Hansard Summary

The session opened with routine procedural announcements and petitions, including a request to investigate a member’s conduct and a motion to approve NG‑CDF committee nominees. Hon. ole Sankok highlighted Kenya’s progress on disability rights while sharply condemning alleged corruption and “cartels” in the Ministry of Labour that have delayed the International Day for Persons with Disabilities and mismanaged cash‑transfer funds. The debate combined formal legislative business with strong criticism of governance failures affecting vulnerable groups. Members debated a motion to extend the afternoon sitting so the election of Kenya's representatives to the East African Legislative Assembly could be completed. The discussion highlighted frustration with the Political Parties Dispute Tribunal’s attempt to injunction the process, questioning its jurisdiction and calling for judicial oversight. Despite the tension, the House sought to finish the business and avoid further delays. The afternoon sitting was dominated by procedural chaos as the Speaker repeatedly ordered members to relocate, suspended and resumed the session, and oversaw the counting and announcement of election results for both the National Assembly and Senate. Amid interruptions, humor, and applause, the House concluded with a motion to adjourn until February 13, 2018, and instructions for newly elected representatives to attend a briefing.

Sentimental Analysis

Mixed

THE PARLIAMENT OF KENYA

NATIONAL ASSEMBLY

THE HANSARD

Thursday, 14th December 2017

[The Speaker (Hon. Muturi) in the Chair]

COMMUNICATION FROM THE CHAIR

Hon. Speaker

Hon. Members, I have two Communications which I should make when we get to the point of statements.

Hon. Speaker

Hon. Members, I have some two petitions; one should have been made earlier in the morning.

BREACH OF PARLIAMENTARY PRIVILEGES

Hon. Speaker

Parliamentary Powers and Privileges Act, 2017 by conducting himself in a manner likely to reflect adversely on the dignity and integrity of Parliament or its Members.

In this regard, the Petitioner prays that the National Assembly investigates that matter raised in the Petition and recommends the vacation of office by the Member pursuant to Article 103(1)(c) of the Constitution.

This Petition, therefore, stands committed to the Committee on Powers and Privileges for consideration. The Committee is required to examine the issue raised and prayer sought in this Petition and reports its findings in accordance with the provision of Standing Order 227(2).

Before I read the other Petition, let me allow the Members to make their way in.

Hon. Speaker, I do not know whether the Serjeant-at-Arms checks Members properly as they come in. The great lady representing the people of Nairobi has entered with a flask full of tea. I do not know whether you have allowed us to have tea. She is carrying a flask. If it is allowed, I can also come with a gourd of camel milk.

Hon. Speaker

Serjeant-at-Arms, can you check that the Member is carrying a flask? How did it… What is the security doing?

(Loud consultations)

NON-IMPLEMENTATION OF 2013-2017 UNIVERSITIES CBA

Hon. Speaker

2013-2017 CBA. The same CBA was registered by the Employment and Labour Relations Court, bringing to an end a period of industrial unrest by the UASU members. The Petitioners aver that to date, the CBA has not been fully implemented leading to staff demotivation and suffering. In addition, the UASU members have further resorted to industrial action which has detrimental effect on the higher education sector.

The Petitioners pray that the National Assembly intervenes and facilitates:

PAPER LAID

Hon. Speaker

Leader of the Majority Party.

Hon. Speaker, I beg to lay the following Paper on the Table of the House:

List of nominees to two NG-CDF committees from the NG-CDF Board—

1. DAADAB CONSTITUENCY

2. IJARA CONSTITUENCY

NOTICE OF MOTION

APPROVAL OF NOMINEES TO VARIOUS CONSTITUENCY COMMITTEES OF NG-CDF

Hon. Speaker

The Leader of the Majority Party, the Floor is yours.

Hon. Speaker, I beg to give notice of the following Motion: THAT, pursuant to the provisions of Section 43 (4) of the National Government Constituency Development Fund Act, 2015 and paragraph 5 (9 & 10) of the National Government Constituency Development Fund Regulations, 2016, this House approves the list of nominees for appointment to the following two (2) Constituency Committees of the National Government Constituency Development Fund, laid on the Table of the House on Thursday, 14th December 2017:

1. DAADAB CONSTITUENCY

2. IJARA CONSTITUENCY

INTERNATIONAL DAY FOR PERSONS WITH DISABILITIES

Hon. ole Sankok

Hon. Members, pursuant to Standing Order No.43, I rise to make a Statement regarding the International Day for Persons with Disabilities (IPDP) proclaimed in 1992 by the United Nations General Assembly (UNGA) Vote 47 (3) . The celebration is normally done on every 3rd December. The main objective of this is to promote the rights and well-being of persons with disabilities in all spheres of society and development and to increase awareness of the situation of persons with disabilities in every aspect of political, social, economic and cultural life.

Hon. ole Sankok

Hon. Members, the theme of this year, IPDP with disabilities was “Transformation towards sustainable and resilient society for all”. Kenya has made tremendous strides towards achieving the aim and implementing the United Nations Convention on the Rights of Persons with Disability (UNCRPD) ratified by Kenya in 1982.

We have done this as a country through Article 154 of our Constitution and through a Person with Disability Act of 2003, Session Paper 14 and also we have been able to achieve this because of the goodwill of the Government which has set up policies and funds that assist persons with disabilities. Examples are the establishment of the National Government Affirmative Action Fund (NGAAF) that targets women, youth and persons with disabilities. Persons with Disabilities (PWD) nowadays access duty free vehicles and tax exemption. Maybe, Members are not aware that despite the fact that all of us are Members of Parliament, those with disabilities earn a bit more than everybody else because they do not pay taxes. I am not inviting you to join our club so that your salaries can go up.

Ladies and gentlemen, also persons with disabilities access Government procurement opportunities which are also a Government policy that is targeted towards achievement of the UNCPD.

Hon. Members, despite the above achievement and robust support from the Government, gains have been raped, mutilated, thwarted and suppressed by certain cartels in the Ministry of Labour and Social Security. These cartels have thwarted the full realisation and enjoyment of these rights and privileges by persons with disabilities who consider persons with disabilities as unimportant and a liability to the society.

Hon. Members, this scenario has occasioned the postponement of International Day of Persons (IDP) with Disabilities from 3rd December to 7th December this year by the Cabinet Secretary (CS) for Labour.

Hon. Members, you can imagine an international day that is celebrated worldwide but only postponed in Kenya because PWDs are not considered as an important part of this society. If they were able to postpone the International Disability Day (IDD), then let them also postpone Christmas or 1st January when we are celebrating.

Hon. Members, there have been numerous cartels in the Ministry, for instance the CS and other officials awarding themselves foreign travels purporting to represent persons with disabilities yet they are not disabled yet the (UNCRPD) indicates very well, nothing for us without us.

For sure, they do not go to represent PWDs in these forums. They go there because of the plump allowances and per diem that are given there. Further, the cartels in the same Ministry have also resolved to disburse Cash Transfer Funds (CTFs) manually with the sole aim of earning huge allowances under the pretext of monitoring.

Lastly, taking into consideration the mobility challenges of cash transfer target groups of older persons, persons with severe disabilities, orphans and vulnerable children, we demand that CTFs be channelled via Mobile Money Transfer (MMT) to the rightful beneficiaries. We have had cases in which persons with disabilities go to collect their funds and during collection days, you will see as if we have a rally because it is only one point. Some of them travel 200 Kilometres away to go and collect these funds. We would like this Fund to be channelled through MMT.

There was a case in Samburu in which a person who was entitled to Kshs28,000 was only given Kshs10,000 yet he signed for Kshs28,000. When we asked why he did not request for the Kshs28, 000, he said since it was free money he just went.

Hon. ole Sankok

Thank you very much, Hon. Speaker Sir, for giving me this opportunity.

PROCEDURAL MOTION

EXTENSION OF SITTING TIME

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 30 (3) (a) , this House resolves to extend the sitting time of the House today until conclusion of the business appearing in the Order Paper. Hon. Speaker, we are conducting an election which is a very complicated matter. I am sure friends from the other side know how complicated it is. This is because at one time they withdrew and it collapsed. So, we might anticipate some withdrawals between now and the voting. So, it is a very complicated matter. People might tie. Those of us who were in the 10th Parliament, when we voted for East African Legislative Assembly (EALA) , I remember we voted in the morning and some of us went to attend a function then we were told people tied. So, we came back in the afternoon to vote. So, this extension is just in case this session delays past the hours allocated in the Standing Orders then we can have another extension of that hour until we finish this business.

Hon. Speaker, the only problem here is, if you lose in this election today, you can only go to the East African Court (EAC) of Justice which is based in Arusha. You cannot go to a magistrate around here. Yesterday, I saw the Political Parties Tribunal telling you to stop a parliamentary process. That tribunal should not overlook the powers of this House. A parliamentary process once completed, anybody can go and challenge it in a court of law. However, when Parliament is in the process, you cannot stop it. So, for any of the candidates or their parties or even those who are out, if you are dissatisfied with today’s voting, you should go and look for the great Governor of Kisumu, Prof. Anyang’ Nyon’go.

In the Ninth Parliament, Professor Anyang' Nyong’o took a case to the High Court and he won. So, he is the one who can give you advice on how to challenge the House. I think we are all set. The House is full, and I thank Members. We are under obligation to carry on with the exercise. The men and women who will represent us in the East African Legislative Assembly (EALA) will be representing Kenya; they will not be representing other interests. Today we may doubt them because they have been sent here by political parties but the moment they are elected, they will be Members of Parliament representing the great nation of Kenya. We do not want to be caught up with time. We want this House to sit until we finish with the last business. We have the Adjournment Motion after the elections. So, please, do not go away. We also need to dispose of the Motion, so that we can proceed on recess until the beginning of the new Session in the New Year.

Since my colleague, Hon. Mbadi is back – it is good he left because upon his departure, this place became very hot. There were many questions that Hon. Junet and I were asked that we could not answer. We had to suspend the questions until another day. Hon. Mbadi is back, and we respect leadership. I want him to second the Motion for extension of the sitting time of the House until conclusion of business.

Hon. Speaker

Hon. John Mbadi.

Hon. Ng’ongo

Thank you, Hon. Speaker. I thank the Leader of the Majority Party for moving this Motion. I acknowledge and officially announce that I am back.

Hon. Ng’ongo

Hon. Speaker, why do I support this Motion? I just want to repeat what Hon. Duale said; that we need to finish and conclude the exercise of electing our representation at the EALA. Kenya has delayed the entire region in terms of constituting the EALA. Allow me to just say one thing, just as Hon. Duale said. Yesterday, I was also surprised that the Political Parties Dispute Tribunal (PPDT) was attempting to injunct Parliament from debating and approving our nominees to EALA. I am shocked because the decision was made by the Chairman of the tribunal, who is a very competent lawyer, in my view, in terms of qualification.

(Loud consultations)
Hon. Speaker

Hon. Members, there is a Motion that is being seconded, and you will be required to vote on it by acclamation. Will you be acclaiming to something you never heard?

Hon. Ng’ongo

Hon. Speaker, Members need to be reminded that the campaigns for EALA stopped yesterday. I have noted a number of candidates for disqualification. The Members of this House should not campaign for candidates seeking election to EALA. We are supposed to vote. They need to know that even this election is guided by rules.

Hon. Speaker, I was saying that I was shocked and surprised that Kyalo Mbobu, who is a renowned lawyer in this country, issued an order to Parliament to stop this process. There are two reasons that have surprised me.

First, the Political Parties Dispute Tribunal has no jurisdiction on this matter. It is a simple matter. This matter is already before Parliament, and not with political parties. If the Political Parties Dispute Tribunal wanted to get involved, they should have done that before. More importantly, the same Petitioners went to the High Court but they did not succeed in getting an injunction. The case has been pushed to 29th January, 2018. They then ran to the tribunal to get an injunction. How can you have the same case proceeding in two different courts? This tribunal should have known this because it is a matter that is in the public domain. Furthermore, I have information that members of the Political Parties Dispute Tribunal are in Mombasa, as we speak. It is only the Chairman who was in Machakos. He called to come to Nairobi and sign this order. This is something about which we need to speak with the members of the tribunal. Let them not misuse their powers.

The Chief Justice had expressed his concern with this tribunal, especially when it handled cases of political parties during the primaries. There were lots of illegalities that happened in the tribunal.

Hon. Speaker, we need to ask the Chief Justice to either reign in on this tribunal, which is spoiling the otherwise good name of the Judiciary or, as a House, we reform the tribunal so that it can transact its business properly. I was shocked but I also want to agree with Leader of the Majority Party that, that was an exercise in futility. This House cannot be injuncted by the tribunal. Otherwise, I wanted to second the Motion. Let us extend the sitting time and finish this matter so that we can have our representation at the EALA.

Thank you, Hon. Speaker. I second.

Hon. Speaker

Order, Members. I thought Hon. Mbadi said that, in accordance with the rules, the campaigns for the EALA positions ended yesterday. So, even those Members that may be desirous of supporting certain candidates should not be seen or be deemed to have been campaigning.

COMMUNICATION FROM THE CHAIR

ELECTION OF CHAIRPERSONS/VICE-CHAIRPERSONS OF COMMITTEES

Hon. Speaker

In addition, this will avail the officers and staff of Parliament an opportunity to take their annual leave and also begin preparations for the next Session. Ordinarily, committee activities will normally resume during the last week of January but recognising that committees need to undertake induction programmes; this necessitates the earlier commencement of business of Committees.

Hon. Members, even as we break, I direct the Committee on Delegated Legislation to consider and conclude all statutory instruments before it expeditiously. This is in line with the provisions of the Statute Law Act, which gives the Parliamentary Committee 28 days to consider all statutory instruments before it. Otherwise, they stand approved in the form they were published and submitted to the House. The Committee should then inform the House on the actions taken upon resumption from recess.

Hon. Members, in view of the foregoing, I now direct that the various Committees conduct the elections of chairpersons and vice-chairpersons latest by Thursday, 21st December

(Applause)

APPROVAL OF NOMINEES TO VARIOUS CONSTITUENCY COMMITTEES OF NG-CDF

Hon. Speaker

Let us have the Whip of the Majority Party, Hon. Washiali.

Thank you, Hon. Speaker. On behalf of the Leader of the Majority Party, I beg to move the following Motion:

THAT, pursuant to the provisions of Section 43 (4) of the National Government Constituency Development Fund Act, 2015 and paragraph 5 (9 &

1. DAADAB CONSTITUENCY

2. IJARA CONSTITUENCY

Hon. Speaker

Hon. Mbarire.

Thank you, Hon. Speaker. I rise to second this Motion and say that these are the remaining constituencies whose NG-CDF Committees had not yet been approved. They are ready for gazettement. In view of the Adjournment Motion and the recess that is ahead of us, it is only important that we pass this Motion so that the Members can begin work in their various constituencies, because I know that the hearts and minds of Members are in the next Motion. We are all looking forward to doing these elections today. Let me end there.

I second.

I think there is need for further induction for a full week.

Hon. Members

Put the Question.

Hon. Speaker

The Member is still roaming about. Hon. Sankok, you have also become very nomadic. Hon. Members, it is the desire of the House that I put the Question.

Hon. Members, those who are airborne or mobile on their two legs, please, take your seats because I need to make this communication because it affects the next business.

(Loud consultations)
(Laughter)

COMMUNICATION FROM THE CHAIR

PROCEDURE FOR CONDUCTING ELECTION OF MEMBERS TO EALA

Hon. Speaker

This Communication relates to the procedure for conducting the election of Members of the East African Legislative Assembly

(EALA)

on the Election Day. Today, being the 14th day of December 2017, a day designated by the Houses of Parliament for conducting the election of Members to the EALA, I wish to make a brief Communication to guide the House on the steps to follow, being designated as one of the returning officers in accordance with Rules 2 and 17 of the EALA Elections

Rules, 2017.

From the outset, let me remind the House that in accordance with the said rules, the presiding officer in the case of the election in this House is the Clerk of the National Assembly. In furtherance to Rule 17 (1) of the Rules, the Speaker of the Senate and I have designated the Senate and the National Assembly Chambers as the respective polling stations for purposes of the election by the Members of the Senate and this House. In accordance with Rule 17 (2) of the Rules, voting is by secret ballot. In this regard, members of the Press are also notified that in

Hon. Speaker

keeping with paragraph 3 (c) of the broadcast rules, close-up shots that may show the manner in which a Member has voted are prohibited.

At the beginning, I will order that the bell be rung as if on a division. This will signify the commencement of the voting process and also allow the presiding officer to prepare the voting station in the Chamber ready for voting. At the expiry of 10 minutes, the doors and the Bars shall remain open unlike in ordinary division periods where the Bar would be drawn and the doors closed. Thereupon, the Clerk shall open the roll of voters - being the usual Division list - display the ballot boxes and each Member who is willing to vote shall approach the polling table and be issued with a ballot paper. Thereupon, the Clerk shall also cross out the Member’s name from the Division list.

Each Member, on receiving a ballot paper which has been duly stamped - and it is important that you ensure that the ballot paper you receive is duly stamped - shall proceed to one of the polling booths and secretly record his or her votes by putting a mark in the space provided on the ballot paper against the names of your preferred candidates as clustered. After marking the ballot paper and whilst still in the booth, a Member must fold his or her ballot paper and proceed to deposit it in the ballot box. After bowing to the Chair, the Member shall resume his or her seat.

It is important for me to emphasise four important aspects of this election. Hon. Members at the door, if you do not wish to listen, you can as well walk out. You have no business making it impossible for others to listen. If you do not desire to listen, just open the door and walk out.

I will repeat. The following are four important aspects of this election:

Hon. Speaker

Senate. I will also announce the consolidated results to the House after adding up the results. I will cause a message to be transmitted to the Senate in respect of the results of the election conducted in the National Assembly.

Hon. Members, at the end, the persons to be declared elected in respect of the Jubilee Party cluster shall be five with the highest number of votes, who must include at least two candidates of either gender. The persons to be declared elected in respect to the NASA coalition cluster shall be the four candidates with the highest number of votes who must include at least one candidate of either gender.

Hon. Members, should there be any tie between two or more candidates amongst those with highest votes in any of the two clusters, the process will be repeated in both Houses between the candidates.

I hope that I have explained the process clearly. Members are also reminded that during the exercise, the rules of procedure including the Standing Orders pertaining to orderly conduct remain in force and applicable by the Speaker.

Before I conclude, I also wish to report to the House that on 8th December 2017, the offices of the presiding officers, that is the two Clerks, received a letter from one, Ms. Angela Mweni Munyasia, a candidate under the NASA cluster indicating her withdrawal from the election process. However, under Rule 11(1)(2) the deadline for withdrawal of candidacy was on Friday, 1st December 2017 at 4.00 p.m. This may be reminiscent of recent events.

(Laughter)

ELECTION OF MEMBERS TO THE EAST AFRICAN LEGISLATIVE ASSEMBLY

Hon. Speaker

Hon. A.B. Duale

Hon. Speaker, your Communication is very clear and to the point. However, I just need clarification on one point. What happens if in either of the cluster, the gender number on either side is not achieved? It is very fundamental. We need to solve that matter. You need to give guidance on that.

Secondly, I think you also need to tell us that after the end of the exercise, these materials must be secured in case of any Petition.

Thirdly, you did not address the issue of how the voters will be identified. What happens if there is any voter who needs to be assisted in the polling station?

Hon. Speaker

Hon. Members, obviously, we are only limited to the fact that we remain faithful to what the law and rules made there require. From the Jubilee cluster, at least two of

Hon. Speaker

those elected must be from either gender. From the candidates that have the highest votes in the NASA cluster, at least one must be from either gender.

Obviously, the point raised by the Leader of the Majority Party is a complex one because it is like the requirement in Article 27(6) and (8) of the Constitution read together with Article 81

Hon. Speaker

Order Members. Order, Members! Resume your seats. Hon. Members, go back to your seats! The longer you take, the longer you will remain in the House. Please take your seats. It is absolutely important.

For the convenience of the House and for the process to be smooth, it has been decided that Members’ names will be called out loudly by the Clerk in alphabetical order. Hon. Members, just relax. What I require now to be done before I call the Clerk to take over the process is for the boxes to be displayed because I have heard the Member for Mumias West, my good friend, whispering that the process of rigging has started. Hon. Johnson Naicca, this is to make sure that what you anticipated or suspected was going to happen does not happen. In the full glare of hon. Members, we want all the ballot boxes to be displayed so that we all confirm that there is no single ballot paper. Clerks, please proceed to do that.

Hon. Naicca, are you watching or you want to touch them with your hand? Hon. Members, that having been done, I indicated in my Communication that the two Whips –the Minority Whip and the Majority Whips – are going to be the agents. Those who hold those offices have an obligation to remain around. I do not see the Member for Mumias East. Neither do I see his counterpart from Suna East. The Member for Mumias East is present but the Member for Suna East is missing.

Hon. Member

His deputy is here.

Hon. Speaker

I did not say his deputy. You gave Hon. Junet a very heavy responsibility. It is too much for him. Sitting here is going to be very difficult for him. Hon. Chris Wamalwa and Hon. John Mbadi, you can assist the Member for Suna East.

Hon. Ng'ongo

(Inaudible)

Hon. Speaker

The Minority Leader affirms that Hon. Wamalwa is fit to step into those shoes in an acting capacity. So that we do not take so long, I will now request the Clerk to read out the names of you, the voters, in alphabetical order. So, please do not come to say “Oh, I have been skipped because I was in some other place”. This time, be present. There is a Member who has just walked in carrying a bottle of water, saying his system has given in. This is for a short while.

Order Members! Those who have voted, once you finish casting your ballot, please, you must allow others to vote too. Hon. Members, we do not want Members crowding at the polling booth.

Hon. Members, I am concerned with the crowding at the polling booth. If you are not voting, what are you doing there? Is Hon. Naicca voting or what is he doing there? Hon. Naicca, what are you doing at the booth? If you have not been called, you have no business around the booth. You are going to cause unnecessary confusion. Wait until your name has been read out so that you can go and vote. Once you vote, go back to your seat. Do not crowd around here.

(Loud consultations)

Member for Makadara.

Hon. Speaker

Have you voted?

Hon. Omwera, do not walk away. This is not City Council. You must withdraw from where you are. I do not want Members doing things…. Even you people who are on this row, you are too close to the booth, move to the row behind there. The Serjeants-At-Arms have reported certain things you people are doing. It is just not Hon. Wanga, even you who are here, withdraw. Move to the next row. Campaigns ended. I mean your colleagues are literate, who requires to be told the names of the candidates? Member for Laikipia and Member for Kirinyaga, move to the next row. Move, quickly. It cannot be that the National Assembly is where people are trying to do cheap small things. Let Members vote. People know who the candidates are. They do not need to be reminded by the eight of you whether in mother tongue

Hon. Speaker

or sign language. Hon. Junet you are one of the agents. Ensure that no Member comes there gesticulating or trying to speak in some funny languages.

Proceed.

Hon. Member

I am an agent too!

Hon. Speaker

No! No! The agent is this one. The deputy was here earlier, but disappeared. So, the Clerks will do the counting and the tallying. You can now lower the Mace and the two agents are requested to approach the Table now. We do not want Members to say that there was a problem in transmission. And since we do not have any servers for this one, it will be tricky.

Hon. Mbadi, I thought you are a leader. You are the one who is shouting all over as you walk facing the other direction. Order Members. Take your seats. Hon. Members, we have to suspend the counting of the votes temporarily. We will resume the Sitting and the Mace will be put at its place.

[The Speaker (Hon. Muturi) in the Chair]
Hon. Speaker

The Chief Serjeant-at-Arms of the Senate: Hon. Speaker, the officer is not a stranger. He is the Chief-Serjeant-at-Arms of the Senate who is under instruction to deliver a Message to this House.

Hon. Speaker

The Message may be admitted. I order the Chief Serjeant-at-Arms of this House to proceed and receive the Message from the Senate.

received the Message)

(Applause)
[The Speaker (Hon. Muturi) in the Chair]

ANNOUNCEMENT OF RESULTS

Hon. Speaker

Order Members, we are back to the sitting. The Member for Dagoretti South may be reminded that this is not a place for making calls.

Hon. Members, the rules require that I announce the results of the voting in this House. Without following any particular order, I will first read out the results, the total number of votes obtained by the candidates listed on the Jubilee Party cluster.

JUBILEE PARTY CLUSTER Name Gender County Votes attained

Hon. Speaker

Aburi Mpuru

M Meru Bundi Justin Nthiiri

M Tharaka Nithi Karanja Eunice Wanjiru

F Trans-Nzoia Masit Irene Cherop

F Elgeyo Marakwet Mbugua Simon Ng’ang’a

M Nairobi Koskei Jackson Kipkemoi

M Baringo Wanjiku Muhia

F Nyandarua Muriuki

Joe Mureithi (Dr.)

M Nyeri Njee Elizabeth Wangui

F Nyeri Noor Adan Mohamed

M Mandera Nyachae Charles Ayako

M Kisii Sergon Florence Jematiah

F Baringo

THE NATIONAL SUPER ALLIANCE (NASA) COALITION CLUSTER

GENDER COUNTY VOTES

Spoilt Votes

Hon. Speaker

Hon. Members, the suspension of the House was lifted, so we are still in session. Hon. Members, earlier on, you noticed that there was a stranger who came to deliver a message. Again, there will be another physical transmission of results. Since I have sent a Message to the Senate on the results of the elections from this House, I now have to announce the results of the election in the Senate which I have since received.

Hon. Members, again, not in any particular order, from the Jubilee cluster... First of all, before I announce the respective clusters, the total number of votes cast in the Senate is 61. Total number of valid votes is 61. Spoilt votes are zero. It looks like the literacy level there is a bit higher.

(Laughter)

JUBILEE PARTY CLUSTER

GENDER COUNTY VOTES

Hon. Speaker

Hon. Members, listen to the figures. You are unable to listen. You have a problem. Even late at night like this you cannot be silent?

THE NATIONAL SUPER ALLIANCE (NASA) COALITION CLUSTER

GENDER COUNTY VOTES

[The Speaker (Hon. Muturi) in the Chair]
Hon. Speaker

Hon. Members, it is not a very bad thing to end the First Session of the 12th Parliament at this hour. I call upon the Serjeant-At-Arms to bring up the mace. The suspension of the Sitting is lifted. So, the House is sitting.

Hon. Members, take your seats. You can sit anywhere. This Chamber belongs to all of us. In keeping with the rules, I have to announce the totals. As you all know, we must abide by them. Having read for you the figures obtained, the totals are as follows:

JUBILEE PARTY CLUSTER

GENDER COUNTY VOTES

THE NATIONAL SUPER ALLIANCE (NASA) COALITION CLUSTER

GENDER COUNTY VOTES

Hon. Speaker

Munyasia Angela Mueni

Female Machakos Mutunga Syengo Beth Kalunda

Female Machakos Odinga Oburu Oginga

Male Siaya Spoilt Votes Hon. Members, the Senate having concurred with the results that were announced here in this Chamber, I hereby now proceed to read out the duly elected representatives of Kenya to the East African Legislative Assembly after which, as the law requires, I have to sign.

I must confirm that these names conform to the minimum gender requirements. The Jubilee cluster has five candidates. The Members duly elected are: Name

Votes

Hon. Member
(Off record)
Hon. Speaker

They have met the requirement and that is why they have been elected. For the Kenyan representatives who are present today, you are required to come to Parliament tomorrow at 10.00a.m. for briefing in Room No. 7, which is just behind where you are now. I am sure Hon. Wanjiku Muia, Hon. Mpuru Aburi, Hon. Abdikadir Omar, immediate former Member for Balambala and the immediate former Chair of Departmental Committee of Agriculture who resigned in May know the place. Congratulations. I am sure it has not been very easy. You know where Room No. 7 is. You have chaired meetings there. So, tomorrow at

(Applause)

MOTION FOR ADJOURNMENT ADJOURNMENT TO A DAY OTHER THAN THE NEXT NORMAL SITTING DAY

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order No. 28 on the Calendar of the Assembly (Regular Sessions) , this House adjourns until Tuesday 13th February, 2018 at 2.30.

I have never moved an adjournment Motion at 11.30 p.m. in my life as the Leader of the Majority Party. This is because we had a very busy day where we conducted our constitutional mandate.

Tonight we have nine men and women who have been elected, for the first time again, by both Houses: Hon. Simon Mbugua; Hon. Musyoka, the son of the Wiper leader; Hon. Oburu Odinga, our elder who served in this House for over 20 years who now will represent us, and a brother to the former Prime Minister; and Hon. Abdikadir. I am a happy man because Abdikadir was a Member of Parliament for Balambala, and that was my constituency in the 10th Parliament called Dujis. I had the task of looking for a job for my brother. Tonight I want to thank Members for honouring me by electing Hon. Abdikadir. The people of Balambala and Garissa County are very happy.

Hon. Fatuma is a known human rights crusader. I was joking with her on the corridors of Parliament. I told her “Hon. Fatuma, you have been a human rights crusader, you have been a Member for Wajir County, let us try.” I want to thank these Members for electing Fatuma, Musyoka Junior, our senior citizen Oburu Odinga and the famous Aburi Mpuru. The Deputy President called me last night and told me, “Please make sure Aburi Mpuru wins.” He is a very good friend of the Deputy President. For Hon. Simon Mbugua, I want to thank the Governor of

Nairobi. I told him to keep and take care of Simon Mbugua till we send him to Arusha. The Governor, tonight we have given Simon Mbugua. He sacrificed during our party nominations for Hon. Yussuf Hassan of Kamukunji. He made a sacrifice before our leaders. I want to thank our Members.

[The Speaker (Hon. Muturi) left the Chair]

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu): Very well. Thank you, Leader of the Majority Party.

Order, Members!

Thank you, Hon. Temporary Deputy Speaker. I want to take this opportunity to thank the House for giving us a very able team to move to EALA to look at various issues which pertain to the East African Community.

Hon. Temporary Deputy Speaker, I am excited today to see us send a very young and able lawyer, Mr. Kennedy Kalonzo to EALA. I want to take this opportunity to wish my colleagues…

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Order Members who are moving out of the Chamber. Please do it with some decorum. Order, Members! Please do whatever you are doing with decorum. Yes, Hon. Member, carry on.

I want to take this opportunity to thank my colleagues and wish them a Happy Merry Christmas and a Happy New Year. At the same time, as we adjourn, I want to thank the people of Matungulu and wish them a Merry Christmas and a Happy New Year. It is exciting to close the year, but I wish this House could have been extended until next week Thursday, so that at least we finalise the election of the chairs and then we go home when we already know the chairs. I have seen the communication that Members need to be reminded that various committees will be meeting on Wednesday to elect their leadership.

Hon. Temporary Deputy Speaker, I believe that as we go for the long recess, when we come back in January, things will have settled down in the country and we will be able to move this country to another level.

I want to wish our new team to EALA all the best. I urge them to take care of pertinent issues which are coming up within EAC, especially issues of how we should integrate the Community and heath care within the region. I wish them all the best.

Thank you. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you. Hon. Members, you do not need to spend your five minutes. You can donate your time to other Members because we have only 15 minutes to go. Member for Kipipiri, Hon. Kimunya, the Floor is yours.

Hon. Kimunya: Hon. Temporary Deputy Speaker, I rise to support this Motion to adjourn but most importantly to congratulate our representatives to EALA. Specifically, I want to thank Members of this House for affording a chance to my countymate, the Hon. Wanjiku Muhia who has now found a chance to go EALA. Also my good friend, who was once my Assistant Minister, Hon. Dr. Oburu Odinga; my friend’s son, Kalonzo Junior and the nine Members. Basically they have been elected and we just want to just say we wish them well and hope that by the time we go for our recess, we will also be getting there to hold our flag high; at least, we put a closure to Kenyan politics. I hope, as we come back next year, we will be in a different level of playing politics in this country without looking at the different parties, but look

at a nationalistic approach towards the issues that confront us so that we can transform Kenya from what it is to what it should be.

With those few remarks, I wish you a Merry Christmas and a Happy New Year. I hope we will come back here energised to tackle the challenges of Kenya in the new year.

Thank you, Hon. Temporary Deputy Speaker. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu): Very well, the Member for Yatta, Hon. Kilonzo Mutavi.

Thank you, Hon. Temporary Deputy Speaker. I intend to be very brief because of time. Like my colleagues, let me congratulate the new team which is due to go to EALA. Out of the nine, there are seven seasoned politicians and of course the youth, the son of my neighbour and my party leader and the good young lady, Jematiah Sergon. I am not sure if I got the name right. I think this is a team we expect to do a lot. We have been wondering why our cows are being auctioned when they cross over the border and yet it is a colonial border. Those are the things we expect them to raise to ensure that we have a good relationship with our neighbours.

Next week is very important for this House. It is the time to choose chairs and vice- chairs of committees. My experience has taught me to avoid as much as possible chairs who are appointed from State House. If this House is going to remain a strong House, Members should choose effective chairs and vice-chairs. Therefore, those of you who have been appointed from State House mko na kazi ngumu, you have a tough week ahead. You saw Members reading the riot act to the Parliamentary Service Commission (PSC) which has been a big disappointment to this House.

When I came back, I was shocked with the things I found in this House yet there was a Commission. I am also told that most of the committees have deteriorated because of the tendency of appointing people from State House. So, as we move on, let me wish my colleagues and the people of Yatta a Merry Christmas and a Happy New Year.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you. Be brief and to the point. The Member for Trans Nzoia County, the Floor is yours.

Hon. (Ms.) Wanyama

Thank you, Hon. Temporary Deputy Speaker. I also join the rest of my colleagues to congratulate those who have been elected to EALA. We have got a good team that will defend our country in EALA. We have got a good team that is going to defend our country in the EALA. Recently, we were in Tanzania because of sports. Members of the EALA from other member states asked when we would elect our representatives, because we have really delayed to give the names to EALA.

I also want to take this opportunity to send a message to drivers in this country because we have been having a lot of accidents every now and them. I ask them to take care because they are not carrying cabbages, as the President said. They are carrying people and so they should be very careful. I wish my colleagues a Merry Christmas and a Happy New Year. I know very well that when we go home we will bring peace and reconciliation among ourselves because we have been facing a lot of challenges since the end of the general elections.

I also take this opportunity to say Merry Christmas to you, Hon. Temporary Deputy Speaker, and to the people you represent.

Thank you. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Of course, they are the people of Kibwezi Constituency.

Next is the Member for Fafi, Hon. Mohamed Osman.

Thank you, Hon. Temporary Deputy Speaker. First, I thank the people of my constituency, Fafi, for electing me and giving me the chance to represent them. Secondly, I thank the Members of Parliament today for voting the nine EALA members, especially my uncle. His name is Abdikadir Aden. He was also a good legislator from Balambala Constituency during his time. Mine is to thank the Members and to tell my friends who have been elected today to represent this country; to do their work and help the country to move forward.

Thank you and happy holidays. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you. Next on my request list is the Member for Mwingi North.

Thank you, Hon. Temporary Deputy Speaker. I also join my colleagues in supporting this Motion for Adjournment but more so to communicate my congratulatory messages to the members who have been elected to sit in the EALA. I am particularly happy about my voter, Hon. Kennedy Musyoka Kalonzo, whom I happen to campaign for. I am thankful that Members of this House and the Senate have indeed heeded our call to support this young man. I really congratulate the members-elect and thank Hon. Members of the two Houses for finding it wise to elect Kennedy Kalonzo and the rest of the other eight members to the EALA. I wish them a good time as they represent our country down there in Arusha.

In addition, I want to take this opportunity to also send a message to my people of Mwingi North Constituency. I wish them a Merry Christmas and a prosperous New Year 2018. The same applies to all the Members of this House and the entire Republic of Kenya.

Thank you. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Member for Mogotio, Hon. Tuitoek Kamuren.

Hon. Temporary Deputy Speaker, thank you very much for giving me this opportunity. I would also like to join my colleagues in congratulating the nine members who have just been elected by this House. I specifically congratulate Jematiah Sergon from Baringo County and wish her success as she serves us in Arusha. As we come to the closure of the year, I would also like to wish all the members of this House and my constituents a Merry Christmas and a Happy New Year 2018.

With those remarks, I support the Motion for Adjournment. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Member for Mandera North. You are doing very well members.

Thank you, Hon. Temporary Deputy Speaker, for giving me the opportunity.

First and foremost, I would like to send my congratulations to the nine EALA members that have just been elected. I want to congratulate the House as well because of the bipartisan approach that we saw today in electing the nine Members. It is my prayer that in future, the House conducts its business in such an approach.

One of the nine Members elected to the East African Legislative Assembly (EALA) is one of my constituents. He is also a former Member of Parliament for Mandera North. He was a member of my campaign team and tonight, I am extremely happy to have ensured that one of my constituents and the former Member of Parliament for Mandera North will represent Kenya in the EALA. He has what it takes.

The other point is to wish everybody a Merry Christmas and a Happy New Year. When we come back, I am sure the House will have a full tray of activities to undertake. Therefore, on

my behalf and on behalf of the people of Mandera North, I wish everybody happy festivities. Hon. Temporary Deputy Speaker, I thank you for your patience having been here for a long time. I am sure you are also tired but you have been courageous enough to chair the last session before we go on recess. I thank you and God bless you.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu): Let us have the Member for Mosop.

Asante sana, Naibu Spika wa Muda. Pia nami naunga mkono na kuwapongeza wale wote ambao tumewachagua siku ya leo kujiunga na viongozi wengine katika Bunge la Afrika Mashariki. Ni kweli kwamba hivi majuzi tulipokuwa katika Michezo ya Afrika Mashariki, tulipata kwamba Jumuiya ya Afrika Mashariki ilikuwa inangoja viongozi hawa wateuliwe na naona kwamba azma yao na matarajio yao yametimika siku ya leo.

Nawapongeza watu wa Mosop na nawatakia kila la heri katika msimu huu wa Krismasi. Naomba madereva nchini waendeshe magari kwa njia iliyo safi ili tupate kuchunga usalama wetu katika barabara zetu.

La mwisho ni kwamba nawatakia wenzangu Wabunge nafasi nzuri na kuwaombea dua tukutane Januari ili tuendeleze kazi nzuri. Nawatakia Wakenya umoja na mambo yote ambayo yanahusiana na umoja na ujenzi wa taifa letu yawe msingi wa kujenga nchi hii.

Katika uchaguzi wa viongozi wa leo, vijana wawili wamechaguliwa. Hii imedhihirisha ya kwamba vijana wako na haki katika uongozi na wao wenyewe wanautafuta uongozi na kuupata. Wabunge leo wamedhihirisha ya kwamba chochote ambacho unakitaka utakipata ukitia bidii.

Kwa hayo machache, Naibu Spika wa Muda, nakushukuru, nakupongeza na nakutakia kila la heri na wale wote ambao walikuteua kutoka pale Kibwezi.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Let us have the Member for Ijara.

Hon. (Ms.) Noor

Thank you, Hon. Temporary Deputy Speaker for giving me this chance. I would like to support the Motion for Adjournment. I thank the Hon. Members of this House for conducting credible and peaceful elections for our Members. Congratulations Members. That shows how mature this House is. I am so proud to be a Member of this House.

On the same note, I congratulate the nine Members that were elected today to represent this country. I would like to point out that when we say that two-thirds of either gender should be elected, it is not necessary for us to always give the side of the women the one-third. Next time, I want to ask the leadership and the Members of this House to do vice versa so that we can give one-third to the men and two-thirds to the women.

Again, I want to touch on the Committees that were constituted this morning and approved by this House. We want to look at it critically. I have heard rumours that there are only four women who have been appointed to chair Committees out of 30 Committees. That is unconstitutional and I request the Members of this House to critically look into this matter. They are your colleagues. They will add a lot of value in the development and management of the issues of this Parliament.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : What is wrong with your microphone? Are you through with your contribution?

Hon. (Ms.) Noor

Yes. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Okay. Contribute for one minute, Hon. Tongi.

Thank you, Hon. Temporary Deputy Speaker, for giving me the opportunity to congratulate our colleagues for the well-deserved victory. I want to take this

opportunity to wish my colleagues a Happy New Year and Merry Christmas. I also wish you and your constituents a Happy New Year and Merry Christmas. You have done a good job to manage the House so well. I am happy because we have conducted ourselves with decorum which is a sign of maturity. It also shows that we are a mature economy and we have a political system which can conduct itself in a manner that we have done today.

I am happy for those who won. I wish those who did not make it another opportunity. I am sure God will open a way for them. I would have loved more of them to do better than they did, but that is life. We wish them well. I am sure in the fullness of time; God will open an opportunity for every one of them.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu): Member for Nambale, contribute for one minute.

Thank you, Hon. Temporary Deputy Speaker. I have a very quick message. I come from Nambale Constituency, Busia County; the border county where trade is extremely important. I wish that the members that have been elected today will be East Africans first, Kenyans second and in that role help build the economy of East Africa, so that our people can have jobs and opportunities. Busia will be the gateway into and out of Kenya.

Thank you, Hon. Temporary Deputy Speaker.

ADJOURNMENT