Wednesday, 9th August 2023, Order Paper - Afternoon Sitting

Thirteenth Parliament

Second Session

Afternoon Sitting

(No. 69)

(869)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, AUGUST 9, 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*. THE KENYA NATIONAL LIBRARY SERVICE BILL (NATIONAL

ASSEMBLY BILL NO. 20 OF 2023)

(The Chairperson, Departmental Committee on Sports and Culture) First Reading

1. 9*. THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2023)

(The Leader of the Majority Party) First Reading

1. 10*. THE PENSIONS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 44 OF 2022)

(The Hon. Didmus Barasa, M.P.) Second Reading

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

…...….……/12*

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WEDNESDAY, AUGUST 9, 2023

(870)

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*. MOTION – CONSIDERATION OF THE REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS OF STATE CORPORATIONS

(REGULATORY AND GOVERNANCE AGENCIES)

(The Chairperson, Public Investments Committee on Governance

and Education) THAT, this House adopts the Report of the Public Investments Committee on Governance and Education on its consideration of the Report of the Auditor-General on the Financial Statements of State Corporations (Regulatory and Governance Agencies) for the financial year 2018/2019, 2019/2020 and 2020/2021, laid on the Table of the House on Tuesday, 20th June 2023. (Resumption of debate interrupted on Tuesday, August 8, 2023)

1. 14*. MOTION – CONSIDERATION OF REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS FOR VARIOUS FUNDS

(The Chairperson, Special Funds Accounts Committee) THAT, this House adopts the Report of the Special Funds Accounts Committee on its consideration of the Report of the Auditor-General on the Financial Statements for the Women Enterprise Fund, Coffee Cherry Advance Revolving Fund, Strategic Food Reserve Trust Fund, Equalisation Fund, Mechanical and Transport Fund, National Research Fund, Youth Enterprise Development Fund, Uwezo Fund and Civil Servants Housing Scheme Fund, laid on the Table of the House on Thursday, 15th June 2023.

1. 15*. MOTION – CONSIDERATION OF THE EXCISE DUTY

(AMENDMENT) REGULATIONS, 2023

(The Chairperson, Committee on Delegated Legislation) THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Excise Duty (Amendment) Regulations, 2023, laid on the Table of the House on Tuesday, 1st August 2023, and pursuant to section 15(4) of the Statutory Instruments Act, 2013, approves the Excise Duty (Amendment) Regulations, 2023 published as Legal Notice No. 40 of 2023.

…...….……/16*

(No. 69)

WEDNESDAY, AUGUST 9, 2023

(871)

1. 16*. 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.

1. 17*. 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.

1. 18*. 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)

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. 19*. THE FOOD AND FEED SAFETY CONTROL COORDINATION BILL

(NATIONAL ASSEMBLY BILL NO. 21 OF 2023)

(The Leader of the Majority Party) Second Reading

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

(NATIONAL ASSEMBLY BILL NO. 60 OF 2022)

(The Leader of the Majority Party) Second Reading …...….……/21*

(No. 69)

WEDNESDAY, AUGUST 9, 2023

(872)

1. 21*. THE SUGAR BILL (NATIONAL ASSEMBLY BILL NO. 34 OF 2022)

(The Hon. Emmanuel Wangwe, M.P.)

Second Reading

*Denotes Orders of the Day*

……....../Notices*

(No. 69)

WEDNESDAY, AUGUST 2, 2023

(873)

N O T I C E S

NOT LATER THAN 3.00 P.M.

I.

QUESTION TIME IN PLENARY

PURSUANT to the provisions of Standing Order 42A(6B), the Speaker will today, not later than 3.00 p.m., invite the Cabinet Secretary for Interior and National Administration, the Cabinet Secretary for Information, Communications and the Digital Economy and the Cabinet Secretary for Defence 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

II.

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 Other Committee Reports

III.

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

(No. 69)

WEDNESDAY, AUGUST 2, 2023

(874)

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 IV. 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. Limitation of Debate on Bills sponsored by Parties or Committees V. 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.

..…....../Notice Paper*

NOTICE PAPER

Tentative business for

Thursday, August 10, 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 10, 2023–

A. MOTION –

INQUIRY INTO THE MAIZE FLOUR SUBSIDY

PROGRAMME FOR THE FINANCIAL YEAR 2022/2023

(The Chairperson, Departmental Committee on Agriculture and

Livestock)

(Mover to reply)

B. MOTION –

CONSIDERATION OF THE REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS OF STATE CORPORATIONS

(REGULATORY AND GOVERNANCE AGENCIES)

(The Chairperson, Public Investments Committee on Governance

and Education) (If not concluded on Wednesday, August 9, 2023 – Afternoon Sitting)

C. MOTION –

CONSIDERATION OF REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS FOR VARIOUS FUNDS

(The Chairperson, Special Funds Accounts Committee) (If not concluded on Wednesday, August 9, 2023 – Afternoon Sitting)

D. MOTION –

CONSIDERATION OF THE EXCISE DUTY

(AMENDMENT) REGULATIONS, 2023

(The Chairperson, Committee on Delegated Legislation)

(If not concluded on Wednesday, August 9, 2023 – Afternoon Sitting)

E. 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 9, 2023 – Afternoon Sitting)

F. 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 9, 2023 – Afternoon Sitting)

G. 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 9, 2023 – Afternoon Sitting)

H. THE FOOD AND FEED SAFETY CONTROL COORDINATION BILL

(NATIONAL ASSEMBLY BILL NO. 21 OF 2023)

(The Leader of the Majority Party) Second Reading (If not concluded on Wednesday, August 9, 2023 – Afternoon Sitting)

I. 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 9, 2023 – Afternoon Sitting)

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO. 7 - QUESTIONS

It is notified that, pursuant to the provisions of Standing Order 42A (6B), the following Cabinet Secretaries will respond to questions in plenary on Wednesday (Afternoon), August 9, 2023 –– I. The Cabinet Secretary for Interior and National Administration and the Cabinet Secretary for Information, Communications and the Digital Economy—

II. The Cabinet Secretary for Defence—

QUE. NO

QUESTION BY PRIVATE NOTICE

QPN

008/2023 The Member for Ugunja (Hon. Opiyo Wandayi, MP) to ask the Cabinet Secretary for Defence:-

Could the Cabinet Secretary-

(i) provide an update on the status of security along all the borders of the country and what specific measures are implemented by the Ministry to safeguard the border areas prone to attacks?

(ii) provide a detailed report on the recent surge of Al-Shabaab terror attacks in the country, including the number of incidents, casualties, and state the actions by the government to fortify border security with Somalia and prevent the entry of Al- Shabaab militants into the country?

(iii) clarify whether the government has collaborated with regional partners and neighboring countries to formulate a coordinated approach in tackling the cross-border challenges posed by Al Shabaab?

(iv) explain the steps taken by the government to enhance intelligence gathering and surveillance capabilities to proactively respond to terrorist attacks?

(v) clarify whether there are rehabilitation programs in place to reintegrate individuals who may have been influenced or recruited by Al-Shabaab into society? If so, what are the outcomes and challenges of these programs?

QUE. NO

ORDINARY QUESTIONS

229/2023 The Member for Mwingi North (Hon. Paul Nzengu, MP) to ask the Cabinet Secretary for Defence: - Could the Cabinet Secretary- (i) outline any peaceful milestones and other achievements attained by sending our Kenya Defence Forces troops to the Democratic Republic of Congo (DRC)?

(ii) explain the exit strategy for our troops from the DRC?

230/2023 The Member for Kacheliba (Hon. Titus Lotee, MP) to ask the Cabinet Secretary for Defence: - Could the Cabinet Secretary – (i) explain measures put in place to curb serious malpractices like bribery and nepotism during military recruitment so as to accord poor but well-deserving Kenyans fair opportunity for recruitment?

(ii) explain the affirmative action strategies that the Government is putting in place to ensure that Kenyans from marginalized regions are considered for the ever-elusive military jobs?

(iii) explain mechanisms that the Government has put in place to enable Kenyans report on malpractices witnessed during subsequent military recruitments?

311/2023 The Nominated Member (Hon. Ali Abdisirat, MP) to ask the Cabinet Secretary for Defence: - Could the Cabinet Secretary –

(i) provide timelines within which the family of the late Ms. Naima Abbas, a minor and the late Ms. Elmia Abbas, who was expectant, will be compensated for their murder on 7th of April 2019 within an abandoned Kenya Defence Forces (KFC) Camp in the Diff area of Wajir County due to an explosion from an unexploded ordinance that resulted in their dismemberment?

(ii) clarify whether KDF is considering providing psychosocial support to the immediate family affected by this incident?

(iii) outline the plans underway to clear landmines and any other explosives in the North Eastern Area, including Wajir and Samburu, that were left after military activities in the region that pose significant threat to the safety of local residents?

312/2023 The Member for Moyale (Hon. Guyo Jaldesa, MP) to ask the Cabinet Secretary for Defence: - Could the Cabinet Secretary –

(i) explain the circumstances under which the Kenya Defence Forces (KDF) settled in Odha Camp, Moyale Constituency and whether the prevailing conditions in the area still justify their continued presence?

(ii) provide details regarding the source of the land provided to KDF for settlement and whether there exists an agreement between the local landowners and the Government regarding compensation?

(iii) provide justification behind KDF’s decision to place beacons in people’s homes, schools, mosques, and farms, which have been perceived as attempts to acquire additional land, and further enumerate the corporate social responsibility (CSR) initiatives undertaken by KDF since its settlement in Moyale in 1980?

313/2023 The Member for Moiben (Hon. Phyllis Bartoo, MP) to ask the Cabinet Secretary for Defence: - Could the Cabinet Secretary explain why CPL Jackson Kimeli Cheruiyot, Service Number 60621 (Ex-Service Member), who served in the military for 26 years, is yet to receive compensation for injuries sustained in an IED explosion in Kismayu on 17th June 2013 while operating a water bowser during the performance of his duties?

314/2023 The Member for Suna West (Hon. Peter Masara, MP) to ask Cabinet Secretary for Defence: - Could the Cabinet Secretary – (i) explain the circumstances under which Mr. Churchill Odhiambo Osano (Service No. 77712), an ex-soldier in the Kenya Defence

Forces, was forcefully evicted from the Department of Defence Married Quarters (MQ) within the camp?

(ii) state when Mr. Churchill Odhiambo will be allowed to access the camp to collect his personal belongings that were locked up since the forceful eviction?

(iii) state when Mr. Churchill Odhiambo will be paid Disability Pension and Compensation since he was discharged from the service on medical grounds as a disabled person on 31st August 2019?