Wednesday, 21st Feb 2024 - Order Paper Afternoon Session

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Thirteenth Parliament

Third Session

Afternoon Sitting

(No. 07)

(022)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, FEBRUARY 21, 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
8*. PROCEDURAL MOTION – EXTENSION OF PERIOD FOR

CONSIDERATION

OF

THE

2024

BUDGET POLICY STATEMENT

(The Chairperson, Budget & Appropriations Committee)

THAT, notwithstanding the provisions of Standing Order 232(7) relating to timelines for consideration of Budget Policy Statement, this House resolves to extend the period for consideration of the 2024 Budget Policy Statement by a period of seven (7) days from 29th February 2024.

9*. PROCEDURAL MOTION – EXTENSION OF PERIOD FOR

CONSIDERATION OF THE 2024 DEBT

MANAGEMENT STRATEGY

(The Chairperson, Public Debt & Privatization Committee)

THAT, notwithstanding the provisions of Standing Order 232A(4) relating to timelines for consideration of Debt Management Strategy, this House resolves to extend the period for consideration of the 2024 Debt Management Strategy by a period of ten (10) days from 25th February 2024.

………../10*

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WEDNESDAY, FEBRUARY 21, 2024

(023)

10*. MOTION –

THE

MEDIATED

VERSION

OF

THE

COUNTY

GOVERNMENTS ADDITIONAL ALLOCATIONS BILL

(NATIONAL ASSEMBLY BILL NO. 23 OF 2023)

(The Co-Chairperson, Mediation Committee on the County Governments Additional Allocations Bill, 2023) THAT, pursuant to the provisions of Article 113(2) of the Constitution and Standing Order 150(3), this House adopts the Report of the Mediation Committee on the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023), laid on the Table of the House on Tuesday, 20th February 2024, and approves the Mediated version of the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023). (The Mediated Version of the Bill is appended as Notice I)

11*. COMMITTEE OF THE WHOLE HOUSE

The Affordable Housing Bill (National Assembly Bill No. 75 of 2023) (The Leader of the Majority Party)

12*. MOTION –

REPORT OF THE NATIONAL DIALOGUE COMMITTEE

(The Leader of the Majority Party and the Leader of the Minority Party) THAT, this House adopts the Report of the National Dialogue Committee, laid on the Table of the House on Thursday, 7th December 2023. (Resumption of debate interrupted on Tuesday, February 20, 2023) (Balance of time – 1 hour)

13*. MOTION – REPORT OF THE AUDITOR-GENERAL ON THE

FINANCIAL

STATEMENTS

FOR

THE

NATIONAL

GOVERNMENT MINISTRIES, DEPARTMENTS AND

AGENCIES FOR THE FINANCIAL YEAR 2020/2021

(The Chairperson, Public Accounts Committee)

THAT, this House adopts the Report of the Public Accounts Committee on its Examination of the Report of the Auditor-General on the Financial Statements for the National Government Ministries, Departments and Agencies for the Financial Year 2020/2021, laid on the Table of the House on Thursday, 30th November 2023.

14*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) (No.2) BILL

(NATIONAL ASSEMBLY BILL NO. 68 OF 2023)

(The Leader of the Majority Party)

Second Reading

………../15*

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WEDNESDAY, FEBRUARY 21, 2024

(024)

15*. THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2023)

(The Leader of the Majority Party)

Second Reading

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

2022) (The Chairperson, Departmental Committee on Labour)

Second Reading

17*. THE NATURAL RESOURCES (BENEFIT SHARING) BILL (SENATE

BILL NO. 6 OF 2022)

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

Second Reading

18*. THE PETITIONS TO PARLIAMENT (PROCEDURE) (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 51 OF 2022)

(The Chairperson, Procedure and House Rules Committee)

Second Reading

19*. THE REGIONAL DEVELOPMENT AUTHORITIES BILL (NATIONAL

ASSEMBLY BILL NO. 7 OF 2023)

(The Chairperson, Departmental Committee on Regional Development)

Second Reading

..…....../Notices*

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(025)

N O T I C E S

I. MEDIATED VERSION OF THE COUNTY GOVERNMENTS

ADDITIONAL

ALLOCATIONS

BILL

(NATIONAL

ASSEMBLY BILL NO. 23 OF 2023)

A Bill for AN ACT of Parliament to provide for the additional allocations to County Governments for the 2023/2024 financial year; the responsibilities of National Government and county governments pursuant to such allocation; and for connected purposes.

ENACTED by Parliament of Kenya, as follows—

1. This Act may be cited as the County Governments

Additional Allocations Act, 2024 and shall be deemed to have come in force on 1st July, 2023. Short title and commencement.

2. In this Act —

“agreement” means an intergovernmental agreement entered into under section 191A of the Public Finance Management Act; “authorized person” — (a) in relation to the National Government shall be the Principal Secretary responsible for matters relating to finance or a person appointed by the Principal Secretary, in writing; (b) in relation to a county government shall be the county executive committee member responsible for matters relating to finance or a person appointed by the county executive committee member, in writing; “Cabinet Secretary” means the Cabinet Secretary responsible for finance; “additional allocations” means additional resources allocated to county governments from the national government’s share of revenue or in the form of loans and grants from development partners; and “county executive committee member” means the county executive committee member in charge of matters relating to finance. Interpretation. No. 18 of 2012.

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WEDNESDAY, FEBRUARY 21, 2024

(026)

3. The object and purpose of this Act is to—

(a) provide, pursuant to Article 202(2) of the Constitution, for additional allocations for the financial year 2023/2024; (b) provide for additional allocations from proceeds of loans and grants from development partners; and (c) facilitate the transfer of conditional and unconditional allocations made to counties under this Act from the Consolidated Fund to the respective County Revenue Funds and special purpose accounts. Object and purpose of the Act.

4. (1) Additional grants shall be funds agreed upon by

the National Assembly and the Senate during the consideration of the Budget Policy Statement and shall comprise of— (a) additional allocations from development partners required for transfer of functions to counties from the National Government as provided for under Article 187 of the Constitution; (b) additional allocations provided for under Article 202(2) of the Constitution; and (c) loans and grants from development partners. Additional allocations to county governments. (2) Additional funds allocated under this section shall be included in the respective county governments’ Appropriation Bills.

5. (1) Pursuant to Article 206(1) of the Constitution,

court fines emanating from contravention of County Government legislation are excluded from the Consolidated Fund and shall be payable to the respective County Revenue Funds. (2) Unconditional allocations to the beneficiary County Governments from the National Government Share of Revenue emanating from contravention of County Government legislation for the Financial Year 2023/2024 shall be as set out in Column B of the Second Schedule. (3) Upon commencement of this Act, the National Treasury shall gazette a framework for the collection and transfer of court fines imposed under County legislation from the National Government to the County Governments. (4) Unconditional allocations to the beneficiary County Governments from the National Government Share of Revenue emanating from the 20% share of Mineral Royalties for the Financial Year 2023/2024 shall be as set out in Column C of the Second Schedule.

Conditional allocations to county governments

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(027) (5) Conditional allocations to each county government from National Government share of revenue for the financial year 2023/2024 shall be as set out in the First Schedule, comprising — (a) conditional allocations for the construction of county headquarters as set out in Column B of the First Schedule; (b) conditional allocations for the Aggregated Industrial Parks Programme as set out in Column C of the First Schedule; (c) conditional allocations for the Provision of Fertilizer Subsidy Programme as set out in Column D of the First Schedule; and (d) conditional allocations for the provision of library services among twenty-one counties as set out in Column E of the First Schedule. . (6) Conditional allocations financed by proceeds of loans or grants from development partners to each county government for the financial year 2023/2024 shall be as set out in Column P of the Third Schedule, comprising of— (a) conditional allocations financed by a World Bank credit to finance Agricultural and Rural Inclusive Growth Project (NARIGP) as set out in Column B of the Third Schedule; (b) Conditional allocations financed by IDA (World Bank) Credit to finance National Agricultural Value Chain Development Project (NAVCDP) as set out in Column C of the Third Schedule; (c) conditional allocations from a World Bank credit to finance Water and Sanitation Development Project (WSDP) as set out in Column D of the Third Schedule; (d) conditional allocations from a grant by DANIDA to finance Primary Healthcare in Devolved Context Program as set out in Column E of the Third Schedule; (e) conditional allocations financed by a credit from the World Bank to Finance Locally-Led Climate Action Program (FLLoCA) – (County Climate Institutional Support grant) as set out in Column F of the Third Schedule which shall be allocated among county governments; (f) conditional allocations financed by a loan from Government of Sweden to finance Agriculture Sector Development Support Programme II (ASDSP II) as set out in Column G of the Third

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(028) Schedule; (g) conditional allocations financed by both loan and grant from the German Development Bank (KfW) to finance Drought Resilience Programme in Northern Kenya (DRPNK) as set out in Column H of the Third Schedule; (h) conditional allocations financed by a credit from World Bank to finance Emergency Locust Response Project (ELRP) as set out in Column I of the Third Schedule; (i) conditional allocations financed by a loan from the World Bank to finance Kenya Informal Settlement Improvement Project (KISIP II) as set out in Column J of the Third Schedule; (j) conditional allocations from proceeds of loans from the International Fund for Agricultural Development (IFAD) to finance Kenya Livestock Commercialization Project (KELCOP) as set out in Column K of the Third Schedule; (k) conditional allocations from proceeds of loan fund for Aquaculture Business Development Project (ABDP) as set out in Column L of the Third schedule; and (l) conditional allocations amounting to Kenya Shillings Six Billion, one hundred and eighty-seven million, five hundred thousand, financed by proceeds from a World Bank Loan for FLLoCA - County Climate Resilience Grant as set out in Column M of the Third Schedule shall be allocated among the County Governments on the basis of a criteria to be determined as follows— (i) the accounting officer responsible for the grant, shall for each eligible County Government, carry out or cause to be carried out, in accordance with the Intergovernmental agreements between the National Government and each eligible County Government, an assessment to determine the eligible County Government’s performance score for purposes of determining the Performance of County Climate Resilience Investment (CCRI) Grant allocation for the Financial Year 2023/2024; (ii) half of the total envelope will be allocated on the basis of factors that reflect relative expenditure needs for climate action,

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(029) including the variables of a fixed share (33.3 percent), rural population (30 percent), rural area (13.3 percent), and poverty (23.3 percent), whereby the weights are based on the formula for allocating the share of the national revenue among counties. The other 50 percent of the envelope will be allocated on the basis of the scores for the performance measures, weighted with the basic allocation, such that two counties that have same score will receive the same relative increment as compared to the base allocation; and (iii) the Cabinet Secretary shall publish in the Gazette the allocations determined under sub- paragraph (ii); (m) conditional allocations financed by a grant from the German Development Bank (KfW) to finance Locally- Led Climate Action Program (FLLoCA)– (County Climate Resilience Grant) as set out in Column N of the Third Schedule. (7) The National Government's Expenditures on Devolved Functions converted to Additional Conditional Grants to each county government for the financial year 2023/2024 shall be as set out in Column E of the Fourth Schedule, comprising of— (a) conditional allocations under the Livestock Value Chain Support Project as set out in Column B of the Fourth Schedule; (b) conditional allocations under the De-Risking and Value Enhancement (DRIVE) project as set out in Column C of the Fourth Schedule; and (c) conditional allocations under the Kenya Marine Fisheries and Socio-Economic Development (KEMFSED) project as set out in Column D of the Fourth Schedule. (8) Each county government’s allocation under subsection (1) shall— (a) be transferred to the respective County Revenue Fund, in accordance with a payment schedule published in the Gazette by the Cabinet Secretary in accordance with section 17 of the Public Finance Management Act; and (b) only be accessed by each county government after meeting conditions set by the Cabinet Secretary responsible for that function at the beginning of the

No. 18 of 2012.

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(030) financial year. (9) A county governments’ allocation under subsection (2) shall be transferred to the respective County Revenue Fund in accordance with a payment schedule published in the Gazette by the Cabinet Secretary in accordance with section 17 of the Public Finance Management Act. (10) The county governments’ allocations under subsections (2), (4), (5), (6) and (7) shall, be included in the budget estimates of the National Government and shall be submitted to Parliament for approval. (11) Allocations shall not be included in the budget estimates under subsection (10) unless— (a) the National Government and the respective county governments have entered into an intergovernmental agreement in accordance with this Act; or (b) in the case of a loan or grant by a development partner, the Cabinet Secretary and the responsible development partner have agreed in writing that the funds shall be transferred to the county government.

No. 18 of 2012.

6. The Cabinet Secretary shall publish, by the 15th day

of each subsequent month, a monthly report on actual transfers of all conditional allocations to county governments disbursed pursuant to this Act. Report on actual transfers.

7. Each county treasury shall reflect all transfers of

conditional allocations by the National Government to the respective county government in its books of accounts. Books of accounts to reflect national government transfers.

8. A county treasury shall, as part of its consolidated

quarterly and annual reports required under the Public Finance Management Act, report on— (a) actual transfers received by the county government from the National Government, up to the end of that quarter or year in the format prescribed by the Public Sector Accounting Standards Board or in the absence of a format prescribed by the Board, in the format prescribed by the National Treasury; (b) the actual expenditure by the county government of the allocations made under section 5(2), (4), (5), (6) and (7); (c) the extent of compliance with the provisions of this Act and with the conditions of allocations as set out in the intergovernmental agreement entered into by the national government, the development partner and the county government; (d) an explanation of any material problems in the Reporting.

No. 18 of 2012.

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(031) expenditure of any allocations made under this Act or compliance with any conditions of allocations set out in an intergovernmental agreement; and (e) any other information that may be required by the relevant intergovernmental agreement.

9. The requirements under sections 191A to 191E of

the Public Finance Management Act shall not apply to the 2023/2024 and 2024/2025 financial years. Transition.

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(032)

FIRST SCHEDULE

(S. 5(5)) Conditional allocations to County Governments from National Government Revenue in Financial Year 2023/24 (Kenya Shillings)

S/N

o County

FY 2022/23

FY 2023/24

Total Conditional Grants from the National Government Revenue Supplement for Construction of County Headquarter s Conditional Grant for Aggregated Industrial Parks Programme Conditional Grant for Provision of Fertilizer Subsidy Programme Conditional Grant for transfer Library services Total Conditional Grants from the National Government Revenue

Column A Column B Column C Column D Column E Column F 1 Baringo 110,638,298 -

75,977,677 16,949,087

92,926,764 2 Bomet 110,638,298 - -

131,684,382

950,259

132,634,641 3 Bungoma 110,638,298 -

250,000,000

242,962,800

492,962,800 4 Busia 110,638,298 - 250,000,000

126,591,665

376,591,665 5 Elgeyo/Marakwe t 110,638,298 - -

63,970,782 429,373

64,400,155 6 Embu 110,638,298 - 250,000,000

110,930,145 2,201,693

363,131,838 7 Garissa 110,638,298 - 250,000,000

3,965,101 10,842,824 264,807,925 8 Homa Bay 110,638,298 -

250,000,000

165,917,803

415,917,803 9 Isiolo 150,638,298 60,000,000 -

2,501,812

1,831,422

64,333,234 10 Kajiado 110,638,298 - -

41,355,485

41,355,485 11 Kakamega 110,638,298 - -

289,728,678 4,657,791

294,386,469 12 Kericho 110,638,298 - -

131,255,114 9,297,833

140,552,947 13 Kiambu 110,638,298 - 250,000,000

159,665,074

409,665,074 14 Kilifi 110,638,298 - -

134,390,478 4,533,621

138,924,099 15 Kirinyaga 110,638,298 - 250,000,000

117,510,449

367,510,449 16 Kisii 110,638,298 - -

186,645,942

186,645,942 17 Kisumu 110,638,298 - -

120,042,858 10,494,779 130,537,637 18 Kitui 110,638,298 - -

179,499,580

179,499,580 19 Kwale 110,638,298 - -

90,011,220

90,011,220 20 Laikipia 110,638,298 - -

66,899,161 9,648,691

76,547,852 21 Lamu 132,638,298 48,840,000 -

13,675,370

62,515,370 22 Machakos 110,638,298 - 250,000,000

195,350,986

445,350,986 23 Makueni 110,638,298 - -

162,562,856 11,273,357 173,836,213 24 Mandera 110,638,298 - -

13,777,962

Conditional allocations to County Governments from National Government Revenue in Financial Year 2023/24 (Kenya Shillings)

S/N

o County

FY 2022/23

FY 2023/24

Column A Column B Column C Column D Column E Column F 25 Marsabit 110,638,298 - -

2,389,320

2,389,320 26. Meru 110,638,298 - 250,000,000

225,426,721 12,902,906

488,329,627 27. Migori 110,638,298 - 250,000,000

144,621,807

394,621,807 28. Mombasa 110,638,298 - 250,000,000

6,495,711 5,635,387

262,131,098 29. Murang'a 110,638,298 - 250,000,000

197,960,790 4,936,010

452,896,800 30. Nairobi 110,638,298 - -

14,721,991

14,721,991 31. Nakuru 110,638,298 - 250,000,000

234,883,209

484,883,209 32. Nandi 110,638,298 - 250,000,000

128,705,606

378,705,606 33. Narok 110,638,298 - -

135,373,204 4,281,875

139,655,079 34. Nyamira 110,638,298 - 250,000,000

92,563,428

342,563,428 35. Nyandarua 169,638,298 121,000,000 -

121,624,039

242,624,039 36. Nyeri 110,638,298 - -

138,968,433 17,519,215

156,487,648 37. Samburu 110,638,298 - -

12,431,664

12,431,664 38. Siaya 110,638,298 - 250,000,000

166,455,063 7,474,485

423,929,548 39. Taita Taveta 110,638,298 - -

43,540,521 6,878,208 50,418,729 40. Tana River 152,638,298 121,000,000 -

15,049,566

136,049,566 41. Tharaka Nithi 110,638,298 103,160,000 -

71,299,830

174,459,830 42. Trans Nzoia 110,638,298 - 250,000,000

116,941,692

366,941,692 43. Turkana 110,638,298 - -

12,815,035

12,815,035 44. Uasin Gishu 110,638,298 - 250,000,000

118,799,152 10,688,405

379,487,557 45. Vihiga 110,638,298 -

97,662,444

97,662,444 46. Wajir 110,638,298 -

2,235,432 9,421,475 11,656,907 47. West Pokot 110,638,298 - -

72,161,965

TOTAL

5,363,000,00 6 454,000,000 4,500,000,00 0

5,000,000,00 0 162,848,69 0 10,116,848,69 0

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WEDNESDAY, FEBRUARY 21, 2024

(034) SECOND SCHEDULE (s. 5(2), (4)) Unconditional allocations to County Governments from Court Fines and Minerals Royalties in Financial Year 2023/24 (Kenya Shillings)

FY 2022/23

FY 2023/24

Total Unconditional Grants from the National Government Revenue Allocations for Court Fines Allocation for Mineral Royalties Total Unconditional Allocations

S/No. County Column A Column B Column C Column D

1. Baringo

- - 20,355.33 20,355.33

2. Bomet

- - - -

3. Bungoma

- - - -

4. Busia

- - - -

5. Elgeyo/Marakwet

- - - -

6. Embu

- - 2,142.00 2,142.00

7. Garissa

- - 844,691.51 844,691.51

8. Homa Bay

- - - -

9. Isiolo

- - 348,836.89 348,836.89

10. Kajiado

- - 660,242,991.11 660,242,991.11

11. Kakamega

- - 16,554.80 16,554.80

12. Kericho

- - - -

13. Kiambu

- 5,084,684.00 10,139,863.43 15,224,547.43

14. Kilifi

- - 950,062,289.87 950,062,289.87

15. Kirinyaga

- - 100.00 100.00

16. Kisii

- - 682,562.10 682,562.10

17. Kisumu

- 233,000.00 - 233,000.00

18. Kitui

- 50,000.00 336,118.16 386,118.16

19. Kwale

- - 1,166,507,885.86 1,166,507,885.86

20. Laikipia

- 1,515,334.00 - 1,515,334.00

21. Lamu

- - - -

22. Machakos

- 14,436,324.00 99,716.30 4,536,040.30

23. Makueni

- - 99,856.62 99,856.62

24. Mandera

- - 1,028.00 1,028.00

25. Marsabit

- - 1,724,590.43 1,724,590.43

26. Meru

- - 32,900.66 32,900.66

27. Migori

- 974,165.00 3,125,407.99 4,099,572.99

28. Mombasa

- 13,428,433.00 18,830.01 13,447,263.01

29. Murang'a

- - - -

30. Nairobi

- 70,740,842.00 3,884.40 70,744,726.40

31. Nakuru

- 1,948,197.00 82,769.16 2,030,966.16

32. Nandi

- - 55,110,900.60 55,110,900.60

33. Narok

- - 27,206,335.68 27,206,335.68

34. Nyamira

- - - -

35. Nyandarua

- - - -

36. Nyeri

- 250,000.00 - 250,000.00

SECOND SCHEDULE (s. 5(2), (4)) Unconditional allocations to County Governments from Court Fines and Minerals Royalties in Financial Year 2023/24 (Kenya Shillings)

FY 2022/23

FY 2023/24

Total Unconditional Grants from the National Government Revenue Allocations for Court Fines Allocation for Mineral Royalties Total Unconditional Allocations

S/No. County Column A Column B Column C Column D

37. Samburu

- - 905,744.35 905,744.35

38. Siaya

- - 259,151.57 259,151.57

39. Taita Taveta

- - 51,756,325.95 51,756,325.95

40. Tana River

- - 10,623.96 10,623.96

41. Tharaka Nithi

- - 42,999.97 42,999.97

42. Trans Nzoia

- - - -

43. Turkana

- - 141,279.08 141,279.08

44. Uasin Gishu

- - 5,090,268.62 5,090,268.62

45. Vihiga

- - - -

46. Wajir

- - 4,493.00 4,493.00

47. West Pokot

- - 1,650.20 1,650.20

TOTAL

- 108,660,979.00 2,934,923,147.60 3,043,584,126.60

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(036)

THIRD SCHEDULE

(s. 5(6)) Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures in Kenya Shillings) S/ N O

2022/23 FY

2023/24 FY

COUNTY

Total Loans and Grants for FY 2022/23 IDA (World Bank) credit (National Agricultural and Rural Inclusive Growth Project (NARIGP) IDA (World Bank) credit National Agricultural Value Chain Development Project (NAVCDP) IDA (World Bank) credit: Water & Sanitation Development Project (WSDP) DANIDA Grant - Primary Health Care in Devolved Context IDA (World Bank) Credit (Financing Locally- Led Climate Action (FLLoCA) Program, County Climate Institutional Support (CCIS)Grant Sweden- Agricultural Sector Development Support Programme

(ASDSP) II

German Development Bank (KfW)- Drought Resilience Programme in Northern Kenya (DRPNK) World Bank - Emergency Locust Response Project (ELRP) World bank - Kenya Informal Settlement Improvement Project

(KISIP II)

Kenya Livestock Commercialization Project (KELCLOP)

Aquaculture Business Development Project (ABDP) IDA (World Bank) Credit (Financing Locally- Led Climate Action (FLLoCA) Program, County Climate Resilience Grant

(CCRG)*

Germany Development Bank (KfW) Loan for Financing Locally- Led Climate Action (FLLoCA) Program County Climate Change Resilience Grant - CCRIG)** Total Loans and Grants for FY 2023/24

Column A Column B Column C

Colu mn D Colu mn E Column F Column G Colum n H Column I Column J Column K Column L Column M Column N Column P 1 Baringo 220,999,360 - - - 9,297,7 50 11,000,000 1,733,647 - 126,616,044 - 36,500,000 - - - 185,147,441 2 Bomet 210,828,615 - 200,000,00 0 - 10,04 8,500 11,000,00 0 1,716,655 - - - -

- - 222,765,155 3 Bungoma 256,762,319 60,000,000 200,000,00 0 - 16,22 7,750 11,000,00 0 593,849 - - 82,599,830 34,500,00 0 - - - 404,921,429 4 Busia 261,070,587 - 200,000,00 0 - 10,97 2,500 11,000,00 0 2,450,905 - - - 30,500,00 0 22,585,56 0 - - 277,508,965 5 Elgeyo Marakwet 215,638,157 - - - 7,045 ,500 11,000,00 0 1,042,262 - 138,144,044 94,224,456 36,500,00 0 - - - 287,956,262 6 Embu 360,933,552 5,000,000 200,000,00 0 - 7,854 ,000 11,000,00 0 961,306 - 106,400,361 - - 10,237,55 1 - - 341,453,218 7 Garissa 630,550,225 - - 600,0 00,00 0 12,82 0,500 11,000,00 0 3,047,337 - 169,365,353 - - - - - 796,233,190 8 Homa Bay 331,552,504 5,000,000 200,000,00 0 - 12,30 0,750 11,000,00 0 2,659,580 - - 430,000,000 - 12,909,42 2 - - 673,869,752 9 Isiolo 401,955,171 - - - 7,738 ,500 11,000,00 0 2,188,644 - 188,968,553 - - - - - 209,895,697 10 Kajiado 131,205,935 - 200,000,00 0 - 11,72 3,250 11,000,00 0 1,085,811 - - 100,000,000 - 10,509,64 3 - - 334,318,704 11 Kakamega 289,429,131 - 200,000,00 0 - 18,99 9,750 11,000,00 0 1,254,212 - - 140,000,000 30,500,00 0 24,417,12 5 - - 426,171,087 12 Kericho 193,578,632 - 200,000,00 0 - 9,817 ,500 11,000,00 0 1,027,779 - - - - - - - 221,845,279 13 Kiambu 417,141,278 70,000,000 200,000,00 0 - 17,20 9,500 11,000,00 0 2,583,952 - - 200,000,000 - 19,395,53 1 - - 520,188,983 14 Kilifi 1,432,906,840 5,000,000 200,000,00 0 1,300 ,000, 000 19,05 7,500 11,000,00 0 1,248,343 - - 250,000,000 - - - - 1,786,305,843 15 Kirinyaga 294,835,827 5,000,000 200,000,00 0 - 7,738 ,500 11,000,00 0 900,970 - - - - 13,779,25 9 - - 238,418,729 16 Kisii 301,793,207 5,000,000 200,000,00 0 - 14,20 6,500 11,000,00 0 1,168,601 - - - - 21,486,57 5 - - 252,861,676 17 Kisumu 321,169,783 - 200,000,00 0 - 12,47 4,000 11,000,00 0 536,771 - - 300,000,000 - 15,407,24 4 - - 539,418,015 18 Kitui 374,080,509 5,000,000 200,000,00 0 - 16,11 2,250 11,000,00 0 1,292,965 - 133,683,244 - - - - - 367,088,459 19 Kwale 826,196,478 5,000,000 200,000,00 0 900,0 00,00 0 14,20 6,500 11,000,00 0 611,669 - - 112,211,667 - - - - 1,243,029,836 20 Laikipia 121,371,954 - - - 7,623 ,000 11,000,00 0 1,933,282 - - - - - - - 20,556,282 21 Lamu 102,529,473 - - - 4,735 ,500 11,000,00 0 1,622,700 - - 150,000,000 - - - - 167,358,200 22 Machakos 273,245,808 - 200,000,00 0 - 14,14 8,750 11,000,00 0 1,761,966 - 105,095,561 - - 12,262,43 8 - - 344,268,715 23 Makueni 314,007,349 60,000,000 200,000,00 0 - 13,51 3,500 11,000,00 0 601,751 - - - - - - - 285,115,251 24 Mandera 250,006,419 - - - 18,65 3,250 11,000,00 0 2,257,207 - 180,282,153 - - - - - 212,192,610 25 Marsabit 398,076,912 - - - 12,35 8,500 11,000,00 0 1,431,190 300,00 0,000 195,679,753 - 37,500,00 0 - - - 557,969,443 26 Meru 421,288,012 5,000,000 200,000,00 0 - 14,66 8,500 11,000,00 0 1,105,100 - 121,171,561 67,546,296 - 23,306,98 4 - - 443,798,441 27 Migori 315,785,957 5,000,000 200,000,00 0 - 12,35 8,500 11,000,00 0 1,120,452 - - - - 13,617,78 5 - - 243,096,737 28 Mombasa 724,317,035 - - 1,000 ,000, 000 12,87 8,250 11,000,00 0 512,539 - - 320,000,000 - - - - 1,344,390,789 29 Murang’a 328,840,184 5,000,000 200,000,00 0 - 11,49 2,250 11,000,00 0 1,899,127 - - - - - - - 229,391,377 30 Nairobi City 204,781,620 - - - 29,04 8,250 11,000,00 0 3,507,770 - - 400,000,000 - - - - 443,556,020 31 Nakuru 522,398,243 5,000,000 200,000,00 0 - 19,11 5,250 11,000,00 0 583,629 - - 250,000,000 34,800,00 0 - - - 520,498,879 32 Nandi 380,965,571 35,000,000 200,000,00 0 - 9,759 ,750 11,000,00 0 516,946 - - 75,748,004 - - - - 332,024,700 33 Narok 373,384,611 5,000,000 200,000,00 0 - 14,66 8,500 11,000,00 0 1,119,636 - - - - - - - 231,788,136 34 Nyamira 225,758,466 100,000,000 200,000,00 0 - 8,778 ,000 11,000,00 0 531,293 - - 112,082,214 - - - - 432,391,507 35 Nyandarua 215,234,247 - 200,000,00 0 - 8,893 ,500 11,000,00 0 499,617 - - 117,308,355 - - - - 337,701,472 36 Nyeri 282,137,853 - 200,000,00 0 - 9,875 ,250 11,000,00 0 1,741,641 - - 135,648,946 - 19,315,14 6 - - 377,580,983 37 Samburu 330,038,486 5,000,000 - - 8,431 ,500 11,000,00 0 2,793,523 - 200,970,153 - 37,500,00 0 - - - 265,695,176

Conditional Allocations from proceeds of loans or grants from Development Partners for Financial Year 2023/24 (Figures in Kenya Shillings) S/ N O

2022/23 FY

2023/24 FY

COUNTY

(ASDSP) II

German Development Bank (KfW)- Drought Resilience Programme in Northern Kenya (DRPNK) World Bank - Emergency Locust Response Project (ELRP) World bank - Kenya Informal Settlement Improvement Project

(KISIP II)

Kenya Livestock Commercialization Project (KELCLOP)

Aquaculture Business Development Project (ABDP) IDA (World Bank) Credit (Financing Locally- Led Climate Action (FLLoCA) Program, County Climate Resilience Grant

(CCRG)*

Germany Development Bank (KfW) Loan for Financing Locally- Led Climate Action (FLLoCA) Program County Climate Change Resilience Grant - CCRIG)** Total Loans and Grants for FY 2023/24

Column A Column B Column C

Colu mn D Colu mn E Column F Column G Colum n H Column I Column J Column K Column L Column M Column N Column P 38 Siaya 127,677,482 - 200,000,00 0 - 10,56 8,250 11,000,00 0 1,037,537 - - - 30,500,00 0 13,838,47 3 - - 266,944,260 39 Taita Taveta 855,426,510 - 200,000,00 0 950,0 00,00 0 7,738 ,500 11,000,00 0 1,991,302 - - 60,000,000 - - - - 1,230,729,802 40 Tana River 207,230,277 - 200,000,00 0 - 10,68 3,750 11,000,00 0 1,296,539 - - - - - - - 222,980,289 41 Tharaka Nithi 264,103,837 - 200,000,00 0 - 7,161 ,000 11,000,00 0 1,785,670 - 105,805,161 92,630,231 - 12,810,38 4 - - 431,192,446 42 Trans Nzoia 364,997,911 5,000,000 200,000,00 0 - 10,51 0,500 11,000,00 0 1,051,336 - - 300,000,000 35,500,00 0 - - - 563,061,836 43 Turkana 570,438,214 5,000,000 - - 19,23 0,750 11,000,00 0 3,845,117 465,00 0,000 220,986,953 - - - - - 725,062,820 44 Uasin Gishu 258,281,182 - 200,000,00 0 - 11,55 0,000 11,000,00 0 1,022,165 - - 530,000,000 - - - - 753,572,165 45 Vihiga 199,126,283 10,000,000 200,000,00 0 - 8,489 ,250 11,000,00 0 490,847 - - - - - - - 229,980,097 46 Wajir 804,570,030 - - 600,0 00,00 0 15,59 2,500 11,000,00 0 3,901,152 - 178,454,153 180,000,000 - - - - 988,947,805 47 West Pokot 250,674,252 - - - 9,124 ,500 11,000,00 0 2,730,960 - 131,007,244 - - - - - 153,862,704

TOTAL

17,159,322,284 410,000,000 6,600,000, 000 5,350 ,000, 000 577,5 00,00 0 517,000,0 00 72,797,25 3 765,00 0,000 2,302,630,2 89 4,500,000,0 00 344,300,0 00 245,879,1 20 6,187,500 ,000 1,200,000,0 00 29,072,606,66 1 *The FLLoCA-(CCRI) Grant is to be allocated among County Governments on the basis of the criteria in section 5(6)(l) of the County Government Additional Allocations Act, 2023. **Germany Development Bank (KfW) Loan for Financing Locally- Led Climate Action (FLLoCA) Program County Climate Change Resilience Grant - CCRIG Loan is to be allocated among Sixteen (16) County Governments on the basis of the criteria in section 5(6)(m) of the County Government Additional Allocations Act, 2023. The Counties to be allocated the Ksh.1.2 billion include; Trans- Nzoia,Uasin-Gishu, Elgeyo-Marakwet, Nandi, Kericho, Bomet, Kakamega, Vihiga, Bungoma, Busia, Siaya, Kisumu, Homa Bay, Migori, Kisii and Nyamira .

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(038)

FOURTH SCHEDULE (S. 5(7))

National Government's Expenditures on Devolved Functions to be converted to Additional Conditional Grants to the County Governments for Financial Year 2023/24 (Figures in Kenya Shillings) S/ N O. County

FY

2022/23 Devolved Functions converted to Additional Condition al Grants to the County Governme nts Livestock Value Chain Support Project De- Risking and Value Enhancem ent

(DRIVE)

Kenya Marine Fisheries and Socio- Economic Developm ent

(KEMFSE

D) Totals

Column A Column B Column C Column D Column E 1 Baringo - 28,647,360 63,341,980

91,989,340 2 Bomet - 57,294,720

57,294,720 3 Bungoma - 35,809,200

35,809,200 4 Busia - 14,323,680

14,323,680 5 Elgeyo Marakwet - 35,809,200

35,809,200 6 Embu - 35,809,200

35,809,200 7 Garissa - - 128,454,980

128,454,980 8 Homa Bay - 14,323,680

14,323,680 9 Isiolo - - 155,341,980

155,341,980 10 Kajiado - 28,647,360 96,691,980

125,339,340 11 Kakamega - 57,294,720

57,294,720 12 Kericho - 71,618,400

71,618,400 13 Kiambu - 149,092,20 0

149,092,200 14 Kilifi - 14,323,680 63,341,980 98,880,952 176,546,612 15 Kirinyaga - 35,809,200

35,809,200 16 Kisii - 35,809,200

35,809,200 17 Kisumu - 14,323,680

14,323,680 18 Kitui - 14,323,680 63,341,980

77,665,660 19 Kwale - - 63,341,980 100,730,26 0 164,072,240 20 Laikipia - 28,647,360 90,941,980

119,589,340 21 Lamu - - 63,341,980 48,764,809 112,106,789 22 Machakos - 35,809,200

35,809,200 23 Makueni - 21,485,520 63,341,980

84,827,500 24 Mandera - - 72,541,980

72,541,980 25 Marsabit - - 95,541,980

95,541,980 26 Meru - 99,394,800 63,341,980

162,736,780

FY

2022/23 Devolved Functions converted to Additional Condition al Grants to the County Governme nts Livestock Value Chain Support Project De- Risking and Value Enhancem ent

(DRIVE)

Kenya Marine Fisheries and Socio- Economic Developm ent

(KEMFSE

D) Totals

Column A Column B Column C Column D Column E 27 Migori - 14,323,680

14,323,680 28 Mombasa - -

39,346,299 39,346,299 29 Murang’a - 71,618,400

- 71,618,400 30 Nairobi City - -

- 31 Nakuru - 121,315,80 0

121,315,800 32 Nandi - 57,294,720

57,294,720 33 Narok - 35,809,200 63,341,980

99,151,180 34 Nyamira - 28,647,360

28,647,360 35 Nyandarua - 135,204,00 0

135,204,000 36 Nyeri - 71,182,920

71,182,920 37 Samburu - - 207,839,480

207,839,480 38 Siaya - 14,323,680

14,323,680 39 Taita Taveta - 21,485,520 63,341,980

84,827,500 40 Tana River - 14,323,680 226,457,980 33,164,181 273,945,841 41 Tharaka Nithi - 28,647,360 63,341,980

91,989,340 42 Trans Nzoia - 71,618,400

71,618,400 43 Turkana - - 215,141,980

215,141,980 44 Uasin Gishu - 99,830,280

99,830,280 45 Vihiga - 14,323,680

14,323,680 46 Wajir - - 179,790,980

179,790,980 47 West Pokot - 14,323,680 63,341,980

77,665,660

TOTAL

- 1,642,868, 400 2,165,507,0 80 320,886,50 1 4,129,261,981

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(040)

II. THE

AFFORDABLE

HOUSING

BILL

(NATIONAL

ASSEMBLY BILL NO. 75 OF 2023)

1) Notice is given that Chairperson of the Departmental Committee on Finance and National Planning and the Chairperson of the Departmental Committee on Housing, Urban Planning and Public Works intend to move the following amendments to the Affordable Housing Bill, 2023 at the Committee Stage—

LONG TITLE

THAT, the Bill be amended by deleting the long title and substituting therefor the following new long title— “AN ACT of Parliament to give effect to Article 43(1)(b) of the Constitution; to provide a framework for development and access to affordable housing and institutional housing; and for connected purposes”

CLAUSE 2

THAT, clause 2 of the Bill be amended — (a) in subclause (1) −

(i) in the definition of the term “collector” by deleting paragraph (b);

(ii) by inserting the following new definition in its proper alphabetical sequence— “institutional housing” means housing that is adequate and affordable for public institutions such as universities, colleges, police, defence forces, government pool housing and prisons; (b) in subclause (2)−

(i) in paragraph (a) by deleting the words “between eighteen and thirty” appearing immediately after the words “plinth area of” and substituting therefor the words “at least eighteen”;

(ii) in paragraph (b) by deleting the words “between thirty-six and eighty” appearing immediately after the words “plinth area of” and substituting therefor the words “at least thirty”;

(iii) by deleting paragraph (c) and substituting the following new paragraph— (c) affordable middle class housing unit with a plinth area of at least eighty square metres for middle to high income housing targeted at persons whose monthly income is over one hundred and forty-nine thousand shillings.

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WEDNESDAY, FEBRUARY 21, 2024

(041)

CLAUSE 3

THAT, clause 3 of the Bill be amended— (a) in paragraph (a) by inserting the words “and to reasonable standards of sanitation” at the end of the paragraph; (b) in paragraph (b) by inserting the words “and institutional housing” at the end of the paragraph; (c) in paragraph (c) by inserting the words “and institutional housing” at the end of the paragraph.

CLAUSE 5

THAT, clause 5 of the Bill be amended— (a) by numbering the existing provision as “1”; and

(b) by inserting the following new sub clause immediately after the renumbered sub clause (1)—

(2) Without prejudice to the generality of section 6, any business or company which complies with the provisions of section 5 shall not be liable to pay the levy under section 4(2) (b).

CLAUSE 7

THAT, the Bill be amended by deleting and substituting therefor the following new clause—

Debt recovery.

No. 29 of 2015

7. The levy shall be a debt due to the Government

and shall be recoverable in accordance with the Tax Procedures Act, 2015.

CLAUSE 9

THAT, clause 9 of the Bill be amended— (a) by numbering the existing provision as “1”; (b) by inserting the following new paragraph immediately after paragraph (c)-

(ca) voluntary contributions made under section 38;

(c) by inserting the following new sub clause immediately after the renumbered sub clause (1)— (2) Without prejudice to the generality of subsection 1(d) and (e), all of the proceeds of sale, rent, and interest shall be paid into the Fund.

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(042)

CLAUSE 10

THAT, clause 10 of the Bill be amended—

(a) in subclause (1) by inserting the words “, institutional housing” immediately after the words “affordable housing”;

(b) in subclause (2)— (i) by deleting the words “in all counties” appearing in paragraph (c);

(ii) by inserting a new paragraph immediately after paragraph (c)— “(d) facilitate development of institutional housing units;”

CLAUSE 11

THAT, the Bill be amended by deleting clause 11 of the Bill and substituting therefor the following new clauses— Allocations out of the Fund.

11. (1) The Board may allocate out of the Fund, monies for the-

(a) development and off-take of affordable housing programmes and projects; and (b) development of institutional housing. (2) The monies may be allocated subject to the annual investment programme under section 11 B and the provisions of Part IIIA to the agencies set out in the Third Schedule. (3) The monies may be allocated to county governments in accordance with the Public Finance Management Act, 2012 and on such conditions as may be prescribed by the Cabinet Secretary for the time being responsible for the National Treasury.

(4) Despite the provisions of subsection (2), the Board shall allocate out of the Fund—

(a) up to two percent of the monies to the collector for the collection of the Levy as may be approved by the Cabinet Secretary for the time being responsible for the National Treasury on the recommendation of the Cabinet Secretary; and

(b) up to two percent of the monies to the Board for the administration of the Fund as may be approved by the Cabinet Secretary for the time being responsible for the National Treasury on the recommendation of the Cabinet Secretary.

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024 (043)

(5) The Third Schedule may be amended by notice in the Gazette.

Five-year affordable housing investment programme. 11A. (1) The Board shall develop a five-year affordable housing investment programme every five years.

(2) The Board shall submit the affordable housing investment programme referred to in subsection (1) to the Cabinet Secretary and the Cabinet Secretary for the time being responsible for the National Treasury for onward transmission to the Cabinet for approval.

(3) Upon approval of the affordable housing investment programme by the Cabinet, the Cabinet Secretary shall submit the approved affordable housing investment programme to the National Assembly.

Annual investment programme. 11B. (1) The Board shall prepare an annual investment programme drawn from the five-year affordable housing investment programme which shall include—

(a) the proposed affordable housing projects; (b) the proposed institutional housing projects; (c) the proposed allocation of monies out of the Fund; (d) the proposed implementing agencies as set out in the Third Schedule.

(2) The Board shall submit the annual investment programme referred to in subsection (1) to the Cabinet Secretary.

(3) The Cabinet Secretary shall submit the annual investment programme to the National Assembly for approval before disbursing funds out of the Fund.

CLAUSE 12

THAT, clause 12 of the Bill be amended –

(a) in sub clause (3) (e) by inserting the words “through a competitive process” immediately after the word “appointed”;

(b) by inserting the following new subclause immediately after subclause 4—

“(4A) In appointing the members of the Board, the Cabinet Secretary shall—

(a) ensure that not more than two-thirds of the members are of the same gender; (b) take into account regional balance; (c) consider special and marginalized groups including youth, women and persons with disability.”

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(044)

CLAUSE 13

THAT, clause 13 of the Bill be amended—

(a) by deleting subclause (1) and substituting therefor the following new subclause—

“(1) The object and purpose for which the Board is established is to oversee the development of affordable housing, institutional housing and associated social and physical infrastructure in Kenya.”

(b) in subclause (2)— (i) in paragraph (a) by deleting the words “maintenance, rehabilitation and” and inserting the words “,institutional housing” immediately after the words “affordable housing”;

(ii) by deleting paragraph (c) and substituting therefor the following new paragraph—

“(c) based on a five-year affordable housing investment programme and annual affordable housing investment programme, determine the allocation of financial resources required for the development of the affordable housing projects, institutional housing and associated social and physical infrastructure;”

(iii) by deleting paragraph (e);

(iv) by deleting paragraph (f);

(v) in paragraph (i) by deleting the words “, rehabilitation and maintenance” and inserting the words “, institutional housing” immediately after the words “and projects”

CLAUSE 14

THAT, clause 14 of the Bill be amended in sub clause (1) by deleting the words “housing, banking” and substituting therefor the words “built environment, finance”.

CLAUSE 21

THAT, clause 21 of the Bill be amended by deleting sub clause (2) and substituting therefor the following new clause—

“(2) A person qualifies to be appointed as the Chief Executive Officer if that person— (a) holds a degree from a university recognized in Kenya; (b) has at least ten years’ experience in a managerial capacity in built environment, finance, or law.”

CLAUSE 22

THAT, clause 22 (2) of the Bill be amended—

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(045) (a) by deleting paragraph (b) and substitute therefore the following new paragraph-

(b) preparing the annual work plan for the Fund for approval by the Board;

(b) by inserting the following new paragraphs after paragraph (j)− “(ja) subject to approval of the Board, authorise withdrawals out of the Fund; (jb) ensure that money held in the Fund, including any earnings or accruals is spent only for the purpose for which the Fund is established;”

NEW PART

THAT, the Bill be amended by inserting the following part immediately after Part III-

PART IIIA—IMPLEMENTATION OF THE AFFORDABLE

HOUSING

Allocation of land. 29A. The provisions of the Land Act, 2012 shall apply with regard to allocation of national or county government land. Agreement with national government agency. 29B. (1) The Fund may appoint a national government agency to develop affordable housing units and the associated social and physical infrastructure. (2) Subject to the Public Finance Management Act, 2012, the Fund may disburse such monies to the national government agency for the performance of the functions under sub-section (1). Agreement for institutional housing. 29C. The Fund may enter into an agreement with a public institution for - (a) the development of institutional housing units; and (b) the repayment of the monies paid out of the Fund for the development of the institutional housing units. Agreement with private institutions. 29D. The Fund may enter into an agreement with a private institution to develop and construct affordable housing units and the associated social and physical infrastructure. Agreement for financing 29E. (1) The Fund may enter into an agreement with any approved institution or mortgage scheme to provide financing for the off-take of affordable housing units. (2) Subject to the Public Finance management Act, 2012, the Fund may disburse such monies to the approved institution as may be necessary for the performance of the function under sub-section (1). Community support 29F. In the development of affordable housing units, the Board shall- (a) as far as possible ensure locally available materials are used;

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(046)

(b) ensure labour is sourced from the local communities; (c) where a project is near a university or technical vocational institution ensure that the students get internships or practical experience from the projects where affordable housing projects are carried out.

CLAUSE 30

THAT, the Bill be amended by deleting clause 30 and substituting therefor the following new clause- Eligibility criteria

30. A person or body corporate shall be eligible to be allocated an

affordable housing unit subject to the requirements under section 31.

CLAUSE 31

THAT, clause 31 be amended- (a) in subsection (1) by deleting the words “ to the relevant agency in a manner specified by that agency” and substitute therefor the words “to the Board in the specified manner.” (b) in subsection (2) by- (i) deleting paragraph (a) and substituting therefor the following new paragraph (a) – (a) proof of requisite deposit as maybe prescribed by the Cabinet Secretary; (ii) inserting the words “or such other form of identification as may be prescribed by the Cabinet Secretary” immediately after the word “identity card” in paragraph (b); (iii) inserting the following new paragraph immediately after paragraph (b)- (ba) copy of incorporation certificate in the case of a body corporate; (c) in subsection (3) deleting the words “relevant agency” and substitute therefor the word “Board”.

CLAUSE 32

THAT, clause 32 of the Bill be amended by deleting the words “relevant agency “ and substitute therefor the word “Board”, wherever it appears.

CLAUSE 33

THAT, the Bill be amended by deleting clause 33.

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(047)

CLAUSE 34

THAT, the Bill be amended by deleting clause 34.

CLAUSE 35

THAT, the Bill be amended by deleting clause 35.

CLAUSE 36

THAT, the Bill be amended by deleting the words “as follows— (a) for social housing units, up to three percent or an administrative fee of an equivalent amount; (b) for affordable housing units, up to three percent or an administrative fee of an equivalent amount; and (c) for affordable market housing units, up to nine percent or an administrative fee of an equivalent amount.” and substituting therefor the words “at such rate as maybe prescribed by the Cabinet Secretary.”

CLAUSE 37

THAT, the Bill be amended by deleting clause 37.

CLAUSE 38

THAT, the Bill be amended in clause 38 by − (a) deleting the word “ an agency” in subsection (1) and substitute therefore the word “ the Fund”; (b) deleting the word “An agency” appearing in subsections (2) and (3) and substituting therefore the words “The Administrator of the Fund”.

CLAUSE 39

THAT, clause 39 be amended by deleting subsection (4).

CLAUSE 40

THAT, the Bill be amended by deleting clause 40 and substituting therefor the following new clause— Misappropriation of funds of the Fund.

40. (1) A person commits an offence if the person

misappropriated any funds or assets of the Fund, or assists or causes any person to misappropriate or apply the funds otherwise than in the manner provided in this Act.

(2) A person who contravenes the provisions of subsection (1) shall be liable, on conviction—

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024 (048)

(a) to a fine not exceeding ten million shillings or imprisonment of a term not exceeding five years, or to both; and

(b) an additional mandatory fine if, as a result of the conduct that constituted the offence, the person received a quantifiable benefit or any other person suffered a quantifiable loss.

(3) The mandatory fine referred to in subsection (2)(b) shall be determined as follows—

(a) the mandatory fine shall be equal to two times the amount of the benefit or loss described in subsection (2)(b);

(b) if the conduct that constituted the offence resulted in both a benefit and loss described in subsection (2)(b), the mandatory fine shall be equal to two times the sum of the amount of the benefit and the amount of the loss.

NEW CLAUSE

THAT, the Bill be amended by inserting the following new clause immediately after clause 40— Other offences. 40A. (1) A person commits an offence if the person--

(a) fails to give information or gives inaccurate or misleading information or falsifies information or misrepresents information required under this Act;

(b) having possession of, or control over, or access to any documents, information, returns or forms relating to applications or granting of loans, communicates anything contained therein—

(i) to any person other than a person to whom he is authorized by the Board to communicate it; or

(ii) otherwise than for the purposes of this Act.

(2) A person who contravenes the provisions of subsection (1) shall be liable, on conviction to a fine not exceeding ten million shillings or imprisonment of a term not exceeding five years, or to both.

CLAUSE 42

THAT, clause 42 (2) of the Bill be amended by inserting the following new paragraphs immediately after paragraph (a)-

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(049) (ab) requisite deposit for the housing under section 31(2); (ac) identification documents under section 31; (ad) regulations under Part IIIA.

CLAUSE 43

THAT, the Bill be amended in clause 43 by deleting subsection (1) and substituting the following subsection- (1) The Acts specified in the First column of the second schedule are amended in the manner specified in the second column.

NEW SCHEDULES

THAT, the Bill be amended by renumbering the existing schedule as “First Schedule” and inserting the following news schedule immediately the “First Schedule”- SECOND SCHEDULE (s. 43)

CONSEQUENTIAL AMENDMENTS

ACT

SECTION

AMENDMENTS

The Employment Act (No. of 2007)

S. 31B

Repeal

s. 31C Repeal The Income Tax Act (Cap. 470) s. 15 (2) Insert the following new paragraph immediately after paragraph (g)-

(ga) expenditure incurred by a person carrying on a business in payment of Affordable Housing Levy as provided under section 5 (b) of the Affordable Housing Act, 2024

s. 30A Insert the following subsection immediately after sub-section (1)- (1A) A resident individual who proves that in a year of income, the individual paid the affordable housing levy, shall for that year of income be entitled to the affordable housing relief

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(050)

Third Schedule, paragraph 9 Delete the word “three” and substitute therefor with the words one point five” The Kenya Revenue Act (No.2 of 1995) First Schedule, Part

II

Insert the following paragraph immediately after paragraph 14; “15. The Affordable Housing Act, 2024”

THIRD SCHEDULE

(s. 11)

LIST OF AGENCIES FOR IMPLEMENTING THE AFFORDABLE

HOUSING PROGRAMMES AND PROJECTS

1. County governments.
2. National Housing Corporation.
3. The Kenya Slum Upgrading, Low-Cost Housing and Infrastructure Trust Fund

established under the Government Financial Management (Kenya Slum Upgrading, Low-Cost Housing and Infrastructure Trust Fund) Regulations 2006.

4. State Department responsible for matters relating to affordable housing.
5. National Social Security Fund.
6. The private sector agencies as may be approved by the Board to support

affordable housing and institutional housing.

2) Notice is given that the Member for Githunguri (Hon. Gathoni Wamuchomba) intends to move the following amendments to the Affordable Housing Bill, 2023 at the Committee Stage—

TITLE

THAT, the title of the Bill be amended by inserting the word “SOCIAL” immediately after the word “AFFORDABLE”.

CLAUSE 2

THAT, clause 2 of the Bill be amended—

(a) in subclause (1)— (i) by deleting the definition “Levy”; (ii) by deleting the definition “Board”; (iii) by deleting the definition “Chief Executive Officer”; (iv) by inserting the following definition in its proper alphabetical sequence— “Corporation” has the meaning assigned to it under the Housing Act;

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WEDNESDAY, FEBRUARY 21, 2024

(051)

(b) in subclause (2)—

(i) in paragraph (b) by deleting the words “thirty-six” appearing immediately after the words “a plinth area of between” and substituting therefor the words “thirty”; (ii) by deleting paragraph (c).

CLAUSE 3

THAT, clause 3 of the Bill be amended in subclause (1) by deleting paragraph (c).

CLAUSE 4

THAT, clause 4 of the Bill be deleted.

CLAUSE 5

THAT, clause 5 of the Bill be deleted.

CLAUSE 6

THAT, clause 6 of the Bill be deleted.

CLAUSE 7

THAT, clause 7 of the Bill be deleted.

CLAUSE 9

THAT, clause 9 of the Bill be amended by deleting paragraph (a).

CLAUSE 11

THAT, the Bill be amended by deleting clause 11 and substituting therefor the following new clause—

Allocations out of the Fund.

11. The National Housing Corporation may allocate out of the

Fund—

(a) seventy percent of the monies to the development, maintenance, rehabilitation and off-take of social housing units; (b) twenty six percent of the monies to the to the development, maintenance, rehabilitation and off-take of social housing units; (c) up to two percent of the monies to the collector for the collection of the Levy as may be approved by the Cabinet Secretary for the time being responsible for the National Treasury on the recommendation of the Cabinet Secretary; and (d) up to two percent of the monies to the National Housing Corporation for the administration of the Fund as may be approved by the Cabinet Secretary for the time being responsible for the National Treasury on the recommendation.

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(052)

CLAUSE 12

THAT, clause 12 of the Bill be deleted.

CLAUSE 13

THAT, clause 13 of the Bill be deleted.

CLAUSE 14

THAT, clause 14 of the Bill be deleted.

CLAUSE 15

THAT, clause 15 of the Bill be deleted.

CLAUSE 16

THAT, clause 16 of the Bill be deleted.

CLAUSE 17

THAT, clause 17 of the Bill be deleted.

CLAUSE 18

THAT, clause 18 of the Bill be deleted.

CLAUSE 19

THAT, clause 19 of the Bill be deleted.

CLAUSE 20

THAT, clause 20 of the Bill be deleted.

CLAUSE 21

THAT, the Bill be amended by deleting clause 21 and substituting therefor the following new clause— Administrator of the Fund.

21. (1) There shall be an administrator of the Fund who shall

be competitively recruited and appointed by the National Housing Corporation, in consultation with the Cabinet Secretary, on such terms and conditions of service as shall be specified in the instrument of appointment or otherwise in writing from time to time.

(2) A person qualifies to be appointed as the Administrator of the Fund if that person has at least ten years’ experience in a managerial capacity in affordable housing matters, finance, investment, or the banking sector.

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(053)

CLAUSE 22

THAT, the Bill be amended by deleting clause 22 and substituting therefor the following new clause—

Functions of the Administrator of the Fund.

22. The Administrator of the Fund shall—

(a) supervise and control the day-to-day administration of the Fund; (b) receive the annual work plans and the five-year affordable housing investment programmes and recommend the same to the Corporation for approval; (c) open and operate the accounts of the Fund with the approval of the Corporation and the National Treasury; (d) prepare estimates of annual revenue and expenditure of the Fund and submit to the Corporation for approval; (e) advise the Corporation on matters relating to the administration of the Fund; (f) co-ordinate the monitoring and evaluation of affordable housing projects and programmes financed from the Fund; (g) keep books of accounts and other books and records in relation to the Fund of all activities and undertakings financed by the Fund; (h) be the custodian of the assets, property, and equipment of the Fund; (i) establish proper systems of internal control and management in accordance with provisions of the relevant laws; (j) prepare, in respect of each financial year and within three months after the end thereof, a statement of accounts relating to the Fund and showing the expenditure incurred from the Fund in accordance with the Public Audit Act, 2015; and (k) undertake any other duty the Corporation may assign in furtherance of the objects and purpose of the Fund.

CLAUSE 26

THAT, clause 26 of the Bill be deleted.

CLAUSE 27

THAT, clause 27 of the Bill be deleted.

CLAUSE 28

THAT, clause 28 of the Bill be deleted.

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(054)

CLAUSE 29

THAT, clause 29 of the Bill be deleted.

CLAUSE 36

THAT, clause 36 of the Bill be amended by deleting paragraph (c).

CLAUSE 39

THAT, clause 39 of the Bill be amended by deleting subclause (4).

CLAUSE 40

THAT, clause 40 of the Bill be amended in paragraph (c) (i) by deleting the word “Board appearing immediately after the words “authorized by the” and substituting therefor the word “Corporation”.

CLAUSE 42

THAT, clause 42 of the Bill be amended in subclause (1) by deleting the word “Board” appearing immediately after the words “in consultation with the” and substituting therefor the word “Corporation”.

SCHEDULE

THAT, the Schedule to the Bill be deleted.

3) Notice is given that the Member for Seme (Hon. (Dr.) James Nyikal) intends to move the following amendments to the Affordable Housing Bill, 2023 at the Committee Stage—

CLAUSE 4

THAT, clause 4 of the Bill be amended–– (a) in subclause (2) by deleting the word “gross” and substituting therefor the word “net” appearing in paragraph (a); and (b) in subclause (3) by deleting the words “gross salary” appearing immediately after the words “in which the” and substituting therefor the words “net salary.”

CLAUSE 5

THAT, clause 5 of the Bill be amended in paragraph (a) by deleting the word “gross” appearing immediately after the words “from the” and substituting therefor with the word “net.”

CLAUSE 6

THAT, clause 6 of the Bill be deleted.

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WEDNESDAY, FEBRUARY 21, 2024

(055)

CLAUSE 14

THAT, clause 14 of the Bill be amended by deleting subclause (1) and substituting therefor the following new clause–– (1) A person qualifies to be appointed as the Chairperson of the Board if that person–– (a) holds a degree from a university recognized in Kenya. (b) has experience in matters relating to housing, built environment, banking, finance or law.”

CLAUSE 27

THAT clause 27 of the Bill be amended in sub–clause (1) by inserting the words “,in consultation with the Salaries and Remuneration Commission,” immediately after the words “ on such terms and conditions of service as the Board may.”

CLAUSE 31

THAT, clause 31 of the Bill be amended in subclause (2) by deleting paragraph (a).

CLAUSE 32

THAT, the Bill be amended by deleting clause 32.

CLAUSE 36

THAT, clause 36 of the Bill be amended in paragraph (c) by deleting the word “nine” appearing immediately after the words “up to” and substituting therefor the word “three”.

CLAUSE 38

THAT, the Bill be amended by deleting clause 38.

CLAUSE 41

THAT, the Bill be amended by deleting clause 41.

CLAUSE 42

THAT, clause 42 of the Bill be amended in subclause (2) by deleting paragraph (a).

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(056)

4) Notice is given that the Member for Turkana South (Hon. (Dr.) Ariko Namoit) intends to move the following amendments to the Affordable Housing Bill, 2023 at the Committee Stage—

CLAUSE 2

THAT, clause 2 of the Bill be amended— (a) in subclause (1)— (i) in the definition “collector” by deleting paragraph (b); (ii) by deleting the definition “affordable housing” and substituting therefor the following new definition— “affordable housing” means housing that is adequate and costs not more than thirty percent of the income of a person or household per month to rent or acquire; (b) by deleting subclause (2).

CLAUSE 4

THAT, clause 4 of the Bill be amended–– (a) in subclause (2) by deleting the word “gross” and substituting therefor the word “net” appearing in paragraph (a).

(b) in subclause (3) by deleting the words “gross salary” appearing immediately after the words “in which the” and substituting therefor the words “net salary.”

CLAUSE 5

THAT, clause 5 of the Bill be amended in paragraph (a) by deleting the word “gross” appearing immediately after the words “from the” and substituting therefor with the word “net.”

CLAUSE 7

THAT, clause 7 of the Bill be deleted.

CLAUSE 11

THAT, the Bill be amended by deleting clause 11 and substituting therefor the following new clause—

Allocations out of the Fund.

11. The Board may allocate out of the Fund—

(a) thirty percent of the monies to be allocated for the development, maintenance, rehabilitation and off-take of affordable housing housing programmes and projects; (b) thirty six percent of the monies to be allocated to the State Department responsible for matters relating to affordable

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(057)

housing for the development, maintenance, rehabilitation and offtake of institutional housing programmes and projects approved by the Cabinet; (c) thirty percent of the monies to the county governments for the development, maintenance, rehabilitation and off-take of affordable housing programmes and projects; (d) up to two percent of the monies to the collector for the collection of the Levy as may be approved by the Cabinet Secretary for the time being responsible for the National Treasury on the recommendation of the Cabinet Secretary; and (e) up to two percent of the monies to the Board for the administration of the Fund as may be approved by the Cabinet Secretary for the time being responsible for the National Treasury on the recommendation of the Cabinet Secretary.

CLAUSE 31

THAT, clause 31 of the Bill be amended in subclause (2) by deleting paragraph (a).

CLAUSE 36

THAT, clause 36 of the Bill be deleted.

..…....../Notices*(Cont’d)

(No. 07)

WEDNESDAY, FEBRUARY 21, 2024

(058)

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.

……....../Notice Paper*

NOTICE PAPER

Tentative business for

Thursday, February 23, 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, February 23, 2024 –

A. COMMITTEE OF THE WHOLE HOUSE

The Affordable Housing Bill (National Assembly Bill No. 75 of 2023) (The Leader of the Majority Party)

(If not concluded on Wednesday, February 21, 2024 – Afternoon Sitting)

B. MOTION – REPORT OF THE NATIONAL DIALOGUE

COMMITTEE

(The Leader of the Majority Party and the Leader of the Minority Party) (If not concluded on Wednesday, February 21, 2024 – Afternoon Sitting)

C. MOTION – REPORT OF THE AUDITOR-GENERAL ON THE

FINANCIAL STATEMENTS FOR THE NATIONAL

GOVERNMENT MINISTRIES, DEPARTMENTS AND

AGENCIES FOR THE FINANCIAL YEAR 2020/2021

(The Chairperson, Public Accounts Committee)

(If not concluded on Wednesday, February 21, 2024 – Afternoon Sitting) D. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) (No.2)