Thursday, April 27, 2023 At 2.30 P.m.

Thirteenth Parliament

Second Session

(No. 36)

(270)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

THURSDAY, APRIL 27, 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 – RATIFICATION OF THREE HAGUE CONVENTIONS

RELATING TO MATTERS OF CHILDREN

(The Chairperson, Departmental Committee on Social Protection)

THAT, this House adopts the Report of the Departmental Committee on Social Protection on its consideration of the Ratification of the Hague Convention on Civil Aspects of International Child Abduction, the Hague Convention on Jurisdiction, Applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children, and the Hague Convention on International Recovery of Child Support and Other Forms of Family Maintenance, laid on the Table of the House on Tuesday, 25th April 2023, and pursuant to the provisions of section 8 (4) of the Treaty Making and Ratification Act, 2012, approves the Ratification of the following Hague Conventions: (i) Civil Aspects of International Child Abduction; (ii) Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures for the Protection of Children; and (iii) International Recovery of Child Support and Other Forms of Family Maintenance.

(Resumption of debate interrupted on Wednesday, April 26, 2023 – Afternoon Sitting) (Balance of time – 53 minutes) ….……/9*

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1. 9*. SPECIAL MOTION -

CONSIDERATION OF NOMINEE FOR

APPOINTMENT AS A MEMBER OF THE

NATIONAL

POLICE

SERVICE

COMMISSION

(The Chairperson, Departmental Committee on Administration and Internal Security) THAT, taking into consideration the findings of the Departmental Committee on Administration and Internal Security in its Report on the vetting of a nominee for the appointment as a member of the National Police Service Commission, laid on the Table of the House on Wednesday, 26th April 2023, and pursuant to the provisions of Article 250(2)(b) of the Constitution, section 6(6) of the National Police Service Commission Act, 2011 and section 8(1) of the Public Appointments (Parliamentary Approval) Act, 2011, this House approves the appointment of Mr. Edwin Kiprono Cheluget as a Member of the National Police Service Commission.

1. 10*. 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.

(Resumption of debate interrupted on Wednesday, March 22, 2023 – Afternoon Sitting)

1. 11*. 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 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. ….……/12*

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1. 12*. 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 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. 13*. 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*

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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 Reports of Audit Committees III. THAT, each speech in debate on Reports of Audit Committeefaos 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.

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THURSDAY, APRIL 27, 2023

(274)

Limitation on General Debate on the Proposal to Parliament to consider amending the Constitution and the Standing Orders IV. 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 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 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 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.

..…....../Notice Paper*

NOTICE PAPER

Tentative business for

Tuesday, May 2, 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 Tuesday, May 2, 2023–

A. SPECIAL MOTION -

CONSIDERATION OF NOMINEE FOR

APPOINTMENT AS A MEMBER OF THE

NATIONAL

POLICE

SERVICE

COMMISSION

(The Chairperson, Departmental Committee on Administration and Internal Security)

(If not concluded on Thursday, April 27, 2023)

B. MOTION – REPORT OF THE PROCEEDINGS OF THE FIRST

ORDINARY SESSION OF THE SIXTH PAN-AFRICAN

PARLIAMENT

(Member of the Pan-African Parliament)

(If not concluded on Thursday, April 27, 2023)

C. 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 Thursday, April 27, 2023)

D. 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 Thursday, April 27, 2023)

E. 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 Thursday, April 27, 2023)

F. 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

(Leader of the Delegation)