Serjeant-at-Arms, ring the Quorum Bell for ten minutes. (The Quorum Bell was rung) Order, Members. Hold the ringing of the Bell. We have the numbers to start this sitting. Clerk-at-the-Table, call out the Orders.

Thank you very much, Hon. Temporary Speaker.

I would like to take this opportunity, on behalf of this House, to welcome our counterparts from Uganda to this honourable House. This august House has never learned how

Thank you. Hon. Jematiah.

Thank you, Hon. Temporary Speaker. I also want to take this opportunity to welcome my former colleague. We served in a multipurpose Committee in the East African Legislative Assembly (EALA). Dennis is one of the youthful Members of Parliament. I remember we contributed so much to legislation in EALA.

I want to tell my friend and colleague that I did not know he was coming to learn how to remove the Leader of the Majority Party. But all in all, you are welcome. We will support you. We will give you all the notes, but most of all, we will help you to retain them in office.

Thank you, Hon. Temporary Speaker.

Removal is part of our job; it is stipulated in the Standing Orders. He is in order.

Well guided.

Thank you, Hon. Jematiah. I was lucky to have been part of the observer mission for the last Ugandan elections. So, it is good to have you in the House. We wish you fruitful deliberations.

Next Order.

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

Very well. Chairperson of the Departmental Committee on Justice and Legal Affairs.

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

Report of the Departmental Committee on Justice and Legal Affairs on its consideration of the Law of Contract (Amendment) Bill (National Assembly Bill No. 49 of 2025). Thank you very much, Hon. Temporary Speaker.

Very well. Next Order.

Hon. Members, I shall indulge the Member for Kilifi North.

Thank you very much, Hon. Temporary Speaker. Pursuant to Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation regarding the status of water supply in Kilifi, Kwale, Taita Taveta and Mombasa counties.

Kilifi, Kwale, Taita Taveta and Mombasa counties continue to experience persistent water shortages, largely attributed to inadequate pumping and production capacity at the Baricho Water Works, operated under the Coast Water Works Development Agency. Although the Government has installed solar-powered systems at the Baricho Water Works, the energy generated remains insufficient to significantly reduce the cost of electricity required for pumping and water production. Consequently, the maximum production capacity of Baricho Water Works remains low, currently approximated at 110 million cubic metres, resulting in a significant shortfall in supply in the regions. Notably, Kilifi County receives only about 50 million cubic metres of water per day against 200 million cubic metres estimated to meet the needs of over 1.5 million residents, institutions and health facilities.

The inadequate and intermittent supply has also contributed to a substantial increase in non-revenue water, which is estimated to account for nearly 50 per cent of the water distributed in Kilifi County. The persistent shortage of water supply further threatens livelihoods and risks undermining the coastal tourism industry, which is heavily dependent on a consistent supply of water. Additionally, the Baricho Water Works also experiences frequent downtime in its production processes, compounded by repeated power disconnections arising from outstanding historical electricity bills. The resulting interruptions have affected water production and distribution to the affected counties. The situation has been further aggravated by the disconnection of water services by the Coast Water Services Board, leaving large parts of the coastal region without a reliable supply of water and raising concerns regarding the efficiency and sustainability of water service provision in the region.

As we speak now, Coast Water Works Development Agency has disconnected water in the coastal counties and that from yesterday, there has been no water in the whole region. This is an affront to the constitutional rights of the people. The people enjoy the right to water and Coast Water Services Board cannot disconnect water completely in the whole region. The inefficiency of the Coast Works Services Board, should not in any way affect the residents. The said Board is inefficient, insensitive and operates unconstitutionally.

Hon. Owen, you are debating your request for Statement. You know that. Submit your request for Statement, as approved. I understand that it is an emotional issue and the Chair has heard you.

Let me stop there and finish reading what was approved.

It is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation on the following—

Hon. Baya, you are even prescribing the response.

Hon. Temporary Speaker, the request for Statement by the Deputy Leader of the Majority Party, is a very serious issue. Hon. Owen needs to listen to me. This House passed the Water (Amendment) Bill which seeks to operationalise the bulk water supply. In the coastal region, Mombasa Water Supply and Sanitation Company and Kilifi Mariakani Water and Sewerage Company, do the last mile connectivity of water around the two counties. The two counties have refused to pay Coast Water Development Agency the water they supplied to the two water service providers.

At the same time, Hon. Owen Baya said that the two counties rely on Baricho Water Works which uses pumping stations. The cost of pumping water is very high. If these two water service providers do not pay Coast Water Works, how will they supply water?

As I bring the answers, even tomorrow, it is important to note that there is a problem in the counties. The water service providers, which are managed by the governors, are not paying the bulk water supply. I ask Hon. Owen Baya, who is also the Deputy Leader of the Majority Party, that since he is the kingpin of the Coast region, he can engage the governors of Mombasa and Kilifi counties to pay Coast Water Works so that those pumping stations can pump enough water.

Chairperson, I feel like you have already given some preliminaries and the causes of the predicament that the people of Kilifi are going through. But we need specific answers to this request for Statement. Would you do that tomorrow or Tuesday?

Hon. Temporary Speaker, on Tuesday afternoon.

Chair, we are proceeding to recess on Thursday.

Hon. Temporary Speaker, let me give a preliminary report tomorrow afternoon because water disconnection is a serious issue.

Yes, tomorrow afternoon. It is so directed. Next Order.

Next Order.

Chairperson of the Committee on Delegated Legislation, Hon. Chepkonga.

Thank you, Hon. Temporary Speaker. This is a very brief Motion. I beg to move the following Motion:

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Income Tax Exemption (Amendment of Legal Notice No. 15 of 2021), laid on the Table of the House on Tuesday, 25th August 2026, and pursuant to the provisions of section 13(3) of the Income Tax Act, Cap 470, this House approves the Income Tax Exception (Amendment of Legal Notice No. 15 of 2021) (published as Legal Notice No. 191 of 2025). The import of this Motion, is to seek to introduce one more project under Legal Notice No. 15 of 2021. We have 16 projects that have been exempted from the Income Tax Act. This Legal Notice seeks to exempt another project, named, the Project for Strengthening Research Capacity for Kenya Medical Research Institute (KEMRI), 2024. As you know, sometime this year, we approved the establishment of KEMRI as a research university. The Japanese Government, through Japan International Cooperation Agency (JICA), has extended three billion Kenya shillings for research to this institution, and they have required under the bilateral agreement signed between Kenya and Japan, that the monies that will be given and paid out of this project be exempted from income tax.

That is the only thing that we are seeking to do. It is a very brief one; just a one-liner, to introduce number 17 in Legal Notice No. 15 of 2021. I would like to request Vice- Chairperson, Hon. Gichimu, to second.

Hon. Githinji from Gichugu.

Hon. Temporary Speaker, I beg to second. I have nothing useful to add.

Or nothing at all. (Question proposed)

Hon. Sunkuli.

Hon. Temporary Speaker, I am privileged to sit both in the Committee on Delegated Legislation, as well as the Departmental Committee on Health, and the matters under discussion today affect KEMRI. We are asking that KEMRI be included among those organisations that are exempt from the provisions of the Income Tax Act and regulations. This is a very useful thing because recently KEMRI became a university and it is our prime research organisation. We need to understand that research is a very important aspect of our development and that many organisations that have benefited from development have started by benefiting from research. Therefore, in order to allow KEMRI to do fundraising around the world, from Korea, Japan or wherever is available, countries that favour research, we support that this provision be supported. I, therefore, support.

Wuod Chief, one minute.

Thank you, Hon. Temporary Speaker. Any development is anchored on research, and KEMRI is doing a great job. I think it is an oxymoron for any country that is receiving grants to ask for income tax. This is timely, and I urge all Members, let us support this Motion. Thank you.

Hon. Wangwe.

Thank you, Hon. Temporary Speaker. Allow me to rise and support this amendment by the Committee on Delegated Legislation. One crucial thing, you have been here on that Chair when I was moving the Report of the Auditor- General touching on KEMRI which is a research institution, but having been expanded to a research university, especially on issues touching on health, they require to be supported. The only way to support them is to allow them not to be subjected to income tax so that they can go out and look for resources which will wholly go into research, especially on matters touching on our health.

Thank you, I support.

Very well. Member for Nyando.

Hon. Temporary Speaker, thank you for the opportunity. As I support this, it is important to note that this has already been published by the Cabinet Secretary in charge of Finance, Hon. John Mbadi, who is just about to walk into this Plenary. The Committee I belong to, the Committee on Delegated Legislation, is in concurrence with this kind of proposal. JICA intends to inject three billion Kenya shillings and the only thing blocking this is to give them a leeway to be tax-exempted when they either bring materials or members of staff to help control this money. Therefore, to lose three billion shillings at the altar of taxation does not really make sense.

Therefore, it is important that this is given to them and that, as a consequence, we are going to create more jobs using these three billion shillings. Most of our young people who are currently jobless will be plugged into various opportunities when this comes to fruition. Therefore, I support, and thank you for the opportunity.

Very well. Finally, Hon. Mutuse.

Thank you, Hon. Temporary Speaker, for the opportunity to contribute. As we all know, research powers development. The Committee has clearly explained that the monies we are exempting are not monies coming from the institution, but those coming from external sources. Therefore, I support the wisdom

Hon. Ochanda.

Thank you, Hon. Temporary Speaker. If you look at the cumulative effort in terms of placing resources to research in this country, it is very minimal, to an extent that even if you look at an agency that supports this Government in every other matter, whether economic or not, like the Kenya National Bureau of Statistics (KNBS), they all the time do not have enough money. When we get an opportunity like this for those institutions that do research, it is important that we do not subject them to other additional requirements.

Sometimes, it is also not very nice at all to place taxes on somebody else's money. If at all we were the ones generating the money and are able to place some taxes on them, that is totally different. However, when you are given a grant and then you want to subject it to taxation, it is not very nice.

I support.

Finally, Hon. Nyikal.

Thank you, Hon. Temporary Speaker. As much as this is a very quick Motion that we need to pass, it is extremely important. As the Mover said, KEMRI has moved a step further. What we need to know is that KEMRI is now not just a research institution, it is actually a degree awarding institution, dealing with postdoctoral research. Basically, that is where research that runs the systems is. Nationally, we actually give very little money to research. If you look at the National Commission for Science, Technology and Innovation (NACOSTI), the total amount of money in this country that is given for research is just about two per cent of our budget. This is extremely small. In many cases universities receive funding from outside in order to grow. Postdoctoral research is extremely important because it gives rise to findings that eventually go into production of even drugs, like in the case of KEMRI. Therefore, we stand to earn a lot in the future if we promote research and have these new graduates supported, not only from JICA, but from any other source. This is something we should support a lot. KEMRI should be supported. I only want to sound a warning which I have said before, that now that it is a university, the biggest error we can make is for it to start taking undergraduate students. This would kill the research. Let us support them. Let them depend on this funding from outside even if there is little from inside.

With that, I support. (Question put and agreed to) (The Temporary Speaker consulted with the Clerk-at-the-Table)

Next order.

Leader of the Majority Party.

Hon. Temporary Speaker, I beg to move:

Who is seconding?

Sorry, Hon. Temporary Speaker. May I request Hon. Wangwe to second the Motion.

Member for Navakholo.

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

Hon. Members, we shall be going to the Committee of the whole House, but I will indulge you, Member for Funyula.

Thank you, Hon. Temporary Speaker. By accepting the Senate amendments, we are sending a very strong message to the Senate that we are not in a big fight with anybody. We are not in a competition with them. We are only interested in the good of this country. Likewise, when we send anything to them, they should expeditiously consider it and accept our reasoned views, for we could be much wiser than them because we are many. When many heads are put together, good things come out of it. That is why we need the leadership to pass the message to the Senate that we are not rivals. We are complementing each other. We just happen to be their slightly elder brother and they must live with that and accept it moving forward.

Thank you. I support.

Leader of the Majority Party, reply.

Hon. Temporary Speaker, I beg to reply.

Next order.

Leader of the Majority Party.

Hon. Temporary Speaker, I beg to move: THAT, the Senate amendments to the Public Finance Management (Amendment)(No.4) Bill (National Assembly Bill No. 45 of 2024) be now considered. Again, these are some three Bills that we have passed in the House. When they were relayed to the Senate, they passed some minor amendments then consolidated all the Bills into

Member for Funyula.

Thank you, Hon. Temporary Speaker. Since I already commented on the generality of the matter, allow me to second and have nothing else to add.

Thank you.

Put the questionQ

The mood of the House is that I put the Question. (Question put and agreed to) Hon. Members, we shall reorder the Order Paper slightly, so that Order No. 16 comes now before Order No. 13. Call out Order No. 16.

Chairperson, Departmental Committee on Education.

Hon. Temporary Speaker, I beg to move: THAT, taking into consideration the findings of the Departmental

Very well. Let us have Hon. Eve.

Thank you very much, Hon. Temporary Speaker. I beg to second the Motion which was ably moved by the Chairman of the Departmental Committee on Education.

Having sat through the entirety of these appraisal hearings alongside Hon. Chairman and other Members of the Committee, I rise to associate myself fully with the findings presented to the House and underscore a few matters that in my respectful view, put beyond doubt the case for approving both nominees. I wish to draw the attention of the House to the manner in which this process was conducted because it is the process, as much as the individuals, that this House is being asked to endorse. Two hundred and fifty five Kenyans competed for the two positions before a selection panel constituted by law. Nine memoranda were received from members of the public during the participation window this Committee opened. Everyone supported the nominees.

When the process was interrupted by a court order, this Committee did not push through. It stopped and resumed only when the High Court, after hearing all parties, lifted that order. A process that withstands both open public and judicial scrutiny, and emerges from both unshaken, is a process this House can rely on. Beyond the process, I was personally persuaded by the calibre of the two individuals who appeared before us.

Hon. Wilson Sossion answered the questions this Committee asked him on his years of KNUT leadership and his recent time in this House. On her part, Ms Antonina Lentoijoni did not shy away from the fact that she is presently a senior officer of the very Commission she has been nominated to help govern. She openly committed to recuse herself whenever a conflict of interest arises. I am satisfied that her decades of institutional experience will serve the Commission well rather than compromise it.

Hon. Temporary Speaker, for these reasons and those already set out by the Chairman when moving, I beg to second the Motion. I urge the House to approve the appointment of Hon. Wilson Sossion and Ms Antonina Lentoijoni as members of the Teachers Service Commission.

Thank you. (Hon. George Sunkuyia consulted loudly)

Order, Hon. Sunkuyia. (Question proposed) Hon. Members, the Cabinet Secretary for the National Treasury and Economic Planning is expected to be in the House shortly. In the meantime, I will allow you to debate. So, do not lift your hands. As long as you are in the Chamber, I will see you.

Thank you, Hon. Temporary Speaker.

Can we have our team assist Hon. Millie and other Members who are struggling with the system?

Thank you.

In the meantime, use the intervention button. It is working.

Hon. Millie, you do not have a card.

Member for Moyale, you have the Floor. Do not respond to Hon. Millie.

Thank you, Hon. Temporary Speaker. I rise to support the Motion on the appointment of the two officers as members of the Teachers Service Commission. I wish to state that Hon. Sossion, having served as the Secretary-General of KNUT, understands the education sector in Kenya.

Ms Antonina, a girl from Samburu in northern Kenya, who rose through the ranks to become Director of Staffing at the TSC, understands the education sector and the TSC more than anybody else. No one is more suitable for this position than this pastoralist girl. She demonstrated her ability to lead the Commission.

With those few remarks, I support the Motion.

Thank you. You have done very well with time. If you continue that way, many of you will get an opportunity to speak. Let us have Hon. Naisula.

Thank you, Hon. Temporary Speaker. I rise to support the Motion. I would like to thank the Departmental Committee on Education for this Report. Please protect me from the Leader of the Majority Party. I have worked with Hon. Sossion and know him well. I know the work he did for this country when he was the Secretary-General of KNUT. I know he will bring a lot of competence to the Commission.

Allow me to say one or two things about Ms Antonina Lentoijoni, a girl from Samburu East Constituency in Samburu County, and the role she has played at the TSC, where she has been the Director of Staffing, a position she initially held in an acting capacity before being appointed substantively. Let me highlight three things that Ms Antonina, as the Director of Staffing at TSC, did. She spearheaded the development of the Teacher Staffing Norms, 2025; the Teacher Internship Policy; the Policy on Appointment of Institutional Administrators, Teacher Recruitment and Selection Policy; the Policy Framework for the Utilisation of Teachers Outside Kenya; and the Recognition, Reward and Sanctions Policy. Most importantly, the 100,000 teachers who have been recruited so far were overseen by Ms Antonina Lentoijoni in her capacity as the Director of Staffing. She also coordinated the promotion of over 100,000 teachers countrywide.

Finally, this appointment shows that it does not matter which part of this country you come from. People from where I come from serve diligently and should be given more opportunities to serve in this country.

Thank you, Hon. Temporary Speaker.

Very well. Hon. Julius Taitumu.

Thank you, Hon. Temporary Speaker, for this opportunity to support the appointment of the two nominees, Hon. Sossion and Ms Antonina Lentoijoni. I am a Member of the Departmental Committee on Education that conducted the vetting process. Having been a KNUT official for about 11 years, I have known these two nominees for quite some time. Hon. Sossion understands the education system in this country. We have seen him in all media houses across the country trying to defend the Government on matters concerning the CBC and all the programmes it has undertaken.

Hon. Sossion rose from being a classroom teacher, where he taught for about 12 years to become the Executive Secretary of KNUT, Bomet Branch, and later the Secretary-General of KNUT. His career in the teaching service spanned about 30 years. He was also a Member

The Whip of the Minority Party.

Thank you, Hon. Temporary Speaker. I stand to support the Motion on the appointment of the two nominees before the House. As other Members have indicated, Ms Antonina has had a very progressive career, and I think that enabling her to rise to the level of TSC Commissioner shows that commitment pays.

Another important consideration is that, because Ms Antonina comes from a minority community, her appointment demonstrates our commitment to the inclusion of minorities. I also want to say we have sat here with Hon. Sossion, who was a very strong advocate for teachers. Therefore, the two nominees bring a good balance. You have one who has risen through the ranks and worked in TSC, and so has very clear technical interests and support of TSC as an institution. You also have another one who also has a lot of interest in teachers' issues. I hope Hon. Sossion does not forget the teachers when he gets there. Sometimes you get to a place where you have been advocating and lobbying for and you forget. We are encouraging him not to forget the teachers that have enabled him to get there.

Hon. Temporary Speaker, I support.

Member for Endebess.

Thank you, Hon. Temporary Speaker. I rise to support the appointment of Hon. Sossion and Antonina Lentoijoni as TSC commissioners. Hon. Sossion served with us in this House as a Nominated Member of Parliament on the ODM party ticket, which is part of the broad-based Government. He has moved to support the Government on many of the stations, especially on matters of development and matters of education. He is the right person. He has also been KNUT Secretary-General for many years. That puts him in a position to understand both the needs of the teachers and also how the employer of the teachers can be able to perform well to make sure that there is harmony between our teachers in terms of their needs and also our employer in terms of what they need to offer.

With those few remarks, I support.

Ikiara.

Thank you, Hon. Temporary Speaker. I rise to support this Motion that Hon. Wilson Sossion and Ms Antonina be considered as nominees to serve as commissioners at the Teacher Service Commission. Hon. Wilson Sossion is a person known to me for 20 years. I have worked with him for 20 years. He rose from the position of a classroom teacher and became an Executive Secretary, Bomet Branch. He rose again, and teachers identified him because of his competency and zeal to serve them. Then he became the Secretary-General of the Kenya National Union of Teachers from 2010 up to 2021. Hon. Sossion was also the President of Kenyan Teachers in representing the Africa region, which draws 133 countries worldwide.

Hon. Wilson Sossion is a person who is committed in whatever he does in the education sector, bearing in mind that he was very pivotal in formulating the Education Charter, which

The Deputy Whip of the Majority Party.

Thank you very much, Hon. Temporary Speaker, for giving me this opportunity to also contribute to this very special Motion of consideration of the two nominees. I also want to congratulate Hon. Wilson Sossion and Antonina Lentoijoni. The two are well known to us, and especially those of us who have gone to TSC, we have interacted with Antonina and she has served all of us and the entire nation with a lot of diligence. She is a very committed person and TSC needs people like this.

Hon. Wilson is well known to us and his experience and passion for teachers, students, and the entire Ministry is something that will benefit the entire nation. I wish both of them the best and also pray that they will continue serving this nation in a big way and also consider all the parts of this country so that even areas like Marsabit and Samburu will feel part of this country, because the President has done a lot. He has also tried to equalise by appointing people from the entire nation to different positions, even those who have believed that they are marginalised. Today, we feel that we are part of this country.

Thank you, Hon. Temporary Speaker. I congratulate the two.

Hon. Gisairo.

Thank you, Hon. Temporary Speaker. First of all, I rise to support this Report, the appointment of the two. I sat in the Committee that vetted the two candidates, Hon. Sossion and Ms Lentoijoni. As a Committee, we got nine memoranda and seven of them were affidavits. None of these was negative to the two. They were all in full support, people of diverse backgrounds from the teaching and other sectors. They fully supported the appointment of the two.

Hon. Sossion brings a lot of experience, having been a classroom teacher, a KNUT official, and having been in the industry for years. He brings a lot of knowledge and having been on the side that was advocating for teachers, he now goes to the side that needs to implement some of the issues that he used to raise from the other side. We hope that some of the files that may have been sitting within TSC while he was in KNUT, he gets a clear opportunity to assist, have those issues implemented, and he will provide a very good bridge between TSC and the teachers in terms of communication.

Madam Lentoijoni has been with TSC, and within the period that I have served in the Committee, we have interacted with her as a Committee and known the depth of experience that she holds in that body of a teacher, the teachers' body. She is a calm and collected lady, always ready to listen and assist where she can in the best way possible. This is a strong person to have within the Commission to help steer it towards the coming days and years as we try to address the challenges facing the teachers in terms of teacher shortages, teacher tooling, and all those aspects that make a Kenyan teacher a better teacher. We have a couple of great Kenyans who we believe are going to be positive when it comes to the teaching profession.

I thank you, Hon. Temporary Speaker. I support.

Member for Samburu.

Thank you, Temporary Speaker, for giving me this chance to also contribute on the appointment of the two nominees. First, let me thank the Committee for the good work it has done in giving us the best candidates for these two positions that were announced by the Commission. I also want to thank the President for putting Samburu on top today. I have complained more than many times here that we always come to approve names here for big positions and Samburu has always been appearing very minimally. However, today, Hon. Temporary Speaker, we are the happiest county. One of our own has been appointed to a good position. We know Ms Antonina deserves this position because of the good work she has done for this country, from her position as a teacher to the position of Director that she currently holds. She is a very calm and bright lady, always ready to serve. I know that she is going to bring a wealth of experience to the Commission and provide good service to the teachers of this country.

So, let me thank the Departmental Committee on Education for giving us this opportunity, and the President, very sincerely, for giving Samburu County this position. I am sure Ms Antonina will not let you down, and she will not let down this country. She is going to bring a wealth of experience and serve this country diligently.

Thank you, Hon. Temporary Speaker.

Hon. Omboko.

Thank you. I support and thank the President for nominating the two. Antonina is a perfect machine at the TSC. She understands the system, and so she can do that work very well. Hon. Sossion is very experienced, and I thank the President for nominating a trade unionist to be a commissioner.

Hon. Sossion, you are our first person in that position. Therefore, do a good job so that in the future, trade unionists can also be considered for these serious positions. We are putting our eggs and all our investment in you to do a perfect job. What the Commission now requires is bravery and the ability to move forward, because we are lacking that agility to just make next steps. As you join the Commission, the two of you being very seasoned, you are confronted with the following issues, which you must tackle.

One, the Collective Bargaining Agreement (CBA) for teachers has not been completed, and there is a promissory note that the remaining Ksh16 billion be paid in one phase. These are business issues that you are confronted with.

Two, on the promotion of teachers, a promissory note from His Excellency is that there must be 50,000 teachers promoted per year, but the number given is 34,000 teachers per year. Therefore, you have a balance of 16 000 teachers to go and make sure that this happens while you are commissioners. You reach out to the Salaries and Remuneration Commission (SRC), the Presidency and the Ministry of Education to actualise what the President wanted to actualise for teachers.

Although the Career Progression Guidelines (CPGs) are not yet completed, teachers are waiting for the full realisation of it. The career progression has led to stagnation of teachers in the same job groups for the longest time.

Job evaluation is one problem that teachers are facing, and which has prevented them from being promoted, because job evaluation has never been done. I think, Hon. Sossion, you will be doing the best job here because you remember the woods we went through over the job evaluation for teachers. You now have a chance to actualise it so that teachers can benefit after the job evaluation.

As the two of you join the TSC, remember that more than half of the teachers are stagnated in C2, C3 and C4. But above all, half of the principals and deputies are acting. Therefore, we hope you will put in new effort to make sure that the acting teachers are made permanent and pensionable. There is a lot of exploitation of teachers serving as deputies and

I know Members are raising their hands, but I have a full screen. So, allow us to try and follow as much as we can.

Hon. Murugara.

Thank you very much, Hon. Temporary Speaker. Allow me to also voice my support for these two nominees, and thank the Departmental Committee on Education for work well done. As for Hon. Wilson Sossion, for sure, everybody knows him in this country. He has spoken for the teachers with fervour, with passion, dedication, and zeal, and we cannot, under any circumstances, oppose his nomination. But we remind him that he has actually been speaking. Now he has to act. Let him act on behalf of the teachers so that wherever they are, they are satisfied with their jobs.

As regards the young lady, Ms Antonina, who shares a name with a colleague of mine here, who is also my friend, this is a lady I have known for a while. She served as the County Director of TSC in Tharaka Nithi, and by the time she left, all teachers were actually very fond of her. They were extremely happy with her service, and when she left, they were in gloom. She went to some county in the Rift Valley; I cannot remember whether it was Nakuru, but eventually she came over here as Staffing Director. She has done a fantastic job. We have no reason whatsoever not to approve her. Let her extend that expertise now to serving teachers in this different capacity. I support.

Hon. Makilap.

Thank you.

On a point of order, Hon. Temporary Speaker.

Hon. Kamket, what is out of order? Hon. Makilap, hold on.

Let me finish.

Hon. Temporary Speaker, I rise on Standing Order No. 95. Given that the House has agreed on this Motion, much of what is being said is repetitive. May I ask that the Mover be called upon to reply?

We have other pending business.

Hon. Members, the Member is well within the Standing Orders to rise in his place and request that the Mover be called upon to reply, but it is definitely a decision of the House. So, allow me, because Hon. Makilap was on his feet, to allow him to make his contribution, and then I will put the Question.

Thank you, Hon. Temporary Speaker. I rise to support this Report of the Departmental Committee on Education on the approval of Hon. Sossion Wilson and Ms Antonina Lentoijoni. I have known the two for many years. I served in the Union as the Chairman of the Kenya National Union of Teachers (KNUT) in Baringo when Hon. Sossion was the Secretary of Bomet, and served as the Vice-Chairman of Rift Valley when we nominated Hon. Sossion to the National Executive Council (NEC).

Hon. Temporary Speaker, the gentleman, Hon. Sossion, is a man who has a lot of knowledge and experience in the teaching profession, both as an activist in the KNUT and an advocate for teachers of Kenya, and now as our policy decision-maker. We asked Hon. Sossion how he will manage the combative politics of KNUT and being a commissioner in TSC. Hon. Sossion assured this Committee that he will undergo metamorphosis and behave in accordance with the law and the standards of a commissioner. We were satisfied because this man brings in a lot of experience internally and externally from unions all over the world. That is the right person for the right job.

On Ms Antonina Lentoijoni, you know very well that, after serving in the union, I served in your constituency as Staffing Officer. My boss then was Ms Antonina. To make things even better, this girl from Samburu broke the ranks to teach Mathematics for many years, a subject that has been very difficult for others to teach. That is the jewel that has grown within TSC, from a classroom teacher of Mathematics all the way to Director of Staffing. Being the Director of Staffing at TSC is a serious matter. Director of Staffing in TSC is a senior position. You are in charge of recruitment and promotion of 400,000 teachers. She managed recruitment and promotion of teachers, as well as the unions. That lady is the jewel that is required in the Commission. Hon. Sossion is the knowledge that is required in the Commission. We hope that CBAs will not take teachers to the streets again because we have the best minds in the Commission.

With these remarks, I call upon Members to find favour in their hearts and approve these two nominees to serve as members of the TSC. I support the Motion.

The Member for Baringo North has really shunned intimidation from his neighbourhood to finish his contribution. Hon. Members, a Member rose in his place and requested that we call upon the Mover to reply, and I will do that.

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

Mover.

Thank you, Hon. Temporary Speaker. I thank the House and Members for their contribution. I also thank the Clerk of the National Assembly and the Speaker of the National Assembly for facilitating the vetting process. The members of the public participated a lot. This approval hearing process is quite important because it involves all the members of the public. The courts also had their say. Finally, the House has spoken.

Lastly, I thank the Clerk Assistants, secretariat of the Committee, the Directorates and everyone who participated in making this process a success. It went on very well. I support the Motion.

You should reply.

I beg to reply. (Question put and agreed to)

Hon. Members, as we had been directed by the Speaker, the Cabinet Secretary for the National Treasury and Economic Planning is supposed to be in the House. I see Leader of the Majority Party has already brought him here. He will respond to two specific Questions that are in the Order Paper. (Hon. Patrick Makau spoke off the record) What is out of order Member for Mavoko?

Hon. Temporary Speaker, I am on a point of inquiry.

I did not know we have a point of inquiry. I do not know which Standing Orders you are using, Hon. King’ola. Give him the microphone.

Thank you very much, Hon. Temporary Speaker. Recently, we passed a law that all former Members of Parliament will not be appointed to any Government institution.

Order, Hon. Makau. Unless you do not read your laws, you are totally out of order.

Hon. Members, the Cabinet Secretary is here to respond to two questions from the Member for Tiaty and the Member for Samburu West, Hon. Naisula Lesuuda. Cabinet Secretary and your team, you are welcome. We will go direct to the Questions. According to Hon. Speaker’s direction, the Cabinet Secretary will answer these two Questions. Therefore, let us be relevant and focused on them.

Member for Tiaty, ask Question 21/2026.

Hon. Temporary Speaker, I rise to ask the Cabinet Secretary for National Treasury and Economic Planning the following Question:

Could the Cabinet Secretary—

Are you reading the same Question I am reading? Do not add words.

Very well. Cabinet Secretary. The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Thank you very much, Hon. Temporary Speaker and Hon. Members of the National Assembly.

I would like to respond to the questions raised by Hon. Kamket, but allow me to start by giving a brief background on the Equalisation Fund. It is established under Article 204 of our Constitution 2010. It requires that 0.5 per cent of all revenue collected by the national Government each year, calculated on the basis of the most recent audited revenue as approved by the National Assembly, be paid to the Fund. Under Article 204(2) of the Constitution, the national Government may use the Fund only to provide basic services including water, roads, health facilities and electricity to marginalised areas to the extent necessary to bring the quality of those services to the level generally enjoyed by the rest of the nation so far as possible.

The Fund is currently operationalised by the Public Finance Management (Equalisation Fund Administration) Regulations, 2021. They provided for the establishment of the Equalisation Fund Board, Secretariat and County Technical Committees in beneficiary counties. The National Treasury developed an appropriate instrument for the administration of the Fund.

This submission is made to facilitate the discussion whereby the Cabinet Secretary for the National Treasury and Economic Planning has been scheduled to appear here today to address two Questions. I will start with this one by Hon. William Kamket. I am required to address three questions relating to the same topic and then give an explanation and status report of the Equalisation Fund, in terms of how it has been utilised, more specifically in Baringo County.

I am required to report on the implementation status of the Equalisation Fund for the years ending 30th June 2023 and 2024 in Baringo County, including the amounts allocated and disbursed, and the status of the projects undertaken. The Equalisation Fund Appropriation Act of 2023 appropriated Ksh595,027,099 for the provision of basic services, water, roads, health and electricity to the 90 marginalised areas spread across 15 wards and four constituencies in Baringo County. The position is summarised in the table below, which indicates the amount appropriated as well as the marginalised areas, wards and constituencies in terms of project coverage. The project proposals submitted were valued at Ksh592 million for 150 projects, while the Board approved 140 projects.

Hold on, Cabinet Secretary. Hon. Kamket, what is out of order? Give Hon. Kamket the microphone.

Hon. Temporary Speaker, I did not want to interrupt the Cabinet Secretary, but…

You have already interrupted.

I did not want to interrupt the Cabinet Secretary. I do not have a copy of what he is reading. Parliamentary practice is that he should have provided the response earlier. He is reading his own things and we do not know what he is referring to.

Hon. Kamket, we will organise for you to get a copy, but this response is for the House. So, we…

He should have even given the response to the House, not just to me.

It will be given, but in the meantime, let the Cabinet Secretary give the response. You will receive a copy. Yes, Hon. Sunkuli.

The Cabinet Secretary is referring to the ‘table below’. This presupposes that we have a written document to enable us to follow the table. I am sure he does not want to read it because he believes that the response has already been supplied.

Clerk-at-the Table, can we get the response in circulation? Yes, Hon. Rutto. (Hon. Julius Rutto spoke off the record) Hon. Rutto, it is also because you are not using your card, which makes it difficult to locate you.

Thank you, Hon. Temporary Speaker. You have indicated what I wanted to say. In the interest of time and considering that it is not easy for the Cabinet Secretary to find time to be here today, given how busy ministries are, would you officially guide that copies be provided to us so that we can follow?

I already did. Let this apply to both Questions because, without pre-empting the other Question, I can see that it also has some breakdowns that Members will need to follow as the Cabinet Secretary reads. Cabinet Secretary, please proceed as we get the copies. Clerk-at-the-Table, how far are we? Please give Hon. Kamket the first copy. He already has a copy. Proceed, Cabinet Secretary.

The Cabinet Secretary for the National Treasury and Economic Planning (Hon. John Mbadi): Thank you, Hon. Temporary Speaker. My apologies for the late submission of this response to the Hon. Members.

The first item in the table I was referring to is the amount appropriated under the Equalisation Fund Appropriation Act, 2023. For Baringo County, the amount was Ksh595,027,099. I have also indicated that 90 marginalised areas were identified, covering 15 wards and four constituencies. Then project proposals submitted were valued at Ksh592,869,000, covering 150 projects, of which 144 were approved by the Board. The

Hon. Kamket, hold it a bit. Hon. Members, I know that you have many follow-up questions and considerable interest in this matter. However, in the interest of order, let us allow the Member for Samburu West to ask her question and the Cabinet Secretary to respond. We will then take any follow-up questions together. Member for Samburu West.

Question 24/2026

Thank you, Hon. Temporary Speaker. I rise to ask the Cabinet Secretary for National Treasury and Economic Planning the following Question:

Could the Cabinet Secretary—

Cabinet Secretary. The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Thank you, Hon. Temporary Speaker. I will not go back to the background because I did so while responding to Hon. Kamket’s question.

To the questions raised by the Member for Samburu West, Hon. Naisula Lesuuda, first, I will address the status of the Equalisation Fund. On the status of the transfers, cumulative receipts into the Fund since its inception amount to Ksh22,422,361,366, against cumulative constitutional entitlements of Ksh90,343,414,499. I hope Members now have the response.

The table titled “Entitlement, Payment and Arrears to the Equalisation Fund as at 30th June 2026” sets out the position. Entitlement, Payment and Arrears to the Equalisation Fund as at 30th June 2026 S/N Financial Year

Base Year Audited & Approved Revenues (Ksh) EF Entitlement (0.5 per cent) Amount in Dollars (Ksh) Payment into EF (Ksh) Arrears (Ksh) 2011/12

2008/09 468,151,970,000 2,340,759,850 — 2012/13

2009/10 529,300,000,000 2,646,500,000 — 2013/14

2009/10 529,300,000,000 2,646,500,000 — 2014/15

2009/10 529,300,000,000 2,646,500,000 3,400,000,000 400,000,000 3,000,000,000

Very well. Hon. Members, allow me to first give Hon. Kamket an opportunity for any clarification or follow-up question. Then we will go to Hon. Naisula. Hon. Cabinet Secretary, kindly take note of the follow-up questions.

Thank you, Hon. Temporary Speaker. The Cabinet Secretary, in his response, stated that the National Treasury will seek the advice of the Office of the Attorney-General on a review of the 2019 High Court judgment and will submit a revised position for consideration once that advice is obtained. I want to ask the Cabinet Secretary whether it is his position, therefore, that he is not satisfied with the judgment of the court. Given what is happening on the ground, why has it taken him too long to seek that advice in order to review the regulations and consider reverting to the old guidelines, or even guidelines that allow the Cabinet Secretary to directly utilise the funds given the amount of theft occurring at the county level?

Secondly, we are talking here politely about administrative delays but what we are talking about is that we have situations such as in Baringo, where there is intra-county marginalization. There is a deliberate delay by the county government, led by the County Governor and the County Executive Committee Members, in implementing this Fund. That is why you will find that implementation is at 29 per cent. Tiaty is the most marginalized constituency in Kenya. It is a shame that the county government is not able to implement this Fund to help the people of that constituency.

Those are the clarifications that I need for now.

Very well. Member for Samburu West.

Thank you very much, Hon. Temporary Speaker, and thank you Cabinet Secretary for your response. Even though I feel that the responses were just lifted from somewhere, they are very book-smart. However, I need answers, especially from where you sit as the Cabinet Secretary who supervises and releases these funds under the Equalization Fund.

First, there are arrears amounting to 75.2 per cent of the total entitlement since we started implementing the Equalization Fund. That is over Ksh67 billion. I would like to know from the Cabinet Secretary what plans are in place to ensure that those funds are released, because we will continue accumulating more arrears every financial year yet there was a reason as to why the Equalization Fund was initially provided for in our Constitution. What plans are in place to ensure that the arrears are cleared as soon as possible?

Secondly, I have listened to the Cabinet Secretary, and I remember that this House, during the Second Policy, discussed why we moved from 14 to 34 counties. I would like to know the view of the Cabinet Secretary because, although CRA is an independent Commission, the Cabinet Secretary could tell us whether there was a reason why the drafters of the Constitution provided for the initial 14 counties.

We are now spreading the funds thin across 34 counties, and we are even considering increasing that number. Even as we think about the third policy, I am not sure when it is supposed to come, but I think the Cabinet Secretary should be keen on it as well. We are looking at counties that have been marginalized for many years: A county where, from one corner to another, there is no tarmac; and, a county where water is scarce from one corner to another. We cannot have pockets of a county that are developed, perhaps only a particular ward, and then include them and spread this money thinly.

I have indulged the two, because they were the original questioners. I know that there are a lot of joyriders but, Cabinet Secretary, I would like you to first respond to those questions. If there are any other follow-up questions, we will go to them. Respond to the two first.

The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Thank you very much, Hon. Temporary Speaker. Let me respond to the two questions raised by the questioners, beginning with Hon. Kamket.

Hon. Kamket asked me specifically about my indication that we are seeking advice from the Attorney-General on whether to seek a review of the judgment, and whether this is an indication that I am not satisfied with the judgment.

First, we lost the appeal because we did not appeal it. Therefore, what we can do is seek a review. I am told by lawyers that this is permitted and allowable. As to whether I agree with the judgment, my position - this is the position of a non-lawyer - is that the Constitution speaks to implementation either directly or as conditional grants. In my view, the judge should have considered that the national Government also has the constitutional mandate to implement projects directly. However, I do not want to question the wisdom of the judgment or appear to be doing so. That is why I am going to seek an opinion from the Attorney-General on how to progress. Let me be very categorical about it. We are going to seek that advice.

In terms of inter-county marginalization, I cannot agree more. As a matter of fact, on the whole question of devolution, we need to start asking ourselves whether we are devolving resources sufficiently or enough to the grassroots. We assumed that once we devolve resources from the centre, the national Government to counties, sanity would prevail at that local level. At times you find some areas within a county being marginalized for whatever reason, either clan or voting demographics. So, I agree that that needs to be looked into.

I do not really understand when Hon. Kamket says that there is a deliberate delay, probably, bordering on sabotage of projects. It is my belief and understanding that projects are actually generated by the same county governments. Their projects come through the Project Identification and Implementation Committee, which are then cascaded to sub-counties. So, I do not see why counties would again fail to implement projects they have participated and facilitated at identifying. In the event of inefficiencies, like it is in Baringo County, we can suspend. The law allows us to suspend funding of such projects. We can take action on that if it is reported to us and we ascertain that there is inefficiency.

Hon. Lesuuda asked two questions on plans that I have to eliminate the accumulation of arrears. This Fund has had challenges from the beginning. By the way, the first financial year which would have seen the Fund having resources was 2010/2011. Immediately the Constitution was passed, the Fund was not suspended but because there was no legal framework and a lot of challenges from the beginning, it took about three financial years, if not more, before the Fund was put into effect. That led to challenges on this Fund. There have been issues with formulas and now we have accumulated too much arrears.

I am not passing judgement on this House but the other problem we have noticed is that every time we have supplementary budget revisions, even without being proposed from the

On a point of order, Hon. Temporary Speaker.

Hon. Members, many hands are being raised. Allow me to indulge Hon. Kamket. What is out of order?

Thank you very much for indulging me. I did not want the Cabinet Secretary to get away with the final part of his answer. This is because the First Policy left Tiaty out of the group of marginalized areas. I am informed by Hon. Makilap that Baringo and Tiaty were left out. Thank you. When the Second Policy was done, it became clear that the most marginalized constituency in Kenya is Tiaty. If the First Policy did not identify that, how wrong is the second one? I think marginalization is not a birth right of anyone. Those who were in the First Policy must not be mean to the extent of denying others who benefited through the Second Policy.

Okay, Hon. Members.

So, the Cabinet Secretary should not go that route. The CRA did the right thing by going to the sub-location level in order to get the right report on marginalization.

You have made your point. Hon. Kamket and Hon. Members, we have had this debate, not once in this House. Some of you were proponents of the review of the First Policy to increase the number of benefiting counties. Some of you did not supported that review. The Cabinet Secretary was answering the question

Thank you, Hon. Temporary Speaker. I will be very brief. The last question was about the impact of the projects. He stated that the projects were complete. It almost ties to the second question in terms of the impact of the projects that are being implemented, especially at the county level.

In fact, Cabinet Secretary, Hon. Naisula's first take was, “Do you personally feel the spirit of what the Equalization Fund was to achieve? Has it achieved that?” That was the question.

The Cabinet Secretary for National Treasury and Economic Planning (Hon John Mbadi): Hon. Temporary Speaker, to be honest with ourselves, this Fund has not achieved its intended objective because we have spread it too thin. That is why I still go back to my position. It can be true that probably we left one county with the first formula, which can be considered but increasing the benefiting counties to 34 and spreading it across the country, where almost every county has some pockets of marginalization, is missing the original intention of the Equalisation Fund.

Hon. Temporary Speaker, when we were debating on the Equalization Fund, I was in this House. Some of us argued that even Nairobi City County has areas which are marginalized. At times, we confuse poverty with marginalization. The two are not the same. There is poverty and marginalization. We can use different strategies to address both of them. There is urban poor, rural poor and then we have marginalized areas. You do not need rocket science to know an area that is marginalized. You just drive there or visit it, and you will see real marginalization. I am happy because the Constitution even identified what is meant by marginalization: roads, health facilities, education, water and electricity. Clearly, you can easily determine an area which is marginalized on that basis.

Hon. Lesuuda asked whether the Equalization Fund has achieved its objective. It has largely not achieved its objective, but to some extent it has. Some of the projects have made a lot of difference in people's lives in some of those areas. I visited a few areas where I saw what the Fund has done. However, bringing the country to near equality or equalization as we had intended is important. A country that is unequal is very difficult to govern.

Sometimes we just laugh about some of these things and even put them on social media and compare. We tell others to see how Makilap’s Constituency is dusty, and others construct a smooth road leading to their bedrooms. You know very well that Makilap’s taxes are on your road. Even if it was not his taxes, he is paying debts that were taken by some leaders who come from your village, who made sure that you have roads. Because his area has not produced a leader, then their roads are dusty, and then you laugh at them. It is something that can bring civil unrest. It can create a problem in the society.

Part of what we saw in 2007 was the thinking in people's minds that they were being marginalized. That is why we almost lost our country. As a Cabinet Secretary, I am not speaking as someone who comes from one corner of this country. I know part of this money has gone even to Suba South to address marginalization in some sub-locations there. I am not the Cabinet Secretary for Suba South. I am speaking about Kenya. I know for sure that there are areas which are so marginalized that they need this money more than other areas.

Thank you, Hon. Temporary Speaker.

Hon. Members, I know there is a lot of interest in this issue. If we keep the questions brief and precise, very many of us will speak.

Let us hear the Member for Marakwet West.

Thank you, Hon. Temporary Speaker and Cabinet Secretary. Under Table 4 of your submission, Elgeyo Marakwet County, as at the end of this August, has received zero allocation. Give us the reasons that informs this position. Since the Constitution was passed, we have never had an Equalization Fund law. We have only subsidiary legislation and budget laws. There is no standalone substantive legislation on the Equalization Fund. As the Cabinet Secretary for the National Treasury and Economic Planning, do you think that if we enact a substantive legislation on the Equalisation Fund, we will unlock the challenges that we have, especially on the definition of terms like pockets of marginalization which, in my opinion, was never envisaged by the Constitution?

Finally, under the current Regulations, Regulation 8 (g) expressly mandates the Equalization Fund Advisory Board to establish a framework for collaboration between the national Government and county governments. Why has this framework, which provides for collaboration between the national Government and the county governments, not been established so as to give effect to Article 6 (2) of the Constitution?

Thank you, Hon. Temporary Speaker.

Member for Funyula.

Thank you, Hon. Temporary Speaker. I have looked at Table 4 and I am intrigued. Probably, the Cabinet Secretary can explain why Garissa has zero absorption and why Busia, with a small pocket in Budalang’i, has zero absorption.

You need to guide the Cabinet Secretary that Members of Parliament are not some elements from here. We are Members of Parliament. If he was irked because we exposed the hypocrisy in Homa Bay County, we can do it out there at a public rally.

Thank you.

Let us have the Member for Moyale. Hon. Members, I am trying to follow the requests’ list. If you would like to speak on this issue, press the intervention button.

This is a very important debate which cannot be closed.

It is not a debate, Hon. Members. These are follow-up questions.

If you look at the composition of the team at the county level, the County Commissioner is the Chairperson but when it comes to the implementation of the projects, it is purely done by the county government. The decisions are made by the national Government administration and other members.

How come the implementation of the projects funded by the Equalization Fund, like those in the education and energy sectors, are implemented by the county governments yet they are not devolved functions? The projects which we proposed in the Financial Year 2022/2023 have not been implemented to-date because the County Government of Marsabit wants to divert money meant for acquisition of transformers to construction, making us lose direction. Why did you allow the county governments to implement functions which are not devolved?

Thank you.

Next is Hon. Lochakapong.

Thank you, Hon. Temporary Speaker. First of all, I commend the Cabinet Secretary for the timely disbursement of the National Government Constituencies Development Fund (NG-CDF).

Let me now comment on the Equalization Fund. The response by the Cabinet Secretary looks very good on paper but at the grassroots, things are not as good as they are being presented here. On page seven of this presentation, we have the Project Identification and

Cabinet Secretary, I hope you are noting the questions. I know some of them will overlap. You can note the specific issues raised for each county.

Next is Hon. Keynan.

Thank you, Hon. Temporary Speaker. It is unfortunate, especially for those of us who were part and parcel of the inclusion of this particular provision in the Constitution, just like my friend, the Cabinet Secretary. I am sure you were also in Parliament at the time. We need to understand the history behind the inclusion of this provision in the Constitution of Kenya, 2010. I remember that you were a nominated Member of Parliament then.

At that time, we had three contending groups. One group wanted a purely presidential system, another group wanted a purely parliamentary system, while a third group wanted devolution and resource allocation. When we converged in Naivasha towards the end, when there was almost a disagreement, we sat down and said, "Let there be a middle ground." That is the middle ground for those who wanted a purely presidential system, those who wanted a purely parliamentary system and those who wanted devolution and the Equalization Fund.

The Equalization Fund, as we all know, was based on the Marshall Plan of 1948, which was a United States programme designed to support the recovery of European countries after the Second World War. This is my question to my good friend, the Cabinet Secretary. I must go on record and say that you are one of the best Cabinet Secretaries and Ministers for Finance this country has ever had. I took some time to analyse what they have done for Kenyans. For a person like me, who has been here for quite some time and interacted with many Ministers for Finance and Cabinet Secretaries for National Treasury and Economic Planning, that holistic approach to looking at the face of Kenya is what we have lacked.

Today, I wanted to ask you two of the questions but you have already answered one affirmatively: Does the current Equalization Fund policy reflect the thinking of the framers of

Hon. Keynan, the problem is that if we make it a debate, everyone will take ten minutes.

This is the question. Can the letter and spirit of the current Constitution be altered by a commission because of pressure from the political class? That is exactly what the Second Policy has done. If that is the case, are we duty-bound as Members of Parliament to continue funding the Equalization Fund? The answer is that there is no single Equalization Fund project in Wajir. I am on record saying this before. I want to be challenged on it. To that extent, I want to declare the Equalization Fund completely dead. Do not waste your money. It has become a cash cow for governors. Let us call a spade a spade. We cannot spend billions of shillings simply to cover the failures of a clique of leaders.

I want to urge you, and I will go on record...

On a point of information, Hon. Temporary Speaker.

Order, Members.

Of course, you are competent enough to inform me.

Proceed, Leader of the Majority Party.

Hon. Temporary Speaker, I have seen how Hon. Keynan has become emotional on this matter. He is having very animated debate because of the pain that people in many counties have suffered as a result of the failure in implementation of Equalization Fund projects. Rather than simply trying to slow down Hon. Keynan, I want to agree with him that what has prevented many marginalized counties and areas from accessing projects that benefit their people is probably a constitutional problem, as he has put it. However, the National Treasury can also help by defining the kinds of projects that can, and should, be funded through the Equalization Fund and finding ways to stop duplication. The reason Hon. Keynan says it has become a cash cow is that a governor may identify the construction of a borehole in a particular locality for funding through the Equalization Fund, and then they equally budget for the same project from the county's equitable share of revenue. That is where the problem of accountability and misuse of funds arises.

Perhaps I could ask Hon. Keynan, as he concludes, because this matter is very emotive… You can see how animated he has been in his contribution. We also have other business, especially important Bills coming up for consideration in Committee of the whole House. Let us try to wind up and conclude this matter.

Hon. Temporary Speaker, you realise that the Leader of the Majority Party is very crafty. He has achieved what he wanted. Let me conclude, and thank you for the time. I am glad that you have been around even when we were doing this. The Cabinet Secretary has realized that both the letter and spirit of Article 204 of the Constitution have been deliberately disregarded. The Second Policy completely disregarded the letter and spirit of the Constitution. The number of counties set to benefit was increased from 14 to 34. All this was done maliciously, capriciously and in a manner that is offensive both to those who were meant to benefit and to the architects of the Constitution. Will you be kind enough to consider this and say that, notwithstanding all other interpretations, it is no longer viable or wise to continue funding this until the stakeholders come together and develop

Hon. Members, as has been said, this issue is very emotive. Cabinet Secretary, the issues being raised are very similar. There is the issue of overlap of mandates, the issue of vesting, including procurement at the county level, and the issue of accountability. However, Members, I do not want us to simply leave everything to the Cabinet Secretary because you also have a responsibility as Members of this House. You have the power of appropriation. You cannot tell the Cabinet Secretary not to implement when you have already appropriated the money. Therefore, it is a shared responsibility. Allow the Cabinet Secretary to respond. If there is anything that has not been answered, we will follow it up. Hon. Cabinet Secretary, I hope that in responding to these major issues, you will have covered the concerns raised by Members.

The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Thank you, Hon. Temporary Speaker. I completely agree with you because I think the issues are basically common. I will start with why some counties have not implemented any projects. Some counties have implemented zero projects not because there was no financial allocation to them. You can tell that there was allocation, but they either did not prepare proposals or they did not implement anything. So, we must call it what it is - there are generally challenges around that space.

On whether we need a stand-alone law, my view is no. The Public Finance Management Act is very detailed. By the way, before we came up with the Public Finance Management Act, after the Constitution was enacted, we had too many laws that dealt with public finance that caused confusion. Some of them were contradicting each other. So, what we decided to do was to collapse all the public finance management laws into one. That is why we have the Public Finance Management Act. We can generate regulations out of it, including for the Equalization Fund, which will give the details. If there is inadequacy in the regulations, we can work on it.

Whether there is collaboration between the county government and the national Government, the answer is yes. Actually, we have a lot of collaboration. In the committees that I mentioned, there are national Government officials and also… (Hon. William Kamket spoke off the record)

Hon. Kamket, who do you want to inform? Allow the Cabinet Secretary to finish.

The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Thank you, Hon. Temporary Speaker. If you look at the committees, there is collaboration. The county governments and the national Government are supposed to be working together. As to whether the committees are effective and efficient, that is another issue.

Hon. Oundo asked why Garissa has received zero allocation from the Equalization Fund. It is not that we have not made transfers to Garissa. This is about implementation. I have mentioned here a number of reasons as to why some counties have failed to implement.

On whether I referred to some Members here as characters, I do not think I did so. I talked about some characters whom I saw moving around. I do not know whether they were Members of Parliament or not, but they were some characters.

Order, Hon. Cabinet Secretary! I beseech you not to get into politics.

The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): I was actually talking about marginalization.

Yes, go back to marginalization. The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): You know, when people who have been marginalized for many years feel that they are being considered and you bring them confusion, they will get very angry because they suffered for years without seeing any development. So, when they start seeing development and you bring issues to them, they will not be happy and they will block you even with their hands. That is not politics. It is actually the reality.

Let me respond to the other questions. On decisions made by the national Government and implementation done by counties, as a matter of fact, as I had stated in my initial response, we started implementing the projects directly. However, based on the High Court decision of 2019 that threw us back - that, the county governments must implement the Equalization Fund Projects - we have to look for a way of obeying and respecting that court order. However, I have indicated that I am going to ask the Attorney-General to seek a review of that decision, so that we have a better implementation of Equalization Fund projects.

Lochakapong. Lochaks. The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Lochakapong. You know, I am used to Lonyangapuo, the presidential candidate. Maybe, I am wishing him to be one soon.

Lochakapuo, in terms of NG-CDF...

Order! He is called, Hon. Lochakapong or if you wish, Lochaks.

Hon. Members, this is spent.

Thank you, Hon. Temporary Speaker. I want to make a value addition. Number one, to the Cabinet Secretary, this Fund lapses in

Allow him 30 seconds.

There is a problem that needs the Cabinet Secretary's attention. Why the county governors? I have sat in that committee in the county. The problem is that the governors and their County Executive Committee Members say that this Fund has been given to us without operationalisation or administration funds. Therefore, mpaka walete pesa.

Hon. Kamket.

Hon. Temporary Speaker, the elephant in the room, this is for the Cabinet Secretary, is the procurement role. Unless you address that matter of procurement, this Fund will continue to be wasted. I do not think that regulations alone, or the introduction of a stand-alone law, might be the cure to this problem. You have been identified as an expert Cabinet Secretary. Please, you have listened to the cries of Members. Please, solve the problem of procurement. Remove procurement from county governments. That is where the problem is.

Thank you.

Finally, Hon. Temporary Speaker, Article 204(2) of this Constitution speaks about marginalised areas. I can read: "The national Government shall use the Equalisation Fund only to provide basic services... to marginalised areas."

Where does the Constitution speak about marginalised counties? I want to ask Members: when you bastardise the Second Policy, where do you get your strength from? The Constitution speaks about marginalised areas!

Correct, not counties.

Not counties.

Thank you. Hon. Emathe, please, one minute.

Thank you, Hon. Temporary Speaker. Mine are two questions. Number one, check Tables 3 and 4. Table 3 shows that Turkana County has never received the Ksh148.5 million since 2018. Now, in this other disbursement, maybe, for Financial Year 2022/2023, you are saying we are 93 per cent disbursed. So, the question is: how can we recover the Ksh148.5 million as a disbursement?

Number two, I need you to confirm if you have received projects for Financial Year 2026/2027, that is, the current disbursement. If you have received them, I want to tell you in this House that there was no public participation.

Hon. Pukose, one minute.

Thank you, Hon. Temporary Speaker, and thank you, Cabinet Secretary. The biggest problem about this is that when the Budget and Appropriations Committee tables this here, the Equalisation Fund will be rejected by the House. Therefore, I think you need to be aware of why you are here. The Committee was going to vote to reject this.

The second point in my one minute is about Endebess, which is part of Trans Nzoia. You have indicated zero, but the project is actually almost 50 per cent done. It is a hospital at a place called Nawiapong. So, when you say that in some of those places the projects have not been done, it is not true. The data that you presented…

Cabinet Secretary, the data in your answer, let that be confirmed. That is one minute. Hon. Lekakeny.

Hon. Temporary Speaker, I really appreciate the answers from the Cabinet Secretary because he seems to be on the same side as the House. Therefore, there is one thing that the Cabinet Secretary could do, because he has said he can do it. The regulations can come to us now because there are some things which the judgment did not rule out, and did not say you cannot do. For instance, if you give money to the counties and they do not pay their contractors, who will be liable in the end? Those should be in the regulations. I want to urge you, together with what Hon. Makilap just said, to take the quick actions that you can take to save this thing.

Hon. Nyikal.

Thank you, Hon. Temporary Speaker. The issue is structural at the point of implementation of the project. An Hon. Member asked, "Who is the procurement agent?" That is where the problem is. Then the next one is, “Who is the signatory to the account? You remember that in the National Government Constituencies Development Fund, you have the community as signatories. If you build a classroom, the head teacher and a member of the committee are signatories. So, the Fund manager alone cannot be the one. Simply, at that point, who is the procurement agent and who is the signatory? Involve the committee in that. It may help at this point.

Hon. Keynan.

Hon. Temporary Speaker, you realise that there is a problem with the interpretation of Article 204. Because of that confusion, we are unable to use these funds, which have constitutional timelines. I want to suggest to the Cabinet Secretary, now that we have a Cabinet Secretary, not to say "expert"… Indeed, he is an expert. He is one of the best Finance Cabinet Secretaries this country has had since Independence. So, do not use "expert". He is a real expert.

I want to suggest to the Members that, because of this… I am a very concerned Kenyan and legislator who has been part of the history. I suggest that we form a Select Committee which will address all the issues surrounding the Equalisation Fund by taking note of those architects of the current Constitution, looking at all the court challenges, the demands of the

Order! Hon. Keynan, you know you are a Member of this House of long standing. You know what you need to do if you propose a Select Committee. I would have been happy to listen to you if there was a... You know, in this House we have had Select Committees, even in this term of Parliament, to deal with constitutional amendments and all that. (Several Hon. Members raised their hands) No, this has to come to an end.

The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Thank you. (Hon. Peter Lochakapong spoke off the record)

Cabinet Secretary, take your seat for a minute. Hon. Lochakapong you had your chance. Let me give this chance to Hon. Sunkuyia. Please, make it a minute. Go ahead.

Thank you, Hon. Temporary Speaker. Before the 2010 Constitution and the amendment of the Standing Orders in 2023, the cabinet secretaries never used to appear before this House, but the laws were changed requiring them to appear before the House. It is prudent for this House to amend the Equalisation Fund Act to require procurement, accounting, and other processes to be done by the national Government. This is a cash cow for governors. They are not even using their resources. They are now depending on the Equalisation Fund. These people should ensure that they are not touching this money.

The point is well made. Hon. Akujah.

Hon. Temporary Speaker, my question goes to the Cabinet Secretary. Is there a provision in law that caps the minimum and maximum money allocated for particular projects? This is because we are seeing projects of Ksh2 million or Ksh1.5 million in counties yet the Equalisation Fund is supposed to equalise marginalised counties to counties that went ahead according to the Sessional Paper No. 10 of 1965. This money is supposed to do flagship projects of at least Ksh20 million. Is there a capping and what is the minimum and the maximum?

Cabinet Secretary, you can now respond to those questions. I can assure you these are the last ones on this matter.

The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Thank you. I will try to be brief because I can see time has really gone.

Hon. Makilap, this fund actually lapses in 2031. You have stated that the County Executive Committee (CEC) members and the governors are saying that there is no administrative component of the Fund, but this was deliberate. If you allowed this Fund to be used for administration purposes, it would lose its meaning. We are already crying that the

As it should be because we were set up for different reasons.

The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Exactly, but again, it is expected that what guides us is the interest of the public we serve! We serve the same constituencies anyway. There is no constituency which does not belong to a county. All constituencies are domiciled in counties. That leads me to talk about the interpretation of Article 204. I think I have responded to that.

Regarding procuring, it is difficult to separate procurement from implementation of projects. We need to be very clear on that. As of now, county government officials are signatories to the accounts because the money is being utilized at the county level. There is a special purpose.

Order! Hon. Wanjala, you cannot walk in and disrupt the Cabinet Secretary. Order! Take your seat. Cabinet Secretary, this is a ranking Member. I would like you to take a seat so I can listen to him for a minute. It better be something serious. Go ahead, Hon. Wanjala.

Thank you, Hon. Temporary Speaker. I am one of the people who advocated for this money to be entrenched in the Constitution. Budalang’i is one of the beneficiaries, but for the last 14 years this money has been coming through the county government. To date, we have never seen this money. We are supposed to get Ksh5 million every year, which we have been receiving. For the last 14 years, we have not seen this money in Budalang’i.

Hon. Wanjala, what you have said is appreciated. It is what all Members have talked about. If you were here earlier, you would have noted that every other Member has raised the same concerns you have mentioned, and the Cabinet Secretary has taken his time to respond to them. In case you do not get the answer you require, you can walk out with him as he exits and get a face-to-face clarification.

Hon. Cabinet Secretary, please, proceed to conclude. The Cabinet Secretary for National Treasury and Economic Planning (Hon. John Mbadi): Thank you. I need to clarify two things. When you see our report saying zero absorption, it does not mean the project has not been implemented. It means payment has not been made. So, probably, the money is in the Special Purpose Account, and has not been disbursed. That is the clarification.

Now, regarding Hon. Wanjala's concern, he is my friend, and he is a senior Member of this House. I agree with him that Budalang’i was included in the second formula and we started implementing the projects from the last financial year. Thus, this is the second financial year. Together with the Chief Executive Officer of the Equalisation Fund, who is present here, we will check why the projects that were meant to benefit Budalang’i have not been implemented. We will follow through to see what is happening with Budalang’i.

Hon. Temporary Speaker, the Member for Funyula can distract. He tends to invade people's territories. Thank you. (Hon. (Dr) Ojiambo Oundo spoke off-the-record)

Thank you very much, Cabinet Secretary. Order! I can assure you that this House appreciates the time you take to prepare to answer questions. Order Members! I have heard you being referred to as an expert; I urge you to encourage your colleagues to take their work as seriously as you do. We want cabinet secretaries to be comprehensive and to take Members of Parliament's questions seriously so that this country can progress, knowing we have a Cabinet that understands its responsibilities. You are now discharged. (The Cabinet Secretary exited the Chamber) Those who wish to offer the Cabinet Secretary tea at our restaurant may follow him, but for now he is discharged.

On a point of order.

There is nothing out of order.

Hon. Temporary Speaker, this is a House of records, and that has been captured in The Hansard. The Cabinet Secretary has alleged that I like invading people's territory. I want to put on record that I do not invade anyone's territory. I am a Kenyan who is allowed to go to any part of this country as provided for by the Constitution of the Republic of Kenya. That should be very clear. I do not possess an army that could invade anywhere. I am not a warmonger or anything of the sort. I simply visit various parts of Kenya, as permitted under the Constitution of Kenya, with the Linda Mwananchi brigade. Thank you. (Hon. (Dr) Robert Pukose spoke off-the-record)

There is no business on the Floor that requires you to respond to. I was here when the Cabinet Secretary spoke, and I know that that statement was made in jest and meant as a joke. I do not think you wish to create any hue around it. Let us allow it to rest.

Mover, move the amendment.

Thank you, Hon. Temporary Chairman. I beg to move:

THAT, Clause 4 be deleted. This is just a deletion of the clause. (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Clause 4 deleted) (Title agreed to) Clause 1

Mover.

Hon. Temporary Chairman, I beg to move: THAT, Clause 1 be amended by inserting the phrase “and shall come into force upon publication in the Gazette” at the end thereof. This is just to say that the Bill shall come into force upon publication in the Gazette. Thank you. (Question of the amendment proposed) (Question, that the words to be inserted

be inserted, put and agreed to) (Clause 1 as amended agreed to) The Temporary Chairman (Hon. David Ochieng’): Mover, move reporting.

Hon. Temporary Chairman, I beg to move that the House reports its consideration of the Air Passenger Service Charge (Amendment) Bill (National Assembly Bill No. 56 of 2026), and its approval thereof, with amendments. (Question proposed) (Question put and agreed to) Let us move to the next Bill in the Order Paper. We will move reporting once we are done with the five Bills.

Hon. Chairman, I beg to move: THAT, Clause 3 of the Bill be amended in paragraph (a) by inserting the words “and in each sub-county” immediately after the words “in each county”. (Question proposed) There being no interest, I will proceed to put the Question. (Question, that the words to be inserted be inserted, put and agreed to) (Clause 3 as amended agreed to) Clause 4

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 4 and substituting therefor the following new clause— Role of county governments.

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 5. (Question proposed) (Question, that the words to be left out be left out, put and agreed to) (Clause 5 deleted) Clause 6

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting Clause 6. (Question proposed) (Question, that the words to be left out be left out, put and agreed to) (Clause 6 deleted) (Clause 7 agreed to) Clause 8

Hon. Temporary Chairman, I beg to move:

THAT, Clause 8 of the Bill be amended in the opening sentence by deleting the words “directorate of library services” and substituting therefor the word “government”. (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the word to be inserted in place thereof be inserted, put and agreed to)

Hon. Temporary Chairman, I beg to move:

THAT, Clause 2 of the Bill be amended by deleting the definition of the word “library” and substituting therefor the following new definition— “library” means an organized collection of printed and non-print books, periodicals or any graphic or audio-visual material and digital formats to which a member of the public has access free of charge or on payment of fees or by virtue of being a member of an organization or institution; (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 2 as amended agreed to) Long Title

Hon. Temporary Chairman, I beg to move:

THAT, the Bill be amended by deleting the Long Title and substituting therefor the following Long Title— “An Act of Parliament to provide for the establishment of county libraries; and for connected purposes” (Question of the amendment proposed) (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (The Long Title as amended agreed to) (Clause 1 agreed to) The Temporary Chairman (Hon. David Ochieng’): We move to reporting. Mover.

Hon. Temporary Chairman, I beg to move that the Committee do report to the House its consideration of the County Library Services Bill (Senate Bill No. 40 of 2024), and its approval thereof with amendments.

Hon. Temporary Chairman, I beg to move: THAT, Clause 2 of the Bill be amended by deleting the words “(hereinafter referred to as the “principal Act”)” It is important to mention, Hon. Temporary Chairman, that the reason we are consulting is because this was a Senate amendment. The Departmental Committee on Finance and National Planning does not have any amendment to Clause 2. In that case, we agree with Senate on their proposed amendment. I will, therefore, not be moving any further amendment on this particular clause.

However, now that you discussed my hairstyle, please, do not be jealous of my hair when you are bald. It is not my fault that there is no hair on your head.

The Temporary Chairman (Hon. David Ochieng’): Order! Hon. Chairman, just check your notes, which Bill are you referring to? There are two amendments to the Public Finance Management Bill; we are on the Public Finance Management (Amendment) Bill (National Assembly Bill No. 17 of 2025). That is your Bill. We shall come to the one you are referring to later.

Thank you. Hon. Temporary Chairman, I beg to move:

THAT, Clause 2 of the Bill be amended by deleting the words “(hereinafter referred to as the “principal Act”)” This is a clean-up to make sure that all the amendments are in line with our Constitution and the Public Finance Management Act.

The Temporary Chairman (Hon. David Ochieng’): Thank you. (Question of the amendment proposed)

Hon. Temporary Chairman, I beg to move that the new clause 1A be now read a Second Time.

(Question, that the new clause be read a Second Time, proposed) (Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) New Clause 1B

THAT, the Bill be amended by inserting the following new clause immediately after Clause 1A— Amendment of section 2 of Cap. 412A

1A. Section 2 of the Public Finance Management Act (hereinafter referred to as the “principal Act”) is amended by inserting the following new definition in the proper alphabetical sequence─ “revenue” has the meaning assigned to it under section 2 of the Commission on Revenue Allocation Act.

Repeal and replacement of section 42 of Cap. 412A.

1B. The principal Act is amended by deleting section 42 and substituting therefor the following new section-

Consideration by Parliament of Bills allocating revenue and additional allocations.

Hon. Temporary Chairman, I beg to move that the New Clause 1B be now read a Second Time.

This amendment is providing for the principal Act to be amended in Section 24(10) to reduce the time duration from three months to two months.

(Question, that the new clause be read a Second Time, proposed) (Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) New Clause 1C

THAT, the Bill be amended by inserting the following new clause immediately after Clause 1B— (The new clause was read a First Time) The Temporary Chairman (Hon. David Ochieng’): Mover to move New Clause 1C for Second Reading.

Hon. Temporary Chairman, I beg to move that the New Clause 1C be now read a Second Time.

This amendment requires that county governments obtain written approvals from the National Treasury when they are opening or closing bank accounts. As we look forward to you being the Governor for Siaya County, I know you will not be like the rogue governors who open bank accounts arbitrarily across all banks.

The Temporary Chairman (Hon. David Ochieng’): I will reduce them.

It is, therefore, important we make it a requirement for county governments to seek approval of the National Treasury when they are opening or closing any new bank accounts.

later than thirty days after the Bills have been introduced with a view to approving them, with or without amendments.

Amendment of section of Cap.412A.

1C. Section 119 of the Public Finance Management Act is amended—

Thank you, Hon. Temporary Chairman. In line with what the Chairperson, Departmental Committee on Finance and National Planning has said, and having previously served at the county government as County Executive Committee (CEC) Member for Finance, it is evident that there is trouble in devolution especially on matters source revenue. There are several bank accounts that have been opened which are not registered. As per the Constitution, all collections are supposed to be moved to the Central Bank under County Revenue Fund (CRF) account, but there is a problem of counties under collecting, and as a result they under fund and they end up with pending bills. This Bill is, therefore, very critical and has come at the right time.

Thank you. The Temporary Chairman (Hon. David Ochieng’): Thank you. Hon. Chairperson, do you want to do a further amendment?

No, it is not a further amendment. I realised that the New Clause 1C has two sections. Section (a) is what I just explained on county assemblies requiring approval from the National Treasury when opening and closing bank accounts. I would like to bring the attention of this House to Section (b) where we are saying ‘deleting the words “or a bank approved by the County Treasury” appearing immediately after the words “at the Central Bank of Kenya”’. This amendment means that when we say Treasury Single Account (TSA), it means the Central Bank of Kenya. You cannot open an account in a private bank and call it a TSA. This will now require that all our counties have an account with the Central Bank of Kenya. This will mean that the Central Bank of Kenya, the National Treasury and the Government will have an overview of all the accounts of all counties in the Republic of Kenya. It was important for me to put that on record.

(Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) New Clause 1D

THAT, the Bill be amended by inserting the following new clause immediately after Clause 1C—

Hon. Temporary Chairman, I beg to move that the New Clause 1D be now read a Second Time.

In this clause, we are talking about a very important institution called Intergovernmental Budget and Economic Council (IBEC), that is chaired by the Deputy President of the Republic of Kenya. It is now requiring that these offices be receiving reports, and if they have any issues that they have to comment on, they clarify to IBEC. That includes the Clerk of the National Assembly, Clerk of the Senate, the Chief Registrar of Judiciary, county governors, the Controller of Budget, a representative of the Attorney-General, the Chairperson of the Salaries and Renumeration Commission (SRC), and the Chairperson of the County Assemblies Forum. This will make IBEC more inclusive of all the constitutional and independent offices, while also taking into consideration both Houses of Parliament, the county governments, Attorney- General and the Controller of Budget.

I beg to move. The Temporary Chairman (Hon. David Ochieng’): Thank you. (Question, that the new clause be read a Second Time, proposed) (Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) New Clause 1E

THAT, the Bill be amended by inserting the following new clause immediately after Clause 1D— Amendment to section of Cap.412A.

1D. Section 187 of the principal Act is amended—

Hon. Temporary Chairman, I beg to move that the New Clause 1E be now read a Second Time.

In terms of making the IBEC a very functional office within the Office of the Deputy President of the Republic of Kenya, we are providing in law for IBEC to co-opt the Auditor- General into its meetings. With an overview of the accounting and auditing of the whole country, the Auditor-General can provide relevant information during IBEC meetings.

(Question, that the new clause be read a Second Time, proposed) (Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) New Clause 1F

THAT, the Bill be amended by inserting the following new clause immediately after Clause 1E— Insertion of a new section 187A in Cap.412A.

1E. The principal Act is amended by inserting the following new section immediately after section 187—

Co-option of Auditor General. 187A.The Council may co-opt the Auditor- General into any of its meetings.

Amendment of section 191 of Cap.

Hon. Temporary Chairman, I beg to move that the New Clause 1F be now read a Second Time.

In terms of the resources that are wheeled to counties, we have money allocated through county budgets and revenue from the national Government. We also have loans, grants and money from developed partners that is paid to counties.

When passing their budgets, county governments will be required under the New Clause 1F to include revenues or finances received from development partners and other donors to ensure that all funds are captured. As you may recall, some county governments budget for a project using county funds, while the same project is also funded by the national Government and donor funds. We are now collapsing all these resources and ensuring that reporting is done to avoid overlap of funding by different agencies for the same project.

(Question, that the new clause be read a Second Time, proposed) (Question, that the new clause be read a Second Time, put and agreed to) (Question, that the new clause be added to the Bill, put and agreed to) (Title agreed to) (Clause 1 agreed to) The Temporary Chairman (Hon. David Ochieng’): Mover, move reporting.

Hon. Temporary Chairman, I beg to move that the House reports its consideration of the Public Finance Management (Amendment) Bill (National Assembly No. 17 of 2025) and its approval thereof with amendments. (Question proposed) (Question put and agreed to) The Temporary Chairman (Hon. David Ochieng’): Hon. Members, that marks the end of the Public Finance Management (Amendment) Bill (National Assembly No. 17 of 2025). However, the Committee will report to the House after the next Bill has been considered in the Committee of the whole House.

Hon. Members, we now move to consider Senate amendments to the Kenya National Council for Population and Development

Hon. Members, that marks the end of consideration. I will, therefore, request the Mover to move reporting. Hon. Wanyama.

Hon. Temporary Chairman, I beg to move that the Committee do report its consideration of Senate amendments to the Kenya National Council for Population and Development Bill and its approval thereof without further amendments. (Question proposed) (Question put and agreed to) The Temporary Chairman (Hon. David Ochieng’): Thank you. That marks the end of that. We will go to the next Bill.

Hon. Temporary Chairman, we considered these amendments that have been proposed by the Senate and after public participation and very extensive discussions in the Committee, we are in agreement with the proposed amendments. We have no objection to these new amendments to new clauses 1A and 1B and all those that are being proposed by the Senate.

I beg to move, Hon. Temporary Chairman. (Question, that the new clauses be read a Second Time, proposed) (Question, that the new clauses be read a Second Time, put and agreed to) (Question, that the new clauses be added to the Bill, put and agreed to)

New clauses 3A, 3B, 3C, 3D, 3E, 3F, 3H, 3G, 3H, 3I and 3J proposed by the Senate

THAT, the Bill be amended by —

Hon. Temporary Chairman, again, we find these amendments being proposed by the Senate very progressive. It is very important to mention that the New Clause 3A is now going to impose a personal liability on county executives who fail to implement recommendations made by the Auditor-General or by the National Treasury. Therefore, if any report of the Auditor-General requires that a county must implement these particular measures, 1, 2, 3, 4, and the county executives fail to implement those recommendations, then they will be personally liable. We hope this is going to bring the fiscal discipline that is needed in our counties, because every year we have the Auditor-General and the Controller of Budget making recommendations to counties on things that they must do, but they fall on deaf ears, and they never happen.

Therefore, with these amendments now, they are going to be personally liable if they do not implement the decisions made by the Auditor-General.

(Question, that the new clauses be read a Second Time, proposed) (Question, that the new clauses be read a Second Time, put and agreed to) (Question, that the new clauses be added to the Bill, put and agreed to) New Clauses 3K, 3L, 3M, 3N, 3O, 3P, 3Q and 3R proposed by the Senate

THAT, the Bill be amended by —

Hon. Temporary Chairman, this discussion may seem unusual because we rarely send Bills to the Senate and they come back with too many amendments. However, for the record, the reason there are too many amendments to the Public Finance Management Bill is that we sent three different Bills to the Senate. The Senate then consolidated the three Bills into one. These are not amendments from the Senate, but amendments made by this House. The Senate amalgamated them into one law that we are now considering, which is why we largely agree with them. The Senate usually does a very lousy job. Let this not appear as if they have done a very good job because they have not.

The Temporary Chairman (Hon. David Ochieng'): Order, Hon. Kuria. Will you rise and correct the term you have used?

The Senate usually does a very good job, as they have done now. Thank you.

The Temporary Chairman (Hon. David Ochieng'): Let it be on record that you have withdrawn the word.

I withdraw the word “lousy”. The Temporary Chairman (Hon. David Ochieng'): Thank you. (Question, that the new clauses be read a Second Time, proposed) (Question, that the new clauses be read a Second Time, put and agreed to)

Hon. Temporary Chairman, I beg to move that the Committee do report its consideration of Senate amendments to the Public Finance Management

(Amendment)

(No. 4)

Bill

(National Assembly Bill No. 45 of 2024)

and its approval of the same with further amendments.

(Question proposed)

(Question put and agreed to)

We shall begin with the County Library Services Bill (Senate Bill No. 40 of 2024). Chairperson.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the County Library Services Bill (Senate Bill No. 40 of 2024) and approved the same with amendments.

Mover of the Bill.

Hon. Speaker, I beg to move that the House do agree with the Committee in the said Report. I also request Hon. Irene to second the

Hon. Irene Mayaka.

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

Can I proceed to put the Question?

Yes. (Question put and agreed to)

Mover, move the Third Reading.

Hon. Temporary Speaker, I beg to move that the County Library Services Bill (Senate Bill No. 40 of 2024) be now read a Third Time. I also request Hon. Irene Mayaka to second.

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

Put the Question. (Question put and agreed to) (The Bill was accordingly read a Third Time and passed)

Very well, we now move to the Air Passenger Service Charge (Amendment) Bill (National Assembly Bill No. 56 of 2026).

Chairperson.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Air Passenger Service Charge (Amendment) Bill (National Assembly Bill No. 56 of 2026) and approved the same with amendments.

Mover.

Hon. Temporary Speaker, on behalf of the Leader of the Majority Party, I beg to move that the Air Passenger Service Charge (Amendment) Bill (National Assembly Bill No. 56 of 2026) be now read a Third Time. I also request the Chairman of the Departmental Committee on Finance and National Planning to second.

Hon. Chairman.

Hon. Temporary Speaker, I want to thank the Leader of the Majority Party for bringing this very timely amendment. We need to ensure our air transport is safe, secure, and that we remain competitive. We want to ensure our national carrier is profitable and competitive, and that it surpasses Qatar Airways and Emirates in terms of air passenger movement across the country.

With those brief remarks, I second. (Question proposed)

Can I proceed and put the Question?

Yes. (Question put and agreed to)

Mover

Hon. Temporary Speaker, I beg to move that the Air Passenger Service Charge (Amendment) Bill (National Assembly Bill No. 56 of 2026) be now read a Third Time. I also request the Member for Molo to second.

Hon. Temporary Speaker, I thank the Chairperson for the good work he has done on this Bill. I really hope the great Mulembe Nation will elect him to a fourth term. When people are saying “one term”, Hon. Wanyama is actually going to serve a fourth term. So, as I look forward to serving my third term, I also look forward to working with the Hon. Wanyama in the next Parliament, when he will be serving his fourth term as a Member of Parliament.

With that, I beg to second. (Question proposed) Can I put the Question?

Put the Question. (Question put and agreed to) (The Bill was accordingly read a Third Time and passed)

Hon. Members, let us now move to the Public Finance Management (Amendment) Bill (National Assembly Bill No. 17 of 2025). Chairperson.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Public Finance Management (Amendment) Bill (National Assembly Bill No. 17 of 2025) and approved the same with amendments.

Chair?

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee on the said Report. I request the great Member for the people of Kajiado, Hon. Sunkuyia, to second.

Hon. Sunkuyia is in his second term. We look forward to working with him in the 14th Parliament, when he will be serving the great people of Kajiado as a third-term Member of Parliament.

I beg to move, and ask Hon. Sunkuyia to second.

I cannot see Hon. Sunkuyia in his usual place. Okay, very well. You may proceed.

Thank you, Hon. Temporary Speaker. I want to take this opportunity to congratulate my able Chair, who is serving his third term.

Thank you.

Do you second? Give him the microphone.

I beg to second. Thank you.

Thank you very much, Hon. Sunkuyia. (Question proposed)

Put the Question. (Question put and agreed to)

Mover. Proceed to move the Third Reading.