Wednesday, 13th August 2025

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

Thank you. Proceed to lay it. Who is the Co-Chairperson of the Joint Parliamentary CBK? I would imagine this would be the Chairperson of the Departmental Committee on Finance and National Planning. We can skip this and come back to it later.

Next order.

Hon. Temporary Speaker, I have a request for a Statement regarding the status of the investigation into reported cases of child trafficking and sexual exploitation in Mai Mahiu.

Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request a statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the status of investigations into reported cases of child trafficking and sexual exploitation in Mai Mahiu, Nakuru County.

On Monday, 4th August 2025, an investigative journalist unveiled horrifying accounts of minors being trafficked and exploited for sexual purposes in Mai Mahiu. Notably, residents in the area have raised concerns with the police, urging them to take appropriate action, but no investigation or arrests have been made. Article 53 of the Constitution provides that every child has the right to be protected from all forms of exploitation, including abuse, neglect, harmful cultural practices, all forms of violence, inhumane treatment and punishment, and hazardous or exploitative labour.

The inordinate delay in the investigation and apprehension of suspects emboldens the perpetrators and exposes children to more abuse and trauma. If not urgently addressed, these inhumane acts will negatively affect children, particularly girls, in the area.

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

Thank you. Hon. Members, you may be awarded as communicated yesterday – that, this afternoon, the Cabinet Secretary for Interior and National Administration will be in the House to respond to such. Therefore, I would rather we hold our horses and ask those questions to him. It will be a better thing to do than ask follow-up questions now, when the relevant Cabinet Secretary will be in the House this afternoon. All you need to do is be in the House in the afternoon and raise these issues in his presence because, as you are aware, even as we refer these matters to the relevant Committee, the Committee will have to summon the Cabinet Secretary, who will be in the House this afternoon. Be in the House and raise the issues you want to raise this morning. I think that is better guidance. I hope Hon. Members are accordingly guided.

The next Request for Statement is from the Member from Ndaragua, Hon. George Gachagua. He is not in the House. Members of Parliament should take their work seriously by being present in the House, particularly when they file questions at the Table Office, to ensure they can ask them effectively.

Member for Loima Constituency, Hon. Akuja, proceed.

Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I request a Statement from the Chairperson of the Departmental

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

Chairman of the Departmental Committee on Education, this Statement Request is directed at your committee. Hon. Gisairo,

Let us do it in the first week upon resumption from recess.

Did you hear the question?

Yes, I have heard. I will get the Statement.

Order. On the issue of the Departmental Committee on Education, this was communicated yesterday by the Hon. Speaker, and it goes to all Chairpersons of committees. There is a reason why we have a Chairman and a Vice-Chairman of a committee. The idea that committees now appoint Members of Parliament to respond to questions is unacceptable. The reason we appoint Chairmen and Vice-Chairmen of Committees is because they have responsibilities for which they are paid. This has to go to all Chairpersons. The issue of continuing to delegate without authority is not a good idea for the proper working of Parliament.

Hon. Akuja.

Thank you, Hon. Temporary Speaker. I am surprised by this particular Committee, or rather, the Ministry of Education. I asked a question three weeks ago. They gave two weeks as the time by which they would be able to respond. This is the third week, but the response has not been brought. This is not the first time that this particular ministry is not responding to Member’s questions. I wonder what becomes of the Chairpersons of these Committees. I do not know what becomes of them. There is a question that has been directed at the Chairman of the Budget and Appropriations Committee. He was supposed to bring the response on 26th June, but he has not appeared in the Chamber. I do not know what happens to Hon. Members when they become Chairpersons of the Budget and Appropriations Committee. Do they cease to be Members of this House?

I have not seen Hon. Atandi in this House since 26th July.

Order. We are not discussing the Chairman of the Budget and Appropriations Committee. Your matter is very specific. Direct it to the Departmental Committee on Education. The Committee is so directed that the response to this Statement Request will be filed in the first week upon resumption from recess. Thank you.

Next is the Member for Machakos County, Hon. Joyce Kameme. I think I saw her in the House. Go ahead with your Request for Statement.

Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request a Statement from the

Chairpersons of the Departmental Committee on Roads and Transport regarding the safety and security of pedestrians using the Mlolongo footbridge.

The main objective of providing pedestrians with footbridges is to enhance the safety of pedestrians and, at the same time, reduce pedestrian and traffic conflicts. However, the Mlolongo Footbridge, which was once intended to be a secure route, has deteriorated into a dangerous zone. It is now frequently used by bodaboda riders, thus posing a serious risk to pedestrians, particularly during peak hours in the morning and evening. In addition, the presence of hawkers has further congested the bridge, restricted free movement and created confusion. These conditions have turned the footbridge into a hotspot for petty crime, including the snatching of people’s belongings by criminals on motorbikes. The residents are also concerned that persons with disabilities (PWDs) are the most vulnerable to these incidents as they struggle to navigate the dangerous bridge, calling for intervention to ensure their safety and security.

It is against this background that I request a Statement from the Chairperson of the Departmental Committee on Roads and Transport on the following:

The Request for Statement is directed to the Departmental Committee on Transport and Infrastructure. Is the Chairperson or the Vice-Chairperson in the House?

Hon. Kamene, what have you just done? You have done it twice. We do not do that. You crossed the aisle without bowing on two occasions. Do the needful.

Whether you are taking water or your phone, you have to follow the rules.

Well done! Hon. Dawood, are you the Vice-Chairperson of the Committee?

Thank you, Hon. Temporary Speaker. We will respond in two weeks’ time after the recess.

Very well. The earlier communication I had given still stands – that this House frowns upon Chairpersons of committees, who have the responsibility of being here but frequently fail to attend. This behaviour is unacceptable. We cannot hold Hon. Dawood accountable as he is not the Chair of

the Departmental Committee on Transport and Infrastructure. Hon. Dawood, we will hold you to this.

Thank you, Hon. Temporary Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I request a Statement from the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations regarding the abduction of Mr Ambrose Kimiti Mwangi, a Kenyan, in the Federal Republic of Somalia.

In September 2023, Mr Ambrose Mwangi was employed by Iqarus, a British-based company contracted by the United Nations (UN) in Somalia to conduct medical evaluations and support rescue missions in combat zones. On 10th January 2024, while undertaking one of the rescue missions over the Galgaduud Region in Central Somalia – an area which is infiltrated by Al-Shabaab militants – the helicopter of Mr Mwangi reportedly developed mechanical problems and crash-landed. Mr Mwangi’s employer reported to his family that upon crash landing, the crew and passengers were immediately taken hostage by suspected Al-Shabaab militants. It has now been over a year and a half since his disappearance, yet no substantial update has been communicated to the family regarding the progress of the investigation and rescue. The family remains in a state of distress and uncertainty, with no clarity on Mr Mwangi's whereabouts or safety. The situation raises serious concerns about the safety of Kenyan citizens working abroad, as well as the effectiveness of our diplomatic interventions in such situations.

Hon. Temporary Speaker, it is against this background that I request a Statement from the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations on the following:

This Request for Statement is referred to the Departmental Committee on Defence, Intelligence and Foreign Relations. Is the Chairperson here? Who is the Vice-Chairperson? This matter is serious and should not be left to just any Member. Hon. Deputy Leader of the Majority Party, this is a serious issue and must be treated as such. A Kenyan has been abducted in a friendly country. It is not sufficient for just a committee Member to state that they will respond. It requires serious attention. It is your responsibility, as the Deputy Leader of the Majority Party, to ensure that this matter is pursued diligently so that the House is informed of the fate of Mr Ambrose Kimiti Mwangi.

Hon. Temporary Speaker, I have listened to the Member, and I recognise the seriousness of this matter. It is our responsibility, as the government, to protect Kenyans both inside and outside the country. The abduction of a

Kenyan in a friendly country is to be taken seriously. I undertake to speak to the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations, and ask him to expedite the safe return of this Kenyan.

Thank you.

How long do you need to respond to this one?

By tomorrow.

Tomorrow is okay. I hope you will keep your word.

Is Hon. Kirima in the House? If he is not in, we will move on to Responses to Statements raised earlier. We have three responses from the Departmental Committee on Education regarding requests for Statements made by Hon. Bonaya, Hon. Anthony Oluoch, and Hon. Ann Wamuratha. Is the Chairperson present? The Vice-Chairperson?

Hon. Gisairo, kindly, locate your Chairperson. I will allow him to respond when he comes. Otherwise, I will not allow you to do so for the obvious reasons stated earlier. Look for the Chairperson or the Vice-Chairperson. Those statements will not be responded to for that reason. I do not need to belabour that point. Moving forward, the House will not allow an ordinary Member to respond to questions on the Floor of the House, as we have Chairpersons and Vice-Chairpersons designated for that duty. This is an order from the Speaker, and Chairpersons should take note and act accordingly.

Hon. Members, for the convenience of the House, I request that we return to Order No.5 and then Order No.6. We previously stood down the matter of vetting the individual nominated for appointment to the Board of the Central Bank of Kenya.

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

Joint report of the National Assembly Departmental Committee on Finance and National Planning, and the Senate Standing Committee on Finance and Budget, on the approval hearing of a nominee for appointment as a Board member of the Central Bank of Kenya. Thank you, Hon. Temporary Speaker.

Next Order.

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

THAT, taking into consideration the findings of the Joint Committee of the National Assembly Departmental Committee on Finance and National Planning and the Senate Standing Committee on Finance and Budget on the Approval Hearing of the Nominee for Appointment as a Board member of the Central Bank of Kenya, laid on the Table of the House this morning, and pursuant

to Section 11 (2) of the Central Bank of Kenya Act, Cap 491, this House approves the appointment of Mr Pius Ang’asa as a Board Member of the Central Bank of Kenya. Thank you, Hon. Temporary Speaker.

On a point of order.

Hon. Sunkuli, what is out of order?

For purposes of giving a notice of Motion, is the Member in order to say “laid on the Table of the House this morning”? I am raising this matter because tomorrow, the Motion will not be read as “this morning”. It should be read out as per the exact date. Can she read the Motion the way it will always appear?

Hon. Naomi Waqo, you know that Hon. Sunkuli is a ranking Member. For clarity, go ahead and do what is requested of you.

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

THAT, taking into consideration the findings of the Joint Committee of the National Assembly, Departmental Committee on Finance and National Planning, and the Senate Standing Committee on Finance and Budget on the Approval Hearing of the Nominee for Appointment as a Board member of the Central Bank of Kenya, laid on the Table of the House on Wednesday, 13th August 2025, and pursuant to Section 11 (2) of the Central Bank of Kenya Act, Cap 491, this House approves the Appointment of Mr Pius Ang’asa as a Board member of the Central Bank of Kenya. Thank you, Hon. Temporary Speaker.

Well done! Members, for the convenience of the House, I am informed that Hon. Kirima and Hon. Kagiri are now in the House. We request that Members who have business listed in the Order Paper be here on time. It is only through your presence that we get a quorum, and we also carry out the business of the House.

Hon. Kirima, go ahead and ask your Question.

Thank you, Hon. Temporary Speaker. I am very sorry. I got caught in a terrible traffic jam.

Could the Commission—

Chairperson of Departmental

Committee on Education, there is a question posed to you regarding the absorption of P1

Thank you, Hon. Temporary Speaker. Since we are heading for recess, I will respond in the first week after the recess. As a committee, we have been handling this issue, particularly for teachers aged 45 and above, as well as many P1 teachers who completed their courses in 2009 and who, up to now, have not been absorbed. The Commission brought us a Statement a few weeks ago regarding the member for Kesses, but the figures did not add up. I will combine this particular Question with the other one, so that I have a comprehensive reply for the House immediately we are back from the recess.

Thank you.

I think we should leave it at that and wait for the reply. The Question is elaborate, Hon. Chairman. I want you to get time to look at the Order Paper. It is a very elaborate question regarding P1 teachers, promotions, and specifically those from Imenti Central.

Hon. Members, let us proceed to Requests for Statement, starting with a request by the Member for Laikipia County.

Thank you, Hon. Temporary Speaker, for being magnanimous enough to indulge us.

Pursuant to provisions of Standing Order 44 (2) (c) , I request a Statement regarding the effect of the ban by the Government of the United Republic of Tanzania on the operation of foreign businesses by non-citizens, particularly Kenyans.

I also want to clarify at the outset that, in accordance with the provisions of Standing Order 87, this Statement is not intended to question or discuss the conduct of any individual or the Head of State of the Republic of Tanzania but rather to draw the attention of this House to a matter of regional policy concern.

On 28th July 2025, the United Republic of Tanzania issued the Business Licensing

Order 2025, which seeks to prohibit specific business activities for non-citizens. This directive prohibits non-citizens from operating in 15 sectors, including the business of the sale of goods on farms, crop purchasing operations, ownership and operation of micro and small industries, among other sectors.

The order is worrying as it contradicts the spirit of the integration of the East African Community (EAC) as posed in the East African Community Treaty 2000, particularly on the free movement of goods, services, capital and persons, and the elimination of trade barriers among partner states. The move by Tanzania also risks undermining regional integration, rolling back the gains made in creating a common market under the EAC Common Market Protocol.

This House may recall that in 2019, the Finance Act, as enacted, introduced increased levies and import duties on finished consumable goods, including those from the EAC region. While this provision was intended to protect local industries and promote domestic

consumption, it drew criticism from EAC partner states, including Tanzania, which viewed it as inconsistent with the Common Market Protocol and threatened retaliatory measures due to the impact on their exports to Kenya.

In response to the resulting diplomatic friction and the spirit of regional cooperation, this House, through the Finance Act of 2023, repealed the 2019 provision. However, this repeal has since negatively affected local manufacturers and traders, who now face competition from low-priced imports.

It ought not to be lost on us that our good neighbour, the United Republic of Tanzania, which previously expressed concern over trade restrictions, has since imposed similar prohibitions on Kenya despite the reciprocal action that this House took to repeal similar provisions when the region called on it. This raises legitimate concerns about unequal commitment to regional integration, obligations and the need for Kenya to re-evaluate its protectionism policy in light of the current developments.

Considering the cross-cutting nature of this matter, I seek a Statement from the Leader

The Leader of the Majority Party, Hon. Baya, this is directed to you. Considering this is an election year in Tanzania, when can we expect a response?

Thank you, Hon. Temporary Speaker. This is the first time in this Parliament that a response to a Request for Statement is sought directly from the Leader of the Majority Party instead of the Committees in charge. That notwithstanding, I must say that the relationship between Kenya and Tanzania is still very stable. We still share a cordial relationship as brother-to-brother countries. We will continue to do so despite some of the things coming from our sister country.

I undertake that we will respond to that Request for Statement when we resume from recess. In view of that Request for Statement, we look forward to strengthening the relationship between Kenya and Tanzania going forward. We wish the Tanzanians well as they approach their 2025 General Election. We wish that their Government remains stable and more accommodating because we are children of Jumuiya, the East African Community (EAC) . We want to stick in there. We want every EAC member State to continue observing the protocols we have established over the many years.

This is a very elaborate question, Hon. Baya. If you listened to Hon. Kagiri, the question cuts across four departmental committees. We hope that the response will be equally comprehensive and elaborate.

We will engage all the Cabinet Secretaries involved, especially the Ministries of East African Affairs and Foreign Affairs. We will coordinate with all the relevant Ministries, including the Ministry of Trade, Industry and Investment, to get an elaborate response. From this question, we may move to policy and ask the East African Legislative Assembly (EALA) to look at all these matters and push a policy to prevent the continuation of this kind of matter.

I thank you.

Hon. Members, I am informed that the Chairperson of the Departmental Committee on Education has flown back from Homa Bay and is now in the House. We had earlier been informed that he was in Homa Bay. I will allow him to respond to the questions by Hon. Mumina Bonaya. I have also seen Hon. Wamuratha and Hon. Anthony Oluoch in the House.

Hon. Temporary Speaker, I rise to respond to requests made for statements by Members. First and foremost…

On a point of order, Hon. Temporary Speaker.

Hon. Nyamai, what is out of order?

Thank you, Hon. Temporary Speaker. I have just realised that Hon. Major (Rtd) Bashir is back in the House. I do not know whether he has finished the punishment he was given by the Speaker. He was asked to withdraw a statement he had made in the House, but he refused. I think it was a very long punishment, but I can see him in his seat, looking very happy.

Thank you. Hon. Bashir, how long was your punishment?

Hon. Temporary Speaker, my punishment was for that particular sitting. The Speaker said I would be out of Parliament for the remainder of the sitting, not for the whole session of Parliament. It was for that day only.

I confirm that Hon. Bashir has finished his term of imprisonment and is rightfully in the House this morning. Hon. Melly, go ahead.

Hon. Temporary Speaker, I rise to give several responses to requests for statements made by Members. As per your direction, I hope the concerned Members are present. I will start with the request made by the Member for Isiolo. I also have requests for statements from the Member for Kiambu, Hon. Ann Wamuratha Mugo, Hon. Anthony Oluoch and Hon. Tindi Mwale.

Hon. Temporary Speaker, I cannot go against your direction. However, as the Departmental Committee on Education and as a ranking Member, we had an agreement in the spirit of running the Committee as one. We always discuss these issues with the relevant State

Department, and Members who are involved in the discussion are then able to present responses before the plenary.

Order! Order, Hon. Melly. I want to say this with a lot of respect. The Speaker made a ruling yesterday, and as a friend, I took it upon myself to call and inform you of it. I also said this morning that we will not allow chairpersons to have kangaroo agreements with their members to shirk their responsibilities. That agreement you have with them is hereby quashed and should never be heard of on the Floor of the House.

The Member for Isiolo, Hon. Mumina Bonaya, requested a Statement, and the report is as follows: All the 18 schools have been approved as Junior Schools. Twelve of the 18 schools have already received capitation and have been registered in NEMIS. Their bank details have also been provided. The table below provides details regarding each of the schools.

Hon. Mumina, allow him to finish this Statement, and then we can deal with all of them together.

I will now respond to the request by the Member for Kiambu County, Hon. Ann Wamuratha Mugo, regarding challenges facing the Kiambu National Polytechnic.

Hon. Temporary Speaker, the State Department responds as follows: A Report on the steps being taken to recruit, at least, 400 additional trainers for polytechnics ahead of the September 2025 intake. The National Assembly has allocated a total of Ksh2 million for the recruitment of additional Technical and Vocational Education and Training (TVET) trainers across the country in the current Financial Year 2025/2026. The recruitment proposal for the current Financial Year 2025/2026 targets a total of 5,500 trainers. Currently, the institution has 163 trainers employed by the Public Service Commission and 138 by the Boards of Governors. The institutions will benefit from the additional allocation of trainers in proportion to the institutions across the country. This will be done once the projected recruitment has been undertaken.

The second question concerns the response to delays in the disbursement of capitation and measures put in place to expedite the exercise of the Higher Education Loans Board (HELB) and scholarships to students in polytechnics. The main reason for the occasional delays in the disbursement of capitation to TVETs is the delay in the release of the Exchequer by the National Treasury. For instance, the Exchequer requisition for capitation for the Financial Year 2024/2025 was made and released as follows: for the Ksh1,102,194,000, the date of requisition was 6th September 2024. They received the money on 16th September 2024. The remaining capitation of Ksh3 billion was requisitioned on 23rd December 2024, but they received the money in February 2025. So, the delays are not the fault of the State Department; instead, they are due to the delay in the release of the Exchequer by the National Treasury.

The State Department states that it continues to engage with the National Treasury to ensure the provision of adequate budget and the timely provision of funding to TVET institutions. We also wish to inform the august House that capitation, scholarships, and loans for TVET trainees have been underfunded to the tune of Ksh19 billion in the Financial Year 2024/2025, comprising deficits of Ksh12.5 billion for the scholarships, Ksh2.96 billion for capitation, and Ksh3.84 billion for loans.

This is an issue the Committee has brought to this House several times. The State Department has done a lot in mobilising students. I want to inform the House that they are now targeting about 2 million students. To have 2 million students in our TVET institutions will actually get many of our young men and women off the streets and out of local centres. What we need is money for these students for scholarships and loans. It is good for this House to budget for not less than Ksh40 billion for TVET institutions.

The third part of the question is on the progress made in constructing 1,240 student accommodation units under the housing programme to ensure the availability of adequate accommodation in institutions. The State Department wishes to state it is working closely with the State Department for Housing and Urban Development on the construction of 1,240 trainee accommodation units under the Affordable Housing Programme. This will ensure the availability of accommodation to trainees in institutions. The State Department for Housing and Urban Development invited bids on 25th March 2025 to undertake construction works and sign an agreement with the management of the Kiambu National Polytechnic on the project. The project is now awaiting assignment of a contractor by the State Department for Housing and Urban Development. We are following up with the said State Department to expedite that.

The fourth part of the question is: what are the plans by the Ministry of Education to fund and equip specialised technical departments in the institution? Hon. Temporary Speaker, the Ministry is keen on equipping specialised technical departments at the Kiambu National Polytechnic through both income-generating activities at the institution and donor support. Currently, with the support of the German Government, the Ministry provides infrastructure and equipment in industrial mechatronics to support the development of skills in industrial automation, agriculture and value addition. So far, the project has procured basic equipment to support the delivery of dual training and the provision of Information Communication Technology equipment to enhance delivery.

The second batch of heavy training equipment is at the evaluation stage of procurement. The Ministry will progressively equip specialised workshops and departments based on the skills requirements of the industry. So, that is the funding part and how we plan to handle specialised aspects. They have the Appropriations-in-Aid, or the money they generate internally, as well as donor support from the Gesellschaft für Internationale Zusammenarbeit (GIZ), which is doing a lot more in five national polytechnics.

That is the response to the questions. Thank you, Hon. Temporary Speaker.

Hon. Mumina, proceed.

Hon. Temporary Speaker, I would like to thank the Chairman of the Departmental Committee on Education for the response they have brought to the Floor of the House on registration of junior secondary schools in my county. However, the reason it took my intervention to have this school registered is that the Ministry misuses the NEMIS to deny funding to schools and delay registrations. In my county, very many schools register students on NEMIS, but on the other end, their details are removed. The funding disbursed to those schools is less than what is required, given the number of students in the schools.

Similarly, they use NEMIS to deliberately delay registration of schools because they do not want to send resources to them. This is a matter that needs to be looked into seriously. We cannot continue like this because head teachers are telling us they have debts they cannot

pay due to the high number of students. However, the Ministry allocates less money than the number of students registered on NEMIS.

Hon. Chairman, this is a very straightforward matter that does not need back and forth.

Yes.

The Temporary Speaker

: The Member standing along the aisle, be either on the right or left. You cannot stand along the aisle for 10 minutes.

This should be a straightforward matter, Hon. Chairman.

Thank you, Hon. Temporary Speaker. I agree with the Hon. Member. This is an issue which the Committee has been pursuing because the students captured in NEMIS and the actual students in schools do not add up. That is why the Departmental Committee on Education petitioned the Ministry and the Cabinet Secretary to ensure a comprehensive Application that accurately captures all students, thereby aligning the number of students physically in school with those recorded at the Ministry. That is why they proposed the introduction of the Kenya Education Management Information System (KEMIS) . It will be used from the level of basic education to university. I agree with you, Hon. Temporary Speaker, and that is why they are doing that correction.

Thank you.

Hon. Chairman, there is nothing wrong in the Committee. Isiolo County is not in Uganda or Tanzania. It is in the country. Why can't the Committee do a spot check in one of the schools, one of these days? If Members of Parliament are saying their schools have 800 students but the Ministry talks of 400 students, the Committee could do a spot check in three or four schools and provide the House with a report. Why depend on the Ministry’s report?

Hon. Temporary Speaker, our Committee has been doing spot checks across national polytechnics and universities. We are on top of it. We propose visiting schools soon to compare the actual number of students in classrooms with those captured on NEMIS, and to investigate ghost projects. In fact, during this recess, we plan to travel around the country to address this particular matter.

We are waiting for that report. The Member for Kiambu, proceed.

Hon. Temporary Speaker, I would like to seek clarification from the Chairman of the Departmental Committee on Education regarding the employment of 400 teachers in TVET. He indicated that the Ministry has a budget of about Ksh2 million. I was wondering whether that amount should be Ksh2 million or Ksh2 billion.

Member for Nandi County. She was just seeking clarification. That is why I allowed her to speak.

Thank you, Hon. Temporary Speaker. Hon. Wamuratha has addressed my concern, as I wished to have it on record. The Chairperson of the Committee read that they had allocated an amount of Ksh2 million, yet the number of teachers in the budget exceeds the amount that can be accommodated by Ksh2 million.

Member for Isiolo County. Just hold your horses.

Thank you, Hon. Temporary Speaker. The issue is that while teachers register students on the National Education Management Information System (NEMIS) , their names are still missing. They are not captured. The issue

is not that they are not registered, but that someone is removing their names. Who is doing that?

Hon. Dawood. Hon. Chairperson, take down all the Members’ concerns, so that you can deal with them at once.

Thank you, Hon. Temporary Speaker. The Chairperson of the Committee has told us that they will look into NEMIS, but how long will it take? NEMIS has been there for ages. When will it sort out those issues? We need a timeline. We have been told that billions of shillings meant for capitation and school infrastructure have been lost. How long will we wait for answers? There should be a timeframe.

Hon. Nyamai.

Thank you very much, Hon. Temporary Speaker. This matter of students not appearing on NEMIS is very serious. This House is being let down by the Directors of Education in our sub-counties. Students are losing money every financial year. We budget for it, but it does not reach those students. Normally, the President says that if something can be done, it should be accomplished immediately. The Government issues birth certificates to those students and registers them on NEMIS. The Government also employs the Directors of Education. This House allocates funds, which do not reach pupils and students in our schools. Why can it not be done?

As my colleague from Isiolo County has said, can the Chairman give us timelines on when all students in our primary and secondary schools will be captured on NEMIS?

Hon. Tubi.

Thank you, Hon. Temporary Speaker. This matter has been ongoing for some time. The number of students on NEMIS does not match the headcount of students in every school. I have tried checking the number of students in my constituency because I pay for them. I get resources on the basis of the number of students in the class registers. However, the numbers captured on NEMIS do not tally with the numbers in the class registers. I have even gone to the Ministry of Education to find out exactly why that is happening. Principals and head teachers are kicked off NEMIS when they try to feed information into the platform. The numbers are not captured. Why does that happen? Is it corruption? Something else must be going on there.

Member for Makueni.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this very thorny issue. Almost all the schools in my constituency have students who appear in the school register but not on NEMIS. Teachers have tried to follow up on the issue because I instructed them not to complain to me when they can go to the Ministry to check the records. I do not know what is wrong with the sub-county leaders because, year in, year out, that data is not being captured. They always give the flimsy excuse that some students do not have birth certificates, or that the details on the birth certificates do not match the Identity Cards (IDs) of the mothers. How can the Government not sort out such petty issues? Why have we employed people?

We need to have a balance sheet. Where do the funds go if schools do not receive them? Can the Departmental Committee on Education give us a clear balance sheet? Where is the money? Money cannot disappear in the system. This situation is very wanting.

Hon. Ikiara.

Thank you, Hon. Temporary Speaker. I want to join my colleagues in contributing to this matter of NEMIS and what is happening in our Republic. We may keep blaming the Directors of Education and everyone else, but the bottom line is that the teachers running the schools are suffering. When the data does not capture the reality in the schools, they receive dismal funds. At the end of the day, it is the students who suffer. The teachers do not know what to do. The Departmental Committee on

Education should tackle the issue head-on so that we know exactly what happens at the Ministry headquarters before we blame the Directors of Education at the sub-counties. The buck stops with the person who oversees the Ministry of Education. We should stop apportioning blame.

Thank you, Hon. Temporary Speaker. If every Member had an opportunity to contribute, the story would be the same across the country. Technology is supposed to help solve complex issues. Which technology is this that derails that function? It is fair that you give direction that, within a specific period, the Ministry of Education should capture the data of every student in the Republic of Kenya on NEMIS and bring that confirmation to this House, so that we close this matter once and for all.

Hon. Lenguris.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to add my voice to the issue being discussed on the Floor of this House, which affects most learners in our schools. It is discouraging that an entire Ministry with many employees and top officials cannot account for the number of students in our schools. This has made the running of our schools very difficult. Sometimes, even keeping students in schools is becoming a big problem. Managing schools without knowing the real number of students to determine the amount of resources to allocate to the schools is very difficult. This has affected learning. Taking care of students without proper resources, whose numbers are unknown, is difficult. We task the Ministry of Education to ensure that the number of students always tallies with the number captured on NEMIS, as this will determine the amount of resources to be allocated to the schools.

If NEMIS does not work, why can the Ministry not have a parallel manual programme to capture the number of students per school? They can then compare the number of students captured on NEMIS with the number captured in the manual register. This is because there are scenarios where you can have 1,000 students in a school, but NEMIS only captures fewer than 300 of them. Who will account for the missing number? Something needs to be done. The Ministry of Education should be up to the task.

Thank you, Hon. Temporary Speaker. I agree with the sentiments of the Members. I would like to give you a short story. Hon. Sabina Chege

We will not allow any further discussion on this matter. The Chairperson has introduced a new confusion by stating that there was NEMIS and now there is KEMIS.

Order, Hon. Members. The debate on this Bill was concluded last week. I will now put the question.

Next Order.

Hon. Members, debate on this Bill was also concluded. I will now put the question.

Hon. Members, as you remember, debate on this Motion was also concluded. I will now put the question.

Next Order.

its members do. Students, I am sure that as you grow up, you will be able to take up some of the roles that we currently hold here. You came back from the music festivals and you did very well. Congratulations. So, you are most welcome to the National Assembly and the precincts of Parliament. Enjoy your time. Welcome, all of you.

Hon. Members, as you are aware, the students are here to visit us. They are all welcome to observe the proceedings. Next Order.

On a point of order, Hon. Temporary Speaker.

Hon. Tubi, what is out of order?

Hon. Temporary Speaker, I was here yesterday, and I raised an issue with the Temporary Speaker, Hon. Farah Maalim. The issue is that three weeks ago, I asked for a Statement from the Chairman in charge of the Departmental Committee on Administration and Internal Security. It was slated for the first week upon resumption from recess. That time has lapsed. Now we are going into another recess, yet the matter concerning Isiolo has not been addressed. Chaos is happening in Isiolo, and they have something to do with the impeachment of the Governor of Isiolo County. Isiolo is ungovernable. Isiolo has problems. People are being killed left, right, and centre, and nothing is happening. We have tried to ask about that, but the question remains unanswered to date. Yesterday, I was promised it would be brought today, but it is not on today's Order Papers, both for morning and afternoon sittings.

Hon. Tubi, your concern is noted. You may be aware that the relevant committee is conducting a vetting on nominees to the National Police Service Commission this morning, but its members will be in the House in the afternoon. As I said earlier in the morning, even the Cabinet Secretary for the Interior and National Administration will be here in the afternoon. So be in the House and raise those matters at the right time in the afternoon today.

There is nothing to respond to. I have just communicated that the relevant committee is conducting a vetting exercise on the nominees to the National Police Service Commission as we speak, and that is why the Chair is not in the House. We know that he will be in the House in the afternoon.

We also know that the Cabinet Secretary for the Interior and National Administration will be in the Chamber in the afternoon. My advice to you is to be in the House in the afternoon to raise your issues with both of them. You are accordingly advised.

Next Order.

The Temporary Chairlady (Hon (Dr.) Rachael Nyamai): Hon. Members, those who wish to participate in the Committee of the whole House, please take your seats. We are considering the Senate Amendment to the Land (Amendment) Bill (National Assembly Bill No. 40 of 2022) by Hon. King'ara. Hon. King'ara is in the House. I can see he is seated in his place. Senate Amendment to Clause 3

THAT, Clause 3 of the Bill be amended in the introductory phrase to the proposed sub-section (16) by inserting the words “publish a notice in the Gazette specifying the particulars of the registration and” immediately after the words “the Registrar shall”. (Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Senate amendment to Clause 3 agreed to) That is all. We have come to the end. I would like now to call upon the Mover, Hon. King’ara.

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Senate Amendment to the Land (Amendment) Bill (National Assembly Bill No. 40 of 2022) , and its approval thereof without amendments.

The Temporary Chairlady (Hon (Dr.) Rachael Nyamai) : Hon. Members, we are going to consider the second Bill, which is the Consideration of the President's Reservation to the Cancer Prevention and Control (Amendment) Bill (National Assembly Bill No. 45 of 2022) .

Hon. Chairlady, I beg to move: THAT, Clause 2 of the Bill be deleted as proposed by His Excellency the President.

Hon. Temporary Chairlady, Clause 2 of the Bill proposes to introduce the definition of the terms e-health and telemedicine to the principal Act. The two terms are already defined in the Digital Health Act, and therefore, the Bill may cross-reference them as defined in the Digital Health Act. That is the rationale for that deletion by the President. Thank you.

(Question of the amendment proposed) The Temporary Chairlady (Hon (Dr.) Rachael Nyamai): Hon. Dawood.

Thank you, Hon. Temporary Chairlady. This is my Bill of 2022. What the President is talking about, the Digital Health Act, is for 2024 or even 2025. We passed this Bill on 15th April 2024. So, I do not see the rationale for deleting my clauses. A Bill which has taken more than two years to come to fruition is now being thrown to the dogs. I think Article 115 has not been used properly, and the Leader of the Majority should take the concerns of this House seriously. This is because there is no point in Members of Parliament working on Bills, only to have them thrown out due to actions that should not have been there. My Bill was passed before the Digital Health Bill.

Therefore, I oppose this. It should go on record, and the Speaker and the Leader of the Majority Party should take note that this is not the way to treat Members of Parliament. There is no point in working on a Bill for two years only for it to be thrown out later. Even the Ministry of Health was involved in this Bill.

The Temporary Chairlady (Hon (Dr.) Rachael Nyamai) : Yes, we fully hear you, but you know what you require to be able to oppose it.

I can give you another minute to finalise. Leader of the Majority Party, I will give you a chance.

Thank you, Temporary Chairlady. I understand I need two-thirds of the membership. That is why I am saying mischief was introduced into the Constitution through Article 115 and even Article 223, which is being misused currently. So, until we get to change those Articles, I know my hands are tied.

Thank you, Hon. Temporary Chairlady. The Temporary Chairlady (Hon (Dr.) Rachael Nyamai) : Yes, you know that to change the Constitution is a long process through a referendum, but I would like to state facts because facts are important in this House. This Bill was concluded in this House, not in 2022, but in April 2024. Because of the bicameral situation of this House, it also had to go to the Senate. It has been there for a long time. I have requested the Table Office to give us the exact month, but it was in mid-2025. This House has not made any mistake; we are just following the process. You are right to oppose. It is your right.

I want to allow the Deputy Leader of the Majority Party to speak first; then I will return to the Chairman before we put the question. Proceed, Hon. Owen Baya.

Thank you very much, Hon. Temporary Chairlady. That is what democracy is about, Hon. Dawood: a Constitution which you must abide by. I also had my Bill on the Floor of this House. It went for assent, received a Presidential Memorandum of reservations, and then came back here. Because we are a democracy, we should be able to muster two-thirds and torpedo the Presidential Memorandum. I fully agree with Hon. Dawood that this House is the House that makes laws legislatively. We have the power to do that. But somehow, this Constitution mutilated the power of this House by introducing one word as a safeguard. The Executive is now making law. That is what is happening in this scenario. The Executive is making law which is not their preserve. If the Executive has issues with a law that we are passing, they should bring it through the ministries before we pass it. But to allow Parliament to go through the whole hog to pass the law, then they bring in their… Actually, I have learned that the Cabinet Secretaries go to the President and ask him not to sign because of certain reasons. Out of that, a memorandum is brought to the House. But this is input from the President.

This is my second term in this House. In the previous term, I think we had only one or two Presidential Memoranda. This means that the Cabinet Secretaries were working very well with Parliament to ensure we pass the right laws. However, we now have lazy members in the Executive who do not make input until they realise a law has been passed. They then run and block assent. This is bad manners. I ask the Executive to please participate fully when the law is here. The law allows us to conduct public participation and consult with ministries. They should come on board during that time so that we avoid instances where the President has to send a memorandum. Currently, we have memoranda for my Bill, your Bill, the Bill of the Member for Lamu East, and possibly another one. We have many memoranda coming in, indicating that there is a problem. I ask Hon. Musalia Mudavadi's Office, the Chief Cabinet Secretary, who has the mandate of coordinating the national legislative agenda, to ensure that they do their job to avoid these situations where a law goes to State House for assent and it is brought back. We are working backwards, and that should not happen.

Hon. Dawood, you have to bite the bullet on this one. We can pass this one; then, six months later, you can bring the same amendment and use the same whip to change the law. I will urge you to do that; otherwise, because you cannot marshal the two-thirds, we have to pass the law.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I think you have done your part. You are trying to justify that you have also gone through the same process. But you…

On a point of information., Hon. Temporary Chairlady.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Who do you want to inform, Hon. Dawood?

The Chairman of the Departmental Committee on Health.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : I will give you a chance to inform him, but before that, I will give him a chance to speak on the deletion.

Hon. Temporary Chairlady, what has been stated is what the law is. We have said here many times that the Constitution has given the Executive the opportunity to make law, even if it is through the back door. Unfortunately, that is what it is. However, there is another issue: how to do that, and the speed with which we handle our processes. In my view, the Digital Health Act came after this Bill, moved on and was signed. So, by the time the vellum was presented to the President, the Digital Health Act was already a law; therefore, reference could be made to it. If the Cancer Prevention and Control (Amendment) Bill had gone before the Digital Health Act, in my view, the Digital Health Act is what would have been sent back with the information that what you are referencing is already in the law. We therefore must be careful with our processes and what they do to our Bills.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you, Chairman. There is a point of information from Hon. Dawood. Would you like to be informed?

Information kills nobody. Let me hear the information.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Okay. Please go ahead and inform Hon. (Dr) Nyikal.

Thank you, Hon. Temporary Chairlady. This Bill was returned from the Senate last November. The Departmental

Committee on Health accepted the changes early in February. It came back from the Senate

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you very much. For the record, we have consulted, and this is the order of events. The National Assembly passed this Bill on 27th March 2024. It was passed by the Senate and returned on 26th November 2024. The Senate Amendments were passed on 15th April 2025. We received the reservations from the President on 1st July 2025. That is how it is in terms of the order of events. Most importantly, we need to put the question and make a decision.

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

THAT, Clause 3 of the Bill be deleted. Clause 3 of the Bill seeks to amend section 5 of the principal Act by inserting new paragraphs. The two insertions on the functions of the National Cancer Institute are promoting the use of eHealth and telemedicine for the prevention and management of persons with cancer, and promoting the treatment of persons with cancer as components of primary health care. These provisions are already covered under section 3 on objects of the Digital Health Act. Once again, we have exactly the same situation as in the first place. The Committee researched this, noted the same and agreed with that.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Thank you very much. Let me propose the question first.

I allow Hon. Ochieng’.

Hon. Temporary Chairlady, I wish to support all reservations, but we need to be clear so that Members know what we are dealing with. At this stage, it does not matter if we were 232 and all of us said 'nay'. We have to get this correctly; no one should read it in the wrong manner. Remember a situation where we dealt with a similar matter with the former Cabinet Secretary for Defence. There was pandemonium in the House. It is clear that for us to be able to overturn the President’s reservation, we must raise the requisite numbers. So, it will not matter if all of us in the House today say ‘nay’. This should go on record so that Members do not mislead their constituents or the public. For us to overturn the reservations, we must be 233 Members of Parliament.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Deputy Leader of the Majority Leader, please sit. I am so sure Hon. Ochieng’ is feeling intimidated.

Please proceed.

No, he would not. He came to Parliament after I had been here for a long time, so he would not intimidate me. So the question of numbers has to be clear. And I agree with Hon. Baya that we should use the presidential reservation tool extremely sparingly. Above all, it should not be used to stifle a law that Parliament has passed. I always mourn a Bill I brought to this House three times. It was passed three times and presented to the President. I was told about the President’s reservation one year later. I believe that, as Parliament, we should find a way of disciplining the issue. The body that makes law is Parliament, not the Presidency. We should ensure that the issues that warrant presidential reservation are those of extreme, exceptional and unforeseen circumstances, not any willy-nilly matter.

I support, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you. There is a point of order from the Member for Kilgoris. What exactly is out of order?

I wanted to add on to what our friend... The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Would you like me to give you a chance to contribute instead of adding?

No. It is just a point of order to emphasise the fact that it is always the default position that the 'ayes' have it. If the Speaker is not clear or knows that the eventual answer is that there are no two-thirds of Members, even if more voices said 'nay', the default position in this case is that the 'ayes' have it. As sympathetic as this problem might be, I always thought Hon. Baya, being a very strong leader from Kilifi and of the UDA Party, has a lot of access to His Excellency the President. If the voice of the advisers becomes stronger than that of the Leader of the Majority Party, we are going to have a lot of problems. Perhaps it was not the Cabinet Secretary but the adviser who informed the President that the Bill should not be in this form. We will be getting legislation from State House instead of this House.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you. Hon. Members, you know we are not debating; we are in the Committee of the whole House.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : You can only say something if I give you a chance. And I had given you a chance to say something before. Well, you will say something after the Leader of the Majority Party.

Hon. Temporary Chairlady, I want to draw the attention of the House to the time when the current Cabinet Secretary for Defence, Hon. Soipan Tuya, was in the seat where you are seated. We were handling the presidential reservation on the Finance Bill regarding tax on SMS and three other items. I was a very faithful member of the Orange Democratic (ODM) party. We actually marshalled the numbers, and we were ready. We did not want those reservations. For the first time, we wanted to torpedo a presidential memorandum. We were short five people. When the question was put, everybody said 'nay'. But because Hon. Soipan Tuya was aware of Article 115 of the Constitution, she said the 'ayes' have it, and it became pandemonium. The media and everyone else highlighted the voting, saying Hon. Soipan had made a mistake. But she was right. I remember Hon. JB Muturi asked me, ‘Hon. Owen, how many were you?’ I said we were 230. ‘So, is it wrong that Hon. Soipan Tuya said what she did?’ I said she was not wrong. She was right.

So, I want to tell my ladies: We do not have the numbers to torpedo a presidential reservation. What Hon. Dawood should have done from yesterday was to have marshalled 233 Members. He is a wealthy, very well-connected man. He would have used his position to influence every Member to be in the House, so that we could even have 234 Members.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you, Hon. Baya. Hon. Dawood.

Hon. Temporary Chairlady, I believe you have the Memorandum. I have it with me. It is flawed and inaccurate. The fourth line says that the Cancer Prevention and Control (Amendment) Bill is National Assembly Bill No. 45 of 2025. My Bill is for 2022, not 2025. You have even said that this Bill was passed in March 2024, whereas the President is mentioning 15th April 2024. We are probably not talking about the same Bill.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Order, Hon. Dawood. I do not want you to mislead this House or the public. I would like you to go to that Memorandum and read the first paragraph. It is clear. We are talking about the Cancer Prevention and Control (Amendment) Bill (National Assembly Bill No. 45 of 2022) . So, there is no 2025. There is no need to mislead the public. You still have another opportunity to make laws in this House.

Hon. Temporary Chairlady, if you allow me, the heading is ‘Referral of the Cancer Prevention and Control (Amendment) Bill (National Assembly Bill No. 45 of 2025) '. That is what it says. It is not me. This was received and stamped by the Office of the Clerk on 30th June 2025. So, are we talking about the same Bill? Subsequent corrections may be there, but there are errors in this Memorandum. The errors cannot go just like that. Maybe the President needs to be told to redo the Memorandum. I know I cannot marshal 233 Members. That is out of question. Even if I were able to, I know half of them would not vote for it. I do not have an issue with that. However, this Memorandum is flawed, and it should be taken back to State House and brought back properly.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Okay, listen. Hon. Dawood, you are in your third term. I know that this does not happen every other day. It is also a learning process for all of us, not just for you. The Cancer Prevention and Control (Amendment) Bill (National Assembly Bill No. 45 of 2022) is a publication of that year. But if it were to be an Act, it would be for 2025. So, there is no error at all. This document is in order.

I am going to give the last opportunity to the Member for Makueni. Did you have your hand up? No, it is the Member for Machakos. You will be the last one, and then I will put the Question.

Hon. Temporary Chair, I rise under Standing Order 35. I have looked around, and we do not have a quorum in the House to continue with this matter.

On a point of order, Hon. Temporary Chairlady, before you declare the lack of quorum.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : What is out of order before I make the Statement?

Hon. Temporary Chairlady, it is okay and within the rights of the Member to say that. This is a learning process, and we learn as we proceed. This is a Presidential Memorandum under Article 115, and I want Members to read the Constitution. Whether we debate here and agree or not, it takes precedence…

Hon. Nyamai, proceed.

Hon. Temporary Speaker, I beg to report that while in the Committee of the whole House, the Member for Machakos County, Hon. Joyce Kamene, rose under Standing Order 35 and objected that the House did not have a quorum. The Bell was rung for 10 minutes, but a quorum was not attained.

Hon. Temporary Speaker, I beg to report.

Hon. Members, as you are aware, when that happens, we have to adjourn. Be upstanding, Hon. Members.

Hon. Members, the time being 17 minutes to 12.00 p.m., this House stands adjourned until today, Wednesday, 13th August 2025, at 2.30 p.m.

The House rose at 11.43 a.m.

Published by Clerk of the National Assembly Parliament Buildings Nairobi