Tuesday, 22nd February 2022

Hon. Members, I have learnt with profound shock about the passing on of a former colleague and Member for Kuria Constituency, the late Hon. (Ambassador) (Dr.) Wilfred Machage. He was a Member of Parliament for Kuria Constituency during the 9th and 10th Parliaments. He also served in several Government ministries. He further served as a Senator in the 11th Parliament. He was at one time appointed as Cabinet Minister for East African Community Affairs. He was a businessman with interest in different sectors globally. He was appointed as an ambassador on 27th January 2018. He served as the Kenyan High Commissioner to Nigeria where he was also accredited to 12 other countries in Central and West Africa. He died in Abuja on 19th February after a short illness.

On behalf of all Members, staff of the National Assembly and indeed on my behalf, I convey heartfelt condolences to the family of the late Hon. (Ambassador) (Dr.) Wilfred Machage, all his relatives, friends, the Kuria community and Migori County at this difficult time of grief.

Hon. Members, I have been informed that earlier in the week, we also lost a former colleague who served with us in the National Assembly in the 9th Parliament, the late Hon. John Bomet Serut, former Member of Mt. Elgon Constituency. In honour of our departed former colleagues— the late Hon.

(Ambassador)

(Dr.)

Wilfred Machage and the late Hon. John Serut— I request that we all stand to observe a moment of silence.

May their souls rest in eternal peace. I will allow a few comments and messages of condolences. I will go by the intervention button. Hon. Dennitah Ghati.

Thank you very much, Hon. Speaker for giving me an opportunity to mourn my former Senator in Migori County and Member of

Parliament in Kuria Constituency, Hon. (Dr.) Wilfred Machage. I come from the Kuria Community in Migori County.

Senator Machage was my Member of Parliament before Kuria Constituency became Kuria East and Kuria West Constituencies. He comes from the Kuria West region. I remember when we got into elective politics of Migori County, he became the first Senator of Migori County. I became the first woman representative. That is how we planned for the county for purposes of inclusivity. He sat in this House. I was not here at that time. He talked about the Kuria Community which has been marginalised for a long time in the entire Migori County and Nyanza region. He stood in this House and even in the Senate to talk about the welfare of the Kuria Community where I come from. That is what I still do in this House.

I remember the last time I met Senator Machage. I was with you in Abuja, Nigeria. He ably hosted us, the delegation of the Commonwealth Parliamentary Association (CPA), in Abuja. I did not know that it was the last time I would see him before he left this world. On my behalf and the Kuria Community…

Member for Kamukunji.

Thank you, Hon. Speaker. I join others in condoling the family of our late brother and Senator, Dr. Wilfred Machage. We go a long way as friends. I was his schoolmate in Tarang’anye Secondary School. I also grew up in Kuria and I am considered one of the honorary sons of Kuria. Therefore, we have lost a great man and leader. I also had the privilege and honour of serving with him in the 10th Parliament and also constantly interacted with him when he came back as the Senator for Migori.

I would say that he was a very wonderful person and a great diplomat. He was also the first Kuria to be appointed to the Cabinet which was a great pride for the community. He served them with dedication and energy. He was also a very fearless political figure who spoke his mind and he never got tired of speaking for the people of Kuria. I send my condolences to the family, his friends as well as the larger Kuria Community. May his soul rest in peace. I thank you, Hon. Speaker.

Member for Endebess.

Hon. Speaker, allow me to send my message of condolence on behalf of my family and the people of Endebess Constituency to the family of the late Hon. Wilfred Machage and also the late Hon. John Serut. Allow me to also add that this morning, in Trans Nzoia, we lost one of our great sons, Dr. Nathaniel Tum, who was the Managing Director of Kenya Seed Company for a long time. The family is also mourning.

I served in Parliament with Hon. John Serut, Member for Mount Elgon. He was a great guy. He had very firm beliefs and he served his people of Mount Elgon with diligence and commitment. The people of Mount Elgon have lost a great son. I was in the Departmental Committee on Health in the National Assembly while Hon. Machage was the chairman of the health committee in the Senate. We managed to interact on several occasions especially when it came to the mediation of the Health Bill. We sat together as members from the National Assembly and him being the leader of the team from the Senate. He was a great doctor and somebody who was willing to give ground to reason. Having been appointed as our ambassador to Nigeria, this country has lost a very great person. May their souls rest in eternal peace. Thank you.

Member for Tongaren.

Thank you, Hon. Speaker. I also wish to add my voice on behalf of the people of Tongaren to pass my condolences to the family of the late Dr. Wilfred Machage who was not just a professional colleague but an astute politician. I happen

to have interacted with him in the 10th Parliament where his great sense of humour actually came through very well. He was a wonderful person and represented his people fearlessly. He did not fear to say the truth when it was necessary. In fact at one point he had been made a minister and then when the grand coalition came, he had to take a lower post of assistant minister but he accepted it graciously and continued to serve. That was such a man as Wilfred Machage. I would like to pass my message of condolences to his twin brother who is surviving him. They were actually identical twins.

I wish to also pass my condolences to the people of Mount Elgon and the family of Hon. John Serut who was with us in the last Parliament. He did not fear even to turn combative on behalf of his people of Mount Elgon. He was a good politician and he knew what he wanted and went for it. I wish to pass my condolences and wish them well. Thank you, Hon. Speaker.

Member for Tharaka.

Thank you, Hon. Speaker. Allow me to also pass my deepest sympathies and condolences to the people of Kuria and Mount Elgon on my own behalf and on behalf of the people of Tharaka. I may not have been in this House with the three Members of Parliament who have just departed but I am quite aware of exactly who these gentlemen were especially Dr. Wilfred Machage. When I got registered into the Democratic Party, he was actually present and he gave me some induction on party politics and especially that of his party. Interestingly, I also knew his twin brother who looked exactly like him and you would not have differentiated who the two were. He rendered exemplary service to the people of Kuria and this is a big loss not just to that constituency and to the county of Migori but also to the entire country.

Hon. John Serut was a very brave man. I used to read this in the newspapers especially when the interests of his people were at stake; possibly being attacked by others. He would become combative so that he would defend them whichever way he felt it was necessary to defend his people. Nathaniel Tum of the Kenya Seed Company was also known to me in various quarters. I met him in different sectors. Again he served the country so well when he was in the board and also when he was a Member of Parliament. To all the citizens of those constituencies and the country, we say pole to them.

Member for Kiminini.

Thank you, Hon. Speaker. On behalf of the great people of Kiminini and Trans Nzoia County at large, I send a message of condolences to the family of the departed colleague, Hon. Wilfred Machage. We served together in the last Parliament when he was the Senator of Migori. He was in the Senate and I was in the National Assembly. I also send condolences to the family of Hon. John Serut who was a Member of Parliament for Mount Elgon which neighbours my constituency and also Dr. Nathaniel Tum, the former MD of Kenya Seed Company, who passed on. The three departed souls had so much in common. They were very humble and diplomatic in whatever they did. It is my prayer to the Almighty God to give the family strength and comfort at this particular time.

Lastly, I would like to also send a message of condolence to the family of Dr. Robert Simiyu who was an aspiring Member of Parliament for Endebess. He also passed on. He was a member of FORD-Kenya. I pray for the family that the Almighty God gives them strength and comfort at this difficult time. May their soul rest in peace. I thank you.

Hon. Sankok.

Thank you very much, Hon. Speaker. This is a sad week for us Members of Parliament having lost our two former colleagues. On my own behalf, on behalf of my family and the 6.5 million Kenyans with disability who I represent in this House,

may I send my sincere condolences to the families of Dr. Wilfred Gisuka Machage and John Serut and also the people of Mt. Elgon and Migori. I interacted with Hon. John Serut when he was a Member of the Departmental Committee on Labour and Social Welfare of this House and I was the chairman of the National Council for Persons with Disability. We interacted closely with him.

As people from the minority side, we have lost two soldiers because Hon. Wilfred Gisuka Machage comes from the Kuria, which is a minority tribe. Hon. John Serut also comes Mt. Elgon. He comes from the well-known Mt. Elgon Maasai, the Sabaot. So we have lost those who were fighting for us, who are also from the minority tribes, to get space. May their souls rest in eternal peace.

Member for Emuhaya.

Thank you, Hon. Speaker, for this opportunity. On behalf of the people of Emuhaya and own my own behalf, I send condolences to the two families, more so of Sen. Machage, the MP for Kuria. The two were synonymous with their communities. When you mention Hon. Serut you would think of Mt. Elgon and when you mention Dr. Machage, you would think of Kuria. Both of them stood out to highlight the rights, freedoms and possibly a place for their communities within the public, public service and Government in general. Indeed, each time you saw Sen. Machage, you saw Kuria and he made the whole country know who the Kuria were. He fought for his people. He was a great guy.

At the same time, when you mentioned Hon. Serut, you would see Mt. Elgon and you would be talking about the plight of the people of Mt. Elgon and the rights that they otherwise needed to be given. These were two great heroes and on behalf of myself and the people of Emuhaya, I send my condolences.

Thank you, Hon. Speaker.

Deputy Speaker.

Hon. Speaker, on behalf my own constituency, the Constituency of Kuresoi North, and my family, I take this opportunity to pen my words of condolences to these two great gentlemen, whom I consider my political age mates. These are two Members we came to Parliament with in 2002. We served together. Hon. Machage remained when some of us lost in 2007. I lost in those elections with Hon. Serut. We then made a comeback. When I came back, Hon. Machage had won a seat to become the Senator for Migori. These are people I consider my personal friends.

Hon. Speaker, you would remember, Hon. Serut is one of the very few people who share an abbreviation of names with you. We used to refer, Hon. John Serut as JB. You have the franchise of that title. These are two colleagues who worked very hard for their communities. They were very good politicians. Hon. John Serut went and came back to this Parliament as an independent Member. Hon. Machage lasted for a while, three terms, two as the Member of the National Assembly and once as a Senator. These are politicians who grew up in politics. Hon. Serut came through the opposition, at one point he became an Assistant Minister. These are people who have served both in Government and in the opposition. They served in the Government side and in backbench. They were very experienced politicians.

Lastly, we need to start thinking of how Members of Parliament can be well taken care of after retirement particularly on the issue of insurance and those kind of things. Sometimes they get into very serious trouble with health when they are out of this House. Some of them do not have very good insurance covers. These are things we should consider because these are people who have contributed immensely to this Republic. I sincerely pass my condolences to their families and their communities.

Thank you, Hon. Speaker.

Yes, indeed it is an issue that the commission is addressing. We are just about to conclude something which will address that area of former Members. The Leader of the Majority Party.

Hon. Amos Kimunya (Kipipiri, JP) : Thank you, Hon. Speaker. On behalf of my family, the people of Kipipiri and indeed all the other colleagues that we served together with these two great people, I would like to send my sincere condolences to the late Balozi Machage and the late Hon. John Serut with whom I had the honour of joining this Parliament with, in 2003. I served with Hon. Machage for the two terms and with the late Hon. Serut for one term. I ended up serving with them in Government, when the two of them were Assistant Ministers and for a limited period when Dr. Machage was a Minister.

You will recall even a couple of months ago when we went for the CPA meeting in Abuja, the late Hon. Machage hosted us. First of all, hosting us in the wider meeting and then hosting us in his house. It was a great evening that we spent. He was an excellent friend and a great host. He talked of what he had been achieving in terms of bilateral relations between Kenya and Nigeria, where he moved and the great plans he had even moving from Abuja to Lagos. You could see a great Statesman, a patriot who loved his country. He had said that he does not want to get into politics, he was now happier serving the country in that capacity. So, it was really saddening to see the news flash that he had passed on after the recent memories of that great evening we had together.

The great Serut is also somebody I knew very well. We served together when he was in the Ministry of Lands and I was in Cabinet. We can only wish that the Lord rests their souls in Eternal Peace and their people both at the constituency level as well as their families find peace to overcome these difficult times. I do hope, as you did mention, the plans will mature for the commission to do what needs to be done for the former Members who have served this country with distinction. The populace has decided to move it a certain direction but the great works they did has never been erased from history of these books. This House passed a Motion where we will be recording all the great contributions of all these people. I do hope, as we record the history, we will be able to immortalise some of the people who have left us, through the works that they contributed in development of the 115 years of the Kenyan Parliament.

May their souls rest in eternal peace.

Member for Kabuchai.

Thank you very much, Hon. Speaker. On behalf of the people of Kabuchai and on behalf of my own family, the person I know most, Hon. John Serut whose constituency then, borders Kabuchai Constituency. We share a lot with the people of Mt. Elgon and I stand with them in this somber times of the mountain. I know, Hon. Serut meant well for the people of Mt. Elgon, he stood with them all through. One time we were sharing a light joke when he was alive, that he was named an Assistant Minister by mistake for one hour with the then President Hon. Mwai Kibaki. We were laughing. It was corrected later on. That is the person we have lost. I stand with the people of Mt. Elgon. As the people of Kabuchai, we wish and pray for the family to stabilise in this very serious moments.

Thank you, Hon. Speaker.

Member for Navakholo.

Thank you, Hon. Speaker. On behalf of the people of Navakholo, allow me to pass my sincere condolenses to the families and friends of the Late Dr. Machage and the Late Hon. John Serut.

I had the privilege of serving with Dr. Machage as a Senator and I, as the Member of Parliament. I served together with Hon. Serut in the 11th Parliament in this House. Hon. Serut has had a journey of illness which has taken sometime. I wish to walk in the footsteps of the Leader of the Majority Party. When illness catches up with you upon retirement or exit of politics, it is painful especially when it leads to depletion of your resources. It is not our norm that we contribute something small in aid of our former colleagues. But on this aspect and the times being very tight, it will be in order that we have a support desk, through the Office of the Clerk, so that we can support our colleagues who have suffered illness.

With that, I wish to pass my sincere condolences and pray that the family will persevere during this difficult moment.

Member for Kuria West.

Ahsante Mhe. Spika kwa kunipa nafasi hii. Natoa rambi rambi zangu, za familia yangu na za watu wa Kuria West kwa jumla, kwa familia, sana sana kwa mjane wa Mhe. Machage. Tunaelewa kuwa Mhe. Machage alikuwa na nduguye pacha ambaye walipendana sana na hata kuenda shule pamoja. Pia tunasema pole kwa nduguye ambaye amebaki.

Mhe. Machage alihudumia watu wa Kuria awamu mbili kama Mbunge na pia katika Bunge la Seneti kama Seneta wa Kaunti ya Migori. Tunajua kuwa Mhe. Machage amesimama na taifa hili la Kenya. Wakati wa kugunduliwa kwa Katiba Mpya, alisimama na kututetea sisi Wakuria tupate Kaunti yetu, jambo ambalo halikufaulu. Tuliendelea kusisitiza hili mpaka alipo kuwa Balozi wa Kenya kule Nigeria kabla ya kifo chake. Ilikuwa ni mshtuko sana kwa kuwa Mhe. Machage, alituacha kwa ghalfla siku ya Jumamosi. Tunamwombea Mwenyezi Mungu aiweke roho yake mahali pema peponi.

Ahsante, Mhe. Spika.

Member for Mumias East.

Thank you, Hon. Speaker, for giving me this opportunity. On behalf of the people of Mumias East and my family, I want to register my condolences to the two families; one to the family of Hon. (Dr.) Wilfred Machage and Hon. John Serut’s family, for their losses.

Hon. Speaker, I served with Amb. Machage in the 10th Parliament. He used to grow a big- white beard that made him look abrasive but he was a very gentle person to talk to. No wonder he got elected three terms in a row.

I served with Hon. John Serut in the Committee on Agriculture between 2013 and 2017. He was a good person to work with. He had quite a bit of contributions to make as well. As the people from Western Region, we are going to miss him.

On behalf of the family… I do not know whether Members are aware that we have an association for spouses of Members of Parliament. Hon. John Serut’s wife is an official in that association and that is how I have been learning about his ailment. He has ailed for quite some time and his wife would brief my wife all the time about what was going on.

Hon. Speaker, I will end there and pray to God to rest the souls of our two brothers in eternal peace.

Finally, the Member for Nyando.

Thank you very much. On behalf of Nyando constituency, I also join the 47 counties to immortalise these two deaths. Personally, I did not get to interact a lot with both of them. But I remember Hon. (Dr.) Machage’s eloquence both in

English and Kiswahili. He did a splendid job for the people of this country and the people of Kuria.

Hon. Speaker, I remember one time when President Kibaki was in Kisumu to officially launch the drive for a new constitutional order, I happened to be at the airport with the 5th President of the Republic of Kenya, Hon. Raila Odinga. Hon. (Dr.) Machage appeared and held hands with Baba. When President Kibaki landed, they moved to the VIP lounge and spoke for five minutes. Few days later, Hon. (Dr.) Machage was appointed a cabinet minister. That is a testament that he knew how to negotiate for his things and the things that belonged to his people.

Hon. Speaker, one would wonder how he managed to remain relevant from being a two- term Member of Parliament (MP), to a Senator, and ultimately to an ambassador. Many times, when people leave these House, they become so corroded and irrelevant that they cannot even address an infant’s funeral. But here is someone who knew how to play his game so well that he remained relevant all through. May God bless the souls of his family and give them the fortitude that they need to bear the loss. May God rest his soul in peace.

Indeed. Next order.

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

The Quarterly Report and budgetary review report for the first half of the financial year 2021/2022 from the National Treasury.

Reports of the Auditor-General and Financial Statements in respect to the following institutions for the year ended 30th June 2021 and the certificates therein:

The Chairperson of the Departmental Committee on Finance and National Planning, Hon. Waihenya.

Thank you, Hon. Speaker. On behalf of the Departmental Committee on Finance and National Planning, I beg to lay the following Paper:

A Report of the Departmental Committee on Finance and National Planning on its consideration of the Public Debt Management Bill (National Assembly Bill No. 36 of 2020) .

Hon. Members, just to note, debate on that Bill commenced last week. This is a Bill promoted by Hon. Sakwa Bunyasi. The debate has a balance of two hours and thirty minutes. Any Member who may be desirous of looking through the Report of the Committee on the Bill, for purposes of more information regarding the Bill, may do so now that the Report has been tabled. There is ample time. Debate on that Bill is prioritised tomorrow Morning.

Next Order.

Chairman of the Committee on Implementation, the Hon. ole Kenta.

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

THAT, this House adopts the Report of the Select Committee on Implementation on its consideration of the implementation status of the Report of the Departmental Committee on Lands in its consideration of the Petition of former workers of the late Mayer Jacob Samuels regarding the invasion and division of the workers from their land in Roysambu Constituency by the Kenya Defence Forces laid on the Table of the House on Wednesday, 22nd December 2021.

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

THAT, this House adopts the Report of the Select Committee on Implementation on its consideration of the implementation status of the Report of the Departmental Committee on Lands on a Petition on irregular renewal of leases of land by the Del Monte Kenya Limited, laid on the Table of the House on Wednesday, 22nd December 2021.

Member of Nakuru Town East, what is your point of order?

Thank you, Hon. Speaker. I appreciate what the Chairman of the Committee on Implementation, my brother Mhe. ole Kenta, has presented. But, at the same time, last year I brought a Petition regarding some eight parcels of land which were taken by the Nakuru Industries Limited. The Report by the Departmental Committee on Lands was concluded. It has now taken over 60 days and we have not received a Report by the Committee on Implementation. The Departmental Committee on Lands proposed that the land should go back to the public. That has never been implemented, to date. Instead, a few people were

taken to court for trespass by the same Nakuru Industries Limited. We have tried to look for the Report to see whether it was tabled but we have not seen it.

Hon. ole Kenta, maybe you have a reaction.

Thank you, Hon. Speaker. It is actually normal practice that we follow up on implementation after 60 days. I think this is one of the matters over which we have written to the specific ministry or State Department to handle and give us feedback. I undertake to follow up and give the House a Response next week. I request the Member to give me details of the Report for ease of reference.

So, Hon. Gikaria, it is good to discuss with the Hon. ole Kenta so that you give him the details as he requests.

Next Order.

The first Question is by the Member for Kwale County who has written to request that the Question be deferred to next week. The request has been acceded to.

Question No.043/2022

Hon. Speaker, I rise to ask the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works the following Question:

That Question will be replied to before the Departmental Committee on Transport, Public Works and Housing. The next Question is by the Member for Gem, Hon. Elisha Odhiambo.

Question No. 046/2022

Hon. Speaker, I rise to ask the Cabinet Secretary for the Ministry of National Treasury and Planning the following Question:

That Question will be replied to before the Departmental Committee on Finance and National Planning. The next Segment is Statements. There is a Request for a Statement by the Member for North Imenti.

Hon. Speaker, this is a Request for Statement regarding delayed construction of buildings that were demolished within the Meru divisional headquarters to create space for the extension of Kinoru Stadium.

Pursuant to Standing Order No. 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Sports, Culture and Tourism regarding delayed construction of buildings, within the Meru Divisional Headquarters, that were demolished to create space for the extension of Kinoru Stadium in North Imenti Constituency. The State Department of Sports, in conjunction with Sports Kenya, has been undertaking the refurbishment of Kinoru Stadium. The refurbishment was first commissioned in the year 2014 with a view to ensuring that the stadium meets international standards. The renovated stadium will come with immense economic and social benefits for the people of Meru County.

Prior to commencement of the refurbishment of the said stadium, a site visit revealed that the following buildings within the divisional headquarters needed to be demolished to create space for the extension: the Assistant County Commissioner’s Municipality Office Block, Tima Chief’s Office, Administration Police Officers’ houses, a canteen, a public toilet and a VIP toilet. Sports Kenya, therefore, committed itself to reconstruct the buildings that were earmarked for demolition.

To this end, it was agreed among the key stakeholders that the following buildings would be constricted in place of the demolished ones:

Excellency the President. Regrettably, the said buildings have not been constructed from 2014 to date. It is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Sports, Culture and Tourism on the following:

Could the Cabinet Secretary explain delays in construction of buildings to replace those demolished to pave way for the extension of the stadium? (iii) Could the Cabinet Secretary provide timelines within which the said buildings will be

constructed? (iv) Could the Cabinet Secretary provide the temporary measures that have been put in

place to ensure that provision of public services continue without interruption? Thank you, Hon. Speaker.

Chairperson of the Departmental Committee on Sports, Culture and Tourism. As you can see, Hon. Members, the Member for Mavoko is not here. The request will be channelled to the Committee through the Office of the Leader of the Majority Party.

Member for Kilifi North.

Thank you very much, Hon. Speaker. I rise to inquire about a Request for Statement which I made in this House on 17th November 2021 regarding expansion of the Malindi International Airport. The request was directed to the Chairperson of the Departmental Committee on Transport, Public Works and Housing. One of the pertinent issues I raised is on the Malindi Airport land which was acquired from residents who have never been paid. This is something that is really painful to the people. The request has not been responded to. This House does not, in any way, act in vain. Whatever is discussed here is supposed to be reported on by the relevant committee so that the people we serve and represent know what is happening. That is the reason we are here.

Hon. Speaker, I would like to request for your indulgence so that the Statement is brought to the House as quickly as possible. The Chairperson should be duty-bound to do what is required of him as the Chairperson of the Committee.

I thank you.

Well, I suspect the Chairperson is still the Chairperson of the Committee. When did you make the request?

On 17th November 2021.

In all fairness, the Chairperson should present a report on that request by Wednesday next week, if he is not here today. Leader of the Majority Party, take up the matter.

Member for Nyando, do you also have another issue?

Yes, Hon. Speaker. I thank you for giving me another chance. I reckon that the weekend was a beehive of activities for you. I want to congratulate you on becoming the party leader of the Democratic Party of Kenya. It is not a mean feat.

Just a while ago, we were immortalising our brother and former colleague, Dr. Machage. It is true Dr. Machage is a former chairperson of the Democratic Party of Kenya. Therefore, there is a good convergence of issues in that regard.

Hon. Speaker, as you assume the big role of leading a political party, I want to wish you well. I also acknowledge the contributions that have been made by political parties in strengthening

our democracy. You are getting into bigger shoes where the expectation of Kenyans with regard to championing our democratic ideals is needed. We have heard about extrajudicial killings. We will need your voice, going forward. Multiparty democracy came at a big cost, including loss of lives. We are glad you are a veteran in this game and your voice will be needed as we move forward. All we can do as Kenyans is to wish you well in all the journeys you will undertake.

Finally, I challenge you to revive the former President Kibaki’s party so that it gets back to where it was before. I also extend an olive branch to you to quickly move to the biggest political outfit in the country now called Azimio la Umoja, so that we can create an enabling environment for democracy, economic empowerment and all the goodies that will come with Raila’s presidency.

I thank you, Hon. Speaker.

The Member for Nyando has introduced a dimension that was not on the table. I recognise Hon. Dennitah Ghati.

Hon. Speaker, thank you for the opportunity. On 18th November 2021, I raised a Question directed to the Ministry of Public Service, Gender and Senior Citizens Affairs concerning a gender-based violence recovery centre known as Nguruna in Nyabasi East Ward in Kuria East Constituency of Migori County. I raised the Question with regard to the implementation status of that centre and the amount of money that had been spent. To date, I have not received any communication from the Ministry or from the Committee. I beg your indulgence to enable me to get answers to this Question for onward transmission to my people.

I thank you.

That one falls under the Departmental Committee on Administration and National Security. Is Hon. Peter Mwathi here? This is the second week since Hon. Peter Mwathi became extremely rare in the House. I think all these requests should be channelled through the Office of the Leader of the Majority Party. He is the one who should know how to deal with these chairpersons. All of a sudden, most chairpersons are missing.

Member for Kamukunji, you also had something to raise?

Thank you, Hon. Speaker. I have four items that had not been responded to. I raised a Question on the Kinyago Kanuku title deed with the Departmental Committee on Lands and the Ministry of Lands and Physical Planning. I also requested for a Statement from the Cabinet Secretary for Interior and Coordination of National Government on the frequent fires at Gikomba Market. I also brought a Petition on naming of Karura Forest after the late Wangari Maathai, directed to the Chairperson of the Departmental Committee on Environment and Natural Resources.

Lastly, I had brought a Petition concerning the Ministry of Sports and National Heritage on the formation of the National Council for Kiswahili. None of these four Questions, Statements and Petitions have been responded to by the respective committees of the House.

Well, I can see Hon. Sophia Abdi. Have you heard the one on Karura Forest? Do you want to say something?

Hon. Speaker, I have heard about the Petition by Hon. Yusuf Hassan. If I remember, we have addressed it and in a week’s time, we will bring a report to the House. Thank you.

That is an active chairperson and she is always in the House. As for the others directed to your neighbour - the Member for Mavoko - as you can see, his sit is empty. The

other two are to be responded to by Hon. Peter Mwathi. The Leader of the Majority Party will take up on all those matters.

(An. Hon. Member spoke off-record) If the chairpersons whom you referred the Questions to are not here, why not approach the Leader of the Majority Party, so that he can take up those matters with the relevant chairs?

Hon. Speaker, I had raised a Question on the issue of the Kedong Ranch, which was referred to the Departmental Committee on Lands. Hon. (Dr.) Nyamai was around. I am sure she is following us from somewhere.

In Narok, this is a very emotive issue. About 98,000 hectares of the Kedong Ranch were, a long time ago, hived off from Narok and taken to Nakuru County. Whenever we ask who bought that land and where the owner is, we are told it was bought off from Wazungus. I do not know any Maasai who was a Mzungu. I do not have a name. The said land is now under the KDF protection yet it is private land.

I have my small private land, but it is never guarded by the KDF. Therefore, I do not understand why private land is guarded by the KDF. The said land has been fenced off using trenches. Three children have, in fact, died after falling into the trenches. It is, therefore, an emotive issue. Hon. Speaker, I ask that you direct that my Question be replied to.

On what Hon. Martin Owino of Nyando Constituency had said, you are a presidential candidate under DP. We congratulate you for being confirmed. You gave the best speech ever, especially on political bad manners. What you described was perfect. You are ahead of all the other horses.

Hon. Speaker, on several occasions, I have told you that this year’s general election will be of two horses between the second and the third in-command. Those are the horses that will be in the race. The Constitution bars the first in-command from contesting. You are not the second, but the first. You are ahead of the rest. The talk on the social media today is about political bad manners, where the Government sources help from the opposition and becomes opposition itself. That was the best speech. It is equivalent to that of Martin Luther Junior. Thank you.

Hon. Members, let us go to the substantive business of the day. As you can see, the numbers are dwindling yet we have to do some business that requires numbers. The late Prof. Ali Mazrui said that as Independence approached, the term “East Africa” shrunk in meaning. Many of you may wonder what that means. That is because some territory became Tanganyika while other became Uganda, et cetera.

Members, let us now do business. The grandfather of the House has arrived one hour five minutes after commencement of business.

Member for Kitutu Chache North, you are welcome.

The Members who are out there, including Hon. Washiali and Hon. Njomo, kindly, imitate your seats.

Hon. Members, business on this Bill was concluded in the Committee of the whole House. However, the Question for agreement with the Committee’s Report could not be put.

Therefore, I go ahead put the Question as follows: THAT, the House do agree with the Report of the Committee of the whole House on its consideration of the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bill No.32 of 2021) .

Hon. Speaker, I beg to move that the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bill No.32 of 2021) be now read a Third Time.

I request Hon. Wamunyinyi to second.

Hon. Wamunyinyi.

Hon. Speaker, I second.

Hon. Members, I confirm that we still quorate. Therefore, I will put the Question.

Next Order!

Hon. Member, I know the issue you may want to address. The Member for Ugenya has approached me and I have acceded to his request. Is Hon. David Ochieng in?

Next Order.

Hon. Members, before we move to the next Order, I wish to announce to the House that I have been requested by the Member for Ugenya - and I have acceded to that request - to rearrange the business on the Order Paper so that what appears as Order No.12 becomes Order No.11 and Order No.11 becomes Order No.12. The Member has indicated that his constituency has been without a Constituency Development Fund (CDF) Committee for the last seven months and I think it is only fair that the House considers this Motion for appointment of members to the Ugenya Constituency National Government Constituency Development Fund (NG-CDF) Committee. So, it is accordingly directed.

Next Order.

Chairperson of the Select Committee on the National Government Constituencies Development Fund (NG-CDF) Committee.

THAT, this House adopts the Report of the Select Committee on the National Government Constituencies Development Fund on its consideration of the list of nominees to the National Government Constituencies Development Fund Committee for Ugenya Constituency, laid on the Table of the House on Thursday, 17th February 2022 and pursuant to the provisions of Section 43 (4) of the National Government Constituency Development Fund Act, 2015 and paragraphs 5 (2) and (10) of the National Government Constituencies Development Fund Regulations, 2016, approves the list of nominees for appointment to the Ugenya Constituency Committee of the National Government Constituency Development Fund as follows – No.

So, may the people of Ugenya enjoy the fruits of this very useful Fund. Hon. Ichung’wa, what is out of order?

Thank you, Hon. Temporary Deputy Speaker. I wanted to raise the issue when the substantive Speaker was still on the Chair. However, since you are here, let me raise it.

him at that point that I hoped that the consultations would also include those of us who had amendments.

The reason I rise under Standing Order No.114 is that I have been the Chairman of the BAC in this House and so I know the implications of Article 114 on Money Bills on the provisions of either a Bill or amendments to a Bill. I just wanted clarity on a few things.

One, my amendments do not seek to amend the BPS, but to amend the Committee’s Report. You are aware that this House has the powers to amend even the BPS itself. In my understanding and opinion, that would be affected by Article 114 and the provisions of Standing Order No.114. A case where we seek to amend the Committee’s Report is similar to a situation where we are amending an amendment by a Committee. That is not affected by the provisions of Standing Order No.114. Therefore, I seek your guidance.

I have written to the Clerk of the National Assembly to seek the same clarification because from last week up to date, the Chair of the Budget and Appropriations Committee has been running his mouth in rallies out there. He has not in any way engaged any of us who had proposed amendments in terms of inviting us to appear before the Committee to prosecute our amendments in case they will be affected by the provisions of Article 114 of the Constitution and Standing Order No.114. Therefore, I seek your guidance and that of the substantive Speaker as to whether we are able to amend the Committee’s Report.

Two, are we able to amend the BPS itself? In my view, it is possible to amend both the BPS and the recommendations of the Committee’s Report because it is now a Report of the House and we can decide to do anything with it, including amending it. That is my view and opinion. I wanted clarity on that.

Some of us have proposed amendments. Members still have an opportunity to file more amendments up to 24 hours before the Report appears on the Order Paper. We want clarity as to whether the Budget and Appropriations Committee will be seeking to invite any Member who has an amendment to the Budget Policy Statement to appear before it and justify their amendments, so that we do not come here to debate and the amendments that we have proposed are subjected to the provisions of Standing Order No.114 and Article 114 of the Constitution. I have also written to the National Treasury because some of the amendments that we are proposing speak to issues that affect Kenyans. You may have noticed the #reducefoodprices that has been running on social media. It is unfortunate that we sit in this House to represent those people lamenting out there on social media, yet we are the policy makers who can effect policies that will positively affect the lives of Kenyans. We are not doing it! Unfortunately, as leaders and Members of Parliament who should be addressing matters that are of concern to the people who have sent us to this House, we are busy running our mouths out there in rallies and not doing what we ought to do in this House.

It is also unfortunate that very senior leaders are telling Kenyans to stop barking like dogs. It is unfair to say Kenyans are barking. They are doing so because they are hungry! Instead of insulting them, ask Members of Parliament to sit in this chamber to address the question of food prices and the cost of living in this country! They can ably do so using the Budget Policy Statement (BPS) and ensure this year’s budget addresses the concerns of the Kenyan people.

Therefore, I wish to beg the substantive Speaker and the Clerk’s Office to offer guidance. One, are we able to amend the BPS? Two, can the recommendations in the Report by the Budget and Appropriations Committee be amended? Three, if those amendments are subject to the provisions of Article 114 of the Constitution and Standing Order No.114 you can direct the Chair

of the Budget and Appropriations Committee, Hon. Kanini Kega, instead of running his mouth out there insulting people, to convene a meeting of the Committee and consider…

The Temporary Deputy Speaker (Hon. Christopher Omulele): Hon. Ichung’wah you have made your point.

Consider the amendments that have been filed before the Committee. I can see Hon. Makali Mulu wants to comment. I was the Chair of this Committee and know the implications of each and every recommendation I have made. I cannot propose an increment to the Budget without a corresponding cut. It is unfortunate that I saw some Members out there and not in this House…

(Loud consultations)

The Temporary Deputy Speaker

: Hon. Ichung’wah I think you have made your point. From the top of my head, if a Report comes to this House, it is the business of the House to deal with it one way or the other; either disapprove or amend it. This matter is well seized by the Clerk’s Office and the Speaker will be giving directions in due course. I think that is it. Hon. Makali Mulu.

Thank you, Hon. Temporary Deputy Speaker. You know fairness demands when you are mentioned, you say something. Hon. Kimani Ichung’wah is my good friend and Chairman-emeritus Budget and Appropriations Committee. He knows the law very well and what is supposed to be done.

In his request, there are two or three things you need to consider. First, is the Report by the Budget and Appropriations Committee, which he is mentioning, discussing the BPS? If it is, then is it discussing what is expected of Article 114 of the Constitution and not the Standing Orders, which demand that any Money Bill must be subjected to a discussion between the Committee he used to Chair and the National Treasury? This needs to come out clear. Second, he is proposing changes which are affecting figures. He was my Chair and knows very well the process of coming up with that document is consultative and requires public participation. Have his proposed amendments been subjected to public participation?

Third, this Report was stepped down by the Chair. So, when he says you commented on it, which Report did you comment on? Are we discussing something which is outside this House? To me, these are the critical issues you need to consider as you give your ruling or guidance on this matter. I am saying, as a House, we must differentiate what people say out there in political rallies and what should be done here.

I have heard them talk about food prices and the cost of living. I am a holder of Doctor of Philosophy (PhD) in Economics. The cost of living is measured by an index called the Consumer Index. It is a basket of items not just food. In it, there is petroleum products prices and other things. If they are students of economics, let them do their homework before they go shouting out there. I do not know whether they have any economists amongst their think-tanks. They must get things right. We are not going to sit here and assume that they are more Kenyan than us. We are also Kenyans. We represent Kenyans. We will not allow people to assume the monopoly of ideas and knowledge. We will not allow!

Hon. Temporary Deputy Speaker… The Temporary Deputy Speaker

: Hon. Makali, you have made your point. There is nothing out of order. Hon. Makali, just resume your seat because you have made your point.

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

The Temporary Deputy Speaker

: Hon. Baya, there is nothing out of order. Hon. Makali, do not shout. We are really living in excitable times. Hon. Ichung’wah, who raised the issue of people shouting out there, is one person that I have seen in those rallies.

I have seen Hon. Ichung’wah and this is a fact. He attends the rallies. All these Members attend those rallies. Everything that is discussed in this House affects Kenyans. This Parliament belongs to the people of Kenya. Everything that is said here is the business of the people of Kenya. Let us not get too excited because everything here belongs to the people of Kenya. There will be a direction that will be given by the Speaker in regard to the issues that have been raised by Hon. Ichung’wah. That marks the end of that discussion. We will move to the next business.

Thank you, Hon. Temporary Deputy Chairman. I beg to move:

THAT, Clause 3 of the Bill be amended by deleting paragraph (g) and substituting therefore the following new paragraph—

“(g) promote circular economy practices for green growth;” Hon. Temporary Deputy Chairman, the reason as to why Clause 3 is being proposed to be amended is to introduce a new key objective that had been omitted. A supply economy is a model of production and consumption which involves sharing, leasing, re-using, repairing, recycling existing materials and producing as long as possible that ends up attracting global challenges like climate change, waste management and pollution.

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

Hon. Temporary Deputy Chairman, I beg to move: THAT, Clause 4 of the Bill be amended in paragraph

(f)

by deleting the words “development goals” and substituting therefor the words “waste management”. We propose to amend Clause 4 to provide clarity and correct reference in terms of Sustainable Waste Management and not Sustainable Development Goals. That is the clarity that we want.

(Question, that the words to be left out be left out,

put and agreed to)

Clause 5

The Temporary Deputy Chairman (Hon. Patrick Mariru): Do you have an amendment, Hon. Chair?

Hon. Temporary Deputy Chairman, I beg to move: THAT, Clause 5 of the Bill be amended in paragraph

(b)

by inserting the words “and county governments” immediately after the word “Authority”. County governments have a devolved function in terms of waste management hence ought to be consulted in developing the regulations. Since they have that responsibility and function, they need to be consulted. That is the import of the amendment.

The Temporary Deputy Chairman

: Yes, Hon. Sankok.

Now that it involves county governments, does it mean that after we have passed this Bill it must go to the Senate? We need to be clear. Was it going there anyway? That is good so that we consult county governments because they are responsible for waste management. I do not know why the Senate does not have a committee on waste management instead of having the Standing Committee on National Security and Foreign Relations because that is their function.

I support the amendment. The Temporary Deputy Chairman

: Yes, Hon. Nyikal.

Will it be appropriate if after the word “Authority” you just insert the words “county governments”?

An

“and county governments”? Then that is correct.

Clause 6

The Temporary Deputy Chairman

: Let us have the Chair.

Hon. Temporary Deputy Chairman, I beg to move: THAT, Clause 6 of the Bill be amended—

THAT, the Bill be amended by deleting clause 7 and substituting therefor the following new sub-clause— Functions of

the Council.

shall, within one year of the coming into

This amendment seeks to clarify the roles of NEMA and the Council to avoid overlapping the mandate of the two bodies.

(Question of the amendment proposed) The Temporary Deputy Chairman (Hon. Patrick Mariru): Yes, Hon. Buyu.

Thank you, Hon. Temporary Deputy Chairman. I just want to say something about this amendment because in the Committee we realised a lot of overlapping in many of these bodies. So, what happens is that nobody takes responsibility. You accuse NEMA of having overlooked it's responsibility yet it says it did its part. The Water Resources Management Authority (WARMA) is the one to be blamed. So, there is collision. Therefore, I support this amendment.

The Temporary Deputy Chairman

: Hon. Sankok one minute.

Thank you, Hon. Temporary Deputy Chairman. As I support this amendment, we need to be very careful because this waste management issue is cutting across NEMA and WARMA and creating many overlaps. I think it is good for the Committee to clearly highlight the functions of these authorities so they do not overlap. I hope we can see the functions of WARMA and NEMA to avoid taking away their powers. I support.

Clause 8

The Temporary Deputy Chairman (Hon. Patrick Mariru): Hon. Chair.

THAT, clause 8 of the Bill be amended by deleting sub-clause

(2)

. This amendment will resolve the ambiguity between Sections 8

(2)

and 15

(2)

(c)

with regards to the role of developing action plans for implementation of the national waste management strategy vis-a-vis the role of the Cabinet Secretary in doing the same.

(Question, that the words to be left out be left out,

put and agreed to)

Clause 9

The Temporary Deputy Chairman

: Hon. Chair.

THAT, Clause 9 of the Bill be amended by inserting the following new sub- clauses immediately after sub-clause (7) —

Thank you, Hon. Temporary Deputy Chairman. I beg to move:

THAT, Clause 10 of the Bill be amended —

I appreciate that we need to pass this and move quickly. However, if you are talking about consultation, I do not understand why we are rushing a lot of things. If we are just saying that the Cabinet Secretary (CS) and the county government 'shall', then we also need to provide a mechanism. It is a kind of law that will be very difficult to implement it we go that direction. We cannot just say so-and-so will handle that unless they can assure us that there is a provision within this Act where the two come together. We can then be directed on where the regulation comes in and we can look at it.

The Temporary Deputy Chairman

: Who is that with a mask on? Yes, Hon. Musyimi.

Thank you, Hon. Temporary Deputy Chairman. On that particular matter on consultation, there is a council that is provided for in that Bill which has Members of the County Government/Caucus of Governors. We are saying that the consultation bit had been left out and we are trying to insert it to say that the Ministry should consult. This is because the county government is part of the Governing Council of the organisation that will be overseeing the implementation of this Bill. So it is just a matter of consultation. I am speaking as the Vice-Chair of the Committee.

The Temporary Deputy Chairman

: Let us hear Hon. Gichimu for one minute and then we proceed.

Thank you, Hon. Temporary Deputy Chairman. I agree with Hon. Nyikal because when we say consultation between the CS and the county government, in my view, a CS is a person whereas the county government is a whole institution. The amendment ought to be specific that the consultation will be between the CS and the County Executive Committee (CEC) in charge of that relevant Ministry. In doing so, it will be a bit tidy and not open for all the counties because it refers to a specific county in this particular case.

The Temporary Deputy Chairman

: Leader of the Majority Party.

Hon. Temporary Deputy Chairman, we should not miss the import of the amendment. It is basically expanding the number of people to be consulted. In the Bill, it says, “consult the authority”. The Committee is suggesting that in addition to the authority, we should also consult the county governments. The nature of consultations and how they happen can be sorted out within the regulations. The amendment is seeking to enjoin the county governments as part of the bodies that need to be consulted. In my view, that is a fair thing. I hear what Hon. Gichimu is saying, however, in doing these laws, what happens if your county

government decides not to appoint a CEC for Environment? The consultation is with the government and whoever is responsible for that function in that county government. I think the specificity he is asking for might actually be riskier when you are making the law. It can go to the regulation but not in the main law.

(Question, that the words to be inserted be inserted, put and agreed to)

THAT, Bill be amended by deleting Clause 12 and substituting therefor the following new clause— 12 (1) All public and private sector entities shall segregate non-hazardous waste into organic and non-organic fractions.

(Question, that the words to be inserted in place thereof be inserted, put and agreed to)

Hon. Temporary Deputy Chairman, I beg to move: THAT, Bill be amended by deleting Clause 13 and substituting therefor the following new clause—

Hon. Temporary Deputy Chairman, I appreciate the principle that we can put in regulations, but I also see a trend as we go along that after every clause, the Cabinet Secretary is mentioned. I suggest that the Committee looks into the Bill and introduces a clause that deals with the regulations and gives the areas in which the regulations can be introduced. We are just going bit by bit. What about other areas where nothing is mentioned?

The Temporary Deputy Chairman

: Hon. Chair, do you have a comment? Did you hear what Hon. Nyikal said? Let us have the Leader of the Majority Party.

Hon. Temporary Deputy Chairman, I hear what Dr. Nyikal is asking. Where it is specifically mentioned in the Bill, it is because the matter is considered so significant that it requires specific regulations. However, at the end of the Bill, there is an overarching provision that the cabinet secretary shall make regulations for better Extended Producer Responsibility

implementation of the Bill. Anything not specified will be covered anyway or the cabinet secretary may make regulations.

(Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to)

THAT, Clause 15 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (2) —

Thank you, Hon. Temporary Deputy Chairman. Just as Hon. (Dr.) Nyikal has said, as we support this amendment, I am still uncomfortable with the mentioning of the Cabinet Secretary alone yet, we are saying they will consult with the county government. So, they will consult with the county government on one hand and on the other they will not consult with the national Government, but a specific office called a Cabinet Secretary’s office. Supposing a regulation is made that they will be consulting the Ward Administrator in the county, what will follow?

I think where the county government is mentioned, let us specify it is the County Executive Committee (CEC) in-charge. As the Leader of the Majority Party has said, if we do not say this then we should say the national Government can set regulations. We are specific about the national Government because it is an office, but as we go down there, we are saying the county government. Suppose there is a regulation that they should consult the governor himself, what will happen? This will be a bit untidy.

Thank you. The Temporary Deputy Chairman

: Yes, Hon. Akinyi.

Thank you, Hon. Temporary Deputy Chairman. I just want to say that I support this amendment because we are specifying the time limit. This means we lay focus on the responsibility or action. We are then able to monitor which

county government does not adhere to what they are supposed to do; rather than leaving it open yet some counties will never effect what they are supposed to do towards waste management.

Thank you. (Question, that the words to be inserted be inserted, put and agreed to)

Hon. Temporary Deputy Chairman, I beg to move Clause 16 as further amended.

The Temporary Deputy Chairman

: So, for the sake of the Members because they may not have copies of the further amendment, just read what you have in the amended form.

THAT, Clause 16 of the Bill be amended —

THAT, Clause 17 of the Bill be amended in paragraph (a) by deleting the words “one year” and substituting therefor the words “two years”.

Hon. Temporary Deputy Chairman, this amendment seeks to increase the timeline for enactment of legislation required by the county government to two

(2)

years, which is more practical than one year, after coming into operation of the Act.

(Question, that the words to be left out,

be left out, put and agreed to)

Clause 18

The Temporary Deputy Chairman

: Hon. Chair.

THAT, Clause 18 of the Bill be amended—

THAT, Clause 19 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (1) —

(1A) Notwithstanding the generality of subsection (1), the Cabinet Secretary shall, within six months of the coming into force of this Act, Gazette the category of private sector entities that shall be required to prepare waste management plans which shall be based on the volume of production of waste. Hon. Temporary Deputy Chairman, the amendment seeks to make provision for the Cabinet Secretary to set aside a category of private sector entities that shall be required to prepare waste management plans which shall be based on volume of production of waste so as not to burden all private sector entities.

(Question of the amendment proposed)

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

The Temporary Deputy Chairman

: Yes, Hon Nyikal?

That sounds good. I would like to get more details because it will actually exempt some people. This is because you may say that you are going to look after one big industry, but if you have very many players that are doing the same thing, then the environmental impact may just be as big. So, how do we handle that? Or do we just assume that the people doing the regulation will do so, yet you have already provided the exemption at this point?

The Temporary Deputy Chairman

: Hon. Nyikal, is an exemption provided?

They are providing that the Cabinet Secretary will set aside the category of private entities that shall be required to prepare waste management plans which shall be based on volume. So, you are saying that some level of volume will be exempted and they will not have to do plans. That is my understanding of this amendment.

The Temporary Deputy Chairman

: Your understanding is by implication. Anyway, the Chair is there. Do you want to speak to this?

The Vice-Chair wants to say something--- The Temporary Deputy Chairman

: Who is the Vice-Chair?

Eng. Nzengu. The Temporary Deputy Chairman

: Hon. Musyimi, proceed.

Thank you, Hon. Temporary Deputy Chairman. We were informed by the fact that originally, the draft was globally covering all private sectors, and we realized that it was a bit too much. So, we are providing that the Cabinet Secretary should limit that by coming up with a regulation that would limit the level of private sectors depending on the weight or the amount of pollutants they are producing, and the person to make that strategy. We are saying that you cannot open it to all private sectors, because that will be too wide. We were trying to limit the extent at which the requirement would apply.

The Temporary Deputy Chairman

: Hon. Nyikal?

I understand that because when you say that every small sector is going to do their plan, then you will be distressing them because they do not have the capacity.I am making a suggestion. The Committee can see how to word it such that the Cabinet Secretary is mandated to have a waste management plan for handling small entities that do not produce their own.

In terms of waste management, you can handle one big company, but the real problem may come when you have very many companies all over the place. It is like waste paper. If you go to an estate and find a lot of waste paper, it does not come from one big producer, but from different households which produce small bits of paper, and the place ends up being littered. If the Committee thinks about it, they can bring an amendment stating that the Cabinet Secretary shall make a waste management plan for those whose volumes of waste are small. I would even include the levels of volume.

The Temporary Deputy Chairman (Hon. Patrick Mariru): Let us hear from the Chair and then we make progress.

Just as the Vice-Chair said, we were informed to include this amendment because of the current waste that is all over. The Cabinet Secretary will put in place tight regulations on the volumes of production so that they can have proper management and plans. The rest of the small entities that we are talking about will be a responsibility of the county governments in consultation with the national Government.

Is it indicated somewhere? That sounds nice.

It will be in the regulations.

Clause 21

The Temporary Deputy Chairman

: Hon. Chair, do you have an amendment?

THAT, the Bill be amended by deleting Clause 21 and substituting therefor the following new clause—

Clause 31

THAT, Clause 31 (2) of the Bill be amended —

Hon. Temporary Deputy Chairman, I beg to move: THAT, the Bill be amended by inserting the following new clauses immediately after clause 19— Duty to segregate and dispose waste. 19A.

(Question, that the new clause be read a Second Time, proposed) The Temporary Deputy Chairman (Hon. Patrick Mariru): Yes, Hon. Sankok

As we continue to support this New clause 19 A, especially 1 (b) which states:

“dispose the waste to only licensed waste service providers or at collection points designated in accordance with the provisions of this Act”. This sounds very good but do the households first segregate waste before disposing or it, or is it the registered or licensed service providers who will segregate it? You need to be clearer so that if it is at the source, it is well-known.

The Temporary Deputy Chairman

: One minute, Hon. Chair.

If Hon. Sankok looked at 1 (a) , it clearly gives him the answer; the waste is segregated at the source.

The Temporary Deputy Chairman

: Hon. Nyikal?

I think the penalty provided in the New Clause 19A is not strong enough. If a person includes an industry, can you imagine if it does not do what is expected and is fined not exceeding Kshs.20,000? This is nothing, they will just pay and go on doing what they want. I would increase that fine up to Kshs.1 million, knowing that we give the court leeway. So, if it is a small client provider, they will deal with this, but if you cap it, you are protecting the big-time polluters. In fact, I would even go higher.

The Temporary Deputy Chairman

: Let us have the Chair say something. Hon. Sankok one minute please, so we have the Chair make progress on this.

Thank you, Hon. Temporary Deputy Chairman. Through you, I take this opportunity to request the Chair to bring a further amendment. Hon. (Dr.) Nyikal is very correct about a fine not exceeding Kshs.20,000. You can put a fine not exceeding Kshs.2 million, which means you can be fined Kshs1,000 depending on how much you have polluted. If you are a person who has just thrown a piece of paper, you can be fined Kshs1,000. Supposing we are not exceeding Kshs.20,000 and a big industry like the Tannery in Ewaso Nyiro pollutes the whole environment and destroys the health of so many Kenyans, you mean he will only be fined an amount not exceeding Kshs20,000? They will gladly pay the fine.

The Temporary Deputy Chairman

: We will have the Vice-Chair. Hon. Chair you are at liberty to consult your legal people as we hear from the Vice-Chair then. I will give you a chance to make a final stump on this. Hon. Musyimi – it is not you Hon. Akinyi.

Thank you, Hon. Temporary Deputy Chair. Then you do not know me by that name.

The Temporary Deputy Chairman

: It is only I who knows you by that name.

Hon. Temporary Deputy Chairman, the only issue here is about segregation of the waste and not the pollution exercise. We are saying that if households do not segregate and dispose waste in the right way, they are liable to being charged Kshs.20,000 or imprisoned for that period of time. We are only looking at that act of segregating the waste and not delivering in the designated places. It is not the whole action of pollution.

Thank you, Hon. Temporary Deputy Chairman.

The Temporary Deputy Chairman (Hon. Patrick Mariru): I am sure that the Chair is still consulting. Yes, Leader of the Majority Party? We have to conclude this. I am just giving some time to allow the Chair conclude her consultations.

Hon. Nyikal is getting excited, but if you look at the New Clause 19A, it is basically splitting the respective roles of citizen and the waste service providers. It basically says that a person shall segregate waste at source and shall dispose the waste to only licensed waste providers. If you do not do any of those two – segregate at source or dispose the waste to only service providers – then you can be fined up to Kshs.20,000 regardless of the volume. This is additional to other provisions in terms of what you must do.

You will recall that we earlier on talked about the Cabinet Secretary gazetting the category of service providers that shall be required to provide their waste management plans, therefore taking care of the volumes. Those things will be captured within there. But this particular clause is only addressing the issue of non-compliance with the provision of this law in relation to segregating the waste and using a licensed service provider, not disposing.

Hon. Temporary Deputy Chairman--- The Temporary Deputy Chairman

: Hon. Nyikal, let us first hear from the Chair, as she might give some direction to enable us save on time. Hon. Chair, as you speak to it, please ensure that you take the Members slowly around the small entities, households and the big entities. Clause 19 of the original Bill provides for the bigger entities.

Thank you so much, Hon. Temporary Deputy Chairman. I am well guided. I want to thank Hon. Nyikal, my best friend, for raising issues that really need clarification. If he can look at Clause 19 properly, he will notice that the big entities like the service providers have bigger fines of about Kshs.200,000. If you go into details of Clause 19, you will notice that it provides for the big entities.

The Temporary Deputy Chairman

: Is it Clause 19

(2)

?

Yes. This is separate for the other small entities and citizens at that level such that if they are not able to do the segregation, then they will be fined that amount. For instance, if a mama operating a kiosk is unable to do the segregation, then she will be fined Kshs.20,000. The other providers with big volumes are covered well in Clause 19 (2) .

The Temporary Deputy Chairman

: Hon. Members, we must make progress and take a decision on this.

New Clause 19B

The Temporary Deputy Chairman

: Hon. Chair, please move Second Reading for New Clause 19B.

THAT, the Bill be amended by inserting the following new clauses immediately after Clause 19—

Duties of waste service providers.

19B. (1) A waste service provider shall handle segregated waste in accordance with the provisions of this Act.

Act commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand shilling or imprisonment for a term of six months or both.

The Temporary Deputy Chairman (Hon. Patrick Mariru): What is the import of the amendment?

Hon. Temporary Deputy Chairman, the import is the same as in new Clause 19A. The amendment provides duties of waste service providers in new Clause 19B, whereas new Clause 19A provides the duty to segregate and dispose waste by anybody who generates waste. This will ensure that we have clear roles of the two.

The Temporary Deputy Chairman

: Hon. Gichimu?

Hon. Temporary Deputy Chairman, there is no difference in New Clauses 19B and 19A (2) . New Clause 19A (2) provides what happens if you do not segregate and dispose the waste in the licensed areas or providers. New Clause 19B (2) talks about the same. It says that a waste service provider shall deliver segregated waste collected to facilities licensed and designated in accordance with the provisions of this Act. It then says what happens if you do that which is covered in new Clause 19Ap (2) . That is over legislating, which has no import.

The Temporary Deputy Chairman

: Let us hear from the Leader of the Majority Party. Hon. Gichimu, one clause refers to a person who generates waste and the other one is a waste service provider.

Yes, Hon. Temporary Deputy Chairman. They are different.

The Temporary Deputy Chairman

: Contribute for one minute, Leader of the Majority Party.

Hon. Temporary Deputy Chairman, you have nailed it. New Clause 19A refers to the person who generates waste. New Clause 19B refers to the waste service provider. The two are very distinct. The one who generates the waste must use the waste service provider. The two provisions are now brought side by side.

The Temporary Deputy Chairman

: Hon. Nyikal?

I agree that the two clauses are different. However, this Bill will not serve us well. You have said that Clause 19A is provided for in Clause 19, which is about preparation of waste management plans. Clause 19A is about production of waste. I agree with this amendment. We are now talking about a waste service provider that can be a very huge company. We are limiting it to a fine not exceeding Kshs.50,000. Imagine somebody who is collecting waste from an estate and has a fleet of 50 or 100 vehicles and he is not doing it properly, and then you fine him Ksh50,000, he will pay you!

When Rwanda made provisions for people who throw cans and banana peels out of vehicles, they were fined some money. They would just go and pay until the law was changed that they had to be jailed. They curbed it. We should do things that are prohibitive for environmental safety. This fine is too low. I suggest it to be Kshs.1 million. The other fine in new Clause 19A, which we cannot go back to, is only Kshs.20,000. If the Mover agrees with me, I suggest that we change the fine in new Clause 19B to Kshs.1 million.

The Temporary Deputy Chairman (Hon. Patrick Mariru): Hon. Members, we have to make progress in this clause. I will give the opportunity to the Leader of the Majority Party, and then the House will make a decision.

Hon. Temporary Deputy Chairman, for the comfort of Dr. Nyikal, I believe that in Clause 16 that we just passed, we provided that a person who is in charge of a public entity that discharges waste contrary to the provision commits an offence and provided a Kshs.1 million fine. It is already provided for elsewhere in terms of disposing the waste. We are only talking about the segregation of the waste here. When you look at the Bill in totality, you find that there are stiff fines for actual discharge of waste. However, these are fines for the processes before discharge of waste.

Schedule

The Temporary Deputy Chairman

: There is an amendment by the Chair.

Hon. Temporary Deputy Chairman, I beg to move that:

THAT, the Bill be amended by inserting the word “Second” immediately before the word “Schedule” appearing in the title to the Schedule.

This amendment introduces a new schedule to provide for the conduct of business and affairs of the Council.

The Temporary Deputy Chairman (Hon. Patrick Mariru): Order, Members! Even the Chair should vote. Hon. Members, I will put the Question again.

(Question that the word to be inserted be inserted, put and agreed to) New Schedule

Hon. Temporary Deputy Chairman, I beg to move that:

THAT, the Bill be amended by inserting the following new Schedule immediately before the Schedule—

Hon. Temporary Deputy Chairman, I beg to move that:

THAT, Clause 2 of the Bill be amended—

and substituting therefor the words “from end users and consumers”;

following new definition—

“waste” means—

be discarded or disposed of by its holder, whether or not it can be reused, recycled or recovered and include municipal waste, domestic waste, waste from agriculture, construction waste, commercial waste, waste from horticulture, aquaculture and forestry, medical waste, chemical waste, hazardous waste, toxic waste, industrial waste, pesticides, e-waste and toxic substances but does not include radioactive waste;

the Cabinet Secretary in consultation with the Authority by notice in the Gazette,

Provided that waste or a portion of waste specified in paragraphs (a) and (b) shall cease to be waste—

Authority or, after such approval, it has been reused, recycled or recovered;

(ii) where approval for reuse, recycling or recovery is not required, it has been reused, recycled or recovered; or

(iii) where the Cabinet Secretary in consultation with the Authority has, by notice in the Gazette and in the prescribed manner, excluded any waste stream or portion of any waste stream from the definition of waste;

prescribed by regulations” immediately after the word “waste” appearing in paragraph (a); and

waste resulting from electrical and electronic equipment, including components and sub- assemblies thereof;

No.8 of

Management and Co-ordination Act,1999; “non-organic waste” means dry recyclable and non- recyclable materials; “organic waste” means compostable materials derived from plants and animals; “producer” means an entity that introduces goods, products and packaging into the country using authorised means by manufacturing, importing, converting, filling, refilling, repackaging or rebranding; “waste hierarchy” means the order of priority for efficient use of resources and minimisation of pollution by avoidance, reduction, reuse, repair, refurbishment, recycling, recovery and finally treatment for safe disposal; “waste service providers” includes collectors, transporters, waste processors, material recovery operators, recyclers and landfill operators.”

This amendment provides clarity in the definitions and introduces key definitions that have been omitted, for example, waste service providers responsibility, public entity, recycle and sustainable waste management. Those are the clear definitions that are being proposed in the Bill.

(Question of the amendment proposed)

(Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Question, that the words to be inserted be inserted, put and agreed to)

Hon. Temporary Deputy Chairman, I beg to move that:

THAT, the Long Title to the Bill be amended by deleting the word “health” and substituting therefor the word “healthy”.

This amendment is purely for correcting the errors.

The Temporary Deputy Chairman

: Hon. Members, we are done with this Bill. So, we ask the Mover to report.

Hon. Temporary Deputy Chairman, I beg to move that the Committee do report to the House its consideration of the Sustainable Waste Management Bill (National Assembly Bill No. 22 of 2021) and its approval thereof with amendments.

in the Chair]

Hon. Temporary Deputy Speaker, I beg to report that the Committee of the Whole House has considered the Sustainable Waste Management Bill (National Assembly Bill No. 22 of 2021) and approved the same with amendments.

The Temporary Deputy Speaker

: Mover?

Hon. Temporary Deputy Speaker, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Sophia Abdi to second the Motion for Agreement with the Report of the Committee of the Whole House.

I second.

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

The Temporary Deputy Speaker

: What is it, Hon. Sankok?

Thank you very much, Hon. Temporary Deputy Speaker. Looking at the House, we are not properly constituted. We do not have quorum.

The Temporary Deputy Speaker

: Hon. Sankok has rightfully stood in his place and pointed the eye of the Speaker that we do not have quorum. I, therefore, direct that the Quorum Bell be rang for the next ten minutes.

(The Temporary Deputy Speaker

(The Temporary Deputy Speaker

The Temporary Deputy Speaker

: Order, Members! We clearly do not have the numbers.