Thirteenth Parliament – First Sitting

(The National Assembly met at 9.00 a.m. at the Main Parliament Buildings)

PRAYERS

COMMUNICATION FROM THE CHAIR

WELCOME ADDRESS BY THE ACTING CLERK

The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members-elect, you may be seated. Those standing, please, take your seats. Having looked at the number of Members- elect present in the House this morning, I can confirm that we have the requisite quorum necessary to transact the business before the House as set out under Article 121 of the Constitution of Kenya.

Hon. Members-elect, I have the following Communication to make:

on behalf of the staff of the National Assembly and on my own behalf, I wish to welcome you all to this First Sitting of the National Assembly of the 13th Parliament. I take this opportunity to particularly welcome back all Members who have been re-elected from previous parliaments.

I also extend a special welcome to the Members joining the National Assembly for the very first time.

Congratulations to you all on your election as Members of this august House. Hon. Members-elect, Standing Order No.3 of the National Assembly Standing Orders provides as

follows:

3(1) On the first sitting of a new House pursuant to the President’s notification under Article 126(2) of the Constitution, the Clerk shall—

1. read the notification of the President as published in the Gazette;
2. lay a list of the names of the persons elected as Members on the Table of the House; and
3. administer the Oath or Affirmation of Office provided for in the Third Schedule to the Constitution to all Members-elect present in the House in the order set out in paragraph (3). Hon. Members-elect, His Excellency the President of the Republic of Kenya and Commander-In-Chief of the Defence Forces, pursuant to the provisions of Article 126(2) of the Constitution, notified this First Sitting of the National Assembly of the 13th Parliament through a Gazette Notice No. 10527 of 5th September, 2022. (Several Members-elect walked into the Chamber) Members at the Bar, please, take your seats. Hon. Members-elect, please, take your seats. In accordance with the provisions of Standing Order No. 3 (1) (a), I now wish to read the Notification of His Excellency the President as published in the Gazette Notice dated 5th September

1. I quote: “In exercise of the powers conferred by Article 126(2) of the Constitution of Kenya, I Uhuru Kenyatta, President and Commander-in-Chief of the Kenya Defence Forces, appoint that the First Sitting of the National Assembly shall be held at the Main Parliament Buildings in the National Assembly Chamber on 8th September 2022 at 9.00 a.m.” Accordingly, Hon. Members- elect, this sitting is properly convened. Hon. Members-elect at the Bar, you may please take your seats. (Several Members-elect walked into the Chamber) Hon. Members-elect, in accordance with the requirements of Standing Order No. 1(3) (b), I will now proceed to lay on the Table of the House, a list of the names of persons elected as Members to the National Assembly as published in the Kenya Gazette by the Independent Electoral and Boundaries Commission (IEBC) vide Gazette Notice No. 9948 of 23rd August 2022, Gazette Notice No. 10533 of 6th September 2022 and Gazette Notice No. 10537 of 7th September
2. Hon. Members-elect, it is notable that these Gazette Notices exclude the name of one person nominated under Article 97(1)(c) of the Constitution. The IEBC indicated in the Gazette Notice No. 10537 of 7th September 2022 that the slot is unallocated due to an interim restraining court order. This notwithstanding, I am guided by the provisions of Articles 121 and 124 (3) (a) of the Constitution providing for Quorum and the proceedings of the House respectively. Permit me, Hon Members-elect, particularly to re-state the provisions of Article 124 (3) (a) of the Constitution, which is relevant in the circumstances and which provides as follows: 124 (3) The proceedings of either House are not invalid just because of—
   1. A vacancy in its membership. I will now guide the House on the procedures to be followed in the Administration of Oath or Affirmation of Office. Standing Order No. 3 (3) requires the Clerk of the National Assembly to administer the oath or affirmation of office to Members of the House in alphabetical order using the following order of precedence:
1. A Member-elect who has served in the House as
   9. Speaker.
   10. Leader of the Majority Party.
   11. Leader of the Minority Party.
   12. Deputy Speaker.
2. Members-elect with the longest cumulative period of service in the National Assembly.
3. Members-elect with the longest cumulative period of service in the National Assembly, Senate or the East African Legislative Assembly (EALA)
4. Members-elect with the longest cumulative period of service in the Senate.
5. Members-elect with the longest cumulative period of service in the East African Legislative Assembly (EALA) and,
6. All other Members-elect. In this regard, Hon Members-elect, I would like to confirm that I have, in accordance with the above provisions, prepared the list containing names of all Members-elect as published by IEBC in the gazette notices I have referred to. I, therefore, direct the Deputy Clerk to lay on the Table of the House the list of Members-elect in the order of precedence prescribed under Standing Order No. 3(3). (Hon. Members-elect stood at the Bar) Hon. Members-elect, please, come in and take your seats. (Several Members-elect walked into the Chamber) (The list of names of Members-elect was laid on the Table) Please, take your seats so that we can proceed. I will now allow the Chief Serjeant-at-Arms to immediately distribute copies of the list of Members-elect, in order of precedence to you. Hon. Members-elect, do you now have the list of precedence? We need to continue. Please, take your seats so that we continue. We need to continue. Hon. Members-elect, Standing Order No.3(2) provides that pursuant to Article 74 of the Constitution…

I request Hon. Members-elect to consult in low tones. Hon Members-elect, Standing Order No.3(2) provides that pursuant to Article 74 of the Constitution, no person shall assume or perform any functions of a Member before taking and subscribing to the oath or affirmation of office provided under paragraph (1).

Hon. Members-elect, please let us maintain silence and order. Article 74 of the Constitution, which is actualised in the above Standing Order, states as

follows:

“Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe to the oath or affirmation of office, in the manner and form prescribed by the Third Schedule or under an Act of Parliament.” Hon. Members-elect, the office of a Member of Parliament is among those defined as a State office under Article 260 of the Constitution. As such, unless a person elected to this House takes and subscribes to the oath or affirmation of office prescribed by the Third Schedule of the Constitution, he or she cannot assume or perform any functions associated with the office of a

Member of the National Assembly, including the functions of electing the Speaker and the Deputy Speaker, for purposes of today’s business. To this end, so as to comply with the provisions of Article 74 of the Constitution and Standing Order No.3(2), the first business of any new House is the swearing in of Members-elect.

Hon. Members-elect, I wish to emphasise that this is a sitting of the House. Therefore, all Members-elect are expected to be orderly and to follow the rules of procedure set out in the Standing Orders, which this House has passed, namely, the Speaker’s Rules, the established precedence, customs, procedures and traditions of the House. Members are, however, at liberty to sit freely as there are no reserved seats today.

I shall now proceed to administer the oath or affirmation of office to all Members-elect present in the order of precedence set out under Standing Order No.3(3). In so doing, the name of

each Member-elect will be called out, following which the Member-elect will proceed to the space

between the Chair and the Table and indicate whether to take and subscribe to the oath or affirmation of office. After taking and subscribing to the oath or affirmation of office, the Member shall proceed to the designated area and subscribe to the oath or affirmation of office by signing the Oath or Affirmation Book.

Hon. Members-elect, we are now ready to commence the process. I will shortly ask the Deputy Clerk to call out the names of the Members-elect. However, after administering the oath or affirmation of office to the three Hon. Members-elect in the category of Standing Order No.3(a), that is the former Leader of the Majority Party, the former Leader of the Minority Party and the former Deputy Speaker, I will seek the indulgence of the House to proceed to where Members- elect with disabilities are seated and administer the oath or affirmation of office to them from their seats before resuming with the sequence under paragraphs (b) to (f) of Standing Order No.3, as per the list distributed in the House. In the event that a Member-elect with disabilities is not present, I will accord priority to them when they come into the Chamber before the conclusion of the administration of the oath or affirmation of office.

Deputy Clerk, please, read the next order and proceed to call out the names of Members- elect.

Hon. Members-elect, can you take the oath so that you are free to transact business? There is no business that you can transact without being sworn in. I request that you allow us to swear you in first and we will give you time to raise any matter that you may want to.

Deputy Clerk, please, proceed.

ADMINISTRATION OF OATH

The Oath of Office was administered to:

1. Mr. Aden Bare Duale
2. Mr. John Mbadi Ng’ongo
   1. Mr. Farah Maalim The Ag. Clerk of the National Assembly (Ms Serah Kioko): Hon. Members, we will now administer the Affirmation of Office to Members-elect with disabilities. The Oath of Office was administered to:
3. Ms. Rose Museo Mumo
4. Mr. Joseph Samal Lomwa
   1. Mr. Tim Wanyonyi Wetangula The Ag. Clerk of the National Assembly (Ms Serah Kioko): Hon. Members, we will continue to call the names in the order of precedence. Please, maintain order. Thank you.

Order, Members. Please, maintain order so that we can hear the names being read out. The Oath of Office was administered to:

1. Mr. Samwel Chumel Moroto
2. Mr. Adan Keynan Wehliye
3. Mr. Samuel Gonzi Rai
4. Mr. Abdi Yusuf Hassan
5. Mr. Shakeel Shabbir Ahmed
6. Mr. Festus Mwangi Kiunjuri
7. Mr. Joseph Lekuton
8. Mr Kareke Mbiuki Japhet
9. Mr. Musa Sirma Cherutich
10. Mr Raphael Wanjala Sauti
11. Mr. Rahim Dawood Abdul
    1. Mr. Samuel Arama
    2. Mr. Lemanken Aramat
    3. Mr. David Kangongo Bowen
    4. Mr. Bady Twalib Bady
    5. Ms. Sabina Wanjiru Chege
    6. Mr. James Mwangi Gakuya
    7. Mr. Kiprono Samuel Chepkonga
    8. Mr Tom Joseph
    9. Mr. Fred Kapondi Chesebe
    10. Mr. Charles Gumini Gimose

Miriti

Bitta

Kajwang’ Francis

The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members, I request you to consult in low tones so that you give the Members swearing in time to be heard. I thank you.

The Oath of Office was administered to:

1. Mr. Moses Malulu Injendi
2. Mr. Anthony Kimani Ichung’wah
3. Mr. George Peter Opondo Kaluma
4. Mr. Elijah Memusi ole Kanchory
5. Mr. Jackson Kipkemoi Kosgei
6. Mr. David Njuguna Kiaraho
7. Ms. Jayne Wanjiru Njeri Kihara
8. Mr. Patrick Makau King’ola
9. Mr. Johana Ng’eno Kipyegon
10. Mr. Julius Melly Kibiwott
11. Mr. Harrison Garama Kombe
12. Ms. Sarah Korere Paulata
13. Mr. John Koyi Waluke
14. Mr. James Onyango K’Oyoo
15. Ms. Mishi Juma Hamisi Mboko
16. Mr. Benjamin Langat Kipkurui
17. Ms. Jessica Mbalu Nduku Kiko
18. Mr. Robert Mbui
19. Mr. Junet Sheikh Nuh Mohamed
    1. Mr. Stephen Mutinda Mule
    2. Dr. Makali Benson Mulu
    3. Mr. Vincent Musyoka Musau
    4. Ms. Rachael Kaki Nyamai
    5. Mr. Naicca Manya Johnson
    6. Mr. Daniel Epuyo Nanok
    7. Dr. James Wambura Nyikal
    8. Mr. Ferdinard Kevin Wanyonyi
    9. Mr. David Pkosing
    10. Dr. Christine Oduor Ombaka
    11. Mr. Gideon Ochanda Ogolla
    12. Mr Joshua Aduma Owuor
    13. Dr Robert Pukose
    14. Mr. Dido Ali Rasso
    15. Mr Mathias Nyamabe Robi
    16. Mr Bernard Masaka Shinali
    17. Mr Daniel Wanyama Sitati
    18. Mr Omar Mwinyi Shimbwa
20. Mr Oscar Kipchumba Sudi
21. Mr Julius Lekakeny Ole Sunkuli
22. Mr James Opiyo Wandayi
23. Mr. Emmanuel Wangwe
24. Ms. Liza Chepkorir Chelule
25. Ms. Martha Wangari Wanjira
26. Ms. Naisula Lesuuda Josephine
27. Ms. Alice Wahome Muthoni
28. Dr. Wilberforce Oundo Ojiambo
29. Ms. Wanjiku Muhia
30. Maj. (Rtd) Abdullahi Sheikh Bashir
31. Ms. Beatrice Adagala Kahai
32. Dr. Otiende Amollo Paul
33. Mr. Protus Ewesit Akujah
34. Mr. Miruka Alfah Ondieki
35. Mr. Rashid Juma Bedzimba
36. Mr. John Kiragu Chege
37. Mr. Samuel Kinuthia Gachobe
38. Mr. Joseph Gachoki Gitari
39. Mr. Samuel Onunga Atandi
40. Mr. Owen Yaa Baya
41. Mr. Salim Feisal Bader
42. Ms. Charity Kathambi Chepkwony
43. Mr. Mejjadonk Benjamin Gathiru
44. Ms. Faith Wairimu Gitau
45. Mr. Ali Wario Guyo
46. Mr. Kulow Maalim Hassan
47. Mr. Lawrence Mpuru Aburi
48. Mr. Said Buya Hiribae
49. Mr. Kagesi Ernest Ogesi Kivai
50. Mr. Robert Gichimu Githinji
51. Ms. Rozaah Akinyi Buyu
    1. Dr. Lilian Achieng Gogo
    2. Mr. Kalasinga Joseph Wekesa Simiyu Majimbo
    3. Mr. George Macharia Kariuki GK
    4. Mr. Joseph Mburu Kahangara
    5. Ms. Joyce Kamene
    6. Mr. Charles Kamuren
    7. Mr. Joshua Chepyegon Kandie
    8. Mr. Stephen Wachira Karani
    9. Mr Eric Muchangi Njiru
    10. Ms. Irene Muthoni Kasalu
    11. Mr. William Kassait Kamket
    12. Mr. Paul Kahindi Katana
    13. Mr. Justice Kipsang Kemei
    14. Mr. Joshua Kivinda Kimilu
    15. Mr. Simon King’ara Ng’ang’a
    16. Mr. Moses Kirima Nguchine
    17. Mr. Ken Chonga Kiti Richard
    18. Mr. David Gikaria
    19. Mr. Nelson Koech
    20. Mr. Hilary Kosgei Kiplang’at
    21. Mr. Zachary Thuku Kwenya
    22. Mr. Jackson Lekumontare Lentoijoni
    23. Mr. Peter Lochakapong
    24. Mr. Maisori Kemero Marwa
    25. Mr. Caleb Amisi Luyai
    26. Mr. Julius Musili Mawathe
    27. Mr. Michael Mwangi Muchira
    28. Mr. Nimrod Mbithuka Mbai
    29. Ms. Lydia Haika Mnene Mizighi
    30. Mr. Mohamed Ali Mohamed
52. Ms Millie Grace Akoth
53. Mr. Innocent Obiri Momanyi
54. Mr. David Ouma Ochieng
55. Mr. Titus Khamala Mukhwana
56. Ms. Jerusha Momanyi Mongina
57. Ms. Elsie Busihile Muhanda
    1. Mr. Fabian Kyule Muli
    2. Mr. Gideon Mutemi Mulyungi
    3. Mr. George Gitonga Murugara
    4. Mr. Muthama Stanley Muiruri
    5. Mr. Rindikiri Mugambi Murwithania
58. Mr. Geoffrey Makokha Odanga
59. Mr. John Kanyuithia Mutunga
60. Mr. Nicholas Tindi Mwale
61. Mr. Didmus Wekesa Barasa Mutua
62. Mr. Danson Mwashako Mwakuwona
63. Mr. David Mboni Mwalika
64. Ms. Janet Sitienei Jepkemboi
65. Mr. Peter Oscar Nabulindo
66. Mr. John Paul Mwirigi
67. Mr. Koimburi Ndung’u George
68. Ms. Alice Ng’ang’a Wambui
69. Mr. Charles Nguna Ngusya
70. Ms Mary Njoroge Wamaua
71. Mr. Mark Nyamita Ogolla
72. Mr. Patrick Ntwiga Munene
73. Mr. Joash Nyamoko Nyamache
74. Ms. Edith Nyenze Vethi
75. Ms. Gertrude Mbeyu Mwanyanje
76. Mr. Nzambia Thuddeus Kathua
77. Mr. Paul Musyimi Nzengu
78. Mr. Tom Mboya Odege
79. Ms. Ruweida Mohamed Obo
80. Mr. Samson Ndindi Nyoro
81. Mr.
82. Mr. Erastus Kivasu Nzioka
83. Ms. Eve Akinyi Obara
84. Mr. Andrew Adipo Okuome
85. Mr. Okello Jared Odoyo
86. Mr. Elisha Ochieng’ Odhiambo
87. Mr. Jeremiah Omboko Milemba
88. Mr. Edward Oku Kaunya
89. Mr. George Aladwa Omwera
90. Ms. Mary Emase Otucho
91. Mr. Babu Owino Paul Ongili
92. Mr. Silvanus Osoro Onyiego
93. Mr. John Walter Owino
94. Mr. Martin Peters Owino
    1. Mr. Anthony Tom Oluoch
    2. Mr. Joseph Maero Oyula
    3. Ms. Esther Muthoni Passaris
    4. Mr. George Sunkuyia Risa
    5. Ms. Rahab Mukami Wachira
    6. Mr. James Wamacukuru Githua
    7. Mr. Kassim Tandaza Sawa
    8. Mr. Gabriel Tongoyo Koshal
    9. Mr. Paul Abuor
    10. Ms Gladys Jepkosgei Boss
    11. Mr. Ibrahim Saney Abdi
    12. Mr. Abdi Shurie Omar
    13. Ms. Catherine Nanjala Wambilianga
    14. Ms. Gathoni Wamuchomba
    15. Mr. Adan Haji Yusuf
    16. Mr. Charles Ong’ondo Were
    17. Ms. Naomi Jillo Waqo
    18. Mr. John Njuguna Wanjiku
    19. Mr. Abdi Ali Abdi
    20. Mr. Christopher Aseka Wangaya
    21. Mr. John Kiarie Waweru
    22. Ms. Beatrice Kadeveresia Elachi
    23. Mr. Joseph Kipkosgei Tonui
    24. Mr. Brighton Leonard Yegon
    25. Francis Kuria Kimani
    26. Mr. Khamis Chome Abdi
    27. Ms. Florence Jematiah Sergon
    28. Mr. Hussein Weytan Mohamed
    29. Mr. Joshua Mbithi Mwalyo
    30. Mr. Adow Mohammed Aden
    31. Mr. Mohamed Abdi Abdirahman
    32. Ms. Donya Dorice Aburi
    33. Mr. Abdisirat Khalif Ali
    34. Ms. Amina Dika Abdullahi
    35. Mr. Patrick Simiyu Barasa
    36. Mr. Nolfason Obadiah Barongo
95. Mr. Hussein Barre Abdi
    1. Mr. Robert Ngui Basil
96. Mr. Maurice Kakai Bisau
97. Mr. John Okano Bwire
98. Ms. Mumina Gollo Bonaya
99. Mr. Peter Francis Masara
100. Mr. Paul Kibichy Biego
101. Ms. Ruth Adhiambo Odinga Busia
102. Ms. Phylis Jepkemoi Bartoo
103. Ms. Jeptoo Caroline Ng’elechei
104. Mr. Paul Chebor Kibet
105. Mr. Mangale Chiforomodo Munga
106. Mr. Joseph Hamisi Denar
107. Mr. Joseph Emathe Namuar
108. Mr. George Gachagua N
109. Mr. Edwin Gichuki Mugo
110. Mr. Joseph Cherorot Kimutai
111. Ms. Zamzam Mohammed Chimba
112. Ms Pamela Njeru Njoki
113. Mr. Yusuf Mohamed Farah
114. Mr John Gichohi Kaguchia
115. Mr. Adhe Guyo Wario
116. Mr. Clive Ombane Gisairo
117. Mr. Abdul Ebrahim Haro
118. Mr. Fredrick Lusuli Ikana
119. Mr. Joseph Wainaina Iraya
120. Prof. Guyo Waqo Jaldesa
121. Mr. Jhanda Zaheer
122. Mr. Kakuta Maimai Hamisi
123. Ms. Suleka Hulbale Harun
124. Ms. Dorothy Muthoni Ikiara
125. Dr. Shadrack Mwiti Ithinji
126. Ms. Fatuma Abdi Jehow
127. Ms. Jane Wangechi Kagiri
128. Mr. Gabriel Gathuka Kagombe
129. Mr. Eric Mwangi Kahugu
130. Ms. Elizabeth Karambu Kailemia
131. Mr. Ronald Kamwiko Karauri
132. Mr. Kiili Daniel Karitho
133. Ms. Beatrice Chepng’eno Kemei
134. Mr. Phelix Odiwour Khodhe
135. Mr. Peter Irungu Kihungi
136. Ms. Suzanne Ndunge Kiamba
137. Mr. Richard Cheruiyot Kilel
138. Mr. Joseph Kipkoros Makilap
139. Mr. David Kiplagat
140. Mr. Kitilai Ole Ntutu
     1. Mr. Reuben Kipng’ok, Kiborek
     2. Mr. Alfred Kiprono Mutai
     3. Mr. Abraham Kirwa Kipsang
     4. Ms. Marianne Kitany Jebet
     5. Mr. Bernard Kitur Kibor
     6. Mr. Victor Koech Kipngetich
     7. Mr. Kibet Komingoi Kirui
     8. Mr. Anthoney Kibagendi
     9. Mr. Adams Kipsanai Korir
     10. Mr. Yakub Adow Kuno
     11. Ms. Pauline Lenguris
     12. Mr. Letipila Dominic Eli
     13. Mr. Clement Logova Sloya
     14. Mr. Mohamed Soud Machele
     15. Mr. Gideon Kipkoech Kimaiyo
     16. Mr Elijah Njore Njoroge
     17. Mr Josses Kiptoo Kosgey
     18. Ms. Linet Chepkorir Toto
     19. Mr. Lotee Titus
     20. Mr. Julius Taitumu M’Anaiba
     21. Ms. Betty Njeri Maina
     22. Ms. Jane Maina Njeri
     23. Mr. Amos Maina Mwago
     24. Ms. Mary Maingi
     25. Mr. John Okwisia Makali
     26. Mr. Charles Onchoke Mamwacha
     27. Dr. Daniel Manduku Ogwoka
     28. Ms. Monica Muthoni Marubu
     29. Ms. Fatuma Hamisi Masito
     30. Mr. Duncan Maina Mathenge
     31. Ms. Amina Laura Mnyazi
     32. Mr. Abdikadir Hussein Mohamed
     33. Mr. Aden Mohammed Daudi
     34. Ms. Irene Mayaka Nyakerario
     35. Mr. Japheth Mokaya Nyakundi
     36. Ms. Irene Mrembo Njoki
     37. Mr. Innocent Mugabe Maino
     38. Ms. Cynthia Muge Jepkosgei
     39. Ms. Umulkher Harun Mohamed
     40. Ms. Fatuma Zinabu Mohammed
     41. Mr John Gitonga Mukunji
     42. Mr. Geoffrey Mulanya Ekesa
     43. Mr. Stephen M. Mogaka
     44. Mr. Caleb Mule Mutiso
141. Mr. Anthony Mupe Kenga
142. Mr. Joseph Munyoro Kamau
143. Mr. John Murumba Chikati
144. Mr. Eckomas Mutuse Mwengi
145. Ms. Ann Wanjiku Mugo Muratha
146. Mr. Edward Muriu Wakili
     1. Mr. Augustine Mwafrika Kamande
     2. Mr. Geoffrey Wandeto Mwangi
     3. Ms. Teresia Mwangi Wanjiru
     4. Mr Mark Samuel Muriithi
     5. Mr. Nabwera Nabii Daraja
     6. Mr. Paul Nabuin Ekwom
147. Mr. Bernard Muriuki Nebart
148. Dr. John Namoit Ariko
149. Mr. Onesmus Ngogoyo Nguro
150. Ms. Catherine Nakhabi Omanyo
     1. Mr. Joshua Oron Odongo
     2. Mr. Patrick Osero Kibagendi
     3. Ms. Cecilia Asinyen Ngitit
     4. Mr. Caroli Omondi
151. Mr. Peter Ochieng Orero
152. Mr Osogo Bensouda Joyce
153. Mr. Dick Oyugi Maungu
154. Mr Geoffrey Kariuki Kiringa
155. Mr. Julius Kipletting Rutto
156. Ms. Agnes Mantaine Pareyio
157. Mr. Parashina Samuel Sakimba
158. Mr. Peter Kalerwa Salasya
159. Ms. Leah Sankaire Sopiato
160. Mr. Peter Shake Mbogho
161. Mr Francis Kipyegon
     1. Ms. Umul Ker Kassim Sheikh
     2. Ms. Amina Siyad Udgoon
     3. Ms. Lilian Siyoi Chebet
     4. Ms. Rebecca Noonaishi Tonkei
     5. Mr. Timothy Toroitich Kipchumba
     6. Mr Kenneth Kazungu Tungule
     7. Mr. Antony Wainaina Njoroge
     8. Mr. Michael Wainaina Wambugu
     9. Mr. Nelson Jack Wamboka
     10. Mr. John Waithaka Machua
162. Mr. Wanyonyi Martin Pepela
163. Mr. Farah Yakub Salah
     1. Mr. Richard Yegon Kipkemoi

Karemba

Odhiambo

Waithira

Shollei

Double N

Philip

Kururia

Lelmengit

Mukunji

Mwenje

Atieno

Ruku

arap Sigei

Charo

The Oath of Office was administered to:

1. Ms. Rael Kasiwai Chepkemoi The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Is there any other Member who has not taken or subscribed to the Oath of Office? Hon. Members, it appears to me that all Members present in the House today have taken and subscribed to the Oath or Affirmation of Office in accordance with the requirements of the Constitution and the Standing Orders. You can now discharge the duties of the Office of a Member of Parliament. Congratulations once again.

Hon. Members, before we proceed to the next Order and in keeping with the established practice of the House, I will suspend the sitting of the House for forty-five minutes to allow officers make the necessary arrangements to facilitate the transaction of business in the next Order.

Sorry, Members. Before we suspend the Sitting, there is a Member who has just walked in. We will swear her in before we suspend this Sitting.

The Oath of Office was administered to:

1. Ms. Susan Ngugi Nduyo The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Might there be any other Member who has not taken the Oath? As we wait for the Member who has just been sworn in to sign, do we have any other Member who might be seated somewhere and they have not been sworn in? We do not want to conclude before every Member present today has been sworn in.

I can see that the Member has been sworn in. It is now time to suspend the House. The time being 2.55 p.m., this Sitting stands suspended until 3.40 p.m. The Bell will be rung for five minutes before resumption of the Sitting.

Thank you, Hon. Members.

[The Ag. Clerk of the National Assembly (Ms. Serah Kioko) in the Chair]

COMMUNICATION FROM THE CHAIR

ELECTION OF SPEAKER

The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members, I would like to welcome you back to the House from the short break. We shall now move to the next business. I now call upon the officers at-the-Table to read out the next Order.

Hon. Members, before I allow you to make any points of order, please, allow me to make a short communication and then we proceed.

Hon. Members, at this point, I wish to stipulate the procedure that will apply today for the

election of the Speaker as follows:

Article 106 (2)(a) of the Constitution of Kenya provides that the Office of the Speaker shall become vacant when a new House of Parliament first meets after a General Election. In this regard, the Office of the Speaker of the National Assembly became vacant at the commencement of today’s Sitting being the First Sitting of a new House of Parliament after the General Election.

Hon. Members, Standing Order No.4 provides that a Speaker shall be elected when the House first meets after a General Election and before the House proceeds with the dispatch of any other business, except the administration of the Oath or Affirmation of Office to Members-elect present.

In accordance with the provisions of the National Assembly Standing Orders, the following procedural requirements ought to be fulfilled before the election of the Speaker is conducted:

9. Standing Order
10. Standing Order5 (1)(b) requires the Clerk to also designate the place and period for
11. Pursuant to Standing Order 5(5), immediately upon the close of the nomination period

5 (1)(a) requires the Clerk to notify the public of a vacancy in the Office

Hon. Members, the following 37 persons collected nomination papers from my office between Monday, 5th September 2022 at 2.30 p.m. and Wednesday, 7th September 2022 at 12.30 pm:

1. Isaac Alouch Polo Alouchier
2. Jared Oluoch Oundo
3. Dr. Noah Winja
4. Moses Masika Wetangula
5. Stephen Kalonzo Musyoka
6. Gideon Kiplangat Cheruiyot
7. Gilbert Kipng’etich
   1. David Mwaure Waihiga
   2. Daniel Wanyonyi Opilo
   3. Timothy Ayieko Olingo
   4. Marshall Mong’are
   5. William Wachira Mwaniki
   6. Isaac Wangengi Wainaina
   7. Samuel Nyachwaya Nyamao
8. Kelvin Mabeta Nyamari
9. Dorothy Kemunto Nyangori
10. Matthew Eric Deya Okong’o
11. Orina Jephnei Nyakwama
12. Joshua Kipkemoi Boit
13. Thiangeta Fredrick Mukaria
14. Dr. Mbii Kavindu
15. Peter O Nyananga
16. Jinani Nzioki Mbiuva
17. Omari Dhambi
18. Samuel Mwangangi Nzamalu
19. Stanley Muindi Maasai
    1. Kenneth Otiato Marende
    2. Miriti Joseph Mulindu
    3. George Gitanu Thiong’o
    4. David Gikabi Mwangangi
    5. Danson Gathuthi
    6. Nabiswa Brian
    7. Katukei K Romanos
    8. Amos Otieno Ochuka
    9. Fredrick Otieno Gaya
    10. Gathii Irungu
    11. Joseph Mijire Gaku By the close of the nomination period on Wednesday, 7th September 2022 at 8.30 pm, the following 19 persons had returned to the Clerk their respective nomination papers for election as Speaker of the National Assembly:
20. Dr Noah Winja
21. Moses Masika Wetangula
22. Gideon kiplangat cheruiyot
23. Timothy Ayieko Olingo
24. Marshall Mong’are
25. William Wachira Mwaniki
26. Isaac Wangengi Wainaina
27. Kelvin Mabeta Nyamari
28. Dorothy Kemunto Nyangori
29. Matthew Eric Deya Okong’o
    1. Joshua Kipkemoi Boit
    2. Thiangeta Fredrick Mukaria
    3. Dr. Mbii Kavindu
    4. Jinani Nzioki Mbiuva
    5. Samuel Mwangangi Nzamalu
    6. Kenneth Otiato Marende
    7. George Gitanu Thiong’o
    8. David Gikabi Mwangangi
    9. Danson Gathuthi Karaya Hon Members, I also wish to notify the House that I also received a letter from one Mr. Omari Dhambi dated 7th September 2022 withdrawing his candidature for election as Speaker of the National Assembly. I wish to report that Mr. Isaac Aluoch Polo Aluochier, one of the persons who collected nomination papers, did not return the completed form. However, he appeared before the Clerk and verbally withdrew his candidature. The following 15 persons who returned their nominations papers did not qualify as candidates for election as Speaker of the National Assembly. This is because their nomination papers were not accompanied by names and signatures of 20 Members in support of their respective candidatures as required by Standing Order 53.
30. Dr. Noah Winja
31. Gideon Kiplangat Cheruiyot
32. Timothy Ayieko Olingo
33. Marshall Mong’are
34. William Wachira Mwaniki
35. Isaac Wangengi Wainaina
36. Kelvin Mabeta Nyamari
37. Dorothy Kemunto Nyangori
    1. Joshua Kipkemoi Boit
    2. Dr. Mbii Kavindu
    3. Jinani Nzioki Mbiuva
    4. Samuel Mwangangi Nzamalu
    5. George Gitanu Thiong’o
    6. David Gikabi Mwangangi
    7. Danson Gathuthi Karaya Hon Members, you recall that at the close of the nomination period yesterday evening, I did notify Hon Members of the two candidates qualified to participate in the election of the Speaker of the National Assembly. In my notification I stated that my office was in the process of verifying the documentation submitted in support of two other applicants namely; Thiangeta Fredrick Mukaria and Mr Matthew Eric Deya Okong’o. Hon Members, I wish to inform the House that the verification of documents submitted by the two applicants against the copies of identification documents available at my office by the various Members who purported to have supported the candidature for today’s election revealed glaring anomalies. With regard to the nomination paper returned by Mr Thiangeta Fredrick Mukaria, it was noted that the Kenya National Identification numbers appended to the names of several Hon Members are at variance with the information officially available by Hon Members to Parliament as part of their biodata.

Similarly, it was noted that the nomination papers returned by Mr. Matthew Eric Deya appended signatures purported to belong to several Hon Members that did not tally with the signatures recognized by my office from the biodata forms signed by the affected Members. Indeed, I have to date since received written complaints from a number of the affected Members regarding falsification of their support to the two candidates. In particular, Hon Members have disowned their purported endorsement of the said candidates. As at the time of this Communication, I have on record formal protest from the following Members:

1. Hon. Kimani Ichung’wah,
2. Hon. Beatrice Adagala,
3. Hon. Mohammed Ali Mohammed,
4. Hon. Mary Wamaua,
5. Hon. John Mutunga,
6. Hon. Githua Wamacukuru,
7. Hon. Samwel Moroto,
   1. Hon. (Dr.) Robert Pukose,
   2. Hon. Jane Kihara,
   3. Hon. Julius Melly,
   4. Hon. Wanjiku Muhia,
   5. Hon. Charity Kathambi,
   6. Hon. Paul Mwirigi, and
   7. Hon. David Gikaria.

Hon. Members, in light of the above cited anomalies and the form of protest received from Members, I have disqualified the two persons from contesting in the election for the Speaker scheduled for today, 8th September 2022. Cognisant of the fact that the wilful submission of documents containing misleading, falsified or fraudulent information for use in proceedings of a very crucial nature by this House may constitute a criminal offence, I have formally requested the Directorate of Criminal Investigations (DCI) to investigate the circumstances under which the documents were submitted and take appropriate steps thereafter.

Hon. Members, pursuant to the provisions of Article 106 of the Constitution of Kenya and Standing Order 5 of the National Assembly, out of the 19 persons who completed and returned their nomination papers, the following two persons qualified as candidates for election as Speaker of the National Assembly:

9. Kenneth Otiato Marende;

1. Moses Masika Wetang’ula

9. The election of the Speaker shall be by secret ballot.
10. The Clerk shall, at the commencement of each ballot, cause the ballot box, empty and

Hon. Members, we shall shortly proceed to issue ballot papers to you, which will be issued by officers to each Member in the manner I will guide. When your name is called, you will receive one ballot paper at the Table and proceed to the voting booth. Mark your ballot paper and proceed to cast your vote. For clarity, a Member who wishes to vote shall mark his or her ballot paper by placing a visible mark in the box provided for beside the name of the preferred candidate as a Member wishes to vote for.

Thereafter, the Member should fold the marked ballot paper before leaving the booth and deposit the folded ballot paper in the ballot box. A Member, who in the process of voting has marked his or her paper in error, may by returning it to the Clerk, obtain another ballot paper in its place. The initial ballot paper marked in error shall be marked cancelled and destroyed by the Clerk.

Hon. Members, when it appears to the Clerk that all Members present in the House and who wish to vote have voted and deposited their ballot papers in the ballot box, the Clerk shall unlock the box, examine the ballot papers, and having rejected those unmarked or spoilt, report to the House the result of the ballot.

May I also notify you that after the Clerk has unlocked the ballot box, a Member who has not already recorded his or her vote, shall not be entitled to do so. The verification and counting of ballots shall take place in the presence of Members appointed as agents or representatives by the candidates. For clarity, each candidate is allowed a maximum of one agent or representative, for the purpose of the ballot.

In line with the requirements of Standing Order 7 (1), a person shall not be elected as Speaker unless supported by votes of two-thirds of all Hon. Members. The House is reminded that this two-thirds threshold is not a constitutional requirement but a procedural step to ease election of a Speaker on the first round of the ballot. The procedural threshold applies only to the first round of voting and does not affect the quorum required for the commencement and continuation of the sitting and the election.

Hon. Members, pursuant to the provisions of Standing Order 7 (2), in the event that no candidate is supported by the votes of the two-thirds of all Members at the first round of voting, the candidate who receives the highest number of votes and the candidate who receives the next highest number of votes, shall alone stand for election in the next round. The candidate who receives the highest number of votes in the second round, shall stand elected Speaker.

We have arranged the voting booths next to the dispatch table. There are two booths on each side of the table. Members on my righthand side will cast their ballots in the voting booths placed on their side of the table and vice versa for Members on my left.

Before the House proceeds to vote, I wish to remind the House that this particular voting is by secret ballot. Members are not allowed to display their marked ballots to the House or the

(The Serjeant-at-Arms opened and displayed the empty ballot box to Hon. Members) Hon. Members, you have witnessed for yourselves that the ballot box is empty. I now direct the Serjeant-at-Arms to close and lock the ballot box.

(The Serjeant-at Arms sealed the ballot box) The next step before we start to call out names of Members to come and vote is to enquire of the House of any Member designated by the candidates as their agent or representative, which is strictly one agent or representative per candidate. If any, I request them to step forward and approach the Table, so that we can proceed. I request them to step forward and approach the Table so that we can proceed. Who is the agent for Hon. Marende? Okay, it is Hon. T.J. Kajwang’. And who is the agent for Hon. Wetang’ula? It is Hon. (Dr.) Pukose.

Hon. Members, please be seated so that I can guide the House. Take your seats. I want to guide the House. I will allow a few interventions from Members before we proceed to the ballot. I will now allow the Hon. T.J. Kajwang’ to raise his point of order.

Just give me time. You are an old man. Do not say so. Use parliamentary words.

I have been able to check and candidate number 4 on the list is actually an elected Senator of the other House. If he is an elected Member of the other House, he ought to have presented his resignation to the Speaker. I have learnt, reliably, that that person presented his resignation letter allegedly to the Speaker of that House on 9th August 2022.

Allow me to make my point. Order! Order! Order! I am explaining myself, please. The Speaker to whom he allegedly delivered his resignation letter was already an elected Governor. Article 102 of the Constitution says the term of Parliament expires on the date of a general election. The terms of this House and the other House expired on 8th August 2022, not on 9th August 2022. The term of the Speaker of that House expired at the time when he was elected as Governor. It means that on 9th August 2022, there was no Speaker to whom the candidate would have given his resignation letter. The fact of the matter is that if you have an office without a substantive holder thereof, then that office is ‘no office’. I am reliably informed that he tendered his resignation to an office without a substantive holder. He submitted his resignation to no Speaker. This is an issue which is not only important to us but also to all other candidates, some of whom are not in this House, and have a valid responsibility to ask.

The last point may draw a lot of protest from somebody who does not like my thinking. In this House, we must not like each other’s thinking. There is a valid resolution in this House which is on record saying that that particular person is not eligible to hold a public office in Kenya.

This is a House of records. There is a resolution passed by this House and implementable by this House to the effect that the person should not hold a public office because of matters concerning integrity.

So, on both grounds, I ask you, Madam Returning Officer, to find that one Moses Wetang’ula is not eligible to be a candidate for election as Speaker of this House.

I thank you very much. The Ag. Clerk of the National Assembly (Ms Serah Kioko): Hon. Members, I will now allow Hon. Ichung’wah to raise his point of order.

10. B Muturi is still the Speaker of the National Assembly until a new Speaker is elected this

20. J. Kajwang’ was not a Member. The said Report was prepared by the Defence and Foreign Relations Committee, which ranking Member, Hon. Aden Keynan, chaired. Based on that Report, Hon. Moses Wetang’ula stepped aside. Resolutions of this House are always based on further investigation by Government agencies within the criminal justice system. This House does not have the tools and the equipment to do a serious investigation. So, the resolution of this House was sent to other bodies just as we forward similar cases to the DCI, the Auditor General and the Ethics and Anti-Corruption Commission (EACC). I want to confirm that those agencies cleared Moses Masika Wetang’ula and President Kibaki reappointed him back to his ministerial position. Facts speak for themselves. Let us not use the law selectively. We need to vote. Today we have an opportunity. Apart from nominated Members, all of us seated here have been dealing with voters. Today we are voters too. The 349 of us must exercise our constitutional rights. The law is very clear. Even if Moses Masika Wetang’ula did not resign, or did not bring you a resignation letter, based on Article 74 of the Constitution, he is not a Senator in the Third Senate! It is because he has not taken an oath of office! The moment we all took an oath of office, we became State officers. At that point, one can resign. So, let us not have a debate. Let us give a chance to these Members because they have an opportunity and a constitutional right. We have a very daunting task ahead of us. So, that report was not tabled. Myself, Hon. Mbadi, Hon. Keynan, and a few others who were in the 10th Parliament know much about that report. Those who want to vote for Kenneth Marende can do so. I served under him when he was the Speaker. Those who want to vote for Moses Masika Wetang’ula will vote for him. Let us, like the Senate, stop the shenanigans and side shows. Instead, let us elect a Speaker so that next week we go for induction and start implementing the Kenya Kwanza Hustler Fund as fast as possible. The Ag. Clerk of the National Assembly (Ms Serah Kioko): Hon. Members, before I rule, it is only fair that because I have given three Members on this side a chance to speak, I will also give three Members on the other side a chance.

Okay then. I will allow Hon. Mbadi. Please, let me give Hon. Mbadi a chance.

She is presiding over the election. She may be the returning officer. I do not know whether she was gazetted or she gazetted herself.

I want to take this opportunity to congratulate all Members who have made it to the 13th Parliament. I know it was not easy.

Having said that, allow me just to say one thing. Even if this matter will not be resolved today and we proceed to vote, it is something that the people of Kenya need to look into. At what point would an elected Member be considered a Member of Parliament?

That is your opinion! Let me give mine. I am intelligent enough. Assuming office is not the same thing as being elected. The moment the returning officer in your electoral area pronounces you as elected, it is only a court of law which can reverse that decision, whether you take the oath of office or you do not. Once you have been elected, pronounced as such, and gazetted in the Kenya Gazette as a Senator, you become a Senator-elect whether the word ‘elect’ comes after your name or after the word ‘Senator’. You are a Senator. This is a matter that cannot be wished away. In fact, I think we the people of Kenya made a mistake when we passed this Constitution. There is a law.

Just a minute! When you look at the Constitution, it says, no one can be a Member of Parliament if they are State officers. It goes ahead to exempt serving Members of Parliament from running. The same should have happened. I do not see why a sitting Member of National Assembly cannot run for the office of the Speaker and resign after being elected. That is what happened in 2008 when Kenneth Otiato Marende was the Member of Parliament for Emuhaya. So if something is wrong with our laws, we need to accept it. Let us not just take sides. You took an oath just a few minutes ago to protect this Constitution. There is a problem in the Constitution and we need to fix it. As it is today, there are grey areas and, therefore, whether you let Hon. Moses Wetang’ula to run or not, the people of Kenya will have to deal with the elephant in the room, that there is a problem with that provision of the law requiring even sitting Members of Parliament to resign before they become the Speaker of either Houses of Parliament.

I submit my case.

The Ag. Clerk of the National Assembly (Ms Serah Kioko): Hon. Members, I would like to respond to the issues that have been raised. Members if you could be silent, I would respond on the matters that have been raised concerning one of the candidates in this election. I want to respond as follows, especially on the matters that have been raised by Hon. T.J Kajwang’. He has asked a question about a person who is elected as a Member of Parliament and in this case a Senator and whether this Senator is eligible for election as a Speaker. I have also listened to the various submissions on the matter by the Members who have spoken from both sides of the House. I have also looked at the relevant provisions of the Constitution and the law and I now wish to communicate my findings on this matter.

Hon. Members, Article 106(1)(a) of the Constitution provides that there shall be a Speaker of each Parliament, who shall be elected by the House in accordance with the Standing Orders from among persons who are qualified to be elected Members of Parliament but are not such Members. The relevant qualification for election as a Member of Parliament is set out in Article 99(1)(a) and (b) of the Constitution, that is, that the person is registered as a voter and also has satisfied any educational, moral and ethical requirements prescribed by the Constitution or by an Act of Parliament.

Additionally, Article 99(2) provides that a person is disqualified from being elected a Member of Parliament if that person is a State officer or other public officer other than a Member of Parliament; has at any time within the five years immediately preceding the date of election held office as a member of the Independent Electoral and Boundaries Commission (IEBC); has not been a citizen of Kenya for at least 10 years immediately preceding the date of the election; is a member of a county assembly; is of unsound mind; is an undischarged bankrupt; is subject to a sentence of imprisonment of at least six months as at the date of registration as a candidate, or at the date of election; or is found in accordance with any law, to have misused or abused a State or public office, or in any way to have contravened the provisions of Chapter Six of the Constitution.

Hon. Members, let me just go through my findings. The first thing I would want to say about the issues that have been raised by Members is that, on 5th September 2022, after the candidate in question submitted his nomination papers, pursuant to Standing Order No.5 of the National Assembly Standing Orders, I wrote to the IEBC seeking confirmation as to whether this

Let me finish. Lastly, in any event, even if we were to overlook the provisions of Article 74 of the Constitution relating to the assumption of office, as I have enumerated, and argued that there was need for the Senator to resign from office, may I now confirm that I am in receipt of a letter dated 29th August 2022 written by Hon. Moses Masika Wetang’ula addressed to the Speaker of the Senate in which he communicated in writing to the Speaker of the Senate his decision to resign from his position as Senator-elect for Bungoma. This letter is addressed to the Office of the Speaker of the Senate, which by virtue of the provisions of Article 106(1)(2), only became vacant when the new Senate first met today. The spirit of the Constitution expounds under Article 103(1)(c) that the seat automatically becomes vacant upon receipt of the resignation letter and there is no corresponding obligation imposed on the Speaker to accept or decline the resignation.

Therefore, Hon. Members, in the present circumstances and guided by the provisions of Article 74 of the Constitution, and the letters from the IEBC and from Hon. Moses Wetang’ula, I

Hon. Members, I would like us to now proceed with the process of voting. I now invite the Deputy Clerk to call out the names. After your name is called, you will be issued with a ballot paper, and we shall proceed with voting.

The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members, I will allow the clerks to take the ballot papers to the Members with disabilities. They are: Hon. Lomwa Joseph Samal, Hon. Masara Peter Francis, Hon. Kosgei Jackson and Hon. Mumo Rose Museu.

(Voting in progress) The Ag. Clerk of the National Assembly (Ms Serah Kioko): Hon. Members, a Member has asked a question. He has raised concerns about how to mark the ballot paper. I want to give you guidance. Standing Order No. 6 provides that you are supposed to mark the ballot paper by placing a mark in the space which is opposite the name of the candidate. I urge Members to put a tick or an X. Any other mark is sufficient because you will not be disqualified. Put the mark in the place which is provided for you to mark. I appreciate a tick or an X, but any other mark is acceptable.

(Voting in progress) Hon. Members, please, those who have voted should clear from the voting area so as to allow other Members to vote. Hon. Members, once you have voted, please, clear from the voting area so as to allow other Members to vote. Thank you.

(Voting in progress) Hon. Members, we are almost coming to the conclusion of voting, but before we do that, I have received a request from the Member for Gatanga, Hon. Muriu Wakili. He has indicated to me that he has spoilt his ballot. I will indulge him and he will be issued with another ballot. I have the ballot that he had already marked and I will proceed to cancel it now. I have cancelled and destroyed it.

The Acting Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members, is there any other Member who has not voted and would like to vote? So, Hon. Members, it appears to me that the last ballot has been cast; however, if there is any Member who has not voted, he or she may now step forward and vote. Is there any? Okay, there is none.

So Hon. Members, pursuant to Standing Order 6 (6), it does appear to me that every Member present who wishes to vote has voted. Now, therefore, I invite the two agents, one for each candidate, to come forward and witness the counting. I see the agents have stepped forward. I now order that the ballot boxes be unlocked for examination of the ballot papers. I further direct that each ballot paper be examined once the boxes are opened. Officer, please, proceed to count and tally the votes.

(Vote counting in progress) The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Order, Hon. Members. Please take your seats.

The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members, please, take your seats so that I can guide the House on the next course of action.

RESULTS

The total number of valid votes cast is 345. We have 1 spoilt vote and no abstention. Total number of votes cast is 346. This is signed by the tellers, Hon. T.J. Kajwang’, MP, and Hon. (Dr.) Robert Pukose, MP.

Given this scenario, we do not have a clear winner. What ordinarily ought to happen is that this should take us to Standing Order No.72, which provides thus: “If no candidate is supported by votes of two-thirds of all Members as has happened in this election, a fresh election shall be held. In that election, the only candidates shall be the candidate or candidates who received the highest number of votes in the ballot referred to in Paragraph (1). In this case, Hon. Moses Masika Wetang’ula and the candidate or candidates who in that ballot received the next highest number of votes, in this case, Hon. Kenneth Otiato Marende. Indeed, there are no other candidates as you are aware.

Hon. Members, we should, therefore, be proceeding to the next round of ballot.

Hon. Members at the Bar, please, take your seats.

However, I have received a written communication from one of the candidates, namely, Hon. Kenneth Otiato Marende, indicating that he does not wish to proceed to the next round of ballot.

Hon. Members, this communication is witnessed by the Member for Suna East, Hon. Junet Mohamed. In the circumstances, noting that there is no other candidate to compete with Hon. Moses Masika Wetang’ula, I now take this opportunity to declare that Hon. Moses Masika Wetang’ula stands elected as the Speaker of the National Assembly.

(Hon. Moses Wetang’ula was presented to the Ag. Clerk by the Chief Serjeant-at-Arms) The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Congratulations, Mheshimiwa.

ASSUMPTION OF OFFICE BY SPEAKER

(The Ag. Clerk thereupon administered the Oath of Office to the Speaker-elect)

The Outgoing Speaker (Hon. Justin Muturi): Hon. Speaker, congratulations on your election as the eighth Speaker of the National Assembly of the Republic of Kenya, on whom falls the greatest responsibility of guardianship of the authority of this House. I wish you well and commend that you submit to the will of the House. As you assume the office and embark on discharging the duties of the Speaker, I trust that you will find this set of past rulings by your predecessors most useful. Congratulations, Hon. Speaker.

(The outgoing Speaker handed a bundle of Speaker’s rulings to the new Speaker) (The Speaker marched from the Bar to the Table and was received by the Ag. Clerk) The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Speaker of the National Assembly, congratulations. Please, do take charge of the House now.

COMMUNICATION FROM THE CHAIR

SUBMISSION OF THE SPEAKER TO THE WILL OF THE HOUSE

I accept and submit to your will and I am ready to serve as the eighth Speaker of the National Assembly since our Independence. I commend all the citizens who expressed interest in becoming your Speaker, by formally returning their nomination papers, and laud the efforts of my worthy opponent in today’s election, Hon. Kenneth Otiato Marende, who also happens to be one of my distinguished predecessors having served as the sixth Speaker. My other distinguished predecessors include Sir Humphrey Slade, Hon. Fredrick Mbiti Gideon Mati, Hon. Moses Kiprono arap Keino, Hon. (Prof) Kimetet arap Ng’eno, Hon. Kausai Francis Xavier ole Kaparo, and my immediate predecessor, Hon. Justin Bedan Njoka Muturi. I am eternally humbled and extremely privileged to now occupy this hallowed seat.

Hon. Members, when I look at you and visualise the gruelling campaigns you have all undergone, I must say that I am proud of all of you for ultimately making it to this House, a dream for everybody. I commend you.

I am delighted to note that over 55 per cent of Members of the last Parliament have been re-elected. Of this category, 24 served in previous Parliaments. Your re-election demonstrates the confidence that the citizenry has in the leaders that they elect to this House. Spurred by this, we should, therefore, be confident that if we are true to our Oaths or Affirmations of Office and responsive to the needs of our people, who are the sovereign, this will always be the people’s House.

Allow me at this point to single out and congratulate part of the leadership of the last and previous Parliaments who have made it back to this House. They include Hon. Aden Duale, who was the Leader of the Majority Party in the 11th Parliament and the larger part of the 12th Parliament. My felicitations also go to Hon. John Mbadi, the immediate former Leader of the Minority Party and the former Deputy Leader of the Minority Party, Hon. Robert Mbui. Permit me to recognise Hon. Farah Maalim, who served as Deputy Speaker in the 10th Parliament. My congratulations also extend to Hon. Emmanuel Wangwe, the immediate former Whip of the Majority Party, Hon. Junet Mohammed, the immediate former Whip of the Minority Party, and Hon. Jessica Mbalu, a former member of the Presidium. I welcome you back to the service of this House.

Hon. Members, the National Assembly of the 11th Parliament had 68 female Members. That number increased to 76 in the last Parliament. Today, the 13th Parliament has seen the number rise to 82, with 29 women having been elected to represent single-member constituencies.

Hon. Members, I am particularly honoured that for the first time in the history of Parliament, Hon. Justin Muturi has also set a precedent through a symbolic and formal handover process that you just witnessed when I was declared the Speaker. This is not only honourable, but it is an act that shall remind us for a long time of his great leadership style. The symbolic handover process by a speaker should, indeed, be part of the traditions of this House and it is a practice we should carry on. Having said this, join me now in applauding the former Speaker of this House, Hon. Justin Muturi.

Thank you. Hon. Members, the author Gary Levy in the book Speakers of the Canadian House of Commons notes that presiding officers in the Commonwealth customary relinquish their rights to participate in debates. Put differently, despite the title, a speaker does not speak, but allows Members to speak, and presides over debates in the House. I am aware that the Constitution precludes the Speaker from voting on any Question proposed for decision in the House, but as your Speaker, I will let my work speak for me. In this 13th Parliament, I undertake to prioritise two key issues. These are: Enhancing public trust in this House and the institution of Parliament, and nurturing and upholding comity between our two Houses, and also between the National Assembly and other arms of Government, with particular attention to our Judiciary, which has often appealed for reasonable consideration by the legislature.

Hon. Members, the Constitution states that the authority that has been a subject assigned to you and I under oath is a “public trust”. Hubert Humphrey Jr., the 38th Vice President of United States of America is quoted to have stated that “anyone who has ever been elected to public office understands that one commodity above all others, namely, the trust and confidence of the people is fundamental in maintaining a free and open political system.” In assuming our respective offices in this House, we are under a constitutional obligation to discharge our mandate in a manner befitting the offices that we have been entrusted to hold. As your Speaker, I undertake to strengthen public trust in the institution of Parliament. I will be keen to midwife through the PSC live broadcast of committee proceedings and the full operationalisation of Bunge TV channels to highlight the work done by this House and its Members. In addition to the live broadcast of chamber proceedings, I will support efforts to further actualise the provisions of Article 119 of the Constitution 2010 on petitions made to the House, by adequately facilitating the work of the new Public Petitions Committee. To my mind, ensuring meaningful access to the House will, like a transparent glass, make Parliament more visible, disrobed of the mystery that people might perceive of its processes.

Hon. Members, my second assurance to this House is that I will actively maintain comity with other constitutional bodies, promote consultation and cultivate healthy relations within the

ELECTION OF DEPUTY SPEAKER

The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Speaker, I have the following communication to make as a returning officer on this Order.

His Excellency the President of the Republic of Kenya and the Commander in Chief of the Armed Forces of the Kenya Defence Forces, notified this First Sitting of the National Assembly of the 13th Parliament vide Gazette Notice No.10527 of 2022 dated 5th September, 2022.

Pursuant to the provisions of Article 106(2)(a) of the Constitution, the Office of the Deputy Speaker of the National Assembly became vacant when the previous holder, as a Member of this House, vacated the office under Article 103 of the Constitution.

Hon. Speaker, Hon. Members, in exercise of the powers conferred by Standing Order No. 13, I notified the general public of a vacancy in the Office of the Deputy Speaker of the National Assembly vide Gazette Notice No.10530 dated 5th September 2022. I additionally, publicised the declaration of the vacancy by advertisement in three newspapers of national circulation. In the notice and in the advertisement, I invited interested persons who qualified to be elected as Deputy Speaker of the National Assembly in accordance with the Constitution to submit their nomination papers for election as Deputy Speaker of the National Assembly. The following seven persons collected the nomination papers from the office of the Clerk of the National Assembly between Monday, 5th September, 2022 and Wednesday, 7th September, 2022:

1. Mr. Robert Gichimu Githinji
2. Mr. Farah Maalim
3. Ms. Gladys Jepkosgei Boss
4. Mr. Farah Yusuf Mohamed
5. Mr. Moses Nguchine Kirima
6. Mr. Paul Otiende Amollo
7. Mr. George Peter Opondo Kaluma

Hon. Speaker, as per the Gazette Notice and the advertisement, a person who collected nomination papers was required to submit the completed nomination papers together with their curriculum vitae and the relevant supporting documents to the Clerk of the National Assembly in Committee Room No. 7, Main Parliament Building not later than 8.30 p.m. on Wednesday, 7th September, 2022.

The Office of the Clerk of the National Assembly remained open on Monday, 5th September, 2022, from 2.30 p.m. to 8.30 p.m.; on Tuesday, 6th September, 2022, from 7.00 a.m. to 8.30 p.m.; and Wednesday, 7th September, 2022, from 8.00 a.m. to 8.30 p.m. for purposes of both collection and return of nomination papers.

Hon. Speaker and Hon. Members, at the close of the nomination period, the following three persons had submitted their nomination papers for election as Deputy Speaker of the National Assembly; the Hon. Farah Maalim, the Hon. Gladys Jepkosgei Boss and the Hon. George Peter Opondo Kaluma.

1. The Clerk shall, at the commencement of each ballot, cause the

Hon. Members, when it appears to me that all Members who are present and who wish to vote have deposited their ballot papers in the ballot box, I shall unlock the box, examine the ballot papers and having rejected those unmarked or spoilt, report the result of the ballot. May I also notify Hon. Members that a Member who shall not already have recorded his or her vote after I have unlocked the ballot box shall not be entitled to do so. Counting of the ballots shall take place

RESULTS

I now request two Hon. Members of this House to locate, identify, escort and introduce to me the Deputy Speaker elect so that she may take and subscribe to the Oath of Office of a Deputy Speaker here before me in the assembled House in accordance with the Constitution.

(Hon. Gladys Boss was escorted to the Chair by Hon. Faith Gitau and Hon. Farah Maalim)

(The Speaker accordingly declared Hon. (Ms.) Gladys Shollei Boss elected Deputy Speaker of the National Assembly and administered the Oath to her accordingly) Congratulations. You may proceed and sign the Oath of Office. Order Hon. Members. You may resume your seats. We have now concluded the Business of the day.

I wish to bring to your attention Standing Order 14(1), which states thus: “After taking and subscribing to the Oath or Affirmation of Office, under Standing Order 12 (Swearing-in of the Speaker), the Speaker shall notify the Members of the place, date and time of the opening of Parliament.” Further, Article 132 (1a) of the Constitution 2010 states as follows:

“The President shall-

1. address opening of each newly elected Parliament.” Therefore Hon. Members, I shall communicate the place, date and time of the opening of Parliament in due course. In the meantime I wish to reiterate that the induction of all Members of this House as announced earlier, shall be from Sunday 18th September, 2022, to 24th September, 2022, at a hotel within Nairobi. Since today is an exceptional day for all of us and in keeping with our customs, I invite all Members to a modest Speaker’s Cocktail at the rise of the House at the gardens adjacent to the Parliamentary restaurant.

ADJOURNMENT