Serjeant-at-Arms, ring the Quorum Bell. (The Quorum Bell was rung) Order, Hon. Members. Order. We now have Quorum to transact business. Clerk-at-the- Table, proceed.

Leader of the Majority Party, proceed.

Thank you, Hon. Speaker. I have seen my friend, Hon. (Eng) Oscar Sudi. I have missed him.

He is not here as your friend, but as a Member of Parliament.

I am only acknowledging that I have seen him.

Go ahead. Hon. Owen Baya (Kilifi North, UDA): I beg to lay the following Papers on the Table:

Thank you, Hon. Owen. Chairperson, Departmental Committee on Labour.

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

Report of the Departmental Committee on Labour on its consideration of the County Assembly Services (Amendment) Bill (Senate Bill No.34 of 2023).

Next Order.

Hon. Members, in the Speaker’s Gallery, I want to acknowledge Allamano Primary School, Igembe Central Constituency, Meru County; Sapphire Junior School, Kisumu Central Constituency, Kisumu County; and Muruguru High School, Nyeri Town Constituency, Nyeri County. On my behalf and that of the House, we welcome the students, their teachers and those accompanying them to the House of Parliament. Thank you.

Hon. Mumina Bonaya, Go ahead.

Thank you Hon. Speaker. Pursuant to the provisions of Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the rising cases of insecurity in Isiolo County.

On the night of 23rd July 2026, Mohamed Ture Demo, a form three student at Isiolo High School, was allegedly fatally shot by a police officer while walking home from school. The incident occurred only a few metres from the Isiolo County Police Headquarters. It is alleged that following the shooting, the officer removed the deceased’s school shirt in an apparent attempt to conceal the circumstances surrounding the killing. The matter was reported at Isiolo Police Station and recorded under OBNo.24/24/07/2026. The alleged killing of a student in close proximity to the Isiolo County Police Station has further undermined public confidence in the ability of the security agencies to protect lives and maintain law and order.

In a separate incident, Ms. Angelica Kananu Lichira of ID No.124xxx91, a trader at Isiolo Market, was fatally shot by unknown assailants on Monday, 20th July 2026 while travelling home on a motorcycle. Her brother, who was riding the motorcycle, sustained gunshot injuries and is receiving treatment in hospital. The incident was also reported at Isiolo County Police Station under OB No.64/20/07/2026. These tragic incidents have heightened public concern over the worsening security situation in Isiolo County, marked by a rise in violent crime, killings and armed robberies. They underscore the urgent need for enhanced security measures, prompt and impartial investigations and greater accountability to restore public confidence in the National Police Service and ensure justice for the victims.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following:

Thank you, Hon. Mumina. Where is the Chairperson of the Departmental Committee on Administration and Internal Security? Hon. Ng’elechei, are you a Member of the Committee? Is two weeks sufficient?

Yes, Hon. Speaker. That is in order.

Thank you. Hon. Machua Waithaka.

Thank you, Hon. Speaker. Pursuant to provisions of Standing Order 44(2)(c), I request for a Statement from the Chairperson of the Departmental Committee on Housing, Urban Planning and Public Works regarding the status of construction of Ting’ang’a market, Kang’ang’i market and students' hostels at Kiambu National Polytechnic.

The national Government commenced the construction of Ting’ang’a and Kang’ang’i markets in February 2024 and October 2025 respectively. The objective was providing modern trading facilities, improving the business environment and creating employment opportunities for traders within Kiambu Constituency. Additionally, the Government initiated the construction of students’ hostels at Kiambu National Polytechnic to increase accommodation capacity and improve the learning environment for students.

The projects were expected to play a critical role in stimulating local economic growth, improving livelihoods and enhancing access to essential public infrastructure. However, construction has slowed considerably despite the substantial public investment made. In some incidents, it appeared to have stalled altogether. This has raised concern among traders, students and residents in Kiambu Constituency who expected to benefit from timely completion and operationalisation of the facilities.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Housing, Urban Planning, and Public Works on the following:

The Chairperson of the Departmental Committee on Housing, Urban Planning and Public Works. Is it Hon. Rindikiri?

I commit to submit a report within the next two weeks.

Two weeks, thank you. Hon. Mejjadonk.

Thank you. Pursuant to provisions of Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Lands regarding the ownership status and intended use of land Plot No.B1/179 situated in Kayole, Embakasi Central Constituency. The land Plot No.B1/179 has been occupied and utilised by the Administration Police as a public security installation serving the residents of Embakasi Central Constituency for over three decades. In view of the rapid population growth and increasing demand for security services within the constituency, the National Government Constituencies Development Fund (NG-CDF) approved funding to construct a modern police station on the parcel of land to strengthen security coordination, enhance policing and improve public safety.

Despite the long-standing occupation and public use of the land, its ownership has remained the subject of a protracted legal dispute. On 15th May 2026, the court struck out the suit on the ground that the doctrine of exhaustion of alternative dispute resolution mechanisms had not been complied with. This left unresolved concerns regarding the ownership, status and intended use of the parcel thereby creating uncertainty over implementation of the proposed police station project.

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

Chairperson of the Departmental Committee on Administration and Internal Security, Hon. Tongoyo.

Hon. Speaker…

Sorry, it was not yours. It is for the Departmental Committee on Lands. Who is the Chairperson of the Departmental Committee on Lands? Hon. Nyamoko or any Member of the Committee? Hon. Josess, are you a Member? Advise your Chairperson so that he can bring a response in two weeks.

Thank you, Hon. Speaker. I will.

Responses to Requests of Statements is next. Is Hon. Dick Maungu in the House? Yes. Hon. Tongoyo, are you ready for Hon. Dick Maungu.

I am. It is a long one. I will try to compress.

This is a response to the Request of Statement sought by the said Member concerning rising cases of insecurity in Luanda Constituency. In particular, he wanted to know:

Hon. Maungu.

Thank you very much for the opportunity. Allow me to appreciate the Chairperson for the response although we still feel that we have some security gaps.

The Chairperson has really tried to capture the story as it is, but he did not come out clearly. He has talked about rapid response units that need to be deployed. Since I gave this Request of Statement, we have had an opportunity even to host you in Luanda Constituency where members of the bodaboda trade actually challenged you on the same because they do their business in fear. The death of Mr Brian Amatea was and continues to be quite a big burden to my people. The questions remain to be answered. Therefore, I expect the Chairman to come out and tell us about what happened to Mr Brian Amatea. Have the police officers found the people who killed Brian Amatea? Has that motorbike been found? Brian Amatea was a young man who left behind a very young family with one child. You can imagine the kind of pain that family is going through.

Secondly, I do not want to debate the security issue, but it disturbs us. Therefore, Hon. Chairman, I appreciate your Statement, but we still have insecurity issues that continue to happen. Yesterday, a 16-year-old girl was defiled and murdered by the same group of people in my neighbouring constituency, at the boundary in Emuhaya Constituency.

A week ago, at a place known as Waluka, a bodaboda rider was attacked and his motorbike stolen. As much as you have given this feedback, these occurrences continue to take place. I wish you would come out strongly and tell us the steps the Government has put in place to ensure that my people are safe.

On the issue of compensation, I agree with the Chairman. The House needs to move further and see what steps it can take to support families that are left vulnerable whenever they face such occurrences.

I submit. Thank you, Hon. Speaker.

Hon. Tongoyo.

Hon. Speaker, the Member agrees with the Statement, apart from the specific intervention and strategy that the National Police Service is putting in place. It is not proper to discuss some of these issues publicly.

Thank you. Is Hon. James K’Oyoo in the House?

Yes, Hon. Speaker.

Good. Hon. Tongoyo, give a response to the request by Hon. James Onyango K’Oyoo, Member for Muhoroni.

Thank you, Hon. Speaker. The Statement request was on the circumstances surrounding the attack on Chemelil Sugar Academy. Hon. James K’Oyoo needed to know the circumstances surrounding the attack, including the factors that led to the incident and whether the attack was linked to the operational transition of the school, following the leasing of Chemelil Sugar Academy to Kibos Sugar Academy in 2025. If so, he needed to know the steps taken to secure stability and sustainability of the institution, and the immediate security measures put in place to safeguard the school and its learners.

On 18th June 2026, at about 11.30 a.m., Mr Okilo Samora, the Principal of Chemelil Sugar Academy, reported the incident via telephone to Chemelil Police Station under OBNo.08/18/06/2026. He reported that approximately 20 persons armed with crude weapons had forcefully entered the school compound, broken into his office and vandalised school property, including doors, windows and pens. The assailants fled before police officers arrived. The scene was processed, documented and investigations were launched by the Directorate of Criminal Investigations (DCI) through DCI Muhoroni, Criminal Registry No.60371 of 2026. Preliminary investigations established that property valued at approximately Ksh270,000 was stolen, while property worth Ksh36,000 was destroyed. Five persons sustained serious injuries during the attack. They were treated and P3 forms were duly completed.

Several persons of interest were summoned, interviewed and their statements recorded. Investigations led to the arrest of four suspects: Mr Bernard Ouma, Mr Thomas Onyango Ouma, Mr Walter alias Teddy Obul, and Mr George Wycliffe Omondi, alias Saitoti. They were presented before the Tamu Law Courts vide Miscellaneous Criminal Applications No.010 and 012 of 2026 where custodial orders of 14 days were granted to facilitate completion of investigations.

Investigations further established that Chemelil Sugar Academy has been experiencing a prolonged governance dispute arising from the transition, following the Government's leasing of Chemelil Sugar Factory in 2025. The dispute centres on the ownership, administration and management of the school, staff employment, collection of school fees and control of school resources. The dispute culminated in a case before the High Court in Kisumu. Interim conservatory orders were issued restraining any interference with the administration and operation of the institution pending further directions.

On whether the attack is linked to the operational transition, I believe that question has been addressed. There appears to be a correlation between the transition and attack on the school. Investigations are ongoing. The relevant Government ministries and courts pursue administrative and legal processes aimed at resolving the underlying governance dispute.

Hon. James K'Oyoo.

Thank you very much, Hon. Speaker. Let me also thank my good friend, the Chairperson of the Departmental Committee on Administration and Internal Security, for bringing this response to my Statement. However, I wish to inform him that the answers are grossly insufficient.

This issue arose between two protagonists: The lessee and the management of the school. As at the time of bringing this response, I wish to inform you that the lessee has not been asked to record a statement. This investigation might end nowhere because the DCI officers in Muhoroni who are supposed to investigate all the parties involved are in the payroll of the lessee.

The criminals were about 20 in number, but only four were arrested. The remaining 16 are walking freely. They are goons operating in Muhoroni and its environs. The police officers know them very well. Some of them work at Chemelil Sugar Company. The police officers know the time they report to work and when they leave. However, they were not arrested, summoned or arraigned in court. I ask you and the Government to be serious. Otherwise, I may be forced to ask my people to prepare to protect themselves and confront those who cause mayhem.

Hon. Chairman, I ask you to be serious and ensure proper investigations are conducted. You should ensure that the remaining 16 goons are arrested immediately and charged. You should also ensure that the lessee— who has been mentioned as one of the protagonists in this matter, regardless of how influential, important or wealthy he may be— records a statement on why he is attacking the school, when there are clear ways of resolving this dispute.

Thank you very much, Hon. Speaker.

Those are positive comments. Order, Members. The conversations and consultations are too loud. Order, Members. Hon. Donya take your seat. (Hon. Joshua Oron and Hon. Babu Owino consulted loudly) Order, Members. Order, Hon. Oron and Hon. Owino. I have very good lawns out there for Members who want to engage in animated discussions, so that we can have order in the House.

Members, allow me to acknowledge the following schools in the Public Gallery: Kariko School, Nyeri Town Constituency, Nyeri County; Chelilis School, Bureti Constituency,

Hon. Speaker, I beg your indulgence because the Chairman of the Departmental Committee on Administration and Internal Security has just finished responding to the earlier Statement.

Yesterday, somebody or a group of people, circulated a fake list. I have been informed that the list that was circulated on social media last night, of Commanding Police Stations (OCSs), purportedly from one community is fake. Misinformation and disinformation are now rampant. Unfortunately, that disinformation is being used for ethnic profiling. As a House, we have a responsibility, not only to protect individuals and communities, but also institutions like that of the National Police Service.

Therefore, I beg your indulgence, Hon. Speaker, to direct the Chairperson of the Departmental Committee on Administration and Internal Security, to Table before the House the actual list of all the Officers Commanding Police Stations in Nairobi City County, so that the hate mongers and the ethnic bigot using that list out there, may be put to shame, just as we have put to shame his surrogates when they purported that there were issues in the Finance Bill that did not exist. We have a responsibility as leaders, to not only inform the country, but also set the record straight. It has now become customary that you just generate a fake list, circulate it on social media and use it as a basis to profile ethnic communities.

I beg your indulgence that you direct the Chairperson of the Departmental Committee on Administration and Internal Security to get in touch with the Ministry of Interior and National Administration, and Table the list before the House, so that the country may know what kind of dangerous characters they are dealing, yet purporting to be leaders. You have seen some of their surrogates threatening other people and communities. This thing must come to an end. It is only this Parliament that can bring this profiling to an end.

I also ask the Committee in charge of cohesion, under the able leadership of Mzee Hon. Haji here, that they also take charge and ensure that the National Commission on Integration and Cohesion do its work in line with their constitutional mandate. It will only take one careless political leader to burn this country. We can clearly see that there is one ethnic bigot who is determined to burn this country. We must stop him and his surrogates in their tracks, as useless as they are.

Thank you, Hon. Speaker, for your indulgence.

Hon. Tongoyo.

Thank you, Hon. Speaker. I personally saw the circulation said to be the transfer or whatever it is. I even got in touch with the Inspector General (IG). I confirm without necessarily even looking for other response that it is fake, malicious and of course, done in bad faith, to achieve particular narrow interest of the people circulating it. There are procedures on how the National Police Service and the IG do their normal human resource duties which should not be interfered with by whosoever. The Constitution gives the IG the full mandate of such duties. For avoidance of doubt, I cannot

When can you do that?

Even tomorrow or Tuesday, next week.

It does not take long to compile a list.

Fine, tomorrow afternoon.

Tomorrow afternoon?

Yes, Hon. Speaker. I personally got in touch with the IG and it was very unnecessary and unfortunate.

Hon. KJ. I do not want to escalate this. I think the Leader of the Majority Party has made the point quite clear.

I must thank the Leader of the Majority Party for bringing this to the attention of the House. We are in a new world. We saw what happened in 2007 and we can foresee the precursors of such unhappening repeating itself as we go into the election. However, the lay of the land has changed. In 2007, all the hate and hate mongering was happening on the ground, but now, we have a new space called social media, internet and all the cyber spaces. So, I ask Hon. Tongoyo as he is preparing this report, to also check on the Bills that we have done. There are some that are for the safety of the public, but others are advanced Bills that are being put in for information that is private and regarded to be for the military, the police and the empowerment that has been given to these agencies so that they are able to comb through our social media because it is not a walk in the park.

Parliament has passed proper laws up to and including the Computer Misuse and Cybercrime Bill. Therefore, the instigation and violence that is being peddled in our social media is not good. There are politicians in this House who fear backlash whenever they go to court when they are offended on these matters. As a country, we might not allow people to go rogue on social media thinking that we are doing a favour to the electorate by not hitting back to the very small minority who are doing offensive work on our social media. Hon. Tongoyo and his Committee should dig further to make use of available technology so that we can stop the madness happening in the social media space. There are many Kenyans who have a right mind and are ready to use social media for their business enterprise, entertainment and other useful things in our country.

Point made. I do not want to escalate this. We have told Hon. Tongoyo to bring a response tomorrow. Hon. Kipchumba, take a minute.

Hon. Speaker, I wish to associate myself with the sentiments of the Leader of the Majority Party. I take great exception to the circulation of the fake list. The list was only meant to stir tribal and ethnic emotions in this country. Hon. Speaker, I thank you for the direction you have given the Chairman of Departmental Committee on Administration and Internal Security. A Committee of Parliament has powers similar to those of the High Court to call witnesses. It can summon and issue directives.

The Directorate of Criminal Investigations (DCI) must investigate this matter thoroughly. The Departmental Committee on Administration and Internal Security must investigate the matter because we have one indivisible country. We do not want ethnic profiling in this country. We are one people. We do not want to divide our country. We saw what happened in Rwanda. We do not want the same to happen in our country.

Hon. Ruweida, is it on the same issue?

Ndio. Asante, Mhe. Spika. Ni vizuri huu mjadala umetokea. Hata kama ni ya uongo na pengine hauna uhakika, ni wakati murwa wa kuzungumzia kila kabila. Ni matatizo na tunaomba yaangaliwe. Hii inaeza kuwa uongo, lakini

Let us stop there. Next is Hon. Lochakaping. Are you ready to respond to Hon. Umulkher?

Yes.

Go ahead.

Yes, Hon. Speaker. My name is Hon. Lochakapong.

Lochakapong, not Lochakaping. Kachapin is your Governor.

Kachapin is my Governor.

Okay.

Thank you, Hon. Speaker. This is a Statement regarding the status of refugee integration and economic empowerment in the country.

Hon. Umulkher Harun sought a Statement from the Chairperson of the Departmental

Hon. Umulkher.

Thank you, Hon. Speaker. I also thank the Chairperson for the detailed response. I have gone through the Report and it is very broad and heavily focused on programmes, but it does not touch on the real results on the ground.

Hon. Speaker, if you look at what has been happening in the refugee camps since the donor funding was reduced in 2025 and 2026, the youth and the refugees have been suffering, as well as the host communities. The Report focuses on the efforts that the Government of Kenya has made in providing education, health care, school feeding programmes and medical cover, through the Social Health Authority (SHA), for the refugee children. This is a responsibility of the Government of Kenya.

However, if you look at the role of our international donors and partners, you will note that their support has significantly reduced. The United Nations High Commissioner for Refugees (UNHCR) and the World Food Programme (WFP) must tell us what has happened to their funding and what efforts they are making to supplement the Government’s provisions. We are talking about human lives. Refugees have lived in these camps for more than 30 years. Some were born here, raised here and have educated their children here. They know no other home apart from Kenya.

When we talk about integration and resettlement programmes, some refugees are willing to return to their countries. However, with regard to the Shirika Plan referred to in this Report, it has existed since 2019. We continue to discuss the Shirika Plan and attend workshops, but the tangible results on the ground are still lacking. I, therefore, challenge the Department of Refugee Services to account for the work being undertaken by these donors.

Jobs have been lost, particularly among young people in the host communities. For example, many youths in Turkana and Dadaab, Garissa County have lost employment following the abrupt withdrawal of donor-funded programmes, without a proper exit strategy. This places an enormous burden on Kenyan taxpayers and on the Government. Therefore, I challenge the WFP and the UNHCR to tell us what work they are currently undertaking on the ground. Where has the funding gone? Why have so many young people lost their jobs? Why are refugees still confined to the camps without a clear and sustainable exit strategy? Notwithstanding those concerns, I appreciate the Report. There is much that we can do going forward.

Thank you, Hon. Umulkher. Hon. Lochakapong, that is a positive comment. You can engage hereafter.

Hon. Members, allow me to welcome students who are seated in the Speaker's Gallery: Hossen Mixed Day Secondary School, Marakwet West Constituency, Elgeyo Marakwet County and Skyking School, Chesumei Constituency, Nandi County. In the Public Gallery, we have Luciuti Primary School, Igembe North Constituency, Meru County and Boito Primary School, Eldama Ravine Constituency, Baringo County.

We welcome the students, their teachers and those accompanying them to the House of Parliament.

Yes, Hon. Speaker.

Hon. Speaker, pursuant to Standing Order 44(2)(c), Hon. Gitonga Mukunji requested for a Statement on 1st July 2026 regarding the status of leather industry in the country. I will, therefore, respond to the Question as submitted to me by the Cabinet Secretary.

One, is a report on the current status of the leather industry in the country providing inter alia the impact analysis of the reduction of export duty from 80 per cent to 50 per cent. Kenya ranks 6th in Africa and 11th globally by herd size with over 80 million livestock heads providing a robust raw material base of the leather sector. Between 2005 and 2023, the livestock population grew by roughly 65 per cent to 80 per cent and 75 per cent for cattle, goats and sheep respectively. Annual outtake is estimated at 3.65 million cattle, 12 million goats and

Chairman, can you paraphrase your statement? It is too long, and I can see you are still fumbling with many pages.

Hon. Speaker, I will move fast. On the implementation status, the Kenya Leather Industrial Park is situated in Kinanie, Machakos County. This is meant to ensure that the leather produced here is tanned and value-added in Kenya. On the measures that the Government is taking to unlock and adapt the potential of the leather industry, we have the Leather Value Chain Development Support Project. It is valued at 35 million euros and is being implemented under the Industrial Transformation Programme to develop the industry, in conjunction with the Government of Kenya through the Ministry of Investment, Trade and Industry (MITI).

The project aims at addressing structural weaknesses limiting the Kenyan leather industry. These include low value addition, inadequate processing capacity, weak competitiveness of micro, small and medium enterprises (MSMEs), poor raw material management, skills gaps and limited compliance with international leather standards. It will incentivise investors to occupy and operationalise the Kenya Leather Industrial Park located in Kinanie, Machakos County. We have the Ewaso Ng’iro South Development Authority (ENSDA) tannery. The tannery will support and increase capacity for leather processing, hides and skins and finished leather.

We have the establishment of common manufacturing facilities to enhance leather product manufacturing in MSMEs. The existing enterprises will be upgraded, and another 10 of them will be established and equipped in selected high-potential clusters. On mopping up of hides and skins, the project will establish a hides, skins and leather seed capital to facilitate the mopping up of hides and skins and avail them for value addition to ensure quality of hides and skins. This project will facilitate capacity building of farmers, butchers, flayers, and hides and skins traders.

On skills development and capacity building along the value chain, the project will improve productivity and competitiveness across the value chain. The various actors will be trained on their operations. The specialised skills required include leather processing and finishing, product design and development, as well as waste management and laboratory operations.

Other priority areas are modernising the policy, legal and industrial framework, improving hides and skins quality, collection and traceability, accelerating leather product manufacturing and micro and small enterprise upgrading and strengthening marketing standards and market access.

Hon. Mukunji.

Thank you, Hon. Speaker. At the onset, as you had said, that Statement was long, but without substance. This is a cosmetic report from a Ministry that has not appeared in this House since we came in. It is one of those ministries

Order, Hon. Mukunji. You are now debating the Statement. Just hold on. You should have the capacity to listen because when you talk, I listen. Take your seat. Your Statement sought the status of the leather industry in the country. He has given a very long, comprehensive Statement on its status. For you to interrogate the Statement properly is not to make those bellicose statements. Simply ask him what you think is incorrect in that status report so that he can respond. Go ahead.

Thank you, Hon. Speaker. I mean what I say because I have read the report. I was given the report and I internalised it fully.

Then interrogate it. Ask him to clarify.

Yes, I want to get into the substance. First of all, the report does not say why many tanneries continue to close down. We are now close to 18 tanneries that have closed down, yet there were local people who were trying to add value to the leather industry. The report does not address the issue of the declining production of leather products in this country. This has led to the loss of serious skilled employment. When these industries close down, people lose their jobs.

The operationalisation of the Kenya Industrial Park is a mirage that is actually embarrassing the President. Every time I hear the President speaking about the leather industry, he talks about the need to have shoes that are made in Kenya. A while back, I saw the President addressing somebody and he said that shoes must be produced in Kenya even although the Kenya Leather Industrial Park is yet to be complete. The current Government has one year only to go home. It has not made the solid waste management facility and it has not completed the effluent plant whose infrastructure is not in use. So, when I say that the Statement from the ministry is not making sense, I mean it.

In policy, the Ministry reduced the export duty from 80 per cent to 50 per cent which was meant to ensure that there is no illegal smuggling of hides and skin. However, the smuggling has continued within our borders. That is something that the ministry must explain to this House. It looks like the policy solution that we gave the ministry is working in reverse. Many of our hides and skins are being used in Nigeria as food. The ministry must come to this House to explain further on that issue. Without strong enforcement mechanisms of the laws that we pass in this House, we will continue to have the same issues recurring.

The ministry’s Statement has focused so much on promises, future investments and planned projects whereas we have projects that need to be actioned. We need to hear the ministry saying it has completed the Kenya Leather Industrial Park. However, the ministry has not said so. So, it is not right for the ministry to tell us that it is going to make sure that Kenya produces leather products and it has not completed what it is supposed to complete in the first place. The Statement is quite cosmetic

I also want to urge the ministry to do public participation and engage the stakeholders in this industry. When we get a Statement from the ministry, it must guide the House on the way forward.

There is also need to get evidence on what is happening in the leather industry, especially on matters policy. We do not have complete projects. Many of them are still being implemented. We have not put money in the budget to finalise the industrial parks that are supposed to deal with leather. We need to realise the potential the leather industry has in this nation. We should open the whole area of northern region for pastoralist to get good money by doing value addition to leather. So, I request the Committee to go back and talk to the ministry again. If possible, for the first time, the Cabinet Secretary should appear before the Committee to explain why the leather industry is going down instead of up.

Thank you, Hon. Mukunji. Chairman, those were just general comments, but if you have any response to any one of them, you can go ahead.

Hon. Speaker, I want to thank Hon. Mukunji for requesting for a Statement. However, I request him to give specific questions that he wants us to answer. Otherwise, the information he has given on the industrial park is not accurate. We allocated in the budget its final batch of money to make sure that it is operational in this financial year. That budget was passed by this House. We are on course and I believe the ministry’s Statement is accurate as per his request for a Statement.

Thank you. Statement number five is from Hon. Fredrick Ikana, Chairman of Transport and Infrastructure. There has been a request to defer it. So, it is deferred to next Tuesday.

Hon. Members, allow me to acknowledge in the Public Gallery, Legal Sisters Organisation from Dagoretti North, Nairobi and in the Speaker's Gallery the AHP Workshop Primary School from Belgut, Kericho County. On my behalf and on behalf of the House, we welcome all our visitors to the House of Parliament.

Thank you.

Hon. Members, this matter came up yesterday. Is Hon. Wanjala in the House? Any Member from the Committee on Implementation? We will give it the last chance tomorrow. If the Mover will not be here, I will use Standing Order 95 to put the Question, his absence notwithstanding.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 42 of the Bill be amended —

Hon. Temporary Chairman, I beg to move:

THAT, Clause 44 of the Bill be amended —

Hon. Temporary Chairman, I beg to move:

THAT, Clause 46 of the Bill be amended in subclause (1) by deleting the words “the Kenya Fisheries Advisory Council, stakeholders and the Board” appearing in the opening statement and substituting therefor the word “the Board, Council of County Governors, beach management units and other relevant stakeholders”. The amendment is consequential in line with the proposal to delete the provisions of the Kenya Fisheries Advisory Council and provides for the consultation of the relevant stakeholders before the Cabinet Secretary declares an area marine protected. (Question of the amendment proposed) The Temporary Chairman (Hon. Omboko Milemba): Yes, Hon. Millie.

Thank you, Hon. Temporary Chairman. You do realise that today I am not standing as much as I did the other day because we actually had a harmonisation process with the Committee.

I do not have today's Order Paper. I am actually using the previous one of 24th June.

The Temporary Chairman (Hon. Omboko Milemba): I am ordering the clerks to give Hon. Millie today’s Order Paper.

And because of that, I am not too sure whether my amendment is included. I am requesting the Chairperson because we had agreed that for me to withdraw my proposed amendment, the wording "Beach Management Units" and "Council of Governors" would be retained so that they are consulted. We agreed to remove the Kenya Fisheries Advisory Council, but include the Council of Governors and the Beach Management Units. If that is acceptable, they should be added.

The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman.

Hon. Temporary Chairman, I want to thank Hon. Millie because she contributed significantly to this amendment. We sat down with her and harmonised our proposals. I also want to assure Hon. Millie that because the Kenya Fisheries Advisory Council was removed, the provision now requires the Cabinet Secretary to consult with the Council of Governors and the Beach Management Units. So, it is captured.

The Temporary Chairman (Hon. Omboko Milemba): Very well. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 46 as amended agreed to) Clause 47 The Temporary Chairman (Hon. Omboko Milemba): Mover.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 47 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 48(5) of the Bill be amended by deleting the expression ‘1999’. The amendment seeks to align the title of the Environmental Management and Co- ordination Act with its new Chapter number, Cap.387. (Question of the amendment proposed) (Question, that the word to be left

out be left out, put and agreed to) (Clause 48 as amended agreed to) The Temporary Chairman (Hon. Omboko Milemba): Chairman, you must have your team in the House. This is your business and you must support it. So, get organised. Proceed. Clause 49

The Temporary Chairman (Hon. Omboko Milemba): Mover.

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 49 and substituting therefor the following new clause—

Fish landing stations etc 49. (1) The Cabinet Secretary may, on the recommendation of the Director-General, by notice in the Gazette provide for—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 53 of the Bill be amended–

Hon. Temporary Chairman, I beg to move:

THAT, Clause 54 of the Bill be amended in subclause (1) by deleting the word “live”. This is a deletion of the word “live”. It is to clarify the definition of fish, which includes live fish. (Question of the amendment proposed) (Question, that the word to be left

out be left out, put and agreed to) (Clause 54 as amended agreed to) (Clause 55 agreed to) Clause 56 The Temporary Chairman (Hon. Omboko Milemba): Chair.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 56 of the Bill be amended in the opening statement by deleting the words “Fish Marketing Authority” and substituting therefor the words “relevant stakeholders”. This is a consequential amendment as the Kenya Fish Marketing Authority established under part 13 has been deleted in line with the Cabinet directive on State Corporation reforms. (Question of the amendment proposed) (Question, that the words to be left

out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 56 as amended agreed to)

Hon. Temporary Chairman, I beg to move:

THAT, Clause 57 of the Bill be amended in subclause (2) by inserting the following new paragraphs immediately after paragraph (h)— (ha) conduct audits of the traceability mechanisms established by a person who engages in the handling, landing, transportation, processing or marketing of fish or fish products; The amendment seeks to enhance the functions of the Technical Committee on Fish Quality and Safety to include the conduct audits of the traceability mechanism. This is to enhance the safety of the fish and products in the sector. (Question of the amendment proposed) (Question, that the words to be inserted

be inserted, put and negatived) (Clause 57 agreed to) Clause 58 The Temporary Chairman (Hon. Omboko Milemba): Chair.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 58 of the Bill be amended by deleting the expression “2013”. This amendment seeks to align the title of the Treaty Making and Ratification Act with the new Cap No. 4D.

The Temporary Chairman (Hon. Omboko Milemba): Very well. (Question of the amendment proposed) (Question, that the word to be left out be left out, put and agreed to) (Clause 58 as amended agreed to) (Clause 59 and 60 agreed to) Clause 61 The Temporary Chairman (Hon. Omboko Milemba): Chair.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 61 of the Bill be amended by—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 63 of the Bill be amended —

Hon. Temporary Chairman. The Temporary Chairman (Hon. Omboko Milemba): Let me first propose the question. (Question of the amendment proposed) The Temporary Chairman (Hon. Omboko Milemba): Yes, Hon. Millie.

Thank you, Hon. Temporary Chairman. My apologies, I did not carry my card. I had proposed a similar amendment to delete the last part of this paragraph that says, “without good cause and without first consulting the affected community”. This is because one of the great concerns to artisanal fishers is people who are carrying out aquaculture activities depriving local communities of access to their traditional fishing grounds. Cage fishing is very good, but not to an extent that we kill our traditional fishing. They must coexist. That is why it is important to delete the words “without

Hon. Temporary Chairman, I beg to move:

THAT, Clause 64 of the Bill be amended—

I have an amendment. The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie.

Thank you. We had agreed with the Committee that I would drop the issue of genetically modification, provided that public participation is included in some of the matters. Therefore, I beg to move:

THAT, Clause 65 of the Bill be amended in subclause (2) by inserting the words “and public consultation” immediately after the words “environmental impact assessment”.

Hon. Temporary Chairman, the amendment proposed by Honourable Millie has already been addressed by the Committee’s proposal. I would also like to be on record stating that we heavily borrowed from her amendments, and this has been duly captured. I support Hon. Millie’s amendment. (Question of the amendment proposed)

Hon. Temporary Chairman, I beg to move:

THAT, Clause 66 of the Bill be amended in subclause (2) by deleting the word “may” and substituting therefor the word “shall”. This is to make it mandatory for the Director General to ensure that there is no introduction of fish in Kenya that may comprise any fisheries. (Question of the amendment proposed) (Question, that the word to be left out

be left out, put and agreed to) (Question, that the word to be inserted in place thereof be inserted, put and agreed to) (Clause 66 as amended agreed to) (Clause 67 agreed to) Clause 68 The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairperson.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 68 of the Bill be amended—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 70 of the Bill be amended by inserting the word “fish” immediately after the “modified”. This is simply a clean-up to clarify the information that is to be collected regarding fish.

The Temporary Chairman (Hon. Omboko Milemba): Is that all?

Yes. (Question of the amendment proposed) (Question, that the word to be inserted be inserted, put and agreed to) (Clause 70 as amended agreed to) Clause 71 The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie, proceed.

Thank you. After further consultations with the Chairperson, I have agreed to drop this proposal because the same provision is provided for under clause 60 (1).

Hon. Temporary Chairman, I beg to move:

THAT, Clause 73 of the Bill be amended—

Hon. Temporary Chairman, I have a further amendment.

The Temporary Chairman (Hon. Omboko Milemba): Let us deal with this one for the Chairperson then we come to yours.

(Question, that the words to be inserted be inserted, put and agreed to) We will now deal with Hon. Millie’s amendment.

Thank you. I propose the amendment as per the Order Paper, which I am introducing and has been approved by the Speaker.

Hon. Temporary Chairman, on the first amendment by Hon. Millie to Clause 73, if I look at the main Bill, Clause 63 reads, “that no person shall, by carrying out aquaculture activities, deprive the local communities of their traditional activities or access to fishing grounds without good cause and without first consulting the affected communities”. I thought that might address the amendment by Hon. Millie to Clause 73, if that can cure it, though there is something about "prior to".

I support the second amendment. Normally, tourists who come to the seashore hotels really want to enjoy the breeze and also the water attraction. If they find cages all over the place and, at times, when the fish are affected, like what happened when so many fish died in the Lake, it can create a very uncomfortable environment around that establishment. I support the amendment by Hon. Millie.

The Temporary Chairman (Hon. Omboko Milemba): Very well. You were convincing, Hon. Millie, and I am tending to get convinced that what you have read covers what Hon. Millie is also moving in the first part of her amendment. (Hon. Millie Odhiambo-Mabona spoke off the record) Hon. Millie, you are a very seasoned legislator. We do not need to over-legislate. Let us hear you on this.

Hon. Temporary Chairman, we actually discussed this, and the Chairman had indicated his reservations. However, there is really no harm because I have held several meetings, and sometimes, when you do not explicitly state something, people leave it to their own imagination and interpretation. This is

I do not want to leave it, even though I have seen there is a kind of ambiguity in the Bill. I think, Hon. Millie is giving the specifics. I do not mind that we go as per Hon. Millie's amendment, so that we put it in the law. Sometimes, when we leave it open in some areas…

The Temporary Chairman (Hon. Omboko Milemba): Very well. You have reached a consensus.

(Question, that the words to be inserted be inserted, put and agreed to) (Clause 73 as amended agreed to) Clause 74 The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 74 of the Bill be amended in subclause (2) by inserting the following new paragraph immediately after paragraph (f)— (fa) beach management units. The amendment requires the Beach Management Units to keep records and accounts and produce the same when required. This may help to enhance transparency and accountability. (Question of the amendment proposed)

On a point of order. The Temporary Chairman (Hon. Omboko Milemba): Go ahead.

Just before we go further, I have a proposed new Part. My understanding is that we will deal with that Part at the end; is that correct? Because if we are not dealing with it at the end. It deals with Clauses 74(a) and 74(b). If we are not dealing with it at the end, we need to move it at this point. That is what I need clarified. If it is clarified that we are dealing with it at the end, then I will wait. It is a new Part VIII—Artisanal Fisheries Development, Protection and Welfare.

The Temporary Chairman (Hon. Omboko Milemba): Very well, Hon. Millie. There is a specific point at which we shall deal with your amendment.

Thank you. The Temporary Chairman (Hon. Omboko Milemba): Where were we? We were on Clause 74, and I will take it again.

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

Hon. Temporary Chairman, I beg to move:

THAT, Clause 76 of the Bill be amended in subclause (3) by deleting the words “one million thousand” and substituting therefor the words “one million”. This is just a clean-up. (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 76 as amended agreed to) (Clauses 77 and 78 agreed to) Clause 79 The Temporary Chairman (Hon. Omboko Milemba): Hon. Chair.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 79 of the Bill be amended –

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 82 and substituting therefor the following new clause— Information available to the public.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 83 of the Bill be amended—

Thank you, Hon. Temporary Chairman. I withdraw my amendment.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) The Temporary Chairman (Hon. Omboko Milemba): Very well. Having withdrawn your amendment, I now proceed to put the Question. (Clause 83 as amended agreed to) Clause 84

The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie has an amendment.

Hon. Temporary Chairman, I notice that the amendment I had intended to withdraw was on Clause 84. On Clause 83, I had wanted counties to specify the time that it takes for an application. But the withdrawal is not fatal; it can be proposed later even in the Senate. I withdraw my amendment to Clause 84.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) The Temporary Chairman (Hon. Omboko Milemba): In that case Clause 84 has no amendment. (Clause 84 agreed to) Clause 85

The Temporary Chairman (Hon. Omboko Milemba): Chair.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 85 of the Bill be amended in subclause (1) by deleting the words “Board, on the recommendation of the”. This amendment seeks to clarify the role of the Director-General in issuance of licences and provides for operational efficiency. (Question of the amendment proposed) The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie, I know you have an amendment but take your cool.

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

The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 85 of the Bill be amended by inserting the following new subclause immediately after subclause (5)—

Thank you, Hon. Temporary Chairman. I am a Member of the Committee and I support what Hon. Millie says. From public participation, it was clear that people were anxious that if you vest too much powers on the Cabinet Secretary then what happens if he uses his discretion in a way that does not favour you? Where do you go? It is important that we have levels where one can appeal to and have a chance to be heard by more than one person. I support the amendment.

Thank you, Hon. Temporary Chairman. The Temporary Chairman (Hon. Omboko Milemba): Very well. Let us hear the Chair.

Hon. Temporary Chairman, I plead with Hon. Millie to drop the amendment because it is already provided for in the principal Act under Section 96 which says:

An applicant of a licence who is aggrieved by the decision not to grant or renew any licence or authorisation under this Act to the person who holds the licence or authorisation who is aggrieved by the decision to suspend or cancel such licence or authorisation may appeal to the Board within 30 days of receiving notification of such decision and may further appeal to the Cabinet Secretary within 60 days of receiving notifications of the Board’s decision. So, the provision for an appeal is already captured in the appeal.

The Temporary Chairman (Hon. Omboko Milemba): Very well. Let us hear Hon. Millie’s submission on this.

Hon. Temporary Chairman, it is very well provided for so I drop my amendment.

The Temporary Chairman (Hon. Omboko Milemba): Very well. I am fully convinced also.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 85 as amended agreed to) The Temporary Chairman (Hon. Omboko Milemba): Thank you, Chair, for being that abreast.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 86 of the Bill be amended—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 87(1) of the Bill be amended by deleting the expression “134” appearing in paragraph (j) and substituting therefor the expression “133”. That is the same amendment where we are writing expression ‘134’ instead of ‘133’ so it is just a cross-referencing error. (Question of the amendment proposed) (Question, that the words to be left out

be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 87 as amended agreed to) Clause 88 The Temporary Chairman (Hon. Omboko Milemba): Chair.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 88(1) of the Bill be amended in paragraph (d) by deleting the words “or fishing” appearing in subparagraph (iv) and substituting therefor the words “or fishing related activities”.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 89 of the Bill be amended —

Hon. Temporary Chairman, I beg to move:

THAT, Clause 90 of the Bill be amended—

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 91 and substituting therefor the following new clause— Period of validity of licences and authorizations.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 92 of the Bill be amended—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 93 of the Bill be amended in subclause (6) by deleting the words “five hundred thousand” and substituting therefor the words “one million”. The amendment seeks to harmonise the penalties prescribed. (Question of the amendment proposed) (Question, that the words to be left

Hon. Temporary Chairman, we have done a lot of consensus building. Otherwise, I would be standing on every amendment.

The Temporary Chairman (Hon. Omboko Milemba): Great.

I am just wondering whether the Chairman has moved the same amendment as mine or his is different. If it is the same amendment, I do not need to move mine. I just need to support him, except that I will comment later on the issue of sentencing policy, which I have told the Committee.

Since the Bill was not drafted at the committee level, there is a problem with the sentencing policy. It is a bit haphazard. They needed to have thought very clearly about the sentencing policy. As part of our agreed harmonisation, I have been dropping most of my amendments.

The Temporary Chairman (Hon. Omboko Milemba): That is the strength of winnowing.

(Proposed amendment by Hon. Millie-Odhiambo Mabona withdrawn) (Clause 93 as amended agreed to) Clause 94 The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie.

Hon. Temporary Chairman, as I had indicated, we agreed with the Chairman of the Committee on the issue of the sentencing policy, that it was not done well. However, to enable us to move forward, I dropped my amendment.

(Proposed amendment by Hon. Millie-Odhiambo Mabona withdrawn) (Clause 94 agreed to) (Clause 95 agreed to) Clause 96 The Temporary Chairman (Hon. Omboko Milemba): Mover.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 96 of the Bill be amended by—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 97 of the Bill be amended by deleting subclause (3) and substituting therefor the following new subclause—

We agreed on a consensus. The Temporary Chairman (Hon. Omboko Milemba): Very well. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to)

Hon. Temporary Chairman, I beg to move:

THAT, Clause 98 of the Bill be amended in subclause (1)(k) by deleting the words “shall be landed for sale” and substituting therefor the words “shall be landed for fish processing and sale”. The amendment seeks to require the following fishing vessels, granted authorisation or access rights to the process a certain percentage of fish in Kenya. This will contribute towards revenue generation through the blue economy sector. (Question of the amendment proposed) (Question, the words to be left

out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 98 as amended agreed to) Clause 99 The Temporary Chairman (Hon. Omboko Milemba): Mover.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 99(1) of the Bill be amended—

Hon. Temporary Chairman, this is part of the amendments that I said we have agreed on the sentencing policy. Therefore, I drop my amendment.

The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie, I missed what you said. Please, take the Floor again. I was talking to the clerks-at-the-Table.

Hon. Temporary Chairman, there are several clauses where we have agreed with the Committee on sentencing policy. Overall, I did not agree with the sentencing policy because you would find that in one instance, somebody is fined Ksh100,000 and jailed for five years while in the other, a person is fined Ksh100,000 and jailed for two years. So, it was not making sense. There is no logic in the sentencing. However, because we agreed with the Committee, I drop it.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 99 as amended agreed to) Clause 100 The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie has a proposed amendment.

Hon. Temporary Chairman, I withdraw my amendment.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 100 agreed to) (Clauses 101, 102, 103 and 104 agreed to) Clause 105

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 105 and substituting therefor the following new clause— Conditions for recreational fishing vessels.

I withdraw the amendment, Hon. Temporary Chairman.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 107 agreed to) Clause 108 The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie.

I withdraw the amendment, Hon. Temporary Chairperson.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 108 agreed to) Clause 109 The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie has a proposed amendment.

Hon. Temporary Chairman, I withdraw all the amendments because they are about sentencing policy. The Committee and I agreed that I would withdraw all the amendments on sentencing policy. The Temporary Chairman (Hon. Omboko Milemba): Okay, let us move until we get there. (Clauses 109 and 110 agreed to) Clause 111

The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 111 of the Bill be amended in subclause (1) by deleting the opening statement and substituting therefor the following new opening statement—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 112 of the Bill be amended—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 113 of the Bill be amended in subclause (5) by deleting the words “three years” and substituting therefor the words “six months”.

This amendment is an offence relating to keeping records as required by the Bill. It reduces the severe penalty. (Question of the amendment proposed)

Hon. Temporary Chairman, for records, I withdraw my proposed amendment.

The Temporary Chairman (Hon. Omboko Milemba): Thank you, Hon. Millie. (Clause 113 as amended agreed to) Clause 114 The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 114 of the Bill be amended in subclause (3) by deleting the words “three years” and substituting therefor the words “six months”. This is an offence relating to keeping of records as required by the Bill. Hence, the proposed amendment reduces the severe penalty. (Question of the amendment proposed) The Temporary Chairman (Hon. Omboko Milemba): Does Hon. Gikaria want to contribute to this amendment?

No. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie has an amendment in this Clause.

Yes, Hon. Chairman has reduced the sentences. So, I am okay. The Temporary Chairman (Hon. Omboko Milemba): Very well. (Clause 114 as amended agreed to) Clause 115 The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie.

Hon. Temporary Chairperson, I withdraw this amendment.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 115 agreed to) (Clauses 116 and 117 agreed to) Clause 118

Hon. Temporary Chairman, I beg to move:

THAT, Clause 118 of the Bill be amended in subclause (6) by deleting the words “one year” and substituting therefor the words “six months”. The amendment seeks to reduce the penalty. It does commensurate to the offence, under the provisions that relate to the requirements for application of aquaculture licence. (Question of the amendment proposed)

Hon. Temporary Chairman, I support. I had a similar amendment to reduce. So, I support the Hon. Chairman and drop mine.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) The Temporary Chairman (Hon. Omboko Milemba): Oh, very well. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 118 as amended agreed to) (Clauses 119 and 120 agreed) Clause 121 The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman,

Hon. Chairlady, I beg to move: THAT, Clause 121 be amended in subclause (3) by inserting the following new paragraph immediately after paragraph (b)—

Thank you, Hon. Temporary Chairman. It is just a concern. I have never seen such a big Bill. Next time, I would advise the Chairman of the Departmental Committee on Blue Economy, Water and Irrigation to divide this into oceans and lakes. This Bill is too long.

I drop. Thank you. (Proposed amendment by Hon. Millie Odhiambo-Mabona dropped) (Clause 123 agreed to) (Clause 124 agreed to) Clause 125 The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie.

Thank you. I drop. (Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 125 agreed to) Clause 126 The Temporary Chairman (Hon. Omboko Milemba): Hon. Millie.

Thank you, Hon. Temporary Chairman. I drop.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 126 agreed to) Clause 127 The Temporary Chairman (Hon. Omboko Milemba): Chairperson.

Hon. Temporary Chairman, I beg to move that Clause 127 be amended-

Yes. Thank you, Hon. Temporary Chairman. It is just to take some precautionary measures on this very, very important amendment. We have a problem that has always been escalating between Kenya and Uganda; what is it called, Hon. Millie? Migingo. It is important that, much as we give the Cabinet Secretary that leeway to do that, we must also be very careful to stop the happenings in Migingo and allow the boundaries to be respected.

Thank you, Hon. Temporary Chairman. The Temporary Chairman (Hon. Omboko Milemba): Very well. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to)

Hon. Temporary Chairman, I beg to move:

THAT, Clause 128 of the Bill be amended in paragraph (f) by deleting the expression “134” and substituting therefor the expression “133”. This is just to correct a cross-reference error, Hon. Temporary Chairman. (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 128 as amended agreed to) Clause 129 The Temporary Chairman (Omboko Milemba). Hon. Chairman.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 129 of the Bill be amended in subclause (2) by deleting the words “Advisory Council and” appearing in the opening statement. The amendment is a consequential amendment in line with the proposal to delete the Kenya Fisheries Advisory Council. (Question of the amendment proposed) (Question, that the words to be left

out be left out, put and agreed to) (Clause 129 as amended agreed to) (Clause 130 agreed to) Clause 131 The Temporary Chairman (Omboko Milemba). Hon. Millie.

Thank you Hon. Temporary Chairman. I drop.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 131 agreed to)

Hon. Temporary Chairman, I beg to move:

THAT, Clause 133 of the Bill be amended—

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 134 and substituting therefor the following new clause— 134 (1) Nothing in this Act or regulations made thereunder affects the entry of a vessel into a port in accordance with the laws of Kenya for reasons of force majeure or distress.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 139 (1) of the Bill be amended in paragraph (a)(i) by inserting the word “Kenya” immediately after the words “and outside the”. This is to align with the terminology used in the Act and make reference to power to stop enter or board a vessel in to regards fishing vessels which are within the Kenyan fisheries water. (Question of the amendment proposed) (Question, that the word to be inserted

be inserted, put and agreed to) (Clause 139 as amended agreed to) (Clause 140 agreed to) Clause 141 The Temporary Chairman (Hon. Omboko Milemba): Chair.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 141(1) of the Bill be amended—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 144 of the Bill be amended—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 146 of the Bill be amended—

Hon. Temporary Chairman, I beg to move:

THAT, Clause 147 (1) of the Bill be amended in paragraph (b) by deleting the words “under Section 147, in accordance with such standards and procedures as may be prescribed or approved by the Board” and substituting therefor the words “under section 146, in accordance with such standards and procedures as may be prescribed or approved by the Director-General”. The justification for this one is the same as the previous amendment. The observer programme does not have a board. That is why we are deleting. (Question of the amendment proposed) (Question, that the words to be left

out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 147 as amended agreed to) (Clauses 148, 149, 150, 151 and 152 agreed to) Clause 153 The Temporary Chairman (Hon. Omboko Milemba): Chair.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 153(1) of the Bill be amended by deleting the words “No liability shall attach to the Service and its officers, employees or other persons acting under the authority of the Service,” and substituting therefor the words “No liability shall attach to the Service or a county government and their officers, employees or other persons acting under the authority of the Service or a county government”. The amendment provides for protection from liability for county government officers undertaking duties in accordance with this Act. (Question of the amendment proposed) The Temporary Chairman (Hon. Omboko Milemba): Hon. Gikaria.

Thank you, Hon. Temporary Chairman. As much as I agree with the Chair on the amendment, it is also important for us to note that there are a number of officers who are negligent and cause accidents to happen while fishermen are doing their job. In Mombasa, for example, everyone should be out of the waters by 6.00 p.m. But an officer may allow people to be in the waters as late as 7.00 p.m. or 8.00

Hon. Temporary Chairman, I beg to move:

THAT, Clause 154 of the Bill be amended by inserting the words “or a county government, as the case may be,” immediately after the word “Service”. The amendment provides for insurance for county government authorised officers. (Question of the amendment proposed) (Question, that the words to be inserted

be inserted, put and agreed to) (Clause 154 as amended agreed to) Clause 155 The Temporary Chairman (Hon. Omboko Milemba): Chair, you have an amendment to this clause.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 155 of the Bill be amended in subclause (2) by inserting the word “shall” immediately after the words “member of a vessel” appearing in the opening statement. The amendment is a clean-up introducing the word “shall” to make it mandatory. (Question of the amendment proposed) (Question, that the word to be inserted be inserted, put and agreed to) (Clause 155 as amended agreed to) Clause 156 The Temporary Chairman (Hon. Omboko Milemba): Chairman.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 156 of the Bill be amended—

I drop it. (Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 157 agreed to) Clause 158 The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman.

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 158 and substituting therefore the following new clause— Vessels may be prohibited from entering port.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 159 of the Bill be amended by deleting subclause (4) and substituting therefor the following new subclause —

Hon. Temporary Chairman, I drop my amendment.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) (Clause 159 as amended agreed to) Clause 160 The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 160(1) of the Bill be amended in the opening statement by inserting the word “foreign” immediately before the words “fishing vessels”. The amendment provides a clarity that the inspection relates to foreign vessels. (Question of the amendment proposed) (Question, that the word to be inserted be inserted, put and agreed to) (Clause 160 as amended agreed to) (Clauses 161, 162, 163, 164 and 165 agreed to) Clause 166

The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman.

Hon. Temporary Chairman, I beg to move:

THAT, Clause 166 of the Bill be amended—

Hon. Temporary Chairman, I do not know whether the Chairman has thought through this, but when you give the county officials so many powers, they end up harassing fishermen. It could be one of those things that he needs to think through because the fishermen really complain that they get harassed by

Hon. Temporary Chairman, my concern which I would wish Chairman to consider, is that with the way our authorities are hyper-active in seizing or possessing goods, they may end up making sure that our fishermen at no given time land safely on any bay after fishing. They will get excuses. If it happens that goods are seized, fresh fish and other perishables from the ocean, we must get a way of disposing of them and the proceeds kept in a safe place in case of any dispute. After the dispute, the proceeds go to the owners, if it is found that they have not done anything illegal. After selling, where will the proceeds be kept and what about the right of the fishermen?

The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman, this is attracting attention; there must be something wrong or good with it. Let us hear from pilot, Hon. Ruweida.

Mhe. Mwenyekiti wa Muda, mimi sitaki kusema kinyume na wenzangu lakini tumekuwa na wale wavuvi… Sisi, bahari ni mazingira yetu. Mimi naona afadhali kuachiwa kaunti kuliko watu wengine ambapo mtu anashikwa halafu unaambiwa, “Mheshimiwa tumeshtakiwa” Unatafuta ni nani ameshtaki na ukipiga simu Coast Guard wanasema si wao. Hivyo wavuvi wanasumbuliwa. Afadhali iwe serikali ya kaunti, kule kwangu naona ni afadhali tunajua kwa gavana ni wapi. Wakati mwingine wanashikwa baharini ama kifaa kinachukuliwa na hujui ni nani amechukua. Mara unaweza kuambiwa ni Coast Guard ama vingine. Unazungushwa huku na huku. Mimi nakubaliana na pendekezo hilo kwa upande wangu. Sijui wenzangu upande mwingine.

The Temporary Chairman (Hon. Omboko Milemba): Tumekusikia. Umekuwa katika mazingira ya uvuvi kwa muda mrefu. Let us hear from Hon. Gikaria.

Hon. Temporary Chairman, I want to agree with my dear sister, Hon. Millie. We should not give too much power to these county government officials. You understand how these people operate. I have been in the municipality and I know how these people operate. Even now in Nakuru, they do not have any responsibility irrespective of the illegal fishing happening in Lake Nakuru, these officers from the county harass the fishermen so badly. If they are given a leeway by the law, then they will have all the excuses to harass them. It is important, as Hon. Millie has said, for the Chairman to rethink about that aspect.

The Temporary Chairman (Hon. Omboko Milemba): Hon. Chairman, these are the feelings of the House.

Hon. Temporary Chairman, if you check the substantive Bill, the heading of Part XIV is “Requirements for Arrested Persons and Seized Items”. This clause relates to the arrest, detention and release of crew members of foreign fishing vessels. Assuming we apprehend those engaged in unregulated and unlicensed

Hon. Temporary Chairman, I beg to move:

THAT, clause 179 (1) of the Bill be amended —

Hon. Temporary Chairman, I beg to move;

Hon. Temporary Chairman, I beg to move:

THAT, Clause 182 (1) be amended by deleting the word “Attorney-General” and substituting therefor the words “Director of Public Prosecution”. The prosecutorial powers are under the mandate of the Director of Public Prosecutions (DPP) in accordance with Article 157 of our Constitution, not the Attorney-General. Hence, the amendment aligns the provisions with the Constitution. (Question of the amendment proposed) (Question, that the word to be left

out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 182 as amended agreed to) (Clauses 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194 and 195 agreed to) Clause 196

Hon. Temporary Chairman, I beg to move:

THAT, Clause 196 of the Bill be amended by deleting the words “except the Government and its employees”. If you look at the Order Paper, it is creating liability upon any person who causes harm or damage to any personal vessel. It excludes the Government and its employees. I am not aware of when the law changed to allow you to hold the Government or its employees to account. I suggest we remove “except the Government and its employees”. Any person who incurs loss or damage as a result of harm by a violation of any provision of this Act or accompanying regulations may bring civil action to a court of competent jurisdiction against any responsible person. It should not exclude the Government and its employees.

I support the amendment by Hon. Millie because we have also seen Government employees committing offences. The law should cut across.

The Temporary Chairman (Hon. Omboko Milemba): Thank you, Chair, for your firmness and clarity on that support.

(Question, that the words to be left out be left out, put and agreed to) (Clause 196 as amended agreed to) What is your point of order, Hon. Gikaria?

I want to understand what Hon. Millie has moved and what the Chair moved to exonerate. Sometimes, most things pass you by if you sleep for a minute during the Committee of the whole House.

As Hon. Millie has indicated, it should be any person. We should not exclude government officials. We passed a clause stating that government officials will not be held liable. Maybe I got lost somewhere. I want to get clarification. Are we vacating what we passed earlier and adopting what Hon. Millie has said?

The Temporary Chairman (Hon. Omboko Milemba): We can check through. I am also sure that the backup staff of the Departmental Committee on Blue Economy and Irrigation are in the House. You can also find out whether there are any omissions. If they are there, we can recommit the clauses at the end. But this is a good law. From where we sit, as parliamentarians, we would not like to make a law for only a section of people and leave others out, which could be misused. Up to and including that clause, this is very good legislation, but do your research.

Hon. Chairman, do you have any comment on this, or shall I proceed?

Proceed, Hon. Temporary Chairman. I seconded what Hon. Millie said. At the same time, a government employee who discharges official duty should not be victimised.

The Temporary Chairman (Hon. Omboko Milemba): Does official duty include the destruction of property?

No. The Temporary Chairman (Hon. Omboko Milemba): My friend, this is a good law. Hon. Chairman, let us proceed. Clause 198

The Temporary Chairman (Hon. Omboko Milemba): There is an amendment by the Leader of the Majority Party. Hon. Chairman, are you stepping in for him? You also have an amendment.

Hon. Temporary Chairman, we had a consensus and conversation with the Leader of the Majority Party. All the amendments he had proposed are already factored into the Committee’s amendments. Hon. Owen Baya is here. The Leader of the Majority Party and I agreed that he would drop his amendment.

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Part XVIII and substituting therefor the following new Part—

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 199 and substituting therefor the following new clause—

Following consensus, we will drop our amendments and allow the Chairperson’s amendments to proceed.

The Temporary Chairman (Hon. Omboko Milemba): Chairperson, you can proceed. (Proposed amendment by Hon. Kimani Ichung’wah dropped)

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 200 and substituting therefor the following new clause—

We drop our amendments. The Temporary Chairman (Hon. Omboko Milemba): Very well. (Proposed amendment by Hon. Kimani Ichung’wah dropped) Hon. Millie, you can proceed.

Thank you, Hon. Temporary Chairman. I see the Leader of the Majority Party has taken a cue from me by dropping their amendments. However, I am not dropping this one.

I beg to move: THAT, clause 201 of the Bill be amended—

Hon. Temporary Chairperson, Clause 201 of the principal Bill has to do with the Kenya Fish Marketing Authority, which we are deleting, in its entirety, in this Bill. This aligns with the Cabinet proposal on state corporation reforms. Therefore, what Hon. Millie has proposed will not be accepted because the Kenya Fish Marketing Authority and the entire clause of the Bill are dead. It is not there. I will persuade my leader to withdraw.

The Temporary Chairman (Hon. Omboko Milemba): She seems to be following. Could the new body replacing it be causing the errors Hon. Millie is alluding to?

If you check throughout the Bill, when we deleted the Kenya Fish Marketing Authority, we transferred the function to the Ministry.

The Temporary Chairman (Hon. Omboko Milemba): I hope the Ministry is still… let me hear from Hon. Millie. I am now engaging. You know these are labour issues.

Thank you, Hon. Temporary Chairman. On that, it is to withdraw. I am not a miracle worker; I cannot create an authority that does not exist. If the Kenya Fish Marketing Authority no longer exists, then my proposed amendments would be dead as well.

(Proposed amendment by Hon. Millie Odhiambo-Mabona withdrawn) The Temporary Chairman (Hon. Omboko Milemba): Let me hear out Hon. Gikaria.

I would have supported Hon. Millie on the aspect of gender parity. Irrespective of whether this has been deleted, I remember there was a tribunal. That issue of gender should also be taken into consideration. However, the Chair has indicated that it has been deleted.

Thank you, Hon. Temporary Chairman. (Clause 201 agreed to) Clause 202 The Temporary Chairman (Hon. Omboko Milemba): Deputy Leader of the Majority Party. You have several amendments; get the Order Paper now.

We agreed to drop all these amendments. (Proposed amendment by Hon. Kimani Ichung’wah dropped) (Clause 202 agreed to) Clause 203

Yes. (Proposed amendment by Hon. Kimani Ichung’wah dropped) (Clause 203 agreed to) Clause 204 The Temporary Chairman (Hon. Omboko Milemba): The Deputy Leader of the Majority Party.

I drop. (Proposed amendment by Hon. Kimani Ichung’wah withdrawn) (Clause 204 agreed to)