Hansard Summary

The sitting focused on procedural business, including the adoption of reports on land gazettement in Mochongoi and the de‑gazettement of Turbo Forest Reserve, and a motion to hold an additional short sitting to pass the Supplementary Appropriation Bill before recess. Hon. Karithi raised concerns about the free‑market treatment of macadamia farmers and the detention of Chinese investors, urging legal reforms. Members also discussed scheduling, quorum, and the need for timely release of funds for government functions. The afternoon sitting was dominated by a series of points of order, with Hon. Chepkong’a defending his conduct against accusations of being casual while other members, including Hon. Midiwo and Hon. Ichung’wah, engaged in heated exchanges over procedural matters and project criticisms. The Temporary Deputy Chairman repeatedly ruled members out of order, and the debate touched on an amendment, alleged conflicts of interest, and remarks about the SGR project. The overall tone was confrontational and marked by personal jibes rather than substantive policy discussion. The afternoon sitting opened with a quorum call and the Speaker briefed members on the IEBC’s final draft election regulations and a Treasury nomination for the NG‑CDF CEO. Members then presented petitions raising concerns over alleged unfair labour practices at the Hotel Inter‑Continental Nairobi and inadequate compensation for land acquired for the Thwake Dam, urging the relevant parliamentary committees to act.

Sentimental Analysis

Mixed

THE PARLIAMENT OF KENYA

NATIONAL ASSEMBLY

THE HANSARD

Thursday, 2nd March, 2017

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

There is no quorum. Can you ring the Quorum Bell?

We have quorum now. We can commence.

COMMUNICATION FROM THE CHAIR

SUBMISSION OF ELECTION-RELATED REGULATIONS BY IEBC

Hon. Speaker

Hon. Members, as you may have just heard, the Independent Electoral and Boundaries Commission (IEBC) has submitted the final drafts of five sets of election-related Regulations. I am aware that the Committee on Delegated Legislation has had several formal engagements with the IEBC between 13th February and 22nd February 2017 to consider earlier drafts of the Regulations. The IEBC has, therefore, done its part by providing the Final Draft Regulations for tabling and ultimate consideration by the House, through the Committee on Delegated Legislation, and within the timelines that are specified in Section 109 (3) of the Elections Act.

Hon. Members, I urge the Committee to expeditiously consider the Regulations, so as to allow the IEBC to publish the final Regulations within stipulated timelines of the Act. The Committee is also reminded that pursuant to Sections 18 of the Statutory Instruments Act, a desire to annul a statutory instrument requires the approval of the House, and would need to be fast-tracked to ensure adherence to the statutory deadlines. Once the Committee has considered the Regulations, it is expected that a comprehensive brief will be given to the House on the content of the final Regulations, given the importance of this matter.

I thank you.

Hon. Speaker

Is the Member for Homa Bay in the National Assembly or in Homa Bay

Hon. Speaker

Town?

MESSAGE NOMINATION OF MR. WILFRED BUYEMA FOR APPOINTMENT AS CEO OF NG-CDF

Hon. Speaker

Hon. Members, this is a Message from the National Treasury on the nomination of Mr. Wilfred Buyema for appointment as a Chief Executive Officer (CEO) of the National Government Constituencies Development Fund (NG-CDF) .

Hon. Members, pursuant to the Provisions of Section 20 (1) of the NG-CDF Act, 2015; Regulation 4 of the National Government Constituencies Development Fund Regulations, 2016; and Section 5 (1) of the Public Appointments (Parliamentary Approval) Act, 2011, I wish to convey to the House that I have received a request from the Cabinet Secretary for Devolution and Planning, asking the House to approve the appointment of Mr. Wilfred Buyema as the CEO of NG-CDF.

(Loud consultations)
Hon. Speaker

Hon. Members, it is out of order for you to shout points of order when you are seated.

Before we proceed to the next Order, allow me to recognize the presence of students and pupils from the following institutions who are in the Speaker’s Gallery.

DISCRIMINATION AGAINST LOCAL STAFF AT HOTEL INTER-CONTINENTAL NAIROBI

Thank you, Hon. Speaker, for giving me this opportunity to present a Petition on behalf of a concerned Kenyan regarding the employment practices at the Hotel Inter- Continental Nairobi.

I, the undersigned, on behalf of a concerned citizen, draw the attention of the House to the following—

THAT, Article 41 of the Constitution states that every person has the right to fair labour practices;

THAT, fair treatment of workers is a key component of social justice and guided by the principles of non-discrimination as stipulated in Article 27 of our Constitution;

THAT, these statutory requirements appear to have been flouted at the Hotel Inter- Continental in Nairobi with regard to preferential treatment that appears to be exhibited towards foreign workers at the expense of local workers in the organization;

THAT, in this regard, there have been efforts to replace one, Mr. Fred Ogutu, who is the Director of Food and Beverages, with an expatriate for no discernible reason, contrary to principles of fair administrative action;

THAT, further, there has been endemic discrimination and harassment of local staff by the management, which has left the staff with little recourse for action; and,

THAT, the issues in respect of which this Petition is made are not pending before any court of law, constitutional or legal body.

THEREFORE, your humble Petitioner prays that the National Assembly, through the Departmental Committee on Labour and Social Welfare:

Hon. Speaker

There is no debate. I know you have not been coming to the House of late and so, you may have forgotten the provisions of the Standing Orders.

Please, let us have the Member for Kitui Rural.

COMPENSATION FOR LAND ACQUIRED TO CONSTRUCT THWAKE DAM

Hon. C.M. Nyamai

Thank you, Hon. Speaker. Allow me to present this Petition on behalf of the residents of Kanyangi Ward, Lower Yatta District, Kitui Rural Constituency on compensation by the Government for land acquired for the construction of Thwake Dam.

I, the undersigned, on behalf of concerned residents of Kanyangi Location in Kanyangi Ward, Lower Yatta District in Kitui Rural Constituency, draw the attention of the House to the following---

THAT, land is an important factor of production that sustains livelihoods of many households in Kenya, and access to it is a key facilitator of economic empowerment for rural communities in the country;

THAT, in 2013, the national Government, through the Ministry of Lands, sought to acquire some land from residents of Kanyangi location, Kanyangi Ward, Lower Yatta District in Kitui Rural Constituency for the construction of Thwake Dam;

THAT, the Government partially undertook to compensate residents for voluntarily surrendering their parcels of land for the construction of the said dam for public utility;

THAT, whereas Article 40 (3) (b) (1) of the Constitution provides that whenever private land is acquired for public use requires prompt payment in full or just compensation to the persons, 11 plot owners who surrendered their land to the Government are yet to be compensated;

THAT, those who were compensated raised various complaints of under-compensation, specifically the manner in which the acreage measurement was taken as they were characterized by a lot of errors ranging from omission of various items of development and cultural aspects;

THAT, the possible delay in the implementation of the project due to the initial under- valuation of the said land by about Kshs1.5 billion may result to under-compensation;

THAT, efforts to resolve the matter with the relevant Government ministries or agencies have been futile; and,

THAT, the matter in respect of which this Petition is made is not pending before any court of law or constitutional body.

THEREFORE, your humble Petitioners pray that the National Assembly, through the Departmental Committee on Lands, liaises with the relevant Government ministries and agencies to establish whether:

Hon. Speaker

Hon. Members, there are quite a number of Petitions and, therefore, if there will be time for comments, it will be determined on the basis of whether we shall meet the threshold provided for in Article 121 of the Constitution for any Questions to be put.

The next Petition is by the Member for Mwingi West, Hon. Bernard Kitungi.

FAILURE TO PAY TERMINAL DUES TO MAJ. (RTD) MUSYONA

Thank you, Hon. Speaker, for giving me this chance to present this Petition to this House on behalf of Major (Rtd) Manzi Musyona.

I, the undersigned, on behalf of Major (Rtd) Manzi Musyona, a resident of Mwingi West Constituency, draw the attention of the House to the following:

THAT, in 1977, Major (Rtd) Manzi Musyona of Service No.17679 was employed by the Government as a Cadet Officer in the Armed Forces.

THAT, on 19th March, 1995, he was appointed Staff Officer II Trainee and transferred from the Department of Defence Headquarters Nairobi to the Western Command.

THAT, on 14th March 2001, his service was terminated without any benefits and the reasons for termination were not given; THAT, Major (Rtd) Musyona’s case was subjected to a court martial process and the court martial directed that the case be transferred to the Employment and Labour Relations Court. FURTHER, that Maj. Musyona filed in Nairobi High Court a Miscellaneous Petition Case No. 586 of 2006 which was later transferred to the Employment and Labour Relations Court Petition Case No. 51 of 2012. THAT, on 4th April, 2016, the Employment and Labour Relations Court in Milimani, Nairobi, ruled in his favour and granted the Petitioner to be paid his terminal benefits and compensation. THAT, the Department of Defence has failed to honour the Court Orders and, as a result, the Petitioner is languishing in misery; THAT, multiple follow-ups by the officer have not received any redress to date; and, 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 Departmental Committee on Defence and Foreign Relations:

Hon. Speaker

The Department of Defence has refused, neglected and/or failed to honour the court judgement. If that is so, the Principal Secretary responsible could be in contempt of court orders. Is that not so? I thought there is an easier way of enforcing contempt through courts of law than coming to debating it here. But anyway, you have chosen that way of doing it. Maybe, the Departmental Committee may be one to enforce the court order. That is the assumption, Hon. Kitungi. That is a matter that has gone through the court and it has ruled in

Hon. Speaker

favour of the Petitioner. There is a Principal Secretary responsible. That is the person to be taken to court to answer why they are not honouring the judgement of the court. That is the person responsible as the Accounting Officer. But, any way, you will argue the case before the Committee. The Departmental Committee on Defence and Foreign Relations is requested to deal with the matter as they find appropriate. Member for Kathiani.

PAYMENT OF UNAUTHORIZED SCHOOL LEVIES IN PRIMARY SCHOOLS IN KATHIANI CONSTITUENCY

Thank you, Hon. Speaker, for giving me this opportunity to present this public Petition by primary school parents regarding the funding of co-curriculum activities in

Hon. Speaker

Yes, the Member for Maragwa.

FRAUDULENT CHANGE OF OWNERSHIP OF LAND

Thank you, Hon. Speaker for giving me this chance to present this Petition by Methi and Swani Farmers Co-operative Society on fraudulent change of ownership of their land.

I, the undersigned, on behalf of Methi and Swani Farmers Co-operative Society in Maragwa Constituency draw the attention of the House to the following:

THAT, Article 40 (1) of the Constitution entitles every person the right, either individually or in association with others, to acquire and own property.

THAT, in the early 1970s, a total of 3,147 farmers consolidated their resources and formed the Methi and Swani Farmers Co-operative society and registered it under the then Ministry of Co-operatives.

THAT, through the Society, members acquired various coffee farms with the aim of growing coffee so as to reap dividends from the sale of coffee and later settle its members.

THAT, in 1988, the land was subdivided into 3,147 plots, each measuring half acre and issued to each of the society’s members.

THAT, in 2011 two parcels of land belonging to the Society, LR No.Mitumbiri/Wempa Block 2/2575 measuring 13.98 hectares and LR. No. Mitumbiri/Wempa Block 2/2576 measuring

Hon. Speaker

All the five Petitions are committed to respective committees to which they are addressed. For the convenience of the House, I will not allow any further comments and/or information seeking because we have some urgent business that requires to be transacted.

Next Order!

PAPERS LAID

Hon. Speaker, I beg to lay the following Papers on the Table of the House today, 2nd March 2017:

Election-related Regulations plus their Explanatory Memoranda and Regulatory Impact Assessment from the IEBC as follows: Draft Elections

(Technology)

Regulations, 2017; Draft Elections

(Voter Registration)

(Amendment)

Regulations, 2017; Draft Elections

(General Regulations)

(Amendment)

Regulations, 2017; Draft Elections

(Voter Education)

Regulations, 2017 and Draft Elections

Regulations, 2017.

The Reports of the Auditor-General on the Financial Statements in respect of the Kenya African Democratic Union (KADU-ASILI) for the years ended 30th June, 2012 and 2013 respectively and the certificates therein.

The Report of the Auditor-General on the Financial Statements in respect of Westlands Constituency Development Fund for the year ended 30th June, 2015 and the certificate therein;

The reports of the Auditor-General on the Financial Statements in respect of the following institutions for the year ended 30th June, 2016 and the certificates therein:

Hon. Speaker

Let us now have the Chairperson, Committee on Environment and Natural Resources, Hon. Amina Abdalla.

Hon. Speaker, I beg to lay the following Papers on the Table of the House today, 2nd March, 2017:

Reports of the Departmental Committee on Environment and Natural Resources on: The Proposed Degazettement of 1,577.36 hectares of Turbo Forest Reserve comprising the Mautuma Settlement Scheme in Lugari District, Kakamega County;

The Petition by residents of Mwatate Constituency regarding human wildlife conflict and illegal grazing in Tsavo West National Park presented by Hon. Andrew Mwadime, MP;

The Petition by residents of Yatta Constituency regarding pollution of Athi River presented by Hon. Francis Mwangangi, MP; and,

The Petition by residents of Indian Bazaar in Kiambu County regarding pollution and establishment of Giotto Dumpsite in Hekima Estate presented by Hon. Jude Njomo, MP.

Hon. Speaker

The Chairperson, Departmental Committee on Lands, you have the Floor.

Hon. Speaker, I beg to lay the following Paper on the Table of the House today, 2nd March, 2017:

The Report of the Departmental Committee on Lands on the Petition by Mochongoi residents regarding the gazettement and issuance of title deeds in Mochongoi Settlement scheme.

Hon. Speaker

Next Order!

NOTICE OF MOTION

ADOPTION OF REPORT ON DEGAZETTEMENT OF TURBO FOREST RESERVE

Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts the Report of the Departmental Committee on Environment and Natural Resources on the proposed de-gazettement of 1577.36 hectares of Turbo Forest Reserve comprising the Mautuma Settlement Scheme in Lugari District, Kakamega County laid on the Table of the House today, Thursday, 2nd March, 2017.

Hon. Speaker

Next Order!

STATEMENTS

BUSINESS FOR THE WEEK COMMENCING 14 TH TO 16 TH MARCH, 2017

Hon. Speaker, pursuant to Standing Order No.44 (2) (a) , and on behalf of the House Business Committee (HBC) , I rise to give the following Statement.

The HBC met today. Without appearing to anticipate debate, Members are aware that we have scheduled a Motion for adjournment of the House to a day other than the next normal sitting today. Upon passing the Motion, Members will take a break for the next 11 days and resume on Tuesday, 14th March, 2017. The following business will be accorded priority when we resume from recess:

Hon. Speaker

Yes, the Member for Tigania West.

SAFEGUARDING THE TENETS OF FREE MARKET ECONOMY

Hon. Speaker, pursuant to Standing Order No.84, I beg to make a Statement on “Safeguarding the Tenets of Free Market Economy”.

Hon. Speaker, macadamia is one of the main cash crops in Meru County, contributing to about 40 per cent of the people’s income, particularly in Tigania West Constituency. It is my considered view that since agriculture is a devolved function, it should be fully embraced by county governments with specific regard to crop control and licensing.

Currently, some Chinese investors are buying macadamia nuts directly from farmers at a fair price of Kshs120 per kilogramme compared to local buyers, who purchase the same nuts at Kshs60 per kilogramme. It is saddening to note that various local buyers have resorted to scaring away the Chinese, who are the only potential investors in that county to the point of detaining them without valid reasons.

A Chinese investor has been in detention for a week without any valid reason. It is on the account of this grave concern that I wish to request the relevant laws to be amended to allow liberal operationalisation of the dynamics of free market economy that will enable our farmers to sell their products directly to their preferred buyers. This will also safeguard investors from exploitative cartels and other forms of unfair competition and trade practice.

Thank you.

Hon. Speaker

Hon. A.B. Duale, it appears that you have a new Leader of the Majority Party.

Hon. Speaker, I really wanted my sister to enjoy the privilege of sitting on the seat of the Leader of the Majority Party because it is only very few people who get a chance to sit here. I want to assure Hon. Midiwo and Hon. Mbadi that they have a long way to go before they can sit on this chair.

PROCEDURAL MOTION

HOLDING OF EXTRA SITTING

Hon. Speaker, I beg to move the following Procedural Motion:- THAT, pursuant to the provisions of Standing Order No. 30 (3) (b) , this House resolves to hold another sitting today, Thursday, 2nd March, 2017 for not more than three hours to commence 15 minutes following the adjournment of the current sitting. Hon. Speaker, we are doing this because of the Appropriation Bill. This House has passed the Report on the Supplementary Budget Estimates. Because we are going on recess, it is right that we pass this Procedural Motion. The Supplementary Estimates Bill is already with the Office of the Clerk.

At around 4.00 p.m., if there will be no much business, we can reconstitute another sitting so that the issue of the CDF billions, some of which went to the education and the road sectors – whose implementation we were arguing about – can be solved. If we do not get this money in the next 10 days, then we will be eating up into our time.

I want to ask colleagues that we sit here today and complete the business on the Appropriations Bill and have the Question put so that the Speaker can send it for presidential assent either tomorrow or on Saturday. The Parliamentary Service Commission (PSC) takes care of our salaries and foreign travel. The committees can only get resources if we pass the Supplementary Estimates Bill.

I beg to move and ask Hon. Midiwo to second.

Hon. Speaker

Hon. Midiwo.

Hon. Speaker, I beg to second. The Leader of the Majority Party has explained the nature of business to be transacted in the second sitting. I want to inform Members that we need quorum to constitute a sitting. I want to ask us to be kind to the nation because the Government needs the monies released so that the State can function.

I second.

Hon. Speaker

Hon. Members, I assume that each one of you has heard the reasons that have been advanced. As soon as the Supplementary Appropriation Bill is brought to the House, we will have to deal with it as explained by the Leader of the Majority Party. It will require the presence of all of us, including myself.

On a point of intervention, Hon. Speaker.

Hon. Speaker

What is it, Hon. Kombe?

Hon. Karithi made a statement on macadamia but you have not referred it to the relevant committee. Kindly advise us.

Hon. Speaker

Hon. Kombe, the appropriate English word that I used was that they are referred to the respective Departmental Committees to which the prayers relate. The Member seated next to you can tell you what that means. The prayer was clear as to which Committee it was seeking to be referred to. Maybe you could get the member next to you to tell you what that meant because the prayer was clear as to which Committee it was seeking it to be referred to. So, nothing is out of order.

THE NAIROBI INTERNATIONAL FINANCIAL CENTRE BILL THE HOUSING (AMENDMENT) BILL THE PRESIDENT’S AWARD BILL

CONSIDERATION OF REPORT THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

Hon. Speaker

Let us have the Leader of Majority Party. Who was reporting?

Hon. Speaker, you know there are too many people who are dreaming, including the Member for Gem. He should stay there and compete with Hon. Nyenze.

Hon. Speaker, I beg to move that this House doth agree with the Report of the Committee of the whole House on its consideration of the Statute Law

(Miscellaneous Amendment)

Bill

(National Assembly Bill No.45 of 2016)

subject to re-committal of provisions relating to the Retirement Benefits

Act.

Hon. Speaker, yesterday we dealt with that matter but our legal department said there is a bit of cleaning up. I would like to ask the chair of the Justice and Legal Affairs Committee just to second and explain to the House as we move. There is an object which is moving around here. I do not know if it is from Hon. Kajuju.

Thank you, Hon. Speaker. I have been destabilised by the objects that are moving in the House. They are used for certain purposes which are not to be mentioned in this House.

I rise to second the Motion for the re-committal of the Retirement Benefits

Act No.8 of 2015. The reason is that yesterday when we moved the amendment at the Committee of the whole House, there was some little bit of confusion with regard to the Deputy Chief Justice

(DCJ)

and the Chief Justice

(CJ)

. The reference was made to those who retired in 1993 but the intention is for the benefits to be conferred upon the CJ and the DCJ who will retire after the promulgation of the new Constitution that was done after 27th August, 2010. That is the reason.

We just want to clarify that and also to clarify who the CJ and the DCJ are. It was not very clear and we do not want people to go to court to seek interpretation in something that Parliament can make clear. We do not want anyone to go and ask what the mind of Parliament was. We can express ourselves and we can be very lucid.

I thank you, Hon. Speaker.

COMMITTEE OF THE WHOLE HOUSE

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

IN THE COMMITTEE

THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(Miscellaneous Amendments) Bill (National Assembly Bill No.45 of 2016). We will be dealing with the re-committed clause.

On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman

(Hon. Cheboi)

: What is it, Hon. Kajwang’? Let us have the Mover and then I will give you an opportunity, Hon. Kajwang’. The Retirement Benefits

Act

Hon. Temporary Deputy Chairman, I beg to move

THAT, the Schedule to the Bill be amended in the proposed amendments to the Retirements Benefits

Act, No.8 of 2015 by –

Thank you, Hon. Temporary Deputy Chairman. What the Chair of the Committee is doing makes sense because he is clarifying the law. I think the Chair owes us an apology because the truth of the matter is that the Chair knows that he did not come to the House to ask for re-committal of this. Sometimes we get fed up when procedure is subverted very clearly.

Yesterday I was in the House the whole day and the only issue which came for re- committal was proceedings relating to the Advocates Act. Even though we can see what he is doing makes sense, in good practise, he should just rise to apologise to the House that some procedures were not taken care of.

Secondly, he has also moved a further amendment. He should have started with what was before the House, we dispense it of procedurally and then he rises to move the further amendment.

This is the procedure. If you are going to have a House where the Leader of Majority goes behind the House and discovers that certain things were not done and then he brings Motions here without following the procedure, we will not have a National Assembly. We will have an assembly for the Leader of the Majority Party. The Chair of the Committee owes us an apology in good faith.

The Temporary Deputy Chairman (Hon. Cheboi) : I will be giving opportunity to the Chair of the Committee. I know the two of you are very good friends. Probably, you need to apologies to each other at an appropriate time. I was not in the House yesterday. Therefore, I do not have the benefit of knowing what transpired. The issue which I know is clear is that this has been brought to the House and the House agreed with it. As far as I am concerned, I will quickly dispense with it in that manner. Probably, the Chair of the Committee would have something to say. I may have to agree a little with Hon. Kajwang’, that sometimes we should dispense with issues at the particular moment they arise. If that does not happen and the House approves it, then we are within the right procedure.

Can I hear the Chair?

Thank you, Hon. Temporary Deputy Chairman. As you know, Hon.

Hon. Temporary Deputy Chairman, I thank you for indulging me. The issue raised by Hon. Kajwang’ is substantive. The attitude of the Chair of the Committee is casual. We know that our colleagues in the Jubilee Coalition do not like following procedures. They hate the law, but this is a House of rules.

The Temporary Deputy Chairman (Hon. Cheboi) : That is not very good for the House, Hon. Kajwang’, because inside this House as you know, we are all Members.

An Hon. Member

He is Hon. Midiwo. The Temporary Deputy Chairman (Hon. Cheboi) : I meant the Member for Gem, the land of many professors.

On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Cheboi) : What is your point of order, Hon. Chepkong’a?

Thank you, Hon. Temporary Deputy Chairman. It is unfair for a leader in this House to say that I am very casual in the manner in which I approach serious business of the House. He knows that I am a very serious man. I take things seriously. I cannot be casual at my age. I have practiced law for the last 26 years. For somebody to say that I am casual, he must be out of order.

For me to realize that we had excluded the former Vice-President, Hon. Kalonzo Musyoka, I must have been keen. He should have thanked me for being a very serious man to have noticed this anomaly. He should even be congratulating me for helping one of their members in NASA and who has been captured by us. That notwithstanding, we want to thank him for noticing that we are helping them in any event so that they do not cause trouble.

The Temporary Deputy Chairman (Hon. Cheboi) : Member for Gem, I have taken seriously what Hon. Kajwang’ stated. You know he is a very seasoned lawmaker and stickler of rules, as the Departmental Committee Chair rightly put it, but there are issues which we can see are fairly straightforward. For example, the issue of the further amendment is something that we can dispense with. I understood it easily. I would rather you speak to this particular one, whether you were supportive of it, so that we can move. Hon. Chepkong’a is one of the very serious Members of this House, for sure. Very serious!

Thank you, Hon. Temporary Deputy Chairman. Chepkong’a would not be here if he could differentiate between casual and serious. That is why he has joined where we are

like sheep. Like animals, some of you are better than us, but when it comes to English, it is the people of Gem who top.

(Laughter)

On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Cheboi) : What is it, Hon. Ichung’wah?

Hon. Temporary Deputy Chairman, I do not know whether you find Hon. Jakoyo to be in order. The projects being done by the Jubilee administration are not projects for the Jubilee administration. They are projects for the posterity of this country. You cannot talk ill of the SGR, knowing it is headed to Western Kenya and Uganda.

The Temporary Deputy Chairman (Hon. Cheboi) : Hon. Ichung’wah, I, of course find the Member for Gem to be out of order, but you are equally out of order because you have proceeded to argue. You have made it a point of argument. Your point of order is not valid. You have made your point anyway.

I wanted you to establish if it is in order. The Temporary Deputy Chairman (Hon. Cheboi) : I have indicated that it was not in order, but you were equally out of order.

On a point of order, Hon. Temporary Deputy Chairman. The Temporary Deputy Chairman (Hon. Cheboi) : Allow us to proceed, Hon. Chepkong’a. Okay, Hon. Chepkong’a.

Hon. Temporary Deputy Chairman, I rise pursuant to the Standing Order No.83. Is it in order for Hon. Midiwo to claim that there is someone who is dying when he knows we are not in hospital? There is nobody who is sick here. So, for somebody to imagine a very healthy person like me intends to die is wrong. We do not intend to die. Some words he has used are very bad in my culture. They should be expunged from the HANSARD.

The Temporary Deputy Chairman (Hon. Cheboi) : Hon. Chepkong’a, this is a House of debate. What surprises me is that Hon. Jakoyo is supporting your position. The issue whether somebody can die without going to hospital is a matter of argument. People can die without going to hospital. Since we are not dealing with that specifically, I think he has done well. He has supported your position. I will give opportunity to one last Member and that is most likely going to be the Member for Meru. She will have the last chance on this.

The Temporary Deputy Chairman (Hon. Cheboi): Order, Hon. Kajwang’! You are completely out of order. You must laugh in a certain formula in this House. I do understand, of course, that you and Hon. Kajuju were classmates elsewhere, but you are now Housemates here because we are in the same Chamber. Let us hear Hon. Kajuju. And it has to be very brief.

Thank you, Hon. Temporary Deputy Chairman. I would expect Hon. Kajwang’ and the Chair to do what they are doing because of conflict of interests, but that is history.

The Temporary Deputy Chairman (Hon. Cheboi) : Now, you are completely out of order. I do not understand the conflict of interest between you and Hon. Kajwang’, but proceed.

The conflict is between the Chair and Hon. Kajwang’. The Temporary Deputy Chairman (Hon. Cheboi) : The Chair of Departmental Committee on Justice and Legal Affairs did not declare any conflict. You are out of order, Hon. Kajuju. You know that. Now go straight to the point, otherwise, I will take the microphone from you. If you move further than the steps you have already taken.

I am only saying, Hon. Temporary Deputy Chairman, that we cannot forget history. But the point is that I fully support the amendment by the Chair. When the Chair speaks, it is the Departmental Committee on Justice and Legal Affairs that is speaking. So, it is not fair to say that at any one point there was any casual procedure to this programme. I, therefore, support.

Act as amended agreed to) The Temporary Deputy Chairman

(Hon. Cheboi)

: Let us have the Mover to move for reporting.

Hon. Temporary Deputy Chairman, I beg to move that the Committee doth report to the House its consideration of the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No.45 of 2016) and its approval thereof with amendments.

REPORT THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

Hon. Speaker

The Chairperson.

Hon. Speaker, I beg to report that a Committee of the whole House has considered the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No. 45 of 2016) and approved the same with amendments.

Hon. Speaker

Mover.

Hon. Speaker, I beg to move that the House do agree with the Committee in the said report. I request Hon. Kajuju to second.

Hon. Speaker, I second.

Hon. Speaker

Hon. Members, as you know, the rules are very clear. Maybe we can deal with that last aspect of the matter when we have the second Sitting.

Just to make a small correction, Hon. Members. I was listening to you debating that particular aspect of the amendment. The correct title of the law that you were amending is the Retirement Benefits

Act. It is not just officers, but designated officers. I was wondering Hon. T.J. Kajwang’, who I know is very thorough, also missed that particular aspect and he took part in the deliberations.

Hon. Members, we can deal with the second aspect only when we quorate.

Hon. Speaker

Hon. Midiwo.

Hon. Speaker, since we need the requisite Quorum to conduct this business, I propose that we look at the issue of quorum. There is no Quorum in the House and I ask that you order the Bell to be rung, so that Members can come in the Chamber. There are Questions that you must put before we can continue. I request that of you, Sir.

Hon. Speaker

Very well. Ring the Bell.

ADJOURNMENT

Hon. Speaker

Hon. Members, having failed to realize the quorum, in terms of the Procedural Motion passed earlier on concerning the Second Sitting; the House will adjourn for 15 minutes. The Second Sitting of the afternoon will start 15 minutes from now. The House is, therefore, adjourned.

Hon. Speaker

The House rose at 4.01 p.m.