Wednesday, March 15, 2023 At 2.30 P.m. Supplementary Order Paper

Thirteenth Parliament

Second Session

Afternoon Sitting

(No. 19)

(129)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

SUPPLEMENTARY

WEDNESDAY, MARCH 15, 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-

REPORT ON THE CONSIDERATION OF THE 2023

MEDIUM-TERM DEBT MANAGEMENT STRATEGY

(The Chairperson, Public Debt & Privatization Committee)

THAT, this House adopts the Report of the Public Debt and Privatization Committee on its consideration of the 2023 Medium Term Debt Management Strategy, laid on the Table of the House on Thursday, 9th March, 2023 and pursuant to the provisions of section 15(4) of the Public Finance Management Act, 2012 and Standing Order 232A(7) and (8) – (a) approves the 2023 Medium-Term Debt Management Strategy; and (b) makes the Policy and Financial Resolutions contained in the First Schedule to the Order Paper. (Question to be put) ….……/9*

(No. 19)

WEDNESDAY, MARCH 15, 2023

(130)

1. 9*. MOTION-

REPORT ON THE BUDGET POLICY STATEMENT

FOR FY 2023/24 AND THE MEDIUM-TERM

(The Chairperson, Budget and Appropriations Committee)

THAT, this House adopts the Report of the Budget and Appropriations Committee on the Budget Policy Statement (BPS) for the financial year 2023/2024 and a compendium of Departmental Committee reports on the 2023 BPS, laid on the Table of the House on Wednesday, 15th March, 2023 and pursuant to the provisions of section 25(7) of the Public Finance Management Act, 2012 and Standing Order 232(9) and (10) –

(a) approves the Budget Policy Statement (BPS) for the financial year 2023/2024;

(b) makes the following Financial Resolutions with respect to the BPS- (i) approves the National Government’s Budget ceiling for the year 2023/2024 at Ksh. 2,252,577,400,000- of which: 1) Executive

Ksh. 2,189,181,400,000 Of which: Office of the Auditor General: Ksh. 7,698,700,000 2) Parliament

Ksh. 40,402,000,000 3) Judiciary

Ksh. 22,994,000,000 (ii) resolves that, the allocation to the County Government Equitable Share be approved at Ksh. 385,424,616,047; (iii) approves the Equalization Fund at Ksh. 7,867,000,000; (iv) approves the Conditional Grants at Ksh. 44,316,798,386 as per the Fourth Schedule of the Report. Of which an allocation of Ksh. 4.5 billion to the Managed Equipment Services (MES) will be subject to the submission of the Evaluation Report as per the resolution of the House on non-financial matters as contained in the Report (Recommendation No.32); (v) orders that, the Second Schedule to the Order Paper forms the basis for the ceilings for the FY 2023/24 Budget Estimates; and (vi) resolves that, the financial resolutions forms the basis for the 2023/2024 budget estimates. (c) makes the Policy Resolutions contained in the Third Schedule to the Order Paper (Non-financial recommendations relating to the Budget Policy Statement for the financial year 2023/24).

….……/10*

(No. 19)

WEDNESDAY, MARCH 15, 2023

(131)

1. 10*. MOTION – CONSIDERATION OF NOMINEES FOR

APPOINTMENT AS MEMBERS OF THE NATIONAL

CLIMATE CHANGE COUNCIL

(The Chairperson, Departmental Committee on Environment, Forestry and Mining) THAT, taking into consideration the findings of the Joint Committee of the National Assembly Departmental Committee on Environment, Forestry and Mining and the Senate Standing Committee on Land, Environment and Natural Resources in its report on the Vetting of Nominees for Appointment as Members of the National Climate Change Council, laid on the Table of the House on Tuesday, 14th March, 2023, and pursuant to Article 132 (2)(f) of the Constitution, section 7(4) of the Climate Change Act, sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, 2011 and Standing Order 216 (5) (f) of the National Assembly and the Senate Standing Order 228 (4)(f)- (a) approves the appointment of the following persons as Members of the National Climate Change Council –

(i) Ms. Emily Mwende Waita; (ii) Mr. John Kioli Kalua; and (iii) Prof. George Odera Outa.

(b) rejects the appointment of Ms. Umra Omar as a Member of the National Climate Change Council.

1. 11*. MOTION – REPORT ON THE CONSIDERATION OF THE DRAFT

SALARIES AND REMUNERATION COMMISSION

(REMUNERATION AND BENEFITS OF STATE AND

OTHER PUBLIC OFFICERS) REGULATIONS, 2022

(The Chairperson, Committee on Delegated Legislation) THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Draft Salaries and Remuneration Commission (Remuneration and Benefits of State and other Public Officers) Regulations, 2022 laid on the Table of the House on Wednesday, 8th March, 2023, and pursuant to the provisions of section 26(2) of the Salaries and Remuneration Commission Act, 2011 rejects the Draft Salaries and Remuneration Commission (Remuneration and Benefits of State and other Public Officers) Regulations, 2022. (Resumption of debate interrupted on Tuesday, March 14, 2023) (Balance of time – 1 hour 56 minutes) ….……/12*

(No. 19)

WEDNESDAY, MARCH 15, 2023

(132)

1. 12*. MOTION –

REPORT OF SESSIONS OF THE ORGANIZATION OF

AFRICA, CARIBBEAN AND PACIFIC STATES AND

THE EUROPEAN UNION JOINT PARLIAMENTARY

ASSEMBLY

(Leader of the Kenya Delegation to the OACPS-EU JPA) THAT, this House notes the Report of the 61st Session of the Organization of Africa, Caribbean and Pacific (OACPS) Parliamentary Assembly and the 42nd Session of the ACP-EU Joint Parliamentary Assembly, laid on the Table of the House on Wednesday, November 30, 2022. (Resumption of debate interrupted on Thursday, March 9, 2023) (Balance of time - 53 minutes)

1. 13*. 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; ….……/13*(Cont’d)

(No. 19)

WEDNESDAY, MARCH 15, 2023

(133)

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. 14*. 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*

..…….../First Schedule*

(No. 19)

WEDNESDAY, MARCH 15, 2023

(134)

FIRST SCHEDULE

POLICY AND FINANCIAL RESOLUTIONS RELATING TO

THE 2023 MEDIUM TERM DEBT MANAGEMENT STRATEGY

A. POLICY RESOLUTIONS

1. THAT, any borrowing undertaken by the National Treasury in FY 2023/24 should not exceed the Kshs. 10 trillion approved debt ceiling set by Parliament. 2. THAT, to enhance liquidity management and help reduce unnecessary short- term domestic borrowing occasioned by governments inability to access surplus funds held in numerous Ministries, Departments and Agencies (MDAs) bank accounts, the National Treasury spearheads the integration of MDA banking arrangements into a single treasury account system as provided for in section 28(2) of the Public Finance Management (PFM) Act, 2012 and the PFM regulations. This should be submitted to Parliament within six months. 3. THAT, as indicated in the Committee’s report on the Consolidated Fund Services (CFS) expenditures for supplementary estimates No. 1 of FY 2022/23, the National Treasury should within six months, table regulations for the establishment of a sinking fund dedicated to public debt servicing as provided for under section 50(8) of the PFM Act, 2012. 4. THAT, in order to safeguard against shocks with regard to external interest payments, the National Treasury adopts hedging mechanisms on foreign exchange risks and/or negotiates lending agreements in Kenya shillings. 5. THAT, the National Treasury undertakes a review of all undisbursed loans amounting to Kshs. 1.179 trillion and submits to the National Assembly within one month, a report with information on terms, status, reasons for non- disbursement and proposals on any loans that can be cancelled to save spending on commitment fees. 6. THAT, in adherence to the Accra Agenda for Action 2018, donor support MUST be aligned to the country’s budget cycle to facilitate proper planning by the implementing agencies and reduce occurrence of undisbursed loans.

(No. 19)

WEDNESDAY, MARCH 15, 2023

(135) 7. THAT, within two months, the National Treasury submits to this House, a strategy for resolution of non-performing loans linked to various State Owned Enterprises (SoEs) including Kenya Airways. 8. THAT, the Office of the Auditor General expedites the audit of project loans under the water sector and the Kshs. 9.9 billion loan borrowed on behalf of KPLC and submits this report to the House within the next two months. 9. THAT, in the next budget cycle, the National Treasury aligns the borrowing strategy proposed in the Budget Policy Statement with the borrowing strategy in the Medium-Term Debt Strategy (MTDS) in order to ensure credibility of the Government’s planning documents.

1. 10. THAT, in the next budget cycle, the National Treasury undertakes public

participation on the MTDS in line with Article 201 of the Constitution.

1. 11. THAT, going forward, the MTDS should live up to its expectation as a

medium term document by showing consistency in proposed debt management strategies including deficit financing on a three year rolling framework, from one MTDS to another.

1. 12. THAT, the National Treasury undertakes a sensitivity analysis on the 2023

MTDS and submits to this House, within two weeks, a contingency plan on measures to be undertaken in the event of revenue shortfalls or underperformance of loans.

B. FINANCIAL RESOLUTIONS

1. 1. THAT, the fiscal deficit target for the medium term is approved and set at 4.4%

of Gross Domestic Project (GDP) for FY 2023/24; 3.9% of GDP for FY 2024/25 and 3.6% of GDP for FY 2025/26 in line with the fiscal consolidation path.

1. 2. THAT, the country’s borrowing strategy is approved at 50 percent net external

borrowing and 50 percent net domestic borrowing as contained in the 2023 Medium-Term Debt Management Strategy.

1. 3. THAT, any deviation from the approved borrowing strategy will require the

approval of the National Assembly.

..…….../Second Schedule*

(No. 19)

WEDNESDAY, MARCH 15, 2023

(136)

SECOND SCHEDULE

CEILINGS FOR THE FY 2023/24 BUDGET ESTIMATES

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

1011 Executive Office of the President 0702000 Cabinet Affairs 6,857,500,000 1,281,000,000 8,138,500,000 0703000 Government Advisory Services 0704000 State House Affairs 1012 Office of the Deputy President 0734000 Deputy President Services 4,391,300,000 250,400,000 4,641,700,000 1013 Office of the Prime Cabinet Secretary 0753000 General Administration Planning and Support Services 2,048,700,000 - 2,048,700,000 0754000 Public Service Performance Management & Delivery Services 0755000 Government Coordination and Supervision Services Parliamentary Liaison & Legislative Affairs 1023 State Department for Correctional Services 0623000 General Administration, Planning and Support Services 34,670,700,000 1,165,000,000 35,835,700,000 0627000 Prison Services 0628000 Probation & After Care Services 1024 State Department for Immigration Programme 1: General Administration and Support Services 7,939,700,000 2,710,100,000 10,649,800,000

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

and Citizen Services 0605000 Migration & Citizen Services Management 0626000 Population Management Services 1025 National Police Service 0601000 Policing Services 106,179,900,000 1,747,900,000 107,927,800,000 1026 State Department for Internal Security & National Administration 0603000 Government Printing Services 27,228,400,000 1,312,900,000 28,541,300,000 0629000 General Administration and Support Services 0630000 Policy Coordination Services 1032 State Department for Devolution 0712000 Devolution Services 1,375,100,000 293,000,000 1,668,100,000 0732000 General Administration, Planning and Support Services Management of Intergovernmental Relations 1041 Ministry of Defence 0801000 Defence 139,124,200,000 32,606,000,000 171,730,200,000 0802000 Civil Aid 0803000 General Administration, Planning and Support Services 0805000 National Space Management 1053 State Department for Foreign Affairs 0714000 General Administration Planning and Support Services 17,746,200,000 1,871,000,000 19,617,200,000 0715000 Foreign Relation and Diplomacy 0741000 Economic and Commercial Diplomacy

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

0742000 Foreign Policy Research, Capacity Development and Technical Cooperation 1054 State Department for Diaspora Affairs 0751000 General Administration, planning and support services 1,114,000,000 - 1,114,000,000 0752000 Management of Diaspora and Consular Affairs 1064 State Department for Technical, Vocational and Technical Training 0505000 Technical Vocational Education and Training 20,283,400,000 7,081,000,000 27,364,400,000 0507000 Youth Training and Development 0508000 General Administration, Planning and Support Services 1065 State Department for Higher Education & Research 0504000 University Education 111,509,500,000 5,388,000,000 116,897,500,000 0506000 Research, Science, Technology and Innovation 0508000 General Administration, Planning and Support Services 1066 State Department for Basic Education 0501000 Primary Education 115,219,000,000 19,704,000,000 134,923,000,000 0502000 Secondary Education 0503000 Quality Assurance and Standards 0508000 General Administration, Planning and Support Services

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

1071 The National Treasury 0717000 General Administration Planning and Support Services 73,570,600,000 50,505,900,000 124,076,500,000 0718000 Public Financial Management 0719000 Economic and Financial Policy Formulation and Management 0720000 Market Competition 0740000 Government Clearing services 1072 State Department for Planning 0706000 Economic Policy and National Planning 3,800,300,000 58,072,900,000 61,873,200,000 0707000 National Statistical Information Services 0708000 Monitoring and Evaluation Services 0709000 General Administration Planning and Support Services 1082 State Department for Medical Services 0401000 Preventive, Promotive & Reproductive Health 61,609,100,000 33,148,000,000 94,757,100,000 0402000 National Referral & Specialized Services 0403000 Health Research and Development 0404000 General Administration, Planning & Support Services 1083 State Department for Public Health 0401000 Preventive, Promotive & Reproductive Health 18,644,200,000 38,990,000,000 57,634,200,000

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

and Professional Standards 0403000 Health Research and Development 0404000 General Administration, Planning & Support Services 0405000 Health Policy, Standards and Regulations 1091 State Department of Infrastructure 0202000 Road Transport 74,492,000,000 161,319,000,000 235,811,000,000 1092 State Department of Transport 0201000 General Administration, Planning and Support Services 13,743,400,000 47,233,000,000 60,976,400,000 0203000 Rail Transport 0204000 Marine Transport 0205000 Air Transport Programme 5: Road Transport Safety and Regulation Programme 6:Transport Master planning and Coordination 1093 State Department for Shipping and Maritime 0220000 Shipping and Maritime Affairs 2,247,200,000 1,050,000,000 3,297,200,000 1094 State Department for Housing and Urban Development 0102000 Housing Development and Human Settlement 1,234,700,000 25,488,000,000 26,722,700,000 0105000 Urban and Metropolitan Development 0106000 General Administration Planning and Support Services

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

1095 State Department for Public Works 0103000 Government Buildings 3,514,400,000 1,144,000,000 4,658,400,000 0104000 Coastline Infrastructure and Pedestrian Access 0106000 General Administration Planning and Support Services 0218000 Regulation and Development of the Construction Industry

State Department for Irrigation Programme 1:General Administration, Planning and Support Services 1,376,000,000 23,001,000,000 24,377,000,000 1014000 Irrigation and Land Reclamation 1015000 Water Storage and Flood Control 1022000 Water Harvesting and Storage for Irrigation

State Department for Environment and Climate Change Programme 1:General Administration, Planning and Support Services 4,231,000,000 1,923,000,000 6,154,000,000 Programme 2: Environment Management and Protection Programme 3: Meteorological Services Programme 4: Water Towers Rehabilitation and Conservation

State Department for Water & Sanitation 1001000 General Administration, Planning and Support Services 5,245,000,000 62,874,000,000 68,119,000,000

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

P2. Water Resources Management P3. Water and Sewerage Infrastructure Development 1112 State Department for Lands and Physical Planning 0101000 Land Policy and Planning 3,237,000,000 3,675,000,000 6,912,000,000 1122 State Department for Information Communication and Technology & Innovation 0207000 General Administration Planning and Support Services 2,571,300,000 12,775,000,000 15,346,300,000

0210000 ICT

Infrastructure Development 0217000 E- Government Services 1123 State Department for Broadcasting & Telecommunica tions 0207000 General Administration Planning and Support Services 6,112,200,000 791,000,000 6,903,200,000 0208000 Information and Communication Services 0209000 Mass Media Skills Development 0221000 Film Development Services Programme 1132 State Department for Sports & Arts 0901000 Sports

3,011,400,000 16,207,100,000

19,218,500,000 0903000 The Arts 0904000 Library Services Programme 4: General Administration, Planning and Support Services 1134 State Department for Programme 1: Culture Development 2,750,400,000 127,200,000 2,877,600,000

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

Culture and Heritage 0905000 General Administration, Planning and Support Services 1152 State Department for Energy 0211000 General Administration Planning and Support Services 7,793,400,000 69,563,000,000 77,356,400,000 0212000 Power Generation 0213000 Power Transmission and Distribution 0214000 Alternative Energy Technologies 1162 State Department for Livestock 0112000 Livestock Resources Management and Development 8,870,700,000 9,190,000,000 18,060,700,000 1166 State Department for Fisheries, Aquaculture & the Blue Economy 0111000 Fisheries Development and Management 2,680,100,000 6,629,000,000 9,309,100,000 0117000 General Administration, Planning and Support Services 0118000 Development and Coordination of the Blue Economy 1169 State Department for Crop Development & Agricultural Research 0107000 General Administration Planning and Support Services 15,057,300,000 23,093,000,000 38,150,300,000 0108000 Crop Development and Management 0109000 Agribusiness and Information Management 0120000 Agricultural Research & Development

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

1173 State Department for Cooperatives 0304000 Cooperative Development and Management 1,617,400,000 309,000,000 1,926,400,000 1174 State Department for Trade Programme 2: Regional Economic Integration Initiatives 2,119,300,000 180,100,000 2,299,400,000 0309000 Domestic Trade and Enterprise Development 0311000 International Trade Development and Promotion 0312000 General Administration, Planning and Support Services 1175 State Department for Industry 0301000 General Administration Planning and Support Services 2,531,300,000 3,140,400,000 5,671,700,000 0302000 Industrial Development and Investments Programme 3: Standards and Quality Infrastructure and Research 1176 State Department for Micro, Small and Medium Enterprises Development 0316000 Promotion and Development of MSMEs 1,813,000,000 11,079,200,000 12,892,200,000 Programme2: Product and Market Development for MSMEs Programme 3: Digitization and Financial Inclusion For MSMEs 0319000 General Administration, Planning and Support Services 1177 State Department for 0301000 General Administration 1,280,700,000 5,682,000,000 6,962,700,000

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

Investments Promotion Planning and Support Services 0302000 Promotion of Industrial Development and Investment Programme 3: Branding and Export Development 1184 State Department for Labour 0910000 General Administration Planning and Support Services 2,754,800,000 689,000,000 3,443,800,000 0906000 Promotion of the Best Labour Practice 0907000 Manpower Development, Employment and Productivity Management Workplace Readiness Services Post Training Information Services 1185 State Department for Social Protection, Pensions & Senior Citizens Affairs 0908000 Social Development and Children Services 32,509,100,000 3,567,400,000 36,076,500,000 0909000 National Social Safety Net 0914000 General Administration, Planning and Support Services

State Department for Mining 1007000 General Administration Planning and Support Services 1,445,200,000 542,000,000 1,987,200,000 1009000 Mineral Resources Management 1021000 Geological Survey and

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

Geoinformation Management

State Department for Petroleum 0215000 Exploration and Distribution of Oil and Gas 343,000,000 3,303,000,000 3,646,000,000 1202 State Department for Tourism 0313000 Tourism Promotion and Marketing 8,075,900,000 147,200,000 8,223,100,000 0314000 Tourism Product Development and Diversification 0315000 General Administration, Planning and Support Services 1203 State Department for Wildlife 1019000 Wildlife Conservation and Management 9,603,000,000 1,592,000,000 11,195,000,000 1212 State Department for Gender 0911000 Community Development 1,369,400,000 3,427,800,000 4,797,200,000 0912000 Gender Empowerment 0913000 General Administration, Planning and Support Services 1213 State Department for Public Service 0710000 Public Service Transformation 22,926,400,000 1,078,100,000 24,004,500,000 0709000 General Administration Planning and Support Services Public Service Human Resource Management and Development 0747000 National Youth Service 1214 State Department for Youth Affairs Youth Empowerment Services 1,256,200,000 698,800,000 1,955,000,000 Youth Development Services

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

General Administration, Planning and Support Services 1221 State Department for East African Community 0305000 East African Affairs and Regional Integration 807,700,000 8,000,000 815,700,000

State Department for ASALs, Regional & Northern Corridor Development 1013000 Integrated Regional Development 4,072,700,000 8,718,800,000 12,791,500,000 Programme 1: Accelerated ASALs Development Programme 2: General Administration and Support Services 1252 State Law Office and Department of Justice 0606000 Legal Services 6,017,000,000 210,500,000 6,227,500,000 0607000 Governance, Legal Training and Constitutional Affairs 0609000 General Administration, Planning and Support Services 1271 Ethics and Anti- Corruption Commission 0611000 Ethics and Anti-Corruption 3,723,600,000 128,100,000 3,851,700,000 1281 National Intelligence Service 0804000 National Security Intelligence 43,801,000,000 - 43,801,000,000 1291 Office of the Director of Public Prosecutions 0612000 Public Prosecution Services 3,585,000,000 155,000,000 3,740,000,000 1311 Office of the Registrar of Political Parties 0614000 Registration, Regulation and Funding of Political Parties 1,972,500,000 - 1,972,500,000 1321 Witness Protection Agency 0615000 Witness Protection 725,900,000 - 725,900,000

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

1332 State Department for Forestry 1018000 Forests and Water Towers Conservation 7,524,000,000 4,255,000,000 11,779,000,000 2011 Kenya National Commission on Human Rights 0616000 Protection and Promotion of Human Rights 542,000,000 - 542,000,000 2021 National Land Commission 0116000 Land Administration and Management 1,498,600,000 106,000,000 1,604,600,000 2031 Independent Electoral and Boundaries Commission 0617000 Management of Electoral Processes 4,348,300,000 77,000,000 4,425,300,000 0618000 Delimitation of Electoral Boundaries 2061 The Commission on Revenue Allocation 0737000 Inter- Governmental Transfers and Financial Matters 416,500,000 - 416,500,000 2071 Public Service Commission 0725000 General Administration, Planning and Support Services 2,673,500,000 45,300,000 2,718,800,000 0726000 Human Resource Management and Development 0727000 Governance and National Values 0744000 Performance and Productivity Management Administration of Quasi-Judicial Functions 2081 Salaries and Remuneration Commission 0728000 Salaries and Remuneration Management 562,200,000 - 562,200,000 2091 Teachers Service Commission 0509000 Teacher Resource Management 321,535,600,000 1,139,000,000 322,674,600,000 0510000 Governance and Standards 0511000 General Administration,

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

Planning and Support Services 2101 National Police Service Commission 0620000 National Police Service Human Resource Management 1,193,500,000 - 1,193,500,000 2111 Auditor General 0729000 Audit Services 7,209,000,000 489,700,000 7,698,700,000 2121 Office of the Controller of Budget 0730000 Control and Management of Public finances 666,900,000 - 666,900,000 2131 Commission on Administrative Justice 0731000 Promotion of Administrative Justice 682,500,000 - 682,500,000 2141 National Gender and Equality Commission 0621000 Promotion of Gender Equality and Freedom from Discrimination 468,900,000 - 468,900,000 2151 Independent Policing Oversight Authority 0622000 Policing Oversight Services 1,052,700,000 - 1,052,700,000

Sub-Total: Budget Ceiling for the Executive

1,416,203,600,000 772,977,800,000 2,189,181,400,000 1261 The Judiciary 0610000 Dispensation of Justice 19,897,400,000 2,200,000,000 22,097,400,000 2051 Judicial Service Commission 0619000 General Administration, Planning and Support Services 896,600,000 - 896,600,000

Sub-Total: Budget Ceiling for the Judiciary

20,794,000,000 2,200,000,000 22,994,000,000 2041 Parliamentary Service Commission

461,000,000 - 461,000,000 - Senate 0722000 Senate Affairs 6,859,000,000 - 6,859,000,000 2042 National Assembly 0721000 National Legislation, 24,452,000,000 - 24,452,000,000

VOTE

CODE

VOTE

PROGRAMME

CODES & TITLE

FINAL BUDGET CEILINGS FOR FY 2023/24

GROSS

CURRENT

ESTIMATES

GROSS

CAPITAL

ESTIMATES

GROSS

TOTAL

ESTIMATES

Representation and Oversight 2043 Parliamentary Joint Services 0723000 General Administration, Planning and Support Services 6,565,000,000 2,065,000,000 8,630,000,000 0746000 Legislative Training Research & Knowledge Management

Sub-Total: Budget Ceiling for Parliament

38,337,000,000 2,065,000,000 40,402,000,000

Total Budget Ceiling for FY 2023/24

1,475,334,600,000 777,242,800,000 2,252,577,400,000

..…….../Third Schedule*

(No. 19)

WEDNESDAY, MARCH 15, 2023

(151)

THIRD SCHEDULE

POLICY RESOLUTIONS RELATING TO THE BUDGET

POLICY STATEMENT FOR THE FY 2023/24 AND THE

MEDIUM TERM

General Resolutions 1) THAT, by 30th September 2023, the National Assembly proposes amendments to the Public Finance Management Act, 2012 and attendant regulations to extend the timelines for consideration of the BPS by Parliament from 14 days to 28 days. 2) THAT, before submission of the annual estimates to the National Assembly, the National Treasury should ensure that Ministries, Departments and Agencies (MDAs) have aligned their budgets, projects and key performance indicators to the proposed value chain approach under the Bottom-Up Economic Transformation Agenda (BETA) within the approved ceilings. 3) THAT, the deficit financing strategy and public debt mix be undertaken in accordance with the resolutions of the National Assembly based on the Report of the Public Debt and Privatization Committee on the 2023 Medium Term Debt Management Strategy. 4) THAT, during the submission of the 2023/24 annual estimates, the National Treasury should provide a list of all projects to be completed in FY 2023/24 for all MDAs reconcilable with the development budget; with a view to consolidating thinly spread allocations to high impact priority projects to ensure completion. 5) THAT, before submission of the 2023/24 annual estimates, the National Treasury reviews donor funded projects including the existing financing framework and develops a strategy to fast-track their implementation and review the terms of the facilities. THAT, within the next three months, the National Treasury spearheads a review of the State Corporations and Semi-Autonomous Government Agencies (SAGAs) with a view of rationalization to remove overlaps, duplication and redundancies.

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(152) 6) THAT, before the submission of the 2023/24 Annual Estimates, the National Treasury in collaboration with National Government Constituencies Development Fund (NG-CDF), comes up with a framework for implementation of National Government initiatives at the constituency level such as construction of administrative offices, police stations and national tree planting through grants to the NG-CDF. 7) THAT, by April 2023, the national government reviews taxation levied in the aviation industry and addresses the heavy taxation on purchase of spare parts in the aviation sector. This should be submitted to the National Assembly during consideration of the Finance Bill, 2023. 8) THAT, beginning FY 2023/24, the National Treasury through the Public Sector Accounting Standards Board should start preparations for migration from the cash basis accounting system to an accrual system in line with sections 81 and 164 of the Public Finance Management Act, 2012. 9) THAT, the allocation to various MDAs through the Sports, Arts and Social Development Fund be channelled towards government value chain priorities in line with the Bottom Up Economic Transformation Agenda. A list of these projects should be submitted alongside the estimates by 30th April 2023. 10) THAT, the National Assembly proposes amendment to the Public-Private Partnership Act to require regular submission of project lists by the National Treasury which are under consideration for funding through the Public Private Partnership (PPP) framework before the end of the FY 2023/24. Devolution 11) THAT, the National Treasury in consultation with all relevant stakeholders develops a framework of collaboration between the county and the national government with regard to implementation of policy proposals that are devolved and shared functions and report to the National Assembly by 30th September 2023. 12) THAT, the National Treasury and the State Department for ASALs and Regional Development undertakes a review of the mandate of the Regional Development Authorities, their contribution to the national development agenda and options for their revitalization. This should be reported to the National Assembly by 30th December 2023.

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13) THAT, by June 2023, the National Treasury develops a framework for governing conditional grants to the county governments to ensure that they meet their intended objectives. This should include the role, criteria and counterpart contribution by the counties to ensure the initiatives take off. Education 14) THAT, before the submission of the 2023/24 Annual Estimates, the National Treasury in coordination with the Ministry of Education should develop a framework for administration of the school infrastructure improvement funds as a conditional grant to NG-CDF to support school infrastructure development in all constituencies. 15) THAT, the State Department for Shipping and Maritime Affairs develops a policy framework with the Ministry of Education to ensure Bandari Maritime Academy students access capitation like their counterparts in other TVET institutions. 16) THAT, the State Department for Basic Education initiates and spearheads process of reviewing the capitation policy at the basic level of education to ensure adequate funding to schools. A report should be submitted to the National Assembly within six months. 17) THAT, in the next cycle of placements (2023), the State Department for Higher Education and research, through the Kenya Universities and Colleges Central Placement Service (KUCCPS), should not place new government sponsored students in private universities. Energy, Infrastructure and ICT 18) THAT, the fees/charges on digital services offered through the e-Citizen platform be reviewed with a view of optimizing revenue collection and service delivery. 19) THAT, before finalization of the FY 2023/24 Estimates, the State Department for Roads engages contractors and other stakeholders to negotiate on rationalization of commitments made in the roads sector and propose a framework for contracting new road projects to curtail escalation of pending bills.

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(154) 20) THAT, the Geothermal Development Corporation (GDC) should prioritize connecting the steam generated from wells with capacity totaling 206MW to the national grid starting with the 35MW expected from the Menengai geothermal project by 30th April 2023 in order to afford the country access to cheaper renewable sources of energy. 21) THAT, before submission of the annual estimates for FY 2023/24, the development of community small hydro power projects be transferred from the Ministry of Energy headquarters to the Rural Electrification and Renewable Energy Corporation (REREC) to enable fast-tracking of these projects. 22) THAT, the ICT Authority in collaboration with the State Department for ICT and Digital Economy as well as key stakeholders in the Education and Energy sectors, establishes an implementation strategy for the digital learning programme and submits it to this House for review by 1st May 2023. 23) THAT, the State Department for Broadcasting and Telecommunication develops a strategy for the coordination of the various youth empowerment programmes. These agencies should include Ajira Digital Programme, Presidential Digital Talent Development, Jitume and others. The strategy should be submitted to this House for review before 15th April 2023. Social Protection 24) THAT, to reduce expenditure on bank charges with regard to bulk transfers by Government Agencies including transfers under the Cash Transfer Programme, the bank charges be renegotiated by the relevant agencies with the assistance of the National Treasury. This should also consider adoption of alternative technologies for cash disbursement including mobile money transfer. This should be implemented within the next three months, pending the establishment of the Treasury Single Account. 25) THAT, the State Department for Social Protection and Senior Citizens reviews the Inua Jamii cash transfer programme incorporating lessons learnt so far and report to the National Assembly by 30th September 2023. The review should include an assessment of the adequacy of the stipend, the current outreach, mechanisms for continuous registration, exclusion of those who have exited through natural attrition and modalities of the cash transfer to beneficiaries.

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(155) 26) THAT, within six months, the State Department for Wildlife establishes a wildlife compensation insurance scheme to cater for wildlife related damages. 27) THAT, within the next one month, the Attorney General’s Office introduces a Bill to give effect to the merger of the National Fund for the Disabled of Kenya (NFDK) with the National Council for Persons with Disabilities (NCPWD). This will unlock both physical and monetary resources to the NCPWD as well as ensure parliamentary oversight for accountability to the NFDK. Reorganization of Votes 28) THAT, the Parliamentary Service prepares a sector report in line with the Medium Term Expenditure Framework (MTEF) process in a participatory manner across the four votes, conduct public participation, and submit the same to the Budget and Appropriations Committee by end of January in every financial year. 29) THAT, to enhance service delivery and streamline operations of the two principal secretaries assigned to the Office of the Prime Cabinet Secretary in line with the Executive Order no. 1 of 2023, the Office be split into the following two votes: performance management and delivery services; and legislative affairs in order to enhance service delivery. This should be undertaken before submission of the estimates for FY 2023-24. 30) THAT, to streamline service delivery within the Parliamentary Service, a new vote - Senate Affairs - be established by carving it out from the existing Parliamentary Service Commission vote. This should be done before submission of annual estimates for FY 2023-24. 31) THAT, before submission of the estimates, the National Treasury facilitates the Office of the Auditor General to have a single line budget to enhance their efficiency in responding to emerging audit needs. Trade and Industry 32) THAT, the State Department for Trade fast-tracks conclusion of the ongoing agreement between Kenya and the USA on Strategic Trade and Investment Partnership and reports the progress to the National Assembly by the end of FY 2023/24.

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(156) 33) THAT, the Ministry of Agriculture and Livestock in collaboration with the Ministry of Industry, Trade and Investments develops mechanisms of liberalizing the market for cotton seeds to ensure availability and affordability and report to the National Assembly by 1st September 2023. Sports 34) THAT, by the end of the FY 2023-24 the State Department for Sports establishes a World Anti-Doping Agency (WADA) accredited laboratory in the country to reduce the cost of testing and analysing of anti-doping tests. Health 35) THAT, the State Department for Medical Services presents a report to the National Assembly on the assessment and evaluation of the Managed Equipment Services (MES) project and the negotiated contracts with county governments before publication of the County Conditional Additional Allocations Bill for FY 2023-24. Security 36) THAT, the National Security Council reviews the policy of centralizing air services for security agencies under the Kenya Defence Forces and works towards returning the police air wing back to the National Police Service with corresponding funding in order to make it more effective. This should be undertaken before 30th June 2023.

..…….../Notices*

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WEDNESDAY, MARCH 15, 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 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 of Debate on Motions

II.

THAT, each speech in a debate on any Motion, including a Special motion 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 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 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

..…….../Notices*(Cont’d)

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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.

Limitation of Debate on Bills sponsored by Parties or Committees

IV.

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

NOTICE PAPER

Tentative business for

Thursday, March 16, 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 Thursday, March 16, 2023–

A. MOTION –

APPROVAL OF NOMINEES TO THREE NATIONAL

GOVERNMENT CONSTITUENCY DEVELOPMENT

FUND COMMITTEES

(The Chairperson, Select Committee on National Government Constituencies Development Fund)

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

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 Wednesday, March 15, 2023 – Afternoon Sitting)

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 Wednesday, March 15, 2023 – Afternoon Sitting)

….……../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 (5), the following Members will ask questions for reply before the specified Committees-

QUE. NO.

ORDINARY QUESTIONS

023/2023 The Member for Mwea (Hon. Mary Maingi, MP) to ask the Cabinet Secretary for Agriculture and Livestock Development: - (i) Could the Cabinet Secretary provide details on the status of implementation and specify the timelines within which the Ministry intends to revive Mwea Cotton Ginnery following legalization of commercial cultivation of genetically modified pest resistant BT Cotton variety in 2019 after trials at Kenya Agricultural and Livestock Research Organisation (KALRO) Centre in Mwea? (ii) What steps has the Ministry taken to ensure that when the Ginnery begins active production, locals of Mwea Constituency will directly benefit in terms of employment opportunities and Corporate Social Responsibility (CSR) initiatives? (To be replied before the Departmental Committee on Agriculture and Livestock) 040/2023 The Member for Kibwezi East (Hon. Jessica Mbalu, MP) to ask the Cabinet Secretary for Energy and Petroleum: - Could the Cabinet Secretary - (i) Provide details of the number of public utilities, including primary and secondary schools in Kibwezi East Constituency that are not connected to electricity and the steps being undertaken to connect them to the national grid?

(ii) Outline the measures that the Ministry has put in place to either service or replace faulty and obsolete Solar PV Systems that were installed to supply uninterrupted power to various public institutions in Kibwezi East Constituency, particularly primary schools where power is critical for implementing digital learning programme? (iii) Provide a status report on electrification projects for other areas in Kibwezi East Constituency that are not connected to electricity and plans being undertaken to ensure that the areas get connected to the national grid? (To be replied before the Departmental Committee on Energy) 044/2023 The Member for Teso North (Hon. Oku Kaunya, MP) to ask the Cabinet Secretary for Education: – Could the Cabinet Secretary – (i) consider incorporating the Competency Based Curriculum (CBC) into the 8-4-4 curriculum as a way of addressing the challenges that have affected smooth transitioning from 8-4- 4 to the CBC system? (ii) confirm whether the Ministry will meet the full costs of implementing the CBC, particularly purchase of resources necessary for carrying out CBC lessons? (iii) state the measures that the Ministry is taking to ensure that all the 1.2 million Grade 7 learners transition to Junior Secondary School? (iv) explain the fate of infrastructure that was earlier established in Secondary Schools using public funds in readiness for Juinior Secondary Schools, which are now domiciled in primary schools? (To be replied before the Departmental Committee on Education) 045/2023 The Member for Yatta (Hon. Robert Basil, MP) to ask the Cabinet Secretary for Education: – (i) Could the Cabinet Secretary explain to the criteria applicable to deployment of Principals in Junior Secondary Schools? (ii) When will the teachers who have served as Principals or Deputy Principals in acting capacities beyond the statutory six months be substantively appointed in those positions? (To be replied before the Departmental Committee on Education)

046/2023 The Member for Bahati (Hon. Irene Njoki, MP) to ask the Cabinet Secretary for Interior and National Administration: - (i) Could the Cabinet Secretary explain the steps that the Government has taken to fight against the proliferation of illicit brews in Bahati Constituency, including steps being taken to eradicate their production and sale? (ii) Could the Cabinet Secretary explain mechanisms put in place to enforce proper disposal of illicit brews nabbed by Police during swoops to ensure that the product does not find its way into circulation? (To be replied before the Departmental Committee on Administration and Internal Security)