Thursday, 8th September 2022

Standing Order 6 provides as follows regarding the voting procedure where more than one candidate qualifies to stand for election as

galleries. Members from the media are also reminded to observe Rule 3 of the Broadcasting Rules in the First Schedule to the Standing Orders. For the avoidance of doubt, the said rule provides as

follows:

“Wide angle shots of the Chamber shall be used during voting and Division and no shot shall be taken so as to show the manner in which a Member has voted in any secret ballot.” Having explained the voting procedure, I now wish to direct the Chief Serjeant-at-Arms to open the ballot box and display it to Hon. Members.

On a point of order.

Thank you, the Ag. Clerk of the National Assembly. Since this is the first time we are interacting with the Table, we want to thank you for preparing this House elaborately to accommodate all of us.

I have a fundamental constitutional issue to raise. Members who have been here before and those joining us for the first time, this is a debating Chamber and we will be here for five years. And so all issues that need to be addressed and which the nation needs to know should be addressed. That is why we are here. We took oath to present these issues.

I rise to raise a fundamental constitutional issue on whether Hon. Sen. Moses Wetang’ula…

I am sure that when Members keep quiet and listen, they will be able to follow what I am saying and respond. All the issues can be responded to in a civilised manner. I raise the issue of whether that candidate is eligible to run for Speaker. Article 103 of the Constitution, as read with Article 106, provides that a person is qualified if that person is not a Member of this House and if he is a Member of the other House, he is qualified when he has submitted his resignation to the Speaker.

Thank you, Ag. Clerk. Let me just begin by thanking Hon. T.J. Kajwang’ for that point of order. I would like to beg the 13th Parliament that we allow each other time to be heard because Hon. T.J. Kajwang’ has a right to raise whatever

issue he wants to raise and we all have a right to respond. Eventually, the Presiding Officer will make a determination.

Allow me to just go straight to some of the issues that Hon. T.J. Kajwang’ has raised. It is indeed true that one can only be elected as Speaker if one is not a sitting Member of Parliament, and that includes Members of Senate. It is also true what Hon. T.J. Kajwang’ alleges – that, Hon. Senator Wetang’ula resigned on the 9th of August. It is indeed preposterous for Hon. T.J. Kajwang’ to make an allegation in this House that he cannot substantiate by way of probably tabling a copy of the letter that he purports Hon. Senator Wetang’ula resigned on the 9th of August.

It is also in my knowledge, Ag. Clerk, that Hon. Moses Wetang’ula indeed resigned two days after the gazettement of Senators by the Independent Electoral and Boundaries Commission (IEBC) in the Kenya Gazette. Those are facts and I want to believe, Madam Ag. Clerk, that in your office you have a copy of that letter which the Hon. T.J. Kajwang’ does not have. What he is purporting here can only be equated to what they said was opaque.

Madam Ag. Clerk, when the Constitution that Hon. T.J. Kajwang’ is quoting says that the term of the 12th Parliament ended on the 8th of August, it is true it ended for Hon. T.J. Kajwang’, myself and Hon. Senator Wetang’ula, who was a Senator in the 12th Parliament. However, the Office of the Speaker exists in perpetuity until another Speaker is elected. As we speak, Speaker

Mine is a different issue. The Ag. Clerk of the National Assembly

: It is not on the election of the Speaker?

No, it is not. The Ag. Clerk of the National Assembly

: Okay. Let us hear Hon. Duale.

Hon. Madam Acting Clerk and the Returning Officer, first, I want to ask the House that it is great to welcome the new Members and everybody in the 13th Parliament.

I really want us to listen to each other and then at the end of the day we will vote. Hon. T.J. Kajwang’ raised two issues and Hon. Ichung’wah answered one issue. Madam Acting Clerk, I want to refer you to Article 74 of the Constitution that says “Before assuming a State Office or

acting in a State office, or performing any function of a state office, a person shall take and subscribe to the oath of affirmation of office in a manner and form prescribed by the Third Schedule of the relevant Act of Parliament.

Madam Acting Clerk and the Presiding Officer for this afternoon, until this morning, before I took an Oath as the Member for Garissa Township, I was not a State Officer. Consequently, Hon. Moses Masika Wetang’ula ceased to be the Senator for Bungoma on 9th August 2022. From the 9th of August to this afternoon, Hon. Moses Masika, even before he submitted his resignation, was a Senator-elect and so is not a State Officer. In fact, my submission to you is that, based on Article 74 of the Constitution, you become a State Officer after taking an oath of affirmation. Hon. Moses Wetang’ula, Senator-elect, was not under any legal or constitutional obligation to even resign. Resign from what? He is not a State Officer, based on Article 74 of the Constitution.

Secondly, Hon. T.J. has raised an adverse Report of this House - a resolution of this House that indicted the Senator-elect, the candidate of this afternoon. Hon. Madam Acting Clerk, I want to prove to you that I had the priviledge of being a Member of that 10th Parliament, in which Hon.

Thank you very much Madam Presiding Officer.

Let us vote!

Thank you very much, the Ag. Clerk of the National Assembly. I would just like to say that I believe in the freedom of speech. I want to rise pursuant to Standing Order No.83 as read together with Standing Order No.107. I am very surprised that you have been allowing people who have been in this House for some time to just rise on points of order without basing it on any particular order. A good example is my very good friend Hon. Mbadi, whom I respect a lot. He did not rise on any point of order. There is no debate or Bill in the House.

I would like to say this: As the Ag. Clerk of the National Assembly, you have issued a statement. My very good friend Hon. T. J Kajwang’, who is a lawyer like myself, knows that once you have issued a statement, it is either factual in accordance with the Standing Orders of this

House and the Constitution and if not, then he needs to give further information. He cannot bring third-rate hearsay into this House to challenge your statement. Your statement cannot be challenged on the basis of what somebody has heard. They must produce documentary evidence to countenance your statement. In the absence of that, you should rule everybody out of order.

According to Standing Order No.107, a Member commits an act of disorderly conduct if he deliberately gives false information to the House. We were told that Senator Moses Wetang’ula resigned on the 9th of August, but that information has not been given to us here and you just allowed that Member to sit. He is a very senior member of the Bar and I have a lot of respect for him.

Let us vote! Tupige kura!

Kura tutapiga wewe. We are going to vote. My submission is that in the absence of any documentary evidence contrary to your statement, I submit that we vote.

Thank you.

particular candidate is qualified to be elected as a Member of Parliament under Article 99 of the Constitution. In a letter dated 6th September 2022, the IEBC wrote back to me confirming that pursuant to Article 99 of the Constitution and Section 24 of the Elections Act No.24 of 2011, Moses Masika Wetang’ula is a registered voter No.00105121119094511 in Kabuchai Constituency. The IEBC indicated that he is duly qualified to contest for election as Speaker of the National Assembly.

Hon. Members, as you all know, the IEBC is a body established by Article 88 of the Constitution of Kenya and charged with the registration of voters and candidates for elections. The determination by the Commission is formally on record in my office.

Secondly, allow me to draw your attention to Article 74 of the Constitution, which Hon. Duale has made reference to and which provides that before assuming a State office, acting in a State office or performing any functions of a State office, a person shall take and subscribe the oath or affirmation of office, in the manner and form prescribed by the Third Schedule or under an Act of Parliament. It should also be noted that the Third Schedule to the Constitution sets out various forms of national oaths or affirmation for State officers, including the one for Members of Parliament.

Hon. Members, taking a comparative glance at jurisdictions elsewhere in the world, I would like to quote the United Kingdom:

“A Member of Parliament is not deemed to be a Member until that person has taken the required oath of office”. In the United Kingdom, Members of both Houses of Parliament are required by law to take an oath of allegiance to the crowd and MPs cannot take their seats, speak in debates or vote, or receive a salary until they have taken oath or affirmation. In fact, in the United Kingdom, your seat could be declared vacant if you make such a mistake. In the United States of America (USA), the Constitution also requires Members of Congress to take and to be bound by an oath of office or affirmation as such. Members usually take the oath before they have assumed office.

In view of the aforestated provisions of Article 74 of the Constitution, it is clear that a person who has been elected to serve as a Member of Parliament retains his status as a member of the public until they assume office as a Member of Parliament by taking or subscribing to the oath or affirmation of a Member of Parliament as set out in the Third Schedule to the Constitution.

have satisfied myself that Hon. Moses Masika Wetang’ula is qualified for election as a Speaker of the National Assembly.

The House is accordingly guided.

We were not heard on the matter and yet I had raised an objection on it.

The Ag. Clerk of the National Assembly

: Hon. Members, the Member has not cast this ballot.

The Member has clearly marked a box. He has not marked two boxes.

The Ag. Clerk of the National Assembly

: Since he has not cast the vote and he has made a request, he should vote.

The Standing Orders say if a ballot is in error, you have to prove that it is in error. Look at that Standing Order. I am doing my work as an agent. You have to show that the ballot is in error.

The Ag. Clerk of the National Assembly

: Hon. Members, to the best of my knowledge, you vote by will. You vote for whom you desire to vote for. So I will allow the Member to pick another ballot and vote according to his will. I will allow the guy to vote according to his will.

Has that ballot been registered as a spoilt ballot, so that the Member is not entitled to another ballot? If you have spoilt your ballot paper, you cannot be issued with another one.

As earlier mentioned, Standing Order 71 provides that “A person shall not be elected as Speaker unless supported in a ballot by the votes of two-thirds of all the Members.” That is, unless supported, in our case, by the votes of 233 Members.

Hon. Members, it is clear from these results that none of the candidates has met the threshold required under Standing Order 71 to secure the first round of the win. The results I have

with me are as follows:

Weta! Weta! Weta!

The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members, please, take your seats.

Having declared Hon. Moses Masika Wetang’ula elected as the Speaker of the National Assembly of the 13th Parliament, I now direct the Chief Serjeant-at-Arms to search for the said Moses Masika Wetang’ula, identify and present him before me here in the assembled House so that he may take and subscribe to the Oath of Office of a Speaker in accordance with the Constitution.

Chief Serjeant-at-arms, proceed.

Thank you.

Order, Hon. Members. Order. Hon. Members, the Ag. Clerk of the National Assembly, distinguished guests, ladies and gentlemen, I wish to express my heartfelt gratitude to the Hon. Members here assembled for the high honour that you have bestowed upon me by electing me as the Speaker of this august House.

This increase is a significant step towards achieving the aspiration of gender parity in representation as desired by our Constitution. I wish to single out Hon. Millie Odhiambo, who is now serving her fourth consecutive term. I salute you, Member for Suba North, for your resilience and continued service to our nation. Particular mention also goes out to Hon. Linet ‘Toto’ Chepkorir, Member for Bomet County, who at the age of 24 is the youngest Member of the 13th Parliament. Mheshimiwa, you are a great inspiration to youthful leaders of this country and we wish you well.

I am also reminded of the premium that our society now places on the leadership qualities of persons with disabilities (PWDs) when I see seated in this chamber Hon. Timothy Wanyonyi Wetang’ula, my younger sibling and a leader in his own right. He now commences his third consecutive term as a Member of Parliament. He is ably joined by Hon. Rose Museo, serving her third term; Hon. Joseph Samal Lomwa, who was here before and has come back for a second term; Hon. Jackson Kipkemoi Kosgei and Hon. Martin Pepela Wanyonyi. You are a great inspiration and a beacon of inclusive leadership in our great country despite the odds.

Hon. Members, I also do recognise and acknowledge Hon. Samuel Moroto, Hon. Adan Keynan and Hon. Gonzi Rai, who are currently embarking on their fifth terms, thus becoming what we refer to in parliamentary parlance as the ‘fathers of the House’. Their parliamentary experience shall enrich deliberations and output of this House.

Hon. Members, for those who served in the 12th Parliament, you will recall that the Standing Orders were reviewed before the final adjournment of the House. Notably, the Standing Orders now allow for co-sponsorship of legislative proposals and Bills by Members. Members of this House shall also be able to co-sponsor Bills with senators and vice versa, where an identified Member shall be in charge of steering debate on a Senate Bill in this House. This, in my view, is a progressive addition to the procedures of the House.

Hon. Members, the revision of the Standing Orders in the 12th Parliament also increased the number of the Committees of the House. New Committees include the Diaspora Affairs and Migrant Workers Committee, the Public Petition Committee, the Public Debt and Privatisation Committee and the Decentralised Funds Accounts Committee. These changes and many others to the Standing Orders shall strengthen and streamline the workings of Parliament. My predecessor, Hon. Justin Muturi, in his acceptance speech after being reelected as Speaker for the 12th Parliament, undertook to implement a paperless system in the House. This was in line with the Strategic Pillar Four of the Parliamentary Service Commission Strategic Plan, 2019-2030, on the implementation of an e-Parliament by automating and digitising all systems and processes. In this regard, I urge you all to be friends with electronic gadgets in this House and in the committees.

Speaking of Hon. Justin Muturi, what many of you may not know is that he is not just my predecessor, he was my roommate at the University of Nairobi, at the School of Law. He was also my classmate. He is my age mate and a long-time friend. We made our debut in the 7th Parliament together. We were appointed earlier in our years as magistrates on the same date. Indeed, I do not know whether to call it fate, sheer coincidence or maybe it is God’s plan, but whatever it is, our paths in life have always met, and today, they meet again. Although once in a while we have found ourselves in different political sides, our friendship with Hon. Muturi goes back many years. I am, therefore, honoured today to take over from my dear friend.

Hon. Members, Hon. Justin Muturi shall be remembered for the great legacy and reforms he leaves behind and you do not have to look further, just look around. Members who have previously served in this House can attest to this. Members of the 13th Parliament shall move into the new modern offices in the tall brown building you may have seen at the corner of the

Parliamentary Square. A project that was well executed under Hon. Muturi’s leadership. As the Chairperson of the Parliamentary Service Commission (PSC), he has left behind an excellent and professional PSC. His communications and rulings on various constitutional practices and procedural matters were landmark, novel and rich in jurisprudence. I could go on and on, but all I can say is that he did a great job for this House and this country.

bounds of our Constitution and our governing statutes. In the exercise of our oversight function over State offices and public bodies, I will strive to ensure that all material information necessary for the work of Parliament is availed in a timely fashion by the persons in the national Executive ultimately responsible to this House. I shall strictly enforce the requirement enshrined under Article 153(3) and (4) of the Constitution 2010 which requires cabinet secretaries to attend before the committee of the House to exhaustively answer questions and give full and regular reports on matters under their control.

Indeed, as some of you may be aware, I served in this House as a Member from the 7th Parliament, and I, therefore, fully understand what it is to be one of you. I have also been a Senator, and hence fully understand what it is to be a sibling. I have served in the Executive as a minister and assistant minister in different portfolios. I have led various reforms, to the rules of procedure of this House, during the 7th Parliament, and was the head of the delegation of the African, Caribbean and Pacific European Union (ACPEU) joint assemblies, and internationally, I will continue building on the long and rich relationship we have, not just with the ACPEU, but also the East African Legislative Assembly (EALA), the Pan African Parliament, regional integration bodies, the Commonwealth Parliamentary Association, and the International Parliamentary Union.

Hon. Members, it will suffice to mention that the Standing Orders you enjoy using today with the Committee system were drafted by yours truly, the late Hon. Bonaya Godana, Hon. Julius Sunkuli – whom I believe has been re-elected to this House – and Hon. Bishop Kimani, the then Member of Parliament from Nakuru.

Hon Members, I have worn many hats, but one of the greatest leadership lessons I carry with me to date is that a leader is a servant of the people. I live by the great words of the 22nd and 24th President of the United States of America (USA), Stephen Grover Cleveland, who served between 1885 to 1889 and 1893 to 1897. He once said, “Officeholders are the agents of the people not their masters”. These words always ring true to me and hence moving on, I will be your servant and your agent. My eyes shall be keen to see and listen to all of you. My office will not be an ivory tower; it will be accessible to all of you. I undertake to be impartial and promise to see to it that you are able to effectively discharge your constitutional mandate. I am fully confident of building on the past successes of this House and charting new paths that will lead us to more glory, and maintain this House as the pride of all Kenyans.

Hon. Members, I wish to inform you that the National Assembly has organised an induction retreat for all Members of this House which will take place from 18th to 24th September, 2022, at a venue to be communicated in due course. This retreat will be a great opportunity for you to thoroughly acquaint yourselves with your mandate, parliamentary processes, the secrets and tools that will give you a head-start in serving your electorate. I encourage you to attend all the sessions.

Hon. Members, I wish to commend the acting Clerk of the National Assembly and her able team of officers for the successful conduct of the pre-swearing-in orientation last month. The Ag. Clerk has informed me that more than 95 per cent of the Members turned up for this exercise. This is a clear sign of your passion to discharge your constitutional mandate, and I encourage all of you to maintain that enthusiasm to serve our people.

Hon. Members, as I conclude, I unequivocally submit myself to the collective will of this House and reiterate my singular desire to serve with impartiality, fidelity to the Constitution and the Laws of this land; our Standing Orders, practices, precedence and traditions of this House.

I thank you all. God bless Kenya, God Bless our Parliament.

Hon. Members, I now direct the Clerk to read the next Order and proceed with the steps necessary for the election of the Deputy Speaker.

Thank you.

Further, Hon. Speaker, I wish to notify the House that I received a letter from the Hon. Dr. Otiende Amollo dated 7th September, 2022, conveying the withdrawal of his candidature for election as the Deputy Speaker of the National Assembly. Pursuant to the provisions of Article 106 of the Constitution and Standing Order No. 5 of the National Assembly’s’ Standing Orders, the three Members who returned their nomination papers qualified as candidates for election to the office of the Deputy Speaker of the National Assembly are the Hon. Farah Maalim, the Hon. Gladys Jepkosgei Boss, and the Hon. George Peter Opondo Kaluma.

Accordingly, Hon. Speaker, I published and made available to all Hon. Members the list showing the three Members who qualified as candidates for election as the Deputy Speaker of the National Assembly in the ballot to be conducted during the third business of the First Sitting of the House.

Hon. Speaker, I wish also to notify the House that, I have since received a letter from the Hon. George Peter Opondo Kaluma dated today, 8th September, 2022, conveying the withdrawal of his candidature for election as Deputy Speaker of the National Assembly. The decision, therefore, compels me to invoke the provisions of Standing Order No. 8 on withdrawal of a candidate. It provides that:

“A candidate may, by written notice to the Clerk, withdraw his or her name before a ballot is started, and in the event of such withdrawal, the Clerk shall cross- out the name of that candidate off any ballot papers issued for that or any subsequent ballot.” Accordingly, Hon. Speaker, I would therefore like to request that the name of the Hon. George Peter Opondo Kaluma be crossed-out before the issuance of the ballot papers for the election.

The provisions of Standing Order No. 13(3) provide as follows: “The procedure of electing a Deputy Speaker, shall with necessary modifications, be the same as that prescribed for the election of the Speaker.” Hon. Speaker, for the record, Standing Order No. 6 provides as follows with regard to the voting procedure where more than one candidate qualifies to stand for election as Speaker.

“(1) The election of Speaker shall be by secret ballot.

in the presence of all Members and Members appointed as agents or representatives by the candidates. Each candidate is allowed a maximum of one agent for purposes of the ballot.

Hon. Speaker, in line with the requirements of Standing Order No.7(1), a person shall not be elected as Deputy Speaker unless he or she is supported in the ballot by the votes of two-thirds of all Members during the first round. I would like to remind the House that this two-thirds threshold is not a constitutional requirement, as I had said earlier, and it was never the intention of the framers of the Constitution to say that it has to be two-thirds. Otherwise, it should have been clearly stated. It is a procedural step to ease the election of a Deputy Speaker in the first round of the ballot. Therefore, pursuant to provisions of Standing Order No.7 (2), in the event that no candidate is supported by the votes of two-thirds of all the Members after the first round of voting, the candidate who receives the highest number of votes, and the candidate who receives the next highest number of votes shall alone stand for election in the second round. The candidate who receives the highest number of votes in the second round shall stand elected as Deputy Speaker.

Hon. Speaker, I wish to remind the House that this particular voting is by secret ballot. Members are not allowed to display their marked ballots to the House, the galleries or any other person. If it is brought to the attention of the Returning Officer that a Member has displayed his or her ballot paper, it will be considered a spoilt vote.

Members of the media fraternity are also reminded to observe Rule 3(c) of the Broadcasting Rules, which provides that wide shots of the Chamber shall be used during voting and division and no shot shall be taken so as to show the manner in which a Member has voted in any secret ballot.

Hon. Members, we have set the voting booths next to the Dispatch Table. There are four voting booths on each side of the Table. Members on the right side of the Speaker will cast their ballot in the voting booth on that side of the Table, and vice versa.

Having explained the voting procedure, I now wish to ask the Chief Serjeant-at-Arms to go forward to open the ballot box and display it to Hon. Members.

(The Chief Serjeant-at-Arms opened the ballot box and displayed it to Members) Hon. Members, you have witnessed for yourselves that the ballot boxes are empty. I will now request the Chief Serjeant-at-Arms to close and lock the ballot boxes.

(The Chief Serjeant-at-Arms closed the ballot box) After the ballot boxes are closed and locked, the next step before we start to call out the names of the Members to come and vote is for the candidates to appoint agents. I will start with the first candidate who is Hon. Farah Maalim. Mheshimiwa, do you have an agent? Alright, I see Hon. T.J. Kajwang. I now move to Hon. Gladys Jepkosgei Boss. I see Hon. (Dr.) Robert Pukose and the agents have already stepped forward.

Hon. Speaker, I now ask my officers to prepare to call out the names of Hon. Members in the order I stated earlier. When the name of an Hon. Member is called, please make your way forward and pick your ballot paper and vote. We will accord priority to the three senior Members of the House and Members with disabilities. Voting will start now.

Order, Hon. Members. The Clerks-at-the-Table are requesting, and I direct, that you remain in your seats if you have not been called. That is so that we do not have too much crowding at the voting table. If you have not been called, resume your seats and wait for your name to be called. Then, you can come and cast your ballot.

The Ag. Clerk of the National Assembly

: Hon. Speaker, it appears to me that the last ballot has been cast; however, before proceeding to count the ballots, if there is any Member who has not voted, he or she may now step forward and vote.

Fine. Proceed and vote. Is there any other Member?

There are. Okay. Hon. Members, is there any other Member who has not voted? There is none. I would now want to request the two agents for each of the candidates to come forward so that they can witness the counting of the votes. I see they are there. I now order, with the permission of the Speaker, that the ballot boxes be unlocked for examination of the ballot papers.

I also ask that each of the ballot papers be examined. Officers, please proceed to count and tally the votes.

Order, Hon. Members! Order! Resume your seats please. Those standing in the aisle take your seats so that the Clerk, who is the returning officer of this election, can announce the results.

The Ag. Clerk of the National Assembly

: Hon. Speaker, having concluded the counting and tallying, I now wish to report the results of the ballot as follows.

Total valid cast votes Spoilt ballots Abstention Total cast votes

Hon. Members, the Clerk having announced the final results of the votes I declare Hon. Gladys Jepkosgei Boss…

Sorry for the incisive enthusiasm. The Ag. Clerk of the National Assembly

: Hon. Speaker, as per the results of the vote, no candidate has received the votes of two-thirds of all Members, as required under Standing Order No.71 as read together with Standing Order No.13

(3)

. We shall, therefore, proceed to conduct a second round of election in order to determine the winner.

On a point of order, Hon. Speaker.

There is a point of order from the distinguished Member, Hon. Farah.

Hon. Speaker, to begin with, I want to congratulate you for having being elected as the Speaker of the 13th Parliament – National Assembly. Secondly, I want to thank all the Members who have participated in this election. They also had the honor and trust of their own electorates so as to become Members of this 13th National Assembly. Thirdly, I also want to congratulate my worthy opponent, Hon. Gladys Boss Shollei, who is a very good friend.

This reminds me of exactly 15 years ago in this Parliament, where you were also a Member. A similar situation happened and at that time, Gitobu Imanyara was my opponent. I want to do what is noble and good. I have conceded defeat in this case.

So, Hon. Speaker you can proceed and declare Hon. Gladys Boss Shollei as the duly elected Deputy Speaker of the 13th Parliament.

Thank you.

Thank you. Hon. Members, we must salute the magnanimity and sportsmanship spirit of Hon. Farah Maalim. Congratulations Hon. Farah, you have served this House before in the capacity you were seeking to serve again.

Hon. Members, the Clerk having announced the final results of the votes, I therefore declare Hon. Gladys Jepkosgei Boss, Woman Representative for Uasin Gishu County, duly elected as the Deputy Speaker of the National Assembly in the 13th Parliament.

I am advised that your journey must start from the Bar. So we may have to repeat that.

30 p.m., the House stands adjourned until a date to be notified later.

House rose at 10:36 p.m.