REPUBLIC OF KENYA THIRTEENTH PARLIAMENT
27th August 2026
Vol. V No. 82
Thursday, 27th August 2026
[The Temporary Speaker (Hon. Martha Wangari) in the Chair]
PRAYERS
QUORUM
Serjeant-at-Arms, ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Please halt the Quorum Bell. We have the numbers. Clerk-at-the-Table, call out the first Order.
PAPERS
Deputy Whip of the Majority Party, you have quite a number of Papers to lay on the Table.
Hon. Temporary Speaker, I beg to lay the following Papers on the Table:
Reports of the Auditor-General and financial statements for the year ended 30th June 2025, and the certificates therein in respect of the following–
- 1. AIC Kang’itit Girls Secondary School – Turkana County;
- 2. Asumbi Girls High School – Homa Bay County;
- 3. Bahari Girls Secondary School – Kilifi County;
- 4. Baricho Boys High School – Kirinyaga County;
- 5. Baringo High School – Baringo County;
- 6. Bunyore Girls High School – Vihiga County;
- 7. Bura Girls High School – Taita Taveta County;
- 8. Butere Girls High School – Kakamega County;
- 9. Chavakali Boys High School – Vihiga County;
- 10. Chewoyet National School – West Pokot County;
- 11. Chianda High School – Siaya County;
- 12. Elburgon Secondary School – Nakuru County;
- 13. Elsa Secondary School – Isiolo County;
- 14. Endarasha Boys High School – Nyeri County;
- 15. Garbatulla High School – Isiolo County;
- 16. Hola Boys Secondary School – Tana River County;
- 17. Ikuu Boys High School – Tharaka Nithi County;
- 18. Isiolo Boys Secondary School – Isiolo County;
- 19. Isiolo Girls Secondary School – Isiolo County;
- 20. Jomo Kenyatta Girls High School – Nakuru County;
- 21. Kabare Girls High School – Kirinyaga County;
- 22. Kabianga High School – Kericho County;
- 23. Kaborok Girls Secondary School – Kericho County;
- 24. Kagumo High School – Nyeri County;
- 25. Kainuk Mixed Secondary School – Turkana County;
- 26. Kanga High School – Migori County;
- 27. Kanjuri High School – Nyeri County;
- 28. Kaplelach Secondary School – Bomet County;
- 29. Kaplong Girls High School – Bomet County;
- 30. Kaumoni Boys Secondary School – Makueni County;
- 31. Kilgoris Boys High School – Narok County;
- 32. Kinna Secondary School – Isiolo County;
- 33. Kipsigis Girls High School – Kericho County;
- 34. Kirimara High School – Nyeri County;
- 35. Kisii High School – Kisii County;
- 36. Kisima Girls High School – Samburu County;
- 37. Kisumu Girls High School – Kisumu County;
- 38. Kitale School Secondary – Trans Nzoia County;
- 39. Kitui School – Kitui County;
- 40. Kombeni Girls Secondary School – Kilifi County;
- 41. Lamu Girls Secondary School – Lamu County;
- 42. Lodwar Boys High School – Turkana County;
- 43. Loreto High School Limuru – Kiambu County;
- 44. Loreto High School Matunda – Uasin Gishu County;
- 45. Machakos School – Machakos County;
- 46. Maralal High School – Samburu County;
- 47. Maralal High School – Samburu County;
- 48. Mary Mount Secondary School – Nakuru County;
- 49. Matiliku Boys High School – Makueni County;
- 50. Matongo Boys High School – Nyamira County;
- 51. Matuga Girls Secondary School – Kwale County;
- 52. Matunguru Girls Secondary School – Machakos County;
- 53. Mazeras Girls Memorial Secondary School – Kwale County;
- 54. Mbita High School – Homa Bay County;
- 55. Metkei Girls Secondary School – Elgeyo Marakwet County;
- 56. Moi Forces Academy – Lanet – Nakuru County;
- 57. Moi Girls’ High School Eldoret – Uasin Gishu County;
- 58. Moi High School Mbiruri – Embu County;
- 59. Moi Kapsowar Girls High School – Elgeyo Marakwet County;
- 60. Molo Academy Boys Secondary School – Nakuru County;
- 61. Murang’a High School – Murang’a County;
- 62. Musuani Secondary School – Kitui County;
- 63. Mwaani Boys Secondary School – Makueni County;
- 64. Najile Boys Secondary School – Kitui County;
- 65. Nakeel Boys High School – Kajiado County;
- 66. Nakuru Girls High School – Nakuru County;
- 67. Napeililim Boys Secondary School – Turkana County;
- 68. Narumoru Boys Secondary School – Nyeri County;
- 69. Narumoru High School – Nyeri County;
- 70. Ngoto Boys High School – Makueni County;
- 71. Njoro Boys High School – Nakuru County;
- 72. Njoro Girls’ High School – Nakuru County;
- 73. Nkuene Girls Secondary School – Meru County;
- 74. Nyambaria Boys High School – Nyamira County;
- 75. Nyeri High School – Nyeri County;
- 76. Ole Tipis Girls High School – Narok County;
- 77. Olkejuado High School – Kajiado County;
- 78. Ossen Girls High School – Baringo County;
- 79. Our Lady Consolata Mugoiri Girls High School – Murang’a County;
- 80. Our Lady of Lourdes Nyabururu Girls’ High School – Kisii County;
- 81. Our Lady of Victory Girls High School – Kapnyeberai – Nandi County;
- 82. Our Lady’s Girls Secondary School – Elgeyo Marakwet County;
- 83. Ribe Boys High School – Kilifi County;
- 84. Ribe Girls High School – Kilifi County;
- 85. Santa Maria Girls Secondary School – Cheptulon – Elgeyo Marakwet County;
- 86. Sericho Secondary School – Isiolo County;
- 87. Sironga Girls High School – Nyamira County;
- 88. St. Angela Girls High School – Kitui County;
- 89. St. Anne’s Muthale Girls School – Kitui County;
- 90. St. Bonaventure Kaheti Boys School – Nyeri County;
- 91. St. Girls Mulutu Secondary School – Kitui County;
- 92. St. Joseph’s Nyabigena Boys High School – Kisii County;
- 93. St. Josephine Bakhita Masinga Girls High School – Machakos County;
- 94. St. Martin Kathonzweni School – Makueni County;
- 95. St. Mary’s Girls High School – Meru County;
- 96. St. Michael Kabaa High School – Machakos County;
- 97. St. Patrick’s High School – Iten – Elgeyo Marakwet County;
- 98. St. Theresa’s Tartar Girls Secondary School – West Pokot County;
- 99. St. Thomas Girls Secondary School – Kilifi County;
- 100. Tenwek High School – Bomet County;
- 101. The Hill School Girls Eldoret – Uasin Gishu County;
- 102. Turkana Girls School – Turkana County;
- 103. Utumishi Girl’s Academy – Nakuru County;
- 104. Vihiga Friends High School – Vihiga County;
- 105. Voi Boys High School – Taita Taveta County; and,
- 106. Wenje Secondary School – Tana River County.
Thank you, Hon. Temporary Speaker.
Before the next set of Papers, allow me to recognise the following learners in the Public Gallery:
- 1. Arizona International College students from Mavoko Constituency, Machakos County.
- 2. Kirigo Junior Primary School from Mbeere North Constituency, Embu County.
- 3. Misuuni Secondary School from Kibwezi East Constituency, Makueni County. In the Speaker’s Gallery, we have:
- 1. Kenyatta High School from Othaya Constituency, Nyeri County.
- 2. Cornerstone Academy from Roysambu Constituency, Nairobi County.
- 3. Residents from Lamu East Constituency, Lamu County. Hon. Janet Sitienei, I will give you a minute to welcome all the visitors.
Thank you, Hon. Temporary Speaker. I would like to welcome all the schools that have visited Parliament. I would like to tell the students that
this is the House where we make laws. I encourage them to work hard because, in future, they may also have an opportunity to come to this House. Parliament brings together people from different professions, including doctors, teachers, lawyers and many others. I also welcome the residents of Lamu East to Parliament so that they can see where their legislators come to make laws, undertake oversight and represent them.
Hon. Temporary Speaker, I also wish to take this opportunity to celebrate our East African Champions from Uasin Gishu County. Soin Primary School clinched position one in volleyball at the East African Games, while Chepsaita Secondary School emerged position two. I also commend A.I.C Samoei Model School, St. Jacob’s and Sigowet School for their outstanding performances in the games. Those students are our heroes. When we nurture talent, we give our young people an opportunity to excel and become great. I commend these schools for making Turbo Constituency, Uasin Gishu County and Kenya proud by representing the country at the East African Games in Morogoro. I also thank the Ministry of Education for taking care of the students during their participation in the games in Morogoro.
Thank you, Hon. Temporary Speaker, for giving me this opportunity.
Very well. We welcome all the learners and residents of Lamu East to observe the proceedings of the House.
Chairman of the Departmental Committee on Lands, you have a Paper to lay. Where are you? Hon. Nyamoko. You have a roving microphone.
Hon. Temporary Speaker, I beg to lay the following Paper on the Table:
Report of the Departmental Committee on Lands on its consideration of Public Petition No. 28 of 2025 by Hon. Caroli Omondi, MP, regarding the status of ownership of L.R. No. 754/3 (I.R. 21038) forming the nucleus estate of Miwani Sugar Mills Limited. Thank you, Hon. Temporary Speaker.
Very well. Hon. Chairman, Departmental Committee on Energy, Hon. Gikaria.
Hon. Temporary Speaker, I beg to lay the following Paper on the Table:
Report of the Departmental Committee on Energy on its consideration of the Local Content Bill, (Senate Bill No. 50 of 2023) Thank you, Hon. Temporary Speaker.
Very well. The Chairman of the Departmental Committee on Finance and National Planning is not in the House.
Let us have the Chairman of the Departmental Committee on Transport and Infrastructure. Hon. Komingoi, is that you? Are you holding brief for the Chairman of the Departmental Committee on Transport and Infrastructure or for the Chairman of the Departmental Committee on Finance and National Planning?
Hon. Osoro, kindly move away from the Speaker’s eye.
Hon. Temporary Speaker, I beg to lay the following Papers on the Table:
Report of the Departmental Committee on Transport and Infrastructure on its consideration of:
- (a) The Amendment of Article 10(4) of the Constitution of the African Civil Commission (AFCAC).
- (b) The Traffic (Amendment) Bill, (National Assembly Bill No.14 of 2026).
Vice-Chairman of the Departmental Committee on Defence, Intelligence and Foreign Relations, Hon. Bashir.
Hon. Temporary Speaker, I beg to lay the following Papers on the Table:
Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its consideration of:
- (a) Inspection visits to the Kenyan Embassies in France and the United Kingdom from 7th to 15th April 2026.
- (b) Consideration of the Convention on the Establishment of the International Organization for Mediation.
Thank you, Hon. Temporary Speaker.
Is the Chairman of the Departmental Committee on Finance and National Planning in the House yet? We shall then defer the laying of the Papers. (Laying of Papers deferred) Next Order.
NOTICES OF MOTIONS
The Chairman of the Departmental Committee on Finance and National Planning.
The Chairman of the Departmental Committee on Transport and Infrastructure. Proceed, Hon. Komingoi.
ADOPTION OF REPORT ON THE AMENDMENT OF ARTICLE 10(4) OF THE CONSTITUTION OF THE AFRICAN CIVIL AVIATION COMMISSION
Hon. Temporary Hon. Speaker, I beg to give notice of the following Motion:
THAT, this House adopts the Report of the Departmental Committee on Transport and Infrastructure on its consideration of the Amendment of Article 10(4) of the Constitution of the African Civil Aviation Commission, laid on the Table of the House on Thursday, 27th August 2026 and, pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, Cap 4D, approves the ratification of the Amendment of Article 10(4) of the Constitution of the African Civil Aviation Commission. Thank you, Hon. Temporary Speaker.
Very well. The Vice-Chairman of the Departmental Committee on Defence, Intelligence and Foreign Relations, Hon. Bashir.
ADOPTION OF REPORT ON THE INSPECTION VISIT TO THE KENYAN EMBASSIES IN FRANCE AND THE UNITED KINGDOM FROM 7TH TO 15TH APRIL 2025
Hon. Temporary Speaker, I beg to give notice of the following Motion:
THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its inspection visit to the Kenyan Embassies in France and the United Kingdom from 7th to 15th April 2026, laid on the Table of the House on Thursday, 27th August 2026.
ADOPTION OF REPORT ON CONSIDERATION OF THE CONVENTION ON ESTABLISHMENT OF THE INTERNATIONAL ORGANISATION FOR MEDIATION
Hon. Temporary Speaker, I beg to give notice of the following Motion:
THAT, this House adopts the Report of the Departmental Committee on Defence and Foreign Relations on its consideration of the Convention on the Establishment of the International Organisation for Mediation, laid on the Table of the House on Thursday, 27th August 2026 and, pursuant to the provisions of Section 8(4) of the Treaty Making and Ratification Act, Cap 4D, approves the Ratification of the Convention on the Establishment of the International Organisation for Mediation.
Do you have another notice of Motion? (Hon. Major (Rtd) Abdullahi Sheikh shook his head in the negative) Hon. Bashir, did you move the two of them?
Very Well. Before we call the Chairman of the Departmental Committee on Finance and National Planning, we will hear from Hon. Ruweida. You have some residents of Lamu East Constituency in the Gallery, and I was looking for you so that you could welcome them.
Ahsante, Mhe. Spika wa Muda. Ningependa kusema kuwa nimepewa salamu na Wabunge wenzangu. Wanasema wanawapenda watu wangu wa Lamu Mashariki.
Pole Mhe. Spika wa Muda, kwa dharura zisisoepukika. Nilikuwa nimeenda kuswali. Nimechelewa kidogo lakini ahsante. Nachukua nafasi hii kuwakaribisha watu wangu wa Lamu Mashariki kwa Bunge la Kitaifa. Watu wa Lamu Mashariki wamekuja kujionea vile Bunge linafanya kazi. Kusema kweli, kule Lamu Mashariki na hapa Nairobi, ni kama mchana na usiku. Kimaendeleo wanaona watu walivyo huku na vile kwetu kulivyo. Tunahitaji kazi zaidi ya ziada. Ile tunafanya tumefanya, lakini bado kuna kazi nyingi ya kufanya. Hawa ni viongozi kutoka yale maeneo, na kuja kwao leo itakuwa rahisi kwangu zaidi wao pia kunisaidia kule mashinani na kusaidia Lamu Mashariki na nchi yetu kwa jumla na pia Rais wetu. Inshallah.
Kwa hivyo, karibuni sana Bunge. Hapa ndipo tunatengeneza sheria ya mayeda. Kule kwetu tunaita mayeda. Kwa kizungu inaitwa sting ray, ili nyinyi pia mpate kulipwa. Ile petition ya kule Kiwayu ya kukomboa ile ardhi zilizonyakuliwa, hapa ndipo nimefanya ile petition. Zile Motion za ugonjwa wa sukari pia tumefanyia hapa. Maswali mengi tofauti tofauti, ikiwepo mikoko, ili mkaendelea kuzikata na kulinda mazingira. Zile shule zilizofungwa kule Basuba kwa miaka sita, hili Bunge ndio lilizifungua. Hapa Bungeni pia ndio tuliweka pesa zile wazee wa mtaa ikiwepo wengine wenu mkapata pesa. Mambo ni mengi. Rais wetu kupitia hili Bunge, tuliweza kuweka pesa katika Bajeti kutengeneza barabara ya kwanza Lamu Mashariki ambapo haikuwa na hata inchi moja ya barabara.
Kupitia hili Bunge pia, tumeweza kujenga zile sea walls, ngome, na jetty kupitia hela zilizowekwa ili kutengeneza miundo misingi huko kwetu. Bado Bunge hili ndilo limeleta stima kule kwetu. Zile shida za generator, ni hapa tunatetea na kutarajia kwamba Mhe. Mwenyekiti aliye hapa atanisikia kwamba kuna shida ya stima kule Faza Ward, na ni yeye atatutatulia kwa kutuwekea pesa ili tuweke laini kutoka Magogoni ikielekea kule Faza Ward. Bunge hili ndio bado linahusika na mambo ya matibabu na pia zile pesa za counties. Zote zinatoka hapa ndio mpate kule.
Si imetosha!
Kwa hivyo, karibuni sana kwa Bunge la Kitaifa. Ahsante. Na Bonde la Ufa na Magharibi linawapenda sana.
Unajua tukimpa nafasi Mbunge wa Lamu Mashariki, atachukua kipindi chote cha leo. Wacha ifike tamati. Tunawakaribisha wakaaji wa Lamu Mashariki hapa Bungeni waweze kuona Mbunge wao akiwa hodari kazini akitetea mambo ya kwenu.
Leader of the Majority Party.
Mhe. Spika wa Muda, pia nichukue nafasi hii kuwakaribisha hao Wakenya kutoka eneo Bunge la Lamu Mashariki. Vile Mbunge wao alivyosema, hili ndilo Jumba ambalo linawafanyia kazi kupitia kwa Mbunge wenu, Mama mchapakazi, ambaye anawatetea vizuri sana watu wa Lamu. Pongezi Mheshimiwa wa Lamu Mashariki, na karibuni kwa Bunge la Kitaifa.
Mheshimiwa Mbunge wa Kikuyu, ni vizuri kuelewa Kanuni za Bunge. Ukianza kwa Kiswahili, maliza kwa Kiswahili.
PAPERS
Mhe. Spika wa Muda, ningeomba kuwasilisha mbele ya Bunge hili
Ripoti ya Kamati ya Fedha na Mipango ya Kiuchumi wa Nchi kwa niaba ya Mwenyekiti wa Kamati hii, Ripoti ya Sessional Paper… (Kicheko) Ama Ripoti ya Karatasi ya Ilani No. 7 ya 2026. (Kicheko) Mhe. Spika wa Muda, ningesema Karatasi ya Ilani, watu wa bara hawangeelewa ninasema nini. Karatasi ya Ilani No. 7 ya 2026 ya National Infrastructure Fund ama kwa lugha ya Kiswahili, Idara ya Miundo Misingi ya Kitaifa ama Hazina ya Mpangilio wa Miundo Misingi ya Kitaifa. Ripoti imetayarishwa na Kamati ya Fedha na Mipango ya Kiuchumi wa Kitaifa. Nilikuwa nawasilisha kwa niaba ya Mwenyekiti ambaye pia ni Mbunge wa Molo, ambaye alikuwa amechelewa kidogo hapo nje lakini sasa ameingia.
Umepigana kabisa na kujaribu sana. Mbunge wa Molo amewasili na kulingana na Kanuni Sita, ulikuwa na ilani ya kutoa kwa Bunge. (Hon. Kimani Ichung’wah handed over documents to Hon. Kuria Kimani) Nimeona ile mbio Mhe. Ichung’wah amekupatia, ameona kwamba hii Kiswahili ya Lamu italeta shida.
NOTICE OF MOTION
SESSIONAL PAPER NO. 7 OF 2026 ON THE NATIONAL INFRASTRUCTURE FUND INVESTMENT POLICY
Thank you, Hon. Temporary Speaker. Before I move the Motion, I wish to congratulate the Leader of the Majority Party for attempting to speak in a language that resembles Kiswahili. Honestly, I just walked in with my Report and so, I am also wondering which Report the Leader of the Majority Party was tabling. However, the Report is now here and has been tabled.
Hon. Temporary Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Departmental Committee on Finance and National Planning on its consideration of Sessional Paper No.7 of 2026 on the National Infrastructure Fund Investment Policy, laid on the Table of the House on Thursday, 27th August 2026 and, pursuant to the provisions of section 28(b) of the National Infrastructure Fund Act, 2026, approves Sessional Paper No.7 of 2026 on the National Infrastructure Fund Investment Policy subject to the proposed amendments as contained in the Schedule to the Order Paper. Thank you.
Hon. Members, for the convenience of the House, there is a Supplementary Order Paper and we shall re-order the Order Paper. We shall prosecute Orders Nos. 8, 9, 10, 11, 12 and 13, and then we shall come back to Order No.
- 7. Call out the next Order.
PROCEDURAL MOTION
Leader of the Majority Party.
REDUCTION OF PUBLICATION PERIOD
Hon. Temporary Speaker, today is closing day. That is why you see there is a lot of excitement even when we converse in Kiswahili as we try to match Hon. Ruweida’s Swahili.
Hon. Temporary Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order 120, this House resolves to reduce the publication period of the following Bills from fourteen (14) days to eight (8) days—
- 1. The County Governments Retirement Scheme Bill, (National Assembly Bill No. 57 of 2026); and,
- 2. The State Corporations (Amendment) Bill, (National Assembly Bill No. 58 of 2026).
As I said, it is just a Procedural Motion and I wish to request that we support it to reduce the publication period from 14 to eight days, so that the Committees that are dealing with these two Bills can proceed, have the Bills published and we finalise with them, including public participation over the recess period after we close for the recess that we are proceeding on after
today. We can then begin Second Reading of these two Bills as soon as we resume at the end of next month.
I request my Deputy, the Member for Kilifi North, Hon. Owen Baya, to second.
Hon. Owen.
Hon. Temporary Speaker, I second. Thank you. (Question proposed)
Put the question.
I will now put the question.
Order, Members. Order. Please acquaint yourselves with the Standing Orders. (Question put and agreed to)
MOTION
CONSIDERATION OF REPORT ON SENATE AMENDMENTS TO THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) (NO. 4) BILL
THAT, the House do agree with the report of the Committee of the whole House on its consideration of Senate amendments to the Public Finance Management (Amendment) (No.4) Bill, (National Assembly Bill No. 45 of 2024).
(Resumption of consideration interrupted on 26.8.2026 – Afternoon Sitting)
Order, Hon. Members. (Question put and agreed to)
BILLS
First Readings
THE COUNTY GOVERNMENT'S RETIREMENT SCHEME BILL
(National Assembly Bill No. 57 of 2026
THE STATE CORPORATIONS (AMENDMENT) BILL
(National Assembly Bill No. 58 of 2026) (The Bills were read a First Time and referred to relevant Committees)
Next Order.
MOTION
CONSIDERATION OF SESSIONAL PAPER NO. 7 OF 2026 ON THE NATIONAL INFRASTRUCTURE FUND INVESTMENT POLICY
Chairperson, Departmental Committee on Finance and National Planning. You have a Motion under Order No.12. The Sessional Paper. Move it.
Hon. Temporary Speaker, I beg to move: THAT, this House adopts the Report of the Departmental Committee on Finance and National Planning on its consideration of Sessional Paper No.7 of 2026 on the National Infrastructure Fund Investment Policy, laid on the Table of the House on Thursday, 27th August 2026 and, pursuant to the provisions of section 28(b) of the National Infrastructure Fund Act, 2026, approves Sessional Paper No. 7 of 2026 on the National Infrastructure Fund Investment Policy, subject to the proposed amendments as contained in the Schedule to the Order Paper. The Departmental Committee on Finance and National Planning has discharged its mandate by considering the Sessional Paper, and engaging relevant stakeholders on the proposed investment policy for the National Infrastructure Fund. The Committee has carefully examined the policy against the provisions of the National Infrastructure Fund Act 2026, and has identified a number of areas that require strengthening to ensure that the Fund operates within a clear, transparent, prudent and accountable investment framework.
Allow me to highlight the key observations and recommendations that have been made by the Committee. The Committee did observe that the Sessional Paper does not provide a sufficiently comprehensive investment policy framework to guide the Fund in making investment decisions in a consistent, transparent and prudent manner. In particular, the policy does not adequately set out the investment guardrails relating to eligible and priority infrastructure sectors, project selection and ranking, commercial viability, financial returns, capital mobilisation, portfolio allocation, exposure limits, leverage, risk management, liquidity, governance, monitoring and reporting. The absence of these...
Hon. Temporary Speaker, please protect me from the consultations that are happening.
Hon. Members, I know it is closing day, but the excitement is too high. I know you are excited because you are going on recess, but we need to hear. Keep it manageable and utilise the grounds and the space behind me. (Hon. Kangogo Bowen consulted with Hon. Jematiah Sergon)
Hon. Temporary Speaker, the Chair, Departmental Committee on Blue Economy and Irrigation seems to be very excited by Hon. Jematiah. I am hoping they are discussing how to take water to Baringo.
The absence of these overreaching parameters may result in inconsistent investment decisions and expose the Fund to unnecessary financial, operational and governance risks. The Committee, therefore, recommends that the Sessional Paper be amended to provide for a comprehensive investment policy framework, establishing the principal investment guardrails applicable to the Fund, and enabling the board to operationalise detailed investment policies in accordance with the Fund's mandate and national infrastructure priorities.
The Committee further observed that the Sessional Paper does not adequately provide for validation of the ability and willingness of intended users or consumers to pay for the services to be provided by proposed investment infrastructure projects. A project may have sound technical designs and strong project demand but may, nonetheless, fail to generate sustainable revenues if the intended users cannot afford the applicable charges or are unwilling to pay for them. The assessment is, therefore, important in determining appropriate tariffs, user charges, revenue projections and ultimately the commercial viability of the projects. The Committee, therefore, recommends that the Sessional Paper be amended to require demand validation to include an assessment of the ability to pay, the willingness to pay of the target consumers or the users of the projects.
The Committee also observes that the Sessional Paper does not provide sufficient clarity on the minimum commercial viability requirements for projects, or the treatment of proposals that depart from board-approved financing parameters. The Committee noted that requiring projects to demonstrate capacity to support a minimum level of non-recourse project debt will provide an objective measure of bankability, while strategically important projects may, in exceptional circumstances, require restructuring or Government support measures to improve their commercial viability.
The Committee further observed that any departure from approved financing parameters should be properly justified and assessed, to ensure that the Fund is not exposed to disproportionate financial and commercial risks. The Committee, therefore, recommends that the Sessional Paper be amended to prescribe a minimum 60 per cent non-recourse project debt requirement relative to total project cost, provide for appropriate project restructuring or Government support measures for strategically important projects that do not meet the threshold, and require that any departure from board-approved financing parameters must be supported by a documented assessment of the associated risks, returns, debt service capacity, fund exposure and capital protection measures.
The Committee further observed that the Sessional Paper currently appears to treat the prescribed seven per cent return as an applicable benchmark without sufficiently distinguishing between a minimum capital preservation threshold, and the fund's target commercial return. The Committee notes that investment decisions should require a positive risk-adjusted expected equity return, taking into account the risks associated with each project, and that the seven per cent threshold should serve as an absolute minimum rather than the fund's target return.
The Committee further observed that strategically important projects may, in exceptional circumstances, require project restructuring or Government support measures to achieve the minimum return, and that projects which remain unable to meet the minimum threshold may be appropriately supported through Government fiscal or budgetary framework.
The Committee further recommends that the Sessional Paper be amended to require a positive risk-adjusted expected equity return, subject to an absolute minimum expected equity return of 7 per cent, clarifying that the 7 per cent threshold is a capital preservation flow and not the Fund’s target commercial return; and provide for project restructuring or applicable
Government support measures for strategically important projects that remain below the threshold, and may consider appropriate Government fiscal or budgetary framework.
The Committee further observed that the Sessional Paper places considerable emphasis on financial, commercial and regulatory considerations, but does not adequately provide for a structured assessment of the technical readiness of proposed infrastructure projects. A project may be financially viable but still face significant implementation challenges if its design, technology, site readiness, procurement arrangements or other technical requirements are not sufficiently developed.
The Committee also notes that certain infrastructure projects may require Government support measures before they can commence implementation. The Committee also recommends that the Sessional Paper be amended to provide that technical readiness should be assessed against a technical readiness framework that is developed by the Board and that the assessment shall also establish whether the project requires Government support measures.
Hon. Temporary Speaker, the Committee was particularly concerned that the Sessional Paper does not provide sufficient detailed requirements for assessing the major risks associated with individual infrastructure projects. Infrastructure investments are exposed to multiple and interconnected risks that may affect project costs, completion, revenues, operations, debt repayment and ultimately the Fund’s expected returns. The Committee further notes that Section 25(4) of the National Infrastructure Fund (NIF) Act of 2026 contemplates a risk management framework for the Fund.
The Committee is, therefore, of the view that to the extent that risk management forms part of the investment criteria and guidelines of the Investment Policy, it should be expressly incorporated into the Sessional Paper. The Committee further recommends that the Sessional Paper be amended to require projects to comply with the Fund’s risk management framework and demonstrate adequate assessment of financial, construction and completion, operational, user demand, legal and regulatory, environmental and socio-political foreign exchange interest risks together with any other material project-specific risks.
The Committee also considered the implications of Government support measures provided to infrastructure projects. A Government guarantees commitment, undertakings and other forms of support that may require financial obligation or exposure over the life of a project even where such obligations do not arise immediately. The Committee was, therefore, of the view that the potential contingent liabilities should be identified and quantified at the project appraisal stage.
The Committee further recommends that the Sessional Paper be amended to provide that a project which obtains Government support measures shall include the estimated contingent liabilities for the duration of the project.
Hon. Temporary Speaker, the Committee further observes that Section 3(2) of the Sessional Paper does not comprehensively reflect all the matters required against Section 25 of the NIF Act of 2006. Section 25(2) uses mandatory language requiring that the Investment Policy shall specify the prescribed matters. The Committee is, therefore, of the view that those statutory requirements provide the substantive yardstick against which the Investment Policy should be assessed.
The Committee also observed that the Sessional Paper does not comprehensively provide for proposed projects, expected dates of return of specific projects, asset allocation, portfolio distribution, leverage ratios and exposure limits per sector and project. The Committee, therefore, recommends that Section 3(2) be amended to align the Sessional Paper with the requirements of Section 25 of the NIF Act of 2006 to ensure that all matters that are required under the Act are expressly provided for. The Committee considered the proposed validity and review period of the Investment Policy, Section 25(3) of the NIF Act, which expressly provides for the validity of the Investment Policy, which is a period of five years.
The Committee notes that the proposal for an annual review of the Investment Policy may not be consistent with the statutory framework as provided for by the NIF Act. The Committee, therefore, recommends that the Sessional Paper be amended to ensure that the validity and review of the Investment Policy are aligned with the five-year prescribed period under section 25(3) of the NIF Act of 2026.
The Committee further considered the proposed maximum sector and single project exposure limits while recognizing the importance of prudent portfolio management. The Committee is of the view that rigid application of exposure limits may not adequately take into account the correlation between sectors and projects, economies of scale, liquidity requirements or the wider economic impact of strategically important infrastructure investments. The Committee, therefore, recommends that the Sessional Paper be amended to provide that the Board may adjust the maximum sector and single-project exposure limits based on an assessment of the correlation between sectors and projects, economies of scale, liquidity requirements, and the economic impact of the sectors and projects on economic growth and employment creation.
Finally, the Committee observed that the Sessional Paper does not provide sufficient explicit requirements for identifying and disclosing actual, potential and perceived conflicts of interest in the appraisal and approval of investment projects. The Committee, therefore, notes that conflicts of interest may undermine the objectivity and integrity of investment decisions and expose the Fund to reputation, financial and governance risks. The Committee is, therefore, of the view that conflict of interest disclosure should form an integral part of the project appraisal and approval process, particularly where public or State officers are involved.
The Committee, therefore, recommends that the Sessional Paper be amended to require that every project appraisal and approval should be accompanied by a statement disclosing any actual, potential or perceived conflict of interest involving a public or State officer in accordance with the Conflict of Interest Act.
Hon. Temporary Speaker, the Committee recommendations are intended to strengthen the National Infrastructure Fund Investment Policy and ensure that the Fund is guided by clear investment guidelines, sound financial principles, robust risk management and appropriate governance safeguards. The Committee is persuaded that a strong and comprehensive Investment Policy is essential to protecting the Fund’s capital while enabling it to mobilize investments towards infrastructure projects that contribute meaningfully to Kenya’s economic growth, employment creation and national development priorities.
I wish to commend Members of the Departmental Committee on Finance and National Planning and the very dedicated members of our Secretariat for their commitment and diligence in processing and considering this Sessional Paper. I would also like to appreciate the leadership of this House, under the leadership of the Speaker, the Clerk of the National Assembly, the Leader of the Majority Party and the entire National Assembly leadership, for the guidance they have provided to our Committee while we were processing this Investment Policy.
Hon. Members will notice that the amendments we are proposing amount to almost a total overhaul to this particular Sessional Paper. This is because we have engaged extensively with members of the public because the issue of having an Investment Policy is not a choice. It was approved in this House that there must be an Investment Policy that must be approved by this House.
I, therefore, beg to move, and request the Member of Parliament for the great people of Kesses, Hon. CPA Ruto, to second.
Proceed, Hon. Rutto.
Thank you very much, Hon. Temporary Speaker. The Leader of the Majority Party has been prophesying that next term, I will be in the leadership of this Committee.
I rise to second the Motion on Sessional Paper No.7 of 2026 on the establishment of the NIF Policy. All of us understand that just recently, this honourable House approved the NIF Bill that culminated in an Act of Parliament that has already commenced the work of operationalization. This Policy, as read out by the Chairman of the Committee, is essential. It is a document that will give guidelines on the operationalization of the National Infrastructure Fund, culminating in project identification, implementation and subsequent review to address any challenges that may arise, or deal with any shortcomings that the drafters of the Policy may have overlooked.
Through stakeholder engagement, the Committee was able to pick out critical issues that this House has to pay attention to, so that we do not approve a Policy Paper which opens up space for the misuse of the Fund. It is the right thing that has come at the right time so that we are able to guide how projects have to be identified and picked so that they can meet the minimum requirement of viability in terms of commercial in nature. This policy seeks to accelerate delivery of critical projects that are life-transforming and are of impact in nature. Therefore, it is very important for this House to look at it well so that the objective shall not be diverted from but rather, that it shall be met.
As we debate this particular Policy, let us discuss and ensure that at the amendment stage, we tighten the guardrails so that it cannot be abused. We ought to remember that it is an open cheque that has been created and specifies how resources which will be earmarked for the Fund will be utilized for specific projects that are of impact in nature and that are of commercial in nature so that we attain sustainability.
Hon. Temporary Speaker, I beg to second. The Motion will be amended duly as guided by the Chair. (Question proposed)
Hon. Members, before I give a chance to the Leader of the Majority Party, I want to give the Member of Ol Kalou a chance to make his maiden speech. As is the practice of Parliament, Hon. Sammy Kamau will be heard uninterrupted. There will be no points of order and no points of information.
Go ahead, Hon. Member for Ol Kalou.
Thank you, Hon. Temporary Speaker. It is with great humility and honour that I rise to make my maiden speech as the Member of Parliament representing the great people of Ol Kalou Constituency.
At the outset, let me say that I stand here as a clear testament that bad leadership can be defeated. I also stand before this House as a reminder that sovereign power belongs to the people. When institutions are compromised, people will always rise to defend their democratic rights, even at the greatest personal cost.
First and foremost, I give all glory and honour to the Almighty God for this victory. There were many moments when all I had was prayers, which were strengthened through fasting. Today, I stand as a living testimony that God not only hears our prayers, but also answers them in His own perfect time. He alone can transform a man once referred to as a chokora into a Member of Parliament.
To my dear wife, Mama Mercy and our family, I thank them for their unwavering love, prayers, patience and sacrifice. Their support has been my greatest source of strength and I remain forever grateful.
To my party leader, the second Deputy President of the Republic of Kenya, the sixth President of the Republic of Kenya, His Excellency Rigathi Gachagua, thank you for believing in me and mentoring me in leadership.
Even after I lost in the 2022 parliamentary elections, you entrusted me the privilege of serving in the Office of the Deputy President before you were unceremoniously removed from office. Under your leadership, the Democracy for the Citizen Party (DCP) has demonstrated that a political party can conduct free, fair, credible and verifiable nominations while upholding democratic ideals during a by-election. Your guidance and confidence in me played an immense role in this victory.
To my brother and our party's indefatigable foot soldier, Senator John Methu, words cannot adequately express my gratitude for your sacrifice, commitment and tireless effort. You exemplified bravery, leadership and I have no doubt that you deserve your position as our party's Secretary General. Your star continues to rise. I also wish to sincerely thank the 18 other Hon. Members of this House and the Senate who sacrificed their time and resources to campaign alongside me in Ol Kalao. Your solidarity and commitment will never be forgotten. Asanteni sana! Wako hapa!
To the great people of Ol Kalou Constituency, I offer my deepest gratitude. You have placed Ol Kalou on the national map and written your names in the annals of Kenya's democratic history. Despite unprecedented attempts to influence your decision through bribery in the form of rice, beans, mattresses, shoes, money, transformers, rusty trains and boats, you remained steadfast. You voted with courage, you protected the sanctity of your vote and proved that the will of the people can never be bought. You are the true heroes of our democracy.
Hon. Temporary Speaker, allow me at this juncture to welcome everyone in the country and beyond to come and benchmark with Ol Kalou on how to “eat” but still vote wisely. Allow me also to pay tribute to my predecessors, beginning with Eng Muriuki Karue, whose efforts through the establishment of the Constituencies Development Fund (CDF) have transformed countless lives. I also honour the late Hon. David Kiaraho, who ensured that many needy students accessed education through bursary. May his soul continue to rest in peace.
I pledge to build upon their legacy by expanding access to education through fair, transparent and in-discriminatory bursary allocation. I will work to improve school infrastructure, increase household electricity connectivity, enhance our road networks, expand access to quality health care and ensure that every promise made to the people of Ol Kalou is pursued with diligence and integrity.
I join the 13th Parliament at an extraordinary moment in our nation's history. For the first time, we witnessed young Kenyans from the Generation Z breach Parliament's good security in protest against the proposed Finance Bill, expressing deep frustration with the state of our nation. We also witnessed for the first time in our constitutional history the impeachment of a sitting Deputy President for nothing but speaking truth to power.
I join you at a time when Parliament is increasingly perceived by many Kenyans as an appendage of the Executive. I come to this House carrying the voice of ordinary citizens. I carry the cries of mothers detained in hospital after giving birth because they cannot afford medical bills. I ask, where is Linda Mama? I carry the cries of millions of unemployed young people asking where their jobs are. I come with the cry of students languishing at home due to low capitation and lack of adequate funding to our schools, universities and colleges. I carry
the concern of hard-working civil servants whose payslips continues to shrink under the weight of Pay As You Earn (PAYE), Housing Levy and Social Health Insurance Fund (SHIF). For many, the payslip has become a source of pain rather than hope.
It would be an understatement to say that SHA is a flossy, nosy nihilifilication.
I also carry the anguish of families whose loved ones have been abducted, tortured, maimed or killed. As a nation governed by the rule of law, we must ask ourselves when this will come to an end. Hon. Members, permit me to paraphrase the words of Germany Pastor Martino Moll. First, they came for the Gen Zs, I did not speak because I was not a Gen Z. Then, they came for the civil servants, I did not speak because I was not a civil servant. Then, they came for the Deputy President, I did not speak because I was not Rigathi Gachagua. Then, they came for the great leaders that have been killed under unclear circumstances and have still remained silent. Then, they came for me and by then, there was no one left to speak for me.
Hon. Temporary Speaker, history teaches us that democracy is not lost in one dramatic moment. It is lost when good people choose silence in the face of injustice. As legislators, we must defend the Constitution and uphold the rule of law and the rights and freedoms of every Kenyan, regardless of their political affiliations. The recent rise in goon culture, allegedly under the watch of institutions that ought to protect our citizens, is deeply worrisome and should be condemned by all and sundry.
Finally, to the great people of Ol Kalou Constituency, thank you once again for demonstrating to the entire nation that power truly belongs to the people. No amount of intimidation, bribery, or abuse of State resources can defeat a determined and united electorate. I pay tribute to Zakaria Gakinya from Rurii Ward, and James Muigai from Kaimbaga, who paid the ultimate price for exercising their right to vote. May their innocent blood forever haunt the perpetrators. Let me equally extend the same to scores of people who were beaten and maimed by a rogue regime that could not withstand humiliation in Ol Kalou Constituency. We honour you.
As I conclude, I am reminded of the words written to King Belshazzar in the Book of Daniel. When they were merrymaking, when they were eating and dancing, when they were enjoying, a writing came on the wall. These words reached all those entrusted with power: Mene, mene, tekel, upharsin. You have been weighed on the scale and found wanting. Your days are numbered.
May God bless Ol Kalou Constituency, may God bless Kenya, and may God bless all of us.
Thank you, Hon. Temporary Speaker.
Very well. We are back to Order No. 12.
Proceed, Leader of the Majority Party.
Hon. Temporary Speaker, I rise to support the Motion on consideration of Sessional Paper No.7 of 2026, whose principal objectives, as the Chairperson and the Seconder have clearly stated, are to provide a very clear framework
for investment and management of the National Infrastructure Fund's resources and to finance commercially viable infrastructure.
(Hon. Onesmus Ngogoyo spoke off the record) Hon. Temporary Speaker, please, protect me from Hon. Ngogoyo. I know Ngogoyo wants to hear me say something about my friend Hon. Ngotho, the Member of Parliament for Ol Kalou, but this Motion has only five minutes. If you will indulge me for one more minute, I will appreciate.
Actually, Hon. Members, to all of us debating this Motion, including the Leader of the Majority Party, it is five minutes.
Please, indulge me, Hon. Temporary Speaker, for an extra two minutes because Hon. Ngogoyo does not know that on Sessional Papers, you have only five minutes, including the Leader of the Majority Party.
Yes.
So, in just two minutes, just to buy the peace of some immaturity that I see, I congratulate the Hon. Member for Ol Kalou, Hon. Ngotho Kamau. He is a young man whom I knew way back in 2021 when we worked and campaigned together, but he lost the Ol Kalou seat. Following his work in 2021, he has now been elected as the Member for Ol Kalou. I congratulate you. Let me congratulate you and tell you that you have a very short time to serve the people of Ol Kalou. It may be your position that the people of Ol Kalou, or indeed any part of Kenya, are being bribed with transformers but the same people of Ol Kalou will demand that you deliver power to them, and you deliver transformers to them. So even with a well-rehearsed and well-written speech, I congratulate you. May those who wrote it for you also know that the people will hold you to account, my brother. You will remember me, Hon. Ngotho, because I have relatives in Ol Kalou and you know many of my relatives in that constituency.
Hon. Temporary Speaker, back to this Sessional Paper. We enacted the National Infrastructure Fund Act earlier this year. It was signed into law. The Board has already been appointed after a competitive recruitment, and the National Treasury was required to bring this Sessional Paper on the Investment Policy that will guide us on how we finance commercially viable infrastructure of national significance. The policy will guide how we mobilize both domestic and international finance in an alternative manner without necessarily going back to our taxpayers.
This Investment Policy, with the amendments proposed by the Committee - and I must thank the Departmental Committee on Finance and National Planning. That is because when I went through the Report this morning…I heard the Chairman was surprised that I tabled a
Report on his behalf. He forgets that when the Speaker approves any Committee's Report, the
Office of the Leader of the Majority Party gets a copy signed by the Speaker. That is why I am able to table Committee reports even in the absence of the Chairpersons.
When I went through this Report and saw the recommendations that the Committee has carried, I could not help but notice that many of the recommendations are not coming from Members of Parliament. They are recommendations that came from stakeholders, many of whom are private sector investment bankers and fund managers, who appeared before the Committee and sent memoranda in the hundreds. I think the Chairperson has done that very well. He captured all the memoranda that were sent, both by private individuals, fund
managers, and investment bankers, on how we can further improve the Investment Policy to ensure that we deliver to the people of Kenya.
Without saying much, let me say that I support this Report and the recommendations that seek to improve on what had come from the National Treasury. In fact, I noted and told the Chairperson yesterday that I agree with one of the recommendations that sought to remove a minimum of 7.5 per cent return and replace it with a positive return. This is because you may restrict yourself in a policy like this to a number, and you may never achieve that number. You may never get investments that have that kind of return. As long as you say a positive return, and you restrict what kind of projects you can fund using this Fund, it is good enough. As we say, the Fund will finance commercial ventures that are commercially viable.
I want to believe that this Investment Policy, with the recommendations that have been added by the Committee in its Report, will go a long way in augmenting what we began in this House when we passed the National Infrastructure Fund Bill that became an Act of Parliament.
I, therefore, beg to support the approval of this Sessional Paper and seek the support of the House. This is in the interest of the people of Kenya. As we have said, this Investment Policy will go beyond the life of this Parliament. It will go beyond our own lives. It will serve generations of our nation to come, even at a time when we will not be in this House or serving as leaders. Kenya will remain and will continue to invest in a way that we have returns that benefit generations of our country.
Thank you, Hon. Temporary Speaker. I beg to support.
Hon. Members, I know some Members are coming to me with issues of statements. I need to reiterate that we re-ordered the Order Paper. We are now on Order No.12. We will do Order No. 13 and then go back to Statements. This Motion has five minutes only for each speaker. If you intend to speak on this Motion, use the intervention button.
Proceed, Hon. Mayaka.
Thank you, Hon. Temporary Speaker, for giving me an opportunity to also speak on this very important Policy Paper. Let me say, at the outset, that I support this Investment Policy.
As it has been said by the Mover of the Motion and the Leader of the Majority Party, this puts in place a specific framework that will enable the Board to structure and ensure that the resources from that Fund are used in the proper place.
Some of the principles and advantages of this particular Policy Paper are that it provides for commercial discipline. What I mean by commercial discipline is that it ensures that once funds are allocated for a specific type of project, they will go to that particular project. There are key sectors which have been earmarked for financing through this Fund. Different areas have been considered. They include transport infrastructure, energy infrastructure, and water infrastructure. For me, especially under transport, it speaks about not only the road infrastructure, but also the railway infrastructure, which are very key for us because we have seen that some of those projects have already taken effect.
Equally important are the risk management guidelines that have been included in this Policy Paper. Earlier today, we had a very interesting conversation in a meeting with young people from Kenya and civil society about the freedom of debt management in our country. One of the issues that came up is that we do not seem to have proper mechanisms in place, thus we have not been able to really review the Public Finance Management (PFM) Act to ensure that we proactively manage the debt of our country. This particular Policy Paper talks about a cap for projects. It says that a maximum of 20 per cent of assets can be allocated to a single project. It further says that for every sector, there is a limit of exposure and that any single sector cannot exceed 40 per cent of its total assets. This is also a key and a very important issue.
Hon. Temporary Speaker, looking at water and irrigation infrastructure, we are a pro- agriculture country. This is a very important space that the Policy seeks to ensure is well guarded and financed. Many counties are not productive in agriculture. If we were to have a policy that would ensure that there is water supply, water storage, dams, irrigation, bulk water infrastructure, especially, in the arid and semi-arid Lands (ASALs), we will not only focus on just the food-basket counties of the country, but we will also focus on other areas that are not currently productive.
On the issue of national priority infrastructure, we have airports and railways, as I had alluded to. For I who comes from Nyamira County, this is exciting because with the structure and the plan of the Standard Gauge Railway. It will pass through Ikonge in Nyamira County. The policy now puts into action what is on paper. It ensures that the National Infrastructure Fund is realistic and will be put into proper use that will assist our country. This is a perpetual policy document that ensures the country outlives current things we are doing to make sure that future generations also benefit.
With those few remarks, I beg to support.
Next is Hon. Elachi.
Thank you, Hon. Temporary Speaker. I also rise to support this Policy Paper. This Policy will help us shift from the challenges of debt that we have always faced. It will also enable us to look at an investment strategy that will help us move forward. We must appreciate the fact that this Policy will protect Kenyans’ interests and enable them to follow through and question. We now have priority investments. We have projects we see and can, therefore, say we will have an airport, a port, electricity and water. More importantly, we are able to tell where to get resources from and how to use them.
Hon. Temporary Speaker, Kenyans can pursue investments that promote employment, local manufacturing, technology, opportunities for Small Medium Enterprises (SMEs) and agriculture. As Parliament, that gives us the responsibility of oversight. With such a policy, we will be able to oversee in a better way. The important thing we should ask ourselves and what Kenyans should ask us, as Parliament, as we bring big investments, is how we will pay the debts that we had before. I know this is a new way of doing things. We also should ask how the counties can tap into it. Even with the functions we have, we need the counties to intervene. As we talk about the National Infrastructure Fund and investments, renewable energy, ICT and pharmaceuticals, how are the counties going to be involved because they also have many challenges, mostly internal debt?
As we move forward, we should not forget the pending bills that have been carried over the years since devolution as we talk about Katiba 16. One of the challenges we have faced since the onset of devolution is domestic debt - debt owed to Kenyans. Let us forget external debt. How will we restructure to ensure that we pay the debts as we move forward? That is one of the things that this House has to look into so that we are not blamed that we are creating good new things but we have an old baggage that we have not taken care of.
Lastly, as Kenyans question us, we have to ask ourselves how the teams that will implement the projects will not be derailed so that once a project is started, it is finalized.
With those remarks, I beg to support.
Hon. Members, before the next speaker gets a chance to contribute, allow me to recognize, in the Public Gallery, Chepwostuiyet Secondary School from Chepalungu Constituency, Bomet County. We welcome them to observe the proceedings of the House.
On a point of order, Hon. Temporary Speaker.
Marianne, what is out of order?
Hon. Temporary Speaker, I stand under Standing Order 95. I ask that the Mover be now called upon to reply. This is because we have
many pending Statements, today being the closing day of the current Part of this Session. Many Members have Statements Requests they need to make before the close of the day.
Thank you.
Hon. Members, a Member has risen in her place and requested that the Mover be now called upon to reply.
(Question, that the Mover be now called upon to reply, put and agreed to)
Proceed, Mover.
Hon. Temporary Speaker, I want to thank the Members who have contributed to this particular Motion.
To guarantee Hon. Members, including my good friend Hon. Lesuuda, there has been a concern on viability of those projects for areas that may not benefit from this particular programme, because the projects may not be commercially viable. We drafted this Investment Policy to ensure that anywhere across the Republic of Kenya where infrastructure is needed, and there is a way of guaranteeing that it is commercially viable, we shall make sure that we support such projects so that there can be equitable distribution of infrastructure projects across the country.
I want the great people of Molo to enjoy as they travel home, just as the people of Nyeri do when going home by taking one hour along that very big highway. The people of Molo should also enjoy and those going all the way to Kericho and Homa Bay should also enjoy. They do not have to sleep on the road. What will make this possible is this Investment Policy. I think it is Hon. Ngotho who said that when young people came to us in 2024, they said that they do not want any increase in taxation. We need development as a country. We will not wait until we have enough resources to develop infrastructure.
From the partial divestiture of Safaricom and Kenya Pipeline Company (KPC) privatization, Kenya will get accrued interest of Ksh400 billion from the investment. That is enough money to construct our airport and construct our highways. We guarantee this country that for every Ksh10 we collect in taxes, Ksh3.80 goes towards servicing interest on our debt.
A further Ksh3.20 goes towards the repayment of the principal of that debt. This means that Ksh7 out of every Ksh10 we collect in taxes goes towards debt repayment arising from borrowing undertaken during the Kibaki and Uhuru administrations.
Therefore, only Ksh3 remains for recurrent and development expenditure. That is why, through the wisdom of the Kenya Kwanza Administration, we are now looking at other ways of financing our infrastructure projects. Our infrastructure projects cannot wait until we have cleared all the loans. That is why this particular investment policy is very important.
With those many remarks, Hon. Temporary Speaker, I beg to reply. (Hon. Wakili Edward Muriu consulted loudly)
Order, Members. Order, Hon. Muriu! (Question put and agreed to) Next Order.
COMMITTEE OF THE WHOLE HOUSE
(Order for Committee read) [The Temporary Speaker (Hon. Martha Wangari) left the Chair]
IN THE COMMITTEE
[The Temporary Chairlady (Hon. Martha Wangari) in the Chair] The Temporary Chairlady (Hon. Martha Wangari): Order, Members. We are in the Committee of the whole House. We are working on the Trust Administration Bill, (National Assembly Bill No. 29 of 2026).
THE TRUST ADMINISTRATION BILL
(National Assembly Bill No. 29 of 2026) Clause 3
The Temporary Chairlady (Hon. Martha Wangari): There is a proposed amendment. Chairperson! Hon. Murugara, Chairperson of the Departmental Committee on Justice and Legal Affairs. Prosecute the amendment.
Thank you very much, Hon. Temporary Chairlady. I beg to move:
THAT, the Bill be amended by deleting Clause 3 and substituting therefor the following new Clause—
- 3. (1) This Act shall apply to a trust—
- (a) registered or incorporated under this Act;
- (b) created by an order of a Court; and,
- (c) created by or under any other written law.
- (2) Nothing in this Act shall limit, invalidate or otherwise affect a trust or fiduciary obligation arising under customary law, equity, a will, court order or any written law, or the jurisdiction of a court to recognise, enforce, vary or supervise such trust or fiduciary obligation.
What we are essentially doing is breaking down the clause of the Bill into a new clause purely to expand the scope of application of the Act.
The Temporary Chairlady (Hon. Martha Wangari): Very well. (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 3 as amended agreed to) Application of the Act.
Clause 4
The Temporary Chairlady (Hon. Martha Wangari): Mover.
Thank you, Hon. Temporary Chairlady. I beg to move:
THAT, the Bill be amended by deleting Clause 4 and substituting therefor the following new Clause—
- 4. A trust is created where—
- (a) an identifiable property, or an interest in property, is transferred to, vested in or placed under the control of a trustee, or the owner declares that the property is held in trust;
- (b) the property is held for the benefit of one or more beneficiaries or a class of beneficiaries, or for the furtherance of a specified lawful purpose; and,
- (c) the trustee is appointed to administer, control or dispose of the property in accordance with the terms of the trust deed, the operation of law or an order of a court.
We are tidying it up to provide for clarity and avoid ambiguity regarding how a trust is to be created.
The Temporary Chairlady (Hon. Martha Wangari): Very well. (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 4 as amended agreed to) Clause 5
The Temporary Chairlady (Hon. Martha Wangari): Chairperson.
Thank you very much, Hon. Temporary Chairlady. I beg to move:
THAT, the Bill be amended by deleting Clause 5 and substituting therefor the following new Clause—
- 5. (1) A trust may be in writing or implied.
- (2) A trust which is written shall be registered or incorporated in accordance with this Act.
- (3) A written trust shall not be enforceable unless it is registered or incorporated under this Act and the terms of the trust deed.
- (4) A person claiming an interest under a written trust that has not been registered or incorporated under this Act may apply to the court for recognition of enforcement of the written trust.
We are distinguishing between validity, registration and the enforceability of a trust. This is why we have divided the section into the various sub-clauses.
The Temporary Chairlady (Hon. Martha Wangari): Very well. (Question of the amendment proposed) Creation of a trust. Recognition and enforceability of trusts.
(Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 5 as amended agreed to) (Clauses 6 and 7 agreed to) Clause 8
The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady. I beg to move:
THAT, Clause 8 of the Bill be amended by deleting sub-clause (3). This is to delete sub-clause (3). The rationale is to enable charitable trusts to be self- reliant and generate income, which is ordinarily applied exclusively towards the objects of the charitable trusts.
The Temporary Chairlady (Hon. Martha Wangari): Very well. (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Clause 8 as amended agreed to) (Clauses 9, 10, 11, and 12 agreed to) Clause 13 The Temporary Chairlady (Hon. Martha Wangari): Mover.
Thank you very much, Hon. Temporary Chairlady. I beg to move:
THAT, Clause 13 of the Bill be amended by deleting the opening statement of sub-clause (1) and substituting therefor the following new opening statement—
- (1) A settlor may, subject to the terms of the trust deed, this Act and any other written laws, have powers to— We are adding a new subsection to align with the other statutes containing provisions relating to trust administration. The Temporary Chairlady (Hon. Martha Wangari): Very well.
(Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to)
(Clause 13 as amended agreed to) (Clauses 14, 15, 16, 17, 18, 19, 20 and 21 agreed to) Clause 22
The Temporary Chairlady (Hon. Martha Wangari): Chairperson.
Thank you very much, Hon. Temporary Chairlady. I beg to move:
THAT, Clause 22 of the Bill be amended in sub-clause (2) by—
- (i) inserting the words “if any” immediately after the words “initial enforcers of the trust” in paragraph (e); and,
- (ii) deleting the word “cour” appearing in paragraph (f) and substituting therefor the word “court”.
The justification is to align with the discretionary power to appoint an enforcer. (Question of the amendment proposed) Question, that the words to be inserted be inserted, put and agreed to) (Question, that the word to be left out be left out, put and agreed to) (Question, that the word to be inserted in place thereof be inserted, put and agreed to) (Clause 22 as amended agreed to) (Clauses 23 and 24 agreed to) Clause 25
The Temporary Chairlady (Hon. Martha Wangari): Mover.
Thank you very much, Hon. Temporary Chairlady. I beg to move:
THAT, Clause 25 of the Bill be amended—
- (a) in sub-clause (1)—
- (i) by inserting the words “is formed for an unlawful purpose or” immediately after the word “trust” in paragraph (a);
- (ii) by deleting paragraph (b);
- (iii) by deleting paragraph (d);
- (b) by inserting the following new sub-clause immediately after sub- clause (2)⸺
- (3) In making a determination under subsection (2), an applicant shall be given an opportunity to be heard or to regularise an application to meet the requirements for registration.
This is to include the words “is formed for an unlawful purpose or” in this provision. The justification is to provide that an unlawful purpose is a ground for refusal to register a trust. After that, we are proposing to delete paragraphs (b) and (d). Paragraph (b) is covered by paragraph (a), which we have amended. In paragraph (d), we are removing vetting as a
prerequisite to registration and replacing the subjective assessment with objective and verifiable criteria. That is what we are doing.
(Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Question, that the words to be left out be left out, put and agreed to) (Clause 25 as amended agreed to) (Clauses 26, 27, 28, 29 and 30 agreed to) Clause 31
The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, Clause 31 of the Bill be amended—
- (a) in sub-clause (1)—
- (i) by inserting the words “is formed for an unlawful purpose or” immediately after the word “trust” in paragraph (a);
- (ii) by deleting paragraph (b);
- (iii) by deleting paragraph (d);
- (b) by inserting the following new sub-clause immediately after sub- clause (2)—
- (3) In making a determination under subsection (2), an applicant shall be given an opportunity to be heard or to regularise an application to meet the requirements for registration.
This is the clause on incorporation of trusts. First and foremost, we are confirming that an unlawful purpose, which is what we are inserting, should actually be a ground upon which refusal to incorporate a trust is made. Then, just like the other clause, we are deleting paragraph
- (b) because it is covered by paragraph (a). We are also deleting paragraph (d) to say that we remove vetting as a prerequisite to incorporation and replace subjective assessment with objective and verifiable criteria. (Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Question, that the words to be left out be left out, put and agreed to) (Clause 31 as amended agreed to) (Clauses 32, 33, 34 and 35 agreed to) Clause 36 The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move:
THAT, Clause 36 of the Bill be amended in sub-clause (1)—
- (a) by deleting paragraph (b);
- (b) by inserting the words “or any other written law” immediately after the word “Regulations” in paragraph (d). Clause 36 of the Bill is on disqualification to act as a trustee. We are proposing that we amend it by deleting paragraph (b), which calls upon one to be of sound mind to become a trustee. We are saying that every person qualifies, unless it is proved that they are of unsound mind. The next amendment is to insert the words “or any other written law” because we are only using the Act which is given to us. We have the Trustee Act and other written laws. Trusts are regulated by regulations. That is the justification. (Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Question, that the words to be left out be left out, put and agreed to) (Clause 36 as amended agreed to) Clause 37 The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, Clause 37 of the Bill be amended in sub-clause (1) by inserting the words “Subject to this Act and any other written law” immediately before the words “A person”. The clause deals with the appointment of trustees. We have to make it subject to this Act, which is what we are going to provide for here, and also any other written law.
The justification to insert those words is that we have to use this Bill and any other written law. (Question of the amendment proposed) (Question, that the words to be inserted
be inserted, put and agreed to) (Clause 37 as amended agreed to) Clause 38 The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, Clause 38 of the Bill be amended in sub-clause (1) by inserting the words “and any other written law” immediately after the word “deed”. Clause 38 of the Bill is on the powers of appointing substitute or additional trustees. This amendment says that we have to make that subject to any other written law, just as we have done in the other clause. It is subject to this Bill and any other written law. ((Question of the amendment proposed)
(Question, that the words to be inserted be inserted, put and agreed to) (Clause 38 as amended agreed to) Clause 39
The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, Clause 39 of the Bill be amended—
- (a) in sub-clause (3), by inserting the words “subject to the Public Trustee Act” immediately after the words “court may”;
- (b) in sub-clause (4), by deleting paragraph (e) and substituting therefor the following paragraph—
- (e) the declaration of bankruptcy or insolvency of the trustee.
This is on the resignation of a trustee. This amendment says that when this happens, it has to be subject to the Public Trustee Act because this is where the appointment of another trustee has to be done. This should be subject to the provisions of the Public Trustee Act. Clearly, those are the reasons.
((Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 39 as amended agreed to) (Clause 40 agreed to) Clause 41
The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, Clause 41 of the Bill be amended in sub-clause (1) by deleting the expression “section 37” and substituting therefor the expression “sections 37 and 38”. This Clause is on the death or dissolution of a trust which is subject to sections 37 and
- 38. We are simply introducing Section 38 to cater for instances of appointment of a substitute or additional trustee where a trustee has been disqualified or otherwise ceases to be a trustee. ((Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in
place thereof be inserted, put and agreed to) (Clause 41 as amended agreed to) (Clauses 42, 43, 44 and 45 agreed to) Clause 46
The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, Clause 46 of the Bill be amended in sub-clause (3) by inserting the words “in default” immediately after the word “trustees”. We are making these trustees who are in default liable. This will protect innocent trustees from liability arising out of the acts and omissions of a trustee in default. (Question of the amendment proposed) (Question, that the words to be inserted
be inserted, put and agreed to) (Clause 46 as amended agreed to) (Clause 47 agreed to) Clause 48 The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, Clause 48 of the Bill be amended in sub-clause (4) by inserting the following proviso— Provided that a trustee shall obtain any approval required under any other written law prior to lodging the amendment. Hon. Temporary Chairlady, the rationale is to require a trustee to obtain any relevant consent or approval under any other written law before lodging an amendment to the trust deed or the list of assets with the Registrar.
I beg to move. The Temporary Chairlady (Hon. Martha Wangari): Very well. (Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Clause 48 as amended agreed to) (Clauses 49 and 50 agreed to) Clause 51 The Temporary Chairlady (Hon. Martha Wangari): Mover.
I beg to move: THAT, Clause 51 of the Bill be amended by—
- (a) renumbering the existing provision as sub-clause (1);
- (b) inserting the following new sub-clauses immediately after sub-clause
- (1)—
- (2) Subject to the provisions of this Act, a trustee may make any investment relating to the assets of the trust.
- (3) In exercising any power of investment, or otherwise, a trustee shall undertake appropriate legal and financial due diligence and shall seek the necessary advice from persons qualified to render such advice in relation to the investment in question.
- (4) A trustee shall not invest assets of the trust unless the trustee is authorised to do so in the trust deed and the investment is—
- (a) in accordance with the purposes, terms and duration of the trust;
- (b) in accordance with the interests and circumstances of the beneficiaries;
- (c) commensurate to the liquidity requirements of the trust;
- (d) commensurate to the nature and extent of the risks associated with the investment;
- (e) does not pose any actual or potential conflict of interest to the trust or the trustee; and,
- (f) prudent and in the best interest of the trust.
- (5) A trustee shall, from time to time, review the investments of the trust and consider whether they should be varied considering diversification and potential risk of the investment.
- (6) A trustee shall not be liable for breach of trust due to continuing to hold an investment which has ceased to be an investment authorised by the trust deed or by the general law.
- (7) A trustee lending money on the security of any trust property on which the trustee can lend shall not be liable for breach of trust by reason only of the proportion borne by the amount of the loan to the value of the property at the time when the loan was made, if it appears to the court that ⸺
- (a) in making the loan, the trustee was acting upon a report as to the value of the property made by a person whom the trustee reasonably believed to be a surveyor or a valuer instructed and employed independently of any owner of the property, whether the surveyor or valuer carried on business in the locality where the property is situated or elsewhere;
- (b) the amount of the loan does not exceed two-thirds of the value of the property as stated in the report;
- (c) the loan was made under the advice of the surveyor or valuer expressed in the report.
- (8) Where a trustee improperly advances trust money on a mortgage security which would at the time of the investment be a proper investment in all respects for a smaller sum than is actually advanced thereon, the security shall be deemed an authorised investment for the smaller sum, and the trustee shall only be liable to make good the sum advanced in excess thereof with interest.
- (9) A trustee lending money on the security of any leasehold property shall not be chargeable with breach of trust only upon the grounds that in making the loan the trustee dispensed either wholly or partly with the production or investigation of the lessor’s title.
- (10) A trustee shall not be chargeable with breach of trust only upon the grounds that in effecting the purchase, or in lending money upon the security of any property, he has accepted a shorter title than the title which a purchaser is, in the absence of a special contract, entitled to require, if in the opinion of the court the title accepted be such as a person acting with prudence and caution would have accepted.
- (11) The provision of this section shall apply to the transfer of existing and new securities and to investments made prior to the commencement of this Act. This provision concerns the power to manage and control trust property. It is a brief section because we have broken it down into various provisions to enable a trustee to act in the best interest of the beneficiary and retain the power to invest, which is a practical extension of the trustee's overarching duty of care. We have incorporated all these provisions into the proposed amendment. The Temporary Chairlady (Hon. Martha Wangari): Very well. (Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Clause 51 as amended agreed to) (Clauses 52 and 53 agreed to) Clause 54 The Temporary Chairlady (Hon. Martha Wangari): Mover.
I beg to move: THAT, Clause 54 of the Bill be amended in sub-clause (1) by inserting the words “Subject to this Act and any other written law” immediately before the words “where a trustee”. Hon. Temporary Chairlady, Clause 54 deals with the power of sale and lease of property. So, instead of giving trustees blanket power, we have subjected that power to this Act and any other written law. (Question of the amendment proposed) (Question, that the words to be inserted
be inserted, put and agreed to) (Clause 54 as amended agreed to) (Clauses 55, 56 and 57 agreed to) Clause 58 The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, Clause 58 of the Bill be amended—
- (a) in sub-clause (1), by inserting the words “any other written law” immediately after the words “this Act”.
- (b) by deleting sub-clause (3);
- (c) in sub-clause (6), by inserting the following paragraph immediately after paragraph (d)—
- (e) any other information as may be prescribed in the Regulations.
The rationale is to align the exercise of the power of attorney once it is given in a trust. (Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Question, that the words to be left out be left out, put and agreed to) (Clause 58 as amended agreed to) (Clause 59 agreed to) Clause 60
The Temporary Chairlady (Hon. Martha Wangari): Mover.
I beg to move: THAT, Clause 60 of the Bill be amended in sub-clause (1) by inserting the words “or an enforcer” immediately after the word “beneficiary” in paragraph (b). Hon. Temporary Chairlady, this amendment seeks to introduce an enforcer as one of the persons to whom remuneration and expenses would be obtained. (Question of the amendment proposed) (Question, that the words to be inserted
be inserted, put and agreed to) (Clause 60 as amended agreed to) Clause 61 The Temporary Chairlady (Hon. Martha Wangari): Mover.
I beg to move: THAT, Clause 61 of the Bill be amended by inserting the following new sub- clause immediately after sub-clause (1)—
(1A) In addition to the liability under subsection (1), a trustee who commits or is a party to a breach of trust is liable—
- (a) where the trustee is a natural person, to an administrative penalty not exceeding one million shillings;
- (b) where the trustee is a body corporate, to an administrative penalty not exceeding five million shillings.
The proposed amendment seeks to introduce payments that will provide an efficient deterrent mechanism against breach of trust. That is why the fines have been increased slightly.
The Temporary Chairlady (Hon. Martha Wangari): Very well. (Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Clause 61 as amended agreed to) (Clause 62 agreed to) Clause 63
The Temporary Chairlady (Hon. Martha Wangari): Mover.
I beg to move: THAT, Clause 63 of the Bill be amended in sub-clause (1) by inserting the words “registration or” immediately after the words “a certificate of” appearing in paragraph (a).
Hon. Temporary Chairlady, this is purely to introduce the certificate of registration and incorporation as documents to be kept in the register of the trust. (Question of the amendment proposed) (Question, that the words to be inserted
be inserted, put and agreed to) (Clause 63 as amended agreed to) (Clauses 64, 65, 66, 67, 68, 69, 70, 71, 72, 73 and 74 agreed to) Clause 75 The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, Clause 75 of the Bill be amended in sub-clause (3) by deleting the words “five hundred” and substituting therefor the words “three thousand”. Hon. Temporary Chairlady, the amendment seeks to increase the proposed administrative penalty from Ksh500 to Ksh3,000. (Question of the amendment proposed) (Question, that the words to be left
out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 75 as amended agreed to) (Clauses 76 and 77 agreed to)
Clause 78
The Temporary Chairlady (Hon. Martha Wangari): Mover
Hon. Temporary Chairlady, I beg to move: THAT, clause 78 of the Bill be amended in sub-clause (8) by—
- (a) inserting the words “regulatory bodies including” in paragraph (c) immediately before the words “self-regulatory”; and
- (b) deleting the word “entity” appearing in paragraph (d) and substituting therefor the word “institution”.
This is where we are conferring a registrar to disclose information. We are introducing the regulatory bodies, and we are also introducing another one in (d); instead of reporting entity, it will be reporting institution. I beg to move.
(Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Question, that the word to be left out be left out, put and agreed to) (Question, that the word to be inserted in place thereof be inserted, put and agreed to) (Clause 78 as amended agreed to) (Clauses 79, 80, 81 and 82 agreed to) Clause 83
The Temporary Chairlady (Hon. Martha Wangari):
Hon. Temporary Chairlady I beg to move: THAT, clause 83 of the Bill be amended in sub-clause (3) by deleting the words “to the” appearing immediately after the word “donated” in paragraph (d). Paragraph 3 (d) has a repetitive ‘to the’. This is a typographical error that we are correcting. (Question of the amendment proposed) (Question, that the words to be left
out be left out, put and agreed to) (Clause 83 as amended agreed to) Clause 84 The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, clause 84 of the Bill be amended—
- (a) in sub-clause (1), by inserting the words “or other person authorised under the trust deed” immediately after the words “trustee of a trust”
- (b) in sub-clause (2), by deleting paragraph (a) and substituting therefor the following new paragraph—
- (a) the purpose of the trust has been fulfilled or has otherwise ceased to exist in accordance with the trust deed of this Act; The reason for this is to allow other persons authorised by the trust deed to initiate the dissolution.
(Question of the amendment proposed) (Question, that the words to be inserted be inserted, put and agreed to) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 84 as amended agreed to) (Clauses 85, 86, 87, 88, 89, 90, 91, 92, 93 and 94 agreed to) Clause 95
The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, clause 95 of the Bill be amended in sub-clause (2) by inserting the following new paragraph immediately after paragraph (h)— (ha) the manner and form of applying for an exemption from the provisions of the Act; This is where we are proposing to include the processes and procedures for applying for exemption in regulations to be made by the Attorney-General. (Question of the amendment proposed) (Question, that the words to be inserted
be inserted, put and agreed to) (Clause 95 as amended agreed to) (Clauses 96 and 97 agreed to) New Clause 94A THAT, the Bill be amended by inserting the following new clause immediately after clause 94— Exemption from the provisions of the Act. 94A. (1) A charitable trust registered or incorporated under this Act may apply to the Attorney-General for exemption from any of the provisions of the Act.
- (2) The application under subsection (1) shall state the reasons for seeking the exemption.
- (3) The Attorney-General may grant an exemption on such terms as he or she may consider
necessary, subject to prior approval by the committee of the National Assembly responsible for delegated legislation. (The new clause was read a First Time) The Temporary Chairlady (Hon. Martha Wangari): Mover to move second reading.
Hon. Temporary Chairlady, I beg to move that the new clause 94A be now read a Second Time.
We are proposing that a charitable trust registered or incorporated under this Act may apply to the Attorney-General for exemption from any of the provisions of this particular Act. This will make a provision for charitable trusts from any of the provisions herein due to their unique nature of operation. I move and request the Chairman of the Departmental Committee of Finance and National Planning to second.
The Temporary Chairlady (Hon. Martha Wangari): There is no seconding on this one. I know when we move, we always look for a seconder.
(Question, that the new clause be read a Second Time, proposed) (Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) New Clause 96A
THAT, the Bill be amended by inserting the following new clause immediately after clause 96— Consequential amendment to Cap. 499B. 96A. The Business Registration Service Act is amended—
- (a) in the long title, by inserting the word “trusts” immediately after the word “firms”;
- (b) in section 4, by inserting the word ‘trusts’ immediately after the word “bankruptcy” appearing in subsection (1).
(The new clause was read a First Time) The Temporary Chairlady (Hon. Martha Wangari): Mover to move second reading.
Hon. Temporary Chairlady, I beg to move that the new clause 96A be now read a Second Time.
It provides for the expansion of the business registration service to include trusts. We have companies, partnerships, firms and now we want to include trusts.
(Question, that the new clause be read a Second Time, proposed) (Question, that the new clause be read
a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) Clause 2
The Temporary Chairlady (Hon. Martha Wangari): Mover.
Hon. Temporary Chairlady, I beg to move: THAT, clause 2 of the Bill be amended—
- (a) by deleting the definition of “beneficial owner” and substituting therefor the following new definition— “beneficial owner” means the natural person who ultimately owns or controls a legal person or arrangements or the natural person on whose behalf a transaction is conducted, and includes those persons who exercise ultimate effective control over a legal person or arrangement;
- (b) in the definition of “trust deed”, by inserting the words “and includes reference to a constitution or trust instrument” immediately after the word “thereof;
- (c) by inserting the following new definitions in their proper alphabetical sequence— “Registry” means the registry of trusts established under section 77(2); “reporting institution” has the meaning assigned to it under the Proceeds of Crime and Anti-Money Laundering Act.
This is purely to define two words: beneficial owner and the trust deed. We felt the definitions were not adequate as they were tying them to the Companies Act, which ought not to be the case.
(Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Question, that the words to be inserted be inserted, put and agreed to) (Clause 2 as amended agreed to) Long Title
The Temporary Chairlady (Hon. Martha Wangari): Mover, you have an amendment.
Hon. Temporary Chairlady, I beg to move:
THAT, the long title of the Bill be amended by deleting the words “and reform” appearing immediately after the word “consolidate”. We are removing the word “reform’’ because we are making a law to consolidate the two Acts into one law. Reform is the exclusive jurisdiction of the Kenya Law Reform Commission.
(Hon. Temporary Chairlady consulted with the Clerks-at-the-Table) (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Long Title as amended agreed to) (Title agreed to) (Clause 1 agreed to) The Temporary Chairlady (Hon. Martha Wangari): Hon. Members, we have come to the end of the Committee of the whole House. I will call the Mover to move reporting. The Mover was the Leader of the Majority Party. Member for Marsabit County.
Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Trust Administration Bill, (National Assembly Bill No. 20 of 2026), and its approval thereof with amendments.
The Temporary Chairlady
(Hon. Martha Wangari):
I know it always looks like ‘therefore’, but it is always ‘thereof’.
(Question proposed)
(Question put and agreed)
IN THE HOUSE
MOTION
CONSIDERATION OF REPORT ON THE TRUST ADMINISTRATION BILL
(National Assembly Bill No. 29 of 2026)
Chairperson to report.
Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Trust Administration Bill, (National Assembly Bill No. 29 Of 2026), and approved the same with amendments.
Mover of the Bill.
Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said report. I request the Whip of the Minority Party, Hon. Millie, to second the Motion in agreement with the report of the Committee of the whole House.
Hon. Temporary Speaker, I second. (Question proposed)
Is it the mood of the House that I put the Question?
Yes.
Order, Hon. Douglas. Stand still. Do not even blow your nose until I finish.
BILL
Third Reading
THE TRUST ADMINISTRATION BILL
(National Assembly Bill No. 29 of 2026)
Mover.
Hon. Temporary Speaker, I beg to move that the Trust Administration Bill, (National Assembly Bill No. 29 Of 2026), be now read a Third Time. I request Hon. Jematiah to second.
Hon. Temporary Speaker, I second. (Question proposed)
Go ahead, Hon. Lekakeny.
Hon. Temporary Speaker, while thanking the House for passing this Bill, it is important to note that we have passed a very consequential Bill. As a trustee of an ongoing trust, this will change the whole scenario of how trusts are run. These trusts were registered under the Ministry of Lands, Public Works, Housing and Urban Development. They were moved to the Companies Registry and it is now clear that the Companies Registry has been specifically mandated to register trusts. And because of this mandate, we hope the Business Registration Service will now be more efficient than the Ministry of Lands, Public Works, Housing and Urban Development. Going forward, the establishment of trusts will be very important. People will not want to hold properties as individuals. They will want to be trustees.
I beg to support.
Thank you. (Question put and agreed to) (The Bill was accordingly read a Third Time and passed) Next Order.
QUESTIONS AND STATEMENTS
Hon. Members, as you may recall, Order No.7 was put on hold. We are now going back to it.
REQUEST FOR STATEMENT
I will start with the Member for Malava.
DELAYED COMPLETION OF KAKAMEGA-WEBUYE (A1) ROAD
Hon. Temporary 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 Transport and Infrastructure regarding the delayed completion of the Kakamega-Webuye (A1) Road.
The construction of Kakamega-Webuye (A1) Road commenced in 2016 under the Kenya National Highways Authority (KeNHA) to serve as a key transport corridor in Western Kenya region, serving, among other constituencies, Malava, Shinyalu, Lurambi and Lugari. The contract was initially awarded to VIL Limited but was subsequently terminated due to non- performance and the works reassigned to Jiangzi Zhongmei Engineering Construction Co. Ltd.
The project involved rehabilitation of the Kakamega-Webuye section of the Kisumu- Kitale Road, including construction of a service lane at Malava Market; provision of a feeder road to Malava Bus Park; installation of adequate culverts along major feeder roads; provision of climbing lanes on steep sections, particularly at Malava Forest; and construction of a footbridge at Isanjiro Town. However, the works have stalled and there is no clear communication to residents and other road users regarding the status of the project, the reasons for the prolonged delay or the expected timelines for completion of the construction works.
Hon. Temporary Speaker, it is against this background that I request for a statement from the Chairperson of the Departmental Committee on Transport and Infrastructure on the following:
- 1. The details of the contracts awarded for the project, including the respective dates of award, contract sums and terms under which the works were subsequently reassigned;
- 2. The status of construction of the Kakamega-Webuye (A1) Road, including the percentage of works completed, outstanding works and expected timelines for completion;
- 3. The total funds allocated, disbursed and utilised for the project to date, including any external financing provided; and,
- 4. The measures that are being undertaken by the Ministry of Roads and Transport and KeNHA to ensure expeditious completion of road construction projects within specified timelines. I thank you, Hon. Temporary Speaker.
Chairperson, Departmental Committee on Transport and Infrastructure? Hon. Komingoi, have you heard the question?
Yes, Hon. Temporary Speaker. We undertake to respond in the first week after recess.
Hon. Ndakwa, the gentleman seated behind you has given an undertaking. Do you know him? He is the Member for Bureti, Hon. Komingoi. He sits in that Committee. Follow up with him to ensure that this question is placed before the Committee. Go there and ensure that it is responded to before they bring it back to the House.
Hon. Members, for the convenience of the House, I will put on hold the pending Statements to allow the Leader of the Majority Party to do his usual Thursday Statement.
STATEMENT
BUSINESS FOR THE WEEK OF 29TH SEPTEMBER – 2ND OCTOBER 2026
Thank you, Hon. Temporary 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, 25th August 2026 to prioritise business for consideration during the week.
The House is set to proceed on its long recess from tomorrow, Friday, 28th August, 2026 and resume its Regular Sittings for the Third Part of the Fifth Session on Tuesday, 29th September, 2026 at 2.30 p.m.
When the House resumes, it is expected to consider the following business, some of which is listed in today’s Order Paper:
- 1. Second Reading of the Public Service Superannuation Scheme (Amendment) Bill, 2025.
- 2. Committee of the whole House on:
- (a) The Kenya Revenue Authority (Amendment) Bill, 2026.
- (b) The Power of Mercy Bill, 2025.
Additionally, the House will debate the following Motions, should they not be concluded today:
- 1. Inspection Visit to the Kenyan Embassy in Rabat, Morocco.
- 2. Inspection Visit to the Kenyan Embassy in Cairo, Egypt.
- 3. Report on Examination of the Audited Financial Statements of various State Corporations (Rift Valley Region).
- 4. Tenth Report on Examination of the Audited Financial Statements of Egerton University.
- 5. Eleventh Report on Examination of Audited Financial Statements for Various Universities. In conclusion, I wish to thank Members, Committees and the House for the collective industry that enabled us to transact the business that was brought before it during the Sitting period that is ending today. As we take a break later today, I wish Members a wonderful recess period as they spend time with their families, rejuvenate and discharge their parliamentary and
constituency or county obligations with the people that elected them to represent them in the august House.
The House Business Committee shall reconvene on Tuesday, 29th September 2026, to schedule business for the rest of that week. I now wish to lay this Statement on the Table of the House.
I wish all the Members a restful recess period. As I said earlier, today is our closing day. I was telling the Member for Mavoko that I am not going to ‘close with him’ as we used to do back in those days when we were in school.
I passed by the house to change because I had come from another engagement and was dressed casually. After taking a shower and changing into a suit, my six-year-old daughter asked me: “Daddy, where are you going?” I told her: “I am going to Parliament. Today is our closing day.” She then asked me: “Have you packed snacks?” She is accustomed to carrying snacks to school on their closing days and so, she assumed that I would also be carrying some for my colleagues. I told her that we do not have a “party day” as they usually do. However, she gave me a small flower, which I promised to wear on my blazer for our closing day as “snacks” for my colleagues to see. Therefore, you can enjoy the flower since I did not bring snacks for you.
Thank you, Hon. Temporary Speaker.
Thank you. I also wish you all a restful recess, just like you have wished all of us. Let us go back to Order No. 7.
QUESTIONS AND STATEMENTS
REQUEST FOR STATEMENT DISAPPEARANCE OF MR JIMMY MUTAVA
Member for Mavoko, Hon. King’ola
Thank you, Hon. Temporary Speaker. I also wish the Leader of the Majority Party a happy holiday. He is lucky to have young children who can give him flowers. We only have grandchildren now.
Pursuant to Standing Order 44(2)(c), I rise to request for a statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the disappearance of Mr Jimmy Mutava Mwanzia.
According to the information provided, Mr Jimmy Mutava Mwanzia, holder of the indicated ID, which I will not disclose here, a resident of Phase Three, Mlolongo, Machakos County, was last seen on 27th July 2026 at Bijou Hotel in Mlolongo. It is alleged that, at the time, he was in the company of the Officer Commanding Station (OCS), Mlolongo Police Station.
It is further alleged that Mr Mwanzia was subsequently apprehended by police officers under the command of the aforementioned OCS. Since then, his family and relatives have neither heard from him nor have been able to establish contact with him, and his whereabouts remain unknown. The circumstances surrounding his alleged abduction have raised serious concerns regarding his safety and welfare. This situation has also subjected his family to immense anxiety, distress and uncertainty.
It is against this background that I request the Chairperson of the Departmental
Committee on Administration and Internal Security on the following:
- 1. A report on the whereabouts of Mr Jimmy Mutava Mwanzia, including the circumstances surrounding his alleged abduction and the status of investigations into the matter.
- 2. The action taken or being taken against the OCS, Mlolongo Police Station, and any other officer implicated in the alleged abduction of Mr Jimmy Mutava Mwanzia.
- 3. The measures that have been put in place to guarantee the safety, welfare and constitutional rights of Mr Jimmy Mutava Mwanzia, as well as the steps being taken to prevent similar occurrences involving citizens.
- 4. The family and residents of Mlolongo Phase Three are urging the Chairperson to request the Cabinet Secretary for Interior and National Administration, Hon. Kipchumba Murkomen, to produce Mr Jimmy Mutava Mwanzia, dead or alive. If he is dead, we want his body so that we can give him a decent burial.
I, thank you, Hon. Temporary Speaker.
Is the Chairperson of the Departmental Committee on Administration and Internal Security in the House? Leader of the Majority Party, a gentleman has disappeared! His name is Mr Jimmy Mutava Mwanzia.
Let me relay this matter to the Chairperson of the Departmental Committee on Administration and Internal Security because it touches on the safety and welfare of a human being. It is a matter of life and death. I will inform the Chairperson to take up the matter and engage with the Member within the next one week. Even as we proceed on recess; this is a working recess, and Committees will still be sitting. There is nothing that prevents the Committee from interrogating this matter and report back to the Member for Mavoko, or even better, invite him to the Committee.
That is why you are the Leader of the Majority Party. You have given us a way forward. This matter should not wait until after the recess. It should be handled next week. Follow up with the Chairperson, Hon. Tongoyo. I order that the Committee meets next week so that the family can know what is happening.
Hon. King’ola, do you have anything to say or we move to the next Order?
I have heard the Leader of the Majority Party. However, the disappearance of a well-known businessman in Mlolongo, who was last seen with a known policeman who abducted him, is a very serious matter. It is almost two months since he disappearance. Indeed, we have made statements and even gone to the High Court in Machakos seeking his immediate release, but nothing is forthcoming. I, therefore, agree that the Leader of the Majority, Hon. Kimani Ichung'wah, as the Leader of Government Business in this House, has the power to instruct the Inspector-General of Police to produce that gentleman. He is somewhere…
Order! Order! Hon. King’ola. The Leader of the Majority Party gave a very good way forward which we will stick to. You are a Commissioner in Parliament. You have been here since… (A Member spoke off the record) Order! He said what should be done and I agree. He can only make the Committee concerned to sit next week. That is an order I have given, and would be implemented.
Thank you. (Hon. Kimani Ichung’wah spoke off the record)
As to the powers of the Leader of the Majority Party, only you know. Hon. Wandeto, this is your chance to request your Statement.
OPERATIONALISATION OF NEWLY GAZETTED ADMINISTRATIVE UNITS IN TETU CONSTITUENCY
Thank you, Hon. Temporary Speaker. This is a request for a statement regarding the operationalisation of newly gazetted administrative units in Tetra Constituency.
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 Administration and Internal Security regarding the delayed operationalisation of newly gazetted administrative units in Tetu Constituency, Nyeri County.
On 14th February 2024, the Cabinet Secretary for Interior and National Administration, pursuant to the National Government Coordination Act, 2013, published Kenya Gazette Notice No. 1766, establishing new administrative units across the country. The establishment of those units was intended to decentralise national Government services and bring administration services closer to the people.
In Tetu Sub-County, Nyeri County, the Gazette Notice established Wamagana Division, Mung’aria, Muthinga, Thiriku and Kiandu locations, Kiangasha, Gathinga, Merishu, Ngondo, Kaguathe, Kiambogo, Motito, Kiandere and Kagogi sub-locations.
Despite their formal establishment two years ago through the Kenya Gazette, those administrative units have not yet been fully operationalised. In addition, the Government has not yet deployed the requisite National Government Administration Officers, including an Assistant County Commissioner, Chiefs and Assistant Chiefs, nor established and equipped the necessary administrative offices to facilitate effective service delivery.
The delay has continued to impose significant challenges on the residents of Tetu Constituency, particularly in accessing Government services, coordinating security operations, responding to emergencies and disasters, and addressing other essential administrative matters.
It has also undermined the Government's objectives of decentralising services and ensuring that national Government administration is accessible and responsive to citizens at the grassroots.
It is against this background that I request for a statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following:
- 1. The reasons for the delay in operationalising the administrative units and the budgetary provisions made by the Government for staffing, establishment and equipping of the units;
- 2. A clear timeline for the full operationalisation of each of the gazetted administrative units, including the deployment of the requisite national Government administration officers; and,
- 3. Provisional measures in place to ensure that residents of Tetu benefit from accessible national Government administration, effective security coordination, disaster response and other essential services within the newly established administrative units.
Thank you.
Thank you. Hon. Sigei, do you sit in the Departmental Committee on Administration and Internal Security?
Hon. Temporary Speaker, I think Hon. Chairman…
Do you sit in that Committee?
Yes, I do.
If you sit in that Committee, I would like to send you there.
Okay, Hon. Temporary Speaker.
It is a very straightforward request. He says that, in his constituency, newly created units need to be operationalised. Now, please take charge of that and inform the Committee Chairperson that we would want the response to this request for statement when we come back from recess in the first week.
Point taken.
Thank you. It is a very straightforward matter. It does not require so many things. Thank you so much. Member for Samburu West, I have seen you walking around the House. You have a statement to request.
Yes, Hon. Temporary Speaker.
Go ahead.
PROLIFERATION OF ADULTERATED ALCOHOLIC DRINKS IN THE COUNTRY
Hon. Temporary 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 Administration and Internal Security regarding the proliferation of adulterated alcoholic drinks in the country.
There have been increasing reports of unscrupulous individuals purportedly engaging in the production, distribution and sale of adulterated alcoholic beverages in the country. Those adulterated alcoholic drinks expose unsuspecting consumers to serious health risks, including permanent disabilities and loss of life. The continued availability of such harmful products in the market raises serious concerns regarding the effectiveness of the regulatory, surveillance and enforcement mechanisms established to safeguard the health and safety of consumers.
It is against this background that I seek for a statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following:
- 1. The measures that the Government has put in place to identify, track, intercept and destroy adulterated alcoholic drinks before they reach consumers;
- 2. The measures that have been taken by the Anti-Counterfeit Authority, the Kenya Bureau of Standards (KeBS) and other relevant regulatory and enforcement agencies to ensure that alcoholic beverages available in the market meet the prescribed quality, safety and health standards;
- 3. The steps that have been taken by national Government agencies in collaboration with county governments to identify and dismantle the networks that are involved in the manufacture, distribution and sale of adulterated alcoholic beverages, specifying the action taken against the persons responsible;
- 4. The number of reported cases of poisoning, serious illness and fatalities associated with the consumption of adulterated alcoholic drinks, including the brands or products involved, the findings of laboratory analyses conducted on the affected products, the substances detected and action taken, if any; and,
- 5. The surveillance, inspection and enforcement mechanisms currently in place to curb the manufacture, distribution and sale of adulterated or sub-standard alcoholic drinks, including an assessment of their effectiveness in deterring offenders and protecting consumers. I thank you.
The Hon. Leader of the Majority Party, this is a matter that I want you to deal with. I do not know whether you named those drinks in your request for statement. Did you name them?
I did not name them because there are bodies responsible. That is why, in one of the questions I asked that we be told the names of those drinks. This is not just the ones we think are sold at liquor stores or the cheaper ones; we need even the ones sold at high-end or the middle… I do not want to name brands right now because…
Order. I am asking this because how do they know those brands are adulterated if we do not have them in a list? Be that as it may, I understand you. Hon. Leader of the Majority Party, this has been with us for a long time. That is why I am giving it to your desk.
Hon. Temporary Speaker, I agree with Hon. Lesuuda that we have a big problem with illicit alcohol. Back in 2015, I proposed a Bill that is now an Act of Parliament, called the Alcoholic Drinks (Amendment) Bill of 2015.
This Bill first recognised alcoholism as a disease. Many of the people we see consuming those illicit brews are sick. I think the challenge has been what the Ministry of Health ought to be doing. We must deal with this matter holistically; from health, administrative and security perspectives. I say administrative because the question you are asking is paramount: which are those illicit brews? Hon. Lesuuda, you are also telling us that it is not just illicit brews. Many people are consuming known brands containing fake alcohol.
They are using branded bottles for various brands to re-bottle the fake alcohol. They are doing this in people’s backyards. Two weeks ago, in my village of Gikambura, Kikuyu Constituency, at Musa Gitau Stage, it took members of the public to demolish two small bars after a young man was stabbed by another when they were fighting. I heard horrific stories from young people from the place. They were telling me: “Mheshimiwa, at least, now I can keep Ksh100 in my pocket. Before, when those bars were there, I could not.”
I am saying this because the Ministry of Health must come up to help in the treatment of people who are suffering from alcoholism. I asked that young man who was telling me that he could now keep Ksh100: “So, what was driving you to the bar; why were you going there?” He told me: “You know, if the bar is here and I have money, I just find myself walking there.” He is sick, but he is not aware. Rehabilitation of people who are suffering from alcoholism is a matter that we need to look into from a health perspective.
Enforcement of existing laws is also a big issue. For example, the Kenya Bureau of Standards (KEBS) is taking action. People are selling fake revenue stamps from the Kenya Revenue Authority (KRA) along Kiambu Road. They are well known. KEBS has been dealing with the revenue stamp issue for the last four years, but it remains unresolved. People are still printing revenue stamps, fixing them on fake alcohol, and selling them to people who believe those revenue and KEBS stamps are genuine, when they are being printed in China. Where is KRA in that matter? We must deal with it.
Licensing bars is a matter that the county governments can never run away from, because they have used it as a revenue stream. The bar that was demolished in my village, Gikambura, is less than 300 metres from two private primary schools. The law is quite clear that you cannot licence a bar within a distance of 300 metres from a public educational institution.
Therefore, Hon. Temporary Speaker, we should not brush off this statement by Hon. Lesuuda. I will ask the Chairman of the Departmental Committee on Internal Security and Administration to look into it. This is because NACADA and other enforcement agencies fall under that State Department of Administration. He should cause them to speak about this matter and answer Hon. Lesuuda when we come back.
I also request the Chairman of the Departmental Committee on Health to take up the matter of alcoholism, especially the treatment and rehabilitation of people who have alcoholism by the Ministry of Health. We enacted a law here that says that alcoholism must be recognised as a disease. Consequently, we must devote resources to the treatment and rehabilitation of alcoholics in our country.
Let us desist from what I have seen from some idle politicians who speak about alcoholism casually. For instance, Samburu County is not in the Mount Kenya Region. Marsabit County, where my good sister, Hon. Naomi, comes from, is not in the Mount Kenya Region. The issue of drugs in Isiolo and Marsabit counties is a big problem. I have not heard a single idle politician from this region saying it is the Government that has brought drugs to our people to finish them. However, you hear the idiocy and idleness of idiotic politicians saying that alcohol is being brought to this region to finish our people because we have seven million voters. Shame on you!
I did not think it would go that way, and I do not want it to go that way.
Shame on them, Hon. Temporary Speaker! I say shame on them because we must call idiocy what it is. Empty-headed people must be told so without flinching an eyelid. We must think about offering solutions, as I did back in 2015 as a legislator. I would expect any legislator in this House, like what Hon. Lesuuda has done, to challenge those in positions of authority, be it KEBS or the Ministry of Health, to come up with measures that will help us to implement the existing laws.
If there are laws that we need to improve, we will improve them. Therefore, Hon. Lesuuda, rest assured that I will pick up that matter with the two Committees so that we have a more multi-sectoral approach to this problem. It is, indeed, a big problem not just in Samburu County, but across the entire region. I hear the Member for Baringo saying they have the same problem in Baringo, and many other parts of this country.
There is no place you can go in this country and not find young men who are drunk during the day. This morning, I was somewhere in Limuru and a young man approached me with a lung problem. He told me that he was not going to lie to me. He said he had been a smoker but had stopped smoking. He also told me that one of his lungs had collapsed. All he wanted was Ksh7,500 to pay for his Social Health Authority (SHA) to get treatment. He was told SHA would pay if he was registered. I offered to register him for SHA, but when he insisted he wanted the money, I told him to give me his mother’s phone number so that I could call her, get his identity card number and hospital documentation, and pay SHA directly. The young man smelled of alcohol. We had a long engagement for over 20 minutes on how he also needs to stop drinking. This is what we must do as leaders. If you save one life, maybe that is what you are called to do as a leader.
Thank you, Hon. Temporary Speaker.
Thank you. Hon. Mayaka.
Thank you, Hon. Temporary Speaker. I want to add my voice to this issue because, as has been said, it is affecting many counties. TikTok has stories about fake alcohol. It even has stories narrated by doctors about how people die because of partaking in fake alcohol.
I have heard from friends that you can scan the QR code on alcoholic drinks. If you scan it and it does not give you any information, you can return the drink to the person who sold it to you. How many people are aware that you can scan the code to confirm whether a drink is fake or not? So, we need to task KEBS, KRA, and related agencies. This is because
this issue is really affecting our young people, including my home county, Nyamira. People are getting sick because of taking fake alcohol.
We are not saying there is anything wrong with taking alcohol. Jesus turned water into wine. But also, as the Leader of the Majority Party has said, alcoholism is a problem. People should not have access to fake alcohol. So, this is a serious issue that needs to be investigated so that we can find solutions. Thank you.
So, are you certain that the wine that was turned was the real one?
It was real. It was not fake because people did not get sick. Thank you.
Hon. Mathenge.
Thank you. Hon. Temporary Speaker, I stand in support of Hon. Lesuuda. The tales in Nyeri are pathetic. To begin with, the county governments are the weakest link in this fight. In Nyeri, bars operate because they are awaiting approval until August, which is towards the last quarter of the year. So, they have no licenses. Apparently, they are being processed. In the meantime, they have a local arrangement that allows them to operate.
Depots open beyond normal operating hours, but the business owners are never arrested. Only their employees are arrested, taken to court and fined, while the business owner remains protected and untouchable. On the issue of fake stamps that Hon. Lesuuda and the Hon. Leader of the Majority Party have mentioned, KRA declares the stamps on seized alcohol fake. But they go behind the scenes, and as long as the owner of the alcohol agrees to pay the lost revenue, apparently, KRA has no complaint.
There is a body called the Kenya Anti-Counterfeit Agency (ACA), which is the missing link. It is not KRA.
The issue needs the multi-sectoral approach. I was once present during a KRA inspection exercise. A pickup motor vehicle full of products was present. During the inspection, KRA inspectors said all the KRA stamps affixed to the products were fake. When the case was taken to court, KRA said it was no longer a party because the vendor agreed to pay taxes. I thank Hon. Lesuuda and urge Members to be present in the House when this issue is brought on the Floor because it is weighty.
Member for Baringo. Contribute for two minutes, please.
Thank you so much, Hon. Temporary Speaker. I want to add my concerns on this matter. As Members of Parliament, we will make laws and formulate policies to stop manufacturers and institutions that produce fake alcohol so that we can curtail this problem.
However, the bigger issue is that we cannot legislate morals and intentions. My worry in the African setup today is that nightclubs and churches are near each other. Nightclubs are near the estates where children are brought up. A disco is in one building, and a church is in the next. Therefore, there is a missing link not only in Government operations, but also in society. We are literally watching a generation drain away.
In last year’s Kenya Defence Forces (KDF) recruitment, alcoholism was not the only reason for disqualification, but also other drugs and substance abuse. It is even worse when girls and young mothers are involved. It is just crazy. Therefore, I support my friend, Hon. Lesuuda, because this matter deserves the weight it deserves.
Thank you, Hon. Temporary Speaker.
This is a request for a statement. Hon. Gikaria, do you want to say something on it, or respond?
Thank you, Hon. Temporary Speaker. I request your indulgence. I have a flight to catch, and I have three responses to statements. Direct me, as I have only the next 20 minutes.
We have reorganised the Order Paper so many times today. So, I will not do it again. I am sorry. We have four Statements. I request that we run through them and then we come to the responses.
Can I table them so the Members who asked for them can look at them?
No. Take your seat. In the next 10 minutes, we will finish the requests for statements, and then we will start the responses. The request by Hon. Lesuuda is referred to the Departmental Committee on Health and the Departmental Committee on Administration and Internal Security.
The next request is from Hon. Ngogoyo. I can see him in the House. If you can summarise your Statement, I would appreciate it.
MINING OF MINERALS IN KWALE COUNTY
Thank you, Hon. Temporary Speaker. I will do as guided. 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 Environment, Forestry and Mining regarding the proposed mining of niobium and rare earth minerals at Mrima Hill in Kwale County.
Mrima Hill in Kwale County contains significant deposits of niobium and rare earth elements. In March 2026, the Government commenced a process for the award of mineral rights for the development of those deposits and subsequently invited expressions of interest for the Mrima Hill Niobium, Rare Earth Elements and Other Minerals Development Project. The proposed development has, however, raised concerns regarding its potential environmental and cultural impact, the involvement of local communities and the safeguards being put in place before mining activities commence.
The Hill is a protected forest and an area of significant cultural and heritage importance to the local communities. Those concerns are particularly significant in light of the 2017 decision of the Court of Appeal, which declared a previous mining licence over Mrima Hill issued to Cortec Mining Kenya null and void, as it had been issued without the requisite environmental, forestry, and heritage approvals. The Court underscored the protected status of the Hill and the necessity of obtaining the relevant statutory approvals before mining activities could lawfully be undertaken.
It is against this background that I request for a statement from the Chairperson of the Departmental Committee on Environment, Forestry and Mining on the following:
- 1. The status of the tender and licensing process for the development of niobium, rare earth elements and other mineral deposits at Mrima Hill.
- 2. Measures that have been taken by the relevant Ministries to ensure compliance with all environmental, forestry and cultural heritage requirements applicable to Mrima Hill, including the status of the requisite environmental impact assessments, approvals and consents.
- 3. Details of the public participation and consultations undertaken with the County Government of Kwale, Kaya elders, Community Forest Associations and other affected local communities in relation to the proposed project.
- 4. An outline of the benefit-sharing and community development arrangements proposed for the project, including measures to ensure that the County
Government of Kwale and affected local communities receive their lawful share of the benefits accruing from the exploitation of the mineral resources. I thank you, Hon. Temporary Speaker.
Well said. The Deputy Whip of the Majority Party, I hope you note this Statement and place it before the Departmental Committee on Environment, Forestry and Mining, to respond in the second week after recess.
Most obliged, Hon. Temporary Speaker. I will do so.
Thank you. Hon. Ngogoyo, I hope you have heard that the relevant Committee will respond in the second week after recess. (Hon. Onesmus Ngogoyo spoke off the record) Is Hon. Fatuma Masito in the House? Hon. Akuja Protus? Hon. Sigei, go ahead.
TRANSITIONING OF THE NEW KCC FROM PUBLIC TO PRIVATE MANAGEMENT
Thank you, Hon. Temporary 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 Agriculture and Livestock regarding transitioning of the New Kenya Co-operative Creameries (KCC) from public to private management.
Over the years, New KCC, particularly the Sotik Plant, has continued to play a significant role in the dairy sector value chain by providing a market for milk produced by farmers, thus supporting the stability of the dairy sector and supporting livelihoods for hundreds of households within the rural economy in the region.
Established in 1925 as the KCC, it was rebranded as New KCC in 2005 and has continued to operate as a fully State-owned enterprise to date. Reports of its proposed transition to private management have caused anxiety among dairy farmers, employees, suppliers and service providers, some of whom have not been paid their dues, including remittance of statutory deductions, since June 2026.
The lack of clarity in the process, the timeliness and the safeguards for public assets and the interests of farmers, employees and stakeholders have caused a lot of uncertainty in Sotik Constituency about the future of the New Kenya Co-operative Creameries (New KCC) Plant in the region.
It is against this background that I seek a statement from the Chairperson of the Departmental Committee on Agriculture and Livestock on the following:
- 1. The current status of the ownership and operations of the New KCC-Sotik Plant, including clarification on plans and timelines to transition it and any other plans from being State-owned to private management.
- 2. The policy considerations, including the rationale, objectives and expected benefits to dairy farmers, underpinning the reported plans to transition New KCC to private management.
- 3. A report on any public participation and consultations undertaken on the reported transition with dairy farmers, farmer co-operatives, employees, suppliers, consumers and other stakeholders, specifying the details of the views received and how they have informed the transition.
- 4. The status of all outstanding debts and liabilities owed by and to the New KCC- Sotik Plant, including debts owed to dairy farmers, co-operatives, suppliers,
employees and other creditors, and the arrangements that have been put in place for their settlement or offsetting before or during the transition.
- 5. The measures instituted to safeguard the public assets, investments, infrastructure, land, equipment and other resources held by the New KCC-Sotik Plant from loss resulting from the transition.
- 6. The regulatory and oversight framework that will govern the privately managed New KCC to ensure continued support for the dairy sector, fair competition, transparency, accountability and protection of the interests of farmers, consumers and other stakeholders in the dairy sector. I thank you, Hon. Temporary Speaker.
Thank you. Deputy Whip of the Majority Party, this is also under your charge. Please ensure the Chairperson and the Departmental Committee on Agriculture and Livestock are reached and that a response is brought before the House. We can consider it after we resume from recess.
Thank you, Hon. Temporary Speaker. We will do so. You will receive the response two weeks after we resume from recess.
Thank you. Hon. Umulkher Harun.
DEMISE OF MR YUSUF BARRE ALI HIRE
Hon. Temporary Speaker, pursuant to the provisions of Standing Order 44(2)(c), I wish to request a statement from the Chairperson of the Departmental Committee on Tourism and Wildlife regarding the tragic death of Mr Yusuf Barre Ali Hire, a resident of Boka, Tana River County, following a crocodile attack.
On 29th July 2026, Mr Yusuf Barre Ali reportedly went missing after he went to graze his goats along the Tana River. Following an extensive search involving officers from the Kenya Wildlife Service, the Kenya Red Cross and members of the local community, his body was recovered on 2nd August 2026.
It is alleged that parts of his body, including his right hand and right leg, are missing, indicating, seemingly, that he may have been attacked by a crocodile.
Hon. Temporary Speaker, it has further been alleged by someone who reportedly witnessed the incident that the deceased was thrown into the river by officers from the Kenya Wildlife Service. This allegation, together with the circumstances surrounding his disappearance and death, warrants a thorough investigation to establish what transpired and to ensure accountability where necessary.
The tragic incident has caused considerable concern among residents of Tana River and Garissa counties, particularly among communities living along the rivers and other water bodies where human-wildlife conflict poses a persistent threat to human life and livelihoods.
Hon. Temporary Speaker, it is against this background that I request for a statement from the Chairperson of the Departmental Committee on Tourism and Wildlife on the following:
- 1. The circumstances surrounding the disappearance and death of Mr Yusuf, including a report on the investigations into the allegations that he was thrown into the river by officers from Kenya Wildlife Service, and any action taken against the persons found culpable.
- 2. The measures that have been put in place to prevent crocodile attacks and mitigate human-wildlife conflict along Tana River and other identified high-risk areas and an indication on the timelines for payment of compensation that is owed to the family. Thank you, Hon. Temporary Speaker.
Thank you. Again, this should reach the Chairperson of the Departmental Committee on Internal Administration and Security. The Deputy Whip of the Majority Party.
Hon. Temporary Speaker, this is a matter that needs some serious attention because someone has already lost his life and many more are in danger. So, I suggest that during recess, the Committee take up that matter and give a proper response so that we can avoid such challenges in the future. This has happened in many counties, and we should pay attention to it. Thank you.
This will be placed before that Committee while they also deal with the question asked earlier by the Member for Mavoko. We ordered that they should sit next week and look into it.
Member for West Mugirango, Hon. Mogaka.
EXCLUSION OF MOBAMBA COMPREHENSIVE SCHOOL FROM STATE HOUSE GALA PERFORMANCE
Thank you, Hon. Temporary Speaker, for allowing me to request for a statement regarding the exclusion of a winning school from exhibiting their item at the State House Gala.
Hon. Temporary Speaker, pursuant to the provisions of Standing Order No. 44(2)(c), I wish to request for a statement from the Chairperson of the Departmental Committee on Education regarding the exclusion of Mobamba Comprehensive School in West Mugirango Constituency, Nyamira County, from the recent State House Performance Gala, arising from the winners from Kibabii University.
Hon. Temporary Speaker, Mobamba Comprehensive School successfully competed at the National Music Festival. Subsequent to that, they got an invitation to the Gala Performance, which they honoured. However, regrettably, no school or learners from Nyamira County were invited to present or exhibit their winning items at the State House event. The recent exclusion of Mobamba School has raised concerns regarding the criteria being applied in selecting schools for national recognition and the adequacy of Government support for co-curricular activities.
Reportedly, on 8th August 2026, the said Mobamba Comprehensive School sought transport assistance to attend and participate in the National Music Festival held at Kibabii University in Bungoma County, but was denied such support from the Ministry.
It is against this background that I request for a statement from the Chairperson of the Departmental Committee on Education on the following:
- 1. The criteria applied in selecting schools and learners that are invited to the Statehouse gala performance annually, including the ranking of the schools so selected.
- 2. The reasons for the exclusion of Mobamba Comprehensive School and why Nyamira County, as a whole, did not have any representation at State House.
- 3. The measures the Ministry of Education has taken to ensure fairness and equality of opportunity in the selection of schools for national recognition, including, but not limited to, the status of Government funding for co-curricular activities and whether budget lines exist to facilitate the transport of schools that qualify for national competitions, so that Members of Parliament like myself do not have to meet such expenses. I thank you, Hon. Temporary Speaker.
This is an interesting one. The Whip of the Majority Party, again, let this reach the Departmental Committee on Education.
I promise to communicate this to the Chair so that the response is given two weeks after the recess.
Hon. Mogaka, you have heard that? We are all looking forward to that answer.
I have heard that, and I will speak to the Cabinet Secretary himself in the language I share with him because we need fairness and parity in the treatment of schools.
Thank you so much. (Hon. Temporary Speaker consulted with the clerks-at-the-Table)
Hon. Members, just to take you back a bit on the question by Hon. Umulkher Harun. I had referred the matter to the Departmental Committee on Administration and Internal Security. The appropriate Committee would be the Departmental Committee on Tourism and Wildlife. I am, therefore, referring it to that Committee and invite the Whip of the Majority Party to note the same.
Thank you. Members, we now move to responses.
RESPONSE TO STATEMENTS
Hon. Members, under this, I would like to defer the following responses because the Members concerned are not present. We re- organised the Order Paper quite heavily this afternoon, and some Members have left early. The response to the statement by Hon. Caleb Amisi of Saboti Constituency, Hon. Owen Baya of Kilifi North Constituency and Hon. Daniel Manduku of Nyaribari Masaba Constituency are accordingly deferred until the next time they are scheduled on the Order Paper.
We, therefore, move to the response to the request by the Member for Samburu West on power outages in Samburu West Constituency. This is by the Chairperson of the Departmental Committee on Energy.
POWER OUTAGE IN SAMBURU WEST CONSTITUENCY
Hon. Temporary Speaker, this is a response following a letter dated 22nd June 2026. There was a request from Hon. Naisula Lesuuda, Member of Parliament for Samburu West Constituency.
The following was requested: First, the status of the parallelisation of Rumuruti Sub- station, including the reasons for the delay. Currently, Maralal Town is supplied with power from Lanet Sub-station through the long 33 KV Nyahururu II line. The interruptions experienced on 14th August 2026 were associated with intermittent earth faults on the existing network, which manifested mainly at night. Teams have undertaken inspections, and corrective action has been taken to stabilise the supply.
However, supply reliability will significantly improve upon the commissioning of the Kenya Electricity Transmission Company (KETRACO) Rumuruti 132/33 KV Sub-station. The Rumuruti 132/33 KV Sub-station is being implemented by KETRACO. The project is at the commissioning stage, and Kenya Power is coordinating closely with KETRACO on its commissioning and the associated 33 KV evacuation arrangements. Kenya Power has completed the 33 KV feeder lines in readiness for this.
Upon commissioning, the sub-station will provide four 33KV feeder outlets, one of which is planned as a dedicated sub-transmission supply to Maralal Town. This will shorten
the supply route, strengthen voltage performance and improve operational flexibility for Samburu West Constituency.
Regarding the interconnected project comprising the Nanyuki-Isiolo-Meru and Nanyuki-Rumuruti transmission lines, the Nanyuki underground cable and the associated sub- station have been substantially completed and are currently at various stages of commissioning and energisation. The Isiolo-Nanyuki Project has been completed and is scheduled for commissioning on the 27th. This was actually commissioned today at 10.00 a.m. and it is working. I have just received a message from the Principal Secretary. Similarly, the 132KV Nanyuki-Rumuruti Transmission Project has been completed and is awaiting energisation. The delay in energisation has been occasioned by the need to undertake comprehensive system studies to assess the impact of the interconnected projects on network stability to ensure that the system remains stable and secure upon energisation. The studies are being undertaken jointly with Kenya Power and Kenya Electricity Transmission Company (KETRACO).
The second question was on the expected timelines for the completion and
commissioning of Rumuruti Sub-station. Following the commissioning of the Isiolo-Nanyuki
Project, the system monitoring will be undertaken jointly with Kenya Power, subject to completion of the system study and receipt of the final go-ahead to energise the Nanyuki- Rumuruti Project. As I said, this was actually energised today and it is working on very well. The commissioning and energisation of this interconnected project will strengthen the 132KV transmission network serving the region; improve voltage levels; enhance network stability and reliability; reduce the frequency and duration of unexpected power outages; and increase the available transmission capacity to meet the growing electricity demand in Samburu West and the neighbouring areas. The strengthened network will also improve the quality and efficiency of electricity supply of households, businesses and public institutions.
The last question is regarding the alternative or strategic partnership being explored by the Ministry to provide Maralal and the entire Samburu West Constituency with supplementary or backup power sources to mitigate the effect of power outages in future. To respond to that question, pending commissioning of the Rumuruti Sub-station, Kenya Power has implemented immediate corrective measures on the existing supply network. It has joined technical teams for Maralal and Nyahururu, repaired an aerial earth wire at Ngomongo on the 14th August 2026, replaced the shattered pins insulators around Muchongoi, assessed breakers and protection operations and reset the affected protection equipment on the 19th of August. Pole to pole inspection and review of relay settings and gradings are continuing. Line fault indicators were insulated on 24th August 2026 to improve fault location and diagnosis. Supply has remained stable since the corrective actions were done on the 19th August 2026.
For mid-term and long-term resilience, Kenya Power is working with KETRACO to commission the Rumuruti 132/33KV Sub-station, its dedicated Maralal supply line. In addition, a network ring through the Wamba link is at the final design stage. The ring arrangement is intended to provide an alternative supply path from Isiolo and reduce dependence on existing radial feeder. Kenya Power will also continue preventive maintenance, protection coordination, vegetation management, targeted replacement of defective line components and timely customer communication during planned and prolonged interruptions.
Looking ahead, KETRACO has also identified further transmission projects under the 2024–2043 KETRACO Transmission Master Plan, including the 400 KV Losuk–Lodwar, 132 KV Rumuruti–Maralal, and 132 KV Menengai–Olkalou–Rumuruti projects. Those projects are currently under finance sourcing arrangements and are expected to further reinforce the transmission network that is serving the region once it is implemented.
On the fourth question on whether any plans have been made by the Ministry to compensate affected residents and businesses for losses occasioned by perennial power outages, whereas the Ministry of Energy has no provisions for automatic or blanket
compensation solely on account of power interruptions, it endeavours, through Kenya Power, to prioritise safe and reliable restoration of supply and the implementation of corrective and network reinforcement measures that are outlined as follows:
The Ministry, on behalf of Kenya Power, regrets the inconveniences caused to residents, businesses and institutions in Maralal Town and the wider Samburu West Constituency. Kenya Power remains committed to improving supply reliability and customer communication.
Thank you, Hon. Speaker.
Hon. Lesuuda, I assume you got this response much earlier and so, you have read it and heard it. Go ahead.
Thank you, Hon. Temporary Speaker. I want to thank the Chairperson of the Departmental Committee on Energy for that detailed response. I like the fact that it has deadlines, because it is easier to follow. Based on the dates that have been provided, I do hope that the Chairperson of the Committee will also follow through. I will be keen to see that, that happens.
I am happy that now it is not just about promises, but there are significant dates and timelines that will ensure that we have reliable power in Samburu West. Having said that, still on the same matter, now that I have the microphone, I want to say that, as we talk about power, we also need to talk about people's lives. It is very unfortunate that today, in Samburu West and Samburu County, we are actually mourning.
We have had three incidents where people have died. Homes were reportedly ambushed by suspected bandits, and one person was confirmed dead. At the same time, there was gunfire at Lorian Water Point in Morijo where livestock were driven away, and people were killed.
Lastly, there was a bus incident along the Mbukoi-Baragoi Road. A bus was involved in an incident, leaving the driver and two other people injured, while other travellers are still in the bush as security personnel assist and secure the passengers. I just wanted to say that even as we talk about power, we also need to ensure that the security of the people of Samburu County is taken seriously.
Thank you, Hon. Temporary Speaker.
Well, noted. I think the agencies concerned have also listened to you this evening to deal with the security matters there.
Hon. Gikaria, you have heard what the Member has said. Please ensure that the agencies you speak to stick to the deadlines and timelines they have provided to ensure that Samburu West, and Samburu generally, is well powered. Thank you. The next response is….
Hon. Temporary Speaker…
Yes, Hon. Gikaria.
The Speaker had directed that we were supposed to give these responses on Tuesday, but now I have two more. I wish, perhaps, we could clarify to whom these relate. One was by Hon. Edith Nyenze, Member of Parliament for Kitui West, and the other was from Hon. Tungule Kazungu, Member of Parliament for Ganze Constituency.
I would defer them until next time when they are placed on the Order Paper.
Most obliged.
Thank you. The next one with a request is Hon. Abdul Haro. Is he in the House? I can see him there. Hon. Member for Bureti, I am told you are sitting in for the Chairperson of the Departmental Committee on Transport and Infrastructure. Please go ahead and give your response.
OPERATIONALISATION OF KOTULO AIRSTRIP
Thank you, Hon. Temporary Speaker. My good friend, Member for Mandera South Constituency, Hon. Abdul, had requested a statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding the condition and operationalisation of Kotulo Airstrip in Mandera County.
Hon. Temporary Speaker, Hon. Haro sought to establish the following:
- 1. A report on the status of Kotulo Airstrip, including the total cost incurred in its construction, and the reasons for its current non-operational status, including any legal, regulatory or administrative constraints;
- 2. The measures that have been put in place by the Ministry of Roads and Transport to rehabilitate, upgrade and operationalise Kotulo Airstrip, including budgetary allocation and the expected completion timelines; and,
- 3. The steps being taken to safeguard the existing infrastructure of the airstrip from further deterioration pending its operationalisation.
The Committee received a response from the Ministry of Roads and Transport through the Clerk of the National Assembly, which I now wish to make. The Report was written last Friday and so, the Committee has not been able to interrogate the response, other than the report that has been presented here.
Regarding the status of Kotulo Airstrip and the total cost incurred in its construction, the Ministry submitted that Kotulo Airstrip, which is located in Mandera County, was completed on 26th February 2020 under Phase I of the development project. The facility comprised a Code 3B aerodrome with a single gravel runway, orientation 18/36, measuring 1.4 kilometres in length and 30 metres in width, including two taxiways and an apron, all constructed to gravel, that is, murram standards.
In general, the facility conforms to the International Civil Aviation Organisation (ICAO) Standards, Annex 14 requirements for basic aerodromes. The project was funded under the Airstrip Development Vote by the then Ministry of Transport, Infrastructure, Housing and Urban Development in the Financial Year 2017/2018.
It was started on 26th August 2018 and was completed on 26th February 2020 at a cost of Ksh80,151,829.80. The contractor was Nurki Construction Company as a joint venture with Frontier Engineering Limited. The project was 100 per cent complete and certified 100 per cent complete. The defects notification period ended on 26th February 2021. It was subsequently handed over to the Kenya Airports Authority (KAA) for operation and maintenance. Since completion, the airstrip has supported the Government's security and humanitarian efforts, albeit on a very limited operational scale.
Regarding the reasons for the airstrip's current operational status, the Ministry submitted that the airstrip continues to face significant operational constraints, primarily due to its gravel surface and environmental exposure. These include rapid surface deterioration resulting from wind erosion and seasonal rainfall, increasing the risk of foreign object debris and posing safety concerns for aircraft operations. High maintenance requirements and other stated recurrent costs reduce operational reliability, particularly during adverse weather conditions. The encroachment by vegetation within the runway strip also compromises visibility and safety margins. Those challenges collectively limit the efficiency, safety and sustainability of operations at the facility and hinder its full operationalisation.
Regarding the measures to rehabilitate, upgrade and operationalise Kotulo Airstrip, the Ministry submitted that while Phase I established the foundational infrastructure, further investment is required to achieve full operational capacity. There is a compelling need to implement Phase II upgrades, including upgrading the runway, taxiways and apron to asphalt, that is, bituminous standards, to ensure durability and all-weather operations.
In conclusion, the Ministry submitted that the improvements will significantly enhance the strategic role of Kotulo Airstrip as a critical enabler of security operations, humanitarian response and socio-economic development in Mandera County and the wider northern Kenya region, while underscoring the current operational status of the airstrip and the need for targeted investment to ensure its optimal utilisation, improved efficiency and long-term sustainability.
That is the response we received. I have gone through the response myself, together with the Hon. Chairman, and I have talked to him. There are two questions that have not been responded to by the Ministry, which I wish to raise, and I know the Hon. Member will surely raise them. They are about the question of what will happen to the airstrip and what the plan of the Ministry is for the airstrip, together with its budgetary allocation and the intended timelines for the construction of the project, to make sure that this project is completed in a timely manner.
Because this response was given just last week, I assure the Member that we will further process this question. This is because in our opinion as the Committee, it is both inadequate and insufficient to take care of the concerns of the Member, and for the purposes of the general development of Kotulo Airstrip in the Northern region in order for it to serve its purpose.
Thank you.
Very well said. Hon. Haro.
Thank you, Hon. Temporary Speaker. I also thank the Committee because obviously they found that the report is unsatisfactory. Indeed, it is unsatisfactory. As the Committee goes back to interrogate this statement further, I would like to mention a few things that the Committee should look into. One, the report says that since completion, the airstrip has supported Government, security, and humanitarian operations. That is factually not correct. Six years down the line since the completion of the airstrip, the airstrip has remained unused. It has never been used. Therefore, it has not been supporting those operations we are speaking about. We are worried especially now that we are preparing for an El Niño. We are being told that it will even be harsher than the one we had last time. This is a region where the roads are bad, there is a lot of security insensitivity and a lot of humanitarian needs. This is heightened with El Niño. That is one worry that we have.
Two, I also asked that the statement addresses the two key issues that the Committee has pointed out. I asked for the Ministry to give timelines and implementation schedules for any improvements to make the airstrip operational. I also asked about any budgetary measures for the airstrip to make it operational. Of course, there is no indication that phase two is already budgeted, and there is no allocation for it in this Financial Year. This appears like an unfunded request.
Three, the Statement also states that the airstrip was handed over to the Kenya Airports Authority (KAA) for operational and maintenance purposes. But there is no indication at all for the last six years that there is maintenance by KAA since the handover. Kenya Airports Authority does not have any budgetary allocation for the Kotulo Airstrip. Those are the issues that I want the Committee to address as they interrogate this matter further.
Thank you.
Thank you. As admitted by the Member of the Committee… Are you the Vice-Chair? (Hon. Kibet Komingoi spoke off the record) When the Committee calls the Ministry officials, I am sure you will be available to raise these concerns yourself before that Committee. Hon. Komingoi, take it up and liaise with the Member. How soon do you want to call the Ministry on this matter?
Hon. Temporary Speaker, would you allow me to coordinate with the Member when the next meeting will be coming up? That is with regards to the Departmental Committee on Transport and Infrastructure. This will enable us to work it out together.
Okay. I am sure Hon. Haro you are well guided.
Thank you.
Member, for the convenience of the House, allow me to re-organise the Order Paper. (Hon. Joseph Munyoro spoke off the record)
Hon. Joseph Munyoro.
Thank you, Hon. Speaker. I wanted to raise an issue with the Departmental Committee on Transport and Infrastructure. I sought for a statement here regarding a road in my constituency - the Ngonda-Gatumbi-Gachocho Road. They had promised to give us an answer in two weeks’ time. It has now been over a month. I wanted to find out now because we are going on recess. We have also been told by the Meteorological Department that there will be El Niño. Murang’a, where we come from, is a very mountainous region. The landslides there are prevalent.
The contractor has been paid his dues. He had started constructing the road, went halfway, got paid, and then he disappeared. All we wanted to know from the Ministry is when the contractor will be back on site. This is because if we do not do it before the rains start, the area will become impassable, people will have no route to go anywhere, and they will be marooned. I want to find out from the Committee where we are on this because it was supposed to be done by now.
Hon. Komingoi, this is a very genuine concern. Are you by any chance sitting during this recess as a Committee?
Yes, Hon. Temporary Speaker. We are aware of the delay. I had discussed with the Member that the Ministry has not responded to his request for statement. I talked to the Vice-Chairman, who was around in the morning. He made a call to the Principal Secretary who said that they have not responded to it because they are discussing with the contractor. I ask the Member to give us by next week. We will then be able to see whether there is any response to this particular request for a statement.
I remember that it elicited a lot of concerns from Members. Knowing that the rains are coming, the contractor is fully paid and mobilised and that there is no debt on this road, there is no reason why the contractor should not be on the road. For that reason, we will see what we can do to help the Member. We will see what we can do in the next meeting. We will be having a meeting with the State Department for Roads, but they have not confirmed it even though the invitation has been sent. I will personally pursue to see to it that we get a response to the Member as soon as it is practically possible.
Hon. Yusuf, take it up with Hon. Komingoi. In any case, within two weeks, even if we are in recess, please, let us get a response to this matter.
Hon. Members, I had mentioned that we had re-organised the Order Paper much earlier; and we skipped Order No.4. Let us go back to it. Clerks-at-the-Table, call out Order No.4.
PETITION
The Petition was to be presented by Hon. Owen Baya, but we shall allow the Deputy Whip of the Majority Party to present it.
As you have rightfully said, I am doing this on behalf of the Deputy Leader of the Majority Party, Hon. Owen Baya, who is attending to another official duty. He requested me to present the Petition because he is so concerned about it, and so that he can get the response as early as possible.
Okay. Go ahead.
ENVIRONMENTAL COMPLIANCE IN KILIFI COUNTY.
Hon. Temporary Speaker, I rise to present a public Petition on environmental compliance in Kilifi County.
I, the undersigned, on behalf of the residents of Watamu Ward in Kilifi North Constituency, Kilifi County, draw the attention of the House to the following:
THAT, the residents of Watamu Ward are gravely concerned about the environmental integrity, safety and legality of a large development under construction at Twiga, Jacaranda, Watamu, and the risks it poses to the marine ecosystem, the natural environment and the tourism economy upon which the community depends. THAT, the development stands in close proximity to the ocean, with some of its supporting pillars reportedly situated in or immediately adjacent to ocean water, raising serious concerns regarding coastal erosion and degradation of the marine and beach environment and the long-term ecological impact of the structure on the shoreline. THAT, the concerns raised are heightened by the potential consequences of any structural failure of a large development, which could endanger residents, construction workers, tourists, businesses and members of the public. THAT, the National Environment Management Authority (NEMA) and the National Construction Authority (NCA) have previously inspected the development and issued notices concerning the construction, but construction is reportedly continuing. THAT, the existing structure, including the number of floors, number of units, overall size, configuration and intended use, may not be as per the approved architectural and structural plans. THAT, the Petitioners are further concerned that the premises may have been occupied or put into commercial use without requisite verification of all the approvals, permits and certificates, including certificate of occupation. THAT, proximity of the structure to the ocean also raises environmental and coastal-management concerns, contrary to Article 42 of the Constitution that guarantees every person the right to a clean and healthy environment. THAT, under the Environmental Management and Co-ordination Act, projects falling within the statutory framework are subject to environmental impact assessment requirements before the relevant licence is issued, and the Authority may require a fresh assessment where a project has been substantially modified or poses an environmental threat not reasonably foreseen during the original assessment. THAT, Watamu beaches, marine ecosystem, natural environment and tourism attractions are important economic and social assets to the local community and any development that is unsafe, improperly approved or environmentally non-compliant could adversely affect both public safety and the tourism industry on which many residents and businesses depend.
THAT, despite repeated efforts by the residents to seek redress from relevant authorities, no tangible results have been achieved to date; and, THAT, the issues raised in this Petition are not pending before any court of law, constitutional body, or other legal institution.
Therefore, your humble Petitioners pray that the National Assembly, through the Departmental Committee on Environment, Forestry and Mining:
- 1. Engages the National Environment Management Authority and any other relevant Government agencies with a view to establishing whether environmental impact assessment on the project was undertaken and the relevant licences issued, environmental inspection of the development undertaken to safeguard human life, public safety, the environment and the tourism interests of Watamu;
- 2. Recommends that appropriate remedial or enforcement action, including demolition where necessary, be taken without further delay in regard to the said building, subject to the applicable law and due process, in order to prevent loss of life, protect wildlife and preserve the dignity and integrity of Watamu’s coastal and marine environment; and,
- 3. Makes any other recommendations it may deem appropriate to address the plight of the Petitioners.
And your Petitioners will forever pray.
Thank you so much. This Petition is accordingly committed to the Public Petitions Committee. The response will be given in the next Session, when slotted.
Next Order.
BILL
Second Reading
THE PUBLIC SERVICE SUPERANNUATION SCHEME (AMENDMENT) BILL
(National Assembly Bill No. 33 of 2025)
Hon. Members, because I cannot see the Mover of this Bill, I order it to be deferred to the next time we slot it in the Order Paper. (Bill deferred) Next Order.
MOTIONS
ADOPTION OF REPORT ON INSPECTION VISIT TO THE KENYAN EMBASSY IN MOROCCO
THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its inspection visit to the Kenyan Embassy in Rabat, Morocco from 22nd to 25th March 2026, laid on the Table of the House on Tuesday, 28th July 2026.
Hon. Members, I accordingly defer this Order because I cannot see the Chairperson of the relevant Committee to move it for debate.
ADOPTION OF REPORT ON INSPECTION VISIT TO THE KENYAN EMBASSY IN EGYPT
THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its inspection visit to the Kenyan Embassy in Cairo, Egypt, held from 26th to 30th March 2026, laid on the Table of the House on Tuesday, 28th July 2026.
Hon. Members, Order No. 15 is to be moved by the same Chairperson and because he is not in the House, the Motion is accordingly deferred to the next time it is slotted in the Order Paper.
NINTH REPORT ON EXAMINATION OF THE AUDITED FINANCIAL STATEMENTS OF VARIOUS STATE CORPORATIONS (RIFT VALLEY REGION)
THAT, this House adopts the Ninth Report of the Public Investments
Committee on Governance and Education on its Examination of the audited
financial statements of various State Corporations (Rift Valley Region) for the financial years 2018/2019, 2019/2020, 2020/2021, 2021/2022, 2022/2023 and 2023/2024, laid on the Table of the House on Thursday, 26th February 2026.
Hon. Members, Order No. 17 is accordingly deferred to the next time it is on the Order Paper because the Chairperson is not in the House to move it.
ADJOURNMENT
Hon. Members, there being no other business and the time now being 17 minutes past 6 O’clock, this House stands adjourned until Tuesday, 29th September 2026, at 2.30 p.m. I wish Members a restful recess. Thank you. (The House rose at 6.17 p.m.)