Thursday, March 2, 2023 At 2.30 P.m

Thirteenth Parliament

Second Session

(No. 12)

(076)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (SECOND SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

THURSDAY, MARCH 2, 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 THE BUDGET

POLICY STATEMENT

(The Chairperson, Budget & Appropriations Committee)

THAT, notwithstanding the provisions of Standing Order 232(7) relating to presentation of Budget Policy Statement, this House resolves to extend the period for consideration of the Budget Policy Statement, 2023 by a period of fourteen (14) days from 1st March 2023.

1. 9*. PROCEDURAL MOTION – EXTENSION OF PERIOD FOR

CONSIDERATION OF THE DEBT

MANAGEMENT STRATEGY

(The Chairperson, Public Debt & Privatization Committee)

THAT, notwithstanding the provisions of Standing Order 232A(4) relating to presentation of Debt Management Strategy, this House resolves to extend the period for consideration of the Debt Management Strategy, 2023 by a period of ten (10) days from 1st March 2023.

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1. 10*. SPECIAL MOTION – CONSIDERATION OF A NOMINEE FOR

APPOINTMENT AS THE SOLICITOR-

GENERAL

(The Chairperson, Departmental Committee on Justice

& Legal Affairs)

THAT, taking into consideration the findings of the Departmental Committee on Justice & Legal Affairs in its report on the vetting of a nominee for the appointment as the Solicitor General of the Republic of Kenya, laid on the Table of the House on Wednesday, March 01, 2023 and pursuant to the provisions of section 9 of the Office of Attorney General Act, 2012 and section 8 of the Public Appointments (Parliamentary Approval) Act, 2011, this House approves the appointment of Hon. Shadrack John Mose as the Solicitor-General of the Republic 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 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, February 28, 2023)

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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*

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N O T I C E S

LIMITATION OF DEBATE

The House resolved on Wednesday, February 15, 2023 as follows—

Limitation of Debate on Other Committee Reports I. 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 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 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 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 be limited

.….……../Notices*(Cont’d)

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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

Tuesday, March 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 Tuesday, March 7, 2023 –

A. MOTION – GENERAL DEBATE ON THE PROPOSAL TO AMEND

THE CONSTITUTION AND THE STANDING ORDERS

(The Leader of the Majority Party) (If not concluded on Thursday, March 2, 2023)

B. 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) (If not concluded on Thursday, March 2, 2023)

C. 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 Thursday, March 2, 2023)

.….……../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 06/2023 Amendment to the Kenya Information and Communications Act To be reported by the Hon. Speaker on behalf of Mr. Patrick Kaberia, Director of PAWA Africa 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

011/2023 The Member for Suna West (Hon. Peter Masara, MP) to ask the Teachers Service Commission: - (i) What measures has the Commission taken to enable the career progression of P1 Teachers who have attained qualifications of Bachelor’s Degrees in Education and are still teaching in primary schools? (ii) Could the Commission consider posting the P1 teachers with Bachelor’s Degrees in Education to teach in Junior Secondary Schools and enhance their remuneration and benefits to be commensurate with their academic qualifications? (iii) State the measures the commission has put in place, if any, to compensate Graduate Teachers serving under P1 grade for the years they have worked as Graduate teachers and if not, are there any plans to compensate them and how long would it take for the teachers to be compensated? (To be replied before the Departmental Committee on Education)

012/2023 The Member for Lamu East (Hon. Ruweida Obo, MP) to ask the Cabinet Secretary for Information, Communication and the Digital Economy: - (i) Could the Cabinet Secretary explain why Siu, Shanga and Mkokoni in Lamu East Constituency are suffering from digital exclusion by not being connected to the mobile telephone network? (ii) Could the Cabinet Secretary further explain the reasons why the entire Lamu East Constituency is still served by 2G Network when the rest of the country is on 4G Network and is soon transitioning to 5G Network? (iii) What plans does the Ministry have to ensure that Siu, Shanga and Mkokoni areas are connected to the mobile telephone network

and that the network coverage in Lamu East Constituency upgraded from the current 2G to 4G? (To be replied before the Departmental Committee on Communication, Information and Innovation)