Tuesday, April 11, 2023 At 2.30 P.m.

Thirteenth Parliament

Second Session

(No. 25)

(201)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

TUESDAY, APRIL 11, 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 – APPROVAL OF NOMINEES TO TWO NATIONAL

GOVERNMENT CONSTITUENCY DEVELOPMENT

FUND COMMITTEES

(The Chairperson, Select Committee on National Government Constituencies Development Fund) THAT, this House adopts the Report of the National Government Constituency Development Fund on two (2) Constituency Committees, laid on the Table of the House on Tuesday, 21st March 2023, and pursuant to the provisions of section 43(4) of the National Government Constituency Development Fund Act, 2015 and paragraphs 5(2) and (10) of the National Government Constituencies Development Fund Regulations, 2016, approves the list of nominees for appointment to the following two (2) Constituency Committees of the National Government Constituency Development Fund—

..…….../8*(Cont’d)

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1. 1. SAMBURU EAST CONSTITUENCY (Replacement)

No. Name Category Statutory Provision for Assumption of Position

1. 1. Lalaigwanani

Mathew Lkaaso Male Adult Representative Appointment, pursuant to Sec.43(2)(b)

1. 2. KANDARA CONSTITUENCY

No. Name Category Statutory Provision for Assumption of Position 1. Timothy Nganga Ndungu Male Youth Representative Appointment, pursuant to Sec.43(2)(b) 2. Samuel Kagwa Gichuru Male Adult Representative Appointment, pursuant to Sec.43(2)(b) 3. Sarah Nyanjuki Kamandi Female Youth Representative Appointment, pursuant to Sec. 43(2)(c) 4. Roselynn Nduta Gitau Female Adult Representative Appointment, pursuant to Sec.43(2)(c) 5. Anthony Mwangi Kiguru Representative of Persons with Disability Appointment, pursuant to Sec. 43(2)(d) 6. Sammy Mburu Chege Nominee of the Constituency Office (Male) Appointment, pursuant to Sec.43(2)(e) 7. Esther Muthoni Kinuthia Nominee of the Constituency Office (Female) Appointment, pursuant to Sec.43(2)(e)

….……/9*

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1. 9*. MOTION – RATIFICATION OF THE AFRICAN UNION TREATY

FOR THE ESTABLISHMENT OF THE AFRICAN

MEDICINES AGENCY (AMA)

(The Chairperson, Departmental Committee on Health)

THAT, this House adopts the Report of the Departmental Committee on Health on its consideration of the Ratification of the African Union Treaty for the Establishment of the African Medicines Agency (AMA), laid on the Table of the House on Tuesday, 21st March 2023, and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the Ratification of the African Union Treaty for the Establishment of the African Medicines Agency.

1. 10*. MOTION – RATIFICATION OF THE AGREEMENT BETWEEN

KENYA AND THE UNITED KINGDOM ON DEFENCE

COOPERATION

(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 Agreement between the Government of the Republic of Kenya and the Government of the United Kingdom of Great Britain and Northern Ireland on Defence Cooperation, laid on the Table of the House on Tuesday, 21st March 2023, and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the Ratification of the Agreement between the Government of the Republic of Kenya and the Government of the United Kingdom of Great Britain and Northern Ireland on Defence Cooperation, subject to the following reservations: (i) Article 6 (5) of the Agreement should be amended by inserting a new paragraph immediately after paragraph (h) to include murder as one of the offences which are under the jurisdiction of the Host Nation; and (ii) Article 23 of the Agreement to include Corporate Social Responsibility.

….……/11*

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1. 11*. MOTION – REPORTS OF THE 144TH & 145TH ASSEMBLIES OF THE

INTER-PARLIAMENTARY UNION (IPU)

(Member of the Kenya Delegations to the 144th & 145th Assemblies of the IPU) THAT, this House notes the Reports of the Kenya Delegations to the 144th and 145th Assemblies of the Inter-Parliamentary Union and related Meetings, held in Nusa Dua, Indonesia from 20th to 24th March 2022 and in Kigali, Rwanda from 11th to 15th October 2022, laid on the Table of the House on Tuesday, 7th March 2023 and Thursday, 2nd March 2023, respectively.

(Resumption of debate interrupted on Thursday, March 23, 2023)

(Balance of time - 1 hour 45 minutes)

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 ….……/12*(Cont’d)

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(205) 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 Other Committee Reports I. 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

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

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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 12, 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 12, 2023 –

A. HOJA – KUPIGA MARUFUKU UZUNGUMZIAJI, UCHAPISHAJI NA

USAMBAZAJI WA TAARIFA ZINAZOKUZA MAHUSIANO YA

JINSIA MOJA

(Mhe. Mohamed Ali, MB.) (Hoja kutolewa iamuliwe)

B. MOTION –

REDUCTION OF COST OF ELECTRICITY IN THE

COUNTRY

(The Hon. Jane Kagiri, M.P.) (Resumption of debate interrupted on Wednesday, March 22, 2023 – Morning Sitting)

(Balance of time – 55 minutes)

C. MOTION –

DEVELOPMENT OF A POLICY AND FUNDING FOR

JUNIOR SECONDARY SCHOOLS

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

D. MOTION –

ESTABLISHMENT OF A NATIONAL CANCER

PREVENTION AND CONTROL FUND

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

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. MOTION –

REGULATION OF THE BETTING INDUSTRY

(The Hon. Duncan Mathenge, 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 12, 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 12, 2023–

A. THE POLITICAL PARTIES (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 35 OF 2022)

(The Chairperson, Procedure and House Rules Committee)

First Reading

B. THE

PARLIAMENTARY

POWERS

AND

PRIVILEGES

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 36 OF 2022)

(The Chairperson, Procedure and House Rules Committee)

First Reading

C. SPECIAL MOTION -

CONSIDERATION OF NOMINEE FOR

APPOINTMENT AS CHAIRPERSON OF

THE ETHICS AND ANTI-CORRUPTION

COMMISSION (EACC)

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

(Subject to tabling of Committee Report and Notice of Motion)

D. SPECIAL MOTION -

CONSIDERATION OF A NOMINEE FOR

APPOINTMENT

TO

THE

NATIONAL

GENDER AND EQUALITY COMMISSION

(NGEC)

(The Chairperson, Departmental Committee on Social Protection)

(Subject to tabling of Committee Report and Notice of Motion)

E. MOTION –

REPORTS OF THE 144TH & 145TH ASSEMBLIES OF THE

INTER-PARLIAMENTARY UNION (IPU)

(Member of the Kenya Delegations to the 144th & 145th Assemblies of the IPU)

(If not concluded on Tuesday, April 11, 2023)

F. 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 11, 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, April 11, 2023)

….……../Appendix*

A P P E N D I X

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO. 7 - QUESTIONS

It is notified that, pursuant to the provisions of Standing Order 42A(6B), the Cabinet Secretary for Interior and National Administration will respond to the following Questions in plenary on Wednesday (Afternoon), April 12, 2023 –

Que. No. Member Subject Question No. 74/2023 Hon. Martha Wangari, MP (Gilgil Constituency) Shortage of birth registration materials (also known as B1 forms) in health facilities across the country Question No. 105/2023 Hon. Abdul Haro, MP (Mandera South Constituency) Establishment of civil registration centres in every sub-county in the country Question No. 106/2023 Hon. Joseph Gitari, MP (Kirinyaga Central Constituency) Outstanding warrants of arrest from Kagumo Police Post against a certain individual Question No. 107/2023 Hon. Joseph Gitari, MP (Kirinyaga Central Constituency) Emergence of criminal gangs or groups affiliated to terror groups in the country