THE PARLIAMENT OF KENYA
NATIONAL ASSEMBLY
THE HANSARD
24th June 2026
Wednesday, 24th June 2026
Serjeant-at-Arms, ring the Quorum
COMMUNICATION FROM THE CHAIR
DELEGATION FROM THE ASSEMBLY OF THE REPUBLIC OF MOZAMBIQUE
Hon. Members, I wish to introduce to you a delegation of Members of the Ethics Committee of the Assembly of the Republic of Mozambique, who are seated in the Speaker’s Row. They are:
Let us have the Leader of the Majority Party.
Hon. Temporary Speaker, thank you very much. I join you to welcome the distinguished guests from Mozambique. They come from a very lovely and beautiful country. I have been to Maputo and I loved the country. You are most welcome to the Parliament of Kenya.
I beg to lay the following Papers on the Table:
Thank you. Do we have the Chairperson, Departmental Committee on Finance and National Planning?
We can skip it; it can be laid later on. Next Order.
NOTICE OF MOTION
STREAMLINING ADMISSION, CAPITATION AND INFRASTRUCTURE IN SENIOR SCHOOLS
Hon. Clive Gisairo.
Thank you, Hon. Temporary Speaker. I beg to give notice of the following Motion:
Order, Hon. Members. The consultations are too loud.
Hon. Temporary Speaker, I beg to give notice of the following Motion:
THAT, aware that Kenya’s education sector has faced escalating infrastructure pressures culminating in overstretched facilities, particularly in boarding schools; concerned that despite the introduction of an online learner placement portal in December 2025 by the Ministry of Education to widen access and expedite transfers among schools, there continues to be inequitable outcomes, disproportionately disadvantaging rural learners who suffer digital exclusion; acknowledging that parental preference for Category 1 (C-1) and Category 2 (C-2) schools owing to their improved infrastructure, including boarding amenities, causes over-enrolment in C-1 and C-2 schools; recalling that during the inaugural admission of Grade 10 learners into senior schools in January 2026 under the Competency Based Curriculum, some C-1 and C-2 schools invariably admitted learners at double or more of their approved capacity; noting that this tendency leaves most Category 3 (C-3) and Category 4 (C-4) schools severely under-enrolled, some below their viable enrolment capacity; concerned that the current capitation model based on the number of learners per school is not only misaligned with actual school facilities, but also encourages over-enrolment by some schools in pursuit of higher capitation funding; observing that the resultant overcrowding in C-1 and C-2 schools has eroded the recommended teacher-to-student ratio of 1:40, fuelled teacher burnout; diminished instructional quality; affected individual learner attention; overstretched facilities; and compromised learner-safety in emergency cases; now, therefore, this House resolves that the Ministry of Education, in collaboration with other relevant Government agencies and stakeholders—
Next Order.
QUESTIONS AND STATEMENTS
REQUESTS FOR STATEMENTS
ATTACK ON CHEMELIL SUGAR ACADEMY
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 Administration and Internal Security regarding the circumstances surrounding the attack on Chemelil Sugar Academy on 18th June 2026.
On 18th June 2026, at approximately 11.00 a.m., a group of about 20 individuals armed with machetes, clubs and other crude weapons forcefully entered Chemelil Sugar Academy in an assault. The assailants intimidated and assaulted security personnel, teachers, support staff, parents, learners and other stakeholders, leaving several people with serious injuries. They were reportedly carrying petrol in plastic containers, suggesting their intent to set the school ablaze. This violent incident disrupted learning, endangered the lives and safety of learners, staff, parents and members of the surrounding community, and has raised serious concerns regarding the adequacy of security measures at the school and other educational institutions within Muhoroni Constituency.
It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Administration and Internal Security on the following:
Let us have Hon. Justice Kemei.
Hon. Justice Kemei (Sigowet/Soin, UDA): Thank you, Hon. Temporary Speaker, for giving me an opportunity to comment on the Request for Statement by my good neighbour from Muhoroni Constituency. Chemelil Sugar Academy is a premier institution, not just in Muhoroni, but in Nyanza as well as the Rift Valley. It draws students from all over the country. We are concerned that the change of ownership following the lease of the company to the private sector has resulted in claims that the school is now sponsored by those leasing the company. That has created insecurity in the region and spells danger for the students and members of the public who operate between Kisumu, Nandi and Kericho. That serious situation must be immediately addressed, so that students in that institution remain secure. Parents are worried about the developments in that premier institution. Action needs to be taken.
Members can contribute when the response is brought to the House. Chairperson of the Departmental Committee on Administration and Internal Security, when will you bring the response?
Thank you, Hon. Temporary Speaker. Considering that this is a sensitive and urgent matter, and that we may soon be proceeding for recess, I will bring a preliminary response on Thursday, 2nd July as we wait for a comprehensive report, which I will table in the House on the first Thursday after recess.
It is so ordered. Hon. K’Oyoo, the preliminary response will be issued on Thursday due to the sensitivity of the matter. The substantive report will come later on.
Proceed, Hon. Ruth Odinga.
SECURITY AND SOCIO-ECONOMIC CRISIS WITHIN KISUMU SUGAR BELT
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 Agriculture and Livestock regarding the escalating security and socio-economic crisis within the Kisumu Sugar Belt.
On 18th June 2026, Chemelil Sugar Academy in Muhoroni Sub-County was attacked by an armed gang of about 20 individuals, leaving several members of staff injured and learners in distress. This attack was not just an isolated incident, but a reflection of broader systemic issues affecting communities within the Kisumu Sugar Belt, particularly around Muhoroni, Chemelil and Miwani sugar companies.
Concerns have been raised regarding the management and operations of the sugar companies, including alleged violation of the Sugar Industry Transition Committee’s guidelines by enforcing massive lay-offs and prolonged delays in payment of terminal dues to former employees. For instance, workforce retention at Muhoroni Sugar Company is estimated to be 30-40 per cent, which is below the 80 per cent threshold. Outstanding terminal benefits across the mills have accumulated to approximately Ksh8 billion. Further, trade unions are denied formal recognition and salaries have been cut up to 60 per cent for the remaining workforce. Additionally, allegations have been made regarding encroachment onto community land resulting in land disputes, including the Koguta land dispute in Muhoroni and the Nucleus Estate land conflict in Miwani. Collectively, these challenges have contributed to heightened tensions, economic hardship and insecurity within these communities.
It is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Agriculture and Livestock on the following:
Let us have the Chairperson of the Departmental Committee on Agriculture and Livestock, Hon. John Mutunga.
Hon. Temporary Speaker, we can bring the response in two weeks.
I did not get you.
We will bring the response in two weeks' time.
Three weeks?
In two weeks.
In two weeks' time.
Hon. Ruth Odinga, you will get the response to your Request for Statement in two weeks’ time.
We will be on recess in two weeks.
I have just consulted. The Chairperson has said he will bring the response within two weeks.
We will be on recess in two weeks.
He has not said after two weeks. He has said within two weeks. So, the report may be even ready on Tuesday.
On Tuesday before the recess?
It could be on Tuesday, Wednesday or Thursday before recess.
I would appreciate it, Hon. Temporary Speaker.
Two weeks it is, Hon. John Mutunga. Proceed, Hon. Joseph Oyula.
STATE OF EMERGENCY AND TRAUMA CARE SERVICES IN BUSIA COUNTY
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 Health regarding the state of emergency and trauma care services in Butula Constituency, Busia County.
Three women, namely, Ms Margaret Akuku Ojwang’, Ms Caroline Awino Wewa, and Ms Lillian Nasubo Adiedo, together with a minor, were involved in a fatal road accident and rushed to Busia County Referral Hospital about 30 kilometres away. Regrettably, it is reported that they waited for medical attention for about three hours despite some being unconscious.
Subsequently, they were referred to Bungoma County Referral Hospital that is approximately 60 kilometres away. Sadly, the victims succumbed while awaiting treatment.
This is not an isolated case of failure by counties to offer emergency care. It reflects a wider national weakness in the framework and capacity for emergency and trauma care. It includes inadequate staffing, insufficient equipment, long referral distances, and slow response systems that place the lives of Kenyans at risk of avoidable incidents and grief.
I, therefore, request for a Statement from the Chairperson of the Departmental
Committee on Health on the following:
Chairperson of the Departmental
Thank you. We will bring a report within the first week after recess.
Hon. Oyula, the first week after recess sounds reasonable.
That is okay.
Chairperson, the report should be ready and delivered by then.
ESTABLISHMENT AND OPERATIONALISATION OF MENTAL HEALTH FACILITIES IN THE COUNTRY
Hon. Daniel Karitho.
Thank you. 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 Health regarding the establishment of public mental health facilities across the country.
Mental health has become one of the most pressing public health concerns in Kenya, with an increasing number of Kenyans, particularly young people, battling depression, anxiety, substance use disorders, and other mental health conditions. Despite the growing demand for mental healthcare services, access to affordable and quality treatment remains a significant challenge. Additionally, most specialised mental health facilities are privately owned, making mental health care unaffordable for many Kenyans due to the high cost of consultation, admission, medication, and rehabilitation services. Consequently, many persons living with mental illness either delay seeking treatment or go without care altogether, exposing them to worsening health conditions, stigma, loss of livelihoods, and in some cases, preventable deaths.
Hon. Temporary Speaker, Section 73 of the Health Act Cap.241 requires the establishment and management of mental hospitals with sufficient capacity to serve all parts of the country at both the national and county levels. Additionally, the Mental Health Act Cap.248, expressly provides for the establishment of mental health units operated and managed by both the national and county governments. It also requires designated Level 3, 4, 5 and 6 public health facilities with mental health units to provide both inpatient and outpatient mental health services. Despite this clear legal framework, public mental health facilities remain inadequate, poorly equipped, and unevenly distributed across the country, forcing patients and their families to seek care in costly private facilities or travel long distances to access specialised treatment.
It is against this background that I request the Chairperson of the Departmental
Committee on Health to provide a Statement on the following:
Chairperson, Departmental Committee on Health
Thank you, Hon. Temporary Speaker. Relatively extensive work will be involved in this. However, we can give a report within two weeks after the recess.
Hon. Daniel Karitho, it is directed that the response from the Committee will come within two weeks after recess.
Thank you.
There are responses to previous requests for Statements. First is to the request of Statement by Hon. Mumina Bonaya. Chairperson of the Departmental Committee on Administration and Internal Security.
STATEMENTS
INSECURITY, FEMICIDE AND OTHER VIOLENT CRIMES IN ISIOLO COUNTY
Thank you very much, Hon. Temporary Speaker. The Woman Representative for Isiolo County, Hon. Mumina Bonaya, requested to be apprised of the rising cases of insecurity and the reported incidences of femicide and other violent crimes in Isiolo County. The Member particularly sought to be informed:
Thank you. Let me intervene in the proceedings to welcome the following schools and students in the Public Gallery to the House. In the Public Gallery, we have Bicham School from Kajiado East Constituency, Kajiado County; Ndimu School from Bahati Constituency, Nakuru County; Still 1 Rise from Ruaraka Constituency, Nairobi County; Shalom Academy from Bomet Central Constituency, Bomet County; and university students from Uriri Constituency, Migori County. They are all welcome to the National Assembly to observe the proceedings.
Hon. Mumina Bonaya.
Thank you, Hon. Temporary Speaker, for the opportunity. I wish to thank the Vice-Chairperson of the Departmental Committee on Administration and Internal Security for the response. However, I want to be specific regarding the cases that I presented in terms of the satisfactory answers I have received. For the cases of Ms Linda Nancy Achieng’, Ms Wendy Kendi, and Ms Hawo Kabiro Omar, the responses have been satisfactory. However, concerning the case of the six-year-old girl, Zulfa Gola Gimbe, I am disappointed with the response because there are things that we know, and there are things that communities know, that have not really helped in terms of arresting the suspect.
For example, the suspect in this case—the man who raped the six-year-old girl and killed her—escaped using the vehicle of the Officer Commanding Station (OCS) , who came to investigate the matter. In the response we received, we are being told that they have not made any progress, yet the suspect disappeared using a Government vehicle. The OCS aided his escape, pretending not to know who the suspect was. These are gaps in the investigation. You cannot just show up in a place where an innocent girl, who was attending Madrassa classes, was raped by someone, and the only effort that the OCS and his team made was to arrive and rescue the suspects, due to a looming mob justice from the community. Who will defend this young girl? I feel that this investigation needs to happen again. I am unhappy with how they have handled the evidence; they did not collect or analyse it properly. The only thing they did when they showed up was help the suspect escape. On this matter, I still request a satisfactory answer.
Hon. Dido Raso.
Thank you very much, Hon. Temporary Speaker. I think what Hon. Mumina is saying is a very serious allegation. If the Officer Commanding Station (OCS) himself is part of this crime, yet he is supposed to be the person arresting criminals, then that is, indeed, very serious.
Hon. Mumina and I come from the same community, and we take issues concerning minors very seriously. It is the responsibility of society and the community to protect people who do not have the strength to defend themselves. I believe she may have evidence. She should share with us so that we can share with the Directorate of Criminal Investigations (DCI) for the individuals to be brought to justice.
When do you want the Member to come before the Committee for further interrogation of the matter?
Next Tuesday, the Cabinet Secretary will appear before the Committee, and Hon. Mumina is accordingly invited to make the same allegation she is making because that is very serious as far as we are concerned.
Hon. Mumina, due to the seriousness of the matter you have raised, I will not have this one concluded before the House. I am sending the matter to the Committee for further investigations. You will be notified by the Committee as and when they can sit over it.
Thank you, Hon. Temporary Speaker. Just to add to what I shared earlier, on this case, the only people who have been interrogated so far are the family members of the young girl; nobody else. That alone tells us that there is no seriousness in handling this case as required.
You know the limitations of these responses have been the presidential system. It is for that reason that I am using my discretion to remit the matter to the Committee for in-depth interrogation. Please, attend and provide the information you have so that we can do justice to those Kenyans affected by the subject matter.
Hon. Irene Mayaka, next is the response from the Chairperson of the Departmental Committee on Agriculture and Livestock.
INVASIVE DODDER WEED IN KENYA
Pursuant to Standing Order 44 (2) (c) , Hon. Irene Mayaka requested for a Statement regarding the invasive dodder weeds in Kenya. I stand to respond to the Request for a Statement by the Member, as far as the response I have got from the Cabinet Secretary for the Ministry of Agriculture and Livestock Development. The Member specifically wanted to know the immediate intervention that the Ministry of Agriculture and Livestock Development has put in place to contain the spread of the dodder weed, including the availability and approval of effective means of control methods for affected farmers in Kenya.
Secondly, she also sought to know the measures undertaken to sensitise farmers and the general public on the identification, prevention, and management of dodder weed infestation, particularly in hotspot areas.
Finally, she sought to know the budgetary allocation that the Ministry has made to the Kenya Forestry Research Institute (KEFRI) , the Kenya Agricultural and Livestock Research Organisation (KALRO) , and other relevant institutions for nationwide mapping of dodder weed infestation, identification of hotspot areas, research on sustainable control measures, and implementation of urgent interventions. The Cabinet Secretary for Agriculture and Livestock Development responded as follows to the issues raised in the Statement:
The spread of invasive weeds has intensified due to climate change, rising global temperatures, and increased global movement. This has negatively affected food security and the livelihoods of millions of smallholder farmers. Dodder weed is a group of invasive parasitic weeds found in many regions across the world. These weeds attack a wide variety of plants and can lead to significant economic losses. In Kenya, the weed is spreading rapidly and has already been reported in about 12 counties, mainly in eastern and western Kenya, and the Rift Valley region. It now poses a serious threat not only to trees, but also to crop production, thereby endangering biodiversity and food security. The weed causes significant damage to crops such as tea, avocado, maize, sugarcane, and bananas. The weed has been observed in Murang’a, Nyamira, Bomet, Bungoma, Busia, Embu, Kakamega, Kajiado, Kiambu, Kirinyaga, Nakuru, Nandi, and Nyeri counties. Dodder weed also infests ornamental plants, native vegetation, and trees, reducing the aesthetic appeal of the landscape. As the dodder weed grows, it repeatedly attaches itself to the host plant, forming a dense network of intertwined stems that can completely cover a tree or shrub with thick yellow,
golden-orange, or green vines, eventually killing the host. Dodder weeds are highly prolific seed producers, with each plant capable of generating several thousand seeds in a single season. While only about 5 per cent of these seeds germinate the following year, the rest can remain dormant in the soil and stay viable for more than 20 years. Dodder seeds are mainly spread from one host plant to another by vectors such as birds, animals, and humans during pruning, composting of infected material, improper disposal of infested plant material, and movement of infected soil and equipment. Dodder seeds germinate on or close to the soil surface, typically without influence from the host plant. The emerging seedling produces a slender, twining stem that wraps itself around any nearby plant. Now, I move to the specific concerns raised by the Member. Firstly, she wanted to know the immediate interventions the Agriculture and Livestock Development has put in place to contain the spread of the dodder weed, including the availability and approval of effective control methods for affected farmers in Kenya. The Ministry has put in place the following interventions to contain the spread of dodder weeds:
The second issue that the Member sought to know is the measures undertaken to sensitise farmers and the general public on identification, prevention and management of dodder infestation, particularly in hotspot areas. The Ministry’s response is as follows:
The Government, through NAVCDP, supports awareness creation and trains farmers involved in the avocado value chain across the major avocado- producing counties in Kenya. The project counties for the avocado are: Bomet, Bungoma, Embu, Kakamega, Kiambu, Kericho, Kirinyaga, Kisii, Machakos, Meru, Murang’a, Nandi, Narok, Nyamira, Nyeri, Uasin Gishu and Vihiga. You will also realise that the six counties also map very closely to the target and strategic control counties. In the integrated management of invasive species, guidelines on dodder weed in avocado has been distributed to small-scale farmers in the avocado value chain to serve as a technical guideline for managing the invasive weed. Dodder can only be effectively controlled using an integrated management approach as no single method has been proven to adequately manage the weed on its own. The integrated approach combines preventive, cultural, mechanical and chemical methods that farmers and the general public use to manage dodder weeds. Biological control has to do with research which is underway in Kenya for dodder control using natural enemies or biocontrol engines. The third issue that the Member sought to know is the budgetary allocation that the Ministry has made to KEFRI, KALRO and other relevant institutions for national-wide mapping of dodder investigation, identification of hotspot areas, research on sustainable control measures and implementation of urgent interventions. The Ministry’s response is as follows:
The Ministry has not allocated any budget to KEFRI, KALRO and other institutions for management of invasive weeds activities such as mapping dodder investigation, identification of the hotspot areas and research. Thank you, Hon. Temporary Speaker. I beg to submit.
Yes, Hon. Irene.
Thank you, Hon. Temporary Speaker. I go on record that I reject that response in totality because it is extremely underwhelming. As we have heard, this dodder weed has affected up to 17 counties in this country. If you drive along Kisumu, Sondu, all the way to Kisii and Nyamira roads, you will see what the dodder weed has done. It has even affected the fences that people have put around their houses, as well as tea plants and fruits, especially avocados. In this response, the Ministry says that they have put in place extensive research personnel to undertake and find out what exactly is wrong with this weed. But when it comes to budgetary allocation, they tell us that there is no budgetary allocation for research.
Where I come from, in Nyamira and Kisii counties, the avocado fruit and tea are two extremely important cash crops. The same with the counties that have been mentioned. I just want to mention the counties once again so that Members can hear how extraneous this particular weed is. It has affected the following counties: Bomet, Bungoma, Embu, Kakamega, Kiambu, Kericho, Kirinyaga, Kisii, Machakos, Meru, Murang’a, Nandi, Narok, Nyamira, Nyeri, Uasin Gishu and Vihiga—17 counties. Some of these counties are the food basket of this country. How can the Ministry say that they have not allocated any budget towards control and prevention of this particular weed?
Hon. Temporary Speaker, this response is unacceptable and the Ministry needs to get back to us and give us a better response than this.
Hon. Dorice Donya.
Thank you, Hon. Temporary Speaker. I remember some time back, I asked a Question on the Floor of this House about the tea farmers in Kisii, Nyamira and some parts of the Rift Valley on why they were receiving low tea bonuses. Part of it is because of this weed. The Ministry said that parts of Nyanza and Rift Valley have low quality tea. We have found part of the answer to that. Then the Ministry goes ahead to say that they have not allocated any budget towards control of this weed.
When I read through the response from the Chair, the Ministry says that they always conduct some research. Which research will they continue doing when they have not allocated any money for this purpose? I find the answers from the Ministry of Agriculture and Livestock Development fake. They take farmers for granted. I get astounded every day I get an answer from the Chair of the Departmental Committee on Agriculture and Livestock. I am waiting for this year's tea bonuses and see whether the Ministry will say that they will conduct another research in places where farmers will receive low bonuses yet they do not consider key issues affecting the farmers in their budgetary allocations. Remember tea helps in food security. Tea has employed many people in this country. At the same time, we depend on it for everything. For once, can we ask the Chair to be serious? We do not stand to ask questions for the sake of it. We ask because we want to help our people. He has raised up his hand. I want to hear what he is saying.
Hon. Pukose.
Thank you, Hon. Temporary Speaker. I would like the Chair to clarify whether dodder, also known as cuscuta – which is a parasitic weed – has any beneficial results. I was just googling because I wanted to find out about dodder. I have also seen it on the fence in my farm. Google says that it has key traditional and potential health benefits. Among its benefits is reproductive and sexual health, where it improves impotence and other things. I just wanted to seek advice from the Chair on the weed. He talked about research on this weed. Can he tell us whether the weed is beneficial? Is there a way this can be harnessed for other benefits? The weed is being used in other countries like Iran.
Hon. Fatuma will have the last opportunity to joyride on this response. We have a very long Order Paper, Hon. Members.
Thank you, Hon. Temporary Speaker. I also want to add my voice to this response. I come from Migori County, where there are areas that border Kisii County that grow tea. The Chairman has just said that they do not have an allocation in the budget to deal with this problem. But in his response, he has mentioned that they have a committee that is supposed to deal with this situation, and they sit every day. I do not know what they are doing, but they have a budget for tea, mandazi, Keringet mineral water, and to sit on nice red seats. They are paid to sit. They have a budget for that, but they do not have a budget to do what is necessary on the ground. Why do they not disband this organisation that they call a committee?
Hon. Temporary Speaker, if I may read for you, it is a very large committee. It comprises the Kenya Agriculture and Livestock Research Organisation (KALRO) , the International Centre of Insect Physiology and Ecology (ICIPE) , the International Maize and Wheat Improvement Centre (CIMMYT) , and many other international organisations—sitting to drink tea and do nothing.
I beg your pardon, but I am sorry to say this despite your smile. You should be ashamed of this response. In your area, they grow tea, coffee and even avocados. How do you bring such a Statement to this House and convince us that there is no money in the budget? Where were you when the budget was being prepared because in your village this problem exists? Where
were you, as a Member of Parliament, when the budget was being made? In your Committee of 15 Members, I am sure that wherever they come from in this country, they grow tea, avocados and everything else affected here. Where were they? Sorry to say, but shame on them.
Hon. Fatuma, you cannot speak in that manner against Members when you do not have a substantive Motion. Withdraw the words “shame on them” especially as a Chairperson of a committee yourself.
Hon. Temporary Speaker, I withdraw, but you will find that the “wamunyoros” who were opposed to the budget decided not to attend when this issue was being discussed. Once again, not shame on you, but I am sorry for your ignorance.
Is that parliamentary?
Hon. Temporary Speaker, first of all, I would like to address my colleagues on the content of this response. It is extremely wrong for Hon. Mayaka to rise and pick the list that is targeted at control as though it were the list of affected areas, yet the report is before her. I refer to point number two, the first paragraph. She has read the counties targeted by the National Agricultural Value Chain Development Project (NAVCDP) . Those are the counties targeted for this particular project for control and not the affected ones. That is a wrong premise.
On the other hand, I would like to respond to Hon. Donya. Hon. Donya likes speaking to the gallery. This House made a determination that any Member interested in joining the Committee in the inquiry on the determination of tea bonus payment can join that Committee. We formed an expanded Committee and divided the Members into two, and agreed that those who would come…
Hon. John Mutunga, are you still on the dodder weed matter?
Yes, Hon. Temporary Speaker. Hon. Donya has raised another issue that I need to respond to because she is extremely ignorant.
Do not go into issues which are not related to the subject matter.
Hon. Temporary Speaker, a Member stands here and brands another Member as ignorant before they even know the content yet they have been involved in a process and on the first day of the outing, they were already convinced that everything being done was wrong. So, who is ignorant here? It is the Member who, by the second day of the outing, was already convinced and she left the team. Let me return to this report and respond to this lady.
Let me respond to…
Order, Hon. John Mutunga. I cautioned you against going away from the subject matter.
(Hon. (Dr) John Mutunga Kanyuithia stood up in his place) Take your seat, Hon. John Mutunga. Hon. Dorice Donya, what is out of order?
Hon. Temporary Speaker, the Chairperson has mentioned Donya four times instead of using that time to allocate the budget. I am not the one who came up with the Statement that there is no budget which has been allocated or the one who took the dodder weed to Kisii. Those are facts that you do not have the budget. Why is Donya coming in?
Hon. Fatuma.
Hon. Temporary Speaker, may I kindly introduce myself to the honourable Member because he referred to me as “may I respond to this…”. I am not a “this”. My name is Miss Fatuma Zainab Mohammed, CBS, Chairperson of the Special Funds Accounts Committee. I am a first-term Member with a CBS, a woman and I represent eight sub-counties. My dear brother, please, look at me with some respect.
Order! I think that introduction is enough. Hon. John Mutunga, please, keep to the sufficiency of your response and what you can do to seal any gaps.
Hon. Temporary Speaker, I did not write this report. I am reading it. That is very important.
Yes, but what do you propose to do to address the additional issues?
The contextual matters
Hon. John Mutunga…
Hon. Temporary Speaker, let me finish by saying this…
Hon. John Mutunga, Members are saying that the response you have read on behalf of the Ministry has gaps. How do you intend to address them? That is why I have given you the microphone.
Hon. Temporary Speaker, I am coming to that. The Ministry, on one hand, has stated it has a multi-agency technical control committee addressing the matter. On the other hand, it says there is no budget.
On point of order, Hon. Temporary Speaker.
What is out of order, Hon. John Kiarie?
Thank you, Hon. Temporary Speaker. The issue being addressed is a national issue and a catastrophe for agriculture. Understanding that, it would be more in order and in line with our parliamentary procedures that this goes back to the Ministry so that this burden is not occasioned upon the honourable Chairperson, who is just relaying a message to the House. I know you can direct it appropriately to where it belongs. Thank you for this opportunity.
On point of order, Hon. Temporary Speaker.
Hon. (Dr) Otiende Amollo, Senior Counsel, what is out of order?
Thank you, Hon. Temporary Speaker. May I advise my colleague, Hon. John Mutunga, that although this is a national issue, it appears
to be one of particular concern to our lady colleagues. As you seek a response, please, advise the Ministry that you do not want to suffer the wrath of women Members of Parliament.
Yes. Hon. Mutunga, did you note the concerns by Hon. Pukose, which you have also not addressed?
Hon. Temporary Speaker, I am addressing Hon. Pukose’s concerns. I had not finished.
Address the House in terms of how the responses not contained in the report will come to the House or what you want to do to secure that the response is satisfactory.
Thank you, Hon. Temporary Speaker. I note that the report is insufficient, especially in indicating that there is no budget when there is already a committee formed that is doing some work and several research institutions—the national research institution and the other international centres supporting Kenya. Therefore, I think that is a contradiction. On the issue that Hon. Pukose…
Are you saying that is a contradiction or you are going to seek clarification from the Ministry?
Hon. Temporary Speaker, we will seek clarification.
Okay.
Hon. Temporary Speaker, on the issue raised by Hon. Pukose, dodder weed is also known as Cuscuta. Cuscuta is important because it is used in the production of highly valued medicinal products like antioxidants and anti-inflammatory with hepatoprotective properties. It is useful and that is why connoting research is done. Research is not just about finding out whether they are weeds or not. It is also about finding out whether such weeds are useful and whether they can be commercialised. As we look at that, we are also looking at the preventive measures in those farms that are likely to be infested by these weeds. There is a lot of work that needs to be done. We cannot conclude this matter.
How long do you need to bring a substantive response to those gaps you have mentioned?
I propose that I bring the response on the second week after the recess?
Hon. Members, in the second week after recess, there will be a more substantive response to the additional issues you have raised.
Hon. Temporary Speaker, there is an issue I would like to address. A Member in this House indicated that we do not know how to allocate budget. I would like to address that as the Chairman of the Committee.
Hon. John Mutunga, I took note of that. It is a non-issue. Let us go to the next response, which will be given by the Chairman of the Departmental Committee on Defence, Intelligence and Foreign Relations, to the request for Statement by Hon. Caroline Ng’elechei. Before he does that, I want to allow Hon. Mark Ogolla Nyamita to welcome the University students from Uriri, Migori County, together with all students visiting the House to observe proceedings
Thank you, Hon. Temporary Speaker. Allow me to break procedure a bit on that issue even as Hon. Mutunga goes to seek further engagement with the Ministry of Agriculture and Livestock Development. Hon. (Dr) Pukose is just not a Member of this House; he is a medical doctor. I understand the concerns of the ladies, especially when Hon. Pukose mentioned that the weed can cause impotence in men. We have
noted how our women colleagues are very much concerned about this. I want to urge that Hon. Pukose be given time.
Hon. Mark Nyamita, the weed does not cause impotence.
That is what the Chairman...
The weed, according to Hon. (Dr) Pukose, treats impotence. The excitement of the lady Members could be more on the positive than on the negative side.
In that case then, they need to give feedback very quickly so that we can allay the fears of our female colleagues.
I take this opportunity to welcome a group of university students. Some of them are graduates in agriculture, and they might help in that research. I am honoured that they are here.
Hon. Temporary Speaker, as you might be aware, in the coming elections next year, I will not be seeking votes to come back here. I will go for a higher seat. I invited the young men, some of them who have graduated and some who are still in school, to come and see where I sit because, maybe, one of them might be here the next time. The visit is also meant to give them a chance to witness that Members of Parliament do a great job. I take this opportunity to welcome all the student, those who are in school and those who are not.
Karibuni sana to the 13th Parliament. Thank you very much, Hon. Temporary Speaker.
The students are welcome to the House to observe proceedings.
The Vice-Chairman, Departmental Committee on Defence, Intelligence and Foreign Relations Committee, is there a way you can
DEMISE OF MS SHEILA CHEPKORIR
Noted, Hon. Temporary Speaker. This is a response to a Request for a Statement by Hon. Caroline Ng’elechei regarding circumstances surrounding the death of Mrs Sheila Chepkorir Tanui in Australia.
Hon. Temporary Speaker, pursuant to the provision of Standing Order 44 (2) , Hon. Ng’elechei requested for a Statement from the Cabinet Secretary for Foreign and Diaspora Affairs regarding the circumstances surrounding the death of Mrs Sheila Chepkorir Tanui in Australia. The Committee specifically sought clarification on the following:
Hon. Caroline Ng’elechei.
Thank you very much, Hon. Temporary Speaker. First, I want to appreciate the Member for the response, albeit very late. They have taken more than three weeks to respond to this Request for a Statement. Nonetheless, there is no committal from the Government. The Statement neither commits nor gives any substantial information about anything. It just states that they will continue to engage. Until when are they going to continue engaging?
Secondly, for your information, the Ministry has been relying on family members to give them information. The family members through their own effort sent one of them to Australia to do a follow-up with the authorities of the Australian Government. The Ministry of Foreign and Diaspora Affairs has been, shamelessly, reaching out to the family members to update them on how far they have gone.
I was expecting a response to the Request for Statement. I was hoping there would be a follow-up. I expected the Government to say that it has given the family legal assistance, taken statements from the hotel or such like things. The Statement simply says that the Government is engaging. How is it engaging? Is it by phone? Has the High Commissioner even reached out to family members? It is a very ambiguous Statement which does not commit to do something. If you ask me to rate the response from the Ministry out of 10, I will give them
Vice-Chairperson.
Thank you, Hon. Temporary Speaker. I have noted the concern of Hon. Ng’elechei. I am sure issues of special support to Kenyans are very key. As a Committee and Parliament, it is our duty to allocate resources to the State Department for Diaspora Affairs. We have the Diaspora Fund which has not been implemented and funded yet. Once it is operationalised, support to Kenyans in distress outside the country will be addressed.
On the matter of the Statement not being very conclusive, I agree with her because these are progressive reports. We will ask the Ministry to ensure that they give us a progress report on what is happening. Remember, this is murder. It requires a bit of time for them to bring all the reports, considering that it is another country and another law enforcement agency is dealing with it. Nevertheless, we will still ask them to collaborate and engage with the Australian law enforcement unit to ensure the report is available.
Thank you, Hon. Temporary Speaker.
Vice-Chairperson, when will you bring the progress report on the state of the investigation?
Because we are going for recess, once we come back, probably all these ongoing investigations will have captured much of the information. After the first week of recess, we will have a complete and comprehensive report.
Hon. Ng’elechei, that sounds reasonable. Because the investigations are continuing, the Vice-Chairperson has undertaken that there will be a progress report before the House which will be debated as we go along on this sensitive matter. You will get a response the first week after recess.
That is okay, Hon. Temporary Speaker.
The response by the Chairperson of the Departmental Committee on Housing, Urban Planning and Public Works to the Statement request by Hon. Onesmus Ngogoyo.
Thank you, Hon. Temporary Speaker.
On a point of order, Hon. Temporary Speaker.
Hon. Millie Odhiambo, what is out of order?
Thank you, Hon. Temporary Speaker. I would like to comment on the demise of the lady in Australia. It was raised with us when we were in Australia last month. They said she had committed suicide, but evidence pointed to a possibility of murder. I am a Member of the Committee, and I have raised the issue there. The other issue that was raised by the Kenyans residing in Australia was the high number of Kenyans who are dying there. The Vice-Chairperson of the Committee has left. Because I am a Member of the Committee, I will bring it up when we discuss it. We need to look at it globally. Many young Kenyans are dying. We need to look at the causes.
Thank you, Hon. Millie. Hon. Members, luckily, the two issues will be brought to the House after recess. I hope we will engage in greater detail then.
Yes, Hon. Chairperson.
COLLAPSE OF A STOREY BUILDING IN KAJIADO COUNTY
Thank you, Hon. Temporary Speaker. On 8th June 2026, the Member for Kajiado, Hon. Onesmus Ngogoyo...
Is Hon. Onesmus Ngogoyo in the House?
Yes.
Okay. Can you go to the specific responses, so that we save time?
The Member of Parliament requested for a Statement from the Chairperson of the Departmental Committee on Housing, Urban Planning and Public Works regarding the collapse of a building under construction at Ole Nairi area, Kajiado North Constituency. In the Statement, the Member sought to establish, among other things:
Order, Hon. Chairman. What is out of order, Hon. Owen?
Hon. Temporary Speaker, there seems to be general consensus on the response because Hon. Ngogoyo is here and he is probably the only one interested in that matter. I can see everybody else is on his phone and doing other things. The response is lengthy and, of course, detailed and we thank whoever prepared it. You could give it to Hon. Ngogoyo to read and if he has issues, he can raise with him and then we move on. We seem to be stuck.
Hon. Chairman, how long do you have to go?
I am almost done and all these are very critical points, Hon. Temporary Speaker.
Proceed.
Thank you. The Work Injury Benefits Act together with this framework, established the statutory obligations for workers’ safety and compensation. The State Department further informed the Committee that the NCA plays a complementary role by accrediting and certifying skilled construction workers and its supervisors, thereby ensuring that only qualified personnel are engaged in the project. The accreditation reduces risk and enhances safety standards on construction sites. The State Department indicated that responsibility for worker safety is shared with employers and contractors are required to comply with the Occupational Safety and Health Act provisions by providing protection equipment and maintaining safety working conditions while the Director of Occupational Safety and Health Services enforces compliance and NCA strengthens safety through accreditation.
Hon. Temporary Speaker, in conclusion, the State Department informed the Committee that it remains committed to strengthening regulatory oversight, enhancing coordination among relevant agencies and promoting safety within the built environment. The State Department indicated that it has requested additional budgetary allocation through its submission to the National Assembly to support timely emergency response, routine inspections and improve inter-agency coordination, thereby enabling more effective prevention of building collapses and other construction-related disasters. It further stated that it remains committed to implementing the recommendations arising from its investigation and taking all necessary measures to safeguard lives and property.
Thank you, Hon. Temporary Speaker. I submit. Tied to what I have just read is submission from the State Department for Public Works. A copy of the same was made available to Hon. Ngogoyo in advance.
Hon. Onesmus Ngogoyo.
Thank you very much, Hon. Temporary Speaker. I also thank the Chairman. As I appreciate the good and detailed response, thank you for intervening so that the public, even those in Nairobi and other counties, can know from the State Department a number of things that have come out very clearly on the construction of this particular building.
With your indulgence, I want to ask the Chairman of the Committee a question. They have detected three abnormalities that were present in that building. Number one, it did not have an architect because he had withdrawn last year in June and so the construction was ongoing without an architect. The Resident Engineer, Ngugi, resigned this year in January, but the construction of the building was ongoing. Now that there is either an omission or a commission and an error has happened, what is the State Department doing to prosecute whoever was going on with the construction without an engineer and an architect as required by law? What is the State Department doing because the Directorate of Criminal Investigation (DCI) says it is waiting for a report from Public Works? Have you forwarded the same to DCI so that they can go on with this?
I also want to register my appreciation that even on a number of issues that were not in the State Department for Public Works, like disaster management, you have said that in the shared responsibilities, you have deficiencies in mitigating some of the problems that are there. I have noted that very well. In this case, because the response is detailed, I just want to know from you if have you forwarded the same information to DCI. To anybody who doubts that Statements provide answers in this Parliament or in the public, this Statement is an example of what a good working Committee can do and I want to thank the new Chairman for bringing this good response on time.
Hon. Temporary Speaker, on that one answer, I request you allow him to respond to me.
Hon. Chairman.
Thank you, Hon. Temporary Speaker. I want to say that I have noted the concerns of Hon. Ngogoyo, which are very genuine. I thank him because he is very concerned about his constituents. I want to be on record that I will bring more clarification concerning that in the first week after recess. I will get in touch with the Ministry.
I think we will leave it at that, but also to alert Members that the proceedings of the House are public and the DCI, in terms of their investigations, should be observing the proceedings and know what to do in terms of the investigations or further investigations they want to take.
What is out of order, Hon. Pukose?
Hon. Temporary Speaker, Hon. Ngogoyo thanked the Committee. This report has come from the Ministry and he should also thank the Ministry and by extension, the Government that it is doing a good work.
That one goes under what Hon. Otiende Amollo calls judicial notice, as the report has come from a Government Ministry. Let us go to the next response. Yes, Hon. Ngogoyo?
Hon. Temporary Speaker, the reason you see me insisting on this response is that four lives were lost. They were not of residents of Kajiado North since one came from Bomet and another from Navakholo. They were just simple painters painting a house and it crashed on them. Those four lives must be accounted for by this National Assembly. We must be accountable and that is why I am insisting it should be on public record that the Ministry did its work, but it is the contractor who ended the lives of the four individuals.
It is already on record and the Chairman also informed that you already have a copy of the report. There are some things you can do to help with the investigations without being publicly on record.
REHABILITATION OF MIGORI RIVER BRIDGE
Thank you Hon. Temporary Speaker. I am wondering whether Hon. Masara is in the House.
Is Hon. Peter Masara in the House? If he is not in the House, as per tradition, please, table the response.
Hon. Temporary Speaker, for the record of Parliament and this House, we had shared the response with Hon. Masara. It is about the Migori Bridge and I think it will be in order as I table this response, I let them know that the works have been contracted and the contractor will be on site as soon as possible. I now table the report.
I want, for once, to review the direction I have given on that. Is that the one concerning the main bridge in the middle of Migori?
The response will be treated as the property of the House even if the Member is absent. I want you to read the specific recommendations you are making. The bridge runs through a transnational highway. That is the only way that goes to Tanzania through the Sirare Border.
Hon. Temporary Speaker, in summary, the bridge was undermined by much rain. The bridge substructure was undermined, but the bridge itself remains intact. The Ministry has done the following regarding the work Hon. Masara has requested.
The work delayed because the water level stayed high for long and the Ministry needed to design and validate the kind of work that needed to be done to provide a solution for the bridge. Further, the Ministry submits that the permanent solution includes installation of additional hydraulic capacity, a box culvert in addition to reinstating the washed-out section. The Ministry indicates that the Kenya National Highways Authority (KeNHA) has secured the necessary funding, which was provided for in the Supplementary Budget. As a result, the works have been advertised. We have given Hon. Masara the advertisement published in the newspapers, which was done on 23rd of June.
Regarding the timelines, the work will commence as soon as the procurement process is complete. The Ministry further submits that the duration of construction will be six months, with a defect liability period of 12 months.
Regarding measures put in place to ensure that the safety of motorists, pedestrians and other road users, pending completion of the rehabilitation works, the Ministry admits that KeNHA will install warning signs, barricades and traffic management measures on the affected bridge. The Ministry further submits that road users will be directed and guided to designated alternative routes, where applicable, while regular monitoring and maintenance of the safety installations will be done on site. The Ministry submits that the contractor will ensure the safety of the public is maintained throughout the construction period until the bridge is reopened.
In summary, funds have been secured and the procurement process has begun. As soon as it is complete, these works will be done. The contract period will be six months after the works finally commence.
I would like to notify the House that Hon. Masara is back. Thank you, Hon. Temporary speaker.
Hon. Francis Peter Masara, what do you have to say to the response from the Ministry?
Thank you, Hon. Temporary Speaker. First, I appreciate the response as per the Chairman. But I am not satisfied with the Chairman’s response. The Migori Bridge is the gateway to Tanzania. It connects Suna West and Suna East, the CBD of Migori County, the headquarter of South Nyanza. For the last six months, there is no business that has been going on within the town.
I am sure the people of Migori have listened to the response. Two months plus six months is eight months. That will be one and a half year the town is closed. This is not fair to
the people, more so, in terms of security. The bridge is closed using murram. A person who wants to cross to the other side travels an extra almost 13 kilometres. The Committee was in Migori the other day and they experienced the problem. Therefore, I request the Ministry or the Government, if possible, to deploy the Kenya Defence Forces (KDF) to repair the bridge so that the people of Migori and traders can go on with their activities. We cannot wait for two months for procurement to be done. If a contractor is not found, we will wait for another two months. Were a contractor to be on the ground, mobilisation would take place. I do not want to be told that we will suffer until next year during election because we do not a bridge. If it is possible, let this be treated as an emergency by letting the KDF repair the bridge before the next rains.
In the next two months, we will be having the September rains that will last until November. Next year, we will have other rains. We cannot accurately predict the severity of the rains. The weatherman, this time, predicted that we will have a lot of rain. Now that we have a dry spell, can the bridge be repaired in the next three, four weeks or two months by KDF so that the people of Migori can enjoy the services of that bridge?
Thank you, Mr. Speaker.
Hon. (Dr) Otiende Amollo.
Thank you, Hon. Temporary Speaker. Let me come to the assistance of my brother Hon. Masara. He says he listened to the response, but he is not satisfied. He was not here when part of the response was read. I confirm that even the part of the response that was read when he was absent was still not satisfactory.
I have used that route in recent times and it is true that it takes one more than an hour to go around that bridge. That is highly inconvenient not just to the people of Migori, but also to this country because it is the gateway of trade with the United Republic of Tanzania.
I heard the Chairman of the Committee say that the bridge has been undermined for long. In further clarification, I would like the Chairman to explain what undermining means. As a veteran protester, and some of us here are veteran protesters, for long the Migori Bridge was our tool of protest. Therefore, let it be reinforced in such a manner that in the unlikely event that in future it has to be used as a tool, it will not be undermined. Let it be a lesson to those planning to protest tomorrow that even as they protest, let them try not interfere with infrastructure.
Lastly, I want to thank the Chairman for that summary.
Hon. Temporary Speaker, may you inform Hon. Masara that I am on a point of order. He cannot be on a point of order. In the process of managing protests, no one should undermine any infrastructure, whether it is the police, citizens, Government or anyone else. I support the idea of having very quick works on that bridge.
Hon. Otiende Amollo, the Procedure and House Rules Committee has picked up the point you have raised. It is under consideration in terms of possible amendments to the provisions of the Standing Orders.
Hon. Namuar.
Hon. Temporary Speaker, thank you. I want to thank Hon. Masara for his Request for a Statement and thank the Chairperson for the response. Having worked in Migori for three and a half years, I support that the bridge gets the utmost attention required.
But joyriding on the same, allow me to mention that in Loima, for example, you have to come all the way from Lorugum, the headquarters of Loima Constituency, to Lodwar to get to another part of the constituency. As a result, you spend more than one hour and a half, but if there was to be a crossing, you would spend less than 30 minutes. There is need for an immediate crossing so that the whole constituency and part of the county can be served adequately within the required timeline.
Again, in my constituency, Turkana Central, I am constructing a new road across River Kerio where we have a totally forgotten community in the Loriu Ranges. The Ministry has taken too long to construct the road. The Chairman of the Budget and Appropriations Committee is listening. We have more than 10 polling stations in that part of the world. They only see the Government when they vote because ballot boxes and papers are transported by helicopter. We request that you curtail helicopter use so that we can construct a bridge that adequately serves the 10 polling stations. We will also serve the residents in those places. They do not have schools, dispensaries, or water because we cannot access them adequately. I have raised this issue several times with the Ministry. It is good if it gets the required attention.
Hon. Members, we need to go to other business. Hon. Caroli.
Hon. Temporary Speaker, I also have deep interests in Migori. Thank you for giving me the opportunity to contribute. I am wondering why the broad-based Government brigade is not asking for a bypass for Migori Town. We plan to give them one sometime next year, when Linda Mwananchi takes over.
Hon. Caroli, this is the House of representatives, and you speak for the entire nation. It is not for a section of people to ask questions concerning any part of the country. Any Member of Parliament, as Hon. Namuar has done, can raise an issue of concern within any part of the country.
Hon. Temporary Speaker, with your guidance, may I, on behalf of the broad-based Government brigade who are quiet, ask that the Government immediately take the necessary action to design and implement a bypass road network for Migori Town?
Hon. Caroli is undermining Hon. Peter Masara without a substantive Motion because he has made that request.
Hon. Masara, I have not given you a microphone. So that we may go to other business, this is the bridge in the middle of Migori Town, if you do not know it. On the west side of that bridge is Suna West Constituency and the east side of the bridge is Suna East Constituency. Is there a way the procurement process can ensure those works start immediately?
Hon. Temporary Speaker, the procurement process has commenced. The only thing that we can do is what is urgent. Secondly, the suggestion by Hon. Masara that this construction be moved from the Departmental Committee on Transport and Infrastructure to the Departmental Committee on Defence, Intelligence and Foreign Relations will subsequently remove this idea from the Departmental Committee on
Transport and Infrastructure. I do not know how we will go forward with it. The Ministry's commitment is that the work has been advertised. As soon as the bids are received, they will be prioritised for evaluation, with work commencing as soon as possible. Funding has been provided.
Hon. Peter Masara, the Cabinet Secretary concerned is Mr Davis Chirchir. He is a man of his word, expedition and efficiency. Let us trust the Ministry, under the guidance of the House through the Committee, to prioritise it as a matter of national interest and to expedite it.
Next Order.
CONSIDERATION OF REPORT ON THE FISHERIES MANAGEMENT AND DEVELOPMENT BILL
Put the question.
Is it the mood of the House that I put the question?
Yes.
Can Hon. Kimani Kuria or Hon. Kuria Kimani, approach me?
Hon. Temporary Speaker, you have to be very careful on how you pronounce our names: Kuria Kimani and Kimani Ichung’wah. When you called Hon. Kimani Kuria, Leader of the Majority Party ran back to the House, wondering which business was next.
I have noted many lapses on the part of Hon. Kimani Kuria. Let us do a procedural step here. Clerk-at-the-Table, can you go back to Order No. 5?
Hon. Kimani Kuria.
Hon. Temporary Speaker, I beg to lay the following Papers on the Table:
Reports of the Departmental Committee on Finance and National Planning on its consideration of the following—
Thank you very much. Next Order.
THE COUNTY ALLOCATION OF REVENUE BILL
Hon. Temporary Speaker, I beg to move that the County Allocation of Revenue Bill (Senate Bill No.10 of 2026) be now read a Second Time.
Hon. Temporary Speaker, you need to indulge me so that I can speak to my brother Hon. Caroli Omondi, who mentioned that Linda Mwananchi will take over power in the next one or two years. I want to remind him that his presidential candidate was suspended by the Orange Democratic Movement (ODM) , and he is currently partyless. He has gone back to court to seek justice. I do not know how that outfit plans to take power from us when their candidate has no political party.
benefit significantly from the population index factor, one of the factors used to share county revenue. Third, under the County Allocation Index I mentioned, they were not sufficiently favoured by the allocation formula. Therefore, the affirmative action allocation under this Bill is Ksh4.46 billion, to be shared among the 12 small counties I have mentioned.
This Bill also guides and provides specific allocations based on the approved revenue-sharing basis. The First Schedule of the Bill sets out the distribution of the equitable share among the 47 counties under the three allocation components I have mentioned. The baseline allocation of Ksh387.425 billion is reflected in Column C of the Schedule. The affirmative allocation is reflected in Column D. The balance of the equitable share above the ring-fenced amount for the two components totals Ksh36.115 billion. This amount is distributed through the County Allocation Index and is reflected in Column F of the Bill.
The total allocation due to each county government, comprising the three components, is presented in Column G of the First Schedule of the Bill. I do not know whether I need to mention what each county will get. However, if you have the Bill, you will see that Baringo County will get a total of Ksh8,476,268,854.
Hon. Temporary Speaker, this Bill provides ceilings for recurrent expenditure for both county governments and county assemblies. In the past, some counties spent more on recurrent expenditure than on development. Therefore, this Bill specifies the amounts that may be spent on recurrent and development expenditure. The focus needs to be more on development. This has also been reflected in the expenditures for county assemblies. In the past, some county governments undermined county assemblies. As part of giving them independence to oversee county governments, this Bill outlines what they may spend on development and recurrent expenditure. As I said, this is a very small Bill and this House must pass it without amendments.
I conclude by stating that the Committee reviewed the Bill and observed that the proposed allocations fully comply with the Constitution, the Public Finance Management Act and the approved Fourth Basis for Revenue Sharing. The Committee concluded that the allocation framework ensures a transparent, equitable and legally compliant distribution of resources among counties. Consequently, the Committee recommends that this House approves the County Allocation of Revenue Bill, 2026, Senate Bill No.10 of 2026, without amendments.
Hon. Temporary Speaker, I beg to move and ask the Vice-Chairperson of the Budget and Appropriations Committee to second.
Hon. Pukose to second.
Thank you, Hon. Temporary Speaker and Chairperson, for moving this Motion. I rise to second the County Allocation of Revenue Bill. This is a Bill that originated from the Senate, and as the Chairman has put it, the Committee has not proposed any amendments to it.
This Bill distributes funds to all 47 counties in our country. Notably, this Bill also allocates funds to all county assemblies. Therefore, each county assembly will receive its own budget through the County Allocation of Revenue Bill. The Bill also sets ceilings for recurrent expenditure. We, therefore, expect county governments not to divert funds meant for development and to ensure that development funds are utilised for development purposes.
The Bill further sets expenditure ceilings for county executive committees. You will find that some county assemblies have gained while others have lost allocations. Where allocations have been reduced, it is because certain funds allocated in the previous financial year were one-off allocations and have, therefore been left out in this financial year.
Hon. Temporary Speaker, we have also realised that own-source revenue for many counties has declined compared to what was once called…
Are you talking about the local government?
Hon. (Dr) Robert Pukose (Endebess, UDA): In the past, the local governments were collecting more money than what we are collecting now in the counties. This is a matter of concern because counties should not wait for what is collected from the national Government when they have the capacity to raise their own revenue. When we pass the County Allocation of Revenue Bill and the Division of Revenue Act, any shortfall in national revenue collection means the national Government loses. Whatever we give to counties remains the same. At times, the Kenya Revenue Authority (KRA) may not collect enough revenue, leading to delays in disbursements to counties. However, if counties enhance their own-source revenue collection, it will help ensure that county services run smoothly.
With those few remarks, Hon. Temporary Speaker, I second.
The Leader of the Majority Party takes precedence.
Hon. Temporary Speaker, I rise to support this Motion. I thank the Chairperson and the Budget and Appropriations Committee for considering this Bill from the Senate. This Bill distributes the revenue that was shared between the two levels of government under the Division of Revenue Bill among the 47 counties. If you look at the Schedule of the money we divided between the two levels of government, the Senate has gone further to share revenue in line with the current revenue-sharing formula.
I was looking at some of the counties receiving hefty amounts, such as Nairobi and Kiambu, where I come from. Mombasa County is also not doing too badly. If the County Government of Nairobi is receiving Ksh22 billion in shareable revenue, are Nairobi citizens receiving commensurate services? If Mandera County is getting Ksh12.5 billion or Kakamega County is getting Ksh14 billion, are the citizens getting commensurate services? My county, Kiambu, is getting Ksh13.5 billion. It is one of the counties receiving the highest amounts of shareable revenue. However, we should go to the grassroots level and ask our constituents whether they are receiving services commensurate with the funds governors and county governments receive.
We are headed to an election year. This is the second-last County Allocation of Revenue Bill we are debating. Once it becomes an Act of Parliament, it will be the second last one. I know the Comptroller of Budget and the Auditor-General are also doing their work. Are our governors doing their work with the money allocated to them? I dare say that many of them are a big let-down.
Go to any part of this country, be it Kiambu, Nairobi, Baringo or Mombasa, and ask the people which money between the National Government Constituencies Development Fund (NG-CDF) and the county government funds are being felt on the ground. What tangible development can they see on the ground? I have been to some counties where constituents claim that the Woman County Representatives are doing better with the meagre funds they receive from the National Government Affirmative Action Fund (NGAAF) . They are doing more impactful projects than governors who manage billions of shillings. I have travelled across this country and listened to many people.
The opposition is inciting the public that the Social Health Authority (SHA) is not working. Local dispensaries do not have medicine or healthcare workers. I have listened to horror stories from healthcare workers, who are on their third month without pay in some counties. In Kiambu County last year, healthcare workers went on strike for months. The governor felt, heard and saw nothing bad even as children died in hospitals. It took the intervention of the Council of Governors (CoG) for something to be done. I remember sitting with the CoG health committee leadership and the Kenya Medical Practitioners, Pharmacists
and Dentists Union (KMPDU). It finally prevailed on the CoG to mediate between the KMPDU and the County Government of Kiambu, to at least get health services working in Kiambu County.
Last week, I saw the Member for Thika Town, Hon. Alice Ngang’a, storm into a hospital in Ruiru to rescue close to 20 mothers who were being detained for unpaid bills. Why are mothers being held against their will, exposing their young babies to infections in the hospital? Parents know that it is very easy for children to pick up all manner of infections. Newborns are being detained in the hospital because their mothers have not paid their bills.
I saw the naysayers asking whether SHA is working. I have mentioned this issue because governors have let Kenyans down. Governors have sabotaged SHA. One of the health laws we crafted under SHA was the Facilities Improvement Financing Act. Hospitals collect money through the Facilities Improvement Financing Act, but does it go back to the facilities? Governors collect that money from health facilities and use it to hand out politically expedient giveaways, such as chicks, packets of unga, and fertilisers. Some are branding milk packets with their names and photos. Those funds should be used to improve healthcare facilities. That was the law’s intent.
We developed the Act to ensure that a dispensary in Ruiru does not have to wait for operating funds from Kiambu County. Mbagathi Hospital does not have to wait for City Hall to send funds. They should collect money locally, so that if they run out of bandages and paracetamol, they can procure them locally. The regulations provide guidelines on the amounts of money that hospitals can procure locally. We ensured that those regulations were operationalised.
We have just allocated Ksh21 billion in this year’s Budget to the Kenya Medical Supplies Authority (KEMSA) to ensure that county governments and hospitals can procure medicine. Are counties procuring and paying for medical supplies? Talk to KEMSA. They are not. Do they have money? Have they collected money from SHA? Yes, they have. Are they offering healthcare services to Kenyans? They are not.
I wish Hon. (Dr) Nyikal were here, but the Chairperson of the Budget and Appropriations Committee is present. He will tell you that the Primary Healthcare Fund received an allocation of Ksh19.1 billion. Why are we allocating Ksh19.1 billion to primary healthcare facilities? Pursuant to Article 43 of our Constitution, any Kenyan who falls ill in any part of the country can visit a primary healthcare facility, a dispensary, or a Level 1, 2, or 3 facility and receive treatment. As long as the facility is listed under SHA and the patient is also listed and has paid premiums, the patient receives free treatment.
Governors are letting us down. They do not want the public to know that the Government has allocated Ksh19 billion to cater for their healthcare because they want to steal from the same public by charging them twice. That is the most evil thing any human being can do to another. You take your child who has a high fever to your local dispensary, and you are then told to cough up Ksh700 for consultation. Then another Ksh900 for unavailable drugs, which you must buy outside the hospital at a pharmacy owned by a county executive or the chief officer in charge of healthcare. We are treating our people unjustly. We then tell our people that SHA is not working. The SHA is not the problem; your theft and greed, which we cannot satisfy, are.
The Ksh19 billion allocated to the Primary Healthcare Fund should ensure that Kenyans have access to free primary healthcare, not just in public hospitals, but also in SHA-enlisted private hospitals. We must tell the people of Kenya that they should receive care as long as they are enlisted and registered with SHA and the hospitals they visit are SHA-enlisted. First, ensure you are registered with SHA and have paid your premiums. Secondly, ensure that the hospital you visit is SHA-enlisted. You should receive primary healthcare services without any payment if those conditions are met. This is because we have provided for that.
When we did the Primary Health Care Act, you will recall that we said it would be compulsory for us, as a House representing people in our constituencies and counties, to allocate money to the Primary Healthcare Fund. We have done that as Members of the National Assembly. We must now ask our Senators to do their part. It is not enough to simply call governors to the Public Accounts Committee in the Senate and harass them at the gate, chasing them around. I do not know what they do to them, including throwing punches. That is not the work of any Senator. Indeed, it is unbecoming of any Senator to be chasing a governor on the road.
A Senator of Nairobi!
Whether you are a Senator for Nairobi, Homa Bay, Kiambu, or anywhere else, your work is oversight. Your responsibility is to ensure that money allocated to the Primary Healthcare Fund is being utilised to provide free treatment to people in your county.
You must also ensure that the Facilities Improvement Fund is being utilised to improve facilities at the local level. The Facilities Improvement Fund is intended for all county hospitals. We have allocated shareable revenue, which is being distributed. More money is going to healthcare through the Facilities Improvement Fund. More money is going through the Primary Healthcare Fund, together with reimbursements. Therefore, the people of Kenya should not be crying about healthcare.
Hon. Temporary Speaker, if I had my way, even though Senior Counsel Hon. Otiende Amollo and Hon. Caroli Omondi may not agree with me, I know I speak for very many Kenyans.
Do away with governors.
No. I would not do away with governors. However, I would return the healthcare function to the national Government, at least for Levels 2, 3, and 4 facilities. If only I had my way.
On a point of order.
What is out of order, Hon. (Dr) Otiende Amollo?
Thank you, Hon. Temporary Speaker. I have listened, as I usually do, very carefully to the Leader of the Majority Party as he is spewing a lot of wisdom, much of which I agree with. However, there are two points to be made, and I rise under Standing Order 87.
Before I do so, if you allow me, I wish to tell the Leader of the Majority Party that the point he is making is not merely one that would require an amendment to the Constitution. I
am on record as saying that a scrutiny of the Constitution leads to the conclusion that, when the decision was made to devolve healthcare in its generality, it was a mistake.
The Fourth Schedule, in terms of the healthcare facilities assigned to counties, does not provide for healthcare generally. It only covers certain health facilities previously run by the State Department for Local Government, not the entire healthcare function. Therefore, I would actually agree with him that the mistake was made several years ago. If efforts are made to correct it, I would not be the one standing in the way of that correction.
Having said that, I also agree with the Leader of the Majority Party that the NG-CDF and the NGAAF do many visible things, whereas many counties do little that is visible. However, for our own benefit, I wish to invite your attention to Standing Order 87, without necessarily inviting you to rule immediately. We should carefully consider Standing Order 87 regarding the discussion of the conduct of any head of government. The first question is whether a governor is considered the head of government at the county level. If that is the case, then we must refrain from using adverse terminologies against such persons without a substantive Motion. That is my first point.
Secondly, regarding Senators, I have no idea who is chasing whom or for what purpose. There may be people who know that better than I do, as I look at them.
Thank you. First, let me thank Hon. (Dr) Amollo for sharing great wisdom on healthcare functions. I referred to Hon. (Dr) Amollo because I knew he was actively involved in drafting the current Constitution. When you hear a senior counsel informing us that the drafters of the Constitution never intended healthcare to be devolved in the manner in which it currently is, it becomes clear why Kenyans are crying out.
As much as Hon. (Dr) Otiende Amollo says he is not inviting you to make a ruling, he knows he is speaking as a lawyer. He is a senior counsel. He also knows that, while I am not a lawyer, I am not daft either. Therefore, he knows that I am speaking in general terms. I have not spoken about any particular governor, nor have I spoken about any particular senator. Consequently, I cannot be said to be discussing any specific individual.
I am fully aware of the provisions of Standing Order 87, and that is why I carefully chose my words. Even when I referred to senators who are chasing people around, the people of Kenya know who they are. I do not need to mention names. They saw them.
When I speak about governors distributing chicks, packets of unga, or half a kilogramme packet of sugar, Kenyans know who they are. When I speak about governors branding milk, Kenyans know who they are. Therefore, we are not discussing any particular governor. We are discussing the bad conduct of governors and telling them, without apology, that they must be accountable to the people of Kenya. They must be accountable not only for
the shareable revenue distributed through the County Allocation of Revenue Act (CARA), but also for all other money they receive, including additional county allocations we recently approved.
You know we have conditional allocations, such as the Ksh8.6 billion we allocated to make Universal Health Coverage workers permanent and pensionable. We must inform the people of Kenya about this. If we do not, governors will go out there and begin pointing fingers at the national Government and Parliament. Parliament is often vilified because people imagine it has failed to do its work. We must tell the people of Kenya that we have done our part. We have allocated money for Universal Health Coverage workers. Hon. (Dr) Nyikal is here. He knows about the Ksh8.6 billion allocation.
We must also tell Kenyans that an additional Ksh19.1 billion has been allocated to the Primary Healthcare Fund. That way, when a governor seeking cheap political points tells Kenyans that SHA is not working, the public will know the truth. At times, I am informed, some governors even delay the activation of SHA services in their hospitals so that patients cannot make claims. Later, they activate the services and proceed to claim the money themselves, without ever informing the patients. We must call them out.
I can see that my time is nearly exhausted. Let me conclude by saying that I support the County Allocation of Revenue Bill. When it becomes an Act of Parliament, I expect that all governors in Kenya will and must be accountable to the people of Kenya without exception. Not just in relation to this money, but also for the additional county allocations and all other funds allocated to county governments. In my county of Kiambu, people are crying out because they have not seen a single road constructed by the county government in the last three or four years. Why? Because the county government is using money meant for roads to buy chicks, a packet of unga, milk and other items.
Give the Leader of the Majority Party two minutes to conclude.
Hon. Temporary Speaker, Hon. Caroli Omondi, on a light note, is asking me which chicks I am referring to. I mean chicken, day-old chicks, not the other chicks Hon. Caroli Omondi is imagining. The people of Kiambu are being given day-old or five-day-old chicks. I have nothing against that. However, as they receive those chicks, they must also know that funds are allocated to road rehabilitation and maintenance. Yet that work is not being done. They must know that Ksh19 billion is available under the Primary Health Care Fund. When they walk into Lusigetti Health Centre, which we are upgrading as the national Government to a Level 4 hospital, or when they visit Level 3 facilities at Zambezi, Kinoo or Gikambura health centres, they should have access to free healthcare services so long as they are registered with SHA.
I know this because I ensured all those facilities are listed. People should not be charged, yet they continue to be charged, and the governors are still claiming they are not. This is the money they use to bribe Kenyans for political expediency. I want to tell the people of Kenya that those who seek to bribe you with your own money meant for your drugs and healthcare facilities, when the time comes, deal with them as you ought to deal with them.
Before Hon. Otiende Amollo rose on a point of order, I was saying that the Senate must hold governors to account. That is why the Senate County Public Accounts Committee must
be beyond reproach so that governors can be held accountable for all the money allocated to counties.
With those remarks, thank you, Hon. Temporary Speaker. I support.
Hon. Gitonga Murugara. Hon. Members, this is a very short Bill. In light of what has been said by the Leader of the Majority Party, let us expedite consideration of the matter so that we can proceed to the Committee stage.
Thank you, Hon. Temporary Speaker. Absolutely, I am in total agreement. This is a very short Bill. The Senate has done its work, informing us how the Ksh428 billion allocated to counties will be distributed. The Schedule clearly indicates what each county will receive, including my own county of Tharaka Nithi, which is allocated Ksh5,213,759,236.
I support the Bill, but I emphasise that substantial funds are being allocated to counties. Devolution was one of the best ideas we came up with as Kenyans because it was intended to take development to the rural areas. However, it is often said that what we devolved was corruption. We provided money to characters—I am sorry to use the word—or to officers known as governors, so that they have the purse from which they can draw money for use not for the benefit of Kenyans.
As we move into the next financial year, my county will receive approximately Ksh5.3 billion. An additional amount of more than Ksh1 billion will come through conditional grants and other allocations. In total, the county will receive about Ksh7 billion. The question remains, what has the county government done with these resources? If you compare what the NG-CDF has achieved in the three constituencies with what the county government has delivered, it is embarrassing. They have not done anything. When you ask them, they talk about recurrent expenses that are 60 per cent and development expenditure at 40 per cent. Yet, even that 40 per cent is nowhere near the level of development achieved through the NG-CDF allocations.
Then there is the issue of local revenue collection. As Hon. Pukose mentioned, counties collect cess and revenue from markets. I am informed that some counties operate as many as 50 bank accounts into which these revenues are deposited through dubious ways controlled by governors or their stooges, or whoever they are. I know some of us aspire to go to counties, but the mentality that governors use money meant for citizens however they want is abhorrent. We must speak out against it and condemn it.
As we support this Bill, the Senate must wake up. It must go to the counties and ensure that these funds are properly accounted for and subjected to effective oversight. Rogue governors must be brought to book. I keep reminding the Ethics and Anti-Corruption Commission (EACC) , an institution that falls under my oversight, that there is a lot of work to be done in the counties. They must not relax. They should bring the governors to book. We want to see many of them brought to the EACC so that they can tell us what happened to our money. We support this Bill, but we demand strict accountability to Kenyans regarding how these large sums of money are spent to benefit Kenyans. Therefore, I support.
On a point of order, Hon. Temporary Speaker.
Yes, Hon. Owen Baya.
Thank you, Hon. Temporary Speaker. I appreciate the efforts being made to push this Bill. We all support it. In that regard, I rise under Standing Order 95. The points Members wish to make can be made during consideration of subsequent Bills, including the Sovereign Wealth Fund Bill. We are proceeding to the Committee of the whole House shortly, where Members will also have an opportunity to contribute. I, therefore, request that we proceed to address these matters at the Committee stage.
Hon. Mwashako can also make his contribution in the Committee, especially since he is a Member of the Budget and Appropriations Committee.
For the avoidance of doubt, the first matter appearing under Order No. 11 for consideration in the Committee of the whole House is, indeed, the County Allocation of Revenue Bill.
Hon. Members, you know what the Standing Orders mandate. Hon. Owen Baya, standing in his place, has asked that I remit it to the decision of the House that the mover be called upon to reply.
Mover.
Thank you, Hon. Temporary Speaker. I will not say much, particularly after Members have been requested to reserve their contributions for the Committee of the whole House.
Let me thank those Members who have contributed. It is, indeed, very true that Kenyans do not see the value of the resources sent to the counties. That is the reality which all Kenyans must be aware of. I want Kenyans to know that we are sending humongous resources to the counties, which is Ksh428 billion. If there is any county where services are not being rendered, including my own, where nurses are on strike, and doctors are on the streets, I want to inform them that funds have now been sent to their counties and they should therefore, be prepared to demand services from their governors.
With those remarks, I beg to reply.
Hon. Members, I now put the Question for your decision.
Thank you. Before the next Order is called, let me give some directions on how we will proceed with the remaining business for the day.
Order, Hon. Baya! Hon. Members, we will be proceeding to Order No.10. Then, we will skip to the matter appearing under Order No.12. I am reorganising the Order Paper because of the urgency of the matter appearing as Order No.12. Thereafter, we will revert to Order No.11, I am taking into account the urgency of the matter appearing under Order No. 11 (i) and the fact that the matter appearing under Order No.12 is partly done with. I am ordering the standing down of the matter appearing under Order No.11 (iii) for the future, as and when the House Business Committee will schedule it. With that reorganisation, Clerk-at-the-Table, please, call the next Order.
The Chairperson of the Departmental Committee on Environment, Forestry and Mining.
APPROVAL OF VARIATION OF BOUNDARIES OF SPECIFIED FORESTS
Hon. Temporary Speaker, I beg to move the following Motion:
THAT, taking into consideration the findings of the Departmental Committee on Environment, Forestry and Mining in its Report on the Consideration of a Petition by the Cabinet Secretary for the Ministry of Environment, Climate Change and Forestry relating to variation of boundaries of Turbo Forest
(Manzini Area)
, Mount Elgon Forest
and Kakamega Forest
laid on the Table of the House on Wednesday, 24th June 2026, and pursuant to the provisions of Section 34
(5)
of the Forest Conservation and Management Act
(Cap. 385)
this House—
Hon. Chairperson, I can see some Members are again asking about the order of business. Hon. Millie Odhiambo and others, for clarity, we are now on Order No.10, which concerns the Petition regarding the variation of boundaries for three specified forests, which is the one being moved now.
After this, we will proceed to Order No. 12, which concerns the consideration of the Sovereign Wealth Fund Bill (National Assembly Bill No. 7 of 2026) . Then, we will revert to Order No. 11 and start with the Committee of the whole House on the County Allocation of Revenue Bill, which is very brief and has no amendments. We will then go to the Fisheries Management and Development Bill. For the convenience of the House, I have deferred consideration of the Public Participation Bill (National Assembly Bill No.44 of 2025) , at the Committee of the whole House, to a later date. So, it is out of today’s Order Paper.
You may proceed, Hon. Member.
Hon. Temporary Speaker, I beg to move the following Motion:
THAT, taking into consideration the findings of the Departmental Committee on Environment, Forestry and Mining in its Report on the Consideration of a Petition by the Cabinet Secretary for the Ministry of Environment, Climate Change and Forestry relating to variation of boundaries of Turbo Forest
(Manzini Area)
, Mount Elgon Forest
and Kakamega Forest
laid on the Table of the House on Wednesday, 24th June 2026, and pursuant to the provisions of Section 34
(5)
of the Forest Conservation and Management Act
(Cap. 385)
this House—
2. APPROVES—
Proceed, Hon. Emathe.
Hon. Temporary Speaker, I rise to second this Motion on the consideration of the Petition regarding the variation of boundaries for three specified forests. As I do so, allow me to add my voice to the matter. I thank the Chairperson of the Committee for ensuring that this matter was expedited. This is a matter of restoring dignity to our people. It is a matter of ensuring that we reduce homelessness and the squatter system of settlement in Kenya. We are considering a historic Motion, one that has never been undertaken in this country before. This is the first time such a Motion has come before the House. We want to thank the Kenya Forest Service (KFS) for ensuring that this matter was brought to the attention of our Committee.
This matter dates back to 1939, particularly regarding the resettlement of the Elgonyi Ndorobo community. There was also a matter in the 1960s concerning the resettlement of workers from the East African Tanning and Extract Company and another company, West Kenya. Those workers needed to be resettled in the Turbo or Manzini Forest area. Another matter arose in 1992 involving compensation and the relocation of people from their original homes and neighbourhoods to areas known as Shiru and Shaviringa.
As we discuss these matters, I support the proposal to de-gazette these areas for the following reasons: First, as we observed during our visits, these areas are fully occupied. There are permanent settlements in these areas. Second, there are government projects, schools, water facilities, hospitals, and even administrative offices located there. In addition, there are various government installations within these areas. Considering when this matter began, it would be unfair to continue denying these people title deeds. Third, because they do not have titles, these people have been unable to construct decent housing. They have also been unable to access financial services for all these years. Issuing titles to these people will ignite and accelerate development in these areas and across our country generally, even as we consider moving everyone to Singapore. This move is in tandem with our mantra, as Parliament, of working for the welfare of society and the just governance of the people.
With those remarks, I second.
Hon. Members, I now give you a chance to make some comments. I will start with Hon. (Dr) Pukose.
On a point of order, Hon. Temporary Speaker.
What is out of order?
Hon. Temporary Speaker, under Standing Order 1, we have an obligation to only proceed with matters that are constitutional. I rise under that particular Standing Order to draw the attention of the House to Article 119 of the Constitution of Kenya, which provides that every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend, or repeal any legislation, as read together with Article 260, where the term ‘person’ is defined to include a company, an association, or other body of persons, whether incorporated or unincorporated. I also bring to the attention of the House Standing Order 219, which clearly states:
For purposes of this Part other than Standing Order 230
, a petition means a written prayer to the House under Article 37 or 119 of the Constitution
by a member of the public requesting the House to consider any matter within its authority, as contemplated in Articles 94 and 95 of the Constitution, including enacting, amending or repealing any legislation. It is the first time that a department of the government is making a Petition to this House, which the Constitution and our Standing Orders do not allow. Therefore, we cannot entertain the Petition. It is unconstitutional and illegal. The first issue we must get around, is whether a government department, under our Standing Orders and the Constitution of Kenya can legitimately present a Petition to this House. My affirmative answer to that question is “No, it is not allowed.” Therefore, we cannot even consider it under our Standing Orders.
Hon. Temporary Speaker, I request that a substantive ruling be made on the matter. Thank you.
Let us hear the Leader of the Majority Party, Hon. Ichung’wah.
Hon. Temporary Speaker, I was keenly listening to the Member for Suba South to hear what is unconstitutional. There is nothing I heard him say that is unconstitutional. The Petition is properly before the House.
Order, Hon. Caroli. You raised your point of order, and I allowed you to speak. I have the ability to give any other person a chance to air their opinion.
Leader of the Majority Party, you may proceed.
Thank you, Hon. Temporary Speaker. I do not know who told the Member for Suba South that he has a monopoly on knowledge and that when he speaks, we should all align and say, “Yes, Sir.” That can only happen in your house, not in this House. This House considers petitions, and this is not the first time we have considered one. This Petition was submitted by members of the public and directed to the relevant Ministry. The Ministry did not have the constitutional authority given to this House to handle the matter. So, the Petition was relayed to the House through the Office of the Speaker, who, if he knew it was unconstitutional, would never have allowed it to be considered by the Committee. Therefore, unless Hon. Caroli Omondi is questioning the decision of the substantive Speaker...
Hon. Temporary Speaker, you need to protect me from the heckling from Hon. Caroli Omondi. I do not know what has happened to him of late. He sits in his place and only heckles. Maybe it has to do with the company he keeps nowadays. As you age, we expect you to do so gracefully, with a bit of wisdom, and allow the young stars to shout. Hon. Caroli is older than I am. He claimed that he owned many things in this town while I was in school. I have since established that some of the claims were not true. I ask him to relax. Stop heckling. You have had your say, and we have heard you. We are now debating and contributing to what you have asked the Speaker to consider. The Speaker cannot just consider what you have said unless you wish to inform the country that you have a monopoly on knowledge and that what you say must be the case.
The people of Suba South should know that even though Hon. Caroli Omondi is a lawyer, he has no monopoly on knowledge. This is a House of debate, and therefore, we must allow debate. We were all quiet, listening to you while you spoke. You must also have the patience to listen to us. The petitioners…
(Hon. David Mwalika spoke off-the-record) Hon. Temporary Speaker, tell Hon. Mboni not to invite what he is inviting, because he knows the things that I can say.
I did not hear anything he said. You may proceed.
Hon. Mboni is a great Member of the Departmental Committee on Finance and National Planning. He is also very disciplined. I like him because he is diligent in his work as a Member of that Committee. Last week, we all saw that he had read and understood the provisions of the Finance Bill, unlike other Members who were just shouting from their seats, opposing some clauses.
As I was saying, this Petition is properly before the House. The substantive Speaker considered it when it was sent to his office. The public are laymen, like many of us. They are not lawyers and may not know that a Ministry does not have the constitutional mandate to consider such a petition. They petition the relevant Ministry, which then considers the issues. If the Ministry cannot resolve it without the input of the National Assembly, the matter is referred to this House. That is how this Petition found itself here. The substantive Speaker considered it, presented it to the House and committed it to the relevant departmental committee chaired by Hon. Kawaya, the Member for Mwala.
When this Petition was presented here, pursuant to Section 44 of the Forest Conservation Management Act, the relevant Departmental Committee considered it and tabled a report. We should now be in Second Reading, debating the substance of this Petition. We should also be asking ourselves whether these people who have suffered many years of injustice warrant to remain landless in this country, which has, for 63 years, claimed to be independent.
Hon. Caroli Omondi, many people went to the forest, let alone the fake Mau Mau fighters you hear inciting everybody to go and burn other people’s properties. They are not the real Mau Mau fighters. The real Mau Mau fighters went to the forest to fight for land, and people lost their lives. Blood was shed. That is why we were taught in primary school about the colours of the National Flag. We were taught that red stands for the blood shed by many Kenyans who sacrificed their lives so that we could get back our land as a primary factor of production.
It would be very unfair for the government not to accommodate the people of Kakamega who gave up their ancestral land for the construction of learning institutions and government offices on the promise that they would be settled elsewhere - Some of whom have since been settled in parts of that forest - and tell them, “You gave your land voluntarily, you can go to hell.” We cannot do that. We must be responsible leaders who consider such petitioners and appreciate that there are Kenyans who deserve to be heard.
Hon. Temporary Speaker, I have moved to the debate on this matter because I thought…
Order! Hon. Ichung’wah, take
consideration by the House. Therefore, the Petition was properly processed. It was relayed to the relevant departmental committee for consideration. Subsequently, Members of the Committee visited the ground. They must have done public participation by engaging the communities, and now we are here discussing the report. I would like this debate to continue.
Secondly, for your information, I have been the Chair of the Departmental Committee on Lands for five years, and this is not the first time a Petition of this nature has been brought to the House. Previously, this House processed a Petition concerning some land in Kamiti and ruled that the place be de-gazetted and occupied by community members. Based on my experience, I believe you are wrong to say this is the first time a matter like this has been brought to the House. For that reason, I would like people to continue with the debate.
I have given the Floor to Hon. (Dr) Pukose to proceed.
Thank you, Hon. Temporary Speaker. Hon. Caroli, the presiding Speaker, has ruled on the matter. Please, allow the debate to proceed.
Hon. Temporary Speaker, thank you for that ruling. This Petition was filed by a community, and I happen to come from that part of the country. Chebyuk Phases II and III in Hon. Kapondi’s Mt. Elgon Constituency. This matter has been pending for a long time. If you go to Chebyuk, you will find that the area is already occupied. It is not a forest. People have already settled there.
You will recall that this is not the first time this Petition has come to the House. It was brought to the House during the last Parliament. Among the related cases were those concerning the former Sorenson Farm in Makunga, Saboti, Kitalale Phases I, II and III. People in the former Smith Farm and Mochongoi in Baringo brought similar petitions. These are lands that are already occupied. If you look at some of those areas, you will find that people were displaced either because of historical injustices, as a result of the eviction of people who were living in the forests, or the displacement of people during post-election clashes. Many of these people have lived in those areas under constant threat from forest rangers.
As we speak, people living in the former Sorenson Farm have no peace because every year, they face uncertainty, yet that area is not a forest. The land in that area has an Internal Reference Number and a Land Reference Number. It was a white man's land, and the community members came together and purchased it. The Ministry of Lands, Public Works, Housing and Urban Development entered into a transaction with the community, and the community was allocated that land. Unfortunately, in January 2013, there was a transition in government. The Minister, by then, one Noah Wekesa, illegally gazetted some of those lands to unjustifiably have the communities living there evicted. As a result, the people continued to suffer until this day. Therefore, such a petition did not come out of the blue. It comes from the suffering and frustration those people have undergone. Their houses were destroyed, and some family members ended up being killed.
I thank the Departmental Committee on Environment, Forestry and Mining, led by Hon. (Eng.) Vincent Musyoka AKA Kawaya, for carrying out public participation within those areas. We are aware that this Petition was forwarded by the Cabinet Secretary. The Cabinet Secretary did not sit on that Petition. She handled the Petition diligently and ensured that it reached the Speaker, who presented it to this House. Further, the House processed it properly. Therefore, any attempt to derail it is an attempt…
I think my colleague is in Linda Mama or Linda whatever. If you are ‘lindaring’ mwananchi, the people we are talking about are wananchi who are suffering, and they deserve to be lindwad like any other mwananchi.
Hon. (Dr) Pukose, what is ‘lindad’?
Hon. Temporary Speaker, Hon. Caroli is a member of the ‘linda mama’ or ‘linda something’ group. He is not listening, but they normally call themselves something like that. It is very unfortunate that you have selective ‘linda’.
Hon. Temporary Speaker, linda is a Swahili word for protecting. When we say we are protecting the people, we must ensure their rights are not violated but protected. They should have access to land, which is very central to their livelihood. The land issue is very emotive in this country. Land should be protected. I am happy that the Departmental Committee on Environment, Forestry and Mining went to Chebyuk, listened to the people and saw what is happening to their schools, houses and permanent residences. There are government institutions within those areas. This process is intended to regularise their settlement.
With those few remarks, I support.
Thank you very much. Before we listen to the Leader of the Majority Party, for the benefit of Hon. Caroli Omondi, if he is listening, I have obtained a copy of the Forest Conservation and Management Act (Cap. 385) .
Hon. Caroli Omondi is not listening, but I will read out the relevant law for the record. Section 34 of the Forest Conservation and Management Act reads as follows:
Hon. Temporary Speaker, you are very right. I was going through the same Act as you were reading it out. The Forest Conservation and Management Act (Cap. 385) , Section 34, is what should guide such a Petition. This Petition came to the House pursuant to the provisions of this Section of the Act. If anything were unconstitutional, then it would be this Statute, which was enacted by Members of this House years ago. As you have rightly said, any person may petition the National Assembly for the variation of boundaries or even the revocation of the registration of a public forest or a portion of a public forest. Therefore, the petitioners were right because any one of them could have done it. They did not need to do it as a group.
Hon. Temporary Speaker, secondly, it is what you have pointed out in the Act. Section 34(2A) of the Forest Conservation and Management Act provides that a petition under subsection (1) shall only be forwarded to the National Assembly on the recommendation of the Kenya Forest Service (KFS), which falls under the Ministry of Environment and Forestry. Section 34(3) of the Act states that a petition made under subsection (1) shall be considered in accordance with the provisions of the Petitions to Parliament (Procedure) Act and the Standing Orders of the National Assembly. That is what the Committee has done.
Section 34(4) of the Act, which you have alluded to, provides that the Cabinet Secretary shall, within thirty days of the petition being committed to the relevant committee, submit a recommendation on whether the petition should be approved, subject to the petition being subjected to an independent Environmental Impact Assessment, and public consultation being undertaken, in accordance with the Second Schedule.
Did the Cabinet Secretary conform to these provisions? Yes, he did. As the Chairperson has alluded, the Ministry submitted its recommendations in accordance with the provisions of Section 34(4) of the Act. What is made subjective by that subsection (4) is the petition being subjected to an independent Environmental Impact Assessment, which the Committee's report applies to.
The other requirement is to undertake public consultation in accordance with the Second Schedule. This is in line with what we were debating two weeks ago regarding public participation. This is a mandatory constitutional requirement. The Act provides that public consultation must be undertaken in accordance with the Second Schedule, and this was done.
I will go into the substance of what the petitioners said. For those who know Manzini, as Hon. Chairperson had alluded to, it is a town. There is no forest there. It is a town where people have settled. You will recall that during the 11th Parliament, this House considered such a Petition from the people of Kamiti/Anmer. The presiding Speaker was then the Chairperson of the Departmental Committee on Lands in this House. You submitted a Report to the House, which was adopted.
Give the Leader of the Majority Party one minute, please.
Hon. Temporary Speaker, I was concluding by saying that the people of Kakamega have the same rights as other Kenyans. We must protect them. The people of Uasin Gishu in Manzini also have the right to own land and to have a roof over their heads. They should live decent livelihoods like Kikuyus and people from Suba South. We must live in a country where we feel each other's pain. When the people of Western Kenya live in pain, I must feel it. Someone from Suba South must feel the pain of
the people of Western Kenya, specifically those in Kakamega, who are living without shelter today. We must also feel the pain of the people of Manzini, who cannot take bank loans today because they do not have titled deeds. I associate myself with the Committee and fully support the Report.
With those remarks, I support the Motion.
Proceed, Hon. Janet Sitenei.
Thank you, Hon. Temporary Speaker, for giving me an opportunity to add my voice to this debate. I come from Manzini. I thank the Committee for burning the midnight oil and for visiting that area to confirm that the residents there have been living there since the early 1990s. They have been there for over 30 years. I thank the Cabinet Secretary for taking up the matter and forwarding the Petition to this House for approval to regularise the settlements in Manzini, Chebyuk and in other areas.
We also have similar petitions on the regularisation of settlements like Chepkumia, which will come later. I know that there are quite a number of petitions under this issue. Manzini covers an area of 1,241.5 hectares. It was surveyed and designated as LR No. 11945 for settlement planning and regularisation. It was established in the early 1990s to settle squatters and other landless people. As we speak, it holds over 30,000 people, who have been living there for many years. The area hosts over 15 primary and secondary schools. Manzini Settlement also hosts over 30 churches. There is also a sub-county office established in the area. I thank the Committee for burning the midnight oil to ensure that the settlements in that area are regularised.
Hon. Temporary Speaker, the people of Manzini have faced socio-economic challenges for over 30 years because of the absence of this regularisation. They had no collateral and therefore could not engage in any socio-economic activity or even develop that area. This will give them an opportunity to settle properly and engage in economic activities by acquiring collateral. These people have suffered for a long time. Thirty years is not a short time for a landless person without collateral to engage in economic activities. Many of them have had families that have grown exponentially for 30 years, while some have even subdivided the land. Some of those who acquired the land in the early 1990s have passed on. Therefore, this Motion has come at the right time to settle those squatters so that they can also live like other Kenyans—engage in economic activities, develop their areas, grow cash crops and earn a reasonable income to grow the economy just like other residents of this country. I support the idea of ensuring that other areas with similar challenges are considered in future so that all landless people can be settled.
I once again thank the Committee for visiting the area to establish that people have informally settled there. Not a single indigenous tree exists there apart from trees planted by the residents of the Manzini area when they settled there. This Petition was here even during the last Parliament. I still remember it was brought to the House, but because the Environmental Impact Assessment License (EIA) had expired, it was stepped down.
With those remarks, I support the Motion.
Let me hear from Hon. Wangwe to represent a voice from Kakamega.
Thank you, Hon. Temporary Speaker. I confirm that I come from Kakamega County, Navakholo Sub-County. At the outset, allow me to appreciate Hon. Kawaya, the Chairperson of the Departmental Committee, for this very good Motion he has brought to the House. I support it, but I would like to suggest something. This is a wonderful position with two questions. Are there trees on that land? The answer is no. Is there a settlement on that land? The answer is yes. There are people. Kenyans live there, but without title deeds. They have nothing to present; should you call upon them to say what they own? We have to formalise the ownership. We should give Kenyans title deeds for the
land they own. Most of the land is not owned by individuals. There are institutions like schools, hospitals, churches and administrative units.
I would like to take another direction to address the issue of Turbo. My good neighbour here, Hon. Nabii Nabwera, is a very responsible Member of Parliament. I applaud him for the efforts he has made.
On a point of order, Hon. Temporary Speaker.
Order, Hon. Hon. Wangwe. I have a point of order from the Member for Kericho, Hon. Kemei. What is out of order?
Thank you, Hon. Temporary Speaker. Having listened to the Members, I rise under Standing Order 95 to request that the Mover be called upon to reply. It seems like all Members support the Motion.
Thank you, Hon. Temporary Speaker.
I will put that motion to the test. Let us allow Hon. Wangwe to conclude his contribution.
You have a balance of three minutes, Hon. Wangwe.
Thank you, Hon. Temporary Speaker. Without usurping your powers, ending the debate on this Motion without hearing the voice of the representative of the people of Lugari, who is the custodian of our forests, will not be fair to him. The Chairperson of the Committee should take possession of the people of Lugari’s request, especially the Mautuma Settlement Scheme, in 1992. The Member for Lugari is here. If you give him a chance, he will say the same. The Mautuma Settlement Scheme was given to the people of Lugari in 1992. That is 34 years ago. Those people live as squatters. We have several schools which the Member can count for us. We have several churches and administrative units. There is no forest in Mautuma today. I implore my colleague Hon. Kawaya that, should our Petition land on his desk, he should bring it to us expeditiously so that we can approve it in a similar way, so that the people of Mautuma can also enjoy the right to land ownership.
Why do I speak about the Mautuma Settlement Scheme? My people from Navakholo and those of Lugari are neighbours. Some have suffered the same fate. When I join my colleague Hon. Nabii, we will push the common interest of our people. I would like to reiterate the earlier debate in which a Member sought to gag the House. Standing Order 95 is obsolete. Nothing stops this House from resolving any issue, even when obstacles say otherwise. We have the right to resolve and discuss issues. Therefore, the Petition is rightfully before us.
With those remarks, I support the Motion.
Thank you, Member for Navakholo. Hon. Members, I will give a chance to Hon. Nabwera Nabii.
Thank you, Hon. Temporary Speaker. Turbo Forest is partly in Uasin Gishu and partly in Kakamega. Half of the forest is in my constituency, Lugari. On 7th June 1992, the Head of State then, His Excellency President Daniel Toroitich arap Moi, using the powers given to him by the defunct Constitution, as the trustee of public land in Kenya, gave land to the people of Manzini and Mautuma in Lugari Constituency. For 32 years, the people of Manzini have been living as squatters simply because the authorities have not changed the land's ownership from forest land to people’s land so that people could be issued titles. The same fate befell the people of Lugari.
The people of Chebyuk have suffered for many years. The people of Shivinga and Shiru in Kakamega County have suffered the same fate. As we debate this issue and support the Motion, I request the Chair to process the petition of the people of Mautuma Central, which houses seven primary schools, two secondary schools, a mini stadium, a Kenya Medical Training College (KMTC) , two market centres, a township and 27 churches.
Hon. Temporary Speaker, one of the issues that the broad-based government promised the people of Kenya was to treat people equitably. On that basis, I support this Petition and request that the Chairman of the Committee review all petitions to ensure that people are treated equally before the next election.
With those remarks, I support.
Next is Hon. Kapondi.
Hon. Temporary Speaker, thank you for giving me an opportunity to add my voice to this debate. This debate would not have been concluded without the voice of Mt. Elgon. This is a historical issue. It is about historical injustices that need to be addressed. To put the matter in historical context, the people who resided in Kitale before the colonialists arrived were displaced in seven different directions. There were those who left for Uganda. Others left for West Pokot, and the rest left for Narok. The Elgoji-Dorobo were displaced to what is currently known as Chepkitale.
The reason this is a historical issue is that since 1971, when this settlement was created, the Government of Kenya has not de-gazetted the land. It was partially done in 1989, which considered only Phase 1. Phases II and III have, to date, remained an eyesore. One reason why Mt. Elgon is what it is, in terms of failure to realise the necessary development, is that Chebyuk remains an integral part of Mt. Elgon. It has remained an eyesore. Without resolving the issues of Chepyuk Phases II and III, the entire Mt. Elgon region has faced extended conflicts. I wish my friend Hon. Caroli Omondi were present when the Departmental Committee on Environment, Forestry and Mining went for public participation. There is absolutely no forest in that area. People have settled there, and there is infrastructure. Due to the protracted delays in degazetting that former forest land, people have been living like birds.
After successive governments tried and failed to ensure that people got their rightful share, the current government did so courageously. I want to applaud our President for taking the lead. I want to applaud this Committee. I urge my colleagues to do justice to the people of Chepyuk, Manzini and Shaviringa by giving them title deeds, so that they can also live like other Kenyans. Otherwise, my friend, Hon. Caroli, nobody doubts your intellect as one of the finest lawyers in this country, but also has a heart and goes through the reports. During the debate on the Finance Bill, one of our colleagues talked about a non-existent clause. The report clearly indicates that 100 petitions were forwarded to the House, which the Ministry consolidated. Those petitions form the Motion before the House.
In conclusion, Kenyans in Mautuma, Kaptega and Kiboro are still suffering. They have not received their rights. As the people of Chepyuk, Manzini and Shaviringa get what is rightfully theirs, we should also consider other petitions and deal with them expeditiously.
Thank you. Member for Tharaka, you are the last one to speak on this matter.
Thank you very much, Hon. Temporary Speaker. First, I support this timely Motion as it is delivering justice to people who have suffered for quite some time. Secondly, I should have a legal discussion with Hon. Caroli Omondi because he challenged the constitutionality of the Motion on the basis of a constitutional provision which deals with constitutional petitions. We are dealing with a petition under the Forest Conservation and Management Act, which is not the only piece of legislation that contains provisions for petitions.
Thirdly, the Marriage Act contains provisions for petitions that are entirely different from public petitions under the Constitution. Finally, a Petition brought by a Cabinet Secretary is also a public petition as it is on behalf of the people, just like public funds and public lands.
Hon. Temporary Speaker, your ruling is correct. I will discuss with Hon. Caroli Omondi how constitutional petitions are brought to the House.
I support the Motion.
Hon. Members, the Member of Kericho County rose under Standing Order 95, and moved that the Mover be called upon to reply. I would like to put that motion to the test.
Hon. Kawaya Vincent Musyoka, it is time for you to reply to the debate on the Motion.
Hon. Temporary Speaker, allow me to donate one minute to Hon. Kimani Kuria, and then I will reply in one minute.
No, you cannot donate part of your time when you are called upon to reply as per Standing Order 95. I know you want to be kind to your colleague, but the Standing Orders do not allow it.
Just go ahead and reply.
Thank you, Hon. Temporary Speaker. I appreciate Members for the support they have given to the Motion. We should never make it a habit to trivialise everything, especially on the basis of small issues for which the law knows no cure. For this particular matter, the most important thing is the content. It is important to note that the people of Shaviringa donated their own land to the government. They have been frustrated for years after donating land they owned. This is not the government donating land to them. They surrendered their own land for the development of public institutions. They have been frustrated over the years because the government, for instance, in this particular case, wanted to build public facilities on the land where people were settled. It is only right that, the government, having taken their property, we settle these people and give them the relevant documents.
The matter of other petitions and other pending similar matters has also been raised. Let me also say that during the consideration of this particular Petition, which is a fairly emotive matter, it became apparent that many similar petitions remain to be considered. We have been in discussions with the relevant stakeholders to expedite the consideration of the other petitions so that other Kenyans can also benefit. For instance, the Mautuma case just mentioned ought to have been considered alongside the Manzini case, as it concerns the same area. We regret the omission, but we will expedite it as soon as the Petition comes to the House.
The Forest Conservation and Management Act, as it is, clearly sets out the procedures for de-gazettement of any public land. That matter, together with other petitions, some of which have already been considered by the Cabinet, will be expedited as soon as they are brought to the Committee by the House.
With those many remarks, I reply.
THE SOVEREIGN WEALTH FUND
Chairman of the Budget and Appropriations Committee, I have heard you, but we are proceeding as per the re-organisation of the Order Paper by the Speaker. Proceed, Leader of the Majority Party.
Hon. Temporary Speaker, I beg to move that the Sovereign Wealth Fund Bill (National Assembly Bill No. 7 of 2026) be now read a Second Time.
Hon. Temporary Speaker, allow me to, first, thank the Chair and the Members of the Departmental Committee on Finance and National Planning for subjecting this Bill to public participation last month, when many of us were on recess. The Departmental Committee spent a lot of time considering this Bill and taking it to the public for public participation. The Committee, having conducted extensive public participation, received memoranda from at least 12 key institutional stakeholders and held physical hearings across the many counties it visited as it considered the Finance Bill.
Those of us who had time to go through the Committee’s Report must have noted that the National Treasury raised concerns about excessive financial exposure, leading the Committee to strictly prohibit investments in high-risk speculative derivatives, unlisted real estate, and private equity. Those who have looked at the Bill know that these are indeed issues the Bill has pointed out.
There are also issues that the Controller of Budget warned against—a parallel financial architecture resulting in committee revisions to at least three clauses—Clauses 11, 14 and 17— making written authorisation from the Controller of Budget mandatory for all fund withdrawals. Any withdrawals from this Fund must now get authorisation from the Controller of Budget.
The Office of the Auditor-General also flagged the issue of a lack of transition triggers for resource depletion, prompting the Committee to require a pre-approved structure depletion strategy plan to safeguard long-term savings. Many of the issues raised during stakeholder engagement are contained in the Report and were also raised by other persons who appeared before the Committee. Therefore, let me not belabour those issues, as I am certain that the Chairperson of the Departmental Committee on Finance and National Planning, who was actively involved in the public participation process, will address some of them. That is to say, Hon. Temporary Speaker, that the Bill will be informed by stakeholder engagement and public participation through amendments when we get to the Committee of the whole House.
This is a very important Bill in the new financial architecture of our country. I speak of a new way of thinking and a new financial architecture because, when we went to the people three years ago to seek their votes, we promised Kenyans that we would re-engineer the management of public resources. We also promised to ensure that we do not overburden them with taxation. We can only do that if we take care of our resources, including our natural resources and utilise them for the benefit of the present and future generations. We cannot achieve this without a financial architecture, an institutional framework, and a legal framework that guarantees the people of Kenya that we shall safeguard the resources, now and in the future. The resources that we have today should not be utilised and depleted within one or two generations. Our children's children and their grandchildren should also benefit from resources that belong to our country.
Before Independence, many people came to Africa, including our colonial masters. They extracted raw materials from the agricultural sector, minerals, and other natural resources. They used those resources to grow their economies back home and left many African nations in squalor and abject poverty. We must remain at the forefront as a strong nation in this region. I must thank the President because he has been at the forefront of advocating for a fairer global financial architecture. Many countries in the Global South have suffered for years under an unjust financial architecture. Part of that endeavour must begin here at home. That is what informs the Government’s policy position on the establishment of several new things. We began with the National Infrastructure Fund. I thank this House because that Fund is now a reality. Hon. Temporary Speaker, Hon. Caroli Omondi was just asking me to thank him because we have now secured a few additional billions of shillings from Safaricom. I am glad that there is now an appreciation that certain things being done by this Administration are in the best interests of our country and our people.
I speak about the National Infrastructure Fund because it is related to the Fund that we seek to establish through this Bill. This Bill seeks to establish the Kenya Sovereign Wealth Fund as a structured financial instrument designed to safeguard our long-term economic stability and ensure that the benefits of our natural resources are preserved for both present and future generations.
The proposed Fund seeks to achieve several objectives. These include providing the Government with a buffer against fluctuations in resource revenues and extraordinary shocks. We live in a time when our economy and macro-economic stability are suffering from external and extraordinary shocks. The war in the Middle East is one such occurrence over which we have no control, yet it affects our macroeconomic stability. As the Member for Dagoretti South has said, COVID-19 was another extraordinary shock that affected our macroeconomic stability. At that time, we did not have an adequate buffer. Therefore, we seek to have a buffer in case we have a pandemic like COVID-19, war, and the riots that you see every now and then, instigated by clueless, rudderless, and visionless politicians. Those are also shocks to the economy that affect our revenue mobilisation and resources. Should we have occurrences, we must always have a buffer. This is one of the objectives of the Bill.
Second, the Bill also seeks to provide financing for strategic infrastructure investment priorities that will foster inclusive economic growth and development. It will transcend one generation. It also seeks to provide financing for such commercially viable strategic infrastructure investments. Therefore, no funds will be drawn from the Sovereign Wealth Fund for investments that are not commercially viable.
For instance, the commercial viability of our new Jomo Kenyatta International Airport (JKIA) is something that we have spoken about for donkey years. Although we know it is a commercially viable investment for our country, we do not have the immediate resources to construct it. If we had developed the Sovereign Wealth Fund years ago, we would probably have resources that we could borrow from, invest in a commercially viable investment that will help grow our economy, and repay the money. That way, we benefit future generations.
The third objective of the Bill is to build a savings base for future generations. I did not mention that this Fund will draw its revenue or funds from our mineral and oil resources: the upstream extraction of our natural resources. The money will come from our minerals and oil extraction in Turkana and, probably, other areas where we may find oil. There are minerals in Kitui. The Member for Kitui Central, Hon. Makali Mulu, will tell you that many people of Kitui suffer today because of a lack of water. They have very fertile land. Because they lack irrigation water, they sometimes suffer from hunger. They sometimes depend on relief food from the Government. Hon. Makali Mulu comes from Kitui Central in Kenya. He will tell you that this land is very rich in mineral resources. However, they are exploited by foreigners
because they have the capital to extract them. They leave the people of Kitui, today and in future, living in abject poverty.
When you extract minerals from Kitui, part of the money shared with the national Government will go into this Fund to benefit the people of Kitui now and in the future. That even a hundred years from today, children of Kitui, the great-grandchildren of Hon. Makali Mulu, will benefit from resources that were extracted by their great-grandfathers. Therefore, the third objective of this Fund is to ensure that we do what we have done with the National Social Security Fund (NSSF). That is why I said many of these things are intertwined.
Remember, we spoke here about the need for a savings culture in this country. We even moved amendments to the NSSF Bill in the last Parliament. We cannot tell people to save yet, as a country, we are not doing it. Therefore, we are institutionalising a savings culture in this Bill. We should not deplete our mineral and oil resources in the country, leave nothing for future generations, or create a buffer to run to whenever we face macroeconomic shocks brought about by war, COVID-19, or any other shock to our economy. They come at the worst times. Remember, we had the COVID-19 pandemic, and then the war started in the Middle East when nobody expected it.
A few months ago, political scavengers were inciting Kenyans, telling them that President William Ruto and this Government were responsible for rising fuel prices. They never told Kenyans that fuel prices in this country are actually lower than in many developed and oil-producing countries. Global economic shocks will always exist. When they occur, we need a buffer we can rely on. This Fund comprises three distinct components.
The first is what is referred to as the Uriithi, or the Heritage Component, which preserves wealth for future generations through long-term investments. The second is the Stabilisation Component, which I mentioned earlier. This component cushions our economy during periods of declining resource revenues or external economic shocks, such as war or the Ebola epidemic. When such events occur, and we are hit by economic shocks that drive up inflation, we need a buffer that we can fall back on. That is the purpose of the Stabilisation Component. The third is the Strategic Infrastructure Investment Component. This is what I was alluding to when I said we should have a fund from which to draw resources to invest in commercially viable projects that will help our economy grow.
This is a very important Bill for our country. Members will note from its provisions and from some of the safeguards highlighted by the Committee that, before any funds are withdrawn, the Controller of Budget must have oversight and visibility into such withdrawals. Additionally, no one will be allowed to use these funds as collateral for borrowing by a National Government entity, a State corporation, a county government entity, a county corporation or any other legal or natural person. Therefore, those who have reviewed the Bill will see that the only thing that can happen within the Fund is that any surplus resources may be used to liquidate or reduce public debt.
We have spoken at length and very loudly about public debt, yet many people talk about it without taking any action to address it. You heard some Members last week pontificating about how we are getting ourselves into debt. However, they never offer alternative ideas for dealing with public debt. The reality is that the best approach to public debt is prudent management. Whether you look at Japan, the United States, or the United Kingdom, where the Prime Minister has just resigned, you realise that there is no country that is not confronted by the challenge of public debt. Even as individuals, we deal with debt on a daily basis. What we must be certain about, both as a country and as individuals, is our capacity and ability to repay our debt.
Leader of the Majority Party, just to fill you in, it is unfortunate that those Members are not here to contribute to this important debate and provide solutions to the issue of public debt.
Hon. Temporary Speaker, it is, indeed, unfortunate. As you know, some of those who were pontificating here and shouting the loudest the other week even claimed that they had appeared before the Departmental Committee on Finance and National Planning and would be proposing amendments during the Committee of the whole House. However, when the Committee of the whole House proceeded, they were nowhere to be seen. They simply disappeared. As I have said before, all they seek to do is come during debate at the Second Reading, speak to the gallery, cut clips for circulation on TikTok and portray themselves as heroes. You are just a villain. You cannot become a hero by merely appearing in Parliament to speak to the gallery and then doing nothing. In fact, you do not even believe in the things you are saying.
On a point of order, Hon. Temporary Speaker.
What is out of order, Hon. Gitonga John?
Hon. Temporary Speaker, is the Leader of the Majority Party in order…
Ensure that you mention the Standing Order that you are rising on.
Is the Leader of the Majority Party… Order, Hon. Temporary Speaker.
You cannot order me. I order you to state the Standing Order on which you are rising and then explain what is out of order.
Hon. Temporary Speaker, I have seen you allow many Members to raise points of order without asking them to state a particular Standing Order. That is not right.
I am now asking you to state what is out of order and under which Standing Order you are rising. If nothing is out of order, just take your seat. Proceed, Leader of the Majority Party.
Thank you, Hon. Temporary Speaker. Forgive the Member for Manyatta. He is serving his first term and has not yet familiarised himself with the Standing Orders. You and other Speakers have directed that when a Member seeks to interject on a point of order, they must know the provisions of the Standing Orders. I invite the Member for Manyatta to read the Standing Orders. He should not be one of those Members who do not read. You heard a Member talk about a non-existent Clause 169 of a Bill he had not read, yet he was busy pontificating.
I thank Kenyans for calling out intellectual conmen and masters of political deceit. They should continue doing so. If I ever become an intellectual conman or a master of political deceit, Kenyans should call me out as well. Thank you for calling out the masters of political deceit and intellectual con men who pontificate on economic matters yet fail to take action. During the debate on the Finance Bill, many Members rose to oppose various clauses. When challenged to show the provisions in the Bill, they could not. They knew those provisions did not exist.
I thank Kenyans because…
For Hon. Gitonga’s benefit,
Thank you, Hon. Temporary Speaker, for guiding the young Member for Manyatta. I will also help him. In fact, the gadgets in front of us contain digital copies of the Standing Orders.
On a point of order, Hon. Temporary Speaker.
I will be fair to you, Hon. Mukunji. Which Standing Order are you rising on? Order, Leader of the Majority Party. Let me hear him.
Hon. Temporary Speaker, I rise under Standing Order 105. Is the Leader of the Majority Party in order? Members can read the Standing Order.
Can you stop correcting his language? Just stop correcting him. Please, proceed.
Thank you very much, Hon. Temporary Speaker. Protect me from these Members. I do not want to lose my train of thought. I want the Leader of the Majority Party to clarify….
Did you say Standing Order 105?
Yes.
The Leader of the Majority Party, allow him to read Standing Order 105.
Hon. Temporary Speaker, my gadget is reading a different clause.
Hon. Gitonga Mukunji, you are completely out of order. Take your seat.
The Leader of the Majority Party, please, conclude your remarks.
Hon. Temporary Speaker, let us forgive the Member for Manyata. Standing Order 105 speaks of Members remaining in their places until the Speaker has left the Chamber.
reached our country, to ensure we were safe. They went telling people that Ebola was being brought to Laikipia. Shame on you, because every administration must be allowed to protect the people of Kenya. Any Government, whether this Government or any other, works for the people and protects the lives and property of Kenyans.
When these political scavengers discovered that Ebola was dwindling in the Congo and might not find its way into Kenya, as they had hoped and prayed, because I am sure they were hoping that Ebola would find its way here so that they could use it as an agenda, they moved on. They have been told they have no agenda, no vision, and many other things they are said not to have. They continue to demonstrate that those observations are true. They do not have those things they are told they do not have.
They never got tired. They attempted to scavenge on the Finance Bill 2026. Unfortunately, one of them went out and claimed that we were converting all freehold land into leasehold land and taxing Kenyans on their land. When we challenged him, he disappeared and never spoke about it again. Another one, the master of violence, claimed that we were increasing the rental income tax for Kenyans and further claimed that only people from his community are landlords. I am a landlord, so is the Member for Kitui Rural, Hon. Mboni. Hon. Mboni is my neighbour in Embakasi, where we are both landlords, although he collects more rent than I do. Yet while the Finance Bill was protecting tenants, someone was claiming we were increasing the rental income tax.
I am glad that, yesterday, none other than the President himself set the record straight on the provisions of the Finance Bill. These political scavengers have been left in shame. I know they were praying for a trigger on 25th June. I am sorry they did not find it in Ebola. They did not find it in the Finance Bill either. I now hear one of them claiming that this-and- that leaders are the ones organising these matters. Kenyans are not foolish.
Hon. Temporary Speaker, are we the first country in the world to establish such a Sovereign Wealth Fund? We are not. In the Gulf region, which I referred to when discussing economic shocks, if you go to the United Arab Emirates, a country many of you frequent, the Abu Dhabi Investment Authority (ADIA) manages at least US$1 trillion, that is, approximately Ksh130 trillion. You can imagine how many years of our national Budget that represents. With a Budget of Ksh4.8 trillion, the Abu Dhabi Investment Authority is managing US$1 trillion, largely drawn from oil revenues. That is what we seek to do.
As we have been told, it is possible within our lifetime not only to move this country from a developing nation to a developed nation, but also to enact progressive laws that will enable it to manage trillions of dollars, or trillions of shillings, through a sovereign wealth fund. Such a fund will guarantee future generations a secure nation. We will remember that in our time, we did not merely read Bills the way we continue to invite some people to read Bills and Standing Orders. We will also remember that we utilised our intellect to safeguard our resources for our own benefit and for the benefit of future generations. The people of Manyatta, just like the people of Kikuyu, expect Hon. Mukunji and me to legislate on their behalf and in their best interest. This is one such Bill that I look forward to all of us supporting because it speaks to the issues that we all pontificate about in rallies out there. I invite us all to help grow this economy, safeguard the future of our children and their children, address macroeconomic shocks, and support this country in pursuing commercially viable investments that can utilise such a Fund.
Just to give you another example, in Norway, the Government Pension Fund Global invests its revenues generated from petroleum resources. Today, it is the world's largest sovereign wealth fund, managing assets exceeding US$2 trillion and investing globally in companies. Very soon, our nation will be investing globally. In fact, those who have read this Bill will see that it speaks to that. That is why we are avoiding the roots of speculative
derivatives and investments, so we can invest globally where we get the highest returns to grow our economy and secure it for future generations.
Hon. Temporary Speaker, let me not speak about the governance and administration of this Fund, as they are clearly spelt out. The Bill establishes a board of directors responsible for the governance of the Fund. It is, therefore, not a Fund that will be controlled by any single person in the Government. Should this Bill pass into law and become an Act of Parliament, the board will formulate the investment policies, oversee the management of the Fund, appoint professional investment managers, and ensure compliance with the Act.
Order, Leader of the Majority Party.
What is happening with these two Members walking in? What is happening, Hon. Kaluma and Hon Rozaah Buyu?
They are walking down the aisle.
The way you are walking into the House is completely unparliamentary, and it is out of order. You are lucky that you are sitting on the same side of the House.
Hon. Temporary Speaker, I think it is because Hon. Peter Kaluma's tie, the Member of Homa Bay, matches very well with the beautiful dress of the Member from Kisumu, Hon. Rozaah Akinyi Buyu. They are both very smart. We have noticed them.
I was saying that the Bill contains very robust accountability mechanisms. It requires annual audited financial statements, annual performance reports, audits by the Auditor- General, submission of reports to Parliament, and publication of the Fund’s financial and investment performance for public scrutiny. As I said, the Committee has further improved it to ensure that even the Controller of Budget has purview over any withdrawals and what is going on in this Fund.
The Bill also creates mechanisms to ensure that, at least three months before an election, an audit of this Fund is conducted and the Fund is frozen during the electioneering period to safeguard it from abuse. The Member for Dagoretti South will tell you what happened with Telkom in the last Parliament. People are rushing to steal from the government. Nobody will be in a rush to steal from this Fund because we are putting safeguards in law. Whenever there is a transition from one government to another, nobody will abuse their office to steal from the public. This Fund is intended to benefit us and future generations.
The accounts of this Fund will be held in the Central Bank of Kenya. Therefore, when we sell our resources and the government receives its share of revenue from minerals or our oil reserves, this money goes directly into the holding account at the Central Bank of Kenya. I do not want to be like the Members who are quoting clauses that do not exist in the Bill. The holding account is provided for in one of the clauses. If you read the cash management in Clause 23 on the holding account, you will see how, within 10 days after money has come in, it will be distributed into the three components of the fund. Clause 7 states that an account shall be opened and operated at the Central Bank of Kenya for the fund, to be known as the holding
account. This holding account shall be used for receiving, holding, and disbursing all proceeds of the fund. Therefore, whether it is from minerals in Kitui, gold in Marsabit, gold in Ikolomani, gold in Transmara, or oil from Turkana, all such monies will be received into this holding account and maintained in Kenyan Shillings at the Central Bank of Kenya. Even the Committee has acknowledged that the Controller of Budget must have oversight of this account to ensure that any withdrawals are made in a transparent and accountable manner.
I do not wish to say much, as my seconder is a very intelligent and diligent Member of Parliament. When you hear me use the words intelligent, diligent, and sharp, I cannot be referring to any other Member except the Member for Molo, the Chairman of the Departmental
Committee on Finance and National Planning. I had the occasion to join him in his constituency
Leader of the Majority Party, I have had the privilege of working with the Member for Molo, Hon. Kuria Kimani. I will tell you it is not just the people of Molo who acknowledge that he is a genius. I have become a finance expert under his tutelage in the Finance Committee in less than a month. He is a very sharp individual, and we wish him well as he seeks a third term, just as we are serving our third term. Hon. Kuria Kimani, you may proceed.
I thank you, Hon. Temporary Speaker, and, indeed, thank the Leader of the Majority Party for the very kind words. From the outset, even before I go through my notes on this Sovereign Wealth Fund Bill, I wish to thank the Leader of the Majority Party for visiting my constituency on Saturday. We had a very productive full-day engagement with our people. We told them the truth about the work we are doing here. We have very alert Kenyans. They called and told us that they follow our debates in Parliament and follow up on what is happening. Also, they are calling out those who engage in misinformation and disinformation. I was very happy, especially with how we conducted the debates on the Finance Bill.
Hon. Kaluma, I also take this opportunity to urge Members of Parliament, especially the younger Members serving their first term... My apologies, Hon. Temporary Speaker. I am used to referring to you as Hon. Kaluma when you are in the Committee, and now I am forgetting that I should address you as “Hon. Temporary Speaker”.
When we were elected in 2017 to serve our first term, I can point to examples such as the Hon. Murugara, the Chairman of the Departmental Committee on Justice and Legal Affairs, Hon. Atandi, Hon. KJ, myself, and many other first-term Members of Parliament in the last Parliament, who were very active in this House.
poorer development outcomes than resource-scarce nations. Observers noted this as early as the 18th century, and it gained rigorous academic attention in the 90s. This is a key mechanism in what is referred to as the Dutch disease, where a resource boom drives up the national currency, making other exports like agriculture and manufacturing uncompetitive. These two concepts, the paradox of plenty and the Dutch disease, occur when a country gets resources and all attention is turned to those resources.
I can give an example where we get oil from Turkana, then all of a sudden, we have a lot of resources from these minerals. Of course, all the attention of the people will go to this particular sector because it is very profitable. In the case of oil, you just mine and get your resources. Therefore, people will stop investing in other sectors like manufacturing and business. I followed the debate on this Turkana oil story, where the people of Turkana were saying that now that they have oil, they do not have to do business, farm or do anything else. That concept is what you call the paradox of the plenty. You expect that once you have plenty, you will succeed, but it ends up being the opposite. If you read the history of the Dutch, this is what led to what we now refer to as the Dutch disease.
We need not travel far for cautionary tales. Look at Nigeria, our sister nation. They have the largest oil reserves in Africa and are one of the world's top exporters. For decades, oil has dominated exports and government revenues, yet millions in Nigeria remain trapped in poverty. The Niger Delta bears the scars of environmental degradation and unrest. Agriculture and manufacturing have atrophied, and institutions have grappled with corruption and elite rent-seeking. Even consider closer home, the Democratic Republic of Congo. They are endowed with over 70 per cent of the world's cobalt, which is very critical for the global green energy transition. They are blessed with vast coal deposits, which are essential for the manufacturing of electronics. They have copper, gold and diamonds, but what has happened? Instead of prosperity, these riches have often fuelled conflict, instability and the capture of narrow interests, leaving one of the planet's most resource-rich nations among the poorest. What a paradox! What a resource curse! This is a paradox of plenty in stark relief. Abundance that breeds scarcity and wealth that weakens rather than strengthens a nation. So, without proper safeguards, such riches, compounded by Dutch disease, can spread like dengue fever, sapping institutional vitality, fuelling division and conflict, and depriving current and future generations, even as the ground yields its treasures.
By answering this question wisely, Norway developed a model. They developed a vehicle. They developed a blueprint which has become a success and a lesson to the rest of the world. That is the same question we ask ourselves today. It is stacked in the pages of this Bill. Words with a profound call to us and the future; legislative sentences that are not just mere words, but the map to our prosperity as a nation. The clauses and parts in this legislative vehicle will hold significant meaning in the welfare of our country.
Hon. Temporary Speaker, the 61 clauses contained in this Bill should not confound anyone in this House as to what a sovereign wealth fund is, or that it is clothed in difficulty. Its promise is simple. If we were to have oil, which we do; if we have minerals, which we do; and if we were to discover other natural resources hidden as they may be, which we do; what legal instrument should we have to ensure that these resources are utilised and invested in a manner that grows them and to bequeath them to our children and our children’s children?
Who is to manage these funds? How should the fund be invested? What safeguards should we have in place to ensure proper controls over its withdrawals? How do we preserve the fund? What lessons can we learn from other countries? This is precisely what this Bill seeks to address. It seeks to provide a legal framework for the effective administration and management of mineral, petroleum, and other resource-based revenues.
Before I proceed further, one may ask: What is a sovereign wealth fund? In 2005, Andrew Rozanov coined the term. The simplest definition is that they are government-owned
investment funds with investments in foreign financial assets. Just as an individual, governments invest in foreign financial assets and, most importantly, make money. The story of sovereign wealth funds gained prominence in 2007/2008, although it started much earlier. Today, there are many sovereign wealth funds. Examples include Botswana’s Pula Fund. By the way, Pula is Botswana’s currency. I also learnt that in Setswana, it means “the rain”. We can also talk of Australia’s Future Fund, China’s Investment Corporation, Singapore’s Temasek Holdings Limited and the Government of Singapore Investment Corporation. I cannot exhaust the list.
In the beginning, there was a lot of suspicion about what sovereign wealth funds were. There was fear among recipient countries about whether such funds could be used for political ends. However, that misunderstanding has been cleared, and in place, we now have what are known as the Santiago Principles. These are principles agreed upon by countries and sovereign wealth funds across the world. Membership is voluntary, and the framework encourages self- assessment and adherence to specific principles on the management of these funds. One of those principles is what may not be so interesting to Members of this House— the avoidance of political inference in terms of management of these funds.
Hon. Raphael Wanjala, how can you interrupt such a learned presentation on this Bill, which is deemed complicated? Hon. Caroli, who is on the phone there? That is not right. If Hon. Members wish to pick up phone calls, there are rooms even behind the Speaker.
On a point of order, Hon. Temporary Speaker.
There is nothing out of order. Continue.
Hon. Temporary Speaker, in Africa, the success story of a sovereign wealth fund is Botswana’s Pula Fund. They are our close neighbour. They had this foresight in 1993, and in 1994, they operationalised the Pula Fund. If you have visited Botswana, you have seen how beautiful the country is. It is also blessed with many diamonds. The fund was established under the Bank of Botswana Act. These people had such vision, foresight, and thoughtfulness that, as a result, Botswana is one of the most successful countries in our region.
The ultimate question that every Member of this House will have to answer quietly in his or her heart is this: Long after we have served our terms of leadership, way into the future when we are great-grandfathers and great-grandmothers, when we have grey hair, and our bones are frail, and our eyesight is fading, what shall we tell our great-grandchildren and grandchildren? If we do not bequeath them something precious that will outlast all of us, would it then be a proud moment? What if we were to tell them that this evening, 24thJune 2026, we supported a Bill that peered to their future, untainted with the dangers of selfishness and present occupations, to preserve and grow wealth that they would inherit in a world that will be different and that we might not inhabit? Would it be a better legacy that would soothe our collective conscience as a nation? Is this the time, if we had a time machine, to understand the gravity of this moment? That is a decision before this House, Hon. Temporary Speaker.
As I finish, tomorrow, 25th June, is a very important day in our Republic. Tomorrow is the day we went through personal losses. Tomorrow, two years ago, is when disinformation, misinformation and propaganda brought our country to her knees. As we welcome those who wish to commemorate the day by remembering the lives lost during the 2024 protests, let us do so within the provisions of our Constitution. Your right to protest does not take away my right
to own property. Your right to protest does not take away the right to life of police officers. The right to protest should not take away the right of other road users.
In Molo, I had a discussion…
Is the time for Hon. Kuria Kimani up?
No. As we commemorate that day, I was saying I had a discussion with members of the business community in Molo Constituency on Saturday. We had a candid conversation. In 2024, the attackers who came to our home were paid. We have not moved away from the home where we live. In fact, when they brought down the wall, it was my neighbours who protected what remained of that wall for several months because I did not even have the courage to go back there until I put up another perimeter wall.
The business community told me that they thought I was being attacked because I was the Chairman of the Departmental Committee on Finance and National Planning. However, last year, when they were commemorating, and they tried to attack us, but they could not, some very irresponsible people, I do not want to use the word 'idiot', paid some people to vandalise the town. Now, Molo Sub-County does not have a fire engine because the one there was burned down. We do not have county offices because they were burned down. We are asking: so what does the sub-county fire engine or the county office have to do with whatever you were agitated against?
After that, when they realised they did not get anything, they went to the shops. They first went to the market and stole ndizi from market women. They then went to the shops. They also went to the uplands butchery and stole meat. They went to Itumbi’s shop in Tayari and stole all his stock. There are so many other businesses that suffered.
The business community told me today, because this is on television and Kenyans are watching, that they will protect their businesses. Go and protest, but do not destroy other people’s property. Picketing and demonstrating are enshrined in our Constitution. You have the right to do that. However, the right to own property is also enshrined in our Constitution. Therefore, we will also exercise the right to protect our property and public utilities, as enshrined in the Constitution. Having your rights does not mean you deny me my rights. In the same way, having my rights does not deny you your rights.
Hon. Temporary Speaker, the earlier discussion by the Chairperson of the Departmental Committee on Environment, Forestry and Mining was about the boundaries of forests. Molo has also suffered on the verge of conflict on the boundaries of forests, especially in an area I represent called Mariashoni Ward. In the previous administration, the boundary of the forest and the people of Mariashoni was a changing target. We had to call them out and ask how the boundary line keeps changing. As the Departmental Committee on Environment, Forestry and Mining addresses this issue, I urge them to look at where the boundaries of other forests should be. Let there be predictability and a clear beacon that shows where the boundary is. They are bringing restorative justice.
The people of the Ogiek Community, who are called Dorobos, exist in Mariashoni, Molo Constituency; Nessuit and Kuresoi. Traditionally, they live in the forests, which they protect. If you remember your history, they were referred to as hunters and gatherers. They lived in the forest. There is a case that they won at the East African Court of Justice. It is important for justice to be served to these people in their lifetime. We had a candid discussion with them. It is also time to remember the neighbouring communities which benefit from those forests. Human beings can coexist peacefully with wildlife and our forests and still benefit from both.
One of the legacy decisions His Excellency the President has made is to return these national parks to the communities. A few weeks ago, I went to pick up my family in Amboseli National Park, where they had gone for a holiday. When driving out of there, it was impressive. I saw Maasais with their cows inside the park, and a few kilometres farther on, still inside the
park, I saw a pride of lions. They have done that for generations. This could not have been possible if Amboseli National Park had not been given to the communities. Even people who used to farm in the forest under what was once called the shamba system should be allowed to do so. We can grow potatoes there, as we take care of the trees. Once the trees become big, you will harvest your potatoes, take care of your trees, and then you will move to the next plantation. It is possible for all of us to coexist.
Lastly, when we conducted public participation on various Bills, I was with you and other Committee Members. It was very impressive to see how knowledgeable and involved Kenyans want to be and are in the affairs of running their country. For example, I was impressed to see young people in Turkana explaining the difference between the First and Second Schedules of the Value Added Tax (VAT), that is, exempt and zero-rated. They were trying to explain it in Kiswahili, but they understand what the movement from zero-rated to exempt means. This shows that these Kenyans comprehend these matters and are now following our discussions and policies intelligently, deliberately, and actively. Therefore, I call upon the members of the Executive to utilise well the resources that they are allocated by this House. Let them do that diligently, fairly, equitably and ensure there is value for money for all Kenyans. I submit, Hon. Temporary Speaker.
I second.
Thank you very much, Hon. Kuria Kimani. It touches every Member that you have said we have a date with history and destiny through this Bill.
On a point of order, Hon. Temporary Speaker.
Hon. Kangongo Bowen.
Hon. Temporary Speaker, I rise under Standing Order No. 97, on time limitation of debate. The Leader of the Majority Party and the Chair have spoken and provided us with insights into what the Bill is about. I suggest that every Member be given three minutes to contribute.
What is the feeling of the Members?
Five minutes, Hon. Temporary
Why not agree on five minutes each, and those who can compress can have three minutes each. Can we agree on that, or I put the question?
Let us have Hon. John Kiarie followed by Hon. Gitonga Murugara. This will ensure that those in the House have a chance to speak. Let us also limit our points of order because of the paucity of time.
Hon. Temporary Speaker, this is a historic piece of legislation that has come before us. I commend the Mover of this Bill, the Leader of the Majority Party and the Seconder, Chair for the Departmental Committee on Finance and National Planning, for bringing it to the House. If this Bill is passed, it will be illustrious for the 13th Parliament.
Two issues stand out: For starters, it is important for generations to learn the African wisdom, that you do not eat the fruit and its seeds. A family cannot slaughter a chicken and also feed on the eggs. There must be something in our economy that we preserve for future generations.
Secondly, the sector in which…
Give Hon. KJ one more minute to conclude his contribution.
Thank you very much, Hon. Temporary Speaker. As we commemorate 25th June 2024, we must remind ourselves that we should not destroy the infrastructure we have invested in. Some politicians mobilised the public to burn down a police station and the Kikuyu Constituency Office, knowing well that those were public resources. Rebuilding them requires a budgetary allocation. We should remember the lives lost not only in 2024, but also in previous protests. The 25th June 2024 protests were not special.
Let us have Hon. Gitonga Murugara, the Chairperson of the Departmental Committee on Justice and Legal Affairs.
Thank you very much, Hon. Temporary Speaker. I rise to support this very important Bill. I love the title of the Bill as it alludes to the creation of sovereign wealth. Sovereigns were monarchies in history. Republics took over the title “sovereign” when they gained their independence. Now that Kenya is an independent Republic, we have every right to take the sovereign title.
In 1884, the sovereigns of Europe met in the German city of Berlin. What they were doing is exactly what we are doing today: trying to create sovereign wealth for those countries, which would benefit, among other things, from everything we have said here, including economic stabilisation, critical infrastructure, and future generations. They were partitioning and dividing Africa among themselves purely for these purposes, not because they loved our continent, nor because they loved our people. They were doing it for their own gain, creating sovereign wealth.
Today, we are debating a very important Bill, the Sovereign Wealth Fund Bill. It will become an Act of Parliament, and it is important that we discuss what this Fund will entail.
First and foremost is stabilisation. Stabilisation means that when the country faces hardships, including, at times, foreign exchange challenges, this Fund will step in to ensure the country does not sink further. This is a very important component because we have seen countries become unable to manage themselves and eventually go down the drain.
Secondly is strategic infrastructure. There comes a time when a country identifies a project that is considered so strategic, yet it may not have the money to fund it. Instead of running to lenders every day, some of whom are unscrupulous and unconscionable in the manner in which they lend money, saying, "I give you a pound for another pound of flesh," this Fund will help the country develop such infrastructure.
Then there are future generations. For those sovereigns at that time, it was purely for their own children, so that they would be cushioned against poverty, without giving a damn about what happened to Africa or Africans. We may not have a lot of endowment like the countries we have cited as examples where this law is applied, but the little we have must be for ourselves as we live today. We must also bear in mind that we have children and our children's children who will be here tomorrow and who need protection. This is foresight. Thank you everybody.
The Bill is by the Leader of the Majority Party. It has emanated from the Cabinet. It will be implemented by our President, Dr William Ruto, and his Deputy, Prof Kithure Kindiki. I like the accolades that were given to our Chairperson of the Departmental Committee of Finance and National Planning. We should extend them to the Chairperson of the Budget and Appropriations Committee, who is seated over there. We have always called him an expert. This is another expert. Definitely, the President and his Deputy are experts.
As for tomorrow, we must stand by what the Constitution provides. Everyone has the right to picket, but we must remind them that their rights end where ours begin. To our police officers: tomorrow, if anyone comes out to demonstrate, please provide them with security.
Give Hon. Murugara a minute.
But please do not destroy property. Do not cause injury. Do not make anyone suffer loss of life. Because, as we have said, your rights end where my rights begin. There are defences available for what anyone does in response to a breach of the law, including self-defence when I feel threatened.
Second is the defence of property, where I feel my property is threatened. We do not want to go that route. We call for peace and understanding. Let the young people, for whom we are making this law today, exercise their Constitutional rights in a manner that is careful, keeping in mind that tomorrow, they will be where we are, and their children will be where they are.
I support. The Temporary Chairman
: Thank you, Hon. Murugara, for the wise words. Is Hon. Atandi requesting to speak to this now or later? You must know that Hon. Atandi is an expert.
Thank you very much, Hon. Temporary Speaker. First, I appreciate the Leader of the Majority Party for the manner in which he has explained the Bill to us. Kenya, under the leadership of His Excellency, President William Ruto, is making a lot of progress, especially in the exploration of oil and the identification of various minerals across this country. It is estimated that the value of minerals in our country is worth trillions of dollars, and what we now need is to find a way to explore them for the benefit of this country now and in the future.
This Bill is very important. It is one of the few Bills I am certain is a product of experts in government. As it has been explained by the Chairman of the Departmental Committee on Finance and National Planning, my friend, the competent Member for Molo, the future of our country depends on what we do now and the plans we put in place in terms of law. For the future of our children, the resources we will gain from investments in mineral and oil exploration must be well utilised, and there is nothing better than the Bill we are discussing.
I went through some aspects of the Bill and I am very happy that there is a miscellaneous part in the Bill that talks about how misappropriation of resources from this Fund will be dealt with. The provisions are very strict on anybody who misappropriates these funds. First of all, the penalties are very strenuous, and also the Bill protects the Fund from politics. It provides that three months before a general election, there shall be an audit that will tell us that, as we are going to a new regime and an election, this is how the fund was implemented by the previous regime, so as to protect the Fund from politicisation and from the outgoing regime misusing the resources. I really support the Bill and urge Members to also do the same because the Bill will reshape our country.
Thank you.
Hon (Dr) James Nyikal. I am still on the line of experts donated to the Government.
Thank you, Hon. Temporary Speaker. I rise to support this Sovereign Wealth Fund Bill. I have waited here this long because I believe this is an extremely important Bill. A country, just like a household, needs to save and look into the future. A country, again, like a household, needs a buffer. If things go wrong, what do we do? As a country, you can only save from the natural resources that you have now. If you manage your things well now, that is the time to put something aside so that you can use it in the future.
Natural resources are exhaustible. You have them today, and tomorrow you do not. If you do not set something aside, you will definitely be in trouble later, and then you will face the curse, as the able Chair of the Departmental Committee on Finance and National Planning indicated. We also need to know that, at times, even when you have these resources, you can experience shocks that stop you from using them. So, it is the best thing to do. Therefore, it is best to put in place a Fund that addresses all of these. For that reason, I support this Bill.
Part II of the Bill is the most important because it establishes the Fund and sets out its three components. The first component is the future generations. We are not only saving for today, but also for the future. We utilise what we need now, but whatever is surplus, we save. The second component relates to stabilisation. There are times when we need to stabilise the cost of living. For example, situations may arise in which developments outside our borders and in the global economy affect us very seriously. We need to protect our people and the cost of living. Therefore, we need something to create stability. We are currently suffering because of high oil prices, not because of anything of our own making, but because of events happening elsewhere. If we had a Fund, we would stabilise our economy.
Hon. Temporary Speaker, I also like the logical sequence of this Bill. We can also put in place infrastructure that helps grow our economy and enables things in the country to run and manage its affairs. That is the third component of the Bill.
Clause 5 sets out the objects of the Fund, which are in harmony with what we want to do. The purpose of the Fund shall be to provide the national Government with a buffer against fluctuations in resource revenues, to finance strategic infrastructure investments, and to hold savings. This is almost natural. One is left asking, how come we have not done this before?
Clause 6 in Part II of the Bill goes on to explain the sources of the resources to be set aside. These include the Government's share of profits derived from upstream petroleum activities, excluding any share payable elsewhere; petroleum royalties payable to the Government; mining royalties payable to the Government; and bonuses received by the Government. What we are saying is that, if revenue comes to Kenya that we did not expect, we do not utilise it. We should not suddenly expand our consumption. We should have a place to keep it.
Part IV of the Bill addresses management and is aligned with the Public Finance Management Act, as clearly outlined in Part III. Part V provides guidance on how to invest, where to invest, and what is allowed and what is not. This is a well-designed Bill. It meets our needs. We also have to change other laws to accommodate this Bill. We have laws in Miscellaneous…
Thank you. Hon. David Mboni will speak after Hon. Millie Odhiambo-Mabona because of rank and precedence.
Thank you, Hon. Temporary Speaker. I wish to cautiously support this Bill. On the face of it, this is an extremely good Bill, especially for our country. Earlier, I was at a function where I was being interviewed by one of these young people trying to make a living. They asked me what I think Kenya really needs. What we need is hope, especially for our young people and for the future. Therefore, when we have a Bill that seeks to invest in our future, it is exactly what this country needs. I will not repeat what other Members have said. However, I put a cautionary tale. If you look at other countries that have gone through this, they are considered highly successful, like Norway, which has the Government Pension Fund Global. The Norwegian Fund was established in 1990, and its assets exceed US$1.8 trillion.
Singapore has the Temasek Holdings and GIC, which invest national reserves globally. The assets exceed US$800 billion in combined value. Botswana has a Pula Fund, established in 1994, which helps to stabilise the economy and preserve wealth for future generations. Then, we have the Nigeria Sovereign Investment Authority, which was created in 2011. It is considered fairly successful as well. We also have mixed successes in Chile and Kazakhstan. We can borrow largely from these countries.
One of the things you see very clearly in these countries is independent, professional management. Then, they have strong parliamentary oversight and public transparency. I know people have raised the issue of constitutional conflict with the Consolidated Fund. Should somebody go to court, we leave it to the court to determine. But Parliament plays a very important role in ensuring proper oversight. Then, there are clear rules on deposits and withdrawals. There is limited political interference, investment of surplus or natural resource revenues rather than borrowed funds and long-term savings objectives benefiting future generations. This is where I have my cautionary tale.
If you look at Kenya and the countries I have mentioned, the ones we appear most comparable to are Singapore, Botswana and Nigeria, which have stabilisation functions, infrastructure investment windows, and future-generation savings components. However, we also have Malaysia, which has not done very well. It is considered a notable failure. Kenya needs to be careful to learn from Malaysia. It established a strategic sovereign investment fund, but it was embroiled in one of the world's largest corruption scandals.
Billions of dollars were allegedly misappropriated, which demonstrates how weak oversight can undermine such funds. The reason I said I am cautiously optimistic is that we
know that one of the things that bedevils Kenya is corruption. We are setting up something which is noble and good. Since I came to Parliament, this is one of the best Bills that I have seen. But will we stay true to the objectives and aims of the Bill when it becomes law, or is it a cash cow that people will be using to enrich themselves?
We have oversight mechanisms, but we do not give them regard. We were talking earlier about counties. We can see how people loot them dry. Because of political correctness, we turn a blind eye to those who do it. Can you please give me a minute? Will this not be another case? This is an excellent idea, but I am very worried. Unless we deal with corruption, we might end up going the same route as Malaysia.
Finally, I would like to encourage our police officers. Should people come out to demonstrate tomorrow, be human. Do your work. Do not kill and shoot.
Give Hon. Millie a minute.
Thank you. Do not shoot and kill. I am speaking as a former expert demonstrator. If I were shot and killed, I would not be in this Parliament today. I encourage people to be cautious and responsible. Those who are demonstrating should neither hurt other people nor destroy property. Police officers should be civil and humane. Do not shoot and kill people. We are all Kenyans. Why are we killing each other?
Thank you, Hon. Temporary Speaker. I support the Bill cautiously.
I have recognised Hon. David Mboni.
Thank you, Hon. Temporary Speaker. As a Member of the Departmental Committee on Finance and National Planning, I support the Bill. This Bill addresses the concerns raised by Kenyans during public participation on Safaricom’s divestitures. One of the concerns raised was, if you sell everything, what will you leave for future generations? I think this Bill addresses that concern.
There are many sovereign wealth funds around the world that have been very successful. We know, for example, of the Government Pension Fund of Norway, which has a market value of about US$2 trillion. That is approximately Ksh260 trillion, an amount that could fund our Budget for over 50 years and pay off all our loans.
The Bill contains several clauses that we need to examine carefully. The first is Clause 5, which addresses the purpose of the Bill. One of the proposed purposes is to cushion the country from extraordinary shocks. We need to define what constitutes an extraordinary shock. In my view, extraordinary shocks should be limited to matters affecting macroeconomic stability, such as exchange rate fluctuations, oil price shocks, interest rate movements and inflation. That way, we focus on maintaining macroeconomic stability. If we leave the definition too broad, then issues such as drought may be brought within its scope, yet those matters should be addressed through other mechanisms.
Clause 6 of the Bill proposes the sources of revenue for the Fund. These include the Government's share of petroleum revenues and royalties from petroleum and natural gas. However, it is also important that we include a percentage of the proceeds from the sale of Government shares in some State enterprises. That would ensure that we continue to build resources for future generations. Indeed, that was one of the proposals made by stakeholders during public participation.
On the issue of stabilisation, Clauses 11 and 17 propose a maximum allocation of Ksh10 billion. Any amount in excess of that is proposed to be used for other purposes, including addressing public debt. I am of the view that any decision relating to the use of these funds for public debt reduction should be subject to parliamentary approval. Parliament should have the final say, and it should not be left solely to the Cabinet Secretary.
On the issue of strategic infrastructure under Clause 12, this appears to borrow heavily from the National Infrastructure Fund concept. Strategic infrastructure should be limited to
infrastructure directly linked to the exploitation and development of natural resources. For example, if it is a pipeline, it should be a petroleum pipeline; if it is a refinery, it should be related to petroleum processing; and if it is a railway, it should be for transporting those resources. If the provision is left open-ended, then it overlaps with the mandate of the National Infrastructure Fund. In that case, there would be no need to duplicate the function. We, therefore, need to structure that provision more clearly.
Clause 42 restricts investments in speculative derivatives, unlisted real estate and private equity. When we look at the Norwegian Fund, we see that it has invested in more than 7,200 companies worldwide. It controls approximately 1.5 per cent of all listed companies worldwide. Therefore, we may need to reconsider these restrictions so that the Fund can also invest here.
You have a minute remaining.
The Fund can also invest in profitable companies, so we do not need to restrict it to Government securities only.
Lastly, we should include a provision on joint ventures. For example, if we want to invest in a refinery but do not have enough capital, we can invest alongside other investors. A refinery is a very expensive undertaking. Kenyans would benefit if the Fund could invest a percentage of its resources in such projects.
I support the Bill.
Let us have Hon. Robert Pukose.
Thank you, Hon. Temporary Speaker, for giving me an opportunity to contribute to the Bill. At the outset, I support the Sovereign Wealth Fund Bill (National Assembly Bill No. 7 of 2026) . As the Leader of the Majority Party and the Chairperson of the Departmental Committee on Finance and National Planning have mentioned, sovereignty means independence. It means that one has the power to support oneself. The Bill secures our children’s future by ensuring that part of our country’s wealth is set aside in a fund for their benefit.
I am a maize and coffee farmer. You do not consume everything you harvest at once. You store some of it after drying it to ensure that rats and weevils do not consume or destroy it. You must put safeguards in place. Similarly, this Fund must have safeguards. The Controller of Budget is involved to ensure the Fund is protected and lasts for a long time.
Norway was able to explore oil and gas drilling and save a portion of its resources over time. Those savings have accumulated. We can imitate that. Our neighbours have done so. This Bill is timely. More than six decades after Independence, this is the first administration to consider setting aside part of the nation's wealth for future generations.
This is an excellent idea by the President and his administration. It will ensure that we have something that exists beyond our lifetime. Future generations will remember President William Ruto for coming up with the Fund. Whenever we encounter economic hardships, we will be able to draw from this Fund to save our country from various macroeconomic shocks. Oil prices are rising due to the developments in the Middle East. Had we established a Sovereign Wealth Fund earlier, we would not be where we are today.
With those few remarks, I support the Bill.
Let us have Hon. Kassim.
Asante sana, Mhe. Spika wa Muda, kwa kunipatia fursa hii. Ningelala nikiwa mgonjwa kama singepata hii fursa. Katika nchi yetu ya Kenya, mahali ambapo kumeshawahi kutolewa rasilimali ya mabilioni na matrilioni ni Kwale, wakati tulikuwa na kampuni ya Base Titanium Limited. Hilo linajulikana wazi.
Kuhusu huu Mswada, namshkuru Rais Daktari William Samoei Ruto, kwa sababu alipokuwa akitafuta kura, jambo ambalo tuliweza kumweleza haswa sisi watu wa Kwale ni kuwa, Base Titanium Ltd na madini mengine mengi ya thamani yalichimbwa lakini hakuna
ushahidi wowote wa kuonyesha kuwa Wakwale ama Wakenya kwa ujumla, wamefaidhika. Base Titanium Ltd ilichimba kwa miaka kumi, ikachukua rasilimali yetu, ikaenda na kutuachia mabwawa. Sasa kilichosalia labda ni kuwakumbusha kuwa mbu wanaotufyonza sehemu ile, ni kwa sababu ya madini yaliyokuwepo. Hiyo sio sifa nzuri ya kueleza vijana wetu na vizazi vinavyokuja. Kwa hivyo, ningependa kutoa shukrani kwa Rais. Ile ahadi aliyosema kuwa tukimpatia kura atakuwa na suluhu ya mambo kama haya, leo itatimika. Mimi ni mmojawapo ya watakao ingia katika kumbukumbu za historia kwa kuhakikisha kuwa tunatengeneza sheria ambazo wakati raslimali zetu zitatumika, vizazi vijavyo vitaweza kukumbuka na kunufaika kutokana na faida hiyo.
Tuko na madini pale Mrima Hill ambayo sote tunayajua. Inasemekana kuwa dunia nzima, ni Mrima Hill tu ndio iko na madini ya thamani zaidi. Hii ni kwa sababu sio madini ya kawaida. Hatuzungumzii dhahabu, fedha au shaba. Ni madini ambayo wanasema ni rare-earth. Katika ulimwengu mzima, mwenyezi Mungu aliona kwamba ni busara kutubariki na madini hayo. Tumekua na tashwishi kubwa kwa sababu ikiwa Base Titanium Ltd ilituacha na mabwawa ya mbu, sembuse Mrima Hill, ambayo ni kubwa na yenye thamani zaidi? Endapo haingechimbwa kulingana na ule mfumo wa zamani bila kuwa na sheria hii, tungenufaika vipi? Je, Wakenya na Wakwale wangenufaika vipi pamoja na vizazi vinavyokuja? Kwa hivyo, ni mwafaka kila mmoja kuiunga mkono sheria hii kwa sababu ya mazungumzo tuliokuwa nayo na Rais.
Tumekuwa na haya mazungumzo na Wizara husika pamoja na Rais. Tulikuwa na wasiwasi kuwa ikiwa hali itakuwa kama ilivyotokea pale mwanzoni kupitia Base Titanium Ltd, hakutakuwa na haja ya madini kuchimbwa. Nataka kuwaambia Wakenya, na haswa wakwale, kwamba historia inatengenezwa leo. Kuna sheria inayoundwa, na tusiwe na wasiwasi tena kuwa endapo madini yetu ya Mrima yatachimbwa, yatapotea kama rasilimali yetu ya Base Titanium Ltd. Pia, kuna sheria ya madini, the Mining Act, iwapo kutakuwa na tatizo.
Niko na tumaini kuwa, tukipitisha hii sheria, tutaweka uwazi mbali na kuwekeza kwa niaba ya vizazi vijavyo ili wenyeji wanufaike wakati uliopo. Hatuwezi kufikiria vizazi vijavyo ilhali wale walioko hawanufaiki, wanadhalilishwa na kuteseka. Hicho ni kifungu ambacho tutakipiga msasa ili wenyeji wasidhulumike tena.
Naunga mkono Mswada huu, na sio kwa mikono pekee, bali pia na miguu kwa sababu ya furaha niliyo nayo; kwamba, sisi tulio na rasilimali hatutadhulumika tena.
Asante.
Mheshimiwa Rindikiri Mugambi.
Thank you, Hon. Speaker. I stand to support the Bill. At the onset, the Bill is part of the history of the Broad-based Government. We have seen great things being implemented during this period: the Infrastructure Fund, the Fiscal Policy and the Debt Management Policy. These are things that have never been done before.
This Bill is part of the new thinking that reflects the fiscal maturity of our country. I want to thank the Mover and the Seconder because, for the first time, Kenya has started positioning itself as a financial hub. The kind of thinking that many countries embraced before is now happening in Kenya. We really need to be proud of this 13th Parliament.
I know many critics will come out and say that we already have an Infrastructure Fund. I want to tell them from the onset that there is a difference between the Infrastructure Fund and a Sovereign Wealth Fund. We are encouraging savings. We are encouraging investment for today and for the future.
I do not want to belabour the point because we have already established the benefits of having a Sovereign Wealth Fund. We have relied heavily on debt, and this creates a long-term avenue for financing our economy going forward. The young people who demonstrated in 2024 were saying that there was nothing the Government was doing for the youth of this country. I tell the young people out there that this is one of the things the Government is doing for the
future of this country. Therefore, if they are listening, we are establishing a solution for the future. That is one of the key benefits of this Bill.
This Bill has answered one question that has consistently arisen as a concern, and that is governance. The Bill has addressed the issue of good governance, and I want to assure Kenyans that this fund is ring-fenced. The issues of governance, accountability and transparency have all been addressed by this Bill. The Bill clearly sets out responsibilities for professional management. It is also very clear that political interference has been blocked.
I want to thank the Leader of the Majority Party for his contribution. I also wish to make an appeal to the young people tomorrow. Timau has recently been a centre of demonstrations. I want to advise them that it is very easy to destroy what we have built over the years. As you serve those who are forcing you onto the streets, remember that if you destroy a road that has been built, you disrupt the economy of this country.
I support this Bill, and I congratulate the President for giving us the opportunity to think broadly, without limitation, and to implement, as Parliament, what we believe is best for this country. We should feel indebted to the President and his Administration.
I thank you.
Hon. John Namoit.
Thank you, Hon. Temporary Speaker…
They were producing petroleum the other day. Hon. Baya.
Hon. Temporary Speaker, after he finishes, we call upon the Mover to reply, considering the time and the fact that we still have some fundamental matters to conclude before 9.00 p.m. Definitely, this Bill will come to the Committee of the whole House, where we will say the things we want to say now. We must finish the County Allocation of Revenue Bill.
Hon. John Namoit, please try to compress your contribution. Can you do so in less than three minutes?
Yes. At the outset, I register my support for the Bill. This is one of the best Bills for which this 13th Parliament and His Excellency President (Dr) William Ruto’s Government will always be remembered.
My oil-producing County, Turkana, will soon be launching oil exportation in Mombasa, either in December 2026 or January 2027. Alongside counties that produce minerals or other extracts, we will be the first ones to support this Bill because development will be realised through it. In the Petroleum Act, for example, 25 per cent of revenue raised goes to the county and community, while 75 per cent goes to the country. This Bill is an assurance that any revenue set aside from oil reserves will be utilised in developing counties or areas where oil comes from.
Secondly, through this Bill, I now support the journey to Singapore. It will help us save and create investments that will enable us to journey towards that. Thirdly, this Bill realises intergenerational equity and savings for the future. In a province like Alberta in Canada, where oil is produced, natives or aborigines appreciate that the country takes care of their welfare by ensuring they get royalties from oil. This is one of the best Bills that should have happened like yesterday.
Thank you.
Hon. Caroli Omondi, in under three minutes, make your contribution.
Hon. Temporary Speaker, it is very unfair. We sit here for four hours waiting to debate this and then you want to take it away from us. I rise under Standing Order 35 and draw your attention to the fact that there is no quorum in the House.
It is not being stupid; you must respect us. There is no quorum in the House. There must be respect.
Hon. Kassim Tandaza.
I do not want to use some derogatory language to call Hon. Members the term that he has used. I am even afraid of using it again, or just mentioning it. Are we stupid? Is that not what you said? Are you proud of that? Do you want your electorate to know that you are calling your colleagues stupid yet you are also in this House, Hon. Member? Is he in order?
Thank you.
Hon. Kassim Tandaza, sit down. Hon. Caroli Omondi, did you use the words “stop being stupid” in reference to Members?
I said: “I rise under Standing Order 35 to draw your attention to the fact that there is no quorum in the House”.
No, that is fine.
And I said: “You have to respect us. We are not stupid”. That is what I said. Get The Hansard.
Hon. Caroli Omondi, you made those remarks just when you were recognised to make your contributions. I want to caution again: if you used the words "stop being stupid" or the word "stupid" in reference to either the Speaker or the House, I ask that you withdraw it before we verify the record, as it is currently being checked.
Hon. Temporary Speaker, just check the record. I did not say that. I stated, "we are not". I did not refer to the Speaker or the House. We have been sitting here all afternoon. If you insist that I withdraw the word "stupid", I have done so.
You cannot lament about sitting here.
Okay. I have withdrawn the word "stupid". I rise under Standing Order 35 to draw your attention to the fact that there is no quorum in the House.
Hon. Temporary Speaker, earlier I had cautioned Hon. Caroli Omondi on his recent behaviour in the House. I do not know what is informing this anger in him. It is very dangerous to be consumed by anger when you are growing old. I can confirm, and I would want us to go back to The Hansard because indeed, Hon. Caroli Omondi drew your attention to the fact that there is no quorum after he had been given an opportunity to speak, having lamented that you had not noticed him. When he raised that issue, Members protested because all the other Members present in the House had
substantive contributions regarding this Bill. Nonetheless, he is right to say there is no Quorum, and if he believes so, he can draw your attention to it.
Further to that, he said, "Stop being stupid". I beseech you to direct that we check The Hansard. I heard him clearly from my position, and so did Hon. Kassim Tandaza. It is now 12 minutes to 9.00 p.m., and Hon. Caroli Omondi may not have the capacity at this hour to know what he has said. We must confirm this through The Hansard. If he indeed said those words, I will be seeking to move a Motion to name him. We must conduct business in this House with the dignity it deserves. If any Member has no dignity for himself, we do. No Member of this House, including the Member for Suba South, is stupid. We must protect the dignity of every Member in this House, including Hon. Caroli Omondi. I will always safeguard your dignity.
Hon. Temporary Speaker, I beg that you direct that the Hansard be checked. We had consultations with the Chairperson of the Departmental Committee on Finance and National Planning…
Traditionally, when a person rises under Standing Order 95, the Speaker has a range of discretion to determine whether a question should be put for the Mover to reply or whether further opportunities can be granted to additional Members. This is why Hon. Owen Baya raised the issue regarding Hon. Caroli. However, you notice that I still allowed Hon. John Namoit to speak without putting the question. Unknown to you, I had recognised Hon. Mishi and Hon. Ruweida to speak after you. I was acutely aware that while at least one Member has the right to stand under Standing Order 95, I maintain the discretion as the presiding officer to determine whether there is still interest among Members in a matter. I had made that determination, which is why I was selecting you to speak. You are entitled to raise the issue of quorum. Furthermore, the Speaker is not made aware of such matters until they are raised.
Ordinarily, once you raise the matter that you are raising, the Bell should be rung. I am currently under Standing Order 1 because of what the other Members and I heard, which is different from what you are saying, Hon. Caroli. You leave the Temporary Speaker with no other option but to call for The Hansard, which is already being checked. However, because you are a very good Member of this House, if you said in reference to either the Temporary Speaker or Members, and you used the words “stop being stupid,” please withdraw it so that we go to those procedural processes. I ask that you apologise for the dignity of not only the Chair but all of us.
Hon. Temporary Speaker, I did not say the Speaker is stupid or the Members are stupid. I said, “We are not stupid,” meaning those of us who are on this side. That is what I said, and The Hansard will bear me out. In any event, I already withdrew the assertion that, on our side, we are not stupid.
Hon. Caroli Omondi, it is being confirmed to me that what I heard, what Hon. Kassim heard and what several Members across the aisle heard is that you said, “stop being stupid” That is what is on The Hansard.
Hon. Caroli Omondi, I am giving you the last chance to withdraw the terms “stop being stupid” and apologise to the Temporary Speaker, the Members and the House.
Hon. Temporary Speaker, I have no problem withdrawing those words, and I have no problem apologising to the Temporary Speaker and to the Members because. As far as I know, what I said was, “we are not stupid”. However, if that is what you recorded, I withdraw and apologise. Nonetheless, I rise under Standing Order 35 and, once again, draw your attention to the fact that there is no quorum in the House.
Hon. Caroli Omondi, the Speaker does not record anything. I am telling you what The Hansard says. Can you make an unequivocal withdrawal and an apology?
No, Hon. Temporary Speaker. I have already withdrawn and apologised. One more time, I will withdraw and apologise. Okay.
I have said ‘I withdraw and apologise.’ Once again, I rise under Standing Order 35 to draw your attention to the fact that there is no quorum in the House.
Hon. Caroli Omondi, do you want to withdraw the terminologies that you used and apologise or do I proceed under Standing Order 107 (A) straight away?
I withdraw and apologise. Under Standing Order 35, I again draw your attention….
Hon. Caroli, I am going to deal with you now under Standing Order 107A. And just for clarity, let me read it to you:
Gross disorderly conduct 107A. (1) A Member commits an act of gross disorderly conduct if the Member—
ADJOURNMENT
Hon. Members, the time being 9.00