June 18, 2021 - 5 minutes read

18th June 2021 Parliamentary Round Up

By Acha Ouma
NATIONAL ASSEMBLY

MOTIONS

Consideration of the budget estimates for the financial year 2021/2022(General debate-3rd and final day)-Hon. Kanini Kega

Report of the Auditor General on the Financial Statements of the National Government for the financial year 2017/2018-Hon. Opiyo Wandayi

Implementation status on petition regarding working conditions at Kwale Internbational Sugar Company-Hon. Moitalel Ole Kenta

BILLS

FIRST READING

The Trustees(Perpetual Succession)(Amendment) Bill(NA Bills No. 23 of 2021)-Hon. Gladys Wanga

The Perpetuities and Accumulations(Amendment)Bill (NA Bills No.24 of 2021)- Hon. Gladys Wanga

The Certified Managers Bill(NA Bills No.26 of 2021)-Hon. Gladys Wanga

SECOND READING

County Allocation of Revenue Bill (Senate Bill No. 30 of 2021)-Hon. Kanini Kega

COMMITTEE OF THE WHOLE HOUSE

County Allocation of Revenue Bill(Senate Bill No.30 of 2021)-Hon. Kanini Kega

The Public Private Partnerships Bill(NA Bill No.6 of 2021)-Hon. Amos Kimunya

PAPERS LAID

  • A list of nominees to the NGCDF committees.
  • Reports of the Auditor-General and financial statements of the management and supervision fund for Trade for the years ended 30th June 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020 and the certificates therein.
  • Report of the Auditor-General and financial statements of the Mwea Irrigation Development Project for the year ended 30th of June 2020 and the certificate therein.
  • The report of the Auditor-General and financial statements in respect of the following institutions for the year ended 30th June 2020 and the certificates therein;
  1. State Department for NGAAF
  2. State Department for Uwezo fund oversight board.
  3. Youth Enterprise Development Fund
  4. State department for Crop Development 
  5. Agricultural Information Resource Centre
  6. Strategic Food Reserve Trust Fund
  7. State Department for Livestock
  • Report of the Budget and Appropriations Committee on its consideration of the County Allocation of Revenue Bill 2021.
  • Reports and resolutions adopted at the third meeting of the fourth session of the East African Legislative Assembly which include:
  1. Report of the Committee on Legal Rules and Privileges on the oversight activity of capacity-building.
  2. Committee on general purpose on oversight activity to assess the impact of Covid-19 pandemic on women in cross border trade in the EAC region. 
  • Resolution of the assembly paying tribute to His Excellency Dr John Pombe Magufuli, the late President of the United Republic of Tanzania. 
  • Documents from the National Treasury accompanying the budget statement for financial year 2021/2022:
  1. Budget Statement for the FY 2021/2022
  2. Budget Policy Statement for 2021
  • Estimates of revenue grants and loans for FY 2021/2022 budget.
  • Financial statement for FY 2021/2022 budget.
  1. Medium-term debt management strategy for 2021
  2. Budget highlights (the mwananchi guide) for the FY 2021/2022 budget.
  • The statistical annex to the budget statement for the FY 2021/2022.

PETITION TO REPEAL SECTION 22(1) OF THE ELECTIONS ACT

The Speaker reported to the House that he has received a petition from Mr Anthony Manyara and John Wangai asking that the National Assembly repeal Section 22 (1) of the Elections Act 2011.

He clarified that Section 22 paragraph (b) of Subsection 1 of the said Act provides “a person may be nominated as a candidate for an election under this Act only if that person, 

(i) in the case of an MP is a holder of a degree from a university recognized in Kenya,

(ii) or in the case of an MCA, a degree from a university recognized in Kenya. 

The cited provisions are to come into force and apply to qualifications for candidates in the general elections to be held after the 2017 general elections being August 2022 general elections. The petitioners argued that Section 22(i)(b) is unconstitutional to the extent that it is discriminatory, inconsistent with the Constitutional preserves in the Bill of Rights and against the will and sovereignty of the people who constitutionally are the ones to elect their representatives irrespective of academic credentials. 

The petitioners further argued that since the Covid-19 pandemic disrupted the academic calendar, some sitting and aspiring candidates who do not meet the academic requirements may be disadvantaged as they may not have completed the pursuit of their degrees within the projected time period of less than two years to the next elections.In addition, the petitioners claim that the university degree requirement will make political leadership a preserve of the elite and will disenfranchise a number of good leaders who may not have been privileged to pursue higher education.  

The petitioners prayed that the House deletes Section 22(1)(b) of the Elections Act in its entirety so as to provide a fair playground to all candidates seeking elective positions regardless of their educational backgrounds. 

James Muriithi Ndwiga also petitioned the National Assembly proposing that the National Sen. Atandi was of the view that the crisis in Kenya is not lack of academic papers but about lack of integrity and there’s no evidence that if you have many papers that probably you have more integrity than the others.

Hon. Mbadi’s view was that the law be retained as is. He requested the committee not to ever give the petition a thought of proposing an amendment to the Statute Law.

QUESTIONS

Questions to the CS of Health by Senator Atandi

  • Could the CS explain why NHIF is yet to remit over Sh 3 million owed to St. Raphael Dispensary in Matisi Village in Saboti constituency as NHIF claims despite the facility having filed the claims correctly and on time which has caused the facility to shut down operations owing to its inability to pay salaries and procure medical supplies?
  • Could the CS explain the measures the govt has put in place to ensure NHIF funding is remitted to health facilities without unnecessary delays so as to protect health facilities from closure?
  • Could the CS provide the implementation status of the Linda Mama programme under NHIF since its commencement including the amounts spent and its impact so far?

Questions to CS for Agriculture, Livestock and Fisheries by Hon. John Walukwe

  • What incentives has the government provided to farmers to enable them to take advantage of opportunities for free market access created by countries such as South Korea for export of farm produce including green bananas and broccoli where the two crops are in high demand?
  • What steps has the Ministry taken to ensure that farmers throughout the country are able to access quality standardization under requirements for agricultural produce to access the export market?
  • Could the ministry consider undertaking survey and registration of all farmers whose produce is viable for the export market with a view to empowering and facilitating them accordingly?

Questions to the chair of the Education committee by Hon. Abdulswamad Shariff

  • Within which specific timelines is the TSC planning to submit its CBA proposals for teachers in order to renew the current CBA that is about to expire?
  • How many KNUT members have either not been promoted or have not received salary increments as per the existing CBA?

Questions to the CS for Education by Hon. Ronald Tonui

  • Could the CS explain why KNEC has not paid teachers who marked KCSE 2020 examination papers and when they will be paid?
  • Could the CS state the criteria used in determining the rates for paying invigilators, supervisors, examiners and center managers. The current rates and when the KNEC intends to revise the said rates?
  • Could the CS explain why the deputy center managers and teachers handling practicals during examinations are not considered for payment and could the ministry consider paying them?

Questions to the CS for Education by Hon. Godfrey Osotsi

  • Could the CS provide a list of all secondary schools, the capitation funds allocated for each for each school and the total student enrolment for each school for the FY 2019/2020 and 2020/2021?
  • What measures has the ministry put in place to ensure that secondary schools in Vihiga County which have continuously received less capitation funds in relation to the total student enrolment received the said fund?
  • What is the status of letters on capitation underfunding forwarded to the Ministry by various schools in Vihiga and when will the Ministry reconcile its records and remit all the funds not remitted to the affected schools?

Questions to the CS for Lands and Physical Planning by Hon. Gabriel Kago 

  • Could the CS consider facilitating the transfer of flat Ref No. 16217/87/6 to David Kariuki Kuria the buyer from Mr Michael Shaw, the seller following successful dismissal of a caveat on the land under civil suit No. 435 of 2006 filed at the High Court in Nairobi by using the certified copies of the proceedings in order to bring to close this unfortunate matter that has seen Mr Kuria suffer immensely as he is not able to utilize the land despite having fully paid for it in 2004?
  • What measures has the Ministry put in place to resolve such matters involving land in the country?

Question to the CS for Interior and National Coordination by Hon. John Kiarie

  • Could the CS provide the full information of the number of all Kenyan citizens who have registered for the Huduma Namba?
  • What measures has the ministry taken to ensure that all citizens who applied for this Huduma Namba can collect their cards at the stations where they applied for these cards and not from other far-flung stations where they’re being sent to collect these cards?

Questions to the CS for Interior by Hon. Beatrice Adagala

  • What measures has the ministry put in place to manage and control heavy vehicle traffic and accidents on highways in particular due to the many trailers and trucks on the road, across the country, during the day as a result of the curfew enforcement and in particular along the Msa-Nbi, Kakamega-Bungoma-Busia highways?
  • Could the CS explain the measures in place to address the challenges and effects resulting from the curfew hours that limit night commutation for travelers across the country and what are the mitigation measures carried out so far, if any?

Questions to the CS for Interior by Hon. Silas Tiren

  • Could the CS explain why the NTSA has laxed in its role of educating and creating awareness of motorcycle riders on the highway code so as to reduce the high number of accidents that account for over 30% of the patients in the emergency departments in hospitals?
  • Could the CS provide a status report on compliance and programmes that have been recently rolled out to implement the penalties stipulated in the law to persons contravening the Traffic Act?
  • What measures has the CS undertaken to restore sanity and end the culture of impunity in our roads including educating the masses on the Highway Code and strict adherence to it?

Questions to the CS for Transport by Hon. Ferdinand Wanyonyi

  • Could the CS provide an update on the progress of construction, to bitumen standards, of the Veterinary-Kwanza-Kolongolo-Bondeni-Chepchoina Road in Kwanza Constituency?
  • Are there plans by the Ministry to ensure that upgrading of the said road to bitumen standards commences soonest considering that the ongoing works were halted at Mile Kumi na Moja in Kwanza Constituency?
  • What measures are in place to ensure speedy completion of the said road to the required standard and when is this project expected to be completed?

RESUMPTION OF DEBATE ON THE MOTION ON CONSIDERATION OF THE BUDGET ESTIMATES FOR FT 2021/2022

Hon. Benard Masaka mentioned that there are many stalled projects which the government has put in money countrywide. These stalled projects include Mitihani house where the government is pumping in money and is 35 years old. He continued to say that pending bills are still an issue. The President has given a directive on the same. His view was that whenever the House makes the budget, they  make recommendations and the Treasury seems not to take the  recommendations seriously.

Hon. Amos Kimunya was of the view that Covid has opened a new whole thinking that if we don’t build back better, if we don’t invest in our health facilities, a global lockdown would mean that everyone would have to use the facilities they have.

He pointed out the issue of transparency in government saying that If China had become more transparent on the transmission of this disease upfront, if those doctors who went to say we have a new virus in Wuhan were not silenced, if this information had come out three weeks before, we would have saved probably 95% of casualties.

Hon. Amos Kimunya stated that to build back better we should not just start feeling that borrowing should be for capital projects. We should even borrow for all the Article 43 commitments that we have. Reviving a stagnant economy is more expensive than what should be done. The focus needs to be focused on the cost of that debt not on the amount of that debt.

COUNTY ALLOCATION OF REVENUE BILL (SENATE BILL NO. 30 OF 2021) 

Hon. Kanini Kega opened his motion by stating that the DORA 2021 gives a total allocation of sh370 billion as equitable share to county governments. The County Allocation of Revenue Bill has been based on the approved DORA of 2021.

The Bill proposes to share the allocation of Sh370 billion amongst the county governments for the FY 2021/2022 and it contains two schedules relating to the following:

  • The first schedule is the equitable share of the Ksh 370 billion allocation of each county government. Equitable  share of revenue raised nationally for the FY 2021/2022.
  • The second schedule is on the county allocation budget ceilings of recurrent expenditure in the FY 2021/2022.

The first schedule of the CARA 2021 provides for the horizontal distribution of the equitable share among the 47 counties using a formula approved by Parliament in Sept 2020 which is arrived at using one half of the equitable share allocated to counties in the FY 2019/2020 amounting to Ksh 158.25 billion and netting out from the equitable share of Sh 370 billion While the resulting balance of Ksh 211.75 billion is allocated among counties using the following formula or basis. Hon Kaninin Kega brought up the issue of the ceilings of recurrent budget remaining the same as in the financial year 2020/2021 and stated that the county govts might have a challenge in settling pending bills and have insufficient resources to meet statutory requirements and offer other services. 

He stated that considering the above observations the Senate made amendments to the recurrent expenditure ceilings on the county assembly and increased the ceiling from the proposed Sh33.25 billion to now Sh35.66 billion.

Hon. Pavel Oimeke stated that in consultation with the people of Bonchari and the relevant experts, he will develop a five-year economic development masterplan and also develop a five-year education master plan to improve and transform education in Bonchari. 

The National Assembly approved the second reading of the County Allocation of Revenue Bill, 2021 for procession to the Committee of the Whole House.

Hon. Kanini Kega moved that the County Allocation of Revenue Bill, 2021 be read a third time and asked Majority Leader Amos Kimunya to second him.

COMMITTEE OF SUPPLY (2ND ALLOTTED DAY) ESTIMATES OF RECURRENT AND DEVELOPMENT EXPENDITURE FOR THE YEAR ENDING 30TH JUNE 2022. 

Hon. Aden Duale stated that on the vote of Sh23 billion of the National Assembly, since the advent of bicameral Parliament, the two houses are not at the same level, a house of 349 against a house of 67 both in terms of committees, and in terms of everything.In his view the budget needs to be through a pro rata so that the unit cost of a member of Parliament is known so that the money (Sh35+ billions) must be shared on equity and that is a principle found in the Constitution.

Majority leader Hon. Amos Kimunya laid down the report of the Auditor-General and financial statements of the mechanical and transport funds, state department for infrastructure for the year ended 30th June 2020 and the certificate therein.

The National Assembly is adjourned until Tuesday 22nd June 2021 at 2:30pm

SENATE

The Senate is still on recess until 18th June and will be sitting next week.

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