NATIONAL ASSEMBLY

MOTIONS

Consideration of Certain Business Received During July/August, 2021 Short Recess

The House ordered that during the period of the July/August (9th July to 2nd August 2021)-

1. should a Bill be published during the said period, or a published Bill become due for First Reading during the period, the Speaker shall, upon lapse of at least seven days following the publication of the Bill, the fulfilment of the provisions of Article 110(3) of the Constitution and following a determination that such Bill is of priority, forthwith refer the Bill to the relevant Committee for consideration pursuant to the provisions of Standing Order 127 (Committal of Bills to Committees and public participation) and upon resumption of the House, cause the Bill to be read a First Time and the Second Reading may be taken forthwith, or on such other day as the House Business Committee may determine;
2. 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 during its next Sitting in accordance with the provisions of section 11 of the Statutory Instruments Act (No. 3 of 2013);
3. should any Paper be transmitted for tabling before the House during the period, 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 during its next Sitting.

Extension of Time for Consideration of Specified Petitions

The House resolved to extend the period for consideration of the public petitions specified hereunder which are before the Departmental Committee on Agriculture and Livestock by a further period of sixty (60) days with effect from 9th July 2021:

1. Public Petition regarding Revival of the Kenya Cashew Nuts Factory presented by the Member for Kilifi North (Hon. Owen Baya, MP);
2. Public Petition regarding Development and Marketing of Miraa presented by the Member for Igembe South (Hon. John Paul Mwirigi, MP);
3. Public Petition regarding Safeguarding of the Public Interest in the use of Kangaita Tea Farm Land in Kirinyaga County to Establish a Japanese Specialty Green Tea Production factory by KTDA presented by the Member for Kirinyaga Central (Hon. John Munene, MP)
4. Public Petition regarding Transfer of Oversight of Kenya Leather Development Council presented by the Member for Kajiado North (Hon. Joseph Manje, MP).

Status of the Report on Deplorable Working Conditions

The House adopted the Report of the Committee on Implementation on the Implementation Status of the Report of the Departmental Committee on Labour and Social Welfare on a Petition regarding deplorable working conditions of workers at the Kwale International Sugar Company Limited, laid on the Table of the House on Thursday, 26^th November 2020.

Public Finance Management (Equalisation Fund Administration) Regulations

The House adopted the Report of the Committee on Delegated Legislation on its consideration of the Public Finance Management (Equalisation Fund Administration) Regulations, 2021, laid on the Table of the House on Thursday, 1st July 2021, and pursuant to the provisions of Section 205(1) of the Public Finance Management (PFM) Act, 2012, approved that Public Finance Management (Equalisation Fund Administration) Regulations, 2021, published as Legal Notice No. 54 of 2021.

Alteration of the Calendar of the House

The House resolved to alter its Calendar for the Fifth Session (Regular Sessions), as adopted on Wednesday, 10th February, 2021 and amended on Tuesday, 8^th June, 2021 by varying the period for the Short Recess with respect to the Second Part of the Session, so that-

1. the Short Recess commences on Friday, 9^th July, 2021 and ends on Monday, 2^nd August, 2021; and,
2. the House resumes its regular Sittings on Tuesday, 3rd August, 2021 to continue with the Second Part of the Session.

PETITIONS

The following Petitions were presented on the Floor of the House among others:

• A Public Petition No.015/2021 regarding the Renaming of Karura Forest after Prof. Wangari Maathai.
• A Petition from Mwaura S. Mungai calling for the amendment of Sports Act, 2013 in order to streamline coordination of quality physical activities with physical education fitness recreation and sports.

BILLS

Second Reading

The following Bills came up for Second reading.

• The Impeachment Procedure Bill (Senate Bill No. 15 of 2018)- The Bill was accordingly read a Second Time and committed to a Committee of the whole House.
• The Assisted Reproductive Technology Bill (National Assembly Bill No. 34 of 2019) – The Bill was accordingly read a Second Time and committed to a Committee of the whole House.
• The Foreign Service Bill (National Assembly Bill No. 8 of 2021)
• The County Governments (Amendment) Bill (Senate Bill No. 13 Of 2018)

Committee of the Whole House

The following Bills came up for consideration at the Whole House;

• The Kenya National Blood Transfusion Service Bill (National Assembly Bill No. 6 of 2020) – The Committee considered the Bill and approved the Bill with amendments. The Bill was accordingly read a third time and passed.
• The Law of Succession (Amendment) Bill (National Assembly Bill No. 75 of 2019
• The Kenya National Library Service Bill (National Assembly Bill No. 5 of 2020) – The Committee considered the Bill and approved the Bill with amendments. The Bill was accordingly read a third time and passed.

STATEMENTS

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

• The Nominated Member (Hon. (Prof.) Jacqueline Oduol, MP) asked the Cabinet Secretary for Interior and Coordination of National Government: –

Considering the rapid expansion of digital technology which has led to increased cases of online sexual exploitation of minors –

1. What measures has the Ministry put in place to protect minors from grooming or coercion by duty bearers, including parents, to online sexual exploitation through solicitation and inducement to pornographic content and sexual abuse, particularly in secluded dwellings and locations that are mushrooming in the country?
2. What specific awareness programs has the Ministry developed to enable children, youth, parents and the general public to access, understand and apply the existing tools such as “The Guide to Child Online Protection”?
3. What steps has the Ministry taken to work with key stakeholders, especially Internet Service Providers, to ensure that law enforcement agents are informed about the numerous cases of child pornography and online sexual exploitation and related offences?
4. What measures are in place to protect children from sexual predators who use tourism as a design to exploit children?
5. What is the Ministry doing to hold online gaming companies accountable to online games and pop-ups which lure minors to sexual content and exploitation?

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

• (Ms.) Zuleikha Hassan (Kwale CWR, ODM) asked the Teachers Service Commission (TSC) the following Questions:

1. Could the commission explain the progress made in employing Islamic Religious Education (IRE) teachers in public schools across the country?
2. What measures has the Commission put in place to ensure that the shortage being experienced with regard to IRE teachers is addressed soonest?
3. Could the commission provide a list of all IRE and Christian Religious Education (CRE) teachers and their placement to schools across the country?

• Kinuthia Gachobe (Subukia, JP) directed the following Questions to the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works:

1. What measures are in place to prevent accidents occurring along the Solai-Subukia Road (D366) in Subukia Constituency noting that majority of them are due to sharp bends and lack of road infrastructure such as signage and markings, speed bumps, pedestrian crossings, among others?
2. Could the Cabinet Secretary explain why the completion of the construction of the said road has delayed, including erecting of speed bumps, road marking, installation of culverts, traffic and road signs?

The Question will be replied to before the Departmental Committee on Transport, Public Works and Housing.

• Peris Tobiko, MP (Kajiado East) asked the following questions to the Cabinet Secretary for Interior and Coordination of National Government:

1. Could the Cabinet Secretary explain the progress made and any steps being taken to bring an end to the rampant theft of livestock in Kajiado East Constituency?
2. What interventions have the security agencies deployed to arrest those behind such thefts and discontinue the commercial networks behind the illegal livestock business?
3. Could the Ministry consider compensating the affected families for the losses of their livestock?

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

• The Member for Sigowet/Soin (Hon. Kipsengeret Koros, MP) asked the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works: –

1. Could the Cabinet Secretary provide details on the cost of constructing the Nairobi expressway, which starts from Jomo Kenyatta International Airport (JKIA) to Westlands area of Nairobi City County?
2. Could the Cabinet Secretary explain the reasons which led to varying of initial budget of the project from Kshs. 23 billion to the current Kshs.63 billion?
3. When is the project expected to be complete and at what extra cost to the users, with regard to levy and/or maintenance charges in its actual utilization?

The questions will be replied to before the Departmental Committee on Transport, Public Works and Housing

• The Member for Ugenya (Hon. David Ochieng, MP) asked the Cabinet Secretary for the National Treasury and Planning: –

1. Could the Cabinet Secretary state the number of public entities that have been privatized since the establishment of the Privatization Commission?
2.  Why did the Government bypass the Commission in its privatization of the National Bank and in the ongoing efforts at state-owned sugar factories?
3. When does the Cabinet Secretary intend to fill the existing vacancies in the membership of the Privatization Commission?
4. What steps does the Cabinet Secretary intend to take to ensure the Commission is able to carry out its mandate including through provision of the necessary resources?

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

• The Member for Trans Nzoia County (Hon. Janet Nangabo, MP) asked the Cabinet Secretary for Health: –

1. Could the Cabinet Secretary explain why the National Hospital Insurance Fund (NHIF) is yet to remit funds to the Linda Mama Programme since November, 2020?
2. What measures has the Ministry put in place to ensure that funds payable by the NHIF are remitted without further delays to ensure the programme fully benefits the intended beneficiaries?

The questions will be replied to before the Departmental Committee on Health.

• The Member for Kisumu West (Hon. Olago Aluoch, MP) to ask the National Land Commission: –
• Could the Commission explain the progress made in disbursing money received from Kenya National Highway Authority (KenHA) in December 2016 amounting to Kshs. 314,160,828.00 which was meant for compensation of persons whose fixed assets situated in Kogony Sub-Location of Kisumu West Constituency were compulsorily acquired by the Government for the construction of the Kisumu Northern Bypass?
• Could the Commission also provide details and list the names and ID numbers of the beneficiaries who received compensation amounting to about Kshs.87 million as part of the compensation money and state when the balance amounting to about Kshs. 227,160,82.0 0 will be paid out to the rest of the affected persons?
• What steps is the National Land Commission taking to ensure that it pays the balance to the affected persons together with revaluation of the affected properties with a view to paying compensation at the current valuation of the properties?
• What steps is the Commission taking to secure payment of the balance of Kshs. 635,091,027.00 from the National Treasury so that the process of compensation to all affected persons from Kogony Sub-Location is completed?

The question will be replied before the Departmental Committee on Lands.

• The Member for Kathiani(Hon. Robert Mbui, MP) asked the Cabinet Secretary for Education: –

1. Could the Cabinet Secretary explain the circumstances which led the Kenya National Examination Council to issue a Circular dated 11th and 28th June, 2021directing both private and public schools with less than forty (40) candidates to be hosted by an examination center with more than forty (40) candidates during the 2021 Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE) examinations?
2. Could the Cabinet Secretary clarify whether the Ministry did consult education stakeholders, such as the Kenya Private Schools Association and the Parents Associations considering that such swift change of policy directions may inconvenience thousands of learners during the examination period since subjecting them to new environment may affect their performance?
3. What measures has the Ministry put in place to ensure that increased numbers of learners in examination rooms would not compromise the quality education and/or lead to cheating during examinations?
4.  What steps the Ministry is taking to ensure that increased numbers of learners in a classroom or examination room do not compromise the COVID-19 Protocols and Guidelines as set by the Ministry of Health?

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

SENATE

PAPERS LAID

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

• The East African Community Sexual Reproductive Health Bill.
• Report of the East African Legislative Assembly Committee on Agriculture, Tourism and Natural Resources on the oversight activity on the impact of the COVID-19 pandemic on food security in the East African Community (EAC) adopted at the 5^th Meeting of the 4^th Session of the 4^th Assembly, held between 9^th to 29^th May, 2021 in Arusha, Tanzania.
• Report of the East African Legislative Assembly Committee on Accounts on the status of implementation of the Assembly’s recommendations on the East African Community (EAC) audited accounts for the East African Health Research Commission and the East African Kiswahili Commission for the Financial Year ended 30th June, 2017 and 2018, adopted at the 5^th Meeting of the 4^th Session of the 4^th Assembly, held between 9^th to 29^th May, 2021 in Arusha, Tanzania.
• The Public Finance Management (Sinking Fund) Guidelines, 2021.
• The architects and quantity surveyors continuing professional Development bylaws, 2020;
• The national Government Budget Implementation Review Report of the first nine months of the Financial Year 2020/2021 of May 2021;
• The Report of the Standing Committee on Health on the stalemate between the Government of Kenya and the United States Agency for International Development (USAID) on HIV/AIDS commodities; and
• The Report of the Standing Committee on Health on the Mental Health (Amendment) Bill, Senate Bills No. 28 of 2020.
• Annual Report of the Salaries and Remuneration Commission (SRC) for financial year 2019/2020.
• Report of the East African Legislative Assembly Committee on Communication, Trade and Investment on the capacity building for Members, held between 22nd to 25th October, 2020 in Arusha, Tanzania;
• Report of the East African Legislative Assembly Committee on General Purpose on the capacity building workshop to enhance the capacity of Members in Legislative and Budget Oversight held between 26th to 29th October, 2020 in Arusha, Tanzania;

MESSAGES FROM THE NATIONAL ASSEMBLY

Approval of the County Allocation of Revenue Bill (Senate Bills No.30 of 2021)

The House was notified of the approval by the National Assembly of the County Allocation of Revenue Bill (Senate Bill No. 30 of 2021). The message notes that the Bill was published vide Kenya Gazette Supplement No. 77 of 2021 as a special Bill concerning county governments to provide, inter alia, for the equitable allocation of revenue raised nationally among the county governments for the 2021/2022 financial year.

The Bill was passed by the Senate on Thursday, 3rd June, 2021 and referred to the National Assembly for consideration in accordance with the provisions of Article 110(4) of the Constitution. The National Assembly passed the said Bill on Wednesday, 16th June, 2021 without amendment (in the form passed by the Senate). The Bill was therefore assented on Wednesday 30^th June, 2021.

Passage of the Land (Amendment) Bill (National Assembly Bills No. 54 of 2019)

The House was informed of the passage by the National Assembly of the Land (Amendment) Bill (National Assembly Bills No. 54 of 2019). The Bill seeks to amend the Land Act, 2012 so as to provide that where public land has been allocated to a public body or public institution by the National Land Commission (NLC) for public purposes or where land is set aside by persons or land buying companies for public purposes, the registrar of land under the Land Registration Act, 2012 shall issue a certificate of titles in the name of the public body or public institution or relevant Ministry as the case may be. The National Assembly considered the Bill and passed it on Thursday, 13^th May 2021 with amendments.

BILLS

First Reading

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

• The County Oversight and Accountability Bill (Senate Bills No. 17 of 2021)
• The National Cohesion and Peace Building Bill (Senate Bills No. 19 of 2021)
• The County Boundaries Bill (Senate Bills No. 20 of 2021)
• The Preservation of Human Dignity and Protection of Social and Economic Rights Bill (Senate Bills No. 21 of 2021)
• The Heritage and Museums Bill (Senate Bills No.22 of 2021)
• The Coconut Industry Development Bill (Senate Bills No. 24 of 2021)
• The Kenya Citizenship and Immigration (Amendment) Bill (Senate Bills No. 33 of 2021)
• The Alternative Dispute Resolution Bill (Senate Bill No. 34 of 2021)
• The County Governments Grants Bill (Senate Bills No. 35 of 2021)

Second reading

The following Bills were coming up for a Second Reading;

• Community Health Services Bill (Senate Bills No.34 of 2020)
• The Investment Promotion (Amendment) Bill (Senate Bills No. 2 of 2021)
• The Parliamentary Powers and Privileges (Amendment) Bill (Senate Bills No. 33 0f 2020)
• The National Flag, Emblems and Names (Amendment) Bill (Senate Bills No. 36 of 2020)

PETITIONS

The following Petitions were presented on the Floor of the House among others:

• Petition to the Senate by former employees of the Kenya United Steel Company Ltd (KUSCO), concerning their plight, following termination of their employment.
• Report of the Standing Committee on Land, Environment and Natural Resources on a Petition to the Senate concerning the resettlement of Internally Displaced Persons in Nyandarua County.
• Petition to the Senate by Mr. Wilson Amge Arap Langat, a resident of Baringo County on corruption, land historical injustices, abuse of human rights, fraudulent use of office for personal gain and oppression of individual rights.

STATEMENTS

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

• The Senator for Vihiga County, (Sen. George Khaniri, MP) made a statement concerning the third wave of the COVID-19 global pandemic and concerns raised about its vaccine.
• Nominated Senator (Sen. Beatrice Kwamboka, MP) sought a statement from the Standing Committee on Roads and Transportation regarding the state of road maintenance in Kenya.
• The Senator for Marsabit County (Sen. (Eng.) Godana Hargura, MP) sought a statement from the Standing Committee on Land, Environment and Natural Resources regarding the registration of Community Lands under the Community Land Act, 2016.
• The Senator for Vihiga County (Sen. George Khaniri, MP), to make a statement regarding exports of raw bananas and broccoli to South Korea.
• Nominated Senator (Sen. (Dr.) Getrude Musuruve, MP) made a statement concerning menstrual health management.
• The Senator for Marsabit County (Sen. (Eng.) Godana Hargura, MP) sought a statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the establishment of Disease-FreeZones in arid regions.
• The Senator for Marsabit County (Sen. (Eng.) Godana Hargura, MP) sought a statement from the Standing Committee on Energy regarding the establishment of off-grid energy facilities in Marsabit County.
• The Senator for Vihiga County (Sen. George Khaniri, MP) sought a statement from the Standing Committee on National Security, Defence and Foreign Relations concerning the delayed roll out of new generation motor vehicle number plates.
• Nominated Senator (Sen. Halake Abshiro, MP), made a statement concerning the persistent state of insecurity in Isiolo County.
• Nominated Senator, (Sen. Judith Pareno, MP) sought a statement from the Standing Committee on Energy regarding the KenGen wind power project in Ngong Hills.
• The Senator for Wajir County (Sen. (Dr.) Abdullahi Ali, MP), sought a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding suspension of flights between Kenya and Somalia;
• The Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights made a statement relating to the activities of the Committee
• The Chairperson, Standing Committee on Health made a statement relating to the activities of the Committee.
• The Chairperson, Standing Committee on Labour and Social Welfare to made a statement relating to the activities of the Committee.

Activities of the Committee on Finance and Budget

Sen. Farhiya made a Statement on the activities of the Standing Committee on Finance and Budget for the period commencing 1^st April to 30^th June, 2021. The Committee held 22 meetings.

It considered the Division of Revenue Bill (National Assembly Bills No.7 of 2021); the County Allocation of Revenue Bill (Senate Bills No.30 of 2021); and, the Salaries and Remuneration Commission (Amendment) Bill (Senate Bills No.31 of 2020).

The Committee is scheduled to hold meetings with the Controller of Budget (CoB), the Council of Governors (CoG), the Auditor-General and the Governor of the Central Bank of Kenya (CBK) to further deliberate on the challenges encountered by regular users of systems and possible mitigation measures.

Regarding a Statement concerning cushioning of Kenyans from the negative socio-economic impact of COVID-19 caused by partial lockdown requested by Sen. Omanga, the Committee sought information from the National Treasury and the response is yet to be submitted.

On the Statement concerning the merger of Government agencies to form the Kenya Transport and Logistics Network (KTLN) requested by Sen. Cheruiyot, the Committee sought information from the National Treasury and the response is yet to be submitted.

Another activity the Committee has undertaken is to monitor counties’ budgets. Following the request for intervention by the County Assembly of Bungoma, the Committee held meetings with the CoB, Bungoma County Executive and Bungoma County Assembly to consider allegations on deliberate denial by the Governor and the CECM Finance to allow the County Assembly access revenue allocated for FY 2020/2021. The matter is under deliberation and the Committee will issue an advisory on 9^th July, 2021.

The Committee has been following up with the National Treasury and Planning on the matter of delayed disbursement of equitable share to the counties. When the disbursement of April was delayed by a month, the Committee invited the Cabinet Secretary in charge of the National Treasury for a meeting. After deliberations, the Cabinet Secretary committed to prioritise the release of April disbursements. The disbursements were made the same week in April. It was confirmed on 5^th July, 2021 that the counties equitable share for FY 2020/2021 has been disbursed in full.

The activities of the Committee in the next quarter include: an investigation on the efficiency of the IFMIS on the county governments’ operations is also being considered.