National Assembly Hansard: Thursday, 1st October, 2026

Serjeant-at-Arms, ring the Quorum Bell. (The Quorum Bell was rung) (Technical hitch)

Are you ready?

I am not ready, Hon. Speaker.

Pardon. You have a report on the Strategic Goods Control Bill. (Hon. Ali Raso spoke off the record) Okay. Clerk-at-the-Table, call out the next Order. I will come back to you.

Hon. Irene Mayaka.

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 Finance and National Planning regarding the effect of successive tax and tariff measures on ceramic tiles, particularly their impact on competition, prices, construction costs and affordable housing.

Ceramic tiles are essential construction materials used in residential houses, commercial buildings, schools, hospitals and other public projects. Therefore, their price and availability have a direct bearing on the overall cost of construction and affordability of housing. The taxation of imported ceramic tiles, under tariff heading 6907, has undergone significant changes in recent years. The Tax Laws (Amendment) Act, 2024 introduced an Excise Duty of 5 per cent of customs value or Ksh200 per square metre, whichever was higher. The Finance Act, 2025, increased the specific component to Ksh300 per square metre, while the Finance Act, 2026, subsequently moved the applicable minimum to Ksh50 per kilogramme, while retaining the 5 per cent ad valorem component.

Hon. Speaker, while these measures may support local manufacturing, their cumulative effect on competition and consumers requires examination. Where the cost of imported tiles

Chairman of the Departmental Committee on Finance and National Planning, where are you? Member for Kesses, go ahead.

On behalf of the Departmental Committee on Finance and National Planning, I endeavour to bring a response within a span of three weeks or so.

Thank you, Hon. Speaker.

Hon. Members, I want to acknowledge, in the Speaker's Gallery, students from Chuluni Girls Secondary School, Kitui East Constituency, Kitui County; and Embu County Mixed School, Manyatta Constituency, Embu County. In the Public Gallery, we have students from ACK Tigoni Senior School, Limuru Constituency, Kiambu County; Kikiini Comprehensive School, Mwingi West Constituency, Kitui County; Kyondoni Girls Secondary School, Kitui West Constituency, Kitui County; and Ilays Integrated Academy, Langata Constituency, Nairobi County. Hon. Edith Nyenze has asked for an opportunity to welcome a school from her constituency. Go ahead and speak for everybody else.

Thank you, Hon. Speaker, for giving me this opportunity to welcome all the students who have visited the National Assembly this afternoon. I welcome Kyondoni Girls Secondary School and Chuluni Girls Secondary School from Kitui County, and the others from Mwingi and Embu counties. I welcome all the students to the National Assembly.

In particular, I welcome Kyondoni Girls Secondary School, which holds a special place in my heart. I once taught there during my first posting, and I rose from classroom teacher to deputy principal and then principal of the school. I am really proud of this school. They are also my neighbours at home. Kyondoni Girls Secondary School, you are most welcome, and I am proud of you. This is one of the best schools in the constituency and in the country. They perform very well in their examinations, and I am very proud of them.

All the students here today are not just visitors to the National Assembly, but are also our future legislators, governors, presidents, doctors, and so much more. You can achieve all your dreams. I welcome you, knowing you are our future leaders who will uphold our Constitution. Go for it. You are equal to the task. I hope you leave this place inspired to be more disciplined, hardworking and patriotic. I wish you all the best, especially the Form Four students as they prepare for their examinations.

Thank you, Hon. Speaker.

Thank you. I join Hon. Nyenze in welcoming all the students, their teachers and those accompanying them to the House of Parliament.

Hon. CPA Julius Rutto, proceed.

Hon. Speaker, pursuant to the provisions of Standing Order 44(2)(c), I wish to request for a Statement from the Chairperson of the Departmental Committee on Lands regarding the alleged grabbing of land in Kesses Constituency.

The East African Tanning Extract Company Limited (EATEC) Outspan Block in Kesses Constituency reportedly owned approximately 2,673.94 acres of land. In 2000, the company resolved to subdivide the land and set aside 10.5 acres for the development of a school and a further 10.5 acres for the establishment of a trading centre. However, the land reserved for these public purposes was allegedly irregularly acquired and occupied by private individuals. Consequently, the intended school and trading centre have not been developed, thereby denying residents the anticipated public facilities and raising concerns regarding the ownership and administration of the land.

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

Chairperson of the Departmental Committee on Lands, when can you bring a response? Is there any Member of that Committee present? Clerk-at-the-Table, direct them to bring a response in two weeks.

Hon. John Makali, Member for Kanduyi.

Hon. Speaker, pursuant to the provisions of Standing Order 44(2)(c), I wish to request for a Statement from the Chairperson of the Departmental Committee on Agriculture and Livestock regarding the management of sugar imports into the country and their impact on the revitalisation and long-term sustainability of the local sugar industry.

According to the Kenya Sugar Board Strategic Plan 2025-2027, Kenya’s sugar consumption reached approximately 1.14 million metric tonnes in 2024, against domestic production of 815,454 metric tonnes per year, as per the Kenya National Bureau of Statistics (KNBS) National Agriculture Production Report, 2025, leaving a deficit of about 30 per cent. On 6th August 2026, the Cabinet Secretary for Agriculture and Livestock Development announced that sugar imports had declined from approximately 200,000 metric tonnes in 2025 to about 60,000 metric tonnes in 2026, citing improved domestic production and sufficient local stocks to meet domestic consumption. He further directed the Kenya Sugar Board to stop issuing any licences for sugar imports, declaring that domestic production was, for the first time, sufficient to meet the country's needs. This raises concerns regarding the accuracy of the determination and management of the national sugar deficit and the potential impact of additional imports on Kenya's rising sugar industry, including sugarcane farmers and other actors within the value chain.

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

Chairperson of the Departmental Committee on Agriculture and Livestock, Hon. Mutunga, when can you bring a response?

We can bring a response in two weeks, Hon. Speaker.

Pardon?

In two weeks.

No, next week.

Thursday next week.

Yes. Let us go back to Order No. 5. Chairperson of the Departmental Committee on Administration and Internal Security, proceed. I had already called out your name. Apologise to the House for coming late.

My apologies, Hon. Speaker.

Go ahead.

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

Report of the Departmental Committee on Administration and Internal Security on its consideration of the Strategic Goods Control Bill (National Assembly Bill No. 15 of 2026).

Thank you. Let us go back to Order No. 7.

Hon. Hussein Barre, Member for Tarbaj. Give the microphone to Hon. Hussein. Hon. Yusuf, give him way.

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 Communication, Information and Innovation regarding the status and operationalisation of digital hubs in Wajir County.

The Government has undertaken to establish digital hubs across the country to enhance access to digital services, digital skills and economic opportunities at the ward level. However, despite the construction of digital hubs in Wajir County, none is currently operational due to the lack of requisite computers and equipment.

It is worth noting that Tarbaj Constituency has completed the construction of a digital hub and made several requests to the Ministry of Information, Communication and the Digital Economy for the supply of computers to enable the facility to commence operations. Despite these requests, computers have not been supplied. The continued construction of digital hubs without equipping and operationalising those already completed raises questions about the effectiveness and sustainability of the programme.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Communication, Information and Innovation on the following:

Thank you, Hon. Barre. Chairperson of the Departmental Committee on Communication, Information and Innovation, Hon. KJ, when can you bring a response?

Hon. Speaker, on this one, we commit to bring a response in a week, that is, next Thursday. We will combine it with a similar request for a Statement, as we will be responding on the status of all digital innovation hubs.

Excellent. Member for Westlands, Hon. Tim Wanyonyi. I received a letter nominating Hon. Bishop Kosgei. Go ahead, Hon. Bishop Kosgei. Give the microphone to the Bishop.

Thank you, 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 Finance and National Planning regarding the implementation of exemptions provided under the Persons with Disabilities Act, 2025, with regard to imported assistive devices for donation to institutions of or for persons with disabilities.

Section 56(5) of the Persons with Disabilities Act, 2025 provides that equipment donated to institutions and organisations of or for persons with disabilities is exempt from duties and Value Added Tax to the extent provided under the tax laws. Further, Section 56(7) of the Act empowers the cabinet secretary responsible for matters relating to finance to make regulations to better carry out the provisions of the section. However, the National Environment Management Authority (NEMA), in a letter dated 12th August 2026 addressed to Hope Mobility Kenya, a charitable organisation, stated that the exemption provided under Section 56(5) of the Act does not extend to Extended Producer Responsibility (EPR) fees.

Consequently, the Authority indicated that under the Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024, it could not accede to the organisation’s request to waive EPR fees. The situation raises concern regarding the effective implementation of the reliefs contemplated under Section 56 of the Persons with Disabilities Act, 2025, particularly where assistive devices donated for the benefit of persons with disabilities remain subject to statutory fees and charges.

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

Thank you, Bishop. Chairperson, Departmental Committee on Finance and Economic Planning? Member for Kesses.

Thank you, Hon. Speaker.

Two weeks?

Let it be three weeks, Hon. Speaker.

Why three weeks?

Because we had already committed to the other one, and we can now push them together.

This one is very simple and direct. You can do it in a week.

Well guided.

Bring a response in two weeks.

Thank you, Hon. Speaker

Hon. Machua Waithaka.

Thank you, 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 Trade, Industry and Cooperatives regarding delays by the Kenya Bureau of Standards (KEBS) in certification and provision of the laboratory analysis reports for suspected counterfeit and substandard alcoholic beverages.

The Anti-Counterfeit Regulations, 2010 require samples of goods suspected to be counterfeit to be submitted to an approved laboratory for testing and analysis. The Kenya Bureau of Standards is mandated to undertake quality assurance and inspection of goods in Kenya. However, there have been considerable delays by the Bureau in analysing the samples and issuing the requisite laboratory reports. These delays have impeded the timely investigation and prosecution of persons suspected of manufacturing, distributing or selling counterfeit and substandard alcoholic beverages.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Trade, Industry and Cooperatives on the following:

Thank you, Hon. Waithaka. Chairperson, Departmental Committee on Trade, Industry and Cooperatives. Wapi Mhe. Shinali? Wapi Member for Aldai?

(Hon. Bernard Shinali and Hon. Marianne Kitany took their seats)

Member for Aldai, raising your hand does not respond to what the Speaker is calling you for. That Statement is directed to both you and your Chairperson. When will you respond, Hon. Shinali?

I will respond in two weeks.

Do you know which Statement it is?

Hon. Speaker, I overheard you while I was coming. That is why I rushed in.

There is a request for a Statement by the Member for Kiambu, Hon. Machua Waithaka. It is No.04 on the Order Paper. It is about illicit alcohol. Bring a response in two weeks.

I will bring a response in two weeks, Hon. Speaker.

Okay. Responses to Statements. Is Hon. Patrick Makau in the House? He is not. That Statement is deferred. Is Hon. Amos Mwago in the House? That Statement is also deferred. Is Hon. Mumina Bonaya in the House? That Statement is deferred. Is Hon. Stephen Mule in the House? He is in the House. (Hon. Gabriel Tongoyo spoke off the record) Yes, Hon. Tongoyo.

Hon. Speaker, I need your indulgence. I have heard you talk about the Statements sought by Hon. Mwago, Hon. Patrick Makau of Mavoko Constituency, and Hon. Mumina Bonaya, which have been slated on the Order Paper. Hon. Speaker, you ruled that when a Statement for response has been slated, and the Member is not present, it can be tabled instead of deferred.

Instead of deferring. So, I direct you to table the response to Hon. Patrick Makau; he loses the opportunity to interrogate the response. Amos Mwago loses the opportunity to interrogate the response. Also, Hon. Mumina, who was very agitated when she requested for a Statement, is not here. So, table the responses.

Thank you, Hon. Speaker. (Hon. Gabriel Tongoyo laid the documents on the Table)

They will read through and pursue you through different avenues. Hon. Stephen Mule is in the House. Are you holding brief for your Chairman? Do you have a response?

Well, Hon. Speaker, I think I was not well briefed on this one, so I beg not to respond.

Mule will hold it for a little while. If the Chairman comes, we will give him an opportunity to respond. Antoney Kibagendi? Again, that is finance. He is not in the House. Yes, Kesses? Okay. Kibagendi is not in the House. He deferred. Umul Kheir Kassim is the Chairman of the Committee on Regional Development in the House. Do you have a response?

Yes, Hon. Speaker, I have a response.

Table it. She will pursue any clarifications through different avenues. Hon. Leader of the Majority Party starts the Statement. Hon. Deputy Speaker, I am told you are holding his brief. Go ahead and present. (Hon. Umul Kheir Kassim laid the document on the Table)

Hon. Deputy Speaker.

Hon. Speaker, pursuant to the provisions of Standing Order 44(2)(a), I rise to present the following Statement on behalf of the House Business Committee, which met on Tuesday, 29th September 2026, to prioritise business for consideration during the week. Hon. Speaker, I wish to formally welcome Members back to the House as we commence the Third Part of the Fifth Session. I hope that, as we resume from the just-concluded long recess, we are ready to consider the upcoming priority business during the final part of the session. Regarding the business schedule for Tuesday next week, the House is expected to consider the following Bills at various stages, some of which are listed in today’s Order Paper.

Second Reading of the following Bills:

Thank you, Hon. Deputy Speaker. Next Order.

Thank you. Hold on. I will acknowledge, in the Public Gallery, Kathyani Comprehensive School from Mwala Constituency, Machakos County. On my behalf and on behalf of the House, we welcome the students, those accompanying them and their teachers to the House of Parliament.

Next Order. Second Readings

George Best, you are the one moving this Bill, I am told.

Thank you, Hon. Speaker. I beg to move that the Elections (Amendment) (No. 2) Bill (Senate Bill No. 29 of 2024) be now read a Second Time. This Bill emanated from the National Dialogue Committee (NADCO), established through a parliamentary resolution in 2023 to facilitate dialogue and consensus-building and recommend appropriate constitutional, legal and policy reforms on issues of concern to the people of Kenya. The Bill, therefore, is a consensus Bill. The parties in NADCO discussed and agreed on it at that time. It was to be initiated through the Senate, and the Bill was passed and brought to us for concurrence; now we have to deal with it during the Second Reading.

Thank you, Hon. Deputy Speaker. I rise to second this Bill as has been ably moved by the Chairperson of JLAC, the one and only Member for Tharaka, also known as Sir George Murugara. He is a very polished lawyer who worked with very serious law firms. Some people claim to be lawyers, but you cannot see any legal knowledge in them. However, when you engage with someone like Sir George, you understand why he is called Sir George, or why somebody like Hon. TJ is called CJ. This is because you can see the lawyers in them in everything that they do, even in their legislative work.

Leader of the Majority Party, for your information, I am the one who named him Sir George when we were at university. (Applause and laughter)

Hon. Deputy Speaker, I wanted to spare you that lest somebody asks how you got to name him Sir George when you were both students at the University of Nairobi. You and Sir George did not just attend any other university; it was the University of Nairobi.

As Sir George has ably moved, this Bill is part of the NADCO Bills. It is also one of the Bills that began in the Senate and sought to do a number of things as agreed during the NADCO process.

First, it aligns our Elections Act with the Constitution on the roles of the IEBC. Sir George has very well put that in his moving notes because the IEBC registers candidates for elections and political parties that will be involved in the elections. He also mentioned the role of the IEBC in nominations of political party candidates. Therefore, this Bill seeks to realign that so that we do not have the IEBC involved in party nominations.

Second, it removes provisions that the courts have since struck down or declared unconstitutional. Some of these provisions touch on the education requirements of candidates and parts of the recall law, or the process and requirements that were declared unconstitutional by the High Court. Therefore, we are just realigning with what has already been declared unconstitutional by the High Court. So far, nobody has gone back to the Court of Appeal or

On a point of order, Hon. Deputy Speaker.

Hon. Yusuf, what is your point of order?

I want to correct the Leader of the Majority Party. I do not come from northeastern. I am a Kamukunjian.

Hon. Deputy Speaker, I understand Hon. Hassan’s fear. However, he should not be afraid because Nairobi belongs to all of us. I know the fear that many of you are subjected to, especially in those small parties where you are told

Hon. Daudi.

Thank you, Hon. Deputy Speaker. I rise to support this Bill. This is a very important piece of legislation now that we are going to elections in 2027 and the only thing that it is doing is to clean up our election laws to follow the dictates of our courts that have declared several portions of that law unconstitutional. As Parliament and as a Committee, we want to remove those sections that have been declared unconstitutional from the laws of Kenya.

The other thing is that I heard the Leader of Majority Party talk about what these laws from the Senate propose regarding the position of MCA. It is unconstitutional and as a

Those who want to contribute, please press the intervention button. Hon. Mayaka.

Thank you, Hon. Deputy Speaker. I also rise to support these amendments to the Elections (Amendment) Bill (No. 2), Senate Bill No.29 of

Member for Marakwet West, Hon. Timothy Toroitich.

Thank you, Hon. Deputy Speaker, for giving me the opportunity to contribute to this important Bill. From the outset, I thank my Chairman, Hon. George Gitonga Murugara, and the people of Tharaka for sending a distinguished lawyer and advocate to this House. He can prosecute such very important Bills.

We are aligning our legislation with various court decisions. One of the most prominent cases in this country is the Maina Kiai case. In that case, the court held that results declared at the polling station shall be final.

Hon. Temporary Speaker, we have aligned that particular court’s decision with our elections Act. Therefore, we must align court decisions with our legislation. One of the most important provisions we seek to amend is found in Clause 3. For the avoidance of doubt, the proposed amendment provides that a person who registers as a voter during the period when voter registration is suspended for the purpose of a by-election, as contemplated under subsection 1B, shall not be eligible to contest in the electoral area affected by the by-election. The provision means that IEBC will freeze voter registration for a specified period. During that period, an individual shall not be eligible to contest. This will ensure that an individual does not register during a by-election and seek to contest for a seat while voter registration is frozen.

Hon. Temporary Speaker, in the context of Clause 19 of the Bill, I wish to differ with the Leader of the Majority Party. This particular provision is very progressive because it provides very clearly that a person shall not be nominated by a political party under subsection

Just before you conclude, Hon. Toroitich, do you have your copy of the Constitution?

Yes, Hon. Temporary Speaker.

Can you open Article 83? Because of your deep knowledge of law, I would like you to allow the House to benefit from your consideration of what is in Article 83(1) and (3), against what is proposed in Clause 2B of the Bill. In fact, you can read the entire Article 83.

Article 83 of the Constitution provides for registration of a voter. Article 83(1) of the Constitution says that a person qualifies for registration as a voter at elections or referenda if the person—

If you look at Article 83(3), which you have read, can you read it against Clause 2(d) of the Bill and make a determination as to whether that proposed amendment is necessary in terms of your own guidance. I am only seeking your views because you have some additional time to contribute.

Is that 3B?

It is 2(d). Letter D for dog.

Item 2(d) talks about inserting the word “valid” immediately before the words “Kenyan passport” in the definition of an identification document.

Yes. So, what it means is that if you got a passport today and it somehow expired, with the proposed insertion, if you are registered as a voter with that passport, you will not vote.

Yes, that is…

Now, if you look at Article 83(3), is that an administrative measure that is aiding registration or denying registration within the meaning of the Constitution? Because for you to be given a passport, it confirms you are a citizen. Could we have your thoughts on that?

That is an issue that came up in our Committee. Since my Chairman is here, we could get further guidance from him. I will be properly informed by my Chairman.

Hon. Chairman, have you made your contributions?

I have already. We have actually said there is a raft of amendments to the Bill, which we will be introducing during the Committee of the whole House. I ought to disclose that one of them is actually to propose a deletion of that proposed amendment, such that when you have a passport, even if it has expired, you do not cease to be a Kenyan. It is only that you may not use it to travel and you may not use it to do many other things, but for purposes of election, we cannot disenfranchise you by saying you cannot vote. Because if that is what you used to register, you use it to vote.

Before you sit down, Chair, the Kriegler Commission said amendments to election laws should be brought at least one year to.

Correct.

We are already within the year. What is so necessary for elections here that we have to pass this Bill?

Purely because even the IEBC feels we should do this. Number two, we feel it does not go into the substratum of the elections we are going to hold, but we want to make it easier for Kenyans to conduct next year’s elections without raising any eyebrows.

Thank you very much. Hon. Julius Rutto is recognised to make his contributions.

Thank you very much Hon. Temporary Speaker for taking cognisance of my interest to contribute to this particular proposed amendment.

Hon. Julius Rutto, before you proceed, my attention is drawn to the presence of Ruby Craft Adventist School, Karachuonyo Constituency - the constituency of Hon. Andrew Okuome Adipo - the great Homa Bay County. They are in the Public Gallery. The great students from my own county are welcome to the House to observe proceedings.

You may proceed.

Thank you. Allow me, at the outset, to also follow suit, and welcome the students from the constituency of my great friend, Hon. Andrew Okuome Adipo. To your knowledge, Hon. Temporary Speaker, I sit with him in the Departmental Committee on Finance and National Planning. He is a diligent man and full of wisdom. I know the students here are following in his footsteps. I ask them to work hard and be diligent in school so that one day, some will join us in this House to make the laws that progress our nation.

Hon. Temporary Speaker, on this particular proposed amendment, as Kenyans, we have had several engagements and discussions surrounding elections. After the promulgation of the new Constitution, we are all aware it gave a new face on the way to conduct our electoral processes and thereafter, there have been several pronunciations and rulings by courts emanating from disputes, especially on presidential elections.

We are fully aware in 2007/2008 there were disputes after elections. We had several enquiries including the Kriegler Inquiry which gave a report. We have cases like the Maina

Thank you. Hon. Kuria Kimani.

Thank you very much, Hon. Temporary Speaker. I thank the Committee for such a brilliant job on this particular Bill. I have two contributions to make. One of them is that I am looking at it from an accountant’s perspective. When you look at it from a lawyer’s perspective, how much does it cost to cast a vote in this country? I was trying to do a small analysis on how much it cost for a Kenyan to cast a vote in an election in 2022 and it was approximately Ksh2,600 per vote which is approximately US$20 per vote. How does that compare with the cost of casting a vote in other jurisdictions? For example, if we compare that with South Africa, it costs four times more in Kenya than it does in South Africa, which means that if a Kenyan casts a vote, it will cost four votes in South Africa.

The Chairman of the Departmental Committee on Justice and Legal Affairs is urged to listen very keenly to the contributions by Hon. Kuria Kimani on the cost of elections.

Thank you, Hon. Temporary Speaker. I started by saying the lawyers are having their day on the legal issues. The accountants would want to give a fiscal side, the numbers side. I know CPA Mayaka is listening very keenly. Let me repeat for the sake of clarity. It cost Ksh2,600 in the last election to cast a vote, approximately US$20. The cost of one vote cast in Kenya would have meant four votes in South Africa. That means South Africa’s four votes are equal to the cost of one vote in Kenya. Better still, for Ghana, it is ten votes, which means that the cost of our elections is extremely high compared to global standards.

If I give an example of the United States of America, the cost of a vote in a State like Oregon is that one Kenyan vote costs 8 votes in Oregon. In the United States of America, the elections are held differently per State, but if you check the benchmark for the whole country, it is still four times cheaper than one vote in Kenya which means that even as we think about these elections, we must think as Kenyans what the actual cost of casting a vote is. Even when this is a very important democratic process, where does this money go? How do we make sure that we reduce this cost? I was sharing with the Chairman of JLAC and he informed me that this financial year, they allocated Ksh48.7 billion to the IEBC and the IEBC was asking for a lot more. According to the IEBC, this means that even the Ksh2,600 which is much more expensive than the global average is still not enough for them to run this election. That was point number one.

The other point is that if you look at Article 103 of our Constitution, on the matter of belonging to a political party, I am elected by the great people of Molo Constituency on a United Democratic Alliance (UDA) ticket. This means that when the people of Molo went to vote, there were two factors that were very important. One, there was a name. My name on the ballot paper was Francis Kuria Kimani. But number two, there was a party symbol and that was UDA. This means I am in this House because of my own campaigns or my own contribution as Francis Kuria Kimani. But also, importantly, I am here because of the party that sponsored me to this House, which is UDA. This means that UDA and I have a contract of five years, until I seek a different mandate in the next election. But then, at what point do you change your party?

Hon. Temporary Speaker, if you compare this with the Political Parties Act, it is very clear that there is no room for party-hopping. That is very clear under Article 103 of the Constitution and under our Political Parties Act. What we may want to look into in this particular amendment is what the consequences are if we do not adhere to Article 103 of our Constitution and the Political Parties Act in terms of party-hopping, so that you do not just

Hon. Kimani, before you sit, Hon. Gitonga Murugara was seeking to inform you. Do you want to be informed?

Hon. Temporary Speaker, Sir George Murugara, a qualified, competent, experienced lawyer, can inform me any time of the day.

Thank you very much. I have two points, Hon. Temporary Speaker. One, it is good to say why our election is that expensive. And this is fascinating because, in Africa, Kenya conducts one of the best, most verifiable elections. This

On a point of order, Hon. Temporary Speaker.

Chairman, you are not yet done. You wanted to inform Hon. Kuria Kimani. Hon. Kimani, do not worry. You will have a rebuttal in my guillotined time for this purpose. Where are our ballot papers printed?

Some of them are printed out of the country, and it is purely because of security.

And our currency?

Now it is out of the country. We used to have De La Rue here that did a good job. Remember, De La Rue does not need to be anywhere. To be frank and honest...

Why can Government Printers here in Kenya not print the ballot papers?

They cannot because of the security features.

Hon. Murugara, as the Chairman of the Departmental Committee on Justice and Legal Affairs, I want you to clarify. Before I give the Hon. Leader of the Majority Party time to also inform Hon. Kuria Kimani, if he agrees, there is a country we visited called Estonia, and people vote from their phones.

Oh, yes. We are moving towards that. In the United States of America, very little paperwork is done.

Hon. Murugara, beyond the many security features in your ballot papers and your engendered lack of public trust in Government Printers, why should a single vote in Kenya cost more than Ksh2,000?

It is purely because of credibility. In the first instance, that ballot must be credible. However, because of our literacy levels, we cannot do much on telephones or in our houses. We still have to move physically to a polling station.

Hon. Murugara, as the Chair of the Departmental Committee on Justice and Legal Affairs (JLAC), you know that at every polling station there are Independent Electoral and Boundaries Commission (IEBC) officials who are required by Article 88 of the Constitution to secure the sanctity of the electoral process. Each candidate also has an agent.

Absolutely.

So, where is the problem?

The problem is that if you are not careful with the security features, especially in Kenya, your ballots will be stuffed.

The Leader of the Majority Party is interjecting.

Hon. Temporary Speaker, I have immense respect for Sir George, whom I know to be a believer in Kenya. He ought to also be a believer in Kenyan corporates.

First, De La Rue is not a government entity. It is a private corporate entity. It is also not true that our currency was being printed outside the country. For years since Independence, we have printed our currency locally. It is only in the last contract that De La Rue lost to a foreign competitor through a bidding process because it was an international tender. However, that is not to say that we do not have the capacity in this country to print with all the necessary security features, including watermarks and the metallic strip. It is sad that I do not have any currency on me; perhaps Sir George can help me in that respect. Our currency, as printed today, is also printable here. We have the capacity to print it. It is not that the country lacks capacity; it is our attitude as Kenyans. There is mistrust amongst us, and not among ordinary Kenyans. That mistrust is driven by politicians who tell Kenyans that if these ballot papers are printed in Kenya, their elections will be stolen.

Hon. Temporary Speaker, as you guide Sir George, I want to agree with you that the IEBC is obligated to ensure that the sanctity of the vote is protected. Besides having agents, you also have observers. I have been on observer missions in the United States of America (USA) and the United Kingdom (UK), and when you go to those countries, you realise that the most policed or prefected election you will find anywhere in the world is in Kenya. We have the most prefected election because we lack trust in each other. It is not Kenyans who are to blame, but politicians who mislead them, largely because we are unable to transact our politics on the basis of ideas and ideologies that we can propagate to the people of Kenya. We want to sell hot air and nonsense, ethnic bigotry and hatred, as you have seen in the recent past. If we developed an agenda to sell to the people so that we could compete on ideas, our politics would become a competition of ideas on how to move Kenya forward. Today, tribal bigots are competing over who can best mobilise their ethnic community against other ethnic communities. That is where the problem is.

I want to inform Hon. Sir George that we have the capacity in this country. Indeed, we should be leading the way in ensuring that our ballot papers are printed locally. In this day and age, with all the knowledge in information technology, there is no reason for us to print anything outside the country. It is possible to produce ballot papers with barcodes in this country, and that can bring down the cost of printing. I know Sir George listens a lot to the IEBC and other tenderpreneurs who appear before committees to justify the high cost of conducting elections. The Departmental Committee on Justice and Legal Affairs oversees the IEBC and they listen to them when they appear to justify the huge budgets. However, as responsible leaders, we must be in a position to moderate those costs.

When I looked at your body language, that is the direction you were prompting Sir George, as the Chairman of this Committee, to begin thinking about moderating the cost of our elections. It is true that democracy is expensive, but it should not be as expensive as it is in this country. In the Bill, we are separating the roles of the IEBC in terms of registration of candidates and party nominations. Which political party in this country prints ballot papers for its party nominations outside the country? Yet, we trust the party nomination process. The candidates who proceed to the election through the IEBC have been nominated through a process that does not meet the same threshold as the one we are putting in place for the IEBC.

On a point of order, Hon. Temporary Speaker.

Member for Ol Kalou, you cannot be on a point of order against a point of order.

Hon. Temporary Speaker, the Member claims that he wants to inform me yet I am on a point of order. It is good that you are educating him. This is part of the learning process he should be going through. When a Member is on a point of order, you cannot be on another point of order. When you want to inform a Member, it is that Member’s prerogative to allow you to inform him, as Hon. KK allowed Hon. Murugara to inform him.

Having said so, the Member for Ol Kalou cannot inform me on any subject under the sun other than growing beards, and I do not desire to grow beards. Other than the AI-generated maiden speech he made in this House, I have nothing else I can get from him.

Order, Hon. Ichung’wah. You stood on a point of order. You cannot do anything other than the issue you are to address. Hon. George Murugara, the Leader of the Majority Party intervened when you were informing Hon. Kimani Kuria. Did you give all the information you were to give to Hon. Kimani Kuria? Please, conclude.

I was to conclude with De La Rue. As much as it had a foothold here, it was not a Kenyan company. It is a French company. It is the one that prints French Francs and other currencies for countries all over the world. The reason it lost…

Hon. George Murugara, we do not want to lose the point being made by Hon. Kimani Kuria and Hon. Ichung’wah. The question is why the Government Printers cannot print the ballot papers considering that during voting, every candidate has an agent, and the votes are counted and the results are declared at the polling station. Also, according to the Kiai ruling, those results are final.

Hon. Temporary Speaker, the ballot must be sacrosanct, and we have done it before. Possibly, we have done it locally and had issues. That is the reason as to why we have developed the 10 security features. I do not know whether if we printed the ballots at the Government Printers I would have my reservations, but I leave that to myself. It is the 10 security features which are very important. The reason is that sometimes you can print the ballots out there and they are cheaper than when you do it here. An example is the currency we have been talking about. The reason as to why De La Rue lost the contract is that it became too expensive to print the money locally, and some other company out there said they would print the same money cheaply. We have to look at all the aspects, including whether printing the ballots locally is cheaper than printing them abroad. I leave it at that level.

You have given the information you were to give. Hon. Kimani Kuria, have you been sufficiently informed?

Yes.

Can you then conclude your contribution? You only have two minutes to do so.

Hon. Temporary Speaker, there are two important facts that the Chairman seems to miss.

On a point of order, Hon. Temporary Speaker.

Yes, Hon. Millie Odhiambo-Mabona.

I cannot be out of order.

Thank you, Hon. Temporary Speaker. I am just concerned that in this House, the issue of beards has taken a very prominent place. Are beards parliamentary? You need to make a ruling on this because the beard seems to be an issue of concern to Hon. Kimani Ichung’wah. I do not know if he is scared of them because he says the only thing that scares him is beards.

Are beards parliamentary? If they can scare Kimani Ichung’wah, what about the women? This is not only an issue of whether it is parliamentary, but also a gender issue. If you read the Bible in the Book of 2 Samuel…

Hon. Millie, what is your concern with the beards?

Yes, are beards parliamentary? In the Book of Samuel, when King David sent his emissaries to send condolences to another country, to embarrass them, they cut off their beards halfway. So, I do not know if maybe that is what Hon. Kimani Ichung’wah seeks to do here - to cut off those beards. That is why I feel the beard should not be allowed in Parliament. Everybody should come in uniform, with no beards in Parliament.

Yes, my ruling has been requested in that regard. How we should appear in the House is prescribed in the Standing Orders. In terms of how we appear, we are required to be neat and dignified in our appearance, and the manner in which we should dress is also prescribed in the Standing Orders. For all our purposes, therefore, it is not unparliamentary to be bearded, save that the beard should be well kept like the beard of the Member for Ol Kalou, and not the other beard I see in our sister House.

Yes, Hon. Kimani Kuria, conclude.

Hon. Temporary Speaker, Hon. Millie Odhiambo might have missed the complete sentence of the Leader of the Majority Party. He said that he is only scared of intellect. Intellect is what matters in this House, nothing else.

In my conclusion and reaction to what Hon. Murugara has said, let us not lose track of the cost of printing a ballot paper in this country. I said it is the highest in the world at US$20, or around Ksh2,600. The Chairman of the Departmental Committee on Justice and Legal Affairs is completely out of order because of what he claimed when informing me about the security features in a ballot paper. Let me inform him. The cost of printing a banknote in Kenya is Ksh6.84. We spend Ksh6.84 to print a Kenyan banknote. With all the security features that you see in the Ksh100, Ksh1,000, Ksh200 and Ksh500 notes, it costs only Ksh6.84.

The new notes issued by the Central Bank of Kenya were printed outside the country, in Germany. That was the first time it happened. If our notes can be printed at Ksh6.84 in Germany, there is no way you can tell us that because we have security features on a ballot paper, then it costs us Ksh2,000. Most importantly, what is the cost of printing the ATM card that you use—that Visa Card or MasterCard, which is even tailor-made? It has your name on it. Whether you have a Black Card or a Gold Card, it is tailor-made for you, with even your name. It costs between Ksh20 and Ksh60 to print that card. That includes printing, lamination, the chip incorporated in the card, whether it is MasterCard or Visa Card, cutting and personalisation. Even if you are now like Hon. Kaluma and your card reads “Hon. Kaluma”, if you wanted “Senior Counsel Kaluma”, even personalising that card costs between Ksh20 and Ksh60. How is it costing us Ksh2,000 to print an A4-sized paper for a ballot paper? It is incomprehensible. It is a waste of public funds, and there is no excuse for how much we spend on it.

The Committee must look at the cost and make sure that the cost of elections does not become too expensive, especially when we have many other priorities as a country; like education, healthcare, infrastructure development and electricity infrastructure development.

Let us have Hon. (Dr) Gideon Ochanda. He will be followed by the Member for Ol Kalou.

Thank you, Hon. Temporary Speaker. If you look keenly at the amendment Bill, it is largely the NADCO Report recommendations and the Judiciary resolutions. As we sometimes lament over the Presidential Memorandum, when memoranda are brought back to the House from the Executive, we need to lament similarly as we look into this issue, particularly the Judicial referrals when we have a legislation with unconstitutional provisions. For purposes of this amendment Bill, we have five or more amendments that are basically Judicial resolutions. These are things that our good friends, Hon. Kimani, the Leader of the Majority Party, and Hon. Murugara were debating.

On the cost, if you look at how we are going to implement this amendment Bill on issues around a polling station, you will realise that there will be additional costs even with this amendment Bill. That is where the Chairman, Hon. Murugara, should look at. What are the additional costs that this amendment Bill is placing on us per polling station? If you look at the Bill that way, you will realise that it is going to cost us much more. I will get back to that.

One thing that is very good and important in the amendment Bill is the issue of constant voter register inspection. The IEBC commissioners and their staff at the constituency offices are permanent. I have been wondering why inspection of voter register is done only twice or thrice within a five-year period. Therefore, this is a critical amendment. It is good that it remains a permanent feature until 60 days away from the date of election. In my view, that is a good amendment. Everybody will have space and the register will be open throughout in offices so that it can be inspected any time.

I want to connect what I was talking about previously and the burden that this amendment Bill will place on a presiding officer. There are administrative, logistical and financial burdens that are bound to be placed on a presiding officer with these proposed amendments that we have in the Bill. If you look at the electoral law critically, returning officers are only at two levels. We have a county returning officer and a constituency returning officer. In Nairobi at the tallying centre level, in real sense, we do not have a clear term for a returning officer. At the polling station level, we also do not have a clear term for a returning officer. We have a presiding officer.

However, if you look at this amendment Bill, there is a lot of work that is placed on the presiding officer that is much more than any other returning officer. Presiding officers are the people who work in the remotest parts of the country. They work at polling stations which, as we know, have all manner of challenges, including transport and communication networks. They are now going to be given such a huge role here. In the first two hours after the closure of a polling station, they are supposed to send in the election results, the first one being the presidential result which they must do as a first charge function. There is usually all manner of candidates at the polling stations. This legislation is proposing that the presiding officer must give the tally of voters individually to the candidates. If you look at the number of candidates that are usually at a polling station, you will understand the kind of burden we are placing on a presiding officer. Besides that, they are also supposed to give the results to observers at the level of the polling stations. So, if you look at the Bill critically, the administrative burden that will be placed on the presiding officer is so heavy. Their results for the Presidential election will be final. If you look at that hierarchy of electoral officers, they are the lowest officers yet they are the ones with the biggest responsibility in terms of the elections that we are talking about.

Hon. Ochanda, just on the point that you were making, can you look at Clause 20? Do you have the Bill? The clerk will pass to you the Bill. In Clause 20, there is the proposed New Clause 38A(b).

Hon. Members, I am insisting that we interact a bit more with the Bill because it concerns elections as well as their costs, verifiability, transparency and integrity.

The Chairperson of the Justice and Legal Affairs Committee has, again, stepped out. Hon. Ochanda, you do not have the Bill?

It was erroneously carried away by my neighbour, Dr Nyikal, but I can look at yours, Hon. Temporary Speaker.

Clerk, give him Clause 20. Hon. (Dr) Ochanda is so sharp. He did not carry his Bill, but he made very relevant contributions. Now, if you are looking at Clause 20, the proposed New Clause 38A(b), can you just read it to the House within your time?

Hon. Temporary Speaker, New Clause 38A(b) reads as follows:

38A. The Commission shall—

You now see the point you were making in terms of costs. Before a polling station is designated as such, it is initially gazetted as a registration centre. The voters register there and it is populated to some number, then it is made a polling station. Why do you need to require by law the publication in media with national circulation as a mandatory requirement of the names of polling stations where people have already registered anyway? So, I was just urging the Chairman of the Justice and Legal Affairs Committee to, in line with your point, look at such provisions and see whether they are just increasing costs or they are really serving any more meaning.

You are very right, Hon. Temporary Speaker because there is quite a bit of duplication if you look at the Bill critically, in terms of things that go back and forth.

Thank you. The Member for Ol Kalou is now recognised to make his contributions. Had you made your maiden speech?

Yes, I did. Thank you, Hon. Temporary Speaker. First, I want to respond to the issue of whether a person holding an expired passport should be allowed to vote or not. As you are aware, a few months or years ago, they introduced a system where even identity cards would have expiry dates. Knowing the status of our economy right now, some people may not have renewed their passports. That is something that

On a point of Order.

What is out of order, Hon. Fatuma?

Hon. Temporary Speaker, I am not a member of the UDA Party, but I belong to the biggest party, namely the Orange Democratic Movement (ODM), which is followed by UDA in size. The issue that the Member is raising here—calling a political party a bandwagon and claiming that somebody had already joined that party—I do not think that is the matter we are discussing here. We are discussing a very important issue. This is not a political rally. Such statements are for political rallies. So, I am begging the Member to stick to the matter before the House. Although I am also a first- timer, I can give him a few lessons. I was in this House before him. We should stick to the matter we have at hand.

Member for Ol Kalou, proceed.

Thank you, Hon. Temporary Speaker. You know, the Member…

Order!

I am sorry, Hon. Temporary Speaker.

Hon. Member, there is, within the Standing Orders, a rule on relevance. Therefore, just keep to the Bill. The Member will now make his contribution.

I quite agree, but it is something that was addressed on the Floor. The Chairman of the Departmental Committee on Finance and National Planning, if you allow me…

Hon. Member, you are making contribution on the Bill.

I am addressing Article 103.

You are not allowed to revisit matters which are not on the Floor.

Thank you, Hon. Temporary Speaker. I said Article 103 had been well deliberated upon by the Member and the Chairman of the Departmental Committee on Finance and National Planning. He said that Members must stick to the political house or the political—I said bandwagon. It is English. That is a vehicle that takes you wherever you want. You must stick to the bandwagon or the party that took you to office.

I wish to say here that the reason as to why the costs of elections are high is because of systemic reasons related to why people have had reasons not to trust the actual process. I believe you are a member of a political party where the party leader - may God rest his soul in peace - had to endure a systemic challenge. It was not even mistrust; he had been castigated by a process that people believed in. We say we must print our ballot papers outside the confines of our country because of situations where people believed that elections had been carried out in the wrong ways. So, if we can instil public trust, I believe the cost of holding elections will go down.

You have vindicated yourself very well for the entire world to see the intellect you have carried to the House.

Next is Hon. Thuku Kwenya.

Thank you, Hon. Temporary Speaker, for this opportunity to add my voice to the debate on the amendment Bill. As many speakers have stated, elections in Kenya are very contested. They are contested because of the emotions that come with them. Therefore, the need to try and strengthen our electoral laws is not something that we can overstate.

As much as we do this, we must also be very cognisant that our country does not come to an end, and the elections are not an end in themselves, but a beginning of a journey of five years during which we are supposed to serve our people. Spending a whole Ksh50 billion on an electoral process is self-defeating and painful. I am saying this because I have listened to previous speakers trying to give an analogy of how much money we spend even in terms of printing some of the most sensitive documents that we hold. From a banker’s background, I wonder how it is that we trust everything else but not our own processes in terms of electoral processes. You trust a system that you use every day to transact your money, yourself and your family. That is so dear to you. We trust a platform where we transact and trust that our money cannot be stolen; not even a shilling. However, we cannot trust that we can hold elections the same way, have an election that is moderately financed to an extent that we can reduce the Ksh50 billion budget allocated to it to just Ksh5 billion and conduct the election by the dint of having a phone, casting the vote and trusting that the process of voting can be verifiable because it is possible to audit a system.

We want to invest money to print an A4 paper. I have listened keenly to the Chairman of the Departmental Committee on Finance and National Planning enumerate how much it costs to print that single ballot paper. It cannot be. It is mind-boggling to even think that we are spending about Ksh2,000 to print a single ballot paper. It is not something we can allow to pass if we are a responsible Parliament. We must start bastardising the whole idea of mistrust so that we come back and start trusting our systems.

This Bill is trying to cure some issues, but is still introducing some very painful reality that would cause our elections to be very contested, especially on the issue that has been brought out about passports. The fact that you hold a passport that has an expiry date means there is a reason as to why you are required to renew your passport. It is possible to hold a dual citizenship. It is also possible to lose citizenship. If you lose citizenship and you are still a holder of an expired passport because you cannot renew it, because you lost your citizenship and you are allowed to vote, is that not an illegality?

Hon. David Ochieng’ is recognised to make his contribution.

Thank you, Hon. Temporary Speaker. It is so unfortunate that since you and I have been in this House, the laws concerning elections are always brought at the tail-end of Parliament. I have been looking at what is being proposed here. There is nothing we did not know we would need to change in 2022, 2023, 2024 or 2025. Why must IEBC wait until the tail-end of a Parliament to bring amendments? You know, the

How many more minutes do you need to conclude?

Three more minutes. It is wasteful that every single year there are known vultures waiting for elections. If you go to court today, you will find that the vendors who were in court during the last election are back in court today. This occurs every single election year. I believe we should remove the idea of procuring from the IEBC. The IEBC should just use whatever technology it is given. If it is ballot papers, we can procure them through the ICT Authority so that they stop getting mired in tender wars and can focus on their core mandate of running elections.

The idea of 700 voters per polling station is a scientifically derived number based on the fact that every voter would take one-and-a-half to two minutes. Allowing a larger capacity of up to 1,000 people, in my opinion, opens up the polling stations. Our voting times are fixed. They open at 6.00 a.m. and close at 5.00 p.m. Therefore, you can estimate how long the process will take. In my opinion, this is not a well-thought-out amendment, and the IEBC should forget about it. We have polling stations, and we know they can accommodate 700 people. Let us leave it at that and ensure that this process happens in the right manner.

Further, I believe the IEBC has no business in party nominations. Parties are clubs. If they decide they want to give me a direct ticket, so be it. Why should the IEBC get involved? Parties should be allowed to run independently. They should not be inviting the IEBC into their local and internal affairs. The only thing that must be done is to ensure that the Office of the Registrar of Political Parties properly strengthens the parties and has systems that can assist them in managing their affairs independently.

Hon. Temporary Speaker, I am pleased that we are finally undertaking something that is standard practice in all countries. The process of submitting papers to the IEBC is called candidate registration, not nomination. We are changing that law to align ourselves with the rest of the region regarding the day when those who aspire to run submit their papers. I wish we were not debating any amendments at this point in time, but because they are here, we will support them. However, when they fall short, we will shoot them down. I yield and thank you so much for your time.

Thank you, Hon. David Ochieng’, for those informative contributions, which can only come from a party leader. Yes, Hon. Fatuma Mohammed.

Thank you, Hon. Temporary Speaker, for this opportunity. I support the amendments, but I have an issue with Clause 8A. It introduces a restriction that is not expressly required by the Constitution. Being registered in a different area does not make one less Kenyan because of where one lives. If I am registered in area A and happen to be living in area B now, it does not make me a lesser person based on my current residence. During the election period, I can decide to get married in another constituency. Just on the day of the election, I may move to another constituency, but now, because I do not reside in the place where I was previously registered, it puts me at a disadvantage. This is very punitive.

Hon. Temporary Speaker, may I inform Hon. Fatuma?

Hon. Fatuma, do you want to be informed?

I will allow my sister to inform me.

Please, proceed.

Thank you, Hon. Temporary Speaker. If, for example, our election is on the 8th, Hon. Fatuma is saying that she moved from where she

Hon. Temporary Speaker, I appreciate my sister informing me, but she moved too fast. She should have allowed me to finish my statement so that she understands where I am coming from. Right now, I am a registered voter in Nyatike, at Macalder Primary School. I can decide to move to Suna West and live there. When the registration period closes, I am registered at Macalder Primary, but for business purposes, marriage, or any other reason, I have moved to a different area. That was my place of birth. It does not make me a lesser person in that county or a lesser citizen within the country. That is what I am trying to convey. This is very punitive, especially to women. I am speaking as a woman because I know we can fall in love and get married at any time. And for the record, I am not married. I am looking for a husband. Hon. Dorice, you can give me one if you have a rich Kisii husband. This is very punitive. It will not be beneficial to Kenyans. I do not understand why we should bring such a restriction when we have other ways of solving the existing problem.

The Bill will undermine the freedom of political parties. For example, if I have been residing in Nyatike all my life and registered as a voter there, but later move to Nairobi and become active in politics here, that should not be a reason for the IEBC to punish me or question why I am involved in Nairobi politics. I may have chosen to stay in Nairobi because I understand the politics here or because I support a political figure such as the governor, senator or any other leader. The fact that I am registered in Nyatike should not mean that I must return there. I find it very punitive.

Article 24 of the Constitution provides that when legislation limits a constitutional right, the limitation must be reasonable and justifiable, considering factors including the purpose of the limitation, its extent and whether there are less restrictive ways of achieving the same objective. We should question the specific problem Clause 8(A) is trying to solve and whether we have to put in place a punitive Act that restricts and punishes Kenyans for moving around in their own country. We cannot deal with this situation by punishing others in that manner.

New sub-section 8(B) provides for equitable representation from all wards. Why does the new sub-subsection 8(A) propose to disqualify a Kenyan through the IEBC? I might not have moved from Migori to Nairobi because I do not like it; I might be looking for greener pastures. I should not be punished for that.

Another issue is that the Bill proposes that when one goes to vote, they produce the identification they used during registration. This means that if I registered using my ID and I lose it a few days before the election, I cannot use my passport to verify that I am Kenyan, even though it has my picture and the ID number. This shows that we are trying to make one form of identification more powerful than the other through the IEBC Act. If the proposal passes, the IEBC will have the power to decide whether your identity card is more important than your passport and vice versa. My take is that even if you registered using your ID and it happens that you do not have it when voting, one should be allowed to use their passport. I find that very punitive.

During the election period, a lot of things happen, and we know how goonism is going around in this country. Recently, during a by-election conducted a few months ago, IDs were bought for Ksh2,000 and Ksh5,000. So, if I were to be pushed by poverty to sell my ID and I decided that I still want to vote for my candidate of choice, I should be allowed to use my passport. I am not encouraging the selling of IDs; I am giving an example.

Hon. Yusuf, do you want to contribute to this? Because of your rank, proceed. You have sat through, but I am not seeing your request. I think there is a problem with the technology.

Thank you, Hon. Temporary Speaker. I rise to contribute to the electoral proposal by our brother, Hon. Murugara, the Chairman of the Departmental Committee on Justice and Legal Affairs. I want to address three points. First, every country is different and peculiar. I have lived in many countries, and when I come back to Kenya, I always wonder why we cannot do things the way they are done in other countries. However, we are different. Our mindset is different; our behaviour and political culture are different.

If you are in the United Kingdom (UK), you would not even know that an election is taking place. It is just an ordinary thing. People go about their business, vote and move on. Britain does not even have an electoral commission to do these things. Elections are conducted by the local authorities. However, we have established all these institutions to ensure that we have free and fair elections and protect the stability of our country so that everybody is satisfied with the results.

Hon. Yusuf, I was not just bothered about expired passports, but you know our IDs now expire after some time.

Yes, I have noted.

Currently most of the people are registering for the first time. Assume it is targeted that we will have 27 million voters up from 22 million in the last election. This means that largely, they will be new voters. These are the people reaching adulthood now. It means also that in some 10 years, you can imagine all those voters’ IDs will expire. So, do we talk about expired passports not being valid for those who acquire citizenship by registration or for citizens by birth? Because for citizens by birth, for purposes of being registered as a voter, you just need a passport to confirm you are a citizen. Political right is for citizens. Now, if you are a citizen by birth and after 10 years your ID that you used to register as a voter expires, can you not vote using that ID? That is separate from a citizen by registration and application. Is it not?

Hon. Temporary Speaker, as legislators, we need to think out of the box and maybe bring about a new type of ID which also serves as a driving licence and a medical insurance. Digitalisation would help resolve some of those problems. Maybe we should move on from this single document like an ID. Also, the driving licence could also be a voter’s registration card.

In fact, you are right because the Constitution says ‘it will be a citizen’. The Constitution does not specify passport or ID.

Exactly.

These were only prescribed in the Elections Act because they are means of confirming you are a citizen. And that is why I am asking, if you are a citizen by birth, does the fact that your ID or passport has expired make you cease to be a citizen?

It does not, but it stops you from enjoying certain rights because there are regulations to those rights. Even with SHA, you cannot just go to a hospital and say, I am registered for SHA. You have to show that you are registered for it, but you know there are some countries that do not even have an ID at all. IDs were introduced to African countries through the colonial system to control populations. In the metropolitan areas, people do not have IDs yet they remain citizens. They have the powers to vote and enjoy all the rights of a citizenship.

The other issue that I would like to raise in addition to the passport issue is that representation is a local issue. If you will become a representative, that is, a Member of Parliament, an MCA or a nominated person, you have to be registered at a local point to identify with that particular population. Therefore, to say that you can be registered as a voter in Marsabit or in Turkana and you can be nominated in Nairobi is not good for democracy. This is because the people of Nairobi would feel like you are an outsider. You do not even live here; you are not even registered here. Therefore, you do not have the legitimacy that you would normally get if you were a locally registered person and you voted in the neighbourhood where you are and you are nominated from that local neighbourhood that you live in. That is the reason why many countries require that you live in the area where you want to be elected. For example, in the United States of America and in Britain, you are required to be registered and have an address in the constituency or location where you will run for office. It is because even though you are a citizen of the country, you cannot move from another location to run for election in another place. There has to be a rule in which we can say that you are registered in that local area and you would vote in that local area and you would run in that local area. That is the essence of democracy and we should protect that particular rule.

Again, some good thoughts there for the Chairperson of the Departmental Committee on Justice and Legal Affairs to carry on board as we progress consideration of the Bill. Chairperson, why should the auditing of the voter register be contracted to an independent person or entity instead of the IEBC itself, which is independent and which is bound to a code of conduct and who can be overseen by Kenyans? Hon. Yusuf, why do we say that we have to send the register of voters, for instance, to PricewaterhouseCoopers (PwC), whom you pay billions of shillings, and then such provisions are in law? These are the things we want the Chairperson to think about in terms of necessary amendments to the Elections Act. Chairperson, would you like to say something? I cannot see such amendments in this Bill.

Hon. Temporary Speaker, it is purely manpower. One, the IEBC is not able to do some of these things itself. Two, it is for purposes of trust. When an independent person does the audit out there, the report has more confidence than when I do it on myself. People will say, sorry we do not know what it is you have cooked in between. So, they possibly trust PwC.

Hon. Yusuf, you hear the debate again. This is the Independent Electoral and Boundaries Commission. They are overseen by Parliament, the representatives of the people. But even in terms of just employing their CEO, they are told to engage PwC to do it. In terms of auditing the register, which they are mandated to establish under the Constitution, you delegate it to a third party who is not subject to parliamentary oversight. This is just the same mistrust you are talking about. We are paying entities to do work which we are already paying the IEBC and their staff to do.

Is Hon. Peter Kihungi in the House? He is recognised to make his contributions. He stepped out for other parliamentary duties.

Hon. Adan Haji, would you like to contribute to this Bill or you want to deal with the next Order? Yes, Hon. Jematiah Sergon, Member for Baringo County.

Thank you so much, Hon. Temporary Speaker. I also want to contribute to this Bill. From my colleagues’ contributions, we still have a long way and need to have more conversations on the IEBC matters. Kenya is a very political society. Sometimes, as politicians sitting in Parliament, we think we are the politicians until you meet the voters who are the real politicians and they give us most of the challenges we face today. Going through this Report, I will pick on a few areas of concern, particularly the literacy levels.

The Report says that the education requirement for registration as a candidate for election as an MCA is declared unconstitutional. This puts a rope around our necks and kills the importance of education in society. Honestly, we already have problems in the counties today. An example, literacy is a key component of leadership. It is one of the reasons why we have problems in executing policies, not only in counties, but also in the national Government. Even at the Executive level, people may be unable to comprehend and fully implement policies because of illiteracy. Illiteracy does not simply mean that you just need to go class and pass exams. It is also exercising and understanding once policies are put in place.

For instance, the IEBC may intend for us to elect a governor who is not literate or who has no capacity to manage county resources. In the first instance, we made a mistake by electing governors. These are people who are supposed to be managers; probably be appointees, responsible for sitting and organising a county’s resources and delivering without prejudice. Today, for instance, if you go to Hon. Mohammed’s county—and I say this with all due respect —the way they conduct their elections is interesting. They sit down and allow clans, or practise clannism, and agree that one clan should provide the governor, another the senator, another the woman representative, same for all other seats. When they do that, they are unlikely to give us the best-qualified governor.

They choose someone because of the clan. That is why, as Kenyans, we pay taxes and expect governors to address issues and manage resources, but end up with patronage. Someone may say, “I was given this position through my clan,” or, “someone sponsored me as a governor,” and so today, I am unable to do the work because I have to give back. There are many other related issues. This concern about illiteracy also extends to MCAs. My county governor receives up to Ksh10 billion from the Exchequer in a financial year, but look at the people we have given the opportunity to oversight the governor. Some of them have not gone to school. Many are in those positions because we have allowed people to elect them without scrutinising these things.

Education is very important. I am ready to debate this matter further and to allow Hon. Murugara, the Chairperson of the Departmental Committee on Justice and Legal Affairs, to look into it. We cannot allow this country to be run anyhow. That is the importance of going to school. Communication is another aspect. In addition to implementation, you have to communicate what you are legislating. You should provide proper information. When you are unable to do so, or are not literate enough, it becomes very difficult to deliver. That is why we have problems today, right from the county to the national level. Hon. Ochieng’ said that some Members are unable to debate because they are not literate enough to understand many of the policies.

Secondly, in my opinion, I would not have a problem with the IEBC conducting party elections. The only problem I might have is that, if there is a dispute within my party, the same IEBC would be involved in arbitrating it and that is where confusion could arise. Given the opportunity, the IEBC should help parties conduct elections so that they are credible. There is no political party in Kenya today with the capacity to register voters and conduct an election in a single day credibly as an institution such as the United Democratic Alliance (UDA). The process is fragile and parties lack the capacity. The UDA may do so because it is the governing party while ODM may also do so because it is a seasoned party. Other parties may not, although

Does Hon. TJ Kajwang’, for any reason, wish to contribute or you had made your contribution to this critical matter? You are a Member whose wisdom will always influence us in this House.

Well, Hon. Temporary Speaker, I considered this Bill in Committee. There are some clauses we will need to examine when we reach the Committee stage of the Third Reading. However, if you look at the reports of the Departmental Committee on Justice and Legal Affairs, you will see that we have set them out clearly.

Majorly, this is to conform to court decisions that have progressively made pronouncements over certain clauses or sections of the law to be unconstitutional, and to also implement the Constitution in different ways. There are one or two innovative clauses which we have brought. In the fullness of time, we will bring them to the House. However, this is a Bill which we need to support in its entirety, specifically because the election is coming in just a few months. When the IEBC was here, they gave us their timetable. That timetable really runs enhanced from January or February. Therefore, there is really no time. It is not helpful to make amendments in the election year. It is probably not wise.

I am sure the Chairman has captured these amendments. I saw something in Clause 29, I think, which says that the IEBC will determine, declare, and do something to the elections. If it is not considered, I will bring an amendment to it. This is because the word ‘determine’ as used supposes that the IEBC as a commission will overrule the presiding officer who had made the final and the only determination of the results. The IEBC can only declare – there are also some other words which have been used there. They cannot determine because that determination already had been done in the polling station. All they do is just to collate. If we allow them to do that, it will mean that they will congregate at Bomas and start changing and doing all sorts of things with the election results.

I thank you for the opportunity. We all must come here when this is being processed through the Third Reading.

There is a concern that was being raised here when you stepped out, Hon. Kajwang. It was about the Report of the Kriegler Commission. Kriegler said, ‘Do not touch laws concerning elections once you are one year to elections.’ This is because they then engender suspicion. There has been the debate by previous

You are absolutely right, Hon. Temporary Speaker. I should inform you that I served as counsel in the Kriegler Commission. I am therefore, quite aware of the decisions that the Kriegler Report made. But doing the best we could, there are so many things which have fallen in place which we could not have done better because of time. For example, we were talking about the question of the delimitation. Because of exigencies that are beyond our control, some of those things have passed. I agree that we should not be too prescriptive.

In fact, Hon. Murugara, you and I, having both practised in election petitions, know very well that a petitioner will often simply claim that a specific procedure was not followed, arguing that the election results are, therefore, invalid just because the rules were too prescriptive. Yet, those details should have remained administrative. Because we encoded them into law, any failure to comply creates problems, such as when a presiding officer is legally required to liaise with the county coordinator but fails to do so. There are a lot of things that that gentleman is supposed to do, which can be done administratively. However, if it is written into law and goes undone, that single failure can become the sole ground for an election petition, leaving you to face a gruelling two-year legal battle. We will clean up some of these things.

There are important issues which we could not avoid; for example, aligning with the court's decisions and implementing some of the constitutional provisions. There are also lessons we learned from the previous elections that we must now act upon to bring about necessary changes. We must never lose sight of the fact that these are a series of NADCO Bills. We should step back and think how the NADCO Bills came about. It was at a point when we almost tore this nation apart. These Bills were compromise propositions that began in the Senate. Now that they have come down to us, we have to process them in good faith. If we are going to flag anything down and the Chairperson brings amendments, we will do so on the Floor. We could not have done anything other than bring this to the plenary for debate.

Thank you, Hon. Temporary Speaker.

Thank you, Hon. Kajwang’. There being no more interest, the Mover will now reply. (Hon. Jackson Lekumontare spoke off the record) Oh, sorry. That is the Member for Samburu East. You are recognised to make your contribution.

Thank you, Hon. Temporary Speaker for this opportunity. People are always suspicious when it comes to elections. People want to have free and fair elections. Just like what other Members have said, there are lessons learnt from the previous elections. New polling stations emerged as a result of what we experienced in other places a few weeks before the elections because some people were

The Chairperson, Departmental Committee on Justice and Legal Affairs Committee, the Mover of this Motion will now reply.

Thank you very much, Hon. Temporary Speaker. Allow me to thank every person who contributed to the Bill. It goes without saying that this is a very important piece of legislation, and most important, is its origin. It is a National Dialogue Committee (NADCO) Bill. I know we should not be debating NADCO Bills now, but unfortunately, we have to do it because this is the time it has reached this House. The NADCO Bills ought to have been concluded in 2024 and 2025. But now that it is with us, we cannot shelve it. It originated from the Senate. It appears that the Senate took a bit of time with it, but we have had everything, including proposals on where to amend the Bill.

Mover, you do not need to apologise. I note it is a 2024 Bill. So, it was actually initiated about two years to the elections. Is it two or three years? We need to make the public understand that it was started three years to the elections. It is a Bill that has to be handled by both Houses because of the matter it treats.

Hon. Members, so that we can move consideration of this Bill to the next stage, allow me now to put the Question. (Question put and agreed to) (The Bill was read a Second Time and

committed to Committee of the whole House)

Next Order.

Hon. Members, for the convenience of the House, I order that the Order Paper be reorganised. I will, therefore, defer consideration of the matter under Order No. 10. Order No. 11 will follow consideration of the matter under Order No. 12. Please call Order No. 12. (Bill deferred)

Mover.

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

THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its inspection visit to Kenyan diplomatic missions in the Republic of Zimbabwe and the Republic of Botswana from 24th to 28th November 2025 laid on the Table on Thursday, 2nd July 2026.

Hon. Yusuf has worked in the foreign and diplomatic circles for a long time.

Indeed.

Do you trust his pronunciation?

Yes. I am struggling to even pronounce it. I might end up biting my tongue. I come from the mountain where some of these words turn out to be tongue twisters. The mission’s representational vehicle, acquired in 2014, is grounded, while the mission also faces challenges arising from outdated furniture, office equipment and limited functional vehicles.

Botswana hosts an estimated 1,200 Kenyan nationals. The Committee was informed that the number has declined due to stricter immigration controls, particularly concerning work and residence permits. The lack of mutual recognition of Kenyan qualifications in fields such as nursing and law also restricts employment opportunities for Kenyan professionals.

No, first move by saying, “I beg to move.”

I beg to move, Hon. Temporary Speaker.

And do now request Hon…

I beg to move and request Hon. Yusuf Hassan, the ranking Member for Kamukunji, to second.

Hon. Yusuf Hassan.

Thank you, Hon. Temporary Speaker. I rise to Second the Motion for the adoption of the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on the inspection visits to the Kenyan Embassy in Harare, Zimbabwe and the High Commission in Gaborone, Botswana, undertaken from 24th to 28th November 2025.

I had the honour of leading the delegation that undertook this inspection visit. The visit enabled us to engage directly with missions, inspect their facilities, appreciate firsthand opportunities and the challenges affecting Kenya's diplomatic representation in the southern Africa region. Zimbabwe and Botswana are important partners for Kenya. Our relations extend to trade, investment, agriculture, education, tourism, transport, defence and regional cooperation. The two missions, therefore, have an important role in advancing Kenya's foreign policy, supporting Kenyans abroad and promoting Kenya as a destination for investment and as a source of competitive products.

However, the Committee was concerned that both missions are operating below the level required to fully discharge these responsibilities. Financial constraints, delayed disbursement, foreign exchange losses, inadequate infrastructure, staffing gaps and outdated equipment continue to affect their effectiveness. The Embassy in Harare continues to provide valuable counselling and legal assistance to Kenyans including emergency travel documents and support to Kenyans facing immigration and legal difficulties. However, the Chancery is old and requires major rehabilitation. Of particular concern is the asbestos-containing roofing, which requires urgent action. The staff residences are also in bad shape and require refurbishment, reliable water and power supply and improved security. The Embassy also requires additional staffing, including a foreign relations officer and a trade attaché, together with modern information and communication technology (ICT) equipment, furniture and a suitable representational vehicle. The mission has also incurred substantial foreign exchange losses which continue to affect its financial position.

The High Commission in Gaborone operates entirely from rented premises and does not own a chancery or official residences. Its representational vehicle is grounded, while outdated equipment and limited functional vehicles constrain operations. The Committee was also informed of challenges facing approximately 1,200 Kenyans residing in Botswana, particularly in relation to work and residency permits and recognition of Kenyan professional qualifications. I, therefore, support the recommendation for engagement with the Botswana authorities and the establishment of mutual recognition agreements for Kenyan qualifications. There are significant opportunities for Kenyan tea, coffee, fruits and vegetables in Botswana. However, market access restrictions exist, and the absence of direct flights between Gaborone and Nairobi continues to constrain that trade. The review of the bilateral air services agreement should, therefore, be pursued to improve connectivity and facilitate movement of people and goods.

I support the Committee's recommendations particularly those aimed at strengthening the financial and operational capacity of the two missions. This includes addressing foreign exchange losses, ensuring timely reimbursement of funds, providing modern premises and equipment, and deploying trade attachés and foreign relations officers. Most importantly, the acquisition of Government-owned chancery and residences, particularly for the High

Hon. Major Bashir.

Thank you very much, Hon. Temporary Speaker. I just want to support the Committee’s Report. I am also a Member and the Vice-Chairperson of the said Committee. I want to thank the two Members who were part of the delegation that visited these two missions. I do not want to go into detail. One key thing that has been mentioned over and over in all missions is the issue of foreign exchange losses. Whenever money is sent to these missions, the National Treasury and Economic Planning does not consider or take into account the issue of foreign exchange losses. For example, if it gives these missions Ksh20 million and that is their budget, by the time it reaches the other end for their usage, you can imagine how much money they will lose in terms of foreign exchange.

These are issues that we have taken up with the Ministry, even with the National Treasury and Economic Planning, to tell them to come up with a certain percentage, a certain factor, to consider foreign exchange losses. It has not been done and I think the National Treasury and Economic Planning, every now and then, knows what is happening and they do not take this matter seriously. I urge the National Treasury and Economic Planning that these missions are out there and not here in the country. They are out there buying goods and services using currencies of those countries and the exchange rate at that time applies. So, it is important that the issue of foreign exchange losses is taken care of in almost all the missions.

This term of Parliament is coming to an end. We have over 64 missions across the world. You can imagine, when I looked at the data and the reports, this Committee only visited 15 missions out of the over 64 and remember these missions have been provided money through this House. Therefore, they need to be overseen. However, whenever this Committee wants to go out, we are faced with the fact that there is no money for committees. I am sure you sit in that Committee. They came up with the idea that all committees are equal. Therefore, this Committee, despite the fact that they have over 65 missions out there to oversight, is put in the same category, for example, with the Catering Committee, hence we are unable to oversight properly.

We have visited 15 missions in the whole of this term of Parliament out of over 64 missions. That is something this House probably needs to reconsider. Just like in the budgetary system, there are certain ministries or departments that are not equal. They get the size of their

There being no more interest, the Mover will reply.

Thank you, Hon. Temporary Speaker for the opportunity to reply to this Motion. You realise from the content of our Report that we have visited several missions. I must say that they are frustrated, just as the Vice-Chairman of our Committee has stated, because Members cannot travel to as many missions as required under our mandate to undertake oversight because of financial limitations. Time has come for us to sit down and have a conversation as a House on where money should be allocated. We have not witnessed this before because I served in this Committee in the last Parliament, and I can say it was one of the well-funded ones because of the many travels it had to undertake to different missions. There are 64 missions, and the Committee did quite some work. You realise that a lot of considerations came out of those visits.

Hon. Temporary Speaker, let me just speak about the two missions that we visited, Botswana and Zimbabwe. It is not something we would be proud of as a country, and it is only right that all our recommendations be taken into consideration by the relevant agencies, including the National Treasury and Economic Planning and the Ministry of Foreign and Diaspora Affairs, as well as the people who are supposed to follow through on the agreements we have with our counterparts.

Therefore, without much ado, I beg to reply.

We are attended to by our missions abroad, and I agree with your recommendation. I was in Ghana recently and despite the great work that our Head of Mission, Colonel (Rtd) Shem Amadi and his staff are doing, as is the case in other foreign missions, the issue of how they can be better facilitated to give us the maximum benefit as a country kept arising. The recommendations in your Committee's Report will go straight into implementation. Hon. Members, I will now put the Question. (Question put and agreed to) Hon. Members, for the convenience of the House, I want to give directions on matters appearing under Orders No. 10, 11, 13, 14, 15, 16, 17, 18, 19 and 20. The House has dealt with heavy matters today including the proposed amendments to the election laws in preparation for

Hon. Members, the time being