We have quorum to transact business. This is very encouraging so far. Clerk-at-the Table.
Leader of the Majority Party.
Hon. Speaker, I beg to lay the following Papers on the Table: 1. Approvals granted under Article 223 of the Constitution from the Contingencies Fund in the Financial Year 2023/2024 from the National Treasury; 2. Reports of the Auditor-General and Financial Statements for the year ended 30th June 2023, and the certificates therein in respect of: (a) Witness Protection Agency Staff Housing Mortgage Scheme Fund; (b) Office of the Registrar of Political Parties Staff Mortgage and Car Loan Scheme; (c) State Officers and Public Officers Motor Car Loan Scheme Fund; (d) Judiciary Mortgage Scheme; (e) The Judiciary; (f) Business Registration Service; (g) State Law Office and Department of Justice; (h) Office of the Registrar of Political Parties; (i) Teachers Service Commission; (j) State Department for Environment and Climate Change; (k) Development Receiver of Revenue Statements; (l) Revenue Statements of the Business Registration Service; and, (m) Office of the Prime Cabinet Secretary. Thank you, Hon. Speaker.
Chairperson of the Decentralised Funds Accounts Committee. Hon. Mulyungi, is that you? Go ahead.
Are you ready? Go ahead.
Thank you, Hon. Speaker. I beg to lay the following Paper on the Table: Second Report of the Decentralized Funds Accounts Committee on its consideration of the financial statements for the National Government Constituency Development Fund (NG-CDF) for five constituencies in Vihiga County for financial years 2013/2014, 2014/2015 and 2015/2016. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor
Thank you, Hon. Speaker
Thank you. Next Order.
Hon. Mulyungi
Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Decentralized Funds Accounts Committee on its consideration of the financial statements for the NG-CDF for five constituencies in Vihiga County for financial years 2013/2014, 2014/2015 and 2015/2016, laid on the Table of the House on Tuesday, 13th February 2024. Thank you, Hon. Speaker.
Thank you. Chairperson of the Public Accounts Committee.
Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Public Accounts Committee on its examination of the Report of the Auditor-General on the Financial Statements for the National Government Ministries, Departments and Agencies for the Financial Year 2020/2021, laid on the Table of the House on Thursday, 30th November 2023. Thank you, Hon. Speaker.
Thank you. Next Order.
We do not have Questions. On Statements, we have Hon. Musa Sirma. is Hon. Otiende Amollo here?
Hon. Speaker, I wish to issue the following Statement with the objective of updating you…
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Just hold on. Hon. Wandayi, this is in response to a Statement raised by Senior Counsel, Hon. Otiende Amollo. I would want to believe that you will hold his brief. Will you?
You do not answer the Speaker by saying, ‘yeah’. You just say, ‘Yes, Hon. Speaker’.
It is just decorum. You say, ‘Yes, Hon. Speaker or Madam Speaker’.
Pardon? Is that how you have been interacting with the public? Go on, Hon. Musa.
Hon. Speaker, I wish to issue the following Statement with the objective of updating you on the status of the various issues concerning Members with regards to the NG-CDF Fund. The NG-CDF Fund was allocated a total of Ksh53,531,500,000 in the original Budget of Financial Year 2023/2024. A further Ksh4.4 billion was allocated to the Fund under Supplementary Estimate 1, whereby Ksh3.4 million was distributed to 290 constituencies as a conditional grant towards construction of classrooms and integrated learning centers with junior secondary schools, while Ksh1 billion was additional allocation to the 17 constituencies in Nairobi County for school infrastructure development. A total budget allocation for 2023/2024 Financial Year is, therefore, Ksh57, 931,500,000. On the status of disbursement of funds from the National Treasury to the Board, the National Treasury, vide letter reference AG13/51/Volume 479 dated 9th January 2024 to the Speaker of the National Assembly committed to schedule monthly disbursement of Ksh10 billion, effective January 2024. This is to ensure that the full allocation is disbursed by the end of the Financial Year; that is June. Following the undertaking, Ksh10 billion was disbursed to the Board in the month of January 2024, and has so far been disbursed to the constituencies. Further, the National Treasury vide letter reference AG13/51/Volume 481 dated 13th February, that is yesterday, has confirmed that plans are underway to release Ksh10 billion by the end of February.
That is the letter of February. On the status of preparation and submission of project proposals for 2023/2024 Financial Year, the Board, in a circular to the Fund account managers, reference NG- CDFB/CEO/NG-CDF circulars Volume 234 dated 29th August 2023 required constituencies to submit project proposals by 30th November 2023. By Wednesday 14th February, that is today, 289 constituencies had submitted their project proposals to the NG-CDF Board. Only one constituency has not submitted. On disbursement to the constituencies, pursuant to Section 51 of NG-CDF Act, each and every disbursement from the Fund shall be approved and recorded in the Minutes of the Board. In this regard, I have noted the challenges faced by the various constituencies in financing urgent administrative and bursary requirement. The Board resolved to disburse, at least, Ksh30 million per constituency that had submitted their project proposal to cater for 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
education bursary, emergencies, administrative and recurrent expenditure. We have attached an annex of the disbursement. Thank you, Hon. Speaker.
Order, Hon. Jared Okello. You do not have to stand before you are given an opportunity. We transact electronically. Just press the intervention button and I will give you a chance. Hon. Elachi.
Thank you, Hon. Speaker. While I appreciate what the Chairman is saying, I wish to understand what happened to the Ksh1 billion that was given to Nairobi County. We finalized everything as Members of Parliament last year. We have been waiting. As I speak, I have five schools that I have had to construct makeshifts classes for students to learn. Some are even wondering what we will do with the dorms. We have State House Girls that is really struggling. We also have St. George's. We had to rethink and quickly did a multi-purpose hall to ensure that we can put in the students. I would wish to know when the Ksh1 billion will be released to the Nairobi County so that we can build the classrooms and take in all the students that we have admitted.
Hon. Robert Pukose.
Thank you, Hon. Speaker. As much as I appreciate what the Chair has read, it, unfortunately, ended prematurely. I was still waiting for him to make some clarification. We have also learnt that not all Members got an equal share of the NG-CDF money. Some constituencies have been given Ksh30 million while others got Ksh60 million. What was the criterion? We are all equal Members in this House. We all represent equal constituencies and, therefore, there is no reason why one constituency should receive Ksh60 million while I am getting Ksh30 million. It is quite unfair. This calls for the House to rise to the occasion. Thank you, Hon. Speaker.
Hon. Musa Sirma, I hope you are recording what Members are saying. You will have a response. Hon. Opiyo Wandayi.
Hon. Speaker, first and foremost, the Statement that has been issued by the Chairman of the Committee dealing with NG-CDF, my good friend, Hon. Musa Sirma, is thoroughly underwhelming. At the very least, if we were to take the Chair seriously, we expected him to tell us that this amount of money has since been disbursed to the constituencies NG-CDF accounts, over and above the Ksh10 billion that we received in January. These commitments have been made before, but they have been flouted. It was just on 6th or 7th December when were told that by December, we shall have received money in our accounts. It never happened. Hon. Sirma is coming here today, the 14th of February, still talking about the Ksh10 billion that was released way back in January and yet, they are only remaining with about four-and-a-half months to the end of the financial year. You know that the NG-CDF is not just about bursaries. It is about projects which have been planned for; and projects which have been earmarked to help the people down there. This House must put its foot down. I know that the issue of the exchequer release is affecting many sectors, including roads. Right now, I know we are anticipating the second Supplementary Budget and yet, there are projects which were planned for in the main Budget, way back in June last year that are yet to be implemented. We rushed into the first Supplementary Budget and now we are going to the second one and yet, projects which were planned way back as far as June last year are yet to be implemented as a result of failure of the exchequer release. If there is a problem, we need to be told what it is. As far as the Government is concerned, it continues to collect 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
money every second, minute and day from Kenyans, us included. If there is a problem, we need to know what it is. What is not happening? On this issue of NG-CDF and National Government Affirmative Action Fund (NGAAF), I am afraid that this House would have to put its foot down. It is something that we want to avoid but we cannot. If only, it is to jolt those who are responsible to do what they are supposed to do because it appears that unless they are jolted, they cannot do anything. The only language that those people seem to understand is positive action which must begin now if only to send a message. Hon. Speaker, as I conclude, we need a more categorical statement; not those kinds of things. I am sorry to say that those ones remain empty promises and we cannot go by promises any more. They even made our Speaker look so bad in the eyes of the public
How dare you make our own Speaker look bad in the eyes of the public by continuously lying! Lying! Lying!
This tradition of lies is now taking a new turn.
Order, Hon. Wandayi. Please use parliamentary language.
Okay. I withdraw the term ‘lie’ and substitute it with ‘untruth’ ‘untruth’ ‘untruth’ or ‘mislead.’ I substitute the word ‘untruth’ for ‘lie’ or ‘mislead’. Shamelessly misleading! I am guided. Hon. Speaker, as I conclude, please guide us. If for instance we were to go at the pace in which we are moving, Hon. Sirma, how sure are you that Ksh47 billion plus that is outstanding is going to be disbursed by the end of this financial year? There is no guarantee and, therefore, we need to move on a pro-rata basis. Today is the seventh month of the financial year and therefore, we need at least half…
We need at the very least, 60 per cent of the total monies due, which is over Ksh35 billion. So, unless that is done, I am sorry these Members have told me they are unwilling to proceed with any other business. I am very sorry. I am just conveying the message. I am just a messenger. Thank you.
Thank you. You have made your point. Hon. Osoro, your time for three minutes. Give Hon. Osoro the microphone.
Thank you very much, Hon. Speaker. On this issue of NG-CDF disbursement, there is usually no Minority or Majority Party. It is something that we all agree on collectively.
While I share the sentiments that have been given by Hon. Opiyo Wandayi, the Leader of the Minority Party, I am also looking at the history and how we have also been operating in this House. A time like this last year in January, the NG-CDF disbursement to 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
constituencies was about Ksh14 million to be exact. I tend to think in as much as there is a bit of delay by the National Treasury to release the Exchequer to the NG-CDF Board, there has been an improvement. At least, this time, …
Can I be heard in silence, Hon Speaker?
Order!
Let us be practical.
Order, Hon. Members! Those are his views. You will also be heard.
A time like this last year, the highest constituency had received Ksh14 million. This year, the lowest is Ksh30 million. Those are facts; we have the records. If we go by that scale, then I would not be wrong to say that by the time we close this financial year, just like it happened last year, every constituency would have received the entire amount in their accounts. Last year, we were at 14 per cent but as of May, we were at 100 per cent. We are now at about Ksh30 million, the least. I believe we would be at 100 per cent, by May, latest. It is important for us to be factual.
Hon. Speaker, we are actually in a financial crisis. It is true we are in debts and are facing a lot of things. These are pronouncements that have been made by the Head of State. In fact, many of the challenges that we are facing currently were caused by the same people who are shouting at me here today, and their masters.
Shame!
No, it is the truth, Hon. Speaker. Even as we complain, we need to appreciate the fact that the National Treasury has tried. At least, we were able to pay to enable the Form Ones to go to school. We were able to sort some challenges that we had and we would be able to finish this. I submit, Hon Speaker.
Thank you.
Thank you. Hon. John Mbadi.
Thank you, Hon Speaker. These are the statistics.
You have three minutes.
We are in the eighth month, and this is 60 per cent of the financial year. You have only disbursed 17.5 per cent and that is very bad for budget performance. I want to take it from there. Secondly, for the 15 years that I was a Member of Parliament for Gwassi then, Suba South, there is no single time that we ever crossed December with less than 50 per cent. You can go back to the records.
I was not a Member of Parliament for Suba South last year. I am talking about my time as a Member of Parliament for Gwassi Constituency, which is now Suba Constituency. So, when we are talking about money being disbursed, let us look at it in a wider scale. This is 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
affecting the economic growth of the country because, if you do not give money to the grassroots for development, you are slowing the general economic growth of the country. If you give money towards the end of the financial year, it has implications on budget absorption.
Finally, I want to challenge the Committee and with all due respect to my senior colleague and friend, Hon. Musa Sirma, your committee is the worst in performance ever since I came to this Parliament.
Please, do not take this matter lightly. It is your duty and not of the Speaker. It is the duty of the Committee. That is why we formed that Committee for it to be in place and to ensure that monies are disbursed together with the Majority Party leadership. However, you will find them defending the Executive when it has not released money and yet, other Ministries and State Departments are receiving allocations. I am aware of that. This matter should not be treated casually. We need money to go to the grassroots for the development of our country.
The country must move forward and that can only happen if we get serious with this work. Let us not look at NG-CDF as if it is money for Members of Parliament. It is not. This money belongs to the communities across the country and so, it should go there. I am a Nominated Member of Parliament, but I know that I need money in Suba South so that schools are developed. I need money there so that students get bursaries and not come to my home every morning – parents are coming to my home because they cannot get money. Please, the Chairperson should come out clearly and explain to this House what steps he is going to take to ensure that, in the shortest time possible, all the disbursements are made to NG-CDF accounts and not the same stories which we started hearing a year ago up to today.
Member for Gilgil.
Thank you, Hon. Speaker. Today is Valentine’s Day, and there would be many empty promises from some quarters, and we are praying that Parliament is not one of them.
It is very disheartening for this Parliament to defend an already bad performance of last year to mean it is good. We have suffered and right now, we have children in Junior Secondary Schools (JSSs). Even the money that is supposed to come through the Ministry of Education has not come. We have children aged 11 to 12 years being sent home because there is no infrastructure and no lockers in those schools. It is quite an unfortunate situation. Recently, we saw the National Treasury announce proudly that they have released 100 per cent of all the monies for County Governments which is about almost Ksh400 billion. The money that is going to NG-CDF is Ksh44 billion, which is 10 per cent. And for the money that goes to the counties, one is not able to tell what it does or where that money goes to. The money that is felt in the grassroots, constituencies and in the country, is NG-CDF. I actually think the Cabinet Secretary, National Treasury and Economic Planning owes you an apology because they have put you in a very funny position to speak on an issue that is not yours but that of the Committee. You had to make a promissory note to this House, and they have not honoured it. What we have heard today is an extended promissory note. It is time we put our foot down. This money is not for Members of Parliament, but for our constituencies and the whole country. It is the only equaliser in development that we can 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
be able to see. There is need for improvement for the Chairperson and the Decentralised Funds Accounts Committee in terms of performance. This pace and speed are not acceptable. It is not working as we are turning children into victims, and be collateral damage in this mess. I submit. Thank you, Hon. Speaker.
Hon. Makali Mulu.
Thank you very much, Hon. Speaker. I have been in this House for the last 12 years. I have served in two Parliaments, and this is the third one. I want to remind my colleagues who are Chairpersons and those in the House Leadership, that we have seen committee chairpersons in the past, and we have been able to assess their performance, including the Chairperson of the Decentralised Funds Accounts Committee. We have seen about three in the past before the current one. What I am seeing is that Members of this House, who have been given the responsibility to lead committees and represent fellow colleagues, the Members, behave as if they have become Cabinet Secretaries of the current Government. This is so that every time you go to Television and while in the House, the way they address us as their colleagues is as if they are seating here as the Cabinet Secretary for Treasury and National Planning. I agree with what Hon. Mbadi has said. If you have no development activities either in the rural areas or the cities, you will never grow your economy. The economy grows because of the development budget. When you look at what is happening, it is as if this NG-CDF money goes to our pockets as Members of Parliament, which is far from the truth. It goes towards development. I want to urge colleagues who are in leadership to please separate the Executive from Parliament on matters to do with financing. The budget for Parliament is less than 2 per cent of the country’s total budget. It is about 1.02 per cent only. As you tell us to keep on waiting, Government’s ministries are continuing with their business. Do you mean you do not want Members of Parliament to support their local economies? I agree with Hon. Wangari when she says this is the money which goes to the people. Governors have their money. You can see what is happening on the ground because we come from different counties. So, please colleagues, behave as if we are Members of Parliament and protect the independence of Parliament when it comes to matters to do with its functions. I submit. Hon. Speaker.
Hon. Makilap. Give him a working microphone.
It is working. Hon. Speaker, I am shocked to the bone marrow by the information that has been given by my neighbour Hon. Sirma. He read a Statement and then terminated it instantly.
He is a neighbour here and a neighbour at home too, Hon. Chepkong’a. Hon. Speaker, truthfully speaking, this is my first time as a Member of Parliament. There is a big contradiction between being a Member of Parliament and being in the Executive. If you read the motto of the National Assembly it says, “For the Welfare of Society and the Just Government of the People.” We are the people who represent the interests of the very poor, the have-nots, and the hustlers at home. This is the only fund that equalises Kenyans. It does not deserve to be segregated into regions of who voted for the Government and who did not. It serves all the people of Kenya. Going forward, before this House appropriates any funds to any Ministry, the first charge shall become NG-CDF so that we can sort out the problems of this country. I come from a constituency that is suffering from banditry. Children are on my shoulders. I got the first Ksh30 million which I disbursed. Now, there is no more money. It is a serious matter that 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
Cabinet Secretary, Mr Njuguna Ndung'u, and his Treasury mandarins, together with my Chairman here, should make a priority for the nation and release the money this week so that we can send children to school. We are eight months into the financial year and yet, we still have promises. I want to tell the leadership of this House that last year was an extraordinary year. There were issues of court cases that made NG-CDF money come late. We cannot compare an extraordinary year and a normal year where we passed the Appropriation Bill in good time. Why did other Ministries receive their Exchequer and yet the NG-CDF money has not been disbursed? We must rise to the occasion and call all Members of this House regardless… The children of Kenya do not belong to Azimio la Umoja-One Kenya or Kenya Kwanza affiliations. They belong to the nation. They are the future of this country. If we interfere with their future, we shall also interfere with this Parliament and the nation. We must, as Members of Parliament, rise and defend the people of Kenya. Thank you, Hon. Speaker.
Hon. Nabii Nabwera.
Thank you, Hon. Speaker. I rise to add my voice on this issue. I do not know how I want to describe that message from the Executive. To the best of my knowledge, the Chair of the Committee on NG-CDF is embarrassing and it is unacceptable. You are putting all our jobs on the line. Wewe!
You are putting our jobs on the line and, my friend, you may not survive it yourself. The most disheartening thing about this lack of disbursement is that schools in Kenya received only 20 per cent of their capitation, instead of 50 per cent. In a week or two, schools will not be operating and they will send children home. What will we do with those children? Why are we trying to kill a generation? I stand here to confirm that the Head of this country came to my constituency and said that the economy had improved. If the economy has improved, where is the NG-CDF money? The economy has improved according to the Head of State. I find it unacceptable that the Cabinet Secretary for the National Treasury and Economic Planning misled the Speaker of this House by making a promise that the money would be disbursed in two months’ time. Until now, no money has been disbursed. The best thing to do now is this House to tell the Committee on NG-CDF to camp at the Office of the Cabinet Secretary for the National Treasury and Economic Planning. They should leave this House waende wadai pesa . Secondly, there should be no business until NG- CDF is disbursed. Thank you, Hon. Speaker
Hon. Owen Baya. Hon. Musa Sirma, I will give an opportunity to two Members from each side and then you will respond.
Thank you very much. As my brother Hon. Musa Sirma has said, it is very difficult at this particular moment to defend the Government. The NG-CDF cuts across both Azimio and Kenya Kwanza. It is also important, as my brother Dr. Makali Mulu has said, for the economy to grow, which it can only do through development. In 2023, as you may remember, when we went to Mombasa, we had issues. We only had between Ksh10 million and Ksh14 million in our accounts, as the Whip of the Majority Party has stated. As has been said, the economy has grown. This is because right now we have more money than at that particular time. If you look at the statistics that we have, we are supposed to have Ksh50 billion for NG-CDF. As we speak, about Ksh9 billion has been disbursed. The National Treasury, in their communication yesterday, said they will disburse 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
Ksh10 billion a month. They disbursed Ksh10 billion in January. We are waiting for the disbursement of Ksh10 billion for February. If they disburse Ksh10 billion per month according to their letter, by the time we get to June, they will have disbursed all the Ksh50 billion and every constituency will have its money. Those are correct facts. The National Treasury may not be able to disburse all the money, but the letter that has come to Parliament today is a commitment that the Ksh50 billion will be disbursed within the period it is required to have been disbursed. Hon. Speaker, we know how expenditure is done in constituencies. If Hon. Opiyo Wandayi is given all his Ksh157 million today, will he spend all of it today? It is not possible. Absorption is gradual. This money must be disbursed on a formula. We all know that Ksh10 billion every month can be managed. But if Hon. Jared Okello is given all….
Add him a minute.
If all the money, Ksh100 million plus, is given to him today, what will he do with it? It has to be disbursed in phases so that it is useful to the constituencies.
Order.
We must be realistic when we demand for NG-CDF money to be disbursed. We must be realistic about the demands that we make. NG- CDF must be paid within the financial year and it will be paid. I rest my case. Thank you very much, Hon. Speaker.
Hon. Atandi. Order, Hon. Members.
Thank you very much, Hon. Speaker. This matter is very serious. I am ashamed as a Member of Parliament when Hon. Owen Baya rises on the Floor to defend the Cabinet Secretary for the National Treasury and Economic Planning, who has already lied and misled this House through a communication he made to you. It is shameful. Hon. Owen Baya is the reason this House is disrespected by everybody. This Parliament has no respect because of Members like you. How can you stand here to defend the Cabinet Secretary for the National Treasury and Economic Planning who has misled this House and disparaged the image of the Speaker?
Order, Hon. Atandi. Address your colleagues with decorum. Hon. Owen Baya is not on the Floor for discussion. Talk about NG-CDF.
As I conclude, in addition to NG-CDF, the national Government and the Executive have refused to disburse the money for development expenditure which was passed in this House. There is no development going on in this country and yet, everyday members of the Executive are all over the country driving fuel guzzlers. The President is everywhere all over the country launching non-existent projects despite having passed a budget in this House. No development is happening across the country. It is a shame that we have such a Government running this country. This country should be shut down because the President is launching non-existent development projects all over. This is shameful.
On a point of order, Hon. Speaker.
Order, Hon. Atandi. There is a point of order from a colleague here. What is your point of order, Hon. Pukose?
Hon. Speaker, I rise under the Standing Order that is pertaining to relevance. The matters about NG-CDF affect both sides of the House and every Member of Parliament. It is wrong for Hon. Atandi to discuss the President, who is not in this House, when it comes to matters of NG-CDF. Let us stick to NG-CDF issues. We 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
should discuss how we want the money to be disbursed within our constituencies and, more so, with respect to the Statement that was read by the Chair of the Committee on NG-CDF. With all due respect Hon. Atandi, let us leave the President out of this matter.
Indeed, Hon. Atandi, if you listened to the Statement from Hon. Musa Sirma, there was no mention of the President anywhere. Talk about NG-CDF, how it affects your constituency, and how it should be disbursed. That is the issue on the Floor.
Thank you, Hon. Speaker. What I was trying to say is that there is no development that is going on across the country - the NG-CDF projects included. We have four months to the end of the financial year, but all the projects that we passed here are not happening. If you walk across the country, nothing is going on. Staff in Ministries are just lazing around. We have to get serious if we want this country to grow. It cannot grow by just talking. The Government side should stop talking and go to work. You took over power because you wanted to serve the country. That is the message I am trying to pass across. You cannot shout here defending the Government when nothing is going on.
Member for Kisii. Today you have changed your sitting position.
Thank you very much, Hon. Speaker. Being a first-timer, I feel the word “lie” should apply in this Parliament for the first time.
It will not!
Okay, I withdraw. However, the reason is that on 3rd May 2023, the Cabinet Secretary for Education, Mr Machogu, was here talking to County Woman Representatives about the sanitary pads issue. On 3rd October 2023, we were told we would be given a response on when the money would be disbursed. The allocation for sanitary pads, which is very paramount to our girls, is less than Ksh1 billion. We are talking of less than Ksh1 billion! This is the second month our girls are in school without the allocation. It is like they are not having their periods and that is why we cannot receive those essential things. A period is a cycle that occurs every month or more depending on factors like weather changes. When one eats well, the cycle can occur three times a month except during pregnancy, which we do not encourage our young girls to get at this particular time. We have not been given any answers and yet, we are told that Parliament is a hallowed House. What are we? Today is Valentine’s Day. Where are the women in this House? Most of us are wearing black because of femicide. I do not see why we are substituting to conform to parliamentary language. It is what it looks like.
On a point of order.
Order, Hon. Donya. There is a point of order. Have you finished?
No, she has not.
Order, Hon. Chepkong’a. There is no disorder. She has finished.
She just confirmed that she has not.
She has yielded the Floor.
I heard her. You are very far from her.
Go ahead.
Hon. Speaker, I respect Hon. Donya. Decorum requires that you consider the sensitivity of the matter that you are contributing to. Secondly, we all belong to different communities that are congregated in this Assembly. Some things are not said among elders.
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Hon. Speaker, children are watching and boys at infant age are not told such kinds of things in my culture. Hon. Zamzam, I am talking about my culture and not yours. Your culture is different from mine.
For the Hon. Member who is shouting, your culture allows you to say such things, but mine does not. As you can see, Hon. Deputy Speaker is also on a point of order to support me.
You have made your point.
Hon. Speaker, I want to ask Hon Chepkong’a, who is my Member of Parliament, to apologise to the women and the girls of this country. There is nothing shameful. There is nothing to hide about having periods. Hon. Chepkong’a has a wife who has periods, got pregnant by him, and gave birth. Please, there is nothing shameful.
Order, Hon. Deputy Speaker. Order! Hon. Nguna, you are rapidly distinguishing yourself as a major heckler in this House and it is not a good reputation.
Order, Hon. Members. I thought we were discussing very serious business, but you are now degenerating into trivia that is not helpful. Woman Representative for Kilifi County.
Ahsante, Mhe. Spika. Nataka kuzungumzia pesa za National Government Affirmative Action Fund (NGAAF) ambazo ni za Wawakilishi wa Wanawake Bungeni. Wabunge wanazungumza kuhusu pesa za NG-CDF pekee yake. Kama Wawakilishi wa Wanawake katika Bunge hili, tuko katika dau hilo. Hatujapata pesa hizi. Mimi Mbeyu, nikiwa Mbunge kwa mara ya pili sasa katika Bunge hili, najua tunayafanya mengi zaidi kushinda wabunge wanaowakilisha eneo moja. Kama ni kulipa
ama full scholarship, nafanya kule Kilifi. Kufikia saa hii, sijapata pesa zangu za mradi wa NGAAF yaani robo ya kwanza na robo ya pili, wala pesa za bursary . Niliwaahidi watoto walioko ofisini mwangu kuwa nitawalipia bursary na kuwapa full scholarship kufikia wiki jana kabla Bunge halijafunguliwa. Pesa hazijaingia katika account yangu. Wawakilishi wa Wanawake hapa hawana pesa. Ni nini Serikali yetu yatakia kizazi chetu cha watoto wanaoenda shule? Twasema elimu kwanza. Pale Kilifi, najulikana kama ‘Mama lao’, ‘Mama G’, na ‘Elimu Kwanza ndani ya Kilifi’. Sijaweza kutimiza ndoto yangu ya kuwalipia hawa watoto karo ya shule. Ninaonekana mwongo. Tulizungumza kuhusu sodo Waziri Machogu akiwa hapa. Mpaka leo, hatujaona shilingi milioni 470, ambazo ni shilingi milioni 10 kwa kila jimbo. Umeelezewa mambo ya hedhi na wasichana. Wengine wanapata mara tatu, mara nne ama tano kwa wale wanaokula vizuri kwao. Siyo aibu. Nataka kumwambia Mheshimiwa aliyesema ni aibu kuwa hakuna aibu ya hedhi iwe ni kwa baba ama mama. Walio hapa ni wazazi wa watoto wa kike. Aibu ya hedhi inatokea wapi? Wao ni mabwana walio na mabibi wanaopata hedhi. Aibu ya kuzungumzia mambo ya hedhi ndani ya Bunge yatoka wapi? Mhe Spika, tunataka pesa hizi ziweze kutolewa na watoto wetu waweze kuenda shule ili tutimize ndoto yetu ya mpito wa asilimia 100. 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
Ahsante, Mhe. Spika.
Hon. Musa Sirma. Order, Hon. Members. Listen to your Chairman.
Hon. Speaker, I thank all the Hon. Members who have raised their concerns about NG-CDF. First, I would like to reply to the issue of Ksh1 billion allocated to Nairobi. The issue was raised by Hon. Elachi. Part of that amount of money which has been brought to NG-CDF, has never been given special priority. It is part of the large amount of money that was given to NG-CDF. Our only option is to discuss with the Board to prioritise the Ksh1 billion allocated to Nairobi by separating it from the normal disbursement. Secondly, our Leader of the Minority Party…
Order, Hon. Sirma. All the concerns are generic. Do not answer each Hon. Member in person. Just make a response to the issues raised.
Okay. Thank you, Hon. Speaker. Regarding the fear that my Committee is the worst, I want to tell Hon. Members…
Hon. Musa Sirma, answer three issues. Why is there a delay? When is the money being disbursed? Will there be any delay thereafter? Whether you are competent or not is neither here nor there.
Okay. I wanted to make it clear because I inherited a debt of Ksh4.9 billion and by the end of June last year, I had cleared all the pennies. The National Treasury has committed to pay Ksh10 billion every month. I would like to take our Hon. Members back to last year where the first disbursement of Ksh4 billion was done in February and another of Ksh4 billion before the end of February. That made a total of Ksh8 billion. By the end of June, all the money was paid, including the debt of Ksh4.9 billion. The Hon. Members I interacted with last year congratulated me for a job well done. I do not know what has changed. I want you to trust me, Members. I never let you down last year and will still do the same this year because it is about disbursement. I promise you by end of February, you will have Ksh20 billion in your respective bank accounts. The rest you will get in March and the money will total to Ksh30 billion. In April, you will have Ksh40 billion. In May, Ksh50 billion and the balance of Ksh7 billion will be paid in June. It is as easy as that. That is the mathematics that is there. Hon. Speaker, this is all about trust. If you trusted me last year, you have a chance of trusting me this year. I want to ask Members that as we move forward, let us move with one spirit that the future is bright and our children will get their school fees before the end of this month. Therefore, we should agree on the issues which we have put forward and the plans by the Government. The National Treasury is going to release that money. We have commitment letters which we are working with. Therefore, let us not refer to the commitment letters which were addressed before. Today, we got a firm commitment letter which I have put before you Members. You can read that commitment and hold me to it. Hon. Speaker, I beg to stop at that.
Order, Hon. Members. Thank you, Hon. Musa Sirma. As you know, the Chairman has no dog in this fight. It is your Chairman whom you elected that has given you an assurance. Let us give him the benefit of doubt. I will also, as the leader of the House and as your Hon. Speaker, exert some soft pressure elsewhere to see if the money can be forthcoming as quickly as possible. Let us now proceed back to Order No. 6 and invite Hon. Esther Passaris. I had approved for you to give notice of your Motion on Adjournment.
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Thank you, Hon. Speaker. Pursuant to Standing Order No. 33(1), I rise to seek leave for adjournment of the House to discuss a definite matter of urgent national importance regarding the rising femicide cases in the country. Article 26 of the Constitution provides that every person has a right to life. This right is inalienable and accrues to every person regardless of age, gender, and social status.
Can you give the Member some water?
Sadly, there have been increasing cases of femicide and violence targeting women and girls in Kenya, especially in Nairobi County. This is disheartening and goes against the provisions of the law and basic human rights. Femicide is not just a crime but a gendered-crime and a violation of human rights. It is noted that the recent cases of femicide are not isolated incidents but symptoms of a broader issue requiring urgent national solution. It is against this background that I seek leave for the adjournment of the House to discuss this matter of national concern with a view to exploring possible ways of curbing the widespread cases of femicide. Thank you, Hon. Speaker.
Do we have the requisite support? Thank you. Order. You have the requisite numbers. You may take your seats, Hon. Members. Order! Members on their feet, take your seats.
Order, Hon. Owen. Hon. Passaris, you have the requisite numbers to support your Motion on Adjournment. I direct that you will move your Motion after Order No.14 or at 5.00 p.m., whichever comes earlier, and I will allocate it two hours for debate. Next Order.
Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 97(1), this House orders that each speech in a debate on any Sessional Paper shall be limited as follows: A maximum of two and a half hours, with not more than 20 minutes for the Mover in moving and five minutes for any other Member speaking, including the Hon. Leader of the Majority Party and the Hon. Leader of the Minority Party and the Chairperson of the relevant Committee (if the Sessional Paper is not 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
moved by the Chairperson of the relevant Committee), and that 10 minutes before the expiry of the time, the Mover shall be called upon to reply; and further that priority in speaking shall be accorded to the Hon. Leader of the Majority Party and the Hon. Leader of the Minority Party, in that order. Hon. Speaker, I would like to ask Hon. Jematiah to second.
Hon. Speaker, I second. Thank you.
Order, Hon. Members.
Kisii County Women Representative, take your seat.
Put the Question.
Leah, take your seat.
Next Order.
Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 97(1), this House orders that each speech in debate on Reports of Constitutional Commissions and Independent Offices be limited as follows: A maximum of four hours with not more than 30 minutes for the Mover in moving and 10 minutes in replying, a maximum of 30 minutes for the Chairperson of the relevant Committee, and a maximum of 10 minutes for any other Member speaking, except the Hon. Leader of the Majority Party and the Hon. Leader of the Minority Party, who shall be limited to a maximum of 15 minutes each; and that priority be accorded to the Chairperson of the relevant Committee, the Hon. Leader of the Majority Party and the Hon. Leader of the Minority Party in that order. Hon. Speaker, I request the Women Representative for Kericho County to second.
Who is seconding?
The Women Representative for Kericho County.
Hon. Kemei.
Thank you, Hon. Speaker. I beg to second.
Order, Hon. Makilap. 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
Put the Question!
Next Order .
(Kilifi North, UDA)
Hon. Speaker, I beg to second.
Order, Hon. Members.
Put the Question!
Yes, Hon. Milemba.
Thank you, Hon. Speaker. Sorry, Hon. Pukose, I have some input on this Motion. I am not opposed to what has been read and proposed. However, those committees that are charged with the responsibilities of the budget and issues of supply should table their reports in the House early enough so that they are allocated enough time for discussion. I remember that Members passed proposals too fast in the last Session. Later on, Members came to you, Hon. Speaker, to ask that the Cabinet Secretary for Roads, Transport and Public Works be called to explain certain things. The budget-making process needs to be 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
given enough time. Chairpersons of committees should table their reports on time so that Members and the country understand exactly what we are doing. Thank you, Hon. Speaker.
Yes, Hon. Oundo.
Thank you, Hon. Speaker. I echo the sentiments of my colleague, Hon. Mwalimu Milemba. Hon. Speaker, Parliament is a House of debate. It has been given the task of budget- making. In the last Session, some Members had the tendency of rising under certain Standing Orders to curtail debate to the extent that many new Members of Parliament have not mastered the art, process and stages involved in budget-making. I urge you, Hon. Speaker, the Leader of the Majority Party, the leadership and Members of the Speaker’s Panel to do justice to the people of Kenya by allowing elaborate and adequate debate on all matters that come before this House. Hon. Speaker, the narrative about Parliament in the public domain is not very good. We have been forced to respond to snide and bad comments about Parliament on many occasions. It is now time to right the wrongs. We have an opportunity to do so. I urge the leadership of the Majority side to allow debate to flourish so that Kenyans can see and feel Parliament at work. Thank you, Hon. Speaker.
Thank you, Hon. Oundo. Hon. Members, before I put the Question, allow me to acknowledge students from Othaya Boys High School from Othaya Constituency in Nyeri County, who are in the Speaker’s Gallery. On my behalf and that of Members, I welcome the students and their teachers to the National Assembly.
Hon. Owen Baya and the Chairperson of the Budget and Appropriations Committee, you have heard the sentiments of Hon. Members. Bring the reports early for Hon. Members to go through. We assure Hon. Oundo that the Chair does not truncate debate. It is entirely up to the House. When the House, through any Member moves a closure, the only avenue available to the Chair is to put it to the House. If the House says, truncate the debate, it is truncated. If you reject it, you go on. If you feel there is inadequacy of debate, marshal your Members to reject any truncating of debates. Thank you. Next Order.
Deputy Leader of the Majority Party.
Hon. Speaker, I would like to encourage Hon. Oundo because we agreed in the morning to follow your guidance on candour and banter. We will go with that to ensure debate flourishes in this Chamber and that both Members and the constituents can see that we are doing what they elected us to do. We promise that this side will not truncate debate. Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 97(1), this House orders that each speech in the general debate contemplated under Standing Order 146 (Consideration of Senate amendments to Bills originating in the National Assembly) be limited as follows: A maximum of one hour and thirty minutes, with not more than fifteen minutes (15) for the Mover in moving, fifteen minutes 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
(15) for the Chairperson of the relevant Departmental Committee, and five (5) minutes for any other Member speaking, including the Leader of the Majority Party and the Leader of the Minority Party (if the Bill is not party-sponsored), and that five (5) minutes before the expiry of the time, the Mover shall be called upon to reply; and further that priority in speaking shall be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order. Hon. Speaker, I request Hon. Junet Mohamed to second.
Hon. Speaker, I beg to second. I also want to say that because of the interest that is always shown by Hon. Members in debate, sometimes the five minutes is reduced to two or three minutes. I know that it is because of the interest that is shown by many Hon. Members who want to speak on a matter and not because of the Hon. Speaker. Let us see if we can increase the time of debating on such a Bill and the period that the Bill stays in the House for debating. I second, Hon. Speaker.
Hon. Junet, before I propose the question, in comparable jurisdictions, as Whips, when we have such technical debates on motions such as budget and appropriations, it is within your competence as the Whips to actually give the Hon. Speaker a few of your preferred sharp shooters who can articulate issues. The Leader of the Majority Party can approach the Chair and tell him, for instance, that on this particular issue, our best economists to articulate the issues includes so and so. We will still give others the chance to contribute, but we will also abide by your opinion as Whips. If on your side you have people who have better knowledge and schooling in economics, accounts and matters relating to budget, the Chair will always give you priority to give one, two or three well-schooled Hon. Members, who can then give better opinion to the House to inform debate. It is entirely up to you to decide how you will assist the Chair. But do not bring lists of your friends. Bring lists of people who add value to debate. Thereafter, we can limit debate to two to three minutes to each Hon. Member to complement what your sharp shooters have already placed on the Floor. This is done in the House of Commons, in Australia, Canada and in the entire Commonwealth jurisdiction. It is not strange to this country.
I have not proposed the question, but I was just guiding Hon. Junet in his lamentations.
Hon. Pukose, you will be followed by Hon. KJ.
Thank you, Hon. Speaker. I just want to remind my colleague, Hon. Oundo, that as much as the House is meant for debate, we have a legislative role that we must also play. A Bill has various stages such as the Second Reading, where we debate it, and the Committee of the whole House when we are supposed to be legislating. We should also understand that, at other times, we rise under Standing Order 95, that the Mover be now called upon to reply to bring the debate to an end. We also want to put that law in place and that, at times, the time might be running out. There are many other considerations. We ask that both sides listen to each other, debate and defend our positions. 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. KJ.
Hon. Speaker, I truly thank you. I take this opportunity to wish you a happy new year and also congratulate you and the Clerk of the National Assembly for the amazing work that has happened in this Parliament during the recess. I stand to support this Procedural Motion on Limitation of Debate on Consideration of Senate Amendments to Bills originating in the National Assembly because this is one of the opportunities that this House gets to showcase its prowess against its sister Chamber, the Senate, where you served, Hon. Speaker. Whenever the Senate returns some amendments to this House, those debates are normally very critical because at such a point, this House is able to showcase its level of debate, transaction of business and showcase itself as the true upper House of this bicameral Parliament. Hon. Speaker, I observe that this afternoon is a perfect example of how you end up being appropriated issues that are not concerned to your Chair. This is the day that we are passing procedural Motions and dictating how much time we allocate to specific ones. You can see how the Chamber is populated. Later on in the session, we shall get into problems with Members of Parliament appropriating some responsibilities that do not belong to the Chair. They will say that you are appropriating time but when the business was being conducted, the same Hon. Members were not in the Chamber. Hon. Speaker, I am again calling upon the Whips of this House to whip the Hon. Members from different parties to ensure that they are present when very serious business is happening up to and including what looks like mundane business-like procedural Motions, up to and including the omnibus Bills, where we suffer quorum hitches because of lack of mobilisation of Hon. Members to participate in very important debates. Hon. Speaker, I support the Procedural Motion. I am okay with the time appropriated. Thank you very much, Hon. Speaker.
Next Order.
Hon. Speaker, I beg to move: THAT, notwithstanding the provisions of Standing Orders 41 and 42 relating to conveying Messages from the Senate, the President or the National Executive; Standing Orders 120, 122 and 126 relating to publication, procedure upon publication and First Reading of Bills; and Standing Order 210(2) relating to tabling of statutory instruments, this House orders that during the Short and Long Recesses of the Third Session: 1. Upon receipt of any Message from the Senate or upon receipt of any name of a person nominated for appointment to a state or public office, from the President, or any other office in the national Executive, the Speaker shall forthwith refer such Messages to the relevant Committee for consideration without having to recall the House, and report such fact to the House on resumption; 2. Upon receipt of any Message relating to Senate’s Amendments to a Bill originating in the National Assembly, the Speaker shall forthwith refer the Schedule of Senate Amendments to the relevant Committee for consideration pursuant to the provisions of Standing Order 145 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
(Senate Amendment to Bills originating in the National Assembly), and report such fact to the House on resumption; 3. Should a Bill be published during the said period, or a published Bill become due for First Reading, the Speaker shall, upon lapse of at least three days following the publication of the Bill and following a determination that such Bill is of priority, forthwith refer such Bill to the relevant Committee for consideration pursuant to the provisions of Standing Order 127 (Committal of Bills to Committees and Public Participation) and cause the Bill to be read a First Time in the House upon its next Sitting and the Second Reading may be taken forthwith, or on such other day as the House Business Committee may determine; 4. Should any statutory instrument be transmitted for tabling before the House during the period, the Speaker shall, following a determination that the statutory instrument is of priority, forthwith refer the statutory instrument to the relevant Committee for consideration and cause the statutory instrument to be tabled in the House upon its next Sitting in accordance with the provisions of Section 2 of the Statutory Instruments Act (No. 3 of 2013). 5. Should any Paper be transmitted for tabling before the House, the Speaker shall, following a determination that the Paper is of priority, forthwith refer the Paper to the relevant Committee for consideration and cause the Paper to be tabled in the House upon its next Sitting. This is very clear. It concerns issues that are brought to the House when we are in recess or not sitting. Therefore, the procedure is clearly laid down. I request Hon. Junet Mohamed, the long-serving Whip of the Minority Party, to second.
As I second, I wanted to bring it to your attention that this Procedural Motion was introduced to this House around 2014 or 2015. I was here. It was to make the work of the Executive easy. As a long-serving Member of Parliament, you know that vetting of appointments never used to happen before the new Constitution came into place. A time arose when appointments were made when we were either on a Short Recess or on a Long Recess. Then, the Executive felt that Parliament was wasting its time. They persuaded Parliament to do these kinds of Procedural Motions. As you know very well, we have provisions in the Standing Order for a Special Sitting. If something is important or urgent, we have a provision in the Standing Order that says that the Speaker can reconvene the House. If there are one or two appointments that are of an important and urgent nature, there is no harm in reconvening the House to sit and deliberate on them. It is not right for appointments to come through the Speaker to the Floor of the House in Communication.
I was listening. Go on.
The issue of appointments coming through the Speaker and Communication being made on the Floor of the House carries its weight. It is not proper when those documents and Papers are just committed to Committees silently and then we are informed later when we come. In spite of all those lamentations, I second.
Thank you, Hon. Junet. It is within your competence to revisit the Standing Orders and revert to whatever you prefer. For now, I will propose the question.
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Put the question.
Hon. Robert Mbui.
Thank you, Hon. Speaker. I rise to support this Procedural Motion. However, I want to point out one matter in Part IV, the one on the statutory instruments. It is important to note that the regulation-making authorities that make regulations pursuant to the Bills we pass in the House, within the statutory instruments and gazettement, may be imposing charges on the general population. I have noticed a tendency of the Executive to wait for just before the House goes on recess. That is when it publishes some of those punitive regulations. The danger that we would face if we were to go on a recess, for example, for two months, is that those impositions of levies or fees would proceed to have a force of law. The minute the gazettement takes place, the regulations become law. They have to wait for the Committee on Delegated Legislation of this House to be seized of that matter and deliberate it. In case the Committee decides that the levies are too punitive and have to be annulled, then they have to wait until the House sits and that is when they can present them. So, I feel that everything else makes a lot of sense. However, we have to be careful that we do not now allow the Executive to make laws and collect taxes or levies for two months, then the House makes a decision when already the horse has already bolted. I support but it is important to figure out how to handle that part on statutory instruments. Thank you.
Yes, Hon. Owen.
Hon. Speaker, what Hon. Mbui has raised is very important. We saw a flagrant of statutory instruments that were proposed during the long recess. Nobody can make law apart from this Parliament. Having said that, we have a great opportunity to cure this because the Statutory Instruments (Amendment) Bill will be read a First Time today without debate. It is important that these things are captured so that we can stamp our authority as Parliament, the law-making body. Thank you.
Hon. Owen Baya, you are in the leadership. You should advise all Government Departments, Ministries and the statutory bodies that they have no capacity to turn anything into law until and unless it has passed through this House. Even this number (iv) simply says, once it comes here, it still remains a proposal until it is processed through the Committee, brought to the Floor and adopted by the House. That is when it becomes a legal instrument with a force of law. And besides that, if there are any other issues like taxation and levies, the committees must do their work and sieve them out. I can now put the question?
Yes.
Next Order.
The Deputy Leader of the Majority Party.
Thank you, Hon. Speaker. I beg to move: 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
THAT, pursuant to the provisions of Standing Order 97(1), this House orders that each speech in the general debate contemplated under Standing Order 114(7A)(b) (Consideration of a Legislative Proposal to amend the Constitution) be limited as follows: A maximum of twenty minutes for the Mover in moving and ten minutes in replying, fifteen minutes for the Leader of the Majority Party and the Leader of the Minority Party (if the proposal is not party-sponsored), Member(s) with similar or related proposals and the Chairperson of the relevant Departmental Committee, and ten minutes for any other Member speaking; and further that priority in speaking shall be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order. I request Dr Mutunga to second.
Hon. Mutunga.
Thank you, Hon. Speaker. A Constitution amendment is a very key issue in this country. I believe that the way the time has been apportioned is crucial because it will allow most of the Members to contribute. Therefore, I second.
Put the Question!
Hon. Members, before I put the Question, allow me to acknowledge, in the Speakers Gallery, seated in the upper echelon, students from PCEA Mitahato Secondary School, Githunguri Sub-County, Kiambu County. On my behalf and on the behalf of the House, I welcome the students and their teachers to the House of Parliament.
Next Order.
Next Order. Hon. Esther Passaris, we are now at Order No. 14. I now give you the opportunity to move your Motion of Adjournment.
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Hon. Esther Passaris, we are now in Order 14. I will give you an opportunity to move your Motion of Adjournment. I have allocated it 2 hours. This means if you have enough support, it will go on up to 6.15 p.m. Thereafter, we will go on to the next Order. You may move your Motion.
Thank you, Hon. Speaker. Before I move the Motion, can I please ask the House to stand up for a moment of silence for over 500 women who have died as a result of femicide?
Thank you, Hon. Speaker. More cases of femicide are being reported in Kenya, with at least 500 women being murdered in Kenya in a span of six years. In January 2024 alone, over 10 cases of femicide were reported and not all perpetrators have been brought to account yet.
The failure by the Government to hold perpetrators accountable has led to a culture of impunity and impedes deterrence. Femicide violates Kenyan women’s fundamental constitutional and human rights to life and freedom from violence. The Government of Kenya, through the State Department for Gender and Affirmative Action, must address the discriminatory norms which underpin such violence and send a clear message that femicide will not be tolerated.
Hon. Deputy Speaker, it is incumbent on the Government of Kenya to implement Articles 26 and 29 of the Constitution of Kenya 2010, the Protocol to the African Charter on Human and People’s Rights, the rights of women in Africa, Maputo Protocol and the Convention on Elimination of all Forms of Discrimination against Women to ensure women and girls are safe and free from all forms of gender-based violence. While Kenyan Government agencies have made various commitments and pledges, few have been followed by concrete actions to end the surge of femicide in the country. Kenyan Members of Parliament are calling on key actors to prioritise investigations and prosecution of cases of gender-based violence.
We also call on the Director of Public Prosecutions (DPP) to keep the public updated on the on-going probe and share information on the perpetrators who have been arrested. The Judiciary must also expedite the hearing and determination of the cases to ensure justice for survivors of attempted suicide. Therefore, as the world marks Valentine’s Day today, women parliamentarians join other human rights organisations in the dark Valentine’s campaign in the remembrance of all the lives that have been lost as a result of femicide. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor
As at 14th February 2024, we have lost 13 beautiful souls to femicide. Number 13 is not only statistics but also, these are our daughters, sisters, mothers and more importantly, human beings who were killed, murdered or butchered in the most inhumane way. They are: 1. Starlet Wahu, aged 26, was murdered in South B, Nairobi, on 3rd January 2024. 2. Harriet Moraa was murdered in Katoloni, Machakos, on 8th January 2024. 3. Stella Odongo, aged 21, was murdered in Bondo, Siaya, on 11th January 2024. 4. Bridget Ochieng’ from Nyakach, Kisumu, was murdered on 22nd January 2024. 5. Sarah Wairuru, aged 47, was murdered in Kiruga, Nyeri, on 18th January 2024. 6. Sarah, aged 45 was murdered in Kilai, Narok, in January 2024. 7. Assumpta Wanjiru, aged 30, was murdered in Nyandarua on 16th January 2024. 8. Rita Waeni, aged 20, was murdered in Roysambu, Nairobi, on 14th January 2024. 9. Nelvin Museti, aged 28, was murdered in Lang’ata, Nairobi, on 11th January 2024. 10. Grace Wangari, aged 24, was murdered in Githurai, Kiambu, on 21st January 2024. 11. Queen, aged 25, was killed in Magarini, Kilifi, on 14th January 2024. 12. Rachael Wambui Njoroge, aged 55, was killed in Gatundu, Kiambu, on 21st January 2024. 13. Maureen Achieng’ was murdered in Bondo, Siaya, on 3rd January 2024.
Hon. Deputy Speaker, on 27th January 2024, we had an annual national protest demanding an end to this scourge. To put this into perspective, statistics show that out of 546 deaths by femicide in the recent years, 241 of the perpetrators were husbands and 130 were boyfriends. Women are being killed, murdered or butchered by people they thought they were safe with at first instant. There is a case of Kelvin Kang’ethe who murdered his girlfriend in United States of America (USA) and then he was traced in Kenya, arrested and taken to the police station. He escaped from there but he was re-arrested. Clearly, it points to the seriousness in the handling of femicide perpetrators. A society is judged by how it treats the marginalised and most vulnerable. Women in this country undergo many challenges. We demand that women must be treated right. We are unapologetically demanding that women’s dignity must be upheld and women’s lives matter in this country.
In conclusion, we demand that the Ministry of Interior and National Administration issues a status report on all cases of femicide, investigations that have been concluded and the perpetrators who have faced the law in court. The President should declare violence against women and femicide as a national crisis. An Executive order should be issued on zero tolerance to violence against women and femicide. All political parties should initiate disciplinary action against its members who make misogynistic statements supporting, inciting and encouraging violence against women and femicide, as well as those who are accused of the same. Let them be responsible and avoid sensational reporting from media houses on femicide and violence against women. Viewer discretion in the release of unnecessary violent details and images must be adhered to.
We demand dignity even in death for victims of femicide. We encourage media houses to engage feminist experts to help them improve reporting practices. Women are more than half of their viewership.
Thank you, Hon. Deputy Speaker. With that, I would like to call upon the Member for Suba South, Hon. Caroli Omondi, to second the Motion. 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
I thought Members are simply debating the Motion. However, Hon. Caroli Omondi, you may proceed.
Thank you very much, Hon. Speaker. I stand to contribute to this Motion for the simple fact that men should also be counted at this particular time. If we leave it purely to our sister colleagues, it will look like the males do not care in this nation. The distinction between femicide and the other typical acts of violence against women is the gender content. A crime is committed against a particular woman or women because of gender considerations by the perpetrators of those violent acts. It is important that we understand where this comes from, so that we can address it in a very detailed manner.
It is more of a factor of patriarchy. If you study the violence that constitutes femicide, it is as my sister, Hon. Esther, has said. It is mainly by those closest and dearest to the victims like the in-laws, husbands, boyfriends and sometimes brothers, when there is a dispute within the family. This is a function of patriarchy. We live in societies. Although our Constitution recognises our culture, under Article 11, as the cumulative civilisation of Kenyans and nation that we have built over the years, we still have cultural norms and practices that the same Constitution recognises as repugnant to justice and morality. We have concentrated power in the hands of men. We have built cultural institutions that exclude women from decision- making. We have promoted cultural practices and norms that give dominance to men. This is the standing that we have. We have excluded our women from means of economic empowerment – tools they can use to give themselves freedom, land, education and the rest. This is the genesis of some of these grotesque acts we see against our women. It is important that we come together as a nation – be it in families, churches or schools – to preach against cultural norms that are used to downgrade, depress, oppress and suppress our women. We should not shy away from this even if we are uncomfortable with those truths. It is patriarchy that is promoting some of these grotesque acts. I urge this House, that we come together and find a way of working in a bipartisan manner to put mechanisms in place. We should have a national register of all persons who have been convicted of gender-based violence crimes. That should be the first point of call. It should give us a warning or act as a signal of who is likely to commit femicide. We should also strengthen international co-operation. The case of a gentleman who was recently re-arrested and is awaiting deportation to the USA clearly demonstrates this. Those of you who are old enough will remember how many of our women were killed by foreign soldiers who used to come for holiday in Mombasa. They used to murder them and get away with it. We need to strengthen international co-operation mechanisms to deal with this phenomenon. At this particular time, we need to call upon the Directorate of Criminal Investigations (DCI) and the International Police Services to refocus their gender-based violence desks so as to strengthen their capacity to investigate cases of femicide. Also, the Office of the Director of Public Prosecutions (ODPP) should prosecute such cases without delay. Many of them take too long or criminals go un-punished and people are beginning to develop a sense of impunity. Also, the Judiciary should come out strongly and support all the efforts towards this particular direction. With those few remarks, I support.
Hon. Leah Sankaire.
Thank you, Hon. Deputy Speaker. I also want to thank Hon. Passaris for bringing this Motion to the House. It is high time we started talking about femicide, not as a women's issue, but an issue of national importance. So far, it is sad when you hear the statistics of girls who have lost their 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
lives in love triangles. It would be wrong for us to be quiet in the National Assembly. It is good for us to raise our voices and ask critical questions surrounding the mysterious deaths of our girls. I am requesting that the issue of femicide stops being an issue of women. Let us make it an issue of the whole society. Girls are being killed and we know that those who are killing them are also our children. It is about time we started addressing this issue holistically. First and foremost, I would like to speak about the issue of reporting. The statistics we have heard of today are saddening. We have seen the number of children who have lost their lives. Unfortunately, none of the perpetrators has been brought to book. Every single day, we hear that the police are looking for the perpetrators so that they can be brought to book. Justice delayed is justice denied. Sadly, we are burying our children - beautiful girls who had a bright future. The saddest thing is that no perpetrator has been brought to book. It is disheartening to the families and the society to see a child having lost her life and the person who committed that crime is still out there. With the current trend, we may have serial killers going round the villages across the country. This is because if you kill someone today, they are buried and no action is taken. So, you can kill another one tomorrow. You will have the power to do so because nobody follows you up. We want to call upon the Cabinet Secretary for Interior and Coordination of National Government, the DCI, the Inspector-General (IG), and the ODPP to issue a statement on the pertinent issues we are raising today. In the last two weeks, I was hoping to see people being arraigned in court. Unfortunately, no one has been arraigned. They keep telling us that they are carrying out investigations. Some of the cases do not require rocket science to determine who committed the offence. We call upon them to issue statements and join hands with female Members of Parliament and the men here supporting us on the issue of femicide. Security is a fundamental right to every Kenyan. It is wrong for women to walk around feeling insecure. In as much as we have the responsibility of taking care of our security, it is a right of every Kenyan to enjoy security. When it comes to reporting, it is so sad that every time people go to report such cases, they are asked several questions. They are left wondering whether there is a right to security in this country. If you fall sick and go to seek medical attention at a hospital, I do not think the doctor will ask you why you are suffering from malaria or why you have contracted a certain disease. Unfortunately, some of those perpetrators have been reported more than once and nothing has been done. We want to ask that from today, reporting should be taken as important as any other issue in this country. You have the right to report and you should not be asked what hour of the night you were out or what kind of dress you were wearing. Men should also be cultured enough to know that when women dress, they do not do so for them. It is their dress their choice…
Let her complete her sentence because she is the Chairlady of Kenyan Women Parliamentary Association (KEWOPA).
Thank you, Hon. Deputy Speaker. I want to conclude by saying that we should have friendly security reporting desks for women. Some women are raped and when they go to report, they are asked what kind of dress they were wearing, and what hour of the night they were raped. Those are irrelevant questions. It is about time that we allowed women to report those cases because that is making perpetrators to take advantage of them. We also want to ask the Cabinet Secretary to ensure that the reporting desks have educated officers who know how to handle women issues because some of them are so delicate 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 heart-breaking. When you go to report and the first question you are asked is how you were dressed, it is like being denied the justice you are seeking in that quarter. I ask my colleagues in this House to rise and let us stand against femicide. It may be happening to women but remember, you are a parent or a father and those children belong to us. We need to ensure that our children and women in this country are secure because gender- based violence is on the rise. We are not just talking about femicide, but we have so many other forms of gender violence against women. Cyber-bullying is one of them. We must stand up and talk against such behaviour. We must give women secure platforms to operate from. We must make sure that the women and children of this country feel secure, and that there is freedom in loving and exercising your right to love. Thank you very much, Hon. Deputy Speaker. I hope that everybody in this House will stand with us.
Thank you. Hon. Members, I want to seek your indulgence to allow the Chairperson of the Departmental Committee on Finance and National Planning to interrupt the session to lay some urgent paper and then we shall continue with this particular Motion. Thank you.
Hon. Deputy Speaker, I beg to lay the following Paper on the Table: Report of the Joint Committee of the Departmental Committee on Finance and National Planning and Housing, Urban Planning and Public Works, on its consideration of the Affordable Housing Bill (National Assembly Bill No.75 of 2023).
Thank you, Hon. Deputy Speaker.
Thank you. Hon. Omboko Milemba, Member for Emuhaya, please; make your statement brief so that as many Members as possible can be able to speak to this matter of national importance.
Thank you, Hon. Deputy Speaker. I will be very brief. On behalf of myself and the people of Emuhaya, let me stand with the leadership and all the women and girls who have lost their lives. It has been very sad, especially in January, when we had more than 10 reported cases of women and girls being killed. Let me thank Hon. Passaris for bringing this matter to the House so that we may pronounce ourselves on the issues concerning femicide and abuse of our women. This matter does not just concern the women of this country but also the family, men and every member of the society in Kenya. We are doing badly according to the statistics that we have been given. The number of femicide cases is rising in the world. It has gone up to 48,000. In Kenya, the cases are more than 500. The figures are bad as far as Kenya is concerned. I would like to ask all institutions, not only political parties as we have been told, but those who are in Government offices and organisations, including Parliament, should pronounce themselves through statements and condemning femicide in this country. The sad case that I watched when we were on recess was of the girl who was beheaded. When we did our work-around, we realised that it was a girl from a very poor family of teachers in Makueni, Ukambani. She was simply deceived because she thought she was dealing with somebody who loved her. Unfortunately, the man was not a good person. We need to demystify sexuality and sex. We need to ensure that issues of love, dating and everything else are demystified so that it is not secretive. This is because most of the people The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor
who are doing this are hiding in the secrecy of those issues. In Europe and other countries, all those online dating applications are accessible and reachable enough to know what one is doing at any particular time. Without going into any much ado, I stand with the women and girls of this country, a society that is determined to have good morals and respect the girl-child and women. Thank you.
Hon. Lilian Gogo, Member for Rangwe
Thank you so much, Hon. Deputy Speaker. I salute you. I have not seen you in the new year. I rise to give my voice to this matter that is of serious concern to this country. It is a global matter. Femicide is not a new term. It has been there for as long as mankind has existed. It saddens my heart that what is intended by the natural law to benefit human beings is used to the contrary to the extent that it is causing deaths. The relationship between a man and a woman is noble. It is from this that we bear children. God has made it so that it is from the relationship between a man and a woman that we can have children, other than the innovation of science. A man would entice a woman to come to him and a woman would agree and they meet. It is sad that it is from this that we have had deaths of very many women and girls. As a House, this afternoon, I want to thank my sister, Hon. Passaris, for bringing this Motion of Adjournment in the House so that we can talk about it as the peoples’ representatives. Hon. Deputy Speaker, it bewilders me. I honestly do not understand how somebody would strangle a woman who has just gone to give herself to him and to enjoy themselves. To make it sad, they do this after sleeping with them. Once they have had their fun, they kill them. I do not understand. It was debated earlier on that they were being killed probably after they had been given some money. Their eyes are gouged out, breasts extracted and private parts are removed. What would make a normal person behave like that way if they are not criminals? What would make a normal human being want to do anything of that kind to a fellow human being if they are not criminals? It is not only to derive their negative pleasures. Those are beasts that exist in the clothes of human beings and they must be hunted for who they are.
We also have to come up with very stringent measures to curtail femicide, especially within our circles. I have a case of a widow in Gangre Village in Gem Sori Kachiena in Rangwe Constituency who has not been buried. That lady was gang-raped, murdered and dragged into her own house to give an imprint that she died in her own house. As if that is not enough, there was an attempted cover-up by the area chief. I will later ask a question to the concerned Cabinet Secretary (CS). As a representative of the people, I would like to know who killed the Mama in Gangre. As I mourn with other women who have gone through femicide in this country, we must ensure that it comes to an end in totality in Kenya. I stand with the women of this country. Thank you, Hon. Temporary Speaker.
Very well. As I come in, let me give the first chance to the Deputy Speaker to speak on this matter because she has another business to undertake.
Thank you, Hon. Temporary Speaker, for giving me this opportunity to lend my voice to this very important subject. I wish to thank the Chairperson of the Kenya Women Parliamentary Association (KEWOPA); the Member for Kajiado, Hon. Leah Sankaire and the Member for Nairobi County, Hon. Esther Passaris, for 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
ensuring that this matter comes to the House. This challenge has been with us. It is only that it has recently received more attention than it had before. Many women have been killed. If you look back, we have been very slow in speaking out but this time round, we must not relent. We must continue to speak about it. I commend the Members of the National Assembly for making this commitment. If you recall, there was a lady called Ms. Chelele, a musician from Kericho County, who was killed by her husband – a police officer, who later confessed. Ms. Agnes Tirop, a World Champion athlete, was killed by her spouse or boyfriend in Iten. The person was arraigned but not much was said about it. In the same year that Ms. Agnes Tirop was killed, two other women athletes were also killed: Ms. Edith Muthoni who was also killed in the athletics camp by her boyfriend and Ms. Damaris Muthee Mutua, a world champion athlete who was also killed. The killings have been with us. It is only that we have not spoken about them. Hon. Esther Passaris, you have named the recent ones, but this goes back as far as seven years ago. We are not talking about people who are unknown but world champions. Ms. Agnes Tirop represented Kenya in the World Championships in Tokyo and a few weeks later, she was killed. To-date, the case has not received the attention it does. We do not see the media houses writing stories and putting them in the headlines. Part of the failure is with the media. If the media put such cases on the headlines every single day, the matter would get the attention it deserves. If the television stations put it on the headline news, it would get the attention it deserves. There have been no real consequences for killing women. If we make the consequences sufficient and tough enough, and bring it to a much higher attention, to the extent that when someone knows that it would not only affect them but also their families, they might think twice before committing such an atrocity. It has been normalised that people can speak negatively about women and get away with it. We saw that in the statements that were made against Hon. Kawira. That was rape and sexual assault, only that it was verbal. Sadly, we thought that it was funny. We must begin to interrogate our conscience as a country. I support this particular Motion with all my soul and spirit. Thank you.
Very well. Whip of the Minority Party.
Thank you, Hon. Temporary Speaker for giving me an opportunity to contribute to this Motion. I will continue from where the Hon. Deputy Speaker has stopped. I thank Hon. Esther Passaris for bringing this Motion. This is the right place to decide and come up with proposals on how to govern ourselves. We cannot make the killing of women a normal issue. It is unacceptable! Any man who kills a woman is weak, useless and not worth being called a man. To make it worse, you kill a woman who has trusted, loved and shown faith in you. You dupe her, take her to an Airbnb and kill her? That is an animal, not a man. I am shocked that in 2024, we are speaking about this matter. I have not yet recovered from what happened in my county one time. A lady named Sharon, who was expectant and at the point of delivery, was killed by people in a forest. Instead of allowing her to deliver the baby in a matter of weeks or days, she and her unborn baby were both killed. I have never recovered from that shock. Killing women has now become the norm. If this matter is not arrested and the people who commit such heinous acts do not face serious consequences, it will be taken as business as usual. There is no life without women in this world. There is no human being who is walking in this world who has not come from a woman. We are all here, courtesy of women. If there were no women, there would be no world or life. You have the audacity to kill, maim and rape 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
them? Unless we come together as leaders and people, and eradicate this matter, I do not think we will reach far as a country. I am fully behind the people who want to bring serious consequences to be faced by those people who are killing women. Why should you kill a woman? What makes you kill a woman? Unless you are mad. Nowadays, it is not only about girls. I have seen old and middle-aged women being killed for reasons we are unable to understand. Killing women can never become a sport. It must have consequences because those are human souls that we lose every day. There is a legislation that was passed in this House in regards to gender violence. I do not know why they are not being harsher. We need to come up with a legislation that says if you kill a woman, you should be killed and if you kill a man, you should pay just 100 camels.
A woman is a factory. She is the one who gives birth to the men. You are killing the people who are supposed to bring life? If you kill a woman, you must be killed or face the death penalty. Hon. Passaris could not have brought this Motion at a better day than today, when we are celebrating Valentine's Day.
Sure.
It is the best day to discuss this matter. Many women have lost their lives through love to people they have trusted and developed relationships with. The House must, therefore, rise to the occasion. We also urge the relevant institutions like the National Police Service and the Directorate of Criminal Investigations to do everything possible to make sure that any man who hurts a woman, not only killing; faces the full force of the law. I am going to support any legislation geared towards that end. Let me not say much because I know how I treat women. I do it well.
They should, therefore, follow my example.
Thank you. The screen is full of people who are not in the House. Clerks-at-the-Table, please, clear the list. I do not see the women Members. Please, key in if you want to speak to this Motion. Hon. Elachi.
Thank you, Hon. Temporary Speaker. You have been one of those male champions that we have seen for many years on issues of women. I appreciate my leader, Hon. Esther Passaris, for bringing this Motion at a time when the world is celebrating love. A love that has brought more darkness than we thought. A love that has removed the book of 1 Corinthians 13 from our faces and given us something else. We have robust laws in Kenya today. The framework on gender issues is there. On 27th January 2024, women and men came out to call upon the Government to come in and see what hit Kenya that we lost 10 women in January. There may be more because there are some whom we do not know whether their families have reported. More importantly, the worrying trend is that we have normalised gender-based violence in Kenya. We have made it a very normal issue. There is nothing as brutal as femicide. It is extreme. It is the worst violence any person can go through. When I look at the stories we are getting, it is not just in Kenya. A Kenyan who was in the United States of America decided to brutally kill his girlfriend, threw the body at the airport and took a plane to come back to Kenya. While in Kenya, Kang’ethe walks into police cells and comes out and says: “I just walked out.” Now you wonder: What just happened to Kenya? What happened to our security forces? 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
I know people will start blaming women but, honestly, this is love. No one is pushing the other. Why would you do that? For me, the most worrying thing is that we must go back to the Judiciary and request that if we have a case of someone who has been raped or murdered, honestly, they do not need to give bail to such a person. While listening to Hon. Lilian, she was crying that we had someone who had just walked out of the cells. He is now back in the village and the body of that woman is not yet buried. You can imagine that person is saying that he is okay and in control, and there is nothing you can do. After all, he has gone to the police cells in Homa Bay and he is back in the streets walking so gently with disregard to the fear he has put to members of the family that is mourning. I request the Cabinet Secretary for Interior and National Administration that, since we have this Homa Bay case and they know the people and the Chief of the area, can the Chief be first suspended for them to understand the case?
I would also humbly request that it is time the leadership talks about it. Keeping quiet sends a very chilling fear in the country. They need to raise their voices. The voice will help people to realise that there are wrong happenings. I finalise by saying that as much as we have allowed the people to walk into our airports, we have not told them to come and maim our girls because of what they want to achieve in their witchcraft or any other things they think they want like body parts. You cannot just maim and cut somebody’s head if you are not a witch going to use it for your witchcraft. I beg to support and cry for the women of this country.
Hon. Kimani.
Thank you very much, Hon. Temporary Speaker, for allowing me to add my voice to this discussion. From the onset, I would like to congratulate the County Member of Parliament for Nairobi, Hon. Esther Passaris, for bringing this Motion today. Hon. Temporary Speaker, it is disheartening and very painful that there are men, who should be protectors of society, killing women. Even in war, women were never killed. If you study wars and even stories in the Bible, there is no time that people killed women and children. The fact that in 2024 there are men, whom you would think have sane minds or you might respect them, committing those heinous acts of injustice on women. It is truly sad. If you listen to some of the arguments made, including on social media saying, for example, that the lady ‘ate’ the fare that you sent, but did not come, you are a fool to have sent money to someone for her to come. This thinking that sex is only enjoyed by men is false. If she wants to have sex, she is going to enjoy it too. Therefore, there is no reason why you should spend money on someone who does not want to come to you. The irony is also that if you listen to many women, they are saying there are no men to love them. They are saying the ratio between those who are in relationships and married is not equal. The excuse men give is that it is woman in the wrong because she was wearing an inappropriate dress, was walking alone at night or she took herself there. All are lame excuses. We must call them what they are and condemn them. This nonsense must stop. We must address inequalities that exist. If there are young girls who have to sleep with men to have sanitary towels, then that is where some of those problems start. For the voices of women to be heard for something as basic as sanitary towels for our girls in primary and secondary schools, they have to beg for it. In the last Session, women Members almost paralysed the House because the money that was supposed to be allocated for sanitary towels for schools had not been released. We have money to give free condoms in public places, but not for sanitary towels for our girls. That is where the problem begins. When women dare to run for political seats, for example, that is when the other problem starts. We start asking them who their husband is or who they have slept with. Even when you find a lady in a lucrative office, you think that she must have slept with somebody for her to get to that office. Once we begin to change this narrative and see women as competent people The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor
who can do so many things that men are able to do, then we are going to have a conversation and a change in heart. We have very many brilliant women, if you take the mere ability of a woman to multi-task and do so many things at the same time. Sometimes, we stay with the women seated in this House up to late, and some of them are expected to still go home and prepare meals for their husbands, like on this day when we are celebrating love. Let us begin by changing our attitude that women can be in positions of office, elected or appointed. They can work in any profession by merit and not because they are girlfriends or are sleeping with so and so. Once we have that change of mindset and provide the basic facilities we need to provide, for example, sanitary towels, then you are going to see a change in heart. Lastly, as the Whip of the Minority Party said, those that kill, hurt or slap women are cowards. If you really want to beat somebody, go and get a man your match and beat him up if you want to prove a point. With that, I thank you, Hon. Temporary Speaker.
Very well. Hon. Donya Dorice. Is she in the House? We are just following the queue here. Next is Hon. Johana Ng’eno. Not in the House? Clear for me the list. Next is Hon. Zamzam Chimba.
Sorry. Order! I did not know Hon. Johana was in the House. Proceed and then Hon. Zamzam will come later.
(Emurua Dikir, UDA)
You have made you point. Proceed, Hon. Zamzam.
Ahsante sana Mhe. Spika wa Muda. Na mimi kama Mama Kaunti wa Mombasa, naomba kutoa mchango wangu. Inasikitisha sana hata baada ya taifa hili kupata Uhuru, akina mama wa taifa hili bado hawana uhuru. Akina mama wanauliwa usiku na mchana. Sote tunajua mama ni pambo la ndoa, mama ni pambo la mwanaume, na mama ni pambo la ndani ya nyumba. Mama ni mlezi. Sisi akina mama ndio tunaoshika mimba, tunakula udongo, tunakula matope, tunatapika, tunapitia ile hali yote duni ili tuweze kuzaa mtoto ambaye pengine ni mtoto wa kiume. Inasikitisha kuwa leo mama anadhalalishwa katika taifa hili. La kusikitisha zaidi ni kuwa hata yule ambaye ni Waziri wa Usalama hajajitokeza kuzungumzia mambo haya ambayo yanatendeka. Na mimi napenda tuweze hata kumuita ndani ya Bunge hili ili aweze kutuambia visa hivi ambavyo vimetokea ambapo watoto wetu wa kike wameuliwa. Tumesikia kuhusu Sharon. Imetugusa sisi sote. Juzi Mombasa kuna mwanamke mama mtu mzima amechinjwa kama vile anavyochinjwa ng’ombe na mjukuu wake wa kiume. Lakini mambo hayo yanapelekwa chini ya maji. Mambo haya hayazungumziwi Mhe. Spika wa Muda. Mimi ningependa Waziri wa Usalama aje hapa atuambie anafanya kitu gani kuhakikisha kuwa visa hivi vinaweza kuchukuliwa hatua ili mambo haya yaishe. Kuna mambo mengi ambayo yanatendeka ndani ya social media kwenye mitandao. Sisi akina mama tunatukanwa na watu tunaowajua. Atakupa matusi mpaka yale ya mvunguni. Roho zetu ni ndogo. Roho zetu ni dhaifu. Kuna watu wengi wametoka kwenye mtandao, wameenda wakafunga kamba wakajiua kwa sababu yale mambo ambayo wanaambiwa kwenye socialmedia ni mambo ya kudhuru, kuvunja moyo na kutoa hadhi yao. Ni mambo ambayo yanasumbua mtu hata usingizi hawezi kupata. Na ndio mambo ambayo sisi katika Bunge hili inafaa tuangalie. Hata kama kuna freedom ya speech, haya mambo yamefika mbali. Na leo watoto wetu wanaitwa kwenye mitandao. Hao ambao umewaona wameuawa ni watoto ambao wametongozwa kwenye mtandao. Mtu anampigia simu ama anamchat na akisha mchat anamwambia njoo mahali fulani. Kisha anachukua advantage kuwa yule amekuja na anamuua kiukatili na anatoa sehemu za mwili na anaondoka nazo. Na la kutamausha ni kwamba Serikali imenyamaza. Mimi kama Mama Kaunti wa Mombasa nahisi uchungu sana. Ni wakati sasa Serikali ianze kuchukua hatua. Ni wakati ambapo Serikali ianze kusikia sauti za akina mama. Tena mimi ningependa kuwapongeza sana wale wabunge wanaume ambao wako kwenye Bunge hili wakati huu ambapo tunatoa mchango wa huu mjadala. Namshukuru ndugu yangu Junet. Nimemwona Kiarie pale na Wabunge wanaume. Nyinyi mmesimama na akina mama na mimi leo nawapongeza. Nawapongeza sana. Bunge limebaki tupu. Watakuja na mijadala yao na watataka sisi akina mama tuwatetee ilhali tunauliwa. Tutasimama na wale viongozi ambao wanasimama na akina mama. Ni wakati ambao lazima tuzungumze kwa sauti moja. Mwanamke anafaa aheshimiwe. Mtoto wa kike anafaa adhaminike. Haya mauaji tunasema yaweze kusitishwa. Tumezungumza tukilalamika siku zote. Nenda kwenye mahakama zetu, kesi zimejaa. Mtoto mdogo amelawitiwa. Mtoto ameuawa. Lakini hata wale majaji wa kutosha pia hatuna. Na mimi kama Mama Kaunti namlilia Jaji Mkuu wetu. Kule Mombasa tuongezee majaji. Hizo kesi ziko. Unapata babu amelawiti mjukuu wake na ametoka yuko kule anauza barafu. Mtoto anakaa na aibu. Mtoto wa darasa la sita . Yule mzee ako nje tu, anacheza ile kera, anafanya mambo yake, yake yakimwendea. Yule wa Sharon tunaona tu huku nje. Ako tu. Hatujapata mtu hata sasa ambaye alimuua wala kesi haijaamuliwa kwa vyovyote vile. Yule mama alikufa na mtoto wake. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor
Mhe. Spika wa muda, kama Mama Kaunti ninasema tuweke sheria. Mwenye kuua auliwe, mwenye kulawiti mtoto mdogo akatwe dude lake. Tusipoenda namna hiyo, watu watakua wakiendelea kila siku wakilawiti watoto na kuwaua akina mama na wao wanakaa wakinywa kahawa na wakijisikia vizuri mahali walipo. Sisi tunasema jicho kwa jicho, sikio kwa sikio. Ukiua na wewe uuawe. Ukilawiti na wewe ukatwe dude lako. Ahsante Mhe. Spika wa Muda.
Hon. John Mutunga.
Thank you, Hon. Temporary Speaker, for giving me this opportunity to also add my voice to this very important debate. Hon. Temporary Speaker, this is a matter of the society and family, not just a women issue. It is a very important issue that is affecting our country at this point in time. I wish to thank the two honourable ladies who have contributed to this debate for bringing up this Motion. The debate is referred to as femicide. Femicide has a connotation of women being killed by men. Normal men will never hurt a woman. In fact, I want to categorically say that even mad men do not kill women. We have seen them all over and we have never seen them associated with killing a woman. I want to thank the media for bringing out the much that they have been able to. I want to ask them to do more than what they have done. We need some of these issues to be highlighted. We need statistics brought to the fore and cases mentioned specifically. Progress should also be posted so that we may see what is happening to some of those cases. We have seen cases where women are not only killed, but they are dismembered. That is not the end. They are also put in bags and thrown out. We have seen women being killed and their body parts such as heads going missing. We have seen some women being thrown out from windows like trash and some mistreated in this country. Yet, we have not seen reports from other countries which appears to depict Kenya as having this problem.
We should not demonise Air Bed and Breakfast (Airbnb). They have been existing for a very long time. I do not think there is anything wrong with them. There is something wrong with some of those people who have resorted to those killings. The peculiarity of those killings is that a lot of more of it is happening to people who are close to each other; friends, families, couples and those who claim to be in love. The other peculiarity about the cases we are seeing is that even the matters that land in court, the penalties are not spelt out early enough for us to realise there is seriousness in this matter. Something is terribly wrong. As a House of Parliament, we need to do something in our position. We need to come up with a law that is going to help protect our children, mothers and wives. The apparent poisoning of the mind through alcoholism and substance abuse is one of the issues that are attributed to this. We are having parties in private houses that lead to anything. I need to caution our young women for one thing. When you get into a relationship, do not keep it as a secret. Keeping it as a secret enables the killer to adjudicate their plan. Let people know. There is nothing wrong with being in a relationship. Let people know that you are in a relationship. The other important thing is the need to know your friends very well. If you see someone who does not want to be known, a child of so and so who does not want to be known, avoid them like poison because they are not real. Abstain from parties in private residences for the young people, especially ladies. Should parties turn nasty, please take off and save your life. That is what is happening because some of those parties as we read in the papers turn nasty and people kill each other. If you are not a substance user, and you are forced to use, if you refuse to use it, you can even be killed. We have a problem in this country. We are calling upon our law enforcement entities to take this matter seriously, especially substance abuse. There is 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
widespread substance abuse in this country that needs to be contained. Containment will also not only save our women, children and daughters, but also save the nation. Substance abuse is happening anywhere and therefore, something needs to be done. Hon. Temporary Speaker, with those very remarks, I wish to support this particular Motion.
The Hon. Catherine Omanyo.
Thank you, Hon. Temporary Speaker. It is, indeed, difficult to discuss such a topic. Something is dreadfully amiss in our society. I was forced to think that sometimes some people are badly cultured. Apart from being badly cultured, they have some criminal agents in their minds. How can anybody start thinking of killing somebody? Is it for the dislike of that gender or they just hate them? That is just criminal. I stand here as a mother of twins - all girls - and an auntie to various nieces, girlfriend to various women Members of Parliament here and those I schooled with. I look at every woman with a lot of adoration and thank God for coming up with women in this world. Women run the world. If we scare them, we walk every day knowing that we are insecure. Sometimes, I even wonder whether the Directorate of Criminal Investigations (DCI) and all the agents of security in this country are awake. Do those people have daughters? We keep reading as if it is a story book and yet, it is not. It is, indeed, happening in our country. We have to stump down and bring out all the perpetrators. Let them be behind bars and something serious to take place. We have heard that some of them have been arrested at the airport while they were running away. Some, if they are arrested, must be having friends or cartels or the people they do this business with. Why target the girls? It is not even good to target anybody. There is nothing that can justify anyone being killed. I have been reading some comments where some people call girls slay queens who are too much. You can never justify why somebody was killed. I can never say that somebody was killed because… I can never. I bleed and cry with every family that has lost their daughter in that manner, and I do not want to allow any tolerance of any manner. Our Government must wake up and do everything in a speed that is acceptable because the deliberate killing of women has been happening. We read in newspapers like it is just another day that it happens and we look for the same story the next day and ignore. It is time that everybody, whether a man or a woman, said no to femicide. If you do not do it, it will be knocking on your door the next day. That is when you will understand why it is not okay to allow such kind of criminal actions. Thank you, Hon. Temporary Speaker.
The Hon. John Waweru.
Thank you, Hon. Temporary Speaker. I wish you a happy new year since this is the first time you are presiding over a Session this year. I want to thank the Nairobi County Member of Parliament, Hon. Esther Passaris, the Kenya Women Parliamentary Association (KEWOPA) under the leadership of Hon. Leah and all the women of this Parliament who have turned this Valentines Day into a day of reflections. Hon. Temporary Speaker, there is a lot to reflect on. Over the lunch break, I had a Valentine’s lunch with over 300 lady leaders from Dagoretti South Constituency. It was a great celebration. To my mind, of all God’s creation, I cannot imagine of a more beautiful creation than the women that God created. I rise to assure the ladies in this House that there are men who value women. I stand here to assure you that in Kenya, we have men who value women, not only the women in Kenya, but all of God’s creation. The statistics are alarming. We needed to be called to order. We are being told Kenya is ranking among the countries with the highest cases of femicide. This is not what Kenya should be proud of. When we bring this Motion to the House, we are talking about the image of a country that is just about to be known for killing its women. 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
I would not want us to waste this opportunity as a House to make it a session of lamentation. It ought to be a session where we decide what we have to do going forward. The act of killing is the final act in a long trail of things that happen before someone premeditates to kill an individual. It all starts with a thought. It starts in the mind. Judging from what we are seeing, we would not be wrong to say that ours is a very sick country. If you want to verify that, log on to social media and look at the conversations that are happening on the interwebs. You will see how nasty and toxic this country has become. An individual will set upon another individual that they know nothing about and tear them down on social media. That tells you about the mental state of this country. Before we began killing our women and girls, we started out by being an extremely mentally sick nation. As we seek a remedy, we will need to have a conversation on the mental health of this country. What is our national psyche? We will need to seek innovative approaches. The approaches can be supported by emerging technologies. Currently, we do not have any data that indicates who those killers are and what signs we should look out for in an individual who is predisposed to be a killer. We need to seek some innovative approaches. There is also the element of toxic masculinity. The power and strength that men have been given to protect their women and children is being misused. We must ask ourselves who the killer of women will be in 2030. Who is that young boy we are bringing up? What conversations are we having around the boy child? The boy child that we are bringing up today might end up being nastier than the men who are killing today. Allow me to conclude by saying that if we draw a dichotomy between men and women and point a finger at one gender, we will be doing the nastiest thing because we need that man to be the protector of girls and women. We need to bring up that boy who will sing that song of Solomon. Hon. Temporary Speaker, you are a poet and you know how Solomon celebrates his women. On this Valentine’s Day, we want to bring up that man who shall sing like Solomon and say, “Who is that young woman? She shines like the dawn. She is as pretty as the moon. She is as bright as the sun. She is as awesome as the stars in the sky.” That is what I see when I look at a woman.
(Hon. Omboko Milemba)
Thank you, Hon. Temporary Speaker. I stand with the women of this country, of the world and of God. Any life lost is one too many. There is no justifiable reason or cause for anybody to attempt to kill anybody else, be it a man or woman. More so, where we come from, women are treated as the tender gender. They are given special attention and any thought of killing a woman is considered repugnant and against the norm. I feel sorry for young girls who are lured into this kind of arrangement and end up in tears and with missing body parts, whereas they went to enjoy themselves like anybody else. I want to advise young men that they do not have to use force. It does not have to end in such a manner. Even if you are denied a chance, there is always another opportunity and another day. There is no reason at all to attempt to molest and kill anybody else. We must call security agencies to order. Many people who commit those crimes get off scot-free and are never apprehended or punished. Security agencies should take their work seriously because all crimes should be detected and punished. There is always a trace and circumstantial evidence at any crime scene to enable security agencies to identify criminals. As we talk about these issues, we must, therefore, invest in forensic research and evidence gathering to ensure that we avoid those kinds of things. The Government at one time invested heavily in Closed-Circuit Televisions (CCTVs) and monitoring systems. Where did they go? Why are they unable to track any movements of criminals of this nature? 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
We changed our Constitution in 2010 to allow every person accused of any offence to be granted bail. It is probably high time for the Judiciary to re-look at the terms and conditions under which a person who has committed a crime is granted bail. Many times, a crime is committed, the accused is granted bail on the same day, and then he or she goes back to intimidate the victims that he or she committed the crime against. It then becomes a vicious cycle. You commit a crime, get charged in court, get released, threaten the victims, and commit more crimes. We are seeing the few cases that have been reported. There are many cases that go un- reported because of the fear and stigma associated with them. We urge women and men to speak out and report immediately if they are victims of molestation. As I conclude, we have a saying in my community that isimba ikona vakhwane . Loosely translated, it means that you only go where you can rhyme. It is a rallying call to both boys and girls to be careful when they fall in love. In our days, we used to say that love is blind, but honestly speaking, it should not blind you to death.
(Hon. Omboko Milemba)
Thank you, Hon. Temporary Speaker. I want to join women in this House and country in reflecting on issues that directly touch on us. I want to start by thanking Hon. Esther Passaris for moving this very important Motion of adjournment for us to discuss and reflect on this evening. Death is final. My heart goes out to all parents who have lost their loved ones through the killings that have taken place in this country. I also want to reflect on and remember very promising young girls like Ivy Wangechi, the girl from Moi University, who was butchered with an axe. I remember Monica Kimani, a lady whose murder case judgement came out just the other day. She was killed in the most uncouth manner. She was butchered and her throat slit. I also remember Starlet Wahu, and a young promising university girl, Rita Waeni. The list is endless.
Hon. Temporary speaker, those young girls and the many other women who lost their lives died very painful deaths. It is very evident that they did not only die quietly, but they were butchered. They had their throats slit and heads severed from their body. We wonder whether the people who did this were normal or were under the influence of either drugs or completely intoxicated such that they could take away souls by severing the heads of people with whom they were going to make love. This society has lost it completely. When I grew up, I never witnessed a single person, man or woman, being killed by a lover. Here, we are talking about jealous, jilted lovers and many things that such young people think will end the suffering they are going through. I call upon the young men in our society and tell them that killing will not solve their problems, and that killing a woman is cowardice. Killing a woman is like wanting to end a generation. If all girls are killed, where will children come from? It is very painful. As we speak, a report done by the Nation Media Group dated 6th January 2024 - and this is data from the Moi University Teaching and Referral Hospital - shows that they receive 400 serious defilement and rape cases, majority of them being women aged 75 and girls as young as two months. As if that is not enough, the same report shows that in 2023, at least 152 women were killed, the highest in the past five years. Without mincing words, let me say that if the various security agencies do not take action and apprehend the evil people in our society, we are sitting on a time bomb. I also want to thank the security agencies and, more so, the Ministry of Interior and National Administration, because we cannot rush what they are doing….
You have had your bite. Hon. Dick Maungu. 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. Temporary Speaker. I also want to add my voice to this great debate, first and foremost, by applauding our sister, Hon. Passaris, for coming up with a timely motion at a time when the country poses many questions. We ended last year with such happenings and began this year again with many such happenings. One question that continues to ring in our minds is this: What became of men such that people who are supposed to be protectors and providers have turned out to be murderers who slit the throat of others? Therefore, I join my colleagues in saying that those acts should be stopped and condemned across this country. We want to bring up a generation of men and women who have respect for human life and the sanctity of life. From what we have been seeing on social media, it appears that we have a group of people amongst ourselves as men who have lost the definition of men and are now no longer protectors and providers but beasts. I am sorry to use that word. They have become people who behave like animals. I, therefore, join my colleagues in saying that this should be condemned, and the Ministry of Interior and National Administration should take a cue from us and ensure that justice is served to families that have lost their loved ones. It is high time, as a country, we had a public inquest into all those deaths to find out what happened and ensure that there is justice, equity and fairness to the many families that have lost their dear ones. Dating is not a crime and, therefore, it is also not a crime for a young girl to fall in love with a man. I have a case in mind where somebody went to the extent of having a testing kit to ensure that the lady was not HIV positive. He went ahead and dismembered the body of the lady after having had a good time with her. That was very inhuman. I want to inform our young girls that never again will we allow them to be in secret relationships with some of the people who kill them. Let them communicate with their parents or friends whenever they go out for a date. This is because some people have turned out to be murderers. As a leader and on behalf of my people in Luanda, I condemn this and say that we shall support the Government when it comes up with a policy to ensure that such people are taken in. Somebody once said that if you kill by the sword, you will die by the sword. There can be no better way to deal with those people than having them killed. A motion should be brought to this House where we shall declare that if somebody kills, the best thing should be that he should equally face the law by having his neck also chopped off if that is what it will take to stop the evil things in this country. I support the Motion. I also thank the Member of Parliament for Nairobi County for bringing this great Motion. Thank you.
Is Hon. Fatuma Masito in the House? Proceed.
Ahsante sana, Mhe. Spika wa Muda, kwa kunipatia nafasi hii niunge mkono Hoja ilioko mbele ya Bunge hili kuhusu mauaji ya wanawake ambayo yametanda katika taifa hili letu la Kenya. Pia, nampongeza dadangu, Mhe. Passaris, Mbunge wa Kaunti ya Nairobi. Pia nalipongeza shirika la Kenya WomenParliamentary Association (KEWOPA), ambalo tangu juzi limekuwa likitilia pondo swala hili. Wiki hii, Wabunge wanawake wa Bunge hili tunavalia mavazi ya rangi nyeusi. Hii ni ishara tosha ya kuwa wanawake wako katika msiba mkuu ambao umelisibu taifa hili juu ya mauaji ya wanawake wanaouliwa kiholela. Mambo ambayo wanawake wanayoyapitia yamekuwa kama mchezo wa paka na panya. Natoa rambirambi zangu kwa uchungu mkubwa sana nikiwa mwanamke ambaye anajua uchungu wa uzazi. Poleni sana kwa familia ambazo zimefikwa na misiba. Kuona mtoto wako wa kike ameuawa kiholela, pengine mtoto uliyemsomesha vizuri, anafanya kazi yake nzuri, na anaishi maisha yake mazuri; na wewe kama mzazi unafurahi ukiona mtoto wako wa kike anaendelea vizuri. Hakuna uchungu kama wa kumpoteza mtoto, uchungu ambao 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
wanawake huwa wanapitia. Sijui vile wanaume huwa wanasikia. Ni uchungu mkubwa kumpoteza mtoto wako kwa mauaji ya kikatili. Unaona msichana ameuawa, amekatwakatwa kama nyama ya mshakiki na imewekwa kwa mfuko wa karatasi. Hujui huyo muuaji alikuwa ana unyama kiasi gani. Sisi Waislamu tunasema dunia imefika mwisho. Haya ni mambo ambayo yametabiriwa katika Qur’ani tukufu. Utafika wakati binadamu watageuka kuwa wanyama na wanyama watageuka kuwa binadamu. Ni uchungu ulioje kwa Wakenya na wanawake kwa ujumla, na pia nimeona wanaume wakituunga mkono kwa sababu pia wao wanazaa watoto wa kike. Usalama wa watoto wetu uko wapi? Naiomba Serikali yetu ilioko--- Najua hii Serikali ingekua ya Mhe. Raila Amolo Odinga, haya mambo yangekuwa rahisi. Yule mzee ana huruma nyingine tofauti ya uzazi. Nashangaa nikiona Serikali haijafungua mdomo tangu majuzi haya maneno yalipoanza kutendeka. Kweli hawa ni wazazi? Kweli wanazaaa watoto wa kike? Kweli hawa wanazaa watoto hata wa kiume? Kwa sababu dhuluma ni dhuluma, Mhe. Spika. Siyo dhuluma ya mtoto wa kike pekee iliyo chungu. Dhuluma ya kumpoteza mtoto ni dhuluma, na ni uchungu kwa mzazi yeyote ambaye amezaa. Waswahili wanasema mwerevu---
On a point of order Hon. Temporary Speaker.
Order, Hon. Member. What is your point of order? Please give her the microphone. You have one now.
Thank you, Hon. Temporary Speaker. I rise to fault the Member. Is it in order for the Member to say our Government is not doing enough, while we have seen people being arrested? As we speak today, one is in jail. He is being taken back to the US. It is very disrespectful for a Member to disrespect our President, whereas this Government is doing all it takes to ensure every citizen in this country is safe.
Very well. The Hon. Member who was on the Floor, you may proceed. As much as possible, could we depoliticise this matter. It is very sensitive and sad. Proceed.
Ahsante sana, Mhe. Spika wa Muda. Yangu ni kusindikiza kwa kusema kuwa mjinga akierevuka, mwerevu basi yuko mashakani. Mnatuona sisi wanawake kuwa wajinga. Mnatufanyia vitendo vya kinyama lakini siku moja, mtatupata mbali tukierevuka. Pia, nasema kwamba ukimya si ujinga wala upumbavu. Mhe. Spika wa Muda, hili ni jambo la kusitikisha kwa wazazi, na inanifanya naongea mpaka nasikia nimeguswa kama mwanamke ambaye anapitia mambo haya. Ahsante sana. Naunga mkono Hoja hii ambayo imeletwa na dada yetu, Esther Passaris. Ahsante, Mhe. Esther Passaris.
Thank you. Hon. Cecilia Ngitit.
Thank you for giving me this opportunity to add my voice to the Adjournment Motion that has been brought up by Hon. Esther Passaris, the honourable County Member of Parliament for Nairobi. I do not know whether it is by design or coincidence that we are discussing evils that have come along with what is supposed to be called love, when the world is celebrating it. I think all the killings that are directed at women should just be brought to book. I like it when I hear that something is, at least, being done. However, whatever is being done is not enough. It even hurts more to realise that people who are not Kenyans carry some of those crimes here. The people we host, or our country gives home to are the ones who are hurting us most, and they walk scot-free. We have not seen them being deported or facing the wrath of the law. The position of a woman is very clear in the good book, the Bible. God has placed a woman in a place of honour. That is elaborate in that incident where our Virgin Mary conceived The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor
the saviour Jesus without the physical interference of a man. That alone shows the honour that God gives the woman. We could conceive without the physical interference of a man. I do not know what those men would have done to the Virgin Mary if they had been there that day. Thank God it happened those days. Whatever is happening in Kenya should not be happening. I like how Hon. Junet Mohammed was putting it. Those men should not be called men. Those are animals who have lost humanity. They are so inhuman. They are not even animals. Animals have some kindness. Those men cannot be described even as animals. They are the devils of the devil. Even the devil himself is wondering about those men, and what kind of devils they are. I want to talk to the Kenyan woman: Continue keeping strong. We are that strong and powerful gender. Even in the Bible, we were able to understand the snake’s language. We talked to those men, and they did what they did. The story goes on, as you know in the Bible. Women were the first to witness the rising of Christ. Women in the Bible have brought down powerful men. So, we are great people. Even to the men who kill us, we are the ones who conceive them. There cannot be a man without a woman. There can be a man and a woman with a woman. That is why I started by saying that the Virgin Mary conceived Jesus without the physical intervention of a man. That shows our power. I like how Hon. John Kiarie was putting it about the kind of a boy we are bringing up as parents of this country. What kind of parenting are we giving our children if those boys or men belong to this country? It starts from there. If you have given animosity to our children, they see it at the home level, and the mother being beaten by the father, they grow up with violence. They will grow up knowing that a woman is meant to be beaten and killed. I want to speak to the parents of this nation. When you have differences or fights, fight without your children seeing. Whatever we are seeing is a result of children who have seen parents fighting; they have seen violence as a normal thing; and they have carried it on. I was asking today, why do you kill a woman who has brought herself there? She has not ‘eaten’ fare. She has come. Why do you kill her, honestly? The women who have been killed took themselves there. They did not ‘eat’ fare. They went there. They trusted those men. Shame on you. Even shame on you is not even enough for you, the killers. We want to talk to the Cabinet Secretary for Interior and National Administration, Hon. Kithure Kindiki. Please take it up.
The interest in this matter is very high. You have had your bite. Hon. Naomi Waqo, let me thank you. You have not harassed me despite being in leadership. You have queued. Proceed.
Thank you for giving me this opportunity to add my voice to this very important Motion that is being debated. I also congratulate Hon. Esther Passaris and the Kenya Women Parliamentarians Association (KEWOPA) team for bringing this matter up. It is a very sad day for the women of this country. If you reflect or look at statistics, over 500 women and girls have been murdered in Kenya since 2016. This is quite huge. Unfortunately, women are so helpless when it comes to some situations. It is also known that femicide, as violence against women, is the current silent epidemic in Kenya. Today, we know very well that many young people, especially young women, are struggling in their marriages. It is simply because of gender-based violence. Women have no peace in their homes, especially in their bedrooms. Women have no peace in their workplace. Women have no peace, even in politics. Some people insult them, try to intimidate them, and use all manner of names to intimidate women and violate their rights. 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
Women in Kenya have no safe place to hide their heads. The idea of killing a woman in Kenya has become so common that no one is paying any attention. Thanks to women leaders today. They have passionately brought this matter out and said they are part of it. The female Members of Parliament decided to stand with the victims today by wearing black dresses. I also thank the men who have stood firm with us here and have encouraged women in our country.
is the most severe of gender-based violence (GBV). By the time a woman is killed, she must have gone through so much pain, and someone might have frustrated her to the point of killing her. When we talk of the women and the young girls being killed without mercy, they are our daughters, mothers, and sisters. It seems like Kenyan men are saying that they can do without women. That is impossible. After God created Adam, he realised that Adam could not do anything or even enjoy the Garden of Eden until a woman was created for him. Societies are made up of families, and when women experience these painful moments in their homes, we end up having an unhealthy society. Hon. Temporary Speaker, the statistics are alarming, and we must devise serious measures to safeguard and protect women. We demand serious action as soon as possible for this to stop. The families of those victims go through so much pain and trauma. We need to come up with policies that can support them. It is unfortunate that Kenya is ranking quite high in GBV cases, and we must do something as a nation. My advice to the young girls is to be careful with whomever they relate with. Thank you, and I support.
Hon. Rashid Bedzimba, the Member for Kisauni.
Ahsante sana, Mhe. Spika wa Muda. Kwanza, ningependa kumshukuru Mwenyezi Mungu kwa kutupa uzima, nguvu na uhai kuweza kurudi tena katika Bunge hili baada ya likizo ndefu. Nami pia nasimama kulaani kitendo cha mauaji ya wanawake. Hili si swala la viongozi wa kike pekee, bali ni wajibu wa Taifa nzima kulaani hawa mashetani wachache ambao wamechipuka sasa na wanaua wanawake kwa kuwakatakata. Sio wanaume wote wabaya; wengi wao ni wazuri. Mimi nimeishi na mke wangu zaidi ya miaka 30, na bado tunapendana sana kama watu waliooana jana. Pia nina binti mmoja, na tunaishi vizuri sana. Kwa hivyo, hiki ni kitendo cha mashetani. Hata mila zetu haziruhusu kutoa uhai wa mwanamke au binadamu yeyote yule. Katika dini ya Kiislamu, kama kuna vita vikali, tumekatazwa kuua wanawake na watoto. Kwa hivyo, wanaoua wanawake ni mashetani. Ni ombi langu kwa Kurugenzi ya Ujasusi na Jinai, na polisi wa kawaida kushirikiana ili wazuie maafa haya. Na kama jambo kama hili litakuwa limefanyika, isichukue zaidi ya wiki kuwashika wahusika. Hivi ndivyo tutakavyozuia maafa haya. Ikiwa tutawaacha wahusika kukaa miezi miwili kama hawajashikwa, tunawapa mashetani hao wengine nafasi za kuendeleza maafa haya. Kwa sababu wenzangu wengi bado wanahitaji kuzungumza, nasimama kulaani kitendo hiki. Naomba Mungu awalaze mahali pema waliotangulia. Ahsante sana.
Ahsante sana. Mhe. Ruweida Obo.
Ahsante sana, Mhe. Spika wa Muda kwa kunipatia nafasi hii ili nichangie. Kwanza, ningependa kumpongeza Mbunge Mwakilishi wa Wanawake wa Kaunti ya Nairobi, Mhe. Esther Passaris, kwa kuleta Hoja hii. Pia, namshukuru Mwenyezi Mungu kwa kuwa katika Eneo Bunge langu la Lamu Mashariki, hakujawahi kutokea mauaji kama haya ya kinyama. Wanaume wetu ni wastaarabu; hawaui wanawake. Nachukua nafasi hii kuwapongeza wanaume wote wa Lamu Mashariki. Ni kweli Lamu 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
Mashariki inakumbwa na shida nyingi sana, lakini, alhamdulilahi, tunashukuru Mwenyezi Mungu kwa kuwa kwetu hatujashuhudia mauaji ya wanawake. Hivi leo tunalia na Wakenya wengine. Si sawa wanawake kuuawa. Pia si sawa sisi kulaumu tu Serikali. Kwa maoni yangu, tunazo sheria nyingi kuhusu jambo hili, lakini hazitumiki. Jambo ambalo nataka kutilia mkazo sana ni namba ile ya dharura ya 1195. Wakenya wengi hawajui kuwa kuna namba ya dharura inayoshughulikia maswala haya. Namba hii hutumika masaa 24, na pia inapigwa bila malipo. Unapopatikana na tatizo lolote kama la ubakaji, ukipiga namba hii, unapata nusra na watu wa kukusaidia hata kama ni kwa mawazo au uelekezi. Naomba viongozi wote walioko hapa Bungeni waitangaze namba hii kila tunapoenda mashinani. Tatizo hili sio la wanawake pekee. Naomba Serikali iipatie nguvu namba hii. Kama ningeruhusiwa, ningeipiga sasa hivi ili kutoa mfano. Ni muhimu iweze kujulikana kote kwa kuwa ni ya msaada mkubwa kwa wanawake wetu ili wasipate shida kufikia mpaka kuuawa. Pili, kuna mikakati ambayo imewekwa tunayostahili kuboresha. Katika kila kituo cha polisi, kuna desk ya Gender-Based Violence (GBV) . Kama Wabunge na Serikali kwa ujumla, tunafaa kuelimisha watu wetu kuhusu desks hizi, na pia kuziboresha. Na je ni vipi tutaziboresha? Nilipokuwa Mwakilishi wa Wanawake Bungeni, nilitembelea kituo kimoja cha polisi, na hii desk ya GBV ilikuwa bila mtu. Ni muhimu desks hizi ziwe active . Pia Serikali kupitia kwa Inspector-General inapaswa kuajiri polisi wa kike wengi watakaosimamia desks hizo. Sio eti mwanamke akipigwa na mwanaume, anahudumiwa na mwanaume katika kituo cha polisi. Wanaume wengine hutetea tu wanaume. Kwa hivyo, ni muhimu desks hizo ziwezeshwe zaidi na pia waajiri wanawake zaidi. Mhe. Spika wa Muda, napinga vikali mauaji ya wanawake nchini. Wakati huu, naona wanaume kutoka sehemu zingine, kama unakotoka Spika wa Muda, mje Lamu muulize wanaume wetu kwanini hawawapigi au kuwaua wanawake. Ni kwa sababu wanatupenda sisi wanawake, na wanajua kuwa mwanamke ni kitulizo cha roho na hakuna haja ya kumpiga. Ahsante.
Order, Hon. Member. Do not use the Hon. Temporary Speaker as your example, especially of beating women. We do not do that. However, I thank you for your contribution. Next, let us have Hon. Irene Mayaka.
Thank you, Hon. Temporary Speaker. Allow me to take this opportunity to join my colleagues in thanking Hon. Esther Passaris for bringing this important Motion. I also acknowledge the ladies of KEWOPA who agreed to dress in black today in solidarity and as a reflection of the issues that are happening in our country. I also acknowledge the men who have demonstrated that they can be ‘He for She’ campaigners. They have also stood in solidarity in condemning those acts. As we all know, today is Valentine’s Day, but there is nothing to smile about. This is because, most of the time, the victims of femicide are as a result of intimacies that they have entrusted their partners with. They trust the male partners that they engage with to safeguard and give them love. Instead of that, we have situations where our young girls are being killed. I have said that they are young girls because in the statistics of our country, 45 per cent of those cases are of young girls aged between 15 and 19 years. This means those are young women who ideally are not in a state of mind where they can make decisions, especially when in a vulnerable state. Some of the reasons why we have those femicide issues are due to a cult tendency of the perpetrators. I am saying this because in the natural course of intimacy between a man and a woman, when someone gets to cloud nine, he is usually exhausted to the extent that he wants to lie down. I am trying to use the politest words possible. How does someone get the energy The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor
to wake up again and slit the throat of a girl or cut off her private parts? Then, that, in essence, is not a normal human being. That is someone who either belongs to a cult, is a witch, or is an evil person. Those are people who do not even deserve to get jail time. They deserve to get the equal punishment that they administered to their victims. We also notice that there is much objectivism of women out there. They are described by how they are dressed or their bodies, which is unfortunate. Ideally, the first thing that you should see in a human being is what she can bring forth in terms of her brain resources. It should not be about what her body looks like; and you can do something with it. This is objectivism. One of the preventive things that we need to do is to go back to the elements of basic human rights. As a country and people, we need to remind ourselves that it is incumbent upon us to protect the women and girls of this country. As another colleague said, when you are going to war, the women and girls are never involved. They are always protected. Can we go back to protecting them? Gender equality is also about the fairness of how society approaches and deals with different people. We cannot be in a spirit where women and girls, as I said earlier, are seen as objects rather than as equal partners in what we do. As I conclude, today is Valentine’s Day. I want to tell the young people of this country, especially the young women, that when they go out on a date with someone they do not know, they should, at least, inform their friends where they have gone. They should make sure that someone keeps checking on them and they keep updating them on where they have gone. Even if you take an Uber, you should at least send its details to someone else so that he can know where you have gone. Secondly, I would also like to address the Directorate of Criminal Investigations (DCI), which always sensationalizes and gives us information on these issues. Can we get reports in terms of progress on actions taken against those perpetrators? Finally, to the parents of the young men in this country, please, let us teach them to respect....
Hon. Mary Emaase.
Thank you, Hon. Temporary Speaker. At the outset, I want to congratulate the Member for Nairobi City County, Hon. Esther Passaris, for bringing up this very important Motion. I join my colleagues to mourn with the families that have lost their beautiful daughters, especially in the month of January. My friend has already alluded to the statistics, given that 500 women have been killed since 2016 to date. If the silent victims whose matters were swept under the table and have never had the courage to report were to report, I believe that number could be higher. Femicide cases have continued to rise. As women leaders, that is the reason we are speaking about it today. This calls for action. So, I call upon the Ministry of Interior and National Administration to take action and ensure all those cases that have been reported are investigated thoroughly and those found culpable are brought to book. Whereas we have a robust legal framework on gender-based violence matters, cases of violence continue to be reported. Therefore, it begs the question that there is more to this. We probably need to re-look at the laws. I support colleagues who have said that we need to review and make the laws more punitive. We probably need to withdraw the bail aspect and recommend life imprisonment for those who are found culpable. We cannot continue to lose women and girls every day as a result of gender-based violence. Some of them are killed by people who are known to them - former boyfriends, current husbands and boyfriends. We cannot continue to lose women in this manner. If it is a cult, the faster it is discovered and dismantled, the better for this nation. This is because we cannot continue like this. We must end femicide in this country. I would also like to advise the young people. As much as we appreciate technology and its benefits, we need to tread carefully and cautiously. You cannot meet someone on social media whom you have never seen before, and then you are invited into private spaces and rush. 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
You should take time. For the first meeting, meet someone in a public place. Please get to know him better before you join him in private spaces. Young people and everyone else should tread carefully. So long as you meet someone through social media, do not rush the relationship. We also have a problem with our social norms. Probably, there is a need for more awareness, education and public perception when it comes to social norms so that people begin to open up. The beginning of finding a solution to gender-based violence is for the security people or police officers. When a victim decides or chooses to report, can we begin to listen? Let us listen, trust and believe them, and then we can take action. Once that is done, it will form the beginning of the solution to the problem we face in areas around gender-based violence. Thank you, Hon. Temporary Speaker. Once again, I thank Hon. Passaris for bringing this Motion. We must speak and be heard because that is the only way we will fight against gender-based violence. Thank you.
On a point of order, Hon. Temporary Speaker.
Very well. What is your point of order, Hon. Ruku?
Hon. Temporary Speaker, I rise pursuant to Standing Order 35. Having looked around the House, there is no quorum and, therefore, we cannot transact any business.
Very well. As directed by the substantive Speaker earlier, this Motion was to run up to 6.15 p.m. The time is 6.15 p.m., but a Member has risen from his place and asked me to look into the issue of quorum. I can confirm that there is no quorum. Therefore, I ask the Serjeant-at-Arms to ring the Quorum Bell for five minutes.
Order, Hon. Members. Let me begin by thanking all those who have contributed and those who wanted to contribute to this Motion of Adjournment, which was key to the emerging issues of femicide in our country. As per our Standing Orders, whenever a Member rises under Standing Order 35 on quorum, the provision of the Chair or Speaker is limited to counting and making sure there is a quorum or not. Indeed, a Member has rose in his place and raised the quorum issue. I ordered the Serjeant-at-Arms to ring the Quorum Bell for 10 minutes. I can confirm again that we still do not have a quorum. Hon. Members, you may rise on your feet. Hon. Members, the time being 6.25 p.m., this House stands adjourned until Thursday, 15th February 2024, at 2.30 p.m