Order Paper For Wednesday 4th December 2024 - Afternoon Sitting

Thirteenth Parliament

Third Session Afternoon Sitting

(No. 118)

(3453)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, DECEMBER 4, 2024 AT 2.30 P.M.

ORDER OF BUSINESS

PRAYERS

1. Administration of Oath 2. Communication from the Chair 3. Messages 4. Petitions 5. Papers 6. Notices of Motion 7. Questions and Statements

1. 8*. PROCEDURAL MOTION –

EXEMPTION OF BUSINESS FROM THE

PROVISIONS OF STANDING ORDER

141(2)

(The Leader of the Majority Party)

THAT, noting that this House will be proceeding for a long recess from Friday, 6th December 2024 to Monday, 10th February 2025 in accordance with its Calendar; taking cognizance of the implications of the provisions of Standing Order 141(2) on specified Bills pending at the Second Reading stage of consideration in the House; now therefore, pursuant to the provisions of Standing Order 256 (Exemption of Business from the Standing Orders), this House resolves to exempt the following Bills from the provisions of Standing Order 141(2) (Lapse and Re introduction of Bills) during the period of the Third and the Fourth Sessions— (1) The Political Parties (Amendment) Bill, 2022; (2) The Fisheries Management and Development Bill, 2023; (3) The Meteorology Bill, 2023; (4) The Universities (Amendment) Bill, 2023; (5) The Preservation of Public Security (Amendment) Bill, 2023; (6) The Appellate Jurisdiction (Amendment) Bill, 2023; (7) The Penal Code (Amendment) Bill, 2023; (8) The Legal Aid (Amendment) Bill, 2023; …...……/8*(Cont’d)

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3454)

(9) The Prisons (Amendment) Bill, 2023; (10) The Mining (Amendment) Bill, 2023; (11) The Cancer Prevention and Control (Amendment) Bill, 2023; (12) The Kenya Roads (Amendment) Bill, 2023; (13) The National Transport and Safety Authority (Amendment) Bill, 2023; (14) The Anti-Corruption and Economic Crimes (Amendment) (No. 2) Bill, 2023; (15) The Gold Processing Bill, 2023; (16) The Basic Education (Amendment) Bill, 2023; (17) The Employment (Amendment) Bill, 2023; (18) The Universities (Amendment) (No. 3) Bill, 2023; and, (19) The Institute of Social Work Professionals Bill, 2023.

1. 9*. COMMITTEE OF THE WHOLE HOUSE

(i) The Business Laws (Amendment) Bill (National Assembly Bill No. 49 of 2024)

(The Leader of the Majority Party) (If not concluded on Wednesday, December 4, 2024 – Morning Sitting) (ii) The Tax Procedures (Amendment) (No. 2) Bill (National Assembly Bill No. 46 of 2024)

(The Leader of the Majority Party) (If not concluded on Wednesday, December 4, 2024 – Morning Sitting) (iii) The Tax Laws (Amendment) Bill (National Assembly Bill No. 47 of 2024)

(The Leader of the Majority Party) (If not concluded on Wednesday, December 4, 2024 – Morning Sitting)

1. 10*. SPECIAL MOTION – CONSIDERATION

OF

NOMINEES

FOR

APPOINTMENT TO THE SALARIES AND

REMUNERATION COMMISSION

(The Chairperson, Departmental Committee on Labour)

THAT, taking into consideration the findings of the Departmental Committee on Labour in its Report on the vetting of nominees for appointment as Chairperson and as Members of the Salaries and Remuneration Commission, laid on the Table of the House on Tuesday, 26th November 2024, and pursuant to Article 230 of the Constitution and sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, CAP 7F, this House approves the appointment of the following persons to the Salaries and Remuneration Commission–

…...……/10*(Cont’d)

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3455)

(i) Mr. Sammy Chepkwony - Chairperson; (ii) Maj. Gen. (Rtd) Martin Kizito Ong’onyi, CBS - Member, nominated by the Defence Council; (iii) Mr. Mohamed Aden Abdi - Member, nominated by the Senate on behalf of County Governments; (iv) Ms. Jane Gatakaa Njage - Member, nominated by the Teachers Service Commission; (v) Dr. Gilda Odera - Member, nominated by the Federation of Kenya Employers (FKE);

(vi) Dr. Geoffrey Apollo Omondi - Member, nominated by the Central Organization of Trade Union (COTU); and (vii) Mr. Leonid Ashindu - Member, nominated by the Association of Professional Societies in East Africa

(APSEA).

1. 11*. MOTION –

ALLEGED UNFAIR TRADE PRACTICES BY FOREIGN

INVESTORS IN KENYA

(The Chairperson, Departmental Committee on Trade, Industry and Cooperatives)

THAT, this House adopts the Report of the Departmental Committee on Trade, Industry and Cooperatives on the Inquiry into Alleged Unfair Trade Practices by Foreign Investors in Kenya, laid on the Table of the House on Thursday, 7th March 2024. (Resumption of debate interrupted on Monday, December 2, 2024) (Balance of time – 2 hours)

1. 12*. MOTION – CONSIDERATION OF REPORTS ON FINANCIAL

STATEMENTS OF STATE CORPORATIONS (NYANZA

REGION)

(The Chairperson, Public Investments Committee on Governance and Education)

THAT, this House adopts the Report of the Public Investments Committee on Governance and Education on its Examination of the Reports of the Auditor-General on the Financial Statements of State Corporations (Nyanza Region) for the financial year 2018/2019, 2019/2020 and 2020/2021, laid on the Table of the House on Thursday, 25th July 2024 subject to— (a) deletion of paragraph 212 appearing on page 41 of the report and substituting therefor the following new paragraph – …...……/12*(Cont’d)

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3456) “The Committee recommends that the irregular cash payments made for the casual works done amounting to Kshs. 2,308,996 be surcharged to the Governing Council of Kisumu National Polytechnic. The amount is to be paid within six months after the adoption of this report by the House; (b) deletion of paragraph 216 appearing on page 41 of the report and substituting therefor the following new paragraph – “The Committee recommends that the long outstanding imprest of Kshs. 37,800 be written off from the institution’s books of accounts since no money was lost; it was as a result of demise of the employee”; and, (c) effecting the consequential amendments in the report." (Resumption of debate interrupted on Wednesday, November 6, 2024 – Afternoon Sitting)

1. 13*. THE EQUALISATION FUND (ADMINISTRATION) BILL (SENATE

BILL NO. 14 OF 2023)

(The Chairperson, Departmental Committee on Finance and National Planning)

Second Reading

1. 14*. MOTION – THIRD REPORT ON CONSIDERATION OF THE

AUDITED

ACCOUNTS

OF

SPECIFIED

STATE

CORPORATIONS

(The Chairperson, Public Investments Committee on Social Services, Administration and Agriculture)

THAT, this House adopts the Third Report of the Public Investments Committee on Social Services, Administration and Agriculture on its consideration of the Report of the Auditor-General on the Financial Statements of the following State Corporations, laid on the Table of the House on Tuesday, 30th July 2024— (i) Kenyatta National Hospital, FY 2018/2019 and 2019/2020; (ii) Kenya Medical Supplies Authority, FY 2017/2018 and 2018/2019; (iii) Kenya Veterinary Board, FY 2018/2019, 2019/2022 and 2020/2021; (iv) National Authority for the Campaign against Alcohol and Drug Abuse, FY 2017/2018, 2018/2019, 2019/2020 and 2020/2021; and (v) Kenya Broadcasting Corporation, FY 2000/2001, 2001/2002, 2002/2003, 2003/2004, 2004/2005, 2005/2006, 2006/2007, 2007/2008, 2008/2009, 2009/2010, 2010/2011, 2011/2012 and 2012/2013.

…...……/15*

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3457)

1. 15*. THE POLITICAL PARTIES (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 35 OF 2022)

(The Vice Chairperson, Procedure and House Rules Committee)

Second Reading

1. 16*. THE UNIVERSITIES (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 38 OF 2023)

(The Chairperson, Public Investments Committee on Governance and Education) Second Reading

1. 17*. MOTION – REPORT OF THE EXTRAORDINARY SESSION OF THE

SIXTH PAN-AFRICAN PARLIAMENT (PAP)

(Member of the Pan-African Parliament)

THAT, this House notes the Report of the Kenya Delegation to the Extraordinary Session of the Sixth Parliament of the Pan-African Parliament, held in Midrand, South Africa, from 20th to 27th March 2024, laid on the Table of the House on Thursday, 2nd May 2024.

1. 18*. MOTION – REPORT ON THE PERFORMANCE AUDIT REPORT

ON THE PROVISION OF SERVICES TO PERSONS WITH

DISABILITIES BY THE NATIONAL COUNCIL FOR

PERSONS WITH DISABILITIES

(The Chairperson, Public Investments Committee on Social Services, Administration and Agriculture)

THAT, this House adopts the Report of the Public Investments Committee on Social Services, Administration and Agriculture on its consideration of the Performance Audit Report by the Auditor-General on the Provision of Services to Persons with Disabilities by the National Council for Persons with Disabilities, laid on the Table of the House on Tuesday, 30th July 2024.

*Denotes Orders of the Day*

…......./Notices*

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3458)

N O T I C E S

I. THE BUSINESS LAWS (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 49 OF 2024)

1) Notice is given that the Chairperson of the Departmental Committee on Finance and National Planning intends to move the following amendments to the Business Laws (Amendment) Bill, 2024 at the Committee Stage—

CLAUSE 3

THAT, the Bill be amended by deleting clause 3 and substituting therefor the following new clause— Amendment of the Second Schedule to Cap. 488.

1. 3. The Second Schedule to the Banking Act is amended—

(a) by deleting paragraph (d) and substituting therefor the following new paragraph— “(d) a core capital of at least ten billion Kenya shillings in the case of a bank or a mortgage finance company: Provided that the provisions of this paragraph shall apply in accordance with the following table—

Compliance Date

Minimum Core Capital, Banks and Mortgage Finance Companies (Kshs. Billion)

December 31, 2024 1.0

December 31, 2025 3.0

December 31, 2026 4.0

December 31, 2027 5.0

December 31, 2028 6.0

December 31, 2029 7.0

December 31, 2030 8.0

December 31, 2031 9.0

December 31, 2032 10.0

(b) by deleting paragraph (e) and substituting therefor the following new paragraph— “(e) a core capital of at least two hundred million Kenya shillings in the case of a financial institution.”

Minimum Core Capital

Compliance date Financial Institutions (Kshs. Millions)

December 31, 1999 150.00

December 31, 2000 187.50

December 31, 2001 225.00

December 31, 2002 262.50

December 31, 2003 300.00

December 31, 2004 337.50

December31, 2005 375.00

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3459)

CLAUSE 4

THAT, Clause 4 of the Bill be amended— (a) in paragraph (b) in the definition of “non-deposit taking credit business”— (i) by deleting paragraph (a) and substituting therefor the following new paragraph— “(a) granting of loans or credit facilities, whether or not digitally to members of the public or a section of it, with or without interest and either secured or unsecured on the goods or assets purchased;” (ii) by inserting the following provisio immediately after paragraph (f)— “Provided that this does not include any credit arrangements involving the provision of credit by a person that is merely incidental to the sale of goods or provision of services by the person.” (b) in paragraph (b) by inserting the word “credit” immediately after the word “taking” in the definition of the term “credit provider”.

CLAUSE 5

THAT, clause 5 of the Bill be amended by— (a) inserting the words “of Kenya” immediately after the words “Central Bank in the opening statement”; (b) deleting paragraph (c) and substituting therefor the following new paragraph— “(c) in paragraph (h), by— (i) deleting the word “digital” appearing before the word “credit” in subparagraph (vii) and substituting therefor the words “non-deposit taking”; and (ii) inserting the following new subparagraph immediately after subparagraph (viii)— (viiia) credit guarantee companies;

CLAUSE 6

THAT, clause 6 of the Bill be amended by inserting the words “of Kenya” immediately after the words “Central Bank”.

CLAUSE 7

THAT, clause 7 of the Bill be amended ― (a) by inserting the words “of Kenya” immediately after the words “Central Bank” in the opening statement; (b) in the proposed section 33R, by deleting the expression “ section 4A(da)” and substituting therefor the following new expression “ section 4A(1) (da)” appearing in the opening statement.

CLAUSE 8

THAT, clause 8 of the Bill be amended by inserting the words “of Kenya” immediately after the words “Central Bank”.

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3460)

CLAUSE 9

THAT, clause 9 of the Bill be amended in the proposed new section 33X— (i) in subsection (2), by inserting the following new paragraph after paragraph (c)—

Cap. 488. “(d) is a bank providing credit guarantee as part of its regular banking business regulated by the Banking Act.” (ii) in subsection (4), by inserting the words “without a licence” immediately after the word “business”.

CLAUSE 10

THAT, clause 10 of the Bill be amended by inserting the words “of Kenya” immediately after the words “Central Bank”.

CLAUSE 11

THAT, clause 11 of the Bill be amended— (a) in the opening statement by deleting the expression “57(3)” and substituting therefor the expression “57”; (b) in paragraph (h) by deleting the expression “in subsection (1),” appearing immediately before the words “by inserting” and substituting therefor the expression “in subsection (3)”; (c) by renumbering paragraph (h) as paragraph (a); (d) by renumbering paragraph (i) as paragraph (b); (e) by renumbering paragraph (j) as paragraph (c).

CLAUSE 12

THAT, clause 12 of the Bill be amended by inserting the words “of Kenya” immediately after the words “Central Bank”.

CLAUSE 13

THAT, clause 13 of the Bill be amended in paragraph (c), by deleting the definition of “moveable security”

CLAUSE 15

THAT, clause 15 of the Bill be amended in the proposed new section 4A, by deleting the word “finance” appearing immediately after the words “deposit taking” and substituting therefor the word “finance” appearing in paragraph (a).

CLAUSE 19

THAT, clause 19 of the Bill be amended in the proposed new section 53 by— (a) inserting the words “ and recovery” immediately after the word “lending” appearing in paragraph (a); (b) by inserting the following new section immediately after subsection (2)— “(2A) A non-deposit taking microfinance business shall comply with the requirements of Article 31 of the Constitution and the Data Protection Act in lending loans and recovery of debts.”

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3461) 2) Notice is given that the Chairperson of the Departmental Committee on Trade, Industry and Cooperatives intends to move the following amendments to the Business Laws (Amendment) Bill, 2024 at the Committee Stage—

CLAUSE 20

THAT, the Bill be amended by deleting clause 20.

CLAUSE 21

THAT, the Bill be amended by deleting clause 21.

CLAUSE 23

THAT, clause 23 of the Bill be amended by — (a) inserting the following new provision immediately after the proposed new section 12(1) — (1A) A person who imports, stocks, distributes, sells or exhibits a product shall not place on the market or put into service any product that is not sold freely or conforms to applicable regulatory requirements in the country of origin.

(b) inserting the following new provisions immediately after the proposed new sub section (4)— (5) Pursuant to subsection 4, the Bureau may issue an order to a manufacturer or business operator to — (a) prescribe specific conditions for the marketing of the product; (b) inform consumers of the risks in a clear and efficient manner; (c) mark the product with appropriate warning on the risks presented; (d) remove the product from listing in online sales platforms; (e) destroy the product; (f) stop the supply and distribution of the product, (g) take any other measures consistent with this Act to eliminate risk to consumers and the public. (6) The Cabinet Secretary may make regulations for the better carrying into effect of the provisions of this section.

CLAUSE 24

THAT, clause 24 of the Bill be amended — (a) in the proposed new section 12A by— (i) inserting the words “be accredited by the Kenya Accreditation Service to” immediately after the word “shall” appearing in the opening statement of the proposed new subsection (1); (ii) deleting the proposed new subsection (3)

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3462) (b) in the proposed new section 12B — (i) by inserting the words “be accredited by the Kenya Accreditation Service to” immediately after the word “shall” in the opening statement of the proposed new subsection (1) ; (ii) by inserting the words “accredited under the relevant Act” immediately after the word “bodies” in the proposed new subsection (3) (c) in the proposed new section 12C by— (i) deleting the words “notice in the Gazette, designate” appearing in the proposed new subsection (2) and substituting therefor the words “make regulations designating” (ii) deleting the words “The notice under subsection (2) may also” appearing in proposed new subsection (3) and substituting therefor the words “Without prejudice to the generality of subsection (2), the Regulations may”

CLAUSE 25

THAT, the Bill be amended by deleting clause 25.

CLAUSE 26

THAT, clause 26 of the Bill be amended in the proposed new section 10A— (a) by renumbering the existing provision as subsection (1); (b) by deleting the word “foreign” appearing immediately after the word “every”; (c) by inserting the following new subsections immediately after the proposed new subsection (1) — (2) A conformity assessment body established in Kenya and that seeks to be accredited by a foreign accreditation body shall obtain an exemption from the Service in the prescribed manner and upon payment of a prescribed fee. (3) A foreign conformity assessment body operating in Kenya that is accredited by a foreign accreditation body shall obtain an exemption from accreditation by the Service in the prescribed manner and upon payment of a prescribed fee (4) A conformity assessment body operating in Kenya that is accredited by a foreign accreditation body shall, within three months of the commencement of this Act, apply to the Service for accreditation or exemption as the case may be.

CLAUSE 27

THAT, the Bill be amended by deleting clause 27.

CLAUSE 28

THAT, clause 28(c) of the Bill be amended by — (a) deleting the word “representing” appearing in the proposed amendment to paragraph (f) and substituting therefor the words “appointed by the Cabinet Secretary to represent”;

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3463) (b) inserting the following new paragraph immediately after paragraph (c) — (d) by inserting the following new subsection immediately after subsection (3) — “(4) A person who immediately before the commencement of this Act was appointed as a member of the Council under subsection (1) (f) shall continue to hold office for the unexpired remainder of the term of office.”

CLAUSE 30

THAT, the Bill be amended by deleting clause 30 and substituting therefor the following new provision— “30. Section 4 of the Special Economic Zones Act is amended by inserting the following new subsection immediately after subsection 5— “(5A) The Cabinet Secretary shall, on the recommendation of the Authority, set the minimum investment amount to be invested in an area declared as a special economic zone.”

CLAUSE 32

THAT, clause 32(d) of the Bill be amended in the proposed amendments to paragraph (m) by inserting the words “recommend to the Cabinet Secretary to” immediately before the word “suspend”

CLAUSE 35

THAT, clause 35 (c) of the Bill be amended by deleting the proposed new subsection (4) and substituting therefor the following— “(4) A special economic zone developer or a special economic zone operator who fails to maintain adequate and proper accounts and other records as required by this section commits an offence and is liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding six months, or both.”

CLAUSE 36

THAT, clause 36 of the Bill be amended by deleting the proposed new subsection (5) and substituting therefor the following — “(5) The incentives and tax benefits granted to a licensed special economic zone developer, operator or enterprise under this Act or any other written law shall apply for a period of ten years from the date of issuance of the licence, notwithstanding any changes in this Act or any other written law.”

CLAUSE 37

THAT, clause 37 of the Bill be amended by— (a) deleting the proposed new paragraph (ha) and substituting therefor the following — “(ha) facilitate patents, industrial designs and utility models rights holders to commercially exploit any invention or innovation which the Institute deems fit or incidental to the achievement of its objects and performance of its functions, subject to the terms approved by the Board.” (b) deleting the proposed new paragraph (hb)

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3464)

CLAUSE 38

THAT, clause 38 of the Bill be amended— (a) in the proposed new sub section (1) by deleting paragraph (a) and substituting therefor the following— “(a) levy nominal fees for its services as may be prescribed in Regulations; and” (b) deleting the proposed new sub section (2) and substituting therefor the following— “(2) The Cabinet Secretary may make regulations for the better carrying out of this section, including provisions on— (a) prescribed fees payable to the Agency for its services; (b) reduction of fees or exemption from payment of fees; (c) conditions for reduction of fees or exemption from payment of fees.” 3) Notice is given that the Member for Suba South (Hon. Caroli Omondi) intends to move the following amendments to the Business Laws (Amendment) Bill, 2024, at the Committee—

CLAUSE 3

THAT, the Bill be amended by deleting Clause 3 and substituting therefor the following new clause — Amendment of the Second Schedule to Cap. 488.

1. 3. The Second Schedule to the Banking Act is amended by

deleting paragraph (d) and substituting therefor the following new paragraph —

(d) a core capital of at least one billion Kenya shillings in the case of a bank or mortgage finance company by December 31, 2027. (Subject to Article 114 of the Constitution)

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3465)

THE TAX PROCEDURES (AMENDMENT) (NO. 2)

BILL (NATIONAL ASSEMBLY BILL NO. 46 OF

2024) 1) Notice is given that the Chairperson of the Departmental Committee on Finance and National Planning intends to move the following amendments to the Tax Procedures (Amendment) (No. 2) Bill, 2024 at the Committee Stage—

CLAUSE 2

THAT, Clause 2 of the Bill be amended in paragraph (b), by deleting the words “whose turnover does not exceed one million” and substituting therefor the words “whose annual turnover does not exceed five million”.

CLAUSE 3

THAT, Clause 3 of the Bill be amended in the proposed section 37E— (a) in subsection (1), by deleting the expression “31st December 2022” and substituting therefor the expression “31st December 2023”; (b) in subsection (2), by deleting the expression “31st December 2022” and substituting therefor the expression “31st December 2023”; (c) in subsection (3) by deleting the expression “31st December 2022” and substituting therefor the expression “31st December 2023” appearing in paragraph (a); and (d) in subsection (4), by deleting the expression “31st December 2022” and substituting therefor the expression “31st December 2023”.

CLAUSE 5

THAT, Clause 5 of the Bill be amended— (a) by deleting paragraph (a) and substituting therefor the following new paragraph — (a) in subsection (1), by deleting the words “and registered manufacturers whose value of investment in the preceding three years from the 1st July, 2022 is at least three billion.” (b) in paragraph (b), by deleting the words “fifth working day after the deduction was made” appearing in the proposed new subsection (4C) (b) and substituting therefore the words “fifth day of the following month”.

CLAUSE 6

THAT, Clause 6 of the Bill be amended by deleting the word “six” and substituting therefor the word “twelve” appearing in the proposed new subsection (1) (b) (ii).

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3466)

CLAUSE 7

THAT, Clause 7 of the Bill be amended— (a) in paragraph (a), by inserting the following new subsection immediately after subsection (1A)- “(1Aa) The Commissioner shall not require a person to integrate or share data relating to— (a) trade secrets; (b) private or personal data held on behalf of customers or collected in the course of business; and (c) in the case of multinational companies, information relating to the parent company.” (b) in paragraph (b)— (a) in the proposed new subsection (5), by deleting the words “five hundred” and substituting therefor the words “one hundred”; and (b) in the proposed new subsection (6), by deleting the words “five hundred” and substituting therefor the words “one hundred”. 2) Notice is given that the Member for Suba South (Hon. Caroli Omondi) intends to move the following amendments to the Tax Procedures (Amendment) (No. 2) Bill, 2024 at the Committee Stage—

CLAUSE 4

THAT, the Bill be amended by deleting Clause 4 and substituting therefor the following new clause — Insertion of new section into Cap. 469B.

1. 4. The principal Act is amended by inserting the following new

section immediately after section 37E—

Relief because of doubt or difficulty in recovery of tax. 37F. (1) This section applies where the Commissioner determines that —

(a) it may be impossible to recover an unpaid tax;

(b) there is undue difficulty or expense in the recovery of an unpaid tax;

(c) there is hardship or inequity in relation to the recovery of an unpaid tax; or

(d) there is any other reason occasioning inability to recover the unpaid tax.

(2) The Commissioner shall on or before the 30th of June in each financial year submit a list of persons and amount of taxes that are in doubt or difficult to recover to the Cabinet Secretary.

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3467)

(3) The Cabinet Secretary shall publish the list in the Kenya Gazette and transmit the Gazette Notice to the National Assembly for tabling within six sitting days from the date of publication.

(4) The relevant Committee of the National Assembly shall consider the Gazette Notice and make a report to the National Assembly on whether the Commissioner may refrain from assessing or recovering an unpaid tax.

(5) The Commissioner may only proceed in accordance with the recommendations of the National Assembly.

(6) The Commissioner shall report to the Auditor-General any abandoned taxes approved by the National Assembly within fourteen days of such approval and the reasons thereof.

(7) The Auditor-General shall maintain a public register of all such abandoned taxes. (Subject to Article 114 of the Constitution) 3) Notice is given that the Member for Gatanga (Hon. Wakili Muriu) intends to move the following amendments to the Tax Procedures (Amendment) (No. 2) Bill, 2024 at the Committee Stage—

CLAUSE 2

THAT, clause 2 be amended by deleting paragraph (b). (Subject to Article 114 of the Constitution) 4) Notice is given that the Member for Mukurweini (Hon. John Kaguchia) intends to move the following amendments to the Tax Procedures (Amendment) (No. 2) Bill, 2024 at the Committee Stage—

CLAUSE 4

THAT, the Bill be amended by deleting clause 4. (Subject to Article 114 of the Constitution)

........../Notices*(Cont’d)

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3468)

LIMITATION OF DEBATE

The House resolved on Wednesday, February 14, 2024 as follows—

Limitation of Debate on Motions

II.

THAT, each speech in a debate on any Motion, including a Special motion be limited in the following manner: A maximum of three hours with not more than twenty (20) minutes for the Mover and ten (10) minutes for each other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each, and that ten (10) minutes before the expiry of the time, the Mover be called upon to reply; and that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order.

Limitation of Debate on Bills sponsored by Parties or Committees

III.

THAT, each speech in a debate on Bills sponsored by a Committee, the Leader of the Majority Party or the Leader of the Minority Party be limited as follows: A maximum of forty five (45) minutes for the Mover, in moving and fifteen minutes (15) in replying, a maximum of thirty (30) minutes for the Chairperson of the relevant Committee (if the Bill is not sponsored by the relevant Committee), and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen minutes (15) each (if the Bill is not sponsored by either of them); and that priority in speaking shall be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order.

Limitation of Debate on Other Committee Reports

IV.

THAT, each speech in a debate on Other Committee Reports, including a Report of a Joint Committee of the Houses of Parliament or any other Report submitted to the House for which limitation of time has not been specified, be limited as follows:- A maximum of two and a half hours, with not more than twenty (20) minutes for the Mover in moving and five (5) minutes for any other Member speaking, including the Leader of the Majority Party and the Leader of the Minority Party and the Chairperson of the relevant Committee (if the Committee Report is not moved by the Chairperson of the relevant Committee), and that ten (10) minutes before the expiry of the time, the Mover be called upon to reply; and further that priority in speaking shall be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

........../Notices*(Cont’d)

(No. 118)

WEDNESDAY, DECEMBER 4, 2024

(3469)

Limitation of Debate on Audit Committee Reports V. THAT, each speech in debate on Reports of Audit Committees be limited as follows: A maximum of sixty (60) minutes for the Mover in moving and thirty (30) minutes in replying, and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each; and that priority be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

……......./Notice Paper I*

NOTICE PAPER I

Tentative business for

Thursday (Morning), December 5, 2024 (Published pursuant to Standing Order 38(1))

It is notified that the following business is tentatively scheduled to appear in the Order Paper for Thursday (Morning), December 5, 2024 –

A. MOTION – REDUCTION

OF

PUBLICATION

PERIOD OF

A

SPECIFIED BILL

(The Leader of the Majority Party)

B. THE KENYA INSTITUTE OF PRIMATE RESEARCH BILL (NATIONAL

ASSEMBLY BILL NO. 52 OF 2024)

(The Chairperson, Departmental Committee on Health) First Reading

C. THE EQUALISATION FUND (ADMINISTRATION) BILL (SENATE

BILL NO. 14 OF 2023)

(The Chairperson, Departmental Committee on Finance and National Planning) Second Reading

(If not concluded on Wednesday, December 4, 2024 – Afternoon Sitting)

D. COMMITTEE OF THE WHOLE HOUSE

(i) The Persons with Disabilities Bill (Senate Bill No. 7 of 2023) (The Leader of the Majority Party – Co-Sponsor)

(ii) The Startup Bill (Senate Bill No. 14 of 2022) (The Hon. Irene Mayaka, M.P. – Co-Sponsor)

E. MOTION – ALLEGED UNFAIR TRADE PRACTICES BY FOREIGN

INVESTORS IN KENYA

(The Chairperson, Departmental Committee on Trade, Industry and Cooperatives)

(If not concluded on Wednesday, December 4, 2024 – Afternoon Sitting)

F. MOTION – CONSIDERATION OF REPORTS ON FINANCIAL

STATEMENTS OF STATE CORPORATIONS (NYANZA

REGION)

(The Chairperson, Public Investments Committee on Governance and Education)

(If not concluded on Wednesday, December 4, 2024 – Afternoon Sitting)

G. MOTION –

THIRD REPORT ON CONSIDERATION OF THE

AUDITED

ACCOUNTS

OF

SPECIFIED

STATE

CORPORATIONS

(The Chairperson, Public Investments Committee on Social Services, Administration and Agriculture)

(If not concluded on Wednesday, December 4, 2024 – Afternoon Sitting)

H. THE POLITICAL PARTIES (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 35 OF 2022)

(The Vice Chairperson, Procedure and House Rules Committee)

Second Reading

(If not concluded on Tuesday, December 3, 2024 –Afternoon Sitting)

I. THE UNIVERSITIES (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 38 OF 2023)

(The Chairperson, Public Investments Committee on Governance and Education) Second Reading

(If not concluded on Wednesday, December 4, 2024 – Afternoon Sitting)

J. MOTION – REPORT OF THE EXTRAORDINARY SESSION OF THE

SIXTH PAN-AFRICAN PARLIAMENT (PAP)

(Member of the Pan-African Parliament) (If not concluded on Wednesday, December 4, 2024 – Afternoon Sitting)

K. MOTION -

REPORT ON THE PERFORMANCE AUDIT REPORT

ON THE PROVISION OF SERVICES TO PERSONS WITH

DISABILITIES BY THE NATIONAL COUNCIL FOR

PERSONS WITH DISABILITIES

(The Chairperson, Public Investments Committee on Social Services, Administration and Agriculture)

(If not concluded on Wednesday, December 4, 2024 – Afternoon Sitting)

……......./Notice Paper II*

NOTICE PAPER II

Tentative business for

Thursday (Afternoon), December 5, 2024 (Published pursuant to Standing Order 38(1))

It is notified that the following business is tentatively scheduled to appear in the Order Paper for Thursday (Afternoon), December 5, 2024 –

A. COMMITTEE OF THE WHOLE HOUSE

(i) The Persons with Disabilities Bill (Senate Bill No. 7 of 2023) (The Leader of the Majority Party) (If not concluded on Thursday, December 5, 2024 – Morning Sitting)

(ii) The Startup Bill (Senate Bill No. 14 Of 2022) (The Hon. Irene Mayaka, M.P. – Co-Sponsor) (If not concluded on Thursday, December 5, 2024 – Morning Sitting)

B. MOTION – ALLEGED UNFAIR TRADE PRACTICES BY FOREIGN

INVESTORS IN KENYA

(The Chairperson, Departmental Committee on Trade, Industry and Cooperatives)

(If not concluded on Thursday, December 5, 2024 – Morning Sitting)

C. MOTION – CONSIDERATION OF REPORTS ON FINANCIAL

STATEMENTS OF STATE CORPORATIONS (NYANZA

REGION)

(The Chairperson, Public Investments Committee on Governance and Education)

(If not concluded on Thursday, December 5, 2024 – Morning Sitting)

D. MOTION –

THIRD REPORT ON CONSIDERATION OF THE

AUDITED

ACCOUNTS

OF

SPECIFIED

STATE

CORPORATIONS

(The Chairperson, Public Investments Committee on Social Services, Administration and Agriculture)

(If not concluded on Thursday, December 5, 2024 – Morning Sitting)

E. THE POLITICAL PARTIES (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 35 OF 2022)

(The Vice Chairperson, Procedure and House Rules Committee)

Second Reading

(If not concluded on Thursday, December 5, 2024 – Morning Sitting)

F. THE UNIVERSITIES (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 38 OF 2023)

(The Chairperson, Public Investments Committee on Governance and Education) Second Reading

(If not concluded on Thursday, December 5, 2024 – Morning Sitting)

G. MOTION – REPORT OF THE EXTRAORDINARY SESSION OF THE

SIXTH PAN-AFRICAN PARLIAMENT (PAP)

(Member of the Pan-African Parliament)

(If not concluded on Thursday, December 5, 2024 – Morning Sitting)

H. MOTION -

REPORT ON THE PERFORMANCE AUDIT REPORT

ON THE PROVISION OF SERVICES TO PERSONS WITH

DISABILITIES BY THE NATIONAL COUNCIL FOR

PERSONS WITH DISABILITIES

(The Chairperson, Public Investments Committee on Social Services, Administration and Agriculture)

(If not concluded on Thursday, December 5, 2024 – Morning Sitting)

I. ADJOURNMENT OF THE HOUSE IN ACCORDANCE WITH THE

CALENDAR

........../Appendix*

APPENDIX

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO. 7 - STATEMENTS

It is notified that, pursuant to the provisions of Standing Order 44(2)(c), the following Statements will be requested—

No. Subject Member Relevant Committee

1. 1. Measures for protection of

underage children from exposure to illicit activities.

Hon. Fatuma Zainabu, MP (Migori County)

Administration and Internal Security

1. 2. Recent approval of an increase

in water tariffs by the Water Services Regulatory Board

(WASREB)

Hon. Timothy Toroitich, MP (Marakwet West) Blue Economy, Water and Irrigation