James Nyikal Wambura

Hon. Rashid Kassim (Wajir East, WDM-K) Hon. Temporary Deputy Speaker, I cannot proceed with this argument if one does not know what the cause of the strike is. It is important for Kenyans to know what the pain… The Temporary Deputy Speaker (Hon. Patrick Mariru) : Order, Member! Let me...

Hon. Temporary Deputy Chairman, I beg to move THAT, Clause 50 of the Bill be amended by deleting the word “shall” and substituting therefor the word “may”. This seeks to give discretion to the Cabinet Secretary for Agriculture and Irrigation to consult the Cabinet Secretary for Industry, Trade and Cooperatives....

Hon. (Ms.) Cecily Mbarire (Nominated, JP) Hon. Temporary Deputy Chairman, I beg to move: THAT, the Schedule to the Bill be amended in paragraph 1 by deleting subparagraph (4) and substituting therefor the following new subparagraph—

Hon. Temporary Deputy Chairman, I beg to move THAT, Clause 50 of the Bill be amended by deleting the word “shall” and substituting therefor the word “may”. This seeks to give discretion to the Cabinet Secretary for Agriculture and Irrigation to consult the Cabinet Secretary for Industry, Trade and Cooperatives....

Hon. (Ms.) Cecily Mbarire (Nominated, JP) Hon. Temporary Deputy Chairman, I beg to move: THAT, the Schedule to the Bill be amended in paragraph 1 by deleting subparagraph (4) and substituting therefor the following new subparagraph—

Hon. (Dr) James Nyikal (Seme, ODM) That therefore is our rationale for the amendment. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you, 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...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, what I have is exactly the same with what Hon. Millie has. The difference is that in the original Bill, there was only mention of ‘a medical doctor’ but the amendment talks of ‘a doctor with specialised knowledge in assisted reproductive...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) I beg to move: THAT, Clause 30 of the Bill be amended— 5th November 2025 NATIONAL ASSEMBLY DEBATES 13

Hon. (Dr) James Nyikal (Seme, ODM) What brings this issue is that genetic connection with children is protective on its own. There are incidences where people knowing that a child is not connected to them, for instance a surrogate mother, he or she becomes totally alien to them. There is...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) Thank you for giving me the opportunity. This is an extremely important Bill. Agriculture is actually the mainstay of human survival. It is much more important even than medication and health issues. Food is the key issue. We all know that agriculture is the...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker. Let me start by appreciating the persistence and the hard work of Hon. Millie. When I joined the 11th 5th November 2025 NATIONAL ASSEMBLY DEBATES 26 Hon. (Dr) James Nyikal (Seme, ODM)Parliament, I remember many meetings we had with...

Hon. (Dr) James Nyikal (Seme, ODM) That therefore is our rationale for the amendment. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you, 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...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, what I have is exactly the same with what Hon. Millie has. The difference is that in the original Bill, there was only mention of ‘a medical doctor’ but the amendment talks of ‘a doctor with specialised knowledge in assisted reproductive...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) I beg to move: THAT, Clause 30 of the Bill be amended— 5th November 2025 NATIONAL ASSEMBLY DEBATES 13

Hon. (Dr) James Nyikal (Seme, ODM) What brings this issue is that genetic connection with children is protective on its own. There are incidences where people knowing that a child is not connected to them, for instance a surrogate mother, he or she becomes totally alien to them. There is...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) Thank you for giving me the opportunity. This is an extremely important Bill. Agriculture is actually the mainstay of human survival. It is much more important even than medication and health issues. Food is the key issue. We all know that agriculture is the...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker. Let me start by appreciating the persistence and the hard work of Hon. Millie. When I joined the 11th 5th November 2025 NATIONAL ASSEMBLY DEBATES 26 Hon. (Dr) James Nyikal (Seme, ODM)Parliament, I remember many meetings we had with...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker, for giving me the opportunity. Although I do not come from a tea-growing area, I do appreciate the economic importance and significance of tea in this country. As the Mover said earlier, a big proportion of our foreign exchange...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker. I wish to appreciate all the Members who have contributed to this Bill and all the issues they have raised. I also appreciate Senators who sponsored this Bill and the support from my Committee. This is an extremely important...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker, for giving me this opportunity. I sadly rise, on behalf of myself, my family and most importantly the people of Seme, to pass my condolences to the family of Rt. Hon. Raila Odinga. I pass my condolences to the...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker, for giving me this opportunity. I sadly rise, on behalf of myself, my family and most importantly the people of Seme, to pass my condolences to the family of Rt. Hon. Raila Odinga. I pass my condolences to the...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker, for giving me this opportunity. I sadly rise, on behalf of myself, my family and most importantly the people of Seme, to pass my condolences to the family of Rt. Hon. Raila Odinga. I pass my condolences to the...

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, I beg to move that the new clauses 27A and 27B be now read a Second Time. In New Clause 27A, an intended person may use assisted reproduction where the person is a Kenyan, has attained the age of 25 years,...

Hon. (Dr) James Nyikal (Seme, ODM) I beg to move that New Clauses 28A and 28B be now read a Second Time. New Clause 28A prohibits commercialisations of surrogacy. This clause forbids anyone from initiating negotiations, offering agreements, or involving any payments that would lead to the process being commercialised...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Chairlady. I have an amendment. I beg to move: THAT, the Bill be amended by deleting Clause 5 and substituting therefor the following new clause 5— 8th October 2025 NATIONAL ASSEMBLY DEBATES 6 Hon. (Dr) James Nyikal (Seme, ODM)Assisted Reproductive...

Hon. (Dr) James Nyikal (Seme, ODM) Yes, Hon. Temporary Chairlady. The issue here was that the Bill was creating a directorate but it was agreed that that would be creating a whole new structure. We agreed that we should have a council within the KMPDC. A lot of other amendments...

Hon (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, I beg to move: THAT, Clause 7 of the Bill be amended by deleting the words “National Government” and substituting therefor the words “Cabinet Secretary”. Basically, we are deleting the words “National Government” and replacing them with the words “Cabinet Secretary”...

Hon (Dr) James Nyikal (Seme, ODM) I would like to add a word when that cleaning is being done. An issue has come up on whether we are talking about SHA or SHIF which makes a big difference. If you talk about SHIF, you are only talking about one fund....

Hon (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, I beg to move: THAT, Clause 8 of the Bill be amended by— Hon. (Dr) James Nyikal (Seme, ODM) Hon. Chairlady, if you allow, I may want to consult with Hon. Millie on what you have just said then we proceed....

Hon. James Nyikal (Seme, ODM) That is exactly why we urge you to consider this request. We went through a very rigorous winnowing almost twice. I have the list of all the clauses we could not agree on. We allowed him to prosecute them on the Floor of the House....

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) It is beyond and in the context that she has said. That is why I earlier on said that you may harvest the ovum or sperm from a child for later use by the same child if they are sick and the cost of...

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Chairlady, I beg to move THAT, Clause 19 of the Bill be amended in sub-clause (1) by— Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) Okay. Parts (b) and (c) are about renumbering and deleting. The most important one there is part (d) . I think that is what Hon. Millie may be concerned about. When you do posthumous reproduction, a question arises – which is, how you place...

Hon. (Dr) James Nyikal (Seme, ODM) Yes, I get you.

Hon. (Dr) James Nyikal (Seme, ODM) We concur. If you put the word ‘and’, then the two conditions in parts (a) and (b) must be met together. Whereas if you delete ‘and’, then part (a) stands on its own – ‘father was married to the woman at the time of...

Hon. (Dr) James Nyikal (Seme, ODM) You would need to legislate because you may be dealing with a married woman. In that case, part (a) applies and no one can raise an issue. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Ole Sunkuli, I thought you would stay close...

Hon. (Dr) James Nyikal (Seme, ODM) Part (b) will apply when the woman is not married and, therefore, requiring a written consent. Where they are married, written consent is not needed. People can, however, still raise an issue because what we are dealing with here is a case where the...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) We are deleting. (Question of the amendment proposed) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Millie, do you have any interest in this? Yes, you may proceed to prosecute.

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, may I intervene? The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : The point of contention is that the Chair is proposing a deletion, and Hon. Millie Odhiambo is suggesting that the deletion should not happen. She has given her justification. It...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) The only justification that was remaining is that the persons entering a surrogacy agreement shall only seek benefits as a consequence of surrogacy and not the process of surrogacy. The deletion is on the issue of whether people will go into surrogacy for commercial...

Hon. James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) Okay. The amendment in Clause 32 (b) of the Bill prohibits the sale or transfer of embryos. (Question of the amendment proposed) (Hon. Irene Njoki spoke off the record) The Temporary Chairlady (Hon. Rachael Nyamai) : Member for Bahati, Hon. Irene Mrembo.

Hon. (Dr) James Nyikal (Seme, ODM) I take Hon. Millie's point on Clauses 31 and Hon. (Dr) James Nyikal (Seme, ODM) I beg to move: THAT, Clause 33 of the Bill be amended – Hon. (Dr) James Nyikal (Seme, ODM) I beg to move: THAT, Clause 34 of the Bill...

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM)

Hon. (Dr) James Nyikal (Seme, ODM) We actually have a provision to that. Nobody can handle any embryo without the consent of the owner of the embryo.

Hon. (Dr) James Nyikal (Seme, ODM) If you look back, we have gone through a number of clauses on commercialisation of the process. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Irene, we have several Clauses that are securing the embryos, so a situation like that cannot happen. Look...

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, I beg to move; THAT, Clause 45 of the Bill be amended in subclause (2) by deleting the word “Directorate” appearing in paragraph (b) and substituting therefor the word “Council”. This has to do with the functions of the directorate which...

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, I beg to move; THAT, Clause 47 of the Bill be amended by deleting the word “Directorate” appearing in sub-clause (1) and substituting therefor the word “Council” Once again, it is to do with the functions of the directorate and the...

Hon. (Dr) James Nyikal (Seme, ODM) Chair, that may be true and it actually appeals to my feelings as well. But what we have before me did not include it. So, you can guide us on whether, at this time, we can move an amendment to that part.

Hon. (Dr) James Nyikal (Seme, ODM) Because we only dealt with 47 (1) . I do not think we have covered that. So, if you are going to move that amendment, can I do it now? What we did was 47, where the Director refuses to issue a licence and...

Hon. (Dr) James Nyikal (Seme, ODM) I beg to move: THAT, Clause 49 of the Bill be amended by deleting the word “Directorate” wherever it appears and substituting therefor the word “Council”. 8th October 2025 NATIONAL ASSEMBLY DEBATES 45 Hon. (Dr) James Nyikal (Seme, ODM)This is necessary to harmonise with...

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, I beg to move that New Clauses 19A, 19B and 19C be now read a Second Time. The justification for Clause 19A is to limit the number of donations of gametes and surrogacies for the health and well-being of surrogate mothers...

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, New Clause 19A (2) says: A person shall not perform a treatment procedure using gametes or an embryo produced by a donor, if such procedure may result in more than 10 children who are genetic siblings. Hon. Millie has indicated that...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Chairlady. (Question, that the word to be left out be left out, put and agreed to) (Question, that the new clauses be read a Second Time, put and agreed to) (Question, that the new clauses be added to the Bill,...