January 28, 2022 - 5 minutes read

28th January 2022 Parliamentary Round Up

By Wanjiku Mwai
NATIONAL ASSEMBLY 

PAPERS LAID

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

  • Legal Notice No. 260 of 2021 relating to the Political Parties Membership Regulations of 2021 and Explanatory Memorandum from the Office of the Attorney-General.
  • Legal Notice No. 266 of 2021 relating to Gazettement of extraneous certification fees and payments and explanatory memorandum from the Ministry of Agriculture, Livestock, Fisheries and Cooperatives.
  • The County Government Budget Implementation Review Report for the FY 2020/2021 from the Office of Controller of Budget.
  • The Annual Report on the State of the Judiciary and the Administration of Justice for the FY 2020/2021.
  • The County Government Budget Implementation Review Report for the first quarter of the FY 2021/22 from the Office of the Controller of Budget.
  • The National Treasury Memorandum on the Public Accounts Committee Report for the FY 2017/2018 from the National Treasury.
  • The National Government Budget Implementation Review Report for the first quarter of FY 2021/22 from the Office of the Controller of Budget.
  • The National Government Budget Implementation Review Report for the FY 2020/2021.
  • The 27th Report of the Monetary Policy Committee from the National Treasury.
  • The Special Audit Report of the Auditor-General on the procurement of food stuff by the Ministry of Defence for the FY 2014/2015 through 2017/18.
  •  The 9th Report on the status of Public Service Compliance with the values and principles in Articles 10 and 232 of the Constitution for the year 2021 from the Public Service Commission.
  • Report on the status of the Kenyan economy for the period December 2021 from the National Treasury.
  • Performance Audit Report on provisions of services to persons with disabilities by the National Council for persons with disabilities for the period December 2021 from the office of the Auditor-General.
  • Performance Audit Report on enforcement of environmental regulations on effluent management in slaughter houses by the National Environment Management Authority for the period November 2021 from the Office of the Auditor General.
  • Performance Audit Report and preparedness of the State Department for Petroleum Manager costs in the Petroleum Sector for the period of October 2021 from the office of the Auditor-General
  • Performance Audit Report on the implementation of the dispensation of Justice program by the Judiciary for the period November 2021 from the office of the Auditor General.
  • Performance Audit Report on expansion, improvement and maintenance of infrastructure in public primary schools by the Ministry of Education for the period November 2021 from the Office of the Auditor-General.
  •  Performance Audit Report on management of local employment and training provisions in the production sharing contracts by the State Department for Petroleum for the period October 2021 from the Office of the Auditor-General.
  • The Annual Report and Financial Statements of the Kenya National Commission for UNESCO for the Year ended 30th June 2019.
  • The Annual Report and Financial Statements of the University of Eldoret for the Year ended 30th June 2019.

COMMUNICATIONS FROM THE CHAIR

National Assembly – 6th Session

The Speaker of the House welcomed members back to the August House after the long recess. He noted that the 6th Session, being the last session of the 12th Parliament will be a tight session given that the budget related business and other priority business must be concluded before the elections.

As per the practice of the House and the Standing Orders, he noted that business not concluded at the end of the last session such as the Motions and Questions have lapsed. However, on Thursday 2nd December, 2021, the House resolved to exempt Petitions and Bills read for the first time in the Fourth Session, 2020, and which were pending at various stages of considerations in the House from lapsing. On the same date (Thursday 2nd December, 2021), the Speaker also indicated that Statements would not lapse as is the practice, but will be carried over to the 6th session given that a number of committees had already commenced inquiries into matters raised in the various statements.

With regard to the Bills, the Speaker provided that Bills that were read the first time during the Third Session, 2019, had been exempted from lapsing by the House at the end of the Fourth Session, being 2020 owing to reduced number of sittings of the house due to the Covid-19 Pandemic. However, the exemption lapsed at the end of the last session. Therefore, in accordance with the Standing Orders and the Resolution of the House during 2nd December 2021, the following 28 Bills which were published in 2019 and whose second reading had not been concluded by the end of the fifth session have lapsed:

  1. The National Hospital Insurance Fund (Amendment) Bill (NA Bill No. 5 of 2019)
  2. The Higher Education Loans Board (Amendment) Bill, 2019 (NA Bill No. 9 of 2019)
  3. The National Government Constituencies Development Fund (Amendment) Bill, 2019 (NA Bill No. 16 of 2019)
  4. The Labour Relations (Amendment) Bill, 2019 (NA Bill No. 18 of 2019)
  5.  The Constitution of Kenya (Amendment) Bill, 2019 (NA Bill No. 19 of 2019)
  6. The Kenya Information and Communications (Amendment) Bill, 2019 (NA Bill No. 20 of 2019)
  7. The Public Finance Management (Amendment) Bill, 2019 (NA Bill No. 22 of 2019)
  8. The Independent Electoral and Boundaries Commission (Amendment) Bill, 2019 (NA Bill No. 24 of 2019)
  9. The Traffic (Amendment) Bill, 2019 (NA Bill No. 28 of 2019)
  10. The County Governments’ Retirement Scheme Bill, 2019 (NA Bill No. 29 of 2019)
  11. The Independent Electoral and Boundaries Commission (Amendment) (No. 2) Bill, 2019 (NA Bill No. 30 of 2019)
  12. The Crops (Amendment) (No.2) Bill, 2019 (NA Bill No. 32 of 2019)
  13. The Public Procurement and Asset Disposal (Amendment) Bill, 2019 (NA Bill No. 36 of 2019)
  14. The Constitution of Kenya (Amendment) (No.2) Bill, 2019 (NA Bill No. 40 of 2019)
  15. The Kenya Uwezo Fund Bill, 2019 (NA Bill No. 42 of 2019)
  16. The Public Finance Management (Amendment) Bill, 2019 (NA Bill No. 48 of 2019)
  17. The Constitution of Kenya (Amendment) (No.3) Bill, 2019 (NA Bill No. 53 of 2019)
  18. The Parliamentary Pensions (Amendment) (No. 2) Bill, 2019 (NA Bill No. 56 of 2019)
  19. The National Government Constituencies Development Fund (Amendment) (No.2) Bill, 2019 (NA Bill No. 58 of 2019)
  20. The Constitution of Kenya (Amendment) (No.4) Bill, 2019 (NA Bill No. 60 of 2019)
  21. The Kenya Information and Communication (Amendment) (No.2) Bill, 2019 (NA Bill No. 61 of 2019)
  22. The Constitution of Kenya (Amendment) (No.5) Bill, 2019 (NA Bill No. 67 of 2019)
  23.  The Public Participation Bill, 2019 (NA Bill No. 69 of 2019)
  24. The Public Participation (No. 2) Bill, 2019 (NA Bill No. 71 of 2019)
  25. The Anti-Corruption and Economic Crimes (Amendment) (No.2) Bill, 2019 (NA Bill No. 72 of 2019)
  26. The Breastfeeding Mothers Bill, 2019 (NA Bill No. 74 of 2019)
  27. The Constitution of Kenya (Amendment) (No.6) Bill, 2019 (NA Bill No. 76 of 2019)
  28. The Public Finance Management (Amendment) (No.4) Bill, 2019 (NA Bill No. 78 of 2019)

The Speaker also informed the House that the term of the Sessional Committees have come to an end. The three sessional committees will have to be reconstituted. They include the House Business Committee, the Parliamentary Powers and Privileges Committee and the Committee on Members Services and Facilities. The Committee on Selection was asked to expedite the process of nominating members to serve in the committees.

The Speaker also noted that by the time the Committee sittings were suspended in December 2021, the following priority business was still pending before the House:

  1. The nomination of a person for appointment to the Equalization Fund Advisory Board which is before the Departmental Committee on Finance and National Planning.
  2. Consolidation of 2022 Budget Policy Statement for Financial Year 2022/23 which is before the various departmental committees and the Budget Appropriation Committee.
  3. The vetting of nominees for appointment to the offices of Chairpersons and Members of Kenya National Commission and Human Rights which was committed to the Committee of Justice and Legal Affairs.
  4. The vetting of a nominee for Appointment to the office of a member of the Salaries and Remuneration Commission representing the National Police Service which is before the Departmental Committee on Finance and National Planning.

On 21st and 29th December, 2021, the Speaker had guided the relevant departmental committees that the reports on the vetting of nominees for appointment to the Commissions should be tabled by the 15th February 2022 to enable the House to conclude consideration of the above matters within the statutory timelines. With regards to the processing of the Budget Policy Statement 2022/23, the honors is with the Budget and Appropriation Committee to guide the House accordingly.

Members were also advised that each person of a committee, or Individual Member of a Committee who wishes to reintroduce any Motion or Question that had lapsed, should do so by contacting the Table Office.

The National Aviation Management Bill (NA Bill No. 18 of 2020)

The House was informed that the National Aviation Management Bill, 2020, that was published vide Gazette Notice Supplement No. 93 of 15th June 2020 that seeks to among other things provide for the nationalisation of Kenya Airways. The Bill further proposes to establish the National Aviation Council and the Kenya Aviation Corporation as a holding corporation and its Operating Entities including Operating Entity Subsidiaries and connected matters.

The Bill was read for the First time on 30th June, 2020, and committed to the Committee on Transport and Public Works for consideration. However, following the tabling of the report of the committee and listing of the Bill in the order paper for second reading, a number of Members of the House raised objections and concerns regarding the process of public participation on the Bill.

As a result, the Speaker of the House ordered the Committee to revisit the process with the view to hearing and considering the views of all concerned stakeholders. However, since then, the second reading of the Bill has been abeyance. The Speaker also noted that he received a letter from the Leader of Majority requesting to withdraw the Bill for further consultations and also to incorporate additional inputs from stakeholders received during the public participation phase.  As such, in accordance with the Standing Orders, the Speaker directed that the Bill be withdrawn.

MOTIONS

Appointment of Members to the House Business Committee

The House negated the approval of the appointment of the following Members to the House Business Committee:

  1. The Hon. Joyce Akai Emanikor, M.P.
  2. The Hon. Shadrack John Mose, M.P.
  3. The Hon. Kawira Mwangaza, M.P.
  4. The Hon. Mohamed Abdikhaim Osman, M.P.
  5. The Hon. (Dr.) Makali Mulu, M.P.
  6. The Hon. Mishi Juma Khamisi Mboko, M.P.
  7. The Hon. Godfrey Osotsi, M.P.

SENATE

PAPERS LAID

Report of the Standing Committee on Justice, Legal Affairs and Human Rights on the Political Parties (Amendment) Bill (National Assembly Bills No.56 of 2021) was laid on the Table of the House

COMMUNICATIONS FROM THE CHAIR

Convening of Special Sittings of the Senate to Consider Various Bills

The House was informed that the purpose of the Special Sitting was to consider:

  1. The Political Parties (Amendment) Bill (National Assembly Bill No. 56 of 2021);
  2. The County Oversight and Accountability Bill (Senate Bills No. 17 of 2021);
  3. The Heritage and Museums Bill (Senate Bills No. 22 of 2021);
  4. The County Governments (Amendment) Bill, (Senate Bills No. 38 of 2021); and
  5. The Intergovernmental Relations (Amendment) Bill, (Senate Bills No. 37 of 2021).

BILLS

  • The Political Parties (Amendment) Bill (National Assembly Bills No. 56 of 2021) – The Bill was coming up for Second Reading and subsequently went for consideration under the Committee of the Whole House. The Committee considered the Bill and it was accordingly read the Third time and passed. 
  • The Heritage and Museums Bill (Senate Bills No. 22 of 2021) – The Bill was coming up for consideration under the Committee of the Whole House.
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