ICHUNG’WAH ANTONY KIMANI

Thank you, Hon. Deputy Speaker. Let me begin by thanking the Deputy Leader of the Majority Party and the Deputy Leader of the Minority Party for moving and seconding this Bill on my behalf and the Leader of the Minority Party respectively. As stated, the Leader of the Minority Party...

Thank you, Hon. Temporary Speaker. Let me begin by thanking all the Members who have contributed. As I sat in the office listening to the contributions, I could tell many of the Members are eager to have this Bill enacted to become an Act of Parliament, to safeguard the existence...

Hon. Temporary Speaker, I could raise the issue that Hon. Baya wanted to raise. It is nothing out of order. It is only that the Mover of the Motion that follows this one left earlier. Therefore, we request that you stand down the next Order. ADOPTION OF REPORT ON INSPECTION...

Thank you, Hon. Speaker, for that Message. I have listened to what the Leader of the Minority Party portends. One would even argue that we do not have any role in the matter if it is not a constitutional requirement. We must appreciate that the President and the Executive have...

Hon. Speaker, it is unfortunate that Hon. Omboko has just completed. I found it out of order to anticipate debate on a Supplementary Estimates Motion that has not even been tabled in the House. He is appealing to Members to support. I was wondering about the Supplementary Estimates he is...

Hon. Speaker, firstly, allow me to thank you. As they said in 2009 when Speaker Marende made his Solomonic ruling on the issue of Leader of Government Business, your ruling also ranks among those that are informed by Solomonic wisdom. (Applause)

It is not unprintable.

Hon. Speaker. I will also restrain myself from commenting on the rumbling letter by Hon. Jeremiah Kioni. As you have noted, he is a former Member of this House. He ought to address the Office of the Speaker and any Member of this House with the respect that they deserve,...

I can hear Hon. Keynan claim that they are now 27 Members. I do not know because I am a former Member of the Jubilee Party. There are 21 or 27 Members of the Jubilee Party who subscribe to the leadership of Hon. Sabina Chege and one faction which disassociates...

Yes. The Temporary Chairman (Hon. Omboko Milemba) : Proceed. Thank you, Hon. Temporary Chairman. I rise to support this amendment. As I said during the Second Reading, if we include shareholders, we will hold innocent people to account for things that they had no control of. I may own a...

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said report. I also request Hon. Melly 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 Insurance (Amendment) Bill (National Assembly Bill No.18 of 2023) be now read a Third Time. I also request honourable mwalimu of Kibra to second.

Thank you, Hon. Temporary Speaker. I hope she is well advised. Let me say that the Member of Parliament for Mavoko started his contribution very well, but he finished it in a very unfortunate manner by attempting to disparage Members of Parliament who represent their people based on their ethnicity,...

I issued a cautionary statement to Uhuru Kenyatta and his family when people invaded Uhuru Kenyatta's land last year. (Hon. Mark Mwenje spoke off the record) Hon. Mwenje reminds me it was this year. The other day, you heard the Chairman of Mungiki asking his members who invaded Hon. Uhuru's...

On a point of order, Hon. Temporary Speaker.

On a point of information, Hon. Temporary Speaker.

On a point of order, Hon. Temporary Speaker.

Hon. Temporary Speaker, I was seeking to guide my brother, Hon. Kirima. He said he does not desire to be informed and is completely out of order. The debate before us is about the land in Mavoko, and not KU and Kamae. That is because the KU case, unlike the...

It is extremely out of order for the Hon. Member to be misleading the House and, indeed, the country because that is what makes everybody feel that there is unfairness. This is because even the people of Mavoko could sit and negotiate with EAPC as genuine squatters to get a...

To clarify, I have bought land in Nairobi on a certificate. However, I knew the certificate was not a title; it did not confer ownership to me. We went and negotiated with the owner of the land in Embakasi. Hon. Kivasu Nzioka is here, and he can bear me witness....

On a point of order, Hon. Temporary Speaker. Hon. Joyce Kamene, the Leader of the Majority Party is on a point of order. Hon. Temporary Speaker, my apologies to Hon. Joyce Kamene for interrupting her contribution. I rise under Standing Order No.90 on declaration of interest. When I mentioned that...

Thank you, Hon. Speaker. First, let me commend all the Members who have spoken on this issue, particularly the Member for Lamu East for raising it. I cannot agree more with the sentiments of most Members who have spoken, 18th October 2023 NATIONAL ASSEMBLY DEBATES 6 beginning with what the...

Hon. Speaker, I beg to move that the Insurance (Amendment) Bill (National Assembly Bill No.18 of 2023) be now read a Second Time. This is a very short Bill with five clauses, some of which are clean-ups of the Insurance Act. The first one is on Section 40 of the...

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

Hon. Speaker, I beg to move the following Motion: AWARE THAT the National Dialogue Committee was established by Parliament through a Resolution passed by the National Assembly and Senate on 16th August 2023 and 29th August 2023, respectively; FURTHER AWARE that the Resolution outlines the mandate of the Committee, which...

Hon. Speaker, I know he was away yesterday but he was around this morning. Maybe you indulge him for a few minutes as we try to trace him.

Hon. Speaker, I have listened to the Statement being sought by the Member for Embakasi Central, Hon. Mejjadonk Mwangi Gathiru, and I just had a conversation with the Chairperson of the Departmental Committee on Education and thought that particular Statement is better placed in his Committee. First, it is a...

Thank you, Hon. Speaker. I am most obliged and will make that Statement next week. As you rightly said, I also want to encourage farmers to take advantage of the rains and the ministries concerned with water harvesting to make sure they harvest it. Hon. Speaker, pursuant to the provision...

Thank you Hon. Speaker. I beg to move: THAT, pursuant to the provisions of Standing Order 30 (3) (b) , this House resolves to hold a morning sitting on Tuesday, 17th October 2023 commencing at 12th October 2023 NATIONAL ASSEMBLY DEBATES 17

Hon. Speaker, I beg to move that the Statute Law (Miscellaneous Amendments) Bill, (National Assembly Bill No.60 of 2022) , be now read a Third Time. I also request Hon. Irene Mayaka to second.

Thank you, Hon. Speaker. I beg to move that the Facilities Improvement Financing Bill, 2023, (Senate Bill No.43 of 2023) be now read a Second Time. This is one of the four amendment Bills that both the Houses of Parliament have considered. This is one of the two Bills that...

Thank you, Hon. Speaker, for that Communication. I am not on a point of order. I want to request that you direct the Clerk’s Office to circulate the information in the usual manner, through WhatsApp and text messages, to Members. As you are aware, some Members have attended the Turkana...

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

Thank you for your indulgence, Hon. Speaker. Having listened to Hon. Robert Mbui and the rejoinder from the Member of Kamukunji, I also seek to advise our colleagues in the Azimio la Umoja-One Kenya Coalition Party. They should first sort their leadership issues outside the Floor of the House before...

Hon. Speaker, I beg to move that the National Rating Bill (National Assembly Bill No.55 of 2022) be now read a Third Time. I request Hon. Pauline Lenguris to second.

Hon. Temporary Chairman, I support the Chairman’s dropping of that particular amendment. There were concerns that an increment from 30 to 70 – an addition of 40 judges – might be too heavy a burden considering the state of our economy. The reason why the Departmental Committee Chairman has dropped...

Thank you, Hon. Temporary Chairman. I rise to support the Vice-Chairperson on this particular amendment. Members should bear in mind that this Bill was published in 2022. You can all remember what regime we were operating under and what pervaded then. Several State officers, including sitting governors, were illegally barred...

On a point of order. The Temporary Chairman (Hon. Omboko Milemba) : There is a point of order. Hon. Temporary Chairman, we have a responsibility to inform and not misinform the country. Hon. (Dr) Nyikal has read what the Bill stipulates. However, he over-emphasised the word “may” like another gentleman...

Point of information, Hon. Temporary Chairman.

Hon. Temporary Chairman, let me begin by saying this provision is good. I hear from many Members that it sits in the wrong Bill. Many of these provisions will find their way into the Conflict of Interest Bill that is before this House. Therefore, I support the Chairman in deleting...

Hon. Temporary Chairman, I think Hon. Kaluma has a point. After consultation with the Chairman, the amendment is not even intended to remove the word 'knows'. We will probably ask the Chairperson to move a further amendment or move the amendment again. The Temporary Chairman (Hon. Omboko Milemba) : Hon....

Hon. Temporary Chairman, I get it. If Members would look at the Bill… The Temporary Chairman (Hon. Omboko Milemba) : We go to the Bill. Yes. If you go to the Bill, Page 1539, we are substituting just the word 'who' with that clause 'if the person offering, promising or...

Hon. Temporary Chairman, just for the benefit of Hon. Kaluma, we amended the reporting periods for two commissions, that is, the Commission on Revenue Allocation (CRA) and the Office of the Controller of Budget. That was about financial reports. The PSC does not generate financial reports. They generate reports to...

Sorry, Hon. Temporary Chairman. When I moved, it was either the Mover had moved, I had gone to pick a bottle of water. The Serjeant- at-Arms should be more alert to provide water when people have been here for long. I also want to agree with Hon. Kaluma and caution...

Hon. Temporary Deputy Speaker, I beg to move that this House do agree with the Report of the Committee of the whole House on its consideration of the Statute Law (Miscellaneous Amendment) Bill, National Assembly Bill No.60 of 2022. I request Hon. Memusi to second the Motion.

Hon. Temporary Chairman, there is no amendment in the Order Paper but in the main Bill it is on Page 1457. The Temporary Chairman (Hon. Omboko Milemba) : Hon. Members, the amendment is in the main Bill on Page 1457. Hon. Kimani Ichung’wah (Kikuyu, UDA) ]: I beg to move:...

11th October 2023 NATIONAL ASSEMBLY DEBATES 53 That the Committee do report to the House its consideration of The Statute Law (Miscellaneous Amendments) (National Assembly Bill, No.60 of 2022) and its approval thereof with amendments. CONSIDERATION OF REPORT OF COMMITTEE OF THE WHOLE HOUSE ON AMENDMENTS TO THE STATUTES LAW...

They should not be there. (Laughter)

On a point of order, Hon. Temporary Speaker. (Loud consultations) What is out of order, Hon. Leader of the Majority Party? If you allow me, I request the Deputy Whip of the Minority Party to just hold his horses and relax. I confirm that I was also standing even though...

Hon. Temporary Speaker, the issue being raised by the Leader of the Minority Party can seemingly be a very legitimate matter, if the purported circular… Hon. Junet said that he saw it in the streets of Nairobi. I did not see it there. I had the privilege of Hon. Opiyo...

In conclusion, Mr. Felix Koskei has not directed Parliament, the Judiciary or governors as alluded to the circular of 2015 which has not been tabled.

Hon. Temporary Speaker, allow me to conclude. No. Hon. Basil is on his feet. Pursuant to which Standing Order?

Thank you, Hon. Temporary Speaker. We must make it customary in line with our traditions and procedures that, when a Member seeks to interrupt another on a point of order, they should do what Hon. Chepkonga has always insisted. Thank you for protecting me from Hon. Basil. We cannot ascertain...

Thank you. Hon. Temporary Speaker. I hear Hon. Irene Mayaka saying I am a father to girls, which is true. I am a father to four very beautiful girls, and two of them are teenagers. I want to believe they need sanitary towels. Their father is able to provide for...

Thank you, Hon. Temporary Speaker. Let me thank the Member for Mathare, Hon. Anthony Oluoch, for that General Statement. I must commend him because it was done in a rather professional manner; not in a manner to disparage our officers or an unpatriotic manner as the Leader of the Minority...

Hon. Temporary Speaker, please, allow me to ignore Hon. Jack Wamboka, Member for Bumula because he does not understand some of these things. As I was saying, the police are going to Haiti on a policing mission, to restore law and order like they do every day. They are not...

On a point of order, Hon. Deputy Speaker. Leader of the Majority Party, what is your point of order? Thank you, Hon. Deputy Speaker. Pursuant to Standing Order 40 (2) , as we discussed in the House Business Committee (HBC) , I wish to request you to reorder business appearing...

Hon. Deputy Speaker, I think you got a little mixed-up. The request was after we dispose Order No.14, then you rearrange Order No.15, so that Order No.16 takes its place.

Yes, Hon. Deputy Speaker.

Thank you, Hon. Deputy Speaker. I beg to move: THAT, the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No. 60 of 2022) be now read a Second Time. As the title says, this Bill is for miscellaneous amendments, as is customary. The Bill seeks to amend various statutes. It...

There is nothing out of order, Hon. Deputy Speaker. I was moving on the EACC. 3rd October 2023 NATIONAL ASSEMBLY DEBATES 17

Thank you, Hon. Deputy Speaker. You know Hon. Jared Okello is fond of such interruptions. I commend you because this is how you should conduct business in the House. That, when a Member seeks to stand on a point of order, they must say the Standing Order they stand on....

On a point of order, Hon. Temporary Speaker.

Thank you, Hon. Temporary Speaker. Hon. Mulyungi is my friend so I do not take offence when he uses me as an example. However, to say that I have immense powers to direct EACC, when he knows I was just verifying here that EACC is an independent constitutional commission that...

Thank you, Hon. Temporary Speaker. Let me take this opportunity to thank all the Members who have ably contributed to this very important Bill that touches on a number of statutes. I particularly thank those who have spoken in support of the amendments that touch on the EACC to make...

Thank you, Hon. Temporary Speaker, for that response to the Member for Mbeere North. He knows that I have tremendous respect for him because he has cut out his image as a very diligent Member of Parliament. Indeed, he is 3rd October 2023 NATIONAL ASSEMBLY DEBATES 36 among the best...

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

Thank you, Hon Speaker. I do not have much to add because the law is the law. Articles 94, 95 and 96 of the Constitution have been clearly articulated by Hon. Chepkonga. As much as there is the Statutory Instruments Act, nobody, including cabinet secretaries, have the power to make...

On a point of order, Hon. Speaker. Leader of the Majority Party. Hon. Speaker, I do not know whether the Kenya National Bureau of Statistics (KNBS) is under his Ministry. I heard what Hon. Sarah Korere said with reservations because I am certain that military bases do not train militia....

On a point of order.

No. Hon. Chairlady. I want to agree with you. The person who has raised those issues, Hon. TJ Kajwang’, is not a Member of the Departmental Committee on Health from all our records. The Chairperson of the Committee has signed the amendments on the Order Paper. Our Standing Orders are...

Hon. Temporary Chairman, the amendment by Hon. Anthony Oluoch seeks to delete the entire Clause 51 which is dealing with e-waste disposal. I want to understand why Hon. Oluoch who hails from a constituency that has a huge problem with waste disposal, even solid waste, would want to increase more...

Hon. Temporary Chairman, I beg to move that the Committee do report to the House its consideration of the Digital Health Bill (National Assembly Bill No.57 of 2023) and its approval thereof with amendments. (Question proposed) (Question put and agreed to) 27th September 2023 NATIONAL ASSEMBLY DEBATES 50 The Temporary...

Thank you, Hon. Temporary Chairman. Indeed, this matter was raised when the substantive Chair was on the seat as we began debating on the other Bill. I have keenly listened to what Hon. T.J. Kajwang' has averred in his very lengthy submission. He started with heavy words like 'constitutional matters',...

Thank you. Most obliged. The gist of the matter is this: Are there amendments to this Bill proposed by the Committee that are on the Order Paper? The straight answer is yes. Are there amendments proposed by the Chairman that may not be in the text of the Committee's Report?...

On a point of order, Hon. Temporary Chairman. The Temporary Chairman (Hon. David Ochieng’) : Leader of the Majority Party. Hon. Millie is fond of mentioning my name and even assuming that I am the Chair of the Committee and yet, I am not the Chair of the Committee. If...

Hon. Temporary Chairman, I want to support what Hon. T.J. has said. The drafters of this Bill made a mistake. I think it is a typographical error. Clause 14 (1) (b) of the Bill says that the CEO should be an advocate of the High Court of Kenya. If you...

Hon. Temporary Chairman, Hon. Makali Mulu is a member of the Budget and Appropriations Committee. If you read Article 95 of the Constitution, you will find that money to the Fund will be appropriated by the National Assembly for indigent and vulnerable persons. That is the import of that amendment....

Hon. Temporary Chairman, on a point of information.

Thank you, Hon. Temporary Chairman. Hon. Gikaria has allowed me to inform him. We are currently legislating for a social health 27th September 2023 NATIONAL ASSEMBLY DEBATES 68 insurance scheme. There was need for those enhanced packages because the previous social health insurance scheme was not working. The Chairperson proposes...

Hon. Temporary Chairman, I hear Hon. Junet. Indeed, that is why the Committee found, in their wisdom, that a penalty of 10 per cent would discourage people from paying the arrears. For instance, the most vulnerable people in our communities will now move from paying Ksh500 to Ksh300. If you...

Yes, Clause 35 (4) . Hon. Temporary Chairman, I beg to move: THAT, Clause 35 of the Bill be further amended by deleting the words “or a broker” appearing in sub-clause (4) and substituting therefor the words “and a claims- settling agent”. The import of that amendment is that the...

Thank you, Hon. Temporary Chairman. Let me be methodical like you have wanted us to be in prosecuting the amendments. I want to answer Hon. (Dr) Nyikal. First, these entities are being delegated work by the Claims Management Office. The Chairperson’s amendment to Clause 35 (3) says “under sub-section 1...

Hon. Temporary Chairman, I hear what Hon. Oundo is saying but this is also in the current NHIF Act, verbatim as it is. The Authority’s officers are instituting, not prosecuting. The work of prosecuting is done by the DPP. The Temporary Chairman (Hon. David Ochieng’) : Hon. Gikaria, do you...

Thank you, Hon. Temporary Chairman. I rise to support this amendment. If you may remember, during the Second Reading of this Bill, we were at pains to explain to Members that not a single member of Staff of the NHIF will be laid off. Indeed, the amendment that the Chair...

Hon. Temporary Chairman, I beg to move that the Committee do report to the House its consideration of the Social Health Insurance Bill (National Assembly Bill No.58 of 2023) and its approval thereof with amendments. The Temporary Chairman (Hon. David Ochieng’) : Thank you. (Question proposed) (Question put and agreed...

Hon. Deputy Speaker, I beg to move that the House do agree with the Committee in the said report. I request Hon. Beatrice Adagala to second the Motion for agreement with the report of the Committee of the whole House.

Hon. Deputy Speaker, I beg to move that the Digital Health Bill (National Assembly Bill No.57 of 2023) be now read a Third Time. I also request Hon. Julius Taitumu to second.

Hon. Deputy Speaker, I beg to move that the House agrees with the Committee in the said report. I also request Hon. Mary, Member for Mwea, to second the Motion for agreement with the report of the Committee of the whole House.

Hon. Deputy Speaker, I beg to move that the Social Health Insurance (National Assembly Bill No.58 of 2023) be now read a Third time. I also request Hon. (Capt.) Ruweida to second.

Hon. Deputy Speaker, before you put the question, allow me to take this opportunity to thank these great patriots. They have sat here the whole day from 9.00 a.m. to 9.00 p.m., to change the architecture of our healthcare insurance sector and change lives for the Kenyan people. In conclusion,...