Wednesday 19th June 2024 Order Paper - Morning Sitting

Thirteenth Parliament

Third Session

Morning Sitting

(No. 50)

(1456)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, JUNE 19, 2024 AT 9.30 A.M.

ORDER OF BUSINESS

PRAYERS

1. Administration of Oath

1. 2. Communication from the Chair
2. 3. Messages
3. 4. Petitions
4. 5. Papers
5. 6. Notices of Motion
6. 7. Questions and Statements
7. 8*. PROCEDURAL MOTION –

EXEMPTION OF SPECIFIED BUSINESS

FROM STANDING ORDER 40(3)

(The Leader of the Majority Party)

THAT, this House resolves to exempt the business appearing as Order No. 12, in today’s Order Paper from the provisions of Standing Order 40(3), being a Wednesday Morning, a day allocated for Business not sponsored by the Majority or Minority Party or Business sponsored by a committee.

1. 9*. THE CARE AND PROTECTION OF CHILD PARENTS BILL (SENATE

BILL NO. 29 OF 2023)

(The Hon. Beatrice Kemei, M.P. – Co-sponsor)

Second Reading (Question to be put)

1. 10*. THE KENYA ROADS (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 31 OF 2024)

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

First Reading ….……/11*

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1. 11*. THE PUBLIC SERVICE INTERNSHIP BILL (NATIONAL ASSEMBLY

BILL NO. 63 OF 2022)

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

Second Reading (Resumption of debate interrupted on Wednesday, June 12, 2024 – Morning Sitting) (Balance of time – 33 minutes)

1. 12*. THE FINANCE BILL (NATIONAL ASSEMBLY BILL NO. 30 OF 2024)

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

Second Reading

1. 13*. MOTION: 019/2023 –

POLICY FOR THE PROVISION OF MENTAL

HEALTH SERVICES IN ALL HEALTHCARE

FACILITIES

(The Hon. Mishi Mboko, M.P.) THAT, aware that Article 43(1)(a) of the Constitution provides that every person has the right to the highest attainable standard of health including the right to health care services; further aware that mental health is a key determinant of overall health and socio-economic development; recognizing that the Constitution assigns to the national government the responsibility of matters of health policy; concerned that according to the World Health Organization (WHO), mental and neurological disorders are common and about ten (10) percent of the global population suffer from at least one mental health disorder at any given time; concerned that psychiatric units are only available in a few facilities in the country and patients requiring psychiatric services have limited or no access to these facilities; acknowledging that, access to healthcare facilities would lead to improved overall health, increased economic productivity, social equity and improved quality of life for all; now therefore, this House urges the national government, through the Ministry of Health to collaborate with county governments to develop a policy integrating mental healthcare services in all healthcare facilities in the country.

1. 14*. MOTION: 028/2023 –

ESTABLISHMENT OF A SCIENCE MUSEUM

(The Hon. John Kiarie, M.P.) THAT, aware that, Article 11(2)(b) of the Constitution provides that the government shall recognize the role of science and indigenous technologies in the development of the nation; further aware that the Vision 2030 provides for the integration of information, communication and technology in the country’s transformative agenda; concerned that, there exists no science museum for consolidating indigenous scientific and technological innovations, training and research purposes in the East Africa Region; appreciating that, integration of science and technology would greatly enhance Kenya’s economic and societal success; noting that there is potential for growth in the technology sector by establishing a science museum; further noting that, the informal science education plays a key role in the progression of Science, Technology, Engineering and Mathematics (STEM); acknowledging that science museums operate as the nexus between science ….……/14*(Cont’d)

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practitioners, policy-makers and the public; cognizant of the fact that, a science museum in the country would greatly impact on the economy of the country in the quest to become an industrialized nation; now therefore, this House resolves that, the national Government through the relevant Ministries establishes and operationalizes a science museum in the country.

1. 15*. MOTION: 033/2023 –

SUPPORTING AND PROMOTING LOCAL

FERTILIZER

MANUFACTURING

INDUSTRIES

(The Hon. Samuel Atandi, M.P.) THAT, aware that, the Fertilizer and Animal Foodstuff Act, 2015 provides for the regulation of fertilizer importation in the country; further aware that, the Fertilizer and Animal Foodstuffs Board regulates the fertilizer and animal foodstuffs industry including the manufacture and production of fertilizers; noting that, the country currently relies heavily on imported fertilizer due to inadequate local production capacity; further noting that, the low local production leads to high costs for farmers, reducing their profits and results in an unhealthy reliance on imported fertilizer; concerned that, this scenario threatens the country’s food security in case of supply disruptions and discourages local production; recognizing that local fertilizer production could lead to improved fertilizer quality, increased crop yields and a reduction in environmental harm caused by the use of substandard fertilizers; recalling that the country has the potential to produce fertilizer that could meet the country’s domestic demand and also supply the regional market; further recognizing that there is need for the government to work with local producers to develop high quality fertilizer tailored to the needs of Kenyan farmers and crops; now therefore this House resolves that the National Government through the Ministry of Agriculture and Livestock Development, supports and promotes local fertilizer manufacturing industries by investing in research and development to bolster the domestic fertilizer manufacturing sector.

1. 16*. MOTION: 035/2023 –

GOVERNMENT-TO-GOVERNMENT

(G2G)

MODEL

TO

ACQUIRE

AND

SUPPLY

FERTILIZERS

TO

FARMERS

AT

SUBSIDIZED COST

(The Hon. Geoffrey Ruku, M.P.) THAT, aware that, Kenya is an agricultural-based economy with a significant portion of its population relying on farming for their livelihood; noting that, the quality and quantity of crop yields in Kenya has been hampered to a large extent by lack of adequate and quality fertilizers leading to decreased agricultural productivity and economic losses; further noting that, the government has committed to improving agricultural productivity through various initiatives including provision of subsidized fertilizers; concerned that the cost, quantity and quality of fertilizers and subsequently the cost of production of food crops and cash crops including coffee, tea and Miraa has increased due to a number of factors, among them high cost of fertilizers due to markup by private suppliers of fertilizers; further concerned that threat to food security is a threat to national security; ….……/16*(Cont’d)

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recognizing that the Government-to-Government model has been noted to lower cost of products; further recognizing that, there are countries willing to enter into a G2G agreement; appreciating that G2G has been proven to be effective in provision of services that have a direct impact on citizens’ livelihood including the cost of living such as the supply of fertilizers, particularly in countries with similar agricultural conditions as Kenya; this House, therefore resolves that, the government, through the Ministry of Agriculture and Livestock Development and its agencies adopts- (i) the Government-to-Government (G2G) model in the acquisition and supply of fertilizers by identifying potential partner countries that have surplus and quality fertilizers; and (ii) a comprehensive programme for Government-to-Government (G2G) acquisition and distribution of fertilizers through, among others, Kenya Farmers Association (KFA), Kenya Tea Development Agency (KTDA), Coffee Board of Kenya, Kenya Planters Cooperative Union (KPCU), Kenya Grain Growers Cooperative Union, Pyrethrum Board of Kenya for increased agricultural productivity.

1. 17*. MOTION: 040/2023 –

ESTABLISHMENT OF A NATIONAL POLICY

TO

COMBAT

DISRESPECTFUL

CHILDBIRTH PRACTICES IN KENYA

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

THAT, aware that, Article 43(1)(a) of the Constitution provides for the right of every person to access the highest attainable standard of health; further aware that, poor quality of health services especially maternal care has been a recurring concern among women in the country; noting that, there is increased pre- and post- partum mistreatment and dehumanized care of women by healthcare providers, also known as obstetric violence (OBV); further noting that, obstetric violence includes, but is not limited to, disrespectful and abusive behaviour, physical and verbal abuse, neglect, forced medical procedures, humiliation and assault in healthcare settings; concerned that, sustained class-based disparities shape different maternal and infant health outcomes with women of low socio-economic status experiencing greater levels of obstetric violence; further concerned that, this not only affects women’s physical and mental health, but also impacts on the overall health outcomes of mothers and their newborns, significantly contributing to high maternal mortality rates; cognizant of the fact that, there exists no national policy or framework to address and prevent obstetric violence; now therefore, this House resolves that, the National Government, through the Ministry of Health, develops a policy on prevention of obstetric violence in healthcare facilities in the country and provides a framework for regular monitoring and reporting of cases to curb incidences of pre- and post-partum mistreatment of women seeking health services.

….……/18*

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1. 18*. MOTION: 045/2023 –

REVIEW OF THE ELIGIBILITY AGE FOR

ENROLMENT OF OLDER MEMBERS OF

SOCIETY TO THE INUA JAMII CASH

TRANSFER PROGRAMME

(The Hon. Majimbo Kalasinga, M.P.)

THAT, aware that Article 57 of the Constitution provides that the State shall take measures to secure the rights of older persons to live in dignity and to receive reasonable care and assistance from the State; noting that to actualize the provisions of Article 57 of the Constitution, the Government rolled out the Inua Jamii Cash Transfer Programme in 2015 to provide regular and predictable cash transfers to older persons aged seventy (70) years and above and who are not in receipt of a civil service pension; appreciating the success that the programme has recorded in alleviating poverty and suffering among older members of the society since its inception; noting that the government intends to progressively net more vulnerable and under-privileged members of the society with a view to reaching 2.5 million beneficiaries in the next three (3) years; concerned that, with respect to eligibility to

the programme for older members of society, the guidelines requires them to have attained the age of seventy years; noting that, Article 260 of the Constitution defines an “older member of society” as one who has attained the age of sixty (60) years; concerned that capping the eligibility for enrolment to the Inua Jamiii Programme at the age of seventy years is discriminatory to the older members of society and negates the spirit of the Constitution entitling support to older members of the society; now therefore, this House urges the national Government, through the Ministry of Labour and Social Protection, to revise the age requirement for eligibility of elderly members to be enrolled to the Inua Jamiii Programme from seventy (70) years to sixty (60) years in line with the Constitution.

1. 19*. MOTION: 001/2024 –

FORMULATION OF A REWARD SCHEME

FOR

ACCOMPLISHMENTS

BY

SPORTS

PERSONS

IN

INTERNATIONAL

COMPETITIONS

(The Hon. Charles Ngusya, M.P.) THAT, aware that, sports play an integral role in promoting cultural heritage, national identity, national development, the well-being of the people and sustenance of livelihoods, particularly of the youth; appreciating that, Sessional Paper No. 3 of 2005 provides a framework for sports development and operationalization in the country; further appreciating that the Sector Plan For Sports, Culture and Arts – 2018 by the Ministry of Sports, Culture and Arts mainstreamed sports development in the Third Medium Term Plan (MTP III) for 2018-2022, under Kenya’s Vision 2030; recognizing that, the Vision 2030 aims at capitalizing on the country’s international reputation as a world-class sports powerhouse whose sportsmen and women have won international accolades and recognition, especially for their prowess in athletics; concerned that, despite bringing honour and national pride to the country, most sports men and women face a myriad of challenges such as lack of psychosocial support and social protection, hence pushing many to alarming levels of mental health challenges during their careers and even after retirement; noting that ….……/19*(Cont’d)

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Sessional Paper No. 3 of 2005 contemplated motivation of sportspersons by the State through cash and material prizes, conferring State Honours, appointments as goodwill ambassadors and establishing contributory insurance and savings schemes among other forms of motivation; cognizant of the fact that, the prospect of receiving State recognition, financial grants, and other perks inspires sportsmen to push their limits in attaining their full potential as well as fostering a collective sense of pride in sporting achievements; now therefore, this House urges that the Government, through the Ministry of Youth Affairs, Creative Economy and Sports, develops a policy and standardized sports reward scheme for recognizing the achievements made by sports persons in internationally recognized competitions, through–

(i) financial rewards of Kshs. 6 million for setting new world records; Kshs. 4 million for Gold medalists; Kshs. 3 million for Silver medalists and Kshs. 2 million for Bronze medalists;

(ii) non-financial motivation, including facilitation with issuance of diplomatic passports for established sportsmen and women, appointment as goodwill ambassadors and conferring national honours and privileges; and,

(iii) establishing medical cover and a post-retirement social protection scheme, including establishing contributory insurance and savings schemes to support sports persons who retire from active sporting due to injuries or age.

1. 20*. MOTION: 002/2024 –

EXPANSION OF MAJOR ROADS IN THE

COUNTRY TO DUAL CARRIAGEWAYS

(The Hon. Faith Gitau, M.P.)

THAT, aware that the Kenya Roads Act, 2007 provides for the establishment of road authorities responsible for, among other functions, the management and development of roads under their respective purview and for developing and providing adequate transport infrastructure that guarantees safe and efficient movement of people, goods and services across the country and beyond; further aware that the First Schedule of the Kenya Roads Act provides for the classification of national trunk roads into Classes A, B and Class C; recognizing that the Fourth Schedule to the Constitution assigns to the national government the function of the construction and operation of national trunk roads; noting that a significant portion of highways in the national trunk road network are currently single carriageways; concerned that single carriageway roads pose multifaceted challenges including traffic congestion during peak periods which limits movement of people, goods and services across regions and increases vulnerability to road accidents; further concerned that the lack of footbridges and safe pedestrian crossing areas on these high-traffic roads has been a leading contributor to the surge in road accidents in the recent past; cognizant of the duty of the government to provide a reliable transport system for efficient traffic management, economic development and bolstering interconnectivity among all regions in the country and beyond; now therefore, this House resolves that the government, through the Ministry of Roads & Transport, undertakes an expansion programme of national trunk roads with a ….……/20*(Cont’d)

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view of upgrading all classes A, B and C roads in the country from two-way lanes to dual carriageway (one-way roads) with the necessary infrastructure that include footbridges, safe crossing zones at regular intervals, proper drainage systems, and other requisite infrastructure for their optimal operation.

1. 21*. HOJA: 003/2024 –

UUNDAJI WA SERA ZA KUSHUGHULIKIA

MATUKIO

YA

UBAGUZI

DHIDI

YA

WANAFUNZI

WA

DINI

MBALIMBALI

KATIKA TAASISI ZA ELIMU NCHINI

(Mhe. Mohamed Ali, M.P.) KWAMBA, tukifahamu kuwa, Ibara ya 27(5) ya Katiba inaeleza kwamba hakutakuwepo na ubaguzi wa moja kwa moja au kwa njia isiyokuwa ya moja kwa moja dhidi ya mtu yeyote kwa msingi wowote, ikiwemo misingi ya dini; tukitambua kwamba taasisi za elimu za kidini kote nchini zinatekeleza wajibu muhimu katika utoaji wa elimu kwa wanafunzi wa imani mbalimbali za kidini; tukiwa na shauku kuwa kumekuwepo na ripoti za wanafunzi wa dini tofauti katika taasisi fulani za kielimu za kidini kukabiliwa na desturi za ubaguzi wa kidini, ikiwemo kushurutishwa kuhudhuria ibada zisizolingana na dini zao; tukiwa na shauku zaidi kwamba pia kumekuwepo na matukio ya wanafunzi Waislamu kukatazwa kuvaa kulingana na mahitaji ya imani zao za kidini ambako kunawaathiri wanafunzi hawa kwa njia hasi, ikiwemo kukwazika katika kaida zao za kiimani, kuathirika kwa utendaji masomoni na mfadhaiko wakisaikolojia; tukitambua kuwa ni muhimu kuunda mazingira jumuishi ya elimu na yenye heshima ambapo wanafunzi wote wanaweza kufanikiwa bila hofu ya chuki; pia tukitambua kwamba shule haziruhusiwi kuunda au kutekeleza kanuni zinazokiuka uhuru wa kuabudu, kama ilivyobainishwa katika Katiba; tukitambua ukweli kwamba hakuna sera ya kitaifa au mfumo wa kushughulikia na kuzia ubaguzi wa dini dhidi ya wanafunzi wa dini mbali mbali katika taasisi za kielimu za Kidini; hivyo basi sasa, Bunge hili linaamua kwamba Serikali ya Kitaifa, kupitia kwa Wizara ya Elimu, iunde sera ambayo itaharamisha kwa njia bayana ubaguzi kwa msingi wa dini na kuhakikisha heshima kwa uanuwai wa dini kwa shule zote nchini na kutoa mfumo wa kufanya ukaguzi wa mara kwa mara na kuripoti matukio ili kushughulikia hali za ubaguzi na kuhakikisha ulinzi wa haki za wanafunzi.

1. 22*. THE MUNG BEANS BILL (SENATE BILL NO. 13 OF 2022)

(The Hon. Paul Nzengu, M.P. – Co-sponsor)

Second Reading

*Denotes Orders of the Day*

…....../Notices*

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N O T I C E S

LIMITATION OF DEBATE

The House resolved on Wednesday, February 14, 2024 as follows— Limitation of Debate on Motions I. THAT, each speech in a debate on any Motion, including a Special motion shall be limited as follows: 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 of the relevant Departmental Committee, in that order.

Limitation of Debate on Individual Members’ Bills

II.

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 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 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.

…....../Notice Paper*

NOTICE PAPER

Tentative business for

Wednesday (Afternoon), June 19, 2024 (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), June 19, 2024 –

A. THE KENYA ROADS BOARD (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 18 OF 2024)

(The Leader of the Majority Party)

First Reading

B. THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) (No. 2) BILL

(NATIONAL ASSEMBLY BILL NO. 26 OF 2024)

(The Leader of the Majority Party)

First Reading

C. THE FINANCE BILL (NATIONAL ASSEMBLY BILL NO. 30 OF 2024)

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

Second Reading

(If not concluded on Wednesday, June 19, 2024 – Morning Sitting)

D. MOTION – REPORTS OF THE AUDITOR-GENERAL ON THE

NATIONAL

GOVERNMENT

CONSTITUENCIES

DEVELOPMENT FUND FOR NINE CONSTITUENCIES

IN BUNGOMA COUNTY

(The Chairperson, Decentralized Funds Accounts Committee)

E. MOTION –

PUBLIC PETITION ON FUNDS SPENT CONTRARY TO

THE

PROVISIONS

OF

ARTICLE

223

OF

THE

CONSTITUTION

(The Chairperson, Public Petitions Committee)

F. MOTION –

REPORTS OF THE AUDITOR-GENERAL ON THE

FINANCIAL STATEMENTS OF SPECIFIED STATE

CORPORATIONS

(The Chairperson, Public Investments Committee on Social Services, Administration and Agriculture)

G. MOTION –

ENHANCING

REPORTING

OF

PARLIAMENTARY

BUSINESS ON ONLINE PLATFORMS

(The Chairperson, Committee on Parliamentary Broadcasting and Library)

H. MOTION –

INSPECTION

VISIT

TO

SEMI-AUTONOMOUS

INSTITUTIONS OF THE EAST AFRICAN COMMUNITY

IN UGANDA

(The Chairperson, Committee on Regional Integration)

I. MOTION –

IMPLEMENTATION

STATUS

OF

REPORTS

ON

PETITIONS AND RESOLUTIONS PASSED BY THE

HOUSE

(The Chairperson, Committee on Implementation)

J. MOTION –

ALLEGED UNFAIR TRADE PRACTICES BY FOREIGN

INVESTORS IN KENYA

(The Chairperson, Departmental Committee on Trade, Industry and Cooperatives)

K. MOTION –

SECOND REPORT ON EMPLOYMENT DIVERSITY

AUDIT IN PUBLIC INSTITUTIONS

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

L. THE LAND LAWS (AMENDMENT) (No. 2) BILL (NATIONAL

ASSEMBLY BILL NO. 76 OF 2023)

(The Leader of the Majority Party)

Second Reading

M. THE MUNG BEANS BILL (SENATE BILL NO. 13 OF 2022)

(The Hon. Paul Nzengu, M.P. – Co-sponsor)

Second Reading (If not concluded on Wednesday, June 19, 2024 – Morning Sitting)

..……../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 Petition will be presented –

No. Subject Petitioner(s) Relevant Committee

09/2024 Ownership dispute of land parcel L.R. No. 209-11970 – Dandora/Mowlem, Area, Kangundo Road, Nairobi in Embakasi West Constituency

To be presented by the Hon. Mark Mwenje, MP (Embakasi West) on behalf of Members of Amani Self- Help Group

Public Petitions

...……../Appendix* (Cont’d)

ORDER NO. 7 – STATEMENTS

It is notified that, pursuant to the provisions of Standing Order 44(2)(c), the following Statements will be requested—

No. Subject

Member Relevant Committee

1. Tragic incidents involving the Kenya Wildlife Services personnel in Marsabit County

Hon. Joseph Namuar,

MP

(Turkana Central)

Administration and Internal Security

2. Delay in the issuance of e- TIMS invoices by the Kenya Revenue Authority

Hon. Lillian Siyoi, MP (Trans Nzoia County)

Finance and National Planning

3. Unfair labour practices by Diamond Leisure Lodge Beach and Golf Resort

Hon. Fatuma Masito,

MP

(Kwale County)

Labour

4. Delayed remittance of pension to pensioners of the Kenya Broadcasting Corporation

Hon. Mary Emaase, MP (Teso South)

Social Protection