwamkale M.P. and hon. Joe Mutambu M.P. The Cabinet Secretary for Industrialisation and Enterprise Development will meet at 11.30 a.m. before the Finance, Planning and Trade Committee to answer questions from hon. Dr. Wilberforce Ottichilo and hon. John Waluke M.P. The Cabinet Secretary for Interior and Co-ordination of National Government and his colleague the Cabinet Secretary for Education, Science and Technology - I expect them in Parliament - will meet at 11.30 a.m. before the Departmental Committee on Administration and National Security and Departmental Committee on Education, Research and Technology to answer a question of critical urgency from Hon. Muluvi, M.P. 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.

They need to tell the nation and the family the whereabouts of that great student. The parents want to know her whereabouts. It has been more than two months and we expect the two Cabinet Secretaries who are in charge of Security and Education to put their heads together before Tuesday and avail an answer to the House. Finally, the House Business Committee (HBC) will meet on Tuesday, 16th June 2015 at the rise of the House to consider business for the rest of the week. I now wish to lay the Statement on the Table of the House. Thank you.

Order Members and take your seats. Those of you on the passages and gangway, could you take your seats! What is it that some Members are permanently standing? Take a seat. They are several.

Hon. Members, as you all know, today is a special day in our calendar of events. Therefore, I want to take this opportunity to recognise and invite to the National Assembly the following personalities: - The former (Rtd.) hon. Prime Minister Raila Amolo Odinga.

In the Speaker’s Gallery are the following dignitaries: - The Hon. Maj-Gen.(Rtd.) Nkaissery, Hon. Najib Balala, Dr. Fred Matiang’i, Prof. Kaimenyi, Prof. Wakhungu, Attorney-General, Prof. Githu Muigai, Deputy Chief Justice and Lady Justice Kalpana Rawal. Also in our midst are Sen. (Dr.) Zani, hon. Mumbi Ngaru, Member of the East African Legislative Assembly (EALA) and several Principal Secretaries, Diplomats led by various High Commissioners and Ambassadors, members from the private sector, members of public including schools all who are in the Public Gallery. They are all welcome to the proceedings of today.

Hon. Members, I am also informed that in our midst is the Chief Whip of EALA who is seated in the Speaker’s Gallery.

Next Order!

Order, Members! Please, the general rule is that while you are in the Chamber, everybody is expected as much as possible to remain seated. That is the way it should be. If it is possible, please, remain seated. Hon. Members, debate on this Bill was concluded. What remains is for the Question to be put which I hereby do.

Put the Question.

Order, Members! You cannot put a Question to nothing. The hon. Asman Kamama will be heard while moving his Motion.

Thank you, hon. Speaker. I beg to move the following Motion:- THAT, pursuant to Article 154(2) of the Constitution and the provisions of Standing Order No.45, this House adopts the Report of the Departmental Committee on Administration and National Security on the Vetting of the Nominee to the Position of Secretary to the Cabinet laid on the Table of the House on Wednesday,10thJune 2015. Hon. Speaker, the Departmental Committee on Administration and National Security of the National Assembly is constituted pursuant to the provisions of Standing Order No. 216 and has executed its mandate in accordance with the provisions of the said Standing Order. The Standing Order mandates the Committee to inter-alia, investigate, 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.

inquire into and report on all matters relating to the mandate, management, activities, administration, operations and estimates of the assigned ministries and departments. It is expected to vet and report on all appointments where the Constitution or any law requires the National Assembly to approve. I just want to report to the House that we complied with all the constitutional provisions in the vetting of this nominee. I want to read the findings of the Committee and the verdict.

Hon. Speaker there is loud consultation. After conducting the vetting exercise, the Committee made the following observations and findings:- 1. Ambassador Dr. Monica Juma has the requisite qualifications and vast experience in the public services which qualifies her for the position of Secretary to the Cabinet. 2. The nominee has risen through the ranks progressively both in the public service and academia rising to the current position as Principal Secretary in the Ministry of Interior and Coordination of the National Government. 3. Ambassador Dr. Monica Juma has never been implicated in any known scandal during her official capacity. 4. The candidate exhibited impressive knowledge of topical issues especially those touching on security and public policy. 5. There was a letter written by this nominee to this House and it is annexed to this report. The letter written by the nominee and addressed to the two Clerks of Parliament, according to the Committee, was in bad faith. It contravenes the spirit of Article 1 of the Constitution of Kenya which provides that sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. Article 1 (2) provides that the people may exercise their sovereign power either directly or through their democratically elected representatives. By denying elected representatives access to a public office, the nominee is denying Kenyans a chance to exercise their sovereign authority and is in breach of Article 2(1) of the Constitution. 6. The nominee has not exhibited the responsibilities of leadership as espoused in Article 73(1) (a) (ii) (iii) (iv) of the Constitution which provides that: i. “Authority assigned to a State officer- (a) is a public trust to be exercised in a manner that- ii. (ii) demonstrates respect for the people; iii. (iii) brings honour to the nation and dignity to the office; and iv. (iv) promotes public confidence in the integrity of the office.” 7. Although the nominee has good academic credentials, she lacked a practical approach in dealing with the public and elected representatives. She displayed arrogance and insensitivity to the needs and concerns of the public and the elected leaders. 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.

8. The nominee was not able to articulate the achievements in her tenure as the Principal Secretary in the Ministry of Defence and the Ministry of Interior and Coordination of National Government. There were noticeable rise in insecurity cases during her tenure as a Principal Secretary in the Ministry of Interior and Coordination of National Government. 9. The nominee lacked demonstrable passion to serve the public and their elected representatives Finally, this is what the Committee recommends: “That having considered the suitability, capacity and integrity of the nominee and pursuant to the provisions of Article 154 (2) of the Constitution and Section 8 (2) of the Public Appointments (Parliamentary Approval) Act No. 33 of 2011 the Committee recommends that the National Assembly rejects the nomination and subsequent appointment of Ambassador Dr. Monica Kathina Juma for the post of Secretary to the Cabinet.” I want to be seconded by Hon. (Dr.) Humphrey Njuguna. Thank you, Hon. Speaker and Hon. Members for giving me attention.

Who is seconding? Hon. Humphrey Njuguna.

Thank you Hon. Speaker. I rise to second this Motion. I am a member of the Departmental Committee on Administration and National Security. We went through the whole process of vetting Ambassador Monica Juma as expected. Like the Chairman has said, we found that she has the papers and credentials. However, we have problems with her in relation to Articles 1 and 2 and Chapter Six of the Constitution.

Let me elaborate. Article 1 of our Constitution talks about the sovereign power of the Republic belonging to the people and this power is exercised by the people directly or through their elected representatives.

When Parliament carries out the duty like the vetting process, we are doing it on behalf of the people of Kenya. Chapter Six of the Constitution talks about leadership and integrity. Any State officer carries out his duties on the basis of public trust. He or she carries out those duties on behalf of this sovereign authority. State officers should carry out their duties in a manner consistent with the spirit of the Constitution. He or she should demonstrate respect for the people, bring honour to the nation and dignity of the office and promote public confidence. Going further to Section 73 (1), when the State officer exercises this authority he should do so selflessly because he is serving the people. So, Dr. Monica Juma admitted and accepted that she authored a letter to this House through the Clerks and said that Members of Parliament are not welcome in her office. Article 1 of the Constitution talks about elected representatives, when Members of Parliament go to her Ministry, they are not going there as Hon. Members but as representatives of the sovereign power of their 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.

constituents. In this regard we did our best. We went out of our way because it is not easy to deny a Presidential nominee. However, with all fairness the white smoke refused to come out. Every time we tried, the dark smoke came out. I now wish to end there and second the Motion.

Hon. Members, I have received intimation from both the Leader of the Majority Party and the Leader of the Minority Party that they would like to make short comments.

Proceed, Leader of the Majority Party.

Thank you, Hon. Speaker. Procedurally, if the hon. Members of this House look at the Order Paper, they will see that there are amendments by the Leader of the Majority Party. The process is that my amendments, under the Standing Orders, will have in one way or the other---

Hon. Speaker, I want to bring to the attention of the House some serious issues and hon. Members should listen to me. I want to raise serious issues that will allow you to make a determination.

Hon. Speaker, we should not be in a hurry. This is a very serious issue.

Order, hon. Members! Hon. Members, as you know, the Leader of the Majority Party and the Leader of the Minority have priority in speaking. You may not even agree to what they say but you will have to make some decision. So, why not allow them to say what they have to say and then make a decision?

Hon. Speaker, under Article 95 of the Constitution, the hon. Members of this House have three fundamental mandates; namely, legislation, representation and oversight. Vetting of presidential nominees for appointment is an oversight role. Not everybody wants to speak to this Motion but there are many people who want to speak to it.

Hon. Speaker, however minority those people might be in this House, they have a constitutional right to speak.

As I proceed to the substance of the issue that I am raising, I would like to remind my colleagues that today is an important day. We have a Prime Minister and diplomats here---

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. Speaker, I want you to address yourself to the question of the effect of this House approving or rejecting this Motion. The Motion proposes the adoption of the Report of the Committee. If the House approves it, we will have adopted---

Order, hon. Members! The majority will always have their way but you must also allow the minority to have their say.

Hon. Duale, finish your contribution so that the Leader of the Minority Party can also speak.

Hon. Speaker, we have only 10 minutes before the National Treasury walks in. Hon. Members, if you listen to me---

Hon. Speaker, I want you to decide on what the effect of the House approving or rejecting the Motion would be; whether the amendment to the Motion by the Leader of the Majority Party is in order, and whether Section 8 of the Public Appointments (Parliamentary Approval) Act, which prescribes the timeline within which a Committee shall consider a nomination and table a Report in the House applies to this House, in light of the amendment introduced to the Act by the Statute Law (Miscellaneous Amendments) Act, 2014.

Hon. Speaker, the first issue you need to consider in your ruling and communication is on the effect of the House approving or rejecting the Motion. This House has made an amendment to the Public Appointments (Parliamentary Approval) Act. Having said that, the question that you must address is whether a rejection of the nominee may infer an indictment of her as the Principal Secretary (PS) for Interior and Coordination of National Government.

Hon. Speaker, Article 47 of the Constitution and the Fair Administrative Action Bill, 2015 provides that every person has a right to administrative action that is expeditious, efficient, lawful, reasonable and procedural.

Hon. Speaker, that is what I want you to address yourself to. The House may agree with the Committee, in which case it will adopt the Committee’s Report; or, the House may disagree with the Committee, in which case it will reject the Committee’s Report. If the House rejects the Committee’s Report by defeating this Motion, the effect will be that the nominee, as proposed by His Excellency the President, in consultation with Parliament---

On a point of order, Hon. Speaker.

Hon. Members, there is a point of order from Hon. Kajwang’.

Hon. Speaker, I know that we resolved on 11th February 2015 that the Leader of the Majority Party, in a Motion like this one, shall have 15 minutes to move it. Considering the business of the pronouncement of the Budget highlights, would 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 be in order to request that the Motion of the Leader of the Majority Party be limited to the time that he has already spent, so that we can dispose of this matter before the Cabinet Secretary gives us the Budget highlights?

You have finished. There is no time.

Leader of the Majority Party, your time is over. His time is over. Have you moved your amendment?

Hon. Speaker, I beg to move for an extension of the period for consideration of the nominee to the position of Secretary to the Cabinet. Notice is hereby given by me, the Leader of the Majority Party that I intend to move a Motion under Standing Order No.52 (a) which provides that a Motion can be moved without notice. THAT, pursuant to the provisions of Section 13 of the Public Appointments (Parliamentary Approval) Act, this House resolves to extend the period for consideration of the nominee for the appointment by a further ten days from 11th June 2015. I ask Hon. Jamleck Kamau to second.

Hon. Moses Kuria, there is a Question to be proposed. Hon. Jamleck Kamau.

Thank you, Hon. Speaker. I ask Members to just give me one minute. I want to second this Motion.

Are you seconding?

Yes, I am seconding the Motion. I am rising to second the Motion. I ask Members to give me one minute. It is important that as we move forward, and I can see our Cabinet Secretaries here and I am sure they are also reading the mood of the House, to give all Members enough time to look at the contents of this Motion. At the end of the day, the majority will have their way and the minority will have been heard. That is the essence of democracy. I beg to second.

Order, Hon. Members! The Leader of the Majority Party has taken too long to move a simple Motion. The Question will be put when you understand where we are. We are at the point where there is a proposed Motion. Those of you who may recall, in the course of last year, through the Statute Law (Miscellaneous Amendments) Bill No.18 of 2014, now an Act, you amended the Public Appointments (Parliamentary Approval) Act No.33 of 2011 in Section 13, to provide that the periods for appointments provided for under that Act may be extended.

No. No. No. 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.

Listen, Hon. Members. You may be saying no. The issue is that the period may be extended by a period of not more than another 14 days but---

No. No. No.

If many of you cared to listen, by now we would have resolved this matter. There is simple information that you must be alive to, which is that extension can only be through a resolution of the House.

Yes.

Now you are saying yes but you were saying no. Hon. Members, listen. The Motion by the Leader of the Majority Party has been moved. It has been seconded by Hon. Jamleck Kamau.

Put the Question.

One minute, Leader of the Minority Party.

Thank you, Hon. Speaker for giving me this chance to contribute to this very important Motion. Vetting is a very serious exercise. Ambassador Juma is very qualified and she was approved. Dr. Juma holds a PhD from the University of Oxford and a Certificate in Refugee Studies from the same university. Even when the Chairman of the Committee was contributing, he said that Dr. Juma was very qualified. She had all the papers. She had everything it takes to do a good job.

No. No. No.

Let us not turn this House into a kangaroo court. We should be seen as honourable House where the rule of law and belief in our Standing Orders carries the day. If the Vetting Committee saw that she was fit to serve, can we break the law because of non-issues? If the qualifications are anchored in law, why should we take--- We have to consider that Dr. Juma has worked in the United Nations (UN) and the African Union (AU), taught at Moi University, worked in the National Defence and done so much for this country. If she is very qualified, why should we punish her because she wrote a letter which I believe was a set-up? Dr. Juma is a recipient of 12 honours and awards, including awards from the World Bank, United Nations Development Programme (UNDP) ---

Order, Members! They say that there is no point of trying to extract blood from a rock.

Hon. Members, I will put the following two Questions in quick succession. So, listen carefully so that you know how to vote.

The first Question is that, pursuant to the provisions of Section 13 of the Public Appointments (Parliamentary Approval) Act, this House resolves to extend the period for 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.

consideration of the nominee for appointment as Secretary to the Cabinet by a further 10 days from 11th June, 2015.

Division! Division!

Hon. Members, resume your seats. I can see that many of you are excited. What is the excitement about? Given our main business for today, those rising in their places claiming for a division have the numbers. However, in exercise of my powers under Standing Order No.1, I order that the Division Bell be rung for only three minutes.

Order, Members! Resume your seats! Hon. Munuve, Hon. Duale and Hon. Cheboi, take your seats. Serjeants-At-Arms, draw the Bars.

Hon. Members, we are past all the things you are saying. Can every Member log out? Hon. Members, I have received indications that there are some Members who are in the habit of forgetting their cards. However, since you are present and this is a special day, I will allow you to vote manually. Those who do not have their cards can stand either to the right or to the left of the Speaker. Come forward.

Hon. Members, I need to proceed with this business. We have not started. There are several of you who have not logged out. The Hon. George Ogalo, Hon. Francis Kilonzo, Hon. George Theuri, Hon. Mary Emaase and Hon. Mutava Musyimi, remove your cards. Listen, Hon. Members. I give you 60 seconds to log in and not to vote.

Hon. Members, some of you are placing requests.

What is the problem? How can we transact business this way? Hon. Members, let me remind you of the Question.

No!

Hon. Members, you have 60 seconds from now to vote.

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.

Order, Members. The total number of Members present is shown on the screen as 210. Of those, it appears that there are some five Members who did not vote “Yes”, “No” or indicate an abstention.

Hon. Duale!

Hon. Members, these are the results. The “Ayes” have 52 electronic votes and three manual votes, totalling to 55 votes. There are three 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.

Abstentions. The “Nays” have 13 manual votes and 150 electronic votes, totalling to 163 votes. The “Nays” have it.

Hon. Members, as proposed, I now put the Question.

Hon. Members, those on their feet claiming for a Division do not reach the threshold. So, there is no Division.

Next Order!

Order Members!

On a point of order, Hon. Speaker.

Not on a matter that the House has already resolved. Hon. Members, before I make the next Communication, I want to invite the Chairperson of Budget and Appropriations Committee to make a short statement.

Much obliged, Hon. Speaker. I just want to take this opportunity to thank the hon. Members here in Plenary for the remarkable role that they played in the Budget making process.Thus far, I also want, through you, to thank them for their participation through the various committees. I also thank the committee chairpersons, the Parliamentary Budget Office for their advice and the National Treasury for their continued advice in all matters to do with finances.

This is a big day for us, as a people, and for the region. They say, as you probably know, that when a beehive is being made, you may think that the world is coming to an end. Democracy sometimes is just like making a beehive; at the end of the day there will be honey. I want to thank hon. Members for their participation. That has always not been easy but certainly, their contribution has been genuine.

With those few remarks, Hon. Speaker, I thank you too for your support. I also thank this honourable House.

Much obliged, Hon. Speaker.

Hon. Members, Standing Order No.25 (b)(ii) provides:-

“The Speaker may designate a suitable place in the Chamber for the purposes of admitting the Cabinet Secretary responsible for Finance to make a public pronouncement of the Budget Policy Highlights and 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.

Revenue Raising Measures for the national Government as contemplated under the Public Finance Management Act.”

Therefore, in accordance with the provisions of Standing Order No.25(c) which provides for the manner of presentation of Budget Speech and Standing Order No.241 as amended, I now call upon the Cabinet Secretary for the National Treasury, Mr. Henry Rotich to make a public pronouncement of the Budget Policy Highlights and Revenue Raising Measures for the national Government for the Financial Year 2015/2016.

I thank you, Hon. Members.

Hon. Speaker, it is once again my honour to present to this august House the Policy Highlights of the Third Budget of President Uhuru Kenyatta’s Administration for the Fiscal Year 2015/2016 in accordance with Section 40 of the Public Financial Management Act, 2012 and Standing Order No. 241 of the National Assembly.

Before I proceed, I wish to take this early opportunity to express my sincere appreciation to the Budget and Appropriations Committee of the National Assembly under the wise and very able leadership of Hon. Mutava Musyimi and other Departmental Committees of Parliament for the constructive engagement with my team and for steering the review of the 2015/2016 Budget Estimates.

Hon. Speaker, in the same vein, allow me also to register my utmost appreciation to all Kenyans who responded to my call for Budget submissions with very insightful suggestions on how to move our country forward. I would also like to thank all the hon. Members who actively participated in various Departmental Committees meetings to review the Budget Estimates.

Finally, my gratitude goes to the entire staff of the National Treasury who have worked many hours including weekends under the able leadership of the Principal Secretary, Dr. Kamau Thugge to put together the Budget documents.

Today, I am addressing Kenyans to inform them of the Government’s plan to strengthen our economy further following the gains we have made so far. We would have done much more were it not for the myriads of challenges we have encountered ranging from the terrorist events in Nairobi, Lamu, Mandera and recently in Garissa. We have also had to deal with drought, low tourism, unfavourable tea prices and a weak global economy.

However, I want to say to Kenyans that the economic strategies that the Government is currently pursuing are helping to deal with these headwinds. This can be demonstrated by the fact that our economy continues to be among the fastest growing in the region while preserving macroeconomic stability.

So, today, we are taking further steps to consolidate these gains within a framework of prudent management of public resources. That is why in this Budget we are continuing to allocate resources to areas such as infrastructure, agriculture, security, 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.

health, education, social protection and youth empowerment which will help to boost growth and create jobs.

Hon. Speaker, the resilience of the economy and creation of about 800,000 jobs last year is by no means an accident. We have significantly improved the business environment, rolled out the biggest infrastructure in Kenya’s history (the Standard Gauge Railway (SGR), completed key programmes in the roads and energy sector and brought down the cost of living. Kenyans are today paying less for their electricity and fuel.

The Jubilee Government’s economic agenda is working and things are getting better. The world has expressed growing confidence in Kenya’s economic future and Kenyans too share that optimism.

Therefore, this Budget is the extension of an existing solid economic plan to take Kenya to the next level. We plan to continue to implement our plan to complete the new railway in the shortest time possible, complete existing road projects, build new roads under the new approach known as annuity, modernise security operators to make Kenya safe and secure, support our farmers to protect their income, invest in the future by unleashing the potential of Kenyans and support devolution for effective service delivery. This way we will grow our economy, create jobs and reduce poverty.

Hon. Speaker, in framing this Budget, we have taken into account developments both at the global and local fronts. The world economy is projected to grow by 3.5 per cent and 3.8 per cent in 2015 and 2016 respectively up from 3.4 per cent in 2014 buoyed by the stronger growth in advanced economies mainly as a result of the lower oil prices. However, growth in emerging and developing countries remain subdued on account of weaker growth in some major oil exporters because of lower oil prices and diminished macro-economic space. In Sub-Saharan Africa, growth is projected to slow down to 4.5 per cent in 2015 from 5 per cent in 2014 largely due to lacklustre economic performance of Nigeria and South Africa. However, in 2016, the economy of the Sub-Saharan Region is expected to recover to 5.2 per cent due to the impact of low oil prices and investment in infrastructure.

On the domestic front, growth and employment prospects remains favourable. We have continued to implement prudent fiscal and monetary policies which have resulted in low inflation, steadily declining interest rates and broadly stable exchange rates and a sustainable public debt position.

Reflecting these efforts, the economy expanded by 5.3 per cent in 2014 supported by strong performance in most sectors of the economy which offset the contraction and the tourism sector.

The economy is expected to expand further by between 6.5 and 7 per cent in 2015, and to maintain the same pace over the medium-term bolstered by the lower oil prices, high public and private investment, increased consumer confidence and higher total factor productivity reflecting continued implementation of structural reforms and increased investment in health and education.

Hon. Speaker, in order to anchor our reform agenda and mitigate against shocks that could derail our development agenda, we have a precautionary Stand-by Arrangement and a Stand-by Credit Arrangement with the International Monetary Fund 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.

(IMF) for an amount US$688.3 million. We intend to draw on this facility only in the event of an exogenous, domestic or external shock.

Our economy remains strong and this momentum is gaining pace. We have invested heavily in improving the business environment, improving security, enhancing the quality of transport infrastructure and access to affordable energy, reducing dependence on rain-fed agriculture, improving the quality of healthcare and educational systems and facilitating devolution.

As a result, private sector activity is more dynamic and we are attracting more FDI flows. These efforts have contributed to higher growth experienced in recent years. We nevertheless recognise that challenges remain - challenges of high incidents of poverty and unemployment, frequent droughts and other weather-related shocks, low agricultural and industrial productivity, insecurity in some parts of the country and fiscal inefficiencies and corruption. Going forward, we must all arise and summon our collective will and commit to tackle these challenges so as to unlock the full potential of our economy and achieve prosperity for all Kenyans. Through this Budget, therefore, we are continuing to focus on implementing the six thematic areas critical to not only addressing the challenges I have just mentioned, but also driving our economy up the value chain to become a regional manufacturing hub on its way to achieving upper middle income status. Accordingly, the Financial Year 2015/16 Budget will: First, prioritise addressing the security challenge which is critical to creating a friendly business environment for our private sector. This will be complimented by continued macro-economic stability and continued efforts to reduce the cost of doing business so as to unleash the efficiency gains necessary for achieving prosperity for all; Second, we are committing more resources towards infrastructure development and adopting innovative ways to hasten delivery of better roads and other infrastructure necessary for reducing the cost of business and promoting competitiveness and the productivity of our economy; Third, we are putting in place measures to drive agricultural and industrial transformation so as to build resilience in our economy, ensure food security and lower food prices, increase quality and diversification of exports, accelerate inclusive growth, create jobs and reduce poverty; Fourth, we are also opening up opportunities to tap the latent talents and entrepreneurial capabilities of our youth, women and persons with disabilities so as to enable them actively participate in our economic transformation agenda; Fifth, we will continue to scale up resources and underpin reforms to enhance the quality of our education and healthcare systems with a view to building a healthy and productive human resource base that we need for driving economic growth while at the same time ensuring adequate social safety nets for our vulnerable communities; and, Sixth, with devolution now taking root, the National Government commits through this Budget to work very closely with the county governments and to facilitate them to build the capacity to better deliver services and development at the grassroots level. Hon. Speaker, with this background, the rest of my Speech will elaborate various measures we are introducing under each of the six strategic areas. Thereafter, I will share 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.

the fiscal outcomes for Fiscal Year 2014/15 and the fiscal forecasts for 2015/16 as well as outline the tax and other policy measures we are proposing to support growth of private sector and employment creation.

Hon. Members, it is time to adjourn the business of the House. The House stands adjourned until Tuesday, 16th June 2015 at 2.30 p.m.

The House rose at 5.50 p.m.

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.