Hon. Members, I would have doubted the numbers that we have in here, but with the kind of flow that we are having, we probably have the numbers.
Order, Hon. Sankok! From where I sit, I can see very far and I can see the numbers as they come. So, it is unnecessary for us to call for the Quorum Bell to be rung. We will be wasting time; we would rather proceed. Before we proceed, just be notified that we have a Special Sitting Supplementary Order Paper. As you make any comments, also have information that we have a Special Sitting Supplementary Order Paper. Let us proceed.
Hon. Members, we are now sitting in the Committee of the whole House to resume the business that we started this morning. So, Hon. Members may make their way in as the Hon. Sankok makes his Point of Order. Proceed, Hon. Sankok.
Thank you very much, Hon. Temporary Deputy Chairman. I rise under Standing Order Nos. 73, 74 and 76. We have been voting at the Committee of the whole House, yet we do not have the voting register. We do not know who is here and who is not. I am requesting you that before we do any voting, we should have a head count. We will also use the logging in to know the numbers that we have in the House and how many have voted so that we do not have any rigging within the House. Otherwise, we will be putting into jeopardy, the general elections if there would be any rigging in the House. The House must have fair, free and transparent elections. We cannot vote when we do not have a voting register. We have to know how many of us are here so that we know who has voted. We cannot have 286 Members in this House. It is not even enough for all of us. This is a right; it is not a favour. The voting register must be availed before any further voting.
Thank you, Hon. Temporary Deputy Chair.
Hon. Jared, what is out of order?
I thank you very much, Hon. Temporary Deputy Chairman. I am perturbed by what is advanced by my brother Hon. Sankok. There is no better register than the manual inscription of names as we vote. Unless there is anything sinister that he is holding and he does not want to reveal to us, what we are doing at the moment is the best roll call ever. I thank you.
Leader of the Minority Party.
Thank you, Hon. Temporary Deputy Chairman. Much as I agree with Hon. Sankok that we need transparency in any electoral process, it would also be in order so that we avoid any doubts around these elections because it takes a lot of time, to whip Members to be here. I am rising on two things: First, we have our clerks, and there is some voting that has already taken place. The clerks can audit those lists to find out if there are Members who have voted more than once, because that would not pass the test of a fair electoral process. Finally, Hon. Temporary Deputy Chairman, even though this is the Committee of the whole House, this is still the House Chamber. I earlier rose but I did not catch your eye. It is important that we maintain the dressing code. Hon. Catherine Waruguru, who has not arrived here, is dressed like someone who is coming from her shamba . She is dressed in jeans and sneakers. Let us not lower the dignity of this House. If that Hon. Member comes back here dressed in the same manner, she should be ordered to go and dress appropriately. I thank you.
Hon. Aden Duale.
Hon. Temporary Deputy Chairman, we are dealing with a very important matter in this Special Sitting. Since 2008 – and Hon. Kimunya, Hon. Mbadi and the rest will agree with me – what we are asking for is something very procedural and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
simple. Instead of somebody writing the names – and I am sure that if you look at the list you will notice it being corrected – there is a list that is always with the Office of the Clerk with my name, Duale Aden Bare, which I can sign at the end of it. I agree with Hon. Mbadi. Why do we have to scrutinize after a vote has taken place? We need to look at the integrity of that vote before it is taken. We should ask for that document which is typed. It can just be printed from the Clerk’s website and then a Member can just sign. Secondly, and very importantly, let us take this matter serious. These irregularities you are seeing can be used by people to challenge this piece of legislation.
Hon. Kaluma, you know you are my friend. Hon. Temporary Deputy Chairman, protect me from Hon. Kaluma. The people of Homa Bay and the people of Garissa…
Hon. Kaluma, just be kind to Hon. Duale. Please let him have his say. Proceed, Hon. Duale.
Thank you, Hon. Temporary Deputy Chairman. I do not want to go into Hon. Kaluma’s history. Hon. Temporary Deputy Chairman, I want us to have a seamless process so as to avoid any element of people voting twice, and all this integrity being raised later. Let us have that list. The way we are doing now is even better than if we were using our cards, so that we move. I really want you to be considerate to all of us, because we have left our families as we came back from holiday, and we want to finish with this matter expeditiously. I thank you.
Hon. Millie Odhiambo.
Thank you, Hon. Temporary Deputy Chairman, for giving me the Floor. I agree that all of us require a very transparent voting process; but you do notice that the first time that the Hon. Duale’s side voted and they won, they did not raise this issue. They are now raising the issue because they have lost. I would like us to note that the technique that their side is using is called filibustering. We are masters of filibustering. I am encouraging our Members to stay put and be resilient. We are going to sit here until midnight, even if we are going to just do five clauses, we will do so and urge the Leader of the Majority to call another Special Sitting. You want to miss your holiday, we are game. We are going to be here with you for the long haul. So, you can filibuster all you want. I know my voice is bad. You can filibuster all you want with my bad voice, we are going to be here to defeat each and every proposed amendment.
Hon. Millie, resume your seat.
Order! Hon. Members. There is nothing out of order. Just retain your seat. These are the directions. Hon. Members, the only time that the House takes a headcount is when there is a threshold that has been set out by the Constitution that needs to be determined. That is in our Standing Orders. I have listened to the concerns of the Members and I think what Hon. Sankok 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.
and Hon. Duale and the rest of us, including the Leader of the Minority Party, are raising are genuine concerns. It is important, even to this Chair, that whatever we are doing here meets the bar of fairness to all of us. That is my interest in this, that whatever we do here is fair and it can be seen by anybody that it is fair. Therefore, this is the way we are going to proceed. We are going to have the division list here with us. It will not be chaotic. We have in our Standing Orders a division list which will be here. Each side is going to nominate two tellers who will be here; one on this side and the other one on this other side for both teams. Our clerks will be here and they will tick for every Member voting here. I am doing this for certainty and to ascertain the fact of voting that this Member presented himself and his name has been ticked in that register. I believe that is the purpose of any Parliament. So, we shall proceed in that manner. It might take a little more time but we shall be a Parliament of account. Hon. Member for Suna East, what is out of order?
Hon. Temporary Deputy Chairman, I am not trying to go against your ruling, but the method that we have been using today for voting in this House is the same one we used in the previous Special Sittings; it is not new. We have used the same process in the last sittings.
Let me say what I want to say. I have a right to say what I want to say. Do not heckle me. This is the same process we have used in voting. Hon. Temporary Deputy Chairman, secondly, we know that there are people who want to tick for Members who are not around. We know people who are bribing people with Kshs100,000. We are not going to allow our process to be convoluted. We will not allow that.
Order, Hon. Members! Hon. Peris, kindly take your seat. Hon. Members, this is a House of debate. You may disagree with a Member, but allow them to speak. Hon. Duale had his opinion and he said it. The Minority Whip also has an opinion; let us listen to him. We should listen to each other.
Hon. Member for Suba North, keep your peace. Hon. Millie, you are out of order! Hon. Members, I ask you to kindly be honourable to each other. This is a House of honour. If we continue to shout at each other at cross-purposes, we will not make any progress. I have already made a determination. The voting will be guided by the roll call here. It will be done.
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Hon. Aluoch, just retain your seat; I am on my feet. I have already made that determination. It will move very swiftly. This is verifiable and in all our interests. For every vote we shall undertake, there is a verifiable list.
There is nothing out of order. Let us make progress.
Order! Member for Kisumu West, resume your seat. Hon. Kemosi, resume your seat. Hon. Kemosi, I have seen you singing so much in this House today. There will be time for all of us to sing.
Hon. Members, hold your peace. I have already made a determination. Just hold your peace. We shall vote. Let us make progress on this business.
There is a proposed amendment by Hon. Alice Wahome. Proceed.
No!
Thank you, Hon. Temporary Deputy Chairman. I can hear some voices saying “no”. They have no authority to deny a Member the right to speak on the Floor.
Hon. Temporary Deputy Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 6. Clause 6 seeks to amend Section 7 of the principal Act. The reason why I seek this amendment is that Section 7(6) of the principal Act is an offending provision under our Constitution. It seeks to create a coalition political party which does not exist. The term “coalition political party” does not exist within the Constitution. Therefore, I am motivated by the fact that it is important that as this House legislates, it also takes care and minds how the amendments sit within the Constitution.
You cannot come up with a new terminology to replace what is in the Constitution. If you read the provisions of the Constitution in Articles 260 and 91, you will not find the term “coalition political party”. Therefore, coming up with the new term “coalition political party” within a legislation offends Articles 260 and 91. That is the spirit of this particular provision.
I know this is not the end. Should we proceed, it is obvious that we will be acting in vain. This House should never act in vain.
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I am not here to please you but to prosecute my… Hon. Temporary Deputy Chairman, I need protection. I am here to prosecute an amendment.
Hon. Members, allow the Member for Kandara to speak.
I am here to prosecute an amendment. The bravado and arrogance on display shows that these people have not learnt. They lost in 2013, in 2017 and with the Building Bridges Initiative (BBI). They will lose in 2022 because of this bravado.
Member for Kandara, you need to make your proposal and not get carried away.
Hon. Temporary Deputy Chairman, how do I stay within my proposal when I am not being protected from hecklers who do not seek…
Member for Kandara, you are addressing the Chair.
Thank you, Hon. Temporary Deputy Chairman. I am well-directed and advised. I have made my case on the proposed amendment. The amendment is linked to my amendment to Clause 2. I have concerns regarding the coalition of political parties. I have also proposed an amendment to Clause 2 on the same issue. I will still be contributing on the same.
The first to get a go at it will be the Chairperson of the Departmental Committee on Justice and Legal Affairs.
Thank you, Hon. Temporary Deputy Chairman. When we came here on…
I stand to oppose the amendment. When we came here on 22nd December, Hon. Murugara raised the same constitutional points on the unconstitutionality of amending Section 2, and the Speaker ruled on it. With a lot of respect to Members, there is a scheme to procrastinate on the proceedings of the House.
Hon. Members, just allow Hon. Muturi Kigano to make his point.
There is a scheme being hatched here to procrastinate on the proceedings of the House. You have powers under Standing Order No.1 to stop any abuse of the processes of this Chamber, just like in a court of law. There is a scheme to scuttle, procrastinate and frustrate this Bill. That is why you hear a lot of heckling and no decorum in the House.
Let us have the Leader of the Majority Party. 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 stand to oppose the amendment by Hon. Alice Wahome which, for the avoidance of doubt, seeks to delete the entire Clause 6 on the pretence that a coalition political party is coming to the Bill and has never been defined, yet she knows or should know, as a lawyer, that we start with other clauses and end with definitions in Clause 2.
I am not quite sure what law school Hon. Alice Wahome went to, because as a lawyer or somebody who purports to be a lawyer, she ought to know how laws are made in this country.
You can rise, you can shout, but when people expose their ignorance on the Floor of this House, we cannot save them from exposing their ignorance on the subject matter of legislative agenda of the House.
Order! Order!
Kimunya must go! Kimunya must go! Kimunya must go!
I have done it before. In the meantime---
Kimunya must go! Kimunya must go! Kimunya must go!
Order, Members!
Kimunya must go! Kimunya must go! Kimunya must go!
Are we supposed to dance?
Kimunya must go! Kimunya must go! Kimunya must go!
Order, Members! Order! Order! Order! Order, Hon. Members! Order, Hon. Members! I know the times are very exciting. There are those who just come to the House when they want to enjoy themselves a little bit. I hope that has served whatever purpose. But we must make progress.
Hon. Members, allow me then to now put the Question.
You have the numbers. We shall put it to the vote. I direct that the Division Bell be rung for two minutes. Prepare yourselves to vote. I need to see the returning…
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Hon. Members, just be peaceful. We shall carry out the vote as fast as possible. The Division Bell to be rung for two minutes.
Hon. Members, I direct that the Bar to be drawn.
We now proceed. Serjeant-at-Arms. So, this is the way we shall proceed, Hon. Members. The ayes will be to my right here, and the noes will be to my left here. I hope. So, let us proceed with the vote. We shall use the roll as I have already directed. So, let us vote. Hon. Members, voting is open.
Order, Hon. Members! The Members behind the Speaker, please move.
Hon. John Kiarie and Hon. Sankok, get out! Hon. Members, there will be order.
Hon. Members, there shall be order! Order, Hon. Members! Members will resume their seats and we shall proceed. Hon. Members, get out of here. Hon. Keter, please resume your seat.
Hon. Gikaria, Hon. Tayari, Hon. Barasa, and the Member for Bahati, get out of here. Resume your seats.
Hon. Alice, that is completely below you. I am going to throw out quite a number of Members. You better resume your seats.
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Hon. Ouda and Hon. Cheptumo, please resume your seats. Hon. Cheptumo, you are a senior Member.
Hon. Nguna, go back to your seat. You cannot address me from here. Hon. Gikaria, get off that seat. Hon. Barasa, step down. All these Members behind the Speaker, please resume your seats.
The Member for Konoin, resume your seat.
Order, Hon. Members! Member for Bahati, resume your seat so that I can give directions. Hon. Members, kindly resume your seats so that I give directions.
The Hon. Members to my right, kindly resume your seats. This is a House of honour. This House belongs to the people of Kenya; it does not belong to Hon. Omulele. You are Hon. Members of Parliament. I am requesting that you resume your seats. Hon. Members, if you do not listen to me I will rule that you are out of order. Let us have order. Resume your seat or I rule that you are all out of order. Hon. Members, I will only direct twice that you resume your seats, otherwise, I will rule that you are out of order.
Hon. Members, resume your seats or I name each one of you for disorder.
Hon. Members, I am now looking at Standing Order No. 107 on disorderly conduct. This is what it says. “A Member commits an act of disorderly conduct if the Member— (a) creates actual disorder; (b) knowingly raises a false point of order; (c) unnecessarily interrupts proceedings or consults in a disruptive manner;”
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Hon. Members, resume your seats or I will be forced…
Hon. Tuwei, resume your seat.
Order, Hon. Members! Resume your seats. I need to hear from the Member for Sigowet. Member for Sigowet.
Hon. Temporary Deputy Chairman, I have been attacked in this House by the master of violence in this House. Now I cannot see and I cannot vote. We cannot accept to be injured in this national House like this. That cannot happen here.
Order, Hon. Members! Hon. Tuwei, let us have order. Hon. Members, this is the direction that we shall take. Following the chaos that have happened in this House this afternoon, I am now directing that the House stands suspended for the next 15 minutes.
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Order, Members. Let us have order. I order that the resumption Bell be rung for five minutes. We shall deal with all those issues. Just resume your seats.
Order, Members. Let us have order.
Mbadi must go!
Hon. Members, you must allow the Speaker to also speak.
Order, Hon. Members! Members, our Standing Order No.107(a) states that if a Member commits an act of gross disorderly conduct, if the Member uses violence against a Member or another or other persons in the House or Committee…
It is disheartening and dishonorable for Members to behave this way.
Members, just resume your seats so that we can have order. I will allow you to take your seats.
Hon. Members, these are the directions of the Speaker. Hon. John Mbadi has clearly…
Hon. Members, take your seats. I want to make a ruling. I will make a series of rulings. For the Members who are standing here, you are also disorderly, and this rule will also apply to you. Let me finish what I am starting with, but before I make this determination, I would like to be given the names of these Members who are standing here.
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I need the names of all the Members who are up standing, contrary to the Speaker’s orders. Clerk, kindly provide these names.
Order, Hon. Members! There will be order in the House. Hon. Gikaria, Hon. KJ and the Member for Kapseret, resume your seats. Hon. Members, I had cited Standing Order 107(a) with regard to the Hon. Mbadi. This is something that happened in the full sight of the Hon. Temporary Deputy Speaker. Hon. Mbadi you are hereby directed to leave the precincts of this House for gross disorderliness to order. You are asked to withdraw from the precincts of Parliament for a minimum of five days.
Hon. Mbadi withdraw from the House.
Order, Hon. Members. The Member for Kisumu, you have danced enough for one day. I direct that the Member for Sigowet/Soin, who was involved in the altercation with the Hon. Mbadi goes to hospital. There will be directions to be given after he has received treatment. His Speaker has ascertained that Hon. Koros was actually injured in the eye and needs to be treated.
Thirdly, on the same Standing Order 107, it was clear to the sight of this Temporary Deputy Speaker that Hon. Sankok was throwing bottles across the Floor to other Members. Hon. Sankok, I do not have evidence that you have injured somebody, but I saw it and that is not to be repeated. Hon. Wamunyinyi, I equally caught sight of you. Hon. Kiarie, I also noted you. You are a young Member and you have been contributing in this House, but you have been completely disruptive and this is not good. Hon. Alice Wahome as well.
Hon. Members, this is where I saw myself and this is in the direct eye glare of the Hon. Temporary Deputy Speaker. Hon. Alice, Hon. Kiarie, Hon. Wamunyinyi you know what you did. This is completely disruptive of the business of the House and it is dishonourable. That being what it is, I have already given direction that Hon. Mbadi be out of the House for the next five days.
Hon. Members, we shall proceed in this manner and style. Going forward, I will only have two tellers here on each side. We shall have Members come one by one to vote.
Just hold on, Hon. Members, let us be fair to each other. We have 349 names here. Will it be in order if I direct that all these names be called out then you come and vote at that point? Hon. Members, to avoid the kind of circus that we have had here, I do not mind if I sat here until tomorrow. We will call out all those names and you will come and vote. Therefore, the vote that we were taking, I direct that what had happened that far be nullified and we start afresh. So, the Noes will be to my left and the Ayes will be here to my right. The names will be called by the Clerk. We shall move swiftly so that everybody has a chance to vote. So, everybody retains 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.
seat where you are and come when you are called to vote. We have Hon. (Dr.) Pukose, Hon. Kioni, Hon. Member for Limuru and the Hon. Member for Baringo South. Noes to my right and Ayes to my left. Hon. Members just hold your peace. There is nothing out of order. Let us take this vote. Clerk call the first Member. We are voting on Clause 6. Hon. Members, I am resuming my position in the Committee.
Hon. Members, we are now in the Committee of the whole House. You can resume your seats. The Division Bell will be rung for two minutes only.
Hon. Members, the two minutes are over. We are voting on Clause 6 of the Bill.
Hold on, Hon. Sankok. There is no problem.
Hon. Members, I direct the Bar to be drawn. If you are outside, you will not vote. You are considering the amendment which was proposed by Hon. Alice Wahome, Member for Kandara, in Clause 6. That is the Question that you are voting for now. The Ayes will vote here on my right side and the Noes on my left side. When your name is called, you will approach the table here, one at a time, and you will proceed to vote. Let us start.
Order! Order! Order!
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Hon. Wanyama, what order is coming from you? Just vote. You cannot order Members, at least not from where you are.
I need to be heard, Hon. Temporary Deputy Chairman.
Okay. Proceed.
Order Members! I want to confirm whether there is any Member who has not been called to vote, but he or she is present in the chamber. We seem to have gone through the list. It seems there is none. Is Hon. Tim Wanyonyi here?
No!
Hon. Temporary Deputy Chairman, results of the voting on the Division that Clause 6 be amended as proposed by Hon. Wahome are as follows: Ayes 134 and the Noes 158.
Order, Hon. Members! Enough of that now. Order, Hon. Members! On that Question that Clause 6 be amended as proposed by Hon. Wahome, Ayes have 134 and the Noes have 158. Therefore, the Noes have it.
On a point of order, Hon. Temporary Deputy Chairman.
What is out of order, Hon. Kajwang’?
Hon. Temporary Deputy Chairman, I want to make it very brief. We have been here the whole day and we are still prepared to be around. Would you kindly revert back to the voting procedure that we had before? It is faster, convenient and keeps the House in order. If we are going to go this way, you can just do your mathematics and you see that we are only going to handle one other clause. I beseech you to apply your mind to this. If it works, it is good for us. Thank you very much.
What is it, Hon. Duale? Hon. Sheikh, have your seat.
Hon. Temporary Deputy Chairman, you have made a ruling. We have proved beyond reasonable doubt that we have a Special Sitting and the Special Sitting ends at midnight on the clock. Those of us who want to stand with the Constitution want a clean process. This process is watertight and we are not in a hurry. Can you put the global Question so that we can move to the next Division?
Order, Hon. Members! This is a very small matter, Hon. Junet. I will give direction. What is it before I give direction?
Hon. Temporary Deputy Chairman, I am Standing under Standing Order No.73(5). This is a House of rules and we are guided by the Standing Orders. We are not guided by the rule of the jungle. The Standing Order clearly says: 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.
“When called out, each Member shall, thereupon rise in his or her place and declare assent or dissent to the question in the following manner; “I vote yes”; or, “I vote No”; or, “I abstain,” or use appropriate Kenyan sign language”.
Hon. Temporary Deputy Chairman, there is no provision in the Standing Order where a Member is called upon to vote and he says “I am representing so and so. I am representing the hustler nation. I am representing which people.” We cannot run this House in that manner.
Hon. Junet, just finish.
Let me finish. Hon. Temporary Deputy Chairman, I have a right to speak in this House. The ruling of the Chair who on the Chair, Hon. Omulele, is like this: Each Member’s name will be called out. They will come to the polling booth here and then their names will be ticked and not to be given a microphone to lecture us. They are people who do not have numbers. We are going to defeat them.
Order, Hon. Member! I have heard all of you. Order, Hon. Junet! Order, Hon. Members! Hon. Gikaria, Order! Order, Hon. Gikaria! Order, Hon. Members! Hon. Members, take your seats. Order, Hon. Members! Let me give direction on those issues because we must make progress. Hon. Gikaria, please, take your seat. Hon. Members, it is very surprising. We have had around one-and-a-half hours to two hours very peaceful and I am sure we will proceed in that manner. You can express yourself, but in a peaceful manner. On the issue of the voting, there was a ruling by the Chair who was here earlier. It is because of what had happened that we reverted to this Division list. We shall stick to that process. On what Hon. Junet has raised, I have seen from both sides that when Members are given the microphone, there is a bit of addition around that. Even though there is nothing really out of order on that, look at it this way. I have seen it on both sides. When you are given a chance, just vote and then we make progress. Order, Hon. Members! The doors can be opened. I will put the global Question first. In light of the amendments by Hon. Alice having fallen, I will now put the global Question. Hon. Members, it is important you get to what I am doing. I am putting the global Question on Clause 6.
We have the numbers for Division. I order that the Bell be rung for three minutes.
Order, Hon. Members! For the Members who are outside, please, note that we are going to draw the Bars. You better get in fast. Order, Hon. Members! Voting will now start. Take your seats. I order that the doors be closed and the Bars drawn. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Members, we shall now proceed. The tellers are already here. We shall now proceed. Order, Hon. Members! Take your seats. Hon. Duale and Hon. Korir, please, take your seats. So that the Members can get refreshed on what we are doing, we are putting the Question that Clause 6 be part of the Bill. That is what we are voting on.
Proceed.
Hon. Musau, you were not in the chamber. Therefore, your vote cannot count. That is why we close the doors and draw the Bars.
Order Members. Could there be a Member in the Chamber who has not been called to vote? I mean only those in the Chamber. Not those up there.
Hon. Temporary Deputy Chairman, the results of the Division on the Question that Clause 6 be part of the Bill are as follows: Ayes are 155, Noes are 127 and Abstentions nil.
Order, Hon. Members. On the Division that Clause 6 be part of the Bill, the results are as follows:
Order, Hon. Members! I have been petitioned by a few Members on health break, but I want to direct like this:
Order, Hon. Members! It is okay. I have not given direction. I want to give this direction. Order, Hon. Members! The direction is like this: The Sitting shall continue. When we get to the next clause, I can give a few Members a chance to debate so that then the doors can open for one minute.
If there is no debate that is fine. I am okay. Order, Hon. Members. We can still proceed. I have no problem. A Member can proceed. Order, Hon. Members. We are proceeding.
On a point of order, Hon. Temporary Deputy Chairman.
What is out of order, Hon. Ichung’wah?
Hon. Temporary Deputy Chairman, having listened to what you have just said on the petition for a health break, you are aware that we are 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.
here pursuant to a Legal Gazette Notice that was published in the course of the week, it is clear in that Gazette Notice, we were to have two Sittings today. The Gazette Notice is clear that the first Sitting was to start at 10.00 a.m. and the afternoon Sitting… You are also aware that our Standing Orders are very explicit on the timings of our Sittings. Morning Sittings lapse at 1.00 p.m. and evening Sittings lapse at 7.00 p.m. I am aware that this is a Special Sitting. The drafter of the Legal Notice was aware that the Standing Order stipulates Sittings begin at 2.30 p.m. and end at 7.00 p.m. That is why the drafter of that Legal Notice indicated that should there be need for a further evening sitting, there would be one. I am seeking your ruling and your guidance. The import of that Gazette Notice was that if there is to be an evening sitting, should there be need, there ought to have been a Procedural Motion extending time from 7.00 p.m further. It is my submission to you that what you are holding now is an illegal night gathering without a Procedural Motion extending the Sitting.
Order, Members. There is no chance to debate the issue that has been raised. It is very clear. Hon. Kimani Ichung’wah, if you were here when the Sitting was starting at 10.00 a.m., the Speaker said very expressly that the afternoon shall proceed until midnight. We cannot revisit that direction by the Speaker. Therefore, this Sitting shall proceed.
Hon. Temporary Deputy Chairman, I beg to move:
THAT, the Bill be amended by deleting Clause 7.
There are people who are having stomach-ache because of this amendment. Can we have decorum from Hon. Rozaah Buyu? I need protection from Hon. Rozaah Buyu.
Hon. Alice, proceed. You are protected. You have the Floor.
Hecklers should stop. The proposal that I have brought is reasonable one and Members should listen. If you look at Clause 7 of the Bill, the opening statement talks about inserting the word “slogan” immediately…
Hon. Temporary Deputy Speaker, you remember I had proposals to amend Clause 3 and 4 on the inclusion of slogan as one way of protecting the parties’ slogans. I still have a problem with having the import of a slogan in this particular section. The importation of the word slogan is likely to be abused. Political parties are known to use different slogans. You are aware that there are even some political parties that use “tibim”, “tialala”, hustler and others now use “ azimio” from
. The restriction that a slogan should be registered provides a restriction that may not be necessary. It is going to be cumbersome and not conducive to democratic space. It is my view, and I want to urge the Members to look at this thing with a broad mind... The broad mind will tell them that without bringing in the slogan and the restrictions that it must be registered, it will be beneficial to all political parties. We have in the past had the symbols and names protected. We are now bringing in a slogan. So, tomorrow, if you use a different slogan 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.
during the campaigns, you will be accused of using a slogan that does not exist and that is not registered.
Hon. Savula, the time, place and space is mine. This is my moment. I am urging you that you might actually require this to be removed. It is in the interest of all parties that they are not restricted. What we have been trying to do…
I could even dance as part of prosecuting my amendment. Hon. Rozaah, you should mind about the people of Kisumu.
Order, Hon. Alice! Do not go for that crossfire. You are protected.
Order, Hon. Members! Let us hear Hon. Alice.
Hon. Temporary Deputy Chairman, there is a cartel that has been formed by Hon. Rozaah and Hon. Gladys Wanga. Every time I rise to speak, they do not want to hear. Unfortunately, you do not have the liberty to intimidate. You know that you are used to intimidating people and that is why you are trying to force things here.
Order, Hon. Alice! Let us not get there.
Hon. Temporary Deputy Chairman, we are digressing. If they want us to digress, we shall digress.
Proceed, Hon. Alice. Conclude so that we make progress.
Unless they give me time and space, I will not be intimidated. The shouting by Hon. (Ms.) Rozaah Buyu has been consistent.
Order! Hon. Members. Order, Hon. Alice and Hon. Buyu Rozaah!
Hon. Temporary Deputy Chairman, I will wait…
Order! Hon. Rozaah. Hon. Alice, please stick to your script. Do not be diverted.
Order, Hon. Millie! 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! Let us have Hon. Alice prosecute her case.
Hon. Rozaah Buyu, Hon. Millie Odhiambo, please give her a chance. Let her prosecute her point. I will give you a chance to speak to this. Hon. Alice Wahome, proceed.
Hon. Temporary Deputy Chairman, there is need to listen to a Member when he or she is moving his or her amendments. Tomorrow, my colleagues will be moving their amendments. A slogan can change in the course of a political campaign. When I look at the proposed amendment, it creates restrictions. We have seen a tendency of abusing and frustrating some political parties, giving advantage to others and ensuring that others do not have similar space. Therefore, I am of the view that this slogan was calculated. This amendment targets some parties. There have been many people…
Hon. Alice, I will give you a chance to conclude. It is only that we are in the Committee of the whole House and you know the general rules. You will still have an opportunity, but it is not unlimited. You will still get a chance. Let Hon. Alice be heard as she concludes, then I will open it to the Floor. Hon. Alice, please be mindful of the rules of the Committee of the whole House.
I am guided, Hon. Temporary Deputy Chairman. Thank you. I am happy that now I can be listened to.
I am mindful of time and I know that the rule that time is of the essence applies both in court and in the Chamber. With people who seem to be irritated by everything because they are in a rush to come up with Azimio la Umoja …
Order, Hon. Alice. What is it, Hon. Junet? Hon. Alice, just take your seat.
Hon. Temporary Deputy Chairman, we are in the Committee of the whole House. We are not in the Second reading of the Bill where someone can just talk about anything. I am not talking about Hon. Wahome. I know that this morning, Hon. Amos Kimunya asked which law school she went to. I do not know. I know that this is the Committee of the whole House. Hon. Temporary Deputy Chairman, can you order her to shorten her presentation so that we can move to the next business? We cannot be held to ransom by a 74-year-old lady.
Order, Members. Hon. Alice, I had asked that you be mindful of the rules of the Committee of the whole House because this is not the Second Reading. I will give you a chance to conclude and then we can make progress.
Thank you, Hon. Temporary Deputy Chairperson. There is one person whose advice I would not take. Somebody who is a declared cow cannot advise me. Thank you very much, self-declared cow.
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Order, Members.
( Question of the amendment proposed)
I will give an opportunity to Hon. Duale and then Hon. Opiyo.
Hon. Temporary Deputy Chairman, I will not take a lot of time. The amendment has been proposed, Hon. T.J. I support Hon. Alice Wahome because the problem with this amendment is that there are unfettered powers given to the Registrar of Political Parties in deciding whether to allow registration or decline the registration of a political party, if among other things, the slogan of that political party, in the opinion of the registrar, is a matter of public interest. On Temporary Deputy Chairman, where we have a problem and the Committee should have helped if we had consensus that we should have defined the meaning of public interest.
The sweeping powers that the Registrar of Political Parties is being given and in the absence of a definition of what amounts to public interest which he or she can use to decline the registration of political parties, where the Registrar can in her opinion, use arbitrary means to determine or make a decision on the type of slogan for a party that she deems is in the public interest. This House must rise to the occasion. What we do in the evenings or what we do during the day is enough.
No, particularly from the culture where I come from, a lady cannot tell me it is enough. No, she cannot.
No, a lady cannot tell me it is enough.
Hon. Duale proceed. Order, Hon. Members.
You know you cannot fit within the parameters of those who can tell me it is enough. After she keeps quiet, I will continue.
Hon. Duale, proceed. Order Members. Let us give Hon. Duale a chance to conclude his remarks.
Hon. Temporary Deputy Chairman, I am not in a hurry. So, if they give time, I will continue.
I will tell you as I told Alice that it is important to be mindful that this is the Committee of the whole House. Order Members. Give him a chance to prosecute his case. 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.
(Garissa Township, JP) Hon. Temporary Deputy Chairman, stop the perpetual hecklers not to interrupt me. Let me continue.
This Clause is very retrogressive and is subject to abuse hence, in my opinion, looking at Article 91 of the Constitution on functions of political parties, looking at the definition of a political party within the reading of Article 260 of the Constitution, having fought for multi-party democracy, I support Hon. Alice Wahome.
I am not in a hurry.
Order Members. Order Hon. Duale. I have already given direction. I know you will be given a chance to conclude. But for the sake of other Members, I know we may want to speak and speak, but this is the Committee of the whole House. It is important, Hon. Duale, you will still get a chance to conclude, but let us be mindful that this is a Committee of the whole House and in the Committee of the whole House, unlike in the Second Reading, we may not have unlimited time. But, Hon. Duale, you have a chance.
The powers given to the Registrar of Political Parties in making a decision on the slogan of a political party when it comes to registration and using the statement of the public interest, which has not been defined, in my opinion is retrogressive, it is unconstitutional and I support the deletion of the clause by Hon. Alice Wahome.
Before I give the Leader of the Majority Party, let us hear Hon. Opiyo.
Hon. Member, we are getting another microphone for you. It seems that that one is not functional.
Hon. Temporary Deputy Chairman, there is absolutely no reason to attempt to define “public interest”. Public interest just remains as public interest. It is a matter of common sense. For instance, if someone came up with a slogan that threatens the national security, do you want the Registrar of Political Parties to go asking whether that is allowable or not? This proposed amendment is superfluous, unnecessary and should be rejected in totality. Put the Question.
I had said that I will give the Majority Leader and one more person an opportunity. Majority Leader.
Thank you, Hon. Temporary Deputy Chairman. I rise to oppose this amendment which has only been halfway explained. If I remember very well; earlier in the morning, the Mover of this amendment agreed that we could add “slogan”, “symbol” and even “colours.” First of all, we have agreed that a party can have a name, symbol and even a dominant colour. Now, Section 7 is trying to expand the limitations that are in Section 8 of the Act, where the Registrar already has power to determine, if a party name is obscene or offensive. Therefore, we are not giving any extra power to the Registrar where they have the power to determine whether 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 name or abbreviation is similar to that of another political party. She has the powers to determine whether the symbol or name resembles that of another party. Now, we are extending it in line with the Constitution requirement in Article 91, to limit that, no symbol or name can be used, if it is similar or associated with a group or association that has been prescribed under any law. Therefore, if someone brings in a party and pleads that its name is “ Mungiki ” it will instill fear in people.
Leader of Majority, I do not want to cut you short, but the same rule must apply to you as well.
Let me finish. The point is, we must protect that people do not use parties or symbols to ignite things that have been proscribed in law or to bring things in the name of public interest. I remember that there is someone who started “The Placenta Party”. These are things that are against morality and public interest. This is exactly what we are trying to avoid. Anyone who believes in a moral society should be supporting the Bill and voting against the amendment by Hon. Alice Wahome.
Very well, Leader of Majority. The same rule must apply to you as well.
We oppose this vehemently.
Very well. Lastly, let us have Hon. Barasa.
Thank you, Hon. Temporary Deputy Chairman. It is very important to note that political parties must be strengthened. The only thing we need to do is to allow them to develop slogans of their choice. If we are going to give the powers of deciding which slogan to be used by political parties, this clause is going to be abused. Today, we could be celebrating because you think that another political party is going to be curtailed but tomorrow, it will be you. So, I support this amendment and I ask everyone in this House to support this amendment.
Order, Hon. Members! Order. Who is this Member? I know that more Members would have loved to debate on this, but we must make progress.
Hon. Members, there are enough numbers to cause a Division. I will order that the Division Bell be rung for 5 minutes.
Order, Members. The five minutes are over. Please take your seats. The Voting will start. We want to have the Tellers 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.
The Tellers, please. Where are the two Tellers for both sides? Order, Members. I order that the Door be closed and the Bar be drawn because we shall now start the voting. Take your seats, Hon. Members. We will proceed with the voting now.
Hon. Mutai, I am sure you can consult while seated.
Order, Members. When the Doors are closed and the Bar is drawn, there shall be no entry of a Member. I know there are some Members who are in the back room here. But no Member shall come from outside.
I can tell there are some Members there. They will stay up there. There will be no Member from outside coming into the Chamber. That is the rule. I am sure those who are responsible are making sure no Member gets into the Chamber.
Order, Hon. Members! Take you seats.
Order, Hon. Members! Order, Members! Please take your seats. I want to give direction on this matter. Hon. Mbarire, lead your team back to their seats.
Order, Members. Take your seats. I want to give direction.
Order, Members. Take your seats. I want to give direction. Hon. Mbarire and Hon. Didmus Barasa, take your seats. Order, Members. I want to give this direction. I have seen some Members up there. I am the one to give direction. These Members must give me space to give direction. This cannot be a shouting place. I have seen some Members out there. And I am told there are some 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.
held up here. Let it be very clear that when the Division Bell is rung for five or three minutes or whatever time and when the Bar is drawn, there should be no Member getting into the Chamber whichever way. When the Division Bell rings and the door is closed and the Bar is drawn, there must never be a Member getting in after that. That must be very clear to the Serjeant-at-Arms and everyone else. Doing that will be gross misconduct. I order that the door be opened. Ring the Bell for two minutes and then we can start.
Order Members, order Members! That is a lapse of two minutes. Order, Members. I shall now order that the Door be closed and the Bars be draw and then we shall commence voting.
Let the Bars be drawn plus the Door up there too. Everywhere else must be closed.
We shall proceed with the counting. Members, just to refresh yourselves on the Question we are voting on. It is that Clause 7 be amended as proposed by Hon. Alice Wahome. That is the Question we are voting on. We may now proceed.
I, Hon. Kubai Iringo, Member of Parliament for Igembe Central, would like to invite you after this session for miraa chewing after midnight.
I have already ordered a pickup which will bring that miraa so that we chew it together. Therefore, be patient…
Hon. Iringo, just vote “yes” or “no”.
I believe it will be a nice session. On that note, I Kubai Iringo…
Hon. Iringo, vote “yes” or “no” and that is it. Hon. Members, this is the direction we must take.
Hon. Temporary Deputy Chairman, I am voting. I was giving direction on what will happen after this and then I vote.
You are not giving anybody directions. Hon. Iringo, will you vote or not?
Hon. Temporary Deputy Chairman, I could not be here…
Call the next Member.
Okay. I, Hon. Kubai Iringo, I vote yes. 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, you just vote “yes” or “no”. It is straightforward.
(Isiolo (CWR), JP): I, Hon. Rehema Dida Jaldesa, from the County of Isiolo, a Member of a strong party called the United Democratic Alliance (UDA)…
Call the next Member. Take that microphone.
(Isiolo (CWR), JP): I, Hon. Rehema Dida Jaldesa, from the County of Isiolo, a Member of a strong party called United Democratic Alliance (UDA), I vote yes.
Call the next Member.
Hon. Osoro, return to your seat. I need that microphone. Next Member.
Hon. Members, return to your seats.
Hon. Members, resume your seats. Order! Order!
She must vote! She must vote! She must vote!
The Hon. Gikaria, return to your seat. Hon. Members, just listen. Just listen.
She must vote! She must vote! She must vote!
You must listen. The Hon. Jaldesa’s vote has been recorded. The Hon. Jaldesa’s vote has been recorded. Just return to your seats.
The Hon. Osoro, I will rule you to be out of order. The Hon. Jaldesa’s vote has been recorded. Return to your seats.
The Member for Dagoretti South, you have been a very troublesome Member today. Hon. Members, return to your seats. The next Member. The Hon. Jungle.
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(Hon. (Ms.) Soipan Tuya): Order Members! Hon. Members, let us observe some decorum. You are out of order, Members! Order! You only converse in the acceptable parliamentary language. Let us proceed with the voting.
(Hon. (Ms.) Soipan Tuya): Order, Hon. Members! I know we are all tired. You are out of Order, Hon. Kioni. You cannot direct what I am doing. Hon. Members, let us stick to voting. We are all tired, but we must stick to voting so that we may finish the business of the day. Hon. Members, let us avoid side shows.
(Hon. (Ms.) Soipan Tuya): Take your seats, Hon. Members. Order, Members. Please, take your seats. I want to report the voting on the Division on the deletion of Clause 7 as proposed by Hon. Alice Wahome.
Order Members! I now order the Tellers to do the reporting. Let us give them time to do the reporting.
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(Hon. (Ms.) Soipan Tuya): Order, Hon. Members! The time for the Division Bell is up. Please, settle down.
Order, Hon. Members! Settle down. You can now close the doors and draw the Bars. Hon. Sankok, what is out of order? Hon. Members, settle down. Hon. Members, please, take your seats. Yes, Hon. Sankok.
Thank you very much, Hon. Temporary Deputy Chairlady. This is a Special Sitting which was gazetted for 29th December 2021. You cannot spill it over to 30th because anything that will be transacted beyond midnight will be on 30th 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.
and it will be illegal, unconstitutional and null and void. So, Hon. Temporary Deputy Chairlady, I ask you to use your discretion…
(Hon. (Ms.) Soipan Tuya): Order, Hon. Sankok! Order, Hon. Members! Hon. Members, please take your seats. Hon. Members, we are guided by the rules about timings on the hours of meeting of the House. With regard to the point raised by Hon. Sankok, we are in the middle of a Division. Whether it is at the beginning, at the end or in the middle, we are in the process of a Division. We shall be guided by Standing Order No.30(5). This is what it says: “If at the time appointed for the interruption of business, a Division is in progress or a Question is being put from the Chair and a Division results immediately thereon, such interruption shall be deferred, until after the declaration of the numbers and the results of the Division”. In light of this, I wish to guide Members that we have started the Division process. I urge you to concentrate on the voting because we are in the process of a Division, so that we can finish and go home. We will conclude after I deliver the results of the Division. Clerks, let us go on. Tellers, come forward.
On a point of order. Hon. Temporary Deputy Chairlady.
(Hon. (Ms.) Soipan Tuya): As the Tellers come up, what is out of order, Hon. Duale?
Hon. Temporary Deputy Chair, I am still guided by your ruling and I want to confirm that we are ready to sit until 2.00 a.m. In your ruling, however, I want you to make it clear whether Standing Order No.30 applies to a Special Sitting and not an ordinary sitting of the House. If you look at the Gazette Notice, this Special sitting has been gazetted for one day, the day ends at midnight. We have a serious legal and legislative team and I think this is one of the things that we may need to look at when we are amending the Standing Orders. This being a gazetted Special Sitting, I want you to take some time. I want to say it at the outset that we are ready. We have just had a meal. I want you to check whether Standing Order No.30…
(Hon. (Ms.) Soipan Tuya): I have heard you, Hon. Duale, and as we take time to prepare a guidance for the House, we are still within the timing of the Special Sitting and we need to continue. Hon. Junet.
Hon. Temporary Deputy Chair, I have listened very carefully to Hon. Duale. You know Hon. Duale is a former Leader of the Majority Party. He has done the business we are doing for quite a long period of time. Today, he is on the wrong side of history. The Standing Order No.30 covers both ordinary sittings and special sittings. There are no Standing Orders for special sittings and different ones for ordinary sittings. Standing Orders cater for all sittings of the House. We are ready to stay here until tomorrow morning. We are prepared. Those people who have been asking for Division, let them stay here with us until tomorrow morning. We are not leaving. We are not going. We have nowhere to go.
(Hon. (Ms.) Soipan Tuya): Hon. Junet, we have heard you. Hon. Members, in response to the point raised by Hon. Duale, whether it is a Special Sitting or an ordinary Sitting of the House, the Standing Orders refer to a process of Division which has already began. So, whether it is a Special Sitting or an ordinary Sitting, we are within the confines of Standing Order No. 35. Tellers, please come forward and let us begin the voting process. Where are the tellers? Where is the second teller for this side? 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, please be keen to listen out for your names so that you are not skipped.
(Hon. (Ms.) Soipan Tuya): Order Members. Hon. Members, kindly, let us conclude the business in front of us. Hon. Teddy, go ahead.
It is Hon. Ali Sharif not Teddy.
(Hon. (Ms.) Soipan Tuya): Hon. Teddy, go on.
(Hon. (Ms.) Soipan Tuya): Order, Members. Hon. Members, I think it is in the interest of everybody that we dispense with the business before us and conclude. It should be in the interest of everyone to conclude the business before us and go home. Please, let us confine ourselves to voting. Let us continue. Go on. Call the next Member.
Order Members! Order Members! We are in the process of voting.
Close the doors and draw the Bars.
Let us pick up from where we left.
Let us go on. Order Members! Let us continue with the voting. Serjeant-At-Arms, close the doors.
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Tuwache kupeana speeches sasa.
(Hon. (Ms.) Soipan Tuya): Hon. Chebaibai.
(Hon. (Ms.) Soipan Tuya): Members, you are not allowed to walk out. Please take your seats. Go on Hon. Chebaibai. Take your vote.
(Elgeyo/Marakwet (CWR), JP): Mhe. Naibu Spika wa Muda, ni siku ambayo nina huzuni. Kenya tulitawaliwa kitambo lakini sasa naona leo kwamba tunatatizo kubwa. Waheshimiwa wenzetu wanaita wenzao wauaji. Hiyo ni makosa na si vizuri. Kitu ambacho kinahuzunisha...
(Hon. (Ms.) Soipan Tuya): Piga kura, Mhe. Chebaibai.
Hakuna siku viongozi wa taifa letu la Kenya wamechukua nafasi ya kutuita kwa mkutano wa dharura, ili tuzungumzie mambo ambayo yanayotuhusu na wale watu ambao wamenyanyaswa. Kila mara, tunauliza maswali na tunatengeneza sheria ambayo inaumiza watu wa Elgeyo/Marakwet.
(Hon. (Ms.) Soipan Tuya): Please take your vote.
(Elgeyo/Marakwet (CWR), JP): Watu wameuawa na wenzao, lakini hakuna mtu amechukua maanani kabisa. Leo tumekuja kuketi hapa ili watu watutukane. Tumekuja kuketi hapa tuzungumzie mambo ambayo inadhulumu taifa la hustlers . Tumenyanyaswa kwa muda mrefu katika taifa la Kenya. Watu wa Elgeyo/Marakwet na Kerio Valley wamekufa. Tumezungumzia jambo hilo hapa, lakini hakuna mtu anatia maanani. Naona tunapoteza wakati leo.
Hon. Temporary Deputy Chairlady, as I vote, I have been in this House since morning. I cut short my leave to come to vote for this important Bill. Only to say that today, as it has been said by many others, is a sad day for none of us has behaved the way we are supposed to behave as Members of Parliament. Somebody may make noise but that cannot intimidate me. I have been in such a forum before and making noise does not prevent me from addressing you. We have really polarized this country and the common man in the village is running from us. Have we shown the best example to the people whom we represent when we come to fight on the Floor of the House? I am calling upon the leaders of this country to show us the way forward. It is only a few months to the elections. If we go on with this trend, sincerely, the whole country is going to regret at the end of the day. Even though nobody wants to listen to me, I stand alone to be quoted at the end of the day that something went wrong at a particular day. We need to be directed by the leaders ahead of us. Why are we heading Kenya to?
(Hon. (Ms.) Soipan Tuya): Hon. Kirima, please register your vote.
As Hon. Mary, Hon. Rose and many others shout at me, there is nothing to fear of what I am saying and what I am telling Kenyans.
(Hon. (Ms.) Soipan Tuya): Please vote.
My vote is no. Nothing changes. 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.
Mhe. Naibu Mwenyekiti wa Muda, naomba uniruhusu dakika moja. Naibu Mwenyekiti wa Muda aliyekuwa amekaa pale mbeleni alikuwa amehimiza ya kwamba mtu apige tu kura bila kuzungumza lolote. Wewe ukaanza kuwakubali na kuwasikiza wakidebate . Hiyo ndiyo imechangia fujo ambayo inaonekana hapa.
(Hon. (Ms.) Soipan Tuya): Hon. Chonga, you are out of order.
Wale wako hapa wameona. Sisi tutasimama na ukweli. Napiga kura yangu nikisema yes lakini hilo litabaki kwa historia. Asante, Mhe. Naibu Mwenyekiti wa Muda.
Order, Hon. Members!
Order, Hon. Kiarie. Hon. Members, we are proceeding so well.
Hon. Temporary Deputy Chairlady, I want to beg for your protection.
(Hon. (Ms.) Soipan Tuya): Order, Hon. Mwirigi! Just address the Chair.
You were not there when the President gave me the vehicle. I was not voted in by any political party. I was voted for as an Independent Candidate. You should be ashamed of yourself. I vote NO.
(Hon. (Ms.) Soipan Tuya): Order, Hon. Members! We are going to designate two microphones on this side and two ordinary mics on this other side so as to save on time. You can also designate two at the front.
Mimi, Abdullswamad Sherrif, ningependa kuwaambia wenzangu kuwa ngoma ya watoto haikeshi. Njooni hapa tuwafundishe jinsi siasa inavyofanywa kama tutakavyowafundisha Agosti, 2022. Mtajua Opposition ni nini. Napiga kura ya ndio.
Hon. Temporary Deputy Chairlady, my name is Sofia Abdi Noor. I just want to say one word. Just as I said earlier on, there are people who went 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 school but are not educated. This is a House of respect and we must respect each other. I vote yes.
Hon. Temporary Deputy Chairlady, first of all, before I vote, I want to take this opportunity to thank Members who have today stood with the people of this country. These are Members who have decided that this country is governed in a better manner come 2022. This is by ensuring that we have laws that are going to enhance good governance. Hon. Temporary Deputy Chairlady, secondly, in the interest of the public, I want to inform Kenyans that we have today in this Parliament voted on Clauses 3, 4, 5, 6 and 7 of the Political Parties (Amendment) Bill, 2021. I want to tell them that two votings happened and Tangatanga got only one in the morning when our Members had not arrived. We have defeated them in all the other nine. Sisi ndio tumeshinda zote tisa. Now we are ready to come back another day. We will make sure this Bill is passed to the end, God willing. Lastly, I want to tell Members that we must respect ourselves as a House. Members came here today to filibuster and waste our time until 1.00 a.m. in the morning by asking for Division on every clause. Even on a global question, they were saying that we must go for Division. It was very clear these were people who were sent to create chaos and anarchy. These were people who were sent to cause problems to this country. Now we know the people who believe in peace in this country; and we know the people who thrive on anarchy. When they realise that they have lost it, they all walked away. I know how the Opposition is. I have played Opposition politics. What happened today is very clear who is going to be in the Opposition in 2022. It is very clear today.
Madam Jayne Kihara, just give me time. You keep quiet when you lose. You do not harass people. Lastly, I want to vote “Yes” because I believe what is going to happen in this country is good for all of us.
Thank you. After being in this House for two terms, I can tell signs of a team that is headed to the Opposition. Our colleagues who just walked out of this august House are headed to the Opposition. I vote “Yes”.
I just wanted to inform my colleagues that the guys have not gone. They are out here. There is a van from Weston. They are eating. You know that hotel called Weston that is on grabbed land. They are out here eating. It is very clear today. In my village they would say the earth has taken its chest. Piny osekau kore. I vote “Yes”.
Today I have learned something; that, although politics is believed to be a game of perception, propaganda can never beat the truth. Therefore, I vote “Yes” because that is where the truth is.
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Hasira ya mkizi, tijara kwa mvuvi. I vote “Yes”.
Hon. Kutuny you have voted. You cannot take the microphone twice. Hon. Nancy, please, take your vote.
(Hon. (Ms.) Soipan Tuya): Hon. Millie, have you voted?
Yes.
(Hon. (Ms.) Soipan Tuya): You want to change it to a no?
I want to change it to yes-yes.
(Hon. (Ms.) Soipan Tuya): I now order the Tellers to do the tallying.
Order Members. The Tellers can now prepare to present the Report.
Hon. Temporary Deputy Chairlady the results of the Division that Clause 7 be part of the Bill are as follows:
None
(Hon. (Ms.) Soipan Tuya): Order Members. I go on to confirm the voting on Division that Clause 7 be part of the Bill:
(Hon. (Ms.) Soipan Tuya): Serjeant-at-Arms, you can now open the doors and un-draw the Bars.
Hon. Members, having completed the process of voting, we now need to Report back to the House. I now call upon the Mover to move reporting.
Hon. Temporary Deputy Chairlady, I beg to move that the Committee does report to the House its consideration of the Political Parties (Amendment) Bill (National Assembly Bill No.56 of 2021) up to Clause 7 and its approval thereof with amendments and seek leave to sit again. 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. Temporary Deputy Speaker, I beg to report that the Committee of the whole House…
(Hon. (Ms.) Soipan Tuya): Hon. Kajwang’, I have not called you. Now you can proceed to report to the House as the Chair.
Most obliged. Hon. Temporary Deputy Speaker, I beg to report that the Committee of the whole House has considered the Political Parties (Amendment) Bill (National Assembly Bill No. 56 of 2021) up to clause 7 and approved the same with amendments, and seeks leave to sit again.
(Hon. (Ms.) Soipan Tuya): Mover, move the agreement to the Report.
Hon. Temporary Deputy Speaker, I beg to move that the House does agree with the Committee in the said Report. Before I call the Seconder for this Motion, I want to thank Members for coming today and having persevered perhaps the longest and the most well attended Committee in the history of this Parliament.
This is just to reassure ourselves that what we are doing is for posterity and in good faith, as we legislate for Kenya.
I also take this opportunity to report to this House that I have already signed a request to Hon. Speaker for Special Sittings on the 5th, 6th and 7th next week. This so that we can continue transacting this business until we finish the process. I do hope that next week the gadgets will have been reconfigured so that we can have electronic voting which will make it even faster.
Therefore, I encourage Members to keep up the resilience and the spirit. At the end of it all, what we are doing is for a better political party governance in this country as we deepen and widen our democracy for purposes of posterity and for this beloved Republic, we call Kenya.
Hon. Temporary Deputy Speaker, I beg to move and request Hon. Junet Mohamed, the Minority Whip, to second the Motion for agreement with the Report of the Committee of the Whole House.
Hon. Temporary Deputy Speaker, I want to go on record that there are Members who asked for Division and when we got into the process of voting, they went and blocked the Main Parliament gate and went away. That must remain in the history and in the records of this Parliament. With that, I second. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
(Hon. (Ms.) Soipan Tuya): Order, Hon. Members.
(Hon. (Ms.) Soipan Tuya): Order, Members. Be on your feet.
(Hon. (Ms.) Soipan Tuya): Hon. Members, the time being 1.45 a.m., this House stands adjourned until Tuesday, 25th January 2022, at 2.30 p.m.
The House rose at 1.45 a.m.
The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.