Tuesday, 25th January 2022

Hon. Members, I wish to welcome you back to the august House after the just ended long recess. I do hope that you have sufficiently rested and rejuvenated in readiness for the commencement of the Sixth Session. Being the last Session of the 12th Parliament, there is no doubt that this will be a busy Session, given the tight budget-related business and other priority business that must be concluded ahead of the upcoming General Elections slated for 9th August

You also will further recall that, by the time Committee sittings were suspended in December 2021, the following priority business was still pending before the House:

Standing Order No. 140(1) provides as follows:

Hon. Speaker, on 13th January 2022, I wrote a letter to your office. It was in reference to delays in the consideration of the Petroleum Products Taxes and Levies (Amendment) Bill of 2021. In my letter and in line with Article 95 (2) of the Constitution that provides that one of the functions of the National Assembly is to resolve issues of concern to the people, I noted that this Bill, upon publication, was Read a First Time on 10th November 2021. It has no progress to date. You remember that this Bill came as a result of this House dealing with the matter of increased prices of petroleum products. We were to consider several scheduled businesses, mainly to look at the levies and taxes of the petroleum sector, in order to reduce the pump prices of fuel hence reduce the cost of living that many Kenyans go through.

I wrote to you to seek your advice now that the House has resumed, through you as the Chair of the House Business Committee and the other Members, because you are the automatic Leader of the Majority Party and the Leader of the Minority Members and Whips. In the event we approve this list, Hon. Speaker, as our leader, we wanted your guidance on when we can complete that matter.

It is a matter of national importance and Kenyans are waiting for it. We look very bad because we have been doing Special Sittings on Bills that only affect the political class. Can we now, at least, deal with a matter that concerns the fabric and life of the people of Kenya for once, so that Kenyans can get cheaper petroleum prices? I am sure, as a leader who wants the economy and everything to be dealt with, I just wanted your guidance that we give you the priority if and when this House approves the HBC that you chair.

Very well. That does not require a further debate because it is a matter that would later be placed before the HBC. The sentiments you have expressed are clear. The HBC should proceed to consider it.

Next Order. Leader of the Majority Party.

Hon. Speaker, I join you in welcoming Members to this Sixth and last Session.

I beg to lay the following Papers on the Table of the House today, Tuesday 25th January, 2022:

Legal Notice No.260 of 2021 relating to the Political Parties Membership Regulations of 2021 and the Explanatory Memorandum from the Office of the Attorney-General.

Legal Notice No.266 relating to Gazettement of Extraneous Application Fees and Payments and Explanatory Memorandum from the Ministry of Agriculture, Livestock, Fisheries and Cooperatives.

The earlier Report on the State of Judiciary and the Administration of Justice for the Financial Year 2020/2021.

The County Governments Budget Implementation Review Report for the Financial Year 2020/2021 from the Office of the Controller of Budget.

The County Governments Budget Implementation Review Report for the First Quarter for the Financial Year 2021/2022 from the Office of the Controller of Budget.

The Treasury Memorandum on the Public Accounts Committee Report for the Financial Year 2017/2018 from the National Treasury.

The National Government Budget Implementation Review Report for the First Quarter for the Financial Year 2021/2022 from the Office of the Controller of Budget.

The National Government Budget Implementation Review Report for the Financial Year 2020/2021 from the Office of the Controller of Budget.

The 26th Report of the Monetary Policy Committee from the National Treasury. The Special Audit Report of the Auditor-General on the Procurement of Foodstuffs by the Ministry of Defence for the Financial Years 2014/2015 through 2017/2018.

The Ninth Report on the status of public service compliance with the values and principles in Articles 10 and 232 of the Constitution for the Year 2021 from the Public Service Commission.

Report on the Status of the Kenyan Economy for the Period December 2021 from the National Treasury.

The Performance Audit Report on the Provisions of Services to Persons with Disabilities (PWDs) by the National Council for PWDs for the Period December 2021 from the Office of the Auditor-General.

The Performance Audit Report on the Enforcement on Environmental Regulations on Effluent Management in Slaughter Houses by the National Environment Management Authority for the Period November, 2021 from the Office of the Auditor-General.

The Performance Audit Report on Preparedness of the State Department for Petroleum to Monitor Costs in the Petroleum Sector for the Period October 2021 from the Office of the Auditor- General.

The Performance Audit Report on the Implementation of the Dispensation of Justice Programme by the Judiciary for the Period November 2021 from the Office of the Auditor- General.

The Performance Audit Report on Expansion Recruitment and Maintenance of Infrastructure in Public Primary Schools by the Ministry of Education for the Period November 2021 from the Office of the Auditor-General.

The Performance Audit Report on Management of Local and Deployment and Tree Provisions in the Production Sharing Contracts by the State Department for Petroleum for the Period October 2021 from the Office of the Auditor-General.

The Annual Report and Financial Statements of the Kenya National Commission for UNESCO for the Year ended 30th June 2019.

The Annual Report and Financial Statements of the University of Eldoret for the year ended 30th June 2019.

Thank you.

Hon. Duale.

Hon. Speaker, I want to rise on a pertinent issue relating to the tabling of item No.1 on Legal Notice No.260

, which is to be considered through you, by the Committee on Delegated Legislation in line with Section 13 of the Statutory Instrument Act No.23 of 2013.

As the Committee looks into this, and a perusal of that Regulation, it actualises part of the Political Parties (Amendment) Bill, 2021, which this House has passed and is before the Senate. More specifically, this Regulation is dealing with party membership and resignation of members.

The Senate is yet to consider, and I am told they have a Special Sitting in the next three days. Regulations which are pegged on matters that are not law, in my opinion, are premature, anticipatory in nature, and is like pulling the cart before the horse.

The Leader of the Majority had his say. He does not need to echo. He just needs to listen. The other matter, which is worth noting, is that these Regulations require a prescription emanating from the Political Parties (Amendment) Bill, 2021. If it is enacted into law, and is supposed to cover, I remember when we dealt with that Bill, there was a provision that the Registrar of Political Parties will bring regulations touching on many issues. However, in this case, I do not know why the hurry to sneak in the resignation of members even before the law is yet to be concluded by the Senate and assented to by the President.

Secondly, I need to go on record that I struggled to get a copy of these Regulations from the Government Printer. Despite the Regulations having been printed on 21st December, 2021, a few days before we had our Special Sitting, it is only yesterday that I was able to get a copy.

Hon. Speaker, you know it very well that even as we sit in this House, if you go to http://kenyalaw.org/kl/, where the Kenya Gazette is usually uploaded, you will observe a very interesting thing that Gazette Notices for 20th and 22nd December, 2021, are available on the website. However, the one for 21st December, 2021, which contains the Political Parties Membership Regulations 2021 have been missing until now. It appears as if these Regulations have been hidden somewhere until today that the Leader of the Majority Party is bringing them out.

Hon. Speaker, I want the Members such as the Chairman of the Committee on Delegated Legislation to relax. The Deputy Leader of the Minority Party, you will have your time when it comes. I know he is yet to recover from the earthquake and the tremors.

Hon. Speaker, Articles 10 and18 of the Constitution provide that there is a requirement for public participation. Every regulation that will be tabled in this House must have a proof and a demonstration that sufficient public consultation was conducted as required under those two Articles.

Hon. Speaker, the question that you need to direct to the Committee on Delegated Legislation must be to answer whether public participation on this Regulation was conducted and in what form. Whereas I am cognisant that the Political Parties Membership Regulations actually concern county governments as they relate to elections, we have the tradition of…

Hon. Duale, you need to conclude. I do not need to be addressed by anybody else. This is so simple.

There is a saying which states thus: “You are swallowing before chewing.” This is because in this Committee, just next to you is one of the most active Members of that Committee, Hon. Gitonga Murugara. He would always recommend any Regulation that has not been subjected to public participation to be rejected. I have heard him on several occasions make that recommendation. So, because it has been tabled, they will go to the Committee. I am drawing your attention to the existence of the Member for Tharaka because I know he is a very active Member and it would certainly not pass his hawk eyes. I am sure if no public participation has happened, obviously the report of the Committee would be here. If the Committee recommends that you approve and there has not been sufficient public participation, I can assure you that is the time at which you can seek my intervention, because you will be rising on a constitutional point that Article 118 has been violated. I do not want to be the one to police the http://kenyalaw.org/kl/. Let me not get there.

Thank you, Hon. Speaker. However, I wanted to show the mischief and go on record on the Hansard. So, I did not find it fit, just like the way we deal with the PFM Act and all regulations that concern elections, which is one of them, and I am sure the Committee is aware that this is not the one where if it is approved, the Clerk of the National Assembly will just sign the certificate on approval that the regulations will have to come to this House either way and debate it.

Hon. Speaker, because it concerns elections, I presume that these regulations will also go to the Senate to be discussed because they touch on elections and county assemblies.

I thank you, Hon. Speaker.

There is something that needed to be touched on that maybe Hon. Duale did not mention. You appear to have been looking at this thing. It is, however, curious and maybe the Committee will find out where the connection comes. There is a Political Parties Registrar and some other matters dealing with political parties that are captured, and the general powers of the Independent Elections and Boundaries Commission (IEBC) under Article 88, Clause 4, paragraphs

Thank you very much, Hon. Speaker. The Committee is quite diligent under the chairmanship of Hon. Kamket. However, what worries us - and I have looked at the regulations - is whether they can be committed to the Committee when they seem to be touching on a Bill which is before the House. If they are touching on a Bill which is being debated and which has not passed, then, they cannot be sent to our Committee, because I do not know what decision we will be required to make under the Statutory Instruments Act. That is the biggest problem. So, that is what we need to be guided on.

Hon. Murugara, you have hit the nail on the head. You and your Committee will look at the regulations, try to find out on what they are based on, are they based on an existing Act of Parliament or are they based on a Bill? If they are based on a Bill, the Committee is advised upfront to act yes, “return to sender”. Is it not? This is because you cannot purport to make regulations based on a Bill.

So, Hon. Gitonga Murugara and Hon. Kamket, it is very good that the regulations have been tabled, but should you find them not based on an Act, then return to sender. The Member for Kikuyu has forgotten that there is a law already called the Political Parties Act. For your information, Hon. Ichung’wah, that law was first enacted in 2007 and a provision made in it that it was to come into effect from 1st January, 2008. So, you are talking to somebody who has a history of it. We were trying to cure the mischief which existed in the National Assembly Parliamentary Political Parties, Section 17(5), when we sat here and argued about that law. I recall a few Members who took part, but the Act was still in existence. However, Hon. Duale, Hon. Kimunya and others who were in the 10th Parliament amended it further in 2011 so that today, we have the Political Parties Act No.10 of 2011, because No.11 is the Elections Act. Those are laws that ought to be at your fingertips now because of the year we are in.

So, Hon. Ichung’wah, there is already an Act and it is okay. So that Act can be the anchor. However, if it is a Bill, obviously as pointed out by Hon. Murugara, they will make an appropriate decision. You said there was something that happened that may have caused an earthquake. Some of our electronic gadgets are not working such as this one where I record my attendance. I think the tremors must have been quite heavy; the seismic tremors.

Let us now proceed. Hon. Kamket, is there anything you want to comment on this?

Hon. Speaker, thank you very much. We are properly guided by what you said. I am very proud to be the Chairperson of the Committee on Delegated Legislation. Whatever piece of subsidiary legislation that comes before us, we deal with it properly. I want to assure the House, including Hon. Duale, that we are up to the task. You do not need to worry. We will handle this matter accordingly.

Very well. Let us move to the next Order.

Leader of the Majority Party.

Hon. Speaker, I beg to move the following Motion: THAT, pursuant to the provisions of Standing Order No. 171 (1) , this House approves the appointment of the following Members to the House Business Committee (HBC) in addition to those specified under paragraphs (a) , (b) , (c) , (d) and (e) - Hon. Joyce Akai Emanikor; Hon. Shadrack John Mose; Hon. Kawira Mwangaza; Hon. Mohamed Abdikhaim Osman; Hon. (Dr.) Makali Mulu; Hon. Mishi Juma Khamisi Mboko; and Hon. Godfrey Osotsi. Hon. Members may notice that the parties that nominated the Members into this Committee took cognisance of the fact that they were Members of this Committee. They have accumulated wealth of experience and institutional memory that we do not wish to disrupt in these last couple of months. Hence, the membership has been retained or maintained. It also represents all shades

and persuasions within the House. Nobody will be left behind. That is the comfort that I want to give the House. Within the HBC, all businesses will be considered with all shades of opinion, political persuasions, and political parties and genders will be represented. Hence, as the Committee does its job under the leadership of Hon. Speaker, nobody will be left behind, so that we can dispense business as we move forward.

This is a straightforward Motion. I wish Members will approve it, so that we can get to the rest of the business of this Session. The earlier we can do it, the better. Hon. Speaker, I beg to move the Motion and ask Hon. Robert Mbui to second it.

Hon. Mbui.

Thank you, Hon. Speaker. In line with what the Leader of the Majority Party has said, this is a straightforward Motion in which we require Members to start setting programmes together for the smooth running of business in this House. The sooner we do this, the better. Obviously, when we have people who already know how the HBC works under your leadership, then it becomes easy.

This is a straightforward Motion. I urge my colleagues to support it. I second it.

Member for Laikipia, take a seat. You do not have to freeze. Who says green is bad, Hon. Sankok? You cannot say that she is wearing green clothes and you have so much of them on yourself.

Put the Question!

It looks like the majority wants me to put the Question.

Yes.

No.

Hon. Members, either way, you will make a decision. So, let me put the Question.

Yes.

The only way at my disposal to establish that is for me to put the Question. Let me find out whether the House wants to debate or I put the Question. The first Question will establish what you want me to do. I am not putting the Question on the Motion. I want to establish whether you want me to put the Question.

Therefore, I proceed to put the Question.

Hon. Members, there being no other business, the House rises.

Hon. Fatuma Gedi, just a minute. I am sure you will have a lot of time to do this. Hon. Members, as we adjourn, and as is the practice, I will still refer the issue of the membership of this Committee and any other decision that you may think is necessary, to the leadership, that is, the Leader of the Majority Party and their Whip; and the Leader of the Minority Party and their Whip. Unless you are bringing to me a Motion in terms of Standing Order No. 49, which is the Motion on rescission, there may be no need for the House to come. So, the leadership, consult with your Members and see how best you want us to proceed. Otherwise, we will not be able to do any other business.

So, the House is adjourned until such time that the Speaker will be moved by the Leader of the Majority Party and the Leader of the Minority Party, on a Motion based on Standing Order No. 49.

The House rose at 3.33p.m.