Tuesday, July 4, 2023 At 2.30 P.m

Thirteenth Parliament

Second Session

(No. 55)

(759)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

TUESDAY, JULY 4, 2023 AT 2.30 P.M.

ORDER OF BUSINESS

PRAYERS

1. Administration of Oath

1. 2. Communication from the Chair
2. 3. Messages
3. 4. Petitions
4. 5. Papers
5. 6. Notices of Motion
6. 7. Questions and Statements
7. 8*. MOTION – CONSIDERATION

OF

THE

PUBLIC

FINANCE

MANAGEMENT

(NATIONAL

PEACE

SUPPORT

OPERATIONS FUND) 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 Public Finance Management (National Peace Support Operations Fund) Regulations, 2023, laid on the Table of the House on Wednesday, 21st June, 2023, and pursuant to the provisions of section 24(4) of the Public Finance Management Act, 2012, approves the Public Finance Management (National Peace Support Operations Fund) Regulations, published as Legal Notice No. 58 of 2023.

(Question to be put)

1. 9*. THE ECONOMIC AND SOCIAL RIGHTS BILL (SENATE BILL NO. 7 OF

2022) (The Chairperson, Departmental Committee on Justice and Legal Affairs) First Reading

…….……/10*

(No. 55)

TUESDAY, JULY 4, 2023

(760)

1. 10*. SPECIAL MOTION -

CONSIDERATION OF A NOMINEE FOR

APPOINTMENT AS A MEMBER OF THE

SALARIES AND REMUNERATION

COMMISSION

(The Chairperson, Departmental Committee on Labour) THAT, taking into consideration the findings of the Departmental Committee on Labour in its Report on the vetting of a nominee for the appointment as a member of the Salaries and Remuneration Commission, laid on the Table of the House on Tuesday, 27th June 2023, and pursuant to the provisions of Article 250(2)(b) of the Constitution, section 7 (11) of the Salaries and Remuneration Commission Act, 2011 and section 8(1) of the Public Appointments (Parliamentary Approval) Act, 2011, this House rejects the appointment of Dr. Phyllis Wambui Wagacha as a Member of the Salaries and Remuneration Commission.

1. 11*. MOTION – RATIFICATION OF THE BAMAKO CONVENTION ON

THE BAN OF THE IMPORTATION INTO AFRICA AND

THE CONTROL OF TRANSBOUNDARY MOVEMENT AND

MANAGEMENT OF HAZARDOUS WASTE WITHIN AFRICA

(The Chairperson, Departmental Committee on Environment, Forestry and Mining) THAT, this House adopts the Report of the Departmental Committee on Environment, Forestry and Mining on its consideration of the ratification of the Bamako Convention on the Ban of the Importation into Africa and the Control of Transboundary Movement and Management of Hazardous Waste Within Africa, laid on the Table of the House on Thursday, 4th May 2023, and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the Ratification of the Bamako Convention on the Ban of the Importation into Africa and the Control of Transboundary Movement and Management of Hazardous Waste Within Africa.

1. 12*. MOTION – RATIFICATION OF THE MINAMATA CONVENTION

ON MERCURY

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

THAT, this House adopts the Report of the Departmental Committee on Environment, Forestry and Mining on its consideration of the ratification of the Minamata Convention on Mercury, laid on the Table of the House on Wednesday, 21st June, 2023 and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the ratification of the Minamata Convention on Mercury.

…….……/13*

(No. 55)

TUESDAY, JULY 4, 2023

(761)

1. 13*. MOTION – APPROVAL

OF

THE

DEFENCE

COOPERATION

AGREEMENT BETWEEN THE GOVERNMENT OF THE

REPUBLIC OF KENYA AND THE GOVERNMENT OF THE

REPUBLIC OF SEYCHELLES

(The Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations) THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its consideration of the Defence Cooperation Agreement between the Government of the Republic of Kenya and the Government of the Republic of Seychelles, laid on the Table of the House on Tuesday, 13th June, 2023 and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the Defence Cooperation Agreement between the Government of the Republic of Kenya and the Government of the Republic of Seychelles.

1. 14*. MOTION – CONSIDERATION OF THE DRAFT CHARTER FOR THE

OPEN UNIVERSITY OF KENYA

(The Chairperson, Committee on Delegated Legislation)

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the draft Charter for the Open University of Kenya, laid on the Table of the House on Thursday, 29th June, 2023, and pursuant to the provisions of section 24(1) of the Universities Act, 2012, approves the award of Charter for the Open University of Kenya.

1. 15*. MOTION – CONSIDERATION OF THE CONSOLIDATED FUND

SERVICE EXPENDITURES UNDER THE FINANCIAL

YEAR 2023/2024 BUDGET ESTIMATES

(The Chairperson, Public Debt and Privatization Committee) THAT, this House adopts the Report of the Public Debt and Privatization Committee on its consideration of the Consolidated Fund Service Expenditures under the financial year 2023/2024 Budget Estimates, laid on the Table of the House on Wednesday, 21st June 2023.

1. 16*. THE NATIONAL RATING BILL (NATIONAL ASSEMBLY BILL NO. 55

OF 2022)

(The Leader of the Majority Party) Second Reading

1. 17*. THE FOOD AND FEED SAFETY CONTROL COORDINATION BILL

(NATIONAL ASSEMBLY BILL NO. 21 OF 2023)

(The Leader of the Majority Party) Second Reading …....../18*

(No. 55)

TUESDAY, JULY 4, 2023

(762)

1. 18*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 60 OF 2022)

(The Leader of the Majority Party) Second Reading

1. 19*. THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILL

NO. 12 OF 2023)

(The Leader of the Majority Party) Second Reading

1. 20*. MOTION – REPORT ON THE UNITED NATIONS CONVENTION

AGAINST CORRUPTION (UNCAC) AND GLOBAL

PARLIAMENTARIANS AGAINST CORRUPTION

(GOPAC) MEETING

(The Leader of the Delegation) THAT, this House notes the Report of the Kenya Delegation to the Parliamentary Dialogue on United Nations Convention Against Corruption (UNCAC) and Global Parliamentarians Against Corruption (GOPAC) Annual General Meeting, held in Doha, Qatar from 8th to 9th March 2023, laid on the Table of the House on Wednesday, 26th April, 2023.

*Denotes Orders of the Day*

…....../Notices*

(No. 55)

TUESDAY, JULY 4, 2023

(763)

N O T I C E S

LIMITATION OF DEBATE

The House resolved on Wednesday, February 15, 2023 as follows— Limitation of Debate on Motions I. THAT, each speech in a debate on any Motion, including a Special motion shall be limited in the following manner: A maximum of three hours with not more than twenty (20) minutes for the Mover and ten (10) minutes for each other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen (15) minutes each, and that ten (10) minutes before the expiry of the time, the Mover shall be called upon to reply; and that priority in speaking 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 II. THAT, each speech in a debate on Other Committee Reports, including a Report of a Joint Committee of the Houses of Parliament or any other Report submitted to the House for which limitation of time has not been specified, shall be limited as follows:- A maximum of two and a half hours, with not more than twenty (20) minutes for the Mover in moving and five (5) minutes for any other Member speaking, including the Leader of the Majority Party and the Leader of the Minority Party and the Chairperson of the relevant Committee (if the Committee Report is not moved by the Chairperson of the relevant Committee), and that ten (10) minutes before the expiry of the time, the Mover shall be called upon to reply; and further that priority in speaking shall be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order. Limitation of Debate on Bills sponsored by Parties or Committees III. THAT, each speech in a debate on Bills sponsored by a Committee, the Leader of the Majority Party or the Leader of the Minority Party shall be limited as follows: A maximum of forty five (45) minutes for the Mover, in moving and fifteen minutes (15) in replying, a maximum of thirty (30) minutes for the Chairperson of the relevant Committee (if the Bill is not sponsored by the relevant Committee), and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen minutes (15) each (if the Bill is not sponsored by either of them); and that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order. ..…....../Notice Paper I*

NOTICE PAPER I

Tentative business for

Wednesday (Morning), July 5, 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), July 5, 2023–

A. MOTION –

DEVELOPMENT OF A POLICY AND FUNDING FOR

JUNIOR SECONDARY SCHOOLS

(The Hon. Geoffrey Ruku, M.P.) (Resumption of debate interrupted on Wednesday, May 3, 2023 – Morning Sitting) (Balance of time – 2 hours 50 minutes)

B. MOTION –

ESTABLISHMENT OF A NATIONAL CANCER

PREVENTION AND CONTROL FUND

(The Hon. Timothy Toroitich, M.P.)

C. THE PUBLIC SERVICE (VALUES AND PRINCIPLES) (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 46 OF 2022)

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

Second Reading

D. THE PENAL CODE (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 56 OF 2022)

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

Second Reading

E. MOTION –

DEVELOPMENT AND IMPLEMENTATION OF A

CHILDCARE PROGRAMME FOR CHILDREN WHOSE

PARENTS ARE IN LAWFUL CUSTODY

(The Hon. Brighton Yegon, M.P.)

F. MOTION –

NATIONAL POLICY ON DEWORMING OF SCHOOL-

GOING CHILDREN

(The Hon. Machua Waithaka, M.P.)

G. THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 59 OF 2022)

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

Second Reading

H. THE PUBLIC SERVICE INTERNSHIP BILL (NATIONAL ASSEMBLY

BILL NO. 58 OF 2022)

(The Hon. Naisula Lesuuda, M.P.)

Second Reading

I. MOTION –

PUBLIC HEALTH CONCERNS AT LANG’ATA

CEMETERY

(The Hon. Phelix Odiwuor, M.P.)

J. MOTION –

DEVELOPMENT AND IMPLEMENTATION OF A

PROGRAMME FOR REGULARIZATION OF LAND

OCCUPIED BY SQUATTERS

(The Hon. Mark Mwenje, M.P.)

K. MOTION –

EXPANSION OF DRUG AND SUBSTANCE ABUSE

REHABILITATION CENTRES

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

L. MOTION –

BANNING THE GROWING OF EUCALYPTUS TREES

IN THE COUNTRY

(The Hon. Moses Kirima M.P.)

M. MOTION –

ESTABLISHMENT OF STRATEGIC GRAIN STORAGE

RESERVES AND SILOS IN CLOSE PROXIMITY TO

SMALLHOLDER FARMERS

(The Hon. Jessica Mbalu M.P.)

N. MOTION –

POLICY ON INTEGRATING A CURRICULUM FOR

ENVIRONMENTAL CONSERVATION IN PRIMARY AND

SECONDARY SCHOOLS

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

O. MOTION –

REGULATION OF THE SUGAR INDUSTRY TO

DISCOURAGE BRANDING OF SUGAR BY NON-

MILLERS

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

P. MOTION –

INTRODUCTION OF COMPREHENSIVE HEALTH

EDUCATION AS A CORE SUBJECT IN SCHOOLS

(The Hon. Jane Maina, M.P.)

Q. MOTION –

POLICY FOR THE PROVISION OF MENTAL HEALTH

SERVICES IN ALL HEALTHCARE FACILITIES

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

R. MOTION –

IMPLEMENTATION OF FIRST AID TRAINING AS A

CORE SUBJECT IN SCHOOLS

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

S. MOTION –

ESTABLISHMENT OF A NATIONAL FUND TO

SUPPORT VICTIMS OF GENDER-BASED VIOLENCE

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

T. MOTION –

URGENT ACTION TO ADDRESS THE RECENT SURGE

IN ROAD ACCIDENTS IN THE COUNTRY

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

U. MOTION –

ADOPTION OF GOVERNMENT-TO-GOVERNMENT

(G2G) MODEL TO ACQUIRE AND SUPPLY

FERTILIZERS TO FARMERS AT SUBSIDISED COST

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

V. MOTION –

POLICY AND FUNDING FOR SUGARCANE FARMING IN

THE COUNTRY

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

W. MOTION –

PROVIDING A SAFETY NET FOR CAREGIVERS OF

PERSONS WITH SEVERE DISABILITIES

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

X. MOTION –

NATIONAL SENSITIZATION AND SUPPORT FOR

COMBATING SICKLE CELL AND HAEMOPHILIA

DISEASES

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

Y. MOTION –

DEVELOPMENT OF A SATELLITE-BASED CLIMATE

CHANGE MONITORING POLICY

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

Z. MOTION –

ESTABLISHMENT OF A SCIENCE MUSEUM

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

AA. MOTION –

AFFIRMATIVE ACTION PLAN FOR THE PROVISION OF

WATER IN ARID AND SEMI-ARID AREAS

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

………./Notice Paper II*

NOTICE PAPER II

Tentative business for

Wednesday (Afternoon), July 5, 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), July 5, 2023–

A. MOTION – RATIFICATION OF THE MINAMATA CONVENTION

ON MERCURY

(The Chairperson, Departmental Committee on Environment, Forestry and Mining) (If not concluded on Tuesday, July 4, 2023)

B. MOTION – APPROVAL OF THE DEFENCE COOPERATION

AGREEMENT BETWEEN THE GOVERNMENT OF THE

REPUBLIC OF KENYA AND THE GOVERNMENT OF

THE REPUBLIC OF SEYCHELLES

(The Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations) (If not concluded on Tuesday, July 4, 2023)

C. MOTION –

CONSIDERATION OF THE DRAFT CHARTER FOR THE

OPEN UNIVERSITY OF KENYA

(The Chairperson, Committee on Delegated Legislation) (If not concluded on Tuesday, July 4, 2023)

D. MOTION –

CONSIDERATION OF THE CONSOLIDATED FUND

SERVICE EXPENDITURES UNDER THE FINANCIAL

YEAR 2023/2024 BUDGET ESTIMATES

(The Chairperson, Public Debt and Privatization Committee) (If not concluded on Tuesday, July 4, 2023)

E. THE NATIONAL RATING BILL (NATIONAL ASSEMBLY BILL NO. 55 OF

2022) (The Leader of the Majority Party) Second Reading (If not concluded on Tuesday, July 4, 2023)

F. 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 Tuesday, July 4, 2023)

G. 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, July 4, 2023)

H. THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILL NO.

12 OF 2023)

(The Leader of the Majority Party) Second Reading (If not concluded on Tuesday, July 4, 2023)

I. MOTION –

REPORT ON UNITED NATIONS CONVENTION

AGAINST

CORRUPTION

(UNCAC)

AND

GLOBAL

PARLIAMENTARIANS AGAINST CORRUPTION (GOPAC)

ANNUAL GENERAL MEETING

(The Leader of the Delegation)

(If not concluded on Tuesday, July 4, 2023)

….……../Notice of Questions*

NOTICE OF 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), July 5, 2023 as follows– A. The Cabinet Secretary for Water, Sanitation and Irrigation will respond to the following Questions–

QUESTION BY PRIVATE NOTICE

Que. No. Member Subject

QPN.

007/2023 Hon. Samuel Atandi, MP (Alego Usonga Constituency) Collapsing dykes around Lake Kanyaboli

ORDINARY QUESTIONS

Que. No. Member Subject Question No. 158/2023 Hon. Benard Shinali, MP (Ikolomani Constituency) Transfer of Moi’s Bridge-Matunda Water Supply and Sanitation Project to North Rift Valley Water Works Development Agency

Question No. 159/2023 Hon. Joseph Emathe, MP (Turkana Central Constituency) Status of Naoros Irrigation Scheme and Nadoto Irrigation Scheme in Turkana County

B. The Cabinet Secretary for Lands, Public Works, Housing and Urban Development will respond to the following Questions– Que. No. Member Subject Question No. 084/2023 Hon. Gideon Mulyungi, MP (Mwingi Central Constituency) Resurvey of Title Deeds of lands in Mui Coal Basin

Question No. 085/2023 Hon. Gideon Mulyungi, MP (Mwingi Central Constituency) Contract for the High Mast Security Lighting Project in Mwingi Town Question No. 086/2023 Hon. Caleb Amisi, MP (Saboti Constituency) Governance and Administrative structures of Kwale International Sugar Company

Question No. 109/2023 Hon. David Gikaria,

MP

(Nakuru Town East Constituency) Report on persons who were engaged in the Kazi Mtaani project Phase 3 in 2022 in Nakuru Town East Question No. 117/2023 Hon. Mark Mwenje,

MP

(Embakasi West Constituency) Status of ownership of ‘EMCO’ parcel of land in Embakasi West

C. The Cabinet Secretary for Labour and Social Protection will respond to the following Questions– Que. No. Member Subject Question No. 088/2023 Hon. Brighton Yegon, MP (Konoin Constituency) Report on Kenyans working Saudi Arabia

Question No. 089/2023 Hon. Robert Basil, MP (Yatta Constituency) Incorporation of new senior citizens into the Older Persons Cash Transfer (OPCT) Scheme

Question No. 090/2023 Hon. Brighton Yegon, MP (Konoin Constituency) Support for children whose parents or guardians are serving life sentences

Question No. 091/2023 Hon. Joyce Kamene, MP (Machakos County) Effecting the National Social Protection Policy and National Policy on orphans

Question No. 092/2023 Hon. Jane Maina, MP (Kirinyaga Constituency) Updating Inua Jamii data to ensure only verified beneficiaries receive the cash

Question No. 160/2023 Hon. Machua Waithaka, MP (Kiambu Constituency) Eligibility of cancer survivors being registered as Persons with Disabilities (PWDs)

.….……../Appendix*

A P P E N D I X

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO. 4 - PETITIONS

It is notified that, pursuant to the provisions of Standing Order 225, the following Petition will be presented –

No. Subject Petitioner(s) Relevant Committee

33/2023 Compensation of persons affected by Mombasa – Mariakani Road dualling Project To be presented by the Hon. Bady Twalib (Jomvu) on behalf of the residents of Jomvu Constituency

Public Petitions