Order Papers, Wednesday March -02-03-2022 Morning Sitting

Twelfth Parliament

Sixth Session

Morning Sitting

(No. 19)

(164)

REPUBLIC OF KENYA

TWELFTH PARLIAMENT – (SIXTH SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, MARCH 02, 2022 AT 9.30 A.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*. THE PUBLIC DEBT MANAGEMENT AUTHORITY BILL (NATIONAL

ASSEMBLY BILL NO. 36 OF 2020)

(The Hon. Sakwa Bunyasi, M.P.)

Second Reading (Mover to reply)

1. 9*. THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT

FUND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 5 OF

2022) (The Hon. John Mwirigi, M.P.)

First Reading

1. 10*. THE HIGHER EDUCATION LOANS BOARD (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 37 OF 2020)

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

Second Reading

1. 11*. THE INFORMATION COMMUNICATION TECHNOLOGY

PRACTITIONERS BILL (NATIONAL ASSEMBLY BILL NO. 38 OF 2020)

(The Hon. Godfrey Osotsi, M.P.)

Second Reading

…..……../12*

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12***. THE INSURANCE PROFESSIONALS REGISTRATION BILL

(NATIONAL ASSEMBLY BILL NO. 25 OF 2020)

(The Hon. Benjamin Washiali, M.P.)

Second Reading

13**. THE CRIMINAL PROCEDURE CODE (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 41 OF 2020)

(The Hon. Nelson Koech, M.P.)

Second Reading

1. 14*. THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 45 OF 2020)

(The Hon. David Gikaria, M.P.)

Second Reading

1. 15*. THE CHILDREN (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 46 OF 2020)

(The Hon. Peter Kaluma, M.P.)

Second Reading

1. 16*. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

(AMENDMENT) (NO.3) BILL (NATIONAL ASSEMBLY BILL NO. 49 OF

2020) (The Hon. Gathiru Mwangi, M.P.)

Second Reading

1. 17*. THE PHARMACY AND POISONS (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 1 OF 2021)

(The Hon. Alfred Keter, M.P.)

Second Reading

1. 18*. THE COMPUTER MISUSE AND CYBERCRIMES (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 11 OF 2021)

(The Hon. Aden Duale, M.P.)

Second Reading

…..……../19*

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1. 19*. THE HEALTH (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 14 OF 2021)

(The Hon. Mwambu Mabongah, M.P.)

Second Reading

20**. THE PUBLIC SERVICE INTERNSHIP BILL (NATIONAL ASSEMBLY

BILL NO. 25 OF 2021)

(The Hon. Naisula Lesuuda, M.P.)

Second Reading

1. 21*. THE NATIONAL GOVERNMENT CONSTITUENCIES

DEVELOPMENT FUND (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 34 OF 2021)

(The Hon. Tindi Mwale, M.P.)

Second Reading

22**. THE PENAL CODE (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 40 OF 2021)

(The Hon. Nimrod Mbai, M.P.)

Second Reading

23**. THE PENAL CODE (AMENDMENT) (NO.2) BILL (NATIONAL

ASSEMBLY BILL NO. 47 OF 2021)

(The Hon. David Gikaria, M.P.)

Second Reading

24**. THE WHISTLEBLOWER PROTECTION BILL (NATIONAL ASSEMBLY

BILL NO. 50 OF 2021)

(The Hon. Irene Kasalu, M.P.)

Second Reading

25**. THE HIGHER EDUCATION LOANS BOARD (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 52 OF 2021)

(The Hon. Gideon Koske, M.P.)

Second Reading

…..……../26*

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26***. THE POVERTY ERADICATION AUTHORITY BILL (NATIONAL

ASSEMBLY BILL NO. 13 OF 2020)

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

Second Reading

27***. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 20 OF 2020)

(The Hon. Patrick Wainaina, M.P.)

Second Reading

28***. THE SEXUAL OFFENCES (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2020)

(The Hon. Gathoni Wamuchomba, M.P.)

Second Reading

29***. THE HEALTH (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 28 OF 2020)

(The Hon. Alice Wahome, M.P.)

Second Reading

30***. THE HIGHER EDUCATION LOANS BOARD (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 29 OF 2020)

(The Hon. Gideon Keter, M.P.)

Second Reading

31***. THE INSTITUTE OF SOCIAL WORK PROFESSIONALS BILL

(NATIONAL ASSEMBLY BILL NO. 31 OF 2020)

(The Hon. Joshua Kimilu, M.P.)

Second Reading

32***. THE BIRTH AND DEATH REGISTRATION (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 32 OF 2020)

(The Hon. Martha Wangari, M.P.)

Second Reading

…..……../33*

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33***. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 34 OF 2020)

(The Hon. Richard Tongi, M.P.)

Second Reading

34***. THE ALCOHOLIC DRINKS CONTROL (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 35 OF 2020)

(The Hon. Danson Mwakuwona, M.P.)

Second Reading

*Denotes Orders of the Day* ** Denotes Orders of the Day for which Committee Report is yet to be tabled ***Denotes Bills whose Second Reading was deferred

……....../Notices*

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WEDNESDAY, MARCH 02, 2022

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N O T I C E S

LIMITATION OF DEBATE

The House resolved on Wednesday, February 2, 2022 as follows-

Limitation of Debate on Individual Members’ Bills THAT, each speech in a debate on Bills NOT 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 three hours and thirty minutes, with not more than thirty (30) minutes for the Mover, in moving and ten (10) minutes in replying, a maximum of thirty (30) minutes for the Chairperson of 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; 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

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

A. THE NATIONAL COHESION AND INTEGRATION (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 1 OF 2022)

(The Chairperson, Committee on National Cohesion and Equal Opportunity)

First Reading

B. THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL (SENATE

BILL NO. 17 OF 2021)

(The Chairperson, Departmental Committee on Administration and National Security)

First Reading

C. THE HERITAGE AND MUSEUMS BILL (SENATE BILL NO. 22 OF 2021)

(The Chairperson, Departmental Committee on Sports, Culture and Tourism)

First Reading

D. THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILL

NO. 38 OF 2021)

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

First Reading

E. THE ELECTIONS (AMENDMENT) BILL (SENATE BILL NO. 42 OF 2021)

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

First Reading

F. THE DIVISION OF REVENUE BILL (NATIONAL ASSEMBLY BILL NO. 8

OF 2022)

(The Chairperson, Budget and Appropriations Committee)

Second Reading

G. COMMITTEE OF THE WHOLE HOUSE

The Division of Revenue Bill (National Assembly Bill No. 8 of 2022) (The Chairperson, Budget and Appropriations Committee)

H. THE COFFEE BILL (SENATE BILL NO. 22 OF 2020)

(The Chairperson, Departmental Committee on Agriculture and Livestock)

Second Reading

(Resumption of debate interrupted on Tuesday, March 01, 2022)

I. THE HUDUMA BILL (NATIONAL ASSEMBLY BILL NO. 57 OF 2021)

(The Leader of the Majority Party)

Second Reading

J. THE CHILDREN BILL (NATIONAL ASSEMBLY BILL NO. 38 OF 2021)

(The Leader of the Majority Party)

Second Reading

K. THE NATIONAL ELECTRONIC SINGLE WINDOW SYSTEM BILL

(NATIONAL ASSEMBLY BILL NO. 15 OF 2021)

(The Leader of the Majority Party)

Second Reading

L. THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) (No.3) BILL

(NATIONAL ASSEMBLY BILL NO. 39 OF 2020)

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

Second Reading

M. THE ELECTIONS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 41 OF 2021)

(The Chairperson, Constitutional Implementation Oversight Committee)

Second Reading

N. THE ELECTION CAMPAIGN FINANCING (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 37 OF 2021)

(The Chairperson, Constitutional Implementation Oversight Committee)

Second Reading

O. THE ADVOCATES (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 43 OF 2021)

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

Second Reading

….….../Appendix*

A P P E N D I X

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO.4 - PETITIONS

It is notified that, pursuant to the provisions of Standing Order 225, the following Petitions will be presented -

No. Subject Petitioner(s) Relevant Committee

08/2022 Waiver of Value Added Tax levied on Textbooks, Journals and Periodicals To be presented by the Hon. Speaker on behalf of Mr. Njoroge Waweru of Kikuyu

D.C. on Finance and National Planning

010/2022 Seeking compensation for Nyanza-Western Kenya Caucus of Internally Displaced Persons To be presented by the Hon. James Nyikal (Seme) on behalf of the Nyanza- Western Kenya Caucus of IDPs D.C. on Administration & National Security

….….../Appendix*(Cont’d)

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

049/2022

The Member for Alego Usonga (Hon. Samuel Atandi, MP) to ask the Teachers Service Commission: - (i) Could the Teachers Service Commission (TSC) explain why Mr. Reuben Omondi Owino of personal number No.459139, a former teacher at Madede Primary School in Alego Usonga Constituency was irregularly dismissed from the service? (ii) Could the Commission also explain why it is yet to reinstate Mr. Owino to the service even after the Magistrates Court sitting in Siaya acquitted him on 29th June, 2018 from the accusations by the TSC on the basis of lack of evidence? (iii) Could the Commission state when it will reinstate Mr. Owino back to service? (iv) Could the Commission explain the measures put in place to ensure that Mr. Owino is paid all his accrued dues since 1st March, 2018 when he was irregularly interdicted from service? (For Written Reply by the Teachers Service Commission)

050/2022

The Member for Mwatate (Hon. Andrew Mwadime, MP) to ask the Cabinet Secretary for Petroleum and Mining: -

(i) Could the Cabinet Secretary explain why the Gemology Centre in Voi, Taita Taveta County, is yet to be commissioned, two years after its construction? (ii) What steps is the Ministry taking to expeditiously commission and operationalize the said centre to enable value addition to minerals found in the region? (To be replied before the Departmental Committee on Environment and Natural Resources) 055/2022

The Member for Mathioya (Hon. Peter Kihara, MP) to ask the Cabinet Secretary for of Agriculture, Livestock and Fisheries: - (i) Could the Cabinet Secretary explain why M/s Macnut Farm Products located in Kairi area, Mathioya Constituency which was on 24th May 2019 awarded tender no. MOALF I/ SDCD/ REG/ 03/2018- 2019) for the supply of coconut and grafted cashewnuts seedlings to five Counties, namely; Taita Taveta, Kwale, Kilifi, Lamu and Tharaka Nithi and issued with five (5) local purchase orders (LPOs) on 23rd June

2019 worth twenty-seven (27) million shillings out of a total of nine LPOs worth forty-four (44) million shillings under the tender, is yet to be instructed to supply the said seedlings?

(ii) Could the Cabinet Secretary state when said farm will be instructed to supply the seedlings, which are still in the nurseries, in line with the said tender awarded?

(To be replied before the Departmental Committee on Agriculture and Livestock)

067/2022

The Member for Jomvu (Hon. Bady Twalib, MP) to ask the Attorney General: - (i) Could the Attorney General clarify why certain state agencies have not implemented orders in an Environment and Lands Court ruling made on 16th of July, 2020, arising from Petition No.1 of 2016 relating to residents of Owino-Uhuru village in Mikindani Ward, Jomvu Constituency where the court ruled that five state agencies responsible for enforcing regulations at the responsible plant and two private entities were liable for the health and environmental harm inflicted on the said community as a result of poor waste management?

(ii) What action is the Cabinet Secretary taking to ensure that the Court decree is implemented considering that the 90-day period given by the Court for the community to be compensated lapsed on the 15th of October, 2020 and that the 120 day-period given for the clean-up exercise to be conducted in Owino-Uhuru village lapsed on the 9th of November, 2020?

(To be replied before the Departmental Committee on Justice and Legal Affairs) 068/2022

The Member for Kwale County (Hon. Zuleikha Hassan, MP) to ask the Cabinet Secretary for the Water, Sanitation and Irrigation: - (i) When will the Coast Water Services Board submit the files for thirty four (34) retired civil servants who served under the Board until their retirement, for purposes of processing and payment of their pension dues to the National Treasury and other relevant departments, whose personal numbers are as follows – (Personal No.s 021492, 029116, 030373, 034166, 034383, 031139 and 034084 who retired in the year 2014; 1977054282, 030474, 034514, 019420 and 061982 who retired in the year 2015; 034386, 059038, 057976, 030366 and 034604 who retired in the year 2016; 034167, 034068 and 019400 who retired in the year 2017; 053274, 058219, 034295, 034631 and 198206890 who retired in the year 2018; and, 050566, 034185, 037177, 030474, 034320, 034163, 034268, 050507 and 034554 who retired in 2019)?

(ii) What measures has the Ministry put in place to ensure that the Board submits files of retired staff to the National Treasury and other relevant government departments for processing and payment of dues to the beneficiaries in a timely manner?

(To be replied before the Departmental Committee on Agriculture and Livestock) 074/2022

The Nominated Member (Hon. Godfrey Osotsi, MP) to ask the Cabinet Secretary for Interior and Coordination of National Government: - (i) Could the Cabinet Secretary explain the status of investigations into a complaint raised by M/s. Transcend Media Group against M/s. Safaricom Limited for theft of copyright arising out of a tender flouted by Safaricom Ltd in 2016 for provision of Creative and Digital Services, launched with the Directorate of Criminal Investigations (DCI) vide inquiry No.14 of 2021? (ii) Could the Cabinet Secretary further explain why the DCI is unable to enforce its own summons against Safaricom Limited as contained in its letters dated 29th June 2021 and 15th July 2021? (iii) Could the Cabinet Secretary provide details of all complaints filed with the Police against M/s. Safaricom Limited regarding theft of copyrights, intellectual property rights and other complaints? (iv) What specific steps is the Ministry taking to ensure that large corporations in particular M/s. Safaricom Limited comply with existing laws and ethical standards? (To be replied before the Departmental Committee of Administration and National Security)