Wednesday, August 23, 2023 At 2.30pm Supplementary Order Paper - Afternoon Sitting

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Wednesday, 23 August 2023 National Assembly Supplementary

Thirteenth Parliament

Second Session

Afternoon Sitting

(No. 77)

(1010)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

SUPPLEMENTARY

WEDNESDAY, AUGUST 23, 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 COMMITTEE OF THE WHOLE

HOUSE ON THE CLIMATE CHANGE (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 42 OF 2023)

(The Leader of the Majority Party) THAT, this House do agree with the Report of the Committee of the Whole House on its consideration of the Climate Change (Amendment) (National Assembly Bill No. 42 of 2023). (Question to be put and Third Reading)

  1. 9*. COMMITTEE OF THE WHOLE HOUSE

(i) The Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly Bill No.35 of 2023)

(The Leader of the Majority Party) (To resume from the Provisions relating to the National Police Service Act, 2011) (ii) The Food and Feed Safety Control Coordination Bill (National Assembly Bill No. 21 of 2023)

(The Leader of the Majority Party) (iii) The Water (Amendment) Bill (National Assembly Bill No. 33 of 2023)

(The Leader of the Majority Party)

…...….……/10*

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1011)

  1. 10*. THE SUGAR BILL (NATIONAL ASSEMBLY BILL NO. 34 OF 2022)

(The Hon. Emmanuel Wangwe, M.P.) Resumption of debate interrupted on Wednesday, August 16, 2023 – Afternoon Sitting) (Balance of Time 2 hours 23 minutes)

  1. 11*. THE CANCER PREVENTION AND CONTROL (AMENDMENT) (No.

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

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

Second Reading

  1. 12*. THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 59 OF 2022)

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

Second Reading

  1. 13*. THE

NATIONAL

YOUTH

COUNCIL

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 1 OF 2023)

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

Second Reading

  1. 14*. 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. (Resumption of debate interrupted on Tuesday, August 22, 2023) (Balance of time – 2 hours 10 minutes)

  1. 15*. 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.

…...….……/16*

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1012)

  1. 16*. 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. 17*. 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.

  1. 18*. 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. 19*. 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.

…...….……/20*

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1013)

  1. 20*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 60 OF 2022)

(The Leader of the Majority Party) Second Reading

*Denotes Orders of the Day*

.…....../Notices*

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1014)

N O T I C E S

I.

THE ANTI-MONEY LAUNDERING AND COMBATING OF

TERRORISM

FINANCING

LAWS

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 35 OF 2023)

1) Notice is given that the Chairperson of the Departmental Committee on Justice and Legal Affairs intends to move the following amendments to the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2023 at the Committee Stage ––

SCHEDULE

THAT, the Schedule to the Bill be amended— (a) in the proposed amendments to the Extradition (Contiguous and Foreign Countries) Act (Cap. 76) in the proposed new section 10A by inserting the following new subsections immediately after subsection (4)— ―(5) Prior to executing a consent under this section, a fugitive criminal shall be afforded— (a) the opportunity to seek independent legal advice; and (b) an interpreter at no cost if the fugitive criminal is unable to understand the language used. (6) A consent obtained under this section shall— (a) outline the extraditable charges that it relates to; and (b) be witnessed by an adult of sound mind. (7) For the purposes of this section ―consent‖ means the manifestation of express, unequivocal, free, specific and informed indication of the fugitive criminal’s wishes by a statement or by a clear affirmative action, signifying agreement to be extradited to the requesting state.‖ (b) in the proposed amendments to the Extradition (Commonwealth Countries) Act (Cap. 77) in the proposed new section 13A by inserting the following new subsections immediately after subsection (4)— ―(5) Prior to executing a consent under this section, a fugitive criminal shall be afforded— (a) the opportunity to seek independent legal advice; and (b) an interpreter at no cost if the fugitive criminal is unable to understand the language used. (6) A consent obtained under this section shall— (a) outline the extraditable charges that it relates to; and (b) be witnessed by an adult of sound mind.

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1015) (7) For the purposes of this section ―consent‖ means the manifestation of express, unequivocal, free, specific and informed indication of the fugitive criminal’s wishes by a statement or by a clear affirmative action, signifying agreement to be extradited to the requesting state.‖ (c) in the proposed amendments to the Proceeds of Crime and Anti-Money Laundering Act, No. 9 of 2009 by inserting the following additional amendments in proper chronological sequence— Provision Amendment s.2 Insert the following new definition in proper alphabetical sequence—

―Self-regulatory body‖ means the Law Society of Kenya; s.8 Insert the following new subsection immediately after the proposed new subsection (3) — (4) The act of a lawyer, notary and other independent legal professional seeking to dissuade a client from engaging in an illegal activity does not constitute the offence of tipping-off under this section. s.36 (1) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖ wherever they appear. s. 36 (2) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖. s.36A (2) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖. s.36A (3) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖ wherever they appear. s. 36A Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖ in the proposed new subsection (3A). s. 36A (4) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖ wherever they appear. s. 36A (5) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖ in the opening statement. s. 36A (5) (c) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖. s. 36A (5) (d) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖. s. 36A (6) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖.

s. 36A (7) Insert the words ―or Self-regulatory body‖ immediately after the words ―supervisory body‖. s.44 Insert the following proviso in subsection (3)— ―Provided that lawyers, notaries and other independent legal professionals may submit reports under this subsection through the Law Society of Kenya which shall establish reporting channels to the Centre.‖

Insert the following new subsections immediately after subsection (3) — ―(3A) Lawyers, notaries and other independent legal professionals are not required to report suspicious transactions if the relevant information was obtained in circumstances where they are subject to professional secrecy or legal professional privilege. (3B) The information referred to in subsection (3A) refers to information received from or obtained by the lawyer, notary or other independent legal professional from a client— (a) in the course of ascertaining the legal position of their client, or (b) in performing their task of defending or representing that client in, or concerning judicial, administrative, arbitration or mediation proceedings. (3C) The Law Society of Kenya and the Centre shall establish appropriate mechanisms to cooperate for exchange of information relating to suspicious transaction reporting and supervision.‖ (d) in the proposed amendments to the to the National Police Service Act, No. 11A of 2011 in the proposed new section 56A by— (i) inserting the following new subsection immediately after subsection (1)— ―(1A) The Cabinet Secretary shall prescribe, in regulations, the procedure and safeguards applicable to a controlled delivery.‖ (ii) deleting the definition ―authorised officer‖ in the proposed subsection (2) and substituting therefor the following new definition— ―authorised officer‖ means a Gazetted officer of the rank of inspector and above;‖ (e) in the proposed amendments to the Companies Act, No. 17 of 2015 in the proposed new section 992A by deleting the word ―six‖ appearing immediately after the words ―at least‖ and substituting therefor the word ―seven‖.

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1017) (f) in the proposed amendments to the to the Prevention of Terrorism Act, No. 30 of 2012— (i) in the proposed new section 40D(2) by inserting the following new paragraph immediately after paragraph (g)— ―(ga) the Director of the National Counter Terrorism Centre;‖ (ii) in the proposed new Schedule by inserting the following new paragraph immediately after paragraph (f)— ―(fa) Office of the Director of Public Prosecutions;‖ (g) by inserting the following new amendments in proper chronological sequence— Written law Provision Amendment Law Society of Kenya Act, 2014 (No. 21 of 2014) New Insert the following new section immediately after section 4—

Powers on anti-money laundering and combating the financing of terrorism.

No. 9 of 2009. 4A. (1) Pursuant to section 36A of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Society shall regulate, supervise and enforce compliance for anti-money laundering, combating the financing of terrorism and countering proliferation financing for lawyers, notaries and other legal professionals.

(2) In undertaking its mandate under subsection (1), the Society may—

(a) conduct onsite inspection;

No. 9 of 2009. (b) compel the production of any document or information the Society may require for the purpose of discharging its supervisory mandate under the Proceeds of Crime and Anti- Money

Laundering Act, 2009;

(c) impose monetary, civil or administrative sanctions for violations relating to anti- money laundering, combating the financing of terrorism and countering proliferation financing purposes;

(d) issue regulations, guidelines, directions, rules or instructions for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes;

(e) cooperate and share information for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes; and

(f) take such action as is necessary to supervise and enforce compliance by lawyers, notaries

2) Notice is given that the Chairperson of the Departmental Committee on Finance and National Planning intends to move the following amendments to the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2023 at the Committee Stage –––

SCHEDULE

THAT, the Schedule to the Bill be amended— (a) in the proposed amendments to the Capital Markets Act— (i) in the opening statement by deleting the expression ―section 12−‖ and substituting therefor the expression ―section 12A−‖; (ii) by renumbering the proposed new section 12A as 12B; (iii) by inserting the following new item immediately after the proposed new section 12B—

Insert the following new section immediately after section 35− New Rights and fundamental freedoms

35A. All persons subject to this Act shall enjoy all rights and fundamental freedoms enshrined in the Constitution unless limited to the extent specified in Article 24 of the Constitution, this Act or any other Act. New Limitation of right to privacy 35B. (1) The right to privacy guaranteed under Article 31 of the Constitution is hereby limited under Article 24 of the Constitution only to the nature and extent contemplated No. 9 of 2009. and other legal professionals with the provisions of the Proceeds of Crime and Anti- Money Laundering Act, 2009 and any regulations, guidelines, rules, instruction or direction made or issued thereunder.

(2) The provisions of this section shall come into effect six months from the date of commencement of this section.

under subsection (2).

(2) Where a person is suspected or accused of an offence under this Act—

(a) the person’s home or property may be searched; (b) the person’s possessions may be seized; (c) information relating to that person’s financial, family or private affairs where required may be revealed; or (d) the privacy of a person’s communications may be investigated or otherwise interfered with.

(3) A limitation of a right under subsection (1) shall apply only for the purpose of the prevention, detection, investigation and prosecution of proceeds of crime, money laundering and financing of terrorism.

(b) in the proposed amendments to the Insurance Act— (i) in the proposed amendment to section 128 by deleting the word ―five‖ and substituting therefor the word ―seven‖; (ii) by inserting the following items immediately after the proposed new section 196B— Penalties for violations relating to money laundering, terrorism financing. 196C. (1) No institution, director, officer, employer, agent or any other person shall violate or fail to comply with any provision of the Proceeds of Crime and Anti-Money Laundering Act, 2009, or any regulation, guideline, rule, direction or instruction issued under the said Act or under this section. (2) A person who violates or fails to comply with the provisions of subsection (1) shall be liable— (a) in case of a legal person, to a penalty not exceeding twenty million shillings; (b) in the case of a natural person, to a penalty not exceeding one million shillings; and (c) to additional penalties not exceeding one hundred thousand shillings in each case for each day or part thereof during which

such violation or non-compliance continues.

New Rights and fundamental freedoms

196D. All persons subject to this Act shall enjoy all rights and fundamental freedoms enshrined in the Constitution unless limited to the extent specified in Article 24 of the Constitution, this Act or any other Act. New Limitation of right to privacy 196E. (1) The right to privacy guaranteed under Article 31 of the Constitution is hereby limited under Article 24 of the Constitution only to the nature and extent contemplated under subsection (2).

(2) Where a person is suspected or accused of an offence under this Act—

(a) the person’s home or property may be searched; (b) the person’s possessions may be seized; (c) information relating to that person’s financial, family or private affairs where required may be revealed; or (d) the privacy of a person’s communications may be investigated or otherwise interfered with.

(3) A limitation of a right under subsection (1) shall apply only for the purpose of the prevention, detection, investigation and prosecution of proceeds of crime, money laundering and financing of terrorism.

(iii) by deleting the proposed amendment to section 205 and substituting therefor the following— s. 205 Number the existing provision as ―1‖

Insert the following new subsection—

(2) Where a person was registered under section 19 prior to commencement of the Anti-Money Laundering Laws and Combating of Terrorism Financing Laws (Amendment) Act, 2023, that person shall be deemed to have been licensed under this Act.

(c) in the proposed amendments to the Banking Act— (i) by deleting the proposed new definition ―beneficial owner‖ and substituting therefor the following new definition—

No. 17 of 2015. ―beneficial owner‖ has the meaning assigned to it under the Companies Act.

(ii) in the proposed new section 33E (1) by deleting the words ―this section‖ and substituting therefor the words ―section 33D of this Act‖. (iv) by inserting the following new items immediately after the proposed new section 33E—

Insert the following new section immediately after section 54 New Rights and fundamental freedoms

54A. All persons subject to this Act shall enjoy all rights and fundamental freedoms enshrined in the Constitution unless limited to the extent specified in Article 24 of the Constitution, this Act or any other Act. New Limitation of right to privacy 54B. (1) The right to privacy guaranteed under Article 31 of the Constitution is hereby limited under Article 24 of the Constitution only to the nature and extent contemplated under subsection (2).

(2) Where a person is suspected or accused of an offence under this Act—

(a) the person’s home or property may be searched; (b) the person’s possessions may be seized; (c) information relating to that person’s financial, family or private affairs where required may be revealed; or (d) the privacy of a person’s communications may be investigated or otherwise interfered with.

(3) A limitation of a right under subsection (1) shall apply only for the purpose of the prevention, detection, investigation and prosecution of proceeds of crime, money laundering

and financing of terrorism.

(d) in the proposed amendments to the Microfinance Act— (i) by inserting the following new item immediately before the proposed new section 36B—

s. 2 Insert the following definitions in their proper alphabetical sequence—

No. 17 of 2015. ―beneficial owner‖ has the meaning assigned to it under the Companies Act;

Cap. 488. ―significant shareholder‖ has the meaning assigned to it under the Banking Act;

(ii) in the proposed new section 36C by deleting the word ―twenty‖ appearing in subsection 2(a) and substituting therefor the word ―five‖; (iii) by inserting the following new items immediately after the proposed new section 36C—

Insert the following new section immediately after section 47–– New Rights and fundamental freedoms

47A. All persons subject to this Act shall enjoy all rights and fundamental freedoms enshrined in the Constitution unless limited to the extent specified in Article 24 of the Constitution, this Act or any other Act. New Limitation of right to privacy 47B. (1) The right to privacy guaranteed under Article 31 of the Constitution is hereby limited under Article 24 of the Constitution only to the nature and extent contemplated under subsection (2).

(2) Where a person is suspected or accused of an offence under this Act—

(a) the person’s home or property may be searched; (b) the person’s possessions may be seized; (c) information relating to that person’s financial, family or private affairs where required may be revealed; or (d) the privacy of a person’s communications may be investigated or otherwise interfered with.

(3) A limitation of a right under subsection (1) shall apply only for the purpose of the prevention, detection, investigation and prosecution of proceeds of crime, money laundering and financing of terrorism.

(e) in the proposed amendments to the Central Bank of Kenya Act— (i) by inserting the following new item immediately before the proposed amendments to section 4A (1)—

s. 2 Insert the following definitions in their proper alphabetical sequence—

No. 17 of 2015. ―beneficial owner‖ has the meaning assigned to it under the Companies Act;

Cap. 488. ―significant shareholder‖ has the meaning assigned to it under the Banking Act;

(ii) by inserting the following new row immediately after the proposed amendments to section 4A (1)—

Insert the following new sections immediately after section 51— New Powers on anti- money laundering, combating the financing of terrorism and countering proliferation financing matters. 51A. (1) Pursuant to sections 2A, 36A, 36B and 36C of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Central Bank shall regulate, supervise and enforce compliance for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes by all reporting institutions regulated and supervised by the Central Bank and whom the provision of the Proceeds of crime apply.

(2) In undertaking its mandate under subsection (1), the Central Bank may—

(a) vet proposed significant shareholders, proposed beneficial owners, proposed directors and senior officers of a reporting institution;

(b) conduct onsite inspection;

(c) conduct offsite surveillance;

(d) undertake consolidated supervision of a reporting institution and its group;

(e) compel the production of any document or information the Central Bank may require for the

purpose of discharging its supervisory mandate under the Proceeds of Crime and Anti- Money Laundering Act, 2009;

(f) impose monetary, civil or administrative sanctions for violations related to anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes;

(g) issue regulations, guidelines, directions, rules or instructions for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes;

(h) cooperate and share information for anti-money laundering, combating the financing of terrorism and countering proliferation financing purposes; and

(i) take such action as is necessary to supervise and enforce compliance by reporting institutions in line with the provisions of the Proceeds of Crime and Anti- Money Laundering Act and any regulations, guidelines, rules, instruction or direction made or issued thereunder.

(3) For purposes of this section, ―reporting institution‖ has the meaning assigned to it under section 2 of the Proceeds of Crime and Anti-Money Laundering Act, 2009. New Penalties for violations relating to money laundering, terrorism financing. 51B. (1) No money remittance, foreign exchange bureau, digital credit provider, director, officer, employer, agent or any other person shall violate or fail to comply with any provision of the Proceeds of Crime and Anti-Money Laundering Act, 2009, or any regulation, guideline, rule, direction or instruction issued under the said Act or under this section.

(2) A person who violates or fails to comply with the provisions of

subsection (1) shall be liable—

(a) in case of a legal person, to a penalty not exceeding five million shillings; (b) in the case of a natural person, to a penalty not exceeding one million shillings; and (c) to additional penalties not exceeding one hundred thousand shillings in each case for each day or part thereof during which such violation or non-compliance continues.

New Rights and fundamental freedoms

51C. All persons subject to this Act shall enjoy all rights and fundamental freedoms enshrined in the Constitution unless limited to the extent specified in Article 24 of the Constitution, this Act or any other Act. New Limitation of right to privacy 51D. (1) The right to privacy guaranteed under Article 31 of the Constitution is hereby limited under Article 24 of the Constitution only to the nature and extent contemplated under subsection (2).

(2) Where a person is suspected or accused of an offence under this Act—

(a) the person’s home or property may be searched; (b) the person’s possessions may be seized; (c) information relating to that person’s financial, family or private affairs where required may be revealed; or (d) the privacy of a person’s communications may be investigated or otherwise interfered with.

(3) A limitation of a right under subsection (1) shall apply only for the purpose of the prevention, detection, investigation and prosecution of proceeds of crime, money laundering and financing of terrorism.

(f) in the proposed amendments to the National Payment Systems Act— (i) by inserting the following new item immediately before the proposed new section 17A—

s. 2 Insert the following definitions in their proper alphabetical sequence—

No. 17 of 2015. ―beneficial owner‖ has the meaning assigned to it under the Companies Act;

Cap. 488. ―significant shareholder‖ has the meaning assigned to it under the Banking Act; (ii) in the proposed new section 17B (1) by deleting the word ―institution‖ and substituting therefor the words ―payment service provider‖; (iii) in the proposed new section 17B (1) by deleting the words ―this section‖ and substituting therefor the words ―section 17A of this Act‖; (iv) by inserting the following new items immediately after the proposed new section 17B— New Rights and fundamental freedoms

17C. All persons subject to this Act shall enjoy all rights and fundamental freedoms enshrined in the Constitution unless limited to the extent specified in Article 24 of the Constitution, this Act or any other Act. New Limitation of right to privacy 17D. (1) The right to privacy guaranteed under Article 31 of the Constitution is hereby limited under Article 24 of the Constitution only to the nature and extent contemplated under subsection (2).

(2) Where a person is suspected or accused of an offence under this Act—

(a) the person’s home or property may be searched; (b) the person’s possessions may be seized; (c) information relating to that person’s financial, family or private affairs where required may be revealed; or (d) the privacy of a person’s communications may be investigated or otherwise interfered with.

(3) A limitation of a right under

subsection (1) shall apply only for the purpose of the prevention, detection, investigation and prosecution of proceeds of crime, money laundering and financing of terrorism. (g) in section 2 of proposed amendments to the Limited Liability Partnerships Act by deleting the proposed new definition ―beneficial owner‖ and substituting therefor the following new definition— No. 17 of 2015. ―beneficial owner‖ has the meaning assigned to it under the Companies Act;

3) Notice is given that the Member for Kisumu East (Hon. Shakeel Shabbir) intends to move the following amendments to the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2023 at the Committee Stage—

SCHEDULE

THAT, the Schedule to the Bill be amended— (h) in the proposed amendments to the Extradition (Contiguous and Foreign Countries) Act (Cap. 76)— (i) by inserting the following additional amendment in proper chronological sequence—

Provision Amendment New Insert the following new section immediately after section 7— Time limit for extradition proceedings. 7A. Without prejudice to section 10A, when a fugitive criminal is brought before a magistrate, the hearing of the case shall conclude within three months of the institution of the proceedings.

(ii) in the proposed new section 10A by inserting the following new subsections immediately after subsection (4)— ―(5) Prior to executing a consent under this section, a fugitive criminal shall be afforded— (c) the opportunity to seek independent legal advice; and (d) an interpreter at no cost if the fugitive criminal is unable to understand the language used. (6) A consent obtained under this section shall— (c) outline the extraditable charges that it relates to; and (d) be witnessed by an adult of sound mind.

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1029) (7) For the purposes of this section ―consent‖ means the manifestation of express, unequivocal, free, specific and informed indication of the fugitive criminal’s wishes by a statement or by a clear affirmative action, signifying agreement to be extradited to the requesting state.‖ (a) in the proposed amendments to the Extradition (Commonwealth Countries) Act (Cap. 77)— (i) by inserting the following additional amendment in proper chronological sequence—

Provision

Amendment s.9 Insert the following new subsection immediately after subsection (6)— ―(7) Extradition proceedings shall conclude within six months of institution at the relevant court.‖

(ii) in the proposed new section 13A by inserting the following new subsections immediately after subsection (4)— ―(5) Prior to executing a consent under this section, a fugitive criminal shall be afforded— (c) the opportunity to seek independent legal advice; and (d) an interpreter at no cost if the fugitive criminal is unable to understand the language used. (6) A consent obtained under this section shall— (c) outline the extraditable charges that it relates to; and (d) be witnessed by an adult of sound mind. (7) For the purposes of this section ―consent‖ means the manifestation of express, unequivocal, free, specific and informed indication of the fugitive criminal’s wishes by a statement or by a clear affirmative action, signifying agreement to be extradited to the requesting state.‖ (b) in the proposed amendments to the to the National Police Service Act, No. 11A of 2011 in the proposed new section 56A by inserting the following new subsection immediately after subsection (1)— ―(1A) The Cabinet Secretary shall prescribe, in regulations, the procedure and safeguards applicable to a controlled delivery.‖ (c) in the proposed amendments to the Companies Act, No. 17 of 2015 in the proposed new section 992A by deleting the word ―six‖ appearing immediately after the words ―at least‖ and substituting therefor the word ―seven‖.

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1030)

II.

THE FOOD AND FEED SAFETY CONTROL COORDINATION

BILL (NATIONAL ASSEMBLY BILL NO. 21 OF 2023)

1) Notice is given that the Chairperson of the Departmental Committee on Agriculture and Livestock intends to move the following amendments to the Food and Feed Safety Control Co-ordination Bill, 2023 at the Committee Stage—

CLAUSE 4

THAT, Clause 4 of the Bill be amended by deleting the words ―and every person conducting food business or feed business‖.

CLAUSE 5

THAT, Clause 5 of the Bill be amended— (a) in paragraph (a), by deleting the words ―life and‖; and (b) by inserting the following new paragraphs immediately after paragraph (f)―

―(g) the promotion of sustainable production, processing and handling of food and feed; and (h) the protection of animal health.‖

CLAUSE 9

THAT, Clause 9 of the Bill be amended— (a) by deleting paragraph (d) and substituting therefor the following new paragraph― ―(d) liase with competent authorities to identify and advise on policy gaps and inadequate regulation on food safety and feed safety official control;‖

(b) in paragraph (i), by inserting the words ―coordination of official control of‖ immediately after the words ―necessary to ensure‖

CLAUSE 20

THAT, Clause 20 of the Bill be amended in sub clause (3), by inserting the words ―and each County Government‖ immediately after the words ―competent authority‖.

CLAUSE 27

THAT, Clause 27(1) of the Bill be amended in paragraph (b), by inserting the word ―of‖ immediately after the words ―makes copies‖

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1031)

FIRST SCHEDULE

THAT, the First Schedule to the Bill be amended by inserting the following new paragraph immediately after paragraph 10— ―11. Veterinary Medicines Directorate.‖

2) Notice is given that the Member for Suba South (Hon. Caroli Omondi) intends to move the following amendments to the Food and Feed Safety Control Co-ordination Bill, 2023 at the Committee Stage—

TITLE

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

―THE NATIONAL FOOD SAFETY CONTROL AND

CO-ORDINATION BILL, 2023‖

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 provide for the national control and co- ordination of food safety; to establish the Office of the Food Safety Controller; and for connected purposes‖

CLAUSE 1

THAT, Clause 1 of the Bill be amended by deleting the words ―Food and Feed Safety Control Co-ordination‖ and substituting therefor the words ―National Food Safety Control and Co-ordination‖.

CLAUSE 2

THAT, Clause 2 of the Bill be amended — (a) by deleting the following definitions— (i) ―feed;‖ (ii) ―feed business;‖ (iii) ―feed ingredient;‖ and (iv) ―feed safety.‖ (b) in the definition of ―hazard‖ by deleting the words ―or feed‖ appearing immediately after the word ―food‖; and (c) in the definition of ―official control‖ — (i) by deleting the words ―or feed‖ appearing immediately after the word ―food‖ in paragraph (a); (ii) by deleting the words ―or feed‖ appearing immediately after the word ―food‖ in paragraph (b); and

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1032) (iii) by deleting the words ―or feed business‖ appearing immediately after the word ―food business‖ in paragraph (b).

CLAUSE 3

THAT, the Bill be amended by deleting Clause 3 and substituting therefor the following new Clause —

Object of this Act.

  1. 3. The object of this Act is to—

(a) establish a national framework, through the Office of the Food Safety Controller, for the effective co- ordination of the competent authorities in the performance of their functions; and

(b) enhance transparency and accountability in the implementation of official control.

CLAUSE 4

THAT, Clause 4 of the Bill be amended by deleting the words ―or feed business‖ appearing immediately after the words ―food business.‖

CLAUSE 5

THAT, Clause 5 of the Bill be amended — (a) in paragraph (b) by deleting the words ―and feed business‖; (b) in paragraph (d) by deleting the words ―and feed safety‖; and (c) in paragraph (e) by deleting the words ―and feed business‖.

CLAUSE 8

THAT, Clause 8 of the Bill be amended — (a) in paragraph (a) by deleting the words ―or feed safety‖; and (b) in paragraph (b) by deleting the words ―or feed safety‖.

CLAUSE 9

THAT, Clause 9 of the Bill be amended — (a) in paragraph (d) by deleting the words ―and feed safety‖; (b) in paragraph (e) by deleting the words ―and feed safety‖; (c) in paragraph (f) by deleting the words ―and feed safety‖; (d) in paragraph (i) by deleting the words ―and feed safety‖; (e) by inserting the following new paragraphs immediately after paragraph (h) —

―(ha) co-ordinate the formulation and enforcement of all national food safety standards; (hb) establish and maintain a national certification and registration system for all food safety specialists;

(hc) establish and maintain a national food safety labelling and traceability system;‖

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1033)

PART III

THAT, the Heading to Part III be amended by deleting the words ―AND FEED

SAFETY‖.

CLAUSE 16

THAT, Clause 16 of the Bill be amended — (a) in sub clause (1) — (i) by deleting the words ―and feed safety‖ appearing immediately after the words ―food safety‖ in the opening statement; (ii) by deleting the words ―and feed safety‖ appearing immediately after the words ―food safety‖ in paragraph (a); (iii) by deleting the words ―and feed business‖ appearing immediately after the words ―food business‖ in paragraph (b); (iv) by deleting the words ―and feed safety‖ appearing immediately after the words ―food safety‖ in paragraph (c); (v) by deleting the words ―and feed safety‖ appearing immediately after the words ―food safety‖ in paragraph (d); (vi) by deleting the words ―and feed safety‖ appearing immediately after the words ―food safety‖ in paragraph (e); (vii) by deleting the words ―and feed safety‖ appearing immediately after the words ―food safety‖ in paragraph (g); and (viii) by deleting the words ―and feed safety‖ appearing immediately after the words ―food safety‖ in paragraph (h). (b) in sub clause (2) by deleting the words ―and feed safety‖ appearing immediately after the words ―food safety‖.

PART IV

THAT, the Heading to Part IV be amended by deleting the words ―AND FEED

SAFETY‖.

CLAUSE 18

THAT, Clause 18 of the Bill be amended by deleting sub clause (1) and substituting therefor the following new sub clause — Verification of mechanisms to enforce food safety requirements.

  1. 18. (1) The Controller shall verify that a competent

authority has mechanisms to enforce the requirements of food safety in accordance with international standards of food safety.

CLAUSE 20

THAT, Clause 20 of the Bill be amended in sub clause (1) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖.

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1034)

CLAUSE 21

THAT, Clause 21 of the Bill be amended in sub clause (1) — (a) by deleting paragraph (h); and (b) by deleting paragraph (j).

CLAUSE 22

THAT, Clause 22 of the Bill be amended— (a) in sub clause (1) by deleting the words ―and feed hazards‖ appearing immediately after the words ―food hazards‖; and (b) in sub clause (4) by deleting the words ―and feed safety‖ appearing immediately after the words ―food safety‖.

CLAUSE 23

THAT Clause 23 of the Bill be amended by deleting the words ―or feed business‖ appearing immediately after the words ―food business‖.

CLAUSE 24

THAT, Clause 24 of the Bill be amended in sub clause (2) by deleting the words ―and feed‖ appearing immediately after the word ―food‖.

CLAUSE 25

THAT, Clause 25 of the Bill be amended — (a) in sub clause (1) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖; and (b) in sub clause (2) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in paragraph (b).

SECOND SCHEDULE

THAT, the Second Schedule to the Bill be amended — (a) in the proposed amendments to the Public Health Act (Cap. 242): (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; and (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (b) in the proposed amendments to the Food, Drugs and Chemical Substances Act (Cap. 254): (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; and

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1035) (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (c) in the proposed amendments to the Dairy Industry Act (Cap. 336): (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; and (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (d) in the proposed amendments to the Fertilizers and Animal Foodstuffs Act (Cap. 345): (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (iii) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 2BA (1); (iv) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 2BA (2); and (v) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 2BA (3); (e) in the proposed amendments to the Pest Control Products Act (Cap. 346): (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (iii)by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 6A (1); (iv) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 6A (2); and (v) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 6A (3); (f) in the proposed amendments to the Meat Control Act (Cap. 356): (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1036) Control and Co-ordination Act‖ in the definition of ―Controller’; and (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (g) in the proposed amendments to the Standards Act (Cap. 496): (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (iii) by deleting the words ―or feeds‖ appearing immediately after the word ―foods‖ in the proposed new paragraph 4 (1) (da); (iv) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 4A (1); (v) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 4A (2); and (vi) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 4A (3); (h) in the proposed amendments to the Biosafety Act, 2009: (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (iii) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 7A (1); (iv) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 7A (2); and (v) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 7A (3); (i) in the proposed amendments to the Kenya Plant Health Inspectorate Service Act, 2012: (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖;

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1037) (iii)by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 5A (2); and (iv) by deleting the words ―or feed safety‖ appearing immediately after the words ―food safety‖ in the proposed new section 5A (3); (j) in the proposed amendments to the Agriculture and Food Authority Act, 2013: (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; and (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (k) in the proposed amendments to the Fisheries Management and Development Act, 2016: (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; and (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (l) in the proposed amendments to the Water Act, 2016: (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; and (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖; (m) in the proposed amendments to the Health Act, 2017: (i) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―Controller’; and (ii) by deleting the words ―Food and Feed Safety Control Coordination Act‖ and substituting therefor the words ― National Food Safety Control and Co-ordination Act‖ in the definition of ―multi-annual control plan‖.

(No. 77)

WEDNESDAY, AUGUST 23, 2023

(1038)

III.

THE WATER (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 33 OF 2023)

Notice is given that Chairperson of the Departmental Committee on Blue Economy, Water and Irrigation intends to move the following amendments to the Water (Amendment)Bill ,2023 at the Committee Stage—

CLAUSE 2

THAT, clause 2 of the Bill be amended by inserting the following new paragraph immediately after paragraph (a)— (aa)by deleting the definition of ―bulk water‖ and substituting therefor with the following new definition— ―bulk water‖ means supply of water in bulk by a water works development agency or the Water Storage Authority to water service providers for retail;

CLAUSE 5

THAT, clause 5 of the Bill be amended in the proposed new section 68A— (a) in subsection (1)by deleting the expression ―68(b) and (c)‖ and substituting therefor the expression ―68(ba)‖; and (b) in subsection (2)by inserting the word ―in the Gazette and on its website‖ immediately after the word ―publish‖.

CLAUSE 8

THAT, the Bill be amended by deleting clause 8 and substituting therefor the following new clause— Amendment of section 8 of No. 43 of 2016.

  1. 8. Section 75 of the principal Act is amended in

subsection (1)— (a) by deleting paragraph (a) and substituting therefor the following new paragraph— (a)their names, telephone numbers, electronic mail and postal addresses; (b) in paragraph (c) by deleting the word ―accredited‖ and substituting therefor the word ―licensed‖.

CLAUSE 9

THAT, the Bill be amended by deleting clause 9 and substituting therefor the following new clause— Amendment of section 93 of No. 43 of 2016.

  1. 9. Section 93 of the principal Act is amended by—

(a) deleting subsection (1) and substituting therefor the following new subsection─

(1) A contracting authority may enter into a public private partnership or public partnerships for the exercise and performance by another person as a licensee, of some or all of its functions with respect to a part or the whole of its area of water service provision. (b) deleting subsection (3) and substituting therefor the following new subsection─

(3) Where the person entering into an agreement with the contracting authority owns or possesses assets or infrastructure used for the provision of water services, the agreement shall set out the terms and conditions under which the assets may continue to be used. (c) inserting the following new subsections immediately after subsection (3)— (3A)Where a person entering into an agreement with the contracting authority fails to complete the project, the contracting authority shall take up the remaining works and complete the project. (3B) Where a party to an agreement and the contracting authority jointly or concurrently participate in undertaking the project works, the party and the contracting authority shall undertake mutual co-ordination, integration and consultation in the implementation of the whole project.

(3C) Subject to subsection (3B) each party to an agreement shall select identifiable components of the project and set out specific financial and non-financial responsibilities attached to each party on each of the components of the project.

INSERTION OF NEW CLAUSE

THAT, the Bill be amended by inserting the following new clauses immediately after clause 10— Amendment of section 114 of No. 43 of 2016. 11.Section 114 of the principal Act is amended in the opening statement by inserting the words ―or any water works development agency‖ immediately after the word

―counties‖. Repeal and replacement of section 119 of No. 43 of 2016.

  1. 12. The principal Act is amended by deleting section

119 and substituting therefor the following new section— Establishment of the water tribunal.

  1. 119. (1)There is established a

Water Tribunal. (2)The Water Tribunal shall consist of the following members appointed by the Judicial Service Commission— (a) a Chairperson who shall be an advocate of the High Court of Kenya with not less than ten years’ post qualification experience; (b) two persons one of whom shall be a registered civil engineer and the other a registered water engineer, with at least ten years’ experience; and (c) two persons who possess a degree from university recognized in Kenya and at least five years’ experience in a relevant field. (3)The Chairperson and members of the Water Tribunal shall be appointed for a term of three years and shall be eligible for reappointment for one further term of three years. (4)The Chairperson and members of the Water Tribunal shall be paid such remuneration and allowances as the Judicial Service Commission may, in consultation with the Salaries and Remuneration Commission, determine.

......./Notices*(Cont’d)

(No. 77)

WEDNESDAY, AUGUST 23, 2023 (1041)

NOT LATER THAN 3.00 P.M.

IV. QUESTION TIME IN PLENARY

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

LIMITATION OF DEBATE

The House resolved on Wednesday, February 15, 2023 as follows— Limitation of Debate on Individual Members’ Bills V. THAT, each speech in a debate on Bills NOT sponsored by a Committee, the Leader of the Majority Party or the Leader of the Minority Party shall be limited as follows: A maximum of three hours and thirty minutes, with not more than thirty (30) minutes for the Mover, in moving and ten (10) minutes in replying, a maximum of thirty (30) minutes for the Chairperson of the relevant Committee and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen minutes (15) each; and that priority in speaking shall be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order. Limitation of Debate on Bills sponsored by Parties or Committees

VI.

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

VII.

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)

(No. 77)

WEDNESDAY, AUGUST 23, 2023 (1042)

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 Reports of Audit Committees

VIII.

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 *

NOTICE PAPER

Tentative business for

Thursday, August 24, 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 Thursday, August 24, 2023–

A. COMMITTEE OF THE WHOLE HOUSE

(i) The Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill (National Assembly Bill No. 35 of 2023) (The Leader of the Majority Party) (ii) The Food and Feed Safety Control Coordination Bill (National Assembly Bill No. 21 of 2023) (The Leader of the Majority Party) (iii) The Water (Amendment) Bill (National Assembly Bill No. 33 of 2023) (The Leader of the Majority Party) (If not concluded on Wednesday, August 23, 2023 - Afternoon Sitting) (iv) The Sugar Bill (National Assembly Bill No. 34 of 2022) (The Hon. Emmanuel Wangwe, M.P.)

B. 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)

(If not concluded on Wednesday, August 23, 2023 - Afternoon Sitting)

C. 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 Wednesday, August 23, 2023 - Afternoon Sitting)

D. 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 Wednesday, August 23, 2023 - Afternoon Sitting)

E. MOTION –

REPORT ON EMPLOYMENT DIVERSITY AUDIT IN

PUBLIC INSTITUTIONS

(The Chairperson, Committee on National Cohesion and Equal

Opportunity)

(If not concluded on Wednesday, August 23, 2023 - Afternoon Sitting)

F. 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 Wednesday, August 23, 2023 - Afternoon Sitting)

G. MOTION – PROBABLE LOSS OF INVESTMENTS IN CYTONN

HIGH YIELDS SOLUTIONS PLATFORM

(The Chairperson, Public Petitions Committee)

(If not concluded on Wednesday, August 23, 2023 - Afternoon Sitting)

H. 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 Wednesday, August 23, 2023 - Afternoon Sitting)

I. ADJOURNMENT OF THE HOUSE IN ACCORDANCE WITH THE

CALENDAR OF THE HOUSE

...……../Appendix*

A P P E N D I X

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO. 7 - QUESTIONS

It is notified that, pursuant to the provisions of Standing Order 42A (6B), the Cabinet Secretary for Youth, Sports and the Arts will respond to questions in plenary on Wednesday (Afternoon), August 23, 2023 relating to–– (i) The role of the Ministry in facilitating the Kenya Team that attended the Special Olympics held in Berlin, Germany in June 2023 on the following issues: (a) how and why the Kenya’s team to the Special Olympic Games jetted out of the country without neither the Cabinet Secretary for Youth Affairs, Sports and the Arts nor a representative from the Ministry flagging them off? (b) how and why the Cabinet Secretary did not deem it reasonable to receive and celebrate the team for their monumental performance during their arrival into the country from the Games? (c) what measures is the Ministry putting in place to ensure the anomaly of ill- treating athletes doesn’t recur again? (ii) On management of Aquatic Sports in the Country–– (a) explain why Kenya Aquatics has historically been unable to comply with rules and decisions of World Aquatics including holding of elections even after a Stabilization Committee was established in 28th June 2022? (b) enumerate efforts that the Ministry has put in place to ensure that Kenya Aquatics Stabilization Committee conducts elections and state when the elections will be conducted so that World Aquatics can lift the suspension of Kenya Aquatics since 2022 from participating in any activities within World Aquatics? (c) give an undertaking that the Ministry will facilitate Kenyan swimmers to participate in the World Aquatics event scheduled for February 2024 in Doha, Qatar and in the 2024 Summer Olympics in Paris, France? (d) state how the Ministry plans to address discrimination, unfairness and opaqueness in selection criteria of swimmers participating in various local, regional, continental and international swimming competitions?

The original document

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Published by the Parliament of Kenya — original source. Text read from the retained document on 19 Aug 2026.