Hon. Members, we shall shortly proceed to issue ballot papers to you, which will be issued by officers to each Member in the manner I will guide. When your name is called, you will receive one ballot paper at the Table and proceed to the voting booth. Mark your ballot paper and proceed to cast your vote. For clarity, a Member who wishes to vote shall mark his or her ballot paper by placing a visible mark in the box provided for beside the name of the preferred candidate as a Member wishes to vote for. Thereafter, the Member should fold the marked ballot paper before leaving the booth and deposit the folded ballot paper in the ballot box. A Member, who in the process of voting has marked his or her paper in error, may by returning it to the Clerk, obtain another ballot paper in its place. The initial ballot paper marked in error shall be marked cancelled and destroyed by the Clerk. Hon. Members, when it appears to the Clerk that all Members present in the House and who wish to vote have voted and deposited their ballot papers in the ballot box, the Clerk shall unlock the box, examine the ballot papers, and having rejected those unmarked or spoilt, report to the House the result of the ballot. May I also notify you that after the Clerk has unlocked the ballot box, a Member who has not already recorded his or her vote, shall not be entitled to do so. The verification and counting of ballots shall take place in the presence of Members appointed as agents or representatives by the candidates. For clarity, each candidate is allowed a maximum of one agent or representative, for the purpose of the ballot. In line with the requirements of Standing Order 7 (1), a person shall not be elected as Speaker unless supported by votes of two-thirds of all Hon. Members. The House is reminded that this two-thirds threshold is not a constitutional requirement but a procedural step to ease election of a Speaker on the first round of the ballot. The procedural threshold applies only to the first round of voting and does not affect the quorum required for the commencement and continuation of the sitting and the election. Hon. Members, pursuant to the provisions of Standing Order 7 (2), in the event that no candidate is supported by the votes of the two-thirds of all Members at 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 next round. The candidate who receives the highest number of votes in the second round, shall stand elected Speaker. We have arranged the voting booths next to the dispatch table. There are two booths on each side of the table. Members on my righthand side will cast their ballots in the voting booths placed on their side of the table and vice versa for Members on my left. Before the House proceeds to vote, 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 or the

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. (The Serjeant-at-Arms opened and displayed the empty ballot box to Hon. Members) Hon. Members, you have witnessed for yourselves that the ballot box is empty. I now direct the Serjeant-at-Arms to close and lock the ballot box. (The Serjeant-at Arms sealed the ballot box) The next step before we start to call out names of Members to come and vote is to enquire of the House of any Member designated by the candidates as their agent or representative, which is strictly one agent or representative per candidate. If any, I request them to step forward and approach the Table, so that we can proceed. I request them to step forward and approach the Table so that we can proceed. Who is the agent for Hon. Marende? Okay, it is Hon. T.J. Kajwang’. And who is the agent for Hon. Wetang’ula? It is Hon. (Dr.) Pukose.

On a point of order. Hon. Members, please be seated so that I can guide the House. Take your seats. I want to guide the House. I will allow a few interventions from Members before we proceed to the ballot. I will now allow the Hon. T.J. Kajwang’ to raise his 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. Just give me time. You are an old man. Do not say so. Use parliamentary words. I have been able to check and candidate number 4 on the list is actually an elected Senator of the other House. If he is an elected Member of the other House, he ought to have presented his resignation to the Speaker. I have learnt, reliably, that that person presented his resignation letter allegedly to the Speaker of that House on 9th August 2022. Allow me to make my point. Order! Order! Order! I am explaining myself, please. The Speaker to whom he allegedly delivered his resignation letter was already an elected Governor. Article 102 of the Constitution says the term of Parliament expires on the date of a general election. The terms of this House and the other House expired on 8th August 2022, not on 9th August 2022. The term of the Speaker of that House expired at the time when he was elected as Governor. It means that on 9th August 2022, there was no Speaker to whom the candidate would have given his resignation letter. The fact of the matter is that if you have an office without a substantive holder thereof, then that office is ‘no office’. I am reliably informed that he tendered his resignation to an office without a substantive holder. He submitted his resignation to no Speaker. This is an issue which is not only important to us but also to all other candidates, some of whom are not in this House, and have a valid responsibility to ask. The last point may draw a lot of protest from somebody who does not like my thinking. In this House, we must not like each other’s thinking. There is a valid resolution in this House which is on record saying that that particular person is not eligible to hold a public office in Kenya. This is a House of records. There is a resolution passed by this House and implementable by this House to the effect that the person should not hold a public office because of matters concerning integrity. So, on both grounds, I ask you, Madam Returning Officer, to find that one Moses Wetang’ula is not eligible to be a candidate for election as Speaker of this House. I thank you very much. The Ag. Clerk of the National Assembly (Ms Serah Kioko): Hon. Members, I will now allow Hon. Ichung’wah to raise his point of order.

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 (Ms Serah Kioko) : It is not on the election of the Speaker?

No, it is not. The Ag. Clerk of the National Assembly (Ms Serah Kioko) : Okay. Let us hear Hon. Duale. (Members consulted loudly)

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. Okay then. I will allow Hon. Mbadi. Please, let me give Hon. Mbadi a chance.

Thank you very much Madam Presiding Officer. She is presiding over the election. She may be the returning officer. I do not know whether she was gazetted or she gazetted herself. I want to take this opportunity to congratulate all Members who have made it to the 13th Parliament. I know it was not easy. Having said that, allow me just to say one thing. Even if this matter will not be resolved today and we proceed to vote, it is something that the people of Kenya need to look into. At what point would an elected Member be considered a Member of Parliament? That is your opinion! Let me give mine. I am intelligent enough. Assuming office is not the same thing as being elected. The moment the returning officer in your electoral area pronounces you as elected, it is only a court of law which can reverse that decision, whether you take the oath of office or you do not. Once you have been elected, pronounced as such, and gazetted in the Kenya Gazette as a Senator, you become a Senator-elect whether the word ‘elect’ comes after your name or after the word ‘Senator’. You are a Senator. This is a matter that cannot be wished away. In fact, I think we the people of Kenya made a mistake when we passed this Constitution. There is a law. Just a minute! When you look at the Constitution, it says, no one can be a Member of Parliament if they are State officers. It goes ahead to exempt serving Members of Parliament from running. The same should have happened. I do not see why a sitting Member of National Assembly cannot run for the office of the Speaker and resign after being elected. That is what happened in 2008 when Kenneth Otiato Marende was the Member of Parliament for Emuhaya. So if something is wrong with our laws, we need to accept it. Let us not just take sides. You took an oath just a few minutes ago to protect this Constitution. There is a problem in the Constitution and we need to fix it. As it is today, there are grey areas and, therefore, whether you let Hon. Moses Wetang’ula to run or not, the people of Kenya will have to deal with the elephant in the room, that there is a problem with that provision of the law requiring even sitting Members of Parliament to resign before they become the Speaker of either Houses of Parliament. I submit my case.

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. The Ag. Clerk of the National Assembly (Ms Serah Kioko): Hon. Members, I would like to respond to the issues that have been raised. Members if you could be silent, I would respond on the matters that have been raised concerning one of the candidates in this election. I want to respond as follows, especially on the matters that have been raised by Hon. T.J Kajwang’. He has asked a question about a person who is elected as a Member of Parliament and in this case a Senator and whether this Senator is eligible for election as a Speaker. I have also listened to the various submissions on the matter by the Members who have spoken from both sides of the House. I have also looked at the relevant provisions of the Constitution and the law and I now wish to communicate my findings on this matter. Hon. Members, Article 106(1)(a) of the Constitution provides that there shall be a Speaker of each Parliament, who shall be elected by the House in accordance with the Standing Orders from among persons who are qualified to be elected Members of Parliament but are not such Members. The relevant qualification for election as a Member of Parliament is set out in Article 99(1)(a) and (b) of the Constitution, that is, that the person is registered as a voter and also has satisfied any educational, moral and ethical requirements prescribed by the Constitution or by an Act of Parliament. Additionally, Article 99(2) provides that a person is disqualified from being elected a Member of Parliament if that person is a State officer or other public officer other than a Member of Parliament; has at any time within the five years immediately preceding the date of election held office as a member of the Independent Electoral and Boundaries Commission (IEBC); has not been a citizen of Kenya for at least 10 years immediately preceding the date of the election; is a member of a county assembly; is of unsound mind; is an undischarged bankrupt; is subject to a sentence of imprisonment of at least six months as at the date of registration as a candidate, or at the date of election; or is found in accordance with any law, to have misused or abused a State or public office, or in any way to have contravened the provisions of Chapter Six of the Constitution. Hon. Members, let me just go through my findings. The first thing I would want to say about the issues that have been raised by Members is that, on 5th September 2022, after the candidate in question submitted his nomination papers, pursuant to Standing Order No.5 of the National Assembly Standing Orders, I wrote to the IEBC seeking confirmation as to whether this

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. Let me finish. Lastly, in any event, even if we were to overlook the provisions of Article 74 of the Constitution relating to the assumption of office, as I have enumerated, and argued that there was need for the Senator to resign from office, may I now confirm that I am in receipt of a letter dated 29th August 2022 written by Hon. Moses Masika Wetang’ula addressed to the Speaker of the Senate in which he communicated in writing to the Speaker of the Senate his decision to resign from his position as Senator-elect for Bungoma. This letter is addressed to the Office of the Speaker of the Senate, which by virtue of the provisions of Article 106(1)(2), only became vacant when the new Senate first met today. The spirit of the Constitution expounds under Article 103(1)(c) that the seat automatically becomes vacant upon receipt of the resignation letter and there is no corresponding obligation imposed on the Speaker to accept or decline the resignation. Therefore, Hon. Members, in the present circumstances and guided by the provisions of Article 74 of the Constitution, and the letters from the IEBC and from Hon. Moses Wetang’ula, I

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. Hon. Members, I would like us to now proceed with the process of voting. I now invite the Deputy Clerk to call out the names. After your name is called, you will be issued with a ballot paper, and we shall proceed with voting. The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members, I will allow the clerks to take the ballot papers to the Members with disabilities. They are: Hon. Lomwa Joseph Samal, Hon. Masara Peter Francis, Hon. Kosgei Jackson and Hon. Mumo Rose Museu. (Voting in progress) The Ag. Clerk of the National Assembly (Ms Serah Kioko): Hon. Members, a Member has asked a question. He has raised concerns about how to mark the ballot paper. I want to give you guidance. Standing Order No. 6 provides that you are supposed to mark the ballot paper by placing a mark in the space which is opposite the name of the candidate. I urge Members to put a tick or an X. Any other mark is sufficient because you will not be disqualified. Put the mark in the place which is provided for you to mark. I appreciate a tick or an X, but any other mark is acceptable. (Voting in progress) Hon. Members, please, those who have voted should clear from the voting area so as to allow other Members to vote. Hon. Members, once you have voted, please, clear from the voting area so as to allow other Members to vote. Thank you. (Voting in progress) Hon. Members, we are almost coming to the conclusion of voting, but before we do that, I have received a request from the Member for Gatanga, Hon. Muriu Wakili. He has indicated to me that he has spoilt his ballot. I will indulge him and he will be issued with another ballot. I have the ballot that he had already marked and I will proceed to cancel it now. I have cancelled and destroyed it.

We were not heard on the matter and yet I had raised an objection on it. The Ag. Clerk of the National Assembly (Ms Serah Kioko) : 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 (Ms Serah Kioko) : 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 (Ms Serah Kioko) : 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. The Acting Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members, is there any other Member who has not voted and would like to vote? So, Hon. Members, it appears to me that the last ballot has been cast; however, if there is any Member who has not voted, he or she may now step forward and vote. Is there any? Okay, there is none. So Hon. Members, pursuant to Standing Order 6 (6), it does appear to me that every Member present who wishes to vote has voted. Now, therefore, I invite the two agents, one for each candidate, to come forward and witness the counting. I see the agents have stepped forward. I now order that the ballot boxes be unlocked for examination of the ballot papers. I further direct that each ballot paper be examined once the boxes are opened. Officer, please, proceed to count and tally the votes. (Vote counting in progress) The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Order, Hon. Members. Please take your seats. The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Hon. Members, please, take your seats so that I can guide the House on the next course of action.

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. (Hon. Moses Wetang’ula was presented to the Ag. Clerk by the Chief Serjeant-at-Arms) The Ag. Clerk of the National Assembly (Ms. Serah Kioko): Congratulations, Mheshimiwa.

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. I accept and submit to your will and I am ready to serve as the eighth Speaker of the National Assembly since our Independence. I commend all the citizens who expressed interest in becoming your Speaker, by formally returning their nomination papers, and laud the efforts of my worthy opponent in today’s election, Hon. Kenneth Otiato Marende, who also happens to be one of my distinguished predecessors having served as the sixth Speaker. My other distinguished predecessors include Sir Humphrey Slade, Hon. Fredrick Mbiti Gideon Mati, Hon. Moses Kiprono arap Keino, Hon. (Prof) Kimetet arap Ng’eno, Hon. Kausai Francis Xavier ole Kaparo, and my immediate predecessor, Hon. Justin Bedan Njoka Muturi. I am eternally humbled and extremely privileged to now occupy this hallowed seat. Hon. Members, when I look at you and visualise the gruelling campaigns you have all undergone, I must say that I am proud of all of you for ultimately making it to this House, a dream for everybody. I commend you. I am delighted to note that over 55 per cent of Members of the last Parliament have been re-elected. Of this category, 24 served in previous Parliaments. Your re-election demonstrates the confidence that the citizenry has in the leaders that they elect to this House. Spurred by this, we should, therefore, be confident that if we are true to our Oaths or Affirmations of Office and responsive to the needs of our people, who are the sovereign, this will always be the people’s House. Allow me at this point to single out and congratulate part of the leadership of the last and previous Parliaments who have made it back to this House. They include Hon. Aden Duale, who was the Leader of the Majority Party in the 11th Parliament and the larger part of the 12th Parliament. My felicitations also go to Hon. John Mbadi, the immediate former Leader of the Minority Party and the former Deputy Leader of the Minority Party, Hon. Robert Mbui. Permit me to recognise Hon. Farah Maalim, who served as Deputy Speaker in the 10th Parliament. My congratulations also extend to Hon. Emmanuel Wangwe, the immediate former Whip of the Majority Party, Hon. Junet Mohammed, the immediate former Whip of the Minority Party, and Hon. Jessica Mbalu, a former member of the Presidium. I welcome you back to the service of this House. Hon. Members, the National Assembly of the 11th Parliament had 68 female Members. That number increased to 76 in the last Parliament. Today, the 13th Parliament has seen the number rise to 82, with 29 women having been elected to represent single-member constituencies.

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. Hon. Members, I am particularly honoured that for the first time in the history of Parliament, Hon. Justin Muturi has also set a precedent through a symbolic and formal handover process that you just witnessed when I was declared the Speaker. This is not only honourable, but it is an act that shall remind us for a long time of his great leadership style. The symbolic handover process by a speaker should, indeed, be part of the traditions of this House and it is a practice we should carry on. Having said this, join me now in applauding the former Speaker of this House, Hon. Justin Muturi. Thank you. Hon. Members, the author Gary Levy in the book Speakers of the Canadian House of Commons notes that presiding officers in the Commonwealth customary relinquish their rights to participate in debates. Put differently, despite the title, a speaker does not speak, but allows Members to speak, and presides over debates in the House. I am aware that the Constitution precludes the Speaker from voting on any Question proposed for decision in the House, but as your Speaker, I will let my work speak for me. In this 13th Parliament, I undertake to prioritise two key issues. These are: Enhancing public trust in this House and the institution of Parliament, and nurturing and upholding comity between our two Houses, and also between the National Assembly and other arms of Government, with particular attention to our Judiciary, which has often appealed for reasonable consideration by the legislature. Hon. Members, the Constitution states that the authority that has been a subject assigned to you and I under oath is a “public trust”. Hubert Humphrey Jr., the 38th Vice President of United States of America is quoted to have stated that “anyone who has ever been elected to public office understands that one commodity above all others, namely, the trust and confidence of the people is fundamental in maintaining a free and open political system.” In assuming our respective offices in this House, we are under a constitutional obligation to discharge our mandate in a manner befitting the offices that we have been entrusted to hold. As your Speaker, I undertake to strengthen public trust in the institution of Parliament. I will be keen to midwife through the PSC live broadcast of committee proceedings and the full operationalisation of Bunge TV channels to highlight the work done by this House and its Members. In addition to the live broadcast of chamber proceedings, I will support efforts to further actualise the provisions of Article 119 of the Constitution 2010 on petitions made to the House, by adequately facilitating the work of the new Public Petitions Committee. To my mind, ensuring meaningful access to the House will, like a transparent glass, make Parliament more visible, disrobed of the mystery that people might perceive of its processes. Hon. Members, my second assurance to this House is that I will actively maintain comity with other constitutional bodies, promote consultation and cultivate healthy relations within the

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. Hon. Members, when it appears to me that all Members who are present and who wish to vote have deposited their ballot papers in the ballot box, I shall unlock the box, examine the ballot papers and having rejected those unmarked or spoilt, report the result of the ballot. May I also notify Hon. Members that a Member who shall not already have recorded his or her vote after I have unlocked the ballot box shall not be entitled to do so. Counting of the ballots shall take place

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. (Voting in progress) The Ag. Clerk of the National Assembly (Ms. Serah Kioko) : 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. (A Member stepped forward) Fine. Proceed and vote. Is there any other Member? (Several Members stepped forward) 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. (The Clerks unlocked the ballot boxes and proceeded to count the votes) (Vote counting in progress)

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 (Ms. Serah Kioko) : Hon. Speaker, having concluded the counting and tallying, I now wish to report the results of the ballot as follows. (The Clerk opened the ballot box and counted the votes)

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… (Hon. Speaker consulted with the Clerk)

Sorry for the incisive enthusiasm. The Ag. Clerk of the National Assembly (Ms. Serah Kioko) : 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 now request two Hon. Members of this House to locate, identify, escort and introduce to me the Deputy Speaker elect so that she may take and subscribe to the Oath of Office of a Deputy Speaker here before me in the assembled House in accordance with the Constitution. (Hon. Gladys Boss was escorted to the Chair by Hon. Faith Gitau and Hon. Farah Maalim)

I am advised that your journey must start from the Bar. So we may have to repeat that. (The Speaker accordingly declared Hon. (Ms.) Gladys Shollei Boss elected Deputy Speaker of the National Assembly and administered the Oath to her accordingly) Congratulations. You may proceed and sign the Oath of Office. Order Hon. Members. You may resume your seats. We have now concluded the Business of the day. I wish to bring to your attention Standing Order 14(1), which states thus: “After taking and subscribing to the Oath or Affirmation of Office, under Standing Order 12 (Swearing-in of the Speaker), the Speaker shall notify the Members of the place, date and time of the opening of Parliament.” Further, Article 132 (1a) of the Constitution 2010 states as follows: “The President shall-

30 p.m., the House stands adjourned until a date to be notified later. House rose at 10:36 p.m.