Wednesday, 13th March 2024 Order Paper - Afternoon Sitting

Thirteenth Parliament

Third Session

Afternoon Sitting

(No. 19)

(233)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, MARCH 13, 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 REGIONAL DEVELOPMENT AUTHORITIES BILL (NATIONAL

ASSEMBLY BILL NO. 7 OF 2023)

(The Chairperson, Departmental Committee on Regional Development) Second Reading (Resumption of debate interrupted on Tuesday, March 12, 2024)

1. 9*. MOTION–

COMPLIANCE

TO

ARTICLE

54(2)

OF

THE

CONSTITUTION REGARDING EMPLOYMENT OF

PERSONS

WITH

DISABILITIES

IN

PUBLIC

INSTITUTIONS

(The Chairperson, Departmental Committee on National Cohesion and Equal Opportunity) THAT, this House adopts the Report of the Committee on National Cohesion and Equal Opportunity on the Compliance to Article 54(2) of the Constitution regarding Employment of Persons with Disabilities in Public Institutions, laid on the Table of the House on Wednesday, 21st February 2024.

1. 10*. MOTION - REPORT OF THE AUDITOR-GENERAL ON FINANCIAL

STATEMENTS OF SELECTED STATE CORPORATIONS

(The Chairperson, Public Investments Committee on Commercial Affairs and Energy) THAT, this House adopts the Report of the Public Investments Committee on Commercial Affairs and Energy on its examination of the Reports of the Auditor- General on the Financial Statements of selected State corporations, laid on the Table of the House on Wednesday, 6th December 2023.

….……/11*

(No. 19)

WEDNESDAY, MARCH 13, 2024 (234)

1. 11*. MOTION – REPORTS OF THE AUDITOR-GENERAL ON THE

NATIONAL

GOVERNMENT

CONSTITUENCIES

DEVELOPMENT FUND FOR FIVE CONSTITUENCIES

IN VIHIGA COUNTY

(The Chairperson, Decentralized Funds Accounts Committee)

THAT, this House adopts the Report of the Decentralized Funds Accounts Committee on its consideration of the Financial Statements for the National Government Constituencies Development Fund for five Constituencies in Vihiga County for Financial Years 2013/2014, 2014/2015, and 2015/2016, laid on the Table of the House on Wednesday, 14th February 2024.

1. 12*. MOTION – REPORT OF THE AUDITOR GENERAL ON THE

FINANCIAL STATEMENTS FOR THE KENYA SLUM

UPGRADING

LOW-COST

HOUSING

&

INFRASTRUCTURE TRUST FUND

(The Chairperson, Special Funds Accounts Committee) THAT, this House adopts the Report of the Special Funds Accounts Committee on its consideration of the Report of the Auditor General on the Financial Statements for the Kenya Slum Upgrading Low-Cost Housing & Infrastructure Trust Fund for the Financial Year 2017/2018 to 2021/2022, and the Alcoholic Drinks Control Fund for the Financial Year 2017/2018, laid on the Table of the House on Wednesday, 18th October 2023.

1. 13*. MOTION – INQUIRY

INTO

THE

MAIZE

FLOUR

SUBSIDY

PROGRAMME FOR THE FINANCIAL YEAR 2022/2023

(The Chairperson, Departmental Committee Agriculture and Livestock)

THAT, this House adopts the Second Report of the Departmental Committee on Agriculture and Livestock on the inquiry into the maize flour subsidy programme for the Financial Year 2022/2023, laid on the Table of the House on Tuesday, 27th February 2024.

1. 14*. MOTION– REPORTS OF THE AUDITOR-GENERAL ON THE

FINANCIAL

STATEMENTS

FOR

THE

LAND

SETTLEMENTS

FUND

AND

THE

RAILWAY

DEVELOPMENT FUND

(The Chairperson, Special Funds Accounts Committee) THAT, this House adopts the Seventh Report of the Special Funds Accounts Committee on its consideration of the Reports of the Auditor-General on the Financial Statements for the Land Settlements Fund for the Financial Years 2020/2021 & 2021/2022 and the Railway Development Fund (Holding Account) for the Financial Years 2017/2018, 2018/2019, 2019/2020, 2020/2021 & 2021/2022, laid on the Table of the House on Thursday, 7th December 2023. ….……/15*

(No. 19)

WEDNESDAY, MARCH 13, 2024 (235)

1. 15*. 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) THAT, this House adopts the Report of the Decentralized Funds Accounts Committee on its consideration of the Financial Statements for the National Government Constituencies Development Fund for nine Constituencies in Bungoma County for Financial Years 2013/2014, 2014/2015 and 2015/2016, laid on the Table of the House on Thursday, 7th March 2024.

*Denotes Orders of the Day*

...…....../Notices*

(No. 19)

WEDNESDAY, MARCH 13, 2024 (236)

N O T I C E S

NOT LATER THAN 3.00 P.M.

I.

QUESTION TIME IN PLENARY

PURSUANT to the provisions of Standing Order 42A(6B), the Speaker will today, not later than 3.00 p.m., invite the Cabinet Secretary for Public Service, Performance, and Delivery Management to respond to Questions as appearing in the Appendix.

II. STATEMENTS

ON

THE

LEGISLATIVE

PROPOSALS TO AMEND THE CONSTITUTION

UNDER STANDING ORDER 114 (7A)

(The Hon. Maj. (Rtd) Bashir Sheikh, M.P. and the Hon. Alice Ng’ang’a,

M.P.)

PURSUANT to the provisions of Standing Order 114(7A), it is notified that, today, Wednesday, 13th March, 2024, the Speaker will accord an opportunity to Members to make General Comments on the following Legislative Proposals to amend the Constitution–

(1) a Legislative Proposal by the Member for Mandera North (Hon. Maj. (Rtd) Bashir Sheikh) to amend Article 88 of the Constitution to provide that when the Independent Electoral and Boundaries Commission is not constituted, the Secretary of the Commission can perform the functions of the Commission that are limited to conducting by-elections under Article 101 (4)(b) of the Constitution; and (2) a Legislative Proposal by the Member for Thika Town (Hon. Alice Ng’ang’a) to amend Article 89 of the Constitution to protect 27 Constituencies that were protected for the First delimitation of electoral units in spite of not meeting the population quota requirement and which constituencies risk being merged with others when the Independent Electoral and Boundaries Commission conducts the Second review that is due.

(No. 19)

WEDNESDAY, MARCH 13, 2024 (237)

1) LEGISLATIVE PROPOSAL TO AMEND THE CONSTITUTION

(The Hon. Maj. (Rtd) Bashir Sheikh, M.P.)

THE CONSTITUTION OF KENYA (AMENDMENT) BILL, 2023

A Bill for AN ACT of Parliament to amend the Constitution of Kenya ENACTED by the Parliament of Kenya as follows— 1. This Act may be cited as the Constitution of Kenya (Amendment) Act, 2023. Short title. 2. Article 88 of Constitution is amended by inserting the following new clause immediately after clause (5) — Amendment of Article 88 of the Constitution. (6) Where the Commission is not constituted, the Secretary to the Commission shall perform the functions of the Commission related to the conduct of a by-election under Article 101 (4).

MEMORANDUM OF OBJECTS AND REASONS

Statement of objects and reasons for the Bill The principal object of this Bill is to amend the Constitution to ensure a continuance of the functions of IEBC as per section 4, 7A and 7B of the Act. Further, the Bill seeks to ensure that where the Commission is not constituted, the secretary to the Commission can perform the functions of the Commission limited to the conduct of a by-election. Clause 1 of the Bill is the short title. Clause 2 of the Bill proposes amendments to Article 88 to provide that when the Commission is not constituted, the Secretary of the Commission can perform the functions of the Commission that are limited to conducting by-elections under Article 101 (4)(b) of the Constitution. Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms This Bill does not delegate legislative power or limit any fundamental rights or freedoms. Statement as to whether the Bill is a money Bill within the meaning of Article 114 of the Constitution The enactment of this Bill shall occasion additional expenditure of public funds.

(No. 19)

WEDNESDAY, MARCH 13, 2024 (238)

Article 88 of the Constitution that is proposed to be amended—

1. 88. Independent Electoral and Boundaries Commission

(1) There is established the Independent Electoral and Boundaries Commission. (2) A person is not eligible for appointment as a member of the Commission if the person— (a) has, at any time within the preceding five years, held office, or stood for election as— (i) a member of Parliament or of a county assembly; or (ii) a member of the governing body of a political party; or (b) holds any State office. (3) A member of the Commission shall not hold another public office. (4) The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament and, in particular, for— (a) the continuous registration of citizens as voters; (b) the regular revision of the voters’ roll; (c) the delimitation of constituencies and wards; (d) the regulation of the process by which parties nominate candidates for elections; (e) the settlement of electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results; (f) the registration of candidates for election; (g) voter education; (h) the facilitation of the observation, monitoring and evaluation of elections; (i) the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election; (j) the development of a code of conduct for candidates and parties contesting elections; and (k) the monitoring of compliance with the legislation required by Article 82 (1) (b) relating to nomination of candidates by parties. (5) The Commission shall exercise its powers and perform its functions in accordance with this Constitution and national legislation.

(No. 19)

WEDNESDAY, MARCH 13, 2024 (239)

2) LEGISLATIVE PROPOSAL TO AMEND THE CONSTITUTION

(The Hon. Alice Ng’ang’a, M.P.)

THE CONSTITUTION OF KENYA (AMENDMENT) BILL, 2023

A Bill for AN ACT of Parliament to amend the Constitution of Kenya ENACTED by the Parliament of Kenya, as follows— Short title.

1. 1. This Act may be cited as the Constitution of Kenya

(Amendment) Act, 2023. Amendment of Article 89 of the Constitution.

1. 2. Article 89 of the Constitution is amended by

inserting the following new clause immediately after clause (2)—

(2A) The Commission shall ensure that a review of constituencies undertaken in terms of this Constitution shall not result in the loss of a constituency existing on the effective date.

MEMORANDUM OF OBJECTS AND REASONS

Statement of objects and reasons for the Bill The principal object of this Bill is to amend Article 89 of the Constitution to protect 27 Constituencies that were protected for the First review in spite of not meeting the population quota requirement and which constituencies risk being merged with others when the Independent Electoral and Boundaries Commission conducts the second review that is due. The said constituencies are Voi; Wundanyi; Mwatate; Galole; Bura; Isiolo South; Samburu East; Laisamis; North Horr; Saku; Kilome; Mukurweini; Mbeere North; Mathioya; Ndaragwa; Budalang’i; Vihiga; Othaya; Mathioya; Kangema; Marakwet East; Keiyo North; Tetu; Mogotio; Lamu East; Lamu West; and Mvita. The Constitution only safeguarded the 27 Constituencies from the initial review, which took place in March 2012. With the second review due in 2024, 12 years after the first, it is crucial to ensure that the constituencies are not merged with others. The Constitution stipulates that the Independent Electoral and Boundaries Commission (IEBC) should conduct a review after 8 years but not more than 12 years. This amendment ensures that these constituencies are protected for a minimum of 8 and a maximum of 12 years, allowing them to gradually grow their population to meet the threshold. These constituencies hold significant cultural and developmental value for their inhabitants. Residents have grown attached to them, viewing them as the focal point for the allocation of developmental resources. Through public participation, they have a say in how resources are utilized for various purposes, such as education, infrastructure, and security.

(No. 19)

WEDNESDAY, MARCH 13, 2024 (240)

Merging these constituencies would result in an irredeemable feeling of loss of identity and control on the part of their inhabitants over their local development much as they will not be literally moved from their homes. The Constitution does not grant the IEBC the authority to interfere with county boundaries. Equally IEBC has no powers to increase or reduce the number of Constituencies Therefore, if a constituency is merged within one county, the IEBC would have to adjust the boundaries of other constituencies in a different County to maintain the total of 290 constituencies. This could lead to discord and grievances among counties, as they may perceive others as benefiting at their expense. With 47 counties in Kenya, each with its own devolved functions and resources, the sentimental attachment to county identity is strong. Folding an existing constituency in one county to create a new one elsewhere may be seen as an act of “robbing” a county of its representation and resources. This could potentially lead to unnecessary disharmony and conflicts among counties. Clause 1 of the Bill is the short title. Clause 2 of the Bill seeks to amend Article 89 of the Constitution to insert a new clause (2) requiring the IEBC to ensure that their review of constituency boundaries does not result in the loss of a constituency that existed when the Constitution was promulgated. Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms This Bill does not delegate legislative power or limit any fundamental rights or freedoms. Statement as to whether the Bill is a money Bill within the meaning of Article 114 of the Constitution The enactment of this Bill shall occasion additional expenditure of public funds. Article 89 of the Constitution that is proposed to be amended— Delimitation of electoral units

1. 89. (1) There shall be two hundred and ninety constituencies for the purposes of the

election of the members of the National Assembly provided for in Article 97 (1) (a). (2) The Independent Electoral and Boundaries Commission shall review the names and boundaries of constituencies at intervals of not less than eight years, and not more than twelve years, but any review shall be completed at least twelve months before a general election of members of Parliament. (3) The Commission shall review the number, names and boundaries of wards periodically. (4) If a general election is to be held within twelve months after the completion of a review by the Commission, the new boundaries shall not take effect for purposes of that election.

(No. 19)

WEDNESDAY, MARCH 13, 2024 (241)

(5) The boundaries of each constituency shall be such that the number of inhabitants in the constituency is, as nearly as possible, equal to the population quota, but the number of inhabitants of a constituency may be greater or lesser than the population quota in the manner specified in clause (6) to take account of— (a) geographical features and urban centres; (b) community of interest, historical, economic and cultural ties; and (c) means of communication. (6) The number of inhabitants of a constituency or ward may be greater or lesser than the population quota by a margin of not more than— (a) forty per cent for cities and sparsely populated areas; and (b) thirty per cent for the other areas. (7) In reviewing constituency and ward boundaries the Commission shall— (a) consult all interested parties; and (b) progressively work towards ensuring that the number of inhabitants in each constituency and ward is, as nearly as possible, equal to the population quota. (8) If necessary, the Commission shall alter the names and boundaries of constituencies, and the number, names and boundaries of wards. (9) Subject to clauses (1), (2), (3) and (4), the names and details of the boundaries of constituencies and wards determined by the Commission shall be published in the Gazette, and shall come into effect on the dissolution of Parliament first following their publication. (10) A person may apply to the High Court for review of a decision of the Commission made under this Article. (11) An application for the review of a decision made under this Article shall be filed within thirty days of the publication of the decision in the Gazette and shall be heard and determined within three months of the date on which it is filed. (12) For the purposes of this Article, "population quota" means the number obtained by dividing the number of inhabitants of Kenya by the number of constituencies or wards, as applicable, into which Kenya is divided under this Article.

(No. 19)

WEDNESDAY, MARCH 13, 2024 (242)

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 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, 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.

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.

Limitation of General Debate on Legislative Proposals to amend the Constitution

VI.

THAT, each speech in the general debate contemplated under Standing Order 114(7A)(b) (Consideration of a Legislative Proposal to amend the Constitution) shall be limited as follows:- a maximum of twenty minutes (20) for the Mover in moving

(No. 19)

WEDNESDAY, MARCH 13, 2024 (243)

and ten (10) minutes in replying, fifteen minutes (15) for the Leader of the Majority Party and the Leader of the Minority Party (if the Proposal is not party-sponsored), Member(s) with similar or related proposals and the Chairperson of the relevant Departmental Committee, and ten (10) minutes for any other Member speaking; 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.

…....../Notice Paper*

NOTICE PAPER

Tentative business for

Thursday, March 14, 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, March 14, 2024 –

A. THE REGIONAL DEVELOPMENT AUTHORITIES BILL (NATIONAL

ASSEMBLY BILL NO. 7 OF 2023)

(The Chairperson, Departmental Committee on Regional Development)

Second Reading (If not concluded on Wednesday, March 13, 2024 – Afternoon Sitting)

B. THE

NATIONAL

GOVERNMENT

ADMINISTRATION

LAWS

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 73 OF 2023)

(The Leader of the Majority Party)

Second Reading

C. MOTION –

COMPLIANCE

TO

ARTICLE

54(2)

OF

THE

CONSTITUTION REGARDING EMPLOYMENT OF

PERSONS

WITH

DISABILITIES

IN

PUBLIC

INSTITUTIONS

(The Chairperson, Committee on National Cohesion and Equal Opportunity) (If not concluded on Wednesday, March 13, 2024 – Afternoon Sitting)

D. THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2023)

(The Leader of the Majority Party)

Second Reading

E. MOTION – REPORT OF THE AUDITOR-GENERAL ON FINANCIAL

STATEMENTS OF SELECTED STATE CORPORATIONS

(The Chairperson, Public Investments Committee on Commercial Affairs and Energy)

(If not concluded on Wednesday, March 13, 2024 – Afternoon Sitting)

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

NATIONAL

GOVERNMENT

CONSTITUENCIES

DEVELOPMENT FUND FOR FIVE CONSTITUENCIES

IN VIHIGA COUNTY

(The Chairperson, Decentralized Funds Accounts Committee)

(If not concluded on Wednesday, March 13, 2024 – Afternoon Sitting)

G. THE HOUSES OF PARLIAMENT (BICAMERAL RELATIONS) BILL

(NATIONAL ASSEMBLY BILL NO. 44 OF 2023)

(The Hon. Samuel Chepkonga, M.P.)

Second Reading

H. COMMITTEE OF THE WHOLE HOUSE

The Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bill No. 68 of 2023) (The Leader of the Majority Party)

I. MOTION – REPORT OF THE AUDITOR GENERAL ON THE

FINANCIAL STATEMENTS FOR THE KENYA SLUM

UPGRADING

LOW-COST

HOUSING

&

INFRASTRUCTURE TRUST FUND

(The Chairperson, Special Funds Accounts Committee) (If not concluded on Wednesday, March 13, 2024 – Afternoon Sitting)

J. MOTION – INQUIRY

INTO

THE

MAIZE

FLOUR

SUBSIDY

PROGRAMME FOR THE FINANCIAL YEAR 2022/2023

(The Chairperson, Departmental Committee Agriculture and Livestock) (If not concluded on Wednesday, March 13, 2024 – Afternoon Sitting)

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

FINANCIAL

STATEMENTS

FOR

THE

LAND

SETTLEMENTS FUND AND RAILWAY DEVELOPMENT

FUND

(The Chairperson, Special Funds Accounts Committee) (If not concluded on Wednesday, March 13, 2024 – Afternoon Sitting)

L. 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) (If not concluded on Wednesday, March 13, 2024 – Afternoon Sitting)

A P P E N D I X

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO. 7 - QUESTIONS

It is notified that, pursuant to the provisions of Standing Order 42A (6B), the following Cabinet Secretary will respond to questions in plenary on Wednesday (Afternoon), March 13, 2024 –– The Cabinet Secretary for Public Service, Performance and Delivery Management—

QUE. NO

ORDINARY QUESTIONS

009/2024 The Member for Machakos County (Hon. Joyce Kamene, MP) to ask the Cabinet Secretary for Public Service, Performance and Delivery Management: - Could the Cabinet Secretary- (i) state any reforms that the Ministry has instituted to transform the operational standards of public service to boost productivity, efficiency, morale and retention of public officers/civil servants?

(ii) provide plans and policies the Ministry has considered towards offering counseling and psychosocial support to personnel in the Public Service to prevent escalation of psychological challenges?

(iii) explain measures that have been taken to ensure compliance with affirmative action principles, especially to promote the education, healthcare and provision of food and equipment to Persons with Disabilities (PwDs) and orphans?

010/2024 The Member for Machakos County (Hon. Joyce Kamene, MP) to ask the Cabinet Secretary for Public Service, Performance and Delivery Management: - Could the Cabinet Secretary –

(i) categorise the 10,839 individuals recruited into the National Youth Service in 2022 by gender and regions and further explain the fate of the 2,000 recruits who underwent training in the same year but were not deployed to the National Youth Service? (ii) provide a list of the number of recruits categorized by their respective constituencies?

011/2024 The Member for Kinango (Hon. Gonzi Rai, MP) to ask the Cabinet Secretary for Public Service, Performance and Delivery Management: - Could the Cabinet Secretary explain why Civil Servants in Kinango Constituency are not eligible for hardship allowance like teachers in the same Constituency and what steps the Government is taking to address this concern by civil servants? 012/2024 The Member for Funyula (Hon. (Dr.) Wilberforce Oundo, MP) to ask the Cabinet Secretary for Public Service, Performance and Delivery Management: - Could the Cabinet Secretary – (i) explain why the Chief of Staff and Head of the Public Service through a letter dated 29th September 2023 Ref No. SH/GM/23 Vol. I (22) has usurped powers and functions vested in the Public Service Commission under Article 232 of the Constitution and purported to transfer the implementation of the Public Service Internship and Volunteer Programme from the Public Service Commission, which established, created systems and structures to guarantee fairness, equity and representation of Kenya’s diverse communities, to the Ministry of Public Service, Performance and Delivery Management? (ii) explain why the Chief of Staff and Head of Public Service directed the Cabinet Secretary for the National Treasury and Economic Planning to reallocate funds appropriated by the National Assembly to the Public Service Commission in the 2023/2024 FY for implementation of the Public Service Internship and Volunteer Programme to the then Ministry of Public Service, Gender and Affirmative Action, in violation of Article 95(4)(b) of the Constitution? (iii) explain the basis for this interreference with the powers and function of the Public Service Commission which is established under Article 233 of the Constitution? 051/2024 The Member for Narok North (Hon. Agnes Pareiyo, MP) to ask the Cabinet Secretary for Public Service, Performance and Delivery Management: - Could the Cabinet Secretary – (i) explain why Narok North Constituency has not been gazette as a hardship area despite satisfying the conditions to be designated as such? (ii) enumerate efforts that have been instituted to ensure teachers deployed in the Constituency benefit from hardship allowance?

052/2024 The Member for Mwingi North (Hon. Paul Nzengu, MP) to ask the Cabinet Secretary for Public Service, Performance and Delivery Management: - Could the Cabinet Secretary – (i) outline the criteria used and considered for an area to be classified as a hardship area?

(ii) explain why Kyuso sub-county in Mwingi North Constituency is not classified as a hardship zone?