Hansard Summary

The House agreed to the Committee report on the Agricultural and Livestock Extension Services Bill before moving to a motion raised by Hon. Duncan Mathenge on the escalating unrest in secondary schools, including fires, walkouts and fatalities. Mathenge highlighted systemic issues such as curriculum pressure, inadequate nutrition, funding gaps and parental involvement, urging a national conversation and reforms to protect the right to education. The debate combined procedural approval with urgent, critical discussion of the education crisis. Hon. Anthony Oluoch moved the Penal Code (Amendment) Bill to repeal the provision criminalising attempted suicide, arguing that suicide is a mental‑health issue rather than a crime. He linked the bill to broader concerns about school unrest, workplace pressure, and inadequate support systems, calling for safe spaces, counselling and legal reforms to address underlying socioeconomic and health factors. The debate highlighted the need for a coordinated, health‑focused response to suicide and related social stresses. The National Assembly debated the Agricultural and Livestock Extension Services Bill, reporting its approval with amendments while focusing on the recommittal of Clause 10(d) concerning the appointment of the Vice‑Chairperson of the Board. Members praised the bill's progressive approach, especially its integration of information technology and its balance of devolved and unitary agricultural functions. Procedural motions continued regarding the amendment and recommittal process.

Sentimental Analysis

Mixed

THE PARLIAMENT OF KENYA

NATIONAL ASSEMBLY

THE HANSARD

10th June 2026

Wednesday, 10th June 2026

The Temporary Speaker (Hon. Farah Maalim)

I direct that you stop the Bell. I am informed that we can transact business. There is quorum.

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

The Temporary Speaker (Hon. Farah Maalim)

Yes, Chairperson of the Budget and Appropriations Committee.

Hon. Samuel Atandi (Alego Usonga, ODM)

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

Report of the Mediation Committee on the Division of Revenue Bill, (National

NOTICE OF MOTION

The Temporary Speaker (Hon. Farah Maalim)

Proceed.

APPROVAL OF THE MEDIATED VERSION OF THE DIVISION OF REVENUE BILL

Hon. Samuel Atandi (Alego Usonga, ODM)

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

THAT, pursuant to the provision of Article 113 (2) of the Constitution and Standing Order 153, this House adopts the Report of the Mediation

Committee on the Division of Revenue Bill, (National Assembly Bill No.2 of

QUESTIONS AND STATEMENTS

REQUEST FOR STATEMENT

The Temporary Speaker (Hon. Farah Maalim)

Is the Member for North Horr in the House?

STATE OF ROAD NETWORKS IN NORTH HORR

Thank you, Hon. Temporary Speaker. Pursuant to Standing Order 44 (2) (c) , I rise to seek a statement from the Chairperson of the Departmental Committee on Transport and Infrastructure regarding the deplorable state of road networks in North Horr Constituency, Marsabit County. The Shurr - Jaldesa Road and Turbi - Forole - Dukana - Illeret Road are critical transport corridors serving thousands of residents, schools, health facilities and livestock markets within North Horr Constituency, particularly, Shurr–Jaldesa and neighbouring areas. However, the two roads have deteriorated significantly due to prolonged neglect, inadequate maintenance and the absence of proper drainage infrastructure, thus rendering them impassable.

The poor condition of those roads has had far-reaching consequences on the lives and livelihoods of residents. Public service vehicles, ambulances and other essential transport services are often unable to access affected areas during the rainy seasons, effectively isolating entire communities. Economic activities have equally been disrupted, with traders unable to transport food supplies and essential commodities, thereby worsening food insecurity and increasing the cost of living within the Constituency.

Despite the matter having been raised with the Kenya National Highways Authority (KeNHA) , the response and intervention on the affected roads remain inadequate and unsatisfactory. The poor road infrastructure, coupled with the vastness of North Horr Constituency, which spans approximately 38,952 km², has resulted in the continued exclusion of residents from connectivity to essential services and economic opportunities.

It is against this background that I request for a statement from the Chairperson of the Departmental Committee on Transport and Infrastructure on the following—

The Temporary Speaker (Hon. Farah Maalim)

Where is the Chair of the Departmental Committee on Transport and Infrastructure? Yes, Hon. Raso Dido.

Thank you very much. I rise to support the request for statement by my colleague from North Horr. The future of this country, especially the North, lies in infrastructure. We will not go far if we do not open up the region, which is rich in minerals, energy and livestock resources.

The Temporary Speaker (Hon. Farah Maalim)

Member of the Departmental Committee on Transport and Infrastructure, you are not supposed to engage in another

Today, having opened the Isiolo-Moyale Road, the Government is doing much as far as security is concerned. They are working on opening the Isiolo-Garbatula-Modogashe-Wajir-Mandera Road. Those infrastructure projects are game changers. In the fullness of time, Kenyans will realise that the many things we are experiencing at the centre here will never have happened if we had opened up the North earlier. For that reason, while it appears far-flung, the Marsabit - Jaldesa - Shurr Road opens Arbajahan all the way to Wajir. That route is a game-changer if it is opened. The Forole - Illeret Road opens the region to the Omo Delta. Those are extraordinary areas. Infrastructure is the answer if the Government is looking for where to tap or put more resources, so that we can get something out of those lands.

I support the request for statement.

The Temporary Speaker (Hon. Farah Maalim)

Hon. Komingoi, you can see the importance of the request for statement that the Member for North Horr seeks. The future of this country depends on the North and areas with untapped and powerful mineral resources, or what you call rare earth minerals, wind power, and all such resources. Give us an undertaking.

I cannot agree more. I am one of the converted souls who believe that the northern frontier, together with our oceans and lakes, is the next development area of our region. We should create all the infrastructure around them to move our country forward. I commit to the Member that we will look into it and provide an answer to the question within the next two weeks. That is before we go on recess in July.

The Temporary Speaker (Hon. Farah Maalim)

Two weeks is too long for people to get those services.

We are meeting the Principal Secretary next week. I was imagining that we could answer after next week.

The Temporary Speaker (Hon. Farah Maalim)

You do not have to wait for that formal meeting.

We can invite the Member to join us for a preliminary answer, while we debate and discuss the question with the Ministry. Thereafter, we will supply an answer on the Floor of the House in two weeks.

The Temporary Speaker (Hon. Farah Maalim)

Precisely. Hon. Member, are you comfortable with that? Any Member from one of the neighbouring constituencies that I know?

Thank you, Hon. Temporary Speaker. Transport is very important, especially for security. Isiolo, Baringo South and other regions face problems due to the insecure roads. I fail to understand certain things. Concerned departments do not consider roads when certain regions are gazetted as dangerous zones for

security reasons. How shall we achieve this security when we do not have roads? Mukutani is a very serious area where we have raised the same concerns all through.

The Temporary Speaker (Hon. Farah Maalim)

Order, Hon. Member. This matter concerns a road in North Horr. You have done well with the generalities about all areas. However, do not hijack it.

The Temporary Speaker (Hon. Farah Maalim)

Order, Hon. Member. Specifics are as the Member has put it very well. At times, that area is prone to cross-boundary insecurities. What happens during serious security incidents when there is no road infrastructure to enable our security forces and agents to intercept and act quickly? How do we guarantee the security of the Member from Baringo? With that full understanding, let the agency give us an undertaking.

Also, for clarity, the Executive Order released last year put security roads as part of the functions of the Ministry of Interior and National Administration. It is the implementing agency, while the Ministry of Roads and Transport remains responsible for classifying roads. We can look at security, the road sector, and the roads gazetted as security roads together to ensure a collaborative approach.

The Temporary Speaker (Hon. Farah Maalim)

I would give an undertaking to the House if I were you, because of the emergency nature of the request. You know I am a ranking Member of that Committee. The undertaking is that I would walk with the Member concerned to the Office of the Cabinet Secretary of the Ministry of Interior and National Administration. While undertaking, promise an elaborate response, and given the urgency, you should also take urgent action. Do you give that undertaking that the two of you will walk to the Cabinet Secretary’s Office?

The Temporary Speaker (Hon. Farah Maalim)

Thank you. You will get the full Statement in two weeks. In the meantime, Member for North Horr, you will walk with this very dedicated Member of the Committee to Hon. Murkomen’s office and see if you can get an immediate response. I mean immediate action.

The matter has been raised several times, both with the Ministry of Interior and National Administration and the Ministry of Roads and Transport. This time, they should be serious. We need action so that those roads can be repaired. Thank you very much.

The Temporary Speaker (Hon. Farah Maalim)

The two of you should walk to that place. As soon as possible, I expect the Committee Member to come to the House and report on what you have achieved. That is in addition to the elaborate statement that will be given in two weeks.

Nominated Member of Parliament, Hon. Abubakar Talib, is also seeking a statement. Where is he? He is not in the House. I direct that the Request for Statement be listed on the Order Paper on an appropriate day when the Hon. Member is in the House to prosecute it.

Next Order.

COMMITTEE OF THE WHOLE HOUSE

IN THE COMMITTEE

THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES BILL

Yes, Hon. Temporary Chairlady. Clause 3

Hon. Temporary Chairlady, I beg to move

THAT, Clause 3 of the Bill be amended—

No, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Let us have Hon. Rindikiri.

Hon. Temporary Chairlady, I support the amendment because extension services should be linked to research and the farmers. That was missing from the original Bill. Therefore, this amendment will be helpful. We should focus on the farmers who cannot be reached without extension services. We should collect extensive data and information to enhance farming.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you. Hon. Chairman, are you aware that the amendment has different parts?

Clause 4

Hon. Temporary Chairlady, I beg to move

THAT, Clause 4 of the Bill be amended—

Hon. Temporary Chairlady, we discussed this issue at the Committee level and realised that the county executive committee member is referenced throughout the Bill. We believe that the position of the county executive committee member might change in future. Therefore, committing the entire county government to the Bill is the best way to position it.

Secondly, we needed to introduce a technological aspect into the Bill. The Senate Bill did not include anything on Information and Communication Technology (ICT) . Therefore, we have proposed amendments to introduce ICT usage in extension services.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Let us have the Member for Buuri.

Thank you, Hon. Temporary Chairlady. Firstly, the world is moving towards faster information transmission. We are advised to stay connected. Agriculture is not an independent sector. It involves manufacturing, trading and other sectors. Therefore, the introduction of technology will be helpful.

Secondly, we want to encourage creativity and innovation in the agricultural sector, which has been lacking. Innovations are necessary to move this country forward. They cannot be achieved without the involvement of the county governments. Therefore, we should adopt the Committee’s amendment.

Clause 5

Hon. Temporary Chairlady, I beg to move

THAT, Clause 5 of the Bill be amended—

This is to emphasise the role of the county government and not the county executive committee member, so that the county government owns the entire process.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Thank you very much.

Thank you, Hon. Temporary Chairlady. I am concerned about the wisdom behind this amendment. Using the term “county government” does not specify whose responsibility it is. It is open-ended. Nobody will be responsible. The previous clause stated that it was the responsibility of the county executive committee member. That was better than leaving it up to the county government. What is the wisdom behind this amendment? We need a clear explanation. County officers sometimes shy away from taking responsibility, leaving the farmers to suffer.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Let us have the Chairman of the Departmental Committee on Agriculture and Livestock.

Thank you very much, Hon. Temporary Chairlady. The configuration of county government executives is not a preserve of the national Government. There is no standard prescribed formula. An officer can be in charge of agriculture, livestock, fisheries and environment today, and tomorrow they have a different portfolio. Only the specific county government knows who will be in charge of agricultural extension services at any particular moment. That is why we are avoiding proposing specific titles.

Clause 8

The Temporary Chairlady (Hon (Dr) Rachael Nyamai) : Hon. Osero.

I beg to move: THAT, Clause 8 of the Bill be amended—

Thank you, Hon. Temporary Chairlady. I also support. This will really help farmers research and understand climate change, adapt to the diseases that are prevalent today, and follow up to ensure that agricultural innovations lead to smart farming. Thank you.

The Temporary Chairlady (Hon (Dr) Rachael Nyamai) : Looking at those amendments, it is quite a lot. I give you a minute to give the justification.

Hon (Dr) John Mutunga Kanyuithia (Tigania West, UDA)

Thank you very much, Hon. Temporary Chairlady. We really did serious amendments to this Bill. The reasons are one, the Senate Bill completely avoided the use of ICT. So, it was not up to date or in tandem with the goings-on now.

Two, we introduced a central data repository and also a devolved-level data diagnostic centre, which will be coming up. So, this central data repository is where we shall have all the

Hon (Dr) John Mutunga Kanyuithia (Tigania West, UDA)

agricultural information from the sources. It could come from research institutions, both national and international, universities, or field experience in agricultural extension.

This information will be collected and stored in an easily retrievable manner at the repository. It became necessary because the data is scattered across. There is a need for that data to be collected and stored in a readily retrievable manner within one institution so that, when county governments require this information after they have completed the diagnosis, they will be able to obtain it from the repository, rather than trying to look around for where the information could be gotten from. Thank you.

(Question, that the words to be left out left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Question, that the words to be inserted be inserted, put and agreed to)

I beg to move: THAT, Clause 10 of the Bill be amended—

The justification is that:

One, the Chairperson is

Thank you, Hon. Temporary Chairlady. One person to be appointed by the CoG shall be the Vice-Chairperson of the Board. My concern is that we need more explanation on this. Do you not feel like there will be two centres of power? When this person, whom the CoG appoints, differs with the one appointed by the President, what will happen in such a scenario? This is because there are county governments and there is the national Government. Why not allow the Board members to suggest their own Vice-Chair, and let the CoG appoint a representative rather than be specific to a Vice-Chair position? What is the wisdom behind it?

The Temporary Chairlady (Hon (Dr.) Rachael Nyamai) : Chairman, I give you the first opportunity.

Hon (Dr) John Mutunga Kanyuithia (Tigania West, UDA)

Thank you very much. We know very well that agriculture is devolved. Being a devolved function, it will be necessary for the county governments to feel, or be sure, that they are fully represented and effectively so. The second issue is that this is a very important function in this country. The appointment of the Chairperson was vested in the Cabinet Secretary (CS) . But we know that it cuts across both the National Government and the county governments. It is a major function within the sector. Therefore, the Committee proposes a presidential appointment.

When it comes to conflict of interest, this appointment… Actually, it is a nomination. I think we might need to bring in a further amendment stating that the CoG nominates the representatives of the county governments. So, we can align this properly. This is so that nobody feels they are appointed and then cannot be reappointed by the CS, while the CS appoints all the others, except the Chairperson. So, I beg to bring further amendments to correct that.

The Temporary Chairlady (Hon (Dr) Rachael Nyamai) : Hon. Justice Kemei, Member for Sigowet/Soin.

Hon. Justice Kemei (Sigowet/Soin, UDA) : Thank you, Hon. Temporary Chair. The reasons given by the Chairman of the Departmental Committee on Agriculture and Livestock are quite valid. We do recognise that agriculture is a devolved function. We also recognise that the National Government has a role to play in agricultural development in this country.

The President's appointment of the chairperson is part of the process for appointing all other State corporations. However, in recognition of the fact that agriculture is a devolved function, we thought it wise for the CoG, as the responsible body for all matters of county governments, to nominate a person for appointment as the vice-chairperson. This is so that, at the end of the day, while we recognise the role of the National Government, we cannot avoid the roles of the CoG and the county governments, as was the case in establishing agriculture as a function.

Thank you, Hon. Chairlady. The Temporary Chairlady (Hon (Dr) Rachael Nyamai) : I would like to put the question. Hon. Rindikiri Mugambi, Member for Buuri.

The reason why I rose is that I come from a large-scale farming community. I think this Bill has really answered one of our prayers: that the farming community, particularly large-scale farmers, be allowed to be part of a body like this.

Secondly, professionals, particularly those in advisory services and providers, are missing. So, I think the linkage between the farming community and the professionals is coming in handy through this Bill. Therefore, I support.

Clause 11

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Osero.

Hon. Temporary Chairlady, I beg to move

THAT, Clause 11 of the Bill be amended—

Hon. Temporary Chairlady, the justification is to ensure that the Board's members have the correct references and qualifications.

Thank you.

(Question, that the words to be inserted be inserted, put and agreed to)

Hon. Temporary Chairlady, I beg to move

THAT, the Bill be amended by inserting the following new clauses immediately after Clause 12—

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Hon. Makali Mulu, Member for Kitui Central.

Thank you, Hon. Temporary Chairlady. I pressed the button to let you know there is an amendment to Clause 12. Because it has been explained, it makes a lot of sense. Those are the general requirements to get someone in or out of the office. I support the proposed amendment.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much. We note a discrepancy in the document we have, which has already been corrected.

12A. The Chairperson or a member may be removed from office only for—

Hon. Temporary Chairlady, I beg to move

THAT, Clause 14 of the Bill be amended—

Hon. Temporary Chairlady, the Mover needs to explain Clause 14 (b) of the Bill, which states that you are deleting the words “County Executive Committee Member” and substituting therefor the words “county government”. I thought the earlier one was more specific. County government is so general. Can you explain the reasoning behind that?

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : That is noted. Before you came, that matter was raised. For the benefit of Hon. Makali Mulu and those Members who have walked in, could you please justify this amendment?

Thank you very much, Hon. Temporary Chairlady. We looked at the logic of having a specific reference to a county executive committee member for agriculture being in charge of extension at that time in the Bill. Bearing in mind that county governments have their own configuration of the executive, somebody can be in charge of livestock, fisheries and extension, and then somebody else can be in charge of agriculture and the environment. To avoid that confusion, we decided to bestow the responsibility on the county government.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much. There is a possibility of the extension officers being from different ministries or departments.

Clause 16

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Osero.

Hon. Temporary Chairlady, I beg to move

THAT, the Bill be amended in Clause 16—

Hon. Temporary Chairlady, I beg to move

THAT, Clause 19 of the Bill be amended—

Hon. Temporary Chairlady, I beg to move

THAT, Clause 20 of the Bill be amended—

(Applause)

Thank you very much, Hon. Temporary Chairlady. I take this opportunity to extend a warm welcome to all the students and the teachers who have accompanied them to the House of Parliament. This is where the laws of the country are legislated. I want to tell them that in future, they can be Members of Parliament if they so wish. It is just a matter of working hard. They should ensure that they focus on their studies and those who want to be politicians can pursue that ambition thereafter. Otherwise, Karibuni sana.

Ahsante. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you, Hon. (Dr) Makali Mulu. Let us proceed.

Clause 26

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Osero, you have an amendment.

Hon. Temporary Chairlady, I beg to move

THAT, Clause 26 of the Bill be amended in subclause

(2)

by deleting the words “county executive committee member” and substituting therefor the words “county government”. The justification for this amendment is that it puts emphasis on the county government and not on the county executive committee member since the Bill is a national legislation.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Hon. Mishi Mboko, Commissioner. Do you have interest on the proposed amendment?

Yes, Hon. Temporary Chairlady. I support the amendment. We need to put the responsibility to the county government in case of anything. Sometimes, a county executive committee (CEC) member may not be around. Sometimes, they are re-designated and transferred to other departments and yet, we want them to take responsibility. Therefore, the county government needs to be the emphasis as it is the institution that will take responsibility.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much, Commissioner. Hon. Patrick Ntwiga, the Member for Chuka/Igambang'ombe.

Hon. Patrick Ntwiga (Chuka/Igambang'ombe, UDA) : Thank you, Hon. Temporary Chairlady. I support the amendment with some reservations. The CEC member is not a person. It is an office. When we say that a CEC member can be moved, we are not talking about the office of the person. It could the office of the CEC agriculture, lands or transport. Those who have had an experience with county governments know that nothing moves. A CEC member or the chief officer cannot approve even something small in a county. They must wait for the governor to be available to approve. All the offices that we have in the county governments are just shadow offices. They do nothing. The county governments are led by one individual called the governor. We are not saying that everything that the CEC will do, the chief officer can do. So, the counties ultimately rely on one person to approve even small things that need approval. I trust the wisdom of the Committee of the whole House on this amendment, but with reservations.

Finally, I want to congratulate the students who are in the galleries. They have not succumbed to peer pressure to destroy their schools so that they go home. I sincerely congratulate the students who are in the House today.

Thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much. Hon. Members, the Chair gave the justification on this amendment. Those who were in the House got it. I will give the Chair half a minute for the benefit of the Members who have just walked in.

Hon. Temporary Chairlady, I will say something in relation to what the Hon. Member has just said because he has brought in a different dimension. We are not saying that the office will change or the officer will change. We are actually saying that the configuration is left to the county government. A CEC in charge of extension services could be taking care of extension services, environment and fisheries. If, for example, you say that the CEC in charge of agriculture will manage all these activities, you will be out of order. So, we are leaving that to the county government to configure and position the particular extension service in the right docket.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Absolutely. That is the justification that you gave earlier.

Clause 27

Hon. Temporary Chairlady, I beg to move

THAT, Clause 27 of the Bill be amended—

Hon. Temporary Chairlady, I beg to move

THAT, Clause 30 of the Bill be amended—

Hon. Temporary Chairlady, I beg to move

THAT, Clause 31 of the Bill be amended—

Thank you, Hon. Temporary Chairlady. This is the most important pillar of this Bill. We have been working on who will be coordinating. We support the idea of this Bill having a national scope because we have one data centre that serves the whole country. Through it, we will conduct research, understand our soils and answer key questions. In the northern region of Kenya, the data centre will assist in identifying opportunities in agriculture, including livestock production. It will also help us to address the various challenges that are facing the country, particularly those arising from climate change. Thank you.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much, Member for Dagoretti North. Hon. Rindikiri Mugambi, Member for Buuri, proceed.

Thank you, Hon. Temporary Chairlady. I have a concern. Looking at what comprises the research unit, I wonder why the Kenya Plant Health Inspectorate Service (KEPHIS) has been left out, considering that we are dealing with a very serious issue regarding pests, for example. It should form part of the activities of the centre, particularly in relation to the data it is expected to collect.

I am seeking clarification from the Chairperson.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Chairman, would you like to give clarification on the matter?

Yes, Hon. Temporary Chairlady. I think the Honourable Member has put the cart before the horse. I suggest that we wait for the next clause, where this matter is explicitly defined.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Will it be defined in the regulations?

Yes, Hon. Temporary Chairlady. I rise to support the amendment for the purposes of technology and the new changes that are happening across the world, particularly the effects of climate change. It is also in line with what is happening in other ministries. Members of Parliament support technological initiatives through the National Government-Constituencies Development Fund (NG-CDF) , thus enabling the younger generation of our population to access information, apply for jobs, and obtain services, including those offered through Huduma Centres.

This amendment will ensure that the Ministry of Agriculture and Livestock Development, working together with the county governments, will provide the necessary data for information exchange to mitigate climate change.

I support. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much. Hon. (Dr) Makali Mulu, Member for Kitui Central, proceed.

Thank you, Hon. Temporary Chairlady. The issue I wanted to raise is that Members are already discussing the proposed new Clause 31A instead of Clause 31. Therefore, if you could put the question on Clause 31, we can dispose of it and then proceed to the new clause, which is what Members are discussing right now.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Thank you very much.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Chair, the new clauses will come later. Clause 33

Hon. Temporary Chairlady, I beg to move
Hon. Temporary Chairlady, I beg to move

THAT, Clause 33 of the Bill be amended in subclause (3) by deleting the words “National Assembly and Senate” and substituting therefor the word “Parliament”. The amendment seeks to replace the words "National Assembly and Senate" with the word "Parliament" since the two Houses, collectively, constitute Parliament.

(Question, that the words to be left out be left out, put and agreed to) (Question, that the word to be inserted in place thereof be inserted, put and agreed to)

Hon. Temporary Chairlady, I beg to move

THAT, Clause 35 of the Bill be amended in subclause (1) by inserting the words “but not more than six months” immediately after the word “approve”.

The amendment seeks to ensure that the Cabinet Secretary responsible does not delay the submission of annual reports and publications beyond six months. Thank you.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Commissioner Mishi Mboko, please, proceed.

Hon. Temporary Chairlady, I support this amendment because we need to provide a timeline. If we do not specify a timeframe, there will be a lot of delays. I support.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much, Hon. Mishi. Proceed, Hon. Patrick Ntwiga, Member for Chuka/Igambang'ombe.

Hon. Patrick Ntwiga (Chuka/Igambang'ombe, UDA) : Thank you, Hon. Temporary Chairlady. I rise to support the amendment because we normally enact laws but, when we do not specify timelines, some laws remain unimplemented and merely gather dust in the shelves. I was wondering whether we should also provide for the consequences where the Cabinet Secretary fails to comply within the six months period requirement. What happens when the Cabinet Secretary ignores the set-out timeline?

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Chairperson, would you like to comment?

Thank you very much for that observation. We have included penalties for non-compliance.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: In another clause? Okay.

Clause 37

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Osero, you have an amendment.

Hon. Temporary Chairlady, I beg to move

THAT, the Bill be amended by deleting Clause 37 and substituting therefor the following new clause—

Thank you, Hon. Temporary Chairlady. While I support this amendment, I think we need to rethink its objective, which is to allow the county governments to develop their own domestic laws. However, when you state that such laws must be in line with the resultant Act of this Bill, and go further to include regulations, it becomes restrictive because regulations are the operational instruments of the Act. I wish you had stopped at the Act and omitted the regulations to provide the county governments with more legislative room. If we state that the county legislation cannot conflict with national regulations, we may not achieve the intended objective. I wish the Chairperson could move a further amendment to delete the reference to ‘regulations.’

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Before I invite other Members, who have interest in this amendment, I will give the Chairperson a minute to respond.

Thank you very much, Hon. Temporary Chairlady. For purposes of clarity, and particularly to satisfy my very good friend, I would like to read out the amendment. It says:

A county government may make county-specific legislation on extension services as long as they are not in conflict with this Act or any regulations made under this Act. We recognise both the Act and the regulations that will be made to implement the Act. Therefore, anything arising from that, the county governments, based on their specificities and peculiarities, can make their own legislations. We are saying that upon the enactment of this Bill, regulations will be made. The regulations may have specifications that the county governments may need to put into context when they make their own legislations in terms of alignment.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you. Hon. Beatrice Elachi, Member for Dagoretti North, proceed.

Hon. Temporary Chairlady, one of the things that the Constitution makes clear is that we must always respect the main Act. That is why the Chairperson is telling us that the county governments may make specific legislation, but those legislations must not conflict with the main Act. That is the law. The moment we leave it open, each county government will come up with a different legislation and do very different things. That is the challenge we face in the country today. Some county governments enact laws that totally contradict national legislation. It is like we forget that we are a unitary state. We think that the counties are federal states. We must always respect the mother Acts. That is why the resultant Act of this Bill has to remain superior to subsequent county legislations.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you.

Yes, I will give you a chance after Hon. Patrick Ntwiga, Member for Chuka/Igambang’ombe speaks.

Hon. Patrick Ntwiga (Chuka/Igambang'ombe, UDA) : Thank you, Hon. Temporary Chairlady. Hon. Makali is a very focused man. He is already looking at himself as a county governor and addressing things that may bring problems to him in the future.

(Laughter)

Hon. Temporary Chairlady, I do not mind the compliments. By the way, I will be a governor. That is not a big deal. The issue at hand is different. When we enact a Bill, we have an Act of Parliament. To make the Act of

Parliament operational, regulations must be made. Talking about county governments not making laws that contradict the regulations, is going to a lower level, which will tie the hands of the county governments in terms of legislation. That is why we are saying Hon. Mutunga should have stopped at the Act level. Once we have an Act of Parliament in place, it will guide the county governments when it comes to enacting their own local laws, which will enable them to prepare their own regulations. However, if we make regulations at the national level, we tie the hands of the county governments in terms of them making regulations to operationalise any legislations they may come up with. That has nothing to do with whether I will be a governor or not, but it has everything to do with the drafting of the law we are enacting right now, which I think we are not getting right.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Actually, Hon. Beatrice Elachi had put it very well. Since I am seated in the Chair, with no power to say a word on this matter, I give the Floor to the Departmental Committee Chairperson to respond.

Thank you very much, Hon. Temporary Chairlady. It is very clear to all of us that once this Bill is assented into law, its implementation will need regulations. Regulations are detailed interpretations of Acts of Parliament in terms of actions to be taken. If we bring on board Dr. Makali’s suggestion, the county governments can rely on this law but miss out on the detailed interpretations for implementation of the Act. We are, therefore, capturing even the regulations in this Bill, so that the county governments can be properly guided.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Members, before I put the Question on this amendment, I would like to recognize our visitors seated in the Public Gallery this morning. We have students from Nginda Mixed Secondary School from Maragwa Constituency, Murang’a County. We also have students of Siwot Secondary School from Narok South Constituency, Narok County.

I would like to give a chance to Hon. Ntutu to welcome all the students who are seated in the galleries.

Thank you, Hon. Temporary Chairlady, for giving me an opportunity to welcome the students to Parliament. Siwot Secondary School is a school from my constituency and, specifically, from Amalo Sub-County. It is a school which has made us very proud. They have been performing very well in their exams. It is one of our biggest schools in the sub-county. I would like to encourage them to keep on upholding the high standard of discipline and hard work. I see a good future for them. They are promising potential members of parliament, doctors and other prominent Kenyans in the future. So, they should feel welcome to the National Assembly, together with students from other schools.

Thank you, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Proceed, Hon. Osero.

Thank you, Hon. Temporary Chairlady, for giving me an opportunity to also welcome these wonderful students to this August House. It is a demonstration that these are students from schools that are, indeed, disciplined. As we are aware, students in many schools across the country have gone on the rampage and are at home. The students who are here have demonstrated that they take their studies seriously. We truly appreciate them and encourage them to continue working hard so that they can also become leaders of this country in the future. For that matter, I would like to encourage parents from across the country to ensure that our children are disciplined so that, as we move into third term, we do not have the kind of challenges that we are currently experiencing, so that the students can sit for their national exams in a peaceful environment.

Thank you, Hon. Temporary Chairlady.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you very much, Hon. Kibagendi. Hon. Members, I now put the question. Chairperson…

Hon. Temporary Chairlady, let me say something extra not specifically about students, but concerning the students and all of us. In this country, we gave ourselves the current Constitution in 2010. We gave ourselves excessive freedom for anybody to say anything, anytime and concerning anyone. We lost respect for status, for age, and for anything. That is why our children are also losing respect for being in school. Kids are deciding not to go to school. They say: “We are going home”, and they go home.

Hon. Temporary Chairlady, I can declare an interest here. I am an investor in education as a family business. Last night, we never slept because we did not want to give the students a chance to burn the school. They were agitating to do so. They had to be released this morning. We cannot continue to have that kind of situation. When somebody of our age and status stands and calls anybody any name, we lose everything. We need to restore our respect for our status, respect for age and respect for parentage. Kids tell their parents anything today, which is very wrong. So, for the students who are here, it is good for us to start spreading the good message. Stay in school. Do your work as a student and complete your education. If you want to be a politician or anything else, go out and work hard for it. You are at the stage of schooling right now, and that is what you should be doing. In the community I come from, there is a saying that goes: “You should not pull anything that is not at your stage.” Do not pull it down. Find it there.

Hon. Temporary Chairlady, we need to relook at ourselves as a country. We are losing almost everything. By the way, we are becoming careless with our intonations, with our words, with our comments, with our accusations, with our attacks and everything else. Even in this House, some people do not come here to debate objectively. They come here to attack other people and the Government just for the sake of it. Therefore, we need to revisit our lost orientation as a people and a nation at our different ages and stages.

Thank you, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Mwago, would you like to make a comment? Please, proceed.

Thank you, Hon. Temporary Chairlady, for giving me an opportunity, as the local area Member of Parliament, to welcome these students to Starehe Constituency and to Parliament. I would like to join my friend in telling them that they can be anything they want to be in the world, and that they can achieve whatever levels of success they might admire. I join my friend in beseeching them to desist from the temptation of the current unrest in schools. I would like to join my friend in congratulating them for still being in school despite the prevailing situation countrywide. That is a good thing. There is a wave of unrest in the whole country and this thing is happening everywhere, in every corner of this country.

It is time for us, as leaders, to also try and analyse this issue and understand where the problem is coming from. It is not good to always tell them to be disciplined, whereas we are not even looking at the issue and the core causes of all this unrest. I find it paradoxical that we are trying to tell these people to be disciplined and we are not addressing their issues. I find it very astonishing for a Government officer to say that they are not going to condone indiscipline in schools, whereas we have not listened to what these students have to say. We, as leaders,

should try and give an ear to these students so that we understand what is going on. Another life lost is one life too many. We cannot take chances.

I also tend to disagree with the Departmental Committee on Education, Research and Technology, which decided that they cannot send students home for early closure. That would be the most adequate step as of now because you cannot risk losing other students to fires. I put this challenge to us as leaders. We really need to address this issue once and for all. We cannot afford to continue losing students to school fires. We need to listen to the students and get to know what the problem is.

Thank you, Hon. Temporary Speaker. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Members, a lot of people want to comments on this matter. If you want to discuss it in detail, anyone of you can move an adjournment motion to pave the way for yourselves to say everything you may want to say.

Let us now go back to the Committee of the whole House. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to)

Hon. Chairlady, I beg to move

THAT, Clause 39 of the Bill be amended in subclause (2) by deleting paragraph

Thank you, Hon. Temporary Chairlady. I support this amendment. First of all, I want to call upon the concerned authority to come up with guidelines on fees for the extension service officers to ensure that they do not exploit farmers for the services they are rendering. That is very important. Farmers have a lot of challenges because there is no formula for levying charges by extension officers across the counties. It because, therefore, very necessary that this concern is addressed as soon as possible.

I support.

New Clause 3A.

THAT, Clause 3 of the Bill be amended by inserting the following new clause immediately after Clause 3—

Guiding principles. 3A. In the performance of the functions and exercise of the powers conferred on the Service under this Act, the Service shall be guided by—

Hon. Temporary Chairlady, I beg to move that the new clause 3A be now read a Second Time.

New Clause 12A

THAT, the Bill be amended by inserting the following new clauses immediately after Clause 12—

12A. The Chairperson or a member may be removed from office only for—

Hon. Temporary Chairlady, I beg to move that the new clause 12A be now read a Second Time.

New Clause 12B

THAT, the Bill be amended by inserting the following new clauses immediately after Clause 12A—

Filling a vacancy. 12B. Where a vacancy occurs in the membership of the Board, the relevant appointing authority shall appoint a new chairperson or member, as the case may be, in accordance with the provisions of this Act.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Chairman, move Second Reading.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Yes, you may continue.

Hon. Temporary Chairlady, this is very important, especially noting that somebody will be removed for contravening the provisions of the Constitution. We have Government appointees in this country who have no regard for the Constitution. They just run amok out there. This provision is important that if you contravene the Constitution, you are thrown out. I support. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) :

Hon. Temporary Chairlady, in addition, it is not only the Constitution. We know it as the nation's overall guiding document. But in addition to that, if a person contravenes the laws of the land, that person should be removed from office. I submit.

(Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) New Clause 14A THAT, the Bill be amended by inserting the following new clause immediately after Clause 14—

14A. (1) The Board shall have all powers necessary for the proper performance of its functions under this Act.

Hon. Temporary Chairlady, I beg to move that Clause 14A be read a Second Time.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Chairman, would you like to inform the House what the clause is all about?

Thank you very much, Hon. Temporary Chairlady. The Bill completely lacked provisions on the powers of the Board. We, therefore, had to introduce those powers. That is why the proposed new Clause 14A is being brought for adoption at this particular stage. We came up with the entire continuum of the powers of the Board, which was completely missing from the Bill itself.

(Question, that the new clause be added to the Bill, put and agreed to) New Part IV(A) THAT, the Bill be amended by inserting the following new Part IV(A) and Part IV(B) immediately after Clause 31—

PART IV(A) - NATIONAL AGRICULTURE AND LIVESTOCK EXTENSION SERVICE DATA CENTER

Hon. Temporary Chairlady, I beg to move that New Part IV (A) be read a Second Time.

New Clause 31A

THAT, the Bill be amended by inserting the following new clause immediately after Clause 31—

31A. (1) There is established a Data Centre to be known as the National Agriculture and Livestock Extension Services Data Centre.

Hon. Temporary Chairlady, I beg to move that new Clause 31A be read a Second Time.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Would you like to say something about it? Chair?

Thank you, Hon. Temporary Chairlady. This particular Clause basically establishes the National Agriculture and Livestock Extension Service Data Centre. That Centre will be the source of all data from various generating entities, including universities, research institutions, extension service providers, professionals, farmers' organisations, international agricultural research organisations and any other relevant bodies, including Kenya Plant Health Inspectorate Service (KEPHIS) . Everybody is included within this particular continuum. That is basically what this clause seeks to do, establish the Centre itself, and then we will move on to the next.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Rindikiri Mugambi, Member for Buuri Constituency.

Hon. Temporary Chairlady, Daktari was very clever. Yes. As I said, I come from an agricultural Constituency and we practise large-scale farming in Meru. That is why I was very keen on matters relating to pests and whether a Bill is coming on that. I felt that it needed to form part of the kind of data that we are also going to collect.

One of the things that has been missing in this country is data that enables determination of policies and informs decision-making around the agricultural sector. This proposal, therefore, comes in handy because, moving forward, we shall have a data depository centre where we can access information and understand trends and other activities that are related to agriculture and livestock. I fully support the proposed new clause.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you. Hon. Dorothy Ikiara, nominated Member.

Thank you, Hon. Temporary Chairlady. I too support a data collection centre. It is equally very key. It will enable proper planning even for the future. I do support.

The Temporary Chairlady (Hon. (Dr) Racheal Nyamai) : Thank you very much. Hon. Brighton Yegon, Member for Konoin.

I also want to support the establishment of a National Agricultural Extension Service Data Centre. This is a centre where all relevant services will be stationed and all the data that is related to livestock and extension services will be placed. I support.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much, Member for Konoin.

New Clause 31B

THAT, the Bill be amended by inserting the following new clause immediately after Clause 31—

31B. The functions of the Centre shall be to—

Hon. Temporary Chairlady, I beg to move that clause 31B be read a Second Time.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Hon. Members, are we together? Let me put the Question again.

(Question, that the new clause be added to the Bill, put and agreed to) New Clause 31C

THAT, the Bill be amended by inserting the following new clause immediately after Clause 31—

31C. (1) The Centre shall be administered by the Service.

Hon. Temporary Chairlady, I beg to move that new clause 31C be now read a Second Time.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Do you have a comment on that for the benefit of Members, being a new clause? It could be from the Chairman.

The data centre will need structured administration in the staffing within, to manage data, the sourcing and storage mechanism. That is to ensure there is easy storage and retrieval because that is the purpose of extension information. It should be easily retrieved and specifically packaged in the domains it focuses on.

New Clause 31D

THAT, the Bill be amended by inserting the following new clause immediately after Clause 31—

31D. (1) All county governments shall be users of the Centre.

I beg to move that the new clause 31D be read a Second Time. The new clause deals with the registration of users of that centre.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Hon. Members, I do not see any interest in this.

Hon. Members, before we proceed, I would like to recognise students who are seated in the Speaker’s Gallery. They are: AIC Morop Girls’ High School, Rongai Constituency, Nakuru County and Ngobit Primary/Junior School, Laikipia East Constituency, Laikipia County. I would like to give a chance to the Hon. Member for Buuri, Hon. Rindikiri, to welcome them to this House.

Thank you. The reason I rose is because I border Laikipia East and Ngobit is what we call an extension of our community in Laikipia. I want to take this opportunity to welcome all the students. I want to tell them that this is the House of Parliament where most likely, one of you, will be in the future. We ask you to study as much as possible and know what goes on here and when you go back to school, tell your colleagues or fellow students what you have seen. You have made the right decision to be here. Most of your colleagues are at home because of the students’ unrest. If you discipline yourself today, your future would be bright.

I thank you, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much, Hon. Rindikiri Mugambi. New Part IVB

PART IV(B) – AGRICULTURE AND LIVESTOCK DIAGNOSTIC CENTRE

Hon. Temporary Chairlady, I now move that New Part IVB…

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : I would like you to take that again so that you put the Part well. It is New Part IVB.

Sorry. Hon. Temporary Chairlady, I beg to move that Part IVB on the Agriculture and Livestock Diagnostic Centre be read a Second time. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you. I do not see any interest.

New Clause 31E

THAT, the Bill be amended by inserting the following new clause immediately after Clause 31—

31E. (1) Each county government shall establish an Agriculture and Livestock Diagnostic Centre.

Hon. Temporary Chairlady, I beg to move that New Clause 31E, which is dealing with the establishment of the Agricultural Diagnostics Centre, be read a Second Time.

The Temporary Chairlady

(Hon. (Dr) Rachael Nyamai)

: Hon. Chairperson.

Thank you very much, Hon. Temporary Chairlady. The entire agricultural extension delivery is based on diagnosis of the problem, sourcing of the answers and relay of the answers to the caller. So, the Diagnostic Centre is positioned at the county level and could also be devolved based on the intensity of agricultural activities in a county. It is the one that will be interpreting what problems farmers present. The structure is such that if farmers find crops drying up, they can take a photograph and send it to the Diagnostic Centre. The Centre will know, this is what is affecting this crop and they will source for the solution from the Data Centre, which is the National Data Centre.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you. Hon. Member for Chuka/Igambang'ombe.

Hon. Patrick Ntwiga (Chuka/Igambang’ombe, UDA) : Thank you Hon. Temporary Chairlady. I stand to support this new clause with a lot of emphasis because agriculture is largely a devolved function and when we have a National Data Centre and we do not provide a mechanism of how it will be fed from the county governments, then we will have an

ineffective law. So, this is a very good clause because county governments have the greatest responsibility on matters agriculture. They understand the specificity of various counties and what they do in agriculture and so, they are best placed to generate data that comes to the National data Centre. So, this is a very good Clause. I just wish that county governments will go on and establish those diagnostic centres.

I support. Thank you. (Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) New Clause 31F

I beg to move to move New Clause 31F. 31F. The functions of the diagnostic centre are to— Functions of the

Hon. Temporary Chairlady (Hon. (Dr) Rachael Nyamai)

Mover, move the Second

Hon. Temporary Chairlady, I beg to move that New Clause 31F, that deals with the functions of the Diagnostic Centre at the county level, be read a Second Time.

(Question that the new clause be read a Second Time, proposed) Hon. Rindikiri Mugambi, Member for Buuri.

For the first time, I really want to commend this Committee because from where this Bill originated, they seemed to have left out a very important part. I applaud the Committee for taking keen interest. One of the things I have noticed here is the linkage between the county and also the international research organisations because now, we are a global village. Therefore, delinking ourselves from the international organisations is not good for us. By bringing in this linkage, we are on the right trajectory in as far as services that are being brought are concerned.

I thank you.

New Clause 31G

I beg to move to move New Clause 31G. THAT, the Bill be amended by inserting the following new Part IV (A) and Part IV (B) immediately after Clause 31—

31G. (1) The Diagnostic Centre shall be administered by the Registrar.

Hon. Temporary Chairlady, I beg to move that the New Clause 31G be now read a Second Time. It deals with the domiciling and administration of the Diagnostic Centre.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Chairman, please, approach the Table.

Administration of the diagnostic centre

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Agricultural and Livestock Extension Services Bill, (Senate Bill No. 12 of 2022) and its approval thereof with amendments.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Order, Hon. Osero. Hon. Chairman, did you want to recommit Clause 10?

Yes. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Can we deal with the recommittal of Clause 10 before we go to Hon. Osero?

Hon. Temporary Chairlady, I beg to move that the Committee approves the recommittal of Clause 10 (d) on the person appointed by the Council of Governors to be the Vice-Chairperson of the Board. We propose that the Cabinet Secretary appoint the Vice-Chairperson of the Board through a Gazette Notice, rather than leaving it to the Council of Governors. That will ensure that we have one appointing authority.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : I now call upon the Chairman to move reporting.

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Agricultural and Livestock Extension Services Bill (Senate Bill No. 12 of 2022) and its approval thereof with amendments, subject to recommittal of Clause 10 (d) .

IN THE HOUSE

CONSIDERATION OF REPORT ON THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES BILL

The Temporary Speaker (Hon. Farah Maalim)

Hon. Chairlady.

Thank you very much, Hon. Temporary Speaker. I beg to report that the Committee of the whole House has considered the Agricultural and Livestock Extension Services Bill (Senate Bill No. 12 of 2022) and approved the same with amendments, subject to recommittal of Clause 10 (d) .

(The Temporary Speaker consulted with Clerks-at-the-Table)

The Temporary Speaker (Hon. Farah Maalim)

Hon. (Dr) Rachael Nyamai, proceed.

Thank you very much, Hon. Temporary Speaker for giving me the chance to comment on this very important Bill. I congratulate the Mover of this Bill, Hon. Osero, who has done a very good job, and also for the support he received from the Chairperson of the Departmental Committee on Agriculture and Livestock, Hon. (Dr) Mutunga. They have given the country a progressive Bill that not only considers agriculture as a devolved function but also, as a unitary function, such that matters affecting agriculture in our counties also affect agriculture countrywide.

The amendments that the Committee has made and those by Hon. Chairperson have given a very strong position of information technology (IT) as part of agriculture. It also considers that agriculture is not only a county function but also a state function within the international community. Once again, I congratulate the House for the interest Members have showed. I also congratulate the Mover, Hon. Osero and the Chairman, Hon. (Dr) Mutunga. Thank you very much.

The Temporary Speaker (Hon. Farah Maalim)

Fair enough, though we shall have to go back to the Committee of the whole House since I have to put the question for recommittal.

COMMITTEE OF THE WHOLE HOUSE

[The Temporary Speaker (Hon. Farah Maalim) left the Chair]

IN THE COMMITTEE

THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES BILL

Hon. Temporary Chairlady, I beg to move that the House adopts the proposal to recommit Clause 10 (d) .

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Chairman, move the amendment.

Hon. Temporary Chairlady, I move that clause 10 (d) be read a Second Time.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Chairman, move that report be amended as proposed by yourself.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 10 of the Bill be amended in sub clause (1) by deleting paragraph

Thank you very much. Hon. Temporary Chairlady. I beg to move that the Committee do report to the House its consideration of the Agricultural and Livestock Extension Services Bill (Senate Bill No. 12 of 2022) , and its approval thereof with amendments.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you.

IN THE HOUSE

CONSIDERATION OF REPORT ON THE AGRICULTURAL AND LIVESTOCK EXTENSION SERVICES BILL

The Temporary Speaker (Hon. Farah Maalim)

The Temporary Chairlady.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Agricultural and Livestock Extension Services Bill, (Senate Bill No. 12 of 2022) , and approved the same with amendments.

The Temporary Speaker (Hon. Farah Maalim)

I now call upon the Mover. Who is it? Is it the Chairperson of the Committee, Hon. (Dr) Mutunga?

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Agricultural and Livestock Extension Services Bill (Senate Bill No. 12 of 2022).

The Temporary Speaker (Hon. Farah Maalim)

Order, Hon. Mutunga. Can you give him the reporting form and give me one too? Do you have sufficient copies? You should have them.

Hon. Chairperson, proceed.

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said report. I request Hon. Rindikiri to second the Motion for agreement with the report of the Committee of the whole House.

Hon. Temporary Speaker, I second.

The Temporary Speaker (Hon. Farah Maalim)

We have disposed of this Bill. Chairman of the Committee, can you approach Hon. Temporary Speaker?

Fair enough. There is a cleaning up that needs to be done, but let us move to the next Order. We will do that at an appropriate time in future.

Next Order.

DISCRIMINATORY PRACTICES IMPEDING ACCESS TO BASIC EDUCATION

The Temporary Speaker (Hon. Farah Maalim)

administrative barriers and in some instances, creating possible avenues for abuse of office and improper financial benefit. Now therefore, this House resolves that—

Hon. Temporary Speaker (Hon. Farah Maalim)

This Motion was moved by Hon. Duncan Mathenge. We have an hour left to debate it. Is there any Member who is interested to contribute?

Hon. Maina Mathenge, you are the Mover of this Motion. If there is no interest to contribute to this Motion, we will call upon the Mover to reply. Proceed and do so.

Thank you, Hon. Temporary Speaker. This Motion is concluded at a time when this country is facing a crisis on the current unrest in our schools. Dormitories are being burnt and there is indefinite closure of schools which has shocked the nation. The gravity of this issue has made the nation take all kinds of excuses. We are blaming social media, failed parenting, technology, indiscipline and moral decay. Unfortunately, all those point to a bigger problem. Our children in schools are dissatisfied, complaining and they feel that they are unheard, uncared for and are crying for attention. As we speak, the Ministry of Education has been forced to make same changes in its administration and has called for crisis meetings.

Current reports indicate that up to 100 secondary schools have experienced some form of unrest, leading to student walkouts, vandalism and indefinite closure. The schools include State House Girls, Lenana School, Kisumu Girls, Kakamega High School and St. Marys’ in

Nyeri. Despite the apparent emergency measures that have been rolled out by the Ministry of Education, the situation is alarming.

Why are our schools burning? We had one incident where a school in Nakuru received a donation of computers. We are saying that one of the most essential learning outcomes in our schools today is the teaching of ICT skills to our young people. Unfortunately, when students in that school in Bahati went on strike, they burnt all the electronics in the school. Sixteen young Kenyans lost their lives at Utumishi Girls Academy. Previously, at Endarasha Hillside School two years ago, we lost several more lives. Our children desire education in a safe environment.

Why do our children get to the point where they feel they do not want to be in school? What is the stigma causing this feeling in our children? Is it the home environment? Is it the school environment? Is it because of our failure as parents? Is it our failure to be role models as leaders? Is it the mechanism that we have put in place for our children to engage with the parents' body in the form of Parents Teachers Association (PTAs) in our schools? Is it the management through boards of management? Is it the administration through the teaching staff and support staff in our schools?

What is the nucleus of this problem? Is it the children who have been sent away from school because their parents are unable to afford fees and, by the time they return, they are so far behind in the curriculum and yet the examinations are looming, and they feel the intensity to perform? Is it because students have been sent out of school because their parents have been unable to pay remedial fees and tuition so that extra effort can be put into their learning? Is it because they will have to sit examinations in October and we are now in June while, apparently, neighbouring schools have already covered the curriculum? Is it students in schools with constrained resources that feel the pressure to perform because they are lagging behind?

Is it time to review the workload in the curriculum that we require our students to cover every year? Is this what is driving teachers to remain in class until 10.00 p.m. offering remedial lessons? Is it the requirement that teachers be in class at 5.00 a.m. so that they can complete the syllabus by the middle of the second term so as to have entire term to revise? What does this do to schools operating in resource-constrained settings?

It is sad for this nation that, even though we have allocated funds for a school feeding programme in our Budget, schools are burning. One of the key grievances raised by our children is the issue of meals. We are providing food through caterers. Yet our children require proper nutrition, while qualified nutritionists in our country remain unemployed.

This Motion must become the conscience of our nation. We must remove and outlaw all practices in our schools that are discriminatory to the right to education and access to education. I want to thank the Members who contributed to this Motion. Most importantly, this Motion is a wake-up call for us to have a national conversation on the issue of education.

We cannot keep complaining about capitation when, at the time the capitation figures were first formulated, schools were purchasing books, whereas currently, the Government supplies books. We talk about capitation and yet, most schools also receive additional support through the National Government Constituencies Development Fund (NG-CDF) and NGAAF. We seem to add more resources and yet, we continue to have even bigger gaps every time...

The Temporary Speaker (Hon. Farah Maalim)

You have one more minute.

I want to thank the Members of Parliament who have spoken to this Motion. However, it is not enough that we have merely spoken. It is paramount that, beyond this House, we can come up with a roadmap that will help us conclusively deal with the issues that are resulting in the disruption of learning in our institutions and affecting the performance of our children.

I thank you, Hon. Temporary Speaker. I beg to reply.

The Temporary Speaker (Hon. Farah Maalim)

Thank you.

THE PENAL CODE (AMENDMENT) BILL

The Temporary Speaker (Hon. Farah Maalim)

Yes, Hon. Oluoch Anthony.

Thank you, Hon. Temporary Speaker. I beg to move that the Penal Code (Amendment) Bill, (National Assembly Bill No.53 of 2024) , be now read a Second Time.

Hon. Temporary Speaker and Hon. Members, the purpose of this Bill is to amend the Penal Code by repealing the provisions of Section 226. The section provides that any person who attempts to kill himself is guilty of a misdemeanour. The reason we brought up this provision is very simple. Our Penal Code contains certain colonial constructs and provisions, some of which have since been abandoned by the countries which we borrowed from as best practices.

In trying to analyse and come up with the reasons why we need to amend this Bill, one of the things we need to consider is what the underlying causes of attempted suicide are. Constructing this, we must be able to look at some of the contributing factors. Some of the contributing factors include illness, depression, long-term use of medication for chronic illnesses, substance abuse, alcoholism, economic difficulties, cost of living, unemployment, social and emotional reasons, including rejection and relationship breakdowns.

Hon. Temporary Speaker, the Motion we passed a few minutes ago talks about some of the unrest in our schools. As we address those questions about unrest, we must also address issues that tend to push our children in schools not just to burn their schools, but in some instances, commit suicide. There are certain underlying factors and pressures. Some of them are historical, economic or even health-related. So, it is in this respect that the Bill intends to amend this provision to decriminalise suicide, which is seen as a social, economic and psychological issue requiring interventions, some of which could be counselling and rehabilitation, as opposed to treating it as a criminal offence.

Hon. Temporary Speaker, for those who have studied criminal law, the elements of a crime must be established in two-fold. One of them is what you call mens rea, and the other is actus reus. While it is possible to establish the act of attempting to commit suicide, how would you be able to establish the mens rea? How would you be able to establish the malice aforethought? In order to complete the cycle of what constitutes a crime, you must be able to establish that there was malice and an intention to commit that crime.

The Penal Code, as I have indicated, is a colonial construct. When we look at some of the global trends, and considering that we are a member of the United Nations Sustainable Development Goals (SDGs) , the global numbers show that suicide is on the rise. Kenya is a party to the SDGs, and according to those statistics, there is an intention to reduce global suicide rates by two-thirds. I have already indicated some of the causes of suicide, and some of them include substance abuse. Substance abuse affects this country because of economic deprivation, economic difficulties, peer pressure and other factors which we need to address outside our Penal Code system.

Mental illness, being one of the causes that requires deeper analysis, has been defined under the Mental Health Act. The Mental Health Act defines a person with mental illness as a

person diagnosed by a qualified mental health practitioner as suffering from mental illness. This includes a person diagnosed with alcoholism, substance abuse or a mental disorder. Within that definition, it also includes a person with suicidal ideation or suicidal behaviour. This tells us that attempted suicide, or suicide itself, is a mental health issue that must be removed from the provisions of the Penal Code and dealt with as a social, psychological and mental health problem that can be dealt with within the confines of the Health Act and Mental Health Act.

We need to create safe spaces where our children in schools can talk to counsellors, talk to their peers and reach out to their parents to express themselves in a manner that does not eventually lead them to suicidal ideation, an inclination towards suicide or an attempt to commit suicide. Also, those safe spaces need to be provided in our workplaces. Our workplaces are characterised by work pressure, too many demands to deliver, high expectations to meet deadlines, and immense pressure to make money and make ends meet. We need our employment laws to provide for breaks so that when employees reach a level of saturation in terms of what they can take as a result of the demand to deliver, they can be allowed to call a time-out. This happens in sports. When we participate in sports such as basketball and other events, it gets to a point where the coach or captain can call for a time-out. We must allow our employees to call for a time-out.

Considering some of the strikes that are taking place, we need to ask ourselves what the students are trying to express. They are essentially calling for a time-out. They are saying that there is too much pressure to meet obligations against standards that are now being said to be low in schools, as well as to sit for examinations and to undertake continuous assessment tests. There are poor living conditions; poor sanitation and lack of food. The students are trying to tell us that they need a time out. How do we create an environment where we are pushing and pushing and working to meet deadlines and term schedules, to the extent that we push our children and workers to suicide? We need safe exits and work spaces. Within the marriage environment, do we have provisions where marriage partners can reach out when they are under distress, when they are in abusive marriages or when they are in situations where they cannot talk to anybody else and the only option left is for them to commit suicide? This is what we are trying to address by trying to criminalise persons that I have described. It is an attempt to totally remove ourselves from situations in which you and I may find ourselves.

I have already indicated that long-term use of medication makes somebody predisposed to suicidal ideation. That is something that is completely uncontrollable by the person who is taking the medication. There are people who are on long-term medication because of high blood pressure. There are people, even in this House, on long-term medication because of cancer treatment. There are people on long-term medication for very many ailments, some of which are terminal and some of which are not terminal. How then do we criminalise somebody who finds themselves in such situations and becomes suicidal, when they attempt suicide or when they exhibit suicidal behaviour?

Hon. Temporary Speaker, as we continue to retain Section 226 of the Penal Code, which we borrowed from the United Kingdom, it is important to note some of the global trends. The United Kingdom itself repealed the provision that criminalises attempted suicide decades ago. In Africa, countries including Ghana and Zambia have since repealed this provision. Countries like Malaysia, Guyana and Pakistan have also repealed it. Those are comparative jurisdictions and best practices that we need to lean on. This is a colonial provision that has no place in contemporary Kenya, where we are now more alive to the issues that have already been raised. Global trends show that 11 out of every 100,000 people die by suicide each year in Africa. Globally, the figure is nine out of every 100,000. The World Health Organisation (WHO) statistics also show a clear predisposition to mental health disorders and depression as issues that need to be dealt with.

Hon. Temporary Speaker, the Bill, therefore, seeks to remove from the Penal Code the provision that says that if you attempt suicide, you are a criminal. The Mental Health Act, which this House passed in the 12th Parliament, already provides that a person with mental ideation, mental disposition or mental behaviour is a person who needs assistance. We already have an Act of Parliament on how we can deal with that situation. Therefore, this amendment speaks to the questions and concerns from stakeholder engagements I responded to when we appeared before the Departmental Committee on Justice and Legal Affairs. Some of those concerns were how we will deal with such situations if we do not have an alternative provision. I pointed out to them the provisions in the Mental Health (Amendment) Act, 2022. In its definition, mental health is defined to include persons who have mental ideation. Therefore, as we remove this provision, there will be a safe exit and safe space for the many persons who are suffering from mental health problems.

A person who is mentally disturbed can be anybody in life. If you have continuous mood swings, continuous depressed feelings, continuous feelings of not wanting to talk to people for a period of one to two weeks, you are mentally disturbed. If that feeling, which sometimes you have no control of, leads you into suicidal ideation, how can that be criminal? That cannot be criminal. Therefore, without overstating these facts, I persuade the Members and professionals that I have talked to, to agree with me.

Hon. Deputy Speaker

Hon. Oluoch, I thought suicide was decriminalised?

The provision was not repealed. It still stands.

Hon. Deputy Speaker

Is that so? I know there was…

It is under the Penal Code Section 226.

Hon. Deputy Speaker

I know it was being followed up by the Kenya Psychiatrists Association (KPA) .

True. I have engaged with them, but it did not land on the Floor of the House that resulted in a repeal. As it is, if today one is found to have attempted suicide, one is liable to be taken to court for attempted suicide. It is in regard to this that even the professionals in the psychiatry industry and mental health space have recommended very strongly that this House finds it fit to delete or repeal this provision. I thank you, Hon. Deputy Speaker.

Hon. Deputy Speaker, I beg to move. I ask Hon. Caroli Omondi to second.

Hon. Deputy Speaker

Hon. Caroli.

Thank you very much, Hon. Deputy Speaker, for giving me this opportunity to speak on this matter. Hon. Members, we are dealing with a piece of legislation that has its roots, not just in the colonial period, but way far back because of religious influence and lack of advanced knowledge on mental health. Suicides and attempted suicides were viewed as an affront to God, the Giver of all life and consequently, were criminalised. We are trying to deal with an issue that, over a long period of time, has had very strong religious influence. However, modern knowledge teaches us that suicide ideation, as described by my good friend Hon. Oluoch, is a factor that is not just a matter of intending to take away one’s life as an affront to God the Almighty the creator. It could be at the intersection of very many factors like psychological, mental health issues and sometimes normal frustrations in life. We now need to look at it very differently. Not as a crime against the State or religion but as a consequence of the society which we live in and very many social factors.

However, let us get to understand it even better. Suicide in the world is the fourth leading cause of death amongst young people, especially those who are between 15 and 29 years. We all know that a new generation is coming up that have been greatly affected by the

impact of social media and new technological advances in the way we live and communicate and so, this problem will worsen.

Statistics from the World Health Organisation (WHO) on suicide deaths affect mostly the low-income families and middle-income countries. Africa is leading, followed by the Americas in second place and the Mediterranean in third place. The World Health Organisation (WHO) estimates that approximately 700,000 people die by suicide every year. That is the global suicide mortality rate. Those statistics indicate that suicide mortality rates are higher than deaths due to malaria, HIV/AIDS, breast cancer, homicide and even war.

Suicide rates are higher amongst males. The WHO estimates that about 13 males per 100,000 people are likely to commit suicide every year, with the suicide rate amongst females being about 5.4. It is a very serious problem. The data from the WHO on Kenya estimates that we average between 3,000 to 4,000 deaths by suicide per year. According to the 2019 data statistics, 2,371 Kenyan males and 843 females committed suicide, bringing the total to about 3,214. It is a problem with a gender dimension.

About 20 countries still criminalise suicide and suicidal behaviour; with Kenya being one of them as evidenced by our penal code. Many countries have decriminalised it, with England playing a big role. Decriminalisation would reduce the stigma associated with this mental health issue and afford those affected the opportunity to seek help. Also, decriminalisation will improve effective suicide prevention and intervention, and commit more resources to deal with suicide as a public health issue.

I urge Members to view this issue as requiring urgent attention. This will allow us to decriminalise suicide to enable the Government to institute effective ways of dealing with it, since it affects many youths. Mental health is one of the biggest medical challenges that is facing young people today, who have been exposed to social media and other forms of technology. Other contributing factors include social dynamics such as changes in the family setup, living conditions and communication styles, as well as the breakdown of the community and lack of access to necessary social and psychological protections due to economic stress. I congratulate Hon. Oluoch for bringing this amendment Bill. I hope Members will support it.

With those few remarks, I beg to second.

Hon. Deputy Speaker

Hon. Members, before we proceed, allow me to recognise the presence of students from the following schools, who are seated in the Speaker's Gallery:

Thank you very much, Hon. Deputy Speaker. I take this opportunity to welcome all the students who have visited Parliament today. Your time as a student will come to an end. Know that you will soon be out of school, but the discipline, obedience and hard work you have learnt will determine your life’s trajectory. I also encourage you that success is very intentional. What your teachers and parents are telling you or whatever you do today and every day will shape your life. Hard work always pays.

I wish you well as you go home. Welcome back to visit Parliament every time, any time. It is a good place to learn. As leaders of this country, we will always support you as our children and students. You will be one of us one day, when you work hard.

Thank you so much.

Hon. Deputy Speaker

Members who want to contribute, kindly, press the intervention button. Hon. Bartoo, Member for Moiben.

Thank you for giving me a chance to contribute on the Bill. I support decriminalising of suicide or attempted suicide because it has become a very big challenge in Kenya. Tomorrow, I will be going to my constituency to bury a lady. She decided to travel all the way from Kilifi County where she was working. When she arrived home, she went straight to look for a rope to strangle herself. Fortunately, members of the family saw her and took her to hospital. Sadly, while in hospital at night, she took a leso and strangled herself and we are going to bury her on Friday. Suicide should not be taken as a criminal offense because we do not understand exactly what brings it. My colleagues have talked about medication, drug abuse, pressures and obligations from society, and so on. I thought that such a law had been operationalised. It is sad and not right if it still applies.

Reports from the Kenya Medical Research Institute (KEMRI) show that four people commit suicide every day in Kenya. In every 100 people, four people commit suicide. Some cases are not reported or are under-reported. That is a very big number. Multi-faceted research should be carried out to find out exactly what causes suicide or attempted suicide. It should be taken as a very serious disease like the Ebola Virus that we are trying to fight. Suicide should also be considered along the same lines. It is a socio-psychological problem that is caused by multiple issues, situations and pressures in the society. It does not discriminate on age or gender. Men, women, girls and even young people have committed suicide.

The problem is so serious in Kenya at the moment that we need to sit back and decriminalise it. Let us also find out what could be the problem and look for solutions. We should look for solutions way in advance if we observe signs that can lead to suicide or suicidal attempts. People who attempt to commit suicide should be treated with the dignity they deserve. They should not be judged like in some societies where one who commits suicide is buried outside the community because they are a curse. Such practices and cultures should not be allowed. They should be banned because suicide is a disease just like any other disease. We should look for its medication rather than making it a criminal offense. Therefore, suicide should not be treated as a criminal offense. It should be treated as a disease and given the attention that it deserves. Research should be done on the multiple causes of suicide.

The girl I talked about kept telling people that she heard voices encouraging her to commit suicide. She was in a medical facility where she was treated for about six months. Nobody understood what her problem was. She kept hearing voices encouraging her to go ahead and commit suicide until she eventually did it in a medical facility. That is very serious. If research is done and this issue is treated as a medical condition, it will go a long way to avert it. That is better than criminalising it and treating people who have committed suicide as criminals. When they die, we do not give them a send-off that they deserve. As I go to attend that girl’s burial, being that she comes from a community that criminalises suicide and looks at them as outcasts, I will not be surprised if the girl is buried at the edge of the fence or near the roadside and people not allowed to speak in her funeral. You know, to them, it is like an abomination. So, we should come out of criminalising suicide and understand that we are facing a serious issue in the society. We should be looking for its solutions other than criminalising it. I rest my case.

Hon. Deputy Speaker

Thank you. Hon. Wamboka.

Thank you, Hon. Deputy Speaker, for giving me the opportunity to contribute to this wonderful Bill by my lawyer and brother, Hon. Oluoch. There are many factors that can lead one to take away their life. In most cases, those factors are beyond one’s control to take away their lives. First, the law incriminating suicide is colonial. We are still living in colonial times even after gaining our Independence. The colonialists themselves have moved away from that law. The British people no longer subscribe to this law, while Kenyans are still dealing with this law. So, it is encouraging that Hon. Oluoch saw it fit to bring this amendment Bill. There are many factors that can push someone to take

away their life. Some of them are economic factors. We have lost so many people. My heart goes out to teachers and police officers. Teachers go through a lot of stress in this country. Teachers today cannot get medication. The insurance they have with SHA is not working and it makes it very difficult for them and their families to survive.

Two, taxation has caused a lot of hell for teachers. A teacher graduates from a university or a college and when he or she starts working, he or she takes a loan to buy property, acquire a piece of land or build a house. However, when he starts paying for that loan, ghafla bin vuu, the Government introduces taxation called the Affordable Housing Levy which depletes their payslips. Now those teachers are left without salaries. I interact with many of them in Bumula Constituency and across Bungoma County, where my heart is. Those teachers are suffering. Many of them see a bleak future and do not know how they will survive. Some even contemplate taking their own lives. In such a case, a teacher should not be treated as a criminal.

Today, we are witnessing unrest in many schools. This is because a number of students we are raising have lost hope. They believe the future is bleak. The situation their parents are going through is not good. Students today see their parents suffering. When we were growing up, we were told to go to school, work hard and secure a good job. Today, students see many educated people without employment. This places a lot of pressure on them because they do not know what awaits them after completing their studies. Indeed, we have seen even young people take their own lives due to such stress and lack of hope for the future.

I come from a sugar-cane-growing area. As we speak today, many farmers associated with Nzoia Sugar Company are going through similar situations where they want to take their lives. This is because things are not working. They plant their sugar-cane and till their farms. When the crop is ready for harvesting, they are unable to obtain a license to cut and transport the cane to the factory for milling. As a result, those farmers are living in despair. Many Nzoia farmers have children at home. Imagine sitting with your children at home while mature cane remains unharvested in your farm.

The entity that took over Nzoia prefers importing processed sugar and stocking it in warehouses rather than purchasing cane from local farmers. They do not need those farmers anymore. To obtain harvesting permits, some farmers are required to pay bribes, which they do not have. The longer the cane remains in the fields, the more its sucrose content declines. What, then, is the farmer expected to do? As we speak, many Nzoia farmers have become victims of suicide. This Bill seeks to address a lot of those problems.

Finally, we are also losing many police officers due to stress-related issues. I have a brother called Isaac who is a senior police officer. Through him, I have seen some of the challenges that police officers face. I have seen some of my friends who are police officers commit suicide because of the stress they endure. Those are the people who guard us, protect our homes, safeguard our security and ensure that our country remains safe, but are they happy? No! They are committing suicide every day.

Recently, the bodyguard of the Member for Wundanyi committed suicide. This was attributed to stress. At the end of the month, some officers receive pay slips with negative figures due to the hard economic times. The Housing Levy takes a portion of their earnings and yet, many do not see the houses. The Social Health Authority (SHA) takes money and yet, it cannot treat his wife and children. That young man had to take away his life, which is very unfortunate. My heart goes out to those officers who are doing a good job and are helpless. In such a case, we cannot criminalise them because they are being pushed by social factors. Times have become very difficult because of the policies that the Government comes up with. Economic policies make lives very difficult. It is a very difficult moment to be a Kenyan because the cost of everything is up. When fuel goes up, everything else becomes expensive. Every worker or people who have payslips today, including these Clerks-at-the-Table who are seated here and our Serjeant-at-Arms, are crying.

At the end of the day, even as we pass this good Bill from my brother Hon. Oluoch, let the Government consider lowering the cost of living for Nasimiyu, Wanjiku and Chepchirchir to be safe in this country, and for Kenyans to feel that they are Kenyans and to be proud of it. At this rate, Kenya will crash because life is unbearable. Nobody is going to sustain this life. When those young people come out of universities without jobs, and they cannot fend for themselves and have nothing to eat, they will go for those who have. They will go for those whom they think have caused all those problems.

I support this Bill and encourage my lawyer, Hon. Oluoch, to continue coming up with such pieces of legislation for posterity.

Hon. Deputy Speaker

Hon. Timothy Toroitich, Member for Marakwet West.

Thank you, Hon. Deputy Speaker, for giving me an opportunity to comment on this Bill. At the outset, I wish to congratulate Hon. Anthony Tom Oluoch for bringing this Bill to Parliament. The Bill is seeking to decriminalise suicide or attempted suicide in this country, as provided for under Section 226 of the Penal Code.

I have a few issues and reservations on this Bill. Human life is sacrosanct. Article 26 of our Constitution provides, in very clear terms, that human life is a fundamental right. Everybody has a right to life. Therefore, this means that the Government has an obligation to protect the life of its people against others and self. Nobody should be allowed to take away their life.

Further, under this Bill, the Member has made a general assumption that attempted suicide is solely an act of mental health or mental health issues. When this provision of law was crafted, what was the mischief behind it? My own interpretation or understanding is that it was meant to deter human beings from taking their lives, bearing in mind the sacrosanct nature of human life. Therefore, it is a provision to protect individuals who want to harm themselves. Nowadays, we have a young group of people whom if you deny them small things, like a school trip, they threaten to take away their lives. Therefore, there must exist a provision in law to deter or warn those young people or any individual that any attempt to take away your life is criminal in nature.

In as much as the provision is intentional, my opinion is that, first of all, we must have an exemption, not just a sweeping decriminalisation. Before determining whether it is a mental issue or not, it must be subject to medical assessment, so that cases where individuals want to take their own life for no reason, then those individuals must be charged in a court of law with attempted suicide. But where it is ascertained by a medical professional that it is actually a case of mental health, then that particular provision may apply in respect of decriminalising that particular act. If it is a case where there is no underlying mental issue, then my opinion is that provision should be retained in law to prevent harm caused by individuals who want to take their own life on a basis that does not have any underlying mental issue. I want to call upon the distinguished lawyer and advocate, Hon. Anthony Oluoch, to rethink so that we have exemptions. We must look at the mischief behind the provision of this law as provided for in the statute as it is.

I submit and thank you.

Hon. Deputy Speaker

Hon. Members, allow me to recognise the following schools who are seated in the Speaker’s Gallery: Arya Vedic Academy from Starehe Constituency, Nairobi County and Kianjokoma St. Andrew's School, Manyatta Constituency, Embu County. On behalf of myself and the House of Parliament, we welcome you to the National Assembly. Thank you.

Hon. Rashid Bedzimba, Member for Kisauni.

Ahsante sana, Naibu Spika, kwa kunipa fursa na mimi kupenyeza sauti yangu kwenye Mswada huu. Ni kweli msongamano wa mawazo

ni moja ya sababu zinazowafanya watu kujitoa uhai. Wengine wanajitoa uhai kwa sababu ya mapenzi, wengine kwa sababu ya madeni. Ziko sababu nyingi tu ambazo zinampelekea mtu kujitoa uhai. Lakini mimi napinga kuhalalishwa kwa watu kuweza kujitoa uhai. Kwa sababu hiyo, tunawapa fursa watu wengi kuweza kufanya kitendo hicho ambacho si sahihi.

Vile vile, ni kwamba katika vitabu vya Mungu vyote, inakatazwa mtu kutoa uhai kwa sababu uhai ni wa Mwenyezi Mungu. Kwa hivyo, si haki mtu kusema kwamba mimi, kwa sababu ya uzito huu ama ule, niweze kujitoa uhai. Ni kweli zaidi ya watu elfu tatu nchini Kenya wanajitoa uhai kila mwaka. Lakini tuangalie ni sababu gani ambazo huwafanya wajitoe uhai ili tuweze kutatua hiyo shida. Na kama kila hospitali ambayo iko katika county ama katika eneo bunge iwe na vyumba vya ushauri ili watu wapate fursa ya kwenda kushauriwa wakati wana mambo yanayowatatiza kwenye roho zao.

Vile vile, hata katika Vikosi vya Polisi, kama ilivyotajwa, na vikosi vyote vinavyohudumia wananchi, ambavyo tunaona kwamba matukio ya kujitoa uhai yamekuwa mengi, kuwe na sehemu ambapo wanapewa nafasi ya kwenda kushauriwa ama kueleza uzito wao. Lakini si sawa kusema kwamba iondolewe katika upande wa sheria, kwamba hatia, tuseme si hatia. Hiyo inamaanisha sasa watu wengi watajitoa uhai. Wengi watajitupa barabarani. Wengi watajitupa baharini kwa sababu tayari wanajua hiyo sheria. Kwa hivyo, mimi nasema kwamba sheria isimame vilevile, kwamba ukijaribu kujitoa uhai ni hatia, na kama kuna uzito, isiwe sababu ya kukufanya ujitoe uhai.

Ahsante sana, Naibu Spika.

Hon. Deputy Speaker

Ahsante. I want to recognise also a school that is seated in the Public Gallery, Nkubu Boys High School from Imenti South Constituency, Meru County. We welcome you to the House of Parliament. Hon. Members, when we resume on Wednesday, the first person to be prioritised will be Hon. Harrison Kombe, the Member for Magarini Constituency. He was the only one left. Thank you.

ADJOURNMENT

Hon. Deputy Speaker

Hon. Members, the time being 1.00 p.m., this House stands adjourned until this afternoon at 2.30 p.m.

Hon. Deputy Speaker

Published by

Clerk of the National Assembly

Parliament Buildings