Mutunga John Kanyuithia

Thank you, Hon. Temporary Speaker for giving me this opportunity to also add a few ideas on the President’s Address. The President did well to fulfil his mandate as per the Constitution. Among the many speeches I have listened to, his is equal to none. He recognised that he was...

Thank you Hon. Temporary Speaker for giving me the opportunity to also add my voice to this Motion. I would like to thank the Committee for the good work it has done in vetting those individuals and confirming that the President made the right choices in proposing their names. I...

Thank you, Hon. Speaker, for the opportunity to also add my voice to this very important Petition. Hon. Speaker, people do not become squatters because they want to; they do so because they do not have a source of livelihood and nothing to rely on. They, therefore, have to look...

Thank you, Hon. Deputy Speaker for giving me the opportunity to contribute to the adoption of this Report. I wish to thank the Committee for taking time and conducting a detailed study on the Northern Corridor Roads. That road is part of the Trans-African Highways and it is very important....

Thank you, Hon. Temporary Speaker, for the opportunity to also support the Insurance (Amendment) Bill (National Assembly Bill No.18 of 2023) . I commend the Committee and the sponsor for the good work and for bringing these amendments to this Act. These amendments will create accountability in insurance companies, which...

Yes. Thank you, Hon. Temporary Speaker.

That is great, I want to say a few things. It is extremely wrong for Cabinet Secretaries to make regulations alone because they are supposed to implement the existing laws. In some cases, you realise that even before the law is changed, some Cabinet Secretaries come up with regulations like...

Thank you, Hon. Speaker, for the opportunity to contribute on the issue of El Nino. You have one minute. Hon. Speaker, sometimes I marvel when we look at El Nino as a disadvantage or disaster in this country, instead of seeing it as an opportunity. Kenya is majorly dry and...

Thank you, Hon. Temporary Speaker, for giving me the opportunity to contribute to this Bill. Healthcare costs are punitive, especially for those holding elective offices in this country. I think it will be most welcome if there is any mechanism to relieve such costs to such people. That is why,...

Thank you, Hon. Deputy Speaker, for giving me an opportunity to support my colleagues on this issue. In his Statement, he mentioned that people were picked up while herding their livestock. It is systematic. It is happening on a continuous basis. There does not seem to be an end to...

Thank you, Hon. Temporary Speaker. I wish to thank the Member for bringing this particular Petition. Tigania West also borders a national reserve, the South Imenti Forest, which has elephants and other animals. We have frequent visits by the elephants in our constituency. People of Luuria, Kanjai and Kamitonga have...

Thank you, Hon. Temporary Speaker for the opportunity to speak to the adoption of this Report. Right from the outset, it is okay for the counties to meet and talk. It is okay for them to make proposals. It is okay for them to come up with structured processes of...

Hon. Temporary Chairman, I want a clarification here. Does this have to come from the Authority or through the mother Ministry? I know that the process is that the mother Ministry makes the request to the House and then does disbursement to this particular entity. Will it have to come...

Hon. Temporary Chairman, I agree with the Chairman that it is punitive to have 10 per cent because there is a likely failure. This will encourage people to pay the arrears if they have them.

Thank you, Hon. Speaker, for giving me the opportunity to contribute to this Bill. I have looked through the Bill. I want to highlight a few issues as per my findings. I first noticed that the Bill uses the words ‘retrieval’ and ‘archival,’ which are not defined. Clause 21 (3)...

Thank you, Hon. Temporary Speaker, for giving me the opportunity to also add my voice to this debate. This Bill is a true manifestation of what inclusivity is all about. I believe and hope that in the ongoing discussions, such things will take centre-stage. Inclusivity in health care is very...

Hon. Temporary Chairman, the Committee does not have an amendment to Clause 18. The Temporary Chairman (Hon. David Ochieng’): Members, I plead that we all be attentive. We are now on Clause 19. Hon. Caroli has withdrawn his amendment. We are now considering the Committee’s amendment. Hon. Temporary Chairman, I...

Hon. Temporary Chairman, Clause 19 (2) (a) , which Hon. Oundo wants to amend, indicates that we are satisfied that the applicant is financially sound and solvent. Clause 19 (a) reads: “… it is of the opinion that the applicant is fit and proper”. Fit and proper in our opinion...

Hon. Temporary Chairman, I beg to move: THAT, Clause 20 of the Bill be amended—

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 22. The Temporary Chairman (Hon. David Ochieng’): What is in the Order Paper, Hon. Chairman? It proposes that Clause 22 of the Bill be deleted.(Question of the amendment proposed)(Question, that the words to be left...

Hon. Temporary Chairman, Hon. Oundo’s amendments are covered majorly by the Committee amendments. Therefore, if the Committee presented the amendments before, Hon. Oundo’s amendments would have just fallen. I propose that we take the Committee’s amendments. The Temporary Chairman (Hon. David Ochieng’) : Hon. Chairman, what do you mean by...

Hon. Temporary Chairman, maybe, it is semantics. I am not supporting Hon. Oundo’s amendments because they have been taken up by the Committee’s amendments. The Temporary Chairman (Hon. David Ochieng’) : Hon. Wangwe.

Hon. Temporary Chairman, I beg to move: THAT, Clause 24 of the Bill be amended— Hon. Temporary Chairman, sub- clause (1) as amended by the Committee is basically by deleting paragraph (a) and substituting it with a more enhanced paragraph. If you allow me, I can read these paragraphs. The...

Thank you very much for giving me an opportunity to defend myself especially from what my friend has said. With a lot of respect to the honourable professor, this is not a university. This is a research institute whose training content will only be innovations, technologies and management practices. He...

Hon. Temporary Chairman, if Hon. Nyikal has looked at the Committee's amendments, he should have seen that we actually introduced ‘sugar crop’ in the definitions section so that it covers all sugar crops. Wherever we have ‘sugarcane’ we have ‘sugar crops’ because it is possible to have sugar beets or...

It says, ‘sugar crop’ means ‘a crop grown for the purpose of sugar production, including sugarcane and sugar beets.’ He wants us to add “producing.” The Deputy Chairman (Hon. David Ochieng’) : Thank you. Let us have Hon. Nyikal.

In view of Hon. Nyikal’s amendment, we propose to remove paragraph (l) . The Temporary Chairman (Hon. David Ochieng’) : Is that Hon. Nyikal's amendment or your amendment? It is Hon. Nyikal’s amendment. Clause 24 (l) states: “breed sugarcane varieties suited for various agro-ecological areas of Kenya.” The Temporary Chairman...

Hon. Temporary Chairman, the amendments to Clause 24 (2) are for purposes of correcting, aligning and improving the definitions of all the provisions up to paragraph (x) . They are many and we have a further amendment being proposed. What Hon. Nyikal is proposing does not fit quite well. Therefore,...

Hon, Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 25 and substituting therefor the following new clause: Management of the Institute

Hon. Temporary Chairman, before I propose my amendment, I would like Members to respect each other. When somebody says that some Members have no brains, I would like that statement withdrawn. I think that it is very wrong for the Hon. Member from Busia to have said that, because she...

Hon. Temporary Chairman, I beg to move: THAT, Clause 28 of the Bill be amended—

Hon. Temporary Chairman, as I said earlier during debate on the previous clause, we do not need to bring in SRC into a sub- sectoral Bill because the Public Service Commission does consultations before they define the terms and conditions of engagement. One of the institutions they consult is SRC....

Hon. Temporary Chairman, I agree with Hon. Oundo’s amendment. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Part V as amended agreed to) Clause 29 The Temporary...

Hon. Temporary Chairman, I agree with Hon. Oundo’s proposed amendment except Clause 29 (4) and (5) . The only problem is that we need to change from Kenya Sugar Research Institute to the Board because these are the functions of the Sugar Board. The Temporary Chairman (Hon. David Ochieng’) :...

Hon. Temporary Chairman, let me explain something to Hon. Melly. In the Common Market for Eastern and Southern Africa (COMESA) trading system, it is discriminatory for us to put a lower levy percentage than what is there. It is against the law. We cannot do that. The Temporary Chairman (Hon....

Hon. Temporary Chairman, the Committee did not amend that clause. In view of the explanation that Hon. Nyikal has brought to the Floor of the House, it makes sense to have a lower levy because it is a penalty. (Question, that the words to be left out be left out,...

Hon. Temporary Chairman, we agree with the proposal by Hon. Oundo. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) Hon. Temporary Chairman, I beg to move: THAT,...

I beg to move: THAT, Clause 42 of the Bill be amended by deleting sub-clause (1) and substituting therefor the following new sub clause— “(1) The Tribunal shall expeditiously determine any dispute before it but in any case, shall determine a dispute within a period of three months from the...

I do not agree with the amendment by Hon. Shakeel. It is interfering with the court processes. They have their procedures and rules. We are likely to interfere with court processes if we fix a timeline. The Temporary Chairman (Hon. David Ochieng’): Thank you. The Hon. K’Oyoo.

Hon. Temporary Chair, I beg to move: THAT, Clause 49 of the Bill be amended— Hon. Temporary Chair, I beg to move: THAT, the Bill be amended by deleting Clause 51. This is to move to Clause 20 as Clause 20 (A) because it provides for sugar imports and we...

Hon. Temporary Chair, please deal with the proposer. (Question of the further amendment proposed) The Temporary Chairman (Hon. David Ochieng’) : Hon. Chairman. I agree with the proposal. (Question, that the words to be inserted be inserted, put and agreed to) (Clause 53 as amended agreed to) (Hon. Nabii Nabwera...

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 54. The justification is that governance of private sugar mills should be in accordance with the Articles of Association to enable them to do their work. We do not want interference. The Temporary Chairman (Hon....

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 55. The Temporary Chairman (Hon. David Ochieng’) : Why are you deleting? Hon. Temporary Chairman, Clauses 55 and 54 basically provide for what we think is not correct. Private sugar mills allow individuals to sit...

Thank you. If we look at the spirit of Clause 54, it is specific that 51 per cent shareholding in a private mill sugar factory goes to the farmers. That is punitive. We know we can have arrangements, and we went to all the regions and visited about 11 sugar...

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 56. The Committee recommends that Clause 56 be deleted because we have moved the Third Schedule into the Regulations. The Clause is referring to provisions that have already been deleted from the Bill. (Question of...

I need to first consult my team. The Temporary Chairman (Hon. David Ochieng’) : Please, go ahead. (Hon. (Dr) John Mutunga consulted the Committee Members) . Give the Hon. Chairperson the microphone. He is back. Hon. Chairperson we are waiting for you. Hon. Temporary Chairman, we have agreed to further...

The Committee was of the opinion that the Privatisation Act is sufficient. So, there is no need of bringing it now. The Temporary Chairman (Hon. David Ochieng’) : Thank you. Yes, Hon. Oundo.

Hon. Temporary Chairman, I beg to move that the new Clauses 17A and 17B be now read a Second Time. The Temporary Chairman (Hon. David Ochieng’) : Go ahead. Registration of millers. Registration of a grower to a factory Clause 17A is about registration of millers. It provides for registration...

Hon. Temporary Chairman, I beg to move that the new clause 19A be now read a Second Time. (Question, that the new clause be read a Second Time, proposed) (Hon. (Dr) Ojiambo Oundo raised his hand) The Temporary Chairman (Hon. David Ochieng’) : Hon. (Dr) Oundo, allow me to put...

Hon. Temporary Chairman, we proposed amendments to Clause 20. They had that language. We made it very sharp. I would like to read Clause 20. Clause 20 (1) says that: “A person shall not import or export sugar crop, sugar or sugar byproducts without a valid licence issued by the...

Hon. Temporary Chairman, Clause 22 (A) as proposed by Hon. (Dr) Oundo is already provided under Clause 4 (n) and I would like to read Clause 22 (4) (n) . Sub-clause 4 (n) gives the board the power to enforce and monitor. The Temporary Chairman (Hon. David Ochieng’) : Sub-clause...

Yes, New Clause 53A. Hon. Temporary Chairman, I beg to move that New Clause 53A be now read a Second Time. New Clause 53A is about general penalty. New Clause 53A (1) states that a person who contravenes any of the provisions of this Act commits an offence. New Clause...

I want to contribute. The Temporary Chairman (Hon. David Ochieng’) : Go ahead. Hon. Temporary Chairman, we had not looked at the Sugarcane Pricing Committee which right now is domiciled at the regulatory body’s headquarters. It is important to have a pricing committee. So, in consideration of the mood of...

Hon. Temporary Chairman, I would like to start by defining a catchment area as per this Bill. A sugar catchment area is defined as a specific geographical area where farmers are clustered within a suitable sugar catchment area for purposes of election to the board under the First Schedule. These...

Hon. Temporary Chairman, I do not think we are making very good progress. We would like to move a further amendment. The Temporary Chairman (Hon. David Ochieng’) : Hon. Nabii, we are discussing your amendment and that is why I want to hear from you.

Hon. Temporary Chairman, I beg to move that the First Schedule be further amended… The Temporary Chairman (Hon. David Ochieng’) : No, you are amending and not further amending. Thank you, Hon. Temporary Chairman. I beg to move that the First Schedule by Hon. Nabii be amended to include Kisii...

Hon. Temporary Chairman, I beg to move: THAT, the Second Schedule be amended by deleting paragraph (1) . The reason is that the Second Schedule is already provided for in Clause 8 of the Bill. (Question of the amendment proposed) (Question, that the words to be left out be left...

Hon. Temporary Chairman, we have defined mill gate as a site designed as such by the board where sugar crops are received, weighed and tested. We have changed that definition. It has been amended as it was in the Committee’s amendments. The Temporary Chairman (Hon. David Ochieng’) : Just a...

Hon. Temporary Chairman, we have the definition of a sugar by-product. A by-product includes ethanol, bagasse, and other things. They are already covered. The Temporary Chairman (Hon. David Ochieng’) : Where is that definition so that I direct the Member to it? Let me show you. It is on the...

Thank you, Hon. Temporary Speaker. Clause 6 (1) has paragraphs (a) and (b) . Paragraph (a) has to do with the appointment of the chairperson of the board. We recommit it to indicate that there shall be a non-executive chairperson, appointed by the President, who holds, at least, a degree...

Hon. Temporary Speaker, with respect to Clause 6, the import of the amendment is to increase representation of sugar millers, taking into consideration the representation of private and public companies on the board. Further, it also aligns the appointment of the chairperson in line with the Mwongozo Code. On the...

I propose that Clause 6 be amended as per the recommittal provision. Is there anything like that? The Temporary Chairman (Hon. David Ochieng’) : As per the Order Paper, Hon. Member. Hon. Temporary Chairman, I beg to move: THAT, Clause 6 (1) of the Bill be amended- The reason is...

Thank you very much, Hon. Temporary Chairman. This is a State corporation and not a farmers' organisation. It is a Semi- Autonomous Government Agency (SAGA) . (Hon. (Dr) James Nyikal spoke off the record) Let me finish, Hon. Nyikal. You were given a chance to contribute. If you look at...

Hon. Temporary Chairman, I beg to move: THAT, Clause 14 of the Bill be amended by deleting sub clause (1) and substituting therefor the following new sub clause (1) ― “(1) There shall be a Chief Executive Officer of the Board who shall be appointed through a competitive process by...

Thank you, Hon. Temporary Chairman. I beg to move: THAT, Clause 34 of the Bill be amended— Hon. Temporary Chairman, I beg to move: THAT, Clause 34 of the Bill be amended— Further, the 15 per cent that shall go to infrastructural development and maintenance shall be managed by KeRRA...

Hon. Chairman, we went around and engaged the farmers, factory owners and other stakeholders. The efficiency of the factories determines the yield of the sugar from the cane. Inefficient factories lead to losses for the farmers. So, if the factories are inefficient because of lack of maintenance funds, then the...

On a point of order, Hon. Temporary Speaker.

Yes, Hon. Temporary Speaker. Hon. Kiarie has said that the Board is likely to manage the fund. I would like to create comfort for all the Members of this House that the Sugar Board will not manage any funds. There shall be the Commodities Fund, where the funds will be...

Thank you, Hon. Temporary Speaker, for the opportunity. I was getting worried because it appears like we are just about to adjourn. Let me say a few things. I want to underscore the importance of the sector. The bodaboda industry is important. Bodaboda riders are the real hustlers in this...