NATIONAL ASSEMBLY

PAPERS LAID

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

•  Financial Year 2021/2022 Supplementary estimates 1 program based budget.
• Financial Year 2021/2022 Supplementary estimates 1 recurrent estimates volume I and II.
• Legal Notice No. 263 relating to the Data Protection General Regulations, 2021, and the explanatory memorandum from the Ministry of ICT Innovation and Youth Affairs.
• Legal Notice No. 264 relating to the Data Protection Complaints Handling and Enforcement Procedures, Regulation, 2021, and the explanatory memorandum from the Ministry of ICT Innovation and Youth Affairs.
• Legal Notice No. 265 relating to the Data Protection Registration of Data Controllers and Data Processors Regulations and 2021 and the explanatory memorandum from the Ministry of ICT Innovation and Youth Affairs.
• Report of the Departmental Committee on Finance and National Planning on the vetting of Ms. Elizabeth Wangui Muchiri, nominee for appointment as a member of the Salaries and Remuneration Commission representing the National Police Service Commission.
• Various reports and financial statements from the Auditor-General for various institutions.

COMMUNICATIONS FROM THE CHAIR

The House was informed of the withdrawal of the Mediation Bill, 2020. The Bill was committed to the Departmental Committee on Justice and Legal Affairs for consideration. However, the Committee is yet to table its report on the Bill to facilitate Second Reading of the Bill. The request to withdraw the Bill is so as to enable further consultation and also to incorporate additional input by the National Steering Committee, which was constituted in January, 2020, to look into the current status of Dispute Resolution (ADR System in Kenya) with a view to propose appropriate changes in law and the attendant procedures.

MESSAGES

The House received the following messages:

• A message from the Senate on the passage by the Senate of various Bills.
• A message from the President regarding the Kenya Deposits Insurance Amendment Bill (NA 43 of 2020).

PETITIONS

The House was informed of a Petition on the Degradation of the environment along Sondu Miriu Dam due to failure by KenGen to comply with the Environmental Management and Conservation Act of 1995 on behalf of Mwangaza Abunya Community Development Group. The Petition was referred to the Departmental Committee on Energy.

MOTIONS

Rescinding of the decision of the House of January 25, 2022

The House resolved to rescind its decision of Tuesday, January 25, 2022 (Afternoon Sitting), regarding appointment of Members to the House Business Committee.

Appointment of Members to the House Business Committee

The House approved the following Members to the House Business Committee:

• The Hon. Joyce Akai Emanikor, M.P.
• The Hon. Shadrack John Mose, M.P.
• The Hon. Kawira Mwangaza, M.P. The Hon. Mohamed Abdikhaim Osman, M.P.
• The Hon. (Dr.) Makali Mulu, M.P.
• The Hon. Mishi Juma Khamisi Mboko, M.P.
• The Hon. Godfrey Osotsi, M.P.

Limitation of debate on Bills sponsored by parties or committees

The House ordered that notwithstanding the provisions of the Standing Orders, each speech in a debate on Bills sponsored by a Committee, the Leader of the Majority Party or the Leader of the Minority Party be limited as follows:-

• A maximum of forty-five (45) minutes for the Mover, in moving and fifteen minutes (15) in replying,
• A maximum of thirty (30) minutes for the Chairperson of the relevant Committee (if the Bill is not sponsored by the relevant Committee), and
• A maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen Minutes (15) each (if the Bill is not sponsored by either of them); and
• That priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order.

Limitation of debate on individual members’ Bills

The House ordered that notwithstanding the provisions of the Standing Orders, each speech in a debate on Bills NOT sponsored by a Committee, the Leader of the Majority Party or the Leader of the Minority Party be limited as follows:-

• A maximum of three hours and thirty minutes, with not more than thirty (30) minutes for the Mover, in moving and ten (10) minutes in replying,
• A maximum of thirty (30) minutes for the Chairperson of the relevant Committee and
• A maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen Minutes (15) each;
• And that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order.

Limitation of debate on motions

The House ordered that, notwithstanding the provisions of the Standing Orders, each speech in a debate on any Motion, including a Special motion be limited in the following manner:-

• A maximum of three hours with not more than twenty (20) minutes for the Mover and ten (10) minutes for each other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each, and
• That ten (10) minutes before the expiry of the time, the Mover shall be called upon to reply; and
• That priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order.

Limitation of debate on committee reports

The House ordered that notwithstanding the provisions of the Standing Orders, each speech in a debate on Committee Reports (except for Reports of Audit Committees), including a Report of a Joint Committee of the Houses of Parliament or any other Report submitted to the House for which limitation of time has not been specified, shall be limited as follows:-

• A maximum of 2.5 hours, with not more than twenty (20) minutes for the Mover in moving and
• Five (5) minutes for any other Member speaking, including the Chairperson of the relevant Committee (if the Committee Report is not moved by the Chairperson of the relevant Committee) except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of ten (10) minutes each, and that ten (10) minutes before the expiry of the time, the Mover shall be called upon to reply; and
• Further that priority in speaking shall be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

Limitation of debate on reports of audit committees

The House ordered that notwithstanding the provisions of the Standing Orders, that, each speech in debate on Reports of Audit Committees (PIC, PAC & SFAC) be limited as follows:-

• A maximum of sixty (60) minutes for the Mover in moving and thirty (30) minutes in replying, and
• A maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each; and
• That priority be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

Limitation of Debate on Sessional Papers

The House ordered that notwithstanding the provisions of the Standing Orders, each speech in a debate on any Sessional Paper shall be limited as follows:-

• A maximum of 2.5 hours, with not more than twenty (20) minutes for the Mover in moving and five (5) minutes for any other Member speaking, including the Leader of the Majority Party and the Leader of the Minority Party and the Chairperson of the relevant Committee (if the Sessional Paper is not moved by the Chairperson of the relevant Committee), and
• That ten (10) minutes before the expiry of the time, the Mover shall be called upon to reply; and
• Further that priority in speaking shall be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

Limitation of debate on the address by the President

The House ordered that notwithstanding the provisions of the Standing Orders, that, debate on the Motion on the Address by the President be limited to no more than thirty (30) minutes for the Mover in moving, twenty (20) minutes for the Leader of the Minority Party, and ten (10) minutes each to the Chairperson of the Departmental Committee on Justice and Legal Affairs to speak on the Report submitted under Article 132(1)(c)(i) of the Constitution relating to the realisation of the national values; the Chairperson of the Departmental Committee on Defence and Foreign Relations to speak on the Report submitted under Article 132(1)(c)(iii) of the Constitution relating to the progress made in fulfilling the international obligations of the Republic; and the Chairperson of the Departmental Committee on Administration and National Security to speak on the Report submitted under Article 240(7) of the Constitution relating to the state of the security of the Country; and five (5) minutes for any other Member speaking, and that ten (10) minutes before the expiry of the time, the Mover shall be called upon to reply.

Limitation of debate on reports of constitutional commissions and independent offices

The House ordered that notwithstanding the provisions of the Standing Orders, each speech in debate on Reports of Constitutional Commissions and Independent Offices be limited as follows:-

• A maximum of four hours with not more than thirty (30) minutes for the Mover in moving and ten (10) minutes in replying,
• A maximum of thirty (30) minutes for the Chairperson of the relevant Committee, and
• A maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each; and
• That priority be accorded to the Chairperson of the relevant Committee, the Leader of the Majority Party and the Leader of the Minority Party, in that order.

Limitation of Debate on the Annual Estimates and Committee of Supply

The House ordered that notwithstanding the provisions of the Standing Orders, each speech in a debate on the Report of the Budget & Appropriations Committee on Budget Estimates contemplated under Standing Orders 239 and 240 be limited as follows:

a) General Supply Debate:-

• A maximum of three (3) sitting days with thirty (30) minutes for the Mover in moving and fifteen minutes (15) in replying;
• A maximum of ten (10) minutes for each of the Chairpersons of the Departmental Committees and
• A maximum of five (5) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party who shall be limited to a maximum of ten minutes (10) each; and
• that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the respective Chairpersons of the Departmental Committees in the order that they appear in the Second Schedule to the Standing Orders; and,

b)      Committee of Supply: –

• A maximum of six (6) sitting days for the consideration of the proposed allocations to the respective Votes/Programmes in the order specified in the Schedule submitted by the Budget and Appropriations Committee.

Limitation of Debate on the Senate Amendments to Bills Originating in the National Assembly

The House ordered that notwithstanding the provisions of the Standing Orders, each speech in the general debate contemplated under Standing Order 146 (Consideration of Senate amendments to Bills originating in the National Assembly) be limited as follows:-

• a maximum of one hour and thirty minutes, with not more than fifteen minutes (15) for the Mover in moving, fifteen minutes (15) for the Chairperson of the relevant Departmental Committee, and
• five (5) minutes for any other Member speaking, including the Leader of the Majority Party and the Leader of the Minority Party (if the Bill is not party-sponsored), and
• that five (5) minutes before the expiry of the time, the Mover shall be called upon to reply; and
• further that priority in speaking shall be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order.

Procedural Motion – Limitation of Debate for a Motion on Sine Die

The House ordered that notwithstanding the provisions of the Standing Orders, that, the debate on any Motion for the Sine Die Adjournment of the House in accordance with the Calendar of the House, shall be limited as follows:-

• a maximum of four (4) hours for the entire motion, with not more than five (5) minutes for each Member speaking, except the Mover, the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each;
• that priority shall be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Deputy Speaker in that order and
• further that, at the expiry of the time allocated for the Motion, the House shall adjourn without question put pursuant to the provisions of Standing Order 28(3) (Calendar of the House).

Consideration of Certain Business Received during the Recess Periods

The House ordered that notwithstanding the provisions of the Standing Orders, relating to conveying of Messages from the Senate and from the President or the National Executive, Standing Orders 120, 122 and 126 relating to Publication, Procedure upon Publication and First Reading of Bills and Standing Order 210(2) relating to Tabling of Statutory Instruments, during the Short and Long Recesses of the Sixth Session-

• upon receipt of any Message from the Senate, or upon receipt of any name of a person nominated for appointment to a state or public office from the President or any other office in the National Executive, the Speaker shall forthwith refer such Message to the relevant Committee for consideration, without having to recall the House, and report such fact to the House on resumption;
• upon receipt of any Message relating to the Senate’s Amendments to a Bill originating in the National Assembly, the Speaker shall forthwith refer the Schedule of the Senate Amendments to the relevant Committee for consideration pursuant to the provisions of Standing Order 145 (Senate amendments to Bills originating in the National Assembly), and report such fact to the House on resumption;
• should a Bill be published during the said period, or a published Bill become due for First Reading, the Speaker shall, upon lapse of at least three days following the publication of the Bill and following a determination that such Bill is of priority, forthwith refer such Bill to the relevant Committee for consideration pursuant to the provisions of Standing Order 127 (Committal of Bills to Committees and public participation) and cause the Bill to be read a First Time upon its next Sitting and the Second Reading may be taken forthwith, or on such other day as the House Business Committee may determine;
• should any statutory instrument be transmitted for tabling before the House during the period, the Speaker shall, following a determination that the statutory instrument is of priority, forthwith refer the statutory instrument to the relevant Committee for consideration and cause the statutory instrument to be tabled in the House upon its next Sitting in accordance with the provisions of section 11 of the Statutory Instruments Act (No. 3 of 2013); and,
• should any Paper be transmitted for tabling before the House, the Speaker shall, following a determination that the Paper is of priority, forthwith refer the Paper to the relevant Committee for consideration and cause the Paper to be tabled in the House upon its next Sitting .

Annulment of the Crops (Fibre Crops) Regulations, 2020

The House was given notice to adopt 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), annuls 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 was given notice to adopt 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 annuls in entirety –

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

Reduction of Publication Period for a Specified Bill

The House negated the Motion to reduce the publication period of the Elections (Amendment) Bill (National Assembly Bill No. 3 of 2022) from 14 days to 5 days.

Approval of the Calendar of the House for the Sixth Session (2022)

The House approved the Calendar of the National Assembly (Regular Sessions) for the Sixth Session (2022) as follows:

CALENDAR OF THE HOUSE FOR 2022 (REGULAR SESSIONS)

Disclaimer: The House may resolve to hold sittings on other days outside this published calendar.

BILLS

First Reading

Orders for the First Reading of the following Bills were read and the Bills were referred to the relevant Committee;

1. The Elections (Amendment) Bill (National Assembly Bill No. 3 of 2022)
2. The Co-Operative Societies (Amendment) Bill (Senate Bill No. 11 of 2020)
3. The Natural Resources (Benefits Sharing) Bill (Senate Bill No. 25 of 2020)
4. The Start-up Bill (Senate Bill No. 1 of 2021)
5. The Kenyan Sign Language Bill (Senate Bill No. 5 of 2021)
6. The County Vocational Education and Training Bill (Senate Bill No. 6 of 2021)
7. The County Hall of Fame Bill (Senate Bill No. 9 of 2021)
8. The Kenya Citizenship and Immigration (Amendment) Bill (Senate Bill No. 33 of 2021)
9. The Prompt Payment Bill (Senate Bill No. 16 of 2021)  

Second reading

The following Bills were coming up for a Second Reading;

1. The Pensions (Amendment) Bill (National Assembly Bill No. 26 of 2020)
2. The Community Health Workers Bill (National Assembly Bill No. 30 of 2020)
3. The Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bill No. 32 Of 2021). The Bill was accordingly read the Second Time and committed to the Committee of the Whole House.  
4. The Sustainable Waste Management Bill (National Assembly Bill No. 22 Of 2021) The Bill was accordingly read the Second Time and committed to the Committee of the Whole House.
5. The Copyright (Amendment) Bill (National Assembly Bill No. 44 of 2021)

STATEMENTS

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

The Member for Lugari (Hon. Ayub Savula, MP) asked the Cabinet Secretary for Energy the following:

• Could the Cabinet Secretary provide details on the amount of money paid to Kenya Power by each of the cement manufacturing firms in the country per month, for electricity power consumption in 2020 and 2021?
• Could the Cabinet Secretary also provide details of outstanding electricity bills attributed to each of the cement firms?
• Could the Cabinet Secretary explain the reasons which have led to the decline in financial performance by Kenya Power?
• What specific measures has the Government initiated to return the Company to profitability?

The Statement will be replied to before the Departmental Committee on Energy.

Hon. Shadrack Mose, MP (Kitutu Masaba), requested for a Statement from the Departmental Committee on Administration and National Security and the Departmental Committee on Transport, Public Works and Housing on the security of Parliament with respect to the Nairobi Expressway.

Hon. Aden Duale, EGH, MP (Garissa Township), requested for a Statement from the Departmental Committee on Transport, Public Works and Housing regarding the status of contracts awarded to foreign companies in the Energy, Infrastructure and ICT Sectors.

SENATE

Senate is currently on recess.