Thursday, 2nd July 2015

Hon. Speaker, I wish to present a public petition by Mr. R.O. Abednego Etyang’a on alleged intimidation and victimization through irregular transfer and posting by the Principal Secretary of Interior and Co-ordination of National Government, Ms. Monica K. Juma.

I, the undersigned, on behalf of Mr. Abednego Etyang’a, a citizen of Kenya, draw the attention of the House to the following:-

THAT, Mr. Abednego Etyang’a is a Senior Deputy Secretary in the Directorate of Immigration and Registrar of Persons, Ministry of Interior and Co-ordination of National Government.

THAT, Article 236 of the Constitution provides for protection of public officers from victimization, discrimination and removal from office or subjection to disciplinary action without due process of the law.

THAT, the Principal Secretary for Interior and Coordination of National Government victimized the petitioner by transferring him from the Ministry of Interior and Coordination of National Government to the Ministry of Agriculture, Livestock and Fisheries without following the due process.

THAT, the Public Service Commission delegates the human resource function to the Cabinet Secretaries of the respective Ministries in line with the Constitution and policy on decentralization of human resource management in the Civil Service.

THAT, the Public Service has in place a caveat to inter-ministerial transfers unless in situations where a vacant position has been advertised.

THAT, due process was not followed in the transfer of the petitioner and that the transfer was not recommended by the Central Human Resource Committee.

THAT, the transfer of the petitioner was a result of a proposal on virtual border management made by the officer to the Principal Secretary on how security can be improved along the porous Kenya/Somali border.

THAT, the posting and subsequent transfer by the Principal Secretary to proceed on compulsory leave pending re-deployment amounts to intimidation and harassment of a public officer and is in contravention of the Constitution, Labour laws and the public service regulations.

THAT, the petitioner has lodged several appeals with the Ministry officials regarding the matter but to no avail.

THAT, the matter presented in this petition is not pending before any tribunal or court of law.

Therefore, your humble petitioner prays that the National Assembly, through the Committee on Administration and National Security:-

I suppose the applauding is to suggest that very soon we will become the Industrial and Labour Relations Court, because this is where everybody seems to be running to.

It could be out of realization of the pivotal role that this House plays. I suppose it is either of those two.

Hon. Members, before we proceed allow me to recognize students from various institutions, seated in the galleries. In the Speaker’s Gallery, we have students from Nyambaria High School from Kitutu Masaba Constituency, Nyamira County, Maragi Secondary School in Kiharu Constituency, Murang’a County and Kalungu Secondary School in Kibwezi West Constituency, Makueni County. In the Public Gallery, we have students from St. Anne’s Kisoko Girls Secondary School, Nambale Constituency, Busia County, Kiranda Girls Primary School, Nyatike Constituency, Migori County and Holy Spirit Academy, Yatta Constituency, Machakos County.

You are all welcome to the National Assembly. Next Order!

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

The National Treasury Annual Public Debt Report for the year ended 30th June

Hon. Chepkong’a.

Thank you, Hon. Speaker. I totally agree with you that Hon. Mwaita’s petition may convert us into an Industrial Court. Possibly, I can advise him to go and see my classmate there. Or, maybe he is also pursuing Article 95 (b) of the Constitution, which states that the National Assembly shall deliberate and resolve issues concerning the people. I think this is one of the issues referred.

Hon. Speaker, I beg to lay the following Paper on the Table of the House:- The Report of the Departmental Committee on Justice and Legal Affairs on the Companies Bill, 2015

Thank you, Hon. Speaker.

Next Order!

Hon. Speaker, I beg to give notices of the following Motions:-

Hon. Members, it is only fair that you check for the copies of the sessional papers at the usual place. Those are just notices of motions for their adoption. When debate on them commences, you should be able to contribute from a point of knowledge and information, among other things. Also, because some of the sessional papers claim to be outlining certain policy direction, they may very well inform your desires in the making of your various legislative proposals. It is fair that each one of you gets copies of the sessional papers and familiarizes themselves with the same before debate commences.

Hon. Nicholas Gumbo.

Hon. Speaker, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Public Accounts Committee (PAC) on the hire of an aircraft for the Deputy President for a tour of four African nations in May, 2013 laid on the Table of the House on Wednesday 23rd April 2014.

This is a Report which is famously called “The Hustler’s Jet Report.”I wish to clarify that the notice of this Motion was given but the time has already elapsed, hence the need for me to re- introduce this Motion.

I thank you, Hon. Speaker.

Just for your information, remember that the words “hustler’s jet” were expunged. So, even when debate on it begins, any Member making any such references will be

in violation of the decision of the House to expunge those words. Having expunged them, you cannot then re-introduce them because you are giving notice of Motion.

There is nothing to be informed about. I have heard Hon. Gumbo say that it is famous. It may be famous outside there but I have the responsibility to administer the rules of the House here. It may be famous in a different place but that is not the title here.

Hon. John Mbadi and Hon. Opiyo Wandayi, there is nothing out of order. So, I rule you out of order on this. I am not going to clarify things which you know; just merely recast your mind to the days when this matter was brought here, so that you remember what the House resolved.

Let us proceed but certainly not on this matter. Get the Report. We have said in House Business Committee (HBC) that we want to get all these reports dealt with as soon as possible.

We will skip that temporarily. Can we proceed, Leader of the Majority Party?

Hon. Speaker, pursuant to Standing Order No. 44 (2) (a) , on behalf of the House Business Committee, I rise to give the following Statement regarding business that will appear before the House the week beginning Tuesday, 7 July 2015. The HBC met on Tuesday 28th June 2015 to prioritise the business of the House. Next week on Tuesday, the first item to be considered for Second Reading will be the Special Economic Zones Bill, 2015, should we not conclude it today. The House will also consider Motions of various sessional papers scheduled on today’s Order Paper.

In the same week, priority will be accorded to the Report of the Departmental Committee on Defence and Foreign Relations on Ratification of the East African Community Protocol on Co-operation in Defence Affairs, the Mutual Defence Pact between the Republics of Kenya, Uganda and Rwanda, and the agreement on the establishment of the East Africa Standby Force. Also scheduled for debate is the Motion on the removal of Cabinet Secretary for Education, Science and Technology by Hon. Geoffrey Odanga.

Regarding the Cabinet Secretaries appearing before the Committees on Tuesday, 7th July 2015, the schedule is as follows:-

The Cabinet Secretary for Interior and Coordination of National Government at 10.00

Yes, Hon. Nyamweya.

Thank you, Hon. Speaker. I had put in a question to be answered; unfortunately, I will not be in next week. Can I ask that this question be postponed, so that it can be answered when I am available?

Which Cabinet Secretary was responding to your question?

The Cabinet Secretary for Devolution and Planning.

Leader of the Majority Party, Hon. Nyamweya has written to me and I have already approved his request to be out of the country.

Thank you, Hon. Speaker. We will indulge Hon. Nyamweya and remove his question from the questions that will be presented to the Cabinet Secretary on Tuesday. However, he will have to join the queue next time when he will be back; when this Cabinet Secretary will have sufficient questions, then we will bring back his question. For Tuesday next week, we will agree with him and the moment he comes back then he will notify us and then we will bring back the question.

(Inaudible)

That is perfect. Hon. Nyamweya, I thought there was no debate on this. I thought that you made a good request.

My worry is the condition that I will have to join the queue and I have given a reason why I will not be in.

Hon. Nyamweya, it is just normal that once a question is taken out, it joins the queue. Where else would it go unless you want us to take it to the coolers? If we take it to the coolers, that will be worse. It will not be in the queue. It is good and if I got the Leader of the Majority Party correctly, it is like that particular Cabinet Secretary may not have enough questions, which means yours could still find its way to him quite early.

Thank you, Hon. Speaker. I just wanted to request, through the Leader of the Majority Party, that pursuant to the notice of Motion that I have just given---You realise that this matter was first brought to the House---

I cannot hear you. Raise your voice.

Hon. Speaker, pursuant to the notice of Motion that I have just given, you realise that this Paper was laid before the House more than a year ago. So, I would request that as the HBC convenes that they prioritise this Report, so that we debate it and get it out of the way. Thank you.

That will be considered by the HBC. We cannot discuss it here. Next Order.

That Member who is standing as if he is not in the Chamber, take a seat. Hon. Opiyo Wandayi and the short Member over there--- Is it Hon. Osele? Take your seats.

Hon. Members, debate on this Motion was completed yesterday. What remains is the putting of the Question.

on 1.7.2015 - Morning Sitting)

Again, Hon. Members, what remained was for the Question to be put. Debate on this Private Member’s Motion by Hon. Abdul Rahim Dawood was concluded. I proceed to put the Question.

Hon. Members, please, take your seats. Hon. David Eseli and Hon. Manson Nyamweya, who is travelling out of the country, your attention, please.

Yes.

Can I proceed to put the Question?

Yes.

That everybody will be serious and nobody will be in jest?

Yes.

Hon. Temporary Deputy Chairman, I beg to move that the Committee doth report to the House its consideration of the County Allocation of Revenue Bill (Senate Bill No.05 of 2015) and its approval thereof without amendment.

Hon. Temporary Deputy Speaker, I beg to report that a Committee of the whole House has considered the County Allocation of Revenue Bill (Senate Bill No.05 of 2015) and approved the same without amendment.

The Temporary Deputy Speaker (Hon. Cheboi) : Very well. Let us have the Mover of the Bill, who is Hon. Mutava Musyimi, the Chairperson of the Committee.

Hon. Temporary Deputy Speaker, I beg to move that the House doth agree with the Committee in the said Report.

I request Hon. David Were to second the Motion for agreement with the Report of the Committee of the whole House.

Hon. Temporary Deputy Speaker, I second.

The Temporary Deputy Speaker (Hon. Cheboi) : Can I put the Question? I see we have the numbers.

Can we have the Mover of the Bill move for the Third Reading?

Hon.Temporary Deputy Speaker, I beg to move that the County Allocation of Revenue Bill (Senate Bill No.05 of 2015) be now read the Third Time.

I also request Hon. David Were to second.

Hon. Temporary Deputy Speaker, I second.

The Temporary Deputy Speaker (Hon. Cheboi): Can I proceed to put the Question?

Yes. The Temporary Deputy Speaker (Hon. Cheboi) : I will put the Question having confirmed the numbers.

- THAT, Clause 26 be amended in sub-clause (1) —

Hon. Temporary Deputy Chairman, is the amendment to Clause 26

Hon. Temporary Deputy Chairman, I am comfortable. I drop my amendment.

The Temporary Deputy Chairman (Hon. Kajwang') : Are you sure you do?

Yes. The Temporary Deputy Chairman (Hon. Kajwang') : Can you pronounce yourself on the HANSARD?

Yes, that is what I am doing. I drop my amendment to Clause 26.

by Hon. A.B. Duale dropped) The Temporary Deputy Chairman

(Hon. Kajwang’)

: Member for Kitui Central, are you looking at paragraph

(a)

or

(b)

?

Hon. Temporary Deputy Chairman, I am looking at paragraph (b) . The Temporary Deputy Chairman (Hon. Kajwang’) : The substitution?

Hon. Temporary Deputy Chairman, since Hon. Duale has dropped his amendment, I will focus on the Departmental Committee’s Chairman. I would like to thank Hon. Duale for dropping his amendment, because looking at the two amendments, you realise that the difference is just a matter of semantics. The essence of this amendment is to make sure clients’ funds are properly taken care of. This is a very good move, which I want to support.

Clause 27

- THAT, Clause 27 be amended—

On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Kajwang’) : Just a minute before you raise the point of order.

Leader of the Majority Party, are you speaking to this one? But yours is unrelated to this one, is it not?

Yes, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Kajwang’) : All right. Let us discuss this one first before we move to the other one.

Hon. Mulu, what is your point of order?

Hon. Temporary Deputy Chairman, the Chairman of the Departmental Committee is being mean with information because when you look at (c) , you appreciate that those are substantial amendments. We need to get the import of these amendments.

Hon. Temporary Deputy Chairman, I have already said that Clause 27 deals with the disciplinary committee. Clause 27 (3) deals with the membership of the disciplinary committee. When we sat as a Committee, we decided to include one nominee by the Institute of Certified Public Secretaries of Kenya because they are experts in corporate governance. We also decided to include one nominee by the Capital Markets Authority (CMA) and one nominee by the Cabinet Secretary in charge of the National Treasury.

If my amendment passes, Hon. Duale should drop his amendment because I will have captured the import of his amendment.

The Temporary Deputy Chairman (Hon. Kajwang’) : Can you say that again?

Hon. Temporary Deputy Chairman, I am saying that if this amendment passes, the Leader of the Majority Party will have to drop his amendment because I will have taken care of his amendment.

The Temporary Deputy Chairman (Hon. Kajwang’) : No. We will come to his amendment and he will speak for himself.

Hon. Temporary Deputy Chairman, I am only helping you and the House. The Temporary Deputy Chairman (Hon. Kajwang’) : Please, do not help me. I can still help myself.

Member for Nambale, are you on intervention? Is something not correct?

Hon. Temporary Deputy Chairman, if you indulge me, I just want to acknowledge the presence of students from a school that is in my constituency; they are in the Speaker’s Gallery.

The Temporary Deputy Chairman (Hon. Kajwang’) : Hon. Bunyasi, we have developed a working manual on how to acknowledge the presence of school parties in the galleries. You may not know and, therefore, I do not blame you. If you could kindly liaise with the Serjeant-at-Arms, you will properly be informed.

Hon. Temporary Deputy Chairman, that has already been done by the Speaker. I just thought that I should formally welcome the students from Kisoko Girls’ Secondary School.

The Temporary Deputy Chairman (Hon. Kajwang’) : Hon. Bunyasi, this House is represented by the Speaker. Therefore, it is for him to welcome people visiting this House. You should know the Speaker’s rules. Anyway, you have just done it.

Hon. Temporary Deputy Chairman, you have absolute discretion, but I knew that you would indulge me in that instance.

Thank you. The Temporary Deputy Chairman (Hon. Kajwang’) : Very well. It has gone home.

Hon. Members, I will put the Question for the entire clause because I can see that the amendments that you are looking at are generic.

(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) The Temporary Deputy Chairman (Hon. Kajwang’): Leader of the Majority Party, what is it? You can now speak for yourself. You will find that the Departmental Committee Chair was really helping you.

Hon. Temporary Deputy Chairman, you were not here yesterday when I said that the Departmental Committee Chair is so good that he could be headed to a bigger office.

Hon. Temporary Deputy Chairman, if you allow me, I want to welcome students from Alliance High School, who are seated on the Speaker’s Gallery. My son is one of them. So, welcome Alliance High School.

The Temporary Deputy Chairman (Hon. Kajwang’) : Leader of the Majority Party, can you then pronounce yourself on the HANSARD on what you want to do with your amendment?

Hon. Temporary Deputy Speaker, I have dropped my amendment because the Departmental Committee Chair has taken care of its propositions.

Clause 29

- THAT, Clause 29 be amended—

No, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Kajwang’) : So, yours is a stand alone amendment?

Yes, it is a different amendment. The Temporary Deputy Chairman (Hon. Kajwang’) : Member for Emurua Dikirr, you are always first on my queue. What is it? Is he in the Chamber?

An hon. Member: He is not in. The Temporary Deputy Chairman (Hon. Kajwang’) : Okay. He is doing disappearing acts from the Chamber.

Member for Nakuru Town East. An hon. Member: He is not in! The Temporary Deputy Chairman (Hon. Kajwang’) : Member for Nyaribari Chache.

Hon. Temporary Deputy Chairman, I would like to get more information other than what the Departmental Committee Chair has said. The Order Paper that I have says that Clause 29 be amended in Subclause (1) paragraph (f) by deleting the words “one hundred thousand shillings” and substituting therefore the words “one million shillings.”

So, unless the amendment is different, the Departmental Committee Chair is being economical with information.

Hon. Temporary Deputy Chairman, Hon. Tong’i should be following what is happening in the House.

The Temporary Deputy Chairman (Hon. Kajwang’) : Departmental Committee Chair, the hon. Member has a point. The Leader of the Majority Party needs to check on this one. At the bottom of page 594 of the Order Paper, under (ii) , the Chairman is amending paragraph (f) and substituting the words “five hundred”.

If I consider yours, which is on page 598, I think you are bringing in one million shillings. So, is it possible that you harmonise this position, so that we can vote on it together? I think it is something you can trade with each other without going to the HANSARD. Okay, Hon. Leader of the Majority Party?

Hon. Temporary Deputy Chairman, what are we dealing with? We are dealing with investments, securities and money of the people of Kenya. If professional misconduct takes place, one million shillings is too little when the amount that will be involved will be in terms of billions. We want to tell the Chairman of the Departmental Committee on Finance, Planning and Trade that we maintain it at one million shillings. It is because we are

dealing with billions of shillings of Kenyans’ savings and investments. If we allow people who are custodians of these resources to be fined Kshs100,000 or Kshs500,000 for professional misconduct, then the offence will become the order of the day.

We have many banks and pyramid schemes which have collapsed. I want to tell the Chairman of the Departmental Committee on Finance, Planning and Trade that we leave it at one million shillings, so that we set the bar very high. I have ceded many grounds including the sea and the air. Please cede this one to me.

The Temporary Deputy Chairman (Hon. Kajwang’): All right. Hon. Chairman of the Departmental Committee on Finance, Planning and Trade, the Leader of the Majority is saying that he would wish to see a severe punishment that is deterrent enough. Are you persuaded?

Hon. Temporary Deputy Chairman, my good friend, Hon. Duale, has made a good case. I think we are actually talking about the same thing.

The Temporary Deputy Chairman (Hon. Kajwang’) : Okay. This is how we will go if you are persuaded---

Okay. The Temporary Deputy Chairman (Hon. Kajwang’) : Let me guide you on how we will go, so that we do it in a systematic manner. First of all, pronounce yourself on (ii) if you desire to withdraw, so that the Leader of the Majority Party will be prosecuting his differently.

Hon. Temporary Deputy Chairman, I have no problem. I can turn down my proposed amendment to subclause (1) (a) (ii) on the issue of penalty of Kshs500,000. I can stand it down although I wish the Leader of the Majority Party could move a further amendment to my amendment, so that we move very fast.

The Temporary Deputy Chairman (Hon. Kajwang’) : No. Did you hear me? I said that if you want to withdraw it---

Let me step down my amendment. The Temporary Deputy Chairman (Hon. Kajwang’) : Then I want to hear the word “withdraw” on the HANSARD.

Having listened to the Leader of the Majority Party, let me withdraw my amendment to sub-clause 1 relating to the fine of Kshs500,000.

The Temporary Deputy Chairman (Hon. Kajwang’) : That is paragraph (f) ?

Yes. The Temporary Deputy Chairman

(Hon. Kajwang’)

: All right. The amendment relating to paragraph

(f)

by the Chairman of the Departmental Committee on Finance, Planning and Trade is, hereby then, dropped.

(a)

(ii)

by hon. Langat dropped)

Hon. Member for Nyaribari Chache, are you satisfied?

Yes, Hon. Temporary Deputy Chairman, though I would have desired to have a bigger penalty in view of the fact that people deal with billions of shillings.

The Temporary Deputy Chairman (Hon. Kajwang’) : No. No. It is all right. The Leader of the Majority Party is bringing a stiffer one. If you prefer a much more stiffer one, just trade

with him, so that you will even agree to amend what he is amending when we come to you. So, just trade, so that we take a very short time on this, if you do not mind.

Thank you, Hon. Temporary Deputy Chairman. I am guided.

The Temporary Deputy Chairman

(Hon. Kajwang’)

: Hon. Leader of the Majority Party?

Thank you, Hon. Temporary Deputy Chairman. I beg to move:- THAT, clause 29 be amended in subclause

(1)

paragraph

(f)

by deleting the words “one hundred thousand” and substituting therefor the words “one million”.

The Temporary Deputy Chairman

(Hon. Kajwang’)

: All right; Hon. Member for Kathiani Constituency.

Hon. Temporary Deputy Chairman, I just want to say I support that. Since it is supposed to be punitive, the figure that had been given earlier was quite low. The figure of Kshs1,000,000 is adequate.

The Temporary Deputy Chairman (Hon. Kajwang’) : Hon. Member for Mbooni Constituency. You must be sharing in this idea because you are sitting side by side.

Yes, Hon. Temporary Deputy Chairman, I have the same idea. So I support the proposed amendment to increase the fine.

The Temporary Deputy Chairman (Hon. Kajwang’) : Hon. Member for Kitui Central Constituency, do you have a different opinion about this?

No.

Clause 30

- THAT, clause 30 be amended by deleting the word “Board” wherever it occurs and substituting therefor the word “Committee”.

Again, this is a very simple amendment. It is a consequential amendment so that we harmonise to “subcommittees” and not call them “boards.”

(Question of the amendment proposed) (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)

- THAT, Clause 31 be amended by deleting the words “securities and investment” and substituting therefor the words “investment and financial”. Again, this is just a consequential amendment.

Clause 32

The Temporary Deputy Chairman (Hon. Kajwang’) : Mover.

I do not have any amendments. It is the Leader of the Majority Party. The Temporary Deputy Chairman (Hon. Kajwang’) : Hon. Leader of the Majority Party.

- THAT, clause 32 be amended by deleting the words “Examinations Board” wherever they occur and substituting therefor the words “Registration Board”.

I support that amendment, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Kajwang’) : Okay, you support.

(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)

- THAT, clause 34 of the Bill be deleted. The reason we are deleting that section is because I will be introducing a New Clause 31A, which will be capturing the whole issue of financial provisions. That section was felt not to be substantial enough to cover the chapter on financial aspects of the Institute. We are proposing to delete this, so that the New Clause 31A will capture what was supposed to have been captured in this section.

The Temporary Deputy Chairman

(Hon. Kajwang’)

: Hon. Leader of the Majority Party, you see that there will be a natural consequence of that action. You will have to give way.

Hon. Temporary Deputy Chairman, the Chairman of the Departmental Committee on Finance, Planning and Trade wants to kill me before I am born. This is the guy who believes in abortion and I will not accept it.

The only way I will accept it is by consulting him, so that he considers my amendment in his new clause because mine is very simple. It says that Clause 34 be amended by deleting the words “Examinations Board” wherever they occur and substituting therefor the words “Registration Board”. If he can take care of my interests in the womb he wants to create, and if my baby will survive in his new amendment and clause, then I have no problem. But, if he wants to kill my baby before it is born, then Hon. Temporary Deputy Chairman and the House have to save me.

The Temporary Deputy Chairman (Hon. Kajwang’) : Well, the House will have to save you because it is already proposed. We will have to deal with it one way or the other. The Departmental Committee on Finance, Planning and Trade is proposing to do away with Clause 34 as I understand it. You need to tell Members whether you can delete it or not.

Can I hear Members first before I come to you, Chairperson? The Member for Nakuru Town East.

Thank you, Hon. Temporary Deputy Chairman, for giving me this opportunity. First of all, I want to draw your attention to Clause 33. The copy of the Bill that I

have, unless I am holding the wrong Bill, has no Clause 33. I can only see Clause 32 and then Clause 34.

The Temporary Deputy Chairman (Hon. Kajwang’): Well, that is editorial. We will do something in drafting we call corrigenda at some point to renumber all those clauses, but I see your point. These things sometimes escape us however keen we are.

I am still learning some new words. Now I have learnt that one. The Temporary Deputy Chairman (Hon. Kajwang’) : No, do not keep it in your head because it only belongs to the Latinos.

Proceed.

Secondly, I do not support the deletion of Clause 34. The Chairperson is saying that he is going to introduce a new Clause 31C but, without anticipating debate, the new Clause 31C does not have the same provisions as Clause 34.

The Temporary Deputy Chairman (Hon. Kajwang’) : We are on Clause 34.

Yes, we are on Clause 34, which he is proposing to delete. I want it to be retained, but he is saying he is bringing a new Clause 31C that will talk about the same thing. I do not want to anticipate debate, but it is not going to address all the issues that are covered in Clause 34.

The Temporary Deputy Chairman (Hon. Kajwang’) : Have you seen the new clause that he intends to bring?

Yes, I have it with me. It does not talk about the audited accounts being sent to the Cabinet Secretary (CS) four months after the financial year ends. There is a fundamental provision that will be left out.

The Temporary Deputy Chairman (Hon. Kajwang’) : All right. Member for Kitui Central.

Thank you, Hon. Temporary Deputy Chairman. Without anticipating debate, even the proposed new clause does not have the words which Hon. Duale is mentioning. The Chairperson of the Departmental Committee on Finance, Planning and Trade needs to convince this House that after deleting Clause 34, the same provisions will be taken care of by the new clause. I do not think that is coming out clearly. So, he needs to convince us before we delete the clause, otherwise we will delete and lose the whole thing.

The Temporary Deputy Chairman (Hon. Kajwang’) : The Member for Narok West.

Thank you, Hon. Temporary Deputy Chairman. I propose that we give the Chairperson an opportunity to tell us what is in the new Clause 31C before we go to Clause

Hon. Temporary Deputy Chairman, Clause 34 does not include the sources of income of the Institute, which we are proposing to have in the new Clause 31A.

Number two, the way the clause is drafted, the Institute looks like a Government body. However, this is a private members’ Institute. The new Clause 31C says that:

“ (1) At least three months before the commencement of each financial year, the Institute shall cause to be prepared estimates of revenue and expenditure for that year.

Yes, because the new Clause 31C is even more comprehensive than Clause 34.

The Temporary Deputy Chairman (Hon. Kajwang’) : Member for Busia, is it on the same subject?

No. The Temporary Deputy Chairman (Hon. Kajwang’) : Okay. Shall I put it to vote?

Yes. The Temporary Deputy Chairman (Hon. Kajwang’) : Do Members feel sufficiently informed so that I can put it to vote?

Yes.

The Temporary Deputy Chairman

(Hon. Kajwang’)

: The Leader of the Majority Party, you fall by the side. It is a consequence of the axe.

Next Clause! Clause 35

The Temporary Deputy Chairman (Hon. Kajwang’): Mover.

- THAT, Clause 35 be amended—

Hon. Temporary Deputy Chairman, I wanted to contribute to the earlier clause.

The Temporary Deputy Chairman (Hon. Kajwang’) : All right, you will get another chance.

Member for Nyaribari Chache.

Hon. Temporary Deputy Chairman, this will discourage the new people who are going to come on board and mess up with the stock market, because that becomes the gist of any economy in the world. It is a measure of how the economy is doing. Therefore, we should only allow people who understand and who are disciplined enough to do the right thing in the stock market.

Hon. Temporary Deputy Chairman, I want to oppose this amendment. As we said earlier, these are agents handling money on behalf of the Kenyan public. We have had experience in this country where people have lost a lot of money because of people not taking these matters seriously.

The Temporary Deputy Chairman (Hon. Kajwang') : Which one are you referring to?

The (b) where we are reducing the penalty from Kshs500,000 to Kshs100,000. We are making it easier for somebody to mess around with investment funds. I oppose this.

The Temporary Deputy Chairman (Hon. Kajwang') : Chair, your last word on this.

Hon. Temporary Deputy Chairman, I had wanted to convince Members that if you look at that clause it has two fines. In the first instance we thought we should impose a smaller penalty but if you repeat the offence, it becomes Kshs1,000,000. There are two sets of fines there. It is not one.

Hon. Temporary Deputy Chairman, what I was saying is this---

The Temporary Deputy Chairman (Hon. Kajwang'): Who has given you the microphone? The Chairman is still thinking. Just give him a minute. Well, the clause is that on the first conviction, Kshs500,000 will be paid, and on a continuing offense Kshs,1000,000 will be paid. So, the amendment is reducing from Kshs500,000 to Kshs100,000. It will be that upon the first conviction--- Is that not so? Give the Chair one last chance on this. We want to vote.

Hon. Temporary Deputy Chairman, because I have listened to Members and I think they are making very good points, I wish to drop the amendment relating to the fine. That is Clause 35 be amended in sub-clause---

The Temporary Deputy Chairman (Hon. Kajwang') : This is how we will do it. Let us vote on part (a) first of all.

The Temporary Deputy Chairman

(Hon. Kajwang')

: Now express yourself on part

(b)

.

Hon. Temporary Deputy Chairman, I wish to withdraw my amendment relating to sub-clause

(4)

.

by hon. Langat withdrawn)

Clauses 36, 37and 38 agreed to) Clause 39

- THAT, Clause 39 be amended by deleting the words “Securities and Investment” and substituting therefor the words “Investment and Financial”. This is a consequential amendment.

The Temporary Deputy Chairman

(Hon. Kajwang')

: Member for Nakuru Town East. I am learning you Members. Many of you always keep your buttons switched on.

Member for Mbooni.

Hon. Temporary Deputy Chairman, I have no objection to that amendment. The Temporary Deputy Chairman (Hon. Kajwang') : Member for Kathiani. Why are your request buttons switched on?

Member for Nyaribari Chache.

Thank you, Hon. Temporary Chairman. Once again, in the interests of the opportunity, the clause we are amending, in my opinion, should not be amended. These are the reasons why I think so. Securities and investment---

The Temporary Deputy Chairman (Hon. Kajwang') : Which clause are you considering?

Clause 39. The Chairman is proposing that the Clause be amended by deleting the “words securities and investment” and substituting therefor the words “investment and financial”. My understanding of “securities and investment” is that they cover a wide area. The scope of securities and investments is much wider than when we limit ourselves to investment and financial, because securities include even future investments that we are talking about and future market. The commodity market, as well, is addressed under securities and investment; but when we talk of investment and financial, we limit ourselves to the financial market and financial institutions, which in many ways limits what the financial market is able to do. I would persuade the Chairman to retain the words “securities and investment” because that way, we will be able to address a bigger scope than when we talk of “investment and financial”.

The Temporary Deputy Chairman (Hon. Kajwang') : Member, you could be right, but if you were paying attention, and I am sure you were, we have been cleaning up the Bill from almost Clause 1, by changing definitions in the manner that he is proposing. Therefore, you should have started a long time ago, and then we would have been very consistent. That is for information.

Member for Westlands, is this the point at which you want to make a contribution?

Yes, Hon. Temporary Deputy Chairman. For consistency purposes, the amendment should just stand the way the Chair has proposed it.

New Part Clause 31A

- THAT, the Bill be amended by introducing a new PART IVA- FINANCIAL PROVISIONS immediately after Part IV.

I am sorry, Hon. Temporary deputy Chairman. In New Clause 31A, we are proposing the sources of funds for the Institute.

The Temporary Deputy Chairman

(Hon. Kajwang’)

: Next clause. Go to 31B now, Chair. New Part New Clause 31B

- THAT, the Bill be amended by introducing a new Part IVA - FINANCIAL PROVISIONS immediately after Part IV.

shall be the period for twelve months ending on the thirty-first day of December in each year. The New Clause 31B simply provides for the financial year of the institute to be 31st December each year.

Hon. Temporary Deputy Chairman, I want to persuade the Chairman to kindly substitute “December” with “end of June”. This is because that conforms with the financial year for most institution. Most of the traders in the market that we are talking about close their books any time between May and June. That will give us some consistence.

While at it, I want to persuade the Chairman, through the Chair, to also address the issue of taxation. As it is, we are chasing away investors from our country because of the taxation mode that we have come up with. We are taxing money in the stock market. I need to engage the Chairman a little bit on this, so that we can get some concurrence on how best this can be addressed.

Hon. Temporary Deputy Chairman, first of all, this was a proposal from the stakeholders and this is not a Government body. It is a professional body and they have their own financial year. Two, the Hon. Member has raised the issue of taxation. I want to tell him that he should be ready because the Finance Bill is almost being read for the Second Time and that is when we will discuss about taxation and the capital gains, which I think he has raised. I encourage him to read the Finance Bill and prepare, so that he can raise those issues when the Bill goes for the Second Reading stage.

New Part New Clause 31C

- THAT, the Bill be amended by introducing a new Part IVA - FINANCIAL PROVISIONS immediately after Part IV.

Yes, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Kajwang’) : All right, let me propose the Question.

(Question, that the new clause be read a Second Time, proposed

Hon. Temporary Deputy Chairman, I want to support the New Clause 31 (C) . It is very good for corporate governance and it is also in line with the best international practices. It is a good clause and it is going to help the Institute to be accountable through the Council.

- THAT, the First Schedule be amended in paragraph 1 by deleting subparagraph (3) and substituting therefor the following new subparagraph— “ (3) A person who holds the office of chairperson is not eligible for re- election until after the expiry of a period of at least two years since he or she vacated the office.” If you look at subparagraph 3, you will find that it provides that if you have ever held a position as a Chair, then you are no longer allowed to vie again. We felt that, that was too punitive for chairs. We wish to provide that if you have been elected and you have gone on a break, then you are given two years and can seek re-election. This is just an election process. It is like telling Members of Parliament that once you have served and you have gone out, you will no longer be allowed to seek re-election.

The Temporary Deputy Chairman

(Hon. Kajwang’)

: I am sure that Members of the National Assembly would not want to leave the National Assembly.

Hon. Temporary Deputy Chairman, I want to oppose that amendment. We must promote a culture where Kenyans accept to retire once they have given service. Just as we have term limits for presidents, we should also have term limits for chairpersons. In the case of Members of Parliament, they have no term limits. This is the only job that you can keep seeking until you feel like retiring. On a very serious note, Kenyans have problems retiring from senior positions. We need to put limits to that.

The Temporary Deputy Chairman (Hon. Kajwang’) : Yes, the Member for Kaloleni.

Hon. Temporary Deputy Chairman, I wish to oppose this amendment. You will realise that if this amendment is carried, there will be no consistence. I do not see why one should serve for two years, probably get a rest and come back. If we had a vision to implement, how is it possible? I would probably have admired a situation where one is even eligible for re- election after the first and thereafter, he is not eligible to contest. As the amendment is, I oppose.

The Temporary Deputy Chairman (Hon. Kajwang’) : Yes, the Member for Nakuru Town East.

Hon. Temporary Deputy Chairman, I also rise to oppose the amendment for the reasons that have been given by Hon. Amina Abdalla. We need to have a culture where people are encouraged to pave way for new thinking. If we allow people to come back then

impunity will be all over the place. Sometimes other people might have even brought down these institutions.

I oppose the amendment. The Temporary Deputy Chairman (Hon. Kajwang’): So many people have put in their requests. You want to throw your hearts on this? Member for Nyeri County, but do it in a way that helps us move forward.

Hon. Temporary Deputy Chairman, I also follow Amina Abdalla’s line that people have to retire from office. That should be a new culture in this country.

The Temporary Deputy Chairman (Hon. Kajwang’) : Member for Rangwe.

Hon. Temporary Deputy Chairman, this amendment would make somebody who is manipulative to personalise this institution. If you are replaced with a junior person, then you can come back after two years and continue being chairman. This amendment should be dropped.

I oppose. The Temporary Deputy Chairman (Hon. Kajwang’) : Now I understand. It took me time to process it through because the sentence was phrased on the negative. In the original text, it means once a chairperson has served once, he or she cannot be re-elected ever. But in this amendment, a chairperson can go out there for two years, cool yourself down for two years and then you can be re-elected. That is what they mean. Chair, is that what you mean?

Hon. Temporary Deputy Chairman, that is what I mean. The chairperson is elected. If people want to elect you to serve them as a chair, and you have given them a two years break, it is fair that we allow anybody to seek re-election later on, unless we also pass in this House that the term for Members of Parliament should be fixed to two terms.

The Temporary Deputy Chairman (Hon. Kajwang’) : Whatever it means, I can now feel that the Members have information enough to vote on it.

Third Schedule

- THAT, the Third Schedule of the Bill be amended-

Hon. Temporary Deputy Chairman, I support the amendment. I wanted to contribute to the earlier amendment, but I support this one.

The Temporary Deputy Chairman (Hon. Kajwang’) : Member for Baringo South.

Hon. Temporary Deputy Chairman, I support the proposal.

Fourth Schedule

- THAT, the Fourth Schedule of the Bill be amended-

- THAT, the Fifth Schedule of the Bill be amended by deleting he words “securities and investment” and substituting therefor the words “Investment and Financial” in paragraph 1.

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)

- THAT, Clause 2 be amended-

- THAT, Clause 1 be amended by deleting the words “Securities and Investment” and substituting therefor the words “Investment and Financial”. Again, this is to tie up Clause 1 to the amendments that we have been passing in order to harmonise the Bill.

(Question, that the words to be left out be

left out, put and agreed to)

Long Title

- THAT, the long title of the Bill be amended by deleting the words “Securities and Investment” wherever they occur and substituting therefor the words “Investment and Financial”. Again, this is to tie up the title with the amendments that we have already passed in the main Bill.

(Question, that the words to be left out be left out,

put and agreed to)

Short Title

- THAT, the title of the Bill be amended by deleting the words “SECURITIES AND INVESTMENTS’’ and substituting therefor the words

Hon. Temporary Deputy Chairman, I beg to move that the Committee doth report to the House its consideration of the Securities and Investment Analysts Bill (National Assembly Bill No. 21 of 2014) and its approval thereof with amendments.

- THAT, Clause 4 be amended by deleting the words “Regulatory Authority” and substituting therefor the words “Regulatory Board”.

Hon. Temporary Deputy Chairman, the essence of that is that we are amending the title of the current Water Resources Regulatory Authority to “Water Resources Regulatory Board.”

(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)

- THAT, Clause 8 be amended─

- THAT, Clause 9 be amended by deleting the word “Regulatory” appearing in sub clause

(1)

. This is a consequential amendment. We want the Water Resource Regulatory Authority to have the name “Water Resource Authority”. There will be many more consequential amendments relating to this.

(Question, that the word to be left out be left out,

put and agreed to)

Clause 10

- THAT, Clause 10 be amended by─

Clause 12

- THAT, Clause 12 be amended─

Thank you, hon. Temporary Deputy Chairman

Clause 13

- THAT, Clause 13 be amended by─

- THAT, Clause 14 be amended─

- THAT, Clause 15 be amended─

- THAT, Clause 16 be amended by deleting the word “Management” appearing before the word “Board”;

Clause 24

Thank you, Hon. Temporary Deputy Chairman. I beg to move:-

THAT Clause 24 be amended

Thank you, Hon. Temporary Deputy Chairman. I beg to move:- THAT, the Bill be amended by deleting Clause 25 and inserting the following New Clause 25─ Functions of the basin water resources committees.

Thank you, Hon. Temporary Deputy Chairman. This is a very important amendment by the Committee. If you look at the Bill as it was before, you will find that the Basin Resources Committee was going to be given powers that they have no capacity to exercise. In the amendment, the Committee has decided to give them an advisory role. This is the only role they can effectively carry out. This will also be devoid of activism.

There are instances where we have committees of this nature becoming unnecessary impediments to water provision and services development in an area. Their role and functions will be merely to advise the authorities who are then supposed to execute those issues.

Thank you.

Clause 29

Thank you, Hon. Temporary Deputy Chairman. I beg to move:- THAT, Clause 29 be amended in sub clause (1) by deleting the word “four” appearing in paragraph (e) and substituting therefor the word “five”.

The essence of this amendment is that, currently the Bill speaks to the Board of National Water and Pipeline Corporation that has been changed to National Water Harvesting and Storage Authority. It had nine members, but the ninth member is ex-officio, meaning the Chief Executive Officer. We have amended it so that the membership is odd, which has become nine by increasing to five the members who are appointed by the Cabinet Secretary.

(Question of the amendment proposed) The Temporary Deputy Chairman (Hon. Kajwang’): Yes, the Member for Tharaka Nithi.

I support the amendment, Hon. Temporary Deputy Chairman.

Clause 30

Thank you, Hon. Temporary Deputy Chairman. I beg to move:- THAT, Clause 30 be amended in sub clause (1) by—

Yes, I am in support.

(Question, that the words to be inserted be inserted, put and agreed to)

Thank you, Hon. Temporary Deputy Chairman. I beg to move:- THAT, Clause 40 be amended by inserting the following new sub clause immediately after clause

(2)

— “

(3)

Where there is an agreement between the Authority and a water resources users’ association, the Authority may make available a portion of the water use charges to be used for financing such regulatory activities as the water resources users association has agreed to undertake on behalf of the Authority.” The Water Resource Authority works with water resource users association. So we needed to give them the power to spend a portion of the water user charges for helping the users association to do conservation works.

Hon. Temporary Deputy Chairman, I want to support the amendment. Funding the water users association is very critical.

Clause 62

- THAT, Clause 62 be amended by-

Yes, the Member for Rangwe.

Thank you, Hon. Temporary Deputy Chairlady. You know, there are very many instances we give Cabinet Secretaries authority to formulate regulations or other functions within Acts and they take forever to do that. The language in this amendment would have given the Cabinet Secretary his or her own timeline to formulate this strategy. In this amendment we have a timeline.

There is also the issue that in every three years there will be a revised strategy. That has now been indicated in this Bill.

Okay. Yes, Hon. Neto.

Thank you, Hon. Temporary Deputy Chairlady. I would like to request the Chairperson of the Committee to relook at this amendment for two reasons. The first thing is that they are proposing to have public participation before the review. In my understanding, first, if you look at the words they were substituting earlier on they were “public consultation.” So, they have not attempted to define what public participation is.

Secondly the words “public participation” are fairly very contentious. We do not know what public participation means because there is no single law that has defined what public participation is. Therefore, to just leave the words “public participation” without defining this in this Bill and couching it this way might give us more problems. We have just had a similar problem with public participation with regard to the Education Act where various stakeholders wanted to be consulted. We do not know how definite that public participation could go. I do not know whether she could think through it.

Thank you.

Yes, Hon. Joyce.

Thank you, Hon. Temporary Deputy Chairlady. I want to support the amendment. I find it enhancing efficiency and also measuring performance targets. The

Constitution has a broad definition of public participation although it differs in different sectors and institutions. To me, I do not think public participation needs more than a year.

Hon. Chair, do you want to respond?

Hon. Temporary Deputy Chairlady, I guess Hon. Neto is informed by his experience but our experience in the water and environment sector is that they speak to the public and they consult among themselves. So, we are looking for a mechanism that would push them to go beyond consulting themselves. If you look at our budget in the environment sector, you will find that we have put a huge budget on consultation. When we go and review what exactly happens, it is just workshops. So, I was looking for something that is beyond workshops. That is why we used these words. It is not used without us having thought through it.

Clause 63

- THAT, Clause 63 be amended—

Thank you, Hon. Temporary Deputy Chairlady. I support this amendment. This will make sure that there is a difference between national and county government functions. Under the Fourth Schedule, water is basically devolved. These amendments will make sure that the Water Works Board will only do functions of the national Government and not functions of county governments. They will handle inter-counties functions only and not functions within counties.

Thank you.

Clause 64

- THAT, Clause 64 be amended—

Yes, Hon. Ronald Tonui. Is he not in?

Thank you, Hon. Temporary Deputy Chairlady. I am on this other side. I support this amendment. I believe it is only being put in line with the previous clause.

Clause 65

- THAT, Clause 65 be amended—

- THAT, the Bill be amended by deleting Clause 66 and inserting the following new clause 66— Powers and functions of the water works development agency.

Thank you, Hon. Temporary Deputy Chairlady. I also support the amendment. The powers of the agency should be clear to avoid conflict.

Thank you, Hon. Temporary Deputy Chairlady. The functions as defined earlier before these amendments would have caused a lot conflict. It would have, actually, bordered on unconstitutionality. So, these amendments are to ensure that this agency is only carrying out functions that have remained with the national Government.

Thank you.

Clause 67

- THAT, the Bill be amended by deleting Clause 67 and inserting the following New Clause 67— Handover of completed works.

- THAT, Clause 68 be amended by−

Hon. Abdinoor.

I support the amendment. This is just changing from “Authority” to “Board”. Thank you.

Hon. Ronald Tonui.

I support. I wanted to contribute to Clause 67 but it is over.

Okay.

Clause 69

- THAT, Clause 69 be amended in sub clause

(1)

by deleting the words “Regulatory Authority” and substituting therefor with the words “Regulatory Board”.

Hon. Fatuma.

Hon. Temporary Deputy Chairlady, I am a bit disturbed because they are making the House a bit tired. This issue of changing “Board” to “Authority” and “Authority” to “Board” are not helping. I do not know the secret of using “Board” instead of “Authority.”

Hon. Chairperson.

Hon. Temporary Deputy Chairlady, water services is a devolved function in the water sector. The only role of the national Government is to establish whether Nairobi Water and Sewerage Company is giving you clean water or not. This is the issue of regulation. We thought it was wise that the body that is going to regulate water tariffs and protect consumers, since it is a devolved function and our role is only regulatory, becomes a Board while the Water Resources Authority remains an Authority because it is undertaking a function that is purely a national Government function. So, that was the differentiation that in this role, we form a Board that then regulates the tariffs that the companies are charging the consumer and the quality of water that the consumer is receiving. So, that is why we are changing one to be a Board and the other one to be an Authority.

Okay.

(Question, that the words to be inserted in place thereof be inserted, put and agreed to)

- THAT, Clause 70 be amended by−

- THAT, Clause 71 be amended by−

- THAT, the Bill be amended by deleting Clause 72 and inserting the following New Clause 72: Accreditation. 72. (1) A person shall not be licensed as a water service provider unless such person makes an application under this section to the Regulatory Board and submits a copy of the application to the county government, within whose area of jurisdiction it intends to provide water services.

Thank you, Hon. Temporary Deputy Chairlady. I sincerely support this amendment because in a way, this accreditation system does away with certain cowboy people that we have out there. It will help the system a long way.

Thank you very much. I support.

Hon. Waititu.

Thank you, Hon. Temporary Deputy Chairlady. I also support and cite a case in Juja Constituency where there is water that belongs to the Constituencies Development Fund (CDF) .

Yesterday, the residents had a meeting with the county government. It is trying to take over a well-managed water resource by residents of Murera Ward. So, I support what the Chair is doing because the conflict is too big between the county government and the national Government over water that belongs to the CDF.

I support. (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)

- THAT, Clause 73 be amended by−

Mheshimiwa Winnie.

Thank you, Hon. Temporary Deputy Chairlady. I rise to support the amendment because it is always very important to have a proper board dealing with the regulation of water.

I support.

Hon. Members, indulge me if you are opposing what the Chairperson has said. Put your card on intervention. Otherwise, if we are all supporting, for the sake of time, we can hold back our remarks unless we are opposing. Clause 74

- THAT, Clause 74 be amended−

- THAT, Clause 75 be amended by−

Hon. Fatuma.

Most Members who are here belong to the Departmental Committee on Environment and Natural Resources but I am not a member. I am wondering why the county government has the mandate and the function to provide water to the public. I do not know why they are being removed and yet this provision is directly at the county level. I wanted to understand that because some of the amendments might prevent the county governments from adhering to the strict provision of quality water.

Let us have Hon. Robert Mbui.

Hon. Temporary Deputy Chairlady, I also support this amendment. I was just curious because I notice that Clauses 4 and 5 talk about a service provider submitting a memorandum of association. The fifth one talks about water service providers being licensed under this section. There is something I am wondering where it disappeared to, which was earlier in Clause 72 which we changed. This is the gazettement of the regulations providing for accreditation. Did we lose it somewhere or is it still there?

Let me begin with Hon. Fatuma’s concern. As a House, we have to be clear on what we are trying to do. The national Government’s responsibility is to ensure that consumers are provided with the right quality of water and they are given the regulatory function. For example, the County Government of Nairobi is currently doing public consultations on increasing the price of water in the County of Nairobi. For them, it is going to generate revenue. You cannot be the trader and yet you are the one who is regulating yourself.

That is why we are removing the county government. They have to be regulated by somebody else who has the responsibility of consumer protection. The national Government is responsible for ensuring that the Nairobi Water Company gives you the best quality water. If you leave that to the County of Nairobi, when it is near elections, I would reduce the price of water, so that you can re-elect me. When I am re-elected, I can increase the price, so that I can have more resources to develop the county. That is what we are trying to cure.

On the issue of accreditation that was mentioned by the Member, accreditation is different from licensing. So, we have put in place mechanisms to ensure that they have to produce a regulation to cover both licensing and accreditation. So, the regulator will design that

regulation and as it is usual for all regulations, the Minister will bring it to the House and it will be reviewed by the Committee on Delegated Legislation in this House.

Let us have Hon. ole Kenta.

Hon. Temporary Deputy Chairlady, I am a Member of the Committee and I would like to support my Chair. If you have different standards for different counties, definitely, you are going to compromise on the standards and the safety of the water that the Kenyan people will drink. So, it is important that it is standardised and there is an upper authority that ensures that this is adhered to.

Clause 77

Let us have Hon. Kang’ata. We have two amendments here. One is from the Chair and the other one is from Hon. Kang’ata.

If Hon. Kang’ata is not here, we will drop his amendment.

Hon. Temporary Deputy Chairlady, it had already fallen in the morning. He was not here even in the morning.

Okay. Go ahead Chair.

- THAT, Clause 77 be amended in sub clause

(2)

by deleting the words “Regulatory Authority” and substituting therefor the words “Regulatory Board”. This is a consequential amendment to the name of the Water Services Regulatory Board.

Clause 78

- THAT, Clause 78 be amended by deleting paragraph

(b)

and renumbering the existing paragraphs. This is confusing. We are saying that an employee of the national Government or the county government can serve in these Water Boards. At first, we had received some input that we should not do that, but then we thought about it further. What if the County of Nairobi wishes their equivalent of their Attorney-General to serve in that Board to make sure that they do not get into unnecessary litigation? So, we reinstated that they can be allowed to serve in that Board.

Hon. Temporary Deputy Chairlady, I wanted to clarify something over what the Chairlady of our Committee has said. By dint of the Fourth Schedule, the county government is the one to provide water services. These other water service providers are going to fill the gap that the county governments cannot meet immediately. By that dint, under this Bill, the county governments are expected to create a water service provider company; a public company owned by the county government.

In that case, you cannot have a clause stopping members of that county government from being directors of that water service company. That is what I wanted to clarify.

Hon. Temporary Deputy Chairlady, I support. Water is life. For example, Juja Constituency does not have any water Board. We depend on Ruiru and Thika districts. You can imagine institutions like the Jomo Kenyatta University of Agriculture and Technology (JKUAT) , Kenyatta University (KU) and the Nairobi Institute of Business Studies which are in my constituency, and yet I do not sit anywhere to talk about the problems that are facing my constituency.

I support this amendment. County governments are now telling us, as Members of Parliament, that they have taken over the provision of water. They do not involve us in what they are doing and our people are suffering. That is why I support the amendment. As the national Government, we need to be on the Board.

Your point is made.

On a point of order, Hon. Temporary Deputy Chairlady.

Yes Hon. Fatuma. What is out of order?

Hon. Temporary Deputy Chairlady, the Committee is creating the impression that they want to take away all the functions of the county governments and give them to the national Government. This could be to frustrate county governments and prevent them from having a substantive support in this work.

Hon. Amina, do you want to reply to that before I put the Question?

Hon. Temporary Deputy Chairlady, on a light note, my friend, Hon. Fatuma and I are fasting and I have a feeling that her sugar level must be very low.

- THAT, Clause 80 be amended by−

-

THAT, Clause 83 be amended by−

Hon. Neto, are you on a point of order or you want to contribute? Do you want to oppose?

Thank you, Hon. Temporary Deputy Chairlady. I thought you said that if we have a contrary opinion to what the Chairperson is saying then we should press the intervention button. I was just trying to be a good student.

I would like to request the Chairlady to consider the amendment she is proposing in Clause 83 (a) . The amendment says many things. The Committee is proposing that you can only have a licence issued by the Regulatory Board upon submission of an application and such supporting documents to the Board. However, Clause 84 stipulates how that particular licence is granted so that it definitely takes away the conditions. If you want to subject the giving of a licence to conditions that are not stipulated, it will be subject to abuse. You need to stipulate the conditions for which you can get a licence. It is very well done under Clause 84 such that you stopped at saying “the Board” as opposed to saying “upon submission of an application and such supporting documents.”

Clause 88 also states the conditions of obtaining the licence. To give a discretionary role to the Board without necessary stipulating what those conditions are would make the Board act in ultra vires manner.

Hon. Temporary Deputy Chairlady, I want to tell my colleague, Hon. Neto that I have no excuse for his sugar levels but I want him to look closely at what we are trying to do in Clause 83.

In Clause 83, there are two persons who were given powers to allow anyone to provide water namely, the county government executive for water service providers and the Regulatory Authority in the case of cross-county water service providers. The first one is not allowed in Section 186 (3) of the Constitution. Once you remove that first one then Clause 83 (1) says it is just the Regulatory Authority.

Clause 84 lists the different requirements that you need to have to meet the licensing requirement. Since a county government water executive does not have that authority under the Constitution, let us not give them that authority under this law. That is what we are trying to do.

In Clause 84, all the consequential amendments that we are doing are that the conditions remain but we are just removing the county executive and whoever was involved in giving out the license.

Remember this is not debating time.

I do not want to debate. Thank you very much, Hon. Temporary Deputy Chairlady.

I agree with you in terms of all those things you have said. I would like you to listen to the import of what I am saying. I am not looking at any powers or conditions. What you are trying to do in Clause 83 (1) , if you look at it properly, is that you are giving the Regulatory Board the authority, on its own volition, to decide what documents are required. Therefore, you are giving it discretionary power. What you have said is true.

Clause 84 of this Bill enumerates the conditions for giving out a license, which is proper and good. The only thing I request you to do is to remove the second line which reads “an application and such supporting documents as the Board may require.” This is because the phrase “the documents the board may require” is already under Clause 84. I do not know if I am making sense. It has nothing to do with who has what power. The documents that are required are shown in Clause 84 so that no one can make up an extra document, whatever it may be, because that is already enumerated. I will only look at the law under Clause 84, which says that I need to have certain documents, which I have already submitted. I do not know if I am making sense.

Hon. (Ms.) Abdalla, do I give you an opportunity to reply or I just put the Question?

Maybe it is my sugar levels that are at fault in this case but I do not see what the Hon. Member is trying to say. If he is saying that he thinks the phrase “such supporting documents as the Board may require” is superfluous and so we should delete it, then I would hear that. However, I am not hearing what you are saying.

Okay then I will put the Question.

Hon. Temporary Deputy Chairlady, I suggest you put the Question.

Clause 84

- THAT, Clause 84 be amended−

- THAT, the Bill be amended by deleting Clause 85 and inserting the following new Clause 85—

Application for a licence subject to public consultation.

- THAT, Clause 86 be amended−

- THAT, Clause 87 be amended by−

- THAT, Clause 88 be amended in sub-clause (1) by−

Member for Rangwe, are you opposing?

No, Hon. Temporary Deputy Chairlady.

Clause 90

- THAT, Clause 90 of the Bill be amended by deleting the words “Regulatory Authority” and substituting therefor the words “Regulatory Board”.

Question, that the words to be left out be left out, put and agreed to)

Clause 91

- THAT, Clause 91 of the Bill be amended-

- THAT, Clause 92 of the Bill be amended by-

- THAT, Clause 93 of the Bill be amended in Subclause

(1)

by deleting the words “A county government executive or the Regulatory Authority” and substituting therefor the words “The Regulatory Board”. Hon. Temporary Deputy Chairlady, this is another consequential amendment.

(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)

- THAT, the Bill be amended by deleting Clause 95 and inserting the following new Clause 95-

Clustering of areas of water service provision

- THAT, Clause 96 be amended by-

- THAT, Clause 97 be amended by-

Hon. Robert Mbui.

Hon. Temporary Deputy Chairlady, I want to confirm something from the Hon. Chairlady. She has mentioned many times that we are getting rid of the county government from the regulation function. I am wondering. Is it really possible? If a county government makes a law within their county assembly to regulate water services within their county, will that law still apply in that particular county or will the county government have superseded it? I am just curious.

Hon. Temporary Deputy Chairlady, let me explain what we are trying to do.

Water that flows out of your taps is a role of the county governments because it is a devolved function. However, you cannot wake up one morning and go to Machakos County - which is where you come from, I believe - and ask them to give you a licence to be a water provider to your neighbours. The licensing function has not been devolved. It remains a national Government function. Therefore, a county government cannot make a law on how to issue licences to water service providers because the Constitution does not allow them. That is why we are cleaning up the Bill.

Hon. Temporary Deputy Chairman, there are some things which are nice to do and other things that are constitutional. It has been viewed that if you say anything that removes powers from the county governments, then you are anti-devolution. If we give a county government the power to license water service providers, what happens if somebody from an area that does not support a particular county government leader applies for a licence to expand his licence area? If you are a minority, the county assembly can rule that such an area should not be serviced. Therefore, the regulatory function must remain with somebody above the county level so that he or she can maintain the standards.

Member for Rangwe!

Thank you, Hon. Temporary Deputy Chairlady. The hon. Member has raised an important point that requires a response. What happens if the county assembly decides to legislate on water resources in their counties?

Article 186 (3) of the Constitution is very clear that a function or power not assigned by the Constitution or national legislation to a county is a function or power of the national Government. Article 186 (4) of the Constitution states that, for greater certainty, Parliament may legislate for the Republic on any matter. Therefore, with that constitutional provision in place, any other legislation going contrary to the one by Parliament will be null and void.

(Question, that the words to be inserted in place

thereof be inserted, put and agreed to)

- THAT, the Bill be amended by deleting clause 98 and inserting the following new clause 98— Supply of bulk water.

Clause 99

- THAT, Clause 99 be amended by—

- THAT, Clause 100 (1) of the Bill be amended by─

- THAT, Clause 103 of the Bill be amended by─

- THAT, Clause 104 of the Bill be amended by─

- THAT, Clause 105 be amended in Subclause

(2)

by deleting the words “Regulatory Authority” and substituting thereof the words “Regulatory Board”. It is a consequential amendment.

- THAT, Clause 106 of the Bill be amended ─

- THAT, Clause 107 of the Bill be amended by ─

Clause 109

- THAT, Clause 109 of the Bill be amended by ─

- THAT, Clause 110 of the Bill be amended by ─

- THAT, Clause 111 be amended in Subclause

(1)

by deleting the word “mechanism” and substituting thereof the word “institution”. It is changing the Water Trust Fund from a mechanism to a financial institution.

Clause 112

- THAT, Clause 112 of the Bill be amended by inserting the following new paragraph immediately after paragraph

(c)

─ “

(d)

research activities in the area of water resources management and water services, sewerage and sanitation.” It is giving the Water Trust Fund the function to fund research.

Yes, Hon. Gikaria.

Thank you, Hon. Temporary Deputy Chairlady. I want to support that. I come from an urban area where research has never been funded. I appreciate the inclusion of this and, more so, about the sewerage and sanitation which has basically been forgotten all the other time. I support that it is a very good inclusion that is going to address the forgotten areas of water and that is sewerage and sanitation, and I support the Hon. Chairlady of the Departmental Committee on Environment and Natural Resources.

Clause 114

- THAT, Clause 114 of the Bill be amended ─

Hon. Joyce. Remember we said that you do intervention if you are opposing.

Hon. Temporary Deputy Chairlady, I am opposing on the grounds that they are talking of mobilizing additional resources for the Fund and they have not defined what that “Fund” is in terms of how far it can go in helping the communities which are in need. We know

that some regions like Kisii which were initially endowed with water are running dry. If you look at the historical information, Kisii is one place that should have all the water that we need. But because of the change of climate and environment all over the world, there is water scarcity in places such as Kisii, which has had plenty of water historically.

I would be comfortable if the Chairlady of the Departmental Committee on Environment and Natural Resources would include places such as that. That is so that we can also become beneficiaries because this law is being made for posterity and not for just now. It is something to serve Kenyans going forward.

(Question, that the words to be inserted be inserted, put and agreed to)

- THAT, Clause 115 of the Bill be amended by—

-

THAT, Clause 119 of the Bill be amended by deleting the words “Regulatory Authority” wherever they appear in Subclause (1) and substituting therefor the words “Regulatory Board”. This is a consequential amendment. (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)

- THAT, Clause 123 be amended by deleting the words “Regulatory Authority” and substituting therefor the words “Regulatory Board”.

Clause 124

- THAT, Clause 124 be amended by—

- THAT, Clause 128 of the Bill be amended by deleting the words “the Regulatory Authority” and substituting therefor the words “the Regulatory Board”. This is a consequential amendment.

Clause 129

- THAT, Clause 129 of the Bill be amended by deleting the words “Regulatory Authority” appearing in Subclause

(1)

and substituting therefor the words “Regulatory Board”. This is a consequential amendment.

(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)

- THAT, Clause 132 of the Bill be amended by deleting the words “Regulatory Authority” and substituting therefor the words “Regulatory Board”. This is a consequential amendment.

Clause 133

- THAT, Clause 133 of the Bill be amended by—

- THAT, Clause 134 of the Bill be amended by—

- THAT, Clause 135 of the Bill be amended by—

Clause 139

- THAT, Clause 139 of the Bill be amended by deleting the words “Regulatory Authority” and substituting therefor the words “Regulatory Board”. This is a consequential amendment.

Clause 140

- THAT, Clause 140 be amended in Subclause (2) by─

- THAT, Clause 142 of the Bill be amended by─

- THAT, Clause 143 of the Bill be amended by ─

- THAT, Clause 144 of the Bill be amended by deleting the words “Regulatory Authority” and substituting therefor the words “Regulatory Board”.

It is a consequential amendment. (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)

- THAT, Clause 146 of the Bill be amended by ─

- THAT, Clause 148 of the Bill be amended by─

- THAT, Clause 150 of the Bill be amended by─

- THAT, Clause 154 of the Bill be amended by inserting the following new subclause immediately after Subclause (4) ─ “ (5) The provisions of the Environmental Management and Coordination Act, 1999 relating to water resources conservation and protection and water pollution control shall be exercised subject to the relevant provision of this Act and only in the event that the Board has failed or neglected to take appropriate action to exercise its powers and functions under this Act.” This is to eliminate contradiction and clashes between National Environment Management Authority (NEMA) and Water Resource Management Authority (WARMA) with regard to water pollution.

Question of the amendment proposed)

New Clauses 8A and 8B

- THAT, the Bill be amended by inserting the following new clauses immediately after Clause 8 ─ Administration of National Water Resources. 8A. Every person has the right to access water resources, whose administration is the function of the national government as stipulated in the Fourth Schedule to the Constitution. National Water Resource Strategy. 8B. (1) The Cabinet Secretary shall, within one year of the commencement of this Act and every five years thereafter, following public participation, formulate a national water resource strategy.

And 8B.

In the case of 8B, we are giving the Cabinet Secretary a timeline of one year to do a strategy on water resources, how to report back and what should exist in that Bill. What we are trying to do is already in Clause 63 for water services. This is for water resources which is a national Government function. We want the Cabinet Secretary to have a blue-print on which to manage the water resource sector.

Hon. Neto.

Thank you, Hon. Temporary Deputy Chairlady. I would like to request the Chair of the Committee to help me understand the difference between the new Clause 8B and Clause 62 that we have already passed. In my understanding, it is almost “cut and paste” phraseology from the Clause 62 that we have passed.

Thank you.

Hon. Temporary Deputy Chairlady, I am really convinced that Hon. Neto is fasting! I have just said right now that there are two separate functions and that is the basis of the Water Act 2002 - the reforms to separate water service provision and the management of water resources. In the new Constitution, water services is devolved whilst water resources is a national Government function. So, when they are doing their strategies, there should be two different strategies. There is one that has the implementation bit that involves counties and the rest and one that is merely a national Government function. The reason we have a different one is that water resources are being neglected. There is no strategy on how to conserve the natural springs and wetlands that the gentleman from Kisii was talking about. The strategy of managing and conserving wetlands and other water resources will be here. The strategy on Clause 63 is on water services. However, I will understand if you are fasting.

Let us start with Hon. Irungu Kang’ata, if he is here. We have an amendment from him. If he is not here, we will drop it. The amendment is dropped.

by Hon. Kang’ata dropped)New Clause 156

Hon. Abdalla, you can move the Second Reading for New Clause 156.

- THAT, the Bill be amended by inserting the following new clauses immediately after Clause 155─ Responsibility of a county government.

Hon. Samuel Gichigi.

Hon. Temporary Deputy Chairlady, I would just like to seek a clarification from the able Chair. When they propose that the county governments take into consideration the tariffs gazetted by the Regulatory Board while imposing tariffs, I do not seem to get it. Is it that some money is going to be taken to the Regulatory Board? Can she clarify?

Hon. Amina, take one more so that you clarify both together. I can see the Member for Rangwe.

Thank you, hon. Temporary Deputy Chairlady. Under the Fourth Schedule of the Constitution, consumer protection is a national Government function. If we allow county governments to set tariffs whimsically, then the element of costing water way above the reach of ordinary citizens might occur. So, for the national Government to retain the function of consumer protection, the tariffs must be set by a national body, which is the Regulatory Board. That is why this clause is here. We are simply aligning the County Government Act to that function of the national Government to do consumer protection.

Thank you.

Hon. Neto, it seems like you are on the same page with hon. Ogalo.

Hon. Temporary Deputy Chairlady, first, I want to assure Hon. Benjamin Langat, the Chair of the Departmental Committee on Finance, Planning and Trade, that my sugar levels are really on top.

Thank you. I was convinced that hon. Oner had done a good job because he even used a word that I had not used before. The word is “whimsically”.

- Consequential amendments.

Hon. Savula, do you want to speak on this new clause?

Hon. Temporary Deputy Chairlady, standards are set nationally. I have never seen anywhere in the country or internationally where standards are set by counties or regions. Standards are set either nationally or internally. They are not set by Kiambu County.

Thank you.

Hon. Robert Mbui.

I support this. I just wonder how the implementation will be. This is because we have so many water projects all over. The Constituencies Development Fund (CDF) has constructed boreholes all over. I support it but I do not know whether the implementation will be possible.

Hon. Gikaria.

Thank you, hon. Temporary Deputy Chairlady. Maybe, the Chair of the Departmental Committee on Environment and Natural Resources can clarify. If I heard her right, she said there will be a standard tariff throughout the country. In some areas like Nakuru, we might be getting water from boreholes and we pay electricity. Other places get water by gravity. If you subject the tariffs to be the same, Nakuru would be disadvantaged unlike those other areas. I just need a clarification.

On the issue of tariffs, what excites counties is that they just call for a public hearing and say that they have consulted the public and they can increase or reduce tariffs. If you leave that to the hands of a politician, it can be very subjective. We are, therefore, saying that the ability to change tariffs without justification – “that I am using borehole water or I need to keep in mind the cost of fuel and that” - you have to go to another body which consults with you and agrees that, that tariff is fairly increased. We do not want to have what was given in the County Governments Act, that Nakuru County could sit down, talk to a few people in a public baraza and agree to change tariffs for that county. That is what we are trying to do, but the standard is throughout the country. The Government can decide: “We should have this level of chlorine”, and whatever other kind of consideration.

(Question, that the new clause be read

a Second time, put and agreed to)

- THAT, the First Schedule be amended -

- THAT, the Second Schedule be amended by-

- THAT, the Third Schedule be amended by-

Member for Kiharu?

Absent.

That amendment is dropped.

Clause 2

- THAT, Clause 2 of the Bill be amended by –

Hon. Temporary Deputy Chairlady, I beg to move that the Committee doth report to the House its consideration of the Water Bill (National Assembly Bill No. 8 of 2014) and its approval thereof with amendments.

The Temporary Deputy Speaker

(Hon. (Ms.) Mbalu)

: Order, hon. Members! As you are aware, we were doing the Committee of the Whole House. We are going to start with the Securities and Investment Analysts Bill

(National Assembly Bill, No.21 of 2014)

I call upon the Chairperson to Report to the House.

Hon. Temporary Deputy Speaker, I beg to report that a Committee of the whole House has considered the Securities and Investment Analysts Bill, National Assembly Bill No.21 of 2014, and approved the same with amendments.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : The Mover to move the agreement with the Report.

Hon. Temporary Deputy Speaker, I beg to move that the House doth agree with the Committee in the said Report. I request Hon. Naomi Shaban, to second.

I second.

Hon. Temporary Deputy Speaker, I beg to move that the Securities and Investment Analysts Bill, National Assembly Bill, No.21 of 2014, be now read the Third Time. I will request Hon. Naomi Shaban to second me.

I second

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : A comment or two. Hon. Member for Rangwe.

Hon. Temporary Deputy Speaker, I want to congratulate the Chairperson of the Committee on Finance, Planning and Trade. In rushing to get the amendments done, we made irrelevant amendments to Section 16 and 17 of this Bill. I think the Chairman should consider, at the earliest opportunity, to clean up so that we do not expose those who will be practising as investment and financial analysts to constitutional conditions that they cannot meet.

Thank you, Hon. Temporary Deputy Speaker. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you. Let me hear Hon. Naomi Shaban, Member for Taveta Constituency.

Hon. Temporary Deputy Speaker, I also want to add my voice to the good job that the Chair of the Committee on Finance, Planning and Trade has done. Even from the number of the amendments that were there, it is because of the good work that the whole Committee did.

I beg to support.

Hon. Temporary Deputy Speaker, I want to speak on the water issue. This one is very complex.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you. You have spoken. Order, hon. Members! I confirm that we do not have quorum for purposes of making a decision on this. So, I direct that the Question be put in the next appropriate time.

Hon. Members, we now go to the second one, that is, the Water Bill (National Assembly Bill No. 8 of 2014) . I, therefore, call upon the Chairperson to report to the House.

Hon. Temporary Deputy Speaker, I beg to report that the Committee of the whole House has considered the Water Bill, National Assembly Bill No. 8 of 2014), and has approved the same with amendments.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : The Mover to move the agreement with the report.

Hon. Temporary Deputy Speaker, I beg to move that the House doth agree with the Committee in the said Report. I also request Hon. Mathenge, Member for Gilgil, to second.

I second

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : I call upon the Mover to move the Third Reading.

I beg to move that the Water Bill , National Assembly Bill No. 8 of 2014), be now read the Third Time. I request Hon. Ronald Tonui to second.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Hon. Tonui, Member for Bomet Central.

I second.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : I can see some good requests and interest that we have in water. Let me start with Hon. Francis Waititu, Member for Juja. Just make a comment.

Thank you, Hon. Temporary Deputy Speaker. I really commend the Committee for doing a very good job. Water is life. I thank the Committee for sitting down and looking at various issues, especially in Juja Constituency. Between Ruiru and Thika, we have been having problems. When I look at it, you have covered everything. Madam Chairperson, I thank you. God bless you.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu): You thank me. Thank you too. Hon. Member for Kipipiri, Samuel Gichigi.

Thank you, Hon. Temporary Deputy Speaker. Unfortunately, today, I arrived late for this Bill. However, the confidence I have in the Chair of this Committee made me think that everything is right. The challenge is going to be in implementation. When we have these shared functions, the tendency is for each level of Government to try and pull to its side. I am hoping that since this is a very critical service to the citizenry of Kenya, there is going to be sobriety as the Senate considers this law as well as when we go to implementation. I hope we will not have a situation where both levels of Government are treading on each other’s toes all the time. I hope we have given the country a good law. Thank you.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you

We must also thank the Chair who has done very well. She has sat for a long time even as she walks out of the Chamber. She has done an exemplary job. Thank you.

Thank you very much, Hon. Temporary Deputy Speaker. I want to thank the Committee on Environment and Natural resources through the Chairperson who is seated next to me for a job well done to process the Bill in a record two-and-a-half hours. I thought this Bill would go for three days. I want to congratulate her because she has really done it efficiently.

Secondly, I want you to encourage the minority side to take the work of this house seriously. We do not want members who transact bills in funerals and fundraisings. You will hear some of them saying: “we were not in the house! We were not told!” yet, we have the opportunity. I want to congratulate the member for Rangwe for being both the minority leader, member for Rangwe and representing everybody else from that side.

Hon. Temporary Deputy Speaker, I just want to take this opportunity to thank my Members for what they have achieved. You can see they are here in big numbers. As this Bill goes to the Senate, we want to plead with the Senate that it is not always good to just focus on doing what is popular; we need to do what is constitutional and what is

right. What is right is that water services are devolved, but the fact is that regulation must remain with the national Government. I want to plead with you to allow my most active Member, Hon. Dukicha, Member for Galole, to say something.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu): I will allow him, but after the procedure. Let me go first with the leadership. Let me give Hon. Naomi Shaban, Member for Taita Taveta, a chance.

Ahsante sana Mhe. Naibu Spika wa Muda. Nataka pia kuongeza sauti yangu kwa kumpongeza Mwenyekiti aliyesimamia suala hili la maji na mazingira kwa kufanya kazi nzuri, pamoja na Kamati yake. Wamekuwa na uwezo wa kutufanya kazi hii yote. Ningependa kumkumbusha Mhe. Langat kuwa kuna Wabunge wengine kama Mhe. Mbui ambaye amekaa tangu mwanzo mpaka sasa hivi. Vile vile Mwenyekiti, Madam Spika, leo amekuwa hapo akifanya kazi hii ambayo ni muhimu.

Ahsante Mhe. Naibu Spika wa Muda, kwa kunipa nafasi hii. Yangu ni kupongeza Kamati ya Mazingira na Mali ya Asili na hasa zaidi Mwenyekiti wake.

Swala la maji ni muhimu sana.Kulikuwa na mvutano mwingi sana kati ya serikali za kaunti na Serikali ya Kitaifa kuhusu ni nani atabaki na mambo ya maji. Kama ingekuwa ni kaunti inasimamia kila kitu, watu wengi wetu wangepata shida sana kwa sababu ya kuongezewa ada. Pengine unaambiwa: “Mara hii utapewa pesa hii.” Na kesho unarudishwa.

Lazima kuwe na bodi ya kusimamia masuala ya maji. Sio rahisi kufikia hapa. Ni kwa sababu ya bidii ya Kamati ya Mazingira na Mali Asili ambayo inaongozwa na Mheshimiwa Amina---

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : We are just giving a comment.

Tunawapongeza. Waendelee na kazi nzuri. Hata mimi nimefunga saumu na nimekaa mpaka dakika hii kwa sababu hii ni kazi nzuri. Tunahimiza Kamati zingine pia katika hili Bunge ziwe na bidii kama Kamati ya Mazingira na Mali Asili. Ahsante sana.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Ahsante sana. The one who was not seen by the Chairman of the Departmental Committee on Finance, Planning and Trade, Member for Kathiani, Hon. Robert Mbui, announce your presence. Just make a comment.

Thank you, Hon. Temporary Deputy Speaker. I was thinking that I am also invisible there, but I thank God I am not. I am happy to get this opportunity coming from the water starved area of Ukambani. I am also surprised that my friends are not here. We would have been here all of us because this is a Bill that is going to change our region. I am happy with the

Committee for coming up with this kind of Bill where we are going to have standards from now to improve water management in this country. The cost of water will also be regulated. So, I am very thankful. The sky is the limit for us in getting water in our region now. Thank you.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu): I also come from Ukambani and so, you are not alone. I know ladies and water--- Member for Embu County, Hon. Rose Mitaru, give a comment.

Thank you very much, Hon. Temporary Deputy Speaker for giving me this chance to contribute. I come from the county where we have the source of water - which is Mt. Kenya. We get all the water that supplies electricity in this place. But it is so dry that we need a lot of water. Our people cannot go hungry. I want to thank God for the Committee that has discussed about water for our people. I hope that they will continue working hard so that other committees can emulate them. When we get enough water for domestic use and agriculture, it will improve the economy of every household. It will be through this Committee and we should thank all of them.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you. Member for Narok North.

Thank you, Hon. Temporary Deputy Speaker. I would like to also congratulate the Committee for their good work. I will plead - like the Chair has done – with the “mutilators” on the other side not to interfere with this Bill. I believe we have done a good job. At the end of the day, Kenyans belong to the national Government. So, it is not necessary for anybody else to always think that the national Government has no role in the lives of our people and, especially, with regard to standards and tariffs that must stand. Our people must be protected. Thank you, Hon. Temporary Deputy Speaker.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : The other side is represented very well. Member for Rangwe, give a comment.

Thank you, Hon. Temporary Deputy Speaker. Everybody has said very good things about the Committee. This is the third major Bill we are transacting in this House as a Committee. I am very happy with our Committee. However, I want to appeal to the Members of this House. We have legislated on the water services strategy today. Those things are going to require money. We would like this House to appropriate money to provide water as has been legislated today. Thank you.

The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Thank you. Before we close, let me give the opportunity to Hon. Sunjeev Birdi, who is a nominated Member.

Thank you very much, Hon. Temporary Deputy Speaker. I will make it very simple. Congratulations and hats off to our very able Chair, Hon. Amina Abdalla. Today, we are in a country where water is scarce even though it is in abundance. We have situations where we have rogue borehole drillers who drill boreholes hither and thither and end up spoiling the environment. This Bill brings an opportunity where we are able to streamline the process and bring water to everybody in a good way.

Thank you, Hon. Temporary Deputy Speaker. I support. The Temporary Deputy Speaker (Hon. (Ms.) Mbalu) : Hon. Members, I must appreciate and thank all of you for your patience and time taken. I am sure that Kenyans know what Members of Parliament do in this House. I thank the two Chairpersons, Hon. Amina and

the Chairperson for the Departmental Committee on Finance, Planning and Trade. I also thank the Chairperson who has taken us through, Hon. Shebesh.

Hon. Members, we were discussing the Water Bill and I have confirmed that the quorum is not enough for me to put the Question for making a decision in this House. I order that the putting of the Question be deferred to the next Sitting.