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1 October 2021 Parliamentary Round Up

NATIONAL ASSEMBLY

PAPERS LAID

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

  • Report of the Constitutional Implementation Oversight Committee on its consideration of the Constitution of Kenya (Amendment) Bill (National Assembly Bill No. 40 of 2020).
  • Report of the Departmental Committee on Transport, Public Works and Housing on the ratification of:
  1. a)   Bilateral Air Service Agreement between the Republic of Kenya and the Republic of South Africa; and,
  2. b) Bilateral Air Service Agreement between the Republic of Kenya and the Republic of Botswana.
  • The Report of the Departmental Committee on Health on its consideration of:
  1. a)       The Health (Amendment) Bill (National Assembly Bill No. 28 of 2020); and,
  2. b)     The Health Laws (Amendment) Bill (National Assembly Bill No. 2 of 2021).
  •  The Report of the Select Committee on Implementation on its consideration of:
  1. a)       The Third report on the submissions from Stakeholders regarding implementation Status of Inquiries, Petitions and Resolutions passed by the House.
  2. b)     The Implementation Status of the Report of Departmental Committee on Health regarding the Kenyatta Teaching and Referral Hospital
  3. c)       The implementation status of the Report on the Departmental Committee On Environment Natural Resources on an inquiry into complaints of environmental pollution by London Distillers Kenya Limited.
  4. d)     The implementation status of the report of the Departmental Committee Land regarding land issues in Taita Taveta county.
  • The Report of the Departmental Committee on Labour and Social Welfare on its consideration of the Institute of Social Work Professionals Bill (National Assembly Bill No. 31 of 2020
  • Report of the Committee on Agriculture on its consideration of the proposed amendment to the Sugar Bill (National Assembly Bill No. 68 of 2019).
  • Report of the Committee on Transport, Public Works & Housing on the ratification   of the bilateral air service agreement between the government of the Republic of Kenya and the Republic of the Russian Federation.
  • Report of the Constitutional Implementation Oversight Committee on its consideration of the Kenya National Commission on Human Rights Amendment Bill (National Assembly Bill No. 1 of 2020).
  • Report of the Departmental committee of Health on its consideration of the Kenya Food and Drugs Authority Bill (National Assembly Bill No. 31 of 2019).
  • Report of the Delegated Committee of Legislation on its consideration of:
  1. a)   Petroleum Development Levy Order (Legal Notice No. 77 of 2021); and
  2. b) The Income Tax Exemption (Legal Notice No. 115 of 2021).

MESSAGE

The House received a message from the Senate regarding the passage of the following Bills and now seeks concurrence of the House

  • The Coffee Bill (Senate Bill No. 22 of 2020)
  • The Wildlife Conservation and Management (Amendment) Bill (Senate Bill No. 30 of 2020)
  • The Parliamentary Powers and Privileges (Amendment) Bill (Senate Bill No. 33 Of 2020)
  • The Community Health Services Bill (Senate Bill No. 34 of 2020
  • The National Flag, Emblems and Names (Amendment) Bill (Senate Bill No. 36 of 2020)

The Bills were scheduled for First Reading and committed to the relevant committee

PETITIONS

The House was informed of the following Petitions:

  • Proposal for repeal of sections of the Universities Act, 2021 pertaining to the elections of university student leaders.
  • Suspension of Teachers’ Professional Development

MOTIONS 

Introduction of Vote Head for School Feeding Programme

Hon. Emmanuel Wangwe (Navakholo, JP) gave the notice of motion that the Basic Education Act adopted in 2013 guarantees the implementation of the right to free and compulsory education as provided for in Article 35 of the Constitution. Appreciating that pupils shall be given appropriate incentives to learn and complete basic education; deeply concerned that the funding of free primary and secondary education does not provide for food feeding programme thus undermining the children’s socio-economic right to be free from hunger and to have adequate food of acceptable quality as well as education;

further concerned that this fundamental omission in capitation exposes hundreds of thousands of school-going orphans and other vulnerable groups of learners to the adverse effect of hunger leading to death, early marriages, school dropouts and high rates of truancy;

considering that with the outbreak of the COVID-19 pandemic the income of households has gone down through massive loss of jobs and opportunities and the virus will still be in existence for a long time as infection rates continue to rise the world over; noting that the Ministry of Education continues to take positive measures aimed at combating the pandemic within institutions of basic learning;

further noting that the primary school capitation of Kshs2,500 per child, secondary school capitation of Ksha22,244 being Ksh4,144 for tuition, Kshs2,000 for medical insurance, Kshs1,500 for activity, Kshs200 for Centre for Mathematics, Science and Technology Education in Africa (CEMASTEA), Kshs5,000 for maintenance and improvement and Kshs9,400 for Local Transport and Travelling (LT&T) administration does not include a Vote Head for School Feeding Programme, the House urges the Government to enhance the primary and secondary capitation per learner in order to cater for feeding programme for learners across the country.

Ratification of Protocols Under the Maritime Labour Convention and the International Labour Organization

The House considered the adoption of the Report of the Departmental Committee on Transport, Public Works and Housing on the Ratification of the 2014 and 2018 Amendments to the Maritime Labour Convention, 2006; the International Labour Organization Convention C185 (Amended Convention on Seafarers Identity Documents, 2003); the International Labour Organization Convention C188 (Work in Fishing Convention, 2007); the International Convention on the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995; and the Cape Town Agreement of 2012 on Safety of Fishing Vessels, laid on the Table of the House on Thursday, September 23, 2021, and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approve the Ratification of –

  1. a)       the Amendments to the Maritime Labour Convention, 2006 (2014 and 2018 Amendments);
  2. b)     the International Labour Organization Convention C185 (Amended Convention on Seafarers Identity Documents, 2003);
  3. c)       the International Labour Organization Convention C188 (Work in Fishing Convention, 2007);
  4. d)     the International Convention on the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995; and,
  5. e)     the Cape Town Agreement of 2012 on Safety of Fishing Vessels.

Recognition of The Pemba People of Kenya as Citizens of the Republic of Kenya

The House considered the adoption of the Report of the Departmental Committee on Administration and National Security on its consideration of a Public Petition regarding Recognition of the Pemba People of Kenya as Citizens of the Republic of Kenya, laid on the Table of the House on Wednesday, August 11, 2021.

The Draft Election Campaign Financing Regulations

The House adopted the Report of the Committee on Delegated Legislation on its consideration of the Draft Election Campaign Financing Regulations submitted by the Independent Elections and Boundaries Commission on 5th August, 2021 laid on the Table of the House on Tuesday, August 17, 2021 and pursuant to the provisions of the Constitution, the Interpretation and General Provisions Act, the Election Campaign Financing Act, 2013 and section 18 of the Statutory Instruments Act, 2013-

  1. a)       annulled in entirety The Contributions and Spending limits for Political Parties and Candidates for the purposes of the General Election to be held on 9th August, 2022 notified and published as Gazette Notice No. 8024 of 9th August 2021; and,
  2. b)     rejected the Draft Election Campaign Financing Regulations submitted to the National Assembly by the Independent Elections and Boundaries Commission on 5th August 2021.

BILLS

First Reading

The following Bill came up for First Reading. Orders of the Bill were read for the First Time and committed to the relevant Committees

  • The Coffee Bill (Senate Bill No. 22 of 2020) by the Chairperson, Departmental Committee on Agriculture and Livestock.
  • The Wildlife Conservation and Management (Amendment) Bill (Senate Bill No. 30 of 2020) by the Chairperson, Departmental Committee on Environment and Natural Resources.
  • The Parliamentary Powers and Privileges (Amendment) Bill (Senate Bill No. 33 Of 2020) by the Chairperson, Departmental Committee on Justice and Legal Affairs.
  • The Community Health Services Bill (Senate Bill No. 34 of 2020) by the Chairperson, Departmental Committee on Health.
  • The National Flag, Emblems and Names (Amendment) Bill (Senate Bill No. 36 of 2020) by the Chairperson, Departmental Committee on Administration and National Security)

Second Reading

The following Bill came up for Second Reading.

  • The Landlord and Tenant Bill (National Assembly Bill No. 3 of 2021) by the Leader of the Majority Party.
  • The Perpetuities and Accumulations (Amendment) Bill (National Assembly Bill No. 24 of 2021) by the Chairperson, Departmental Committee on Finance and National Planning.
  • The Trustees (Perpetual Succession) (Amendment) Bill, 2021 by the Chairperson, Departmental Committee on Finance and National Planning. The Bill was accordingly read a Second Time and committed to a Committee of the whole House.

Committee of the Whole House

The National Hospital Insurance Fund (Amendment) Bill (National Assembly Bill No. 21 of 2021) by the Leader of the Majority Party came up for consideration by the Committee of the Whole House. The Committee considered the Bill and approved it with amendments. The Bill was accordingly read the third time and passed.

STATEMENTS

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

  • Ownership Details of Parcels of Land

Hon. Simba Arati (Dagoretti North, ODM) asked the Cabinet Secretary for Lands and Physical Planning:

  1. a)   Could the Cabinet Secretary provide the ownership details of parcels of land occupied by Kilimani, Milimani and Kileleshwa primary schools in Nairobi City County?
  2. b) Could the Cabinet Secretary also provide the status of ownership of parcels of land occupied by Kilimani, Kileleshwa and Muthangari police stations in Nairobi City County?
  3. c)   Could the Cabinet Secretary indicate when the Ministry plans to resolve land disputes on the parcels of land occupied by the said public institutions?

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

  • Action Taken Against Sale of Illicit Brew In Tigania West

Hon. John Mutunga (Tigania West, JP) asked the Cabinet Secretary for Interior and Coordination of National Government:

  1. a)       What action is the Government taking against police and administrative officers in particular, chiefs and assistant chiefs who condone production, sale and consumption of illicit brews in Tigania West Constituency?
  2. b)     What steps is the Ministry taking to build confidence in the police service and administrative officers who have been heavily implicated in perpetuating defiance as opposed to containing the production, sale and consumption of illicit brews across the country, and in particular in Tigania West Constituency

The Question will be replied to before the Departmental Committee on Administration and National Security.

  • The Hon. (Prof.) Jacqueline Oduol, MP requested a Statement from the Departmental Committee on Labour and Social Welfare regarding the recognition and protection of the family by the state.
  • The Hon. Elijah Kanchory, MP requested a statement from the Departmental Committee on Education and Research concerning the rationale used in declaration of Kajiado Central and parts of Baringo County as non hardship areas.
  • The Hon. Kubai Iringo, MP requested a Statement from the Departmental Committee Environment and Natural Resources on the Termination of employment of a former Kenya Wildlife Service (KWS) ranger.

SENATE

PAPERS LAID

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

  • Report of the Sessional Committee on Delegated Legislation on the Consideration of the Public Finance Management (Equalization Fund Administration) Regulations, 2021, Legal Notice No. 54 of 2021.
  • Report of the Standing Committee on Health on the Health (Amendment) Bill (Senate Bills No. 26 of 2020).
  • Report of the Auditor General on:
  1. a)   The Financial Statements of Nyeri County Government Executive Car Loan and Mortgage Fund for the year ended 30th June, 2019.
  2. b) The Financial Statements of Kiambu County Assembly Car Loan and Mortgage Scheme Fund for the year ended 30th June, 2019.
  3. c)   Financial Statements of Thika Water and Sewerage Company Limited for the year ended 30th June, 2019.
  4. d) The Financial Statements of Olkejuado Water and Sewerage Company Limited for the year ended 30th June, 2019.
  5. e) The Financial Statements of Nyamira County Executive Mortgage Scheme Fund for the Year ended 30th June, 2019.
  6. f)       The Financial Statements of Kiambu County Alcoholic Drinks Control Fund for the year ended 30th June, 2019.
  7. g)   Murang’a South Water and Sanitation Company Limited for the year ended 30th June, 2019.

MESSAGES

Kenya National Blood Transfusion Service Bill, 2020

The House received a Message from the National Assembly regarding the passage of the Kenya National Blood Transfusion Service Bill (National Assembly Bills No. 6 of 2020). The Bill was published by Kenya Gazette Supplement of 23rd March, 2020 as a Bill proposing to establish the Kenya National Blood Transfusion Service to provide for the regulation of activities relating to blood donation, testing processing, safeguarding transfusion, quality control and for connected purposes.

The National Assembly considered the Bill and passed it with amendments.

MOTIONS

Senators Serving in the Committee of Powers and Privileges

The House was given a Notice of Motion to rescind its resolution made on Thursday, 16th September, 2021 on the approval of Senators to serve in the Committee of Powers and Privileges.

The House was given notice to approve the following Senators nominated to serve in the Committee of Powers and Privileges –

  1.       Sen. (Canon) Naomi Waqo, MP to replace Sen. (Dr.) Alice Milgo, MP;
  2.       Sen. Christine Zawadi Gona, MP to replace Sen. Kipchumba Murkomen, EGH, MP; and
  3.       Sen. Abdulkadir Mohamed Haji, MP to replace Sen. Kimani Wamatangi, MP.

Public Finance Management (Equalization Fund Administration) Regulations, 2021

The House considered the Motion to adopt the Report of the Sessional Committee on Delegated Legislation on the Public Finance Management (Equalization Fund Administration) Regulations, 2021, Legal Notice No. 54 of 2021, laid on the Table of the Senate on Tuesday, 28th September, 2021; and consequently approve the Public Finance Management (Equalization Fund Administration) Regulations, 2021, Legal Notice No. 54 of 2021.

BILLS

First Reading

The following Bills underwent First Reading:

  •     The Elections (Amendment) (No. 3) Bill (Senate Bills No. 48 of 2021) by (Sen. (Eng.) Ephraim Maina, MP)
  • The Constitution of Kenya (Amendment) Bill (Senate Bills No. 46 of 2021) (Sen. Enoch Wambua, MP)

Second Reading

The following Bills came up for Second Reading.

  • The Kenya Citizenship and Immigration (Amendment) Bill (Senate Bills No. 33 of 2021) by (Sen. (Dr.) Irungu Kang’ata, MP
  • The Law of Succession (Amendment) Bill (Senate Bills No. 15 of 2021) by Sen. Abshiro Halake, MP
  • The County Resource Development Bill (Senate Bills No. 45 of 2021) by Sen. Rose Nyamunga, MP
  • The Disaster Risk Management Bill (Senate Bills No. 14 of 2021) by Sen. Mutula Kilonzo Jr, MP and Sen. Sakaja Johnson, MP.

STATEMENTS

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

  • Sen. Johnson Sakaja, MP requested for a statement from the Chairperson Standing Committee on Roads and Transport on the progress made on the decongestion of the city of Nairobi and implementation of mass transit system plan in Nairobi City County.
  • Sen. Samson Cherarkey, MP requested for a Statement from the Standing Committee of Labour and Social Welfare on the performance of Kenya National Athletics Team at the Tokyo Olympic 2021 in Japan and the mismanagement of athletes by the Ministry of Sports, Athletics Kenya and the National Olympic Committee of Kenya.
  • Sen. Ledama Olekina, MP sought a statement from the Standing Committee on National Security Defence and Foreign Relations regarding the influx of persons of Asian origin into the country.
  • Sen. Mwaruma Johnes, MP made a statement on the position of teachers regarding the proposed compulsory Teachers Professional Development (TPD) Program as launched by the Teachers Service Commission.
  • Sen. Gertrude Musuruve, MP made a Statement on the International Day of older persons.
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