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5th February 2021 Parliamentary Round Up

NATIONAL ASSEMBLY

The National Assembly will resume its Regular Sittings on Tuesday, 9th February, 2021, at 2.30 pm and the following business will be prioritized during the First Part of the Fifth Session: 

  1. The House will consider and approve its Calendar for the Fifth Session. The Calendar will reflect the special circumstances occasioned by the Covid-19 pandemic and resultant protocols effected.
  1. Reconstitution of the following five (5) Parliamentary Committees: – 
  • House Business Committee; 
  • Parliamentary Powers and Privileges Committee; 
  • Committee on Members’ Services and Facilities;
  • Committee on Appointments; and,

Budget and Appropriations Committee. 

  1. Consideration and approval of the Budget Policy Statement (BPS) for the FY 2021/2022 and the Annual Revenue Bills. In accordance with the Public Finance Malmanagement Act, 2012, the BPS should be submitted by the National Treasury for Tabling in the House by 15th February, each year. Thereafter, the BPS is to subject to consideration by the Budget and Appropriations Committee and the 15 Departmental Committees before approval by the House. This will pave way for the introduction and passage of the annual Divisions of Revenue Bill and the County Allocation of Revenue Bill by both Houses. These two Bills are also top on priority list of Parliament this Fifth Session.
  1. The House will also consider the following Pending Bills: – Majority Party Bills
  • The Public Private Partnerships (Amendment) Bill, 2017 (Mediated version);
  • The Refugees Bill, 2019;
  • The Kenya National Library Service Bill, 2020;
  • The National Aviation Management Bill, 2020;
  • The Waqf Bill, 2019;
  • The Social Assistance (Repeal) Bill, 2020; 
  • The Mediation Bill, 2020; and
  • The Business Laws (Amendment) (No.2) Bill, 2020.

3. Committee Bills

  • The Gaming Bill, 2019;
  • The Parliamentary Pensions (Amendment) (No. 3) Bill, 2019;
  • The Public Fundraising Appeals Bill, 2019;
  • The Public Participation Bill, 2019;
  • The Referendum Bill, 2020;
  • The Referendum (No.2) Bill, 2020;
  • The Kenya National Commission on Human Rights (Amendment) Bill, 2020; 
  • The Constitution of Kenya (Amendment)(No.5) Bill (No. 67 of 2019);
  • The Independent Electoral and Boundaries Commission (Amendment) (No. 2) Bill, 2019;
  • The Kenya National Blood Transfusion Service Bill, 2020;
  • The Radiographers Bill, 2019;
  • The Breastfeeding Mothers Bill, 2019;
  • The Narcotics, Drugs and Psychotropic Substances (Control) (Amendment) Bill, 2020;
  • The Judicial Service (Amendment) Bill, 2020; and
  • The Constitution of Kenya (Amendment) Bill (No. 40 of 2020).

The House will also consider over 50 Bills sponsored by individual Members. 

LIST OF BILLS SPONSORED BY INDIVIDUAL MEMBERS

NOBILLSPONSOR
The Industrial Training (Amendment) Bill, 2019Hon. Jude Njomo, MP
The Institute of Directors of Kenya Bill, 2019Hon. Joyce Emanikor, MP
The Health (Amendment) Bill, 2019Hon. Swarup R. Mishra, MP
The Public Service Commission (Amendment) Bill, 2019Hon. Benjamin Mwangi, MP
The National Disaster Management Authority Bill, 2019Hon. Kimani Ichung’wah, MP
The Public Order (Amendment) Bill, 2019Hon. Simon King’ara, MP
The Labour Relations (Amendment) Bill, 2019Hon. Kimani Ichung’wah, MP
The Crops (Amendment) Bill, 2019Hon. Tandaza Kassim Sawa, MP
The Constitution of Kenya (Amendment) Bill (No. 19 of 2019)Hon. Florence Mutua, MP
The Constitution of Kenya (Amendment)(No.2) Bill (No. 40 of 2019)Hon. George Kariuki, MP
The Constitution of Kenya (Amendment)(No.3) Bill (No. 53 of 2019)Hon. Gladys Boss-Shollei, MP
The Alcoholic Drinks Control (Amendment) Bill, 2019Hon. Silvanus Osoro Onyiego, MP
The Public Procurement and Asset Disposal (Amendment) Bill, 2019Hon. Rigathi Gachagua, MP
The Kenya Uwezo Fund Bill, 2019Hon. Kangogo Bowen, MP
The Higher Education Loans Board (Amendment) Bill, 2019Hon. Ruweida Mohamed Obo, MP
The Land (Amendment) Bill, 2019Hon. Simon King’ara, MP
The Public Finance Management (Amendment) (No.4) Bill, 2019Hon. Samuel Atandi, MP
The Kenya Information and Communications (Amendment) Bill, 2019Hon. Elisha Odhiambo, MP
The Law of Succession (Amendment) Bill, 2019Hon. Peter Kaluma, MP
The Anti-Corruption and Economic Crimes (Amendment)(No.2) Bill, 2019Hon. Silas K. Tiren, MP
The National Government Constituencies Development Fund (Amendment) Bill, 2019Hon. (Dr.) Makali Mulu, MP
The Crops (Amendment) (No.2) Bill, 2019Hon. Moses Kuria, MP
The Independent Electoral & Boundaries Commission (Amendment) Bill, 2019Hon. Jude Njomo, MP
The National Government Constituencies Development Fund (Amendment)(No.2) Bill, 2019Hon. David Eseli Simiyu, MP
The National Hospital Insurance Fund (Amendment), Bill, 2019Hon. Emmanuel Wangwe, MP
The Public Finance Management (Amendment) Bill, 2019Hon. Kimani Ichung’wah, MP
The County Governments’ Retirement Scheme Bill, 2019Hon. Chachu Ganya, MP
The Kenya Food and Drugs Authority Bill, 2019Hon. (Dr.) Robert Pukose, MP
The Assisted Reproductive Technology Bill, 2019Hon. Millie Odhiambo Mabona, MP
The Parliamentary Pensions (Amendment) (No. 2) Bill, 2019Hon. Wangari Mwaniki, MP
The Kenya Information and Communication (Amendment) (No.2) Bill, 2019Hon. Malulu Injendi, MP
The Sugar Bill, 2019Hon. Wafula Wamunyinyi, MP
The Public Participation (No. 2) Bill, 2019Hon. Chris Wamalwa, MP
The Employment (Amendment) (No.2) Bill, 2019Hon. Gideon Keter, MP
The Poverty Eradication Authority Bill, 2020Hon. John Waluke Koyi, MP
The Public Procurement & Asset Disposal (Amendment) Bill, 2020Hon. Patrick Wainaina, MP
The Central Bank of Kenya (Amendment) Bill, 2020Hon. Oroo Oyioka, MP
The Sexual Offences (Amendment) Bill, 2020Hon. Gathoni Wamuchomba, MP
The Insurance Professionals Registration Bill, 2020Hon. Benjamin Washiali, MP
The Pensions (Amendment) Bill, 2020Hon. Didmus Wekesa Barasa, MP
The Health (Amendment) Bill, 2020Hon. Alice Wahome, MP
The Higher Education Loans Board (Amendment) Bill, 2020Hon. Gideon Keter, MP
The Community Health Workers Bill, 2020Hon. Martin Peters Owino, MP
The Institute of Social Work Professionals Bill, 2020Hon. Joshua Kivinda Kimilu, MP
The Birth and Death Registration (Amendment) Bill, 2020Hon. Martha Wangari, MP
The Public Procurement and Asset Disposal (Amendment) Bill, 2020Hon. Richard Tongi, MP
The Alcoholic Drinks Control (Amendment) Bill, 2020Hon. Danson Mwakuwona, MP
The Public Debt Management Authority Bill, 2020Hon. Sakwa Bunyasi, MP
The Information Communication Technology Practitioners Bill, 2020Hon. Godfrey Osotsi, MP
The Children (Amendment) Bill, 2020Hon. George Peter Kaluma, MP

The House will also prioritize consideration of various pending Committee Reports including: –

  1. Report of the Committee on Delegated Legislation on its consideration of the Crops (Sugar) (General) Regulations, 2020 proposing annulment in entirety of the Regulations;
  1. Report of the Committee on Delegated Legislation on its consideration of the Crops (Fibre Crops) Regulations, 2020 proposing annulment in entirety of the Regulations;
  1. Report of the Departmental Committee on Finance and National Planning on its Inquiry into the Optimization of Revenue in Grain Handling Services at the Port of Mombasa;
  1. Report of the Departmental Committee on Finance and National Planning on Inspection Visits to the Kenya Revenue Authority Offices to Ascertain the Impact of Revenue Enhancement Initiatives on Revenue Collection;
  1. Report of the Departmental Committee on Labour and Social Welfare on a Fact-Finding Visit on Social Protection Measures put in place by the Government in combating Covid-19 Pandemic in Coastal Region;
  1. Report of the Committee on Environment and Natural Resources on Sessional Paper No. 1 of 2020 on the Kenya Wildlife Service Policy;
  1. Report of the Select Committee on Parliamentary Broadcasting and Library on the formulation of Parliamentary Broadcasting Channels; and
  1. Report of the Mediation Committee on the Public Private Partnerships (Amendment) Bill, 2017.
SENATE

Just like the National Assembly, the Senate also reconvenes from long recess on Tuesday, 9th February, 2021. In preparation for the (Fifth) 2021 year, the Clerk of the Senate, Mr Jeremiah Nyegenye on the 4th of February asked the Secretariat he leads, to prepare for what is expected to be the busiest Senate Session, owing to among other processes, the landmark ruling on Constitutional Petition No. 284 of 2019. 

Mr Nyegenye noted that the order by the High Court for immediate cessation of Bills pending before either house, where the joint resolution had not been demonstrated, had had far-reaching ramifications as they will have to republish around 40 Bills. Additionally, in line with the Constitution, no Bill will be introduced in either House of Parliament without the joint resolution process by the two Speakers of Parliament. 

On the last sitting day for the Senate, the Majority Whip Sen.  Irungu Kang’ata presented to the Senate the status of business before  the House.  With respect to the business of the Senate, the Senate had published a total  of  94  Bills.  Out  of  these  Bills,  14  were  assented  to by the President  and  34  were  pending consideration by the National Assembly most of which were deemed to be money Bills.

Following the judgment of the High Court in  constitutional  petition  No.  284  of  2019 where the  court  ruled  in  favor  of  the  Senate, it stated that all  Bills should comply with Article 110(3) of the Constitution. This resulted in  secession  of consideration  of  all  Bills  that  were  before  Parliament,  which had  not conformed to Article 110(3) of the Constitution. The  Senate  has  since  complied  with  the  judgment  given  by  the  High  Court  and republished 9 Bills, 6 of which were undergoing concurrence.

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