Tuesday, March 05, 2024 At 2.30 P.m.supplementary Order Paper

Thirteenth Parliament

Third Session

(No. 13)

(131)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

SUPPLEMENTARY

TUESDAY, MARCH 05, 2024 AT 2.30 P.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*. PROCEDURAL MOTION – REDUCTION OF PUBLICATION PERIOD

OF A SPECIFIED BILL

(The Leader of the Majority Party)

THAT, pursuant to the provisions of Standing Order 120(1)(c), this House resolves to reduce the publication period of the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No. 10 of 2024) from fourteen (14) days to one (1) day.

1. 9*. THE EMPLOYMENT (AMENDMENT) BILL (SENATE BILL NO. 11 OF

2022) (The Chairperson, Departmental Committee on Labour)

Second Reading (Question to be put)

1. 10*. 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)

First Reading

.………../11*

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1. 11*. MOTION –

APPOINTMENT OF MEMBERS TO THE COMMITTEE

OF POWERS AND PRIVILEGES

(The Chairperson, Committee on Selection) THAT, pursuant to the provisions of Section 15(1)(a)(ii) of the Parliamentary Powers and Privileges Act, 2017 and Standing Order 175(3), this House approves the appointment of the following Members to the Powers and Privileges Committee, in addition to the one specified under Paragraph 1(a)(i) of the said Act: (i) The Hon. Joseph Lekuton, CBS, M.P. (ii) The Hon. Farah Maalim, EGH, M.P. (iii) The Hon. Festus Mwangi Kiunjuri, M.P. (iv) The Hon. Samwel Moroto Chumel, M.P. (v) The Hon. Edward Wakili Muriu, M.P. (vi) The Hon. Samuel Gonzi Rai, M.P. (vii) The Hon. Fabian Kyule Muli, M.P. (viii) The Hon. Jayne Wanjiru Njeri Kihara,M.P. (ix) The Hon. John Philip Gichohi Kaguchia, M.P. (x) The Hon. Mishi Juma Khamisi Mboko, CBS, M.P. (xi) The Hon. Jessica Nduku Kiko Mbalu, CBS, M.P. (xii) The Hon. Rose Museo Mumo, M.P. (xiii) The Hon. James Onyango Oyoo, M.P. (xiv) The Hon. John Okano Bwire, M.P.

1. 12*. MOTION –

APPOINTMENT OF MEMBERS TO THE COMMITTEE

ON MEMBERS’ SERVICES AND FACILITIES

(The Chairperson, Committee on Selection) THAT, pursuant to the provisions of the Standing Orders 175(3) and 212B, this House approves the appointment of the following Members to the Committee on Members’ Services and Facilities:- (i) The Hon. Stephen Wachira Karani, M.P. (ii) The Hon. Feisal Abdallah Bader Salim, M.P. (iii) The Hon. Owen Yaa Baya, CBS, M.P. (iv) The Hon. Col (Rtd) Dido Ali Rasso, M.P. (v) The Hon. Peter Lochakapong’, M.P. (vi) The Hon. Brighton Leonard Yegon, M.P. (vii) The Hon. Anne Wanjiku Mugo Muratha, M.P. (viii) The Hon. Charity Kathambi Chepkwony, M.P. (ix) The Hon. Jerusha Momanyi Mongina, M.P. (x) The Hon. Odhiambo Elisha Ochieng, M.P. (xi) The Hon. Ruth Adhiambo Odinga Busia, M.P. (xii) The Hon. Robert Ngui Basil, M.P. (xiii) The Hon. Beatrice Kadeveresia Elachi, CBS, M.P. (xiv) The Hon. Paul Abuor, M.P. (xv) The Hon. Elsie Busihile Muhanda, M.P.

.………../13*

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1. 13*. MOTION –

CHANGES TO COMMITTEE MEMBERSHIP

(The Chairperson, Committee on Selection) THAT, further to the resolution of the House of Thursday, 27th October 2022 appointing Members into various Committees and pursuant to the provisions of Standing Order 173, this House further approves the appointment of Hon. Paul Abuor, MP to replace the Hon. Peter Kalerwa Salasya, MP in the Departmental Committee of Regional Development.

1. 14*. MOTION –

REPORT ON THE CONSIDERATION OF THE 2024

MEDIUM-TERM DEBT MANAGEMENT STRATEGY

(The Chairperson, Public Debt & Privatization Committee) THAT, this House adopts the Report of the Public Debt and Privatization Committee on its consideration of the 2024 Medium-Term Debt Management Strategy, laid on the Table of the House on Thursday, 29th February 2024 and pursuant to the provisions of section 15(4) of the Public Finance Management Act, 2012 and Standing Order 232A (7) and (8) – a) approves the 2024 Medium-Term Debt Management Strategy; and b) makes the Policy and Financial Resolutions contained in the Schedule to the Order Paper.

1. 15*. THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE

BILL NO. 6 OF 2022)

(The Chairperson, Departmental Committee on Environment, Forestry and Mining)

Second Reading

1. 16*. THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2023)

(The Leader of the Majority Party)

Second Reading

1. 17*. THE REGIONAL DEVELOPMENT AUTHORITIES BILL (NATIONAL

ASSEMBLY BILL NO. 7 OF 2023)

(The Chairperson, Departmental Committee on Regional Development)

Second Reading

1. 18*. 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)

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. .………../19*

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1. 19*. 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.

*Denotes Orders of the Day*

..…….../Schedule*

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SCHEDULE

POLICY AND FINANCIAL RESOLUTIONS RELATING TO THE

2024 MEDIUM TERM DEBT MANAGEMENT STRATEGY

A. POLICY RESOLUTIONS

1. 1. THAT, in the next Medium Term Expenditure Framework (MTEF) cycle, the

National Treasury ensures consistency between the Medium-Term Debt Management Strategy and the Budget Policy Statement regarding the optimal borrowing strategy and the fiscal consolidation path;

1. 2. THAT, the National Treasury ensures that the fiscal deficit and subsequent

public borrowing projections are realistic by incorporating forecasts on any potential in-year changes to interest rates, exchange rates, and contingency spending;

1. 3. THAT, to address the emerging escalation of domestic interest rates alongside

domestic interest payments, within 60 days of adoption of the Report, the National Treasury submits a report to the National Assembly providing practical measures to reduce the domestic debt service burden to sustainable levels;

1. 4. THAT, in line with the resolution of the National Assembly on the 2023

Medium Term Debt Management Strategy, the National Treasury publishes guidelines that will ensure that the Treasury Single Account is established and operational by July 1st, 2024;

1. 5. THAT, within 30 days of the adoption of the Report, and subject to Section 50

of the Public Finance Management Act, 2012 (Amended in 2023), the National Treasury submits a comprehensive report to the National Assembly on the breach of the debt anchor of 55 percent (+5) of Gross Domestic Product and the remedial measures undertaken to ensure adherence to the debt threshold;

1. 6. THAT, in order to promote fiscal sustainability, reduce debt distress and to slow

debt accumulation, any deviation from medium term fiscal deficit path designed by both the Budget Policy Statement and the Medium-Term Debt Management Strategy, and any resultant readjustment to loan financing, should be pre- approved by the National Assembly;

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1. 7. THAT, the National Treasury ensures the customization of the MTDS for the

next MTEF cycle to Kenya’s specific debt challenges by providing specific measures to deal with undisbursed loans and related commitment fees, measures to resolve risks emanating from non-performing loans owed by state-owned enterprises, and estimation of contingent liabilities;

1. 8. THAT, in order to help enhance public participation in public debt matters, the

National Treasury publishes simplified, citizen-friendly documents to accompany the technical reports on public debt submitted to the National Assembly; and

1. 9. THAT, at least two months before the end of the current financial year, the

National Treasury submits to the National Assembly: (i) the Annual Borrowing Plan that addresses any deviations from the 2024 MTDS in financing the FY 2024/25 Budget Estimates, attendant cost and risks of the deviations and policy measures to address them; and (ii) a schedule of all projects for which borrowing is to be undertaken in the

FY 2024/25.

B. FINANCIAL RESOLUTIONS

1. 1. THAT, the fiscal deficit target for the medium term is approved and set at 3.9%

of GDP for FY 2024/25; 3.3% of GDP for FY 2025/26, and 3.3% of GDP for FY 2026/27, in line with the fiscal consolidation path; and

1. 2. THAT, the country’s borrowing strategy is approved at 55 percent for net

external borrowing and 45 percent for net domestic borrowing as contained in the 2024 Medium Term Debt Management Strategy.

..…....../Notices*

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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, pursuant to the provisions of Standing Order 97(1), this House orders 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 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 Other Committee Reports

II.

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

III.

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 Debate on Bills sponsored by Parties or Committees

IV.

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

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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.

……....../Notice Paper I*

NOTICE PAPER I

Tentative business for

Wednesday (Morning), March 06, 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 (Morning), March 06, 2024 –

A. THE

PUBLIC

SERVICE

COMMISSION

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 6 OF 2023)

(The Hon. Benjamin Gathiru, M.P.)

Second Reading (Question to be put)

B. THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILL NO.

5 OF 2023)

(The Hon. Mary Emaase, M.P. – Co-Sponsor)

Second Reading (Resumption of debate interrupted on Wednesday, February 28, 2024 – Morning Sitting) (Balance of time – 1 hour 25 minutes)

C. MOTION: 027/2023 –

DEVELOPMENT OF A SATELLITE-BASED

CLIMATE CHANGE MONITORING POLICY

(The Hon. Abdul Haro, M.P.)

D. MOTION: 028/2023 –

ESTABLISHMENT OF A SCIENCE MUSEUM

(The Hon. John Kiarie, M.P.)

E. MOTION: 033/2023 –

SUPPORTING AND PROMOTING LOCAL

FERTILIZER

MANUFACTURING

INDUSTRIES

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

F. 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.)

G. 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.)

…....../Notice Paper II*

NOTICE PAPER II

Tentative business for

Wednesday (Afternoon), March 06, 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), March 06, 2024 –

A. MOTION –

REPORT ON THE 2024 BUDGET POLICY STATEMENT

(The Chairperson, Budget and Appropriations Committee)

(Subject to Tabling of Committee Report and Notice of Motion)

B. THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE

BILL NO. 6 OF 2022)

(The Chairperson, Departmental Committee on Environment, Forestry and Mining)

Second Reading (If not concluded on Tuesday, March 05, 2024)

C. THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2023)

(The Leader of the Majority Party)

Second Reading (If not concluded on Tuesday, March 05, 2024)

D. 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 Tuesday, March 05, 2024)

E. 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 Tuesday, March 05, 2024)

F. 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 Tuesday, March 05, 2024)