Wednesday, 6th December 2023

Serjeant-at-Arms, ring the Quorum Bell.

Hon. Members, we now have quorum. Clerk.

Hon. Members, I have a short Communication on the withdrawal of certain clauses of the Gambling Control Bill (National Assembly Bill No.70 of 2023) .

Hon. Members, as you may be aware, the Gambling Control Bill (National Assembly Bill No.70 of 2023) was published vide Kenya Gazette Supplement No.212 of 31st October 2023 to, inter alia, provide for the regulation of betting, casinos and other forms of gambling; the authorisation of prize competition and public lotteries; and the imposition of tax on betting and other forms of gambling.

The Bill, which is sponsored by the Leader of the Majority Party, was read a First Time on Wednesday, 8th November 2023 and was thereupon referred to the Departmental Committee on Sports and Culture for consideration in accordance with Article 118 of the Constitution and Standing Order 127 of the National Assembly Standing Orders.

Further, I referred the clauses in the Bill relating to taxation which included Clauses 45 and 46 to the Departmental Committee on Finance and National Planning for consideration.

The Bill was subsequently considered by the House and passed at Second Reading on Wednesday, 29th November 2023, thereby committing it to a Committee of the whole House. Indeed, the Bill is scheduled for consideration in Committee today under Order No.17.

Before proceeding for consideration of the Bill in Committee of the whole, I wish to inform the House that I have since received a letter from the Leader of the Majority Party, dated 5th December 2023, requesting my consent for withdrawal of Clauses 45 and 46 of the Gambling Control Bill, 2023. In his request, the Leader of the Majority Party indicates that the Gambling Control Bill, 2023 is a Bill concerning county governments in the terms of Article 110 of the Constitution. In this regard, the Bill is to be processed by both Houses in accordance with Article 109 (4) of the Constitution. The request, therefore, notes that the two clauses ought not be considered in a bicameral manner as they provide for matters not contemplated under Article 110 (3) of the Constitution.

Hon. Members, the Leader of the Majority Party further avers that Clauses 45 and 46 of the Bill specifically relate to taxation. Noting the provisions of Article 114 of the Constitution which restricts the consideration of money Bills only in the National Assembly, the Leader of the Majority Party is of the view that bicameral consideration of the Bill may not be tenable. Therefore, the taxation measures contained in the two clauses ought to be considered in a taxation law as per practice. Additionally, the request notes that the House recently resolved on various taxation measures through the Finance Bill, 2023.

In this regard and in keeping with the provisions of Standing Order 49, the consideration of further taxation measures is limited at the moment. The Departmental Committee on Finance and National Planning is currently undertaking comprehensive stakeholder engagements with a view to proposing taxation measures for consideration by the House.

Having considered the request, I have acceded to the request by the Leader of the Majority Party to withdraw Clauses 45 and 46 of the Gambling Control Bill, 2023. This is premised on the understanding that appropriate transitional clauses will be included to allow for the current taxation regime in the gambling sector to continue in the interim until another law is introduced. Indeed, I wish to draw the attention of Members to today’s Order Paper which contains amendments of the Departmental Committee on Finance and National Planning relating to transition matters on taxation in gambling.

With this withdrawal, Hon. Members, the Bill will be considered in the Committee of the whole House without referring to the withdrawn clauses and will proceed as though the withdrawn clauses were not part of the Bill as published.

The House is accordingly guided. Next Order.

Honorable Members, take your seats. Take the nearest seat, I have a Petition to present. The nearest seat, Commissioner Faith. Members at the bar take your seats if you have intensions of participating in the proceedings.

Year ending 30th June 2022, the NHIF management created Incurred but not Reported Claims aggregating to over Ksh21 billion backdated to the 2019/2020 Financial Year inclusive of cumulative Incurred, but not Reported Claims for the previous financial year. The unbudgeted claims were charged to the NHIF members’ contributory schemes causing a huge financial crisis that made NHIF unable to pay hospital bills for genuine contributors.

Hon. Members, the Petitioner further avers that upon analysis of the annual reports and financial statements, there was a lack of evidence supporting the Incurred but not Reported Claims and that the Incurred but not Reported Claims reserves were fraudulently created to enable the siphoning out of NHIF funds. This has caused a major crisis in the contributors’ medical coverage resulting in most patients being denied treatment.

The Petitioner, therefore, prays that the National Assembly compels the Board of Management and the Executive Officer to prepare financial statements that give a true and fair view of the state of affairs and consequently identify which healthcare providers benefited from Incurred but not Reported and whether the Incurred but not Reported Claims were authentic. In the event the Incurred and not Reported Claims are found to be inauthentic, the total amount paid should be recovered from the beneficiaries.

Hon. Members, having established that the matter raised in the Petition is well within the authority of this House and further, that the matters raised in this Petition are not pending before any court of law, constitutional or legal body, I hereby commit the Petition to the Public Petitions Committee for consideration pursuant to Standing Order 208A.

The Committee is required to consider the Petition and report its findings to the House and to the Petitioner in accordance with Standing Order 227(2). Thank you.

Leader of Majority Party.

Thank you, Hon. Speaker. Let me first thank Bwana Muchere whom I know well. He has been an internal auditor at the National Treasury. He has been a very spirited public advocate for good governance and the fight against graft in this country.

Hon. Speaker, you have already committed that Petition to the Committee on Public Petitions, but I would really implore the Committee to consider involving the Office of the Auditor-General because that is a matter that will need, at least, some sort of forensic audit and not just to rely on what Bwana Muchere has done. The Committee should occasion a forensic audit on to the activities of management of the NHIF. Hon. Members may recall that about a few months ago, the Cabinet Secretary for Health effected some changes at the NHIF including suspension of some healthcare providers. Some of these healthcare providers were involved in a scheme that was exposed by the Nation Media Group (NMG) through their NTV station. That points to the rot that has been within NHIF. It is, indeed, true and I would want to concur with auditor Muchere, that there are numerous incurred but not reported claims. This is just one of the schemes used by fraudsters, more so those within the health sector, to defraud contributors of the NHIF by defrauding the Fund.

Now that we are at the verge of having a new Fund under the Social Health Insurance Fund (SHIF) , it is imperative that we create confidence in Kenyans that whatever amount of money they contribute into the new health scheme, it will not be subjected to the same fate that previous NHIF funds have been subjected to, through fraudsters and healthcare providers who masquerade as healthcare providers providing services for claims that are really not claims.

The exposé by the NMG laid bare the level of fraud that is involved in the NHIF medical claims. I, therefore, want to support that Petition and request the Chairman of the Public Petitions Committee to consider seriously getting a forensic audit conducted first by the Office of the Auditor-General so that they can base whatever decision they will base on, on an actual audit done. That way, we will get our Public Investments and Public Accounts Committees involved.

Thank you, Hon. Speaker.

Hon. Gitonga Murugara. Are you queuing for this?

Then what are you queuing for? You are on the request list. I directed, and I want to repeat, that you only key in and get on the screen when an order is called. But I have Members here like Hon. Dekow, Hon. Gitonga Murugara, Hon. (Dr) Makali Mulu, Hon. Adan Haji, Hon. Beatrice Elachi and Hon. Owen Baya queuing on this matter.

If you are not queuing to comment on this Petition, log out. Yes, Hon. Beatrice Elachi.

Thank you, Hon. Speaker. I also want to support the Petition. It is very unfortunate. It seems like in our country, people contribute money, we move on as a leadership and then start another thing without even giving an account to our people who have paid NHIF contributions. Some of these people have never received treatment or known what has happened and are now in a new dispensation and about to start contributing.

All Members here contribute Ksh2,000 each, but when they go for treatment, and their package is like for civil servants, they are unable to be given the same treatment civil servants are given, yet they are being deducted Ksh2,000 a month for that same NHIF. It is, therefore, important that even as we look at all these matters, we relook at the packages Members are paying and assist them so that they can get a better cover like any other person.

Again, as we look at the finances and beneficiaries, it is important for us to be told as a country how much Kenyans contributed towards the NHIF before we go to the new one so that we are able to appreciate that this thing can assist us in our health matters.

Hon. James Wandayi Opiyo.

Not on this one. Hon. Wangwe Emmanuel.

Thank you, Hon. Speaker. I want to support the Petition by Mr Muchere on the revelations of what is happening at the NHIF. The NHIF is one of the agencies I am overseeing as the Chairman of the Public Investments Committee on Social Services Administration and Agriculture.

I want to call upon the Chairman of Public Petitions Committee to walk the journey the Leader of the Majority Party has said, and invite the Office of the Auditor-General because when you look at what is happening at the NHIF, they have had to use acting CEOs.

On one of the occasions when they appeared before my Committee, they were totally unable to explain what they are doing in the organisation. It will be very important that we get to the bottom of the whole saga, because what is pending at the NHIF, even without anticipating debate on the report, I shall be tabling about the health sector, is not proper. Therefore, it is important that we get the forensic part of it in detail from the Public Petitions Committee and once we are seized of the report, we will again analyse it further.

This is a good Petition, especially coming at a time when there is a transition from the NHIF to SHIF. We support the Petition and look forward to receiving it.

Hon. Sunkuli Julius.

Thank you, Hon. Speaker. I rise to bring to the attention of the House that I had already allowed the Departmental Committee on Health in which I sit, to conduct an inquiry into the activities of the NHIF, and the inquiry is going on as we sit.

Looking at it now, these things seem to be deep, and as you commit this to the Public Petitions Committee, it would be good that we develop a way in which the Departmental

Committee on Health can work together with the Public Petitions Committee and the Office of

Thank you, Hon. Julius. Hon. (Dr) Makali Mulu

Thank you, Hon. Speaker. I also support the Petition and thank the Petitioner for bringing out this issue. What the Petitioner is demanding from the NHIF is accountability. Now that we are shifting to a new Fund in one year, it is important that this matter is sorted early enough so that those who are responsible can be the first case to leave the institution and get new people who can serve Kenyans effectively and efficiently without any problems.

However, this matter of corruption cuts across many institutions, mostly our parastatals. It is important that even as we look at this specific one, the Office of the Auditor-General conducts a special audit on most of these institutions to make sure that the funds which Kenyans are contributing are being used in the most effective manner.

With those remarks, I support and thank the Petitioner for this Petition.

Hon. (Dr) Lilian Gogo.

Thank you very much, Hon. Speaker. Allow me to add my voice to this Petition by one Mr Muchere. Matters NHIF have become a problem for the longest time, and it is important that it is followed up by this House.

It is equally important to people who contribute to this particular Fund that in moving forward, it is going to be transformed into another Fund. I hope the NHIF transformation will not just be by name, but it will be a Fund that will help the great people of Kenya. The NHIF has had serious issues. I have always wondered why when hospitals are excluded from receiving NHIF capitation, they collapse immediately. It means it is a cash cow for people who run hospitals. So, it is important that as we speak for the people we represent in this House, we look at matters that affect the Kenyan population. We should safeguard the interests of Kenyans, more so when it comes to matters health. People should get value for money.

I thank you, Hon. Speaker.

Hon. Lelmengit.

If you do not want to contribute to this Petition, get off the screen. Hon. Yusuf Hassan.

Thank you, Hon. Speaker. I also want to comment on the Petition. There are many problems at the grassroots level with regard to health. It is difficult for Kenyans to access health services when they fall sick and go to hospitals. In general, there are several glitches with the NHIF system. Patients are turned away and do not get service even when they are fully contributing to the NHIF. There is need to shake up the NHIF so that it can serve Kenyans better, particularly those who cannot afford high hospital charges as we do.

As a victim, I have been in and out of hospital because of the injuries I sustained in a bomb explosion a few years ago and I discovered that even for someone of my status, it is difficult to get access to some services because of the bureaucracy at the NHIF. There is an

urgent need to change, reform and improve the services so that we can all benefit. This will ensure that even the marginalised communities who are at the bottom level get access to health services. Additionally, those who have registered for NHIF will get better services from the institution.

Hon. Dekow Barrow, Member for Garissa Township.

Thank you, Hon. Speaker, for allowing me to voice my support to the Petitioner for bringing up this important issue. As we transition to a new Fund, there is need to carry out certain audits, like the one brought up by the petitioner. It is unfortunate that the main purpose of NHIF, which is to take care of the vulnerable so that they can access health services, is now being collapsed by greedy individuals. The revelations by the Petitioner of fraud in NHIF amounting to Ksh21 billion is shocking. There is need for us, as a country, to relook at this issue. Our public health centres and hospitals are collapsing as result of mushrooming private hospitals. The intention and target is to syphon public money from the NHIF. I support the Petitioner and hope that the issue is taken seriously. We should ensure that the new entity, the Social Health Insurance Fund, is not collapsed by private hospitals whose intention is to steal from the public.

With those few remarks, I support the Petition.

Hon. Members, we will end the debate on the Petition now. That Petition and the contributions you have made raise several issues that are crosscutting. The Chairman of the Public Investments Committee on Social Services, Administration and Agriculture has said that his Committee is seized of the matter.

Hon. Wangwe, I hope you are listening. Hon. Sunkuli also said that the Departmental

Committee on Health is looking at the matter. However, the Petition ought to be committed.

Hon. Members, before the next Order, I have been informed of a little incident that happened yesterday regarding the NG-CDF. This was brought to my attention while I was away on an official visit to Djibouti. I communicated with the National Treasury. They gave me a firm commitment that before 20th December, they will disburse not less than Ksh9 billion to the NG-CDF management. The money will be disbursed to your constituencies, if not for nothing else, at least to deal with the sticky issues of bursaries when schools open. Thereafter, more resources will be committed. I am informed that the reason for the delay is the current state of the economy. We are all aware that there is an economic crunch in the country. More importantly, this month the National Treasury is retiring the Eurobond. You are aware that the first charge on our resources must go to debt service.

Last year, when we had a similar incident, the National Treasury, through my intervention and that of the Leader of the Majority Party, committed to pay NG-CDF disbursements in good time. You recall that by the time we closed the year, every single disbursement to the NG-CDF had been done. I believe that we should not leave our womenfolk behind.

I ask the Leader of the Majority Party to also follow up so that as NG-CDF is disbursed, the National Government Affirmative Action Fund (NGAAF) is also catered for. This will ensure that the County Woman Representatives are taken care of as well. I believe this should allay your anxiety. If there is any issue, yours truly is here to take care of your welfare. Being the critical link between this House and the Executive, especially the National Treasury, I must ensure that you are not constrained in serving your constituents and Kenyans at large through the NG-CDF. The Fund does more development projects, sometimes even more visible than what the devolved units are doing.

The Leader of the Minority Party, you sought to raise a point of point order.

Thank you very much, Hon. Speaker. I had, indeed, sought your indulgence to allow me to raise a pertinent issue that touches on the Constitution and the laws of the land. For starters, it is in the public domain that yesterday the Controller of Budget, Dr Margaret Nyakang’o, was arrested and arraigned in court over some matters which I am not privy to. I am very much alive to the rule of sub judice and our Standing Orders. I will not delve into the matters that are before court.

However, let me say this. I think it is the first time since the promulgation of the 2010 Constitution that a holder of an independent office has been charged in the court of law. I may be wrong, but I do not think I am wrong. It is the first time since 2010, and that raises serious issues. At the outset, I want to take you, Hon. Speaker, to the provisions of the Constitution of Article 95 of the Constitution that sets out the functions of this House. Inter alia Article 95 (2) of the Constitution states:

“…the National Assembly deliberates issues of concern to the people”. If you go further down, at Article 95 (4) , “among other things, the National Assembly determines the allocation of national revenue between the two levels of government”. At (b) , “the House appropriates funds for expenditure by the national Government and other national States organs”. Above all, at (c) , “the House exercises oversight over national revenue and its expenditure”.

I want to draw your attention to the provisions of Article 228 of the Constitution that establishes the office the Controller of Budget. Under Article 228 (4) of the Constitution, “the Controller of Budget shall oversee the implementation of the budget of the national and county governments by authorizing withdrawals from public funds under Articles 204, 206, and 207”. In a nutshell, the Controller of Budget is exercising her mandate pursuant to the function of this House of appropriating funds to various agencies and organs of government and authorities.

Hon. Junet Mohamed is reminding me. There is a notion which has been created out there since the arraignment of the Controller of Budget yesterday that perhaps the Office of the Controller of Budget is now vacant or somehow the Controller of Budget is now impeded from

performing her functions. Let me go further to draw your attention to the provisions of Article 251 of the Constitution.

Under Article 251(1) of the Constitution: “A member of a commission or the holder of an independent office such as the Controller of Budget may be removed from office only for one serious violation of the Constitution or any other law including contravention of Chapter 6,

Hon. Wandayi, I am still at a loss as to what you want. Are you not whistling in the dark?

No, I am actually laying a foundation for my submission. I will conclude very quickly.

You know what whistling in the dark means?

I know.

Order, Hon. Wandayi. That is speculative.

I want to bring your attention to the fact that I happen to have sat in the National Dialogue Committee, which was co-chaired by none other than the Leader of the Majority Party. Madam Margaret Nyakang'o appeared before us and made very serious allegations on how public funds are being misappropriated by people who are charged with the responsibility of managing the funds. We followed up that issue with the relevant officers, including the Cabinet Secretary for the National Treasury and Economic Planning. The only answer we got was that the matter has been referred to the Auditor-General.

Therefore, the public has a reason to believe that perhaps the reason she is being pursued or being hounded out of office is because of her strong stance against misuse of public funds.

In any event…

Wind up. Be cautious of the fact that this is a matter before court. What you are saying now is likely to undermine the integrity of the case, including the defence of the person you are defending.

Okay. I am well guided. Let me conclude as I seek that you make a determination and issue a communication from your Chair allaying these fears that are out there; that that Office has somehow been incapacitated following the arrest and arraignment of the office holder yesterday.

Under Article 157 of the Constitution, which creates the Office of the Director of Public Prosecutions (DPP) and indeed generally under common law, a prosecution is undertaken after exercising certain discretion.

You are being tautologous, Hon. Leader of the Minority Party.

This is very important. Before somebody is charged in court with a criminal offence, it is the duty of the DPP to ensure that the charges pass the evidential test. I am sure you know that. …and are also in public interest.

Hon. Wandayi, you have crossed the line.

Okay. I will again retreat. I plead with you that the public out there is utterly anxious…

You have only said two things: That the Control of Budget has been charged and the second one is whether she continue working as the Control of Budget. That is all you have said in too many words.

Let me summarise. My submission is that regardless of the actions that were taken yesterday by way of charging the Controller of Budget, Margaret Nyakang'o, under the law and under the Constitution, she continues to hold office as the Controller of Budget and continues to discharge her mandate and, therefore, any other insinuation should be discarded.

Thank you, Hon. Speaker. I submit.

Hon. Members, I can see three senior lawyers raising their hands. This matter is before a court of law. From what I have seen in the media, I take judicial notice.

Okay. I will give you two minutes. Avoid going to the direction of the Leader of the Minority Party.

Thank you, Hon. Speaker. I rise with a lot of sympathy to my very good friend. He has redacted certain parts of the law. If he had read everything... I wish he had referred to the Leadership and Integrity Act.

Secondly, in the same Constitution that he referred to, a State officer is defined and it is known who it is. The Controller of Budget is a State officer. He should have also referred to the Anti-Corruption and Economic Crimes Act. When you read the law selectively and then tell us what the total import of it is, you mislead the House and public.

Hon. Speaker, you should not be invited to interpret something that is absolutely clear. It is contained in the books. To the best of my recollection, when I moved the Leadership and Integrity Act, Hon. Wandayi - Leader of the Minority Party - contributed to it. You know what it is. You also know what the Anti-Corruption and Economic Crimes Act says.

You cannot abdicate your responsibility of knowing and then you become a permanent resident in ignorance. That should not be allowed.

I thank you, Hon. Speaker.

On a point of order, Hon. Speaker.

Yes, Hon. Wandayi.

Did I hear Hon. Chepkonga refer to me as being ignorant? Can that possibly be true, Hon. Speaker, even if you were to ask such a question? He is out of order.

Order. It is an unkind remark to your colleague, Hon. Chepkonga. Withdraw it.

Hon. Speaker, I said he was making an attempt to enter into the permanent residence of ignorance. I have not said he is ignorant.

You said he is a permanent resident in ignorance.

I withdraw.

Have you withdrawn?

Yes.

Thank you. I do not want to escalate this debate. Those of you who think they are defending Dr Nyakang’o are actually prejudicing her case, we are not privy to its facts. If you are, Hon. Speaker is not.

Yes, Leader of the Majority Party.

Thank you, Hon. Speaker. Let me first thank Hon. Chepkonga for withdrawing that remark on ignorance. For all I know, the Leader of the Minority Party is not ignorant. He is, indeed, doing very well. He has caught up on what the Leader of the Minority Party should be doing. He is doing his work.

I can see the spirited attempt to defend our good friend, Dr Mary Nyakang’o, the Controller of Budget.

It is Dr Margaret Nyakang’o.

Yes, Dr Margaret. Hon. Speaker, you can hear I am not privy to the name like the Members in the Minority Party. The spirited attempt to defend her by the Leader of the Minority Party is what I saw yesterday in certain political quota. I urge all of us to treat the matter for what it is. I agree with the Leader of the Minority Party that, indeed, she holds an independent office together with the Auditor-General.

What I do not agree with the Leader of the Minority Party is that there is absolutely nothing in the Constitution that says that a holder of an independent office cannot be charged or is above the law. The matters that Dr Margaret Nyakang’o has been charged with in court are out there in the public domain. She is being accused of issues that happened at a time she was not the Controller of Budget, which is way back in 2016 in a financial institution that she managed or ran. Complaints were lodged.

As the Leader of the Majority Party, I hold a constitutional office. If I had certain improprieties at the time I was selling meat as a butcher in Kikuyu and Hon. Junet who used to supply me with cows complains that I did not pay him or I took off with some of his money, I am culpable to be charged. These are matters we should leave for the courts to consider the evidence that will be adduced by the office of the DPP and his witnesses, and the defence Dr Margaret Nyakang’o will mount in court.

I agree with Hon. Chepkonga. It is one thing to read the Constitution and claim independence of the office, excluding us from reading Chapter Six on leadership and integrity. What you are being invited by Leader of the Minority Party to pronounce yourself on is not for you to do it. He is inviting you to a political duel. It is okay for it to be out there in press conferences and other organised media. To attempt to use this chamber to prosecute a matter that is in court, as the Leader of the Minority Party duly noted, will be sub judice. I implore on him to heed your advice. Even those who seek to defend Dr Margaret may be prejudicing her case in court.

It is safer to leave that matter to the courts. Let them make a determination based on evidence that will be adduced in court. We do not know the evidence that the office of the DPP has. There is nothing in our Constitution and laws that say either the Auditor-General or holder of an independent office like the Controller of Budget is immune to prosecution. If we say that a holder of a constitutional office like the Leader of the Majority Party, independent or constitutional commission office is immune to prosecution, that will be the height of impunity. When we say we shall deal with impunity, the Leader of the Minority Party who is a Member of the House must be seen at the forefront on the fight against graft. It is not only graft when it touches on public funds or office but also those who are in private sector engage in it. As leaders, we must be at the forefront to speak against graft and impunity in this country.

It is not lost on me that the same people who purport to be defending Dr Margaret Nyakang’o today are the same ones who were vilifying her yesterday, when she spoke about State capture. She was forced in the wee hours of the last regime to withdraw Ksh15 billion from the Exchequer. We thank God because we are not speaking of her being forced by anybody in the Government today to make withdrawals from the Exchequer or approve payments that she thinks should not be approved. We are talking about her impropriety before she came into office as the Controller of Budget. Nothing touches her conduct in office.

Lastly, I was the Co-Chairman of the National Dialogue Committee. I know a matter that Dr Margaret Nyakang’o said in that Committee that has been blown out of proportion. The Leader of the Minority Party alluded to it, although with some selective amnesia of what was said in that Committee. I was chairing it. The Cabinet Secretary for the National Treasury and Economic Planning answered the question on whether there was budgeted corruption on expenditures in Dr Margaret Nyakang’o’s office. She said that there was budgeted corruption. “I can give an example of my office where I am the only public officer”. She continued to say: “I know how much I earn, but the budget allocated for my salary by the National Treasury was almost twice that amount. The National Treasury clarified that part of what was budgeted for under the Office of the Controller Budget included other entitlements like car grants and mortgages, which had not been utilised”.

The Leader of the Minority Party seems to be pushing political narratives. They have opted not to hear the explanation from the National Treasury due to selective amnesia. If corruption was budgeted for in terms of salaries and wages of only Dr Margaret Nyakang'o in the Office of the Controller of Budget, who would have benefitted from that money other than she herself? Therefore, it is a fallacy to say that somebody is budgeting for corruption in my office, yet I will be the beneficiary. Those on the Minority side have opted not to hear that for the sake of pushing political narratives. They want to run away with the claim of budgeted

corruption and a double salary without a rebuttal from the National Treasury explaining the figures.

Hon. Speaker, I beg that you do not entertain the thought of inviting this House or the Office of the Speaker to determine a matter that is squarely in the domain of the courts, which are part of another arm of Government. The courts will make an informed decision based on evidence on whether or not there was impropriety by Dr Margaret Nyakang'o before she became the Controller of Budget. We should not debate that matter because as the Leader of the Minority Party said, it is sub judice.

Lastly, nobody has said that Dr Margaret Nyakang’o is vacating office. I do not know where the Leader of the Minority Party got that from. We will follow the law to the letter in terms of how one gets into office and how one leaves office. I saw the flurry of activities yesterday, including people exciting ethnic emotions and mobilising around ethnicity. We must desist and deal with legal cases in court. Those dealing with graft cases should consult agencies that deal with graft. As leaders and parliamentarians, we should rise above the fray of political engagements when it comes to the chamber and oversee all institutions, including the Office of the Controller of Budget and the Office of the DPP.

Hon. Speaker, I plead with you to decline the invitation by the Leader of the Minority Party.

I do not want to escalate this matter.

Order, Hon. Junet. Take your seat. The Leader of the Minority Party has made some factual submissions before the House. I have read reports in the media that the Controller of Budget has been taken to court. She is a constitutional officeholder and what entails that office is public knowledge. The Leader of the Minority Party has not brought any evidence to the House to the effect that Margaret has been prevented from going to her office. It is an academic and moot matter, and we do not need to belabour it. You have quoted correct Articles of the Constitution. It is also in the public domain that the reasons for Margaret being taken to court are not related to her performance as the Controller of Budget.

Let us leave the matter there so that we do not prejudice her case. We are making it difficult for her lawyers and other lawyers who may turn up in court with the Hansard. It may complicate her defence and push her deeper into “legal waters”, which is not good.

On a point of order, Hon. Speaker.

Hon. Junet, I hope you do not want to speak on the case. I will stop you if you start discussing it.

No, Hon. Speaker. I will not discuss the case. I also want to assure you that we are not here to defend anyone. I wanted to bring out a different perspective after consulting with the Leader of the Minority Party. As a senior lawyer, you are aware that constitutional and independent offices report to this House. They do not report to the Executive or the Judiciary. We are addressing this issue in a holistic manner because Dr Margaret Nyakang'o will not be the last constitutional officeholder to be prosecuted or charged. Others will come after her.

How do we address the issue of a constitutional office holder who has been charged in court? The Leader of the Minority Party raised the issue of whether there are provisions in the Constitution for removal from office of a constitutional office holder who is being prosecuted. That is one of the major issues that he was trying to point out. The Leader of the Majority Party said that he is also a constitutional office holder, but the Constitution does not provide for his removal. It is provided for in the Standing Orders.

Hon. Junet, you are also whistling in the dark, my friend.

I had a sleepless night because of this lady. We have to look at things retrospectively. We approved her appointment as the Controller of Budget in 2019 after a thorough vetting by the Departmental Committee on Finance and National Planning. I participated in that activity. Did we not know at the time that she had a pending case? That is an indictment on us as Parliament because she came with documents from relevant organisations that deal with criminal offences such as the EACC, and the DCI. Issues are now coming up three years later where it is being claimed that she had a pending case because she stole money seven years ago.

More importantly, regarding the issue that you have been invited to, Hon. Speaker, it is true that we have no role in this matter because it is before the court. However, as the Speaker of this House, you have a constitutional mandate to defend and protect the Constitution, especially constitutional office holders.

Secondly, weighty issues were raised yesterday. There is a reason why the Office of the Controller of Budget and the Office of the Auditor-General were separated under the new Constitution. Otherwise, it should have remained as it was in the previous dispensation.

Hon. Junet, you will have to stop there.

I submit. I have said what I wanted to.

I am still at a total loss as to what you people want. Hon. Members, let us not prejudice Dr Nyakang'o's case. Secondly, if what Hon. Wandayi is alleging is true and he has evidence, the Speaker will have some locus on the matter. I currently have no locus. I have not received information that Dr Nyakang'o has been stopped from going to her office. I have only read reports in the media that she was charged and released on bail. The media is not an authority on the Floor of this House. I do not know whether she posted bail and walked away.

Hon. Wandayi, if you have any facts beyond what you have given me, I would be happy to review them. You have correctly recited Articles of the Constitution and it ends there. Those Articles do not apply to Dr Nyakango's case, until and unless a situation arises that requires my consideration. You will have to convince me that I have the locus and jurisdiction to deal with the matter. Thank you for raising the matter, but let us leave it there.

What is it, Hon. Farah Maalim?

Hon. Speaker, I appreciate the manner in which you have disposed of this matter. Ordinarily, if somebody within the civil service is taken to court on a criminal matter, that person is immediately interdicted and receives half their salary until the matter is determined. I do not think we took that into consideration when we established constitutional offices. I was in Parliament with you at the time. In view of this challenge, would you probably want to look into that? There is a bit of a constitutional crisis.

Hon. Farah, there is no such matter before me at all. So, we will not deal with it.

You should not worry about it. You cannot wail louder than the bereaved while they are quiet. Hon. Wandayi laughed it off because he knows this is part of the candour and banter of debate. Let me call the next Order.

Thank you very much, Hon. Speaker, for the candour and banter of debate.

I beg to lay the following Papers on the Table: Reports of the Auditor-General and Financial Statements for the year ended 30th June 2023 and the certificates therein in respect of:

Thank you. Next Order.

Hon. Chiforomodo.

Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order 44 (2) (c) , I wish to request a Statement from the Chairperson of the Departmental Committee on Labour regarding death of a worker at the construction site of Shimoni Fishing Port in Lungalunga Constituency, Kwale County.

Hon. Speaker, on 27th November 2023, Mr Mbwana Mohamed Mwaburu of ID No. 22693793 met his death on duty at the construction site of Shimoni Fishing Port in Kwale County. The deceased was among workers working for Southern Engineering Company Limited (SECO) which was awarded tender for construction of the Shimoni Fishing Port. It is reported that Mr Mbwana Mohamed Mwaburu and other employees were instructed by their employer to demolish a wall on the site and in the process, the wall fell on Mr Mbwana Mohamed Mwaburu causing suffocation that resulted in his death, while his colleagues sustained serious injuries.

The tragic death of Mr Mwaburu is highly attributed to negligence on the part of his employer, SECO, for not providing a safe working environment. The Third Schedule of the Work Injury Benefits Act, 2007 provides that an employee who is involved in an accident resulting in the employee’s disablement or death is subject to benefits provided under the Act. Further, Section 34 of the Act also provides that if an employee dies as a result of an injury caused by an accident, compensation shall be paid to the dependents of the employee in accordance with the provisions of the Third Schedule.

Hon. Speaker, it is against this background that I seek a Statement from the Chairperson of the Departmental Committee on Social Protection on the following–

Chairperson of the Departmental Committee on Social Protection. The Leader of Majority Party, who is the Chairperson? Is it Karemba or Alice Ng’ang’a?

Alice Ng’ang’a.

Is she in the House?

She is not.

Communicate to her to bring a Statement in response to Chiforomodo’s request on the first day sitting of next term. Next Order.

The Leader of Majority Party.

Hon. Speaker, I beg to move the following Motion:

THAT, this House resolves to exempt the business appearing as Order Nos.11, 12, 15, 16, 17, 18 and 19 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. Part of this is putting of Questions, First Readings, consideration of the Committee of the whole House on the Gambling Control Bill, the Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No.67 of 2023) and the Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No.68 of 2023) .

Hon. Speaker, considering today’s morning Sitting is meant for Private Members Bills and Motions, on Tuesday, in the House Business Committee meeting, it was resolved we do two things because of the East African Legislative Assembly (EALA) Games this Thursday. One, exempt this business to be considered this morning and two, have a Sitting on Thursday morning. This is to allow some Members to travel to Kigali on Thursday at 5.00 p.m. I am told the first batch of about 40 Members will be travelling and it may not be feasible to keep them here. Therefore, we resolved to have this Motion and Order No.9 prosecuted this morning. I beg the House to support this and request the Leader of Minority Party to second.

Wandayi.

This being a Procedural Motion, I wish to simply second.

Thank you.

Thank you, Hon. Speaker. I thank the Leaders of the Majority and Minority Parties for this Procedural Motion. You have given us a raft of those Orders. I may not know in respect of which my submissions would go, but I will just make it simple. Whereas I support all the Procedural Motions in respect of various laws, I have an issue with exempting publication of the Statute Law (Miscellaneous Amendment) Bills. This, of course, being a Procedural Motion, has a big effect in our legislative processes. It has turned out that, at least in the Committees I attend, that many of the legislations that are the focus of the Statute Law (Miscellaneous Amendments) Bills have not undertaken public participation and have not been processed properly by Committees. It is now a big issue. This is the big issue that….

Hon. Kajwang’, you may have a point and indeed you probably do, but that can be prosecuted at Order No.19.

I do not have a physical Order Paper. That is why I am confused. We have a raft of issues.

As a Member of the House Business Committee, what we are prosecuting is your decision in the Committee.

I Know, Hon. Speaker. That is why I was begging your indulgence.

Hold your horses.

If it comes to the relevant place, I will prosecute.

You will prosecute it then, but not now.

I am most obliged.

Thank you. Yes, Hon. Millie Odhiambo.

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

I may not have an issue with the Motion raised, but I just want to note as a concern that I have seen a growing trend where we keep rushing Bills. For me, that may be violating a cardinal principle of democracy which is that the majority may have their way but minority

need to have their say. Sometimes that say may be sacrificed at the altar of a technicality such as the Question being put and passed. We may not have the numbers thus lack the ability to stop it. We have been in this House with Hon. Kimani Ichung’wah for a long time. This should be the easiest Parliament. I have said it before and I would repeat it. It should be the easiest because you have the numbers. Having the numbers, however, does not mean emasculating the voices of others. Sometimes, through technicalities, you emasculate voices of others.

I would encourage, going forward, we be given time to debate substantive laws like the Statute Law (Miscellaneous Amendments) Bills that Hon. TJ Kajwang’ has mentioned. The rush where sometimes we have one Bill prosecuted from First and Second Readings, Committee of the whole House and Third Reading within two days is not proper. Very soon, Hon. Speaker, some of us may be forced to go to court to challenge the processes on the issue of that cardinal principle of having a say. You may have your way, but we need to have our say.

Thank you, Hon. Speaker.

Thank you, Hon. Millie. From the little experience I have gathered in this House, there have been very sparing moments where Bills have been, so to speak, fast- tracked. Even the fast-tracking has not curtailed debate. I encourage my Deputy Speaker and Members of the Chairpersons’ Panel to give as many Members an opportunity to be heard as they possibly can. Quite often, it is you yourselves who tell the Speaker to put the Question as you have over-ventilated on a matter and repeating yourselves. No Speaker on their own puts the Question. Try and be in the House more often than I have noticed so that whenever you want to speak, you are given the opportunity.

It will be an awkward trajectory for a Member of this House to pass a law and then rush to court to challenge it because you are also enjoined in collective responsibility when a law is passed here. That, I leave it to your conscience.

Next Order.

Leader of the Majority Party.

Hon. Speaker, I beg to move the following Procedural Motion:

THAT, pursuant to the provisions of Standing Order 30 (3) (c) , this House resolves to hold a Morning Sitting on Thursday, 7th December 2023, commencing at 9.30 a.m. for purposes of considering priority business ahead of the December recess. I have already explained the reasoning behind that by the House Business Committee, to allow Members Thursday afternoon, those who will be travelling so that we will have finished the business before us.

Allow me to move. I request the Whip of the Majority Party to second.

Hon. Osoro.

I second, Hon. Speaker.

Order Hon. Members.

Do I put the Question?

Yes.

Next Order.

Leader of the Majority Party.

Hon. Speaker, I beg to move the following Procedural Motion:

THAT, pursuant to the provisions of Standing Order 120, this House resolves to reduce the publication period of the National Government Administration Laws (Amendment) Bill (National Assembly Bill No.73 of 2023) from fourteen (14) days to twelve (12) days. We, again, resolved to reduce the publication period of this Bill by just two days, from 14 to 12 days, aware, without anticipating debate, that we will be proceeding on recess tomorrow, to allow us to publish this Bill and have it come for First Reading before we go for recess so that when committees resume their normal sittings during the recess, they will do adequate public participation when they have enough time.

I request the Deputy Leader of the Majority Party to second in agreement with this Motion.

Hon. Speaker, this being a Procedural Motion and the Leader of the Majority Party has made it very clear, I second.

Put the Question.

Next Order.

Hon. Members, I now call upon the Mover to move. Leader of the Majority Party.

Hon. Speaker, we had indeed reported. I am just moving for the Third Reading.

Hon. Speaker, I beg to move that the National Lottery Bill (National Assembly Bill No.69 of 2023) be now read a Third Time.

I request Member for Kwanza to second.

Hon. Speaker, I second.

Thank you. I wish it to be on record that the House is properly constituted in terms of numbers.

Next Order.

Next Order.

Hon. Chepkonga.

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Public Finance Management

Regulations, 2023, laid on the Table of the House on Tuesday, 5th December, 2023, and pursuant to the provisions of Section 24

(4)

of the Public Finance Management Act, 2012, approves the Public Finance Management

Regulations, 2023 published as Legal Notice No.175 of 2023. The import and the overarching rationale for the creation of this Fund is to provide for the utilisation of the idle capacity in the military hospitals that are about six across this country. We were informed that at the moment, the military runs about six hospitals - Levels 4, 5, and 6, which are under construction. The capacity in these hospitals runs at only 50 per cent. We were also informed that these military hospitals only take care of military personnel. It does not include even those people who work in the military facilities like workers in the messes or cleaners. If you fall sick, you cannot be treated in that military hospital situated in the military installation where you are. You have to be taken out for treatment.

Secondly, the general import of this regulation is to facilitate the establishment, modernisation, operation and maintenance of the Kenya Defence Forces hospital facilities. If the idle capacity is not utilised, it means that taxpayers must continue to maintain these hospitals. They can admit civilians at a fee and use the funds for modernisation. This is provided in Regulation 4. It will also enhance research and training to improve the quality of health services offered by the KDF hospitals.

The third objective and strategy of this Fund is to facilitate the purchase of modern equipment and provide drugs for the KDF hospitals. Once you open the hospitals up, you will need to provide sufficient equipment. For the information of this House, the most qualified surgeons are in the Defence Forces hospitals. As you may have heard or seen, there is a modern Level 6 hospital under construction on Waiyaki Way. It is due for completion in 2025 and has been earmarked to be a referral hospital. It will be a state-of-the-art facility that will admit anyone, including presidents within the region. You will not need to go to India or to an American hospital, like my very good friend Hon. Moses Kuria, the former Cabinet Secretary for Investments, Trade and Industry, who was taken to an American hospital in Dubai. Such cases will be treated at the Level 6 facility that is currently under construction.

This Fund, which is created under the Public Finance Management Act, will also provide funds for administration expenses such as salaries, allowances and pension for those who will be working there. There are about 19 regulations for the creation of this Fund, most of which deal with its administration and how it is going to be audited et cetera. The policy context is intended to expand and modernise the Level 4, Level 5 and Level 6 medical facilities in military installations. These hospitals are located in Nairobi, Eldoret, Lanet in Nakuru, Marsabit and other places. Opening up these facilities necessitates the establishment of the Fund for the KDF medical system.

The management of the Fund will be supervised and overseen by an advisory board that will be responsible to the Defence Council. The most important thing to note is that the CEO of this facility will solely be nominated and appointed by the Defence Council and not the sitting board. This is because the appointee will be a military person, who will be in charge of the overall management of the hospital.

Ulinzi Prime Health Services will also provide a larger and more diverse clientele to boost hands-on opportunities for learners, facilitate training in specialised facilities and further increase research opportunities for the betterment of health care under the Defence College of Health Sciences. This is a constituent college that is domiciled in the National Defence University College in Karen as well as the Level 6 research and referral hospital. As I had mentioned, the clientele will be picked as required by the rules that govern military installations.

The Regulations were published and forwarded to the National Assembly within the period required under the Statutory Instruments Act. There was a comprehensive explanatory memorandum that was submitted together with the Regulations, which we processed and we were satisfied. The Committee was also satisfied with the level of public participation, as contemplated under Articles 10 and 118 of the Constitution. It was also satisfied with the explanatory memorandum and the impact assessment statement that was provided therein. We were satisfied that all the procedural requirements under the Statutory Instruments Act were met.

With those few remarks, I beg to move and request Hon. Gichimu, the Vice-Chairman of the Committee, to second.

Thank you, Hon. Deputy Speaker. I second the Motion on the Consideration of the Public Finance Management

Regulation, 2023. I do not want to run the risk of repeating what the Chairman has ably and substantially covered on what was deliberated before the Committee and the

Report that was tabled in support of this Motion. I would like to add that this Fund, according to the Regulations, will be exclusively utilised for its purposes and objects. There will be no diversion of the usage of this Fund. The most important thing to also note is that this Fund will be solely administered by the Principal Secretary on behalf of the Board.

Looking at the various KDF facilities that are spread across the country, we established that they have a bed capacity of over 700 yet only about 50 per cent of the facilities are being utilised. The KDF felt that these facilities should also be open to usage by communities within their proximities, considering these facilities have been constructed by taxes from Kenyans. It is time that Kenyans also start benefiting from these facilities and to make sure that the new facility, which is almost complete and will have a 700-bed capacity, is available for use by the public.

These facilities will also be open to Members of Parliament and any other persons who meet the requirements as stipulated under the Regulations. Further, the Committee considered the requirements as per the Statutory Instrument Act and confirmed that the Regulations comply with all the requirements, including submission before Parliament, through the Clerk of the National Assembly, within seven days. It also conducted public participation and considered the explanatory memorandum and the regulatory impact assessment. Opening these facilities to the public is for the benefit of Kenyans. This also aligns with the Kenya Kwanza Government's Universal Health Coverage (UHC) agenda. We cannot discuss universal health coverage without fully utilising all the available facilities. We know the President, His Excellency William Ruto, is passionate about this. So, the Kenya Defence Forces (KDF) are aligning themselves with the Government's policy on UHC. Hon. Deputy Speaker, I do not want to belabour the point because this has ably been covered. I also believe that more Members may wish to contribute to this. Therefore, I beg to second.

On a point of order.

What is your point of order?

Thank you very much, Hon. Deputy Speaker. The Chairperson and the Vice-Chairperson of the Committee on Delegated Legislation have done an excellent job moving and seconding this Motion. Therefore, I am convinced that the Mover should be called upon to reply so that we can move to the next important business.

Hon. Sunkuli, what do you want to say?

Hon. Deputy Speaker, my name is on the screen. We have the right to be heard because this is a House of debate, and of all the people, I do not expect that from Hon. Murugara. We cannot have a Motion moved, seconded, proposed and voted on.

Hon. Sunkuli, I do not see your name on the screen. You have not even pressed the intervention button.

Hon. Deputy Speaker, it is clear that my name is there. I do not know why you cannot see it.

Earlier, you did not press the intervention button indicating that you wanted to speak. So, how can I give you an opportunity when you have not shown interest.?

Can I proceed?

Yes. Proceed and make your contribution.

Okay. I am a member of the Committee on Delegated Legislation. Therefore, I support what my Chairperson and the Vice-chairperson have done. The armed forces hospitals are well-equipped in many parts of the world. They offer quality healthcare and have well-founded policies. In Kenya, military hospitals are restricted to the serving military officers, their families and dependents and, to some extent, the retired soldiers.

This Motion shows the Government's intention to allow about 53 per cent of the military hospitals' capacities to civilians. This is sound because most military hospitals work on excess capacity because they do not have enough patients. Most of those military facilities are idle and yet, the public needs them. This is timely because Kenyans will now be exposed to those well-equipped and efficient facilities.

The Government can fund those hospitals by having the public pay for the services. In the end, this will also improve the hospitals. That is because the more they are in use, the more the staff will become efficient to run them.

I support.

Hon. Dido Raso, the Member for Saku.

Thank you very much, Hon. Deputy Speaker. I also thank the Mover of this Motion because this has come at the right time when we are discussing the universal healthcare in the country.

Military officers tend to be healthy until 40 to 45 years old. They join the service at a very young age of 20 and 21 years, or 23 years for cadet officers. Those officers do not use those military hospitals as often. We have about five Level 6 hospitals. We have one in Isiolo and another in Gilgil, Nakuru County. I request that the retired officers who have served this country for many years be prioritised. The second group that should be considered are senior government officials at the county and national levels. Instead of going to private hospitals like Nairobi Hospital, Aga Khan Hospital, MP Shah Hospital and others, those military hospitals can generate enough funds to help as many Kenyans as possible.

Opening up those military hospitals to the public will give military doctors, clinicians, and nurses a larger platform to practice than when they deal with the healthy population in the military service. Those hospitals must go further to employ civilian nurses, doctors and paramedics. They should open up internships and other opportunities to the public.

With those few remarks, I support. Thank you.

Hon. Atandi, the Member for Alego Usonga. There seems to be no interest in this.

Members: Put the question.

We can defer the putting of the Question. Hold on a moment! I will give one person a chance. There is only one person who is here. Hon. Catherine Omanyo? She is not there. I will give the Floor to Hon. Barrow.

Thank you, Hon. Deputy Speaker, for giving me this opportunity. I want to commend and congratulate the leadership of Kenya Defence Forces (KDF) for taking up this initiative. As a retired member of the military, I want to confirm that we have well-established hospital facilities across the country that are run by the KDF. As has been said by the Chair of the Committee on Delegated Legislation, which I am a member of, and the brief we got from the KDF and Ministry of Defence, they have six Level 6 and Level 5 hospitals across the country. One is coming up as a Level 6 Hospital and will be ready in 2025. We have been informed that those facilities operate at 50 per cent capacity.

Those facilities, when opened up to the members of the public, especially those of us who have retired from the service and have medical insurance cover by the military, can access

those facilities. Those facilities are well-equipped. They are manned by highly trained professionals in the medical sector. They are well facilitated by the military and the Kenyan Government. The use of those facilities by the public and opening them up to the public will go a long way in helping Kenyans because those facilities are established using Government funds.

With those few remarks, I support the Motion.

Mover to reply.

Thank you, Hon. Deputy Speaker. I want to thank the many speakers who have supported this Motion.

I beg to reply.

Thank you.

Hon. Members, before I move to the next Order, I wish to recognise the presence of Makueni County Kenyatta University Student Association (MAKUSA) from Makueni County who are seated in the Public Gallery.

Hon. Temporary Chairlady, I beg to move:

THAT, clause 4 of the Bill be amended in sub-clause (1) by deleting paragraph (h) and substituting therefor the following new paragraph-

Hon. Temporary Chairlady, I beg to move:

THAT the Bill be amended in Clause 5—

Hon. Temporary Chairlady, I beg to move:

THAT, the title to Part III be amended by inserting the words “OF KENYA” immediately after the words “REGULATORY AUTHORITY”.

The amendment seeks to change the name of the Authority to the Gambling Regulatory Authority of Kenya.

(Question, that the words to be inserted

be inserted, put and agreed to)

Clause 6

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 6 of the Bill be amended—

Clause 7

The Temporary Chairlady (Hon. Martha Wangari): Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 7 of the Bill be amended

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 8 of the Bill be amended

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 10 of the Bill be amended in sub-clause (1) –

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 11 and substituting therefor the following new clause Gambling operation guidelines.

No. 24 of 2019.

No. 29 of 2022.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 12 and inserting the following new clause— Powers of the Board.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 15 of the Bill be amended by deleting the words “in consultation with relevant government agencies” and substituting therefor the words “on the advice of the Salaries and Remuneration Commission.” The amendment seeks to align the provision with Article 230

(4)

of the Constitution, which provides that the Salaries and Remuneration Commission shall advise the national and county governments on the remuneration and benefits of all public officers.

(Question, that the words to be left out

be left out, put and agreed to)

Clause 16

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 16 of the Bill be amended in sub-clause

(1)

by deleting the words “in consultation with relevant government agencies” and substituting therefor the words “on the advice of the Salaries and Remuneration Commission,”. The amendment seeks to align the provision with Article 230

(4)

of the Constitution, which provides that the Salaries and Remuneration Commission shall advise the national and county governments on the remuneration and benefits of all public officers.

(Question, that the words to be left out

be left out, put and agreed to)

Clause 17

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 17 of the Bill be amended in sub-clause (2) 

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 18 of the Bill be amended by deleting the words “in consultation with the relevant Government agencies” and substituting therefor the words “on the advice of the Salaries and Remuneration Commission”. The amendment seeks to align the Bill with the provisions of Article 234 of the Constitution, which provides that the Salaries and Remuneration Commission

(SRC)

shall advise the national Government and county governments on the remuneration and benefits of public officers.

(Question, that the words to be left out

be left out, put and agreed to)

Clause 21

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 21 of the Bill be amended–

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 23 and inserting the following new clause–

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 24 of the Bill be amended in sub-clause

(2)

by inserting the word “Management” immediately after the words “Public Finance”. The amendment seeks to provide for the correct citation of the Public Finance Management

(PFM)

Act.

(Question, that the word to be inserted

be inserted, put and agreed to)

Clause 27

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 27 of the Bill be amended–

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 29 of the Bill be amended–

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 30 of the Bill be amended by deleting sub-clause

(3)

and inserting the following new sub-clause– “

(3)

A gambling licence issued under this section shall be valid for a period of twelve months from the date of issue or for such other period as may be prescribed in regulations.” The amendment seeks to ensure that the validity period of a license issued under the Bill is expressly stated in the main legislation and ,if otherwise, the regulations shall provide an invalidity period.

(Question, that the words to be left out

be left out, put and agreed to)

Clause 31

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 31 of the Bill be amended in sub-clause

(1)

by deleting the words “may be determined by the Communications Authority of Kenya from time to time” appearing in paragraph

(c)

and substituting therefor the words “prescribed by the Cabinet Secretary in consultation with the Authority and the Communications Authority of Kenya”. The amendment seeks to ensure that all license conditions are made available to the applicants in the regulations to avoid uncertainty.

(Question, that the words to be left out

be left out, put and agreed to)

Clause 32

The Temporary Chairlady (Hon. Martha Wangari): Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 32 of the Bill be amended in sub-clause

(1)

by deleting the words “attached to the” appearing in paragraph

(d)

and substituting therefor the words “prescribed in the Act and which is required for the issuance of a”. The amendment seeks to provide clarity and ensure that all license conditions shall be set out in the Act.

(Question, that the words to be left out

be left out, put and agreed to)

Clause 33

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 33 of the Bill be amended in sub-clause

(2)

by deleting the words “mutatis mutandis” and substituting therefor the words “with the necessary modifications”. The amendment seeks to provide simple language as required in the House drafting style.

(Question, that the words to be left out

be left out, put and agreed to)

Clause 35

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 35 of the Bill be amended

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting clause 36. The amendment seeks to remove the provisions on the transfer of licenses from the Bill. Instead, any entity intending to be issued with gambling license must make an application to the authority in the prescribed manner. This will ensure the deterrence of the possibility of money laundering by the gambling operators.

The Temporary Chairlady

Is this a deletion of clause 36?

Yes.

Clause 40

The Temporary Chairlady

: Mover to move in amended form.

Hon. Temporary Chairlady, I beg to move:

THAT, clause 40 of the Bill be amended in sub-clause (3) by deleting the words “not provided for under this Act” and substituting therefor the words “prescribed under section 27 (2) (r) .” I beg to move a further amendment to clause 40 by deleting sub-clause (4) .

The Temporary Chairlady

: Be certain of the amendment you want to move. You can consult.

We are deleting sub-clause 4 because it is a repetition of sub-clause 2. The justification is the regulation should provide for the applicable security bond or bank guarantee for gambling activities in accordance with the proposed amendment to clause 27

(2)

(r)

. It also provides for the deletion of sub-clause

(4)

which is necessary, since it is a repetition of sub-clause

(2)

.

The Temporary Chairlady

: Leader of the Majority Party, do you have something to say on this.

I was not certain whether the Chairperson moved the other amendment as per the Order Paper.

The Temporary Chairlady

: He moved it is as per the Order Paper with a further amendment.

Okay. The Temporary Chairlady

: Okay.

Clause 43

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, clause 43 of the Bill be amended in sub-clause

(1)

by deleting the word “by”. The justification is correction of grammatical error.

The Temporary Chairlady (Hon. Martha Wangari): Before we go to Clause 47, there was a communication by the Speaker on the withdrawal of certain clauses. That is 45 and 46. So, we will go to clause 47. Mover. Clause 47

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting clause 47 and substituting therefor the following new clause Application for a permit.

Hon. Temporary Chairlady, I beg to move: THAT, the Bill be amended by deleting clause 51.

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

Hon. Temporary Chairlady, I beg to move:

THAT, clause 53 of the Bill be amended in sub-clause

(4)

by deleting the word “above”.

Clause 54

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting clause 54 and inserting the following new clause

Conduct of a public lottery.

Hon. Temporary Chairlady, I beg to move:

THAT, clause 56 of the Bill be amended in sub-clause

(2)

by deleting paragraph

(l)

.

Clause 59

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 59 of the Bill be amended in sub-clause (2)

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 63 of the Bill be amended in sub-clause (1) by inserting the word “the” immediately after the words “in consultation with”

(Question of the amendment proposed) (Question, that the word to be inserted be inserted, put and agreed to)

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 66 and inserting the following new clause- Control of betting machines.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 67 of the Bill be amended by deleting sub-clause (4) and substituting therefor the following new sub-clause- “(4) The Cabinet Secretary shall, in consultation with the Authority, make regulations prescribing the places where gambling machines shall be placed including the distance to-

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 70 of the Bill be amended in sub-clause

(3)

by inserting the word “the” immediately after the words “prescribed under”.

Clause 71

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 71 of the Bill be amended-

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 75 of the Bill be amended in sub-clause

(7)

by inserting the following proviso- “Provided that this provision shall not apply to free bets and bonus bets conducted in the ordinary course of business”.

Clause 76

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 76 of the Bill be amended in sub-clause

(4)

by inserting the following new paragraph immediately after paragraph

(c)

- “

(ca)

cash deposits”;

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

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 77 of the Bill be amended-

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 79 of the Bill be amended-

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 80 of the Bill be amended-

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 81 of the Bill be amended in paragraph

(c)

by deleting the words “collector of taxes” and substituting therefor the word “Collector”;

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

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 82 of the Bill be amended in sub-clause

(1)

by deleting paragraph

(d)

and inserting the following new paragraph- “

(d)

meets the requirements prescribed by the Authority in regulations”.

Clause 83

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 83 of the Bill be amended by deleting the word “Committee” and substituting therefor the word “Tribunal”.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 86 of the Bill be amended by deleting sub-clause (2) and inserting the following new sub-clauses- “ (2) A person commits an offence if the person—

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 87 of the Bill be amended—

Clause 88

The Temporary Chairlady (Hon. Martha Wangari): Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting clause 88 and subsisting therefor the following new clause—

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 90 and subsisting therefor the following new clause—

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting clause 91 and inserting the following new clause—

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting clause 92 and subsisting therefor the following new clause—

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 94 of the Bill be amended—

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 95 of the Bill be amended in the opening sentence by inserting the words “who, being the” immediately after the words “A person”.

Clause 98

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, clause 98 of the Bill be amended by inserting the words “or to both” immediately after the words “term not exceeding one year”.

Clause 106

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting clause 106 and inserting the following new clause—

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 112 of the Bill be amended in the closing sentence by deleting the words ‘be liable” appearing immediately after the words “shall be liable upon conviction”.

Clause 115

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, clause 115 of the Bill be amended in sub-clause

(1)

by deleting the word “may” and substituting therefor the word “shall”.

Clause 118

The Temporary Chairlady (Hon. Martha Wangari): Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 118 of the Bill be amended

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 122 of the Bill be amended

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 123 of the Bill be amended by deleting the word “Gambling” and substituting therefor the word “Gaming.”

Clause 124

The Temporary Chairlady

: Hold on, Hon. Chairman. Hon. Kimani Kuria, I note that you have a proposed amendment. However, we will prosecute the amendment by the Hon. Chairman first and then we will come to you.

Very well. The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 124 of the Bill be amended

The amendment seeks to correct grammatical errors. It also provides that members of the former Board shall continue to serve as members of the Board of the Authority for the unexpired period of their term to ensure smooth transition. It also conforms the Bill to the House drafting style and provides correct referencing.

(Question, that the words to be left out

be left out, put and agreed to)

The Temporary Chairlady

: Before we put the global Question, the Chairman of the Departmental Committee on Finance and National Planning has a further amendment.

Kindly prosecute it.

THAT, Clause 124 of the Bill be amended by inserting the following new subsection immediately after sub-section 5-

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 126 of the Bill be amended by deleting paragraph

(a)

.

Clause 51

The Temporary Chairlady

: Before we go to the new clauses, we will prosecute Clause 51 again. It is a deletion. I would like the Mover to be clear and on record that it is a deletion.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting Clause 51. The Temporary Chairlady

: Kindly confirm from the Order Paper whether it is a deletion.

It is a deletion. The Temporary Chairlady

: That is good.

New Clause 16A

THAT, the Bill be amended by inserting the following new clause immediately after Clause 16

Removal of the Director-General. 16A. (1) The Director-General may be removed from office by the Board in accordance with the terms and conditions of service for—

Hon. Temporary Chairlady, I beg to move that the new Clause 16A be now read a Second Time.

Second Schedule

The Temporary Chairlady

: Mover. This one has a proposed amendment.

Hon. Temporary Chairlady, I beg to move:

THAT, the Bill be amended by deleting the Second Schedule.

Clause 2

The Temporary Chairlady

: Mover.

Hon. Temporary Chairlady, I beg to move:

THAT, Clause 2 of the Bill be amended—

Hon. Temporary Chairlady, I beg to move:

THAT, the Long Title be amended by inserting the words, “of Kenya” immediately after the words “Gambling Regulatory Authority”.

The Temporary Chairlady

: Hon. Members, we have concluded consideration of the Bill.

Mover, please move reporting.

Hon. Temporary Chairlady, I beg to move that the House reports its consideration of the Gambling Control Bill (National Assembly Bill No.70 of 2023) and its approval thereof with amendments.

Hon. Temporary Chairlady, report to the House.

Hon. Temporary Speaker, I beg to report that a Committee of the whole House has considered the Gambling Control Bill (National Assembly Bill No.70 of 2023) 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. Caroli Omondi to second the Motion for agreement with the Report of the Committee of the whole House.

Hon. Caroli Omondi.

Hon. Temporary Speaker, I second.

Hon. Temporary Speaker, I beg to move that the Gambling Control Bill (National Assembly Bill No.70 of 2023) be now read a Third Time.

I request Hon. Catherine Omanyo to second.

Hon. Temporary Speaker, I second.

Leader of the Majority Party, please proceed.

Hon. Temporary Speaker, I seek your indulgence under Standing Order 53 that for obvious reasons, we defer the last bit of the Third Reading to the afternoon sitting.

Your request is acceded to.

Second Reading

Hon. Temporary Speaker, I beg to move that the Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No.68 of 2023) be now read a Second Time.

The Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No.68 of 2023) seeks to amend various statutes like the Oaths and Statutory Declarations Act, the Advocates Act, the Notaries Public Act, the Civil Procedure Act, the Public Holidays Act,

the Trustees Perpetual Succession Act, the Industrial Training Act, the Traffic Act, the Sexual Offences Act, the Employment Act, the Veterinary Surgeons and Veterinary Para- Professionals Act, parts of the Public Finance Management Act of 2012, the Universities Act, the Office of the Attorney-General Act of 2023, the Civil Aviation Act, the Value Added Tax Act and the Privatisation Act.

As is the case with other such Statute Law (Miscellaneous Amendment) Bills, this Bill seeks to amend various proposals in all the Acts that I have mentioned. Most of them are not substantive amendments, therefore, they qualify to be included in such a Miscellaneous Amendments Bill.

Hon. Temporary Speaker, part of the amendments to the Public Holidays Act seeks to delete the provision of Utamaduni Day as a public holiday. As you will remember, this holiday was once called Moi Day. Later, it was renamed Huduma Day and eventually, Utamaduni Day. This Bill seeks to amend the Public Holidays Act to delete the provision of having 10th October as a public holiday. However, there are further proposals.

As you will remember, recently, the Ministry of Interior and Coordination of National Government gazetted another public holiday and Kenyans utilised it to plant trees. Therefore, during the Committee of the whole House, we seek to further amend the Act so that instead of deleting this holiday, we rename it. We can maintain the name Utamaduni and have the day designated to planting of trees so that Kenyans can have a day set aside for planting trees. When we get to the Committee of the whole House, I will propose amendments to maintain the day as a public holiday but have it themed around climate change, its mitigation and environmental protection. Kenyans will have opportunity to use this day like the holiday we had last month to plant trees.

This Bill also seeks to amend the Oaths and Statutory Declaration Act, to provide that an advocate appointed as a Commissioner of Oaths and assigned the role of Chief Registrar of the Judiciary, the Registrar or Deputy Registrar of a superior court or subordinate court, to administer an oath, affirmation or take an affidavit of Statutory Declaration under the Act. Further, the Bill also proposes to amend the Advocates Act (Cap 16) by providing that the Registrar responsible for keeping the roll of advocates shall be the Chief Registrar of the Judiciary.

The Bill further proposes to amend the Act to provide that the Council of the Law Society Kenya (LSK) may with the approval of the Chief Justice make rules for admission of advocates. As Members know, LSK is a professional organisation of lawyers. It has a critical role to play in determining how lawyers are admitted to join the roll of advocates. Therefore, this Bill is giving the Council powers, that with the approval of the Chief Justice, they may make rules for the admission of advocates. The Bill seeks to amend the Civil Procedures Act, to provide that the members nominated by LSK and appointed by the Chief Justice shall be three advocates and not eight as currently nominated from each of the LSK branches.

The Bill also seeks to amend the Industrial Training Act to provide the date for remittance of the training levy. It shall be the 9th day of the month and not the 15th day. This is in order to harmonise with the period within which Pay-As-You-Earn (PAYE) is remitted to the Kenya Revenue Authority (KRA). Principally, the current Industrial Training Act gives the last day of payment as the 15th day of the month. Many corporate organisations including public entities that collect the Industrial Training Levy do not remit the money on time.

In many circumstances, people pay PAYE, National Social Security Fund (NSSF), National Health Insurance Fund (NHIF) but this is pushed to mid-month. So, other pressure weighs on businesses and people tend to delay making payments. We want to align the payment of the Industrial Training Levy to that of PAYE because this money is deducted from employees. The moment you deduct their taxes and levy, as you remit PAYE to KRA, you also remit this money to the National Industrial Training Authority (NITA). This institute plays a

critical role in training our workforce and ensuring that we have a well-trained labour force that can serve the people of Kenya.

The Bill proposes to amend the Sexual Offences Act, 2006 to provide that a register of convicted sexual offenders shall be kept and maintained by the Chief Registrar of the Judiciary and not the Registrar of the High Court. After the passage of the Sexual Offences Act, there was a requirement to have a register of all sexual offenders convicted. Previously, it was kept by the Registrar of the High Court. Now it is being elevated to be kept by the Chief Registrar of the Judiciary.

The reason being, there are people convicted by a lower court then they appeal all the way to the Supreme Court or Court of Appeal. Their record remains as convicts of sexual offenders while at some point, the conviction was discharged by the Court of Appeal, High Court or Supreme Court. With this register being kept at the apex court by the Chief Registrar of the Judiciary, there will be a clean record of convicted sexual offenders. We will not have a situation where someone has appealed, was released and his records continues to indicate he is still a sexual offender.

The Bill proposes to amend the Universities Act of 2012 to provide for the declaration of technical universities under Section 25(1) of the Act, in respect to public institutions that were national polytechnics. It also proposes to amend Section 56(1). Before I go to that, there are former national polytechnics which have been converted to public universities. This amendment relates to such universities like the Technical University of Kenya (TUK) which was Kenya Polytechnic here in Nairobi. Also, the Technical University of Mombasa (TUM) which was Mombasa Polytechnic. So, we are amending the Universities Act for the declaration of these technical universities under Section 25(1) in respect of public institutions such as TUK and TUM, now that they are listed as technical universities.

There is also a proposal to amend Section 56(1) to provide that the placement board shall be responsible of placing all students rather than only government sponsored students in universities and colleges. This proposal was published in the Executive Bill. I will be moving an amendment to it because the Kenya Universities and Colleges Central Placement Services (KUCCPS) is charged with the responsibility of placing students in public universities. Therefore, there is no justification to have them placing students in private universities because they have their own ways of enlisting students. So, they do not need KUCCPS to place students for them.

Since we have less than a minute to go, I will end there. I ask the Deputy Leader of the Majority Party to second when the House next sits since it is already 1.00 p.m.

Hon. Temporary Speaker, I beg to move.

Is he going ahead to second the Bill? Time is up, he can second next time. The Mover has already moved. So, let him second later.

Published by Clerk of the National Assembly Parliament Buildings Nairobi