Hon. Members, we have more than the necessary quorum. Congratulations on your enthusiasm. You should keep the same spirit throughout the term and session so that we can better conduct business.

Members, take the nearest seats on whichever side you desire. Hon. Jehow, take the nearest seat. Hon. Members, I have a Message from the Senate. Pursuant to the provisions of Standing Order 45 (5), I wish to report to the House that I have received eight messages from the Senate regarding the passage of the following Bills: 1. The Houses of Parliament )Bicameral Relations) Bill (National Assembly Bill No. 44 of 2023); 2. The Cotton Industry Development Bill (Senate Bill No. 5 of 2023); 3. The Public Transport Motorcycle Regulation Bill (Senate Bill No. 38 of 2023); 4. The Public Finance Management (Amendment) Bill (Senate Bill No. 40 of 2023); 5. The Fire and Rescue Services Professionals Bill (Senate Bill No. 55 of 2023); 6. The Intergovernmental Relations (Amendment) Bill (Senate Bill No. 12 of 2024); 7. The Political Parties (Amendment) (No. 2) Bill (Senate Bill No. 26 of 2024); and, 8. The Elections (Amendment) (No.2) Bill (Senate Bill No. 29 of 2024). The first message conveys that on Thursday, 5th December 2024, the Senate considered and passed the Houses of Parliament (Bicameral Relations) Bill, (National Assembly Bill No. 44 of 2023) with amendments. In this regard, the Senate now seeks the National Assembly's reconsideration of the Bill in accordance with the provisions of Article 112 of the Constitution. The second Message relates to the passage of the Cotton Industry Development Bill, (Senate Bill No. 5 of 2023). The Message conveys that the Senate considered and passed the National Assembly's amendments to the Bill on Wednesday, 4th December 2024. Members will recall that in accordance with the provisions of Article 112 of the Constitution, the National Assembly considered and passed the Bill with amendments on 14th August 2024 and referred 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 to the Senate for consideration. The passage of the Bill by the Senate in the form passed by the National Assembly, therefore, concludes the bicameral consideration of the Bill. The third Message relates to the passage of the Public Transport (Motorcycle Regulation) Bill, (Senate Bill No. 38 of 2023) (what is commonly called the Boda boda Bill). The Message conveys that the Senate considered and passed the Bill with amendments on Thursday, 5th December 2024. The Bill seeks to provide for a regulation of the boda boda industry and for connected purposes. The fourth Message relates to the passage of the Public Finance Management (Amendment) Bill, (Senate Bill No. 40 of 2023) published vide the Kenya Gazette Supplement No.160 dated 1st September 2023. The Bill seeks to amend the Public Finance Management Act CAP 412A to inter alia, require county governments to develop and implement a county revenue collection system and to provide for the process of funding functions that have been transferred from one level of government to another under Article 187 of the Constitution. The Message conveys that on Thursday, 5th December 2024, the Senate considered and passed the Public Finance Management (Amendment) Bill, (Senate Bill No. 40 of 2023) with amendments. The fifth Message relates to the passage of the Fire and Rescue Services Professionals Bill, (Senate Bill No. 55 of 2023). The Message conveys that the Senate considered and passed the Bill with amendments on Thursday, 5th December 2024. The Bill seeks to provide for the establishment, administration, powers and functions of the Fire and Rescue Services Professionals Board, the examination, training, registration and licencing of Fire and Rescue Services Professionals and for connected purposes. The sixth Message relates to the passage of the Intergovernmental Relations (Amendment) Bill, (Senate Bill No. 12 of 2024). This Bill seeks to amend the Intergovernmental Relations Act, CAP 265F to establish a structured framework for intergovernmental relations to enhance relations among the national Government, county executive and county assemblies. The Message conveys that the Senate considered and passed the Bill with amendments on Thursday, 5th December 2024. The seventh and eighth messages relate to the passage of the Political Parties (Amendment) (No. 2) Bill, (Senate Bill No. 26 of 2024), and the Elections (Amendment) (No. 2) Bill, (Senate Bill No. 29 of 2024). The Bills seek to amend the Political Parties Act, CAP. 7D and the Elections Act, CAP. 7 to actualise some of the recommendations and views of the public submitted to the National Dialogue Committee (NADCO) during the national dialogue discourse on issues of electoral justice and related matters. The messages convey that the Senate considered and passed the two Bills with amendments on Thursday, 5th December 2024. With regards to the Senate Amendments to the Houses of Parliament (Bicameral Relations) Bill, 2023, the schedule of amendments is hereby referred to the Department of Committee on Justice and Legal Affairs for consideration and reporting. With regard to the Senate Bills, Members will note that Standing Orders require the Speaker to cause a Bill received from the Senate to be read a First Time upon conveyance of its Message. In view of this, and in order for the House to commence the consideration of the Senate Bills, I hereby direct the Clerk to schedule the Bills in the Order Paper for First Reading in the next Sitting. Thereafter, the Bills stand committed to the following Departmental Committees: 1. The Public Transport (Motorcycle Regulation) Bill, (Senate Bill No. 38 of 2023), to the Department of Committee on Transport and Infrastructure. 2. The Public Finance Management (Amendment) Bill, (Senate Bill No. 40 of 2023), to the Departmental Committee on Finance and National Planning. 3. The Fire and Rescue Services Professionals Bill, (Senate Bill No. 55 of 2023), to the Department of Committee on Regional Development. 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.

4. The Intergovernmental Relations (Amendment) Bill, (Senate Bill No. 12 of 2024), to the Department of Committee on Administration and Internal Security. 5. The Political Parties (Amendment) (No. 2) Bill, (Senate Bill No. 26 of 2024) and the Elections (Amendment) (No. 2) Bill, (Senate Bill No. 29 of 2024), to the Department of Committee on Justice and Legal Affairs. The House is accordingly guided and I thank you. Members at the back, take the nearest available seats.

As we do so, allow me to acknowledge, seated in the Public Gallery, students from Kenya Institute of Management, Nairobi Campus, Nairobi City County. I also wish to welcome Magomano Girls’ High School from Kinangop, Nyandarua County. On behalf of myself and the House, we welcome them to the House of Parliament for this afternoon's Sitting. Hon. Thuku Kwenya has asked me for a minute to welcome the school from his constituency. You have strictly one minute, Hon. Kwenya.

You are not allowed to wave at people in the Gallery.

Hon. Speaker, I am waving at the Clerk-at-the- Table for him to spot where I am sitting. I thank you for giving me this opportunity to welcome a great school in my constituency by the name of Magomano Girls’. I want to assure them that the Parliament is a beautiful place to be and to work. Given the opportunity, they now have a dream of a place where they would wish to work and/or even represent their constituents, maybe, later in their lives. They are and should feel most welcome. This is Parliament where we say it is a place of record and decorum. Thank you, Hon. Speaker.

Record and decorum, sometimes!

Hon. (Dr) Nyikal, take your seat! Otherwise, you will stand for a little long. The Member coming in, take your seat. Next Order. Hon. Members, before I go back to the Communication, I received a note from Hon. (Dr) Robert Pukose, the Chairperson of the Departmental Committee on Health to the effect that he has travelled out of the country and he has designated Hon. (Dr) James Nyikal to lay on the Table the Statement on the SHA issue that we raised in Naivasha. Hon. (Dr) Nyikal, are you ready with it?

Hon. Chair, is it to lay or to deliver?

This is not the Chair! This is the Speaker. To deliver.

I am sorry Hon. Speaker.

To deliver if you are ready before I give my ruling.

Then I will give it to the Clerk-at-the-Table.

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The direction was that the Statement was to be presented to the House. Members will not know the content until they look for it after a long while and yet, the issue is that it is of public interest and everybody wants to know what you are saying.

Hon. Speaker, do we do that before we get into the business of the House?

It is part of the business of the House. If you have it ….

Hon. Speaker, then I am not in a position to move it now.

If you are not, that is okay. I was also requested by two Members, Hon. Dawood and Hon. Shakeel Shabbir, to eulogise the passing on of His Highness Prince Aga Khan, the spiritual leader of the Ismailia Muslim Community. Between the two, I do not know who will go first. Do you have to do both?

Yes. Who is the senior? I will start with the senior. Hon. Shakeel Shabbir, you will start and then Hon. Dawood will follow.

Thank you, Hon. Speaker. I would like to present a tribute to the Aga Khan of the Ismailia Muslim Community, in respect of the passing away of Prince Kareem Aga Khan, whose visionary leadership and unwavering commitment have left an indelible mark on Kenya. He was a beacon of hope for millions around the country. His Highness was the 49th Hereditary Hiram of the Ismailia Muslims and passed away on the 4th of February 2025, leaving a legacy of compassion, education and humanitarianism. In Kenya, the Aga Khan's contribution has been transformative across various sectors. His Highness established the Nation Media Group in 1959, which has been the cornerstone of press freedom and media excellence in East Africa. Through the Aga Khan Fund for Economic Development, he founded Serena Hotels, promoting tourism and economic growth, while preserving cultural heritage and environmental sustainability. The Aga Khan Education Fund also established Aga Khan schools across the country. The Aga Khan Primary School in Kisumu, where I studied, was a source of pride, producing generations of well-educated individuals who continue to contribute to the nation’s development. That institution was recognised as the top school for several years. The Aga Khan hospitals in Nairobi, Mombasa and Kisumu and the Aga Khan University Hospital stand as a beacon of quality health care, providing cutting-edge medical services and reducing the need for Kenyans to seek treatment abroad. His Highness also played a pivotal role in education and established the Aga Khan academies in Mombasa and Kisumu. As we mourn the loss of His Highness, let us also celebrate his remarkable achievements and the enduring impact of his work in Kenya and East Africa. May his legacy inspire us to strive for a more compassionate world. Thank you, Hon. Speaker.

Thank you. Hon. Dawood Rahim.

Thank you, Hon. Speaker. I want to give a tribute to the late His Highness the Prince Aga Khan Al Husseini, Aga Khan IV. Pursuant to Standing Order 43(1), I rise with a heavy heart to pay tribute to our towering figure, whose legacy of service, wisdom and compassion has left an indelible mark on our world. The late His Highness was the founder and Chairman of the Aga Khan Development Network Foundation. The late was not only a spiritual leader, but also a visionary humanitarian and a champion of progress, whose impact transcended borders, faiths and generations. 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.

over six decades, the Aga Khan dedicated his life to uplifting communities, advancing education, strengthening healthcare and fostering economic development. His leadership of the Ismaili Muslim community was marked not only by spiritual guidance, but also by the unwavering commitment to pluralism, unity and the dignity of all people, regardless of their background. Through the Aga Khan Development Network, he transformed lives in ways few have ever done. The late understood that leadership is not measured by power but, rather, by service. He stood as a bridge between civilisations, a voice of reason in times of division and a steadfast believer in the power of knowledge. His advocacy for inclusivity and social cohesion remains an inspiration to leaders across the globe. His legacy continues through the institutions he built, the lives he changed and the values he instilled in all who had the privilege to know him. May I extend my deepest condolences to the family, friends and community of the Aga Khan as we honour the life of an extraordinary person. We give thanks for his boundless contributions and pledge to carry forward his vision of a more just, compassionate and enlightened world. May His Highness the Aga Khan rest in peace. We congratulate His Highness Prince Rahim Al Husseini, the Aga Khan V, on his ascension yesterday to the imamate. Thank you, Hon. Speaker.

Yes, Hon. Passaris, is it on the same issue?

Thank you, Hon. Speaker. I just thought in the interest of gender, we should also have a woman speak to the passing of Prince Karim Al Husseini, Aga Khan IV. What I know is that, as soon as he assumed office at the age of 20, he passed two resolutions to amend the constitution. The first one was that if a family has children, girls and boys, and they have limited resources, the girls should be given the possibility of going to school. He believed in gender empowerment; he believed that women and girls should be given equal opportunity. If resources were less, girls should be promoted to study. He also started the Aga Khan housing projects, because he believed that every family should own a home. We stand in solidarity with the Ismailia community. Having been a beneficiary of the Aga Khan’s projects, in the sense that I went to the Aga Khan Primary School and the Aga Khan Secondary School. I pay condolences to the entire Ismailia Community and we thank the Aga Khan Foundation for all the work that they do. We congratulate the new Prince on assuming the position. Thank you, Hon. Speaker.

Hon. Members, order. We recognise the outstanding work to humanity by the late Prince Aga Khan. Each one of us here has, in one way or another, been touched by the work of the Aga Khan. Either you have gone to Aga Khan Hospital, Aga Khan schools, Serena hotels or you have read the Nation newspaper. In whichever way, you have been touched. I request the House, with great humility, to stand for a minute of silence in honour of the late Aga Khan.

Thank you. I will go back to Communications. Those on their feet, take your seats. Hon. Kiamba and Hon. Sabina Chege, take your seats.

Hon. Members, I have a Communication to make on the leadership and continuity of the business of the House in the Fourth Session of the 13th Parliament. During the afternoon Sitting of Tuesday, 11th February 2025, the Member for Suba North, Hon. Millie Odhiambo-Mabona, rose on a point of order about the designation of the Majority and Minority parties in the House and their respective leadership. In the point of order, she noted that she had been aware of a judgement of the High Court in Nairobi, High Court Case Number E202 of 2023, Kenneth Njagi Njiru versus State Law Office and Jubilee Party of Kenya, where the court had declared the ruling contained in the Communication made on 6th October 2022 on the Majority and Minority parties in the National Assembly as unconstitutional, null and void. In her view, the judgement declared the Azimio la Umoja One Kenya Coalition Party as the Majority Party. Hon. Millie further noted that she had submitted a letter to the Speaker seeking the recognition of Azimio la Umoja One Kenya Coalition Party as the Majority Party and conveying the names of Hon. Junet Mohamed as the Leader of the Majority Party and Hon. Robert Mbui as the Deputy Leader of the Majority Party. She concluded by seeking that the Speaker recuse himself from presiding over the proceedings and allow the Deputy Speaker to recognise Azimio la Umoja One Kenya Coalition Party as the Majority Party, with Hon. Junet Mohamed as the Leader of the Majority Party and Hon. Robert Mbui as the Deputy Leader of the Majority Party. Notably, Hon. Millie seems to have conveniently forgotten the fact that the Deputy Speaker is also a member of a political party and represents a constituency. As such, her concerns of impartiality would still have arisen if the Deputy Speaker was in the Chair. Indeed, this applies to all Members of the Speaker’s Panel. At the beginning of the debate, I gave Hon. Members some general direction on the issues from the judgement as I understood them, including the fact that the judgement did not bar the Speaker from presiding over the House. In the issues from the judgment as I understood them, including the fact that the judgment did not bar the Speaker from presiding over the House, indeed, the issue of how a vacancy arises in the office of the speaker is expressly provided for in Article 106(2) of the Constitution. Arising from the point of order raised by Hon. Millie Odhiambo-Mabona, no less than 58 other members contributed to the debate that arose with a number raising additional points of order. These included: 1. Deputy Speaker, Hon. Gladys Boss, MP. 2. Hon. Kimani Ichung’wah, MP. 3. Hon. Junet Mohamed, MP. 4. Hon. Adan Keynan, MP. 5. Hon. Silvanus Osoro, MP. 6. Hon. Sabina Chege, MP. 7. Hon. Christopher Wangaya, MP. 8. Hon. David Ochieng’, MP. 9. Hon. George Murugara, MP. 10. Hon. Joseph Makilap, MP. 11. Hon. Omboko Milemba, MP.

Other Members who contributed on the point of order were:

12. Hon. Major (Rtd) Abdullahi Sheikh, MP. 13. Hon. Betty Maina, MP. 14. Hon. John Kiarie, MP. 15. Hon. Timothy Kiphumba, MP. 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.

16. Hon. Raphael Wanjala, MP. 17. Hon. John Chikati, MP. 18. Hon. Zaheer Jhanda, MP. 19. Hon. Robert Mbui, MP. 20. Hon. Dorice Donya, MP. 21. Hon. Wanami Wamboka, MP. 22. Hon. (Dr) Otiende Amollo, MP. 23. Hon. Caroli Omondi, MP. 24. Hon. Mwengi Mutuse, MP. 25. Hon. Duncan Mathenge, MP. 26. Hon. Didmus Barasa, MP. 27. Hon. Jane Kagiri, MP. 28. Hon. Emmanuel Wangwe,MP. 29. Hon. Peter Kaluma, MP. 30. Hon. (Dr) Lillian Gogo, MP. 31. Hon. Gideon Kimaiyo, MP.

Additionally, the following Members contributed to the debate.

32. Hon. Nabii Nabwera, MP. 33. Hon. Marianne Kitany, MP. 34. Hon. Parashina Sakimba, MP. 35. Hon. Atieno Bensuda, MP. 36. Hon. Ruweida Mohamed, MP. 37. Hon. (Dr) Makali Mulu, MP. 38. Hon. Chiforomodo Mangale, MP. 39. Hon. Gichimu Guthinji, MP. 40. Hon. Majimbo Kalasinga, MP. 41. Hon. (Dr) Robert Pukose, MP. 42. Hon. Julius Mawathe, MP. 43. Hon. Kassim Tandaza, MP. 44. Hon. Dekow Mohamed, MP. 45. Hon. Alice Ng’ang’a, MP. 46. Hon. TJ Kajwang’, MP. 47. Hon. (Dr) James Nyikal, MP. 48. Hon. Ruth Odinga, MP. 49. Hon. Ruku GK, MP. 50. Hon. (Dr) Ojiambo Oundo, MP. 51. Hon. Bisau Kakai, MP. 52. Hon. Titus Lotee, MP. 53. Hon. Ferdinand Wanyonyi, MP. 54. Hon. Kuria Kimani, MP. 55. Hon. John Koyi, MP. 56. Hon. Rahim Dawood, MP. 57. Hon. Gonzi Rai, MP. 58. Hon. Moses Kirima, MP.

In a broad summary, the ensuing debate crystallised the following issues: 1. Whether the court in its findings designated any party as the majority party or any party as the minority party in this House and, if in the affirmative, whether The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

this was an invitation to the Whips to invoke the provisions of Standing Orders 19A and 20 on the submission of freshly elected party leaders. 2. What were the implications of the judgment of the continuity of the business of the House, noting that the court expressly declined to grant the prayers sought by the petitioners to declare Azimio la Umoja One Kenya Coalition Party, as the majority party and Kenya Kwanza as the minority party? 3. Whether the judgment rendered the constitution of the House Business Committee, which is the core business at the first sitting of the House in a new session, impossible. 4. Whether the judgment rendered the transactional business of the House impractical and, if in the affirmative, whether any intervention ought to be made so as to facilitate the National Assembly to continue discharging its constitutional responsibilities. 5. What were the specific findings of the court in the judgment in question, and what is the effect on the proceedings and resolutions of the House in the pre- judgment 13th Parliament? 6. Whether the judgment affects other facets of the House that are determined by the relative majorities and coalition agreements, such as the deputy party leaders, whips, chairs, chairing and membership of all House Committees, membership of the Parliamentary Service Commission, nominations to the Independent Electoral and Boundaries Commission selection panel, and the Commission on Revenue Allocation. 7. Whether the Speaker is a Member of the House and how this relates to his political rights and party affiliation and how the role of the Speaker in the House relates to the principle of impartiality. 8. Whether certain aspects of the judgment violated the doctrine of separation of powers by constituting judicial encroachment into: (a) The internal affairs of the Legislature contrary to the spirit of Article 124 of the Constitution that empowers each House to regulate its own procedure and then the attempt by the courts to prescribe a procedure for the Houses may stifle the ability of the House to discharge its constitutional mandate. (b) The powers, privileges and immunities accorded to the House and its membership by Article 117 of the Constitution, in matters done by Parliament officially in the furtherance of its constitutional mandate, will attract personal liability. While contributing to the debate, Hon. Mwengi Mutuse tabled a letter dated 30th January 2024 from the Register of Political Parties indicating that the Maendeleo Chap Chap had exited the Azimio la Umoja One Kenya Coalition Party with effect from 25th January 2024. On her part, the Deputy Speaker, Hon. Gladys Boss, submitted that upon receipt of the judgment, while discharging the role of the Speaker in the absence of the Speaker who was out of jurisdiction, she instructed the Clerk of the National Assembly to seek information from the Registrar of Political Parties with respect to the status of membership of the 21 parties represented in the House in any coalition and to request for certified copies of the relevant coalition agreements. At the conclusion of the debate, the Deputy Speaker tabled a response from the Registrar of Political Parties referred as Request for Information on Coalition Agreements dated 11th February 2025. Annexed to the response were certified copies of coalition agreements relating to: 1. The Azimio la Umojo One Kenya Coalition Party. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

2. The Kenya Kwanza Alliance Coalition. 3. The Kenya Kwanza Alliance Coalition and the Democratic Party. 4. The Kenya Kwanza Alliance Coalition and the Grand Dream Development Party. 5. The Kenya Kwanza Coalition and the National Agenda Party of Kenya. 6. The Kenya Kwanza Alliance Coalition and Chama cha Mashinani (CCM). 7. The Taifa Democratic Coalition. Consequently, Members, I undertook to consider the concerns raised by the Members and documents tabled by Hon. Mwengi Mutuse and the Deputy Speaker and to guide the House at this Sitting. At the very outset, I wish to note that the judgment seems to have created an element of unprecedented confusion in the affairs of the House. This has affected the manner in which I have now been called upon to guide the House in light of the patent contradictions I have noted in the letter submitted by Hon. Millie Odhiambo-Mabona. In communicating confirmation of Members of the Azimio Coalition as the majority, Hon. Millie Odhiambo-Mabona signs off as the Majority Party Whip, National Assembly, against a letterhead that also designates her as the Minority Chief Whip.

The letter also fails to attach any records of any meeting which the alleged the decision of the coalition was made as required by the very Standing Orders 19A and 20 that she quoted and invoked. Viewed in isolation, the letter is, in law, defective. Nevertheless, I will allow the Hon. Member some latitude in the light of the prevailing confusion. Hon. Members, I have read the judgment, and it has been explained to me at length by our very able legal team. I find it quite unfortunate that misleading assertions have been made with respect to the findings of the court.

Hon. Raphael Wanjala, keep your cool. Majority of the reporting has failed to note that the matter before the court related to a mixed bag of prayers sought by petitioners touching on the pending disputes in the Jubilee Party, the Finance Bill, 2023, requests for a section of Kenyans not to pay taxes, and deeming of certain Members to have resigned from their political parties, among others. A reading of the judgment reveals glaring factual and legal contradictions. I instructed that an appeal be lodged against the judgement forthwith. My guidance to the House should not be construed as a review of the findings and orders of the Court, as that remains within the province of the Judiciary. With respect to the issues raised by Members, I can only pronounce myself on matters that are necessary to facilitate the continuity of the business of the House. Consequently, the guidance I am about to give shall strictly confine itself within those parameters. I wish to note that out of 34 prayers expressly sought by the petitioners, the High Court in its findings only granted three prayers and expressly declined the other 31 prayers. Paragraph 508 of the judgment reads, and I quote: “In the ultimate, we allow the petition to the following extent: 1. It is hereby declared that the question as to which party or coalition of parties is the majority in the National Assembly in the 13th Parliament was determined by the sovereign will of the Kenyan voters during the 9th August 2022 General Elections. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

2. It is hereby declared that the Hon. Speaker's ruling or determination contained in his Communication from the Chair made on 6th October 2022 on the Majority and Minority in the National Assembly violated Article 108 of the Constitution and, therefore, it is null and void. 3. It is hereby declared that the Hon. Speaker's ruling or determination from the Chair on 6th October 2022 with respect to leadership of the National Assembly on account of his determination of the Majority and Minority Parties in the National Assembly is contrary to and violated Article 108 of the Constitution and, to that extent, it is null and void. 4. An order of certiorari is hereby issued quashing the Hon. Speaker's ruling on determination contained in his Communication from the Chair made on 6th October 2022 on the Majority and Minority parties in the National Assembly. 5. Subject to the foregoing orders, the rest of the prayers in the Petition are declined. 6. Parties will bear their respective costs.” Hon. Members, Finding No.5, in which the Court declined to grant the rest of the prayers sought by the petitioners is quite instructive. To put it in its proper perspective, I note that in paragraph 33 appearing on page 6 of the judgement, the petitioners had expressly sought from the Court the following prayers, amongst others: (d) That a declaration be issued to declare that the Azimio la Umoja

On a point of order, Hon. Speaker.

Yes, Hon. Millie. This was your point of order. Hon. Members, I am not opening any debate. I am giving Hon. Millie the chance because she was the owner of the point of order. After she finishes, we will go to the next Order.

Thank you, Hon. Speaker. In compliance with Standing Order 87(2)…

Hold on.

I just want to indicate that in compliance with Standing Order 87(2), I am not going to raise any issues regarding ….

Let me have my Standing Orders. Go on now.

Thank you, Hon. Speaker. I just want to say that in compliance with Standing Order 87(2), I will not raise any issues regarding the Communication that you have just given. I am a very law-abiding citizen. I am also cognisant of our Standing Orders.

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Further, Hon. Speaker, I also wish to indicate that as Azimio la Umoja-One Kenya Coalition and much more so, those of us who are keen on ensuring that Baba clinches the African Union Chairmanship position, we want to be sure that we follow the rule of law. We support a broad government which is not based. We are encouraging the Government to be both broad and based. It is broad but not based. For those who have not learnt literature, understand what I am saying: This Government is broad but it is not based. Do not call us to be in a broad-based government. It has to be a broad-based government. Hon. Speaker, I also want to say that as Azimio, we follow…

No! I am not going to congratulate you.

Ignore him.

This one is purporting to harass me but I will ignore him.

Ignore him. You are more senior.

He should listen to me. I am ignoring him.

Hon. Osoro, Hon. Millie Odhiambo is your learned senior. Listen to her.

Yes. But Hon. Speaker, do not even worry. I can handle him. I am capable in all manner to handle him.

Hon. Speaker, as Azimio, we are adherents of the rule of law. As those who adhere to the rule of law and just the way you say we speak as lawyers, I want to indicate that as Azimio, we respectfully disagree.

Thank you.

I will not go the substance but we respectfully disagree with your Communication. There is a philosophy in my local community that says, “ ng’ama tek onyono kwesi

Meaning?

When a strong man steps on your mother’s pipe, you tell your mother to remove her pipe. That philosophy was relevant in the generation of my mother. In my generation, if a ng’ama tek onyono kwesi meru, you point at the eyes of ng’amatek respectfully. So, Hon. Speaker, today you are ng’amatek — a strong man. You are stepping on my mother’s pipe. I will respectfully tell you that, I do not agree with you as a strong man and that, you are stepping on my mother’s pipe. As Azimio, we are going to take further action until you stop stepping on my mother’s pipe. I respectfully note your Communication.

Thank you, Hon. Millie Odhiambo.

Order! I am not opening any debate. Hon. Millie Odhiambo, that is how the law works. It is not necessarily popular or likable. It is just the law. Charles Dickens said it is an ass. It is the law. When you obey the law, sometimes you may step on somebody and other times you may not. However, the law remains the law. In the law and our Constitution, we trust. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Finally, I want to join all of you in wishing our patriarch and leader, Hon. Raila Amolo Odinga, success in the election as the Chairman of the African Union Commission.

Yes.

The first vote to be cast will be that of President William Samoei Ruto of Kenya. Hon. Millie Odhiambo, I have also directed the Leader of the Majority Party and his counterpart, after this ruling, that in constituting Committees, they should go beyond broad and base.

Order. I will not open any debate. Next Order.

Order, Hon. Wanjala.

Leader of the Majority Party.

Order, Hon. Members. Those who are recessing, do it quietly.

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 171(1)(f), this House approves the appointment of the following Members to the House Business Committee in addition to those specified under paragraphs (a), (b), (c), (d) and (e) – (i) Hon. Omboko Milemba, MP. (ii) Hon. Robert Mbui, MP. (iii) Hon. Faith Wairimu Gitau, MP. (iv) Hon. Samuel K. Chepkong’a, MP. (v) Hon. Adan Wehliye Keynan, MP. (vi) Hon. Tom Joseph Francis Kajwang’, MP. (vii) Hon. Sarah Paulata Korere, MP. (viii) Hon. Joshua Mbithi Mwalyo, MP. (ix) Hon. Umul Ker Kassim Sheikh, MP.

On a point of order, Hon. Speaker.

Who is rising on a point of order?

It is me.

Hon. TJ, you cannot call for order when you are not orderly. What are you doing where you are? We have moved to the next Order. Proceed, Hon. Ichung’wah.

On a point of order, Hon. Speaker.

What is your point of order, Hon. Millie.

We want Hon. Junet to speak. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Pardon?

Why is he being denied a chance to speak?

I did not give a chance to anybody except the Mover of the Motion. Go on, Hon. Ichung’wah.

Hon. Speaker, as Hon. Members may be aware, this is a very critical Committee. The other Members of the Committee sit there by virtue of their offices.

With those few remarks, I beg to move and request Hon. Adan Keynan to second.

Hon. Keynan.

I second.

Order, Hon. Members. Take your seats. Hon. Millie's point of order was not a party point of order, but one by the distinguished Member for Suba North. Upon delivering the Communication, I dutifully gave her an opportunity to say what she said, and that ended that matter. We are now on Order No. 8.

Hon. Wamboka, I am proposing the Question. I have not put any Question. You are actually out of order.

Hon. Cynthia.

Thank you, Hon. Speaker, for giving me the opportunity to make a comment regarding the House Business Committee that has been constituted. These are Members who sat in the same Committee last time, and they did a beautiful job. I support their nomination back to the House Business Committee. It must be noted that the House Business Committee is the engine of this House, and we appreciate their willingness to run the business of this House. I support their nomination and urge Members of this House to support it, so that we can start and continue the business that is important to this House. We must serve Kenyans by ensuring that Members of the House Business Committee are able to schedule business and dispense matters that are of concern to Kenyans. I support.

Hon. Junet

Order, Hon. Members standing around Hon. Junet. Hon. Junet, take your seat for a minute.

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Hon. Members.

On a point of order, Hon. Speaker.

Order! Hon. Junet, just hold. Order! Hon. Babu Owino, take your seat. When the Speaker calls you out, you do not have to stand up. This is not a classroom. You are rarely in this House, and when you come, you want to cause disorder. Take your seat.

Order! Hon. Junet, present your point of order.

Hon. Speaker, I have no intention to speak about your ruling; I want to speak on the matter that is before the House. Under instructions from our Parliamentary Group, before you put the Question, I have been asked to convey to you on the Floor of the House that we have withdrawn our Members from the House Business Committee. It will be a nullity for the House to pass the membership from our side. You may now consider me as the Leader of the Majority or Minority Party, whichever way you can take.

Hon. Junet, a Question has already been proposed.

Hon. Ichung’wah, I call upon you to reply.

Thank you, Hon. Speaker. In replying, the House Business Committee is properly and duly constituted, with or without the participation of the four Members of the Azimio Coalition, and it will sit. Hon. Speaker, as the Chairman of the House Business Committee, you will advise us on when to have our first sitting, hopefully after the adjournment of this House this afternoon, so that we may schedule business that concerns Kenyans. What we have been engaged in since yesterday does not concern Kenyans who have sent us to represent them in this House. What we have been engaged in from yesterday up to the drama that you have witnessed touches on leadership positions by leaders in the House. What matters most to all of us are the leadership positions that have been given to us by our constituents as their representatives, and that is what we should put ahead of any other consideration. Yesterday, I mentioned that the perks of the Leader of the Majority Party are similar to those of the Leader of the Minority Party. These seats are not personal to anyone. The small sitting allowance that Chairpersons of Committees get is not even commensurate with the amount of work that they, along with their Vice-Chairpersons, put in and the sacrifices they make. Therefore, I implore all our Members, including my brothers and sisters from the Azimio Coalition, to prioritise the people that they represent over their own interests as leaders and conduct the business of the House by addressing the pertinent issues that concern Kenyans today. 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 you had indicated, we have business to reconstitute all the 18 committees whose terms have come to an end, some of which have a huge implication on the lives of our people. Students in both primary and secondary schools are waiting for school capitation. Yesterday, the Cabinet approved the Supplementary Appropriations Bill, and this is the money that Kenyans are waiting for to go to our children—not just for bursaries, but also for school capitation, which will enable the Government to hire the additional 20,000 teachers who will help in our schools. These are the issues that should concern us now. I urge that you convene the House Business Committee, hopefully immediately after this vote, so that we can schedule business and reconstitute those Committees that will help us to pass the Budget Policy Statement for this year, as well as the Supplementary Appropriations Bill that will be coming to this House in the next few days. Thank you. I beg to reply.

Put the Question.

Hon. Members, before I put the Question, it is important that we put certain matters in proper perspective. Standing Order 58 reads as follows: “After the Question has been proposed on a Motion, the Motion shall be deemed to be in the possession of the House, and such Motion shall not be withdrawn without the leave of the House”. Secondly, I received communication from Hon. Kimani Ichung’wah and Hon. Junet Mohamed, and I want to put it on record so that it is clear to all Kenyans. Hon. Kimani Ichung’wah wrote to the Clerk of the National Assembly, Mr Samuel Njoroge, on 6th February, after I had spoken personally to both Hon. Ichung’wah and Hon. Junet, asking them to propose names to the House Business Committee. Hon. Ichung’wah wrote: Dear Sir, Reference: Nomination of Kenya Kwanza Alliance Members to the House Business

Committee. Further to your letter referenced NA/L&P/HBC/2025/CORR(001) dated 3rd February

2025, I hereby submit the following names of Members of the Kenya Kwanzaa

Coalition for appointment to the House Business Committee, in addition to those

specified under Standing Order 171(1)(b) and (d). 1. Hon. Samuel Chepkong’a, CBS, MP, Uasin Gishu, male. 2. Hon Omboko Milemba, CBS, MP, Vihiga County, male. 3. Hon Faith Wairimu Gitau CBS MP, Nyandarua County, female. 4. Hon. Joshua Mbithi Mwalyo, MP, Machakos County, male. 5. Hon. Umul Ker Kassim Sheikh, MP, Mandera County, female. Yours sincerely, Hon. Kimani Ichung’wah, EGH, MP, Leader of the Majority Party. Copy to the Rt Hon. (Dr) Francis Moses Masika Wentang’ula, EGH, MP, Speaker of the National Assembly. I received a letter from Hon. Junet Mohamed on 10th February, addressed to the Clerk of the National Assembly. It said, “Dear Sir, Reference: Nomination of Members to the House Business Committee. Your letter dated 3rd February 2025, Reference NALP HBC/2025/CORR001, refers. The Minority Party nominates the following Members to the House Business Committee in accordance with the Standing Orders: 1. Hon. Robert Mbui, MP. 2. Hon. Francis Kajwang’ Tom Joseph, MP. 3. Hon. Wehliye Adan Keynan, MP. 4. Hon. Korere Sarah Paulata, MP. Yours sincerely, Hon. Junet Mohamed, EGH, MP, Suna East Constituency, Leader of the Minority Party in the National Assembly.” 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 judgement under the contestations that went on yesterday was already out at the time Hon. Junet wrote this letter. He knew and designated himself, rightly so, as the Leader of the Minority Party. I called out the Motion to be moved, today. The Leader of the Majority Party moved the Motion and Hon. Keynan seconded. Once a Motion is moved, either you can move an amendment seeking the necessary support from the House that shall be put to a vote or you keep your cool. You do not change the content of a Motion by picketing on the Floor of the House and making completely unparliamentary and unhelpful statements. As it is now, the Motion we will vote to is properly in the House. It fully carries the names of both sides of the House: the Majority and the Minority. Upon voting on the Motion and if passed by the House, I direct the Members to go to Committee Room 9 for the first meeting of the House Business Committee to schedule business for tomorrow. I repeat that we have a greater duty to the people of Kenya than the shenanigans that we want to display here. The Mover of the point of order yesterday, Hon. Millie Odhiambo, said she respects the outcome even if she does not agree. That is part of fair game in any arena, that is judicial or quasi-judicial, like this House. Like I said, you do not fight or insult the judge if you go to court and lose a case. You say ‘much obliged, my Lord’. You will come back to fight another day. That is how the law works. I repeat that no Member listed on this Motion has been withdrawn because the withdrawal of any Member on a Motion like this can only be through an amendment to the Motion.

Before the Speaker’s procession, Members who have been approved to the House Business Committee should move to Committee Room 9 immediately.

Hon. Members, you may be upstanding. There being no further business in the House, the House stands adjourned until tomorrow, Thursday, 13th February 2025, at 2.30 p.m.

The House rose at 4.15 p.m.

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Clerk of the National Assembly Parliament Buildings Nairobi The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.