Thursday, 31st August 2017

No! It is good. The Clerk of the National Assembly (Mr. Sialai) : Hon. Members, there is no harm getting somebody to represent him. Hon. Ng’eno, Member of Parliament for Emurua Dikirr, will be there when we start voting just to observe when they come in. Next are the two agents or an agent for Hon. Muturi Justin Bedan Njoka. We have Hon. Washiali and Hon. Cecily Mbarire. They can be two. I think there is no harm. At the time we are counting and all that, Hon. Mbarire will be the agent or representative for one of the candidates, Hon. Muturi.

If that is the case, Hon. Members, may I now ask my officers to call out names? Voting will start now. When your name is called, you come forward here and pick your ballot paper and vote. For the Hon. Members with disabilities, ballot papers will be brought to where you are seated and then you can come and vote.

Thank you.

Officers, you are supposed to approached Hon. Teiyaa and give her a ballot paper.

The Clerk of the National Assembly (Mr. Sialai) : Hon. Members, I do not know whether there is anybody who has not voted for any reason. Could there be any Member who is present but has not voted? It appears that all the Members who wished to vote have already done so.

Standing Order No.6 (6) says: “When it appears to the Clerk that all the Members who are present, and who wish to vote have placed their ballot papers in the ballot box, the Clerk shall unlock the box, examine the ballot papers and, having rejected any unmarked or spoilt, report the result of the ballot; and no Member who has not already recorded his or her vote shall be entitled to do so after the Clerk has unlocked the ballot box”.

Therefore, in accordance with this Standing Order, I am directing my officers to unlock the ballot box and examine the ballot papers. Once they have checked to ascertain whether there are some which are unmarked or spoilt, we will start counting the votes.

(The clerks unlocked the ballot box and proceeded to count the votes) The Clerk of the National Assembly (Mr. Sialai): You can now open the seals.

We have confirmed that it is empty. I am now asking officers to lock it.

(The Serjeant-At-Arms locked the ballot box) I presume the same agents will stand in for the candidates. Hon. Mbarire and Hon. Ngeno, Member for Emurua Dikirr, are the agents and representatives of the candidates. Members, you may wish to know that the colour of the ballot papers you are using for a further ballot is different from the other one. This is meant to differentiate between the two voting. Therefore, I am asking my officers to call out names and give out ballot papers, so that we can move ahead. Let us continue.

and the candidate or candidates who in that ballot received the next highest number of votes shall alone stand for election in a further ballot---” We have just concluded that ballot and the results have been announced. The Standing Order further says:

“---and the candidate who receives the highest number of votes in the further ballot shall be elected Speaker”.

Hon. Members, the Clerk of the National Assembly, distinguished guests, ladies and gentlemen, I am deeply honoured by the confidence you have bestowed upon me by electing me to serve as the Speaker in the 12th National Assembly. I am humbled by the trust and faith you have bestowed upon me. I resound the words of the 1964 Nobel Peace Prize winner, the late Dr. Martin Luther King who said:

“I come as a trustee, for in the depths of my heart, I am aware that this election is much more than an honour to me personally.”

As I uphold my unreserved commitment and enthusiasm to serve you as the Speaker, I solemnly affirm that I will perform my functions in this august House with diligence, dignity and honour. I undertake to discharge my duties with the high degree of efficiency and impartiality and will to the best of my ability, respect, uphold and defend the people’s constitutional sovereignty assigned to this House.

I submit myself to the will of this House and assure you that I will, as usual, strive to be accessible to every Member in this House and ensure that we work together for the wellbeing of our great nation.

Hon. Members, you will agree with me that it has been a long day today. At the beginning of this second part of the sitting, the Clerk of the National Assembly enumerated a list of 23 other exceptionally outstanding citizens who expressed interest in becoming the Speaker of the National Assembly in the 12th Parliament.

I would like to recognise Dr. Winja Migudo who qualified as a candidate and made it all the way to the ballot paper.

To my first constituency - my family, I thank you for sharing my dream. Your support through the years has been invaluable and I consider myself absolutely fortunate.

Hon. Members, allow me to also congratulate you individually and collectively for your recent election victories. The positions we now occupy are not only a great honour and privilege but they are a demonstration of the immense trust that the citizens of this Republic have bestowed upon us.

Looking around, I can see many familiar faces, peers, past and present colleagues. It is gratifying to see very many familiar faces. I am happy to note that more than 150 of you Hon. Members have been re-elected for a further term. The list tabled by the Clerk also indicates that 32 Members will now be serving their third, fourth and fifth terms. This is an endorsement of the confidence your electorates have in you.

Allow me to particularly recognise and acknowledge the Member for Kitutu Chache North Constituency, Hon. Jimmy Nuru Angwenyi, who now serves as the senior most Member in this House as he commences his fifth term in this august House. In parliament parlance, he becomes what we call the “father of the House”.

On this note, allow me, Hon. Members, to single out the Member for Taveta Constituency, Hon. Naomi Shaban, who now becomes the longest serving female Member in the House as she commences her fourth term today. I say kongole Mheshimiwa Daktari. Given the nature of our competitive politics, you have earned more than our deepest respect. To the veterans who have returned to this august House, Hon. Amos Kimunya, Hon. Maoka Maore, Hon. Jane Kihara, Hon. Jeremiah Kioni, Hon. Charles Kilonzo, Hon. Fred Kapondi, Hon. Kizito Mugali, Hon. Peter Mwathi, Hon. Noor Sophia Abdi, Hon. John Oyioka, Hon. Joshua Kutuny and Hon. Raphael Wanjala, karibuni.

Parliament. The purpose of the code is to create public trust and confidence in Members of Parliament and to protect the integrity of Parliament.

Hon. Members, indeed, upon taking oath, we all undertook to abide by the code and this should be our point of reference in discharging our respective duties and responsibilities. Further, we communally have a huge responsibility to serve all Kenyans and to continuously seek to address their aspirations. We are called upon to exercise the sovereign power of the people through legislation, representation, oversight of State officers and State organs and the deliberation of the various issues of concern to the people of this great nation. Indeed, this is to all of

us what is provided for in Article 95(1) of the Constitution. In undertaking this noble responsibilities, we must be guided by the values of good governance, democracy, patriotism, national unity, inclusivity as well as the broad spectrum of the national values and principles of governance enshrined in our Constitution and more particularly in Article 10.

As political leaders, we must dedicate ourselves to serve the national interest and advance the common good. Adversarial politics only serves to undermine public confidence in our institutions. Let us not be sworn to antagonism but let us promote, embrace, enhance and commit to serve the public in the spirit of integration and reconciliation. The priority of this House is to consolidate the achievements enshrined in our Constitution and to seek progress mindful of the ones of the great British citizen Winston Churchill who emphasised:

“If we open a quarrel between the past and the present, we shall find that we have lost the future.”

In this regard, Hon. Members, I encourage this House to embrace collegiality, fellowship, mutual and reciprocal respect when conducting all its proceedings. Let us be the agents that promote unity and advancement of this indivisible nation. Let us undertake our responsibilities in a dynamic and proactive manner and for the sake of the great people of Kenya. Let the words of the 28th President of United States of America, Woodrow Wilson continuously echo in our minds:

“You are not here merely to make a difference. You are here to enrich the world, and to impoverish yourself if you forget the errand.”

In this regard, it is my view that this House should seek to consolidate the gains made by its predecessor, the 11th Parliament. Looking back, the 11th Parliament executed its roles with great success. It passed a total of 180 bills which have since become laws and considered 124 petitions and various motions.

Additionally, the 11th Parliament will be remembered for having considered and approved amendments to the National Assembly Standing Orders which have created the new committees that I have mentioned. The import of these amendments was to, among other things reconstitute committees; realign their mandates; engender effective member participation and promote efficiency in them. To put it candidly, the 11th Parliament nursed and weaned an infant which has now grown into a blossoming bicameral legislature.

The 12th Parliament now has the responsibility of nurturing this infant. This will be achieved through continuous review of the various existing legislations to align them with the tenets of our constitutional dispensation and the promotion of effective public participation - one of the fundamental pillars of our Constitution: Article 118 and Article 10. Simply put, public participation is the link between you and the people you represent.

Although these are some of the tasks that lie ahead, you will only know the depth of a river by immersing yourself in it, swimming through it and if circumstances demand diving into

the riverbed and examining what lies beneath. What I am trying to say is that our task as Members will continue to unravel as we commence the journey of resolving issues of concern to the people we represent. What should be our driving force is a need to recognise--- Although the task ahead is enormous, it provides an opportunity for this House to participate in moulding essential governance institutions and strengthening our democratic processes.

Hon. Members, may we live to fulfil a legacy, a legacy that consolidates our democratic gains and brings transformation as we launch this country towards a trajectory of steady economic growth, social and political development.

In the life of the 12th Parliament, I undertake to implement a paperless system in the House. The Parliamentary Service Commission (PSC) is in the process of implementing various Information and Communication Technology (ICT) platforms to support this system. I, therefore, encourage Members to equip themselves with the necessary tools that will assist them utilise these facilities. I also undertake to work with all governance institutions including our sister House, the Senate, Judiciary and the Executive on the basis of cooperation, consultation, mutual respect and reciprocity.

Additionally, I also undertake to foster our relationship with the East African Legislative Assembly (EALA), the Pan African Parliament, the Caribbean and Pacific European Union Joint Parliamentary Assembly and other regional integration bodies.

Hon. Members, Article 127(6) of the Constitution obliges the PSC to provide services and facilities to ensure efficient functions of Parliament. In this respect, the commission is in the process of completing the new office block for Members of Parliament. It is expected to be ready by end of next year. The new office block will have 20 Committee meeting rooms, 338 executive offices and over 400 parking spaces. This will go a long way towards ensuring that you execute your duties and responsibilities with efficiency and effectively.

You are all aware of the existing political stagnation in the nomination of Members to the East African Legislative Assembly. I call upon the political leadership to rise above the clouds and bring a speedy solution and conclusion to this matter.

I am proud to preside in the one institution that manifests the diversity of this nation, represents the will of the people and exercises their sovereignty. Let our diversity enhance and enrich all our deliberations.

As your Speaker, I will protect fully and faithfully uphold, defend and respect the Constitution, the Parliamentary Powers and Privileges Act and our own Standing Orders. I look forward to working with all of you in discharging our respective mandate. Together we can make our country proud.

As I conclude, I wish to inform you that the PSC has organised an induction retreat for all Members of the National Assembly. Members will be apprised of the legislative-making processes including but not limited to the introduction of Bills and Motions, the budget-making processes, the committee system, the rules of debate and various aspects of Parliamentary powers and privileges. I encourage you all to dutifully attend the sessions even if it is not your first time to be inducted, like of course, Hon. Jimmy Angwenyi. This is a suitable opportunity for interaction and sharing of experience between Members; both old and new.

Finally Hon. Members, I wish to commend the Clerk of the National Assembly, Mr.

Michael Sialai, a long standing Parliamentary officer and all the staff of Parliament for the manner in which they have conducted this process including the pre-swearing in sessions carried out on Tuesday and Wednesday. I request you to continue facilitating Hon. Members with this elevated degree of proficiency, professionalism and impartiality. Asanteni sana.

God bless the Parliament of Kenya and the people of this great nation. Thank you, Hon. Members. Hon. Members, before I call on the Clerk to take us through the next Order, permit me to recognise and appreciate all Members of the public that have travelled from the breadth and width of this country to come and witness this rare occasion that happens only once in five years. Asanteni sana kwa kuja kuhakikisha na kuona waheshimiwa wakiapishwa ndio waanze kazi rasmi.

Next Order!

In this regard and pursuant to provisions of Standing Order No.11, which provides that if there is only one candidate who has been duly nominated for election as Speaker at the expiry of the nomination period, that candidate shall be declared forthwith to have been elected Speaker without any ballot or vote being required, I declare one Hon. Moses Kipkemboi Cheboi duly elected as the Deputy Speaker of the National Assembly.

Hon. Members, the Clerk having declared that the said Hon. Moses Kipkemboi Cheboi is duly elected as the Deputy Speaker of the National Assembly in the 12th Parliament, I now direct that the said Hon. Moses Kipkemboi Cheboi be searched, hunted for and brought to the House.

Hon. Members, I appreciate that we have just come from a general election where how you criss-crossed the country did not matter. Hon. Florence Mutua must still be in that mood.

Hon. Speaker, I present to you Hon. Florence Mutua.

Ms. Florence, do you wish to swear by the Bible or through affirmation?

The Bible, Hon. Speaker.

In English language or Kiswahili? The Oath of Allegiance was administered to the following Member: Mutua Florence Mwikali

“After taking and subscribing to the Oath or Affirmation of Office under Standing Order 12

, the Speaker shall notify the Members of the place, date and time of the opening of Parliament.”

Article 132 (1) (a) of the Constitution states:

“The President shall-

Hon. Members, the time being 7.07 p.m., The House stands adjourned to reconvene at a date that I will communicate shortly.

Thank you. The House rose at 7.07 p.m.