Hon. Members, I have two Communications, which I will unleash to you a little later.

Hon. Speaker, I beg to lay the following Paper on the Table of the House.

Report of the Parliamentary Service Commission on recruitment of the Parliamentary Service Commissioner, who is not a Member of Parliament.

Very well. We can go to the next Order.

Hon. Speaker, I beg to give notice of the following Motion: THAT, taking into consideration the recommendation of the Parliamentary Service Commission, in its Report on the recruitment of the Parliamentary Service Commissioner who is not a Member of Parliament, laid of the Table of the House, on Tuesday 16th June 2020, and pursuant to the provisions of Article 127 (2) (d) of the Constitution, this House appoints Rachael Ameso Amollo as a member of the Parliamentary Service Commission.

Next Order!

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Thank you Hon. Speaker for giving me this opportunity to ask Question No. 060/2020 to the Cabinet for Water, Sanitation and Irrigation: (i) Could the Cabinet Secretary provide the status of the construction of Baragoni Dam in Hindi Ward, Lamu County? (ii) How much money has been utilised in the construction of the dam? (iii) When will the construction of the project be completed? Thank you, Hon. Speaker.

The Question is referred to the Departmental Committee on Environment and Natural Resources. The next Question is by the nominated Member, Gideon Keter. He is not here.

We will move to the next, Question by the Member for Kaiti, Hon. Joshua Kimilu. Is it that you Members do not have cards or what? Put your card and make your request.

Thank you, Hon. Speaker for giving me the opportunity to ask this question to the Cabinet Secretary for Energy: (i) Could the Cabinet Secretary provide the number of public schools in Kaiti Constituency that are yet to be connected with electricity? (ii) When will the said schools be connected? (iii) Could the Cabinet Secretary confirm the number of customers within a radius of 600 metres from the nearest power transformer that are yet to be connected under the Last-Mile Connectivity Programme in Kaiti Constituency?

Thank you.

The Question is referred to the Committee on Energy. The next Question is by the Member for Yatta, Hon. Charles Kilonzo.

Yatta, Independent

Very well. This is referred to the Departmental Committee on Environment and Natural Resources. For the second time, Question by nominated Member, Hon. Gideon Keter. Is Hon. Keter in? This is the second time the Member is not present. Question is dropped.

Embakasi Central, JP

I can see the Chair of the Departmental Committee on Health is not present and, therefore, the request will be channeled through the Office of the Leader of Majority Party. Next is the Member for Kamukunji, Hon. Yusuf Hassan.

Kamukunji, JP

That request should be directed to Hon. ole Kenta. Is he the one there or is that the representative in title?

Nominated, ANC

And, perhaps, other than getting a written answer, it may be desirable to invite the CS to appear before your Committee and at that meeting, you invite Hon. Yusuf Hassan so that he can engage her. It is because Hon. Yusuf Hassan is a member of the Committee on Appointments and, indeed, the issues he has raised were captured in the HANSARD when the CS was making the pledge that she would support the Mitumba business people. Therefore, maybe, it is important that you have a sitting with the CS other than just getting a written statement to come and read here and then Hon. Hassan will tell you to look at the HANSARD. It is good that you invite the CS, but also invite Hon. Yusuf Hassan and any other Member who may have any interest to come and engage with the CS and the Committee.

Nominated, ANC

Kamukunji, JP

Very well. The next request is by the Member for Isiolo County, Hon. Rehema Jaldesa.

Isiolo CWR, JP

You said there are some courses which are lucrative? Are they lucrative or prestigious?

They are perceived thus.

They are perceived to be lucrative? Very well, the request is to the Chairperson, Departmental Committee on Education and Research, Hon. Melly. Is he in the Chamber? If he is not, it will be channeled through the Office of the Leader of the Majority Party. Hon. Gideon Keter, the House starts at 2.30 p.m. I called your Question twice and you were not in the House. You cannot point at some place which I do not understand. Are you saying you were in the air? Well, because you represent the youth, I will rescind my earlier decision but, in future, the youth should be the first ones to be in the Chamber when they are supposed to be there, as a good example. Proceed

Hon. Speaker, I wish to ask the following Question to the Cabinet Secretary for Education: (i) What measures has the Ministry put in place for minimum standard requirements

for constructions in schools that ensures teenage girls have pads, changing rooms

and adequate washing facilities to complement appropriate Menstruation Hygiene

Management (MHM)? (ii) What steps has the Ministry put in place to reduce the stigma faced by girls in

schools by sensitising teachers and other male and female students?

Thank you, Hon. Speaker

Very well. The Question is referred to the Departmental Committee on Education and Research. Since I do not see Hon. Melly in the Chamber, let a Member of the Committee take the Question up. I do not know how long you want to take to bring the Statement. 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, as you advise, I think the two questions that have been raised by Hon. Rehema and Keter are critical. We will address them as you guide us. I thank you Hon. Speaker.

No, I do not want to guide.

Hon. Speaker, we shall respond in two weeks’ time.

Within two weeks’ time. Very well. That concludes Order No. 7. Has anybody seen the Member for Rarieda? Hon. John Mbadi.

Thank you, Hon. Speaker. The MP for Rarieda, Hon. Otiende Amollo is away He had some issues to sort out in the constituency and so, I am fully briefed. I do not know if he wrote to your Office. Maybe, he did not. I will counsel him next time that he should be informing you of his absence. But if there is anything that is meant to be directed to him, I am here and will stand in for him. I thank you.

Very well. Hon. Members, I hope even as you do your constituency work, when you desire to be out of the House, you have to study carefully Article 103 of the Constitution because it talks of you being absent for eight sittings in a Session. A Session is 12 months. So, if you desire that you just sneak into the constituency, some people who could be hawk-eyed may be counting. You need a written permission of the Hon. Speaker and failing to offer a satisfactory permission to the relevant Committee again as chaired by the Speaker, the Powers and Privileges Committee could have some far-reaching consequences. I do not like a situation whereby a Member’s term is cut short midstream. Remember in the 11th Parliament, we had some constituents from two constituencies who were hawk-eyed. It is only that the Members had offered a reasonable explanation. Otherwise, they would have vacated their seats in the House. However, with regard to the Hon. Otiende Amollo, Hon John Mbadi is available. Hon. Members, I have one short Communication to make.

Thank you, Hon. Speaker, for that long, detailed and, I must say, professional ruling on this matter. This is a matter that has disturbed me for a while because I could not envisage a situation where an appointing authority has no capacity, at all, or recourse to revoke the appointment of the very officer that it has appointed. So, when I was thinking of Article 251 of the Constitution, I was wondering how then this House would appoint the Parliamentary Service Commissioners and then surrender their removal to another authority that would compromise even the independence of Parliament. So, Hon. Speaker, I am happy that today you have made it very clear and clarified that the appointment of members of the Parliamentary Service Commission can be revoked by this very House. The only thing that is disturbing me a bit is the ruling, but I will live with it, is that, whereas your deputy, who holds a very senior constitutional office of the Republic, and that of the Deputy Speaker of the Senate, can easily be removed from office merely by the fact that they are not loyal The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

to their sponsoring party, but the commissioners, immediately we appoint them, the same party that proposes their appointment loses control of the same Members. In that case, I think it is a matter that needs to be looked into going forward. If it is the parties which determine and decide the persons they have confidence in to represent their interests or political persuasion in the Commission, it will have to be considered. The Constitution did not make a mistake. There is a reason Article 127 of the Constitution talks about parties forming a majority and parties forming a minority proposing names. I thought the same parties can propose revocation. However, your ruling, which I do not want to challenge, has delved into this matter very extensively. The only thing I want to say is that the process will begin. I must confirm that my party is so determined to do it through our membership in this House. In fact, the decision to remove this Member was not made by the general membership of our party. It was made by the Parliamentary Group (PG) of the party. Therefore, the lawyers in my party, led by Otiende Amollo, are going to generate immediately. They should take this as an order from the Leader of the Minority Party.

Hon. Otiende Amollo and Hon. Antony Oluoch, who are here, must put together a Motion to remove this Member. There are so many grounds for that. I am happy that it is gross misconduct. In fact, the word which has made me very happy is “misconduct”. You know misconduct is misconduct. It is decided. It can be decided that your behaviour is misconduct and it will be treated as such.

I hear people talk of “anticipating debate”. Which debate? There is no debate. Before you understand certain things, do not just quote. There is no debate. So, you cannot anticipate what is not there. Let me just say the last word. My only concern is with the current arrangement. You have talked about “a third of the Members” approving so that a Select Committee can be formed and, then finally, 50 per cent of the Members would remove the Member. With Covid-19 and the way we sit here, about 60 of us, I do not know how we will be able to get a third of the Members to approve. My suggestion is that if we can provide signatures of the Members supporting and they cannot deny that they have signed, if they do not deny that they have signed, you allow that to suffice as those Members having approved the removal of that Member. That is where I have issues because a quarter of the Members are about 88. A third of the Members are 117 and then there is the half. If you could allow Members to sign and then those signatures are allowed as having supported the Motion, we will constitute an 11 Member team to look into that. On this, because the Member I am proposing to be removed will be from ODM, you will allow the Minority to have six and the Majority to have five. If a Member is from the Jubilee side, we would have six Members from Jubilee and five from the NASA coalition. Thank you, Hon. Speaker. I submit.

Well. I think it was important to be clear on this matter. It is because earlier on in 2018, when Hon. Junet wrote to the House, it had not, in its wisdom, enacted the Parliamentary Service Act which brought Section 10 into being. So, it is the House that saw that was a good provision in law. Previously, when I responded to the letter written to me by Hon. 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.

Junet, I was referring him to both Article 127 and Section 51 of the interpretation or the Interpretation of General Provisions Act. It is because there was no other law at that time. However, the power existed. Those who appoint also reserve the right to disappoint. Maybe, in furtherance of democracy and good governance, you felt that it was good to put in place Section 10 when you were passing the Parliamentary Service Act. Hon. Wandayi, do you want to weigh in on this?

Hon. Speaker, actually, the Leader of the Minority Party, who is my boss, has spoken on my behalf. Just to make one comment, your ruling has been well reasoned. With the benefit of hindsight, I can say that the passage of the Parliamentary Service Act came at the right time. It has addressed most of the issues that were unaddressed hitherto, both by Article 127 and Article 251. Just to pick up from where Hon. Mbadi has left, it is clear from your ruling that when it comes to members of the Parliamentary Service Commission, once a political party or a coalition of political parties nominates a Member, it does not enjoy exclusive powers of recall of that Member. That is very clear from your ruling, which deviates from the position when it comes to matters of Committee assignments. It will be important that you help us understand if the proposal made by Hon. Mbadi is agreeable in the sense that the Select Committee, the 10 or 11 Members of the Select Committee, is going to play a very critical role in this process. It can actually be either to pedal the process or facilitate it to move forward. Therefore, its composition is extremely important. It cannot be left to the whims of the leadership of both sides of the House. It must be clearly set out, how the membership of that Select Committee is going to be constituted. Thank you very much, Hon. Speaker.

I hope we needed to move to business. Let us have Hon. Junet, as the person who started this whole saga.

Hon. Speaker, I first want to take this opportunity to thank you for the ruling that you have made today. As you have said, I had written to you before the Parliamentary Service Act came into place. It was to seek your guidance on how this matter can be handled. Your reply was good.

I am very far from people. Your reply was timely even at that time. I was contented with your letter and the reply you gave me. Having said that, this matter of the Parliamentary Service Commission has been with us for some time. It is since I have been in this Parliament. First, we have to understand that this is a very important organ in the running of Parliament. We must also know that we do not have a union, as Members of Parliament. We do not have the Kenya National Union of Teachers (KNUT); we do not have the Kenya Union of Post-Primary Education Teachers (KUPPET); we do not have sisi kwa sisi or the Central Organization of Trade Union. We are on our own with our Parliamentary Service Commission. When these Members go there, they think they have gone there to do their things. They do not know that they are responsible and answerable to us who have appointed them.

If we had a union today, it would be fighting for us. However, we are sometimes let down by the Commissioners that we put in place in that Commission. When the facilities deteriorate 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.

the working environment is not good, it is the business of the Parliamentary Service Commission to make sure that we are remunerated very well. Having said that, there must be recourse if one is not performing his or her duties very well. One cannot go and sit there for eternity. As you said, some of them are serving three terms now. So, I totally agree with you that this is a constitutional Commission. We cannot just remove them whimsically. That is what you said. However, gross misconduct is a very serious offence. You said it is quasi-judicial and I want to issue a judicial notice to Hon. (Ms.) Aisha Jumwa that her goose is cooked. This is because, as a party, we feel aggrieved. We are aggrieved as individuals because gross misconduct is a serious offence. You remember that when I was de-whipping some Members, in a letter copied to you, I talked about violation of the Constitution or gross misconduct.

Which Constitution?

The conduct I am talking about…

Do not prosecute the matter. Do not disclose the facts.

There will be a time when I will be given an opportunity to prosecute what gross misconduct is. As you alluded to, the Judicial Service Commission has a different constitution from the other commissions. It is just like the Parliamentary Service Commission. They have 11 members while others have between 3 to 9 members. The JSC needs a ruling of this nature to govern it. When they are appointed to that Commission, some overstay because there is no action that can be taken against them. Those commissions are now the fourth arm of the Government. We have the Legislature, Judiciary and the Executive. In Kenya, the fourth arm of Government is those commissions. Some of them are not even executing their mandates. I am issuing a judicial notice that very soon we shall meet on this Floor.

Is that Hon. Ichung’wah? Please take a minute.

Yes, Hon. Speaker. I want to join my colleagues to thank you for a very well-reasoned Communication. I take two things from it as Hon. Junet has said. He said he wanted to de-whip Members whimsically. First, we appreciate that our Commissioners are nominated to serve in the Commission by political parties. Second, they are serving in a constitutional Commission that is not less of any constitutional commission like the JSC. I want to thank you because, as the Speaker of the National Assembly, you have shown the country that we can be governed by the rule of law.

That, as a House, we adhere to our rules, the Constitution and procedures; unlike some other Houses that I do not wish to talk about at this time. However, a question that begs in my mind is the role of our political parties in our democracy. We are in a democratic country where we are nominated to run on political seats through political parties. We are not nominees of political parties per se in terms of a party like in jurisdictions like Rwanda, where people go to the ballot to vote for a party that then appoints 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.

Members to represent people in Parliament. We are here as the representatives of the people. Our first bosses are the people of Kenya. Political parties are important in our democracy, but in this day and age, we must guard against the tyranny of dictatorship by political parties.

Tyranny of numbers!

Not tyranny of numbers but tyranny of dictatorship by political parties. We must always appreciate that we are here as peoples’ representatives. As much as we came into this House through political parties, we must appreciate that people went to the ballot to vote for individuals who were sponsored by political parties. In your ruling, I am glad that you appreciate that, as much as a political party has nominated an appointee to serve in a Commission, that Commissioner then comes to serve the House. The commissioner was not appointed in a Parliamentary Group meeting of that party, but the names were brought to the House and we made a decision. If a political party wants to remove a Member, we must follow the procedures, Constitution and our own statutes. If you want to whimsically remove a commissioner, give him/her an opportunity to be named in a substantive Motion. I hear Hon. Junet is serving a judicial notice, but it must be on substantive grounds and not definitions of misconduct. Looking at Junet, he might be misconstrued to be misconduct. I want to re-emphasize that we, including commissioners, are a constitutional democracy where we represent people. The Vice-Chairperson of the PSC, who is seated here, was nominated by our Jubilee Party. But she represents me as a constituent who voted for her. The Jubilee Party cannot whimsically remove her on flimsy grounds of misconduct without giving me an opportunity to have my say. Since the Minority Whip is agitated by his whimsical insinuations of misconduct, let me leave it at that.

Serjeant-At-Arms, if there are any Members who want to come in, please, allow them in because we have empty seats. Do not ask them the numbers they have been allocated. Those who were allocated numbers got tired and left. Hon. Pukose, do not hide! Please come in because there are many seats. Do not go to the Lobby. The Member for Igembe Central, you have the Floor.

Thank you, Hon. Speaker, for giving me an opportunity to comment on your Communication. I want to thank you for the few rulings you have made in this august House in the last two weeks. You have made a milestone and put a mark that Parliament is independent to make rulings that can make precedence and be referred to in future. Last week, you made an important ruling that was appreciated by Members. The leadership of the political parties had an idea of de-whipping Members from committees for gross misconduct. I do not know how big or small misconduct is. You made a serious ruling that Members have rights to be members of committees because they were elected by their people to legislate, oversee and legislate. Denying Members an opportunity to serve in committees would be unfair to the electorate and I thank you for that ruling. Today, you have made a ruling that the rule of law has to be followed. You have emphasized the need to follow the Constitution, Standing Orders, precedent rulings and court rulings. The leadership of the political parties should not just, out of arrogance, de-whip Members for flimsy reasons. The Members end up suffering while they swim in the glory of de-whipping them. These parties do not get numbers in Parliament through their names, but we are the ones who sell these parties in our constituencies. The parties’ names are engraved in the constituencies through us. 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.

So, we should be respected as party members. As my colleague has said, we are not appointed by the parties. We are the ones who make the parties be in the majority or minority side. So, we should be respected and our views also respected. Let me conclude by saying that, in the 11th Parliament, I suffered a similar fate in the hands of my former party. It de-whipped me unconditionally. I was not given time to even ask why, whereas the name of that party was never known in Igembe Central Constituency. It was I who had sold the party there. The little votes the party got there were through me. But the party went ahead and de-whipped me because I did not toe the line on what it wanted. It is unfortunate. Let us not have party leaders who are busy bodies and who try to push members as if they are non- entities in this august House. Thank you, Hon. Speaker.

The Member for Ugenya, you have the Floor.

Thank you so much. Hon. Speaker, I listened to your ruling and this is something you have given serious thought. Your ruling talks about two things which are very important to me. One, is the role of political parties in our democracy. Two, is the place of the Constitution in the governance of the country, so that fidelity is always to the Constitution and not anything else. I am also very happy that you have indicated that when you are the Speaker, you will never allow anybody, whoever it is, to breach the law for whimsical reasons. It is important that when political parties are asked to nominate, they must be careful how they do it. They must know that, as soon as they nominate, the power to remove does not come easily. It should be so. Even in this House, as Members of Parliament, we are elected by the people. But for them to recall us, there is a procedure. They cannot wake up and say: “Ochieng’, you are no longer our Member of Parliament.” That is why you have indicated clearly that you nominate and you will have power to remove. But for you to do so some procedure, clear parameters will be followed. This is very important. It is not just in the PSC where political parties play a role - they play a role in so many other things. That is why they need to understand that this role given to them is not a role that would make the persons they nominate to those positions answerable to them. No! They are answerable to the public. I disagree with those who think that your ruling is against political parties. It actually favours political parties’ hands in the sense that they nominate, but there will be parameters that will be followed. I thank you so much for the ruling and I hope that those concerned will follow the law. I hear people ringing the bell, saying they are giving notices. You must follow the law. Thank you.

I thought we should finish this. Hon. Baya, take one minute.

Thank you, Hon. Speaker. I would like to congratulate you for that very well-reasoned ruling. Secondly, probably you are the last person standing in defence of democracy and constitutionalism in this country.

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Having said that, I take two things from your ruling. One, you talked about the threshold and quoted Article 47 of the Constitution that strengthens democracy in this country. Not anyone else can just wake up one day and say: “Because you said this in this marketplace or funeral, we will get you out of a party or out of PSC or anything else.” The threshold is what will save this country. You can see what is happening in this country, where everybody wants to impeach a governor. This House should stand by the principle of constitutionalism that ensures fair administrative action and that meets a threshold that surpasses the normal talk on the streets. Hon. Speaker, I also want to congratulate you for another thing: raising the bar very high in terms of the ruling. I think you have gone even beyond what a high court judge would pronounce. You have gone beyond that.

Having pronounced that, we also hope the action that will be taken when Hon. Junet brings whatever he wants to bring to this House will be put under that same measure. It should go beyond the threshold. Thank you very much, Hon. Speaker.

Had I seen Hon. Pukose desirous of speaking? Hon. Abdisalan, you want to say something?

Yes, Hon. Speaker. I just want to say that delegation is by trust. When a party delegates a certain position to you, then the expectation is that you deliver to the expectation of the party. The fact that you betray trust, then the party must be in a position to act. Secondly, political parties are expected to… For example, if the Government of the day fails, the minority political party is expected to fit in the shoes of the Government. So, the political party must show a good example to the country. It must show a good example to the people. You must show a good example to whoever you lead, even at the household level. The fact that trust is betrayed is an indication that the appointing authority, which in this case is the political party, has all the rights to replace you. Discipline starts with oneself and should be observed across the board. I support your ruling. I was out there watching. I think it is a landmark ruling. Those other Jubilee commissioners, some of whom I cannot see here and who probably may not be singing to the tune of the party, will follow suit. For Hon. Aisha, we say goodbye.

Honestly, Hon. Members, all that I am saying is this: Even the Constitution, which we endorsed in 2010, provides for something called recall of a Member of Parliament. Article 104 provides for recall of the Members elected under Articles 97 and 98. But it is also provided that Parliament shall enact legislation to provide for the process of that recall. I am sure Hon. John Mbadi and Hon. Aden Duale, who were in the 10th Parliament, can give you a story about how the process of that recall was provided for in the Elections Act. You have seen many write-ups all over the place saying Parliament misread the intention, because according to them, Parliament made the process of recall so complicated. Those who had desire to have you recalled within the first year have given up. Hon. Duale, you want to say something?

Hon. Speaker, I am going to read that ruling. It is a very serious ruling. So, I will not say much about it. I am going to read it. Because there will be no Sitting tomorrow because of Covid-19, I will have time to sit at home and read it. 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.

But Members must be aware that the laws we make here cut both sides. When we were passing the Parliamentary Service Act, a majority of Members were not present. That was the day we missed it as political parties. It is we who passed that Section 10 of the Act, not the Speaker. We are the same ones who passed Fair Administrative Action Act. The irony, and I agree with Hon. Junet, is how political parties nominate and, just by a mere Motion we adopt in this House, we give you a job as one of our trade unionists. But to remove you, we have to climb Mount Kenya. For sure, I can say that Hon. Junet, whether you issue judicial orders or not, you have work cut for you. To be very frank, it is not a birthday cake that you can just get easily. However, as political parties, we will go back to the drawing board. Hon. Junet, you know we are legislators. We shall go back to the drawing board. We can even bring an amendment to the PSC Act. We can bring an amendment to it tomorrow. Since the President signed it into law, it is past six months. We can amend Section 10 of the PSC Act. We can also bring the threshold for approval. However, there are other things which I also picked. It is good that all that we do, we do it within the confines of the Constitution. Unlike Hon. Junet when he was de-whipping people, he used very heavy language which is a violation of the Constitution and gross misconduct. I advise our new Whip not to go that route. This is because to prove violation of the Constitution or gross misconduct, we will have to take a whole week. So, let us use light words like that the party which gave you a job has decided on this and that or that you have served us well, and now we want to give a chance to another Member. However, I think Hon. Junet, Hon. Mbadi and all those who are in the leadership need to go back to the drawing board. The Speaker has given a very good Communication. We need to read it word for word. We also need to read the one for last week. I tell Members, that it is not only the ruling of Hon. Speaker Muturi, but also look for the rulings of Speaker Marende, Kaparo and the other Speakers because they become part of our Standing Orders – precedence in terms of ruling of the Speakers. I think we are really happy today that … I think the one for last week was around 18 pages. Today’s Ruling was about 20 pages. Tomorrow, those of us who are interested should just pick a copy from Table Office. I will also ask the Clerk to send the Ruling, together with the other documents that you usually send us on Fridays, so that Members would not need to carry papers. If you do that, they can then read them online. I support.

Who is that Member that…Is that Hon. Janet Ong’era?

Yes, Hon. Speaker.

You look like Hon. Janet but with the mask, I am not sure.

Now, you are the one.

I do not have a card.

Every Member has a card. Hon. Janet, how comes you do not have one?

Thank you, Hon. Speaker for allowing me to speak before you. I was outside and I did not know I will enter the House. However, by God’s grace, I have. Thank you for allowing me to speak even thought I did not come with my card. I want to thank you for your sagacious ruling. It, indeed, has set a path for all of us. As you know, we are all creatures of political parties, including you, Hon. Speaker. There are very few Members of Parliament who are not creatures of political parties. I am a child of those political parties. If you see me very smart today as you can see – and I am always very smart - it 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.

is because of my political party ODM and my party leader Hon. Raila Amolo Odinga. My party has made me to be heard in this Republic as Hon. Janet Ong’era. A political party is a tool that brings us to Parliament. When that party nominates you to serve in the respective positions which you come there by virtue of being a Member of that political party, it is expected that you also carry the wishes and aspirations of that political party. Therefore, when you find that there are many who do not carry those aspirations, the best thing is to deal with them. That is why I support whatever Hon. Junet will be bringing before this House. If there are Members to be de-whipped, whether they are of a Constitution in nature, if you no longer serve the aspirations of your political party now, you have divorced it. Why do you want to be in that House? If you have divorced that house, you leave it. That is an honorable thing to do. For example, I am elected by this House as the Member of Pan African Parliament (PAP). I did not just get elected by chance! I was nominated by my party. The day that my party withdraws my nomination, even though I was elected by this House, I will bow out graciously. When you no longer have the aspirations of that political party, the best honorable thing to do is to withdraw your membership or even leave. With that, then you become an Hon. Member of Parliament. Lastly, I am a creature of political parties. I have run political parties for over ten years before I became a Member of Parliament. I was actually nominated on the basis of the work that I had done in a political party. There is much more that goes into a political party than just becoming a Member of Parliament. Out there, there are more people who are more loyal to a political party than a Member of Parliament. It is a privilege. When your party nominates you and gives you a ticket to run on its party ticket and you win; maybe, because of the euphoria or the brand name of that political party, then you come back and say I am elected. Therefore, because I am elected, I represent the wishes and aspirations of my people. You forget that you won that seat because of euphoria and brand of that political party. I thank you for your ruling. Indeed, it is really sagacious.

Hon. Members, let us just get to… You know this period of the year. You can say a few of these things when we get to the next business. Before I call for the next business, let us have the Leader of the Majority Party have the Floor.

Hon. Speaker, I beg to move: THAT, pursuant to the provisions of Standing Order No.30(3A), this House orders that should the time appointed for adjournment of the House be reached before conclusion of business appearing as Order No.8 on today’s Order Paper, the Sitting of the House shall stand extended until the conclusion of the said business. That business is the one on Committee of Supply. This morning we did very well. This matter is usually allotted six sitting days in an ordinary parliamentary sitting outside the Covid-19 pandemic. We are only sitting twice. After we have completed this Committee of Supply, we need to deal with the Appropriations Bill and the Finance Bill. We felt that, just like last week, if we go very fast, we might not even reach 7.00 p.m. However, in case we do, before concluding the last Vote, which is Parliament Vote 2043, I will ask colleagues that we finish Order No. 8 and the rest of the business we can do on Thursday, beginning with the Finance Bill (Second Reading) and the Appropriations Bill. This is so that by the timeline given in the PFM Act and Constitution, 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.

President will be ready to sign the Appropriations Bill and the Finance Bill by 30th June this year. So, this was a decision we reached at the House Business Committee (HBC). I will ask Hon. Junet, who is the Member of the HBC, to second.

Hon. Junet, have the Floor.

Hon. Speaker, I second.

Hon. Patrick Mariru

Hon. Patrick Mariru): We will get just a few members to speak to this, at most two on each of them. Let us start with Hon. Wangwe, what would be your seat number there?

Navakholo, JP): Thank you, Hon. Temporary Deputy Chairman. I am just happy as a member of the Departmental Committee on Agriculture 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.

Livestock that this year we have managed to allocate money for registration of farmers. This has been a nightmare for very many years. Once this money has been allocated, issues of corruption where there has been brokerage will now end given the fact that we will have farmers who are registered and known and it will now be easier for the Ministry to administer. Thank you, Hon. Temporary Deputy Chairman.

Hon. Patrick Mariru

Kathiani, WDM-K): Thank you Hon. Temporary Deputy Chairman. My concern is knowing that agriculture is a devolved function. I would like to ask this department to work closely with the county governments to ensure that we return agriculture to where it was where we had field officers that would advise our farmers. That is one of the reasons that we constantly have crop failure almost every year. In addition, I have heard the sum that you have read and it seems to differ from what I have in my Order Paper that is in the...

Hon. Patrick Mariru

Kathiani, WDM-K

Hon. Patrick Mariru

Hon. Patrick Mariru): Let us have just the Chair, Hon. Kanini Kega.

Kieni, JP

Let us hear Hon. Iringo.

Thank you, Hon. Temporary Deputy Chairman. I support the Vote, but I want to emphasise that this money be used to ensure that we have power supply in most parts of our rural areas. At the end of the day, we cannot industrialise without power. As we speak, most of rural areas that do not have power have many youths who are starting small businesses, but in the absence of power, it becomes impossible for them to progress. I thank you.

Hon. Kwenya.

Thank you, Hon. Temporary Deputy Chairman. I support this Vote because it will support one of the Big Four Agenda of the President. Indeed, from the foregoing of COVID-19, it is clear that we need to support our local industries. I hope all this money is not going to Recurrent Expenditure. We need to see the same going to addressing manufacturing concerns in our constituencies. I thank you.

Let us hear Hon. Gikaria. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Thank you, Hon. Temporary Deputy Chairman. It is sad that this is the Ministry that should be safeguarding the wellbeing of this country’s work force. We have so many complaints from our constituents in terms of union issues. The only thing that comes out clearly is that we do not have enough personnel at the regional level to address some of the complaints raised by workers. It is high time the Ministry looked at its workforce and tried to improve their numbers at their regional offices, so that they can work well. I think they are overwhelmed by the number of complaints and cases arising. The situation has reached a point where workers are suffering. It is important for this department to increase the number of its employees, so that they can effectively handle the many cases that arise. Just the other day, five supermarkets in Nakuru refused to have their employees register with a trade union. We need to handle this matter in a very critical manner. I thank you.

Order, Hon. Gikaria. Let us have a Member who has not spoken. Let us have the Member from Seat No.247.

Thank you, Hon. Temporary Deputy Chairman, for this opportunity. I thank the Government for allocating Kshs10 billion for senior citizens affairs in the last financial year. However, even though that money was released, many of our senior citizens are not getting it because of logistical problems. So, I urge the Ministry to put much effort and ensure that all senior citizens get this money. Secondly, I request that once the Bill is passed and the President assents to it, the money be released as soon as possible so that by the end of July, the senior citizens can get it. These citizens are facing many problems because of COVID-19.

Very well. Let us hear Hon. Nyenze.

Thank you, Hon. Temporary Deputy Chairman. I thank the Government for allocating this amount of money. I also thank the Departmental Committee of Finance and National Planning. My problem is on the management of this Vote. It is wanting because of the challenging times of COVID-19. Some senior citizens registered a long time ago, but they have not yet been considered. They have been waiting for a very long time. They also take too long to adjust their registers. I do not know why it is taking years to register new members. I think this is something that should be looked into.

Thank you.

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.

( Vote 1185 agreed to)

Hon. Members, there is need for balance and remember this is not an opportunity for extrapolated debate because we already had it. But let us hear from the Hon. Member.

Thank you, Hon. Temporary Deputy Chairman. As we welcome this allocation for the State Department of Wildlife, most of us are suffering from 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.

invasion by elephants in Laikipia and Mogotio regions. We also have the issue of snakes which are biting people. So, this department should consider compensating people who have lost their crops and those who have been bitten by snakes. Thank you.

Hon. Ichung’wah.

Hon. Temporary Deputy Chairman, I was trying to figure out whether the Member seated there is Hon. Mbui.

Yes, it is Hon. Mbui who is patient and diligent.

I was taking keen interest because there is something he raised in the morning in relation to money being allocated in this Budget relating to water, especially for drilling of wells, water pans and underground tanks. If you read the Report that was adopted by this House in our policy recommendations, Hon. Mbui will note that on Page 20, there was, indeed, a recommendation that the project on rehabilitation of wells, water pans and underground tanks in Arid and Semi-Arid Lands using locally available labour under the Kenya Post COVID-19 Stimulus Programme be taken to the agency that has the technical expertise, that is, the project be moved from the State Department for Regional and Northern Corridor Development to the Ministry of Water and Sanitation and Irrigation. This will also enhance efficiency in resource utilisation and remove duplication of projects by many agencies. Hon. Temporary Deputy Chairman, that is the issue Hon. Mbui raised in the morning that there seems to be a lot of duplication of projects in one State department versus the other and it was something that the Budget and Appropriations Committee captured in our Report and put it as a policy recommendation. I hope as we move to the Appropriations Bill, the National Treasury will put into effect this policy proposal to move the Kshs800 million that is under this State Department to the State Department for Irrigation under the Ministry of Water and Sanitation because they are the ones who have the expertise, as Hon. Mbui was saying in the morning, to undertake some of these projects. Therefore, just in replying to what had been raised in the morning by Hon. Mbui, I hope as we move to the Appropriations Bill, the National Treasury will take note of the policy recommendation which is the House resolution as adopted by the House from our Report. Thank you, Hon. Temporary Deputy Chairman.

Hon. Kimani Ichung’wah.

Thank you, Hon. Temporary Deputy Chairman. As has been read out by the Clerk-at-the-Table, you will realise that part of the money being allocated under this Vote is going towards political parties. Indeed, all our parliamentary political parties are public entities that are funded by the taxpayers. I was hoping the Chair of the Special Funds Accounts Committee or the Chair of the Public Accounts Committee (PAC) would be in this House because I have checked, and many of our political parties, as much as we are appropriating resources and giving them taxpayers' money, are not being accountable in the manner in which they are utilising the taxpayers' money. It is only the Orange Democratic Movement (ODM) that has been filing their returns and accounting for how they spend taxpayers' money. My own political party, Jubilee, for the last three years, has never filed any returns. We must be a House that appropriates resources and does the work that has been mandated under the Constitution to oversee Government and even those resources that we allocate to political parties where we are beneficiaries as Members or Parliament.

I, therefore, want to challenge the Chair of PAC, the Special Funds Accounts Committee and the Select Committee on Implementation, to ensure that the Registrar of Political Parties does her work to ensure that all political parties in this country, irrespective of whether a party is in power or not, are accountable to the Kenyan taxpayers. Long gone are the days when political parties were funded solely by contributions from members. They are now public entities and the reason why our 2010 Constitution allowed political parties to be funded by taxpayers was to enable our democracy to grow. Therefore, we can only be abdicating our responsibilities, as leaders in this House, to appropriate resources to political parties then allow people, as the Minority Whip was saying, to run political parties whimsically, the new vocabulary of using whims.

I, therefore, want to insist that the Chairs of the respective committees that oversee the Registrar of Political Parties must ensure that she gives this House reasons as to why some of these parliamentary political parties are not complying with the law.

Very well. Hon. Robert Mbui.

Thank you, Hon. Temporary Deputy Chairman. On this Vote, we have heard that part of this money will go into funding political parties. But you notice that during election time, political parties come into coalition arrangements so that they can win political power. In the last election, the National Super Alliance (NASA) was a coalition of five political parties and out of that, ODM won because they had the majority and ended up qualifying for these funds. I think it is important for the Registrar of Political Parties to look at the coalition arrangements and see whether other parties contributed to the win of one party, so that when the money is released, they can all share fairly. Thank you, Hon. Temporary Deputy Chair, for the opportunity.

Very well. We were to have only two Members but Hon. William Chepkut, if you could have a minute.

Hon. Temporary Deputy Chairman, it is true that I am the Vice Chair of the Special Funds Accounts Committee and our core mandate is to oversee political parties. I want to report to you that it is only ODM which has been filing returns. I also want to tell the Members that accountability is the basis for any meaningful achievement. We want 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.

value for our money. It is taxpayers' money. Therefore, being the Vice-Chair, I want Jubilee and all other parties to file returns. Thank you, Hon. Temporary Deputy Chairman.

Very well.

Hon. Nduati.

Thank you very much, Hon. Temporary Deputy Chairman. We have given the Teachers Service Commission (TSC) a lot of money to employ additional teachers. I want to request them to ensure that they employ headteachers and deputies. There is no need of employing more teachers who cannot be managed. It has been a challenge since last year. This is something that we have been following up with the TSC, but it has not been implemented. It is just a simple request.

Thank you, Hon. Temporary Deputy Chairman.

Hon. Wangwe.

Thank you, Hon. Temporary Deputy Chairman. We have given TSC money today. We ask them to make sure that they enforce the quality standards programme in teachers’ management. Let them not employ teachers, but fail to make follow-ups to know how they are behaving and performing all over the country.

Thank you, Hon. Temporary Deputy Chairman.

Very well. We had a rule of giving an opportunity to two Members to contribute. However, Hon. Kwenya, do you want to say something for a minute?

Thank you, Hon. Temporary Deputy Chairman. More than 10 per cent of our Budget will pay teachers. Indeed, we want to see value for money. I urge the Government to increase the number of teachers in our schools because the ratio of pupils to teachers or students to teachers is really wanting. This is something that needs to be addressed urgently.

On a point of order, Hon. Temporary Deputy Chairman. We are considering Vote 2101.

Which one did I read?

Vote 2001.

Let us keep going on. Let me repeat.

Leader of the Majority Party.

Hon. Temporary Deputy Chairman, as we approve the Vote that will go to the Office of the Auditor-General, we must go on record that it is very sad and unconstitutional for the country to stay without an Auditor-General. Apart from the oversight of the Legislature, the Office of the Auditor-General is a constitutional office. The Public Service Commission (PSC) panel must fast-track the recruitment and send the three names to the President. Before we go on recess, we hope that a name will be sent to this House for vetting and approval. The Auditor-General is in charge of this office. The rest of the staff who work there cannot sign anything. The Public Accounts Committee will be redundant very soon. They will have nothing to interrogate. So, I really want the men and women who are in charge of that selection panel to fast-track the recruitment of the Auditor-General.

I support Vote 2111.

Hon. Oundo. What is your seat number?

No.204. Thank you, Hon. Temporary Deputy Chairman. I also echo the sentiments of my colleague that having no substantive office holders under the Constitution is truly unconstitutional. As we commit these funds, we hope that they will be utilised for the purpose that they are intended because papers or reports which are prepared without being signed and taking effect are useless.

I support Vote 2111.

Leader of the Majority Party.

Hon. Temporary Deputy Chairman, I have a lot of interest in this office. I am a very sad man because the Controller of Budget is a constitutional office holder who is appointed under Article 228 of the Constitution.

Article 228(5) of the Constitution says that the Controller of Budget shall not approve any withdrawal from the public funds, unless he is satisfied that the withdrawal is authorised by law. This House must send a very strong signal to the Controller of Budget because of the kind of corruption that is going on in county governments. People are not being paid their pending bills. Those who are paid are told to pay 40 per cent of the money. If you owe the county government Kshs10 million, you are told to give them Kshs4 million and then they give you Kshs6 million. That is the kind of stage corruption has reached in our country. Devolution was supposed to develop our people and give them healthcare, water and roads.

So, the Office of the Controller of Budget was created to make sure that withdrawals from both the national and county governments are scrutinised. We are telling the new Controller of Budget that we cannot watch as this goes on. If a county government is not paying money, then do not give them money. Do not give them development funds. You can liaise with the National Treasury.

We are also telling the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) that you know where money is being stolen. You can look at the lifestyle audit of governors who five years ago, some of us were raising money for them. They did not have money for campaigns, but today they are multi-billionaires. This House has an oversight role and the Controller of Budget reports to this House through a quarterly report to the House. So, we asking the Controller of Budget, the substantive Auditor-General when appointed and all the independent officers to be at the forefront to protect the citizens of this country from rogue county governments, who do not want to pay their pending bills. I support.

Very well.

What is your seat number?

Hon. Temporary Deputy Chairman, as I share the comments of the Majority Leader, I also like to say that the Controller of Budget is making the work of the counties very difficult. We have to work out a way in which they can access funds on a regular basis. Most of the times, they get most of their allocations towards the end of the financial year. This is an area that we need to address, so that counties can function properly. They have not been able to pay salaries for a long time.

Can we start with Hon. Kimunya?

Thank you, Hon. Temporary Deputy Chairman. I want to make this comment, basically covering all independent commissions, this being the last. There was a reason why Kenyans, in their wisdom, set up these independent commissions. But eight years down the line, I am not sure most of these commissions have lived to the expectations that Kenyans had for them. I would like to ask that, perhaps, the disappointment of this House be recorded in terms of the progress or lack of progress by most of these independent commissions in terms of human rights, police oversight and administrative justice. It is time we undertook an audit. Eight years down the line, it is time we had an overarching audit on all these commissions to see whether they were necessary such that even at the next opportunity where we will have a Constitution overhaul, we can decide.

One of the things to be looked into seriously is whether these bodies deserve the money we appropriate to them. Are they serving the Kenyan people? Have they made the lives for Kenyans 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.

better or are they just there as retirement placements where people get appointed as commissioners, but we do not see what they actually do? I believe I speak for the rest of the House that we need to see value for money through the operations of all these independent commissions. For now, I support.

Before I give a chance to the Leader of Majority Party, let us hear from Hon. Oundo.

Thank you, Hon. Temporary Deputy Chairman. I just wanted to comment on the Independent Policing Oversight Authority (IPOA). In my understanding, the formation of this Commission was to place checks and balances on police operations. In the recent past, all of us have seen the excesses of police brutality in this country. During the first instance of the curfew, the police literally brutalised people all over the country. We hope the funds we have allocated to this Commission will be enough to allow them to record and document cases of police brutality so that they are acted upon. If we leave our police force unchecked, they are going to cause untold damage and all the amendments and changes we made through the new constitutional dispensation will be lost. Police are supposed to protect lives and not to brutalise and take lives away. Thank you, Hon. Temporary Deputy Chairperson.

Very well. Let us hear from the Majority Leader.

Hon. Temporary Deputy Chairperson, I am one person, I think with Hon. Amos Kimunya, who participated in the creation of these commissions in the 10th Parliament. There was a specific reason and I am sure the framers of the Constitution felt that these are independent commissions and they had specific functions. But let me come to the IPOA. The first Chair was Mr. Njeru, who is now a member of the Judicial Service Commission (JSC). I was in the 11th Parliament with many of the Members here where he profiled that Commission. He profiled it yet it used to protect the citizens against selective abuses of the police. Not all members of the National Police Service are bad, but there a few who abuse their UtumishiKwa Wote Motto. The IPOA was created to deal with such rogue officers. Since the beginning of the 12th Parliament, IPOA has been moribund. In fact, the committee that oversees this Authority must ask why we should give them money. They are supposed to be independent. They are only answerable through their annual or quarterly reports to this House. I really agree with Hon. Amos Kimunya that going forward, this House has an obligation to ensure that we oversee every penny that we appropriate for commissions, just the way we oversee ministries and other Government agencies. The IPOA, the Commission on Administrative Justice, the Ombudsman, the National Gender and Equality Commission and the Teachers Service Commission (TSC), among other public independent institutions, must be subjected to oversight. What Hon. Ouda said is true. We want to see IPOA officials in every village and wherever there are police excesses. I am sure that the Chair of IPOA, Madam Makori, is listening to me. It will not be business as usual. You and your commissioners must live up to the tenets of IPOA.

Hon. Members, the rule is that we must have two Members speaking to such matters, but allow me to open this one to a few more Members. Let me just have Hon. Ichung’wah and Hon. Alice. If you could take one minute each then we make progress.

Hon. Temporary Deputy Chairman, I also want to echo Hon. Kimunya’s sentiments. We have, indeed, seen commissioners of some independent 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.

commissions not only dancing to the tune of the Executive, but also dancing at political rallies. During the last Parliament when IPOA was under Commissioner Njeru, I had an occasion to interact with them when lawyer Willy Kimani was murdered by policemen. Were it not for the help that we got from the Law Society of Kenya (LSK) and IPOA, we would never have got to the root cause of lawyer Willy Kimani’s death. In this year, many more people have died out of police brutality than from COVID-19. The police are competing with COVID-19 and floods in terms of causing harm to Kenyans. How many officers have been brought to book? It is not enough for IPOA to just document cases of police brutality. You should document and ensure that decisive action is taken against police officers who abuse the rights of Kenyans and injure them. Therefore, I echo Hon. Kimunya’s sentiments that we must, indeed, as a House, hold these independent commissions to account for the money we appropriate to them. But even as we do so, as an oversight House, we must also question ourselves on the role that we play in overseeing the Government.

Very well. Hon. Alice, if you could have a minute, so that we can make progress.

( Off-record)

What is your seat number?

It is No.137.

Yes, there you go.

Thank you, Hon. Temporary Deputy Chairman. I want to take a slight diversion from the sentiments expressed by Hon. Kimunya and ask whether this particular House has the capacity or is capable of protecting independent commissions. Specifically, how much money have we allocated to these commissions? They have appeared before the Budget and Appropriations Committee, and their respective departmental committees. I know, for example, that the Kenya National Human Rights Commission is overseen by the Judicial Leaders Advisory Council (JLAC) and many times, they have only been funded for Recurrent Expenditure. Money for other programmes has been systematically taken away. That is why we are also failing, as a House. I agree with Hon. Oundo that IPOA has done an excellent job so far. The problem is that every time they ask for funding, they get very little money.

On a point of order.

What is your point of order, Leader of Majority Party?

IPOA has done very well!

Order, Hon. Alice!

You know the Leader of the Majority Party has the habit of interrupting me, Hon. Temporary Deputy Chairman.

Order, Hon. Alice! The Leader of the Majority Party is on a point of order.

Hon. Alice is a good friend of mine. I have nothing against her. I am only saying that I heard Hon. Oundo make negative remarks, that IPOA is not doing its work. However, Hon. Alice is saying that Prof. Oundo said that IPOA have done a good job. So, we need to put the record straight. Hon. Alice, I have nothing against you.

Hon. Alice heard…

My position is that IPOA had previously done a very good work. 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.

Underline the word “previously.”

Yes, I have added the word “previously.” There is an issue. Maybe intolerance within the Executive is the reason some of these commissions are not doing their work. I rest my case.

Hon. Members, as you would note, we are now done with the Executive arm of Government. We shall now go to the second arm of Government - the Judiciary. VOTE 1261 – THE JUDICIARY

THAT, a sum not exceeding Kshs17,423,436,000 be issued from the Consolidated Fund to complete the sum necessary to meet the expenditure (Recurrent & Development) during the year ending 30th June 2021 in respect of Vote 1261 (The Judiciary).

Yes, Hon. Hon. Ichung’wah.

Hon. Temporary Deputy Chairman, again, we are appropriating money to another constitutional commission. As Hon. Kimunya said, we must begin questioning the role of some of these commissions. I say this with a lot of respect to the Judicial Service Commission, particularly the Attorney-General of the Republic of Kenya who is the Government’s legal advisor. We know the small tiff that is there between the Executive and the Judiciary over the appointment of the 41 judges. You must ask yourself some questions. An Attorney-General who sits in the JSC interviews, recommends and even hires 41 judges, then turns around and advises the President not to appoint the same judges against the Constitution. We must be a House that upholds the Constitution and the rule of law in this country. I want to be categorical. What we are doing as a country by tolerating some of these things is courting anarchy. We must be emphatic. We must be clear and tell the Attorney-General that he is misadvising His Excellency the President. Let us allow the President to conform with the rule of law and the Constitution. If the Attorney-General had reasons why any judge should not have been appointed or interviewed, and if he had any adverse information against any judge at the time he 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.

sat in the panel interviewing the judges, he had all the liberty to avail that information. When this House is vetting officers, we advertise and ask people to submit memoranda. If memoranda is submitted, we consider them during the Committee on Appointments when we are vetting. Why was the same not done in the Judiciary? The Attorney-General should have advised the JSC then. I just want to say that I want to be on record that I stand with the CJ Maraga to the core on this one. Thank you, Hon. Temporary Deputy Chairman.

Very well. The Leader of the Majority Party.

Hon. Temporary Deputy Chairman, the former Chair, not yet the former, but on the way…

Order. He is the current Chair. I am not aware he is the former.

He is the current Chair. I said ‘in the process’ but he is still the Chair of the Budget and Appropriations Committee. I really want to support the JSC for the amount allocated to it. I will not speak the way the Hon. Member for Kikuyu has spoken. The Attorney-General sits in the JSC as one of the 11 commissioners. So, you cannot isolate him outside the decision of the JSC. I am sure, just like the Legislature, we ask all the players in the three arms of Government to always work harmoniously, to work together and work for the people of Kenya. I am sure we are not privy to anything against that unless the Member for Kikuyu is privy to some information we are not privy to because we are not members of the JSC neither are we serving the Judiciary. So, I want to tell him that in future, he is an expert on budget. He is an expert on parliamentary matters. He cannot be a squatter in the Judiciary and the Executive. So, let the Executive and the Judiciary resolve their issues. If the matter comes to the Legislature in which Hon. Alice Wahome and a number of us are Members of the Departmental Committee on Justice and Legal Affairs, we will deal with it. Let us not get involved in a matter that is outside the jurisdiction of the Legislature. Our business here is to give them money. There is no Motion that discusses the Attorney-General.

Hon. Oundo, if you could take a minute. You know I am breaching the earlier rules of just two Members just because I realise there is a bit of interest.

Thank you Hon. Temporary Deputy Chairman for this opportunity. As well, I do not want to go into the issues surrounding that, but only to mention that the JSC is an important commission. It regulates the operations of the Judiciary. Our concern like other concerns is the growing numbers of case backlogs that are affecting business and operations of many livelihoods. I request the JSC to seriously review the operations of the courts and the Judiciary to ensure that they expeditiously conclude cases so that people can live their lives. Five to six years down the line does not bond well for the administration of justice in this country.

Hon. Kamuren, one minute.

Thank you, Hon. Temporary Deputy Chairman. Mine is just to say that as we see the standoff between the JSC and the President, it means we need to amend the law so that we can give the President a fixed time in which to respond. The way the law goes through this Parliament, Bills become law if the President does not write memoranda after 14 days. For the case of the judges, we also need to look at it because it is becoming a standoff which is not very healthy for this nation. 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. Members, we are done with the second arm of Government. We will go to the third and final arm of Government which is Parliament.

Yes, Leader of the Majority Party.

As I support this Vote, I read somewhere, and I think it was my very good friend and lawyer who represented me very well in my petition, the famous Ahmednasir Abdullahi, who tweeted last week and said that the Judiciary has a certain number of staff and Parliament has 1,000 members of staff. He asked why Parliament is getting a certain amount of money. I really want to set the record straight. The staff of Parliament, including those who are working in our constituencies, are many. About 2,000 are working within the precincts of Parliament in Nairobi. Outside, in our constituencies, there are about 9,000. When you talk about Parliament staff working either for the Parliamentary Service Commission (PSC) and Members, they are close to 11,000. I want to make that correction that compared to the Judiciary, Parliament has 10 times its number of staff. That explains the bigger budget for Parliament.

Hon. Alice, you have the Floor.

Thank you, Hon. Temporary Deputy Chairman. As we call upon the other arms of Government and independent commissions to do their work, oversight and programme, this House must rise to its duty of oversight. As an arm of Government, the House must be allowed to function. Members of Parliament must take their independence seriously. It is a very difficult time for Parliament and Kenyans have been treated to a lot of activities around removal and clearance, like the old days. If the House is allowed to operate as a rubber stamp to the Executive, matters of public interest will be compromised. We are funded by The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

the Exchequer and we must allow Kenyans to hold us accountable. We point fingers at the other arms, but we have failed Kenyans in our oversight role.

Hon. Mbui.

Thank you, Hon. Temporary Deputy Chairman. I will not digress like some of my colleagues because in the Committee of Supply, we are dealing with issuing money to arms of Government. We are now dealing with Parliament and my comment will be specific. The PSC allows Members of Parliament to have staff in their constituencies. They are allocated money through the Exchequer. After every three months, there is delay in releasing the money. Every constituency is affected because of penalties from the Kenya Revenue Authority (KRA), the National Hospital Insurance Fund (NHIF) and the National Social Security Fund (NSSF). A lot of this money goes into paying penalties. When salaries delay, these staff go to the Members of Parliament to feed their families. As we pass this, the National Treasury should ensure that there is timely release in those three months.

Who is this Member with a mask?

Hon. Eve Obara.

You have been very patient the entire afternoon.

Thank you, Hon. Temporary Deputy Chairman. I want to support the allocated budget to Parliament. I want to be on record that there are certain proclamations made here that we have failed. I have not failed. We must be careful on certain statements that we make here. I speak on my behalf. It is not correct to say that we have failed in our oversight role. Maybe Hon. Alice has failed. I have not failed.

We must make progress on this.

Chair, Budget and Appropriations Committee.

Thank you, Hon. Chairman. It is not on that Vote, but under the Programmes, there is General Administration, Planning and Support Services and since this is a House of records, it is only fair that I make a correction on an inadvertent typographical error on the Schedule attached to the Order Paper today. Under Vote 2041, PSC, there was a figure broken down into Senate Affairs and General Administration, Planning and Support Services. The latter should be under Vote 2043. Under Vote 2041, PSC, there is only one 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.

Programme - Senate Affairs, that should reflect a figure of Kshs6,436,543,470. That is just for clean-up. Since we are a House of records, it is good to notify the House and the public of that typographical error. General Administration, Planning and Support Services is under Vote 2043. Looking at the Order Paper, the figures broken down were not to be that way.

Does it change what goes to that Vote?

It does not change what goes to that Vote.

Hon. Oundo.

Chair, I support the allocation. I want to ask the PSC to move with speed to complete the new building because some of us are eyeing to have offices there before we go home or hopefully when we come back. Our offices at Continental House are stuffy and it becomes difficult to work. I just want to appeal to the PSC to ensure that the building is completed in time.

Congratulations, Hon. Members. We are done with the final Vote for the three arms of Government on the Committee of Supply. Mover, you have the Floor.

Hon. Chairman, I beg to move that the Committee doth report to the House its consideration of the Budget Estimates for the Financial Year 2020/2021, and its approval thereof without amendments.

(Hon. (Ms.) Jessica Mbalu): Let us have the Chair to report.

Hon. Temporary Deputy Speaker, I beg to report that the Committee of the whole House has considered the Budget Estimates for the Financial Year 2020/2021, approved the same without amendments, and pursuant to the provisions of Article 221 of the Constitution of Kenya, Section 39 of the Public Finance Management Act, 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.

2012 and Standing Order 240, approved the issuance of Kshs1,887,661,995,757 from the Consolidated Fund to meet the expenditure for the National Government, Parliament and the Judiciary during the year ending 30th June 2021 in respect of the Votes as approved in the Schedule. Thank you, Hon. Temporary Deputy Speaker.

(Hon. (Ms.) Jessica Mbalu): Let us have the Mover.

Hon. Temporary Deputy Speaker, I beg to move that the House do agree with the Committee of the whole House in its consideration of the Budget Estimates for the Financial Year 2020/2021. I request the Leader of the Majority Party, Hon. Aden Duale, to second the Motion.

(Hon. (Ms.) Jessica Mbalu): Hon. Duale.

Hon. Temporary Deputy Speaker, as I second, I want to confirm to all and sundry that this is the budget-making House. If you want money and you are in the Judiciary, you have no choice, but to speak to the National Assembly. If you are in Parliament, your money is in this Assembly. I saw some leaders telling the Chief Justice that they would help him with the budget. Which budget? I want to thank the Budget and Appropriations Committee of this House and the departmental committees. From the day the CS tabled the Budget Policy Statement (BPS), to when report on the BPS was adopted, to when the CS tabled the Estimates two months to the end of the financial year, which were subjected to scrutiny by the departmental committees and the Report of the BAC adopted, and now, we have just concluded the Committee of Supply. The final phase is the publication of the Appropriations Bill. That sets the stage for this House to adopt that and for His Excellency the President to sign that Bill into law plus the warrants. The only role of the Senate is that after this House gives them the amount going to the counties, which is Kshs316 billion, their business is to allocate how much Governor Sonko will get and the much Anyang’ Nyong’o will get. If you are masquerading out there that you can give people money, then you are wrong. One of the key functions of the National Assembly is budget- making in addition to legislation, oversight and representation. That is why we are sitting here. You know there are people who do not know what the Committee of Supply is. Hon. Kimunya will explain to them. So, please, do not assume powers which are not yours. Your work is different. You can impeach a governor, we cannot impeach a governor. You must respect the demarcation of roles created by the framers of the Constitution, and we will not pretend. That is why I never commented about Anne Waiguru and her impeachment. I have no vote. I have no role. I have no business. So, please, stick to your lane. We are waiting for the County Allocation of Revenue Bill, which is very important, now that we have finished with the Estimates. The Senate is struggling with the formula. The formula has to come here. We are asking our colleagues in the Senate that once you finish with what you are doing now, please, finish with the County Allocation of Revenue Bill. We have no powers to amend it. For us to amend it, we need a two-thirds majority. We will just pass what you will have passed. Please, bring it. I beg to second and thank the House for sitting very late. This process takes six sitting days, but because of COVID-19, I want to thank the Speaker’s Panel, the Speaker himself and all of us for making sure that we have finished the Committee of Supply within two days. I thank everybody. I am sure next week we will go back to deal with the Finance Bill and the Appropriations Bill. 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 second.

(Hon. (Ms.) Jessica Mbalu): Let me give an opportunity to the Member for Kipipiri, Hon. Kimunya Muhinga.

Hon. Temporary Deputy Speaker, I want to record my appreciation, first to the Members who have sat through this session this afternoon. The main responsibility of this House is to appropriate money and to demand accountability. I would have expected the Chamber to be full as we allocate money. Congratulations to the Members who actually sat through this afternoon and, indeed, this morning. On behalf of the other Members who are not members of the Budget and Appropriations Committee, I wish to record our appreciation of the work that is being done by the Budget and Appropriations Committee, through these very difficult times, in taking the budget process to where it is today. I just wanted to ensure that, as I support the adoption of the Report by the House, the thanks of the House to the Committee and to the Members are also recorded. Members who have sat through this whole process are in acknowledgment of the fact that this is the biggest responsibility we have as a House. We also appreciate the staff at the National Treasury for the hours they put into this process. I wish everyone good luck as we go through the remaining phases of this process. Thank you, Hon. Temporary Deputy Speaker.

(Hon. (Ms.) Jessica Mbalu): Your appreciation is well received. Let us hear the lady Member who is standing, before I put the Question.

Hon. Temporary Deputy Speaker, thank you for the opportunity to speak. I want to correct Hon. Ichung’wah. I am not speaking because of gender balance. He is my friend, and I know he is quite gender responsive. I am speaking for the record and to contribute to the issue before us.

Hon. Temporary Deputy Speaker, I would also like to join my colleagues to thank the Member for Kikuyu, Hon. Kimani Ichung’wah, who is the Chair of the Budget and Appropriations Committee. I heard Hon. Duale digressing on a particular issue, but I would like to thank him and his Committee for doing a very good job. It is quite a lot of work. We must appreciate Members who work hard. Hon. Duale should also be let to do his work. He is excellent in his job. His execution is perfect. When I said oversight is necessary and Parliament must be given time, space and independence, my sister, Hon. Obara, took issue. It is true that sometimes we have done very well but it is also true and we must agree to be held accountable like we also hold others. Let us avoid pretense. When we have done well like we have done in this particular exercise, we want to commend but, when we have lost it and many times we have done that, let us agree that it can happen. Therefore, a call to good work, consistency, working under and within the law is really positive criticism. I am an ardent supporter of the independence of the Legislature; I an ardent supporter of the independence of our institutions and of course empowerment of women is key in development. Thank you, Hon. Temporary Deputy Speaker.

(Hon. (Ms.) Jessica Mbalu): The Member for Funyula, just make a comment. We are trying to confirm a few issues. Have the Floor please.

Thank you, Hon. Temporary Deputy Speaker. I will keep my comments very short. 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.

First of all, I would like to thank the Budget and Appropriations Committee and all Members of Parliament for the wonderful job we have done. The ball now lies with us, the Executive and all ad hoc commissions that we have given money to exercise prudent use of the funds, allow Parliament to offer oversight and give Parliament all the latitude it has to oversee. However, we must remember that many a times we have let Parliament down. Probably, we remember the often-stated cliché “the tyranny of numbers”. It is what has killed the independence of Parliament. Unless we go back and soul search ourselves, “the tyranny of numbers” will keep on escalating from one side to another and will abuse our parliamentary powers and privileges. I urge my colleagues as Hon. Alice Wahome has put it, let us soul search and find out our position in this political dispensation. As we protect our Constitution, we must always remember that we owe this country the first duty and probably, any other bodies or powers secondary duties. We must take care. When we gloat about tyranny of numbers, at one time the scale will tip to the other side. I wish everybody the best of luck. Thank you.

(Hon. (Ms.) Jessica Mbalu): Thank you, Hon. Member. I know all Members would want to say something. On behalf of the Speaker’s Chair and the Panel Members, we thank you for the cooperation that you have given us since morning. There are many faces from the Leader of the Majority Party, Hon. Mbui among others and many of you whom we have been together since morning doing the Committee of the Supply. Guided by the House and our own Standing Orders, I am not in a position to put the Question. It will be put during the next Sitting as per the Order Paper. Next Order.

Hon. Temporary Deputy Speaker, on behalf of the Chair, I beg to move the following Motion: THAT, pursuant to the provisions of Section 43(4) and Regulation 5(10) of the National Government Constituency Development Fund, 2015, this House approves the list of nominees for appointment to the following 38 Constituency Committees of the National Government Constituency Development Fund, laid on the Table of the House on Thursday, 11th June 2020: The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

(Hon. (Ms.) Jessica Mbalu): The Leader of the Majority Party, maybe, if I can give an input, if you could read the Motion as you go to…

I have read as it is: Embakasi North, Emurua Dikirr, Garissa Township, Emgwen, Kabuchai, Kajiado East, Kasarani, Kapenguria, Kinango, Keiyo South, Kimilili, Kisumu Central, Lamu West, Kitutu Chache North, Lamu East, Loima, Mogotio, Muhoroni, Makadara, Mandera South, Mwala, Mwatate, Nakuru Town East, North The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Mugirango, Ruaraka, Sabatia, Nyakach, Nyando, Nyatike, Subukia, Suna East, Saku, Starehe, Wajir South, Mbala mbala and Garsen Constituencies. I beg to move and ask Hon. Mbui, the Deputy Minority Leader to second.

(Hon. (Ms.) Jessica Mbalu): Hon. Mbui, please second.

Thank you, Hon. Temporary Deputy Speaker, I rise to second. The Leader of the Majority Party has ably enumerated what needs to be done. We are allowing the committees to be put in place so that they can serve the public. Without them, they cannot implement the projects under National Government Constituencies Development Fund. I second.

(Hon. (Ms.) Jessica Mbalu): Hon. Members, from where I sit, and for obvious reasons, I confirm that I am not in a position to put Question to Order No. 9 Motion. I order that it be put in the next Sitting as it would be in the Order Paper. Members, it is not yet time. The Leader of the Majority Party, we still have some seconds. Mover, I wanted a comment from you. However, before then allow me also to thank…

I beg to move.

(Hon. (Ms.) Jessica Mbalu): You beg to reply.

I beg to reply, sorry. This “to be former” has confused me.

(Hon. (Ms.) Jessica Mbalu): It has been replied and ordered that we put the Question in the next Sitting. Members, I also want to thank the Serjeant- At-Arms who are sanitising our seats and especially when Members leave. I have been watching and seen them sanitising the Speaker’s and Clerk’s seats. They have changed our masks as well. I can see the two of them in white coats ready to sanitise the seats. Thank you, for the good work.

( off-record ) and supplying masks!

(Hon. (Ms.) Jessica Mbalu)