Hon. Members, I take this opportunity to welcome you to the first Special Sitting of the House in 2022. The Special Sittings have been convened pursuant to the provisions of Standing Order 29 relating to the procedure for convening of Special Sittings of the House during recess. Let me also take this opportunity to wish everyone of you, your families and constituents good health, peace and prosperity in this year.

Hon. Members, I wish to report to the House that on 29th December 2021, I received a request from the Leader of the Majority Party requesting that Special sittings of the National Assembly be convened on 5th, 6th and 7th January 2022 to consider certain urgent business. Other than the preliminary items of the business of the House, the urgent business specified in the request by the Leader of the Majority Party include consideration in Committee of the whole House and Third Reading of the Political Parties (Amendment) Bill (National Assembly Bill No.56 of 2021) starting from Clause 8; and Second Reading, Committee of the whole House and Third Reading of the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bill No.32 of 2021). Hon. Members, having taken cognisance of the urgency of the business so specified, I acceded to the request to convene Special Sittings of the House today, Wednesday 5th, tomorrow Thursday 6th and Friday 7th January, 2022 commencing at 10.00 a.m. in the case of the Morning Sittings and 2.30 pm for the Afternoon Sittings. Consequently, and in keeping with the requirements of Standing Order 29, I gazetted the said Special Sittings of the House vide Gazette 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.

Notice No.14275 dated 31st December 2021. In this regard, Special Sittings of the House today Wednesday 5th, tomorrow Thursday 6th and Friday 7th of January 2022 are properly convened. Hon. Members, let me resume my seat to allow the Members at the door to make their way in. Please do so quickly.

It looks like some Members are keener on logging in than settling down. Hon. Members, you can log in later. I am aware that some of you log in and disappear. Just make your way in, if you intend to show yourself as having been in the House. I will ignore the Member who appears to be very busy on his phone communicating with the villagers. Those of you making your way in, if you do not do so quickly, you are at the risk of having to stand there until I finish this Communication. Let me proceed. Hon. Members, the business to be transacted by the House during the Special Sittings is as specified in the Gazette Notice I have referred to and indeed as also notified to all Members and the public by way of newspaper notifications published by the Clerk of the National Assembly on 31st December 2021 and 3rd January 2022. Further, as notified in the said Gazette, if need arises, the Sittings during the said days, being special ones, may automatically extend until conclusion of the business specified in the Gazette without a Member having to move a Motion under Standing Order 30 (a). Hon. Members, you will also recall that following the COVID-19 Pandemic, the Chamber speaking and electronic voting system was reconfigured to accommodate 120 Members in line with the advisory from the Ministry of Health. The advisory notwithstanding, I have revised the Speaker’s Guideline No.2 of 2021 to allow all Members desiring to take part in any vote or any Division call to do so by way of electronic voting as contemplated under Standing Order No.70. In this regard, the Chamber speaking and electronic voting systems have been reconfigured to accommodate 325 Members and are ready for use.

Hon. Members, let me remind the House that pursuant to the provisions of Standing Order No.70, should there be any Divisions during the specified Sittings, Members will only use the electronic voting system.

Therefore, as notified on 3rd January 2022, I hope Members who may have misplaced their voting cards have obtained replacements. Those who have not are hereby asked to do so since the replacement exercise will continue throughout the Special Sittings. For clarity, there will be no need for Members to crowd around the Speaker’s Chair. If you do not have a card or have funny fingers, go and talk to the clerks. I know there are some of you who have fingers which have problems with electronic systems but you will have to comply with it as you do in airports in other jurisdictions when you travel. Do not come to say that your fingers have some peculiar problem from the village. Even if it is a family problem, please, do not bring it here.

Further, Hon. Members, I have also allowed the Clerk to publish Supplementary Order Papers for the Morning and Afternoon Sittings of today, Wednesday 5th January 2022 to accommodate the Leader of the Majority Party and three other Hon. Members who submitted proposed amendments just a few minutes past the 24 hour deadline as stipulated under Standing Order No.133 (2). 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.

As indicated by the Deputy Speaker during the last Special Sittings of the House, it is unusual for the Speaker not to preside over the commencement part of any Sitting of the House save for the ordinary Morning Sittings. Indeed, as notified by the Deputy Speaker, my absence from the House was as a result of a minor accident which happened during my usual duties in the office.

Thank you. I ended up with a right hand upper arm fracture and injury to tendons. I sought medical attention and was advised to recuperate away from the office after undergoing a surgery. I have since been recuperating well and I am getting better each day.

Unfortunately, the pain has been persistent and I am still wearing part of the shoulder support mechanism. I will preside during the Special Sitting, as is our usual practice, and thereafter retreat to my Chambers. I will obviously be unable to extend my right hand for greetings in view of the surgery. I request, you, Hon. Members to be satisfied with me waving at you, or with the left hand. Having stated that, I humbly request Members to refrain from consulting me while at the Chair since I will be available in my Chambers for any urgent consultations.

Hon. Members, I sincerely thank the Deputy Speaker and Members of the Chairperson’s Panel for ably taking up part of my duties during the absence and constant consultations we have had. I also thank each and every one of you and indeed all Kenyans for your prayers and goodwill messages which I kept receiving.

Hon. Members, as you transact the important business before the House during the Special Sittings, I urge all Members of this august House to conduct themselves with patience and decorum. You will also agree with me that legislative business is largely about genuine debate and persuasion. At the end of it all, as indeed guided by the whole parliamentary dictum in a democracy, the minority will have their say and the majority will always have their way. It is unacceptable for either side to apply unfair means to deny the other from fulfilling their part. In this regard, even though you may disagree with one another, as in the case of defeat or win by any side on any vote or decision, it is important to keep in mind that we are all state officers and people’s representatives who ought to conduct themselves with the highest standards and decorum. The House is accordingly guided. Hon. Members, debate on the first business was concluded in Second Reading. I confirm that I have participated in the consultations that resulted in the very limited contributions by Movers of amendments to merely explain the purpose of their proposed amendments. I urge that we have one or two Members seconding or disagreeing before putting the matter to vote.

Thank you, Hon. Members.

Hon. Duale.

Hon. Speaker, I wish you quick recovery.

There is a matter of procedure I want you to rule on. During our first Special Sitting, we dealt with Clause 7. If you look at the Hansard, the Temporary Deputy Chairperson said because we had a number of amendments, including mine, I was proposing to amend Clause 7 (c) and (e), the Temporary Deputy Chairman said that we start with the amendment by Hon. Alice Wahome, which was seeking a deletion. If the House would have agreed with the amendment by the Hon. Alice Wahome of Kandara, automatically and procedurally all our amendments would fall because she was proposing to delete the whole Clause. However, the House disagreed with Hon. Alice 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.

Wahome in as far as her amendment was concerned, which was proposing to delete Clause 7. By the House disagreeing with Hon. Alice Wahome, it automatically meant that Clause 7 remained in the Bill.

Hon. Speaker, having participated in Committee of whole House proceedings for the last 14 years, I know that in that scenario, those of us who had amendments to certain sections of Clause 7 would have an opportunity to execute our amendments. However, to my shock, I see in the Order Paper that we are beginning with Clause 8. If Hon. Alice Wahome’s amendment would have been carried by the House and Clause 7 deleted, all of us who had amendments to sections of Clause 7 would have no opportunity because the Clause would not be existing. We have a situation where Alice Wahome’s amendment was rejected by the House, both in terms of her amendment and in terms of the global question. Even the presiding Chair then, Hon. Mariru, said that if Hon. Alice Wahome’s amendment would have been carried all the other amendments on that clause would have been dropped. Now the situation is that Alice Wahome’s amendment was rejected by the House. So, I am here this morning as the Member for Garissa Township to execute my amendment to Clause 7 (c) and (e).

When I realised that my amendment was not in the Order Paper last night, I spoke to the clerks. So, I need your guidance. The Order Paper should have started with our amendments on Clause 7. Looking at the Order Paper, I am not the only one with an amendment.

Hon. Speaker, I need your guidance.

I thought we are dealing with this preliminary issue. Hon. Kajwang’.

Good morning, Hon. Speaker. We are all excited to have you presiding over this Sitting. The Member for Garissa Township, Hon. Duale, has raised a pertinent issue and is requesting for your direction. Even as you think through the matter to give direction on it, may I add that a few things happened on that day that are important to note. When you retire and look at the Hansard, you will see that it is true that Hon. Alice Wahome’s amendments were negatived. I am speaking as the Vice-Chairperson of the Committee that was prosecuting those amendments. She was seeking for a deletion. I have been in the Speakers Panel before and ordinarily, it would have worked. Ordinarily, the other Movers of the amendments would then have risen in their places to execute their amendments. However, soon after Hon. Alice Wahome’s amendments were dropped, the Hansard will show you clearly that we went to the global Question, which was put and acceded to by a majority. There was a Division to it and votes were taken. In this case, the global Question meant that the clause as amended or retained as it was in the Bill. It is true that it could be an infraction of the procedure because one would have thought that Hon. Duale and other people who had amendments would have prosecuted their amendments. However, the House proceeded in the manner in which we were constituted. As you know, we had a very interesting House on that day. What happened is that the global Question was put and acceded to. There was a Division to it, which was overwhelmingly carried by a vote.

Therefore, I understand where Hon. Duale finds himself. The Question he would want to put through is how to clap back and open a vote that the House has taken on an issue. As you know, the House decides on an issue through a vote. Procedurally, one or two things are bound to happen or not happen but once the House has taken a decision on something, especially when a Division has been taken on an issue, you will want to think through on how you want to go back to it.

The second and the last thing is that, soon after…

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Hon. Murugara, I am sure the Speaker will recognise your presence.

Immediately after that happened, a section of Members decided to leave the Chamber in the middle of a Division. As far as Standing Order No.107 is concerned, that is gross disorder. They somehow managed to overwhelm the Serjeant-at-Arms, drew the bars, opened the door and left the Chamber. After that, a lot of procedures were taken. Procedurally, the Committee’s progress was reported to the House and votes were taken. They were not votes by a section of people but by the whole House and we had dissentions, the Noes and the Ayes.

Hon. Speaker, other than what Hon. Duale has said, you need to reflect on how then the Speaker would be able to go back to a matter on which decisions had been validly taken by the House. That should be guided by the fact that the decisions of the House are valid. The Constitution says that the decisions are valid, notwithstanding infractions of procedure. I thank you, Hon. Speaker.

Hon. Murugara.

Thank you very much, Hon. Speaker. Hon. T.J. Kajwang’ may have misrepresented issues. Under Standing Order No.30, the business of the House was to come to a close at midnight. It should not have been extended because it was gazetted until that time. What happened is that a few minutes to midnight, there was the issue of Division as regards to Hon. Alice Wahome’s amendment. The Speaker rightly read Standing Order No.30 (5) and said that the House could not rise at the time because there was a Division in progress. Therefore, the extension past midnight was to ensure that the Division was concluded. After the Division was concluded and the vote results announced, the business of the House for that particular day ended. If the House proceeded to do anything else outside that Division, it would have done so outside the provisions of the Standing Orders and it would not have been procedural. Therefore, Hon. Duale is right to say that Hon. Wahome’s amendment was concluded through a Division. After that, the House should have risen as it did. The rest of the amendments should be dealt with starting this morning. If anything was not done that way, then it is not procedural and we have to re-visit it. Please, think about it and give us proper direction. Thank you, Hon. Speaker.

Let us hear from Hon. Junet and a few of you. Fortunately, I was following from my hospital bed. I know that you rose 15 minutes to 2.00 a.m. I know the time the House rose on that day. It was quarter to 2.00 a.m. where I was. It is not that I was not following. So, as you address me, just address me as someone who was here with you but not on the Chair. Hon. Junet.

Suna East, ODM): Hon. Speaker, I totally agree with you because your presence was felt. Even your spirit was around in the Chamber. We could feel that you were watching us. Having said that, the issue raised by Hon. Duale is valid. As rightly put by Hon. Kajwang’, the amendment by Hon. Alice was put to vote and then there was a Division. As Hon. Murugara said, the substantive Speaker ruled that if there was a Division, the House would continue past the time it was supposed to rise. When we finished the Division, the vote was tallied and the results were declared but there were no Members to move the amendments. Hon. Duale had gone to bed by midnight. I know he is a Muslim. He does not sleep outside his house. He is a very loyal husband. He left and there was no one to move his amendment. Other Members were here but you cannot move an amendment by someone else. An amendment belongs to the owner. The presiding 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.

Chair, Hon. Soipan, had no other option but to put the global Question. You cannot wake people from their homes to come and move their amendments. So, the global Question was put and it was carried by acclamation. Fortunately, in the whole of that day, that was the only Question that had no Division because Members did not ask for a Division. Only Sankok was… Hon. Speaker, you have ruled many times in this House that if a Member is not available to move his or her amendment, it stands dropped. In my view, I think we have serious business ahead of us. I know that we should limit our time but I wanted to bring this matter to your attention. I know you are aware because you were watching. You know what went on. It was an issue of Members not being present to move their amendments. Hon. Speaker, that is all.

Now, let me hear from a lady. Hon. Wanga.

Thank you, Hon. Speaker. The issue raised by Hon. Duale should have been raised on that night before the global Question was put. To be honest, because you were following, when we finished with Hon. Alice’s amendment, the Chair went ahead to put the global Question. Hon. Duale and all these other Members were here but nobody rose in their place to say the global Question had been put yet their amendments had not been addressed. So, for Hon. Duale to rise now is many hours late. This is because the global Question was put and executed. In any case, as Hon. T.J. said, the Members rising in their places lost their right. This is because they were grossly disorderly by opening the Bar and leaving in the middle of a Division. Hon. Speaker, that was gross disorder. In fact, to come back and raise that issue when they actually left the House in the middle of a Division against the Standing Orders is really out of place. Hon. Duale and the other Members who had amendments to Clause 7 should have raised this issue before the global Question was put. After Hon. Alice’s amendment was prosecuted and defeated, the Chair went ahead to put the global Question that – Clause 7 be part of the Bill. They remained here and voted against it. They then left in the middle of a Division and they are now saying they had amendments to Clause 7. Hon. Speaker, that is completely out of order. In any case, they should be found out of order for breaking the Bar and leaving the House in the middle of a Division. That is unacceptable. Thank you.

Hon. Members, in fact the point I wanted to address has been addressed by Hon. Wanga. After concluding the first Division on the amendment proposed by Hon. Alice Wahome, having been defeated, what remained was for any other Member to move his or her amendment since the clause was there. Since none of them moved their amendments, the next thing the Chair had to do was to put the global Question for the Clause to be part of the Bill. So, any Member who desired further amendments to it was at liberty at that point and not at any other time; to rise in their places and claim since the clause was still there. They would only have lost their right to move the amendment if the amendment by Hon. Alice had been carried. Now that it remained, any other Member who had amendments was at liberty to rise in their places at that time and claim that they wanted to move their amendments. Hon. Members, please do not forget. I told you that on factual matters, do not say “No” because you think it is fashionable to do so. It is also on record that in the global Question, some Members voted for and others against. The Members who voted against the global Question were 15. You can go and check your records. I told you I was following the proceedings. They were 15. So, check the records to see what happened on that day. Therefore, if you remained around after the first Question had been determined, you would have an opportunity to move your amendments. The time was not over. 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 reason why the global Question was put is because there was still some time remaining – more than 20 minutes. On factual matters, please let us not argue. I was watching and I was very happy that the Chairperson actually drew your attention to the provisions of Standing Order 30 (5) on the matter of the House not rising in the middle of a Division. Hon. Otiende Amollo rose to amplify the point that it did not matter whether it was a Special Sitting or an Ordinary Sitting. It is called a Sitting and when there is a Division going on, you cannot raise the issue of time running out. That is why the Chairperson was perfectly right to rule that since you were in the middle of a Division, you had to continue until you finish. That was the middle of the Division on the global Question. If you continue saying “No”, we will get the Hansard and you will be embarrassed. Please, the Division on the Question by Alice Wahome was finalised before midnight. Therefore, there was still some time and that is why the Chairperson went on to put the global Question. This is because there was still some time – about 25 or 26 minutes. In fact, Hon. Sankok rose in his place and claimed that it was almost midnight and the Chairperson ruled that you were in the middle of a Division. You know some of you seem to forget when you go for the weekends. Do not get contaminated with what happens over weekends. Hon. Sankok raised the issue that it was almost midnight. Hon. Members, because we must restore order in the House, I can get the Hansard and if it shows it was a global Question, Hon. Sankok will be thrown out of this House for the balance of the day. You cannot do this because it is not the way business is transacted here. Can I get the

I will not allow you to speak when you are trying to contradict the obvious. When you rose to raise the issue of time… Hon. Members, it was during voting on the global Question. That is the truth and the facts are there. It is being checked. Please, do not say it was not yet. You know. Hon. Members, this is the direction---

Order, Members! Take your seats. I do not have to retreat to make a ruling on this. It is an obvious matter. I told you that I was following the proceedings throughout the day. In fact, the issue of time was upmost on my mind at the time. I was very happy with the Chairperson. She ruled in the correct manner.

The Question on the amendment that was proposed by Hon. Alice Wahome proceeded to division and this was the result of the division: The House divided and the Question was negatived by 145 votes to 126 votes, on the amendment proposed by Hon. Alice Wahome. Therefore, procedurally, as Hon. Duale rightly said, if that amendment had been carried, then all those other amendments by other Members, including Hon. Duale’s, would have fallen by the way side because there would have been no Clause 7 to amend. Since it was negatived, it was incumbent upon Hon Duale and all other Members who had amendments to Clause 7 to rise in their places and claim to move their proposed amendments. The records show that none of them did that and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

the global Question was put. You know, if you sit on your tight, even equity does not help the indolent. The House even proceeded to ring the division bell for the global Question.

In fact, the records show that Hon. Duale was one of the Members who raised the issue of time. You were not raising the issue about whether you were to move your amendment. There was still time. We will get the actual time. Hon. Members, you know you were at liberty to rise in your place and say: “Before you put the global Question, we have our amendments.” It appears that most of you got excited and were carried away with what was happening. You forgot that you had amendments. The record of the House shows that the business relating to Clause 7 was concluded. I am just reading what is in the Hansard.

Hon. Members, the record shows the Nays 15 and the Ayes 142. The net result was that Clause 7 is part of the Bill. The Ayes had it. So, Clause 7 is part of the Bill.

Hon. Members, it will not be open to the Speaker at this point to claim to invalidate this vote by the House. It will be assuming a vote bigger than that of the House. Do not mind. You still have got many other amendments. All I would want to ask you is that, please, whatever happens, if you have an amendment…

Order, Hon. Sankok! Since the House has already determined this, should you at some point… Hon. Sankok, do not raise your hand up because I will not allow you to say anything on this. First of all, you are trying to deny the obvious. Now, if you feel that there is something that you need to do procedurally on the clause, you can apply for a recommittal.

However, the Speaker cannot be the one to resurrect any proposed amendments that were not moved. The Speaker will be assuming a power that he does not have. Hon. Duale and other Members who may have amendments – I do not know how many had amendments – you will be at liberty to apply for recommittal. That request will be subjected to the usual parliamentary processes. The House has to agree or not agree to the recommittal. So, the Speaker cannot be the one used to now reopen that bit. Hon. Duale and other Members who had amendments to Clause 7, you still have a right to apply for a recommittal. In any event, the decision to recommit would be by the same House which will either carry or not carry the amendments. That is a neater way as opposed to getting the Speaker to come into the way to invalidate a vote that has already been taken. Hon. Duale, your right, which you appear to have sat on or forgotten that day, is not lost entirely. You still have the opportunity to apply for recommittal. That would be the best procedural way to go about it. Hon. Members, let us now move away from preliminary issues and move to business.

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Order, Members. We are in the Committee of the Whole House to resume consideration of the Political Parties (Amendment) Bill (National Assembly Bill No. 56 of 2021). I can see some Members are still consulting, but we have to move on with business. We will resume from Clause 8.

There is a proposed amendment by Hon. Duale. Order, Hon. Members. So that you do not say you did not know the import of the proposed amendment, please give time to Hon. Duale to move his amendment. He must be heard.

Hon. Temporary Deputy Chairlady, you have said that if my amendment is defeated, then the other Members with amendments will move theirs. But if it is carried, then the other amendments fall. I think you need to make that clear.

Hon. Duale, please move your amendment. You know the procedure. Do not assume anything. Why are you assuming your amendment is going to be defeated?

No, I am just saying you make it clear because there are many Members who have amendments to this clause. You need to make it clear the way the other Chairperson did the last time.

Hon. Duale, please move your amendment. We will follow procedure.

Hon. Temporary Deputy Chairlady, I beg to move: THAT, Clause 8 of the Bill be amended by deleting paragraph (b). The paragraph provides that a coalition political party shall submit a coalition agreement at least six months before a general election. The reasoning behind that provision is to compel political parties to enter into coalitions and deposit coalition agreements with the Registrar of Political Parties by February this year, which is next month. The provision appears not to be meant for posterity, but for certain political agenda. It is my honest opinion and submission that this House and its committees should not be used as a decoy in achieving selfish political interest or to The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

sanitize the character of certain leaders and parties that are known for political deceit every time they enter coalition with other parties and leaders. They are known for conmanship. For them to be accepted and to win the next general election, they want to tell the country that they are not the people we knew. We do not want to practise politics of deceit. We know that is in their DNA. Legislation should not be used to sanitize the character and personality of certain leaders who have used parties and leaders for conmanship and deceit. Their DNA will not change. This should not be allowed. We want people to approach Kenyans with honest coalitions. They should not be allowed to use this Floor and committees of this House to fix…

Hon. Temporary Deputy Chairlady, the Member for Ruaraka is disrupting me. I am about to finish.

Hon. Duale, do not listen to other Members. Please prosecute your amendment.

The Member for Ruaraka, we are not at Uhuru Park where you swore in a certain character.

Hon. Duale, please be relevant so that we can make progress.

In conclusion, Hon. Temporary Deputy Chairlady, Clause 8 is mischievous. It is being used by dishonest leaders to achieve political interests. My proposal to delete the paragraph is based on that. I ask the House to agree with me.

(Hon. (Ms.) Jessica Mbalu): No! No! No! No, Hon. Member! We have not proposed the Question to be an asset of the House. Members, with that import of the proposed amendment from Hon. Duale, I move to propose the Question.

Okay. Very well Members. Just calm down!

Hon. Sankok, resume your seat. Members, I am proposing the Question again so that Members can know the import of the Question for us to be in procedure.

Let me give an opportunity to some few Members to speak to it. I will start with the Leader of the Majority Party. You have the priority to speak. 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 Chairlady. Let me start by wishing Members a happy New Year. I stand to oppose the amendments proposed by Hon. Duale for a very simple reason. In Clause 8(a), we are admitting and accepting that the issue of coalition parties is here to stay, and nobody is objecting that. When political parties form any other coalition within the other framework apart from dealing with a political party, there is a timeline that they must submit their coalition agreement within three months - if it is a pre-election coalition, a post-electoral coalition or if it is within 21 days. For a political party which is different from the general coalition, we also need to have a timeline. A political coalition party agreement must also be submitted for the general information of the public, voters and members so that everyone knows what is contained within this coalition to avoid surprises coming out. This is something that is consistent with what we must do with every coalition. So, by deleting this provision in Clause 8(b) as proposed by Hon. Duale, it means political parties will form a coalition party, but without any responsibility to lodge that agreement with the registrar. That agreement, 1(a) (b) is in some office somewhere and the public would never get to know. It is a mischievous thing; and hence, we must defeat it and allow the issue of the political parties in this era of transparency, which some people do not believe in, to ensure every agreement that is entered into by a political party is officially lodged with the registrar of political parties so that every Kenyan can know what is in that agreement. We must, therefore, oppose any deletion through that provision.

(Hon. (Ms.) Jessica Mbalu): Alright. Let me have the Member for Lugari, Hon. Savula.

Thank you, Hon. Temporary Deputy Chairlady. I rise to oppose the proposed amendments by Hon. Duale on the following grounds: The Registrar of the Political Parties is an office that regulates political parties. A coalition would be part and parcel of those regulations. We have to follow the IEBC timelines; that is why we had proposed that we put there a timeline of six months. We do not have enough time to the next general election. I was at the Committee of JLAC and we reduced the timelines from six months to three months. I had suggested three months, but as a Committee, we settled on four months. However, because of the debate tactics that UDA is bringing to this House, we reduced the timeframe to three months as it contained in the Order Paper today. The IEBC has already published timelines for the general election. So, the regulation is that the political parties must follow the timelines of IEBC to avoid a conflict between this Political Parties Act and the IEBC Act. This is because we want a smooth, fair and free election. If the two Acts conflict, then we are opening up avenues for petitions and chaos in this country. I oppose the deletion of that Clause. We must regulate within the timeframe of IEBC. Thank you.

(Hon. (Ms.) Jessica Mbalu): Let me have the last one. Hon. Caleb Kositany. As the Speaker said, this is a House of voting. You will take your vote on the matter.

On a point of order. Hon. Temporary Deputy Chairlady, I am rising on a point of order because I can see many Members here are thirsty. We do not have water. Can it be provided?

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(Hon. (Ms.) Jessica Mbalu): I will give you directions for the water. However, for purpose of---

Members, you are free to take water anywhere at the precincts of the House. Let me have the Member for Kikuyu, Hon. Ichung’wah.

Hon. Temporary Deputy Chairlady, I rise to support the amendment by Hon. Duale. I will be very quick. This particular amendment of the Bill seeks to create a timeline for submission of coalition party agreements. The basis of my support to Hon. Duale’s amendment is this: One, we must not legislate to create timelines that would be a hindrance to the creation of political coalitions or coalitions of political parties. When we have that clause that is creating timelines - initially, the Bill had 126 days which I am happy that the Leader of the Majority Party also recognizes that that timeline was impractical. The Act as it is today, allows political parties to form coalitions during pre-election and post-election period. Therefore, when we now create a timeline that says coalition of political parties can only be created pre-election, we are creating a hindrance; and we want to put roadblocks for others in this country not to create political parties within certain timelines. I want to caution many of us who may be in support of these timelines…

(Hon. (Ms.) Jessica Mbalu)]: Very well.

Hon. Temporary Deputy Chairlady, this particular Clause, if you could allow me a minute, is designed to blackmail certain political players to get into coalitions within a specified timeline to fix politics. However, as a House, this Bill belongs to political parties. Nobody should create a timeline that is so constrained that within six or four months, you must form a coalition. People must be given the liberty to form coalitions up to 60 days.

(Hon. (Ms.) Jessica Mbalu): Hon. Ichung’wah, you have made your point. Let me have the last Speaker. Member for Kathiani, the Deputy Minority Whip. The Member has left his card. Let us have Hon. Junet.

Hon. Temporary Deputy Chairlady, let us not mislead people. Coalition making laws are already in existence. If today we want to do a coalition, there is a law that guides on how we shall do so. What this Bill is trying to do is to make it better. Let us not lie to people that you cannot make a coalition as it is today. There was NASA and CORD. There will be another coalition and many more to come. This is an amendment that we are going to oppose.

(Hon. (Ms.) Jessica Mbalu): Members, allow me now put the Question to Clause 8 (b).

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

(Hon. (Ms.) Jessica Mbalu): Order Members! The Members have debated on the import of Hon. Duale’s amendment. Hon. Members, let us take a vote on this amendment. You do not have to stand when you are saying “Ayes” or “Nays”.

For clarity, I will put the Question again. Order Members! This is for your benefit.

Order Members! I confirm that we have the numbers to call for a Division. I order the Division Bell to be rung for five minutes.

Hon. Members, the five minutes which I directed for the Division Bell to be rung are over. I order the doors to be locked and the Bars be drawn. We are moving to the third step. Members, please resume your seats. Order Members! Hon. Members, we are moving to the third stage. Please, resume your seats.

Order, Members. Please, resume your seats and log out your cards. Hon. Mbui, Hon. Duale, Hon. Maanzo and Hon. Ichung’wah, please, log out. By logging out I mean remove your cards from your units. Remove your cards from the units and I will confirm from the Speaker’s desk. Remove your cards. Log out by removing your cards from the units. The Member for Tigania West, now you have logged out. Logging out means you remove your cards from the units. We have to follow the procedures. Members who have cards, you were given enough time. That was the Communication from the Clerk, by the Speaker, even this morning. We have no point of order. There is no point of order. Member for Bungoma, you have not logged out. Your vote may not be recorded when we go to voting. Please, log out your cards.

Order, Members. Please, log out. I give you one minute to log out. I will move to the next step if you do not log out. Order, Members. Please, log your cards in. Hon. Members, in the Communication from the Clerk of the National Assembly, we were all given opportunity to configure our cards. We have 30 seconds to log in. In those 30 seconds, I am aware of cases of Members who feel that some could have given their PINs and some are carrying cards for others The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

but, log in. This will be established from the Members who have already put in your attendance by logging in.

Order, Members. Some are claiming that theirs are not working. For your satisfaction, let me order the technical team to look at it. I will give you your time. But, Members, let us not misuse this House as a House of politics. I order the technical team to check on the cards to ensure that all cards are working. Because we will move a bit fast in the other clauses, allow me to ensure that you have done the right thing on this Clause 8(b) and Members will not rise on their feet to claim that their cards are not working. I order the technical team to look at that. I will take one minute then I will start. Order, Members. We are doing our last year in this House. Most of us are very experienced. You people are very experienced Members. Most of you are logging in your cards and you are also logging out or removing your cards. When we are voting electronically, please, you must follow the procedure. Otherwise, your votes may not be counted. When you log in and log out, it is not going to be recorded in our system. Please, have your cards. Can you log out, first? Now I am going to be serious. I will move on with the steps of electronic voting.

No. Members who are saying that their cards are not working, it has been confirmed from the technical team that cards are working. There are some Members who have not logged out. You know the procedures. Hon. Mohamed Osman, Hon. Arbelle Marselino, Hon. Katana Kahindi from Kaloleni Constituency, Hon. Gideon Keter, Hon. Joshua Kutuny, you have not logged out. Member for Laisamis and Member for Cherangany, log out. Hon. Members, resume your seats. I think we have ventilated enough. I will not allow this on any other clause. I just wanted the Members who were not familiar with electronic voting or the Members who wanted to ventilate to do so. We move on to Stage 3. I have confirmed from the technical team and from the screens that you have all logged out. I now direct that the Members log in. You have 60 seconds to log in.

(Hon. (Ms.) Jessica Mbalu): One minute is over. Please vote.

(Hon. (Ms.) Jessica Mbalu): Order Members! You do not need to come to the Clerk’s table. Some Members are claiming that the cards are working, others claim they are not working and others are using the Chamber for politics. Let us have decorum in the House. Your constituents are watching you; Kenyans are watching. Some behaviours will not add you votes. For Members who are talking about voting, a Communication 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.

was made through the Clerk of the National Assembly a week ago, that we shall have electronic voting. I even have some Members who are claiming that their cards have not been configured. For us to clear the doubts, we can look up the screen. Since I am not going to announce the results now, can I repeat the process?

(Hon. (Ms.) Jessica Mbalu): Again, we are also awaiting… Members, before we go to that step, we are waiting for the results from the technical team. We are waiting for the results.

We are waiting for the results from up there.

Order Members. Order. I have confirmed that our system is working. Order Members. So, I will announce the results.

Order Members. Order Members. I will announce the results.

Order Members, order Members. As I said, we will not use this House for politics. The results are as displayed on the screen:

Nominated, JP): Hon. Temporary Deputy Chairlady, you are very biased. Do not prove to be the weakest.

(Hon. (Ms.) Jessica Mbalu): Order, Members. Leader of the Majority Party, please, move.

The systems are confirmed to be working. Leader of the Majority Party, order.

I direct the Bars and the doors to be opened.

Hon. Members, your systems are working. I have confirmed. Some Members do not use it and I will not allow it. I will not allow it. You can go to the constituency. That is why we had a Communication from the Speaker and from the National Assembly Clerk that ensure that your cards are working. Members, you can still configure your cards now. It is ongoing. That is for Members who have not configured. Those who have not done that should go to the Serjeant-at- Arms. We have confirmed that our systems are working. You can confirm the results from the screens. Please, get to the Serjeant-at-Arms in the event you feel dissatisfied with your cards because we must vote.

The Leader of the Majority Party, please, move your proposed amendment now that Hon. Duale’s amendment has been negatived.

Hon. Temporary Deputy Chairlady, I beg to move that Clause 8(b) of the Bill...

Verify first.

(Hon. (Ms.) Jessica Mbalu): Can the Leader of the Majority Party be protected to move his amendment? Serjeant-at-Arms, can the Leader of the Majority Party be protected to move his 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.

The Leader of the Majority Party to move his proposed amendment.

Hon. Temporary Deputy Chairlady, I beg to move: THAT, Clause 8(b)…

(Hon. (Ms.) Jessica Mbalu): Members who are here to do their politics outside the House.

Leader of the Majority Party to be protected to move his amendment.

Order, Members. Order!

Hon. Temporary Deputy Chairlady, I beg to move:

THAT, Clause 8(b) of the Bill be amended in the proposed proviso by deleting the words “six months” and substituting therefor the words “one hundred and twenty days”.

The import of this amendment is to accord the timeline to be synchronised with the nomination of Members of Parliament.

Hon. Temporary Deputy Chairlady, I beg to move.

(Hon. (Ms.) Jessica Mbalu): Order, Hon. Members! The Leader of Majority is on record having moved his amendment.

Members, you can now make your contributions. Let me have the Members who want to contribute. I can see that we have no interest on this. I, therefore, proceed to put the Question.

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Order, Hon. Members! Please, resume your seats. You are concentrating on non-issues and the serious Members are taking your votes.

Hon. Members, having Hon. Kimunya’s amendment taken, the proposed amendments by the Chairperson of the Departmental Committee on Justice and Legal Affairs (JLAC), Hon. John Limo, Hon. John Mutunga, Hon. Kimani Ichung’wah, Hon. David Ochieng’, Hon. Nelson Koech, Hon. Didmus Barasa, Hon. Nixon Korir, Hon. Ndindi Nyoro, Hon. Cecily Mbarire, Hon. Dido Rasso, Hon. (Dr.) Chris Wamalwa and Hon. Kathuri Murungi, automatically fall as a matter of procedure.

I have a further amendment. It is here.

(Hon. (Ms.) Jessica Mbalu): Hon. Members, we have an amendment on Clause 8 (c). Hon. Sakwa Bunyasi, please, move your amendment.

You cannot have a Division on a procedure. Hon. Sakwa Bunyasi, please move your amendment on Clause 8 (c).

Thank you, Hon. Temporary Deputy Chairlady. I beg to move: THAT, Clause 8 of the Bill be amended by inserting the following new paragraph immediately after paragraph (b) — (c) by inserting the following new subsection immediately after subsection (3) — (3A) A coalition political party shall only field candidates for election as President.

Which page?

Page 1776.

(Hon. (Ms.) Jessica Mbalu): Hon. Members, do not confuse yourselves. If you resume your seats, you will listen to the import of the amendments and make informed decision.

Hon. Temporary Deputy Chairlady, I have already moved my amendment.

Do not interrupt me.

(Hon. (Ms.) Jessica Mbalu): Hon. Bunyasi, carry on. Please, be on record. This is a House of records.

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Hon. Temporary Deputy Chairlady, the import of the amendment is that the coalition party shall field a presidential candidate and allow individual parties to field people in the other positions.

(Hon. (Ms.) Jessica Mbalu): Order, Order, Hon. Members! For you to make a decision, you must listen. Otherwise, you will be arguing and still get your results. Yes, Hon. Bunyasi.

Thank you, Hon. Temporary Deputy Chairlady for protecting me.

Hon. Temporary Deputy Chairlady, I need your protection.

(Hon. (Ms.) Jessica Mbalu): Hon. Bunyasi, this is your amendment.

I have already done so. There is too much noise.

(Hon. (Ms.) Jessica Mbalu): Let me have one of the Clerks move next to Hon. Bunyasi.

Hon. Temporary Deputy Chairlady, I have moved my amendment that the coalition party shall only field a presidential candidate. This is to give freedom to the individual parties to field candidates in the other positions.

(Hon. (Ms.) Jessica Mbalu): Order, Hon. Members! Please resume your seats. Allow me to propose the question. Hon. Members, you cannot ask for a Division from the Bar. Please resume your seats.

(Hon. (Ms.) Jessica Mbalu): The Leader of the Majority Party.

Thank you, Hon. Temporary Deputy Chairlady. I stand to oppose this amendment by Hon. Bunyasi, a man I respect. However, on this particular amendment, you cannot deny a party a right by law…

(Hon. (Ms.) Jessica Mbalu): The Leader of the Majority Party, are you supporting or not?

I am not supporting. I am opposing. This amendment is unconstitutional. It goes against Article 38 of the Constitution. You cannot define what a political party can or cannot do. A political party is at liberty to nominate candidates at whatever level. Limiting it at this point will be unfortunate. I beg to oppose and ask all our Members to vehemently oppose this 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.

(Hon. (Ms.) Jessica Mbalu): Hon. Ichung’wah.

Hon. Temporary Deputy Chairlady, as I express my support to Hon. Sakwa Bunyasi’s amendment, I want to beg that when we are voting, ensure that every vote counts. I was seated right next to Hon. Nixon Korir. My vote was counted and gadgets worked. Hon. Nixon Korir’s card did not work. The lady from the ICT department who was here confirmed that it did not work. The gentleman who is the Head of the Department has further confirmed and has gone to reconfigure card No.131 and Gathoni Muchomba’s card No.330. You can confirm if it is the ICT officer who has gone to reconfigure. For the record, ascertain that each vote counts. It is the numbers that will eventually count but for those numbers to count, every card and gadget must be configured to work. Back to the amendment by Hon. Sakwa Bunyasi, I support it. As you are aware, as we speak, the IEBC has already received approved and certified nomination rules of political parties for all elective positions. Therefore, what we are asking coalition political parties to do – unless we are contemplating that we will change the Elections Act and IEBC regulations on nomination rules for political parties – will not be practical now. Apart from the Presidential vote, coalition parties will not be able to nominate candidates for elective positions. It is on that basis that I support the amendment by Hon. Bunyasi.

(Hon. (Ms.) Jessica Mbalu): Very well. Order, Members! Before I propose the question, I have listened to Hon. Ichung’wah. As I said before, in the event that the system does not work, I will repeat the vote. I have confirmed with the technical team that the system was in order before we proceeded with the vote. It is important that I do this and Members should not use this House for politics.

Listen, Hon. Members. Every Member has a right to vote. It is on record that the Member representing the people of Lang’ata, Hon. Korir Nixon, has voted. He is number 125. Allow me to put the question. Hon. Mbui, you are not interested in this. Hon. Sankok, speak on the subject matter.

Thank you, Hon. Temporary Deputy Chairlady for giving me this opportunity to support. Please, tell these professional hecklers… You are talking of masking up and social distance...

(Hon. (Ms.) Jessica Mbalu): Hon. Sankok, can you prosecute your point.

As I support the amendment, tell these ODM professional hecklers not to heckle me again. I do not take that lightly. I support the amendment. The lists have been taken to political parties. We had asked for Division and you said we are not ready for it. We can ask for a Division while standing anywhere in this House. As long as we are in the Chamber, when Members rise to ask for a division… We will take this one to court. You denied us a division.

Professional hecklers, keep quiet! 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. Sankok, you cannot ask for Division on a matter of procedure. There is no way I can give Members an opportunity to speak when an amendment has been negated. So, I will move to put the question.

Hon. Members, let us have some decorum as I put the question. Every vote counts. And every Member in this House is important.

I confirm that you have the numbers for a Division. So, I order the Division Bell to be run for five minutes.

Order, Members. Let the doors be locked and the Bar be drawn. Members, please resume your seats. If you do not follow procedure on time, your vote will not be counted. No Member will be allowed into or out of the Chamber. Please log out. Remove your cards from the units. I confirm that we have no cards logged in. Hon. Gideon, please log out. Logging out means you remove your card. I confirm that all Members are logged out. You can now log in within 60 seconds. And do not remove your cards. The Speaker needs to take the Chair. I will allow you to log in again so that you are all sure.

For every Member to be sure, first of all, log out. By logging out, I mean you remove your cards from the units.

If it takes a whole minute to remove your cards, fine. I need every Member to be heard. Members, ensure that all cards are logged out.

Okay. The ICT officers, kindly assist. I have so ordered. I will wait for a minute. I think the system is working.

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. Order! Every vote counts and every Member has a vote. Members, are you ready we start the process?

Yes!

Let me listen to few Members. There is one Member who is standing. Maybe, she is trying to remember her pin.

Order, Hon. Members. Hon. Ojiambo, Member for Funyula, log out. Member for Emurua Dikirr! Member for Kipkelion East, Hon. Limo, has logged out. Member for Funyula, you are just logging out. Members, I confirm that you have all logged out. If you have not, kindly do so. Hon. David Gikaria, and this is how you are losing it. Log out.

Clerks, please consult with Hon. Sankok if there is any emerging issue. Members, the next step is to log in. I give you 60 seconds to do so.

(Hon. (Ms.) Jessica Mbalu): Hon. Members, the results of our voting, as displayed in our screens, are:

(Hon. (Ms.) Jessica Mbalu): We will move to Hon. David Ochieng’s amendment.

Thank you, Hon. Temporary Deputy Chairlady. May I have your attention? Having read the Bill afresh and looked at its intention again, I wish to withdraw the amendment that I had proposed.

Thank you.

(Hon. (Ms.) Jessica Mbalu): Order Members! Hon. David Ochieng’ has withdrawn his amendment.

Order Members! We had a whole week to confirm whether our cards were working. The Communication from the Clerk said that you should visit the Information and Communications Technology (ICT) Department. I order the doors to be opened and the Bar….

Allow me to put the global question. Resume your seats, Members. I will give you one minute to do that. Otherwise, your cards will not be captured during the voting process. Very well. Hon. Members, I will now put the global Question.

I confirm that you have the number of Members required for Division. I call the Division Bell to be rang for five minutes.

Order, Hon. Members! Five minutes are over. I now order that the doors be locked and the Bar be drawn. Sergeant-at-Arms, I order that the doors be locked and the Bar be drawn.

Hon. Members, log out. You must understand the procedures.

Hon. Members, log out. When you do, do not log in before I give instructions. Logging out means removing your cards from the units.

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, log out. The Members who have not logged out, the system will not capture or recognise you because it is a process. That is how Members are losing. Some are not logging in like the others. I am taking you through the steps, Hon. Members. In the next 30 seconds, please, log out. Having ordered and given enough time for Members to log out, you can now log in. I give you 60 seconds to log in. When you do so, do not vote or log out before I give further directions. Please, do not remove your cards. These are the mistakes Members are making. If you do not follow the procedure, you will find yourselves just…

(Hon. (Ms.) Jessica Mbalu): Hon. Members, as displayed on our screen, and all of you can see, results of the Division are as follows:

(Hon. (Ms.) Jessica Mbalu): Hon. Members, can we have the doors open?

Can we have the Mover move reporting? 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.

(Kipipiri, JP) Hon. Temporary Deputy Chairlady, I beg to move that the Committee do report to the House its consideration of the Political Parties (Amendment) Bill (National Assembly Bill No.56 of 2021) up to Clause 8 and its approval thereof with amendments and seek leave to sit again.

Hon. Members, as you notice, it is now 1.10 p.m., which may be an appropriate time to break for lunch, so that we can come back at 2.30 p.m. we need to end this Sitting at this time and to allow more time for cooling of tempers and breathing in and out before we come back.

(Hon. (Ms.) Soipan Tuya): Chairperson, please, report to the House.

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 8 and approved the same with amendments, and seek leave to sit again.

(Hon. (Ms.) Soipan Tuya): The Mover?

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

Hon. Temporary Deputy Speaker, I second.

Put the Question.

(Hon. (Ms.) Soipan Tuya): Hon. Members, the time being 1.13 p.m., the House stands adjourned until this afternoon at 2:30 p.m. The House rose at 1.13 p.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.