Tuesday, 4th November 2025

Serjeant-at-Arms, ring the Quorum Bell.

We now have quorum. Clerk-at-the-Table, call out the next Order. Members who are still on your feet, take the nearest seats.

The forum brings together the House leadership, all Chairpersons and Vice- Chairpersons of Committees and the representatives of the business community under the umbrella of KEPSA. In this regard, I wish to inform the House of the event and extend an invitation to the House leadership, all Chairpersons and Vice-Chairpersons of Committees and selected Members of the Departmental Committee on Finance and National Planning, Departmental Committee on Health, Departmental Committee on Energy, Departmental

Committee on Communication, Information and Innovation and Departmental Committee on

Hon. Members, allow me to recognise and introduce to you a visiting delegation from the National Assembly of the Republic of Namibia seated at the Speaker's Row. The delegation comprises the following seven Members of the Parliamentary Committee on Urban and Rural Development and Land Reform:

Members at the Bar, take the nearest seats. Hon. visitors, you may take your seats.

Hon. Members, the next Communication is to inform the House on the election of Hon. (Dr) Beatrice Adagala as the Vice-Chairperson of the Commonwealth Parliamentary Association (CPA) Africa Region Executive Committee and Sen. Tabitha Mutinda as a Board Member of the Parliamentary Network on the World Bank and International Monetary Fund (IMF) .

Hon. Members, I wish to inform the House that I am in receipt of Communication from the Commonwealth Parliamentary Association (CPA) Africa Region Secretariat conveying a notification of the election of Hon. (Dr) Beatrice Adagala, Member for Vihiga County, as the Vice-Chairperson of the Executive Committee of the CPA Africa Region for a period of one

year covering 2025-2026 term. This is a significant milestone not only for Hon. (Dr) Adagala personally, but also for our Parliament as it underscores the recognition and confidence placed in our institution within the wider Commonwealth Parliamentary Community. Accordingly, this Communication serves to formally apprise the House of Hon. (Dr) Adagala's elevation to this important and prestigious position.

I hasten to mention that we have just come from a meeting in Bridgetown, Barbados, where Hon. (Dr) Beatrice Adagala very ably chaired the meeting for the African Group in the presence of yours truly, and she could not resist referring to yours truly as Papa wa Roma.

Hon. Members, in the same breath, I wish to inform the House that Sen. Tabitha Mutinda, nominated Senator, has been elected to the Board of the Parliamentary Network on the World Bank and International Monetary Fund (IMF) for the period 2025-2027, representing East Africa. That international body promotes transparency, accountability and inclusive development. Her election is an honour for Kenya and our region, showing growing confidence in our leadership. It also strengthens our engagement with global financial institutions and discussions on development, governance and sustainable development.

On behalf of the House and on my own behalf, I wish to extend our warmest congratulations to Hon. (Dr) Adagala and Sen. Mutinda on their well-deserved election. I further urge all Members to accord them support and co-operation as they undertake their duties and responsibilities in promoting parliamentary diplomacy and excellence.

Thank you.

Hon. Members at the Bar, take the nearest seats. Thank you.

Hon. Members, Article 119 of the Constitution accords any person the right to petition Parliament to consider any matters within its authority. Further, Standing Order 225 (2) (b) requires the Speaker to report to the House any petition other than those presented by a Member.

Section 34 of the Forest Conservation and Management Act 2016 Cap 385, provides for the revocation of the registration of a public forest through a petition to the National Assembly and outlines the specific steps to be followed in consideration of such a petition.

In this regard, I wish to report to the House that my office has received a Petition from the Cabinet Secretary for Environment, Climate Change and Forestry, Dr Deborah Barasa, concerning the regularisation of various public forest land claims.

In the Petition, the Cabinet Secretary notes that the Ministry of Environment, Climate Change and Forestry is mandated, inter alia, to formulate climate change and environmental policies, promote low-carbon technologies, restore and protect strategic water towers, control pollution, conserve wetlands, manage forest resources and promote afforestation, reforestation and agroforestry initiatives.

The Ministry indicates that it has received several petitions from members of the public claiming settlement within various public forest lands across the country. In response to those claims, an Inter-Ministerial Committee was constituted to investigate and review the matters. Additionally, several petitions seeking the de-gazettement of public forests have been presented to this House and referred to the Public Petitions Committee.

The Ministry reports that the findings of the Inter-Ministerial Committee reveal that the areas under claim are currently inhabited by persons engaged in non-forestry activities and who have resided in those areas for prolonged periods.

The Ministry further informs the House that following a review of the Committee's Report, the Kenya Forest Service Board, in writing, did recommend the regularisation of those settlements through the variation of the respective forest boundaries in accordance with Section 34 of the Forest Conservation and Management Act Cap 385.

The Cabinet Secretary clarifies that following the recommendation of the Kenya Forest Service Board, the Minister for Environment, Climate Change and Forestry prepared and submitted a joint Cabinet Memorandum on the determination of public forest land claims. The Memorandum was duly considered and approved by the Cabinet, thereby authorising the variation of the affected forest boundaries to regularise the said settlements and forwarded it for consideration and approval by Parliament.

Hon. Members, consequently, the Petition is presented to the House pursuant to Articles 37, 62 and 119 of the Constitution, as well as Section 34 of the Forest Conservation and Management Act Cap 385, which empowers any person to petition Parliament to recommend the variation or revocation of the registration of a public forest.

Hon. Members, the Cabinet Secretary avers that the Ministry intends to execute the degazettement in phases, while prioritising the following forest areas:

(Chepkumia Block). Declared via Proclamation No.76 of

(Manzini Block). Declared via Legal Notice No.145 of 14th June

(Chebyuk Settlement Scheme). Declared via Proclamation

at Chepkumia Area, approximately 989.17 Hectares;

at Chebyuk Area, approximately 4,647 Hectares; and,

at Shiru and Shaviringa areas, approximately 94.99

jurisdiction of this House, and that they are not sub judice before any court or any other constitutional body, I hereby commit the Petition - seeking the degazettement of specified public forest lands in Turbo Forest (Manzini Area), Mt. Elgon Forest (Chebyuk Area) and Kakamega Forest (Shiru/Shaviringa areas) - to the Departmental Committee on Environment, Forestry and Mining for consideration and bring a report to the House, in accordance with the Petitions to Parliament (Procedure) Act (Cap. 7E).

Since the Petition concerning the South Nandi Forest at Chepkumia area is already under consideration by the Public Petitions Committee, I direct it to prioritise and conclude the deliberations on the matter.

I now, therefore, direct both the Departmental Committee on Environment, Forestry and Mining and the Public Petitions Committee to expeditiously consider the Petitions and report their findings to the House for consideration, in accordance with Section 34 of the Forest Conservation and Management Act, 2016 (Cap. 385) and Standing Order 227(2).

Hon. Karemba, your Committee was under scrutiny by the House Business Committee. I know that you are a new Chairman. There is apprehension that your Committee does not process business quickly. I hope you will live beyond the conduct of the previous leadership. Otherwise, we will shift the Petition to the Departmental Committee on Environment, Forestry and Mining.

Yes, Hon. Milemba.

Hon. Speaker, thank you for giving me this chance. I congratulate and thank the Cabinet Secretary for Environment and Forestry for bringing this Petition to the House for the matter concerning the various forests that are being degazetted. You will notice that some of them came into use as early as 1964, 1974 and others in 1988.

Specifically, I want to speak on the Shiru/Shaviringa Settlement Scheme, which was created in 1988. The people who live in those areas have suffered for a very long time. They have been living there without the surety that they should develop the land that they live in. They are unable to construct permanent structures on that land for all those years since 1988. I taught at Moi Girls High School, Vokoli, where some of them lived in the years 1991 and 1992, but they still do not have title deeds. Even those who left Mbale area where we have the county headquarters and Mbale Hospital are still suffering up there.

Therefore, this is a Petition which I call upon the committees that have been given this mandate to execute very quickly, so that those people can get their title deeds and start living normal lives. They can take loans on the title deeds that they will get. Although they live there currently, the land they have cannot be utilised businesswise. They cannot use the title deeds - which they do not have - to take loans and develop those places.

I ask the committees that have been given this mandate to execute it quickly, so that the people of Shaviringa and Shiru can get their title deeds and start living like normal Kenyans, with title deeds and operating on that land correctly. Like you have indicated, the Public

Petitions Committee should also quickly execute the degazettement of South Nandi Forest (Chepkumia Block). It is true that the Petition was brought to the House earlier and by now, they should have executed it so that the title deeds can be given out.

Hon. Speaker, without much ado, I thank the Cabinet Secretary for that. I ask this House to quickly expedite this matter, because those are members of our community who are living almost like squatters on the land that they surrendered; all because they wanted public utilities like Moi Girls Vokoli, Mbale District Headquarters and Mbale Hospital to exist. They have suffered the punishment of having to stay without title deeds for more than 30, 40 and some even 50 years.

Thank you, Hon. Speaker.

Yes, Hon. Lelmengit. Take a minute or, at least, two minutes.

Thank you, Hon. Speaker for giving me this chance. First, I thank the Ministry of Environment and Forestry for expediting this process of the de-gazettement of the land exchange programmes. I also thank the Public Petitions Committee for visiting the sites in Chepkumia. One of the areas that is affected by that land exchange programme is Chepkumia in Emgwen Constituency in Nandi County.

This has been long overdue. Those people have been out there for the last almost 30 years. They have not gotten their rightful title deeds. They also live in inhabitable areas. This comes at the right time. It will ensure that those people are resettled and given their rights. In the Chepkumia Land Exchange Programme, we remember the people of Ngerek and Koibem, but there are also other people in the territories of Kiptuiya in Kapkangani.

Hon. Speaker, I will still come to you on the same because they are also submitting their petition. It will come to this House very soon. I will also add the areas of Kobujoi that have public offices. They also require your attention so that we can have this land exchange programme solved and settled once and for all. I have visited your Office a number of times and I thank you for the effort that you have put in. I know the people of Emgwen will enjoy having their rightful title deeds and ownership of their parcels of land.

I submit. Thank you.

Who is that? Hon. Kitayama Marwa. Sikuoni vizuri. Take two minutes. Mhe. Maisori Kemero

: Ahsante, Mhe. Spika. Nakushukuru na vilevile nashukuru Serikali, kwa hatua ambayo imechukua. Lakini inashangaza na inasikitisha sana kwamba wakati ambapo tunafanya jambo nzuri kwa upande fulani wa nchi, upande mwingine wa nchi una shida. Wakati ambapo sehemu ya Macalder walileta petition katika Public Petitions Committee, ata kabla hatujaenda hatua kuangalia hayo mambo ya forests ambayo ilikuwa gazetted kinyume cha sheria, hiyo Wizara ilifanya gazettement usiku wa manane na kutuweka kwenye njia panda. Watu wa Macalder wanalilia haki. Kwamba wakati wazungu wale walikua Macalder Mines waliondoka, eneo lao lote limegeuzwa likakuwa msitu kinyume cha sheria. Jambo hilo liko mbele ya Public Petitions Committee. Kwa hivyo, naona hapa kuna unyanyasaji ambao unaendelea. Kwamba wanapeana kwa mkono huu…

Order, Hon. Kitayama. Kama hilo jambo liko mbele ya Kamati, haukubaliwi na Standing Orders kuli-discuss saa hizi. You are anticipating debate.

Mhe. Spika, wao pia walijua hivyo lakini wakaendelea kuvunja sheria hiyo.

You will say all those good things you are saying when the report from the Public Petitions Committee is filed and open to debate.

Mhe. Maisori Kemero

: Ahsante, Mhe. Spika. Mhe. Speaker: Nashukuru sana. Mama Adagala.

Thank you, Hon. Speaker for giving me this opportunity. I thank Members for congratulating me for having been elected as the Vice-Chairperson of the Commonwealth Parliamentary Association (CPA), Africa Region.

I echo the sentiments that have been expressed on the Petition that is going on about the degazettement and also, on ensuring that the people of Shiru and Shaviringa, the people who migrated from Mbale and paved way for the County Headquarters to be constructed, and the people of Vokoli who were moved to those sides of Shaviringa, are sorted out. I thank the Ministry for bringing this Petition in a timely manner.

As you can remember, over the weekend, we heard that there is someone who has been in the mortuary for six years just because of land issues. Land issues are very emotive. As the leadership of Vihiga County, we have struggled to ensure our people who were settled in Shaviringa and other areas in Nandi are given their title deeds. I, therefore, thank the Ministry for coming up with this Petition. It should be worked on very fast so that our people who are in Nandi, Shaviringa and other areas are sorted out.

Thank you, Hon. Speaker for spearheading this. It should be worked on urgently, so that our people can be settled and live a dignified life like other Kenyans.

Thank you.

Next Order!

Deputy Leader of the Majority Party.

Thank you, Hon. Speaker. It is good to be back after the short recess.

I beg to lay the following Papers on the Table: Reports of the Auditor-General and the Financial Statements for the year ended 30th June 2025, and the certificates therein respect of:

Thank you. Chairperson, Departmental Committee on Labour? Hon. Owen, who is your Chairperson of the Departmental Committee on Labour?

Yes, Hon. Chonga.

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

Report of the Departmental Committee on Labour on Approval Hearing of Hon. (Eng) Michael Thoya Kingi for the appointment as a member of the Salaries and Remuneration Commission (SRC) . Thank you, Hon. Speaker.

Next Order.

Hon. Chonga.

Thank you, Hon. Speaker. Approval hearing of a member for appointment to the Salaries and Remuneration Commission (SRC) .

Go on, Hon. Chonga.

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

THAT, taking into consideration the findings of the Departmental

Thank you, Hon. Chonga. Next Order.

On a point of order, Hon. Speaker.

Yes, Hon. Donya, what is it?

Thank you, Hon. Speaker. When you talked about Motions, I was waiting for a response on the Motion that we tabled in your Office about the tea bonuses. We have not received a communication.

Can you check with the Clerks-at-the-Table?

They are not giving us full information. They said you have to permit them before they do so.

Pardon?

You have to give them permission to do so. That is what they said.

The Speaker does not give permission. He approves.

Then they did not give us the correct information. Hon. Speaker, that matter is very oppressive to our farmers. We are not really feeling well about it. In our absence, they paid the farmers Ksh10. What can you buy with Ksh10? You cannot even buy a match box. Is paying Ksh10 of bonus to the farmers okay? We have failed to give our farmers equity and respect by treating them like second-hand citizens.

Hon. Donya.

Yes, Hon. Speaker.

See the Speaker in the Office tomorrow at 8.30 a.m.

Yes, Hon. Speaker. I will see you tomorrow. Welcome back.

Thank you. Order, Hon. Members. Allow me to acknowledge, in the Speaker’s Gallery, Kenya Basketball Referees Association (KBRA) officials from Starehe Constituency, Nairobi County.

Thank you.

The other visitors are CITAM Schools from Eldoret, Kapseret Constituency, Uasin Gishu County.

On my behalf and that of the House, we welcome you to the House of Parliament. Thank you.

Yes, Hon. Bashir.

Hon. Speaker, I rise to raise an important matter.

Order! Take your seat! I know that I promised to give you an opportunity to contribute, but I will do so when we get to that Order.

Order, Hon. Members. Commissioner Makau, take your seat.

Hon. Members, I have been requested by the Member for Elgeyo Marakwet County, Hon. Caroline Ng’elechei, for an opportunity to make a statement about the tragedy that befell their county and the country at large. She is not available today. She will do so tomorrow at

On a point of order, Hon. Speaker.

Hon. Bashir, you can now raise your point of order.

Thank you, Hon. Speaker. I rise on a point of order, on a matter that is very important to this House and Hon. Members. The matter concerns the 22 per cent and 10 per cent of the Kenya Rural Roads Authority (KeRRA) roads that have now been drastically reduced through a letter by the Director-General of KeRRA, on 31st October 2025.

KeRRA roads and National-Government Constituencies Development Fund (NG- CDF) are equalisers across the country. It is unfortunate that both NG-CDF and KeRRA are under attack from various institutions in the country. Despite the fact that both funds are so dear and resonate well with the constituents and locals back home, it is unfortunate that the reductions were almost a whooping 52 per cent, if not more. That, in itself, is too drastic for such kind of reductions. Remember that we already have an outstanding amount of Ksh18 million that has not been sent to the constituencies as part of the agreement. As we speak, Kenya Wildlife Service (KWS) and the counties have been given their money, but the constituencies have not received the Ksh18 million. I do not know why Members of Parliament in this House are held in contempt. This is a very important matter.

The Cabinet Secretary has 10 per cent. If there are gaps to be filled, I think he should be able to use the 10 per cent that is under his docket for reallocation. However, trying to re- adjust the 22 per cent and the 10 per cent of the constituency roads downwards is too unfortunate. We expected an upward increase, but we decided to let it go and let it remain as we had passed it in the House. It has now been reduced drastically. Those are roads that affect the local mwananchi on the ground.

As I said, it is an equaliser. There are certain constituencies that cannot get funding from other road projects. They only wait for the 22 per cent and 10 per cent. Now that, that has been reduced, where do they go to? This is a very important matter and this House needs to

discuss it. In fact, we need to do away with all the business, and summon the Cabinet Secretary for Transport and Infrastructure. We will not be taking this matter lying down. I urge Members of this House to flex their muscles for once, and tell the Executive that what they are trying to do is not going anywhere. We are not going to accept it.

As it has been said, enough is enough. We are heading towards elections. There are certain roads that have not been constructed. We made commitments to constituents. In fact, the deductions affect so many projects. Constituencies have already made procurement advertisement. You advertise for works and services and thereafter, say that the budget has been reduced. I want this House to stand tall for the first time, and tell whoever has written this circular or letter that it is not going anywhere and they must withdraw it. The Cabinet Secretary and not any other person must come here as early as tomorrow morning to answer Members on this matter.

(Applause) I urge this House to suspend all the business in order for us to discuss this matter. Thank you, Hon. Speaker.

Hon. Bashir, I gave you an opportunity to raise a point of order, not to incite the House. Order, Hon. Members!

Order, Hon. Kimilu. It is out of order to shout the way you are doing. Hon. Members, Hon. Bashir saw me in my Chambers, and I raised this matter before the House Business Committee. Members who attend the House Business Committee know this. We directed the Deputy Leader of the Majority Party, Hon. Owen Baya, who was in attendance, to liaise with the Chairman of the Departmental Committee on Transport and Infrastructure, the Member for Ndia and the Ministry, so that we do not engage in haphazard discussions, to bring a comprehensive statement tomorrow at 2.30 p.m. Thereafter, you will be able to enrich whatever would be before the House. If I find that the explanations are inadequate, I will direct the Cabinet Secretary to appear the next day so that he can answer your queries.

Hon. Owen Baya, that is what we agreed in the House Business Committee. Right?

Yes, Hon. Speaker. I am in touch with the Cabinet Secretary. He is studying the whole scenario and will give us a statement tomorrow.

Hon. GK.

Thank you, Hon. Speaker. I have raised the same matter with the Cabinet Secretary and the Director-General of Kenya Rural Roads Authority (KeRRA) and we have agreed to work on a better formula so that all Members are satisfied.

Hon. Members, you need to listen to me. What I am saying is that we will work with a formula that will not disadvantage us. As a Member of Parliament, I will not be happy with any reduction of the 22 per cent and the 10 per cent allocations. And I will support that we get an increment, not a decrease of the amount.

Members, can we deal with this tomorrow?

Yes.

Okay. Hon. Keynan, what is it? I thought we discussed this in the House Business Committee.

Hon. Speaker, I want to thank Hon. Bashir. In addition to the matter, there is the issue of the court case between the Council of Governors and the Ministry on the same levy. In the last kamukunji, you informed us that everything had been sorted out. As we speak, the Council of Governors and the Kenya Wildlife Service (KWS) got their share. What is missing is about Ksh18 million to every constituency. As the Ministry responds, we would want to know the whereabouts of that figure. We agreed through consensus, and the court case was withdrawn. The Council of Governors, KWS and the Kenya Forest Service each have got their share. So, where is the Ksh18 million for each constituency?

Secondly, as you attempt to solve this matter, I want to implore on my good friend the Chairman of the Departmental Committee on Transport and Infrastructure. It is unfair for this House to agree on a formula and somebody in the Executive revises the same and bring it as an agenda. I want to agree with Hon. Bashir that this House must be respected. We deserve a better way of seeing things than the way we are being treated now.

Thank you, Hon. Speaker.

Let us leave it there. We will deal with the matter tomorrow at 2.30

In the same breath, Hon. Speaker.

You said it is different. Now you are saying in the same breath.

No, it is a different issue. It is about the restoration of the glory of this House. The National Treasury is micromanaging the National Assembly. If a Member wants to travel out of this country, the National Treasury is expected to deal with the issue based on a Member-to-Member basis. They are also purporting to run our payroll. It is now happening differently. Initially, once we approved the allocation of money in this House, the budget for the National Assembly would be sent after the Clerk applies and the Clerk would deal with us. What is happening is micro-management of the National Assembly by the National Treasury. We need the Cabinet Secretary for the National Treasury to give a statement about this issue. It has affected even the constituency and county offices. It is even delaying disbursements. The National Treasury has put so many bottlenecks. We need your guidance, please, Hon. Speaker.

Hon. Members, the Speaker is not aware of any attempt to micro- manage Parliament by any department of Government. Indeed, if there was, it would be resisted. One, when you travel out of the country, it is exclusively in the purview of the Speaker to give you authority to travel or not to. There is no appellate structure to that. And the National Treasury does not come in. In the event that your trips do not materialise, sometimes, it may be due to general delayed exchequer releases or accounting issues.

Two, this House is one of the three Arms of the Government, independent and inter- dependent with the other Arms. There is no way we can be micro-managed by anybody. We have an independent Parliamentary Service Commission. If there are any delays in disbursing money, even to your offices, I always instruct the Clerk to communicate with Members. Sometimes, we hold kamukunjis to deal with it. The Head of the National Treasury, Hon. John Mbadi, is an immediate former Member of this House. If he tried to micromanage this House, it would not only be misguided, but would also fail. So, Hon. Wamboka, rest assured that no such thing would be allowed to happen.

Hon. Nzambia.

Thank you, Hon. Speaker. As we debate and discuss the Ksh18 million, we have not received the Ksh6 million from KeRRA for each

constituency for the 2024/2025 Financial Year. I do not hear any Member asking about it, unless it is only my constituency which has not received the Ksh6 million.

Can you repeat, I did not hear because a Member was consulting.

Thank you, Hon. Speaker. As we discuss about the Ksh18 million, we have a balance of Ksh6 million for the FY 2024/2025 which has not yet been disbursed to the KeRRA kit. So, I was wondering if it is only my constituency which has not received it or it is all of us.

Hon. Owen Baya, note that together with Hon. Kariuki. Yes Hon. Junet.

Hon. Speaker, I want to agree with Members that this issue of Road Maintenance Levy Fund (RLMF) must be dealt with as you have directed. It is a very important matter to the House and it needs to be concluded because we have discussed it for quite some time now - even before we went on recess. I also want to bring to your attention a principality that we have been using in this House on issues like the one that has been raised by my colleague, Hon. Wamboka. There are issues that we need to deal with at the Kamukunji level - just like issues of emoluments and travel. Parliament is not loved in this country. So, when you bring it to the Floor of the House, those kinds of issues have a very negative implication on Parliament. It is similar to when you want to shave your hair. There is hair that you can shave in public and there is hair that you lock yourself somewhere before you start shaving. Hon. Speaker, when we shave such kind of hair outside here, people will fight us.

So, Hon. Speaker, I want to guide Members who may be still learning the process that there are issues that we need to shave in privacy. Therefore, for those important requests, ask the Hon. Speaker as the Head of Parliament to call for a Kamukunji and then we deal with those cabinet secretaries properly. But the issue of RLMF is a public issue and that one is okay. Thank you, Hon. Speaker.

I want to repeat Hon. Members that there is not a single soul that helps the Hon. Speaker to manage your travels. Any Member who travels, travels under the approval of the Hon. Speaker and nobody else.

So, all of you who travel should know that the National Treasury has nothing to do with it and when I give Hon. Wanjala or anybody else an opportunity to travel, we do not seek the National Treasury’s concurrence. You travel because the authority of the Speaker has come your way to travel. So, let it be very clear. If you have any issues, the National Treasury is very innocent. Let us deal with our issues here. Hon. Jayne Kihara.

Thank you, Hon. Speaker for giving me this chance. At the outset, let me congratulate Hon. (Dr) Beatrice Adagala and Sen. Rahab Mutinda on their new assignment. I was hoping that I would be able to read this Statement before the start of Kenya Certificate of Secondary Education, but I will still read it…

If it is overtaken by time, you can stay it, go and re-cast it and bring it within the context of what is happening today. But it is up to you; it is your Statement.

Let me read it, Hon. Speaker.

Go ahead.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Education regarding exclusion of Form IV students from school for unpaid school fees.

Hon. Speaker, the continued exclusion of Form IV students, who started examinations yesterday from schools for unpaid tuition fees poses a significant challenge, particularly as they approach the 2025 Kenya Certificate of Secondary Education (KCSE) examinations. Whereas, sending them home is driven by schools' efforts to collect unpaid fees, the practice has not only intensified financial strain on low-income households, but also disrupted learning. It also threatens to undermine the current and future academic prospects of vulnerable students and jeopardizes their preparation for a critical milestone, resulting in educational inequity.

Hon. Speaker, the excluded Form IV students, particularly in schools within Naivasha Constituency, are forced to miss out on critical study time while still being expected to excel in their examinations. That disruption heightens vulnerability of affected students to negative peer influences and social vices such as drug abuse and alcoholism. In a desperate attempt to raise school fees, many students resort to hazardous casual labour or, in extreme cases, immorality, thus exposing them to unsafe environments and significant health risks. Those challenges not only jeopardize their academic performance, but also increase the likelihood of long-term consequences such as academic failure and compromised future opportunities, thus perpetuating the cycle of poverty and marginalisation.

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

Hon. Chairperson, Departmental Committee on Education. Yes, Hon. Wangari.

Thank you, Hon. Speaker, for indulging me before the Hon. Chairperson as I also support Hon. Jayne Kihara.

We had canvassed this matter before we went on recess when we were discussing the issue of capitation. The matter of sending students home was raised on the Floor of the House and it is something that needs clarification. I say that because the Cabinet Secretary is meant to appear before this House this week.

The Cabinet Secretary will be here tomorrow at 3.00 p.m.

Yes. So, my point is that the Cabinet Secretary, through the leadership of the House, should tell this House if the directives and circulars they issue to the schools count for anything. That is because there was a circular on the time of attending classes; another one that said students should not be sent home; and another one of teachers not allowed to withhold certificates in school. But they are all not being respected. So,

we expect that when the Cabinet Secretary comes tomorrow, those are the issues that he should also refer to, so that he can brief this House if they are just mere papers, public relations or management of Member and students.

Hon. Owen Baya, notify the Cabinet Secretary on those additional concerns for tomorrow. I do not see the Hon. Chairman of the Departmental Committee on Education. Any Member from the Committee?

Yes, Hon. Gisairo! In two weeks. Please tell your Chairperson. Hon. Bernard Kitur.

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Finance and National Planning regarding the operations of multi-national payment and services - Mastercard Incorporated and Visa Incorporated in the country.

Hon. Speaker, the National Payment System Act, Cap 491A, provides the framework that govern electronic payment networks. Those networks facilitate electronic transactions by linking banks, merchants and consumers to facilitate secure and efficient payment processing.

Mastercard and Visa electronic payment systems have been operating in the country since 2012 and 2016, respectively, offering payment solutions widely used by financial institutions and consumers in the country.

However, noting that those systems are foreign-owned entities that process significant volumes of transactions, there is a need to ensure transparency, accountability and compliance with the national financial and tax laws, including the remittance of taxes to the Government.

It is against this background that I request for a statement from the Chairperson of the Departmental Committee on Finance and National Planning regarding the following:

Thank you. Chairperson of the Departmental Committee on Finance and National Planning? Any Member from the Committee? Hon. Own Baya, inform the Chairperson of the Committee that they have two weeks to give a response.

Obliged, Hon. Speaker.

Hon. Joyce Kamene.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a statement from the Chairperson of the Departmental Committee on Trade, Industry and Co-operatives regarding the status of Matungulu Farmers Company Limited, which is in Muthesya, Masinga Sub-County.

Matungulu Farmers Company Limited was established as a land-buying public company with 114 members and acquired land in the 1969/1970 Financial Year. The company remained largely inactive until 2011, when some new directors were elected. Since then, the company has only held two Annual General Meetings, in 2012 and 2013.

In 2019, some title deeds were issued to members but later revoked as they were found not to be genuine. In 2025, concerned members sought clarification from the Registrar of Companies and discovered that the company’s original file had been closed and a temporary file opened. The temporary file indicated that in January 2025, the directors resolved to convert the company from a public to a private entity with only 46 members. Of those, 5 members were allocated 20 shares each, amounting to 100 per cent ownership, while the remaining members were not allocated any shares. Further, one of the directors listed in the file is deceased. Those developments have raised concerns about transparency, governance and protection of members’ rights in the company.

It is against this background that I request for a statement from the Chairperson of the Departmental Committee on Trade, Industry and Co-operatives on the following:

Chairperson of the Departmental Committee on Trade, Industry and Co-operatives? Hon. Marianne Kitany, can you bring a response in two weeks?

Yes, Hon. Speaker.

Hon. Adhe Wario, Member of Parliament for North Horr? He seems not to be in. His request for statement is dropped.

Hon. Karemba, I allowed you to request for a statement. Please proceed.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a statement from the Chairperson of the Departmental Committee on Agriculture and Livestock regarding the delayed payment of farmers in Runyenjes' Constituency by the New Kenya Co-operative Creameries (New KCC) .

The situation facing the dairy farmers in Runyenjes Constituency due to delayed payment from the New Kenya Cooperative Creameries is a matter of serious concern.

Despite a consistent supply of milk to the company, farmers have experienced delays in payment of their dues of up to four months. Those delays have adversely affected their livelihoods and pose a significant threat to the sustainability of dairy farming within the constituency. The lack of timely payments has constrained the ability of farmers to maintain their herds, meet operational expenses and sustain household incomes, thereby undermining economic stability in the region.

It is, therefore, imperative that the New KCC takes immediate and decisive action to address those delays, restore confidence among farmers and reinforce the resilience of the dairy value chain. The long-term success of dairy farming and the livelihoods of rural communities that depend on it rely on restoring trust through the timely and complete settlement of all dues that are owed to farmers. The New KCC should, therefore, endeavour to ensure that farmers are paid promptly.

It is against this background that I request for a statement from the Chairperson of the Departmental Committee on Agriculture and Livestock on the following.

Thank you, Hon. Speaker.

Thank you, Hon. Karemba. Hon. Julius.

Hon. Speaker, while I appreciate the request for a statement by our Hon. friend, I ask that when the statement is read, let it not be limited to Runyenjes only. This is becoming a serious problem that calls upon the Cabinet Secretary in charge of the New Kenya Co-operative Creameries (KCC) Limited to come to this House and explain why, from July up to now, farmers have not been paid. They are constantly supplying milk to KCC. Farmers are almost pouring the milk because there is nowhere to take it. When they take it to KCC, the company sells their milk but does not give them their money.

That statement should not be coached as diplomatically as the Hon. Member is saying it. They should just tell us when they are paying the farmers. It is a nationwide problem, not limited to Runyenjes only.

Yes, Hon. Sigei.

Hon. Speaker, I want to appreciate...

You are joyriding. Just go ahead and ask what you want.

Hon. Speaker, the other day, I asked for a same statement. Remember, a Committee went to Sotik. That is exactly one of the issues which was raised. Farmers in my area have the same problem. We would like to understand why no action has been taken on the statements which are being given here.

This is a sure way of killing KCC. We need to have a serious discussion on how to make the KCC Limited function. Otherwise, we are going to have the KCC Limited collapse like it did earlier. Thank you.

The Chairman of the Departmental Committee on Agriculture and Livestock. Where is he? Or it is the Departmental Committee on Trade, Industry and Co- operatives? Hon. Marianne?

Yes, Hon. Speaker. It is the Departmental Committee on Trade, Industry and Co-operatives that handles KCC. Within two weeks, we should be able to give the statement here.

Okay. Hon. Umul Kheir. TRAGIC EXPLOSION IN MANDERA COUNTY

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a statement from the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations regarding a tragic explosion that occurred in Mandera County.

On 31st October 2025, three children were involved in an explosion following the detonation of an explosive device in Alungu, Lafey Constituency, Mandera County. The incident resulted in the untimely death of a nine-year-old child while undergoing treatment. Two other children sustained severe injuries, including a five-year-old child who tragically lost an eye. The heartbreaking incident occurred as the children were herding livestock and unknowingly came across a strange object, which detonated upon interaction. The devices are alleged to either have been left behind by ex-militia on training or planted by cross-border terrorists. That incident has caused immense grief and fear among residents, raising concerns about the possible presence of other unexploded ordnances and the overall safety in the region. It is against this background that I request for a statement from the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations on the following:

Hon. Tongoyo, when can you bring a response? Two weeks?

Yes.

Thank you. Next, is a response to Hon. Naomi Waqo's request for statement by Hon. Tongoyo. Are you ready?

I am. Sorry. Yes, Hon. Umul Kheir.

The request for statement is directed to the Departmental Committee on Defence, Intelligence and Foreign Relations.

Not the Departmental Committee on Administration and Internal Security?

No.

Okay. Hon. Owen Baya, inform the Departmental Committee on Administration and Internal Security to bring a response in two weeks.

Much obliged, Hon. Speaker.

Hon. Tongoyo, before you make a response, let me acknowledge Muthangari Primary School from Mathioya, Murang’a County, in the Public Gallery.

On my behalf and that of the House, we welcome the students, their teachers and those accompanying them to Parliament. Thank you. Hon. Tongoyo.

Thank you, Hon. Speaker. The Member for Marsabit County, Hon. Naomi Waqo, requested for a statement on the disappearance of Mr Galgallo Bagaja Malicha. She wanted to know the following:

Thank you, Hon. Speaker. I also thank the Chairperson of the Committee for the response from the Ministry that he has just read out. Unfortunately, the response is not satisfactory at all. Since the request for a statement was

issued, two or three other people have been abducted. Sololo Town is too small for the Cabinet Secretary to say that the Ministry has been unable to trace the vehicle involved in the abduction and the abductors. I plead with the Ministry to continue investigating the matter and to give it proper attention.

Thank you, Hon. Speaker.

Hon. Tongoyo.

Hon. Speaker, as I indicated in the Statement, we will keep giving the family regular updates whenever we get them.

Hon. Tongoyo, is Professor Guyo Jaldesa’s Statement ready?

Yes, it is, Hon. Speaker. I request your indulgence because the Statement had been sought before we broke for recess and I responded to it. The Member indicated that he would prefer that the Committee visits the area on a fact- finding mission. We had prioritised the issue. We have just reported back today. We are planning for the Committee to visit the area on a fact-finding mission.

Did the Member appear before the Committee?

We had spoken to him.

Okay. Professor Jaldesa, is that sufficient?

Thank you, Hon. Speaker. The Chairperson of the Committee is a bit confused. When we talked, we agreed that the Committee should visit the area to verify matters for themselves. I also shared with the Chairperson of the Committee some photographs of the act of arson by the police. The Committee members should visit the site so that they can know what happened.

To cut a long story short, Professor, do you want them to visit the site?

Exactly.

Engage with them and after they visit, they will bring a comprehensive statement.

Thank you, Hon. Speaker.

Next Order.

the Republic and the continent of Africa and for his role in promoting democracy, peace and stability in Kenya and the region.

Hon. Members, before the Mover replies, the House Business Committee agreed that we give an opportunity to three Members on each side of the political divide or, at least, six Members, to contribute to the Motion. Thereafter, I will call Hon. Junet Mohamed to reply. Hon. Millie Odhiambo.

Thank you, Hon. Speaker. Just so that I know how to organise my thoughts, how many minutes will we each have to speak?

You have five minutes.

Thank you, Hon. Speaker, for giving us this opportunity to contribute to the Motion because we did not get a chance to do so the last time the Motion was discussed.

It is very difficult to talk about Baba in the past tense, even though we knew that he was mortal and would die at some point.

Hon. Gabriel Tongoyo

: On a point of order, Hon. Speaker.

Hold on, Hon. Millie. There is a point of order from Hon. Tongoyo.

Hon. Speaker, I am sorry for interrupting. My point of order is not related to what she is saying, but I just wanted to follow up on what the Professor had requested. Having seen the complexity of what is happening in Moyale, I request your indulgence, Hon. Speaker. The Departmental Committees on Administration and Internal Security and Environment, Forestry and Mining should jointly visit that area because this issue touches on the miners. Probably, even the Departmental Committee on Trade, Industry and Co-operatives should come along.

Write to my Office and I will consider your request. Go on, Hon. Millie.

Hon. Speaker, Baba was larger than life. That is why it is very difficult to imagine his demise. Speaking to many people, I discovered that they have still not yet come to terms with the fact that Baba is no more. I have engaged with several politicians and leaders, even those who vehemently opposed him in the past, and I have found out that Baba had a big impact on their political life. He held the hands of many people. Baba embodied the values that are dear to me and many Kenyans, such as justice, equality, human rights, non-discrimination, ethnic inclusion and the inclusion of women, youth, marginalised communities and differently abled persons. His inclusive nature sometimes played out even against his own ethnic community. I have seen in this House occasions when Baba sacrificed a qualified Luo in order to include a minority. For instance, without naming names, that happened with regard to the Independent Electoral and Boundaries Commission (IEBC) .

Some young people largely misunderstood Baba and have been speaking negatively about him. They will learn in due time. When our politics unfold, they will learn that Baba played a significant part in the politics of this country. One day, they will understand the sacrifices that he made, which many of us never have and never will.

Baba also invested in the mentorship of people with potential – a fact that was even recently acknowledged by Wamunyoro, even though he also had to throw in a jab against other Members of Parliament in his statements, which is unfortunate. But he acknowledged that Baba identified potential in people like me. I was a very good lawyer and politician. I did not know

my potential until Baba brought me here through a nomination to Parliament. I am a bad girl, as the Member has shouted. I am a beneficiary of his benevolence and so are many others here.

Baba guided me through very difficult political challenges. As politicians, we, at times, weather great storms that are unknown to many. During my first term in office, the swords and daggers that were drawn against me were too heavy. Unknown to many people, I wrote a letter resigning as the Member of Parliament for Mbita. I took my resignation letter to Baba, who spoke to me and held my hand as a daughter. He guided me and told me that he believed in my ability to fight those battles. I am now serving my fourth term because Baba held my hand even in those difficult moments.

I am happy and glad that I got an opportunity to say goodbye to Baba two days before he left. We know that he is not coming back. I am glad that his best song, the Jamaican song, also happens to be my mother's best song. Each of us has a God-given purpose in life. Baba knew his purpose. He lived and served his purpose.

What about us, even when we are politicians here in the House? I am glad the way Baba was celebrated, not only in Kenya, but also globally. For those who doubted who Baba was, I can tell for a fact that in our lifetime, no other leader will ever be celebrated the way Baba was. Jowi! Jowi! Jowi!

Thank you, Hon. Speaker.

Thank you. Hon. Jayne Kihara.

Hon Speaker, I rise on the same tone saying that Baba was a great man. May he rest well. I happened to serve in this House with him in the 9th Parliament, with you Hon. Speaker. At least, I had the advantage of knowing him.

Baba will be remembered for many things among them for his unwavering commitment to democracy and human rights. He was selfless and a great patriot. He was instrumental at the beginning of my politics. Hon. Speaker, we remember the National Rainbow Coalition (NARC) movement. When my husband was in the hospital and I was campaigning, I went to Mwenge House and told the officials there that I needed somebody to come to Naivasha and campaign for my husband. That is because we had a strong Safina Party though my husband was also strong. We realised we were going to split that vote. So, Baba came and held two great meetings that changed the tide. When it was my turn to be elected in a by-election, Mama Ida Odinga came and campaigned for me with a battery of women politicians. So, as I remember Raila, our family owe him a lot. When my husband's body was brought from South Africa, it was only Baba who came to receive the body. He made sure that my husband's body was not taken to the cargo terminal, but to the passengers’ terminal. That is where he received the body. Hon. Speaker, Baba attended my husband’s funeral.

So, I remember Baba for many things. May he rest well. He worked very hard. As Hon. Millie Odhiambo has said, I do not think there is any leader who was buried with dignity the way Baba was. I was here when the founding father of the nation died and I was around when we lost other great men. But, none of them was buried the way Baba was. So, I give my condolences to his family, the ODM fraternity and all Kenyans for the respect they showed that great Statesman.

Thank you, Hon. Speaker.

Hon. Robert Mbui.

Thank you, Hon. Speaker. I take this opportunity to also pay tribute to the late Rt Hon. Raila Amolo Odinga, Kenya's biggest defender of human rights and the rule of law. I got the news of Baba's passing on when I was in London with my Party Leader. We had gone to meet a few Kenyans out there. My Party Leader quickly cut short his trip and came back. I remained because of pre-planned engagements. But I had an opportunity to mourn him and celebrate his life with Kenyans in London at Thatcham. I did what I could by bringing together Kenyans there.

I was with Baba in 2022 in Washington DC, just before the last elections. When we got there with him, he also had to cut short his trip to come back because the late President Hon. Mwai Kibaki had passed on. That was the second time I was out of the country with a prominent leader in this country and somebody passed on. I am now scared of travelling. It really touched me because when I travelled with Baba, the late President Hon. Kibaki passed on and when I travelled with Hon. Kalonzo, Baba passed on. So, I ask for prayers so that, that does not affect me also.

Many people have eulogised Baba and they know him, maybe, from what they read in the books. He battled detention without trial; he battled bullets and battled tear gas. I am one of the people who were in the trenches with him. Since I was elected in 2013, I have been with Baba. We supported him in 2013, 2017 and 2022. I am actually a living casualty. I have a permanent injury which I got when I was in the trenches with him. So, when I eulogise him, I am eulogising someone I believed in, someone I know had the interest of Kenyans at heart and fought so that Kenya can be a better place. In the remembrance of Baba, the WIPER Patriotic Front Party that I represent in this House and the community of elders from where I come from, Mount Kenya South, Lower Eastern, will be going to pay our tributes to the family of the late Raila Odinga on Thursday, 6th November 2025.

During the funeral, my Party Leader did not get enough time to eulogise a person he had stood with for the longest time - three political seasons. He was given like a minute or two. The Deputy President pushed him to hurry up. So, my Party Leader was not able to do what he wanted to. We are going to Raila’s home on Thursday to pay proper tributes.

In remembrance of Baba, I caution leaders who keep talking about Baba with negative connotations. I start with the Governor of Nyeri. I was not happy when I heard the comments he made. He implied that it was a positive thing for Baba to have died. That was a shameful act and we condemn that in the strongest possible terms. I also heard another leader from Sugoi who recently said that, now going into the next elections, he has no competition because Baba passed on.

Hon. Tongoyo.

Hon. Speaker, thank you for giving me this opportunity to pay tributes to a great leader that ever lived. I could not get an opportunity last time because of what was happening in town.

Hon. Speaker, it is with profound respect and heartfelt emotion that I rise to pay tribute to a towering Statesman, a Pan- Africanist, a gallant son of Kenyan and a symbol of resilience, the late Rt Hon. Raila Amolo Odinga. Hon. Raila's life was a long and courageous journey in pursuit of justice, democracy and equality for all Kenyans. From the dark days of detention to the bright dawns of reforms, he remained steadfast and never losing faith in the dream of a better Kenya that he believed in. For us in Narok and, indeed, across the Maaland, Raila stood as a friend and as an ally. He championed devolution, inclusivity and empowerment of marginalised communities, ensuring that every Kenyan, no matter their origin, tribe or faith, had a seat at the table of national development. His voice echoed the cry of the ordinary citizens and his vision embraced the unity of our great Republic.

Hon. Raila Odinga taught us that leadership is not about power, but about service; that patriotism is not in words, but in action and that peace, even after fierce political storm, remains the highest gift we can offer to our children. As we celebrate his enduring legacy, may we honour him, not only with our words, but also with our continued commitment to the ideals he stood for.

On behalf of people of the Narok West and the Narok Maa, we convey our deepest respect and gratitude. May his example continue to guide us; may his spirit of courage and unity forever live in our hearts. May God bless this family and God bless Kenya.

Hon. Speaker, I read something in the print media today which is true. It said that even in Hon. Raila’s last resting place, he may continue to influence the politics of Kenya. I am sure that probably in our lifetime, we may not get a leader like him. I pray that all of us who are alive emulate the good deeds that he taught us.

May his soul rest in eternal peace.

Thank you. Hon. Maungu.

Thank you very much, Hon. Speaker, for giving me this opportunity to pay tribute to an icon who has rested. I was not fortunate to give my eulogy last time. The man we are talking about today was a great one who lived a lifetime. One thing that came out clearly was that he was celebrated across the political divide. Those who looked at him as dangerous eyes, celebrated him. And those who celebrated him, celebrated him even more.

Before I joined politics, I used to admire Hon. Raila Amolo Odinga. I admired the way he connected with people, fought for this country and believed in a better Kenya. I admired a man who was very forgiving. Upon coming into Parliament and politics, I knew him much better. He was full of love and wanted the best for this country. Many are the gains we, as a country, celebrate today. All these can never be talked about without mentioning the late Hon. Raila Amolo Odinga.

In Luanda, where I represent, the majority of the people there really loved the great man that we have lost. His demise was a great blow to my people and the great people of this country. As the Whip of the Minority Party has said, maybe in our lifetime, we may not witness a man who will be celebrated and remembered such as the one we are talking about. In his lifetime, the late Hon. Raila Amolo Odinga fought poverty. He said that it was the enemy of the people. He talked about bad governance and corruption as an ill that is eating our country. I believe that he may have gone, but the crown lives on.

As we remain, we should remember to fight the very things he stood for. Tribalism has been a great cancer in this country. As leaders of the present moment, we should come forth and fight it. Corruption is an equally big matter that Mzee Raila Amolo Odinga really fought. As leaders, we must live that dream. We must propagate it and ensure that we fight corruption in our spaces and areas.

This was a man who looked at Kenya as a country full of love. Looking at the last arrangement that he had with His Excellency the President, no one ever believed, thought or understood what idea Hon. Raila Amolo Odinga had. But from what we can see, he had a premonition that Kenya was in turmoil and they needed to come together.

Hon. Speaker, on my own behalf and that of the great people of Luanda, we shall forever miss Mzee Raila. We shall forever carry on his name because he fought for this country in the right way.

Thank you, Hon. Speaker.

Hon. Wamuchomba.

Thank you, Hon. Speaker. Allow me to join my colleagues to speak about our fallen hero and the father of the nation for generations. It is very unfortunate that when I was growing up, as a young girl, I knew Hon.

Raila Odinga as a bad man politically. We were told narratives about his life. We were made to believe that he was a very bad man.

Luckily, when I was elected in the last Parliament, through my interaction with many leaders in this House like Hon. Junet Mohamed and Hon. Millie Odhiambo, when we formed the Building Bridges Initiative (BBI), I got an opportunity to share a table with Baba. I remember one evening when he hosted me in Karen over a drink to demystify the BBI narrative. He asked me a question about my one-man-one-shilling push within the BBI. To my shock, Baba was a very understanding man. He lent me his ear, listened to me, expounded his opinion, swayed my opinion and made friendship with this little girl from Githunguri. From that day on, I was very proud to have Baba’s phone number saved in my phone.

I want to speak about how we, the political class, package political narratives. We demonise people who do not deserve to be demonised. We brand people with wrong tags who do not deserve to be given such tags. As I speak, there are so many people who are wondering whether this is the same Hon. Wamuchomba who is speaking well about Baba and yet, we campaigned around Baba’s personality to win votes. Baba’s story teaches us how we should speak politically, even when we are competing for votes. Politics is not worth tarnishing people’s images, targeting their families and ruining their social images.

As Baba rests, this is a challenge to the political class, I included. Politics is a game, but life is a process and sacred. Rest in peace, Baba. Thank you.

Hon. Junet, you have 20 minutes. If you will not exhaust them, you can donate to those who are raising their hands.

Hon. Speaker, I have a statement to read, but I can donate two minutes to Hon. Irene, Hon. Peter Masara and Hon. Mawathe.

Can you tell me the names again?

Hon. Irene Mayaka, Hon. Peter Masara, Hon. Mawathe and Hon. Bensuda. I will donate minutes to Hon. Kaguchia tomorrow.

Okay. Hon. Mayaka, contribute for two minutes. Thereafter, Hon. Masara, Hon. Mawathe and Hon. Bensuda will contribute for two minutes each. This means you are left with 12 minutes.

Thank you, Hon. Speaker and Leader of the Minority Party for giving me this opportunity. I take it to express my sincere condolences to the family of the late Rt. Hon. Prime Minister. Because of him, I have an opportunity to even stand on the Floor of this House. He held my hand, withered and watered my potential as a young woman in politics.

On behalf of all the daughters of Raila in the entire country, the young members of the Orange Democratic Movement (ODM) and the members of Nyamira County, I pass my condolences and appreciate the man whom we called Baba. He was not only a political icon but also, he was my political father, mentor and the reason I have the strength to serve in a political space. As I said once before in this House, since 2018, I have worn two wristbands on my hand: one that is for Kenya, and the other blue one that is inscribed: “Daughters of Raila”, in honour of a man who gave me the opportunity to have a political career.

Thank you.

Pole sana. Take heart. Give Hon. Masara two minutes.

Thank you, Hon. Speaker. According to us, we mourn for 40 days. But we will mourn the late Rt. Hon. Raila Amolo Odinga forever and ever. Personally, I am celebrating him because without him, I would not be where I am today.

I borrowed my leadership style from him. When I was in high school and people were fighting for multi-party democracy, there was a day the late Hon. Jaramogi was to visit Got Kwer. I was in Migori Boys, and all roads were blocked. Raila himself came to Migori Boys and gave us instructions. We followed what he told us, and Hon. Jaramogi went to Got Kwer. Thereafter, I was inspired by the courage he had, and throughout his entire life, I have been a follower of the late Rt. Hon. Raila Amolo Odinga.

When I got the message of his death, I told my family that Kenya will never be the same again. Generations and generations will live and they will talk about Raila. Unfortunately, as a human, he will not be there, but his spirit will live forever. Let those of us who are still in leadership pursue the spirit of devolution and inclusivity.

Hon. Speaker, allow me to thank His Excellency the President of the Republic of Kenya, Dr William Ruto. As followers of Raila, we will never forget what he did for us. How I wish those who were members of Azimio Coalition would take a moment to imagine what would have happened if we were on the streets when Hon. Raila died in India. What would have happened? We thank…

Your two minutes are over. Hon. Mawathe, proceed.

Thank you, Hon. Speaker and the Leader of the Minority Party, for giving me the opportunity today to talk about Baba. We saw Baba a long time ago while I was still in Dallas, Texas. He would come to Dallas, and we would accompany him to Houston, Texas, where we would also meet with the likes of Dachew Ongudu, Ochoo, and the rest all the way to Minnesota doing what politicians are supposed to do ― fight for the people. We enjoy all these rights today, especially the multi-party democracy, the freedom of speech and the freedom to assemble, thanks to Baba.

I remember when Baba was coming back from a foreign trip and together with the likes of Hon. Babu Owino, Hon. Aladwa, and Hon. Simba Arati, we got together and Baba was welcomed home in a very nice way. Our Baba that we supported in 2013, 2017 and in 2022…

Are his two minutes over? Yes! Your time is up. Add him one more minute.

Eii Baba! Anyway, this is the person we supported and I voted for in 2013, 2017 and 2022, being deputised by my Party Leader, Hon. Stephen Kalonzo Musyoka. Baba will not be forgotten. He knows how to fight for people’s rights. I remember when we went to the Independent Electoral and Boundaries Commission (IEBC) , we sat on the tarmac and we were mocked by people who believed that we ought to have fewer rights than we had.

Even during the swearing-in, I remember Hon. Simba Arati, Hon. Babu and I got together the day before. We will really miss Baba. Baba, we will forever miss you.

Ahsante.

Hon. Bensuda.

Thank you, Hon. Speaker. May the late Rt. Hon. Raila Amolo Odinga rest in peace. Raila Amolo Odinga was God-sent. When I came into political limelight when nominations were being held as I was campaigning after resigning as Chief Executive Committee Member (CECM) for Roads in Kisumu County, barely two years after leaving the Jaramogi Oginga University of Science and Technology, I was told that I was wasting time. That is the kind of politicians we have today. I was told: “Your certificate for nomination is gone. So, wait. We shall see where to put you.” This was carelessly narrated to me and it went into my nerves. I looked for Baba. I travelled up to Jomvu, where he was addressing lecturers of all universities in this country. I shared my heart with Baba in his ear, and he gave me a hearing. Jakom asked me: “Who has given them the certificate? Go and campaign. I am behind you.” I campaigned using one pickup as people laughed at me around Homa Bay County, and others celebrated in other quarters. I was

determined by his word. I was not given a direct ticket in Homa Bay County. I want to confidently put it on the Hansard that I was taken through nominations and people voted for me.

Your time is up, Mama Bensuda. Thank you.

You are not on the Hansard.

I would like to say that, Hon. Speaker, as politicians of today, we must be resilient. We must be focused. We must truly be there for the people of Kenya. We must put tribalism aside. We must be honest. We must be transparent. We must nurture and mentor the young ones. We must solidly move on as leaders of this country without betrayal. I will have time to mourn Hon. Raila Amolo Odinga. May his soul rest in eternal peace. He remains in my heart forever.

I thank you very much, Hon. Speaker. Jowi! Jowi! Jowi!

Thank you. Hon. Junet proceed.

I beg to reply to the Motion that was tabled before the House to eulogise my departed leader, the late Rt. Hon. former Prime Minister, Raila Amolo Odinga.

Hon. Speaker, I thank you for granting me the opportunity to pay tribute to one of the greatest sons of our Republic, the late Rt Hon. Raila Amolo Odinga. Allow me to acknowledge the President of the Republic of Kenya, His Excellency William Samoei Ruto, the Deputy President, the Speaker of the National Assembly, Hon. Wetang’ula, Members of both Houses and, indeed, the entire nation who joined us as a party in mourning and celebrating a man whose life defined courage, sacrifice and patriotism.

Kenya continues to stand united in grief. We have lost a Statesman, a reformer and one of the foremost architects of our democratic journey. Raila Amolo Odinga was not merely a political leader but a movement, a vision, and a symbol of Kenya’s enduring quest for justice and equality.

His story is inter-woven with the soul of our nation, from the struggle for multi-party democracy to the birth of devolution and from the fight for electoral justice to the pursuit of national unity. Raila's journey was one of the extraordinary sacrifices. From the dark danger of political detention to the bright halls of leadership, he endured suffering, persecution and humiliation and yet, he never surrendered his belief in a better Kenya.

He stood firm when it was dangerous to do so and gave a voice to the voiceless when silence would have been safer. To many, he was Baba, the father of democracy. To me, the late Rt. Hon. Raila Amolo Odinga, was more than a leader. He was a friend, a mentor, a father figure and a man whose wisdom shaped my political journey. One whose courage inspired my convictions. He guided me with patience, challenged me to think beyond self and taught me that leadership is service anchored in integrity and compassion. He was the mentor who believed in me when I doubted myself. The father figure who offered guidance with kindness and the friend who stood with me in both triumph and trial. His counsel was steady, his humour was disarming, and his faith in people unwavering.

Raila Amolo Odinga believed that leadership is not about privilege, but about purpose, not about position, but about service. His politics transcended tribe and party. He envisioned a Kenya where every citizen, regardless of background, could find dignity, opportunity and belonging. That I can testify.

Through his advocacy for devolution, he empowered communities and brought the Government closer to the people. Through his lifelong commitment to dialogue, epitomized by

the famous “handshake” and currently the Broad-based Government arrangement, he reminded us that peace is not the absence of conflict, but the presence of justice and reconciliation. He taught us that unity is not weakness but statesmanship.

To millions of Kenyans, he was simply Baba. A father not only to his family, but to generations who drew hope and courage from his resilience. Whether in Kibra, Kisumu, Garissa or Turkana, he connected with ordinary citizens with humility and sincerity. He championed the struggle of workers, farmers and youth, standing fiercely for the marginalized and forgotten. His dream was a Kenya that works for all his children, regardless of tribe, region or station in life.

To the youth of this Nation, Raila Amolo Odinga was more than a leader. He was an idea. An idea that truth must be spoken to power; that the fight for justice never ends; that Kenya can and must be better. His life challenges us, in this House and beyond, to rise above partisanship and continue building the Kenya he envisioned - united, prosperous and free.

We thank Mama Ida Odinga, his children and the entire Odinga family, for sharing him with the nation and for standing steadfastly beside him through the storms of history. His sacrifices were not his alone. He bore them with grace and dignity. As we continue to mourn his passing, let us also rise to the challenge he leaves behind to make Kenya a nation anchored in justice, unity and truth. Let us move forward with the courage, compassion and conviction that Raila Odinga so valiantly exemplified.

The Rt. Hon. Raila Amolo Odinga has departed from our sight, but his dream for Kenya will never die. His legacy will forever echo in these Chambers, in the streets where the people once chanted his name and in the hearts of all who believe in freedom, justice and equality.

Fare thee well, Rt. Hon. Raila Amolo Odinga, Baba, the People's President, the father of democracy and the eternal flame of Kenya's conscience.

I conclude by saying that we have lost a leader, a friend who was also your friend. You have worked with Raila, and I can testify that. You were with him for many years in politics, but you partnered majorly in the 2013 and 2017 elections. I know you are also very close to him also.

We always watched Arsenal together.

Hon. Speaker, I am coming to that.

Yes.

I have joined you two many times in restaurants around Karen and some other places, watching the Arsenal team playing together. So, he was a very friendly man. A man who did not address people because they are from this or that community. He used to keep everyone close because he is a Kenyan.

Hon. Speaker, I do not want to speak about my journey with him. You know where I came from and how I looked like when I visited you in Malakisi compared to how I look today. If you put those photos together, you will know.

I came to visit you at your constituency at the time. You were the Minister for Foreign Affairs, if I remember, or something like that. I spent the night with you at your home.

That is a man who has moulded many political lives, myself included. When I interacted with Hon. Raila Odinga, it was in the year 2003 and I became a mayor, although I wanted to become a Member of Parliament. Hon. Caroli was a very powerful man in his office in 2013. He almost denied me a ticket. If it was not for Baba, I would not have been in this Parliament. He was a very powerful man then and he almost denied me the ticket, but Baba stood with me. He said that this is the young man who should be the Member of Parliament for Suna East.

No! There is no correction there. We know what happened.

You are either on a point of order or nothing.

On a point of order, Hon. Speaker.

Hon. Caroli, what is your point of order?

Hon. Speaker, it is true that I was very powerful, but I was also very passionate about my work.

The information the Hon. Member is sharing is inaccurate. He actually lost the nomination. I have an affidavit sworn by none other than the then Secretary-General of the party then, Prof. Anyang’ Nyong’o, swearing he was not our candidate. That is the correct position.

(Laugher)

Hon. Speaker, now that Hon. Caroli wants clarification, I was running against his uncle, who was 80 years old. When I defeated him, Hon. Caroli brought family issues to the Orange Democratic Movement (ODM) party. That was in the nomination. In the subsequent election, which was the real election, the uncle took another party ticket. I still defeated him in the general election. If he was so popular, he would have won.

But anyway, that has not brought us here.

Hon. Caroli, we will leave it there. Order.

Hon. Speaker, it is on record that Hon. Caroli has, in his own words, accepted he was a very powerful man. So, that confirms the suffering I went through in his hands.

(Laugher) Let us mourn Baba because he was a man who stood for justice. I can confirm here, if it were not for him, I would not have been given the ODM ticket. That is the truth. He stood with me.

In fact, powerful people in his office brought him propaganda. They brought a report showing that if I was given the ODM ticket, mosques will be banned and Somalis will be evicted from Migori. He showed me the report stating that his office gave him. I reminded His Excellency the Prime Minister that I have been the Mayor for 10 years. How then have mosques not been banned or Somalis evicted? That is how Baba was. That is how he stood firmly with the minorities.

Order, Hon. Caroli.

I made him the Mayor.

Hon. Speaker, Hon. Caroli comes from Homabay.

He eulogized Baba.

We are eulogizing Baba. Hon. Caroli comes from Homabay and I come from Migori.

Let me conclude.

Order, Hon. Caroli.

Order, Hon. Caroli Omondi. You are being disorderly. We are eulogising a great man. The two of you, Hon. Caroli and Hon. Junet, yours truly has mentored you. Hon. Caroli, you know you worked for me and you were a decent young man. Hon. Junet, you know that you have been my friend since 2007 and you are equally decent. Maintain that decency as we eulogise Baba. There should be no sideshows. The death of the Right Hon. Raila Odinga should not raise collateral passions on the Floor of the House. Whatever there is between your neighbouring counties, keep it out there. Yes.

Hon. Speaker, let me conclude. I was just narrating history. Let me conclude by saying that we have lost a great man. May the Lord put his soul in eternal rest. We will miss him. We will remember him and his spirit will live with us for many years to come. For those whom he has wronged, forgive him please, as every human being is to err. Those who committed crimes against him and are here now, please return if there is anything you have done to his family or himself. Thank you very much, Hon. Speaker.

You beg to reply.

I beg to reply, Hon. Speaker.

Thank you. Hon. Muriu, sorry! You have no chance. Order. What you are asking to do is of little relevance to this eulogy. You said you want to recite Harry Belafonte’s Jamaica Farewell.

Why not sing it?

Order. This is a House of Parliament Hon. Millie. Besides that, you have already spoken to this Motion. Everybody knows Harry Belafonte’s song that Hon. Raila liked. If you do not know, Harry Belafonte was my personal friend. He was the husband of the great Mirriam Makeba. He was a great Jamaican whom we all know and respect. Reciting the song here does not invent anything. Let me put the question at Order No. 9.

I direct that you expunge the exchanges between Hon. Junet and Hon. Caroli Omondi from the Hansard. The Hansard to be prepared and put as an addendum to the Hansard record that I gave to Mama Ida at the funeral in Bondo. The updated record is to be given to the leadership of Hon. Junet and Hon. Millie to present to Mama Ida. Make sure you expunge the trivialities seen here between Hon. Caroli Omondi and Hon. Junet Mohamed about who was

powerful, who was manipulating tickets, who was putting up an angle for a candidate and all that. They have little to do with the stature of Hon. Raila Amollo Odinga.

(Applause) Next Order.

Hon. Gichimu.

Order Hon. Millie. Hon. Gichimu go on.

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

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of ten (10) sets of Regulations relating to the Petroleum Sector, laid on the Table of the House on Thursday, 16th October 2025 and, pursuant to the provisions of section 18 of the Statutory Instruments Act, Cap 2A and Standing Order 210 (4) (b) , annuls in its entirety the following Regulations:

Hon. Temporary Speaker, the reason is for failure to comply with the Statutory Instruments Act, CAP 2A. This is a very straightforward Motion. The only reason the Committee is seeking to have them annulled is because they offend the provisions of section 11 (1) of the Statutory Instruments Act, CAP 2A. The provision requires that the Cabinet Secretary in charge of the regulation-making authority shall submit regulations upon publication within seven sitting days to the responsible Clerk for tabling in Parliament.

All these regulations were published on 30th May 2025 and were submitted before the Clerk of the National Assembly on 11th July 2025, well beyond the requisite period of seven sitting days.

While the Committee on Delegated Legislation is also mandated to examine matters of public participation, compliance with the Constitution, and the parent Act, the Committee did not delve into those considerations because these regulations were brought before the House out of time. That is the only reason. The Committee has no powers to extend the time within which regulations may be tabled before Parliament.

Without belabouring the point, I beg to move and call upon the Member for Kathiani and Deputy Leader of the Minority Party, Hon. Robert Mbui, to second.

He looks surprised. Member for Kathiani, proceed.

Thank you, Hon. Temporary Speaker. I rise to second this Motion.

When dealing with regulations, there are several considerations that the Committee on Delegated Legislation must make. First, we ensure that the regulations are constitutionally sound by checking them against the Constitution of Kenya, 2010. We also ensure that they align with the parent Act. We further check compliance with timelines, because the Statutory Instruments Act provides specific periods within which regulations must be submitted. We also confirm that adequate public participation was conducted when the regulations were developed. Therefore, there are many factors that the Committee considers.

Some issues can be discussed between the Committee and the regulatory-making authority. However, some breaches are totally incurable. In the case of these particular regulations, they were presented out of time. There was nothing the Committee could do. There was no point of discussion or debate, not even an opportunity for the Cabinet Secretary to make a presentation to the Committee. Once it was established that the regulations were submitted outside the timelines that are provided under the Statutory Instruments Act, they became incurable. For that reason, the Committee decided that all of them must be annulled in their entirety.

The Executive must respect the rule of law. When statutory instruments are made, the law requires that this House follows due process before they take effect. Recently, we had issues with the Cabinet Secretary for the National Treasury and Economic Planning, who issues circulars that have the effect of law. Under a strict reading of the Statutory Instruments Act, such circulars are actually regulations and yet, he purports to implement them without regard for what this House thinks. In some cases, those circulars even contradict the parent Act, such as the Public Procurement and Asset Disposal Act. This is something the Executive must stop. The rule of law must be respected. These are the very principles our late Hon. Raila Amolo Odinga stood for, principles that Members have continued to speak about since his passing away. The Executive must take care not to act outside the law.

This morning, as a Committee, we were scheduled to meet with the Cabinet Secretary for Education over a similar issue concerning circulars. When a circular carries the force of law, it contravenes Article 94 (5) of the Constitution, which states:

“No person or body other than Parliament has the power to make provision having the force of law in Kenya, except under authority conferred by this Constitution or by legislation.” The Executive must understand that respect is mutual. We respect the Executive, but it must also respect this House.

With those few remarks, I second.

Very well.

Hon. Sunkuli.

Hon. Temporary Speaker, in support of this Motion, I urge the House to nullify these regulations. When they were presented before our Committee, two problems arose. First, they were already dead on arrival because they were not presented within the time required under the Statutory Instruments Act. We did not even open them for consideration. Unfortunately, it seems the Executive hoped to have them take effect by the mere lapse of time. If not annulled by tomorrow, they would automatically acquire the force of law without Parliament’s consideration. Therefore, we must reject them today, so that the Executive can republish and defend them within the prescribed timelines.

I support.

Very well. Hon. Members, I note that some Members have their cards inserted, but they are not in the House. Hon. Saney of Wajir North? Hon. Yusuf Hassan? Hon. Ngusya, CNN, are you willing to speak on this matter?

If not, Hon. Kaguchia? Hon. Caroli?

Thank you very much, Hon. Temporary Speaker. My contribution is not on the procedural malfeasance that has been committed here or the content of the regulations, but to pose a question. When a body that is entrusted by law to make regulations deliberately fails to submit them to this House within the statutory timelines, regulations that were not made in vain and surely had a purpose, should we simply annul them, or should we go further and reprimand such conduct?

What action should we take to ensure this does not become a routine practice among the Executive agencies that we have entrusted to make subsidiary legislations on behalf of this House? I do not think we should just annul and leave it at that. We should annul and take further action. We need to find out why they did not submit the regulations within the statutory timeline of seven days. If they made these regulations to achieve certain policy objectives, why did they wait for 15 days? There is a more fundamental question other than annulling as a matter of procedure. Sometimes, regulations are made to achieve specific purposes, but due to malfeasance, a deliberate move is made to kill or prevent them from taking effect. This House should take this matter seriously.

Thank you, Hon. Temporary Speaker.

Hon. Owen Baya.

First, I would like to inform counsel, a very learned man, to move beyond that and amend the law instead of simply throwing them out. The law allows Parliament to follow up by taking certain steps, but as it stands, the law is that we bring them here and annul them. I think you are a good legislator who the people of Suba South voted for. Although Hon. Junet says very unpalatable words about you, I think you are a great man. Please, help this Parliament to amend the law to enable us go further.

Hon. Temporary Speaker, I want to speak to the regulations that the Committee, in its report, is proposing that this House annuls. This is very important. The reason we pass laws here with a rider that the parent Ministry will make regulations, is to give effect to the law. Ministries, Departments or Semi-Autonomous Government Agencies (SAGAs) come up with new regulations and try to sneak them behind Parliament’s back, but it is very clear that only Parliament can make law and not any other body. You realize that, sometimes, they sneak in laws without our knowledge and wait for time to lapse, therefore, becoming law. I want to tell those who have been given the opportunity by the President to serve in the capacity of Cabinet Secretaries to perform their duty as mandated by law. They should create required regulations and bring them to the House as fast as possible, so that we can legislate. Sometimes, we cannot implement certain laws because regulations have not been done. You cannot operationalize the law without regulations.

Hon. Temporary Speaker, even as Hon. Gichimu is trying to distract you from what I am saying, I will give you a good example. You will recall that the Fisheries Act went into operation without regulations. For many years, fishermen in Kilifi, the Coast, Nyanza, and across the country suffered just because a Cabinet Secretary failed to bring regulations which were meant to operationalize the law. This law existed for many years before the Malindi Law Courts declared it unconstitutional because somebody failed in his duty. Today, a total of ten sets of regulations are being annulled here just because somebody did not do his job properly. It is a waste of taxpayers' time and money and a waste of the industry.

The petroleum sector in this country is very important. It is one of the sectors that we must have timely regulations because it drives almost every part of the economy. When Parliament has to now quash these ten regulations just because a Cabinet Secretary failed to perform their duty, it is despicable and should not happen in this country. I want to tell them that this Parliament is more awake than any other time. We see what they think we cannot see and discern what they think we cannot discern. I congratulate the Committee on Delegated Legislation for doing the right thing and ask them to continue doing so. Cabinet Secretaries and those who are given the mandate to develop subsidiary regulations must follow the law and do it properly so that this country and the industries that they have been put in charge of can move forward.

I support.Thank you, Hon. Temporary Speaker.

Very well. Hon. CNN? You are not on this. If there is no more interest on this…

Member for Tetu.

Thank you, Hon. Temporary Speaker. Some of us have been complaining about what we see as continued Executive overreach, especially Cabinet Secretaries and maybe even regulatory authorities, doing things that are clearly outside their mandate in law. This House has a duty ahead of it. I like what the Deputy Leader of the Majority Party has said that we are now awake more than ever. We must be alert to some of these Executive decisions that are being sneaked time and again behind Parliament's back.

Hon. Temporary Speaker, we need to redeem the image of this House, which you know is at an all-time low in the eyes of Kenyans who see Parliament as a puppet and rubberstamp of the Executive, and misaligned to what is going on in the country. It is important that when we pick up such issues, Parliament is seen to stamp its authority. I fully support this and support those who say that it should not end here. Such actions must have follow-up consequences. As they say in Swahili, “iwe funzo kwa wengine”.

Thank you, Temporary Speaker.

Very well. There being no more interest on this, I call upon the Mover to reply.

Thank you, Hon. Temporary Speaker. In replying, I thank Members who have contributed and supported this Motion. I would like to indicate that the law permits Parliament, through the Committee of Delegated Legislation, to annul where regulations have been submitted out of the requisite time. It also gives leeway to Parliament or any Member who wishes to amend the law to reprimand where people or regulatory-making authorities fail to do what is required as part of the law. I will also correct what has been said by the Member for Tetu. These regulations were not sneaked into Parliament. They were only submitted outside the timelines that are required by the Statutory Instrument Act.

I thank you, Hon. Temporary Speaker, and also take this opportunity to thank the Office of the Speaker and the Clerk for facilitating the Committee on Delegated Legislation and its Members, led by the able Chair, Hon. Samuel Chepkong’a, for the good coordination we have.

I beg to reply.

Very well. We defer the putting of the question until an appropriate time.

Hon. Members, before we proceed to Order No.11, we shall step down (ii) and deal with (i) under Order No.11.

Hon. Temporary Chairlady, I beg to move that the House reports its consideration of the Pyrethrum (Repeal) Bill, (National Bill No. 40 of 2024) , and its approval thereof without amendments.

Hon. Chairperson.

Hon. Temporary Speaker, I beg to move that Committee of the whole House has considered the Pyrethrum (Repeal) Bill, (National Assembly Bill No. 40 of 2024) , and approved the same without amendments.

Mover.

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said report. I also request Hon. Ngogoyo to second.

Thank you. We have gone through the Bill and I support it as it is.

Hon. Ngogoyo, did you second?

Apologies. I second. We exhausted debate on the Bill and agree with the Committee of the whole House.

Next Order.

This Bill was moved by the Chairperson of the Departmental Committee on Health. Who was on the Floor?

Hon. Temporary Speaker, I rise under Standing Order 95…

Hold on, Hon. Baya. Hon. Fatuma had a balance of five minutes, but she is not in the House and so, we will continue. Hon. Baya, is your contribution on this Bill?

Hon. Owen Baya

: Yes. I request you to call upon the Mover to reply. Looking at the lapse of time, people may not even recall what this Bill is all about. Debate on the Bill was done conclusively. Now that Hon. (Dr) Nyikal is here, he should reply and we move on. This is a good Bill after all.

Hon. Baya, you have made your point.

Mover.

Thank you, Hon. Temporary Speaker. I wish to appreciate all the Members who have contributed to this Bill and all the issues they have raised. I also appreciate Senators who sponsored this Bill and the support from my Committee.

This is an extremely important Bill. According to our health data, this is one of the indicators where we still need to do a lot of work in the health sector. Our maternal mortality rate is still high, which also makes the prenatal mortality equally higher. This is indicative of problems in antenatal care, delivery care and care of new-borns. This Bill addresses those issues. I expect that it comes to the Committee of the whole House soon and we eventually pass it.

With that, I beg to reply.

Very well. We shall defer the putting of the Question.

(Motion deferred)

Is the Chairperson of the Departmental Committee on Environment, Forestry and Mining present? He is not in the House. Therefore, we shall defer that Order. Next Order.

Hon. Brighton Yegon.

Hon. Temporary Speaker, I beg to move that the Tea (Amendment) Bill, (Senate Bill No. 1 of 2023) , be now read a Second Time.

The principal objective of this Bill is to amend certain provisions of the Tea Act, Cap 343, to restructure the value chain, enhance transparency and accountability in the tea sales, improve grower earnings, promote value addition, and strengthen the regulatory framework governing the tea industry in Kenya.

Hon. Temporary Speaker, the Bill aims to achieve this by providing for institutionalisation of direct sales of tea, establish a direct settlement system to guarantee timely disbursement of tea proceeds to growers, provide for incentives to promote value addition of Kenyan tea by exempting certain categories of packaged tea from levy, devolve specific regulatory functions to county governments, enhance the governance architecture of the Tea Board of Kenya, and harmonize the statutory definitions of terminologies that are employed within the Tea Act to ensure legislative coherence and administrative clarity.

Allow me to highlight the specific issues that the Bill seeks to address. First, there is the issue of direct sales. The Bill proposes to introduce provisions for direct sales of tea by allowing licensed factories or entities representing growers to engage in direct sales.

Secondly, the Bill seeks to address tea proceeds management. It proposes to establish a direct settlement system for depositing proceeds from direct sales of tea. In the case of tea auction, the Bill proposes to amend the existing law to ensure that farmers are paid within 14 days after the auction.

Thirdly, exemption from Tea Levy to provide incentive to promote value addition and diversification. The Bill proposes to amend the existing law to exempt speciality and value- added teas packaged in certain quantities from the payment of Tea Levy.

Fourthly, the Bill seeks to address the issue of participation of factories in direct tea sales. It proposes to amend the existing laws to allow licensed factories to participate in direct sales in Kenya and overseas, as well as in the tea auction.

The tea industry, being a critical sector in the economy of this country, the Departmental Committee on Agriculture and Livestock conducted an elaborate public participation that involved all stakeholders in the country who gave their views, opinions and inputs, both orally and through written submissions. The Committee considered and factored in the public inputs as contained in the memorandums while preparing the Report that was tabled in the House today.

As I conclude, allow me to thank the Senate for approving this Bill to come to this House, all the stakeholders in the tea sector for their immense input during the stakeholder consultations, and Members of the Departmental Committee on Agriculture and Livestock for their effort in refining this Bill to ensure that we deliver an appropriate Bill for the tea sector.

The Tea Amendment Bill 2023 introduces progressive reforms that are consistent with the constitutional principles and national economic agenda. We recommend that, subject to minor drafting, refinement and amendment, which the Committee and Members of this House might move, the Bill be approved for enactment.

Hon. Temporary Speaker, recently, there was a release of the second payment, which is called “tea bonuses” for our tea farmers. The performance of the tea industry was very dismal. Three years ago, tea farmers got a second payment of almost Ksh31 per kilo. Last year, tea farmers got Ksh20 per kilo, specifically in my region. This year, tea farmers got Ksh12 per kilo in the West Rift. That is where the factory I submit my tea is located. There is variation and dismal performance, especially from the factories in the West of the Rift Valley.

The performance of factories in Central, Meru and Embu regions has also declined in the last three years. Many variations and factors contribute to this decline. These are the issues that we are trying to sort out. We are trying to enact this Bill so that in the future, it can assist our farmers in getting better returns per kilo.

More than 700,000 smallholder tea farmers depend on tea returns. From the 700,000 smallholder tea farmers, this country received more than Ksh215 billion in foreign exchange last year. In the previous year, the country received almost Ksh175 billion and this year, the country received more than Ksh230 billion. Tea is the third highest foreign exchange earner. It is a cash crop that we need to protect. That is why we have come up with this Bill, so that it can assist our farmers to get higher prices per kilo.

The reasons for the dismal performance of our tea industry, and especially tea factories from the West of the Rift, include high cost of production in our factories. Secondly, there are issues of staffing. Most of the factories in the West of Rift Valley are overstaffed, and they employ relatives. That is why the cost of production goes up, which means the money that gets to the farmers’ pockets becomes less. Another reason is inflated wood fuel. These are among the factors that we are currently investigating. In fact, I saw a draft Motion seeking to constitute an ad hoc committee of this House to investigate the value chain of tea and establish where the farmer loses from the entire tea industry value chain.

There is another issue involving hydropower. Seven factories in the West of the Rift Valley contributed almost Ksh138 million to build Setet and Kipsonoi hydropower plants but, to-date, none is complete. In fact, two years ago, almost Ksh200 million was dispensed for the Kipsonoi plant for mobilization but, to-date, nothing has happened in that particular construction of the hydropower. That is why we are asking for a forensic-audit so that we can establish where farmers' money went. We also need to know the timelines for completion because, if the hydropower plant had been completed, farmers would have enjoyed lower costs of production and saved money as a result.

There are issues to do with tea testing. Farmers are complaining that in this day and age, we are still testing our tea using organoleptic means, which is testing by the mouth. Someone who was busy taking whiskey the previous night is expected to taste tea the next morning. In other cases, a tobacco user is expected to taste tea and value it. Those are the issues that farmers from the western region are complaining about. They suggest that we shift from organoleptic testing to scientific or blind testing.

Even our national exams are a blind test. Students only indicate their index number on the examination paper. The name and the school of the pupil sitting for the examination are not indicated to avoid bias on the part of the person who is marking the exams. For example, if I come from school X and I am marking an exam for a student in the same school, who happens to be my son or daughter, I will be biased in some way. That is why we have to shift from organoleptic testing to either blind or scientific testing. I applaud the Tea Board of Kenya (TBK) because they are currently seeking support from the Departmental Committee on Agriculture and Livestock to appropriate funds to build scientific laboratories to test our tea and have it valued properly.

I am happy that the Bill is introducing direct sales, which means that factory directors or the factory management will directly negotiate with buyers from outside or within the country, and sell their tea without going through the tea auction. We only consume 5 per cent

of the tea that we produce in Kenya and export 95 per cent to mostly traditional markets. We still have not shifted from the markets that we found in 2000 when the Kenya Tea Development Agency (KTDA) was still an authority. We have not shifted to new markets. We want to shift from traditional markets by empowering the TBK through this Bill, so that they can venture into new markets and negotiate direct sales for our tea.

The Bill also seeks to empower the Tea Research Institute (TRI) so that it can do proper research on crops that can produce the best value-added orthodox teas like green tea, purple tea and others.

Some of the challenges that we are experiencing in our factories are to do with the merged accounts. Many factories in the West-Rift are lumped together. Kapkoros Tea Factory has given birth to other factories; namely, Motigo, Olenguruone and Tirgaga tea factories, among others. Calculation of payment is based on an average figure despite the performance of each individual factory. If farmers from Motigo Tea Factory work hard and get a positive of eight, and farmers from other factories do not work as hard and get a negative result, payment is still based on an average figure, which pulls down the farmers who have worked hard and picked the right tea quality, which is two buds and a leaf. Other farmers may not have considered picking the right tea quality. This demotivates the farmers who worked hard and kept the promise of keeping down the production costs.

Many factories, especially in the West-Rift, have borrowed loans to settle the second payment based on the volume and valuation of tea in the warehouses in Mombasa. With the introduction of this Bill, we want tea bonus payments to be valued and paid quarterly, so that farmers can enjoy their returns in the same quarter. Payment of bonuses at the end of the year is not ideal because there are usually many stories such as wars in various countries, which contribute to the minimum earnings that farmers get in that particular year. We want tea farmers to enjoy whatever they earned in a particular quarter. The KTDA or any other management agency should do their calculations and give farmers their second payment on a quarterly basis, so that they can enjoy it.

With those few remarks, I beg to move.

Who is seconding you?

Hon. Temporary Speaker, I want Hon. Sabina Chege, who is also a member of the Departmental Committee on Agriculture and Livestock, to second.

Hon. Sabina Chege.

Thank you, Hon. Temporary Speaker. I am also a tea farmer. I am happy to be seconding this Bill. I am also a member of the Departmental Committee on Agriculture and Livestock.

This Bill is not for farmers from the eastern or western part of Kenya. Its purpose is to address the issues facing tea farmers across the country. I would like to inform my Vice-Chair that it does not matter which region you come from. All the farmers are tea-growers. Some of us went to school, courtesy of that cash crop.

Hon. Temporary Speaker, I know where you come from. Were it not for the tea plantations, you may not have seen the door of a high school. We have had challenges and success stories within the tea sector, but this Bill is very specific on some issues. An example is the value chain. The Bill seeks to enhance transparency so that it does not matter where the farmer comes from or the number of directors representing farmers at the Kenya Tea Development Authority (KTDA) . There will be transparency on the amount of money raised from the sale of tea, how the money is used and how much money belongs to the tea farmer. Accountability has been encouraged in this Bill, especially in the sale of tea from auction. Therefore, this Bill aims to improve tea growers’ earnings.

The Bill also aims to improve on value addition. We have very good varieties of tea in Kenya. However, very few companies add value to our local tea by packaging it as Kenyan tea. Most of our teas get to the market as tea from other countries and yet, it is Kenyan tea. It is important that the factories that make more effort in value addition are exempted from some levies and taxes to encourage them to market Kenyan tea. Yesterday, I passed by the supermarket to buy tea leaves. I was very proud to see some Kenyan-owned companies packaging detox tea, night tea, morning tea and moon tea. I was very impressed that even the dawa that we buy expensively in restaurants is now in the market - made in Kenya. This is what we should encourage. I am very sure that we can fetch more for farmers if we add value, instead of taking our tea to auctions in form of bags.

This Bill will strengthen the regulatory framework that governs the tea industry. As we talk about encouraging direct sales, we should know that our farmers have become almost slaves to the banks. When children go back to school, our farmers rush to the local banks to take loans based on the payslip from the previous bonus or monthly income. The bank managers are always happy. They quickly give the farmers loans at very high interest rates.

Apart from the small monthly earning that tea farmers get, there is some amount that they normally divide with tea pluckers, who are also very expensive. That means the farmers get almost nothing at the end of the month. So, when this money is kept for the farmer, it becomes a total loss. This is because when farmers are paid bonus at the end of the year, they go back to the bank where the money passes through only to find that they have negative balances because of the loans. The farmer is left with no alternative but to borrow again. Tea farmers have become slaves to commercial banks.

As we encourage direct sales, there is also the issue of timely payment to tea farmers. We should make sure that once the tea is sold at the auction, the farmers are paid their money within 14 days. We should also encourage that bonus is paid quarterly. We know that our children go back to school in January, May and August - the beginnings of the three academic terms in a year. If the bonus is paid quarterly, farmers will have no business borrowing loans because they will be having money and they can plan for it. Sometimes, there is also misuse of money when the bonus is paid.

We are just a few valleys from where you come from. That is where we had men disappearing during Christmas and showing up in January or at the end of December, broke and beaten because they took their money elsewhere. They would go there and take some alcohol, get a bit confused and forget that they had wives who had toiled very hard to make sure that they got the tea proceeds.

Hon. Temporary Speaker, I hope this Bill will cure that problem. I hope that, as the Tea Board comes in, it will address the many challenges that my Vice-Chairman has alluded to. They are not part of the Bill, but he took the chance to allude to the challenges that tea farmers are facing. Last year, when the US Dollar was strong, we had very good payments. However, this year, since the Dollar has remained at Ksh129, it has affected our farmers' payments.

There are also other challenges such as the issue of fertilizers. Some tea factories are very old and, therefore, running their machines that keep being repaired is costly. I hope the Tea Research Foundation will fast-track a remedy. There is orthodox tea. We hope that, very soon, the President will come and launch the orthodox line at Ngere Tea Factory. Farmers who harvested orthodox tea got very high returns compared to the ordinary black tea that we are used to. It is high time the country carried out research to help our farmers improve.

Some of the bushes we are still plucking today were there when I was born and, therefore, the quality is compromised. If we do not follow the rule of plucking two leaves and a bud, we should also not expect to get good quality tea and good prices. Let us encourage one another and learn from where we have failed so that we can improve.

I hope that when this Bill is debated and passed, we will no longer hear stories of tea from the West or from the East but rather, we will hear about tea growers from Kenya and about equality and equity where a farmer can clearly tell the quality and price. Transparency should also be encouraged.

Hon. Temporary Speaker, as I second, I request the House to pass this Bill so that the quagmire, confusion, rumours, propaganda and even the politicisation of tea stops.

Thank you, Hon. Temporary Speaker.

Very well.

Member for Tetu.

Thank you, Hon. Temporary Speaker. Half of my constituency grows tea, while the other half grows coffee. Anything that we can do at this time to alleviate the plight of our farmers, as a House, will be adding value to the lives of Kenyans.

It is true that in the just concluded Financial Year, there was a huge discrepancy in payment of tea bonuses. Some factories in the West of this country got very low returns while others did fairly well. Both the Mover and Seconder of this Bill have attributed some of the reasons to the advanced age of the factories, quality of the tea and the age of tea bushes. There are many factors that lead to some of those things but, more importantly, is the management of factories.

Gathuthi Tea Factory in my constituency had the third highest payment in the country. I must openly congratulate the directors. It is an old factory, but they have continued to work hard to deliver Ksh57.50 per kilogram of tea in bonuses, which was the third highest in the country. It is important that we also address the issue of management. Many of those factories have borrowed left, right and centre from banks and part of that money was misused. They are now paying high interests on some of the loans, which erodes farmers’ earnings.

We also know that there is infighting within KTDA, which has persisted for a long time. Thankfully, it has now been settled. To a large extent, that has compromised the whole management of the tea sector.

Hon. Temporary Speaker, any Bill that seeks to improve the plight of farmers, especially the provision to pay bonuses quarterly, is a game changer. I am a tea farmer. I have a very small piece of land for tea growing. The money I get monthly is not even enough to sustain the person who picks it. As a tea farmer, I wait for a whole year, with all my problems, for that magical thing called “bonus.” As the Mover and Seconder of the Bill have said, we have children who need to go to school. If you go to many of the tea growing areas, you will find that the farmers are poor.

Hon. Temporary Speaker, how would you feel if Parliament told you that you would be earning your salary only in December for the whole year? The bonus issue is a strange invention. How do you ask a person to toil on their farm every day, then the only reasonable payment they get is after one year and yet, we know that tea is sold weekly and monthly?

Gathuthi Tea factory, which is my factory, has reported to me that they do not have even a single bag of their tea for September in Mombasa because they have high quality tea. It has already been sold. Why should that farmer wait for a whole year to receive his dues? We are impoverishing our people through an ancient or archaic system of paying bonuses yearly. This Bill and very many other progressive pieces of legislation that have been added to it should be embraced in this House. Maybe, we should even consider direct settlement system like what we have been fighting for coffee farmers. When my tea is sold, the kilos are known and there

is a formula. I get my money through M-PESA. This will encourage more farmers to embrace tea growing.

This is a progressive Bill which deserves the support of all of us in this House. We hope there are no hidden issues. I trust the Mover since he comes from a tea growing region. Sometimes, we have huge Bills brought to the House in respect of which we are only told the positive aspects while some aspects with serious consequences are hidden inside. Because I know he is looking for re-election, he cannot afford to....

Member for Tetu, that is why you must also read the Bill.

Hon. Temporary Speaker, I have read bits and pieces of the Bill. It is a big Bill. The Mover comes from a tea growing region and he is also seeking re-election. He and I cannot afford to mess up our tea farmers.

With those remarks, I support the Bill.

Member for Kitui Central, Dr Makali.

Thank you very much, Hon. Temporary Speaker, for giving me an opportunity to contribute to the debate on this Bill. It is obvious that where I come from, we do not grow tea, but I support this important Bill.

I have listened to those who grow tea. They are telling the country that they face challenges in terms of payments. Our farmers toil the whole day to ensure that there is tea. At the same time, we all know that Kenya produces very high-quality tea that is liked all over the world. In most cases, it is used to improve the quality of tea from other countries. That being the case, we expect our farmers to get good returns for the tea. However, you can hear from those who wear that shoe that things are not working. That is why this Bill becomes very important. Members support it, including those who do not grow tea like myself.

Why am I supporting this Bill? When the farmers do well, farmers from Kitui and the entire South-Eastern part of this country - who grow ndengu - will also benefit as the next group. Kenyans from all over the country grow different crops, and others have their economic activities. Looking at people in the Lake region, they have the fishing sector as their source of income.

What we should be doing as a House is to ensure that we put in place strategies, structures and, if necessary, legal frameworks, to ensure that whatever economic activity Kenyans are engaged in, the returns are optimized. In that case, we will be helping it. Looking at the history of this country, tea, coffee and sugar farmers have actually benefited a lot since Independence. Those who depend on the blue economy – and I can see Dr Nyikal and Hon. Owen Baya are here – started benefiting only the other day. Blue economy is a new thing in town. Those who are growing ndengu like us are yet to benefit. Members will remember the Mung Bean Bill that was sponsored by my Senator, which did not get the approval of Parliament. It died a natural death.

Therefore, even as I support this Bill, I would want to see a situation where even us who will be proposing Bills relating to our crops are also supported. This will ensure that, at the end of the day, it does not appear like some people are being favoured in this country. I sit in the Budget and Appropriations Committee and we have a fund for coffee farmers, where every year we put about Kshs3 billion to support coffee farmers. This is another Bill which is targeting tea farmers. In the past, we had the sugar farmers being bailed out by the Government using public resources. We, therefore, need to come up with an equitable way of ensuring that each region of this country benefits from some of those incentives.

I support the Bill. It is my wish to see tea farmers getting better returns for their tea. This is because Kenyan tea is internationally recognized as one of the best in terms of quality. That being the case, it is very unfair that people just do a minimal value addition and they get

ten times returns compared to what the farmer, who on a day-to-day basis is in the farm, gets. That unfairness should be addressed through the passage of Bills like these ones.

Once this Bill is enacted, the next step is implementation. We have Bills that were passed in this House many years ago but, to-date, some of them have not been operationalized. Many of them are still gathering dust in the shelves. My prayer is that once this Bill becomes an Act of Parliament – and I can see very good signs that it will - the issue of making it operational is taken up very seriously. We can then ensure that our colleague, who seems to be the only survivor from that region in the last election, can survive again for the third term by championing this Bill. I wish him well because I know he is a good legislator.

I have heard what Hon. Ndeto, Mheshimiwa from Nyeri has said. I see a situation where this could also provide an opportunity. Hon. Temporary Speaker, I also know that from where you sit, you also have an interest in this Bill because of where you come from. We wish you well. We will be supporting this Bill so that our colleagues can have that opportunity to help their farmers, but indirectly also help themselves.

With those many remarks, I support.

Very well. Member for Runyenjes, Hon. Eric.

Thank you, Hon. Temporary Speaker, for giving me an opportunity to contribute to this very progressive Bill. I represent a constituency where tea is grown in large scale. For the avoidance of doubt, I am the Member who represents people who sell their tea at the Rukuriri Tea Factory. This was the best factory in the entire country in terms of the amount of money paid to farmers. As the Hon. Vice- Chairperson was complaining that some people got better bonuses while others did not get as much, we are the people who got relatively more than them. I thank him for this Bill because it will help our farmers to get more returns from it.

The Bill speaks to the issue of direct sales for tea by allowing licensed factories to engage in direct sales. Most importantly, the Bill proposes a sales settlement system so that after tea is sold at the auction, payment is done within 14 days. I do not see the reason why tea is bought in January but farmers have to wait for their money for 10 or 12 months to be paid the same money that they earned many months ago as bonus.

I am a tea farmer. I represent a constituency that has coffee and tea farmers. The coffee farmers are already benefiting from the direct sales settlement system because once coffee is bought at the auction, payment is done within 14 days. For instance, the coffee that was sold between April and July has already been settled and paid. I believe, should our tea be sold and payment settled within 14 days, then factories and directors will have a responsibility to pay the farmers their money in good time. Farmers have bills to pay and children to educate. The more they keep the money, the more they create opportunities for their money to be squandered by rogue managers and directors.

I believe that this law is very progressive. It also provides for exemption from tax for the factories that do value addition. Nowadays, we have seen so many factories, including Mungania and Rukuriri Tea Factories in my constituency, that are already engaged in value addition. Exempting those factories from payment of tax for products that are value added means that there is more income to the farmer. Our people are engaged in farming so that they can get more income from farming activities.

Earlier today, I rose to request for a statement regarding the delayed payment of milk farmers. Those who are doing tea farming are the same people who are practicing coffee and dairy farming. The common issues that we must address as a Government and leaders is that of timely settlement of dues owed to farmers. How do you explain a situation where a farmer has to deliver their products like milk but, four months down the line, they have not been paid and yet, they have household bills to pay?

Once this Bill is enacted, through its direct-sale settlement system proposal, it will help farmers to get their money in time so that they can attend to their other responsibilities. I believe that since it has worked in the coffee sector, it is also going to work in the tea sector. We now have more people planting coffee in my constituency because they are now getting better income from coffee. I believe that tea farmers will get help from this progressive Bill.

With those remarks, I support.

Hon. Baya.

Hon. Temporary Speaker, just like Hon. Makali Mulu has said, I want to put a disclaimer that we do not grow tea where I come from.

However, when we were in school, we were told that tea and tourism were some of the high foreign exchange earners. As a country, we benefited. I remember there was a time in the country when the two words, coffee boom and tea boom, were very important. At that time, the economy of this country was booming because of what was happening in the agricultural sector. That time, there were good farm inputs and farmers were encouraged.

To say it from the bottom of my heart, this country grew from tea and coffee. That is where it sprang from at Independence. Tea became a household commodity. Every family had tea in the morning, the British way, including Hon. (Dr) Nyikal’s family. Many families in this country take tea in the morning because it was such a fundamental drink. It was part of the Kenyan staple food, if I may put it that way. Arising from that, families actually got an opportunity to be who they are. They were able to take their children to school, build nice houses and grow wealth. In the history of this country, people who became very wealthy got their wealth from tea.

That was the time when investment in the agricultural sector was limitless. There was a lot of investment in the agricultural sector unlike today when the agricultural sector has taken a back seat and yet, we are still a very agrarian economy. We are not investing in what is fundamental to us. Economist Hon. Makali Mulu will support me on this. Show me your budget and I show you your direction. There is a maxim like that in economics. If you do not invest in a certain area, you cannot grow in that area. You do not just wish you will grow. You have to invest for you to grow. Investments that have been going on in the agricultural sector are very minimal. That is why tea farmers are suffering more than farmers in any other sector. Because we have stopped investing in agriculture, this country’s economy has stagnated. For you to grow manufacturing, you must invest heavily in agriculture so that you have raw materials to take to factories. That way, factories can grow and employ more people. You can do value addition. That is correct economics. If you want to grow factories but you are not investing in agriculture, then it cannot happen. You will start having more superfluous factories that do not do much. For example, the Economic Processing Zones (EPZ) would have done better if we were stronger in the producing of cotton. We no longer produce cotton. What do we do? We import materials, make clothes and then export. It does not help the economy. We should generate wealth from the land. This is where tea is important. It generates wealth from the land. If you generate wealth from the land, then you grow an economy upwards and, of course, horizontally and everybody gets a pie and we reduce the poverty levels.

There was a time when where Hon. Wakili Muriu comes from, they used to grow tea. I know they grow tea there. I have been there and I campaigned for him when he was trying to be a Member of Parliament. He now thinks he is clever than his campaigner. Listen to my words, my friend.

He is a lawyer.

He is a lawyer, but listen to my words, my friend. I will not come to campaign for you again. I want to tell you this.

Hon. Owen, you address the Speaker.

Hon. Temporary Speaker, I want to tell Hon. Muriu, if he insists on his people to grow tea and he ensures his...

Member for Tetu, what is out of order?

Hon. Temporary Speaker, there is a good reason why Hon. Owen will not be able to campaign in Gatanga. Gatanga is clearly ‘Wantam’.

Hon. Wakili Muriu is my friend. I was there. I know almost all his four homes. I have been there campaigning for him and taking tea in his house. He is a wealthy man. God has blessed him and he is sharp. He is a brilliant person.

Hon. Owen, back to the debate.

Hon. Temporary Speaker, back to the debate, what I am saying is that this is very important for the Member for Gatanga. Tea is very important for the wealth of his people. They should not be going to his office to ask for bursaries if they can grow tea. People should not go to Hon. Brighton Yegon’s home to ask for school fees. This is because tea farming should be able to cover their school fees. I believe the issues are addressed in this Bill, and I like that this is an Act of Parliament amending the Tea Act to provide for the direct sale of tea. If we do away with those middlemen who have bogged down the tea sector, we will make the tea farmers richer.

The other thing that is happening is the amendment to the payment system regarding the payment of tea proceeds. Hon. Donya, although she is not here, in the earlier part of this Sitting, raised the issue of tea bonuses. Why should we wait until December to pay tea bonuses? What will the people be doing in between? We need to address payment systems and the price of tea.

More importantly, we should make deliberate investments in the agriculture sector, and this is the House that gives out money. Why are we giving money to other areas while denying the tea sector funding? Yet, if we invested in this area, there would be big growth that would touch everybody. Hon. Brighton, if I am not wrong, a majority of the people in this country live in the tea-growing areas. If you look at the population distribution, you will realise that the areas where tea is grown have a higher population than other areas. Now, if you invest in areas with a higher population, that sector will grow, and everybody will have money in their pockets.

I want to thank Hon. Brighton Yegon and his team, as well as the people from the tea- growing areas. I want to tell them: This is a battle you must take to the last drop - the fight to liberate the tea sector, make tea what it was before, and take the tea economy to another level. If we invest in tea, we will make this country's economy more vibrant, reduce the number of poor people, and put money in their pockets.

Hon. Mukunji is a good friend of mine. I was once appointed as his mentor in this Assembly. After leaving my hands, I can assure him that he is going to drown very soon.

But the teacher is still around. I can still tutor and take care of him. I admire Hon. Kiunjuri. He is a young man and was once the Cabinet Secretary for Agriculture. I like that he is here so that we can learn a lot from his experience as a Cabinet Secretary. I think he did something significant in the tea sector. Therefore, his contribution is very significant to ensure that we address the issues of tea and other crops. For example, the leaders in my area watched as the cashew nut and coconut sectors died. The factories were closed as they watched and clapped

for Moi. They did nothing as the cashew nut, coconut, and castor oil sectors were declining. They sat and watched, thinking that just being in Government was enough. I want to tell the Members here, it is not enough. Fight for your people. Fight for the...

Thank you. Next is the Member for Ruiru, Hon. King’ara.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to share on this very important Amendment Bill. I want to start by declaring that I am a beneficiary of tea products, particularly in matters of education. Those bonuses were very fruitful. But I want to pose a question: When somebody is happy - or when people are happy - they say: 'Let us have a cup of tea.' Then I ask myself: Is the producer of tea as pleased as the consumer? I do not know whether people ever ask themselves that question. Ironically, you are happy with something, while its maker is not. Let us reciprocate the same way.

I will not blame whoever came up with the old laws which had been managing tea. But now we live in an age where everything is real-time. In those days, people needed middlemen to reach the next level. Nowadays, you do not need them. If you want to meet someone in Brazil, you can have a real-time virtual meeting. Why would you need someone to do that for you when you have a phone that can do it?

Remember the other day when we broadened the use of computers in our country. Every ward should have an ICT hub. That is what our young ones should be doing, rather than being middlemen. They can sell their father’s or mother's tea through their computer. Why do they need somebody else when they have gone to school and learnt those things?

So, this Bill is very timely. We need to be very positive about it. I have just seen it. We might have some amendments that will broaden the engineering of the Committee that came up with this very good and important Tea (Amendment) Bill, (Senate Bill No. 1 of 2023) .

Secondly, things work well when there is an incentive. I appreciate the Government’s efforts in introducing subsidised fertiliser. That is an incentive on the production level. It can move forward and develop other incentives, especially after adding value to the tea. The system should accommodate this by making some taxes lighter to become more competitive. If we are not competitive, we will not achieve market stability. Another thing I know is that Kenya's volcanic soil produces very high-quality tea. What happens is that people out there buy our tea, then use only a small amount to blend their own. What if we pack our own tea with that quality? Farmers would be happy and energetic if that came our way. It is our responsibility, since we have the Floor, to sit and propose substantial amendments that will support our farmers out there and the community at large. I support.

Thank you, Hon. Temporary Speaker.

Very well. Member for Seme.

Thank you, Hon. Temporary Speaker, for giving me the opportunity. Although I do not come from a tea-growing area, I do appreciate the economic importance and significance of tea in this country. As the Mover said earlier, a big proportion of our foreign exchange every year actually comes from tea. It is such a significant proportion that, if we did not have it, we would probably not have a balance of trade. As this is going on, it has been noted that, as the Mover said very clearly, the industry's performance is gradually diminishing.

Often, the first indicator that an industry is not doing well is the performance of the farmers, the leading actors in the industry. It indicates that, depending on any part of the country, the farmers are not getting the value for their work.

Tea is such a serious socialiser that whenever we want to interact, we say: "Let us have a cup of tea." But is the farmer having an equal enjoyment as the people who are partaking of the tea or as the people who are actually involved in the business? It has become clear that all those issues stem from how we run the industry, starting with management. It is clear that

production costs have gone up, and management is poor. The Mover said we have cases of over-employment in industries, and that human resource issues are not managed professionally.

Additionally, the Mover indicated that we are even using obsolete equipment in our factories that are not doing well, and efforts to build new factories and improve power production are actually failing, and we have never got there. So, it means we are increasingly going to have higher production costs. It is indicated that the methods we use to grade our tea are archaic; we still use our tongues to grade it. I did appreciate it when he said: “It depends on what you did the previous day with your tongue, if you are going to grade our tea today”. We really cannot afford to live in that era with a product that is so important to us. I, therefore, rise to support this Bill because it addresses those issues.

As you can see, starting with clause 2, on definitions, clause 11 discusses the direct sale of tea, defining what it is and ensuring that farmers get better and quicker returns. They have proposed that the payment be made 14 days after the auction, and that the bonus be paid quarterly instead of annually. Therefore, those are things that farmers need. We are offering annual bonuses, and farmers have to rely on bank borrowing, which is not the best option for business people. Therefore, even when their bonuses come after the end of the year, the interest will have consumed all the benefits they would have had. So, I think this Bill is important.

Again, if you look at the definition in clause 2(d) - where they are talking about the exemption on value addition and defining what value addition is - that is extremely important for improving farmers' returns. More importantly, Hon. Temporary Speaker, clauses 4 and 5 actually restructure the board that manages this. I think if you look at the board's structure, getting independent tea producers who feel the pinch of this on the board is extremely important. So, I support this Bill. We will have to look at it in detail when we come to the Committee of the whole House.

Thank you very much. Member for Gatanga.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this very important Bill, which affects our people. Gatanga is one of the leading tea-producing constituencies. We have two factories, Njunu Tea Factory and Ngere Tea Factory. The backbone of Gatanga's economy is tea and coffee. Therefore, I would say this Bill has come in timely.

First and foremost, I support the proposal to pay farmers’ bonuses quarterly rather than the current annual payment. This is very progressive because the shilling is more valuable today than it will be 12 months from now.

Secondly, I do not think that farmers benefit from the interest earned from the Kenya Tea Development Agency (KTDA) when the money has been kept for them for 12 months. Therefore, this Bill is progressive because it will strengthen tea production in all regions in Kenya. I support that clause.

I also support Clause 13, which provides: “13. The principal Act is amended by inserting the following new sections immediately after Section 36– 36A. (1) A licensed factory or management agent approved under Section 34 may undertake direct sales.

sale price must be higher than the highest price recorded at the auction within the three months preceding the sale. That cushions the farmers against exploitation.

I have a few reservations about the Bill. First, the Government introduced subsidised fertiliser. During my conversations with the factories, they told me they were instructed to proceed and procure fertiliser, and that the Government would refund them for any amounts spent above the subsidised price. Factories in this country are owed Ksh4.8 billion in costs of subsidised fertiliser. The Government has not refunded them. What did they do? They went to the banks, borrowed the money, and are still paying interest on that money. The fact that the Government has not repaid that money to farmers, factories or KTDA means the gains under the Act will be eroded. Therefore, at the right time, I will table an amendment to the effect that if the Government introduces subsidised fertiliser, their portion must be paid in advance, so that the gains brought about by the Act are not eroded.

Secondly, we lost a market in Sudan worth Ksh64 billion. So, the 2025 bonuses were low because of that. How did we lose it? The Government went ahead to work with the militia in Sudan. The Government of Sudan said that if Kenya was doing business with the Janjaweed militia, then they would ban our tea in their country. I want to urge…

On a point of order, Hon. Temporary Speaker.

Member for Laikipia East, what is out of order?

Hon. Temporary Speaker, I am just wondering whether Hon. Muriu, whom I respect a lot, is in order to issue a statement that he cannot substantiate, that our Government is working with people who are fighting another government. Can he substantiate his statement?

Hon. Temporary Speaker, this information is in the public domain and has been reported in every newspaper. In short, as we proceed to improve the tea industry in our country…

Hon. Member for Gatanga, a point of order has been raised, but you have not addressed it. Member for Kilifi North.

Hon. Temporary Speaker, I want to let the Member for Gatanga know that the Standing Orders do not allow anyone to use information from newspapers to support a point in this House. If his only justification for what Hon. Kiunjuri has raised in the point of order is that the information is in the public domain and in the newspapers, he should be cleverer than that! Please! The Standing Orders are very clear. The Member should withdraw what he has said and apologise for bringing up issues of one country against another in this House.

Hon. Owen, do not do the work of the Temporary Speaker. Raise the point of order. Hon. Muriu, can you substantiate and also note that the Standing Orders do not accept newspapers as sources of information? So, be very careful about the utterances you make on the Floor. If you are unable to substantiate, kindly withdraw, as this is a serious diplomatic issue. Kindly take note and either substantiate or withdraw.

Hon. Temporary Speaker, sometimes the truth hurts. When KTDA announced payments for 2025, it said it had lost a market. I am trying to help Hon. Baya here.

Member for Gatanga, the issue of lower payouts is not in debate or in question. It has not been challenged. The problem that has been challenged is the diplomatic relationship between Kenya and the Sudanese market.

Hon. Temporary Speaker, if you want me to bring information, give me time, and I will bring that information to the House and

substantiate it. Hon. Baya started well by supporting tea farmers in my region, but when we talk about the loss of markets in Sudan, he suddenly goes on fire. We know who he is acting for, and we know who…

Member for Gatanga…

I would like to go to the second point.

Member for Gatanga, just for direction, the issue of working with militia will be expunged from the Hansard until you can bring proper information to the House.

I am much obliged, Hon. Temporary Speaker. I will bring substantive information.

Secondly, my reservations are on taxes. Although there are no direct taxes on the tea itself, there is an element of tax on the packaging, transport and fuel. Developed countries subsidise their farmers. The farming business has no money. Therefore, we would like to see more subsidies rather than more taxation in the tea industry.

Thank you, Hon. Temporary Speaker.

Very well. Hon. Caroli.

Thank you very much, Hon. Temporary Speaker. I will try to be very brief. I come from a country that grows tea. I do not like this statement that I come from a region that does not grow tea. We are Kenyans, not regionalists. So, I come from a country that grows tea, and I am pleased about our tea-growing areas.

I want to raise two historical issues and propose how best to address them. The reason we have certain structures in the tea industry that do not clearly benefit the farmer is historical. Remember, colonialists introduced tea, and Africans were not allowed to grow it. There are reasons why certain regulations were put in place from that time to now, and the way the market is structured as an auction rather than a tea exchange, as they have in other places.

In this country, we used to have the Exchange Control Act. Many people wanted to steal from farmers so that they would delay payments until the end of the year. They could manipulate the exchange receivables to see how much they could keep out of the country, how much they could declare, and how much they could pay the local farmers.

Hon. Temporary Speaker, if we understand that these two are the original scenes in structuring the tea industry as it is, then we should be very bold. I am not sure that having a tea auction - like the one we have - will help the farmers if our concern is the immediate settlement of their receivables. We should then propose a tea exchange with immediate settlements. After selling your tea at the exchange, there is no reason a farmer cannot walk out with payment within 24 hours or an equivalent promissory note that he can walk into a bank, discount and get payment. We should not even wait to pay farmers quarterly if we have a tea exchange. This is what happens in developed markets where you have coffee exchanges, tea exchanges and other exchanges.

The difference between exchanges and auctions is the time required to complete settlements. If we are truly serious about helping farmers get their payments on time, we should seriously consider establishing a tea exchange rather than a tea auction. A tea auction is a gatekeeper role held by brokers and various other interest groups. An exchange is more transparent where the tea factories declare what they have sold for that day. It is tested, sold, and settlements are done within 24 hours. Money is distributed to the farmers. In other words, they will be receiving their money daily. With modern technology, record-keeping should not be difficult if you have a tea exchange. That is something we need to consider. I support the initiative. Hopefully, I will get one of my brothers who is familiar with this business, and we will work on an amendment.

With those few remarks, I support the Bill. Other Members would like to contribute. Thank you.

Thank you very much. Member for Laikipia East, Hon. Mwangi Kiunjuri.

Thank you, Hon. Temporary Speaker. I also rise to support this Bill, which is very important and timely. I am happy because most of us are tea consumers. As a country, we pride ourselves on many things. For instance, we are coffee, tea and flower farmers. We also dominate the international market because of the value of our products.

We have really discussed this issue for a very long time. I remember being the Cabinet Secretary for Agriculture; the problems that were coming up are the same ones we are discussing today. If you ask anybody about the problem with the tea farmer in Kenya, they will tell you it is about the market and management.

A lot of reforms have taken place, but the more we reform, the more we continue complaining. I am happy because this Government has taken the initiative to support farmers in this country. They have been given incentives such as fertiliser subsidies. There have also been many management changes. However, if you look at the complaints that we have, we should ask ourselves whether we are doing the right thing when it comes to public participation by enlightening our farmers. There have been debates about discrepancies in who was paid how much and which factory was paid more than the other. Do we still have extension officers who train our farmers not only in value addition to the finished product but also in grading, so that our farmers are aware of the consequences? If they do not follow the correct farming methods, like plucking methods, what will be the consequences? This will enable farmers to avoid going to the farm and plucking their tea without knowing the consequences of their actions.

Regarding marketing, why do we still market raw tea internationally? Have we tried to encourage investors? Do we have the right atmosphere for investors to come to this country? What we are doing with our tea or coffee out there can also be done in Kenya. If you look at the factors supporting factory production, like value addition, they are all here.

You cannot say that a mineral is required from somewhere to mix with our tea to make proper tea that can get to the market. What are we doing to encourage our competitors and investors so that, even if they are given a moratorium, they can recoup their investment and save our farmers from those who are oppressing them?

Over the last three years, we have stabilised the dollar and our foreign exchange earnings through the international coffee and tea markets. The economic benefits from this are spread across the country. Why do we not have affirmative action to ensure that those farmers are also taken care of, since they take care of this country? While other countries are struggling with the dollar, this country has been stabilised for the last three years, and those products will continue to stabilise our dollar and foreign exchange earnings.

Why are they not paying promptly? There is also ‘monkey business’ involved. Who benefits when farmers' money gets into an account, and that money is not paid in 30 days? Who are the beneficiaries? Why would one, as a manager, be interested in keeping farmers' money in the bank when we know banks do overnight lending? If a billion hits an account in any bank in this country, that bank starts earning interest on that money immediately. It is the same money that those banks use to lend to the Government. Why would you give them capital to continue making money when our farmers are suffering?

Those are simple questions. Who has an interest? Who is the beneficiary when the farmer is not paid promptly? Who benefits? Those questions can easily be answered, but, as usual, when you talk about corruption and management in this country, those are the ones we need to understand.

Why do we not have a system that can pay promptly? We have been informed that coffee farmers are now receiving their money on time. What is the difference between a coffee farmer and a tea farmer?

We should find a way forward to ensure our farmers are properly supported. We should put the systems in place. The county governments should work alongside the national Government so that our farmers are supported from growing tea to the international markets where they sell it.

With those few remarks, I support these amendments.

Very well. Member for Manyatta, Hon. John Gitonga.

Thank you, Hon. Temporary Speaker. I also rise to support this Bill.

I come from a place where coffee is among the highest revenue earners for our people. In Embu, we have four factories. We have Kathangariri, Rukuriri and Mungania tea factories. Whenever a bonus is around, even the Wazees in the village feel good.

This Bill, which seeks to curb market liberalisation, will help address the various fake issues that arise around the tea auction and KTDA. Direct sales will really help us ensure our marketing is faster and that farmers receive their returns in record time. Kenya is among the leading exporters of tea, with sales of 400-500 metric tonnes per year.

As we look at this, we should also consider over-legislation across the many sectors of the economy and the implementation of the laws that we pass in this House. While we support this Bill, it is also important to note the bonuses that were paid. One reason I support the Bill is that, instead of tea farmers waiting for close to a year to receive the bad news of a poorly priced bonus, it is important for farmers, just like any other business person, to get quick turnover of their hard-earned money. That will make their planning better and make it easier to run their businesses.

I agree with many speakers that the next course of action must be to push for value addition. I am happy that, among the proposals, the tea levy should not be imposed on value- added and packaged tea. It is common knowledge that the tea that is consumed in the United States (US) , the United Kingdom (UK) and other countries is Kenyan tea blended with tea from different places that do not have the same quality as ours. What we call ‘English tea’ is well- known to be Kenyan tea. Value addition is where the farmer can earn top dollar. I propose a very elaborate campaign to start selling our tea in well-branded and well-packaged form that can take over the world. Everybody in the world knows Kenyan tea is the best.

I align this debate with a Bill that I have proposed in this House, the Local Produce Consumption Bill. It is meant to entrench and ensure that we promote what we produce. Many factories, especially in my area, have tried to package their tea. But they have not reached the standards where their produce can sell because of the branding they do. This is where the Government is supposed to step in and run a comprehensive campaign to promote the branding of our produce in Kenya.

It is also a shame that 90 per cent of our tea is exported. How do we depend on foreign entities, close to 100 per cent, for something that we produce as a country? I would propose what I have seen being practised in China, the world's largest tea producer. Whenever you sit down, you are served a cup of tea. When you go to bed, you are served a cup of tea. In Kenya, we have to push and ensure our local…

Order, Hon. Mukunji. You have a three-minute balance.

Order, Hon. Members. The time being 7.00 p.m., this House stands adjourned until Wednesday, 5th November 2025, at 9.30