Wednesday, March 8, 2023 At 2.30 P.m.

Thirteenth Parliament

Second Session

Afternoon Sitting

(No. 15)

(091)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, MARCH 8, 2023 AT 2.30 P.M.

ORDER OF BUSINESS

PRAYERS

1. 1. Administration of Oath
2. 2. Communication from the Chair
3. 3. Messages
4. 4. Petitions
5. 5. Papers
6. 6. Notices of Motion
7. 7. Questions and Statements
8. 8*. PROCEDURAL MOTION – EXTENSION OF PERIOD FOR

CONSIDERATION

OF

CERTAIN

PUBLIC PETITIONS

(The Chairperson, Public Petitions Committee)

THAT, notwithstanding the provisions of Standing Order 227(2) (Committal of Petitions), this House resolves to extend the period for consideration of the public petitions specified hereunder by the Public Petitions Committee by a further period of forty-five (45) days with effect from 8th March, 2023 – (i) Completion of House Units for Kibera Residents funded by the World Bank; (ii) Degazettement of Hola Irrigation Scheme land presented by the Hon. Said Hiribae, MP; and (iii) Funds spent by National Government contrary to provisions of Article 223 of the Constitution.

….……/9*

(No. 15)

WEDNESDAY, MARCH 8, 2023

(092)

1. 9*. THE NATIONAL RATING BILL (NATIONAL ASSEMBLY BILL NO.

55 OF 2022)

(The Leader of the Majority Party)

First Reading

1. 10*. SPECIAL MOTION –

CONSIDERATION OF A NOMINEE FOR

APPOINTMENT

AS

THE

DEPUTY

GOVERNOR OF THE CENTRAL BANK OF

KENYA

(The Chairperson, Departmental Committee on

Finance and National Planning)

THAT, taking into consideration the findings of the Joint Committee of the National Assembly Departmental Committee on Finance and National Planning and Senate Standing Committee on Finance and Budget in its Report on vetting of Dr. Susan Jemtai Koech for approval as Deputy Governor of the Central Bank of Kenya, laid on the Table of the House on Tuesday, 7th March, 2023 and pursuant to Section 13B(1) and 13C(1) of the Central Bank of Kenya Act, Section 8(2) of the Public Appointments (Parliamentary Approval) Act 2011 and Standing Order 216(5)(f) of the National Assembly Standing Orders, this House approves the appointment of Dr. Susan Jemtai Koech as Deputy Governor of the Central Bank of Kenya.

1. 11*. MOTION –

GENERAL DEBATE ON THE PROPOSAL TO

PARLIAMENT TO CONSIDER AMENDING THE

CONSTITUTION AND THE STANDING ORDERS

(The Leader of the Majority Party)

THAT, noting the contents of a Memorandum submitted to Parliament by His Excellency the President asking Parliament to consider initiating amendments to the Constitution; Acknowledging that, actualization of the proposals which relate to, inter alia, the composition of Parliament as provided for in Articles 97 and 98 of the Constitution in order to attain the two-thirds gender principle, the creation of the office of Leader of Official Opposition in Parliament, and the inclusion of various funds in the Constitution, would necessitate amendment to the Constitution, while the restructuring of parliamentary oversight to allow for Cabinet Secretaries to appear before the Houses of Parliament to respond to Questions by Members would require the amendment of Standing Orders; Further acknowledging that, the Speaker, vide a Notification issued on 9th December 2022 referred the matters raised in the Memorandum to the Departmental Committee on Justice and Legal Affairs with regard to proposals relating to the implementation of the Two-Thirds ….……./11*(Cont’d)

(No. 15)

WEDNESDAY, MARCH 8, 2023

(093) Gender principle and the establishment of the Office of the Leader of Official Opposition; The Joint Parliamentary Ad Hoc Committee with regard to proposals to amend the Constitution to entrench the Constituency Development, Senate Oversight and National Government Affirmative Action Funds; and The Procedure & House Rules Committee with regard to proposals to amend the Standing Orders to strengthen parliamentary oversight of the Executive, so as to facilitate public participation pursuant to Article 118 of the Constitution; NOW THEREFORE, pursuant to the provisions of Articles 1(2) and 95(2) of the Constitution, this House notes, considers and makes general comments on the proposals contained in the Memorandum by His Excellency the President. (Resumption of debate interrupted on Tuesday, March 7, 2023)

1. 12*. MOTION – REPORT OF THE 42ND SESSION OF THE

ORGANIZATION OF AFRICA, CARIBBEAN AND

PACIFIC STATES AND THE EUROPEAN UNION

JOINT PARLIAMENTARY ASSEMBLY

(Leader of the Kenya Delegation to the OACPS-EU JPA)

THAT, this House notes the Report of the 61st Session of the Organization of Africa, Caribbean and Pacific (OACPS) Parliamentary Assembly and the 42nd Session of the ACP-EU Joint Parliamentary Assembly, laid on the Table of the House on Wednesday, November 30, 2022.

1. 13*. THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL

(NATIONAL ASSEMBLY BILL NO. 60 OF 2022)

(The Leader of the Majority Party)

Second Reading

*Denotes Orders of the Day*

….……./Notices*

(No. 15)

WEDNESDAY, MARCH 8, 2023

(094)

N O T I C E S

LIMITATION OF DEBATE

The House resolved on Wednesday, February 15, 2023 as follows— Limitation of Debate on Motions I. 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 on General Debate on the Proposal to Parliament to consider amending the Constitution and the Standing Orders

II.

THAT, each speech on the debate on the Motion on the General Debate on the Proposal to Parliament to Consider Amending the Constitution and the Standing Orders shall be limited as follows: A maximum of twenty (20) minutes for the Mover in moving and ten (10) minutes in replying, and 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 in speaking be accorded to the Leader of the Majority Party and the Leader of the Minority Party in that order.

Limitation of Debate on Other Committee Reports

III.

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

.…....../Notices*(Cont’d)

(No. 15)

WEDNESDAY, MARCH 8, 2023

(095) 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

IV.

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 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, March 9, 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, March 9, 2023–

A. MOTION –

REPORT OF THE PROCEDURE AND HOUSE RULES

COMMITTEE

ON

CONSIDERATION

OF

AMENDMENTS TO THE STANDING ORDERS

(The Chairperson, Procedure and House Rules Committee)

(Subject to tabling of Committee Report and Notice of Motion)

B. MOTION –

GENERAL DEBATE ON THE PROPOSAL TO

PARLIAMENT TO CONSIDER AMENDING THE

CONSTITUTION AND THE STANDING ORDERS

(The Leader of the Majority Party)

(If not concluded on Wednesday, March 8, 2023 – Afternoon Sitting)

C. MOTION –

REPORT OF THE 42ND SESSION OF THE

ORGANIZATION OF AFRICA, CARIBBEAN &PACIFIC

STATES AND THE EUROPEAN UNION JOINT-

PARLIAMENTARY ASSEMBLY

(Leader of the Kenya Delegation to the OACPS-EU JPA)

(If not concluded on Wednesday, March 8, 2023 – Afternoon Sitting)

D. 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, March 8, 2023 – Afternoon Sitting)

.….……../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 Petition will be presented –

No. Subject Petitioner(s) Relevant Committee

11/2023 Illegal acquisition of private land by the defunct Awendo Town Council To be reported by the Hon. Speaker on behalf of Mr. Boniface Otieno Opere of Tim Kinda Self-Help Group

Public Petitions

.…....../Appendix*(Cont’d)

ORDER NO. 7 - QUESTIONS

It is notified that, pursuant to the provisions of Standing Order 42A (5), the following Members will ask questions for reply before the specified Committees-

QUE. NO.

ORDINARY QUESTIONS

026/2023 The Member for Buuri (Hon. Rindikiri Murwithania, MP) to ask the Cabinet Secretary for East African Community, the Arid and Semi-Arid Lands (ASALs) and Regional Development: - (i) Could the Cabinet Secretary explain the criteria used by the Ministry to categorize some regions in the country as Arid and Semi-Arid Lands (ASALs)?

(ii) Could the Government consider reviewing the criteria used and categorize Buuri Constituency as Arid and Semi- Arid region, considering that the aridity index is high in most parts of the constituency?

(To be replied before the Departmental Committee on Regional Development) 027/2023 The Member for Nyakach (Hon. Aduma Owuor, MP) to ask the Cabinet Secretary for Tourism, Wildlife and Heritage: - Could the Cabinet Secretary - (i) explain the circumstances that led to fatal injury of Meshack Otieno Oloo of ID Number 14605662 on 12th February 2023 and death of Silvance Oluoch Otieno, a minor, on 19th February, 2023 following an attack by stray hippopotamuses? (ii) state why no actions have been taken to address the above listed cases which were reported to Sondu Miriu Police Station and also to the Kenya Wildlife Services (KWS)? (iii) state any compensation plans that the Ministry has put in place for farmers whose crops were destroyed by the said hippopotamuses and families who lost their loved ones through attacks by wild animals? (iv) outline the immediate measures that the Ministry has put in place to curb incidences of attacks and destruction of crops by straying hippopotamuses? (To be replied before the Departmental Committee on Tourism and Wildlife)

028/2023 The Member for Matungulu (Hon. Stephen Mule, MP) to ask the Cabinet Secretary for the National Treasury and Economic Planning: -

Could the Cabinet Secretary - (i) explain the circumstances that have led to the payout of over USD 2.8 million in legal fees between the year 2014 and 2020, by the East African Development Bank (EADB) of which the Republic of Kenya is a shareholder under the EAC Treaty? (ii) clarify the terms of the tenure of office of the Director- General of the said Bank and confirm if the current holder is lawfully in office? (iii) state the reasons why the shareholders in the said Bank, particularly Kenya, which is the largest Shareholder, have not been paid any dividends during the tenure of the current Director-General? (iv) state the measures being taken by the Ministry to safeguard Kenyan taxpayers’ money held at the EADB Bank? (To be replied before the Departmental Committee on Finance and National Planning) 029/2023 The Member for Mathare (Hon. Anthony Oluoch, MP) to ask the Cabinet Secretary for Health: - (i) What steps is the Ministry taking to expedite the posting of medical interns who graduated in 2022 but have not received posting letters yet they ought to have commenced their internship in January 2023? (ii) What measures is the Ministry taking to fast-track internship for the affected students, noting that they cannot practice anywhere until they obtain medical licenses which are only issued after they complete their internship? (iii) What steps is the Ministry taking to address the shortage of doctors in the Country? (To be replied before the Departmental Committee on Health)

030/2023 The Member for Nyando (Hon. Jared Okello, MP) to ask the Cabinet Secretary for Agriculture and Livestock: - Could the Cabinet Secretary – (i) explain the interventions that the Ministry has instituted to mitigate and end the huge losses suffered by rice farmers in West Kano and Ahero Irrigation Schemes due to long periods of drought and invasions by Qualia Qualia birds that consume approximately 20,000 tonnes of rice in every harvest? (ii) state the steps the Ministry is taking to compensate farmers who have experienced major losses through the aforementioned occurrences? (To be replied before the Departmental Committee on Agriculture & Livestock)

\

.…....../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 requested –

No. Subject Member Relevant Committee

1. 1. Unfair trading practices by

foreign investors in Kenya The Hon. Benjamin Gathiru, MP (Embakasi Central Constituency) D.C. on Trade, Industry and Cooperatives