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7th January 2022 Parliamentary Round Up

A Review of the House Special Sittings held in December 2021 and January, 2022. 

NATIONAL ASSEMBLY 

PAPERS LAID

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

  • Legal Notice No.235 of 2021 relating to the Designation of Basin Areas and the Explanatory Memorandum from the Water Resources Authority;
  • Legal Notice No.250 of 2021 relating to the Physical and Land Use Planning (Liaison Committees) Regulations, 2021 and the Explanatory Memorandum from the Ministry of Lands and Physical Planning;
  •  Legal Notice No.251 of 2021 relating to the Physical and Land Use Planning (Development Control Enforcement) Regulations, 2021 and the Explanatory Memorandum from the Ministry of Lands and Physical Planning;
  • Legal Notice No.252 of 2021 relating to the Physical and Land Use Planning (Outsourcing of Professional Services) Regulations, 2021 and the Explanatory Memorandum from the Ministry of Lands and Physical Planning;
  • Legal Notice No.253 of 2021 relating to the Physical and Land Use Planning (Development Permission and Control) (General) Regulations, 2021 and the Explanatory Memorandum from the Ministry of Lands and Physical Planning; and,
  •  Legal Notice No.254 of 2021 relating to the Controller of Budget Regulations, 2021 and the Explanatory Memorandum from the Office of the Controller of Budget.
  • Report of the Departmental Committee on Health on its consideration of the Senate Amendments to the National Hospital Insurance Fund (Amendment) Bill (National Assembly Bill No.21 of 2021).
  • Report of the Departmental Committee on Administration and National Security on its consideration of the vetting of a nominee for appointment to the position of the Chairperson of the Public Service Commission, namely Ambassador Antony Mwaniki Muchiri.
  • Report of the Departmental Committee on Labour and Social Welfare on its consideration of the vetting of the following nominees for appointment as members of the National Gender and Equality Commission (NGEC): Ms. Caroline Naikena Lentupuru; and, Mr. Thomas Okoth Koyier.
  • Report on consideration of the Political Parties (Amendment) Bill (National Assembly Bill No.56 of 2021)
  • Report of the Select Committee on Implementation on the Implementation Status on:

             i. The Report of the Departmental Committee on Lands on a Petition on irregular renewal of leases of land by Delmonte Kenya Limited.

             ii. The Report of the Departmental Committee on Lands on its consideration of the Petition by the former workers of the Late Mayor Jacob Samuel regarding the invasion and eviction of the workers from their land in Roysambu Constituency by the Kenya Defence Forces.

  • Addendum Report of the Departmental Committee on Justice and Legal Affairs on its consideration of the Political Parties (Amendment) Bill (National Assembly Bill No.56 of 2021).

MESSAGE

Nomination of Representative of National Police Service Commission to Salaries and Remuneration Commission

The House was informed of a Message from His Excellency the President relating to nomination of a representative of the National Police Service Commission to the Salaries and Remuneration Commission (SRC). In the Message, the President indicated that he has nominated Ms. Wangui Elizabeth Muchiri as a representative of the National Police Service Commission to the Salaries and Remuneration Commission and seeks the approval by the House of the nominee for appointment to the office of a member of the Salaries and Remuneration Commission.

The matter was referred to the Departmental Committee on Finance and National Planning in order for the Committee to undertake the necessary approval hearings.

Passage of the National Hospital Insurance Fund (Amendment) Bill by the Senate

The House was informed of the passage of the National Hospital Insurance Fund (Amendment) Bill (National Assembly Bill No.21 of 2021). The Senate considered the Bill and approved it with amendments.

The Senate Amendments to the Bill were referred to the Departmental Committee on Health for consideration.

Nomination for Appointment as Chairperson and Members of KNCHR

The House was informed of a Message from His Excellency the President relating to nomination of persons for appointment to the offices of the chairperson and members of the Kenya National Commission on Human Rights. In the Message, the President indicated that he has nominated the following persons for appointment to the offices of chairperson and member of the Kenya National Commission on Human Rights, respectively and seeks the approval by the House of the nominee for appointment:  

  • Ms. Roseline Doreen Adhiambo Odhiambo-Odede, HSC – Chairperson
  • Prof. Marion Mutugi Wanjiku – Member
  • Dr. Raymond Plal Sang Nyeris – Member
  • Ms. Sarah Talaso Bonaya – Member
  • Dr. Dennis Nyongesa Wamalwa – Member

The County Governments Grants Bill (Senate Bill No.35 of 2021)

The House was informed of the Senate’s consideration of the amendments made by the National Assembly to the County Government Grants Bill (Senate Bill No.35 of 2021). The Senate considered the said amendments and rejected them.  As such, a Mediation Committee composed of an equal number of Members of each House to attempt to develop an agreed version of the Bill for consideration by the Houses of Parliament was constituted.

MOTIONS

Report on Vetting of Nominee for Appointment as PSC Chairperson

The House was given notice to adopt the Report of the Departmental Committee on Administration and National Security on the vetting of a nominee for appointment as Chairperson of the Public Service Commission, laid on the Table of the House on Tuesday, 21st December, 2021 and, pursuant to the provisions of Article 250 (2) (b) of the Constitution, paragraph 3 (3) (d) of the First Schedule to the Public Service Commission Act No.10, 2017 and Section 8 (2) of the Public Appointments (Parliamentary Approval) Act No.33, 2011, approve the appointment of Amb. Anthony Mwaniki Muchiri as the Chairperson of the Public Service Commission.

Report on Vetting of Nominees for Appointment as Members of NGEC

The House considered the findings of the Departmental Committee on Labour and Social Welfare in its Report on the vetting of nominees for appointment as members of the National Gender and Equality Commission, laid on the Table of the House on Tuesday, 21st December, 2021; and pursuant to the provisions of Article 250 (2) (b) of the Constitution and section 11 (7) of the National Gender and Equality Commission Act, 2011, approved the appointment of the following persons as Members of the National Gender and Equality Commission –

  • Ms. Caroline Naikena Lentupuru; and,
  • Mr. Thomas Okoth Koyier.

BILLS

First Reading

The following Bill underwent First Reading and committed to the relevant Committee.

  • The Huduma Bill (National Assembly Bill No. 57 of 2021) by the Leader of the Majority Party.

Committee of the Whole House

The Senate Amendments to the National Hospital Insurance Fund (Amendment) Bill (National Assembly Bill No.21 of 2021) were considered and approved without amendments.

Third Reading

The following Bills underwent Third Reading and passed after successful consideration in the prior stages.

  • The Proceeds of Crime and Anti-Money Laundering (Amendment) Bill (National Assembly Bill No. 39 of 2021) by the Leader of the Majority Party.
  • The Political Parties (Amendment) Bill (National Assembly Bill No. 56 of 2021) by the Leader of the Majority Party.
  • The Kenya Industrial Research and Development Institute Bill (National Assembly Bill No. 44 of 2020) by the Leader of the Majority Party.

SENATE

PAPERS LAID

  • The Report of Standing Committee on Finance and Budget on the 2022 Budget Policy Statement and the Medium-Term Debt Management Strategy.
  • The Report of Standing Committee on Finance and Budget on the Consideration of Amendment passed by the National Assembly to the County Governments Grants Bill (Senate Bill No. 35 of 2021)
  • The Report of the Standing Committee on Devolution and Intergovernmental Relations on County Oversight and Accountability Bill (Senate Bills No. 17 of 2021).
  • The Report of the Standing Committee on Devolution and Intergovernmental Relations on County Government Amendment Bill (Senate Bills No. 38 of 2021).
  • The Report of the Standing Committee on Devolution and Intergovernmental Relations on the Intergovernmental Relations (Amendment) Bill (Senate Bills No. 37 of 2021).

MESSAGES FROM THE NATIONAL ASSEMBLY

Passage of the County Governments Grants Bill, 2021

The House was informed of the passage by the National Assembly of the County Governments Grants Bill (Senate Bill No. 35 of 2021). The Bill was passed by the Senate on Wednesday, 15th September 2021- with amendments – and referred to the National Assembly for consideration. The National Assembly passed the said Bill on Thursday, 2nd December, 2021 with further amendments.

Approval of Senate Amendments to the NHIF (Amendment) Bill,

The House was informed of the approval of Senate amendments to the National Hospital Insurance Fund (Amendment) Bill (National Assembly Bills No.21 of 2021). The National Hospital Insurance Fund (Amendment) Bill (National Assembly Bills No.21 of 2021) having been passed by the National Assembly with amendments on Wednesday, 29th September, 2021, was forwarded to the Senate. The Senate also considered and passed the Bill with amendments on Thursday, 2nd December, 2021, and sought National Assembly’s concurrence of the amendments. the National Assembly having considered the amendments concurred with the Senate on Tuesday, 21st December, 2021. Therefore, the Bill having concluded the bicameral passage in the Houses will be presented to His Excellency the President for Assent in accordance with the provisions of Article 112 of the Constitution.

Passage of the Community Groups Registration Bill, 2021

The House was informed of the passage by the National Assembly of the Community Groups Registration Bill (National Assembly Bills No.20 of 2021). The Bill was published via Kenya Gazette Supplement No.88 of 5th May, 2021, as a Bill concerning County Governments in terms of Article 110 (4) of the Constitution seeking to provide a regulatory framework for the mobilization, registration, coordination and regulation of community groups and for connected purposes. The Bill was therefore forwarded for consideration and will be considered by the Senate in the same manner as a Bill introduced in the Senate by way of First Reading.

Passage of the Landlord and Tenant Bill, 2021

The House was informed of the passage by the National Assembly of the Landlord and Tenant Bill (National Assembly Bills No.3 of 2021). The Landlord and Tenant Bill (National Assembly Bills No.3 of 2021), was published vide Kenya Gazette Supplement No. 13 of 12th February, 2021 as a Bill concerning county governments in terms of Article 110(4) of the Constitution seeking to repeal the Rent Restriction Act Cap 296 and the Landlord and Tenant (Shops, Hotels and Catering Establishments)Act (Cap 301) to amongst other things, introduce a legal framework which balances the interest of the landlords and tenants in a free market economy by ensuring that landlords earn reasonable income from their investments in housing and also protects the tenants, and consolidate the laws regarding the renting of business and residential premises and set to regulate the relationship between the landlord and the tenant. The National Assembly considered and passed the said Bill on Thursday, November 25th 2021, with amendments. The Bill was therefore forwarded for consideration and will be considered by the Senate in the same manner as a Bill introduced in the Senate by way of First Reading.

NOTICES OF MOTIONS

Consideration of National Assembly Amendments to the County Governments Grants Bill, 2021

The House considered and approved the amendments by the National Assembly to the County Governments Grants Bill (Senate Bill No. 35 of 2021).

The Bill seeks to provide a framework for the transfer of additional allocations under Article 202(2) of the Constitution from the national Government’s share of revenue and from the development partners to the county governments.

The 2022 BPS and the Medium-Term Debt Management Strategy

The Senate adopted the Report of the Standing Committee on Finance and budget on 2022 Budget Policy Statement and the Medium-Term Debt Management Strategy laid on the Table of the Senate on Tuesday, 21st December, 2021, and pursuant to Section 25(7) of the Public Finance Management Act (PFM Act) and Standing Order 187 of the Senate approved the 2022 Budget Policy Statement.

Status of the New Dandora Stadium in Nairobi City County

The House adopted the report by the Standing Committee on Labour and Social Welfare on the Status of the New Dandora Stadium in Nairobi City County laid on the Table of the Senate on Thursday, 2nd December, 2021. A Statement had been brought to the House in September by the Senator for Nairobi City County and also the Chairperson of the Committee on Labour and Social Welfare on the matter.

BILLS

First Reading

The following Bills underwent First Reading and committed to the relevant Committee.  

  • Cotton Industry Development Bill, (Senate Bills No. 55 of 2021) by the Chairperson, Standing Committee on Agriculture, Livestock and Fisheries.
  •  The Landlord and Tenant Bill (National Assembly Bills No.3 of 2021) by the Senate Majority Leader.
  • The Community Groups Registration Bill (National Assembly Bills No. 20 of 2021) by the Senate Majority Leader.

Committee of the Whole

The following Bills came up for consideration by the Committee of the Whole House:

  • The Heritage and Museums Bill (Senate Bills No. 22 of 2021).
  • The County Governments (Amendment) Bill (Senate Bills No. 38 of 2021).
  • The Kenyan Sign Language Bill (Senate Bills No. 5 of 2021).
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