Serjeant-at-Arms, ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Order, Hon. Members. We now have quorum. We are ready to transact business. Proceed.

Hon. Members, pursuant to the provisions of Standing Order 41(4), I wish to report to the House that I have received a Message from the Senate on consideration of the Kenya Roads (Amendment) (No.3) Bill (National Assembly Bill) No.34 of 2025.

The Message conveys that on Tuesday, 4th August 2026, the Senate considered and rejected the Motion for Second Reading of the Kenya Roads (Amendment) (No.3) Bill (National Assembly Bill) No.34 of 2025. You will recall that this House considered and passed the Bill with amendments on 7th October 2025. Thereafter, I referred the Bill to the Senate for consideration in accordance to the provisions of Article 110(4) of the Constitution.

The decision of the Senate on the Bill effectively commits it to mediation committee pursuant to the provisions of Article 112(1)(a) of the Constitution. To enable the constitution of the mediation committee, the National Assembly is required to appoint nine members to sit on the committee. I, therefore, call upon the leadership of Majority and Minority parties in the House to expeditiously nominate members to represent the National Assembly in the mediation committee. At an appropriate time, I will communicate to the House the members of the National Assembly and the Senate appointed to the mediation committee.

The House is accordingly guided. Thank you.

Hon. Members, I wish to introduce to you a delegation from the Parliamentary Service Commission of the Parliament of Uganda who are seated in the Speaker’s Row. They are:

Leader of the Majority Party, proceed.

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

Hon. Members, we will still return to Order No.5 shortly. There are Papers to be laid by the Chairperson of the Committee on Education and we will come back to that once they are ready. In the meantime, we can proceed to the next Order. Apologies, we can start with the Chairperson of the Departmental Committee on Justice and Legal Affairs, as we await the Chairperson of the Departmental Committee on Education. Please, proceed.

Thank you very much, Hon. Deputy Speaker. I beg to lay the following Papers on the Table:

Reports of the Departmental Committee on Justice and Legal Affairs on its consideration of –

Chairperson, Committee on Delegated Legislation.

Thank you very much, Hon. Deputy Speaker.

I beg to lay the following Paper on the Table:

Thank you. We can now move on to the next Order while we await the Departmental Committee on Education. It seems they are not ready. We will, therefore, proceed and return to them later.

Chairperson of the Committee on Delegated Legislation.

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

THAT, this House adopts the report of the Committee on Delegated Legislation on its consideration of the Income Tax Amendment, Legal Notice No.15 of 2021, laid on the Table of the House on Tuesday, 25th August 2026, and pursuant to the provisions of Section 13(3) of the Income Tax Act Cap.470, this House approves the Income Tax Amendment, Legal Notice No.15 of 2021, published as Legal Notice No.191 of 2025. I thank you.

Next Order.

Member for West Mugirango, Hon. Mogaka.

Thank you, Hon. Deputy Speaker. I rise to request for a Statement regarding delays in the processing and payment of retirement benefits to our pensioners.

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 Finance and National Planning regarding persistent delays in processing and remittance of retirement benefits to retired public servants across the country. Having dedicated their productive years to serving the nation, retirees are lawfully entitled to receive their pension in a timely manner so as to meet their basic needs and live with dignity.

Regrettably, many pensioners continue to face prolonged delays in the processing and payment of their benefits, thereby subjecting them to financial hardship during their retirement years. These delays have caused unnecessary suffering, particularly for pensioners who rely solely on their monthly pension to meet daily needs, to access medical care, and to support their families. The situation is even dire for elderly pensioners, some of whom endure extended waiting periods while others tragically pass on before receiving the benefits they earned through decades of public service.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Finance and National Planning on the following:

Who can give an undertaking on behalf of the Chairperson of the Departmental Committee on Finance and National Planning? Proceed, Hon. Ikiara.

Hon. Deputy Speaker, I beg to weigh in on this very important request for a Statement raised by my colleague, Hon. Stephen Mogaka.

The issue of pensioners has been discussed in this House for a long time. It pains me so much when we know too well that dedicated persons, who are so patriotic to this country, are left to fate immediately after serving this nation for such a long time. It is a high time this Government devises a formula to ensure that pensioners receive what is due to them immediately after retirement. I support this Statement. This time, let us get an answer that will satisfy our pensioners countrywide.

Thank you.

Can someone give an undertaking on behalf of the Departmental Committee on Finance and National Planning?

Thank you, Hon. Deputy Speaker. I thank Hon. Mogaka for raising that issue. In fact, I chaired a committee where we discussed a Statement by Hon. Kibagendi on the delay of pensions for teachers. This is a very serious matter. My Committee will address this and bring a report in two weeks.

We have a response to a Statement by the Chairperson of the Departmental Committee on Transport and Infrastructure. Hon. Dawood, are you the one submitting the response on behalf of the Committee? Please, proceed.

Thank you, Hon. Deputy Speaker. This is a response on behalf of the Chairperson of the Departmental Committee on Transport and Infrastructure. The Member for Mathioya, Hon. (Dr) Mugo, requested for a Statement from the Departmental Committee on Transport and Infrastructure regarding the deteriorating state of Thika Superhighway. In the Statement, he sought to establish the following:

A report on the maintenance and rehabilitation plans put in place by the Ministry of Roads and Transport for the Thika Superhighway, particularly the stretch from Ngara to Kenol in Muranga County; the reasons for delay in repairing potholes and other damaged sections of the Thika Superhighway; measures being undertaken to address the deterioration to enhance road safety; and the timelines within which the Government intends to complete the necessary repairs and rehabilitation works to ensure it is in a motorable condition.

The Committee received a response from the Ministry of Roads and Transport through the Clerk of the National Assembly, which I now wish to make.

Regarding the maintenance and rehabilitation plans, the Ministry submitted that the Ngara-Kenol section comprises the Nairobi-Thika Superhighway (S1) and the Thika-Kenol section of the A2 Road. The maintenance interventions undertaken on the sections include surface dressing on the Nairobi-Thika main carriageway in 2019, localised repairs and pothole patching along the service lanes in 2025 and rehabilitation on selected sections along the non- motorised transport facilities (walkways) in 2025.

The Ministry further submitted that Performance Based Maintenance Contracts are ongoing on the Nairobi-Ruiru section. The major scope includes construction of bus bays at Roysambu and Githurai aimed at improving traffic operations and safety along the sections, pothole patching at failed sections, installation of road signs, road marking along the constructed bus bays, performance-based maintenance of the carriageway, and road reserve and structures to the required service level.

On the Ruiru-Thika section, the Ministry submitted that the scope includes construction of a climbing lane along the Blue Post section at Thika, construction of bus bays along the Witeithie section, pothole patching at failed sections, provision of road marking, performance- based maintenance of the carriageway, and road reserve and structures to the required service level.

Regarding the Thika-Kenol section, the Ministry submitted that the section of the A2 Road was recarpeted in 2022. Due to budgetary constraints, sealing the overlay with surface dressing on the road section could not be executed within the same contract. The overlay hence experienced severe ravelling resulting from the effects of the excess rainfall experienced between October 2023 and May 2024 after the overlay.

The Ministry further submitted that the road is currently under a performance-based maintenance contract whose major scope includes drainage works comprising provision of access culverts (900mm) and drain excavation, localised base repairs with hand-packed stones, surface dressing using 6/10mm chippings and 80/100 penetration grade bitumen, on selected sections, provision of road marking and other specified road furniture, and performance based maintenance of the carriageway, road reserve and structures to the required service level.

Is the Member who requested the Statement in the House? Let me give him a chance and then we come to you, Leader of the Majority Party.

Thank you very much, Hon. Deputy Speaker. I thank the Chairman for the elaborate response. I note that the budget to manage the Thika Superhighway has been increasing. But there are some issues which have not been adequately responded to. One is the construction of bus bays in Roysambu, Githurai and Witeithie. These bus bays will be an important factor in decongesting the road and managing road accidents. But there is no timeline as to when these works will commence and be completed.

Two, the response has introduced the issue of construction of a climbing lane at Blue Post section. It has just been mentioned and there is no indication of when the construction will start and be completed.

Finally, the common factor here is the issue of additional funding. With the introduction of the National Infrastructure Fund (NIF), the response has not indicated when these funds will be availed so as to improve the condition of the road. We can also look at the low-hanging fruits like the street lighting which is in very poor condition. There is also need of a footbridge in a place called Montezuma in Kabati to reduce road accidents and traffic congestion. The Ministry, through the Kenya National Highways Authority (KeNHA) and the Committee, should address some of those low-hanging fruits.

I thank you, Hon. Deputy Speaker.

Hon. Deputy Speaker, with your indulgence, I would like to ride on that response from the Chair of the Departmental Committee on Transport and Infrastructure to the Member for Mathioya Constituency.

I know many Members may not have paid attention to your Communication on the rejection of a Bill that was passed by this House in October 2025. We are now headed to October 2026. You indicated that immediately this House passed that Bill, the Speaker's Office relayed a Message to the Senate on the passage of the Kenya Roads (Amendment) Bill. As we all recall, this is the Bill that was apportioning money to the Road Maintenance Levy Fund (RMLF) to Kenya Rural Roads Authority (KeRRA), under the national Government and our counties. And if Members did not pay attention, the Senate has done the unthinkable. They rejected the Bill in Second Reading. They did not even reject the Bill with amendments. They rejected the Bill in totality. This is the same Senate that purports to be representing the counties. How does the Senate, that represents counties, reject a Bill that is apportioning part of RMLF to the county governments to fix roads in the counties and in our neighbourhoods?

Some of the issues that the Member for Mathioya has raised, for example, street lighting, are functions of the county governments. But the Member for Mathioya is now taking up the responsibility of lighting up Mathioya Constituency because the Governor has failed. And instead of pushing for the Kenya Roads (Amendment) Bill, the Senator for Murang’a County together with other Senators, have rejected the Bill in totality. Part of what this Bill intends to cure is duplication in allocation of funds to roads at the local level. The public is not aware of which roads are managed by county governments and which belong to the national Government. Governors have been taking money from RMLF and the at the same time, allocating their county revenue share to fix the same roads. That is how they steal part of the budget that they have appropriated to the roads that they duplicate.

Last week, as we sought to discuss the Equalisation Fund Appropriation Bill, the concerns raised by many Members touched on duplication. We appropriate money under the Equalisation Fund in this House. At the county budget, the County Executive Committee

Member for Tiaty.

Hon. Deputy Speaker, thank you very much for this opportunity.

I agree with the Leader of the Majority Party that one of the biggest mistakes of our Constitution was the creation of the Senate. It is a terrible historic mistake. While the House exists, we must address this issue. I urge the Leader of the Majority Party to honour his word and appoint a strong mediation committee to look into the issues of the Road Maintenance Levy Fund (RMLF). I confirm that there is a lot of duplication in the counties through the RMLF and the Equalisation Fund. One of the biggest problems we have is the Equalisation Fund. Leader of the Majority Party, you were lucky to withdraw the Equalisation Fund Appropriation Bill; we would have thrown it out until we solved the procurement issue.

It is one of the biggest mistakes the National Treasury made in bringing about regulations that allocate procurement power to county governments. That is where the problem comes in through duplication. This is an outright plunder of public resources. I urge Hon. Members, when the Cabinet Secretary comes—I hope he comes tomorrow—let us all show up in numbers. While I do not want to anticipate debate, let us all come in numbers and once and for all, deal with the matter of the Equalisation Fund, so that the people, counties and communities that are supposed to benefit from this Fund can benefit as per the Constitution and the vision of the drafters of our Constitution.

Member for Buuri.

Thank you, Hon. Deputy Speaker. Just like the Leader of the Majority Party has said, this never happened in the 12th and 13th Parliaments. When we think we are moving in the right direction and the country is trying to manage resources properly, others do not recognise the positives of what the Government is doing. One

Thank you. Next Order. (Hon. Joseph Makilap spoke off the record) Okay, Hon. Member for Mogotio, you may proceed. Sorry, not Mogotio. Proceed, Hon. Makilap. Give him the microphone.

Thank you, Hon. Deputy Speaker. Building on Hon. Dawood's response on behalf of the Departmental Committee on Transport and Infrastructure, the amendment the Senate rejected in totality was meant to streamline the use of RMLF funds allocated to county governments. This ensures projects are not duplicated across our counties and constituencies. As you may be aware, if you went to every constituency in Kenya today, the roads you would see being worked on are from the little money constituencies receive as 22 per cent of RMLF. You then wonder what happens to the county governments’ road budget and the money allocated to them.

If the Senators rejected even the Title of the Bill without reading it, the question Kenyans are asking is: “Do we really need the Senate?” Do Kenyans require the Senate?

No.

Kenyans do not need the Senate. Parliament, through the National Assembly, can transact this country’s business without the Senate because they have reduced themselves to overseeing what members of county assembly (MCAs) are supposed to be doing in the counties. Currently, Senators summon Cabinet Secretaries in charge of Interior and National Administration and Education, whose functions are not county governments' functions. This is confusing, and these people must understand devolution.

Their functions are in the Fourth Schedule. What Senators are doing is the work MCAs should do in overseeing their county governments. Why do we have a situation where Senators summon Cabinet Secretaries in charge of Energy and Petroleum, Education or Interior and National Administration? What business do they have? That is the function of the national Government. Let them read the Fourth Schedule. We must deal with this matter now, just as we do with the Equalisation Fund.

Yes.

Thank you very much, Hon. Deputy Speaker. The greatest mistake the 2010 Constitution made, without knowing it, was establishing the Senate. I think that was the greatest mistake. We are now facing the truth head- on. They can reject, in totality, what goes to their voters and to them, yet they are the same people who claim that there are no roads and no power. In reality, lighting is part of the county government functions. Leader of the Majority Party, it is high time we came together and looked at an amendment of this Constitution. Let us amend that section called Senate. Carry all those functions to the National Assembly because this House makes all laws.

Hon. Temporary Speaker, if this House looks into totally amending the Constitution by whatever method, we must remove the Senate for this country to be safe. So far, the Senate has taken us badly, especially with that rejection. It is good that they have rejected the entire thing when we have only one year to elections. Can that rejection eat them? Can it bring them home so they know they are in the opposition because of the people of Kenya?

Very well. Lastly on this one, let us have Hon… Who had this Statement? Oh, Hon. Mutunga. Let us hear Hon. Mutunga first. Proceed,

Thank you very much, Hon. Temporary Speaker. I have listened carefully to what the Members are saying in expressing their discontent with the Senate's actions. If we look closely at what the Senate does, I cannot identify which provision of the Constitution they follow in much of their work. The Senate oversees cabinet secretaries. Instead of overseeing governors, they keep calling cabinet secretaries, principal secretaries, and heads of institutions to their offices. I do not know where this provision is.

On the other hand, when we speak about securitisation in this House, I think the common Kenyan does not understand exactly what we are talking about. Let us be simplistic enough. We have been building roads supported by the national Government under the Kenya

Very well, Hon. Dawood, close this matter.

Thank you, Hon. Temporary Speaker. Hon. (Dr) Edwin has talked about the construction of bus stops at Roysambu, Githurai, and Witeithie. I promise to get back to you on the timelines as soon as we are back from recess.

Regarding the Blue Post section where we need the climbing lane, I completely agree with him. I was there on Saturday and there was a traffic jam for like two to three hours. On that one, I will ask the ministry for a reply. Regarding street lighting, as my colleagues have alluded, that is under the county government, but we will still ask KENHA. We will also ask about the footbridge.

I want to say one thing about what the Leader of the Majority has talked about on the RMLF and the classification of roads. This was done in 2015 when Governor Munya was the Chair of the Council of Governors (CoG). He insisted on it, and he had even gone to court for that. Since then, Class A, B, and C are under the national Government. Class D, E, and unclassified are under the county government. When we do the roads under 22 per cent and 10 per cent, we do even the county roads, as you are aware. Therefore, we are doing most of the work which the county governments are supposed to do. Their rejection of the RMLF Bill shows that they do not need that money and counties do not need it.

I have heard some of my colleagues talk about doing away with the Senate. I put a Bill to remove the Senate and move its functions to the county assemblies. Then we form a devolution committee in Parliament. When I was on the Constitutional Implementation Oversight Committee (CIOC), that is what was happening. But that Bill did not go far because the Speaker did not approve it. But I wish that, if it is the feeling of Hon. Members, we can

Order, Hon. Dawood. Do not indict the Speaker. Just bring the Bill. We shall deal with it.

Hon. Temporary Speaker, I have no problem. It is even at the Table Office. The Clerk, Mr Njoroge, knows about it. But it was not approved.

Hon. Dawood, stop name-calling. Proceed.

I will ask for signatures from the Members, so that we do away with the Senate once and for all and end the headache. Let them go to the county assemblies. I also had another Bill to do away with governors. I know you are looking to be a governor but the Bill proposes doing away with them, so that we have mayors like what we used to have; mayors of counties. We will reply to this as soon as we are back from recess.

Thank you, Hon. Members. Thank you, Hon. Dawood. Let us go back to Order 5.

Chairperson, the Departmental Committee on Education.

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

Report of the Departmental Committee on Education on the approval hearings of nominees for appointment to the position of members of the Teachers Service Commission.

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

THAT, taking into consideration the findings of the Departmental Committee on Education in the report on the approval hearings of nominees for the appointment of members of the Teachers Service Commission, laid on the Table of the House on Tuesday, 25th August 2026, and pursuant to the provisions of Article 252(b) of the Constitution, Section 88 of the Teachers Service Commission Act, Cap.212 and Sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, Cap.77f, this House approves the appointment of the following persons as members of the Teachers Service Commission:

On a point of order, Hon. Temporary Speaker.

What is the matter? What is out of order?

Hon. Temporary Speaker, when the Order was called for the Chairperson of the Departmental Committee on Education to present Papers, many of us here were sitting with anticipation of some good news that each Member seated in this House would now be given 10 TSC letters to take to their constituents.

We are very apprehensive and very disappointed that he has not done God's work. He has left us in very bad shape. I do not know what he has to say on this matter.

Thank you.

Well, that is part of the canter and banter.

Next Order.

Leader of the Majority Party.

Hon. Temporary Speaker, I beg to move that the Air Passenger Service Charge (Amendment) Bill (National Assembly Bill No.56 of

Hon. Baya.

Thank you very much, Hon. Temporary Speaker. It is my pleasure to second the Bill and beg that the Air Passenger Service Charge (Amendment) Bill (National Bill No.56 of 2026) be read a Second Time.

As I second, as the Leader of the Majority Party has said, this is a fairly easy Bill that does one thing: It improves the efficiency of remitting funds. We know that KRA usually collects the passenger service charge. It then gives the money to KAA. In turn, KAA gives the other beneficiaries, that is, the KCCA and the Tourism Promotion Fund, their share. This creates a bottleneck in distributing these funds. Therefore, this Bill intends to ensure that when the money comes from KRA, it goes directly to KAA, KCAA, and the Tourism Promotion Fund. That is what this Bill does.

So, in essence, this Bill deletes Section 6A to allow the Commissioner to remit these funds directly to the respective beneficiary entities. This eliminates unnecessary delays and ensures funds reach their destination smoothly. This is the way to go. Instead of having several other people gatekeeping, the funds go straight to the entities. The President introduced the same thing. Counties would receive money, then give it to county assemblies. We have removed that bottleneck. County assemblies and county governments should receive their money without one being the head boy or head girl of the other. The money comes from the National Treasury, then goes to the county assembly and county government or executive. That is a seamless way of doing things.

Therefore, I second this Bill and request that we pass it as soon as possible to enable these government entities that depend on this money to function efficiently.

Thank you, Hon. Temporary Speaker. (Question proposed)

Hon. Rindikiri Mugambi can have the first bite.

Thank you, Hon. Temporary Speaker. One of the basic principles of modern business transactions is reducing bottlenecks. Eliminating delays and saving time are the best ways to facilitate quick development ventures.

On a point of order, Hon. Temporary Speaker.

Hon. (Sir) George, what is out of order?

Using your discretion, after Hon. Oundo’s contribution, under Standing Order 95, this Bill is very important, but totally non-controversial. We need to pass it so that we can move on and deal with the rest of the matters. I stand under Standing Order 95, so that the Mover can be called upon to reply, and we proceed to equally important matters like this one.

Very well, Hon. Oundo.

Thank you, Hon. (Sir) George. Hon. Temporary Speaker, allow me to join my colleagues in supporting the Air Passenger Service Charge (Amendment) Bill, 2026.

As I do so, I would like to bring to the attention of Kenyans what happens when those who are privileged enough to fly buy air tickets. If you are flying on a foreign trip, you pay US$50. If you are flying locally, you pay Ksh600. That amount is shared among the KAA, the KCAA, and the Tourism Promotion Fund. This money goes to a certain channel before it is distributed. The essence of this Bill is that this money will now be sent directly to the beneficiary organisations. However, this will be done after deducting KRA's expenses for collecting the charge.

At this point, it would have been neater to set the threshold for how much KRA will charge for these services. But to expedite the distribution process, let us support the Bill. If the Committee of the whole House needs to, we may set a specific amount or a percentage of what KRA can retain to execute its duties, as mandated by the Constitution and relevant legislation.

With those few remarks, I support the Bill.

[The Deputy Speaker

(Hon. Gladys Boss)

in the Chair)

Leader of the Majority Party, do you want us to put the Question?

Yes.

You have to reply first. (Question, that the Mover be called upon to reply, put and agreed to)

Proceed, Hon. Ichung’wah.

Thank you, Hon. Deputy Speaker. As you heard, everybody supports this Bill, which is straightforward. I beg to reply. I thank all the Members who have contributed. (Question put and agreed to)

Next Order.

Hon. Deputy Speaker, I beg to move that the Trust Administration Bill (National Assembly Bill No.29 of 2026) be now read a Second Time.

Firstly, allow me to thank the Chairman of the Departmental Committee on Justice and Legal Affairs, Hon. Murugara, and all the very many good lawyers who serve in this House and our country, under the Departmental Committee on Justice and Legal Affairs. They conducted public participation and listened to many stakeholders and members of the public. I am sure their report is ready, which they will table in due course. That does not stop us from continuing with debate on the Second Reading of this Bill, which is important in the administration of trusts in our country.

We have a very archaic legal framework under the Trustees (Perpetual Succession) Act, Cap.164, which has adapted poorly to contemporary financial systems, modern wealth management needs and corporate governance realities of today's world. This is a very old law that came into being before we had a robust financial system. Today, with the robust financial system we have, tax avoidance and money laundering are the order of the day. When this law came into force many years ago, money laundering was more rampant among people who were involved in drug trafficking or the illegal firearms trade. However, money laundering is now a day-to-day affair, especially among those involved in illicit trade and financial flows, including money from corrupt activities.

Again, with the advent of the 2010 Constitution and devolution, we got new kings called governors. The illicit financial flows from our counties come from governors or chief officers. Many Members will attest that many chief officers in county finance dockets are super rich. They use this archaic law to launder money through trusts. Therefore, the key objective of this Bill is to create and recognise different forms of trusts, including charitable trusts, non- charitable purpose trusts, and family trusts.

In this Bill, the modus of registration is clearly provided for showing how you can register a family trust under Clause 10, a non-charitable purpose trust under Clause 9, and charitable trusts under Clause 8. From Clause 8 all the way to Clause 10, it defines each of these categories of trust and how they will be registered, what you need to register, and the number of people that you need, either in natural persons or corporate trustees. For the charitable and non-charitable purpose trust under Clause 11, it says that:

A charitable and non-charitable purpose trust shall have at least three natural persons as trustees or one corporate trustee. Each of these trusts that are registered, either charitable or non-charitable trusts other than family trusts, must have, at least, three natural persons or one corporate trustee, whereas for the family trust, you shall have, at least, one trustee. Therefore, the clear distinction being that for a family trust, you can have just one natural person, but for the charitable and non-charitable trust, you must have, at least, three natural persons or human beings, not corporate trustees.

A trust shall have, where the trustees are natural persons, at least, one trustee must be a Kenyan citizen or a resident of Kenya as prescribed in regulations that will follow this Bill. To ensure that you do not have trusts where all the natural persons who are trustees are non-

Thank you very much, Hon. Deputy Speaker. I second this Bill as moved by the Leader of the Majority Party. I would like to say at the outset that indeed this is a very progressive Bill. This is a critical piece of legislation which seeks to consolidate and thoroughly reform. The words are “thoroughly reform”. This Bill has undergone a complete metamorphosis. It is almost new but, of course, it is an amendment Bill.

It is thoroughly reformed because the outdated legal architecture governing the registration, incorporation, management, and regulation of trusts and trustees in Kenya has taken a completely different shape and form in this new Bill. The existing framework under the Trustees (Perpetual Succession) Act (Cap 164), is archaic and poorly adapted to contemporary financial systems, wealth management needs, and corporate governance realities. As the Leader of the Majority Party has said, we have a new architecture in financial management. We have a new Public Finance Management Act and many tax laws that also need to be realigned, and this is a realignment of the new laws.

The primary objective of this Bill, as I second, is to provide for the creation and recognition of different forms of trusts, including charitable trusts, non-charitable purpose trusts, and family trusts. You are aware that at the Coast of Kenya, we have what we call the Waqf. They are a form of trust. We have seen several times where the Waqf have been misused, and resources from the Waqf have been misused. This new law puts order in that sector to provide a clear statutory framework governing trusts and to promote certainty, transparency, and accountability in the management and administration of trusts.

On a point of order, Hon Deputy Speaker.

What is your point of order, Hon. Ochieng’? Allow Hon. Ochieng’ to give his point of order.

Hon. Deputy Speaker, as a very senior lawyer in this country, Hon. Baya cannot possibly teach me anything in law. After he contributes, I will tell him of a few things he would have left out.

Hon. Deputy Speaker, this is a new law. Hon. Ochieng’ cannot purport to understand it because it is new. He does not understand. So, let me teach him a few things.

Hon. Baya, it is new in Kenya, but not new in the international world. It has existed in England for years. It has been in the United States of America, and so it is new only to Kenya. We also study international law.

Hon. Ochieng’, in this Bill, Clause 11 sets a minimum of three natural persons or one corporate trustee for a charitable and purpose trust, while introducing a minimum requirement of one trustee for family trusts. This distinguishes how many trustees can be in a trust, especially if it is a charitable trust or a purpose trust. For family trusts, only one member is admissible as a trustee.

Clause 11(3) enforces strict national oversight by requiring that, at least, one trustee must be a Kenyan citizen or local resident. This ensures that non-nationals of this country cannot set up a trust in the country. For every trust that is created, and this is very important for those out there who would like to set up trusts, at least, a Kenyan must be on the board of trustees. This safeguards the national oversight of the trust.

Hon. Deputy Speaker, the Bill legally formalises the role of a trust enforcer. The Leader of the Majority Party talked about the trust enforcer under Clause 14 to provide checks and balance parameters over trustees while preventing the enforcer from doubling up as a trustee

The leadership of course, agrees that trusts by their very nature are a very good idea, thus we are just regulating it to make it work better for our country. (Question proposed) Member for Chepalungu, I would like to hear from you on this.

Thank you so much, Hon. Temporary Speaker. I rise as well to support the Bill that is before us. It is paramount we realise the importance of this particular Bill. We not only trust by believing, but now we are going to trust by having regulations laid down properly on who will govern a trust that people leave.

We have had many challenges and court cases because of one person believing in another on the basis of trust. To that effect, this Bill is very clear, straight-forward and non- controversial that it is better for this country to have regulations that will govern the creation, management and closure of people’s trusts.

Well said. Member for Tigania West.

Thank you, Hon. Temporary Speaker, for giving me the opportunity to support this very important Bill that we are discussing today. We have many trusts that are not properly guided which present various forms of challenges. This Bill proposes a law that will clear up some of these challenges to ensure that we deal with the issues as they are.

The Bill gives a very clear interpretation of the terms that will be used. I was interested to know whether we are clear in the issues that trusts face. I have served in trusts in two instances. I served in a trust that has established a university. I am still a trustee in the Eastern African Agricultural Development Trust. When we were trying to register a trust in Kenya, it became very difficult because there was no law. We had to invoke the Non-Governmental Organisations (NGO) law to try and register it. This law, therefore, comes in to help in resolving quite a number of problems.

The proposed law specifies the different types of trusts. We have charitable trusts for purposes of development and organising funds for charity. There are also trusts that are built as a result of non-charitable purposes. There are also family-based trusts and others which are specified in this particular Bill. Therefore, the Bill distinguishes the types of trusts that you can deal with. I find the Bill fairly comprehensive, in terms of those specifications.

When it comes to requirements and contents of the trust deed that is supposed to be signed by the owners of the trust, I find the Bill fairly informative. Clauses 22 to 27 of the Bill clearly deal with the registration of the trust. They spell out the requirements for registration, the contents of the trust and effect of registration. This Bill tries to solve the issues that are there. People develop trust deeds without clear guidance, anchorage and framework which presents challenges.

Part V of this Bill contains provisions relating to the property of a trust. This is always the bone of contention in the management of the property, especially when it is managed by a third party or on behalf of other people who do not have interest in the trust. This provision is clear. It is important in trying to safeguard the trust, on behalf of the owners.

Hon. Temporary Speaker, I take particular interest in Part VII of the Bill which deals with the duties and general powers of trustees, in relation to their trusteeship, trust property and beneficiaries. The areas on property and swindling of the beneficiary are terribly misused. People are swindled property. They lose a lot of resources, as a result of having trustees that are dishonest and not properly grounded by the provisions of our law which should clearly spell out the penalties, if they do not do their business as it is supposed to be done. We have had collusions in the past, in cases where trustees distribute or share the property of a trust, thereby swindling the owners. The idea of defining the beneficiaries and managing the trust, on behalf of the beneficiaries, is clearly acted upon in this law.

Part VIII of the Bill is very clear in providing for remuneration. This is another area which changes over time. The Bill provides for remunerations, indemnity and liabilities of the trustees. The remuneration of trustees may change, if there is no proper guideline. Therefore, the law specifies how the remunerations, indemnity and liabilities will be dealt with in the Bill.

When you look at the entire Bill and what has been happening in the past, I believe this Bill will resolve the many problems that are there. It also aims to build trust to the people and institutions that would like to incorporate a trust. It also defines clearly how trustees will manage institutions so that we can have progressive investment in trustees as an option.

With those very few remarks, Hon. Temporary Speaker, I support the Bill.

Thank you. Member for Buuri.

Thank you, Hon. Temporary Speaker. This is a very important Bill because there are a lot of properties that are left in trusts. Money, land and other assets are left in trusts. The settlor's mind is to have the continuity of these properties. Being entrusted with them is very important in their future.

For example, my church has a lot of property which is managed by a trustee. Many social groups have trustees of the activities and money that they have. One of the greatest problems that is there is the guidance on how the management of the trust is conducted. This Bill sets a system through which the trustees will manage the property that is entrusted to them. In many cases, the settlor imagines how his beneficiaries will take advantage of the property that they have.

In the mind of the settlor, the beneficiaries need protection. They also need to be guaranteed that what the settlor had in mind will be achieved. Therefore, this Bill takes very keen interest of the beneficiaries. Some properties are left without the correct legal entities. Therefore, this Bill sets the criteria which these people will legalise the documentation of the properties that the settlor left behind. In a nutshell, this Bill is very important. It sets the strong foundation on a new way of looking at the trusts. International donors have entrusted the Government of Kenya with the funds that come in. That is the general perspective.

This Bill will build confidence in how the trust property will be managed in future, whether the sector is unable to manage it or has since vacated this earth.

Thank you. Member for Nambale.

Thank you, Hon. Temporary Speaker, for allowing me to speak on this particular Bill. This is very important to Kenyans because we have not had a proper roadmap for registration of trusts in this country.

There has been a lot of confusion on whether a trust being created is charitable, family or non-charitable. The current legislation on trust registration does not specify the types of trusts one is supposed to register. That is why many people have used trusts as vehicles to hide ill-gotten properties and evade the Government.

Clause 22 provides a proper roadmap for trust registration. This has never been there before. It sets out what must be included in the trust deed. You disclose the purpose of the trust, the property to be placed under it and the beneficial owner, as in the registration of companies. This enables us to know who registered the trust and for what purpose. It also identifies the beneficial owners and the trustees responsible. If any questions are raised, they can be held legally accountable. The Bill also makes it easier for anyone to register a trust without hindrance.

This particular Bill differentiates between family, non-charitable and charitable trusts. Some churches are registered as trusts. When a church is registered in Nairobi and has branches in Busia or Kilifi, those subsidiary churches want to own property. They must go to the mother church for a certificate to own land. This has been very difficult.

That is why many people in churches fight over property. However, a clear legal framework for trusts will benefit our citizens.

I, therefore, support this Bill.

On a point of order, Hon. Temporary Speaker.

Member for Funyula, what is out of order?

Hon. Temporary Speaker, I rise under Standing Order No.96. In view of the seriousness of the matter and the need for further consideration, I seek that the debate be now adjourned.

Hon. Members, the Member for Funyula has stood on Standing Order No.96. In view of the burden of this matter, he proposes that instead of asking the Mover to reply, we adjourn the debate. Is that the mood of the House?

Yes. (Question, that debate be now adjourned, put and agreed to) (Debate adjourned)

Member for Funyula, were you also on this? No one was on the Floor, so the opportunity goes to you to proceed with the debate.

Thank you, Hon. Temporary Speaker. At the outset, I stand to support the Power of Mercy Bill (National Assembly Bill No.56 of 2025). The Bill is before us pursuant to Article 133 of the Constitution of Kenya, which grants the President of the Republic of Kenya the power of mercy for those convicted, jailed or found on the wrong side of the law.

The definition of “mercy” in Clause 2 of the Bill means compassion or forgiveness shown to an offender by the President. The Constitution of Kenya contemplates that a conviction requires the exercise of the President’s power of mercy. This has been the case since Independence.

The Constitution we promulgated in 2010 provides elaborate procedures to ensure that the power of mercy is not abused by its holder. It also provides for pardon: A grant of mercy to offenders who have completed their sentences and demonstrated that they are law-abiding citizens for a prescribed number of years. The pardon allows all records of the criminal conviction to be kept separate from other records.

In this country, and probably elsewhere in the world, many people are serving in correctional facilities and prisons. Some could have been wrongly convicted on the evidence available or because of false testimony. Many cases have involved witnesses coming later to rekindle evidence wrongly used to convict people for no apparent reason.

As I stand here today, there was a case of mob arson in my constituency sometime in

On a point of information, Hon. Temporary Speaker

Hon. Oundo, do you want to be informed by the Leader of the Majority Party?

Yes, the Leader of the Majority Party can inform me.

Hon. Temporary Speaker, I did not want to interrupt my good friend, Hon. Oundo, but I want to inform him that I heard him say that two prisoners can collude to benefit from this provision if one of them becomes pregnant. Of course, he is a doctor and knows that pregnancy results from conjugal rights, which prisoners in Kenya do not enjoy.

Therefore, I want to inform the Member for Funyula that prisoners in Kenya do not enjoy conjugal rights while serving their sentences. So, they cannot collude. I want to allay his fears that there could be collusion between prisoners, unless there is collusion between a prisoner and a sentry or prison warden.

But where would they do that?

Again, it is illegal. There are no conjugal rights, and sexual intercourse in prisons is not allowed.

Hon. (Dr) Ojiambo Oundo, where would they do that?

What do you mean?

This sentry and prisoner, where would they be doing this?

You know, I have seen instances where, in Kakamega Park, people used benches. So, do not ask me where they would do it.

Sir George, do you also want to inform Hon. Oundo?

Just to inform the House first, and then Hon. Oundo, in the famous Muruatetu Case, the sentence for the three accused persons was death. They were all in custody. However, there was a lady among them who raised her hand and said, “Sorry, I am expectant, so I cannot be sentenced to death.” Everybody in the country was

Hon. Oundo, you are informed.

Yes, I am informed. But if you went to school, there was osmosis. Sir George knows that it can also happen through osmosis. In any case, I am very well guided and informed.

Clause 12 of the Bill has a curious provision that we might have to consider alongside the Departmental Committee on Justice and Legal Affairs Report. It provides that despite subsection (1), in the performance of its functions, the advisory committee shall not be bound by the strict rules of evidence. We need to be very clear because this process is evidence-based. A person is convicted based on the evidence presented. If we do not follow the strict rules of evidence, we risk perpetuating the same systematic mistakes and ending up with the same problems.

We might also have to question the wisdom of having a full-fledged secretariat. Considering that the advisory committee will be domiciled in the Office of the President, we need to ask whether a full-fledged secretariat is necessary, given that some of its functions can be undertaken elsewhere. In addition, we have the Power of Mercy Case Management Committee in each correctional facility. We might, therefore, end up with an unnecessary duplication of roles.

In Clause 28, the Bill makes reference to positions in the public service that are not provided for in the Constitution. For example, Clause 28 states that one of the bodies to be consulted is the Directorate of Criminal Investigations (DCI). When you go to Article 239 of the Constitution of Kenya, the national security organs are the Kenya Defence Forces (KDF), the National Intelligence Service (NIS) and the National Police Service (NPS). Therefore, where do criminal investigation agencies come in, in a matter that appears more constitutional than legislative?

In the same Clause 28(5), the Bill provides that sexual offenders are among those eligible for the exercise of the power of mercy. I hope that in the Committee of the whole House, one of the amendments proposed by JLAC will be to remove sexual offenders from the category of persons eligible to benefit from the presidential prerogative of mercy.

The Bill also provides for violent offenders who cause serious bodily harm to victims where the offence was motivated by discrimination, including gender-based discrimination, gender-based violence, female genital mutilation, domestic violence, ethnic-based violence or violence against persons with disabilities. On this, I will have to move an amendment because it would amount to an abuse of the presidential prerogative of mercy.

As I conclude, we need, as a country, to look at our judicial and prosecution systems. If you go to…

Add Hon. Oundo two minutes.

If you walk into many of these prisons, starting with Korinda Prison in Busia, I can bet there are people occupying prison space for very petty offences. If you are arrested for taking Samia gin or Enguli, that should not warrant you going to prison and rotting there. That is an offence for which you can be made to stand, sober up and continue with your activities.

Hon. Murugara, it turns out you already contributed to this Bill.

I have not.

You did. (Hon. George Murugara spoke off the record) He is not on the Floor anymore and you cannot inform him unless he is on his feet. (Hon. George Murugara spoke off the record)

Order. Hon. Murugara, did I not give you a chance to inform Hon. (Dr) Oundo?

You did.

Let us leave it at that. Hon. Mutunga, do you want to contribute to the Bill?

I already contributed.

Great. Proceed, Hon. Baya.

Thank you, Hon. Temporary Speaker. I support the Power of Mercy Bill. It is a very progressive piece of legislation that seeks to amend the Power of Mercy Act. It is important that we give effect to the provisions of our Constitution, and this Bill seeks to do so. Article 133 of the Constitution provides for the appointment, tenure of office, powers and the functions of the Power of Mercy Advisory Committee, and for connected purposes. If you go to the National Library, you will find the Office of the Power of Mercy, which is an extension of the Office of the President. We are now legislating to give effect to that constitutional provision. The Power of Mercy Secretariat that operates from that building will have a legal framework within which to operate. This is a good beginning.

As my friend, Hon (Dr) Oundo, has said, it is important to recognise that some offenders may be imprisoned not necessarily because of offences they committed, but because of the operation of the law or a misjudgement somewhere along the way. Some of these prisoners

Who?

The mother of Jesus! I have never heard of any other case of an ‘osmosis pregnancy’ apart from the one Hon. Mayaka is talking about.

Hon. Temporary Speaker, these are enough grounds for a pregnant person who is in prison or a lactating mother who is the sole caregiver of a dependent child for the power of mercy to be exercised.

It is very important to say that crime must be punished as Dostoevsky writes in Crime and Punishment. Crime against citizens must be punished and crime against the State must be punished too. But even when we do that, we must do it in such a way that it is not a complete sentence out of life or out of society. That is why the framers of our Constitution introduced Article 133. It is important to note that the prerogative of the power of mercy was given to the highest office. It was not given to any other person. But that highest office was not just given a blanket power. There are structures within which this power of mercy must be exercised. The 13th Parliament bequeaths those structures through this Bill. This law must guide those structures and the people who have been given the authority to help the Head of State exercise the power of mercy.

With all that I have said, I am convinced that this is a good law. It is actually an expression of constitutional Articles. We are giving effect to the Constitution. The 13th Parliament should go into history as one that gave effect to many constitutional Articles.

Hon. Temporary Speaker, I support.

Hon. Bishop Kosgei.

Thank you, Hon. Temporary Speaker. At the outset, I want to support this Bill on three outstanding explanations that are coming out.

First, it is necessary to give legislative attention to Article 133 of our Constitution. This is in order to facilitate the constitutional right provided for through the hand of the President, or the leader of the country. It has been said that there are people in jail today who are supposed to be outside, and there are those roaming outside, but are supposed to be in jail. This is because of the facts provided at the time of their trial. Also, over time, people reform. That is why it is found to be morally right to revisit the matter. This particular Article gives room for such an opportunity. It gives such people a second chance. This Bill has come at an opportune time.

The second reason that has come out is that our prisons are congested. The number of people is increasing with many petty crimes being convicted. This provision of the law makes it possible for some people to be released and, of course, to decongest the prisons. This should be done without compromising the factors that put them there, so that they will not repeat the offence. If a clear sign of reformation has been observed or has been witnessed, then they deserve to have the mercy of the President.

Finally, it is observed that while exercising this, there are some new developments of disabilities in people. Even when we exercise the usual way of restraining using the law, such people may require a deeper understanding of why they did what they did. Some of them have an internal impairment. They may never learn a lesson anyway. So, there should be some other alternative ways of helping them.

With those remarks, I support the Bill.

Hon. Jalas, do you want to speak on this? Hon. Phelix Odiwuor, I can see you are queuing to speak. Not this one, okay. Hon. Members, there being no further interest in this, I request the Leader of the Majority Party to reply.

Hon. Murugara, you have the honour of being the Leader of the Majority Party today.

Thank you very much, Hon. Temporary Speaker. (Hon. Eve Obara spoke off the record)

Order. The Member for Kabondo Kasipul, I do not see your card.

I do not have it with me, but I would like to speak on the Bill.

The Power of Mercy Bill?

Yes.

Go ahead and indulge us for a few minutes.

Thank you very much Hon. Temporary Speaker for giving me an opportunity to also add my voice to this Bill.

At the outset, I support the Bill. I note that the Bill provides a clear legal framework governing the exercise of the power of mercy in Kenya. It focuses on pardons, commutations, remission of sentences and related presidential prerogatives. At the same time, it enhances transparency, consistency and accountability. The key provisions have noted merits and criteria for consideration. It establishes the principles guiding mercy decisions such as the length of sentence served, behaviour, humanitarian grounds and the impact on the victim.

Another provision is the independent advisory committee, which is a good thing. It creates the Power of Mercy Committee. The Committee will receive and screen petitions. It will make recommendations to the President and ensure consistent application of mercy standards. The committee members, I have noted, are drawn from the Government, civil society and subject-matter experts.

The Bill has its pros. It promotes transparency and fairness in the exercise of mercy powers. It will ensure consistent standards in decision-making and enhance accountability to the public and also to Parliament. It will also give victims a structured voice in mercy processes. It also encourages rehabilitation and humane treatment of offenders. On this clause, however, I have noted that there could be challenges, not necessarily that they are there. One challenge is the need for adequate resourcing for the advisory committee and administrative functions. Another possible challenge is that victim participation could complicate or lengthen the process. The third one is striking or finding the right balance between mercy and public safety, which may at times be complex.

Finally, implementation depends on political will and procedural discipline. We have seen this in several other issues.

Hon. Temporary Speaker, with those remarks, I know that you are concluding on this debate. I wish to state again that I support.

Go ahead.

Hon. Temporary Speaker, listening to the Members and the debate on this particular Bill, we are not differing. We are now paraphrasing.

Order, Hon. Mutunga. Take your seat. Hon. Murugara, could you proceed to reply?

Thank you very much, Hon. Temporary Speaker. I wish to thank every Member who has contributed to this Bill. It is a very important piece of legislation with a long-checkered history, dating back to the monarchy in England and evolving to where we are today. Initially, it was called the presidential prerogative. Today, it is the power of mercy, which has been defined in different ways.

Next Order.

Member for Nambale, I am assuming that you are on your feet to move this Motion for debate on behalf of the Chairperson of the Departmental Committee on Energy.

Yes, Hon. Temporary Speaker.

Please, go ahead.

Thank you, Hon. Temporary Speaker. Let me proceed from where we left on 19th August 2026.

Hon. Temporary Speaker, this is Sessional Paper No.4 of 2026 on the National Petroleum Policy. We had started moving the Motion. We were at the point of highlighting the concerns raised by the Committee. The Committee supports the Policy, but raises some serious concerns.

The first concern regards costs without a financing plan. The Policy will cost an estimated Ksh68.29 billion to implement. However, it carries no finance strategy, no funding commitments, and there no way of ranking priorities. The Committee recommends a 10-point implementation plan with clear performance indicators and a proper financing and resource mobilisation strategy with periodic reporting to Parliament.

The second concern is on transparency. There exists a framework that this House enacted, but which has never been implemented. Section 119 of the Petroleum Act, 2019 established a transparency and accountability framework. Six years later, it has not been operationalised. The Policy is also silent on Kenya joining the extractive industries. The Committee rejects the transparency initiative and makes no provision for public disclosure of petroleum contracts, revenues or beneficial ownership. The Committee noted that the implementation matrix even treats public participation as optional. Therefore, the Committee recommends that the framework be operationalised and that the Cabinet Secretary submits a position paper on Kenya's access to the initiative.

The third concern is on Petroleum Revenues and Sovereign Wealth Fund. The Policy provisions on revenue management are not developed enough to support stabilisation of revenues or wealth for future generations and they make no reference to the Sovereign Wealth Fund Bill, 2026, which was read the First Time in this House on 11th March 2026 and is now an Act of Parliament. That Act proposes establishment of a Fund with a stabilisation component, an infrastructure and development component, and a future generation component. The Committee recommends that the Policy be aligned with the Bill once enacted, and that the petroleum revenue going into the Fund should be first paid into the Consolidated Fund and appropriated by this House in accordance with Article 206 of the Constitution.

The fourth concern of the Committee is that the Policy is inconsistent with the existing law. The Policy places custody of upstream petroleum data with the Ministry. Section 10(d) of the Energy Act, 2019 expressly assigns that function to the Energy and Petroleum Regulatory Authority (EPRA). The Policy is, therefore, inconsistent with the statute. The Committee recommends that the Policy be revised within six months to vest petroleum data custody and oversight in the Authority and confirm the separation of Policy, regulatory and commercial function between the Ministry and the Authority and the National Oil Corporation of Kenya (NOCK).

The fifth concern is that the local content provisions are broad with no measurable targets, no timelines and enforcement mechanism. The Committee was reminded of the early oil pilot scheme in Turkana County, where local employment was limited, capacity building was lacking and local business barely featured in the supply chain. Without firm local content rules, this sector risks becoming an enclave industry. The Committee recommends a robust local content framework with clear targets, monitoring and capacity building.

Proceed, Member for Chepalungu, Hon. Victor Koech.

Thank you very much, Hon. Temporary Speaker. As I second, allow me to make a few observations that were not covered by the Mover of the Motion.

As with any other sessional paper that this House considers, the Speaker referred the matter to the Committee, and we undertook proper public participation, both quantitative and qualitative. Having analysed all the observations and submissions made by the witnesses who appeared before us, we made clear observations and recommendations, which have been read out and laid on the Table of the House by the Mover.

Order. Mover of the Motion and the Member on the Floor, I will allow you to proceed as you are doing today, but I will not allow you to read your submissions word for word next time. You will proceed that way today, but in future, do not do so. Proceed.

Thank you. I am well guided, Hon. Temporary Speaker.

As I was saying, without repeating myself, I would like to put across to the House the observations we made and the issues raised by the Mover of the Motion. These cut across everything else, including the institutions charged with implementing this Policy. It is an awakening call to this particular House that recently this House passed the Field Development Plan (FDP), which also touched on the Production Sharing Contracts (PSCs) for Blocks T6 and T7 in Lokichar. This is another matter that the Committee considered.

Ultimately, we will have the first tanker moving oil from Lokichar all the way to the coastal region. Some of the observations and recommendations we made on the Policy will address the gaps that existed in the legislation. That is why the Committee has recommended that the Cabinet Secretary for Energy and Petroleum, together with all the other regulatory authorities, move with speed and, within six months, propose a new policy that integrates everything else that has been left out.

With those few remarks, I second.

Hon. Members, the Motion, having been moved and seconded ably, I now propose the Question. (Question proposed) Hon. Mawathe, do you want to contribute to the Motion?

Thank you, Hon. Temporary Speaker. I rise in support of this Motion and to make a few comments.

There is need for us to consider the local content of the oil that is produced in Kenya. This should include local sourcing of trucks to transport the oil, and engagement of Kenyan contractors. There is a very huge gap because we do not consider the local communities, especially the people of Turkana County. We also need to strengthen NOCK. Most countries have national oil companies that are normally given the responsibility of managing oil reserves during shortages or during crisis like the current one we are going through. Therefore, we need to strengthen NOCK.

Another project we have abandoned, which we ought to go back to and ensure that we complete, is the Lamu Port-South Sudan-Ethiopia Transport (LAPSSET) Corridor, including the planned pipeline infrastructure all the way to Ethiopia and South Sudan.

With those rermarks, I support.

Hon. Mutunga, do you want to contribute to the Motion? (Hon. (Dr) John Mutunga Kanyuithia spoke off the record) Can I, therefore, call upon the Mover to reply? Proceed, Hon. Mulanya.

Thank you, Hon. Temporary Speaker. I wish to thank the Member for Embakasi South, who is also a Member of the Departmental Committee on Energy, for his contribution to this Motion. Hon. Members, the

Next Order.

Chairperson of Public Accounts Committee, Hon. Tindi Mwale.

Hon. Temporary Speaker, I beg to move- THAT, the House approves the appointment of M/s MGI Alekim LLP to conduct an audit of the Office of the Auditor General with respect to accounts and financial statements for the Staff Mortgage and Car Loan Scheme for the Financial Years 2025/2026, 2026/2027 and 2027/2028, pursuant to Article 226(4) of the Constitution. Before I discuss the contents of the…

Hon. Tindi Mwale, I would like you to move the Motion as it is on the Order Paper. You can then proceed with what you want to say next.

I am sorry, Hon. Temporary Speaker. I was using my summary of the Report. I will repeat for the record.

Hon. Temporary Speaker, I beg to move the following Motion: THAT, this House adopts the Report of the Public Accounts Committee on Procurement of External Audit Services for the Office of the Auditor General for the Financial Years 2025/2026, 2026/2027 and 2027/2028, laid on the Table of the House on Thursday, 13th August 2026, and pursuant to the provisions of Article 226(4) of the Constitution and Section 43 of the Public Audit Act, CAP 412B, appoints M/s MGI Alekim LLP for purposes of auditing and reporting on the accounts of the Office of the Auditor General (OAG) with respect to—

You beg to move and ask.

I beg to move and ask my colleague, the Member for Mathioya, a Committee Member of the Public Accounts Committee, to second.

That is a very elaborate exposition of your Motion, Hon. Tindi. I am sure that anybody listening from out there understands what you are trying to do this evening. Member for Mathioya, Dr, Dr, Dr... I am told you have three PhDs. Go ahead.

Thank you very much, Hon. Temporary Speaker. I would like to second the Motion by my able Chairman of the Public Accounts Committee, Hon. Tindi Mwale.

Just as you have said, the report was elaborate. So, I might not have much to say, but given the task that this audit firm has ahead of it, and given the cost, I think it is only fair that we support it. As the Chairman has said, the audit is for three Financial Years 2025/2026, 2026/2027 and 2027/2028. They will be auditing the financial statements as well as the staff

Hon. Members, the Motion has been ably moved and seconded. (Question proposed) Deputy Leader of Majority Party, do you want to contribute to this Motion?

Thank you, Hon. Temporary Speaker. I would like to support the Report. At the outset, I thank Hon. Tindi Mwale for a job well done.

Appointing an auditor to audit the Auditor-General is a serious task. It is not easy. You must bring in experience, high level of understanding and integrity. I am glad that the Committee has tabled in this House for appointment a firm called M/s MGI Alekim LLP to audit the Auditor General. The tenets of audit are mainly to bring in transparency, accountability and good use of public resources. These are some of the tenets that Parliament stands for. We are dealing with public funds. There cannot be a Government without taxes, but when taxes are collected, they must be accounted for properly.

The office of the Auditor-General also receives funds. I am not aware how much money they have spent so far, especially for the financial years indicated here, but I imagine that the in-books of this Parliament is colossal. It is a lot of money. I remember in the 12th Parliament, there was a debate on whether the office of the Auditor-General must be allocated more money in order to do a good job. During the tenure of Mr Ouko, we allocated more money to ensure that there was effectiveness in the office of the Auditor-General. Some resources, like county allocations, are dependent on audited accounts. Therefore, we said that if more resources were availed to the office of the Auditor-General, they would work faster, better and more transparently to ensure that we have audited reports on time. Since the office of the Auditor- General receives funds from this House, it is important for us to appoint an auditor to audit the accounts of the Auditor-General. That is why we must do this.

In the event that we approve M/s MGI Alekim LLP, we expect them to do a good job because public funds are spent in this office. We would like to see the audited reports of the office of the Auditor-General tabled in this House so that we scrutinise them to see whether the Auditor-General lives up to her calling of being transparent, accountable and upholding of integrity.

It is my pleasure to second this Report. I request this House to appoint M/s MGI Alekim LLP to audit and report to the House the accounts of the office of the Auditor-General for the period ended 2025/2026, 2026/2027, 2027/2028; and the financial statements for the Staff Mortgage and Car Loan Scheme of the office of the Auditor-General for the Financial Years 2025/2026, 2026/2027 and 2027/2028. I call upon the Members of this House to support Hon. Tindi Mwale's team and his Report. I am sure they have done all manner of tests to ensure that we pick one firm that can pass the test of time in auditing the Auditor-General.

With those many remarks, I beg to support.

Hon. Mutunga, do you want to contribute to this Motion?

(Hon. (Dr) John Mutunga Kanyuithia spoke off the record) Go ahead.

Thank you, Hon. Temporary Speaker, for giving me an opportunity to contribute to the Motion.

Auditing of the Auditor-General is a very interesting issue to us and to every Kenyan. This will inform us whether they are living by practice and leading by example. I have taken a bit of time to check whether M/s MGI Alekim LLP is a Kenyan firm. I can confirm to the House that it is a Kenyan audit and accounting firm whose office is located in Karen, Nairobi. I congratulate them for their decision to apply for this job knowing the risks they are taking in order to prove to the world. These are some of the options companies take in order to grow. I hope they bring us a very good audit report that contains the details we expect that will point out the key issues in how the office of the Auditor-General manages its resources. I am sure it is a firm that is destined to grow very fast. Many Kenyans will have confidence in them and they are likely to expand their worldwide network. It is a top global ranking audit firm and I am sure it will be more integrated in this country. We know of some that started in other countries, like Ernst & Young and many others, that have been auditing in this country.

Hon. Temporary Speaker, auditing the Auditor-General is like examining a doctor. It is interesting for us to know whether there are any shortcomings, mismanagement of funds in the Auditor-General's accounts or whether there are any questions or reasons for qualification of the account. We would like to look at some of those details when they emerge.

With those few remarks, I beg to support.

There being no more interest in this Motion, I call upon the Mover… (Hon. Mugambi Rindikiri raised his hand)

Let us first hear from Hon. Rindikiri on the same.

I thank you, Hon. Temporary Speaker. Indeed, the representation by the Chairman of this great Committee has shown us a lot of confidence in the performance of the Committee. I, therefore, congratulate the Committee for their good job in identifying an auditor for the office of the Auditor-General.

In many cases, independent bodies can go rogue. We have seen and heard it. They need to be checked. They can be excessive particularly where they are not held to account. The office of the Auditor-General is very powerful in the country. The Auditor-General can bring down the Government if not really taken care of. A few months ago, there were some questions about how the office of the Auditor-General misuses funds. This was in the public domain. How do they use the money allocated to them? They audit other institutions, yet they are not audited, meaning they are not properly checked. Therefore, we need a credible auditor to audit our Auditor-General, and they must be above board. It must be an internationally accredited and recognised firm. I agree with the Committee on the firm they picked. It is above board. It will ensure there is professionalism in the way the office of the Auditor-General discharges its responsibilities.

One of the greatest problems we face in this country is the issue of credibility. The various institutions within the Government use taxes allocated to them. How this money is used

Hon. Bedzimba, I can see you trying to say something there. What is it? You want to contribute? I cannot see your name here.

Yes.

Proceed.

Asante sana, Mhe. Spika wa Muda, kwa kunipa fursa ili nami pia nitie mdomo wangu katika mazungumzo haya. Naunga mkono Kamati hii kwa kuja na mawazo kuwa kuwe na mdhibiti wa Mkaguzi Mkuu wa Hesabu. Yeye pia anatumia fedha za umma. Itakuwa kosa kuwa yeye anakagua lakini hakaguliwi. Yeyote yule ambaye anashika fedha za umma lazima aeleze vile ambavyo zimetumika na hesabu imefikia wapi.

Kamati imefanya kazi nzuri. Mawazo haya ni mazuri. Yeyote ambaye anayedhibiti pesa za umma lazima akaguliwe. Pia, atakaye pewa jukumu la kumkagua akipewa pesa naye atakaguliwa. Kila mmoja aseme vile pesa za umma zimetumika.

Asante sana, Mhe. Spika wa Muda.

Asante sana. Umenena vyema lakini sijui kama Mwenyekiti ameelewa Kiswahili hicho sanifu. Anyway, that notwithstanding, let us move on.

Thank you very much. Hon. Temporary Speaker, I rise to reply. The authors of the 2010 Constitution had a lot of wisdom. When you look at Article 226(4), which establishes the accounts and powers of the office of the Auditor- General, it stipulates clearly that we need to appoint an accountant who shall audit the accounts of the office of the Auditor-General. Therefore, for us to enhance credibility in the auditing of this great Republic of Kenya and to enhance transparency, it is prudent that the office of the Auditor-General is also audited.

The Order Paper had been re- arranged, so we are not dealing with Order No.14. We move to the next Order.

Chairman, Departmental Committee on Agriculture and Livestock.

Thank you very much, Hon. Temporary Speaker. I beg to move the following Motion:

THAT, this House adopts the Report of the Departmental Committee on Agriculture and Livestock on its consideration of the Inter-African Coffee Organisation (IACO) New Agreement (2020), laid on the Table of the House on Thursday, 13th August 2026 and pursuant to the provisions of Section 8(4) of the Treaty Making and Ratification Act (Cap. 4D), approves the ratification of the Inter-African Coffee Organisation (IACO) New Agreement (2020). The Committee Report before the House details the Committee's consideration of the ratification of the Inter-African Coffee Organisation (IACO) New Agreement (2020).

By way of background, IACO was established on 7th December 1960, with Kenya as a founding member. It was created basically to unite African coffee-producing countries, to co- ordinate coffee marketing, to address production and trade challenges, and to promote sustainable growth of the African coffee sector. Why then do we have the new Agreement? The new Agreement comes in because the original framework had become outdated due to the following reasons:

One, the coffee industry has shifted from government-controlled systems to private sector-led markets. Two, Africa now seeks to capitalise on opportunities under the African Continental Free Trade Area (ACFTA), which is a marketing provision within Africa. Three, is that the old Agreement excludes coffee-consuming African countries as part of the market for coffee. Four, the former Agreement did not provide formal role for private sector actors. Consequently, IACO members adopted the new Agreement during the 60th General Assembly in November 2020, replacing the 1960 Agreement entirely.

The importance of coffee in this country cannot be underrated. The Committee notes that coffee remains one of the most important crops in the country, and key statistics indicate that it supports approximately five million households in this country. Kenya has 556 coffee co-operative societies, either processing coffee or managing coffee at one stage or the other in the value chain. We have 2,132 large coffee estates in this country, and during the 2020/2021

Hon. Kibagendi. Give him the microphone or any other microphone around that place. There is one at the Leader of the Minority Party's table.

Thank you, Hon. Temporary Speaker. I would also like to summarise this Motion. I second the Motion that the House approves the ratification of the IACO New Agreement, 2020.

Coffee remains one of Kenya's most valuable cash crops and a key source of foreign exchange. The sub-sector supports the livelihoods of over 5 million Kenyans and rests overwhelmingly on smallholder agriculture. Just like the Chairman has said, we have 556 co- operative societies representing the majority of growers, alongside 2,132 large-scale estate farmers.

Despite producing some of the finest Arabica coffee in the world, Kenya and other African producers face persistent structural weaknesses. Liberal global trade exposes our farmers to sharp price swings. Many African States still import processed coffee from Europe, Asia and the Middle East.

Kenya already pays an annual assessed contribution of €448,000 as a member of the International Coffee Organisation. So, ratification of this agreement adds no new cost to the Exchequer. The greater risk lies in inaction. Under Article 22 of the Agreement, failure to maintain active standing can result in the suspension of Kenya's voting rights and the right to participate in specialised committees. This can weaken Kenya's voice in continental coffee policy, at the very moment the sector is being reorganised. Ratifying now protects Kenya's leadership and secures a place in the bodies that will set the rules for the intra-Africa coffee trade.

The full value of the Agreement will reach farmers only through deliberate domestic action. The Committee has recommended that the Ministry of Agriculture and Livestock Development table a national implementation matrix within 90 days of ratification. Access to the African Coffee Development Fund and value chain support will flow to smallholders organised under co-operative societies. This link between continental membership and farm- level benefit makes the case for approving compelling.

Hon. Temporary Speaker, I am interested because my constituency, Buuri Constituency, is an emerging coffee-producing constituency. I border the Chairman's constituency. We share one factory of coffee in a place called Mituntu. I can tell you it is one of the oldest coffee-producing regions in Meru County. I was very keen on this ratification of the Agreement because of the Inter Africa Coffee Organisation (IACO), New Agreement 2020. I was very keen to find out whether this Agreement captures what will benefit the farmers of coffee in our region, Buuri, Tigania West, and Meru County at large. I was very keen to know whether it will address the issue of markets and marketing. I was very keen to notice whether it would touch on anything to do with the pricing of coffee. I was keen to know whether it addresses the issue of the quality of coffee that we have.

I have been told about the issue of research. I was very keen to know whether there is anything to do with value addition. The market is shrinking internationally with the increase in production of coffee by other countries in Africa, specifically Ethiopia, Uganda, and new producers that are emerging in other areas.

The entire value chain issues have been mentioned. One other issue that we all need to be concerned about is that we produce coffee, but we do not consume it. It is a very serious challenge. We produce the best coffee, but we do not consume it. The other thing is that we produce the best coffee, but we do not process it into the final product. I was very keen to know, as we deal with free trading. When we talk about free trading, we are saying that everybody will bring their product here. That is exactly what is happening. If you walk into a supermarket today, you will most likely find 10 products of coffee. Of that, about eight are from outside Africa yet we are the actual producers of raw coffee. So, I was very keen to see whether this Agreement is addressing those factors, and I am happy to note that the Committee has scrutinised that report and addressed concerns of a farmer from Buuri and Tigania West constituencies.

There were issues surrounding the legal aspects of coffee in relation to other countries, but I believe that matter has now been addressed. I would like to thank the Committee because we are trying to position Kenya in the international market through enhanced relationships with the coffee-producing countries in Africa. Therefore, this Agreement is very important. We need to support and approve it so that we can move on to its implementation.

Very well. There being no further interest, Mover, do you have any comment on this?

Hon (Dr) John Mutunga Kanyuithia (Tigania West, UDA): Yes. Thank you very much, Hon. Temporary Speaker. I stand to reply that this House adopts the Report of the Departmental Committee on Agriculture and Livestock on its consideration of the Inter-African

The Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations! We have a report that the Chairperson and the Committee are engaged elsewhere. Therefore, we defer that to the next sitting.

Next Order.

Hon. Members, it is the same Chairperson who is engaged elsewhere. Therefore, this Motion also stands deferred to the next sitting.

The time being 6.46 p.m., this House stands adjourned until Wednesday, 26th August 2026 at 9.30 a.m. (The House rose at 6.46 p.m.)