Hon. Members, there is no quorum in the House. Serjeant-at-Arms, please ring the Quorum Bell. Mhe. Osoro, wapi Wabunge ? When you are the first to come in, nobody comes with you.
We now have quorum, Hon. Members. Clerk-at-the-Table, please proceed.
Members at the back, kindly take the nearest available seats. Hon. Osoro, please take the nearest seat.
Hon. Members, I wish to welcome you back to the House from the just concluded short recess. I believe that you are geared up to embark on the legislative business of the House as we approach the end of the First Part of this Session. Having said that, honourable Members, you will recall that by a resolution passed on 13th February 2025, the House resolved that should a published Bill become due for First Reading during the short or long recesses of the Fourth Session, the Speaker shall, upon determination that the Bill is of priority, forthwith refer such a Bill to the relevant Committee for consideration pursuant to the provisions of Standing Order 127, and cause the Bill to be read a First Time upon its next Sitting. In this regard, I wish to report to the House that during the short recess, two Bills became due for First Reading. The first Bill is the Excise Duty (Amendment) Bill (National Assembly Bill No.7 of 2025), which is sponsored by the Leader of the Majority Party. The Bill was published on 6th March 2025 and seeks to amend the Excise Duty Act, CAP 472, by removing the excise duty imposed on imported fully assembled electric transformers. You may recall that the said Excise Duty was introduced through the Tax Laws (Amendment) Bill, 2024, with the aim of supporting local assemblers. However, in the course 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 implementing the law, it has been determined that the Excise Duty has occasioned an unintended rise in the cost of manufacture and supply of transformers by increasing the cost of importing parts. The Excise Duty (Amendment) Bill, 2025, therefore, seeks to remedy this effect. The second Bill, the Value Added Tax (Amendment) Bill (National Assembly Bill No.11 of 2025) is also sponsored by the Leader of the Majority Party. The Bill was published on 13th March 2025, seeking to amend the Value Added Tax Act, Cap.476 to remove ambiguity in the commencement of exemptions granted before 1st January 2024 on capital goods for the promotion of investment in the manufacturing sector, and whose value is not less than two billion shillings. The Excise Duty (Amendment) Bill, 2025 and the Value Added Tax (Amendment) Bill, 2025, matured on 19th March 2025 and 26th March 2025, respectively. Consequently, and in line with the resolution of the House of 13th February 2025, I referred the Bills to the Departmental Committee on Finance and National Planning for consideration vide Notification Nos.001 and 003 of 2025 respectively. Further, in fulfillment of the resolution of the House, you will notice that the Bills have been listed for First Reading under Order Numbers 9 and 10 in today’s Order Paper. I, therefore, urge the Departmental Committee on Finance and National Planning to finalise consideration of the two Bills and submit its reports to the House to enable the House Business Committee to prioritise them for Second Reading and subsequent stages. The House is accordingly guided. Thank you.
Members at the back, take the nearest seats
Hon. Members, you may recall that by a resolution passed on 13th February 2025, the House ordered that upon receipt of any name of a person nominated for appointment to a State or public office from the President during the short or long recesses of the Fourth Session, the Speaker shall forthwith refer such Message to the relevant Committee for consideration, without having to recall the House, and report such fact to the House on resumption. In this regard, pursuant to the provisions of Standing Order 42(2), I wish to report to the House that on Tuesday, 24th March and Wednesday 25th March 2025, being a period during the short recess, I received two Messages, from His Excellency the President, seeking approval of persons nominated for appointment to various State and diplomatic offices. In the First Message, His Excellency the President conveyed that in exercise of the powers conferred on him by the provisions of Article 155(3) of the Constitution, he had nominated fourteen (14) persons for appointment as Principal Secretaries as hereunder –
Hold on Hon. Baya. Before you lay the Papers, Hon. (Amb.) Sigei, the Member for Sotik, has requested one minute to welcome one of the schools. Do not just welcome one school but all the schools in the galleries.
Most obliged Hon. Speaker. I thank you for giving me the opportunity to welcome the students from all the visiting schools. They are our guests. A special mention goes to Tembwo Girls from my constituency. This is a good school. I was part of its construction when I was in administration. I laud the management of this school and wish them well. The students should know that this law-making House belongs to them and they are most welcome. On behalf of all Members, and the people of Sotik, I welcome them. Thank you.
Let us now have the Deputy Leader of the Majority Party, Hon. Baya.
Thank you, Hon. Speaker. I beg to lay the following Paper on the Table: Reports of the Auditor-General and Financial Statements of the National Government Constituencies Development Fund (NG-CDF) for the year ended 30th June 2024 and the certificates therein in respect of the following Constituencies: (a) Awendo (bb) Mandera South (b) Baringo North (cc) Mandera West (c) Bomachoge Chache (dd) Marakwet East (d) Chesumei (ee) Masinga (e) Eldas (ff) Mavoko (f) Embakasi East (gg) Moyale (g) Embakasi North (hh) Mumias East (h) Emurua Dikirr (ii) Mwingi North (i) Fafi (jj) Nakuru Town East (j) Gatundu South (kk) Ndaragwa (k) Gem (ll) Nyakach (l) Gichugu (mm) Nyali (m) Githunguri (nn) Nyando (n) Isiolo South (oo) Nyaribari Chache (o) Kangundo (pp) Nyaribari Masaba (p) Karachuonyo (qq) Rangwe (q) Kinangop (rr) Rongai (r) Kisumu West (ss) Roysambu (s) Kitutu Chache North (tt) Ruiru (t) Kwanza (uu) Samburu East (u) Lafey (vv) Samburu West (v) Laikipia East (ww) Sirisia (w) Laikipia North (xx) Teso South (x) Laikipia West (yy) Tinderet (y) Loima (zz) Turbo (z) Lugari (aaa) Turkana North (aa) Makadara (bbb) Yatta.
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2. The draft Parliamentary Service (Centre for Parliamentary Studies and Training) Regulations 2024. I thank you.
Next is the Chairperson of the Budget and Appropriation Committee. This is your maiden and official duty on the Floor.
Thank you, Hon. Speaker. I beg to lay the following Paper on the Table: Report of the Budget and Appropriations Committee on its consideration of the Division of Revenue Bill (National Assembly Bill No.10 of 2025).
Thank you, Hon. Atandi. Next is the Chairperson of the National Government Constituencies Development Fund Committees, Hon. Sirma.
Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Committee on National Government Constituencies Development Fund on the nominees to the National Government Constituencies Development Fund committees for 63 constituencies.
Next is the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations. Hon. Bashir, are you the Vice-Chairperson?
Yes, Hon. Speaker.
Go ahead.
Hon. Speaker, I beg to lay the following reports of the Departmental Committee on Defence, Intelligence and Foreign Relations on the following: 1. Budget Implementation Oversight for the Financial Year 2023/2024 for the following State Departments: (a) Vote 1053 – State Department for Foreign Affairs. (b) Vote 1054 – State Department for Diaspora Affairs. (c) Vote 1221 – State Department for East African Community. 2. Its consideration of the Ratification of the Treaty establishing the Inter- Governmental Authority on Development. 3. Inspection visit to Kenyan Embassies in the United Arab Emirates (UAE) and the State of Qatar conducted from 7th to 13th November 2024; and participation in the Diaspora Mobile Consular Service (MCS). Thank you, Hon. Speaker.
Next Order.
Leader of the Minority Party.
Hon. Speaker, I beg to give notice of Motion on the extension of the time for recruitment of persons for appointment as Chairperson and Members of the Independent Electoral and Boundaries Commission (IEBC). Aware that, vide Gazette Notices Nos.1901 and 2643 dated 14th February 2023 and 1st March 2023, respectively, His Excellency the President declared one vacancy for the position of the Chairperson of the IEBC, and six vacancies for the position of Member of the IEBC; further aware, that vide Gazette Notice No.715 of 27th January 2025, His Excellency the President appointed members of the Selection Panel for the Recruitment of Nominees 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.
Appointment as the Chairperson and Members of the IEBC; noting that, upon its appointment, the Selection Panel commenced the recruitment process and longlisted all applicants and subsequently shortlisted qualified applicants for the positions of Chairperson and Members of the IEBC; further noting that paragraph 6(1) of the First Schedule to the Independent Electoral and Boundaries Commission Act, CAP 7C, provides that the Selection Panel shall finalise the recruitment exercise within 90 days of its appointment and forward the names of the nominees to the President; conscious that the Selection Panel is currently undertaking the interviews of the shortlisted candidates for the positions of Chairperson and Members of the IEBC, and that, given the interview schedule of all shortlisted applicants, the Panel has inadequate time to conclude the recruitment process; further conscious of the need for the Selection Panel to ensure the recruitment process complies with the constitutional principles of regional balance, representation of the youth and overall inclusivity, while ensuring that the interviews are conducted as far as is practicable, within official working days and hours; now, therefore, pursuant to the provisions of paragraph 6(2) of the First Schedule to the Independent Electoral and Boundaries Commission Act, CAP 7C, the Houses of Parliament resolve to extend the tenure of the Selection Panel for the Recruitment of Persons for Appointment as Chairperson and Members of the IEBC for a period of 14 days from 27th April 2025. Thank you, Hon. Speaker.
Thank you, Hon. Junet. Next is the Chairperson of the Select Committee on National Government Constituencies Development Fund. Give your notice of Motion.
Hon. Speaker, I beg to give notice of the following Motion: That, this House adopts the Report of the Committee on National Government Constituencies Development Fund (NG-CDF) laid on the Table of the House on Tuesday, 1st April 2025, pursuant to the provision of Section 43(4) of the National Government Constituency Development Fund Act, Cap 414A, and paragraphs 5(2) and (10) of the National Government Constituencies Development Fund Regulations, 2016, approves the list of nominees for appointment to the following 63 Constituencies Committees of the National Government Constituency Development Fund: 1. Ainabkoi Constituency 2. Aldai Constituency 3. Alego Usonga Constituency 4. Bahati Constituency 5. Bomachoge Borabu Constituency 6. Bomet East Constituency 7. Borabu Constituency 8. Budalangi Constituency 9. Bura Constituency 10. Chepalungu Constituency 11. Molo Constituency 12. Chesumei Constituency 13. Embakasi North Constituency 14. Embakasi West Constituency 15. Emgwen Constituency 16. Emurua Dikirr Constituency 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.
17. Gichugu Constituency 18. Igembe North Constituency 19. Isiolo North Constituency 20. Kaloleni Constituency 21. Kesses Constituency 22. Kibwezi East Constituency 23. Kibwezi West Constituency 24. Kieni Constituency 25. Kilgoris Constituency 26. Kiminini Constituency 27. Kinango Constituency 28. Konoin Constituency 29. Langata Constituency 30. Lari Constituency 31. Likuyani Constituency 32. Limuru Constituency 33. Malava Constituency 34. Mandera South Constituency 35. Marakwet East Constituency 36. Mavoko Constituency 37. Mbeere North Constituency 38. Mbooni Constituency 39. Mogotio Constituency 40. Soy Constituency 41. Subukia Constituency 42. Tharaka Constituency 43. Turbo Constituency 44. Westlands Constituency 45. Mosop Constituency 46. Mwingi West Constituency 47. Narok West Constituency 48. Ndhiwa Constituency 49. Njoro Constituency 50. North Imenti Constituency 51. North Horr Constituency 52. North Mugirango Constituency 53. Nyakach Constituency 54. Nyeri Town Constituency 55. Subukia Constituency 56. Pokot South Constituency 57. Rongai Constituency 58. Ruaraka Constituency 59. Ruiru Constituency 60. Sigowet/Soin Constituency 61. Suba South Constituency 62. Tetu Constituency 63. Tinderet Constituency 64. Voi Constituency
1. AINABKOI CONSTITUENCY 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.
No. Name Category Statutory Provision under NG-CDF Act 1. We sley Kipyego Kipkurui Male Adult Representative Appointment, pursuant to
Sec.43(2)(b) 2.
Moses Kipkemoi Komen Male Adult Representative Appointment, pursuant to Sec.43(2)(b) 3. Lam ek Kipkorir Kipsamo Male Youth Representative Appointment, pursuant to Sec. 43(2)(b) 4. Lyd ia Chepkoech Songok Female Adult Representative Appointment, pursuant to Sec.43(2)(c) 5. Loic e Jepketer Cheruiyot Female Adult Representative Appointment, pursuant to
Sec.43(2)(c) 6. Mar y Gathoni Githae Female Youth Representative Appointment, pursuant to Sec.43(2)(c) 7. Sali na Kibor Representative of Persons Living Appointment, pursuant to
with Disability Sec. 43(2)(d)
Order, Hon. Sirma, when you give a notice of Motion, you simply read what the Motion says and you end it at that.
Thank you.
The Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations.
Hon. Speaker, I have four notices of Motions. I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its consideration of the Treaty Establishing the Inter-Governmental Authority on Development, laid on the Table of the House on Tuesday, 1st April 2025 and pursuant to the provisions of Section 8(4) of the Treaty Making and Ratification Act, 2012, approves the Ratification of the Treaty Establishing the Inter-Governmental Authority on Development.
Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on Inspection Visit to Kenyan Embassies in the United Arab Emirates and the State of Qatar, laid on the Table of the House on Tuesday, 1st April 2025.
Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its participation in the Diaspora Mobile Consular Service (MCS) exercise in Texas, USA, laid on the Table of the House on Tuesday, 1st April 2025. Hon. Speaker, I have one more left. 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.
Go ahead.
Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on Budget Implementation Monitoring for FY 2023/2024 for the following State Departments, laid on the Table of the House on Tuesday, 1st April 2025: 1. Vote 1053 – State Department for Foreign Affairs 2. Vote 1054 – State Department for Diaspora Affairs 3. Vote 1221 – State Department for East African Community Thank you, Hon. Speaker.
Thank you, Hon. Bashir. Next Order.
Leader of the Majority Party.
Hon. Speaker, Pursuant to the provisions of Standing Order 44 (2)(a), I rise to give the following statement on behalf of the House Business Committee (HBC) which met today, Tuesday 1st April 2024, to prioritize business for consideration during the week. Hon. Speaker, at the outset, allow me to officially welcome Members back from the short recess. I trust that they are well rejuvenated and ready for this new session. As we embark on the business ahead of us, we still have a significant number of good legislative proposals, Bills and other statutory instruments that most certainly need our keen attention. Therefore, the collective effort of every Member and every committee is critical for the realisation of our constitutional mandate bestowed upon us by the people of Kenya. As Members may recall, before we went on recess, I undertook to schedule the appearance of Cabinet Secretaries before this House to reply to Members’ Questions and provide reports. In this regard, I wish to convey that, in accordance with the provisions of Standing Order 42A(5) and (6), the Cabinet Secretary for Interior and National Administration, Hon. Kipchumba Murkomen, is scheduled to appear before the House during the afternoon sitting of tomorrow, Wednesday 2nd April 2025, to respond to Questions. Hon. Speaker, the following questions will be replied to tomorrow by Hon. Onesmus Kipchumba Murkomen, the Cabinet Secretary for Interior and National Administration: 1. Question by Private Notice No.005/2025 by the Member for Tiaty, Hon. William Kamket, regarding reviewing academic and other qualification for the appointment of chiefs and assistant chiefs in marginalised areas in the country; 2. Question No.006/2025, again, by the Member for Tiaty, Hon. William Kamket, regarding action taken by the Ministry against police officers who were involved in the incident that led to indiscriminate shooting of cows belonging The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
to Mr Ptesio Chepanda of ID No.34184906 in Lemuyek Village, Chemuro Sub- Location; 3. Question No.007/2025 by the Member for Bumula, Hon. Wanami Wamboka, regarding the report on funds the Government has spent to acquire and implement the Electronic Travel Authorization (ETA) system; 4. Question No.26/2025 by the Member for Kilome, Hon. Thuddeus Nzambia, regarding the criteria used to gazette Nzai Sub-Location in Makueni Constituency vide Kenya Gazette No.17 of 2024 contrary to the agreement made by the community to retain Nzai Sub-Location in Kilome Constituency; 5. Question No.27/2025 by the Member for Kuresoi South, Hon. Joseph Tonui, regarding status report on the operationalisation of the administrative units in Kuresoi South Constituency; 6. Question No.28/2025 by the Member for Isiolo County, Hon. Mumina Bonaya, regarding update on the operationalisation of newly created administrative units in Isiolo County that were gazetted in March 2022; 7. Question No.29/2025 by the Member for Kabondo Kasipul, Hon. Eve Obara, regarding the measures taken by the Ministry to enhance safety and security of residents in Kabondo Kasipul Constituency, 8. Question No.30/2025 by the Member for Gilgil, Hon. Martha Wangari, regarding provision of a detailed report on the status of investigations into the death of Mr Justus Ekimomor Omollo; 9. Question No.31/2025 by the Member for Nyaribari Masaba, Hon. Daniel Manduku, regarding status of gazettement and deployment of security personnel to Ichuni Police Station in Ichuni ward, Nyaribari Masaba Constituency; 10. Question No.32/2025 by the Member for Mwatate, Hon. Peter Mbogho, regarding status of investigations into the incidences of insecurity within Sagalla Ward in Taita-Taveta County; and, 11. Question No.33/2025 by the Member for Matungu, Hon. Peter Nabulindo, regarding status of investigations into the insecurity incidences reported in Matungu Constituency. I urge Members whose questions are listed for reply to avail themselves in the House tomorrow to ask their questions. Hon. Members whose questions have been listed for reply, please avail yourselves tomorrow so that your cases can be replied to. I now wish to lay this Statement on the Table of the House today. Thank you, Hon. Speaker.
Thank you, Hon Owen Baya. Next Order.
Hon. Musa Sirma. When you move your Motion, after you get to the word “Fund” on the last line, you are not obligated to read all the 63 Constituencies plus the names. Simply say, “of the 63 Constituencies and the list there as shown on the Order Paper.” It will be understood.
Thank you, Hon. Speaker for the guidance.
Now, go ahead and move your motion.
Hon. Speaker, I beg to move the following 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.
THAT, pursuant to the provisions of Section 43(4) of the National Government Constituencies Development Fund Act, 2015 and paragraphs 5(2) and (10) of the National Government Constituencies Development Fund Regulations, 2016, this House approves the list of nominees for appointment to the following 63 Constituency Committees of the National Government Constituencies Development Fund – 1. AINABKOI CONSTITUENCY
No. Name Category Statutory Provision under NG-CDF Act 8. We sley Kipyego Kipkurui Male Adult Representative Appointment, pursuant to
Sec.43(2)(b) 9.
Moses Kipkemoi Komen Male Adult Representative Appointment, pursuant to Sec.43(2)(b) 10. Lam ek Kipkorir Kipsamo Male Youth Representative Appointment, pursuant to Sec. 43(2)(b) 11. Lyd ia Chepkoech Songok Female Adult Representative Appointment, pursuant to Sec.43(2)(c) 12. Loic e Jepketer Cheruiyot Female Adult Representative Appointment, pursuant to
Sec.43(2)(c) 13. Mar y Gathoni Githae Female Youth Representative Appointment, pursuant to Sec.43(2)(c) 14. Sali na Kibor Representative of Persons Living Appointment, pursuant to
with Disability Sec. 43(2)(d)
Who is seconding?
Let me ask Hon. Murugara, the Chairman of the Departmental Committee on Justice and Legal Affairs to second.
Thank you very much, Hon. Speaker. Allow me to second the Motion, so that the 63 constituencies may have functional NG-CDF committees to proceed with their functions and discharge their mandates.
With those remarks, I beg to second.
Members on their feet, take your seats. Hon. Naisula, take your seat.
Put the question.
Can I put the question?
Yes.
Next Order.
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Who was on the Floor?
Hon. Okello, what is it?
Hon. Speaker, thank you for the opportunity. I may have inadvertently lost the thread of events, because I was waiting for Questions and Statements. I thank you for your indulgence. It is the eleventh time I am raising the issue of classification of hardship areas.
Take your seat. You have over-flogged that issue. Leader of the Majority Party, in the course of this week ensure that you bring a statement on the criteria for classification of various parts of this country as hardship areas. Hon. Jared Okello, the Member for Ahero, has been flogging this issue.
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Yes, Member for Nyando. Ahero is your headquarter. Many other Members have been raising similar issues, including the distinguished lady from Gilgil, Hon. Mwashako from Wundanyi and Hon. Katana from Ganze. Are you able to bring a report on Thursday? Better still, Hon. Owen Baya, the Cabinet Secretary responsible for classification of hardship areas is appearing in the House tomorrow afternoon to answer the Questions you have listed. If you can communicate to him that the House also anticipates a statement on classification of hardship areas, I can give him an opportunity to apprise the House on the criteria used.
Ona point of order.
Yes, Hon. Wanjala.
Thank you, Hon. Speaker. On the same issue, when they classify a place as a hardship area, they have discriminated other government officers and only pay teachers. Yet the other government officers like the police, agricultural officers, Deputy County Commissioners (DCCs), assistant chiefs and others also work in the same areas. Could the Cabinet Secretary also tell the House whether they will pay hardship allowances to all government officers within a hardship area and not only teachers?
Hon. Wanjala, it will be very dangerous for the country to go that route. Is there any place that can be classified as a hardship area for a police officer or a DCC? Their duty is to work everywhere and protect people. Unless you want to declare every place a hardship area, I will not encourage that.
Hon. Gisairo, did I see you raise your hand?
Yes, Hon. Speaker, but it was not on this issue.
Was it something different?
Yes.
Take your seat. Member for Chepalungu, Hon. Mandazi.
Thank you, Hon. Speaker. While I appreciate the report that will be brought by the Leader of the Majority Party on Thursday, I had presented a petition on the same matter and would wish to know how far it has gone.
Hon. Mwashako.
Thank you, Hon. Speaker. I want to apprise Members that this House approved a petition to classify Wundanyi, Taveta and parts of Mwatate constituencies as hardship areas for teachers. I expect the Cabinet Secretary, who is appearing tomorrow, if not to declare any other place as a hardship area, to at least declare the areas that this House had approved.
Thank you.
Hon. Mwashako, your constituency is one of the greenest and most beautiful parts of this country. Is it a hardship area really?
That is the misnomer around this issue, Hon. Speaker. We presented a petition and the TSC and an inter-ministerial team visited Taita Taveta, particularly my constituency. Forty per cent of my constituency consists of highlands that receive moderate rainfall. But 60 per cent of the constituency faces extreme hardship. Beyond that, we are the worst affected by human-wildlife conflicts and killings. Therefore, you can be deceived when you visit Wundanyi Town and imagine that the entire constituency is evergreen. That is only a fraction of the constituency.
Message received.
Hon. Speaker, allow me to add. I agree with Hon. Wanjala to the extent that sometimes the ministry classifies a constituency to be a hardship area but leave out a small fraction of the same. This creates an imbalance where no teacher wants to work in that fraction. I am talking about the Ronge Zone in Mwatate. When 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 Cabinet Secretary comes, I beseech you to support the classification of Ronge in Mwatate Constituency, Wundanyi and Taveta constituencies as hardship areas. This House pronounced itself in the last session that those areas should be classified as hardship areas for our teachers.
Hon. Katana.
(Kaloleni, ODM)
Hon. Tindi Mwale.
Thank you, Hon. Speaker. As much as my colleagues are more concerned about the hardship areas, it is prudent that we do not pre-empt or try to coach the Cabinet Secretary on what he should tell us. We should leave it at that and move to the next Order. We will listen to the Cabinet Secretary tomorrow.
Thank you, Hon. Tindi, for helping the Speaker. Hon. Hassan.
Thank you, Hon. Speaker. I fully agree with you that this matter has been overstretched. The fact is that there are some troubled places and arid areas whose residents need some support. However, to be honest, I feel that this House is becoming a bit greedy in the sense that beautiful places like Taita Taveta and many other places are demanding to be included in this category of hardship areas. Let us be fair to underdeveloped areas of our country that need support, rather than overstretching ourselves to include every district in our country.
Hon. Chonga.
Thank you, Hon. Speaker. This subject is very interesting. As much as Taita Taveta is green, I am very sure that Kwale is very dry. I am a victim. The challenge is that most teachers want to be transferred to the hardship areas leaving the greener areas very vulnerable. The performance in green areas is declining because of insufficient teachers and facilities. All the teachers are moving to the hardship areas. This matter needs to be addressed. It has greatly affected Kilifi South Constituency. As we wait for the Cabinet Secretary to come and address this issue, Parliament also needs to address it so that some areas are not left as enclaves. Thank you, Hon. Speaker.
Hon. Keynan. We should finish with this issue.
Thank you, Hon. Speaker. The terms “hardship” and “hardship allowance” have been abused over the years. I request for your protection from my good neighbours.
Okay. You are protected.
Hon. Speaker, the terms “hardship” and “hardship allowance” have been abused, just as Sessional Paper No.10 of 1965 has been abused. It is high 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.
time we thought outside the box and accepted the reality that Kenya is a country of diverse environmental and climatic conditions. That reality should sink in just like it has in terms of equalisation. Hon. Speaker, you are a renowned constitutional lawyer. I want you to reflect on these abuses, the clamour for every area to be classified as a hardship area and for everyone to get hardship allowances vis-à-vis what has happened to equalisation. When shall we have a country united by its diversity? As the Cabinet Secretary comes, let us end this issue once and for all. Over the last few years, the posting of teachers to regions in Northern Kenya has been abused just because of hardship allowances. It is high time Members of the National Assembly accepted that Wajir is different from Baringo, Laikipia is different from Bungoma, and Mombasa is different from Nairobi. This reality must sink in so that our country depends on the strength of its diversity in terms of people and climatic conditions.
In conclusion, it is said that Kenya has the eight wonders of the world. We have semi- arid regions such as where I come from. We have the coastal region, mountainous areas, plain land and the Rift Valley. The reality is that those regions cannot be the same. I plead with the leadership and whoever will bring this answer tomorrow to be firm, decisive and bring this issue to rest once and for all. It has been abused.
Go on.
Hon. Speaker, you were there during the drafting of the current Constitution. One of the issues that we fought for under the current Constitution was the pure presidential system. Some people wanted a pure presidential system, while others wanted a pure parliamentary system. Those of us who have suffered as a result of the Constitution coined the idea of devolution and equalisation. I am sorry to say that devolution is not working as expected. Equalisation has been abused. The definition of arid and semi-arid areas and hardship areas has been abused. When will we have a country with equity and one that appreciates the uniqueness of every region?
Hon. Speaker, I know you have done a lot. I do not know whether Members and my good friend, who is also a seasoned lawyer, are privy to the Supreme Court decision on the NG-CDF. The NG-CDF defines certain things within our governance structure. I believe in your leadership, Hon. Speaker. Do not leave it to the Cabinet Secretaries. Can you guide them to bring this matter to an end once and for all, so that there is predictability, certainty and a guarantee of what will happen to whoever falls under that definition of “hardship areas’?
Hon. Pareyio then Hon. Makilap, kisha tufunge na Hon. Murugara.
Thank you, Hon. Speaker, for giving me this opportunity to add my voice to this issue of hardship areas. I brought this issue before the House last year. My constituency qualifies to be a hardship area. I say so because teachers are running away from schools in my constituency. My neighbouring constituencies are all beneficiaries of hardship allowances but no area in Narok North Constituency has been classified as a hardship area. The teachers in that constituency suffer a lot because they travel many kilometres to reach schools. We have no roads. Those teachers have no houses within school compounds, so they live in the town centres, which are very expensive. I ask that Narok North Constituency be considered as a hardship area. Meanwhile, let me wait for a reply from the Cabinet Secretary. I asked that question when he came here, but I have never received a reply. Narok North Constituency qualifies to be a hardship area like other neighbouring constituencies which are benefiting.
Hon. Makilap. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Speaker. The Member for Nyando Constituency wanted the criterion for classification of hardship areas in the country and how it can be applied. If we define hardship areas in terms of how hot or cold they are, we are missing the point. Hon. Speaker, we should define hardship areas as per the availability of road network, electricity, goods and services, movement and transport. We should also look at congestion. Nairobi City County is a hardship area because it is too congested and the cost of living is very high. So, let us look at the whole country. The cost of living in Kenya today is a hardship for everybody, including where children are born. There is a critical need to apply hardship allowance across the Republic of Kenya, so that every person who faces hardship in this country, in one way or the other, will benefit. Otherwise, this will be a selective injustice to parts of Kenya. If we have to apply hardship allowance in accordance with the degree of the sun, or hotness and coldness of a place, then we miss the point in the entire country. We need to fix this matter. For example, Baringo County is a hardship area. However, Eldama Ravine Sub- County does not have a hardship area, yet their neighbours in Elgeyo-Marakwet County—who experience the same degree of coldness as the ones in Timboroa— get a hardship allowance. It is discrimination. Government employees move from that area to other areas looking for a better package. We need to think about Kenya holistically, so that we can have something else, but not hardship allowance, that can be given to all civil servants and government employees across Kenya based on the degree of cost of living and accessibility to the most basic needs of human life. If we do that, we will make Kenya equal for all of us. That is the only way we deal with the hardship allowance. Otherwise, it will continue to be an inequality and injustice for parts of the country. Let us think broadly in a way that can sort the whole country. Otherwise, we shall classify our areas as banditry areas very soon, and we shall demand banditry allowance because bandits make us suffer. Others will have Al-Shabaab allowance because of Al-Shabaab attacks. Let us look for something that will bring uniformity for government employees across the country because of the accessibility of the things that I have said. Thank you very much.
Hon. Murugara.
Thank you very much, Hon. Speaker. The issue of hardship allowance and declaration of hardship areas may today be termed historical injustice. It dates back to just days after Independence when the then Minister for Economic Planning and Development, the late Joseph Thomas Mboya, came up with Sessional Paper No.1 of 1965. This is where, for the first time, it was proposed that productive areas had to get more resources than areas that are less productive. To compensate those areas that are less productive, hardship allowance was introduced. Unfortunately, as we speak today, if we go by the way we make our budgets, you will find that some counties that are considered to be more productive get the chunk of our budget, while those that are thought to be less productive get very little. This is unjust. It cannot be protected anymore. We should think about it. Secondly, you will find that there are areas declared as hardship like Tharaka Constituency. This applies to teachers and the Judicial Service Commission staff. Next door is Chuka/Igambang’ombe Sub-County which is exactly like Tharaka, yet they do not get hardship allowance. When we look at it across the country, it is unfair or unjust. It should now be equalised so that hardship areas which are less productive are given more resources to catch up with other areas in Kenya so that we have some parity of some sort. Thank you, Hon. Speaker.
Hon. Wangari is the last one to contribute. Yeye atafunga hapo. 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. Speaker. This issue recurs because of the mystery surrounding hardship areas. We asked the same questions that we are asking today last term. First, it was difficult to know who does the classification. It was taken to TSC, but we thought it was done by the Ministry of Education. Then, it was taken back to the Ministry of Interior and National Administration. Even knowing the person in charge of it was a problem. That is why you see Members being very jittery because this is an issue that is shrouded in mystery. The ones who benefit do not want the issue to be opened up. You cannot say that Kenya before devolution is the same one that was in the 1960s or 1970s. Some areas were classified as hardship areas at that time, but today, with devolution and development that has gone on, they are no longer hardship areas. The Cabinet Secretary must demystify this mystery. Let us know the parameters that were used, whether they change, and who makes the changes. If you remember, when we were discussing National Police Service housing, it was applied across the country. Some people will look at Gilgil Constituency, and say it is not a hardship area. However, a teacher from Gilgil Town will need two hours or more to get to a school in Gwa Shati or Thugunui. What we need from the Ministry tomorrow are the parameters. Have they changed? More importantly, is there a periodic review and how is it applied, so that we know how you qualify? Teachers move from any area which does not have hardship allowance. Those in the hardship allowance areas even bribe their way to stay there. They stay in one place until they retire because they do not want to be moved from that area. If we do this, we will be dealing with the whole country. We will have a way forward instead of having this issue in every Parliament. We have been talking about it from the Eleventh Parliament. Thank you, Hon. Speaker.
Hon. Owen Baya, you have heard all these cries from various Members. From where I sit, it is a question of poor management. When people look for public jobs, be it a teacher or policeman, they say they are ready to work anywhere and everywhere. You are crying that they are running away now. How can somebody run away from his job without authority? It is a question of management. Tell your Cabinet Secretary to come and tell us the criteria of classification of hardship areas. There is a classic case of Hon. Jared Okello. If you know the geography of his area, Ahero is not a hardship area. Nyakach, which is better than Ahero, is classified as a hardship area. That is what he has been telling us here. Muhoroni, which is a settlement and very productive agricultural area, is a hardship area. Ahero which is ravaged by floods every year is not a hardship area. This is the kind of issue that you should deal with. Your Cabinet Secretary will have sufficient time tomorrow to deal with this issue. He will have at least 30 minutes before he goes to the rest of the questions, unless you have another idea to give us.
Thank you very much. I share the sentiments and agree with what has been said. However, I can see two different sides. The Cabinet Secretary for Interior and National Administration may not be the right person to deal with this matter, but the Cabinet Secretary for Public Service, Performance and Delivery Management.
Is it the Cabinet Secretary for Public Service, Performance and Delivery Management?
Yes.
If it is the Cabinet Secretary for Public Service, Performance and Delivery Management, the designated one is here.
We will require him to bring the Report here immediately after he is sworn in.
On a point of order, Hon. Speaker. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hold on, Hon. Owen. There is a point of order from Hon. Jared Okello.
Hon. Speaker, what we are talking about now concerns a report that was written by a multi-agency team that was headed by the Ministry of Public Service, Performance and Delivery Management. It delved into areas where the hardship allowance is deserved. Therefore, it informed a new gazettement of those areas. It was written by the multi-agency team which was headed by one, Mr Sylvester Bolo. The Ministry of Public Service, Performance and Delivery Management has it. I have been agitating for this report to be brought before this House for discussion. However, I know and understand that there are many areas that were left out. Therefore, it will form part of our discussion of that particular report.
You have made your point. Hon. Owen.
The Department of Personnel Management within the Ministry of Public Service and Human Capital Development is the right place.
When do you want to bring the Cabinet Secretary here?
Probably, we could plan for him to come next week, however, we do not have a substantive Cabinet Secretary in the office. Therefore, give us time. The information I have is from talking to the previous Cabinet Secretary about the same thing.
In the absence of the Cabinet Secretary, you can summon the Prime Cabinet Secretary to come and respond.
All right. Much obliged. We will write to the Prime Cabinet Secretary to come and respond to the same.
Thank you. Hon. Members, allow me…
Hold on Hon. Gisairo. Allow me to acknowledge, in the Public Gallery, the following institutions: Karatina University students from Mathira Constituency, Nyeri County; Ngatha Comprehensive School, Ol Jorok Constituency, Nyandarua County; Kimuchul Secondary School, Bomet East Constituency, Bomet County, MCK Wesley Boarding School, South Imenti Constituency, Meru County and Ndamene Junior School, South Imenti Constituency, Meru County. On my behalf and that of the House, we welcome the students and their teachers to the House of Parliament. Hon. Gisairo.
Thank you Hon. Speaker. I expected that we were going to have Statements, and so I rise on that point. Following what my Hon. Chairman of the National Government Constituencies Development Fund Committee presented, we have passed a Motion agreeing to the formation of Constituencies Development Fund Committees (CDFCs). The reality is that we are now in the last quarter of this financial year. While in Naivasha, I remember very well, the Cabinet Secretary promised that he was going to send Ksh7 billion twice in the month of February and then another Ksh7 billion on a monthly basis up to the end of the financial year. As we speak, the Board only received one Ksh7 billion last year and a second disbursement of Ksh7 billion in the month of February, whereas he had promised to send two payments of Ksh7 billion. Members here who represent their CDFCs are not able to give bursaries yet we are done with Term 1. University students are supposed to collect their exam cards subject to payment of fees, and some of them rely on bursaries from NG-CDF. We are being taken round in circles and the financial year is coming to an end. I have seen some CDFCs purporting to take photos that they are launching bursaries just to save themselves from angry students, but in reality, there is no money going to the universities or 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.
Hon. Speaker, the Statement by the Cabinet Secretary was made in your presence while you chaired that meeting. We are not going to allow this House to be taken on a wild goose chase. Can you guide this House on the way forward on the matter of disbursing the balance of the NG-CDF? Out of the Ksh54 billion, they have only remitted Ksh14 billion, and we only have three months to go. Thank you.
Hon. Nabii Nabwera, is it on the same issue?
Yes. Hon. Speaker. The issue raised by Hon. Gisairo is very grave. You may not be aware that up to now, we have some Grade 9 students who still do not have classrooms simply because CDFCs had budgeted to use the money that was to be disbursed this financial year to fill the gap that the Kenya Primary Education Equity in Learning Programme (KPEEL) from the Ministry of Education, was not able to fill. These students are learning outside under trees and in tents. The rains have come. In my constituency, on Sunday, the rains swept away a whole school. I do not have NG-CDF money which can be used for emergency purposes. It is unfair for the Cabinet Secretary, especially in a meeting that you chaired, to commit and purport that he would release money whereas in reality he knew very well he was not going to. We need your intervention on this matter so that we can save students in universities, colleges, and primary schools who do not have shelter. Thank you, Hon. Speaker.
Thank you. Hon. Owen Baya, liaise with the Ministry of Education and report back to the House on Thursday, 3rd April 2025 in the afternoon on the schedules of disbursement of NG-CDF.
Thank you. Much obliged.
We had called out Order No.11. I am told Hon. Kajwang’ moved the Motion and Hon. Jematiah…
Hon. Saney is to second?
Hon. Saney will second.
Hon. Saney, are you ready?
Go ahead and second the Motion.
Hon. Speaker, I beg to second. Motorcyclists, commonly referred to as bodabodas are a very important segment of our transport system. Bodabodas offer the last mile connectivity. They are the only accessible and cheap mode of transport in the dark and narrow alleys of our cities and all our urban centres. Most of the time, it is motorcycles that are entangled in the bushes and thickets of the countryside trying to make sure that goods, services and people are delivered to where they are needed most. Bodabodas offer employment to our youth. Quite a big number of our youth are engaged in motorcycle transport, eking a living. They serve them as a reliable form of employment. When the Committee met different stakeholders and went through Petition No.14 of 2024 and interrogated all stakeholders, they found out that there are three outstanding issues in the Petition. First, lack of recognition in law and by Transport Network Companies (TNCs) by the motorcyclists. Secondly, they also go through many agonies, including welfare issues that they do not get the required protection when they are doing their business. Most of the time, they are deactivated by the TNCs without notice and in a very unjustifiable way. In a way, it chastises cyclists without looking at their interests. Thirdly, pricing has been an issue.
Despite being such a huge segment of our transport system, motorcyclists end up being passive takers of prices. They are supposed to negotiate and be a force to reckon with in our market. They end up not getting prices and profits commensurate to the work they do. That way, prices are unjustifiable in regard to what they do. Out of the triangulation of these three main factors, the Committee came up with a raft of recommendations amenable to the sector’s contribution to the country. One of them is to make sure that they are recognised in law and TNCs. Hon. Deputy Speaker, regulations will help to level the playing ground for different sectors. They will ensure there are rules in place to treat every person or segment of the transport sector fairly and in a very transparent way. If this is done, the sector will blossom in a very entrepreneurial setting. Further, the amendment of the National Transport and Safety Authority (Transport Network Companies, Owners, Drivers and Passengers) Regulations, 2022 that has been recommended by the Committee attempts to regulate and provide a safety net so that the bodaboda riders get the right protection against those extreme abuses they have been facing in the past. It will also ensure that this sector is recognised and can do business in a very thriving way without being agonised or mistreated. With those few contributions, I second, Hon. Deputy Speaker.
Those Hon. Members who want to contribute to this debate, could you press the intervention button? Okay, Hon. Irene Mayaka.
Thank you, Hon. Deputy Speaker, for this opportunity. I hereby stand to support this particular report because e-hailing motorcycle services in this country have become one of those things that are called a ‘necessary evil.’ It is a service that is widespread all over the country. Every county in this country has these services 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.
already. I have had an opportunity to interact with how the legal framework has been done in some of the other countries, especially in Asia and some of the African countries. I can tell you for a fact that because of them being able to put legal frameworks and recognition of this particular service, they have been able to increase the efficiency and security not only of the service providers but also of the people who particularly consume this service. One of the things that will be helpful in this is data protection because data protection in terms of the people who use any online platforms has become quite a big issue. I like the fact that the Committee has recommended that that be one of the solutions to ensure that there is proper governance in that particular space. We are also talking about automated payments and security. It can become very cumbersome for an e-hailing operator to walk around with physical cash. So, having automated payment processes for this will be very helpful. I have seen that one of the recommendations the Committee has made is speaking directly to the e-hailing service providers who distribute food. I do not know if it has had an opportunity to interact with the dabbawalas of Mumbai in India on what they have been able to do in that particular space because that is one of the oldest and most successful stories when it comes to food deliveries. What the dabbawalas used to do and are still doing, because it is a business that has been there for more than 130 years, is that they collect food from the different homesteads in India and take it to the workers in another area. It has been reported that they have had 99.9 per cent accuracy in terms of collecting foodstuffs from the right homesteads, transporting the same to the right workers, and transporting the containers back. So, this is one of those stories that I would like the Committee to have a look at especially now that they are recommending for us to have a proper way of doing food deliveries because that is a very sensitive area. If you look at some of the recommendations the Committee has made, they make a lot of sense. You can also see that they affect different departments and ministries. But my worry, and I am hoping the Committee is listening to this, is that under each recommendation, they have given a timeline of 90 days for different ministries to process the recommendations and bring their reports back to the House. However, in the recommendation, they do not specify when they would like these different ministries to start. A ministry like the Ministry of Information, Communication and Technology (ICT) which has been tasked with developing a digital courier services network could start its job tomorrow and then another ministry like the Ministry of Roads and Transport which has another task, starts their report writing after one week or a month and all of them have a period of 90 days. If this is not happening at the same time, it means that we will finish this parliamentary calendar without a formidable multi- sectoral engagement on how this legal framework will have been done. This will render the work of the Committee a process in futility. Therefore, I am hoping that the Committee is listening to this and that they will take it into consideration to ensure that if it has different ministries working on coming up with a legal framework that is relevant to its specifications, then it needs to have it happening concurrently so that we can have an actual report in 90 days rather than not giving them particulars of why they want to process this. Having said that, and with that recommendation that I am giving to the Committee, I would like to once again support this report and hope that this is finally something that we will be giving back as a gift to the people who are operating in this space so that we make it more efficient and safer for both the service providers and for the people who are using that service. With those few remarks, I support and submit. I thank you.
Member for Seme, Hon. James Nyikal.
Thank you, Hon. Deputy Speaker, for this opportunity. I rise to support this report because the Petition was based on a very competent view that when the NTSA was making the National Transport and Safety Authority (Transport 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.
Network Companies, Owners, Drivers, and Passengers) Regulations, 2022, they excluded motorcycle riders. On that basis, they were not able to engage them during the process. So, that is a big omission. You may have noticed even now, that with the implementation of the traffic laws, the motorcycle riders seem to have been left out. If you look at how they are riding in town, they do not seem to be observing traffic regulations. As much as it may be seen that we are being fair to them, there is a big danger. We are exposing them. So, if you look at accidents that they get involved in, it is because we are not enforcing the laws that protect them. Laws protect people. Sometimes the laws protect you from yourself. I was very concerned that even when they were making these regulations, they left the motorcycle riders out. So that is something we should never do. But over the period, again the Committee realised that the sector has grown and it is not only motorcycle riders, now there are three-wheeled riders, bicycles and even pedestrians who have been involved particularly in courier services. So, we then have left out a very huge aspect. If you look at courier services, I do not think there is any that is doing more volume of work than the motorcycle riders. It has now been realised that it is now the most digitised sector. Because of the digitisation, KRA has collected so much revenue of up to Ksh15 billion between 2022 and 2024. An industry that brings that much revenue should never be left out. Having looked at the Report, I support the recommendations arising from the observations and what we see ourselves. The Report says it is now upon the Cabinet Secretary for Roads and Transport to revise the regulations. It goes without saying that if regulations leave out a major player in the industry, they need to be revised. I support that recommendation wholeheartedly. A very important recommendation that the Committee has come up with is that when revising the regulations, the Ministry needs to do an impact assessment of what they propose. That is something we often ignore when making policy changes. The Ministry should assess the impact that the regulations will have on the industry and on the traffic in town. That is extremely important. We are now in a digitised world. Therefore, we must look at the issue of data protection. If we bring the digitised players into the regulatory framework, we must consider data protection. This will protect the people using the taxis and the operators themselves. When you use the services of these digitised industries, you give so much information that you are not sure where it will reach and what it will be used for. Many of these industries are run by people from outside. It is important the industries have local presence. It is possible for a digitised industry to run without an office in the country. That is something we must avoid. With those remarks, I support the Report.
Hon. Members, no one has pressed the intervention button. Member for Kwanza, do you want to contribute? You may proceed. Any Member who wants to contribute, please; press the intervention button.
Hon. Deputy Speaker, thank you very much for giving me this opportunity. I have not read the Report. This sector is one of the biggest in the economy of this country. There is a big population in the bodaboda business. As the last speaker said, we need to have headquarters for bodaboda operators so that we know how much revenue we can get from the sector for the benefit of our country. That way, we will recognise the sector so that the operators can participate positively. Secondly, given that it is a sector that provides the best service in this country, we should have regulations to guide it. As at now, the bodaboda business is conducted haphazardly. Anybody, including you and me, can become a bodaboda operator and do whatever they want. Let us have a legal framework to regulate this sector so that whoever gets 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.
involved is registered and we know who they are and from where. If anything happens, we can trace the operator. When bodaboda operators cause accidents, they disappear and you cannot get them. It is only good that when somebody buys a motorcycle, they are registered so that we know where they are operating from. If anything happens, as it does every other day, we can trace the particular individual and act accordingly. It is important that we register and legalise bodaboda operations. I have been to Pakistan, where there are many bodaboda and tuktuk operators all over the place. They provide very good service. In fact, we should go to Pakistan for benchmarking to understand how the sector is managed. It is one of the best. I did not go to India but I found Pakistan very organised. They are very good in service delivery because they are registered. When somebody is supposed to deliver a parcel or food to you, you can track them because they are registered. In Kenya, bodaboda operators are not registered. If we do not register them, we will not develop our country. If we register them, the economy will move a step further. Another thing I would like to mention is security within the sector. If we do not register individuals operating in the sector, we will continue to have insecurity. There is a lot of insecurity that is associated with bodaboda operators. Thugs use bodaboda to do odd things. The best thing to do is to adopt this Report and have bodaboda operators recognised and registered for security reasons. With those few remarks, I support the Report.
Member for Limuru, Hon. John Kiragu.
Thank you, Hon. Deputy Speaker. I rise to support the Motion. It is very important because it addresses key issues that affect bodaboda riders. The riders are seeking legal recognition. This is a thriving industry but for some unknown reasons, it was omitted when we were recognising others in the same business. Bodaboda operators deliver various items, including food. One of the key things that have come out in the Petition is that there is a mix-up as to whether the bodaboda operators are independent contractors providing transport service or they are employees of the transport network companies. There are times when riders are given prices that include discounts given by the network companies to clients. If the operators are employees, then they should be protected as such. This unfair treatment is what the petitioners are asking us to address. Another problem is that even if you wanted to reach out to the transport network companies, they do not have local contacts. There is no local telephone number that you can call. You are forced to call overseas if you need to complain. This is something we need to look into end ensure that nobody is allowed to transact business in this country with an unregistered entity. The petitioners called for various regulations and it is important that we help them to ensure that the industry is properly regulated, recognised and, above all, the digital data of the service providers is protected. If that data lands in the hands of the wrong people, it may become a security problem for the people in that sector.
We cannot ignore the petitioners. They are already contributing to the economy of this country. They are already making deliveries or providing transportation. They should not be discriminated against just because they use other modes of transport that are not major transport vehicles. I support the recommendations. The Ministry to which the Petition has been referred should do its part so that we relieve the pressure on the Bodaboda Association of Kenya.
Member for Suba North, Hon. Millie Odhiambo.
Thank you, Hon. Deputy Speaker. I support the Motion. I will be very brief because I do not want to repeat what other Members have said in regard to the importance of this sector. Especially, with the current challenge of youth unemployment, we should recognise this sector. The only thing I want to add is the fact that we must re-look at our infrastructure. 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.
Every time we construct roads, we do not take into account the fact that we have riders, yet their existence is a reality in this country. I encourage Hon. Irene Mayaka, with her nice energy, to bring an amendment that obligates the Ministry to make provision for pedestrians and riders in every road design. That is being done in our neighbouring countries. Ethiopia is putting us to shame. Beyond just appreciating the opportunities for youth employment, we should also consider the issue of infrastructure. I always look at the issue of mainstreaming gender in every sector. Let us not forget women representation in every sector. The bodaboda sector is male-dominated. I hope that will change in the near future. Before I joined Parliament, I participated in a programme which advised the government in different sectors. I worked with seven government ministries on a programme called Mainstreaming in Action, where we were mainstreaming issues of gender, youth and people with disabilities in government programmes. I am happy to see many women working in the construction industry today, courtesy of that programme. When we started, there were no women in the construction industry. There are now women contractors and women working at construction sites. They are doing the real work of construction. Let us not limit women to nurturing and caring roles. Let us include women in every sector. With those few remarks, I support the Motion.
Hon. Members, allow me to acknowledge the presence of students of Kisii School from Nyaribari Chache Constituency, Kisii County. On my behalf and that of the substantive Speaker and Members of Parliament, we welcome you to Parliament. Next is the Member for Tharaka, Hon. George Gitonga.
Thank you very much, Hon. Deputy Speaker. This is a very important Motion calling upon the House to adopt the Report on a Petition which was presented to the House and committed to the Departmental Committee on Transport and Infrastructure. The Committee has prepared a detailed report on how the matters raised in the Petition can be handled. Actors in the bodaboda sector are usually very restless. Sometimes they get concerned when they hear that we are debating that sector in the House. The mention of the word “registration” sends jitters down their spines because they think we are out to control and regulate them in a manner that will make them totally unable to operate.
I wish to confirm that what is before the House this afternoon is a Report of the Departmental Committee on Transport and Infrastructure regarding a Petition which was brought here, seeking that we legally recognise and protect the e-hailing motorcycle riders and delivery personnel. Those people are in a forum where you can order for a rider who will make a delivery or offer transport services, including the famous Uber. It is nothing new that should worry the bodaboda riders, but it should be known that we require a legislative framework that recognises and protects all riders who get into this forum to transact business. It goes without saying that the bodaboda sector is one of the key economic sectors in the country. It forms a good percentage of our economic base in the country and, therefore, from time to time, we have to think about them. During the election campaigns, our manifesto had a chapter on people at the bottom of the pyramid, who need to be uplifted. That has not been lost because the Government continues to put in place measures to ensure that the people at the bottom of the pyramid are gradually brought up so that we have an element of parity and equity as we move towards development. This is a very important Motion. Let us adopt the Report by the Committee so that when the Committee brings the Bill for legalisation and recognition of the e-hailing riders, we do not have any problem passing it to protect riders. We will also continue examining the existing legislation that governs the bodaboda sector in the country to make it better and protect it. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Members of the public should not view the sector as wayward, lawless and disorganised. In fact, I always commend bodaboda riders in my Tharaka Constituency because they have formed a SACCO. If they save well and attract more members, they can establish a small-scale bank in future to better their lives. I have been approached by other bodaboda riders from the rest of Tharaka-Nithi County with a request to assist them to establish a SACCO so that it can empower them. With those remarks, I beg to support the Motion.
Member for Kitutu Chache North, Hon. Japheth Nyakundi.
Thank you, Hon. Deputy Speaker, for giving me an opportunity to add a word on the Motion. Before I do so, allow me to, first of all, welcome the great school, Kisii High School, to this august House. I am an alumnus of Kisii High School. It nurtured and mentored me to be who I am today. It is the best- performing school in Kisii County and the entire Nyanza Region. I welcome them to this august House. The school nurtured us to be what we are, and to be leaders in this country. I believe that several students who are here today from Kisii High School will get opportunity to be Members of Parliament, doctors, engineers, teachers and people of substance in this country. I welcome and wish you all the best. As you go back home, on behalf of the people of Kisii and those of Kitutu Chache North, kindly, say ‘hi’ to your people – the teachers and the rugby team that is competing at the national level right now. With those remarks, I support.
Member for Emurua Dikirr, Hon. Ng’eno.
Thank you, Hon. Deputy Speaker, for allowing me to weigh in on this Motion which majors on a public Petition by the motorcycle riders and delivery personnel. Motorcycle riders form one of the vital organs in the transport sector in this country. They are the largest group of transporters in this country. Many people use motorcycles. Most of us use them when we do our stuff in the constituencies. We normally engage them because they can easily access anywhere. They can transport anybody to any place without fear or problems, and they are not expensive. When such a Petition is presented before this House, those of us who understand their importance must ensure that we support it and improve the issues they raise. The safety of motorcycle riders is very important. Sometimes they are called at night and they take customers to dangerous places. It is important that if we fix these gadgets, we will easily track them or they can easily tell from the offices or their headquarters where the motorcycle rider has taken the customer. Somebody can pick a motorcycle right now, do whatever they want to do and nobody can track or trace where they are. This is important for their safety. Secondly, on the same note, safety against theft is also important. Some people are malicious and may want to take advantage of the young men who ride motorcycles for a living. They steal the motorcycles from them. Once we put them in the bracket of Bolt and Uber, the safety of the riders and motorcycles will be assured. Let us remember that nowadays both male and female riders are engaged in this business. Sometimes it is very dangerous for our ladies to ride them. We should improve this recommendation so that we not only have gadgets that show where a rider is, but we can also put trackers that can assist in tracing riders wherever they are. We can also have alarms, so that in case of any issue, they can assist us in tracing and assisting them. We must assist these young riders because this organization has to be improved to have a countrywide SACCO. We can subdivide them into regions or even counties. We should improve their businesses so that they can do legitimate business and earn a living. Most 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.
riders do not own the motorcycles they ride, but they should have a percentage of the proceeds in those businesses they are engaged in. As Members of this House, we need to help motorcycle riders because we normally engage them, especially during our campaigns. We put them on the roads and expose them to risk. Once our campaigns are over, they end up with the same trend of poverty. I want us to improve these matters so that they can have livelihoods. Just like what my colleagues have said, there are some countries which have proper control of motorcycles. When I went to Rwanda about five years ago, I realized that motorcycle riders have their track. They do not use the same lanes with motor vehicles. They also carry at least one passenger, which is for safety. We should introduce rules that can help…
You can finish your sentence.
Thank you, Hon. Deputy Speaker. Due to the bad state of our economy, sometimes you find a motorcycle rider carrying six people. It is not their wish to do so. It is because of the problems they face. We need to control the number of customers they carry to at least two or even one, so that it can be a controlled sector. Finally, most of the motorcycle riders are normally knocked down by motor vehicles or are involved in other accidents. It is very dangerous because most of them die or sustain injuries that are very expensive to treat. They must have insurance covers, just like motor vehicles, to cover both the rider and motorcycle. Whenever they have accidents, they can be properly covered and assisted. I thank you, Hon. Deputy Speaker.
Is Hon. Mogaka here? He is not here. He had put up his hand. Let us have Hon. Catherine Omanyo.
Thank you, Hon. Deputy Speaker. I fully support that our bodaboda riders should be safeguarded. Sometimes they learn how to ride at home without knowing the traffic rules or engaging further to understand that they are at risk by not knowing or understanding the rules of the road. We should license them and make sure that we have data from across the country, starting with Busia all the way to Garissa. Nowadays bodaboda taxis are all over the country. If we make sure that they know that they will be marked and their licence taken away if they are reckless on the road, it will help to reduce accidents. They need to be insured. Most of them are not insured. They do not know that without insurance, if they are involved in accidents, they will not be compensated. I like the Motion and I would love to see that we follow up on it and make sure that our bodaboda riders are safeguarded. Thank you, Hon Deputy Speaker.
Member for Yatta, Hon. Robert Basil.
Thank you, Hon. Deputy Speaker. Allow me to weigh in on the Motion on protection and recognition of the e-hailing bodaboda riders. App- based riding will help in mitigation of crime because most of the riders will be registered and we will be able to track them. That is one way of managing crime because most of the criminals escape using bodaboda motorcycles. Another important reason as to why I support this Motion is because of employment. Most of the youth today are grappling with unemployment. The bodaboda sector not only creates employment to the youth through riding but it also support mechanics who repair 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.
motorcycles as well as those who sell spare parts. It is, therefore, important to understand that this is a sector that contributes greatly to this country’s economy. Another good reason as to why I support this Motion is because bodaboda riding is affordable and provides very fast transport. Most parts of rural areas are only accessed through motorcycles. We also need to understand that a majority of the people who work in remote areas need to access their workplaces on time. The only affordable, accessible and fast means of transport is motorcycle. Another simple reason as to why I support this Motion on recognition and protection of motorcycle riders is because they boost businesses. The trend is that motorcycles boost
and small businesses by providing accessible transport. I also find it important to support this Motion because roads in the rural areas are in pathetic conditions and the major movable assets, like vehicles, cannot move from point A to point B. The only transport option left is the motorcycle. That is why this Motion comes in handy to support transport of goods and services in the rural areas.
When it comes to revenue generation, this country needs money to generate enough revenue to support both recurrent and development expenditures. Motorcycles, being affordable and being the majority in terms of what we have as means of transport, particularly for the informal sector, the government is able to collect taxes as the sales of petrol have increased. There are very many motorcycles in the country. The amount of fuel they consume is substantial. This generates revenue for this country. Hon. Temporary Speaker, one important recommendation that could be integrated in this Report is to ensure that the riders are well trained. We need to train them properly about traffic rules and ensure that they observe the rules. At the same time, we should ensure that they put on safety gear to minimise any sustainable injuries when motorcycles get involved in accidents. When it comes to motorcycles crowding our cities, we need to ensure that when we construct roads, we factor in tracks for use by the riders. This will ensure that our roads get to the level of roads in first world countries, which have tracks that are dedicated to motorcycles. Hon. Temporary Speaker, we are in a technological world. If we embrace app-based registration and use of motorcycle, we will align our country with the exponential digital or technology age. That way, we will be supporting the Government in terms of what it is doing about wi-fi. We have wi-fi spots…
Hon. Basil, how many more minutes do you need to conclude?
Two minutes.
Give him the microphone.
Thank you, Hon. Temporary Speaker. I emphasise on embracing technology. Leaders in this country talk about the building digital super highways and establishing wi-fi hotspots. These hotspots can only be put to proper use not only by people who do online writing, but also by bodaboda riders. Anybody can request for motorcycle service through the app-based system. Recognising app-based bodaboda riding will support the Government agenda on establishment of a digital super highway. It will also put us on the same path, in terms of technology, with the rest of the world. We have seen what Uber is doing. They have generated employment for many young people who were looking for jobs. 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 support.
Next is Senior Counsel Stephen Mogaka, the Member for West Mugirango.
Thank you, Hon. Temporary Speaker, for giving me this opportunity. May I, ex post facto, recognise and welcome the students of Kisii High School to this House. I wish them journey mercies on your behalf, Hon. Temporary Speaker, and on behalf of the entire House. Kisii High School is one of the premier schools in that region. It is only my Kibirigo Boys High School that competes with them. I was launching the bursaries at Kibirigo Boys High School yesterday. The number of As they posted are enviable. I will be inviting the Principal, Mr. Clement Nyang'ai, to bring the students who performed well here. Hon. Temporary Speaker, let me now contribute on the Motion. I support the Motion, which is on protection of bodaboda riders, or recognition of the motorbike industry in this Republic. If there is one informal employer that puts money into the pockets of young persons, it is the bodaboda sector. I do not know what we would be doing with our army of youths if a majority of them were not engaged in bodaboda sector. In my constituency, through provision of bursaries, I will be giving out scholarships for training of bodaboda riders to ensure that they ride safely. The training will ensure that riders have basic first aid skills to enable them attend to their passengers in case of an accident. They will also be equipped with some basic auto repair skills to ensure that as they ride on the roads, they are able to self-help. We know that bodaboda is perhaps the only mode of transport that takes a passenger from door to door. In terms of convenience, therefore, the bodaboda sector is the most convenient. When I go round in my constituency, in Miruka, Metobo, Egesieri, Nyamaiya, Nyamira, Konate, Sironga, Mubamba, Mosobeti, Nyapara Ibere and Kebirigo stages, I usually see a swarm of bodaboda riders ready to onboard any passenger to any destination. They are very affordable. In one of my visits to China, I noticed that the Chinese have upped their bodaboda industry. Their bodaboda motorcycles are solar-propelled and not petrol-propelled. They are environment friendly, cost-efficient and more cost-friendly to the users. With our CBC programme and the reality that bodaboda is with us now, it is important that the Education Committee considers including in our curriculum basic training for our children on bodaboda riding, management and repair, so that students can use bodaboda transport to and from school. It will be extremely convenient. Above all, we need to introduce a scheme in this country to equip those who want to own bodaboda to achieve their dreams. We need to consider what the African Retail Traders (ART) were doing with higher purchase for virtually everything, including furniture. How I wish that we can come up with a plan akin to the ART model, to enable people to own bodaboda motorcycles through higher purchase. The Shylocks and other financiers in this country are ripping off people who are in need of commercial loans to buy bodaboda. With those few remarks, I support and thank you extremely for giving me a chance to speak. Thank you.
Thank you very much. Next is the Vice-Chair of the Departmental Committee on Administration and Internal Affairs, Hon. Dido Raso.
Thank you very much, Hon. Temporary Speaker for indulging me. I rise to support this very important Motion. It is said that what you experience every day becomes part of your culture. The bodaboda sector is becoming part of our culture. Out of every 10 travellers on a Kenyan road, seven are ferried by bodaboda. It is affordable, easily accessible, and it can access many places where one may want to go. The motorcycle 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.
has become a major part of the Kenyan economy and a transport lift. For the information of young men and women in this House, many years ago, motorcycles used to be owned by senior teachers, education officers or rich guys in the neighbourhoods. However, it is now the tool of choice for all. It is basically available in the streets and villages. When you drive in Kenya, the mode of transport that you cannot fail to see is bodaboda. Therefore, this Motion is timely and its intent is important. Going forward, it informs a body of important things that we must do as legislators. What is required in the bodaboda industry is order. In the olden days, it was said that matatu ni matata . It was a necessary evil mode of transport that was associated with noise, disorder and breaking of traffic rules. One honourable colleague talked about Rwanda. Actually, if you go to Rwanda, you will see how orderliness reduces accidents and so many other things that are unnecessary nuisance to the society. Another issue I want to talk about is safety. The Chair of the Departmental Committee on Health will agree with me that every second a patient comes in for treatment is a bodaboda rider or a bodaboda passenger with head injuries, fractured bones and many other serious injuries sustained from bodaboda accidents. Law and order is not observed, and so, calling them to order does not happen. We must, therefore, call a spade a spade. We must have something in place to safeguard the society's well-being and its health. To take a head injury patient to a hospital in India costs between Ksh4 million and Ksh5 million, which is not affordable. The majority of Kenyans with such injuries will die and decay in their villages. Next is the issue of pollution and climate change. Considering the number of bodaboda motorcycles that we have, the idea of local manufacturing becomes important. We must have bodaboda motorcycles that are suitable to our environment and terrain, with a carrying capacity that suites us so that they become…
Do you need more minutes? Give him three more minutes. You must be added time.
I can see that some Members are concerned. Remember, these are not ordinary bodaboda motorcycles. These are bodaboda motorcycles used for e-hailing services. They are used for delivering drugs and food from eateries like Steers through Glovo and Uber Eats Apps. What are the safety regulations that we need around them? Can they be entrapped and killed? Bodaboda riders can mess up with what they are delivering. That is what we are talking about. You will have three more minutes, beginning from when I finish making my last statement.
Thank you very much, Hon. Temporary Speaker. I wanted to say something about local manufacturing. If you look at what the bodaboda riders do, it is safe to say that they are the transport option of choice. People use them to deliver food and drugs. Sometimes they act as hauliers. We should design bodaboda motorcycles, for production by our local manufacturing plants, to ensure that they meet the needs of our society. They should be able to carry a package of 20 kgs that may not be carried on an ordinary motorcycle. Let us design bodaboda motorcycles that meet the needs of the time. My colleagues have talked about pollution and climate change. As we speak, most of the industrialized nations have gone electric. Very few are using motorcycles or cars that use petrol or diesel. Our environment is most likely to be affected by climate change. If we design motorcycles that are propelled by solar, gas or other forms of renewable energy, we will be protecting our environment. Finally, I will speak on the issue of licensing and insurance. It must be compulsory for motorcycle riders to be licensed and insured. This is because they carry valuable goods 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.
customers or individuals who might be injured in the process. This Motion proposes a very progressive law that must be enacted to meet the demand of our time. With those remarks, I support.
Next is the Member for Suba South, Hon. Caroli Omondi.
Thank you, Hon. Temporary Speaker, for giving me an opportunity to add my voice to this Motion. What we are discussing is an element of what is called the ‘gig economy,’ where individuals on a freelance basis or side hustle engage in certain activities. They are not in formal employment in the normal sense. The gig economy is a very important sector in modern economy and most of the bodaboda or e-hailing riders fall in this category due to the economic activities they undertake. I acknowledge that this is a very good effort, and I congratulate Hon. TJ Kajwang’ for bringing this matter to the attention of the House. This is a sector that employs a lot of youth, particularly university and college students. Actually, in the Western world, it is one of the sectors that offer opportunities for students to earn in order to pay their school fees and foot bills for accommodation and food. However, there are many challenges. Recently, in the United Kingdom, there was a big debate because technology companies do not want to recognise freelancers or side hustlers as workers. They were being categorised as contractors because with contractual workers, you do not have the obligation of observing employment rights. They cannot form a union or collectively bargain for their benefits, minimum wages and levels of compensation or even articulate health-related issues. When you are riding a motorcycle, there are very serious health concerns that an employer should pay attention to. They include gear, provision of health insurance, emergency attendance in case of an accident, among other issues. Many of them have been treated rather badly because they use Apps belonging to technology companies, over which they have no control. The relationship is so skewed that they can be deactivated at will without recourse or notification and it has been very difficult for many of them. In the Western world, these issues are being discussed and courts and national legislators have intervened. I think this sector will expand. Today, most deliveries are done by motorcycles but the future is drones. Soon, food delivery and a lot of other things will be delivered by drones. Now, the challenge will be the same. Individuals can buy their own drones but they will not have the technology to coordinate their movement and circulation. These technology companies will still be the keystone in that food chain. We need to pay attention and ensure that these technology companies apply the same standards in Kenya as they do in their mother countries. I think we should insist that. If Uber in Kenya is not treating its workers similar to England, then that is unacceptable. There is no difference between a university student in the University of Nairobi and the student at Oxford riding a bicycle, motorbike, or operating a drone to deliver food. I think we need to insist on universal application of standards and put a lot of effort to allow local companies also to thrive in this sector. I think all the local companies that tried to develop similar technology have been frustrated. I do not know whether it is by the telecommunication companies but for whatever reason, at some point there was local attempt in this delivery sector. Today, most of them tend to be foreign. As the legislature, we need to figure out a legal framework that facilitates local companies to enter this economic space and thrive. There are usual security issues associated with this kind of business. Many people have had problems with some delivery companies but most importantly, the legislative framework that we...
Do you need a minute or two?
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.
Give him one minute.
Hon. Temporary Speaker, looking at the category of youths engaged in this gig economy, the legal framework we are going to propose should exempt them from paying income tax and instead impose a corporate tax on the technology companies. This is because if we treat them as workers, they will qualify for a minimum wage, which in this country is not taxed. The legal framework should give that tax incentive because most of them are students or unemployed youths. Thank you, Hon. Temporary Speaker.
Thank you. Next is the Member for Matuga, Hon. Kassim Tandaza.
Asante, Mhe. Spika wa Muda, kwa kunipa fursa hii. Kwanza, nawapongeza wale ambao walikaa na kuibua Hoja hii ya malalamiko, ambao ukiuangalia, ni kweli kuwa wale ambao wanafanya shughuli ya bobaboda kupitia mtandao wanadhulumiwa haswa na wale wenye mitandao. Ukiangalia masuala yaliyoorodheshwa hapa, wanafanya kazi kupitia mtandao ambao hawana umiliki na haipo Kenya. Wenye mitandao wanaamua pesa ngapi watakazochukua kutoka kwa wenye bodaboda licha ya kwamba mwenye bodaboda ameinunua ama kuikopa deni analotakiwa kulipa. Anasimamia gharama ya ukarabati bila msaada wowote kutoka kwa wenye mitandao ilhali wanachukua fedha wanavyotaka. Mpaka sasa, serikali haijachukua hatua yoyote kuweza kujumuisha wenye mtandao na wanaofanya biashara hii. Ni jukumu la Bunge hili kubuni sheria na kanuni kama wanavyoomba kwamba tuchukue hatua hiyo ili tuwalinde. Tukumbuke kwamba, kama wabunge na kama serikali, ni jukumu letu kuwatetea wananchi na vijana wetu ambao wanajishughulisha na biashara na shughuli nyingine halali. Si jukumu letu kuwatetea wageni mabwenyenye wenye mitandao. Wakati umefika ambapo Bunge linaweza kutengeneza sheria na miundo msingi ya kuona kwamba wenye hii mitandao wanapitia kanuni na sheria tulizoweka ambazo kupitia huu Mswada, Wizara inayohusika haijatekeleza. Hili ni jambo la kuhuzunisha. Tukubali kuwa ni dhuluma Bunge hili likiendelea kuwacha Wizara husika bila kuwapatia mwelekeo wa kuwalinda watu wetu. Kati ya yale ambayo wanalalamikia ni kwamba wenye mitandao wanaweza kuamua, bila sababu yoyote, kuwatoa kwenye mtandao ilhali wakati wanajiandikisha kwenye mtandao huwa wamejua kwamba watapata riziki. Wanajua watapata ajira kupitia huo mtandao. Wizara husika, na hata Bunge, haijafikiria kutunga sheria ama kanuni ili jambo kama hili lisiweze kutokea. Hii Hoja imefika kwa wakati wake. Ni wakati wetu kuchukua hatua kwa sababu Katiba inatupatia nafasi kutengeneza sheria za kutetea watu wetu ili wasidhulumiwe vile ambavyo wanadhulumiwa. Pia, wamezungumzia majukumu ya serikali za ugatuzi. Mpaka sasa, barabara zetu hazitambui kwamba kuna watu wanafanya biashara halali ya bodaboda. Katika barabara, hakuna sehemu ambazo zimetengewa bodaboda kama ambavyo magari ya teksi yametengewa nafasi. Kukiwepo sheria na kanuni, sioni kwa nini wasifanye biashara na wapate fedha nyingi. Kwa mfano, viwanja vyetu vyote vya ndege hapa nchini vina ilani kwamba waendeshaji bodaboda hawaruhusiwi kuingia ndani. Tunajua bodaboda wana jukumu muhimu. Wanawezatoa huduma za haraka ambazo magari ya kawaida hayawezi. Waendeshaji bodaboda wanawezatoa huduma za nafuu hata kwa wale wafanyakazi katika sehemu kama hizi. Sheria zilizoko sasa ni kwamba hawaruhusiwi kuingia sehemu zingine. Wanabaguliwa.
How many minutes does each Member have on this Motion? Only five. How many more minutes do you need?
One minute, if there is a Member who wants to contribute. 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 give you two minutes.
Asante, Mhe. Spika wa Muda, kwa kunitunuku dakika mbili. Nilikuwa nasisitiza kwamba mara nyingi hata sisi ambao tuko Bungeni husahau kwamba kuna watu ambao wana biashara za chini. Uwezo wao sio ule wa teksi au basi za kawaida. Lakini yale majukumu ambayo wanatekeleza ni muhimu. Kipato wanachopata ni halali, kinawasimamia, na kinaongeza uchumi katika nchi hii yetu. Kwa hivyo, Hoja hii ni ya kuungwa mkono. Kamati husika ilete hizo kanuni tuzipitishe ili waendeshaji bodaboda wafanye biashara zao kwa kutambulika na kunufaika kama wengineo. Asante, Mhe. Spika wa Muda.
Thank you very much, Hon. Kassim Tandaza. Do I take it that there is no further interest in the Motion? We had requested that whoever wants to contribute to this Motion should press intervention but I see no request. Hon. Paul Biego, do you want to contribute to this? Please, proceed.
Thank you, Hon. Temporary Speaker, for this opportunity. My microphone was on. I do not know why I did not hear you say we press the intervention button. I rise in support of this Motion. I thank Hon. TJ Kajwang’ for it. I have read the resolutions from the Committee and I am very happy with the recommendations. This Motion is a call for legal redress, legal recognition, and protection of motorcycle riders and delivery personnel under e-hailing platforms such as Uber, Bolt and Glovo. While these technological advancements have created new opportunities for the riders, they have also introduced critical challenges, including exploitation and exposure to harsh working conditions. Therefore, I am in support of a legal framework. The riders are treated as independent contractors but are subjected to conditions that give the tech companies excessive control without the basic employment rights that should accompany those controls. So, a legal framework will be good. The riders experience challenges such as unfair pricing formulas, lopsided contracts, and arbitrary deactivation of accounts by the transport network companies. Riders are a vital part of the transport sector. Without legal protections, they will continue to face a lot of exploitation. That is why I am in support of this Motion. The bodaboda association had urged county governments, especially the County Government of Nairobi City, to establish safe parking and waiting areas for riders and to collaborate with welfare organisations to safeguard their interests. The petitioners also demanded that Parliament pass legislation recognising digital riders as a unique sub-sector within the transport industry with appropriate legal protections. The riders should not be forced to work under unsafe conditions with no benefits. We are aware of how the riders suffer. They endure long hours that barely guarantee a living. Sometimes they work for the whole day, but in return they get very little money from the job. We should treat the Motion as urgent. The National Transport and Safety Authority (NTSA) should implement the recommendation of enhancing the safety of drivers. The Report proposes establishment of a 24-hour emergency response system to ensure swift response to emergency and security situations. I am in agreement with that. Many riders have suffered. Whereas vehicles have boards to protect passengers in the unlikely event of an accident, for bodaboda operators the first casualty is the rider. It is important for us to take care of the riders. Thank you very much for the opportunity.
The Chairman of the Departmental Committee on Health, Hon. (Dr) James Nyikal, do you want to contribute to this 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.
Thank you. Hon. Martin Owino, Member for Ndhiwa.
Thank you, Hon. Temporary Speaker. My appreciation for the time. I support this Motion and congratulate my friend, Hon. TJ Kajwang’ and the team. This is long overdue. Bodaboda come in many forms. Some are tricycle, others are bicycles while others are e-bikes. Reviewing the regulations to incorporate them is a good thing. People are disadvantaged in many ways. They plug into it and do not know what it says. They are just told to pick this and drop that, yet they do not know how much is regulated. We may say that the sub-sector currently generates Ksh16 billion, but we do not know how much of that goes to foreign countries and how much remains in our country. We have no capacity to ensure accountability. That is a lacuna that should be looked into. We may be generating a lot of money yet our people are given peanuts. The other important issue is the safety of operations and standards. Some of these people drop food, which is very sensitive. How would you know if what is delivered is poison? How would you know if we do not have the capacity to regulate this industry? We do not even know whether they have food handling certificates. This is a very sensitive point. Hon. Karoli mentioned drones which take and drop blood, but that process is well regulated. In fact, in order to have a drone in this country, you have to go through thorough training and licensing, which we are not doing for these people. Even though the law is being reviewed, it currently stipulates that any foreign company should have a physical presence in the country and contact information. Otherwise, some people have been fleeced just through emails. You look for an office which a company claims to have, but in reality it does not exist. We will incorporate the regulators to ensure they have an inventory of these people so that we know where they are. Should anything happen, they can then be contacted immediately. How do we designate drop-off and pick-up points? That has also been alluded to by Hon. Tandaza. In Western countries and other developing countries like ours, there are separate lanes dedicated to e-hailing motorcycle riders where they can drop off whatever they have. They are recognised as an important instrument of economic growth. They are not just side hustles; rather they are part and parcel of our economy. Designating and authorising them to enter busy airports is paramount. For example, one day I was late because of a traffic jam and I could not reach the airport on time. I had to look for a rider to take me there. If you reach there while on a bodaboda, you are told that you cannot go beyond a certain point, yet a very dirty matatu will be allowed to pass through. We are doing them an injustice. All in all, this is a good Report. We need to step it up and develop strong regulations so that this industry can be properly regulated and our people can be properly employed.
Hon. Members, as agreed, and there being no further interest from Members to contribute, I now call the Mover, Hon. Tom Joseph Francis Kajwang’, to reply.
Thank you, Hon. Temporary Speaker, for this opportunity. I am overwhelmed by the compliments. I will proudly take them on behalf of the Departmental Committee on Transport and Infrastructure, of which I am just a simple Member. I will take them to the Chairperson. As you know, under the new Constitution, when you receive anything in public, you must take it to the designated office. I will take those compliments to the Chairperson of the Committee. Put in context, this issue arose as a result of a public petition. Just a few hours ago, there was a lot of excitement at the gates where members of the medical industry were asserting their rights and asking for certain things to be done. We have just seen the able Chairperson of the Departmental Committee on Health receiving those petitions. It is a manifestation of how Parliament can address issues that concern the citizens of this nation. It is the operationalisation of Article 119 of the Constitution. It is an opening which, hitherto, was not in the previous The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Constitution: that someone can come from their home with an issue that concerns them and tell legislators to frame it in a workable way or to draw up legislation to ensure administrative officers do this or that. The real compliments go to the whole House because we are up to the task of service delivery to our constituents. I thank everyone who has contributed. We have heard wonderful insights that we did not have when considering this petition. I have heard very relevant submissions from the Member for Suba South, for example. I have heard elaborate responses from Hon. Tandaza. I have heard about the e-hailers in Tharaka. I am impressed that there are e-hailers even in Tharaka. This sub-sector will grow our economy; a Ksh16 billion economy could contribute to the Exchequer. Can we roll back to see how much money goes into the pockets of our people? The sub-sector generates a lot of money. Could that money be going to foreign companies and entities supporting other nations and private interests? To what extent can we ensure that the youths in this industry get as much as possible to reduce our wage and employment burdens? Let us take this very positively. The orders in the petition are to be implemented within 60 days from the date of approval of this Motion. Hon. Temporary Speaker, if you put the Question on this Motion today, we expect Government officers to return within 60 days having implemented everything we have said. We will follow up. We will not wait for the Committee on Implementation. As a Committee, we will follow up to ensure these issues are implemented in accordance with the House's resolution. Lastly, I want to commend the Offices of the Speaker and the Clerk for giving us the opportunity and the facilities to work around this document. I request the Clerk that when a vote is taken, especially if it is a positive vote, The Hansard should be shared with the petitioners. Can they be served with The Hansard to show them how Members participated and helped them to do what was needed? I regret that they are not in the House, but, perhaps, it was difficult to bring them in when this debate was going on. However, they should have The
and the certificate of the House’s resolution so they know that the House was responsive to them and reacted positively. Thank you, Hon. Temporary Speaker, for giving us this opportunity. I extend very positive felicitations to everyone.
Thank you, Hon. T.J Kajwang’, for stepping up for your Committee whenever duty calls. Before I call out the next Order, for the convenience of the House, the Question to this Motion will be put the next time it appears on the Order Paper for consideration. Next Order. Again, Members, for the convenience of the House, in considering the weight of this particular Bill, it will be stepped down to a future date when it will be next scheduled by the House Business Committee for the House consideration. Next Order.
Thank you very much, Hon. Temporary Speaker. I beg to move the following Motion: THAT, this House adopts the report of the Departmental Committee on Administration and Internal Security on the enquiry into the state of security in six counties of North Rift of Baringo, Elgeyo Marakwet, Turkana, West Pokot, Samburu, and Laikipia declared as disturbed, laid on the Table of the House on Tuesday, 13th August 2024. 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.
At the outset, I wish to thank the Speaker of the National Assembly, and also the Clerk of the National Assembly, who have been gracious and magnanimous to have facilitated the seamless conduct of the Committee to all these disturbed areas. They went to the extent of getting us on a helicopter, fixed-wing aircraft, and also ground transport to facilitate us to reach whatever destination we had decided to go in order for us to come up with a comprehensive study of what is ailing this region in terms of security. We must also thank the Regional Commissioner of Rift Valley, the County Commissioners, and the Deputy County Commissioners (DCCs) of the different areas that we visited. They gave us unfettered access and briefs. They were candid with us on the challenges and suggested solutions to what was ailing their areas. Regardless of where Kenyans live in this Republic, they desire to live in peace and seek development. Contrary to many Kenyans in different parts of the country who are up in arms seeking development, people living in the North Rift region are only pleading with the Government to allow them to live in peace. This is such a serious contradiction. That on one side people are seeking peace, and on another, people are seeking development. The insecurity situation in the six counties of the North Rift region of Kenya, that is, Baringo, Elgeyo Marakwet, Turkana, West Pokot, Samburu, and Laikipia has been a pressing concern for many years. It is characterised by criminal activities in the form of banditry, cattle rustling, and internal communal conflicts. The situation not only threatens the safety and stability of the region, but also has broad implications for national security. In February 2023, the then Cabinet Secretary for the Ministry of Interior and National Administration, Hon.(Prof.) Kindiki, declared the prevailing security situation in part of the six counties of the North Rift as a national emergency. Accordingly, the Cabinet Secretary, through a Kenya Gazette Notice dated 23rd February 2023, declared certain specific areas in Baringo, Elgeyo, Marakwet, West Pokot, Turkana, Samburu, and Laikipia counties as disturbed and dangerous. Hon. Temporary Speaker, to further enhance the security situation, a police-led security operation supported by the Kenya Defence Forces (KDF) dubbed, “Operation Maliza Uhalifu" in the North Rift, was ordered in February 2023 in the six counties in line with Article 241(3)(b) of our Constitution. In fulfillment of its mandate and in recognition of the urgent need to address banditry as a national security concern, the Departmental Committee on Administration and Internal Affairs resolved to undertake an inquiry into the security situation in this region. It was conducted between August 2023 and April 2024. The Committee commenced its inquiry by meeting with the Rift Valley Regional Commissioner and the Cabinet Secretary for Interior and National Administration for an overview of the security situation. Subsequently, it conducted a fact-finding visit to the region. Let us start with Samburu County. The epicentre of insecurity affecting Samburu County is in Tiaty Constituency, and in particular Tiaty East. The security challenges stem from disputes over land, water, pasture, and territorial dispute resulting in violence, displacement of villages, loss of human life and livestock. Samburu County has an expansive landscape encompassing diverse terrain ranging from highlands to low-lying plains, as well as escarpments and gorges. The rugged and underdeveloped areas often serve as hiding spots for bandits. The lack of adequate security presence, marginalisation and impassable terrain worsen the situation allowing bandits to operate with impunity. The violence results in a high number of causalities, including civilians, security forces, and livestock. Communities in affected areas like Suguta Valley, Loosuk, Poro, and Angata Nanyukie Wards have suffered greatly. It has also created boundary disputes between Samburu and Tiaty, aimed at expanding territory. It has been used as a pretext for the ongoing violence and tensions. Formed up units are not strategically placed. 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.
On the issue of Samburu County, the Committee recommended as follows: the Government should evict the illegal settlers from Samburu West and Malaso Valley. It should increase security presence and enhance coordination among law enforcement actors. It should also establish community-led initiative aimed at promoting peaceful co-existence and sustainable resource management practices. There is also need to establish a new sub-county within Samburu Central to address security gaps in underserved areas of Samburu County and bordering areas of Tiaty, Turkana East, and Turkana South Constituencies. There is also need for increased investment in infrastructure and development, including road networks and communication systems. The Committee also identified that the NG-CDF for Tiaty Constituency can be used to construct roads on the Samburu side. The funds appear to be used to expand the existing territory. The final recommendation is that the National Cohesion and Integration Commission (NCIC) should initiate dialogue and negotiation between the warring communities. There is need to re-look into the way the agencies are placed.
In this particular case, the Committee observed that where the conflict is taking place and where these units are located, they are unlikely to react to incidences when they happen. For that reason, the Committee saw it fit that there must be a quick redeployment of those forces so that quick response is achieved.
The County of Turkana faces security threats both internally and externally. There is an external boundary dispute between Kenya and South Sudan at Nadapal and Nakodok. Turkana also shares an international border with Uganda, South Sudan, and Ethiopia. The county is also affected by insecurity in Turkana North at Kibish and Todonyang by Daasanach from Ethiopia.
Loima Sub-County is also affected by attacks from bandits from Uganda along the Karamojong border with Kenya. The county is also affected by insecurity in Turkana North. Loima-County is affected by attacks by bandits from the Karamojong region of Uganda.
Turkana East and Turkana South are the most vulnerable areas in the county that are normally attacked from West Pokot, Baringo, specifically Tiaty East, and sometimes Samburu County. Most affected areas by raids and attacks include Kapedo, Lomelo, Napeitom, Riet, Kamuge, Lokwamosing, Lopii, Nakukulas, Lochakula, and Kochodin locations. Bandits are believed to reside in caves in several hills within Nadome, Silale, Tiaty Hills, Lomatum, and Napeitom.
Lack of Government presence and social amenities, low number of police officers, lack of alternative sources of livelihood, and overlapping administrative units have fueled the banditry activities.
As recommendations, there is need for resettlement of people and establishment of military camps in all disputed areas in the Ilemi Triangle area; establishment of military camps along our borders with Uganda, South Sudan, and Ethiopia; and, formation of water and pasture sharing by these pastoralist communities. There is also need to recruit adequate numbers of National Police Reservists (NPRs) to augment the strength of the National Police Service. Operationalisation of Suguta, Arror and Lokiriama sub-counties; Katilu and Kochodin divisions, and other gazetted administrative units should be done.
The road from Chemolingot to Lokori and Lokwamosing needs upgrading. Kenya and South Sudan should resolve conflict on the contested boundary that stretches 11 kilometres from Nadapal to Nakodok. There is also need for re-affirmation of international boundaries by Kenya International Boundaries Organisation, Kenya-Uganda, and Kenya-South Sudan.
In West Pokot, the conflict and disruption of livelihood led to the closure of schools such as Chesegon Primary School and Cheptulel Primary School. Also, Apollo Health Centre was closed. 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, some of the causes of the conflict were scarce resources, commercialisation of cattle rustling, availability of illegal firearms, and boundary disputes along West Pokot County and Turkana County border. The establishment of the General Service Unit (GSU) Camp at Lami Nyeusi and the deployment of the Kenya Defence Forces (KDF) at Kainuk have a positive impact on the security of West Pokot County. The incitement by political leaders through inflammatory statements, mobilisation and funding of banditry activities for political expediency has exacerbated the situation. The Committee recommended the following: 1. Disarmament exercises should be conducted to mop up illegal firearms from civilians in the affected communities in Cheptulel and Chepkokogh. 2. We should establish community-based pasture management committees. 3. We should construct and maintain security roads in Chepkokogh, Cheptulel and Mosop locations along Elgeyo Marakwet and West Pokot border. 4. We should re-open Chesegon Market to facilitate trade. The insecurity in Elgeyo Marakwet County is primarily concentrated in the Kerio Valley which lies at the border of Elgeyo Marakwet, Baringo and West Pokot counties, and involves the Marakwet and Pokot Communities. High levels of illiteracy and poverty, marginalisation, impact of climate change, proliferation of illegal firearms, and lack of enforcement by security officers lead to increased insecurity in the region. Hon. Temporary Speaker, the Committee recommended thus: 1. Intelligence-based disarmament exercise should be carried out. 2. Police stations should be constructed along Kerio River border. 3. We should construct and improve roads infrastructure, particularly those leading to Kerio River. The construction of a 95-kilometre road from Chepkundul to Kerio River, and alternative source of livelihood for the people will reduce insecurity incidences. Baringo North and Baringo South sub-counties bear the brunt of violent armed conflicts, resulting in widespread displacement of communities, disruption of education with the closure of multiple schools, destruction of property and loss of both lives and livelihoods. Schools such as Arabal, Kapindasum, Kagir, Yatya, Rondinin, Karimo, Akorayan, Moinoni, Chepkwel, Ng'aratuko, Kosile and Chemorongion are affected by banditry. They have been closed, and the communities have been forced to flee those areas. Security incidents in Baringo County primarily involve internal incursions within the County. Bandits are suspected to originate from Tiaty East and Tiaty West sub-counties. They launch continuous attacks targeting Tugen and Ilchamus communities. The illiteracy level in Tiaty—particularly in Tiaty East— underdevelopment, lack of governance, and political incitement contribute to the continuous undeterred conflict. The Committee recommended that community-based initiatives should be implemented to enhance cooperation between security agencies and local communities. The National Government and county government should improve the road network and communication infrastructure in Baringo County. The National Government, through the relevant ministries, should invest in deliberate affirmative action in Tiaty Constituency and other areas of Baringo County through education, infrastructure development, and programmes to address high illiteracy rates and poverty. Hon. Temporary Speaker, in Laikipia, the hotspots of the conflict are concentrated in specific sub-counties, notably the Kirima Sub-County along the border with the Tiaty East Sub- County and Laikipia North Sub-County in areas bordering the Samburu East Sub-County and Isiolo County. The hotspots are concentrated in the area of Mukogodo Forest Reserve. A crucial livelihood resource for the indigenous Mukogodo people is facing imminent 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.
degradation. Illegal herders from the neighbouring counties of Isiolo and Samburu East are encroaching into the reserve, exhibiting lack of regard for conservation of the forest ecosystem. On this particular case, Mukogodo is a community forest reserve that is inhabited by people such as the Yaku. As a result of this conflict, these indigenous people have been evicted without any recourse; neither support by the Government nor anybody looking over their shoulders to see how these indigenous communities are likely to survive going forward. The Committee recommends that the Ministry of Interior and National Administration should facilitate the establishment of local peace committees comprising representatives from diverse community groups and enhance security patrols and surveillance along conflict hotspots in Kirima and Laikipia North sub-counties. The Kenya Forest Service should deploy more forest rangers to prevent illegal encroachment and grazing activities within the Mukogodo Forest Reserve. The Government, through a multi-agency approach, should invest in infrastructure development by constructing schools and security roads to improve accessibility and mobility. Hon. Temporary Speaker, having gone through what the Committee observed during the visit to the various counties, what are the recommendations? The Committee came up with general recommendations for all the six counties. These recommendations are cross-cutting: 1. The Ministry of Interior and National Administration and National Police Service should initiate a disarmament exercise aimed at confiscating illegal firearms held by unlicensed civilians in all areas in the six counties of North Rift. 2. The Ministry of Interior and National Administration should initiate a systematic intelligence-led operation in the North Rift region to dismantle criminal networks. 3. The Ministry of Interior and National Administration should establish strong national Government administrative structures and presence across all regions. 4. The National Police Service should adopt and deploy modern security surveillance systems by integrating advanced technologies such as drones, mine-resistant ambush-protected vehicles, armoured personnel carriers, and air surveillance for protection and fast response of our forces. 5. The Ministry of Interior and National Administration should relocate security camps in operational areas from locations within the communities to border areas to enhance security presence and improve response. 6. The Ministry of Interior and National Administration should review the seating of mounted troops in police operational vehicles used for operation to ensure safer…
How many more minutes do you need?
I need about five minutes.
We cannot give you more than...
Give me three minutes.
Okay. Give him three minutes so that he can move.
Thank you, Hon. Temporary Speaker. The Cabinet Secretary for Interior and National Administration should formulate and review NPR Policy Framework and provide operational guidelines and structure and their enumeration. The Ministry of Interior and National Administration should follow internationally recognised human rights standards when evicting residents and carrying out operation. 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.
An inter-ministerial agency led by Ministry of Interior and National Administration should implement a comprehensive development plan for the remote areas of the North. The Ministry of Roads and Transport in liaison with the Interior should construct security roads across the entire North Rift Region to connect all the six counties across the Kerio and Malaso Valleys. The Ministry of Interior and National Administration should investigate allegations raised by residents and county governments of Samburu and Turkana, especially on the issue involving Tiaty Constituency. The report is there and the points have been well laid out. The final two recommendations are as follows: the Government should establish a compensation mechanism to support the affected families who have lost their loved ones, properties and livestock. This will help them resume their socio-economic activities and rebuild their lives in the aftermath of the conflict. Finally, the Ministry of Interior and National Administration, in collaboration with the Ministry of Lands, should develop administrative mechanisms to resolve the persistent boundary disputes between the affected counties and undertake clear demarcation. This document provides the body of a working document for the House and also for the Committee to continuously engage the Ministry and actors in the security sector and also our populations. That way, going forward, these issues can be resolved rapidly and communities be brought together. I must say that we are grateful that this Government, unlike the previous administration, has taken the bull by it's horns by making sure that the guns go silent in the North Rift, people are not unnecessarily displaced, and schools are not unnecessarily closed. Many schools are being opened and security is, generally, improving with the deployment of the NPRs. With those many remarks, I request the Hon. Member for Narok West to second.
Thank you very much, Vice- Chairman, Departmental Committee on Administration and Internal Security, for moving on behalf of the Committee. Now that the Chairman of the Committee is there, it is only in order that Hon. Gabriel Tongoyo seconds.
Thank you very much, Hon. Temporary Speaker. On behalf of the Committee, I commend my very able Vice-Chairman for he has moved it exceedingly well on behalf of all of us. From the outset, I appreciate the entire Committee, which also includes yourself, for putting in a lot of its valuable time and commitment into this inquiry, which took about five or six months. We all know that it was not an easy job. The terrain in a majority of these counties is just unimaginable. They demonstrated a lot of commitment and dedication. At some point, one of the Committee members, Hon. Ng’elechei, was in Turkana and went for three or four days without food and water. I remember her calling me saying that she had never imagined it was as hard as she witnessed. I appreciate every individual member of the Committee. The quorum was overwhelming. They showed dedication. The Secretariat gave their best throughout the inquiry. I appreciate the Clerk and the Speaker of the National Assembly and the Regional Commissioner and the respective county security teams of the six counties. Every time we visited the counties, the security teams were always available to us during public participation when we were listening to the communities. They gave whichever support we needed of them. I also appreciate the communities which were so welcoming, hospitable and cooperative to members of the Committee. I appreciate the non-State actors who were always available to give any support that was needed of them. Hon. Temporary Speaker, the inquiry took place in August 2023 and April 2024. A majority of the recommendations, either by individual counties or general recommendations, proposed creation of several administrative units to take services closer to the people. Much has already been done, and I appreciate the Ministry of Interior and National Administration. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Members from Baringo and Elgeyo Marakwet counties, including Hon. Ng’elechei, can confirm that some recommendations, including creation of administrative units and operationalisation of others, have already taken place. This has helped a great deal. During the Presidential Address to the nation, it was reported that the entire North Rift and other parts of the country had experienced the fruits of the intervention by the Ministry of Interior and National Administration and the Kenya-Kwanza government. There is recorded a reduction of 70 per cent in insecurity, which is very commendable. Last week and last week but one, there were some incidents especially in Baringo North and Elgeyo Marakwet but we should appreciate, if we take a 360-degree outlook, the bigger picture. There is commendable reduction in insecurity in that region. To a larger extent, that is attributed to continued effort by the Ministry and security agencies. Modernisation has enabled security officers to have modern equipment which has given them more advantage in combating crimes. There are a lot of continuous development programmes, including opening up security roads in the affected regions. This should continue to be advanced. I do not want to belabour the point. The Vice-Chairman already said it all. Many of individual-county recommendations are captured in the Report. I call on all Members in this House to take time to study and read it. By going through it, you will look for ways in which leaders in those regions and in this country can play a role to make security a priority. For example, we should continue building schools to reduce the issue of illiteracy. Because of time, I will just mention a few general recommendations that the Committee indicated in the Report, which we were convinced that if addressed, can go a long way to help us combat…
I know each Member only gets five minutes to speak, but this is the substantive Chairperson of the Committee. Give him the microphone.
Thank you very much, Hon. Temporary Speaker, for your understanding. I have just said that I do not want to belabour the point. The Vice-Chairperson has said it all. We cannot exhaust the Report. One thing that stands out is that we should have a whole-of-Government approach so that we can address the issue of insecurity, not just in the North Rift, but in the rest of the country. We will continue to operationalise several administrative units that have even been highlighted in this Report. Last week, we had a meeting with the Ministry and we made it very clear that we should mobilise resources to the tune of about Ksh2.5 billion so that we can operationalise all pending administrative units that can help us tackle insecurity.
Hon. Temporary Speaker, I do not want to say more on the issue of infrastructure. As the Kenya Kwanza Government and as leaders in our individual constituencies, we should continue to improve our areas by providing water, schools, roads and creating other sources of livelihood for our communities, so that cases of cattle rustling can reduce. There was also the issue of inter-community dialogue through festivals and cultural activities. I want to single out what the Cabinet Secretary for Interior and National Administration was doing at some point when we visited Elgeyo Marakwet County. They were holding inter-community football matches. I am sure such activities can bring those communities together so that they speak in togetherness and see each other as brothers and not enemies.
As I conclude, I want to appreciate our National Police Reservists (NPRs) who have greatly contributed to the reduction of insecurity. As a Government, we will continue to support them because we have seen the fruits. I support what the Vice-Chairperson said. I also support the Motion and call on the entire House to do the same. Thank you, Hon. Temporary Speaker. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Kindly end by saying: “I, therefore, second.”
Sorry. I, therefore, second.
I have a natural bias in the context of this matter towards Members of Parliament from the mentioned counties of Baringo, Elgeyo Marakwet, Turkana, West Pokot, Samburu and Laikipia. From the Report, I note the Committee wants a lasting solution to the disturbed part of the North Rift. Remember also, this is the region that the President of Kenya originally hails from. We need a solution. Hon. Makilap from Baringo.
Thank you, Hon. Temporary Speaker. At the outset, I support the Committee’s Report and recommendations. It is led by my good friends, Hon. Tongoyo and Hon. Dido Raso. The entire team visited my constituency and other places in Baringo County. I appreciate. They met real issues on the ground. They reported them correctly. I was with them on the ground and here in Parliament when I presented the issues before the Committee. Secondly, let us start from a positive aspect. These seekers of banditry or criminals ravaging the entire North Rift started way back. I call them seekers because banditry moves to a state where you think it has ended and then it reccurs. I will give a case study so give me time. From late May to just a few weeks ago in March, there was some love and peace, especially between my constituency and our neighbours in Tiaty Constituency. Immediately the rains started and pastoralists came forcefully to graze in an area that they raided, they have started raiding continuously in the morning, during the day, and in the evening. It is like breakfast, lunch and supper. On Monday, we buried one person who was killed in his home. As I speak on this microphone in Parliament, a National Police Reservist was shot in Ng’aratuga area. He is recuperating in Kabarnet Referral Hospital. I am even very sure, because I do not have my phone, that there could be something happening today. There are continuous raids. I appreciate the Government for its work during that period of peace. What did we do so that you know who is normal and abnormal? During this period, we opened all the schools in Baringo North which were closed. We brought back people who had fled the area. We re- stocked and helped the people who lost lives. Within six months, we lost 32 people. We gave three cows to a family that lost a human being to bring back life. Those who lost property and were injured were given one cow. We gave four goats to those who lost everything. We were trying to bring back lives of the people and re-opening schools. We even fenced the schools that re-opened and provided mattresses to those children who came back. We tried to do water projects to bring back life during that period when we had peace. We reported this to the President and told him that the guns were silent. What happened immediately? We have been brought back to the situation where we were. I want to explain it. Please, give me time because this is the truth. The so-called "Operation Maliza Uhalifu" has not been done in the North Rift. The truth should be said. When bandits hit an area, police officers pursue them for only one day and then they come back. As we speak here, we lost 75 goats the other day, and they have not been recovered. They attempted to steal 250 cows, but they ran away with 11. What is an operation?
On a point of order, Hon. Temporary Speaker.
Hon. Temporary Speaker, can you protect me?
Hon. Dido Raso, what is out of order? The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Temporary Speaker, I rise on the Standing Order on misinformation. The Hon. Colleague should not misinform the House. He can only say that the operation is not as effective as it should be. Those of us who have been on the ground, even within, can confirm that there are enough boots on the ground, to the extent that we were even in a military command post where we got briefings. So, for that reason, he can only say that it is not as effective as he would have wished. Thank you, Hon. Temporary Speaker.
Hon. Makilap, your time is up but because of the passion with which you pursue the matter and being from the area, I will give you two more minutes to wind up.
Hon. Temporary Speaker, perhaps, you will create more time for me. What I am trying to say is that an operation means you do not only pursue bandits when they steal cows or when they kill people for a day or two hours. An operation is a systematic plan to pursue the criminals when they are not hitting people, when they have not stolen livestock and pursue them to their hide-outs, take away guns from them and recover the animals that they have stolen. That is what an operation is. When a raid happens, they pursue the bandits for an hour. Is that an operation, Hon. Temporary Speaker? It is not. I want to say it here before man and God that there has not been a forceful operation to remove the illegal firearms in the hands of bandits. God will bear me witness in heaven. The Committee knows it and they have reported it correctly. Who hits Baringo North? My people have never organised even one raid against any community. We live with the people of Baringo Central and Marakwet West and there are no raids. In Keiyo North and Keiyo South, there are no raids. What is it therefore? This country needs to know. Who is hitting Elgeyo Marakwet, Tugen, Ilchamus, Turkana, the Agikuyu in Laikipa as well as the Samburu? It is only when that is answered by the President, the Cabinet Secretary and each one of us, that we shall deal with the matter to the end. We know that it is not everyone in that community but there are criminals…
Hon. Gabriel Tongoyo.
Thank you, Hon. Temporary Speaker. As much as I really want to appreciate what the Member for Baringo North is saying on who is behind insecurity and killings, it is not the role of the President or the Cabinet Secretary whatsoever. We just have to appreciate that the criminal elements in those troubled areas are the ones causing insecurity. Definitely, this is not through osmosis or from the blues. It is caused by criminals. We pointed that out clearly in the Report. The President has demonstrated a big deal already through modernisation and allocating a big budget to the security organ in that region. I know the matter is emotive. My good friend is the latest victim of insecurity, as late as two days ago. I know it is painful and emotive but we should sober up and be objective on this matter. The President has already done much. Even as individual leaders, we have a responsibility to play. In the Report, we were bold enough to say that in Baringo and part of Samburu West, the epicentre of all these problems emanate from Tiaty. We did not shy away. We said it clearly and is well captured in the Report. So, let us be objective and not have emotions flare up. Thank you, Hon. Temporary Speaker. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Makilap, you have a minute to wind up. Remember you are operating within the gratis time.
I have said that the President has helped my people since he took over office. I am only trying to inform the Commander-in-Chief that there are criminal elements in one place that the Committee has reported on. That is my message. In fact, if there is someone who has held my arm, the arms of the people of Baringo North and the entire North Rift, it is the President of the Republic of Kenya. I am not in doubt on that, and I have supported it. The only thing that I want you to know is that I have enough security personnel in that area, however, the problem is that they do not arrive from the Armoured Personnel Carrier (APC). Bandits are not on the road. They are inside the APC protected area. The security personnel leave out the NPR. They do not work together. The security people should come out of the APC and combine efforts with the NPR, without intimidating them, so that they can move together.
Thank you, Hon. Makilap. Hon. Members, your contribution on this Motion is five minutes each. So, I would request Members who have information, like Hon Makilab, to liaise with the Chair of the Committee, so that we can pursue these matters. Hon. Kassim Tandaza?
Asante, Mhe. Spika wa Muda. Miaka ishirini iliyopita, nilifanya kazi sehemu za Pokot na Turkana kama mhandisi. Inahuzunisha kuwa unaweza kutembea zaidi ya kilomita 20 sehemu hizi bila kuona shule moja. Kwa nini nazungumza kuhusu shule? Sote hapa kama viongozi, tunakubaliana kwamba kitu ambacho kinaweza kusawazisha maisha ya wanadamu ni elimu. Nakumbuka wakati tulipopata uhuru, katika takwimu, jambo lililotiliwa mkazo sana lilikuwa la kuondoa ujinga. Ujinga haukuwa uondolewe kwa bakora, fimbo au bunduki bali, kupitia elimu. Kwa hivyo, naunga mkono Ripoti hii iliyowasilishwa na Kamati. Sehemu ambayo haijasisitizwa na inayoweza kutoa suluhu kwa haya matatizo ni elimu. Ni jambo la kutamausha katika karne hii, kama ilivyotajwa katika Ripoti kuwa kuna familia zaidi ya maelfu ambazo zimefurushwa katika makazi yao. Hii inamaaniasha moja kwa moja kwamba, watoto wa familia hizi hawako shuleni. Ikiwa hali ni hiyo, hata Serikali ikiwapeleka askari na wanajeshi kule ilihali hao vijana wanaofaa kupata elimu na hatimaye kazi, mbadala wangalipo, jambo hili halitaisha. Sikubaliani na pendekezo la askari kusuluhisha jambo hili. Kama Bunge, tuangalie sehemu hizi kwa upekee na tuzipe fedha. Ijapokuwa Serikali zilizotangulia hazikuweza kufanya hivyo, sisi tuzipe fedha ili ziweze kupata elimu bora na ziwe na shule za mabweni. Nilipokuwa nikifanya kazi sehemu hizo, nilibaini kuwa, hata panapojengwa shule za kawaida, hazipati wanafunzi kwa sababu wengi wao huenda malishoni kuchunga mifugo na kutafuta nyasi na maji. Kwa hivyo, tuko na uwezo wa kuzipa sehemu hizi pesa. Tuwe na kitu tunachokiita kwa Kimombo, “affirmative action” upande wa elimu. Katika kilimo, haswa Wizara ya Maji, kama nilivyokuwa nikiishi sehemu hizo na Ripoti isemavyo, matatizo mengi hutokea kwa sababu ya malisho pale wanapotafuta nyasi na maji. Mbona kama Bunge, tusitenge fedha maalum kupitia Wizara ya Maji ili mabwawa na visima vipewe kipaumbele tutatue janga hili? Kama tunavyoona katika Bajeti, wale walio katika Kamati zinazohusika wanapeleka miradi ya maji maeneo bunge yao ambayo hayana mahitaji kama sehemu zilizotajwa. Mhe. Spika wa Muda, kwa hizi dakika ulizonipa, inafika wakati ambao jambo hili sio la kamati; lakini, tujue uhalifu katika sehemu moja ya nchi ni uhalifu katika nchi nzima. Kama ilivyozungumzwa hapa, ni aibu kubwa watoto na jamii za wale viongozi wa kisisasa wanaoishi Nairobi na ambao, watoto wao wanasoma shule nzuri lakini katika roho zao, wanaona ni vyema watumie watoto wa maskini ambao hawana elimu 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.
kupigana, kuuana na kuwanyang’anya ngombe. Hili ni jambo la aibu. Ninawaomba, katika hekima yao, wajue kwamba hawatendei jamii yao haki. Na kama wanaona ni haki, wapeleke watoto wao wafanye mambo kama hayo.
Mhe. Spika wa Muda, ninashukuru kwa muda ulionipa kuchangia Hoja hii ambayo inaniumiza moyo haswa, ninikumbuka nimewahi fanya kazi katika sehemu hizi na kuona kwa macho jinsi watu wanauana kinyama bila sababu.
Asante.
Thank you, Hon. Tandaza. Next is the Member for Moiben, Hon. (Dr) Phylis Bartoo.
Thank you, Hon. Temporary Speaker for this opportunity to give my contribution. Even though I do not come from the region where security is a problem, I live in the neighbouring county and therefore, can also give my input. Hon. Temporary Speaker, Chapter 14 of our Constitution clearly stipulates about national security. In the Report by the Committee, there are indications that since 2023, the Government has been putting a lot of effort to improve the security situation in those counties. However, banditry is still a challenge. Sometimes, I wonder why we continuously, have security issues yet the same people who are fighting are our voters. They vote in a Member of County Assembly, Member of Parliament, Senator and Woman Representative. What happens? What makes these people fight continuously, yet they come together to elect leaders. At the beginning of this year, we visited Hon. Kangogo Bowen’s Constituency, Marakwet East. When you visit those regions, you wonder whether you are still in Kenya because of the marginalisation. They have water shortage; the road network is a problem and the schools are underdeveloped. Such scenarios make people feel disadvantaged, and possibly, why they start fighting each other. I thank the leaders from those regions. They have really tried. Some have tried putting up schools. We visited a medical training college in Marakwet East worth Ksh100 million. We looked at the situation and acknowledged that Member of Parliament really tried. Putting up an institution of that magnitude in that area will at least, make the people feel they are still in Kenya, and that the Government cares. The findings made by the Committee must be implemented to the letter. For instance, in their findings, it was clear that there were inadequate security personnel in those regions. We should resource the Ministry to employ more personnel. The police service should be enriched. We should train them and post them to those regions to man them 24 hours until that time when everybody will relax. Otherwise, as the Member from Baringo North has said, there is no enforcement. The security personnel are present, but their lack of active participation in fighting banditry becomes problematic. We have resources to develop the neglected parts of Kenya. We should allocate more resources to road networks in those regions. We should distribute electricity. We should ensure that the regions are well established so that people can relax. If we continue discussing security issues in boardrooms and big offices without acting, we will continue witnessing these scenarios. As leaders, we should come together and speak in one voice. We should not incite our people to fight each other yet we are all Kenyans. Why would anyone incite their people to fight other people in a neighbouring county or constituency? What benefit would they gain? Do we still have inhumane people that want to see bloodshed, women suffering and children not going to school?
Give her a minute to wind up.
Thank you, Hon. Temporary Speaker. I encourage leaders to start speaking to each other rather than at each other. If we incite our people, we will never gain anything. Thank you, Hon. Temporary Speaker.
Hon. (Dr) Naomi Waqo, the Member for Marsabit County. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Thank you, Hon. Temporary Speaker for allowing me to add my voice to this very important debate on the Report. Insecurity in the Northern part of Kenya, the North Rift and many other areas has affected many people and families. Unfortunately, many people have lost their lives due to insecurity issues, banditry and by communities attacking each other. This has left many children orphans and many young women widows. That is why we need to give this matter the attention it deserves to salvage the situation. Insecurity in the North Rift touches everyone’s heart today because of the frequent attacks and the many lives lost. The people of Northern Kenya, especially Marsabit, also went through the same challenges some years back. We thank God that for the last three to four years, we have experienced peace. Our people are now enjoying peace. They can take care of their animals, engage in farming and do business. We thank God for the peace. Once in a while, there are people who attack others, steal animals and kill people which is unfortunate. I urge the security team to put serious measures in place to protect the life of every citizen before attacks happen. A lot has happened and many people have complained. Some people blame leaders. The best thing the Government can do is invest in developing those parts of the country. For us in Marsabit, we used to say we were not in Kenya but in ‘‘Kenya B’’, because the area was underdeveloped and people were marginalised. If you visit other parts of Kenya, you see growth, but you wonder whether where you come from it is still part of this country. We need to invest in those parts of the country. There is the Equalisation Fund and the Government is doing too many things, but we need to be serious about developing the areas so that people can change their mindset and seek better livelihoods. Hon. Temporary Speaker, many people in Northern and North Rift are not educated. That is why besides the normal education system that we have, we can even engage the grown- ups in adult literacy, so that we keep them busy. They can learn how to read and write. This will open up their mind so that they can do some business. We can call upon investors to come and invest in those areas so that the local people, who are only known for pastoralism and taking care of their animals, can engage in business and take care of their cash. We can invest in women so that they can engage in businesses that can sustain their families. Unless we become so radical in transforming the lives of those people by investing in those counties, we will not overcome this problem. The leaders can also be peace ambassadors. Additionally, we can also engage the young people who are in school in a curriculum that touches on peaceful coexistence so that as they grow, they understand the importance of coexistence and live together. My suggestion is that we need to focus and be serious. We should invest in those counties, change their mindset and see how best they can leave pastoralism and do business to keep them busy and see how…
Hon. Naomi Waqo, you are looking at me like I am the one who stopped the clock. You needed a minute to conclude? Okay. Do you want a minute or two?
Thank you, Hon. Temporary Speaker…
Do you want a minute or two?
Two minutes.
I give you two minutes because of your position in Parliament.
Thank you, Hon. Temporary Speaker. In conclusion, I urge our Government to deploy more security teams there. We should also disarm by collecting all the weapons that are there illegally so that people can take care of themselves and their animals. We should also invest in those regions to ensure that our people The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
enjoy their lives just like other Kenyans. Every life is important. The life of a child in Baringo, Marsabit or Turkana is as important as any other child in Nairobi and any other place. Thank you, Hon. Temporary Speaker. I support.
Hon. Caroline Ng’elechei, the County Member of Parliament for Elgeyo Marakwet.
Shukrani, Mhe. Spika wa Muda kwa kunipea fursa niichangie hii Hoja. Ninashukuru Kamati ya Usalama ambayo ilichukua hilo jukumu la kutembea katika Kaunti zote sita ambazo ziko Kerio Valley ili kupata kile kinachoendelea huko mashinani. Mara nyingi unapotegemea wanasiasa, utapata kila mtu anaegemea upande wake. Utapata mwanasiasa kutoka West Pokot akisema kwamba wao hawana makosa na kusingizia kaunti zinazo wazingira. Kwa mfano, utapata mimi mwenye kutoka West Pokot nikidai kwamba sisi ni weupe kama pamba lakini majirani wetu ndio wabaya. Tonavyozunguza sasa hivi, tumesumbuliwa sana na wale magaidi wanaoiba mifugo. Hakuna tofaoti yao na wale “terrorists”. Wanakuja kwenye ardhi ya wenyewe, wanahamisha wenyeji, wanachukua na kuharibu mali yao na kuwaua bila huruma. Kuna jambo limetusumbua kwa muda mrefu. Watu wanaposikia kuhusu ukosefu wa usalama maeneo haya, wanasema viongozi waketi chini na wazungumze. Ukifika Elgeyo Marakwet, uliza “Murkutwa massacre” ni nini. Ilikuwa March 2001 ambapo magaidi zaidi ya elfu tatu kutoka Pokot walivamia kijiji kinachoitwa Murkutwa, Elgeyo Marakwet na kuwaua watu zaidi ya hamsini, wakachoma zaidi ya nyumba mia tatu na kuiba mifugo zaidi ya elfu mbili.
Jambo hili limekuwa donda sugu kana kwamba watoto wadogo wanapokua, wanajua kipaumbele katika eneo hilo ni watu kuvamiana na kuuana. Ijapokuwa Serikali inajaribu, ninataka kuomba kile kitu ambacho Mhe. Makilap kutoka Baringo North Constituency amezungumzia, ya disamarment. Silaha zitolewe mikononi mwa watu. iwapo kuna vita au amani, Serikali ihakikishe kuwa hakuna mwananchi ambaye atabaki na silaha mkononi mwake. Je, anatumia silaha hiyo kufanya nini? Mtu anapomiliki bunduki ama risasi nyumbani mwake, anataka kuzitumia kufanya nini? Huwezi kutumia bunduki ama risasi kuchunga ng’ombe wala kufanya jambo lolote. Unapokuwa na silaha hizo, ina maana kuwa unajitayarisha au upo tayari kumtoa uhai mwenzako.
Jambo hili limetuhangaisha. Tumelia ya kutosha. Ninashukuru Serikali ya Mhe. Ruto kwa sababu tangu aingie mamlakani, tumeongezewa NPR, yaani, raia wanaolinda wenzao. Pia, tumeongezewa askari wa jeshi na wa General Service Unit (GSU). Ukitaka kujua hasara iliyoletwa na wizi wa mifugo nchini, kumbuka kuwa yule Mkuu wa Majeshi alifariki akienda kutazama wanajeshi wake katika eneo hilo. Kwa kawaida, wanajeshi hawakai ndani ya nchi. Wanachunga mipaka yetu kutokana na uvamizi wa nchi jirani. Lakini imebidi wabaki nchini ili walinde eneo hilo dhidi ya magaidi.
Ifahamike kuwa, magaidi ama wezi wa mifugo sio jamii kwa ujumla, bali ni mtu mmoja katika hiyo jamii – it is an individual . Hawasimamii jamii nzima. Usije ukadanganyika kuwa jamii fulani ni ya magaidi. Ni wananchi wachache ambao wanajulikana. Ombi langu ni kuwa, Serikali iweze kufanya proper disarmament . Janga hili la magaidi limeiletea Serikali hasara. Ninaongea kuhusu Kerio Valley upande wa Kaunti ya Elgeyo Marakwet. Jumamosi, nilikuwa katika Kata ya Chesumen, Kerio Valley, Aror. Pia, nilienda Tunyo, Chepkum, Aror kwenyewe na Niwai katika Kata ya Aror. Katika maeneo hayo yote, wananchi wanaomba wizi wa mifugo ufike kikomo. Kule, kuna ardhi nzuri iliyo na rotuba nyingi, na inaweza kulisha Kenya nzima. Tutafanyaje hayo yote tukiwa na terrorists ama bandits ? Itabidi tubadilishe sheria ili yeyote atakayepatikana katika Bonde la Kerio…
Nitakuongezea dakika moja ili umalizie maoni yako. 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.
Ninaomba dakika mbili, Mhe. Spika wa Muda.
Nitakupea dakika moja. Mimi ndiye msimamizi wa Kikao.
Magaidi hao wamefanya watu wahame kwao. Pia, wamefanya vijana wadogo wasalie nyumbani badala ya kutafuta riziki ama kutafutia jamii zao maisha bora huko Eldoret na miji mingine kama wenzao. Hii ni kwa sababu hawawezi kuwaacha mama na jamii zao bila ulinzi. Nikipigiwa simu na mtu yeyote kutoka Bonde la Kerio, haswa kabla haijatimia saa sita mchana, huwa ninashikwa na hofu moyoni mwangu na kushangaa iwapo ni uvamizi umefanyika ama ni jambo lipi limetokea. Ninashukuru Kamati hii ambayo mimi pia ni mwanachama. Nilitembea katika hizo Kaunti zote. Ninazidi kusisitiza Serikali ikaze kamba kwa sababu tunapoteza rasilimali nyingi. Watu hao wanaeza kujiendeleza, kupanda vyakula na kuilisha Kenya nzima.
Ahsante, Mhe. Caroline Ng’elechei. Kwa sasa, ninampa nafasi Mhe. Major Bashir.
Thank you, Hon. Temporary Speaker for giving me this opportunity. First and foremost, I want to thank the Committee for bringing a detailed Report on insecurity in the six counties in the North Rift. When you look at these counties along with others in the larger Northern Kenya, they have a common denominator. They are pastoralists in nature. Therefore, security or insecurity issue is unique in these areas. It cannot be dealt with in the same way as in the urban areas. How unique is it? You can attest to the fact that when insecurity arises in these areas, the Government or other actors often call upon leaders and elders to act. However, you do not hear such calls when similar issues arise in Nairobi.
For example, there are issues in Homa Bay County. You have not heard anyone asking Hon. Kaluma, with all due respect, and others what is happening there. That alone tells you that these areas and communities are unique. Therefore, there must be a unique solution to the problem. I operated in all these counties, when I was serving in the military. Up to now, we still talk about operational areas, military connected operations and police connected operations. We have never learnt lessons. We are doing the same thing and expecting same results. What is the underlying factor here? It is socio-economic factors over the years. If these things are addressed in these pastoral areas, insecurity will be reduced drastically. However, they are not addressed. The same thing happens in the counties in Northern Kenya. The socio- economic factors contribute to lawlessness. There is no presence of Government. We keep on requesting for administrative units, but people wonder why we need them. This is because this is a unique place which requires unique solutions. In fact, this Committee should have also recommended that when these areas ask for administrative units, please, give them in large numbers. We should reduce them in other places which do not require them, and then we give them.
This Report says Baringo County is the worst hit. Why is it so yet we had 24 years of presidency in that place? It is because those parts that are the worst hit are pastoralists in nature. It is not the entire Baringo that is badly hit. Baringo is in two different areas: the pastoralists areas and the normal areas. The normal areas are very safe and secure, but the pastoralists areas are very insecure because of socio-economic factors. There are no roads, schools and water, yet we want to eradicate insecurity in these places. You will be going there. I was there in 1999, 2000, 2001, 2002 and 2003. Hon. Raso was with me in the military. We worked together. We will continue going round like this, unless we have unique solutions to this problem. What is the solution in this place? It is the communities themselves to sit down and say, enough is enough. However, with the Government's support, construct roads for these 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.
people, build schools and give them water, and they will settle. An incident happens in a certain place, but the police officers cannot reach there because there is no road.
We talk about Al-Shabaab menace in North Eastern because there are no roads. If the road from Garissa to Mandera is tarmacked, 80 per cent of insecurity in this place will be resolved. Al-Shabaab issue will be a thing of the past. It will not happen.
This Report is well detailed, but who will implement it? Will it just go to the folders and be kept? No. We want the Government to look at it.
Give Hon. Major (Rtd) Bashir two minutes because he is providing solutions.
Yes. The Committee has made a detailed Report. I looked at it and it contains substance. It needs to be implemented. If it is implemented, it will help the people of North Rift. However, I still insist on the issue of development that is the social economic factors in these places. Hon. Temporary Speaker, let us speak in one voice and emphasise on the development of these areas just like the rest of Kenya and there will be no insecurity. That is the point. We are using billions in places which are already developed. We are looking at where to build roads. We have vast land on where to build roads. In other places, we wonder which corner to go through so that we can build these roads. That is not the case in Northern Kenya and yet, every year we are spending billions of shillings for operations. How much money do we use for security? It is in billions. Those billions can be used to construct roads.
This is a good Report. I urge the Government and the institutions concerned to fast- track the implementation and ensure that insecurity is something of the past in North Rift and the entire Northern Kenya. We have issues of Al-Shabaab right now menacing in North Eastern. We are unable to deal with it. Twenty years down the line, we still have Al-Shabaab issues because we want to deal with Al-Shabaab with so much force where you want to go and attack their camps yet they operate individually and in small groups of two, three or four. We have tanks deployed to roam the area, but that is not working. Let us think outside the box and look at how to deal with these issues like providing development in these areas as well as improving the socio-economic factor to scale down insecurity.
I support the Report. Thank you.
Hon. Lotee.
Thank you, Hon. Temporary Speaker. Let me first take this opportunity to thank the Committee for such a detailed Report of the insecurity situation in the North Rift region. Having come from the North Rift region and a Member of Parliament from Kacheliba Constituency, I wish to support the Report but with the following comments.
First, it pains me more to see Members in this House debate and trying to point a finger at a community. I appreciate what the County Women Representative of Elgeyo Marakwet has said. It is not a community. It is individuals within the community. I heard one Member saying that we need to investigate the community that is hitting every other person. If it were to be so, we would not be talking about the incident that happened on Sunday in Kacheliba Constituency. Two people who were riding a motor cycle going to Loya, were shot at. One of them is in the mortuary as we speak. He was shot by bandits from the Turkana Community. If it was only the Pokot Community that are hitting people, we would not be speaking of a person in the mortuary right now. Tomorrow morning, Wednesday, 2nd April 2025, we will be burying a Chief by the name Sebei of Loruk in Tiaty East. He was a Chief. He was killed by the NPR supported by an armoured police vehicle. He was chased by an armoured police vehicle with NPR from the other side of Baringo. He will be buried tomorrow. The reason why I am saying this is… The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor.
Hon. Lotee, are you saying an armoured personnel carrier belonging to the Government, carried people working for the Government to kill a chief, an administrator?
Yes. He is going to be buried tomorrow. It was done when the Head of Public Service, Mr. Felix Koskei was in Tiaty.
On a point of order, Hon. Temporary Speaker.
What is out of order, Hon. Ng’elechei?
Hon. Temporary Speaker, Hon. Lotee is a Member of Parliament for Kacheliba which does not border Baringo in any way. I challenge him to confirm, if indeed, what he is saying is true or he is misleading the House. It is emotional but it is not good to drag in the Government agencies into shenanigans. Thank you.
Hon. Cynthia Muge.
Thank you, Hon. Temporary Speaker. I would also ask Hon. Lotee to substantiate the claims because they are heavy. If that is honestly the truth of the matter, we should be in court because the perpetrators are known. So, if he can substantiate, the better. If he cannot, then I think it is only fair that he withdraws.
Hon. Lotee, the statement you have made, more so, concerning the involvement of police or national Government officials in the killing of a chief who was serving in the National Government Administration, is very serious. The request is that you substantiate.
Hon. Temporary Speaker, tomorrow we are going to bury the chief. And tomorrow is Wednesday, 2nd April. I would not say this if I had not confirmed. He was killed by the NPRs.
We are not dealing with the fact of that public servant's unfortunate death. We are dealing with the fact you are talking about relating to who, in your view, killed him and the use of the anti-personnel carrier. Can you substantiate that claim?
Hon. Temporary Speaker, give me time to substantiate it. But I will say this without doubt that the information that I have...
Well, Hon. Lotee, do you want to substantiate that claim so that I give you the time to do so, or you want to withdraw it?
Hon. Temporary Speaker, the information...
If you insist you can substantiate the claim that anti-personnel carriers that are among the equipment the Government has deployed to the North to help with the security situation have been used by officers… You said NPR?
Yes, Hon. Temporary Speaker.
And that those together have killed another officer of Government? We can give you time, but if you are not sure, you can withdraw that part so that we can continue with the debate. I am telling you this to confirm that the Standing Orders requires you to substantiate any claim. It also gives you up to the following day to do so.
Sure, Hon. Temporary Speaker. If I am given up to the following day, I will substantiate, but at this point I can confirm that there is a chief by the name Sebei of Loruk who is dead, and will be buried tomorrow, and that he was killed by NPR. As to the use of armoured police vehicles…Give me time tomorrow. I will substantiate, and it is going to be positive. That aside, I wish to say the following with regard to the report. The report is good, and it is going to give us solutions. 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.
So, Hon. Lotee, you have requested time to substantiate. I hope you get clearly what requires substantiation within the meaning of the Standing Orders here. The claim that the anti-personnel carrier belonging to the Government, being part of the equipment of Government, has been used by an NPR, also deployed by Government, because they are paid by Government, and these two were used together to kill the Chief. If you believe you can substantiate by confirming the details of the officers involved in the killing of the chief, and the details of the NPR, under the Standing Orders, I will be giving you the opportunity to substantiate tomorrow, Afternoon Sitting. Do you want to go that way, or you want to withdraw that part and continue?
Hon. Temporary Speaker, on the basis that tomorrow I am traveling out, I will withdraw, but let it be that I have said it.
If you withdraw, just withdraw without reservations and conditions. You withdraw that part so that you can continue with the other contribution.
So that I can continue with the other contribution.
You are granted.
Thank you, Hon. Temporary Speaker.
Let me also direct that that part of the statement be expunged from the Hansard, so that it does not incite emotions in terms of triggering Government using its resources to fight Government officers. Hon. Lotee, you can continue.
Hon. Temporary Speaker, on 24th February 2025, military personnel in my Constituency looted. That I can confirm. I have messages and photographs, and I shared them with the Army Commander. Basically, this Report is good. It is going to help us address issues that have made the Northern region of this country become insecure.
On a point of order, Hon. Temporary Speaker.
Hon. Raso, what is out of order?
Hon. Temporary Speaker, with due respect to Hon. Lotee, he made a very sweeping and dangerous statement on the Floor of this House. To say that the military looted in his constituency simply means that the law and order problem in this country is being exacerbated by law enforcement agencies. We cannot go on that tangent. Social media cannot be used to substantiate an issue on the Floor of this House. For that reason, I ask you to guide the Member to stick to what is before the House. Thank you, Hon. Temporary Speaker.
Hon. Lotee, did I hear you claim that you can substantiate that fact?
I got photographs on the same, which I shared with the Army Commander. I have the names of the people and the time this happened. But on the basis that I am being asked to bring the names of the officers here, I withdraw.
Do I hear you withdraw that part of your statement, too?
I withdraw.
You can then conclude.
Thank you. You can now give me my time, Hon. Temporary Speaker. One of the things the Report has captured clearly is the boundaries issue in the region. Nobody has talked about it. The Committee has recommended that we use the boundary review of 1992. There are a lot of inter-boundary issues that have brought conflict. I remember in 2016, the County Government of West Pokot got into a court battle with the County 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.
Government of Turkana based on a boundary issue. I brought a question to the Cabinet Secretary about why we have a village created in 1997 reporting to Turkana County and yet it is geographically, in West Pokot County. If we can handle the boundary issues as recommended by this Report, we can go far. According to the Report of the Cabinet Secretary, Lorogon Village was in West Pokot up to 1997. So, let us go back to the 1992 boundaries. The other issue is systematic exclusion of the people. In my Constituency, there are schools that His Excellency, the President said needed to be re-opened. Up to now, a school called Anyang’alem in my Constituency has not been re-opened. We do not have boarding schools or roads. Turkwel Dam, for example, only serves the national interest of generating electricity. Nobody has bothered to supply that water to the communities. The Report says one of the reasons for conflict is water. Why can the Government not work on water supply instead of giving the people lip service? We are getting a lot of lip service. In my Constituency...
How long do you need to conclude?
Just a minute.
Give Hon. Lotee a minute again.
I will cut my contribution to a minute. There is systematic exclusion. We need to have the children in school. One Member said very clearly how schools can help in addressing insecurity. We need boarding schools and not day schools. You cannot tell a child in my Constituency to walk for three kilometres to school through an insecure place. That is basically telling the child that they do not need to go to school. If the Government is serious, let it invest in boarding schools in all the marginalised areas of the North Rift. The NPRs have become a darling of many places in the North Rift. You will not find a single Kenyan military personnel along the 180-kilometre of the international border in my constituency. Only the NPRs take care of this country. I wish the Government could take advantage and ensure that the NPRs are not only given guns, but are also trained and taken care of.
Hon. Lotee, we have given you a lot of time because of the important matters you are raising. Hon. Members, this is a very emotive debate. I believe it will be continued tomorrow. Please be here so that we can get solutions. Every time I have had occasion to meet the President, he has raised the issue of how Parliament can help him solve the issue of insecurity in the North. This being his region, let us be here to provide solutions and bring an end to insecurity in the North.
Hon. Members, the time being 7.07 p.m., this House stands adjourned until Wednesday, 2nd April 2025, at 9.30 a.m.
The House rose at 7.07 p.m.
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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.