National Assembly Hansard: Wednesday, 30th September, 2026 - Morning Sitting

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

Please ring the Quorum Bell for five more minutes. (The Quorum Bell was rung) You can now stop the Quorum Bell. I confirm that we are in good order as far as quorum is concerned. (Several Members consulted along the aisles) Order, Members. Take your seats. (Several Members consulted along the aisles)

Take your seats. Order! The Members on the aisles, please, take your seats. I think we can start.

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

Well done. Next Order.

Hon. Members, the Motion on the Floor is Order No. 9. It has a balance of four hours. Hon. Member for Dagoretti North, do you want to contribute to this? Go ahead.

Thank you, Hon. Temporary Speaker. I rise to support the Motion on Recruitment and Remuneration of Community Health Promoters (CHPs). You realise that for the many years that we have had CHPs within our constituencies and counties... Since counties started work after the promulgation of the new Constitution, we have had different counties working with their health promoters in a different way. Therefore, as a House if we want to resolve this, we have to start by appreciating that the CHPs we have today, have volunteered for many years. Some of them would do the work anyway. When you bring in remuneration, you find yourself starting to deal with levels of education. Many of them might find themselves with many challenges but they have done the work and they are experienced in the work. Therefore, as a House, even as we resolve to ensure that the national Government brings in a policy, we must make sure that we also safeguard what the CHPs have done for the many years that they have worked in the communities.

The CHP is the first person within a village who can tell you the patients who have diabetes, those who have not taken their children for immunisation, where there is a challenge of clinical diseases, or even show you a patient who has been in the house for some time. They are clustered in a way that each one of them handles hundred households within the village. They are, therefore, very critical and crucial in understanding. They have been taken for different trainings. They are able to stand in your house and become a triage. They will take your pressure, they will know your sugar levels, and they will assess. By the time they are taking you to the nearest health clinic, at least you understand what your challenge is.

I hope that when our chairperson, Hon. George, brings this Motion, he appreciates that it is not about education only; it is also about commitment. This is because this is work that you dedicate yourself to. You can imagine somebody being so dedicated that when there is a challenge even if it is at night, he or she is the first to arrive at the scene. This is not an easy thing. I will support by saying that, indeed, we should ensure that those who have always dedicated themselves must be given first priority. They are there. In Nairobi if it were not for the CHPs that we have today, I doubt whether we would manage what we are going through within the estates today. When there is any outbreak, they are always the first to get out there and stand with those who are affected.

We also need to go further and ask ourselves: How do we now support them? I know the President has supported them. The governors have also supported them. But, how do we go a bit further to support them and ensure that they are even covered by the Social Health Insurance Fund (SHIF)? You find many of them are doing this work yet they cannot even afford their own SHIF. I, however, thank the Governor of Nairobi, Hon. Sakaja because, at least, he has ensured that most of his CHPs are registered under SHIF. They can walk into any of the hospitals within Nairobi today and be treated.

Member for Buuri, are you contributing on this?

Hon. Temporary Speaker, I spoke. I seconded the Motion.

Great. Member for Nyatike. (Hon. Julius Rutto raised his hand) Hon. Rutto, you know I follow a list here. So please relax till I get to you. I know you have a card yet you have not even asked to speak. Insert your card then we shall see you on the list. Go ahead Member for Nyatike.

Thank you, Hon. Temporary Speaker. Allow me to join my colleagues in supporting this important Motion. As a country, we need to be very serious when it comes to health issues. We should work as much as possible to ensure that we avoid subjecting our citizens to reach a level where they need treatment. If we can get a way of stopping most of these diseases, like the lifestyle-related ones, we will get a cheaper way of managing health in this country. These people who have volunteered and are promoting health at the cheapest way possible should be encouraged. If possible, we need to motivate them by allowing them also to access some facilitation which can enable them to get some security as they go about their duties.

If we subject health to total hospital attendance, it will be very difficult for us because we know how ailing most of our facilities are. So, by getting people who are ready to help us identify conditions early and educate our people on how they can protect themselves, will help this country much. This is because most of those services will be obtained at the point when they are needed most. These CHPs are key in achieving health for all.

As a country, we need to put more emphasis on this. If possible, we should find a way, as Parliament, to get some facilitation for those who have volunteered to do this job. This will ensure that they can do it with ease, they are protected, and they are also motivated to do that job. The way we are as a country currently, health is a very major challenge and a very consuming activity in our budget. If we can get people who can help us control most of these diseases, get our people to know the conditions they are facing and even help to intervene, it will help us a great deal as a country.

I thank you.

Hon. Member for Kesses.

Thank you very much, Hon. Temporary Speaker for taking note of my interest in this discussion. I stand to support this Motion in the sense that we always say that a healthy nation is a wealthy nation. The framers of our Constitution under

Hon. Ikiara Dorothy.

Thank you, Hon. Temporary Speaker. From the outset, I want to say that this is a very important Motion. I want to thank my brother, the Member of Parliament for Tharaka, Hon. Murugara, for coming up with this very progressive Motion.

Today, we want to talk about the recruitment and remuneration of CHPs. I want to assure CHPs, wherever they are, that this Motion is not aimed at disadvantaging them. It is aimed at strengthening this structure and this particular institution so that it can stand the test of time. Community Health Promoters are anchored today in our Constitution and the Health Act. Article 43(1)(a) of the Constitution of Kenya provides for the right of every person to the highest attainable standard of health, which includes the right to healthcare services, including reproductive healthcare.

I want to say that if there is anything that this Government of Dr William Samoei Ruto has done, among the many achievements that we can proudly talk about, it is ensuring that CHPs are in service and are taken care of in whichever small way. I want to say that for a long time, we have had our health structures overstretched because every single disease was being rushed to hospital. Today, we have our Community Health Promoters who move from house to house, ensuring that they take the necessary vital signs from our people. They educate them, tell them what to do and advise them on the next step to take in matters health.

It is important to note that developed countries that are doing very well in matters health, like Cuba, have community health promoters who move from house to house. This is what we are aiming to achieve, and this is what we should do so that service delivery in health matters can be streamlined.

It is also important for us to know that most of the diseases that kill our people do so because we realise that we are sick when the diseases are so advanced. The existence of CHPs is a clear indication that our people can live better lives. When diseases are detected early, they will be advised on where to go.

The reason we want these CHPs to be properly remunerated is that the work that they do on a day-to-day basis does not leave room for them to do anything else to earn a better living. We want to say that the Government has taken a bold step because, one, today they are having something that can enable them to move from one household to the other. The governors have also come in today to support this programme.

I want to say that for us to be able to resolve the health matters, for us to be able to champion a healthy nation, for us to be able to fit into the global world and become an international hub where we can also proudly say health is our priority as a country, it is important to have these health promoters, promote them and support them in the best way possible so that they can work in our communities.

When we start the recruitment process, let us not disadvantage those who first volunteered to come in and help in this area. Those who were working with us did not have any minimum qualifications. Even in the next process, those who are already working as CHPs

As Hon. Justice Kemei prepares to contribute, join me in welcoming students from AIC Naivasha Technical Training Institute, Naivasha Constituency, Nakuru County, and students from Riokindo Boys High School, Bomachoge Borabu Constituency, Kisii County. They are all seated in the Public Gallery and are welcome to follow the proceedings this morning.

Hon. Justice Kemei, as you welcome the students, you can also contribute.

Thank you, Hon. Temporary Speaker, for the opportunity you have given me to contribute to this Motion and to join you in welcoming students from various schools and institutions who are in Parliament. I want to tell them that Parliament is a body of knowledge comprising various professionals. I encourage them to pursue their desired courses so that, one day, they can serve this country, even if not in Parliament but in other capacities.

Let me support the Motion on CHPs brought by my good friend, Hon. Murugara. This is a very critical cadre in the health sector in this country. If we are to attain universal healthcare, we cannot do so without the people who are serving us at the lowest level possible. The work being done by community health promoters is akin to that done by village elders in our country. These are people who dedicate themselves to the service of the nation, even though they do not have proper remuneration. I want to thank the Government and Parliament for making sure that, at least, village elders are given tokens to enable them to do their work.

We have talked about diseases such as diabetes, cancer and heart conditions that we could easily prevent if we detected them early. These are issues that CHPs can help us with through early detection so that they can be properly managed. I come from Kericho, a tea- growing zone. The latest major issue affecting us in those areas is cancer. We do not know whether cancer in our region is associated with the pesticides used in the tea estates or acaricides used in managing livestock diseases.

I want to encourage CHPs, as they move around our villages, to try to identify the causes of such diseases so that we can manage them as early as possible. I also want to join my colleagues in saying that, although some of them may not have the requisite knowledge to be considered professional health workers, they have volunteered. We need to make sure that training institutions such as the Kenya Medical Training College (KMTC) and other institutions in this country can give CHPs crash programmes so that they can keep abreast of developments in the health sector.

Finally, I want to encourage the county governments and the national government to work together so that we can realise universal healthcare in this country. I want to support and call upon the county governments to move as fast as possible to ensure that these people are brought on board in the service of this country. As we bring them into the employment of the public sector, let us also establish a scheme of service for them so that their career paths can be established as early as possible.

As I support, I want to thank my colleague once more for bringing this Motion to Parliament.

Thank you. (Hon. Farah Maalim crossed the Floor without bowing)

Thank you, Hon. Temporary Speaker, for giving me the opportunity to support this Motion. As it has been said, CHPs play an integral role in delivering primary healthcare at the community level. This helps the country realise the provisions of Article 43(1) of the Constitution. We know that, for a long time, we have been harming these people in our communities who are trying to offer free services to our people. However, the Government has, in a way, tried to absorb them without a proper policy and system through which these people can be appreciated. Now, having this Motion, which will see these people recruited and remunerated, is very important because it will help motivate them to offer proper services. You can imagine that these people have been leaving their domestic chores to attend to fellow Kenyans on matters health, but nothing has been forthcoming from the Government.

We also did not have a proper database of who was a registered CHP because it has been on a volunteer basis where everybody wakes up and volunteers to help. We must now realise that to attain universal health coverage as provided under Article 43, this is the right time to have a proper policy so that we have these people who can help the Government carry out surveillance on health issues in rural areas. We know that the Government is not in a position to have clinics and medical service providers in every village. However, if we can encourage these people and ensure that they are well remunerated, issues such as disease outbreaks, immunisation of children and maternal health can be followed up.

These are the people to advise our communities on when to take children for immunisation and when there is a disease outbreak. They also communicate with the people. They can also advise our people on nutrition and help with disease surveillance and emerging health issues in rural areas. There are also issues such as hypertension and diabetes, which are very common now. Many people have high blood pressure or high blood sugar levels, but these conditions are not detected. If we have these people recruited and remunerated, they will be encouraged to move from house to house so that, at an early stage, these lifestyle diseases can be detected and our people are advised to seek proper treatment in our health facilities.

Therefore, I rise to support this Motion and encourage my colleagues to ensure that we have it passed for the betterment of our communities.

Hon. Raso.

Thank you very much, Hon. Temporary Speaker. At the outset, let me thank the father of this particular Motion. Indeed, we must think about our people. CHPs are the first line of health workers in this country. These promoters are typically young adults or mature community members recruited locally—individuals who intimately know their villages, including school children, large families, orphans, and other vulnerable groups.

Hon. Temporary Speaker, it is said that a healthy nation is a wealthy nation. That in itself is not an understatement. Looking at our budget, health is the second largest sector of expenditure after education.". The Government introduced Universal Health Coverage (UHC) to ensure every Kenyan can access care at any level. However, despite the launch of the Social Health Authority (SHA), accessing affordable healthcare remains a major challenge for many Kenyans. Every single day, every Member sitting in this House receives a plea from a relative, a friend, or a constituent who has lost a loved one and needs financial help to retrieve the body

Hon. Naomi Waqo.

Thank you, Hon. Temporary Speaker, for giving me this opportunity…

On a point of order, Hon. Temporary Speaker.

Member for Kuria East, what is out of order?

Thank you, Hon. Temporary Speaker.

What is it?

I wanted to talk to this.

Okay, then sit down and wait for your turn.

Which is exactly where the problem is…

Order. (Hon. Maisori Kemero spoke off the record) Yes, and that is the problem. You should not disturb those who have cards. Hon. Makali who is sitting next to you has a card and he is third on my list. So, just get a card too.

Hon. Waqo, proceed.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to add my voice to this very important Motion on recruitment and remuneration of CHPs. CHPs play a very important role in our society; both for the Government and the community, and we must appreciate their efforts. We must also congratulate them for the work they have done in the past especially in the villages that are far from urban centres. CHPs do a lot of work and help people in villages who may not even afford transport to health centres, especially expectant mothers, people living with HIV/AIDS, and people living with disabilities. CHPs do a lot of work, providing vital assistance to villagers who cannot even afford transport to healthcare facilities. This is especially critical for expectant mothers, individuals living with HIV/AIDS, and persons living with disabilities.

Community health workers do a lot of work that helps to ease the challenges faced by our people. I support the proposal that the national Government should formulate and implement a policy framework to guide the recruitment and remuneration of community health promoters across the country. When we say “across the country”, many are the times when special attention is given to the big cities, towns and communities. It is my prayer that this will be implemented in every part of the country. Community health promoters must be appreciated and recognised. We should have a database in which each one of them is known by name and location.

I want to congratulate our government, especially the President, who has given a lot of attention to this matter. If we pass this Motion, we will help our people receive healthcare in their villages and homes. They will also receive maternal counselling and health education while they are in their villages. They will receive these services in their own languages and from their own people. That will help them understand the situation, the challenges or any contemporary issue affecting a particular area or village.

In doing this, the country can detect and treat diseases early enough, especially after the rains. Now that we are even expecting El Niño rains, diseases such as malaria in mosquito- prone areas can be detected and treated early enough thus helping reduce deaths. Other conditions such as tuberculosis, high blood pressure and diabetes affect many Kenyans and they will now receive special attention while they are at home. Patients can receive their medication on time, as well as proper health education to ensure that they take their medication regularly.

This will improve the provision of healthcare services. People who are sick can receive their medication at home, which will help reduce congestion in hospitals. We know that many hospitals do not have enough beds or doctors. If the home-care aspect is given a lot of attention, then people who are able to manage their conditions at home can receive care there. This will help reduce congestion in hospitals and cut expenses significantly. We will also address minor health issues and prevent some diseases in advance.

Many community health workers are volunteers, and we need to come up with a programme that will take care of them. We need to propose that they undergo training every six months. If training every six months is not possible, it should be provided at least once a

The Member for Igembe Central, Hon. Karitho.

Thank you, Hon. Temporary Speaker, for giving me this chance to participate in this important Motion.

First of all, I would like to thank Hon. Murugara, the mover of the Motion. Community health promoters play an important role in our societies. They work closely with vulnerable members of the community. They are always available to respond to calls from members of the community who need their services. These people deserve good remuneration. In my proposition, I would like health promoters to be assisted with mobility, including electric motorbikes that do not require fuel but can be charged. This will enable them to move from one corner of their regions of service to another.

We need to strengthen primary healthcare so that these health promoters can play a very important role. Most members of the community do not have the capacity to attend medical facilities even when they are within their reach. Now that we need to have preventive care and services, these health promoters are handy in providing the necessary assistance. We have some common diseases. For example, kidney failure can be caused by diabetes that is not attended to for a number of years. Most people do not even know whether they are diabetic or not. With properly equipped community health promoters, these illnesses can be identified and attended to in time before they become chronic and cause patients to lose their kidneys or develop kidney failure, which requires expensive treatment through dialysis.

Community health promoters are very important players in matters healthcare. We have cases of high blood pressure, which can end up causing patients to suffer cardiac arrest, while others may suffer stroke. If cases of high blood pressure are controlled in time, patients can live longer and remain healthy through preventive care. Therefore, these health promoters need proper remuneration and encouragement to continue providing these services. Treating kidney failure and other serious illnesses resulting from neglected health conditions is expensive. We can reduce these costs by assisting the health promoters so that they can address these illnesses in time.

Hon. Temporary Speaker, I also support providing these health promoters with regular training and capacity-building so that they can assist the medical fraternity in educating our people with proper medical knowledge. Therefore, I support this Motion and urge Members to support it so that it can become law.

Thank you.

As the Member for Kanduyi prepares to contribute, in the Speaker’s Gallery are students from Royal Brain School in Kiambaa Constituency, Kiambu County; Mathare Community Outreach in Mathare Constituency, Nairobi City County; and Kitengela International School in Kajiado Central, Kajiado County. They are welcome to follow our Proceedings this morning.

Hon. Member for Kanduyi, do the needful as you contribute.

Thank you, Hon. Temporary Speaker, for the opportunity to also weigh in on this Motion brought by my very good senior colleague, the Chairperson of the Departmental Committee on Justice and Legal Affairs. Before I do so, let me join you in welcoming all the students in the Gallery to the House of Parliament. I wish to tell them that this House makes laws for the entire Republic of Kenya. I also wish to tell them that each one of them has an equal chance to take any of the seats in this House in the future, including the Speaker’s Chair, if and only if they work very hard. I wish to encourage them that hard work always yields. We often say that there is no gain without pain.

Work very hard in your respective schools, and you can be rest assured that in the future you will be able to occupy all these seats in this House. The people you see here were also in your position before. You too can also take up these positions and push this country forward. We wish you all the very best as you sit in this Assembly to observe how laws are made. Our clarion call is For the Welfare of Society and the Just Government of the People. Welcome to the National Assembly of the Republic of Kenya, and have a beautiful stay here.

Fast forward, I wish to now turn to the Motion before the House. At the outset, I wish to thank my Chairperson, Hon. George Gitonga Murugara, for bringing this Motion at this particular time. The 2010 Constitution of Kenya, which Kenyans bequeathed to themselves, granted basic social, economic, and political rights. Article 43 guarantees each and every Kenyan the right to the highest attainable standards of health, including reproductive healthcare and access to health services. This right would be otiose if we did not put structures to realise it.

In 2022, upon acceding to power, this Government made a deliberate effort to attain universal healthcare, a basic right guaranteed under Article 43 of our Constitution. Under that right, every person is entitled to the highest attainable standard of healthcare. When we talk about healthcare, we are not just thinking about nutrition or hospital attendance. We are also thinking about opportunities to attend to illnesses that crop up at the earliest possible stage.

In 2024, I was very delighted when this Government launched the CHP Programme in my constituency. Little did I know that this Programme would blossom and be very useful to the people of Kenya as it is now. These people who constitute CHPs are available in each and every village. They traverse places without roads using motorbikes. They visit mud-walled homes where they find people who are condemned to palliative care. They attend to them informing them about the need to visit hospitals and also mobilise them to register for social health programmes. When I was in the constituency a month ago launching the social health programme, I relied on these CHPs to mobilise and identify vulnerable people in our society, constituencies, and wards. They were available with their kits, identifying people who are very vulnerable in the respective wards and villages.

They were critical in helping us start up our social health protection programme in my constituency, where we enrolled about 1,200 people. They were also very critical in identifying early detection of illnesses. I remember moving around in the villages and they could refer some of the villagers to go and attend to treatment either at the dispensaries or health centres that were available. They are critical in the promotion of health education to their respective populace in the constituencies and villages.

CHPs are also critical in providing information on early child health and maternal healthcare. I was in the village and witnessed them trying to assist a child who was suffering from some illness get treatment. I also saw them assisting a mother to deliver. I could see them with their kits trying to check people for high blood pressure, malaria and even cancer. They are critical in the programmes of early detection and universal healthcare.

This programme was launched without an effective policy framework. This Motion, brought by the very good Member for Tharaka, seeks to have the Government introduce such a policy framework. After that, we need legislation to ensure that CHPs are legally recognised.

Hon. (Dr) Mutunga. Hon. Kitayama, you will come immediately after Hon. Nyikal. So, after Hon. Mutunga, it will be the Hon. Member for Endebess, Member for Seme, then you. I have told you what will happen, so that you stop raising your hand. You can cool your heels until that time.

Thank you very much, Hon. Temporary Speaker, for exercising fairness in distributing speaking slots. I rise in support of this Motion brought by my friend and colleague, the Member for Tharaka, Hon. Murugara. CHPs are an important component of universal healthcare. When we talk about universal healthcare, we mean a national approach where we ensure everyone can access free medical care.

It also involves inclusivity, as we need to include as many people as possible in this process. We also need effective frameworks that encompass disease diagnosis, control and treatment. Without community health workers, we may not notice or identify the illnesses spreading and who could be sick, even if they do not know it. So, it has to do with having frameworks to identify people who are likely sick or who might be slipping into the brackets of what we call long-term illnesses without realising it.

It also connotes an inclusive approach and demands serious redress in terms of human resources. The apparent choice of having Community Health Volunteers (CHVs) is a call to address this problem. I want to thank the President of this country for considering giving them some minimal recognition, and this House for passing that provision to ensure these people receive something for the work they are doing.

The recruitment was done without a clear policy framework. Therefore, qualifications were not considered, and anyone could have qualified to be a CHV. When you look at those who were recruited, it means one of the considerations was locality specificity and knowledge and awareness of the geography of the locality, and probably the demographic data. Therefore, we did not give serious consideration to academic performance or professional orientation in

Thank you, Hon. Temporary Speaker, for giving me this opportunity to contribute to this very important Motion by the Hon. George Murugara the Member for Tharaka on the recruitment and remuneration of Community Health Promoters.

At the outset, I want to thank the Government of President Ruto because, for the first time, they can recognise the role played by CHPs and put them in a key and central role in our attainment of UHC. This Motion recognises the integral role CHPs play in delivering healthcare in our health services. We are asked to formulate and implement a policy framework to guide the recruitment and remuneration of CHPs across the country. Here, we are talking about fair remuneration, facilitation, and ensuring that they have a decent position within our society.

We realise these are the first people who come into contact with the patient at the primary level. They follow up with these patients to ensure they comply with the instructions given by the health facility. What do we mean when we say they must be properly facilitated? Many of these CHPs work within their locality. At times, they do not even have gumboots to walk around in muddy areas or motorcycle or tricycle to help them reach their clients, or to take some clients to the health facility for care.

In Canada and other developed countries, CHPs play an integral role, and now, with technology, we have Artificial Intelligence (AI)… This AI is loaded with information that, once you enter it into the gadgets they have, you can make the correct diagnosis and refer the patient to the right facility. CHPs work at what we call Level One in our healthcare system. This means primary healthcare, promotive, and preventive care. So, with proper training and the right scheme of service, they can help the community identify the most prevalent diseases in that area.

More often, you will find that even Members here in the House present cases, saying: “In my region, we have high cases or high incidence of this type of cancer.” The people who can help you determine the epidemiology of the most common cancer in that area are primary healthcare providers, including CHPs—so, fitting that into their system, for example, you find that in that locality you have many cases of throat cancer. By fitting into the AI system, it can say the most common cancer in this area is oesophageal cancer, with difficulty swallowing, wasting, and other symptoms, which they can fit into the AI system. This is the only Government that has equipped the CHPs. They have given them gadgets where they can even have some little medications, such as painkillers and analgesics. They can have maybe drugs for worms and that kind of thing. So, a proper service scheme means we can define the level of training these people should get, the minimum qualifications, how often they should access education and where they receive ongoing training so that they can be knowledgeable enough to handle even first aid at that level, or even applying and making sure that they can identify that this is a patient who needs this kind of emergency treatment.

Hon. Temporary Speaker, you will find that occasionally you hear that maybe somebody has just collapsed and died within a locality. This person might have died because

Hon. Nyikal, since you are the Chair of the Departmental Committee on Health, would you like to hear from two other Hon. Members before you wrap it up?

I oblige.

Hon. Kitayama? Give him the microphone. Did I pronounce your name right?

Yes, you did. I am Hon. Kitayama, the Member for Kuria East. Some things are good. Good is good, but making it better is even better. The current system of how CHPs are formed and operate is already a social support system. Nothing is better than these small interventions: bringing people together across the country and making the country even more united.

I support this Motion with full cognisance that in Kuria East Constituency, for instance, we have 680 CHPs. I hold no meeting in Kuria East without them. I include them because of the important position that they hold in the society. It is very easy for me to reach every corner through them. If I can benefit from them, it is only fair that our people can be reached with ease, as we have used and affirmed in the balozi system.

Hon. Temporary Speaker, people often refer to something as best practice. Our neighbour Tanzania has done this for generations since the first President, Mwalimu Julius Kambarage Nyerere, may God rest his soul in eternal peace, introduced this system. Tanzania

Hon. Mwashako.

Asante, Mhe Spika wa Muda. Mwenzangu hapa ananiambia niongee kwa Kiswahili.

Ongea kwa Kiswahili.

Namwambia kwamba lugha zote, iwe Kiswahili ama Kimombo, ni sawa kwangu. Lakini kwa sababu tunaongea kuhusu swala la CHPs ama wale wanao inua mambo ya afya nyanjani…

Ya jamii.

Kwa sababu tunaongea kuhusu swala la maafisa wa afya ya jamii, nimeona nitumie lugha ambayo itakuwa rahisi kwa wote Kenya nzima kuifahamu.

Nashukuru sana Mhe. Murugara kwa kuleta Hoja hii ambayo kwa kweli ni ya maana sana. Tulitilia Hoja hii maanani na Serikali kuu ikiitilia maanani, tutakuwa tumeboresha sana

Kabla Mheshimiwa wa Manyatta hajaongea, naomba niwakaribishe wanafunzi wa Muslim Academy, kutoka eneo Bunge la Starehe, Nairobi. Wamekuja kutazama na kujua jinsi Wabunge wanavyotunga sheria.

Thank you, Hon. Temporary Speaker. Nairobi is an urban city, and most people are literate. They understand the Queen’s language very well. I am honoured to welcome the students from Starehe and other schools to Parliament to witness how the proceedings go.

I also want to encourage them. They should know that most of us found ourselves here through education, and they should work hard in their studies. We were brought up in humble backgrounds, but through education, an equaliser in this country that bridges the gap between the poor and the rich, they can become whatever they dream of. I encourage them to be proactive in engaging in matters in our political space because this is the House that makes laws. This House guides the country on the direction it should take. It also shapes governance issues in this country, and they need to be conscious of the political processes so that they can actively participate in them in future.

If they are lucky enough to find themselves here, they can do better than us in securing our future in matters governance and addressing areas where we may have fallen short. Gen Z and Gen Alpha should always speak out so that they can make laws that will change this country for the better.

I am honoured by this opportunity. Thank you.

Karibu. Naona kuna wanafunzi wa kike. Naomba Mhe. Udgoon aweze kuwakaribisha wasichana, kwani naona wako na hijab kama yeye. Naomba uwaongeleshe ili waweze kuiga mfano kutoka kwako na wajitayarishe kwa siku za usoni. Ukishamaliza, nitampa dada yetu Mhe. Fatuma azungumze pia.

Mhe. Udgoon.

Asante, Mhe. Spika. Huko kwa ngamia, hatuzungumzi Kiswahili kingi, lakini nitajaribu. Nawakaribisha wanafunzi ambao wako katika Gallery. Naona ni wenzangu kwa sababu wamevaa hijab kama mimi. In future, I know you will be sitting in…

Nidhamu! Usichanganye lugha.

Mheshimiwa Spika wa Muda, pole. Si unajua Kiswahili ni kigumu kwa sisi tunaotoka North Eastern. Karibuni Bungeni. Natarajia pia nyinyi mtakuja hapa na mtuwakilishe haswa sisi tunaovaa hijab na tunatoka katika kaunti ambazo wanawake hawatiliwi maanani na kuwezeshwa. Leo tunazungumzia masuala ya wanawake hapa Bungeni. Ni tumaini langu kuwa mtasikiza.

Mheshimiwa wa Kaunti ya Migori.

Ahsante sana Bwana Spika wa Muda. Nami natoka ujaluoni. Kule tunakula samaki na Kiswahili “sio mdomo chetu” lakini nitajaribu. Kwa wanafunzi walio hapa, tunawakaribisha sana, wanaume kwa wake. Karibuni sana. Hili ndilo Bunge la Kitaifa na hapa tunatengeneza sheria na Bajeti ya nchi hii. Jumba hili ni jumba muhimu sana. Ni vile tu Wabunge wengi wako kwenye mikutano tofauti tofauti lakini kuna wajumbe wengine sana wa kike kama mimi. Nawahimiza sana haswa walio na hijab ni wa dini yangu... Na hata msiovaa hijab mnamwabudu Mungu. Tieni maanani masomo lakini kilicho muhimu kuliko yote ni kumwabudu Mwenyezi Mungu. Ikifuatwa na nidhamu na elimu. Ukiwa na elimu bila hayo mawili hautasaidika. Wekeni Mungu mbele na atawasaidia. Atawaelekeza kwa njia bora.

Nasifu wasichana walio katika dini yetu maana wamejichunga vizuri. Hata Wakristo wamejichunga vizuri. Tufundishane mema. Kwa wazazi wa wanafunzi hawa, katika dini yetu, wanaume kwa wasichana, sote tuko sawa. Dini yetu haibagui mtoto wa kike au wa kiume. Tungependa dunia ijue kuwa Uislamu ni dini ya amani. Wanafunzi wetu wametoka mahali kuna amani na sote tunaishi kwa amani hapa Kenya.

Karibuni sana. Hata wanafunzi wengine mliotoka shule zingine zisizo za kiislamu, tunawakaribisha sana na mjitahidi. Sio lazima muwe wanasiasa. Mnaweza kuwa viongozi katika boma zenu na maofisi tofauti. Mungu awajalie. Muombe nchi yenu na sisi tunawaombea kila la heri.

Order! I will give a moment. I also want to welcome students from Brookhurst International, Kiserian, Kajiado North Constituency in Kajiado County; Kyuluni Girls in Kitui East Constituency in Kitui County; Wema Education Centre in Embakasi North Constituency in Nairobi County; and Zawadi School, Kamukunji Constituency in Nairobi County.

I will start with Hon. Wamuchomba. Welcome the students who are up here; the Muslims or non-Muslims, all are Kenyans. Welcome the students.

Thank you, Hon. Temporary Speaker, I take this opportunity to welcome all the learners from all the schools of Kenya that have visited us today. Nachukua nafasi hii…

Order! You either begin in English and end in English…

The fact that I started in English allows me to speak in English, even though I come from a county where English is our third language. So, you will also understand. I appreciate the learners who are here to see what we

The Member from Meru. I am a little bit short-sighted. Who is that right at the end there? Is it Hon. Muthoni? Proceed, Hon. Muthoni. But I thought Muthoni was from Meru. Am I right? So, why do you doubt me when I say the gracious lady is from Meru? Anyway, can you give the microphone to Hon. Muthoni?

Thank you, Hon. Temporary Speaker. I am a little bit disturbed when Hon. Rahim Dawood says he can speak on behalf of Meru. I think he does not have more entitlement than I do.

He is from Meru.

Hon. Temporary Speaker, we both come from Meru. I acknowledge that, and I am equally Meru by birth, by growth, and even by death I will be Meru. I take this opportunity…

Point of order Hon. Temporary Speaker.

What is your point of order, Hon. Dawood? I know you were born in Meru as well. So, what is your point of order? (Technical hitch) What is happening to the microphones today?

The Member from Meru has cast aspersions by saying she was born and bred in Meru. For the record, my parents and I were born in Meru as well and studied there. But you know, when she says she will die in Meru, nobody knows where anybody will die. We are not sure. In the Muslim tradition, one is buried anywhere they die. Thank you.

Hon. Muthoni, proceed. Go ahead and address the students.

Thank you. For sure, I am a Christian, and wherever I die, my body will be taken to Meru.

I take this opportunity to also join my colleagues in welcoming the learners to this august House. It is a great opportunity for the learners because they can come and see what happens in this House. I encourage them and tell them that they are here today. Please embrace education. Everything has been said. Let your character shape your future. At the same time,

let us have Hon. Dawood then Hon. Mwenje. Just take one minute.

Ninakushukuru, Mhe. Spika wa Muda. Ninawakaribisha hawa wanafunzi pamoja na walimu wao. Leo nimeona kuna Waislamu wengi ambao wamefika hapa na vijana. Ninawapatia motisha kwamba wanaweza kuja hapa Bungeni hata wakiwa wa rangi yoyote, kabila lolote ama dini yoyote. Wanaweza kufika hapa wakifanya kazi yao kwa nidhamu. Changamoto watakazozipata ni kidogo sana. Wakifika hapa wataweza kupata suluhu ya mambo ya wananchi wa Kenya.

Ninawakaribisha. Mimi ni Mkenya na Mmeru hata ingawa niko na rangi tofauti. Ninaitwa Mumeeru Mutune na Ntomarete.

Let us have Hon. Mwenje followed by Hon. Rindikiri. Proceed.

Hon. Temporary Speaker, my request is that we go back to the Motion because it is very important.

Listen, Hon. Member. I understand that we have substantive business, but you also understand that children are the future of this country and sometimes it takes ages for them to come here. Probably, this is the first time they have been here and they waited for four years to come here. It is important that, as role models, you encourage them I will have no problem with that.

Proceed, Hon. Mwenje. Do you not want to contribute?

Hon. Temporary Speaker, because they are children from Nairobi, let me also take this opportunity to welcome them to this House. More importantly, I notify them that this is the only place where we have people from all walks of life. We have people from different backgrounds and people from different religions. We have lawyers, mama mboga, mechanics and farmers. It does not matter where one comes from. The education they are getting is very important because they are the future leaders of the world.

This is where the unity of Kenya is expressed more than anything else. Is that what you mean?

Yes.

Hon. Rindikiri, take exactly one minute.

Thank you, Hon. Temporary Speaker. I welcome our students and tell them that they are very lucky.

Just before you do that, I also recognise the presence of students from Kitungati School, Kitui Rural Constituency, Kitui County, in the Public Gallery. Proceed.

Thank you. Students from Kitungati School, Kitui County, are most welcome. I want to tell them that the truth is that you are very lucky to be born during this time when very many good things are happening in this country. I remind the students that whatever the Government is doing, particularly, in the youth sector, is something that they need to acquaint themselves to. All such things are done in this Parliament. They have been born at a time when Talanta Stadium has been put up. Many of them did not see when the Kenya International Convention Centre (KICC) was newly built; they have the privilege of seeing the new Bomas of Kenya. Many of them were not born when Kasarani Stadium was being built.

Today, there is Talanta Stadium that is being built. Many of them were not born yet to see the dual carriageways and the express highways. Those from Nairobi County were born in

Fair enough. I give one last minute to the Member for Kitui West because there are a number of students from schools in Kitui. Proceed and take exactly one minute. There are students from Kitungati and Kyuluni. Give him the microphone.

Thank you, Hon. Temporary Speaker. I would like to inform you that I am from Mwingi West. Kitui and Mwingi are one county.

Let me take this opportunity to welcome these students to this Parliament. I would like to inform them to work extra hard because right now, there is climate change and many other things. Before we used to rely on farming and other local agricultural activities. Education is the best weapon to take them to places. Let me welcome the students from Kitui County. I have heard of Kyuluni, which is in Kitui East, for Hon. Nimrod Mbai, and also Kitui Rural for Mboni Mwalika. Let them feel welcomed and learn how we legislate here because, tomorrow, they will be here representing other Kenyans.

Thank you.

Thank you. I also want to welcome the students.

On a very serious business, let me first congratulate Hon. George Murugara, my very good friend. At one point, I had his salary in my account courtesy of us sharing the name Gitonga. I enjoyed his salary thoroughly.

When we talk about CHPs, I become very passionate. My mother is one of the CHPs. I speak passionately about this because she is among the people who have been serving communities at that lower level since the time I was born. I remember one time a person fell down and appeared to have died. Everybody ran to my mother to tell her to come and see whether the person had died or not. When the person rose, everybody ran away. They thought my mother had performed a miracle. I have remembered that since the time I was young.

We should have talked about remuneration, recruitment and training of CHPs in the first place. We have to equip them with knowledge and equipment. We also need to remunerate them in a way that they are able to do that extra job. But that is not the case today. These are people that respond when there is an emergency in the village. But the resources that we give them are too meagre to even pay for airtime or transport. It even gets worse because of the sharing of costs between the county and national Government. The national Government has done well and pays CHPs quite on time. But in constituencies and counties today they are not paid on time. For instance, Embu County, has not paid CHPs for the last six months. And it is just normal to them. As we debate this, we should consider a framework that will take up the whole remuneration of CHPs to the national Government. We want to hear the Cabinet Secretary for Health, Hon. Aden Duale, being very keen on the status of healthcare at the village level; the primary healthcare coverage. When he speaks, it is about how to steal elections or how to hate a certain community. We feel bad because healthcare should be considered seriously.

I would like to raise another issue. A few months ago, in this House, we debated and passed resolutions on UHC staff whose contracts had expired. We passed a resolution and agreed that they would be confirmed on permanent and pensionable terms. We considered their pay in the Budget and then we allocated the money to county governments. However, the

I know many of you would like to bring this Motion to a closure, but the rules are very clear. As long as somebody is interested in contributing, I cannot do that, unless a Member moves that the Mover be called upon to reply, and then we vote. (A Member consulted loudly) Hon. Mwenje, proceed.

Thank you, Hon. Temporary Speaker. First of all, let me congratulate Hon. Murugara for his very timely Motion on Community Health Promoters and their remuneration. We have them in 290 constituencies. As Members of Parliament, we interact with them. One of the issues they always raise is their remuneration.

It is important to note that this team first started as volunteers. They went out to the community and worked in the health sector. They are the first line of defence in the health of this nation. It is not even about SHA or hospitals. These are the people who ensure that people living with Human Immunodeficiency Virus (HIV) and other lifestyle diseases live longer, have access to medicine and receive counselling. They do all those things. Therefore, they are key to the health of this country.

I believe an error occurred. We allowed Community Health Promoters to get a stipend...

Hon. Members, as per the rules of this particular debate, the Mover will be called upon to reply at exactly 12.09 p.m. If you take a lot of time, then you will eliminate your colleagues in the debate. I suggest that you take as little time as possible. If you contribute for two minutes each in the next 15 minutes, you will accommodate as many Members as possible. Hon. Mwenje, continue but be cautious of time.

Thank you, Hon. Temporary Speaker. Definitely, I will not take all the time. We made a mistake by allowing county governments to be in charge of Community Health Promoters. Health is still a national government function, despite there being hospitals that are under county governments.

As we formulate this policy, it is important that we insulate it from the systemic shocks that happen within county governments. I had a meeting with Community Health Promoters in Nairobi recently. They told me that some of them had not received their stipend. We need to budget for it in this House so that we allocate money and ensure that they are paid in a timely

Hon. Nyikal, proceed and be cautious of time for the sake of your colleagues who would like to contribute.

Hon. Temporary Speaker, you stood me and in respect, I obliged.

There was no much interest in this Motion but many Members came in later. Proceed.

Hon. Temporary Speaker, the Community Health Promoters are the base of healthcare. The social determinants of health operate on the ground. People do not get sick in hospitals, but at home. It is how you live, eat and work, and what you do at home that makes one sick. The community worker is on the ground where all these things happen. So, prevention is at that level.

The other issue is that when a person gets a disease, early detection and treatment are key and cost-effective. Again, this can be done at the community level. The concept of the community health worker has been there. The earliest work was done by people from this country like Professor Miriam Were. She conducted the first community health research in Kakamega a long time ago and then we tried it. We have had many names from community health volunteers, community health workers and community health promoters. Basically, we have been avoiding a structured way of handling them. We do not want to call them workers, but we want to call them promoters or volunteers. This Motion tells us that we must come around and have a proper structure.

In terms of policy, this idea of Community Health Promoters came as a Community Health Strategy in 2005. That policy exists and it gives a structure of how Community Health Promoters work. Ten community health workers form one Community Health Unit which serves about 1,000 households. This translates to about 5,000 people who are taken care of. It is then linked to Community Health Extension Workers who are now called Community Health Assistants. When they encounter problems, they have a referral system at Level 2 Hospitals. This gives you a serious promotion and referral system. The working conditions are also structured. They are given kits and then they are trained. They are supervised by the Community Health Assistants. So, a structure exists but the issue is the governance structure.

This House passed a Community Health Workers Bill, which is currently in the Senate. We must now look at the scheme of service to determine how community health promoters are recruited, trained and remunerated. We must put in place a governance system. The current structure, which applies to both county governments and the national Government, is not working well. (Hon. Mark Mwenje crossed the aisle)

Order, Hon. Mwenje! The rules are very clear. You cannot keep crossing the aisle back and forth. You have to go to the end and

Let us have Hon. CNN. I will give an opportunity to two more Members. Proceed, Hon. CNN.

Thank you, Hon. Temporary Speaker. I will only take two minutes as you have directed. From the outset, I appreciate my brother, Hon. Murugara. I pray that the people of Tharaka re-elect him because he is a superb legislator. Community Health Promoters play a very critical role in delivery of primary healthcare. They assist in early detection and prevention of disease. They play a primary role in health promotion and education. They also support maternal and child healthcare.

I support this Motion because most community health workers navigate many challenges in their work, especially in places with transportation challenges and adverse weather conditions. That is why we need to improve their mobility. Community Health Promoters also get sick. The Government should provide them with free healthcare as they carry out their duties. They are exposed to contagious diseases during their work and can sometimes get infected. Free healthcare will incentivise them. We can offer them many incentives to improve their service delivery, but chief among them is providing them with gadgets to enable them to navigate through rough terrain and adverse weather conditions.

I have a lot to say. I encourage Hon. Murugara to ensure that this Motion becomes a Bill, so that we can allocate a budget for Community Health Promoters and incentivise them.

With those few remarks, I support the Motion.

The Member for Narok North, followed by Hon. Dawood. Please take as little time as possible to enable other Members to also weigh in on this matter.

Thank you, Hon. Temporary Speaker, for giving me this opportunity to support this important Motion by Hon. Murugara. Community Health Promoters move from village to village promoting healthcare. Whenever we visit our villages for meetings, we see them working. It is time that we recognised them and established structures to support them to do their work better.

We have health issues that we think are small like blood pressure, diabetes but they are really affecting our people. Our communities do not really understand these diseases. So, it is the health promoters that will make sure our communities are aware that there is blood pressure, diabetes and therefore give them early advice on what to do and where to go. It is time we made sure that we also look into their problems by making sure that we support our promoters because they walk very long distances out of the passion they have. For this reason, I support the Motion as it is and I support the structures that will be put in place to make sure that these people earn a living because the small amount of money they get is not enough to support them. It should not look like one is at liberty to pay what you want to pay. It should be within the law and it should be understood that they are doing very important work and they need to be supported.

Thank you.

Hon. Dawood.

Thank you, Hon. Temporary Speaker. I join my colleagues in supporting this Motion. It is only this Government that has introduced free medical insurance for CHPs. It is the first time CHPs are being paid a token; they have never been paid. So, this Government has recognised CHPs. We even need to move

The Member for Turkana Central, proceed.

Thank you, Hon. Temporary Speaker. First, allow me to thank Hon. Murugara for this. Hon. Murugara happened to be with me in the same high school. Thank you for the good work that you are doing. Such Motions are very important. For example, those of us who come from the marginalised areas of this country, the Arid and Semi-Arid Lands (ASALs) are able to get stipends from such engagements, and we thank this Government. Where I come from, we have the National Police Reservists (NPRs) who receive stipends for engaging in security matters together with the village elders.

Hon. Temporary Speaker, we can consolidate all these Bills into one and include the mobile schools, the nomadic schools and the adult learner schools. We can extend it to education and the Green Rangers because of our environment and sustainability. It is important so that these people are not under the mercy of anyone or any government. It must be sustainably included in our legal frameworks and in our Exchequer so that money is remitted to them at the right time and sustainably.

Thank you, Hon. Temporary Speaker.

The Hon. Murugara. Should I understand that you have donated two minutes each to the County Women Representative for Baringo?

Then I will have only six minutes.

Hon. Toto, Yeah Hon. Toto. Fair enough. Proceed. She is a Woman Rep from? Bomet Woman Rep and then Baringo Woman Rep.

Thank you, Hon. Temporary Speaker for giving me this opportunity to add my voice to this Motion. Also, allow me to congratulate my friend Hon. Murugara for this important Motion. I support it. Whenever I go to my village, attend churches and social events, I cannot fail to find CHPs attending to our people. The Ksh5,000 shillings given to them per month is not enough. It is a very small token. I support that they be given enough money because they are the first line of defence in attending to our people. Going village to village is not easy and they also have families. So, I support.

Thank you.

Hon. Member for Baringo Constituency, proceed.

Thank you, Hon. Temporary Speaker. I also take this opportunity…

I do know how much the rules have changed, but the tradition was that the Mover could donate a few minutes to other Members. Anyway, let us move.

Thank you. I also join my colleagues in congratulating the Hon. Member who brought this Motion. CHPs are very important members of society. Enhancing their remuneration is going to motivate them further so that they can deliver their services in good time. They have first-hand interaction with patients and are often the first point of contact for many people seeking healthcare.

This approach has given Kenyans the opportunity to receive essential services, particularly in health. Because of our lifestyles, we have seen an increase in lifestyle-related diseases such as diabetes, high blood pressure and many other ailments that need to be addressed. These are conditions that can be managed before a patient even interacts with a

The Mover can reply. Proceed. Hon George Murugara (Tharaka, UDA): Thank you very much, Hon. Temporary Speaker. Allow me to thank each and every Member who has contributed in support of this Motion. I am very proud to see that it has been supported overwhelmingly by every contributor because what we are doing here is very important as far as CHPs are concerned. Today, they will possibly go to bed as happy people, knowing that they have a House of Parliament that cares for them, and that is very important.

We have always talked about the Bottom-Up Economic Transformation Agenda (BETA) of our government, and this House must spearhead it. Recently, we had the area managers who are now receiving a stipend, and I began this in 2019 when I was a first-time Member of Parliament. We now have the CHPs, and we are soon moving to the bodaboda because of the exploitation they face when they take loans to buy motorbikes.

We will be dealing with the in Duplum Rule that is coming to the House soon. I know it will also receive overwhelming support. Today, we have very good Bills coming up after this, including the one by the Hon. Gitonga Mukunji, the Member for Manyatta Constituency, on SMEs. SMEs are an example of what bottom-up means. We must live by that principle.

We also have another Bill by the Hon. Lady from Garissa on how we are going to protect women, because most of them are vulnerable. We must speak for them. It is the work of this House to defend them and ensure that those at the bottom are empowered to come up.

As a House, we will now work on a Bill so that these policy frameworks are put in place and CHPs can become employees of the Government.

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

Thank you, Hon. Temporary Speaker. I beg to move that the Sexual Offences (Amendment) Bill (National Assembly Bill No.50 of 2025) be now read a Second Time.

The Bill seeks to amend the Sexual Offences Act (Cap. 63A) to strengthen the legal framework governing the prosecution of sexual offences in Kenya. Sexual offences remain among the most traumatic crimes in our society, causing physical, emotional and psychological harm to victims, many of whom are women and children. Despite the existence of clear laws criminalising sexual offences, we continue to witness instances where such offences are subjected to informal settlement, including through traditional or community dispute resolution mechanisms. In some cases, families or communities negotiate compensation or settlement

Hon. Harun, proceed to second the Bill.

Thank you, Hon. Temporary Speaker. From the outset, I want to congratulate my sister for bringing the amendment Bill on time. This is the right time and I believe that the National Assembly will make possible the dream of all girls who suffer sexual offences to get justice. A sexual offence is a crime committed against the State. It cannot be simply just a family affair or an affair that can be discussed under a tree. I support the Bill. If passed, the Bill will protect the girl child from stigma and dropping out from school. It will give the girl child the right to education and it will protect her to continue being in class even after defilement. My sister has proposed that we do not discuss the issue of sexual offences under a tree. Girls will have an opportunity to continue with their education even after defilement has happened.

The Bill does not abolish the Maslaha system and many other matters, but it solely deals with the issue of sexual offences. The alternative justice system is a good way of solving many other issues, but we say no on sexual offences matters.

As I conclude, justice must be served in courts. Justice cannot be for sale. Justice cannot be discussed under a tree. Justice must be done in our courts as per the Constitution of this country. We all have a right to get justice. Also, the body of a little girl or a young woman who has been defiled or raped is not a commodity to be discussed or negotiated under a tree. So, we support this Bill and I want to implore the rest of the Members in this House to make this history and help the women of this country achieve what we want.

Thank you very much. I beg to second. (Question proposed)

Hon. Donya.

Thank you, Hon. Temporary Speaker. I congratulate and thank Hon. Udhun (or is it Udun?). I come from a place where W and D are a problem. I think it is Hon. Udgoon.

I come from a community where we practice FGM and it is very rampant. We all know that FGM has no health benefits. It is a violation. I do not understand how in 2026 we are

Hon. Rahim Dawood, do you want to contribute on this Bill? I can see your name on top of the list.

Yes, Hon. Temporary Speaker. First of all, let me congratulate Hon. Udgoon on this timely Bill. The Sexual Offences Act was first brought to this House during the 10th Parliament by Hon. Justice Njoki Ndung’u. Since then, there have been a few amendments, but I think this amendment is very important in this time and age. This is because many a time you hear about this practice, not just in North- Eastern Kenya, where they call it maslaha; it happens all over the country. In my constituency, I remember a case where a girl was defiled but because the parents were poor, there was an out-of-court settlement. The case even went up to court, but then it was withdrawn.

I do not know how we can amend the Act, in the sense that there should be no nolle prosequi by the DPP at any time. If an offence has been committed and there is enough proof for it, then there should be no out-of-court settlement. This is because this is not a civil matter; it is a criminal offence. What has been done will stay in the mind of the minor. It will stay there forever; the defilement does not go away. You cannot clean it up. So, it will be such a tragedy to let somebody who has done it to one child to be back into society so that they can do that same offence to another child. We need to condemn whatever happens, and it is not just to females. Even young male minors are sexually abused. We should get to the bottom of this matter. I agree with the Member for Garissa County that such a case should not be left to elders to sit down and work on an out-of-court settlement.

With those few comments, I support.

Next is Hon. Murugara, who will be followed by Hon. Nyenze.

Thank you very much, Hon. Temporary Speaker. I do support this Bill because it just recasts what the position in law is—which is that criminal cases can hardly be compromised out of court. This is because in criminal cases, we only have a complainant but the person prosecuting is actually the Republic of Kenya. As I support it, I am aware of the provisions of Article 159 of the Constitution, which encourages that when we dispense justice we must also think about Alternative Dispute Resolution (ADR)

Hon. Nyenze.

Thank you, Hon. Temporary Speaker, for giving me this opportunity. Let me start by congratulating the Woman Representative for Garissa County, Hon. Amina Udgoon, for bringing the Sexual Offences (Amendment) Bill. Sexual offence cases must be heard in formal courts. Any agreements, settlements or family compensations should be excluded as such arrangements would encourage further cases of sexual offences.

If an offender can simply pay a small fee and get off the hook, that would encourage sexual offences against women and young men. If such cases are settled out of court, more girls may become pregnant, contract diseases, suffer indignity, including the loss of their virginity, and drop out of school. Their lives and plans will be disrupted without anyone being held responsible. Critics say this would interfere with the Constitution because Article 159 recognises traditional dispute resolution as one of the methods of resolving disputes.

We should consider amending Article 159 of the Constitution, which recognises traditional dispute resolution. In some remote areas, courts are located far away. We may,

Hon. (Prof) Jaldesa, if you take as little time as possible, you will allow a few of your colleagues to also have a bite before we adjourn.

Proceed.

Thank you, Hon. Temporary Speaker. This is a very important Bill. We know that sexual offences can happen against boys and girls, men and women although the majority of victims are female. The law, as it stands, may not have any major defects. The problem is the level of evidence collection. Sexual offences are used to intimidate women and as a weapon of war. When clans are fighting, sexual offences may be committed against women to offend the men of the rival community. This can lead to further revenge and retaliation. In the end, conflicts between clans may continue. Sexual offences can, therefore, become a means of conflict.

The major problem, as I see it, is the level of evidence collection. For anybody to be convicted, there must be an evidential threshold. This is particularly difficult for people in rural areas because of the shame and embarrassment associated with sexual offences, rape and defilement. We also need the Mover to clarify whether she is referring to defilement of minors or to sexual offences generally, including rape against women and girls. Victims may report these matters late or may not report them at all because of the shame and embarrassment involved. If they report very late, the chances of presenting sufficient evidence in court and securing a conviction become very slim.

That is why alternative dispute resolution may play a role. The maslaha system in the Northern Kenya Region, for instance, may provide evidence. Otherwise, the offenders may be set free.

With those observations, I support the Bill although it requires some adjustment.

Proceed, Hon. Adow.

Thank you very much, Hon. Temporary Speaker. I rise to support the Sexual Offences (Amendment) Bill. Sexual offences are public crimes prosecuted in the name of the Republic. They are not private disputes between individuals and families.

Across Kenya, and in many societies, cases arise where victims of sexual abuse have absolutely no say in the determination of cases concerning the trauma they have suffered. In many instances, while the victims are still in pain, elders and community leaders meet quickly to find a solution without involving them. This is becoming widespread and undermining the gravity of sexual offences, particularly against women and children. It is high time we stopped this practice and ensured that anyone accused of a sexual offence, regardless of their standing in society, has their day in court, and only in court.

Hon. Fatuma, Member for Migori.

Thank you, Hon. Temporary Speaker, for giving me this opportunity. I want to congratulate my sister for having gathered the courage to defend the women and girls of this country. Congratulations to the Garissa Women Member of Parliament. May Allah guide you all the way. Sexual assault and harassment are not ordinary family disputes or disagreements in a community or within the family. These are serious offences. In fact, these offences are as good as killing someone because, emotionally, the defiled girl or woman has been killed inside. Forthwith, she will live like an empty shell. If a person who is alleged to have assaulted or harassed a victim is not taken to court and prosecuted, this menace will continue within our communities, and the perpetrators will take advantage of the situation. In most cases, these devilish acts happen to victims who come from poor families, persons with disabilities, those who did not go to school and who live in rural areas. Informal settlements do undermine accountability. If this issue is not addressed, it will deter victims from coming forward. When collecting data on how many girls or women are assaulted in a year, the cases do not go to court and instead are solved within the village, we would not get data as government so that we know the seriousness of this matter. Hon. Temporary Speaker, when a woman or a girl is assaulted, believe me, the trauma goes to the next generation. If that woman gives birth to a boy, she will look at him thinking: “When you become a man, remember what a man like you did to me.” This is a terrible thing that cannot be settled with cows or money. It is not a minor dispute over a stolen chicken, where families can simply sit down and agree on compensation. This is about someone’s life. This is a serious matter that we should not even discuss here. I believe every Member of Parliament who is here to pass laws will pass the toughest law to deal with people who commit such acts. I have seen a girl with disability in my village, at a place called Sori Karungu. She has a severe disability. The girl was defiled and gave birth to a child. She could not even breastfeed the child. It was reported to me. The family refused to identify the person yet they knew the person. The girl has a severe disability. She cannot even hold a child. I took the child to a Catholic institution and they are raising it. Unfortunately, the same offender has impregnated the same girl for the second time. She was assaulted when she was 12 years. It happened again at 14 years old. It seems like the family collects money from the perpetrator. They will tell you that they do not have a choice. The saddest part is that the girl even got infected with HIV/AIDs. The family knows the alleged offender. They went, as a family, and talked to the other family. They were given a thin ugly cow as compensation. This time round, I hear the father was given a motorbike as compensation. I have pleaded with that family. They have refused to tell me who did it. Unfortunately, by the time we got to know the girl was defiled, she was already pregnant. So, we do not even have evidence of anything other than the pregnancy. The family and the local community have refused to cooperate with the Government to help this child. If we encourage such acts, there are girls with disabilities who have been defiled as adults when they are over 18 years. They are neither children nor minors but grown-ups. However, they are not able to talk for themselves. It seems like the family is making money out of this devilish act. Hon. Temporary Speaker, by every sacred text and constitutional principle, such culprits deserve no leniency or debate. There should be no mercy shown to them. In fact, they should be hanged because they have left this child or woman living but dead. It is such a sad situation that I request all of us in this House to take up this matter. We are parents, daughters and also sons. Kindly, even our sons are being subjected to this devilish act. Some men do these things to our small boys. If compensation is given, what society are we bringing up? This society will soon be boy-to-boy and girl-to-girl only relationships because we are allowing small issues like money to buy the dignity of a human being.

Next is the Member for Buuri.

Thank you very much, Hon. Temporary. Today is a very important day. I also thank Hon. Kuno for what he has done. I stand here because I have a relative, a young lady, whom I have been educating, who was assaulted.

I am the patron of People with Disabilities (PWDs) in Meru County. I have come across cases where people with special needs have been sexually assaulted. Statistics of sexual assault for the last two years which have been reported to the police amount to 14,518. Last year, we had 5,332 defilement cases and 884 cases of rape. There is no alternative dispute resolution mechanism that can restore the dignity of someone who has been sexually assaulted.

When we talk about sexual assault, we mean penetration, touch and whatever else that is indignifies our young women, mothers, boys and even grown-ups. It also affects grown-ups, particularly, with increase in alcohol and drug consumption. We need to do away with the clause that provides for alternative dispute resolution mechanisms of cases touching on sexual abuse.

What kind of society are we developing? Lawyers themselves know the law is an ass. They should not give us that ass; they should give dignity to our girls, boys and anybody who is sexually assaulted. If we go that route, it means 14,518 men who have assaulted our girls will be set free. That means 14,518 criminals will be walking in towns and villages free of charge. It must be done and it has to be done. There are things that we can compromise on and there are those we should not.

I state here that some of these things are more associated with certain communities. The communities should revisit this. If they are truly followers of the Bible and the Quran, they should feel ashamed of trying to entrench their traditions in religion. Time has come to separate the two. If the Bible encourages immorality, we must separate the two. If the Quran encourages immorality, we should separate the two. If a community encourages immorality and assault of our children, we must call out that community as it is.

I thank women of faith who are in this room today. We support the women of faith because they feel pain when others are just there. That is why we thank His Excellency because he is trying to create opportunities for everyone. Some of the victims are children from poor families and children of poverty. I wish we would look forward to supporting this Government because it is bringing development across the board and trying to encourage our young people to work, and not to depend on other people who take advantage of them. This is quite emotional, but it must be done. We must approve this amendment immediately. It must also be implemented. I challenge our lawyers and the JLAC, to please confront. I feel pity for any lawyer standing up to defend a criminal who has raped a young child. Please revisit your professional morality.

Thank you.

Member for Trans Nzoia.

Thank you, Hon. Temporary Speaker. I also rise to congratulate my sister, Hon. Udgoon from Garissa for bringing this Amendment Bill, which has come in handy. Our women, and our young boys who are being sodomised, have suffered in the hands of people who feel like they can sit down and decide on their behalf. The issue of them agreeing on behalf of the victims has really affected the emotions of the victims, and spoiled the reputation of the community. The continuity of what is happening at the moment is because of the prevailing situation where a few individuals sit down and think that they can agree on behalf of the victim. Besides that, we need to put in place some policies

Order Member for Trans Nzoia County. When this debate resumes, you will have eight more minutes to contribute.

Hon. Members, the time being