Order Paper For Wednesday, 17th April 2024 - Afternoon Sitting

Thirteenth Parliament

Third Session

Afternoon Sitting

(No. 30)

(423)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (THIRD SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, APRIL 17, 2024 AT 2.30 P.M.

ORDER OF BUSINESS

PRAYERS

1. Administration of Oath 2. Communication from the Chair 3. Messages 4. Petitions 5. Papers 6. Notices of Motion 7. Questions and Statements

1. 8*. SPECIAL MOTION –

CONSIDERATION OF NOMINEES FOR

APPOINTMENT TO VARIOUS DIPLOMATIC

OFFICES

(The Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations)

THAT, taking into consideration the findings of the Departmental Committee on Defence, Intelligence and Foreign Relations in its Report on the Vetting of the Nominees for Appointment as High Commissioners, Ambassadors, Permanent Representatives and Consuls-General, laid on the Table of the House on Tuesday, 16th April 2024, and pursuant to the provisions of Article 132(2)(e) of the Constitution, section 20(2) of the Foreign Service Act, 2021 and sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, 2011, this House – (i) approves the appointment of the following persons as: (a) High Commissioners S/ No. Name Mission 1) Ms. Catherine Kirumba Karemu London, United Kingdom 2) Hon. Joash Arthur Maangi Kampala, Uganda 3) Hon. Lilian Tomitom Lusaka, Zambia 4) Ms. Caroline Kamende Daudi Ottawa, Canada 5) Lt. Gen. Peter Mbogo Njiru Islamabad, Pakistan

...…....../8*(Cont’d)

(No. 30)

WEDNESDAY, APRIL 17, 2024

(424)

(b) Ambassadors S/ No. Name Mission 1) Hon. Fredrick Otieno Outa Cairo, Egypt 2) Prof. Anne Kisaka Nangulu Dakar, Senegal 3) Mr. Timothy Kaluma Mcharo Algiers, Algeria 4) Hon. Christopher Andrew Lang’at Abidjan, Côte d’Ivoire 5) Ms. Jessica Muthoni Gakinya Rabat, Morocco 6) Hon. Halima Yussuf Mucheke The Hague, Netherlands 7) Mr. David Kiplagat Kerich Washington DC, USA 8) Ms. Everlyne Mwenda Karisa Havana, Cuba 9) Dr. Peter Mutuku Mathuki Moscow, Russia 10) Amb. Moi Lemoshira Tokyo, Japan 11) Mr. Kenneth Milimo Nganga Abu Dhabi, UAE 12) Lt. General Jonah Mwangi Tehran, Iran 13) Mr. Abdi Aden Korio Muscat, Oman

(c) Permanent Representatives S/ No. Name Mission 1) Ms. Getrude N. Angote United Nations Environment Programme (UNEP) 2) Ms. Grace Atieno Okara United Nations HABITAT 3) Dr. Fancy Too Ambassador/Permanent Representative, Geneva 4) Mr. Ekitela Erastus Lokaale United Nations, New York

(d) Consuls-General

S/ No. Name Mission 1) Mr. Ezra Chiloba Los Angeles, USA 2) Mr. Aden Mohamud Mohamed Jeddah, Saudi Arabia 3) Mr. David Iboko Lokemer Dubai, UAE

(ii) rejects the appointment of Mr. Charles Githinji Keiru as Consul-General – Goma, Democtratic Republic of Congo; and

...…....../8*(Cont’d)

(No. 30)

WEDNESDAY, APRIL 17, 2024

(425)

(iii) resolves that henceforth, Consul-General should undergo vetting after nomination by the appointing authority as required by the Constitution and that the appointing authority recalls any Consul-General who is serving without requisite approval by the National Assembly to undergo the necessary approval processes.

1. 9*. THE NATIONAL LAND COMMISSION (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 43 OF 2023)

(The Hon. Owen Baya, M.P.)

Second Reading (Resumption of debate interrupted on Tuesday, April 16, 2024) (Balance of time – 3 hours 5 minutes)

1. 10*. THE

COUNTY

LICENSING

(UNIFORM

PROCEDURE)

BILL

(SENATE BILLS NO. 9 OF 2022)

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

Second Reading

1. 11*. MOTION–

RATIFICATION

OF

THE

AFRICAN

UNION

CONVENTION ON CROSS-BORDER COOPERATION

(The Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations) THAT, this House adopts the Report of the Departmental Committee on Defence, Intelligence and Foreign Relations on its Consideration of the African Union Convention on Cross Border Cooperation, laid on the Table of the House on Thursday, 14th March 2024, and pursuant to the provisions of section 8 (4) of the Treaty Making and Ratification Act, 2012, approves the Ratification of the African Union Convention on Cross-Border Cooperation (Niamey Convention).

1. 12*. THE LAND LAWS (AMENDMENT) (No. 2) BILL (NATIONAL

ASSEMBLY BILL NO. 76 OF 2023)

(The Leader of the Majority Party)

Second Reading

1. 13*. 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)

THAT, this House adopts the Report of the Decentralized Funds Accounts Committee on its consideration of the Reports of the Auditor-General on the Financial Statements for the National Government Constituencies Development Fund for nine Constituencies in Bungoma County for Financial Years 2013/2014, 2014/2015 and 2015/2016, laid on the Table of the House on Thursday, 7th March 2024. ...…....../14*

(No. 30)

WEDNESDAY, APRIL 17, 2024

(426)

1. 14*. 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) THAT, this House adopts the Second Report of the Public Investments Committee on Social Services, Administration and Agriculture on its consideration of the Reports of the Auditor-General on the Financial Statements of the Kenya Medical Training College for Financial Years 2017/2018 to 2020/2021; the Kenyatta University Teaching Referral and Research Hospital for Financial Years 2019/2020; the Kenya Medical Research Institute for Financial Years 2012/2013 and 2013/2014; the Kenya Medical Laboratory Technicians and Technologists Board for Financial Years 2014/2015 to 2020/2021; and the Kenya Medical Practitioners and Dentists Council for Financial Years 2017/2018 to 2020/2021, laid on the Table of the House on Thursday, 22nd February 2024.

1. 15*. THE

INDEPENDENT

ELECTORAL

AND

BOUNDARIES

COMMISSION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 10 OF 2024)

(The Leader of the Majority Party and the Leader of the Minority Party)

Second Reading

1. 16*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 67 OF 2023)

(The Leader of the Majority Party)

Second Reading

1. 17*. MOTION – PUBLIC PETITION ON FUNDS SPENT CONTRARY TO

THE

PROVISIONS

OF

ARTICLE

223

OF

THE

CONSTITUTION

(The Chairperson, Public Petitions Committee)

THAT, this House adopts the Report of the Public Petitions Committee on its consideration of Public Petition No. 4 of 2022 regarding Funds Spent by the National Government Contrary to the Provisions of Article 223 of the Constitution, laid on the Table of the House on Tuesday, 12th March 2024.

1. 18*. MOTION – ENHANCING

REPORTING

OF

PARLIAMENTARY

BUSINESS ON ONLINE PLATFORMS

(The Chairperson, Committee on Parliamentary Broadcasting and Library)

THAT, this House adopts the Report of the Select Committee on Parliamentary Broadcasting and Library on Enhancing Reporting of Parliamentary Business on Online Platforms, laid on the Table of the House on Wednesday, 4th October 2023. ...…....../19*

(No. 30)

WEDNESDAY, APRIL 17, 2024

(427)

1. 19*. MOTION – INSPECTION

VISIT

TO

SEMI-AUTONOMOUS

INSTITUTIONS OF THE EAST AFRICAN COMMUNITY

IN UGANDA

(The Chairperson, Committee on Regional Integration)

THAT, this House adopts the Report of the Committee on Regional Integration on its consideration of the Inspection Visit to the Semi-autonomous Institutions of the East African Community in Uganda, laid on the Table of the House on Wednesday, 29th November 2023.

1. 20*. MOTION – IMPLEMENTATION

STATUS

OF

REPORTS

ON

PETITIONS AND RESOLUTIONS PASSED BY THE

HOUSE

(The Chairperson, Committee on Implementation)

THAT, this House adopts the Report of the Select Committee on Implementation on its consideration of the First Report on Implementation Status of Reports on Petitions and Resolutions passed by the House, laid on the Table of the House on Thursday, 26th October 2023.

1. 21*. MOTION – ALLEGED UNFAIR TRADE PRACTICES BY FOREIGN

INVESTORS IN KENYA

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

THAT, this House adopts the Report of the Departmental Committee on Trade, Industry and Cooperatives on the Inquiry into Alleged Unfair Trade Practices by Foreign Investors in Kenya, laid on the Table of the House on Thursday, 7th March 2024.

*Denotes Orders of the Day*

...…....../Notices*

(No. 30)

WEDNESDAY, APRIL 17, 2024

(428)

N O T I C E S

NOT LATER THAN 3.00 P.M.

I.

QUESTION TIME IN PLENARY

PURSUANT to the provisions of Standing Order 42A(6B), the Speaker will today, not later than 3.00 p.m., invite the Cabinet Secretary for Health to respond to Questions as appearing in the Appendix.

LIMITATION OF DEBATE

The House resolved on Wednesday, February 14, 2024 as follows— Limitation of Debate on Motions

II.

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 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 Other Committee Reports

IV.

THAT, each speech in a debate on Other Committee Reports, 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,

(No. 30)

WEDNESDAY, APRIL 17, 2024

(429)

including the Leader of the Majority Party and the Leader of the Minority Party and the Chairperson of the relevant Committee (if the Committee Report is not moved by the Chairperson of the relevant Committee), 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.

Limitation of Debate on Audit Committee Reports V. THAT, each speech in debate on Reports of Audit Committees be limited as follows: A maximum of sixty (60) minutes for the Mover in moving and thirty (30) minutes in replying, 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 (15) minutes each; and that priority be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

Limitation of Debate on Individual Members’ Bills

VI.

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.

…....../Notice Paper*

NOTICE PAPER

Tentative business for

Thursday, April 18, 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 Thursday, April 18, 2024 –

A. THE COUNTY LICENSING (UNIFORM PROCEDURE) BILL (SENATE

BILLS NO. 9 OF 2022)

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

Second Reading

(If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

B. MOTION–

RATIFICATION

OF

THE

AFRICAN

UNION

CONVENTION ON CROSS-BORDER COOPERATION

(The Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations) (If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

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

ASSEMBLY BILL NO. 76 OF 2023)

(The Leader of the Majority Party)

Second Reading (If not concluded on Wednesday, April 17, 2024 - Afternoon 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)

(If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

E. 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)

(If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

F. THE

INDEPENDENT

ELECTORAL

AND

BOUNDARIES

COMMISSION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 10 OF 2024)

(The Leader of the Majority Party and the Leader of the Minority Party)

Second Reading (If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

G. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 67 OF 2023)

(The Leader of the Majority Party)

Second Reading (If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

H. MOTION –

PUBLIC PETITION ON FUNDS SPENT CONTRARY TO

THE

PROVISIONS

OF

ARTICLE

223

OF

THE

CONSTITUTION

(The Chairperson, Public Petitions Committee) (If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

I. MOTION –

ENHANCING

REPORTING

OF

PARLIAMENTARY

BUSINESS ON ONLINE PLATFORMS

(The Chairperson, Committee on Parliamentary Broadcasting and Library) (If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

J. MOTION –

INSPECTION

VISIT

TO

SEMI-AUTONOMOUS

INSTITUTIONS OF THE EAST AFRICAN COMMUNITY

IN UGANDA

(The Chairperson, Committee on Regional Integration) (If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

K. MOTION –

IMPLEMENTATION

STATUS

OF

REPORTS

ON

PETITIONS AND RESOLUTIONS PASSED BY THE

HOUSE

(The Chairperson, Committee on Implementation)

(If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

L. MOTION –

ALLEGED UNFAIR TRADE PRACTICES BY FOREIGN

INVESTORS IN KENYA

(The Chairperson, Departmental Committee on Trade, Industry and Cooperatives) (If not concluded on Wednesday, April 17, 2024 - Afternoon Sitting)

..……../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 (6B), the Cabinet Secretary for Health will respond to questions in plenary on Wednesday (Afternoon), April 17, 2024 ––

QUE. NO

QUESTION BY PRIVATE NOTICE

QPN

009/2024 The Member for Westlands (Hon. Timothy Wanyonyi, MP) to ask the Cabinet Secretary for Health: - Could the Cabinet Secretary- (i) explain why the Ministry is yet to post medical interns who ought to have been posted in September 2023, noting that such delay denies the affected graduates the opportunity to put into practice the theoretical skills gained?

(ii) provide timelines to which the Collective Bargaining Agreement signed in 2017 between the Kenya Medical Practitioners, Pharmacists and Dentists Union and the Government will be fully implemented?

(iii) outline the steps being taken to resolve the recent dispute and end the strike to ensure uninterrupted healthcare delivery?

QUE. NO

ORDINARY QUESTIONS

020/2024 The Member for Ruiru (Hon. Simon King’ara, MP) to ask the Cabinet Secretary for Health: - Could the Cabinet Secretary- (i) clarify whether the Kenyatta University Teaching, Referral & Research Hospital (KUTRRH) imposes high deposits before attending to patients and that the NHIF Cover caters for very minimal amounts as compared to other facilities such as Kenyatta National and Kiambu Level 5 Hospitals?

(ii) provide details on the budgetary allocation provided to the Hospital in the financial year 2023/2024, and further confirm that the credit control department holds numerous title deeds for patients who are unable to meet the high medical bills and considerable number of bodies are locked at the Hospital’s mortuary?

(iii) elaborate on measures by the Ministry to ensure affordability including offering of waivers for healthcare services within the facility, especially given the diverse income levels of the population in Ruiru and neighbouring constituencies that the facility serves?

021/2024 The Member for Baringo Central (Hon. Joshua Kandie, MP) to ask the Cabinet Secretary for Health: - Could the Cabinet Secretary- (i) provide the list of all the Community Health Promoters in all the 290 Constituencies?

(ii) explain the methods used by the Ministry to select the said Community Health Promoters across the country?

(iii) explain why drivers are not considered and counted as prone to risk while handling the emergency cases? 086/2024 The Member for Nyeri Town (Hon. Duncan Mathenge, MP) to ask the Cabinet Secretary for Health: - Could the Cabinet Secretary- (i) explain factors used to determine how much a non-salaried Kenyan citizen ought to pay to the Social Health Insurance Fund and how regularly they should pay per year?

(ii) state the percentage of the salary that employed Kenyans should be deducted from their pay slip towards the Social Health Insurance Fund and further clarify if there is an upper limit on the contributions?

087/2024 The Member for Nairobi County (Hon. Esther Passaris, MP) to ask the Cabinet Secretary for Health: - Could the Cabinet Secretary- (i) explain measures taken by the government to equip hospitals to test and treat Helicobacter Pylori?

(ii) provide statistics detailing the number of persons tested and treated for Helicobacter pylori in public Hospitals? 088/2024 The Member for Nairobi County (Hon. Esther Passaris, MP) to ask the Cabinet Secretary for Health: - Could the Cabinet Secretary- (i) explain measures taken by the Government to provide surgical operations and medication for patients suffering from fistula but cannot access medical cover?

(ii) state whether the Social Health Insurance Fund (SHIF) will cover surgical procedures and treatment for patients suffering from fistula?

QPN

010/2024 The Member for Githunguri (Hon. Gathoni Wamuchomba, MP) to ask the Cabinet Secretary for Health: -

Could the Cabinet Secretary – (i) clarify whether the National Health Insurance Fund (NHIF) has ceased remitting funds to private hospitals for provision of free maternity services, and if so, what steps are being taken to ensure continued access to these services by pregnant women, particularly from low-income backgrounds?

(ii) explain the measures taken to ensure the continued operation and access to free maternity services under the Linda Mama Initiative, particularly in light of the Social Health Insurance Fund (SHIF) yet to be fully implemented?

(iii) provide details on how the Social Health Insurance Fund will facilitate comprehensive access to reproductive healthcare for women?