Tuesday, 30th April 2019

We may begin the business. Hon. Members, I will issue a Communication relating to the business appearing as Order No. 9 at the appropriate time.

Leader of the Majority Party.

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

Legal Notice No. 24 of 2019 relating to the Public Finance Management

Regulations, 2019 and the Explanatory Memorandum from the National Treasury to be referred to the Committee on Delegated Legislation.

Legal Notice No. 23 of 2019 relating to the Air Passenger Service Charge Act (Apportionment) Order, 2018 and the Explanatory Memorandum from the National Treasury to be referred to the Committee on Delegated Legislation.

The 2019/2020 Financial Year Programme-based Budget of the National Government of Kenya for the year ending 30th June 2020.

The 2019/2020 Financial Year Estimates of Revenue, Grants and Loans of the Government of Kenya for the year ending 30th June 2020.

The 2019/2020 Financial Year Estimates of Recurrent Expenditure of the Government of Kenya for the year ending 30th June 2020, Volumes I and II.

The Budget Summary for the Fiscal Year 2019/2020 and the supporting information from the National Treasury.

The 2019/2020 Financial Year List of Projects of the National Government of Kenya for the year ending 30th June 2020 from the National Treasury.

The 2019/2020 Financial Year Annex of Estimates of Revenue and Expenditure for State Corporations of the Government of Kenya for the Financial Year ending 30th June 2020 from the National Treasury.

The Financial Estimates for the Parliamentary Service Commission for the Financial Year 2019/2020.

The Estimates of Revenue and Expenditure from the Equalisation Fund for the Financial Year 2019/2020.

A certified version of this Report Reports of the Auditor-General on the Financial Statements in respect of the following institutions for the year ended 30th June 2018 and the certificates therein:

Are those Estimates of Development Expenditure of the Government of Kenya Volumes I, II, and III?

Chair of the Departmental Committee on Lands.

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

The Report of the Departmental Committee on Lands on its consideration of a petition by the residents of Embakasi West Constituency regarding non-issuance of title deeds to the area residents.

Thank you, Hon. Speaker.

Chair of the Public Investments Committee (PIC) .

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

The Report of Public Investments Committee on the inquiry into procurement and implementation of the excisable goods management system for printing, supply and delivery of security revenue stamps complete with track and trace system and an integrated production accounting system by the Kenya Revenue Authority (KRA) .

Next Order.

Hon. Charles Kanyi Njagua, do not raise your hand. You know what to do. Hon. Charles Njagua Kanyi, place your request card. Where is your request card? You cannot just stand in your place like that. Did you carry your card? Proceed.

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

Do you want to give Motion to the following Motion?

Hon. Charles Njagua (Starehe, JP) Sorry,

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annually with only approximately 70,000 being absorbed into the formal labour force market; concerned that the high rate of unemployment in Kenya particularly among the youth remains a major challenge; recognising that Article 55 of the Constitution requires the State to take measures to ensure that the youth gain access to relevant education, training and employment; noting that the mandatory retirement age for public servants is set at 60 years, this House urges the Government to review the mandatory retirement age in the Public Service from the current 60 years to 50 years to, among other things, create opportunities for the employment of the youth of this nation. Thank you, Hon. Speaker.

Member for Kirinyaga Central.

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

THAT, aware that according to available data from the country’s education sector, a huge percentage of students who sit for Kenya Certificate of Secondary Education do not transition to university to pursue degree courses; further aware that technical skills and knowledge are fundamental in every profession; concerned that despite the importance of technical and vocational training in teaching necessary skills and building adequate human capital to achieve and sustain the country and its uptake is slow; cognisant that promotion of technical and vocational education and skills alongside academics provides a mix of professionals and skills that the economy requires to create balanced manpower requirements; recognising that Article 55 of the Constitution requires the State to take measures to ensure youths access relevant education and training; appreciating the Government’s policy of achieving 100 per cent of pupils from primary to secondary schools which has seen a huge increase in enrolment in secondary schools; this House resolves that the Government puts in place policy measures to ensure 100 per cent transition from secondary to tertiary education. Thank you, Hon. Speaker.

There is something that is exciting Nominee 001. He is frantically hopping from his usual place to the Leader of the Majority Party’s place in an excited manner. I may not know what is exciting Hon. Sankok.

Chair, Public Investments Committee.

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

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THAT, this House adopts the Reports of the Public Investments

Next Order.

The first Question is by the Member for Githunguri, Hon. Mukuha Kago.

Question No.209/2019

Hon. Speaker, I rise to ask Question 209/2019 to the Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development.

The Question will be responded to before the Departmental Committee on Transport, Public Works and Housing.

The next Question is by the Member for Kaloleni, Hon. Katana Paul. Question No.210/2019

Hon. Speaker, I rise to ask Question No.210/2019 directed to the Cabinet Secretary for Agriculture, Livestock, Fisheries and Irrigation.

The Question will be responded to before the Departmental Committee on Agriculture and Livestock.

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The next Question is by the Member for Bumula, Mwambu Mabonga. Question No.212/2019

Hon. Speaker, I rise to ask Question No.212/2019 to the Cabinet Secretary for Interior and Coordination of National Government.

The Question will be responded to before the Departmental Committee on Administration and National Security.

Next is the Question by the Member for Lugari. Question No.214/2019

Hon. Speaker, my Question is to the Cabinet Secretary for National Treasury and Planning.

The Question will be responded to before the Departmental Committee on Finance and Planning.

The next Question is by the Members for Bonchari, Hon. John Oroo Oyioka. Question No.215/2019

Hon. Speaker, I rise to ask Question No.215/2019 directed to the Cabinet Secretary for Lands and Physical Planning.

The Question will be responded to before the Departmental Committee on Lands.

The last Question is by the Member for Moyale, Hon. Qalicha Gufu Wario. Question No. 216/ 2019

Thank you, Hon. Speaker. I rise to ask Question No. 216 of 2019 to the Cabinet Secretary for Education.

Question to be responded to before the Departmental Committee on Education and Research.

Order, Hon. Members. As you all may be aware, the Second National Assembly Leadership Retreat took place last week between 25th and 28th of April 2019 at the Sarova Whitesands Beach Resort & Spa in Mombasa. The retreat was part of a continuing tradition by the leadership of this House to hold leadership retreats aimed at taking stock of progress made in the various legislative sectors while setting the agenda and preparing the House for upcoming business.

The retreat under the theme “Consolidating Synergy and Safeguarding the gains for the Welfare of Society” came at an opportune time following the commencement of the Third Session of this Parliament and right in the middle of the Budget cycle. It also provided an avenue for the House Leadership to interact, share experiences and chart a way forward that will guide the business of the House during this Session. It also provided an opportunity for Chairpersons and Vice-Chairpersons of Committees to share their experiences on the legislative processes currently in place, including the management of Parliamentary Questions and Petitions.

The participants in the retreat included presiding officers, Leaders of the Majority and Minority parties and their deputies, Commissioners of the Parliamentary Service Commission (PSC) , Whips of the Majority and Minority parties and their deputies, Chairpersons and Vice Chairpersons of all committees, Members of the House Business Committee and a section of the membership of the Procedure and House Rules Committee, journalists who cover parliamentary proceedings as well as senior parliamentary staff.

The retreat benefitted from the presentations and experiences of a cross-section of leaders, members of the Executive, representatives of the private sector, experts and resource persons from the National Treasury, Ministry of Interior and Coordination of National

A certified version of this Report Government, Kenya Institute of Public Policy Research and Analysis (KIPPRA), Kenya National Bureau of Statistics (KNBS), representatives of security agencies and the leadership of the Parliamentary Service Commission.

Hon. Members, the conference discussed various topics including on the Big Four Agenda, Blue Economy and National Security; Governance and National Security in the 21st Century; Population Statistics and issues for National Planning, including key national demographics, what the statistics and projections portend for the future, implications on the national planning, state of preparedness and the role of Parliament in fulfilling legislative and budgetary interventions to mitigate the challenges; and, a discussion on tools for effective oversight and Public Petition including taking stock of the new procedure for Questions and Public Petitions and receiving feedback from Committee Chairpersons on the effectiveness of the new procedure for Questions, and the Petitions to Parliament, laws, rules and procedure and identifying areas for improvement.

Hon. Members, the conference also discussed the very important subject of public debt, implications to the economy and budget financing measures, what were the key drivers to the rise in public debt, the question of sustainability and medium term debt strategies to be put in place, the formal debt versus the informal debt, and the rising pending bills at the national and at the county levels and whether there was room for borrowing by counties.

The retreat also discussed the approval of the budget estimates and revenue raising measures, the interest rate capping, the place of Provisional Collection of Taxes and Duties Act (CAP 415) on taxation measures, and the timelines for presentation and passage of the Finance Bills. The issue of delayed payments to suppliers and the implication to the veracity of money, economic growth and industrialisation, was extensively discussed.

The Parliamentary Service Commission committed to continue providing and improving services and facilities for efficient and effective functioning of the National Assembly.

At the conclusion of the Leadership Retreat, it adopted a raft of resolutions including a proposal to broadcast Committee proceedings when Cabinet Secretaries are answering parliamentary Questions so that the public is able to understand pronouncements made on key public policy issues. It was also resolved that Committees adhere to their mandates to avoid duplication of roles and proposing different recommendations when undertaking inquiries on similar issues. Committees should also ensure that public participation is well documented in their reports to cushion the House from unnecessary and, at times, uncalled for judicial challenge. It was also agreed that Committee leadership should follow established practice of giving adequate notice to witnesses of, at least, seven days before they appear before the committees. The workshop also resolved to prioritise training of Vice-Chairpersons of committees.

Hon. Members, in the interest of deepening bicameral comity between the Houses of Parliament, the House will ensure improved consultation and cooperation between the National Assembly and the Senate to build synergy during the legislative process and limit duplication of efforts and to reduce the chances for resorting to mediation.

On the very important issue of security for Members, it was agreed that, in consultation with my office, the National Police Service will consider a phased-out withdrawal and replacement of security attached to Members of Parliament whenever there is need to undertake such an exercise. To safeguard the security of Members, the National Police Service should exercise good discretion when dealing with security matters affecting Members and arbitrary withdrawal of security should never be applied. The National Assembly will, through its

A certified version of this Report committees, invite the relevant security agencies to offer training and sensitisation awareness to Members of Parliament on matters security.

Hon. Members, the resolutions reached at the retreat will be contained in a report to be presented to the House at a later time.

I thank you. Next Order.

Hon. Members, debate on this Motion was concluded on Thursday. What remained was for the Question to be put, which I hereby do.

Hon. Members, before we go to the next Order, I have this Communication which I need to make. The next Order is the Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bill No. 13 of 2018) . I wish to first guide that, after consultations and because of some proposed amendments by some Members to the first Bill which is the Kenya Accreditation Service Bill (National Assembly Bill No. 17 of 2018) , it has been resolved that, that Order or Bill be taken out of the Order Paper today so that their proposed amendments can be incorporated so that when the Bill is being considered in Committee, Members are in appreciation of what it is that other Members are proposing.

For that reason, the Communication relates only to the second Bill; the Statute Law (Miscellaneous Amendments) (No. 2) Bill.

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

The Temporary Deputy Chairman

: What is your point of order, Leader of the Majority Party?

Hon. Temporary Deputy Chairlady, we have a Supplementary Order Paper. The Committee of the whole House was supposed to start with the Kenya Accreditation Service Bill, unless the Speaker has rearranged the Orders.

You are not the Speaker. I want to hear from the Chair.

The Temporary Deputy Chairman

: The Leader of the Majority Party, indeed, the Orders were rearranged. So, we will proceed as follows: We will start with the Betting, Lotteries and Gaming Act, and then flow in that order.

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There are amendments by the Chairperson of the Committee, Hon. Munyaka and Hon. Millie Odhiambo on this. We will start with the Chairman’s amendment. Hon. Munyaka, you have the Floor.

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

THAT, the Bill be amended in the Schedule in the proposed amendments to the Betting and Lotteries and Gaming Act Cap. 131—

Thank you, Hon. Temporary Deputy Chairman, I am requesting - even though we are dealing with paperless parliament - that you give us, if it is okay, the electronic pages that you are referring from, so that we are able to follow. We are dealing with many pieces of legislation and some have been withdrawn. Therefore, to enable us to effectively follow, can we know the electronic page we are at?

The Temporary Deputy Chairman

: That is well taken. For us to follow and move slowly, we are dealing with Section 2 of the Betting, Lotteries and Gaming Act, Cap. 131. I shall tell you, in a minute, the page so that we move together. I am sure Members have today’s Order Paper. Hon. Members, I hope you remember that the Order Paper is online now. It is important that you get it so that you can follow.

Hon. Makali Mulu, you are on intervention. What is it?

Thank you, Hon. Temporary Deputy Chairman.

The Temporary Deputy Chairman

: Hold on, Hon. Cecily Mbarire. Let us first hear from Hon. Makali Mulu then we will come to you. Hon Makali Mulu, the Floor is yours.

Thank you, Hon. Temporary Deputy Chairman. My request is this: I know Dr. Munyaka has moved his amendment. However, it will be fair if he gives the justification for the deletion so that we can follow the debate.

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The Temporary Deputy Chairman (Hon. Patrick Mariru): Very well. That is a fair point. Let us deal with specificity. Hon. Makali Mulu, your request is on point.

Yes, Hon. Cecily Mbarire.

Thank you, Hon. Temporary Deputy Speaker. We have a challenge. Our systems are not working. I cannot log in. I am not alone. We are several of us. Quite a number of Members cannot log in. I do not know why. The Clerk’s Office can be asked to call the Information and Communication Technology (ICT) people here.

The Temporary Deputy Chairman

: Very well. That is a critical issue, Hon. Cecily Mbarire. Members must be able to log in. That is a fair request. Please, give us a few minutes to sort that out so that Members can log in.

Hon. Munyaka, before you speak – and I know you have a fundamental issue - Members must go online to access the Order Paper. That is being sorted now. So, freeze for a few minutes.

took the Chair] The Temporary Deputy Chairman

: Order Members, for purposes of proceeding now, Members may key in using “ICT” as the username, and “1234” as the password.

Are we on the same page now? Can I allow a minute so that everyone acclimatises with that page?

We are now good. The Temporary Deputy Chairman

: Hon. Makali, you found it? Hon. Victor Munyaka, you were on your feet have you found it?

Yes. The Temporary Deputy Chairman

: Hon. Munyaka, you can proceed, you were on your feet moving the proposed amendment to Section 2 of the Betting, Lotteries and Gaming Act.

The import of the amendment is just to change the definition of the Cabinet Secretary in the new order, to replace the word “Minister”. I therefore propose that the amendment be carried as per the Order Paper.

(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

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be inserted, put and agreed to) (Section 2 as amended agreed to) The Temporary Deputy Chairman (Hon. Christopher Omulele): Hon. Millie, you had an amendment on this. The import of the amendment by the Chair being carried is that your falls.

Hon. (Ms.) Odhiambo – Mabona (Suba North, ODM): Thank you, Hon. Temporary Deputy Chairman. Since mine was a proposed amendment to the Schedule, if his is also a proposed amendment to the Schedule, I have no problem because it is the same thing.

(Proposed amendment by Hon. (Ms.) Odhiambo - Mabona dropped) Provisions relating to the Betting, Lotteries and Gaming Act, Cap. 131, Section 3 (2A)

Hon. Temporary Deputy Chairman, I beg to move:

THAT, the Bill be amended in the Schedule in the proposed amendments to the Betting, Lotteries and Gaming Act Cap. 131—

Hon. Temporary Deputy Chair, this Bill is mine. If you look at Section 3 (2A) , it says: “insert the words “for one further term at the end thereof”. You cannot tell us of a Bill that will come from the Committee; we are dealing with this particular Bill. The Chair must give us very good reasons why he is deleting Section 3 (2A) .

As I had indicated, we looked at the proposed amendments and we also looked at the existing Act. That particular Act is archaic because it is an Act of 1966 and we needed to repeal it. If we amend one particular section, we will have left a lot of inconsistencies in the remaining clauses.

So, we decided to delete most of the proposed amendments so that we may not leave inconsistencies and ambiguities in the remaining Act. That is one of the reasons because it is going to be addressed in the repealed Act.

The Temporary Deputy Chairman

: Very well, Hon. Washiali.

Thank you, Hon. Temporary Deputy Chairman. This debate is live on television and the public is watching us. With much respect to the Chair of the Departmental Committee on Sports, Culture and Tourism, I think he needs to help us and the public who are watching by giving a bit of a background on whatever amendments he is making so that the public and Members who may not have had the advantage

A certified version of this Report of looking at this Bill come along with him. Just claiming that this one was an old and archaic Bill does not help. We are not amending all archaic Bills here as long as they are still useful to this country.

Therefore, if the Chair does not have enough information now, he can request his colleagues who are in the same Committee to help him give us background information on why they are deleting this clause.

I thank you, Hon. Temporary Deputy Chairman.

On a point of order. The Temporary Deputy Chairman

: Hon. Wamalwa, what is out of order?

Thank you, Hon. Temporary Deputy Chairman. With due respect to my friend Hon. (Dr.) Munyaka, we know that it is at the Committee of the whole House where we look at the Bill in details including grammar. What Hon. Duale said is procedural.

In this Bill, you are amending by deleting Section 3 (2A) . First, you must specify what it is you are deleting. You are talking of inconsistencies. So you must show specifically how it is inconsistent with the current law. That logical flow is not there. We cannot generalise and that is why we are going clause by clause. This is my humble recourse, Hon. Munyaka, who is doing his third term and knows the procedure very well. He needs to tell us specifics of that Section 3 (2A) and tell us we are deleting it because of inconsistency. You must demonstrate the import. That aspect is lacking.

The Temporary Deputy Chairman

: Very well, Hon. Wamalwa and the Leader of the Majority Party you are right. Hon. Victor Munyaka, this is the property of the House and you must give them reason why you want to delete. I will give you another go at it.

Hon. Chair, I seek your indulgence because I was not aware of this Supplementary Order Paper. I remember we tabled a report on all these proposed amendments eight months ago. Right now I cannot remember them off head. I can seek your indulgence to access the report so that I know the basis of our deletion. Members particularly are aware that we have been ambushed by this Supplementary Order Paper. I was not aware of it.

The Temporary Deputy Chairman

: Hon. Chair, you are putting me in an awkward position because the matter is live before the House.

Just hold on Hon. Member No. 001. It is good to advise the Chair properly. We shall proceed but the only recourse you may have is to re-commit so that you may have another bite at it in the procedure of re-committal. However, at the moment we shall have to proceed as it is because the House must decide one way or the other. It is a matter that is live before the House. Even the re-committal itself will have to be subject to the House agreeing with it. So, you are caught between the devil and the deep blue sea. We will have to proceed.

Hon. Makali, what is biting you?

Thank you, Hon. Temporary Deputy Chairman. We need your guidance on this matter. Listening to Hon. (Dr.) Munyaka, he is saying that as a Committee they had put forward a comprehensive review of this Act of 1966. The Leader of the Majority Party is amending the same Act. So, according to Hon. Munyaka, it will not make sense to move on with these mysterious amendments because it is being

A certified version of this Report comprehensive and so you need to guide us. Do we move with the comprehensive review or we just do piecemeal?

The Temporary Deputy Chairman (Hon. Christopher Omulele): Hon. Makali, you are opening up a debate that is not available now. The House cannot anticipate what the Committee is going to do. The House is at the moment seized of the matter and is live to the present Statute Law (Miscellaneous Amendments) Bill which is before it and it must deal with it one way or the other. So, we shall proceed.

(Question of the amendment proposed) I see interest from Hon. Cecil Mbarire.

(Question, that the words to be left out be left out, put and negatived) (Section 3(2A) agreed to) What is out of order, Hon. Washiali?

Hon. Temporary Deputy Chairman, I think you must have heard what the Chairman said. They made a report almost eight months ago and as we debate these amendments, he may not be in the picture of what formed the basis of these amendments. Given that there are other deletions after this one, you need to guide us on how we need to proceed because there will be no point of asking the Chair to move amendments or deletions that he may not be remember. So, I was going to propose that in consultation with the Chair, if he can accept the entire amendment up to “S” so that we can…

On a point of order. The Temporary Deputy Chairman

: Hon. T.J. what is out of order?

On a point of order, Hon. Temporary Deputy Chairman. Let me ask through you if we have the Departmental Committee on Sports, Culture and Tourism on these amendments. If we do, it will show exactly what the Committee agreed instead of relying on what the Chairman is saying. We should have a Report before us so that we can read through it and know exactly where the Committee is coming from because this will help.

The other way would be to go through the painful selection of each of these amendments where all these issues will be raised but this will take a long time. If we are seized of that Report,

A certified version of this Report then we do not have to bother the Chair because we will see for ourselves exactly where the Committee is coming in.

The Temporary Deputy Chairman (Hon. Christopher Omulele): Hon. Kajwang’ I am advised that the Report was laid on the Table of the House sometimes back. So, the House is seized of that Report. But, let us hear the Chair of the Departmental Committee on Sports, Culture and Tourism. Hon. Victor before you speak, I want to advise… Hon. Wamalwa, when I am giving advice I cannot be out of order. You will have to wait.

I am just advising the other Chairs that you can see the difficulty we are having with this. So, they should prepare themselves adequately so that when we gain momentum we move without stopping. Hon. Victor!

Thank you, Hon. Temporary Deputy Chairman. Hon. Members, you will understand that from the beginning there was confusion with the Order Paper because we did not have knowledge about the Supplementary Order Paper. The Report on these amendments was tabled around eight months ago and I cannot remember each section off head without the Report. But, the Committee is in the terminal stages of coming up with the repealed Bill. I do not mind dropping all these amendments so that we can make progress. The Bill, which is coming before this House will take precedence. So, I move to drop all the amendments.

The Temporary Deputy Speaker

: We will give the first opportunity on the proposal to drop all the amendments to the Leader of the Majority Party who is the owner of the Bill in contention now.

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

The Temporary Deputy Chairman

: The Leader of the Majority Party just hold on. Hon. Nyikal what is out of order?

On a point of order, Hon. Temporary Deputy Chairman. I see something which will be with us the whole afternoon. In as much as we may say somebody did not do the right thing, the fact is we are making a law. The Chair has said he went through this a long time ago and cannot remember.

I can tell you this is combined with the fact that we are getting into a new medium of operation with the machines. I saw it coming because many people are not aware of the miscellaneous amendments in the Order Paper. We will pass them yet, the Chair is saying he does not remember. In my mind, it may be important to look through these miscellaneous amendments. We will waste time, if we do not do so this afternoon. But, we need to get a proper law which the Committee, the Chair and everybody understands. This is much more important than the laws of a single day. This is because I am seeing this coming from all other Committees which will follow.

In my mind, we should say in a situation where a Chair feels he is not conversant, cannot remember or has not reviewed the amendments because they came a long time ago, we should find a procedure of by-passing and looking at them later because it is the basic principle and problem.

The Temporary Deputy Chairman

: Hon. Nyikal, what you are saying is similar to what most Members are saying. I will give the opportunity to the Leader of the Majority Party.

Hon. Temporary Deputy Chairman, you know we will look very bad in the eyes of the public by saying we are not prepared. We are

A certified version of this Report doing the Committee of the whole House and a Chair or any Member who has an amendment must convince us because it is the procedure. You must convince all the Members here to either agree with you or reject an amendment.

What usually happens with Chairs and I is we should carry a matrix. I have told Hon. Munyaka this is not about the Report, his legal officer must prepare a matrix for justification of the amendments. You know if your son goes to school and fails then tells you I did not read, that is not an excuse. I think what the Chair is saying, is that he has a Bill which I even traced and is at the Government Printer. If he cannot explain then he should withdraw and bring amendments in his major Bill so that we can move forward.

You know, Hon. Nyikal is making a generalisation that Chairs are not prepared. If you are not prepared yet you have the Supplementary Order Paper, the rest of us with amendments must convince Members. So, because the Chair of the Departmental Committee on Sports, Culture and Tourism is not prepared, we cannot judge all the other Members who are seated here. In the Fisheries Act, I want to introduce oceans and I have my reasons. So, I will convince the House and if it agrees with me, then that amendment will not be dropped. So, we need to move because we have business.

The Temporary Deputy Chairman (Hon. Christopher Omulele): Hon. Jude Njomo

Thank you, Hon. Temporary Deputy Chairman. This is a very important Bill on Betting and Gaming. If you look at what is going on in the country, betting has become very serious. People have become addicted to gaming and betting. We should not take this lightly. I support what the Chair of the Committee has said, that this Bill should be looked into a fresh.

It should be addressed as a whole so that we can ensure we capture all the areas. It does not sound well when he says he cannot remember anything. He needs to remember because he is the Chairman. But, as a Parliament, we must also decide on some very important aspects of gaming that are happening in our country. Companies are coming from out there and getting money from the public which they do not spend here but take it out of the country. We need to regulate this industry so that it benefits our country, people and investors.

Thank you, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman

: The Hon. T. J.

Hon. Temporary Deputy Chairman, just put your head to this if you do not mind. It can be very dangerous, if we allowed Chairmen to withdraw amendments in this House. This is not a Private Member’s amendment. If it were, then it could be withdrawn by the person holding it.

consulted with the Clerks-at-the-Table) Hon. Chairman, I am making a point here. There has been precedent in the House which has been followed that whereas an ordinary Member may have the right to withdraw his amendments, a Chair is in a different position. This is because the legislative proposal has gone through public participation and Members of the Committee have taken part in it. So, this will be very dangerous in my view.

A certified version of this Report No, I am still on my feet. So, it will be very dangerous to suggest that the Chair cannot prosecute this. So, we just have to pronounce ourselves and make a decision as the House and vote, but to allow a Chair to withdraw would be terrible particularly with what Hon. Jomo has just said. If we were to be seen that we withdrew important things before the Assembly, it would be terrible. We just have to express ourselves by voting one way or the other.

The Temporary Deputy Chairman (Hon. Christopher Omulele): Hon. T.J., if you remember, I had expressed myself exactly in those terms. Nominally, the Bill belongs to the Chair but it belongs to the House. This is a public interest Bill. It is not his personal Bill. Hon. Wamalwa, what is out of order. What is eating you?

Hon. Temporary Deputy Chairman, this Floor has veto powers. I agree with my colleagues who have said we should allow this to be withdrawn. Hon. (Dr.) Munyaka has been very sincere and honest. This Report was tabled a long time ago and he is a human being. He has forgotten. My suggestion is: Can we move to other clauses where other Members are prepared and then we will come back? Maybe at that time, Hon. Munyaka would have gone quickly to look at the report and then he will be in a better position so that we move. It is important for anyone bringing amendments to explain so that Members can make a decision from an informed perspective. However, for me, Hon. (Dr.) Munyaka has been sincere and honest. So, let us move to other colleagues who are ready with their amendments and then we will revisit this later.

Thank you. The Temporary Deputy Chairman

: There is nothing absolutely out of order now. Hon. Wamalwa, what you have spoken to is correct. Hon. Munyaka is also right because the report on these amendments was tabled before this House on 3rd July

Hon. Temporary Deputy Chairman, as you are saying, there is really nothing out of order. I just want to support what Hon. Nyikal was saying. It is not just Hon. Munyaka as Chair of the Departmental Committee on Sports, Culture and Tourism. You will see there are also very many amendments that relate to other committees, specifically the Departmental Committee on Health where Hon. (Prof.) Nyikal sits and the Chair is not even here. I have just take a glimpse of the House this afternoon and looked at the Order Paper and the number of amendments that are there in this Bill and the sponsors of those amendments are not in the House. Maybe it is because of the issues that Hon. Munyaka has spoken about. I was really asking if the owner of this Bill, who is the Leader of the Majority Party, would consider withdrawing it at this particular time and give Members, including Chairs of committees, adequate time so that even those Members who are not here… For instance, I have seen there are very many amendments that relate to the Public Procurement Act and the sponsors of those amendments are contractors themselves. I would really have been interested to hear the justification of why people who are contractors are bringing amendments relating to the Public Procurement Act. We will lose that opportunity should we not have those Members here.

The Temporary Deputy Chairman

: Hon. Ichung’wah, you were doing very well until you jumped the gun. Let us have Hon. Sankok.

Thank you, Hon. Temporary Deputy Chairman.

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The Temporary Deputy Chairman (Hon. Christopher Omulele): Hon. Sankok, there is a point of order by the Leader of the Majority Party. Hon. Sankok, hold your horses. Let us hear this point of order.

Hon. Temporary Deputy Chairman, before I do what I am supposed to do, let me first go on record. I said we look very bad. You cannot give an excuse to a Chair and a Vice-Chair of a committee who have amendments on the Order Paper and they are not here. Hon. T.J. Kajwang’ is a Member of Parliament. He is here. So, those who are giving excuse to Chairs and Vice-Chairs, you do not control the calendar of the House. The calendar of the House and the business is from the House Business Committee (HBC) . I will do this for the last time.

Hon. Temporary Deputy Chairman, I beg to move that the Committee doth report to the House its consideration of the Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bill No. 13 of 2018) up to Clause 3 (2A) of the provisions relating to the Betting, Lotteries and Gaming Act Cap. 131 and its approval thereof with amendments and seek leave to sit again.

This is the last time. The Temporary Deputy Chairman

: Order, Hon. Members! Hon. Sankok, there is nothing out of order. The Leader of the Majority Party was on a point of order. So, there is no way you can interrupt him when he is on a point order. You were on the Floor but he was on a point of order. The rules are clear. When he is on a point of order, he finishes what he is saying. Hon. Sankok, you may have to refresh your mind on the Standing Orders. Hon. Members, allow me then to put the Question.

Order, Hon. Members! Let us have the Chairperson. Order, Hon. Ichung’wah! Order, Hon. Members! Please allow the Chairperson to proceed.

Hon. Deputy Speaker, I beg to report that that the Committee of the whole House has considered the Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bill No. 13 of 2018) up to Clause 3 (2A) of the provisions relating to the Betting, Lotteries and Gaming Act Cap. 131 and approved the same with amendments and seek leave to sit again.

Let us have the Mover to move agreement with the report.

Hon. Deputy Speaker, I beg to move that the House doth agree with the Committee in the said Report. I request Hon. Cecily Mbarire to second the motion for agreement with the report of the Committee of the whole House.

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What is it, Hon. Sankok?

Hon. Deputy Speaker, as much as we agree with our Leader of the Majority Party, next time if the Chairpersons are not prepared, all of us should not be punished because of people who give excuses. Excuses are justification of failures. The whole House cannot fail simply because you did not read the Report and some of us came here prepared to tackle the Bill. So, next time let them be prepared.

Thank you, Hon. Deputy Speaker.

I do not consider that it is a punishment on your part but in any case, in the absence of punishing the whole House as you want to put it, who do you propose we punish and how? I am willing to listen to you, Hon. Sankok. I am trying to see. You end up getting punished but sometimes they are things which are beyond anybody’s control. Let me here the leader and then I see the lady from Suba North.

Hon. Deputy Speaker, you have seen my very good friend, the Chair of the Departmental Committee on Health, majestically walking in one hour after business has started and she has amendments. I do not see the Chair of the Departmental Committee on Agriculture and Livestock and many other Chairs. Luckily enough, you are the Chair of the Liaison Committee. That should be a top agenda of our next meeting. The business of this House is set by the House Business Committee. It is on the Order Paper 24 hours before the House sits.

Whether you tabled a report one year or five years ago, when we come to the Committee of the whole House, anybody who has an amendment including myself, must come and explain. All these Members want to contribute to the Statue Law (Miscellaneous Amendments) Bill. Does it mean that just because the Chairs of the Budget and Appropriations Committee or the Departmental Committee on Finance and National Planning are not around, we cannot transact business? Each time I am not around as the Leader of the Majority Party, how will Parliament transact its business? There are Bills that I have to move for Second Reading. I want you to give a warning. There are some Chairs who are around such as Hon. Limo, Hon. Ichung’wah, I and the Chair of the Departmental Committee on Education and Research. Hon. Sabina is a very active Member but I do not where her Vice-Chair, the Indian man, Hon. Mishra, is. Hon. Mishra is nowhere to be seen. I have said Hon. Mishra, the Indian. You can describe him. There are people who do not know who Mishra is.

When you talk about the Indian, you make him an Indian yet this is a Member of Kesses Constituency, a Kenyan by naturalisation.

The Hon. Indian Mishra who has been nicknamed Hon. Kiprop by the Kalenjin community. I come from the Luhya community. The Chair of the National Cohesion and Equal Opportunity Committee is here. There are many Members who are here. Let us not play around with the time of the National Assembly. Our time is very critical. I have indulged you and withdrawn the Bill. I have asked for deferment of the Bill. We will bring this matter first thing on Thursday.

Hon. Kuria. First, let us have the Hon. Member for Suba North.

Thank you, Hon. Deputy Speaker. I want to raise a slightly different issue. The confusion that we are seeing in the House today is testimony of an issue we have raised that is of concern. The number of Bills that have

A certified version of this Report been brought in this Statute Law (Miscellaneous Amendments) Bill are very many. I have gone through almost all the Bills except the one that should be of the greatest concern - the Fisheries Management Act. We are not doing justice as Members of Parliament. There are Members who are in the Departmental Committee on Agriculture and Livestock who will focus on agriculture and they are confused over one Bill, what about those of us who are focusing on all the Bills?

The House leadership must also direct the Executive and force it to follow the law. Some of my proposed amendments are touching on the fact that these laws are unlawful. I do not even go to the substance because they are touching on substantive issues that should not be dealt with by the Statute Law (Miscellaneous Amendments). I am amazed when I hear Hon. Sankok say that people should be punished. Some of us are already punished because I sat and spent days coming up with amendments to these Bills and suddenly they have all being withdrawn. They are being withdrawn in such a haphazard manner that you do not know which one we are operating with or…

I do not know whether that particular statement is factual.

It is, Hon. Deputy Speaker.

When you say the Bill is being withdrawn, that is not the position. When you withdraw, it means you are removing it completely. This is a situation where it has been deferred to Thursday.

Hon. Deputy Speaker, can I clarify? I am not speaking to what the Leader of the Majority Party has said now. I am speaking to what the substantive Speaker did earlier. Several of the Bills have been withdrawn. The amendments I brought to the House were over 40 pages. After I have done all that work, there will come a point where I will sue Parliament to pay me for my time which I could use to serve the people of Suba North. You cannot make us do so much work.

You probably will not succeed in suing Parliament.

Even if I do not succeed but from a public…

Parliament is paying you for that time that you are using courtesy of your constituency. You have raised very valid issues. Allow us to look at them. Let us leave these other issues. I hear you on that particular one.

Since there are many Members who really want to speak to this, let me give an opportunity to only three of them. Let us start with Hon. Kuria then I will come to my left to see who is interested and that will be it.

Thank you, Hon. Deputy Speaker. I echo and support the Leader of the Majority Party in matters of us being serious with the business before the House. It is true that some of the Members or Chairs of Committees may not have been ready. Let us look at it from the point of view of Members, as Hon. Millie has said, who have had to work extra hard to come up with their amendments.

If you look at my situation, for this Bill to be postponed and given my busy schedule out there as a presidential candidate, you will agree with me that were it not for my love for this country…Most of my competitors are outside this House.

I do not want you to use the Floor of the House to engage in campaigns.

In this respect, Hon. Deputy Speaker, I agree with the Leader of the Majority Party. I also request that when this matter comes up on

A certified version of this Report Thursday, we execute this business no matter the limitations of time until we are done with the business of that day. Hon. Millie Odhiambo takes matters of withdrawal very seriously.

That is enough. I agree with you totally. When I see Hon. Kuria in the House, it is not normal. He hardly finds time to sit in the House. Let me see. What is the point of order, Leader of the Majority Party?

Hon. Deputy Speaker, up to the last record of the Jubilee Party, the Member for Gatundu South is a member of our party. We have no record of him contesting against other candidates. Hon. Moses is using this Floor to preach falsehoods. He should resign from the Jubilee Party and run on that party. Up to now, he only has a Certificate of Notification because he has to collect 24,000 signatures from 24 counties which is not an easy job. There are a number of us here who might join his party if he convinces us. I am on a point of order. We are not in City Hall or counties. As of now, Hon. Moses Kuria is the MP for Gatundu South. One of his respected constituents is His Excellency the President. There is no presidential candidate in this House.

That is not convincing. Let me go to Hon. Simba Arati. He is a party leader of some sort.

Proceed. You have the microphone.

Hon. Deputy Speaker, I do not know if it is in order for you to allow the Leader of the Majority Party to entertain us with issues of a confused team in terms of the presidency. It does not matter. When Hon. Moses Kuria stands and tells us his competitors, I wonder which country he wants to compete in. Is it Kenya, Uganda or another country? Let us be realistic with what we are serious about.

You are out of order, Hon. Arati. As I come on this side, are you also on points of order? Let me give the opportunity to Hon. Lessonet and then I come this way, please.

Thank you, Hon. Deputy Speaker for giving me this opportunity to contribute. This, definitely, is a House of records. I have also heard what our colleague here, Hon. Moses Kuria, has alluded to. He is a presidential candidate. The Independent Electoral and Boundaries Commission (IEBC) has not announced any elections. We are not aware that the current President Uhuru Kenyatta, has vacated or is about to vacate office, so that Hon. Moses Kuria can contest in an election. Hon. Moses Kuria needs to stop alluding to a presidential election that all of us are not aware of.

Hon. Lessonet, there will an election in 2022. He does not need to allude to it. It is a constitutional issue. If Hon. Kuria wants to vie, he can do it. The only thing that I discourage him from doing is using the Floor of the House to campaign.

Hon. Deputy Speaker…

Order, Hon. Lessonet. You cannot speak when I am speaking. The only thing that Hon. Kuria is doing wrongly is using the Floor of the House to advance his political ambitions. In as far as him alluding to there being an election sometimes later, it is a fact. We will have an election in 2022. If he wants to vie for a gubernatorial position, presidential position or anything else, it is his constitutional right. So, let us not belabour that point. Let me give the opportunity to Hon. T.J. Kajwang’, so that I can hear what he wants to say. He wants to contribute.

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Hon. Deputy Speaker, I want to get away from that supposed presidential candidate debate. I want to go back to where we were. We were on debate on adoption of the Report for deferment of the Statute Law (Miscellaneous Amendments) Bill. I want to agree with the Leader of the Majority Party on this that we need to take up our roles very seriously.

You are very interesting lately, Hon. Kajwang’. You agree with the Leader of the Majority on virtually everything, which is a good thing for the House.

Hon. Deputy Speaker, I am in Government and I am advancing its interest.

That makes a lot of sense, Hon. T.J. Kajwang’.

Because we are speaking to you, as the Chair of the Liaison Committee, we expect you to rein in these Chairmen, including their Vice-Chairmen.

The Leader of Liaison Committee is absent in this particular discussion. The one who is seated here is the Deputy Speaker now. I have also quite a number of ways of approaching the Liaison Committee, whose Chair will obviously take quite some concern for some of these issues they are talking about. Hon. Kajwang’, when you say you are in Government, I am sure you are there in as far as the legislature is one arm of the Government among the others. In terms of the records that I possess here, you are in the Minority Party. You are in Government and I agree with you totally.

I am also glad. Hon. Deputy Speaker, I do not intend to move away from the Government. I intend to sit in it with my both bottoms.

That is noted. We will have Hon. (Dr.) Wamalwa. Let us not take too much time. I will give an opportunity to two more Members only and that will be it. They have to be brief.

Thank you, Hon. Deputy Speaker. The issue that has just happened is very unfortunate. Many a time, Members of Parliament that you see at the Committee of the whole House are very serious legislators who have gone through the Bill. You know very well that we must scrutinise every clause at this stage. The Chairs of Committees are supposed to prepare. Hon. Munyaka was very sincere and honest. The issue here is the House Business Committee (HBC) . It is also the responsibility of the HBC…

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You can see that Members are walking out. So, you will have to cut short your contribution because I have to put the Question.

Give me two seconds.

No. You have already taken too much time.

The HBC should inform a Member that his business would be on the Order Paper the following day, so that the Member prepares accordingly. The Clerks-at-the-Table should do that.

Order, Hon. Wamalwa. The numbers are about to diminish. Hon. Members, we can only put the Question when we still have the numbers, which we do.

Before we go to the next Order, Hon. Members, I wish to recognise a delegation of staff from the Parliament of Uganda who are seated in the Speaker’s Gallery. The delegation is welcome to observe the proceedings of the National Assembly.

Next Order.

I am aware the Motion was moved by Hon. Rasso and seconded. The Question was also proposed. What remains is for us to proceed with the debate. I will give the first opportunity to Hon. Njomo. Do you want to contribute to this Motion or the previous one?

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Hon. Deputy Speaker, I wanted to contribute to the previous one.

Let us not go to the previous one.

I will not go to it.

Do you want to contribute to this Motion?

I am not prepared.

Then it is okay. You are a Member of the Pan-African Parliament (PAP) . The Members who want to contribute to this Motion should place their interventions, please. If I see none, I will put the Question. I see none of the Members wants to contribute. I will ask the Mover to reply. Proceed and reply. Is there any Member who wanted to speak? Hon. Sankok, do you want to contribute to this Motion?

Yes.

You are overtaken by events. Proceed and move reporting, Hon. Rasso. Order, Hon. Sankok. Sorry, do not move reporting, but reply, please.

Thank you very much, Hon. Deputy Speaker. I beg to reply to the three reports which cover the ACP-EU Kenyan delegation to the three different conferences.

I want to draw the House’s attention to three very important areas. The first one is the Economic Partnership Agreement Post-Cotonou (EPAC) 2020. The second issue is wildlife trafficking and thirdly, cybercrime. The forth area is on women’s and children’s forum.

A certified version of this Report genital mutilation and early marriages. These are among the major concerns particularly in the developing countries.

The final issue is on weather and climate change. Climate change is a major concern that the ACP-EU is seized of. In recent time, we saw a cyclone that affected Mozambique, the coast of Tanzania and the Comoros Islands. Climatic changes that have been brought about by humans disturbing or interfering with our environment and this is a cause for concern. It is considered that if the effect of climatic change goes on unchecked, islands in the Pacific and the Atlantic are likely to disappear under the sea. The effect of failed rains or delayed rains in Kenya can be attributed to climatic changes.

With those few remarks, I beg to reply and seek deferment of putting of the Question under Standing Order No.53. Thank you, Hon. Temporary Deputy Speaker.

The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu): After replying, and guided by the procedures of the House, I am not in a position to put the Question to the Reports of the Kenyan Delegations to Sessions of the ACP-EU Joint Parliamentary Assembly. I, therefore, order that putting of the Question will be done when it will be slotted on the Order Paper.

Thank you, Hon. Temporary Deputy Speaker. This document has just arrived and it is very urgent. Hon. Mr. Speaker…

The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) :

I am sorry, Madam Temporary Deputy Speaker.

I beg to lay the following Paper on the Table of the House: Report on Select Committee on National Cohesion and Equal Opportunity on Consideration of National Cohesion and Integration (Amendment) Bill, National Assembly Bill No.12 of 2019.

Thank you. The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Next Order.

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Hon. Temporary Deputy Speaker, the Leader of the Majority Party, who is supposed to be moving this Bill, is attending a mediation session, which is equally very important and has timelines. As one of the Members of the leadership of the House, I must admit that when debate on Order No.9 could not proceed, it took us off the course as a House because it had the miscellaneous Bills which would have taken us most of the afternoon.

Therefore, even the Leader of the Majority Party, who was meant to move this Order No.11, would not have been prepared. Definitely, if we were to debate adequately Order No.9, then there was no way we could have reached this.

Therefore, as you are aware, Order No. 9 has a lot to do with the Departmental Committee on Justice and Legal Affairs. As you can see, even the Chair is not around. Therefore, I would just request that we step down this Order to another sitting day.

The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Very well. Hon. Washiali, being the leader…

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

The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Let me hear Hon. Kajwang’.

We have just dealt with an emotional subject in which the Leader of the Majority Party was, so-to-speak, struggling with his Chairpersons. As he said, they were not prepared. There is somebody called the Deputy Leader of Majority Party. How is it that business cannot be transacted in this House if Hon. Duale is not in the House? It is not possible. The Majority side of this House is telling us that business can only be transacted in this House if Duale is present here. Can you rule them to be out of order?

I know the Leader of the Majority Party is in a mediation meeting and I am also going for a mediation meeting right now. We all know our roles. We cannot have a situation in which this Parliament runs just because of one person. It cannot happen.

The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Hon. Kajwang’, the leadership has requested that we stand down Order No.11. He explained that they did anticipate to have dealt with the Committee of the whole House which ideally is supposed to have taken longer than now. Hon. Members, I rule that the Office of the County Attorney Bill (Senate Bill No.3 of 2018) be stood down. Next Order!

Hon. Temporary Deputy Speaker, we had not anticipated that we shall get to this, but since the Public Accounts Committee (PAC) is ever ready, we are going to move the Motion.

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

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THAT, this House adopts the Report of the Public Accounts Committee on its examination of the Report of the Auditor General on the Financial Statements for the National Government for the Financial Year 2015/2016, laid on the Table of House on Tuesday, 23rd April 2019. This is one such moment that I was looking forward to. In a span of not more than four months, the PAC, which I am privileged to chair, is submitting to this House a Report on the Examination of the Report of the Auditor-General on financial statements of the national Government. You will recall that in November 2018, the PAC tabled a Report on the financial statements for the Financial Year 2014/2015, which was eventually adopted by the House with minor amendments. Therefore, this Report, coming just about four months after that other Report, is a demonstration of the fact that PAC, that I chair, is more than equal to the task that has been placed before it.

It is important to point out that PAC does not just act in vain. You will no doubt note that the equitable share of the national revenue between the two levels of Government is dependent upon the latest audited financial statements of the national Government adopted by this House. Therefore, the tabling of this Report, and hopefully its eventual adoption by the House, is going to make another milestone in the short history of the PAC of the 12th Parliament.

True to our tradition as PAC, we have diligently examined the Report of the Auditor- General with regard to various ministries, departments and agencies (MDAs), constitutional commissions and independent offices for the Financial Year 2015/2016. We have accordingly come up with various findings and observations in respect of each of those agencies.

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

The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Hon. Tobiko Peris, what is out of order?

Thank you, Hon. Temporary Deputy Speaker. I was just referring to the issue of quorum. We do not have the necessary quorum to go on with this business.

Hon. Temporary Deputy Speaker, I can confirm that…

The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Hon. Chairperson of PAC, this is a House of procedure. The Member for Kajiado County rose on a matter of quorum during the proceedings of the House. That is under Standing Order No.35. I order that the Quorum Bell be rung for 10 minutes.

Order, Hon. Wamunyinyi. As a matter of procedure, Members are not allowed to leave the Chamber when the Quorum Bell is ranging. It is only the official Whip who is supposed or allowed by procedure to walk out of the Chamber. We must appreciate the service of Hon.

A certified version of this Report Wamunyinyi. He has served for some time and he is one of the senior Members of Parliament who are aware of the procedures. He is doing the work of the Whip.

Order Members! After 10 minutes of the Quorum Bell ringing, I order that it stops ringing.

Hon. Members, we are not in a position to transact the remainder of the business on the Order Paper. The House is not constitutionally constituted.