NATIONAL ASSEMBLY

PAPERS LAID

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

• Legal Notice No.163 of 2021 relating to the Retirement Benefits Individual Retirement Benefit Schemes (Amendment) Regulations 2021.
• Legal Notice No.164 of 2021 relating to the Retirement Benefits Occupational Retirement Benefit Schemes (Amendment) Regulations 2021.
• Legal Notice No.165 of 2021 relating to the Retirement Benefits Umbrella Retirement Benefit Schemes (Amendment) Regulations 2021.
• Legal Notice No.212 of 2021 relating to the Partnerships, Limited Partnerships Regulations 2021.
• The Consolidated National Government Investment Report for the Financial year 2020/2021;
• Report of the Departmental Committee of the Departmental Committee on Finance and National Planning on its consideration of nominees for appointment as members of the Privatization Commission and the Competition Authority of Kenya;
• Report of the Committee on Delegated Legislations on its consideration of the Breast Milk Substitutes (Regulations and Controls) (General) Regulations, 2021;
• Report of the Committee on Delegated Legislations on its consideration of the Environmental Management and Co-ordination Impact Assessment and Audit (Amendment) Regulation 2016 Legal Notice No. 149 of 2016;
• A list of nominees to the National Government Constituency development fund committee for Kiambaa Constituency;
• Reports of the Auditor General and Financial Statement in respect of various institutions for the year ended 30th June 2020 and for various constituencies for the year ended 30th June 2019. 

MESSAGES

• Legal Notice No.163 of 2021 relating to the Retirement Benefits Individual Retirement Benefit Schemes (Amendment) Regulations 2021.
• Legal Notice No.164 of 2021 relating to the Retirement Benefits Occupational Retirement Benefit Schemes (Amendment) Regulations 2021.
• Legal Notice No.165 of 2021 relating to the Retirement Benefits Umbrella Retirement Benefit Schemes (Amendment) Regulations 2021.
• Legal Notice No.212 of 2021 relating to the Partnerships, Limited Partnerships Regulations 2021.
• The Consolidated National Government Investment Report for the Financial year 2020/2021;
• Report of the Departmental Committee of the Departmental Committee on Finance and National Planning on its consideration of nominees for appointment as members of the Privatization Commission and the Competition Authority of Kenya.
• Report of the Committee on Delegated Legislations on its consideration of the Breast Milk Substitutes (Regulations and Controls) (General) Regulations, 2021.
• Report of the Committee on Delegated Legislations on its consideration of the Environmental Management and Co-ordination Impact Assessment and Audit (Amendment) Regulation 2016 Legal Notice No. 149 of 2016.
• A list of nominees to the National Government Constituency development fund committee for Kiambaa Constituency
• Reports of the Auditor General and Financial Statement in respect of various institutions for the year ended 30th June 2020 and for various constituencies for the year ended 30th June 2019.

MESSAGES

Passage of Six Bills by The Senate

Members of the House were informed of a Message from the Senate regarding its passage of the following six Bills:

1. The Public Private Partnerships Bill (National Assembly Bills No. 6 of 2021),
2. The Health (Amendment) Bill (Senate Bills No. 26 of 2020).
3. The Investment Promotion (Amendment) Bill (Senate Bills No. 2 of 2021).
4. The Office of the County Printer Bill (Senate Bill No. 13 of 2021).
5. The Disaster Risk Management Bill (Senate Bills No. 14 of 2021).
6. The County Boundaries Bill (Senate Bills No.20 of 2021).

The Bills will be scheduled for First Reading and will thereafter be referred to the respective committees as follows:

1. The Health (Amendment) Bill (Senate Bill No.26 of 2020) will stand committed to the Departmental Committee on Health.
2. The Investment Promotion (Amendment) Bill (Senate Bills No.2 of 2021) will stand committed to the Departmental Committee on Trade, Industry and Cooperatives.
3. The Office of the County Printer Bill (Senate Bills No.13 of 2021) will stand committed to the Departmental Committee on Administration and National Security.
4. The County Boundaries Bill (Senate Bill No.20 of 2021) will stand committed to the Departmental Committee on Justice and Legal Affairs.
5. The Disaster Risk Management Bill (Senate Bill No.14 of 2021) will stand committed to the Departmental Committee on Administration and National Security. 

The reports of the committees shall assist in guiding the House with respect to the next stages and prioritization of the Bills. 

Appointment to the Equalization Fund Advisory Board

The House was informed of a Message from the National Executive relating to a request for nomination of a person for appointment to the Equalization Fund Advisory Board. This is in accordance with the requirements of the Public Finance Management (Equalization Fund Administration) Regulations, 2021.

The Message was referred to the Departmental Committee on Finance and National Planning for consideration. The Committee will be required to convert itself into a selection panel and undertake an exercise to competitively recruit and interview suitable candidates and thereafter submit its report on the successful nominee to the House within set timelines for consideration by the House for nomination to the Cabinet Secretary.

PETITIONS

The House was informed of the following Petitions.

• Petition on restoration of land belonging to Mrs. Teresia Wambui Kesi presented by the Hon. Owen Baya, MP (Kilifi North) on behalf of the family of Mrs. Teresia Wambui Kesi.
• Petition on the interferences in the matter of revival of the United Insurance Company presented by the Hon. Muriuki Njagagua, MP (Mbeere) on behalf of concerned shareholders, policyholders and employees of United Insurance Company Limited (under statutory management).

MOTIONS

Appointment to the Ethics and Anti-Corruption Commission

The House considered the findings of the Departmental Committee on Justice and Legal Affairs in its Report on its consideration of Nominees for Appointment as Members of the Ethics and Anti-Corruption Commission (EACC), laid on the Table of the House on Tuesday, November 9, 2021 and approved the appointment of Col. (Rtd) Alfred Mtuweta Mshimba and Dr. Monica Wanjiru Muiru as Members of the Ethics and Anti-Corruption Commission.

Appointment to the Privatization Commission

The House considered the findings of the Departmental Committee on Finance and National Planning in its Report on its consideration of Nominees for Appointment as Members of the Privatization Commission, laid on the Table of the House on Tuesday, November 9, 2021, and approved the appointment of the following persons to the Privatization Commission –

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

Appointment to the Competition Authority

The House considered the findings of the Departmental Committee on Finance and National Planning in its Report on its consideration of Nominees for Appointment as Members of the Competition Authority, laid on the Table of the House on Tuesday, November 9, 2021, and approved the appointment of the following persons to the Competition Authority –

• Ms. Lena Munuve – Member;
• Ms. Alome K. Achayo – Member;
• Dr. David Wanyonyi Wanyama – Member; and
• Mr. Abdi A. Mohamed – Member.

The Breast Milk Substitutes Regulations, 2021

The House considered Report of the Committee on Delegated Legislation on its consideration of the Breast Milk Substitutes (Regulations and Controls) (General) Regulations, 2021, laid on the Table of the House on Wednesday, November 10, 2021, and approved the Breast Milk Substitutes (Regulations and Controls) (General) Regulations, 2021 published as Legal Notice No. 184 of 2021 with amendments to Regulations 1, 2 and 27(1).

Inquiry into Complaints of Environmental Pollution by London Distillers Kenya Limited

The House was given notice to adopt the Report of the Select Committee on Implementation on its consideration of the Implementation Status of the Report of the Departmental Committee on Environment and Natural Resources on an inquiry into complaints of environmental pollution by London Distillers Kenya Limited, laid on the Table of the House on Thursday, September 30, 2021.

BILLS

First Reading

The following Bills underwent First Reading:

• The Election Campaign Financing (Amendment) Bill (National Assembly Bill No. 37 of 2021) by the Chairperson, Constitutional Implementation Oversight Committee.
• The Elections (Amendment) Bill (National Assembly Bill No. 41 Of 2021) by the Chairperson, Constitutional Implementation Oversight Committee.
• The Petroleum Products’ (Taxes and Levies) (Amendment) Bill (National Assembly Bill No. 42 of 2021 by the Chairperson, Departmental Committee on Finance and National Planning.
• The Advocates (Amendment) Bill (National Assembly Bill No. 43 of 2021) by the Chairperson, Departmental Committee on Justice and Legal Affairs.
• The Health (Amendment) Bill (Senate Bill No. 26 of 2020) by the Chairperson, Departmental Committee on Health.
• The Investment Promotion (Amendment) Bill (Senate Bill No. 2 of 2021) by the Chairperson, Departmental Committee on Trade, Industry and Cooperatives.
• The Office of the County Printer Bill (Senate Bill No. 13 of 2021) by the Chairperson, Departmental Committee on Administration and National Security.
• The Disaster Risk Management Bill (Senate Bill No. 14 of 2021) by the Chairperson, Departmental Committee on Administration and National Security.
• The County Boundaries Bill (Senate Bill No. 20 of 2021) the Chairperson, Departmental Committee on Justice and Legal Affairs.

Second Reading

The following Bills came up for Second Reading:

• The Kenya National Commission on Human Rights (Amendment) Bill (National Assembly Bill No. 1 of 2020) by the Chairperson, Constitutional Implementation Oversight Committee.
• The Employment (Amendment)(No.2) Bill (National Assembly Bill No. 79 of 2019) by the Hon. Gideon Keter, M.P.
• The Pensions (Amendment) Bill (National Assembly Bill No. 26 of 2020) by the Hon. Didmus Barasa, M.P.

Committee of the Whole House

• The Waqf Bill (National Assembly Bill No. 73 of 2019) by the Leader of the Majority Party.

Third Reading

• The Sugar Bill (National Assembly Bill No. 68 of 2019) by the Hon. Wafula Wamunyinyi, M.P.). The House agreed with the Report of the Committee of the Whole House on its consideration of the Bill. As such, the Bill was accordingly read the third time and passed.

STATEMENTS

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

• Hon. (Ms.) Florence C.K. Bore (Kericho CWR, JP) asked the Cabinet Secretary for Lands and Physical Planning on the ownership status and the total acreage of land occupied by the Bomas of Kenya Limited in Lang’ata Constituency, Nairobi County. The Question will be replied to before the Departmental Committee on Lands.
• Hon. James Gichuhi (Tetu, JP) asked the Cabinet Secretary for Trade, Industry and Cooperatives on the regulation and certification of animal feeds and drugs. The Question will be replied to before the Departmental Committee on Trade, Industry and Cooperatives.
• The Member for Kiambaa (Hon. John Njuguna, MP) asked the Cabinet Secretary for the National Treasury and Planning to provide details on ownership and value of transactions of all Paybills and Paybill Numbers registered by Safaricom, Airtel and Telkom Kenya used in betting and gaming activities by major vernacular radio stations and more particularly by Inooro FM, Kameme FM and Gukena FM. The Question will be replied to before the Departmental Committee on Finance and National Planning.
• The Member for Kisumu West (Hon. Olago Aluoch, MP) asked the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development & Public Works to explain why Kenya Airports Authority does not have its own dedicated Search-and-Rescue boats at Kisumu International Airport for utilization in case of emergency plane air crashes into Lake Victoria. The Question will be replied to before the Departmental Committee on Transport, Public Works and Housing.
• The Member for Kaloleni (Hon. Paul Katana, MP) asked the Cabinet Secretary for Education on the mechanisms that the Ministry has put in place to establish the root causes of incidents of arson occurring in public secondary schools.  The Question will be replied to before the Departmental Committee on Education and Research.
• The Member for Endebess (Hon. (Dr.) Robert Pukose, MP) asked the Cabinet Secretary for Environment and Forestry to explain the circumstances that led to the stoppage of the Community Forest Associations that undertook the Shamba System commonly referred as Taungya System in various forest establishments in the country. The Question will be replied to before the Departmental Committee on Environment and Natural Resources.
• The Member for Alego Usonga (Hon. Samuel Atandi, MP) asked the Cabinet Secretary for Energy to explain the criteria employed by the management of Kenya Power to engage WPP Scanad Plc, which is a multinational firm, in its operations as outlined in the Report of the Auditor General on the Kenya Power & Lighting Company Plc for the year ended 30th June 2020 contrary to Section 103(1) of the Public Procurement and Asset Disposal Act, 2015. The Question will be replied to before the Departmental Committee on Energy.
• The Member for Embakasi East (Hon. Babu Owino, MP) asked the Cabinet Secretary for Health to explain the rationale behind the decision to send the entire Kenya Medical Supplies Authority (KEMSA) workforce under the pretext of working from home to undertake investigations concerning the alleged KEMSA Scandal relating to Covid-19 supplies, with over 80% of the affected personnel residing in Embakasi East. The Question will be replied to before the Departmental Committee on Health.
• Hon. Aden Duale, MP (Garissa Township), requested for a Statement from the Departmental Committee on Finance and National Planning on the status of drought management funds for the FY 2021/2022 and the deteriorating drought situation in Northern Kenya.
• Hon. Wilson Sossion, MP (Nominated) requested for a Statement from the Departmental Committee on Education and Research on Schools unrest in the country
• The Departmental Committee on Sports, Culture and Tourism responded to the Statement on the measures to revive the Tourism Sector in the country during the COVID-19 pandemic period
• The Departmental Committee Administration and National Security responded to the Statement on the Lake Victoria Boat Tragedy and the mysterious disappearance and murder of two young men in Runyenjes Constituency

SENATE

PAPERS LAID

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

• Commission on Revenue Allocation Recommendation on the equitable sharing of nationally raised revenue between the National and County Governments for the financial year 2022/2023.
• Report of the Standing Committee on Tourism, Trade and Industrialization on the Start-up Bill (Senate Bills No. 1 of 2021).
• Various reports of the Auditor General on the Financial Statements of various institutions for the year ended 30th June 2019.

COMMUNICATIONS FROM THE CHAIR

7th Annual Devolution Conference

The House was informed that the 7th Annual Devolution Conference, had been scheduled to take place from 23rd August to 26th August, 2021 in Wote, Makueni County. The conference was however postponed following a Presidential directive issued on 18th August 2021 vide a Public Order No. 5 of 2021 suspending all public gatherings and in person meetings as a measure to mitigate against the spread of the pandemic.

Following consultations between the national executive and the council of governors, the Senate and other devolution players, the Devolution Steering Committee at its meeting held on 18th October 2021 resolved that the 7th Annual Devolution Conference be held from the 23rd to 26th November, 2021 at Makueni Boys high school in Wote Makueni County. The theme of the conference is Multi-Level Governance of Climate Action and the sub theme is Sub-National Mobilization in Unlocking the Full Potential of Climate Action.

PETITIONS

• Sen. Abshiro Halake, MP notified the House on the Petition by Members of various Civil Society Organizations and Official Representatives of various Political Parties affiliated to the Centre for Multi-Party Democracy concerning a Note Verbale to all Diplomatic Missions and International Organizations issued by the Ministry of Foreign Affairs.
• Report of the Standing Committee on Devolution and Intergovernmental Relations on a Petition to the Senate by Residents of Wajir County concerning governance malpractices in Wajir County Government was laid at the table of the House.

MOTIONS

Inquiry into Extrajudicial Killings and Enforced Disappearances in Kenya

The House was given notice to adopt the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on the Inquiry into Extrajudicial Killings and Enforced Disappearances in Kenya laid on the Table of the Senate on Tuesday, 19th October, 2021.

Alteration of the Senate Calendar for the Fifth Session

The House resolved to further alter its Calendar (Regular Sessions) for the Fifth Session, 2021, in respect of Part VI, to adjourn the Senate on 18th November, 2021 and resume its regular sittings on Tuesday, 30th November, 2021.  This was notwithstanding the Resolutions of the Senate made on 16th February, 2021 (approval of the Senate Calendar), 24th March, 2021, 30th March, 2021 and 25th May, 2021, (alteration of the Senate Calendar). The alteration was in order to allow the Senators to prepare and participate in the 7th Annual Devolution conference.

Delays in the Appointment of Judges of the High Court and the Court of Appeal

The House adopted the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on a statement sought by Sen. Mutula Kilonzo Jr. MP, regarding delays in the appointment of Judges of the High Court and the Court of Appeal laid on the Table of the Senate on Tuesday, 19th October, 2021.

STATEMENTS

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

• Nominated Senator (Sen. Falhada Iman, MP) sought a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the state of security in Northern and North Eastern counties.
• The Senator for Nandi County (Sen. Samson Cherarkey, MP) sought a statement from the Standing Committee on Roads and Transportation on the management of road projects by the Kenya Urban Roads Authority (KURA).
• The Senator for Taita Taveta County (Sen. Johnes Mwaruma, MP) sought a statement from the Standing Committee on Finance and Budget regarding the status of donor and Government funded projects and programs in Taita Taveta County for the financial years 2017/2018 to 2020/2021.
• The Senator for Machakos County (Sen. Agnes Muthama, MP) sought a statement from the Standing Committee on Finance and Budget regarding the implementation of the provisions of the Kenya Deposit Insurance Act, 2012.
• Nominated Senator (Sen. Naomi Shiyonga, MP) sought a statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the failure by the National Government to operationalize various Acts to ensure that counties and host communities benefit from the proceeds emanating from mining, energy and petroleum resources.
• The Senator for Kilifi County (Sen. Stewart Madzayo, MP) sought a statement from the Standing Committee on National Security, Defence and Foreign Relations regarding Kenya’s status of compliance to the African Union (AU) legal instruments and policy frameworks.
• The Senator for Nandi County (Sen. Cherarkey Samson, MP) sought a statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding a public apology by the United Kingdom to the Talai Community of Kenya and compensation for the violation of the rights of the Community as ordered by the United Nations Human Rights Council.
• The Senator for Kericho County (Sen. Aaron Cheruiyot, MP) sought a statement from the Standing Committee on Lands, Environment and Natural Resources on the status of titling of Government Learning Institutions.
• Nominated Senator (Sen. (Dr) Getrude Musuruve, MP) sought a statement from the Standing Committee on Energy regarding the status of provision of electricity connection in the counties.
• The Senator for Kericho County (Sen. Aaron Cheruiyot, MP) Sen. Aaron Chruiyot sought a statement from the Standing Committee on Lands Environment and National Resources regarding Land transactions by multinationals without the involvement of national or county governments.
• Nominated Senator (Sen. Millicent Omanga, MP) sought a statement from the Standing Committee on Land, Environment and Natural Resources concerning the alleged irregular ownership and use of land No. LR 336/64, originally land No. LR 336/12 in Baba dogo, Nairobi City County.
• Nominated (Sen. Rose Nyamunga, MP) Rose Nyamunga made a statement on the need to classify patients suffering from sickle cell disease as persons with disability.