I order that the Quorum Bell be rung for 10 minutes. (The Quorum Bell was rung)

I order that you stop the Quorum Bell. Hon. Members, we are now ready to transact business. Clerk, proceed.

The Deputy Whip of the Majority Party.

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

Reports of the Auditor General and Financial Statements for the years ended 30th June 2021, 30th June 2022, 30th June 2023, 30th June 2024 30th June 2025 and the certificates therein in respect of the following:

Next Order.

We have a request for a statement from Hon. Machua Waithaka. Is he in the House? You may proceed.

Thank you, Hon. Temporary Speaker. Pursuant to the provisions of Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations regarding the deaths of four Kenyan migrant workers in the Middle East.

The increasing number of young Kenyans seeking employment opportunities abroad has brought hope to many families. However, for some migrant workers, the pursuit of better economic opportunities has ended tragically. In the past two months, four residents from Ting’ang’a and Ndumberi Wards in Kiambu Constituency, namely: Mr James Ndung’u Ngige of Passport No. CK15xx11; Mr George Ngugi Muiru of Passport No. AK03xxx41; Mr Erastus Kiarie Kinyanjui of Passport No. AK06xxx19; and Mr George Chira Njuguna of Passport No. BK10xxx22, who had travelled to Qatar and the United Arab Emirates for employment, reportedly lost their lives under unclear circumstances within a few weeks of arriving in the respective countries. These unfortunate events have caused immense grief to the affected families and raised serious concerns regarding the safety, welfare and protection of Kenyan migrant workers in the Middle East.

It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Defence, Intelligence and Foreign Relations on the following:

Is the Chair of the Departmental Committee on Defence, Intelligence and Foreign Relations in the House? In the absence of the Chair, I would like to pass this to the Leader of the Majority Party. When can this request for a statement be responded to?

In two weeks, Hon. Temporary Speaker.

In two weeks. Is that okay with you, Hon. Machua?

It is okay, Hon. Temporary Speaker.

Thank you very much. Next Order.

Hon. Members, no one was on the Floor on this Bill, so anyone is free to contribute. Are there any Members who are interested in Order No. 10? Hon. Owen Baya.

Hon. Temporary Speaker, I rise to request that, now that the debate was done very well, the Mover be called upon to reply so that we can move to the next Order.

Thank you, Hon. Temporary Speaker.

The Mover is here. He is coming in.

Yes, I can see him.

Hon. Didmus Barasa, you are supposed to be in your seat and replying.

I would like to put the question.

(Question, that the Mover be now called upon to reply, put and agreed to)

Thank you, Hon. Temporary Speaker, for giving me this opportunity to move that the National Transport and Safety Authority (Amendment) Bill…to reply. I want to thank…

I would like you to go on record and say clearly what you are doing. You are replying.

Hon. Temporary Speaker, I beg to reply. I thank all the Members who have contributed to this Bill. I also want to assure them that I have

I will put the question. (Question put and agreed to) (The Bill was read a Second Time and committed to the Committee of the whole House)

Next Order.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 3 and substituting therefor the following new clause—

Yes, Hon. Chairlady. The amendment is to confer upon the Kenya National Highways Authority (KeNHA) the function of designing and constructing designated tracks for non-motorised transport, with appropriate signage.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you. (Question of the amendment proposed) Is there any interest in this? There is no interest. (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) (Clause 3 as amended agreed to) Hon. Members, if you wish to participate in this Bill, please press the intervention button. Clause 4

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

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 4 and substituting therefor the following new Clause—

Thank you, Hon. Temporary Chairlady. Road signage must be put on roads. These designations are also very important. This is because,

Amendment of section 7 of Cap. 408.

Thank you, Hon. Temporary Chairlady. I support the amendment by Hon. Naisula Lesuuda.

(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) (Clause 4 as amended agreed to) Clause 5 The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I will start with the amendment by Hon. Naisula.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 5 and substituting therefor the following new clause—

Thank you, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): One minute, please. Take your seat first. (Question of the amendment proposed) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Now, Hon. Vice-Chair, you may proceed.

Hon. Temporary Chairlady, I propose that the Bill be amended by deleting Clause 5.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I was asking you to comment on the proposed amendment by Hon. Lesuuda because you realise that they are the same. If hers is accepted, yours will fall. Therefore, you may proceed to make comments on Hon. Lesuuda's amendment.

Amendment of section 10 of Cap. 408.

I have put it in a better version without changing anything, but to ensure that the amendment provides the appropriate numbering to the Bill. Hon. Temporary Chairlady, we propose:

THAT the Bill be amended by deleting clause 5 and substituting therefor the following new clause—

This is basically to ensure that the Bill is also amended by inserting the following new clause immediately after Clause 5: That the Principal Act is amended by inserting the following new section immediately after Section 11A…

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Vice-Chair, I noticed that you are going outside this amendment. (Hon. (Dr) Robert Pukose raised his hand) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Before we go to you, Hon. Pukose, the amendment by Hon. Lesuuda is the same as your amendment. Look at Clause 5, Part aa, and then go to Hon. Lesuuda’s amendment on Page 2144. You will realise that they are the same. Therefore, I wanted you to comment on hers so that we can decide on hers first.

Thank you very much, Hon. Temporary Chairlady. I have realised that they are very similar. I, therefore, drop mine and support the amendment moved by Hon. Lesuuda.

(Proposed amendment by Hon. Didmus Barasa dropped) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you very much, Vice- Chairperson. Hon. Dorothy, do you have an interest in this? (Hon. Owen Baya raised his hand) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Deputy Leader of the Majority Party. Hon. Ikiara, Hon. Baya takes precedence. I will come to you.

Thank you. The amendment proposed by Hon. Lesuuda is good. I want to tell my brother that Hon. Lesuuda has discouraged you as false. Therefore, you do not have to belabour the point. This amendment is very good, and I think we need it to move the country forward. If you go to more modern cities, this is what you see: cycling lanes, pedestrian walkways and even walkways for people who need assistance.

However, Hon. Lesuuda, you also need to move forward and not just state what the authority needs to do. You may need to look at how we can implement it. Do we compel the National Treasury to ensure that funds are provided? When funds are set aside for a road, I thought that funds should also be set aside for the construction of these facilities. If we leave it this way, yes, the law compels them to do it, but they may cite lack of funds and other challenges and avoid doing this. Amendment of section 10 of Cap.408.

Hon. Temporary Chairlady, I quite agree with what the Deputy Leader of the Majority Party said. We should ensure that we provide funds for these amenities. Otherwise, even if we provide for them and do not facilitate their implementation, it will be an exercise in futility. However, I support the amendments by Hon. Naisula. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you.

(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) (Clause 5 as amended agreed to) Hon. Members, now that Hon. Naisula’s amendment has been carried, the one for the Committee falls. In any case, the Committee agrees with Hon. Lesuuda’s amendment. So, there is no problem. Clause 6 The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Lesuuda.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 6 and substituting therefor the following new Clause—

Section 22 of the principal Act is amended—

This is a very important amendment, Hon. Temporary Chairlady, because county governments are the owners of the lands where most of

Thank you, Hon. Temporary Chairlady. I support these amendments. The differences in wording are minimal and mean the same thing. So, I am dropping the Committee's proposed amendments to support the version proposed by Hon. Naisula. Thank you.

(Proposed amendment by Hon. Didmus Barasa withdrawn) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you very much, Hon. Chair. I do not see any other interest in this, so I will go ahead and put the question.

(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) (Clause 6 as amended agreed to) Now that the Hon. Lesuuda’s amendment has been carried, the one by the Committee falls. Clause 7 The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Lesuuda.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 7 of the Bill be amended in the proposed new section 46A—

Thank you, Hon. Temporary Chairlady. I want to support this Clause 7 as proposed by Hon. Naisula, especially the issues of green infrastructure. I recall Hon. KJ had brought this issue of green infrastructure before the House. Most of our newly built roads do not have trees planted on the sides. Planting trees along these roads is essential to help clean the air, reduce carbon emissions, and protect our environment. Even when driving along a road with trees, it feels much better, making this an important effort. Hon. Temporary Chairlady, I fully support. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Yes, go ahead, the Hon. Baya.

Thank you. I am happy to contribute to this, Hon. Temporary Chairlady. I take exceptional cognisance of paragraph (e): the use of green infrastructure and environmental protection. I want to say the following two things. I support you, Hon. Lesuuda. I can see you are being apprehensive. I support the Bill, but I want to state the following regarding the use of green infrastructure. We see solar lights being installed on many roads by both national and county governments as part of our green energy initiative. However, durability is a problem; these solar lights rarely last more than five years. Then they no longer work. So, the next government comes and also puts another post next to it. So, you now have two posts. The next one comes and puts another one. So, our roads are now littered. I want to deliberately use the word “littered” because of the green energy thing. Roads are littered with posts with lights that do not work. So, you have a lot of dirt. It is not neat anymore on those roads. So, when we talk about green infrastructure, we need to rethink solar energy on our roads. If solar lighting cannot last for up to 30 years, it should not be installed at all. I have seen this issue clearly on the roads in my home town of Watamu. If you go to that town, you will not want this to be done because every regime is putting up a solar lamp. Kenya Power also has its own lights. Therefore, it is littered. The second one is the same (e): environmental protection. I like the way that we want trees. Very well, but what does Kenya Power do? We have planted so many trees to create nice boulevards so that we have greenery in the town. But when those trees grow closer to those power lines, Kenya Power comes without notice and without regard to anything and cuts all of them, leaving the town bare. We need to find a pattern of development on the road. We put the green energy lines, whether solar, where trees should be planted and where Kenya Power lines should be, in such a way that it is neat, so that Kenya Power does not destroy the effort of many young people who stay in the scorching sun to plant trees. Municipalities spend a lot of money to water those

Thank you, Hon. Temporary Chairlady. First, I support the amendments by Hon. Naisula because they are similar. I want to react briefly to what Hon. Owen Baya has said by saying the following:

First, trees are important for environmental protection. Now, we cannot put into this law the type of trees to be planted and where. It is the responsibility of the road agency not to plant those trees under the power lines. So, we are not going to put into this legislation that you have to plant. It is common sense that where the power line passes, they should plant shrubs that do not go beyond the power lines because the power lines must also be protected. So, we are not going to prescribe which type of trees to be planted and where. So, those who will be planting should not plant trees under the power lines. So, this is in order.

Second, we cannot discourage this country from enhancing solar or green energy. We need to tell the agencies to have a maintenance plan so that these solar plants are maintained to avoid over-reliance on electricity, which is not clean. It is a bit dirty. So, Hon. Owen Baya, the other agencies should pick it up from where Hon. Naisula has left off to ensure that they do not erect another solar light where there is an existing one. They should repair and have a maintenance plan. But green or solar energy is the way to go. I wish to drop the Committee's amendments and support the amendments by Hon. Naisula.

(Proposed amendment by Hon. Didmus Barasa dropped) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Before we go to Hon. Lesuuda—I can see she wants to comment—let us hear Hon. CNN.

Yes, just as suggested by Hon. Owen Baya, it is very important to note that solar energy is the way to go. It is clean. It is very important, and we have plenty of sun in our country. What we need is proper continuation by county and national governments to ensure the lights are maintained properly. It does not have to last for 30 years. But maintenance can even make the lights last longer. So, I support this.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you very much. Hon. Owen Baya.

You know, Hon. Didmus Barasa is my friend. I like him, and I like his cap. Although it is not Parliamentary, we have allowed him to wear it in the House. But you know, Kenya Power needs to have a program. The more trees they cut, the more they must plant. Suppose this tree is in the wrong place; fine, because it interferes with the power. They can cut it, but they also need to provide a plan for planting more trees. They do not destroy what is in existence.

Thank you, Hon. Temporary Chairlady. I think the amendment is in order. I laud what the Hon. Chairperson of the Committee has just indicated. That trees and environmental protection are part and parcel of any construction progress in this country.

The fact is that before even Kenya Power put up their poles, they did wayleave signing. So, they need to know that we have trees, and if they are going to cut them down, it will be one among many. They are not going to cut everything. So, this is not going to stop the road contractors; by maintaining the environment and keeping it safe, we make the place better and more conducive to living. It is wrong for our society not to have trees growing, and it is very important for our health and the environment. I support.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you very much, Hon. Chairperson. Hon. Lesuuda, you can be the last one on this.

Thank you, Hon. Temporary Chairlady. Listening to my colleagues, I believe we are all saying the same thing. We agree that green infrastructure is very important for protecting the environment. We all remember what Waiyaki Way was like during the time of the late Gakuo. Do you remember how the trees were, and how beautiful it was even driving there? But now, when you use that Waiyaki Way, there are no trees at all.

The Cabinet Secretary will make additional Regulations. I will be very keen to see the issues of those solar lines, because it also talks about the promotion of innovation. We also need to be innovative in how we put up the green infrastructure. I will be very keen to see the regulations the Cabinet Secretary will bring to this House.

Thank you, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you very much. (Question, that the words to be inserted be inserted, put and agreed to) (Clause 7 as amended agreed to) Hon. Members, now that Hon. Lesuuda's amendment is carried, the one by the Hon. Chairperson of the Committee falls.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 8 and substituting therefor the following new Clause— Insertion of a new section 46B in Cap. 408.

Thank you so much, Hon. Temporary Chairlady. I congratulate my sister, Hon. Naisula Lesuuda, who has brought this Bill to this Floor and reached this stage. You will agree that she is one of the poster girls for affirmative action. She has been nominated and elected twice and is now going for a third election, which will be successful in Samburu West.

I want to support this amendment. When you drive in Nairobi, sometimes you may see a traffic offence being committed, maybe by a public transport vehicle. Yet the police will harass a smaller car on the side but let the matatu go. Therefore, the issue lies in enforcement. This goes to whoever will be seeking to be re-elected or elected as President in this country; we need to fix the systems. There is something that we are not doing right. We may build very good roads or do very well in building very good houses, but if we do not have rules being enforced and followed, we will be doing all this in vain. I therefore support and hope that the enforcement will be done properly, and that order will be restored on our roads.

I say this knowing that those of us from Nakuru know what kind of accidents we are witnessing every day. Families are being wiped out. Just the day before yesterday, we had a very bad one in Karai. This can be solved by having order on the roads and just following the rules. I support. I hope that this will be enforced in real time.

Thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you. Hon. Melly, Member for Tinderet, go first.

Hon. Temporary Chairlady, the amendments by Hon. Lesuuda are very important for this country, now and in the future. When we travel outside the country, we see the seamless flow of traffic. We see the order and even the way the

Well, I agree with Lesuuda, but I am looking at the constitutionality of this clause: the traffic police. We also know that the Fourth Schedule of the Constitution is very clear and says that, functionally, traffic enforcement is in the hands of counties. It is in the hands of county governments. If we say "traffic police," that probably requires an addition. You need to add it so that you can compare. Part 2 of the Fourth Schedule delegates traffic and parking to county governments. I have seen towns where police come in. In a town like Mombasa, traffic control and all that is actually done by the county enforcement. I do not know whether it happens here in Nairobi and other towns, but constitutionally this could be interpreted as overreach. I think it requires an amendment.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I will go first to the Hon. Chairman, then come to you, Hon. Martha Wangari.

Thank you, Hon. Temporary Chairlady. I support these amendments and say the following. One is that in our country we have a problem of lack of enforcement. This is because those found breaking traffic laws are usually inconvenienced in going about their business. Something which makes them appear as if they want to bribe the enforcers so they can get away with it. As it is a tradition everywhere across the world, when you commit a traffic offence, you are supposed to be given a form prescribing the amount of money that you should pay. You do not have to pay it immediately. You can be given as little as 24 hours or as long as 12 days. Once that is done, then there will be no form of inconvenience that will make the enforcers try to assist the offender by asking for a bribe so that they can go about their business.

Two, on what Hon. Owen Baya has said, we should not confuse the Traffic Act with what Hon. Naisula is proposing to cure. The Traffic Act gives the traffic police officers the mandate to enforce the Traffic Act. Even the County Government Act spells out the mandate of the county enforcement officers about traffic flow. We therefore cannot put everything in this legislation. I support the amendment as it is, as suggested by Hon. Naisula.

Thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Members, as we proceed, it is important to note that this Bill concerns counties. What the Deputy Leader of the Majority Party, Hon. Owen Baya, has said is relevant. There is no harm because it will still go to the Senate anyway, and it is indicated in the Bill. I believe that the mover had looked at it clearly. On the statement on how the Bill concerns county governments, it is indicated that it concerns counties.

Let us have Hon. Martha Wangari. After that, I will put the question.

Hon. Temporary Chairlady, I support this amendment, but I hear what Hon. Owen is talking about. In the Fourth Schedule, county transport is a delegated function. It touches on the county roads, street lighting, traffic, parking, and public road transport in the counties.

Thank you, Hon. Temporary Chairlady. I support the amendment on enforcement. However, it is also important to inculcate virtues in Kenyans so that it is not about the police forcing people to do things. It should be natural. Just like in advanced countries where people differentiate and respect pedestrian paths from roads for vehicles. Even our schools should support inculcating these virtues in our students, so that we have a smooth society.

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

Thank you, Hon. Temporary Chairlady. After consultation with my colleagues, and having listened to Hon. Martha, I agree to maintain it as it is. The different agencies have a role to play both at national and county levels. There is also an amendment for the counties. I also want to let my sister, Hon. Bartoo, to know that people in advanced countries do not just follow rules because it is the right thing to do. They have very strict and serious penalties with dire consequences. If anything, theirs are instant. Once you get home, there is the ticket. No one wants to get a ticket. If you get the ticket twice or thrice, your licence is revoked. Just normal human beings would like to be policed. As Kenyans, we must be policed to follow the law and rules.

Thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you very much. (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) (Clause 8 as amended agreed to) Clause 9 The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Naisula Lesuuda.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 9. It is meant to delete a provision that unduly restricts the coming into force of the proposals contained in the Bill. Initially, I had given a time-frame but I changed it after listening to my colleagues during the Second Reading. In the debate, they said we should not give a limit that it comes into force after 5 or 10 years. It could come into force immediately. That is what this amendment is doing.

Thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I would like the first chance to go to the Chairman after I propose the question. Both are deletions. (Question of the amendment proposed)

Hon. Temporary Chairlady, I want to commend Hon. Naisula. When she appeared before the Committee, these were the concerns that we had. She is very brilliant. She carried the Committee’s aspirations by deleting it so that the Bill can come into effect immediately it is assented to. Thank you, Hon. Naisula. I ask the people who elected you to give you a third term.

Thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I do not see any other interest in this amendment.

(Question, that the words to be left out be left out, put and agreed to) (Clause 9 deleted) New Clause 5A THAT, the Bill be amended by inserting the following new Clause immediately after Clause 5— Insertion of a new section 11A in Cap. 408. 5A. The principal Act is amended by inserting the following new section immediately after section 11— Functions of county governments. 11A. Each county government shall—

Hon. Temporary Chairlady, I beg to move that new clause 5A be now read a Second Time.

It seeks to compel each county government to construct designated tracks for non- motorized transport on their roads and erect appropriate signage for them. They are supposed to maintain and enforce the use and operations of non-motorized transport. This is what the Deputy Leader of the Majority Party was referring to. The county government has a very big role in ensuring that there is enforcement at the county level, and also creating public awareness on safety and use of non-motorized transport.

In the other amendments, we looked at agencies like KeRRA, KURA and KenHA. We also have to task the county governments since they also construct roads, especially in the towns and the cities. We need to have that uniformity. This role is then given to the county governments.

(Question, that the new clause be read a Second Time, proposed) The Temporary Chairlady (Dr) Rachael Nyamai): Chair, what do you have to say? You have a similar amendment.

We will drop our amendment and support Hon. Naisula’s amendment since they are similar.

(Proposed New Clause by the Departmental Committee withdrawn) 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) Clause 2 The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Naisula.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 2 of the Bill be amended by—

I rise to support the amendment, specifically on the pedestrian definition. Sometimes we just assume that everyone is able to travel on foot. Yet we have some on wheel chairs. It is very important to also consider persons living with disabilities in the definitions. That way, they can be accorded the same treatment as everyone else with the ability to walk. I support.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Departmental Committee Chair, would you like to comment on this one given that you also have an amendment?

We had amendments on clause 2(a) and (b). We are dropping the one on paragraph (a), which is similar to the amendment being considered but we will maintain the amendment to paragraph (b). It is basically the definition of the word ‘pedestrian’ by inserting the words ‘or by using a mobility assistance device’ immediately after the words ‘travelling on foot’. This is to ensure that the amendment also expands the scope of the definition of pedestrians.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Chair, let us first prosecute the amendment by Hon. Lesuuda. Thereafter, you will focus on your amendment to paragraph 2(b).

Correct, so for this one, we drop ours and support the one for Hon. Naisula.

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

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I now give opportunity to the Departmental Committee Chair to move his amendment to clause 2 (b).

Hon. Temporary Chairlady, I beg to move: THAT Clause 2 of the Bill be amended in the definition of the word “pedestrian” by inserting the words ‘or by using a mobility assistance device’ immediately after the words ‘travelling on foot’. This is to ensure that the scope of the definition of pedestrian is expanded to include persons who use mobility-assisted devices.

Thank you, Hon. Temporary Chairlady. (Question of the amendment proposed)

Thank you, Hon. Temporary Chairlady. I am in agreement with the Chair of the Departmental Committee on Transport and Infrastructure. I support it.

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

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Kenya Roads (Amendment) Bill (National Assembly Bill No. 31 of 2024) and its approval thereof with amendments. (Question proposed) (Question put and agreed)

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Gold Processing Bill

(National Assembly Bill No. 47 of 2023)

and its approval thereof without amendments.

(Question proposed)

(Question put and agreed to)

Where is the Hon. Temporary Chairlady?

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Kenya Roads (Amendment) Bill (National Assembly Bill No.31 of 2024) and its approval thereof with amendments.

Mover.

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

Proceed, Hon. Didmus.

Hon. Temporary Speaker, I second. (Question proposed)

We shall defer the putting of the question. (Putting the question deferred)

Hon. Temporary Speaker, I beg to report that the Committee of the Whole House has considered the Gold Processing Bill (National Assembly Bill No. 46 of 2023) and approved the same without amendments.

Mover.

Hon. Temporary Speaker, I beg to move that the House do agree with the report of the Committee of the whole House on its consideration of the Gold Processing Bill (National Assembly Bill No.46 of 2023). I request the Member for Shinyalu, Hon. Fred Ikana, to second the Motion.

Ikana.

Hon. Temporary Speaker, I second (Question proposed)

Hon. Members, I defer the putting of the Question for obvious reasons. (Putting the question deferred) (The Temporary Speaker consulted

the leading Clerk-at-the-Table) (A Member spoke off the record)

Not really, not really. Not at this point. Maybe we can do it after the proposal for Third Reading. We will re-arrange Order Paper a bit. I am told that the Member for Manyatta is on his way to the House. He is a bit late. Therefore, we start with Hon. Didmus Barasa. Are you ready? Yes. We will start with Order No. 13. We can revert back to Order No. 12 at the right time.

Hon. Temporary Speaker, I beg to move that the Employment (Amendment) Bill (National Assembly Bill No. 62 of 2023) be read a Second Time. The objective of this Bill is to ensure that civil servants and other people whom the government has employed are given a notice period when being transferred from their current stations to the other stations. This is very important because transfer of civil servants from their current stations to the other stations must be dictated by meritocracy. It should never be a punitive gesture. Many families are suffering because a spouse wakes up in the morning to find that he has been transferred from their current station. This has been disrupting families. A country that does not respect family values does not go anywhere. Families are the integral part of a government. If you look around globally, like in India, you will realize that civil servants are given a notice period of three months before being transferred to any other station so that they plan and organize themselves. In the USA, under the Code of Federal Regulations (CFR), employees are usually given a 30-day minimum written notice before being reassigned or transferred. They do the same in the Republic of South Africa. They give a one-month notice period. The key principles are that Kenyans must be given reasonable time to prepare. The Judiciary is an example with a policy on this matter in our country. Judges are given a notice period before transfers. We have seen teachers suffering in this country. Heads of institutions

Who is your seconder?

I ask Hon. Owen Baya to second.

Hon. Didmus Barasa, while I would like to second, I have other thoughts that may not be in parallel to yours. Anyway, now that you have given the privilege to second, I will do so but allow me to speak freely.

Hon. Temporary Speaker, there is good intention in this Bill, and I like the way Hon. Didmus Barasa has put it. He said the Bill has come to the House as a proposal or good idea. I accept that spirit. I want to say that here is one thing I have learnt in Parliament, especially during the 12th Parliament. Hon. John Mbadi, who used to be my leader then on the Orange Democratic Movement (ODM) benches, taught me that as much as you may want to do legislation, please, do not over-legislate. This Bill risks being a case of over-legislation. If you look at Clause 11, you will realise that we have said very many things in this Bill.

Hon. Didmus Barasa has raised very good points but Clause 11 says that each employer should develop and implement a transfer policy for its employees. All the things that obtain from Clause 15A onwards, to my best understanding, are policy issues. You are saying that each employer should develop and implement a transfer policy for its employees yet in Clause 5 you say that in effecting a transfer, the employer shall take into account…I think there is some typographical error there. It says that, in effecting a transfer, the employer shall take into account the requirements for compliance with the transfer policy of the employer, the

Member for Tigania West.

Hon. Temporary Speaker, thank you very much for giving me an opportunity to contribute to this important Bill by Hon. Didmus Wekesa Barasa. The family unit, not just in this country but the world over, is under threat. It is important for us to note this very carefully because, under all circumstances, we need to protect the family unit. This Bill has been introduced at a time when we all agree that there is need for us, as a country, to bear that in mind. We notice how the family unit has performed. Some professions handle this very differently. A number of companies consider certain factors, but there may be no general policy on how transfers should be handled. That is why I think Hon. Barasa is right in coming up with guidelines that could be legislated to basically manage this particular space.

I have in mind a profession like teaching. I believe all of us, as Members of Parliament, have at one time or another been approached by Teacher X or Teacher Y to assist them with transfers. Most married ladies, if we consider professions across the board, are actually teachers. Teachers are the most married professionals. I do not have statistics but this is according to my observation. When we were young and looking for wives, we considered teachers as best suited because they would be living with the children. Because they manage children of other people, they would, most probably, manage yours as well. So, I would like to take a minute to discuss the teaching profession.

All of us have been bombarded, at one time or another, by teachers asking us to assist them. The limit of five years before one qualifies for a transfer should actually work because in the early five years, people organize themselves to fit. When men seek transfers, especially when they want to join their spouses, the request is mostly completely denied but when women are involved, there is a general assumption that it is only men who should be joined and not women to be joined at some point. Most employers rarely consider the family unit when they occasion transfers.

In some cases, as the previous speakers have alluded to, some transfers are not effected because they are necessary but because they are disciplinary in nature, or because there is some level of disagreement between the person occasioning the transfer and the person being transferred. The was policy on decolonization was practised a few years ago. It was used to move many teachers from their domains and areas of familiarity. While it appeared like a good idea, later on, it had to be reversed because it occasioned many problems. Some of the problems

Very well. Before I give the next speaker, allow me to recognise in our Speaker’s Gallery students from Nyali School from Nyali Constituency, Mombasa; and, Gatoto Junior and Primary School from Embakasi South, Nairobi. We welcome them to observe the proceedings of the House.

Member for Marsabit, you have the Floor. (Hon. Owen Baya spoke off the record) Hold on, Hon. Waqo. Hon. Owen, you want to...

I want to say something to the students from Nyali.

Yes, you have a minute.

Thank you very much, Hon. Temporary Speaker, and I want to welcome the students from Nyali School to the House. My name is Owen Baya, Member of Parliament for Kilifi North. It is a pleasure to have you here. Parliament is a great place to be. Leadership is not only nurtured in school, but it is also grown in schools and implemented or done here in this House through legislation, oversight, and representation. That is what we do in this House.

As you go back to your school, work hard, do your best, do what your teachers tell you to do; do not do what your teachers do not tell you to do. Do what your parents tell you to do. One of the greatest things that we bring into Parliament is knowledge. Be knowledgeable. Be young people who fear God and have value systems. You will become great men and women. I hope one day, many of you will sit in this Chamber as legislators and become leaders that we will always be very proud of. So, karibuni sana to this hallowed Chamber of Parliament.

Thank you very much.

Very well. Hon. Waqo.

Thank you, Hon. Temporary Speaker, for allowing me to add my voice to this very important amendment Bill that speaks on employment. I also want to congratulate the sponsor, Hon. Didmus Wekesa Barasa, for coming up with this amendment, which is very helpful to all of us Members of Parliament and Kenyans out there.

I have looked at this brief amendment and I want to say that I support this Bill because it is speaking to our current challenges and will solve a lot of problems that we have been going through as a country. When you look at the Bill, the processes and practices of transfer of employees have been arbitrary and have been misused to the detriment of employees, especially those in public service. This is very true because we all know very well what some of our employees go through. Some people have suffered in the hands of their bosses.

This Bill, therefore, seeks to provide clarity on the modalities of transfer of employees in good faith and in a fair way. We know very well that, in the past, many people, many supervisors, have not taken into consideration what we call work ethics. They have also not considered the rights of employees. Teachers, especially, and young employees have suffered in the hands of their employers or their supervisors. We know very well that teachers, medics, and other people have suffered. Some have even developed depression, terminal illnesses, and even lost their jobs because of the challenges they have gone through!

Very well. Hon. Naisula Lesuuda.

Thank you, Hon. Temporary Speaker. I rise to support the Employment (Amendment) Bill (National Assembly Bill No. 62 of 2023) by my colleague and friend, Hon. Didmus Barasa. He seems to be on a roll with the number of Bills he is bringing to this House.

This particular Bill is very important. It is actually something that Members of Parliament deal with every other day. Many people come to us asking for transfers, some claiming to have stayed in a certain place for way too long. I think this Bill will remedy that and ensure this work is not left to a Member of Parliament or to someone who is known to someone. I am sure there are many Kenyans who do not have the privilege of having someone powerful or someone who can help with the transfers. This Bill is, therefore, important and timely.

I just have a reservation on one of the clauses, where he says if an employer wants to initiate a transfer, they have to seek the consent of the employee before effecting it. This is good but I can imagine: Where there is no consent, what happens? We cannot tie down employers fully. There are parts of this country where an employee would prefer or would want to be deployed forever and there are other parts where an employee would not want to work. You can imagine transferring someone from a station they prefer; they will not give consent. What happens thereafter? I really want to hear about that because this would really tie down the employer from doing their job.

It is very unfortunate that most times when transfers take place, being sent to some parts of this country is considered a punishment. If someone is employed and sent to Marsabit, Samburu, Wajir, Garissa or other hardship areas, you find them saying they would rather not go. These are very young people who are looking for job opportunities. We should ensure that when a civil servant or anyone is sent to any part of this country, it is not a form of punishment.

I also like what he is curing with this Bill, where sometimes people are transferred to a certain region when they have made a mistake. That is what then creates the perception that certain areas are dumping sites. If you have failed or you are not performing, you are sent to a certain region. Therefore, we make some regions look like they are not a conducive place to work or are not part of Kenya. I really like the fact that that is being taken care of here, especially in Clause 7, which says: “An employee who is the subject of disciplinary proceedings shall not be transferred until such proceedings are concluded and all mechanisms for appeal under the Constitution or any other regional law have been exhausted.”

Hon. Temporary Speaker, I believe this is a very important clause because we all know or have heard of such cases. For example, there is a certain prosecutor in Maralal who, if you check his track record, was corrupt in all other places that he had worked, especially on matters to do with children. He was then brought to Maralal while he still had an ongoing disciplinary case. We are not going to transfer problems across the country.

If someone has failed, they should step aside until the disciplinary proceedings are concluded, or they have appealed before they are transferred to a certain station or area. This is because we have seen cases where, when cabinet secretaries and principal secretaries go to a certain area and find someone who is not working, they are quick to say those people are transferred. As I said, most of the time, such people are sent to those hardship areas. It looks like a punishment. One is being punished by being transferred to those areas. There is no part of this country that wants people who have failed in other stations. So, I really appreciate this part of the Bill.

Give her 30 more seconds.

Thank you, Hon. Temporary Speaker. I just wanted to caution Hon. Didmus, since I know he has ambitions. I wish him the very best to become a Governor. Mostly, we find political witch hunt at the county and even at the national level. If you are not supporting this regime and another regime comes in, you get transferred. We just have to be fair and let civil servants be civil servants.

Thank you very much, Hon. Temporary Speaker.

Very well, before I give the next Member a chance to contribute, allow me to recognise in the Speaker’s Gallery, learners from Ukunda Bright Angels Academy from Msambweni Constituency, Kwale County. We also have learners and teachers from Miale ya Tumaini from Kajiado North Constituency, Kajiado County. You are welcome to observe the proceedings of the House.

Member for Igembe Central Constituency, Hon. Karitho.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this Bill. First, I want to congratulate Hon. Barasa, for bringing forth this very crucial and important Bill. In fact, it has come at the right time and I really support it.

On this issue of transfers, every employer has set a time limit when every employee should serve before requesting for transfers. I believe Kenya is a digital economy. The systems should be available to communicate whenever an employee should move after serving the mandatory duration in their given stations. We have instances where we mostly have teachers and police officers who have served in certain stations for a long period against their wishes even after serving for the mandatory period, which they should serve before requesting transfers. The Bill has stipulated clearly how we would like these transfers to be implemented.

For example, I know of a certain teacher who has served in a region for more than six years away from her husband. They were newly married before getting the job. They have been trying to get a transfer, but it has become impossible. The same teacher got seriously sick, and they requested another transfer, which they were not granted. When they came to me, I went to the Teachers Service Commission (TSC) to intervene, and the transfer was finally granted. The question is, what would have happened if the teacher did not have anyone who would have assisted her to get the transfer? That is why we find that some teachers and police officers have even been going to rehabilitation centres because of these effects.

Hon. Temporary Speaker, this Bill is very crucial. I request that we follow it to the letter and make sure that it is enacted into law so that the employer does not punish the employees. There are those who, when they ask for transfers, are even taken to far distances from where they were, just because they requested to be moved from that area. I would like to encourage both the TSC and the National Police Service Commission (NPS) to consider having incentives for those who are in far-flung areas. The hardship allowance they are given is not enough. They should be compensated more to motivate them so that even when transfers are not available, they are comfortable and can feel as if they are working like any other Kenyan.

Thank you, Hon. Temporary Speaker. I support.

Very well. Member for Moiben, Hon. Bartoo, are you on this?

Thank you, Hon. Temporary Speaker, for also giving me the chance to contribute to this Bill. I thank Hon. Didmus Barasa for bringing such a crucial amendment. Most of the time, when Kenyans are employed, they sign to work in any part of Kenya. Also, due to efforts aimed at promoting national cohesion and integration, it is good to experience every part of Kenya. Every institution normally has a transfer policy. However, it is unfortunate that such policies have been misused. They are just kept in files in offices, and when something happens, they can be used as punishment.

Very well. Allow me to recognise the learners and teachers from Mary Immaculate School from Kwanza constituency, Trans Nzoia County. You are welcome to observe the proceedings of the House. The next chance will go to the Member for... (Hon. Janet Sitienei raised her hand) Hon. Sitienei, I do not see your request here. Why are you raising your hand? (Hon. Janet Sitienei spoke off the record) You will be next after the Member for Manyatta. Please, get your cards. Hon. Members, replace your cards if you have lost them. Member for Manyatta, do you wish to contribute to this?

No. The next one.

Then let us have Hon. Kemei. Before Hon. Kemei, let us indulge the Member for Turbo.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to add my voice to this Bill. From the outset, I wish to thank Hon. Didmus Barasa for bringing this timely amendment Bill. It is important that when we employ, we must take care of our employees. This Bill will cure arbitrary transfers without policy regulation. It will establish policy regulations to ensure that all transfers are fair, competence-based, need- based, and promote a fair distribution of employees across our country.

In the past, we have seen very unfair transfers of employees, whether they are teachers, doctors, or any other government employees, being transferred due to non-performance or disciplinary measures. We seek to see a scenario where if an employee is indiscipline, they must complete the disciplinary process and remain in their position. We do not want certain areas to become dumping grounds for non-performing employees. They must remain where they are, be disciplined there, and continue working in those stations so that other areas do not become dumping grounds.

We also wish to see transfers executed with consideration of the health and family matters of the worker. Some employees may be unwell and wish not to transfer due to health reasons. We must not subject them to transfers away from their family vicinity.

Very well. Next, we have Hon. Kemei.

Thank you, Hon. Temporary Speaker, for giving me this opportunity. From the outset, I want to support this amendment Bill, an Act of Parliament to amend the Employment Act 2007 and for connected purposes. I thank Hon. Didmus Barasa, the Member for Kimilili Constituency in Bungoma County, for introducing this important amendment.

In examining the insertion of new section 15A, it is evident that the transfer of employees is important; it means the deployment of an employee from one duty station to another. I have previously worked as a teacher in various stations, and I have observed that some teachers request a transfer while others are transferred without their knowledge. The reasons for their transfer are often not communicated. Consequently, the employee—in this case, the teacher—goes through a great deal of distress. Considering the context of their family background and engagements, a newly married individual, for instance, may be transferred from one station to another, sometimes even across counties. Additionally, even those nearing retirement age could be subject to transfers. It gives a lot of stress to teachers, the National Government Administration Officers (NGAO) and police officers.

When somebody is transferred without their knowledge, they are not given time to prepare. This therefore cause a lot of agony to the teacher, police officer or any other employee. We recently saw the transfer of staff who were in the National Health Insurance Fund (NHIF). And with this new Social Health Authority (SHA), some staff are being transferred back to the Public Service Commission. They have been distributed to other departments and ministries which have born issues. In the first case, they do not know where they are being transferred to. This Bill will therefore address the issue of transfer.

Some bosses misuse the positions they have and, in the process, they transfer employees to settle their scores. One area of concern is that if you are not aligned to the CEO, the principal or to the head of the institution, you could be transferred. They can say you are a difficult employee without taking into consideration what the employee is going through. And instead of the affected employees being taken for rehabilitation, they are transferred. They therefore

Very well. Member for Igembe North.

Thank you, Hon. Temporary Speaker for giving me this opportunity to contribute to this important Bill. First, allow me to thank the Mover, Hon. Barasa, for bringing a very critical Bill to amend the Employment Act, 2007. This is a very important Bill because it provides safeguards to employees against arbitrary harassment, misuse and intimidation by employers. This Bill is so critical because it will enable employees to work in their environment without fear. In the past, transfers have been used in a very awkward manner, If the employers or administrators are weak, they use transfers to coerce the workers who in turn, would not deliver. The Bill is critical because it will enable employees to work in an environment devoid of intimidation.

Transfers are normal in some cases. They are used to stabilise institutions. We are not against normal transfers that are meant to stabilise the structures or the institutions where employees work. The Bill corrects the injustices that go against the tenets of a conducive working environment. I support it by saying that when transfers are being given, they should consider issues like age, health and even family background. Transfers are majorly used in the teaching sector and police service.

In the Police Service, if a person or administrator is not comfortable with an employee, they are switched. For example, there is the Administrative Police (AP), General Duty Police, Anti-Stock Theft Unit (ASTU) and the Traffic Police. If you work in areas deemed to be lucrative, like the Traffic Police, you can be moved to another sector as a form of harassment or intimidation if your boss is not satisfied. It is not right and the employees should be cushioned from such adversaries.

If your husband is working in Lamu, moving you to Mandera or Kisumu goes against the tenets of fair labour practices and Article 41 of the Constitution. This destabilises families as well as the learning and working environments. It is good to look at such factors when transfers are being done. They should not be punitive to an extent that the employee becomes distressed or resigns. We have employees taken to the rehabilitation centres every now and then due to harassment by the employer or their bosses. This should be minimised. The Bill is meant to cure such injustices so that Kenyans can work in a conducive environment and deliver for the posterity of this country.

With those few remarks, I support the Bill.

Very well. Allow me to recognise students who are seated in the Speaker's Gallery, Pentagon Academy, Suna West, Migori

Asante sana, Mhe. Spika wa Muda kwa kunipatia huu fursa ili nami nimpongeze Mhe. Didmus Barasa kwa kuwafikiria wafanyakazi, hasa walimu na wengine ambao huwa wanapewa transfers za kiholela.

Nikiangalia huu Mswada na jinsi alivyoweka marekebisho, watu wengi wamekuwa wakipata matatizo mengi sana wakati wa transfer. Pengine mwalimu ni mgonjwa na yuko na daktari wake wa karibu ambaye anajua hali yake vizuri. Akipewa transfer ya ghafla, atalazimika kutafuta namna ya kupata matibabu yake na hiyo ni ngumu. Wengine ni familia, kama baba na mama ambao wamekaa wote sehemu moja. Ghafla bin vuu, bila hata kuulizwa, unapata mama anatolewa na kupelekwa sehemu nyingine mbali. Baba ameachwa na watoto wako shule, ndipo unapata walimu wanapata msongo wa mawazo. Ndoa nyingi pia zinavunjika.

Ninanishangazwa kwamba, hata wanapopewa uhamisho wa kazi wa haraka, ikifika wakati wa kupandishwa vyeo, hawakumbukwi vile wanavyokumbukwa wakati wa uhamisho. Waalimu na polisi wengi wamepata msongo wa mawazo. Kabla mtu hajatulia vizuri sehemu moja, anatolewa na kupelekwa sehemu nyingine. Hii inaathiri wanafunzi shuleni. Watoto wangu waliniambia kuwa wanapoletewa mwalimu mgeni, wanamuogopa maana walikuwa wamezoeana na yule aliyehamishwa. Pengine huyo mwanafunzi yuko na upungufu fulani kimaumbile na alikuwa ameelewana na yule aliyehamishwa maana alikuwa anampeleka taratibu. Waalimu wanapobadilishwa, wanafunzi huchukua muda kabla waelewane na mwalimu mgeni au mafunzo yake.

Shule nyingi za kibinafsi zinafuzu kwa sababu waalimu wao wanakaa na wanafunzi tangia mwanzo mpaka muda fulani ipite. Wako na utaratibu na wanajua shida za wanafunzi wao. Lakini katika shule zetu za Serikali, matokeo ya mtihani sio ya kuridhisha kwa sababu kila kuchao, tunabadilisha waalimu kutoka sehemu moja hadi kwingine. Punde tu mwalimu anapofanya mpangilio yake wa kazi, anahamishwa kwingine. Huenda pale amepelekwa, wako nyuma kwenye utaratibu wa masomo na anabidi amerejelea nyuma.

Mhe. Spika wa Muda, ninampongeza Mhe. Didmus Barasa. Yeye amefanya vyema Bungeni na hata mashinani. Unapoangalia mbinde zake, utafurahi. Ni kiongozi ambaye anajiamini. Ninakuombea kila la heri kule Bungoma ili uweze kuibuka mshindi kwa sababu umefikiria wananchi wa chini kwa yale unayoyaelezea hapa Bungeni. Umefikiria mwalimu ambaye yuko Kiminini ambaye ametulia na ng’ombe, mbuzi na familia yake asije akapigwa uhamisho wa ghafla bin vu na kupelekwa Mombasa kwenye joto. Akifika huko, hajui aangalie afya yake au afanye kazi.

Huu Mswada utasaidia sana maana utashauri walimu kwanza kabla ya kuwahamisha. Walimu na askari huja ofisini mwangu kuniomba nizungumze na wakubwa wao kazini ili wasitolewe sehemu walioko kwa sababu wako na mtihani maanake walijiunga na vyuo vikuu kuzidisha masomo yao. Wanapotolewa na kupelekwa sehemu zingine, wanawezakukosa nafasi ya kujiboresha zaidi. Kutokana na haya, ndoto zao za kujiboresha katika maisha zinaanguka.

Wakati mwingine mwalimu anaezakuwa ametofautiana kidogo na mwalimu mkuu na anahamishwa mara moja. Najua wanafuatilia mjadala huu wa leo kwa sababu ni jambo ambalo limekuwa likiwaumiza sana. Tunapozungumzia hili jambo Bungeni, hatuwaonei watu fulani. Walimu wakuu wengine wangependa walimu kukaa katika shule moja ili wanafunzi waboreke zaidi. Hii inafanya walimu kuwa na msongo mkubwa wa mawazo. Labda mwalimu huyo ametoka mazingira tofauti na yule anayebadilishwa naye labda anataka kubaki pale.

Mhe. Spika wa Muda, ningeomba tuhamishe wale ambao wameomba maombi maalum. Labda mwalimu ameomba kuhama kwa sababu ameolewa Bungoma na anataka kutoka Mombasa ili afanye kazi karibu na mume wake ili walee familia e. Kwa mfano, mwalimu

Very well. Member for Njoro.

Thank you very much, Hon. Temporary Speaker for allowing me to support the Bill raised in this Parliament by Hon. Barasa. I support what my colleagues have said. It is true. We have seen very innocent Kenyans being punished over transfer issues. As Hon. Zamzam from Mombasa has said, the issue of transfers have been turned into an issue of punishment for many of the employees, especially teachers, police officers and Kenya Forest Service (KFS) officers by their employers. I, therefore, stand to support Hon. Barasa on this Bill because it will bring justice and fairness in this country. To some extent, people living with disabilities (PWDs) have suffered the same. They try to get justice, but it is denied or delayed. Therefore, I propose that PWDs be given preference in choosing where they want to be stationed. It should be by choice.

On the same note, there are incidents where police officers and KFS officers get injured while on duty. Sometimes, goons injure these officers to the extent of becoming disabled. I request that in such incidents; they automatically allow such officers to work from where they come from or be given preference in choosing.

I feel for the teachers in this country. A teacher with young children coming from my Constituency, Njoro, is transferred to the Northern part of Kenya. After some time, when the family is still in Njoro, the same teacher is probably transferred again to Coast Province. After some time again, the same teacher is transferred from Mombasa to Kisumu. We have traumatised families of public servants through these transfers. Therefore, let every transfer be in good faith. Let people have a human face when planning transfer matters. Let the requests come from the employees and not dictatorship and punishment by the employers. Families of these employees are really suffering. If a parent is punished and transferred to a different part of this country, the children’s upbringing suffers and improving their lives becomes harder. Therefore, this Bill will bring fairness, justice and decrease impunity by some employers punishing innocent Kenyans.

Hon. Temporary Speaker, the Employment (Amendment) Bill will bring fairness and justice. It will reduce impunity by some employers who punish innocent Kenyans sometimes. Let me also support what our colleagues have said. It is a shame when politicians take advantage to punish people in their respective constituencies or counties because of political interests. The issues of Kenyans should be totally excluded from political issues. We support this Bill because we expect good things to come out of it. After it is implemented, we expect better families, very motivated workers in this country and good production because people will be motivated to do the right things at the right place.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to support this classic and important Bill in this country and at this time when we are led by His Excellency President William Samoei Ruto.

Member for Makueni.

Thank you, Hon. Temporary Speaker for giving me this opportunity to add my voice to this Bill. The practice of transferring workers is a human resource management tool mainly aimed at ensuring equity in the use of competencies. Key competencies and experiences are shared within the country and institutions.

The Mover of this Bill looked into transfers of workers. Transfers are not bad, but they are wanting in this country, especially in specific departments, mainly within the teaching

Before I give the next Member a chance to contribute, allow me to recognise, in the Public Gallery, students and teachers from PCEA Kagaru Church School from South Imenti Constituency, Meru County. In the Public Gallery, we have Keiyo South Farmers Association from Keiyo South Constituency, Elgeyo Marakwet County. We welcome them to observe Proceedings of the House. I see that the Member of Keiyo South would like to welcome his farmers. Also, welcome all the other guests.

Asante Mhe. Spika wa Muda. Ningependa kuwaambia wanafunzi walio hapa kwamba wamekuja mahali sheria inaundwa. Huko mbele nawaombea Mungu. Mfanye bidii ili mfike hapa siku za usoni. Wananchi wanaotoka Keiyo South tunaowaita hustlers pale nyumbani ni miongoni mwa wageni wetu. Nawakaribisha Bungeni. Hapa ndipo tunakaa tukiunda sheria.

Inawezekana kwamba kila aliye na nia anaweza kuja hapa. Miaka ishirini iliyopita, nilikuja hapa kama mgeni kutafuta Mhe. Nicholas Biwott ndipo anilipie karo niende shule. Leo naketi hapa kama Mbunge. Inawezekana kwa hustlers wote walio pale nyumbani Keiyo South. Bakule wangu pale, karibuni Bunge.

Mheshimiwa wa Keiyo Kusini, kulingana na Kanuni za Bunge, lazima umalize kwa Kiswahili ukianza mchango kwa lugha hiyo.

Mbunge wa Marakwet Magharibi, endelea.

The Member from Keiyo South has uttered a word that must be struck out from The Hansard. Could the Member tell us what bakule means on the Floor of this House? Is it in order to use a Kalenjin word on the Floor of the House?

Member of Keiyo South, did you utter that word? What does it mean?

Mhe. Spika wa Muda, sikuwa na nia mbaya kutumia hilo neno. Ni neno la urafiki pale nyumbani. Ninasema karibu kwa marafiki wangu ambao wamenitembelea.

Asante.

Nakuelewa. Lakini unafaa kuweka alama za nukuu ukitumia maneno ambayo hayaeleweki kwa kila mtu.

Nimesikia, Mhe. Spika wa Muda. Asante.

Thank you. Let us have the Member of Marakwet East, Hon. Kangogo Bowen.

Thank you for giving me the opportunity to contribute to the Employment (Amendment) Bill of 2023. I want to start by opposing it. I do not know if Members have read the implications of the Bill, especially to our public service. The Bill will make public service ungovernable. You will have government employees who are not responsible to their superiors. You will need to seek their consent before you transfer them. Where can such happen? What kind of civil service and public service are we going to have as a country?

Clause 4(d) of the Bill reads, “Where an employee is to be transferred, the employer shall require the consent of the employee before effecting the transfer.” Which employee would want to be transferred maybe to the northern part of the country or to other parts of the country? All employees would want to stay within their homes, cities and towns.

Hon. Temporary Speaker, let me give an example of our military service. If today we have an emergency in Lamu County or in the northern frontiers of the country and we need to transfer some officers to reinforce officers on the ground, we will be required to first get consent from them. What if they refuse? This Bill will lead to litigation after litigation in our courts for almost all our civil service. This is a very dangerous Bill for the country. What is the definition of an employee in the Employment Act of 2007? It must be clear. It does not exclude our military.

Hon. Temporary Speaker, we have had Kenyans crying out that a number of traffic police officers collect bribes on our roads. The traffic commandant acknowledged that they have a lot of problems and suggested that officers need to be transferred from one place to another. Suppose in such a situation, they decline the transfers on account that they have not given their consent. What kind of a government will we have? What kind of a civil service will we have? The issue of transfer should not be legislative; it should be a regulation issue. We already have an employment Act and regulations that govern how transfers, promotions and discipline is done in the public service.

I would like to inform my friend, Hon. Didmus Barasa, that this Bill is not good for our country; it is not good for our civil service and it is not good for our public service. As of now, we already have many litigations by police officers in courts. A number of police officers are transferred from one station to another, but they decline the transfers. A number of them claim that the Inspector-General of Police does not have powers to transfer them from one station to another because the National Police Service Commission is their employer. We have seen the push and pull between the National Police Service Commission and the Inspector-General of Police because of a lacuna law. Again, we cannot have an Inspector-General of Police who does not oversee police officers. That is what we are trying to cure.

I ask honourable colleagues to read the Bill first. They will find that the Bill is not good for us. We love our employees and teachers. I heard some Members who contributed saying that the Teacher Service Commission sometimes wakes up in the morning and transfers a husband or a wife, therefore, separating a family.

Hon (Dr) John Mutunga Kanyuithia (Tigania West, UDA): On a point of order, Hon. Temporary Speaker.

What is out of order, Member for Tigania West?

Hon (Dr) John Mutunga Kanyuithia (Tigania West, UDA): I respect the Chair of the Departmental Committee on Blue Economy, Water and Irrigation who has been making his contributions. However, it is surprising that he is reading the Bill selectively.

He is doing what? Hon (Dr) John Mutunga Kanyuithia (Tigania West, UDA): He is reading the Bill selectively. He has read a few clauses and left out others.

Hon. Mutunga, you are totally out of order. You also spoke on the Floor and did not speak to all the clauses of the Bill. Allow the Member to contribute unless something is really out of order. Yours, is a point of debate.

Hon. Temporary Speaker, my good friend, Hon. Mutunga, has not quoted the Standing Order he has stood on.

I have already ruled, Hon. Kangogo.

As I conclude, Hon. Temporary Speaker …. (Hon. Danson Mwashako spoke off the record)

The Member has said nothing so far since I gave him the Floor.

On a point of order, Hon. Temporary Speaker.

For what?

On what he had said earlier. He has just said something that was not good.

Hon. Mwashako, you have just walked in. I do not want us to derail Members who have been sitting here since 9.30 a.m.

Thank you, Hon. Temporary Speaker. While walking in, I clearly heard the Member, who is the Chair of a very good Committee, insinuating that Members have not read this report. When he said he is going to oppose, he indicated that Members have not read. Is it good to cast aspersions on Members that we are contributing without reading the report?

Hon. Mwashako, I think I heard the Member say, because some Members are not here, he only urged all of us to read the Bill. I do not think it is bad. What did you say, Hon. Kangogo?

Hon. Temporary Speaker, I persuaded Members to read the Bill because it only seeks to amend one clause of the Act. I know some Members listen to what other Members are saying and contribute without reading.

You are making it worse, Hon. Kangogo.

I have not quoted anybody. Allow me to conclude by saying we love the human resource in our country. They are doing a good job for the Public Service and the Civil Service, including our teachers. We must have discipline on how these employees transact their business. Having employees to determine when they will be transferred or not, is not good.

I oppose this Bill.

On a point of information, Hon. Temporary Speaker.

There is a point of information from Hon. Didmus. Do you accept it or are you done?

I accept it, Hon. Temporary Speaker.

Very well. Hon. Didmus.

I inform the Hon. Member that this proposal does not provide that those who are being transferred have to accept before they are transferred. This proposal is simply saying that they must be given a notice period before they are transferred. It happens in the Judiciary. He has not read and he was not here when I was moving it.

Secondly, which is very important, is we are just saying that transfers must be merited. The reason must be given to the person being transferred. You do not wake up one morning and then you have been transferred to Isiolo. We are saying that when transfers are done, they need to be cognisant of the health of the person to be transferred, the family of the person to be transferred and many issues. So, the Member should read it properly and understand before he misleads the country.

Hon. Members, I also have a copy of this Bill. Allow me to just set the record straight. Let me just read it because it is important. Clause 4 says where an employee is to be transferred, the employer shall:

Are you done, Hon. Kangogo?

This is the point I wanted to put across because Hon. Didmus is saying there is no part of the Bill that seeks consent. You have just read and I quoted Clause 4(d). You require consent of the employee before you effect the transfer. Which employee would want to go on transfer? Hon. Temporary Speaker, I oppose.

It is your right to actually support or oppose. I heard what Hon. Didmus was telling you? He asked what is wrong with what is written. Nothing is wrong, Hon. Members. This is a House of debate and we debate to improve any law for posterity. Allow me to give Hon. John Emathe a chance to contribute.

Thank you, Hon. Temporary Speaker. I support the Bill from the onset. Kenya is one of the countries that is known to have excellent human resource capital in the world, like the former President of the USA, President Obama. Job transfers are normally granted either as a carrot or as a stick. When granted as a stick, it is sometimes punitive or used to correct a behaviour. However, when we dwell so much on transfers being a carrot, it will become defeatist for us as a House to only understand that employees will always push for better conditions of transfers. For the military, we will need to introduce a caveat in the amendment if the Bill to also speaks to the military or employees of the security sector in this country. We must have that discussion.

In Turkana, we have the General Service Unit (GSU) police at the borders. We have them in Lokichogio, Kibich and Lokiriama and they normally work in shifts. If you know the way they administer their security services in this country, you will understand that their conjugal rights are denied by default. When they overstay in a station, they join the local communities around and sometimes get “wives” in that community. I want to thank some of the leaders who said we should allow them to keep on working in those areas even if that is what is happening. If they go, what will happen to our security?

I have witnessed officers being recruited into the police and sent to hardship areas. When they go for an operation, some of them get killed by bandits. These are new recruits who have just graduated and have not yet earned their first salary. Therefore, when the word

Very well. Hon. Timothy.

Thank you, Hon. Temporary Speaker for giving me an opportunity to comment on this important Bill. First of all, I congratulate Hon. Didmus Barasa. The people of Kimilili made the right decision by sending this very consequential Member of Parliament to this honourable House. Teachers in this country have faced a myriad of challenges. One of the issues is in reference to the transfer of teachers. Teachers in this country have suffered. They are being transferred haphazardly by TSC. We are in this House to legislate.

If there are gaps in the Teachers Service Commission Act, 2012, then it is upon this House to ensure that we go through the Act and propose amendments in the best interest of teachers in this country. Teachers make presidents. They are the ones who teach us from nursery school to higher institutions up to the point that we become Members of Parliament. Therefore, as a House, we have an obligation to protect the best interest of teachers in this country. I respect the amendment.

Ordinarily, transfers are carried out by the TSC in respect to teachers. But again, they must have a human face. You cannot just wake up in the morning, transfer a teacher from Nairobi to Mandera or to any corner of this Republic without taking their concerns into consideration. Health is an issue. Family is an issue. I, therefore, support this very important amendment.

There are other issues that affect teachers, including terminal leave. As we speak, teachers in this country are the only civil servants that do not get terminal leave like the rest. We must discuss those issues. There is also the issue of pension. Teachers in this country retire while others even die without getting their pension. Why can we not take action as a House to protect the best interest of teachers?

Finally, the issue of consent is one that we can amend. We cannot throw the baby with the bathwater. If there is an issue with consent, we shall sit down as a House and rectify.

Hon. Toroitich, there are no amendments on the Floor. You can only support the Bill as it is and propose amendments at the right time.

Hon. Members, that Bill will have a balance of one hour and 23 minutes when it is next scheduled.

Hon. Members, the time being