Hansard Summary

The House met to discuss the vetting of nominees for appointment as Principal Secretaries, with various committee chairs presenting reports on their respective committees. Members of Parliament gave notice of motions to adopt reports of various departmental committees on the vetting of nominees for appointment as Principal Secretaries. The motions were laid on the table of the House on Thursday, 1st December 2022. The National Assembly debates the adoption of reports on nominees for appointment as Principal Secretaries and discusses various questions and statements, including the status of investigations into the disappearance of two individuals and the status of seismic activity in Limuru.

Sentimental Analysis

Mixed

THE PARLIAMENT OF KENYA

NATIONAL ASSEMBLY

THE HANSARD

Thursday, 1st December 2022

Hon. Deputy Speaker

Hon. Members, there is need for quorum. Serjeant-at-Arms, I direct that the bell be rung.

We may now proceed; we have quorum.

Hon. Deputy Speaker

Let us have Hon. John Mutunga, Chairperson of the Departmental Committee on Agriculture and Livestock.

Hon. (Dr.) John K. Mutunga (Tigania West, UDA)

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

Report of the Departmental Committee on Agriculture and Livestock on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

Let us have Hon. Kangogo Bowen, Chairperson of the Departmental Committee on Blue Economy and Irrigation.

Hon. Kangogo Bowen (Marakwet East, UDA)

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

Report of the Departmental Committee on Blue Economy and Irrigation on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

Let us have Dr. Robert Pukose, Chairperson of the Departmental Committee on Health.

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

Report of the Departmental Committee on Health on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

Let us have Hon. Vincent Musyoka, Chairperson of the Departmental Committee on Energy. You are next.

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

Report of the Departmental Committee on Energy on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

Let us have Hon. Peter Lochakapong, Chairperson of the Departmental Committee on Regional Development.

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

Report of the Departmental Committee on Regional Development on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

Let us have Hon. Kuria, Chairperson of the Departmental Committee on Finance and National Planning.

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

Report of the Departmental Committee on Finance and National Planning on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

Hon. Julius Melly, Chairperson of the Departmental Committee on Education and Research.

Hon. Julius Melly (Tinderet, UDA)

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

Report of the Departmental Committee on Education and Research on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

Hon. Johana Ng’eno, Chairperson of the Departmental Committee on Housing, Urban Planning and Public Works.

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

Report of the Departmental Committee on Housing Urban Planning and Public Works on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

Next Order!

NOTICES OF MOTIONS

ADOPTION OF REPORT ON NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

Hon. Deputy Speaker

Hon. John Mutunga, Chairperson of the Departmental Committee on Agriculture and Livestock.

Hon. (Dr.) John K. Mutunga (Tigania West, UDA)

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

THAT, this House adopts the Report of the Departmental Committee on Agriculture and Livestock on the vetting of nominees for appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. Kangongo Bowen, Chairperson, Departmental Committee on Blue Economy and Irrigation

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

THAT, this House adopts the Report of the Departmental Committee on Blue Economy and Irrigation on the vetting of the nominees for appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. (Dr) Robert Pukose, Chairperson, Departmental Committee on Health.

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

THAT, this House adopts the Report of the Departmental Committee on Health on the vetting of nominees for appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. Vincent Musyoka, Chairperson, Departmental Committee on Energy.

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

THAT, this House adopts the Report of the Departmental Committee on Energy on the vetting of the nominees for appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the

Constitution of Kenya approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. Peter Lochakapong, Chairperson Departmental

Committee on Regional Development.

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

THAT, this House adopts the Report of the Departmental Committee on Regional Development on the vetting of the nominees for appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. Julius Melly, Chairperson Departmental Committee on Education and Research.

Hon. Julius Melly (Tinderet, UDA)

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

THAT, this House adopts the Report of the Departmental Committee on Education and Research on the vetting of the nominees for appointment as Principal Secretaries, laid on the table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. Kuria, Chairperson Departmental Committee on Finance and National Planning.

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

THAT, this House adopts the Report of the Departmental Committee on Finance and National Planning on the vetting of the nominees for appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution approves the appointment of the following persons as Principal Secretaries:

PAPER LAID

Hon. Deputy Speaker

Hon. Alice Ng’ang’a, Chairperson, Departmental Committee on Social Protection.

Hon. Alice Ng’ang’a (Thika Town, UDA)

Hon. Deputy Speaker, I beg to lay the following Papers on the Table:

The Report of the Departmental Committee on Education and Research on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

Hon. Alice Ng’ang’a, you may give your Notice of Motion.

NOTICES OF MOTIONS

ADOPTION OF REPORT ON NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

Hon. Alice Ng’ang’a (Thika Town, UDA)

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

THAT, this House adopts the Report of the Departmental Committee on Social Protection on the vetting of the nominees for appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022, and pursuant to the provisions of Article 155 (3) (b) of the Constitution, approves the following persons as Principal Secretaries:

Hon. Deputy Speaker

Next Order. Sorry, Johana Ng’eno has not given notice of his Motion. Go ahead.

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

THAT, this House adopts the Report of the Departmental Committee on Housing, Urban Planning and Public Works on the vetting of nominees for appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022, and pursuant to the Provisions of Article 155 (3) (b) , of the Constitution, approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

You may now proceed to the next Order.

On a point of order, Hon. Deputy Speaker.

Hon. Deputy Speaker

What is your point of order, Hon. David Gikaria? Hon. David Gikaria

: Hon. Deputy Speaker, I am just wondering when

Hon. Deputy Speaker

the Departmental Committee on Environment, Forestry and Mining is supposed to table its Report. We finished our report writing yesterday and we were supposed to table it today.

Thank you, Hon. Deputy Speaker.

Hon. Deputy Speaker

As soon as it makes its way into the House, it shall be approved and then you will table it.

Hon. Member for Thika Town, Hon. Alice Ng’ang’a.

QUESTIONS AND STATEMENTS

QUESTION BY PRIVATE NOTICE

STATUS OF INVESTIGATIONS INTO THE DISAPPEARANCE OF MESSRS DERRICK MURETI MURIUKI AND LAWRENCE MAWIRA NJERU

Hon. Alice Ng’ang’a (Thika Town, UDA)

Hon. Deputy Speaker, I beg to ask the Cabinet Secretary for Interior and National Administration the following Question:

Hon. Deputy Speaker

Member for Marsabit County, Hon. Naomi Waqo.

ORDINARY QUESTIONS

ELECTRIC POWER CONNECTIVITY IN MARSABIT COUNTY

Hon. Deputy Speaker, I beg to ask the Cabinet Secretary for Energy and Petroleum the following Question:

Hon. Deputy Speaker

Member for Limuru. Question No.087/2022

STATUS OF SEISMIC ACTIVITY IN LIMURU

Hon. Deputy Speaker, I rise to ask the Cabinet Secretary for Environment and Forestry the following Question:

Hon. Deputy Speaker

Request for Statement by the Member for Marsabit County, Hon. Naomi Waqo.

REQUEST FOR STATEMENT DELAY IN ISSUANCE OF NATIONAL IDENTITY CARDS IN MARSABIT COUNTY

Hon. Deputy Speaker, pursuant to the provisions of the Standing Order 44 (2) (c) , I seek a statement from the Chairperson of the Departmental Committee on Administration and Internal Affairs regarding the delay in issuance of National Identity Cards to the new applicants in Marsabit County.

The predicament faced by the new applicants in obtaining identity cards due to their ethnicity is so discriminatory and further demonstrates how the delay may endanger the well- being of the applicants and their families. As a result, travelling to other parts of the country

becomes a challenge due to lack of an identity card which is a mandatory pass at the various police checkpoints along Moyale-Isiolo Road.

Majority of school leavers in Marsabit County seeking identity cards to apply for university, college and funding from the Higher Education Loans Board (HELB) have experienced prolonged delay in issuance of the national identity cards. Consequently, the issue of students’ identity cards negates the university’s provision which states that students must identify themselves by providing identity cards whenever required.

Moreover, those applying for lost or misplaced cards are also forced to wait for long before they can be issued with new cards. It is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Administration and Internal Affairs,

I thank you.

Hon. Deputy Speaker

Hon. John Kiarie, Chairperson of the Departmental Committee on Communication, Information and Innovation, we are just having a slight variation to the Order Paper. We will allow you to lay the Paper and move the Notice of Motion.

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

The Report of the Departmental Committee on Communication, Information and Innovation on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

You may proceed to move your Notice of Motion.

NOTICE OF MOTION

ADOPTION OF REPORT ON NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

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

THAT, this House adopts the Report of the Departmental Committee on Communication, Information and Innovation on the vetting of nominees for appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022, and pursuant to the provisions of Article 155 (3) (b) of the Constitution, approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Next Order. Hon. Members, we will be moving to Order Nos.9 and

APPROVAL OF NOMINEES TO NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND COMMITTEES

1. BOMACHOGE BORABU CONSTITUENCY 2. BOMET EAST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

3. BORABU CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

4. EMBAKASI EAST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

5. EMGWEN CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

6. FAFI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

7. GEM CONSTITUENCY 8. IJARA CONSTITUENCY 9. KIMILILI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

10. KISUMU EAST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

11. KITUI WEST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

12. KITUTU CHACHE SOUTH CONSTITUENCY

CATEGORY Statutory Provision for Assumption of Position

13. KITUTU MASABA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

14. LARI CONSTITUENCY 15. LUANDA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

16. LURAMBI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

17. MALINDI CONSTITUENCY No. Name Category Statutory Provision for Assumption of Position

18. MATHARE CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

19. MATHIRA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

20. MBOONI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

21. NAMBALE CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

22. NORTH MUGIRANGO CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

23. OL KALOU CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

24. SAKU CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

25. SAMBURU EAST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

26. SUBA NORTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

27. TETU CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

28. THIKA TOWN CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

29. TIGANIA WEST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

30. UGENYA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

31. WESTLANDS CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

32. ALEGO USONGA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

33. BUURI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

34. HAMISI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

35. IKOLOMANI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

36. KARACHUONYO CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

37. KITUTU CHACHE NORTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

38. LAISAMIS CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

39. LUNGALUNGA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

40. MACHAKOS TOWN CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

41. MATUGA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

42. MWINGI CENTRAL CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

43. SEME CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

44. JUJA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

45. RUNYENJES CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

46. TIGANIA EAST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

47. TURKANA NORTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

48. TURKANA WEST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

49. WAJIR NORTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

50. WAJIR WEST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

51. BALAMBALA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

52. BANISSA CONSTITUENCY 53. BUTERE CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

54. EMUHAYA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

55. FUNYULA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

56. GATUNDU NORTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

57. KABETE CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

58. KIAMBAA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

59. KIBWEZI EAST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

60. KILIFI NORTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

61. KEIYO SOUTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

62. KESSES CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

63. KURESOI SOUTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

64. MANDERA NORTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

65. MANDERA WEST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

66. MASINGA CONSTITUENCY 67. MATAYOS CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

68. MOGOTIO CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Name Category Statutory Provision for Assumption of Position

69. MT. ELGON CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

70. MWALA CONSTITUENCY

. Name Category Statutory Provision for Assumption of Position

71. NAVAKHOLO CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

72. NYANDO CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

73. SABATIA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

74. TAVETA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

75. TESO NORTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

76. TINDERET CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

77. TURKANA CENTRAL CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

78. VIHIGA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

79. ELDAS CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

80. GILGIL CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

81. GITHUNGURI CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

82. KAJIADO WEST CONSTITUENCY (Revised)

Category Statutory Provision for Assumption of Position

83. KAPENGURIA CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

84. KIENI CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

85. KITUI SOUTH CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

86. MAARA CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

87. MARAKWET WEST CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

88. OL JORO OROK CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

89. OTHAYA CONSTITUENCY (Revised)

90. RONGAI CONSTITUENCY (Revised)

Name Category Statutory Provision for Assumption of Position

91. EMURUA DIKIRR CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

92. KABONDO KASIPUL CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

93. KANDUYI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

94. KIAMBU TOWN CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

95. KIBWEZI WEST CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

96. KILIFI SOUTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

97. KIMININI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

98. KINANGO CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

99. LUGARI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

100. MUKURWE-INI CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

101. MWINGI NORTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

102. NDIA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

103. SIRISIA CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

ADOPTION OF SESSIONAL PAPER ON NATIONAL AGRICULTURAL POLICY

Hon. Deputy Speaker

We may now move back to Order 8.

REPORT OF THE WHOLE HOUSE ON THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO.2) BILL

Hon. Deputy Speaker

accordance with the recommendation of the relevant Committee of the Assembly after taking into account the views of the Cabinet Secretary responsible for finance.

Article 218 that contains provisions dealing with:

Hon. Members, from the above, it is observed that before the House proceeds with consideration of any Motion with monetary implications, the relevant Committee of the House, and in this case, the Budget and Appropriations Committee must make a recommendation after taking into account the views of the Cabinet Secretary for the National Treasury.

As contained in the Order Paper of yesterday afternoon, there were certain proposed amendments to the Bill which were subject to the provisions of Article 114 of the Constitution. The amendments which were proposed by the Member of Maara, Hon. Kareke Mbiuki CBS, sought to amend the First Schedule of the Bill to reallocate certain funds for the construction of county headquarters for five counties.

Instructively, Hon. Members, it is observed that during the Sitting, the Chairperson of the Budget and Appropriations Committee pronounced himself as there being an agreement from the Committee regarding the amendment. However, I have not received any evidence by way of either a committee report or correspondence to confirm that the consultations contemplated under Article 114 of the Constitution between the Committee and the National Treasury took place.

Indeed, the Report of the Committee on its consideration of this Bill, which was tabled in the House, recommended that the amendments proposed by the Member for Maara Constituency and others proposed by the National Treasury relating to the disbursement of court fees and fines to the counties should not be considered by the House. Hon. Members, the intention of actualizing Article 114 of the Constitution and the practice that started in the 11th Parliament is to avoid whimsical amendments on the Floor, especially amendments that touch on taxes and imposition of charges on a public fund, and the appropriation of public money given the possible far-reaching implications.

Additionally, it should further be noted that this Bill will be passed annually. As such, any matters that may have been left out can be revisited in the next Bill once the requisite consultations have taken place. As your Deputy Speaker, however, I am duty-bound to correct the errors that fly against the Constitution, our laws and the Standing Orders. Article 114 of the Constitution on limitations on the amendments proposed by the Member for Maara was not lifted before consideration of the Committee of the whole House yesterday. In this regard,

immediately. That the Committee shall resume from the point before the amendments were considered, being the First Schedule of the Bill.

Article 114 of the Constitution and the practice that was started in the 11th Parliament on actualising the provision are upheld when guiding the presidium on all money Bills. The House is accordingly guided. Thank you. Hon. Members, in view of that communication, we now move to Order No. 12.

COMMITTEE OF THE WHOLE HOUSE

IN THE COMMITTEE

THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO. 2) BILL

Hon. Deputy Speaker

proposed the Question. If you have nothing to say, I will put the Question. Do you have something to say?

Yes. The Temporary Chairman

: Proceed.

Thank you very much, Hon. Temporary Chairperson for your guidance. I wholly agree that it is subject to Article 114 of the Constitution. On the whole issue of allocation of additional funds to the county governments, it is important that we consult the National Treasury for their input.

I just want to bring this matter to speed because, generally speaking, we may agree with the amendment in terms of trying to allocate funds equally to the five counties charged with building their headquarters. However, procedurally, there is another House to consider – the Senate.

Hon. Temporary Chairperson, having this particular Bill and given that the Senate is going on recess today, we will put a lot of other businesses and donor funds in abeyance. Therefore, I concur that we go ahead as you have guided.

The Temporary Chairman

: Fair enough. Very well-articulated.

Hon. Members, having concluded the business of recommittal of the First Schedule, I call upon the Mover to move reporting.

Hon. Temporary Chairperson, I beg to move that the Committee do report to the House its consideration of the County Governments Additional Allocations (No.2) Bill (Senate Bill No.4 of 2022) and its approval thereof without amendments.

The Temporary Chairperson

: Precisely.

IN THE HOUSE

REPORT AND THIRD READING THE COUNTY GOVERNMENTS ADDITIONAL ALLOCATIONS (NO.2) BILL

Hon. Deputy Speaker

I call upon the Chairperson of the Committee of the whole House to report to the House.

Hon. Deputy Speaker, I beg to report that a Committee of the whole House has considered the County Governments Additional Allocations (No. 2) Bill (Senate Bill No.4 of 2022) and approved the same without amendments.

Hon. Deputy Speaker

I now call upon the Mover of the Bill to move for agreement with the Report.

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee in the said Report.

I request Hon. John Njuguna Kawanjiku from Kiambaa to second the Motion for agreement with the Report of the Committee of the whole House.

Hon. Njuguna Kawanjiku (Kiambaa, UDA)

Thank you, Hon. Deputy Speaker. As a Member of the Budget and Appropriations Committee, I second.

Hon. Deputy Speaker

Mover, proceed to Third Reading.

Hon. Deputy Speaker, I beg to move that the County Governments Additional Allocations (No.2) Bill (Senate Bill No.4 of 2022) be now read a Third Time.

Just for the record, and to put matters into perspective, the matter in question was with regard to the construction of headquarters of five counties which originally never had any premises to inherit, especially from the District Commissioners’ offices that existed before. The Bill from the Senate proposes that four counties do receive conditional grants because the construction of headquarters was ongoing. One county had been left out. It was the general feeling that we also incorporate it. Procedurally, we also thought that we may delay the disbursement of funds to other counties since this Bill came from the Senate, then to our Committee, and now to the plenary. Any other alterations would send the Bill back to the Senate. If there was no agreement, we would proceed to mediation.

With that in mind, the Senate is proceeding for recess today. Therefore, it would not have been proper to delay all other processes and disbursements because of rearrangement of the said funds. There are no additional funds. It is just a matter of rearranging the allocations. Of course, this Bill is subject to Article 114 of the Constitution. Having all that in mind, other counties would be disenfranchised through delays. It was important for me to put that on record and into perspective so that we are all on the same page.

Hon. Deputy Speaker, I beg to move and request the Leader of the Majority Party, Hon. Kimani Ichung’wah, to second.

Hon. Kimani Ichung’wah (Kikuyu, UDA)

Hon. Deputy Speaker, I beg to second. The County Governments Additional Allocations (No. 2) Bill (Senate Bill No.4 of

Hon. Kimani Ichung’wah (Kikuyu, UDA)

importance of ensuring prudence in utilization of public funds. I commend the Governor of Kisii and quite a number of other governors I have seen doing good work in rationalizing expenditures in their counties. I encourage others to follow suit.

Recent incidents between governors and their assemblies have been quite disturbing. I would like to use this opportunity to plead with governors, especially first-time governors. I know that when you are addressed by the title ‘Your Excellency’, at times it tends to go into your heads and you do not listen to other leaders. You start belittling Members of County Assemblies (MCAs) who are the legislators in county assemblies. Let us also speak to our governors and ask them to borrow a leaf from our President who consults and continuously engages with Members of Parliament in our Parliamentary Group Meetings and even outside, like during the ‘Hustlers Fund’ launch yesterday. Our governors should borrow a leaf from the President and engage with their county assemblies, both formally and informally, so that we see a seamless flow of services to Kenyans without unnecessary squabbles as we have seen in a number of counties. We can already see smoke billowing in a few other counties. There might be trouble in a number of counties very soon due to the attitude of a number of governors. I do not want to get into the business of mentioning names. They all know themselves and they better shape up before they are shipped out by MCAs.

Thank you, Hon. Deputy Speaker. I beg to second.

Hon. Deputy Speaker

Hon. Members, I confirmed that we have the requisite quorum in the House for purposes of making a determination.

Hon. Members

Put the Question!

APPROVAL OF NOMINEES TO NATIONAL GOVERNMENT CONSTITUENCY DEVELOPMENT FUND COMMITTEES

Hon. Deputy Speaker

Chairperson of the Select Committee on National Government Constituencies Development Fund, Hon. Sirma.

Hon. Deputy Speaker, I beg to move the following Motion:

THAT, pursuant to the provisions of Section 43 (4) of the National Government Constituency 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 two Constituency Committees of the National Government Constituency Development Fund, laid on the Table of the House on Wednesday, 30th November 2022:

1. NDHIWA CONSTITUENCY

Category Statutory Provision for Assumption of Position

2. ISIOLO SOUTH CONSTITUENCY

Name Category Statutory Provision for Assumption of Position

Hon. Deputy Speaker, I do recognise that time is of essence. Noting the input of the Motion that has been moved, I wish to second. Thank you very much Hon. Deputy Speaker.

Hon. Deputy Speaker

We will continue to receive reports from the various committees as they become available. I now call upon Hon. Nelson Koech, Chair of the Departmental Committee on Defence, Intelligence and Foreign Relations. It seems he is not here. I will now call upon the Chairperson, Committee on Delegated Legislation.

Hon. Kibet Komingoi (Bureti, UDA)

Hon. Deputy Speaker, on behalf of the Chair of the Committee on Delegated Legislation, I beg to lay the following Papers on the Table of the House: Report of the Select Committee on Delegated Legislation on its consideration of the Adjustment of Export Levy for Inflation made under the Miscellaneous Fees and Levies Act Regulations 2022, Legal Notice No. 203/2022 Report of the Select Committee on Delegated Legislation on its consideration of the Adjustment of Rates of Excise Duty for Inflation Regulations 2022, Legal Notice No. 204 /2022. Report of the Select Committee on Delegated Legislation on its consideration of the Statutory Instruments, Exemption from Expiry, Regulations 2022, Legal Notice No. 214/2022. Report of the Select Committee on Delegated Legislation on its consideration of the Statutory Instruments, Exemptions from Expiry Regulations of 2022 Legal Notice No. 218/2022. Thank you Hon. Deputy Speaker.

Hon. Deputy Speaker

Hon. Leader of the Majority, Hon. Kimani Ichung'wah, are you going to give a Notice of Motion on behalf of the Chairperson?

The representative of the Hon. Chairperson of the Select Committee on Delegated Legislation, you can now give Notice.

NOTICES OF MOTIONS

ADOPTION OF REPORT ON CONSIDERATION OF ADJUSTMENT OF RATES OF EXPORT LEVY FOR INFLATION

Hon. Kibet Komingoi (Bureti, UDA)

Hon. Deputy Speaker, I beg to give notices of the following Motions:

THAT, this House adopts the Report of the Select Committee on Delegated Legislation on its consideration of the Adjustment of Rates of Export Levy for Inflation, Regulations 2022, laid on the Table of the House on Thursday, 1st December 2022, and pursuant to the provisions of the Section 15 (4) of the Statutory Instruments Act, 2013

Hon. Kibet Komingoi (Bureti, UDA)

approves the adjustment of rates of Export Levy for Inflation, Regulations 2022 published as Legal Notice 177 /2022.

ADOPTION OF REPORT ON CONSIDERATION OF ADJUSTMENT OF RATES OF EXCISE DUTY FOR INFLATION

ADOPTION OF REPORT ON CONSIDERATION OF STATUTORY INSTRUMENTS EXEMPTION FROM EXPIRY

ADOPTION OF REPORT ON CONSIDERATION OF STATUTORY INSTRUMENTS EXEMPTION FROM EXPIRY

Hon. Deputy Speaker

Hon. Nelson Koech, the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations, can lay his Paper and give Notice of Motion.

Let us move to the next person, Hon. James Gakuya, the Chairperson of the Departmental Committee on Trade, Industry and Cooperatives.

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

Report of the Departmental Committee on Trade, Industry and Cooperatives on nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

You may give your Notice of Motion.

NOTICE OF MOTION

CONSIDERATION OF NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

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

THAT, taking into consideration the findings of the Departmental Committee on Trade, Industry and Cooperatives in its Report on Vetting of Nominees for Appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022, and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of the following persons as Principal Secretaries:

PAPER LAID

Hon David Gikaria (Nakuru Town East, UDA)

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

Report of the Departmental Committee on Environment, Forestry and Mining on the vetting of the following nominees for appointment as Principal Secretaries:

NOTICE OF MOTION

CONSIDERATION OF NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

Hon David Gikaria (Nakuru Town East, UDA)

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

THAT, taking into consideration the findings of the Departmental Committee on Environment, Forestry and Mining in its Report on the Vetting of Nominees for Appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022, and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. Joash Nyamoko, Chair of the Departmental Committee on Lands.

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

Report of the Departmental Committee on Lands on the vetting of Hon. Nixon Korir for appointment as Principal Secretary for the State Department of Lands and Physical Planning.

NOTICE OF MOTION

CONSIDERATION OF NOMINEE FOR APPOINTMENT AS PRINCIPAL SECRETARY

Hon. Deputy Speaker, I beg to move the following Motion:

THAT, taking into consideration the findings of the Departmental Committee on Lands in its Report on the Vetting of Nominee for Appointment as Principal Secretary, laid on the Table of the House on Thursday, 1st December 2022, and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of Hon. Nixon Korir as the Principal Secretary, State Department for Lands and Physical Planning.

Thank you, Hon. Deputy Speaker.

Hon. Deputy Speaker

Thank you, Hon. “Sir” George Murugara, Chairperson of the Departmental Committee on Justice and Legal Affairs.

Hon. Deputy Speaker, I beg to lay the following Papers on the Table of the House: Report of the Departmental Committee on Justice and Legal Affairs on:

Hon. Deputy Speaker

Proceed to give Notice of Motion.

NOTICES OF MOTIONS

CONSIDERATION OF REPORT ON PETITIONS UNDER STANDING ORDER 230

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

THAT, this House considers and adopts the Report of the Departmental Committee on Justice and Legal Affairs on Petitions by the Republican Liberty Party, Rev. Dennis Ndwiga Nthumbi, Mr. Geoffrey Langat and Mr. Owuor Steve Gerry, seeking the removal of four specified commissioners of the Independent Electoral and Boundaries Commission (IEBC) , laid on the Table of the House on Thursday, 1st December 2022 and, pursuant to the provisions of Article 251 (3) of the Constitution, finds –

CONSIDERATION OF NOMINEE FOR APPOINTMENT AS PRINCIPAL SECRETARY

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

THAT, taking into consideration the findings of the Departmental Committee on Justice and Legal Affairs in its Report on the vetting of a Nominee for Appointment as Principal Secretary, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of Ms. Mary Muthoni Muriuki as Principal Secretary, State Department for Correctional Services.

Hon. Deputy Speaker

Hon. Gabriel Tongoyo, Chairperson, Committee on Administration and Internal Affairs.

PAPER LAID

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

Report of the Departmental Committee on Administration and Internal Affairs on the vetting of the following nominees for the appointment as Principal Secretaries:

NOTICE OF MOTION

APPROVAL NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

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

THAT, taking into consideration the findings of the Departmental Committee on Administration and Internal Affairs in its Report on the Vetting of Nominees for Appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. Daniel Wanyama, Chairperson of Departmental Committee on Sports and Culture.

PAPER LAID

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

Report of the Departmental Committee on Sports and Culture, on the vetting of the following nominees for appointment as Principal Secretaries:

NOTICE OF MOTION

APPROVAL OF NOMINEES FOR

APPOINTMENT AS PRINCIPAL SECRETARIES

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

THAT, taking into consideration the findings of the Departmental Committee on Sports and Culture in its Report on the Vetting of Nominees for Appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. Eric Muchangi, Chairperson, Departmental Committee on Labour.

PAPER LAID

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

Report of the Departmental Committee on Labour on the vetting of the following nominees for appointment as Principal Secretaries:

NOTICE OF MOTION

APPROVAL OF NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

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

THAT, taking into consideration the findings of the Departmental Committee on Labour in its Report on the Vetting of Nominees for Appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

What is your point of order, Hon. Rozaah Buyu?

Hon. Rozaah Buyu (Kisumu West, ODM)

Thank you, Hon. Deputy Speaker. I would like to bring to your attention that we currently do not have quorum.

Hon. Deputy Speaker

Hon. Chairperson, Hon. Eric Muchangi, you may complete your Notice of Motion?

Hon. Deputy Speaker

Serjeant-at-Arms, ring the Quorum Bell for another 10 minutes.

Hon. Members, kindly do not leave because we are calling for quorum. Could the Whips try and get Members to come in?

We now have quorum, and so we may proceed. Hon. George Kariuki, the Chairperson of the Departmental Committee on Transport and Infrastructure.

Hon. George Kariuki (Ndia, UDA)

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

Report of the Departmental Committee on Transport and Infrastructure on vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

You may proceed to give notice of the Motion.

NOTICE OF MOTION

APPROVAL OF NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

Hon. George Kariuki (Ndia, UDA)

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

THAT, taking into consideration the findings of the Departmental Committee on Transport and Infrastructure in its Report on Vetting of Nominees for Appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Hon. Nelson Koech the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations.

PAPER LAID

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

Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on vetting of the following nominees for appointment as Principal Secretaries:

NOTICE OF MOTION

APPROVAL OF NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

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

THAT, taking into consideration the findings of the Departmental Committee on Defence, Intelligence and Foreign Relations in its Report on the Vetting of Nominees for Appointment as Principal Secretaries, laid on the Table of the House on Thursday, 1st December 2022 and pursuant to the provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Next Order!

THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO.42 OF 2022)

Hon. Deputy Speaker

The Leader of the Majority Party.

Hon. Kimani Ichung’wah (Kikuyu, UDA)

Thank you, Hon. Deputy Speaker. The business listed as Order No.13 on the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No.42 of 2022) is listed for second hearing today. Sorry, Second Reading. I am surrounded by too many lawyers that I am getting accustomed to hearings instead of readings. Because of the myriad court cases the National Assembly has on matters to do with the National Government Constituencies Development Fund (NG-CDF) and many other issues, I am getting mixed-up by hearings and readings.

This Bill is scheduled for Second Reading and not hearing as I said, although it is also a hearing because the people of Kenya are hearing as we debate very important issues to do with the Independent Electoral and Boundaries Commission.

Hon. Deputy Speaker, you remember we passed the Independent Electoral and Boundaries Commission Bill in the 12th Parliament and a section of that Act was invalidated by the courts and that is what has necessitated this Bill.

As you are aware, the Departmental Committee on Justice and Legal Affairs is currently sitting to finalise the report on public participation. With that in mind, I request that this Bill be rescheduled to this afternoon once the Departmental Committee on Justice and Legal Affairs has finished. I beg your indulgence

I will also be making a communication in the afternoon on issues pertaining to the National Government Constituencies Development Fund and the National Government Affirmative Action Fund (NGAAF) . I know many Members are very apprehensive about issues of the NGAAF and the NG-CDF. There is already a letter that has been sent to Parliament by

Hon. Kimani Ichung’wah (Kikuyu, UDA)

the Cabinet Secretary for the National Treasury and Economic Planning on fulfilling his promise. We will be doing that this afternoon.

Hon. Millie Odhiambo-Mabona (Suba North, ODM)

(Spoke off-record) Hon. Kimani Ichung’wah (Kikuyu, UDA) Hon. Deputy Speaker, my good friend, Hon. Odhiambo, is shouting something from her seat which I cannot hear clearly. She seems to be advising on the NGAAF and the NG-CDF. I will be making that communication this afternoon. I, therefore, beg your indulgence that we move the two issues to this afternoon following consultations with the Chairperson of the Departmental Committee on Justice and Legal Affairs. I will consult the Clerk on tracing the letter from the Cabinet Secretary.

This Bill is very important. I beg Members to be available this afternoon to discuss it. As you are aware, the President has already exercised powers that are bestowed on him by the IEBC Act. Members are aware that the terms of three commissioners come to an end at the end of January. The other four commissioners are subject to a petition that was already in the hands of the Departmental Committee on Justice and Legal Affairs. Without pre-empting any debate, I saw the Chairperson of the Departmental Committee on Justice and Legal Affairs has already tabled the Report on the petitions touching on the four commissioners. Therefore, there is an imminent danger that the country runs the risk of not having a Commission. That is why it is very important that we expedite this IEBC Bill before we proceed on recess to allow the Senate time to also consider it because it is a Bill that touches on counties. Election of members of county assemblies (MCAs) , Senators, governors, Members of Parliament and the President are all presided over by the IEBC.

There are by-elections due as early as next week. I do not know if there are some scheduled for January. Anything could happen to occasion by-elections. Therefore, the country cannot operate without a Commission. With the terms of three commissioners coming to an end and the fate of the other four commissioners lying in the hands of this Assembly, should anything adverse be decided, we run the risk of not having a Commission. That is why I beg Members to be available this afternoon to consider the Bill, even as we apprise you on other very important issues.

There is also the issue of Principal Secretaries. Members are aware that Principal Secretaries are the accounting officers in ministries. Many issues that affect our people in the constituencies are addressed through ministries, be it education or roads. Without substantive holders of those offices, the outgoing Principal Secretaries may not be very enthusiastic about dealing with issues that we take to their offices knowing that they are on their way out. It is equally important that before we proceed on recess, we approve all Principal Secretaries to ensure that our ministries have accounting officers. When we patronise those offices, we will get help for our constituents because we will have Government officers who can attend to their issues.

Hon. Deputy Speaker, I beg for your indulgence that you direct that we consider these two matters in the afternoon. I know that the IEBC and other electoral matters are quite emotive, but as responsible leaders in the country, we must ensure that all our institutions, from the IEBC to other constitutional commissions, are well-resourced and well-quorate.

I must commend committees that have been working to ensure that we achieve this objective. I am aware that the Departmental Committee on Finance and National Planning is working on the nominees appointed to the Commission on Revenue Allocation (CRA) . I commend the entire leadership, even the Minority side, because they worked very hard over the weekend to ensure that the CRA also quorate.

Hon. Deputy Speaker, with your indulgence, I beg that this business be considered in the afternoon.

Hon. Deputy Speaker

I have agreed that Order No.13 be stepped down to later in the afternoon. Leader of the Minority Party, you cannot shout, and so, I will ignore you. You have

Hon. Deputy Speaker

not pressed the intervention button. I give the Floor to Hon. Kareke Mbiuki, Chairperson of the Departmental Committee on Tourism and Wildlife.

PAPER LAID

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

Report of the Departmental Committee on Tourism and Wildlife on the vetting of the following nominees for appointment as Principal Secretaries:

Hon. Deputy Speaker

You may proceed to give notice of Motion.

NOTICE OF MOTION

APPROVAL OF NOMINEES FOR APPOINTMENT AS PRINCIPAL SECRETARIES

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

THAT, taking into consideration the findings by the Departmental Committee on Tourism and Wildlife in its Report on the Vetting of Nominees for Appointment as Principal Secretaries, laid on the House on Thursday, 1st December 2022 and pursuant to provisions of Article 155 (3) (b) of the Constitution, this House approves the appointment of the following persons as Principal Secretaries:

Hon. Deputy Speaker

Leader of the Minority Party, I earlier chose to ignore you because you were shouting instead of pressing the intervention button. Now you are in order because you have pressed the intervention button.

Hon. Opiyo Wandayi (Ugunja, ODM)

Hon. Deputy Speaker, the Leader of the Minority Party cannot shout. The Leader of the Minority Party holds a constitutional office and cannot shout unnecessarily in the House. He or she can only express himself or herself on pertinent issues that concern the country.

I have two issues. First, I agree with Hon. Ichung’wah on the important pending matter of the NG-CDF. If I heard him correctly, he undertook to report back to the House in the afternoon on that matter. That is critical. I can see Members are very eager and happy to prosecute business, but you will come back and thank me later. If this matter of the NG-CDF is treated as casually as we are treating it, it will come back to haunt us. This matter has the potential of sending nearly 90 per cent of us home come 2027. My friend, Hon. Mbiuki, who is my agemate, knows very well that that issue has been very instrumental in making us come back here. Therefore, we shall be waiting eagerly, very eagerly, to hear what the Leader of the Majority Party has to say on that very important issue.

If you make a mistake, and let me repeat this, Members, if you make a mistake of leaving this House this evening for recess without getting to know when the money is going to hit your accounts in the constituencies, you are dead and buried; literally speaking. That is a very serious issue. I am sure whoever is responsible has heard us.

I have seen this House change positions. You have been with us here, Hon. Deputy Speaker. In this House, positions have changed. One time you are in majority, the other time you are in the minority. What has not changed is the interest of our constituents. I want to plead

Hon. Opiyo Wandayi (Ugunja, ODM)

with you Members, that even as we rush to conclude some business, be sure that there is a lot of problems waiting for us out there.

Secondly, I have seen the Leader of the Majority Party ask you, and you made your ruling. I cannot dispute your ruling. I do not want to do that. We must go back and start respecting our own rules. Business in this House is scheduled by the House Business Committee. Every possible business in this House is scheduled by the House Business Committee which is chaired by none other than the Speaker of the House. There is a reason why the House Business Committee is the only Committee which is chaired by the Speaker.

In the previous dispensation, before the Constitution of Kenya 2010, the House Business Committee was a Committee of the House which was populated by nearly all ministers then. That goes a long way to show you how important that Committee is. A House of Parliament cannot engage in any business without being approved by the House Business Committee, including the time allocated. It is not enough to say that the House Business Committee had allowed this business to come on this day. It must be on a specific timeline. If it is in the Morning Sitting, it must be in the morning sitting. It cannot be changed arbitrarily from morning to afternoon.

Hon. Deputy Speaker

What is your point?

Hon. Opiyo Wandayi (Ugunja, ODM)

My point is that this House has a duty to respect its own rules. That is my point. Therefore, the proposal to push the business on the amendment Bill on the IEBC Act to the afternoon is irregular. It is unprocedural.

Of course, you will have the time to speak, Hon. Ichung’wah. Just listen to me and get my point.

Hon. Deputy Speaker

Leader of the Majority Party, do you have a point of order?

Hon. Opiyo Wandayi (Ugunja, ODM)

Let me just conclude and then he can have the whole day to speak.

We play by the rules, but more critically is that as we continue with these deliberations, Hon. Members, including you, Hon. Deputy Speaker, we must be conscious of what is in our best interests as a House.

Hon. Deputy Speaker

The Leader of the Majority Party.

Hon. Kimani Ichung'wah (Kikuyu, UDA)

Thank you, Hon. Deputy Speaker. I am sorry the Leader of the Minority Party thought I wanted to interrupt him. I wanted to inform him.

The Leader of the Minority Party is a ranking Member of the House Business Committee, which sits every Tuesday. We, indeed, had a meeting this Tuesday and the only sad thing is that the Leader of the Minority Party cannot stand before the House and purport there is business that is irregularly before the House knowing all too well that at the time the House Business Committee was sitting this Tuesday, there was not a single Member of the Minority Party in it. They were busy with their party leader planning rallies that they wanted to hold, I do not know to protect who against what.

Therefore, it is very unfortunate that the Leader of the Minority Party would stand before the House and purport that such important business was not considered in a House Business Committee which he is entitled to attend and failed to as he attended to other unnecessary gatherings.

I want to encourage the Leader of the Minority Party, with all due respect to him, when you were elected by the people of Ugunja and when all leaders in the minority are elected to represent their people in this House, you were elected to come and represent your people. Even in the House Business Committee, you come to represent people in that Committee.

Hon. Kimani Ichung'wah (Kikuyu, UDA)

When your party leader directs you, even as he did in the Departmental Committee on Justice and Legal Affairs to lead you to walk out of a committee of Parliament, then you belittle the people who elected you and you are telling them that you cannot make decisions as leaders by yourselves; that you have to wait for your party leader to direct you on which meeting to attend, when to walk out, when to stand, and when to sit. Please, act as leaders who can take charge of business before the House.

You had the opportunity to appear in the House Business Committee as a Leader of the Minority Party. You had the business of even mobilising other leaders in the minority to attend the House Business Committee and have your say in it. You cannot now come and stand before the national television because you know you are on air, to pretend that this business did not come. You are not only misleading Members who are seated here, but the entire country. You should be bold enough, Hon. Opiyo, to tell the country that you do not have the audacity and the guts to stand on your two feet as the Leader of the Minority Party.

Lead the minority. Stop allowing the former Prime Minister to lead the minority from outside the House. Even the President is not leading this House and the majority from outside the House, my brother. It is not in your standing, Leader of the Minority Party, to tell me when to stand or when to sit. I sit when I am directed by the Speaker, not you.

Hon. Deputy Speaker

Leader of the Majority Party, you have made your point. Leader of the Minority Party, you already had your say. I have ruled on that matter and, therefore, we shall proceed.

ADJOURNMENT

Hon. Deputy Speaker

Hon. Members, the time being 11.45 a.m., this House stands adjourned until today, Thursday, 1st December 2022 at 2.30 p.m.

The House rose at 11.45 a.m.

Hon. Deputy Speaker

Published by Clerk of the National Assembly Parliament Buildings Nairobi