Wilberforce Ojiambo Oundo

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, I beg to move: THAT, Clause 32 of the Bill be amended in subclause (4) by deleting the expression “Chief Government Valuer” and substituting therefor the expression “National Land Commission”. Under Article 67 (2) (g) of the Constitution of Kenya, the...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, I want to inform the general public that leaving the clause as it is will mean that the only instances that rating will be excluded are as per those amendments as carried by the majority: freehold agricultural land. So, if in...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) In view of the loss of the amendment on Clause 25, there is no need of carrying Clause 30. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : That is clear. (Proposed amendment by Hon. (Dr) Ojiambo Oundo withdrawn) (Clause 30 agreed to) Clause 31...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) No. I have not dropped everything. Let me just give a guide. When we look at my amendment under Clause 2 on page 1355, there is what is labelled (a) , (b) and (c) . I have dropped all of the amendments on that...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady. I beg to move: THAT, clause 29 of the Bill be amended by —

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, I beg to move: THAT, Clause 3 of the Bill be amended in sub-clause (1) — Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, I beg to move: THAT, the Bill be amended by deleting Clause 5 and substituting therefore...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, I beg to move: THAT, Clause 23 of the Bill be amended by inserting the following new sub- clauses immediately after subclause (2) —

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, I beg to move: THAT, Clause 8 of the Bill be amended — Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, allow me to mention the issue of the community land. Looking at the Community Land Act, it creates three...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chair, just in the same vein as the Chair of the Committee has indicated, there are a few amendments I proposed. I want to drop most of them, save for two. The one in reference to property and the other under

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I beg to move: THAT, clause 12 of the Bill be amended — 5th October 2023 NATIONAL ASSEMBLY DEBATES 37 Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I beg to move: THAT, clause 14 of the Bill be amended...

Hon. (Dr) Oundo Ojiambo (Funyula, ODM) Hon. Temporary Chairlady, the valuation for rating is what we call central valuation and is a professional practice. So, my amendment to Clause 23 seeks to put very clear procedures and how it goes to the end; who sets the practice slots? How is...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) In view of the Committee’s amendment that has just been passed, my amendment to Clause 21 is no longer necessary. (Proposed amendment to Clause 21 by Hon. (Dr) Ojiambo Oundo withdrawn) (Clause 21 as amended agreed to) Clause 22 The Temporary Chairlady (Hon. (Dr)...

Hon (Dr) Ojiambo Oundo (Funyula, ODM) Give me one minute, Hon. Temporary Chairlady. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : I will give you one minute. Hon (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, I think Hon. Chepkonga has not read the Land Act. Sections 96 and 97...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, this is just a follow-up to the amendments I had made in Clause 25. In view that Clause 25 was not carried, there is no need to prosecute amendment on Clause 30 because it was a consequential amendment to Clause 25....

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, my amendment is largely addressed by the Committee’s amendments. So, I drop my amendments to Clause 25. (Proposed further amendment to Clause 25 by Hon. (Dr) Ojiambo Oundo withdrawn) (Clause 25 as amended agreed to) (Clause 26 agreed to) Clause 27...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Thank you. Indeed, we have concluded the Committee of the whole House. He needs to go on record. I will raise the matter at an appropriate time. Standing Orders say constitutional matters can be raised at any time before the conclusion of a Bill....

Hon (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairlady, I beg to move: THAT, Clause 19 of the Bill be amended by deleting paragraph (d) and substituting therefor the following new paragraph— No.6 of 2021 No.5 of 1996 ‘ (d) auction the rateable property at the market value in a...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Thank you, Hon. Temporary Speaker, for giving me this opportunity. I also thank my colleague, Hon. Gikaria, for bringing this Bill here. We should never discourage a colleague from presenting Private Member’s Bills because this is one of our roles under Article 95 of...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) I also wanted to follow up on the same NHIF issue. Does the NHIF cover matters related to treatment of infertility in both men and women?

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) On a point of order. The Temporary Speaker (Hon. Omboko Milemba) What is your point of order Hon. Oundo? Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Yes, we agree we have made rules and the rules must be respected at all costs and time, but...

Hon. (Dr.) Ojiambo Oundo (Funyula, ODM) On a point of order, Hon. Temporary Speaker. I request my colleague to look at the Memorandum of Objects and Reasons of the Bill in question. It shows all the principal Acts being amended. The moving notes by the Leader of the Majority Party...

Hon. (Dr.) Ojiambo Oundo (Funyula, ODM) Thank you, Hon. Temporary Speaker. I am one of the people who are always very uncomfortable with the Statute Law (Miscellaneous Amendments) Bill because that is where the devil finds its way and where they hide most of the things. For once, this Bill...

Hon. (Dr.) Ojiambo Oundo (Funyula, ODM) Thank you, Hon. Speaker. I have understood. We can re-look at this issue. As my colleagues have said, the problem may not lie in the Court of Appeal. It lies in sorting out investigation, application of the law, professionalism, and fidelity to the rule...

Hon. (Dr.) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Speaker, I do not know why the Member of Parliament for Tharaka has been involved. I mentioned Sir George. According to the records in Parliament, there is no Member of Parliament called Sir George. I may not respond now. (Laughter)

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Speaker, I have listened to the Statement by the Deputy Leader of the Majority Party and I just want to raise a point of concern. I drafted a Question and submitted it. Hon. Deputy Leader of the Majority Party, I hope you are...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Speaker, I have listened to the Statement by the Deputy Leader of the Majority Party and I just want to raise a point of concern. I drafted a Question and submitted it. Hon. Deputy Leader of the Majority Party, I hope you are...

Hon (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, we probably need to make further amendments because the principal administrator of this Act is the Authority. How do you receive and address complaints against yourself? You are a prosecutor, judge and investigator in one entity. That is why we raised...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I support the amendment as moved by the Committee Chairman and hopefully there could be a further amendment. It is far much better than the demon in the Bill. The word “may” will remain “may” and we hope there is nowhere...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I am just curious to know. This is because it is a requirement to get Government services; you must be a registered member of the Social Health Insurance Fund. How practical is it to implement because, for example, if you arrest...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman. It is a good precedent that we can move amendments as we move along. This is a good precedent, and I thank you for that ruling. However, the long-term import of these deletions is the return of the insurance cartels in...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) The advocates in the House and the Chair need to look at subclause 3. For those who have not seen nor heard, it says “all criminal and civil proceedings under this Act without prejudice to any other power in that behalf, be instituted by...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Thank you, Hon. Temporary Chairman. With the admission by the Chair of the Committee that some of the proposed amendments by the Committee had not been carried, we beg to ask the question: What is the power or authority of the Chair of the...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I would request the Committee to re-look at this matter a fresh from another angle. Many a times, Government bodies delay to pay because the disbursement from the National Treasury has delayed. How do we remedy such a situation? Can the...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I want to draw the attention of the Chairman of the Committee to the contradiction we have in these amendments. We have deleted the provision of investing extra funds, yet when you go to the amendments he has proposed under Clause...

Hon. (Dr) Wilberforce Oundo (Funyula, ODM) Hon. Temporary Chairman, I stand to oppose that amendment. It might be done in abundance of caution because of the history of losing public funds. However, the social health fund we are discussing here is based on the principle of insurance. Many contributors pay,...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Speaker, it is in order to look at past experiences and make amendments to the financing model and even change the law. The Bill with us here, the Social Health Insurance Bill, is probably merely an upgrade of the current NHIF Act....

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Thank you, Hon. Temporary Speaker. I thought I had lost my eyes. I was not seeing the microphone working. At the outset, let us make it very clear to the nation that medical attention is a very critical human right and we cannot afford...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Yes. I am a land economist. I have trained a majority of the land economists you see here. Because of my training, probably, I know a bit of law. Since I am also a Kenyan, the law affects me and so I know it....

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) My point of order, Hon. Deputy Speaker, is that what is being debated here is the Bill; not the Committee Report. We need to take time to educate these new Members on the process. It is the Bill and not the Committee Report.

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) On a point of order, Hon. Deputy Speaker.

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Speaker, it is in order to look at past experiences and make amendments to the financing model and even change the law. The Bill with us here, the Social Health Insurance Bill, is probably merely an upgrade of the current NHIF Act....

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Thank you, Hon. Temporary Speaker. I thought I had lost my eyes. I was not seeing the microphone working. At the outset, let us make it very clear to the nation that medical attention is a very critical human right and we cannot afford...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Yes. I am a land economist. I have trained a majority of the land economists you see here. Because of my training, probably, I know a bit of law. Since I am also a Kenyan, the law affects me and so I know it....

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) My point of order, Hon. Deputy Speaker, is that what is being debated here is the Bill; not the Committee Report. We need to take time to educate these new Members on the process. It is the Bill and not the Committee Report.

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) On a point of order, Hon. Deputy Speaker.

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I appreciate. That is okay. The Temporary Chairman (Hon. David Ochieng’) : Thank you. Clause 55 The Temporary Chairman (Hon. David Ochieng’) : Hon. Chairman.

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) On Part 3 of the Third Schedule, that particular provision which you are moving to the main body of the Bill, probably we need guidance. Do we, at this moment, move a further amendment to delete Part 3? 26th September 2023 NATIONAL ASSEMBLY DEBATES...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I beg to move that New Clause22A be now read a Second Time. The gist of this proposal or amendment is the concept of traceability that we should be able to trace the sugar from the factory to the end retailer....

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) If we are listening to the Chairperson, he is clearly saying that the Committee might have overlooked expansion of the definition, which is common. He is saying it is possible to make further amendments to paragraph (l) and include an expanded version of the...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I plead with my colleagues on the other side, especially Hon. DK. This is not a contest between Kenya Kwanza and Azimio Coalition. It is about the sugarcane farmers. Please, let us listen to each other. Do not shout at each...

Hon (Dr) Ojiambo Oundo (Funyula, ODM) It is just a basic principle of drafting that normally such clauses as Clause 4 says that the functions of the board or the authority will go further to break down and give it teeth. Standards is standard by either KEBs, but it is...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I want my colleagues from the sugarcane growing areas, especially in western and Nyanza to pay very particular attention to these amendments. They look good and workable on paper because they protect commercial interests... (Several Members spoke off the record) Coast...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I beg to move: THAT, Clause 2 of the Bill be amended by inserting the following new definition in proper alphabetical sequence— “retailer” means any person licensed to carry out retail business in Kenya and includes a supermarket, departmental store, retail...

Hon (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, whatever the Committee has proposed is more or less in order. It is just a matter of semantics. Generally, the cleaner way to look at it is to look at sugarcane and sugar producing crops. They refer to sugar crops, which...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I beg to move: THAT, clause 40 of the Bill be amended in sub clause 2 by deleting paragraph

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 29 and substituting therefor the following new clause. Appointment of Inspectors “29. (1) The Board shall appoint qualified sugar industry inspectors for purposes of undertaking its functions under this...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I am looking at Hon. DK (David Kiplagat) to see if he is carrying a paper, which is very dishonourable of him. Anyway, he is my friend. Hon. Temporary Chairman, I beg to move: THAT, Clause 24 of the Bill be...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) I totally support the Committee. We must make provisions for general penalties in any Bill in the event they are not expressly prescribed. I support the amendment. (Question, that the new clause be read a Second Time, put and agreed to) (Question, that the...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I want to urge Dr Nyikal on his delegated authority given to him by Hon. Shakeel to drop that amendment because we passed the Privatisation Bill the other day. I think it is a more comprehensive and substantive Act dealing with...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I beg to move: THAT, the heading of Part V of the Bill be amended by deleting the words “APPOINTMENT OF CROP INSPECTORS” and substituting therefor the words APPOINTMENT OF SUGAR INDUSTRY INSPECTORS.” 26th September 2023 NATIONAL ASSEMBLY DEBATES 74 Hon....

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) I just want to indulge the Chairperson in the spirit of the expanded definition of the term “sugarcane and sugar-producing crop”. Amendment b (ii) proposes the insertion of a new paragraph (k) which talks about: “the seizure by an inspector of books, documents and...

Hon. (Dr) Oundo Ojiambo (Funyula, ODM) Hon. Temporary Chairman, there is already a precedent in this country. Election petitions, constitutional petitions and petitions on presidential elections have very clear timelines. People can drag cases. As they drag them, the farmers suffer most. Hon. Chair and Committee Members, we plead with...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I beg to move: THAT, Clause 19 of the Bill be amended—

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, I see Hon. Nyikal is turning his head because he has been told to do this and that. It does not matter. You will go on record. Whatever happens, he will be on record. The Temporary Chairman (Hon. David Ochieng’) :...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Chair, it is good for you to indicate whether you are supporting the amendment or not. We will not beat you up.

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) We have already agreed on the text. I drop my amendment because it is already covered. The Temporary Chairman (Hon. David Ochieng’) : Thank you. (Proposed amendment by Hon. (Dr) Ojiambo Oundo on Clause 41 withdrawn) (Question, that the words to be left out...

Hon. (Dr) Ojiambo Oundo With tremendous respect to Dr .Mutunga because he is a scholar as I am, he is not being truthful to the House and the nation. We have changed the heading of the institute to establishment of the Kenya Sugar Research and Training Institute. The amendments they...

Hon. (Dr) Oundo Ojiambo (Funyula, ODM) Sugarcane farmers. The import is that once your register, you enter into a sugar supply or purchase agreement. You cannot break or breach it. If you do so, there are penalties. Does this, in any way, introduce zoning through the back door? From my...

Hon. (Dr) Ojiambo Oundo Hon. Temporary Chairman, allow me to drop my amendments to Clause 14. (Proposed amendment by Hon. (Dr) Ojiambo Oundo on Clause 14 dropped) The Temporary Chairman (Hon. David Ochieng’) : Thank you. (Clause 14 as amended agreed to) Clause 34 26th September 2023 NATIONAL ASSEMBLY DEBATES...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Temporary Chairman, given time in life and the life of this country, we must look progressively, entrench democracy and entrench the right of the people to make decisions for themselves. The farmers have been crying and I want to implore again with my...

Hon. (Dr) Ojiambo Oundo Thank you, Hon. Temporary Chairman, allow me to check. I thought it was passed. I beg to move: THAT, Clause 6 of the Bill be amended by inserting the following new sub clause immediately after sub clause (3) — “ (4) A person shall not be...

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) I second, Hon. Temporary Speaker. (Question proposed) (Question put and agreed to) ADJOURNMENT

Hon. (Dr) Ojiambo Oundo (Funyula, ODM) Hon. Deputy Speaker, the Statement read by the Leader of the Majority Party evokes sad memories for those who live on the border between Uganda and Kenya. We are constrained by the Standing Orders and the law not to discuss the behaviour of a...