May 7, 2021 - 5 minutes read

7th May 2021 Parliamentary Round Up

By Acha Ouma
NATIONAL ASSEMBLY 

PAPERS LAID

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

  • The 2021-22 annex of revenue and expenditure for State Corporations for Government of Kenya for the Financial Year ending 30th June 2022 from the National Treasury.
  • Estimates of revenue grants and loans of the Government of Kenya for the year ending 30th June 2022 from the National Treasury.
  • Financial Statement for the National Government for the Fiscal Year 2021-2022 for the period of 1st of July to 30th June from the National Treasury.
  • Report to Parliament on all new loans contracted by Government from 1st Sep, 2020 to 31st March, 2021 from the National Treasury.
  • Report of the Departmental Committee of Finance National Planning on its consideration of Excise Duty Amendment Bill, 2020, the Public Finance Management Bill, National Assembly Bill No. 48 of 2019 and the Public Procurement and Asset Disposal Amendment Bill National Assembly Bill No. 20 of 2020.
  • Report of the Auditor General from the National Government of the Financial Year 2018-2019
  • The status of the economy Report from the National Treasury.
  • The 15th Annual Report for Anti-corruption and Economic Crimes cases for the period 1st January to 31st of December 2018 and 1st January 2019 to 31st December 2019 from the Director of Public Prosecution.
  • The Statutory 6 months preference and preservation report for the Public Procurement Regulatory Authority (PPRA)
  • The Annual Report and Financial Statement of the Competition Authority of Kenya for the Financial Year 2019-2020.
  • The National Government Constituencies Development Fund Report on projects, proposals, approvals, disbursements status and restrictions in post on constituency accounts in third quarter of financial year 2020-2021, covering the period 1st January 2021 to 31st March 2021. 

MESSAGE

Message from the Senate

The House was informed that the Senate considered and passed the Mung Beans Bill Sen. Bill No. 9 of 2020. Tuesday 13th April, 2021 with amendments and now seeks the concurrence of the House on the Amendments. The Standing Orders require that a Bill from the Senate be read a first time upon conveying the message.

It was directed that the First Reading of the Bill be referred to the Budgets and Appropriations Office to offer the Speaker advise and thereafter the Speaker shall guide the House and the Departmental Committee on Agriculture on how to proceed with the consideration of the Bill.

MOTIONS

Alteration of the Calendar

The House approved the alteration of the Calendar of the House and resolved:  

  1. That, the Sittings of the House for First Part of the Session terminate on Thursday, 13th May, 2021 (instead of 6th May, 2021);
  2. that, the Sittings of the House for the Second Week of May, 2021 accord with the resolution of the House of February 10, 2021 with respect to the Sitting days and times and prioritization of business; and
  3. that, the House proceeds for its recess from Friday, 14th May, 2021 (instead of 7th May, 2021) to accord Committees time to consider Estimates of Revenue and Expenditure for the National Government, Judiciary and Parliament for the Financial Year 2021/2022 and resumes on Tuesday, 8th June, 2021 to commence the Second Part of the Session.

Appointment

  • The House approved the Appointment of Professor Fatuma N. Chege PHD for the position of Principal Secretary State Department for Implementation of Curriculum Reforms.
  • The House approved the appointment of Mr. Michael Rotich Sialai, CBS as Clerk of the National Assembly on contractual terms with effect from 26th May, 2021 and ending on 31st July, 2022; and called upon the Commission to commence the process of recruiting a new Clerk of the National Assembly not later than February, 2022 so as to ensure a smooth and seamless transition.

BILLS

Bills that came up for First Reading

  1.  The Foreign Service Bill (National Assembly Bill No. 8 of 2021) by the Chairperson, Departmental Committee on Defence and Foreign Relations. The Bill seeks to provide for the establishment, management, administration, accountability and functioning of a professional foreign service of the Republic of Kenya.  
  2. The Mung Beans Bill (Senate Bills No. 09 of 2020) – The principle object of the Bill is to provide for the development, regulation and promotion of the mung bean sector in Kenya.

The Constitution of Kenya (Amendment) Bill, 2020.

The Bill was coming up for Second Reading.

The main objective of the Bill is to amend the Constitution by popular initiative. It seeks to address issues arising from implementation of the Constitution of Kenya, 2010. In particular, to resolve issues of divisive elections and promote gender equity in governance, strengthen the structure of devolution and increase resource allocation to the counties, broaden mechanisms of all the people of Kenya to benefit from economic growth, harmonize certain roles and functions of the bicameral legislature, fortify national ethos by specifying the responsibilities of citizens and strengthen accountability on public resourced and the fight against corruption.

Members of the House considered the Bill and voted for its passage of the Second Reading Stage. The Bill was accordingly read the second time and Committed to the committee of the Whole House which considered the Bill and approved the same without amendments.

The Bill was accordingly read the third time and passed. 

STATEMENTS

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

  1.   The Member for Lamu County (Hon. Ruweida Obo, MP) asked the Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development to provide details on the process followed by the Government with respect to the tender and award of the contract for the construction of the Lamu Port – South Sudan – Ethiopia – Transport (LAPSSET) Corridor project in Lamu County, including the international and national procurement procedures followed in the entire process and provide a list of all firms and individuals who were prequalified or who tendered for LAPSSET Project
  2. The Member for Sirisia (Hon. Maj. (Rtd) John Waluke, MP) asked the Cabinet Secretary for Energy on whether he is aware that Total Kenya recalled a batch of liquefied Petroleum Gas (LPG) hosepipes, namely Batch No. SCG/BS 3212:1991/1, LOW PRESSURE LPG/8MN/MFD: 03/2020/EXP: 03-2025 that were sold in its outlets throughout the country from 12th June 2020 over safety concerns and the steps  the Ministry and Total Kenya PLC took to ensure that all users of the petroleum gas were notified in all parts of the country, in particular persons and households who bought the said hosepipes, and the compensation they will give to affected consumers. 
  3. The Nominated Member (Hon. Gideon Keter, MP) asked the Cabinet Secretary for Industry, Trade and Cooperatives whether he could explain the measures that have been taken by the Kenya Bureau of Standards (KEBS) to ensure that used motor vehicle parts such as vehicle air-bags, steering assembles, braking systems and others imported into the country for re-use as spare parts are of sound quality and approved standards. 
  4. The Member for Mumias East (Hon. Benjamin Washiali, MP) asked the Cabinet Secretary for Petroleum and Mining whether he could explain the cause of the constant increase in the price of petroleum products in the Country.
  5. The Nominated Member (Hon. Godfrey Osotsi, MP) asked the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works whether there have been any investigations by the Ministry to establish whether firms, directly or indirectly associated with employees of Kenya Rural Roads Authority (KeRRA) and Kenya National Highways Authority (KeNHA) have been engaging in financial and procurement malpractices contrary to the provisions of the Public Procurement and Assets Disposal Act, 2015, the Proceeds of Crime and Anti-Money Laundering Act, 2009 and the Leadership and Integrity Act, 2012.
  6. The Member for Uriri (Hon. Mark Nyamita, MP) asked the Cabinet Secretary for Education whether he could explain why there have been perennial delays in the disbursement of Free Secondary Education (FSE) Funds by the Ministry to public learning institutions in the country. 
  7. The Member for South Imenti (Hon. Kathuri Murungi, MP) asked the Cabinet Secretary for Energy to explain why electricity bills have skyrocketed due to various additional taxes and levies that are hard for our Kenyan citizens to comprehend.

Business for the Coming Week.

The House will be considering the following Bills in the coming week:

  • The Public Fundraising Appeals Bill, 2019
  • The Kenya National Library Service Bill of 2019
  • The Narcotics Drugs and Psychotropic Control Amendment Bill, 2020
  • The Waqf Bill, 2019
  • The Social Assistance Repeal Bill of 2020

Below are some of the Committee Reports and activities scheduled for consideration.  

  • Report of the Finance and National Planning Committee on inspection visit to the KRA Offices to ascertain the impact of revenue enhancement initiatives on revenue collection
  • The House is in receipt of the Budget Estimates for the Financial Year 2021-2022.  The Budget and Appropriations Committee to fast track the consideration of the estimates.
  • The Departmental Committee on Finance and National Planning will deliberate on a question by Hon. Godfrey Osotsi, relating to the declining National Revenue Performance and other issues related to the management of Kenya Revenue Authority.   
SENATE

COMMUNICATION FROM THE CHAIR

Special Sitting

The House held a Special sitting to deliberate on the following:

  • Consideration of the Constitution of Kenya (Amendment) Bill, 2020.
  • Introduction of the County Allocation of Revenue Bill, 2021.
  • Hearing of charges against Hon. (Amb.) Mohamed Abdi Mohamud, the Governor of Wajir County.
  • A Joint Sitting of Parliament for an Address by the visiting Head of State being, Her Excellency Samia Suluhu Hassan, the President of the United Republic of Tanzania.

The House will consider the business specified, after which the Senate shall stand adjourned until Tuesday, 11th May, 2021, at 10.00 am in accordance with the Senate Calendar.

BILLS

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

The Bill was coming up for First Reading. It was read for the first time and ordered to be referred to the Standing Committee on Finance and Budget.

The Bill seeks to allocate among the counties, the revenue allocated to the county level of government on the basis determined in accordance with the resolution in force under Article 217 of the Constitution.

The Constitution of Kenya (Amendment) Bill, 2020.

The Bill was coming up for Second Reading.

The main objective of the Bill is to amend the Constitution by popular initiative. It seeks to address issues arising from implementation of the Constitution of Kenya, 2010. In particular, to resolve issues of divisive elections and promote gender equity in governance, strengthen the structure of devolution and increase resource allocation to the counties, broaden mechanisms of all the people of Kenya to benefit from economic growth, harmonize certain roles and functions of the bicameral legislature, fortify national ethos by specifying the responsibilities of citizens and strengthen accountability on public resourced and the fight against corruption.

MOTIONS

Removal from Office, of Hon. Mohammed Abdi Mohamud, the Governor of Wajir County

The Wajir County Assembly approved a Motion for the removal from office by impeachment, of the Honourable Mohamed Abdi Mohamud, Governor of Wajir County pursuant to Article 181 of the Constitution and Section 33 of the County Governments Act, 2012, on Tuesday, 27th April, 2021. The County Assembly forwarded documents of the proceedings to the Senate as evidence.

The charges of the Governor include:

  • Gross violation of the Constitution of Kenya 2010, County Government Act, 2012, the Public Procurement and Disposal Act, 2015 and the Public Finance Management Act, 2012.
  • Failure to account for the financial resources allocated to County
  • Lack of accountability to the county Assembly
  • Misappropriation of resources through corrupt procurement processes
  • Abuse of office/Gross misconduct by allegedly, constantly reshuffling Chief Officers at the convenience of the governor’s wife, exercising nepotism, usurping the powers of the County Public Service Board by appointing persons to hold office and corruption malpractices.

The Senate resolved to proceed on the matter by way of establishment of a special committee to investigate the proposed removal from office by impeachment.  

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