Wednesday, July 5, 2023 At 2.30 P.m

Thirteenth Parliament

Second Session

Afternoon Sitting

(No. 57)

(780)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, JULY 5, 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 – RATIFICATION OF THE BAMAKO CONVENTION ON

THE BAN OF THE IMPORTATION INTO AFRICA AND

THE CONTROL OF TRANSBOUNDARY MOVEMENT

AND MANAGEMENT OF HAZARDOUS WASTE WITHIN

AFRICA

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

THAT, this House adopts the Report of the Departmental Committee on Environment, Forestry and Mining on its consideration of the ratification of the Bamako Convention on the Ban of the Importation into Africa and the Control of Transboundary Movement and Management of Hazardous Waste Within Africa, laid on the Table of the House on Thursday, 4th May 2023, and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the Ratification of the Bamako Convention on the Ban of the Importation into Africa and the Control of Transboundary Movement and Management of Hazardous Waste Within Africa. (Question to be put)

1. 9*. MOTION – RATIFICATION OF THE MINAMATA CONVENTION

ON MERCURY

(The Chairperson, Departmental Committee on Environment, Forestry and Mining) THAT, this House adopts the Report of the Departmental Committee on …...….……/9*(Cont’d)

(No. 57)

WEDNESDAY, JULY 5, 2023

(781) Environment, Forestry and Mining on its consideration of the ratification of the Minamata Convention on Mercury, laid on the Table of the House on Wednesday, 21st June, 2023 and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the ratification of the Minamata Convention on Mercury.

(Question to be put)

1. 10*. MOTION – APPROVAL

OF

THE

DEFENCE

COOPERATION

AGREEMENT BETWEEN THE GOVERNMENT OF THE

REPUBLIC OF KENYA AND THE GOVERNMENT OF

THE REPUBLIC OF SEYCHELLES

(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 Defence Cooperation Agreement between the Government of the Republic of Kenya and the Government of the Republic of Seychelles, laid on the Table of the House on Tuesday, 13th June, 2023 and pursuant to the provisions of section 8(4) of the Treaty Making and Ratification Act, 2012, approves the Defence Cooperation Agreement between the Government of the Republic of Kenya and the Government of the Republic of Seychelles. (Resumption of debate interrupted on Tuesday, July 4, 2023) (Balance of time – 2 hours 15 minutes)

1. 11*. MOTION – CONSIDERATION OF THE CONSOLIDATED FUND

SERVICE EXPENDITURES UNDER THE FINANCIAL

YEAR 2023/2024 BUDGET ESTIMATES

(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 Consolidated Fund Service Expenditures under the financial year 2023/2024 Budget Estimates, laid on the Table of the House on Wednesday, 21st June 2023.

1. 12*. MOTION – CONSIDERATION OF THE DRAFT CHARTER FOR THE

OPEN UNIVERSITY OF KENYA

(The Chairperson, Committee on Delegated Legislation)

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the draft Charter for the Open University of Kenya, laid on the Table of the House on Thursday, 29th June, 2023, and pursuant to the provisions of section 24(1) of the Universities Act, 2012, approves the award of Charter for the Open University of Kenya.

…...….……/13*

(No. 57)

WEDNESDAY, JULY 5, 2023

(782)

1. 13*. THE FOOD AND FEED SAFETY CONTROL COORDINATION BILL

(NATIONAL ASSEMBLY BILL NO. 21 OF 2023)

(The Leader of the Majority Party) Second Reading

1. 14*. THE NATIONAL RATING BILL (NATIONAL ASSEMBLY BILL NO. 55

OF 2022)

(The Leader of the Majority Party) Second Reading

1. 15*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 60 OF 2022)

(The Leader of the Majority Party) Second Reading

1. 16*. THE CONFLICT OF INTEREST BILL (NATIONAL ASSEMBLY BILL

NO. 12 OF 2023)

(The Leader of the Majority Party) Second Reading

1. 17*. 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.

*Denotes Orders of the Day*

…....../Notices*

(No. 57)

WEDNESDAY, JULY 5, 2023

(783)

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 Secretaries for Water, Sanitation and Irrigation; Lands, Public Works, Housing and Urban Development; and 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 Other Committee Reports

II.

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 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

(No. 57)

WEDNESDAY, JULY 5, 2023

(784) 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, July 6, 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, July 6, 2023–

A. MOTION – APPROVAL

OF

THE

DEFENCE

COOPERATION

AGREEMENT BETWEEN THE GOVERNMENT OF THE

REPUBLIC OF KENYA AND THE GOVERNMENT OF

THE REPUBLIC OF SEYCHELLES

(The Chairperson, Departmental Committee on Defence, Intelligence and Foreign Relations) (If not concluded on Wednesday, July 5, 2023 – Afternoon Sitting)

B. MOTION –

CONSIDERATION OF THE CONSOLIDATED FUND

SERVICE EXPENDITURES UNDER THE FINANCIAL

YEAR 2023/2024 BUDGET ESTIMATES

(The Chairperson, Public Debt and Privatization Committee) (If not concluded on Wednesday, July 5, 2023 – Afternoon Sitting)

C. MOTION – CONSIDERATION OF THE DRAFT CHARTER FOR THE

OPEN UNIVERSITY OF KENYA

(The Chairperson, Committee on Delegated Legislation) (If not concluded on Wednesday, July 5, 2023 – Afternoon Sitting)

D. 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, July 5, 2023 – Afternoon Sitting)

E. THE NATIONAL RATING BILL (NATIONAL ASSEMBLY BILL NO. 55

OF 2022)

(The Leader of the Majority Party) Second Reading (If not concluded on Wednesday, July 5, 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, July 5, 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, July 5, 2023 – Afternoon Sitting)

H. MOTION –

REPORT ON UNITED NATIONS CONVENTION

AGAINST

CORRUPTION

(UNCAC)

AND

GLOBAL

PARLIAMENTARIANS

AGAINST

CORRUPTION

(GOPAC) ANNUAL GENERAL MEETING

(The Leader of the Delegation)

(If not concluded on Wednesday, July 5, 2023 – Afternoon Sitting)

I. ADJOURNMENT OF THE HOUSE IN ACCORDANCE WITH THE

CALENDAR OF THE HOUSE

.……../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 following Cabinet Secretaries will respond to question in plenary on Wednesday (Afternoon), July 5, 2023–– I. The Cabinet Secretary for Water, Sanitation and Irrigation—

QUE. NO

QUESTION BY PRIVATE NOTICE

QPN

007/2023 The Member for Alego Usonga (Hon. Samuel Atandi, MP) to ask the Cabinet Secretary for Water, Sanitation and Irrigation: - Could the Cabinet Secretary – (i) explain the steps in place to resolve the issue of collapsing dykes around Lake Kanyaboli, which caused floods in the area that displaced people and destroyed property in Alego Usonga and Budalangi Constituencies in May 2023?

(ii) state measures being pursued by the Government to conserve the Lake in view of the fact that it is on the verge of extinction despite being a source of tourism revenue for both the national and county governments on account of its unique species of fish, and its’ support to aquaculture and other associated human economic activities?

(iii) indicate the timelines within which the affected victims, whose properties were destroyed and who have been rendered homeless by the calamity, will receive compensation?

QUE. NO

ORDINARY QUESTIONS

158/2023 The Member for Ikolomani (Hon. Benard Shinali, MP) to ask the Cabinet Secretary for Water, Sanitation and Irrigation: - Could the Cabinet Secretary- (i) explain why the implementation of the Moi’s Bridge – Matunda Water Supply and Sanitation Project was

transferred to the North Rift Valley Water Works Development Agency despite the fact that 60% of the project catchment area falls under Kakamega County, and critical stages of procurement namely advertisement, award of tender, and project evaluation had been completed under the Lake Victoria North Water Works Development Agency? (ii) clarify whether the North Rift Valley Water Works Development Agency has the capacity to successfully implement the project considering that it was allocated only Ksh. 10,000,000 in the FY 2022/2023 Supplementary Budget for recruitment of staff and if so, provide details of the action plan taken by the Agency for implementation of the project and timelines of completion?

159/2023 The Member for Turkana Central (Hon. Joseph Emathe, MP) to ask the Cabinet Secretary for Water, Sanitation and Irrigation: - Could the Cabinet Secretary – (i) provide a report on the status of Naoros Irrigation Scheme and Nadoto Irrigation Scheme in Turkana County and explain the steps put in place to rehabilitate, expand and sustainably operationalize the Irrigation Schemes?

(ii) outline measures that the Ministry has put in place to expand irrigation farming in Turkana Central Constituency so as to enhance food security and alleviate poverty given that the aridity in Turkana County does not permit rain-fed agriculture? 247/2023 The Member for Rongo (Hon. Paul Abuor, MP) to ask the Cabinet Secretary for Water, Sanitation and Irrigation: - Could the Cabinet Secretary – (i) explain reasons behind stalling of the Rongo Town Water Supply works despite the project being fully funded by the Government in the 2021/2022 Budget with an allocation of Ksh 190 million? (ii) provide details on how the project funds released by the Exchequer were utilized by Lake Victoria Water Works Development Agency? (iii) state the action the Ministry intends to take against the Water Agency officials if it is confirmed that the funds were misappropriated?

II. The Cabinet Secretary for Lands, Public Works, Housing and Urban Development—

QUE. NO

ORDINARY QUESTIONS

084/2023 The Member for Mwingi Central (Hon. Gideon Mulyungi, MP) to ask the Cabinet Secretary for Lands, Public Works, Housing and Urban Development: - Could the Cabinet Secretary- (i) explain why parcels of land in Mui Coal Basin, Mwingi East Sub-County that have errors in their Title Deeds not been resurveyed and the errors corrected and when will they be resurveyed and errors corrected?

(ii) indicate when will land in insecurity-prone areas of Mwingi East Sub-County bordering Tana River County be adjudicated, surveyed and Titles issued to the residents?

085/2023 The Member for Mwingi Central (Hon. Gideon Mulyungi, MP) to ask the Cabinet Secretary for Lands, Public Works, Housing and Urban Development: - Could the Cabinet Secretary- (i) provide details of the contract sum and contract period for the High Mast Security Lighting Project undertaken in Mwingi Town by the State Department for Housing and Urban Development? (ii) indicate when will the project be completed and handed over to the County Government of Kitui? (iii) consider adding more high mast security lights in order to cover a wider area and improve security in the town? 086/2023 The Member for Saboti (Hon. Caleb Amisi, MP) to ask the Cabinet Secretary for Lands, Public Works, Housing and Urban Development: - Could the Cabinet Secretary- (i) provide details of the governance and administrative structures of Kwale International Sugar Company, including providing the CR12 list of Directors? (ii) provide a report of the ownership status of the parcel of land LR No. 5004/30/R (also LR NO. 27742) currently

occupied by the Kwale International Sugar Company, detailing the acquisition process and valid ownership of the said land? (iii) explain the measures the Government is putting in place to compensate or settle the squatters occupying the 5,816 acres of the said piece of land, including timelines for the said measures? 109/2023 The Member for Nakuru Town East (Hon. David Gikaria, MP) to ask the Cabinet Secretary for Lands, Public Works, Housing and Urban Development: - Could the Cabinet Secretary-

(i) provide a detailed report on the names and period of engagement of persons, particularly youths and elders, who were engaged in the Kazi Mtaani project Phase 3 in 2022 in Nakuru Town East Constituency?

(ii) Provide the status of payment of dues to the people who were engaged in the said Phase 3 Kazi Mtaani Project in Nakuru Town East Constituency?

(iii) outline the plans that have been put in place to ensure that youths who are yet to be paid are duly paid and when will they be paid following termination of the Kazi Mtaani project? 117/2023 The Member for Embakasi West (Hon. Mark Mwenje, MP) to ask the Cabinet Secretary for Lands, Public Works, Housing and Urban Development: - Could the Cabinet Secretary- (i) provide details on the status of ownership of parcel of land popularly referred to as ‘EMCO’ in Mowlem Ward in Embakasi West Constituency and registered as LR No. 12304 (Original Number 11344/1), 12504 and 12147 (original No. 11344/4)?

(ii) state whether the Ministry has issued a different Title Deed with respect to the said parcel of land to Kiambu Dandora, a registered group or any other person or persons?

(iii) explain why Court Orders issued in 2019 on ELC Case No. 1518 of 2013 and in November 2022 with respect to vacation of the said parcel of land by trespassers are yet to be implemented?

III. 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?