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11th February 2022 Parliamentary Round Up

NATIONAL ASSEMBLY

PAPERS LAID

The following papers were laid at the Table of the House among others:

  • Legal Notice No. 268 relating to the Nairobi International Financial Centre General Regulations 2021 and the explanatory Memorandum from the National Treasury.
  • The Agricultural Policy Papers No. 2 of 2021 on food, our health, wealth and security from the Ministry of Agriculture Livestock and Fisheries and Cooperatives.
  • Report of the Departmental Committee on Finance and National Planning on the recruitment of the National Assembly Nominee to serve in the Equalization Fund Advisory Board.
  • Report of the Select Committee on National Government Constituency Development Fund on the status of projects proposals, approvals, disbursement and restrictions imposed on constituencies accounts for the first quarter of 2021/2022 FY as at 30th September, 2021. 
  • Report of the Select Committee on National Government Constituency Development Fund on its consideration of the National Government Constituency Development Fund (Amendment) Bill (National Assembly No.34 of 2021).
  • Recommendations and basis for equitable sharing revenue between the National and County Government for the Financial year 2022/2023.
  • Addendum to the Report of the Departmental Committee on Health on its consideration of the Health Laws (Amendment) Bill (National Assembly No. 02 of 2021) laid on the Table of the House on 28th September 2021.
  • Report of the Departmental Committee on Justice and legal affairs on the approval hearing for appointment of Ms. Roseline Doreen Adhiambo Odhiambo Odede as Chairperson and Prof. Marion Mutugi Wanjiku, Dr. Raymond Plal Sang Nyeris, Ms. Sarah Talaso Bonaya and Dr. Dennis Nyongesa Wamalwa as Member of the Kenya National Commission on Human Rights.
  • The Annual Report and Financial statement from various institutions.
  • Various Reports and financial statements from the Auditor-General for various constituencies, institutions and projects.

PETITIONS

The House received the following Petitions:

  • A Petition on the refusal by the Teachers Service Commission to acknowledge undergraduate, graduate and postgraduate qualifications attained by in-service teachers from recognized universities conveyed by the Hon. Wilson Sossion, MP (Nominated) on behalf of concerned teachers. The Petition was referred to the Departmental Committee on Education and Research.
  • A Petition by Stephen Mutoro Secretary-General of Consumers Federation of Kenya regarding Operations of the Open Tender System for Importation of Fuel Product. The Petition was referred to the Departmental Committee on Energy.
  • A Petition on the Amendment to the Universities Act, 2012, reported by the Speaker on behalf of Mr. Patrick Kaberia, Executive Director of PAWA Africa. The Petition was referred to the Departmental Committee on Education and Research.
  • A petition on the enactment of a legislation to regulate the Environment Profession reported by the Speaker on behalf of a Ms. Linda Munyao, Chairperson of the Environment Institute of Kenya. The Petition was referred to the Departmental Committee Environment and Natural Resources.

MOTIONS

Appointment to the Office of  Member of the Salaries and Remuneration Commission

Taking into consideration the findings, of the Departmental Committee on Finance and National Planning on its Report on the vetting of nominee for appointment as a member of the Salaries and Remuneration Commission representing the National Police Service Commission, laid on the Table of the House on Thursday, February 03, 2022 and pursuant to the provisions of Article 250(2)(b) of the Constitution, section 7 of the Salaries and Remuneration Commission Act 2010 and sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, 2011, the House approved the appointment of Ms. Elizabeth Wangui Muchiri as a member of the Salaries and Remuneration Commission to represent the National Police Service Commission in accordance with the provisions of Article 230(2)(b)(v) of the Constitution.

Appointment of Members to the Committee on Members’ Services and Facilities

The House approved the appointment of the following Members to the Committee on Members’ Services and Facilities: –

  1. The Hon. Ezekiel Machogu Ombaki, M.P.
  2. The Hon. (Dr.) Swarup Manjan Mishra, M.P.
  3. The Hon. Samwel Moroto Chumel, M.P.
  4. The Hon. Rehema Hassan, M.P.
  5. The Hon. Rigathi Gachagua, M.P.
  6. The Hon. Charity Kathambi Chepkwony, M.P.
  7. The Hon. Elisha Odhiambo, M.P.
  8. The Hon. Benard Otieno Okoth, M.P.
  9. The Hon. (Eng.) Nzambia Thuddeus Kithua, M.P.
  10. The Hon. Christopher Wangaya Aseka, M.P.
  11. The Hon. John Walter Owino, M.P.
  12. The Hon. Elsie Muhanda, M.P.
  13. The Hon. Generali Nixon Kiprotich Korir, M.P.
  14. The Hon. Beatrice Nkatha Nyaga, M.P.
  15. The Hon. Kimani Ichung’wah, M.P

Further Changes to the Membership of Various Committees

The House approved the appointment of the following Members to the respective Committees as specified hereunder–

  1. The Hon. Adan Keynan Wehliye, M.P. to move from the Select Committee on National Cohesion & Equal Opportunity to the Departmental Committee on Defence & Foreign Relations;
  2. The Hon. Jeremiah Ng’ayu Kioni, M.P. to move from the Constitutional Implementation Oversight Committee to the Departmental Committee on Energy;
  3. The Hon. Khatib Abdallah Mwashetani, M.P. to move from the Departmental Committee on Lands to the Departmental Committee on Trade, Industry and Cooperatives;
  4. The Hon. Alois Musa Lentoimaga, M.P. to move from the Departmental Committee on Trade, Industry and Cooperatives to the Constitutional Implementation Oversight Committee; The Hon. Ayub Savula, M.P. to move from the Departmental Committee on Trade, Industry and Cooperatives to the Select Committee on Regional Integration;
  5. The Hon. Abdikahim Osman Mohamed, M.P, to move from the Departmental Committee on Energy to the Departmental Committee on Agriculture & Livestock;
  6. The Hon. Gathoni Wamuchomba, M.P, to move from the Departmental Committee on Agriculture & Livestock to the Departmental Committee on Communication, Information and Innovation;
  7. The Hon. Katoo Ole Metito Judah, M.P. to be appointed a Member of the Departmental Committee on Agriculture & Livestock;
  8. The Hon. David Gikaria, M.P. to be appointed a Member of the Departmental Committee on Environment & Natural Resources;
  9. The Hon. Japhet Kareke Mbiuki, M.P. to be appointed a Member of the Departmental Committee on Trade, Industry and Cooperatives;
  10. The Hon. William Kipkemoi Kisang, M.P. to be appointed a Member of the Departmental Committee on Lands;
  11. The Hon. Ali Wario, M.P. to be appointed a Member of the Departmental Committee on Energy; and,
  12. The Hon. Johana Ngeno, M.P. to be appointed a Member of the Select Committee on National Cohesion and Equal Opportunity

Annulment of the Crops (Fibre Crops) Regulations, 2020

The House adopted the Report of the Committee on Delegated Legislation on its consideration of the Crops (Fibre Crops) Regulations, 2020 laid on the Table of the House on Tuesday, November 17, 2020, and pursuant to the provisions of section 18 of the Statutory Instruments Act, 2013, and Standing Order 210 (4)(b), annulled in entirety the Crops (Fibre Crops) Regulations, 2020, published as Legal Notice No. 120 of 2020.

Annulment of the Public Finance Management (Biashara Kenya Fund) Regulations, 2021 and other Related Regulations

The House adopted the Report of the Committee on Delegated Legislation on its consideration of the Public Finance Management (Biashara Kenya Fund) Regulations, 2021; the Public Finance Management (Uwezo Fund) (Revocation) Regulations, 2021; the Public Finance Management (Women Enterprise Fund) (Revocation) Regulations, 2021; and the Public Finance Management (Youth Enterprise Development Fund) (Revocation) Regulations, 2021, laid on the Table of the House on Tuesday, September 21, 2021, and pursuant to the provisions of section 18 of the Statutory Instruments Act, 2013 annulled in entirety –

  1. the Public Finance Management (Biashara Kenya Fund) Regulations, 2021 published as Legal Notice No. 55 of 2021;
  2. the Public Finance Management (Uwezo Fund) (Revocation) Regulations, 2021 published as Legal Notice No. 56 of 2021;
  3. the Public Finance Management (Women Enterprise Fund) (Revocation) Regulations, 2021 published as Legal Notice No. 57 of 2021; and
  4. the Public Finance Management (Youth Enterprise Development Fund) (Revocation) Regulations, 2021 published as Legal Notice No. 58 of 2021.

Official Documenting of the History of the National Assembly

The House resolved:

  1. THAT, at an appropriate stage, the House appoints a Committee comprising of not more than nine (9) Members to oversee the preservation of histories for posterity, with special focus on the National Assembly;
  2. THAT, the copyrights of the History of Parliament of Kenya projects be reserved for the benefit of Parliament and the people of Kenya; and,
  3. THAT, the Clerk of the National Assembly puts in place and executes appropriate mechanisms to actualize this Resolution.

Annulment of the Public Finance Management (Sinking Fund) Guidelines, 2021

The House adopted the Report of the Committee on Delegated Legislation on its consideration of the Public Finance Management (Sinking Fund) Guidelines, 2021, laid on the Table of the House on Tuesday, September 21, 2021, and pursuant to the provisions of section 13 of the Statutory Instruments Act, 2013 annulled in entirety the Public Finance Management (Sinking Fund) Guidelines, 2021 published as Gazette Notice No. 5085 of 2021.

Annulment of the Environmental Management And Coordination (Impact Assessment and Audit) (Amendment) Regulations, 2016

The House adopted the Report of the Committee on Delegated Legislation on its consideration of the Environmental Management and Coordination (Impact Assessment and Audit) (Amendment) Regulations, 2016, laid on the Table of the House on Wednesday, November 10, 2021, and pursuant to the provisions of section 18 of the Statutory Instruments Act, 2013 and Standing Order 210 (4)(b), annulled in entirety the Environmental Management and Coordination (Impact Assessment and Audit) (Amendment) Regulations, 2016, published as Legal Notice No. 149 of 2016.

BILLS

Second reading

The following Bills were coming up for a Second Reading;

  1. The Community Health Workers Bill (National Assembly Bill No. 30 of 2020) by the Hon. Martin Owino, M.P.)
  2. The Pensions (Amendment) Bill (National Assembly Bill No. 26 of 2020) by the Hon. Didmus Barasa, M.P.). The Bill was read the Second Time.
  3. The Health Laws (Amendment) Bill (National Assembly Bill No. 2 Of 2021) by the Leader of the Majority Party.
  4. The Copyright (Amendment) Bill (National Assembly Bill No. 44 of 2021). The Bill was accordingly read the Second Time.  
  5. The Sacco Societies (Amendment) Bill (National Assembly Bill No. 55 of 2021) by the Leader of the Majority Party.
  6. The Mental Health (Amendment) Bill (Senate Bill No. 28 of 2020) by the Chairperson, Departmental Committee on Health).

Committee of the Whole House

The following Bills were coming up for consideration under the Committee of the Whole House;

  1. The Industrial Training (Amendment) Bill (National Assembly Bill No. 4 Of 2019) by the Hon. Jude Njomo, M.P. The Committee considered the Bill which was accordingly read the third time and passed.
  2. The Employment (Amendment) (No.2) Bill (National Assembly Bill No. 79 of 2019) by the Hon. Gideon Keter, M.P. The Committee considered the Bill which was accordingly read the third time and passed.

STATEMENTS

The following Statements were raised on the floor of the House among others:

1. The Member for Kibra (Hon. Benard Okoth, MP) asked the Cabinet Secretary for Health: –

  • Could the Cabinet Secretary provide a status report on key medical equipment for treatment of cancer and kidney ailments available at the Kenyatta National Referral Hospital in particular radiotherapy and dialysis equipment?
  • What measures has the Ministry taken to cushion cancer patients from suffering occasioned by perennial breakdown of cancer treatment equipment?

The Question will be replied to before the Departmental Committee on Health.  

2. The Member for Marsabit County (Hon. Safia Sheikh, MP) asked the Cabinet Secretary for Education: –

  • What special consideration is the Ministry taking to ensure construction of more boarding schools for children from pastoralist communities living in Marsabit County?
  • What plans has the Ministry put in place to guarantee equal access to education for children whose parents practice a nomadic lifestyle?
  • What steps is the Ministry taking to reduce the rate of illiteracy and stigma faced by girls due to cultural biases which infringe on their right to education?

The Question will be replied to before the Departmental Committee on Education and Research.

3. The Member for Homa Bay Town (Hon. Peter Kaluma, MP) to ask the Cabinet Secretary for Education: –

  • Could the Cabinet Secretary explain the reasons behind the decision by the Kenya National Examinations Council to merge examination centres for purposes of hosting primary and secondary schools national examinations? 
  • Did the Council take into account factors such as the long distances the candidates will have to travel, the safety and welfare of those with physical disabilities prior to making the said decision, particularly for candidates in day secondary schools and primary schools?
  • What measures has the Ministry instituted to ensure that candidates, particularly pupils and those with disabilities are not unduly disadvantaged by the merger?

The Question will be replied to before the Departmental Committee on Education and Research.

4. The Member for Mvita (Hon. Abdullswamad Nassir, MP) to ask the Cabinet Secretary for the National Treasury and Planning: –

  • Following the dissolution of the Kenya Ferry Services (KFS) and transfer of its functions to the Kenya Ports Authority (KPA) in June 2021, could the Cabinet Secretary provide the status of the KFS employees with regard to their employment terms and welfare, including their salary increments, payment of arrears and other benefits?
  • Could the Cabinet Secretary explain why an undertaking made in a meeting with the Departmental Committee on Labour and Social Welfare in October 2021 to implement a collective bargaining agreement relating to KPA staff is yet to be effected, and provide the timeline when this undertaking will be implemented?

The Question will be replied to before the Departmental Committee on Finance and National Planning.

5. The Member for Mathare (Hon. Anthony Oluoch, MP) to ask the Cabinet Secretary for Environment and Forestry: –

  • Could the Cabinet Secretary explain measures put in place, if any, to avert the impending closure of Kiamaiko Animal Slaughterhouse in Mathare Constituency, by the National Environmental Management Authority (NEMA)?
  • Could the Cabinet Secretary explain the measures put in place by NEMA towards the management of toxic and hazardous chemicals and materials and clarify how the same are implemented, particularly with respect to pollutants to the Nairobi River in Nairobi City County?

The Question will be replied to before the Departmental Committee on Environment and Natural Resources)

The following Statements were requested and issued at the floor of the House:

  • The Hon. Kimani Kuria, MP (Molo) requested for a Statement on the high cost of fertilizer in the country. The Statement will be replied to by the Departmental Committee on Agriculture and Livestock.
  • The Hon. John Kiarie, MP (Dagoretti South) requested for a Statement on the recent Ban on Scrap Metal trade. The Statement will be replied to by the Departmental Committee on Trade, Industry and Cooperatives.
  • Hon. Adan Haji Yussuf, MP (Mandera West) requested for a Statement on the abduction and killings of Mr. Yahya Mohamud Hassan and Mr. Abdirahim Adow Abdullahi in Isiolo County. The Statement will be replied to by the Departmental Committee on Administration and National Security.
  • Hon. Charity Kathambi, MP (Njoro) requested for a Statement on the Closure of Egerton University.
  • The Hon. Cornelly Serem, MP, (Aldai) Chairperson, Select Committee on NG-CDF provided a Statement on the Disbursement of NG-CDF funds. The Statement will be replied to by the Departmental Committee on Education and Research.

SENATE

SENATE

PAPERS LAID

The following papers were laid at the Table of the House among others:

  • Report of the National Treasury and Planning on the status of the Kenyan economy (December, 2021).
  • The Senate Calendar for the Sixth Session (February to June, 2022).
  • Report by the National Treasury on all new loans contracted by the Government from 1st September, 2021 to 31st December, 2021.
  • Annual Report and Financial Statements for the Office of the Controller of Budget for the Financial Year 2019/2020.
  • Report of the Controller of Budget on the National Government Budget implementation Review for the Financial Year 2020/2021.
  • Report of the Controller of Budget on the National Government Budget Implementation Review for the First Quarter for the Financial Year 2021/2022.
  • The Ninth Report on status of the Public Service Compliance with the values and principles in Articles 10 and 232 of the Constitution.
  • The Commission on Revenue Allocation Recommendation on the County Governments’ recurrent expenditure budget ceilings for Financial Year 2022/2023.
  • The Controller of Budget Regulations (Legal Notice No. 254 of 2021).
  • The Designation of Basin Areas (Legal Notice No. 235 of 2021)
  • Report of the Standing Committee on Health on the special audit report on utilization of COVID-19 funds by twenty-eight (28) county governments.
  • Report of the Controller of Budget on the Annual County Government Budget Implementation Review for the Financial Year 2020/2021;
  • Various Reports on Financial Statements of Various County Executives/Assemblies/Funds.

COMMUNICATIONS FROM THE CHAIR

The Sixth Session of the 12th Parliament

The Speaker of the House welcomed the Hon. Senators to the last Session of the 12th Parliament. He noted that one of the key highlights at the commencement of every Session is consideration of financial matters. Ordinarily, the Budget Policy Statement; the Medium Term Debt Management Strategy; the Draft Division of Revenue Bill; and the Draft County Allocation of Revenue Bill, are submitted to Parliament by 15th of February of each year. The documents were submitted to Parliament on 30th November, 2021, as per the National Treasury Circular No. 8/2021 on the preparation of the 2022/2023 to 2024/2025 medium term budget, owing to the fact that 2022 is a General Election year.

The Senate approved the Budget Policy Statement, 2022 on 22nd December, 2021. It is now expected that the National Assembly will introduce the Division of Revenue Bill, 2022 and refer it to the Senate for consideration and subsequent introduction of the County Allocation of Revenue Bill. The timeous conclusion of these two Bills and the Cash Disbursement Schedule will ensure that the budget instruments for the next financial year are passed before the Houses of Parliament is adjourned and will facilitate a smooth transition for the incoming administrations at both the national and county levels of government, after the General Elections.

During the Fifth Session, Senators considered and passed 26 Bills, three of which have since been assented to and are now law. The other 23 Bills referred to the National Assembly are at various stages of consideration. A total of 26 Senate Bills and three National Assembly Bills are pending conclusion in the Senate, while one Bill is at the Mediation stage. A further 20 Bills are undergoing the concurrence process pursuant to Article 110(3) of the Constitution. Additionally, there are 46 petitions which are yet to be reported on by the respective Standing Committees alongside Statements pursuant to Standing Order 47 and 48.

The Senators were urged to debate passionately while upholding decorum and dignity of the Senate.

PETITIONS

The House received the following Petitions:

  • Petition by the Consumers Federation of Kenya (COFEK) concerning the Ministry of Mining and Petroleum “Open Tender System” for fuel supply.
  • Petition on the the unlawful and arbitrary deprivation of land, internal displacement of persons, trespass to land, delayed and non-compensation in respect of wayleaves and public rights of way required for irrigation infrastructure and unnecessary prolonged and inordinate delay in undertaking full implementation of the Lower Kuja Irrigation Development Project in Nyatike Sub County of Migori County
  • Report of the Standing Committee on National Security, Defense and Foreign Relations on the Petition concerning the circumstances which led to the murder of Ms. Joannah Stutchbury.

MOTIONS

Approval of Senators to Serve in the Senate Business Committee

The House approved the following Senators nominated to serve in the Senate Business Committee, in addition to the Speaker of the Senate, who, pursuant to Standing Orders shall be the Chairperson of the Committee; the Senate Majority Leader, the Senate Minority Leader, the Senate Majority Whip and the Senate Minority Whip

  1. Sen. Fatuma Dullo, CBS, MP;
  2. Sen. Justice (Rtd.) Stewart Madzayo, CBS, MP;
  3. Sen. Beatrice Kwamboka, MP;
  4. Sen. Gideon Moi, CBS, MP;
  5. Sen. Sakaja Johnson, CBS, MP;
  6. Sen. Charles Kibiru, MP; and
  7. Sen. Ledama Olekina, MP

Approval of the Senate Calendar for the Sixth Session

The House approved the Senate Calendar (Regular Sessions) for the Sixth Session (February to June, 2022), laid on the Table of the House on Wednesday, 9th February, 2022.

Approval of Sittings on Wednesday Morning with Respect to Part 1 of the Senate Calendar

The House resolved to hold Sittings on Wednesday mornings with effect from 16th February, 2022 to 9th March, 2022; and that the Sittings shall commence at 10.00 a.m. and end at 12.30 p.m.

BILLS

Second reading

The following Bills were coming up for a Second Reading;

  • The Preservation of Human Dignity and Enforcement of Economic and Social Rights (Senate Bills No.21 of 2021)
  • The Irrigation (Amendment) Bill (National Assembly Bills No. 12 of 2021)
  • The Community Groups Registration Bill (National Assembly Bills No. 20 of 2021)

STATEMENTS

The following Statements were raised on the floor of the House among others:

  • Sen. (Dr.) Musuruve made a Statement on the International Day of Women and Girls in Science.
  • Sen. Cherargei requested for a Statement on failure by the Higher Education Loans Board (HELB) to disburse funds to students across the country’s institutions of higher learning, colleges and many others. He also sought a Statement from the Standing Committee on Tourism, Trade and Industrialization on the ban of export and dealings in scrap metal in Kenya.
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