Wednesday, 2nd August 2023 Order Paper -afternoon Sitting

Thirteenth Parliament

Second Session

Afternoon Sitting

(No. 65)

(838)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, AUGUST 2, 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*. MOTION – REPORT ON THE UNITED NATIONS CONVENTION

AGAINST CORRUPTION (UNCAC) AND GLOBAL

PARLIAMENTARIANS AGAINST CORRUPTION

(GOPAC) MEETING

(The Leader of the Delegation)

THAT, this House notes the Report of the Kenya Delegation to the Parliamentary Dialogue on United Nations Convention Against Corruption (UNCAC) and Global Parliamentarians Against Corruption (GOPAC) Annual General Meeting, held in Doha, Qatar from 8th to 9th March 2023, laid on the Table of the House on Wednesday, 26th April, 2023. (Question to be put)

1. 9*. MOTION REPORT ON A VISIT TO SEMI-AUTONOMOUS

INSTITUTIONS OF THE EAST AFRICAN COMMUNITY

(The Chairperson, Select Committee on Regional Integration)

THAT, this House adopts the Report of the Select Committee on Regional Integration on its visit to Semi-Autonomous Institutions of the East African Community in Arusha, Tanzania from 2nd to 8th April 2023, laid on the Table of the House on Tuesday, 6th June, 2023. (Question to be put) ...….……/10*

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1. 10*. MOTION - EXTENSION OF PERIOD OF CONSIDERATION OF

CERTAIN STATUTORY INSTRUMENTS

(The Chairperson, Committee on Delegated Legislation) THAT, pursuant to the provisions of section 15(3) of the Statutory Instruments Act, 2013 relating to extension of period of handling of a Statutory Instrument by the National Assembly, this House resolves to extend the period for consideration of the following Statutory Instruments by a period of twenty-one (21) sitting days— (i) The National Cereals and Produce Board (National Strategic Reserve) Regulations, 2023 (Legal Notice No. 25 of 2023) with effect from 1st August, 2023; (ii) The Universities Regulations, 2023 (Legal Notice No. 56 of 2023) with effect from 17th August, 2023; and, (iii) Access to Information (General) Regulations, 2023 (Legal Notice No. 57 of 2023) with effect from 17th August, 2023.

1. 11*. THE PENSIONS (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 44 OF 2022)

(The Hon. Didmus Barasa, M.P.) Second Reading

1. 12*. THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 59 OF 2022)

(The Hon. David Gikaria, M.P.)

Second Reading

1. 13*. MOTION – INQUIRY INTO THE MAIZE FLOUR SUBSIDY

PROGRAMME FOR THE FINANCIAL YEAR 2022/2023

(The Chairperson, Departmental Committee on Agriculture and

Livestock) THAT, this House adopts the Report of the Departmental Committee on Agriculture and Livestock on its inquiry into Maize flour subsidy Programme for the Financial Year 2022/23, laid on the Table of the House on Wednesday, 7th June, 2023.

...….……/14*

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1. 14*. MOTION – CONSIDERATION OF REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS FOR VARIOUS FUNDS

(The Chairperson, Special Funds Accounts Committee) THAT, this House adopts the Report of the Special Funds Accounts Committee on its consideration of the Report of the Auditor-General on the Financial Statements for the Women Enterprise Fund, Coffee Cherry Advance Revolving Fund, Strategic Food Reserve Trust Fund, Equalisation Fund, Mechanical and Transport Fund, National Research Fund, Youth Enterprise Development Fund, Uwezo Fund and Civil Servants Housing Scheme Fund, laid on the Table of the House on Thursday, 15th June 2023.

1. 15*. MOTION – CONSIDERATION OF THE REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS OF STATE CORPORATIONS

(REGULATORY AND GOVERNANCE AGENCIES)

(The Chairperson, Public Investments Committee on Governance

and Education) THAT, this House adopts the Report of the Public Investments Committee on Governance and Education on its consideration of the Report of the Auditor-General on the Financial Statements of State Corporations (Regulatory and Governance Agencies) for the financial year 2018/2019, 2019/2020 and 2020/2021, laid on the Table of the House on Tuesday, 20th June 2023.

1. 16*. THE FOOD AND FEED SAFETY CONTROL COORDINATION BILL

(NATIONAL ASSEMBLY BILL NO. 21 OF 2023)

(The Leader of the Majority Party) Second Reading

1. 17*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 60 OF 2022)

(The Leader of the Majority Party) Second Reading

1. 18*. THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILL

NO. 12 OF 2023)

(The Leader of the Majority Party) Second Reading

...….……/19*

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1. 19*. MOTION - REPORT OF THE KENYA DELEGATION TO THE 146TH

ASSEMBLY OF THE INTER-PARLIAMENTARY UNION

(IPU) AND RELATED MEETINGS HELD IN THE

KINGDOM OF BAHRAIN

(Member of the Delegation)

THAT, this House notes the Report of the Kenya Delegation to the 146th Assembly of the Inter-Parliamentary Union (IPU) and related Meetings, held in Manama, Kingdom of Bahrain from 11th to 15th March 2023 laid on the Table of the House on Wednesday, 14th June 2023.

1. 20*. THE SUGAR BILL (NATIONAL ASSEMBLY BILL NO. 34 OF 2022)

(The Hon. Emmanuel Wangwe, M.P.)

Second Reading

*Denotes Orders of the Day*

……....../Notices*

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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 Agriculture and Livestock Development and the Cabinet Secretary for Labour and Social Protection to respond to Questions as appearing in the Appendix.

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 Individual Members’ Bills III. 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.

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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 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, August 3, 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, August 3, 2023–

A. MOTION –

INQUIRY INTO THE MAIZE FLOUR SUBSIDY

PROGRAMME FOR THE FINANCIAL YEAR 2022/2023

(The Chairperson, Departmental Committee on Agriculture and

Livestock) (If not concluded on Wednesday, August 2, 2023 – Afternoon Sitting)

B. MOTION –

CONSIDERATION OF REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS FOR VARIOUS FUNDS

(The Chairperson, Special Funds Accounts Committee) (If not concluded on Wednesday, August 2, 2023 – Afternoon Sitting)

C. MOTION –

CONSIDERATION OF THE REPORTS OF THE

AUDITOR-GENERAL ON THE FINANCIAL

STATEMENTS OF STATE CORPORATIONS

(REGULATORY AND GOVERNANCE AGENCIES)

(The Chairperson, Public Investments Committee on Governance

and Education) (If not concluded on Wednesday, August 2, 2023 – Afternoon Sitting)

D. MOTION -

CONSIDERATION OF THE EXCISE DUTY

(AMENDMENT) REGULATIONS (LEGAL

NOTICE NO. 40 OF 2023

(The Chairperson, Committee on Delegated Legislation)

E. THE FOOD AND FEED SAFETY CONTROL COORDINATION BILL

(NATIONAL ASSEMBLY BILL NO. 21 OF 2023)

(The Leader of the Majority Party) Second Reading (If not concluded on Wednesday, August 2, 2023 – Afternoon Sitting)

F. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 60 OF 2022)

(The Leader of the Majority Party) Second Reading (If not concluded on Wednesday, August 2, 2023 – Afternoon Sitting)

G. THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILL

NO. 12 OF 2023)

(The Leader of the Majority Party) Second Reading (If not concluded on Wednesday, August 2, 2023 – Afternoon Sitting)

H. MOTION -

REPORT OF THE KENYA DELEGATION TO THE 146TH

ASSEMBLY OF THE INTER-PARLIAMENTARY UNION

(IPU) AND RELATED MEETINGS HELD IN THE

KINGDOM OF BAHRAIN

(Member of the Delegation)

(If not concluded on Wednesday, August 2, 2023 – Afternoon Sitting)

NOTICE OF PETITIONS, QUESTIONS &

STATEMENTS

ORDER NO. 7 - QUESTIONS

It is notified that, pursuant to the provisions of Standing Order 42A (6B), the following Cabinet Secretaries will respond to questions in plenary on Wednesday (Afternoon), August 2, 2023 –– I. The Cabinet Secretary for Agriculture and Livestock Development—

QUE. NO

ORDINARY QUESTIONS

101/2023 The Member for Suba South (Hon. Caroli Omondi, MP) to ask the Cabinet Secretary for Agriculture and Livestock Development:- Could the Cabinet Secretary- (i) explain the measures in place to address the re-emergence of animal diseases that were put under control in the country such as Anthrax, East Coast Fever, Contagious Bovine Pleuropneumonia, and Trypanosomiasis and the policy measures to eradicate them?

(ii) state the policy measures instituted to address the proliferation of unlicensed and unregulated animal medicines in the country?

(iii) provide details on the plans the Government has put in place towards the establishment of Trypanosomiasis Centres in Suba South and Suba North Constituencies to control the TseTse flies menace in the said Sub-Counties?

(iv) outline the measures that the Ministry has put in place towards distributing free livestock drugs and vaccines to farmers whose livestock have been greatly affected by the recurrence of the said diseases?

(v) clarify whether the farmers around Ruma National Park whose livestock have been affected by tsetse flies are eligible for compensation by Kenya Wildlife Service?

154/2023 The Member for Mumias East (Hon. Peter Salasya, MP) to ask the Cabinet Secretary for Agriculture and Livestock Development: - Could the Cabinet Secretary – (i) outline the steps that the Government is taking to support local companies to produce and supply BT Cotton seeds to farmers in order to mitigate the high prices associated with monopoly of supply by a single source?

(ii) enumerate the measures put in place by the Ministry to address the constant price increases of BT Cotton seeds, which is straining farmers by increasing the cost of production?

(iii) state the viable alternatives being explored by the Ministry to address the high cost of BT Cotton production especially for small-scale farmers who cannot afford the high cost of seeds, fertilizers and insecticides every planting season?

155/2023 The Member for Mogotio (Hon. Reuben Kiborek, MP) to ask the Cabinet Secretary for Agriculture and Livestock Development: - Could the Cabinet Secretary – (i) explain the plans that the Government has put in place to allocate seed money for the establishment of a Revolving Fund under the State Department for Livestock Development to fund purchase of hides and skins for processing by the Ewaso Nyiro South Development Authority?

(ii) consider offering technical support, assistance and capacity building to the County Government of Baringo in the hides and skins processing industry so as to realize value addition, improve the quality of hides and skins and create jobs among the pastoral communities in the County?

156/2023 The Member for Manyatta (Hon. Gitonga Mukunji, MP) to ask the Cabinet Secretary for Agriculture and Livestock Development: - Could the Cabinet Secretary explain the steps that have been put in place to protect Macadamia farmers from poor pricing and to improve market prices for Macadamia nuts in the country?

222/2023 The Member for Narok North (Hon. Agnes Pareyio, MP) to ask the Cabinet Secretary for Agriculture and Livestock Development: - Could the Cabinet Secretary – (i) explain why Eneng’eetia National Cereals and Produce Board (NCPB) depots in Olokurto Sub County, Narok North Constituency are idle, forcing farmers to travel kilometers away to dry their produce at Narok Town thereby incurring losses? (ii) outline the efforts being put in place to revive the Eneng’eetia NCPB depots in Narok North Constituency? (iii) consider outsourcing the depots to private entities to run the facility for the benefits of farmers?

223/2023 The Member for Keiyo South (Hon. Gideon Kimaiyo, MP) to ask Cabinet Secretary for Agriculture and Livestock Development: - Could the Cabinet Secretary – (i) explain why the cost of top-dressing CAN fertilizer prices remain relatively high despite the Government Subsidy Programme on Fertilizers?

(ii) state the actual price of a 50kg bag of CAN top-dressing fertilizer charged by the National Cereals and Produce Board

(NCPB)?

(iii) highlight the measures the Government is taking to prevent skyrocketing of the fertilizers’ prices occasioned by middlemen, and further state the measures the Government is pursuing to avail the fertilizer to farmers at the appropriate time?

224/2023 The Member for Teso North (Hon. Oku Kaunya, MP) to ask Cabinet Secretary for Agriculture and Livestock Development: - Could the Cabinet Secretary – (i) state the quantity of subsidized fertilizer acquired by the Government for purposes of the year’s planting season and further provide details including criteria on how the subsidized fertilizer was distributed among the 290 constituencies and the 47 Counties? (ii) state the timelines within which farmers in Busia County will receive the subsidized fertilizer in view of the fact that no fertilizer was allocated to the County?

225/2023 The Member for Mandera South (Hon. Abdul Haro, MP) to ask Cabinet Secretary for Agriculture and Livestock Development: - Could the Cabinet Secretary – (i) clarify whether there is established a farming contract between Kenya and Zambia, and if so, provide full details of the agreement and comprehensive rationale for the decision? (ii) explain why Kenya would enter into a contractual agreement for maize production with Zambia yet the country is facing a maize shortage crisis? (iii) state the reasons why the Gulana-Kulalu Scheme project was abandoned, and indicate if there are any plans in place to ensure the sustainability and prudent management of the project?

290/2023 The Member for Buuri (Hon. Rindikiri Mugambi, MP) to ask Cabinet Secretary for Agriculture and Livestock Development: - Could the Cabinet Secretary – (i) provide the comprehensive data analysis report that was used to determine the specific type of fertilizer imported by the Government and distributed to farmers in Buuri Constituency? (ii) state the quantity of fertilizer types that were allocated and distributed to farmers in Buuri Constituency over the last one year? II. The Cabinet Secretary for Labour and Social Protection—

QUE. NO

ORDINARY QUESTIONS

088/2023 The Member for Konoin (Hon. Brighton Yegon, MP) to ask the Cabinet Secretary for Labour and Social Protection: - Could the Cabinet Secretary-

(i) provide the number of Kenyans working in Saudi Arabia and their status of residency, the type of employment and working stations as well as the number of reported cases of deaths, torture, and inhuman treatment of Kenyans working in the Gulf States, particularly in the Kingdom of Saudi Arabia, for the last three (3) years?

(ii) explain the measures the Ministry has put in place to secure the welfare of Kenyans working in the Kingdom of Saudi Arabia,

including the agreements that the Government has with the Government of the Kingdom of Saudi Arabia to address reported cases of mistreatment? (iii) provide details of regulatory steps taken to license recruitment Agencies that recruit Kenyans to work abroad, and in particular Saudi Arabia? 089/2023 The Member for Yatta (Hon. Robert Basil, MP) to ask the Cabinet Secretary for Labour and Social Protection: - Could the Cabinet Secretary- (i) state when the Ministry intends to incorporate new senior citizens into the Older Persons Cash Transfer (OPCT) Scheme who have not been benefiting from the Scheme for a long time and consider compensating them for the lost period? (ii) state when the Ministry intends to update the register the program so as to incorporate new citizens who have attained the mandatory age and weed out dead ones? 090/2023 The Member for Konoin (Hon. Brighton Yegon, MP) to ask the Cabinet Secretary for Labour and Social Protection: - Could the Cabinet Secretary- (i) explain the steps being taken if any to ensure that the basic needs or support for children whose parents or guardians are serving life sentences are met? (ii) explain the plans or policies in place to provide financial support to children of incarcerated parents? 091/2023 The Member for Machakos County (Hon. Joyce Kamene, MP) to ask the Cabinet Secretary for Labour and Social Protection: - Could the Cabinet Secretary- (i) outline the steps that the Ministry is taking to give full effect to the National Social Protection Policy and the National Policy on Orphans and Vulnerable Children in order to fill the lacuna created by the repeal of the Social Assistance Act, 2013?

(ii) explain what measures the Ministry has taken to ensure provision of social protection to orphans, widows and widowers and create awareness to the targeted groups on how they can benefit from the existing social protection policies?

092/2023 The Member for Kirinyaga County (Hon. Jane Maina, MP) to ask the Cabinet Secretary for Labour and Social Protection: - Could the Cabinet Secretary- (i) provide detailed information on how regularly the database and other information relating to Inua Jamii data is updated to ensure that only the verified beneficiaries receive the cash?

(ii) explain how effective the programme has been since its launch?

(iii) explain the circumstances under which certain deserving beneficiaries, particularly those from Kirinyaga County, do not receive the Inua Jamii cash transfers even when they have submitted the requisite documents?

160/2023 The Member for Kiambu (Hon. Machua Waithaka, MP) to ask the Cabinet Secretary for Labour and Social Protection: - Considering that some of the effects of cancer are physical loss of body parts like limbs, hands, breasts and other adverse effects like loss of sensory, mental, visual, hearing, learning or physical infirmities that condemn them to permanent disability, could the Cabinet secretary explain why such cancer survivors, including those in Kiambu Constituency, are denied eligibility for registration as persons living with disabilities?

189/2023 The Member for Mombasa County (Hon. Zamzam Mohammed, MP) to ask the Cabinet Secretary for Labour and Social Protection: -

Could the Cabinet Secretary – (i) explain why buildings and social amenities in most institutions are yet to comply with the minimum accessibility standards for Persons with Disabilities (PWDs)?

(ii) explain why the Government has only employed 1.4% of Persons with Disabilities against the legal requirement of 5%?

(iii) outline measures, if any, being considered or undertaken by the Government to revive Deserted Value Addition Industries in Mombasa so as to create employment opportunities for the locals and hence more revenue for the county?

(iv) explain why skilled locals are usually bypassed during employment by private entities when opening new branches in Mombasa and whether the Government is considering providing grants to empower Micro, Small and Medium Enterprises (MSMEs) in Mombasa County?

190/2023 The Member for Kinango (Hon. Gonzi Rai, MP) to ask the Cabinet Secretary for Labour and Social Protection: - Could the Cabinet Secretary – (i) explain measures that the Government is undertaking to cushion elderly persons in the country pending the resumption of the Inua Jamii Programme?

(ii) explain when and how the Government is planning to resume fresh registration of elderly persons under the Inua Jamii Programme noting that the registration exercise stalled in 2016?

326/2023 The Member for to ask the Cabinet Secretary for Labour and Social Protection: - conducive

327/2023 The Member for to ask the Cabinet Secretary for Labour and Social Protection: - p are e Ministry in the Beneficiaries’ Register (iii) s hard times facing

328/2023 The Member for Likoni Hon. Mishi Mboko, MP to ask the Cabinet Secretary for Labour and Social Protection: - (i) provide a comprehensive list indicating: a) the number of elderly persons, orphans and persons living with disabilities enrolled under the Inua Jamii Cash Transfer Programme in Likoni Sub- County?

b) the total number of beneficiaries under the Inua Jamii Programme banking with different commercial banks in Likoni Sub- County?

(ii) expound on steps that the Government is taking to ensure that beneficiaries in polygamous households receive benefit commensurate to their need? (iii) state the measures that Ministry is undertaking to ensure timely disbursement of payments to the beneficiaries?

329/2023 The Member for Kinango (Hon. Gonzi Rai, MP) to ask the Cabinet Secretary for Labour and Social Protection: -

Could the Cabinet Secretary explain why civil servants in Kinango Constituency are not eligible for hardship allowance like teachers in the same Constituency and what steps the Government is taking to address this concern by civil servants?