Tuesday, 1st July 2025

We have a quorum to transact business.

Deputy Leader of the Majority Party.

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

Chairperson, Mediation Committee on the Gambling Control Bill (National Assembly Bill No. 70 of 2023) . Hon. Daniel Wanyama, go ahead.

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

The Report of the Mediation Committee on the Gambling Control Bill (National Assembly Bill No. 70 of 2025) . Thank you, Hon. Speaker.

Thank you. Next order.

Chairperson, Mediation Committee on the Gambling Control Bill (National Assembly Bill No. 70 of 2023) . Give him the mic.

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

THAT, this House approves the Report of the Mediation Committee on the Gambling Control Bill (National Bill No. 70 of 2025) , laid on the Table of the House on Tuesday, 1st July 2025.

Next.

Committee on Finance and Economic Planning, Hon. Kimani Kuria.

Committee on Justice and Legal Affairs. Hon. Murugara, do you have a response to Harun’s

Yes. Thank you very much, Hon. Speaker. I do have a response here.

Go ahead. Is Hon. Umulkher here?

She is not here. So, may I be allowed to table?

Yes. If she is not here, just table the Report.

Yes, I table the Report of the Office of the Director of Public Prosecutions (ODPP) on the Statement requested by Hon. Umulkher Harun, Nominated Member of Parliament.

Thank you very much, Hon. Speaker, I beg to table.

Response to a request by Hon. Cynthia Muge. Chairperson of the Departmental Committee on Labour.

Yes, Hon. Speaker.

Yes, Hon. Chonga. Is Hon. Cynthia Muge in the House? She is not in the House. You can just table the response. Just table, since even the Member who sought the Statement is not here. Table it.

Give it to the Clerk. The Member will follow up from there.

Yes, I am ready.

Go ahead.

Is he in the House? Should I table the response or read it aloud?

No, you present the response. The Member who requested is in the House.

Hon. Speaker, I wish to submit the following response from the Cabinet Secretary, Ministry of Cooperatives and Micro, Small and Medium Enterprises (MSME) , to the specific issues raised by the Hon. Member.

Hon. Speaker, the Hon. Member requested the status of Shirikisho La Wanawake Savings and Credit Society, including its financial and registration status with the Sacco Society Regulatory Authority (SASRA) .

Hon. Speaker, the current status of Shirikisho La Wanawake Savings and Credit Society is dormant, as it has not filed its audited accounts since 2007. The Sacco was not licensed by SASRA, as it was neither a deposit-taking Sacco nor a specified non-deposit-taking Sacco. As of 31st December 2007, the Sacco had 2,107 members, with a share capital of Ksh 4,056,266. The outstanding loan with members stood at Ksh1,053,674. Current assets stood at Ksh3,460,012, with liabilities totalling Ksh1,488,427. During the year, the Sacco made a loss of Ksh427,061.

On the second question, the Member wanted to know what the Ministry has put in place to ensure that the SACCO complies with established regulations.

Order, Members. I can barely hear what the Chairman is saying. Order, Members!

Those on your feet, take your seats. Go on, Chairman.

On the second question, the Member wanted to know what the Ministry has put in place to ensure that the SACCO complies with established regulations, particularly in financial reporting and holding of regular meetings. The Ministry, working in collaboration with county governments, will intensify supervision and inspection of all cooperatives to ensure adherence to the Cooperative Societies Act and the Cooperative Rules.

On the third question, the Member wanted to know what the Ministry is doing to enhance oversight of cooperative societies in the country to protect members' savings. The Ministry is undertaking the following measures to ensure the protection of members’ funds:

Thank you. Hon. Gitari.

Thank you, Hon. Speaker. I am worried that the Chairman has opted to read part rather than the entire response from the Cabinet Secretary. I have the response with me. I do not know why he is avoiding pages one and two and going directly to page three. In this same House, whenever one reads a Statement and tries to divert from any point, you rule that they should read the Statement as it is. Why is the Chairman avoiding reading the response as it is?

Secondly, the Cabinet Secretary stated that the Shirikisho la Wanawake Savings and Credit Society Limited was not being regulated by SASRA. What recourse do members who lost money in this SACCO have if SASRA does not regulate them? He also said that the same cooperative members made a loss of Ksh247,000. What is the recourse for these members? Why is he avoiding reading the response as it is, Hon. Speaker?

Hon. Shinali, are you avoiding reading some sections of your response?

No, Hon. Speaker. In my closing statement, I said I would transmit the whole copy to the Member. The reply is here, and there is nothing we are hiding. If he wants me to go through every page, with your indulgence, Hon. Speaker, I am available to do that.

Yes, Hon. Gitari.

Hon. Speaker, we have had Statements in this same House.

Order, Members. I can barely hear what the Member for Kirinyaga Central is saying. Go on.

Hon. Speaker, in this same House, you tell us to read Statements as approved. There, the minimum expectation is that the response should be read as such. I do not know why the Chairman is avoiding going through the entire response. I have it.

Two, I asked him, now that SASRA did not license Shirikisho la Wanawake Savings and Credit Society Limited, what recourse is available for members who have lost money? He also needs to give an explanation on how they incurred a loss and who was in charge of it. The gist of this is, who were the leaders of Shirikisho la Wanawake Savings and Credit Society Limited?

Hon. Shinali, have you heard the question?

Hon. Speaker, I have barely heard it. He has asked a supplementary question, which I do not have an answer to now, because it was not part of the question. I take note of it. I need to refer it to the Cabinet Secretary so that he can respond to it at the earliest opportunity.

Hon. Gitari, I propose you follow up on the issues with the Chairman in the Committee.

There is a response to Hon. Mary Maingi. Chair, Departmental Committee on Trade, Industry and Cooperatives.

Hon. Speaker, I thank you for this opportunity to respond to the request for a Statement by Hon. Mary Maingi on the importation of rice into the country. I wish to give the background as laid out in the Statement. The Kenya National Trading Corporation’s (KNTC) vision, mission, core mandates and strategic objectives are as follows. Vision: to be a leading agent for change and socio-economic transformation of Kenya. Mission: to provide customers within the region with quality products and services through an efficient distribution network, partnerships and innovation. The mandate of KNTC entails the following:

initiatives to create a price stabilisation for essential household food items. As such, KNTC, as a trading company, will supplement other state initiatives by creating strategic reserves for stable and essential food items, vital farm inputs including fertiliser and any other goods necessary for ensuring stability in prices of core goods consumed by Kenyans.

It was noted that KNTC will leverage its infrastructure and capacity to help stabilise the prices of all essential items in instances where the price swings of essential items are abnormal and against the public interest.

To realise the mandate, KNTC will continue to partner with the National Cereals and Produce Board (NCPB) and local and regional financial intermediaries specialising in trade and commodity financing. The strategic objectives are as follows:

Order, Members.

On the specific statements as required by Hon. Mary Maingi, Member for Mwea Constituency, Hon. Speaker, I wish to submit the following response from the Cabinet Secretary, Ministry of Industry, Trade and Investment Promotion, to the specific issues raised by the Member. The Member wanted to know the total quantity of rice that the government intends to import as part of the measures to supplement domestic production and bridge the deficit in the local demand.

Order, Members. Go on, Hon. Shinali.

Hon. Speaker, this being a policy matter, KNTC importation will be informed and guided by the Government, based on the actual and projected production quantities, which may be provided by the relevant Ministries, Departments, and Agencies (MDAs) such as the ministry responsible for agriculture, department of crop production, the Agriculture and Food Authority (AFA) among others.

Regarding the second question, the Hon. Member inquired about the total annual rice production in the last Financial Year compared to the local annual consumption projection.

The annual production of rice may be provided by the relevant MDAs, such as the ministry responsible for agriculture, that is, crop production, and the Agriculture and Food Authority.

On the third question, the Hon. Member wanted to know the measures in place to support farmers in rice-growing areas, such as Mwea, in increasing rice production for the country and reducing the over-reliance on imported rice.

KNTC, as a trading company, will supplement other state initiatives by creating strategic reserves for stable and essential food items, as well as vital farm inputs, including fertilisers. A fertiliser subsidy programme is already in place to reduce production costs, and the National Irrigation Authority is supporting farmers with irrigation infrastructure on their farms.

The fourth question is: What steps are being taken to cushion rice farmers in the country from likely unfair market competition that could lead to market saturation by imported rice?

The Government, through a presidential directive, mandated KNTC to mop up excess rice from farmers in Mwea and Ahero for onward distribution to government institutions. KNTC is performing the function to date, and with increased production, they have initiated

Hon. Shinali, that is too long. Can you paraphrase?

I am almost through, Hon. Speaker.

Order, Members. Members, on your feet, take your seats. Hon. Mary Maingi, I doubt if you followed the response to your request for a Statement. Did you follow anything?

Hon. Speaker, the consultations were so loud. I will need to read the response to the Statement myself.

I think that is the right thing to do. And if you are not satisfied, you can prosecute the statement in the Committee.

Order Hon. Members. First, congratulations for turning up in large numbers.

When we reach the business at Order No. 10, we had communicated to you that we would be voting electronically. I hope you all have your gadgets ready. But before we get there, allow me to make some communication.

Hon. Members, the first item is the referral by His Excellency, the President, of two Bills of this House.

Pursuant to the provisions of Standing Order 42, I wish to report to the House that I have received two (2) Messages from His Excellency the President, regarding the referral of the National Land Commission (Amendment) Bill, 2023; and the Cancer Prevention and Control (Amendment) (No. 2) Bill (National Assembly Bill No. 45 of 2022) to Parliament for reconsideration.

In the Messages, His Excellency the President conveys that pursuant to the provisions of Article 115(1)(b) of the Constitution, he has considered the National Land Commission (Amendment) Bill, 2023 and referred it back to the National Assembly for reconsideration, expressing reservations on Clauses 2 and 3 of the Bill. Additionally, His Excellency the President has expressed reservations on Clauses 2, 3 and 4 of the Cancer Prevention and Control (Amendment) (No. 2) Bill (National Assembly Bill No. 45 of 2022).

His Excellency the President has detailed the reasons for his Reservations on the Bills and made recommendations thereof for consideration by the National Assembly and Houses of Parliament respectively. His Excellency the President now requests Parliament to reconsider the Bills in accordance with the provisions of Article 115 of the Constitution.

Hon. Members, you may recall that this House passed the National Lands Commission (Amendment) Bill, 2023 on 13th March 2025, following which I presented the Bill to His Excellency the President for assent in accordance with the provisions of Article 115 of the Constitution. Similarly, the Cancer Prevention and Control (Amendment) (No. 2) Bill (National Assembly Bill No. 45 of 2022) was passed by the Houses of Parliament on 15th April 2024 and thereafter submitted to His Excellency the President for assent in accordance with the provisions of Article 112(2)(a) of the Constitution.

Hon. Members, the House is required to consider the President’s Reservations to the specified clauses in respect of each Bill. Standing Order 154(2) requires the House to consider the President’s Reservations within twenty-one (21) days upon receipt of the Memorandum.

In this regard, with respect to the President’s Reservations to the National Lands Commission (Amendment) Bill, 2023, the Message from His Excellency the President, together with the Memorandum, is hereby referred to the Departmental Committee on Lands for consideration and reporting.

The Memorandum to the Cancer Prevention and Control (Amendment) (No. 2) Bill (National Assembly Bill No. 45 of 2022), together with the Message from His Excellency the President, are hereby referred to the Departmental Committee on Health.

The Committees should prioritise the Bills and table their reports to allow this House to consider the President’s Reservations within the statutory timelines. Upon conclusion of consideration of the President’s Reservations to the Cancer Prevention and Control (Amendment) (No. 2) Bill (National Assembly Bill No. 45 of 2022), I will transmit the decision of the National Assembly to the Senate for reconsideration.

It is important to guide the House that the consideration of the President’s Reservations to the Bills by the respective Committees and the House will be undertaken in accordance with the provisions of Article 115 of the Constitution. Further, the guidance contained in the Speaker’s Communication of 28th July 2015 relating to the Consideration of the President’s Reservations to a Bill and amendments thereto will apply, as shall be necessary.

I now direct the Clerk to circulate the Memorandum of His Excellency the President on the two Bills to all Members.

The House is accordingly informed.

On a point of order, Hon. Speaker.

Yes, Hon. Oluoch.

Hon. Speaker, I wish to draw your attention to a stranger who is sitting in the House.

Order, Hon. Members. Who is the stranger?

Hon. Speaker, you have severally issued rulings about the dress code in this House. Those rules form part of the tradition of this House. Looking at the Speaker’s Panel, including yourself, you are all dressed in collars. Is it in order for the Member for Embakasi East to walk in dressed as if he were the Speaker, save for your gown? We need your guidance on whether this forms part of the proper dressing code for the House.

The Member may have been admitted the other day, but that attire may cause confusion. I may be tempted to bring my own collar and dress the same way. Therefore, Hon. Speaker, I request you to give guidance as to whether the Member for Embakasi East is improperly dressed.

I thank you.

Order! Order, Hon. Members. Indeed, Hon. Babu Owino, you are improperly dressed. Even your seniors, Hon. Millie Odhiambo, Senior Counsel Otiende Amollo, Otieno Kajwang’, the "Chief Justice", and Hon. Gladys Boss, have never turned up dressed like that. I order you to retreat from the House, dress up and come back.

Order, Hon. Babu. When you are ordered to leave, do so without fanfare. Order, Hon. Members. I have a Communication to make.

Hon. Wamumbi and Hon. Wanjala, take the nearest seats. Order, Hon. Kwenya. Order! Members, on your feet, take your seats. Hon. Wanjala, you are everywhere. I have another Communication to make.

Hon. Members, this Communication is on the consideration of the Constitution of Kenya (Amendment) Bill (National Assembly Bill No. 4 of 2025) .

I have been advised by your Whips that you have garnered the necessary quorum to transact business at Order No. 11. Is it Order No. 10 or 11? It is Order No. 10. Following this Communication, there are Members who will wish to request statements. We also have brief business to transact, including appointing Members to serve as trustees for your post-service medical scheme. After I make this Communication, the House Business Committee agreed that we will quickly dispose of Order Nos. 8 and 9.

We shall then guide the House into division on the Constitution of Kenya (Amendment) Bill. Hon. Members, please remember that you will vote twice. You will first vote at the Second Reading of the Bill. The Speaker will recess behind here to allow the House to go into Committee of the whole. It is a very short Bill. I will then come back to take you through the Third Reading, so that by the close of business today, we should have been done with the Constitution of Kenya (Amendment) Bill on the National Government Constituencies Development Fund (NG-CDF), National Government Affirmative Action Fund (NGAAF) and other matters. So, please do not be tempted to cast your vote and then disappear, thinking the business is over. You will vote more than once. Hon. Members, you are accordingly guided.

Order! Your Chief Whips have done a wonderful job in getting all of you here. You may recall that the Constitution of Kenya Amendment Bill, National Assembly Bill No. 4 of 2025, was read First time in this House on Wednesday, 12th March 2025, following which I referred it to the Department of Committee on Justice and Legal Affairs in consideration, public participation and reporting to the House.

The Bill, which is co-sponsored by Hon. Samuel Chepkonga, CBS, MP and Hon. (Dr) Otiende Amollo, Senior Counsel, CBS, MP, was published in the Kenya Gazette-Supplement on 26th February 2025 and seeks to amend the Constitution to entrench the following funds; One, The National Government Constituencies Fund (NGCF) for purposes of ensuring reasonable access to exclusive national government functions in all constituencies as envisaged in Article 6 (3) and guaranteeing the participation of the people in the identification and implementation of priority national government programmes. Two, the Senate Oversight Fund, to ensure that the Senate is adequately empowered and resourced to perform its oversight functions, and three, the National Government Affirmative Action Fund (NGAAF), to enhance the national government's measures on affirmative action.

Hon. Members, the committee concluded the public participation exercise and Tabled its report on 17th June 2025. The Bill is now in Second Reading as listed on the Order Paper. Before the House resumes debate this afternoon, I would like to highlight the procedural aspects related to the consideration of Bills to amend the Constitution through parliamentary initiatives. Hon. Members, concerning the manner of debating the Bill, I know that the debate on the Bill to amend the Constitution is not subject to curtailments, contemplated under Standing Orders No. 95, closure of debate and No. 97, limitation of debate. In this regard, neither Motion seeking that the mover be called upon to reply nor a Motion to limit debate on the Bill shall be entertained.

Hon. Members, on voting thresholds, Article 256 of the Constitution prescribes the threshold for passage of a Bill to amend the Constitution, both at the Second and Third Readings. For emphasis, it provides as follows, and I quote: “ A Bill to amend this Constitution shall have been passed by Parliament when each House of Parliament has passed the Bill in both its Second and Third Reading by not less than Two- Thirds of all the Members of that House. In this regard, the Constitution of Kenya Amendment Bill 2025 will stand passed at the Second Reading if it garners the support of not less than 233 Members of this House, being at least Two-Thirds of the Members of the National Assembly. This threshold will also apply to the vote at the Third Reading; barring this threshold at either of the two stages, the Bill will have been lost. Hon. Members, upon conclusion of debate at the Second Reading stage, the House shall proceed to vote. Should the vote on the Bill meet the constitutional threshold, the House shall proceed to Committee of the Whole House as indicated in Supplemental Order Paper. Thereafter, the House shall take a vote on the Third Reading stage of the Bill. Having said that, Hon. Members, I wish to notify the House that I have received representations from four Members who indicate that they are indisposed and have confirmed that they are so indisposed.

Our records indicate that the four Honourable Members have been indisposed and have been on rest or recuperation with the consent of the Honourable Speaker and their respective doctors. In this regard, they will be allowed to vote virtually. The members are;

Bungoma County,

Sabatia Constituency,

Isiolo North, and

Hon. Members, Standing Order No. 62 grants latitude to the Hon. Speaker to direct a further vote in the event that any question requiring a fixed majority is carried but fails to meet the Two-Thirds majority at the first instance. Standing order No. 62 provides that, and I quote: “Whenever a Bill or a Special Motion, the passage of which requires a special majority in the assembly, fails.

important day in the history of this country, when we are seeking to entrench a very important fund, the NGCF, in the Constitution —a fund that has enabled many students to attend school and has helped improve the infrastructure in our schools. So, they will always remember in their lives that they came to this honourable House on a day that will define the history of the education sector of this country, with the NGCF entrenched in the Constitution. Thank you.

Thank you, Hon. Speaker. I rise to give you a heads-up. A while ago, we talked about the young boys and girls who man our security in Parliament. You gave your undertaking, which we do not doubt, that all of them would be absorbed into Parliament in terms of employment. I was just giving you a heads-up that their positions have been advertised today in one of the dailies. I just want to give you a heads-up because we trust your word. You gave your commitment to this House, and we have always believed in all the commitments you have given us. I was just thanking you in advance. Continue keeping your good word because these young men and women depend on that work.

Thank you, Hon. Speaker.

Thank you, Hon. Wamboka. None of those young people will be prejudiced, so you need not worry. My undertaking remains.

Next Order.

Thank you, Hon. Speaker.

Hold on, Hon. Kimani. Yes, Hon. Shinali. What is your point of order?

Hon. Speaker, I am sitting next to the Member for Homa Bay Town. He has a gadget on the table and I am not sure whether we are safe. I want him to disclose what is inside.

Order, Members. Hon. Kaluma, that looks like a lady’s handbag.

Hon. Speaker, this handbag belongs to Hon. Ng’elechei, who was previously sitting here. Men do not touch ladies’ bags in my culture. Could Hon. Ng’elechei come for her bag?

Hon. Ng’elechei, is that your bag?

Yes, Hon. Speaker. That is my bag.

The guidance is that while our lady Members are allowed to come into the Chamber with their bags, they are not supposed to part with them.

Hon. Speaker, I had misplaced my bag. I do not know where Hon. Kaluma found it. I have just realised it right now.

Go and reclaim it. Yes, Hon. Millie.

Thank you, Hon. Speaker. I would have waded into that discussion, but I wish to be a good girl today. I will not wade into that discussion for another reason.

I rise under Standing Order 95 (3) to alert Members that because this is a Constitution Amendment Bill, you are allowed to debate until every Member has spoken. I hope you understand me. So, Members, it is up to you. You have a choice to speak.

No! No!

I just wanted you to know. I just wanted to bring it to your attention. It is okay if you want to vote.

No! No!

Order, Members! Proceed, Hon. Kimani.

Order, Members. Hon. Ng’elechei take your seat or remain upstanding if you have no seat.

Order, Members! Order, Member for Thika. Remain upstanding if you have no seat. Hon. Members, pay attention. Let us dispose of Order Nos.8 and 9, and then we go to the business that you have all turned up in large numbers for.

Proceed, Hon. Kimani.

Hon. Speaker, I know I am standing in the way of a very important matter due for consideration in this House, so I will only take two minutes.

Hon. Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Departmental Committee on Finance and National Planning on its consideration of the Ratification of the Agreement Establishing the European Bank for Reconstruction and Development (EBRD) , laid on the Table of the House on Tuesday, 24th June 2025, and pursuant to the provisions of Section 8 (4) of the Treaty Making and Ratification Act, CAP 4D, approves the Ratification of the Agreement Establishing the European Bank for Reconstruction and Development. In a bid to access inexpensive financing, the Republic of Kenya is looking to establish banks and become a shareholder and a member of those banks. Before the end of the last Session, we ratified the establishment and membership of Kenya in the African Trade Corporation Bank. Kenya has now identified another very important stakeholder bank called the European Bank for Reconstruction and Development. We will be among six countries in Africa, including Benin, Côte d’Ivoire, Ghana, Nigeria and Senegal, to become members and shareholders of this Bank.

As shareholders and members of this Bank, we will have access to cheaper credit so that we do not crowd out Kenyan entrepreneurs from domestic borrowing, which our Government does to finance projects. Most importantly, the EBRD has identified Kenya as its

headquarters of choice in Africa. This means that Kenya continues to spearhead the hosting of global institutions, including the East African Development Bank, which will be established in Nairobi and will expand to the rest of the country.

With those few remarks, I beg to move and request the able Member for Kesses, and a Member of the Committee, Hon. CPA Rutto, to second.

Thank you very much, Hon. Speaker. I rise to second this Motion on the ratification of Kenya as a member of the European Bank for Reconstruction and Development. This is a huge step in positioning our country to access strategic partners in terms of development and grow our economy as we seek to advance our development goals.

I beg to second the Motion.

Order, Members. Leader of the Majority Party, disband your Kamukunji. Members on their feet, take your seats. Member for Lari, take your seat.

Put the Question!

Put the Question.

Do I put the Question?

Yes.

Next Order.

On a point of order.

Hon. Gisairo, what is your point of order?

Thank you, Hon. Speaker. I am sorry for interrupting. We passed the Third Supplementary Budget last week where we allocated Ksh12 billion which was the balance of the National Government – Constituencies Development Fund (NG-CDF) for Financial Year 2024/2025.

I would like to inform the House that as at yesterday, which is the time the National Treasury had promised to disburse the money to the Board, there was nothing forthcoming. After today, we will go on recess. On average, each constituency will be short of approximately Ksh39 million. We ask the leadership of this House to contact the National Treasury mandarins and give a response before the end of the Sitting today.

Thank you.

The mandarins, whoever they are, have heard you.

Leader of the Majority Party.

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

THAT, pursuant to the resolution of the Parliamentary Service Commission of 23rd June with respect to the Trust Deed and Rules for Post- Service Medical Scheme for Members of Parliament, this House appoints the following Members of Parliament to the Board of Trustees for the Post-Service Medical Scheme for Members of Parliament—

Hon. Junet.

Hon. Speaker, I second the Motion.

Put the Question.

Do I put the Question?

Yes.

Hon. Members, as I put the Question, I want to advise you.

Order, Member for Kisumu East. You are out of order to be talking on phone while in the House. Please do not do that. You are a senior. Hon. Members, those of you who have not registered, please do it.

Members, for avoidance of doubt, I had said we would call upon the Mover to reply. However, is there any Member who still wants to contribute to this Bill?

No.

I will repeat. Is there any Member who still wants to contribute to this Bill?

No.

Mover.

Thank you, Hon. Speaker. In accordance with Standing Order 82 (3) , I will donate my two minutes only to the Leader of the Majority Party.

Leader of the Majority Party, the donation is two minutes.

Thank you, Hon. Speaker. Since I have not contributed to this debate, I wish to register my support for this Bill. I also assert, as was

said by many members, that the National Government Constituencies Development Fund (NG- CDF) is the most impactful fund this country has ever had since its independence.

It is important to clarify that the Fund is not in competition at all with devolved funds or county governments. If anything, it supplements the work of the national Government and our county governments in delivering services to the people who elected us.

With those few remarks, I support the Bill and also express support for the National Government Affirmative Action Fund (NGAAF). When we refer to NG-CDF, we incorporate the NGAAF as part of it. As affirmative as it is, this Fund enables meaningful interventions in social programmes that would otherwise not be covered by either the national Government or the county governments. I commend our women leaders, especially the Women Representatives, for the great work they are doing across all our counties. These Women Representatives are doing far more with fewer resources than those who have access to greater allocations at the county level. I commend all of them and beg to support.

Hon. Otiende Amollo.

The Leader of the Minority Party wants one minute. I will donate it to him.

Hon. Junet, one minute.

Hon. Speaker, I also rise to support this constitutional Bill. I wish to speak to our colleagues in the Senate and urge them to support this Bill. This is not about Members of Parliament. It is about Kenyans. Any money that is devolved benefits the Kenyan people. As you are aware, Senators are already enjoying the Senate Oversight Fund. Every Senator is receiving about Ksh1.5 million every month per constituency. What we are doing here is intended to help Kenyans, not ourselves. Members of Parliament do not benefit in any way from the NG-CDF. Therefore, I urge the Senate to support this Bill in the same spirit they support county governments, because every cent devolved benefits the people of Kenya.

I support.

Give the microphone to Hon. Otiende Amollo.

Hon. Speaker, since the introduction of this Bill on 12th March this year, we have had discussions for the last four months. Even during the pre-publication stage, we engaged in dialogue. During public participation, we held extensive discussions. Since moving the Bill, there has been overwhelming support from Members.

It is important to note that Members have articulated that this Bill aligns with constitutional principles, particularly the distinction between devolution and decentralisation. Members have worked to disabuse those who believe these funds compete with devolution by explaining that the funds are drawn from the national Government’s share of revenue. Members have also highlighted the limited and peripheral role that Members of Parliament play. They have extolled the virtues of the funds and clearly outlined the benefits to citizens. In fighting these three funds, you are not fighting the National Assembly; you are fighting the citizens of Kenya.

It has been observed that these funds were established in the spirit of reducing the imperial powers of the Executive. Those opposing them seek to reverse this progress. We sought to constitutionalise these funds not because it was strictly necessary, but to put an end to unnecessary litigation. We chose the parliamentary route not because we could not pursue a popular initiative, but because that path is costly to the public and not required by the Constitution. However, if those opposed believe they can block this process as a way of fighting the National Assembly, we are prepared to pursue the popular initiative route, and we shall still succeed. Over 230 entities and individuals participated in public consultations, and 98.5 per cent expressed support. We are confident that, even in a referendum, we would achieve the

necessary threshold. Those who believe they can curtail this process know that you are fighting the people.

I beg to reply.

Thank you. Members, on your feet, take your seats.

Hon. Johana Ng’eno, take your seat or freeze where you are. Hon. Members, the question I am putting does not require your immediate vote. I have been advised that we have the requisite numbers to vote. I now order that the Division Bell be rung for five minutes. As the Division Bell rings, the Whips of the Majority and Minority Parties should be on their feet to ensure that their Members, who may be absent-minded or loitering outside, are called in to participate in the vote.

Now ring the bell for five minutes.

Hon. Members, the five minutes are over. Serjeants-at-Arms, you may stop ringing the Quorum Bell. I now order the doors to be locked and the Bar to be drawn.

Order, Hon. Members. Take your seats. Hon. Karemba, you are holding an illegal kamukunji. The Member wearing a tarboosh, Hon. Bedzimba, take your seat. I believe that is the correct name of your headgear. It is called a tarboosh, right?

Hon. Members, you remember what you were told during your induction. That you remain in your seats and maintain studio silence when voting. More so when voting on a constitutional matter. I expect all of us to observe the etiquette we set for ourselves in our Standing Orders.

Hon. Kawanjiku, what is your crisis? Hon. Members, for avoidance of doubt, I will now remind you of the question. It is “That the Constitution of Kenya (Amendment) Bill (National Assembly Bill No. 4 of 2025) be read a Second Time”.

I now give you 120 seconds to log in and wait. Do not vote yet. Just log in and be patient. Procedurally, although it appears overwhelming, I should still have tellers for “Ayes” and for any possible “No”. Whip of the Majority Party and Whip of the Minority Party, can you give me one teller each?

Hon. Wamumbi, you will be a teller. However, remain where you are to vote since you are voting electronically. Hon. Millie, who is your teller? Hon. Mawathe, are you a teller?

The rest, remain in your seat and vote. For the record, those standing are the two tellers. Do not vote yet. I will tell you how many you are first. It has no expiry period, just hold it. I want everybody to be at the same level. We have ICT teams around if you have any

challenge with your card. Hon. Wanjala, seek help in the event your card or gadget malfunctions.

Hon. Koimburi.

We have no information about Hon. Koimburi. Stop bringing his name here.

Hon. Koimburi

Hon. Koimburi made no request to Mr Speaker on how he wishes to vote.

Order Members! I believe that the number we have and the number of Members present may not be tallying properly. I believe you are more than the number I am getting. I ask the two Whips to count; Hon. Osoro, stand here and count on this side while Hon. Millie counts everybody from the other side, from here. Everybody is to remain in their seat. This is a constitutional moment for you, and we want to have the numbers properly recorded.

(Hon. Silvanus Osoro and Millie Odhiambo-Mabona proceeded

to count the Members on the Majority and Minority side)

Order, Hon. Members! Hon. Mwago, take your seat. Hon. Members, we have now verified the numbers. The number of members who voted electronically was 277. Members who voted virtually on a special request and acceptance by the Speaker were three.

Order, Hon. Member. How many times must I remind you that during a voting situation, everyone must remain seated? It is important that you remain in your seats and learn from your leaders. In Jomo Kenyatta’s book, Facing Mount Kenya, he points out that in the wild, smaller animals observe the behaviour of giraffes. For this purpose, the giraffes are your leaders. Hon. Junet and Hon. Ichung’wah are still here. Hon. Osoro and Hon. Millie left with my permission. Watch them carefully; they are your giraffes, and I encourage you to read Facing Mount Kenya.

I am not talking about that ‘Mount Kenya’; I am talking about Mount Kenya as viewed by Mzee Jomo Kenyatta.

Hon. Members, the electronic votes were 277, virtual votes were three, and the other 11 votes were assisted Members. So, we are more than what the machines have recorded. We have 301 present and voting Members, and three of our colleagues who are indisposed voted virtually. I will now announce the results of the vote.

RESULTS AYES

Hon. Members the results of the vote are as follows: Ayes – Noes – Abstention – 0 The Ayes have it.

I now order that the Bars be drawn and the doors be open. Hon. Members, that is not the end of the vote, will still have to vote in the Committee of the whole House.

Hon. Members, we are now in the Committee of the whole House to consider the Constitution of Kenya (Amendment) Bill, (National Assembly Bill No 4 of 2025) .

(Title agreed to)

Mover.

Hon. Chairlady, I beg to move that the Committee do report to the House its consideration of the Constitution of Kenya (Amendment) Bill, (National Assembly Bill No 4 of 2025) and its approval thereof without amendments.

Hon. Chairperson.

Hon. Speaker, I beg to report that the Committee of the whole House has considered the Constitution of Kenya (Amendment) Bill (National Assembly Bill No. 4 of 2025) and approved the same without amendments.

Mover.

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

I also request the Hon. George Murugara to second the Motion for agreement with the

report of the Committee of the whole House.

Thank you very much, Hon. Speaker. I beg to second.

Order. Order, Hon. Members. Take your seats. Hon. Joseph Lekuton, take your seat. Some Members just enjoy running across the Floor even if you tell them to take the nearest seats.

Mover.

Hon. Speaker, I beg to move that the Constitution of Kenya (Amendment) Bill (National Assembly Bill No. 4 of 2025) be now read a Third Time. I also request Hon. George Murugara to second.

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

Members on their feet, take the nearest seats.

Hon. Members, I confirm that we have an overwhelming quorum today. I now put the question, and you do not have to vote by acclamation, that the Constitution of Kenya (Amendment) Bill (National Assembly Bill No. 4 of 2025) be now read a Third Time.

Serjeant-at-Arms, ring the Bell for five minutes.

Is the five minutes over? Hon. Millie Odhiambo-Mabona and Hon. Silvanus Osoro, ensure all your Members are in. Members, you are already logged in. So, this time round do not disengage your cards. Leave them where they are. Members who recessed to the rear, the five minutes are over. I now order that the doors be locked and the Bars be drawn.

Hon. Members, go to your seats. Now, in the interest of time, Members whose gadgets malfunctioned, we do not have to wait to start calling you. As we go into the vote, you can start streaming to the Table to record your vote. Members, are you ready? Do not log out. You are already logged in. Hon. Members, you are already logged in and so, do not log out. If you are not logged in, check to ensure that your gadget is working. Do not vote until I tell you to do so. Clerks-at-the-Table, be efficient. The clock is still ticking.

Hon. Elisha, being an assisted voter does not include chatting and laughing. Just queue and wait for your turn to vote.

Hon. Members, you can now vote. RESULTS

AYES

Order, Hon. Members.

Hon. Nyamita, take your seat. The results of the Division are as follows: Number of Members present and voting is 295, out of which 283 are electronic voters and 12 are assisted voters. We also have three virtual voters. Total votes cast are 298 as shown below:

Ayes – Noes – Abstention – Total votes –

Now you can open the doors and draw the Bars. Next Order. Clerk-at-the-Table, we will go back to Statements. Call out the Order on Statements.

There are Members with requests for statements. We are back to Order No.7. The following Members had requests for statements: Hon. Elachi and Member for Isiolo. Hon. Elachi, go ahead.

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a statement from the Chairperson of the Departmental Committee on Education regarding the mechanism of transitioning students who missed to sit for the Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE) examinations. The rollout of the Competency- Based Curriculum (CBC) to replace the 8-4-4 system of education resulted in the Kenya National Examinations Council (KNEC) administering the last KCPE examinations under the 8-4-4 education system in 2023. Further, the final secondary school class under the 8-4-4 education system will sit for KCSE examinations in 2027, marking the end of an era for the 8-4-4 education system and paving way for the full implementation of CBC.

It is estimated that over 9,000 pupils did not sit for the final KCPE examination in 2023 and other preceding years due to various reasons, a majority of whom were girls affected by early pregnancies, illness and other unforeseen circumstances. Those learners now stand the risk of never progressing to secondary education for not having the opportunity to sit for KCPE examination, which is no longer being administered. The same fate awaits students who may miss to sit for the last KCSE examination in 2027. While many of those learners remain interested in completing their education and sitting for both KCPE and KCSE examinations, others were and are still desirous of bettering their previous grades before the examination is totally discontinued from the education system. Further, the shift from the 8-4-4 examination system to the competency-based assessment system presents a significant challenge in terms of curriculum adaptation, teacher training, assessment development and conversion of qualifications from the 8-4-4 system to CBC.

It is against this background that I request for a statement from the Chairperson of the Departmental Committee on Education on the following:

Thank you. The request is directed to which Committee, Hon. Beatrice?

Departmental Committee on Education.

Chairman of the Departmental Committee on Education, can you respond in the first week after recess?

Yes. Thank you.

Member for Tarbaj in Wajir, go ahead.

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding funding for the construction of Wajir-Tarbaj-Kotulo Road. The road, which traverses Tarbaj Constituency, is part of the Horn of Africa Gateway Development Project (AGDP) that is supported by the World Bank, with the aim of improving connectivity between Kenya and other Eastern and Southern African countries. The project is expected to improve movement of people, goods and services across the region. Additionally, the project will improve digital connectivity and access to social services by communities in the designated locations along the targeted sections.

The construction of the said road is in two parts, being Wajir-Tarbaj Road (Lot 1) and Tarbaj-Kotulo Road (Lot 2) . It was advertised under tenders No.KeNHA/2506/2022 and KeNHA/2507/2022, respectively, heralding hope that, that largely marginalised region would finally benefit from the improved connectivity. Although the construction commenced, the completion of the project is now facing uncertainty due to financing challenges. Reports indicate that the National Treasury did not provide funds for the construction and completion of Tarbaj-Kotulo Road in the 2025/2026 Financial Year. This has raised fears of the project facing the threat of termination due to lack of funds.

Hon. Speaker, it is against this background that I request for a statement from the Chairperson of the Departmental Committee on Transport and Infrastructure on the following:

Chairperson of the Departmental Committee on Transport and Infrastructure. Yes, Hon. (Maj) Bashir?

Hon. Speaker. I associate myself with the request for that Statement because it is very important. We know that the work has already started on the Horn of Africa Gateway Road Project. As we speak, it is not only the section where the Member of Parliament has talked about, but in a number of sections, where contractors have downed their tools because the funding or budget has not been factored in. Remember, this is a project where His Excellency the President has pronounced himself to the fact that it must be done and completed by the end of 2027. However, as it is now, it looks like it is going into headwinds. This might affect the promise that has been made to the people of Kenya and the people of North-Eastern, specifically, that the road from Mandera all the way to Madogashe in Isiolo will be tarmacked. We want this matter to be taken with the seriousness it deserves. We want an answer as soon as possible.

Thank you, Hon. Speaker.

Chairperson of the Departmental Committee on Transport and Infrastructure. Do we have any Member of that Committee?

It does not matter! Take your seat. I am asking for the Chairman of the Departmental

Committee on Roads and Infrastructure. Clerks-at-the-Table inform the Departmental Committee on Roads and Infrastructure to bring a response in the first week after recess.

Yes.

Go ahead.

Although I wanted to talk about that one because it starts from my county.

Just go to your request for a statement.

The Horn of Africa Road starts from my county, but it has stopped. Anyway, thank you, Hon. Speaker. I will also board that horse when it comes.

Order, Hon. Tubi. When you request for a statement, you only read what the Speaker approved.

Thank you, Hon. Speaker. I have finished.

Where is Hon. Tongoyo? Any Member of the Departmental Committee on Administration and Internal Security? Hon. Caroline Ng’elechei ,you are a member of the Security Committee? You tell your Chair to bring a response in the first week after recess.

Thank you, Chair. I will communicate.

I am the Speaker, not the Chair of the House.

Thank you.

Hon. Omanyo.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the inconsistencies in the operationalisation of administrative units that were gazetted within Busia County.

The national Government gazetted new divisions, locations and sub-locations in Busia County as part of the measures to enhance equitable access to Government services and coordination of national Government Administration. However, the administrative units have been inconsistently and selectively operationalised in Teso Sub-County, leaving out those within Busia Sub-County. They include Bukhayo West Division, Mundika, Bugeng’i, Esikulu, Lung’a, Buyosi, Murende and Nasira locations and Hung’ungu, Mundulusia, Budokomi, Munongo, Bukalama, Mujuru, Indoli, Sihagua, Burumba, Bulanda, Mabale, Madele, Namikoye, Syamahanga, Nyibura and Sikoma sub-locations.

Hon. Speaker, the inconsistencies in the operationalisation of administrative units in the two sub-counties within Busia County disadvantages the residents of Buhayo Sub-County in the access to critical Government services, including security and recruitment opportunities such as teachers, police officers and Kenya Defence Forces officers.

Hon. Speaker, it is against this background that I request for a statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following:

Yes, Hon. Odanga. Give Hon. Odanga the microphone.

Thank you, Hon. Speaker. I thank Hon. Omanyo for coming up with the request for a statement. Administrative units were gazetted in 2017 and it has taken so long for the Government to operationalise them. Last December, I wrote and went to the Ministry of Interior and National Coordination. We were promised that divisions, specifically Bukhayo West Division, locations and the sub-locations were going to be operationalised. With this request for a statement, I believe the Ministry will move with speed to ensure the operationalisation for the purpose of bringing services closer to the people.

Thank you, Hon. Speaker.

Chairman of the Departmental Committee on Administration and Internal Security. Hon. Ng’elechei, can you bring a response within the first week after recess?

Yes. Hon. Speaker. I will convey the message to the Chairman.

Hon. Wamuratha.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a statement from the Chairperson of the Departmental Committee on Education on measures being taken to resolve the challenges facing the Kiambu National Polytechnic (KINAP) , formerly known as Kiambu Institute of Science and Technology, and popularly known as KIST.

Kiambu National Polytechnic (KINAP) , formerly known as Kiambu Institute of Science and Technology (KIST) , is a national TVET institution that was established in 1973, and is fully accredited by the Technical and Vocational Education and Training Authority (TVETA) to offer diploma, craft and artisan courses. The polytechnic has a student population of 9,528 trainees. Despite its vital role, the institution faces various operational challenges, including a severe staffing shortfall. Notably, based on TVETA’s recommended student- instructor ratios, 1:15 for practical classes, 1:30 for theory and 1:10 for high-risk workshops, KINAP requires at least 550 trainers. However, the Public Service Commission has provided only 163 trainers. Due to this shortage, the polytechnic has had to hire 160 additional trainers using internally generated funds, thereby diverting resources that are meant for infrastructure and equipment to payment of trainers. With enrolment projected to hit 12,000 by September 2025, an additional 400 trainers will be needed.

Additionally, there are serious delays in the disbursement of Government funding to the institution. Out of the Kshs.30,000 per student capitation promised, only Kshs.13,000 has been released in the Financial Year 2024/2025. The polytechnic also has a severe shortage of hostels, laboratories, classrooms and training equipment.

It is against this background that I seek for a statement from the Chairperson of the Departmental Committee on Education on the following:

Thank you, Hon. Wamuratha. The Chairman of the Departmental

Committee on Education? Is there any Member of the Committee? Clerk-at-the-Table, notify

Yes, Hon. Speaker.

On 16th April 2025, the Member for Gilgil, Hon. Martha Wangari, sought a statement from the Departmental Committee on Finance and National Planning on the status of the Aviator game of chance. In particular, the Member sought a response on the following questions:

out to customers as winnings. This tax applies to betting, lotteries, gaming, and prize competitions, and is calculated and remitted monthly by licensed operators. In essence, gaming companies subtract total winnings paid out from the total amount wagered, and a 15 per cent gaming tax is applied on the resulting gross revenue.

Finally, a 30 per cent corporation tax is payable by all resident companies. However, allowable tax-deductible expenses apply to that corporate income. The Aviator and Jackpot Games of Chance are classified as digital games of chance under the BLG Act. Their taxation regime is aligned with that of other betting and gaming activities, which includes excise duty, withholding tax on winnings, gaming tax and corporation income tax.

There are approximately 346 betting and gaming companies that are operating in Kenya, and which are employing around 4,217 Kenyans. Those companies also remit several taxes, including PAYE, VAT, withholding VAT, corporation tax, withholding income tax, excise duty on betting and gaming, betting and gaming tax, monthly rental income (MRI) tax and withholding income tax on rent, NITA levy, and the Affordable Housing Levy. In the Financial Year 2023/2024, the sector contributed a total of Ksh23.6 billion in taxes. For the first three quarters of the Financial Year 2024/2025, Ksh26.28 billion has already been remitted, meaning that collections have surpassed the total of the previous full year by Ksh3 billion.

Those tax revenues are projected to double in the Financial Year 2025/2026, owing to reforms made through the Finance Act of 2025 by the Departmental Committee on Finance and National Planning. Those reforms focus on taxing deposits and withdrawals, thereby addressing tax evasion, particularly by offshore betting entities. The reforms are expected to foster responsible gambling in Kenya. The following are individual tax yields from various gaming streams: Sportsbook, Ksh4.22 billion, Casinos, Ksh2.43 billion and Lotteries, Ksh37 million, being the lowest contribution. Sportsbook and casinos combined, Ksh17.4 billion, Sportsbook and lotteries, Ksh7.9 billion, Sportsbooks, casinos and lotteries combined, Ksh2.08 billion. Other general activities, Ksh218 million.

The Aviator and Jackpot Games are part of an online casino, and tax revenue collected from them is included under casino tax, which contributed 8.28 per cent of total gross gaming revenue, amounting to approximately Ksh1.968 billion. Those games of chance are relatively new products in the market and generate substantial absolute tax revenue, in as much as the proportionate contribution is still comparatively small in relation to the more established games. With proper regulation to promote responsible gambling, their revenue contribution is likely to increase.

The Finance Act of 2023 introduced a 15 per cent excise duty on advertisements related to betting, gaming, lotteries and prize competitions appearing on television, print media, billboards, and radio stations. This came into effect on 1st July 2023. Furthermore, the Tax Laws (Amendment) Act of 2024 expanded the scope of taxed media advertisements to include internet and social media platforms. The Committee is scheduled to meet with the Betting Control and Licensing Board (BCLB) during the short recess to address remaining pertinent issues. A full report will be tabled upon the resumption from the recess. The outstanding

This is only a preliminary report. The most comprehensive feedback will come from the Betting Control and Licensing Board. However, I wish to inform the House that following the debate raised here, BCLB has banned all advertisements of those games across local stations, media, the internet and social platforms. This may be a step in the right direction to address addiction. When this issue came up, we received many views from the public not only about those games of chance, but also about the so-called prize control games, particularly on vernacular radio stations.

If you listen to those stations, whether in the morning, afternoon or evening, you will hear elderly people being encouraged to stake small amounts, Ksh100, for example, to win items such as motorcycles. It is imperative to know how much Kenyans are spending on those form of prize betting. That is one of the matters that we hope we can expand in our scope as given to us by this House. While betting is not illegal in Kenya, it is highly addictive. Therefore, it must be properly regulated to reduce incidences of suicide, domestic violence and other social ills that are associated with gambling addiction.

This Statement is not exhaustive; it is a preliminary one. The Hon. Member who raised the concern has been very patient and consistent. When the House resumes from the short recess, we shall prioritise and issue a comprehensive statement.

Thank you, Hon. Speaker.

Hon. Martha Wangari.

Thank you, Hon. Speaker. I appreciate the Chairperson. I am aware that it has been a very busy period, as you indicated last week. I have been patient regarding this statement. I appreciate the preliminary report and the fact that the Chairperson has committed to meeting BCLB. For now, as I await the comprehensive statement, I would like to add the following:

When this matter was raised on the Floor of the House, there was a noticeable reduction in gambling advertisements on radio stations following some form of directive.

My question is this: Was that action a knee-jerk reaction or based on policy? Will the advertisements return? Do we need a legal framework? These are issues the Committee may consider exploring when they meet BCLB. Casinos do not typically advertise. People know where to find them, and they will just go there. However, Aviator and similar phone-based games are heavily advertised. Parents are staking Ksh50, Ksh30; children are gambling away their school money. Families are breaking down, and we are hearing of people who are committing suicide. The problem lies in the micro and small-scale gambling, especially on radio, notably vernacular stations. I say this having followed the Kikuyu vernacular stations myself.

A song cannot play for three minutes without being interrupted by a gambling advertisement, especially the one that is promoting Aviator. I urge the Committee to investigate thoroughly and establish a legal and policy position regarding the advertising on radio, media and the internet. Let us protect our population. I look forward to the Committee providing a substantive statement upon our return.

Thank you, Hon. Speaker.

Yes, Hon. Mwalimu Omboko Milemba.

Thank you, Hon. Speaker. When Hon. Wangari raised this request for statement, I got interested in this matter. Later on, I realised that the so-called Aviator and other methodologies of gambling are all over in our houses. Aviator is very well known by both kids and mamas in the village. It is really riding high. Later on, when I recently talked to the teachers in Mombasa, they told me that even most of the

teachers are now suffering seriously because some of them end up committing suicide because of gambling. That is so especially with the aviator and other gambling methods.

Therefore, I think the Hon. Chairman, should not just concentrate on the taxes as he has done though the question has asked about the tax that they are paying. However, I think the answer to the question in relation to the taxes was supposed to bring out the benefit of this as opposed to what we are also receiving as a country. I think there is need for serious control. When the Committees sit together, they will come up with a proper statement to limit the number of times those advertisements are done and how they are done, especially in the vernacular languages which is killing the society. We lost a teacher in Nanyuki. She committed suicide because she took a loan, took it to betting and then lost all the money. She was also my official. Therefore, betting is not doing us any good.

Thank you, Hon. Speaker.

Hon. Kimani Kuria, when you bring your comprehensive statement, you can address all those issues.

Hon. Members, allow me to acknowledge Ngoto Boys High School from Makueni Constituency, Makueni County in the Public Gallery. On my behalf and that of the House, I welcome them to Parliament. Thank you.

Next Order.

On a point of order, Hon. Speaker.

Yes, Hon. Mwalimu.

I am sorry to interrupt. I had seen the Hon. Chairman of the Departmental Committee on Health in the House. Hon. Speaker, the President pronounced himself on SHA, especially on the registration of SHA in terms of if you are able to register for one month and then continuously do so until the year ends, or you must register for the whole year. In my constituency, SHA is now doing very well. I had a case where a child at Emusire High School was treated in hospital and SHA paid for us over Ksh69,000. It made me to go ahead and help in the registration of SHA by providing the data that they are required to have. However, on that pronouncement by the President – and I wish the Hon. Chairman was here - has not been effected.

When you are registering citizens into SHA, the system is not accepting one-month registration so that, after one month, they again register for another month and the other. The way we did with the National Hospital Insurance Fund (NHIF) . This would really promote registration by encouraging more people to register and also avail more people to be within the system because the local communities do not have that money - the entire money for 12 months. This is something that I thought the Hon. Chairman could, at least, work on. During this recess, he could sit down with the Cabinet Secretary and other authorities concerned in that area so that they can bring back the registration of SHA on a monthly basis. Kenyans are waiting for it. When you talk about it anywhere, they say: “We want that to come back so that we can join SHA.”

That was my point of order, Hon. Speaker. I thank you.

Yes, Hon. Kimani Kuria, Member for Molo Constituency.

Hon. Speaker, I would like to add my voice to this particular matter. SHA is a game changer in our health sector. However, it is likely to increase the gap between those people that have access to free medical care and those who do not; in what we are calling Universal Health Coverage (UHC) . Asking new entrants to pay a whole year of fees is becoming a tall order with most of the population. I really urge the Committee to have a discussion with the Ministry and tighten all the loopholes for all those people who are claiming fictitious SHA payments. If they seem to have been sealed, they can now revert back to, at least, a month of payment and have someone access medical insurance for even one

month of registration because the requirement for one year is becoming too long and a heavy burden to Kenyans. I thank you, Hon. Speaker.

Is there anybody who wants to contribute? Yes, Hon. Wangwe.

Thank you, Hon. Speaker. On this issue of SHA, there happens to be an issue of when the contributor is unwell and admitted to hospital, at what stage is he now going to pay for SHA? The future seems to be stretching such that for the Government to plan well, here comes a situation where a patient who is admitted today, comes in today and now subscribes to a whole year’s payment on the same day. What happens to the concept of planning and how the Government is going to fill the gap?

Therefore, Hon. Speaker, I feel the Committee should review and look at it wholistically and advice on how well we are going to look at the issue that payment should be somehow consistent, but not in an instant as to when you fall sick today, go for admission and pay. A case in time is a situation where we need to pay for Computed Tomography (CT) scan for example, because it is expensive, I now move in and pay the Ksh7,000 today. How about if X number of people pay that amount today? It means the drawback is going to be expensive to the Government.

I feel that we should have a substitute move, look at it holistically and plan. Actuaries should come up with a formular to help SHA plan on how to mitigate such a situation.

Thank you, Hon. Speaker.

Any Member of the Departmental Committee on Health. Yes, Hon. Odanga.

Thank you, Hon. Speaker. In the beginning, SHA had a lot of issues of registration, people accessing it and access to the health care services. However, today, when you move around the country side, you will find that many people who are members of SHA are now accessing the services more than before. We need to really strengthen this.

I agree with Hon. Omboko and Hon. Wangwe that the instant payment should be stopped so that can we pay for it monthly the way we used to do with NHIF. It will become easier and more attractive to our people.

Thank you, Hon. Speaker.

Hon. Passaris, are you a member of the Committee?

Thank you, Hon. Speaker. I want to lend my voice to the conversation that is going on about SHA. I think in the beginning, when we had NHIF, you had to have a three-month waiting period before it could be utilised. However, with SHA, we said that anybody who walks into a hospital, whether you are registered or not, will have access to UHC.

Just recently, we had to treat a street lady who was pregnant. I met her and tried to get her Identification Card (ID) so that I could register her for SHA. Unfortunately, the ID has not come out yet, she ended up having an emergency caesarean. The Hospital, Pumwani, took her through the Social Services Department, realised that she was a street girl and eventually just let her off. The fact remains that even us Parliamentarians, right now, are paying our SHA deductions every month. If the Parliament was asked today to pay one year upfront, it will be almost impossible. The fact is that we need to make sure that we market SHA to the communities. We need to make them understand that SHA will get stronger and be better and able to serve if we pay. People normally pay when they are sick or admitted. That weakens the whole structure of UHC. Even India struggles with UHC, in spite of having cheap medical services, lots of hospital facilities and a population that is huge to serve. What we need to do with SHA is a lot of marketing and recruitment. We need to make sure that people understand what it is.

To the people out there, if you can afford Ksh1,000 or you have been assessed as being able to pay Ksh1,000 or Ksh2,000 premium, you have to pay the rate that is given to you based on the assessment. If your assessment has been done wrong, go and have it queried. The fact is that if we want this country to be able to offer UHC, we need to pay the premiums. Therefore, let us not wait until we are sick. I think that message has to be taken to the communities, various health institutions as well as the grassroots because people join SHA when they are sick and get admitted. SHA will collapse if we continue that way. The idea is for us to make sure that we pay SHA for our house helps even if we know that they are not formally employed. Everybody has a moral responsibility to make sure that people who are known to them have signed up to SHA.

A friend recently told me that they have a gardener and a watchman who want to sign up for the Social Health Authority (SHA), and they wanted to know how to go about it. This indicates that the Ministry of Health is not doing enough. The easy way is to make people pay a one-year premium lumpsum, but instead of doing that, the Ministry should advertise SHA and its benefits. They should not keep telling us it is working. They should go online and ensure that everybody understands that they need to sign up and pay for SHA. Asking people to pay an annual lumpsum premium upfront because they are not marketing SHA well is wrong.

Thank you, Hon. Passaris. Is there a Member from the Departmental Committee on Health present? Hon. Rindikiri, do you also want to joyride on this?

Thank you, Hon. Speaker. From what I am gathering from the great people of Buuri, SHA is doing well. It is functioning and taking care of those seeking medical attention. The only problem is accessibility, particularly for people in the rural areas.

We are trying to conduct civic education as a community. However, Members of Parliament or members of county assembly (MCAs) cannot conduct public enlightenment entirely on their own. The Ministry of Health should first take up the responsibility and induct the local administration, the area managers, sub-chiefs, chiefs, assistant county commissioners (ACCs) and deputy county commissioners (DCCs) . Those Government agents are unable to explain the functionalities of SHA.

Some people have never heard about SHA except on social media. My constituents appreciate the good parts of SHA. However, I do not understand why SHA decided that the premium should be paid annually. Not everybody can afford to pay the annual lumpsum premium. My rural constituency experiences high and low harvest seasons. Even those who are employed cannot afford to pay. Those being admitted into SHA undergo an assessment, which classifies them into different categories to contribute either Ksh300, Ksh500 or Ksh1,000 per month. They are forced to pay an annual premium.

First and foremost, the criteria of determining the amount that needs to be paid…

That is beyond joyriding.

Hon. Speaker, I hear you. I am just expressing what is happening because I am sure many people are listening to us and this is the only place where we represent the peoples’ feelings.

Hon. Speaker, people are watching how you navigate this matter to ensure that the Universal Health Care (UHC) becomes a reality. You preside over the House that will ensure the success of SHA. I am not only joyriding, but I am also enhancing this House’s authority to support the Government to initiate the proper process of ensuring that many people join SHA.

Thank you, Hon. Speaker.

Clerk-at-the-Table, you will advise the Departmental Committee on Health to bring Hon. Milemba’s response within the first week after recess.

Next Order.

Yes.

Go ahead.

Thank you, Hon. Speaker. Hon. Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Public Investments Committee on Social Services, Administration and Agriculture on its consideration of the performance audit report by the Auditor-General on the provision of services to the persons with disabilities (PWD) by the National Council for Persons with Disabilities (NCPWD) , laid on the Table of the House on Tuesday, 30th July 2024. Allow me to begin by asking what a performance audit report is. This is a self-moved report by the Auditor-General, pursuant to Section 36 of the Public Audit Act, particularly Cap. 412B, which provides in verbatim that:

“The Auditor-General shall conduct performance audit to examine the economy, efficiency and effectiveness with which public money has been expended pursuant to Article 229 of the Constitution.”

Many of my colleagues in this House expect the Public Investments Committee

(PIC)

to present a report containing the audited figures of a particular entity so that we evaluate its efficiency, prudency and effectiveness in spending public funds. However, this is a Motion on a Report by the Auditor-General seeking to determine what is happening at the NCPWD.

The Report was tabled in July 2024. In May 2025, this House passed the Persons with Disabilities Act, which ended up correcting many of the observations that were made by the Auditor-General in this Report. The Auditor-General raised several issues indicating that the Council was not moving in the right direction or attaining the required threshold. I will enumerate various issues that form part of the concerns that struck the eye of the Auditor- General, prompting her to move in, start the audit and submit the Report to the House.

First, were delays in the registration of persons with disabilities. Persons with disabilities are subjected to various delays in registration. Only through registration can a person with disabilities be recognised. The registration process is very tedious because an individual cannot register themselves. Instead, the Director of Medical Services is the approved entity to list or enumerate persons with disabilities.

Who is the Director of Medical Services? Is he or she always available to register persons with disabilities? This results in a backlog of unsigned disability assessment forms at the county level. It is not easy. We only have about six medical officers who are eligible to enumerate persons with disabilities. What happens to the others?

Hon. Temporary Speaker, a number of counties have made disability assessment free of charge, yes, while others continue to charge between Ksh200 to Ksh1,500 for one to be registered. These are statistics for the audit that was carried out between 2013 and 2020. The Auditor-General, on her own volition, moved in to find out what happens at the National

Council for Persons with Disabilities (NCPWD). The problem is compounded where assessed persons seeking tax exemption by the Kenya Revenue Authority (KRA) travel to far away centres where KRA assessments are periodically conducted. These are issues that move a person to be registered. It is such a tedious exercise that goes on in the Council. If it is not checked, the various persons living with disabilities will not enjoy the services.

The other issue that came to the attention of the Auditor-General is the Cash Transfer Programme that has not substantially improved the livelihood of persons with disabilities. When you audit it from the social protection perspective, there is so much that is moving into that programme. From the eye of the Auditor-General, has it improved the lives of persons living with disabilities? There are quite a number of observations that came up on that question. The mode of paying has improved over time. It has moved from manual to card-based, and then to current electronic platform which is individual and account-based which addresses challenges previously experienced by the beneficiaries. It has enabled access to those who are registered. How about those who are not registered? That is the challenge that comes about with that Cash Transfer Programme. This means it is sectarian. A few get it, but the majority do not get it because they are not registered.

The Cash Transfer Programme has also experienced delays in disbursement of funds due to delay in the release of exchequer from the National Treasury. Persons living with disabilities depend entirely on the Cash Transfer Programme. So, the moment the exchequer is delayed, they are also stuck in their daily activities and are unable to move because that is the only income that they have. The Social Assistance Unit, over time, has not reviewed the amount of cash transfer periodically, as documented in the Concentrated Cash Transfer Programme Manual. You and I always know that the Cash Transfer Programme gives Ksh2,000 to a person. It has never been improved or increased. However, life, cost of living and inflation have changed. Inasmuch as inflation has come down today, it has been fluctuating over time.

The other issue that caught the eye of the Auditor-General is the Economic Empowerment Programme which has not improved the economic status of persons with disabilities. What is the Economic Empowerment Programme? Various groups of persons with disabilities are put together to submit their proposals and then they get empowerment programmes. The amount granted to each of the groups is not adequate to start viable projects. Marketing is a challenge. The group disintegrate due to disagreement among the members. Whereas the Government tries to consolidate these persons with disabilities together by empowering the various groups, is the money they get good enough to enable them to start businesses? The allocations to these groups are so small or minimal that they create disagreement when the members of that group get together, and instead they go separate ways. They are unable to move and make any impact or meaningful progress out of that grant from the Government.

Every spade is not a spade. It becomes a big spoon at times. Everybody who is disabled is not an albino. We have different categories of disability. I want to address a challenge that also caught the eye of the Auditor-General - the Albinism Support Programme. It has not adequately addressed skincare requirements of persons with albinism. The key issue affecting persons with albinism is skincare. Their skin is susceptible to infections. So, the moment you support their skin protective issues, you address them. How I wish my good friend, the investor, was around! He would have supported this idea or suggestion by the Auditor-General. What was the observation that caught the Auditor-General's eye? Screening for skin cancer for persons with albinism has not been done as expected. Her finding goes on to say that this is attributed to non-functional sclerotherapy machines in some instances, lack of necessary training on the use of machines and lack of awareness on the need for skin cancer screening by persons with albinism. This is a very critical issue that caught the Auditor'-General’s eye for her to sum up and give it to us.

What did she also observe? She observed that persons with albinism are unable to collect their skincare items due to the challenge of proximity to the collection centres. This is a specialised kind of service which is not in Navakholo Constituency. My person from Navakholo has to travel to Kakamega or even to Nairobi to access this kind of skincare facility. The Auditor-General also feels that the Council has not enlightened the persons with albinism on the provision of the skincare items. Some of our patients or persons living with albinism do not know that these items are provided for by the Government. The Auditor-General has brought it to our attention that it is important the National Council of Persons with Disabilities get to the lowest person to make them know the Government can provide these items.

Finally, the Auditor-General talks of skincare items that expire in hospitals due to non- collection. Examples are lotions of persons with albinism. Some areas like those within proximity to Nairobi have advantage. They access medicine faster. How about anybody with albinism from Wajir, Mandera, Turkana, from Navakholo? How will such persons come to Nairobi for lotions to protect his or her skin? It is a challenge.

In addition, infrastructure and equipment support programmes got the eye of the Auditor-General. It has not adequately improved the status of institutions supporting learners with disabilities. The Government is putting into institutions and our special schools equipment to support programmes for learners with a kind of albinism.

What happens to this? The Auditor-General has seen three issues that happen. She says that the National Council for Persons with Disabilities infrastructural grants of Ksh2 million per institution has only benefited a small proportion of institutions out of the many deserving cases. We are only talking of Ksh2 million per year, could be for many institutions.

We pass the budget here and such institutions are overwhelming. It is a whole ocean in the country. Maybe we get funds for 10 institutions in a year. Hon. Temporary Speaker, yourself being a teacher, you know how many schools there are in the whole country and the pace they are dispersing the Ksh2 million. It will be insufficient by the time we reach each corner of the country and the many institutions we have. Is this amount sufficient?

The Auditor-General is observing a second issue. Despite having budgetary ceiling to only approve projects whose budget does not exceed Ksh2 million, the National Council for Persons with Disabilities went ahead and approved projects whose bill of quantity exceeded this amount. Disobedience. The accounting officer decided to ignore the capping. Maybe with other conditions in mind, such as the project being proximal to Nairobi or to whatever area, he goes ahead to approve more than the ceiling.

The final issue the Auditor-General observes under infrastructure is that the Council has experienced shortage of funds due to reductions in the budget. That has greatly affected infrastructure development support for institutions. This Fund is one of the easiest places the Minister for Finance or the Cabinet Secretary for the National Treasury and Economic Planning runs to cut the budget when overwhelmed. That is without observing that persons with disability are greatly disadvantaged and they need support. He goes ahead and chops off a huge sum of funds that belong to the National Council for Persons with Disabilities. Hence, disadvantaging any new institution that would benefit from the infrastructure fund of this organisation.

The second last issue that the Auditor-General felt is important for the House to be seized of is the assistance devices’ programme that has not adequately addressed the needs of persons with disabilities. This is a bit of technical language. When you put it in plain English, items like crutches, wheelchairs and others that help our brothers and sisters who are disadvantaged to move from point A to B are assistive devices.

Hon. Temporary Speaker, the Auditor-General also made three observations under that programme. She said that the National Council for Persons with Disabilities (NCPWD) is implementing the Buy Kenya, Build Kenya Initiative by procuring and issuing locally

calibrated assistive devices that ensure better suitability and longevity, as well as appropriateness to the local terrains, as opposed to the imported devices which may not work for some disability cases which require specialised equipment that are manufactured locally. When Buy Kenya, Build Kenya Initiative was enforced, it also applied to assistive devices. You could only get the items that were being made by our brothers from Gikomba and industrial areas in Kenya. How about those who have spine conditions whose wheeling require some kind of technically assembled equipment? That part disadvantaged the programme.

The second issue that the Auditor-General observed was that the Council did not issue most of the persons with disabilities with the devices during the period they had applied for. When you go to Westlands, at the headquarters of the Council, you will get a list of those who have queued to get these devices which are not available. They are not enough to fill the population that is living with disabilities.

The third issue that the Auditor-General observed is that the Council did not collaborate with the professional medical assessment reports before issuing the assistive devices to the beneficiaries. A person does not wake up and gets assistive devices. They are like lenses. You must get a doctor's prescription for what your eyes require, and then you go to the shop and procure the lenses depending on how you have been assessed. There was no collaboration. According to the Auditor-General, the Council wakes up today and feels they need to procure enough wheelchairs. Since they have enough people to use them, they buy them. Not all persons living with disabilities, who require wheelchairs, have similar conditions. There are medical challenges. A medical doctor needs to examine and advise the Council on what is required to be used.

Finally, the last observation that the Auditor-General made was that the Education Assistance Programme did not enhance the retention and continuity of education for persons with disabilities. Did the programme retain enough persons with disabilities in school? It did not. Did it support the improvement of persons with disabilities? We need to do more. More needs to be done so that we retain these people in school, enhance and move forward, so that persons with disabilities also get the right education.

I will state a case, in time, in my constituency. I had a sponsor who gave me enough wheelchairs for persons with disabilities. Some of them leave them at home. They want to strain as they walk to the market. Why do they do that? You cannot understand. A young person whom you have given a wheelchair to use feels better not to use it when he is coming to see you, so that you sympathise and support them with instant little amount of money.

I feel that the education programme also faces the same challenge. These persons do not seem to see that they need to be enlightened and educated. Instead, they go to schools and drop out on their own volition. It has not achieved that much. That situation makes the Auditor- General call on all of us to support the Council so that public funds support all the institutions to run their reason.

Why did the Auditor-General take trouble to ensure she comes up with this Report? Somehow, it looks obvious yet it is not obvious. It is detailing what is happening in this institution, why we should all as a House support this institution, and raise it to another level. It has the monetary and evaluation position. It has the financial trajectory that we should look at. It has a governance aspect that we should look at as a House when we move and approve this Report.

In advance and according to my opening remarks, the Ministry has already moved the Persons with Disability Bill that we passed in this House in May. Most recommendations in the Bill align with this audit. We tabled its Report in July 2024. That means that this House is the saviour in the challenges the Auditor-General has moved on her own motion. I seek that we approve this Report.

We should ensure that regulations and anything that is pending, particularly in the Bill we passed, comes to this House. I invite my colleague in charge of the Committee on Delegated Legislation to move fast and put regulations in place to implement the Act the 13th Parliament passed in May. That is for the implementation of the Act in conjunction with the Report the Auditor-General has given to us detailing what is happening, where we need to cure, and what we need to do.

I have presented just the summary. Once adopted, the entire Report and the Auditor- General’s audited Report detail what the Council needs to do and by when to implement the Act, so that the Council moves forward and effectively uses public resources in an efficient way.

Thank you. I beg to move and ask my colleague, the great lady from Busia, who is also called Mama Kipepeo in another language, to second.

Now, who is Mama Kipepeo? Yes, Hon. Omanyo. Proceed.

Thank you, Hon. Temporary Speaker.

Wow. I think I am a little bit emotional. People living with disabilities and their caregivers should not be waiting for us to think about them. We should be upfront in supporting them and thinking for them. They are already socially isolated and marooned in their own way and world. We did not think ahead in the many things we have put across in our nation.

I had a countywide registration of people living with disabilities recently and some students were part of it. They do not even have a locker to encourage them to sit comfortably and write just like any other child without challenges. Some classes were built a long time ago. Due to poverty, they have not improved certain areas or ramps to help these children and any other person with mobility challenges.

We must pull out all stops as a nation. They are already disadvantaged. Giving a person living with a disability Ksh2,000 a month is not enough. We have others with albinism who need sunscreens. A good sunscreen costs over Ksh1,000. What else will they do with the little money remaining if they wait for Ksh2,000 for a month? Again, they have to add good moisturisers. Not the cheap ones that make them burn, and look dark red. A good moisturiser with Sun Protection Factor (SPF) is needed. One that can help prevent cracking and keep houseflies away. I will be so stoked if people living with disabilities and their caregivers are paid some reasonable money. The cash transfer of Ksh2,000, even if we increased it to match the minimum wage, perhaps to Ksh16,000 or Ksh25,000, would help curb a lot of wastage of funds. It would curb corruption as well, because most of that money would go to the right people; the needy people, our people, our families, and our friends.

I did a countywide registration, and I hired buses, matatus, and pickups to bring people to a designated place in the county. Shockingly, some of them could not be transported in matatus or buses. Even when they were squeezed in, those vehicles lacked designated areas for persons with disabilities. One can only imagine that despite all our knowledge, we are still ignorant when it comes to acquiring some of this equipment. People living with disabilities need professional counsellors. Counsellors who can genuinely help them. When we sat there the whole day, most of them did not even look happy. They looked stressed, and they had so much to share with us. But I am not a professional, so I did not know what else to do other than assist with registration. Many of them have been ignored. Resources meant for such individuals often go to those who can run left, right, and centre to claim them, while those truly in need remain without a share of the national cake. That is why registration is paramount. We have to go door to door. Our village elders know where each person living with a disability lives. Some children living with disabilities are hidden from society. They are hidden because we are still not civilised enough. We have not gone to school properly. We are trapped in outdated beliefs

that a person living with a disability is a sign of a curse in the family. As a result, these families hide their children. They do not take them to school. That is why we must carry out door-to- door registration to identify them from birth - hata kama amezaliwa leo.

From there, caregivers must also be provided with proper equipment. Some caregivers know what to do, but they lack equipment. Others may not know, but they have the heart to help. With the right motivation, they would do much better. Our health sector must allocate more resources to this effort, and even village dispensaries should have a dedicated wing for persons living with disabilities, staffed with qualified personnel.

Caregivers, too, face physical exhaustion. They hardly sleep. They are deprived. If they are already facing such challenges, yet their motivation is zero, we are failing them. Some of them do not even receive the little money allocated to them. If you ask around, some caregivers receive the funds, but many do not. Even when they do, there are delays. If one receives Ksh2,000 a month, but it is delayed by two months, that only worsens an already difficult situation. You are making it worse.

I thank my senior brother, Hon. Wangwe, for this intensive and well-done job. I second, Hon. Temporary Speaker.

Very well. I did not hear you speak about the issue of double registration that has happened repeatedly over the years. They keep registering the same people, changing the card this year, another card next year, and another the year after that.

Hon. Odanga, you may proceed.

Thank you, Hon. Temporary Speaker. I stand to support the Motion and thank Hon. Wangwe for moving it. It is true that PWDs in this country live under very difficult conditions. In the last Parliament, I asked the Cabinet Secretary a Question regarding registration of PWDs. The Question was placed before the Committee, under the chairmanship of Hon. Wanga, who was then a Member of this House. Nelson Marwa came to respond to the same. Little has been done. For a person to be registered by the Council as a PWD, they have to be approved by a doctor, who are very few. It is very harrowing to be registered. The registration is not done once. I thought after a person is assessed and approved as a PWD, the disability is permanent. I do not think the disability disappears at any one point. For instance, a PWD from Matayos or Navakholo has to come to Nairobi, and you can imagine the pressure they face on the Nairobi roads and from its residents. Sometimes the person goes back without being registered. The solution would be to devolve the services to counties or sub-counties for ease of registration.

Walking around Nairobi streets, you see a lot of PWDs begging. It is said that some of them are being abused and misused by other people who make business out of the few coins that PWDs make. This is something that we need to rid our country of. We should give PWDs assistive devices and ensure cash transfers reach all of them. In the past, cash assistance was disbursed in social halls and people around the PWDs would con them of the money. Many a times, they would not get home with the money. We really need to work on this. Special schools should be given the priority they deserve. The teacher to pupil ratio is very low. When constructing buildings, we need to include facilities like ramps to assist PWDs.

I once went to Brussels and I have never seen a shorter man like the one I saw. He works at the European Union Parliament and is given facilities he needs such as tables and chairs to enable him to do his work. We need to consider doing so in our country. I thank Hon. Wangwe for moving this. I support, Hon. Temporary Speaker.

Nashukuru sana, Mhe. Spika wa Muda kwa kunipa fursa hii ya kuchangia Ripoti hii iliyoshughulikiwa na Kamati ya Uwekezaji wa Umma kuhusu Huduma kwa Jamii, Usimamizi na Kilimo kuhusu Ripoti ya Ukaguzi wa utendaji ya Mkaguzi Mkuu wa Hesabu za Serikali inayohusu utoaji wa huduma kwa watu wanaoishi na ulemavu na Baraza la Taifa la Watu walio na Ulemavu. Hii Ripoti inaangazia hesabu za Mwaka wa Fedha wa 2013/2024 – Mwaka wa Fedha wa 2019/2020. Ingawa Kamati hii imefanya juhudi kubwa ya kuhakikisha kuwa imeangazia ripoti zilizowasilishwa kwake na Mkaguzi Mkuu wa Hesabu za Serikali, bado kuna kipindi kirefu ambacho hesabu za Baraza hili hazijakaguliwa na Kamati. Ripoti hii inakomea Mwaka wa Fedha wa 2019/2020. Kwa hivyo, kuna miaka mitano ya fedha ambayo haijaangaziwa. Sheria ya Tax Procedures Act inasema kuwa rekodi ambazo Mamlaka ya Ushuru ya Kenya (KRA) inaweza kuja kuangalia katika bishara yako ni ya miaka mitano. Kwa hivyo, hili linakiuka sheria zingine ambazo zilipitishwa na Bunge hili.

Tunafaa kuipa Baraza la Taifa la Watu walio na Ulemavu kongole kwa kuwa angalau masuala ya walemavu yameanza kuzingatiwa. Kuna walemavu ambao wamesajiliwa na kuna wale ambao wanapokea shilingi elfu mbili kila mwezi. Haya ni mambo ambayo yanafanyika vizuri na tunawapa hongera. Hata hivyo, ukiangalia, kwa mfano, hii leo tunapojadili masuala ya walemavu, tunafanya hivyo bila ya huduma za mkalimani wa lugha ishara ili ujumbe uweze kuwafikia walemavu wasioweza kusikia. Hili linamaanisha kuwa tunazungumza kuhusu masuala ya walemavu ingawa wasio na uwezo wa kusikia hawatajua kuwa tunayazungumza. Lugha tunayotumia kuwasiliana hawataifahamu kwa sababu katika kikao muhimu kama hichi, hatuna mkalimani wa lugha ishara.

Mchakato wa kusajili walemavu umezungumziwa vyema na Mhe. Mama Kipepeo. Alizua mambo ya kusisimua kwa sababu Baraza halizingatii mambo yote ya wale watu wanaoishi na ulemavu. Kuna familia nyingi ambazo zinaathirika kutokana na changamoto za walemavu ambao hawajasajiliwa. Kuongeza chumvi kwa kidonda, kuna walemavu ambao wamesajiliwa maradufu. Kwa hivyo, kuna walemavu ambao hawajasajiliwa na kuna wale ambao wamesajiliwa maradufu. Hii sio haki kwa walemavu.

Kiwango cha fedha cha alfu mbili ambacho tunawapa walemavu hakiambatani na hali ya sasa ya kiuchumi. Natumai kuwa Kamati ya Bajeti na Uidhinishaji wa Matumizi ya Bunge la Taifa katika bajeti ijayo, litaangazia suala hili na kuhakikisha kuwa limeongeza hela wanazo pewa walemavu ili iwe zaidi ya elfu mbili ili iambatane na hali ya uchumi ilivyo nchini Kenya.

Mambo ya ajira na uwakilishaji wa watu wanaoishi na ulemavu bado ipo chini sana Serikalini na katika sekta binafsi. Kwa mfano, hapa Bungeni, wale ambao walichaguliwa kama Wabunge ni wachache sana tofauti na wengine waliochaguliwa kama Wabunge hapa mbeleni. Kwa kuwa Bunge ni sura ya taifa letu la Kenya, idadi ya walemavu Bungeni innaonyesha kuwa walemavu si wengi katika mashirika ya Serikali na katika sekta binafsi.

Msaada wa vifaa ambavyo hutolewa haufuati tathmini sahihi za kitalaam. Hii ndio sababu Mwenye Kiti alisema vifaa vingine ambavyo walemavu hupewa vimepitwa na wakati. Vingine ambavyo vinahitaji batteries, unapata wanapewa bila ama zinakuwa hazifikishi mwaka moja kama inavyo stahili. Haya ni mambo ambayo kabisa lazima tuyaangazie kana Bunge ikiwa kabisa tunataka kuwasaidia wale ambao wako na ulemavu. Tungependa Serikali ifanye tathmini mpya ya kiwango cha marupurupu ambacho kinalingana na ugumu wa ulemavu , hali ya uchumi na lengo kuu. Sasa hivi, walemavu wanapata kiasi sawa, ambayo ni Ksh2000. Hili ni jambo ambalo linafaa kuzingatiwa zaidi. Ulemavu huwa tofauti. Mahitaji ambayo yanahitajika na walemavu yanatofautiana kulingana na aina ya ulemavu ilhali wote wanapewa Ksh2000. Wengine ni walemavu kiasi kwamba hawawezi kutembea, wanahitaji pampers na maneno mengine. Tuweze kutumia teknolojia kuweka kiwango cha marupurupu ya walemavu kulingana na kiwango cha ulemavu .

Pia tuhakikishi usajili unafanywa kwa njia ya haki. Wasajiliwe na wabadilishiwe vifaa vyao viwe vyo uendelevu, usawa na athari za wanaolengwa. Waswahili walisema “mtu ni utu,

si maumbile”. Hii inatufundisha kuwa thamani ya mtu haipimwi kwa uwezo wa mwili bali ni kwa utu wake, heshima na mchango wake katika jamii.

Tunakubushwa kwamba, ulemavu sio udhaifu bali ni kuwa tofaouti tu. Tofauti ya mtu mlemavu ni kuwa mahala anapoishi, hayaafikiani na maumbile yake. Ni jukumu letu kama taifa kuhakikisha kwamba environment yake inaambatana na mahitaji yake na kumsaidia kujikimu maishani.

Ya mwisho, tukumbuke ya kwamba Katiba yetu, Ibara ya 54, inatukumbusha haki za watu ambao wana ulemavu na ni jukumu letu kuhakikisha kuwa haki zao hazibaki tu kwenye mandishi bali zinaonyweshwa katika maisha halisi.

Nikimalizia, nawapa kongole Bwa. Mwenyekiti, Mhe. Wangwe kwa kulete Ripoti hii. Ningeiuliza Kamati hiyo iweze kufanya bidii zaidi kuhakikisha kuwa ripoti ambazo zinafika Bungeni ni za hivi karibuni; zisiwe zimepita miaka mitano na kuendelea. Pia waangazie hilo swala la Kshs2,000, ni chache sana ukilinganisha na hali ya uchumi ilivyo. Pia, tutafute jinsi ya kutumia teknolojia kuwapa walemavu usaidizi kulingana na kiwango cha ulemavu, ili wale ambao wanahitaji hela zaidi waweze kupata.

Pia niwakumbushe wote ambao tunasema hatuna ulemavu, tuko sekunde moja tu kujipata na ulemavu, aidha kupitia kwa ajali ya barabara ambayo kila siku tunatumia,, kuanguka kwa bafu, ugonjwa au pia Mungu akikujalia miaka mingi ulimwenguni ufikishe miaka 100, huenda hautakuwa na uwezo wa kutembea, utahitaji wengine kuja kukuangalia. Tukubaliane kama Bunge kujali maslahi ya walio na ulemavu.

Asante, Mhe. Spika wa Muda.

Asante sana, Mhe. Kuria Kiani kwa kutumia Kiswahili sanifu. Let us hear from Hon. Ann.

Thank you, Hon. Temporary Speaker. I rise to support the Motion on the provision of services for people living with disabilities, which has been tabled by Hon. Wangwe. I just wish to echo what every other speaker has said - that when you examine the efforts of the National Council of Persons with Disabilities (NCPWD) , it has not done enough for these people, particularly in passing information to others to come on board and understand how to treat these special people living among us.

For example, a small percentage of the National Government Affirmative Action Fund (NGAAF) is allocated for people with disabilities (PWDs) . Even when I was elected, gathering statistics on the number of disabled individuals living within Kiambu County proved to be a significant challenge. At one point, I had to visit the National Council for Persons with Disabilities (NCPWD) to seek the information, as it was difficult to get the necessary information. When I spoke with some of the people living with disabilities, they shared their struggles in obtaining the necessary identification cards. We are advocating for the issuance of these cards to be devolved, similar to the Huduma Number initiative. We can even incorporate this into Huduma Number services, allowing individuals to know where they can obtain their cards. This will ease their access to services.

Furthermore, it is essential to involve persons with disabilities in employment. I have personally included a disabled individual on my board to ensure that their needs are addressed. At times, it is easy for others to unintentionally overlook these individuals simply because there may not be many around them. By having such individuals on various boards, their issues can be better represented and advocated for.

Additionally, the stipend needs to be increased from Ksh2,000. This Ksh2,000 is given to a person with a disability. We must consider that caregivers of persons with disabilities are unable to perform their duties or work because they need to care for the disabled persons. Thus, when we assess these situations, we find that we have at least three people already significantly incapacitated, with two responsible for caring for one. Therefore, we should consider these

issues holistically. I appreciate Hon. Wangwe for addressing this with such passion. As a House, we must recognise the challenges these individuals face daily and commit to including them and understanding their needs.

Finally, Hon. Temporary Speaker, I once attempted to engage the individuals living

with albinism in Kiambu County, and I discovered that their numbers exceeded what I could support within the NGAAF. Even as we address this, we should consider the woman representatives who are mothers and are dedicated to serving these individuals. I believe that we must also involve community health volunteers (CHVs) who are already working within communities. They could assist us in reaching these individuals, thereby easing the burdens they endure daily.

Thank you, Hon. Temporary Speaker, for the opportunity. I submit.

Great. There being no further interest in this particular matter, I ask the Mover to reply.

Thank you very much, Hon. Temporary Speaker. First and foremost, I would like to express my appreciation to my colleagues for their contributions, offering suggestions, and enriching the Report. This will ensure that anyone who reads the Hansard alongside the Report will understand what is necessary and what the NCPWD can do. I am also happy for the presentation made by Hon. Kuria Kimani, particularly in Kiswahili. It is very tricky to get a man of numbers, expressing the numbers in Kiswahili. It is a good indication that some of us are bilingual and multilingual.

I commend the Eoman Representative for Kiambu for her contributions, especially regarding the devolution of the Council’s activities. The Council should not just assume that Nairobi is the base; they should think of devolving their services. Additionally, I thank the County Woman Representative for Busia for seconding this Motion. Her contributions are commendable and enrich our discussion alongside those from the Member for Matayos. The Auditor-General is not the only one who has recognised the challenges faced by individuals with disabilities; even the Member for Matayos has acknowledged these issues. The question is: What can we do as a House? Now that we have the Report, I hope the Committee on Implementation will take it up resolutely and manage its progress so that within 60 days, they ensure that implementation takes place.

Budget cycles should be checked to ensure that when the budget is brought to this House, there is something positive towards the Council so that we move together as one. Hon. Temporary Speaker, let us remember that when we say we are giving stipends and we rationalise it at Ksh2,000, this is only for the elderly. A mother, for example, has other people depending on her. But a person with disability is the principal and is the person we are supporting who has no one else to himself or herself. Therefore, that difference has not been made.

I want to thank my colleagues for supporting my Report. I beg to reply.

You should have also thanked me for reminding you that the registration is done every year. They have to pay money to change the card. A card cannot work in following years. It has to be renewed. When you retire back to your table and you meet with the Auditor and other authorities, please, check on that.

Hon. Members, we shall defer putting of the Question to this particular one until the next Sitting.

Next Order.

(Motion deferred)

Hon. Members, the Mover to this Motion had actually asked for permission because he is engaged elsewhere. Therefore, we shall also defer this particular Motion to the next Sitting. Hon. Members let us be up-standing.

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