Serjeant-at-Arms, you may ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung)

Serjeant-at-Arms, you may stop the Quorum Bell. Hon. Members, let us proceed. Clerk-at-the-Table, read out the first Order.

Deputy Leader of the Majority Party.

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

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

Thank you. We will have the Chairperson of the Departmental Committee on Justice and Legal Committee, Hon. Murugara.

Sorry.

Are you supposed to table a Report on the Trust Administration Bill? (Hon. George Murugara spoke off the record)

It is not ready. I will explain shortly.

Okay, we can skip that. Next Order.

We have a Statement by Hon. Manduku, Member for Nyaribari Masaba.

Hon. Deputy Speaker, pursuant to the provisions of Standing Order 44(2)(c), I rise to request for a Statement from the Chairperson of the Departmental Committee on Energy regarding the delay in the implementation the French Development Agency and the European Union Last Mile Connectivity Project (AFD/EU) Lot 7 in Nyaribari Masaba Constituency.

The Last Mile Connectivity Project is of great importance to the people of Nyaribari Masaba, particularly households, schools, health facilities, businesses and other institutions that continue to operate without reliable access to electricity. The project, being undertaken by MS Polyphase Systems Limited, commenced in 2024. It was intended to connect over 5,000 customers across 26 sites within the Constituency.

The preparatory activities, including completion of designs, acquisition of wayleaves, collection of metering documentation and community sensitisation, were reportedly completed, with residents fully cooperating and meeting the requirements for connection. However, approximately one year after completion of these preparatory activities, there are no visible implementation activities across the 26 sites. The contractor was allocated an 18-month completion period, which has since elapsed without substantial implementation or project completion.

The prolonged delay has caused frustration and anxiety among the intended beneficiaries. It continues to deny them the socio-economic benefits of electricity access, including improved education and healthcare, enterprise development, agricultural value addition and employment opportunities. The absence of a clear explanation or revised implementation schedule has further undermined the public confidence in the project.

Hon. Deputy Speaker, it is against this background that I request for a Statement from the Chairperson of the Departmental Committee on Energy on the following matters:

Deputy Leader of the Majority Party, will you give an undertaking on behalf of the Departmental Committee on Energy, or is there a Member of the Committee?

Hold on for one minute. We will handle this matter immediately after recess. I will speak to the Chairman. If you allow me, I would like to say a few things about this Project. This AFD/EU Last Mile Connectivity Project has let this country down.

The implementers, especially those given these contracts, have let the whole country down. I have many projects in my constituency under this, and they have never taken off.

People are blaming the government for this, yet the government did its best. It awarded contracts, but the contractors have never delivered. Why do we give contracts to people who,

Yes, Hon. Dawood.

Thank you, Hon. Deputy Speaker. What the Deputy Leader of the Majority Party has just mentioned is good. It is not just the contractors; Kenya Power and Rural Electrification and Renewable Energy Corporation (REREC) do not have the materials. Whenever they launch the project, you hear they have the poles but not the transformers or the wires. The Ministry of Energy needs to up its game and do the right thing. This is my third term here, and I have asked for 64 transformers since 2013. To date, I have just gotten about 15 to 20. What about the other 50? We are told that there is money from the World Bank and the European Bank. They therefore need to up their game and finish this project before we go to the elections.

Thank you. (Hon. Members spoke off the record)

Is it that people do not have their cards, or why is everyone shouting? Yes, who is that? I cannot see your face but have the microphone.

Thank you, Hon. Deputy Speaker. This question affects most Members in this House. If I remember correctly, and I think the Deputy Leader of the Majority can also remember, we had such a question, and we responded to it as a Committee. I am a Member of the Departmental Committee on Energy.

The Speaker of the day directed that the Cabinet Secretary, the Principal Secretary, and the Managing Directors of REREC and Kenya Power appear in this House to answer this question. This is because even if we have a response, this issue will still recur, as it affects most Members in this House. We shall respond to the issue of Nyaribari, yet even in Nambale, Teso South, and other areas, we still have similar issues. You can see the interest from Members.

I therefore propose that we have a kamukunji with the Cabinet Secretary and the Principal Secretary. This is a very serious issue, and I want the Hon. Deputy Speaker to reinforce the earlier directive that the Principal Secretary, the Cabinet Secretary, and the two Chief Executive Officers (CEOs) appear before this House.

Thank you.

Hon. Pukose.

Hon. Deputy Speaker, you are aware that we have been pressurising our caucus Chair, Hon. Melly, on this issue because the contractors are letting us down. You will find that in areas like Endebess, Trans Nzoia, West Pokot, Uasin Gishu, Nandi, and the whole of that area, we face a major challenge with the contractors who have been given this work. At one time, they told us that materials had not arrived. They are doing incomplete work.

I will give priority to those who have their cards. Hon. Makali Mulu.

Thank you, Hon. Deputy Speaker. This is a matter that this House needs to take more seriously than we are. I remember last week but one the same matter came up. I propose we hold a kamukunji with the Cabinet Secretary and the CEOs of the concerned parties. If we do not address this matter, it will send the majority of you Members home. I can tell you for a fact. I have paid money called the Matching Fund to REREC for the last four years. This money comes from the National Government Constituency Development Fund (NG-CDF) kitty. To date, nothing has been done. Imagine what the impact will be. Kenyans are crying for power. They want electricity. Hon. Deputy Speaker, kindly help us from where you sit. As soon as possible, we need to meet with the ministry to sort out the issue.

I submit. Thank you.

Hon. Melly.

I agree with my colleagues that this issue of AFD/EU electricity connectivity across the country is costing us a lot of political mileage in this country. The money has been spent, but the CEO, the Principal Secretary, and the Cabinet Secretary do not seem up to the task. Every other time you speak to the contractors, they say they have just erected poles somewhere. As if taking poles and putting them on the roadside, erecting them and doing two lines, is connectivity. I think the real issue needs the Cabinet Secretary, the Principal Secretary and the CEO to come to the Floor of the House.

Hon. Deputy Speaker, please assist us, as the membership of this House, to make sure that the contractors are working. There should be a very clear roadmap and timelines on when these projects are supposed to be completed. In all villages across the country, you will realise that the contractors are doing shoddy work. They erect a few poles in one market, move to a corner, and do some stringing. They do not take their work seriously.

This is painting a very bad image of the government and all of us who are here. Yet they already have a job to do. Either way, nobody is supervising them well, no one is taking firm action on these contractors, or someone is not accountable. This is something very weighty. The Committee and all of us need to take this very seriously. A number of us might not get our seats back because the wananchi want to see electricity at their doorstep.

Thank you.

Hon. Mugambi, Member for Buuri.

Thank you, Hon. Deputy Speaker. I have a serious concern about Kenya Power's responsiveness. If you go to Kenya Power, it is very difficult to see the CEO. There are even presidential pledges approved three years ago, yet he has not responded. I have raised issues with him concerning the AFD project in Meru County. Members from Meru County are here. There is a contractor who is very arrogant. He does not listen to anybody other than the Managing Director of Kenya Power. We feel that the Managing Director of Kenya Power is protecting that contractor.

We have held meetings after meetings, yet we have received no response. You cannot get any response from Kenya Power. At least when we go to the REREC, you get some

Thank you. Hon. Naomi Waqo. Let me give those who had punched their cards first, then I will get to you.

Thank you, Hon. Deputy Speaker, for allowing me to add my voice to this very important ongoing debate on the request that has been made. The issue of last-mile connectivity is affecting the entire country. I have visited different offices; I have gone to REREC. They keep you busy while you are there, and immediately after you leave their office, nothing happens. I agree with Hon. Members that we summon all the CEOs so that we have a Kamukunji to deal with this issue.

It seems as if they are concentrating on some areas and marginalising others, like the northern part of Kenya, especially my county. We have pleaded with them; I have visited their offices several times, and they are not giving any attention while they are oversupplying some areas in this country. That is not acceptable anymore.

Thank you.

Allow me to recognise the presence of Consolata School from Westlands Constituency, Nairobi County, seated in the Speaker's Gallery. On behalf of myself, the substantive Speaker, and the entire National Assembly, we welcome you to Parliament.

Hon. Bisau Kakai.

Hon. Deputy Speaker, this House has appropriated more money than ever before for electricity. Countrywide, in every village, there are electricity issues. Now the question is: do the contracts these organisations are putting in place not have articles to mitigate these delays? In my follow-up this week with the Ministry, meeting the Waziri, the explanation is that items are being cleared in Mombasa. How long will they take to clear?

To agree with my colleagues, we need to get the Cabinet Secretary, the Principal Secretary, the CEOs, and the heads of procurement here. What type of contracts are they putting in place that fail to mitigate issues and instead cause trouble and delays to electricity supply?

Thank you.

Hon. Beatrice Elachi. (Hon. Mary Emaase spoke off the record) Just approach the Clerk-at-the-Table, and you will be assisted.

Hon. Deputy Speaker, on this issue of the last mile and even the security masts that were to be put in all our constituencies: before we went to recess, you remember we had a statement on the same matter. We pleaded that we want to see the Cabinet Secretary and the Principal Secretary. First, we want to understand the conflict between REREC and KPLC, because that is where we have many challenges.

As they come, can all the teams that work on energy matters, especially electricity, come and tell us what the main issue is? Furthermore, we have contractors; even now, for three years, I have had masts that were raised in my constituency that have never been completed. When you talk to this contractor, he is a very rude engineer, and I wonder why the Government even awards projects to him.

Hon. Beatrice Adagala, I see you have pressed the button.

Thank you, Hon. Deputy Speaker. I also want to speak on these issues regarding electricity. Some of us, it seems, are not treated as part of Kenya. In my county, Vihiga, we are always in darkness. Why are we not being supplied in this last mile? We are not being connected in Vihiga County. You can go a whole week without power. Is that really promoting business, or is it a matter of somebody sleeping on the job? Let us not keep blaming the contractors. Who is contracting them? If a contractor cannot perform, why can that contract not be terminated and given to someone competent? We cannot let our people suffer because of incompetent contractors while others can do the work.

This needs urgent attention because of insecurity. We are approaching elections, and we need every village lit. I want to see power reach Musunguti in Maragoli Hills and extend to all the villages. Even my neighbouring villages do not have electricity connections. Connections should be made in Muhudu and Jivuye, which have no supply. What is happening? Are we not Kenyans? Are we not paying taxes?

Can the Cabinet Secretary be brought here to answer questions about electricity? Why are we not getting last-mile connectivity? In fact, we should not even have to ask for that. Electricity should be distributed everywhere without us having to raise it here. Electricity is core for people doing business. We have people rearing chickens who put eggs in an incubator, and then there is no power for a whole week. Where are we going? Are we going two steps forward and 10 steps backwards? Can they come here and tell us what is happening?

Thank you.

Hon. George Murugara. Let us keep it brief because many people want to speak, though I know this is important to the electorate.

Thank you very much, Hon. Deputy Speaker. The issue of electricity is very emotive in this country. In fact, it now ranks number two after water, having overtaken roads. Therefore, as Members sit here and air grievances against these two power agencies, starting with REREC, who are trying to do the best they can despite not having a sufficient budget, we also have Kenya Power.

At Kenya Power, we cannot understand why they claim they do not have budgets. Among other things, as of today, they are exaggerating bills for Kenyans. I will provide evidence showing that they are overcharging Kenyans. They are committing nothing less than fraud, because we cannot have bills that the person who raised them cannot explain.

The Managing Director of Kenya Power has been authorised to electrify the country, but he goes ahead and awards contracts to people who do not have the capacity to execute them, including a company known as Meru Woods Industries Limited. It has been awarded contracts in five counties including Meru, Tharaka Nithi, Embu, Kirinyaga and Nyeri. It is the company dominating those counties, yet it cannot even erect a single pole, and we are supposed to be supplying the country with electricity.

Kenya Power needs to be investigated. We cannot proceed like this on behalf of the people of Kenya. I cannot proceed like this on behalf of the people of Tharaka, with a company such as Meru Woods Industries Limited, which cannot explain how it obtained the contracts or why it cannot perform. The company is simply there, and nobody seems to care. The contracts have not been terminated, and nothing is being done. It is high time the Cabinet Secretary for

Hon. Gisairo.

Thank you, Hon. Deputy Speaker. As most of the Members who have spoken have said, the issue of electricity connectivity is sensitive and emotive. It has put many of us under immense pressure. I was just speaking to Hon. Nyamai, who is facing the same problem. This is clearly a national issue, and the Cabinet Secretary needs to be brought before the House to answer Members' questions directly.

I hope the people of Kitutu Masaba are watching because they have always accused me of failing to provide electricity since I am on the wrong side of the government. If they are watching this debate today, they will clearly see that this is a national problem. Whether you are in the one-term or two-term movement, the problem is the same. We need the Cabinet Secretary here to answer the questions of the nation.

Members of Parliament have done their part by allocating resources to state departments to do their work. Our work is to provide oversight, not to implement projects. Those responsible for implementation should be brought here to answer these questions. Kenyans need electricity.

Thank you, Hon. Deputy Speaker.

Hon. Emaase.

Thank you, Hon. Deputy Speaker, for the opportunity.

The issue of power connectivity is significant, and I want to look at it from two perspectives. One is the delay in implementation after the budget is approved and the money is released. However, the biggest problem is in this House. For the last four years, I have received fewer than 10 transformers or maximisation projects. Fewer than 10. Yet, while we are seated here, some Members have received 35, 50, or even 100. There is inequity in how power connectivity is distributed. I have gone to the Parliamentary Budget Office (PBO) and looked at the Budget Book.

I have gone to the offices of the Rural Electrification and Renewable Energy Corporation (REREC) several times. But what does the Chief Executive Officer (CEO) say? He says that we are the ones who appropriate the money. The money comes here already allocated to specific projects in specific regions. Where do I get extra money to provide electricity to your constituents in Mheshimiwa? In the 11th Parliament, we had order and equity in the way power connectivity was distributed. Every Member received a specific allocation, and we would only receive a letter from REREC asking us to prioritise areas that were not connected.

Today, some Members and certain committees are involved in this process. Let us not pretend that the problem is entirely with Kenya Power and REREC. We are the ones creating the problem, and we must correct it starting from this House. If there is a problem with the legislation, then we need to amend it so that every Member and every constituency get funding for power connectivity. Teso South must get funding for power connectivity.

How can I, for five years, have only six or seven areas connected to electricity while other regions have connected more than 100 areas? It is not fair. We must correct that problem in this House. We must not simply blame Kenya Power or REREC. We must correct it here. We must speak the truth. No Member or region is less important. Everybody is elected, and all Kenyans are equal. Every region must have access to electricity. We want electricity everywhere.

I will go to Hon. Donya, then I will come to you, Hon. Didmus.

Thank you, Hon. Deputy Speaker. There was a time I asked someone at Kenya Power why there was no electricity project taking place in Bonchari Constituency. I was told that they did not have materials. That was not a genuine answer because, in the neighbouring constituencies, they were still being connected to electricity. I do not want to mention names. They tell you there are no materials for a particular constituency, yet there are materials for other constituencies. What we lack is equity.

If I was to encourage Kenyans to take action, for example, people living with disabilities could sue Kenya Power because some depend on electricity to store medication, including insulin, which requires refrigeration. They will end up in and out of court to ensure that those people are connected. It is key for this House to ensure equity. Equally, to stop telling Members that there is no budget when we know that a contractor has already been sent to the site.

Thank you, Hon. Deputy Speaker.

Hon. Didmus Barasa.

Thank you, Hon. Deputy Speaker. I want to take a completely different approach. I have seen this House lamenting about the equitable allocation of money to address electricity connectivity in our country. First, what are we doing? We are the ones who make the budget. We cannot begin to complain that some constituencies are receiving more while others are receiving less when it is the responsibility of this House.

Secondly, this question is not being asked for the first time. We have received responses from Kenya Power and the Ministry many times before. The problem is that this House has failed to hold civil servants accountable when they come here and lie under oath. Unless we crack the whip and reprimand officers who appear before us, take an oath and then fail to implement what they tell us, we will continue going round in circles on this matter.

Lastly, I think we are reaching a point where even achieving quorum will become a problem because we are approaching the election period. What I suggest is that we convene a kamukunji, rather than a whole House sitting, where the Managing Director himself, not the Cabinet Secretary, can appear. When you invite Cabinet Secretaries, they sometimes make political statements. They say, "We are working on it; we will bring it next month." We can convene a kamukunji and question the Managing Director of Kenya Power. The clerks can also verify the contract documents, determine when the contractors are resuming work and establish the status of materials being imported to address the electricity problem.

We have the answer, and we have the means to act as a House, but we are not using them. It is high time the hammer fell on an individual so that Kenyans can get electricity regardless of their political affiliation.

Hon. Deputy Speaker, I support the statement.

Hon. Members, we need to conclude this. I will give three Members: Hon. Mutunga, the Hon. Member for Masiga and the Member for Kabuchai. Then we will close. We have other business to transact. I have given you some latitude because I know this is important.

Thank you very much, Hon. Deputy Speaker.

Hon. Member for Masinga.

Thank you Hon. Deputy Speaker for giving me this chance to speak.

Masinga Constituency has four hydro power generating stations yet we are only10 per cent connected with the power comes from my Constituency. My people have been asking me, surely, how can they be in darkness yet power comes from our Constituency and supplied to other constituencies while they have nothing. This is a very hard question for me to answer. It is also the wrong time for me to argue about electricity because it is only one year to the general elections. As colleagues have already said, we need answers from Kenya Power and from Rural Electrification and Renewal Energy Corporation (REREC). We were told to indicate the schools that are not connected to electricity. Students in these schools need electricity to connect their gadgets. Solar panels that were installed some time back are not working because they are never serviced. Something urgent needs to be done for us to be connected so that we are equally balanced. It seems that some constituencies are favoured more than others. That is not fair.

Thank you, Hon. Deputy Speaker.

Hon. Member for Kabuchai.

Thank you very much Hon. Deputy Speaker for your magnanimity in allowing me to put my weight on this matter.

We are only left with 349 days to the general elections. Any mistake done today will permanently affect the 14th, Parliament. We are not ready to lose after working hard in our constituencies in very many things like managing well the National Government Constituencies Development Fund (NG-CDF). Something very simple should not come to mess our lives in terms of re-election.

Last Mile Connectivity initiative has a myriad of problems. There are contractors who drop poles on a site but transfers them elsewhere because the same contractor runs three or four projects. I agree with the remarks of the Member of Parliament from Teso South, Hon. Mary Emaase who said that we do not have equity. It is even worse when money is taken from them and nothing is done. This is not good.

We want the Cabinet Secretary to appear and summarise clearly in a contractors’ procurement report and tell us how they procured these contractors and their capacities. The Committee in charge must scrutinise the contractors and tell us if the contractors are qualified in the first place. We must also shame such companies. We need power; we need power. We need it for use in our homes. We need power and not the other pawa. In Kabuchai Constituency, I needed three transformers but only two have been put in place. There is nothing going about the ones I am pushing for Chepkongony and Chepsitati areas. We must shame contractors who are sleeping on their job making it difficult for this Government to be re-elected.

I belong to Wantam. Thank you, Hon. Deputy Speaker,

Let us move the next request for a Statement which is to be responded to by the Departmental Committee on Transport and Infrastructure. Are you ready?

Thank you Hon. Deputy Speaker for giving me this opportunity to read the Response to a request for Statement sought by the Member for Nandi County, Hon. Cynthia Muge.

In the request for a Statement, Hon. Muge sought to establish an explanation on why the RIVATEX-Kiparen River road particularly the section traversing Mosop Constituency has not been routinely maintained despite the existence of a valid maintenance contract. She also sought to know the details of the routine maintenance works contract for the road specifying the identity of the currently assigned contractor, the contract sum and duration and the specific maintenance activities that the contractor is obligated to undertake vis-à-vis the activities, if any, that have been undertaken.

She also sought to understand the oversight mechanism by the Ministry to monitor the contractor’s performance and the reasons as to why the current road had been neglected for a long period of time. Hon. Muge also sought to know the immediate measure the Ministry plans to put in place to ensure that the overgrown vegetation along the road is cleared and the drainage system is unblocked. She further sought to know the long-term measures that the Ministry intends to implement and guarantee proper supervision of the routine maintenance contract and ensure that the road is maintained to the required standards.

Hon. Deputy Speaker, I beg to respond as. Regarding why the road has not been routinely maintained, the Ministry submitted that the road project is located in both the Uasin Gishu and Nandi Counties and the road is currently under maintenance from zero kilometre to 12 kilometres that begins from Kapseret area within Uasin Gishu county. So, the road is under maintenance.

Regarding the three ring-roads, the Ministry submitted that that the RIVATEX- Kipkaren River road covers 14.0 kilometres in Uasin Gishu county and 33.34 kilometres in Nandi County. Kabiemit-Kaplemur covers 3.95 kilometres to Nandi County and St. Teresa’s Sugoi B. Dispensary covers 4 kilometres in Uasin Gishu county and 4.085 kilometres in Nandi County.

The project was substantially handed over on 18th April 2024 and it entered into a defect liability period of 12 months and the maintenance period is 36 months and is scheduled to end in April 2028.

Regarding the details of the routine maintenance works, the Ministry submitted that the works comprise both bush clearing, cleaning of the side drains, access and closed culverts to free flow conditions while the maintenance for instructed works covers earth works, excavation, filling of trenches, culverts and draining works, reinstatement of road-shoulders, repair of base and sub-base layers and surface dress and patch work for failed sections and road furniture.

The contractor engaged is called Kabuito Contractors Limited, the duration of the contract is 36 months and the contract sum is Ksh.302,815,680.

Regarding the contractor's progress, the Ministry submitted that instructions to commence maintenance works were issued and the contractor started the works in November,

Hon. Member for Nandi County, are you satisfied with the response?

Thank you, Hon. Deputy Speaker. Allow me to state how I feel about this particular response.

First, let me thank the Committee. Honestly speaking, this is one of the things that has been reported back in good time, so to speak. I want to appreciate the Committee for providing that response. I just want to note that the contractor is being a bit reactive. It was immediately after I sought this statement that they were able to go back to the field and start the clearing. However, the clearing that is being done now is not systematic. They are just clearing, leaving it, and then clearing and leaving it. They are not doing a good job.

Again, they have focused only on clearing the bush and have not addressed the drainage, which is a problem. If you use that route, as you, Hon. Deputy Speaker, and I do more often than not, you will notice that at Lemok Centre, where the water is supposed to drain into the river, there is a problem. Every time there is a lot of water because the drainage is poor, it overflows onto the road, damaging it.

At the other junction, popularly known as Kapchemuriet, the same is happening, and the poor drainage has started seriously damaging the road. Further down, at Ndalat and Malando, and at Salient, where Kipkaren River crosses, there is also a huge problem. The contractor has not been able to repair or replace the guardrails. The situation is dangerous, and as you approach the bridge, which is quite big, there is significant damage to the tarmac and it has been like that for the last several months.

Efforts to get this particular contractor to come to site and undertake the necessary repairs, especially around the bridge, have been futile. We have not received any support from them, and they have not been able to go there. This leaves me asking a lot of questions. The job and the contract require this contractor to conduct routine checks to ensure that the drainage is okay, that there are no problems with the road itself, and that the guardrails installed along the road are in good condition. However, it appears that the contractor is not paying attention to any of this.

If we continue like this, we risk having a pathetic road within a few years. It would be cheaper to maintain the road while it is still in a maintainable condition, rather than wait until it completely wears out and requires a new road altogether.

I appreciate the response, but again, I want to ask that this contractor, through the Ministry, be able to do their job diligently, including carrying out the necessary maintenance and clearance and paying attention to the drainage. This will help us save taxpayers’ money and ensure that the road is properly maintained and remains in good condition for longer. I appreciate the response, Hon. Deputy Speaker.

Thank you, Hon. Barasa, have you noted what she has said?

Thank you, Hon. Deputy Speaker. I have noted, and I also want to confirm that even I and the people from Western use this road quite often. May I suggest that I get to the Ministry today so that when we are going home over the weekend, the Ministry can arrange a small site meeting along that road. This will enable us to ensure that whatever the contractor is doing is not a knee-jerk reaction, and that the concerns raised by the Hon. Member, who is a very serious Hon. Member, are taken into account.

Especially now, as you move towards the junction that goes to Kipkaren River, there is that bridge. It is a very small bridge, and at times, it gets flooded. The Ministry has actually committed to sorting this matter out. As a Committee, we are going to follow up on this matter as if our lives depend on it, Hon. Deputy Speaker.

Thank you very much. Thank you, let us move to the next Order.

Majority Leader, because it is just a procedural Motion, there is no need to belabour the point. Yes, just move it, have it seconded in one sentence, and then we proceed.

Thank you, Hon. Deputy Speaker. I will keep to my style. When it comes to Procedural Motions, we do not belabour the point.

Hon. Deputy Speaker, I beg to move: THAT, this House resolves to exempt the business appearing as Order No. 11 in today’s Order Paper from the provisions of Standing Order 40(3), being a Wednesday Morning, a day allocated for Business not sponsored by the Majority or Minority Party or Business sponsored by a Committee. This Bill, the Trust Administration Bill, is an important piece of...

We debated it yesterday. Everyone knows how important it is, so just have somebody second...

But I need to put it on record why we are actually seeking exemption. It is procedural.

Yesterday it was spoken to...

It is procedural that I say why. This because this is an important piece of legislation that needs to take precedence so that we can conclude it in good time and have the Committee of the Whole in the afternoon.

With that, I beg to move and request Hon. Cynthia Muge to say, “I second.”

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

Put the Question. (Question put and agreed to) (Hon. Phelix Odiwour spoke off the record)

Hon. Jalang’o just walked in. I do not think he knew what was happening.

On a point of order, Hon. Deputy Speaker.

Yes, Deputy Leader of the Majority Party.

Hon. Deputy Speaker, we had a very robust debate on this, and I think, having done that, it is proper that we call upon the Mover to reply so that we can move forward. The debate was good, and Members made their points. The Mover of this Motion, Hon. Didmus Barasa, whom I have seen here, has stepped out. I think Hon. Pukose can reply on his behalf.

Yes, I can reply on his behalf.

Proceed, Hon. Pukose.

Hon. Deputy Speaker, my colleague, Hon. Didmus Barasa, who is the sponsor of this Bill, has just stepped out. On his behalf, I want to thank the Members for their contributions.

Hon. Pukose, I realised I needed to put the question before you reply.

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

Proceed.

Hon. Deputy Speaker, on behalf of Hon. Didmus Barasa, Member for Kimilili and the incoming Governor for Bungoma, I wish to thank the Hon. Members for their contributions to this Employment (Amendment) Bill. This is a very important Bill. As you are aware, this Bill will resolve many outstanding issues, especially in terms of the transfer of people. Sometimes people are transferred as a form of punishment, and they may be sent to very harsh environments. Therefore, this has to come to an end with the passage of this Bill.

On behalf of Hon. Didmus Barasa, I thank Hon. Members for their contributions. With those few remarks, I beg to reply. (Question put and agreed to) (The Bill was read a Second Time and

Committed to Committee of the whole House)

Is the House ready for the Committee of the whole House?

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

THAT, Clause 3 of the Bill be amended by deleting the proposed new subsection (1A) and substituting therefor the following new subsection — (1A) One of the members of the Board appointed under subsection (1) shall be one of the executive board members of the national office, nominated and agreed upon by the executive board of the Alternative Provision of Basic Education and Training Schools in Kenya. The proposed amendment seeks to enhance flexibility by deleting the Alternative Provision of Basic Education and Training (APBET) executive board to nominate any qualified national office member rather than limiting representation to the national chairperson. This will ensure continuity during the leadership transition, prevents representation gaps and strengthens internal democracy within APBET.

We propose the deletion of clause (1A). Thank you. (Question of the amendment proposed) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. TJ, you have a similar amendment, go ahead and comment on this. (Hon. TJ Kajwang’ spoke off the record) You have forgotten your card’s password? Table office will assist you.

Hon. Temporary Chairlady, we keep too many passwords in our heads and unfortunately, I forgot the password to control this.

Hon. Temporary Chairlady needs to come forth and explain exactly where we are because, Hon. Oluoch who is the mover of the Bill is on clause 3, and says:

(1A) One of the members of the Board appointed under subsection (1) shall be one of the executive board members of the national office, nominated and agreed upon by the executive board of the Alternative Provision of Basic Education and Training Schools in Kenya. That is the same information that I have heard the Hon. Chairman talk about. I also agree that it should not be tied to the national office. The thinking here is that if a Board member is appointed from the national office, nominated and agreed upon by the Executive Board, then that would help end many of the crises and misunderstandings.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Kajwang’, when you look at the amendment by the Chairman of the Departmental Committee on Education, Hon. Melly, and the one proposed by Hon. Anthony Oluoch, you will realise that they are actually the same.

I was trying to understand the difference between what the Chairman is proposing and Hon. Oluoch’s amendment.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Once you understand the difference, you will realise that you are not working in the spirit of Hon. Anthony Oluoch because they have consulted and are proposing the same thing. They have already agreed.

Yes. Without considering what Hon. Oluoch will say, I also think it would be nice not to restrict the appointment to the national office. So, can I have the Chairman’s undertaking that we are saying the same thing?

We are saying the same thing.

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

Can the Chairman drop his amendments because I am the Mover of the Bill? If the amendments are the same and I am the Mover of the Bill, can the Chairman drop his amendments so that mine succeeds?

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): It is inconsequential. You can only agree with the Chairman.

No. I am the owner of the Bill. So, what does he say?

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Chairman?

Hon. Oluoch’s earlier proposal was for Board members to be appointed from among the people at the local level without consulting or reaching an agreement with the national office. However, we consulted and agreed on the matter. As the Departmental Committee on Education, we made a proposal, which he accepted. I did not know that he had gone ahead and incorporated our proposal. So, in effect, this was our amendment, which he accepted, and we are, therefore, carrying it.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Clause 3 as amended agreed to)

Hon. Temporary Chairlady, I beg to move: THAT, Clause 7 of the Bill be deleted. This clause is actually redundant because it deals with infrastructure and registration which have already been covered under Section 39E of the Basic Education Act. Other institutions are guided by the Registration Guidelines of 2015. Registration remains essential for access to Government services.

Further, extending public funding to private institutions without a clear audit framework would contravene Article 229 of the Constitution of Kenya and Section 7 of the Public Audit Act, Cap. 551. As a Committee, we propose that the clause be deleted because it contravenes several provisions. The registration of other schools is already covered under Section 39 of the Basic Education Act.

(Question of the amendment proposed)

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): It is a consensus. Hon. Members…

The great man from Mathare has just walked in. Therefore, that ends my brief. I hereby relinquish my position as the Member for Mathare.

Thank you, Hon. Temporary Chairlady. My apologies for walking in late. We agree with that amendment because it does not fundamentally affect the provisions or the gains we seek to achieve through the Bill. Therefore, we will allow that amendment by the Chairman.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Members, I can see that many Members are indicating interest in this matter. If you would like to participate in this Bill, please press the intervention button.

(Question, that the words to be left out be left out, put and agreed) (Clause 7 deleted) (Clause 8 agreed to) Clause 9 The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Anthony Oluoch.

Hon. Temporary Chairlady, I beg to move: THAT, the Bill be amended by deleting Clause 9 and substituting therefor the following new Clause—

I have heard Hon. Anthony Oluoch, but, in effect, Clause 9...

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Chairman, before you proceed, it is important for you to know that if Hon. Oluoch's amendment succeeds, then yours will fall.

Yes. I want to speak to what Hon. Oluoch has just indicated. In the earlier clause that the Committee proposed to delete was actually trying to ensure that APBET schools are registered and recognised as part of the State-owned schools. In effect, that cannot be the case because these APBET schools are owned by churches, NGOs and individuals. Therefore, we cannot put them in the same category as State-owned public schools. As a Committee, we are proposing that, if it is a matter of registration alone without State or public funding, then it would be proper. I hope that is the case. Hon. Oluoch has proposed that in Clause 9. Kindly read what you have in Clause 9 now. We need to be clear on that because if we proceed as, it is, then it will be different. However, if you are correcting Clause 9 and going to Section 43, then we shall support that.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Chairman, are you disagreeing?

Yes. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): May I please hear other opinions on this?

Hon. Temporary Chairlady, could we read the clause as proposed by the Chairman?

Hon. Temporary Chairlady, I think Hon. Oluoch and the Chairman of the Departmental Committee on Education need to move quickly and agree because these were the two biggest bones of contention. The veteran who is also a wakili is in the House. I recall there was a consensus which they should bring to the Floor of the House. We agreed that, instead of preventing these schools from being registered and recognised, we should first recognise them, after which the issues of funding can follow. That matter took a lot of time in many spaces, including the House Business Committee and other Committees.

As they come on the Floor, they should have now agreed on this so that it is seamless. Otherwise, they will force us into a vote, and if we get to that point, you will find that we may even be called upon to recommit some of these clauses later on. They really need to agree because they have been meeting.

Thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. TJ, please, proceed.

Hon. Temporary Chairlady, please approach this amendment with an open mind. We are working for Kenyan children and we are trying to cater for these indigent children who, because of circumstances beyond their control, do not have access to education. So, please just make it easy for us as legislators to make the best law possible for these children.

Hon. Temporary Chairlady, when you look at this, Hon. Oluoch is very clear that he is appealing for recognition of these schools, which will help the institutions for purposes of regulation. In fact, he is a very responsible Member. He is saying that there should be regulations, governance and standards. So, all he is doing is supporting the regulations which will come. I have an amendment which will come and which speaks to regulations. If you do not have Clause 43, because 43 is the foundation, when we come to the regulation which I am going to propose under Clause 52H, you will find that the Cabinet Secretary will therefore make regulations and provide for governance on this.

Number two, please, Chair, even if these schools are run by churches and communities, who runs the school is not the issue. The issue is the Kenyan child who must have access to education. The issue is about Article 43 of the Constitution, which provides for social and economic rights, including the right to education. Whoever is managing the school, it is we, as Government, who should mind how we regulate the owners of these schools. We cannot say that we are not going to put them in the same category as public schools because, in that statement, Chair, you have given us what we cannot speak out there, because it is discrimination. It is against Article 43.

What we should do is that every child, whichever way, whether in what we call public schools or whether we call them this, it is us who have the mandate to be able to regulate them. So, in short, although we have agreed with the Chair, I was just trying to set a tone on how we can approach this. But we have agreed that Hon. Oluoch is correct in proposing, in Clause 9, the addition of Article 43A.

Thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you, Hon. Kajwang’. Hon. Chair, are you convinced?

Yes, thank you, Hon. Temporary Chairlady…

I am convinced because this is about managing, regulating and administering these schools. That is the very important part. However, even if they are run by whichever institution, the Government has to be involved to ensure that the standards and management of those schools are in order. So, I agree with Hon. Oluoch.

(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 9 as amended agreed to) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Members, you realise that Clause 10 has four amendments. We will just go systematically. Clause 10

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): There is an amendment by Hon. Anthony Oluoch. That is 52B. If it is carried, there is another amendment by the Leader of the Majority Party and the Chairperson of the Committee. If Hon. Anthony Oluoch's amendment is carried, then the ones by the Leader of the Majority Party and the Chair fall. So, we start with that. That is 52B. You may proceed, Hon. Oluoch.

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

THAT, Clause 10 of the Bill be amended—

I want to thank Hon. Oluoch because I support his position that the intention is finally to have the schools get funds because they are

Thank you, Hon. Temporary Chairlady. As much as I want to agree with my colleagues that we fight another day, it is not about fighting another day. It is about looking for better ways to help Kenyan children. Hon. TJ is a lawyer, and Oluoch is a lawyer. When we remove "shall" and replace it with "may", I want to say that even without "may", the Government in future might just find it appropriate to include them. They are not obligated, but if they feel that these are really Kenyan children, then they will give us the monies that we require. We are not saying we will fight another day. We are just saying that we are giving a position that will allow the Government some leeway to act.

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

Hon. Temporary Chairlady, let me weigh in on this "shall" and "may". Although the Chair seems to think, and Oluoch agrees, that the change to "may" makes it better for Government as of today, nothing is further from the truth. "May" can be used, which means either discretionary or directory. In this use, where we are, it is actually directory. Chair, look at this. Once this education sector has been recognised, your hands are tied. You have to bring a budget proposal to this House.

The Ministry must come up with a plan, formulate policies and find where money is. You must bring to us a Budget proposal that covers this group of people. Whether you use ‘may’ or ‘shall’, in my view and considered view, the use of ‘may’ here is directory. While I support Hon. Oluoch for being magnanimous and expeditious, I think Hon. Orero is right. Once we have passed this, we do not need to bring another legislation to this House. We will only come during the Budget period and ask the Chair what he has done about this group of people.

Thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Members, I would like to now put the question on the first amendment. (Hon. Julius Melly spoke off the record) Okay, Chair.

Thank you, Hon. Temporary Chairlady. I agree with Hon. Oluoch. We had a give and take on this. These are Kenyans and in future when the economy grows and when we have better resources, they have a right to be funded. They are part of our population. To prevent this from becoming a Money Bill and becoming a burden to this House, we decided to use the word ‘may’. As Hon. Kajwang’ has indicated, in future, it will take the position of giving direction to the Government. It will not be for the interest of anyone; it is for the interest of the nation.

I support that particular amendment. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you. Hon. Members, I will now put the question on the first amendment.

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

Hon. Temporary Chairlady, I beg to move: THAT, Clause 10 of the Bill be amended by —

Hon. Temporary Chairlady, I beg to move that Clause 10, touching on 52H, be amended as per the Order Paper. The purporse of this is to insert the following new sections immediately after the proposed section 52H. This is to put conditions for the registration of APBET schools.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Oluoch, I think you are reading the wrong Clause. Please make reference to 52H.

This is the one under Clause 10(b). Let me take this again. Hon. Temporary Chairlady, I beg to move:

THAT, Clause 10 of the Bill be amended—

Hon. Temporary Chairlady, I agree with substituting the word “shall” with “may”. I have no problem with it.

I think it would be best to take each step by step. (The Clerk-at-the-Table shook his head) Do not shake your head. You are giving me a negative vibe. You need to understand that in my amendment, there is subsection 2, which is peculiar to the amendments by the Leader of the Majority Party and Hon. Oluoch. In fact, since my amendment is bringing a new import, subsection 2, in this case, I should be the first person to be heard on this. It is a new import. Subsection 2 is very important in regulating the whole of 52HA. I do not know whether I am clear.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Kajwang’ and Hon. Oluoch, please approach the Table.

(The Temporary Chairlady consulted with Hon. Tom Oluoch and Hon. TJ Kajwang’) (Hon. Julius Melly, Hon. Anthony Oluoch and Hon. TJ Kajwang’ consulted with the Temporary Chairlady) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Oluoch, you will move the amendments to New Sections 52HA and 52HB as the legal team and Hon. Kajwang’ will deal with New Section 52HC.

You may proceed.

Hon. Temporary Chairlady, I beg to move: THAT, Clause 10 of the Bill be amended—

Okay. New Section 52HA of the Bill simply brings accountability, structure, systems, management and record keeping in the management of schools.

I beg to move and ask Hon. Members to support this amendment. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai: Since you want to explain the amendment, I will give you more time. I will give you two more minutes. Please, go ahead.

I have already explained what is in the Order Paper. The amendment is about the system, structures and management, which came out during the debate in the Second Reading of the Bill. Hon. Members wanted to see the management and accountability structures on how this can be done. (Question of the amendment proposed) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Omboko Milemba, Member for Emuhaya.

I agree with everything that Hon. Oluoch has said.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): The amendment is on New Sections 52HA and 52HB.

When he spoke the second time, he was able to solve the grey area that was inside me. The amendment has been explained well.

Thank you. (Question, that the words to be inserted be inserted, put and agreed to) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I will now go to New Section 52HC and give Hon. Kajwang’ a chance to move his further amendment.

Let us move the further amendment to New Section 52HB first.

I am ready. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. TJ, go ahead and move New Section 52HC in an amended form.

Firstly, let us deal with the further amendment. Hon. Temporary Chairlady, I beg to move: THAT, New Section 52HC be further amended by deleting the word “three” and substituting therefor with the word “six”. Hon. Temporary Chairlady, you need to put the Question on the further amendment from “three” to “six.” I am asking that the word “three” be replaced with the word “six.”

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. TJ Kajwang’ you have not moved the further amendment. Please, go ahead and move and then give the justification.

Hon. Temporary Chairlady, I beg to move: THAT, New Section 52HC (2) be further amended by deleting the word “three” and replacing it with the word “six”. The import of that amendment is to ask the Cabinet Secretary to publish these regulations within six months instead of the initial three months that have been proposed. I realised that three months would be a short period of time. (Question of the further amendment proposed) If the regulations are published within six months, they would come to the House’s

Hon. Temporary Chairlady, I beg to move: THAT, Clause 12 of the Bill be deleted. This is entirely on the funding of private institutions, which is contrary to the legal framework. Public resources under the Basic Education Act are strictly directed to public schools established by the government.

In effect, this deletion is intended to ensure that we follow the dictates of the Basic Education Act. I know that the Member for Mathare went further to propose amendments to some claused of this Bill, but the Committee saw it fit that we cannot fund private institutions across the country using public resources.

I propose it be deleted. (Question of the amendment proposed)

While I agree in principle on the issue of funding, because of the Money Bill implications, I do need to go on record because I have laboured to try and convince the Committee, including the Chair. There is no third tier of public schools that we are creating called APBET. There are only two sets of schools under the Basic Education Act. One is public, and the other is private. The APBET schools are not private schools, and we are not asking the government to fund private schools. When that sinks in, then we will be on the same page.

What we are saying is that there are some schools that operate within informal settlements. Under Article 43 of the Constitution, there is some exclusion that is happening. So, we are asking that, within the confines of public schools, we accommodate the informal schools that operate out there. They are still part of our public schools. They are not private schools. The government structures that we have approved already speak to that question: Why this category of public schools within a certain area in informal settlements must meet certain requirements— government structures, leadership, accountability and financial.

We should not leave here with the impression that APBET schools are private schools. They are not. I hope that settles in our minds - that, when we pass this Bill, we do not create a funding mechanism for private schools. The APBET schools are not private schools. In fact, in the long run, we are seeking to mainstream them so that they come to the same level as mainstream public schools in the manner in which they operate.

I thank you. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Chair.

Yes, APBET is actually not private per se, but its management and operations do not meet the standards of a public school. That is the only issue. I agree with what Hon. Kajwang’ and the Member for Mathare are saying, but the schools must be mainstreamed to the required level. That is why we are deleting it. I thank you for agreeing with my deletion proposal so that we maintain the standards within public schools.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Yes, Hon. Omboko.

I came specifically for this proposed amendment. We really wanted the schools to be funded. However, Hon. Members will remember that we once fell into the same trap with universities and ended up funding private universities without putting in place a proper law, and you can see how far that went.

Hon. Oluoch, you have done a very good job. Let us mainstream them, and then they can start receiving funding.

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

(Question, that the words to be left out be left out, put and agreed to) (Clause 12 deleted) New Clause 13 THAT, the Bill be amended by inserting the following new Clauses immediately after Clause 12— Revocation of Part V of L.N.39 of

Hon. Temporary Chairlady, I beg to move that clause 13 be now read a Second Time…

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): “New clause”.

Hon. Temporary Chairlady, I beg to move that the new clause 13 be now read a Second Time.

(Question, that the new clause be read a Second Time, proposed) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I do not see any interest in this proposed amendment. I see the Departmental Committee Chairman. You can consult.

(Hon. Julius Melly consulted with Hon. Owen Baya and Hon. TJ Kajwang’) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Proceed, Departmental Committee Chairman.

Hon. Temporary Committee Chair, we have consulted with the Mover, Hon. TJ Kajwang’, and we are in agreement. So, it is just to make a further amendment to change six months to 12 months. I think he needs to pronounce himself on clause 14.

We are on clause 13. We can proceed.

Hon. Temporary Chairlady, I beg to move that the new clause 14 be now read a Second Time.

(Question, that the new clause be read a Second Time, proposed) I have a further amendment to new Clause 14. I seek to replace the word “six” with the word “twelve” for the period during which learners or directors will have to apply under the APBET to the Cabinet Secretary. This should be twelve months; not six months.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Kajwang’, let us first deal with your amendment as it is. You will then move your further amendment.

(Question, that the new clause be read a Second Time, put and agreed to) Now move your further amendment.

Hon. Temporary Chairlady, I beg to move that new Clause 14 be further amended by deleting the word “six” and replacing it with the word “twelve”. The APBET schools would have to apply within twelve months to be registered under the regulations that will be set by the Cabinet Secretary. This is consistent with what we have done before, allowing the Cabinet Secretary to give their regulations within six months. Therefore, within six months after we have processed the regulations, the schools can apply within twelve months for registration. (Question of the further amendment proposed) The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Yes, Hon. Julius Melly.

I did not intend to speak to this proposed amendment. However, I note that the amendments are administrative and procedural in the sense that immediately this Bill comes into force, the schools will not have enough time. They

I rise to support the proposed further amendment to that provision. Six months was quite unreasonable.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Timothy, are you supporting the further amendment by Hon. Kajwang’?

Yes, I support the further amendment. Twelve months is within the budget cycle, so if there is any monetary implication, that can be factored in. Further, we have stated that the regulations need to be adopted within six months. Having the two timelines run concurrently would be a bit unreasonable. Twelve months is reasonable in this context.

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

Thank you. I stand to support. The Leader of the Majority Party had a similar amendment. We agree that six months would have been very tight. Given that we moved the regulations to six months, it is important that we also extend this transition to twelve months.

We support. (Question, that the word 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) (Question, that the new clause be added to the Bill, put and agreed to) Clause 2

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): We have an amendment by the Chairperson. If his amendment is carried, the proposed amendments by the Leader of the Majority Party and Hon. Anthony Oluoch will automatically fall.

Please proceed, Hon. Chairperson.

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

THAT, Clause 2 of the Bill be amended by deleting the definition of “Alternative Provision of Basic Education and Training” and substituting therefor the following new definition — “Alternative Provision of Basic Education and Training” means an organised form of learning set up to deliver basic education and training to disadvantaged persons who, due to various circumstances, cannot access formal schools;” This amendment seeks to expand the definition of APBET to include schools in far- flung areas of the country, especially in nomadic regions. This will ensure that every child enjoys the right to basic education. Previously, APBET had been confined to informal

I am on a point of information. We have a number of students in our Gallery. Can you spare some time to recognise them?

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): I will do so. Normally, we wait for them to be processed and brought to the Table.

Yes, Deputy Leader of Majority Party.

Thank you. We had a similar amendment. I agree with the Chairperson regarding the clearer definition of APBET schools as contained in the Bill. We adopt the proposed amendment by the Chair so that we do not restrict it to slums, but ensure that all Kenyans who can benefit from this arrangement receive basic education.

I support. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Anthony Oluoch, would you like to say something on this proposed amendment? You had an amendment.

Hon. Temporary Chairlady, I had a similar amendment. I agree with the proposed amendment as moved by the Chairperson.

The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Hon. Timothy Toroitich, Member for Marakwet West.

This is a progressive amendment. Previously, APBET schools were limited to those in Nairobi’s slum areas. This anomaly is now being addressed by including marginalized areas and vulnerable communities. This opens up opportunities for other areas that were not initially provided for in the proposed amendments.

I support this provision. (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) (Proposed amendment by the Leader of the Majority Party dropped) (Proposed amendment by the Hon. Anthony Oluoch dropped) (Clause 2 as amended agreed to) Hon. Members, seated in the Speaker's Gallery this morning, are students from Kiamugumo Girls School, Gichugu Constituency, Kirinyaga County. May they stand to be recognised. We also have students from Kariki Comprehensive School, Ndaragwa Constituency, Nyandarua County.

They are welcome to the National Assembly. I now give a chance to the Hon. Member for Kibra, who really wanted them to be recognised, to welcome them to the House.

Thank you, Hon. Temporary Chairlady. It is a memorable moment when students get time to visit this august House having travelled all the

Hon. Temporary Chairlady, I want to truly thank you. I join my neighbour, Hon. Mwalimu Orero, to welcome these most amazing learners from our area of jurisdiction. I share a border with Hon. Orero. Some of the students here from the most amazing school that Hon. Orero is developing are from our constituency.

I invite the learners to the House of Parliament to see where all laws in Kenya are made. I remind them that there is no law that is made in courts. Any law they see is made in this House. I refer them to a textbook that talks about Hammurabi, the law giver. I would like them to know that this is the House that gives laws to this country. We make laws for the society and the just government of the people.

Hon. Temporary Chairlady, allow me to ask that some of the learners take interest in civics of our country, understand its history, and aspire to come here to represent their people in this very esteemed House, where laws and the Budget of this country are made.

We wish them the best in their life as they become the best that they can ever be. Welcome. I join my neighbour, Hon. Orero, Mwalimu, in thanking them. Let them follow proceedings of this very important Bill that was brought by yet another teacher, my colleague, Hon. Wakili Oluoch. I am talking about the Basic Education (Amendment) Bill, which affects learning and the way we carry out education in this country.

I am profusely thankful for that opportunity. Asante Sana. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai): Thank you. (Title agreed to) (Clause 1 agreed to) I now call upon the Mover to move reporting. Mover, Hon. Oluoch.

Hon. Temporary Chairlady, I beg to move that the Committee do report to the House its consideration of the Basic Education

(Amendment)

Bill

(National Assembly Bill No.3 of 2025)

and its approval thereof with amendments.

(Question put and agreed to)

Hon. Chairperson, report to the House.

Hon. Temporary Speaker, I beg to report that the Committee of the whole House has considered the Basic Education (Amendment) Bill (National Assembly Bill No.3 of 2025) and approved the same with amendments.

Mover of the Bill!

Hon. Temporary Speaker, I beg to move that the House do agree with the Committee in the said report.

I request Hon. TJ Kajwang’ to second the Motion for agreement to the Report of the Committee of the whole House.

Go ahead, Hon. Wakili Kajwang.

Hon. TJ Kajwang’ (Ruaraka, ODM) seconded.

You decided to bow. (Question proposed) (Question put and agreed to)

I now call upon the Mover to move Third Reading.

Hon. Temporary Speaker, I beg to move that the Basic Education (Amendment) Bill (National Assembly Bill No.3 of 2025) be now read a Third Time.

I request Hon. Mwalimu Orero to second.

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

Let me give the first opportunity to the Deputy Leader of the Majority Party.

Thank you, Hon. Temporary Speaker. At the outset, Hon. Oluoch has made us very proud by sponsoring this, Bill. Somebody told me that poverty in towns and cities is deeper than that in rural areas. In towns, especially in the slums, for one to eat and educate or do anything, they must have money. In rural areas, one might miss money to buy food but might have a small farm from where they can pluck some vegetables,

Hon. TJ Kajwang’.

Hon. Temporary Speaker, I want to immensely congratulate Hon. Oluoch. He has taken weight off our backs. It has been over 30 years of struggling to get this information in the ears of the Executive. I am proud that even though this Bill did not come from the Executive, it has come from this House. That, in itself, makes me proud.

Hon. KJ.

Hon. Temporary Speaker, I stand proudly declaring that I am a teacher and I acknowledge too that I went to school with Hon. Anthony Oluoch. Before he became Wakili, he was an artist and an educator. In the House too is my neighbour, Mwalimu Orero. We are so grateful to see this happen today. I also must call out the Hon. Chairperson of the Departmental Committee on Education and recognise what he has done in the journey of enacting this Bill that was brought by Hon. Anthony Oluoch.

I remind myself that the gracious lady who is sitting on the Speaker’s seat is a teacher by training. Enacting this Bill is great for education in our country in a time such as this. Hon. Oluoch, you should be extremely proud of this Bill you have brought to Parliament that seeks out to equalise education in our country.

Hon. Temporary Speaker, most might not understand that the majority of our learners in the city of Nairobi go to schools that are called alternative providers of education. A school being termed as “alternative” means that these children are not in mainstream schools. The effort put in, today morning, here in Parliament, is meant to mainstream the child of Dagoretti South or Nairobi into education. This is important because education can change the fortune of an individual, society, and even country.

Every time we speak about our journey towards Singapore, we must always be reminded that the journey towards the First World shall be informed by skills. These skills are not just basic skills; they are relevant skills that the country needs to upgrade itself from a Third World to a First World country. Therefore, as we make efforts of moving this country to a First World, we must remember that the software is education.

I commend Hon. Oluoch for his impressive work in the 12th and 13th Parliament. I stand to support this Bill and to see to it that it is enacted. I also appeal to the Chairperson of the Departmental Committee on Education to rein in on the Ministry. They are lagging behind even with the law that already exists. What we imagine education to be in Kenya is not what it is. Therefore, this House must step up to the plate and ensure the Ministry adheres to capitation as implemented. They must ensure the quality of education in the syllabus is as prescribed by our guiding principles. This is neither a Bill for Hon. Oluoch nor for Nairobi only, but for Kenya. It speaks to the bigger picture that we see Kenya developing into.

Hon. Temporary Speaker, I thank you for the opportunity. The great Martin Luther King tells us that the function of education is to teach one to be able to think intensively and critically. Intelligence plus character is the goal of true education. We are looking to see our children come from those mabati and cardboard contraptions and have an education setting and atmosphere that allows them to develop their faculties to the level where they can think critically and intensively as well as gain intelligence and character. It is because that is the true goal of education as espoused in our guiding principles, our Constitution, and the law that we are passing.

Hon. Temporary Speaker, I thank you for the opportunity. Congratulations Mwalimu, Wakili, Hon. Anthony Oluoch.

Hon. Members, several of you have indicated that you would like to comment. Therefore, make brief comments. The Chairperson, Departmental Committee on Education and Member for Tinderet.

Thank you, Hon. Temporary Speaker. Let me commend the two Members of Parliament, Hon. TJ. Kajwang’ and the Hon. Member for Mathare, who have been very vocal and insistent in trying to have this Bill sail through.

Hon. Timothy Toroitich, Member for Marakwet West, make quick comments as we have agreed on the time.

Hon. Temporary Speaker, I wish to take this opportunity to salute Hon. Anthony Oluoch for this progressive amendment to the Basic Education Act. Article 43 of the Constitution provides that education is a basic fundamental right. This amendment is one of the ways of realising the benefits of Article 43 of the Constitution.

Children in informal settlements and marginalised areas in this country face challenges, especially where there is inadequate provision of basic facilities in educational institutions. I, therefore, wish to congratulate Hon. Oluoch. This provision has also expanded the definition of "Alternative Provision of Basic Education and Training" to include, apart from informal settlements, marginalised areas, vulnerable communities, and other areas where access to formal education in schools is inadequate.

We are, therefore, realising the benefits of Article 43 of our Constitution, and in my view, that is very progressive. Congratulations, Hon. Anthony Oluoch.

Hon. Gitonga Murugara, you are next. We will all have one minute each to contribute so that we can move to the next business.

Hon. Temporary Speaker, let me commend the two advocates who are also Members of this House. This shows that advocates understand education matters. We are led by yet another advocate, the Cabinet Secretary for Education, Hon. Julius Ogamba, who is doing very well in that Ministry. I also commend the members of the Departmental Committee on Education for doing a fantastic job. We are all committed to ensuring that education in this country meets the required standards so that our children can get the best. This should not just be limited to urban areas; we must also improve school infrastructure, provide capitation, and ensure that children learn in rural areas.

Thank you very much to the two advocates.

Hon. Peter Orero, Member for Kibra, you have one minute.

Thank you, Hon. Temporary Speaker. I wish to congratulate my colleague, Hon. Oluoch, for bringing up this Bill. These two colleagues, Hon. TJ and Hon. Oluoch, are also my mentors in matters relating to the procedures of the House. On this Bill, I would like to note that Alternative Provision of Basic Education and Training (APBET) schools in our constituencies, particularly those in informal settlements, are more than the public schools. In my constituency, I have only 11 public schools and over 150 APBET schools.

This means that many children in my constituency go to APBET schools yet these institutions have never been recognised in law. This is a milestone in our history in terms of advancing education and providing quality education in informal settlements. Now that the provision has been extended to other areas, including nomadic and vulnerable regions, more Kenyan children will benefit.

Hon. Millie Odhiambo, Member for Suba North and the Whip of the Minority Party.

Thank you, Hon. Temporary Speaker, for giving me this opportunity. I would like to thank Hon. Anthony Oluoch for bringing this Bill. As a passionate advocate for vulnerable and marginalised groups, I believe this is a milestone in ensuring access to education for these categories, especially children in informal settlements. Our final aspiration is to scale up our education standards so that, eventually, APBET schools will be history. Once again, thank you, Hon. Anthony Oluoch. Congratulations.

Hon. Beatrice Elachi, Member for Dagoretti North, proceed.

Thank you, Hon. Temporary Speaker. I also wish to thank my colleague, Hon. Anthony Oluoch, who has been very consistent on this matter. As we move forward, particularly under the Competency-Based Curriculum (CBC) system, it is important that the Ministry looks at APBET schools to ensure that our children get favourable education and no one feels that one system is superior to another. I hope the Ministry will look at the amendments and support us. I support the Bill.

Thank you, Hon. Temporary Speaker.

Hon. Suzanne Kiamba, Member for Makueni.

Thank you, Hon. Temporary Speaker. I also take this opportunity to congratulate my colleague, Hon. Anthony Oluoch, for bringing this important Bill. This Bill offsets our long-standing bias against children in the informal sector and responds to a real and urgent need. I congratulate Hon. Oluoch for uplifting these children, who should have been served a long time ago. In the absence of this Bill, these children have been suffering.

Hon. Anthony Oluoch, proceed.

Thank you, Hon. Temporary Speaker and Hon. Members. Today, I feel very proud of what I started nine years ago. This is something that I began in the 12th Parliament, when the Bill was introduced but lapsed. It was re- introduced in the 13th Parliament. It has not been easy, but it has been a learning curve. We have had to haggle, argue, and, at times, lose our tempers, as I did in the last Sitting. Hon. Temporary Speaker, I thank the Majority Party, the leadership of the House, the Clerk of the National Assembly, the Speaker of the National Assembly and Hon. TJ Kajwang’ who helped in the mediation when the Bill would have died because of the very sensitive question of the Money Bill issue. It is not easy.

Hon. Members, before we go to Order No. 11, I would like us to go to Order No. 5 so that we can give a chance to the Chairman of the Departmental Committee on Justice and Legal Affairs to lay a Paper. You may proceed, Chairman.

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 Trust Administration Bill (National Assembly Bill No. 29 of 2026). Thank you very much, Hon. Temporary Speaker.

Thank you. Next Order.

Hon. Members, this is resumption of debate on the Trust Administration Bill (National Assembly Bill No. 29 of 2026). The Members who have interest to contribute to this Bill may go ahead and debate.

Hon. Chairman.

Thank you very much, Hon. Temporary Speaker.

I rise to support the Trust Administration Bill (National Assembly Bill No. 29 of 2026). We have just laid the Report of the Committee which I urge all the Members to obtain a copy and familiarise themselves with it.

In a nutshell, first and foremost, I thank the Members of the Departmental Committee on Justice and Legal Affairs, some of whom may be present to debate the Bill. We went through the Bill with a tooth comb and eventually came up with recommendations, including proposed amendments that will be moved in the Committee of the whole House.

We are enriching the Bill so that we have a very good law that governs administration of trusts in the country.

I must begin by pointing out that trusts are part of business ventures in the country because a majority of them, including charitable ones, have an element of business. That is why we are going to vest trusts administration in the big office of Business Registration Service that will be controlled separately from companies, partnerships, firms and other businesses that are registered in this country. Trusts will be a section the office of Business Registration Service and will be administered from there.

I confirm that we met interested parties during public participation. A large number of stakeholders made very interesting suggestions on the Bill. Most of the suggestions have carried the day with us and will be in the proposed amendments depending on how it was. There are others which we feel the Bill actually caters for sufficiently. Therefore, we will shelve them.

I must point out that amongst the very interested stakeholders we met were the Institute of Certified Public Secretaries (ICPS) and the Law Society of Kenya that made its recommendations. We also met various government agencies including the Office of the Attorney-General, the two State Departments where Business Registration Service (BRS) is

Please give him one more minute.

Thank you very much. I assure the country that the grey listing we have with the financial institutions will possibly be lifted once we pass this Bill and we will be better placed to sit in the international money markets, where we can be listened to as a country that has complied with the laws regarding anti-money laundering, corruption and proceeds of crime, which is very important in the international money markets.

With those remarks, I beg to support and urge the House to support the Bill. Thank you.

Hon. Members, there being no further interest on the Bill, I would like to call upon the Mover to reply.

Hon. Owen Baya.

Thank you, Hon. Temporary Speaker. I beg to reply on the Trust Administration Bill (National Assembly Bill No. 29 of 2026). We have had a robust debate on the Bill. What is fundamental is that as we establish trusts, they will not be used as conduits for ill-gotten wealth. The trusts will help Kenya move forward in terms of new financial architecture.

I want to thank the Committee and Sir George wherever he is, for the work that they put in to ensure that we have the Committee’s Report. I look forward to the Committee of the whole House stage so that we pass the Bill.

Thank you. (Question put and agreed to) (The Bill was read a Second Time and Committed to Committee of the whole House) Next Order.

Hon. Members, on this Motion, Hon. George Murugara had a balance of 13 minutes in moving it. You can proceed.

Thank you. very much, Hon. Temporary Speaker.

I beg to continue moving that, the national Government formulates and implements a policy framework to guide the recruitment and remuneration of community health promoters across the country.

Article 43(1) of the Constitution provides that we are entitled to the highest attainable standards of health in the country. It is mandatory for the Government to provide health care to its citizens. I want to laud our Government for coming up with what is known as the “Universal Health Care” under Article 43(1) of the Constitution. Universal simply means that every Kenyan is entitled to the highest standard of health care in the country and it does not matter what it takes to attain it. The Government is under obligation to provide it. As we speak today, we have come up with what is known as Social Health Insurance Fund (SHIF). It is an insurance cover that is trying to register every Kenyan to be a member and a beneficiary. It is good to point out to the country that, since this is an insurance, there must be an element of premiums. Therefore, every Kenyan is required to pay a certain sum of money to the Fund and benefit thereafter.

What is the net effect of SHIF? When you get ill, the fund is supposed to take care of you. To some extent, it has done so well. The people who initially sang that SHIF do not work, have made a U-turn to say that it is working. The Social Health Insurance Fund (SHIF) is actually executed through the Social Health Authority (SHA), which is the entity charged with that responsibility.

What role does community health promoters play? We must admit that community health promoters are very important people in our rural setup, especially where medical facilities are scarce. What are those medical facilities? We are supposed to have hospitals, health centres and dispensaries. In most rural areas, we do not have health centres rather dispensaries. So, as these promoters move around, they also encourage members of the public to register to be members of SHIF through SHA. When Social Health Authority is working, it sends money all the way to dispensaries in the villages so that the dispensaries, through their development in infrastructure, can improve themselves by procuring drugs and facilities. It is a function bestowed on the health workers to ensure that the public is educated on the benefits of SHIF and SHA.

Something else that health promoters do is to ensure that they deal with basic ailments from the rural population.

Hon. Rindikiri.

Thank you, Hon. Deputy Speaker. I thank Hon. Murugara, the able Member for Tharaka, and with God’s blessings, the incoming Governor for Tharaka Nithi County, for coming up with this Motion. This Motion requires us to resolve that we improve the premium that is paid to our CHPs.

At the onset, we need to congratulate His Excellency, the President, for finding it good that we have universal healthcare. Implementation of the universal healthcare requires that we start from the bottom. When this programme started, many people doubted the importance of

Thank you. Member for Malava. (The Deputy Speaker consulted with the Clerks-at-the-Table) Hold on a second, Member for Malava. I have to propose the Question before you start contributing. (Question proposed) Proceed, Member for Malava.

Thank you, Hon. Deputy Speaker. First, I would like to appreciate and congratulate Hon. Murugara for bringing this Motion on the Recruitment and Remuneration of Community Health Promoters (CHPs) across the country before the House.

I rise to support. CHPs are at the first point of contact between millions of Kenyan households and the health system. They educate grassroots families on medical issues, undertake disease surveillance, and promote maternal and child healthcare. In practical terms, they identify illnesses and link patients with health facilities.

By law, they are recognised under the Primary Healthcare Act, 2023, and are also part of the primary healthcare workforce. CHPs cannot be expected to perform effectively in an unconducive environment. We also cannot expect good healthcare at the community level when CHPs provide services without adequate facilitation. They do not have what it takes to deliver quality services.

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