Supplementary Order Paper For Wednesday, 6th December 2023- Afternoon Sitting.pdf

Thirteenth Parliament

Second Session

Afternoon Sitting

(No. 121)

(2278)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

SUPPLEMENTARY

WEDNESDAY, DECEMBER 6, 2023 AT 2.30 P.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*. MOTION –

REPORT OF THE COMMITTEE OF THE WHOLE

HOUSE

ON

THE

GAMBLING

CONTROL

BILL

(NATIONAL ASSEMBLY BILL NO. 70 OF 2023)

(The Leader of the Majority Party)

THAT, this House do agree with the Report of the Committee of the Whole House on its consideration of the Gambling Control Bill (National Assembly Bill No. 70 of 2023).

(Question to be put and Third Reading)

1. 9*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) (No.2)

BILL (NATIONAL ASSEMBLY BILL NO. 68 OF 2023)

(The Leader of the Majority Party)

Second Reading (Resumption of debate interrupted on Wednesday, December 6, 2023 – Morning Sitting)

1. 10*. MOTION – THE

PROCEEDS

OF

CRIME

AND

ANTI-MONEY

LAUNDERING (CRIMINAL ASSETS RECOVERY FUND)

REGULATIONS, 2023

(The Chairperson, Committee on Delegated Legislation)

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Proceeds of Crime and Anti-Money Laundering (Criminal Assets Recovery Fund) Regulations, 2023, laid on the Table of the …...….……/10*(Cont’d)

(No. 121)

WEDNESDAY, DECEMBER 6, 2023 (2279)

House on Tuesday, 5th December 2023,) and pursuant to the provisions of section 113 (2) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, approves the Proceeds of Crime and Anti-Money Laundering (Criminal Assets Recovery Fund) Regulations 2023 published as Legal Notice No. 151 of 2023.

1. 11*. MOTION – THE

PREVENTION

OF

TERRORISM

(IMPLEMENTATION

OF

THE

UNITED

NATIONS

SECURITY COUNCIL RESOLUTIONS ON SUPPRESSION

OF TERRORISM) REGULATION, 2023

(The Chairperson, Committee on Delegated Legislation)

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2023, laid on the Table of the House on Tuesday, 5th December 2023, and pursuant to the provisions of section 36A(2) of the Prevention of Terrorism Act, 2012, approves the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on Suppression of Terrorism) Regulations, 2023 published as Legal Notice No. 152 of 2023.

1. 12*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 67 OF 2023)

(The Leader of the Majority Party)

Second Reading

1. 13*. THE NATIONAL GOVERNMENT COORDINATION (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 25 OF 2023)

(The Hon. Malulu Injendi, M.P.)

Second Reading

(Resumption of debate interrupted on Wednesday, November 22, 2023 – Afternoon Sitting) (Balance of time – 2 hours 44 minutes)

1. 14*. THE

PUBLIC

SERVICE

COMMISSION

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 6 OF 2023)

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

Second Reading

1. 15*. THE

ANTI-CORRUPTION

AND

ECONOMIC

CRIMES

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 30 OF 2023)

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

Second Reading

…...….……/16*

(No. 121)

WEDNESDAY, DECEMBER 6, 2023 (2280)

1. 16*. MOTION – REPORTS OF THE AUDITOR-GENERAL ON TWENTY-

THREE NON-COMPLIANT STATE CORPORATIONS

(The Chairperson, Public Investments Committee on Social

Services, Administration and Agriculture)

THAT, this House adopts the Report of the Public Investments Committee on Social Services, Administration and Agriculture on its consideration of the Report of the Auditor-General on twenty-three Non-Compliant State Corporations, laid on the Table of the House on Wednesday, 23rd August 2023.

1. 17*. MOTION – PROCEEDINGS

OF

THE

SECOND

ORDINARY

SESSION OF THE SIXTH PAN-AFRICAN PARLIAMENT

(PAP)

(Member of the Pan-African Parliament)

THAT, this House notes the Report of the Record of Proceedings of the Second Ordinary Session of the Sixth Pan-African Parliament (PAP) held in Midrand, South Africa, from 15th May to 2nd June 2023, laid on the Table of the House on Thursday, 24th August 2023.

1. 18*. MOTION – PROCEEDINGS OF THE 2023 UNITED NATIONS HIGH

LEVEL

POLITICAL

FORUM

ON

SUSTAINABLE

DEVELOPMENT

(The Vice Chairperson, Parliamentary Caucus on Sustainable Development Goals (SDGs) and Business)

THAT, this House notes the Report of the Parliamentary Caucus on Sustainable Development Goals (SDGs) and Business on the Proceedings of the 2023 United Nations High Level Political Forum on Sustainable Development (HLPF 2023) held in New York, United States of America (USA) from 10th to 21st July 2023, laid on the Table of the House on Thursday, 24th August 2023.

1. 19*. 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.

1. 20*. THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2023)

(The Leader of the Majority Party)

Second Reading …...….……/21*

(No. 121)

WEDNESDAY, DECEMBER 6, 2023 (2281)

1. 21*. THE VOCATIONAL TRAINING BILL (SENATE BILL NO. 3 OF 2022)

(The Chairperson, Departmental Committee on Education)

Second Reading

1. 22*. THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILL

NO. 5 OF 2023)

(The Hon. Mary Emaase, M.P. – Co-Sponsor)

Second Reading

*Denotes Orders of the Day*

...…....../Notices*

(No. 121)

WEDNESDAY, DECEMBER 6, 2023 (2282)

N O T I C E S

I. STATEMENTS

ON

THE

LEGISLATIVE

PROPOSALS TO AMEND THE CONSTITUTION

UNDER STANDING ORDER 114(7A)

(The Hon.Maj. (Rtd) Bashir Sheikh Abdullahi, M.P. and the Hon. Alice Ng’ang’a, M.P.)

(Not later than 3.00 P.M.)

PURSUANT to the provisions of Standing Order 114(7A), it is notified that, today, Wednesday, 6th December, 2023, the Speaker will accord an opportunity to the Member for Mandera North (The Hon. Maj. (Rtd) Bashir Sheikh Abdullahi, MP) to make a Statement on the Legislative Proposal to amend Article 88 of the Constitution to provide that, in instances where the Independent Electoral and Boundaries Commission (IEBC) is not fully constituted, the Secretary to the IEBC shall discharge the duties and functions of the Commission with regards to the conduct of the by-elections. The Speaker will also accord an opportunity to the Member for Thika Town (The Hon. Alice Ng’ang’a, MP) to make a Statement on the Legislative Proposal to amend Article 89 of the Constitution to require the Independent Electoral and Boundaries Commission to ensure that the review of the constituency boundaries does not result in the loss of a constituency that existed prior to the promulgation of the Constitution.

THEREAFTER, the Speaker will appoint a time at a later date to allow Members to make general comments on the Legislative proposals.

NOT LATER THAN 3.30 P.M.

II. QUESTION TIME IN PLENARY

PURSUANT to the provisions of Standing Order 42A(6B), the Speaker will today, not later than 3.30 p.m., invite the Cabinet Secretary for Roads and Transport to respond to a Question as appearing in the Appendix.

...…....../Notices*(Cont’d)

(No. 121)

WEDNESDAY, DECEMBER 6, 2023 (2283)

LIMITATION OF DEBATE

The House resolved on Wednesday, February 15, 2023 as follows— Limitation of Debate on Motions

III.

THAT, each speech in a debate on any Motion, including a Special motion be limited in the following manner: 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 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, 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 Bills sponsored by Parties or Committees V. 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 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

(No. 121)

WEDNESDAY, DECEMBER 6, 2023 (2284)

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 Reports of Audit Committees

VII.

THAT, each speech in debate on Reports of Audit Committees shall 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.

..……. /Notice Paper I*

NOTICE PAPER I

Tentative business for

Thursday (Morning), December 7, 2023 (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 (Morning), December 7, 2023–

A. COMMITTEE OF WHOLE HOUSE

The Statute Law (Miscellaneous Amendments) (No. 2) Bill (National Assembly Bill No. 68 of 2023)

(The Leader of the Majority Party)

B. MOTION – REPORTS OF THE AUDITOR-GENERAL ON TWENTY-

THREE NON-COMPLIANT STATE CORPORATIONS

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

(If not concluded on Wednesday, December 6, 2023 – Afternoon Sitting)

C. MOTION – PROCEEDINGS OF THE SECOND ORDINARY SESSION

OF THE SIXTH PAN-AFRICAN PARLIAMENT (PAP)

(Member of the Pan-African Parliament)

(If not concluded on Wednesday, December 6, 2023 – Afternoon Sitting)

D. MOTION – PROCEEDINGS OF THE 2023 UNITED NATIONS HIGH

LEVEL

POLITICAL

FORUM

ON

SUSTAINABLE

DEVELOPMENT

(The Vice Chairperson, Parliamentary Caucus on Sustainable Development Goals (SDGs) and Business)

(If not concluded on Wednesday, December 6, 2023 – Afternoon Sitting)

E. MOTION – ENHANCING REPORTING OF PARLIAMENTARY

BUSINESS ON ONLINE PLATFORMS

(The Chairperson, Committee on Parliamentary Broadcasting and Library)

(If not concluded on Wednesday, December 6, 2023 – Afternoon Sitting)

F. THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2023)

(The Leader of the Majority Party)

Second Reading

(If not concluded on Wednesday, December 6, 2023 – Afternoon Sitting)

G. THE VOCATIONAL TRAINING BILL (SENATE BILL NO. 3 OF 2022)

(The Chairperson, Departmental Committee on Education)

Second Reading

(If not concluded on Wednesday, December 6, 2023 – Afternoon Sitting)

H. THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILL

NO. 5 OF 2023)

(The Hon. Mary Emaase, M.P. – Co-Sponsor)

Second Reading

(If not concluded on Wednesday, December 6, 2023 – Afternoon Sitting)

..……. /Notice Paper II*

NOTICE PAPER II

Tentative business for

Thursday (Afternoon), December 7, 2023 (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 (Afternoon), December 7, 2023–

A. COMMITTEE OF WHOLE HOUSE

The Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No. 67 of 2023)

(The Leader of the Majority Party)

B. MOTION – REPORTS OF THE AUDITOR-GENERAL ON TWENTY-

THREE NON-COMPLIANT STATE CORPORATIONS

(The Chairperson, Public Investments Committee on Social

Services, Administration and Agriculture)

(If not concluded on Thursday, December 7, 2023 – Morning Sitting)

C. MOTION – PROCEEDINGS OF THE SECOND ORDINARY SESSION

OF THE SIXTH PAN-AFRICAN PARLIAMENT (PAP)

(Member of the Pan-African Parliament) (If not concluded on Thursday, December 7, 2023 – Morning Sitting)

D. MOTION – PROCEEDINGS OF THE 2023 UNITED NATIONS HIGH

LEVEL

POLITICAL

FORUM

ON

SUSTAINABLE

DEVELOPMENT

(The Vice Chairperson, Parliamentary Caucus on Sustainable Development Goals (SDGs) and Business)

(If not concluded on Thursday, December 7, 2023 – Morning Sitting)

E. MOTION – ENHANCING REPORTING OF PARLIAMENTARY

BUSINESS ON ONLINE PLATFORMS

(The Chairperson, Committee on Parliamentary Broadcasting and Library)

(If not concluded on Thursday, December 7, 2023 – Morning Sitting)

F. THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2023)

(The Leader of the Majority Party)

Second Reading

(If not concluded on Thursday, December 7, 2023 – Morning Sitting)

G. THE VOCATIONAL TRAINING BILL (SENATE BILL NO. 3 OF 2022)

(The Chairperson, Departmental Committee on Education)

Second Reading

(If not concluded on Thursday, December 7, 2023 – Morning Sitting)

H. THE COTTON INDUSTRY DEVELOPMENT BILL (SENATE BILL

NO. 5 OF 2023)

(The Hon. Mary Emaase, M.P. – Co-Sponsor)

Second Reading

(If not concluded on Thursday, December 7, 2023 – Morning Sitting)

I. ADJOURNMENT OF THE HOUSE IN ACCORDANCE WITH THE

CALENDAR

.….……../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

80/2023 Release of the free day secondary education capitation deficit for the academic year 2019 and the financial years 2020/2021 to 2022/2023 by the National Treasury

To be reported by the Hon. Speaker on behalf of one Mr. Indimuli Kahi, OGW, the National Chairperson, Kenya Secondary Schools Heads Association (KeSSHA)

Public Petitions 82/2023 Degazettement of Boni- Lungi Forest in Lamu East Constituency

To be presented by the Hon. (Capt.) Ruweida Obo, MP (Lamu East) on behalf of residents of Lamu East Constituency

Public Petitions

.….……../Appendix*(Cont’d)

ORDER NO. 7 - QUESTIONS

It is notified that, pursuant to the provisions of Standing Order 42A (6B), the Cabinet Secretary for Roads and Transport will respond to a question in plenary on Wednesday (Afternoon), December 6, 2023 ––

QUE. NO

QUESTION BY PRIVATE NOTICE

QPN

019/2023 The Member for Kathiani (Hon. Robert Mbui, MP) to ask the Cabinet Secretary for Roads and Transport: - Could the Cabinet Secretary – (i) clarify on the criteria utilized for allocating funds to the improvement of roads and construction of drainage structures through the Road Maintenance Levy Fund and Development Vote, as outlined in the Tender Notice published by the Kenya Rural Roads Authority (KeRRA) on 29th September, 2023?

(ii) explain the reasons including the factors influencing the discrepancies in the allocation of funds in road improvement projects, specifically noting the omission of certain counties?

(iii) outline the immediate steps the Ministry is undertaking to ensure the equitable and fair allocation of funds for the improvement of roads and construction of drainage structures, considering the current weather circumstances experienced across the country, which are contributing to the deterioration of roads in various regions?

.….……../Appendix*(Cont’d)

ORDER NO. 7 - STATEMENTS

It is notified that, pursuant to the provisions of Standing Order 44(2)(c), the following Statement will be responded to–

No. Subject Chairperson/ Relevant Committee Member who made the request

1. Management of houses and treatment of tenants on estates in Mombasa County owned by the National Housing Corporation (NHC)

Hon. Johana Ng’eno Kipyegon, MP (Chairperson, Departmental Committee on Housing, Urban Planning & Public Works)

Hon. Omar Mwinyi,

MP

(Changamwe Constituency)