Tuesday, May 2, 2023 At 2.30 P.m

Thirteenth Parliament

Second Session

(No. 37)

(275)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

TUESDAY, MAY 2, 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 PROCEEDINGS OF THE FIRST

ORDINARY SESSION OF THE SIXTH PAN-AFRICAN

PARLIAMENT (PAP)

(Member of the Pan-African Parliament) THAT, this House notes the Report of the Kenya Delegation to the Pan- African Parliament (PAP) on the Proceedings of the First Ordinary Session of the Sixth Parliament, laid on the Table of the House on Tuesday, 28th February 2023. (Question to be put)

1. 9*. MOTION – CONSIDERATION OF THE REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS FOR THE NATIONAL GOVERNMENT

CONSTITUENCIES

DEVELOPMENT

FUND

FOR

TWENTY-SIX CONSTITUENCIES

(The Chairperson, Decentralized Funds Accounts Committee) THAT, this House adopts the Report of the Decentralized Funds Accounts Committee on the consideration of the Reports of the Auditor-General on the Financial Statements for the National Government Constituencies ….……/9*(Cont’d)

(No. 37)

TUESDAY, MAY 2, 2023

(276) Development Fund for Twenty-Six Constituencies in the Counties of Mombasa, Kilifi, Kwale, Taita Taveta, Lamu and Tana River for financial years 2013/2014, 2014/2015, and 2015/2016, laid on the Table of the House on Tuesday, 25th April 2023.

1. 10*. MOTION – REPORT OF THE KENYAN DELEGATION TO THE

PARLIAMENTARY DIALOGUE ON UNITED NATIONS

CONVENTION AGAINST CORRUPTION (UNCAC)

AND

GLOBAL

PARLIAMENTARIANS

AGAINST

CORRUPTION

(GOPAC)

ANNUAL

GENERAL

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.

1. 11*. MOTION – GENERAL DEBATE ON THE PROPOSAL TO

PARLIAMENT TO CONSIDER AMENDING THE

CONSTITUTION AND THE STANDING ORDERS

(The Leader of the Majority Party)

THAT, noting the contents of a Memorandum submitted to Parliament by His Excellency the President asking Parliament to consider initiating amendments to the Constitution; Acknowledging that, actualization of the proposals which relate to, inter alia, the composition of Parliament as provided for in Articles 97 and 98 of the Constitution in order to attain the two-thirds gender principle, the creation of the office of Leader of Official Opposition in Parliament, and the inclusion of various funds in the Constitution, would necessitate amendment to the Constitution, while the restructuring of parliamentary oversight to allow for Cabinet Secretaries to appear before the Houses of Parliament to respond to Questions by Members would require the amendment of Standing Orders; Further acknowledging that, the Speaker, vide a Notification issued on 9th December 2022 referred the matters raised in the Memorandum to the Departmental Committee on Justice and Legal Affairs with regard to proposals relating to the implementation of the Two-Thirds Gender principle and the establishment of the Office of the Leader of Official Opposition; The Joint Parliamentary Ad Hoc Committee with regard to proposals to amend the Constitution to entrench the Constituency Development, Senate Oversight and National Government Affirmative Action Funds; and The Procedure & House Rules Committee with regard ….……/11*(Cont’d)

(No. 37)

TUESDAY, MAY 2, 2023

(277) to proposals to amend the Standing Orders to strengthen parliamentary oversight of the Executive, so as to facilitate public participation pursuant to Article 118 of the Constitution; NOW THEREFORE, pursuant to the provisions of Articles 1(2) and 95(2) of the Constitution, this House notes, considers and makes general comments on the proposals contained in the Memorandum by His Excellency the President. (Resumption of debate interrupted on Wednesday, March 8, 2023 – Afternoon Sitting)

1. 12*. 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. 37)

TUESDAY, MAY 2, 2023

(278)

N O T I C E S

LIMITATION OF DEBATE

The House resolved on Wednesday, February 15, 2023 as follows— Limitation of Debate on Reports of Audit Committees I. 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 on General Debate on the Proposal to Parliament to consider amending the Constitution and the Standing Orders II. THAT, each speech on the debate on the Motion on the General Debate on the Proposal to Parliament to Consider Amending the Constitution and the Standing Orders shall be limited as follows: A maximum of twenty (20) minutes for the Mover in moving and ten (10) minutes in replying, and 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 in speaking be accorded to the Leader of the Majority Party and the Leader of the Minority Party in that order.

III. Limitation of Debate on Bills sponsored by Parties or Committees 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 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.

(No. 37)

TUESDAY, MAY 2, 2023

(279)

Limitation of Debate on Other Committee Reports IV. THAT, each speech in a debate on Other Committee Reports, including a Report of a Joint Committee of the Houses of Parliament or any other Report submitted to the House for which limitation of time has not been specified, shall be limited as follows:- A maximum of two and a half hours, with not more than twenty (20) minutes for the Mover in moving and five (5) minutes for any other Member speaking, including the Leader of the Majority Party and the Leader of the Minority Party and the Chairperson of the relevant Committee (if the Committee Report is not moved by the Chairperson of the relevant Committee), and that ten (10) minutes before the expiry of the time, the Mover shall be called upon to reply; and further that priority in speaking shall be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

...…....../Notice Paper I*

NOTICE PAPER I

Tentative business for

Wednesday (Morning), May 3, 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), May 3, 2023 –

A. MOTION –

REGULATION OF THE BETTING INDUSTRY

(The Hon. Duncan Mathenge, M.P.)

(Motion as amended)

(Question to be put)

B. THE

NATIONAL

TRANSPORT

AND

SAFETY

AUTHORITY

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 43 OF 2022)

(The Hon. Simon King’ara, M.P.)

Second Reading

(Question to be put)

C. THE KENYA DRUGS AUTHORITY BILL (NATIONAL ASSEMBLY

BILL NO. 54 OF 2022)

(The Hon. (Dr.) Robert Pukose, M.P.)

First Reading

D. THE ASSISTED REPRODUCTIVE TECHNOLOGY BILL (NATIONAL

ASSEMBLY BILL NO. 61 OF 2022)

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

First Reading

E. THE HEALTH (AMENDMENT) (No. 2) BILL (NATIONAL ASSEMBLY

BILL NO. 42 OF 2022)

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

Second Reading

(Resumption of debate interrupted on Wednesday, April 26, 2023 – Morning Sitting)

(Balance of time – 2 hours 16 minutes)

F. MOTION –

DEVELOPMENT OF A POLICY AND FUNDING FOR

JUNIOR SECONDARY SCHOOLS

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

G. MOTION –

ESTABLISHMENT OF A NATIONAL CANCER

PREVENTION AND CONTROL FUND

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

H. THE

PUBLIC

SERVICE

(VALUES

AND

PRINCIPLES)

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 46 OF 2022)

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

Second Reading

I. MOTION –

DEVELOPMENT AND IMPLEMENTATION OF A

CHILDCARE PROGRAMME FOR CHILDREN WHOSE

PARENTS ARE IN LAWFUL CUSTODY

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

J. MOTION –

NATIONAL POLICY ON DEWORMING OF SCHOOL-

GOING CHILDREN

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

K. MOTION –

PUBLIC HEALTH CONCERNS AT LANG’ATA

CEMETERY

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

L. MOTION –

DEVELOPMENT AND IMPLEMENTATION OF A

PROGRAMME FOR REGULARIZATION OF LAND

OCCUPIED BY SQUATTERS

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

M. MOTION –

BANNING THE GROWING OF EUCALYPTUS TREES

IN THE COUNTRY

(The Hon. Moses Kirima M.P.)

………./Notice Paper II*

NOTICE PAPER II

Tentative business for

Wednesday (Afternoon), May 3, 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), May 3, 2023–

A. MOTION –

CONSIDERATION OF THE REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS FOR THE NATIONAL GOVERNMENT

CONSTITUENCIES

DEVELOPMENT

FUND

FOR

TWENTY-SIX CONSTITUENCIES

(The Chairperson, Decentralized Funds Accounts Committee) (If not concluded on Tuesday, May 2, 2023)

B. MOTION – REPORT OF THE KENYAN DELEGATION TO THE

PARLIAMENTARY DIALOGUE 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, May 2, 2023)

C. MOTION –

GENERAL DEBATE ON THE PROPOSAL TO

PARLIAMENT TO CONSIDER AMENDING THE

CONSTITUTION AND THE STANDING ORDERS

(The Leader of the Majority Party)

(If not concluded on Tuesday, May 2, 2023)

D. 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, May 2, 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 question in plenary on Wednesday (Afternoon), May 3, 2023 as follows: A. Cabinet Secretary for Education will respond to the following Questions:

QUESTION BY PRIVATE NOTICE

Que. No. Member Subject

Question No.

QPN

006/2023 Hon. Mark Mwenje, MP (Embakasi West Constituency) Invasion of Umoja I Primary school in Embakasi, Nairobi City County.

ORDINARY QUESTIONS

Question No. 102/2023 Hon. Oku Kaunya, MP (Teso North Constituency) Funds channeled towards construction of Junior Secondary Schools countrywide. Question No. 103/2023 Hon. Abdul Haro, MP (Mandera South Constituency) Introduction of school feeding programme and supply of clean water to schools. Question No. 103A/2023 Hon. Oku Kaunya, MP (Teso North Constituency) Plans to ensure smooth transition of leaners from Grade 7 to Junior Secondary School. Question No. 112/2023 Hon. Machua Waithaka, MP (Kiambu Constituency) Plight of Government- sponsored students undertaking their studies in Cuba.

B. Cabinet Secretary for Energy and Petroleum will respond to the following Questions:

Que. No. Member Subject Question No. 094/2023 Hon. Amina Mnyazi, MP (Malindi Constituency) Measures being taken to cushion water utility companies from high electricity prices.

Question No. 095/2023 Hon. Abdul Haro, MP (Mandera South Constituency) Stalled electricity connectivity to homes and public institutions. Question No. 096/2023 Hon. (Capt.) Ruweida Obo,

MP

(Lamu East Constituency) Plans to compensate fishermen in Faza Ward. Question No. 097/2023 Hon. Jessica Mbalu, CBS, MP (Kibwezi East Constituency) Plans to replace dysfunctional and obsolete Solar PV Systems in public institutions. Question No. 098/2023 Hon. Joseph Lekuton MP (Laisamis Constituency) Connectivity of power supply to Loiyangalani, Kargi Mt. Kulal, and South Horr towns. Question No. 135/2023 Hon. Robert Mbui, CBS MP (Kathiani Constituency) Causes and planned long-term solutions to address persistent power outages.