National Assembly 2023-02-14: 14:30

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Page 1 of Hansard Report - Tuesday, 14th February 2023
REPUBLIC OF KENYA
THIRTEENTH PARLIAMENT
NATIONAL ASSEMBLY
THE HANSARD
VOL. II NO. 1
THE HANSARD
Tuesday, 14th February 2023
The House met at 2.30 p.m.
[The Speaker (Hon. Moses Wetang’ula) in the Chair]
PRAYERS
QUORUM
Hon. Speaker

Can the Serjeant-at-Arms ring the Quorum Bell?
(The Quorum Bell was rung)
Hon. Speaker

Hon. Members, we now have quorum to transact business. Let us proceed, Clerk-at-the-Table.
ADMINISTRATION OF OATH
Hon. Speaker

Where are the Members escorting the Hon. Members-elect?
(Loud consultations)
Hon. Speaker

Order, Hon. Members! A solemn act is taking place now.
Hon. Speaker

The Oath of Office was administered to: (i) Hon. Barrow Dekow Mohammed, MP; and, (ii) Hon. Njuguna Chege, MP.
(Applause)
Hon. Speaker

Congratulations! You may proceed and sign the Oath of Office. Next Order.
COMMUNICATIONS FROM THE CHAIR
LAPSE OF BUSINESS NOT CONCLUDED IN THE FIRST SESSION
Hon. Speaker

Hon. Members, I have a few short communications to make. The first one is on business that lapsed at the end of the First Session and reconstitution of Sessional Committees. I take this opportunity to welcome you back for commencement of the Second Session of the 13th Parliament. It is my hope that, after the well-deserved break, you are now fully rejuvenated and ready for the heavy duty and legislative agenda that lies ahead of us in this first part of the Session. It is my hope that the induction workshops and the post-election seminars recently undertaken have been useful in enriching your parliamentary knowledge 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.
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Hon. Speaker

understanding of the workings of committees and the House, thereby making you more effective legislators. Although the just concluded First Session was short, I am impressed that the House jelled, put in place structures and laid the foundation necessary for seamless discharge of its constitutional mandate. Indeed, over that brief period, the House transacted various business, among them the consideration of various appointments to state offices, introduction and processing of Bills, petitions and individual Members' Motions, among other key business.
(Several Hon. Members stood at the Bar)
Hon. Speaker

The Hon. Members upstanding at the Bar may take the nearest available seats. Hon. Members, of note, the House passed the Independent Electoral and Boundaries Commission (Amendment) Bill, 2022 on 1st December 2022. I wish to inform the House that during the recess, the Senate considered and passed the Bill in the form it was passed by this House. The law was subsequently assented to by His Excellency the President on 23rd January 2023 and is now in operation. It is my earnest expectation that the House will build on the gains made in the First Session, rise to the occasion and transact as much business as possible in the greater interest of the Kenyan people. I urge you to do this especially in light of the priority business already before us in this part of the Session, being the Supplementary Estimates for the Financial Year 2022/2023, the upcoming 2023 Budget Policy Statement and the Medium-Term Debt Management Strategy. These and other budget-related matters will remain at the top of our agenda between now and June 2023. Hon. Members, as we commence the Second Session, I wish to bring to the attention of the House that, going by the Standing Orders and practices of the House, certain business that was not dispensed with at the end of the last Session has now lapsed. For greater clarity, the business that lapsed include all Motions, Requests for Statements and Questions. To this end, any Committee or individual Member wishing to re-introduce lapsed business is advised to do so using the usual procedure. Members who may not be clear on the procedure are advised to visit the Table Office for assistance. I hasten to clarify that the lapsing of business does not apply to Public Petitions and Bills, the consideration of which shall resume from the point at which they had reached at the end of the First Session. I also wish to draw the attention of the House to the fact that the term of certain sessional committees has come to an end and, therefore, they ought to be reconstituted. They include the Parliamentary Powers and Privileges Committee and the Select Committee on Members' Services and Facilities. The Committee on Selection is, therefore, urged to expedite the process of nominating Members to serve in the said Committees, for approval by the House. Finally, Hon. Members, as we embark on the legislative agenda for the Second Session, I wish you success, individually as Members and collectively as a House. I thank you.
(Several Hon. Members stood at the Bar)
Hon. Speaker

The Hon. Members upstanding at the Bar may take the nearest available seats.
GUIDANCE ON CONSIDERATION OF NOMINEE FOR APPOINTMENT TO THE PARLIAMENTARY SERVICE COMMISSION
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.
Page 3 of Hansard Report - Tuesday, 14th February 2023
Hon. Members, my next Communication relates to guidance on the consideration of the Special Motion on the appointment of a Parliamentary Service Commissioner who is not a Member of Parliament. This guidance relates to the Paper that will be laid by a Member of the Parliamentary Service Commission, Hon. Faith Gitau, who is not here, but I have directed the Leader of the Majority Party to lay the Paper and the subsequent Notice of Motion, on her behalf. The Paper and the Notice of Motion relates to the proposed appointment of Hon. Johnston Muthama as a Member of the Parliamentary Service Commission. Hon. Members, Article 127(2)(d) of the Constitution provides for the appointment of two persons, being one man and one woman, from amongst persons who have experience in public affairs but are not Members of Parliament, to the Parliamentary Service Commission. The position of male non-Member of the Parliamentary Service Commission fell vacant following the resignation of Commissioner Hon. Samuel Chepkonga for purposes of contesting an elective position in the general elections that took place on 9thAugust, 2022. Hon. Chepkonga won and is now a Member of this House. Consequently, and in accordance with the provisions of Article 127 of the Constitution and Section 9 of the Parliamentary Service Act, 2019, Parliament is required to appoint a person of the male gender to fill the now vacant position. It is worth noting that unlike the usual procedure for consideration of nominees to serve in other statutory and constitutional bodies where Parliamentary Committees participate in the appointment processes by way of vetting and approval of appointments, in the case of the Parliamentary Service Commission, the appointment is by Parliament itself. Moreover, the Houses of Parliament have now established a practice that, save for the Chairperson, all other Members of the Commission are appointed by the Houses of Parliament. This implies that the recruitment process undertaken by the Commission serves the purpose of vetting the proposed nominee and the person stands appointed once both Houses approve the nomination. Hon. Members, the House will, therefore, consider the Special Motion on the basis of the Report that will be laid on the Table of the House by the Leader of the Majority Party, on behalf of the Commission, and the attendant Notice of Motion. I call upon the House Business Committee to schedule the Motion at the earliest opportunity for expeditious consideration by the House – acknowledging that the Senate will also consider the nominee – so as to ensure that the Commission is fully constituted. The House is accordingly guided.
NOTIFICATION ON ENHANCED SECURITY MEASURES
Hon Members, the security measures that are now in place may lead to some discomfort and inconveniences. In this regard, I request all Hon. Members to accommodate the discomfort and co-operate with the agencies that are charged with the responsibility of providing security. Consequently, Hon. Members, I further request all Members to reduce the number of visitors at any time, and in all places, including at the restaurants. In addition, all staff are directed to put on their parliamentary identification budges at all times. In view of the above, and due to the heightened security situation, I call upon all Members to accord the necessary co-operation and support to officers from the Serjeant-at- Arms, Safety and Security Department of Parliament, and to the Officer Commanding Parliament Police Station, who are responsible for providing our security. These officers are also mandated to conduct stringent screening of Members’ vehicles before allowing access into the precincts of Parliament. 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.
Page 4 of Hansard Report - Tuesday, 14th February 2023
The Serjeant-at-Arms, Safety and Security Department of Parliament, the Officer Commanding Parliament Police Station and other security agencies are instructed to enforce the security arrangements and measures at all times. I thank you. Hon. Members, this will cause you some discomfort but it is better to be uncomfortable than unsafe. I urge us to be able to co-operate with the agencies so that our presence in the precincts of Parliament, our duty, work and everything is safe in accordance with the established procedures. Thank you. Hon. Members at the back, take your seats. Hon. Mulyungi, take the nearest seat.
(Several Hon. Members walked into the Chamber)
MESSAGES
PROPOSALS TO AMEND THE CONSTITUTION AND STANDING ORDERS
Hon. Speaker

Hon. Members, I have three short Messages. Standing Order 42(2) states that if a Message is received from the President at a time when the House is not in Session, the Speaker shall forthwith cause the Message to be transmitted to every Member and shall report the Message to the House on the day of the House’s next Sitting. In this regard, Hon. Members, I wish to report to the House that on 9th December 2022, I received a Message from His Excellency the President regarding various proposals, including proposals to amend the Constitution and the Standing Orders to ensure gender inclusivity and affirmative action, establishment of the Constituency Development Fund (CDF), the Senate Oversight Fund, the National Government Affirmative Action Fund, and establishment of the Office of the Leader of the Official Opposition and strengthening of Parliamentary oversight of the Executive. In the Message, His Excellency the President notes the legislative endeavours to facilitate greater political participation by women as well as sustained increase in the number of elected women leaders in the current political formation. The situation, however, falls short of the minimum constitutional requirement and, therefore, necessitating deliberate action from all stakeholders. This will, for example, include amendment of the Constitution to provide for a formula to guide the computation of the gender ratio based on the number of Members elected from the constituencies in the case of the National Assembly, the counties and the Senate, in line with Articles 97(1)(a) and 98(1)(a) of the Constitution. The Message also conveys proposals to institutionalise the Constituency Development Fund, the Senate Oversight Fund and the National Government Affirmative Action Fund, noting the great impact that such Funds have had to the general good of the of public. In order to ensure greater political inclusivity and promote effective checks and balances, and promote sound institutional practices, His Excellency the President has proposed the establishment of the Office of the Leader of Official Opposition noting that this will inculcate bipartisan symmetry between the majority and minority sides to its full logical extent. Hon Members, the Message from the President also conveys a proposal for increased parliamentary oversight of the Executive through the facilitating avenues for accountability through parliamentary business. Specifically, it is proposed that the rules of the House be reviewed to allow Cabinet Secretaries to respond to Questions raised by Members on the Floor of the House. This will enhance transparency and close the information gap between citizens and the Government, thereby enhancing public trust. 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.
Page 5 of Hansard Report - Tuesday, 14th February 2023
Hon. Speaker

Hon. Members, in line with the Resolution of the House of Wednesday, 12th October 2022 relating to the consideration of certain business received during the recess periods, I did transmit this Message to all Members vide my Notification Number 004 of 9th December 2022. I also referred the Message to respective Committees as follows: (i) the Departmental Committee on Justice and Legal Affairs to consider the Message from His Excellency the President with respect to implementation of the Two- Thirds Gender Rule, and establishment of the Office of the Leader of the Official Opposition; (ii) the Joint Parliamentary Ad Hoc Committee on proposals to amend the Constitution to entrench certain Specialised Funds, to consider the Message from His Excellency the President with respect to establishment of the Constituency Development Fund, the Senate Oversight Fund, and the National Government Affirmative Action Fund. (iii) the Procedure and House Rules Committee to consider the Message from His Excellency the President with respect to request to consider amending the Standing Orders to strengthen Parliamentary oversight of the Executive. Hon. Members, the Committees are required to consider the Message from the President, undertake necessary public participation as required under Article 118 of the Constitution, and submit their respective reports to the House for consideration. Noting the weighty nature of the proposal contained in the Message from the President, I urge the respective Committees to hasten the consideration of the specified matters and report back to the House as soon as it is practicable. Additionally, pursuant to Standing Oder 114(7)(a), I shall facilitate general debate on the Message from His Excellency the President on the matters relating to amendment of the Constitution as part of the collection of views on the proposed changes. Indeed, Hon. Members, you will notice from the Order Paper that the general debate on these three matters is scheduled to commence on Wednesday, 15th January 2023, subject to approval by the House Business Committee (HBC). Members who may have similar or related proposals are encouraged to make submissions at the appropriate time. I thank you.
(Several Hon. Members walked into the Chamber)
Hon. Speaker

The Hon. Members walking into the Chamber may take the nearest seats available. Hon. Members, the next message is also from His Excellency the President on Nominees for Appointment as Members of the National Climate Change Council.
NOMINATION OF PERSONS FOR APPOINTMENT AS MEMBERS OF THE NATIONAL CLIMATE CHANGE COUNCIL
Hon. Speaker

Hon. Members, Standing Order 42(1) relating to Messages from the President provides that the Speaker shall read to the House any Message from the President delivered to the Speaker for communication to the House.In this regard, I wish to report to the House that I have received a Message from His Excellency the President regarding nomination of persons for appointment as Members of the National Climate Change Council. In the Message, His Excellency the President conveys that, in exercise of the powers conferred by Section 7 of the Climate Change Act 2016, he has nominated the following persons for appointment as Members of the National Climate Change Council from the entities listed in sub-section (2), paragraphs (f), (g) (h) and (i) of the Act, respectively: (i) Ms. Emily Mwende Waita; 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.
Page 6 of Hansard Report - Tuesday, 14th February 2023
Hon. Speaker

(ii) Mr. John Kioli; (iii) Ms. Umra Omar; and, (iv) Dr. George Odera Outa. Hon. Members, in accordance with Section 7(4) of the Climate Change Act, 2016 as read together with Section 3 of the Public Appointments (Parliamentary Approval) Act, 2011, names of persons nominated for appointment as members of the National Climate Change Council under Subsection (2), paragraphs (f), (g), (h) and (i) are subject to approval by Parliament before appointment. Hon. Members, I hasten to clarify that whereas parliamentary approval of public appointments generally fall within the province of the National Assembly, the approval of appointment of members of the Climate Change Council is among the exceptions that the applicable law prescribes as bi-cameral approval. Indeed, you may recall that in the 11th Parliament, this House jointly with the Senate, vetted and approved appointment of the inaugural members of the Climate Change Council in 2016. For clarity, the vetting process shall proceed as follows: (i) the vetting of the nominees proposed for appointment as members of the National Climate Change Council shall be conducted by the National Assembly Departmental Committee on Environment, Forestry and Mining, jointly sitting with the relevant committee of the Senate; (ii) the quorum of the joint sittings of the committees will be the respective quorums of each of the committees as stipulated in the Standing Orders of the respective Houses; (iii) as contemplated under Rule 9(6) of the Joint Rules, unless a decision is reached by consensus, any vote to be taken in the joint sittings of the committees shall be by the separate Houses – to ensure that the numerical difference of the individual Members representing the Houses in the joint sittings has no effect on the decisions of the joint sittings of the committees; (iv) the joint committees shall, having conducted the vetting hearings, submit a Joint Report to the respective Houses in the manner contemplated by paragraph 7 of the Joint Sitting Rule 9; and, (v) the approval process shall be conducted in accordance with the provisions of the Public Appointments (Parliamentary Approval) Act, 2012. Hon. Members, Section 8 of the Public Appointments (Parliamentary Approval) Act, 2012 provides that a Committee to which nomination of appointments is referred shall consider the matter and table a report in the House within 28 days from the date on which the notification of nomination is conveyed to the House. The Act also requires that the public be given seven days notification for submission of views regarding the suitability or otherwise of nominees proposed for appointment to an office requiring approval of Parliament.
Hon. Speaker

In this regard, and in accordance with the provision of Article 259(5)(a) of the Constitution as read together with Section 5 of the Public Appointments (Parliamentary Approval) Act, the counting of the seven days’ notification to the public shall start running on the day following the day on which the notice is published in the dailies.
Hon. Speaker

Hon. Members, it is worth noting that Section 9 of the said law provides that if, after the expiry of the period for consideration specified in Section 8, Parliament has neither approved nor rejected the nomination of a candidate, the candidate shall be deemed to have been approved.
Hon. Speaker

Therefore, I urge and advise the concerned Committees to expeditiously proceed to jointly notify the nominees and the public. Thereafter, the two Committees should commence the joint approval hearings in earnest and table a joint report within the statutory timelines to enable the Houses of Parliament to consider the report within the set period. 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.
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Hon. Speaker

Hon. Members, having guided the House, I now refer the Message, together with the resume of each nominee and letters of recommendation from the relevant bodies, to the Departmental Committee on Environment, Forestry and Mining of the National Assembly sitting jointly with the Senate Standing Committee on Land, Environment and Natural Resources, or such other appropriate committee of the Senate, for consideration. I also further instruct the Clerk to coordinate with the Clerk of the Senate so as to immediately facilitate the process of the statutory notifications to the general public ahead of the first sitting of the Joint Committee.
Hon. Speaker

I thank you.
(Several Hon. Members walked into the Chamber)
Hon. Speaker

Hon. Members, take the nearest available seats. The last message from the President is on Nomination for a Person for Appointment as the Solicitor-General of the Government of Kenya. APPROVAL OF NOMINEE FOR APPOINTMENT AS SOLICITOR-GENERAL
Hon. Speaker

Hon. Members, pursuant to the provisions of Standing Order 42, I wish to report to the House that I have received a Message from His Excellency the President regarding the nomination of a person for appointment as the Solicitor-General of the Government of Kenya. In the Message, His Excellency the President conveys that, in exercise of powers conferred by Section 9 (1) of the Office of the Attorney-General Act, 2012, as read together with Sections 3 and 5 of the Public Appointments (Parliamentary Approval) Act, 2012, the President has nominated Hon. Shadrack John Mose for appointment as the Solicitor-General, having received the Report of the Public Service Commission on the recruitment of the Solicitor-General. The President now seeks the approval of the Nominee by the House. Hon. Members, in accordance with the provisions of Standing Order 45, I hereby refer the Message from His Excellency the President, together with the Curriculum Vitae and the Report of the Public Service Commission, to the Departmental Committee on Justice and Legal Affairs for consideration.
Hon. Speaker

Hon. Members, Section 8 of the Public Appointments (Parliamentary Approval) Act, 2012 provides that unless otherwise provided in law, the Committee to which such nomination is referred shall consider the matter and table a report in the House within 28 days. In this regard, the Committee is expected to immediately commence the approval process, notify the nominee and the general public of the time and place for holding approval hearings, and, thereafter, upon conclusion of the hearings, table its report on or before Thursday, 9th March 2023, to enable the House to consider the matter within the statutory timelines. Next Order!
PAPERS
Kikuyu, UDA (Hon. Kimani Ichung’wah)

Hon. Speaker, as you alluded to earlier, I beg to lay the following Papers on the Table: (i) Report of the Parliamentary Service Commission on Recruitment of a Male Member of the Parliamentary Service Commission under Article 127(2)(d) of the Constitution; (ii) Request for deployment of the Kenya Defence Forces in support of the National Police Service from the Ministry of Defence; 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.
Page 8 of Hansard Report - Tuesday, 14th February 2023
Kikuyu, UDA (Hon. Kimani Ichung’wah)

(iii) Supplementary Estimates 1 for Financial Year 2022/2023 from the National Treasury and Economic Planning and the following accompanying documents - (a) Financial Year 2022/2023 Supplementary Estimates No.1 (Program Based) Budget; (b) Financial Year 2022/2023 Supplementary Estimates No.1 (Recurrent Estimates) (Volumes I & II); (c) Financial Year 2022/2023 Supplementary Estimates No.1 (Development Estimates) (Volumes I, II and III); and, (d) Memorandum for the Financial Year 2022/2023 (Supplementary Estimates No.1); (iv) Additional Expenditures granted under Article 223 of the Constitution for the Financial Year 2022/2023 from the National Treasury and Economic Planning; (v) Legal Notice No.219 of 2022 relating to the Public Finance Management Act, National Peace Support Operations Fund, Regulations 2022 and the explanatory Memorandum from the National Treasury and Economic Planning; (vi) Legal Notice No.1 of 2023 relating to the Merchant Shipping Act, Training and Certification (Amendment) Regulations 2022, and the explanatory memorandum from the Ministry of Mining, Blue Economy and Maritime Affairs; (vii) Memorandum on Ratification of Defence Co-operation Agreement between the Government of the Republic of Kenya and the Government of the Republic of Seychelles from the Ministry of Defence; (viii) Memorandum on Ratification, Acceptance and Assention of the Hague Conventions on Private and International Law from the Ministry of Defence. (ix) Reports of the Auditor-General and financial statements in respect of the following institutions for the Financial Year ended 30th June 2022, and the certificates therein – (a) National Assembly; (b) Parliamentary Catering Scheme Fund; (c) Parliamentary Mortgage Scheme Fund; and, (d) Parliamentary Car Loan Scheme Fund. (x) Report of the Auditor-General and financial Statements for the National Government Ministries Departments and Agencies for the Financial Year 2020-2021, from the Office of the Auditor-General. I thank you, Hon. Speaker.
Hon. Speaker

Next Order!
NOTICE OF MOTION
APPOINTMENT OF NON-MP TO PARLIAMENTARY SERVICE COMMISSION
Hon. Speaker

Hon. Leader of the Majority Party.
Kikuyu, UDA (Hon. Kimani Ichung’wah)

Hon. Speaker, I beg to give notice of the following Motion, on behalf of the Parliamentary Service Commission. THAT, taking onto consideration the recommendation of the Parliamentary Service Commission in its Report on the recruitment of the Parliamentary Service Commissioner who is not a Member of Parliament, laid on 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.
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Kikuyu, UDA (Hon. Kimani Ichung’wah)

the Table of the House today Tuesday, 14th February 2023; and pursuant to the provisions of Article 127(2)(d) of the Constitution, this House appoints Hon. Johnstone Muthama as a member of the Parliamentary Service Commission.
Kikuyu, UDA (Hon. Kimani Ichung’wah)

I thank you, Hon. Speaker.
Hon. Speaker

Thank you. Next Order!
MOTION
APPOINTMENT OF MEMBERS TO HOUSE BUSINESS COMMITTEE
Kikuyu, UDA (Hon. Kimani Ichung’wah)

Hon Speaker, I beg to move: THAT, pursuant to the provisions of Standing Order 171(1)(f), this House approves the appointment of the following Members to the House Business Committee, in addition to those specified under paragraphs (a), (b), (c), (d) and (e) – (i) The Hon. OmbokoMilemba, MP; (ii) The Hon. Robert Mbui, MP; (iii) The Hon. Faith Wairimu Gitau, MP; (iv) The Hon. Samuel K. Chepkonga, MP; (v) The Hon. Adan Wehliye Keynan, MP; (vi) The Hon. Tom Joseph Francis Kajwang’, MP; (vii) The Hon. Sarah Paulata Korere, MP; (viii) The Hon. Joshua Mbithi Mwalyo, MP; and (ix) The Hon. Umul Ker Kassim Sheikh, MP. Hon. Speaker, I do not need to say much about this Motion. The House Business Committee is the most important Committee at this time of the year when we are beginning a new Session. I noticed one of our new Members asking why we have to do this again and yet, we appointed a House Business Committee when Members were sworn-in last year. Members, the House Business Committee is a Sessional Committee that has to be appointed at the beginning of every Session of Parliament. Having concluded the last Session in December last year, together with the Minority leadership, we have agreed to maintain the same Members for two reasons: One, for institutional memory and also to give these Members an opportunity to get to transact business for another full Session of Parliament. As you may remember, the last Session was slightly more than three months. These Members will now have an opportunity to serve for a whole year as we begin this Session with very important business ahead of us in terms of the budget-making process. We are affording our new Members an opportunity to engage and familiarise themselves with what happens in a normal Session of Parliament, which runs for a year; unlike the last Session. Hon. Speaker, therefore, we have maintained the same Members from both the Majority and Minority sides, including the Members representing the small non-parliamentary parties and those representing Independent Members. So, I do not need to say so much about this Motion. Hon. Speaker, allow me to take this opportunity to congratulate the two new Members, namely, Hon. Chege from Kandara in Murang’a County, who replaced the Cabinet Secretary for Water, Sanitation and Irrigation and Hon. (Major-Retired) Dekow, who comes in to fit into the very huge shoes of the Leader of Majority Party emeritus, Hon. Aden Barre Duale, who is now the Cabinet Secretary in charge of Defence. I congratulate those two Members. I welcome them to the National Assembly and ask them to take their time. Hon Speaker, I am sure that, with your indulgence, we can accommodated these two Members in the Committees. We shall soon be convening the Selections Committee 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.
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Kikuyu, UDA (Hon. Kimani Ichung’wah)

accommodate these two Members into Committees of the House and to engage in the business of legislation, oversight and representing the great people of Kandara and those of Garissa Township. With those remarks, I beg to move and ask Hon. Robert Mbui to second the Motion.
Kathiani, WDM (Hon. Robert Mbui)

Thank you, Hon Speaker. I rise to second the Motion on appointment of Members to the House Business Committee. This Committee is critical and important in the management of affairs of the House. It is a Committee that decides on prioritisation of Bills and Motions that come to the Floor of the House. We shall ensure that we prioritise for debate Bills and Motions that are important – Bills and Motions that touch and affect the lives of Kenyans. Hon. Speaker, as we prioritise on the Motions going forward, there are some things that are happening out there. I think it is important that we figure out how to address them as a House. This is because it is part and parcel of what we must deal with. I remember that a while ago, we had requested you to respond to the matter as to how we can deal with decisions that have the effect of law and yet, they circumvent Parliament. Presently, we know that it is totally against Article 94(5) of the Constitution. As we open this Session, I sympathise with the children of this country, particularly those who are in Grade Seven because the Ministry of Education has been notorious for continuously making laws without the approval of this House. It is very unfortunate because the whole of the Competency Based Curriculum (CBC) was developed without any regulations. The Junior Secondary Schools (JSS) Taskforce that was set up by the President generated a report that has never been discussed, but it is already being implemented. We must find a way as a House to defend the children of this country and make sure that we put in place systems that will help them because they are suffering. Hon. Speaker, there are schools which have been closed because they had few children. Those children were taken to other schools. Right now, there are schools with excess children while others have a few children and they risk being closed down. This is because schools get capitation based on the number of pupils enrolled.
Kathiani, WDM (Hon. Robert Mbui)

So, as we continue with our business in this Session, some of these things are critical and we must find a way within our Standing Orders to see how we can hasten the process of decision-making so that we can stop any rogue Government Ministries from making decisions that affect the people negatively. With those few remarks, I second.
Hon. Speaker

Order, Hon. Members.
(Question proposed)
Hon. Speaker

I see my screen has about 10 people.
An Hon. Member

Put the Question.
Hon. Speaker

Hon. Wandayi.
Ugunja, ODM (Hon. Opiyo Wandayi)

I can read the mood of the House quite correctly, but allow me to just say one or two things. This is, indeed, a Sessional Committee that we are duty-bound to constitute every time we start a new Session such as this one. As you might have noted, the two sides of the House have essentially retained the old membership of this very important Committee. Just as Hon. Ichung’wah has indicated, I hope we shall soon convene the Committee on Selection to not only address the interests of the new Members who have joined us today, but also to do some re-organisation so that we can have the House running more robustly during this very important Session. 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.
Page 11 of Hansard Report - Tuesday, 14th February 2023
Ugunja, ODM (Hon. Opiyo Wandayi)

The Second Session of the House is very different from the First Session. The First Session essentially deals with housekeeping issues. But this Session is so critical that we must put to rest the issue of Committees and their placements. Hon. Ichung’wah, we shall seek to have that Committee convened as soon as possible – if possible this week – so that we can dispense with this matter.
Ugunja, ODM (Hon. Opiyo Wandayi)

Hon. Speaker, let me also add my voice to what Hon. Mbui has said. We need to take it upon ourselves, as a House in this Session, to address those very critical issues that are a constant to the ordinary Kenyan. One of the issues is that on Competency-Based Curriculum (CBC). As we speak, there is total chaos, confusion and, in fact, madness in our schools. It is as if there is no Government in place. As a House, we need to assert ourselves, if not on anything else, on this matter because playing around with our children’s future is committing communal suicide. This Session must start on the right footing.
Ugunja, ODM (Hon. Opiyo Wandayi)

Thank you and God bless.
Hon. Speaker

Is it the mood of the House that we put the Question?
Hon. Members

Yes.
(Question put and agreed to)
(Applause)
Hon. Speaker

Hon. Members, you have now just passed the House Business Committee (HBC) that has to go and programme the business of the House starting tomorrow morning. I, therefore, order all Members who have been approved as Members of the HBC to proceed to the meeting room immediately at the rise of the House. I now request you to be upstanding.
ADJOURNMENT
Hon. Speaker

Hon. Members, there being no further business on the Order Paper, the House stands adjourned until tomorrow, Wednesday, 15th February 2023, at 9.30 a.m. The House rose at 3.16 p.m.
Hon. Speaker

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.
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Published by
Hon. Speaker

Clerk of the National Assembly Parliament Buildings Nairobi 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.
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REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT

NATIONAL ASSEMBLY

THE HANSARD

VOL. II NO. 1

THE HANSARD

PRAYERS

QUORUM

ADMINISTRATION OF OATH

COMMUNICATIONS FROM THE CHAIR

LAPSE OF BUSINESS NOT CONCLUDED IN THE FIRST SESSION

GUIDANCE ON CONSIDERATION OF NOMINEE FOR APPOINTMENT TO THE PARLIAMENTARY SERVICE COMMISSION

NOTIFICATION ON ENHANCED SECURITY MEASURES

MESSAGES

PROPOSALS TO AMEND THE CONSTITUTION AND STANDING ORDERS

NOMINATION OF PERSONS FOR APPOINTMENT AS MEMBERS OF THE NATIONAL CLIMATE CHANGE COUNCIL

PAPERS

NOTICE OF MOTION

APPOINTMENT OF NON-MP TO PARLIAMENTARY SERVICE COMMISSION

MOTION

APPOINTMENT OF MEMBERS TO HOUSE BUSINESS COMMITTEE

ADJOURNMENT