Moses Otieno Kajwang'

Sen. M. Kajwang’ Mr. Deputy Speaker, Sir, I do not intend to take the trophy for late coming from the other side of the House. Tomorrow, I will make sure I am here on time. NOTING OF REPORT OF THE SENATE DELEGATION TO THE INAUGURAL COMMONWEALTH PARLIAMENTARIANS’ FORUM

Sen. M. Kajwang'

Sen. M. Kajwang'

Sen. M. Kajwang' Mr. Speaker, Sir, I beg to support the Motion that the House do adjourn for purposes of the Legislative Summit. There are countries that have states or federalism, or what we call devolution. In the United States of America (USA) , they have institutionalised the National Conference...

Sen. M. Kajwang’ On a point of order, Madam Temporary Speaker. My thing is not working.

Sen. M. Kajwang’ Madam Temporary Speaker, it is a gadget. I did not want to interrupt my brother and the Chairperson of the KYPA, Sen. Arthur Johnson Sakaja. However, having listened to him very carefully, I was hoping that he would correct his misdemeanour on this Floor. Sen. Sakaja has...

Sen. M. Kajwang' On a point of order, Madam Temporary Speaker. Is the Senator for Machakos in order to impute and imply that the Senator for West Pokot, Samuel Poghisio, who has been a Member in this House for a long time; a Member of the Cabinet and a man...

Sen. M. Kajwang'

Sen. M. Kajwang' Thank you, Sen. M. Kajwang. Some of the best debates are truncated. You can have an hour and just wonder around yet say very little. Sen. (Prof.) Ongeri, you will have 10 minutes. Two new requests have suddenly emerged out of the blues, yet I thought I...

Sen. M. Kajwang' Mr. Speaker, Sir, I thank you for your ruling and I had initiated the matter. I must also note that I am also a Chair of a committee. When I raised those frustrations, I am part of that big mess that we are trying to address. You...

Sen. M. Kajwang' Mr. Speaker, Sir, I will continue in a submissive and humble manner. However, I want to remind us that when old bones are mentioned in a proverb, old women usually complain. I hope that the Liaison Committee will also address itself to this particular matter of committees---

Sen. M. Kajwang' Mr. Speaker, Sir, thank you for protecting me. I know Sen. Murkomen’s birthday is a difference of one month from mine. I will get him a copy of that Chinua Achebe book. Mr. Speaker, Sir, I humbly submit that the Liaison Committee also considers the issue of...

Sen. M. Kajwang’ Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Thursday, 10th May 2018:- THE REPORT OF THE KENYAN DELEGATION TO THE CPA FORUM REPORT OF CPAIC ON FINANCIAL OPERATIONS OF SEVERAL COUNTY EXECUTIVES FOR THE FY 2013/2014 May 10,...

Sen. M. Kajwang' On a point of order, Mr. Speaker, Sir. This is on two things. One is on Chairpersons who do not appear before the Senate to respond to statement requests. It is in the public domain that in the United Kingdom (UK) in the House of Lords, a...

Sen. M. Kajwang' Thank you, Mr. Speaker, Sir. Allow me to also welcome you and other Members back from the recess. It has been reported that we have been on a five week holiday; it has not been a holiday. You mentioned some of the events that we have been...

Sen. M. Kajwang’ Mr. Speaker, Sir, you have previously ruled on statements. There are many statements on the Order Paper, almost 30. You have previously said that when the Member requesting for a statement is not present and the statement is ready, then the matter is either dropped or read...

Hon. Kajwang’ I would like to have a better clarification from the Chairman when we talk about rights and privileges that are not materially adversely affected. What is ‘materially adversely affected’? Can we have a law which is clear so that one may say that those liabilities or privileges should...

Hon. Kajwang’ Yes, it is. The Temporary Deputy Chairman (Hon. Omulele) : So that is the remit of his inquiry. You can ask your Committee Members to assist. I know you have been on your feet. Let us have Hon. Kajwang’, then we shall come back to you, Hon. Chair....

Hon. Kajwang’ Hon. Temporary Deputy Chairman, I appreciate this amendment and it is in order. But when professionals in energy are done with legislation, they should get lawyers to help them craft the law. That way, we get pieces of legislation which will live for a longer time. Hon. Temporary...

Hon. Kajwang’ Hon. Chairman, we are frantically looking for this amendment. Protection from personal liability Hon. Kajwang’A certified version of this ReportThe Temporary Deputy Chairman (Hon. Omulele): Look at page 310 of the Order Paper. Hon. Kajwang’ Could the Chairman now lead us into a discussion on this amendment?

Hon. Kajwang’ Yes. The Temporary Deputy Chairman (Hon. Omulele) : Hon. Mbadi?

Hon. Kajwang’ Hon. Temporary Deputy Chairman, you have just nailed it – that, this is a clause which would usually appear where a tribunal or a committee is clogged with quasi- judicial powers to enhance its independence. If they were judicial rather than quasi-judicial, we would have given security of...

Sen. M. Kajwang' Thank you, Mr. Speaker, Sir. On behalf of the people of Homa Bay County and on my personal behalf, I wish to convey deep condolences to the family of Hon. Kenneth Matiba. In Homa Bay, 60 per cent of the people are below the age of 25...

Hon. Kajwang’

Hon. Kajwang’ This is to give an additional power to the Authority over the road reserves and management. The Constitution has given the Roads Authority the ownership of those roads. We need a legislation that actualises that ownership by the Constitution which now gives them the power to manage the...

Hon. Kajwang’ No. I just want to amplify what the Chair has said. As you know, I have taken time to look at this and we spent a whole day with the Chair trying to reconcile those amendments. The intent of the drafters was to incorporate what is now known...

Hon. Kajwang’

Hon. Kajwang’

Hon. Kajwang’ A far ranking Member saw this. We want to include (c) and include the word “each”. Those two things are very important in explaining those pieces of legislation. Thank you, Hon. Chairman. (Question of the further amendment proposed)

Hon. Kajwang’

Hon. Kajwang’ Of course, Hon. Chairman, I have a right of reply. First of all, the speech by my friend, Amos Kimunya, is misconceived. It should have begun the way Hon. Nyikal did. When you see the text of the two amendments, the amendment by the Committee Chair is wider...

Hon. Kajwang’ This is why I have put a planner.

Hon. Kajwang’ Hon. Chairman, you are absolutely correct. What we need is policy making. What we need to have is a board that can make policy which is designed to the core mandate of the organisation. If we needed everybody else, why would we not have environmentalists? Because theirs is...

Hon. Kajwang’ Hon. Amos, just allow me to conclude. I can see you are fairly agitated about this. Just allow me to finish my thinking.

Hon. Kajwang’ Is it a point of order?

Hon. Kajwang’ Okay.

Hon. Kajwang’ Hon. Chairman, I had my right. In fact, right of reply, if I remember from my days when I served in the Panel, should be heard without interruption, but he interrupted me. I do not see words called “civil engineering” here unless my friend is putting them. I...

Hon. Kajwang’

Hon. Kajwang’

Hon. Kajwang’ Hon. Chairman, it happens that in Ruaraka we have quarries. That is why I am talking excitedly. The proposal here is that for avoidance of doubt, a Kenyan will be paid for what belongs to him. If you take sand or murram from my land, even if I...

Hon. Kajwang’ Hon. Chairman, the Leader of the Majority Party should hear this. If you do not want to pay me, please, acquire my land compulsorily because the Constitution allows you to. Somebody must not come from Garissa to the National Land Commission, so that his murram or clay is...

Hon. Kajwang’ You know we have spent a lot of time with legal counsels and clerks of this House. So, do not underrate them when they bring these things in the Order Paper in the manner they are in. Hon. Chairman, we are not amending sub clause 6, we are...

Hon. Kajwang’ On a point of order, Hon. Chairman.

Hon. Kajwang’ I rarely stand on points of order and you know it.

Hon. Kajwang’ Yes, despite the handshake, I am still a venerable Member of this side of the House. Is it in order for the Leader of the Majority Party to refer to a Bill which has not been read in this House for the First Time? Whatever happens in his...

Hon. Kajwang’(Off record)

Hon. Kajwang’ Hon. Temporary Deputy Chairman, if I understand Hon. Nyikal, he seems to be saying that during the Committee stage, we need to make amendments which just clarify the Bill. If we want to make huge amendments, which should have been the subject of debate in stakeholder consultations, it...

Hon. Kajwang’

Hon. Kajwang’ They are not voting machines. They are voting voices. (Loud consultations) Hon. Kajwang’ Hon. Temporary Deputy Chairman, I withdraw unconditionally and apologise. The Temporary Deputy Chairman (Hon. Mariru) : You have the Floor. Hon. Kajwang’ We are all interested in quality legislation. We are not interested in rabble...

Hon. Kajwang’ On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Mariru) : Order, Hon. Kimunya! What is out of order, Hon. Kajwang’? Hon. Kajwang’ Hon. Temporary Deputy Chairman, you know Hon. Kimunya is senior than me. In the words of the Leader of the...

Hon. Kajwang’ Before I was on a point of order. Now I have a right of reply. That may be very well. Member for Kipipiri is making very good submissions on this. My point of departure is very simple. As delegated legislation, there must be a singular person with ministerial...

Hon. Kajwang’ On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Mariru) : Order, Hon. Member! What is it Hon. Kajwang’? Hon. Kajwang’ Hon. Temporary Deputy Chairman, we need respect and proper management of the affairs here. If a Member is asking for clarification, that...

Hon. Kajwang’ Hon. Temporary Deputy Chairman, this is one of those amendments that I want to support the Chair of the Committee. The reasoning comes from what the Leader of the Majority Party had said before but not what he has said now. In a subsequent Finance Bill, we will...

Hon. Kajwang’ On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Mariru) : Yes, Hon. Kajwang'’. Hon. Kajwang’ Hon. Temporary Deputy Chairman, I do not know what may have happened here. I had an amendment to Clause 70. These amendments are reconciled in the Clerk’s...

Hon. Kajwang’

Hon. Kajwang’

Hon. Kajwang’

Hon. Kajwang’

Hon. Kajwang’ In view of the Chairperson’s amendment, I drop this amendment. The Temporary Deputy Chairman (Hon. Mariru) : Yes, Hon. Leader of the Majority Party.

Hon. Kajwang’ I am on HANSARD that in view of the amendments proposed by the Chair, I withdraw mine. The Temporary Deputy Chairman (Hon. Mariru) : What you had done earlier was dropping it. (Proposed amendment by Hon. Kajwang’ withdrawn) (Question of the amendment proposed) (Question, that the words to...

Hon. Kajwang’ Hon. Leader of the Majority Party, I am just assisting your very good self. Hon. Temporary Deputy Chairman, if you look at the amendments proposed by the Chair, they are touching on issues on paragraphs 2, 4 and 6. The Leader of the Majority Party’s amendment touches on...

Hon. Kajwang’ On a different issue, I could see that you are just about to put this to vote. I just wanted to make you see that the Third Schedule is in different respects. One touches Roads Act Section 6 and the other touches different sections of the Act. It...

Hon. Kajwang’ Hon. Chairman, today I have seen the Leader of the Majority Party sit in this House in the Committee of the whole House from the beginning to the end. He is doing a good job and he is setting a good example to his leadership. I wish my...

Hon. Kajwang’ You are fixed about this further amendment, he can further amend his own further amendment and say that he wants to drop the word “Master’s” and have “holds a degree” in all these things. I beg the Leader of the Majority Party to conclude because we have stayed...

Hon. Kajwang’ On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Mariru) : What is it? Let us have Hon. Kajwang’ then I will get to the Chair. Hon. Kajwang’ Hon. Temporary Deputy Chairman, when we take hours in this Chamber to do what we...

Hon. Kajwang’ That is not the correct procedure. The Temporary Deputy Chairman (Hon. Mariru) : What is it, Hon. Kajwang’? Hon. Kajwang’ Hon. Temporary Deputy Chairman, even if we, Members, know that it is tied to New Clause 11A, that is a point of debate. It is Hon. Musimba who...

Hon. Kajwang’ It is correct. I have a further amendment. Hon. Temporary Deputy Chairman, I beg to move: THAT, Clause 2 of the Bill be amended by inserting the following new definition in their proper alphabetical sequence—

Sen. M. Kajwang'

Sen. M. Kajwang'

Sen. M. Kajwang'

Sen. M. Kajwang'

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Sen. M. Kajwang'