Thursday, 7th June 2018

Let us have the Leader of the Majority Party. Let us have the Chief Whip of the Minority Party. Sorry, the Chief Whip of the Majority Party.

Hon. Deputy Speaker, I beg to lay the following Papers on the Table: The Reports of the Auditor-General and the Financial Statements in respect of the following institutions for the year ended 30th June, 2017, and the certificates therein:

The next one is the Chairperson of the Departmental Committee on Trade, Industry and Co-operatives.

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

The Report of the Departmental Committee on Trade, Industry and Co-operatives on the SACCO Societies (Amendment) Bill, 2018.

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Let us have the Chairperson of the Departmental Committee on Agriculture and Livestock.

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

The Report of the Departmental Committee on Agriculture and Livestock on the Consideration of a Public Petition to Review the Crop Act

to Recognise Bamboo as Scheduled Crop.

Let us have the Chairperson of the Departmental Committee on Lands. I cannot hear you, Hon. Nyamai. Just stay there. We will give you the microphone from where you are.

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

The Report of the Departmental Committee on Lands on the Inquiry into the Alleged Irregularities in the Compensation for part of LR No.7879/4 To M/S Afrison Import Export Limited and Huelands Limited by the National Land Commission (NLC) on behalf of the Ministry of Education for Acquisition of Land for Ruaraka High School and Drive-In Primary School.

The Report of the Departmental Committee on Lands on the 2018 Annual World Bank Conference on Land and Poverty held in Washington D.C. on March 19th – 23rd, 2018.

The next one is Hon. Limo. Are you also tabling a report?

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

The Report of the Departmental Committee on Finance and National Planning on the County Governments Retirement Scheme Bill, 2018.

Let us move on to the next Order.

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

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pursuant to Standing Order No.215 (e), approve the recommendations of the Committee as contained in the said report.

Let us move on to the next Order.

Let us have the Leader of the Majority Party.

I am sorry, Hon. Deputy Speaker. Hon. Oscar Sudi of Kapseret was consulting me and I was telling him that I do not want to get involved in maize. I told him that I better be involved in the business of camels and not maize. I am sure Hon. Wandayi can vouch for that. If it is camels, yes! But not maize!

Hon. Deputy Speaker, pursuant to the provisions of Standing Order No.44 (2) (a) , I rise to give a statement on behalf of the House Business Committee. The Committee met this week at the rise of the House to give priority to business that will be considered today and on Tuesday next week.

As Members are aware, we are in the middle of the Budget cycle and have been considering the Report of the Budget Estimates for the 2018/2019 Financial Year since we resumed on Tuesday this week. Next week, from Tuesday, 12th June, 2018, the House will consider the proposed allocations to the respective votes and programmes for Ministries, Departments and Agencies (MDAs) , the Judiciary and Parliament in the Committee of Supply as submitted by the Budget and Appropriations Committee. Thereafter, we will continue with the Second Reading of the Kenya Coast Guard Bill, 2018 and the Tax Laws (Amendment) Bill,

Let us go to the next one. Let us have Hon. (Dr.) Chris Wamalwa.

Thank you, Hon. Deputy Speaker. Pursuant to Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Transport, Public Works and Housing regarding

A the aircraft crash that occurred on Tuesday, 5th June 2018 after take-off from Kitale Airstrip. Unfortunately, we have been told that the aircraft crashed and there were no survivors.

An aircraft enroute to Nairobi from Kitale with 10 people on board went off-radar on Tuesday evening, shortly after take-off at around 4 p.m. The Kenya Civil Aviation Authority (KCAA) issued a statement confirming this incident at around 9 p.m., which occasioned the onset of search and rescue efforts by the Air Accident Investigation Division (AAID), KCAA, Kenya Wildlife Service (KWS) and other relevant agencies. It has been confirmed that the wreckage has been located in the Aberdares Forest. This Airline is called SAX. People who come from Trans-Nzoia and its environs have used it regularly.

My concern is about our preparedness as a nation and the institutions responsible for emergency response in tackling such kinds of emergencies. It took KCAA about six hours to confirm that the plane had gone missing and search efforts are still ongoing. It took more than three days for aerial location of the missing aircraft.

I, therefore, take this opportunity on my own behalf and that of the great people of Kiminini Constituency and Trans-Nzoia County at large, to send a message of condolences to the families and friends. It is my prayer that the Almighty God gives the families strength and comfort at this difficult time. The pilot by the name Barbara Wangechi has flown me several times. We go to the same church. Her mother is an active member of the church. It is very scary. We do not know where we are headed to as a country at this particular time. I know the country is mourning. The families are crying but we want to pray for them. As the book of Revelations says, the Lord will wipe their tears. It is only the Lord who will wipe their tears. It is my humble request…

You are making a request for a Statement.

Hon. Deputy Speaker, I am mourning. Allow me.

You will have an opportunity to contribute when that Statement is tabled in the House. For now, I do not want you to convert it into a sermon. You can even reserve that for this Sunday. When the Statement is tabled, you can raise all those issues.

I want to give an opportunity to two other Members to contribute and so, that is why I want you to save time for them. Have you finished?

I am about to finish.

Proceed. I know it is a difficult time for you.

Hon. Deputy Speaker, I want to thank God that I exist today. I had booked my return flight on the same flight. I decided not to travel to Kitale but, instead, in the spirit of handshake, I went to Meru for the Madaraka Day Celebrations. After Meru, I went to Embu for the burial of the mother of our beloved Speaker, Hon. Muturi. From there, I went to the Mt. Kenya area to visit my in-laws.

Let me give this opportunity to the Member for Saboti. Maybe, he will confirm the rumours that are going round.

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Thank you, Hon. Deputy Speaker. I do not know if it is the right time to send messages of condolence because we are not sure whether they are alive or dead. Is it an official record?

Hon. Amisi, just a brief comment will suffice. You will have an opportunity when the matter is brought again, that is, when the Statement is given. So, please wind up.

The point is we need to work on our rescue mission as a country. It is sad. Some of us used that plane on almost a weekly basis. We could as well have been victims.

Thank you, Hon. Deputy Speaker.

Very well. The Member for Marakwet East. Members, you should be suggesting issues you think the Statement should contain. Let us not do so much about the condolences. Let us be specific.

Thank you, Hon. Deputy Speaker. I want to commend Hon. Wamalwa because he has brought a very important issue about the preparedness of the country whenever there is a disaster. We have now lost about 10 Kenyans. I also want to remind Hon. Wamalwa that the same Bible he is quoting, in the Book of Ecclesiastes, it says that there is time and place for everything under the heavens. So, your time was not yet, Hon. Chris Wamalwa.

There is need for this country to see how we can have in place a serious management unit in the country so that in case there is such disaster, there is a serious team with all the necessary machinery and equipment. It has taken so long. Even if there were survivors, it would be impossible to rescue them. For them to have taken about 48 hours to locate the aircraft, that was too long.

I also want to send my condolences to the families and relatives. Thank you.

Hon. Members, I think we can save time. I can see there is a lot of interest in this matter. Maybe, I can give a chance to two last ones. Let us start with Hon. Onyonka and then, for gender purposes, we will see what to do. I will pick somebody.

Thank you so much, Hon. Temporary Deputy Speaker, for giving me this opportunity to also mention a few things about this flight. Last weekend on Sunday, I happened to travel to Kitale with Hon. Moses Kuria. That is the flight we were supposed to use on return. All the flights were full. I know many Members of this House may not know that Kitale Airstrip is one of the busiest airstrips in the Republic of Kenya. Indeed, like Hon. Chris Wamalwa has said, the problem with what happened in this accident worries many of us. Many of our colleagues, in the last two weeks, have been travelling because of public hearings which

A we have been having about the Budget. Some of us travel because we go for holidays. Others were travelling back to Nairobi to take their children to school.

As many of the colleagues have stated, it is true that disaster management systems in this country leave a lot to be desired. Very fortunately, Members of this House, particularly the Committees which are involved, have the capacity of putting resources together so that we are able to have disaster preparedness in case there is an emergency. Unfortunately, in Kenya, what happens is that once an incident like this happens, everything ends after about one week. I really plead with this House to make sure we allocate money. Since we are in the budget-making process, let us be in a position to allocate resources. That is so that in case there is a problem, we can solve it immediately.

With those very many remarks, thank you Hon. Temporary Deputy Speaker. We wish the families comfort in this very sad occasion.

One word from Hon. Shamalla and then that will be it.

Hon. Deputy Speaker, I want to express my sincere condolences to all the persons that have perished in a tragic crash that took place two days ago.

In as much as we point fingers to the disaster management of this country, we must ask ourselves some pertinent questions. We see a lot of airlines being registered in this country. We welcome that move because it opens up the country for not only Kenyans, but also tourists. But, two pertinent questions must be asked on why it took so long to locate the aeroplane that crashed. One, did the airline have an emergency locater transmitter? It appears not. Second, did it have satellite tracing? It appears not. So, in investigating the causes of this plane crash, these two issues will have to be interrogated. If, indeed, they did not have those two crucial elements within this aircraft, we shall have to ask ourselves why that is the case.

Once again, I express my sincere condolences to the families of the victims.

Okay. Next Order! I can see many Members want to speak on this. I see the Member for Pokot South and also the Member for Endebess. Let us save it for the time when the Statement will be read. Let us proceed. I decided to give a chance to a few Members.

In the meantime, let me recognise, in the Public Gallery, pupils and students from Kairi Rumwe Girls Secondary School, Gatundu North of Kiambu County; students from Jomo Kenyatta Boys High School from Bahati, Nakuru County; students from William Ng’iru Gitau Secondary School, Githunguri in Kiambu and students from Sukari Presbyterian Academy, Ruiru, Kiambu. Well, let me also recognise pupils from Moi Educational Centre, Nairobi. They are here to, of course, learn from the works of the National Assembly. They should feel very much welcome. In fact, I am told that a kid of yours truly is also in that school. Maybe, they should pass the regards.

Okay, next Order.

Committee on the Budget Estimates for the National Government, the Judiciary

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on Tuesday, 5th June, 2018, and pursuant to the provisions of Article 221(3) of the Constitution of Kenya, Section 39 of the Public Finance Management Act, 2012, and Standing Orders 235 and 239, approves the issuance of a sum of Kshs1,742,291,667,908 from the Consolidated Fund to meet the expenditure during the year ending 30th June 2019 in respect of the Votes and programmes as contained in the Schedule.

A State Department

for Correctional Services

26,065,711,187 1,812,600,000 27,878,311,187 26,265,711,187 1,812,600,000 28,078,311,187 0602000 Planning, Policy Coordination and Support Services

240,338,058 440,338,058 Betting Control, Licensing and Regulation Services

116,660,845 Correctional Services

25,250,839,234 1,749,400,000 27,000,239,234 25,250,839,234 1,749,400,000 27,000,239,234 General Administration, Planning

and Support Services

457,873,050 63,200,000 521,073,050 457,873,050 63,200,000 521,073,050 State Department

for Immigration

and Citizen Services

1,884,968,823 2,690,300,000 4,575,268,823 1,884,968,823 2,690,300,000 4,575,268,823 0605000 Population Management Services

1,884,968,823 2,690,300,000 4,575,268,823 1,884,968,823 2,690,300,000 4,575,268,823 State Department

for Devolution

2,883,499,310 9,637,920,000 12,521,419,310 2,883,499,310 9,137,920,000 12,021,419,310 0712000 Devolution Services

835,689,251 1,027,970,000 1,863,659,251 835,689,251 1,027,970,000 1,863,659,251 General Administration, Planning

and Support Services

342,035,707 1,173,000,000 1,515,035,707 342,035,707 1,173,000,000 1,515,035,707 Special Initiatives

50,388,068

A 1013000 Integrated Regional Development

1,655,386,284 7,436,950,000 9,092,336,284 1,655,386,284 6,936,950,000 8,592,336,284 State Department

for Development of the ASAL

1,034,530,922 5,358,000,000 6,392,530,922 1,034,530,922 5,358,000,000 6,392,530,922 Accelerated ASAL Development

1,034,530,922 5,358,000,000 6,392,530,922 1,034,530,922 5,358,000,000 6,392,530,922 1041 Ministry of Defence

96,079,397,700 10,974,349,680 107,053,747,380 96,079,397,700 14,974,349,680 111,053,747,380 0801000 Defence

94,378,000,000 10,974,349,680 105,352,349,680 94,378,000,000 14,974,349,680 109,352,349,680 0802000 Civil Aid

200,000,000 General Administration, Planning

and Support Services

1,301,397,700 National Space Management

200,000,000 1052 Ministry of Foreign Affairs

15,170,174,901 1,937,740,000 17,107,914,901 15,170,174,901 1,937,740,000 17,107,914,901 General Administration Planning

and Support Services

1,419,957,544 93,000,000 1,512,957,544 1,419,957,544 93,000,000 1,512,957,544 Foreign Relation

and Diplomacy

13,537,881,040 1,644,740,000 15,182,621,040 13,537,881,040 1,644,740,000 15,182,621,040 0741000 Economic and Commercial Diplomacy

81,941,701

A Foreign Policy Research, Capacity Development

and Technical Cooperation

130,394,616 200,000,000 330,394,616 130,394,616 200,000,000 330,394,616 State Department

for Vocational

and Technical Training

2,587,094,377 7,728,000,000 10,315,094,377 2,672,156,413 7,728,000,000 10,400,156,413 0505000 Technical Vocational Education

and Training

2,351,842,753 5,728,000,000 8,079,842,753 2,446,199,631 5,728,000,000 8,174,199,631 Youth Training

and Development

53,235,939 2,000,000,000 2,053,235,939 51,738,816 2,000,000,000 2,051,738,816 General Administration, Planning

and Support Services

182,015,685 174,217,966 State Department

for Early Learning & Basic Education

88,504,860,854 11,178,830,978 99,683,691,832 88,511,455,306 10,418,830,978 98,930,286,284 Primary Education

16,633,329,299 4,300,363,125 20,933,692,424 16,619,546,847 4,100,363,125 20,719,909,972 0502000 Secondary Education

63,336,391,097 6,478,917,853 69,815,308,950 63,323,266,650 5,918,917,853 69,242,184,503 Quality Assurance

and Standards

3,964,313,900 257,000,000 4,221,313,900 3,962,842,007 257,000,000 4,219,842,007 General Administration, Planning

and Support Services

4,570,826,558 142,550,000 4,713,376,558 4,605,799,802 142,550,000 4,748,349,802

A State Department

for Research

& University Education

87,301,678,500 13,038,000,000 100,339,678,500 87,950,793,769 12,938,000,000 100,888,793,769 0504000 University Education

84,734,187,584 12,740,500,000 97,474,687,584 85,406,547,019 12,740,500,000 98,147,047,019 0506000 Research, Science, Technology

and Innovation

2,297,944,858 297,500,000 2,595,444,858 2,291,209,767 197,500,000 2,488,709,767 General Administration, Planning

and Support Services

269,546,058 253,036,983 State Department for Post Training and Skills Development

887,818,000 1,039,480,000 1,927,298,000 885,693,000 1,039,480,000 1,925,173,000 0502000 Secondary Education

92,000,000 General Administration, Planning

and Support Services

47,580,000 45,455,000 0907000 Manpower Development, Employment

and Productivity Management

748,238,000 1,039,480,000 1,787,718,000 748,238,000 1,039,480,000 1,787,718,000 1071 The National Treasury

74,295,400,000 37,377,476,758 111,672,876,758 68,755,400,000 38,577,476,758 107,332,876,758 General Administration Planning

and Support Services

68,530,860,023 3,445,936,355 71,976,796,378 62,690,860,023 3,445,936,355 66,136,796,378

A Public Financial Management

4,317,329,124 33,010,758,552 37,328,087,676 4,617,329,124 34,210,758,552 38,828,087,676 0719000 Economic and Financial Policy Formulation

and Management

1,032,635,480 865,781,851 1,898,417,331 1,032,635,480 865,781,851 1,898,417,331 Market Competition

339,000,000 55,000,000 394,000,000 339,000,000 55,000,000 394,000,000 Government Clearing Services

75,575,373 State Department

for Planning

9,363,400,002 34,061,020,000 43,424,420,002 11,163,400,002 38,361,020,000 49,524,420,002 0706000 Economic Policy and National Planning

1,297,897,835 32,515,546,400 33,813,444,235 1,297,897,835 36,815,546,400 38,113,444,235 National Statistical Information Services

7,540,568,288 1,434,500,000 8,975,068,288 9,340,568,288 1,434,500,000 10,775,068,288 Monitoring

and Evaluation Services

123,617,272 110,973,600 234,590,872 123,617,272 110,973,600 234,590,872 General Administration Planning

and Support Services

401,316,607 1081 Ministry of Health

49,100,820,808 40,906,449,648 90,007,270,456 49,100,820,808 40,906,449,648 90,007,270,456 Preventive, Promotive

& RMNCAH

1,686,224,200 8,270,164,143 9,956,388,343 1,686,224,200 8,270,164,143 9,956,388,343 National Referral

& Specialised Services

22,694,658,104 17,510,301,335 40,204,959,439 22,694,658,104 17,510,301,335 40,204,959,439

A Health Research

and Development

6,470,337,792 426,400,000 6,896,737,792 6,470,337,792 746,400,000 7,216,737,792 General Administration, Planning & Support Services

6,890,519,328 2,220,000,000 9,110,519,328 6,890,519,328 1,900,000,000 8,790,519,328 Health Policy, Standards and Regulations

11,359,081,384 12,479,584,170 23,838,665,554 11,359,081,384 12,479,584,170 23,838,665,554 State Department

of Infrastructure

58,364,000,000 112,985,380,000 171,349,380,000 58,364,000,000 121,685,380,000 180,049,380,000 Road Transport

58,364,000,000 112,985,380,000 171,349,380,000 58,364,000,000 121,685,380,000 180,049,380,000 State Department

of Transport

10,324,195,400 90,424,591,835 100,748,787,235 10,324,195,400 90,424,591,835 100,748,787,235 General Administration, Planning

and Support Services

306,655,953 1,108,000,000 1,414,655,953 306,655,953 1,108,000,000 1,414,655,953 Rail Transport

74,755,591,835 Marine Transport

815,168,490 12,226,000,000 13,041,168,490 815,168,490 12,226,000,000 13,041,168,490 Air Transport

7,245,422,571 2,035,000,000 9,280,422,571 7,245,422,571 2,035,000,000 9,280,422,571 Road Safety

1,956,948,386 300,000,000 2,256,948,386 1,956,948,386 300,000,000 2,256,948,386 State Department

for Maritime Affairs

1,668,659,873 Shipping and Maritime Affairs

1,668,659,873

A State Department

for Housing, Urban Development

and Public Works

3,122,021,961 29,101,373,965 32,223,395,926 3,122,021,961 29,101,373,965 32,223,395,926 Housing Development

and Human Settlement

478,575,197 7,571,000,000 8,049,575,197 478,575,197 7,571,000,000 8,049,575,197 Government Buildings

468,121,832 1,564,200,000 2,032,321,832 468,121,832 1,564,200,000 2,032,321,832 0104000 Coastline Infrastructure

and Pedestrian Access

104,604,734 339,200,000 443,804,734 104,604,734 339,200,000 443,804,734 0105000 Urban and Metropolitan Development

196,588,840 19,435,373,965 19,631,962,805 196,588,840 19,435,373,965 19,631,962,805 General Administration Planning

and Support Services

611,550,789 55,600,000 667,150,789 611,550,789 55,600,000 667,150,789 0218000 Regulation and Development of the Construction Industry

1,262,580,569 136,000,000 1,398,580,569 1,262,580,569 136,000,000 1,398,580,569 1107 Ministry of Water Services and Sanitation

4,048,224,948 37,207,390,000 41,255,614,948 4,048,224,948 38,097,390,000 42,145,614,948 General Administration, Planning

and Support Services

374,907,966 Water Resources Management

1,221,118,271 5,986,000,000 7,207,118,271 1,221,118,271 5,786,000,000 7,007,118,271 1017000 Water and Sewerage Infrustracture Development

2,452,198,711 31,221,390,000 33,673,588,711 2,452,198,711 32,311,390,000 34,763,588,711

A 1108 Ministry of Environment

and Forestry

9,964,390,329 6,169,000,000 16,133,390,329 9,964,390,329 6,169,000,000 16,133,390,329 Environment Management

and Protection

1,483,570,436 1,374,700,000 2,858,270,436 1,483,570,436 1,624,700,000 3,108,270,436 General Administration, Planning

and Support Services

321,819,569 Meteorological Services

1,074,121,134 1,082,300,000 2,156,421,134 1,074,121,134 1,082,300,000 2,156,421,134 Forests and Water Towers Conservation

7,084,879,190 3,712,000,000 10,796,879,190 7,084,879,190 3,462,000,000 10,546,879,190 1112 Ministry of Lands and Physical Planning

2,690,474,000 3,330,000,000 6,020,474,000 2,690,474,000 3,345,214,997 6,035,688,997 Land Policy and Planning

2,690,474,000 3,330,000,000 6,020,474,000 2,690,474,000 3,345,214,997 6,035,688,997 1121 Ministry of Information Communications and Technology

4,854,383,839 27,046,614,114 31,900,997,953 4,854,383,839 27,646,614,114 32,500,997,953 General Administration Planning

and Support Services

443,371,980 Information And Communication Services

2,579,613,956 438,000,000 3,017,613,956 2,679,613,956 438,000,000 3,117,613,956 Mass Media Skills Development

207,450,000 250,000,000 457,450,000 207,450,000 250,000,000 457,450,000 ICT Infrastructure Development

279,100,085 23,798,000,000 24,077,100,085 379,100,085 24,398,000,000 24,777,100,085 E- Government Services

1,344,847,818 2,560,614,114 3,905,461,932 1,144,847,818 2,560,614,114 3,705,461,932

A State Department

for Sports Development

1,502,040,337 525,000,000 2,027,040,337 1,502,040,337 675,000,000 2,177,040,337 0901000 Sports

1,502,040,337 525,000,000 2,027,040,337 1,502,040,337 675,000,000 2,177,040,337 State Department

for Heritage

3,057,463,521 841,600,000 3,899,063,521 3,057,463,521 881,600,000 3,939,063,521 Culture/ Heritage

1,408,391,017 466,600,000 1,874,991,017 1,408,391,017 506,600,000 1,914,991,017 0903000 The Arts

774,902,980 75,000,000 849,902,980 774,902,980 75,000,000 849,902,980 Library Services

687,938,467 300,000,000 987,938,467 687,938,467 300,000,000 987,938,467 General Administration, Planning

and Support Services

186,231,057 State Department

for Energy

2,188,000,000 59,886,827,489 62,074,827,489 2,188,000,000 65,886,827,489 68,074,827,489 General Administration Planning

and Support Services

343,561,150 128,885,000 472,446,150 343,561,150 128,885,000 472,446,150 Power Generation

906,031,734 12,265,769,777 13,171,801,511 906,031,734 12,265,769,777 13,171,801,511 Power Transmission

and Distribution

788,944,920 46,284,172,712 47,073,117,632 788,944,920 52,284,172,712 53,073,117,632 0214000 Alternative Energy Technologies

149,462,196 1,208,000,000 1,357,462,196 149,462,196 1,208,000,000 1,357,462,196 State Department

for Livestock.

1,961,791,619 4,296,740,920 6,258,532,539 1,976,791,619 4,281,740,920 6,258,532,539 0112000 Livestock Resources Management

and Development

1,961,791,619 4,296,740,920 6,258,532,539 1,976,791,619 4,281,740,920 6,258,532,539

A State Department

for Crop Development

5,038,331,056 20,215,429,236 25,253,760,292 5,038,331,056 20,215,429,236 25,253,760,292 General Administration Planning

and Support Services

2,501,568,169 194,000,000 2,695,568,169 2,501,568,169 194,000,000 2,695,568,169 Crop Development

and Management

2,378,878,344 18,562,095,006 20,940,973,350 2,378,878,344 18,562,095,006 20,940,973,350 Agribusiness

and Information Management

157,884,543 1,459,334,230 1,617,218,773 157,884,543 1,459,334,230 1,617,218,773 State Department

for Fisheries Aquaculture & the Blue Economy

607,161,651 2,184,000,000 2,791,161,651 607,161,651 2,184,000,000 2,791,161,651 Fisheries Development

and Management

302,276,282 1,174,000,000 1,476,276,282 302,276,282 1,174,000,000 1,476,276,282 General Administration, Planning

and Support Services

163,006,252 Development

and Coordination of the Blue Economy

141,879,117 1,010,000,000 1,151,879,117 141,879,117 1,010,000,000 1,151,879,117 State Department

for Irrigation

918,128,745 17,058,000,000 17,976,128,745 918,128,745 17,058,000,000 17,976,128,745 1014000 Irrigation and Land Reclamation

766,176,225 6,664,000,000 7,430,176,225 766,176,225 6,664,000,000 7,430,176,225 Water Storage and Flood Control

45,000,000 10,394,000,000 10,439,000,000 45,000,000 10,394,000,000 10,439,000,000

A General Administration, Planning

and Support Services

106,952,520 State Department

for Agricultural Research

5,085,872,824 475,899,330 5,561,772,154 5,085,872,824 475,899,330 5,561,772,154 Agricultural Research

& Development

5,085,872,824 475,899,330 5,561,772,154 5,085,872,824 475,899,330 5,561,772,154 State Department

for Cooperatives

500,599,580 870,000,000 1,370,599,580 530,599,580 840,000,000 1,370,599,580 Cooperative Development

and Management

500,599,580 870,000,000 1,370,599,580 530,599,580 840,000,000 1,370,599,580 State Department

for Industry

2,618,101,543 7,738,000,000 10,356,101,543 2,618,101,543 4,298,000,000 6,916,101,543 General Administration Planning

and Support Services

445,487,863 180,000,000 625,487,863 445,487,863 180,000,000 625,487,863 0302000 Industrial Development

and Investments

1,069,179,280 5,094,000,000 6,163,179,280 1,069,179,280 2,954,000,000 4,023,179,280 0303000 Standards and Business Incubation

1,103,434,400 2,464,000,000 3,567,434,400 1,103,434,400 1,164,000,000 2,267,434,400 State Department

for Small and Medium Enterprises

1,712,381,914 1,012,000,000 2,724,381,914 1,712,381,914 312,000,000 2,024,381,914 0302000 Industrial Development

and Investments

5,233,055

A 0303000 Standards and Business Incubation

110,244,400 700,000,000 810,244,400 110,244,400 Trade Development

and Promotion

1,596,904,459 312,000,000 1,908,904,459 1,596,904,459 312,000,000 1,908,904,459 State Department

for Labour

1,778,921,574 509,920,000 2,288,841,574 1,788,921,574 509,920,000 2,298,841,574 General Administration Planning

and Support Services

667,037,072 677,037,072 0906000 Promotion of the Best Labour Practice

684,397,387 150,900,000 835,297,387 684,397,387 150,900,000 835,297,387 0907000 Manpower Development, Employment

and Productivity Management

427,487,115 359,020,000 786,507,115 427,487,115 359,020,000 786,507,115 State Department

for Social Protection

18,711,704,440 12,291,090,000 31,002,794,440 18,811,704,440 12,491,090,000 31,302,794,440 Social Development

and Children Services

3,271,665,992 1,002,190,000 4,273,855,992 3,271,665,992 1,202,190,000 4,473,855,992 National Social Safety Net

15,142,401,487 11,288,900,000 26,431,301,487 15,242,401,487 11,288,900,000 26,531,301,487 General Administration, Planning

and Support Services

297,636,961 State Department

for Mining

1,103,684,125 509,000,000 1,612,684,125 1,103,684,125 509,000,000 1,612,684,125

A General Administration Planning

and Support Services

706,022,974 25,000,000 731,022,974 706,022,974 25,000,000 731,022,974 1008000 Resources Surveys

and Remote Sensing

132,467,430 184,000,000 316,467,430 132,467,430 184,000,000 316,467,430 Mineral Resources Management

265,193,721 300,000,000 565,193,721 265,193,721 300,000,000 565,193,721 State Department

for Petroleum

271,500,000 3,258,500,000 3,530,000,000 271,500,000 4,758,500,000 5,030,000,000 Exploration

and Distribution of Oil and Gas

271,500,000 3,258,500,000 3,530,000,000 271,500,000 4,758,500,000 5,030,000,000 1204 Ministry of Tourism

and Wildlife

9,204,210,198 3,745,516,000 12,949,726,198 8,778,210,198 4,171,516,000 12,949,726,198 Tourism Development

and Promotion

142,140,000 -283,860,000 426,000,000 142,140,000 Trade Development

and Promotion

2,667,987,235 2,620,000,000 5,287,987,235 2,667,987,235 2,620,000,000 5,287,987,235 Wildlife Conservation

and Management

6,394,082,963 1,125,516,000 7,519,598,963 6,394,082,963 1,125,516,000 7,519,598,963 State Department

for Public Service and Youth

13,442,533,200 12,318,334,400 25,760,867,600 13,442,533,200 4,068,334,400 17,510,867,600 Public Service Transformation

1,850,923,776 1,398,404,400 3,249,328,176 1,850,923,776 1,398,404,400 3,249,328,176

A General Administration Planning

and Support Services

4,149,188,773 Youth Empowerment

7,442,420,651 10,919,930,000 18,362,350,651 7,442,420,651 2,669,930,000 10,112,350,651 State Department

for Gender

1,557,079,282 2,968,000,000 4,525,079,282 1,557,079,282 3,113,000,000 4,670,079,282 Community Development

2,230,000,000 2,375,000,000 Gender Empowerment

1,293,744,564 738,000,000 2,031,744,564 1,293,744,564 738,000,000 2,031,744,564 General Administration, Planning

and Support Services

263,334,718 1221 Ministry of East African Community

& Northern Corridor Development

1,026,757,114 65,000,000 1,091,757,114 1,026,757,114 65,000,000 1,091,757,114 East African Affairs and Regional Integration

1,026,757,114 65,000,000 1,091,757,114 1,026,757,114 65,000,000 1,091,757,114 1251 Office of the Attorney General and Department of Justice

4,028,129,000 1,614,000,000 5,642,129,000 4,040,129,000 1,114,000,000 5,154,129,000 Legal Services

1,812,377,536 Governance, Legal Training

and Constitutional Affairs

1,570,903,629 1,548,000,000 3,118,903,629 1,582,903,629 1,048,000,000 2,630,903,629 General Administration, Planning

and Support Services

644,847,835 66,000,000 710,847,835 644,847,835 66,000,000 710,847,835

A 1261 The Judiciary

13,255,000,000 4,049,000,000 17,304,000,000 13,255,000,000 1,549,000,000 14,804,000,000 Dispensation

of Justice

13,255,000,000 4,049,000,000 17,304,000,000 13,255,000,000 1,549,000,000 14,804,000,000 Ethics

and Anti-Corruption Commission

2,751,540,000 100,000,000 2,851,540,000 2,801,540,000 125,000,000 2,926,540,000 0611000 Ethics and Anti-Corruption

2,751,540,000 100,000,000 2,851,540,000 2,801,540,000 125,000,000 2,926,540,000 National Intelligence Service

30,711,000,000 31,211,000,000 National Security Intelligence

30,711,000,000 31,211,000,000 1291 Office of the Director of Public Prosecutions

2,312,276,000 100,000,000 2,412,276,000 2,812,276,000 100,000,000 2,912,276,000 Public Prosecution Services

2,312,276,000 100,000,000 2,412,276,000 2,812,276,000 100,000,000 2,912,276,000 1311 Office of the Registrar

of Political Parties

822,232,095 Registration, Regulation

and Funding of Political Parties

822,232,095 Witness Protection Agency

437,686,280 483,086,280 Witness Protection

437,686,280 483,086,280 Kenya National Commission

on Human Rights

391,843,114 395,443,114

A 0616000 Protection and Promotion of Human Rights

391,843,114 395,443,114 2021 National Land Commission

1,275,666,510 1,260,451,513 Land Administration and Management

1,275,666,510 1,260,451,513 Independent Electoral

and Boundaries Commission

4,190,624,477 43,000,000 4,233,624,477 4,190,624,477 43,000,000 4,233,624,477 Management

of Electoral Processes

3,780,167,627 43,000,000 3,823,167,627 3,780,167,627 43,000,000 3,823,167,627 Delimitation

of Electoral Boundaries

410,456,850 2041 Parliamentary Service Commission

15,900,000,000 3,200,000,000 19,100,000,000 12,464,000,000 3,200,000,000 15,664,000,000 Affairs

8,900,000,000 6,414,000,000 General Administration, Planning

and Support Services

7,000,000,000 3,200,000,000 10,200,000,000 6,050,000,000 3,200,000,000 9,250,000,000 National Assembly

23,400,000,000 21,915,000,000 National Legislation, Representation and Oversight

23,400,000,000 21,915,000,000 Judicial Service Commission

464,000,000 364,000,000

A General Administration, Planning

and Support Services

464,000,000 364,000,000 The Commission

on Revenue Allocation

422,556,341 434,556,341 Inter- Governmental Revenue

and Financial Matters

422,556,341 434,556,341 2071 Public Service Commission

1,160,220,000 59,290,000 1,219,510,000 1,160,220,000 59,290,000 1,219,510,000 General Administration, Planning

and Support Services

806,395,296 59,290,000 865,685,296 806,395,296 59,290,000 865,685,296 Human Resource management

and Development

202,088,409 Governance

and National Values

151,736,295 2081 Salaries and Remuneration Commission

542,170,000 564,170,000 Salaries and Remuneration Management

542,170,000 564,170,000 Teachers Service Commission

226,629,400,000 136,000,000 226,765,400,000 226,750,753,422 136,000,000 226,886,753,422

A Teacher Resource Management

219,716,477,896 219,710,977,896 Governance

and Standards

38,400,000 30,650,000 General Administration, Planning

and Support Services

6,874,522,104 136,000,000 7,010,522,104 7,009,125,526 136,000,000 7,145,125,526 National Police Service Commission

530,556,818 630,556,818 National Police Service Human Resource Management

530,556,818 630,556,818 Auditor General

4,936,687,300 232,230,000 5,168,917,300 5,486,687,300 682,230,000 6,168,917,300 Audit Services

4,936,687,300 232,230,000 5,168,917,300 5,486,687,300 682,230,000 6,168,917,300 2121 Controller of Budget

618,470,000 Control and Management of Public finances

618,470,000 The Commission

on Administrative Justice

484,389,200 499,389,200 0731000 Promotion of Administrative Justice

484,389,200 499,389,200 National Gender

and Equality Commission

374,965,388

A 0621000 Promotion of Gender Equality and Freedom from Discrimination

374,965,388 Independent Policing Oversight Authority

817,002,200 Policing Oversight Services

817,002,200 Total in Kshs.

1,075,968,241,376 660,954,426,353 1,736,922,667,729 1,069,491,026,558 672,800,641,350 1,742,291,667,908

Are we supposed to get something from the Chairman of the BAC? You have the microphone. Proceed. What is it Hon. Chairman? I know the Hon. Chairman of the BAC wants to, again, exercise his power by going to the Dispatch Box.

I have given you the microphone where you are. By the way, this is something that we should comment on. Hon. Chairs especially, sometimes come without cards and they are supposed to contribute as a matter of right by virtue of the fact that there are issues which they are supposed to handle. When you are coming, you should always prepare to be with your cards.

Hon. Chair, proceed.

Thank you, Hon. Deputy Speaker, I had not noticed that you had given me the microphone from here. Otherwise, I did justice yesterday in terms of the Dispatch Box.

Hon. Deputy Speaker, I beg to move: THAT, the Motion be amended by inserting the following words immediately after the word “Schedule”, “subject to any amendments in the Committee of Supply”. This is meant to accommodate any of the issues that may come up within the contributions of Members in the Second Reading Stage. I would like to ask the Member for Ntonyiri to Second.

Hon. Deputy Speaker, I second.

A

Hon. Member, we will proceed from where we left yesterday. I am informed that the Chair, Departmental Committee on Defence and Foreign Relations Committee who was supposed to have taken the Floor yesterday was absent with permission. Can you please proceed, and then we will open the plenary.

Thank you, Hon. Deputy Speaker. First of all, I want to thank you for indulging me yesterday. I was supposed to present this proposal, but I was away with permission as you have said. Therefore, I rise to support the Motion as amended this afternoon, by the Chair of Budget and Appropriations Committee. The Departmental Committee on Foreign Relations Committee oversees four Government Ministries and agencies, one, the Ministry of Defence, the Ministry of Foreign Affairs and International Trade, the Ministry of East African Community (EAC) and Northern Corridor Development and the National Intelligence Service (NIS) .

So, Hon. Deputy Speaker, I want to make my contribution to this Motion in a form of three clusters because two of the Ministries that we oversee are under the National Security sector, that is the Ministry of Defence and NIS. The Ministry of Foreign Affairs is clustered under the Administration sector and the Ministry of EAC is under the general economic and commercial affairs sector.

In security, threats remain alive with the Somalia-based Al Shabaab threatening to attack as the holy month of Ramadhan continues. On the diplomatic front, Kenya is on the offensive with the recent opening of a mission is Havana, Cuba, and more lined up in the 2018/2019 Financial Year. In the medium term expenditure framework sector classification, as I have said, Defence and NIS are classified under the National Security sector, while the foreign affairs and international trade is classified under the public administration and international relations. The Ministry of EAC and Northern Corridor Development is classified under the general economic, commercial affairs sector. These sectors are key in the delivery of goals and objectives of the three pillars of Vision 2030 and the Sustainable Development Goals (SDGs) as well as the Big Four Agenda.

Following the tabling of these Estimates, the Committee on Defence and Foreign Relations held a briefing with the Parliamentary Budget Office and subsequently held consultative meetings with the Ministries which it exercises oversight. The committee meetings took place from Monday 14th to Thursday 17th May 2018. I am happy to note that the National Security sector has been funded to a tune of Kshs111 billion to the Ministry of Defence, Kshs31.2 billion for the NIS against a resource requirement of Kshs121 billion and Kshs43 billion, respectively. The allocation for the sector will be utilized to provide a secure environment that is safe and conflict-free to promote public confidence and also to integrate the various sectors of the economy. A secure environment attracts investments to a country as no investor would want to invest in a troubled and conflict-infested society.

Additionally, the resources will go towards security intelligence and counter intelligence, modernisation and expansion of surveillance system and operational support infrastructure. It is noted that the investment that has been put in the two Government agencies - that is Defence and National Intelligence Service in the security sector - has yielded some positive fruits that are seen in the reduction of terrorist attacks over the last two or three years. National Security is a prerequisite in providing enabling environment for implementation of the flagship project for Vision 2030, such as Lamu Port-South-Sudan-Ethiopia Transport (LAPSSET) Corridor, ensuring exploitation of natural resources such as oil for development, protecting the population and other

A assets against an ever growing threat of terrorism. Improved security will also contribute to better environment of doing business and bring in more tourists.

This sector is, therefore, critical to the survival and development of a country. Therefore, it is important to say that these are enablers for the realization of national goals including the Big Four Agenda, Vision 2030 as well as regional goals on Africa Agenda 2063 and the United Nations Sustainable Development Goals.

Under the Foreign Relations, the Ministry of Foreign Affairs proposed allocations which amounted to Kshs17.1 billion against a resource requirement of Kshs36 billion. This gap is huge and may affect the operation of our foreign missions abroad. But in view of the limited resources against the many wants of the country, my Committee is optimistic that the Ministry will be considered for additional resources in the Supplementary Budget to enable them undertake some critical activities which have not been factored in this Budget. These activities include, the construction of a new Ministry headquarters at an estimated cost of Kshs4 billion; opening of fully-fledged diplomatic missions in Accra, Dakar, Mozambique and Djibouti and consulate and liaison offices in Guangzhou, Mumbai, Hargeisa, Lagos and Kismayu, among others. Some of these are already in the Ministry’s Budget, but without the requisite allocations from the National Treasury for operationalisation, the amount allocated so far is not adequate to take care of this operation.

Hon. Ouda, two Members cannot stand at the same time, but what is it Member for Kisumu Central? What is out of order?

Hon. Deputy Speaker, consultations are allowed but, please, protect the Member on the Floor. The Leader of the Majority Party and his team are making a lot of noise. We want to hear what is going on. Consultations are allowed but protect the Member.

Hon. Ouda, I know you know one thing for sure, especially noting the background that you come from. In the august House, no Member makes noise. They only consult loudly once in a while. But again, the Member who is contributing has not asked for protection. If you are to ask for protection, you should be asking for protection for yourself.

Hon. Deputy Speaker, I have been asking for protection.

What is it, Leader of the Majority Party?

A

Hon. Deputy Speaker, Hon. Ouda, the Member for Kisumu Central is still living in the county assembly. Number one, you have corrected him that we do not say someone is making noise. Secondly, I want to inform him that there is the HANSARD in the National Assembly. You do not need to follow what the Member is saying. At the end of the day, you can get the HANSARD and follow what has been said. And I am happy, today is the first day I am seeing him in the House. I do not know where he has been. I do not know whether he has made his maiden speech. In fact, that point of order was the maiden speech.

I think I should protect Hon. Ouda. I know he has contributed a few times, honestly. In any case, even if he had not, he would already have made one on a point of order. Proceed, Chair.

Thank you, Hon. Deputy Speaker. Indeed, consultations are so high.

I cannot see Members who are consulting here. Maybe, there are a few to my right.

I hope my time has been well taken care of.

We have. You still have about three minutes.

I was saying with regard to the Ministry of Foreign Affairs that, since the resources are limited, the Ministry will focus on expanding Kenya’s diplomatic representation and footprint across the globe and strengthening Kenya’s leadership role in shaping a global agenda at the bilateral and multilateral levels. To aid in the achievement of the Big Four Agenda, the Ministry will focus on its engagement with countries and regions which have comparative advantage to drive Kenya’s agenda in the Big Four and lobby to translate the current enabling business environment to become attractive for long-term and sustained investment.

As this House may be aware, regional integration is key to our development in this region and the wider African continent. Economic partnership, therefore, plays a critical role in so far as Vision 2030, Sustainable Development Goals as well as Agenda Africa 2063 are concerned. Kenya is a leading player in championing for regional integration. This is where the Ministry of East African Community and Northern Corridor Development comes in within the region and globally. It is noted that Kenya was among the first two African countries to ratify the African Continental Free Trade Area and the COMESA-EAC-SADC Tripartite Free Trade Area (TFTA) . Kenya and Ghana were the first two countries to ratify those agreements.

The Ministry of East African Community and Northern Corridor Development plays a critical role in this arrangement, being in charge of coordination of regional integration activities. But with a proposed budgetary allocation of Kshs1.09 billion against a resource requirement of Kshs1.9 billion, the resources during the medium-term period for Financial Year 2018/2019- 2020/2021 will be geared towards improving the implementation of East African Customs Union, among others. But my Committee observed that the Ministry was not allocated adequate resources to enable it operationalise its activities in line with additional mandate of Northern Corridor Development, LAPSSET and South Sudan Liaison Office. Some of the critical areas not funded amount to Kshs406 million. However, the committee noted that there was only one pending bill, and that was with the Ministry of Defence, of Kshs858 million, which dates back to 1990, that is 28 years old. This pending bill has been a subject of a court dispute which eventually was awarded by the High Court, totaling to Kshs1.4 billion. That is inclusive of

A accrued interest. But through negotiations, the Ministry agreed to pay Kshs8050 million but it was not factored in the Budget.

Hon. Deputy Speaker, I wish to thank your office, that of the Clerk, members of my committee, my secretariat and members of BAC for having considered our recommendations in this Report. I beg to support.

Now we have finished with the chairs of the departmental committees and so, it is open to the rest of the membership. We will start with the Member for Teso North, Hon. Oku Kaunya.

Thank you very much, Hon. Deputy Speaker. In contributing to this Motion, I would wish to, first of all, thank the Chairman and the Committee for the work they did. I would like to point out that in terms of the provisions that have been given, there are key areas that have been addressed though not adequately. In terms of national security which we know is a major driver of the Big Four Agenda, we talk of police welfare - particularly housing - which we hope the Budget will provide for 20,000 housing units. I would propose that since affordable housing is one of the major Big Four Agenda, the Budget Committee should consider that a large section of what we are providing as affordable housing should go to the police to house the officers so that they are able to deliver on our expectations.

Secondly, on the issue of police reforms, in terms of the Budget, one recommendation that, perhaps, needs to be taken into account is the question of reforms which has taken over 20 years. As we try to achieve what we want and where the public will be satisfied with the services that are provided by our security agencies, one of the things that need to be taken into account in terms of the Budget is the disaggregation aspect. The Budget, particularly utilisation, ends up usually at the divisional level in terms of police hierarchy. It would be an important step if we want to achieve results on the ground to make sure that the Budget reaches the police station and the AP post level where services are given. Apart from that, we want to tell the Committee that already, for the chiefs, some money has been provided, which facilitates the work at the chief’s level.

Hon. Deputy Speaker, if we manage to have these amounts given disaggregated to the police stations level and the Administration Police posts level then, the officers will be facilitated to get fuel for their vehicles and stationery. This will make them operational and efficient.

Another aspect which I would like to point out is on national co-ordination of administration at the local level. This is key if we want to achieve the Big Four Agenda. Therefore, the provision that has been given for construction of sub-county offices is welcome. I want to thank the Budget and Appropriations Committee for providing for that.

Lastly, as I wind up, there is the Kshs8 billion that was slashed from the National Youth Service budget. I want to commend this Committee because institutions must be accountable and before investigations are completed, this is a good step. I am very happy because the Committee has allocated that money towards filling the skills gap by training our youngsters to acquire essential skills.

Thank you, Hon. Speaker, I support this Motion.

Very well. Let us have Hon. Rasso, Member for Saku.

Thank you, Hon. Deputy Speaker. I rise to support the Report by the Budget and Appropriations Committee which is before this House. At the outset, this House is involved in the budget-making process and this should not be an annual ritual. As this House passes the Budget, it must truly reflect the wishes of the people we represent on the ground. They must see the effects of its passing by this House.

A

I am very disappointed because Badassa Dam, which is in the Constituency that I represent, has been under construction since 2008. It has disappeared from the 2018/2019 budget allocations. I need justification for this action. We have said water for every household by the year 2030. As a middle income country, at least, the basic necessity for life is water. Suddenly, that dam has disappeared off the radar. This is a serious disappointment to me.

I want to thank the Chair of the Budget and Appropriations Committee. For those of us who were in the last Parliament, we know that the previous Budget and Appropriations Committee did not consult other Members. They just brought a budget on the Floor of this House and it was forced down our throats. However, the current Committee has done due diligence. The restriction caused by the resource envelope was a limitation on their side. However, they tried as much as possible to consult.

The Budget is reassuring because they have managed to look at water, roads and social amenities in the areas of health and education. I hope subsequent Budgets in future will look at areas which touch the people. In the area of health, one thing which came to light is the universal healthcare. It is also in the Big Four Agenda, which the President considers as his legacy project. Also, where we come from, a major concern today is health. Due to lack of facilities in most of the outlying areas, people are forced to go to big hospitals in the major cities. This in itself is bringing a lot of economic hardships to the poor and they cannot access healthcare. The Budget and Appropriations Committee should look into this from a bottom-up approach.

I am a member of the Departmental Committee on Defence and Foreign Relations. Looking at the budget in the Ministry of Foreign Affairs and International Trade, one of its major dockets is trade. If we are going to give them only Kshs.81 million to hold trade symposiums or facilitation, I think this is inadequate and unacceptable.

With those few remarks, I beg to support. Five minutes is a very short time.

Hon. Atandi Onunga, Member for Alego Usonga.

Thank you, Hon. Deputy Speaker for giving me an opportunity to contribute to this Motion. For the first time, I have seen the National Assembly is a budget- making body because of the way this Committee has executed its mandate. They have captured the Budget in a way that makes a lot of sense. As we are aware, the purpose of the Budget is basically to implement the Government’s development agenda. Therefore, we should ensure that it complies with fiscal discipline because, as a country, we only budget for what we can fund. From the estimates, a fundamental question I want to ask this House is this: How is this Budget going to be financed?

From the estimates and projections, we can see that domestic revenues will probably fund 62 per cent of this Budget. This means about 38 per cent of this Budget will be funded through domestic and foreign borrowings. To me, this is a very critical area because, in short, there is a mismatch between the projected revenues and expenditures. Domestic debts are basically short- term Treasury Bills. They constitute the largest source of local borrowings. In terms of foreign borrowing, we are going to rely on concessional loans or probably the Euro Bonds.

As you are aware, Kenyans are concerned about the ballooning level of our public debt. As we talk right now, every Kenyan born today accrues a total of Kshs100,000 on his or her head. I know that the Finance Bill will come to this House shortly. I am a Member of the Departmental Committee on Finance and National Planning, but I am not certain that the proposal contained in that Bill is going to help us sort this deficit. I am concerned because this House must be very careful and critical when it looks at the way this Budget is going to be funded.

A

Another issue of concern to me is the fact that, in this financial year, we are going to use around Kshs800 billion in funding our debts. Some of the debts that are going to be funded are the sovereign syndicated bonds that were procured in 2014. If you add all these accumulations, you will realise that, as a country, we are going to spend more than 50 per cent of our GDP on funding debts. This is contrary to the Public Finance Management (PFM) Act. Even though the Budget has captured this matter very well, the issue that this House must concern itself with is how this Budget is going to be funded. I am not very certain that this is going to be realised as expected.

The other observation that I have done in this Budget is that a substantial amount of resources is going to be spent on Recurrent Expenditure, as opposed to Development Expenditure. You know that for this country to realise economic development, more resources need to have been allocated towards Development Expenditure as opposed to Recurrent Expenditure. The other issue is that following the experiences of past budgets, development programmes are never sufficiently implemented because of the inefficiencies and incapacities of the implementing agencies. At the end of the day, you find projects lagging behind. I would like the Budget and Appropriations Committee to look into this matter and ensure that…

Let us have Hon. Nyoro Ndindi, the Member for Kiharu.

Thank you very much, Hon. Deputy Speaker, for giving me this opportunity to contribute to this very important debate before us. That is because this House has the sole mandate of budgeting for the country’s expenditure. It is actually the only institution mandated to perform that role. In any country, directed economic growth is very important. I am very happy that the Jubilee Government, led by our President, has seen its path in terms of where we are, as a country. In this Budget of Kshs3 trillion, we have specific areas we are targeting. The Big Four Agenda covers affordable healthcare and manufacturing, which is very important in terms of creating employment for young Kenyans; food security, which comes in handy in supporting farmers who are on the supply side of our food chain; and affordable housing so that we can give it to the people of this country.

However, I have to say that there is a fallacy we peddle every time we make the Budget – the fallacy of marginalisation – which looks like it is true. There is the fallacy that the closer you are to Nairobi, the more developed you are. We tend to regard areas that are furthest from Nairobi worse off, however rich they are than Murang’a and neighbouring counties like Mwea and Kajiado. We are considered to be well off. In Kiharu, where I come from, there are areas which are poorer than the poorest parts of, for example, Turkana County. This is a fallacy we are going to deal with in future, so that we can look at the voters of this country and the taxpayers as people and not more as kilometres.

I am also basing my argument on the NG-CDF allocation. Kiharu Constituency has over 120,000 registered voters. However, we are given the same amount of money as so many other constituencies with much smaller populations. This kind of skewed allocation of resources will be dealt with in future, so that large constituencies can be considered to benefit from the Equalisation Fund.

Many economists always advocate for a lean government because it gives birth to a big country. Where we have as few entities as possible controlled by the Government, we have fewer areas where public money can be siphoned. Therefore, it is my opinion that we continue to consolidate some Government entities so that we can have fewer institutions. This will reduce the Recurrent Expenditure and ensure that more resources go into development.

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I am very pleased by the additional funds that I have seen in the Report. A sum of Kshs3.8 billion is going to NG-CDF. I am very pleased by the Kshs1 billion going to the Last Mile Connectivity Project and Kshs8.7 billion going towards rehabilitation of infrastructure damaged by the heavy rains being experienced across the county. I am happy because the county I come from is one of the biggest victims of the heavy rains we are receiving. I am sure that the Kshs8.7 billion…

Your time is over. I can confirm to you beyond doubt that they were five minutes. It is your word against the Speaker’s word. Of course, you lose. Let me now give a chance to Hon. Gladys Wanga Nyasuna. As I give her that opportunity, let me recognise, in the Speaker’s Gallery, students from Upper Hill School, Nairobi County.

Proceed, Hon. Gladys.

Thank you, Hon. Deputy Speaker, for giving me this opportunity to contribute to the debate on the Report on the Budget.

I would like to congratulate the Budget and Appropriations Committee for taking their role very seriously in terms of engaging with Parliament as far as budget-making is concerned. Previously, the Budget Estimates would come from the Executive, and Parliament would make very minimal changes to the document. We have since seen a lot of reallocations done by the Budget and Appropriations Committee, domiciling the budget-making power in Parliament. We now realise that the power to make the national Budget is truly in Parliament. I thank the Committee.

Having said that, I would like to go directly to the Motion. Youth unemployment in this country remains a major problem. When massive resources were directed towards the NYS and other youth empowerment programmes, there was excitement all over. We were eager to see how we could transform the youth of this country through a five-point plan, but the whole programme has turned into a disaster. Therefore, the decision to reduce money from the NYS is prudent. When the Departmental Committee on Labour and Social Welfare, in which I sit, reduced money from the NYS Vote, the intention was not to make the youth of this country lose that money. The intention was to reduce the money from the NYS, but not to punish the youth. It was meant to redirect that money towards other youth programmes.

I would like to fault the Budget and Appropriations Committee for taking the money away from NYS and redirecting it to other projects, like infrastructure development, in total disregard to recommendations by the Departmental Committee on Labour and Social Welfare. Redirecting funds from the NYS to infrastructure is not right. We have to invest in the development of our people. Taking the money away from NYS is good, but directing it to programmes not related to youth empowerment is not fair. What the Departmental Committee on Labour and Social Welfare had recommended was for that money to be channelled to the youth through the Youth Enterprise Development Fund and the Women Enterprise Development Fund, as well as through the National Government Affirmative Action Fund. However, what happened ultimately was that the money was taken away, but has not really been seen.

Hon. Deputy Speaker, the reason why Committees are engaged in budget-making process is to allow them to interact directly with the State departments. Recommendations that committees make should be taken as seriously as possible. Ninety per cent of the recommendations that the Departmental Committee on Labour and Social Welfare made to the Budget and Appropriations Committee were all taken out. The Committee went ahead and made the Report in the way they only knew how. I want to register that.

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I would like to say that it is a good thing that the national safety net programme has an additional Kshs100million to operationalise 290 social assistance committees. The Departmental

Committee on Labour and Social Welfare had recommended to allocate Kshs290million, which

You are completely out of order, Hon. Gladys. I will give the opportunity to Hon. Lesuuda, Member for Samburu West. Members should also be informed that there is a watch on both sides of the wall. So, you can check and confirm your time, so that you do not enjoy your contribution until you forget that the time is over.

Proceed Hon. (Ms.) Lesuuda.

Hon. Deputy Speaker, thank you for giving me an opportunity to contribute to this very important Motion. Having sat through this budget-making process, I must commend the Budget and Appropriations Committee and also the Parliamentary Budget Office for their input and the work that they have put in for us to ensure that these Estimates are tabled on time.

One of the issues that I really wanted to speak about is public participation, which we adequately participated in. We went to 12 counties across the country. It was very important for us to take in the views of the members of the public as we make the Budget as Parliament. It is important that we take their views. One of the things that we realised is that public participation always happens towards the end of the budget-making process. Therefore, most of the things that we capture are not the aspirations of the people. That is why, as the Budget and Appropriations Committee, we sat and thought that it is very important that we go out and speak to the people in the counties before we finalise the Budget Policy Statement, so that we take in the views and needs of the people.

During the period, it was clear that there are some counties which put into use the resources that they receive, especially on health matters. We visited Coast General Hospital in Mombasa County and you cannot even tell that it is a public institution. It is very important for us, as a country, and also as we do our oversight role, to look at how we use the monies once they are appropriated. We should ensure that public institutions, counties or even those that are directly under us through NG-CDF and National Government Affirmative Action Fund use the resources that are allocated to them in a prudent manner.

Secondly, it is important for us to realise as a country, and especially as politicians who sit in this House, that with the handshake and political temperatures having gone down, it is foreseen that our economy will rise and by the time we come back for the Supplementary

A Budget, we will have raised more taxes. So, it is important that we also go slowly at least for the next two years in politics and succession politics. We should reduce it and continue as we are doing right now, so that we can continue to grow as a country and raise more resources, so that we can fund our Budget adequately.

There is one other issue that we realised. There are projects which we always allocate money for, but we do not complete them. Once we start the budget-making process, we start new projects instead of finalising our stalled projects and dealing with our pending bills. One of the cases is in my constituency. There was money which was allocated for a university last year. Samburu County has no university. So, Laikipia Campus Maralal University was allocated Ksh83million for a start. However, it was taken away during the Supplementary Budget. So, it is also important that during the Supplementary Budget, we do not take away money for development. We have also captured it in this Report. Money for development should not be cut. We should cut the one meant for recurrent expenditure.

Thank you, Hon. Deputy Speaker.

Hon. Wanjira Wangari. Is she from this other side? I am sorry to the Hon. Members who are on my left side.

Thank you, Hon. Deputy Speaker. I also rise to support this Report of the Budget and Appropriations Committee. I know that they put in a lot of hours to come up with it. It was also a recess meant for working in our specific committees. Some of our inputs were considered and some were not. Generally, I want to support public participation. I agree with the Members and the Committee that it should be done in between - but not just once - so that it can have meaningful contribution and whatever is said at the public participation can be included.

I also want to note that with the handshake, it is expected that revenue collection will get better. I want to delve into a few issues. One, I want to note the reduction of the National Youth Service budget allocation. As a Member of the constituency which hosts NYS, I want to confirm that in the constituent colleges of NYS in my constituency, there are about 16,000 young women and men who are being fed through credit. We only hear about the issue of the Kshs9billion in Nairobi. We must not only reduce the budget or the allocation to NYS, but also separate and decentralise it. Let every constituent college come up with its requirements and be given an authority to incur expenditure. We do not have to buy meat in Gilgil and be paid in Nairobi. I have young people in my constituency who grow cabbages and supply to NYS, but they have not been paid for the last two or three years. People from Mbegi supplied tomatoes, but they have not been paid for the last two years. Then you get people who supply air and are paid in Nairobi. We have shylocks who want to auction the property of genuine suppliers. Let us decentralise the expenditure of NYS from Nairobi. Let every constituent college get its own budget and authority to incur expenditure.

I want to commend the Budget and Appropriations Committee on the issue of infrastructure and road repairs. The rains which are pounding this country were only seen in the 1960s. There is destruction of infrastructure, whether it is the sewer systems or roads. Every constituency and Member of this House can attest that the destruction of roads is massive. I hope that the sharing of this money to develop infrastructure and repair our roads will be done accordingly and fairly, so that each constituency gets its share of the infrastructure development.

I also want to touch on the issue of health. I note that you have given about Kshs40 billion to the referral hospitals. Hon. Deputy Speaker, I know that this House does not speak in futility and in vain. I remember Hon. Jicho Pevu had moved a Motion on getting more referral

A hospitals. Referral hospital will take a lot of pressure from our small hospitals. I hope counties are taking cue as they develop their CIDPs, to improve village dispensaries and sub-county hospitals so that we take off pressure from Kenyatta National Hospital and Moi Teaching and Referral Hospital in Eldoret. We do not have to go for treatment for malaria and pneumonia to Kenyatta National Hospital and we also do not need to go for anti-retroviral medication and family planning services at Kenyatta National Hospital and Moi Teaching and Referral Hospitals.

On a point of order, Hon. Deputy Speaker.

What is your point of order, Hon. Member for Kisumu Central?

Hon. Deputy Speaker, who is the Member going by the name Jicho Pevu? I have never heard of such a Member in this House. Hon. Deputy Speaker, I kindly seek your indulgence.

I thought you have been in this House for the last eight months.

Who is the Member? We all have names. Can the Member tell us the Member she is referring to as Jicho Pevu?

Obviously, there is no Member by that name, but Hon. Member for Kisumu Central, you are known for making it to high places using different antics. I believe this is one of them.

Thank you Hon. Deputy Speaker for protecting me from Hon. Ouda.

The other issue I have noted in the Budget Estimates is the increased allocation for the last mile electricity connectivity. Most people have been applying for electricity connections to households. I know the Jubilee Government is very keen to ensure that villages are lit and institutions have electricity. That is very commendable.

Another issue is on the budget of the Ministry of Lands and Physical Planning. I hope the money that has been allocated will be used appropriately to ensure that almost every constituency gets a land registration office. Even if Gilgil is a new constituency, we have people travelling from Kong’asis, and you know how far that is, to go to Naivasha when they have issues to do with land. It is about time every constituency got a lands registry office so that these services can be taken closer to the people including civil registration services as I have said in this House before. One should be able to get a birth certificate at the constituency level.

With those many remarks, I support. Thank you.

Hon. Oduol Adhiambo.

Thank you, Hon. Deputy Speaker. I would like to support and commend the Budget and Appropriations Committee. I would also like to acknowledge that as we talk about social protection systems and social interventions, which are intended to cushion the vulnerable in society, it would be good we have a plan that is holistic that does not stop at a pilot stage.

The universal healthcare programme is going to be piloted in 12 counties one of which is Kisumu and it would be useful for us to be aware and learn from existing programmes such as

A the orphans and vulnerable children programme, the elderly persons and persons living with disabilities which up to date are at the pilot stage. It is useful in terms of our plans and how we make budgetary projection to be much more focused so that it is done holistically.

Counties are going to receive an additional Kshs46 billion than they did in the previous financial year. It is useful to look at the delays in releasing cash to the counties. Most of the counties, as a result of these delays, have been forced to not only rely heavily on revenue collection, but in other cases they have lacked funds for important tasks which include salaries and healthcare. My county, Siaya, is a case in point where some staff have not received their salaries even for February.

We also note in the Report of the Committee that during public participation there was specific mention of the need to have extension services. As we look at the Big Four Agenda, particularly food security, it is important for us to recognise that we need to ensure we have necessary veterinary and agricultural production extension services so that we have them in semi-arid areas, which currently do not seem to be able to produce sufficient food and veterinary related productions.

I conclude by thanking the Committee and emphasise that we need to reduce the debt level from 57 per cent to 50 per cent and also bring down the external debt. We also need to be much more alert with the high level of corruption and ensure we have clearly defined accountability mechanisms that would allow Committees and the National Assembly, at large, to do the necessary monitoring and evaluation. I thank the Committee.

In the interest of the handshake, there are two 001 nominees. I have noted that we assume that we only have one 001 nominee. I have the honour, as I thank my party Orange Democratic Movement (ODM) to also be referred to as Nominee 001. I commend the handshake because it has made this clear.

Thank you.

Let us have the Member for Seme. I want to demonstrate something, Hon. Member for Seme, that even if you came here early, the Speaker still has the leeway to make a decision one way or the other. You were ahead in the list, but I decided to give the chance first to Hon. Oduol.

I do not believe in that reason.

If you do not believe it, I might deny you the opportunity so that you can believe it.

That would amount to abuse of office. Thank you, Hon. Deputy Speaker for giving me this opportunity. I thank the Budget and Appropriations Committee and its Chairman. They have done a good job. I will only confine myself to the process because it is important. I have always said in this House that when we do the Division of Revenue Bill as we had done earlier… Now we are dealing with the national Government account and yet we do not know the needs of the county governments. So, we tend to go with the 15 per cent and the Commission on Revenue Allocation’s recommendations.

There is need to have that information about county needs on top of what is provided for legally. The sector hearings that was done found out that there are many areas of need in county governments. For example, they found that there are many hospitals in Nairobi that do not operate. They found that equipment in a hospital in Pokot is not being used because they have no electricity. They also found that there are many dilapidated roads and proceeded to provide funds for them. These are county governments’ functions. We have just done division of revenue but we are taking over these functions and providing money for them. It indicates that it was

A important that we should have known that beforehand and taken into consideration the matter when we were doing the Division of Revenue Bill. They have also recommended that they amend the Public Finance Management Act so that sector hearings come early so that they are factored in the Budget Policy Statement.

Again, that is indicating that we need, at the time we are discussing the Budget Policy Statement, to have some guidelines on the needs of counties. That is important. If they decide to make that amendment, it should not be done for sector hearings. They look at the bigger picture and see how that gets into the BPS.

The other thing I would like to talk about is the budget process and our big problem of corruption. I applaud the recommendation of the Budget and Appropriations Committee that MDAs or institutions involved in corruption should half their budgets. They have done that for NYS. There is something I would like to say. I have been in the Budget and Appropriations Committee. Corruption has creeped into the budget process. I say this because I have noticed that every time we have these mega scandals, it follows very large provisions in those institutions. I do not think it is a coincidence. As an institution that is mandated with budget-making, we should start being very careful when we see very large provisions going into certain MDAs. After that, we should monitor those institutions. Like now, we have put a lot of money in the areas of the Big Four Agenda. We must therefore be very careful and monitor those areas. Where there is meat, flies will get there. If we do not do that, the Big Four Agenda will turn out to be four pillars of corruption.

With that, I thank you for giving me the opportunity.

Hon. Member for Tigania West.

Thank you, Hon. Deputy Speaker, for the opportunity to contribute to this important Motion. I commend the work of the Budget and Appropriations Committee not because I am a Member of the Committee but because the Committee worked tirelessly to come up with the best budget so far in this country.

We did a lot of consultations at the departmental committee level and with the National Treasury to try and find out why we have delays especially in the release of the Exchequer and that causes delay in project implementation. We also consulted National Treasury on the budget ceilings.

Order! I have heard you and I will act accordingly. Proceed.

Hon. Deputy Speaker, there was no single reduction or allocation that we did without negotiation. They were all negotiated and the chairs of the various committees gave us the reasons they thought were necessary to reallocate. Even where we made proposals as a committee, it was very well discussed with the departmental committee chairs and agreed upon. The Committee also looked at the focus of the Budget, the entire allocation in view of Kenya and the way Kenyans will look at it. We looked at the local level needs and the priorities of the people especially when we did public participation.

There are few key highlights from this Report by the Chairman. One of the things is the imbalance between the recurrent expenditure and the development expenditure. It is possible that right now, Kenya maybe putting a lot more money in recurrent expenditure than development expenditure. I want to assure this House that this is reducing and it is also very much dependent

A on the sector. Some sectors are putting a lot more money in development expenditure than in recurrent expenditure.

The other issue that is important to note is the huge reallocations that we did in respect of money that could be better used in other areas other than being misused. We even got money from the National Treasury. Around Kshs4.87 billion is reallocated which is something that has never happened in this country. We negotiated with the National Treasury on this particular issue. Therefore, the Budget and Appropriations Committee brought a good report.

The other issue that we also looked at is the focus on the priorities of the people and the Big Four Agenda which has also been supported in this Budget.

The other issues that are important are the variety of the Government initiatives that have been going on and the need to verify the need to have facilities on lease. We realise that in some counties, they have been very effectively utilised. I want to mention Kirinyaga County where I did public participation and found a hospital that is improving from Level 5 to something better. The hospital there is like a referral hospital. It is clean, effectively working and the equipment is working very well. It is highly comparable to the Mombasa case. We even have a Renal Unit that is performing very well. The people’s proposals were brought from not only the 12 counties that we visited but also from other neighbouring counties. We considered all these proposals and agreed that in future we shall have the proposals carry the day in terms of what is supposed to be funded. I find the Budget fairly balanced. I support this Motion in that respect.

Also of importance is the fact that if you look at different sectors, they did internal reallocation. They considered what needs to be moved from one vote to the other. We agreed based on the priorities that they gave us and the reasons why they thought it was necessary to do reallocation.

With those few remarks, I support.

Thank you, Hon. Deputy Speaker. As I stand in support of this Report, I wish to congratulate the Budget and Appropriations Committee. I thank them. I am also pleased to note that it was at my county, Kirinyaga, which was among the few selected counties where the Committee held public participation forums in line with Article 118 of the Constitution. I affirm that most of the issues they submitted are real issues affecting the common mwananchi, at the grassroots level.

From the submissions made by Kirinyaga residents, I affirm that there is statistical need to improve the current state of the roads in the country. I would recommend that the money allocated towards rehabilitation of various roads in various constituencies be adopted out of the urgent need of the residents but moving forward we wish to see more money being allocated towards upgrading various roads to bitumen standard. Kirinyaga residents equally welcomed the move to improve the basic infrastructure in public schools in the counties. The allocation of money has been welcomed in Kirinyaga County.

On the side of agriculture, I wish to note that among the big drivers of economy, any recommendation made in the House should not in any way affect the project related to this sector. In fact, I wish I would not find any substantive reason to guarantee reduction of money allocated towards the construction of dams and agro-processing industries like tomatoes, French beans among other processing plants that have been allocated money like fish in Migori and honey processing plants in West Pokot.

Now that we are working in line with the Big Four Agenda, I commend the fact that the Government has moved forward to establish and allocate money to the industrial parks. In reference to the policy recommendations in this report on fertiliser, we wish that there would be

A subsidies for fertilisers in the coffee sector. We also appreciate the fact that there was money that was put for the coffee growing counties.

Last but not least, being among the 47 elected women representatives, we appreciate Kshs145 million that was allocated to us. You realise that the money allocated to most of these women is used to touch the lives of Kenyans. Having so little money to spend will not make any noticeable impact. We wish that next time the Budget and Appropriations Committee takes note and our colleagues realise that we are part of them. We are their sisters if not colleagues or their mothers. They at least had a substantial amount that can be noticed and that can help us to be felt on the ground.

With those few remarks, I thank you Hon. Deputy Speaker for this chance.

Next is Hon. Wilson Sossion.

Thank you Hon. Deputy Speaker for giving me this opportunity to contribute to the Motion on the Budget prepared by the Budget and Appropriation Committee.

I will talk on the Teachers Service Commission (TSC) and education. I laud this country as being one of the few countries in the world that has devoted its Budget to education within the international minimum set standards of six per cent of GDP and 20 per cent of the overall national Budget. In the last financial year, Kenya devoted about 5.9 per cent. This is quite commendable but we, as a nation, have emphasised a lot of focus on education within the Sustainable Development Goals (SDGs) Agenda Framework No. 4 of delivering equitable, quality education for all. Our Constitution and the rest of the legal framework are very explicit on the provision of quality education. Education remains a fundamental right for every child. On this Budget, for the TSC, the allocation stands at Kshs226 billion. If it remains as it is, it means the TSC shall not be able to recruit additional teachers in July 2018.

Statistics from the TSC projects that, in the next four years, the teacher requirement in this nation shall be 150,000. The estimated and the proposed annual recruitment to bridge the gap is 22,000 at the rate of Kshs10 billion annually. Therefore, what this means is that the Budget and Appropriations Committee ought to work further, despite having done an excellent job, to try and make available further funding to the TSC to ensure that more teachers are made available.

The delivery of quality education in any classroom and learning institution can only be done through adequate teachers. I would wish to mention a specific provision in the SDGs Agenda No. 4 on how to ensure that the seven targets and the overall goal are achieved. There are three things that countries must invest in – school infrastructure, scholarships and teachers. The Stockholm Declaration and the framework for action is very specific in its wording; that, nations and countries must train, recruit and support enough teachers to deliver teaching. In this nation, we are aware of the shortage of teachers in all classrooms across the country. That shortage definitely puts this nation on a crossroads in terms of delivery of quality education.

I propose that there is room for the Budget and Appropriations Committee to work further to offload. At the end of the day, the absence of teachers results in direct cost to the households. The unending and undeserved ever-rising cost of education which is reflected in fees and boarding schools directly arises from inadequate teachers. We believe that with the good work that the Budget and Appropriations Committee has done, including the process of public consultation they have engaged in – this is one such forum – it is possible that this House can affirmatively make Kshs10 billion available to guarantee recruitment of more teachers.

There are reasonable sources of financing. In this nation, there are all indicators that tax evasion is very high. It rises into billions of shillings. The United Nations puts tax evasion at

A Kshs37 billion, with corruption. If those two vices are dealt with, this nation can even provide education...

I do not know why the Member for Eldama Ravine is pointing this direction menacingly. You have already stood. Are you on a point of order? Let me give chance to another Member first. What is your point of order, Hon. Lessonet?

Thank you, Hon. Deputy Speaker. I want to put a question to the Member who has just finished speaking.

You want to put a question?

I am on a point of order because I have heard him lament about a shortage of 140,000 teachers. While in this law-making House – a House that makes policy – I expected to hear him, especially being an expert in teacher management, tell us what the solution to the shortage of 140,000 teachers is. It cannot just be as simple as allocating money. Resources are always in short supply. They cannot be available to do 140,000. I wanted him to even tell us about interns. Why is the Kenya National Union of Teachers (KNUT) against recruitment of interns? We can take in 40,000 interns at a lower cost for three years.

Hon. Lessonet, you have probably passed the point you had. Obviously, what you have just stated is not a point of order by any standard. If you really wanted Hon. Sossion to reply to that, unfortunately he has no more time to reply; you will wait for another opportunity to be given to him so that he can comment on it. So, you have made your point.

We shall proceed.

What is it again? Why are Members standing up and down? I know the cards are not working. Hon. Pukose, yours is working. I am not giving you the opportunity. I can confirm that you are about number three. You are not top on the request list. You will have to wait patiently as other Members contribute. Let me give chance to the one on top of the list. It is Hon. Murungi Kathuri, the Member for South Imenti. He is not in the House. We will go to Hon. Hilary Kosgei, Kipkelion West.

Thank you, Hon. Deputy Speaker. I rise to support the Budget Report and recommendations and laud the Budget and Appropriations Committee for cutting money from wasteful spending departments like the NYS. They should have reallocated those funds to the needs of the teachers that Hon. Sossion is talking about.

Even as the Government insists on a 100 per cent pupil transition from primary school to secondary school, it has put more effort on infrastructural development and left the issue of teachers behind. In this country, especially in the constituencies we come from, we have day secondary schools with a total number of over 300 students still having two teachers from the TSC. They are expected to compete with students from well-established institutions in this Republic. Therefore, I support that we still have a leeway in this Budget to channel more resources towards employing more teachers.

I want to commend the recommendations of the Budget and Appropriations Committee, especially on the subsidised fertilisers. For a long time, coffee farmers have been left behind in

A this country. The recommendations by the Budget and Appropriations Committee that Kshs1 billion be ring-fenced from the fertiliser subsidy to coffee farmers is a welcome move to support farmers who come from coffee growing regions, like my constituency of Kipkelion West.

Tourism is still a sector in dire need of recovery.

Thank you, Hon. Temporary Deputy Speaker. I want to state that this is the first Budget that was prepared after the 2017 General Election. At the outset, I want to thank the Budget and Appropriations Committee Members, the Budget Office of the National Assembly and above all the National Treasury, for making sure that they deliver to this House a Budget Estimate within the timelines given by the Constitution and the Public Finance Management Act, 2012.

I am very grateful for the new procedure that we have introduced in this House with regard to the consideration of the Budget Estimates. This has given an opportunity to the Budget Estimates to be dealt with in a more participatory manner where the Budget Committee went round 11 counties, listened to the views of Kenyans and through the various departmental committees, the people’s representatives had an opportunity to deal with Budget as provided for in the Constitution. This new process that is provided for in Chapter 12 of the Constitution of Kenya 2010 and the Public Finance Management Act Section 38 and 39, has given the National Assembly the exclusive rights to consider and scrutinise the Budget on behalf of the people of Kenya. These are powers given to this House.

I listened to Members yesterday, I really wanted the Chair of Budget and Appropriations Committee to consider the issues raised by Hon. Wafula Wamunyinyi and Hon. Chris Wamalwa regarding specific roads in their counties and the requests made by the women representatives regarding the special funds for women. The 47 women Members of Parliament are our sisters and colleagues, we get 2.5 per cent of the national revenue as NG-CDF. I am sure when we get to the Committee of the whole House or Committee of Supply on Tuesday the Budget and

A Appropriations Committee Chair will be magnanimous. We cannot be the House that makes the Budget and at the same time, be a House that denies our colleagues the little resources that they want. I really want the Chair to listen to the various requests in the speech made by the county women representatives in as far as their fund is concerned.

Lastly, there was a concern raised by Hon. Jimmy Angwenyi regarding the reallocation of funds related to ongoing projects in the Estimates. We must finish projects. The Cabinet Secretary for National Treasury cannot have the leeway to leave projects pending in every county and constituency, which all end up becoming white elephants. For a Budget to be credible, it must be technically sound. It must also be faithful to the legal provisions both in the Constitution, the Public Finance Management Act and the Standing Orders. Above all, the Budget must be consultative and must have politically anchored mechanisms to decide on and fund the priorities that the people of Kenya need. The Budget process in Kenya has been reformed over a period of time. I am a very proud Member of Parliament because different countries are now benchmarking on our system since the promulgation of the Constitution of Kenya 2010 because it is the people who own through their representatives the budget-making process.

I am happy to note that the estimates of expenditure and revenue for the 2018/2019 have adhered to various elements of the Budget as contained in the various statutes. These elements relate to the timelines and the comprehensiveness that a budget deserves.

On the financing proposals, the Estimates of Revenue tabled in the House gave anticipated deficit for the coming financial year and both the medium term and the proposed source of financing as well as the loans and the guarantees made by the national Government. All these have been provided by the Cabinet Secretary to this Committee. This includes the estimate of the principal interest and other charges to be paid by the national Government. In this financial year, the resolution of the House that we passed, when we passed the Budget Policy Statement (BPS) was that the limit of that deficit should not be more than six per cent for the 2018/2019 and I am sure the National Treasury has confirmed to the Committee and to the House that they will reduce that deficit to a lesser figure.

The growth of our economy has been resilient and broad-based but the GDP growth in 2017 slowed down to 4.9 per cent from the 5.9 per cent of 2016. This was occasioned by a number of factors which includes drought, weak credit growth that we found ourselves in, in the financial sector, the pickups in the oil prices globally and the prolonged electioneering period of

report of their departments in terms of the implementation and monitoring of those monies. We

Hon. Temporary Deputy Speaker, I saw our colleagues over the holiday between the two Speakers. There is nothing unusual between the two Houses. For example, the budget-making process is an exclusive power given to the National Assembly in Chapter 12 of the Constitution and sections 38 and 39 of the Public Finance Management Act. The same Constitution is very clear in black and white that any money Bill must originate from the National Assembly. Hon. Mbadi and I will make sure we defend the Constitution. It is not about the Speaker. In fact, as we move forward, every time a message is read by the Speaker from the Senate, we will scrutinise that Bill and if we feel from the BAC report that it is a money-related Bill then that Bill ought not to have originated from the Senate. The 12th Parliament must live to the fidelity of the Constitution. In the 11th Parliament we were testing the systems, but this time we know our roles and they are defined well in the Constitution.

It is the same Members in the 10th Parliament, some of whom are today senators and governors, who sat in the constitution-making committee: Hon. Kiraitu Murungi, Hon. Anyang’- Nyong’o, Hon. Wetangula, Hon. Orengo, name them. They sat in the committee and decided to give themselves the type of Senate that Kenya needs. There is a world of difference between the Senate of the US and the one of Kenya. In other jurisdictions, the Senate is a referral chamber; it is a vetting chamber. But for us, our Senate is only to protect and defend the county governments.

So this House must seize the moment. You have powers in the budget-making process, given to you by the Constitution, the Standing Orders and the Public Finance Management Act. Let us make sure that this Budget is followed to where it will go after we appropriate to every village and we make a report to the House every three months, that the amount of money which was supposed to go to a road in Taveta, that road is 50 per cent complete. We should not just sit back here. Members of committees must go to the rural areas. The idea of going to Mombasa over the weekend should be a thing of the past. Committees must go to Suba, Garissa, Mombasa, Gem and see the money that we have appropriated. That is the only way we can…and they can go to Kitale. We must reduce the traffic going to Mombasa and divert it to the villages, counties and constituencies of the Republic of Kenya.

A

I beg to support and thank Hon. Kimani Ichung’wah. I told him: “Now you have graduated.” In the next Parliament, he is qualified to be either the Leader of the Majority Party or the Leader of the Minority Party.

Members, the subsequent speakers

Hon. Temporary Deputy Speaker, I want to thank you for this opportunity. Allow me to thank the budget committee. This is a Budget that is really inclusive. I also want to take this opportunity to say that I am happy that the budget committee visited my county. You are aware that I represent persons with disabilities. You are also aware that I am the immediate woman representative of Migori County. I was very happy to see the budget committee in my county at least looking at the issues that we looked at in the last Parliament like the issue of education. And I am happy that my people came out to give their views. The people of Migori basically sat down and presented their views. And they talked. The Committee looked at the issue of upgrading Migori TTC into a university. That is a good observation and I must thank the chair and the various stakeholders that visited my county.

I want to pick from what the Leader of the Majority Party has just mentioned. The issue of budget-making should not stop with us. It should be a regular issue so that if the budget committee goes to Kilifi, they need to go into rural areas of Olenguruone. They need to go to Kuria. They need to go everywhere, especially to areas that bring issues of equalisation. We have constituencies in our counties that are basically not as up-to-date as the way counties are ranked and subsequently given their share of the Equalisation Fund. So I am happy that now we are looking at issues that are very pertinent to our people.

As a representative of persons that live with disabilities, I wish to say that I will also be very keen even as we upgrade these institutions, like the TTC in my county that is going to be upgraded into Migori University, to look at how these structures that are put in place are accessible to my constituency. We have persons living with disabilities who belong to various constituencies. Therefore, even as we upgrade the structures, like the TTCs and colleges, we want to ensure that we also promote inclusive education for persons that live with disabilities in those counties and constituencies. So it is very important that even as we upgrade and allocate money to these institutions, we also need to know that persons that live with disabilities in those constituencies and counties access education. Our various education institutions have to be extremely accessible to our people so that they are not transported from Migori, for instance, all the way to Thika to look for education simply because they have a wheelchair or they use assistive devices. So I am very happy.

Allow me to touch on the issue of NYS. The budget for NYS has been reduced simply because of some gluttonous Kenyans who have made it impossible for our young people to access the services. The young people are suffering through this reduction of NYS budget simply

A because of some rich, well-to-do people who masquerade as young people. They have eaten into NYS budget. That is why we are reducing the budget of NYS.

Hon. Temporary Deputy Speaker, I am not happy and I am sure our young people are unhappy as well because their budget has been reduced. This money should have been reallocated to another fund which would touch the people in our constituencies and especially the youth who are the majority. I want to urge the Budget and Appropriations Committee to not only cut and reduce the NYS budget but look at how to redirect this money so that our young people can access these funds through the youth fund or other funds which look into youth affairs.

Thank you, Hon. Temporary Deputy Speaker. The Temporary Deputy Speaker (Hon. (Ms.) Tuya): The Member for Kisumu Central. Is this your maiden speech?

No! I have been intervening when Hon. Duale is consulting loudly. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : I cannot get you Hon. Ouda, can you clarify whether this is your maiden speech?

Not really, I do not know. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : I know you have raised a point of order.

Yes, I have made a point of order. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : But, that cannot be your maiden speech.

Hon. Temporary Deputy Speaker, you have taken my one minute, so you will give me six minutes. First of all I am very delighted and I want to thank the Budget and Appropriations Committee led by their Chairman for the work well done. They tried to consult widely and involved this House in every process they undertook.

I cannot forget to thank the various committees for working overtime especially during recess to make this process successful. Having said that, I cannot forget to take cognisance and observe one thing in this Budget going forward. The backbone of any growing economy is agriculture. You cannot purport to be a growing economy if you do not pay attention to agriculture. For example, I think even in the last Budget agriculture was given slightly above 2 per cent of the total budget. However, we are part of the Maputo Declaration and agriculture should receive 10 per cent of the Budget. I want to urge this House going forward to consider this.

I want to talk about the Big Four Agenda confidently because I am opposition in Government or rather Government in opposition. That is why I am a bit soft when it comes to Hon. Aden Duale. In future Budgets, if at all Hon. Kimani Ichung’wah will still be the Chair, let this House be serious when it comes to matters agriculture and give it more money. I have seen money being moved from other areas to support infrastructure, internal security and defence. Let us also move money to the State Department of Agriculture.

I want to concur with everybody here that as a country we need to work as a team going forward. I know the handshake is there and there are prophets of doom when it comes to it. They should take note that the handshake has seriously taken off and this economy will definitely grow because of this. In any other recurrent budget any movement of money from one department to another should be directed to agriculture so that we can reinforce the Big Four Agenda as laid down by the President and Government.

Thank you, I still insist that we should support the handshake together so that the economy can grow.

A

The Temporary Deputy Speaker (Hon. (Ms.) Tuya): Member for Kajiado North.

Thank you, Hon. Temporary Deputy Speaker. I want to contribute to the budget-making process. If you look at this document wholesomely, it does not support the reality on the ground. Our country is agricultural-based. Therefore, if we do not allocate resources towards this it means we are allocating resources to other areas.

If you check the amount allocated to the State Department of Agricultural Research of about Kshs.5 billion and the State Departments of Irrigation, Fisheries and Livestock which are agricultural in nature and compare them with other State Departments you will find we are not supporting the correct thing. Compare those State Departments I have mentioned with social protection and you will find we are geared more towards giving than the production section.

That is why I tend to think that we need and ought to have made changes in this document to make sure it is geared towards what we want to achieve. Look at this Budget critically and compare it with Vision 2030 you will find realistically it does not support it. Also there is no provision for the Big Four Agenda. It has not come out clearly how resources have been geared towards this particular docket. Kenyans normally say that in 1978…

Order Members! Order Members!

Thank you, Hon. Temporary Deputy Speaker. I wanted that protection so that I can concentrate. In 1978 we were at par with Singapore and Malaysia and then afterwards we lost course. I want to ask the Members to recall that during the same year the founding father of this nation died. So, maybe he died with that vision because he supported the agriculture sector and that is why our pyrethrum, tea, coffee and the whole agriculture sector including sisal were doing very well. Children who completed school were easily absorbed into this sector. Today, the opposite is happening because we are taking resources where they do not deserve.

We are talking about fighting corruption but if you look at the money which has been allocated to the Ethics and Anti-Corruption Commission (EACC) of about Kshs.2.8 billion and also the Auditor-General of Kshs.5 billion, the two add up to Kshs.7.8 billion and compare this with the entire amount that has been allocated to intelligence of Kshs.31 billion, the allocation does not correspond to what we see on the ground. If you want to fight corruption then it means we have to allocate more resources to the Auditor-General because he is the one who controls these funds and checks whether they have been stolen. We have to make sure that we spend a lot of money in planning.

On a point of order, Hon. Temporary Deputy Speaker. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Hon. Lessonet, what is it? Order, Member for Kajiado North! I can see you are frantically trying to attract my attention without having inserted your card.

On a point of order, Hon. Temporary Deputy Speaker. This matter has been adequately canvassed. The mood of the House is that the Mover be called upon to reply.

The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Order, Hon. Members!

On a point of order, Hon. Temporary Deputy Speaker.

A

The Temporary Deputy Speaker (Hon. (Ms.) Tuya): Oder, Hon. Millie! Hon. Lessonet, can you come out clearly on what you are speaking to? Order, Hon. Members! Hon. Lessonet, can you come out clear on your point of order, please?

Hon. Temporary Deputy Speaker, I am rising under Standing Order No.95. I request that the Mover be called upon to reply. We have canvassed and talked about this matter for two days.

The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Okay, Hon. Lessonet, I heard you.

On a point of order, Hon. Temporary Deputy Speaker. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Hon. Millie, we cannot have a point of order on top of another. We need to dispense with the one at hand. Order, Hon. Members!

On a point of order, Hon. Temporary Deputy Speaker. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : You are out of order.

No! The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Hon. Members, you cannot refuse to make a decision. I go ahead to put the Question.

Order, Hon. Members! Let us have the Mover.

On a point of order, Hon. Temporary Deputy Speaker. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Hon. Millie, you can only raise a point of order against an issue which is on the Floor. The issue which I have just presented to the Floor is a vote and I think we have closed that. The Members have called upon the Mover to reply. So, proceed, Hon. Ichung’wah.

Much obliged, Hon. Temporary Deputy Speaker. Let me take this opportunity to commend the House and, indeed, all the Members for the seriousness and keenness employed during the consideration of this 2018/2019 Budget Estimates. My Committee is greatly encouraged by the participation by all the Members both during this debate and even at the committee stages as they deliberated on the Estimates during the committee stage. It is expected that this great involvement will enhance the role of this 12th Parliament and will have a long term positive budgetary results in the budget-making process of our country.

A

Thank you, Hon. Temporary Deputy Speaker. I also wish to thank the Chairs of the various departmental committees and the leaders of delegations to the 12 counties in which we conducted public participation for their commitment and dedication in that process. As we agreed in Mombasa during our retreat with the Liaison Committee under the able leadership of Chairman of that Committee, we committed, for the first time as the BAC, that we will liaise with Chairs of committees and brief them after we consider all their departmental committee reports. We did that for the first time in the history of this House. We have listened to Members contribute to this debate and we have picked up pertinent issues. You remember yesterday Hon. Chris Wamalwa and Hon. Wafula Wamunyinyi raised issues on the public participation exercise in Bungoma. As I stated when I gave Notice this morning, we will consider certain amendments especially in relation to the issues that were raised by the people of Bungoma in terms of their priorities and to make sure that we address their concerns as a people in this year’s Budget.

Even the issues raised by the Member for Kisumu Central in terms of more resources going towards agriculture in this Budget will be addressed. As you notice, in our report, we have committed and ring-fenced Kshs1 billion of fertiliser subsidy to go towards our coffee farmers. A lot of resources have been dedicated to the agricultural sector.

Public hearings have been carried out and questions have been raised on the public participation exercise since 2012. It is the commitment of the BAC to continue with this practice and ensure that every of our 47 counties is visited by the end of the life of this 12th Parliament. The selected 12 counties were from a sampling framework which we adopted as a committee with various variables, namely, geographical location and our geographical dispersion as a country, marginalisation, the Big Four Agenda, urbanisation and current issues on development. Of course, the sampling method we used is not discretionary, but it worked towards equity at the end of it. That is why I have committed that by the end of this current Parliament, we will have visited all the 47 counties. The timing of our public hearings is also likely to change if we amend the Public Finance Management Act 2012 and allow the activity to take place in the period between September and November every year. This will enhance the number of counties that we cover each year. More importantly, we need to appreciate that this exercise is geared towards the national Budget and not the county budgets. In the 12 counties that we visited, a lot of issues relating to county budgets were raised.

On project prioritisation, the Committee developed a benchmark that favoured efficiency and timely completion of projects primarily those that can be completed within one financial year. This gave special attention to stalled projects that can be completed within one year.

The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Is your time up? Please, put the Chair back on to complete his submission.

I was saying to conclude by saying there are stalled projects which have a substantial impact on society. The largest projects will, therefore, be considered through the medium-term framework. A lot of projects will be considered like the ones Members mentioned about the Mitihani House, the stalled Nyayo wards in Dandora and other areas. We also appreciate the huge responsibility that Chairs of the various departmental committees undertook.

A

I am under a lot of pressure to conclude. In conclusion, I appreciate every Member, including the leaders in this House, especially the Leader of the Majority Party and the Leader of the Minority Party. I also appreciate the whips of both the majority and the minority sides and the Members of the BAC for their invaluable support during the budget process. For the first time, this process has been very participative.

Hon. Temporary Deputy Speaker, let me finally take the opportunity to thank you, all the members of staff of Parliament, especially those of the Parliamentary Budget Office and our clerks who have put in invaluable work during this process. This was from the beginning in May and even way before that for the Parliamentary Budget Office. I appreciate them for the tremendous work they have put in. Allow me to give notice that I will actualise the sentiments from Members as necessary amendments through the Committee of Supply, which will not lead to increase of the overall expenditures but will take care of reallocations only. I think it is important to note that we have a fiscal deficit that we must guard against.

Therefore, with those few remarks, I beg to reply.

Committee on the Budget Estimates for the National Government, the Judiciary

A

A Betting Control, Licensing and Regulation Services

116,660,845 Correctional Services

25,250,839,234 1,749,400,000 27,000,239,234 25,250,839,234 1,749,400,000 27,000,239,234 General Administration, Planning

and Support Services

457,873,050 63,200,000 521,073,050 457,873,050 63,200,000 521,073,050 State Department

for Immigration

and Citizen Services

1,884,968,823 2,690,300,000 4,575,268,823 1,884,968,823 2,690,300,000 4,575,268,823 0605000 Population Management Services

1,884,968,823 2,690,300,000 4,575,268,823 1,884,968,823 2,690,300,000 4,575,268,823 State Department

for Devolution

2,883,499,310 9,637,920,000 12,521,419,310 2,883,499,310 9,137,920,000 12,021,419,310 0712000 Devolution Services

835,689,251 1,027,970,000 1,863,659,251 835,689,251 1,027,970,000 1,863,659,251 General Administration, Planning

and Support Services

342,035,707 1,173,000,000 1,515,035,707 342,035,707 1,173,000,000 1,515,035,707 Special Initiatives

50,388,068 1013000 Integrated Regional Development

1,655,386,284 7,436,950,000 9,092,336,284 1,655,386,284 6,936,950,000 8,592,336,284 State Department

for Development of the ASAL

1,034,530,922 5,358,000,000 6,392,530,922 1,034,530,922 5,358,000,000 6,392,530,922

A Accelerated ASAL Development

1,034,530,922 5,358,000,000 6,392,530,922 1,034,530,922 5,358,000,000 6,392,530,922 1041 Ministry of Defence

96,079,397,700 10,974,349,680 107,053,747,380 96,079,397,700 14,974,349,680 111,053,747,380 0801000 Defence

94,378,000,000 10,974,349,680 105,352,349,680 94,378,000,000 14,974,349,680 109,352,349,680 0802000 Civil Aid

200,000,000 General Administration, Planning

and Support Services

1,301,397,700 National Space Management

200,000,000 1052 Ministry of Foreign Affairs

15,170,174,901 1,937,740,000 17,107,914,901 15,170,174,901 1,937,740,000 17,107,914,901 General Administration Planning

and Support Services

1,419,957,544 93,000,000 1,512,957,544 1,419,957,544 93,000,000 1,512,957,544 Foreign Relation

and Diplomacy

13,537,881,040 1,644,740,000 15,182,621,040 13,537,881,040 1,644,740,000 15,182,621,040 0741000 Economic and Commercial Diplomacy

81,941,701 Foreign Policy Research, Capacity Development

and Technical Cooperation

130,394,616 200,000,000 330,394,616 130,394,616 200,000,000 330,394,616 State Department

for Vocational

and Technical Training

2,587,094,377 7,728,000,000 10,315,094,377 2,672,156,413 7,728,000,000 10,400,156,413

A 0505000 Technical Vocational Education

and Training

2,351,842,753 5,728,000,000 8,079,842,753 2,446,199,631 5,728,000,000 8,174,199,631 Youth Training

and Development

53,235,939 2,000,000,000 2,053,235,939 51,738,816 2,000,000,000 2,051,738,816 General Administration, Planning

and Support Services

182,015,685 174,217,966 State Department

for Early Learning & Basic Education

88,504,860,854 11,178,830,978 99,683,691,832 88,511,455,306 10,418,830,978 98,930,286,284 Primary Education

16,633,329,299 4,300,363,125 20,933,692,424 16,619,546,847 4,100,363,125 20,719,909,972 0502000 Secondary Education

63,336,391,097 6,478,917,853 69,815,308,950 63,323,266,650 5,918,917,853 69,242,184,503 Quality Assurance

and Standards

3,964,313,900 257,000,000 4,221,313,900 3,962,842,007 257,000,000 4,219,842,007 General Administration, Planning

and Support Services

4,570,826,558 142,550,000 4,713,376,558 4,605,799,802 142,550,000 4,748,349,802 State Department

for Research

& University Education

87,301,678,500 13,038,000,000 100,339,678,500 87,950,793,769 12,938,000,000 100,888,793,769 0504000 University Education

84,734,187,584 12,740,500,000 97,474,687,584 85,406,547,019 12,740,500,000 98,147,047,019 0506000 Research, Science, Technology

and Innovation

2,297,944,858 297,500,000 2,595,444,858 2,291,209,767 197,500,000 2,488,709,767

A General Administration, Planning

and Support Services

269,546,058 253,036,983 State Department for Post Training and Skills Development

887,818,000 1,039,480,000 1,927,298,000 885,693,000 1,039,480,000 1,925,173,000 0502000 Secondary Education

92,000,000 General Administration, Planning

and Support Services

47,580,000 45,455,000 0907000 Manpower Development, Employment

and Productivity Management

748,238,000 1,039,480,000 1,787,718,000 748,238,000 1,039,480,000 1,787,718,000 1071 The National Treasury

74,295,400,000 37,377,476,758 111,672,876,758 68,755,400,000 38,577,476,758 107,332,876,758 General Administration Planning

and Support Services

68,530,860,023 3,445,936,355 71,976,796,378 62,690,860,023 3,445,936,355 66,136,796,378 Public Financial Management

4,317,329,124 33,010,758,552 37,328,087,676 4,617,329,124 34,210,758,552 38,828,087,676 0719000 Economic and Financial Policy Formulation

and Management

1,032,635,480 865,781,851 1,898,417,331 1,032,635,480 865,781,851 1,898,417,331 Market Competition

339,000,000 55,000,000 394,000,000 339,000,000 55,000,000 394,000,000 Government Clearing Services

75,575,373

A State Department

for Planning

9,363,400,002 34,061,020,000 43,424,420,002 11,163,400,002 38,361,020,000 49,524,420,002 0706000 Economic Policy and National Planning

1,297,897,835 32,515,546,400 33,813,444,235 1,297,897,835 36,815,546,400 38,113,444,235 National Statistical Information Services

7,540,568,288 1,434,500,000 8,975,068,288 9,340,568,288 1,434,500,000 10,775,068,288 Monitoring

and Evaluation Services

123,617,272 110,973,600 234,590,872 123,617,272 110,973,600 234,590,872 General Administration Planning

and Support Services

401,316,607 1081 Ministry of Health

49,100,820,808 40,906,449,648 90,007,270,456 49,100,820,808 40,906,449,648 90,007,270,456 Preventive, Promotive

& RMNCAH

1,686,224,200 8,270,164,143 9,956,388,343 1,686,224,200 8,270,164,143 9,956,388,343 National Referral

& Specialised Services

22,694,658,104 17,510,301,335 40,204,959,439 22,694,658,104 17,510,301,335 40,204,959,439 Health Research

and Development

6,470,337,792 426,400,000 6,896,737,792 6,470,337,792 746,400,000 7,216,737,792 General Administration, Planning & Support Services

6,890,519,328 2,220,000,000 9,110,519,328 6,890,519,328 1,900,000,000 8,790,519,328 Health Policy, Standards and Regulations

11,359,081,384 12,479,584,170 23,838,665,554 11,359,081,384 12,479,584,170 23,838,665,554 State Department

of Infrastructure

58,364,000,000 112,985,380,000 171,349,380,000 58,364,000,000 121,685,380,000 180,049,380,000

A Road Transport

58,364,000,000 112,985,380,000 171,349,380,000 58,364,000,000 121,685,380,000 180,049,380,000 State Department

of Transport

10,324,195,400 90,424,591,835 100,748,787,235 10,324,195,400 90,424,591,835 100,748,787,235 General Administration, Planning

and Support Services

306,655,953 1,108,000,000 1,414,655,953 306,655,953 1,108,000,000 1,414,655,953 Rail Transport

74,755,591,835 Marine Transport

815,168,490 12,226,000,000 13,041,168,490 815,168,490 12,226,000,000 13,041,168,490 Air Transport

7,245,422,571 2,035,000,000 9,280,422,571 7,245,422,571 2,035,000,000 9,280,422,571 Road Safety

1,956,948,386 300,000,000 2,256,948,386 1,956,948,386 300,000,000 2,256,948,386 State Department

for Maritime Affairs

1,668,659,873 Shipping and Maritime Affairs

1,668,659,873 State Department

for Housing, Urban Development

and Public Works

3,122,021,961 29,101,373,965 32,223,395,926 3,122,021,961 29,101,373,965 32,223,395,926 Housing Development

and Human Settlement

478,575,197 7,571,000,000 8,049,575,197 478,575,197 7,571,000,000 8,049,575,197 Government Buildings

468,121,832 1,564,200,000 2,032,321,832 468,121,832 1,564,200,000 2,032,321,832 0104000 Coastline Infrastructure

and Pedestrian Access

104,604,734 339,200,000 443,804,734 104,604,734 339,200,000 443,804,734

A 0105000 Urban and Metropolitan Development

196,588,840 19,435,373,965 19,631,962,805 196,588,840 19,435,373,965 19,631,962,805 General Administration Planning

and Support Services

611,550,789 55,600,000 667,150,789 611,550,789 55,600,000 667,150,789 0218000 Regulation and Development of the Construction Industry

1,262,580,569 136,000,000 1,398,580,569 1,262,580,569 136,000,000 1,398,580,569 1107 Ministry of Water Services and Sanitation

4,048,224,948 37,207,390,000 41,255,614,948 4,048,224,948 38,097,390,000 42,145,614,948 General Administration, Planning

and Support Services

374,907,966 Water Resources Management

1,221,118,271 5,986,000,000 7,207,118,271 1,221,118,271 5,786,000,000 7,007,118,271 1017000 Water and Sewerage Infrustracture Development

2,452,198,711 31,221,390,000 33,673,588,711 2,452,198,711 32,311,390,000 34,763,588,711 1108 Ministry of Environment

and Forestry

9,964,390,329 6,169,000,000 16,133,390,329 9,964,390,329 6,169,000,000 16,133,390,329 Environment Management

and Protection

1,483,570,436 1,374,700,000 2,858,270,436 1,483,570,436 1,624,700,000 3,108,270,436 General Administration, Planning

and Support Services

321,819,569 Meteorological Services

1,074,121,134 1,082,300,000 2,156,421,134 1,074,121,134 1,082,300,000 2,156,421,134

A Forests and Water Towers Conservation

7,084,879,190 3,712,000,000 10,796,879,190 7,084,879,190 3,462,000,000 10,546,879,190 1112 Ministry of Lands and Physical Planning

2,690,474,000 3,330,000,000 6,020,474,000 2,690,474,000 3,345,214,997 6,035,688,997 Land Policy and Planning

2,690,474,000 3,330,000,000 6,020,474,000 2,690,474,000 3,345,214,997 6,035,688,997 1121 Ministry of Information Communications and Technology

4,854,383,839 27,046,614,114 31,900,997,953 4,854,383,839 27,646,614,114 32,500,997,953 General Administration Planning

and Support Services

443,371,980 Information And Communication Services

2,579,613,956 438,000,000 3,017,613,956 2,679,613,956 438,000,000 3,117,613,956 Mass Media Skills Development

207,450,000 250,000,000 457,450,000 207,450,000 250,000,000 457,450,000 ICT Infrastructure Development

279,100,085 23,798,000,000 24,077,100,085 379,100,085 24,398,000,000 24,777,100,085 E- Government Services

1,344,847,818 2,560,614,114 3,905,461,932 1,144,847,818 2,560,614,114 3,705,461,932 State Department

for Sports Development

1,502,040,337 525,000,000 2,027,040,337 1,502,040,337 675,000,000 2,177,040,337 0901000 Sports

1,502,040,337 525,000,000 2,027,040,337 1,502,040,337 675,000,000 2,177,040,337 State Department

for Heritage

3,057,463,521 841,600,000 3,899,063,521 3,057,463,521 881,600,000 3,939,063,521 Culture/ Heritage

1,408,391,017 466,600,000 1,874,991,017 1,408,391,017 506,600,000 1,914,991,017 0903000 The Arts

774,902,980 75,000,000 849,902,980 774,902,980 75,000,000 849,902,980 Library Services

687,938,467 300,000,000 987,938,467 687,938,467 300,000,000 987,938,467

A General Administration, Planning

and Support Services

186,231,057 State Department

for Energy

2,188,000,000 59,886,827,489 62,074,827,489 2,188,000,000 65,886,827,489 68,074,827,489 General Administration Planning

and Support Services

343,561,150 128,885,000 472,446,150 343,561,150 128,885,000 472,446,150 Power Generation

906,031,734 12,265,769,777 13,171,801,511 906,031,734 12,265,769,777 13,171,801,511 Power Transmission

and Distribution

788,944,920 46,284,172,712 47,073,117,632 788,944,920 52,284,172,712 53,073,117,632 0214000 Alternative Energy Technologies

149,462,196 1,208,000,000 1,357,462,196 149,462,196 1,208,000,000 1,357,462,196 State Department

for Livestock.

1,961,791,619 4,296,740,920 6,258,532,539 1,976,791,619 4,281,740,920 6,258,532,539 0112000 Livestock Resources Management

and Development

1,961,791,619 4,296,740,920 6,258,532,539 1,976,791,619 4,281,740,920 6,258,532,539 State Department

for Crop Development

5,038,331,056 20,215,429,236 25,253,760,292 5,038,331,056 20,215,429,236 25,253,760,292 General Administration Planning

and Support Services

2,501,568,169 194,000,000 2,695,568,169 2,501,568,169 194,000,000 2,695,568,169 Crop Development

and Management

2,378,878,344 18,562,095,006 20,940,973,350 2,378,878,344 18,562,095,006 20,940,973,350 Agribusiness

and Information Management

157,884,543 1,459,334,230 1,617,218,773 157,884,543 1,459,334,230 1,617,218,773

A State Department

for Fisheries Aquaculture & the Blue Economy

607,161,651 2,184,000,000 2,791,161,651 607,161,651 2,184,000,000 2,791,161,651 Fisheries Development

and Management

302,276,282 1,174,000,000 1,476,276,282 302,276,282 1,174,000,000 1,476,276,282 General Administration, Planning

and Support Services

163,006,252 Development

and Coordination of the Blue Economy

141,879,117 1,010,000,000 1,151,879,117 141,879,117 1,010,000,000 1,151,879,117 State Department

for Irrigation

918,128,745 17,058,000,000 17,976,128,745 918,128,745 17,058,000,000 17,976,128,745 1014000 Irrigation and Land Reclamation

766,176,225 6,664,000,000 7,430,176,225 766,176,225 6,664,000,000 7,430,176,225 Water Storage and Flood Control

45,000,000 10,394,000,000 10,439,000,000 45,000,000 10,394,000,000 10,439,000,000 General Administration, Planning

and Support Services

106,952,520 State Department

for Agricultural Research

5,085,872,824 475,899,330 5,561,772,154 5,085,872,824 475,899,330 5,561,772,154 Agricultural Research

& Development

5,085,872,824 475,899,330 5,561,772,154 5,085,872,824 475,899,330 5,561,772,154 State Department

for Cooperatives

500,599,580 870,000,000 1,370,599,580 530,599,580 840,000,000 1,370,599,580

A Cooperative Development

and Management

500,599,580 870,000,000 1,370,599,580 530,599,580 840,000,000 1,370,599,580 State Department

for Industry

2,618,101,543 7,738,000,000 10,356,101,543 2,618,101,543 4,298,000,000 6,916,101,543 General Administration Planning

and Support Services

445,487,863 180,000,000 625,487,863 445,487,863 180,000,000 625,487,863 0302000 Industrial Development

and Investments

1,069,179,280 5,094,000,000 6,163,179,280 1,069,179,280 2,954,000,000 4,023,179,280 0303000 Standards and Business Incubation

1,103,434,400 2,464,000,000 3,567,434,400 1,103,434,400 1,164,000,000 2,267,434,400 State Department

for Small and Medium Enterprises

1,712,381,914 1,012,000,000 2,724,381,914 1,712,381,914 312,000,000 2,024,381,914 0302000 Industrial Development

and Investments

5,233,055 0303000 Standards and Business Incubation

110,244,400 700,000,000 810,244,400 110,244,400 Trade Development

and Promotion

1,596,904,459 312,000,000 1,908,904,459 1,596,904,459 312,000,000 1,908,904,459 State Department

for Labour

1,778,921,574 509,920,000 2,288,841,574 1,788,921,574 509,920,000 2,298,841,574 General Administration Planning

and Support Services

667,037,072 677,037,072 0906000 Promotion of the Best Labour Practice

684,397,387 150,900,000 835,297,387 684,397,387 150,900,000 835,297,387

A 0907000 Manpower Development, Employment

and Productivity Management

427,487,115 359,020,000 786,507,115 427,487,115 359,020,000 786,507,115 State Department

for Social Protection

18,711,704,440 12,291,090,000 31,002,794,440 18,811,704,440 12,491,090,000 31,302,794,440 Social Development

and Children Services

3,271,665,992 1,002,190,000 4,273,855,992 3,271,665,992 1,202,190,000 4,473,855,992 National Social Safety Net

15,142,401,487 11,288,900,000 26,431,301,487 15,242,401,487 11,288,900,000 26,531,301,487 General Administration, Planning

and Support Services

297,636,961 State Department

for Mining

1,103,684,125 509,000,000 1,612,684,125 1,103,684,125 509,000,000 1,612,684,125 General Administration Planning

and Support Services

706,022,974 25,000,000 731,022,974 706,022,974 25,000,000 731,022,974 1008000 Resources Surveys

and Remote Sensing

132,467,430 184,000,000 316,467,430 132,467,430 184,000,000 316,467,430 Mineral Resources Management

265,193,721 300,000,000 565,193,721 265,193,721 300,000,000 565,193,721 State Department

for Petroleum

271,500,000 3,258,500,000 3,530,000,000 271,500,000 4,758,500,000 5,030,000,000 Exploration

and Distribution of Oil and Gas

271,500,000 3,258,500,000 3,530,000,000 271,500,000 4,758,500,000 5,030,000,000

A 1204 Ministry of Tourism

and Wildlife

9,204,210,198 3,745,516,000 12,949,726,198 8,778,210,198 4,171,516,000 12,949,726,198 Tourism Development

and Promotion

142,140,000 -283,860,000 426,000,000 142,140,000 Trade Development

and Promotion

2,667,987,235 2,620,000,000 5,287,987,235 2,667,987,235 2,620,000,000 5,287,987,235 Wildlife Conservation

and Management

6,394,082,963 1,125,516,000 7,519,598,963 6,394,082,963 1,125,516,000 7,519,598,963 State Department

for Public Service and Youth

13,442,533,200 12,318,334,400 25,760,867,600 13,442,533,200 4,068,334,400 17,510,867,600 Public Service Transformation

1,850,923,776 1,398,404,400 3,249,328,176 1,850,923,776 1,398,404,400 3,249,328,176 General Administration Planning

and Support Services

4,149,188,773 Youth Empowerment

7,442,420,651 10,919,930,000 18,362,350,651 7,442,420,651 2,669,930,000 10,112,350,651 State Department

for Gender

1,557,079,282 2,968,000,000 4,525,079,282 1,557,079,282 3,113,000,000 4,670,079,282 Community Development

2,230,000,000 2,375,000,000 Gender Empowerment

1,293,744,564 738,000,000 2,031,744,564 1,293,744,564 738,000,000 2,031,744,564 General Administration, Planning

and Support Services

263,334,718

A 1221 Ministry of East African Community

& Northern Corridor Development

1,026,757,114 65,000,000 1,091,757,114 1,026,757,114 65,000,000 1,091,757,114 East African Affairs and Regional Integration

1,026,757,114 65,000,000 1,091,757,114 1,026,757,114 65,000,000 1,091,757,114 1251 Office of the Attorney General and Department of Justice

4,028,129,000 1,614,000,000 5,642,129,000 4,040,129,000 1,114,000,000 5,154,129,000 Legal Services

1,812,377,536 Governance, Legal Training

and Constitutional Affairs

1,570,903,629 1,548,000,000 3,118,903,629 1,582,903,629 1,048,000,000 2,630,903,629 General Administration, Planning

and Support Services

644,847,835 66,000,000 710,847,835 644,847,835 66,000,000 710,847,835 1261 The Judiciary

13,255,000,000 4,049,000,000 17,304,000,000 13,255,000,000 1,549,000,000 14,804,000,000 Dispensation

of Justice

13,255,000,000 4,049,000,000 17,304,000,000 13,255,000,000 1,549,000,000 14,804,000,000 Ethics

and Anti-Corruption Commission

2,751,540,000 100,000,000 2,851,540,000 2,801,540,000 125,000,000 2,926,540,000 0611000 Ethics and Anti-Corruption

2,751,540,000 100,000,000 2,851,540,000 2,801,540,000 125,000,000 2,926,540,000 National Intelligence Service

30,711,000,000 31,211,000,000 National Security Intelligence

30,711,000,000 31,211,000,000

A 1291 Office of the Director of Public Prosecutions

2,312,276,000 100,000,000 2,412,276,000 2,812,276,000 100,000,000 2,912,276,000 Public Prosecution Services

2,312,276,000 100,000,000 2,412,276,000 2,812,276,000 100,000,000 2,912,276,000 1311 Office of the Registrar

of Political Parties

822,232,095 Registration, Regulation

and Funding of Political Parties

822,232,095 Witness Protection Agency

437,686,280 483,086,280 Witness Protection

437,686,280 483,086,280 Kenya National Commission

on Human Rights

391,843,114 395,443,114 0616000 Protection and Promotion of Human Rights

391,843,114 395,443,114 2021 National Land Commission

1,275,666,510 1,260,451,513 Land Administration and Management

1,275,666,510 1,260,451,513 Independent Electoral

and Boundaries Commission

4,190,624,477 43,000,000 4,233,624,477 4,190,624,477 43,000,000 4,233,624,477

A Management

of Electoral Processes

3,780,167,627 43,000,000 3,823,167,627 3,780,167,627 43,000,000 3,823,167,627 Delimitation

of Electoral Boundaries

410,456,850 2041 Parliamentary Service Commission

15,900,000,000 3,200,000,000 19,100,000,000 12,464,000,000 3,200,000,000 15,664,000,000 Affairs

8,900,000,000 6,414,000,000 General Administration, Planning

and Support Services

7,000,000,000 3,200,000,000 10,200,000,000 6,050,000,000 3,200,000,000 9,250,000,000 National Assembly

23,400,000,000 21,915,000,000 National Legislation, Representation and Oversight

23,400,000,000 21,915,000,000 Judicial Service Commission

464,000,000 364,000,000 General Administration, Planning

and Support Services

464,000,000 364,000,000 The Commission

on Revenue Allocation

422,556,341 434,556,341 Inter- Governmental Revenue

and Financial Matters

422,556,341 434,556,341 2071 Public Service Commission

1,160,220,000 59,290,000 1,219,510,000 1,160,220,000 59,290,000 1,219,510,000

A General Administration, Planning

and Support Services

806,395,296 59,290,000 865,685,296 806,395,296 59,290,000 865,685,296 Human Resource management

and Development

202,088,409 Governance

and National Values

151,736,295 2081 Salaries and Remuneration Commission

542,170,000 564,170,000 Salaries and Remuneration Management

542,170,000 564,170,000 Teachers Service Commission

226,629,400,000 136,000,000 226,765,400,000 226,750,753,422 136,000,000 226,886,753,422 Teacher Resource Management

219,716,477,896 219,710,977,896 Governance

and Standards

38,400,000 30,650,000 General Administration, Planning

and Support Services

6,874,522,104 136,000,000 7,010,522,104 7,009,125,526 136,000,000 7,145,125,526 National Police Service Commission

530,556,818 630,556,818 National Police Service Human Resource Management

530,556,818 630,556,818

A Auditor General

4,936,687,300 232,230,000 5,168,917,300 5,486,687,300 682,230,000 6,168,917,300 Audit Services

4,936,687,300 232,230,000 5,168,917,300 5,486,687,300 682,230,000 6,168,917,300 2121 Controller of Budget

618,470,000 Control and Management of Public finances

618,470,000 The Commission

on Administrative Justice

484,389,200 499,389,200 0731000 Promotion of Administrative Justice

484,389,200 499,389,200 National Gender

and Equality Commission

374,965,388 0621000 Promotion of Gender Equality and Freedom from Discrimination

374,965,388 Independent Policing Oversight Authority

817,002,200 Policing Oversight Services

817,002,200 Total in Kshs.

1,075,968,241,376 660,954,426,353 1,736,922,667,729 1,069,491,026,558 672,800,641,350 1,742,291,667,908 Next Order.

A

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the Energy Bill (National Assembly Bill No.50 of 2017).

Hon. Temporary Deputy Speaker, I beg to move that the Energy Bill (National Assembly Bill No.50 of 2017) be now read a Third Time. I also request the Vice-Chair of the Departmental Committee on Energy, Hon. Pukose, who is the only surgeon in the House, to second.

Order Members. We are

The rest are quacks or herbalists. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : The Leader of the Minority Party, you cannot be the one who is leading the pack. Can you do the necessary, Leader of the Minority Party and make sure we are constituted?

Hon. Temporary Deputy Speaker, I second. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Order Members. The Members are shaking hands. Who is this Member who is shaking hands?

It is Hon. Moses Kuria.

Hon. Members: Put the Question. The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Should I go ahead to put the Question?

Yes.

The Temporary Deputy Speaker (Hon. (Ms.) Tuya) : Next Order.

A

Hon. Members, we are in the Committee of the whole House to consider the Petroleum

Bill, National Assembly Bill No.48 of 2017. New Clauses 99J, 99K, 99L, 99M, 99N, 99O, 99P, 99Q, 99R, 99S, 99T, 99U, 99V, 99W, 99X,

THAT, the Bill be amended by inserting the following new Part immediately after Part VIII—

Replacement of a licence, permit or certificate.

99J. (1) A licensee or permit holder may apply for replacement of a licence, permit or certificate.

Hon. Temporary Deputy Chairlady, I second the proposed amendments as a Member of the Departmental Committee on Energy. Thank you.

Provided that any person engaged in the storage, transportation or sale of petroleum and petroleum products shall have an oil clean-up plan in compliance with the National Oil Spill Policy, relevant environmental health and safety regulations or guidelines.

Hon. Wakhungu Wamalwa of Kiminini.

Thank you, Hon. Temporary Deputy Chairlady. I agree with what Hon. Pukose has put across. When he says that the Ministry was split into two, I expected him to say that it is as a result of the Executive order. It is only an Executive order that can split ministries and this led to this or that. Unfortunately, my friend, the surgeon, forgot to say that.

I support. Thank you.

Hon. Tongi Nyagaka.

Hon. Temporary Deputy Chairlady, I agree with the amendment as moved by the Member, the only surgeon in the House. However, he would have qualified his statement by saying that he is doing that not because there is anything wrong with what we did in the last session, but because of the new dispensation that we have in place. That way, we would not have issues. What happens if we change again and merge the Ministry of Energy and the Ministry of Mining and Petroleum? Are we going to amend the law to resonate with the changes that we are making now? That is why it would have been nice if he said that we are doing this as a short term measure, but going forward, we might want to merge it for purposes of unity and synergising the efforts to achieve a better result from the oil in Turkana.

I support the amendment.

Hon. Murungi Kathuri. He does not seem to be here. Hon. Omboko, Member for Emuhaya.

Thank you, Hon. Temporary Deputy Chairlady. Basically, what I wanted to raise has been raised by the two Members who have spoken before me. I wanted to state that there is need to give a justification. Therefore, moving forward, we shall ask Dr. Pukose to be doing that or any other Member who will be involved in the same scenario to make justification.

I support. Thank you.

Hon. Nyikal Wambura.

Hon. Temporary Deputy Chairlady, as I support, we need to look at the procedure. As much as the procedure is right, the two Bills are very close and were discussed at different times. Because they were split, some clauses have been moved. I would like to get a clarification whether before the clauses were moved, they were conclusively canvassed. We may miss a point if they were not discussed in the Energy Bill and they are not really being properly canvassed.

Further, the truth is that many Members seem not to be following what is happening. It is not right for Members to pass something if it is not very clear to them. Time should not be a major issue. It is good to brief Members. I would have suggested that we go item by item in order to know what each means. This is for a long time to come. It would not be proper for us to pass it because we want to save time.

I need guidance, otherwise, I would support. Were they properly canvassed when the other Bill was being discussed?

Let me give this chance to Hon. Ochieng’. Do you want to contribute? Okay. We can have Hon. Pukose.

Thank you, Hon. Temporary Deputy Chairlady. Let me address the issues that have been raised by the Members.

A

Initially, these were two Bills. We had the Energy Bill and the Petroleum (Exploration, Development and Production) Bill. In the initial Bill, because the Ministry in charge was the Ministry of Energy and Petroleum, all the clauses we have transferred here were in the Energy Bill which we have just passed in the Motion under Order No.9. We decided to remove sections that were concerned with petroleum in the Energy Bill and introduce them into the Petroleum (Exploration, Development and Production) Bill. It went through the process of public participation and the Committee went through it.

We decided to delete the whole of Part V of the Energy Bill that we passed. Part V that was deleted was transferred to the Petroleum (Exploration, Development and Production) Bill because these matters were not concerned with energy. They were concerned with petroleum. So, we deleted them and brought them into the Petroleum (Exploration, Development and Production) Bill.

Splitting of ministries was done through an Executive order. We now have the Ministry of Mining and Petroleum. But in as far as matters pertaining petroleum, initially, we had the Petroleum Act, which does not sufficiently cover all the issues that have been raised here. Initially as a country, we were not extracting petroleum. It is a new phenomenon in the country after the discovery of oil in Lokichar and other 35 blocks within the Lamu Basin. In total, they are 37 blocks. The other blocks are in the Rift Valley, Turkana Area.

In the extraction of petroleum, there are matters that will arise as far as upstream, midstream and downstream are concerned. For us to perform these duties, we must have laws and regulations that are going to guide us. In the initial Bill, these laws were done, but were in the Energy Bill. Now that we have a sector that is complete and in the process of making laws, it means that we delete clauses in the Energy Bill and introduce them as new clauses in the Petroleum (Exploration, Development and Production) Bill. It is a new clause in the Bill deleted from the other Bill. What was deleted does not go into waste but is transferred here. In the process of bringing it here, we have to do so as a new clause. These are the technicalities as far as the law-making process is concerned.

Thank you.

You have made your point loud and clear.

I want to sound a warning here. The truth is that Members are not clear. What he has said is right. I have the three documents here. What is not right is that Members are not actually clear on this.

Hon. Nyikal, you are very senior and you understand how the Order Paper outlines the proposed amendments. Look at your Order Paper and you will see them. Members should always be guided by the Order Paper, which clearly spells out all the clauses that we are talking about.

Hon. Temporary Deputy Chairlady, I agree. And as it has been lined out, I will let it pass.

Chair.

Hon. Temporary Deputy Chairlady, in the Energy Bill, it is Part V. When it comes to the Petroleum Bill, we are moving that Part V to Part IX. That is why it is now coming from 99 onwards. The numbering in the Energy Bill is not going to be the same as in the Petroleum Bill. They are going to vary. Which position are you going to place it? That is why we start numbering it.

A

I just wanted, as a Member of the Committee, to get the indulgence of Hon. Nyikal and tell him that this Bill was canvassed through a number of instruments. As you are aware, the President already flagged off, on Sunday, oil that is going to Lamu. We have in Lokichar 80,000 barrels in stock. For purposes of expediency, it is prudent that this Bill is passed in its entirety based on the advice from my Chair because it will help this country. More importantly, you may not be aware…

your point is made.

(Off-record) .

Order! You cannot have those exchanges, Hon. Nyikal. Members, we are not debating.

(Inaudible) .

You are out of order, Member for Emuhaya. You do not even have the microphone from me. So, you are addressing me inappropriately. The issues canvassed have been properly enumerated by the Chair. Again, Members should look at the Order Paper. Hon. Nyikal, there is an issue of how the numbering has been done. It is just a matter of drafting, but the content is there.

New Clauses 99AA, 99BB, 99CC, 99DD, 99EE, 99FF, 99GG, 99HH and 99II

THAT, the Bill be amended by inserting the following new Part immediately after Part VIII—

Offences and attempted offences.

99AA. (1) A person who–

Hon. Tongi.

Hon. Temporary Deputy Chairlady, I wanted to speak on the next one.

Hon. Seroney Kipkorir.

Hon. Temporary Deputy Chairlady, I was preparing to contribute on the other one. Most of the time, you find that the queue is too long and so, you set yourself before time.

What is the next one you are contributing to?

Motion No.11 on the Order Paper.

Hon. Members, we are in Committee of the whole House. You can take out your cards and put them back so that you do not confuse the Chair.

Clause 2

THAT, Clause 2 of the Bill be amended—

Are there Members wishing to contribute? Hon. Mbui?

Hon. Temporary Deputy Chairlady, I had wanted to contribute on the previous comments. I was curious about the numbering from 99 where it goes to 99 (AA) and 99 (BB) . I was a bit curious why we are doing that as opposed to just continuing from 99 to 100 going forward. I had wanted to ask that. That is why I had put my card.

As I had pointed out, it is a drafting technique. Drafters are the ones who would best understand. That is the order in which they do the numbering. But the substance and contents remain the same.

“strategic stocks” means petroleum kept for purposes of ensuring security of supply; “street” includes any way, road, lane, square, court, alley, passage, whether a thoroughfare or not, over which the public have a right of way, and also the roadway and footway over any public bridge, or causeway;

“undertaking” means any business undertaken pursuant to a licence or a permit and includes all the assets and liabilities from time to time constituting or belonging or appertaining to such business, whether public or private, for the importation, exportation, refining, transportation, storage or supply of petroleum but does not include an undertaking which the Authority in consultation with the Cabinet Secretary, by statutory instrument, declares not to constitute an undertaking for the purposes of this Act;

“vandalise” means to commit any wilful, negligent, reckless or malicious act which destroys or damages petroleum infrastructure. “works” means pipelines, machinery, lands, buildings, structures, earth works and water works, and includes any apparatus or things of whatsoever description, required for the importation, exportation, storage, refining, transportation, dispensing and supply of petroleum.

A Long Title

THAT, the Long Title of the Bill be amended by inserting the words “regulation of midstream and downstream petroleum” immediately after the words “apply to upstream petroleum operations”.

This is just in aligning it with the Petroleum

Bill because we are just doing that Bill. When we talk of ‘midstream’, it means the pipeline of transporting the petroleum. Then the ‘downstream’ means the distribution and ‘the upstream’ is where you are extracting the petroleum. We are aligning the Bill to deal with petroleum matters.

I see no requests to contribute. Oh, Hon. Nyikal?

I will just indulge the Chair to put a little more explanation. He is referring to petroleum. But even this is making reference to petroleum. What difference does it make?

Hon. Chair, did you get the question?

No.

Hon. Nyikal, please come clear.

I am not getting the significance of the amendment because it is aligning to talk about petroleum. As it is, the Bill is still making reference to petroleum. I am indulging him if he can afford the time to just say it again and show me what it really means.

What I explained to the House is that we are talking of regulation of midstream and downstream petroleum. Initially, it was not covering the midstream and the downstream. “Midstream” means transportation of petroleum where the road or railway is used. When we talk of ‘the downstream’, it means distribution at the area of petrol stations, gas stations and all that. We want the Bill to cover the whole thing right from the point of extraction which is the upstream, midstream and downstream.

Very well.

Clause 1

THAT, Clause 1 of the Bill be amended by deleting the words “

.

A

This follows what we had just done up there. Exploration, development and production is basically limiting it to the upstream. Now that we brought the midstream and the downstream, the title has to change, so that it has the issue of exploration, development, production, transportation which is midstream and also distribution which is at the downstream.

(Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to)

Mover?

Hon. Temporary Deputy Chairlady, I beg to move that the Committee doth report to the House its consideration of the Petroleum

Bill

(National Assembly Bill No.48 of 2017)

and its approval thereof with amendments.

The Temporary Deputy Speaker

(Hon. (Ms.) Mbalu)

: Members, we are in the House. I call upon the Chairperson to do the reporting of the Committee of the whole House.

Hon. Temporary Deputy Speaker, I beg to report that the Committee of the whole House has considered the Petroleum

Bill

(National Assembly Bill No.48 of 2017)

and approved the same with amendments.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : The Mover to move agreement with the Report.

Hon. Speaker, I beg to move that the House does agree with the Committee in the said Report. I request Hon. Elisha to second the Motion for the agreement with the Report of the Committee of the whole House.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Hon. Elisha, second.

I second the Motion as it is.

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The Temporary Deputy Speaker (Hon. (Ms.) Mbalu): Hon. Kathuri, do you want to contribute to this?

He is not here. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : This idea of Members leaving cards here is not good. Member for Turkana South.

Hon. Temporary Deputy Speaker, I am rising to seek clarification and your indulgence. I remember the other time this Bill was suspended. I have just arrived now and I want to understand whether what we passed the other time has been considered.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : You are quite in order. I remember recommital on this was raised. May I consult?

As we consult, there is a school that has been here for some time, we are sorry because we could not stop the Committee of the whole House to recognise you. I would like to recognise the presence of Sawagongo High School from Gem Constituency, Siaya County, who are in the Public Gallery. They are welcome to watch the proceedings of the House.

Let me allow the Chairperson to comment on the issue of recommittal raised by an Hon. Member.

Thank you, Hon. Temporary Deputy Speaker. In the Petroleum

Bill Clause 85, the amendment that the Committee of the whole House made before we went on recess was on division of revenue, where five per cent was to be given to the community, 20 per cent to the county and then we deleted the capping that was there and instead we introduced an amendment where Parliament shall review within 10 years the formula for sharing of the revenue from the petroleum. That is what we had done and it was on record. This is in line with the negotiations between the Governor, the team from Turkana and the President.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you, Hon. Chairperson. I rise to give direction. Hon. Lomenen, are you okay with that?

Hon. Temporary Deputy Speaker that was a hot issue. I remember we did a lot of consultations. We met the leadership of the House and the President and his entire team, consulted and agreed. The concerns of the community are whether what we agreed as the leadership has been put in the law. I wanted that assurance so that Kenyans and the whole nation can hear and the people of Turkana County will also affirm that whatever we agree on has actually been put in law. I wanted that to go on record so that we are not shortchanging each other and we are not eating our own words.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Member for Turkana South, I agree with you. I am happy to hear that you consulted and you are satisfied. There is no harm in the Chair clarifying.

Hon. Temporary Deputy Speaker, I can confirm that, that is what is in the law. In the sharing of revenue in Clause 85, five per cent shall go to the community, 20 per cent to the county and the other 75 per cent to the whole country. We also deleted the clause on capping, and we also put in a clause that Parliament shall review the formula for sharing of revenue within 10 years. I can confirm that.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you. Hon. Members, with that clarification of the Chairperson and the satisfaction Hon. Lomenen has, I will not be able to put the Question for obvious reasons.

Next Order.

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Thank you, Hon. Temporary Deputy Speaker. I wanted to comment on the Petroleum

Bill. I wanted to confirm if what was said has been published as voted in the Committee of the whole House. But now it has been overtaken by events. The Temporary Deputy Speaker

(Hon. (Ms.) Mbalu)

: Member for Seme. Hon. (Dr.) Nyikal: Maybe after the recess, I am missing certain points. I thought in the Order Paper the Committee of the whole House was dealing with two Bills, namely, the Petroleum Bill and the Energy Bill. We have done the Petroleum Bill. The Energy Bill was also subject to recommittal of Clause 84.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you, Member for Seme, for your being keen even on the Order Paper. From my seat, the process of the Committee of the whole House on the Petroleum Bill together with the Energy Bill was done procedurally. I confirm that the Energy Bill, as stated in the Order Paper, was subject to resolution for recommittal of Clause 84. The resolution had already been done and you could hear the Member went on record together with the Chairperson. They had already resolved, so we are not going for recommittal.

Hon. Temporary Deputy Speaker, for my guidance, Clause 84 of the Energy Bill was talking about… It may be the same. That was the Geothermal Bill and this was the Petroleum Bill. So, how could they be done at the same time?

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Member for Seme, just to indulge you, of course, we are through with that. But again, the Member was here. It was withdrawn. It is very important for us to get these processes right. And you are quite in order even to just confirm. My reply is that the recommittal was withdrawn.

Next is Order 11. Hon. Kathuri, Member for South Imenti. An hon. Member: He is not in the House. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : He is not in the House. Any other Member who wants to contribute to this? The Member for Seme is always keen to the letter. That is the kind of Members we want in this House. Any other Member? There being no other Member who wants to speak to the Kenya Coast Guard Service Bill, debate on the Second Reading has been concluded. I am not in a position to put the Question. I order that the Question to the same will be put in the next sitting at the most appropriate time.

Second Reading

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Hon. Temporary Deputy Speaker, I am not rising to move. I am actually calling that we withdraw this Bill until another date.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : You are calling to defer it?

Yes, we would want to defer this item until another allotted day. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you. It is good to go on record. The Mover, Hon. Cecily Mbarire, is calling upon us to defer the Tax Laws (Amendment) Bill (National Assembly Bill No.11 of 2018) for more preparations. The Speaker allows this. So, Order No.12 stands deferred.