Order, Hon. Members! Order! Order, Hon. Members! We surely have quorum and we will proceed to the business of the day. Hold briefly because there are a few things that we want to settle. Otherwise, we have the required quorum. Give us just a minute to sort out something small here.

Order, Hon. Members! Order! Order, Hon. Members! Those who are coming in, you need to freeze. Hon. Members, I take this opportunity to welcome you to the Special Sitting of the House today which have been convened pursuant to provisions of Standing Order No.29 relating to the procedure for convening of Special Sittings of the House during recess. Indeed

Hon. Members, pursuant to the provisions of Standing Order No.42, I wish to convey a Message from His Excellency the President relating to nomination of persons for appointment to the offices of the chairperson and members of the Kenya National Commission on Human Rights. In the Message, His Excellency the President conveys that in exercise of powers conferred on him by Article 250(2)(b) of the Constitution, and in accordance with the procedure set out in Section 11(3) of the Kenya National Commission on Human Rights Act (Act No.14 of 2011) as read together with Sections 3 and 5 of the Public Appointments (Parliamentary Approval) Act, 2011, he nominates the following persons for appointment to the offices of chairperson and member of the Kenya National Commission on Human Rights, respectively: 1. Ms. Roseline Doreen Adhiambo Odhiambo-Odede, HSC - Chairperson 2. Prof. Marion Mutugi Wanjiku - Member 3. Dr. Raymond Plal Sang Nyeris - Member 4. Ms. Sarah Talaso Bonaya - Member 5. Dr. Dennis Nyongesa Wamalwa - Member Hon. Members, His Excellency the President, therefore, seeks the approval of this House of the nominees for appointment to the aforementioned State offices. Hon. Members, Standing Order 45 requires that upon receipt of notification of nomination for appointment, such nomination shall stand committed to the relevant departmental committee of the House for consideration. In this regard, pursuant to the provisions of this Standing Order, therefore, and paragraph (3) of Standing Order 42 (Messages from the President), I hereby refer the Message relating to appointments to the Departmental Committee on Justice and Legal Affairs to undertake the necessary approval hearings. Whereas Section 7 of the Kenya National Commission on Human Rights Act, 2011, provides a lesser period within which the House is to consider the respective nominees, Section 8 of the Public Appointments (Parliamentary Approval) Act, (Act No.33 of 2011), requires the National Assembly to undertake the exercise within days. In this regard, the Committee should undertake approval hearings and submit their report within the 28-day period provided for in the Public Appointments (Parliamentary Approval) Act, (Act No.33 of 2011), being the most recent amendment made by Parliament with respect to the general period of vetting of State appointees. Hon. Members, as you are all aware, the National Assembly, together with all its committees, is already on long recess until Tuesday, 25th January 2022, which will be first sitting day of the Sixth Session of this Parliament. The House resumed for the current Special Sittings to only consider the business specified in the Gazette Notice No.14165 of 24th December 2021. In this regard, the counting of the period specified in Section 8 of the Public Appointments (Parliamentary Approval) Act, 2011 will start upon resumption of the regular sittings of House and its committees on 25th January, 2022. That being the case, the statutory timeline will lapse on Tuesday, 22nd February 2022. Hon. Members, the Departmental Committee on Justice and Legal Affairs is required to notify the public and the nominees in good time. Thereafter, upon resumption of its sittings, the Committee is to undertake the necessary approval hearings and submit its report to the House before Tuesday, 15th February 2022 to enable the House consider the proposed appointment within statutory timelines. I thank you, Hon. Members.

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

Hon. Members, take your seats, there is another Message.

( (Loud consultations)

Order Members! Hon. Members, some things are best ignored. So, let us proceed.

Hon. Members, pursuant to the provisions of Standing Order 41, I wish to report to the House that I am in receipt of a Message from the Senate regarding the decision of the Senate on the National Assembly’s amendments to the County Governments Grants Bill (Senate Bill No. 35 of 2021). The Message conveys in part “that on Tuesday, 21st December, 2021, the Senate considered the amendments made by the National Assembly to the County Government Grants Bill (Senate Bill No.35 of 2021) and rejected the said amendments”. You will recall that the County Government Grants Bill (Senate Bill No.35 of 2021), which largely seeks to provide for the allocation of conditional grants to county governments for the Financial Year 2021/2022, and to also provide for the responsibilities of county governments pursuant to such allocations amongst other purposes was passed by the National Assembly on Thursday, 2nd December 2021, with amendments. Hon. Members, the National Assembly made amendments to the title of the Bill, clauses 1, 2, 3, 4, 8, 9, First and Second Schedules. The amendments were thereafter forwarded to the Senate for consideration. The Senate, having rejected the National Assembly’s amendments now effectively commits the Bill to a Mediation Committee in terms of Article 112(2)(b) of the Constitution. Article 113(1) of the Constitution requires the Speakers of both Houses of Parliament to appoint a Mediation Committee comprising of equal number of Members of each House to attempt to develop an agreed version of the Bill for consideration by the Houses of Parliament. While forwarding the Message to the National Assembly, the Rt. Hon. Speaker of the Senate also conveyed that he has appointed the following Senators to the Mediation Committee: 1. Sen. Charles Kibiru, MP; 2. Sen. Moses Wetangula, EGH, MP; 3. Sen. Mutula Kilonzo Junior, MP; 4. Sen. Rose Nyamunga, CBS, MP; 5. Sen. Farhiya Ali, CBS, MP; Hon. Members, having consulted the leadership of the Majority and Minority parties in the National Assembly, I hereby appoint the following Members to represent the National Assembly in the Mediation Committee to consider the said Bill: 1. The Hon. Kanini Kega, CBS, MP; 2. The Hon. (Dr.) Kanyuithia Mutunga, MP; 3. The Hon. Naisula Lesuuda, OGW, MP; 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.

4. The Hon. Millie Odhiambo-Mabona, CBS, MP; 5. The Hon. (Dr.) Makali Mulu, MP. With this development, the Mediation Committee on the County Government Grants Bill (Senate Bill No.35 of 2021) is now fully constituted.

Given the importance of the Bill in financing development programmes in county governments under conditional grants, I call upon Members of the Committee to embark on the process of developing a mediated version of the said Bill within the timelines contemplated under Article 113(3) of the Constitution.

May I also remind the Committee that pursuant to the established parliamentary practice, the counting of the 30-day period within which the Committee should conclude its task will commence upon the first meeting of the Committee. Further, it is advisable that in attempting to develop an agreed version of the Bill, the Committee confines itself to the aforementioned contentious clauses of the Bill as well as any other consequential clauses.

Chairperson of the Justice and Legal Affairs Committee, you have the Floor.

Thank you, Hon. Deputy Speaker. Pursuant to the Communication on harmonisation that you delivered on 22nd December 2021, I have the honour of laying the following Paper on the Table of the House: Addendum Report of the Departmental Committee on Justice and Legal Affairs on its consideration of the Political Parties (Amendment) Bill (National Assembly Bill No.56 of 2021).

Very well. What is it, Hon. Duale?

Hon. Deputy Speaker, I stand under Standing Order No.83 to ask you to make a ruling on the Report that has just been tabled by the Chairman of the Departmental Committee on Justice and Legal Affairs, in as far as recommendation No.2 is concerned. I hope the Clerk of the National Assembly will give you a copy of that Report so that you follow along when I raise my issues.

Articles 93, 94, 95, and 109 of the Constitution spell out the legislative role of a Member of the National Assembly. The constitutional legislative role is one which the Constitution itself has not limited and hence, cannot be stifled by anyone, including a committee of this House, either by statute or the rules of the House. Therefore, it is within the constitutional right of a Member of this House to propose amendments…

(Spoke off-record)

Hon. Deputy Speaker, I am on a point of order.

Hon. T.J., you are a seasoned Member of this House. Let us allow Hon. Duale to finish his contribution. I will give you an opportunity, but allow him to conclude. I am sure he will not take another minute.

Hon. Deputy Speaker, it is a matter that I have researched on. Hon. T.J. should give me my space. It is only the Speaker who can order for the withdrawal of proposed amendments if they fall under three categories, namely, one, where the proposed amendments are unconstitutional, two, where the proposed amendments have a money Bill provisions in terms of Article 114 of the Constitution, or three, where they offend any Standing Order including Standing Order No.133(5), which provides that a Member cannot move amendments that, among other things, expand the scope of the Bill or are inappropriate. 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.

Those are the only three instances where the Speaker of the National Assembly can reject an amendment by a Member. The powers of the Speaker to make a determination on whether any proposed amendments to a Bill are unconstitutional or contrary to the rules of this House are anchored in Standing Order No.47(3).

It is worth noting that Standing Order No.131 on harmonisation…

Order, Hon. Duale. Let us get this specific issue. What is it?

Hon. Deputy Speaker, although Hon. Duale has risen on a point of order, the context of his discussion is an intervention. I have something which is out of order in the House.

Is it in order for the Member for Garissa Town to make an intervention on a Report for which there has been no Motion before the House to debate? Is it in order for us to discuss a Report laid before us in the anticipation of debate without a proper Motion brought before us for debate? Is that in order?

Take your seat, Hon. Duale. Hon. Kajwang’, first of all, I have not heard Hon. Duale asking the House to discuss this particular issue. He is seeking the Speaker’s ear. Even as you do that, Hon. Duale, you must be very clear. You have indicated that the Speaker can only do this and that. Is there anything the Speaker has done thus far? Absolutely not. As you conclude, I also want you to look at the Order Paper for today. Probably you will see whether there are any issues arising. In due time, Hon. Duale, I will make a Communication to give you directions on how we will handle the Committee of the whole House. You can conclude with that in mind. It may not be necessary for me to give any…

Hon. Deputy Speaker, as the Member for Garissa Town, I have all the right to seek guidance from the Speaker. Hon. T.J. Kajwang’ should relax. You are not here to interpret what I am saying. You do not read my mind and you were not in my house when I was drafting this. So, relax. You are the Member for Ruaraka and I am the Member for Garissa Township. I have my space and I will give you yours. My matter is on the Report which has been tabled. Recommendation No.2 states that the Departmental Committee on Justice and Legal Affairs recommends that the amendments of the following Members should not be discussed. Having read for you the three categories that recommendation should be expunged from the tabled Report. You must give direction. It is not the power of the Committee. A Committee is an extension of the House. A Committee cannot deny me outside the three items: Articles 133(5) and 114 of the Constitution, and where the matter is unconstitutional. If we allow this to continue, it will set a bad precedent. I ask you to expunge recommendation No.2, so that we can move and execute our amendments at the Committee of the whole House.

Hon. Otiende Amollo, what is your point of order?

Thank you, Hon. Deputy Speaker. The Chairman of the Departmental Committee on Justice and Legal Affairs has only tabled the Report. Therefore, any issue in terms of the Report cannot arise before debate starts. The point is that Hon. Duale stood under Standing Order No.83. Standing Order No.83 is not a substantive provision; it is an enabling provision. He needs to cite to you which Standing Order he is standing under so that he points out what is out of order. Standing Order No.83 is merely enabling and it actually only allows you to intervene when another Member is contributing. In this case, no Member was contributing and I want to urge you to rule Hon. Duale out of order, so that we may proceed.

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

Hon. Members, this morning, I would not expect at all that we are going to get bogged down on technicalities. I have asked Hon. Duale to look at the Order Paper. Even those particular proposals by the Chairperson of the Departmental Committee on Justice and Legal Affairs (JLAC) and his Members have not been factored in terms of what is contained on the Order Paper. All the Members who have made their requests to make amendments are going to have their say other than those that will on technicality be struck out for various reasons, which I will read. They are not many and, therefore, there should not be a problem at all. A committee is a committee of the House. The House has the power over committees and there should not be an issue at all. Hon. Ichung’wah, what is it? We should make it brief because we want to go to the main agenda of what we came in for.

Thank you, Hon. Deputy Speaker. I will be very brief. I think the only reason Hon. Duale was raising that issue, and I am well guided on what you are saying in terms of the Order Paper and the Communication you are to give, is because we are in a House of records. When a Paper is laid, it becomes a record of the House and we will stand guided by your Communication. It is also worth noting that I got a communication from some Members of the Committee that there is also a minority report and I want to beg you to allow them to table, so that it also becomes the record of the House. Thank you.

In the meantime, I want to again refer Members to the Order Paper. If you have seen it, you will notice that many of these amendment that have been proposed by Members are on the Order Paper and will be canvassed. The issue of the Committee Report is neither here nor there because we cannot again send a matter to a committee and guide them on how they should proceed. Once it comes here and we are sure we do not want it, we simply have it as information for Members. There should not be an issue at all. On the issue that has been raised by Hon. Ichung’wah, I am trying to confirm whether there is a minority report. A minority report is always tabled together with the report for as long as it is part of it and then you can discuss it at the Committee stage. I am going to confirm that now.

Order, Hon. Members! Just relax. We are looking at it very keenly. I have to confirm that. Hon. Members, please, give me a minute to confirm the attachments there and see whether it is part of it.

The Report is being photocopied. I am informed that the minority report is part of the Report. That should not be an issue at all. We will go to the next Order because we need to make progress. Hon. Members, before we move to the next Order, I have a Communication to make.

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.

Who is this Member? Order, Hon Peris Tobiko. I understand that you cannot… Let me not say what I wanted to say. Just take your seat. Order Members!

Order, Members. Hon. Members, we are now in Committee of the whole House to consider the Political Parties (Amendment) Bill (National Assembly Bill No.56 of 2021).

Hon. Members, I would like you to relax. Take your seats. I know there is a bit of excitement around this particular business, but it is our business. This business belongs to this House and it will be dealt with in accordance with the rules of this House. So, Hon. Members, just relax. I will endeavour to be as fair as possible to all the Members that have something to say to this business.

Hon. Members, just before we commence, I am sure that all of us are prepared and we are now about to start to deal with this particular Bill. Taking to account the enormity of the business that is before us, but it is just normal business, I want to give this guidance so that everybody is on the same page. I will be allowing probably about four Members to make contributions on every item that will be before the House. We shall have, at least, two from each side. Once we do that, if there is anything, I will give the business to the House to make a decision one way or the other. So, we shall be fair.

There is a proposed amendment by the Hon. John Mutunga and another one by the Hon. Alice Wahome. We shall take off with the one by Hon. John Mutunga. If the one by the Hon. John Mutunga succeeds, the one by the Hon. Alice Wahome will be dropped.

Hon. Mutunga, you have the Floor.

Hon. Temporary Deputy Chairman, I beg to move:

THAT, Clause 3 of the Bill be amended – (a) in the proposed new section 4A by inserting the words “equity through” immediately after the word “promote” in paragraph (c); (b) in the proposed new section 4B- (i) by inserting the words “dominant colour” immediately after theword “symbol” in the marginal note; 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.

(ii) by inserting the words “dominant colour” immediately after the word “symbol” in sub clause (1); (iii) by inserting the words “dominant colour” immediately after the word “symbol” wherever it appears in sub clause (2); (iv) by inserting the words “dominant colour” immediately after the word “symbol” in sub clause (3);

My amendment basically looks at Clause 3 especially subsection 4A. I propose that we add the word “equity” through. The Clause does not seem to bring out the meaning. I wish to read it, 4A says that: “A political party may recruit---” I am talking about part (c). “---promote representation in Parliament and county assemblies of women, persons with disabilities--- I believe that what we are trying to promote here is equity.

The Hon. Chris Wamalwa, hold your horses. Let him finish moving. I will allow you to speak after he finishes moving.

Proceed.

Hon. Temporary Deputy Chairman, what we are promoting here is not representation. We are promoting equity through representation. That is why I am proposing we add the words, “through representation” immediately after the word “promote” so that it reads: “promote equity representation in Parliament and county assemblies.” If we look at the different categories of representatives mentioned there, we are talking about the word equity. The word “equity” is missing. So, we are not promoting representation, we are promoting equity by picking relevant numbers of people of different categories so that they may represent in this particular case.

I have also proposed some amendment in Section 4B, which speaks about several reservation of the name, symbol and slogan. I propose we add the dominant colour of the party. Parties are identified by colours. A party like ODM is identified by orange, Jubilee Party is identified by red, and Wiper Democratic Movement is identified by white. If we leave the words “dominant colour”, there is a likelihood that people will take other parties’ colours, later on and this will bring confusion. We want to identify a congregation by its colours. Any meeting that we shall have out there or even when members of a party are meeting, they need to be identified by colour. That is why I am proposing that we add ‘dominant colour” as one of the things to be lodged with the Registrar of Political Parties. So, in all situations where we are referring to the slogan, the symbol and the name, we should also add “dominant colour”.

Hon. Temporary Deputy Chairman, I submit.

Hon. (Dr.) Chris, just hold your horses. Let me propose the question then you can move your amendment.

( Question of the amendment proposed)

Before we kick off, there was a point of order from Hon. (Dr.) Chris Wamalwa. 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 am seeking your direction because the Order Paper has been rearranged in an illogical flow. My humble request is that when a Member is proposing an amendment, it will be better if they cite the page so that Members can be able to follow. It is as simple as that. That is why point of orders normally take precedence. I have struggled, but in the long run, I have realised that the amendment was on page 1660. That is what I meant. Members should be able to follow and to debate accordingly.

That is in order. We shall now have contributions. The first one will be, Hon. Opiyo Wandayi, Member for Ugunja.

Hon. Temporary Deputy Chairman, even before I make any comment on Hon. Mutunga’s proposal, we all agree that we are at the Committee of the Whole House, and extra ordinary times call for extra ordinary measures. If we move like this, then considerably we will not be able to finish. My suggestion is: Why can we not go by the amendment proposals as they appear on the Order Paper, without having to call the Mover to read and explain. The amendments are self-explanatory. We can all understand what the---

Hon. Wandayi, this is the advice from the Chair; all the amendments that we are considering here are listed in the Order Paper. If you have a copy of the Special Sitting Order Paper, you will see them.

I can see them.

We will just follow procedure. We will not be afraid to sit here until midnight if we have to. Do not be afraid.

I am guided. Having said so, the proposal put forth does not make sense. There is no way you will have every party have a dominant colour because these colours are not infinite in number. In one way or the other, parties will share colours. With due respect, I oppose.

The next contribution is by the Hon. Kositany, Member for Soy.

Hon. Temporary Deputy Chairman, for us to proceed, I ask that you put the Question.

Hon. Members, is it the mood of the House that we put the Question on this?

Put the Question!

Hon. Members, the Member for Soy has requested that we put the Question on this. Is it the mood of the House that we do so?

Yes!

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Hon. Members, just hold your horses. Order! Order, Member for Dagoretti South! Order, Members! Hon. Members, just hold your horses. Order, Members.

Hon. Members, let us have order. This is the direction, the Question that was put was on whether to put the Question on Hon. Mutunga’s amendment. Now we shall proceed to consider the proposed amendments by the Hon. Mutunga by putting the Question on it. What Hon. Kositany had requested was whether the Question was to be put. That is what the Chair did. Now we shall proceed to put the Question on Hon. Mutunga’s---

Hon. Members, just hold your horses and this Chair will be fair. Hon. Members, listen. This is now the business.

Just retain your seats. I am on my feet.

Hon. Members, the Members who voted yes have raised the numbers for Division. We shall now proceed to vote by Division. You have the numbers.

Hon. Members, we shall have Tellers. We will follow the procedure that was followed in this House last week. Just prepare yourselves. I direct that the Division Bell be rung. It will ring for five minutes for the convenience of the House. As we prepare for this, the “Ayes” and “Nays” sides should each provide two Tellers. After five minutes, I want to see two Tellers from each side.

Order, Members. The time for ringing the Division Bell has lapsed. I want to see the Tellers. Hon. Pukose and Hon. Gladys Shollei are the Tellers for the “Ayes”. The Teller for the “Nays” is the Member for Teso South. They are all here. Let us make progress. 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, Member for Kikuyu and Member for Kajiado! Let us have order in the House. Members, we are now ready to vote. We will now proceed to vote. You will just come, state your name and vote. Order, Members who are in the Gallery. Let us proceed to vote. Voting is going on. You just come forward and vote. It will be recorded. The“ayes” are on my right and the “nays” on my left. Let us vote.State your name and indicate how you are voting.

Order! Order! Hon. Members, take your seats. Just hold on. You will dance. Resume your seats. We have closed the voting and tallying is going on. We will announce the decision as soon as the tallying is done. Just resume your seats. Everyone to go back to their seat. Member for Aldai, you are out of order. Go back to your seat. Wacha mchezo wewe. Resume your seats. Nominated Member, Hon. Sankok, go back to your seat. Hon. Kabeabea, resume your seat. Resume your seats, Members!

Serjeant-at-Arms, remove these Members. Send them back to their seats. Tallying is going on. Once it is completed, we shall make a pronouncement on the vote.

Hon. Temporary Deputy Chairman, the manual results of the Division on Clause 3 be amended as proposed by Hon. John Mutunga are ayes 123 and noes 118.

Hon. Members, take your seats. Order Members! This is the business of the House. Hon. Members, decisions in this House are made by the votes of the Members. Hold your horses. Member for Turkana South, this The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

is not a war zone. It is a debating Chamber. Take your seat. I want to advise the Member for Turkana South. Even if you jump 20 metres into the air, you will not scare me.

Hon. Members, I want to give a direction. Because the virtual vote was not displayed in this House, it will not count in this particular Division.

Therefore, I want to guide the office of the Clerk. Virtual voting is part of the process of this House. Take your seat, Member for Bomet! Because it was not displayed, it will not count in this Division. Therefore, as it stands now, the vote is ayes 123 and the noes 118. The ayes have it.

Thank you, Hon. Temporary Deputy Chairman. Noting the fact that Hon. Mutunga’s amendment has gone through and it was adding value to the clause, I wish to withdraw my amendment.

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 a point of order, Hon. Temporary Deputy Chairman.

Very well, Hon. Alice. Hon. Sankok, what is out of order?

Thank you very much, Hon. Temporary Deputy Chairman. The COVID-19 protocols have not yet been reviewed. We are breeding ground for COVID-19 here.

Hon. Sankok, can you lower your crutches?

I cannot do that because I have seen Hon. Babu Owino. He can run away with my legs again. I have to protect them. Unless you protect me, I cannot lower them.

You are protected by Hon. Temporary Deputy Chairman, Hon. Sankok. Lower them.

Will you protect me?

You are fully protected.

Thank you, Hon. Temporary Deputy Chairman.

COVID-19 protocols have not yet been reviewed. We are overpopulated here. These Members will go back to every corner of this country. This is a breeding ground for COVID-19. We are at risk. Adjourn the House, Hon. Temporary Deputy Chairman.

Hon. Sankok, take your seat.

Hon. Members, now that Hon. Alice has withdrawn her proposed amendment, we will take the vote on Clause 3.

Division! Division!

Good. Let us vote again. Tuendelee . Wacheni

. Hon. Millie Odhiambo, wachana na maneno haya . Kaa chini . Hon. Babu Owino, do not come close to me. Stay there.

Hon. Members, that was the global Question on Clause 3.

Hon. Temporary Deputy Chairman, you have not ruled on my point of order. Adjourn this House. We will kill Kenyans. The blood of Kenyans will be on your hands. Adjourn this House. Rule on what I have raised. I have requested for a ruling.

Hon. Members, Clause 3 has passed with the amendments proposed by Hon. Mutunga. We are now moving on to Clause 4. 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 is a proposed amendment by Hon. Alice Wahome to Clause 4.

Thank you, Hon. Deputy Chairman. Noting that I have withdrawn my amendment to Clause 3, I equally wish to withdraw my proposed amendment to Clause 4 because it relates to the question of symbols and slogans, which has already been passed through Clause 3. I thank you.

The effect of the withdrawal of the proposed amendment by the Member for Kandara is that Clause 4 has no amendment. Therefore, I proceed to put the Question.

Hon. Sankok, you cannot say “No” and “Yes” at the same time. You have to choose one. Let us proceed to Clause 5.

Hon. Members, we have four proposed amendments to this Clause. There are proposed amendments by Hon. Aden Duale, Hon. Didmus Barasa and Hon. John Mutunga. These are basically speaking to the same matter but the one by Hon. Osoro is proposing a deletion. Therefore, if the one by Hon. Duale goes through, the ones by Hon. Didmus Barasa and Hon. John Mutunga will fall. So, we shall start with the one by Hon. Aden Duale.

Hon. Temporary Deputy Chairman, I want to ask the Clerk, who is here; that we use the register that we normally use instead of writing down our names. We should use the list of Members alphabetically. We will not write names.

Hon. Duale just move your amendment.

No. Hon. Temporary Deputy Chairman, before I move my amendment, I have asked for a procedure which you did not give me. I want you to rule on that one while the Clerk is here…

Hon. Duale, move your amendment.

No. We want fairness. I am only asking for something very small. Since the inception of Parliament, Members have always used the register that is available. We have not had cases where names of Members are written on pieces of paper. You must make a ruling on that one. If you do, I will move my amendment. We cannot allow this House to use foolscaps.

Hon. Duale, move your amendment.

Hon. Temporary Deputy Chairman, I have all the rights to raise an issue of procedure. Before I move my amendment, I want you to guide 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.

House. It is my right and the Clerk is here. It is a simple matter. Let us use the procedure we have always used. It is a Parliamentary procedure. Just rule on that one so that I move my amendment.

Hon. Duale, I presume that you do not desire to move your amendment.

That is not the case, Hon. Temporary Deputy Chairman. I have a lot of respect for you. I am only asking for that simple thing and then I move my amendment.

Hon. Ndindi Nyoro, resume your seat. Hon. Duale move your amendment.

Hon. Deputy Chairman as you decide and make your ruling, I need your guidance. Do I move 2(a) and 2 (c) together or I move them separately?

Hon. Duale, we are on Clause 5.

Hon. Temporary Deputy Chairman, I beg to move:- THAT, Clause 5 of the Bill be amended by deleting paragraph (a). Hon. Temporary Deputy Chairman, Clause 5 of this Bill seeks to amend Section 6 of the Political Parties Act to provide for application of professional registration, which must be accompanied by a statement on the ideology of a proposed political party. Hon. Temporary Deputy Chairman, the law does not work retrogressively. I am speaking for those Kenyans who have intentions of registering political parties many years to come. This Bill, in Clause 2, has defined a “statement of ideology” to mean a statement setting out what they call “doctrine, ethical ideals and principals of the party.” Hon. Temporary Deputy Chairman, in the absence of a definition of what “doctrine” means or what “ideals of a party” means, this clause is subject to abuse. It can be used by the Registrar of Political Parties to deny the people of Kenya the rights given to them under Article 38 of the Constitution, which is on political rights. This negates the principle and the spirit provided for multipartyism in the Constitution. Based on that lack of definitions, I move and ask the House to agree with me.

I will allow two Members from each side of the House to contribute on this amendment. The first Member to contribute will be Hon. King’ola Makau. Member for Mavoko, proceed.

Thank you, Hon. Temporary Deputy Chairman. Given the history of this country, this Bill is going to heal the problem that parties are facing. Having listened to what Hon. Duale said about the Registrar of Political Parties, I oppose the amendment.

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Hon. Gachagua Rigathi. Leader of the Majority Party, just hold on. We are all in the House.

Thank you, Hon. Temporary Deputy Chairman. We are in support of the amendment. Thank you.

Leader of the Majority Party.

Hon. Temporary Deputy Chairman, I rise to oppose this amendment because we are trying to create political parties that have certain ideology and direction. This amendment is seeking to send us back to the dark days when parties sprang up without any ideology except some sloganeering at public rallies. We want that sloganeering to be done within the ideology of a political party so that people can know whether to relate with a party or not. I beg to oppose and urge the House to oppose this amendment.

Leader of the Minority Party, Hon. Mbadi.

Hon. Temporary Deputy Chairman, this amendment must be opposed and defeated by Hon. Members. Anyone wishing to form a party in this country must be clear on the ideology and principles of that party. That is the problem we have been having. People form briefcase political parties without even thinking what they stand for. I oppose and ask all Hon. Members that this is something we must defeat.

Hon. Cheptumo.

Thank you, Hon. Temporary Deputy Chairman. I rise to support this amendment. What has been said by Hon. Duale is critical. This is a House that is supposed to pass laws that are going to live beyond our time. You talk of an ideology of a political party and this Bill does not define “ideology.” That is why it is important that we allow this amendment. I support this amendment. If this Bill was crafted in a manner that defined these terms, it would be a different issue. I support the amendment.

Hon. Members, Hon. Duale rose on a point of order on the procedure of voting here. I just want to respond to him and allay his fears. Hon. Members, you will recall that the substantive Speaker made a determination that voting on this particular business during this Special Sitting would be by the manner that was adopted by this House. I have no authority to change that position. We will continue with the voting the way it was done last week when the determination was made, and in the way you have voted since then. Hon. Members, we know each other, and this is our business. Therefore, we will proceed in the same manner. Allow me to now put the Question.

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The “Ayes” have the numbers required to force a Division. Therefore, we shall go to Division.

Hon. Members, kindly resume your seats, so that the tellers can go to the Bar and then come and report the results. Hon. Members, kindly give the tellers leeway, so that they can come and report the results.

Order Members! Order, Hon. Tiren and the Member for Tinderet! Tellers, Proceed. You can report the results now. Give them the microphone.

Hon. Temporary Deputy Chairman, these are the results of the Division on Clause 5 of the Bill to be amended as proposed by Hon. Aden Duale. The results are as follows:

Hon. Members, Order. Those Members dancing, please note that we have a long way to go. Why are you dancing when the music has not even started? Sit down. We have 100 clauses to go. Why are you dancing over one clause? We have a whole day to work. Hon. Members, the results of the Division on Clause 5 to be amended as proposed by Hon. Aden Duale are: Ayes 136 and Noes 150. The Noes have it. Let us make progress. Let the doors be opened. Hon. Members, the result of that decision is such that the proposed amendments by Hon. Didmus Barasa and Hon. John Mutunga fail.

Hon. Members, the Ayes have the numbers, but we will again go to Division. So, I direct that the Bell be rung for three minutes.

Hon. Members, order! Resume your seats. The Bar to be drawn so that we can take the next Division Vote. Hon. Members, resume your seats. Order, Hon. Members! Hon. Kaluma, just relax. You will dance at the end of the day. Let us have the Ayes here and the Nays here. Serjeant-at-Arms, let us have the Division. Hon. Members, just hold on. Listen to this guidance. This is the guidance. This is what we are voting on. There was a proposed amendment by Hon. Duale to Clause 5 which was rejected. What you voted on was the global Question on whether Clause 5 should be part of the Bill. That is the Question that you have now raised Division on, on whether Clause 5 should be part of the Bill. That is the Question that we are now voting on. The Nays will be here and the Ayes should be here on whether Clause 5 should be part of the Bill or not. Ayes is to my left and the Nays will be on the right. Let us vote. Can I have the tellers?

Order, Hon. Members. Please return to your seats. Tallying is going on. The tellers are doing their work. Please, retain your seats so that we can make progress.

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Hon. Members, order. Tellers can now retreat to the Bar and report the result of that Division.

Tellers, proceed.

Hon. Chairman, the result of the Division is as follows:

(Hon. Christopher Omulele)

Resume your seats. Member for Konoin, Hon. Brighton Yegon, resume your seat. Hon. Members, on the Division that Clause 5 be part of the Bill, the Ayes are 115 and the Nays are 134. The Ayes have it.

Hon. Members, listen to me for a minute. We have a long way to go. It is not a celebration of anything. This is a law- making process. Let us be a little orderly. I therefore call upon the Mover now to move reporting. I direct that the Bar be drawn and the doors unlocked.

Hon. Temporary Deputy Chairman, I beg to move that the Committee reports to the House its consideration of Political Parties (Amendment) Bill (National Assembly Bill No. 56 of 2021) up to Clause 5 and its approval thereof with amendments and seek leave to sit again today.

Hon. Members, it is approaching lunchtime. So, we need to report progress to the main House, so that we can have an opportunity to break and have the next session at 2.30 p.m. This is purely procedural. If we do not do this, we will not go for break and the next session will start. I beg to move, Hon. Temporary Deputy Chairman.

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Division! Division!

Order Members! Hon. Mariru proceed.

Hon. Temporary Deputy Speaker, I beg to report that a Committee of the whole House has considered the Political Parties (Amendment) Bill (National Assembly Bill No. 56 of 2021) up to Clause 5 and approved the same with amendments, and seek leave to sit again today.

The Mover. Hon. Members, resume your seats.

Hon. Temporary Deputy Speaker, I beg to move that the House doth agree with the Committee in the said Report. I also request Hon. John Mbadi to second a Motion for agreement with the Report of the Committee of the whole House.

Hon. John.

On a point of Order No. 73, Hon. Temporary Deputy Speaker.

Hon. Sankok, resume your seat. Sit down! You are out of order!

Hon. Members, it has been a tough morning but we have weathered it.

Hon. Members, the time being 1:45 p.m. This House stands adjourned until today at 2.30 p.m.

The House rose at 1.45 p.m.

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