Thursday, May 19, 2022 At 2.30 P.m.

Twelfth Parliament

Sixth Session

(No. 46)

(1337)

REPUBLIC OF KENYA

TWELFTH PARLIAMENT – (SIXTH SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

THURSDAY, MAY 19, 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 – REPORT OF THE COMMITTEE OF THE WHOLE

HOUSE ON THE CHILDREN BILL (NATIONAL

ASSEMBLY BILL NO. 38 OF 2021)

(The Leader of the Majority Party)

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the Children Bill (National Assembly Bill No. 38 of 2021), subject to recommital of clauses 30, 64 and 250.

(Question to be put)

(Text for Clauses proposed for recommital is under Notice I)

1. 9*. MOTION -

ESTABLISHMENT OF A PARLIAMENTARY HEALTH

SERVICES UNIT

(The Chairperson, Committee on Members’ Services and Facilities)

THAT, this House adopts the Report of the Select Committee on Members’ Services and Facilities on Establishment of a Parliamentary Health Services Unit, laid on the Table of the House on Wednesday, August 11, 2021.

(Question to be put)

...………/10*

(No. 46)

THURSDAY, MAY 19, 2022 (1338)

1. 10*. COMMITTEE OF THE WHOLE HOUSE

The Children Bill (National Assembly Bill No. 38 of 2021) (The Leader of the Majority Party)

(Subject to recommital)

1. 11*. MOTION - IMPLEMENTATION STATUS OF THE REPORTS ON A

PETITION ON IRREGULAR RENEWAL OF LEASES OF

LAND BY DEL MONTE KENYA LIMITED AND

EVICTION OF WORKERS FROM THEIR LAND IN

ROYSAMBU BY KDF

(The Chairperson, Committee on Implementation)

THAT, this House adopts the Report of the Select Committee on Implementation on its consideration of the implementation status of the following matters:

(i) the Report of the Departmental Committee on Lands on a Petition on irregular renewal of leases of land by Del Monte Kenya Limited, laid on the Table of the House on Wednesday, December 22, 2021; and

(ii) the Report of the Departmental Committee on Lands on its consideration of the Petition by former workers of the late Mayer Jacob Samuels regarding the invasion and eviction of the workers from their land in Roysambu Constituency by the Kenya Defence Forces, laid on the Table of the House on Wednesday, December 22, 2021.

1. 12*. MOTION - STUDY VISIT TO THE LEGISLATIVE ASSEMBLY OF

ALBERTA, CANADA

(The Chairperson, Committee on Members’ Services and Facilities)

THAT, this House adopts the Report of the Committee on Members’ Services and Facilities on a Study Visit to the Legislative Assembly of Alberta, Canada undertaken from 14th to 18th October 2019, laid on the Table of the House on Tuesday, December 1, 2020.

1. 13*. THE PROMPT PAYMENT BILL (SENATE BILL NO. 16 OF 2021)

(The Chairperson, Departmental Committee on Finance and National Planning)

Second Reading

...………/14*

(No. 46)

THURSDAY, MAY 19, 2022 (1339)

1. 14*. THE MUNG BEANS BILL (SENATE BILL NO. 9 OF 2020)

(The Chairperson, Departmental Committee on Agriculture and Livestock)

Second Reading

1. 15*. THE COUNTY BOUNDARIES BILL (SENATE BILL NO. 20 OF 2021)

(The Chairperson, Departmental Committee Justice and Legal Affairs)

Second Reading

*Denotes Orders of the Day*

……....../Notices

(No. 46)

THURSDAY, MAY 19, 2022 (1340)

N O T I C E S

I. THE CHILDREN BILL (NATIONAL ASSEMBLY BILL NO. 38

OF 2021)

NOTICE OF THE FOLLOWING AMENDMENTS HAS BEEN GIVEN

SUBJECT TO RE-COMMITTAL

1) Notice is given that the Chairperson of the Departmental Committee of Labour and Social Welfare intends to move the following further amendments to the Children Bill, 2021 at the Committee Stage, subject to re-committal—

CLAUSE 30

THAT the Bill be amended in by deleting Clause 30 and substituting therefor the following new sub-clause— Equal parental responsibility.

1. 30. (1) Subject to the provisions of this Act, the parents of a child

shall have parental responsibility over the child on an equal basis, and neither the father nor the mother of the child shall have a superior right or claim against the other in exercise of such parental responsibility whether or not the child is born within or outside wedlock. (2) A person who has parental responsibility over a child shall at all times have the duties, powers and responsibilities as are prescribed in this Act or any other written law. (3) A person with parental responsibility over a child shall not act in any way that contravenes any order of a court of competent jurisdiction made with respect to the child under this Act or any other written law. (4) A person who has parental responsibility over a child may not relinquish or assign such responsibilities to another person. (5) Nothing in subsection (4) prevents a person from making temporary arrangements, during his or her absence, to allow a fit person to exercise his or her parental responsibilities over a child for and on his or her behalf. (6) The making of the temporary arrangements referred to in subsection (4) by a person shall not affect or limit that person’s liability arising from his or her failure to exercise his or her responsibility under this section.

(No. 46)

THURSDAY, MAY 19, 2022

(1341)

2) Notice is given that the Leader of the Majority Party intends to move the following further amendments to the Children Bill, 2021 at the Committee Stage, subject to re-committal —

CLAUSE 64

THAT, Clause 64 be further amended by inserting the following new sub clauses immediately after sub clause (2)—

(2A) Without prejudice to the generality of subsection (1), the Cabinet Secretary may, in consultation with the Council, by notice in the Gazette designate such children’s institutions to operate as children rescue centres as the Cabinet Secretary may consider appropriate. (2B) The children’s institutions referred to in subsection (3) shall not include police stations, remand homes or rehabilitation schools. (2C) The Cabinet Secretary shall make regulations to provide for the procedure and minimum standards to be adhered to before the approval of an application for designation as a children rescue centre under this section.

CLAUSE 250

THAT, the Bill be amended by— (a) renumbering the existing provision as sub-clause (1); (b) inserting the following new sub-clauses after the renumbered sub clause (1)— “(2) A children’s institutions that receives public funds under this Act shall keep proper books and records of account of the income, expenditure, assets and liabilities of the institution with respect to public funds in accordance with the Public Finance Management Act. (3) The accounts of the children institutions that receive public funds shall be prepared, audited and reported upon in accordance with the provisions of the Public Audit Act.”

(No. 46)

THURSDAY, MAY 19, 2022 (1342)

LIMITATION OF DEBATE

The House resolved on Wednesday, February 2, 2022 as follows- Limitation of Debate on Motions II. 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 be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson

Limitation of Debate on Bills sponsored by Parties or Committees

III. 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 shall 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 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 Committee Reports IV. THAT, each speech in a debate on Committee Reports (except for Reports of Audit Committees), 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 Chairperson of the relevant Committee (if the Committee Report is not moved by the Chairperson of the relevant Committee) except for the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of ten (10) minutes each, 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.

……....../Notice Paper*

NOTICE PAPER

Tentative business for

Tuesday, May 24, 2022 (Published pursuant to Standing Order 38(1))

It is notified that the House Business Committee has approved the following tentative business to appear in the Order Paper for Tuesday, May 24, 2022-

A. THE COUNTY ALLOCATION OF REVENUE BILL (SENATE BILL

NO. 1 OF 2022)

(The Chairperson, Budget and Appropriations Committee)

First Reading (Subject to receipt from the Senate)

B. COMMITTEE OF THE WHOLE HOUSE

(i) The Military Veterans Bill (National Assembly Bill No. 4 of 2022) (The Leader of the Majority Party)

(ii) The Persons with Disabilities Bill (National Assembly Bill No. 61 of 2021) (The Leader of the Majority Party)

C. MOTION -

STUDY VISIT TO THE LEGISLATIVE ASSEMBLY OF

ALBERTA, CANADA

(The Chairperson, Committee on Members’ Services and Facilities)

(If not concluded on Thursday, May 19, 2022)

D. THE PROMPT PAYMENT BILL (SENATE BILL NO. 16 OF 2021)

(The Chairperson, Departmental Committee on Finance and National Planning)

Second Reading (If not concluded on Thursday, May 19, 2022)

E. THE MUNG BEANS BILL (SENATE BILL NO. 9 OF 2020)

(The Chairperson, Departmental Committee on Agriculture and Livestock)

Second Reading

(If not concluded on Thursday, May 19, 2022)

F. THE COUNTY BOUNDARIES BILL (SENATE BILL NO. 20 OF 2021)

(The Chairperson, Departmental Committee Justice and Legal Affairs)

Second Reading

(If not concluded on Thursday, May 19, 2022)

…...….../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

122/2022

The Member for Ruiru (Hon. Simon Kingára, MP) to ask the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works: - (i) What measures has the Ministry put in place to address the numerous road accidents occurring along the newly constructed Ruiru - Uplands Road (formerly C65 and now B116) and the rehabilitated the Ruiru - Kamiti Road (formerly C63 and now B115) that have led to many fatalities?

(ii) When will the Ministry erect adequate bumps as well as install sufficient pedestrian crossings on the two roads to avert further loss of lives along the said roads?

(To be replied before the Departmental Committee on Transport, Public Works and Housing) 123/2022

The Member for Marsabit County (Hon. Safia Adan, MP) to ask the Cabinet Secretary for Water, Sanitation and Irrigation: - Could the Cabinet Secretary state the plans in place by the Ministry, if any, to ensure establishment of more water supply projects particularly, sinking of boreholes and construction of water pans and dams in Marsabit County specifically in Saku Constituency to address acute water shortage experienced in the area, and resource-based conflicts amongst communities in the County?

(To be replied before the Departmental Committee on Environment and National Resources)