Order Paper For Wednesday, 9th October 2024 - Afternoon Sitting

Thirteenth Parliament

Third Session Afternoon Sitting

(No. 87)

(2321)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, OCTOBER 9, 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*. THE

ETHICS

AND

ANTI-CORRUPTION

COMMISSION

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 11 OF 2024)

(The Leader of the Majority Party and the Leader of the Minority Party)

Second Reading (Question to be put)

1. 9*. THE KENYA NATIONAL LIBRARY SERVICE BILL (NATIONAL

ASSEMBLY BILL NO. 20 OF 2023)

(The Chairperson, Departmental Committee on Sports and Culture) Second Reading

1. 10*. MOTION –

CONSIDERATION OF SENATE AMENDMENTS TO

THE

FOOD

AND

FEED

SAFETY

CONTROL

CO-ORDINATION BILL (NATIONAL ASSEMBLY BILL

NO. 21 OF 2023)

(The Leader of the Majority Party) THAT, the Senate amendments to the Food and Feed Safety Control Co-ordination Bill (National Assembly Bill No. 21 of 2023) be now considered. (Schedule of Senate Amendments to the Bill is published in the Notices)

...…....../11*

(No. 87)

WEDNESDAY, OCTOBER 9, 2024

(2322)

1. 11*. MOTION –

CONSIDERATION OF SENATE AMENDMENTS TO

THE STATUTORY INSTRUMENTS (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 2 OF 2023)

(The Chairperson, Committee on Delegated Legislation)

THAT, the Senate amendments to the Statutory Instruments (Amendment) Bill (National Assembly Bill No. 2 of 2023) be now considered. (Schedule of Senate Amendments to the Bill is published in the Notices)

1. 12*. COMMITTEE OF THE WHOLE HOUSE

(i) Consideration of Senate amendments to the Food and Feed Safety Control Co-ordination Bill (National Assembly Bill No. 21 of 2023) (The Leader of the Majority Party)

(Subject to Order No. 10)

(ii) Consideration of Senate amendments to the Statutory Instruments (Amendment) Bill (National Assembly Bill No. 2 of 2023) (The Chairperson, Committee on Delegated Legislation)

(Subject to Order No. 11)

1. 13*. MOTION –

FIRST REPORT ON THE IMPLEMENTATION STATUS

OF HOUSE RESOLUTIONS ON COMMITTEE REPORTS

AND PUBLIC PETITIONS

(The Chairperson, Committee on Implementation)

THAT, this House adopts the First Report of the Select Committee on Implementation on the Implementation Status of Reports on Petitions and Resolutions passed by the House, laid on the Table of the House on Thursday, 26th October 2023.

(Resumption of debate interrupted on Thursday, September 19, 2024) (Balance of time – 2 hours 12 minutes)

1. 14*. 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.

...…....../15*

(No. 87)

WEDNESDAY, OCTOBER 9, 2024

(2323)

1. 15*. MOTION – SECOND REPORT ON EMPLOYMENT DIVERSITY

AUDIT IN PUBLIC INSTITUTIONS

(The Chairperson, Committee on National Cohesion and Equal Opportunity)

THAT, this House adopts the Second Report of the Select Committee on National Cohesion and Equal Opportunity on the Employment Diversity Audit in Public Institutions, laid on the Table of the House on Thursday, 21st March 2024.

1. 16*. 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. 17*. THE EQUALISATION FUND (ADMINISTRATION) BILL (SENATE

BILL NO. 14 OF 2023)

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

Second Reading

1. 18*. 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.

1. 19*. THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 38 OF 2022)

(The Chairperson, Procedure and House Rules Committee)

Second Reading

...…....../20*

(No. 87)

WEDNESDAY, OCTOBER 9, 2024

(2324)

1. 20*. 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.

*Denotes Orders of the Day*

........../Notices*

(No. 87)

WEDNESDAY, OCTOBER 9, 2024

(2325)

N O T I C E S

I.

SENATE AMENDMENTS TO THE FOOD AND FEED

SAFETY CONTROL CO-ORDINATION BILL (NATIONAL

ASSEMBLY BILL NO. 21 OF 2023)

It is notified that the Senate made the following amendments to the Food and Feed Safety Control Co-ordination Bill (National Assembly Bill No. 21 of 2023) ―

CLAUSE 22

Senate Amendment THAT, Clause 22 of the Bill be amended in sub-clause (2) by deleteting the words “conduct risk management” appearing immediately after the words “ the Controller may” and substituting therefor the words “advise on the appropriate risk management measures ”.

(The Committee recommends approval of the Senate amendment)

CLAUSE 25

Senate Amendment THAT, Clause 25 of the Bill be amended in sub-clause (3) by inserting the following new sub- clause—

3A. On receipt of the report under subsection (3)(b), the governor shall submit the report to the respective County Assembly.

(The Committee recommends approval of the Senate amendment)

FIRST SCHEDULE

Senate Amendment THAT, the First Schedule be amended by inserting the following new items immediately after item no. 3 —

3A. Each county government department dealing with matters relating to agriculture;

3B. Each county government department dealing with matters relating to health;

(The Committee recommends rejection of the Senate amendment)

(No. 87)

WEDNESDAY, OCTOBER 9, 2024

(2326)

II.

SENATE

AMENDMENTS

TO

THE

STATUTORY

INSTRUMENTS

(AMENDMENT)

BILL

(NATIONAL

ASSEMBLY BILL NO. 2 OF 2023)

It is notified that the Senate made the following amendments to the Statutory Instruments (Amendment) Bill (National Assembly Bill No. 2 of 2023) ―

CLAUSE 2

Senate Amendment THAT, Clause 2 of the Bill be amended by deleting the proposed new subsection (5) and substituting therefor the following new subsection —

(5) Where it comes to the attention of the Committee that a Cabinet Secretary responsible for a regulation making authority has failed to submit a statutory instrument in accordance with subsection (1), the Committee may, by a resolution, require the Cabinet Secretary to — (a) publish a notice in the Gazette within seven days from the date of the resolution, to the effect that the statutory instrument is a nullity; and (b) submit the published notice to Parliament.

(The Committee recommends approval of the Senate amendment)

CLAUSE 3

Senate Amendment THAT, Clause 3 of the Bill be deleted.

(The Committee recommends approval of the Senate amendment)

CLAUSE 4

Senate Amendment THAT, Clause 4 of the Bill be deleted.

(The Committee recommends approval of the Senate amendment)

CLAUSE 5

Senate Amendment THAT, Clause 5 of the Bill be amended by deleting the clause and substituting therefor the following clause —

(No. 87)

WEDNESDAY, OCTOBER 9, 2024

(2327)

Amendment of section 19 of Cap 2A.

1. 5. The principal Act is amended by deleting section 19

substituting therefor the following new section 19 —

Requirements for publishing an annulment.

1. 19. (1) Where Parliament has

adopted a report or a resolution that a statutory instrument be annulled— (a) the instrument shall stand annulled; and (b) the Clerk of the relevant House shall publish the annulment in the Parliamentary website and shall convey the resolution of the House to the regulation making authority. (2) Upon receipt of the communication from the Clerk in accordance with this section, the regulation making authority shall publish the annulment in the Gazette within fourteen days.

(The Committee recommends approval of the Senate amendment)

CLAUSE 6

Senate Amendment THAT, Clause 6 of the Bill be deleted.

(The Committee recommends approval of the Senate amendment)

CLAUSE 7

Senate Amendment THAT, Clause 7 of the Bill be amended by deleting the clause and substituting therefor the following clause — Amendment of section 11 of Cap 2A.

1. 7. Section 24 of the principal Act is amended

in subsection (5) by deleting the words “twenty thousand shillings” appearing immediately after the words “penalty not exceeding” and substituting therefor the words “one million shillings”.

(The Committee recommends approval of the Senate amendment)

........../Notices*(Cont’d)

(No. 87)

WEDNESDAY, OCTOBER 9, 2024

(2328)

LIMITATION OF DEBATE

The House resolved on Wednesday, February 14, 2024 as follows— 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 shall 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 the Senate amendments to Bills originating in the National Assembly

IV.

THAT, each speech in the general debate contemplated under Standing Order 146 (Consideration of Senate amendments to Bills originating in the National Assembly) shall be limited as follows:- a maximum of one hour and thirty minutes, with not more than fifteen minutes (15) for the Mover in moving, fifteen minutes (15) for the Chairperson of the relevant Departmental Committee, and five (5) minutes for any other Member speaking, including the Leader of the Majority Party and the Leader of the Minority Party (if the Bill is not party-sponsored), and that five (5) minutes before the expiry of the time, the Mover shall be called upon to reply; and further 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 V. 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, shall 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 shall 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.

(No. 87)

WEDNESDAY, OCTOBER 9, 2024

(2329) Limitation of Debate on Audit Committee Reports

VI.

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, October 10, 2024

[PUBLIC HOLIDAY]

[MAZINGIRA DAY]

........../Notice Paper II*

NOTICE PAPER II

Tentative business for

Tuesday, October 15, 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 Tuesday, October 15, 2024 –

A. THE KENYA NATIONAL LIBRARY SERVICE BILL (NATIONAL

ASSEMBLY BILL NO. 20 OF 2023)

(The Chairperson, Departmental Committee on Sports and Culture)

Second Reading

(If not concluded on Wednesday, October 9, 2024 – Afternoon Sitting)

B. MOTION – CONSIDERATION OF SENATE AMENDMENTS TO

THE

FOOD

AND

FEED

SAFETY

CONTROL

CO-ORDINATION BILL (NATIONAL ASSEMBLY BILL

NO. 21 OF 2023)

(The Leader of the Majority Party)

(If not concluded on Wednesday, October 9, 2024 – Afternoon Sitting)

C. MOTION – CONSIDERATION OF SENATE AMENDMENTS TO

THE STATUTORY INSTRUMENTS (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 2 OF 2023)

(The Chairperson, Committee on Delegated Legislation)

(If not concluded on Wednesday, October 9, 2024 – Afternoon Sitting)

D. COMMITTEE OF THE WHOLE HOUSE

(i) Consideration of Senate amendments to the Food and Feed Safety Control Co-ordination Bill (National Assembly Bill No. 21 of 2023) (The Leader of the Majority Party)

(Subject to Order No. B) (ii) Consideration of Senate amendments to the Statutory Instruments (Amendment) Bill (National Assembly Bill No. 2 of 2023) (The Chairperson, Committee on Delegated Legislation)

(Subject to Order No. C)

E. MOTION – FIRST REPORT ON THE IMPLEMENTATION STATUS

OF HOUSE RESOLUTIONS ON COMMITTEE REPORTS

AND PUBLIC PETITIONS

(The Chairperson, Committee on Implementation)

(If not concluded on Wednesday, October 9, 2024 – Afternoon Sitting)

F. MOTION – ALLEGED UNFAIR TRADE PRACTICES BY FOREIGN

INVESTORS IN KENYA

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

(If not concluded on Wednesday, October 9, 2024 – Afternoon Sitting)

G. MOTION – SECOND REPORT ON EMPLOYMENT DIVERSITY

AUDIT IN PUBLIC INSTITUTIONS

(The Chairperson, Committee on National Cohesion and Equal Opportunity)

(If not concluded on Wednesday, October 9, 2024 – Afternoon Sitting)

H. MOTION – REPORT OF THE EXTRAORDINARY SESSION OF THE

SIXTH PAN-AFRICAN PARLIAMENT (PAP)

(Member of the Pan-African Parliament)

(If not concluded on Wednesday, October 9, 2024 – Afternoon Sitting)

I. 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, October 9, 2024 – Afternoon Sitting)

J. 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, October 9, 2024 – Afternoon Sitting)

K. MOTION –

CONSIDERATION OF SESSIONAL PAPER NO. 5 OF 2023

ON THE NATIONAL POLICY ON LABOUR MIGRATION

(The Chairperson, Departmental Committee on Labour)

(If not concluded on Wednesday, October 9, 2024 – Afternoon Sitting)

L. THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 38 OF 2022)

(The Chairperson, Procedure and House Rules Committee)

Second Reading

(If not concluded on Wednesday, October 9, 2024 – Afternoon Sitting)

M. 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, October 9, 2024 – Afternoon Sitting)

….…../Appendix*

A P P E N D I X

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. Status of strategic promotion and development of dry land agriculture in Kenya Hon. Mohammed Adow, MP (Wajir South)

Agriculture and Livestock

1. 2. Provision of textbooks in schools Hon. Dorice Donya, MP

(Kisii County) Education 3. Regulation of labour migration through private recruitment agencies. Hon. Joshua Kandie, MP (Baringo Central)

Labour 4. Upgrading of roads network in Bomachoge Borabu Constituency to bitumen standards Hon. Nolfason Barongo, MP (Bomachoge Borabu)

Transport and Infrastructure 5. Conservation and management of the South Turkana National Reserve Hon. (Dr.) Ariko Namoit,

MP

(Turkana South)

Tourism and Wildlife