Hon. Members, I wish to notify the House that, pursuant to the provisions of Standing Order 66(1), on the 17th of June, 2020, the Clerk of the National Assembly did receive a Notice of Motion from the Member for Nyali Constituency, the Hon. Mohamed Ali Mohamed, MP, notifying his intention to move a Special Motion for the removal of the Cabinet Secretary for Transport, Infrastructure, Urban Development and Public Works, Mr. James Macharia, EGH, in accordance with the provisions Article 152(6) of the Constitution and Standing Order Nos. 64(1A) and 66. The proposed Motion seeks the resolution of the House to require His Excellency the President to dismiss the said Cabinet Secretary from office on two grounds, which are: (i) Gross violation of Articles 10(1)(c) and 2(a) and 73 of the Constitution; and, (ii) Gross misconduct contrary to Article 125 of the Constitution. Hon. Members, from the outset, allow me to observe that I have previously guided this House on the processing of special motions for the removal of state officers, including on the thresholds that must be met and adhered to. Consequently, I will not attempt to restate my guidance. Further, as you are aware, every Member has the right under Article 152(6) of the Constitution and Standing Order 66, to move the House to remove from office the Cabinet Secretary. The Standing Orders require that before giving notice of such a Motion, under Standing Order 66, in the House, the Member must deliver to the Clerk a copy of the proposed Motion in writing, stating the grounds and particulars in terms of the said Article upon which the proposed Motion is made. The notice ought to be signed by the Member and signed in support by, at least, one quarter of all Members of the National Assembly, who are 88 Members of this House. Hon. Members, Standing Order 47(3) and indeed, my previous communication on this matter, requires that upon receipt of the proposed notice of Motion, the Speaker is to make a determination on its admissibility and dispose of the Motion within three days. The criteria for admissibility is provided for under Standing Orders 64 (1A) and 66, and the precedents contained 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.
in my previous communication on Motions and procedure for removal of persons from constitutional offices. In furtherance to the provisions of Article 259 (5) and (6) of the Constitution regarding the counting of time, today’s Sitting provides the earliest opportunity for me to make the decision on the proposed Motion known to the House, since three days ended yesterday, which was not a sitting day. In this regard, Hon. Members, I wish to observe as follows: (i) It is evident that the Motion proposed by the Hon. Member for Nyali Constituency has fulfilled the precondition of requisite support under Article 152(6) of the Constitution and Standing Order 66(1), having been supported by 90 Members who have appended their respective signatures alongside the Motion; and (ii) Whereas the Hon. Member has specified the particulars under each ground and also cited Articles 10, 73 and 125 of the Constitution as the provisions that the Cabinet Secretary has allegedly violated, the proposed Motion fails on one important requirement. Standing Order 64(1A) requires that a proposed Motion be accompanied by necessary evidence, including annexures or sworn testimonies in respect of the allegations. Indeed, the only way that the Speaker is able to make a determination as to whether the particulars provided under each ground may contain a gross violation of the Constitution or gross misconduct is by examining the evidence so provided in support of the allegations before approving the Motion. The Notice of Motion by the Member for Nyali Constituency lacks any annexures or sworn testimonies or any other evidence thereto. In the circumstances, I am unable to confirm whether the allegations contained in the Notice meet the threshold or, indeed, whether there is any nexus between the allegations and the role of the Cabinet Secretary as required by the Standing Orders. Hon. Members, to admit a proposed Motion that is not supported by any evidence of how, for instance, the Cabinet Secretary has grossly violated the Constitution by failing to conduct public participation in implementing policy decisions at the Ministry or allegedly failed to deliver on key infrastructure, as alleged by the Hon. Member for Nyali or even the alleged loss of Ksh5.2 billion at the Ministry of Health, would not only be a violation of the Standing Orders, but would amount to enjoining the House to go on a wild goose chase. Hon. Members, in view of the foregoing and pursuant to the provisions of Standing Order 47 (3) (a) and (e), it is therefore my determination that the proposed Motion by the Hon. Member for Nyali Constituency is inadmissible having failed to comply with the provisions of Standing Order 64 (1A)(c).
Consequently, the Clerk is hereby directed to formally communicate this decision to the Hon. Member. Hon. Members, it is also important to mention that I have received requests from a number of Members claiming to desire to withdraw their signatures from the Motion. The Hon. Members include Hon. John Paul Mwirigi, Hon. (Dr.) Makali Mulu, Hon. Charles Nguna, Hon. David Mboni, Hon. Nimrod Mbai, Hon. (Ms.) Edith Nyenze, Hon. (Dr.) Irene Kasalu, Hon. Thuddeus Nzambia, Hon. Joshua Kivinda, Hon. Moses Kirima and Hon. (Ms.) Nasri Ibrahim. May I restate the provisions of Standing Order 66 (4), which provide that any signature appended to a Motion of this kind cannot be withdrawn. 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.
It is expected that a Member of Parliament acclimatises himself or herself with the contents of a Motion or a notice thereof, before appending a signature. It may be remembered that the foundation of Standing Order 66(4), which is meant to provide a transparent process for actualising the provisions of Articles 144(1), 145(1) and 152(6) of the Constitution, was contained in my communication of 23rd October 2015 during the 11th Parliament. The Hon. Members and the House are, therefore, accordingly guided and advised, as we continue to hold other State officers to account, never to append signatures to something that you do not understand. I thank you, Hon. Members.
Hon. Members, pursuant to the provisions of Standing Order 42(1) of the National Assembly Standing Orders, I wish to report to the House that I have received a message from His Excellency the President, seeking the National Assembly’s approval of Ms. Nancy Janet Kabui Gathungu for appointment as the Auditor General, in exercise of powers vested in him by Article 229 (1) of the Constitution, Section 11(7) of the Public Audit Act 2015, and Section 5 of the Public Appointments (Parliamentary Approval) Act, 2011. Hon. Members, pursuant to the provisions of Standing Order 45, I hereby refer this message, together with the curriculum vitae (CV) of the nominee to the Departmental Committee on Finance and National Planning for consideration. Section 8 of the Public Appointments (Parliamentary Approval) Act, provides that the relevant committee of the House will consider the suitability, or otherwise, of the nominee and table its report for consideration by the House within 14 days from the date the notification of nomination is conveyed to the House. Hon. Members, noting that the House will proceed on a short recess on 3rd July 2020, in accordance with its calendar, the Committee is advised to expeditiously proceed to notify the nominee and the public, commence the approval hearings in good time, and table its report to enable the House to consider the matter within the statutory timelines. I thank you.
Let us have the Leader of the Majority Party.
Hon. Speaker, I beg to lay the following Papers on the Table of the House: Legal Notice No.102 of 2020 relating to the Judicial Service (Code of Conduct and Ethics) Regulations, 2020 and the Explanatory Memorandum from the Judicial Service Commission; National Government Budget Implementation Review Report for the First Nine Months for the Financial Year 2019/2020.
Very well. Next is the Chairman of the Departmental Committee on Administration and National Security, Hon. Koinange.
Hon. Speaker, I beg to lay the following Papers on the Table 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.
Reports of the Departmental Committee on Administration and National Security on its consideration of: (1) The Alcoholic Drinks Control (Amendment) Bill (National Assembly Bill No.70 of 2019); (2) The Prevention of Terrorism (Amendment) Bill (Senate Bill No.20 of 2018); (3) Public Petition regarding Establishment of Statutory Fund for Compensation of Victims of Disasters; and (4) Public Petition regarding State of Insecurity in Samburu North Constituency.
Hon. Speaker, I beg to give notice of the following Motion: THAT, pursuant to Standing Order No.33(1), I seek leave of the House to adjourn for the purpose of discussing the major achievement of the election of the Republic of Kenya to the non-permanent seat of the United Nations (UN) Security Council for the period of 2021/2022. Article 23 of the United Nations Charter provides for the election of 10 non-permanent members to the UN Security Council. In accordance with Rule 142 of the Rules of Procedure, the General Assembly elects each year five non-permanent members to the Security Council in line with regional and continental patterns. During its meeting held on 18th June 2020, the General Assembly elected Kenya to represent Africa as one of the non-permanent members of the UN Security Council. This is a major achievement for the country and a vote of confidence in the place of Kenya in global diplomacy and mutualism. This is against the background that Kenya was the official African Union-endorsed candidate for the position and will use this position to continue its pursuit for peaceful co-existence, women and youth empowerment, humanitarian action, justice and human rights, environment and climate change and sustainable development goals all over the world. Finally, it is for this major achievement and moment of pride for our country Kenya - and with your indulgence – that I seek leave for the adjournment of the House to discuss and express its seal of approval and congratulations to the country for such, with the guidance of the leadership of His Excellency the President, Hon. Uhuru Kenyatta, CGH.
I heard some applause. Is that an indication that the Motion has overwhelming support? 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.
Yes, Hon. Speaker.
Very well. I notice that the Motion has overwhelming support. I appoint that the House adjourns to debate that Motion after it concludes consideration of the business appearing as Order No.12 which is the Finance Bill. Anytime as soon as the House concludes the business appearing as Order No.12 on the circulated Supplementary Order Paper, it can debate the Motion for Adjournment. I hope that everybody has in their possession the Supplementary Order Paper. Very well. Next Order.
The first Question is by Nominated Member, Gideon Keter.
Thank you, Hon. Speaker. I would like to ask the Cabinet Secretary (CS) for Interior and Coordination of National Government: (a) Could the Cabinet Secretary provide an update on the level of compliance with provisions of Section 49 of the National Police Service Act and the Prevention of Torture Act by the police, given the recent surge in cases of police brutality and violent incidents in the country, taking into account the recent case of Mercy Cherono which took place in Nakuru County? (b) Given that Kenya is a signatory of the UN Human Rights Charter, what measures has the Ministry put in place to implement the recommendations of the UN Human Rights Council, Human Rights Watch (HRW) and Missing Voices Kenya in their Report on the death and disappearances of 77 people in Kenya this year alone due to police actions? (c) What steps are the National Police Service and the Independent Policing Oversight Authority taking to ensure reparation and compensation to the victims of police brutality and violence?
Very well. The Question is referred to the Departmental Committee on Administration and National Security. Noting that the Question is by Private Notice, Hon. Koinange, you need to prioritise that.
Thank you, Hon. Speaker. We request that we be given two weeks to answer the honourable Member.
Very well. The next Question is by the Member for Runyenjes, Hon. Eric Muchangi. Where are you dashing to?
Thank you, Hon. Speaker. I rise to ask Question No.074/2020 to the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works: (a) Could the Cabinet Secretary explain why the improvement to bitumen standards of Kyeni-Karurumo Road in Runyenjes Constituency has stalled since 2014? (b) Could the Cabinet Secretary also explain why the contractor of the said road has since left the site without paying the workers? (c) What measures are in place to ensure that construction of the said road is completed without further delays? This is not the first time I have raised this matter in the House. I would like to point out that there is a financial agreement between the European Union and the Government of Kenya that is supposed to expire next year. We face a possibility of losing an opportunity of getting a good road and an amount to the tune of Kshs250 million. Hon. Speaker, I wish that this matter can be addressed as quickly as possible because there is a matter in court concerning it.
The Chair of the Departmental Committee on Transport, Public Works and Housing, Hon. Pkosing, is in the House. I can see him. The Member has said that the contractor has left the site.
Hon. Speaker, you need to guide us. I promise to answer the Question in two weeks. You know what will happen next week on Thursday. However, I do not want to anticipate debate.
When you invite the Cabinet Secretary, you should also invite the Member, so that he can come and raise those issues that he is raising now so that when you bring the answer, he will not ask you supplementary questions which will require you to consult further.
I am well guided, Hon. Speaker. I oblige. I will invite him.
The next Question is by the Member for Mumias East, Hon. Benjamin Jomo Washiali.
Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order No. 42A (5), I rise to ask the Cabinet Secretary for the Ministry of Labour and Social Protection: (i) What is the criterion used in identification of elderly persons who benefit from the Cash Transfer Programme in the country? (ii) Could the Ministry consider ensuring that all the elderly persons aged 70 years and above are fully enrolled into the Pesa Kwa Wazee Cash Transfer Programme including more than 500 persons aged over 70 years in Mumias East Constituency who are currently not beneficiaries of the said Programme?
I thank you, Hon. Speaker.
Very well. Chair of the Departmental Committee on Labour and Social Welfare, Hon. Ali Wario.
Asante, Mhe. Spika. Tumesikia Swali. Tutatoa jawabu kamili baada ya wiki mbili. 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.
Very well. Next Question by the Member for Mwingi West, Hon. Charles Ngusya.
Thank you, Hon. Speaker, for giving me the opportunity to ask a Question. I would like to ask Question No. 076/2020 to the Cabinet Secretary for Defence as follows: i. Could the Cabinet Secretary explain why one Maj. (Rtd) Manzi Musyona Staff No. 17679, has not been paid his terminal benefits since his retirement from service in 2001? ii. Could the Cabinet Secretary also explain why his compensation for the unlawful termination from service and the cost of the Petition Vide Court Order No.51 of 2012 (formerly MISC APP. No. HCC 586 of 2006 – Major Manzi Luu-Vs -Attorney General) are yet to be paid? iii. Could the Cabinet Secretary give an undertaking regarding when Maj. (Rtd) Manzi Musyona will be paid his dues? Thank you, Hon. Speaker.
The Question is referred to the Departmental Committee on Defence and Foreign Relations. Hon. Katoo, do you want to give an undertaking as to how long you will take to respond?
Hon. Speaker, I will meet the same Cabinet Secretary for another issue tomorrow. We will get an undertaking but, hopefully, not more than two weeks from today.
Very well. The next Question is by the Member for Loima, Hon. Jeremiah Ekamais Lomorukai.
Thank you, Hon. Speaker. I rise to ask Question No. 077/2020 which is directed to the Cabinet Secretary for Lands and Physical Planning. (i) Could the Cabinet Secretary confirm whether Turkana County has been demarcated, surveyed and divided for purposes of settling residents of the county? (ii) Could the Cabinet Secretary also explain the progress, if any, of the process of ascertaining trust land and changing of land ownership from customary tenure to individuals, groups or enterprise ownership so as to ease the registration process? (iii) Could the Cabinet Secretary provide a list of all individuals and entities in Turkana County who currently have title deeds, and indicate when residents and other pastoralist communities will be issued with title deeds? 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.
(iv) What measures are in place to ensure that residents of Turkana County adequately access the services of the Ministry, particularly regarding safeguarding the interests of the community as provided for in Article 63 of the Constitution? Thank you, Hon. Speaker.
The Question is referred to the Departmental Committee on Lands. Hon. Rachael Kaki Nyamai, apparently, the Chair of the Committee is not in the House. The Question will be channeled through the Office of the Leader of the Majority Party. We will have the last Question by the Member for Marsabit County, Hon. Safia Sheikh Adan.
Thank you, Hon. Speaker. I want to propose free Deoxyribonucleic Acid (DNA) tests in order to make work easier for our judges and lawyers. These DNA tests will make irresponsible parents to….
What are you doing? Are you asking a Question or you are reading a Statement? The Order Paper indicates that you have a Question which is directed to the Cabinet Secretary for Health, but you are giving us other stories.
I want to ask the Cabinet Secretary for Health why we do not give free DNA tests….
Please, read the Question as it is. It will be easier.
Could the Cabinet Secretary detail the plans, if any, for ensuring that the cost of DNA tests in the country is made available and affordable….
You have suddenly become very inaudible. Is it the mask which is giving you problems?
Could the Cabinet Secretary detail the plans, if any, for ensuring that the cost of DNA tests in the country is made available and affordable, considering that various health facilities charge exorbitant fees for such tests making it difficult especially for neglected mothers to….
I cannot see without my glasses.
I do not provide glasses.
The main objective is to request the Department of Health for a free DNA test for poor people in rural areas all over the country because most of the children are being neglected by their able parents.
Now that is a story, Hon. Safia. How is it that you came without your glasses?
Can I give you glasses?
Is the Chair of Health in? Hon. Rachael Nyamai, what is it? I can see your hand up. 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. Speaker. I would like to thank you very much for giving me the opportunity to inform you that I was in the House. I was seated at the Lounge and I listened to the Questions that were raised by the Member from Turkana concerning land issues, survey and adjudication. I would like to say that I heard and the matter will be taken seriously by the Committee. I thank you.
When are you likely to respond?
Hon. Speaker, in two weeks.
The Chairperson of the Departmental Committee on Health, you are strolling in. Did you hear the Question?
Hon. Speaker, give me two weeks. I will also consult further and find details. If I find favour with you, it is now 30 minutes after, I request I get a place to seat.
Yes, Serjeant-at-Arms, after 15 minutes, if those Members who had indicated they want to sit in the afternoon do not show up, just allow any other Member who desires to come in. All these seats: Nos.327, 137, 238, 170, 162, 76, 151, 295, 229, 130, 224, 48, 208, 311, 112 and 105, are not occupied. Just allow those Members who are keen to come to the Chamber.
Next is the request for Statements.
I will always look with disfavor when a ranking Member does not make a request through their cards. Make a request. That is bad manners; even forgetting to carry your card is not excusable. The Hon. Paul Katana, the Member for Kaloleni.
Thank you, Hon. Speaker. Pursuant to provisions of Standing Order No.44(2)(c), I wish to request for a Statement from the Chairperson of the Departmental Committee on Labour and Social Welfare, regarding the cash transfer programme during the COVID-19 pandemic in the country. Hon. Speaker, in response to the COVID-19 pandemic, the Government of Kenya launched a cash transfer programme as a stopgap measure to help the elderly persons who have been affected by cessation of movement and curfew, in an effort to contain the spread of COVID-19. Thousands of elderly persons risk becoming destitute because the Government has not released funds or if it has, a substantial number of vulnerable persons are yet to receive the funds. It is against this background that I seek for Statement from the Chairperson of the Departmental Committee on Labour and Social Welfare on the following: What is the status of 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.
disbursement of funds for the beneficiaries across the country and who are the beneficiaries in each county? What is the mode or channel of disbursements to the vulnerable persons? I thank you.
Hon. Members, they say when you go to equity you must go with clean hands. So, if you have anything urgent you want to ask on intervention, you must carry your card. Do not bother to come to bend here. It is fair that you know that we are living in some interesting circumstances; we are still doing some further tests because of something we have discovered. Please avoid crowding around here. That is why you see it being fumigated when you stand because I do not know where you passed through. So, please, just keep your safe distance so that I also retain mine. The Chairman of the Departmental Committee on Labour and Social Welfare, Hon. Ali Wario, you have heard the request by Hon. Paul Katana.
Thank you, Hon. Speaker. I will give a comprehensive answer in two weeks.
Very well. Next request by Hon. Jonah Mburu Mwangi, Member for Lari.
Thank you, Hon. Speaker. I rise to request for a Statement regarding the lifting of an embargo and certain issues surrounding title deeds for Kinale Settlement Scheme in Lari Constituency, Kiambu County. Pursuant to Standing Order No.44(2)(c), I wish to request for a Statement from the Chairperson of the Departmental Committee on Lands regarding the lifting of the embargo and settling issues surrounding title deeds for Kinale Settlement Scheme in Lari Constituency, Kiambu County. Kinale Settlement Scheme was established in 1988 through a Presidential Order for settlement of the then Kinale Forest Escarpments Quarters, via Legal Notice No. 10 of 1988 dated 20th January 1988 and by de-gazetting about 3,522.7 hectares known as the Escarpments/Kinale/Block 1. The identification of the squatters and processing of their allocations was done under the leadership of the Provincial Administration. However, during the process, a myriad of problems emerged and the taskforce that was led by the District Commissioner indicated that initial title deeds issued by the President were 1,427 allottees as per the area list provided. Afterwards, another list of 1,526 allottees came into existence and by the time of the embargo, the scheme had 3,503 plots. In summary, 2,262 parcels were found to be clean while parcels with problems and disputes are 1,256. Among those with problems are 306 with missing parcel numbers in the Registry Index Maps (RIM) and 623 missing in green cards. Hon. Speaker, it is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Lands, on the following: 1. What is the status of implementation of the recommendations in the report by the Lands Administration Directorate? I have the report here which I will table. In regard to the lifting of the embargo on the titles of the Kinale Settlement Scheme in Lari constituency, Kiambu County, are there funds or budget for the same purpose of implementation? The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
2. What steps is the relevant Ministry taking to ensure that the 306 missing parcels and the 623 individual missing green cards are found and given to the rightful owners, and by when? 3. When will the relevant Ministry settle and conclude this matter with a lasting solution considering that the conflict between the residents occupying parcels of land and those with illegal title deeds has been persistent for 30 years? 4. What actions are being taken to secure and safeguard public land from being illegally acquired?
I hereby table the reports.
Are you tabling reports? Hon. Rachael Nyamai, that sounds mouthful. It looks like an investigation that can take quite some time because he has tabled documents.
Thank you very much, Hon. Speaker. The matter that has been raised by Hon. Mburu is quite heavy. We have already committed ourselves to respond to the matter of Turkana County in two weeks’ time. I would, therefore, request for additional two weeks, meaning four weeks, so that this matter can be responded to comprehensively. Thank you, Hon. Speaker.
I suggest that you invite Hon. Jonah Mburu to appear when the Cabinet Secretary will be responding.
I am much obliged, Hon. Speaker.
The Chairman of the Departmental Committee on Administration and National Security is to give a status report on Questions before his Committee. Do you have it ready?
Thank you, Hon. Speaker. Hon. Speaker, pursuant to the provisions of Standing Order No.42F, the Departmental Committee on Administration and National Security wishes to report on Questions directed to it during the half part of 2020. During the period under review, 13 Questions were referred to the Committee, out of which 12 were to be replied to by the Cabinet Secretary for Interior and Coordination of National Government, while one was to be replied to by the Cabinet Secretary for Devolution and ASALs. The nine Ordinary Questions were as follows: (i) Question No.005/2020 by Hon. Teddy Ngumbao, Member of Ganze Constituency, on the death of Margaret Shukrani Masha on 3rd February 2020 in Bamba Police Station cell; (ii) Question No.006/2020 by Hon. Robert Mbui, Member for Kathiani Constituency, on change of policy by the National Transport and Safety Authority (NTSA) from manual speed limiter devices to digital speed limiter devices; (iii) Question No.009/2020 by Hon. Peter Masara, Member for Suna West Constituency, on increased cases of insecurity in Suna West Constituency; (iv) Question No.026/2020 by Hon. Tom Odege, Member for Nyatike Constituency on recruitment, deployment and promotion within the Kenya Prisons Services; 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.
(v) Question No.028/2020 by Hon. Safia Sheikh Adan, Member for Marsabit County, in disarming and scaling down the number of National Police Service Reservists in Marsabit County; (vi) Question No.031/2020 by Hon. Jeremiah Lomorukai, Member for Loima Constituency, on flooding in Turkana County; (vii) Question No.032/2020 by Hon. Hilary Kosgey, Member for Kipkelion West Constituency on suspension of Constable Rebecca Moraa from the Kenya Police Service; (viii) Question No.043/2020 by Hon. Sakwa Bunyasi, Member for Nambale, on operationalisation of administration coordination units in Nambale as required by Kenya Gazette Notice No.5853 of 21st June 2017; (ix) Question No.045/2020 by Hon. Martha Wangari, Member for Gigil Constituency, on harmonised salaries programme for 1774 graduate police officers in the country, in line with the Employment and Labour Relations Court Order on Petition No.122 of 2018; and, (x) Question No.159/2020 by Hon. Charles Ong’ondo Were, Member for Kasipul Constituency, on Oyugis Town Location having a chief with no substantive Assistant Chief. The following two Questions by Private Notice were also referred to the Committee: (i) Question No.005/2020 by Hon. Godfrey Osotsi (Nominated Member) on
increased incidents of insecurity in Vihiga County; and, (ii) Question No.022/2020 by Hon. Kimani Ichung’wah, Member for Kikuyu, on
pending bills at the National Police Service and Prisons Service. Hon. Speaker, Question No. 044/2020 by Hon. Chachu Ganya on Uwezo Fund was inadvertently referred to the Committee instead of the Departmental Committee on Labour and Social Welfare and was accordingly redirected to the Departmental Committee on Labour and Social Welfare. Hon. Speaker, the following eight Questions were replied to: Question No.005/2020 by Hon. Teddy Ngumbao; Question No.006/2020 by Hon. Robert Mbui; Question No.009/2020 by Hon. Peter Masara; Question No.028/2020 by Hon. Safia Sheikh; Question No.031/2020 by Hon. Jeremiah Lomorukai; Question No.043/2020 by Hon. Sakwa Bunyasi; Question No.045/2020 by Hon. Martha Wangari, and Question No.005/2020 by Hon. Osotsi. Question No.006/2020 by Hon. Robert Mbui, Member of Kathiani, was replied to, but the Committee directed the Cabinet Secretary to provide additional information. The following two Questions were dropped, pursuant to provisions of Standing Order No.42C (5), when the Members who raised them failed to appear before the Committee for the replies without the Chairperson’s permission: Question No.022/2020 by Hon. Kimani Ichung’wah, Member for Kikuyu Constituency was dropped on 27th May 2020 and Question No.032/2020 by Hon. Kosgey, Member for Kipkelion West, was dropped on 11th June 2020. Hon. Speaker, the following Questions are pending before the Committee: Question No.026/2020 of Hon. Tom Ondege, Member for Nyatike and Question No.2241/2019 by Tom Olago Aluoch. These Questions came up for reply on 11th and 17th June 2020 but the Members in both occasions requested for postponement. Question No.059/2020 by Hon. Charles Ong’ondo 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.
Were, MP for Kasipul, was referred to the Committee on 18th June 2020 and is to be scheduled for reply in due course. The delay in responding to some of these Questions has been caused by the COVID-19 pandemic and is, therefore, regretted. The Cabinet Secretary for Interior and Coordination of National Government was to reply to the Questions on 19th March 2020 but the meeting was postponed indefinitely due to the outbreak of COVID-19 pandemic. Hon. Speaker, the Committee wishes to record its appreciations to Members who raised Questions and appeared before it to interrogate the Cabinet Secretary thus supporting this House in playing its oversight role over the Executive. The Committee urges them and indeed the entire House membership to keep the Questions coming. Thank you very much, Hon. Speaker.
That was just an update. Hon. Ichung’wah, your Question was said to have been dropped for non-appearance.
Thank you, Hon. Speaker. Indeed, it is that correction I want to make because I indicated to the Clerk of the Committee at the time I was invited to appear before it that the Question had since been overtaken by time. It is important that Questions are answered expeditiously and on time when they are asked. The Question was related to payment of pending bills. It had already been overtaken by events by the time the Committee was inviting me to get an answer. I had appropriated Ksh6.2 billion towards payment of pending bills for correctional services. I just want to correct that. You know I am a diligent Member of this House who would never fail to appear before Hon. Koinange’s Committee. Therefore, I indicated to the Clerk at that time that the Question had been overtaken by time since the money had already been appropriated. I would really urge the Chair to ensure that in line with the resolutions of this House in our Budget Report that correctional services department expeditiously moves to get exchequer approval and pay all those people who were owed. The Kshs6.2 billion was given and it is available to pay especially that old man from Kajiado who had delivered 200 head of cattle to the prisons department and has since gone bankrupt. Indeed, it is that old man who provoked me to come and raise that Question here. I am happy that the National Treasury moved and appropriated money towards that in the second Supplementary Budget that we passed in this House.
Hon. Junet, you appear as if your hand is up. You had already made a request. You did not have to raise the hand.
Thank you very much, Hon. Speaker. It is this COVID-19 problem. I wanted to remind the Chair emeritus, the former Chair of the Budget and Appropriations Committee, that how can the Chair of the Budget and Appropriations Committee then ask for payment of pending bills from another Committee when he is the one who had all the money? He is the one who was giving people money left, right and centre. He is just passing the buck. The money was with him. He should have just allocated the money and the battle would have ended there.
So, I am shocked that he is asking for money from another Committee. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Very well. The Chairperson of the Departmental Committee on Communication, Information and Innovation; I have indication that you were to respond to a Question by Hon. John Olago Aluoch.
Yes. Thank you, Hon. Speaker. I want to respond to the Question by Hon. Olago Aluoch, Member of Kisumu West. It is a Statement regarding the failure of the Cabinet Secretary of Information, Communication and Technology (ICT) to gazette the Media Complaints Commission members under Section 27 of the Media Council Act, 2013. The Cabinet Secretary for ICT, Innovation and Youth Affairs responds as follows:
Party leader! Party leader!
Hon. Speaker, protect me from Gladys Wanga and the others.
So that short cacophony had to do with the arrival of Hon. Athanas Misiko Wafula Wamunyinyi?
It is an interlude. I think he has gotten his applause. The members of the Media Complaints Commission were appointed on 16th September 2016 to serve for a period of three years pursuant to Section 29(4) of the Media Council Act, 2013. The members were eligible for reappointment for a further and final term of three years. As is the practice and procedure during their final year of the first term 2018/2019, the State Corporations Advisory Committee (SCAC) carried out a performance evaluation of the members of the Media Complaints Commission on 7th November 2018. Thereafter, SCAC submitted a report on its finding from the evaluation on 12th July 2019 to the members of the Media Complaints Commission. Upon expiry of the terms of the members of the Commission on 26thSeptember 2019, SCAC submitted a confidential report to the Cabinet Secretary with recommendations on whether or not to reappoint the members of the Media Complaints Commission or to commence fresh recruitment proceedings. Guided by the confidential recommendations received from SCAC, the Cabinet Secretary was to initiate recruitment proceedings for members of the Media Complaints Commission as envisaged under Section 27 of the Media Council Act, 2013. Owing to the cost implications of undertaking the entire recruitment exercise and given that the Ministry of ICT and the Media Council of Kenya had not factored this cost in the annual Budget for the Financial Year 2019/2020, it was found prudent to hold the exercise in abeyance pending allocation of funds from the Supplementary Budget II for the Financial Year 2019/2020 to commence the exercise. 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.
It is noteworthy that the Media Council of Kenya has also taken necessary steps to mitigate the absence of an active Media Complaints Commission via taking necessary administrative action in its capacity as a regulator in the media industry as well as encouraging parties to engage in some form of alternative dispute resolution in the first instance. This has gone a long way in preventing the creation of a backlog of complaints. The ministry has already received the allocation in the Supplementary Budget II. In readiness for the recruitment exercise, the Cabinet Secretary has already commenced the recruitment procedure anticipated by the Media Council Act, 2013 by requesting the editors envisaged under the Act to nominate members to the selection panel. I want to note that this has started. The gazette notice for advertisement is already out and the advertisement will be out any time this week or next week. The selection panel will have 14 days to do interviews and submit names to the Cabinet Secretary for recruitment. Thank you, Hon. Speaker.
Hon. Olago Aluoch.
Thank you, Hon. Speaker. I was furnished with a copy of the written response of the Cabinet Secretary. I want to state categorically that this response is most unsatisfactory in the following respects: The SCAC advised the Cabinet Secretary to reappoint the members of the Commission one year before the expiry of their term. He did not act on that advice until the last day when the term was expiring. He was advised even by the Commission Chief Executive Officer himself that the report had been received and they were willing to comply with it. The Cabinet Secretary refused to comply with that advice. Instead, he opted for the longer and more expensive route of gazetting the process and waiting for financial allocation for the process. As a result, for over one year, the Commission had not had commissioners. In paragraph 7 of the response, the Cabinet Secretary says that they have taken steps to mitigate the lack of commissioners. Section 6 of the Act is very clear that without the commissioners, the Commission cannot work. So, the result is that there are a lot of complaints pending awaiting the process. What the Cabinet Secretary has done could expose him or the Commission to judicial proceedings because he has ignored advice by the SCAC and the CEO of the Council itself. So, this answer is not satisfactory.
What would be your recommendation? I agree the answer may not be satisfactory for the reasons you have advanced. What would you suggest the Chair of the Committee does?
Since the Chair of the Committee has indicated that the process has been started, I cannot stop the process. I am telling the House that the Cabinet Secretary ignored advice. Even if we complete this process, he could expose himself to legal proceedings.
Very well. Hon. Kisang, you have the Floor.
Hon. Speaker, I want to inform the House that the process has already started and in 30 days’ time, commissioners will be in office. If the Member had information earlier, within that one year, the Committee would have done something. His Question came towards the tail end when the process had already started. If it came earlier, we would have intervened as a Committee.
Hon. Olago Aluoch. 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, the last part of my request was about other statutory bodies under the Cabinet Secretary that he has failed to gazette. He has not given any response on that. I am sure that the Media Complaints Tribunal is not in place up to now.
Hon. Olago Aluoch, you could start some process because the ping pong between you and the Chairman does not seem to help. Maybe a Question would give some quick answers.
Member for Lamu, Hon. (Ms.) Ruweida Obo, come to the Dispatch Box. Next time you come without your card... What is wrong?
Asante, Mhe. Spika. Alhamisi wiki iliyopita, niliuliza Waziri wa Nishati Swali. Uliamurisha Kamati ya Nishati ilijibu Swali langu leo Jumanne kwa sababu ya dharura. Kwa muda wa wiki mbili sasa, watu wangu wa Kisiwa cha Pate hawana stima. Swali langu halijajibiwa na sijapata mawasiliano yoyote. Mhe. Spika, naomba…
The reason I allowed you to do that is because I saw the Chairman of the Committee make some effort to come in and then decided to go back to the other place. He is now here. Chair, could you come in and respond to her Question, which was by Private Notice? Do not walk close to her. Keep distance.
Thank you, Hon. Speaker. We received her Question and forwarded the same to the Cabinet Secretary. The Cabinet Secretary will appear before the Committee tomorrow in the morning. If the Member will be around, she can come in and listen. We will give a response on Thursday.
Thank you, Hon. Speaker.
I noticed she decided not to listen to what you were saying.
I have heard.
The Cabinet Secretary will appear before the Committee tomorrow. Just find out where the Committee will be sitting so that your people do not keep suffering. That concludes Order No. 7. Before we move to the next Order, I want to go back to Order No. 5, for the convenience of the House, to allow the Leader of the Majority Party to table some Papers.
Hon. Speaker, I beg to lay the following Papers on the Table of the House: 1. Supplementary Estimates No. 3 (Programme-Based Budget) for the Financial Year 2019/2020; 2. Supplementary Estimates No. 3 (Recurrent Estimate) for the Financial Year 2019/2020; and 3. Supplementary Estimates No. 3 (Development Estimate) for the Financial Year 2019/2020.
I hope the National Treasury is aware that the Financial Year ends on 30th June. Next Order.
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Leader of the Majority Party.
Hon. Speaker, I beg to move the following Procedural Motion: THAT, noting the recent changes in the composition of several Committees of the House, particularly those occasioned by the changes originating from the Majority Party, appreciating the need for further consultations and pursuant to the provisions of Standing Order No. 256 (Exemption of Business from The Standing Orders), this House: – (a) resolves to exempt the filling of the vacancies and the election of Chairpersons and Vice-Chairpersons to the various Committees from the provisions of Standing Order 173(3) (Filling of a vacancy in a Select Committee within 14 days) and Standing Order No. 179(2) (Filling of a vacancy of a Chairperson or Vice Chairperson of a Select Committee within seven (7) days); and (b) orders that the filling of the said vacancies in Committees and the election of Chairpersons and Vice Chairpersons be concluded within thirty (30) days from the date of this resolution. Hon. Speaker, as Members would be aware; Standing Order No. 179 provides that whenever a vacancy arises in the offices of the Chairperson and Vice-Chairperson, the Clerk shall, within seven days, appoint a place and time for the meeting of the committee to elect a Chairperson or Vice-Chairperson. I believe such communication has already been sent out to comply with your earlier ruling. Similarly, Standing Order No. 173 provides that a vacancy that has been occasioned by resignation or removal of a Member from a Select Committee shall be filled within 14 days.
Hon. Speaker, when these Standing Orders were being formulated, they did not envisage a situation where the discharged Members include quite a big number of people that may call for a reconfiguration of several committees which requires time and consultation within the various parties. As we are aware, much as several changes have taken place within the Majority Party, there are changes that are imminent within the Minority Party. Instead of taking Members through several elections and those elected are not even Members of that committee, say, a week later, we need to give Members a timeframe and stability within the Committee. We must ensure that Members who take part in an election of their Chair or Vice-Chair are people who continue with that Chair or Vice-Chair. We do not wish to have several changes where you meet today to elect a Chair and tomorrow, Members are changed. It is a mixed hush-hush. Hon. Speaker, as you are aware, I took office this morning. One of the committees I am supposed to chair is the Committee on Selection. The names that the whips would have generated should have come through the Committee on Selection then the Committee reports to the House Business Committee which is supposed to authorise a Motion to come before this house to approve the names before people can go to conduct elections. So, there is a process. Given our sittings are limited, ordinarily tomorrow we would have had two sittings, as such, we could have processed it tonight, we sit tomorrow morning and afternoon then on Thursday Members go to do elections. The next sitting will be on Thursday. So, even if the whips were to give names to the Committee The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
on Selection today, then the Committee sits tomorrow, still we will not have been able to report to this House on Thursday to facilitate elections on the same day. Realistically, it is not practical to hold elections within the deadlines that were envisaged in your ruling. For us to do justice to the membership of this House and reconstitute the committees, I would urge the House to make this resolution of exempting the provisions of those Standing Orders, so that the whips have enough time to look through their committees and reconfigure them. There are Members who want to be shifted, others who do not attend and others who have been discharged. They are supposed to balance this so that it is in accordance with the Standing Orders and the requirements of the Committee on Selection. It is against this background that I appeal to Members to make this resolution, so that we have adequate time for consultations and bring to this House the right names. After that, Members themselves will sit in their Committees and elect their Chairs and Vice-Chairs without changing them after that. I beg to move and ask my counterpart, the Leader of the Minority Party, C.P.A. John Mbadi to second.
Thank you, Hon. Speaker. I want to thank the Leader of the Majority Party who has taken up his Job with a lot of vigour, I appreciate it. I want to second and support his sentiments. In the history of this country – I stand to be corrected – that I have read, I do not think that there is any other time that changes have been made in the committees of this House with the magnitude of the proposed changes that have been made on leadership of various committees. The Majority side has been leading most of the committees. They are supposed to make 16 changes if I am not wrong. For us to conduct this exercise in a seamless manner and in a manner that once they are done, there will be no interruption of business in this House because Committees are critical, especially with the coming into place of the 2010 Kenya Constitution, we have to adopt this resolution. We want a seamless process. So, I support that we allow more time and one month is ideal. We may do it before one month but, one month is sufficient and ideal. As the Leader of the Majority Party has pointed out, he is the Chair, by operation of the Standing Orders, of the Committee on Selection. He officially took up that responsibility this morning. Therefore, he has not had the opportunity to even convene a meeting. He cannot convene it until he receives names from both the Majority and Minority Whips who in consultation with us will generate those names. Therefore, this House needs to allow us time so that when we reconstitute these committees, we will not hear Members complaining. There will be a reason if you are removed from one committee to another. There will be a few changes from the Minority side. I am sure my Whip is working on a few changes. We may not do it in the magnitude that we had earlier announced because some of our Members have come back to apologise and are now toeing the line. It is human to err. If you err and you come back and tell us pole or I am sorry, we will forgive you. Many of those Members who initially had been marked for de-whipping and discipline, we have reconsidered our position on them. The few who are chest thumping that they own parties which exist in their minds will face the wrath of the leadership of serious parties. Those who have come back to say they are sorry, we will forgive them and they will continue serving the people of Kenya, their constituents and everybody in their committees. I second the Motion.
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( Question proposed)
Put the Question.
Very well. I will find out about that. Since I can see a few Members who are interested, I will allow two or three comments. That Member, the one raising two hands now.
Who is that? It is the Member for Gatundu South.
Hon. Speaker, we are learning very fast the ways of opposition. So, it is only fair for the newcomers in Government to give us a chance to do what they were doing when they were throwing water bottles and stones in this House.
Relevance, Hon. Member.
Hon. Speaker, it is not just a question of replacing Members. Some of these committees are important. The Budget and Appropriations Committee is now without leadership. For some of us who have vacated our positions, we were not there like school boys. We were doing some work. We want to do some handing over. Where are the people to hand over to? You can come and remove whoever you want to remove thereafter, but do not – for the sake of the oversight role of this House – allow committees to go, even for one day, without leadership. I beg to oppose.
Hon. Otiende Amollo.
Thank you, Hon. Speaker. I stand to support this Motion. Sometimes it is important to go on very clear record. If you carefully examined the very reasons you are opposing, you might find they are the very reasons we are supporting. Hon. Speaker, you gave your directions on this matter on 18th of this month. Indeed, in complying with the Standing Orders as cited by the Leader of the Majority Party and the Leader of the Minority Party, and your own directions, it is quite consistent with such a request. We must go on record that we are supporting the Motion not because of anything like newfound unity, but because it is the right thing to do for this House to proceed properly. First of all, under Standing Order 179, it is important to know that although the interpretation has been put by the Clerk to constitute this meeting within seven days, a clear reading suggests that it is the date that should be fixed within seven days, not the meeting itself. There is a distinction in Standing Order 179(1) and (2). Standing Order 179(1) says that there shall be fixed within seven days. That is the original composition. But under Standing Order 179(2), when there is a vacancy or one has been removed, it is the date that must be fixed within seven days, not the meeting. It is important to get those two interpretations right. The Standing Order that fixes the meeting, as you pointed out last week, is Standing Order 172(2), which says that the meeting shall then be convened within 14 days. So, as a matter of fact, the request which is very well placed is a request to allow us time beyond the 14 days. From 14 days to 30 days is not a long time. It is also interesting to note that whereas Standing Order 256, which the Leader of the Majority Party has pointed out, allows us to do this, Standing Order 256A allows us to go even further. Under Standing Order 256A on extension of time, as long as there is a Motion and we have resolved, we can take any period. Standing Order 256, which is the one he has cited, clearly contemplates that paragraph (2), under which this debate falls, is one that can invite an extension. It is important that we put it on record that this extension is quite necessary under the exceptional circumstances that are contemplated. What are these circumstances? The Leader of the Majority 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.
Party is only on his first day in office today. He is also the one to chair the very meeting that is supposed to conduct this reconstitution. He cannot possibly do it within a day. Two, we are living in COVID-19 times. Everyone knows that these are exceptional circumstances. More importantly, to have unity of purpose where the Leader of the Majority Party moves a Motion and the Leader of the Minority Party supports, know that a lot of thinking has gone into this. Hon. Speaker, I support.
Member for Murang’a.
Thank you, Hon. Speaker. I stand to support the Motion. Even if you want to be the opposition, it is good not to oppose for the sake of just opposing. The Leader of the Minority Party has given clear reasons why he finds it important that we extend the time. We also want to ensure that by the time we are approving Members to Committees, we do not have a confusion. I would want to beg this House to support the Motion, so that we can organise committees for us to serve the people of Kenya. I support, Hon. Speaker.
Member for Kiminini.
Thank you, Hon. Speaker. I rise to support. One important thing that we need to know is that the bulk of parliamentary work is done in committees. My humble request, as pertains to Standing Order 179 on election of chair and vice- chair, is that we must look at competence. It is not a must that the chairpersons must come from the Majority side. We should also have room for the Minority side if they can demonstrate competence to also be given an opportunity to chair some of these departmental committees. We have seen problems. Sometimes back we had issues with many chairpersons of committees. As we elect respective chairpersons, let us elect people who are committed to the business of this House. Again, in the spirit of the handshake, let us not just give all the opportunities to the Majority side. If there is somebody in the Minority side who can do well for the sake of moving forward as a House, let that person be given an opportunity. I want to congratulate Hon. Kimunya. I can see he is a fast learner. I am very impressed. I have been on the Committee on Selection before and the Chairperson of the Committee has been the Leader of the Majority Party, but I do not know why the Vice-Chair was not the Leader of the Minority Party. I was only on one committee because it was a requirement that if you are in a leadership position, you can only be in one committee. I was only on the Public Investments Committee (PIC). Now that I have been kicked out of leadership, I want another committee. I am actually requesting.
I thank you, Hon. Speaker. I support.
There is a Member at the corner there, but I am not able to recognise him. Oh, Hon. Kioni. Sorry, masks are making it very difficult for me to identify some of you.
Thank you, Hon. Speaker. I appreciate the difficulties of picking out faces and especially when I am this far. I stand to support this Motion and also congratulate my neighbour, Hon. Kimunya, on this very crucial appointment. I appreciate the need for 30 days. It is also important for the team to realise that when you extend it beyond a reasonable time, you will also be opening yourself to unnecessary social media lobbying. In addition to that, Hon. Speaker, there is a ruling that you made two weeks ago on a matter that had been raised by Hon. David Ochieng’. Against the background of that ruling, chairpersons 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.
of Select Committees - and I am one of them - have kind of missed out on the oversight role, especially in the budget-making process. Select Committees are not quite involved in the budget- making process. Our Members are involved in the process because they are in more than one committee, but those of us who are chairpersons, literally you feel like there is something more you can do. I am asking that against that background, that matter be relooked at so that those chairpersons can also be allowed into departmental committees to play their oversight role. On top of that, I think it is also the time the Leader of the Majority Party and the Leader of the Minority Party addressed the issue that some Members are on one committee while others are on three committees. These irregularities need to be sorted out now. I do not think there would be any reason why we would want to move ahead with the excuses that we have had in the past. Hon. Speaker, I support with those few remarks.
Member for Homa Bay County.
Thank you, Hon. Speaker. I rise to support this Motion. Committees are structured in such a way that there is a chairperson and a vice- chairperson. In the absence of the chairperson, the vice-chairperson can carry out duties of the chairperson within that committee. So, Kenyans should know that even if a chairperson is not on a committee anymore, the committee is still continuing with its work. The Standing Orders contemplate a situation where the chairperson may not be there and the vice-chairperson then takes over. That is why there is a quorum for committees. The absence of one member does not stop the committee from continuing with its duties. When the time comes, all the chairpersons will be able to hand over whatever files they have to the new chairpersons. But it cannot be said that committees are not functional just because the chairperson or the vice-chairperson or one single member is not there. Let me take this opportunity to congratulate the incoming Leader of the Majority Party and wish him well in his new responsibilities. Thank you, Hon. Speaker.
Hon. Members, the fairest way is that when you hear one side, you hear the other side. There is always the left side and the right side of the Speaker. Because we heard from the left, we will go to the right. Hon. Sheikh Amin.
Laikipia East, JP): Thank you, Hon. Speaker. I rise to support this Motion. One thing that is clear is that these changes have been envisaged as a result of whipping and de- whipping of Members by the party leadership. A period of one month will enable them to reach out to the leadership of various parties, and particularly the leadership of the House, so that they can look at the critical membership of various committees. I think the one month period that has been provided will give Members time to reconcile with their parties and the party disciplinary committees, so that they maybe de-whipped or may have to explain themselves, like in the case of the Members for Gatundu, Kimilili and others. Further to that, I seek the indulgence of the various Whips to consider the disparities that have been in existence. There are certain Members who sit in three committees while some sit in only one committee. That disparity has been there for the last three or two-and-a-half years that we have been in this House. So, I advise the various Whips to critically look at the disparities that exist in the membership of committees. I urge the Whips to also consider one’s experience so that they place individuals with expertise in certain disciplines in committees they can offer relevant 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.
technical service. I urge the two Whips to seriously look into the memberships and see what each Member can offer in the various committees. With those remarks, I support.
Hon. Members, as you may have noticed, that was merely intended to buy some time so that we can go into business. Opposing verbally or by vote amounts to the same. We are through. We want to go to business.
Put the Question!
Hon. Members, we are through. It is nothing really. There is a notion that I first of all want to correct. There is a false impression created, and this has been captured in the contribution made by Hon. Wanga. Standing Order No.170 says that if the chairperson of a committee is not present, the vice-chairperson takes over. If both are absent, the Members elect one of their own to chair. Why is it that you feel inadequate? Maybe, you are in the wrong committee. If you cannot even offer yourself to be a temporary chair, then maybe that is the more reason why we require some more time. That will enable both Hon. Junet and Hon. Wanga to look into these matters.
Hon. Speaker, I beg to move the following Procedural Motion: THAT, notwithstanding the provisions of Standing Order No.120, this House resolves to reduce the publication period of the Appropriation Bill (National Assembly Bill No.19 of 2020) from seven days to four days. Hon. Speaker, the Appropriation Bill, No.19 of 2020, is basically the Bill which will enable the Government to spend money from July, 2020. The import of reducing the publication period from seven days to four days is to enable us to process this Bill before 30th June, which comes next week. If we do not reduce the publication period for this Bill, it basically means that the Government, including this Assembly, constitutional offices and independent commissions will not be able to spend money come 1st July 2020. Hon. Speaker, I beg to move and request the Leader of the Majority Party, Hon. Amos Kimunya, to second.
Amos Kimunya, have the Floor.
Thank you, Hon. Speaker. I beg to second that we reduce the publication period. Again, Members will appreciate that the Appropriation Bill is basically a reflection of what we have been discussing all the way since February. It is nothing new. We approved the schedules and the Appropriation Bill is a representation of the same schedules that we approved the other day. If it were in the old days where they were not discussed with the same level of detail, then it would have been necessary to publish this Bill for a longer period, so that people can look at it. Perhaps. we should consider changing the publication period in the future because under the current dispensation, seven days are not necessary. We should even be able to move from report to appropriations immediately. 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 request Members that we grant the prayers of the Mover to enable the Appropriation Bill to go through and, hopefully, we have the Appropriation Act in the next couple of days and, certainly, beat the constitutional deadline. That way, this House will have lived to the expectations of Kenyans. I beg to second.
Again, this is a Procedural Motion.
The Member walking is walking in with such a swag!
Member for Dagoretti South, it must be? Yes, I suspected as much. Now, Honourable Members, on the business appearing as number 11, earlier on the Question as to agreement with the Committee of the whole House regarding the Finance Bill (National Assembly Bill No. 10 of 2020), subject to recommittal of New Clause 28A had been agreed to. Therefore, before we put the Question, the Chairman of the Departmental Committee on Finance and National Planning has given indication that he wants to further move for re- committal yet another clause. Is that correct? Hon. Limo, proceed.
Kipkelion East, JP): Yes, Hon. Speaker. I beg to move: THAT
Do you have a seconder for that? 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.
Yes, Majority Leader to second.
Hon. Kimunya, do you want to speak to it?
Kipipiri, JP): Yes, Hon. Speaker. I beg to second because I think it was an oversight at the point of processing that the two clauses were supposed to be committed and perhaps in the rushing to beat the 1.00 O'clock deadline, we finalised one and the other one was left in abeyance. Therefore, that is why we are doing it as a further amendment when they should have been done concurrently. I do not think there is a big issue on this one. I second and wish that the House processes this fast enough so that we can move onto other business.
On a point of order.
He was just seconding the Motion for re-committal. It was amendment to the Motion. Let me just read it so that I then propose: THAT
Very well. Hon. Ichung'wah.
Kikuyu, JP): Thank you, Hon. Speaker. I rise to oppose that re-committal. I spoke during the Second Reading of this Bill. In addition, I indicated in part of my contribution that one of the reasons I was in support of the Committee's recommendations to zero- rate unga was because we had zero-rated bread and milk. I have seen the proposed amendments that the Chair intends to move which would be to create a provision where we are only zero-rating these for a period of six months during the COVID-19 period, which is a good thing. However, the Chair might have some wisdom that Cabinet Secretary (CS), Mutahi Kagwe might not have to tell us how he intends to end COVID-19 within the next six months. I indicated that Kenyans are crying out to us as their representatives that they send us to this House to represent them as they are being taxed. If we are zero-rating tax on milk that Kenyans can do without a cup of tea and without milk and do black tea… There are people who do without bread but the Kenyan people will not do without unga. Let us listen to our people. Hon. Speaker, I pleaded during the Second Reading that we listen to the cries of our people who are telling us "we have no food, we cannot breathe!" I would really beg that we allow the zero- rating of unga to continue until June 2021. This House will still be in session. I hope that the Chair will still be the chair. The Leader of Majority Party will still be the Leader of Majority and so will the Leader of Minority and Minority Whip. God willing, Inshallah! That being so, I am hopeful that by June next year when we have this Finance Bill again and probably by February or March, nothing stops this House from coming to legislate again. However, for now when our people are crying, let us not subject them to any more taxation on something as basic as unga . I would beg that we do not support this recommittal and we maintain what we had passed. It is not true what the Leader of Majority Party is saying, that it was an oversight. He was seated here and I was seated here. We were very alert. I was so alert to ensure that I protect the Kenyan people against further taxation because they are still crying, "we have no food!"
Thank you, Hon. Speaker. As I support the re committal, I just want to be very clear and say a few words. First, when it comes to matters 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.
stomach, people get so emotional. Today, listening to Hon. Ichung'wah, I am shocked because just the other day he was against the idea of reducing taxes, saying that we should tax, and use the money to feed the hungry. However, Hon. Speaker we need to be clear on what this House wants to do. What is the situation as it obtains? The situation as it obtains is that unga is exempted. Now, the option that is going to be available is to zero-rate it for six months during this COVID-19 period. Between exempt and zero-rating, zero-rating is better. Now, what we are trying to do is to make consumers enjoy lower prices - and I am putting it in quotes. I hope my gestures can be seen, I wish it could be recorded - by zero-rating. Hon. Speaker, why I support six months is because there is a concern that even when we reduce taxation, businesspeople are the net beneficiaries and not the consumers. Therefore, we want to test for six months. I am told Hon. Ichung'wah could be a businessman.
Moreover, since Hon. Kimunya is not coming very far from him, I do not have any reason to doubt that. However, Hon. Speaker, what we want to do is to test this for six months and see if truly the consumers will get the benefit of reduced taxation because of zero-rating after which we will still be in this House. If we find that consumers are actually benefiting, there is no reason why we cannot extend that zero-rating as opposed to exemption. Therefore, Hon. Speaker, I know Hon. Ichung'wah is assuming his new role of opposing and I support him for that. I will actually give him proper induction. He is my friend. However, let him not mislead the country and try to sensationalize what we are debating today.
Now, Hon. Members, maybe we could have a few more Members. Fatuma Gedi.
Wajir CWR, PDR
Member for Kiminini.
Thank you, Hon. Speaker. You realise when the Chairman was moving… Ordinarily when you move, you need to give justification. This is because I did not understand Clause 12 despite having paid attention. I have just read some mischief. This is because when you move such a matter you need to give justification so that Members can debate from an informed perspective. In this case we know why it is being exonerated; to cushion consumers at this particular time of Coronavirus. We have been told it is for a period of six months. How I wished that it goes for one year because we have been told Coronavirus is here with us. We are just trying to extend the benefit to consumers during this difficult time. I do not see the value in doing six months instead of 12 months. So, I am humbly requesting Members, including the new Leader of the Majority Party and the Leader of the Minority Party that we reject this and extend it to 12 months.
is the staple food in every family, people consume ugali . The relief food being given is majorly unga . Let us not politicise this matter. Let us debate for the benefit of Wanjiku. I oppose. 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.
Let us have the Member for Mwea.
Thank you, Hon. Speaker, I support the re-committal. This House must recognise that as we move into the unknowns of COVID-19, there will be short- term measures that we must keep making in this House. Otherwise, looking at 12 months, there will be so many things that will happen in between. The six months period will give us much information on what will happen and even the dynamics of COVID-19. I support.
Thank you, Hon. Speaker. I support the re-committal. Let us not split hairs. I remember when we were passing amendments to the law on tax, the Chair of the Budget and Appropriations Committee then, Hon. Ichung’wah, said if we passed the Tax Law (Amendments) Bill, we were going to lose Ksh80 billion.
Hon. Speaker there is a baraza here from Nyandarua. He said we were going to lose Ksh 80 billion in the Budget and that the move was not going to help Kenyans. We reduced the VAT from 16 per cent to 14 per cent. We reduced the corporate tax from 30 per cent to 25 per cent. As we speak now, let us not tell Kenyans lies. If this Bill is signed with this re-committal going through, it means at the stroke of a pen when the President assents to it, unga will be zero- rated. It is for a fact. What we are discussing here is the period. It is up to us as a House to either increase or decrease the period. We can even make it three months. Hon. Speaker, let us not mislead Kenyans that unga will not be zero-rated. When the Bill goes for assent, I am guaranteeing people that unga will be zero-rated. Secondly, we have seen legislations made here in this House that have only benefitted businessmen and not Kenyans. So, we must balance the two. We must tell businessmen the time or period we will give them to zero-rate. This is because, when we zero-rate on the other side, the Government of Kenya is going to lose taxes. You can see the revenues have gone down because of COVID-19. If you do a blank cheque that you can zero- rate because he has already told us that we have lost Ksh80 billion, we will have a hole that nobody will fill. Hon. Speaker, I plead with Members that unga is zero-rated for a fact. What we are doing is splitting hairs and playing to the gallery. That is not the way to do politics of the opposition. I am a veteran. I slept in Kasarani for five days because of opposing the Government. There are other ways of doing it and I am going to teach Hon. Ichung’wah how to do it. One way is to go and ask for a rally in Kibra and tell Kenyans how bad Jubilee Government has done things but not on this one. On this one Hon. Ichung’wah, you got it wrong. So, please, wait. I will teach you how to do opposition politics. I thank you, Hon. Speaker.
If we want a point of order and yet we just want to argue, Hon Members either way on this one, it is just for a further amendment. You vote either way but remember for the first part you already recommitted. So, you just express yourself by way of a voice vote. Some leader in the past called it Kura ya Makelele .
The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Order Hon. Members. We are back to the Committee of the whole House for two clauses only. I want the Clerk-at-the-Table to read out the clause. Hon. Members, we have Clause 12 which is a new paragraph. There is an amendment by Hon. Limo, you have the Floor. We have just recommitted clause 12, now you have the opportunity to move it and give the import. You were introducing a new paragraph by amending clause 12.
Hon. Temporary Deputy Chairman, I beg to move:
THAT, the Bill be amended in clause 12 by inserting the following paragraph immediately after paragraph (b) – (c) inserting the following new paragraph immediately after paragraph 19− 20. The supply of maize (corn) flour, cassava flour, wheat or meslin flour and maize flour containing cassava flour by more than ten per cent in weight. Provided that this paragraph shall be in operation for a period of six months from the date of assent.
The purpose of this is to balance the two interests. Whereas we are saying the prices are high and there is Covid-19 with us, the Government would like to ensure that tax refunds are not so much. That is why the period has been introduced.
Hon. Members, you will notice that during the recommittal, Members delved into the merits and demerits of this clause. So, I guess we do not want to stay on this one for a very long time. Shall we start with Hon. Mbui.
Thank you, Hon. Temporary Deputy Chairman. I support the amendment because it is zero-rating the price of unga . The intention is to help Kenyans by lowering the price of maize flour during this period of the pandemic. 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 think there has been a lot of misinformation because we are giving a period of six months. The fact is that within this period we will make a decision in this House. This is because after six months the House can make a decision on every Bill we pass. So, I think this is a good idea. We have six months to observe and then we can make a decision at that point. I support.
Let us have Hon. Makali
Thank you, Hon. Temporary Deputy Chairman. As I support this amendment, I want to make the following observations: The first one is that zero-rating is important and good but what I think as MPs we need to say is that most of the times when we allow these kinds of changes in taxation, we fail in terms of targeting. We may say we have reduced but the suppliers and sellers of these goods do not transfer that benefit to the common mwananchi . So, my appeal is that even as we pass this, we need to follow-up and monitor to ensure that the common mwananchi who buys the unga benefits from the zero-rating.
That must be Hon. Makau.
Thank you, Hon. Temporary Deputy Chairman. I support this amendment because it is a barometer to measure whether Wanjiku benefits or the businessmen. In this House we are tired of Members bringing amendments while they have cut deals outside. So, we are in order to measure how Wanjiku will benefit in the next six months. Thereafter, the Government will do what is necessary.
Earlier on, I heard a very loud applause from the Members when somebody they were calling party leader came in. That must be Hon. Wamunyinyi.
Thank you, Hon. Temporary Deputy Chairman for giving me an opportunity to add my voice. First, I wish to appreciate the Members’ support on my election as party leader of FORD-Kenya. From the outset, I support this amendment because I believe it will be extended to the ordinary mwananchi when it comes to making ugali cheaper. For the period of six months, we will understand clearly what to do next. I support.
Hon. Members, we must make progress on this. Hon. Ichung’wah you spoke to this earlier. Please take one minute only so that we can make progress.
Thank you, Hon. Temporary Deputy Chairman. I want to correct part of the misinformation relayed by the Minority Whip. Indeed, the only person who captured it right is the Minority Whip. The only difference between his position and the actual position is timing. I want to assure the country that after six months the price of unga will go up when zero-rating is removed.
Therefore, I still maintain my position to oppose because in six months’ time manufacturers will increase the price of unga on account of zero-rating going down. It would have been more beneficial to the people of Kenya to maintain the zero-rating just as we did for bread and milk. We should do the same for consistency even for unga . With that I oppose.
Hon. Members, let us make progress on this.
We have the final New Clause 28A. There are two proposed amendments, one by the Chair Hon. Limo and a similar one by Hon. Ichung’wah. We shall start with the one by Hon. Limo.
Thank you, Hon. Temporary Deputy Chairman. When we considered this there was a concern by Hon. Ichung’wah that the client was not being protected. Therefore, we have gone through it and are in agreement that Hon. Ichung’wah’s amendment be accepted.
Hon. Ichung’wah please move the Second Reading of the new Clause.
Hon. Temporary Deputy Chairman, I beg to move: THAT, the Bill be amended by inserting the following new clause immediately after clause 28−
Amendment of 28A. The Insurance Act is amended by deleting section 156 and section 156 of Cap. substituting therefor the following new section – 487.
Cash and 156
On a point of order, Hon. Temporary Deputy Chairman.
Yes, what is your point of order, Hon. Millie.
Thank you, Hon. Temporary Deputy Chairman. I have been sitting here since morning. We are disadvantaged because we do not have the benefit of having the proposed amendment by Hon. Kimani Ichung’wah. I was supporting Hon. Ichung’wah in the morning, but from what I hear, because I do not have the document to read, he has actually changed his position. The original position…
Order, Hon. Odhiambo- Mabona, allow me to deal with the first part. When I propose the Question, I will give you a chance to speak to it. I actually thought that the amendment by Hon. Kimani Ichung’wah was circulated. I directed that Members should have copies. Clerk, just ensure that Members have copies; it is just one page. Let me propose the Question so that Hon. Odhiambo-Mabona can prosecute that particular issue that she was prosecuting. 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. I request the new leader of opposition in the House, Hon. Kimani Ichung’wah, to listen to me because he is the one raising this amendment. Moreover, I want him to know that part of our tricks is what Hon. Junet Nuh is doing to him, which is to distract him. The proposed amendment by Hon. Kimani Ichung’wah in the morning was actually to protect the insured by making sure that there is an opportunity to pay premiums in installments, because many Kenyans are poor. In addition, the issue was that the punitive measure was not accruing to the insured because even if you punish someone, how does that help me if I have lost on insurance? What he is proposing in his amendment, which I have not seen, seems like a departure from the reason that we were supporting a re-committal. So, I urge Hon. Kimani Ichung’wah not just to explain, I would like to look at it as a lawyer because sometimes, what people explain here is very different from what is written. So, can I look at what is written so that we are informed? What Hon. Kimani Ichung’wah is saying is totally different. He is actually behaving like the people he was accusing in the morning - businessmen. Are you sure that you have not acquired a business that you are protecting over lunchtime? You have just changed positions. You are abandoning us; we need to teach you how to be consistent in opposition.
Very well, Hon. Odhiambo- Mabona. I will give Hon. Kimani Ichung’wah another minute, as I ask the Clerk to move fast to have Members get copies of this, so that they can speak from a point of information and we can deal with the real issues not side issues. Hon. Kimani Ichung’wah please.
Thank you, Hon. Temporary Deputy Chairman. Let me thank Hon. Odhiambo-Mabona for that intervention because it gives me a chance to explain. I honestly had assumed that since the Chair had already moved the amendment and it is largely the same amendment that we recommitted… The reason for the re-committal was simply that we wanted to achieve at least three things. One, to ensure that when you pay premiums for your medical cover or car, the person who assumes the risk is not the broker or the intermediary, it is the underwriter. Therefore, the underwriter ought to have received his money from the broker. So, the import of the amendment by the Chair is ensuring — if you read Sub-section 1, the one I read in the morning, it says no insurer will assume risk in Kenya, unless the insurer has received premiums payable. How do you ensure that the insurer has received? Sub-sections 2 and 3 are ensuring that upon receipt of money from you, as an insured person, the broker remits the money to the underwriter and there are penalties that have been stipulated if that broker does not do that. However, the further amendment that I have now added because I added Sub-section 5, if you look at what the Chair had and what I have done, that is further to Sub-section 4. Sub-Section 4 says that an intermediary who contravenes Sub-section 3 on non-remittance of premiums, shall be liable 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 refund the premium and pay a penalty equivalent to 20 per cent of the non-remitted premiums to the client. If you pay for your insurance and your broker does not remit that money to the underwriter, then as an insured person, you are entitled to a refund of your money plus 20 per cent because you are not in the business of donating money to brokers. Sub-section 5, which is now what I have introduced, goes further to protect even the insurance companies. Without prejudice to Sub-section 4, any premiums that have been received by an intermediary, for instance up to today you have paid your broker who has not remitted that money to your underwriter, your underwriter has already covered you. What happens today is that you walk into a brokerage, you get a certificate to cover your car and you are therefore effectively covered, but your underwriter has not received the money. So, we are saying that irrespective of that, if the money had not been remitted to the underwriter before the commencement of this section, when it is assented to, it shall be paid to the insurer within 180 days from the date of commencement of this Act.
Just a minute, Hon. Kimani Ichung’wah. Serjeant-at-Arms, can you bring copies here. Proceed, Hon. Kimani Ichung’wah.
Therefore, what I am doing Hon. Odhiambo- Mabona, is that I am also protecting the underwriters. For instance, in the year 2020, if your broker has already given you your insurance cover that covered you from the month of April 2020 to end of March 2021, like my car, and has not yet remitted the money that you paid him to the underwriter within six months from the commencement of this section, he must remit that money to the underwriter, so that as an insured person, you do not lose. This is also to protect the underwriter, for instance if your car had an accident in between and there are already claims that are being processed by underwriters. Therefore, this completely covers the risks that I had in mind when I proposed that we recommit this section to protect the underwriter, broker, and most importantly the insured, which is you, me, and the people we represent. I hope that is clear Chair.
Very well, we shall have a few Members and then we will make progress. Let us start with the Leader of the Majority Party.
Hon. (Ms.) Odhiambo-Mabona, you will have to cede your space to a few other Members. Leader of the Majority Party.
Hon. Temporary Deputy Chairman, I want to first associate myself with the sentiments by Hon. Odhiambo-Mabona, because I was here in the morning and, indeed, when this amendment was brought. I think the first concern of Members was they saw it or heard about it for the first time this morning. Hon. Kimani Ichung’wah seemed to say that it had been sneaked in, we do not understand it, and it is a contradiction and seems to be inconsistent with what was rejected here and then brought in through a presidential memorandum, a matter that ended up in court. Between the Chair and Hon. Kimani Ichung’wah, nobody is telling this House the status of the court case in relation to this same matter, so that we are not legislating on a matter that is being actively canvassed in court between the brokers and the insurance industry. I believe there is an active matter in court on this matter. When you also look at what is being proposed in the New Section 156 (1), no insurer shall assume a risk unless the money is paid. Then we are saying in Sub-section (5) that is being introduced that an intermediary who received money can keep it for 180 days. So, for 180 days, 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 client will not be insured. Sub-section (1) states that risk will not be insured until money has been received. Sub-section (5) then states that people who had received money can keep it yet we are saying there is no insurance cover. There is a contradiction. I urge Members to either withdraw or defeat this Clause. Let us get a proper amendment that is not contradictory.
Let us have the Leader of the Minority Party. If you can speak for one minute or less, I will give an opportunity to a few more Members to speak. Let us have the Leader of the Minority Party.
I will simply take one minute. Hon. Temporary Deputy Chairman, we have had the tradition of amending so many laws through the Finance Bill. We should discourage this practice. Hon. Kimani Ichung’wah, who is a very able MP, should kindly bring a substantive amendment to the Insurance Act and let us leave out this Clause so that we can have enough time to debate and discuss. We will be able to discuss all the issues that have been raised during the Second Reading and properly so. I oppose the amendment. Let us defeat it and wait for Hon. Ichung’wah to table a substantive amendment to the Insurance Act.
Let us have the Hon. Member for Roysambu, Ndirangu. You have one minute. I can see your interest. If each of you takes one minute, more Members can speak to it.
Thank you, Hon. Temporary Deputy Chairman. Section 156 is a very contentious subject. We discussed it during debate on the Insurance (Amendment) Bill which was sent back to us through a presidential memorandum. I request that we make this matter a national conversation, discuss it and involve all the stakeholders. Otherwise, we may be discussing the divorce between the underwriters and the brokers. We should not put any of them asunder. I oppose and suggest we…
Hon. Wanga, you have one minute.
Hon. Temporary Deputy Chairman, when Hon. Millie convinced us to support this amendment, it was to protect the insured from Sub- section (1) which states that no insurer shall assume risk in Kenya in respect of insurance business unless and until the premium payable thereon is received by the insurer. One of the arguments that was advanced was what if you are paying your premiums in instalments, how are you protected? The amendments that have been tabled do not address that particular question. Therefore, we are doing zero work at the end of the day. I oppose the amendment.
Very well. Let us have Hon. Mbui.
Thank you, Hon. Temporary Deputy Chairman. I was also here in the morning. Hon. Kimani Ichung’wah’s argument was only on Section 156 (1). He gave a very passionate statement about it. He has now picked the whole Report that was brought by the Chairman and changed something else. He has just added penalties at the bottom. I see mischief and I oppose the amendment.
Very well. Shall we make progress on this? Let us put the Question on this.
Hon. Kioni, you can have one minute. 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. I do not know why Mburu is standing. He needs to understand the Standing Orders. I stand to oppose this amendment for the simple reason that we are now legislating against Kenyans. Kenyans pay premiums in instalments. This kills that spirit. You are helping the bigger companies at the expense of the ordinary Kenyan. Bwana Ichung’wah, this is where the unga issue comes in. This is where you needed to fight for Kenyans but you have lost them on this one.
Order! Hon. Millie, I hope you do not prosecute. What is your point of procedure?
Thank you, Hon. Temporary Deputy Chairman. I seek your guidance and direction on the issue that we are prosecuting. The reason we recommitted this Clause is because Hon. Ichung’wah was bringing an amendment. For us to recommit it, it had already been passed. The Chairman had already passed it. I request you to guide the House. Ichung’wah’s amendment is evidently not favourable. We should defeat it. The unfavourable one which was passed by the Chairman still subsists. Will we go back to it? Can I ask the Chairman to kindly withdraw it so that as Members have requested, we have more time to engage the industry? We should not discuss this very substantive law as a miscellaneous amendment. Could I please seek direction from the Chair that should we defeat Hon. Ichung’wah’s - and I hope we do – we then go back to the Chairman’s amendment which had passed and he either withdraws or drops it? We are at the recommittal stage. It has already been recommitted. Could the Chair of the Departmental Committee on Finance and National Planning kindly withdraw so that the stakeholders can engage more? We are now legislating against Kenyans.
Order Members! I will give direction on this one. When we recommitted this Clause, we went back to what was in the Bill. We are revisiting it afresh. There were two New Clauses 28A. One was by the Chair and the other one by Hon. Ichung’wah. The Hon. Chairman pronounced himself on his amendment and he is on record as having withdrawn it and given way to the amendment by Hon. Ichung’wah. We are dealing with the amendment by Hon. Ichung’wah. This House has to make a decision or Hon. Ichung’wah can also decide to either prosecute or withdraw it. I can hear hon. Ichung’wah wants to speak to this. What do you have to say?
Thank you, Hon. Temporary Deputy Chairman. Hon. Millie has captured the situation as it is. That was my concern. We recommitted the Clause because there was a concern that we were not protecting the insured and underwriters. Therefore, if the Chairman’s amendment is withdrawn then I am amiable to the proposal by - I do not know if it was the Leader of the Majority Party - that we need to relook at this more substantively so that we even discuss the issue that has been raised by Hon. Gladys Wanga. How will those people like me who pay by instalments be protected? With the Chairman’s amendment being withdrawn - because that is what we were opposed to - I also withdraw mine.
Very well. This is the position now. The Hon. Chairman had earlier withdrawn his amendment. The only amendment that was remaining was the one by Hon. Ichung’wah. Hon. Ichung’wah has withdrawn his amendment so there is no New Clause 28A. That brings us to the end of the recommitted clauses. Let us have the Mover of the Bill.
Hon. Temporary Deputy Chairman, I beg to move that the Committee doth report to the House its consideration of the Finance Bill (National Assembly Bill No.10 of 2020) and its approval thereof with amendments.
(Hon. (Ms.) Jessica Mbalu): Order Members. Can we have the Chairperson to report to the House?
Hon. Temporary Deputy Speaker, I beg to report that a Committee of the whole House has considered the Finance Bill (National Assembly Bill No.10 of 2020) and approved the same with amendments.
(Hon. (Ms.) Jessica Mbalu): Very well. Let us have the Mover of the Bill to move for agreement with the Report.
Hon. Temporary Deputy Speaker, I beg to move that the House agrees with the Committee in the said Report. I also request Hon. Ndirangu to second the Motion for agreement with the Report of the Committee of the whole House.
(Hon. (Ms.) Jessica Mbalu): Hon. Ndirangu.
I second the Report, Hon. Temporary Deputy Speaker.
(Hon. (Ms.) Jessica Mbalu): I can allow the Leader of the Majority Party to resume his seat.
Put the Question.
(Hon. (Ms.) Jessica Mbalu): I can see that the mood of the House is that I put the Question. Members, I confirm that the House is properly constituted for me to put the Question.
(Hon. (Ms.) Jessica Mbalu): I call upon the Mover to move the Third Reading.
Hon. Temporary Deputy Speaker, I beg to move that the Finance Bill (National Assembly Bill No. 10 of 2020) be now read the Third Time. I also request Hon Ndirangu to second.
I second the Bill, Hon. Temporary Deputy Speaker.
(Hon. (Ms.) Jessica Mbalu): Members, I confirm that the House is properly constituted for me to put the Question.
Order Members! I can see that some Members are walking out of the Chamber. The substantive Speaker pronounced that we will have an Adjournment Motion which will be moved by Hon. Metito.
Thank you, Hon. Temporary Deputy Speaker. I beg to move the Motion for Adjournment as communicated earlier. I want to start by extending my gratitude to you and the House for granting leave to discuss the election of Kenya to the non- permanent seat of the United Nations Security Council (UNSC) for 2021/2022 period.
From the outset, let me take this opportunity to congratulate His Excellency Uhuru Kenyatta, President of the Republic of Kenya, on Kenya’s selection to the UNSC for 2021/2022 term. This election is evidence of President Kenyatta’s able leadership and stewardship in the pursuit and achievement of Kenya’s foreign policy objectives. He is our first exemplary diplomat. He led the campaigns. He virtually touched all the capitals in the world in this campaign. When his legacy will be written in our history books, this great achievement will definitely be noted that it happened during his tenure. Therefore, we will not stop congratulating him for that.
I also want to thank the Ministry of Foreign Affairs and International Trade which effectively, efficiently and tirelessly led the well-coordinated approach for the Executive arm of 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.
Government and all our missions abroad in their campaign towards this selection. I also want to express my gratitude to the National Assembly led by Hon. Speaker for the efforts through parliamentary diplomacy in this campaign. I am aware that Hon. Speaker and Hon. Members of this House were involved in these campaigns through their visits to countries abroad, as well as through our parliamentary membership in the global and regional bodies and association like the Commonwealth Parliamentary Association (CPA) where our Hon. Speaker is the Chair of the African Chapter. We have the Inter-Parliamentary Union (IPU) where we have Members of this House and the Senate, especially the Speaker of the Senate in the Executive Committee. We have the African, Caribbean and Pacific Group of States and European Union (ACP-EU) where the head of the delegation in this House is our Deputy Speaker, Hon. Moses Cheboi. Through all these associations and their visits abroad, I am sure they found time to campaign for Kenya to be elected to this position.
I thank the National Assembly for the funds they availed through the budget for this noble initiative without which the complex campaign would not have been possible. I also express my gratitude to Members of the Departmental Committee on Defence and Foreign Relations, which I am honoured and privileged to chair, for their very overt efforts to complement the work of the Ministry of Foreign Affairs and International Trade in these campaigns. In this Committee’s various oversight visits to our missions abroad, it made it a norm to engage with our counterpart committees abroad and lobby for their support of our candidature to the UNSC. This Committee received regular updates on the status of the campaigns, as well as campaign materials and relevant directions in seeking support for Kenya from the Ministry of Foreign Affairs and International Trade.
I also want to congratulate Kenyans in the diaspora who are our ambassadors wherever they are in their small ways. Through our engagements with them during our visits abroad, this Committee has noted that they have been very active in portraying the strengths of our country abroad.
Let me also take this opportunity to congratulate the other four countries that were elected to serve alongside Kenya namely Mexico, Norway, Ireland and India. Our deepest appreciation also goes to our foreign friends who supported us in our quest. I want to thank all the East African Community (EAC) nations because our success began with their endorsement. I also want to thank the African Union (AU), which was very helpful. Without the AU’s endorsement, this campaign would not have been possible. It must be very clear to all that Kenya is in the UNSC to represent the entire Africa and will not waver in its commitment to the Pan-African agenda at the UN. Through our membership and the general mandate to pursue the interest of Africa first and foremost and also those of the world, Kenya will seek to be guided by our foreign policy that prioritises peace, economics, environment and cultural pursuits, among others. The 10 points that guided our agenda, which we promised to pursue during the campaigns for this position, are: 1. Building bridges regionally, globally and locally. 2. Peace keeping and support operations. 3. Regional peace and stability. 4. Counter-terrorism and prevention of extremism. 5. Women peace and security. 6. Youth empowerment. 7. Humanitarian action. 8. Justice, human rights and democracy. 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.
9. Environment and climate change. 10. Sustainable development goals. Kenya’s promise is to work with the entire UN membership in executing the mandate of the UNSC in an inclusive, responsive and consultative manner irrespective of the countries’ size and military strength. Hon. Temporary Deputy Speaker, we also appreciate the hard work done by the heads of foreign missions based in Nairobi for the support they accorded us in carrying the message back home. I want to reserve a very special gratitude to the heads of foreign missions. They are called “permanent representatives” of all countries based in New York at the UN Headquarters for supporting our candidature and by being the actual voters standing by Kenya. I especially want to thank those head of missions in New York who found time to visit Kenya in two seminars hosted by the Ministry of Foreign Affairs and International Trade in Mombasa in January and February this year. Allow me to reserve a final and special appreciation to our missions based in New York and Addis Ababa for their tireless and round-the-clock coordination of the campaigns, including liaising with the Ministry of Foreign Affairs and International Trade Headquarters in Nairobi, the UN Headquarters in New York and the AU Headquarters in Addis Ababa. The Ministry of Foreign Affairs and International Trade kept our Committee fully involved in every step of the way and we had continual cooperation. Finally, I want to request this House to avail funds for the operationalisation of this office beginning January next year. A lot of money is required to operationalise the office in New York. The UNSC works 24 hours a day, seven days a week, throughout the year. Therefore, financial resources are required. I call upon this House to ensure that as we appropriate funds, we take this matter very seriously and operationalise that office. Let me confirm that as the National Assembly and as a country, we appreciate this position. We accept it with zeal. We are able to take the task. This is the third time Kenya is in the UNSC. It is because of our position globally, regionally and continentally that we support multilateralism rather than nationalism. Thank you, Hon. Temporary Deputy Speaker.
(Hon. (Ms.) Jessicah Mbalu): Thank you, Hon. Ole Metito. Hon. Members, pursuant to our own Standing Orders, the Mover had only 10 minutes, which he used very well. Any other Member speaking to the Motion of Adjournment has five minutes. I will start with the Member for Funyula, Hon. Oundo Ojiambo and then the Member for Suba North will follow. I am going as per the requests list. The Member for Suba North, you may start.
Thank you, Hon. Temporary Deputy Speaker. You know I have to consult with my party Chairman in the House. Let me take this opportunity to first of all congratulate the country on the temporary position that we got in the UNSC. Many people have been asking of what value that is to Kenya. I think the persons who are asking that question are very ignorant about the way international politics play. Basically, I would equate the UNSC position to the leadership of the House. You can see that we have extended the constitution of the leadership of the House for 30 days because people are pushing and pulling. It is a position of influence to many issues like world politics, development and issues pertaining to Africa. You need to be on the negotiating table. So, I would want us to understand that having Kenya at the negotiating table is not only good for us as a country, but for Africa. This is especially because we are looking at tilting the scales of international politics, so that the Permanent 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.
Membership of UNSC at some point can also have the voice of Africa. A lot of decisions are made and conventions passed without the strong voice of African countries. There are many issues affecting us in the areas of climate change, women and children’s rights, persons with disabilities (PWDs) and more so, issues of geo-politics. Therefore, I would like to congratulate Kenya for that position. However, there is one thing I noticed, which we need to work on as a country. There is actually a growing problem. How we are relating with our neighbours is really suspect. I do not know whether the problem is stemming from us or from them. You can see that the people we expected to stand with us as allies did not stand with us at our point of need. As a region, we need to have a very strong voice. Having served in the Pan-African Parliament, I know that for us to forge ahead at the global level, we need to first of all stand together as a sub-region of Africa, before we stand together as the African region and forge ahead as a stronger voice at the global level. Hon. Temporary Deputy Speaker, it is unfortunate that my dear brother, Hon. Ichung’wah walked out because I wanted to school him in some of these issues. When you are in the opposition, your voice must be heard even on important international issues like this one. He should not be quickly throwing his hands after just one loss as we sit here. I want to encourage him to read the book of Genesis, where Pharaoh had a dream that there were seven fat cows and then suddenly seven thin cows came and ate the seven fat cows. He needs to understand that we have been the thin cows for as long us forever. The thin cows have come and eaten the fat cows. Therefore, he needs to understand how we are operating now. He needs to sit here. Those of us in the opposition stay here until 7.00 p.m. Now that he is learning from us, let him and my good friend, Hon. Moses Kuria, with who I served in the Budget and Appropriations Committee, sit here and be vigilant. Even though we are in the handshake era, I would like to describe the role I am playing here as a person in ODM as what we call in Dholuo “ pandkisu ”, which means a knife that cuts both ways. We clearly have the public interest in mind even as we are in the handshake. So, I would like to teach him about that angle of public interest, which he needs to observe consistently. I take this opportunity to also congratulate the new Leader of the Majority Party for the sterling performance on his first day in office. He has been at this as a Minister before. Before, it was “Kimunya must go” and now I see it is “Kimunya must come back”. But he needs to guard it from experience. Otherwise, it might be another Kimunya…
(Hon. (Ms.) Jessica Mbalu): Next on my request list is the Member for Mwea, Hon. Wachira Kabinga.
Thank you, Hon. Temporary Deputy Speaker. At the outset, I would like to congratulate His Excellency the President of this country, Uhuru Kenyatta, for leading a very successful process. For those of us who have experience in the international arena, we know that it is not easy to secure that kind of position.
The UNSC is the highest organ in the United Nations. It is an organ comprising 15 members out of 193. It is this Council that intervenes whenever there are conflicts in the world. It institutes dispute resolution mechanisms and sometimes it also institutes the use of force where necessary. It is, therefore, a privilege for Kenya to be in that club. It takes a lot of effort and hard work on the part of the President, Cabinet Secretary, Principal Secretary and many others in that office, not forgetting the many ambassadors out there who are also involved in such lobbying. I have witnessed in the past, in my previous work in the US Embassy, how such lobbying can be intensive and wanting and, more so, reaching out to the many countries that are interested in such positions. 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.
Kenya, being an epicenter of peace in this region, deserves to be in that position. It is my hope that we will take advantage of being in the club to influence policies that will guide things like counter-terrorism. I hope Kenya will join the committee on counter-terrorism which is a subsidiary of the United Nations Security Council so that we can now influence policies that will enable us deal with terrorism that is with us in this country. Kenya is also a host to many refugees out of conflicts in their respective countries. Therefore, it is another opportunity for Kenya to again influence policies that will bring peace to the region so that we can reduce the number of refugees who look for a home in Kenya.
That position has a lot of indirect advantages to our country. We must not take it lightly. Our country will be respected out there. Our country will now have a high profile and many people out there will respect us and also want to come to our country to see Kenya that is a member of the very small club. It is a very small club in the world of 15 among the 193 members. Therefore, we must take it very seriously by providing the necessary resources when called upon, so that we can also see an increase in the number tourists that will trickle into the country to come and see the country that is a member of the Security Council.
Our country now has an opportunity to participate in the world decision-making platforms and be a great influencer on world politics. That will have a lot of advantages in itself. We must take note that for a country to secure such a position, it must be having a lot of respect. More so, the President of such a country and in our case, President Uhuru Kenyatta, must be a very respected and known President out there for countries to be convinced that our country can be a member that can be entrusted with that position. Other countries now know Kenya as part of decision-making on peace and security.
(Hon. (Ms.) Jessica Mbalu): Indeed, we are proud to be Kenyans; led by the President. Hon. Dennitah Ghati, you have the Floor.
Hon. Temporary Deputy Speaker, thank you very much for giving me the opportunity to congratulate my country, Kenya, on its auspicious election to the UN Security Council. It makes me proud to be a Kenyan and it is a show that Kenya is definitely the pride of Africa. Allow me again to quickly congratulate the President. We saw President Uhuru Kenyatta do a lot of mobilization by virtually engaging through Zoom and through other channels to rally support. The opportunity for Kenya to sit at that high table shows the confidence that the world has in our country, especially as a country from Africa. It is a very great honour for this country and I say congratulations and hongera to my country, Kenya. The opportunity to sit in the UN Security Council is great. In the last Parliament, I had the opportunity to serve in the Departmental Committee on Defence and Foreign Relations of the House. I want to congratulate that Committee. We traversed the world looking at how to strengthen our ties with various countries. I have also had an opportunity in my life to live, study and work in New York, US. Where the UN sits is extremely strategic to many other decisions. I am very hopeful that the opportunity Kenya has been given will prove to these issues. One of the issues Kenya will take to the UN is youth empowerment. It is a huge issue this country has been working on. I am also happy to look at gender. Gender equality is going to the UN. Gender equality is an issue Kenya has been struggling with even in this House, like trying to pass the Two-Thirds Gender Bill. By Kenya sitting in the UN Security Council, it will have the opportunity to advance gender equality at the UN level. I am a Member representing persons with disabilities, especially Members of Parliament with disabilities at the Commonwealth Parliamentary Association (CPA). We have been pushing at the CPA level to ensure that Kenya ratifies the disability protocol of the African Union (AU). I 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.
am happy that Kenya is going to represent the African Continent in the UN. It is not a mean achievement. I am sure Kenya will use this opportunity to push and advocate for the ratification of the AU Disability Protocol at the UN level. That will be a huge benefit to the people with disabilities in the continent and the world. Kenya now sits strategically at that table. It is a global and a prestigious place. I am sure Kenya will address the issue of climate change. Persons with disabilities are affected by climate change. I want to see other Members of Parliament representing persons with disabilities to encourage Kenya to talk about issues of disabilities even at the UN level. We want to see that. I was at the UN last year for the UN Convention on the Rights of Persons with Disabilities. We basically talked about how to ensure our country ratifies conventions and treaties that touch on our people who are majorly affected by climate change. Persons with disabilities are those people.
Allow me to take this opportunity to thank the President and my country, Kenya, for getting that opportunity. Kenya joins the rest of world’s great giants that are actually able to advocate. We will be glad as a country to follow what our country Kenya will be advocating at the UN. I am very prayerful that Kenya exercises equity and fairness even in the terms that it will be advocating at the UN level. Allow me to congratulate and support. Thank you.
(Hon. (Ms.) Jessica Mbalu): Very well. The Member for Kathiani, the Deputy Leader of the Minority Party.
Thank you very much Hon. Temporary Deputy Speaker for giving me this opportunity. I want to say that I am a proud Kenyan now that my country was elected by the United Nations General Assembly (UNGA) to occupy a seat to represent Africa in the UN Security Council. This is not a small achievement. This is something worth being proud about. I want to congratulate His Excellency the President for making us proud. We know that we got 129 votes against Djibouti’s 62. So, I am proud enough to even wish that this kind of position could be a permanent seat. We must, as a nation, be thinking broadly and even bigger. But I wish to say that after Kenya won this position, there are a lot of interesting characters in this nation. Those are the jokers on social media who have gone ahead to castigate this great achievement of this nation and yet, they are Kenyans and we know them. They are Kenyans who have compared our population with Djibouti, compared our GDP with Djibouti and implied that beating them into getting that seat was not even worth talking about. What I have realized is that there seems to be a problem with patriotism in this country. What has happened to our patriotism? What happened to the respect for our motherland? What happened to the respect for our President? Why do people disrespect the leaders that they put into office? One of the main things that was coming up when we were dealing with the issue of the Building Bridges Initiative (BBI) is ethos. I think it is important that we deal with issues to do with patriotism, issues that make Kenyans proud to be Kenyan. That is so that whenever Kenya achieves anything, everyone stands behind that achievement and takes pride in it. Schools are in recess now. How I wish we came up with some kind of an educational policy where we can make Kenyans start believing in themselves. That is why Kenyans want to buy imported goods even now. It is because they do not even believe in their goods. I just want to say that I am proud of what we have achieved. I wish all Kenyans could believe in their country. We cannot build Kenya alone. We must have everyone, the 47 million Kenyans, behind us.
(Hon. (Ms.) Jessica Mbalu): Let us now hear the Member for Lari. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Temporary Deputy Speaker. I rise to support and congratulate Kenya and our President, Uhuru Muigai Kenyatta, and the team that saw this through. It is a great achievement. My daughter asked me when I was sitting:
, what does it mean to be in the UN Security Council? I was telling her this is a great honour to our country. We have been elevated above so many countries in this world. We have become top of mind of many nations. We will benefit in tourism. We will benefit in decision-making with regard to security. I am not standing here today to only congratulate Kenya and the team that saw this through. I am standing here because I am very concerned about our competitors and the nations that did not vote for us. We are having our friends, maybe our neighbours; people we compete with without knowing that we are a big brother to other nations and we have nations we think are our brothers and did not vote for us. We had 69 votes which went to another country - a smaller country. Maybe, we even have members of the big boys, the five nations who are permanent members, who did not vote for us. It is high time that Kenya, as a nation, also evaluated its relationship with the nations that did not vote for us in times of need. If we work with a nation, we give you our right hand and you come to play in our nation. We also want the same respect from you as a nation. That is so that we do not always compete. The AU had given Kenya support, and you could still see many other African countries vote for another country that had not been supported by the AU. This is a big question, and I wish the team that was conducting this can do their due diligence. They should know who did not vote for us because we also need to know our relationship with the other nations. Other nations will come to Kenya to look for business. They will come to Kenya through the many multi-nationals to look for opportunities. But when it comes to the need for Kenya to outshine, when it comes to the need for Kenya to shine out there, those nations are not with Kenya. Show me your friends and I will show you where you are going. So, we should have friends who are with us all through. Kudos to the country. Kudos to our President, Uhuru Muigai Kenyatta. Kudos to the team that conducted this formidable thing to win the UN Security Council seat.
(Hon. (Ms.) Jessica Mbalu): The Member for Emurua Dikirr, Hon. Kipyegon Ng’eno. Are these the Members who are leaving cards on request? Let me have the Member for Kiminini.
I am here!
(Hon. (Ms.) Jessica Mbalu): He always does it when he wants.
I am here, Hon. Temporary Deputy Speaker. I know the changes that COVID-19 has brought to this House has put us in disorder. I know you were looking for me on the other side where I normally sit but, unfortunately, the Covid- 19 has driven us this way. I am here. Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity. I would also like to congratulate our country, our nation and the citizens of this country for the great opportunity they have accorded themselves in the table of nations. As a student of international law and international relations, I want to say that the opportunity accorded to this country is no mean achievement. It is due to the character and the behavior of the Kenyan population, and the way they have been carrying themselves both democratically and on matters that the world or the nations normally admire. I also congratulate the President for the efforts he put in fighting for the position. There are so many things that we must understand, especially when our country was rooting for the position. 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 remember several international media houses had questions to our President. Most of the questions were bordering on the succession and the 2022 debate. I hope the President of this country learned that the table of nations believes in democracy. They believe in peaceful handing over of power. They believe in a debate that is always transparent. I am very grateful that most of the people who were talking to the President were asking that question. That is the question the President of this country must also ask himself now that he has attained that position for this country and for posterity. He must live up to the expectations of the world of nations. As members of this country, I would also wish that we look at ourselves and ask several questions. Why is it that our neighbours never favoured us in the voting? What is wrong? What have we done to our neighbours? We must also look at ourselves. We must understand why countries that have always been allies and countries that also sit with us in the EAC could not sit with us while we were seeking that position. We cannot say, maybe, it is because of jealousy or unfair competition. We must also understand that we have to be friends. We have to create a rapport and a good relationship with our neighbours. So, as much as we are moving forward, this country must live up to its expectations and the expectations of the world. The democracy that is in this country and which was admired by more than 100 countries in the world must be upheld. As we head to the next elections, we cannot afford to lose that respect because of our small politicking in the country. I want to take this opportunity to tell the President that the respect we have been accorded internationally is because of the citizens and the leadership that starts in this House. If we are respected internationally, we must respect each other locally. We must respect Members of County Assemblies (MCAs), Members of the National Assembly, Senators and any other elected leader. If we want to be respected internationally, we must respect each other at home. Thank you, Hon. Temporary Deputy Speaker.
(Hon. (Ms.) Jessica Mbalu): The Member for Kiminini, Hon. Wakhungu Wamalwa, you have the Floor.
Thank you, Hon. Temporary Deputy Speaker. First and foremost, I want to congratulate His Excellency the President because he was at the forefront on this. It, indeed, demonstrates that he is a number one diplomat. I also want to thank Amb. Monica Juma for pushing this agenda when she was the CS, Foreign Affairs. I will not forget to thank the current PS, Amb. Kamau and the current CS, Amb. Raychelle Omamo. It was a spirit of team work. When I was in New York in January, this year, I met many permanent representatives who told me that they were coming to Nairobi to support us in lobbying for this position. I had no idea they were committed. Many Members have talked about our neighbours. It is high time we reflected on our true friends. In the event that we have had bad relations with our neighbours, we must move with speed to rectify. Many people have been asking about the benefits of this seat. Once operationalized, this seat has very many benefits. We will be on the global scene and part of the decision-making body. Globally, we look at Sustainable Development Goals (SDGs) and Kenya will be noticed. That alone will attract many tourists. That is a big plus. We will network with many countries and that will add value to our foreign policy. If you look at our foreign policy, there is economic…
(Hon. (Ms.) Jessica Mbalu): Hon. Wamalwa, I care. Please maintain social distance. Hon. Ibrahim Ahmed, please wear your mask.
He is not supposed to sit here. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
There are so many benefits. Since we are going to be a role model, I want to request the Government of Kenya that we must lead by example in respecting the rule of law. When it comes to human rights, recently, I accompanied my Party Leader, Hon. Moses Wetangula… There are many masqueraders who think they are the party leaders of FORD-K. The true party leader of FORD-K is Hon. Moses Masika Wetangula. There was a lot of tear gas.
(Hon. (Ms.) Jessica Mbalu): Vice-Chair, PIC, please, sit at a designated seat. You are seated too close to Hon. Wamalwa.
He is seated on the wrong seat. I want to tell the National Assembly that the party leader of FORD-K is none other than Sen. Moses Masika Wetangula. We will not allow people to snatch the party through the backdoor. Since we have this seat at the UN, we should not teach other countries bad manners. We must respect the rule of law. We must be on the frontline in respecting human rights. There was a lot of tear gas when we visited Bungoma. The police must be restrained. If people move peacefully and observe social distance, then tear gas is unwarranted. We must follow values of democracy. We should not be seen to negate principles of democracy. We must be on the frontline. We are going to have a say at the International Court of Justice (ICJ). As we speak, Somalia has taken Kenya to the ICJ with regard to the triangle at the Indian Ocean in terms of ownership. We want to call upon relevant bodies to expedite that resolution so that we coexist with our neighbours. That seat is very important. In this country, we have a cultural foreign policy. We value families in Kenya. We are pro- life. We want to call upon our Kenyan ambassadors that, as they move out there, it is important to note that we subscribe to family values. We are calling for petitions to oppose the Reproductive Healthcare Bill, 2019 that was passed in the Senate to legalize abortion. Abortion is prohibited in this country. We oppose the introduction of comprehensive sex education in schools.
(Hon. (Ms.) Jessica Mbalu): Your time is up. Hon. Ali Rasso, you have the Floor.
Thank you, Hon. Temporary Deputy Speaker. At the outset, I want to congratulate His Excellency the President. He has proved to be our number one diplomat. I also want to congratulate those who have been charged with heading the Ministry of Foreign Affairs; Amb. Monica Juma, Amb. Raychelle Omamo and Amb. Macharia Kamau. They are among the finest diplomats we have in this country. The seat at the UN Security Council is one of the most coveted seats in the world. We are now at the international system and we are considered to be a leader. The UN Security Council is the pillar of international peace and security. I want to thank and congratulate the KDF for carrying our flag far and wide for many years. Our athletes, world beaters, have always sounded the Kenyan National Anthem at the highest platforms. These are the people who assisted us to clinch that seat.
With this opportunity, Kenya will be the voice in Africa. Kenya will be the country to be listened to. Governance, justice, human rights, policing, security, both human and social, are matters that our country must take seriously going forward. There are other issues like women, peace and security, youth empowerment and environment. Currently and globally, the UN agenda on climate change is a major area of focus. In our country, in terms of food and climatic conditions with locusts, long droughts, long rains and floods 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.
are as a result of climate change. As a country, we have been given that button to run, shepherd and be the voice of Africa. We must stand up to be counted on that. We live in an arc of conflict; the Horn of Africa, the Indian Ocean Rim, and the Great Lakes Region. As a country, we must bring this region together because we have the support of the Inter-governmental Authority on Development (IGAD). We must also thank the AU. As an endorsed candidate of the AU, we should begin to understand why Kenya must embrace Africa. It is their position that was accepted by the international community. I also want to thank our diplomats who were in both bilateral and multilateral missions. As we travelled as the Departmental Committee on Defence and Foreign Relations, we saw that there are diplomats who are unknown, but they carried the message of Kenya far and wide. With those few remarks, I congratulate this great country and hope that we shall live the dream. Thank you.
(Hon. (Ms.) Jessica Mbalu): The Member for Ndaragwa, Hon. Jeremiah Kioni, you have the Floor.
Thank you, Hon. Temporary Deputy Speaker. President Uhuru Kenyatta has achieved what the Prime Minister of Canada failed to achieve on two occasions. I want to congratulate our President and the whole team of Kenyans who made it possible for us to win that seat. I know that our diplomats, led by Ambassador Kamau, did a commendable job. I have been with our own Speaker of the National Assembly on a number of occasions. I know that he went out of his way to make sure that this good message is sold out to dignitaries he met. We may not forget our Deputy Speaker, Hon. Cheboi. I have also been with him and I know he did a bit of that. Those of us who were not around in 2007 would not know what it felt like to go outside this country after the tribal fights we had among ourselves. I am struggling with this kitambaa.
(Hon. (Ms.) Jessica Mbalu): I can see. These masks!
It is a challenge that we must struggle with. I think we are over-distancing within Parliament, but that is not what I stood to say.
(Hon. (Ms.) Jessica Mbalu): Let us not assume.
Hon. Temporary Deputy Speaker, after our tribal fights in 2007, it was a difficult thing to travel outside this country. When you tried to say that you are Kenyan, people would frown at you. I am saying this because ---
(Hon. (Ms.) Jessica Mbalu): Hon. Kioni, I will give you 30 seconds to tie your mask. I can see you are struggling with it.
I have it on. I have just removed it so that I can be heard. You cannot hear me when it is on.
(Hon. (Ms.) Jessica Mbalu): I can hear you, just protect the other Members.
There is nobody near me within one meter, as you can see. Hon. Hassan is two meters away from me. There is no way I can affect him. It is important that we pay attention to the peace that is prevailing in this country. We may want to belittle and bad-mouth the issue of “hand shake”, but it also contributed in a big way to telling the world that we are a peace-loving nation. You cannot be given this mandate at the international arena if you are a country that is permanently in quarrels and chasing tear gas more than anything else. I also want to thank the President not just for going out there, but also for the initiatives he has had within the country that have continued to give us peace which has enabled us to sell our 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.
agenda out there. There are young people – some of them are not very young – who are asking what this translates to and if it will give them another plate of food. The Members who have spoken before me have helped them to understand that, having a seat at the United Nations Security Council is a big advantage to this country. It will help us to become another destination. We will have many conferences hosted here. Unfortunately, we now have the COVID-19 pandemic. In ordinary circumstances, we would attract many conferences in the country, leading to increased tourism and economic activities. Such development would help ordinary Kenyans to get an extra plate of food on their tables. The agenda that needs to be addressed at the United Nations Security Council is a major one. As we address the agenda of human rights, environmental health and sustainable development goals, it is important for the country to pay attention to the legitimacy of the AU. The AU had a Resolution that they will only front Kenya for a seat at the United Nations Security Council, but we saw our neighbours, Djibouti, showing interest. There is need to ensure that the legitimacy of the AU is protected so that it does not become a talk shop. I want to congratulate everybody for a job-well-done.
(Hon. (Ms.) Jessica Mbalu): Very well. Is that the Member for Igembe North, Hon. Maoka Maore? You know it is hard to identify you when you are wearing a mask. The Member for Nyaribari Chache, Hon. Tong’i, you have the Floor.
Nyaribari Chache, JP): Thank you, Hon. Temporary Deputy Speaker, for giving me an opportunity to speak on the chance that has come to Kenya. At the outset, I want to congratulate the President for being at the frontline of championing for this opportunity. It takes a lot of hard work and campaigns to get this opportunity. It took a lot of hard work on the part of the President in terms of giving leadership and the virtual campaigns that he did during this COVID-19 pandemic period to earn this seat, considering how many countries wanted it. He did not sit back to wait for things to happen. He gave leadership on this matter. Allow me to congratulate the Committee that I sit in as the Vice-Chairman for a job-well- done. I know for every opportunity we had, we spoke to the foreign visitors who came to Kenya, especially from other parliaments. We never missed an opportunity to ask them for their support. It took a lot of networking for this opportunity to come. Parliament gave its support. If I can remember one of the opportunities that I had to accompany the Speaker outside the country, one of the agenda that the Speaker spoke about for more than 50 per cent of his time in the meeting was on the support that Kenya needed to have a chance to sit at the United Nations Security Council. Therefore, it is safe to say that the entire country has been behind this campaign. It took a lot of resources and manpower for this to happen. I know that as the Speaker’s Office, you did your bit and we are grateful as a country. One may want to ask what this means to Kenya. I have seen many of these questions coming from Kenyans who are asking what this opportunity means to us – what a seat at the United Nations Security Council portends for us. Life is about options; life is about perceptions. If you are perceived to be doing well, then you are doing well. If you are perceived to be struggling, then you are struggling. For people to understand the genesis and success of this opportunity to sit at the United Nations Security Council, they must appreciate that there are only 15 members of the United Nations Security Council. We will be sitting at the table that the USA sits, courtesy of the President’s initiative. We will be on the same table with China, Russia, and all the major countries in the world, including the UK – which colonised us. It is an opportunity that has come at the right 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.
time when we have issues to address concerning Kenya and Africa. We are not just going to speak about Kenyan issues. We will also be the mouth-piece of Africa. Once you win, just like in our campaigns, all the people under you become your people whether they supported you or not. Therefore, as a country, we have a golden opportunity to champion the issues that are close to our hearts. One issue that has given us prominence is the “Handshake.” For people to understand the spirit of the Handshake, they need to go out of the country and listen to what the world is thinking about us. Sometimes, because of political expediency, we undervalue the weapon that the “Handshake” has given to Kenya. People respect Kenyans out there. I had an opportunity to accompany the President to Washington, USA, not long ago. I listened to what the world was thinking about us. Our President and the Prime Minister were given a standing ovation when they spoke for almost an hour addressing the whole world. The President of USA was in the audience with many other presidents. This “Handshake” has given us prominence and a platform to address issues. We are able to convince the world that we have a solution and we know how to address issues. The President was able to agree with a person he fought so vigorously against. Even the Supreme Court nullified the election. The President had the magnanimity and the heart to reach out and speak with his worthy competitor. It takes great leadership to make that kind of sacrifice. Therefore, as a country, we have been given an opportunity to take what we have achieved in Kenya to other countries. We have so many countries in the world which are suffering because they cannot agree and sit at the same table. We have a chance to not only speak as a UNSC representative, but we will sit there by virtue of the experience we have as a country, which has proven that it is possible to agree to disagree, but still live as a family. With those many words, Hon. Temporary Deputy Speaker, I congratulate Kenyans and Members of Parliament and everybody else who made this possible.
The Member for Mogotio.
Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity to also say one or two things about our success at the UN. But, first, let me congratulate our Leader of the Majority Party, Dr. Amos Kimunya, for being given the opportunity to lead us for the next two years. I also thank Hon. Duale for the good job he did in the seven to eight years he served as the Leader of the Majority Party. Secondly, our President working hard so that we managed to be among the 15 members of the UNSC is a very big achievement. Many speakers who have spoken ahead of me have outlined reasons why it is very important. Matters of peace and the environment are very critical. Trade, justice and democracy are some of the issues that the Security Council deliberates on so that the world can be at peace and so that we can also get progress in other sectors of the economy. This was a lot of work led by the President. I would also like to congratulate our missions abroad. We have been told our Speaker and Deputy Speaker and some members of the Departmental Committee on Defence and Foreign Affairs also did some work. We all say congratulations for the great achievement. Norway, India, Ireland and Mexico were also elected to serve in the Security Council for the next two years. We also note that we did not do very well with our neighbours. I think it is an area we need to work on very hard. It is not good that almost five of our neighbours never supported our candidature. We need to look into that. I know our President can reach out to the presidents of the other countries so that we can improve our relations, as it affects trade and the status of Wanjiku if the economy cannot grow. On this particular case, the CS in charge of foreign relations should 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.
start working hard to bring those countries on board. It is very important to be a member of the Security Council because you actually sit on the big table where the big countries decide what happens to other countries. I am sure we can always lobby. We know Kenya already hosts one of the UN missions, the UNEP. One time, they almost relocated it from Nairobi. Being at the big table, we are sure to fight for our rights and to also lobby other countries to continue maintaining the UN mission here in Nairobi. With those remarks, I beg to support. Thank you.
The Member for Wajir North.
Thank you, Hon. Temporary Deputy Speaker, for giving me this opportunity to add my voice in congratulating Kenya as a country and His Excellency the President, the Ministry of Foreign Affairs and the Departmental Committee on Defence and Foreign Relations.
Order, Members! Let me remind you! The Speaker was very clear in his Communication that, please, let us wear our masks while in the House.
Thank you for reminding us. I have no doubt that this is a tough task. Other African countries have entrusted this position to Kenya. They say delegation is trust. We have been entrusted with this position. Definitely, we are expected to ensure that we do not only serve Kenya as a country but, rather, the entire Africa such that Africa will be proud of Kenya. The fact that during the AU elections Kenya received 37 votes against 13 votes is testament of the strong confidence that other African countries have in Kenya. It is, therefore, up to us to ensure that we honour the 10-point pledge we have made, including building bridges by advocating for a strengthened and reformed AU and by supporting peacekeeping operations in terms of clear mandate and finance. Kenya is one of the countries supporting the peacekeeping operations in Somalia. It will be up to us to strongly advocate improvement of the peacekeeping operations in terms of finance and mandate. The other pledge we have made is improvement of justice, human rights and democracy. We will have a community where justice is observed and ideas and opinions are respected. We will also promote gender equality and humanitarian action. We are aware that Kenya is one of the countries hosting the biggest refugee camp - the Dadaab Refugee Camp. Kenya has ensured that the refugees live in a dignified environment. In terms of climate change, as the host community, Dadaab and its environs is suffering the most in terms of hosting the refugees. However, we have ensured that the refugees stay in a peaceful and dignified environment. That is a good example to other countries not only in Africa, but in the entire world. I think migration has become so much all over the world. If refugees are treated in undignified manner, it will be up to us, as a country, to advocate ways of treating refugees in a dignified manner, improve humanitarian action and find a lasting solution to the challenge of forced migration. As I have already said, climate change is a problem not only in Africa, but all over the world. There are also security-related issues within climate change. You can agree with me that there is a lot of conflict both internally and externally in various countries as a result of climate change. I am sure Kenya will play a critical role with regard to the same. Youth empowerment, sustained development and counter-terrorism are the other issues. We are aware that Kenya is one of the countries that is suffering most in terms of terror-related issues. We have lost many lives. So many services are not effectively provided in this country, with my region, the northern region suffering most. We are aware that schools in northern Kenya are closed due 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.
terror-related issues. Of course now, schools all over the country have been closed due to COVID- 19. It will be up to us to ensure that proper policies are put in place to ensure that issues related to counter-terrorism are well handled. The functions of the Security Council are well enumerated in the UN Charter. One of them is ensuring that there is proper…
Please, Members, plan your time well. You have only five minutes to speak to this Motion. Hon. Osotsi.
Thank you, Hon. Temporary Deputy Speaker, for giving me the opportunity to contribute to this important Motion. First of all, I will start by thanking His Excellency President Uhuru Kenyatta and his Government and all the people who participated in ensuring that Kenya again emerged victorious at the international stage. This is a very important achievement considering that the UN Security Council is primarily concerned with maintenance of international peace and security. It is a very important body in that it ensures that we have peace and security in the world. It is this body that will ensure key decisions regarding peace and security are made like maintaining sanctions, authorising the use of force to ensure that peace prevails and even, critical decisions at the International Criminal Court (ICC) like the appointment of judges. So, it is a very important organ of the UN and it is a milestone that Kenya, for the second time, is going to sit on the 15-Member United Nations Security Council. So, it is an important development. However, at the same time, I think what is important in the coming days is for the country to analyse the intrigues before this success. For example, you are all aware that Kenya withdrew from the race in the years 2013/ 2014 and 2018/2019 in favor of Rwanda and Ethiopia, with an understanding that the region will support Kenya for 2021/2022. However, when it came to Kenya declaring its bid, Djibouti came forward. Even after the African Union saying it is Kenya, they still insisted in vying. Actually, they got very reasonable number of votes. Strangely, our neighbors voted for Djibouti and most of them are Members of IGAD. I think one of the key decisions that the Government will make is its engagement within the IGAD framework and how to engage our neighbors. That would be the most critical decision that the Kenyan Government needs to make. Lastly, I think one of the things that Africa will be expecting from Kenya is to push for representation of Africa as a permanent member of the UN Security Council. This is because Africa is the only continent that is not represented among the five permanent members. Every other continent has a member. This is historical injustice. One of the things that need to be pushed harder is to insist that the legitimacy of United Nations is under threat because of lack of representation by Africa and the Arab World among the veto countries in the UN Security Council. Most importantly, I think this is a big win after the country lost the position of AU leadership and also, after we lost the bid to host the African Continental Trade Area. It is an achievement. It means Africa and the world believes in Kenya. However, as I said, we would be looking at the behavior of our neighbors and particularly, Somalia, which came forward openly to say that it was not going to support Kenya. We have seen reports that other countries like Ethiopia, Sudan and even Tanzania opposed Kenya’s bid. I think this is worrying. We would like to call upon the Government under His Excellency Uhuru Kenyatta to put more emphasis in bringing those countries closer to Kenya than what we saw during the voting. With those few remarks, I support.
(Hon. (Ms.) Jessica Mbalu): The Member for Ijara, Hon. Noor Sophia. At least, let us get the other gender. Kindly have the Floor. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Temporary Deputy Speaker for giving me this chance. I feel honored because this is a subject that I have dreamt of for very many years. At the outset, I want to congratulate His Excellency the President of the Republic of Kenya, President Uhuru Kenyatta. I also want to congratulate the Ministry of Foreign Affairs, our Departmental Committee on Defence and Foreign Relations and every Kenyan who took an interest to follow the issue of this particular election. I want to put it on record very clearly that the Member who has just finished his contribution has said that we were vying for the second time. No! This is our third time of vying at the UN Security Council. Those of us who have been following and going to the UN forums know what it means for your country to sit in the UN table. We have been in the corridors lobbying. We have been in the side events lobbying with other governments to tell them issues of youth, human rights and women. These are issues that we have done for many years as the women of this nation when we go to the UN forums. I particularly understand because I have been to those forums for many years and I know how important this seat is for us as a country. We have been leading in Africa. This has proven that we can take responsibility. On this responsibility that we have taken on behalf of Africa, we must stand tall and be counted as a country. We must take responsibility on issues of human rights, governance, youth empowerment, building bridges and sustainable development, among others. Members talked about our neighbors not voting for us. However, I am at pain that there are countries that come and do business in our country and they did not vote for us. China is one of them. They do all sorts of businesses in this country and they avoided and refused to vote for us. Yes, we were taken to ICC. My constituency is at the tip of that triangle we are talking about. When I talk and stand here, I know what it means for us to take our case to the UN Security Council. Peace and security are crucial for our continent, country and even my constituency. Last night alone, a whole village was burned down completely. Women were raped. The chiefs had to run away with three KPRs who were in the village. So, we want to lead from the front as a country. We are privileged and honored by the world and particularly, by the African Continent, for being their flag-bearer. We want to say thank you very much to the African Continent. We want to appreciate them. They have given us a status that we believe Kenya belongs to. As a country, we must stand together. I want to appreciate all those young men and women who took to social media in congratulating Kenya and the world in appreciating what the world has given to us. With those few remarks, I want to say thank you again and I support.
(Hon. (Ms.) Jessica Mbalu): Vey well, Hon. Member for Ijara, Hon. Sophia Noor. We are sorry for what happened in your constituency last night as you said. Let me now have Dr. Makali Mulu, the Member for Kitui Central. Have the Floor please.
Thank you, Hon. Temporary Deputy Speaker for giving me this opportunity to also add my voice to this important Motion. I must start by thanking the Mover of the Adjournment Motion, Hon. Katoo ole Metito for this time. Were it not for him, we would not be debating this important issue. I just want to say congratulations to Team Kenya bearing in mind that this was as a result of teamwork. The team leader was Hon. Uhuru Kenyatta. So, as we say congratulations to the President, we cannot forget the others who also put a kilo in ensuring that Kenya gets an opportunity to sit at the “High Table”. 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.
There are others who are also not in the Government. In this country, we have serious diplomats who are currently not civil servants, and who played their part. I have in mind somebody like our party leader, Hon. Kalonzo Musyoka. He is actually a renowned diplomat in this country. I am sure those groups have also been giving very good recommendations so that the country gets this position. Others like the former Prime Minister, who has also been interacting with many international figures, has also put in a good word for Kenya. Therefore, this has been the result of serious teamwork and we must say kudos to all Kenyans for getting that important position. However, even as I say that, Hon. Temporary Deputy Speaker, Kenyans are asking what is there for us. You know, at the end of the day, it is a matter of how Kenyans are going to benefit even before the rest of Africa benefits. Indeed, there are quite a number of benefits which come with this seat. I am not surprised to see that our neighbors are not supporting us. They are envious of Kenya getting that position. Hon. Temporary Deputy Speaker, you know there is this saying that you can choose your friends, but you cannot choose your neighbor. I get very surprised when I see our neighbors not supporting us because while we can choose our friends, we cannot chose our neighbors. Moreover, I think we should encourage good neighborliness so that we can all move forward. On this matter of the United Nations (UN) Security Council seat, many things will be discussed at that table. I have in mind - like most of my colleagues have said - security and women issues; security and economic development; security and trade; and, issues to do with terrorism. Additionally, there are issues to do with culture and security. All these issues are very inter-related. You cannot have security when those other issues are not functioning properly. I would be very interested in encouraging Kenyans that when we sit on that high table, we must do a lot of work to ensure that we benefit from it other than just security issues. We should benefit economic-wise too. I am saying that you will be sitting with the "big boys" and "big girls" on that table. That is the Chinese of this world, the United States of America (USA), Russia and other powerful nations. Actually, India is also coming up very well in terms of trade. I really want us to take advantage of that so that we can create trading opportunities. Hon. Temporary Deputy Speaker, these days, people are no longer talking about development aid. They are now talking about trading opportunities. Because of trading, you are able to grow your economy. Hon. Temporary Deputy Speaker, that is why I get very worried when I see China not supporting Kenya. When I look at our debt portfolio, China is ranking at the top there. We have borrowed so much from China. We are paying them so much every year through their programs and yet they cannot vote for us. Hon. Temporary Deputy Speaker, I really feel bad and I want to say for us to continue this kind of relationship with China, they either change or we are going to change.
We are now looking East! We can look South and we can look North. We must say that and I think we have no apologies when we are saying that because it is the issue of "scratch my back I scratch yours.” With those remarks, I support. Thank you Hon. Temporary Deputy Speaker.
Hon. (Ms.) Jessica Mbalu
Dagoretti South, JP
Hon. (Ms.) Jessica Mbalu
Dagoretti South, JP
Hon. (Ms.) Jessica Mbalu
Thank you, Hon. Temporary Deputy Speaker. I want to add my voice to those of my colleagues. I take this opportunity to thank the Almighty God for giving Kenya this opportunity through the President and other players to make Kenya a member of the United Nations Security Council. Many people are wondering why some of the countries we believed would support us did not. That should not be something that we keep deliberating on. We need to move on and thank God because we have been given the opportunity. The key mandate of the United Nations Security Council is to maintain international peace and security. It entails the social security and environmental security, among others. We know very well that the other mandate of UNSC is to develop friendly relationships among nations. So, we need to take this opportunity to create that friendly relationship among our siblings, especially in the EAC, where we are not working well together. We need to find out what is this that is not making us move together. We have the AU which is so silent nowadays since we had the late President Daniel arap Moi as Chairman. It is one of the bodies that would have assisted us in moving together as a Continent. Globalization has been stopped by the COVID-19 pandemic. But globalization is so fluid because whenever there is a crisis, our people in other countries suffer, particularly those of African descent, because of racism. The UNSC should attend to that matter and rescue our people from racism. If we are not in that Security Council as Africans, we cannot raise the issues about our people when the time of need such as this arises. Even after attaining this position, we have some Kenyans who seem not to celebrate. They write wanting content on social media. We want to cultivate patriotism. We should look back and reflect: Where did we lose patriotism in this country to the extent that such gain is not celebrated by all? When the country gains, it is the motherland that has gained and we need to celebrate together. Like my brother said, we should not only celebrate when people win in athletics. We need to celebrate anything else that is positive for this country.
Hon. Temporary Deputy Speaker, it is true and I want to add my voice to the disappointment in the expectations we had on China, a country that is taking billions of money from this country. We thought they were going to stand with us in thick and thin but the opposite has happened. I support my colleagues by saying that China should not behave like ticks on us - to suck our blood and never give us anything in return. It is important that if they have taken everything - all these huge contracts - they should stand with us at a time of need because we also stood with them at their time of financial and economic 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.
I support this Motion. We are always learning and shall forge forward for patriotism through the leadership of the President, His Excellency Uhuru Muigai Kenyatta. I thank you.
(Hon. (Ms.) Jessica Mbalu): Very well. Let us have the Member for Ainabkoi.
Hon. Temporary Deputy Speaker, thank you for giving me this opportunity to talk on this success and we accept it with a lot of zeal. I take this opportunity to thank His Excellency the President for campaigning through virtual platforms and the ICT infrastructure. It is, indeed, my deepest appreciation to God Almighty, to His Excellency the President and the people of Kenya for achieving the benefits of Kenya sitting in this highest organ of the United Nations Security Council with a composition of 15 Members. I thank those who supported us. I refuse to believe that our neighbours could not support us. The reason is that success breeds envy; success breeds jealousy and success breeds hatred. But the benefit of Kenya sitting in the UNSC is justice and bilateral trade, climate change and human rights. I again thank the spirit of team work. Kenya’s ambassadors, the Cabinet Secretaries; Monica Juma, Rachelle Omamo and Dr. Kamau did a great job, including the athletes who come from my own constituency. Mr. Eliud Kipchoge, Kipchoge Keino and Daniel Komen all come from my constituency. The Chirchir Center and Kaptagat are in my constituency. It is 10,000 feet above sea level and so, the environment is good. Mo Farah from the UK and all athletes from Ethiopia train in my constituency and in Uasin Gishu. So, this is a great opportunity. Kenya is a great country. I want to tell Members that all this is because of the persistence, passion, connection and networking spearheaded by the President who, according to Article 131 (a), is the Head of State and Government. In Article 131 (d), he is the Commander-in-Chief of Kenya Defence Forces. That is a Five-Star General. He is actually a gentle giant. He is a good man who accommodates everybody, including Uganda and Tanzania, just to mention but a few. When I was in the Ministry of East African and Regional Co-operation, COMESA, AGOA and IGAD were all spearheaded by Kenyans. Ambassador (Eng.) Mahboub Maalim, who happens to be the current Chairman of Kenya Power was in Djibouti. We used to fly to Djibouti to negotiate for our country, especially on AGOA. As you know, the clothes from the EPZ are exported to America. It is unfortunate that China never voted for us and yet, we are supporting them. It is, therefore, true that we must sit and consult further. But we want to thank His Excellency the President…
(Hon. (Ms.) Jessica Mbalu): Very well. Let us have the nominated Member, Hon. Ibrahim Sahal.
Thank you, Hon. Temporary Deputy Speaker for giving me this opportunity to contribute. First and foremost, I want to congratulate our beloved President for lobbying for our country and Kenya being elected to be a Non-Permanent UN Security Council Member.
As you know from a long time ago, Kenya is a blessed and peace-loving country. Since the 1970s, we used to host refugees from different parts of the world. That is why we are honoured to get this position as a country because we are peace-loving. The win was also largely attributed to Kenya’s support to Somalia and South Sudan as well as supporting those countries fragile governments. 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 win for Kenya is also seen largely as a win for EAC. It will improve our involvement as a country on international peace and security in accordance with the principles and purpose of the UN. The opportunity to exercise the trusteeship functions of the UN is a strategic area. This is a real honour for Kenya. I really appreciate all those who supported us in order to achieve this position. I support.
(Hon. (Ms.) Mbalu): Thank you so much for observing time. Let me have the Member for Mukurweini.
Thank you, Hon. Temporary Deputy Speaker. As I stand here, I am a very proud Kenyan today. That is because Kenya is a Member of the UN Security Council. I want to take this opportunity to congratulate President Uhuru Kenyatta for his vigorous campaign to ensure that we got this slot at the UN Security Council. I also want to thank the Ambassador and, of course, the team that was able to bring this seat home, including Ambassador Kamau and one of my good classmates Ms. Koki Muli. The primary responsibility of a security council is to ensure there is security in the world. Sometimes, if need be, they are the ones in charge of peace operations and may deploy forces if need be. The United Nations Security Council plays a prominent role not only in the international affairs, but also enjoys robust powers including imposition of sanctions and, of course, the authorization of military action when international peace is threatened. This is a club of big boys. We are talking of about five permanent members and 10 rotational members. Kenya getting this chance is a big honour. Quite a number of people have been asking what it brings to our country. It brings with it a lot of prestige and clout in the geopolitics of the world when it comes to handling matters relating to peace. As it has been said before, when there is injustice anywhere, then there is no security. One of the things that Kenya will be doing is to ensure there is peace everywhere in this world and, particularly, in the Horn of Africa where we are surrounded by neighbours who are very unstable. Kenya has been known to be a peace maker and island of peace. You can look at Kenya’s intervention in places like South Sudan and Somalia by giving troops for UN Peace Keeping Missions. Kenya has been known to be one of the places that enjoy peace and tranquility. But, as it has been put by Hon. K.J. it is also important to look at the issues inward. If we talk about racism in the United States of America (USA), that brings injustice. We must also look internally and get to know that tribalism also breeds insecurity and brings a lot of division in our country. We must also ensure that, as we maintain peace in those unstable countries, we do the same here in Kenya and ensure tribes do not fight each other. That is because peace must start from within. Kenya is known to host some of the largest refugee camps like Kakuma and Dadaab. They are some of the sources of instability and insecurity in the region. We must ensure that refugees enjoy human rights just like the locals. As we do this by extending human dignity and human rights to them, we shall also enjoy peace and security. I know Kenya is also the headquarters of UN organisations like the Unite Nations Environmental Programme (UNEP). It shows the kind of trust and confidence the world has on our Republic. We want to thank the Government of the day because these things do not just happen. They happen because in the geopolitics, we are also known to be peaceful people. As I finish, we have to look at the way the countries voted and revisit our relationships with our neighbours; be it Somalia, Tanzania and, more particularly…
(Hon. (Ms.) Mbalu): Let me have the Member for Funyula, Hon. Oundo Ojiambo. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Temporary Deputy Speaker. I have been patiently waiting, but I am told the mistake was mine. Nevertheless, let me join my colleagues in congratulating Team Kenya led by the President, His Excellency Uhuru Muigai Kenyatta, and all those who were involved in lobbying for this position at the UN Security Council. It is a manifestation that Kenya is highly regarded in the world and, therefore, it is important that we sit where key decisions are being made. It is a reward for our dedication towards world peace and peace keeping missions in the region, especially Somalia. Also, a dedication towards world activities and a reward for the good performance for our ambassadors the athletes, and all other people who are associated with Kenya and have been trailblazers. I am sure such kind of an exalted position brings jealousy. But as my colleagues have said, once elections are done, it matters less. We serve everybody who is a UN Member regardless of who voted for us or who did not. We must demonstrate our commitment to the rule of law and democracy because, ultimately, that is what UN Security Council is all about. With those few remarks, I want to congratulate Team Kenya and let us give a pat to ourselves and, especially, the Right Hon. Raila Amollo Odinga for his support to bring peace and tranquility in this country. Thank you, Hon. Temporary Deputy Speaker.
(Hon. (Ms.) Mbalu): Thank you for the compliments. The people of Kibwezi East are also among those who are congratulating President Uhuru Kenyatta and are proud to be Kenyans. From where I sit, let me congratulate all the Members who have contributed to the Motion for Adjournment and those who have participated in this afternoon Session. From the Speaker’s Desk, we are proud of all Members. I also congratulate Hon. Kimunya for being appointed and taking the seat of the Leader of the Majority Party. I also thank the outgoing Leader of Majority Party, Hon. Aden Duale.
(Hon. (Ms.) Mbalu): Hon. Members, the time being 7.00 p.m. this House stands adjourned until Thursday, 25th June 2020 at 2.30 p.m. I thank you all.
The House rose at 7.00 p.m.