Hansard Summary

The House Business Committee outlined upcoming legislative business and praised members for passing the Supplementary Appropriations Bill. Procedural motions were moved, notably the approval of a charter for the Kenya Medical Research Institute (KEMRI), emphasizing its strategic role in health research, vaccine development and alignment with national development priorities. The debate was largely constructive and procedural with no major conflict. Hon. Emmanuel Wangwe and Hon. Marianne Kitany both voiced strong support for amending the Special Economic Zones Act to attract private investment in Kenya's upstream, midstream and downstream oil sectors, emphasizing tax incentives and infrastructure needs. They highlighted the strategic importance of developing blocks T6 and T7 in Turkana, reducing reliance on imported oil, and the long‑term economic benefits despite high initial costs. MP John Waithaka called for an update on the murder investigation of 12‑year‑old Bridgit Njoki Wainaina, prompting the committee chair to promise a response within two weeks. Hon. David Gikaria and Hon. Abdul Haro debated the reliability of electricity in Kotulo, Mandera, with the committee outlining plans but the MP expressing dissatisfaction over recent outages and unconnected lines. The Deputy Speaker also welcomed a group of schoolchildren before proceeding to the Majority Leader’s statement.

Sentimental Analysis

Mixed

THE PARLIAMENT OF KENYA

NATIONAL ASSEMBLY

THE HANSARD

Thursday, 9th April 2026

[The Speaker (Hon. Moses Wetang’ula) in the Chair]
Hon. Speaker

Serjeant-at-Arms, ring the Quorum Bell.

We now have a quorum. Clerk-at-the-Table.

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

Thirteenth Report of the Public Investments Committee on Governance and Education on its examination of audited financial statements of various technical and vocational colleges and technical training institutes for the Financial Years 2021/2022, 2022/2023, 2023/2024 and 2024/2025.

Hon. Speaker

Chairperson of the Departmental Committee on Health, Dr Nyikal.

Hon. Ngogoyo, you are out of order. Is Dr Nyikal or his deputy present? Dr Nyikal, take the nearest microphone and lay your Paper or run to your seat as you sometimes do. Are you ready?

(Loud consultations)

COMMUNICATION FROM THE CHAIR

VISITING DELEGATION FROM VARIOUS PARLIAMENTS AND COUNTY ASSEMBLIES

(Applause)
(Applause)

NOTICE OF MOTION

ADOPTION OF REPORT ON AUDITED ACCOUNTS OF TECHNICAL AND VOCATIONAL COLLEGES AND TECHNICAL TRAINING INSTITUTES FOR FYS 2021/2022 TO 2024/2025

Hon. Speaker

The Chairperson, Public Investments Committee on Governance and Education.

Hon. Speaker, I beg to give notice of the following Motion:

THAT, this House adopts the Report of the Public Investments Committee on Governance and Education on its examination of audited financial statements of the following Technical and Vocational Colleges and Technical Training Institutes for the Financial Years 2021/2022, 2022/2023, 2023/2024 and 2024/2025, laid on the Table of the House on Thursday, 9th April 2026—

Hon. Speaker

Thank you. Next Order.

QUESTIONS AND STATEMENTS

REQUESTS FOR STATEMENTS

Hon. Speaker

Hon. Abdul Haro, the Member for Mandera South.

PROCESSING AND ISSUANCE OF NATIONAL ID CARDS IN NORTH-EASTERN KENYA

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the delay in processing and issuance of national identification (ID) cards in north eastern Kenya.

At the beginning of April, the Ministry of Interior and National Administration issued a policy directive stating that national ID cards would be processed within three to seven days, including a same-day service for applicants in Nairobi County. This directive was intended to address previous bottlenecks in the registration process and enhance service delivery. However, despite this undertaking, many youths from northern Kenya, particularly in the North Eastern region, have yet to receive their ID cards, despite some having applied more than six months ago. This delay raises serious concerns regarding equitable access to Government services. Additionally, noting that the Independent Electoral and Boundaries Commission (IEBC) has been conducting a nationwide voter registration exercise, the continued delays in issuing ID cards in the region risk disenfranchising eligible youth, thereby undermining their political rights, including the right to vote.

There have been reports from Mandera Central Sub-County that the National Registration Bureau erroneously dispatched duplicate ID cards to individuals who already possess valid identification documents. At the same time, new applicants in the same region remain unserved.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following:

Hon. Speaker

The Chairperson of the Departmental Committee on Administration and Internal Security. Hon. Raso, when can you bring a response?

Thank you very much, Hon. Speaker. You know, I come from nearly the same region as the Hon. Colleague. Unless his area is isolated, we get ID cards within 14 days. We will respond to the House in two weeks.

Hon. Speaker

Two weeks. Yes, Hon. Oundo. Is it on the same issue?

Yes, Hon. Speaker. I have raised this issue many times. What my good colleague and the Vice-Chair are saying is not factually true. I come from Busia…

Hon. Speaker

He did not talk about Busia. He talked about his area. So, he could be factually correct in relation to his area.

Yes, but because he is the Chair, he cannot just refer to his area only. He covers the entire country of Kenya. The delay in processing IDs could be due to a technical or administrative issue, or something I cannot understand. In my constituency, it takes an average of three to four months to receive an ID. From the day of processing to the day the copies come out, it takes almost three to four months. So, the total of

14-21 days is, as the young people say, “stori za jaba.” Unless there is something hidden about the issuance of IDs that nobody is willing to come forward and tell us, the Chair should please look into this issue critically so that we have uniformity. In some areas, it takes 14 days, while in others, 31 days. He should get proper information so that we can relay it to our people on the ground.

Hon. Speaker

Who is the Member there? Is that Hon. Mulanya? No, that is Hon. Gachobe. There is some light in the background. I cannot see you clearly.

Thank you, Hon. Speaker. Let me also joyride on that question. In my constituency, some applicants applied for their IDs late last year, in August and September, and have not received them. The Member for Gilgil is telling me to add Gilgil to that list. This is a cross-cutting issue that needs to be discussed. We are supposed to be told if there are areas that receive IDs after 14 days and others after six months. I was in my area two days ago, and I was told that almost 200 ID applicants have not received their IDs since December.

Hon. Speaker

Thank you. Point made. Hon. Ngogoyo.

Thank you, Hon. Speaker. Allow me also to say that what the Vice-Chair of the Committee has said is not entirely true, even in Kajiado North.

Hon. Speaker

He talked about his constituency. So, make your joyride.

Hon. Speaker, allow me to say that in Kajiado North, we have an issue with the distribution of IDs. Because voter registration is on, we can take advantage of this time. Can we have a government policy requiring those who have not received their IDs to be called to pick them up within the next week, so that they can take advantage of the voter registration period if we mean well for the country?

Hon. Speaker

Yes, Hon. Raso. Hon. Taitumu, I am sure it is the same thing. Is your area also not getting IDs on time?

Just hold on, Hon. Raso.

Chair, my concern is about the application forms.

Hon. Speaker

Which Chair are you addressing?

(Laughter)

Hon. Speaker, it seems the issuance of IDs is skewed towards certain regions. Where I come from, the main concern is the application form. Its distribution is skewed. At times, you get five or ten forms. I appeal to the Chairman to ensure that application forms are available to Kenyans at all registration centres where they apply for IDs.

Hon. Speaker

Hon. Ruweida.

Mhe. Spika, yangu ni mengine. Nimetamaushwa na maneno ya waheshimiwa. Yaani watu wanakosa vitambulisho kwa miezi sita tu na wanalalamika. Sisi kutoka tupate uhuru, jana ndio birth certificate ya kwanza imetengenezwa Lamu East.

(Kicheko)

Ile kuandikwa kuwa ako Lamu East ni jana. Hawa miezi sita wanalalamika. Sisi ni 60 years. Tumekuwa tukienda Lamu West kuchukua. Si mmeona tofauti vile Wakenya wengine ni Wakenya zaidi kushinda wengine? Vumilieni.

(Laughter)
Hon. Speaker

Hon. Raso, you hear that? There is a saying in India of a man who complained of having no shoes until he met a man with no feet. Yes, Leader of the Majority Party.

Hon. Speaker, this issue of IDs is, indeed, critical, and it is not just in the areas that Members are speaking about. It is a matter that, in my own constituency, I have also received complaints about delays in printing. But yesterday, when I was looking at the message, the Principal Secretary in charge of Immigration, Prof. Belio Kipsang, told me there were delays, and now what is pending in printing is equivalent to three days.

Apparently, they have about 90,000 IDs yet to print, and they are printing about 37,000 per day. In about three days, they will clear that backlog. As the Chairman engages with the Committee, they will probably need to follow up to confirm that it has been done, because I have that update as of yesterday afternoon. But I also raised the issue with the Principal Secretary, in relation to my own constituency, that I had many complaints from people who said they were experiencing delays in getting IDs.

More importantly, it is what Capt. Ruweida is saying. There are areas in this country that have been marginalised for a long period, not just Lamu East, but also the northern parts of Kenya. I hear people are complaining that some communities in the northern parts of Kenya, including Lamu East and Lamu West, are getting IDs. But we must tell them that a Kenyan is a Kenyan. Any Kenyan from any part of the country is a Kenyan, and they should get their ID cards as quickly as someone in Nairobi or Kikuyu does. It should be the same for the person in Lamu East, Mandera, Wajir, or Lokichogio. We are all Kenyans, and we must be treated equally and fairly as Kenyans.

Hon. Speaker

Hon. Raso, if what the Leader of the Majority Party is saying is correct, then you bring us a response by Thursday next week.

Hon. Speaker, we intend to summon the Principal Secretary to provide us with a comprehensive position on ID cards nationwide. But there are also issues with uncollected ID cards. Two weeks ago, we were in Eldoret, and we found almost 8,000 ID cards. In Kisumu, we found almost the same numbers. It is also important for Kenyans who are applying for IDs…

Hon. Speaker

Hon. Members, as the Parliamentary Service Commission (PSC) , I employ staff for you in your field offices. You have a duty to use the staff we pay to assist in delivering those IDs to your constituents. We pay these employees’ salaries. Assign them. What Raso is saying is true and correct in many places. We cry that there are no IDs. When they are issued, no one picks them up. They are piled up in the offices of assistant county commissioners and chiefs. Use our parliamentary staff in your offices, the same way we use them for public participation, to identify people who have applied for IDs, whose IDs are ready, and deliver them.

Hon. John Makali, proceed.

RISING CASES OF INSECURITY IN KANDUYI CONSTITUENCY

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the rising cases of insecurity in Kanduyi Constituency.

Over the past four months, Kanduyi Constituency has witnessed a disturbing increase in incidents of lawlessness and insecurity, with seemingly no action being taken to curb the incidents. On 6th April 2026, at Sang’alo Market, a gang of armed robbers raided Club Solutions, a business establishment in Kanduyi and brutally attacked several persons at Sang’alo Market and left one person, Mr Antony Wabuke, dead.

The attack also left three persons, Mr Joseph Murai of ID.No.92xxx30, Ms Mary Simiyu of ID.No.35XXX70 and Mr Titus Simiyu Wabomba of ID.No.24xxx289 were critically injured and are currently recuperating in Bungoma County Referral Hospital. The incident was reported at Sang’alo Police Station under O.B.Nos.402/6/4/2026 and 403/6/4/2026.

Additionally, on 5th October 2025, Mr Justus Wabwoba Okumu of ID.No.2208624, who was working as a security guard in Musikoma Ward, was attacked and killed by robbers. On 16th April 2025, Mr Augustine Mukhebi Nyongesa of ID.No.11452248, who was working as a security guard at Simba Wanyika Bar in Musikoma Ward, was attacked and killed by armed robbers. Similarly, the matter was reported at Sang’alo Police Station under

Hon. Speaker

Hon. Raso, when can you bring a response? Two weeks?

We will respond in two weeks, Hon. Speaker.

Hon. Speaker

Thank you. Hon. Dick Maungu, Member for Luanda.

RISING CASES OF POLITICAL INTOLERANCE AND ATTACK ON SEN. GODFREY OSOTSI

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding prevailing incidences of insecurity in the country.

There have been increased reports of insecurity across the country, particularly incidents that appear politically motivated. For instance, on Wednesday, 8th April 2026, the

Senator for Vihiga, Senator Godfrey Osotsi, was attacked and seriously injured by unknown assailants while at a restaurant in Kisumu County.

Such incidents raise grave concerns about the safety and security of political leaders and the general public and have the potential to undermine public confidence in our security agencies' ability to maintain law and order. The apparent rise in politically linked violence has deeply unsettled Kenyans. It poses a threat to peace, stability, and democratic governance, especially as the country gears up for the 2027 General Elections.

It is against this background that I seek for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following:

Hon. Speaker

Yes, Senior Counsel, Hon. (Dr) Otiende Amollo.

Thank you, Hon. Speaker. I rise to piggyback on that request for a Statement, which I fully support. I was probably one of the first to condemn this unfortunate incident, at about 2.30 p.m. yesterday, when I learned from one of my relatives who was in Aga Khan Hospital that Senator Osotsi had been attacked.

I condemned it then, and I still do, as it is an act of cowardice. In our culture, and in any decent culture, people do not attack without notice. I condemned it as an act of political intolerance. We can have our differences of opinion, we can support anyone we want, but the most anyone can do is respond to you verbally and express their opinion, not cause you physical harm.

I condemned it, and I still do, as an act of goonism which is gaining currency in this country. Almost everywhere now, in every funeral, every political meeting, we are witnessing very unfortunate incidents of goons being ferried and paid to do that. But beyond the attack itself, I also condemned the misinformation and disinformation that followed. This idea of people doing the wrong thing and then flooding social media to disinform and almost defame the victims of such acts must also be condemned.

I do not condemn this solely because of Senator Osotsi's status. Yes, Senator Osotsi is a Member of Parliament, but I would condemn it if it happened to any Kenyan. I do not just condemn it because it happened in my home city of Kisumu. Even if it happened in Mombasa, here, Kirinyaga, or wherever else, it must be condemned.

I do not just condemn it because of party issues. I am the National Vice-Chairperson of the ODM Party. The ‘D’ in our party stands for democracy. Any member of ODM is allowed, under our constitution, to express themselves as best they know how. That can never be a reason to inflict any harm, in any way, upon anyone, whether by any sympathiser of the ODM Party or otherwise. Anyone who thinks that they could be advancing the cause of any party by such actions must be condemned. I do not condemn it simply because it happened in a city predominantly occupied by the Luo community. I am a Luo. I would condemn it if it happened to my worst enemy. I condemn that it has happened to Senator Osotsi.

I want to suggest that those who nurture this kind of thing…

Hon. Speaker

You are more than joyriding.

Hon. Speaker, I am ably assisting my colleague, who happens to be my co-defender in Bunge Football Club, as I wind up. Kenyans, and even non-Kenyans, should know that you might get a young leopard that looks like a cat,

take it home in the hope that it will remain a cat, nurture it, and then it will grow into a wild leopard that even you cannot contain. If we do not contain this kind of thing now, 2027 might portend dangers that we cannot fathom. I support that we must arrest those who perpetrated this crime and even those who planned it. Only then can we begin containing the larger ogre facing us.

Thank you.

Hon. Speaker

Hon. Nabii.

Thank you, Hon. Speaker. In this regard, I would like to condemn the incident involving Senator Osotsi. I would also like the Chairperson of the Committee to inform us why, in the western part of Kenya, we have noticed that at almost all funerals and all public functions, goons are being ferried in public in the full glare of the police, and they are not arrested. If you watch the videos from the closed-circuit television cameras showing what happened to Senator Osotsi, you find three things.

Number one, people are gathered in a high-end area, 10 metres from the Central Bank of Kenya, which has civilian police and a regional police headquarters.

Two, you will notice that neither the security personnel in that building nor the security at Java attempted to save Senator Osotsi. What is even more worrying is that two of the people are seen carrying guns. This should indicate that the police are pursuing these people. However, 24 hours later, no one has been arrested.

If a Member of Parliament is not safe, do we expect Wanjiku, Wanjala, and Nekesa to be safe? It started like this with our late brother, Hon. Ong’ondo. He came crying and complaining. They went for him. He is no longer with us. Could this be an indicator that they want to kill Osotsi? As a community, we will rise. As Parliament, we will rise. As the Luhya nation, we will rise.

Thank you, Hon. Speaker.

Hon. Speaker

Yes, Hon. Zamzam.

Asante sana, Mheshimiwa Spika. Nami niweze kumuunga mkono mwenzangu. Nakemea vikali kitendo alichofanyiwa Mheshimiwa Godfrey Osotsi. Wakenya, tuna tofauti zetu kubwa sana, lakini hata Katiba yetu hairuhusu mtu kumpiga mwenzake na kumdhuru kiasi kile.

Nilihisi uchungu sana kama mama ndani ya taifa hili nilipotazama video ile ya kamera za usalama. Nachukua fursa hii kuwapongeza wapishi wa Java, kwa sababu wao ndio walijaribu kuzuia vita. Sote tunatofautiana kila wakati. Mtu anaweza kukosana na mwenzake na kukawa na mihemko, lakini isiwe ni sababu ya kumpiga Mbunge kiasi hicho. Tulimpoteza Mheshimiwa Ong’ondo Were — Mwenyezi Mungu amrehemu — naye alianza kulalamika tu hivi, na mwishowe hayupo tena.

Waheshimiwa wenzangu, ningependa kuwaeleza kuwa kuna mipaka pia katika siasa. Tusije tukachokozana huku na kule. Wakati mwingine watu wanapandwa hasira na inafikia hapa. Kila mtu aweke nidhamu. Juzi na jana tulitukanwa na Katibu Mkuu wa chama tawala. Nasi tulisikia uchungu, lakini tulisema hatuwezi kumpiga. Tutatumia sauti zetu kumwambia kwamba ikiwa sisi tunamuunga Rais mkono, lazima aheshimu chama cha ODM. Nakemea sana aliyetenda kitendo hiki. Lazima kulikuwa na mtu aliyewatuma vijana hao. Vijana wale wachukuliwe hatua pamoja na aliyewatuma. Hatutaki mambo haya kutokea tunapoelekea uchaguzi.

Kwa hayo machache, kutoka Kaunti ya Mombasa, nakemea kitendo hicho, na nasema kwamba amani yangu ni amani ya Ichung'wah, Nabii Nabwera, na ya yeyote yule.

Hon. Speaker

Hon. Raso, when can you bring the response?

Hon. Speaker

Those are enough joyriders.

Hon. Speaker, for the benefit of the House, this morning the Director of Criminal Investigations (DCI) appeared before us, and that is one of the issues that we tasked him with. We told him that we want quick answers on the issue of hooliganism and goonism that is taking root in this country. This does not portend well for us as a country. We can be politicians today, but tomorrow we will be on the street as citizens.

Hon. Speaker

I invited you to let us know when you will bring a response, and you are giving a speech.

Next Thursday, Hon. Speaker.

Hon. Speaker

Sawa, sawa. Those who wanted to joyride, you will interrogate the Statement on Thursday. Hon. Kipepeo, Hon. Wamboka, Hon. (Dr) Oundo, and the rest, I will give you time next week.

Next Order.

Hon. Speaker

Yes, Hon. Murugara George Best. Give him the microphone.

Thank you, Hon. Speaker. I happened to be at a funeral yesterday in respect of one of our most respected colleagues here. A very solemn occasion it was, and all of us were in a very sombre mood. As we continued to mourn, statements were made, which we may take to be political.

Hon. Speaker, I draw your attention to a statement made by the impeached Deputy President of the Republic of Kenya, who stated that the Speaker of this House has been allowing debate on him without a substantive Motion. He then read out what he purported to be Standing Order 51, which, after looking at it, has nothing to do with debate on a member of the republic without a substantive Motion.

Regardless of wherever we are, this House must at all times be held with the highest esteem, and especially, the personification of the House is actually the Speaker. As I sit in this House this Session, I do not recollect any other time apart from the Impeachment Motion that was brought against the former Deputy President when he was discussed. If I am wrong, I stand to be corrected by the Members who are always here, but I think I am right.

Is it in order for anyone, whether in this House or in the public, in whichever way, first to misquote the Standing Orders and then make statements that disparage the person of the Speaker, the head of this Arm of Government, which must be respected? Remember, we have three Arms of Government, none of which is superior or inferior to the others. However, the House of Parliament must be respected throughout the Republic of Kenya. Firstly, what hurt me most was his misquoting the Standing Orders. He did not know what he was talking about. Secondly, he disputed the person of the Speaker of the National Assembly. Thirdly, he brought this House into disrepute.

I do not recall anyone debating the person of the impeached Deputy President without a substantive Motion or at any other time. Therefore, I wish to be guided whether members of the public have the liberty and immunity to misquote our Standing Orders, which possibly do not apply to them in any form. In so doing, bring this House to disrepute and also try to bring in an improper motive upon the Speaker of the House of Parliament, who is also the head of the Legislature.

Thank you very much, Hon. Speaker.

Hon. Speaker

Yes, Leader of the Majority Party.

Hon. Speaker, I agree with Hon. Murugara. Indeed, the Speaker was unfortunately accused during a funeral programme for one of our colleagues. Standing Order 51, as quoted by the former Deputy President, addresses the withdrawal of Motions and their reintroduction in the House. So, I was rather astonished to hear the person challenging the Hon. Speaker on the provisions of our Standing Orders, a former one-term Member of Parliament. He has no record whatsoever in the House

of anything substantive that he ever brought before this House in terms of a Motion or even contributions to a Bill. He forgot that these Standing Orders were authored by none other than yours faithfully, the Hon. Speaker.

I heard him say that you are a lawyer, but he should know you are not just a lawyer. You are a senior counsel and an advocate of high repute in this country.

(Applause)
Hon. Speaker

Of 40 years standing.

Forty years standing…

(Applause)
Hon. Speaker

Yes.

You were also a great contributor in the writing of these Standing Orders for this House, when you were a Member of the National Assembly over 30 years ago, while the man, serving as a District Officer then, was stealing relief food. You also helped author the Senate Standing Orders. Therefore, Rigathi Gachagua has absolutely no capacity to advise the Speaker on the provisions of Standing Orders.

Since he was a one-term Member of Parliament who left no impact in this House and was a quarter-term Deputy President, let me read for him so that next time he sees you, he can quote Standing Order 87 (1) and (4) that would be relevant. Still, Standing Order 87 (1) protects only the person of the Speaker, a President, a head of State of a friendly country, or a public officer, who can only be removed from office by resolution of the House. So, the Deputy President enjoys this because you cannot remove a Deputy President from office without bringing a substantive Motion before the House.

Other than the people who hold offices and can only be removed from office by a resolution of the House, the other people protected by Standing Order 87 (4) are Members of Parliament and Senators. They cannot be discussed on the Floor of the House without a substantive Motion. However, a former one-term Member of Parliament or a former impeached Deputy President is not protected. Worst of all, it can never protect a tribal bigot; what I heard yesterday was just tribal bigotry. He even pretended he could lecture the President, claiming he was the one who allowed the President to speak to the people of Mount Kenya. I am glad the President answered him so aptly. He told him he does not require anybody’s permission to engage with the people of Mount Kenya or Kenyans.

I agree with the President. He has built and developed a strong relationship with the people of Mount Kenya and Kenyans across the board over a career spanning more than 30 years, let alone a one-term Member of Parliament who wanted to pretend that he was the one to allow the President to speak. The President is earning respect across the country for his work.

Today, Hon. Ruweida has told you that, for the first time, people in Lamu East can obtain birth certificates courtesy of the President's efforts. On the same note, people in northern Kenya can now access IDs and feel as part and parcel of this country. You were unfairly attacked at that funeral. Let me say that it is rather sad that the people who are attacking us… You were mentioned once together with the Deputy President, but I am told I was mentioned 27 times. That is someone living in perpetual fear of the unknown.

I have said it here, and I want to repeat it, that on 25th June and 26th June 2025, respectively, Rigathi Gachagua organised goons to burn my National Government Constituencies Development Fund (NG-CDF) office, county government offices, and the law courts in Kikuyu. What was left were the national Government offices. They also attempted to come and burn down my own home. That was the day he sent people to attempt to kill my

father, who was then 105 years old. May God rest his soul in eternal peace. The other day, I heard him accuse me of organising goons. I dare ask

Hon. Rigathi Gachagua

How would I have organised goons to go burn my own house and murder my parents? This is reverse psychology. What he was trying to do to you yesterday was to try and incite the crowd to heckle you just as he was saying: “I had organised Hon. Ichung’wah to not speak at this funeral”.

Hon. Speaker

Time up.

Yesterday, the goons who had been mobilised from Kiamaina village in Nyahururu and some from Kayole and Githurai left in buses. Hon. Faith was telling me that some were being paid around Pembroke House area.

Hon. Speaker, you have a duty to protect the dignity of this House and we also have a duty as a House to protect the Speaker of the House. It is on record that you have never allowed any substantive motion, neither have you allowed the discussion of a person who is protected by these Standing Orders because they are very clear. So, may he be informed and keep his goons away from you.

Hon. Speaker

Hon. Wamuchomba.

Thank you, Hon. Speaker. I rise to just add my voice on what we saw and witnessed yesterday regarding the attack on you as a person and as the Hon. Speaker of this House. It was very unfortunate that now we have dragged matters politics to even funerals without any regard to the bereaved. This is a high time we went back to the drawing board as Members of Parliament, guided and led by you. In our kamukunji, we contribute funds. Some of us contribute from our payslips while others contribute in our welfare corners as Members of Parliament to support the families of the bereaved.

We struggle very much through you to create even a select committee to organise funerals for our colleagues. All the money we contribute to give our colleagues an honourable send-off is being watered down by politics. Time has come for us to go back to our kamukunji under your guidance and deliberate on how we will go forward. Not that we are expecting more Members are going to die, but we need to go back to the drawing board. It is not fair I contribute Ksh100,000 meant to help the family to organise an honourable send-off and then in that

funeral, the Hon. Speaker, who is the Chairperson of the Committee that organised that wonderful ceremony, is dressed down politically the way we saw yesterday. Hon. Speaker, if a clergy or a bishop passes on, the church takes control of the funeral. The church dictates who will speak and who will not.

Yesterday, the Serjeant-at-Arms were not given the power of Parliament to help us even manoeuvre because the funeral was taken over by goons. There were people who were all over in the parking lots harassing Members, our drivers and our personal assistants. Therefore, I want to throw this challenge to your desk as our chairperson of the select committees in these funerals to guide us going forward.

As a Member of Parliament, I am not comfortable contributing more money to help bereaved families of our colleagues then during the funeral, even the family is not comfortable. Yesterday, I saw Mrs. Kiaraho’s facial expressions and her family sending signals that things are not going right. Why would we contribute to a funeral service that is being used as a platform to demean you as the Hon. Speaker of the National Assembly, to demean the Leader of the Majority Party, Hon. Kimani Ichung’wah, and many others, yet we have other political platforms where we can do this? Therefore, Hon. Speaker, with your support and permission, I request for a kamukunji where we shall discuss how we will be managing such functions going forward.

Thank you, Hon. Speaker.

Hon. Speaker

Hon. Oundo is the last one.

Thank you, Hon. Speaker. The House of Parliament is one of the arms in the Constitution of Kenya that requires respect and to be held with the esteem that it deserves. Over the years, there has been direct attack on the House of Parliament by every Tom, Dick and Harry that finds an opportunity to do so. Many times, Members of Parliament have been referred to as Mpigs. They have been abused and that is why you have seen how careless and callous it was to attack Sen. Osotsi in Kisumu yesterday with total disregard on the image and reputation of the Members of Parliament.

It is a time for retrospect. As Members of Parliament, how do we conduct ourselves outside there? How do we conduct ourselves inside here? What kind of statements do we make when we are inside here? What kind of statements do we make when we are granted a microphone in a funeral, a church function or wherever it is? It is a high time you go very hard and ruthless in applying the Parliamentary Powers and Privileges Act. Many of the statements made by our colleagues inside this chamber and outside there are very embarrassing and humiliating. At times they do not reflect the true meaning and character of a Member of Parliament.

Hon. Speaker, as I conclude, you have become collateral damage in tribal political supremacy. You might be dragged into it for long. It is an unfortunate position you are in but the Samia people say that children throw most of the stones at an orange tree with ripe oranges. You must find a way of not getting dragged into tribal political wars or you will go down with it, with your reputation in tatters.

Thank you, Hon. Speaker.

Hon. Speaker

Thank you. We should end it here. I was in this funeral. The impeached Deputy President stood and quoted a Standing Order that does not have any relevance to what he was talking about and then went on a misadventure to throw tirades at everybody. He even forgot that we were in a funeral. He did not even say any condolence to the family of Hon. Kiaraho. He just went on and on and at the end of the day, the public saw that here is a man overruled by anger, internal turmoil and a political misadventure that will lead him nowhere.

Yes, Hon. Shakeel.

Thank you, Hon. Speaker. Picking from what Hon. Wamuchomba said, I propose that the Committee of Powers and Privileges,

which is under your leadership, ban the former Deputy President from the precincts of Parliament until such a time as he will have made appropriate apologies. As I understand, former Members of Parliament still have access to Parliament. That is why I propose that, through the Committee of Powers and Privileges, we ban the former Deputy President from the precincts of Parliament. He has abused our Speaker, the Leader of the Majority Party and many of us in this House. There is no reason why he should walk in here. Even if he does not want to walk in, the best thing is that we ban him so that he feels the brunt of our anger.

Thank you very much, Hon. Speaker.

Hon. Speaker

Hon. Kipepeo, Member for Busia County.

Hon. Catherine Omanyo (Busia County, ODM)

Thank you, Hon. Speaker. I would like to add to what colleagues have said. I watched Gachagua and could see that even his face had no remorse. Gachagua must respect widows. He must respect orphans. That is no stage for people to show off their prowess. If he is man enough, he should look for another place to face whoever he wants to. The hurting sentiments that he gave made him lose a lot of marks. Leaders in this country should not use mourning spaces to throw their own tantrums or take advantage of mourners and the bereaved. When people are bereaved, they need healing and time to come to terms with the death of their loved ones. If we go to funerals, we must be part of a solution to their problems but not to add pepper to their injury.

Thank you, Hon. Speaker.

Hon. Speaker

Can we leave that matter at that?

Hon. Ruweida, kuna nini?

Mhe. Spika, katika hili jambo, alikukosea heshima. Uliona jinsi ulivyo heshimiwa ulipokuja Lamu Mashariki, hata tukakupatia keki ukakata. Hebu linganisha na yale yaliyotendeka jana. Alikukosea heshima wewe, Bunge la Taifa, Rais na sisi Wabunge. Tusiwe tukizungumza tu ila tutafute suluhisho. Kule ni hatari sasa. Msichukulie hilo jambo hivi hivi. Nashukuru Mwenyezi Mungu kwa sababu hakuna mtu ameuwawa. Mtu kama yule amechochea sana. Naomba tutoe suluhisho. Mungu asijalie mtu mwingine kufa lakini ile area tuseme ni eneo hatutakwenda sisi Wabunge. Ni hatari sana. Kwa hivyo tutoe way forward. Tusiende tena ndio waone sisi hatutaki kwenda kule ili wajirekebishe. Hao wenzetu hawawezi kukaa mbali na power. Wakifanyiwa hivyo, watarudi into their senses.

Hon. Speaker

Yes, Hon. Mpuru Aburi. I would like us to move to something else.

Ahsante, Mhe. Spika. Nilihudhuria

Hon. Speaker

Your time is up. Take your seat. Is Hon. Machua Waithaka in the House? Proceed with your Request for Statement.

REQUEST FOR STATEMENT

[The Speaker (Hon. Moses Wetang’ula) left the Chair]

MURDER OF MS BRIDGIT NJOKI WAINAINA

Hon. Deputy Speaker, pursuant to the provisions of Standing Order 44 (2) (c) , I rise to request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security regarding the status of investigations into the murder of Ms Bridgit Njoki Wainaina.

On 7th July 2025, Ms Bridgit Njoki Wainaina, a 12-year-old girl from Kirigui-ini Village in Ndumberi Ward, Kiambu Constituency, was reportedly struck by a stray bullet while inside her family home. She was rushed to St. Bridget Hospital in Kiambu, where she succumbed to her injuries. The incident was reported at Ndumberi Police Station under OB No.22/7/7/2025. On 8th July 2025, investigating officers visited the scene and collected evidence, including bullet fragments. Subsequently, on 9th July 2025, a post-mortem examination recovered a bullet lodged in the deceased’s head, which was preserved as evidence. However, since then, there has been little progress in the investigations and the family has not received any update on the status of the case. Notably, the family was instructed not to interfere with the crime scene and, to date, the bullet hole in their home remains unrepaired, prolonging their distress and rendering parts of the home uninhabitable.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following:

Hon. Deputy Speaker

The Vice-Chairman of the Departmental Committee on Administration and Internal Security. Hon. Ali Raso.

Thank you, Hon. Deputy Speaker. We will respond in two weeks.

Hon. Deputy Speaker

Next is a response by the Departmental Committee on Energy to a Request for Statement by Hon. Abdul Haro.

STATEMENTS

ELECTRICITY CONNECTIVITY IN KOTULO SUB-COUNTY

Thank you, Hon. Deputy Speaker. I wish to give a response regarding the status of electricity connectivity in Kotulo Sub-County, Mandera County, requested by Hon. Abdul Haro, Member for Mandera South. The following are the submissions as required:

First, the question was on the measures being taken by the Ministry of Energy and Petroleum and Kenya Power Company to address the unreliable electricity supply in Kotulo Sub-County, Mandera County. Currently, Kotulo Town in Kotulo Sub-County of Mandera County is served by a Kotulo 450 kVA diesel off-grid station, with one generator rated at 300 kVA and another rated at 150 kVA, located near the border of Wajir and Mandera counties. The generation capacity is sufficient since the peak demand is currently 150 kVA, and the generators are working 24 hours. To ensure reliability, the distribution lines and transformers are maintained regularly. For quicker power restoration, any outage issues are addressed by the staff based at Kotulo and Elwak off-grid stations. Notably, Kotulo Power Station is located in Kotulo, Wajir, and serves both Wajir and Mandera counties.

Second was on the plans being put in place to construct a dedicated power station within Mandera County to serve Kotulo and surrounding areas, including Garse and Dabacity. To accommodate the future projected power requirements for the stated area, there is need to upgrade the station with an additional 500 kVA generator to enable sufficient redundancy of generation capacity during preventive and corrective maintenance. The appropriate budget for procurement of a 50 kVA enclosed generator set and its accessories is around Ksh35 million. The Ministry will continue to prioritise these off-grid stations for upgrade based on available budget allocation.

Just the other day, when we passed the Supplementary Budget, we allocated Ksh1 billion. Hopefully, it will sort out some of these issues.

Third, was on the steps being taken to fast-track connection of commissioned lines in Boji Garse, Kutayu, Lehele, and Harwale, and the use of targeted subsidies to lower costs for low-income households. Projects in these areas are being implemented by the Rural Electrification and Renewable Energy Corporation (REREC) . The table below gives the status of the projects which REREC is implementing in Mandera South Constituency. The projects are listed as number one, two, and three, and most importantly, the costing amounts to Ksh112,304,896, which will connect 798 families. To ensure these projects are completed on time, REREC has adopted a multiple-strategy approach to fast-track the ongoing projects in various ways, as follows:

Hon. Deputy Speaker

Thank you. Member for Mandera South, are you satisfied? Give him the microphone.

Thank you, Hon. Deputy Speaker and Chairman of the Committee. The answer is largely satisfactory, but Kotulo Sub-County in Mandera County has been without electricity for the last four weeks. It is only in the last two days that power has been restored. Therefore, the answer to question one, that power has been satisfactory throughout is not entirely accurate. However, for the last two days, power has been restored and I hope it will continue to be sustained.

The answer to question three is not satisfactory. While I appreciate the mention of other projects ongoing in Mandera South, that specific question was about fast-tracking the connection of commissioned lines in Boji Garse, Kutayu, Lehele, and Harwale. Those lines, despite having been commissioned, with transformers and lines in place and testing having been done, have not been connected to households. That is the question I asked. When will these households be connected to power? That has not been answered. I, therefore, ask the Committee to follow up with the Ministry and provide an accurate response on that.

Hon. Deputy Speaker

Thank you. Before the Leader of the Majority Party makes his traditional Thursday Statement, allow me to recognise the presence of students from the Little Lambs School from Ainabkoi Constituency, Uasin Gishu County, who are seated in the Public Gallery. I must say that my nephews went to that school. They are my neighbours as well, and I wish to welcome all the students, together with their teachers, on behalf of the National Assembly and on my own behalf, to the precincts of Parliament. I hope I will have an opportunity to say hello before you leave. Welcome to Parliament.

Hon. Deputy Speaker

Next, Leader of the Majority Party.

BUSINESS FOR THE WEEK OF 13TH TO 17TH APRIL 2026

Thank you, Hon. Deputy Speaker. Pursuant to provisions of Standing Order 44 (2) (a) , I rise to present the following Statement on behalf of the House Business Committee which met on Tuesday, 7th April 2026 to prioritise business for consideration during the week and the business coming before the House in the following week. As Members are aware, this week the House considered and passed the Supplementary Appropriations Bill of 2026. I wish to commend the leadership of this House,

our committee chairpersons and all the Members for the dedication and cooperation exhibited in the consideration of this critical business this week.

With regard to business scheduled for Tuesday next week, the House is expected to continue with consideration of the following Bills should they not be concluded today:

Hon. Deputy Speaker

Thank you, Leader of the Majority Party. Hon. Members, allow me to go back to Order No.5 under Papers. The Chairperson of the Departmental Committee on Health, Hon. Nyikal, was not present. We will give you an opportunity to prosecute that before we continue.

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

Report of the Departmental Committee on Health on its consideration of the Quality Healthcare and Patient Safety Bill (National Assembly Bill No. 41 of 2025) .

Hon. Deputy Speaker

Thank you. Next Order.

APPROVAL OF AWARD OF CHARTER FOR ESTABLISHMENT OF KENYA ADVANCED INSTITUTE OF SCIENCE AND TECHNOLOGY

Hon. Deputy Speaker

House on Tuesday, 7th April 2026, and pursuant to the provisions of Section 24(1) of the Universities Act, Cap.210, this House approves the award of charter for the establishment of the Kenya Advanced Institute of Science and Technology. (Moved by Hon. Samwel Chepkonga on 8.4.2026 – Afternoon Sitting) (Debate concluded on

Hon. Deputy Speaker

Apologies, Hon. Members. I was trying to negotiate for someone to come to the Chair, so that I can go and say hello to the students from Uasin Gishu County.

THE STRATEGIC GOODS CONTROL BILL (NATIONAL ASSEMBLY BILL NO.15 OF 2026)

APPROVAL OF THE AWARD OF CHARTER FOR ESTABLISHMENT OF KENYA MEDICAL RESEARCH INSTITUTE

Hon. Deputy Speaker

Hon. Gichimu.

Hon. Deputy Speaker, I beg to move the following Motion:

THAT, this House approves the Draft Charter for the establishment of the Kenya Medical Research Institute in accordance with Section 24 (1) (a) of the Universities Act No.42 of 2012, which was Tabled in the House...

Hon. Deputy Speaker

Hon. Member, kindly just move the Motion as is in the Order Paper. Just read it as is in the Order Paper.

Sorry.

Hon. Deputy Speaker

Thank you, Leader of the Majority Party.

Sorry, Hon. Deputy Speaker and thank you Leader of the Majority Party.

Hon. Deputy Speaker, I beg to move the following Motion:

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Draft Charter for the Establishment of the Kenya Medical Research Institute, laid on the Table of the House on Tuesday, 7th April 2026, and pursuant to the provisions of Section 24(1) of the Universities Act, Cap 210, this House approves the award of charter for the establishment of the Kenya Medical Research Institute. The Committee on Delegated Legislation considered the Charter in line with the Constitution, the Universities Act No.42 of 2012, the Interpretation and General Provisions Act, Chapter 2, the Statutory Instruments Act, Chapter 2(a), and pursuant to Section 16 of the Statutory Instruments Act. The Committee held a consultative meeting on Thursday, 2nd April 2026 with the Principal Secretary for the State Department for Higher Education and Research, the Chairperson of the Kenya Medical Research Institute (KEMRI) Board, and the Commission for University Education (CUE), before making its final recommendation.

The Charter seeks to establish KEMRI as a specialised degree-awarding institution of strategic national importance, with a mandate to advance capacity building in highly specialised human health research and to strengthen the coordination, conduct, and promotion of health research in Kenya. This initiative is informed by the national priorities, including lessons from the COVID-19 Pandemic, which underscored the need for enhanced local capacity for development and manufacture of vaccines, diagnostics, and biotherapeutics. It further aligns with the Kenya Kwanza initiative of strengthening local research, development, manufacturing, and commercialisation of health technologies, which necessitates high skilled biomedical workforce supported through specialised postgraduate training.

Hon. Deputy Speaker, KEMRI’s existing capacity, including its internationally recognised clinical trials platform, has contributed to the development and licensing of key vaccines such as the Malaria RTS, the Cervical Cancer Gardasil Vaccine and the Pneumococcal Conjugate Vaccines. Additionally, the Institute plays a role in vaccine innovation, including work associated with the ChAdOx platform that informed global COVID-19 vaccine development.

The establishment of KEMRI as a degree-awarding institution followed a structured process. On 24th June 2025, the Cabinet declared KEMRI as an institution of strategic national importance, recognising its critical role in biosecurity, biosurveillance, epidemic intelligence and national health security, thereby, approving its establishment. Subsequently, the Institute applied to the Commission for University Education for conferment of a charter as a specialised degree-awarding institution. Following a comprehensive accreditation process, stakeholder consultations and a needs assessment study, the CUE confirmed that KEMRI met all prescribed requirements and recommended the award of the Charter. The Draft Charter was reviewed by the Office of the Attorney-General and submitted to Parliament for approval, in accordance with Section 24(1)(a) of the Universities Act, No.42 of 2021. In undertaking its scrutiny, the Committee on Delegated Legislation reviewed the Draft Charter and made the following observations:

Hon. Deputy Speaker, I rise to second this Motion. As the Committee on Delegated Legislation, we examined this Charter thoroughly and confirmed that it complies with the law and the Constitution. I have the advantage of being a Member of the Departmental Committee on Health where I have interacted very closely with KEMRI. It was established by Legal Notice of 2021 which is in force. It is the home of many professors who engage in research. We will benchmark with the top universities in this field. The leaders of these universities of research in medical fields include Harvard, Johns Hopkins and Oxford in Europe. The old traditional universities are still leading in research.

When you look at it, most of the professors in KEMRI are involved in research worldwide. Some universities are taking advantage of the fact that we are not funding our professors. They, therefore, utilise them to do research in their countries. Now, KEMRI wants to become a university, and that is why we are presenting this Charter before you. It is going to play a very important role in human research. Recently, our own Kenya Institute of Primate Research (KIPRE) , has been involved in research on primates involving human beings. As a result, we have had one strong achievement from KIPRE: The innovation of anti-snake venom

from our own Kenyan institute. Now, KEMRI is going to be involved in looking at the incidence of disease, the cause of the disease, how it is going to be handled and how it can be prevented.

Kenya faces a number of challenges including HIV. If this disease was deadly in the West, would it not have a cure by now? I do not understand. The HIV is a sexually transmitted disease to some extent, and the permissive societies of Europe and America are not bothered by it. It is time we have an institute to check on why we do not have treatment. COVID-19 attacked the West and within a short time, there was a vaccine. More importantly, the number of people dying in Kenya because of cancer is unbearable. I know we have the Cancer Institute and we are looking for a way to cure it, but in reality, who is asking what causes cancer? Because the moment we know what is causing it, we would get the treatment. For now, we are trying to buy more machines like the Linear Accelerator (LINAC) and others, but we are not getting to the issues of what is causing cancer. We hope KEMRI will answer this because there would be more professors involved in research. There is another disease called brucellosis, which affects many of our pastoralist people. What causes it? These are examples of diseases that we need to get into, together with other non-communicable diseases. A good research university must be well funded and endowed with resources to enable it to do its job. We hope that KEMRI will be funded properly. It must strive to be of good academic repute in order to be a good research university. It must answer the needs of our society. Hon. Deputy Speaker, I beg to second.

Hon. Deputy Speaker

Hon. Members, if you want to contribute to this, please, press the intervention button so that I can see you. Those who are on the intervention button but do not want to contribute, please, pull out your cards. I can see Hon. Martin Owino.

Thank you so much, Hon. Temporary Speaker. At the outset, I want to thank the Committee on Delegated Legislation, and I am happy that this has come to the Floor. As a Member of the Departmental Committee on Health, I am really thrilled that when this Motion passes, all will be done so that KEMRI can surpass what it is now. It is currently operating under Legal Notice 35 of 2021. It is beyond that. This will formalise the institution's power to enhance operations and functions.

For us to achieve Universal Health Coverage (UHC) in this country, the power of preventive medicine is paramount, as well as early detection of diseases and early treatment. We can all recall that during COVID-19, KEMRI became the first institution in the region to come up with measures for detection, management and conditions. This Motion will enable the institution to become autonomous, enhance its mandate and become a statutory entity to do more business across the world. Accordingly, coordinating and promoting human research will be enhanced. All of us can remember the work KEMRI put into herbal medicine. With this new

status, the safety, efficacy and quality of practice of herbal medicine will be enhanced through human research.

What is more important to me in this new status is that, as an institution, it has been mentoring many researchers, but because it did not have the capacity to propel them to PhD status, we have been losing human resources for health to other institutions. As they say, whoever pays the piper calls the tune. We have been losing even our products of innovation to those who fund this research.

So, with this Motion that elevates it to Charter status, KEMRI will have intellectual property, meaning we can control the ownership of innovations that come from this institution. We can also create our own biobanks: Human tissue, blood and genetic materials. Above all, we can regulate the powers of medical innovation and products that come out of it.

Hon. Sunkuli said that we can put our institution at a status like special research. It is very important, but we should also consider how to empower them financially so that they can run their affairs with ease. As it stands, this Motion will propel KEMRI because they depend on donors, not only on researchers, but also, on research materials and where they should go with that research.

So, when this is done, we should also fund this institution to be autonomous and operate on its own. Let us all rally behind this Motion and pass it as quickly as possible. Thank you, Hon. Temporary Speaker.

The Temporary Speaker (Hon. Martha Wangari)

Very well. The Member for Seme.

Thank you, Hon. Temporary Speaker for this opportunity. I rise to support the Report of the Committee under consideration for a draft Charter for the establishment of the Kenya Medical Research Institute as a degree-awarding institution.

The link between research and universities is universal. In reality, many may not agree that the first mandate of universities is research. The awarding of degrees is key, while the training of students towards the awarding of degrees is secondary. That is basically just passing on the knowledge. What universities should do is research and acquire new knowledge so that we know how the universe works.

At the highest level, you award PhDs and postdoctoral degrees. That is what universities do. If you look at what KEMRI is doing, it is at a higher level. The mandate of KEMRI is medical research. The medical research that KEMRI performs very many times involves high- level research, which is part of training, so that many people train while doing research at KEMRI, and obtain PhDs and postdoctoral qualifications. However, KEMRI cannot award them degrees because it does not have the Charter. Consequently, they have to look for other universities to award the degrees while the training has been conducted at KEMRI. Thus, as Members have said, those universities make a claim to work that they did not do. They merely awarded the degrees. Therefore, I support that we give KEMRI the Charter to award degrees to those who have been trained while doing research in that institution.

The other advantage of this is that when you do research in your own institutions, funded by your own institutions, you are most likely to research problems of your country. As has been said, he who pays the piper calls the tune. If you do research that has been funded from outside, you will research what they want. The research questions are intended to solve problems of the people who fund the research. Therefore, we want to fund our research so that the research questions can solve our problems. That is why I support that when this work has been done in our institution, the degree should also be awarded by KEMRI, the same institution.

We are developing as a country to a level where we need to produce our own health products. Right now, KEMRI is involved in research on vaccines, and we are establishing an institution to produce them vaccines. How can it be that the institution that does the research

which we use to produce our own vaccines cannot award the degrees that lead to the same research? Therefore, I support that we give this a charter.

However, I want to sound a warning. Once we make it a university at that level, it must remain at that higher level of PhD, postdoctoral and above. If we bring it down, perhaps because it is not properly funded and is taking students to get funds, and it starts to be an ordinary university, KEMRI will lose the advantage that it has. We must keep it at that, fund it at postdoctoral research and above, and those are the degrees that it should give.

With that, I support.

The Temporary Speaker (Hon. Martha Wangari)

The Member for Tetu.

Thank you, Hon. Temporary Speaker for the opportunity. I also rise to support this proposal to grant the Kenya Medical Research Institute its own Charter to offer postgraduate degrees. I would suggest that it should be renamed KEMRI University of Health Sciences, so that it is clear and distinct what it stands for. This can be modelled along what AMREF has done, where they now have AMREF International University. The name is not important. The more important thing is that, as a country, we need to start doing our own research and developing our own products.

The COVID epidemic taught us a very painful lesson regarding vaccine nationalism. The Americans had to keep enough vaccines for themselves before they would start donating to African countries. We waited quite a long time. I remember us celebrating that we even had a Cabinet Secretary going to receive COVID vaccines at the airport, because it was a life and death matter, simply because the research and the vaccine production was owned by someone else.

The KEMRI has been in existence for a long time, a fairly quiet institution. The only time we heard about it was when one Dr David Koech, may God rest his soul in eternal peace, produced the famous Kemron, which was touted as a very effective drug for HIV. We have never known the real truth about Kemron. Some people say it was sabotaged by multinationals, while others believe Dr Koech was not really a researcher, but perhaps a person trying to profiteer from this. Whichever way, it is important that, as a country, we develop these capabilities.

Currently, the major players at KEMRI include Wellcome Trust and organisations like the American Centre for Disease Control and Prevention (CDC) , which basically, do a lot of research using our own people as test cases. That research is then taken away and used in other countries to produce the actual products. We end up in the same cycle, where Africa is just a consumer of research, as opposed to a beneficiary of its own research.

We also have unique problems that require our own focused research. We are still battling with HIV, cancer and other non-communicable diseases which are unique to our situation. Being able to do our own research and domicile our own doctors in areas such as epidemiology, biomedical sciences, public health and genomics, which are the areas I would suggest the university focuses on, will be very important. As my colleagues have said, we have to reduce reliance on foreign funding. It is very important that this House, as we accredit this university, also gives it sufficient funding. Otherwise, we will be at the mercy of foreigners who fund our research, carry it away, produce actual products and then ship them back into our country.

Again, I support that this university should focus on postgraduate courses only. Otherwise, the next thing we will hear is that we have a KEMRI School of Nursing, and it starts competing with KMTC and other universities. We want to ensure that the college is well anchored to deal with the real issues. This will also assist us to retain top scientists globally, because right now, some of our big researchers are in American universities and other places. We will have a place where our top practitioners can feel they have a home in KEMRI. I support and we should go ahead and do it. This information coming after we talked about the Kenya

Advanced Institute of Science and Technology is music to my ears. This is how we are going to move forward as a country; not through wheelbarrows and oranges, but through this sort of practical institutions.

Thank you, Hon. Temporary Speaker.

On a point of order, Hon. Temporary Speaker.

The Temporary Speaker

: Member for Runyenjes, are you on a point of order?

Yes, Hon. Temporary Speaker. I rise under Standing Order No.95. Now that Hon. Members seem to have really contributed to this, can the Mover be called upon to reply?

The Temporary Speaker (Hon. Martha Wangari)

I have heard you, Hon. Member but allow me to indulge just three Members. I beseech them to only take three minutes each. Members for Makueni, Moyale and Kajiado South, in that order, then we close it. Member for Makueni, Hon. Suzanne Kiamba.

Thank you, Hon. Temporary Speaker. I also support this proposal. It is quite progressive, bearing in mind that this institution will fill a capacity gap in an area where we have none. I do not think we currently have any institution specialised in issues of human development sciences. Having such an institution will add value to this country. We will have people specialised and trained in this country, so that anybody who wants to study in this area, will do it here, instead of going outside and having capital flights. This is value-adding and we should support it.

Additionally, we realise that in the past, there have been many research studies that have been done in this country. These have tended to be very extractive, whereby they use our people to do the research. They mainly answer their questions and not ours. Once we have an institution of this nature in the area of human science, it will answer our key questions about health; and by so doing, we would be very innovative.

You also realise that innovation is becoming a business. When we, as a country, rely on innovations by other people, we are also losing out. So, by having an institution of this nature, we will actively participate in the international discourse on matters health, as this particular institution gives us that opportunity.

It will also add value to KEMRI now that they are doing a lot of research. Such a university will give them synergy and make them even more productive and as a result, Kenyans will also benefit. We are not forgetting the likelihood of employment opportunities. We are likely to enjoy after this institution comes into fruition because they will employ people at all cadres. This is an area where we have a big gap as a country. This is a proposal that should be highly supported. Having an opportunity of this nature will give us great synergy as a country in terms of networking and linkages because outsiders will become participants in international affairs such as matters affecting health. This will give us a great opportunity to also learn from others.

With those few remarks, I support this proposal.

The Temporary Speaker (Hon. Martha Wangari)

Very well. Member for Moyale.

Thank you, Hon. Temporary Speaker. I wish to support the award of the Charter for the establishment of KEMRI. Given a chance, the Charter will enhance advanced scientific research that is conducted by Kenyan scientists. When it is done, it will help in the advancement of humanity and improve the health of human beings. Through the Institute, we shall have enhanced North-South collaboration and conduct more. Currently, we are partnering with the Centre for Disease Control (CDC) and many other international organisations. However, when it has its own Charter, it will give people postgraduate training at masters and doctor of philosophy (PhD) . That will enhance the

visibility. Currently, if you look at Africa, the University of Nairobi is rated around number 950 and number one in Kenya. But if KEMRI does its own research and awards its own degrees, it will increase the visibility of the Institute. It will attract other people from different parts of the world to come and compete with other scientists. That way, we shall have helped the nation, education sector and we would increase competitiveness among the other training institutions.

With those few remarks, I support the award of the Charter to KEMRI Institute.

The Temporary Speaker (Hon. Martha Wangari)

Very well. Hon. Parashina.

Thank you, Hon. Temporary Speaker.

I also support the elevation of KEMRI to a university. This is a strategic investment for the future. Many countries in the world have bridged the gap between research and training by establishing a university. As I support, we also need to check the preparedness of future health pandemics. We saw the issue of COVID-19 that affected this country. It hit our country when we had no institution that could do research and training, which forced us to bring experts from outside. As we check on the high conditional compliance of the Commission for University Education, we need to check on the issue of healthcare innovation. Healthcare innovation cannot be achieved if we do not do research and training together. I totally support the establishment or elevation of KEMRI to a university.

With those few remarks, I thank you, Hon. Temporary Speaker.

The Temporary Speaker (Hon. Martha Wangari)

Mover, Vice-Chairperson,

Committee on Delegated Legislation, kindly reply.

Thank you, Hon. Temporary Speaker. I reply by thanking all the Members for overwhelmingly supporting this Motion. We are hopeful that very soon, this Charter university will be a reality. I can see that the direction this country is taking in promoting research. We are, indeed, headed to Singapore. A journey of a thousand miles starts with one step. I believe this is the right direction towards achieving that.

Hon. Temporary Speaker, I beg to reply.

The Temporary Speaker (Hon. Martha Wangari)

Hon. Members, we are going to reorder the Order Paper so that we proceed with Order No.12.

APPROVAL OF RATIFICATION OF DEFENCE COOPERATION AGREEMENTS

Hon. Deputy Speaker

Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations.

Hon. Deputy Speaker, I beg to move the following Motion:

THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its consideration of Defence Cooperation Agreements laid on the Table, and pursuant to the provisions of Section 8(4) of the Treaty Making and Ratification Act, Cap 4D, approves the ratification of the following Defence Cooperation Agreements:

Hon. Temporary Speaker, let me just highlight on this point of visiting troops. The House is alive to the British Army Training Unit Kenya (BATUK) issues. This House and the Departmental Committee on Defence, Intelligence and Foreign Relations had reservations on BATUK and particularly, where we as a society, are uncomfortable with human rights abuses. Reservations by the Committee have been given, and the Ministry of Defence did not sign the Defence Cooperation Agreement with the United Kingdom. As it is now, because of the reservations that this House gave, there is a lot of talk behind the scenes on how certain areas where Parliament considered very prudent, are addressed before we can actualise the Defence Cooperation Agreement. The reservations of this House have formed the basis of quietly rejecting a Defence Cooperation Agreement if they do not adhere to what Parliament has recommended. And that is why on the areas I mentioned, all the five Agreements considered, provide that visiting troops shall respect the laws of the host nation, and shall not engage in combat or internal security operations unless expressly agreed. That is a very important point that the Committee raised.

On institutional frameworks, each Agreement established joint committees on working groups to oversee implementation to ensure structured coordination and accountability. Notwithstanding the strength, the Committee identified critical gaps that inform the reservations which I would like to highlight. Number one is lack of standardisation. The Agreements do not follow a uniform template leading to inconsistencies in key provisions such as jurisdiction, environmental safeguards and community protection. Different countries have different ways of engaging a Defence Cooperation Agreement. As a Committee, we thought it would be good if it was standardised. We have a template that highlights on specific areas that we can cooperate on. So, as the Ministry of Defence engages on signing Defence Cooperation Agreement, there is a template that is followed, which touches on how to safeguard the environment, human rights and all the other safeguards that as a country, we feel should be considered.

Hon. Temporary Speaker, on matters of jurisdictional concerns, variations exist on how criminal jurisdiction over visiting forces is addressed, raising concerns regarding legal clarity and enforcement. This, we saw in the UK-Kenya Defence Cooperation Agreement, where it is still an issue to have a jurisdiction. As a Committee, our point is that when visiting troops commit a crime in the host country, they should be tried by the host. For instance, a murder case. There is no way we can have runaway murderer from the troops. The law should be that they should be tried in the country where they committed the crime, and that is a matter that we raised as part of the reservation. It is already a reservation that we have with the UK and we have raised on all the five countries that have signed this Defence Cooperation Agreement with Kenya.

On the issue of environment and community protection, we have used BATUK to benchmark. There was a young man called Sasura who was killed by an exploded ordinance. There are issues of environment, accusations of white phosphorus, a restricted substance that has huge damage to human life and animals. We have also highlighted on how they should be training in regards to the ecosystem. Wildlife is subjected to either abortion or are moved from the ecosystem because of explosions. There are no proper guidelines on how they can operate within such ecosystems. So, the Committee's recommendation is that when they visit the country, there should be specific areas for them to train. You cannot train anywhere. You cannot be training where animals are. We noted that some Agreements do not adequately provide for protection of local communities and environmental safeguards during defence activities.

Hon. Temporary Speaker, on stakeholder consultation, you will note that it is not a legal requirement that they consult the Ministry of Defence, but the Committee noted that for more structured and early agreements, relevant stakeholders are in negotiations of such agreements.

The most important fact emerging from this Report is that while these Defence Cooperation Agreements are strategically necessary and aligned with Kenya's national interests, they require stronger legal safeguards, standardisation and oversight mechanisms to fully protect Kenya's sovereignty and public interest.

The Defence Cooperation Agreements are extremely important. Countries, the dynamism of our politics and our security as a globe, keep changing. I think having several defence cooperation with different countries just helps in making the world a better space.

In conclusion, the Committee is satisfied that the Agreements will significantly strengthen Kenya’s defence cooperation, enhance capacity building, and defend regional security engagement. However, Hon. Deputy Speaker, in safeguarding national interests, the Committee recommends that the House approves the ratification of the Agreements subject to the reservations outlined, with regard to the need for:

Hon. Deputy Speaker

Hon. Martha Wangari.

Thank you, Hon. Deputy Speaker and our able Chairman, for that very eloquent moving of these different DCAs or Defence Cooperation Agreements between the Republic of Kenya and the French Republic, the Czech Republic, the People's Republic of China, and the Federal Democratic Republic of Ethiopia and Zimbabwe.

At the outset, I want to join my Chair in thanking the Committee. I think the whole process this time has been different for one reason: Despite the fact that the Ministry of Defence is not by law required to engage with the other ministries, we brought them to the table to be insightful and add value to these DCAs. The reason we involved these stakeholders is that they are the ones who are the line ministries. We met quite a number, including departmental heads from the Kenya Wildlife Service (KWS) , the National Environment Management Authority (NEMA) , because of the environmental issues, the Ministry of Interior and Coordination of National Government and the Kenya National Human Rights Commission (KNHRC) . We listened to and hear their views.

One thing that stood out when we did this very strategic engagement is that there was a need for more consultation in ensuring that we enrich these DCAs before they are implemented. These DCAs are to help Kenya's strategic positioning. We are living in a very dynamic and competitive security environment that is changing every day. So, we have to actually align. This is not the first time we are doing it, but it is the first time we can do proper public participation as regards Article 118 of our Constitution.

Something else that stood out is that maybe in future this House may need to look at the Treaty Making Ratification Act and our Standing Orders so that Parliament does not only become a conveyor belt. What I feel from many Members is that we are not able to really make amendments at this point because these are internationally negotiated instruments. They have gone through a process, some taking even years to get to where they are. So, Parliament is at the tail end. That is why we are only given very limited options in terms of either passing, rejecting, or passing it with reservations.

The one thing I would say that this Committee has done since last time, because I sat and still sit there today, is that we have increased the oversight as per our mandate, so that we follow up. It is also very important to note that this is a Committee that has conducted an enquiry that ran for almost one year to find out about the issues that came under and after the murder of Agnes Wanjiru in the British Army Training Unit in Kenya. So, from that experience, we engaged these stakeholders to ensure that we do a better job. Even as we pass this, we also record the reservations. It will be the job of not only this Committee, but also the House to follow up on the oversight.

The other issue that came out was that the Ministry does not have a standard template for the DCAs. Even as we deal with reservations, if you ask me, the DCA between Ethiopia was one of the best. They had isolated the issues that we had raised in BATUK. They said that if a soldier or any person commits any crime in the host country, they are tried under the host country's law. Because what we saw with Agnes Wanjiru's murder is a tradition before any consequences were faced by the person who was responsible, there is need to have this structural engagement. Let us have these non-negotiable and bare minimums put in every DCA that we pass as this House and as a country.

We have been very clear, as a Committee, that the reservations are that any offence that does not fall under the provisions of 13 above should be subject to the primary right of the host nation. For avoidance of doubt, the following offences are not considered offences arising from an act of omission in the course of official duty: Murder, sexual offences, anything to do with sexual and gender-based violence (SGBV), torture and cruelty, slavery and offences against a host nation's security. These offences should be tried in the host nation.

All these matters cut across all five DCAs. It is only Ethiopia that has not had this problem. If you look again at the French, we were very clear on community relations that the personnel of the visiting forces shall respect the traditions, customs and cultures of their local communities. This also extends to the environmental issues that were raised by the KWS. The issue of the fires we saw in Ol Daiga during the BATUK operation is not repeated.

The other reservation we have is that every DCA must have an environmental protection clause. This should be applied to all the DCAs. Any DCA coming to the Committee and the House should have at least all the definitions of the preliminaries, the exemption of the criminal issues that are not in the course of duty, issues of community relations, so that we also take the community with us, and environmental protection.

The other issue we talked about, especially with the French, is the provision of training areas. As a Committee, we felt it should be very clear that it must be gazetted to be the training area. This was also to enable the host country to do any inspection they wish at any time they wish. That is why we said, even in Ol Daiga, Laikipia, we should have had NEMA have access in case there are issues to be raised. The issue of joint committees cuts across all five DCAs,

but the concern of the Committee was that the membership needs to also include the community and State departments responsible for the issues being discussed.

Finally, I want to say that this Committee, with these extensive deliberations, however, put it to the Cabinet Secretary for Defence, whom we also met, that they must have a template. Secondly, in the whole government approach, they must involve the line ministries in the negotiations. That way, they do not complain that they did not know what was being done. If we do that, it will be neater, tidier, and the oversight of this House will be easier, and we will be accountable to the people of the country.

I thank you, Hon. Deputy Speaker, and I second.

Thank you, Hon. Deputy Speaker. In relation to what Hon. Rindikiri was asking, allow me to request that all of us be given three minutes on this because it is a rather straightforward matter. I will just take two minutes, if that is agreeable with you.

Hon. Deputy Speaker

Okay, let us proceed.

Hon. Deputy Speaker, mine is to support these defence Agreements. There are five very strategic Defence Agreements with the Czech Republic, China, Ethiopia, Zimbabwe, and the French Republic. I say strategic because many of them are not just dealing with normal training, the traditional training. Some are dealing with cyber security. For instance, if you look at the one with Zimbabwe, it deals with cyber security. There are those, like the one with France, that deal with marine surveillance and space. These are new areas which we need to share knowledge and skills. Therefore, they will be very instrumental in the development of our security and defence systems in the country. They will also enhance the capability of both our defence forces and those of the partner countries, whether France, Zimbabwe, or Ethiopia.

The one with Ethiopia particularly will help us deal with security issues along the Marsabit-Moyale border and also the road from Moyale coming to Isiolo. We have had challenges of proliferation of drugs, especially hard drugs, coming all the way to Isiolo and parts of Nanyuki. Therefore, this Agreement also touches on issues affecting that border from Marsabit to Moyale. It will also help us counter spillover threats of Al Shabaab across the Ethiopian border and reinforce our commitment to the Intergovernmental Authority on Development (IGAD) framework and collective regional stability.

I also support this Agreement because the reservations that the Chair, the Mover, and the Seconder, Hon. Wangari, have spoken to address some of the pertinent issues that have been problematic to many Kenyans in relation to Defence Cooperation Agreements. The case in point is the polluter-pays principle. If anyone pollutes our environment whether during training or in the disposal of firearms, weaponry, equipment or gear that you are using, then they must pay for it. Including this in the Agreement is commendable, and I want to thank the Committee for it.

You remember the British Army Training Unit Kenya issue involving Agnes Wanjiru. This is also being addressed. I thank the Committee for being sensitive to the plight of Kenyans in areas where these forces train or engage local communities. The Report also addresses protection of wildlife and conservation of conservancies where many of these officers train. There are also issues touching on Customs Duty and Value Added Tax (VAT) exemptions for allied forces. I agree with the Committee in their Report that we need a clear definition of who

our allied forces are. This is so that we do not have a blanket exemption on Customs Duty or VAT for things coming into the country without paying duty.

With those few remarks, allow me to thank the Committee for the good work they have done. They have demonstrated in their Report that they put effort into ensuring that our interest as a country come first ahead of anything else. This applies to matters of pollution, taxation, and defence of the people of Kenya. If anyone commits a crime within Kenyan jurisdiction, they should be tried on Kenyan soil so that what happened in the case of Agnes Wanjiru never happens again.

With that, I support.

Hon. Deputy Speaker

Thank you. Hon. Members, I think we had agreed that it will be three minutes each and we have three people who have raised their hands. Hon. (Dr) Oundo will be first. He will then be followed by Hon. Passaris and Hon. Zamzam after which we can ask the Mover to reply.

Thank you, Hon. Deputy Speaker, for this opportunity to also support the Report by the Departmental Committee on Defence, Intelligence and Foreign Relations on the Defence Cooperation Agreements. It is gratifying that the Government has found it fit to bring these Agreements to the National Assembly for ratification. Many times, the relevant ministries proceed and sign these Agreements without regard to the people of Kenya. Noting the importance of Defence Cooperation Agreements, this is a positive step that we must embrace as a country and as Parliament.

I am also gratified that the Committee has had the courage to raise areas of reservation. I hope and believe that the final documents will be signed after those reservations have been considered. These Defence Cooperation Agreements are extremely important for purposes of security of the country and also for support in the event of any eventuality. However, we must always guard and put the interest of the people of Kenya as first priority and the interest of foreigners secondary to our interest. What has always happened in Laikipia County under the BATUK arrangement is an eye-opener. Any future defence cooperation must be reinforced and insulated against human rights abuse all over this country.

I can see here that we are signing a Defence Agreement with Ethiopia. Many of us know that militias based in Ethiopia have at times crossed over the border, caused mayhem, killed people and stolen livestock in parts of Kenya. We hope this Agreement will stem and stop this kind of aggression, so that we can live in peace as good neighbours.

With those remarks, I support.

The Temporary Speaker (Hon. Martha Wangari)

Very well. Member for Mombasa County.

Asante sana, Mhe. Spika wa Muda. Nami naunga mkono Kamati iliyoshughulikia Ripoti hii ya kuweza kuleta masuala ya usalama ambayo imetiwa sahihi na mataifa matano yakiwemo Uchina, Ufaransa, Czech Republic, Uhabeshi na Zimbabwe. Kwa sababu nimesoma na kuona kuwa haya ni masuala ya mafunzo ya usalama, nataka kusema kwamba ni kweli pia vitengo vyetu vya usalama vikipewa mafunzo kuhusu vifaa tofauti na kuelewa namna ya kuvitumia, huwa ni jambo zuri sana. Hii hutusaidia kujitayarisha kwa maisha ya mbeleni. Hatuwezi kujua ni kitu gani kinaweza kutokea.

Nimeona pia sheria imezingatia vizuri masuala ya mazingira. Ikiwa wanajeshi ambao watakuja watavunja sheria, vitengo hivyo viangalie hatua gani itachukuliwa. Wengi hukuja Kenya kutoka nchi zingine na tunapata cases nyingi za utovu wa nidhamu. Wamefanya mambo mengi mabaya. Kama watakuja Mombasa, sitaki kupata cases kwa sababu watakuja kutoa mafunzo kwa vitengo vyetu vya usalama.

Pia tukiangalia mipaka yetu, mambo mengi yametokea. Wenzetu wa Kenya wanahitaji usaidizi kuangalia hayo mambo. Wanahitaji intelligence na masomo ya hali ya juu ili wapambane na haya mambo. Hawa wanajeshi watakuja kuwapatia mafunzo mazuri ya kutumia vifaa vipya na kuchunguza mambo ya cybercrimes. Wengi wetu tumekuwa tukipeleka cases lakini uchunguzi unachukua muda kwa sababu hakuna uelevu zaidi. Ninapongeza juhudi hizi. Wakikuja, wajue kuna sheria za Kenya, wakae na sisi kwa amani na watii sheria zetu.

Asante sana, Mhe. Spika wa Muda.

The Temporary Speaker (Hon. Martha Wangari)

Asante. Mbunge wa Kajiado Kusini, Mhe. Parashina. He does not want to contribute to this Motion. Mbunge wa Gichugu.

Thank you, Hon. Temporary Speaker. Let me echo my colleagues in supporting the Report of Departmental Committee on Defence, Intelligence and Foreign Relations. As you have highlighted in your contribution, it is high time we amended the relevant Act to enable Parliament to participate during the negotiations, so that at least if there are any amendments that need to be done before a treaty is signed, this Parliament has a say.

After ratification of the Defence Cooperation Agreements, I implore this Parliament to invest enough resources for the oversight role. The implementation of some of these Agreements may be domiciled outside this country. Because of the limited resources, we may not follow up and see how Kenyans are benefiting from them.

For example, I participated in the approval of the Kenya-United Kingdom (UK) Trade Agreement in the last Parliament, the Kenya-European Union (EU) Agreement and also recently the Kenya-United Arab Emirates (UAE) Comprehensive Economic Partnership Agreement (CEPA) . Sometimes, we may not have a good track on how Kenyans are benefiting out of these Agreements. On this matter of security, I support that all people who have operations within this country must be answerable to the laws of the land, whenever they commit crimes against Kenyans.

With those few remarks, I support the Motion.

The Temporary Speaker (Hon. Martha Wangari)

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute. I rise to support the ratification of the Defence Cooperation Agreements, as tabled by the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations between Kenya and the Government of the French Republic, Government of Czech Republic, the Government of the People's Republic of China, Government of the Federal Republic of Ethiopia and the Government of the Republic of Zimbabwe. I commend the Committee for identifying the critical gaps that inform the reservations contained in the Report.

Firstly, there is lack of standardisation. The Committee observed that the Agreements do not follow a uniform template, leading to inconsistencies in key provisions such as jurisdiction, environmental safeguards and community protection. The move to develop a standardised template is, therefore, important so that all Defence Cooperation Agreements Kenya enters into adhere to minimum safeguards, including protection of human rights, environmental standards and the clarity of operational limits for visiting forces. Secondly, there is jurisdiction concern. Variations exist on how criminal jurisdiction over visiting forces is addressed creating legal uncertainty. The House must be clear that crimes committed on Kenyan soil must be subject to Kenyan law. Serious offences, including loss of

life, cannot be handled outside our jurisdiction. Sovereignty and justice for victims require legal clarity within these Agreements. Thirdly, there is environmental and community protection. Defence Cooperation Agreements must not compromise ecosystems, wildlife and local communities. Training areas must be clearly designated. Environmental safeguards and forced accountability mechanisms must be put in place to prevent harm to communities and biodiversity. Finally, on stakeholder consultation, the Committee emphasised the need for structured and early engagement of relevant institutions during negotiations. This strengthens transparency and ensures the Agreements reflect national interest. These Defence Cooperation Agreements strengthen Kenya's security partnerships, while the reservations ensure protection of the sovereignty of communities and environment. With those remarks, I support the Motion.

The Temporary Speaker (Hon. Martha Wangari)

Very well. I will indulge the Member for Navakholo to close this debate.

Thank you, Hon. Temporary Speaker. First and foremost, allow me to congratulate the Chairperson of the Committee and the Temporary Speaker for their input. You are a Member of the Committee. I was very encouraged when you contributed and spoke to the reality. You have made the best contribution, based on the issues that happen in BATUK.

I traded with BATUK in my earlier life. Going into their camp is like getting a licence, permit or visa to go to the United Kingdom. With what you have done, at least the host country can go into the military installation of a serving country, which is a good thing. What has come out which is very good. It is the issue of safeguarding our culture, so that these forces that are coming to train our people do not erode it. They are not coming to influence what we go through. Instead, let them get concerned and do exactly what they have been assigned to do.

Finally, I thank the Committee for their recommendations. Once these Defence Cooperation Agreements are ratified, for example, between Kenya and the Government of the French Republic or any of the listed countries, it is mandatory that they have to observe environmental protection. The world is changing because of our activities. Most of these forces destroy our environment and impact our soil negatively, and then they go away leaving us in danger. This is a good thing. I thank the Chairperson and the Departmental Committee on Defence, Intelligence and Foreign Relations. They have made us have a very good understanding of the Defence Cooperation Agreements.

I support the Motion.

The Temporary Speaker (Hon. Martha Wangari)

Very well. I call upon the Mover to reply.

Thank you, Hon. Temporary Speaker. I take this opportunity to thank my Committee. We did this exercise when the rest of the Members of the National Assembly were on recess. I thank the Committee for their effort and being there to have such a good Report. I thank the staff of this Committee and most importantly, colleagues, for their positive contribution towards these Defence Cooperation Agreements. I end it there.

Hon. Temporary Speaker, I reply.

The Temporary Speaker (Hon. Martha Wangari)

Hon. Members, we will now go back to Order No.11.

THE SPECIAL ECONOMIC ZONES (AMENDMENT) BILL

The Temporary Speaker (Hon. Martha Wangari)

The Leader of the Majority Party.

Thank you, Hon. Temporary Speaker. I beg to move that the Special Economic Zones (Amendment) Bill (National Assembly Bill No. 8 of 2026) be now read a Second Time.

This is a very short Bill, but very consequential in the development of our nation. I say consequential because this Bill comes as a direct response to the resolutions of the House when it adopted the joint committee’s Report on the Field Development Plan for Blocks T6 and T7 in the South Lokichar Basin. You will recall that there was a joint committee of the Departmental Committee on Energy and the Public Debt and Privatisation Committee, led by the Hon. Gikaria and Hon. Shurie, respectively. They considered the Field Development Plan for South Lokichar and tabled a comprehensive Report to enable Kenya to become an oil- producing country. Oil was discovered in parts of Turkana County years ago under the former President Mwai Kibaki regime. However, there have been hurdles towards the actual drilling and production of oil in that region. We currently have challenges because we have oil that we are importing from the Gulf region. With the ongoing war in the Gulf, you can imagine the risk posed to our country. It is, therefore, imperative that we begin our own oil production as soon as possible.

The primary intent of this Bill is to address specific legal and fiscal gaps that have hindered the commercial development of oil reserves in Turkana County. It introduces several legal and fiscal interventions that will help us develop the oil sector. The Bill seeks to amend the Special Economic Zones Act and align our investment framework with the operational realities of large-scale, capital-intensive petroleum projects. It expands the scope of Special Economic Zones (SEZs) to include oil and gas sectors, allowing oil developers and operators in these zones to undertake enterprise activities in both upstream and midstream petroleum sectors. Currently, the SEZ framework does not incorporate oil and gas, this being a new area of industrial operations in this country.

The Bill specifically expands the scope of SEZs to include midstream and upstream petroleum investment incentives. Clause 2 introduces definitions of upstream and midstream petroleum operations to ensure the SEZ framework mirrors the sector’s primary legislation, which is the Petroleum Act. You see a lot of cross-referencing with the Petroleum Act, which is the parent Act.

Clause 3 amends Section 4 (6) of the mother Act to add the two new zones, the midstream petroleum operation zones and upstream petroleum operation zones, formally recognising them as permissible SEZ designations. Section 4 (6) is being expanded to include entities operating in midstream petroleum operation zones and upstream petroleum operation zones.

The Bill also introduces a New Subsection 5A, which provides for long-term investor certainty by mandating a minimum of a ten-year licence for petroleum zone operators. Previously, we have had annual licences. Oil and gas development is a capital-intensive industry. Production of oil, which involves drilling and pumping for refining through the LAPSSET Corridor, cannot be undertaken as an investment of a few million shillings. This requires hundreds of billions of Kenya shillings and hundreds of billions of dollars. We need to give investors the confidence that they can recoup their investments in the short-term and

long-term. This is not an investment that you can recoup your investment capital in a year or two. Therefore, annual licenses create uncertainty among investors. Investors should know that their investment is protected for, at least, a period of 10 years and they will enjoy the incentives that exist under the SEZs. Therefore, this New Subsection 5A creates that certainty.

Hon. Temporary Speaker, there have been rigid requirements that a developer in a SEZ or an enterprise operating within an SEZ must be incorporated in Kenya. Some of the amendments ensure that this space is opened up and that one does not necessarily need to be incorporated in Kenya. This amendment opens up the space for foreign companies. As a nation, we pride ourselves for being an attractive destination for foreign direct investment, in the south of the Sahara and north of the Limpopo. Therefore, we cannot maintain that, if we limit foreign investment by saying that simply because you are not incorporated in Kenya, you cannot enjoy the incentive in the SEZs.

Given that this is a capital-intensive sector, we must encourage as many foreign players as possible to come in and invest in the oil and gas industry in our country. The amendment seeks to allow international entities to participate through their registered branches, thus removing the legal inconsistency by allowing foreign incorporated companies to qualify as SEZ developers without the pre-existing mandatory requirement of a separate local subsidiary, provided that the foreign entity is registered in Kenya. You do not need to have a local subsidiary incorporated in Kenya. If you are a foreign entity, you can register in Kenya and carry on business within an SEZ and it will be allowable should this law come into force.

I am being reminded by the Vice-Chairperson that this requirement conforms to the amended Companies Act. Hon. Temporary Speaker, you were with me in the last Parliament when we amended, through the Business Laws (Amendment) Act, the Companies Act. The other thing in this amendment to the Special Economic Zone (SEZ) Act is the fiscal incentive that I spoke about, or the fiscal gaps that have existed. Again, being a very capital-intensive industry, you need incentives in Income Tax, Value Added Tax (VAT), and miscellaneous fees and levies under the SEZ Act. Amendments to this Act will allow, for instance, oil drilling. The production of oil requires not just capital-intensive equipment, but also extremely heavy equipment that is even difficult to move on our roads. You may need to move the drilling rigs. I hear they are called ‘work-over rigs’. They are used after drilling. Normally, they are moved from one well to another. The rigs are very expensive and very heavy. Therefore, they need to be moved using rail transport. We will be seeking also to exempt the movement of this heavy equipment so that we can protect our roads.

We want to protect the low volume roads from destruction. A good example is the road in Turkana. If you were to move all this heavy equipment using our roads, like the road that we have just done from Ngong’ through my constituency to Suswa, the road goes through Kimana, one rig would require about 18 trucks to be transported through the Southern Bypass. The trucks would have to go through Ngong and use the road I have just mentioned. Remember it is a low-volume seal and so, it will face destruction. The alternative is to move the rig using the SGR all the way to Suswa and disassemble it at the inland container depot at Suswa and then move it in broken-down units all the way to Lokichogio.

With the investment we are doing on the SGR all the way to Kisumu and Malaba, it is possible to transport the rigs safely. Now you can go and break down these things in Kisumu, take them through Eldoret, Kitale, all the way to Turkana. Therefore, we want to exempt them under the Miscellaneous Fees and Levies Act from things like the Railway Development Levy. When you are moving such equipment that is meant to develop our oil and gas sector in Turkana, then you will be allowed those exemptions. You will not be required to pay the Railway Development Levy.

We also seek to amend the Value Added Tax (VAT) Act to extend zero-rating to supplies made to SEZ developers and operators. It should not just be about enterprises. Today,

we allow enterprises operating under the SEZ to enjoy zero-rating of their supplies, but we now want to include SEZ operators. So, those who will be operating within the oil and gas sector, whether midstream or upstream, stand to benefit.

Concerning the Income Tax Act, we want to remove the ten-year establishment cap on Withholding Tax exemptions for royalties and management fees paid to non-residents. As I said, this is a new sector or a new space for our country. I know the country has invested in the last six or seven years in trading of oil and gas. However, we still have a huge gap and once we go to commercial production of oil, we will need a lot of skills and experienced staff. Therefore, you need to allow a bit of space, especially on Income Tax, for people who are coming to work there. Royalties and management fees concern the consultants who are working, say, in Turkana, but the companies are domiciled in the United Kingdom, United States of America or in the Gulf states. Those companies, over the years, have developed very good expertise and skills in this area.

I am glad that the joint committee and even the Departmental Committee on Trade have recognised that aspect of development. We need to do a lot of skills transfer so that even as we bring in consultants and our expertise, we also train our young men and women in the country. I hope the committees will follow through the post development of this area so that we have good skills transfer.

As I conclude, let me talk about the stakeholder engagement and public participation that was done on the Bill. I thank the Departmental Committee on Trade for the very intensive public participation that was carried out. The Committee had very detailed engagements with the stakeholders. It met with the Kenya Private Sector Alliance (KEPSA), the Kenya Association of Manufacturers, the Council of Governors, and many other stakeholders. I noted what was sought much was the universal extension. Many of the stakeholders wanted the 10-year licence and tax pacts extended to all SEZ sectors. This was rejected in the Committee's Report, with the argument that such a broad shift requires a separate sector-by-sector risk analysis to prevent land speculation. I want to agree with the Committee. It is, indeed, true that if you opened up these parts to everybody in the SEZs, there are those who will not be investing in very capital-intensive things. There are stakeholders who came before the Committee and sought to even include educational institutions in this category. Really! To establish an educational institution within a SEZ! I only need four walls to build a classroom!

The most complicated thing to build is what we are doing with the National Government Constituencies Development Fund (NG-CDF). We are constructing laboratories, but they are not as capital intensive as having to buy a drilling rig that will cost, probably, USD$ 10 million. Therefore, we cannot put them on the same pedestal. I also know there are people who have pushed the narrative that even housing should be included under that category.

(Laughter)

going to do with the natural resources that have been discovered in their areas? Do we tell them that even the expatriates who will come to work there will be expected to live in manyattas? That, indeed, was the reasoning behind the investment in affordable housing across the country.

Now the people of Turkana will appreciate having in South Lokichar affordable housing. I want to encourage the people of Turkana, even if you do not hail from South Lokichar, please, when the Government of Kenya is doing affordable housing, buy that affordable house and lease it or rent it out to the expatriates who will be coming to work there or even engineers from Nairobi who will be working in South Lokichar Basin. The workers will live in Airbnb owned by young industrious Kenyans from Turkana County or from neighbouring counties.

If you see affordable houses being sold in Turkana, run and buy because very soon, it will be pesa mfukoni, as we said when we were campaigning that kazi ni kazi, pesa mfukoni. Pesa mfukoni did not mean that we will get money and give to people to put in their pockets. It meant policy shifts and changes that would bring investments and put money in people's pockets. There is no other way of putting money in people's pockets other than through this kind of legislative changes. These legislative proposals are changing what were otherwise considered to be marginalised and forgotten corners of our country to become the new frontiers of development and economic growth of our country.

Turkana County is the future of this country, whether it is in regard to the development of oil and gas, or the development of the rich water resource that has been discovered there. This county and others in western Kenya, especially Ikolomani area, where the Chairperson of this Committee comes from... In Ikolomani, the other day, people were fighting over investors who were coming to invest in the gold mines. It has been discovered that Trans Mara, Marsabit, Turkana, and West Pokot, what were otherwise marginalised and forgotten corners of this country, now hold natural resources that will, in a big way, contribute to the development and economic growth of Kenya.

Hon. Temporary Speaker, we must never allow the hate-mongering that you see with some of the characters in the opposition. The ethnic bigotry that we see with them must never be allowed because, as a leader, I appreciate that it is that young engineer from Kikuyu who is studying oil and gas at Bath and Leeds University in the United Kingdom who will come and miss an opportunity to work in oil and gas in Kikuyu because there is no oil and gas there. Or that young lawyer who is studying environmental law and oil and gas law in a university in Australia, who hails from Wamunyoro Village, will have no opportunity to work in the oil and gas sector in Wamunyoro. They will go and seek opportunities in Turkana. They will go and live with fellow brothers and sisters, fellow countrymen, and not just people from their villages.

That is why we must continue, as leaders, to encourage the young people of Kenya not to listen to hate-mongers and ethnic bigots who want to make them believe that where they hail from, they are more superior than other Kenyans. We must make them appreciate the length and breadth of this country and know that resources exist in many other corners of the country other than where they hail from. Even employment, job opportunities, and wealth creation opportunities that exist will be found in places like Mandera and Turkana. The investment opportunities for business people whether in logistics, provision of services like transportation, movement of rigs, or the food and beverage industry are immense. The thousands of people who will be working in this field development region in Lokichar must eat, yet the people of Turkana are not producing all this food. It will take a farmer in Murang’a to produce coffee that will be sold to those people working in Turkana. It will take a farmer in Nyandarua to produce potatoes that will go and feed those people there, and they will make a living out of it. That is why we must never allow hate-mongering and ethnic bigotry to take centre stage in the politics of our nation.

I want to urge the House that this being a consequence of our own product... I said that this is a consequence of a Report that was adopted by this House and the field development plan that was tabled by the joint committee. There is need to support this Bill, not just for the sake of supporting it because it is sponsored by the Government, but because it will be transformational in our country. This is what will help us realise, before the end of this year, God willing, should we pass these laws, the first oil from the wells in Turkana County. God forbid should there be another war in the Gulf, and we do not know when this one will end, we can backstop our oil reserves with what we are producing locally. I know the naysayers think these are stories. Just like when we spoke about housing, you remember they were criticising the Housing Levy. They said it would become a slush fund for President William Ruto and his cronies. To date, the people of Kenya across the entire country from Funyula to Kikuyu testify that, indeed, the Housing Levy is transforming this country. It is developing markets for the mama mbogas that we promised to uplift from mavumbini to dignified places of trade in modern markets that have cold rooms and… What do you call those designated areas for feeding young children? I have forgotten the name.

The Temporary Speaker (Hon. Martha Wangari)

Creches.

Yes. The pronunciation depends on where you come from. Those who come from Nyeri will pronounce as ‘kireshe’.

(Laughter)

listen quietly without reacting. When it comes to voting, they choose the right leaders who carry their interests and aspirations at heart but not those who speak to the gallery, imagining that they are exciting. History is replete with political rejects who spoke with a lot of bravado in our community, calling themselves heroes and heroines, and they ended up in the political garbage bins. Even these ones will suffer the same fate. Watch this space.

I want to address those who were referring to me as a young leader. How can a single term Member of Parliament refer to me as young? He called me “kijana”. You only refer to people who are the age of your children as “kijana”. You were elected just the other day and found me in this House serving my second term. I am serving my third term and I am headed to my fourth term. You now refer to me as “these young people”. I might look young, but my brain and intellect are way beyond yours, my friend. When you were stealing relief food, I was a student at the Alliance High School. When you were presiding over the murder of people from your community in 1992, I was still a student. When you were stealing from your brother, I had just graduated from the university. Therefore, these thieves should know people well.

Hon. Temporary Speaker, allow me to move this Bill because it will transform this country. I urge Members to pass this Bill quickly to help us realise that long-held dream of President Mwai Kibaki, who was a visionary leader. He hailed from Nyeri County, but never once did I ever hear him converse in public in the Kikuyu language because he realised he was a national leader. He carried the aspirations, not just of the people of Nyeri and the Mount Kenya region, but of the entire nation. That is why today we remember President Mwai Kibaki with a lot of admiration. He never demonstrated any bravado or chest-thumping as a leader of a community.

First, who told you that you are a leader of a community if you cannot even lead a family? All you can do is steal from your family. How can you lead a community when all you can do is steal from your brothers, orphans and widows? You jail your nephews and nieces because you hold a position of influence in the Government, so that you can steal from them. You now claim you can lead people. I want to repeat what the President said: you will lead nobody. You will lead nowhere.

Let us pass this Bill so that the people of Lokichar in Turkana, and most importantly, our nation, develop a new oil and gas industry. The Bill deals with the existing hurdles or gaps that prevented us from exploiting the full potential of the oil and gas sector. After Mwai Kibaki’s presidency, we wasted 10 years during which nothing was done. People just sought to strike deals with Tullow Oil. When it backfired, they were left insulting everybody in town. President William Ruto has ensured that we have investors. Some have taken offense at this because some investors come from this region.

Some people recently attempted to import very expensive fuel. The fuel being imported by One Petroleum Limited was going to land in our petrol pumps at Ksh43 above the Government-to-Government (G-to-G) fuel. The company’s owners bribed some loud-mouthed joker and one Member of Parliament to start shouting all over saying that we are protecting the G-to-G oil deal for other interests. The G-to-G oil deal has worked for this country. Today, almost more than a month since the war in the Gulf began, fuel prices in the United States of America (USA) have gone up. We have been able to moderate our fuel prices because of the preferential agreement that exists under the G-to-G oil deal. I heard one confused Member of Parliament and that ethnic bigot telling us that the G-to-G oil deal is not beneficial to the country.

I must support what Cabinet Secretary Wandayi said yesterday. Oil marketers who are hoarding fuel in upcountry stations must desist from that behaviour. As the Ministry said, there are adequate supplies of fuel in our country. Some are hoarding the oil imagining that fuel prices will go up immediately. I even saw one confused element daring the Government. You are daring the Government as who? Naturally, if there is an oil supply shortage in the Gulf

region, fuel prices are bound to go up at one point or another, but let us not allow criminals to use the war in the Gulf to do what they attempted to do the other day.

I thank the Government for taking quick action because had that not happened, we would be buying expensive fuel ahead of the Energy and Petroleum Regulatory Authority (EPRA) review. However, to safeguard or mitigate that risk in future, we must be futuristic. God willing, by the end of this year or early next year, after the passage of this Bill, we will be able to see the commercial viability of our oil in Turkana.

I beg to move and request the Chairman of the Departmental Committee on Trade, Industry and Cooperatives, the Member for Ikolomani, to second. His constituency has vast natural resources of gold. He is working on amendments to the Mining Act to ensure that the people of Ikolomani benefit from their gold.

The Temporary Speaker (Hon. Martha Wangari)

Let us have Hon. Bernard Shinali.

Thank you, Hon. Temporary Speaker. The Leader of the Majority Party has presented the Bill very well. He has walked us through the Bill and the Report. Let me just add a few details, as I second.

The Special Economic Zones (Amendment) Bill (National Assembly Bill No. 8 of

The Temporary Speaker (Hon. Peter Kaluma)

Next is Hon. Wilberforce Oundo.

Hon. Temporary Speaker, some people on my right side of the chamber are worried. I do not know why they are worried. Can you protect me so that their eyes do not bewitch me?

The Temporary Speaker (Hon. Peter Kaluma)

I gave you preference because I am duly informed that you are a Member of the Committee.

Yes, I am a Member of the Committee, Hon. Temporary Speaker.

As the Leader of the Majority Party and the Chairperson of the Committee have said, the Bill before us is tailor-made to address the recommendations of the Report of the Joint

Committee of the National Assembly Departmental Committee on Energy and the Senate Standing Committee on Energy on consideration of the field development plan and production contracts for Blocks T6 and T7 in South Lokichar Basin, Turkana. Among the recommendations contained in that Report was to extend the application of the incentives and the legal and regulatory framework of the Special Economic Zones to upstream and midstream petroleum operations. Essentially, this Bill is like going to a tailor to have something specifically fitted to suit you, specifically for you, not for anybody else.

This is in pursuance of the production sharing contracts between the Government of Kenya and the Gulf Energy EPBV that were signed on 24th November 2025. One of the clauses in the Agreement is new Clause 32A, which requires that the Government of Kenya exempt the operator, and not the operations, from VAT, Railway Development Levy, Import Declaration Levy, Withholding Tax on services, and interest on loans. That Agreement was signed on 24th November 2025.

Instructively, the Bill thereafter followed the joint committee. You remember that before we went for recess, the framework and the development plan were presented here. The Bill was then published on 26th February 2026. The speed at which this syllabus is moving is typical of matters in which certain individuals in this country have self-interest.

I want to clarify a point that the Leader of the Majority Party has raised, which is completely misleading and could amount to misinformation. Clause 27(6) of the contract requires that all crude oil products be lifted by the contractor for marketing by the contractor elsewhere. Crude oil. So, the idea that the incentives we are providing will reserve for us some kind of strategic reserve is misleading. It is not correct. It is false. We need to make it very clear. I want the people of Kenya to know that the crude oil we will extract from Lokichar is going to be exported and sold to buyers outside the country. They will then refine it and sell it to any other country, or even sell it back to Kenya.

The Temporary Speaker (Hon. Peter Kaluma)

Hon. Oundo, which clause is that?

I hope you have the production sharing contract. This is not in the Bill. I am just giving the background.

The Temporary Speaker (Hon. Peter Kaluma)

No, we are looking at the Bill.

The Bill arises from the recommendations of the Report by the joint committee.

The Temporary Speaker (Hon. Peter Kaluma)

So, if you have picked that from Report, are you saying that you will bring some amendments to the Bill?

Yes. I am building my case, Hon. Temporary Speaker. In international parlance, the incentives being given here are called ‘tax expenditures’, where a country foregoes tax revenue hoping to get some other benefits such as employment and cheaper prices on a product. Based on the Report by the National Treasury, the tax revenue to be lost is close to Kshs46 billion.

The Temporary Speaker (Hon. Peter Kaluma)

Order, Hon. (Dr) Oundo. There is a point of order from Hon. Parashina Sakimba.

Thank you, Hon. Temporary Speaker. I rise under Standing Order 91, which requires a Member to give factual basis for any statement made in this House. We are discussing the Bill. We are not talking about the production sharing formula. Hon. Oundo is insinuating that the Bill is totally directed towards Gulf Energy E&PBV, which is very wrong.

Hon. Temporary Speaker, I urge you to direct that since we are debating this Bill, we be specific to the Bill. We should not be telling the country that we are enacting this Bill to serve the interests of Gulf Energy Kenya. This Bill can serve another upstream contractor. Therefore, we are not going to keep referring to something that was done in the joint committee. That is not a Bill. It was the other suggestion that came to this House.

The Temporary Speaker (Hon. Peter Kaluma)

You have made your point. Hon. (Dr) Oundo is guided. Hon. Oundo, you have noted that I raised the concern about the clause of the Bill you were referring to. Your statements should relate to a clause in the Bill and to how we can make the Bill better.

Hon. Temporary Speaker, let us look at the objectives of the Bill. The Memorandum of Objects and Reasons of the Bill read as follows:

A framework in order to strengthen the special economic zones framework and align it with the operational requirements of large-scale capital investment, including investments in midstream and upstream petroleum operations. We have only one upstream operation at the moment. Therefore, this is a trigger. Whoever comes later will benefit from it. This is the trigger. There is no other trigger. If we did not have this, we would not be talking about this Bill, and these amendments would not have come at all. This is what I want Kenyans to understand. It is as simple as that. No other issues.

According to the analysis by the National Treasury, Kenya is going to lose Ksh46.8 billion in the project relating to Blocks T6 and T7. By their own admission, they were unable to tell how much of the 85 per cent revenue sharing Kenya will get, because they say they do not know what is underground. Period. I attended the public participation exercise and I read the Report. The facts are even in the Report. The Committee made those observations in its Report.

It is good to make laws to address a specific emerging issue, but laws must be made in perpetuity.

The Temporary Speaker (Hon. Peter Kaluma)

Just a minute, Hon. Oundo. Looking at Clause 3, which you referred to, the Special Economic Zones Act is being amended through this Bill to include subsection (k) in respect of midstream petroleum operations zones and upstream petroleum operations zones. The concern being raised is that this is not specific to any individual company, whether Gulf Stream or otherwise. It is intended to expand the purview of the Bill to cover these matters. So how do you tie it to a single issue?

Hon. Temporary Speaker, if God gives you a child that is differently-abled, and you buy equipment or gadgets for the purpose of aiding that child to live, what does it tell you? With those gadgets, do you hope to get another differently-abled child? Let us be very factual and honest.

I have given the background. It is very important for the nation to understand. Allow me to now speak to the Bill.

On a point of order, Hon. Temporary Speaker.

The Temporary Speaker (Hon. Peter Kaluma)

Hon. Oundo, I know you want to speak to the Bill, but the Vice-Chair of the Committee is on a point of order. What is out of order?

Thank you, Hon. Temporary Speaker. Hon. Oundo has raised the point that the country stands to lose Ksh46 billion. I want to clarify to the House that the Committee had a session with the Kenya Revenue Authority (KRA) , who said there will not be a Ksh46 billion loss. At that point, they noted that the extraction of the oil will bring revenue streaming into the country. However, they could not quantify the revenue the country will get vis-à-vis the expenses that will be waived until the oil is extracted.

The Temporary Speaker (Hon. Peter Kaluma)

Hon. Oundo, proceed.

Hon. Temporary Speaker, I can substantiate and let you rule on record. I will pick the joint committee’s Report, and she can

also pick her report and let the House determine who is telling the truth and who is lying to Kenyans.

The Temporary Speaker (Hon. Peter Kaluma)

Hon. Oundo, on every Bill, there is a financial implications statement. In respect of this Bill, having gone through the parliamentary processes, it is said that the enactment of this Bill will not occasion additional expenditure of public funds. Are you saying that the reality is to the contrary?

Yes, it is to the contrary. I can extract the Report that was tabled, debated and approved by this House. I can pick it and submit it on Tuesday when the House sits again.

The Temporary Speaker (Hon. Peter Kaluma)

I will not require you to substantiate at this stage. We are in general debate. Please, proceed.

The Bill generally defines ‘upstream’ and ‘downstream’. It also provides a minimum licence period of 10 years, specifically for this particular sector. I believe that public participation is not an exercise in futility. It was there so that we can listen to the public. When we met most of the stakeholders, they were very clear that only restraining the petroleum upstream and downstream, the petroleum operation is discriminatory and unfair. Could the Cabinet Secretary come up with regulations that define what could constitute industrial schemes and can also benefit from this new arrangement, which also has the heavy investments that we are talking about? Those were the challenges.

Another anomaly in the Bill, which we need to be clear on, is allowing Special Economic Zones (SEZ) , which it intends to allow, to “enterprise”. We discussed with the Leader of the Majority Party and agreed that we must amend this kind of incentive because it will be abused. If we leave it as it is, a petroleum station depot belonging to ordinary resellers will benefit from the same incentives. Those are the anomalies we have agreed to correct.

With those few remarks, I support.

The Temporary Speaker (Hon. Peter Kaluma)

I will give every Hon. Member a fair opportunity to contribute to this debate. I note the Vice-Chair is very keen, but I want to give the next chance to Hon. Emmanuel Wangwe. I recognise Hon. Emmanuel Wangwe before the Vice-Chairperson.

Hon. Temporary Speaker, allow me to appreciate the Committee as I support its Report and the Bill in its entirety.

Hon. Temporary Speaker, I have worked in the petroleum sector throughout my life. That is what I know best.

The Temporary Speaker (Hon. Peter Kaluma)

Hon. (Dr) Oundo and Hon. Marianne Kitany, take your seats. I have a good reason for giving Hon. Wangwe the opportunity to address the matters contained in the Bill even though he is not a member of the Committee. You will benefit from what he will say.

Thank you, Hon. Temporary Speaker. I had an opportunity to serve in the industry. I have looked at the Report vis-à-vis how the Bill is structured, and I support it.

Upstream, midstream and downstream are three centres of economic performance of any petroleum sector. The kind of capital investment in the upstream reduces as it comes down. As you produce and go into the wells, the intensity of the capital you put in is so massive. If a government wants to encourage private investment in petroleum production, it must give incentives to the investors. Looking at the Bill and how the Report has been coached, it is

simply inviting any investor who wants to play into the upstream market to invest and get some tax exemptions or incentives, so that they can invest in Block T6 in Lokichar, Turkana County.

I support this Bill. It is not an issue of an already appointed contractor, in this case being Gulf Energy. Today, we have Gulf Energy. It might be another entity tomorrow. That means we are laying the pathway such that when we get to the upstream, we can give an incentive to support the huge investment that this organisation will put in.

There is also the issue of enterprise. I have read the Report. It is not an open enterprise. It is within the zone. That means as long you play in that zone, you enjoy the leverage that the Committee is proposing.

There is also the issue of refining fuel. There is war between Iran and USA today. People are talking about Strait of Hormuz because of the already cleared oil. There was extraction of oil from the wells to the refineries. Therefore, when we get the oil from the wells in Turkana, it will be wet. It will be crude oil, which needs to be refined. Will we have the standard refinery that will accommodate the current engines? We do not have it today. Since we do not have it, there is a way you align with the like-minded refineries and get the refined product back to the country. Therefore, that is not the end product.

I agree with the Committee on the issue of Ksh46 billion. When some capital is injected into the production at that time, it is bound to have a cross over in terms of how much you will recoup over time. The country cannot invest today and make profit tomorrow. This is a long-term investment. It cannot be called a loss, but an operating loss. That means KRA will collect money this year and then pay back until when that investment matures. It is not a challenge to consider that investment. Instead, let us all support this Bill and agree that we implore and support, so that we produce oil and become independent. As a country, we will eventually depend on our own resources.

With those remarks, I support the Bill.

The Temporary Speaker (Hon. Peter Kaluma)

Hon. (Dr) Oundo has nodded in agreement. Hon. Marianne Kitany is next.

(Laughter)

Thank you, Hon. Temporary Speaker. I stand to support the amendment to the Special Economic Zones Act, 2015. It was passed at a time when oil exploration in this country was at a very young age. The first oil discovery in Kenya was by Tullow Oil Plc in 2012. By that time, we were still doing early explorations. There was no commercial development around the oil. If we can all remember, Tullow Oil put in a lot of money into the process of exploration, but they were not able to make it commercially viable. The 2015 Act that was in existence at that time could not put into consideration such investments, more specifically upstream and midstream operations in the oil sector. It mainly focused on manufacturing and export services. Therefore, this amendment considers investments that will be put into this sector to make these products commercially viable.

Hon. Members will appreciate that the mainstream that we are talking about involves oil exploration to development of oil wells all the way to export. That process requires very expensive equipment, including heated tankers because crude oil that is extracted solidifies very fast. Therefore, the particular tankers need to be steam heated so that the oil can remain liquid throughout the transportation process. As the Leader of the Majority Party stated, the investment that will go into the upstream, the actual exploration, the midstream and the transportation of the oil is partly for acquisition of specialised equipment. For us to quantify and get value out of the crude oil, acquisition of the specialised equipment may require incentives.

We also appreciate that this country has solely relied on imported oil, which is a major resource. As we speak, the effects of the ongoing Gulf War are being felt all over. The government-to-government oil importation arrangement that we have has cushioned us. Countries across the world, including the United States of America, are suffering the impact of the rising oil prices occasioned by the ongoing Gulf War. If we had our own crude oil, we would allow the extracting investors to build a refinery so that we can have petroleum products for our own use and export. That would cushion our country from high production costs associated with very expensive oil. A single shilling increase in the price of petroleum product creates a ripple effect because the cost of living goes up. Let us explore the oil resources that we have in Blocks T6 and T7 in Turkana County.

There are many investors who will explore the oil. It is important to note that we do not have oil only in Blocks T6 and T7. There are many other blocks of oil in various parts of this country that can be explored. As long as investors know that they have incentives, they can carry out exploration of the other oil blocks to see whether they are commercially viable. We know from preliminary studies that there is oil in other blocks in country. As to the commercial viability of the oil in those blocks, we need investors to come in with their very expensive equipment and resources to find out. This amendment Bill will allow investors to bring in their resources to take care of such kind of explorations. We will export the oil found in Turkana County using tankers as opposed to a steam heated pipeline because the resource in Blocks T6 and T7 do not make the pipeline commercially viable to construct.

If we attract more investors to come and explore more oil, perhaps in the future, they will find more commercially viable resources and pipelines can be set up to transport our oil as opposed to road transport, which is also very expensive. The cost that was given to us in terms of oil exploration itself is quite high. Transporting the oil by road is quite expensive, but constructing a pipeline will cost the country between US$300 billion andUS$400 billion, which may not be viable for this particular oil exploration.

Hon. Temporary Speaker, the amendment being done to the existing law will not only spur economic growth, but also allow this country to explore its resources. This law will not affect the oil sector alone. It will also apply to the natural gas sector. I am informed that this country has gas deposits that can be explored through this particular amendment. Therefore, I support it. I also wish to clarify an issue that has been raised by a colleague to the effect the country may incur a loss once the law is amended as proposed. The exploration will have a revenue share between the Government of Kenya and the investor.

From the statistics and figures that we were shown, the lower the number of barrels extracted per day, the more the Government of Kenya will stand to benefit. Right now, the investor is looking at an initial investment of about 20 million barrels per day as opposed to much later when they will move up to about 80 million barrels per day. The Government of Kenya stands to gain a lot of revenue out of this investment. We will stop relying solely on taxpayers to generate revenue for this country and instead we will use our oil resources to generate revenue that can develop the country.

With those remarks, I support.

The Temporary Speaker (Hon. Peter Kaluma)

Thank you. Next is Hon. Gichimu Githinji, the Member for Gichugu.

Thank you, Hon. Temporary Speaker. I also rise to support the amendments to the Special Economic Zones Act through this Special Economic Zones (Amendment) Bill, 2026.

First of all, let me allay any fears arising from the statement made by Hon. Oundo that this Amendment Bill is tailor-made to a specific enterprise. That is not correct. The resulted revised law will be open-ended, encouraging investment in the country’s oil and gas sector by potential investors. When we make such a law, it becomes attractive to many investors who

may want to invest in oil and gas exploration and extraction across the country. It is, therefore, not correct to say that it is tailored to suit a specific enterprise in this country.

It would be very dangerous, without having made a sector-to-sector analysis, to open such an extension to any enterprise in this country. There are some enterprises domiciled in SEZs that come to cash-drain Kenyans and then reinvest elsewhere. However, this is a capital-intensive investment. We are promoting investment within Kenya to help Kenyans and probably to export and leverage foreign exchange. Once we extract oil in Kenya, we will utilise part of it and export the rest. In doing so, we will also increase our foreign exchange reserves.

Sometimes we must make decisions that facilitate investments that are helpful to this country. We have always asked how we can encourage investment in this country. This is one of the avenues through which to encourage Kenyans to invest in the energy sector and probably become exporters of oil and gas in the future. We are currently staring at a crisis owing to the prevailing situation in the Gulf region. I am happy it is being sorted from all the other quarters. I must confess that the naysayers and the doubters in this country have come to realise that this country is benefiting from the government-to-government oil importation arrangement. Otherwise, the oil prices would be very high in this country right now.

Without belabouring the point, I have followed the argument by Hon. Oundo. At the end of his contribution, he said that he supports the Bill, but he will seek to amend it. If he brings his amendments, will look at them. We are reasonable Members. We will engage and see whether we can accommodate his amendments for the betterment of this Bill. I am happy that he supports the proposed amendments contained in this Bill.

I will also be seeking to convince Members whether we can also amend the issue of prescription of regulations. Though the Act talks about the prescriptions of some regulations being made by the Authority, we have an opportune time because we can rectify that any regulations that will follow after this amendment can be made by the cabinet secretary in consultation with the Authority, or the cabinet secretary alone. Bypassing the cabinet secretary in-charge and going all the way to the Authority will be stooping too low.

I support the amendments. Thank you for the opportunity.

The Temporary Speaker (Hon. Peter Kaluma)

Hon. Members, this is a very brief Bill. If you could, I would want the contribution of each Member speaking to be conscripted to under five minutes to enable us go to the real legislation stage – which is the Committee of the whole House – by the end of business today.

Hon. Victor Koech is next.

Thank you very much, Hon. Temporary Speaker, for giving me an opportunity to contribute to the amendment Bill that is before us. Let us remind ourselves of the journey that this country has travelled in trying to achieve its first exploration of crude oil. The early oil explorations were done by Tullow Oil back in 2012. It was a clear indicator that this country has potential to produce more oil.

In the Departmental Committee on Energy, together with our colleagues in the Senate, we sat through public participation, listened to the various stakeholders, including KRA, the National Treasury, and Gulf Energy. We satisfied ourselves, as a Committee, on the validity of the requests from Gulf Energy to the country, that, we extend to them some incentives because of the capital intensiveness of this project. When an investor wants to invest, he first of all looks at the commercial viability of the project. As a country, if we are to rely on our own revenues to undertake such exploration, it would not have been possible. That is why the Government invited these investors, who are the players, to see whether this exploration can happen. As a Committee, we are happy that we prepared a very good Report that was tabled in this House. The Report gave birth to the Bill that we are considering today.

The extension of these incentives through this Bill will not attract the current investor alone. It will also attract other investors who may want to participate in oil exploration in the

future. Opening up our oil and gas exploration fields to various competitors will eventually lower the costs of production.

Hon. Temporary Speaker, maybe we did not hear well what our friend, Hon. (Dr) Oundo, was insinuating. I am happy he is still here. I am happy that you are still here, Hon. Professor Oundo. The country is not going to incur any loss. Maybe, what you insinuated was tax expenditure, which is okay and true. However, we are extending these incentives to the investor to enable him regroup the investment that he is putting into this project within the shortest possible time. Eventually, through production sharing formulae that were given and considered through the Committee, the country will benefit. We may not benefit immediately, as a nation, but in the long-term.

I support this Bill because Kenya is going to benefit in terms of job creation. The investor and the players told us that in December this year, we will have the first tanker. As a country, we are not going to lose such an opportunity that has been given to us. That is why we will support the Bill so that the first tanker can move from Lokichar all the way to Lamu.

We cannot have a refinery right now because there is some minimum financial capacity requirement for any country to run a refinery effectively.

With those remarks, I support.

The Temporary Speaker (Hon. Peter Kaluma)

Hon. (Dr) Eve Akinyi, the Member for Kabondo Kasipul, is recognised to make her contribution.

Thank you very much, Hon. Temporary Speaker. I also want to appreciate the Committee and support the amendment as presented. In addition to the oil and gas sector, I want to highlight a few areas that I think will benefit this country. I see the amendment will enhance Kenya’s attractiveness as an investment destination. Not just in the sector that is under discussion, but in other sectors as well. I see a possibility of promoting industrial growth, export development and job creation in this country. This amendment will position the Special Economic Zones as a key driver of economic transformation. I also see a situation where it will strengthen institutional coordination and efficiency. However, there are possible challenges that I foresee. One of them has been mentioned here – potential loss of revenue due to the increased tax incentives. The Committee may also need to look at the issue of land acquisition and community displacement risks that may arise with the expansion of the Special Economic Zones. Another possible challenge we may need to look at is possible governance and oversight concerns if the regulatory powers are concentrated in one place.

With those remarks, I support the Amendment Bill.

The Temporary Speaker (Hon. Peter Kaluma)

Okay. Hon. Parashina.

Thank you, Hon. Temporary Speaker. I stand to support the Special Economic Zones (Amendment) Bill (National Assembly Bill No.8 of 2026) . From the contributions of other Hon. Members, it is clear that we are legislating for future purposes. We are legislating for the growth of this country’s economy. We are not legislating for a specific contractor, but for the issue of petroleum, oil and gas generally.

We are granting incentives through tax concessions, but what are we gaining in return? Many jobs will be created for our youth, small scale traders will have business opportunity, and we will reduce over dependence on oil imports. We will gain a great deal in terms of investment vis-à-vis the incentives we are providing. It is beneficial to learn from countries like Nigeria, Angola and Mozambique, which have also granted these kinds of incentives and have gained so much.

Hon. (Dr) Oundo spoke about areas which he thinks need to be looked at. It is necessary to examine specific clauses. The issue of inserting petroleum medium, petroleum operation, upstream petroleum operations, and midstream petroleum operations into Clause 2 clearly

shows that other Acts, like the Petroleum Act and the Energy and Petroleum Regulatory Authority Act, are still operational. The Special Economic Zones Act (Cap. 517A) has taken care of other zones which fall under the Special Economic Zones. Petroleum was excluded, and that is why we are introducing these amendments to the Act.

Regarding another clause that the Member mentioned, specifically the issue of the enterprise licence, the enterprise licence is for areas that are specialised or categorised. The Bill talks about licence issued under the Act to a Special Economic Zone developer, operator, or enterprise carrying on business or undertaking activities in zones designated for midstream petroleum operation or upstream petroleum operation.

During the public participation exercise, all the interested parties were in agreement. Even KRA was in agreement. The Kenya Oil Industry Association was also in agreement. The country needs the enactment of this Bill. I urge the House to consider the interest of our country for once. We cannot build a country upon rumours. We cannot build a country through non-governmental organisations or people who try to tell us what to do. We need to legislate for the purpose of the future of this nation.

I support the amendment Bill, which seeks to enable our country to move to greater heights in matters of oil and gas, and enable us to avoid depending solely on importation.

Thank you, Hon. Temporary Speaker.

The Temporary Speaker (Hon. Peter Kaluma)

Hon. Members, there being no further interest in this debate, I call upon the mover to reply. Do we have the Mover in the House? The Mover appears to have stepped out.

The next time this business is scheduled to be transacted by the House, it will be the opportunity for the Mover to reply. That is the work of the House Business Committee.

ADJOURNMENT

The Temporary Speaker (Hon. Peter Kaluma)

Hon. Members, the time being

The Temporary Speaker (Hon. Peter Kaluma)

Published by Clerk of the National Assembly

Parliament Buildings NAIROBI

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