Tuesday, April 18, 2023 At 2.30 P.m.

Thirteenth Parliament

Second Session

(No. 29)

(229)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

TUESDAY, APRIL 18, 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*. SPECIAL MOTION -

CONSIDERATION OF NOMINEE FOR

APPOINTMENT AS CHAIRPERSON OF

THE

KENYA

FISH

MARKETING

AUTHORITY

(The Chairperson, Departmental Committee on Blue Economy, Water and Irrigation) THAT, taking into consideration the findings of the Departmental Committee on Blue Economy, Water and Irrigation in its Report on the vetting of a nominee for the appointment as the Chairperson of the Kenya Fish Marketing Authority, laid on the Table of the House on Wednesday, 12th April 2023 and pursuant to the provisions of section 201(1)(a) and (2) of the Fisheries Management and Development Act, 2016 and section 8(1) of the Public Appointments (Parliamentary Approval) Act, 2011, this House approves the appointment of Hon. Martin Otieno Ogindo as the Chairperson of the Kenya Fish Marketing Authority. (Resumption of debate interrupted on Thursday, April 13, 2023)

(Balance of time – 32 minutes) ….……/9*

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TUESDAY, APRIL 18, 2023

(230)

1. 9*. 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.

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 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)

….……/11*

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TUESDAY, APRIL 18, 2023

(231)

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*

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TUESDAY, APRIL 18, 2023

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

III.

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

(No. 29)

TUESDAY, APRIL 18, 2023

(233) priority in speaking be accorded to the Leader of the Majority Party and the Leader of the Minority Party in that order.

IV.

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.

..…....../Notice Paper I*

NOTICE PAPER I

Tentative business for

Wednesday (Morning), April 19, 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 19, 2023 –

A. MOTION –

REDUCTION OF COST OF ELECTRICITY IN THE

COUNTRY

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

(Question to be put)

B. MOTION –

REGULATION OF THE BETTING INDUSTRY

(The Hon. Duncan Mathenge, M.P.) (Resumption of debate interrupted on Wednesday, April 12, 2023 – Morning Sitting)

(Balance of time – 55 minutes)

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

BILL NO. 42 OF 2022)

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

Second Reading

D. THE

NATIONAL

TRANSPORT

AND

SAFETY

AUTHORITY

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

(The Hon. Simon King’ara, M.P.)

Second Reading

E. MOTION –

DEVELOPMENT OF A POLICY AND FUNDING FOR

JUNIOR SECONDARY SCHOOLS

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

F. MOTION –

ESTABLISHMENT OF A NATIONAL CANCER

PREVENTION AND CONTROL FUND

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

G. MOTION –

DEVELOPMENT AND IMPLEMENTATION OF A

CHILDCARE PROGRAMME FOR CHILDREN WHOSE

PARENTS ARE IN LAWFUL CUSTODY

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

H. MOTION –

NATIONAL POLICY ON DEWORMING OF SCHOOL-

GOING CHILDREN

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

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 –

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 19, 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 19, 2023–

A. MOTION –

INQUIRY REGARDING SEXUAL HARASSMENT OF

FEMALE WORKERS IN TEA ESTATES IN KERICHO

COUNTY

(The Chairperson, Departmental Committee on Labour) (If not concluded on Tuesday, April 18, 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 18, 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 18, 2023)

.….……../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 14/2023 Delayed adjudication and settlement of residents of Mnarani sublocation, Kilifi County To be presented by the Hon. Owen Baya, MP (Kilifi North Constituency) on behalf of the residents of Kilifi North Constituency Public Petitions

.….……../Appendix*(Cont’d)

ORDER NO.7 - STATEMENTS

It is notified that, pursuant to the provisions of Standing Order 44(2)(c), the following Statement will be responded to–

No. Subject Member Relevant Committee

1. 1. Issuance of Diplomatic

Passports to Kenyan Athletes Hon. Cynthia Muge, M.P. (Nandi County)

Chairperson, D.C. on Sports and Culture

….……../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), April 19, 2023 as follows–

A. Cabinet Secretary for Environment, Climate Change and Forestry will respond to the following Questions:

Que. No. Member Subject

Question No. 069/2023 Hon. Caroline Ng’elechei, MP (Elgeyo Marakwet County) Massive decrease in forest cover despite ban of maize cultivation in Plantation Establishment and Livelihood Improvement Scheme (PELIS) Question No. 104/2023 Hon. Abdul Haro, MP (Mandera South Constituency) Impact of heat waves in the country

B. Cabinet Secretary for Roads and Transport will respond to the following Questions:

Que. No. Member Subject

Question No. 018/2023 Hon. Joyce Kamene, MP (Machakos County) Erection of a footbridge at the Hilton Garden Inn crossing Question No. 072/2023 Hon. Paul Abuor, MP (Rongo Constituency) Delayed completion of the Riosiri-Rongo University-Cham Gi Wadu Road Question No. 077/2023 Hon. Gideon Mulyungi, MP (Mwingi Central Constituency) Completion of construction of Kalisasi-Mumbuni Road, Phase I and Phase II Question No. 078/2023 Hon. Gideon Mulyungi, MP (Mwingi Central Constituency) Stalled construction of Nguni-Nuu Road and Enziu Bridge in Kitui County

Question No. 079/2023 Hon. Charles Ngusya, MP (Mwingi West Constituency)

Upgrade to bitumen standard of of Kibwezi-Kitui- Kabati-Migwani-Mbondoni Road Question No. 080/2023 Hon. Peter Masara, MP (Suna West Constituency) Stalled construction of Kokendi-Arombe Bridge in Suna West Constituency Question No. 081/2023 Hon. Gideon Mulyungi, MP (Mwingi Central Constituency) Ease of traffic congestion in the city since the Nairobi Expressway became operational

Question No. 083/2023 Hon. Gideon Mulyungi, MP (Mwingi Central Constituency) Stalled construction of the Mwingi – Slaughter House Road Question No. 115/2023 Hon. John Njuguna, MP (Kiambaa Constituency) Stalled road projects in the country, pending bills owed to contractors and the reasons thereof