Thursday, 12th October 2023 Order Paper

Thirteenth Parliament

Second Session

(No. 91)

(1400)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

THURSDAY, OCTOBER 12, 2023 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*. PROCEDURAL MOTION – RESOLUTION TO HOLD A SITTING

ON TUESDAY MORNING

(The Leader of the Majority Party)

THAT, pursuant to the provisions of Standing Order 30(3)(b), this House resolves to hold a Morning Sitting on Tuesday, October 17, 2023 commencing at 10.00 am for purposes of considering priority business as may be approved by the House Business Committee.

1. 9*. MOTION –

REPORT OF THE COMMITTEE OF THE WHOLE

HOUSE ON THE STATUTE LAW (MISCELLANEOUS

AMENDMENTS) BILL (NATIONAL ASSEMBLY BILL

NO. 60 OF 2022)

(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 Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No. 60 of 2022).

(Question to be put and Third Reading)

...…....../10*

(No. 91)

THURSDAY, OCTOBER 12, 2023

(1401)

1. 10*. THE MINING (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 51 OF 2023)

(The Chairperson, Departmental Committee on Environment, Forestry and Mining)

First Reading

1. 11*. THE PUBLIC PARTICIPATION BILL (NATIONAL ASSEMBLY BILL

NO. 52 OF 2023)

(The Chairperson, Select Committee on Parliamentary Broadcasting and Library)

First Reading

1. 12*. MOTION – APPROVAL OF THE MEDIATED VERSION OF THE

PUBLIC

FINANCE

MANAGEMENT

(NATIONAL

ASSEMBLY BILL NO. 16 OF 2023)

(The Co-Chairperson, Mediation Committee on the Public Finance Management Bill 2023)

THAT, pursuant to the provisions of Article 113(2) of the Constitution and Standing Order 150(3), this House adopts the Report of the Mediation Committee on the Public Finance Management (Amendment) Bill (National Assembly Bill No. 16 of 2023), laid on the table of the House on Wednesday, 11th October 2023, and approves the Mediated version of the Public Finance Management (Amendment) Bill (National Assembly Bill No. 16 of 2023).

1. 13*. THE FACILITIES IMPROVEMENT FINANCING BILL (SENATE

BILL NO. 43 OF 2023)

(The Leader of the Majority Party)

Second Reading

1. 14*. THE PRIMARY HEALTH CARE BILL (SENATE BILL NO. 44 OF 2023)

(The Leader of the Majority Party)

Second Reading

1. 15*. MOTION – PETITION ON PROBABLE LOSS OF INVESTMENTS IN

CYTONN HIGH YIELDS SOLUTIONS PLATFORM

(The Chairperson, Public Petitions Committee)

THAT, this House adopts the Report of the Public Petitions Committee on its consideration of a Public Petition No. 07 of 2022 regarding Probable Loss of Investments in Cytonn High Yields Solutions Platform, laid on the Table of the House on Thursday, 4th May, 2023. (Resumption of debate interrupted on Tuesday, October 3, 2023) (Balance of time – 2 hours 18 minutes) ...…....../16*

(No. 91)

THURSDAY, OCTOBER 12, 2023

(1402)

1. 16*. THE

STATUTORY

INSTRUMENTS

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 2 OF 2023)

(The Chairperson, Select Committee on Delegated Legislation)

Second Reading

1. 17*. MOTION – REPORTS OF THE AUDITOR-GENERAL ON THE

FINANCIAL STATEMENTS FOR THE NATIONAL

GOVERNMENT CONSTITUENCIES DEVELOPMENT

FUND

FOR

TWELVE

CONSTITUENCIES

IN

KAKAMEGA 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 twelve constituencies in Kakamega County for Financial Years 2013/2014, 2014/2015 and 2015/2016, laid on the Table of the House on Thursday, 27th July 2023.

1. 18*. MOTION – THE

EAST

AFRICAN

COMMUNITY

(EAC)

MULTILATERAL

AGREEMENT

ON

AIRCRAFT

ACCIDENT AND INCIDENT INVESTIGATIONS

(The Chairperson, Departmental Committee on Transport and Infrastructure)

THAT, this House adopts the Report of the Departmental Committee on Transport and Infrastructure on its consideration of the East African Community (EAC) Multilateral Agreement on Aircrafts Accidents and Incident Investigations, laid on the Table of the House on Thursday, 17th August, 2023 and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the ratification of the East African Community (EAC) Multilateral Agreement on Aircraft Accident and Incident Investigations.

1. 19*. MOTION - THE 4TH GENERAL ASSEMBLY OF THE EASTERN

AFRICA PARLIAMENTARY ALLIANCE ON FOOD

SECURITY AND NUTRITION (EAPA-FSN) HELD IN

KIGALI, RWANDA

(The Chairperson, EAPA-FSN Caucus) THAT, this House notes the Report of the Kenya Delegation to the 4th General Assembly of the Eastern Africa Parliamentary Alliance on Food Security and Nutrition, held in Kigali, Rwanda from 7th to 9th December 2022, laid on the Table of the House on Tuesday, 11th April 2023.

...…....../20*

(No. 91)

THURSDAY, OCTOBER 12, 2023

(1403)

1. 20*. MOTION - INSPECTION OF VARIOUS ONE STOP BORDER

POSTS IN THE NORTHERN CORRIDOR IN THE EAST

AFRICAN COMMUNITY REGION

(The Chairperson, Select Committee on Regional Integration)

THAT, this House adopts the Report of the Select Committee on Regional Integration on its Inspection of Various One-Stop Border Posts in the Northern Corridor in the East African Community Region, laid on the Table of the House on Wednesday, 5th July 2023.

1. 21*. MOTION – EMPLOYMENT

DIVERSITY

AUDIT

IN

PUBLIC

INSTITUTIONS

(The Chairperson, Committee on National Cohesion and Equal Opportunity) THAT, this House adopts the First Report of the Committee on National Cohesion and Equal Opportunity on the Employment Diversity Audit in Public Institutions, laid on the Table of the House on Thursday, 6th July, 2023.

1. 22*. MOTION – LOANS

CONTRACTED

BY

THE

NATIONAL

GOVERNMENT BETWEEN MAY 2022 AND APRIL 2023

(The Chairperson, Public Debt and Privatization Committee)

THAT, this House adopts the Report of the Public Debt and Privatization Committee on its consideration of the loans contracted by the National Government between May 2022 and April 2023, laid on the Table of the House on Thursday, 28th September 2023.

1. 23*. MOTION – REPORTS

OF

THE

AUDITOR-GENERAL

ON

TWENTY-THREE

(23)

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 (23) Non-Compliant State Corporations, laid on the Table of the House on Wednesday, 23rd August 2023.

1. 24*. 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 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. ...…....../25*

(No. 91)

THURSDAY, OCTOBER 12, 2023

(1404)

1. 25*. MOTION – PROCEEDINGS OF THE 2023 UNITED NATIONS

HIGH LEVEL POLITICAL FORUM ON SUSTAINABLE

DEVELOPMENT

(Vice Chairperson, Parliamentary Caucus on Sustainable Development (SDGs) Goals and Business) THAT, this House notes the Report of a delegation 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. 26*. THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILL

NO. 12 OF 2023)

(The Leader of the Majority Party) Second Reading

1. 27*. THE INSURANCE (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 18 OF 2023)

(The Leader of the Majority Party) Second Reading

*Denotes Orders of the Day*

...…....../Notices*

(No. 91)

THURSDAY, OCTOBER 12, 2023

(1405)

N O T I C E S

I.

MOTION ON PETITION ON PROBABLE LOSS OF

INVESTMENTS

IN

CYTONN

HIGH

YIELDS

SOLUTIONS PLATFORM

Notice is given that the Member for Alego Usonga (Hon. Samuel Atandi, MP) intends to move the following amendment to the Report of the Public Petitions Committee on the petition regarding probable loss of investments in Cytonn High Yield Solutions Platform—

THAT, the Motion be amended by inserting the following words–– a) “subject to insertion of the following new recommendation (iv) after the expression “2023”

(iv) “The Directorate of Criminal Investigations undertakes thorough investigations on the matters listed hereunder within 90 days from the date of the adoption of the Report – a. affairs of Cytonn particularly on the matters raised in the Petition and proffer criminal prosecution against any person found culpable; b. the relationship between officials of Cytonn and the Capital Markets Authority between the period of 2015 and 2021; c. the business dealings of the 49 SPVs including their assets and liabilities if any; and d. the business dealings of Mr. Edwin Harold Dayan Dande including his assets and liabilities.”

b) Re-numbering paragraph (iv) appearing on page 32 of the Report as paragraph (v).

...…....../Notices*(Cont’d)

(No. 91)

THURSDAY, OCTOBER 12, 2023

(1406)

LIMITATION OF DEBATE

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

II.

THAT, each speech in a debate on any Motion, including a Special motion shall 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 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. 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 Reports of Audit Committees V. 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

(No. 91)

THURSDAY, OCTOBER 12, 2023

(1407)

(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

Tuesday (Morning), October 17, 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 Tuesday (Morning), October 17, 2023–

A. THE FACILITIES IMPROVEMENT FINANCING BILL (SENATE BILL

NO. 43 OF 2023)

(The Leader of the Majority Party)

Second Reading

(If not concluded on Thursday, October 12, 2023)

B. THE PRIMARY HEALTH CARE BILL (SENATE BILL NO. 44 OF 2023)

(The Leader of the Majority Party)

Second Reading

(If not concluded on Thursday, October 12, 2023)

C. COMMITTEE OF THE WHOLE HOUSE

(i) The Facilities Improvement Financing Bill (Senate Bill No. 43 of 2023) (The Leader of the Majority Party) (ii) The Primary Health Care Bill (Senate Bill No. 44 of 2023) (The Leader of the Majority Party)

(With Leave of the House)

D. MOTION – PETITION

ON

THE

PROBABLE

LOSS

OF

INVESTMENTS

IN

CYTONN

HIGH

YIELDS

SOLUTIONS PLATFORM

(The Chairperson, Public Petitions Committee)

(If not concluded on Thursday, October 12, 2023)

E. THE

STATUTORY

INSTRUMENTS

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 2 OF 2023)

(The Chairperson, Select Committee on Delegated Legislation)

Second Reading

(If not concluded on Thursday, October 12, 2023)

F. MOTION –

REPORTS OF THE AUDITOR-GENERAL ON THE

FINANCIAL STATEMENTS FOR THE NATIONAL

GOVERNMENT CONSTITUENCIES DEVELOPMENT

FUND

FOR

TWELVE

CONSTITUENCIES

IN

KAKAMEGA COUNTY

(The Chairperson, Decentralized Funds Accounts Committee) (If not concluded on Thursday, October 12, 2023)

G. MOTION – THE

EAST

AFRICAN

COMMUNITY

(EAC)

MULTILATERAL

AGREEMENT

ON

AIRCRAFT

ACCIDENT AND INCIDENT INVESTIGATIONS

(The Chairperson, Departmental Committee on Transport and Infrastructure)

(If not concluded on Thursday, October 12, 2023)

H. MOTION – THE 4TH GENERAL ASSEMBLY OF THE EASTERN

AFRICA PARLIAMENTARY ALLIANCE ON FOOD

SECURITY AND NUTRITION (EAPA-FSN) HELD IN

KIGALI, RWANDA

(The Chairperson, EAPA-FSN Caucus) (If not concluded on Thursday, October 12, 2023)

I. MOTION –

INSPECTION OF VARIOUS ONE-STOP BORDER

POSTS IN THE NORTHERN CORRIDOR IN THE EAST

AFRICAN COMMUNITY REGION

(The Chairperson, Select Committee on Regional Integration) (If not concluded on Thursday, October 12, 2023)

J. MOTION –

EMPLOYMENT

DIVERSITY

AUDIT

IN

PUBLIC

INSTITUTIONS

(The Chairperson, Committee on National Cohesion and Equal Opportunity) (If not concluded on Thursday, October 12, 2023)

K. MOTION –

LOANS

CONTRACTED

BY

THE

NATIONAL

GOVERNMENT BETWEEN MAY 2022 AND APRIL 2023

(The Chairperson, Public Debt and Privatization Committee)

(If not concluded on Thursday, October 12, 2023)

L. MOTION –

REPORTS

OF

THE

AUDITOR-GENERAL

ON

TWENTY-THREE

(23)

NON-COMPLIANT

STATE

CORPORATIONS

(The Chairperson, Public Investments Committee on Social

Services, Administration and Agriculture)

(If not concluded on Thursday, October 12, 2023)

M. 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, October 12, 2023)

N. MOTION –

PROCEEDINGS OF THE 2023 UNITED NATIONS

HIGH LEVEL POLITICAL FORUM ON SUSTAINABLE

DEVELOPMENT

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

(If not concluded on Thursday, October 12, 2023)

O. THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILL

NO. 12 OF 2023)

(The Leader of the Majority Party) Second Reading

P. THE INSURANCE (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 18 OF 2023)

(The Leader of the Majority Party) Second Reading

..……. /Notice Paper II*

NOTICE PAPER II

Tentative business for

Tuesday (Afternoon), October 17, 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 Tuesday (Afternoon), October 17, 2023–

A. COMMITTEE OF THE WHOLE HOUSE

(i) The Facilities Improvement Financing Bill (Senate Bill No. 43 of 2023) (The Leader of the Majority Party) (ii) The Primary Health Care Bill (Senate Bill No. 44 of 2023) (The Leader of the Majority Party)

(If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

B. MOTION – PETITION

ON

THE

PROBABLE

LOSS

OF

INVESTMENTS

IN

CYTONN

HIGH

YIELDS

SOLUTIONS PLATFORM

(The Chairperson, Public Petitions Committee)

(If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

C. THE

STATUTORY

INSTRUMENTS

(AMENDMENT)

BILL

(NATIONAL ASSEMBLY BILL NO. 2 OF 2023)

(The Chairperson, Select Committee on Delegated Legislation)

Second Reading

(If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

D. MOTION –

REPORTS OF THE AUDITOR-GENERAL ON THE

FINANCIAL STATEMENTS FOR THE NATIONAL

GOVERNMENT CONSTITUENCIES DEVELOPMENT

FUND

FOR

TWELVE

CONSTITUENCIES

IN

KAKAMEGA COUNTY

(The Chairperson, Decentralized Funds Accounts Committee) (If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

E. MOTION – THE

EAST

AFRICAN

COMMUNITY

(EAC)

MULTILATERAL

AGREEMENT

ON

AIRCRAFT

ACCIDENT AND INCIDENT INVESTIGATIONS

(The Chairperson, Departmental Committee on Transport and Infrastructure)

(If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

F. MOTION – THE 4TH GENERAL ASSEMBLY OF THE EASTERN

AFRICA PARLIAMENTARY ALLIANCE ON FOOD

SECURITY AND NUTRITION (EAPA-FSN) HELD IN

KIGALI, RWANDA

(The Chairperson, EAPA-FSN Caucus) (If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

G. MOTION –

INSPECTION OF VARIOUS ONE-STOP BORDER

POSTS IN THE NORTHERN CORRIDOR IN THE EAST

AFRICAN COMMUNITY REGION

(The Chairperson, Select Committee on Regional Integration) (If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

H. MOTION –

EMPLOYMENT

DIVERSITY

AUDIT

IN

PUBLIC

INSTITUTIONS

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

(If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

I. MOTION –

LOANS

CONTRACTED

BY

THE

NATIONAL

GOVERNMENT BETWEEN MAY 2022 AND APRIL 2023

(The Chairperson, Public Debt and Privatization Committee)

(If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

J. MOTION –

REPORTS

OF

THE

AUDITOR-GENERAL

ON

TWENTY-THREE

(23)

NON-COMPLIANT

STATE

CORPORATIONS

(The Chairperson, Public Investments Committee on Social

Services, Administration and Agriculture)

(If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

K. MOTION –

PROCEEDINGS

OF

THE

SECOND

ORDINARY

SESSION OF THE SIXTH PAN-AFRICAN PARLIAMENT

(PAP)

(Member of the Pan-African Parliament)

(If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

L. MOTION –

PROCEEDINGS OF THE 2023 UNITED NATIONS

HIGH LEVEL POLITICAL FORUM ON SUSTAINABLE

DEVELOPMENT

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

(If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

M. THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILL

NO. 12 OF 2023)

(The Leader of the Majority Party) Second Reading (If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

N. THE INSURANCE (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 18 OF 2023)

(The Leader of the Majority Party) Second Reading (If not concluded on Tuesday, October 17, 2023 – Morning Sitting)

.….……../Appendix*

A P P E N D I X

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO.7 - STATEMENTS

It is notified that, pursuant to the provisions of Standing Orders, the following Statements will be issued–

No. Subject Member 1. Proposed allocation of funds for infrastructure development in Junior Schools in the FY 2023/24 (Standing Order 44) Hon. Benjamin Gathiru,

M.P.

(Embakasi Central Constituency)

2. Tribute to the late Hon. Phillip Odupoy, Former Member for Kajiado North Constituency (Standing Order 259D)

Hon. Onesmus Ngogoyo,

M.P.

(Kajiado North Constituency)