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  • Sitting : National Assembly : 2018 02 14 09 30 00
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  • Page 1 of Wednesday, 14th February 2018 at 9.30 a.m.
  • NATIONAL ASSEMBLY

  • OFFICIAL REPORT

  • Wednesday, 14th February 2018
  • The House met at 9.30 a.m.
  • [The Deputy Speaker (Hon. Cheboi) in the Chair]
  • PRAYERS

  • Hon. Deputy Speaker

    It is the first Wednesday of this Session which is something that Members must actually be congratulated for. So, let us proceed with business. Is that from the Leader of the Majority Party or the Majority Whip?

  • Benjamin Jomo Washiali

    No, it is on behalf of the Leader of Majority Party.

  • PAPERS LAID

  • Hon. Speaker, I beg to lay the following Papers on the Table of the House: Commission on Revenue Allocation Recommendations on the Basis for Equitable Sharing of Revenue Between the National and County Governments for the Financial Year 2018/2019. The Capital Markets (Securities, Lending, Borrowing and Short-Selling) Regulations, 2017 and the Explanatory Memorandum (pursuant to Section 12 of the Capital Markets Act) The National Construction Authority (Amendment) Regulations, 2017 and the Explanatory Memorandum (pursuant to Section 42 of the National Construction Authority Act, 2011.) Report of the Board of the National Government Constituencies Development Fund on Project Proposals Approvals, Disbursement Status and Restrictions imposed on Constituency Account for the Second Quarter of 2017/18 Financial Year for the period 1st October to 31st December, 2017. Annual Report and Financial Statements in respect of the following institutions for the Financial Year 2016/2017: (i) Laikipia University; (ii) South Eastern Kenya University; (iii) Privatization Commission; (iv) National Communications Secretariat; (v) Ethics and Anti-Corruption Commission; (vi) Kenya Civil Aviation Authority; (vii) East African Portland Cement Company Limited, and (viii) Laikipia University; The Reports of the Auditor-General on the Financial Statements in respect of the following Constituencies for the year ended 30th June, 2016 and the certificates therein: (i) Kipkelion East Constituency; 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.
  • Page 2 of Wednesday, 14th February 2018 at 9.30 a.m.
  • (ii) Emurua Dikirr Constituency; (iii) Lagdera Constituency; (iv) Dadaab Constituency; (v) Balambala Constituency; (vi) Gilgil Constituency; (vii) Tiaty Constituency; (viii) Embakasi West Constituency; (ix) Nakuru Town West Constituency; and (x) Garissa Township Constituency.
  • Hon. Deputy Speaker

    Okay, next Order.

  • PROCEDURAL MOTION

  • LIMITATION OF DEBATE ON BILLS SPONSORED BY PARTIES OR COMMITTEES

  • Benjamin Jomo Washiali

    I beg to move the following Procedural Motion: THAT, notwithstanding the provisions of Standing Order 97(4), this House orders that each speech in a debate on Bills sponsored by a Committee, the Leader of the Majority Party or the Leader of the Minority Party be limited as follows:- A maximum of forty five (45) minutes for the Mover, in moving and fifteen minutes (15) in replying, a maximum of thirty (30) minutes for the Chairperson of the relevant Committee (if the Bill is not sponsored by the relevant Committee), and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen Minutes (15) each (if the Bill is not sponsored by either of them); and that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order. Thank you, Hon. Deputy Speaker. On behalf of the Leader of the Majority Party, I would like to move Procedural Motion No.9. However, before I do that, I wanted to make a general statement so that Members who may not be aware know. Those of you who have Order Papers, the Motions from No.9 to No.15 are actually meant to be setting rules for this Session. This being the Second Session of this Parliament, it is important that from the beginning of the Session, we set House rules which are actually made by these Procedural Motions. You will see Standing Order No. 97(4) being repeated in all these Procedural Motions. Given that we are 349 actually, it has become important for us to reduce the timing so that we can give every Member an opportunity to contribute. We have Bills sponsored by Committees and those not sponsored by Committees. We also have Motions including Adjournment Motions, Reports of Committees, Address by the President and Sessional Papers which will come before us for debate. We have these Procedural Motions to enable us allocate time to every Member who wants to debate in the House. Hon. Deputy Speaker, if you allow me, I wanted to advise Members that this does not stop any Member from rising in his position and adjusting time whenever there is a business that requires more or less time. Hon. Deputy Speaker, I had given some… 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.

  • Page 3 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Hon. Deputy Speaker

    I hope you are not going to speak much now, because in your opening remarks and that is why I allowed you, I wanted you to make it clear to Members. Really, it is now fairly straight forward. You do not really need to give justifications. You already did it in advance. So, please, let us be brief.

  • Benjamin Jomo Washiali

    Hon. Deputy Speaker, I have taken note of that. Thanks for the guidance. I therefore ask Hon. (Dr.) Pukose to second.

  • Robert Pukose

    Thank you, Hon. Deputy Speaker. This is a Procedural Motion and I second. Just to add to what the Majority Whip said, in Procedural Motions like these, after the Motion is moved and seconded, any Member has a right to request for reduction of time because in most cases you have many Members wishing to contribute to debate/. So you can ask for reduction of time and the Deputy Speaker will seek the consensus of the House. Thank you, Hon. Deputy Speaker for allowing me to second this Motion.

  • Hon. Deputy Speaker

    As you have just seconded, and for Members to be clear, when you want to make that kind of a Motion, it should be at the beginning and not somewhere halfway through. It is important because that is what the Standing Order says.

  • (Question proposed)
  • Hon. Members

    Put the Question!

  • Hon. Deputy Speaker

    But I see many Members who want to say something.

  • Hon. Members

    No, put the Question.

  • Hon. Deputy Speaker

    Is that the feeling of the House?

  • Hon. Members

    Yes.

  • (Question put and agreed to)
  • PROCEDURAL MOTION

  • LIMITATION OF DEBATE ON INDIVIDUAL MEMBERS’ BILLS

  • Benjamin Jomo Washiali

    I beg to move the following Procedural Motion:

  • Benjamin Jomo Washiali

    THAT, notwithstanding the provisions of Standing Order 97(4), this House orders that each speech in a debate on Bills NOT sponsored by a Committee, the Leader of the Majority Party or the Leader of the Minority Party be limited as follows:- A maximum of three hours and thirty minutes, with not more than thirty (30) minutes for the Mover, in moving and ten (10) minutes in replying, a maximum of thirty (30) minutes for the Chairperson of the relevant Committee and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen Minutes (15) each; and that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order. Hon. Deputy Speaker, I had made a general observation and explanation which I think still applies to this… 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.

  • Page 4 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Hon. Deputy Speaker

    Majority Whip, so that Members can differentiate, you will have to tell them that the first one, for example, was for debate on Bills sponsored by the parties or committees and then what this second one is about so that it becomes easier.

  • Benjamin Jomo Washiali

    Correct. Hon. Deputy Speaker, any Member who was keen must have heard while I was reading this that these are Bills not sponsored by a Committee. I think, I would like to be sensitive to all sides of the House and I want to request Hon. Chris Wamalwa to second this Motion.

  • Hon. Deputy Speaker

    Okay, Hon. Dr. Wamalwa.

  • Chrisantus Wamalwa Wakhungu

    Thank you, Hon. Deputy Speaker. As the able Mover has just mentioned, this is Procedural Motion and it is focusing particularly on debates of individual Members’ Bills. I also want to highlight that when you talk of individual, these are Private Members’ Bills and most of the times they come on a Wednesday. So, on a day like this, morning hours, it is normally reserved for private Members. This is important particularly for the new Members then maybe, in the afternoon, other businesses can follow. So, the limitations that have been put here are just the dos and don’ts. Hon. Deputy Speaker, I stand here to second. I can see Hon. Members in red. I want to wish them a happy Valentine’s Day, and for the Christians like me, I want to also wish them a blessed Ash Wednesday. For Christians, we are not celebrating Valentine’s Day. Today particularly is a day for reconciliation, it is a day for fasting and praying. And you are supposed to abstain from those other things. So, Hon. Deputy Speaker, without much ado, I wish them a blessed Ash Wednesday. This is the beginning of Lent; a time we pray for 40 days as we prepare for the Easter Holiday. This country needs much reconciliation, particularly at this time when it is so divided. This season should foster a good and peaceful environment in this House so that we can move together as a country and as a team. I thank you and second.

  • Hon. Deputy Speaker

    Whereas I could see the male Members nodding in applause, the Minority Whip added the issue of reconciliation, which is not very specific to the one of the Ash Wednesday – which is mostly about fasting and praying, but reconciliation is always part of it.

  • (Question proposed)
  • Robert Pukose

    Put the Question.

  • Hon. Deputy Speaker

    Is that the feeling of the House?

  • Hon. Members

    Yes!

  • Hon. Deputy Speaker

    I see there are many feeling this Ash Wednesday.

  • (Question put and agreed to)
  • Hon. Deputy Speaker

    Next Order.

  • PROCEDURAL MOTION

  • LIMITATION OF DEBATE ON MOTIONS

  • Benjamin Jomo Washiali

    Hon. Deputy Speaker, I beg to move the following Procedural Motion: 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.

  • Page 5 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Benjamin Jomo Washiali

    THAT, notwithstanding the provisions of Standing Order 97(4), this House orders that each speech in a debate on any Motion, including a Special Motion, be limited in the following manner: A maximum of three hours with not more than twenty (20) minutes for the Mover and ten (10) minutes for each other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each, and that ten (10)minutes before the expiry of the time, the Mover shall be called upon to reply; and that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order.

  • Benjamin Jomo Washiali

    Hon. Deputy Speaker, just like the previous Procedural Motions, this one will be touching on Motions which include the Adjournment Motions that Members always request the House to give them an opportunity to move. The guidelines are clear and without wasting much time, I request Hon. Kigano Muturi to second.

  • Hon. Deputy Speaker

    That is a senior Member. Hon. Kigano, let us hear you.

  • Clement Muturi Kigano

    I rise to second this very important Procedural Motion. Hon. Deputy Speaker, I want to assure you that on this side of the House, particularly on my own behalf, we also offer felicitations for the Ash Wednesday and Valentine’s Day. We share what Hon. (Dr.) Wamalwa said. Since he confesses to be a Christian and every Christian is called to be a priest in his own right, we expect him to preach peace, reconciliation and not contention all the time. Let him preach peace to the Hon. Leader of the Minority Party and his side of the House, especially during these 40 days of Ash. Let him preach peace to the heads of the coalition on his side. Thank you very much.

  • Hon. Deputy Speaker

    You did not second.

  • Clement Muturi Kigano

    I seconded. I rise to second the Procedural Motion on Limitation of Debate on Motions.

  • Hon. Deputy Speaker

    That is better. Hon. Kigano, you are a seasoned Member of Parliament and at that age you should never forget. I know you could have easily been carried away with the issues of love in the air and the reconciliation, but all the same you have seconded.

  • (Question proposed)
  • Hon. Deputy Speaker

    Members are in much hurry to put the Question this morning. What I am not so sure is whether it is because of the Ash Wednesday or because of the Valentine’s Day. On this particular one, I will give one Member who is dressed in an ash manner and one who is dressed in the Valentine manner. So, let us have Hon. (Dr.) Nyikal. That must be ash really.

  • James Nyikal

    Thank you, Hon. Deputy Speaker. Let me start by wishing all the Members a happy Valentines’ Day. The Ash Wednesday is taken for granted. Valentine’s Day needs a bit of effort. Hon. Deputy Speaker, I rise to support this Procedural Motion, but it is important because these Motions take most of Wednesday mornings when Members bring up a lot of Motions. I am concerned that for the time I have been here, I have seen most of these Motions passed, but they have never been implemented and yet Members put in so much time. Therefore, I urge the leadership of the House, the House Business Committee and the Committee on Implementation; that, as a House, we should ensure that Motions that are passed 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.

  • Page 6 of Wednesday, 14th February 2018 at 9.30 a.m.
  • James Nyikal

    by this House are implemented. Many times, Members urge the Government to work on issues. However, when those in the Government are just urged, they do not take action. We should now move into ways of resolving those challenges. The Government should do something about it; it should follow up on these issues. I remember two important Motions; one said that every constituency should have two kilometres of road tarmacked, but that resolution has not been implemented. The other one urged the Government to ensure that every school has water for children’s use. That one has also not been implemented. That is something we need to look into so that Wednesday mornings are not wasted on talking, urging and passing Motions yet nothing gets done. As you are aware today is a combination of Valentine’s Day and Ash Wednesday. Therefore, we should put more meaning in our discussions.

  • James Nyikal

    Hon. Speaker, I support.

  • Hon. Deputy Speaker

    Hon. Jayne Kihara, do you want to say something?

  • Jayne Njeri Kihara

    Thank you, Hon. Deputy Speaker. You have caught me unawares because Hon. Sankok was having a very important discussion with me.

  • (Laughter)
  • Hon. Deputy Speaker

    Hon. Sankok, you are definitely out of order.

  • Jayne Njeri Kihara

    Hon. Deputy Speaker, I do not know whether I am to second or not. I would like to wish Hon. Members a happy Valentine’s Day. As you can see, I am dressed in red because I recognise this day as one in which we are supposed to be friends, mend fences and work as a team. We were all elected by our people to come here to represent them and when we fight in this House we seem not to honour the electorate who put us in office.

  • Jayne Njeri Kihara

    Thank you, Hon. Deputy Speaker, I beg to support.

  • (Question put and agreed to)
  • PROCEDURAL MOTION

  • LIMITATION OF DEBATE ON REPORT OF A COMMITTEE

  • Hon. Deputy Speaker

    Hon. Washiali Jomo.

  • Benjamin Jomo Washiali

    Hon. Deputy Speaker, I beg to move the following Procedural Motion:

  • Benjamin Jomo Washiali

    THAT, notwithstanding the provisions of Standing Order 97(4), this House orders that each speech in a debate on a Report of a Committee, including a Report of a Joint Committee of the Houses of Parliament or any other Report submitted to the House, be limited as follows:- A maximum of sixty (60) minutes for the Mover in moving and thirty (30) minutes in replying, and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each; and that priority be accorded to the Leader of the Majority Party.

  • Benjamin Jomo Washiali

    Again, this is another Procedural Motion, which I request Members to support. A duration of 10 minutes will be the limitation of time for Members debating Reports of Committees. I am sure we have quite a number of Reports and I know some of them will be brought during the afternoon session. It is, therefore, important for Members to remember this 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.

  • Page 7 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Benjamin Jomo Washiali

    time limitation so that they do not talk forever. We must put this in place so that we can accord as many members as possible an opportunity to debate any given Report.

  • Benjamin Jomo Washiali

    I move and request Hon. (Dr.) Rachael Nyamai to second.

  • Hon. Deputy Speaker

    Hon. Kaki Nyamai.

  • Rachael Kaki Nyamai

    Thank you, Hon. Deputy Speaker for making reference to my name “Kaki”.The people of Kitui South call me by that name and I like to be associated with it. As I second this Procedural Motion let me say that the people of Kitui South are very excited. I have already seen their nice photographs which they have taken on the tarmac road and they are dressed in red. I am talking about the 147 kilometers tarmac, which is the first one to be seen in Kitui South. As we celebrate Valentine’s Day we are also celebrating the appearance of the first “Road in Black”. Children have been travelling from 60 kilometers away just to see how a tarmac road looks like. Therefore, I dedicate this day to the people of Kitui South, the President and Deputy President of Kenya for giving Kitui South a good gift on Valentine’s Day. My brother, Hon. Chris Wamalwa, has just left the Chamber but when I met him outside he was dressed in a way to suggest that he was more of Valentine’s Day and less of the Ash Wednesday. However, I would like to thank him for the statements he made.

  • Hon. Deputy Speaker

    I do not want you to discuss your colleague without a substantive Motion. Are you suggesting that he is a nomad in his character?

  • (Laughter)
  • Hon. Deputy Speaker

    Proceed!

  • Rachael Kaki Nyamai

    Hon. Deputy Speaker, I second this important Procedural Motion. Work in this House happens in committees and a lot of time has been given to debate on reports of committees, with 60 minutes being given to the Mover. Most of the reports on petitions and bills brought here by chairpersons of committees are heavy. Therefore, allocating 30 minutes to the Mover to reply is quite adequate and shows that most business of this House happens in committees.

  • Rachael Kaki Nyamai

    Thank you, Hon. Deputy Speaker. I second.

  • Hon. Deputy Speaker

    Hon. Members I want to make it clear to you that the first Procedural Motion was Limitation of Debate on Bills being sponsored by parties or committees. The second one was on limitation of debate on individual Members’ Bills, which is done on Wednesdays. The third one was on limitation of debate on Motions and now we are on limitation of debate on reports of committees.

  • (Question proposed)
  • Hon. Members

    Put the Question!

  • Hon. Deputy Speaker

    Is that the mood of the House?

  • Hon. Members

    Yes.

  • Hon. Deputy Speaker

    Okay. You know I have to look at the Leader of the Minority Party just in case he wants to say something. You may have realized that these Procedural Motions give priority to the Leader of the Majority Party and the Leader of the Minority Party.

  • (Question put and agreed to)
  • 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.

  • Page 8 of Wednesday, 14th February 2018 at 9.30 a.m.
  • PROCEDURAL MOTIONS

  • LIMITATION OF DEBATE ON MOTION ON THE ADDRESS BY THE PRESIDENT

  • Benjamin Jomo Washiali

    Hon. Deputy Speaker, I beg to move the following Procedural Motion:

  • Benjamin Jomo Washiali

    THAT, notwithstanding the provisions of Standing Order 97(4) and in furtherance to the provisions of Standing Order 24 (6), this House orders that debate on the Motion on the Address by the President be limited to no more than five (5) minutes for each Member Speaking, thirty (30) minutes for the Mover in moving and replying and twenty (20) minutes for the Leader of Minority Party.

  • Benjamin Jomo Washiali

    Again, this is a Procedural Motion just like the other ones. Like I had said in the opening remarks, this does not stop any member from rising from his position and adjusting the Motion depending on the interest the Motion will have. Therefore, to save this House’s valuable time, I move and request the Leader of the Minority Party to second.

  • Hon. Deputy Speaker

    Let us have Hon. Mbadi, the Leader of the Minority Party.

  • John Mbadi Ng'ong'o

    Thank you very much, Hon. Deputy Speaker. You will indulge me just one minute. Yesterday, I think we started not on a very good note. So, I did not take time to welcome back my colleagues after a long recess and New Year 2018, which we have never had. We have never debated in 2018. Yesterday was the first day. Unfortunately, we started at a point where we were complaining and trying to flex muscles with our colleagues. All in all, I want to say that I am happy that we are all back. There are a few of our colleagues who are unwell. I know there are a few of our colleagues who are out of the country for treatment. We wish them good luck; that they get medication and come back soon, even without mentioning names. I really do not want to talk about today because I do not subscribe to either the Valentine’s Day or the Ash Wednesday. I am a Christian but my faith is, probably, slightly different on the Ash Wednesday. I respect our brothers and sisters who profess that faith. On the issue before us, I just want to second this Procedural Motion. The Constitution requires that the President will be addressing the nation as and when necessary or when the President requests. I do not want to go into the details of discussing about the Presidency and the Executive. You know we have issues in this country which I hope will be resolved soon. This is about the fundamentals of the law – that, a country will have a president and the president will address the country and when the country is addressed then we need, as a House, to take our time and discuss that. So, this is limiting the debate on the Address by the President. Hon. Deputy Speaker, just allow me to say one word before I sit down. This is a Procedural Motion. We do not need to take much time debating it. I plead to the membership of this 12th Parliament. I am not indicting this 12th Parliament. I think it is something that we observed even from the 11th Parliament – that you really do not have to contribute to every order that is before the House or every item, whether a Motion or a Bill, that is before the House if you are not prepared for it. I would rather see a few of us take a bit of time to contribute either to Bills or Motions and the rest of us may just support. However, the debate should be qualitative so that the people of Kenya understand what is contained in the Bills or Motions before the House. There is a tendency by some of us to just want to speak so many times. There is this organisation that has been running reports on how MPs contribute without even looking at the quality of that debate and saying Mbadi has contributed 1,000 times while 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.

  • Page 9 of Wednesday, 14th February 2018 at 9.30 a.m.
  • John Mbadi Ng'ong'o

    so-and-so has only contributed six times without really interrogating what Mbadi said during the 1,000 times that I stood to speak. To me, it would be of value to the people of Kenya, the taxpayers and to this House if we just have a few individuals who are well informed and who take their time to read the Bills and understand them and make their contribution so that all of us who, probably, did not have time or, for whatever reason, were not able to read the Bill would also understand what we have passed. If tomorrow you are asked questions about some of the laws that you have passed and you have no clue, it makes you look very bad. I remember one of us who is now a governor, Hon. Ottichilo, the Governor for Vihiga stood to speak on matters of science, space and such like things and you would really admire him and wonder why we cannot have just him alone address such a Bill as opposed to all of us wanting to say something. That was just my request because I see people really struggling at times to the extent that we end up limiting time even for those who have more information to give to this House and to the people of Kenya. With those many remarks, allow me to second the Motion.

  • Hon. Deputy Speaker

    I really want to emphasise what Hon. Mbadi, the Leader of the Minority Party, has just stated. In this House, I believe we have a lot of Members who specialised in various fields. Let us speak to those areas we have a lot of knowledge in. That will help the House in making decisions as well as imparting information to the country.

  • (Question proposed)
  • Hon. Members

    Put the Question!

  • (Question put and agreed to)
  • LIMITATION OF DEBATE ON SESSIONAL PAPERS

  • Hon. Deputy Speaker

    Hon. Jomo Washiali.

  • Benjamin Jomo Washiali

    Hon. Deputy Speaker, I beg to move the following Procedural Motion:

  • Benjamin Jomo Washiali

    THAT, notwithstanding the provisions of Standing Order 97(4), this House orders that each speech in a debate on any Sessional Paper shall be limited as follows: A maximum of sixty (60) minutes, with not more than ten (10) minutes for the Mover in moving and five (5) minutes for any other Member speaking, including the Leader of the Majority Party and the Leader of the Minority Party and that five (5) minutes before the expiry of the time, the Mover shall be called upon to reply; and further that priority in speaking shall be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

  • Benjamin Jomo Washiali

    Again, just like the other Procedural Motions, this addresses the debate on Sessional Papers. From the experience we have had as the leadership, this is one of the businesses that has attracted least interest of members. I wish to state that the Sessional Papers are very important papers that we need to look at. Whenever we move the Motions, I urge members to look at the Sessional Papers so that we do not just pass laws that will affect us in the latter days.

  • Benjamin Jomo Washiali

    I thank the Members who have been seconding. For your information, we have chosen the Members who are seconding carefully. If you remember, the Motion on Address by the President was seconded by Hon. Mbadi. We had a good reason why we wanted Hon. Mbadi to 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.

  • Page 10 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Benjamin Jomo Washiali

    second that Motion because lately he has been a bit reluctant in attending the Address of the President. Therefore, by him seconding, I think that makes him change his position. We want to see him participate in the future Address by the President.

  • Hon. Deputy Speaker

    I think you are eliciting unnecessary excitement, Hon. Washiali. I believe that when you allowed the Leader of the Minority Party to second, you did so in good faith. I did not expect that you were trying to have him commit himself in one way or the other. That would not be in good order for Members. When you give him an opportunity to second, he is just supposed to do so. It has nothing to do with those issues you are trying to raise. This is a constitutional matter and it should end there. What is it, Hon. Mbadi?

  • Benjamin Jomo Washiali

    Hon. Deputy Speaker, I am moving the Motion. I have not finished.

  • Hon. Deputy Speaker

    He is on a point of order.

  • John Mbadi Ng'ong'o

    Hon. Deputy Speaker, the Chief Whip of the Majority Party is completely out of order. When you allow a Member to second a Motion, it should be any Member and it should not be in a way to try and fix anyone in any way. By the way, the Motion is very clear. It talks about the Address by the President. It does not mention a name. It can be John Mbadi as the President. I will be addressing this House. Let Hon. Washiali know that my position has not changed. It is still the same. I do not have to repeat it. I do not want to talk about it after I expressed myself.

  • Hon. Deputy Speaker

    Hon. Mbadi, I think you have made it clear. The Chief Whip of the Majority Party, let us restrict ourselves to this so that we do not elicit unnecessary issues this Ash Wednesday.

  • Benjamin Jomo Washiali

    Thank you, Hon. Deputy Speaker. Hon. Mbadi is my very good friend. I just want to reaffirm my position as a good friend and my loyalty to him as the Leader of the Minority Party. I would like to add that this was done in good faith. I did not have anything else on the side because I am just moving a Procedural Motion. That said and done, I want to request the nominated Member, Hon. Sankok to second.

  • Hon. Deputy Speaker

    Hon. Sankok, I just want to remind you that this Order is on sessional papers.

  • (Laughter)
  • David Ole Sankok

    Thank you very much, Hon. Deputy Speaker for reminding me. Of course, I know. I do not subscribe to Ash Wednesday but I want to wish all the Members of this House and the public a happy Valentine’s Day. It is a very important day for us. We dedicate this Valentine’s Day to love our country. As I second this Motion, I also wish that the security personnel of our Members is reinstated. Yesterday, while they spoke, they seemed to be really shaken. We can understand why they are shaken because they come from a coalition where the principal was threatened by an avocado fruit. They had all the reason to be shaken. We need to limit the debate on Motions on sessional papers. The membership of this House has been expanding since 1963. We had a few Members in 1963 but now we have a membership of more than 300 Members meaning that we really need to…

  • Hon. Deputy Speaker

    What is it, Hon. Osotsi? How is your name pronounced? Is it Osotsi or Ototsi? 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.

  • Page 11 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Godfrey Osotsi

    It is Osotsi. Hon. Deputy Speaker, is it in order for Hon. Sankok to say that our principal was threatened by an avocado? Hon. Sankok is used to making some wild allegations and we will ask him to substantiate his remarks.

  • Hon. Deputy Speaker

    That makes the two of you. Hon. Sankok, I asked you to restrict yourself to the Motion on sessional papers then you proceeded to bring in avocados and other fruits.

  • (Laughter)
  • David Ole Sankok

    Let me withdraw my sentiments. I apologise. Probably he was sorted by the wife. I withdraw and apologise for that. We need a productive discussion so I rise to support and second the Motion on limitation of debate on sessional papers.

  • (Question proposed)
  • (Question put and agreed to)
  • LIMITATION OF DEBATE ON ADJOURNMENT MOTIONS

  • Benjamin Jomo Washiali

    On behalf of the Leader of the Majority Party, I beg to move the following Procedural Motion:

  • Benjamin Jomo Washiali

    THAT, notwithstanding the provisions of Standing Order 97(4), this House orders that the debate on any Motion for the Adjournment of the House to a day other than the next normal Sitting Day in accordance with the Calendar of the Assembly, be limited to a maximum of three (3) hours with not more than five (5) minutes for each Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of ten (10) minutes each; and that priority be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order provided that, when the period of recess proposed by any such motion does not exceed ten (10) days, the debate shall be limited to a maximum of thirty minutes (30), and shall be strictly confined to the question of the adjournment. Again, this is just another Procedural Motion just like the previous ones. I know quite a number of Members participated in Adjournment Motions that we had in the previous Session. That means that I should not take our precious time in trying to explain what Adjournment Motion is about. I beg to move and ask Hon. (Ms.) Elsie Muhanda, the Member of Parliament for Kakamega County to second.

  • Hon. Deputy Speaker

    Let us have Hon. (Ms.) Muhanda. I understand why the Chief Whip of the Majority Party noticed you on a Wednesday. Proceed.

  • (Laughter)
  • The Woman Representative for Kakamega County (

    Hon. (Ms

  • .)

  • Elsie Busihile Muhanda
  • ):

  • Hon. Deputy Speaker, I stand here to second this Motion which is very critical, particularly at a time when we have the current state of affairs. We shall have more of 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.
  • Page 12 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Motions to promote peace, unity and cohesion in this country. I will also take this opportunity to make my maiden speech because I have never spoken here. Thank you, Majority Whip, for choosing me because at least I can take this opportunity to thank the people of Kakamega County for electing me as the county Member of Parliament. I urge all the leaders in Kakamega County to work together. We are proud to have the Majority Chief Whip from my county. Let us work together for the betterment of Kakamega County.
  • Hon. Deputy Speaker, I second this Motion. Thank you.
  • (Question proposed)
  • Hon. Deputy Speaker

    What is it, Hon. Lentoimaga? You have placed your card at the intervention slot for quite some time.

  • Alois Musa Lentoimaga

    Thank you so much, Hon. Deputy Speaker. First of all, I want to wish you and all the Members who are here a Happy New Year.

  • Hon. Deputy Speaker

    Hon. Lentoimaga, that cannot be correct because we have met many times. Anyway proceed.

  • Alois Musa Lentoimaga

    Hon. Deputy Speaker, we have met but not in the Chamber. This is the first time you have given me an opportunity to talk here. That is why I want to express that happiness.

  • Alois Musa Lentoimaga

    I do not subscribe to Valentine but I am a staunch Catholic. As other Members have said, I recognise and believe in the Ash Wednesday. This is a very important day for Catholics. It is the time we repent for 40 days just like Jesus Christ went to the wilderness for 40 days. During Easter Sunday, we believe that Christ will rise and forgive our sins.

  • Alois Musa Lentoimaga

    That notwithstanding, I want to support this Motion. I want to say that this House is great. It has to make its own calendar, especially during this new Session. We need to work together as leaders. This is a new year even though we have different opinions. We want to reach out to our friends because elections and campaigns are over. We want to work hard now to ensure that we fulfil our pledges for this particular year which we promised Kenyans when we went out to campaign.

  • Alois Musa Lentoimaga

    Lastly, I am really worried about the state of security in Samburu North, Samburu County Marakwet and Isiolo. As the chairman of pastoralist parliamentary group, I want leaders to work together and ensure that peace prevails, especially at this particular time when we have drought. Anytime there is drought, there is competition for resources such as pasture and water. So, we want to appeal to our Members in pastoralist parliamentary group to ensure that we do not fight. We should ensure that we work together because no particular leader in any area, even in northern Kenya, can tell his people to go and raid. We want to work together to ensure that we pacify this tension in areas that are affected by cattle rustling.

  • Alois Musa Lentoimaga

    Thank you so much. I support the Motion.

  • Hon. Deputy Speaker

    To balance the House, I will give the opportunity to Hon. Adagala, Member for Vihiga. If she is not interested, I will give the opportunity to Hon. Ochieng Awour. Are you interested Member for Vihiga? I am trying to locate you. You have the microphone now.

  • Beatrice Kahai Adagala

    Thank you, Hon. Deputy Speaker. I stand here as a privilege. Thank you for giving me this time to say something concerning this Motion. I want to say that people are happy. This peace should prevail. Even the mood in the House shows that people are actually in love. This is the mood that we should always have in this House. I want to tell 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.

  • Page 13 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Beatrice Kahai Adagala

    Members who love Valentine to continue in that mood. The Catholics should also continue in that mood. If it continues, I know we will live harmoniously in this country and House.

  • Beatrice Kahai Adagala

    I stand to also add my voice to this Motion. I support it. Thank you.

  • (Question put and agreed to)
  • Hon. Deputy Speaker

    The Majority Whip

  • MOTION

  • EXTENSION OF THE PERIOD FOR CONSIDERATION OF NOMINEES TO VARIOUS STATE AND PUBLIC OFFICES

  • Benjamin Jomo Washiali

    Hon. Deputy Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Section 13 of the Public Appointments (Parliamentary Approval) Act relating to extension of period for consideration of nominees for appointment to State and Public Offices, this House resolves to extend the period for consideration of the nominees submitted by the President for appointment to the offices of Principal Secretaries, High Commissioners and Ambassadors by a further period of 14 days from 14th February 2018.

  • Benjamin Jomo Washiali

    This Motion is very important to us because today is 14th and the date for consideration of nominees will expire today. A number of nominees have not even reached the committee levels. Many committees have not vetted these Principal Secretaries. This Motion is very important. I want to urge colleagues to support it, so that we can extend this period by another 14 days. This will give committees opportunities to vet these officers. Hon. Deputy Speaker, as we extend the period, we also urge the Committees to be vigilant because a period of 14 days is not long. If we take longer than the 14 days, we will need to come back to this House to further extend the period. As the leadership of Parliament, we shall be reluctant to do that because there is vetting and report writing, which we may need to seek leave from the Speaker to retreat and write a report. That takes time because some of the issues raised by the candidates require a lot of time to look at so that we can have credible officials hired to these positions.

  • Benjamin Jomo Washiali

    This is a very important Motion without which we will not get the opportunity to vet the people who have been nominated.

  • [The Deputy Speaker (Hon. Cheboi) left the Chair]
  • [The Temporary Deputy Speaker (Hon. Mariru) took the Chair]
  • Benjamin Jomo Washiali

    I beg to move and ask my good brother, Hon. Murungaru to second. Thank you.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Hon. Murungaru. 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.

  • Page 14 of Wednesday, 14th February 2018 at 9.30 a.m.
  • George Gitonga Murugara

    Thank you, Hon. Temporary Deputy Speaker. My correct name is Gitonga Murugara, MP Tharaka.

  • George Gitonga Murugara

    I rise to second the Motion. It is a crucial Motion that touches on both the Executive and Parliament. The Motion seeks to have the time limited by the statute, that ends today extended by 14 days to enable the Chief Executive of the country to deliver to Parliament the names of the appointees to be vetted and approved. It is important that this House considers those names; it is important that this House prepares a report in accordance with its mandate; and it is important that that list is approved so that the appointments are effected. It is also very important that the Government is put in place because, as Members of Parliament, we require these Government officers in offices so that we can visit and consult them and do all that relates to those offices regarding our various constituencies. It is important that I speak for my constituency, Tharaka. There is drought in the constituency. I speak to the Cabinet Secretary for Devolution and the Principal Secretary who were appointed that there is a shortage of water as rivers are drying up because of the drought. We need to consult the Government regarding that. There is insecurity because of cattle rustling and banditry activities. It is vital that the Government is in place and these issues are tackled. Therefore, this is a crucial Motion. Another 14 days will ensure that we vet the appointees and submit a report so that they are appointed by the Chief Executive of the country and get to work.

  • George Gitonga Murugara

    I, therefore, second this Motion.

  • (Question proposed)
  • Hon. Member

    Put the Question.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Is that the mood of the House?

  • Samuel Onunga Atandi

    On a point of order, Hon. Temporary Deputy Speaker.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Let me give this chance to Hon. Atandi who is on an intervention.

  • Samuel Onunga Atandi

    Thank you, Hon. Temporary Deputy Speaker. I want to make a point on this Motion. You know that as a coalition, we will not participate in the vetting exercise of State officers. I rise to oppose this Motion because, in my view, what has been happening during the vetting, based on my observation, is not vetting. It is basically validating orders from above. Therefore, it is rubber- stamping. In my view, we do not need to waste time over matters that the Members of Parliament from the Jubilee Party are aware that they have been given express orders on.

  • (An Hon. Member raised his hand)
  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Order Member! You cannot raise your hand. You must press your intervention button. I will not see you if you raise your hand. What is your point of order, Hon. Member?

  • Samuel Onunga Atandi

    These are express orders from above for which the Jubilee side is aware. They are merely wasting time. It is not vetting but rubber-stamping. This House must not be taken round over matters which really have no meaning. Jubilee could proceed and pass these names in a minute. They do not need to bring a Motion here to waste our time. We do not need 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.

  • Page 15 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Samuel Onunga Atandi

    this circus in this House. Let Jubilee go to their corridors and approve these names. This is not vetting. If you saw what happened…

  • Mugambi Murwithania Rindikiri

    On a point of order, Hon. Temporary Deputy Speaker.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    What is your point of order Hon. Member?

  • (Loud consultations)
  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Order Members. What is your point of order Hon. Murwithania.

  • Mugambi Murwithania Rindikiri

    Hon. Temporary Deputy Speaker, the Member has said that they have nothing to do with the approval of the names as presented in the list. Up to that point, it is my understanding that you should tell him to sit down because he has seized this opportunity to issue a statement yet that is not what we are debating. It is not in order to allow the Member to continue insulting others saying that this is not serious business and calling it a circus. We are not in the business of a circus and corridors in this Parliament.

  • Mugambi Murwithania Rindikiri

    First, I ask my good friend to withdraw the words “circus” and “corridors”. That is not why we are here. He is actually out of order.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Order, Hon. Murwithania! You cannot declare him out of order; it is the role of the Speaker to do that.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    The Motion is very clear. Shall we restrict ourselves to the boundaries of this Motion so that we have two other Members contributing?

  • Samuel Onunga Atandi

    Hon. Temporary Deputy Speaker, I had not finished.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Please, finish.

  • Samuel Onunga Atandi

    My point is that the Jubilee side does not need time for this kind of Motion to be passed. What they need to do is go to their Parliamentary Group meeting and approve the names of these State officers then they get appointed by their president. That is my point. We do not need an extension of time because it is a waste of parliamentary business time to extend this exercise for another two weeks. In my view it is not necessary.

  • Samuel Onunga Atandi

    Thank you.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    I had said I would give chance to two Members to contribute. Hon. Lomenen.

  • James Lomenen Ekomwa

    Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity. First and foremost, I stand to support this Motion of extension of the period for consideration of nominees. Just as the Mover has said, it is constitutional. It does not mention Jubilee or NASA. We are here as Members of Parliament to carry out our constitutional mandate. The Motion talks about the provisions of Section 13 of the Public Appointments (Parliamentary Approval) Act relating to extension of time. There is nothing here that mentions Jubilee. We need to reduce tensions. Yesterday, we listened very keenly to Members from the NASA Coalition. They were concerned and we, on this side, supported their concerns. It was very clear that they needed the support of the Government. They needed security. For them to have security, we need to approve these Principal Secretaries. These are the people who will ensure that they have security. Moreover, we are not forcing anyone to come to Parliament. I have been elected by the people of Turkana South to come here and represent them, just the way they have been elected to come 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.

  • Page 16 of Wednesday, 14th February 2018 at 9.30 a.m.
  • James Lomenen Ekomwa

    here. Whatever we are doing in this House is constitutional. It does not require mercy from anyone. If I want to come to support the appointment of anyone, it is my own choice. We are here to ensure that Parliament functions. Parliament cannot function without us. We need each other more than ever before. Just the way NASA needs us, we also need them.Why is it that when it concerns things that benefit NASA, they need our assistance, and when it is about issues that do not benefit them, they walk out? When we were passing a Motion, they walked out. Will you keep on walking out every time? Is that the business we have been sent to do here? When we come here as Members of Parliament, we respect each other. We do not want to bother about the business that happens outside this House. Whether you make noise or blow whistles, it is nothing to us. When we come here, we respect our colleagues; we want to do anything that is constitutional. We have to respect each other in this House. It is not the issue of Jubilee or NASA - it is Members of Parliament. Anything we are doing here is constitutional. I support this Motion of extension of period for deliberation of the nominees. We want to vet these Principal Secretaries (PSs) because they are coming to serve. We have to vet them. We want to have enough time to ensure that these are the right officers who will serve Kenyans. We do not want to rush. We do not want to make it an issue of Jubilee or NASA. These are people who are serving Kenyans; they are not coming to serve us alone. So, we want to take time as Members of Parliament to ensure that these people are the right officers who will serve Kenyans - people who brought us to this Parliament.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Hon. Members, just to remind you, if you raise your hand and say “point of order” and you have not done an intervention, you will not get a chance. It is also important to check. Let us not anticipate debate on the report. This is just a Motion; it is not the report. Hon. Obo Mohamed.

  • Ruweida Mohamed Obo

    Asante sana,Naibu Spika wa Muda. Mimi pia ninaunga mkono kuongezwa kwa muda kwa sababu tunawahitaji sana hawa Mawaziri. Kuna kazi nyingi ambazo tunatarajia watazifanya na kuzikamilisha, baada ya kuapishwa. Watu wamezungumzia siku ya kupendana, kwa umaarafu Valentine’s Day .

  • An hon. Member

    Hata mimi nakupenda.

  • Ruweida Mohamed Obo

    Tuheshimiane. Mimi niko na bwana. Sikuja hapa kutafuta wanaume.

  • (Laughter) I am a married woman
  • Ruweida Mohamed Obo

    . Sikuja hapa kupendwa. Unaniambia umependa nini? Tuheshimiane. Nimetumwa hapa na kaunti ya Lamu. Namhurumia sana mama na watoto wa marubani wawili walioshikwa South Sudan. Hii siku ya leo watu wanafurahia Valentine’s Day ilhali wao wanahuzunika. Ningependa muda uongezwe. Waziri wa masuala za nje na wengine wafuatilie. Waharakishe ili wale marubani wawili walioshikwa kule na waasi baada ya ndege yao kuanguka waachiliwe huru. Marubani wamezuiliwa kwa zaidi ya mwezi mmoja sasa. Nahurumia sana bibi yake na watoto, ambao hawana habari ni lini wataachiliwa. Ningependa pia kuwaeleza Mawaziri waharakishe kwa sababu watu wakisherehekea mambo mengine, nimesikia mwenzangu akisema watu huko Lamu wana huzuni. Wakazi katika miji ya Kizingitini, Bajumali, Chundwa na miji mingine wameambiwa kwamba nyumba zao zitavunjwa lakini hawakupewa ilani. Hawana raha. Hvi saa, sisi wakazi wa Lamu Mashariki tunataka hawa Mawaziri waangalie tatizo hilo. Tunataka maendeleo. Barabara yataka kujengwa lakini hiyo 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.

  • Page 17 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Ruweida Mohamed Obo

    barabara ilifuata nyumba. Hakukuwa na ramani ya barabara. Kwa hivyo haki za wale watakaoathirika zifuatiliwe. Asanteni.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Member for Uriri, Hon. Nyamita.

  • Mark Ogolla Nyamita

    Thank you, Hon. Temporary Deputy Speaker. I want to contribute to this Motion. We are aware that it is a Procedural Motion, like my colleague has said. It is in compliance with the Constitution, and Members have to vet these nominees through the relevant committees. It is also abundantly clear that the vetting exercise is a continuation of the coronation exercise that we have been seeing. We will not be surprised, without anticipating debate on the report that was tabled yesterday. We do not know the content of the Report, but it is already in the newspapers that the nominees for appointment to the Cabinet were all passed. I just wanted to urge my colleagues that this honourable House might lose meaning. We know very well that we are not participating in the coronation exercise. You will remember that we have seen people who have not gone to school - class seven dropouts - being gladly clapped for just because of political expediency. Hon. Member Sankok, the very nominated Member, please, you will have your time. In as much as they will extend this period, we are asking why they want to take extra time when they are not going to add any value to the exercise? Why take time when they are going to be called and told “this is the list that is going to be passed?” Why do we want to extend? Why do they not just bring the names, pass them and we go on? They should do that instead of coming here and telling us they want to vet when we clearly know there is no vetting. There is no single person on the Jubilee side with balls enough to even stand and tell the President: “Some of the appointments you have made do not fit the bill”. When they all go there, they only sit, listen, come here on a chorus and everything goes on.

  • Mark Ogolla Nyamita

    So, my point is that I do not think there is need to extend the time.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    What is it Hon. Ngunjiri?

  • Onesmas Kimani Ngunjiri

    Asante sana Mhe. Naibu Spika wa Muda kwa kunipa nafasi hiyo. Ningetaka kwanza kusimama kuunga mkono kuwekwa mikakati katika Bunge.

  • Mark Ogolla Nyamita

    He is on a point of order. He cannot purport to be supporting.

  • Onesmas Kimani Ngunjiri

    Wewe kaa chini. Sit down. You cannot come here and say…

  • Hon. Members

    No!

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Order Members. Hon. Ngunjiri, you stood on a point of order.

  • Hon. Ngunjiri:
  • Yes. I am saying…
  • Bwana Spika, ningetaka kusema mambo yaliyo mbele yetu ni ya kuzungumzia mikakati ambayo tunahitaji kupitisha. Naona wapinzani wetu wanataka kuleta ile siasa ya mazishi. Hatuko kwa mazishi hapa. Tuko kwa Standing Orders ambapo tunafuata utaratibu wa Bunge hili. Kwa hivyo, tuwache siasa ya nje; tufuate mikakati ambayo imewekwa katika Bunge. Hiyo ndio nataka waelewe –tuko hapa kwa mikakati ile imewekwa na Bunge. Hapa sio mambo ya mazishi ili tulete siasa hapa kwa wakati huu. Asante sana, Mhe. Naibu Spika wa Muda.
  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Order Members. Please…

  • Mark Ogolla Nyamita

    I had not finished.

  • Hon. Members

    Put the Question!

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Order Members. Is that the mood of the House? 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.

  • Page 18 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Hon. Members

    Yes!

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Let him finish and then I will put the Question.

  • Mark Ogolla Nyamita

    Thank you, Hon. Temporary Deputy Speaker. First, I find the language of my colleague talking about funerals in this House foul. But, I am glad he switched to the language he understands best. We can know why he could not proceed in Queen’s Language; it is an indication...

  • (Laughter)
  • (Several Members stood up in their places)
  • Mark Ogolla Nyamita

    Without losing the point…

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Order Members. Order Member. Assume your seat please. Hon. Member, can you assume your seat please? This Motion is very clear. If you remember, the Speaker was very clear yesterday that this is the first week; we will not and, it cannot be allowed for us to have circus around the House. It is a House of order. We must restrict ourselves to the debate of the House, both sides; we must restrict around the debate and the boundaries of the Motion. I get the sense that the mood is that I put the Question on this matter.

  • Hon. Members

    Yes!

  • (Question put and agreed to)
  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Next Order. As we were reading the items when the House was starting, I was informed that there was a Notice of Motion that was to be given by the Chairlady of the Committee on Delegated Legislation. I will use my discretion to allow but, I want to very clearly say that this may not be allowed. When a Notice of Motion is called, it should be given at that point. I will use my discretion to give this chance to the Chairlady of the Committee on Delegated Legislation, Hon. Shollei, to give that Notice of Motion.

  • Gladys Jepkosgei-boss Shollei

    Hon. Temporary Deputy Speaker, first, I must thank you for giving me the opportunity to move this Motion. I realise that the Order Paper I received from the Table Office at 7.30 this morning indicated that the Motion was going to be at 2.30 p.m. I will not take it seriously in future when it says “2.30 p.m.”

  • NOTICE OF MOTION

  • EXTENSION OF THE PERIOD FOR CONSIDERATION OF STATUTORY INSTRUMENTS

  • Hon. Temporary Deputy Speaker, I beg to move that this House grants the Committee on Delegated Legislation an extension of time to consider the regulations pending before it.
  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Hon. Gladys Shollei, you are giving the Notice of Motion.

  • Gladys Jepkosgei-boss Shollei

    Yes. I am giving the Notice of Motion. I need to give the Notice: 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.

  • Page 19 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Gladys Jepkosgei-boss Shollei

    THAT, in furtherance to the provisions of Standing Order 210(3) relating to the mandate of the Committee on Delegated Legislation, and notwithstanding the provisions of Section 15(2) of the Statutory Instruments Act, 2013 relating to the period of consideration of Statutory Instruments by the Committee, this House resolves to extend the period for consideration of the following twenty nine (29) Statutory Instruments submitted to the House between the September 25, 2017 and December 13, 2017 when the Committee on Delegated Legislation had not been constituted by a further period of ninety (90) days from 14th February, 2018: 1) Competition Tribunal (Procedure) Rules, 2017; 2) The Kenya Defence Forces (Commissioning of Officers) Regulations, 2017; 3) The Kenya Defence Forces (Active Service Punishment) Regulations, 2017; 4) The Kenya Defence Forces (Internal Grievance Mechanism) Regulations,2017; 5) The Kenya Defence Forces (Retired Officers and Service Members) Regulations, 2017; 6) The Kenya Defence Forces (Constabulary) Regulations, 2017; 7) The Kenya Defence Forces (Missing Persons) Regulations, 2017; 8) The Kenya Defence Forces (Board of Inquiry) Regulations, 2017; 9) The Kenya Defence Forces (General) Regulations, 2017; 10) The Kenya Defence Forces (Execution of Sentence of Death) Regulations, 2017; 11) Kenya Defence Forces (Imprisonment) Regulations, 2017; 12) Kenya Defence Forces (Pensions and Gratuities) Regulations, 2017; 13) Kenya Defence Forces (Rules of Procedure) Regulations, 2017; 14) National Land Commission (Investigation of Historical Injustices) Regulations, 2017; 15) Capital Markets Authority (Online Foreign Exchange) Regulations, 2017; 16) The Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017; 17) The Land (Extension and Renewal of Leases) Rules, 2017; 18) The Land (Conversion of Land) Rules, 2017; 19) The Land (Assessment of Just Compensation) Rules, 2017; 20) The Land (Allocation of Public Land) Regulation, 2017; 21) The Land Registration (General) Regulations, 2017; 22) The Land Registration (Registration Units) Order, 2017; 23) The Land Regulations, 2017; 24) The Community Land Regulations, 2017; 25) The Wildlife Conservation Management (Implementation of Treaties) Regulations, 2017; 26) The Wildlife Conservation Management (Protection of Endangered and Threatened Ecosystems, Habitats and Species) Regulations, 2017; 27) The Wildlife Conservation Management (Joint Management and Protection of Water Towers) Regulations, 2017; 28) Wildlife Conservation Management (Compensation) Regulations, 2017; and 29) Wildlife Conservation Management (Government Trophies) Regulations, 2017. Thank you, Hon. Temporary Deputy Speaker.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Very well. Before we get to the next Order, I wish to acknowledge the presence of students from Ngaru Girls Secondary School in Kirinyaga Constituency, Kirinyaga County who are seated in the public gallery. 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.

  • Page 20 of Wednesday, 14th February 2018 at 9.30 a.m.
  • (Hon. John Wambugu waved at the students in the public gallery)
  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    I see the Member of that constituency is quite excited.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Next Order!

  • MOTION

  • APPROVAL OF THE CALENDAR OF THE HOUSE FOR THE SECOND SESSION

  • Benjamin Jomo Washiali

    Hon. Temporary Deputy Speaker, I beg to move:

  • Benjamin Jomo Washiali

    THAT, pursuant to the provisions of Standing Order No.28, this House approves the Calendar of the House (Regular Sessions) for the Second Session of the Assembly, as contained in the Schedule.

  • SCHEDULE

  • [Order No. 17] PROPOSED CALENDAR OF THE HOUSE FOR THE SECOND SESSION (2018)
  • (STANDING ORDER 28)
  • PERIOD DAYS

  • SECOND SESSION 13TH FEBRUARY 2018 – 6TH DECEMBER, 2018 FIRST PART

  • A. Sitting Days
  • Tuesdays (afternoon), Wednesdays (morning and afternoon) and Thursdays (afternoon) Tuesday, 13th February – Thursday, 29th March, 2018
  • [28 sittings] B. Short Recess:
  • Friday, 30th March – Monday, 9th April, 2018
  • [11 days] C. Sitting Days
  • Tuesday, 10th April – Thursday, 3rd May, 2018
  • [16 sittings]
  • Tuesdays (afternoon), Wednesdays (morning and afternoon) and Thursdays (afternoon) 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.
  • Page 21 of Wednesday, 14th February 2018 at 9.30 a.m.
  • D. Long Recess:
  • Friday, 4th May – Monday, 4th June, 2018
  • [32 days]
  • SECOND PART

  • E. Sitting Days
  • Tuesdays (afternoon), Wednesdays (morning and afternoon) and Thursdays (afternoon) Tuesday, 5th June – Thursday, 12thJuly, 2018
  • [24 sittings] F. Short Recess:
  • Friday, 13th July – Monday, 23rd July, 2018
  • [11 days] G. Sitting Days
  • Tuesday, 24th July – Thursday, 30thAugust, 2018 Tuesdays (afternoon), Wednesdays (morning and afternoon) and Thursdays (afternoon)
  • [24 Sittings] H. Long Recess:
  • Friday, 31st August – Monday, 24th September, 2018
  • [25days]
  • THIRD PART

  • I. Sitting Days
  • Tuesdays (afternoon), Wednesdays (morning and afternoon) and Thursdays (afternoon) Tuesday, 25th September – Thursday, 25th October, 2018
  • [20 Sittings]
  • J. Short Recess:
  • Friday, 26th October – Monday, 5th November, 2018
  • [11 days]
  • K. Sitting Days
  • Tuesday, 6th November – Thursday, 6th, December,2018
  • [20 Sittings]
  • Tuesdays (afternoon), Wednesdays (morning and afternoon) and Thursdays (afternoon)
  • L. Long Recess:
  • Friday, 7th December, 2018 – Monday, 11th February, 2019
  • [10 weeks]
  • 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.
  • Page 22 of Wednesday, 14th February 2018 at 9.30 a.m.
  • In moving the Motion, I wish to state that there were three premises for the proposed structure of this calendar. One of the premises is the budget process, including review of the Budget Policy Statement, Budget Estimates, Division of Revenue Bill and the County Allocation of Revenue Bill which need to be done by 30th April. The other premise is the presentation of the budget highlights and passage of the finance- related Bills. The third and the last, which is the most important, is the need for Members to interact with their families and their constituents during recess. Hon. Members will observe that the sittings for the sessions are divided into three parts each interspersed with a recess period. The dates stipulated have been structured around various activities in the year. The mini breaks scheduled for 10 days between sessions will allow Members, especially those with young families, to spend time with their families during school holidays. Members will also be able to spend time with their constituents.
  • The longer recess periods comprising of 25 days and above, will allow Members to spend more time in their various committees scrutinising various Bills or financial documents so as to adhere to different constitutional and statutory deadlines. For instance, during the first long break from 4th May to 4th June 2018, Members, through departmental committees, will exhaustively scrutinise the Budget Estimates for the upcoming financial year to be laid by 30th April 2018. The House will resume in early June to allow the Cabinet Secretary to present the budget highlights to the Assembly. This will ensure adequate time for the document to be tabled and presented in conjunction with the Finance Ministers in the other East African States, a process that will occur between 10th June and 15th June this year.
  • The second part of the Session will involve the passage of the Appropriation Bill of the Vote on Account on 26th June 2018. As such, the breaks in between will allow committees to thoroughly review the Bills before debate and conclusion of the Bill.
  • The third part of the Session will be dedicated to finalising the remainder of the Bills presented during the year giving priority to those that began in the First Session pursuant to the provisions of Standing Order No. 141(2) (b). According to Standing Order 27(1), the last day of the Session is scheduled for first Thursday of December as shown in the calendar. This is already shaping up to be a busy year and given the heavy workload ahead of us, we are scheduled to have a total of 132 days in this Session. I wish to thank the Members for their contribution so far to the business of the House and encourage them to continue participating in debate on the Floor and in their various Committees in fulfilment of their constitutional mandate. I wish to remind them that this is actually their calendar and if any Member in this House feels strongly that the calendar as presented may interfere with any business of the House adversely, then he could convince the rest of us to alter it. I want to assure you that this is a proposal and we are waiting to listen to any adjustments, if any. Otherwise I want to request Members to support this calendar. It has been considerate. It has considered a number of other things and it is based on historical factors. I would just want to request you to support this calendar.
  • Earlier on, one of our colleagues was talking of Members of a particular party. In this House we have the majority and the minority side. If the minority side feels like it is not in support of any other business that we would want to carry out as a House, the best we can do and the best they have done, is to quietly accept that procedure must be followed; and that is what we have been following. The procedures are as per our Standing Orders. I, therefore, want to request our colleagues to be patient because this is House business. The vetting is also business 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.
  • Page 23 of Wednesday, 14th February 2018 at 9.30 a.m.
  • House. We want to request our colleagues, if there is any issue about vetting, let them address it at the committee level.
  • I, therefore, beg to move and request my brother, Member for Mwea, where we usually get quality rice, to second.
  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Member for Mwea.

  • Josphat Kabinga Wachira

    Thank you, Hon. Temporary Deputy Speaker. Thank you, our able Chief Whip for preparing and moving this Motion. Before I continue to second this Motion, I would like to welcome our children from Ngaru Girls, from the mighty county of Kirinyaga and also to extend a happy Valentine and Ash Wednesday to the great people of Mwea who feed this country with the best rice in Africa.

  • Josphat Kabinga Wachira

    By having a calendar in place, we will be prepared for the House business. When some of us left the jobs that we were doing and decided to join the House, it is because we had an agenda for pushing the development in our respective constituencies.

  • Josphat Kabinga Wachira

    We are continuously getting worried by the content of the debate of the House, especially from our brothers. We are getting confused as new Members when we see our brothers rising up just to be seen on the screen, contribute and immediately leave this House. This is confusing to some of us new Members. I wonder whether all of us understand and know why we are in the House. I have travelled in this country, I have had a chance of working in almost all the 47 counties in this country, and I know how needy some of the constituencies represented here are. When I see Members concentrating on issues that do not relate to their constituents; when I see Members who are not worried about the hunger, lack of water and the poverty levels out there and they are concentrating on what I would call a contest on the screen—to come here to please their masters, to show how they are supporting them, to show them how they are not supporting the government of the day—I get very worried. As I do so, let me say I came from a serious environment; an environment where probably I could be earning more than what I earn here. But because of the needy people of Mwea, I took up this challenge. I am here to present issues of roads, lack of water, lack of good schools; I am here to look at our many youth, more than 110,000 in Mwea who are not employed today. When I come here and see people concentrating on swearing in and other things, I get worried and confused. I think in the future we need to look at how this business would return to the business which some of us used to observe. We came here knowing that we shall find models. These models are now no longer models; they are people who pop in, talk, are seen on TV, declare themselves this and that and then they leave. This is very worrying. I want to commend the leadership of the House for having come up with this calendar, a calendar that allows me to balance out between the duties that have been given to me by the people of Mwea, my family affairs as well as coming to this House to contribute to very important national issues. As we speak, a majority of Kenyans are undergoing very serious drought problems. They are going through many problems: lack of water and other things. And this is the House expected to come up with rules and laws that will enable these people to live a better life. I want to extend some advice to my brothers who keep popping in and out that Kenyans look upon this House to debate and come up with serious policies that would help them to get a better life out there. We should not in any way bring issues that would divide us in this House. We were so peaceful in the morning, before one Member decided to rise and give his own personal opinion, which I believe the majority of the Opposition does not stand for, and then 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.

  • Page 24 of Wednesday, 14th February 2018 at 9.30 a.m.
  • Josphat Kabinga Wachira

    immediately left. We should not even allow some of these people to talk, because they talk, confuse us then they leave us and hope that they have already gained mileage out there. I will be elected on the premise of what I would do for the people of Mwea. Some people will be elected on the basis of how much noise they make in this House and how much they appear on television. I am different. We must strike a balance between people who want to confuse me and people who want to pursue agenda that will help my people of Mwea to live a better life. Hon. Temporary Deputy Speaker, with those few remarks, I wish to second and support this calendar. Thank you.

  • (Question proposed)
  • Hon. Members

    Put the question.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Is that the mood of the House?

  • (Question put and agreed to)
  • ADJOURNMENT

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    Hon. Members, that being the last Order, and the time being 11.25 a.m., this House stands adjourned till this afternoon at 2.30 p.m.

  • Patrick Kariuki Mariru (The Temporary Deputy Speaker)

    The House rose at 11.25 a.m.

  • Patrick Kariuki Mariru (The Temporary 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.

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