8th October 2021: Parliamentary Round Up

NATIONAL ASSEMBLY

PAPERS LAID

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

  • The Breast Milk Substitutes (Regulation and Control) (General) Regulations, Legal Notice No.184 of 2021 and the Explanatory Memorandum from the Ministry of Health.
  • Legal Notice No. 194 of 2021 relating to the Kenya Defence Forces Pensions and Gratuities Officers and Service Members Regulations 2020 and the Explanatory Memorandum from the Ministry of Defence.
  • Report of the National Treasury and Planning on All New Loans contracted by Government of Kenya from 1st April, 2021 to 31st August, 2021.  
  • Report of the Departmental Committee on Administration and National Security on its consideration of the President’s Reservations to the Refugees Bill (National Assembly Bill No. 62 of 2019).
  • The Public Debt Management Report for the Financial Year 2020/2021 from the National Treasury and Planning.
  • The 2021 Budget Review and Outlook Paper for the Financial Year 2022/2023 and the Medium Term Budget.
  • The National Government Budget Implementation Review Report for the Financial Year 2020/2021 from the Office of Controller of Budget.
  • The Schedule of additional expenditures granted under Article 223 of the Constitution for the Financial Year 2021/2022 from the National Treasury and Planning.
  • Reports of the Departmental Committee on Justice and Legal Affairs regarding its consideration of:
    • The public petition by Mr. Ephantus Nyaga regarding amendments to Sections of Civil Procedure Act Cap. 21 and the Law of Successions Act Cap. 160
    • The public petition regarding the settlement of an award to the family of the late Nancy Karwari.
MESSAGES

Nominations of Persons by the CS National Assembly

The House was informed of a message from the Cabinet Secretary for the National Treasury and Planning regarding the nomination of persons to fill vacancies in the Privatization Commission and the Board of Competition Authority of Kenya in accordance with the law. The CS has nominated the following persons for appointment to the Privatization Commission, to fill the existing six vacancies, subject to approval by the National Assembly.

  1. Dr. Edward N. Kobuthi, PhD – Member;
  2. Ms. Irene Njeri Wanyoike – Member;
  3. Ms. Celine Anyango Orata – Member;
  4. Mr. Salah Adan Abdi – Member;
  5. Mr. CPA David J.O. Nyakang’o – Member; and
  6. Amb. Wellington Pakia Godo – Member.

The following persons have been nominated for appointment to the Board of the Competition Authority, to fill the four vacancies, subject to approval of the House:

  1. Ms. Lena Munuve – Member;
  2. Ms. Alome K. Achayo – Member;
  3.  Dr. David Wanyonyi Wanyama, – Member; and
  4. Mr. Abdi A. Mohamed – Member.

The matter was referred to the Departmental Committee of Finance and Planning to begin the necessary approvals hearing and table a report in the house within 28 days.

EACC Nominations

The House was informed of a message from the President relating to the nominations of persons to the Ethics and Anti-corruption (EACC). The President nominated Colonel Alfred Mutweta Mshimba and Dr. Monica Wanjiru Muiru as commissioners of the Ethics and Anti-Corruption Commission (EACC).

PETITIONS

The House was informed of the following Petitions: 

  • Inclusion of the National Prayer Day as a Public Holiday. The Petition was reported by the Speaker on behalf of Mr. Isaac Njuguna Ng’aru. It will be dealt with by the Departmental Committee on Administration and National Security.
  • Appeal for land adjudication in Wasini Island. The Petition was reported by the Hon. Khatib Mwashetani, MP on behalf of residents of Wasini Island. It will be dealt with by the Departmental Committee on Lands.
  • A Petition on behalf of Teachers with the Republic of Kenya who invested in Spire Bank through Mwalimu National Sacco Society who are seeking financial support of the Central Bank of Kenya (CBK) in the matter of Spire Bank Limited Under Sections 34 and 36 of CBK Act.
  • Urgent resolution of historical and emerging injustices in Laikipia. The Petition was reported by the Speaker on behalf of Mr. Tema Saaya Karmushu. It will be dealt with by the Departmental Committee on Administration and National Security.
  • Refusal by the Ministry of Health to pay ‘Equip Agencies’ Limited for supply of anti-malaria equipment and drugs. The Petition was reported by the Speaker on behalf of Mr. Divyesh I. Patel. It will be dealt with by the Departmental Committee on Health.
  • Proposed amendment of Articles 102, 142 and 180 of the Constitution to introduce term limits for key elective positions. The Petition was reported by the Speaker on behalf of Mr. Jonah Gachuki. It will be dealt with by the Departmental Committee on Justice and Legal Affairs.
MOTIONS

Air Transport Agreement Between Kenya and The United States of America

The House adopted a Report of the Departmental Committee on Transport, Public Works and Housing on its consideration for ratification of the Agreement amending the Air Transport Agreement between Kenya and the United States of America, laid on the Table of the House on Wednesday, August 18, 2021, and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approved Ratification of the Agreement amending the Air Transport Agreement between Kenya and the United States of America.

The African Charter on Human and People’s Rights on the Rights of Older Persons and the Rights of Persons with Disabilities

The House adopted the Report of the Departmental Committee on Defence and Foreign Relations on the Ratification of Protocols to the African Charter on Human and People’s Rights on the Rights of Older Persons and the Rights of Persons with Disabilities, laid on the Table of the House on Wednesday, September 22, 2021, and pursuant to the provisions of Section 8(4) of the Treaty Making and Ratification Act, 2012, approved –

  • the Ratification of the Protocol to the African Charter on Human and People’s Rights on the Rights of Older Persons in Africa; and
  • the Ratification of the Protocol to the African Charter on Human and People’s Rights on the Rights of Persons with Disabilities in Africa.

The Income Tax Exemption on the Send-Off Package Payable to Employees of Kenya Airways Plc

The House adopted the Report of the Committee on Delegated Legislation on its consideration of the Income Tax Exemption on the Send-off Package payable to employees of the Kenya Airways Plc, 2021, laid on the Table of the House on Wednesday, September 29, 2021, and pursuant to the provisions of section 13(3) of the Income Tax Act (Cap 470), approved the Income Tax Exemption on the Send-off Package payable to employees of the Kenya Airways PLC, 2021, published as Legal Notice No. 115 of 2021.

Outstanding Funds Payable to the National Government Constituencies Development Fund

The House adopted the Report of the Select Committee on National Government Constituencies Development Fund on the outstanding funds payable to the National Government Constituencies Development Fund by the National Treasury, laid on the Table of the House on Wednesday, September 22, 2021.

Insecurity in Saku Constituency and the Larger Marsabit County

The House considered adopting the Report of the Departmental Committee on Administration and National Security on its consideration of a Public Petition regarding insecurity in Saku Constituency and the larger Marsabit County, laid on the Table of the House on Wednesday, August 11, 2021.

Lack of Access to Citizen Registration Services

The House considered adopting the Report of the Departmental Committee on Administration and National Security on its consideration of a Public Petition by residents of Wajir and Garissa Counties regarding lack of access to Citizen Registration Services, laid on the Table of the House on Wednesday, August 11, 2021.

Protocols Under the Maritime Labour Convention and the International Labour Organization

The House adopted 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, approved the Ratification of –

  1. the Amendments to the Maritime Labour Convention, 2006 (2014 and 2018 Amendments);
  2. the International Labour Organization Convention C185 (Amended Convention on Seafarers Identity Documents, 2003);
  3.  the International Labour Organization Convention C188 (Work in Fishing Convention, 2007);
  4. the International Convention on the Standards of Training, Certification and Watch keeping for Fishing Vessel Personnel, 1995; and,
  5. 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 adopting 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.

BILLS

First Reading

The following Bill underwent First Reading. Orders of the Bill were read for the First Time and committed to the relevant Committee:

  • The Proceeds of Crime and Anti-Money Laundering (Amendment) Bill (National Assembly Bill No. 39 of 2021) by the Leader of the Majority Party)

Second Reading

The following Bills were read for the Second Time:

  • The Landlord and Tenant Bill (National Assembly Bill No. 3 of 2021) by the Leader of the Majority Party.
  • The Kenya Deposit Insurance (Amendment) Bill (National Assembly Bill No. 43 of 2020) by the Hon. Abdul Rahim Dawood, M.P.
  • The Perpetuities and Accumulations (Amendment) Bill (National Assembly Bill No. 24 of 2021) by the Chairperson, Departmental Committee on Finance and National Planning)
  • The Kenya Food and Drugs Authority Bill (National Assembly Bill No. 31 of 2019) by the Hon. (Dr.) Robert Pukose, M.P.)

Committee of the Whole House

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

  • The President’s Reservations to the Refugees Bill (National Assembly Bill No. 62 of 2019 – The House agreed with the Report of the Committee of the whole House on its consideration of the Reservations to the Refugees Bill (National Assembly Bill No. 62 of 2019).
  • Tax Appeals Tribunal (Amendment) Bill (National Assembly Bill No. 19 of 2021). The House approved the Report of the Committee of the whole House on its consideration of the Bill. As such, the Bill was accordingly read the time and passed.  Tax Appeals Tribunal (Amendment) Bill (National Assembly Bill No. 19 of 2021). (Question to be put and Third Reading.
  • The Sugar Bill (National Assembly Bill No. 68 of 2019). The House agreed with the Report of the Committee of the whole House. 
STATEMENTS

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

National Police Reservists programme in Northern Kenya

The Member for Marsabit County (Hon. Safia Sheikh, MP) asked the Cabinet Secretary for Interior and Coordination of National Government: –

  1. Could the Cabinet Secretary explain why the National Police Reservists programme in Northern Kenya, particularly in Marsabit County, was discontinued?
  2. b) Are there plans to reinstate the programme in Marsabit County as it will a long way in complementing the work of the police, facilitate restoration of peace and security in the County and avert further loss of lives and properties arising from insecurity in the region?
  3. What steps is the Government taking to enhance security in Northern Kenya, particularly in Marsabit County?

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

Distribution and Supply of items to Secondary and Primary Schools

The Member for Westlands (Hon. Timothy Wanyonyi, MP) asked the Cabinet Secretary for Education: –

  1. Could the Cabinet Secretary provide details of all agreements, contracts or memoranda entered into with book publishers for the distribution and supply of textbooks to secondary and primary schools as well as schedules of payments so far made to each publisher with respect to the financial year 2019/2020 and the current financial year?
  2. Could the Cabinet Secretary explain the criteria informing the frequency of supply of textbooks to a particular secondary or primary school?
  3. Could the Cabinet Secretary explain the Ministry’s policy regarding choice of a particular textbook, its usage in schools, editorial and review by independent education experts?
  4. Could the Cabinet Secretary provide a schedule of expenditure for the Kshs.22,000 per secondary school student capitation funds, enumerating the amounts directly disbursed to each school per constituency and the percentage set aside for textbooks and learning material per student

The Question will be replied to before the Departmental Committee on Education and Research.

M/s. WPP Scangroup Company PLC

The Member for Dagoretti South (Hon. John Kiarie, MP) asked  the Cabinet Secretary for Labour:-

  1. Could the Cabinet Secretary confirm whether M/s. WPP Scangroup Company PLC, which is a full-service creative transformation company engaged in marketing, communication, brand stewardship, media investment management and consumer research complies with labour laws and regulations in its operations?
  2. Could the Cabinet Secretary explain why the Company has been replacing the majority of Kenya’s top creative staff and replacing them with foreign personnel from an Indian-based firm known as Mystic Monks since the onset of the COVID-19 Pandemic?
  3. What measures is the Ministry taking against the leadership of the firm for the injustices against the affected Kenyan personnel?
  4. Could the Cabinet Secretary explain why the said publicly listed company has been allowed to fraudulently engage and retain foreigners for decades to undertake work that can effectively be handled by Kenyan professionals, while at the same time placing its local staff under strenuous and inhumane working conditions including working overnight without compensation?

The Question will be replied to before the Departmental Committee of Labour and Social Welfare.

Betting and gaming activities?

The Member for Kitui Rural (Hon. Mboni Mwalika, MP) asked the Cabinet Secretary for National Treasury and Planning: –

  1. Could the Cabinet Secretary provide the list of firms registered to undertake betting and gaming activities?
  2. Could the Cabinet Secretary outline the impact or benefits to the Kenyan economy arising from betting and gaming activities and companies?
  3. Could the Cabinet Secretary state the amount of tax revenue generated from betting and gaming activities through broadcast media in Kenya for the last two years and provide the tax compliance status of all the registered betting and gaming firms?
  4. Could the Cabinet Secretary provide details of cases of money laundering activities, if any, that may have been undertaken through the betting and gaming activities in the country, and indicate the steps taken to monitor, deter, arrest and prosecute the culprits?

The Question will be replied before the Departmental Committee on Finance and National Planning.

The following Statements were requested:

  • Hon. John Kiarie, MP requested for a Statement on the Rampant cases of child labour in garbage collection and at dumpsites. The matter will be dealt with by the Departmental Committee on Labour and Social Welfare.
  •  Hon. Owen Baya, MP requested for a Statement on the measures to revive the Tourism sector in the country particularly the Coast region during the COVID-19 Pandemic period. The matter will be dealt with by the Departmental Committee on Sports, Culture and Tourism.

The following Statements were responded to:

  • Sewerage spillage and poor drainage in Syokimau area occasioned by the ongoing Expressway Project by the Hon. Patrick Makau, MP Chairperson of the Departmental Committee on Environment & Natural Resources.
  • Status of drug abuse, treatment and rehabilitation in the Country by the Hon. (Dr.) Ojiambo Oundo, MP Chairperson of the Departmental Committee on Administration and National Security.

 

SENATE

PAPERS LAID

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

  • Report by the Controller of Budget on the National Government Budget Implementation Review for the Financial Year 2020/2021.
  • Annual Report of the Kenya Law Reform Commission for the Financial Year 2020/2021.
  • The Breast Milk Substitutes (Regulation and Control) (General) Regulations, Legal Notice No.184 of 2021.
  • Interim Report of the Committee on National Security, Defence and Foreign Relations on a fact finding mission to Laikipia County, concerning the incessant banditry attacks in the County.
  • Report of the National Treasury and Planning on All New Loans contracted by Government of Kenya from 1st April, 2021 to 31st August, 2021.
  • The 2021 Budget Review and Outlook Paper for the Financial Year 2022/2023 and the Medium Term Budget.
  • The Public Debt Management Report for the Financial Year 2020/2021.
PETITIONS

The House was informed of the following Petitions by the Speaker: 

  • Petition by Mr. Mikeson Mugo and other patients living with Autoimmune Diseases concerning payment of Medical and Healthcare costs and provision of health cover for persons living with Autoimmune Diseases by the National Hospital Insurance Fund (NHIF). The Petition was committed to the Standing Committee of Health.
  • Petition to the Senate by Mr. Taratisio Ireri Kawe concerning amendment to the Constitution of Kenya and other relevant Laws on the election of a Deputy President and a Deputy Governor. The Petition was committed to the Standing Committee on Justice Legal Affairs and Human Rights.
  •  Petition by Mr. Isaac Siko Nyakeriga concerning non-payment of salary and failure to confirm his appointment by Kisii County Government. The Petition was committed to the Committee on Labour and social welfare.
  • Petition Report of the Standing Committee on National Security, Defence and Foreign Relations on a Petition to the Senate by the True North Society of Kenya, concerning enactment of a military veterans’ law to address the needs of military veterans and their families.
MOTIONS

Committee on Devolution and Intergovernmental Relations

The House approved the following Senators to serve in the Standing Committee on Devolution and Intergovernmental Relations –

  • Sen. Haji Abdul Mohammed, MP;
  • Sen. Isaac Ngugi Githua, MP; and
  • Sen. Muthama Agnes Kavindu, MP.
BILLS

Second Reading

The following Bills came up for Second Reading:

  • The Health (Amendment) Bill (Senate Bills No. 26 of 2020) by Sen. (Dr.) Abdullahi Ali, MP.
  • The Public Private Partnerships Bill (National Assembly Bills No. 6 of 2021) by the Senate Majority Leader.
STATEMENTS

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

  • The Senator for Nandi County (Sen. Cherarkey Samson, MP) sought the following statements:
    • a Statement from the Standing Committee on Labour and Social Welfare concerning management of Inua Jamii programme by the Kenya Commercial Bank (KCB).
    • a Statement from the Standing Committee on Health regarding the delayed appointment of a substantive DirectorGeneral in the Ministry of Health (MoH).
  • Nominated Sen. Kasanga Sylvia Mueni made a statement on the commemoration of the World Mental Health Day 2021 which is commemorated every year on 10th October, 2021.
  • Nominated Sen.  (Dr.) Inimah Getrude Musuruve made a statement on the commemoration of the World Teachers day which is celebrated on 5th October, 2021 every year.