ICHUNG’WAH ANTONY KIMANI

Yes, Hon. Deputy Speaker. Thank you very much. On behalf of the Member for Kilifi North and the Deputy Leader of the Majority Party, Hon. Owen Baya, who has just stepped out to prepare for the funeral of Speaker Kingi’s father in Kilifi, let me take this opportunity to welcome...

Thank you, Hon. Speaker. Allow me to join you in condoling with the families of the late Hon. Cheptumo and the late Hon. Malulu Injendi. I happen to have joined this House at the same time as the two Members in the 11th Parliament. I can attest to what you...

Thank you, Hon. Speaker. Hon. Cheptumo served as a Member and later as Chairman of the Committee on Delegated Legislation with a lot of diligence. For those who were with us in the 12th Parliament, considering the numerous regulations for approval in the House, we will remember the dedication with...

Hon. Speaker, I beg to move the following Motion: RECALLING THAT, the African Union (AU) , the successor of the Organisation of African Unity (OAU) , was launched in 2002 as a continental body consisting of the 55 member-states that make up the countries of the African continent with the...

If we do not, he will make it a habit. Tomorrow, he will make all manner of allegations against any one of us here or the President. They have made it a sport to move around the country in funerals insulting the President. I hear they call themselves itungati. Itungati...

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 171 (1) (f) , this House approves the appointment of the following Members to the House Business Committee in addition to those specified under paragraphs (a) , (b) , (c) , (d) and...

Hon. Speaker, as Hon. Members may be aware, this is a very critical Committee. The other Members of the Committee sit there by virtue of their offices. With those few remarks, I beg to move and request Hon. Adan Keynan to second.

Thank you, Hon. Speaker. In replying, the House Business Committee is properly and duly constituted, with or without the participation of the four Members of the Azimio Coalition, and it will sit. Hon. Speaker, as the Chairman of the House Business Committee, you will advise us on when to have...

Thank you, Hon. Speaker. I welcome Members back to the House after the long recess and join you in thanking them for showing up during the Special Sitting last month. I also take cognisance of the issues before you and the House. Let me start on a light note. My...

So that I do not waste much time, you are being called upon to determine something from the status quo ante. The court has annulled your ruling of October. Respect to that court ruling is paramount. You must respect it. In respect of that court ruling, I have appeared here...

Thank you, Hon. Speaker. Mine is a point of order on a matter of decorum in the House. I was scrolling my phone on what is going on and I saw Hon. Salasya, the Member for Mumias East, livestreaming the proceedings of the House and recording himself from his seat...

Hon. Speaker, I beg to lay the following papers on the Table: List of nominees to 62 National Government Constituencies Development Fund committees submitted by the National Government Constituencies Development Fund Board—

Hon. Speaker, I beg to move that the Persons with Disabilities Bill (Senate Bill No.7 of 2023) be now read a Third Time. I also request Hon. Zamzam, the Member for Mombasa County to second.

Thank you, Hon. Speaker. Dr. Nyikal is a very good medical doctor. Therefore, you are right that he could check if there is any problem with Hon. TJ Kajwang, whom we cannot afford to be without in this House. Dr Nyikal must ensure he is okay. APPROVAL OF NOMINEES FOR...

Hon. Speaker, I hear the Leader of the Minority Party. I am speaking about the nominees on this list who are former governors: Kabogo and Lee Maiyani Kinyanjui. With my knowledge and as a constituent of Kiambu County,and not as a pollster, I am capable of ranking performance in terms...

Thank you, Hon. Speaker. First, allow me to take this opportunity to thank all Members for their contributions and support to these nominees who were vetted under your chairmanship. In replying, I have listened to the sentiments of many of the contributors. It is important to re-emphasise what many of...

Thank you, Hon. Speaker. This is a very short Motion. Hon. Speaker, I beg to move: That, the House considers the Senate amendments to the Gambling Control Bill, (National Assembly Bill No.70 of 2023) be now considered. This Bill was passed in this House early last year, if we may...

Hon. Speaker, I beg to lay the following Papers on the Table: 5th December 2024 NATIONAL ASSEMBLY DEBATES 7

Hon. Speaker, I beg to move the following Procedural Motion: THAT, pursuant to the provisions of Section 13 of the Public Appointments (Parliamentary Approval) Act, 2011 relating to extension of period of consideration of nominees for appointment to a public office, this House resolves to extend the period for consideration...

Thank you, Hon. Speaker. This is the usual Thursday Statement. Today is a special Thursday since it is the last Thursday this year for normal Sittings. Hon. Speaker, pursuant to the provisions of Standing Order 44 (2) (a) , I rise to give the following Statement on behalf of the...

Hon. Temporary Chairlady, I oppose that amendment. I completely disagree with the argument being advanced by Hon. Caroli. The Bill already provides for the process of approval or annulment by the National Assembly. I would not want to mention some things, but there are situations when the KRA is not...

Hon. Temporary Chairlady, I support. Considering Kenya has signed quite a number of bilateral and multi-lateral trade agreements, for instance, African Free Continental Trade Area (AFCTA) , you will find a lot of competition coming from the region and other countries like South Africa. Therefore, this amendment seeks to protect...

Hon. Temporary Chairlady, I support that particular amendment by the Chairman, Hon. Kuria Kimani. As I said yesterday, this is in 4th December 2024 NATIONAL ASSEMBLY DEBATES 46 response of the qualitative and quantitative public participation that we spoke about. Some Hon. Members have been speaking in funerals, weddings and...

Hon. Temporary Chairlady, I beg to move that the House reports its consideration of the Tax Procedures (Amendment) (No.2) Bill, (National Assembly Bill No. 46 of 2024) , and its approval thereof with amendments. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you. (Question proposed) (Question put and agreed...

I second. (Question proposed)

Hon. Temporary Chairlady, I beg to move that this House do agree with the report of the Committee of the whole House on its consideration of the Tax Procedures (Amendment) (No. 2) ,Bill (National Assembly Bill No.46 of 2024) . I also request Hon. Donya to second this Motion.

Hon. Speaker, I beg to move the following Procedural Motion: THAT, noting that this House will be proceeding for a long recess from Friday, 6th December 2024 to Monday, 10th February 2025, in accordance with its Calendar, taking cognisance of the implications of the provisions of Standing Order 141 (2)...

Hon. Speaker, I beg to move that the Tax Procedures (Amendment) (No.2) Bill (National Assembly Bill No.46 of 2024) be now read a Third Time, and I request Hon. Ng’elechei to second.

THAT, the clause 3 of the Bill be amended by deleting the new paragraph (d) and substituting therefor the following new paragraph− “ (d) a core capital of at least ten billion Kenya shillings in the case of a bank or a mortgage finance company: Provided that the provisions of...

On a point of order, Hon. Temporary Chairman. The Temporary Chairman (Hon. Farah Maalim) : What is your point of order, Hon. Leader of the Majority Party? Hon. Temporary Chairman, this is just to guide the Member that we are in Committee, not in the Second Reading. He is also...

Hon. Temporary Chairman, I seek your indulgence to give us a few minutes to consult with the Chair and the Members of the Departmental Committee on Finance and National Planning on that clause. There is a risk of going back to the three years that is in the Bill. I...

On a point of information, Hon. Temporary Chairman. The Temporary Chairman (Hon. Farah Maalim) : Leader of the Majority Party, do you want to say something? Just a point of information I wanted to give the Member for Ruaraka. The Temporary Chairman (Hon. Farah Maalim) : He is not on...

On a point of order. The Temporary Chairman (Hon. Farah Maalim) : Hon. Kimani Ichung’wah, what is your point of order? Hon. Temporary Chairman, I implore you to guide the House that we are in the Committee of the whole House, not at Second Reading. Allow me to correct what...

4th December 2024 NATIONAL ASSEMBLY DEBATES 39 THAT, the Bill be amended by deleting clause 20 and substituting therefor the following new clause— Sorry, Hon. Temporary Chairman. It is because we have two amendments. All we are doing is require that the Kenya Bureau of Standards (KEBS) may liaise with...

Must you stand up to tell us that?

THAT, Clause 25 of the Bill be amended in the proposed new section 14D by deleting the proposed subsection (2) Subsection 2 required that the inspection body should be domiciled in Kenya for tax purposes. Some inspection bodies are based outside the country and accredited by KEBS resulting to double...

Hon. Temporary Chairman, if Hon. Makali listened to me, I talked of an amendment in the proposed new Section 14D by deleting the proposed subsection 2. Therefore, I intend to leave the first part of Section 14D (1) . The deletion of the whole clause is the Committee’s amendment. I...

4th December 2024 NATIONAL ASSEMBLY DEBATES 48 THAT, Clause 36 of the Bill be amended by deleting the proposed new sub- section (5) and substituting therefor the following — “(5) The incentives and tax benefits granted to a licensed special economic zone developer, operator or enterprise under this Act or...

I beg to move that the New Clause 39 be now read a Second Time. This is a consequential amendment further to the amendment we moved on Clause 20 that required the KEBS to get relevant information from other government agencies. New Clause 39 (1) says that the Director-General of...

No. I was explaining to the Member for Mathira the question that Hon. Mwenje had asked. Indeed, it is true that it is exactly the 4th December 2024 NATIONAL ASSEMBLY DEBATES 52 intention. I do not think it will be too cumbersome for KEBS, as Hon. Oundo says, in this...

Hon. Temporary Chairman, I beg to move that the Committee do report to the House its consideration of the Business Laws (Amendment) Bill (National Assembly Bill, No.49 of 2024) and its approval thereof with amendments. (Question proposed) (Question put and agreed to) THE TAX LAWS (AMENDMENT) BILL

On a point of order, Hon. Temporary Chairman. The Temporary Chairman (Hon. Farah Maalim) : Yes. Thank you, Hon. Temporary Chairman. I seek your guidance. This is because on the Order Paper, the amendment by Hon. Kaguchia is subject to Article 114 of the Constitution. The Temporary Chairman (Hon. Farah...

He has supported the...

Hon. Temporary Chairman, just to inform Hon. Atandi that in the Bill, we are also increasing Excise Duty on betting from 12.5 per cent to 15 per cent. That is to persuade him to support the Hon. Chairman on that amendment. The Temporary Chairman (Hon. Farah Maalim) : Hon. Mwenje.

On a point of order, Hon. Temporary Chairman. The Temporary Chairman (Hon. Farah Maalim) : Order, Hon. Wakili. You are on a point of information, but the Leader of the Majority Party is on a point of order. Hon. Temporary Chairman, sorry I had to rush back. I was taking...

On a point of order, Hon. Temporary Chairman. The Temporary Chairman (Hon. Farah Maalim) : Yes. Is the Leader of the Minority Party in order to question your decision? This is a serious constitutional matter that relates to Article 114 of the Constitution. I am not the one who has...

Hon. Temporary Chairman, just for clarity, I want Hon. Wamacukuru to listen to me because he is a consumer of ceramic tiles. For clarity, the Bill... (Hon. John Kaguchia and Hon. David Kiplagat consulted loudly) The Temporary Chairman (Hon. Farah Maalim) : Order, Hon. Kaguchia. If the Hon. DK listened...

Hon. Junet is misusing my name that I only use imported tiles. I use tiles manufactured by a manufacturer called SAJ Ceramics on Mombasa Road. They have a factory in Athi River. There is a reason I say that we must ask ourselves what is anchoring the legislation we are...

Hon. Temporary Chairman, I was cut short on a point that was not really one. In fact, the Hon. Member for Mukurweini has confirmed that indeed it is the people of Mukurweini that we seek to support because the clay that is coming from that constituency and many others across...

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said report. I also request Hon. Junet Mohamed to second the Motion for agreement with the report of the Committee of the whole House.

Hon. Temporary Speaker, I beg to move that the Business Laws (Amendment) Bill (National Assembly Bill No.49 of 2024) be now read a Third Time. I request Hon. Wamumbi Eric to second. 4th December 2024 NATIONAL ASSEMBLY DEBATES 86

Hon. Temporary Speaker, I beg to move that the House do agree with the Report of the Committee of the whole House in consideration of the Tax Laws (Amendment) Bill (National Assembly Bill No.47 of 2024) . I request Hon. Junet Mohamed to second the Motion.

Hon. Temporary Speaker, I beg to move that the Tax Laws (Amendment) Bill (National Assembly Bill No.47 of 2024) be now read a Third Time. I request Hon. (Prof.) Phylis Bartoo to second.

Thank you, Hon. Temporary Speaker. I take this opportunity to first thank all the Members of the Departmental Committee on Finance and National Planning, for the dedication they have put into the processing of this Bill. As I mentioned yesterday, the Members of this Committee sat up from the previous...

Thank you, Hon. Temporary Speaker. KI is Kimani Ichung’wah. I hear Members asking who is that. Hon. Temporary Speaker, I rise to second. Just before I begin, let me clarify that we are debating the Tax Procedures (Amendment) (No.2 Bill) of 2024, not the Committee's Report, because I heard my...

Thank you, Hon. Deputy Speaker. I take this opportunity to thank all the Members who have contributed. Without anticipating debate, I believe that tomorrow, when we get to the Committee of the whole House, we will bear in mind some of the salient issues that Members have raised, especially around...

Thank you, Hon. Deputy Speaker. I beg to move that the Business Laws (Amendment) Bill (National Assembly Bill No.49 of 2024) be now read a Second Time. Allow me to, first, thank the Chairpersons and Members of the Departmental Committee on Trade, Industry and Cooperatives and the Departmental Committee on...

Thank you, Hon. Speaker. I beg to move the following Procedural Motion: THAT, pursuant to Standing Order 30 (3) (a) , this House orders that, should the time appointed for adjournment of the House be reached before conclusion of business listed as Order Nos.11, 12, 13, 14 and 15 in...

Thank you, Hon. Speaker, for that Communication. It is informing the House that the Cabinet Secretary for the National Treasury and Economic Planning has confirmed that he will disburse Ksh5 billion at the end of this month and another Ksh7 billion every month until June 2025. This will ensure that...

Yes, only 90 NG-CDF constituency committees have submitted their proposals to the Board. The rest will not access the money until they submit their proposals. As we go on recess, those who oversee the constituency committees should push them to submit their proposals. The deadline is Friday, 6th December

Hon. Speaker, I beg to lay the following Papers on the Table: I will go on.

Hon. Temporary Speaker, the Chair of the Committee is not moving the Bill in any amended form. He has moved the Bill and talked about it, having been informed by what the Committee Report said. Hon. Nyikal was this morning complaining that committee reports are not circulated. Now, the Committee...

Thank you, Hon. Temporary Speaker. I rise to second. I want to thank the Chairman and all the Members of his Committee for the immense work they did. Many a times, a lot of work is put into legislative work but nobody ever appreciates. Members of the public out there...

Hon. Speaker, the Chairman and Vice- Chair are in a coffee engagement at Serena Hotel. I thought they would have been here by now. We may, probably, ask the Chairman to excuse himself from that meeting. Very consistent.

Thank you, Hon. Deputy Speaker. I rise to second this Motion on GGGI. For the information to the House and in addition to what the Chair-Designate of the Departmental Committee on Environment, Forestry and Mining, Hon. Ngogoyo, Member for Kajiado North has said, Kenya’s letter of intent to join as...

THAT, the Public Audit (Amendment) Bill, (National Assembly Bill No.4 of 2024) , be now read a Second Time. The Public Audit (Amendment) Bill, (National Assembly Bill No.4 of 2024) , seeks to amend the Public Audit Act on the basis of a court ruling filed by Transparency International versus...

Hon. Deputy Speaker, I never meant to say lawyers are not truthful. As you have said, and Hon. TJ agrees with you, for a lawyer, one plus one can be anything. But for an accountant, one plus one must be two and it cannot be anything else. To safeguard public...

Thank you, Hon. Deputy Speaker. I thank the Members who have contributed on this Bill. As they have all said, this is a very critical Bill at this time, especially in relation to not just aligning the provisions of the Public Audit Act to the court ruling and to the...

Hon. Deputy Speaker, I beg your indulgence to move a short Procedural Motion. The time now is 5.00 O’clock and the next order of Business is the Committee of the whole House on the Co-operatives Bill, (National Assembly Bill No.7 of 2024) , which is quite a heavy Bill. Noting...

Hon. Temporary Chairman, I want to support. Clause 12 gives the responsibility to the county public service board to appoint such number of technical officers to the office of the county director for co-operatives. The fallacy we find with many of our county governments and the county public service boards...

Hon. Temporary Chairman, I beg to move that the House do report its consideration of the Co-operatives Bill, (National Assembly Bill No. 7 of 2024) , and its approval thereof with amendments. (Question proposed) (Question put and agreed to) (The House resumed) IN THE HOUSE [The Temporary Speaker (Hon. Farah...

Yes, Hon. Deputy Speaker. Thank you for this opportunity. Allow me to first thank Hon. Makali Mulu for moving this Bill. I also thank Hon. Mwadime who is the Governor of Taita Taveta. He was the original sponsor of this Bill in the last Parliament. It is good that Hon....