Thursday, 8th June 2023

No CDF, no Budget! No CDF, no Budget! No CDF, no Budget!

No CDF, no Budget! No CDF, no Budget! No CDF, no Budget!

Ah, sawa sawa! Order, Hon. Members.

Order. Your Speaker has functioning ears and can hear you very well.

Yes!

You do not have to regurgitate what you have said. You have said it and I have heard loud and clear. Let us carry on with the business. I will pay attention to that. The Budget is coming next Thursday, not today.

Hon. Members, I have a Communication in relation to Hon. Sabina Chege, but it will come between 3.00 p.m. to 3.15 p.m. So, we can go on with other businesses.

Leader of the Majority Party. I can recall that you also promised to make a Statement today about the National Government Constituencies Development Fund (NG-CDF) .

Yes, Hon. Speaker. But if you allow me…

So, are those loud statements towards you or the Speaker?

They are well taken care of, Hon. Speaker.

Hon. Speaker, if you permit me, I would like to start with the normal Thursday Statement. Let me take this opportunity to thank Members of the Budget and Appropriations…

Order, Leader of the Majority Party. We are on Papers.

Papers?

Yes. We are on Papers.

Hon. Speaker, you must understand that when there is a chorus of “No CDF, no Budget”, you tend to rush to Statements.

Yes.

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

Reports of the Auditor-General and Financial Statements in respect of the following institutions for the Financial Year ended 30th June 2022 and the certificates therein:

Chairperson of the Departmental Committee on Justice and Legal Affairs.

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

Reports of the Departmental Committee on Justice and Legal Affairs on its consideration of the following:

Thank you, Hon. Speaker.

Chairperson, Departmental Committee on Lands.

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

Report of the Departmental Committee on Lands on its consideration of the Lands (Amendment) Bill (National Assembly Bill No.40 of 2022) . Thank you, Hon. Speaker.

Next Order. Hon. Naomi Waqo, CBS, M.P.

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

THAT, aware that National Transport and Safety Authority Act, 2012 provides for the establishment of the National Transport and Safety Authority (NTSA) ; further aware that the Authority in line with Section 4 of this Act plays a critical role in ensuring the provision of safe, reliable and efficient road transport service; concerned that there has been an alarming surge in road accidents in the recent past resulting in loss of lives, injuries and damage to properties; further concerned that the Authority has not effectively and fully performed its functions of regulating safe and reliable transport service especially in dealing with Public Service Vehicles; noting that poor maintenance of motor vehicles and lack of proper regulations are leading contributors to the marked increase in road accidents; deeply concerned that the school going children are increasingly becoming victims of these road accidents; recognising that it is the responsibility of the Authority to ensure adherence to the road traffic rules and to establish systems and procedures for and oversee the training, testing and licensing of drives, now therefore, this House resolves that the Government, through the Ministry of Roads and Transport undertakes a comprehensive overhaul of the transportation sector to provide for proper regulations of the sector and ensure strict operationalisation of the traffic regulations to provide a safer and more reliable transport sector. Thank you, Hon. Speaker.

Thank you Hon. Naomi Waqo. Hon. Geoffrey Ruku.

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

THAT, aware Kenya is an agricultural based economy with a significant portion of its population relying on farming for their livelihood; noting that the quality and quantity of crops yield in Kenya has been hampered to a large extent

by lack of adequate and quality fertilisers leading to decreased agricultural productivity and economic losses; further noting that the Government has committed to improving agricultural productivity through various initiatives including provision of subsidised fertilisers; concerned that the cost, quantity and quality of fertilisers are subsequently increased due to a number of factors among them high cost of fertilisers due to mark-up by private suppliers of fertilisers; further concerned that threat to food security is a threat to national security; recognising that government-to-government model has been noted to lower the cost of products; further recognising that there are countries willing to enter into a government-to-government agreement; appreciating that government-to- government has been proven to be effective in the provision of services that have a direct impact to citizens livelihoods including the cost of living such as supply of fertilisers particularly to countries with similar agricultural conditions as Kenya, this House, therefore, resolves that the Government, through the Ministry of Agriculture and Livestock Development and its agencies adopt:

Thank you, Hon. Speaker.

Thank you Hon. Ruku. The Chairperson, Departmental Committee on Justice and Legal Affairs.

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

THAT, taking into consideration the findings of the Departmental Committee on Justice and Legal Affairs in its report on the vetting of nominees for appointment as members of the Judicial Service Commission, laid on the Table of the House on Thursday, 8th 2023 pursuant to the provisions of Article 171 (2) (h) of the Constitution and Section 8 (1) of the Public Appointments (Parliamentary Approval) Act, 2011, this House approves the appointment of the Judicial Service Commission (JSC) :

Thank you. Hon. Members, before we move on to the next order allow me to acknowledge the following institutions in the Speaker’s Gallery: Good Testimony School, Embakasi East,

Nairobi; Mt Kenya Academy, Nyeri Town, Nyeri; and Stepping Stones Elementary School, Kajiado East, Kajiado

On your behalf and my own behalf, I welcome the institutions to Parliament. Next Order.

Leader of the Majority Party.

Hon. Speaker, I would rather start with the National Government Constituencies Development Fund (NG-CDF) .

Whichever you want.

I think in the interest of the attention of Members, Hon. Speaker, allow me to start with the Statement from the National Treasury on funding the NG-CDF and the National Government Affirmative Action Fund (NGAAF) .

In a letter dated 8th June 2023 addressed to Hon. Speaker, they said they were referring to their letter referenced AG1351, Volume 4 (76) , dated 24th January 2023. I wish to update the House on the status of the NG-CDF and NGAAF disbursements as follows:

The NG-CDF Fund was allocated Ksh47.2 billion in the 2022/2023 Financial Year. The National Treasury has so far disbursed Ksh18 billion. In addition, a further disbursement of Ksh5 billion is being processed to be released on Friday. That is tomorrow.

A further Ksh5 billion will be released on Tuesday, next week. This brings the total disbursements to Ksh38 billion. The National Treasury hopes to clear the outstanding balance of Ksh19.2 billion by close of the financial year.

The delay, in keeping up with weekly disbursements of Ksh2 billion, was occasioned by challenges in resource mobilisation both domestically and externally.

Hon. Speaker, if you can, protect me from the heckling of a senior Member like the Hon. John Mbadi…

He has the liberty to wait for me to read the Statement. He can request, as he knows, to contribute other than heckling. I am just reading what is on the Statement. Hon. John Mbadi has been here long enough to know to be a good example to new Members.

Order. Go ahead.

Hon. Speaker, I was saying the delay in keeping up with weekly disbursement of Ksh2 billion was occasioned by challenges in resource

mobilisation both domestically and externally. However, the situation has improved with the disbursement of funds from the World Bank’s Development Policy Operations Facility this week.

Two, the NGAAF was allocated a budget of Ksh2.13 billion in the 2022/2023 Financial Year. The National Treasury has so far released 50 per cent of this allocation. That is an amount of Ksh1.065 billion. It is in the process of disbursing a balance of Ksh1.065 billion, constituting the balance of 50 per cent, before the end of this financial year. As I said, that will begin with disbursements tomorrow and Tuesday, next week.

It is also worth noting that the National Treasury, in keeping with the commitment made before the Intergovernmental Budget and Economic Council (IBEC) and to the nation late last week, and the commitment this week to disburse to our county governments that from today, the National Treasury has released funds. The National Treasury is releasing funds to our county governments.

In conclusion, the National Treasury remains committed to funding the NG-CDF, the NGAAF, our county governments, and other items of interest both to the members of the public and Hon. Members of the National Assembly and the Senate. I appreciate the support and collaboration between Parliament and the Executive. The letter closes with “Yours sincerely, Prof. Njuguna Ndung’u, CBS, Cabinet Secretary (CS), National Treasury.”

Let me also add, besides that written statement, that I had an engagement with the CS, National Treasury, Professor Ndung’u from this morning up to lunchtime. He is in Naivasha with the Departmental Committee on Finance and National Planning. He committed that this Statement was coming and asked that we engage with the Director-General of Accounting Services, Mr. Ndung’u. We have engaged him over lunch hour. He has confirmed that, indeed, by tomorrow and as they have committed, he is making arrangement to disburse the Ksh5 billion. They will have disbursed another Ksh5 billion by Tuesday, next week.

They commit and mention the challenges of resource mobilisation. We are all aware of the challenges since we all live in this country. There have been challenges with the Exchequer. There has been challenges with receivables in Government. He has committed that they will continue to mobilise resources because of the support on the facility they have received from the World Bank and the tax collections they have made. With that, they will be able to disburse all NG-CDF money for this financial year, and no amount will be carried forward to the next financial year. I think that is very important so that we do not have arrears. As you are aware, the Budget and Appropriations Committee also allocated some money towards clearance of arrears. They have also indicated that they will clear those arrears. They do not intend to carry forward arrears from this year into the next financial year. He has committed that they will endeavour to achieve that. He asked me to ask Members of Parliament to indulge them. He also asked me to thank you for your patience over that time because many of our constituents have been suffering without disbursement of NG-CDF money.

I was in my constituency over recess and visited at least three schools. As a result of the heavy rains, their pit latrines collapsed. Children in those schools are now using semi- permanent pit latrines because we did not have even emergency funds. We had cleared all our emergency money. Therefore, like every Member of this House, I look forward to the disbursement of this money. Hopefully, by the end of next week, I can promise something to the children of Karai Day Secondary School, Gathiru Primary School, and one other school which I cannot remember off head, who have requested for emergency funding for toilets and other needs, including bursaries. This should assuage.

Hon. Speaker, if you allow me, let me also plead. I do not do this on behalf of the National Treasury. I do it as a leader in this country. It is very easy to say things that will excite the masses out there but we all live in this country, we lived in this country before this year, and we know the situation of our economy. Even as we engage the Report of the Budget and

Appropriations Committee this afternoon, let it be at the back of our minds that for whatever expenditures we are discussing, including NG-CDF because it is in that Report, we once got to a point where we had to take a haircut on NG-CDF. Hon. John Mbadi will remember this was back in 2018. It is good that amidst all the difficulties, we have not had to take a haircut on either the NG- CDF or any other government project, at least in the last two years. That includes the Ksh900 billion committed to roads over the last five years. This government has indicated that it intends to finance all those roads across the country without discriminating whether this project is in Kikuyu, in John Mbadi’s former constituency, or in the constituency of the Leader of Minority Party. That is so that we mobilise resources.

Hon. Speaker, I have seen some very good analysts on our TV stations saying that the first thing to do is to cut on expenditure completely. That we should stop all development projects. Those who have been to a class of economics like Hon. Babu Owino will tell you that you would be shooting yourselves right in the middle of your big toe if you were to do that. We will not be able to walk, as a country and as an economy. It is these development projects that spur economic growth in our country. When roads are being constructed in your constituencies, they create employment and people are therefore able to raise more taxes because they have disposable income. If we were to go that route, as I have seen some analysts on television encourage us to, and I say this because this afternoon, and I know we were here up to 9:00 p.m. yesterday, and many of us were not here… We have the Second Reading of the Budget and Appropriations Report.

As we contribute, it is good we have that at the back of our minds that even analysts who seem knowledgeable on television, I must say that some are ignorantly knowledgeable. You just need to have attended a basic economics class to know that if you are to cut down on Government expenditure… Government is the single largest spender of resources and without disbursement of resources from Government, be it at the national level or at the county level, this economy will come to a standstill. Even as we consider this Budget and Appropriations Report, at the back of our minds, we must also know that what we will finance is what will be before us when the Departmental Committee on Finance and National Planning finally tables its report.

Without much more on that matter, if you allow me to move to the second Statement, my usual Thursday Statement on the House Business Committee (HBC)…

(Hon. Millie Odhiambo-Mabona rose on a point of order)

Hon. Millie Odhiambo, what is the point of order?

Thank you, Hon. Speaker. I want to thank the Leader of the Majority Party for presenting that. Before I raise my point of order to laud him for acknowledging the ‘last two years,” and I hope he has taken note that I am underlining the words “last two years,” the NG-CDF was not reduced. I am glad that he is also acknowledging the challenges of running a Government. He has always been complaining and now, he is on the receiving end.

Having said that, I just wanted the Leader of the Majority Party to clarify something. He has indicated that the World Bank has given some money. He has further said that, today, money is going to be disbursed to the counties. Every day, we sit here and money is disbursed to the counties but we shoot ourselves on the foot because we are the ones who prepare the budget, and yet there is no money allocated to the NG-CDF. Why are we not prioritising NG- CDF, the NGAAF and ourselves? Why are we treating ourselves as children of a lesser God?

Yes, second class citizens, and we are the ones who are in charge of the Budget? Could the Leader of the Majority Party please, explain why that money from the World bank cannot be prioritised to us?

Secondly, why are we putting counties ahead of the NG-CDF yet people are suffering in the counties? I am glad you have said that your toilets are down. Our toilets are also down. The roofs of our classrooms are down because of the rains and the roads are completely messed up. Why are we not prioritising NG-CDF? I am annoyed until I am now getting a Kikuyu accent. Can you please, explain to us why you are not prioritising us?

Thank you. (Laughter)

Leader of the Majority Party, go on with your next Statement.

Hon. Speaker, Hon. Millie says she is getting a Kikuyu accent with the word “prioritising”.

Mr. Ndung’u is watching our debate. He has just sent me a text saying they are sending Kshs5 billion today and next week for both NG-CDF and NGAAF. He will disburse the funds today but it will hit the accounts of the Board tomorrow. Maybe, I had not got that right. As Hon. Millie has asked, it is indeed true, prioritisation is with NG-CDF and money to the counties. As I have indicated, counties are being funded and NG-CDF is second. I hope it is now clear that there is that prioritisation.

Order. That Statement on NG-CDF is self-explanatory. The only person who raised the issue was Hon. Robert Mbui. After he finishes his second Statement, I will give you two minutes to make a comment and close it there.

Thank you, Hon. Speaker. I wish to welcome back all Members once again after the long recess.

On the same matter, Hon. Masara?

Hon. Speaker, for the first time, I have heard the Leader of the Majority Party call the President of the Republic of Kenya, William Ruto. Are you, in any way trying to tell us that you have removed other titles, now that you are discussing NG-CDF, Mr. Ichung’wah?

It is quite out of order for you, the Leader of the Majority Party not to use all the titles somebody has earned. It seems things are not right with the Leader of the Majority Party.

Order. That is the most frivolous point of order.

Thank you, Hon. Speaker. You must appreciate Hon. Masara. At least, he is no longer protesting and saying that he does not

recognise His Excellency, President, Mr. William Samoei Arap Ruto as the President. At least, he appreciates that the President is Dr. William Samoei Ruto.

Hon. Speaker, I wish to welcome back Members after the long recess. I trust that you are all well and refreshed for this part of the Second Session.

As Members are aware, the Cabinet Secretary for Education, Hon. Ezekiel Machogu, CBS, appeared before the National Assembly Plenary to answer questions on education matters yesterday, Wednesday, 7th June 2023. I would like to thank Members for their continued active participation in this process.

With regard to the Business for next week, the HBC has scheduled debate on Special Motions on Consideration for a Nominee for Appointment as the Director-General of the National Intelligence Service and two Nominees for Appointment as Members of the Judicial Service Commission for next Tuesday.

The House is also expected to continue with debate on the Second Reading of the Statute Law (Miscellaneous Amendments) Bill, 2022, and the following Motions should they not be concluded today:

Hon. Members, I wish to acknowledge students seated in the Public Gallery: Miharati Boys High School, Kipipiri Constituency, Nyandarua County; Moi High School Kabarak, Rongai Constituency, Nakuru County; and Arokyet Girls High School, Bureti Constituency, Kericho County.

On my behalf and that of this House, I wish to welcome the students and their teachers to Parliament.

Hon. Wanjiku Muhia has asked me for a minute to welcome a school from her Constituency. I am giving you exactly a minute.

Thank you, Hon. Speaker.

I take this opportunity to welcome Miharati Boys High School. It is one of our great schools from our Sub-County Headquarter in Kipipiri Constituency.

They could not have visited this National Assembly a better time than during Budget; and now, they have heard from the Leader of the Majority Party. They now have good news to take home. Go and inform your parents that the NG-CDF will be disbursed tomorrow, and we will kick-start the construction of your long awaited computer lab; and on its completion, we shall ask the Leader of the Majority Party to come and open it so that you can relate your trip in the National Assembly and this Year’s Budget.

Thank you.

Hon. Robert Mbui, I am giving you two minutes

Thank you, Hon. Speaker. First, I want to clarify that even as I raised this Question in the last Assembly, this issue of NG-CDF is not an issue of Members of Parliament. Sometimes, the public get confused. Members of Parliament are interested in ensuring that this money goes to the Constituencies for development.

I want to thank the Leader of the Majority Party for highlighting some of the challenges that he is having. My concern however, is on the dignity of the House. The Cabinet Secretary of the National Treasury has already given two letters confirming that Ksh2 billion would be disbursed every week. He, however, failed the first and the second time. Simple English tells me that once beaten twice shy. I do not want to be shy for having been beaten twice.

Hon. Speaker, for two times, we have not got the results we wanted; and as we discuss the Budget, it is clear that we need to appropriate the funds. The other one is to ensure that there is prudent expenditure of the same. We are just a month away to the end of the financial year; and from what the Leader of the Majority Party has told us, 38 per cent of this money has been released in the last 11 months. He now wants us to believe that we will get 62 per cent within a month.

Hon. Speaker, we are the ones dealing with the Budget. If we do not get NG-CDF, NGAAF and money for the counties for this financial year, maybe we should suspend debate on the Budget until such a time when this money hits our accounts. You can call us on Saturday, Sunday or any other day and we will come and continue. However, let us give them an opportunity to put the money in our accounts because what they are promising to do in a month, they can do it in a day if they are willing. My proposal is, if there is no NG-CDF, money for counties and NGAAF then there is no Budget.

Hon. Robert Mbui, you brought a noble request. I could have easily said that you go and talk to the National Treasury. I directed the Leader of the Majority Party to bring you a response which he has, and he has said that they are disbursing the money. The debate on the Budget is ongoing and the Question will not be put today because we have up to next week. I, therefore, want to encourage you that that extremist position is unhelpful and we do not encourage it. When we reach the Order, we will carry on with the debate. We will robustly debate as we have always done. The Budget Statement will be presented to this House on Thursday. It falls within the period within which the Leader of the Majority Party has said.

What I thought you would be negotiating on is when the money is disbursed; the Regulations say that end of the Financial Year truncates every expenditure; you ring fence that money to carry on with the programmes and if it is safe, you do not have to worry.

I encourage you to engage with the Leader of the Majority Party. If you have any issues then you can refer them to me. I have constantly gone beyond my call of duty as your Speaker to engage the National Treasury to disburse funds for your millage claims, your subsistence and other things that encourage us to run the House.

With that, I beseech you to also be fair and patient. I thank you for raising the issue because it has elicited a response that looks positive. It may be inadequate, but it is positive.

Hon. Ichung’wah…

general comments on the proposals contained in the Memorandum by His Excellency the President. (Moved by Hon. Kimani Ichung’wah on

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

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across the country, the National Treasury submits a report to the National Assembly showing the distribution of national projects across all counties over the last three financial years by 30thSeptember 2023. This will facilitate the National Assembly in its ongoing efforts to enhance equity in distribution of national resources.

the three projects under a Public Private Partnership (PPP) framework by 31st December 2023. The PPP framework should clearly state the measures put in place to manage the associated risks and contingent liabilities.

school fees for continuing Government of Kenya (GoK) sponsored students in private universities to avert dropout cases.

Environment, Forestry and Mining (36)

Communication, Information and Innovation (52)

Ksh88.856 billion to meet various expenditure shortfalls. However, due to prevailing resource constraints and the need to contain the fiscal deficit within a certain limit, most of these requests could not be financed.

The Member for Wajir North Constituency was on the Floor. You have a balance of four minutes. Proceed.

Thank you, Hon. Speaker. Let me proceed from where I was interrupted yesterday, in supporting the Report of the Budget and Appropriations Committee. The Budget Estimates entrench equity and sustainability in both tax and expenditure. This was first and last seen during Kibaki’s term in the Vision 2030 and the Economic Stimulus Programme. More so, these are fundamental principles in our Constitution.

Hon. Speaker, the situation of fiscal management in our nation that has been built over time since Independence is critical. There was failure to rationalise the two tiers of Government, namely, the national and county governments.

I cannot hear. There is too much noise.

Order, Hon. Members. Order! The Whip of the Majority Party, will you take your seat, please?

Thank you, Hon. Speaker. I was saying that we are in a very critical situation in the fiscal management of our nation that was built in terms of tax management, corruption, and wastage since Independence. There has been failure to rationalise the two tiers of Government — both national and county — in terms of size and operations since 2010. This was further exhibited by the handshake which led to stalled projects and indiscriminate borrowing. These are serious times which can make or break this nation. We are in a very hard situation and this demands for our collective support in order to find a sustainable situation.

The elephant in the room is the diminished public trust in our institutions. There are grievances concerning inability to tame economic indiscipline, inequity, marginalisation, discrimination in terms of enforcements and use of public resources, corruption in all forms and public resource wastage.

On the equity and sustainability, though I am not a finance expert, I believe the regulations and administrations set within the Budget Estimates guarantee that there is tax balance between the haves and have-nots. At least, the major corporates have been brought on board to make sure that they pay substantially. There is also zero-rating of food production, fertilisers, and all other technologies. Also, there is stringent tax administration to counter avoidance and evasions of tax payments.

Further, the sustainability of tax principle is more visible in the expenditure perspective. The Government has been implementing development and investment initiatives along the railway line since 1963. There is skewed distribution of development initiatives. There are disparities in terms of resource allocation. Equity has not been…

Your time is up. Member for Chuka/Igambang’ombe, Hon. Patrick Ntwiga.

Hon. Patrick Ntwiga (Chuka/Igambang’ombe, UDA) : Thank you, Hon. Speaker. I rise to support this Report on the 2023/2024 Budget Estimates as tabled by the Budget and Appropriations Committee. The Report proposes to increase allocation to the health sector from Ksh140 billion to Ksh141 billion. This support will build a progressive, responsive and sustainable healthcare system for accelerated attainment of the highest standards of health for Kenyans. This will guarantee a healthy, productive and globally competitive nation for sustainable economic growth and development.

In order to realise this, the Committee remains committed to the actualisation of the Universal Health Coverage (UHC) through implementation of the National Health Insurance Scheme (NHIS) . We want to transform the National Hospital Insurance Fund (NHIF) from being an insurance scheme to a social scheme so that we can cover all Kenyans under the UHC programme. The Departmental Committee on Health is focused on ensuring Kenyans access quality health services through consistent supply of health commodities.

There have been issues at the Kenya Medical Supplies Agency (KEMSA) . We have addressed the issues to make sure commodities reach Kenyans, to enhance the capacity of the human resource and to provide integrated health information system and social insurance to

targeted vulnerable households. In an effort to change buyers from curative to preventive and promotive health, the Government is focused on strengthening primary healthcare through resourcing primary health facilities, establishing primary care networks and strengthening community health services. This means we want to move this country more from concentrating on curative to preventive and promotive healthcare. We need to save on the money spent on curing diseases that we can prevent.

It is against this backdrop that the Committee approved the allocation of Ksh1 billion for recruitment of 44,444 community health volunteers who will steer the revitalisation of primary healthcare in the country. In establishing community health networks, we need community health workers who will be in charge of households, so that we can detect diseases and health problems in the community as they arise. The proposed budget for the Financial Year 2023/2024 is prepared based on the BETA approach. That is the Bottom Up Economic Transformation Approach of the Kenya Kwanza Government. It sets out the priority programmes and reforms to be implemented. The agenda is geared towards economic turn- around and inclusive growth and it aims to increase investment in five sectors. It is against this backdrop that the Departmental Committee on Health approved Ksh20 billion for the BETA model. This includes increasing accessibility to UHC and local manufacturing of vaccines.

We realised that 60 years after Independence, we buy all vaccines from outside the country yet Kenya has the capacity to produce its vaccines. As a Committee, we want to empower the Ministry of Health so that Kenya can start producing its own vaccines and stop all importations. We also want to digitalise health records in this country so that we can know our health statuses and the diseases to concentrate on, and what causes what disease in whichever area.

I beg to support this Report. On behalf of the Departmental Committee on Health, we thank the Budget and Appropriations Committee. Thank you.

Thank you. Hon. Nabii Nabwera.

Thank you, Hon. Speaker. Having looked at the Budget Estimates for the 2023/2024 Financial Year and noting that I am a Member of the Departmental Committee on Education and the Public Accounts Committee, I have various issues to raise. There is only one teacher in every Junior Secondary School (JSS) class. Instead of increasing money allocated to the education sector, we are doubling the money allocated to the Office of the President, the National Intelligence Service (NIS) and the Office of the Deputy President. I have a problem with that. We are not being sensitive to the Kenyan child. We are not being sensitive to the times that we are living in.

The second problem I have with this Budget is about the amount of money allocated to the infrastructure sector. The Constitution of Kenya provides that expenditure must be equitable and Government programmes must be implemented in all parts of the country. The money that is going to fund infrastructure is going to sections of the country at the expense of others. The question I keep asking is: Are these people paying taxes or not?

The third point on this Budget is in the energy sector. I come from a constituency where 37 education institutions are not connected to electricity despite the fact that this House passed a Motion that all educational institutions must be provided with electricity. When I look at the budget lines, I do not see my constituency and other constituencies where schools are not connected to electricity. I am persuaded to think, unless advised otherwise, that the increase in the money allocated for defence indicates that as a Government we are encouraging the problem in the Rift Valley. We are funding bandits. If not, what reason do we have to increase money for defence at the expense of the Kenyan child?

I come from a constituency that has been marginalised in terms of development for many years. There is a road called C44 which connects five counties, namely, Uasin Gishu, Kakamega, Bungoma, Trans Nzoia and Nandi. This road has been launched four times - twice

by the former President, Mwai Kibaki and twice by the Jubilee Government. When the current President was the Deputy President, he came to launch the road at Pan Paper. There is no single cent in the Estimates allocated for Road C44. Are we not Kenyans?

I have an issue with land. When I look at this Budget, I get concerned. The other day, I saw a letter from the Cabinet Secretary for the National Treasury and Economic Planning asking the Cabinet Secretary for Lands to excise two forests. And there is provision for those two forests in this Budget. Unfortunately, squatters living in Mautuma were given land in 1992 while those living in Manzoni Forest in Turbo have not been provided for. What kind of country marginalises one section and provides for another?

Hon. Speaker, I support the Estimates with amendments at the right time.

Thank you. Order, Hon. Members. Allow me to stay this debate, go back to Order No.2 and deliver the following Communication.

Hon. Members, you will recall that on Thursday, 4th May 2023, I issued a Communication on the Replacement of the Deputy Minority Whip. In that Communication, I guided the House that the communication received from the Minority Party with regard to the replacement of Hon. Sabina Chege as the Deputy Minority Whip was incomplete when viewed against the requirements of Standing Order 20A. Consequently, I granted the Minority Party a period of 30 days within which to convey the appropriate communication on the replacement of its Deputy Minority Whip, if it so wished. I now wish to update the House on further developments that have taken place with regard to the matter since my Communication of 4th May 2023.

Firstly, my office is in receipt of letters dated 4th May 2023 from the Jubilee Party terminating the membership of Hon. Kanini Kega and Hon. Sabina Chege. The letters are addressed to the Office of the Registrar of Political Parties and the Speaker of the National Assembly. In relation to the said termination, my office has further been copied in correspondence from the Office of the Registrar of Political Parties dated 8th May 2023, requesting for particulars from the Jubilee Party on the process leading to the termination of the membership of Hon. Kanini Kega and Hon. Sabina Chege.

Secondly, my office was copied in correspondence dated 2nd June 2023 between the Jubilee Party and the Azimio la Umoja One Kenya Coalition. In the correspondence, a Mr Nelson Dzuya, who signed off as the National Chairperson of the Jubilee Party, requested the Speakers of Parliament to refrain from effecting changes to the leadership of Parliament and Committee membership pending the determination of a dispute between the party and the Azimio Coalition.

Thirdly, and of most importance, on 31st May 2023, my office also received a letter from the Leader of the Minority Party, Hon. James Opiyo Wandayi, MGH, communicating the election of the Member for Embakasi West, Hon. Mark Mwenje, as the Deputy Minority Whip. In his letter, the Leader of the Minority Party conveyed that the election was done at a meeting held by the Minority Party on Tuesday, 30th May 2023. Further, the Leader of the Minority Party indicated that the letter was a follow-up to his earlier letter dated 6th April 2023, which notified the Speaker of the removal of Hon. Sabina Chege as the Deputy Minority Whip.

Members, take the nearest seats. Thank you.

Hon. Members, in keeping with the requirements of Standing Order 20A, the letter from the Leader of the Minority Party, accompanied by minutes of the meeting at which the removal and replacement of the Whip was done, and a record of the membership of the Minority Party present at the meeting, suffices to effect the changes sought by the Minority Party.

Fourthly, my office has also been served with a court order issued on Tuesday, 30th May 2023 in Kiambu High Court Petition No.E025 of 2023. The parties to the matter in question are the Association of Friends of Youths and Women as the Petitioner, and the Speaker of the National Assembly, the Clerk of the National Assembly, the National Assembly, and the Attorney-General as Respondents. In the Petition, the Petitioner argues that Standing Order 20A(4) of the National Assembly Standing Orders does not clearly outline the process for the removal of a whip or a deputy whip and is, therefore, contrary to Articles 10, 47, 73(2) and 236 of the Constitution.

For the benefit of Members, the Orders issued by the Court in the matter are as follows, and I quote—

Hon. Members, the Constitution has distributed sovereign power to the three arms of Government in a very deliberate manner. Through a robust system of checks and balances, the Constitution has granted each arm sufficient powers to discharge its mandate and defend itself from unwarranted intrusion from either arm at the same time. For Government to work in a harmonious fashion, each arm ought to refrain from inordinately wading into the internal affairs of its counterparts.

With regard to the affairs of the Legislature, the Executive may make general legislative proposals, but Parliament is solely vested with the mandate of enacting laws. Similarly, though the court is granted powers to enforce and interpret the Constitution, it normally refrains from interfering with the internal processes of the Legislature.

Order, Hon. Mbadi and Hon. Sabina Chege. (Laughter) Consequently, courts have only exercised their supervisory jurisdiction to review the quasi- judicial and administrative functions of Parliament when either vetting or considering petitions for removal of persons from office.

However, courts have always refrained from interfering with the law-making powers of Parliament. They have consistently limited themselves to reviewing the content of Bills after their enactment into law. Indeed, any interference of the court in consideration of a Bill that is actively before the Legislature would constitute a striking departure from established constitutional precedent and practice both in the Commonwealth and the Congressional systems.

This is a matter in which both the court itself and my predecessors have ruled on. In South Africa, the court has held as much in the celebrated case of Doctors for Life International vs The Speaker of the National Assembly and Others CCT 12 of 2006 ZACC 11. In declining to interfere in the consideration of a Bill, the court held that the South African constitutional scheme contemplates that challenges to the constitutional validity of a Bill passed by Parliament must await the completion of the legislative process.

Hon. Members, with the foregoing distinction in mind, I note that the House has been taken before the courts, including by its own Members, and they have ruled both in favour and against this House. The House will recall that in the 11th Parliament, the Leader of the Minority Party, Hon. James Opiyo Wandayi, successfully challenged his suspension from the service of the House for the remainder of the Fourth Session. In his suit, the Member for Ugunja challenged provisions of the Standing Orders on the fairness of the penalties relating to disorderly conduct and their effect on the constitutional right of a Member to represent his or her constituents. The litigation by the Leader of the Minority Party significantly contributed to the amendments made to the Standing Orders to provide for different categories of disorderly conduct, graduated penalties ranging from suspension for a day to a maximum of 90 calendar days and an appellate process.

During the same 11th Parliament, Members will also recall that the court injuncted the Departmental Committee on Finance and National Planning and the Departmental Committee on Lands from considering Petitions submitted to the House for the removal of the then Auditor-General and Chairperson of the National Land Commission (NLC), respectively, pursuant to the provisions of Article 251 of the Constitution. Despite the disaffection of the House and the presidium with the orders granted in the foregoing cases, the House nevertheless observed the directions issued by the court and halted its quasi-judicial and administrative processes. Notably, in guiding the House on the order issued with regard to the Petition for the removal of the Auditor-General, my predecessor - Hon. Justin Muturi - rightly noted that the only avenue available in law to express disagreement with a judicial finding is an appeal against the decision of the court.

Hon Members, in this 13th Parliament, I had an occasion to uphold my predecessor’s guidance in relation to court orders made against the House and its committees in relation to the exercise of quasi-judicial and administrative functions. Members will recall that on 15th November 2022, the Employment and Labour Relations Court granted conservatory orders staying the vetting of nominees for appointment as principal secretaries in Constitution Petition No.E186 of 2022, Dr. Magare Gikeni versus the President of the Republic of Kenya and 55 others, and in Constitution Petition No.E192 of 2022, Law Society of Kenya versus the National Assembly and 4 others. In deference to the directions of the court with respect to the applicable administrative processes, I notified the House of the suspension of the vetting

process despite the discomfort that the decision caused to the business of this House. Immediately thereafter, I instructed our litigation counsel to challenge the orders in court.

As your Speaker, I remain cognisant of the obligation imposed on me by Article 3 of the Constitution to respect, defend and uphold the Constitution in guiding the proceedings of the House. On one hand, the Minority Party has met all the procedural requirements to effect a change of its leadership. On the other hand, I am confronted by a court order that has specifically cited both the Speaker and the House as parties to a judicial process that seems to challenge an administrative process. Despite the sympathies I may hold for the predicament that the Minority Party finds itself in, this House has consistently demonstrated its willingness to abide by the orders of the court relating to the exercise of its quasi-judicial and administrative functions. Even where certain orders have been adverse to the interests of the House, we have dutifully obeyed them and sought to set aside the orders that we were not in agreement with.

Hon. Members, from the foregoing, my hands are, therefore, tied with regard to the court order that has been brought to my attention. Until and unless further information is provided that this order has been varied or set aside, the court order effectively suspends the decision by the Minority Party on the replacement of Hon. Sabina Chege as the Deputy Whip of the Minority Party. As a seasoned legislator and experienced party leader, my heart sinks whenever I see a dispute that may be resolved through internal dispute resolution mechanisms being referred to an adversarial court system. In my experience, court battles may be counter- productive and ultimately destroy long-standing political relationships.

(Applause) I encourage the Minority Party and Jubilee Party to seek an amicable resolution of the bone of contention within the Coalition and between the Members of its constituent Party. I am confident that an amicable resolution of the issues shall positively contribute to the continuity of the business of the House and its vibrancy.

In issuing my Communication of 4th May 2023, I guided that I was hesitant to recognise the Jubilee Party as a parliamentary party, despite it meeting the threshold prescribed under the Standing Orders. At this stage, I am still hesitant to recognise the Jubilee Party….

It is so ordered.

Order! Hon. Millie and Hon. Sabina Chege will leave the Chamber. Order, Hon. Millie!

Order, Hon. Members! Take your seats.

Order, Hon. Members! Take your seats. Order, Hon. Members! Hon. Kajwang’, you can do better than that. Order, Hon. Millie!

Order! Orderlies, I order Hon. Rozaah Buyu and Hon. Millie Odhiambo to leave the Chamber. Hon. Rozaah Buyu and Hon. Millie Odhiambo, leave the Chamber!

Hon. Rozaah Buyu and Hon. Millie Odhiambo, leave the Chamber!

You will leave the Chamber. Hon. Rozaah Buyu and Hon. Millie Odhiambo, you will leave the Chamber. Serjeant-at-Arms, will you ensure the two Members are out of the Chamber?

Serjeant-at-Arms, can you enforce the order of the Chair? Hon. Kajwang’, take your seat.

Order, Hon. Members. Hon. Mbadi, you are the seniors of this House. You can do better. Hon. Kajwang’, take your seat. I will hear you. I want to see Hon. Rozaah Buyu and Hon. Millie leave the Chamber. Serjeants-at-Arms, can you take the two Members out?

Serjeant-at-Arms, will you take out the two suspended Members? Hon. Kajwang’ you will also follow. You will also follow.

Order, Hon. Members! Take your seats. Order, Hon. Members!

Hon. Mbadi, call for me Hon. Opiyo Wandayi.

Order, Members. Serjeant-at-Arms! Order, Hon. Members! Hon. Members, as you are aware, the Sitting of this afternoon was suspended for 15 minutes. This was occasioned by actions and utterances by various Members of the House. Contrary to Standing Order 107 and 107 (A) , the said Members specifically, among other things, defied a ruling of the Hon. Speaker, made disruptive utterances, used violence against a Member of this House, and acted in a manner to the serious detriment of the dignity of the House. Hon. Members, I wish to advise you that, at all times, we need to observe decorum in the House and safeguard the dignity of the House.

Hon. Members, as your Speaker, I am saddened at what I have witnessed this afternoon. I have consistently refrained myself from invoking Standing Orders relating to the discipline of the House. Following what has happened this afternoon, I direct as follows.

The following Members, having flouted the Standing Orders of the House by menacing each other, shouting at the Chair, and making all manner of unprintable utterances, I will, therefore, invoke the provisions of Standing Order 107 (1) (a) on gross disorderly conduct. The following Members are guilty of gross disorderly conduct:

On a point of order, Hon. Speaker.

What is the point of order, Hon. Murugara?

Thank you very much, Hon. Speaker. We were in the middle of debating the Motion on the Budget Estimates. Most of the Members whom I have spoken to are in agreement and in support. Under Standing Order 95, I do apply to you, Hon. Speaker, to allow the Mover to reply.

Order, Hon. Members. I will go ahead and put the question.

Thank you very much, Hon. Speaker. I thank all the Members who have contributed to this debate and Motion on the Budget Estimates for Financial Year 2023/2024. As you have noted, there are many proposals on how we will be expending our resources.

We are taking 30 per cent of our Budget, which is Ksh630 billion, to education. We have put monies to buy fertilisers to our farmers. We have also allocated Kshs3 billion to finish the on-going Economic Stimulus Programme (ESP) markets, and many more proposals. I have listened to Members and benefitted from their opinions and contributions. I want to assure them that these Budget Estimates will be implemented to the letter so that we can continue serving the people of Kenya through this Budget.

Division! Division!

Next Order! Order, Hon. Members! Take your seats. Hon. Members, you very well know the rules that apply and govern divisions, and you have not observed them. You have not observed the rules and you have no capacity to call for Division on this matter.

Next Order.

Chairman of the Departmental Committee on Environment, Forestry and Mining.

Hon. Speaker, I beg your indulgence because the Chairman of the Departmental Committee on Environment, Forestry and Mining is not in the House. I, therefore, beg that you adjourn that particular Motion until a time when the Chairman is available. He was engaged elsewhere.

I beg your indulgence and ask that the business be stepped down today.

(Hon. Speaker spoke off-record) Thank you, Hon. Speaker. I had indicated that the Chairman of the Departmental

Committee on Environment, Forestry and Mining is away from the House this afternoon, and

(Motion deferred)

Hon. Members. Orders No.10, 11 and 12 are stepped down for this afternoon.

Next Order.

General Meeting, held in Doha, Qatar, from 8th to 9th March 2023, laid on the Table of the House on Wednesday, 26th April, 2023. Leader of delegation to this United Nations Convention. Is he in the House? Is Hon. Shakeel Shabbir in the House? The matter is also stayed.

(Motion deferred)

Leader of the Majority Party, are you ready to move?

Hon. Speaker, as indicated in Order No.14 on the Miscellaneous Statute Amendment Bill, there are still two Chairpersons of Committees who are yet to finalise their Committee Reports, and we had not intended to reach to this Order in the course of this afternoon. I, therefore, seek your indulgence to also step it down for today.

On a point of order, Hon. Speaker.

Hon. Leader of the Minority Party, you call for a point of order when something is out of order. However, you are calling for a point of order when you yourself is in a disorderly position. You have remained standing throughout the proceedings, contrary to the Standing Orders. You have countenanced an unlawful choir in the House as the proceedings are going on. You cannot benefit from the Standing Orders if you do not observe them.

Hon. Members, we have come to the last Order of the day.

(The House rose at 5.04 p.m.)

Hon. Members, the time being 5.04 p.m., the House stands adjourned until Tuesday, 13th June 2023 at 2.30 p.m.

Published by Clerk of the National Assembly Parliament Buildings Nairobi