Tuesday, 3rd October 2023 Order Paper

Thirteenth Parliament

Second Session

(No. 85)

(1296)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

TUESDAY, OCTOBER 3, 2023 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*. MOTION – REPORT OF THE KENYA DELEGATION TO THE 146TH

ASSEMBLY OF THE INTER-PARLIAMENTARY UNION

(IPU) AND RELATED MEETINGS HELD IN THE

KINGDOM OF BAHRAIN

(Member of the Delegation)

THAT, this House notes the Report of the Kenya Delegation to the 146th Assembly of the Inter-Parliamentary Union (IPU) and related Meetings, held in Manama, Kingdom of Bahrain from 11th to 15th March 2023, laid on the Table of the House on Wednesday, 14th June 2023.

(Question to be put)

1. 9*. THE FACILITIES IMPROVEMENT FINANCING BILL (SENATE

BILL NO. 43 OF 2023)

(The Leader of the Majority Party) First Reading

1. 10*. THE PRIMARY HEALTH CARE BILL (SENATE BILL NO. 44 OF 2023)

(The Leader of the Majority Party) First Reading

…...….……/11*

(No. 85)

TUESDAY, OCTOBER 3, 2023

(1297)

1. 11*. THE LEGAL AID (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 53 OF 2023)

(The Leader of the Minority Party) First Reading

1. 12*. THE PRISONS BILL (NATIONAL ASSEMBLY BILL NO. 54 OF 2023)

(The Leader of the Minority Party) First Reading

1. 13*. THE PENAL CODE (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 55 OF 2023)

(The Leader of the Minority Party) First Reading

1. 14*. MOTION – CONSIDERATION OF THE PROTOCOLS RELATING TO

AMENDMENTS OF ARTICLES 50(a) AND 56 OF THE

CONVENTION ON INTERNATIONAL CIVIL AVIATION

1944 (CHICAGO CONVENTION)

(The Chairperson, Departmental Committee on Transport and

Infrastructure)

THAT, this House adopts the Report of the Departmental Committee on Transport and Infrastructure on its consideration of the protocols relating to amendments to Article 50(a) and 56 to the Convention on International Civil Aviation 1944 (Chicago Convention), laid on the Table of the House on Thursday, 17th August, 2023 and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the ratification of the protocols relating to amendments to Article 50(a) and 56 to the Convention on International Civil Aviation 1944 (Chicago Convention). (Resumption of debate interrupted on Thursday, September 28, 2023) (Balance of time – 2 hours 27 minutes)

1. 15*. MOTION – CONSIDERATION

OF

THE

EAST

AFRICAN

COMMUNITY (EAC) MULTILATERAL AGREEMENT

ON

AIRCRAFT

ACCIDENT

AND

INCIDENT

INVESTIGATIONS

(The Chairperson, Departmental Committee on Transport and

Infrastructure)

THAT, this House adopts the Report of the Departmental Committee on Transport and Infrastructure on its consideration of the East African Community (EAC) Multilateral Agreement on Aircrafts Accidents and Incident Investigations, laid on the Table of the House on Thursday, 17th August, 2023 and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the ratification of the East African Community (EAC) Multilateral Agreement on Aircraft Accident and Incident Investigations. …...….……/16*

(No. 85)

TUESDAY, OCTOBER 3, 2023

(1298)

1. 16*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 60 OF 2022)

(The Leader of the Majority Party) Second Reading

1. 17*. THE

STATUTORY

INSTRUMENTS

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 2 OF 2023)

(The Chairperson, Committee on Delegated Legislation) Second Reading

1. 18*. MOTION – PROBABLE LOSS OF INVESTMENTS IN CYTONN

HIGH YIELDS SOLUTIONS PLATFORM

(The Chairperson, Public Petitions Committee) THAT, this House adopts the Report of the Public Petitions Committee on its consideration of a Public Petition No. 07 of 2022 regarding Probable Loss of Investments in Cytonn High Yields Solutions Platform, laid on the Table of the House on Thursday, 4th May, 2023.

1. 19*. MOTION

REPORT ON THE INSPECTION OF VARIOUS ONE

STOP

BORDER

POSTS

IN

THE

NORTHERN

CORRIDOR IN THE EAST AFRICAN COMMUNITY

REGION

(The Chairperson, Select Committee on Regional Integration)

THAT, this House adopts the Report of the Select Committee on Regional Integration on its Inspection of Various One-Stop Border Posts in the Northern Corridor in the East African Community Region, laid on the Table of the House on Wednesday, 5th July 2023.

1. 20*. MOTION – REPORT ON EMPLOYMENT DIVERSITY AUDIT IN

PUBLIC INSTITUTIONS

(The Chairperson, Committee on National Cohesion and Equal Opportunity) THAT, this House adopts the First Report of the Committee on National Cohesion and Equal Opportunity on the Employment Diversity Audit in Public Institutions, laid on the Table of the House on Thursday, 6th July, 2023.

…...….……/21*

(No. 85)

TUESDAY, OCTOBER 3, 2023

(1299)

1. 21*. MOTION – CONSIDERATION OF THE REPORTS OF THE

AUDITOR-GENERAL

ON

THE

FINANCIAL

STATEMENTS FOR THE NATIONAL GOVERNMENT

CONSTITUENCIES

DEVELOPMENT

FUND

FOR

TWELVE CONSTITUENCIES IN KAKAMEGA COUNTY

(The Chairperson, Decentralized Funds Accounts Committee) THAT, this House adopts the Report of the Decentralized Funds Accounts Committee on its consideration of the Reports of the Auditor-General on the Financial Statements for the National Government Constituencies Development Fund for twelve constituencies in Kakamega County for Financial Years 2013/2014, 2014/2015 and 2015/2016, laid on the Table of the House on Thursday, 27th July 2023.

1. 22*. MOTION - REPORT OF THE 4TH GENERAL ASSEMBLY OF THE

EASTERN AFRICA PARLIAMENTARY ALLIANCE ON

FOOD SECURITY AND NUTRITION (EAPA-FSN)

HELD IN KIGALI, RWANDA

(The Chairperson, EAPA-FSN Caucus) THAT, this House notes the Report of the Kenya Delegation to the 4th General Assembly of the Eastern Africa Parliamentary Alliance on Food Security and Nutrition, held in Kigali, Rwanda from 7th to 9th December 2022, laid on the Table of the House on Tuesday, 11th April 2023.

*Denotes Orders of the Day*

...…....../Notices*

(No. 85)

TUESDAY, OCTOBER 3, 2023

(1300)

N O T I C E S

LIMITATION OF DEBATE

The House resolved on Wednesday, February 15, 2023 as follows— Limitation of Debate on Other Committee Reports I. 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 Bills sponsored by Parties or Committees II. 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 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 Reports of Audit Committees III. THAT, each speech in debate on Reports of Audit Committees shall be limited as follows: A maximum of sixty (60) minutes for the Mover in moving and thirty (30) minutes in replying, and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each; and that priority be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

..…....../Notice Paper I*

NOTICE PAPER I

Tentative business for

Wednesday (Morning), October 4, 2023 (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), October 4, 2023–

A. MOTION –

EXPANSION OF DRUG AND SUBSTANCE ABUSE

REHABILITATION CENTRES

(The Hon. John Makali, M.P.) B.

MOTION – BANNING THE GROWING OF EUCALYPTUS TREES

IN THE COUNTRY

(The Hon. Moses Kirima M.P.) C.

MOTION – ESTABLISHMENT OF STRATEGIC GRAIN STORAGE

RESERVES AND SILOS IN CLOSE PROXIMITY TO

SMALLHOLDER FARMERS

(The Hon. Jessica Mbalu M.P.)

D. MOTION – POLICY ON INTEGRATING A CURRICULUM FOR

ENVIRONMENTAL CONSERVATION IN PRIMARY

AND SECONDARY SCHOOLS

(The Hon. Umul Ker Kassim, M.P.)

E. MOTION – REGULATION OF THE SUGAR INDUSTRY TO

DISCOURAGE BRANDING OF SUGAR BY NON-

MILLERS

(The Hon. Peter Salasya, M.P.) F.

MOTION – POLICY FOR THE PROVISION OF MENTAL HEALTH

SERVICES IN ALL HEALTHCARE FACILITIES

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

G. MOTION – IMPLEMENTATION OF FIRST AID TRAINING AS A

CORE SUBJECT IN SCHOOLS

(The Hon. Caleb Amisi, M.P.)

H. MOTION – ESTABLISHMENT OF A NATIONAL FUND TO

SUPPORT VICTIMS OF GENDER-BASED VIOLENCE

(The Hon. Mary Emaase, M.P.)

I.

MOTION – ACTION TO ADDRESS THE RECENT SURGE IN

ROADACCIDENTS IN THE COUNTRY

(The Hon. Naomi Waqo, M.P.) J.

MOTION – ADOPTION OF GOVERNMENT-TO-GOVERNMENT

(G2G)

MODEL

TO

ACQUIRE

AND

SUPPLY

FERTILIZERS TO FARMERS AT SUBSIDISED COST

(The Hon. Geoffrey Ruku, M.P.) K.

MOTION – POLICY AND FUNDING FOR SUGARCANE FARMING

IN THE COUNTRY

(The Hon. Peter Nabulindo, M.P.) L.

MOTION – PROVIDING A SAFETY NET FOR CAREGIVERS OF

PERSONS WITH SEVERE DISABILITIES

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

M. MOTION – NATIONAL SENSITIZATION AND SUPPORT FOR

COMBATING SICKLE CELL AND HAEMOPHILIA

DISEASES

(The Hon. Peter Nabulindo, M.P.)

N. MOTION – DEVELOPMENT OF A SATELLITE-BASED CLIMATE

CHANGE MONITORING POLICY

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

O. MOTION – ESTABLISHMENT OF A SCIENCE MUSEUM

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

MOTION – AFFIRMATIVE ACTION PLAN FOR THE PROVISION

OF WATER IN ARID AND SEMI-ARID AREAS

(The Hon. Mwengi Mutuse, M.P.)

Q. MOTION – DEVELOPMENT OF A FRAMEWORK TO MITIGATE

FLOOD HAZARDS

(The Hon. Umulkher Harun, M.P.)

R. MOTION – PROVISION OF APPROPRIATE ACCESS TO MARKETS

IN THE COUNTRY

(The Hon. Beatrice Kemei, M.P.)

S.

MOTION – REVIEW OF THE SCOPE OF EDUCATION BURSARY

SCHEME UNDER NG-CDF AND CAPITATION FOR

LEARNERS IN PRIMARY AND JUNIOR SECONDARY

SCHOOLS

(The Hon. Wakili Edward, M.P.)

T. MOTION – SUPPORTING

AND

PROMOTING

LOCAL

FERTILIZER-MANUFACTURING INDUSTRIES

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

U. MOTION – REGULATORY FRAMEWORK FOR THE MONEY

LENDER INDUSTRY IN THE COUNTRY

(The Hon. Beatrice Kemei, M.P.) V.

MOTION – FORMULATION

OF

A

GOVERNMENT-TO-

GOVERNMENT FRAMEWORK FOR IMPORTATION

AND DISTRIBUTION OF ESSENTIAL FOODSTUFF

AND GOODS

(The Hon. Geoffrey Ruku, M.P.)

W. MOTION – POLICY

FRAMEWORK

FOR

GOVERNMENT-TO-

GOVERNMENT

SOURCING

OF

ELECTRICITY

EQUIPMENT AND ON CONNECTION AND BILLING

OF ELECTRICITY INFRASTRUCTURE

(The Hon. Geoffrey Ruku, M.P.)

X. MOTION – FORMULATION OF A REGULATORY FRAMEWORK

ON ARTIFICIAL INTELLIGENCE IN THE COUNTRY

(The Hon. Marianne Kitany, M.P.) Y.

MOTION – DEVELOPMENT

OF

MEASURES

TO

MITIGATE

DIGITAL EXCLUSION

(The Hon. Marianne Kitany, M.P.)

..……. /Notice Paper II*

NOTICE PAPER II

Tentative business for

Wednesday (Afternoon), October 4, 2023 (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), October 4, 2023– A.

MOTION -

APPROVAL OF NOMINEES TO THREE NATIONAL

GOVERNMENT CONSTITUENCIES DEVELOPMENT

FUND COMMITTEES

(The Chairperson, Select Committee on the National Government Constituencies Development Fund)

B.

MOTION – CONSIDERATION OF THE PROTOCOLS RELATING

TO AMENDMENTS OF ARTICLES 50(a) AND 56 OF THE

CONVENTION

ON

INTERNATIONAL

CIVIL

AVIATION 1944 (CHICAGO CONVENTION)

(The Chairperson, Departmental Committee on Transport and Infrastructure) (If not concluded on Tuesday, October 3, 2023) C.

MOTION – CONSIDERATION

OF

THE

EAST

AFRICAN

COMMUNITY (EAC) MULTILATERAL AGREEMENT

ON

AIRCRAFT

ACCIDENT

AND

INCIDENT

INVESTIGATIONS

(The Chairperson, Departmental Committee on Transport and Infrastructure) (If not concluded on Tuesday, October 3, 2023) D. THE CANCER PREVENTION AND CONTROL (AMENDMENT) (No.

2) BILL (NATIONAL ASSEMBLY BILL NO. 45 OF 2022)

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

Second Reading

E. THE LAND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO.

40 OF 2022)

(The Hon. Simon King’ara, M.P.)

Second Reading

F.

THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 59 OF 2022)

(The Hon. David Gikaria, M.P.)

Second Reading

G. THE ASSISTED REPRODUCTIVE TECHNOLOGY (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 61 OF 2022)

(The Hon. Millie Odhiambo, M.P.)

Second Reading

H. THE

NATIONAL

YOUTH

COUNCIL

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 1 OF 2023)

(The Hon. Joshua Kandie, M.P.)

Second Reading

I.

THE PUBLIC SERVICE COMMISSION (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 6 OF 2023)

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

Second Reading

J.

THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 60 OF 2022)

(The Leader of the Majority Party) Second Reading (If not concluded on Tuesday, October 3, 2023) K.

THE

STATUTORY

INSTRUMENTS

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 2 OF 2023)

(The Chairperson, Committee on Delegated Legislation) Second Reading

(If not concluded on Tuesday, October 3, 2023) L.

MOTION – PROBABLE LOSS OF INVESTMENTS IN CYTONN

HIGH YIELDS SOLUTIONS PLATFORM

(The Chairperson, Public Petitions Committee) (If not concluded on Tuesday, October 3, 2023)

M. MOTION – REPORT ON THE INSPECTION OF VARIOUS ONE

STOP

BORDER

POSTS

IN

THE

NORTHERN

CORRIDOR IN THE EAST AFRICAN COMMUNITY

REGION

(The Chairperson, Select Committee on Regional Integration) (If not concluded on Tuesday, October 3, 2023)

N. MOTION – REPORT ON EMPLOYMENT DIVERSITY AUDIT IN

PUBLIC INSTITUTIONS

(The Chairperson, Committee on National Cohesion and Equal Opportunity) (If not concluded on Tuesday, October 3, 2023)

O. MOTION – CONSIDERATION OF THE REPORTS OF THE

AUDITOR-GENERAL

ON

THE

FINANCIAL

STATEMENTS FOR THE NATIONAL GOVERNMENT

CONSTITUENCIES

DEVELOPMENT

FUND

FOR

TWELVE CONSTITUENCIES IN KAKAMEGA COUNTY

(The Chairperson, Decentralized Funds Accounts Committee) (If not concluded on Tuesday, October 3, 2023) P.

MOTION - REPORT OF THE 4TH GENERAL ASSEMBLY OF THE

EASTERN AFRICA PARLIAMENTARY ALLIANCE ON

FOOD SECURITY AND NUTRITION (EAPA-FSN)

HELD IN KIGALI, RWANDA

(The Chairperson, EAPA-FSN Caucus)

(If not concluded on Tuesday, October 3, 2023)

...……. /Notice of Questions*

NOTICE OF QUESTIONS

It is notified that, pursuant to the provisions of Standing Order 42A (6B), the Cabinet Secretary for Health will respond to Questions in plenary on Wednesday (Afternoon), October 4, 2023–

QUESTIONS BY PRIVATE NOTICE

Que. No. Member Subject

QPN

009/2023 Hon. Mishi Mboko, MP (Likoni Constituency) Effective distribution and administration of cholera vaccines in the most affected counties

QPN

011/2023 Hon. Benard Shinali, MP (Ikolomani Constituency)

Disbursement of fund for the Linda Mama Boresha Jamii Programme and enrollment of the poor households to NHIF scheme for FYs 2020/2021, 2021/2022 and FY 2022/2023.

ORDINARY QUESTIONS

Que. No. Member Subject Question No. 108/2023 Hon. Joshua Mwalyo, MP (Masinga Constituency) Pension owed by Kenyatta National Hospital to retirees

Question No. 111/2023 Hon. Machua Waithaka, MP (Kiambu Constituency) Unavailability of anti-epilepsy drugs in public hospitals

Question No. 157/2023 Hon. Sabina Chege, MP (Nominated Member) Regulatory mechanisms to restrict access of Velo nicotine pouches Question No. 214/2023 Hon. Joshua Kimilu, MP (Kaiti Constituency) Prevention and eradication of Neglected Tropical Diseases

Question No. 306/2023 Hon. Irene Mayaka, MP (Nominated Member) National Health Survey on mental illness Question No. 307/2023 Hon. James Wamacukuru, MP (Kabete Constituency) NHIF coverage to facilitate gender transformation of intersex persons

Question No. 308/2023 Hon. Samuel Gachobe, MP (Subukia Constituency) Circumstances of the maternal mortality of Ms. Loise Njoki Kariuki Question No. 309/2023 Hon. Peter Salasya, MP (Mumias East Constituency) Availability of lecturers in Kenya Medical Training College

(KMTC)

Question No. 310/2023 Hon. James Wamacukuru, MP (Kabete Constituency) Provision of appropriate auxiliary aids to deaf and hard-of- hearing individuals Question No. 355/2023 Hon. Dorothy Ikiara, MP (Nominated Member) Reduction of prevalence of teenage pregnancies

Question No. 358/2023 Hon. Fredrick Ikana, MP (Shinyalu Constituency) Outbreak of unknown diseases in Mukumu Girls High School

Question No. 372/2023 Hon. Alice Ng’ang’a, MP (Thika Town Constituency) Illegal dumping of contaminated maize flour at Kang’oki dumpsite