Tuesday, April 25, 2023 At 2.30 P.m.

Thirteenth Parliament

Second Session

(No. 33)

(253)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

TUESDAY, APRIL 25, 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 –

INQUIRY REGARDING SEXUAL HARASSMENT OF

FEMALE

WORKERS

IN

TEA

ESTATES

IN

KERICHO COUNTY

(The Chairperson, Departmental Committee on Labour) THAT, this House adopts the Report of the Departmental Committee on Labour on the Inquiry regarding Sexual Harassment of Female Workers in Tea Estates in Kericho County, laid on the Table of the House on Thursday, 23rd March 2023.

(Question on the proposed amendment under Notice I to be put)

(Mover to reply)

1. 9*. MOTION –

APPOINTMENT

OF

A

FIRM

TO

PROVIDE

EXTERNAL AUDIT SERVICES TO THE OFFICE OF

THE AUDITOR-GENERAL

(The Chairperson, Public Accounts Committee) THAT, this House adopts the Report of the Public Accounts Committee on the appointment of a firm to provide External Audit Services to ….……/9*(Cont’d)

(No. 33)

TUESDAY, APRIL 25, 2023

(254) the Office of the Auditor General (OAG) with respect to the Accounts of the Office of the Auditor General and the Financial Statements for Mortgage and Car Loan Scheme of the Office of the Auditor General, laid on the Table of the House on Thursday, April 20, 2023, and pursuant to the provisions of Article 226(4) of the Constitution and section 43 of the Public Audit Act, 2015, appoints M/s PKF Kenya LLP for purposes of providing external audit services to the office of the Auditor General (OAG) with respect to – (i) the Accounts of the Office of the Auditor General for the period 2020/2021 and 2021/2022; and, (ii) the Financial Statements for the Staff Mortgage and Car Loan Scheme of the Office of the Auditor General for the Financial Years 2017/2018, 2018/2019, 2019/2020, 2020/2021, and 2021/2022.

1. 10*. 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 ….……10*(Cont’d)

(No. 33)

TUESDAY, APRIL 25, 2023

(255) 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. 11*. 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. 33)

TUESDAY, APRIL 25, 2023

(256)

N O T I C E S

I.

PROPOSED AMENDMENTS TO THE MOTION ON

THE REPORT ON THE INQUIRY REGARDING

SEXUAL HARASSMENT OF FEMALE WORKERS IN

TEA ESTATES IN KERICHO COUNTY

Notice is given that the Member for Kericho County (Hon. Beatrice Kemei, MP) intends to move the following amendments to the Report of the Departmental Committee on Labour on the inquiry regarding sexual harassment of female workers in tea estates in Kericho County—

THAT, the Motion be amended by- a) insertion of the following words immediately after the figure “2023”: “Subject to insertion of the following recommendations in paragraph 74 after sub-paragraph (ix) on page 23 of the Report:

“(x) Where the tea estates are found culpable of acts of commission or omission regarding the sexual harassment of their employees, the Government should ensure that the tea estates adequately compensate the victims for the damages occasioned by the heinous acts”; and “(xi) The Government should provide psychosocial support to the victims to mitigate the effects of these traumatic experiences and aid them in their recovery”. b) THAT, the consequential amendments be effected in the Report thereof.

..…….../Notices*(Cont’d)

(No. 33)

TUESDAY, APRIL 25, 2023

(257)

LIMITATION OF DEBATE

The House resolved on Wednesday, February 15, 2023 as follows— 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 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 shall 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

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.

(No. 33)

TUESDAY, APRIL 25, 2023

(258) 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 I*

NOTICE PAPER I

Tentative business for

Wednesday (Morning), April 26, 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), April 26, 2023 –

A. MOTION –

REGULATION OF THE BETTING INDUSTRY

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

(Resumption of debate interrupted on Wednesday, April 19, 2023 – Morning Sitting)

(Balance of time – 1 hr 28 min)

C. THE

HEALTH

(AMENDMENT)

(No. 2)

BILL

(NATIONAL

ASSEMBLY BILL NO. 42 OF 2022)

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

Second Reading

D. MOTION –

DEVELOPMENT OF A POLICY AND FUNDING FOR

JUNIOR SECONDARY SCHOOLS

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

E. MOTION –

ESTABLISHMENT OF A NATIONAL CANCER

PREVENTION AND CONTROL FUND

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

F. MOTION –

DEVELOPMENT AND IMPLEMENTATION OF A

CHILDCARE PROGRAMME FOR CHILDREN WHOSE

PARENTS ARE IN LAWFUL CUSTODY

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

G. MOTION –

NATIONAL POLICY ON DEWORMING OF SCHOOL-

GOING CHILDREN

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

H. MOTION –

PUBLIC HEALTH CONCERNS AT LANG’ATA

CEMETERY

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

I. MOTION –

DEVELOPMENT AND IMPLEMENTATION OF A

PROGRAMME FOR REGULARIZATION OF LAND

OCCUPIED BY SQUATTERS

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

J. 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), April 26, 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), April 26, 2023–

A. MOTION –

APPOINTMENT OF A FIRM TO PROVIDE EXTERNAL

AUDIT SERVICES TO THE OFFICE OF THE

AUDITOR-GENERAL

(The Chairperson, Public Accounts Committee) (If not concluded on Tuesday, April 25, 2023)

B. 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, April 25, 2023)

C. 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, April 25, 2023)

….……../Notice of Questions*

NOTICE OF QUESTIONS

It is notified that, pursuant to the provisions of Standing Order 42A(6B), the Prime Cabinet Secretary will respond to question in plenary on Wednesday (Afternoon), April 26, 2023 as follows: Que. No. Member Subject

Question No. 116/2023 Hon. Yusuf Hassan, MP (Kamukunji Constituency) Efforts that the Government is instituting to lower the cost of basic commodities and fuel and also address depreciation of the Kenya shilling against other currencies

Question No. 118/2023 Hon. Yusuf Hassan, MP (Kamukunji Constituency) The supply and distribution of relief food to parts of the country severely affected by famine and drought