Tuesday, November 01, 2022 At 2.30 P.m.

Thirteenth Parliament

First Session

(No. 15)

(086)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FIRST SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

TUESDAY, NOVEMBER 01, 2022 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 -

RECOGNITION AND REMUNERATION OF VILLAGE

ELDERS

(The Hon. Mwengi Mutuse, M.P.) (Departmental Committee on Administration and Internal Affairs)

THAT, aware that there have been village elders in every village in the Republic of Kenya; cognizant that the village is not formally recognized as an administrative unit in accordance with Section 14 of the National Government Co- ordination Act No. 1 of 2013; noting that despite the said village elders offering services to the public and the Government, they are not remunerated contrary to Article 41 of the Constitution on fair labour practices; further noting that in accordance with Section 14 and 15 of the National Government Co-ordination Act No. 1 of 2013, the Cabinet Secretary in charge of Interior and Coordination of National Administration in consultation with the President and the Public Service Commission have the power to establish national government administrative units and appoint administrative officers to serve under those units; recalling that Article 10(2) (b) of the Constitution binds state organs and state officers to uphold human dignity which includes remuneration for work done; noting that village elders have existed for many years and interact with “wananchi” at the lowest level hence ,their recognition is in public interest and their remuneration has been long overdue; this House therefore urges the national Government, through the Ministry of Interior and Coordination of National Administration, to –

..……/8*(Cont’d)

(No. 15) TUESDAY NOVEMBER 01, 2022 (087)

(i) establish all existing villages as administrative units in accordance with Section 14 of the National Government Co-ordination Act No. 1 of 2013; and (ii) recruit and remunerate the existing village elders as administrative officers.

(Question to be put)

1. 9*. HOJA -

KUBUNIWA KWA BARAZA LA KISWAHILI LA KENYA

(Mhe. Yusuf Hassan, M.B.)

(Kamati ya Kiidara ya Michezo, Utamaduni na Utalii)

KWAMBA, tukitambua Kifungu cha 7 cha Katiba ya Kenya kinabainisha Kiswahili kuwa lugha pekee ya kitaifa, na pia lugha rasmi pamoja na Kiingereza, na aidha kwamba Serikali ina wajibu wa kulinda, kuendeleza na kukuza matumizi ya lugha za kiasili za watu wa Kenya; KUWA Vifungu vya 119 na 137 vya Mkataba wa Uanzilishi wa Jumuiya ya Afrika Mashariki vinawajibisha dola za Afrika Mashariki kustawisha na kuendeleza Kiswahili kama lugha ya mshikamano wa nchi wanachama; KWAMBA Mkutano wa 21 wa Marais wa nchi za Afrika Mashariki uliridhia Kiswahili kuwa moja ya lugha rasmi za Jumuiya ya Afrika Mashariki na kuwajibisha Tume ya Kiswahili Afrika Mashariki (East African Kiswahili Commission) kuwezesha kukoleza matumizi ya Kiswahili katika kanda hii; na KWAMBA Kiswahili ni moja ya lugha rasmi za Umoja wa Afrika, na kwamba Umoja wa Mataifa kupitia UNESCO umetenga kila Julai 7 kuwa Siku ya Kiswahili duniani;TUKIFAHAMU nchi ya Tanzania iliunda Baraza la Kiswahili la Taifa (BAKITA) mwaka wa 1967 na Zanzibar ikaanzisha Bazara la Kiswahili la Zanzibar (BAKIZA) mwaka wa 2004 kwa madhumuni ya kukuza, kuimarisha na kuendeleza Kiswahili eneo la Tanzania bara pamoja visiwa vya Zanzibar; IKIFAHAMIKA Kiswahili ni lugha asili kwa jamii za Mkoa wa Pwani nchini Kenya na pia Wakenya wengi ni wazungumzaji kwa Kiswahili; TUKIJUA lugha ya Kiingereza ina nguvu sana katika mawasiliano rasmi na hivyo kuchangia kudhoofika kwa lugha yetu ya Kiswahili; TUKITAMBUA uamuzi wa mkutano wa tatu wa Baraza la Mawaziri wa Kenya uliofanyika tarehe 14 Agosti 2018 uliodhinisha kubuniwa kwa Baraza la Kiswahili la Kenya kulingana na Kifungu cha 137 cha Mkataba wa Uanzilishi wa Jumuiya ya Afrika Mashariki haujatekelezwa; BUNGE hili linahimiza Serikali Kuu—kupitia Wizara ya Michezo, Utamaduni na Mirathi, kwa ushirikiano na vyombo vya kitaifa na vya kibinafsi vinavyohusika na uboreshaji wa lugha ya Kiswahili—kuanzisha rasmi Baraza la Kiswahili la Kenya na kuzindua mikakati, mbinu na sera mahususi zinazohitajika kukuza na kuendeleza lugha ya Kiswahili.

*Denotes Orders of the Day*

……....../Notices*

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N O T I C E S

I.

STATEMENTS ON THE LEGISLATIVE PROPOSAL TO

AMEND THE CONSTITUTION UNDER STANDING

ORDER 114 (7A)

(The Hon. Gichimu Githinji, M.P. and the Hon. Stephen Mule, M.P.) (Co-sponsors)

(Not later than 4.00 P.M.)

PURSUANT to the provisions of Standing Order 114(7A), it is notified that, today, Tuesday 1st November, 2022, the Speaker will accord an opportunity to the Member for Gichugu (The Hon. Gichimu Githinji) and the Member for Matungulu (The Hon. Stephen Mule) to make statements on the Legislative Proposal to amend the Constitution to entrench the National Government Constituencies Development Fund, the National Government Affirmative Action Fund, the Senate Oversight Fund, and the Economic Stimulus and Empowerment Fund in the Constitution;

THEREAFTER, the Speaker will allow Members to make general comments on the Legislative Proposal.

……....../Notices*(cont’d)

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II.

LEGISLATIVE

PROPOSAL

TO

AMEND

THE

CONSTITUTION

(The Hon. Gichimu Githinji, MP and the Hon. Stephen Mule, MP) (Co-sponsors)

THE CONSTITUTION OF KENYA (AMENDMENT) BILL, 2022

A Bill for

AN ACT of Parliament to amend the Constitution of Kenya ENACTED by the Parliament of Kenya as follows— Short title.

1. 1. This Act may be cited as the Constitution of Kenya (Amendment) Act,

2022. Insertion of new Articles in the Constitution.

1. 2. The Constitution is amended by inserting the following new Articles

immediately after Article 204− The National Government Constituencies Development Fund. 204A. (1) There is established the National Government Constituencies Development Fund which shall be a national government fund consisting of monies of an amount of not less than five per centum of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218. (2) All monies allocated under this Article shall be considered as funds allocated to constituencies pursuant to Article 206 (2) (c) to be administered in accordance with the provisions of an Act of Parliament.

(3) Parliament shall enact legislation to make further provision for the operation of this Article. The Senate Oversight Fund. 204B. (1) There is established the Senate Oversight Fund which shall be a national government fund consisting of monies of an amount of not less than one hundredth per centum of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218.

(2) All monies allocated under this Article shall be considered as funds allocated to the Senate pursuant to Article 206 (2) (c) to be administered in accordance with the provisions of an Act of Parliament.

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(3) Parliament shall enact legislation to make further provision for the operation of this Article. The National Government Affirmative Action Fund. 204C. (1) There is established the National Government Affirmative Action Fund whose object and purpose shall be to complement the national government programmes on affirmative action measures. (2) The Fund shall be a national government Fund consisting of monies of an amount of not less than one quarter per centum of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218. (3) Parliament shall enact legislation to make further provision for the operation of this Article. The Economic Stimulus and Empowerment Fund. 204D. (1) There is established the Economic Stimulus and Empowerment Fund whose object and purpose shall be to provide funds for programmes relating to─ (a) women empowerment; (b) men empowerment; (c) youth empowerment; and (d) empowerment of persons living with disabilities. (2) Parliament shall enact legislation to make further provision for the operation of this Article.

......./Notices(Cont’d)

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SCHEDULE

CONSEQUENTIAL AMENDMENTS

Act Provision Amendment The National Government Constituencies Development Fund Act, No. 30 of 2015. s. 4 Delete the expression “2.5% (two and half per centum)” appearing in subsection (1)(a) and substitute therefor the expression “5% (five per centum)”.

MEMORANDUM OF OBJECTS AND REASONS

Statement of objects and reasons for the Bill The principal object of this Bill is to amend the Constitution to entrench the following Funds as funds established in the Constitution─ (a) the National Government Constituencies Development Fund; (b) the National Government Affirmative Action Fund; (c) the Senate Oversight Fund; and (d) the Economic Stimulus and Empowerment Fund. The entrenchment of these Funds in the Constitution will ensure that the critical role the funds play in promoting the development of national government projects and empowerment of the vulnerable persons is safeguarded, as well as ensuring that the funds are not subject to abuse. Further, this will guarantee an avenue for the facilitation and implementation of national government functions in all parts of the Republic pursuant to Article 6(3) of the Constitution. Further, the establishment of the Senate Oversight Fund in the Constitution will ensure that the Senate is adequately empowered and resourced to perform its functions as stipulated in Article 96 of the Constitution. The net effect of the entrenchment of the Funds in the Constitution is to guarantee developmental benefits, without undue interruption, to the people by channelling resources to meet the ever-increasing needs of the people of Kenya. Clause 1 of the Bill provides for the short title of the Bill. Clause 2 of the Bill proposes to amend the Constitution by introducing the following new Articles─

(a) Article 204A which proposes to establish the National Government Constituencies Development Fund as a national government fund. The fund shall be allocated an amount of not less than five per centum (5%) of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218; ......./Notices(Cont’d)

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(b) Article 204B which proposes to establish the Senate Oversight Fund as a national government fund. The fund shall be allocated an amount of not less than one hundredth per centum (0.001%) of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218; (c) Article 204C which proposes to establish the National Government Affirmative Action Fund as a national government fund. The fund shall be allocated an amount of not less than one quarter per centum (0.25%) of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218; and (d) Article 204D which proposes to establish the Economic Stimulus and Empowerment Fund whose object is to provide funds for programmes relating to women empowerment, men empowerment, youth empowerment and empowerment of persons living with disabilities. Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms This Bill does not delegate legislative powers nor does it limit any fundamental rights and freedoms. Statement of how the Bill concerns county governments A Bill to amend the Constitution shall be considered by both Houses of Parliament as provided under Articles 255, 256 and 257 of the Constitution.

Statement as to whether the Bill is a money Bill within the meaning of Article 114 of the Constitution The enactment of this Bill shall occasion additional expenditure of public funds.

......./Notices(Cont’d)

(No. 15) TUESDAY NOVEMBER 01, 2022 (093)

LIMITATION OF DEBATE

The House resolved on Wednesday, October 12, 2022 as follows-

Limitation of Debate on Motions

III.

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.

........./Notice Paper I*

NOTICE PAPER I

Tentative business for

Wednesday (Morning), November 02, 2022 (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), November 02, 2022-

A.

HOJA

- KUBUNIWA KWA BARAZA LA KISWAHILI LA

KENYA

(Mhe. Yusuf Hassan, M.B.)

(If not concluded on Tuesday, November 01, 2022)

B.

MOTION - EMPOWERMENT OF ARTISANS BY THE

NATIONAL GOVERNMENT

(The Hon. John Kiarie, M.P.)

(If not concluded on Tuesday, November 01, 2022)

C.

MOTION - DEVELOPMENT OF A UNIFIED NATIONAL

POLICY ON SMALL AND MICRO-ENTERPRISE

(The Hon. Beatrice Elachi, M.P.)

........./Notice Paper II*

NOTICE PAPER II

Tentative business for

Wednesday (Afternoon), November 02, 2022 (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), November 02, 2022-

A.

MOTION

- ADOPTION OF SESSIONAL PAPER NO. 3 ON

THE NATIONAL ACTION PLAN ON BUSINESS

AND HUMAN RIGHTS

(The Leader of the Majority Party)

B.

HOJA

- KUBUNIWA KWA BARAZA LA KISWAHILI LA

KENYA

(Mhe. Yusuf Hassan, M.B.)

(If not concluded on Wednesday, November 02, 2022 – Morning Sitting)

C.

MOTION

- EMPOWERMENT OF ARTISANS BY THE

NATIONAL GOVERNMENT

(The Hon. John Kiarie, M.P.)

(If not concluded on Wednesday, November 02, 2022 – Morning Sitting)

D.

MOTION - DEVELOPMENT OF A UNIFIED NATIONAL

POLICY ON SMALL AND MICRO-ENTERPRISE

(The Hon. Beatrice Elachi, M.P.)

(If not concluded on Wednesday, November 02, 2022 – Morning Sitting)