Tuesday, 12th February 2019

Those Hon. Members who are making your way in, please, take your seats. Those of you are desirous to sit, take your seats. I think the two Members for Suba do not like sitting together. Member for Makueni, relax, I can see you are excited.

Hon. Members, I wish to take this opportunity to welcome you all to this august House as we commence the Third Session of the 12th Parliament. It is my hope that you had a happy and restful recess and that you are now fully rejuvenated and ready for the heavy legislative agenda that lies ahead of you this Session.

As we commence the Session, I wish to bring to the attention of the House that, going by our practices and the Standing Orders, certain business that was not concluded at the end last Session has now lapsed. This includes Bills published in the First Session (2017) , but whose Second Reading had not been concluded at the end of the last Session of this Parliament, save for a Bill to amend the Constitution or a Bill originating from the Senate. The same applies to all Motions, all Petitions that have not exceeded the 60 days consideration limit and all Questions. To this end, any Committee or individual Member who wishes to re-introduce such business is advised to do so following the usual procedure. In addition, respective Committees are requested to write to the individual Petitioners indicating the status of the lapsed Petitions.

Hon. Members, I wish to also draw the attention of the House to the fact that the term of Sessional Committees has come to an end and, therefore, they will be reconstituted afresh. These include; the Committee on Powers and Privileges and Committee on Members’ Services and Facilities. The Committee on Selection is thus required to expedite the process of nominating Members to serve in the said Committees.

As you are aware, the process of installation of the paperless solution in the National Assembly Chamber which has been ongoing has since been concluded and is now ready to be rolled out. The process is aimed at, among other things, enabling the House to fully embrace the e-Parliament initiative. The said installation will ease access to parliamentary papers, documents

A certified version of this Report and journals such as Order Papers, the Standing Orders, the Constitution, Committee Reports, Bills and Acts of Parliament by enabling access of the same in electronic form.

Hon. Members, to ensure that all Members are familiar and conversant with the use of the paperless system; short briefing sessions have been organised for all Members. The said briefing sessions will take place commencing today Tuesday, 12thFebruary, 2019 after the rise of the House and will go on for the next two weeks, every day from 9.00 a.m. to the close of business when the House is not sitting. You are, therefore, notified to attend these crucial sessions.

In addition, there are ongoing minor alterations and refurbishments of the Members’ lounges in the Main Building which will inevitably disrupt some services around the Members’ restaurants and lounges.

However, alternative arrangements have been made in the adjacent spaces. Your co- operation is, therefore, requested during this time. Members are at liberty to indicate when they are available, especially for the briefing sessions on the paperless system.

Thank you.

Hon. Members, if you could please take your seats.

Is the Member for Borabu seated or standing?

Those Members who are desirous of coming into the Chamber make your way in.

A certified version of this Report

Hon. Members, in order for the Chair’s considered decision on this Petition not to be construed as an impediment to the petitioners’ quest for justice and the right to petition Parliament under Article 119 of the Constitution, I advise that the petitioners are at liberty to seek recourse from other relevant agencies with jurisdiction over the allegations contained in their Petition. This is because the jurisdiction of those entities transcends the term of office of a State officer(s) whose integrity is called to question. Indeed, where the grounds contain complaints that are of criminal nature, they are at liberty to forward the Petition to the Directorate of Criminal Investigations (DCI). I, therefore, direct the Clerk to communicate my advisory to the petitioners.

I thank you.

Leader of the Majority Party.

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

The Legal Notice No. 239 of 2018, relating to the adjustment of excise duty rates for inflation and the Explanatory Memorandum from the Kenya Revenue Authority (KRA) to be referred to the Committee on Delegated Legislation.

Gazette Notice No. 1036 on Delegation of Powers and the Explanatory Memorandum from KRA to be referred to the Committee on Delegated Legislation;

The National Housing Fund Regulations, 2018 and the Explanatory Memorandum from the Ministry of Transport, Infrastructure, Housing, Urban Development and Public Works to be referred to the Committee on Delegated Legislation;

Legal Notice No. 239 of 2018 relating to the adjustment of rates for inflation and Legal Notice No. 240 of 2018 relating to the decrease in rates of the excise duty from the National Treasury which will also be referred to the Committee on Delegated Legislation;

The Reports of the Auditor-General on the Financial Statements in respect of the following Institutions for the year ended 30th June 2018 and the certificates therein:

Order Members. I appreciate that many of you have not met physically. Therefore, you are not consulting. I believe you are just greeting each other loudly, and it is normal. That should happen. Let us move to the next Order.

The Leader of the Majority Party has already indicated that those regulations will be examined by the Committee on Delegated Legislation. It is so ordered. What is the issue, Member for Suna East?

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Thank you, Hon. Speaker, for giving me the opportunity. I wanted to put to your attention that there is a Statement that I asked in form of a Question last Session on the issue of the Central Bank of Kenya (CBK) , but I was not given an answer. The Session lapsed. The Chairman of the Committee is here. You gave directives twice that he should report back to the House but he did not do it. I want to know the fate of my very important Question. I was counting days for Parliament to resume because of this matter. I have been counting hours, days and minutes that I would come back to this Floor of this House when I am alive, so that I can ask that Question again. God has given me the opportunity today. I want to know the fate of my very important Question. The Governor of CBK has decided to become somebody else.

It looks like the Member for Suna East who is the Minority Whip was not listening to my earlier Communication because he has said that he sought a Statement in the last Session.

I had not arrived, Hon. Speaker.

You had not arrived. Anything that was raised in the last Session died with it. It lapsed. That is why I invited Members to immediately begin re-introducing those lapsed businesses. For now, it is assumed that there is nothing before the House. Indeed, that is why you see the Order Paper has the Motion on the Appointment of Members to the House Business Committee (HBC) . There is no other business.

Next Order.

Leader of the Majority Party.

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

THAT, pursuant to the provisions of Standing Order No. 171 (1) , this House approves the appointment of the following Members to the House Business Committee in addition to those specified under paragraphs (a) , (b) , (c) , (d) and

Hon. John Mbadi.

Thank you, Hon Speaker. This House is aware that at the beginning of every Session the HBC has to be reconstituted afresh. In addition to those who are specified in our Standing Orders as automatic Members of the Committee, we propose just one change from the membership of the previous Session. It is not for anything, but normally we want other Members to also learn and get used to what the Committee entails.

Therefore, Hon. Omboko Milemba should give way to Hon. Osotsi to learn; probably after one Session, Hon. Omboko Milemba may come back to the HBC. The rest of the membership has been maintained as it was in the last Session.

I beg to second.

Hon. Members, before I propose the Question, let me recognise the presence in the Public Gallery, of pupils from Apostolic Carmel Primary School from Kapseret Constituency, Uasin Gishu County. They are welcome to observe the proceedings.

Put the Question.

It seems to be the desire of the House that I put the Question.

Yes.

Very well. Hon. Members, let me put the Question. Let me alert you to look at Standing Order No.175 so that you do not split hair over nothing. Meanwhile the desire seems to be that I put the Question.

Yes.

I proceed to do so.

Hon. Members, as you know, a Motion of this nature, even if you are opposed to one Member, you must reject the entire list. That would mean that you can as well go back to the village and relax at home for the next six months, unless you vote again to rescind your earlier decision. There will no business because there will be nobody to prepare the business for you. That is the net effect of rejecting the list. We are through with business.

A certified version of this Report

Order Members. There being no other business and the HBC having been approved, it required or requested to immediately meet at the rise of the House in the usual committee room to prepare business for tomorrow, Wednesday, Thursday and Tuesday next week.

The House stands adjourned until Wednesday, 13th February 2019, at 9.30 a.m. The House rose at 3.18 p.m.