Hon. Members, we shall ring the Quorum Bell for 10 minutes. During that period, no Member is allowed to leave the Chamber.

Hon. DK and the other Member at the back, Hon. Makilap, you have to come back into the Chamber. No one will leave the Chamber until the Quorum Bell stops ringing. You can cross the aisle any way you want, but you cannot leave the Chamber.

The Quorum Bell can now be stopped. I confirm that we have a quorum. Members can now take their seats.

Hon. Members, I have confirmed that we have a quorum. Hon. Wamboka, it is not your job to look for the Quorum of the House. You are completely out of order, Hon. Jack Wamboka; totally out of order! You are so out of order, Hon. Wamboka. Members, take your seats. Hon. Jack Wamboka, take your seat. We can start transacting business with the Whip of the Majority Party.

I beg to lay the following Papers on the Table: Reports of the Auditor-General and financial statements for the years ended 30th June 2021, 30th June 2022, and 30th June 2023, and the certificates therein, in respect of: 1. Bishop Edward Donovan Secondary School. 2. Bura Girls High School. 3. Gatamaiyu High School. 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. Hiriga Girls Secondary School. 5. Icaciri Secondary School. 6. Ikanga Girls’ Secondary School. 7. Iloodokilani Secondary School. 8. Kamandura Girls High School. 9. Karia Boys Secondary School. 10. Kasikeu Boys Secondary School. 11. Kekopey Secondary School. 12. Kibichiku Secondary School. 13. Kibiru Girls Secondary School. 14. Kirimara High School. 15. Lake Solai Secondary School. 16. Mazeras High School. 17. Muruira Boys Secondary School. 18. Ngala Secondary School for the Deaf. 19. Nkuene Girls High School. 20. Naromaru Girls Secondary School. 21. Nyeri High School. 22. Our Lady of Fatima Chinga Girls High School. 23. Ribe Girls Secondary School. 24. St Thomas Secondary School Kilifi. 25. St Jude Girls Secondary School Makueni. 26. St Mary’s High School Lushangonyi. 27. St Thomas Aquinas Boys Thomeandu Secondary School. 28. Stella Maris Othaya Girls High School. 29. Waa Girls Secondary School. 30. Weru Secondary School. Thank you.

Thank you. Next Order.

If you have the Order Paper, Questions will follow the pattern they appear on the last page. I hope Hon. Joyce Kamene is in the House ready with her Question. You already have the microphone with you, Hon. Joyce Kamene.

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44(2)(c), I rise to request a statement from the Chairperson of the Department Committee of Health regarding the effects of the withdrawal of funding by the United States Agency for International Development (USAID) in Kenya. The abrupt suspension of US foreign aid under USAID has significantly disrupted critical programs in the country. This suspension, which took effect on 24th January 2025, resulted from the US Presidential Executive Order mandating the re-evaluation and realignment of US foreign aid. Consequently, all new funding obligations and sub-obligations under the US Development Objective Agreements have been halted for 30 days, with the likelihood of permanent withdrawals from some projects. 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 halting of funding has caused severe economic and social disruptions, leading to the loss of at least 35,000 jobs, both directly and indirectly, as many NGOs in the health, agriculture and education sectors, among others, rely on USAID-backed contracts. Additionally, the healthcare sector is among the most affected, with thousands of doctors, nurses, midwives and community health workers facing imminent unemployment. USAID has allocated Ksh18 million to HIV/AIDS programmes, Ksh7.6 billion to basic healthcare and Ksh5.8 billion to maternal and child health, including family planning. These initiatives have been a lifeline for many communities, and this disruption jeopardises the ability of the country to meet its health targets. It is against this background that I request a statement from the Chairperson of the Department Committee on Health on the following: 1. The immediate steps being taken to ensure that critical health programs such as HIV/AIDS and Tuberculosis management continue undisrupted. 2. The measures in place to support and retain healthcare workers affected by the suspension of the USAID funding. 3. The long-term strategies being adopted to ensure sustainable financing of the health and other crucial sectors using domestic resources, therefore reducing reliance on foreign aid. I thank you.

Hon. Owino, go back and do the right thing.

This request shall be referred to the Departmental Committee on Health. I do not see the Chairperson. Is there any Member of that Committee? Hon. Nyamai, what did you want to comment about on this one? Go ahead; you have one or two minutes.

Thank you, Hon. Temporary Speaker. I want to comment on the Statement raised by Hon. Kamene, Member for Machakos County. As I congratulate her for bringing this matter to the House, I ask the Departmental Committee on Health that, as they respond to this issue, to bear in mind that there is a new world order. Withdrawal and reduction of funding is happening all over the world. It seems that the United States of America has decided, through their current leadership, to make decisions that affect all of us. From the time I was Chairperson of the Departmental Committee on Health during the 11th Parliament, there has always been an issue of overreliance on donor funding, especially on matters which concern us so much, including family planning. This is a matter that we need to wake up as a country and fund ourselves. We cannot keep on relying on donors to take care of matters that concern our core livelihoods, including getting infected with HIV, which has quite a long history. I know there are international programmes, but I think it is time we wake up and make the right decisions.

Member for Nairobi, you have two minutes to comment on the request.

Thank you, Hon. Temporary Speaker. I commend Hon. Joyce Kamene for bringing up this matter. I agree with Hon. Rachel 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.

Nyamai that there is a new world order. This is a time for us as a country to reflect on how Singaporeans decided to decisively deal with corruption and the need to serve their people. Uhuru Kenyatta was the first to pronounce himself on USAID's withdrawal and the American government's withdrawal of essential funds committed to Africa.

Who is Uhuru Kenyatta?

The former President of Kenya, Hon. Uhuru Kenyatta, pronounced himself on the issue of dependence on donor aid and that we should be focussed on becoming self-sustaining. This is a wake-up call. We need to deal decisively with corruption so that we have enough resources to cope with the demands in our country. That is one area in which Singapore was successful. That will heighten the level of patriotism in our country. If we do not raise our patriotism, Kenya will suffer. We cannot afford to suffer anymore. About 50 to 60 million people depend on us as a government. Therefore, we need to ensure that we become self-reliant. It is important for us to call a spade a spade and not a big spoon. The US and many other countries have lent the African countries money. So, we also need to say that if they want to withdraw essential funding, which has been cushioning us because of the various loans that they have given us at very high interest rates, then they also face the risk of us deciding to serve our people first before we service their debts.

Thank you. Members, this statement request is referred to the Departmental Committee on Health. I hope they can bring a report in the next three weeks. Before I give a chance to the Member for Nairobi again, join me in recognising and welcoming students from the following schools: 1. Loreto Convent Junior Secondary School from Westlands Constituency, Nairobi County. 2. Our Lady of Fatima Kiriko Girls School from Gatundu North, Kiambu County. You are welcome to Parliament to follow our proceedings this morning. Member for Nairobi.

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44(2)(c), I rise to request a statement from the Chairperson of the Departmental Committee on Health regarding the status of security at the Kenyatta National Hospital (KNH). Security at healthcare facilities is foundational in providing safe and effective care. It safeguards patients, protects staff, secures assets, and ensures prompt emergency response while maintaining a secure environment for vulnerable patients. Regrettably, recent events have raised serious concerns about the security measures at our national hospitals. On 7th February 2025, Mr Gilbert Kinyua was found dead in Ward 7B at KNH. He was brutally murdered. Similarly, at the Moi Teaching and Referral Hospital in Eldoret County, a 52-year- old cancer patient, Mr. Albert Chesang, mysteriously disappeared from his hospital bed on 29th January 2025. His decomposing body was later discovered on 9th February 2025, approximately 200 metres away from the hospital on the banks of River Sosiani. Earlier, on 29th November 2015, Mr Cosmos Mutunga was found dead in his hospital bed in KNH, having been stabbed several times with a sharp object. Hon. Temporary Speaker, despite the brutal murders of Mr Cosmos Mutunga and Mr Gilbert Kinyua, no arrests have been made to date, yet the said patients were killed in the presence of other patients. These incidents paint a grim picture of the security of healthcare facilities and necessitate heightened security standards within such spaces. It is against this background that The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

I request a Statement from the Chairperson of the Departmental Committee on Health on the following: 1. A report on the investigation into the death of Mr Cosmos Mutunga, who was brutally murdered on 29th November 2015, including an expansion on the inordinate delay of justice, given that no arrests have been made to date. 2. Actions being taken by the Ministry of Health to investigate the deaths of Mr Gilbert Kinyua and the apprehension of the suspects responsible for his brutal murder. 3. Measures being put in place to ensure the establishment of robust security mechanisms that ensure the safety of patients admitted to, or visiting public hospitals under the national government. 4. Efforts being made to ensure that the families of the deceased persons are duly compensated by KNH and Moi Teaching and Referral Hospitals respectively, due to the negligence in its duty of care owed to their kin. I thank you.

This Request for a Statement is referred to the Committee on Health. Deputy Whip of the Majority Party, I want your attention because the next time these matters come up, I will not ask the Chairpersons. I will ask you about them. The first Request for a Statement was made by the Member for Machakos County regarding the withdrawal of funds by USAID. This one is about security at KNH. Because we cannot see the Chairman of that Committee here, it will be your duty to ensure that these Requests for Statements are responded to. I hope you heard the Statement she requested for.

I have heard the request. I am sure that it will be responded to.

When?

Immediately after the short recess.

Is that three weeks from today?

Yes.

I hope the Member for Nairobi City County has noted that. The next request is from the Member for West Mugirango.

Hon. Temporary Speaker, pursuant to provisions of Standing Order 44(2)c, I request a Statement from the Chairperson of the Departmental Committee on Regional Development regarding the state of preparedness of our country for the cyclical wet season in the Lake Victoria rain belt, and particularly the Gusii highlands.

Member for Nairobi, I request that you take your seat for a few minutes. Go ahead.

Thank you. The wet season, which ordinarily commences around the month of March, which we are in, is characterised by very heavy rainfall, lightning, flooding, hailstones, and very destructive stormwater. Residents of the hilly Lake Victoria rain belt, including West Mugirango and Gusiiland, suffer immense loss of property, lives, and livelihoods during the rainy season. 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.

Crops get wiped away. Crops like tea and vegetables are destroyed. Sometimes, even gravelled roads get wiped away completely, making them unmotorable. Despite the budgetary allocations for emergency and humanitarian responses, there has not been any significant permanent intervention for preventing and mitigating the impact of these cyclical and recurrent disasters. These have affected the economic growth of my constituency, the Gusii Region, and the Lake Victoria rain belt, making the cost of living extremely high and occasionally subjecting some homes to starvation. It is against this background that I request a statement from the Chairperson of the Departmental Committee on Regional Development on the following: 1. Measures that the government has put in place to ensure timely and effective information on hazardous weather so that the residents of West Mugirango and other affected areas within the hilly Lake Victoria rain belt become warned in good time. 2. A detailed report on the interventions being implemented by the government to ensure timely emergency response, including prepositioning of relief supplies to affected families and homes. 3. The long-term mitigation strategies the government intends to adopt to address these recurrent disasters, including climate adaptation measures that the residents and citizens need to be educated on. 4. Measures to educate and equip residents with knowledge on disaster management to improve their resilience and mitigate the effects of recurrent harsh weather conditions. Thank you, Hon. Temporary Speaker.

Hon. Beatrice Elachi, do you want to comment on this request for a Statement? Go ahead. You have two minutes.

Thank you, Hon. Temporary Speaker. I appreciate our girls in the galleries. I welcome them to Parliament. That request for a statement is very critical. The weather is very hot right now. That means rains are coming. I hope we will not start screaming again when floods sweep away our people, and Nairobi becomes chaotic. This is not just for Kisii. When the Chairman brings his answers to this House, we want to see how prepared we are. We are going to go into a very tough turmoil. We would hate to see what happened last year happening again, as if we have not learned our lessons. For me, it is about Nairobi. I remember we lost many lives in Mathare at night. That should never happen again. I hope we and the government are preparing ourselves. We should ensure that we do not throw garbage in the drainages. We should clear the drainages in areas where flooding occurs. Thank you. I hope we will have a comprehensive answer on how well-prepared we are.

Hon. Naomi Waqo, there seem to be no Chairpersons in the House today. What we expect on this one is a comprehensive Statement covering not only Kisii but the entire country, holistically. What is our preparedness for the wet season for the whole country? I hope you can relate this to the Chairperson of the relevant Committee. Therefore, the request is referred to the Committee on Regional Development. Next is the Member for Ndaragwa. Is he in the House? This should be in the next three weeks, for that matter, because of the break. Hon. Waqo, when we come from recess, we want an answer on that report. Is the Member for Ndaragua in the House? Member for Westlands, you have been on intervention for a while now. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Temporary Speaker, I wanted to comment on the request for a Statement that the Member for Nairobi City County has made. However, I do not know whether it has been overtaken by events, or we can still comment on it.

You can go ahead.

Hon. Temporary Speaker, I was also concerned about security at our health facilities. It raises a lot of concern that a person can walk into a hospital ward, murder somebody, get away with it, and nobody is being held responsible. When we go to these facilities, we believe there is enough security and people will be safe. However, it raises a lot of concern when something like this happens. We want those responsible - Kenyatta National Hospital (KNH) and all the relevant authorities - to tell Kenyans exactly what happened. We also want this report so that the family can lay their person to rest in peace.

Order, Member for Mwala Constituency. Is this the Member for Mwala? What is wrong with you? From 28th March 2013 until now, you still do not know what to do? You cannot do that, Hon. Vincent Kawaya. Do the right thing.

Thank you, Hon. Temporary Speaker. That is all I wanted to contribute.

Hon. Makilap, you should not walk without your card. Where is your card? Go ahead.

Thank you for your indulgence. First, on behalf of the people of Baringo, and Baringo North in particular, allow me to thank Members of this House who made their way to Baringo North for the burial of our Senator, William Cheptumo. I want to thank the President and the Speakers of Parliament, led by our own Hon. (Dr) Moses Wetang’ula, and the Speaker of the Senate, Hon. Amason Kingi. I also thank the Leaders of the Majority Party, Hon. Kimani Ichung’wah and Hon. Aaron Cheruiyot. We thank you for all the support you gave us. I can even see my good friend, Hon. Ariko, from Turkana South and Hon. Dido Raso, who made their way to Baringo North. I also met Gen. (Rtd) Daudi Tonje, the man who was famous for the 'Tonje rules’ in the military. I thank all of you for the support you gave to the family of the late Senator and the other bereaved families, including Hon. Malulu Injendis’. We shall remember you for the gracious support you gave to us. Secondly, please allow me to eulogise another former Member of Parliament from Baringo North, Hon. Willy Rotich Kamuren

(Hon. (Dr) Rachael Nyamai): Thank you very much, Hon. Joseph Makilap, although it is not in your place to give a chance to Hon. Kamket, the Member for Tiaty Constituency.

I will go ahead and allow him to share his good words, just as you have done. You may proceed, Hon. Kamket.

Thank you very much. I want to join my colleague, the Member for Baringo North, in eulogising and remembering the life of Hon. Willy Kamuren. He was the first Member of Parliament for Baringo East Constituency, which was later renamed Tiaty Constituency. Those of us from Tiaty Constituency, especially those of my age, do not remember him as an MP because we were not born at that time. He was an Independent MP as Tiaty is an Independence constituency. From the stories our fathers have 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.

told us and after meeting him, Hon. Kamuren was a very joyful man. He had a serious mastery of the Tugen and Pokot languages, which are quite similar, especially the Arror and the Pokot languages—the Arror is a sub-tribe of the Tugen. Hon. Kamuren was a very serious peacemaker. He always used his mastery of the languages to unite the Pokot and the Tugen communities. Back then, when the literacy level was low in Tiaty, the people of Baringo North were magnanimous enough to give us their son to serve as our first Member of Parliament. Folklore is full of stories about how my father became the chief campaigner for his opponent. My father played a big role in the ousting of Hon. Kamuren and the election of the second Member for Baringo East, the late Hon. Stephen Lomeri Cheptai. The people of Baringo East and Tiaty, for that matter, are forever grateful for the many years that Hon. Kamuren served them. I had occasion to meet him, and he was ageing gracefully. He was always present at the Members' Lounge. He was full of wisdom. He was a great friend of the late President Moi and eminent sons of Baringo at that time, including Mzee Philemon Chelagat and Mzee Bultut, who was the chairman of Baringo County Council. As sons and daughters of Baringo, we pride ourselves in having had such a wise man lead our county in various capacities. The peace and development we enjoy in that region are the fruits of the work of our forefathers. They laid very strong educational foundations. As Hon. Makilap said, Baringo North is Baringo County's education pillar. Tiaty is also catching up fast, and soon, we will overtake those ahead of us. We, the people of Tiaty, will forever be grateful for the services of Hon. Kamuren. We shall fully participate in his send-off as a constituency and a people. As Baringo people, we will remain united. We wish the family of Hon. Kamuren God’s grace during this time. May his soul rest in eternal peace. Amen.

(Hon. (Dr) Rachael Nyamai): Thank you very much. On behalf of the Speaker and all other Members of the House who have not sent their condolences, may the soul of Hon. Kamuren rest in peace. Hon. Members, before we proceed, we have several schools seated in the Public Gallery: 1. Cornerstone Academy, Kasarani Constituency, Nairobi County. 2. Loreto Convent Msongari Junior Secondary School, Westlands Constituency, Nairobi County. 3. Our Lady of Fatima Kiriko Girls, Gatundu North, Kiambu County. You are welcome to the National Assembly to continue observing the proceedings of the House. I would like to welcome the Member for Nairobi County to welcome the students from all the schools, specifically the ones from the Loreto Convent. Member for Nairobi County, you may proceed.

Thank you, Hon. Temporary Speaker. I welcome the students from Loreto Convent, Cornerstone, and the ones from Kiambu County. Students come to observe and understand what the Government is doing. I take this opportunity to tell them to work hard. Your parents and Government are working very hard to ensure you have a good education. We are here to make laws, and laws are made for all citizens, including our children. When we met the President a few years ago, he had a message, especially for the girl child. He told us to tell you that we are investing so much in education because we want you to grow and become responsible citizens in society. His biggest concern and message to all students in Kenya, especially the girl child, is to please try as much as possible to focus on education and not early teenage pregnancies. He was concerned about the number of children getting 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.

pregnant. We know that a number of children who get pregnant are not the children who have been defiled or abused. We are also working very hard to ensure that we deal with gender-based violence decisively. The President gave us Ksh100 million for this programme. If a child has been abused or defiled, please do not fear. Talk to your parents, aunties, or teachers. We want girls to be girls. Children should not be mums. Children should be children. Work hard and put God ahead of you. We want you to feel protected and provided for by the Government. We wish you well. I hope that in the future, all of you in the Gallery will be in this august House defending the people and making good laws that we need in this country. Welcome to Parliament. Thank you, Hon. Temporary Speaker.

(Hon. (Dr) Rachael Nyamai): Hon. Donya.

Thank you, Hon. Temporary Speaker. I have seen that we have so many girls in the Gallery. As mothers, it is good to give them a word to keep them moving. Our girls up there, Mama County from Kisii wants you to know that your superpower is education. Money cannot buy things like manners, respect, and reputation. You can only earn them yourself. You cannot be a superwoman with many boyfriends, but you can be a superwoman with education. Bye bye.

(Hon. (Dr) Rachael Nyamai): Hon. Members, let us end the welcome remarks there. I note that the Hon. George Gachagua is in the House. I want to give you a chance to present your request for a Statement. Please, go ahead.

Hon. Temporary Speaker, pursuant to Standing Order 44(2)(c), I wish to request a Statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding the urgent need for speed bumps and other safety measures at the Equator area and Mununga stretch along the Nyahururu-Nyeri Road. The Kenya National Highways Authority (KeNHA) is responsible for developing, rehabilitating, managing, and maintaining national roads. However, there have been a high number of tragic accidents which have occurred at the Mununga stretch along the Nyahururu- Nyeri Road, claiming several lives in what is attributed to the road's poor design and lack of appropriate speed control measures. This mandate falls within the responsibility of KeNHA. The absence of properly designed speed bumps, particularly in Mununga, where there is a lot of pedestrian movement, has created a high-risk situation for motorists and pedestrians. Local residents and road users along this road have consistently raised concerns about the absence of speed bumps, yet no adequate safety measures have been put in place to mitigate the risks. It is against this background that I request a Statement from the Chairperson of the Departmental Committee on Transport and Infrastructure addressing the following: 1. Plans for installing properly designed and clearly marked speed bumps at strategic points along the Nyahururu-Nyeri Road, particularly in the equator area, Mununga stretch and other identified high-risk zones. 2. The measures being undertaken to enhance road safety through the installation of proper signage, reflective markers and other visual aids to ensure optimal 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.

visibility and adequate warning to road users, especially during night-time and adverse weather conditions. 3. The timelines for implementing these road safety improvements, including completion dates for installing speed bumps, warning signs, and associated road safety infrastructure. We have witnessed many accidents, particularly in the Equator area. I have contacted the relevant personnel, and while they have promised to address the issue, there have been consistent delays. I have had to talk to my people about not raising the artificial bumps on the roads. Thank you, Hon. Temporary Speaker.

Hon. Gachagua, I believe that you have finalised making the request for a Statement, and are now giving some explanation. What you have said is enough.

Apologies, Hon. Temporary Speaker.

Hon. Members, I will give just one Member a chance to speak on this. Hon. Rindikiri Mugambi, would you like to comment on that request for a Statement?

Yes. Eng. Gachagua has raised a very important issue for discussion in this House. In my opinion, KeNHA is quite unresponsive. There have been numerous questions posed in this House, and we have witnessed fatalities on our transnational highways, yet this organisation has taken no action. We are requesting that you issue a directive for the Cabinet Secretary responsible for transport to come here, face the Members, and explain why KeNHA continues to remain inactive despite the continuing deaths on our roads. We have written several letters and held numerous meetings concerning the road from Isiolo to Ruiri. We have also done the same for the famous Nanyuki, Meru Town, Isiolo, and Subuiga Junction, where accidents occur frequently. Despite numerous meetings with KeNHA, they have remained unresponsive. Let this be the final Statement presented to Parliament on the matter. I thank you, Hon. Temporary Speaker.

Hon. Members, I do not see the Chairperson of the Departmental Committee on Transport and Infrastructure in the House, but the Deputy Majority Whip is here. She will transmit the request for a Statement to the Departmental Committee on Transport and Infrastructure. When will we have the response, Deputy Majority Whip?

To be precise, this should be after recess, which is in two weeks.

A timeline of about two weeks is in order. Make sure that that information reaches the Chairperson.

Order, Members for Nairobi and Taveta Counties.

Next Order.

THE BASIC EDUCATION (AMENDMENT) BILL (National Assembly Bill No. 59 of 2023)

Hon. Mary Wamaua, you may proceed.

Thank you, Hon. Temporary Speaker. I beg to move that The Basic Education (Amendment) Bill (National Assembly Bill No. 59 of 2023) be now read a Second Time. This Bill seeks to amend Section 18 (2) of the Basic Education Act 2013, which states that the County Education Board may, in consultation with the National Education Board and relevant stakeholders, appoint a sub-county education office with clear function and powers. This provision uses the word "may," indicating that it is not mandatory. I believe it is appropriate to consider the current structure of the County Education Board (CEB), which has the option to establish a sub-county office as a liaison. While the liaison office at the sub- county level plays a role, its functions are still subject to validation by the CEB. This has led to significant delays in critical educational functions such as school registration, the review of school management reports, and other administrative approvals. Counties with vast geographical jurisdictions covering multiple constituencies face particularly long delays in validating and approving issues. For instance, in Nairobi County, Kiambu County, and Nakuru County, urgent matters often take a long time to be processed by the CEB, after which they have to come to Jogoo House. By the time it gets back, a lot of time has been wasted. The sub-county education boards could handle many of these tasks more efficiently if we pass this amendment. Previously, under the old administrative structure before the 2010 Constitution, we had the District Education Board (DEB), which was responsible for legislating and managing educational institutions at the sub-county level, complementing the provincial and National Education Boards. I urge this House to agree to amend the current structure by reinstating the sub-county education boards to enhance efficiency and fast-track processes, reducing unnecessary delays. The replacement of the DEB model with liaison offices has resulted in many inefficiencies, creating bottlenecks in service delivery at the local level. This Bill was conceived after observing the delays and bureaucratic hurdles in school registration and administration due to the centralised nature of county education boards. This Bill proposes the following: first, the establishment of sub-county education boards, which will have the legal authority to oversee and manage education matters at the sub- county level. This change will reduce dependency on the county education boards for every decision. Much of what needs to be done regarding our learning institutions falls within 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.

responsibilities of the county education boards. The sub-county boards will oversee these tasks, allowing the county education board only to validate and rubberstamp matters that the sub- county education boards have already addressed before forwarding them to the Ministry. This Bill proposes to give the Sub-County Education Board the mandate to independently perform the following functions: First, registration and establishment of a data bank for all education and training institutions in the sub-county. Officers in the sub-county offices understand the terrains and geographical features in their regions. They also know the needs of the local people better than county officials stationed far from the sub-county. Therefore, the collection of the required information on the schools in an area can be fast- tracked by the sub-county education office, and a copy can be given to the County Education Board. Further, immediately after it gets to the Ministry offices, any response needed will be sent to the required client.

Second, in consultation with residents of the sub-county, they will recommend institutions that may receive funding for infrastructural development. Currently, determining the infrastructural development required in schools is still under the County Education Board. Therefore, what is done at the sub-county is not valid until it is validated by Members of the County Education Board, who forward the same to the national office at Jogoo House so that a list of the schools that require infrastructure can be developed. We will save time once the Sub-County Education Board is given this role. This is only possible if we agree to establish the Board and give it power to perform its functions.

Third, review of the Board of Management (BOM) Reports of respective schools within the sub-county for submission to the County Education Board. We are currently reviewing and renewing the membership of BOMs for all primary and secondary schools. Certain counties like Nairobi City, Nakuru and Kiambu are very vast. If we were to wait for the County Education Board to review all the BOMs, how long would it take? That is why the Ministry usually organises itself so that sub-county officials do this work; however, that is not their work. This Bill proposes that we give the mandate to the Sub-County Education Board because it understands the areas and the needs of the majority of the schools. The sub-county officers should then take the outcome to the county office to note and forward to the Ministry. If we wait for the County Education Board to do the work, it will take a long time. What happens at the sub-county is what we seek to anchor in the Basic Education Act so that it is not an arranged programme within the County Education Office.

Fourth, the sub-county office can also be allowed to assess the budgetary requirements for running institutions in the sub-county and to develop allocation programmes, including allocation for lunch at the institutions. All this is still the work of County Education Boards. If we introduce the Sub-County Education Board, like we previously had the District Education Board, we will ease the running of the programmes and, therefore, save time. Fifth, the Board can also perform any other function the County Education Board may assign without the county officers going to the sub-county office or a school. This is work that can be delegated to the Sub-County Education Board to ensure efficiency and save time.

The Bill also proposes decentralisation of the decision-making power. Our Constitution focuses on devolution with the aim of taking services closer to the people. If we establish the Sub-County Education Board, we will ensure that whatever is required is decentralised to the area where the issue originated instead of waiting for the County Education Board to go to the site. The sub-county offices will no longer act merely as liaison offices waiting for mercy from the County Education Board. It will be empowered to process and approve certain functions, including school registration, management and oversight. This will ensure that we save time.

The Board will also improve service delivery in schools by reducing bottlenecks caused by large county jurisdictions. The Bill will ensure that administrative tasks are handled efficiently. Some counties are huge and have many sub-counties. There is a requirement 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.

quarterly reports, and the County Education Board is expected to look at them before they are sent to the national office. This takes a lot of time. If we amend the law to provide that the Sub- County Education Board do the reports, we will bring back the weight that was with the District Education Board and save much time. Additionally, we will eliminate the backlog of reports that need to be looked at by the County Education Board. Resources allocated to the County Education Board are also meagre. The Board is supposed to hold three meetings to review the work of the sub-counties; however, having even one meeting is difficult. A lot needs to be done. If we hold such meetings at the county level, we will not provide our people and schools with the best services. There is also time wastage when people have to wait for a report.

The Bill also proposes the composition of the Sub-County Education Board. The Bill provides that the Member of Parliament will be an ex-officio member of the Board. This is a National Government function. However, Members of Parliament, especially those representing single constituencies, often need to contribute something, especially to school infrastructure. This is important so that we can advise the Board on NG-CDF allocations to each school and the schools that need additional funding from the Government. By including a Member of Parliament on the Board, we will ensure that NG-CDF does not fund the same schools the Ministry funds. Hon. Temporary Speaker, we will also have the sub-county Director of Education or a designate of the sub-county Director of Education; the County Executive in charge of education or a designate of the County Executive in charge of education; one person designated by the Teachers Service Commission and two persons nominated by the teachers' trade unions which are Kenya National Union of Teachers (KNUT) and Kenya Union of Post Primary Education Teachers (KUPPET). We need to have representation from each of those teachers' trade unions. Lastly, we will require two educationists of at least five years standing, based in the sub-county nominated by the Parent-Teachers' Association (PTA) in the sub-county. When appointing the Chairperson and members of the Board, the Cabinet Secretary will ensure that not more than two-thirds of the members are of the same gender. If this is not clearly checked, you may find that all the members of the Sub-county Education Board are either male or female. It is, therefore, reasonable to ensure that the two-thirds gender rule is observed so that both genders are represented. At the same time, equal opportunities for Persons with Disabilities (PWDs) and other marginalised groups must also be considered to ensure that the interests of all people within the locality are represented. We should also ensure that all appointees to the Board reflect the interests of all sections of the society. I have stated here that the Chairperson of the Sub-county Education Board must possess a minimum degree qualification. The members must possess a minimum secondary education qualification, with a post-secondary certificate as an added advantage. We have to look at the qualifications of the members of the Sub-county Education Board. We cannot appoint people who do not understand or lack the necessary qualifications. These are people who will be looking after the interests of education. They must be qualified. We cannot limit the maximum qualifications. I am talking about the minimum qualifications. In Clause 2 of the Bill, the Board Member appointed under Subsection 2(b) shall be the Secretary to the Sub-county Education Board. That is the Sub-county Director of Education. The staff of the Sub-County Education Board shall be persons serving under the County Public Service Board of the respective county. The Second Schedule shall apply to conduct the business and affairs of a Sub-county Education Board with necessary modification and, except as provided for in the Second Schedule, that a Sub-county Education Board may regulate its own procedure. 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 Chairperson and Members of a Sub-County Education Board shall be appointed for a term of five years and be eligible for re-appointment for a further term. Regarding meetings, a Sub-County Education Board shall hold meetings on a need basis at such places and times as the County Education Board shall consider necessary for the proper discharge of its functions. We do not want to talk about remunerations because we want to source the majority of the members from within the County Public Service Board of the respective county. They already have remuneration from the department to which they belong. Therefore, there would only be a small allowance, as their respective departments already pay them. Meetings will be held on a need basis. New Section 18E(2) of the Bill says that notwithstanding Subsection 1, which I have read, the Sub-county Education Board shall not meet more than four times in each financial year. The Members of the Board shall be paid by the organisations they represent in the Board such allowances and disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission (SRC). A Sub-county Education Board may, from time to time, co-opt into its membership such persons not being more than three as it is satisfied possessing skills and experience necessary in the discharge of its functions. For instance, if an issue arises requiring architectural expertise or any other skill that is not represented within the Board, it may co-opt an architect or any other professional whose skills are needed. Remember that we have all these professionals within the counties. We have architects, quantity surveyors and other professionals. We will, therefore, not need to look too far for them. They will only be co-opted when a specific skill is required that is not represented within the Board's membership. Hon. Temporary Speaker, if this House supports and passes this Bill, we will benefit in terms of efficiency, time-saving, and better running of our institutions within the sub-county: primary schools, secondary schools and tertiary institutions. There will be several benefits, like faster school registration and approval processes. Secondly, there will be enhanced school monitoring and oversight. This is because it will be done at the sub-county level but not at the county level, which may not do exactly as per the demand. Some counties are vast, making it difficult for them to carry out oversight effectively. However, at the sub-county level, you can be assured that monitoring and oversight will happen in our schools, including discipline for our learners. Thirdly, there would be reduced bureaucracy or red tape. Schools will have direct access to decision-making authorities at the sub-county level instead of waiting for responses from the County Education Board, which covers a vast area and may deter urgent resolution of such issues. Fourthly, there would be increased community involvement in education management. Local education stakeholders will have stronger voices in shaping policies and school development plans at the sub-county level. We have many supportive stakeholders in education. If all this happens within the locality where people understand the terrain and stakeholders, they can quickly convene and provide the required support, including some of those who always chip in in their own way. That way, we would have improved efficiency in teacher resource allocation. Sub-County Education boards would be better placed to oversee staffing needs and resource distribution in schools within their respective jurisdictions without waiting for the County Education boards to advise, now that the Sub-County Education boards would be found within the school locales.

Countries like South Africa, Canada, India, and Rwanda have successfully implemented decentralised education management systems. For example, in South Africa, local district education offices play a critical role in decision-making, thus reducing delays and improving school oversight. The current centralised education model has a gap, and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

introducing the Sub-County Education Board will go a long way in resolving the challenges that schools face today. My Constituency is second in terms of landmass after Kiharu Constituency. Many children in my Constituency walk five to seven kilometres to access education. Our education policy dictates that children should access education with ease. Registration of new schools takes such a long time. Half of my Constituency is arid. Parents cannot pay the Board of Management (BoM) Teachers. Sometimes, it is the Member of Parliament who goes into their pocket to pay the teachers since the parents cannot afford to pay for it. Members pay the teachers as if they are the Teachers Service Commission (TSC) due to delays in the registration of schools, which is such a long process in the counties.

I urge my colleagues in this honourable House to support the Bill. With those few remarks, I beg to move and request Hon. Muthoni to second.

(Hon. (Dr) Rachael Nyamai): Hon. Muthoni, proceed to second.

Thank you, Hon. Temporary Speaker. I rise to second and add my voice to this very important Bill. I want to thank Hon. Mary Wamaua for tabling The Basic Education (Amendment) Bill (National Assembly Bill No.59 of 2023) so that we can review the education structures in the country. As a country, we ought to acknowledge that devolution is in place, and its purpose is to bring services closer to the people. Citizens of this country should fully enjoy the fruits of devolution. That is the main objective of the Bill. The Bill recommends the establishment of a Sub-County Education Board consisting of a chairperson and six other members representing various stakeholders. The stakeholders are mentioned in the Bill. They must all be included in the composition of the Board for the proper running of the sub-counties. Sub-counties are important because the Sub-County Education Board will be a statutory body to ensure the existence of functional services in our education setup. In most cases, when something happens in schools, it takes time to go to a centralised and established education board. Our counties are vast and have many schools. Thus, establishing the Sub-County Education boards and decentralising services will make school management easier, and we will be able to monitor what happens in every corner of our schools. We have had issues of school unrest. We have seen students wake up in the wee hours to seek a listening ear from the District Education Board, several kilometres away, just because they want their principal transferred. If we establish the Sub-County Education boards, they could air their grievances without travelling too far. Some schools do not meet the threshold of established schools. However, since nobody is close enough to establish how the schools are run, we end up being reactive instead of proactive. Being proactive means that if services were closer to the sub-counties, we would be able to monitor at a close range what happens on a day- to-day basis. The key objective of the Bill is that the decentralised units will ensure efficiency in the running of our institutions. Also, there would be enhanced coordination because if the board members come from the school locale, it would be easier to meet all the stakeholders from time to time and review what is happening in the educational institutions. When the new university education funding model was being implemented, information was not able to reach the intended consumers; the parents, too, did not understand what it was all about; the students who were the beneficiaries did not understand it either. Those policies are established by the Ministry and disseminated to the education boards. They do not go beyond that. If the education boards were active and proactive, information on policies would reach each beneficiary within the shortest time possible. 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 community will now be engaged in its own affairs. It is important to note that consumers of education are members of the community. The community will feel involved when we establish education boards and smaller units because they will be involved in the daily running of affairs. Policy reforms from the Ministry will reach them all the time and in a timely manner, whenever required. The same units will ensure they provide us with promotion opportunities and better access to education. The Board will sit to establish gaps and know schools without enough teachers. They will establish schools that lack facilities like laboratories and other amenities as well as which areas require funding. This can only happen when we devolve services closer to consumers. There are proposed functions of sub-county boards.

My apologies. I have a cold. That notwithstanding, I will continue. The established functions of sub-county boards will ensure access to budgetary allocation benefits intended institutions directly, as opposed to people selecting certain institutions based on monitoring and evaluation done on which institution requires a budget. At the same time, it would also be easier for the area Member of Parliament, who will be an ex-officio member of the Board, to consume timely information on how schools are running. It is important for all of us to acknowledge that sometimes, it is difficult even for a Member of Parliament to know what is happening in every corner of a constituency. When a Member of Parliament sits on a board, it would be easy to consume information and understand the glaring gaps to address in a constituency. I urge the House to support this important Bill. Once passed, we will reap the fruits of devolution fully. Thank you.

(Hon. (Dr) Rachael Nyamai): Thank you very much, Hon. Dorothy.

Before we proceed with the debate, we have visitors seated in the Public Gallery this morning. We have Alister Mixed Secondary School, Dagoretti North Constituency, Nairobi City County; Rockside Academy, Embakasi East Constituency, Nairobi City County; and Kathigagaceru Secondary School, Mbeere North Constituency, Embu County. You are welcome to join the National Assembly of Kenya to continue observing the proceedings of the House.

I would like to give a chance to one of our Members. Hon. Beatrice Elachi. Please welcome our students on behalf of the other Members.

Thank you. Allow me to welcome all students in a special way, especially those from Alister Mixed Secondary School in Dagoretti North Constituency. Since you are all students, you have come at the right time because we are discussing how to streamline the Basic Education (Amendment) Bill. I have always said that education is an equaliser. It does not matter whether your mother was selling chang’aa or githeri when you were in school. What matters is that she took you to school to become who you are today. You have an opportunity while you are still in school. Try not to focus too much on what is happening at home. Instead, think about how to make 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.

most of the education your parents worked hard to provide so that you can change your life and ensure that it will never be like your parents. That is my prayer to you, my daughters and sons. Indeed, if everyone, even in this Parliament, shared their story, you would see that they have all passed through the same struggles you are experiencing. It is up to you to learn, read, and take your education seriously because you desire to have a better life. Make it your morning prayer when you wake up. Do so knowing that you are praying to God for the strength to go to school and make your parents proud. To the girls in the Public Gallery, I will tell you that everything has its time. In your youth, there is a time to enjoy and a time to experience different things. One thing you do not have the luxury of is imagining that you can be pregnant while in school. That thought should be removed from your mind. That is the worst decision you can make. Have a boyfriend if you like, but I pray you focus on your education. These things will always be there, and you will have the chance to enjoy them later. You only have one thing to do for now, my dear daughters and sons: read for yourselves. Prepare your destiny and your future. It all lies in education. Thank you. Hon. Temporary Speaker, will it be okay to comment on this?

(Hon. (Dr) Rachael Nyamai): Take your seat first.

Okay, Hon. Temporary Speaker.

(Hon. (Dr) Rachael Nyamai): I will give you a chance. Hon. Beatrice Elachi, I know you have been waiting.

Hon. Members, we have more students. I would like to finalise welcoming them. Those of you wondering what is on the forehead of Hon. Beatrice Elachi, today is Ash Wednesday. It marks the beginning of Lent. That is why she has a very nice mark on her forehead.

Hon. Members, we have Green Edgewood Academy seated in the Public Gallery this morning. They are students from Ruiru Constituency, Kiambu County. We have Mama Ngina University College in the Speaker's Gallery, Gatundu Constituency, Kiambu County. You are welcome to the National Assembly of Kenya to observe the Proceedings of the House.

Hon. Murugara will be the first in this debate. I would like to give him a chance to welcome students and proceed to debate.

Thank you very much, Hon. Temporary Speaker. Allow me to take this opportunity to welcome all the students of the named schools, colleges and universities who have come to observe the Proceedings of the House. Let them feel welcomed, especially by the leaders they elected—leaders who spend time here to deliberate on issues that touch on them – to ensure students get the best education in the country. Mine would be to encourage these young people to study hard and emulate their leaders so that the country will, in the future, not be short of dignified leaders elected or selected to come to this Parliament to represent the people of Kenya. You are welcome. Do well in your studies, and this, specifically, goes to Kathigagaceru Secondary School. Mbeere North Constituency borders Tharaka Constituency. They are similar in topography. What is in Mbeere is in Tharaka, extending to Kitui. Education is the only reliance we have if we are to make our lives better. My two minutes are over now. I will start to contribute on the proposed amendment to the Basic Education Act through the Basic Education Amendment Bill brought to this House by the great lady Member of Parliament for Maragwa Constituency in Murang’a County, Hon. Mary Wamaua. It is a timely Bill that will help us to continue moving downwards from 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.

top. We used to have District Education Boards (DEBs), and most schools were established under them. When districts became counties – the districts were 42 before additional districts were created between 1985 and 1992 – the DEBs were replicated in all the counties. So, counties got the county education boards. However, many sub-counties – equivalent to the districts – do not have these boards. This is the right time to establish education boards that will sit at the sub-county headquarters to discuss matters of education. I support the Bill wholeheartedly. We should establish these education boards, with or without the proposed amendments. The issue of remuneration may be a little bit wanting. I do not see why the Government cannot dedicate money towards this so that when the boards sit, the members draw an allowance like any other civil servant or person entitled to an allowance. The functions of the sub-county education boards are set out. They are very important functions. What we have at the county level will be devolved to the sub-county level. In essence, we will have the education boards’ services nearer to the people. Those who want to do things at the basic level will do it from the sub-county. Registration of schools is quite hectic because we have only one director of sub-county education and one director of the Teachers Service Commission (TSC). With these boards established, it would mean if we want to register new schools… There cannot be any policy in the country that prevents new schools from being registered since the population is increasing from time to time. We also have to shorten the distances between one school and the other. We do not want our children to walk long distances when they attend primary and day secondary schools. So, at the end of the day, we should aim to have a primary school and possibly a day secondary school in every village. The 100 per cent transition from primary school to secondary school means that every primary school must have a day secondary school attached to it to accommodate its pupils. Therefore, the boards we are about to establish will be very important in doing this and ensuring that matters of education are dealt with at the basic level. As I continue to appraise what happened, let me give this House an incident that took place in my constituency, Tharaka, in Tharaka Nithi County. An education board would have solved the problem immediately. During the teachers’ replacement recruitment exercise that was being done at sub-county levels, Chaikariga Sub-County got a zero allocation. When the slots were allocated, I had three fully-fledged sub-counties in Tharaka Constituency. These are Tharaka North, Tharaka South and Chiakariga.

(Hon. (Dr) Rachael Nyamai): Order, Hon. Murugara. Is that Hon. Haro? Someone is making you laugh very loudly. Normally, you are a very soft guy. Please laugh in a lower tone with some civility.

Thank you very much, Hon. Temporary Speaker. It must have been very hilarious for the learned gentleman. He is making himself quite happy in the morning, which is a very good thing. Let me continue with what happened to Chiakariga. It got a zero allocation. Tharaka South was given 42 slots, which was a little bit curious. Tharaka North was given seven slots. When I made inquiries, I was told the decision was made by the TSC and communicated to the County Director of Education. Therefore, there was nothing that could have been done. Of course, I brought the protest regarding that exercise to this House and also took it to the TSC. Eventually, the TSC directed the county director, through the sub-county director, to relook the matter. I am trying to say here that this problem would not have escalated if we had sub-county education boards sitting at Chiakariga, Marimanti in Tharaka South, and Gatunga in Tharaka North. It could have been solved promptly. The board could have said there was no way they could allocate teachers this way by leaving out one sub-county and giving more slots than the others. There must be an element of equity when it comes to distribution, especially of the The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

scarce jobs in the country. It goes without saying that the level of unemployment is too high. There is high competition for the few available slots. Where three or four slots are available, they must be distributed equitably, if not equally. Therefore, education boards will solve such problems. They will have board meetings at the sub-county headquarters to discuss matters brought to them by teachers, especially head teachers and school principals. Today, if you have a problem regarding a school, you have to go all the way to the county headquarters to get the director. When you go to the sub-county director of education, he will tell you his powers are limited because he does not have a board. So, to ensure that our people are served properly at the local level – a sub-county is quite local – let us establish these boards and empower them. Regarding remuneration, we should consider pushing them to be resourced properly and remunerated at that level from the consolidated fund. Thank you. I beg for support.

(Hon. (Dr) Rachael Nyamai): Very well spoken, Hon. Murugara. Thank you. Hon. Beatrice Elachi, you had wanted to contribute to this matter.

Dagoretti North, ODM): Thank you very much, Hon. Temporary Speaker. I rise to support the Bill and thank Hon. Wamaua for bringing it at this critical time when we have the new Competency-Based-Curriculum (CBC) system. We need to streamline so many things that are bad in the Ministry of Education. I hope we shall see a change in the Ministry of Education. You cannot tell me people in the Ministry can be experts for 30-40 years. They should leave space to bring in new blood. That is what we want to see in the Ministry of Education. Having said that, I know there is something the Ministry of Education calls “sub-county education offices" which have no powers. The people there wonder what they should do. It is time we completely change to what Hon. Wamaua has proposed. We now need to streamline the roles so that sub-county offices have more power because it is the office at the base where all schools are. You can find yourself running all over in a sub-county. Currently, each constituency is a sub-county, so we need the education boards. If there is anything that is taking us on a roller coaster that we do not understand, it is the education sector. We need to consult every time because of the Competency-Based Curriculum (CBC). When I look at the whole structure, the board was supposed to advise the Cabinet Secretary. To date, I wonder where quality assurance is. What happened? Where is this team? We need it for the CBC, but the Ministry of Education at Jogoo House has decided to muzzle this completely. Therefore, we do not have anyone. Even as we cry about how private schools have built all their classrooms, we want to return to the same problem we had with the 8-4-4 System, where public schools are just public schools, yet when results come out, we see private schools taking over while public schools are not doing well. Why? This is because we have handed over the mistakes we made in the education and health sector 30 years ago. Those are the consequences we are facing. If you want to promote the standards of basic education, you need the Sub-County Education Boards because they can walk to any school daily and tell you where things are not working. A teacher can rush to ask how they can be supported. Sometimes there are very interesting boards. The other day, I looked at the terms of the board and realised we needed new teams to come to these schools. We need people who can embrace and properly operate the schools. You walk into a school and wonder about basic things. While sitting with the board, you ask yourself: Surely, does the school need to have this? You are the board. You are the team that needs to introduce better ideas and values to the school. You move it, the management takes it over, and thereafter, the teachers take it over. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

The other day, I went to a school whose name I will not mention, and I was so angry. First of all, it is not just the board. You receive a new teacher, and one year down the line, the school deteriorates, and money is lost. When you look at the history of the teachers, they are being taken care of by the Teachers Service Commission (TSC), yet in every school they have taught, they have created a mess. I said, no, it cannot be this way. Instead of the board bringing a solution, they protested in the school the next day. I told the sub-county heads I wanted seriousness because they know I do not joke with education in Dagoretti North. This is why I am here. For instance, you will find a school where you are about to support them with Ksh30 million NG-CDF funds to build a hall. The board decides and tells you that the parents will contribute Ksh34 million. I asked them: Do you have pending bills in your school yet want to spend Ksh64 million to build a hall? Where does that work? Why do you have pending bills? Why can you not pay pending bills?" We need the Sub-County Education Boards, where you are an ex-officio member, to come in and start streamlining things in schools. This is because some things we do to our parents do not make sense. When you look at how parents pay school fees, most of them are on the line of Ksh15,000. You have a huge debt, but your parents can pay Ksh15,000. I asked Jogoo House why they cannot resolve that parents pay Ksh15,000 because that is what they can afford rather than waiting for the child to get to Form 4 and then withholding their results slips. That is why we need this board. It will enable us to come up with resolutions and send them to the counties, which will then advise the Cabinet Secretary. In 80 per cent of extra county schools, parents can pay school fees of less than Ksh17,000. It is a curve that shows their ability. We need to think. When you make it Ksh23,000, the school finds itself in debt, and the money will never be paid. We then fight and have nowhere to sit and agree. Hon. Temporary Speaker, the Education Act wanted us to do things in a certain way, and it must now be done properly, just as Hon. Murugaru said. Honestly, it is time this House agreed on equitable distribution of teachers. I am not saying you cannot do affirmative action in other schools, but can we start at a level of equity? We have 290 constituencies, with some having 1,000 schools. That is where you look at affirmative action but at a curve that is equal. First, you ensure equity in the schools and implement affirmative action in areas with many schools. You find a school with 38 teachers employed by the Board of Management (BOM). It means that the school is run by BOM. There are many county schools where parents are the ones who are taking care of the teachers. You have about five or six TSC teachers; the rest are under the BOM. Interestingly, TSC has never come up with a new system for rewarding a BOM teacher teaching biology and chemistry, whose subject raises the mean grade of that school. That is a TSC teacher who is still under BOM. Hon. Temporary Speaker, as I support Hon. Wamaua, we must be serious with the education sector if we want to see a serious CBC. Thank you.

(Hon. (Dr) Rachael Nyamai): Thank you. Next is the Member for Alego Usonga, Hon. Samwel Atandi.

Thank you, Hon. Temporary Speaker, for giving me the opportunity to contribute to this Bill. From the outset, I support the Bill on the amendment to the Basic Education Act to create Sub-County Education Boards. This is a very progressive Bill, and I congratulate Hon. Wamaua for coming up with it. The current County Education Boards have many functions. These functions are very important for the management of education in the country. One of the functions of the County Education Boards is to help in the management of schools and to influence the quality of education in our counties. This role alone has not been effective because the County Education Boards, as constituted, have been unable to execute this role effectively. This is because their mandate includes working across the counties. Some 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.

of those counties are big and wide with many schools. Therefore, creating sub-county education boards will help by having a small team that focuses only on the sub-counties to ensure high education standards and quality. For instance, if you visit a county with five sub-counties when Kenya Certificate of Secondary Education (KCSE) or Kenya Certificate of Primary Education (KCPE) results are released, you find that one sub-county has done very well. In contrast, the other sub-counties have done so poorly. This means that this particular board is not effective in handling this specific function across all the sub-counties. Therefore, having a sub-county education board that focuses on one sub-county will ensure quality performance in our schools. The other role of the County Education Boards is to approve the creation of new schools. I have had difficulty starting new schools because of the ineffectiveness of the County Education Boards. The number of times they sit and the availability of membership, when they call meetings, would take a year to start a new school. Some of these new schools are a result of public participation. The communities are asking for schools, but the approvers take years to do it. When we have the Sub-County Education Board, it will be quicker to address some of the requests that come out of public participation from the community. There is another function that I believe the creation of Sub-County Education Boards is going perform. This is my problem; we have the Free Day Secondary School System. Day secondary school is free, but parents are asked to pay for the school feeding programme. The amount of fees that secondary school day scholars pay is for the payment of the school feeding programme. The County Education Board determines how much money parents should pay for the school feeding programme. Sometimes a Member may arrange for parents to pay less, but then you are told that the County Education Board already determined and fixed the amount of money that should be paid. This is sometimes unfair. If we have a Sub-County Education Board that is purely within a constituency, we can easily agree with them on the amount parents are to pay for the school feeding programme, for instance, Ksh5,000. When a County Education Board is supposed to look at this matter and make decisions, it becomes very cumbersome for colleagues to determine something like this. I submit that this is a very progressive piece of law. I urge Members to look at it and approve it so that it helps us, first of all, to ensure that we improve standards of education within our sub-counties and also to ensure that there is efficiency on matters that touch on the approval of new schools, and any other matter that is consistent with the Education Act. There is something that I also propose that we can consider as an amendment. I do not believe that churches have a role to play in our schools. We have churches as sponsors of schools, and therefore, they have representatives in the schools. I do not think they have a role to play in this arrangement. I will be introducing a Bill to amend the Basic Education Act to delete the role of the church or religion in the affairs of schools. According to me, churches have worked towards creating weak management in schools. In a case where a school is sponsored by the Catholic or Anglican Church, even when a principal or a headmaster is not performing, the church must have a say in whether the principal sits there or not. I know of a case where the community wants a particular principal to leave, but the church says no. The church does not look at performance but at prayers and things like that. They do not even know how the school is performing. When they come to school, they do not ask for the school's results and how the school performs. They do not ask how the principal works. They also do not ask if the school has positive results. They are not interested in that. The church is only interested in prayers. This House needs to consider deleting the responsibility of churches in the affairs of our schools. Hon. Temporary Speaker, I submit. Thank you.

On a point of order, Hon. Temporary Speaker.

(Hon. (Dr) Rachael Nyamai): What is out of order, Hon. Martin Owino? The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

Hon. Temporary Speaker, whereas I do not intend to pour cold water on sentiments made by my brother, Hon. Atandi, we acknowledge the responsibility that is played by churches in our schools and within our communities. The churches offer spiritual nourishment to our people. Therefore, their participatory role in our schools cannot be properly gainsaid.

(Hon. (Dr) Rachael Nyamai): Order Hon. Jared Okello. What exactly is out of order?

What is out of order, Hon. Temporary Speaker, is Hon. Atandi's assertion that we need to divorce ….

(Hon. (Dr) Rachael Nyamai): Hon. Jared Okello, I am asking what is out of order for the record.

What is out of order is Hon. Atandi's assertion that we need to divorce churches and religious organisations from conducting affairs within our schools. All of us know that there is another life in God's kingdom after this life, and preparation ought to ensue along that line. Therefore, we cannot say churches have no role and should not play any role. They must be at the centre of our schools. We will continue inviting them no matter what. All other organisations have failed flat, but churches have continued to thrive and fester in all their activities. Thank you, Hon. Temporary Speaker. What could have been actually considered…

(Hon. (Dr) Rachael Nyamai): You have made your point very well. Hon. Atandi, you have a chance to comment on that.

Hon. Temporary Speaker, I agree with Hon. Jared Okello that spiritual nourishment is very important. However, my concern is: what is the role of the church in the management of the education system? That is what I am questioning. Sometimes, we may have a principal who is not delivering, but that principal cannot leave that institution until the church says yes, yet the church is not interested in the academic performance of that school. Their interest is spiritual nourishment. What I am saying is that we could still have churches and spiritual leaders working with the schools, but we do not need to have it in the Act to force them to...

(Hon. (Dr) Rachael Nyamai): Hon. Members, I can see many of you want to comment on this, but you know this is a House of Debate. I know each of us has our positions on this subject matter, so there is nothing out of order. I want to allow Hon. Keynan to proceed with the debate. The Member for Eldas has been waiting for long.

Hon. Temporary Speaker, that debate we are having right now reminds me of the three Cs: Christianity, Commerce, and Civilisation, which is part of the legacy of our colonial history, but that will be a debate for another day. I am sure that Hon. Okello and Hon. Atandi might be products of two different philosophies. This Bill by Hon. Mary Wamaua is timely and good. It demonstrates that the Member is familiar with the crisis in our education sector. The main object of the Bill is to amend the Basic Education Act No.14 of 2013 to provide for the establishment of a Sub-County Education Board in every sub-county. The function of the Sub-County Education Board is also clearly spelt out. Before I make my general contribution, there are particular things that Hon. Mary Wamaua needs to look at so that we have a definitional clarity. In our governance structure, we have the national Government, counties and constituencies. These are constitutional entities. We also have administrative sub-counties under the National Government Administration Act. For clarity, what does the Member have in mind? Does she have in mind the Constituency Education Board or the administrative Sub-County Education Board? Let her make that clear. I suggest that she looks critically at Clause 18A so that there is no confusion and no ambiguity. 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.

If the Member wants to cascade the County Education Board to another level, the best thing to do is to provide for a Constituency Sub-County Education Board. If left at the sub- county, it will be subjected to many definitional problems. Look at it in the next stage so you are clear on what you want because the administrative sub-counties mutate monthly and yearly. The numbers can be decided administratively, but the constituency issues are decided between 10 to 12 years. That must also be clear. The other bit is the educational qualification of the chairperson. It is very important that we clearly spell this out. In addition to having a degree as a requirement, specify the area of study, for instance, a degree in education. That clarity is also needed. Once upon a time, Kenya was voted as having the best human resource capital and recognised for the best education system that we inherited from the British. However, over the years, we have turned our education system into one that changes every day and every term at the whims of whoever is the Cabinet Secretary for Education. Whenever a new CS takes office, the first thing they do is say that they are engaging in reforms. These reforms have convoluted our education system, caused uncertainty and made it dysfunctional and unpredictable. It is high time we recognised that certainty and predictability are key components of education. In the past, we all emphasised the pecuniary gains of education. We went to school to receive part of the banking concept: you go to school, get employed and become a productive member of society. However, times have changed. Education is now an equaliser and a basic right under our Constitution, the United Nations Educational, Scientific and Cultural Organisation (UNESCO) and the UN system. Therefore, what we lack as a country, and what this Bill attempts to address, is the further devolution of education management from the counties to the sub-counties. I plead with my good sister, who has brought this Bill, to look at it critically to avoid definitional contradictions that may be used by the usual litigants out there to challenge it. We need to find the most appropriate term between constituency or sub-county. I will propose constituency so as to have a 'Constituency Education Board', because that is more definite.

Why have we lost our status as the best in human resource capital? Over the last few years, there has been an attempt to glorify university education at the expense of tertiary institutions. Today, in the whole world, there are many job opportunities for graduates of our tertiary institutions. Unfortunately, the tertiary institutions we once had have been turned into university colleges. Today, if you go to London, they hold an annual conference on education to review the curriculum and job markets. In our Kenyan system, everyone wants a degree that does not resonate well with the job market, whether in the village, the international community or the global village. We need to look at this and rebrand our education system to serve as an avenue for getting opportunities that are not only available in Kenya but everywhere. Once upon a time, being a member of the diaspora community was considered a renegade member of Kenyan society. Today, the diaspora community has become the most productive sector of Kenyan society, overtaking the tourism sector in foreign exchange earnings. A few years ago, if you were identified as a member of our diaspora community, you were often associated with being a dissenter or someone unhappy with Kenyan society. Today, Kenyans have proudly demonstrated the value of our education system. As the Legislative Arm of the Republic of Kenya, particularly the Members of this august House, we must critically dissect the issues affecting the ailing education sector. 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 Competency Based Curriculum (CBC) is not working. Every Cabinet Secretary has introduced their own reforms, which have made the entire sector bureaucratic and bloated, with no head and tail and a lack of management. This sector requires critical dissection if we are to truly live up to the tenets and expectations of the education system we inherited from our forefathers. I may not agree with the three Cs: Christianity, Commerce and Civilisation, but in Northern Kenya, while other Kenyans were benefiting from the three Cs, the rights of the students, parents and teachers were trampled. The issue of the weaponisation of insecurity has been taken out of context. Over the last few years, the education sector in Northern Kenya has been in crisis, not because of the real situation on the ground, but due to perception issues between the Teachers Service Commission (TSC) and the education sector. I want to report here that, because of the actions we have taken as the leadership, in the next 20 years, Northern Kenya will have surplus teachers. I want you to hear this: we will no longer be at the mercy of the TSC or the Ministry of Education mandarins because we have put measures in place. I want to thank His Excellency President William Ruto for going out of his way and ensuring that the children of Northern Kenya and the pastoralist communities get their rights through teacher recruitment and other affirmative actions. Hon. Temporary Speaker, you know what we have done. Today, in my constituency alone, I have over 800 teachers who have been trained. In the next one or two years, we will have surplus teachers, and we will be asking them to go and serve in other parts of Kenya as part of their civic obligation. I want the TSC and the Ministry of Education to hear that no amount of frustration, bureaucratic activities, historical stereotypes or boardroom politics will deny us. We have reached where we wanted to reach. We have the health sector, which has stabilised. For the education sector, we are almost there. I want to commend the leadership of Northern Kenya. I want to commend…

I will add you a minute.

Hon. Temporary Speaker, I want to thank my good sister here, a very progressive constituency leader, for thinking out of the box and bringing this Bill. I request that she look at the definitional issues so that they are clear, predictable and consistent with the law. Once you do this, those individuals will subject it to due process, which is bureaucratic and unfriendly. With those remarks, I support the Bill. Thank you.

Hon. Rindikiri.

Thank you, Hon. Temporary Speaker. I want to congratulate Hon. Mary Wamaua because this Bill has come at the right time. So many Bills are seeking to amend the Education Act and the TSC. However, since this one has come earlier, I will make my comments as follows: I have seen the draft and am satisfied that the Bill generally addresses the basic requirements for enacting a Bill. I have also seen the objectives of the Bill and clearly, the Mover has identified them, which are crucial for the Board’s execution. I have looked at the selection criteria and the functions of the Board. I have equally seen the financial implications, because the Board will have sittings and they will require sitting allowances. The Bill clearly stipulates the roles and responsibilities of the Cabinet Secretary for Education. The most important question is, does this make sense in light of the objectives? This Bill is going to improve the management of education. There are a lot of uncoordinated activities between the TSC, the ministry and other stakeholders. This Board will ensure adequate coordination among education stakeholders generally. We have been looking for an entity to fast-track and facilitate better implementation of government policies at the grassroots level. 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.

There is a gap between the government and the recipient of services—the Kenyan citizens. We need such a board because it will directly address issues that stakeholders will identify at the grassroots level. This Board is coming at the right time, particularly when we all say we need better resource allocation. We get many resources from the government, donors and people of goodwill, but the way the money is being utilised locally to enhance education is not coordinated at all. So, this Board will come in handy to ensure that the little money from donors and the government is well utilised for the benefit of our children.

This Bill is very important in the sense that some areas in this country have been neglected for a long time. Some areas have been identified as hardship areas while others are left out. An example is my Buuri Constituency, which borders Isiolo and Laikipia Counties. We share the same geographical and climatic conditions. I lose many valuable teachers and resources to these counties. This Board, as per its objective, will address those disparities and consider disadvantaged areas. There is very little focus on the needs of schools, particularly on staffing. The TSC and the ministry have no concerns, and they have denied me many potential teachers. All the best teachers are being taken to hardship areas because of the so-called hardship allowance. We either have hardship allowance for everybody or none at all.

This Board will bring stakeholders together. We have schools sponsored by religious organisations, the government and privately owned. All these sponsors are stakeholders. We need a board that will sit down with all of them and particularly support teachers. This is because they require training and motivation. School management requires guidance. They need somebody to oversee and evaluate what they are doing on a continuous basis. This Board will support teachers and students. So, they will start moving in the same direction.

One of the things my colleague Hon. Keynan has talked about is equity and inclusivity. So many areas have been neglected. The time has come for the government to start seriously addressing the issue of equity and inclusivity. I have just come from the recruitment of members of the Board of Management (BoM) in schools. My mind is very clear: whether they are Muslims or not, but they are capable of assisting in the management of schools, they need to be included. That is inclusivity. I am on record saying that if there is a person who cannot see but can speak and do something for a school, they need to be included. This Board knows the environment they operate in and it will engage stakeholders. When we bring everybody on Board, we will move Kenya in the right direction.

One of the key challenges in the education sector is the resolution of problems. Who is in charge of a headteacher or principal? Teachers are regulated by TSC. The ministry regulates BOMs. When there is embezzlement of funds by the headteacher or principal, who is responsible? The ministry conducts audits, and TSC is expected to take disciplinary action. Who is more powerful? Where does the teacher belong? So, we need a board that will be involved in dispute resolution when there is conflict between the community and the school. We have seen many boundary conflicts, noise pollution, and other disputes. This Board will be very important at the constituency level. I agree with my colleague that we need to go back to the definition and ensure the level is constituency, not sub-county. I have three sub- counties, so if that will be the level, then this means I will need three boards in the same constituency. I support Hon. Wamaua on this Bill. I urge Members to pass it in record time because it affects all of us. Thank you, Hon. Temporary Speaker.

Hon. Mizighi, followed by Hon. CNN. But before you rise, I want to recognise the presence of Appleton Schools from Dagoretti North, who are in the Public Gallery. Is there any Member from Nairobi who can give a word of encouragement to the young learners? In their absence, I call upon Hon. Waluke to give a word of advice to the students from Appleton Schools. 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, for giving me this chance. I welcome the students in Parliament to learn. In the future, some of them will be like us. To get this position, you must work very hard, whether female or male. Oh, you are all female. You should work very hard to get this position. These lady Members worked very hard. All of them have gone through universities. Kenya is changing very rapidly. They consider academic qualifications. It is not for free. When you go back, tell your parents that you visited Parliament.

Good. Hon. Mizighi.

Thank you, Hon. Temporary Speaker. I begin by congratulating Hon. Wamaua for a well-thought-out idea and bringing it here as an amendment Bill for us to discuss, reflect on, and contribute to. Matters of basic education are crucial. I wish to echo the sentiments of many of my colleagues who said devolution was meant to bring services closer to the people. Indeed, when we speak about the County Education Board and the Sub-county Education Board, we see that the County Education Board is often overwhelmed. They have to make all decisions and oversee the entire county, leading to delays and inefficiencies. Many challenges arise due to this, such as duplication of work, slow decision-making, and limited oversight in capacity building across the education system. If we empower the Sub-county Education Board, these challenges, including delays and inefficiencies, will be addressed. We cannot afford to be wrong or take education matters lightly. Strengthening the Sub-county Education Board will fast-track development by decentralising decision-making, ensuring better oversight and enhancing progress at the local level. The Sub-county Education Board should not merely be ceremonial. It should be granted real authority to function effectively, complementing efforts at the county level. We have seen the President working hard and the government employing almost 76,000 teachers. This initiative needs support, and amendments like this will play a key role in strengthening the education system. Once again, I congratulate Hon. Wamaua for bringing this amendment. I fully support it. Thank you, Hon. Temporary Speaker.

Hon. Ngusya, followed by Hon. Abdul Haro and Hon. Tindi Mwale.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this important Bill.

You mentioned you wanted special consideration because you became a father last night.

Yes, I have a baby girl.

You got a baby girl?

Yes. Thank you so much for this recognition.

We do not have paternity leave here, but you can have yours.

Thank you. My daughter will grow to become an important person in this world and nation. We love and respect women. Before I continue, I want to emphasise to this House that society must respect women. I was in the labour ward for four hours with my wife, and I witnessed first-hand what women go through.

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No man should ever bully a woman in any way. I salute all women worldwide. I also take this opportunity to wish all Catholics worldwide a blessed Ash Wednesday, a day of repentance, prayer, reflection on mortality, and seeking forgiveness. On the Bill, I begin by thanking Hon. Mary Wamaua, my colleague and good friend, for this important legislative proposal. It is progressive and timely, particularly as we adopt a new education policy and system. By establishing the Sub-county Education Board, we will have a clearer record of educational institutions in our constituencies and sub-counties. This Bill will also help identify institutions that need funding and proper resource allocation. I recommend to the mover that a Director of the Teachers Service Commission (TSC) be included in the Board's structure. Some schools have insufficient TSC resources. So, adding both a Director from the Ministry of Education and one from the TSC will ensure better staffing and resource distribution. Regarding the composition of the Board, I laud the inclusion of Members of Parliament as representatives of the public. This Board will greatly assist the Ministry of Education in allocating resources and ensure that schools BoM are competent and qualified. Many face challenges because some members are appointed with only a Form 4 certificate. We must ensure that stakeholders in education management are well-qualified. I fully support this Bill and appreciate the great work done by Hon. Wamaua. In case of any amendments, I will propose the inclusion of the TSC on the Board. With those remarks, I fully support this Bill. Thank you.

The Member for Mandera South.

On a point of order, Hon. Temporary Speaker.

What is your point of order?

Thank you, Hon. Temporary Speaker, for the opportunity. I request that those without cards be allowed to contribute. I have lost my card, and I am unable to request to speak. This is a very important Motion.

Fair enough. I will give Hon. Abdul Haro an opportunity and then come to the ladies. Where is Hon. Tindi Mwale? Is he in the Chamber? After him, we will move to the gracious ladies—Hon. Jematiah and her neighbour— and then we will go to the other side.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this important Bill. At the outset, I must thank its sponsor, Hon. Mary Wamaua. As my colleagues have said before me, this Bill is timely.

It is proposing to change the Basic Education Act, 2013 to establish a Sub-county Education Board in each sub-county. Its objective is to decentralise education oversight by creating localised boards under the guidance of the County Education Board. This Bill is very important because it touches on the education sector at a time when we have many crises. We are grappling with the question around capitation in our schools, the university funding model, inadequate Junior Secondary School (JSS) classrooms and laboratories, and lack of infrastructure and teachers, among many other challenges. One of the theatres where these challenges play out is at the sub-county level, where they exhibit their ugly heads in a big way.

It should not be lost to us that education is the equaliser of society. We also have a lot of other things that make us not realise that equalisation beats education as the equaliser of society. For example, we have differences in some of our regions, such as socio-economic inequalities, systemic inequalities, and, as I said earlier, a lack of infrastructure.

This Bill is very important for the reasons I have mentioned. However, there are certain areas I would like Hon. Mary Wamaua to look at so that she can enrich them. For example, Clause 2 of the Bill proposes to insert New Section 18A(3)(b) of the Bill which states:

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“(3) The Sub-county Education Board shall – (b) in consultation with residents of the sub-county, recommend institutions that may receive funding for infrastructural development funding”. This is a good proposal which enhances public participation and should be strengthened. Despite our many challenges in the education sector, why are we only zeroing down on infrastructural development funding? This can be expounded a little bit to include other areas slightly. 50 per cent of our students are left behind due to a lack of appropriate electronic devices and electricity connectivity.

Clause 2 of the Bill proposes to insert New Section 18C, which states: “(1) every Sub-county Education Board shall consist of a Chairperson and six other members appointed by the Cabinet Secretary through an open and competitive process”. Hon. Mary Wamaua can also consider this. I am wondering why these members of the Board should be appointed through a competitive process, yet they are already working in other institutions. They are the sub-county Director of Education, the County Executive in charge of education, one person designated by the Teachers Service Commission (TSC) and others. They need to be appointed by those institutions to join the Board. Why should we conduct competitive recruitment? That is an area Hon. Wamaua can look at.

Hon. Wamaua talked very nicely about including Members of Parliament on this Board. I beg to differ slightly. Perhaps you may look at it from my perspective. Members of Parliament provide oversight. Given that and the challenges we have had before, including with the National Government Constituencies Development Fund (NG-CDF), there is no need to include a Member of Parliament in this Sub-County Education Board. The Members of Parliament can remain to provide oversight, and other members can become part of the Board. Clause 2 of the Bill proposes to insert New Section 18C(2)(f), which talks about the members of the Board. It states: “(f) two educationists of at least five years standing based in sub-county nominated by Parents-Teachers Association in the Sub-county. This is a very good idea, which I support fully. However, if you read it in relation to New Section 18G of the Bill, it states: “18G. A Sub-county Education Board may from time to time co-opt in its membership such persons not being more than three as it is satisfied that possess skills and experience necessary in the discharge of the functions of the Sub-county Education Board”. Once you have these two professionals and educationists, I do not think the purpose of having a co-opted member was to bring in experience and expertise. We already have the expertise. It is my opinion that the two experts who are there are sufficient. We do not need to co-opt other experts because those can play the same role. Clause 2 of the Bill proposes to insert New Section 18C (6), which states: “(6) The staff of the Sub-county Education Board shall be persons serving under the County Public Service Board of the respective county”. We can also rethink that because looking at the separate functions of the county governments and National Government in relation to education, one is concerned with Early Childhood Development (ECD), and the other with basic education. You may find some challenges along the way if the staff of the Sub-county Education Board are from the County Public Service Board. Finally, Clause 2 of the Bill proposes to insert New Section 18F, which states: “18F. The members of the Sub-county Education Board shall be paid by the organisations they represent in the Board such allowances and The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.

disbursements for expenses as may be approved by the Cabinet Secretary in consultation with the Salaries and Remuneration Commission”. This is a good idea, but if you want these members to be independent, the Board should pay them, not those institutions that have seconded them. This will ensure independence in the conduct of the Board's business and the uniformity of the allowances to be paid. The Board may decide to pay certain allowances which are not equivalent to the ones paid by other institutions. As I said, New Section 18G, which is being inserted immediately after Section 18 of the principal Act, might not be necessary if we have the other two experts involved.

Thank you, Hon. Temporary Speaker. Those are my comments. I urge other Members to fully support this Bill so that we can pass it in record time.

Hon. Tindi Mwale, and then the ladies will have their bite. Please proceed.

Thank you very much, Hon. Temporary Speaker. I rise to support the Basic Education (Amendment) Bill, 2023, which looks at the establishment of a Sub-county Education Board in every sub-county. Just as my colleagues have indicated, this Bill is timely. It will bring better efficiency in terms of providing education to our children.

I want to continue from where my colleague has left and go straight to the composition of the Sub-county Education Board. I thank my colleague, Hon. Mary Wamaua, for the well- articulated section on the composition of the Sub-county Education Board. However, I would like to bring something to her attention. When you are coming up with persons to be on this Board, try to consider gender balance, youth and people living with disabilities. It is not clear how their representation will be guaranteed. We must ensure they are represented. There is also the issue of quorum and how the Board shall function. As you know, 85 per cent of parliamentary work is done in committees, and there is a set way in which they are run. Looking at the composition of the Board, it is a committee. Therefore, the Member needs to outline how many members form a quorum. Hon. Mary Wamaua, once you determine how many members form a quorum, you will have to look at the qualifications of the chairman. If the chairman is supposed to have a degree and other members do not possess one, what happens when there is a quorum and the chairman is absent? The members who are present will have to choose a chairman who will perform the functions of that Board. Therefore, the qualifications of the members of the Board need to be in tandem with those of the chairman. The other issue is the functions of the Board. I do not wish to repeat the functions, because my colleagues have already elaborated on them. However, we have had challenges with the implementation of the basic education curriculum. Even the Competency-Based Curriculum has become a thorn in the flesh for many parents and stakeholders in the education sector. This Board will look at the implementation of the curriculum, which will bring better efficiency in terms of the education our children will receive. There is also the issue of how the national education policy is implemented at the grassroots. We have had an issue where policies are generated in Nairobi, but implementing them at the grassroots level becomes a thorn in the flesh. The Board will help with the interpretation of the national policy and also come up with policy reforms. My colleagues have not highlighted the aspects the Bill has delegated, and I wish to bring them to your attention. The Bill has delegated powers to the Cabinet Secretary to come up with regulations which will aid in the coordination of the Board with other boards, such as the county education boards and the national education board. The regulations that the Cabinet Secretary will bring will outline the coordination between the county, the sub-county, and the national education boards. 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.

With those few remarks, I thank my colleague for the noble idea. I also support the passage of the Bill with amendments.

Before I call on the ladies, I want Hon. Raso to be very brief because he has to go for a serious session.

Thank you very much, Hon. Temporary Speaker. I rise to support this very progressive Bill. Hon. Wamaua, when I initially looked at your Bill, I asked myself why it did not come as part of an omnibus Bill. However, in hindsight, the proposed instrument has a far-reaching effect, which warrants more attention than just a line in an omnibus Bill. For that reason, I support it as a standalone Bill in three areas. First, our Constitution talks about devolution and decentralisation. The county education boards are the epicentre for coordinating education in the counties. Looking at the rise in population and the configuration of sub-counties, some constituencies have three or four sub-counties because of their vastness in size. I do not countenance what Hon. Keynan said, that we should look at the counties as the epicentres of devolution. I disagree with him because we are decentralising education only to centralise it again at the constituency level. For that reason, the elephant in the room for Hon. Wamaua is to convince the Budget and Appropriations Committee to allocate more money to the education sector. Beyond that, all other factors remain constant. This is a very important Bill that this House must support. For those of us who are pastoralists from arid and semi-arid lands (ASALs), one of our major difficulties today is that although we are told education is one tiered; it is two-tiered. There is the education that counties close to the centre receive and that which far-flung counties receive. There are two types of education. Therefore, when we decentralise education at the grassroots, it will reach every corner of this country. The CBC is the way to go. In Saku Constituency, certain schools cannot be reached by the team from the county education board when it rains. Only the teachers, parents and students are left in the schools. If it rains for three months, those schools are cut off. But if we have a sub-county team that can use all available means to access those institutions, that will be the way to go. Hon. Temporary Speaker, you and I know that one of the reasons why we have low turnout and low performance in education in our region is the lack of supervision. The county education boards are 300 or 400 kilometres from some of our constituencies. That makes it difficult for them even to arrange logistics to supervise the schools on a day-to-day and monthly basis. That also affects the promotion and posting of teachers, especially when one has first- hand information on what goes on. On the Constitution of the Board, Hon. Wamaua needs to consider the basic education requirements. The requirements must be basic as opposed to appearing to be the ceiling. The basic requirement should be a post-secondary education for all the members, but they can have a university education and specialise in certain fields. From the drafting, it appears that a university education is the basic requirement, which Members are uncomfortable with. You have been guided on the same issue as well. Finally, I want to talk about school registration, funding, and the school feeding programme. This Bill is best placed to address those issues. It takes a year for a school to be registered. I think it is because that board meets twice or thrice yearly. A sub-county education board can meet every two or three months. It can even meet every month if an emergency within a constituency or sub-county requires attention. With those remarks, I support this very progressive proposed legislation. I ask all colleagues to support it. Thank you, Hon. Temporary Speaker.

Hon. Jematiah, followed by Hon. Kathambi and Hon. Lesuuda in that order. Do not worry. You will get a microphone. You will 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.

allow many Members of Parliament, including the Member of Gichugu, to have a bite at this if you take as few minutes as possible. Just take about five minutes, although you are entitled to ten. You can say everything you would like to say in five minutes. Hon. Kihara, I have noticed you. I cannot forget you.

Thank you so much, Hon. Temporary Speaker, for the opportunity. I congratulate my colleague and friend, Hon. Wamaua, for her consistency in ensuring this Bill has returned to the Floor. As you can see, the Bill came into place in 2023—one of the most crucial Bills we have to consider during these unprecedented times in education. It should also be noted that Hon. Wamaua was a teacher before she joined this august House, where she comes with much management experience. Look at her, Bill. It espouses so much the passion she has for management. I like how she is trying to correct the situation in the current structure of education administration.

Order, Hon. Members. Hon. Talib Abubakar, you do not cross the Floor just like that. Go right to the end at the Bar and come back. Hon. Members, these rituals are part of our practice. We should respect and uphold. Proceed, Hon. Jematiah.

Thank you. Most Members who have spoken before me have clearly made very good points. I will not belabour much. Sub-county education offices will enable and correct most of the injustices happening within the education sector since devolution came. We have realised that education has suffered many mismanagement problems. The proposed new board that Hon. Wamaua has tried to put up in a very basic way will help. Reports from every sub-county will be well managed within the sub-counties without going all the way to county levels and back. Sub-counties are the liaison. They can be empowered to make decisions through this Bill because they interact with teachers and schools almost daily. Delays in decision-making rank highly as challenges. As you know in education, children spend nearly the entire year in school. Most likely, the impact on results and quality of education will be negative when decisions are not made on time. Unlimited oversight capacity is another thing sub-county boards will tackle if empowered. That will give us good results, quality education, quality life, and good examination management in the country. I propose that in the future, we could have schools managed properly by having a small number of schools within our constituencies instead of many schools being built all over the place. As a county Member of Parliament, I see that schools in a ward, for instance, have almost 10 to 15 schools in almost the same perimeter. This also contributes to mismanagement because of the inability to do proper management. When you have many schools, you have to spread the resources so thin that officers will not have enough time to do proper reports. When you have these schools that are not properly managed, the quality of education becomes so bad. You cannot compare the quality of education and teachers during our 8-4-4 days to public schools in the villages today. The quality of teachers we have today depends so much on how the schools are run. This is because we are focusing on the quantity instead of the quality. I suggest that as we cure this proposed Bill about the sub-county board, we should describe and elaborate on what a school is. We should have a few schools in our sub-counties, describe the amenities a school should have, and categorise them into either day or boarding schools, primary or secondary schools. This will enable the management to have schools built to last even as we create and enable this sub-county board to be in place. 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.

Schools built during the late President Moi's time and the colonial schools that are there today are the ones that we still depend on. Those are the schools that give quality education because of all the amenities provided within the same environment, providing children and the pupils with a whole wellness. As we look at the sub-counties and cascading down to the management of the schools, it is also good for us to plan and understand that it is important to have quality instead of quantity. Thank you, Hon. Temporary Speaker.

Member for Njoro.

All of you will get a bite; do not worry. If you take about five minutes, you will allow other Members to contribute.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to the Basic Education Bill, which has been brought by Hon. Wamaua. Education is very important. If some of us did not get an education, we would not be where we are today. Therefore, we start by applauding our colleague for having researched and found the challenges we have encountered. As a Member of Parliament in a single constituency, Njoro in Nakuru County, we have had many challenges. The Amendment Bill that Hon. Mary has brought today is a confirmation that we are going to have proper education management. Decentralisation of decision-making will assist each one of us to improve education in our respective constituencies. I support the Bill brought by our colleague today because of the many challenges I have encountered. The registration of new schools is a big challenge in this country. Some large constituencies have students walking very long distances to school because of the challenge of registration of new schools. The composition of the team that the Hon. Member proposes will enable members of the Board to come up with quick decisions. There will also be local and grassroots solutions for the registration of schools. We want the Sub-County Board, when it is constituted, to consider people living with disabilities and gender. I support this Bill because it will make it easy to manage conflicts at the grassroots level that take a long time to resolve at the county level. This will enable students and teachers to be heard and supported at the local level. Therefore, it will ensure that there is great support for processes and structures on the ground which affect our schools. I also support the Bill because, most of the time, we have had many challenges when it comes to the distribution of resources. The composition of the Board at the county level will enable board members to sit and decide how money given by the government and, to some extent, money and grants from donors and people of goodwill will be used. The composition of the Board will improve fairness in the use of resources. With the composition of the Board at the sub-county, it will assist in quick movement of board members in constituencies who will determine what needs to be improved. In making decisions, there is a delay when it comes to infrastructure approvals and registration of new schools. Therefore, I support this Bill, having seen the challenges our parents and other stakeholders undergo concerning education. Therefore, I find the Basic Education (Amendment) Bill by Hon. Mary Wamaua to be a solution to our many problems in this country. Hon. Temporary Speaker, I thank you.

Hon. Naisula Lesuuda, if you take two or three minutes, you will allow Hon. Gichimu to have a bite at it. I wish I had all the time. 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. Mwalyo and Hon. Bensuda, I respect you both. Please take one or two minutes and allow your colleagues to have a bite.

Samburu West, KANU): Thank you. I ask to be timed to conclude in two minutes and then allow my colleagues to contribute. Let me take this opportunity to congratulate Hon. Wamaua for being very consistent in matters related to education in this House. When there is any debate or issue to do with education, she has been very consistent and passionate about it. We can see it through the thought process she put into this amendment Bill. She is not just a fierce politician, but she is also concerned with matters related to our country's education. I do not want to belabour the importance of devolving matters education to the sub- county level. I am sure those doing this work at the county level will admit it has been overwhelming. We know some of our counties are vast, even for a county team to look at the entire county and the issues affecting various counties. Once devolved to the sub-county level, it will increase efficiency, effectiveness and timeliness in dealing with arising issues instead of waiting for the county team to sit. I have heard several of my colleagues talk about issues related to gender, disability, and marginalised groups, and Hon. Wamaua has captured this in the Bill. She has addressed the issue of not more than two-thirds of members of the same gender and equal opportunities for Persons with Disabilities (PWDs) and marginalised groups. I must commend her. I hope this House passes this Bill and ensures it is implemented.

Lastly, regarding the Member of Parliament being part of the Committee, you can think about it and have the Chairman of the National Government Constituencies Development Fund (NG-CDF) in the county sit on that committee because a Member of Parliament's role is oversight. The Chairman is aware of the issues in the constituency and can articulate them effectively. Thank you, Hon. Temporary Speaker.

Hon. Gichimu, you have one minute. Hon. Mwalyo will also have one minute. Proceed, Hon. Gichimu.

Thank you, Hon. Temporary Speaker. I also rise to support this Bill by Hon. Mary Wamaua, Member for Maragwa. I want to point out a few issues that need to be addressed in this Bill. In consultation with Hon. Wamaua, I will propose to amend Clause 36(i), where we are leaving room for other functions which have not been outlined in the Bill. This is a bit risky. We can only leave any further legislation to regulation, or we have a Bill that is conclusive on the functions of the board. Secondly, the Parent Act had the intention of establishing a sub-county board. If you look at the existing Section…

Hon. Gichimu, please take less than a minute. There is a very important report that needs to be tabled. I will stop you at that. You will have one additional minute. Hon. Deputy Speaker, proceed and table the Paper.

Hon. Temporary Speaker, I beg to lay the following Paper on the Table: The Report of the Liaison Committee on its consideration of the 2025 Medium- Term Debt Management Strategy (MTDS).

Thank you. You realise that Finance Bills take precedence over any other business. Proceed and give notice of 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.

Hon. Temporary Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Liaison Committee on its consideration of the 2025 Medium-Term Debt Management Strategy, laid on the Table of the House on Wednesday, 5th March 2025, and pursuant to the provisions of Section 15(4) of the Public Finance Management Act 2012, and Standing Order 232(A) (7) and (8): 1. Approves the 2025 Medium-Term Debt Management Strategy; and 2. Makes the Policy and Financial Resolutions contained in this Report. I thank you, Hon. Temporary Speaker.

Hon. Gichimu, you have one minute. I will also give Hon. Bensuda one minute.

Thank you, Hon. Temporary Speaker. This Bill seeks to bring services closer to the people.

On a point of order, Hon. Temporary Speaker.

What is your point of order?

My point of order is that your eyes have refused to see me.

Order, Hon. Jayne Kihara. You did not have a card, and I got that information very late. I am looking at the list here. I know you are a senior Member, and I greatly respect you. You will have a moment. Please be patient; you will also have a bite. Proceed, Hon. Gichimu. You have one minute.

I am not sure if my time is still counting down, but I appreciate that this is an important Bill, which is why many Members wish to contribute. I believe they will still have a chance, as the Mover will reply later. I generally support the Bill, but I will consult with Hon. Wamaua regarding the composition of the board, as it exceeds what has previously been mentioned. We need to fine-tune it so that the numbers can match, because they do not. I would also suggest that a Member of Parliament's representative sits on these boards to provide briefings, similar to what the chairpersons of the National Government Constituencies Fund (NG-CDF) committees do. As Members, we do not manage directly; we can only oversee. Thank you, Hon. Temporary Speaker.

Hon. Kihara, you have two minutes. We will then hear from Hon. Bensuda. Please give the microphone to Hon. Kihara.

Thank you very much, Hon. Temporary Speaker. I also want to applaud Hon. Wamaua for this very progressive Bill. We frequently deal with education matters at the constituency level. My main concern is with the title of the Bill; it is called the "Basic Education (Amendment) Bill." However, I believe the sub-county education boards should be responsible for overseeing basic, higher, and even (Technical and Vocational Education and Training) TVET institutions. We need to rephrase this title so it encompasses all levels of education. In section 18 (g), the proposal mentions that the Board can co-opt additional members. My question is: Who will pay for this? Otherwise, everything concerning the equity of teachers has been said. 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.

Regarding the registration of schools, I want to share an example, and then I will conclude. There was a school condemned by the Ministry of Health, and it took an incredibly long time to deregister it. As a result, we had to construct a new school on that site. The process requires approval that often has to go all the way to Nakuru, which serves 11 constituencies. Changing the name of a school is also a lengthy process. We need to understand how the funding we disburse is allocated and utilised, and this can only be addressed effectively by that kind of board. Therefore, I support the teacher in Wamaua. This is indeed very progressive.

Hon. Bensuda, you have a maximum of two minutes.

Thank you, Hon. Speaker, for giving me this opportunity. I rise to congratulate Hon. Mary Wamaua for this kind of initiative. I believe we share similar backgrounds, and you are clearly passionate about this issue. It would be criminal if a guru teacher like me does not contribute to this. I support this Bill for four main reasons. First, I support the inclusion of the Member of Parliament as an ex-officio member of the Board. Our role as representatives of the people in matters of education is crucial. When we come to Parliament, we voice the concerns of our constituents, including teachers. Including the Member of Parliament as an ex-officio member will facilitate smoother and more coherent operations regarding education issues. Second, I support the amendment because it proposes quarterly meetings. This frequency will allow us to address challenges promptly. Third, I endorse this Bill because it focuses on monitoring and evaluation. I am a guru in monitoring and evaluation. One of the things that fail us as a country is that resources are disbursed, but mechanisms of monitoring and evaluation are not implemented. With regard to teachers and the functionality of the Sub-County Boards, they will not be effective without adequate resources. Finally, regarding teachers' recruitment, there is a school called Radiro Primary School in Kanyada West, Homa Bay Town – where I come from – which has a teacher retiring every other year. This business should be checked by the Sub-County Board so that fairness…

Hon. Tonui, take exactly one minute so that we adjourn this matter. Give Hon. Tonui one minute. Proceed.

Thank you, Hon. Temporary Speaker, for giving me this opportunity also to add my voice to this important Bill. First, I commend Hon. Wamaua, for coming up with this progressive Bill whose purpose is to take services closer to the people. I support all that my colleagues have said. My county, Nakuru County, is very huge; it has 11 sub-counties. Therefore, the County Education Board has a lot of work. They rarely meet, yet there are a number of issues that need to be addressed in the sub-counties. Thus, by creating the Sub-County Education Board, the services will be moved closer to the people.

Order, Hon. Tonui. This Bill is still coming up for further debate. When we come back to debate it, Hon. Tonui, you will have nine minutes.

Hon. Members, the time being 1.07 p.m., this House stands adjourned until today, Wednesday, 5th March 2025, at 2.30 p.m.

The House rose at 1.07 p.m.

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

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.