National Assembly Hansard: Wednesday, 21st October, 2026 - Afternoon Sitting

Serjeants-at-Arms, ring the Quorum Bell. (The Quorum Bell was rung) Hon. Members, we now have a quorum to transact business. Clerks-at-the-Table, proceed.

Leader of the Majority Party, proceed.

Thank you. I beg to lay the following Papers on the Table:

Thank you, Hon. Waqo. Hold on, Hon. Haro. Call out the next Order.

Hon. Abdul Haro, is your microphone working? Use the next one. Push over your neighbour.

Hon. Speaker, pursuant to the provisions of Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the

Thank you. Your neighbour, Member for Tarbaj. You want to ride along or contradict?

Hon. Speaker, the area called Malbe lies between Mandera and Wajir counties. He is my neighbour from Mandera County and I am from Wajir County. As we know, district or county boundaries have not changed since Independence. But the dispute between the two communities from two different counties has been ongoing for a long time. I, therefore, agree with him that we need to determine exactly where Malbe is situated.

My colleague mentioned that the gazettement was done in 2012. It is only that operationalisation is happening now. But for the sake of calm and tranquillity, we will wait for different government agencies to determine where Malbe will be. For the sake of peace, Hon. Speaker, I request that the Committee or your office expedites resolution of this matter, so that for posterity's sake, no life is lost and there is no lacuna at all as to where this area is situated.

Because no one knows where this area is, many illegalities such as logging are happening there. We want to operationalise this administrative unit solely so that we can know who is responsible if anything happens there. It is on that basis that we are operationalising Malbe. But for now, we want to determine that once and for all. So, we want this issue expedited.

Yes, Member for Banissa. Are you also involved in that?

Yes, as a friend of both my colleagues and also, as a Member of Parliament from Mandera County, I want to joyride on this matter. Thank you, Hon. Speaker, for giving this opportunity.

Is the demarcation going to solve a problem or create new problems?

I believe demarcation will solve the problem because we will know whether Malbe is in Mandera or Wajir County. That will clear the ambiguity that exists.

Chairperson of the Departmental Committee on Administration and Internal Security. Hon. Naomi, inform the Chairperson to provide a response the week starting 3rd November 2026.

Hon. Speaker, I will do so because it is very sensitive. I will make sure the Chairperson gives the matter a lot of attention and brings a response.

Two weeks.

Yes, Two weeks.

Hon. Beatrice Kemei.

Hon. Speaker, pursuant to the provisions of Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding a Kenya Forest Service helicopter crash at Kericho Golf Club. On 12th October 2026, a Kenya Forest Service (KFS) helicopter crashed at the Kericho Golf Club while taking off. The crash exposed the lives of passengers who included the Principal Secretary for the State Department for Environment and Climate Change and the Kenya Forest Service Captain to risk. Of particular concern are reports that the helicopter experienced difficulties before the crash underscoring the need to establish the circumstances surrounding the accident and determine whether any underlying safety deficiencies contributed to it. This incident raises serious concerns about the safety of helicopter operations in the country, particularly, in light of several helicopter crashes reported in the recent past. The recurrence of such incidents calls for a broader examination of aircraft airworthiness, maintenance standards, pilot competency and regulatory oversight. Hon. Speaker, it is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Transport and Infrastructure on the following:

Thank you, Hon. Beatrice. Chairperson of the Departmental Committee on Transport and Infrastructure, Hon. GK, when can you bring a response?

Next week, but one, Hon. Speaker.

Bring it on 5th November 2026.

Thank you, Hon. Speaker

Responses to Statements: Is Hon. Susan Kiamba in the House? Is the Chairperson of the Departmental Committee on Housing, Urban Planning and Public Works in the House? (Hon. Joseph Tonui spoke off the record) Do you have a response to Hon. Susan Kiamba? Give him the microphone

Thank you, Hon. Speaker. We wrote to the State Department…

Do you have a response?

They promised to give…

Do you have a response?

I do not have the response. Hon. Speaker, it will be available in two weeks-time.

Two weeks?

Yes.

We have already been waiting for the last two weeks. Okay, bring it on 3rd November. Is Hon. Joshua Kandie in the House? Chairperson of the Departmental Committee on Transport and Infrastructure, do you have the response?

Yes.

Go ahead.

Hon. Speaker, the Member for Baringo Central, Hon. Joshua Kandie, requested for a Statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding the quality standards of road infrastructure projects implemented under public-private partnership (PPP) arrangements in the country.

In the Statement, Hon. Kandie sought to establish the following:

Thank you, Hon. GK. Hon. Kandie.

Thank you, Hon. Speaker. I am satisfied with the response.

Thank you. Hon. Omboko Milemba.

Thank you, Hon. Speaker, for this opportunity. Pursuant to Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Education regarding the multiple audits currently being conducted in public schools, particularly during the ongoing 2026 national examinations.

Public schools are currently being audited by three separate bodies, namely, the Ministry of Education at county, regional and national levels; the office of the Auditor-General at regional and national levels; and the Public Investments Committee on Governance and Education, which conducts on-site visits to schools. These parallel audits have placed undue pressure on principals and heads of institutions, particularly because the national examinations, including practical examinations, commenced on 19th October 2026 and are ongoing.

Guidelines issued by the Ministry of Education bar persons not involved in the examination process from accessing schools during this period in order to safeguard the integrity of examinations. The continued audit visits contravene these guidelines and distract heads of institutions, who also serve as examination centre managers at this critical time. While these audits serve an important accountability function, it is imperative that they be stayed and rescheduled to a later period.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Education on the following:

An avalanche not a hullabaloo.

Thank you for correcting me. There are too many audits and principals are spending so much time dealing with audits conducted by the Ministry at three levels. There are audits conducted by the office of the Auditor-General at two levels and those conducted by Parliamentary committees. The end result is that principals are too busy preparing for those audits instead of preparing for examinations, yet they are also the examination centre managers.

You have made your point. Hold on, Hon. Weytan. Let us finish with this one. Let us have one joyrider. Member for Gilgil, Hon. Wangari.

Thank you very much, Hon. Speaker, for giving me the opportunity to joyride on this request for Statement. I agree with Hon. Omboko Milemba only on the issue of timing. However, the issue of teachers’ accountability must not be lost.

Why do I say that? We have some rogue teachers who, when they are about to retire, take advantage of the promotion policy for teachers to ensure that they finish the school. By the time they leave, the school is in debt and has not paid its suppliers. The school then collapses. In my constituency, for example, a headteacher left one day school with a Ksh6 million debt. Schools are brought to their knees because of mismanagement.

The only issue I agree with is the multiple levels of audits, which is also a problem we have experienced with the National Government Constituencies Development Fund (NG- CDF). The NG-CDF is audited by the National Treasury, through internal audits and by the Auditor-General. At the end of the year, one fund is audited on six levels.

We must not lose sight of the issue of accountability. Teachers must also account for the funds they receive because most infrastructure is developed through the NG-CDF. This will ensure proper management of schools. However, I agree that audits should not be conducted during examination periods. Most importantly, a special audit should be conducted before a teacher retires.

Hon. Maungu, you are the Chairperson of the Committee. I will come to you later. Let us first hear from your colleagues. Hon. Wangwe.

Thank you, Hon. Speaker. The great Member for Emuhaya raised the issue of money. The Committee must deal with that allegation, so that the matter is addressed comprehensively. If possible, the Member should appear before the Committee and provide further information on the alleged payments.

Secondly, I request the Chairperson of the Departmental Committee on Education to consider the separation of the various Articles of the Constitution. What the Member is seeking...

(Hon. Raphael Wanjala consulted loudly with Hon. Catherine Omanyo)

Order, Hon. Raphael Wanjala. Disorder seems to follow you everywhere.

What the Member for Emuhaya is seeking is anchored in the Constitution. The office of the Auditor-General is provided for under a separate Article, and its mandate cannot be interfered with. Under Article 95, Parliament has the power to exercise oversight and bring before this House matters touching on finances, among others, for purposes of overseeing the Executive. In that regard, the Chairperson of the Departmental Committee on Education should be cautious, particularly in view of the Supreme Court ruling on Article 229(8) of the Constitution regarding timelines. Let him explain to the House how he intends to manage the issue of timelines.

Yes, Hon. Melly. That concern is directed to you. Let us first hear from Hon. Maungu.

Thank you, Hon. Speaker. Hon. Omboko Milemba’s sentiments relate to my Committee. As the Chairperson of the Public Investments

That is correct.

Every other day, including today, the Leader of the Majority Party tables reports on audited accounts of high schools. Therefore, we have a constitutional duty as the Parliamentary Committee responsible for public investments to examine the Auditor-General's reports. I want to make it clear that, for the first time, this House and my Committee, has been able to examine the Auditor-General's reports for the last five years for a number of C1 schools.

We began about two months ago. However, my Committee is cognisant of the fact that examinations are due to start. Therefore, we suspended our examination of audited accounts on 15th October 2026 until January, when we shall resume. Therefore, it is wrong for a Member to suggest that Parliament is insensitive to the examination period. My Committee suspended its examination of the reports until January, when we shall finally resume.

I wish to inform this House that examining these books is not a privilege. Kenyans have bestowed that constitutional duty upon this House. All public funds must be examined, and we must report to the people how those funds have been used. To my shock, the Auditor-General has flagged several issues, including a case where a school principal took a loan facility of Ksh65 million to put cabro tiles in the school. How would Kenyans have known about this were it not for the Auditor-General’s reports? The Auditor-General has also revealed that some school principals have invested school funds in the Nairobi Securities Exchange (NSE), contrary to the ethos of public finance management. How else would we have known about this were it not for the Auditor-General?

You have made your point.

Hon. Speaker, as I conclude, I want to ask my brother, who also happens to be the national Chairman of the Kenya Union of Post-Primary Education Teachers (KUPPET), to appreciate that it is good practice to audit teachers and accounting officers, so that we can establish whether there is value for money in what we do.

I submit.

Let us have Hon. Jared. Hon. Weytan, I know you have an issue separate from this one. I will give you an opportunity to prosecute it. Let us finish with this first.

Thank you very much, Hon. Speaker. I have listened keenly to what my brother, Hon. Omboko Milemba, raised. However, Article 95 of the Constitution gives Members of Parliament three distinct roles: oversight, legislation and representation.

Our oversight role does not stop. It is the prerogative of this House and its Members to ensure that public funds are used prudently. The Government gives secondary schools a lot of money in capitation. There is nothing wrong with this House seeking to know how that capitation is used. Even if the money is not capitation, but parents’ fees, it is still incumbent upon us, as their representatives, to know how that money is being used. I have a very big problem with several layers of oversight. Sometimes they become too many, and they are abused by certain authorities thereby making oversight meaningless. I wanted to raise this issue because it is interlinked with what we are discussing. Our constituency offices are currently experiencing a gridlock in their operations. All our managers are unable to transact because they are required to be registered as directors to be invoiced through the Kenya Revenue Authority (KRA) eTIMS system. This makes their work very difficult. If they have to hire a taxi from point A to point B or even use a matatu, they are required to produce invoices generated through the KRA eTIMS system. If they have to organise a meeting in their

Thank you. Hon. Melly, when will you bring a response? As you do so, we must make it very clear that accountability for the use of public resources is not optional. It is constitutional, fundamental and universal. Once you are given public resources, you must account for them. Therefore, your response to Hon. Omboko Milemba’s Statement request should be limited to the allegations of multiple layers of audits and intrusive behaviour, especially when schools are conducting examinations. Lastly, you must pay attention to the fact that this House does not audit. The Auditor-General is our servant. She audits and brings reports to us, which we then deal with. That is how we examine expenditure, any queries raised, and so on and so forth. Do you want to make a comment?

Thank you, Hon. Speaker. First and foremost, allow me to weigh in on this issue. Accountability is not optional. It is a must as it is part of the constitutional provisions. Accountability is required of every public officer.

It is also part of common sense.

Yes. The law requires every citizen who holds public office in this country, including Members of Parliament, to be accountable. The issue raised by Hon. Wangwe is a constitutional matter that the Supreme Court dealt with, especially regarding the timelines between October and 1st December. I will communicate with the Ministry so that I can bring an informed statement that will, more importantly, guide the deliberations of this House in the future. However, I want to point out that the issues raised are administrative, especially that of multiple audits. This is not only happening in the education sector, but is also scattered across many other Government sectors. I hope when I bring the response to this House, we will address the issue comprehensively.

Hon. Wangari, who spoke earlier, raised a similar concern regarding the NG-CDF, where we have the same issues. Even in Government agencies, we have a number of audit- related issues. Committees of the House do not audit. We only deal with audit reports. If we are to address this issue properly, we need to go back to the relevant Government agencies. I will bring the response in two weeks’ time.

As you do so, you should also pay attention to one issue that members of the public keep writing to me about. You have domiciled junior secondary schools (JSS) in primary schools. and you are sending capitation money to those schools. Those primary schools do not have bookkeepers or accountants, and they do not have the capacity to handle public resources. As a Committee, you need to engage that the Ministry finds ways and means of domiciling management officers in those schools, even if it means recruiting certificate holders from Technical Vocational Educational and Training (TVET) institutions and polytechnics. Primary school head teachers have never interacted with accounting yet you send capitation money to those schools. Eventually, you may find that the money has not been put to proper use not necessarily because it has been stolen, but because it has been misapplied due to a lack of knowledge. You need to deal with that as well. When will you bring a response?

Hon. Speaker, the issue of accountability for JSS funds in primary schools was raised extensively during our public participation.

Is it on the Bills you are dealing with?

Yes. In fact, the proposal raised by teachers and members of the public was the need to employ accountants or bursars because some schools receive funds to the tune of Ksh5 million or Ksh10 million, yet they only have a head teacher and deputy head teacher. The accounting records are not there yet they are supposed to account for every cent and appropriately apply the funds across the primary and junior secondary school levels. That is something which will be dealt with substantially in the Bills that we are processing through the House.

Very good. Thank you. When will you bring a response?

In two weeks' time.

Two weeks' time, immediately after the short recess. Hon. Weytan.

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44(2)(c), I requested for a Statement from the Chairperson of the Departmental Committee on Lands regarding the reservation of land parcel No.LR 33285 for the Ministry of Defence in Mandera East Constituency. I requested for this Statement on 4th March 2026. Almost six months down the line, no response has been presented. I understand that construction of the same project is now in progress. The land measures over 12,072 acres.

Order, Hon. Weytan. All you are asking is when you will get a response to your Statement. Once the response comes, you can interrogate it in the manner you are doing. We have no response before us. Is the Chairperson of the Departmental Committee on Lands, Hon. Nyamoko, in the House? Is there any Member of the Departmental Committee on Lands? Hon. Naomi, can you motion the Chairperson of the Departmental Committee on Lands to bring a response to Hon. Weytan tomorrow afternoon?

I will do so.

It is unacceptable for a Member to wait for a response from March to October?

It is not good, and I will make sure that he gets his response by tomorrow.

Hon. Weytan, you can be here to interrogate the response tomorrow afternoon. Yes, Hon. Oundo.

Hon (Dr) Ojiambo Oundo (Funyula, ODM): Thank you for this opportunity. The issue of failure or delay in responding to requests for Statements and Questions is becoming a serious concern.

Hon. Speaker, I remember that sometime in the middle of the year, you asked the Leader of the Majority Party to prepare a list of Questions and Statements pending a response. Indeed, they prepared and circulated the list and we were given an assurance that they would be dealt with as soon as possible to clear the backlog. For example, I requested for a Statement in November last year. Up to now, it has not been responded to. I just want to beseech you...

What were you asking for?

It was about an attack by a Chinese foreigner on a Kenyan at a factory in Eldoret, which was referred to the Departmental

Hon. Naomi, can you do that?

Hon. Speaker, I will do that because I know our long recess will come after one month and we have to finish all the pending work. I will make sure that we do that.

Member for Butula, Hon. Oyula, are you also complaining about delayed responses?

Yes Hon. Speaker. I submitted my Question to the Ministry of Health in June, but up to now, I have not received a response.

Hon. Naomi, the pile continues to grow. Can you also take care of that one?

I will take care of it, Hon. Speaker, but I encourage all the chairpersons to be present when we are discussing serious matters so that they can also take responsibility.

Hon. Martha Wangari, sometime you help me in chairing the Liaison Committee. Do you discuss these matters?

Hon. Speaker, we do. We actually circulate the information to Members every day.

When is your next Liaison Committee meeting?

The week after next, on Tuesday.

Ensure that you extract a list of all pending responses from your chairpersons, furnish it to me and provide an explanation for the delays. We must ensure that we do not go for the long Christmas recess with pending responses to Statement requests.

I agree, Hon. Speaker. We will do so.

Thank you. Next Order.

Hon. Naomi, are you ready with this?

Yes, Hon. Speaker. I beg to move the following Motion: THAT, the Senate amendments to the Public Audit (Amendment) Bill (National Assembly Bill No.4 of 2024) be now considered. Hon. Speaker, after serious consultations and looking at the proposed amendments, we have realised that they are not tenable. We, therefore, suggest that the amendments be rejected. I request Hon. Kimani Kuria to second.

Member for Molo.

Hon. Speaker, I would like to give a brief background on the Public Audit Bill sponsored by the Leader of the Majority Party. The Bill was processed in this House a few years ago. However, the matters relating to the Bill were contested in court in the matter of Transparency International (TI Kenya) vs the Attorney- General and Two Others, Petition No.388 of 2016, which declared Sections 4(2), 8, 12, 17(1), 18, 27, 40, 42 and 70 of the Public Audit Act, Cap 412B, unconstitutional.

This Bill concerns counties and, therefore, needed to be considered by both Houses. It is important to notify this House that the Bill necessitates consideration by both the National Assembly and the Senate. The Bill was introduced on 2nd February and passed on 11th March

Hon. Members, the Mover and seconder have indicated to the House that they recommend the rejection of the Senate amendments to the Bill. If the House is in agreement, I will propose the Question and, thereafter, if there are no contributions, put the Question, so that the matter can go straight to mediation, as is required by the Constitution.

(Hon. (Dr) John Mutunga Kanyuithia and Hon. (Dr) Ojiambo Oundo stood in the gangway) Members on their feet, take your seats. Dr Mutunga, tafuta kiti. Hon. Oundo, take your seat or freeze where you are. (Question proposed)

Put the Question!

Yes, Hon. Makali.

Thank you, Hon. Speaker. I have listened to the Chairperson of the Departmental Committee on Finance and National Planning. From his explanation, it appears that there are some clauses which the Committee agrees with as it disagrees with two others. I would, therefore, like to know whether the mediation process will consider only the two clauses which they do not agree with. Again, does it mean that once we reject the Motion, then mediation will consider all the clauses? That clarification is important.

At this stage of the Motion, even if you agree with something, you are not going to the Committee. Right?

Yes.

You will agree with them on the clauses you agree in the Committee of the whole House.

Hon. Speaker, now that we say we disagree, it is important that the mediation process be fast-tracked. From our many interactions with the Auditor-General, it is clear that the office is keen to see this Public Audit (Amendment) Bill enacted into law. I, therefore, request, Hon. Speaker, that the mediation process be fast-tracked.

So, do I put the Question?

Yes! (Question put and negatived) Next Order!

Dr. Mutunga, are you the one moving it? Go ahead.

Hon. Speaker, I rise to move that this House adopts the Report of the Committee on the...

Order! Start by saying, “I beg to move that the Pest Control Products Bill (National Assembly Bill No.48 of 2025) be now read a Second Time.” Thereafter, you can start your discourse.

Hon. Speaker, I rise to move that this House adopts...

No! I have just guided you. Say, “I beg to move that the Pest Control Products Bill (National Assembly Bill No.48 of 2025) be now read a Second Time.” Do you have the Order Paper?

I do.

Go ahead.

Hon. Speaker, I beg to move that the Pest Control Products Bill (National Assembly Bill No.48 of 2025) be now read a Second Time.

Excellent. You may now proceed with your arguments.

Hon. Speaker, the Pest Control Products Bill (National Assembly Bill No.48 of 2025) was sponsored by the Leader of the Majority Party. The Bill was published on 3rd November 2025 and read a First Time on 18th June 2026. It was thereafter committed to the Departmental Committee on Agriculture and Livestock for consideration and reporting to the House, pursuant to Standing Order No.127 of the National Assembly Standing Orders. Hon. Speaker, the Bill comprises 73 clauses and two Schedules. Its principal objective is to establish a comprehensive statutory and institutional framework to regulate the importation, exportation, manufacture, acquisition, distribution, advertising, use, and disposal of products used for pest control and the organic function of plants. The Bill establishes the Pest Control Products Authority; provides for its powers and functions; and modernises the registration, certification, and monitoring of pest control

Hon. Yusuf, go ahead.

Hon. Speaker, I rise to second the Motion. The Mover has set out the origin, purpose, and structure of the Bill. So, I will not restate that account. Allow me, instead, to speak to what the Bill delivers.

For far too long, farmers, traders, and consumers have contended with counterfeit, adulterated, and substandard pesticides. Such products fail in the field, erode yields, and leave harmful residue in the food and in the soil.

The Bill confronts this directly. It bans any person from manufacturing, selling, or introducing a pest control product without registration and it allows the Authority to register a product only after confirming that the product is safe for human and animal health, effective for its intended purpose and produced in a suitable premise.

Every product is then assigned a class according to its toxicity and use; from severely restricted products to commercial, agricultural, and domestic products. The strength of any regulatory law lies in its enforcement, and here, the Bill is firm. A person who sells or uses an

Hon. Yusuf, I know none of your colleagues is challenging you, but Standing Order 80 does not allow the reading of speeches. This is debating time.

Okay.

The Mover of a Bill of this nature can do what Mutunga did. I allowed him to do so. As a seconder, you should debate and not read a speech.

Hon. Speaker, well noted. With those few remarks, in conclusion, the Bill…

You are allowed to make reference to any technical issues which you may want to quote somewhere, but you cannot read the speech the way you are doing it.

Hon. Speaker, the Bill protects farmers from fake inputs, consumers from unsafe residues, the environment from pollution, and exporters from losing markets. It also provides registered and authorised dealers with a proper framework for selling their products without any issues.

Hon. Speaker, these products need to be regulated to ensure that only approved and authorised products are sold in the market. Counterfeit products and products that are not authorised for sale are currently widespread in the market.

Therefore, Hon. Speaker, this Bill addresses that gap. It seeks to protect the lives of Kenyans and all persons living in Kenya.

With those few remarks, I beg to second the Motion. (Several Members were upstanding)

Thank you. Members on their feet, take your seats. (Question proposed)

I can see Hon. Mary Maingi. Are you queuing for this one?

Yes.

Go ahead.

Thank you, Hon. Speaker, for giving me the opportunity to contribute to this Bill. I rise to support the Pest Control Products Bill, 2025. I thank the Chairman of the Departmental Committee on Agriculture and Livestock for tabling this Report. The law that governs pesticides in Kenya, the Pest Control Products Act (Cap.346) was enacted in 1982. It predates the Constitution of Kenya, 2010. The Bill repeals it and establishes the Pest Control Products Authority to register, classify, certify, ban, and monitor pest control products.

I speak for my constituency, the home of the largest irrigation scheme in this country. Try to picture a rice farmer who buys an herbicide, sprays it, and watches the weeds survive. The farmer will lose money and his planting season! Counterfeit products steal from the farmer twice. Under Clause 38, counterfeiting attracts a fine of between Kshs2 million and Ksh10

Thank you, Hon. Maingi. Hon. Julius ole Sunkuli, are you queuing for this? Go ahead.

Hon. Speaker, I beg to support that this Bill be read a Second Time. This issue of pest control in Kenya needs a lot of discussion. The purpose of this Bill is to seal the loopholes that are existing in its predecessor. The loopholes are particularly on counterfeiting and the coming in of the pest control products that do not conform to the original versions as manufactured. That which concerns us is the coming in of dangerous pesticides, humanly speaking. Many people believe that they have a connection with the spread of cancer that we see in the country. This Bill is supposed to address that issue. I believe that in the Committee of the whole House, we will have to make a lot of amendments to actually put beef to those particular loopholes that are supposed to be sealed.

Whereas this Bill goes a long way in addressing that particular mischief, I do not believe that it goes quite deep enough. The first thing you will see is that under Article 9 of this Bill, the appointment...

Article or clause?

Sorry, it is Clause 9 of the Bill that touches on the appointment of members of the board. The board is supposed to implement what will be put into law. The appointment of board members is top-heavy with permanent secretaries. Everywhere there is a permanent secretary for this or that. To me, that suggests routine, and there is hardly anything new. There is no person who is away from normal routine who can actually look into the issues of pest control! The Government should cede a lot of this space to some other organisations in order to give more room to independent board members. In particular, I am concerned that there is very little voice given to the farmers. There is one slot given to farmers and one to traders. The rest of it is given to the Government as usual. That must be addressed. The smallholder farmers, the pastoralist farmers, and other county representatives should occupy more space on these boards that have been created. It has now become routine that when you are making a law on anything in this country, the first people who get vacancies are permanent secretaries. That is not efficient in this particular case. However, because we are supporting the Bill, we will have time to look at the amendments. I am sure the Chairman will address this issue when he replies, so that he can give us direction.

Yes, Hon. Mutunga, what is your point of order?

It is not a point of order, Hon. Speaker. I would like to inform the Member who has just been on the Floor that, yes, the Bill presupposes permanent secretaries who are, in turn, represented by technically able people. The farmers in this particular issue may not contribute to the safety of the chemicals that we have because they need technical knowledge of the chemicals themselves. The idea is that we need technical people from different ministries to sit in the board and receive reports from the technical advisory committee, so that they can take care of things. That is what the Bill presupposes. Farmers sometimes do not have the knowledge…

Order, Hon. Mutunga! You are not informing him, you are arguing. The point he is making – which makes a lot of sense – is that if you look at Clause g(ii) it says, “One person nominated by a registered national organisation representing farmers engaged in crop farming.” What does that mean? Some small Community-Based Organisation (CBO) claiming to be national can nominate somebody. At least you should focus on farmers who are regularly and consistently directly affected by using pest control chemicals so that you get the real users to bring real-life experience. The market is full of counterfeits and fakes that affect farmers!

In addition, if the legislative intent is to introduce expertise, as the Chairman claims, that expertise already resides within the departments dealing with pests, specifically at KALRO and other designated institutions. Had that been the true intention, it would have been far simpler to explicitly provide for the appointment of a member from KALRO or the University of Nairobi. If what the law says right now is not what the Chairman understands it to be, it says the permanent secretary. He can decide to send his secretary or his clerk to attend that particular function, and it has happened in the past.

Hon. Mathenge Maina.

Thank you, Hon. Temporary Speaker. At the outset, I support this law. However, I must ask the Chairperson and the Departmental Committee on Agriculture and Livestock whether they are aware that after the national crises we currently face involving illicit alcohol and drugs, as well as deaths and injuries resulting from road accidents, the harm caused by pesticides is the next major concern in terms of the harm inflicted on our people.

I, therefore, wish to ask whether we have learnt any lessons from the establishment of the National Campaign Against Alcohol and Drug Abuse (NACADA) and the National Transport and Safety Authority (NTSA) in addressing issues of legitimate daily concern to Kenyans, yet legislation does not seem to have cured the problems we face. Why should pesticides that are banned under Good Agricultural Practices (GAP) and other regulations, including those in the European Union and the United States, become eligible for use in our country? What does this proposed law say about ensuring that the standards applied in this country under the new law are the same as those in Europe, the United States and other developed parts of the world?

I come from Nyeri, a region where we traditionally took our cattle to communal dips. We have since shifted from that practice, and today, every small household sprays its single cow right within its own compound. Where do the residues of the pesticides used to control ticks and fleas on cows end up in those compounds? I come from an area where coffee is once again being grown on a smallholder scale. Tragically, nearly every household with workers who have labored continuously on coffee farms has buried a kinsman due to throat cancer, abdominal cancer, or colorectal cancer. The passage of this law must not focus only on the regulation, registration, licensing and sale of pesticides. This law must firmly anchor the protection of public health. When I look at this Bill and hear that the Cabinet Secretary for Agriculture and Livestock Development, on the advice of the Authority, will determine or prescribe the qualifications of pesticide inspectors, I ask: What knowledge and skills should these inspectors have, and where should they acquire them?

The issue of disposing of pesticides and pesticide containers at the farm level must also be addressed. We must consider the kind of education required to ensure that our farmers are protected when using this key component of food production and food security. How will the board and the Authority establish a connection with the farmer who actually uses the products they register and license?

We have struggled with the quality of pesticides and their safety, particularly their safety in use and application. We must also consider the effect of pesticides on the soil and

Woman Representative for Marsabit County.

Thank you, Hon. Temporary Speaker, for this opportunity to also contribute to this very important Pest Control Products Bill (National Assembly Bill No.48 of 2025).

Hon. Temporary Speaker, I support this because of the challenges our country is currently facing. There are health issues that many people suspect are as a result of pest control products. I know the Deputy Speaker, Hon. Sholei, is very passionate about this and I am sure she would have contributed a lot. This amendment will help our country grow into a healthy society and produce products that will be helpful and will not cause any health issues in the future.

I have looked at the Bill and I agree with it because it regulates the importation, exportation, manufacture, acquisition, distribution, advertising, use and disposal of products used for pest and organic functions of plants. I think in the past we have been so lenient on all this, and as a result, some cartels have been doing what they are not supposed to. That is why in the past, we have had some fake products in the market which, as I previously said, have affected our people. Again, Clause 4 states that the purpose of the Act is to safeguard human health and the environment from risks associated with pest control products. In our country today, there are many people who are suffering from cancer which many people suspect is as a result of this. Once we have measures in place to safeguard human health and our environment, whatever product we use will be good for our animals, environment and human beings.

Clause 4(b) also provides a legal framework for the issuance, suspension, and cancellation of certificates and permits. There has been a gap which we will overcome because the legal framework put in place will seal all the gaps and take care of every area. Again, (c) of the same clause facilitates research on pest control products and regulates all matters related to that. We need to put all measures in place and regulate from time to time. Sometimes, even pests depend on the environment and seasons, like the rainy season. If we provide relevant pest control for each season, our farmers and people will not have that big challenge.

Hon. Temporary Speaker, if you look at the core contents of the Bill, it replaces the Pest Control Product Board with the Pest Control Product Authority, a body corporate headquartered in Nairobi which will take over. This is elaborate and large enough. The first purpose of this is assessing and registering products, advertising on maximum residue limits and setting standards. We need to set standards that are relevant to us and our country depending on the soil, water or anything that will be put into consideration. I am happy that

Proceed, Member for Teso South.

Thank you, Hon. Temporary Speaker. I had intended to contribute to this Bill, but I did not have my card.

At the outset, I rise to support this Bill, as it seeks to regulate online sales and protect smallholder farmers from exploitation. Currently, anyone can sell unregistered products on any online platform without verifying who the seller is or whether the product is registered. Therefore, this Bill seeks to close that loophole and ensure that all online platforms selling any chemicals must verify the identity of the seller. By doing so, we will protect our farmers from fraud and exploitation.

I also support this Bill because it seeks to establish the Pest Control Products Authority. This Authority will help strengthen the inspection processes, enhance traceability, and ensure the safe disposal of waste chemicals. By doing this, we can guarantee safer food on our tables. Uncontrolled and fake chemical pesticides are used all over. They leave harmful residues in our vegetables, maize, and other foods, posing a serious health hazard. Establishing this Authority will ensure that farmers use only quality and genuine pesticides that have been approved.

I also support this Bill because it ensures that all chemical products are registered and that all sellers are licensed. We have seen an increase in illnesses such as cancer, and our soils are becoming poisoned by these fake chemicals. Additionally, some of our produce are rejected in the export market due to the absence of registered products, licensed sellers, and proper

Fair enough. I do not see any further interest in this. Therefore, I call upon the Mover to reply.

Hon. Temporary Speaker, I beg to reply. Many Members have spoken in favour of this Bill, and they have been overwhelmingly positive. The Pest Control Products Authority is established to protect human beings, the environment, and animals from the effects of agrochemicals that we use on farms.

The Bill primarily aims to ensure human health. It also seeks to ensure safety and protect the environment. In terms of protecting human beings, this encompasses both direct contact with the chemicals and the effects if they are inhaled or ingested in any manner. The principle of safe use of pesticides presupposes that every chemical is dangerous. If it can kill an insect, it can also have an effect on human beings, as it terminates life. Although the thresholds may differ, there is still an impact on human beings.

In this context, consumption of products that contain chemicals is regulated based on maximum residual levels—the levels beyond which such products are unacceptable for human consumption. The international trading system allows for maximum residual levels in food- based items under the Codex Alimentarius. The controls established in this Bill provide us with enhanced penalties, an improvement over previous legislation, which did not offer much in terms of protection.

Regarding technical matters, the creation of a technical advisory committee, consisting of the heads of technical institutions in the country, is key. For example, the head of the Kenya Plant Health Inspectorate Service (KEPHIS) will be part of this technical advisory committee, as will the Director-General of the Kenya Agriculture and Livestock Research Organisation (KALRO). It is the responsibility of the Director-General of KALRO to engage a specialised individual in pesticides to advise him or her on contributions to this committee. This technical advisory committee will advise the board on decisions based on the evidence available at any given time.

Some Members have spoken to the risk of chemicals causing cancer. It is one thing to say that any chemical can cause anything. But conventionally, the cause-effect relationship must be established. We cannot say that we cannot use chemicals although I started by saying that all chemicals are harmful. Anything that can kill an insect has an effect on a human being because it determines its life. So, the most important thing for us to do is to ask ourselves: Is there evidence? Is the information available? Is it credible? Is it from a credible research process? Is it quotable? Is it verifiable? This is because science is based on verifiable facts, not hearsay. So we must verify whether there is any evidence to indicate that some of these chemicals can cause cancer or other diseases.

We have had discourses where fears on certain chemicals have been allayed, people taken to court and penalties spelled out. In most cases, determinations have been made. Then there is a higher court determination withdrawing the previous one on the basis of invalidated evidence. So, let us be factual as a country and as a people as we make this law. We need to rely on scientific evidence for anything.

The final issue that I would like to address is on appointments. One of the contributors alluded to the fact that a cabinet secretary does not qualify to appoint inspectors. The Bill presupposes that the cabinet secretary, in consultation with the governor of the county concerned, appoint inspectors. On this particular issue, I would like to inform ourselves that

Hon. Members I will now put the Question. (Question put and agreed to) (The Bill was read a Second Time and

committed to Committee of the whole House)

Hon. Members, Order No.10(i) stands dropped because the main Bill was defeated on the Floor of the House. On Order No.10(ii), I am made to understand that the Leader of the Majority Party, who should have been here, is engaged in discussions on the same. So, I direct that this matter be placed on the Order Paper on a date or a time in the future when it can be duly moved.

Next Order.

I am also meant to understand that the Chairperson of this Committee is not in the House. So, I direct that this matter be placed on the Order Paper at a time or date in the future when it can be ably prosecuted by the Committee Chairperson.

Next Order.

Committee Chairperson, Hon. Fatuma, Member for Migori County.

Thank you, Hon. Temporary Speaker. I beg to move the following Motion:

THAT, this House adopts the Thirteenth Report of the Special Funds Accounts Committee on its consideration of audited financial statements for the Agricultural Food Authority Car Loan and Mortgage Scheme Fund, Veterinary Services Development Fund and Government Press Fund for FY 2020/2021 and 20021/2022, laid on the Table of the House on Wednesday, 14th August 2024. In examining the reports of the Auditor-General on the financial statements of the Agricultural Food Authority Car Loan and Mortgage Scheme Fund and the Veterinary Services Development Fund and the Government Press Fund for the Financial Years 2020/2021 and 2021/2022, the Committee received oral and written submissions from the respective accounting officers which formed the basis of the following general observation and recommendations:

On Agricultural Food Authority Car Loan and Mortgage Scheme Fund, there was unsupported balances and inaccuracies in the financial statements. The Committee observed that the financial statements for the Financial Year 2021/2022 included the balances that were not supported or reconciled including prior year adjustments of Ksh4,819,229. The car loan cash book and bank balances of Ksh95,190,000 and an unexplained variance of Ksh4,243,597 in interest income.

The Committee recommends that, one, within three months of the adoption of this Report, the accounting officer submits the reconciliation and certified supporting documents for the unsupported balances to the Auditor-General for audit verification. Two, the accounting officer ensures that timely submission of all documents required for audit verification as required by Section 31(4) of the Public Audit Act, 2015.

On Veterinary Services Development Fund, there was lack of an enterprise-wide risk management policy. The Committee observed that the Fund did not have a documented enterprise-wide risk management process and policy in both financial years under review. The Committee recommends that within three months of the adoption of this Report, the accounting officer submits status report and supporting evidence on the risk identification process to the Auditor-General for audit verification.

Two, the Committee observed that the Fund did not have its own internal audit functions and audit committee or internal audit charter. However, having been established under the State Department for Livestock Development, it relies on the State department's internal audit unit which carries out audit of the Fund annually whenever required. The Committee recommends that the accounting officer ensures that the internal audit unit of the State Department for Livestock Development continues to audit the Fund regularly and that the internal audit reports are made available to the Auditor-General during audit.

The next Fund is Government Press Fund: Long outstanding debts. The Committee observed that the Fund has recovered a total of Ksh212,401,349 of the receivables leaving a balance of Ksh6,819,300. The Fund has also set up a costing section and joint reconciliation teams with debtors to pursue the outstanding debts. The Committee recommends that the accounting officer recovers the outstanding amount of Ksh6,819,300 within three months of the adoption of this Report and submits a status report on the recovery to the Auditor-General for audit verification.

Hon. Omanyo, proceed.

Thank you, Hon. Temporary Speaker. I rise to second the Motion and point out a few observations we noticed in the Committee.

Regarding the Veterinary Services Development Fund, we realised that they had not updated their asset register. We recommended that they update the Fund’s asset register and create a depreciation schedule. We also noted that they have many assets, but they are old. So, we advised the accounting officer to follow up and recover the rent they are owed.

Concerning the Government Press Fund, this was a bit absurd because they still use analogue machines, which do not help production in today's world. We recommend that they go ahead and procure two new digital machines. They should also clear the postal money orders they owed at the Postal Corporation of Kenya. We also recommend that they dispose of the old printing machines in accordance with the Public Procurement Asset Disposal Act, 2015. They also sought our permission, and we granted them six months to do what they needed and report back to us.

Thank you, and I second.

You say, I beg to second, but that is okay. (Question proposed) There seems to be no interest in this. (Question put and agreed to)

Next Order.

Hon. Fatuma.

Thank you. Hon. Temporary Speaker, I beg to move the following Motion:

THAT, this House adopts the Nineteenth Report of the Special Funds Accounts

Proceed, Hon. Omanyo.

Thank you, Hon. Temporary Speaker and Chairlady. I second this Motion. We discussed various Funds, but what stood out to me was the settlement of employer pension contributions in the Public Service Superannuation Fund. This is a Fund deducted from employers, set aside and invested during an individual's working life so that in the future, it can provide a regular income when an employee retires.

We noticed when the auditors visited their offices, they had just settled in. All the Committee Members were concerned that public institutions delay remitting the funds deducted from every employee, or sometimes over-rely on the exchequer, especially these public institutions. Other times, when an employee changes their job, there is a leakage in between. So, we recommend that the National Treasury ensures that employer contributions are remitted to the Fund on time. Everybody who is deducted looks forward to a smooth retirement period. Many times, when employees retire, there is a fragile retirement ecosystem with a long bureaucratic process. Somebody has to keep visiting these offices, begging for their rights, to be paid their pensions. Sometimes, in old age, such frustrations can send somebody to an early grave.

We, therefore, recommend that all institutions remit on time. Additionally, when somebody retires, they get their money when they need it. We also thank the President for the directive that once somebody retires, their money should be ready in ten days.

You beg to second.

I beg to second. I ask Prof. Oundo to comment.

Order. By now you should be well- versed in how debates are managed in the House. (Question proposed)

Hon. Oundo, have you expressed interest in this Motion?

No.

Is there any Member who would like to contribute to this Motion? Yes, the Member for Seme, followed by the gracious lady.

Thank you, Hon. Temporary Speaker. I rise to support the Committee’s Report. It has been unearthed that these very important Funds are not being managed with the seriousness they deserve.

When these Funds are being established, the objectives are normally clear and important. In the Committee’s Report, we are not enabling these Funds to meet the objectives we established them to undertake. For example, the Equalisation Fund was established when we were putting in place the current Constitution of this country. Many parts of this country were marginalised for many years. Therefore, the regular remission of funds, division of revenue and allocation would not meet their needs. They would continue to lag. Even with the establishment of counties, it was necessary to do more for these specialised areas. Therefore, the Equalisation Fund was established and given a period of 20 years. However, up to now, only Ksh12 billion, out of the Ksh51 billion recommended, has been given out. It is less than a quarter of the total amount. When we realised that some parts of the country needed the Equalisation Fund because they were marginalised, we established the Fund.

I remember we discussed the Equalisation Fund when the Constitution 2010 was promulgated. It was extremely important to acknowledge that some parts of the country lagged. If we followed the regular processes of disbursing funds, these parts of the country would never

Yes, Hon. Omanya. Sorry, it is Hon. Donya.

I was checking to confirm who Hon. Omanya is, but it is okay. I am Hon. Donya.

Hon. Temporary Speaker, the Chairperson of the Committee and Hon. Nyikal have mentioned that no board has been constituted to run the affairs of the Fish Levy Trust Fund. I wanted the Chairperson to confirm to the House when they constituted the board of the Fish Levy Trust Fund.

Let us have Madam Waqo, Member for Marsabit County.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to comment on this Motion. I want to take this opportunity to congratulate the Committee for a job well done. Looking at the Report, it is clear that the Committee was keen in its observations and have come up with recommendation to help our country move forward.

The tabled Report is on the audited accounts for various Funds for a period of seven years, from 2018 to 2025. That is not good for our country. The Committee's recommendation should be adopted. The Committee noted some loopholes here and there and the Chairperson should attend to that to ensure there are no gaps.

The Equalisation Fund is designed to help some of our counties develop or grow to the same level as other counties. Since Independence, some areas have been marginalised and excluded from any kind of development. The Equalisation Fund seeks to provide marginalised areas with water, sanitation, proper roads, health facilities, electricity and basic education. We have observed that county governments control the Equalisation Fund. As a result, projects take too long to be implemented and corruption is rampant. I pray that funds are released to benefit communities and a proper audit is conducted.

The audited accounts of the Petroleum Development Levy Fund are from 2018. They are long overdue. I recommend that audit reports be released annually, so that we can make rectifications on time. I commend the Committee for a job well done. Keep it up, Hon. Fatuma.

I support the Motion.

For the benefit of the House, those of us who were in the 10th Parliament that enacted or helped in the promulgation of the current Constitution remember that the Equalisation Fund was limited to aiding the Northern Frontier Districts (NFDs) and contiguous districts of Lamu and Tana River. A few other districts were added, particularly in Ukambani. The Equalisation Fund was designed to aid about 14 counties. Currently, the Equalisation Fund covers almost the entire country. It has been watered down, thereby completely eliminating the possibility of genuine equalisation. The underlying premise was that a country that is half developed and half undeveloped will never move in tandem. The Fund sought to bring marginalised areas at par with the rest of the country and ensure they have roads and other infrastructure, which were common in other parts of the country. However, this is politics. Be that as it may, that is the situation we have right now.

Proceed, Hon. Kaguchia.

Thank you, Hon. Temporary Speaker. You are very creative and innovative. You never shy off from contributing and enriching debate.

I want to focus on the Public Service Superannuation Fund. I want to thank the Committee for the work they have put into analysing these Funds and presenting reports to the House. This is part of our work as Parliament. I agree with the Committee that we have a very big challenge with employers who do not remit employees’ pension deductions. This has become such a big challenge for retirees. Many teachers and other civil servants face problems accessing their retirement benefits. I wonder why the situation continues unabated, yet we have regulatory and supervisory bodies that are supposed to oversee these institutions to ensure that they remit employees’ deductions.

Where do those institutions take this money? When institutions come up with their annual budgets, one of the critical inclusions is personal emoluments, which definitely includes pensions. Lack of remittance is very devastating for our citizens. That is why I urge the Committee that apart from pushing for tougher penalties for unremitted deductions, they should also recommend that Government officers who fail to remit those deductions are held personally responsible and accountable. They cause retirees untold suffering. A retiree foregoes

Member of Parliament for Trans Nzoia County.

Thank you, Hon. Temporary Speaker. I also rise to contribute to this Motion. Unfortunately, somebody retires expecting to receive their pension and start a business or undertake other business activities, yet this has been a longstanding complaint among many retirees, especially teachers. I do not know what happens, but I believe that when someone is about to retire, their documentation should be prepared and their dues processed well in advance. We already know when someone is due to retire, and the Government should, therefore, be sufficiently prepared to ensure that they receive their money on time.

We have lost lives, and people have suffered and even experienced depression while waiting for what is rightfully theirs. Instead of receiving their money in full and without complications, some are forced to resort to bribery to obtain their dues. Very often, the Ministry says that it cannot locate a file. One wonders where the file went, who is responsible for keeping it and why it has to be searched for when someone is waiting for their dues. It is high time we respected retirees and paid their dues on time, instead of making them beg before they can receive what is theirs. I believe we need clear laws to ensure that these people receive their dues on time.

Hon. Wandeto Geoffrey, Member of Parliament for Tetu.

Thank you, Hon. Temporary Speaker. I also rise in support of the Report. I would like to speak a little more about the plight of retirees. As many Members have said, our offices are flooded with people who tell us that they retired three or five years ago and are still waiting for their pensions. I have even met retirees who are still following up on their pensions 20 years later. This House has a responsibility, as we debate this Report, to correct some of the wrongs that continue to persist in the pensions department, especially the one dealing with Government pensions. The teachers’ pension system has also become contentious. Teachers did not previously have to wait so long, and the process was more structured. However, it is now facing similar problems to those at Bima Towers, where

Hon. Members, I do not see any other interest. Under the circumstances, I will put the Question. Hon. Fatuma, you may simply say, “I beg to reply,” if you do not have much to say.

Thank you, Hon. Temporary Speaker. I thank all Members who took the time to contribute to this Motion. All the Motions in which we have participated have been very important to this country, and I am grateful to all of you.

I beg to reply. (Question put and agreed to)

Next Order.

I cannot see the Chairman of the Committee on National Cohesion and Equal Opportunity in the House.

I am also made to understand that the Chairperson is not in to move that Motion. I direct that this matter be listed on the Order Paper at an appropriate moment in the future when the Chairperson of the Committee is in a position to prosecute it.

Next Order.

Leader of the Majority Party, are you also under instructions to defer this matter?

I direct that Order No.16 be deferred to a date in the future when the Leader of the Majority Party will be in a position to prosecute it. (Bill deferred) Next Order.

I am also made to understand that we are not in a position to prosecute this Bill. Therefore, it will be listed on the Order Paper at a future date when the Leader of the Majority Party will be able to prosecute it. (Bill deferred)

The same fate also befalls this matter. I direct that it be listed on the Order Paper at a future date when the Leader of the Majority Party will be able to prosecute it. (Bill deferred) Hon. Members, is there any other business? (Hon. Gideon Mulyungi spoke off the record)

Hon. Mulyungi, you came in after I had disposed of your matter. You will have to wait for another date in the future.

Hon. Members, the time being 5.43