James Nyikal Wambura

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Speaker, I beg to move that the Maternal Newborn and Child Health Bill (Senate Bill No. 17 of 2023) be now read a Second Time. Hon. Temporary Speaker, I wish to begin by thanking the Members of our Committee, which I have...

Hon. (Dr) James Nyikal (Seme, ODM) I will not be very technical. 14th October 2025 NATIONAL ASSEMBLY DEBATES 33 The Temporary Speaker (Hon. Martha Wangari) He means before attaining one year of age. Hon. (Dr) James Nyikal (Seme, ODM) Yes, it is before attaining one year of age. This is...

Hon. (Dr) James Nyikal (Seme, ODM) The essence of my statement is that less children are dying than before, but not all African cultures practice the same.

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Speaker, the context of my statement was that very many children were dying. In the villages, you would know somebody who had lost a child. These days, it is rare for children under one year of age to die. In essence, we...

Hon. (Dr) James Nyikal (Seme, ODM) I accept the information, but I am speaking about the country. I know the problem in Kiambu County. We have even received a petition today. These are the facts we want to put in place. That is why we have this Bill. If we...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Deputy Speaker. I rise to support Petition No. 22/2025. Our lecturers have been on strike for a long time. Our kids are also in the streets. As the Public Petitions Committee looks at the Petition, one point that stands out is...

Hon. Dr James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker. As I support this Bill, I want to do so with great caution. We have created many structures, and we are now trying to resolve all of them. The genesis of this Bill is Section 12 of the Intergovernmental...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker, for giving me this opportunity. As I rise to support the Report, I also feel a bit sad. From where I sit, we are not progressing. We are going backwards. If you look at the Report, half of it...

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)

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. Temporary Chairlady, I beg to move THAT, Clause 32 of the Bill be amended by— 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. (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. Temporary Chairlady, I beg to move THAT, Clause 43 of the Bill be amended — 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. Temporary...

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,...

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. Deputy Speaker, what the Cabinet Secretary is saying is not true. The KMTC did not request KUCCPS to take over the admission. The other way round is the correct position. The KUCCPS insisted on taking over the admission. The first admission KUCCPS handled...

Hon. (Dr) James Nyikal (Seme, ODM) I need clarification on KUCCPS admitting KMTC students. We cannot run a country if we do not say the truth. The request was not from KMTC. If that letter came, it must have come later and under duress. If KMTC is under the Ministry...

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Speaker, on a point of order. The Temporary Speaker (Hon. Farah Maalim) Hon. Nyikal, I want to go to the next Question. What is your point of order? Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Speaker, the Cabinet Secretary is answering...

Hon. (Dr) James Nyikal (Seme, ODM) I second. (Question proposed)

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Deputy Speaker. I also thank KENCO for bringing this Petition. Even before I look at the Petition, from what you have read, I am aware that there is a discrepancy between the benefit package for cancer and the tariff thereof, and...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker. I support this with extreme caution. The principle of selling assets and transitioning their management to private entities is commendable. However, given our circumstances, one must examine the summary presented in the Supplementary Order Paper. The entire situation relies...

Hon. Temporary Speaker, I second. (Question proposed) (Question put and agreed to)

Thank you, Hon. Temporary Speaker. As I support the Report, I want to make only one point on land. Many institutions, not just the ones that have been mentioned in the Report, have large tracts of land, but they do not have their titles. People settle on the land and...

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Speaker, I second. (Question proposed) (Question put and agreed to)

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker. As I support the Report, I want to make only one point on land. Many institutions, not just the ones that have been mentioned in the Report, have large tracts of land, but they do not have their titles....

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker. I beg to lay the following Paper on the Table of the House: 13th August 2025 NATIONAL ASSEMBLY DEBATES 1 Report of the Departmental Committee on Health on the Harmonisation of the

Hon (Dr.) James Nyikal (Seme, ODM) Hon. Chairlady, I beg to move: THAT, Clause 2 of the Bill be deleted as proposed by His Excellency the President. Hon. Temporary Chairlady, Clause 2 of the Bill proposes to introduce the definition of the terms e-health and telemedicine to the principal Act....

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Temporary Chairlady, what has been stated is what the law is. We have said here many times that the Constitution has given the Executive the opportunity to make law, even if it is through the back door. Unfortunately, that is what it is....

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

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Speaker, I rise to ask the Cabinet Secretary for Interior and National Administration the following question:

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Cabinet Secretary, for a very well laid out response. However, I have a concern that prompted my remarks. What we have observed regarding the general conduct of the police force, particularly during demonstrations and even in their homes, does not support the...

Hon. (Dr) James Nyikal (Seme, ODM) I have a comment. Hon. Speaker A comment? Yes, you have half a minute. Hon. (Dr) James Nyikal (Seme, ODM) Hon. Speaker, the Cabinet Secretary said something very important that must be acted on. You cannot have a person who started working at 11.00...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Temporary Speaker. This is not in reference to what Hon. Oluoch said, which is also a fact. This is a double-edged sword in the hands of the NLC. Whereas it is quite acceptable, and I agree that where there were historical...

Thank you, Hon. Deputy Speaker. This is a very important question. We will make an effort to get an answer within two weeks, if possible. It is fairly comprehensive, but we shall make every effort because it is of great importance to the whole country.

Thank you, Hon. Deputy Speaker. This matter of a child being held is obviously very critical. We will make every effort to have a report ready by next week, if possible. At least regarding the release of the child, even if other policy matters are still to be looked into....

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Deputy Speaker. This is a very important question. We will make an effort to get an answer within two weeks, if possible. It is fairly comprehensive, but we shall make every effort because it is of great importance to the whole...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Deputy Speaker. This matter of a child being held is obviously very critical. We will make every effort to have a report ready by next week, if possible. At least regarding the release of the child, even if other policy matters...

Hon. (Dr) James Nyikal (Seme, ODM) It is not a point of order. I just wish to joyride on this one. It is commendable that Hon. Members are working hard to address this problem. However, the issue appears to be much larger than schools alone, because the rising water levels...

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Deputy Speaker, last week on Thursday, I gave a response on behalf of the Committee.

Hon. (Dr) James Nyikal (Seme, ODM) Hon. Deputy Speaker, last week during the Thursday Sitting in the afternoon, I responded to a Question raised by Hon. Irene Kasalu on behalf of the Committee regarding a body that had been retained at Kenyatta National Hospital (KNH) . This situation raised numerous...

Hon. (Dr) James Nyikal (Seme, ODM) Thank you, Hon. Deputy Speaker. This is a terrible situation in the world where the international community is silent the same way it is quiet to what is happening in the Sudan right now. The conflict has a long history that is biblical in...