We have quorum to transact business.

Hon. Okuome, take the nearest seat.

Hon. Members, I have a short Communication. I wish to welcome you back to the House from the long recess. I note that the recess turned out to be a working break for most committees given the intense time that had to be invested in the consideration of the Budget Estimates for the Financial Year 2023/2024, public participation for the Finance Bill, 2023 and other Bills, the vetting of nominees proposed for appointment to various State offices and other priority matters that were referred to committees before and during the ended recess. Nonetheless, it is my sincere hope that you managed to spend some valuable time with your families and constituents, and are now rejuvenated to embark on transacting business during this part of the Session. As I welcome you back, allow me to emphasise the need for the House to settle down as soon as now, given the volume of business with statutory timelines either currently before the House or expected to be brought before the House. Some of the key businesses that will remain top priority in this month of June 2023 include the consideration of Special Motions for approval of proposed appointments of various persons to the Judicial Service Commission, the Central Bank of Kenya, the National Intelligence Service and other bodies. All budget-related business is also of priority, including the consideration of Budget Estimates for the Financial Year 2023/2024 and the attendant Committee of Supply; consideration of the subsequent Appropriation Bill, 2023; the Finance Bill, 2023; the County Allocation of Revenue Bill, 2023; and the County Governments Additional Allocation of Revenue Bill, 2023 among other priority business.

Hon. Members, take the nearest seats. Take the nearest seat, Hon. Yussuf. Hon. Members, the nearest seats are not normally the seats you occupy every day. The 2010 constitutional dispensation shifted the budget-making responsibility from the Executive to the National Assembly. Nevertheless, the tradition where the Cabinet Secretary responsible for Finance to publicly pronounce the Budget Highlights and Revenue Raising 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.

Measures to the nation from the National Assembly chamber remains an essential ceremonial event in the budget cycle of the East Africa Community partner States. In this regard, it is hereby notified that in keeping with the requirements of the Public Finance Management Act, 2012 and Standing Order 244C, the Cabinet Secretary for the National Treasury will make the annual pronouncement of the Budget Highlights and Revenue Raising Measures for the National Government for the Financial Year 2023/2024 on Thursday, 15th June 2023 in the National Assembly chamber. Further, Hon. Members, the other key event during this part of the Session is the National Prayer Breakfast. As you may already be aware, the date for the 20th National Prayer Breakfast was postponed to tomorrow, Wednesday, 7th June 2023. The event will take place at the usual venue, the Safari Park Hotel, starting at exactly 7.30 a.m. All guests are asked to be seated by 7.00 a.m. On the eve of the National Prayer Breakfast, as is the tradition, a national conversation on topical issues affecting the country has been organised. The conversation commenced this afternoon and is currently underway at the Safari Park Hotel, Nairobi, and Hon. Members are also invited to attend if possible. It is for this reason that the House Business Committee has approved the moving of the Motion under Order No.8 in today’s Order Paper asking the House to suspend the morning Sitting of Wednesday, 7th June 2023. This is to avail Members the opportunity to attend this important annual prayer event. Hon. Members, timely consideration of the scheduled business before the House calls for dedication of both the leadership and the entire Membership of this House. Therefore, as we embark on the performance of such important trusts bestowed on us by the people of Kenya, I urge the House to rise to the occasion, just as we have ably risen before, and deliver on the legislative agenda for this part of the Second Session.

Indeed, you will note that further to the directive of the House Business Committee, the Clerk of the National Assembly has restored the text of the motto of our Parliament in its place at the entrance of the chamber of the House. The motto reads, “For the Welfare of Society and the Just Government of the People”. When I first came here, it read, “For the Welfare of Society and the just Government of Men”. Women, you have won the battle. Now it is “the people” and not “men”.

Finally, let me wish all of you success throughout this part of the Second Session - individually as Members and collectively as a House. I thank you.

Order, Hon. Members. Hon. Members at the back, take your seats. I have a few Messages to deliver to the House. Hon. Members, this is the first one. It is a Message from the President.

Standing Order 42(2) relating to Messages from the President provides: “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 the House next sits.” 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.

Further, you will recall that on Wednesday, 15th February 2023, the House resolved that should the Speaker receive any Message from the President, the national Executive, or the Senate during recess, the Speaker shall forthwith refer the Message to the relevant committee without recalling the House. The House also resolved that whenever the Speaker invokes this resolution, the Speaker should report to the House upon resumption. In this regard, I wish to report to the House that during the May 2023 recess, I received two Messages from His Excellency the President regarding nomination of persons for appointment to various State offices.

In the first Message, His Excellency the President conveyed his nomination of Dr. Kamau Thugge, CBS, for appointment as Governor of the Central Bank of Kenya, following recommendation of the Public Service Commission. In doing so, His Excellency the President invoked the provisions of Article 231(1) of the Constitution as read together with Section 13(1) of the Central Bank of Kenya Act (Cap. 491), and sections 3 and 5 of the Public Appointments (Parliamentary Approval) Act of 2011. For clarity, Article 231(1) of the Constitution establishes the Central Bank of Kenya while Section 13(1) of the Central Bank of Kenya Act (Cap.491) provides thus: “There shall be a Governor who shall be appointed by the President through a transparent and competitive process with the approval of the National Assembly". In this regard, and in keeping with House Resolutions, I referred the Message together with the curriculum vitae, and other relevant documentation of the nominee to the Departmental Committee on Finance and National Planning to undertake approval hearing. I also directed the Clerk to transmit the Message to all Members of the National Assembly vide my Notification Number 002 of 16th May 2023.

Hon. Members, it is expected that the Committee has already commenced approval hearings and should table its report on or before tomorrow, Wednesday, 7th June 2023, to enable the House conclude the matter within statutory timelines.

The second Message from the President relates to the nomination of Mr. Noordin Haji, CBS, for appointment as Director-General of the National Intelligence Service (NIS). The Message conveys that pursuant to the provisions of Article 242 of the Constitution as read together with Section 7(1) of the National Intelligence Service Act of 2012, and Sections 3 and 5 of the Public Appointments (Parliamentary Approval) Act of 2011, the President nominated Mr. Noordin Haji, CBS, for appointment as Director-General of NIS. Article 242 of the Constitution establishes the National Intelligence Service while Section 7(1) of the National Intelligence Service Act of 2012 provides thus: “There shall be a Director-General of the service who shall, with the approval of the National Assembly, be appointed by the President.” Section 7(3) of the National Intelligence Service Act of 2012 states that the National Assembly shall, within fourteen days after it first meets after receiving the names of the nominee, consider the suitability of the nominee and either approve or reject the nominee for appointment.

Similarly, in keeping with House Resolutions, I also referred the Message together with the curriculum vitae, and other relevant documentation on the nominee to the Departmental Committee on Defence, Intelligence, and Foreign Relations. It was for the Committee to undertake the approval hearings. I also directed the Clerk to transmit the Message to all Members of the National Assembly vide my Notification Number 003 of 19th May 2023. The Departmental Committee on Defence, Intelligence and Foreign Relations is expected to expedite the approval process and table its report on or before Tuesday, 13th June 2023 to allow the House to consider the nominee within prescribed statutory timelines.

The House is accordingly guided. I thank you.

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.

Members at the back, take your seats. I have other Communications to make. Yes, Hon. Mbui.

Thank you, Hon. Speaker. I rise under Standing Order 42(4) on Messages from the President. Part Four talks about Messages from cabinet secretaries. Mine is about a Message you read to the House last year before we went on to the last recess. It was from the Cabinet Secretary for the National Treasury. He had indicated that he would be releasing funds for the NG-CDF and the NGAAF to a tune of about Ksh2 billion per week. Later on, he defaulted.

Later, when we were conducting induction of our new Members, he again sent you a written communication. You delivered it in Mombasa. Again, he had promised to be releasing Ksh2 billion per week. Hon. Speaker, the financial year is coming to an end very soon and yet Members have not received this money for development in their constituencies.

I request that you help us protect the dignity of the House because the letters came through you. You read them to us. They are on The Hansard, but they have not been fulfilled. Once bitten, twice shy. You being third in command in the country, Hon. Speaker, you need to save this House so that we do not become the laughing stock of the nation.

Thank you, Hon. Speaker. We need your guidance please.

Hon. Mbui, let me finish with the Messages and then we can come back to what you are saying. Hon. Members, the second Message is from His Excellency the President and it is on nomination of persons for appointment to the Salaries and Remuneration Commission (SRC) and the Commission on Revenue Allocation (CRA).

Hon. Members, pursuant to the provisions of Standing Order 42, I wish to convey a Message from His Excellency the President regarding nomination of persons for appointment as Principal Secretaries. In the Message, His Excellency the President conveys that in exercise of powers conferred on him by Article 132(2)(d) of the Constitution, as read together with sections 3 and 5 of the Public Appointments (Parliamentary Approval) Act, 2011, he nominates the following persons for appointment: Hon. Members, Article 132(2)(d) of the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Constitution provides that the President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss principal secretaries. In this regard, pursuant to the provisions of Standing Order 45 and Paragraph 3 of Standing Order 42 (Messages from the President), I hereby refer the Message from the President together with the Certificate of Presidential Nominations, the CVs, and other testimonials of the nominees to the respective Departmental Committees as follows –

The Leader of the Majority Party will wield more authority on this than the Chairperson of the NG-CDF.

Thank you, Hon. Speaker. I will beg your indulgence because I had engaged the Cabinet Secretary for the National Treasury and Economic Planning last week and he indicated they are in the process of working on both disbursements for the counties and the NG-CDF. However, to be able to give a more appropriate answer, I will beg that you give me until Thursday afternoon, or tomorrow afternoon to get the actual status.

You can bring a Statement on the actual status on Thursday afternoon.

Thank you, Hon. Speaker.

Next Order.

Leader of the Majority Party.

Thank you, Hon. Speaker. Allow me to also take this opportunity to welcome back all the Members to the House after the short, but long working recess. I would also like to thank the Members because many of them were very active in committees, both departmental committees and the select committees that had an opportunity to sit. Hon. Speaker, I beg to lay the following Papers on the Table: 1. Legal Notice No.40 relating to the Excise Duty (Amendment) Regulations, 2023 and the Explanatory Memorandum from the National Treasury and Economic Planning. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

2. Legal Notice No.56 relating to the Universities Regulations, 2023 and the Explanatory Memorandum from the Ministry of Education. 3. Legal Notice No.57 relating to the Access to Information (General) Regulations, 2023 and the Explanatory Memorandum from the Ministry of Information, Communications and the Digital Economy. 4. Legal Notice No.58 relating to the Public Finance Management (National Peace Support Operations Fund) Regulations, 2023 and the Explanatory Memorandum from the National Treasury and Economic Planning. 5. The Draft Public Finance Management Regulations and Public Participation Engagement Report on Amendments to the PFM Act, 2012 and its Attendant Regulations. 6. Report of the Special Groups (Youth Women and Persons with Disability) under the 30 per cent preference and reservation scheme for the July – December 2022 from the Public Procurement Regulatory Authority. 7. Quarterly Report of the Economic and Budgetary Review for the Financial Year 2022/2023 from the National Treasury and Economic Planning. 8. Reports of the Auditor-General and financial statements in respect of the following institutions for the Year ended 30th June 2022 and the certificates therein. (a) Kenya Law Reform Commission. (b) Office of the Data Protection Commissioner. (c) Kipchabo Tea Factory. (d) Kenya Dairy Board. (e) The Orange Democratic Movement Party. (f) Jubilee Party. (g) Kenya Veterinary Vaccines Production Institute. (h) Kenya National Library Service. (i) New Kenya Cooperative Creameries Limited. (j) New Kenya Planters’ Cooperative Union. (k) Communication Authority of Kenya Universal Service Fund. (l) Kenya Leather Development Council. (m) Agricultural Development Cooperation. (n) Technical and Vocational Education and Training Authority. (o) University’s Fund. (p) National Environment and Management Authority. (q) Kenya Medical Supplies Authority. (r) KAS-FC Talanta. (s) Kenya Universities and Colleges Central Placement Service. (t) Kenya National Innovation Agencies (KNIA) (u) National Museums of Kenya. (v) National Council for Persons with Disabilities. (w) Kenya Film Commission. (x) Assets Recovery Agency. (y) Communication Authority of Kenya. (z) Western Kenya Rice Mills Limited. Hon. Speaker, I am asked by the Deputy Speaker to also give special recognition and welcome back to the House, Hon. Junet Mohamed, who has been away for some time.

Hon. Junet Mohamed, you seem to have been missed by your colleagues. Hon. Members, there are some Papers to be laid by the Chairperson of the Budget The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

and Appropriations Committee and the Chairperson of the Departmental Committee on Finance and National Planning. We will stay them so that they lay them around 4.00 p.m. or 5.00 p.m. because they are still on with their committee meetings. Chairperson, Committee on Regional Integration, Hon. Wanjiku Muhia.

(Kipipiri, UDA)

Thank you, Hon. Wanjiku Muhia. Next is the Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations, Hon. Nelson Koech.

(Belgut, UDA)

Next Order. Hon. Members, the first one in giving Notice of Motion is Chairperson, Committee of Budget and Appropriations. It will apply in the same manner as the laying of the Paper. When he lays the Paper, he will also give his notice.

Next is Chairperson, Committee on Regional Integration, Hon. Wanjiku Muhia.

(Kipipiri, UDA)

Thank you. Next, Chairperson, Departmental Committee on Finance and Planning. He will give the notice at the time he will lay the Paper or the Report. Next is Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations.

(Belgut, UDA)

Thank you. Next Order.

Leader of the Majority Party.

Hon. Speaker, pursuant to the provision of Standing Order 28(4) of the Calendar of the Assembly, this House resolves to suspend the morning sitting of Wednesday, 7th June 2023 at 9.30 a.m. The Motion, having been approved by the House Business Committee (HBC) this morning, is to allow Members to attend and participate in the 20th National Prayer Breakfast in the venue alluded to by the Speaker. The National Prayer Breakfast is now an annual event and is organised by the Parliament of Kenya. Hon. Members, as leaders, it is vital to hold and be part of such important activities. I, therefore, call all Members of the House to attend. Going forward, the National Prayer Breakfast will be one of the many activities in our Calendar. With these few remarks, I beg to Move and request Hon. Chepkonga to second. I, thank you, Hon. Speaker.

Order, Hon. Members. It was agreed in the HBC that the Leader of the Majority Party moves and the Leader of the Minority Party seconds. When did that change? Hon. Opiyo Wandayi, go ahead and second. We must honour what we agreed in the HBC.

(Ugunja, ODM)

The Leader of the Majority Party wants to say something.

Thank you, Hon. Speaker. I rise to support that Motion and to also inform the Leader of the Minority Party that the Deputy Leader of the Minority Party was moving it on my behalf because I was on a phone call behind the chamber. As the Leader of the Minority Party says, this Prayer Breakfast gives us an opportunity to come together as one people and reconcile ourselves to our God. I appreciate that the Leader of the Minority Party also appreciates the role that God plays in all our lives, irrespective of our political affiliations. The Prayer Breakfast also allows us to reconcile man to man. Therefore, I look forward to the prayers after the lofty speeches that will be said at the National Prayer Breakfast. We cannot underestimate the value and the role that prayers play in our lives. If you want to know how powerful prayer is, ask those of us in Kenya Kwanza and we will tell you.

We never take it for granted. Just as the Leader of the Minority Party has announced the presence of the entire leadership of the Azimio la Umoja-One Kenya Alliance Coalition in Parliament and the absence of the Coalition’s leadership outside of Parliament at the Prayer Breakfast, let me also announce the presence of the entire leadership of the Kenya Kwanza Coalition in Parliament, as well as our party leaders, led by none other than His Excellency the President because he knows that it has taken prayers for him to be president today. It has taken prayers for us to enjoy the peace and tranquility that we enjoy today. We suffered a drought in this country that we have not experienced for a record 40 years. We kept saying that it was the worst drought in 40 years. When the President and his Deputy led Kenyans in a prayer meeting at the Nyayo National Stadium, people made fun of it. But as I said, we can tell you the power of prayers because after those prayers, as well as prayers by many other Kenyans, we experienced rains in this country. As we meet tomorrow 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.

morning to pray, we will not only reconcile ourselves to our God and our Maker, but we will also reconcile amongst ourselves as political leaders, even as we seek to reconcile Kenyans. How I pray that these prayers will also soften the hearts of those who continue to incite, misinform and ‘disinform’ Kenyans on the Finance Bill. I pray that they will now reconcile themselves with their consciences and come and debate issues touching on the Finance Bill on the Floor of this House because this is the place to engage on matters that touch on the lives of the people who have sent us here to represent them, and matters that concern them. I take this opportunity to invite all of you, including my good friends, Hon. Kalonzo Musyoka and Hon. Raila Odinga, the former Prime Minister, to the Prayer Breakfast. Should they not be there, we shall pray for them. I encourage all Kenyans to pray for each other, just like I pray for the former Prime Minister and my good friend, Hon. Kalonzo Musyoka every day. I will continue to pray for them just as I pray for my President, my Deputy President, and our leaders. I have been praying for Hon. Junet to show up in Parliament and I am happy he is here today. With those many remarks, I invite all of you to join us at the Prayer Breakfast tomorrow.

Hon. Members, I do not want to escalate the debate. Hon. Junet, because of your prolonged absence in the House, I will give you two minutes to contribute. After you contribute, I will give an opportunity to the Co-Chairpersons of the Prayer Breakfast Committee. One of the co-chairpersons is from the Senate while Hon. Chepkonga is from this House. After that, I will put the Question. Hon. Mbadi, do you want to say something?

Yes.

Hon. Junet, you have two minutes.

Hon. Speaker, I rise to support the Motion that we suspend tomorrow’s morning sitting so that we can have the Prayer Breakfast. We have been having prayer breakfasts for quite some time now since I came to Parliament. It is very important for people to come together, pray, and reconcile so that the country can move forward, but this prayer is also very expensive. It is not an ordinary prayer because of the kind of food they serve there. I do not know whether the food also comes through prayers. I do not know how we can get feedback on whether God has accepted those prayers. This is what I have been looking for, for the last five years. I heard the Leader of the Majority Party saying that he has been praying for me so that I can come back. One prayer that I know has not been accepted is that one.

He never prayed. He just called me and told me that there is some business in the House and that I should come back to the House so that we discuss it. That is not a prayer. Even from his physical appearance, he cannot qualify to pray for anyone. You know the way he appears. Lastly, let us also not overuse prayers. Sometimes we might burden God with small things, yet he has given us brains to solve our issues. You do not have to pray for everything. If you are a doctor like Dr. Pukose, you have to treat patients and not tell them to pray for healing. That is not acceptable. Tusisumbue Mungu sana. Let us pray for important things that we need God to help us with. Thank you very much.

Hon. Junet, God has never complained about prayer.

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. Mbadi, you have two minutes, then Hon. Chepkonga will close.

Thank you, Hon. Speaker. I also want to support this Motion although I want to announce it early enough that I will not attend for good reasons, which I have shared with Hon. Chepkonga. I want him to do a lot more to convince me to attend this Prayer Breakfast.

Hon. Speaker, I hope the calibre of the preachers will be carefully chosen so that we do not end up with those whom after we leave Safari Park Hotel, they will get involved in Shakahola kind of cases. That will be a big shame to this House. Let it happen to other places like the Executive. This House should not invite people with questionable characters to pray for us. Finally, I want to remind Hon. Ichung’wah that he does not own God. He belongs to all of us. By the way, he does not go to church quite often. I know him. I want to lecture him. Sometimes when God finds that you are so tough headed, he gives you very bad leaders so that you learn that leaders can force you to pay all the money that you earn in form of taxes. If you become tough headed, those are the kind of leaders that God can give you. Kenyans should start learning now that God can answer prayers by giving you very bad leaders. You can see the kind of arrogance that comes from the Leader of the Majority Party and other offices. Hon. Speaker, if I mention them, and you know them, you will tell me that they are not here to defend themselves. However, the Leader of the Majority Party is here. The Finance Bill…

Order, Hon. Mbadi. I have no way of knowing what is on your mind.

Can I proceed?

Conclude and sit down.

Hon. speaker, Joe Biden, the President of the most…

Your time is up. Hon. Chepkonga, before you conclude, let me give an opportunity to Hon. Faith Gitau. Contribute for one minute, Hon. Faith.

Thank you, Hon. Speaker for giving me this chance to contribute. Indeed, we have come this far not because of what we have done, but because of what God has done for us. Therefore, the Prayer Breakfast tomorrow is very important. First and foremost, we will thank God for fighting battles for each one of us. It was not easy even for us to be re-elected, but God did it. We thank Him because we are seated here with Hon. Junet today, who has been away from us for a long time. I support the Leader of the Majority Party that it is because of the prayers that we have been offering to God that he is here today. We welcome all of you to our Prayer Breakfast tomorrow.

Thank you, Hon. Faith. Hon. Chepkonga, I will give you two minutes.

Thank you very much, Hon. Speaker. Firstly, on behalf of the Committee of the National Prayer Breakfast, I thank you for agreeing to suspend the House tomorrow morning, so that all Members can attend. As you know, the Bible in 1st Thessalonians 5:16-18 says: “Rejoice always, pray without ceasing and give thanks in all circumstances, for this is the will of God in Christ Jesus”. It is the will of God that we must pray. It is an opportunity for all of us, as leaders, to pray. This National Prayer Breakfast is organised by Parliament. All Members of Parliament are invited. Everybody has been given a card to attend tomorrow. We have a slot for the very popular choir, the parliamentary choir, where everybody sings. We expect to see every Member 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.

participating in singing and praising the Lord tomorrow. I expect to see the Leader of the Minority Party and the Leader of the Majority Party leading that choir. With those remarks, I associate myself with the many remarks that have been made. God is not annoyed with people who make hilarious comments. He is also a joyful God. He loves hilarious people. We are not sad. This is an occasion to be happy. Hon. Mbadi is my very good friend. God is comfortable with whatever he has just said. He is not annoyed with him. Welcome to the National Prayer Breakfast tomorrow.

The Bible says you will go to heaven singing and with trumpets. Hon. Members, I will now put the Question.

Hon. Members, before we move on to the next Order, allow me to acknowledge the presence of the following schools in the Public Gallery: Ithanga Secondary School from Gatanga, Murang’a County; Kaiteneni Secondary School from Masinga, Machakos County; Good Testimony Junior School from Embakasi East, Nairobi City County; and Kerugoya Boys from Kirinyaga County. Hon. Members, in the Speaker’s Gallery, we have Kagumo Girls Secondary School from Kirinyaga Central, Kirinyaga County and Migwani Boys Secondary School from Mwingi West, Kitui County. Hon. CNN has told me that this is his old school. He has asked me to give him a minute to welcome them. On behalf of all your colleagues, you can welcome your school and the rest of the schools.

Thank you, Hon. Speaker for giving me this opportunity. Let me take this time to welcome students from my former secondary school in Parliament. I am proud to have interacted with them. I wish them a safe journey back home. Let them work hard. We expect you to be in this Chamber in future. Go and work hard so that you can come back to this Chamber like us. Thank you, Hon. Speaker.

On behalf of the House and on my own behalf, I welcome all the schools to the House of Parliament. I urge you to feel at home and learn from what you see here. Next Order.

Order, Hon. Members! Before we resume debate, Hon. Wanjiku Muhia has a short statement to make. Go ahead Hon. Wanjiku.

Thank you Hon. Speaker. Hon. Members, as you are aware, Kenya is a member of East Africa…

Order, Hon. Members caucusing a kamukunji on my right!

Hon. Members, this is very important. The Committee of Constitutional Experts drafting constitutional amendments for political confederation is here in Kenya, and this process has been on-going in East Africa. So, Parliament is expected to give its views. As such, the Clerk’s Office has mandated the Committee on Regional Integration to write a memorandum and present its views to that Committee of Constitutional Experts. Hon. Members, in this case, we invite your views through our Committee or the Clerk’s Office to enrich that constitutional amendment. For clarification, the EAC is built on four pillars; that is, the Customs Union, Common Market, Monetary Union and, eventually, Political Federation. The Summit, the highest level of governance in EAC, directed that we have a political confederation as a transition before we engage in a full-fledged political federation. In this case, the confederation requires a constitution to guide the Community. So, it is critical to have your views. Any person or member of goodwill is welcome, through the Clerk’s Office or our Committee - particularly the lawyers in this House - to give their views so that we can take an immensely enriched memorandum to Arusha which will be considered in that constitutional amendment. Thank you, Hon. Speaker.

Next Order.

Thank you, Hon. Wanjiku Muhia. My records show that on this Motion on consideration of Reports of the Auditor-General on the Financial Statements of National Government Constituency Development Fund (NG-CDF), Hon. Jane Kihara was on the Floor and had a balance of six minutes. Is she in the House? If she is not, next is Hon. Phyllis Bartoo. I can see she is top on the list, or you are among those who just keyed in, in case you get a chance on any issue.

Hon. Speaker…

You are not ready for this?

No! I had been given an opportunity to present my views.

Already?

Yes.

Then disengage the equipment. Hon. John Kawanjiku. It appears he is ill-prepared for this and so, disengage. Hon. Wilberforce Oundo, had you keyed in to speak on this? Hon. Members, before Hon. Wilberforce Oundo speaks on this, I have asked the House Business Committee to design a better system of electronic queuing so that, at the end of every Order, we wipe the screen and key in, in order of interest. This is because some of you come between 1.30 p.m. and 2.00 p.m., block the screen, and walk away or are not ready to speak. Hon. Oundo are you ready for this?

Funyula, ODM): I need to check…

Hon. Oundo, unfortunately, you have already spoken on this.

Funyula, ODM): That is what I was thinking, because my memory does not serve me wrong.

Hon. Samuel Atandi, have you keyed in to speak on this?

Alego Usonga, ODM): No! I do not want to speak on this one.

Hon. Peter Kihungi and Hon. Donya Dorice. Clear yourselves from the screen. I do not see Hon. Gertrude Mbeyu. Hon. Kibet Komingoi, Hon. Geoffrey Ruku, Hon. Geoffrey Mulanya… Amazing! Hon. Zamzam Chimba, Hon. Peter Orero of Kibra Constituency… He is not here. Hon. Robert Pukose. Give him the Floor.

Endebess, UDA): Thank you Hon. Speaker, for allowing me to contribute to this Motion by the Decentralised Funds Accounts Committee on the consideration of the Reports of the Auditor-General for the Financial Years 2013/2014, 2014/2015 and 2015/2016, for the counties of Mombasa, Kwale, Kilifi, Tana River, Taita Taveta and Lamu. There are about 26 constituencies. Hon. Speaker, the reports of those constituencies that are funded by NG-CDF have very many issues. It is important for Hon. Members to understand that quite often, they find reports indicating a certain constituency is not doing well. It is not the Member who is responsible for the day-to-day financial running of NG-CDF. It is very wrong, at times, to blame the Members about mismanagement in as far as constituencies are concerned. 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.

Looking at the Auditor-General's reports, the accounting officers for constituencies are the fund managers. So, it is essential that whenever the Auditor-General tables financial reports, Members have a look at them. What we observed in many reports is delays in releasing funds to constituencies. This has stuck to date because, as we speak, many constituencies have received less than half of what they deserve. Hon. Speaker, Hon. Mbui raised an issue when you gave your Statement about reports from the Head of State. It is important that Hon. Members receive their share of the NG-CDF money so that they can do the projects they had committed to do within the specified period. We looked at the NG-CDF Report from Ganze Constituency and found that there is duplication of projects. A project that was funded by NG-CDF had also been funded by the Equalisation Fund. You find that a dam which was supposed to have been done by NG-CDF has also been allocated money from the Equalisation Fund. You then wonder what was done by the Equalisation Fund, and what was done by NG-CDF. Co-funding is a major issue that should be looked into. We also looked at some of the reports in some constituencies. For example, in Mvita Constituency, there are no new schools that are being built. The NG-CDF there is now building walls and other amenities like swimming pools, walls, electricity, among others; while in another constituency, there are no funds to construct classrooms and students are reading under trees. They do not even have one complete classroom. These are issues that show a lot of disparities. When we came back in the last Parliament, there was some debate on the levels NG- CDF should be allocated, considering some wards have a higher population than others. Even if one constituency has six wards and another has three wards, the population within those wards are not the same. People end up with disparities in terms of disbursement of bursaries and other services. Hon. Speaker, NG-CDF has done tremendous things within the 26 constituencies in the Coast region that you can see and feel. We should continue doing more audit reports to look into what NG-CDF has done and really appreciate the services that wananchi are getting through NG-CDF. With those few remarks, I support the Report by the Committee.

Order, Hon. Members. The Chairman of the Departmental Committee on Finance and National Planning is now in the House. Allow me to interrupt debate and allow him to table his Report and give notice of Motion.

Hon. Chairman.

Hon. Speaker, I beg to lay the following Paper on the Table of the House:

Report of the Departmental Committee on Finance and National Planning on its vetting of a nominee for appointment as Governor of the Central Bank of Kenya.

Thank you. Go ahead and give the notice of Motion.

Hon. Speaker, I beg to give notice of the following Motion: THAT, taking into consideration the findings of the Departmental Committee on Finance and National Planning in its Report on the Vetting of a Nominee for the Appointment as a Governor of the Central Bank of Kenya, laid on the Table of the House on Tuesday, 6th June 2023 and, pursuant to Section 13(1) of the Central Bank of Kenya Act (CAP 491) and Section 8(1) of the Public Appointments (Parliamentary Approval) Act, 2011, this House approves the appointment of Dr. Kamau Thugge, CBS, as the Governor of the Central Bank of Kenya.

Thank you, Hon. Kimani. Let us have Hon. Kawanjiku.

Thank you, Hon. Speaker. I appreciate you for giving me this opportunity to contribute towards this Motion of great importance to our constituencies and to our constituents. It is true that the Auditor-General has done her part. We need to appreciate the work she is doing to make sure that there is transparency and accountability in those funds. Even if the Member of Parliament does not oversee the whole kitty of the NG-CDF, he has a very important role of patronage of that Fund. We have seen quite a number of developments in terms of infrastructure and work being done by that Fund. We have also seen serious developments in terms of school infrastructure. This has ensured that we have modern schools and classrooms that can accommodate a number of students schooling within our constituencies, thus increasing the intake in public primary schools and public secondary schools and making sure that there is 100 per cent transition from our primary to our secondary schools. That work cannot be done without the NG-CDF. Out of the many funds that we have within our Republic, one of the funds that has been well utilised is the NG-CDF that is overseen by the Members of Parliament. We have seen serious developments in terms of renovations, and making sure that our students have enough infrastructure to make sure they are comfortable when they are schooling and studying within our public primary schools. NG-CDF also deals with security, making sure that we have enough police stations. We are looking into such developments to help us house our police officers within our constituencies so that we can enhance the security system within the constituency. Bursary has also been a very big issue in the Republic and within our constituencies. We need to look at fairness in terms of how we distribute those bursaries in our constituencies. Sometimes, we have so many needy members. For example, in Kiambaa Constituency, I have 120,000 voters, and the amount of money that we get for bursaries is not enough to make sure there is equal distribution. Sometimes, students go without bursaries. We, therefore, recommend – and we will bring an amendment to the NG-CDF Act to the Floor of this House, to separate the bursary and the infrastructure development of the NG-CDF. We will make sure that any student within the Republic of Kenya can get an equal share of the bursary, whether they are in Kiambaa, Uasin Gishu or Wajir. We will make sure that each and every student gets an equal amount of money from the NG-CDF. We will bring this amendment and make sure that we separate the bursary and the infrastructure. We will make sure that the board audits and ensures that all the students within the Republic of Kenya get the same bursary allocation. This will ensure fairness and equity in the distribution of NG-CDF. Some constituencies like Ruiru have more than 200,000 voters, but they receive the same NG-CDF amount with a constituency that has 25,000 voters. It, 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.

therefore, becomes very difficult to decide on how to distribute those resources to all those members of one constituency. We had an incident where we lost a parent when people were coming to pick their bursary forms because it was on a first-come, first-served basis. Therefore, we will support transparency and accountability and whatever the Auditor-General is doing. We should also make sure that there is equal distribution of the NG-CDF money so that we can make sure there is equity and fairness. The work NG-CDF is doing is amazing. If you visit our constituencies, you will see publicity boards all over showing there is the presence of NG-CDF projects. I support. Thank you, Hon. Speaker.

Thank you, Hon. Kawanjiku. Hon. Owen Baya.

Thank you, Hon. Speaker, for giving me the opportunity to contribute to this Motion on the reports of the Auditor-General on the financial statements of NG-CDF for 26 constituencies at the Coast region for the period between 2013 and 2016. One of the things that I need to note is that these reports were for the 11th Parliament, and it is late. I hope that the Committee in charge of NG-CDF will give us reports on time.

Secondly, I happen to have participated in the preparation of these reports when my friend, Hon. (Dr) Pukose and his colleagues, came visiting the Coast area to follow up on the audit queries. I went round with them and saw the projects that were done and issues that were raised. It is important to note that NG-CDF has contributed significantly to the development of this country and, more so, at the Coast region, which these reports talk about. Constituencies that for many years had not been developed have seen development because of NG-CDF. One of them is Ganze Constituency. Government investment in the Coast generally is through NG- CDF. We commend the Government and the NG-CDF Board for the good work.

It is also worth noting that, although many people have gone to court to challenge NG- CDF, there is one thing that we can never escape from: That NG-CDF has helped communities in terms of bursaries, development of schools, construction of police stations, conservation of the environment and support to the youth. Today, the youth in a remote area in Ganze or Kilifi North can wear a football jersey because NG-CDF has provided those facilities.

Prudent usage of NG-CDF resources is the subject of these reports. There are times we saw the shame on how some Members implemented NG-CDF projects. You are told that a school should have been built in a place, but when you go there, there is no school. The NG- CDF Board should strengthen the audit component so that there is proper audit to ensure that the resources are used very well. My constituency has benefited immensely from NG-CDF under my stewardship. We have done a commendable job. We have developed very good infrastructure for schools, chiefs’ offices and police stations. That is tangible development. Governors are given more resources and we would like to see more development.

Lastly, NG-CDF has enabled families that would not have taken their children to school to do so and to finish Form IV. They go home with a secondary school certificate. Children have gone to university because of NG-CDF. The perpetual litigants who are always running from one court to another to try and abolish NG-CDF need to stop those shenanigans and allow Kenyans to experience the magic of the Fund. I thank you, Hon. Speaker.

Thank you, Hon. Baya. Hon. Sarah Korere.

Thank you, Hon. Speaker. I want to add my voice to the audited reports on NG-CDF. I take particular concern with how these reports are sometimes released to the public without this House having a look at them first. Sometimes, information is not verified, but you can see a big newspaper column saying that Members of The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Parliament steal from NG-CDF. I believe there is no sane Member of Parliament who can steal from NG-CDF. As Hon. Baya has mentioned, some constituencies that have been marginalised over the years have really benefited from NG-CDF. I hope very soon this House will revise the amount allocated to NG-CDF. The only development you can see in our constituencies is because of what NG-CDF does. The Fund is a classic example of what devolved funds can do. Even as we grapple with non-release of funds this year, we should add more money to the Fund. Marginalisation is real in this country. In some constituencies, marginalisation has even been devolved. That is why you hear people like the Kuria asking for their own county. Even Laikipia North would like to have its own county. There is no single constituency in this country that is not benefiting from NG-CDF. We should increase the amount of money allocated to the Fund. I urge my colleagues to be very diligent on how they use the funds. Places like Tiaty should build more schools for more children to attend so that we do not produce bandits year-in, year-out. Thank you, Hon. Speaker.

Hon. Didmus.

Thank you, Hon. Speaker, for giving me this opportunity. If you go through the reports by the Auditor-General, you cannot doubt any single word. Even as we all agree that NG-CDF has done a very good job across this country, some of the audit queries raised touch on the competency of the Fund Account Managers (FAMs), who are the accounting officers. It is very important that the Board recruit competent FAMs. When these reports raise flimsy audit queries, people tend to think that the Member of Parliament is to blame and yet, our role, as clearly stated in the law, is to provide oversight. I challenge the NG-CDF Committee to ensure that any fund manager whose account has been audited and very flimsy audit queries raised should be held to account, and trained further so that we do not allow very flimsy audit queries to dent the reputation of the good impact that NG-CDF is doing. Lastly, Hon. Speaker, we are at the tail-end of the financial year, and I kindly urge the National Treasury to release the pending money for NG-CDF so that even the new Members of Parliament can begin to rubber-stamp their entry into political leadership by, at least, launching projects in their constituencies. As we speak, there is nothing they can write home about. We hope that our economy will improve quickly so that the money can keep flowing, we can continue paying bursaries for our children, and we can continue building and improving our educational infrastructure for various schools across this country. As I finish, I wish that county governments could borrow a leaf on how NG-CDF is managed, so that we do not hear of situations where we have pending bills, projects that previous governments abandoned, and projects that are initiated and have no impact on the people. With those few remarks, I wish to support this Motion.

Hon. Caroli Omondi.

Thank you very much Hon. Speaker. I rise to add my voice, though you have surprised me a little. I thought it would take a longer time so that I crystalise my thoughts.

You are on top of my list.

The work that we do with the NG-CDF is quite clear and can be seen everywhere. But so far, we have had some difficulties implementing most of the projects because of the economic situation of the country. I add my voice and urge that whatever that can be done be done as soon as possible, so that we can get all the funding and initiate or commence all the projects that we had planned for in this financial year. I hope The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

it will be done soon so that it does not become an obstacle to the business that lies ahead of us. But we all understand how important it is. In fact, I hope it is being prioritised wherever the decision-makers are so that the funds will be released as soon as possible to the various constituencies. Thank you very much Hon. Speaker.

Hon. Agnes Pareiyo.

Thank you, Hon. Speaker, for giving me this opportunity to contribute to the Auditor’s Report on NG-CDF. This Fund is really helping in our constituencies because it is used to do most of the work. Were it not for this Fund, some of our children could be studying under trees. But because of NG-CDF, they now have classrooms and are benefiting from bursaries. That is why I stand to support. NG-CDF has had an impact in all our constituencies. Through you, Hon. Speaker, I ask the National Treasury to release the funds. Some of the comments in the reports are not from the Members of Parliament. We, therefore, need to have competent officers who can manage those funds, do the reports at the right time, and do the right things. We have incompetent officers who come to our constituencies and sometimes do not even know what they are doing. It is important for the management to make sure that the officers that we have in the constituencies know what they are doing and are able to account for the money the way it is supposed to be done. I stand to support. Thank you.

Thank you Mama Agnes. Before I give a chance to the next Member, I want to allow the Chair of the Budget and Appropriations Committee to table his Report and give Notice of Motion. I had stayed his Order on his request. Are you ready?

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Budget and Appropriations Committee on its Consideration of the Estimates of Revenue and Expenditure for the Financial Year 2023/2024 and the Medium Term, including a Compendium of Departmental Committee Reports on the Estimates of revenue and expenditure for the Financial Year 2023/2024. Thank you, Hon. Speaker.

Go ahead and give notice of Motion.

Hon. Speaker, I beg to give notice of the following Motion:

THAT, this House adopts the Report of the Budget and Appropriations Committee on Budget Estimates for the National Government, the Judiciary and Parliament for the Financial Year 2023/2024, laid on the Table of the House on Tuesday, 6th June 2023 and, pursuant to the provisions of Article 221 of the Constitution, Section 39 of the Public Finance and Management Act, 2012 and Standing Order 239: 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.

1. Approves the issuance of a sum of Ksh2,308,410,784,957 from the Consolidated Fund to meet the expenditure during the year ending 30th June 2024 in respect of the Votes contained in the First Schedule, subject to paragraph (c) (Committee of Supply). 2. Makes the non-financial resolutions as contained in the Report. 3. Makes financial resolutions as contained in the Second Schedule. 4. Orders that “The Speaker do now leave the Chair” to facilitate the consideration of the said Budget Estimates with respect to each Vote and Programme in the Committee of Supply as contemplated under Standing Order 240 (Consideration of Estimates in the Committee of Supply).

Thank you. You can proceed and lay your documents.

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.

Now I will give the Floor to Hon. Lillian Siyoi.

Thank you, Hon. Speaker, for giving me this chance. I would also wish to give my input. We need to check on the procurement process, because this is one part that has really affected NG-CDF programmes. This is because it takes time to identify the merchant or contractor and, by the time the work is being awarded to the person, it probably takes too long until the project over-stays. As my fellow Member of Parliament said earlier, when the project takes too long, at times it might be taken over by another programme. This is one thing that we need to check on. Secondly, that Fund has been of great help to the community, but there is one aspect that we have not been taking into consideration because mostly we go by the number of the electorates in that region. But we also need to check on the level of poverty, because when it comes to infrastructure, there are areas that are more developed than others. This makes other Members of Parliament look like they are not working, because most parents are very poor and the schools depend fully on NG-CDF. In other schools, parents sit down during their Annual General Meetings (AGMs) where they, at times, collect good amount of money and contribute towards putting up some infrastructure. When allocating funds, especially bursary, we need to allocate based on the level of poverty of an area. This is because the needy students need more bursary than just some allocation of bursary. At times, we give them insufficient bursary. For example, you might give each student Ksh5,000 and yet, the school fees are around Ksh40,000. Towards the end of the term, that child returns home because the parent is not able to raise the balance. To me, it is as if we are not even helping the extremely poor who cannot afford the school fees. We need to do some amendments and ensure that extremely poor schools get more bursary allocation than better-placed schools. Thank you very much, Hon. Speaker.

Thank you, Hon. Lillian Siyoi. Hon. Catherine Omanyo.

Thank you, Hon. Speaker. I looked into the reports as well and I think it is just a shame for any area that have audit queries. If there is anything that has left an impact in our regions in Kenya, it is through the NG-CDF. Most Members of Parliament have improved the socio-economic ways of our people through that Fund. All the people who, maybe, were hopeless in their lives can now count their blessings through that Fund. They see that they can chase their dreams through bursaries. Most of the buildings that look better or standard have been built by that Fund. That is why I was looking at the Report and I was like if we really want Kenya to be equal, this is the Fund to make all regions in Kenya equal. If you visit schools in the coast or come to western, you will realise that all children across the country are being treated the same through resources from that Fund. It has enabled teachers and developed buildings. That Fund makes a poor child or a rich child easily detectable. Poverty has been also reduced. There are Members of Parliament who have built modern schools in very remote areas where you would not even expect a storey building or even Google Maps to direct you. I think we should up our game as legislators by making sure we implement or use that Fund appropriately. Thank you, 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.

Hon. Members, allow me to recognise the following schools in the Public Gallery: Kirenga Girls High School from Lari, Kiambu County; Holy Trinity Girl’s Secondary School from Kapenguria in West Pokot County and Karangare Secondary School from Mbeere North, Embu County. In the Speaker's Gallery, we have St. Anne's Kiboko Girls Secondary School from Kibwezi West, Makueni County and Kerugoya Boys High School from Kirinyaga Central in Kirinyaga County. On your behalf and my own, I welcome the students and their teachers to the House of Parliament.

Yes, Hon. Ruku GK. You have one minute if you want to comment on the students. Yes, one minute so that we go back to the debate.

Yes, it is on students. I thank you for giving me this opportunity to welcome the students of Karangare Secondary School and all the students from different schools in the galleries. I congratulate them for coming to visit this very distinguished National Assembly. We encourage them to work hard so that they can be the leaders of this country tomorrow. They have a huge responsibility. I also assure them that the Government of the day is very much committed in investing in education so that they have a bright future. Thank you, Hon. Speaker.

Thank you. Hon. Innocent Mugabe.

Thank you very much for giving me this opportunity. I also want to contribute to the tabled reports on the audit of the NG-CDF. One thing I would like to say is that we should, as Hon. Members, really appreciate and take these audit queries seriously. It is through these audit checks that we will realise areas of improvement. It is through these audit checks that we will know best practices that are used in other places and can be replicated in other areas. I would also like to challenge, especially the NG-CDF Board, that after such reports, we need to have forums to share so that Members can also learn on innovative ideas and methodologies used in certain areas to get best results. Audit checks are very important. They should not be used for witch-hunt, but to help improve our delivery to the people. On this same matter of the NG-CDF, we have seen many people talk about very positive aspects of the NG-CDF.

Hon. Deputy Speaker, this Fund has clearly displayed that it is one of the best systems or structures in implementing projects at the grassroots level. We have witnessed that it is working. If something is working, it is good, and it is working for the betterment of the people of this country. The best thing to do on it is to improve it. We have heard several suggestions on how to improve this Fund, because its effects are felt at the very grassroots. On the same, I also want to add my voice on it. This is one of the Funds that should be expanded. We need to increase the percentage of funds that go to the NG- CDF because it has been proved, beyond any reasonable doubt, that the Fund works and it works for the people. If you compare NG-CDF projects with either national Government projects or county government projects, you will realise that there is a lot of efficacy on the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

implementation of NG-CDF projects compared to others. There is better utilisation of public funds through the NG-CDF compared to others. Hon. Deputy Speaker, I add my voice that this is one Fund that should be enhanced. We need to use its system and structure to capacity-build the board and fund managers, and help devolve most Government projects through the NG-CDF. On another level, if we do this right through the systems and structures of constituency levels, we will find that Members of Parliament will have a lot of autonomy in decision-making and representing their people. It is because they will have proper distribution of development across the country. We will not need to be coerced to make decisions that are sometimes unpopular in order to get development projects. This is because we will have those projects at the grassroots level. We will now have proper representation of our people. Thank you, Hon. Deputy Speaker. I beg to support.

The Member for Mombasa County, Hon. Zamzam Chimba.

Ahsante sana, Mhe. Naibu Spika. Naomba kuunga mkono mjadala huu wa leo. Hazina ya Serikali ya Kitaifa ya ustawi wa Maeneo Bunge imesaidia wananchi wetu haswa katika ujenzi wa mashule, barabara za ndani na mambo mengi sana. Pengine leo tunazungumzia NG-CDF tu, lakini ukiwa pale kwenye kiti, Mhe. Naibu Spika, naomba pia tuweze kusukuma mambo ya National Government Affirmative Action Fund (NGAAF). Mgao huu wa NG-CDF umesaidia sehemu nyingi sana. Nimezunguka Kaunti yangu ya Mombasa, na ningependa kusema kuwa pengine wako na upungufu mahali. Hii ni kwa sababu utapata kuwa katika yale mashule ambayo yamejengwa, kuna mengine ambayo hayana perimeter walls . Msaada umetokea mkubwa sana katika NG-CDF, lakini ingekuwa vizuri ikiwa unaweza kuvuka kidogo ili kusaidia zaidi; kwamba ukijenga shule, basi ujenge pia

. Kwa mfano, nimekuwa Jomvu Secondary, ambayo ni shule kubwa, na wale watoto wa kike hawana hata fence . Hamna p erimeter wall na ni boarding school . Nilivyokuwa pale, mwalimu mkuu aliniambia kuwa kulikuwa na malalamishi kuwa pesa hazikutosha. Pesa hizo kidogo zilitosha tu kujenga zile dormitories na laboratories, lakini pia wanahitaji zingine. Wamelia sana kuwa wako katika hali hatari ya kuweza kuingiliwa wakati wowote. Naunga mkono mjadala huu na kuomba kuwa Wabunge waongezewe pesa. Kama akina mama wa NGAAF, tunavyowapigia upato wakati wowote NG-CDF inavyotajwa, tunaomba Wabunge waangalie kuwa akina mama wa kaunti arobaini na saba wanapata mgao wao kwa wakati mzuri. Hadi sasa, hatujapata mgao na hali ziko tata kule mashinani. Kuna mambo ambayo tunataka kufanya kama akina mama wa kaunti arobaini na saba, lakini mgao haujakuja licha ya kuwa ni mdogo sana. Naunga mkono mjadala huu. Ahsante sana, Mhe. Naibu Spika.

Member of Parliament for Gilgil, Hon. Martha Wangari

Thank you, Hon. Deputy Speaker. I also rise to support this Report and agree with Members that NG-CDF is one of the models that is held in high esteem not only in the country, but across the globe and continent. Recently, we were hosting the Zambian delegation led by the Speaker. One thing they were keen to learn and implement in their country is a model like NG-CDF, and they are trying to craft that law guided by the National Government Constituencies Development Fund Act, because it is a trailblazer in this area. I want to join my colleagues to note that on the works that are seen in constituencies and counties, it is mostly NG-CDF work that is more visible than what is even being done by the counties. If you compare the over Ksh380 billion that goes to counties, the output it gets and the just below Ksh50 billion that goes to 290 constituencies and the work it has done, you will see that this Fund is what is needed in the grassroots and our constituencies. For new constituencies like Gilgil, which was part of Naivasha a while back, we never used to see 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.

development and the growth we can see today. Right now, the constituency can boast of a Technical Training Institute courtesy of NG-CDF. It can boast of many schools being centres of excellence, many students being educated through bursaries, and many chiefs and police officers being housed. The need for NG-CDF cannot be gainsaid. I also want to note that we have to be very keen during the recruitment of all accounting officers. We also have to be keen in the recruitment of audit officers so that it does not become witch-hunt. You will see a Fund Account Manager dealing with internal auditors this week, next week they have external auditors, and the other week they have Kenya National Audit Office (KENAO). We must also be brave enough to root out the corrupt audit officers in that system so that it is not used as a witch-hunt for Members of Parliament, or a political tool to embarrass any county, but to get output and get that streamlined. We are pushing to get the NG-CDF monies released, but we must also look at the law to ensure that the 5 per cent that has been proposed can be achieved. More importantly, we must get to a level – and this, maybe, the Senate or ourselves can do – to streamline counties and the way they learn to get a formula for the county funding that we take to counties so that we are able to know what percentage goes to personnel and development. What is happening right now is that under the Public Finance Management Act, 2012, not more than 70 per cent should go to salaries and personnel. What is happening is that many counties are not able to allocate even 30 per cent of the money to development. We must get to a point where we will put a certain percentage to go to health, roads, water and cover all the devolved functions the same way we do with NG-CDF, so that we know how much goes to sports, education and security. That is all stipulated. I hope the counties can be able to borrow a leaf from how NG- CDF is done. With that, I wish to support. Allow me to also agree with the Speaker that as we improve this Chamber – and I want to thank the Clerk because during the recess, we found it looking even better and there are some very nice wordings on the door. It is very good work. I hope we can improve the signing in and the card system, as the Speaker says, so that we can follow and avoid the issue of Members putting a card, leaving and not contributing to an issue. I thank you for giving me the opportunity, Hon. Deputy Speaker.

Hon. Ken Chonga, Member of Parliament for Kilifi South.

Thank you, Hon. Deputy Speaker for giving me this opportunity. NG-CDF is historical. It has its own history as to why it is there. The successive governments sat down and realised the need to come up with that Fund. To be very honest, if we talk about how we have been able to bridge development enclaves in regions of the country, that is where NG-CDF has excelled most. Everybody is aware of how many people have had it very difficult to go to school prior to NG-CDF. Also, there are those who have been celebrating since NG-CDF was introduced. Indeed, as much as there have been complaints here and there, that there has been some mismanagement or rather the Fund needs to be well structured enough, there is so much that has been gained from it. We have too many children today who can afford a smile because of NG-CDF. We have those who have graduated to different levels because of NG-CDF. It is the only Fund, if I should concur with my fellow Hon. Member, Wangari, that can be visible on the ground. To some extent, some of the Members have had to break the law a bit to fix areas which are not supposed to be covered by NG-CDF, or where the national Government could fix, just to make sure that people can be safe and enjoy safe-living. Quite often, NG-CDF has been called upon to rescue security issues, and it has excelled very well. It has been called to rescue some roads which are leading to schools. We find that NG-CDF has made life easier. Otherwise, even the national Government cannot access the school. That is the reality. The NG-CDF is coming in to fill the gap in many other areas, including the ones on the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

environment. It has made the lives of our people bearable more than when it was not with us. In that respect, I stand to support the Report. Thank you, Hon. Deputy Speaker.

Member for Kangema, Hon. Peter Kihungi.

Thank you, Hon. Deputy Speaker. I stand to support the reports because NG-CDF is the only Fund that is having an impact across the constituencies. As it has been said, we need to do some few amendments on it. When it comes to allocation of the Fund and especially on bursaries in some constituencies, the students who benefit are few. In others, it is not enough to allocate the 35 per cent of the Fund, because it is not enough. The issue of “one man, one vote, one shilling” is one of the areas that we might need to have a quick fix. The percentage allocation of the bursaries should go by the need. We can have a constituency in Nairobi County, for example, which has limited needs for infrastructure, but with many students who are supposed to get bursaries. If they are allowed to give over and above 35 per cent according to the need, the bigger chunk of NG-CDF will go to bursaries. This will also apply to some arid and semi-arid constituencies whose landmass is big and the need for more infrastructure is more than the number of students to be given bursaries. The issue of percentage should, therefore, go by need basis and not operate as if it is fixed across the country. It should vary according to the needs in every constituency. I also support the idea that NG-CDF can continually move ahead and cover the issue of polytechnics. Polytechnics are many across the constituencies, but counties as they are now, are not able to improve on the infrastructure and are, therefore, not able to utilise them. If county governments can agree that we amend the legislation that puts polytechnics under county governments and allow them to operate under NG-CDF, we would be able to put them into use. Our young people would be able to utilise them by applying for online jobs. The Government only needs to install computers in the polytechnics and train our students there. The county governments have not made use of the polytechnics. It is my call that polytechnics and TVETs be jointly put under the national Government and fund the infrastructure that accommodate the computers under the NG-CDF. With this, the the national Government would have created online jobs and we would be able to employ as many youths as possible. I stand to support the reports and urge Members to support them. We should also think of how we can utilise our NG-CDF as best as we can and diversify the distribution of NG-CDF on a need basis and not on a fixed formula. Thank you.

Hon. Beatrice Kemei, Member for Kericho County.

Thank you, Hon. Deputy Speaker. I had spoken to the same. However, allow me to…

Hon. Member for Siaya County, Hon. Christine Ombaka.

Thank you very much, Hon. Deputy Speaker, for giving me this opportunity. I would like also to add my voice to the reports on the NG-CDF, which is one of the Funds that has been utilised well in this country. Everybody knows the NG-CDF. Even an old woman in the village knows there is NG-CDF and that if she wants money for bursary, she knows where to go. It is well known because of the good work it has done. Most members who manage those funds have put up excellent structures. I have seen some on social media. Some of them have constructed schools with multi-storey buildings in the village. This gives a very good image of a school, and the students would, in turn, enjoy going to school because they are going to a very well-constructed school. I appreciate the work that they are doing, and this includes the police posts they are putting up, as well as the chiefs’ 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.

offices. I have seen that in my county, where Members of Parliament have done excellent work. I want to say that the job has been done well. As we also talk about NG-CDF and the success story around it, we also need to think about the NGAAF money that is allocated to Women Representatives. The Women Representatives are doing great work with the little money they get. They do not construct schools, but do other works related to schools. Sometimes, they buy beds for boarding schools, especially where there are none. I have done that as the Women Representative for Siaya County. I have made many beds for boarders because they are sharing beds or sometimes they sleep on the floor, and it is not healthy. As we talk about NG-CDF, never forget about NGAAF because they are sisters. They work together as a team. We work together with Members of Parliament but, unfortunately, our money is far too little, and we cover such a vast area. We have a whole county. I cover six constituencies with 30 Wards. It is difficult to bring development with such an amount when covering an entire county. I want to highlight that we should never forget about Women Representatives, whose money is too little. When the Bill comes to this House, let us support them as well and increase the NGAAF money so that they can do a better job that is equal to the task of NG-CDF. All of us are great performers. We want the best for our counties. What matters to all of us, be it a Women Representative or a Member of Parliament, is that we need money to bring development to our people. So, let us support each other in increasing the funds for any of them. Thank you. I support the reports.

Member for Sirisia, Hon. John Waluke.

Thank you very much, Hon. Deputy Speaker, for giving me a chance to speak to this. The work of NG-CDF is known and is visible everywhere in the country.

Hon. Waluke, I am told that you had spoken. Hon. Members, please, remove your cards if you had spoken to this. Hon. Ndindi Nyoro, the Member for Kiharu.

Thank you very much, Hon. Deputy Speaker. I rise to give my comments regarding the reports before us. At the outset, I am a very excited supporter of NG-CDF because we often talk about national expenditure and what the Government is doing. Still, the citizens of Kenya cannot conceptualize precisely what or who the Government is. We think that the Government is an amorphous figure seated somewhere and especially, in so far as development is concerned. The NG-CDF demystifies what Government is in as far as projects are concerned, especially community projects. Anyone going around the country would see the kind of changes the NG-CDF has brought to our communities. Hardly can you go to any corner of Kenya without seeing the significance of the NG-CDF with regard to projects that touch members in our localities, especially in the ‘deepest’ villages of Kenya. Therefore, we must keep on supporting the NG-CDF in all ways. We are already doing that through the Budget. I am sure that will be mentioned tomorrow in as far as the NG-CDF is concerned. I always feel that other devolved funds can borrow a lot from the NG-CDF structurally. The way the NG-CDF is administered can be a good learning book for any country and within our country with regard to development funds. This is a Fund where out of every Kshs100 allocated, Ksh95 goes to tangible development projects. When we talk about real development projects… The NG-CDF is not only a kitty for building infrastructure, but it is also a kitty for adding value to the human resource which is a critical resource that we have in the country. Comparatively, the NG-CDF across the 290 constituencies is the biggest supporter of education. It is only number two after the Ministry of Education. It goes a long way in adding 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.

value and servicing human capital that is the highest priced factor of production that we have as a country. Because the NG-CDF has been there and a lot has happened in terms of brick and motor, I have been toying with an idea of enlarging the bracket of the bursary that is offered through the NG-CDF, especially from the current band of 25-35 per cent to somewhere around 50 per cent. The reason I have been entertaining this idea is because I have a programme supported by the NG-CDF in Kiharu which we call “Kiharu Masomo Bora Programme”. Parents of Kiharu who have their young ones in day schools pay only Ksh1,000 per term for school fees. Those parents who are interested in having remedial classes for their children can have local arrangements with the teachers. However, they can pay up to a maximum of Ksh1,000 per term. This is to encourage many children in that age group to be in schools. It also makes school exciting. We realised that even us when we were in school, we were kept there for more hours because of other things that happened in school, especially food but not books. So, when we realised that we cannot change that fact, we worked around it and changed their menu. Majority of us when we were in school took staple food from Monday to the last day of the week on Friday. What we have done is to recalibrate the same. We now have rice for three days and the staple food, githeri, for three days. We also provide food on Saturday so that the learners who want to be in school on Saturdays have an opportunity to have meals while in school. I do not want to give just the score card. I am giving facts in terms of how the NG-CDF can be transformative. When we took over, the classrooms of the 112 public primary schools in Kiharu were dilapidated. They never qualified to be called classrooms because the structures looked more like museums. However, with the assistance of the NG-CDF, we have transformed all the 112 public primary schools. All of them look like what we call “academies” and they are tiled. The reason I am sharing all these is because I believe there is a lot that we can do with the NG-CDF as a community fund, especially with how we expend that money. Community money should not be expended by big contractors from big cities. The contractors who should benefit from funds that are community based should be people in areas that we undertake the projects. That is what we have done in Kiharu. We involved the local community in all our projects. We use procurement methods that require all the money to remain around the community. By doing so, we have imparted skills of fixing tiles to 150 fundis from Kiharu who did all the tiling in classrooms. We also trained in-house a team of 150 people who do all manner of professional paintings that we want. The reason I am saying this is not because of the Kiharu NG-CDF. I am using Kiharu as a representation of the 290 constituencies to show the country the level at which the NG-CDF can transform the country. Because of the nature of this Fund, other countries have come to Kenya. Recently, I was with a colleague friend from the Parliament of Zambia. They have a similar Fund like the NG-CDF. They came to benchmark on how we administer the NG-CDF in Kenya. We have to be alive to the dynamics of change in the management of such a Fund so that we do not, again, give stories like the ones we give when Singapore came to Kenya to learn about national development. That is a reason why the NG-CDF should keep evolving so that it continues to address issues that are current. That is part of the reason I believe and entertain the idea that we must enlarge the bracket of the NG-CDF in terms of bursary because many more constituencies can offer masomo bora kind of programmes that lessen the burden on parents, especially those with children in day schools.

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Mr. Temporary Speaker, I have seen there is change of Chair. This is for the viewers so that they do not get confused. There is Mr. Speaker and Madam Speaker. I support this Report and support the fact that we continue to be audited properly through internal auditors and the Office of the Auditor-General. We are paying people to check us. It is important for them to continue doing that job anywhere money is concerned so that every shilling counts in as far as community development is concerned. I want to hail the good work that is being done in Homa Bay Town Constituency. It is one of the leading constituencies in terms of administering the NG-CDF. Thank you.

Thank you very much the Budget and Appropriations Committee Chairperson. Hon. Millie Odhiambo-Mabona, Member of Parliament for Suba North.

Thank you, Hon. Temporary Speaker. I can see my good friend, Hon. Gladys Boss Sholei has left the Chair. Now we have my uncle who is now very preoccupied with a new subject other than gender. However, I will not mention his agenda. I support the Report of the Decentralized Funds Accounts Committee on the consideration of the Reports of the Auditor-General on the Financial Statements for the NG- CDF in different constituencies that is before this House. I will not speak too much to the issues that Members have spoken about. Indeed, I agree with Members that the NG-CDF has enhanced development in our constituencies. One of the things that was very common, especially in rural constituencies like mine was mud-walled classrooms. With the NG-CDF, mud-walled classrooms have become a thing of the past. Hon. Temporary Speaker, the other thing that I would want to praise the NG-CDF for is enhanced equity. In the past, if you did not vote for the Government – and I recently heard a statement to that effect – there would be no development on your side of the world. With the NG-CDF, whether you support the Government or not, you will have funds through which you can support your constituency. Because of that, democracy is enhanced, which is a good thing. However, one of the things that we need to mention about the NG-CDF is that we now need to move from equity to equality. Why do I say that? One of the things that many in the public would challenge us on is in relation to what my good friend, the late Hon. Bernard Okoth of Kibra Constituency said. People would tell you to look at the kind of classes that Hon. Bernard was building. He would construct storied buildings while you constructed one or two classes. What people did not realise is that Kibra has nine schools and we have over 100 schools. How do nine established schools compete against almost 200 schools in the rural areas? Some of those areas do not have schools and you would have to construct new schools like in Sukuru Island, where I built the first class ever. Because of that, we need to move more towards equality in the provision of the NG-CDF, and not only equity. Currently, the NG-CDF uses equity and not equality to distribute funds.

The NG-CDF is one of the best managed funds in the country. Members and the Chairperson of the Budget and Appropriations Committee have spoken to the issue of the NG- CDF being audited by three auditors. I find it laughable when I hear people saying that the NG- CDF is pocket change for Members of Parliament. If it was, with the very enlightened populace that we have in Kenya, you will never be re-elected. There is a team that was coming up with a report on a proposed amendment to the Constitution. I was not in that Committee, but I would like to encourage us to bring a bold proposal that changes the architecture of governance, so that we do not just think in terms of the traditional way of governance but instead come up with a sui generis system that works for Kenya. This is so that we do not say that we have three arms of Government and each of them must have this system working. Why should we kill a system that is working well and that The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

many countries are trying to emulate? Is it because some French guy made some comments about separation of powers years ago? If that separation of powers servedsus well right now, let us do what works for us. We are a poor country and we need development. The NG-CDF has worked. Contrary to what people say, it is making a big of difference in people’s lives.

Before I finish, we have focused a lot on the brick and mortar issues. However, the NG- CDF has done a lot on software in terms of mentorship. In Suba North, we are about to launch two books for our high school students and university students under a programme called “I Am a Winner”, which is both a scholarship and mentorship programme that helps to produce professionals within the constituency. It is not just about brick and mortar issues. I wish that the NG-CDF had taken over some responsibilities from county governments because many of them have failed us. They have more resources than us, but their products are embarrassing. Sometimes we have to be innovative and creative to meet county governments demands which have not been met and yet, the communities need them. Finally, there is one thing that I want to say in terms of audit. Because the NG-CDF helps many people, I encourage the auditors to be serious when auditing it. Let them not engage in any monkey business with it. In this country, it is very difficult to be ethical and a person of integrity. Ethical people and persons of integrity are hounded by these auditors. Hon. Temporary Speaker, I think I have shared with you before that when I first got into the NG- CDF, I was informed that there could be a case of misappropriation. Being the nice and ethical person that I am, I came and reported the issue, and asked that my fund account manager be removed and requested for an internal audit. I have regretted to date why I bothered to be a good citizen. We were given false audit creating fake schools and purported misappropriation. Different Government agencies that are supposed to ensure that people do the right thing are busy following you to give them bribes of Ksh3 million. I told them to go to hell. Hon. Temporary Speaker, I was with you when I took this matter to the Ethics and Anti-Corruption Commission (EACC). I am sad that to date, that matter has not been followed up. You give a wrong and false audit and say that a school in Suba North does not exist and it is imaginary, and yet we gave you bank records that show that the school was given money. This is merely because we have refused to give you Ksh3 million. Members of Parliament here are shy and do not want to say the things that go on with the NG-CDF in terms of our oversight role. Why? It is because they know that if they speak, they will be targeted. I am willing to be targeted so that things can be right. We are tired of being asked money. When auditors start to audit, the first thing they ask is for you to pay money upfront. If you do not do so, your results are qualified. Continue qualifying, but you need to do the right thing. I will speak the correct things until I leave this House. Even if I am sacrificed for speaking the truth I will do so. We need to do the right thing for Kenyans we came here to serve, and not to take away money from them. I encourage the NG-CDF office in Nairobi to look into how that audit was done so wrongly that it is embarrassing. When I showed them evidence and proof that all the things that were presented were false, no action has been taken against the auditor who wrote that report to date. The EACC has not done anything. Instead, you get the Directorate of Criminal Investigations (DCI) and other agencies following you and asking for bribes every now and then. Shame on you! The next time you call me, I will mention you here by name. Stop following us for bribes. If we do not speak these things, nobody will. Thank you, Hon. Temporary Speaker. I support the Motion. Let the auditors know that their work is to serve Kenyans and not to harass them.

Thank you, Hon. Millie Odhiambo Mabona, for that good direction in terms of how audits should be done. Hon. Rashid Bedzimba, Member for Kisauni. 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.

Asante sana, Mhe. Spika wa Muda, kwa kunipa fursa hii ili niweze kupenyeza sauti yangu. Kwanza, naunga mkono Ripoti hii ya Mhandisi wa Fedha. Pia, naitilia mkazo kwamba…

Did I see Hon. Ruth Odinga, the Women Representative for Kisumu request for an opportunity to speak to this Motion? Is Hon. Ruth Odinga in the House?

Proceed, Hon. Bedzimba

Asante, Mhe. Spika wa Muda. Ningependa kutia sauti yangu haswa kwa miradi ya NG-CDF. Ile miradi inayopatikana na inayoonekana katika maeneo yetu sana ni ya NG-CDF. La kusikitisha zaidi ni kwamba hivi sasa, tunakaribia mwaka mwingine na hatujapata hata robo ya pesa. Ni hatari sana kwa sababu hizi ndizo fedha ambazo zilikuwa zinasaidia maskini asiyejiweza. Lakini sasa hana la kufanya kwa sababu ofisi zetu hazina fedha. Hata sisi tumepeana bursaries lakini mpaka sasa, hatujamaliza kupeana za sekondari na vyuo vikuu kwa sababu hakuna fedha.

Mhe. Spika wa Muda, mijengo mingi ya shule imeanguka. Vyoo vimefurika. Kila siku, ukiuliza unaambiwa shida ni hazina. Tunaenda mwaka mwingine. Sasa tutakua tena kwa

ama namna gani? Hii ni hatari kubwa sana ambayo Wakenya wanapitia. Hali ni ngumu. Ukiangalia shule sasa hivi, vyoo vimefurika. Kipindupindu sasa kinaanza kuingia katika shule zetu na huku unaambiwa ni hazina tunangoja. Lazima watueleze shida iko wapi kwa sababu fedha ziko. Kwa nini haziachiliwi na hii ndiyo miradi ambayo inasaidia wananchi? Nitakupatia mifano katika shule za Kisauni. Kuna Shule ya Msingi ya Kashani ambapo watoto wanasoma mpaka mlangoni. Wanakaa chini. Hata dawati hakuna. Watoto wanapata funza. Zile sakafu zimevunjika na huku ukiitisha fedha, unaaambiwa ungoje hazina. Kinachoendelea ni kitu cha kusikitisha sana. Ukiangalia sasa hivi wakati wa mvua, kuta nyingi katika shule ya msingi ya Magogoni zimeanguka. Ukiangalia Shule ya Msingi ya Bedzimba, utaona ukuta umeanguka, lakini hatuna fedha za kuwasaidia wale watu ili waweze kujiendeleza ama kusoma katika mazingara mazuri. Huyu Waziri wa Fedha ahakikishe kwamba amewachilia hizi fedha kabla hatujaanza kujadili Bajeti inayokuja. Tulipitisha mpaka Bajeti ya Ziada lakini hakuna kitu kimewachiliwa. Upande wangu na Kenya nzima tunajua kwamba NG-CDF imefanya makubwa sana. Kuna watu wamesomeshwa kuanzia kidato cha kwanza mpaka cha nne. Kuna wengine wameregeshwa katika vyuo vikuu. NG-CDF ndiyo inawasaidia. Leo, tunasikitika kwamba kwa mara ya kwanza tangu taifa hlii lianze hazina hii, hakuna pesa. Hakuna kitu kinaachiliwa. Hakuna miradi inafanyika, mafuriko yameingia mitaani na hatujui tutafanya nini. Tuhakikishe kwamba tumeisukuma Wizara iachilie hizi fedha ili zisaidie watu wetu. Kwa haya mengi Mhe. Spika wa Muda, nashukuru kwa kunipatia fursa hii.

Ahsante sana. Mbunge wa Mosop, Mhe. Abraham Kirwa.

On a point of order, Hon. Temporary Speaker.

What is out of order Hon. Millie Odhiambo? Before you speak, will you approach the Speaker?

Yes.

In the meantime, proceed, Hon. Kirwa.

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Hon. Temporary Speaker, let me thank you for this opportunity you have given me to contribute to this Motion. I want to really appreciate the work that NG-CDF has done in this nation. It has truly made a big difference in places where distribution of funds from the national Government was unable to reach, especially a constituency like Mosop which was really sidelined for many years. Most of the projects were never done. NG-CDF brought water. We have also built schools and chiefs’ offices using funds from NG-CDF. It has truly transformed most parts of this country. It has really touched very many families that could not have gone to school. Most of my constituents depend on agriculture. Most of them do not have enough money to pay students’ school fees. Bursaries from NG-CDF make a big difference in making sure that those students from low-income families or those which are unable to support themselves are given full or partial scholarships. NG-CDF has truly changed this country in many ways, and it continues to do the same. There are places where we did not have water. Although it is a function of county governments, NG-CDF helps in some of those areas. In terms of matching with the Last Mile Connectivity Project, it has brought power to most of the constituencies where it was not possible to have power, especially Mosop. We have some funds that allow us to match with Kenya Power. This has helped us to provide power to most of the families. Much as the NG- CDF might not be a lot of money, it has been felt by most of the families and in most parts of this country. It has really made a big difference. I hope and believe that this Fund will not end soon. It will continue. I challenge the Government to continue increasing the NG-CDF allocation because it is the only Fund that can be quantified for what it has done and what it continues to do. We have done renovations. I just came back from recess. We have done a lot in the short time that we were at home through the NG-CDF that we received. We may not have got all the disbursement but it continues to touch lives and changes the economy of our country and projects. We should continue to support this Fund and increase its allocation, so that it will continue to transform our nation. Thank you, Hon. Temporary Speaker, for giving me the opportunity to contribute to this Motion.

Thank you very much. Member for Kisumu County, Hon. Ruth Odinga.

Thank you very much, Hon. Temporary Speaker. I would like to put across my case for the NG-CDF which needs to be allocated more funds. Having been in the county governments, I am saying this because their funds are not sent there most of the time. Even as I am speaking to you right now, the county governments have not received their funds. The NG-CDF ensures that many bursaries have been disbursed to the students and the needy have gone back to school. In all the time that I have been in the county government, the NG-CDF supports many projects when it is there. I come from Kisumu West Constituency. Most of the areas are inaccessible. If it was not for the NG-CDF, most of these areas would not have become accessible to women, youth and people living with disabilities who need to use these access roads to go to markets. I believe that the NG-CDF combined with NGAAF… If we can allocate more funds to NGAAF to support women, youth and people living with disabilities, the two of them can really support the poor. When I was working in the county government, I was not supporting the NG- CDF. I realised later that without it, most of the Government’s projects stalled. In all times, the NG-CDF comes before any county government funding. It ensures that people are not sitting 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.

waiting for the county government to get the disbursement. I believe that it should be given more money. Most of the Members of Parliament use these funds better than what is allocated to county governments. To be honest, Members of Parliament do not misuse the NG-CDF. It is felt on the ground. I am sure that it is a Fund that Kenyans support and want it more than any other fund that is there. It is a better Fund. We should allocate more money to it and forget about the 3 per cent housing levy. It needs to be enhanced.

Thank you very much, Hon. Ruth Odinga. Do we have the Member for Marakwet West, Hon. Timothy Toroitich?

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this very important Motion. It is not in doubt that the NG-CDF has been of great significance in this country. If you compare the monies sent to the constituencies through the NG-CDF and those sent to counties, you will note that there is a marginal difference on how their money is spent. The reason the NG-CDF has been successful is because of its lean management. That is why we insisted before this House the need to anchor it in the Constitution, so that no one can challenge it before our courts. The NG-CDF has assisted in terms of developing our infrastructure. I do not know what would have happened to our public primary schools and secondary institutions, if there was no NG-CDF, bearing in mind they are a function of the national Government. The NG-CDF has been of great importance in our constituencies. I am worried about the reports we are discussing of the Decentralised Funds Accounts Committee in respect to the Financial Years 2013/2014, 2014/2015 and 2015/2016. It is unfortunate that a report which should have been discussed in 2018 is being discussed in 2023. I have read a very interesting recommendation in one of the reports that states at some point that a Member of Parliament registered an asset of the NG-CDF in particular, a motor vehicle in his name. I am pretty sure if this were to happen this year or in the last financial year, stern measures would have been taken against that individual. I have also read the report in detail and seen the need for continuous capacity building for NG-CDF staff. As you will realise most of them are newly employed and mostly Members of Parliament have a hand in their employment. These people need continuous and thorough training, so that they can be in line with the Public Service Code of Conduct. In terms of uniformity of projects, we need to standardise the kind of projects we have. Different constituencies have different ways of standardising projects. If we have uniformity of projects in the constituencies there will be value for money. The biggest and most critical issue affecting the NG-CDF is the late disbursement of funds. As we speak, in our constituencies some projects are still pending and others are incomplete. Our pupils need to use classrooms, laboratories and dormitories but they are not ready for occupation. This is because the Government has not remitted money and this is the biggest challenge the NG-CDF faces in this country. This House must take stern action against the National Treasury. There is no reason other Government departments are fully funded whereas NG-CDF funds have not been remitted to the constituencies. As we speak, funds for development have not been disbursed to the constituencies and this is an insult to this House and Members of Parliament. That is why we must stamp the authority of this House in terms of parliamentary sovereignty. This is because Parliament is not an arm of the Executive but an arm of Government. We have three arms of Government; the Executive, Legislature and Judiciary. This Parliament is not an arm of the Executive and that is why we must stamp our authority as a House. The reason the funds have not been disbursed is because of the way we act as a House. We need to have a firm resolve so that we can gain the respect we deserve as the National Assembly. If we became an appendage of either arm of Government and ask for funds to be disbursed to our constituencies, we will have lost our independence and ‘sovereignty.’ 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.

Therefore, we will not be respected by the Executive and that is why we must stamp our authority as a House so as to gain their respect. Another issue is, if there is a problem on matters NG-CDF the first person to be blamed is the Member of Parliament. This is very unfortunate. It should be noted that the Member of Parliament does not play any role in terms of the NG-CDF. We have an accounting officer and that is the person who should take the ultimate responsibility. Most often, the Member of Parliament receives audit queries and the public perceives the buck stops there. This is not the correct position because the NG-CDF is managed through the office of the fund manager and the Member of Parliament has no role in terms of management. Therefore, I call upon the Constituency Oversight Committees (COCs) to play their role. The question is; who polices the fund manager and officers serving in the NG-CDF? The COCs must stamp their authority and oversee the NG-CDF Committee so that they can execute their mandate without any fear of intimidation. We call for the continued increase in the allocation of the NG-CDF. There was a slight improvement in the formula used for allocation. You realise the highest constituency in this country receives a paltry allocation of Ksh165 million. If you compare the importance of the NG-CDF to the amount allocated, you will find that there is a big difference. As we have agreed the NG-CDF plays a critical role that trickles down to the people on the ground. Many children have benefited from our bursaries. Not many audit queries have been raised in terms of bursaries because they benefit most children. For that reason, I fully support these reports and recommendations therein. I believe if the recommendations are adopted as they are, we shall have a NG-CDF that…

Hon. Toroitich, it is very refreshing to listen to you. Can you rush because you are running out of time? I am keen to adding you more time, if you still have contributions to make. That point you made on sovereignty of the House and how the audit process should be undertaken is quite relevant and refreshing to me. Do you need more time or you are concluding?

Maybe I can prosecute that matter that I had raised in this House.

I will give you three more minutes.

Hon. Temporary Speaker, thank you for adding me more time to prosecute that matter. This House must stamp its authority. Montesquieu was never wrong when he talked about separation of powers. In this country, and in the entire Commonwealth jurisdiction, there is a reason we have three arms of Government: the Judiciary…

Just a minute, Hon. Toroitich. Hon. Linet Chepkorir, would you approach the Speaker, please.

Hon. Temporary Speaker, I have said Montesquieu was never wrong when he articulated that for a functional democracy, we must have three arms of Government. There is a reason under our Constitution we have the Executive, Judiciary and Parliament. I have said not once, not twice, but severally, that this House is not an appendage of the Executive. This House must stand firm and prosecute its business without being directed by the Executive. The reason I have said that is because one of the critical things that a Member of Parliament must have in order to prosecute his or her duties at the local level is the NG-CDF. It is a shame that seven months since these Members took oath of office, the NG-CDF 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.

development expenditure has not been released to the constituencies yet we are mum as Members of Parliament. We are not saying anything yet this financial year is almost lapsing and no amount of NG-CDF has been released to our constituencies. It is a shame and the reason I have said that is because this House has acted in a manner to suggest that it is an appendage of the Executive. Therefore, when we ask for our funds, we are told to relax. This is unfortunate. We must respect the sovereignty of this House. We must be able to restate the sovereignty of this House so that this House can have the respect it deserves. With those few remarks, I beg to support this very important Report. Thank you.

Thank you, Hon. Toroitich. Hon. Jared Okello.

Thank you very much, Hon. Temporary Speaker. In the course of our recess which just ended, while I was going round Nyando Constituency, I was confronted by very ugly scenes around the Junior Secondary Schools (JSS) education. It is good to note that even though we birthed JSS during the last regime, the approach that has been employed by this regime has not been anything to write home about. Classes were built in secondary schools and this regime chose to have our children continue learning in their primary schools even though they are in JSS. We have a big shortage of classrooms in these schools yet the classes where they should be carrying out their studies are left in secondary schools. This regime ought to have looked at this thing in depth before making that decision to continue having them in their existing primary schools. This creates an imbalance. You have very young children in Standard Seven wearing trousers and blazers amidst other students who are putting on shorts. Those who are in Standard Eight are putting on shorts yet the juniors in Class Seven are putting on trousers and blazers. This kind of imbalance ought not to have taken shape and that is why the drafters of the JSS section so chose to have them go to high school where everybody else is dressed just like them. I noted with great dismay that even though there are 14 compulsory subjects and eight other elective subjects — so a total of 22 — only one teacher is plugged into a JSS. Even if you are a genius for heaven’s sake, you cannot teach 22 subjects. This is something that has to be properly looked into. When this regime chose to have 35,000 additional teachers to primary schools, I had thought that they were going to be sane enough amidst insanity, to have these teachers go to JSS. There is a great shortage in those schools. Besides the fact that there are certain subjects that call for laboratories, there are no laboratories in all these schools. You have children undertaking theory lessons without practicals. This is total disarray of our education system. Amidst all this disorganisation, they are also expected to pay Ksh11,000 dubbed lunch money. It is good to have lunch in school because lunch probably is the only meal that these children can have in a day amidst the poverty that has permeated our systems, but you have children who cannot afford Ksh11,000, and yet they are forced to pay that kind of money. You ask yourself what happened. Just the other year, they were running back home to eat and go back to school in the afternoon. Now, parents are being forced to chuck out Ksh11,000 every year. Our NG-CDF system has not given us regulations to go down deep into Standard Six or Seven. As I was walking around my constituency, I was being confronted by these facts to have these children put under the category of NG-CDF under bursary. I told them we cannot do that because our regulations do not allow us to do so. It is a total mess and I wish at one point in time this House will come to make a decision around JSS. If it is not addressed in good time, I am very afraid that we are losing a generation, academically speaking. If we lose an entire generation, thousands of students, what will happen to them few years to come? My kid in Standard Seven will be asking me, “Dad, you saw this happening and you never raised any alarm.” At least I will be vindicated by this debate, that I The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

tried to bring it to light so that our children can know that. That kind of disorganisation should not be allowed to pass. On this Report, the drafters of the CDF Act 2003, came to the realisation of how other areas were alienated by the successive regimes. But where you have to vote a particular pattern in order to get benefits out of it… Two days ago, and I am glad my colleague here has said this House is not an appendage or a stooge of State House, we listened to His Excellency William Samoei Ruto dictating terms to this House. When we were in school, for those of us who were privileged to undertake civic education, we were told about separation of powers —how Parliament is separate from the Judiciary and the Executive, and that no arm of Government can dictate to the other on how to conduct its business. I was perplexed beyond recognition that William Samoei Ruto could stand up to dictate to this House how to handle the Finance Bill. What happened to the independence of this institution? What happened to the matter of argumentation? You have to argue. A president, so he calls himself, cannot dictate to this House how we conduct our business. If that was to threaten certain Members of this House to vote a particular way, then I am very afraid that they are just starting. You never know how much they would want to push in the next few years. If we are not afraid, do not be shocked to be confronted by a Bill that will be extending the life of a president in this country. It has happened to our neighbouring country. It can happen now. What the Executive is trying to do is to see how much it can push so that it can transact clandestine businesses in this Republic. The drafters of the NG-CDF Act fully recognised that there are issues that need to be addressed in schools, with security, sports, culture and many others. One thing that I really appreciate is how transparent the management of the NG-CDF is. If you have to reallocate the money, you have to seek permission from the Board, unlike with devolution where the decision to reallocate funds is at the disposal of a governor and his or her Executive Committee. The NG-CDF money is directly tagged to projects. How I wish that those who drafted the devolution chapter in the Constitution borrowed from this system. That is how cases of corruption are nipped in the bud. When you move around this country, the only good news comes from the NG-CDF. Whereas billions of shillings are usually allocated to counties, there is nothing to write home about the money. Even when there is no water, healthcare and roads, no one asks the governor. People still come to us as Members of Parliament to answer their questions. The inordinate delay in releasing funds is something that needs to be properly checked. The Government only disbursed a little money towards bursaries. But what happens to all the projects that were hitherto earmarked for funding such as upgrading or building classrooms or conducting sporting events? The money some constituencies got was not even enough for bursaries yet we are coming to the end of this financial year. This House is quiet on this yet it is the same one that passes the Budget for all other departments in the Government. We have not noted any inordinate delay in releasing funds to the Executive arm of government. Just the other day we saw the Chief Justice riding in a state-of-the-art vehicle, meaning that the Judiciary has got money. However, when it comes to Members of Parliament, we have to beg. The Judiciary and the Executive receive their full budget allocations. All that money comes from appropriation by this House. When it comes to our matters, we are told that the National Treasury has not released the Exchequer. Further, we are told that the Speaker and the Clerk will be meeting with the Cabinet Secretary for the National Treasury and Economic Planning to talk about our allocations. We have to beg, literally kneeling to an Executive that has no due respect for Members of this House and what it ought to be doing. These are matters that we must confront and be very much alive to. We are not going to allow the Judiciary to buy state-of-the-art vehicles and showcase them in public functions while disregarding the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

participatory role that we play in the welfare of this country. This House has teeth that it has refused to put into use. Today, we tabled reports on the Appropriations Bill and the Finance Bill. The Executive expects that we will shepherd the entire process of considering the Bills without any hitches yet there is no NG-CDF money. How I wish that we can stand our ground the way we did in Mombasa and say ‘no budget, no NG-CDF and no NG-CDF, no budget and no Finance Bill’. I will oppose that Finance Bill with all my might. Let us come to the realisation that this House has what it takes to do what is necessary so that we champion the interests of the people that we represent. With those many remarks, I thank you, Hon. Temporary Speaker.

Thank you, Hon. Jared Okello. Hon. (Dr.) Eve Obara, Member for Kabondo Kasipul.

Thank you very much, Hon. Temporary Speaker. I support the Report. I support the sentiments of my colleagues on the important role that the NG-CDF has played in our communities. As has been mentioned by almost all the Members who have spoken this afternoon, there is no ward in the 290 constituencies in this country where you will not see an NG-CDF project. The manner in which the Fund is managed is clearly structured and well understood. I appreciate the Members who came ahead of us and put this Fund in place for equity. Today, each region can plan and develop itself in line with its greatest priority needs. If you want to talk about equity and fairness in the distribution of resources in this country, then look at the NG-CDF. I am surprised that any government would delay the release of NG-CDF funds. If the funds were released and activities going on in constituencies, there would be less noise about sufferings of the citizens of this country. Bursaries have been given out, but the money was not sufficient. If it was enough, the burden on parents would have been lessened. I hope our leadership can see this and release this money before the end of this financial year. We had started projects and committed to complete them within the year. As it is, the projects are going to roll over to the next financial year and affect all our plans. I call upon the leadership of this House to see the Cabinet Secretary and impress upon him on the need for this money to be released. There is marked improvement on the operations of the NG-CDF. At the same time, we have also seen that there are certain gaps in the manner in which the Fund is being managed in certain areas. I put the blame squarely at the doorstep of rogue FAMs that have been posted to some constituencies. Further, I call upon the NG-CDF Board to rein in on these officers and remove them from the field and discipline or dismiss them. As one of the affected constituencies, we have reported this matter to the Board. Action has been taken in my constituency, but I believe that this is still a problem in other areas. Even as we churn out these reports, the CEOs for the Boards should take note and weed out these corrupt officers from our midst in the constituencies. Different countries have come to Kenya to benchmark on this model. That speaks volumes about what is going out there about our NG-CDF model. When you see other people talk about it out there, they have much pride in knowing that an African country has managed to decentralise and manage funds for equity. I am still baffled and surprised that the National Treasury is still holding this money. Once again, I appeal and call upon the Government to release the money even as we are going through a very difficult time concerning the Finance Bill 2023. If some of these things are done, then we would have a little consideration on certain aspects of the Bill. As we speak now, my constituents have told me that they do not support the Bill in the manner it has been presented. I, therefore, agree with their sentiments and say no. Thank you very much. I support the Report. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Thank you very much, Hon. (Dr.) Eve Obara. When the Speaker recognised you, some people thought you would speak about the NGAAF. They do not understand that in Homa Bay, women leaders of your calibre are elected to lead constituencies. Thank you for your significant contribution. Hon. Andrew Okuome Adipo, the Member for Karachuonyo, do you want to contribute to this?

Thank you, Hon. Temporary Speaker, for giving me the opportunity to contribute to this Motion. The NG-CDF is at the heart of Kenyans. The NG-CDF is the best-known of all the funds we know of. Not just because it is called the “National Government Constituencies Development Fund” but because of what it does. Everything that the NG-CDF does is at the heart of every Kenyan. If we talk about schools, the NG-CDF is leading. It graciously helps the present and the future of Kenyans. I wish the Government could reason with us on this because we are helping it and Kenyans. If you were to report what the NG-CDF has done, then you would realise that this is a fund that the Government should emphasise on in development. I agree that we have had some mistakes before. I do not know if they are professional or whether they are the predominant mistakes in the Kenyan Government service— the usual “corruption” that we know of. One may point out corruption in some of the mistakes, and if that is the case, then appropriate action should be taken. However, we should not just blind ourselves without considering that in the whole Government system— be it national Government or county Governments— corruption trickles down from the top coming down. Therefore, this issue cannot be treated by pointing out particulars. I wish the Government could overhaul its idea of the managerial system being used so that a method to get us out of this corruption menace can be found. This should be right from the national Government to the lowest level possible. A similar overhaul should be done at the county level. We can say we have done some work when we get positive results. However, isolating the NG-CDF and not considering others… Punishing those in the NG-CDF alone without doing so to any other arm of Government is discriminatory and wrong. Allow me to retrace my first point on the work and contributions of the NG-CDF to this country. We can now boast of schools and classrooms built through the NG-CDF. Many schools have been built as a result of the NG-CDF. Last year, the Government built some classrooms to accommodate JSS students; however, referring to my constituency, the quality of work compared to the NG-CDF programme is miles apart. They did utterly lesser work compared to what we did with the NG-CDF. Therefore, I can firmly say that I did much more with the same amount of the NG-CDF than the Government did with the amount used during the Late Prof. Magoha’s tenure. If the Government has projects like these in future and wants to get the results, I urge it to use the NG-CDF. It will achieve their objectives. I know many things need to be done, like in the JSS. Many schools do not have laboratories and classrooms for JSS students. They are still lacking in several ways. If the national Government wants these to be built, it should use the NG-CDF. It should give more money to NG-CDF, and it will see what NG-CDF can do. Our mandate on the NG-CDF covers security and education. On security, we have built several offices for the former provincial administrations, which is a noble thing. My colleagues and I are very disappointed Members of Parliament because the financial year is coming to an end and yet the Government is adamant. We make noise but nobody listens. They do not want to give us the remaining amount of the money. I am almost certain because I heard the Leader of Majority Party say that we are going to get an answer to the question that was asked by one of us. I know they will probably say we will get the money at a time they will specify but we are now used to that. The promises are always made, but the actions do not follow. We are immune to what they say because nothing is done. 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.

Members of Parliament should come out in one strong voice and say that we cannot go on with any Bill until this money is disbursed. The money helps our people. If we do not get it, the position of a Member of Parliament is in limbo, and is under threat because we cannot be sure that wananchi will feel we have done any work for them. The work we do for the people directly is what we do with the NG-CDF. It is important the money is given to us so that we can be productive in line with the promises we made to those who elected us. Thank you, Hon. Temporary Speaker, for giving me the opportunity. I support.

Thank you Hon. Andrew Okuome. Is Hon. Gertrude Mbeyu in the House? She has a request. She must have stepped out. There being no further interest or request to speak to the Motion, I now call upon the Mover to reply.

Thank you, Mr. Temporary Speaker. This is a fundamental debate that directly involves us as Members of Parliament. I am delighted because Members have ventilated and put on record some of the sentiments which I do not doubt enrich the debate. The discussion we have had in this House will help guide those involved with NG-CDF to: 1. Properly utilise the Fund’s budget. 2. Ensure transparency in the management of the NG-CDF. 3. Improve on how audits are conducted. 4. Standardisation of the National Government Constituencies Development Fund construction projects. 5. Improve the capacity of staff at the Constituency Development Offices. I thank Members for unanimously supporting the Report.

Thank you very much.

On a point of order, Hon. Temporary Speaker.

Is Hon. Andrew Okuome on a point of order? Proceed.

Hon. Temporary Speaker, in reference to Standing Order 53(3) I wish to request that the Question on this Motion be deferred.

Hon. Andrew Okuome, in line with Standing Order 53(3) of the House, I will defer the putting of the Question on the Motion to the next time it is scheduled in the Order Paper by the House Business Committee.

Next Order.

Mover. Who should be the Mover of this Motion? The Chairperson of the Departmental Committee on Environment, Forestry and Mining is not in the House. Hon. Dorothy Ikiara what is the matter? Why is the Mover not in the House? We cannot have business of Committees scheduled and duly notified on the Order Paper, but have Movers grounding business of the House.

On a point of order, Hon. Temporary Speaker.

Hon. Dorothy Ikiara what is the issue? I see you are on a point of 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. Temporary Speaker, I stand to be guided. There is no quorum in the House.

Ring the Quorum Bell for the time provided for in the Standing Order.

Order, Hon. Members. The time being 6.06 p.m., this House stands adjourned until Wednesday, 7th June 2023 at 2.30 p.m.

The House rose at 6.06 p.m.

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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.