Thursday, February 23, 2023 At 2.30 P.m.

Thirteenth Parliament

Second Session

(No. 08)

(026)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

THURSDAY, FEBRUARY 23, 2023 AT 2.30 P.M.

ORDER OF BUSINESS

PRAYERS

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages
4. 4. Petitions
5. 5. Papers
6. 6. Notices of Motion
7. 7. Questions and Statements
8. 8*. MOTION – REPORT ON THE CONSIDERATION OF THE CROPS

(COFFEE) (GENERAL) (AMENDMENT) 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 Crops (Coffee)(General)(Amendment) Regulations, 2022, laid on the Table of the House on Tuesday, February 21, 2023, and pursuant to the provisions of section 18 of the Statutory Instruments Act, 2013 and Standing Order 210(4)(b), annuls in entirety the Crops (Coffee)(General)(Amendment) Regulations, 2022 published as Legal Notice No. 102 of 2022.

(Question to be put)

1. 9*. MOTION – REPORT ON THE CONSIDERATION OF THE

CONSOLIDATED FUND SERVICES EXPENDITURES FOR

THE SUPPLEMENTARY ESTIMATES NO.1 OF 2022/2023

(The Chairperson, Public Debt & Privatization Committee)

THAT, this House adopts the Report of the Public Debt & Privatization Committee on its consideration of the Consolidated Fund Services Expenditures for the Supplementary Estimates No. 1 of 2022/2023, laid on the Table of the House on Tuesday, February 21, 2023. (Question to be put) ….……/10*

(No. 08)

THURSDAY, FEBRUARY 23, 2023

(027)

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 the His Excellency the President.

(Resumption of debate interrupted on Tuesday, February 21, 2023)

1. 11*. MOTION – REPORT OF THE 42ND SESSION 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.

*Denotes Orders of the Day*

….……/Notices*

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THURSDAY, FEBRUARY 23, 2023

(028)

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.

.…....../Notice Paper*

NOTICE PAPER

Tentative business for

Tuesday, February 28, 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, February 28, 2023 –

A. MOTION – APPOINTMENT OF MEMBERS TO THE SELECT

COMMITTEE ON MEMBERS’ SERVICES & FACILITIES

(The Chairperson, Committee on Selection)

B. MOTION – APPOINTMENT OF MEMBERS TO THE COMMITTEE

OF POWERS AND PRIVILEGES

(The Chairperson, Committee on Selection)

C. MOTION -

REPORT ON THE FIRST SUPPLEMENTARY

ESTIMATES FOR THE FY 2022/2023

(The Chairperson, Budget and Appropriations Committee)

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

D. MOTION – GENERAL DEBATE ON THE PROPOSAL TO AMEND

THE CONSTITUTION AND THE STANDING ORDERS

(The Leader of the Majority Party) (If not concluded on Thursday, February 23, 2023)

E. MOTION – REPORT OF THE 42ND SESSION 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) (If not concluded on Thursday, February 23, 2023)

.…....../Appendix*

APPENDIX

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO.7 - STATEMENTS

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

No. Subject Member Relevant Committee

1. 1. Power outages in Faza Ward

in Lamu East Constituency Hon. (Capt.) Ruweida Obo,

M.P.

D.C. on Energy

1. 2. Unfair conviction of Ms.

Emily Kerubo Nyakwera, a Kenyan National, in South Sudan Hon. Dorice Donya, M.P. D.C. on Defence, Intelligence and Foreign Affairs