Hon. Members, I have a number of communications to make. I will start with the simpler one.

December, 06, 2018 PARLIAMENTARY DEBATES 7 A certified version of this Report

Hon. Speaker, I beg to lay the following Papers on the Table of the House: The Protocol to amend the Convention on offences and certain other acts committed on Board an Aircraft (Montreal Protocol 2014) from the Office of the Attorney General and Department of Justice.

The Chairperson, Departmental Committee on Lands.

Hon. Speaker, I beg to lay the following Papers on the Table of the House: Reports of the Departmental Committee on Lands on its consideration of the Petitions regarding: December, 06, 2018 PARLIAMENTARY DEBATES 9 A certified version of this Report

Member, Kenya Delegation to the Commonwealth Women Parliamentarians (CWP) East Africa Sub-region Sensitization Workshop. Hon. Janet Sitienei, Member for Turbo. That Member is in breach of Standing Order No.103.

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

Member, Delegation to the Commonwealth Parliamentary Association (CPA), Hon. Dr. Makali Mulu who is also the regional representative.

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

Member, Delegation to the Inter-Parliamentary Union (IPU) , Hon. Wangwe Emmanuel, Member for Navakholo.

Hon. Speaker, I beg to lay the following Paper on the Table of the House: Report of the 139th Assembly of the Inter-Parliamentary Union (IPU) and related meetings held in Geneva, Switzerland from 14th -18th October 2018. Thank you, Hon. Speaker.

Chairperson, Departmental Committee on Sports, Culture and Tourism. Hon. Korei, are you there? Proceed.

Hon. Speaker, I beg to lay the following Paper on the Table of the House: Report of the Departmental Committee on Sports, Culture and Tourism on the Conservation Caucus Summit 2018 held in Washington DC, USA from 21st -28th September

Chairperson, Departmental Committee on Transport, Public Works and Housing to lay several Papers. Hon. Pkosing.

Hon. Speaker, I beg to lay the following Papers on the Table of the House: The Reports of the Departmental Committee on Transport, Public Works and Housing on: 56th National Association of State Contractors Licensing Agencies (NASCLA) Annual Conference held in Nashville, Tennessee, USA from 27th - 30th August, 2018. 13th Air Navigation Conference held in Montreal, Canada from 9th - 15th October, 2018. International Building and Construction (SAIE) Conference and Exhibition Held in Bologna, Italy from 15th – 20th October 2018. International Civil Aviation Organization (ICAO) Regional Seminar held in Johannesburg, South Africa from 8th - 14th April 2018; and International Civil Aviation Organization (ICAO) Regional Facilitation (FAL) Seminar held in Dakar, Senegal from 5thto 8th March 2018. December, 06, 2018 PARLIAMENTARY DEBATES 10 A certified version of this Report Thank you, Hon. Speaker.

Chair, Departmental Committee on Energy, Hon. Pukose.

Hon. Speaker, I beg to lay the following Papers on the Table of the House: The Reports of the Departmental Committee on Energy on: Power outages in Moyale Constituency since January 2018 by Hon. Qalicha Gufu Wario, MP, Member for Moyale Constituency. Compensation of flood Victims by Kenya Electricity Generating Company (KenGen) in a Petition by Hon. Ali Wario Guyo, MP, Member for Garsen Constituency on behalf of residents of Garsen; Massive Power disconnections by Kenya Power Ltd in Shirakalu Village, West Butsotso Ward Navakholo Constituency by Mr. Vincent Muthuku Okoti; and, The Petition by Messrs Pius Omolo and Agoi Vedell on behalf of oil marketers in the country regarding licensing of oil marketing companies by Energy Regulatory Commission (ERC) . Thank you, Hon. Speaker.

Next Order!

The first Question is by Nominated Member, Hon. Wilson Sossion. Question No.296/2018

Hon. Speaker, I rise to ask the Cabinet Secretary for Labour and Social Protection the following Question:

I am sure the House knows that Hon. Sossion is a key recognised trade unionist in this country leading a very vibrant union. I hear the Member for Endebess suggesting that perhaps he is looking for clients from Safaricom. That is what the Member for Endebess is suggesting. However, Hon. Sossion, I am sure that is not what you are doing. The Question is referred to the Departmental Committee on Labour and Social Welfare, but as you know what is likely to happen later in the day, this is something for record. Next Question is by Nominated Member, Hon. Godfrey Osotsi. December, 06, 2018 PARLIAMENTARY DEBATES 11 A certified version of this Report

Hon. Speaker, I rise to ask the Cabinet Secretary for Interior and Coordination of National Government the following Question:

The Question is referred to the Departmental Committee on Administration and National Security. Next is the Member for Mathare Constituency, Hon. Anthony Oluoch. Question No.213/2018

I rise to ask the following Question to the Cabinet Secretary for Lands and Physical Planning:

The Question is referred to the Departmental Committee on Lands. Next Question is by the Member for Suna West, Hon. Masara. Question No.246/2018

Hon. Speaker, I rise to ask the Cabinet Secretary for Petroleum and Mining the following Question: December, 06, 2018 PARLIAMENTARY DEBATES 12 A certified version of this Report

The Question is referred to the Departmental Committee on Environment and Natural Resources. Next is the Member for Kapenguria, Hon. Moroto. Question No.281/2018

Hon. Speaker, I stand to ask the Cabinet Secretary for Petroleum and Mining the following Question:

The Question is referred to the Departmental Committee on Environment and Natural Resources. The next one is by the Nominated Member, Hon. (Prof.) Oduol. Question No.282/2018

Hon. Speaker, I rise to ask the Cabinet Secretary for Wildlife and Tourism the following Question:

The Question is referred to the Departmental Committee on Environment and Natural Resources. Next Question is by the Member for Keiyo North, Hon. (Dr.) James Murgor. Question No. 286/2018

Hon. Speaker, I wish to ask the Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development the following Question: December, 06, 2018 PARLIAMENTARY DEBATES 13 A certified version of this Report

The Question is referred to the Departmental Committee on Transport, Public Works and Housing. Finally, we have a Question from the Member for Funyula, Hon. (Dr.) Wilberforce Ojiambo Oundo. Question No.287/2018

Thank you, Hon. Speaker. I rise to ask Question 287/2018 directed to the Cabinet Secretary for Interior and Co-ordination of the National Government.

The Question is referred to the Departmental Committee on Administration and National Security. Hon. Members, that is the end of Question Time. As you noticed, Order No. 7 is Questions and Statements. We are not yet through. I want to inform the House that today being the last sitting day of this Second Session, all those Questions, including the ones which you have just asked, and the Petitions which have not been dealt with will lapse by operation of law. Therefore, the Members who have Questions that are pending are advised to visit the Table Office as soon as the House resumes so as to get their Questions prioritised and given new numbers because they cannot go bearing the number of the year 2018. The new ones will bear the number of the year 2019. This is an advice. Member for Suba North.

Thank you, Hon. Speaker for giving me the opportunity to contribute. I rise under Standing Order No. 84 to give a Personal Statement. I wish to go on record in relation to issues that were raised about me by the Leader of the Majority Party, Hon. Aden Duale, on 15th November 2018 during the Morning and Afternoon Sittings while discussing the Statute Law (Miscellaneous Amendment) Bill, and specifically in relation to the Children Act (No.8 of 2001) . His comments form part of the parliamentary record. December, 06, 2018 PARLIAMENTARY DEBATES 14 A certified version of this Report Even though I have clarified the same to Hon. Duale, I wish that my position to also form the record for avoidance of doubt. The Leader of the Majority Party, Hon. Duale, made the following remarks: “On a point of order, Hon. Temporary Deputy Chairman, I ask Hon. Kaluma to stop what he is doing. I want to go on record and be on the HANSARD. I want anybody to challenge me here that we cannot legislate for our own individual gain. Let me finish. Hon. Millie Odhiambo, the purported owner of the amendments, runs an institution called the CRADLE. I want anybody to oppose me. On that basis, Hon. Millie Odhiambo, whether she is here or not, is making laws for her own business and this House cannot be used. So, Hon. Temporary Deputy Chairman, I want you to put the Question and we will oppose all her amendments.” He further stated as follows in response to Hon. (Dr.) Nyikal’s attempts to move amendments on my behalf given that I was away on parliamentary duties out of the country. He said: “You either say it is your amendment, we look at the Order Paper, or it is not. There is nowhere in the procedure where you and Millie can be shareholders in an amendment. You can only be shareholders in Children’s homes”. It is my understanding that these utterances portrayed me, based on the calls I have received in relation to the same, as a dishonest person, lacking in integrity and seeking to benefit from the cause of vulnerable and disadvantaged children. I wish to set the record straight that the proposed amendments were informed by the fact that there is a comprehensive Bill in relation to the Children Act that is pending with the Office of the Attorney-General that would deal with these issues comprehensively. Further, I did not wish to see a situation where one organisation, the Child Welfare Society of Kenya, was granted monopoly to deal with adoptions as monopolies often lead to abuse. That is a position I still hold. For clarity, I was raised by a mother who was passionate about children’s issues. She worked as a children’s officer with Child Welfare Society of Kenya. She worked for years placing bright needy children to schools such as Starehe Boys Centre. She took several matters to court for family mediation and resolution for the sake of the children. Even though my mother was widowed early with eight children, our house became a haven for vulnerable children and widows. She died on her knees surrounded by women whom she was hosting from her church. She was still committed to work for the society. I am an apple that did not fall far from the tree. My mother was not rich materially but I have inherited the best from her – a passion for the protection of children and women. I have dedicated my legal work largely to public service. My Masters in Law from New York University is in public service law. There are very few lawyers in this country with that specialised degree, including Justice Patrick Kiage. I, together with other Christian lawyers, including Mr. Victor Kamau, Ms. Anne Nyambura Makome, my late cousin, Mr. Eric Ogwang and others, started offering pro bono services for children in the mid-1990s. When we got overwhelmed, we founded the CRADLE. Now, 8th December this year marks 20 years since the launch of the organisation. It started working by offering legal representation and psycho-social support to children who are sexually abused. It has assisted thousands of children through the offices it has held in Nairobi, Garissa, Turkana, Kwale, Mombasa, Eldoret, Kisumu and Mbita Point. Based on the cases we dealt with at the legal aid clinics, we realised gaps in laws and lobbied for them. I have seen the passage of several laws. Some were sponsored by me upon joining Parliament. These laws include the Criminal Law (Amendment Act) 2013, the constitutional provisions relating to children, the December, 06, 2018 PARLIAMENTARY DEBATES 15 A certified version of this Report Sexual Offences Act, the Counter Trafficking in Persons Act, the Children Act, the Female Genital Mutilation (FGM) Act, and the Victim Protection Act, amongst several others. The organisation has done awareness programmes and monitoring of compliance with international human rights convention. It undertook pioneering work on trafficking in children that we passionately seek to deal with in this House. Because I cannot state all the work that the organisation has done in 20 years, I will table a dated version of the work it does. I wish to state very categorically that I am indeed a proud founder of the CRADLE. It is a feather in my cap as we have significantly transformed lives. Nonetheless, it is not my business. It is a public entity as a Non-Governmental Organisation (NGO) by law. I ceased to work there as the Director upon joining Parliament, even though I still offer some advisory role as a founding trustee. It has a management board and secretariat that are competitively hired. I have never desired to own a children’s home. My expertise is in law. The CRADLE has never, to the best of my knowledge, information and belief, been an adoption agency and does not intend to be one now or in the future. It is not in competition with the Child Welfare Society of Kenya as their mandates are very different. I declare that before I joined Parliament, I was a member of the adoption committee of the Child Welfare Society of Kenya because of my legal expertise. It is an organisation I hold in high esteem, due to the noble work it does. I disagreed with them on their approach to adoption and I still do. That does not change my view of them and does not warrant imputing improper motive on my character. I founded the Parliamentary Caucus on Children since I joined Parliament and I am still the Chair of the same. I will still continue being passionate about children until God takes me home. Thank you, Hon. Speaker. Merry Christmas to Members. (Hon. (Ms.) Odhiambo-Mabona tabled the document)

Hon. Duale.

Hon. Speaker, you need to check whether the document is admissible as per parliamentary practice. A Member cannot just table a document. It can be a Mwakenya or a very seditious document planning to overthrow the legally elected Government of President Uhuru Kenyatta. So, the Hon. Speaker must say it is admissible before it is accepted.

The Member engaging the Member for Suba North may have been inspired by the Personal Statement. Hon. Members, I have examined the document. It may be of interest to Members. It is a mini profile. It contains aspects of their philosophy, history, programmes and such like material. It is useful for Members who may wish to understand the organisation CRADLEO.

Hon. Members, as you are aware, at the rise of the Sitting today, the House is scheduled to proceed on a long recess up to Tuesday, 12th February 2019 at 2.30 p.m. as per the Calendar of the House as already stated by the Leader of the Majority Party, in what marks the conclusion of the Second Session of the National Assembly in the 12th Parliament. I wish to commend the House for the diligence and commitment to the business of the House throughout the Session. The last two months have been exceptional. The Session saw the House transact key business. Quite notable too is the early mastery of parliamentary procedures and practices among first time legislators as we approached the end of the Session. I want to encourage those that have yet to come to terms with the practices and procedures of the House to pay keener interest to what happens in the House. We have also benefited immensely from the long serving Members of the House. You have, as a House, made tremendous contribution to the governance of our country be it in plenary, in committees or across the constituencies you represent. As is our tradition, Committee activities will hereafter stand suspended from 11th December 2018 until Monday, 4th February 2019 being the first week of February 2019 except Public Accounts Committee and Public Investments Committees whose sittings shall stand suspended until Monday, 28th January 2019 in recognition of the nature of their mandates. The suspension is to allow you to spend valuable time with your families, those who have, during the holiday season and also attend to your constituents. In addition, this will give the staff of Parliament an opportunity to take their annual leave and also begin preparations for the next Session. Hon. Members, I wish you a happy, safe and restful festive season, and a prosperous New Year, 2019. Let us move to the next Order.

Hon. Members, let us transact this business. It is important. You concluded business on this Bill. What remains is to put the Question. December, 06, 2018 PARLIAMENTARY DEBATES 17 A certified version of this Report Let us have the Mover.

Hon. Speaker, I beg to move that the National Youth Service Bill, National Assembly Bill No.26 of 2018 be now read a Third Time. I request Hon. Ali Wario, Member for Bura and the Chair of the Departmental Committee on Labour and Social Welfare to second.

Hon. Wario.

Hon. Speaker, I beg to second. (Question proposed)

Put the Question.

That is the desire of the House. (Question put and agreed to) (The Bill was accordingly read the Third Time and passed)

Hon. Members, the County Allocation of Revenue (Amendment) Bill, Senate Bill No.29 of 2018 debate was concluded in the morning. What is left is for me to put the Question. (Question put and agreed to) (The Bill was read a Second Time and committed to a Committee of the whole House today by leave of the House) Hon. Members, before the House goes to Committee of the whole House, I plead with the House that it may be desirable that as many of you as are present remain present to conclude this business and the next one. As you know, the next one entails your decision on approval of the nominees for appointment as the Vice Chair and the Members of the Public Service Commission. I will urge December, 06, 2018 PARLIAMENTARY DEBATES 18 A certified version of this Report you, please do not leave. This being the last day, I will only urge that we conclude everything procedurally. Thank you very much, Hon. Members.

Hon. Chairman, I beg to move that the Committee doth report to the House its consideration of the County Allocation of Revenue (Amendment) Bill and its approval thereof without amendments. I wish to ask Hon. Kimaru to second. The Temporary Deputy Chairman (Hon. Christopher Omulele) : That does not need to be seconded. (Question proposed) (Question put and agreed to) (The House resumed) [The Temporary Deputy Chairman (Hon. (Ms.) Jessica Mbalu) in the Chair] The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Order Members!

Hon. Temporary Deputy Speaker, I beg to report that a Committee of the whole House has considered the County Allocation of Revenue (Amendment) Bill and approved the same without amendment.

Hon. Temporary Deputy Speaker, I beg to move that the House do agree with the Committee in the said Report. I request Hon. Kimaru to second the Motion for agreement with the Report of the Committee of the whole House.

Hon. Temporary Deputy Speaker, I second. (Question proposed) The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : We do not have the requisite number. Can we have the Quorum Bell rung? (Quorum Bell was rung) The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : I can now confirm that we have the requisite number for the purpose of putting the Question. (Question put and agreed to)

Hon. Temporary Deputy Speaker, I beg to move that the County Allocation of Revenue (Amendment) Bill, be now read the Third Time. I request Hon. Waititu, Member for Juja to second. (Hon. Francis Waititu spoke off record) The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : You are not on record. Go on record as seconding.

Hon. Temporary Deputy Speaker, I second. (Question proposed) (Question put and agreed to) (The Bill was accordingly read the Third Time and passed)

On a point of order, Hon. Temporary Deputy Speaker. I rise under Standing Order 95 to move – since this matter was debated exhaustively in the morning – that, the Mover be now called to reply. The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu): Order! Order, hon. Members! I put the Question that the Mover be called upon to reply. (Question, that the Mover be called upon to reply, put and agreed to)

Hon. Temporary Deputy Speaker, I beg to reply. First of all, I want to thank hon. Members for their contribution. I want them to know that my Committee has listened to all their submissions and their concerns have been taken into account by the Committee. I also want to thank the Members of my Committee for the many hours they have put in this work to make sure that we vetted all the nominees. In conclusion, I thank hon. Members again for their contribution. We will make sure that what they have submitted is done by the Public Service Commission. With those remarks, I reply. (Question put and agreed to)

Hon. Temporary Deputy Speaker, on behalf of the Chairperson of the Special Funds Accounts Committee I beg to move the following Motion: THAT, this House adopts the Fourth Report of the Special Funds Accounts Committee on Audited Financial Statements for the Kenya Roads Board Fund for the Year ended June 2017, laid on the Table of the House on Tuesday, 4thDecember 2018. Hon. Temporary Deputy Speaker, the Special Funds Accounts Committee (SFAC) is amongst the three watchdog Committees of the 12th Parliament responsible for examination of December, 06, 2018 PARLIAMENTARY DEBATES 21 A certified version of this Report audit reports of the Auditor-General on the following Special Funds to ensure probity, efficiency and effectiveness in application of public funds – The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu): Order! Order, Hon. Members! Order, Hon. Ichung’wa! The Members who are consulting, please, can you do so in low tones? The Mover of the Motion on adoption of the Report shall be heard in silence.

Thank you, Hon. Temporary Deputy Speaker. The Special Funds are: - December, 06, 2018 PARLIAMENTARY DEBATES 22 A certified version of this Report – 15 per cent. operations – 2 per cent. Board/Cabinet Secretary priority projects – 10 per cent.

Thank you, Hon. Temporary Deputy Speaker. I rise to second this Report. It is important that at the earliest possible opportunity the country gets to know how these percentages which have been forwarded by KRB to the relevant Departments of KeRRA, KURA, KeNHA and the county governments are utilised because it is the elephant in the room. I want to acknowledge that, indeed, KRB has done their work well. We went through their books and did not find many things amiss. We just want to appreciate that continuously there has been improvement in the allocation of funds raised, especially the amounts allocated to our roads. Indeed, it is evident that our roads in almost every part of this country have improved because they are maintained and new roads are being constructed. Thank you, Hon. Temporary Deputy Speaker, I second. (Question proposed) The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : I see no interest to speak on this and this calls for me to put the Question. Hon. Members, I see you are contented with the Report and, therefore, I call upon the Mover to reply. He can Move and then reply that the House has no issues.

Thank you, Hon. Temporary Deputy Speaker. My understanding is that Members have gone through the Report and, as we were informed by the Auditor-General, the Report was unqualified as per their opinion and there were no issues. I think the Members also realised there were no issues and that is why they are ready to adopt it. Hon. Temporary Deputy Speaker, I beg to reply. The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : This is a sign that Members have already looked at the Report and they are contented with it. All the Reports are available. Hon. Members, guided by our own Standing Orders, we will not be able to put the Question to the Motion on the Fourth Report on Audited Financial Statements for the Kenya Roads Board Fund for the year ended 30th June 2017. So, I do order that the Question be put at December, 06, 2018 PARLIAMENTARY DEBATES 24 A certified version of this Report the right time as it will be indicated in our Order Paper in the next sitting that will be given by the HBC. Next Order!

(Off-record) The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : The Vice Chair is there. Now when I call the Chair, I mean if you are the Vice Chair you are equal. Badala ya Musa ni Hussein.

Hon. Temporary Deputy Speaker, when I checked last, my Chair was around. However, as you have stated, I think he did not imagine that we would go through the Orders so fast. The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Are you authorised to do that?

I have capacity, Hon. Temporary Deputy Speaker. The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Do you want to move or have you consulted the Chair?

I want to move. The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : Have you been authorised?

I have capacity, unless there are different instructions. The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : You know you are the one who told the House that the last time you checked, the Chair was present. Being the Vice Chair, you know you have the capacity and authority. Go ahead and move.

Hon. Temporary Deputy Speaker, I beg to move that the Insurance (Amendment) Bill (National Assembly No. 21 of 2018) be read a Second Time. Our Committee went through this Bill up to public participation. We interviewed and had a chance to speak to Kenyans from all walks of life and particularly the most important stakeholders, that is, the Association of Insurance Brokers of Kenya, Bima Intermediaries Association of Kenya, Britam Holdings PLC, APA Insurance Limited and many other underwriters, brokers, attorneys and legal experts. We took time to go through their petitions and also to hear what they had to say about this Bill. I wish to inform the House that this Bill was submitted to the Cabinet Secretary for the National Treasury and Planning in line with the proposals announced in the Budget from 2018/2019. December, 06, 2018 PARLIAMENTARY DEBATES 25 A certified version of this Report The principal object of the Bill is to amend the Insurance Act to address the adverse selection and high costs of loss assessment related to traditional indemnity-based agriculture insurance by providing for index-based insurance as an alternative with intention to reduce hazard, adverse selection, underwriting and claim assessment costs while speeding up claim settlements. In addition, the Bill seeks to amend the Act by introducing legal provisions creating offences on insurance fraud. These include penalties intended to address the problem of insurance fraud that continue to be a major challenge to the stability of the… The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu): Member for Roysambu.

Yes, Hon. Temporary Deputy Speaker. The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : We have an intervention by the Member for Seme. Could we get his intervention? Member for Roysambu, resume your seat.

Hon. Temporary Deputy Speaker, I want to bring your attention to the fact that we do not quorum in the House. The Temporary Deputy Speaker (Hon. (Ms.) Jessica Mbalu) : The Hon. Member was moving the Bill and Hon. Nyikal rose on a point of order. That is in the Standing Orders. So, I order the Quorum Bell to be rung. Hon. Members, when the Quorum Bell is being rung, you cannot walk out of the Chamber unless you are the Whip. If you do it, I will declare you out of order. Serjeant-at-Arms should always ensure that Members follow procedures. (The Quorum Bell was rung)