Order Paper For Wednesday 24th April 2024 - Morning Sitting

Thirteenth Parliament

Third Session

Morning Sitting

(No. 33)

(442)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, APRIL 24, 2024 AT 9.30 A.M.

ORDER OF BUSINESS

PRAYERS

1. Administration of Oath

1. 2. Communication from the Chair
2. 3. Messages
3. 4. Petitions
4. 5. Papers
5. 6. Notices of Motion
6. 7. Questions and Statements
7. 8*. MOTION: 025/2023 –

PROVIDING

A

SAFETY

NET

FOR

CAREGIVERS OF PERSONS WITH SEVERE

DISABILITIES

(The Hon. Dorothy Ikiara, M.P.)

THAT, aware that, Article 21(3) of the Constitution provides that all State Organs have the duty to address the needs of vulnerable groups within the society; further aware that the persons with severe disabilities cash transfer programme (PWSD-CT) is one of the four cash transfer programmes implemented by the government as part of the overall social protection interventions; noting that caregivers undertaking the immense responsibility of providing daily care and assistance to persons with severe disabilities (PWSD) are oftentimes the immediate family members of the PWSD; concerned that, this causes a disproportionate burden on these families as persons who would otherwise be engaged in gainful employment or other activities to provide for the families are limited by these immense responsibilities; further concerned that, this loss of income opportunities and resources exacerbates the challenges faced by these families; cognizant that, the government ought to take action to recognize the invaluable contributions of caregivers and support them in caring for individuals with severe disabilities; now therefore, this House resolves that the Government, through the Ministry of Labour & Social Protection, recognizes primary caregivers of persons with severe disabilities (PWSD) as a distinct category requiring social protection and support, and further, develops and implements a cash transfer programme for these primary caregivers.

(Question to be put)

….……/9*

(No. 33)

WEDNESDAY, APRIL 24, 2024

(443)

1. 9*. MOTION: 041/2023 –

ESTABLISHMENT

OF

A

PRIORITY

BOARDING

PROTOCOL

FOR

KENYA

DEFENCE FORCES AND KENYA SPECIAL

FORCES PERSONNEL ON LOCAL AIRLINES

(The Hon. (Capt.) Ruweida Obo, M.P.)

THAT, aware that, Article 239 provides for the National Security Organs, including the Kenya Defence Forces; further aware that, the Kenya Defence and Kenya Special Forces play an indispensable role in promoting and safeguarding national security in accordance with the Constitution; recognizing that, members of the Forces face life-threatening risks as they carry out their duties to protect our citizens, particularly in high-risk and volatile areas; noting that there is currently no token of appreciation for the remarkable dedication, service and sacrifices made by the Kenya Defence and Special Forces; acknowledging that it is important to accord special privileges and honours to our military and veteran personnel, akin to the practice observed in other countries including being allowed to access services like banking hall and boarding of flights ahead of the general public; further acknowledging that this practice would not only instill a sense of pride among the Kenya Defence and Kenya Special Forces personnel, but also enhance their morale and motivation, thereby boosting their performance and commitment to our national security; cognizant of the fact that there exists no national policy or framework to facilitate the implementation of such a practice; now therefore, this House urges that the National Government, through the Ministry of Roads and Transport, encourages local airlines to establish a priority boarding protocol for the Kenya Defence and Kenya Special Forces personnel which grants them the privilege to board local aircrafts before the general public.

1. 10*. THE PUBLIC SERVICE INTERNSHIP BILL (NATIONAL ASSEMBLY

BILL NO. 63 OF 2022)

(The Hon. Naisula Lesuuda, M.P.)

Second Reading

1. 11*. MOTION: 019/2023 –

POLICY FOR THE PROVISION OF MENTAL

HEALTH SERVICES IN ALL HEALTHCARE

FACILITIES

(The Hon. Mishi Mboko, M.P.)

THAT, aware that Article 43(1)(a) of the Constitution provides that every person has the right to the highest attainable standard of health including the right to health care services; further aware that mental health is a key determinant of overall health and socio-economic development; recognizing that the Constitution assigns to the national government the responsibility of matters of health policy; concerned that according to the World Health Organization (WHO), mental and neurological disorders are common and about ten (10) percent of the global population suffer from at least one mental health disorder at any given time; concerned that psychiatric units are only available in a few facilities in the country and patients requiring ….……/11*(Cont’d)

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WEDNESDAY, APRIL 24, 2024

(444)

psychiatric services have limited or no access to these facilities; acknowledging that, access to healthcare facilities would lead to improved overall health, increased economic productivity, social equity and improved quality of life for all; now therefore, this House urges the national government, through the Ministry of Health to collaborate with county governments to develop a policy integrating mental healthcare services in all healthcare facilities in the country.

1. 12*. MOTION: 028/2023 –

ESTABLISHMENT OF A SCIENCE MUSEUM

(The Hon. John Kiarie, M.P.) THAT, aware that, Article 11(2)(b) of the Constitution provides that the government shall recognize the role of science and indigenous technologies in the development of the nation; further aware that the Vision 2030 provides for the integration of information, communication and technology in the country’s transformative agenda; concerned that, there exists no science museum for consolidating indigenous scientific and technological innovations, training and research purposes in the East Africa Region; appreciating that, integration of science and technology would greatly enhance Kenya’s economic and societal success; noting that there is potential for growth in the technology sector by establishing a science museum; further noting that, the informal science education plays a key role in the progression of Science, Technology, Engineering and Mathematics (STEM); acknowledging that science museums operate as the nexus between science practitioners, policy-makers and the public; cognizant of the fact that, a science museum in the country would greatly impact on the economy of the country in the quest to become an industrialized nation; now therefore, this House resolves that, the national Government through the relevant Ministries establishes and operationalizes a science museum in the country.

1. 13*. MOTION: 033/2023 –

SUPPORTING AND PROMOTING LOCAL

FERTILIZER

MANUFACTURING

INDUSTRIES

(The Hon. Samuel Atandi, M.P.) THAT, aware that, the Fertilizer and Animal Foodstuff Act, 2015 provides for the regulation of fertilizer importation in the country; further aware that, the Fertilizer and Animal Foodstuffs Board regulates the fertilizer and animal foodstuffs industry including the manufacture and production of fertilizers; noting that, the country currently relies heavily on imported fertilizer due to inadequate local production capacity; further noting that, the low local production leads to high costs for farmers, reducing their profits and results in an unhealthy reliance on imported fertilizer; concerned that, this scenario threatens the country’s food security in case of supply disruptions and discourages local production; recognizing that local fertilizer production could lead to improved fertilizer quality, increased crop yields and a reduction in environmental harm caused by the use of substandard fertilizers; recalling that the country has the potential to produce fertilizer that could meet the country’s domestic demand and also supply the regional market; further recognizing that there is need for the government to work with local producers to develop high quality fertilizer tailored to the needs of Kenyan farmers and crops; now therefore ….……/13*(Cont’d)

(No. 33)

WEDNESDAY, APRIL 24, 2024

(445) this House resolves that the National Government through the Ministry of Agriculture and Livestock Development, supports and promotes local fertilizer manufacturing industries by investing in research and development to bolster the domestic fertilizer manufacturing sector.

1. 14*. MOTION: 035/2023 –

GOVERNMENT-TO-GOVERNMENT

(G2G)

MODEL

TO

ACQUIRE

AND

SUPPLY

FERTILIZERS

TO

FARMERS

AT

SUBSIDIZED COST

(The Hon. Geoffrey Ruku, M.P.) THAT, aware that, Kenya is an agricultural-based economy with a significant portion of its population relying on farming for their livelihood; noting that, the quality and quantity of crop yields in Kenya has been hampered to a large extent by lack of adequate and quality fertilizers leading to decreased agricultural productivity and economic losses; further noting that, the government has committed to improving agricultural productivity through various initiatives including provision of subsidized fertilizers; concerned that the cost, quantity and quality of fertilizers and subsequently the cost of production of food crops and cash crops including coffee, tea and Miraa has increased due to a number of factors, among them high cost of fertilizers due to markup by private suppliers of fertilizers; further concerned that threat to food security is a threat to national security; recognizing that the Government-to-Government model has been noted to lower cost of products; further recognizing that, there are countries willing to enter into a G2G agreement; appreciating that G2G has been proven to be effective in provision of services that have a direct impact on citizens’ livelihood including the cost of living such as the supply of fertilizers, particularly in countries with similar agricultural conditions as Kenya; this House, therefore resolves that, the government, through the Ministry of Agriculture and Livestock Development and its agencies adopts- (i) the Government-to-Government (G2G) model in the acquisition and supply of fertilizers by identifying potential partner countries that have surplus and quality fertilizers; and (ii) a comprehensive programme for Government-to-Government (G2G) acquisition and distribution of fertilizers through, among others, Kenya Farmers Association (KFA), Kenya Tea Development Agency (KTDA), Coffee Board of Kenya, Kenya Planters Cooperative Union (KPCU), Kenya Grain Growers Cooperative Union, Pyrethrum Board of Kenya for increased agricultural productivity.

1. 15*. MOTION: 040/2023 –

ESTABLISHMENT OF A NATIONAL POLICY

TO

COMBAT

DISRESPECTFUL

CHILDBIRTH PRACTICES IN KENYA

(The Hon. Gathoni Wamuchomba, M.P.)

THAT, aware that, Article 43(1)(a) of the Constitution provides for the right of every person to access the highest attainable standard of health; further aware that, poor quality of health services especially maternal care has been a recurring ….……/15*(Cont’d)

(No. 33)

WEDNESDAY, APRIL 24, 2024

(446)

concern among women in the country; noting that, there is increased pre- and post- partum mistreatment and dehumanized care of women by healthcare providers, also known as obstetric violence (OBV); further noting that, obstetric violence includes, but is not limited to, disrespectful and abusive behaviour, physical and verbal abuse, neglect, forced medical procedures, humiliation and assault in healthcare settings; concerned that, sustained class-based disparities shape different maternal and infant health outcomes with women of low socio-economic status experiencing greater levels of obstetric violence; further concerned that, this not only affects women’s physical and mental health, but also impacts on the overall health outcomes of mothers and their newborns, significantly contributing to high maternal mortality rates; cognizant of the fact that, there exists no national policy or framework to address and prevent obstetric violence; now therefore, this House resolves that, the National Government, through the Ministry of Health, develops a policy on prevention of obstetric violence in healthcare facilities in the country and provides a framework for regular monitoring and reporting of cases to curb incidences of pre- and post-partum mistreatment of women seeking health services.

1. 16*. MOTION: 045/2023 –

REVIEW OF THE ELIGIBILITY AGE FOR

ENROLMENT OF OLDER MEMBERS OF

SOCIETY TO THE INUA JAMII CASH

TRANSFER PROGRAMME

(The Hon. Majimbo Kalasinga, M.P.)

THAT, aware that Article 57 of the Constitution provides that the State shall take measures to secure the rights of older persons to live in dignity and to receive reasonable care and assistance from the State; noting that to actualize the provisions of Article 57 of the Constitution, the Government rolled out the Inua Jamii Cash Transfer Programme in 2015 to provide regular and predictable cash transfers to older persons aged seventy (70) years and above and who are not in receipt of a civil service pension; appreciating the success that the programme has recorded in alleviating poverty and suffering among older members of the society since its inception; noting that the government intends to progressively net more vulnerable and under-privileged members of the society with a view to reaching 2.5 million beneficiaries in the next three (3) years; concerned that, with respect to eligibility to

the programme for older members of society, the guidelines requires them to have attained the age of seventy years; noting that, Article 260 of the Constitution defines an “older member of society” as one who has attained the age of sixty (60) years; concerned that capping the eligibility for enrolment to the Inua Jamiii Programme at the age of seventy years is discriminatory to the older members of society and negates the spirit of the Constitution entitling support to older members of the society; now therefore, this House urges the national Government, through the Ministry of Labour and Social Protection, to revise the age requirement for eligibility of elderly members to be enrolled to the Inua Jamiii Programme from seventy (70) years to sixty (60) years in line with the Constitution.

….……/17*

(No. 33)

WEDNESDAY, APRIL 24, 2024

(447)

1. 17*. MOTION: 001/2024 –

FORMULATION OF A REWARD SCHEME

FOR

ACCOMPLISHMENTS

BY

SPORTS

PERSONS

IN

INTERNATIONAL

COMPETITION

(The Hon. Charles Ngusya, M.P.) THAT, aware that, sports play an integral role in promoting cultural heritage, national identity, national development, the well-being of the people and sustenance of livelihoods, particularly of the youth; appreciating that, Sessional Paper No. 3 of 2005 provides a framework for sports development and operationalization in the country; further appreciating that the Sector Plan For Sports, Culture and Arts – 2018 by the Ministry of Sports, Culture and Arts mainstreamed sports development in the Third Medium Term Plan (MTP III) for 2018-2022, under Kenya’s Vision 2030; recognizing that, the Vision 2030 aims at capitalizing on the country’s international reputation as a world-class sports powerhouse whose sportsmen and women have won international accolades and recognition, especially for their prowess in athletics; concerned that, despite bringing honour and national pride to the country, most sports men and women face a myriad of challenges such as lack of psychosocial support and social protection, hence pushing many to alarming levels of mental health challenges during their careers and even after retirement; noting that Sessional Paper No. 3 of 2005 contemplated motivation of sportspersons by the State through cash and material prizes, conferring State Honours, appointments as goodwill ambassadors and establishing contributory insurance and savings schemes among other forms of motivation; cognizant of the fact that, the prospect of receiving State recognition, financial grants, and other perks inspires sportsmen to push their limits in attaining their full potential as well as fostering a collective sense of pride in sporting achievements; now therefore, this House urges that the Government, through the Ministry of Youth Affairs, Sports and Arts, develops a policy and standardized sports reward scheme for recognizing the achievements made by sports persons in internationally recognized competitions, through– (i) financial rewards of Kshs. 6 million for setting new world records; Kshs. 4 million for Gold medalists; Kshs. 3 million for Silver medalists and Kshs. 2 million for Bronze medalists; (ii) non-financial motivation, including facilitation with issuance of diplomatic passports for established sportsmen and women, appointment as goodwill ambassadors and conferring national honours and privileges; and, (iii) establishing medical cover and a post-retirement social protection scheme, including establishing contributory insurance and savings schemes to support sports persons who retire from active sporting due to injuries or age.

*Denotes Orders of the Day*

...…....../Notices*

(No. 33)

WEDNESDAY, APRIL 24, 2024

(448)

N O T I C E S

LIMITATION OF DEBATE

The House resolved on Wednesday, February 14, 2024 as follows— Limitation of Debate on Motions I. THAT, each speech in a debate on any Motion, including a Special motion shall be limited as follows: 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 shall 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 Individual Members’ Bills

II.

THAT, each speech in a debate on Bills NOT 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 three hours and thirty minutes, with not more than thirty (30) minutes for the Mover, in moving and ten (10) minutes in replying, a maximum of thirty (30) minutes for the Chairperson of 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; 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.

…....../Notice Paper I*

NOTICE PAPER I

Tentative business for

Wednesday (Afternoon), April 24, 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 Wednesday (Afternoon), April 24, 2024 –

A. THE

NATIONAL

LAND

COMMISSION

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 43 OF 2023)

(The Hon. Owen Baya, M.P.)

Second Reading

(Question to be put)

B. THE

INDEPENDENT

ELECTORAL

AND

BOUNDARIES

COMMISSION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 10 OF 2024)

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

Second Reading (Resumption of debate interrupted on Tuesday, April 23, 2024)

C. MOTION – RATIFICATION OF THE KENYA-EUROPEAN UNION

ECONOMIC PARTNERSHIP AGREEMENT

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

D. MOTION –

CONSIDERATION OF SENATE AMENDMENTS TO

THE

WATER

(AMENDMENT)

BILL

(NATIONAL

ASSEMBLY BILL NO. 33 OF 2023)

(The Leader of the Majority Party)

E. COMMITTEE OF THE WHOLE HOUSE

Consideration of Senate amendments to the Water (Amendment) Bill (National Assembly Bill No. 33 of 2023) (The Leader of the Majority Party)

F. MOTION–

RATIFICATION

OF

THE

AFRICAN

UNION

CONVENTION ON CROSS-BORDER COOPERATION

(The Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations)

G. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 67 OF 2023)

(The Leader of the Majority Party)

Second Reading

H. THE LAND LAWS (AMENDMENT) (No. 2) BILL (NATIONAL

ASSEMBLY BILL NO. 76 OF 2023)

(The Leader of the Majority Party)

Second Reading

I. MOTION – REPORTS OF THE AUDITOR-GENERAL ON THE

NATIONAL

GOVERNMENT

CONSTITUENCIES

DEVELOPMENT FUND FOR NINE CONSTITUENCIES

IN BUNGOMA COUNTY

(The Chairperson, Decentralized Funds Accounts Committee)

J. MOTION –

PUBLIC PETITION ON FUNDS SPENT CONTRARY TO

THE

PROVISIONS

OF

ARTICLE

223

OF

THE

CONSTITUTION

(The Chairperson, Public Petitions Committee)

K. MOTION –

REPORTS OF THE AUDITOR-GENERAL ON THE

FINANCIAL STATEMENTS OF SPECIFIED STATE

CORPORATIONS

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

L. MOTION –

ENHANCING

REPORTING

OF

PARLIAMENTARY

BUSINESS ON ONLINE PLATFORMS

(The Chairperson, Committee on Parliamentary Broadcasting and Library)

M. MOTION –

INSPECTION

VISIT

TO

SEMI-AUTONOMOUS

INSTITUTIONS OF THE EAST AFRICAN COMMUNITY

IN UGANDA

(The Chairperson, Committee on Regional Integration)

N. MOTION –

IMPLEMENTATION

STATUS

OF

REPORTS

ON

PETITIONS AND RESOLUTIONS PASSED BY THE

HOUSE

(The Chairperson, Committee on Implementation)

O. MOTION –

ALLEGED UNFAIR TRADE PRACTICES BY FOREIGN

INVESTORS IN KENYA

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

..……../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. Alleged dumping of toxic and nuclear wastes in the North Eastern Region Hon. Mohammed Adow, MP (Wajir South)

Environment, Forestry and Mining 2. Commencement of Mombasa Gate Bridge Construction Project Hon. Mishi Mboko,

CBS, MP

(Likoni)

Transport and Infrastructure