Wednesday November - 23-11-2022 - Morning Sitting

Thirteenth Parliament

First Session

Morning Sitting

(No. 28)

(385)

REPUBLIC OF KENYA

THIRTEENTH PARLIAMENT – (FIRST SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, NOVEMBER 23, 2022 AT 9.30 A.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 -

EXEMPTION OF BUSINESS FROM

THE PROVISIONS OF STANDING

ORDER 40(3)

(The Leader of the Majority Party)

THAT, this House resolves to exempt the business appearing as Order No. 10 in today’s Order Paper from the provisions of Standing Order 40(3), being a Wednesday Morning, a day allocated for Business not sponsored by the Majority or Minority Party or Business sponsored by a Committee.

1. 9*. MOTION - PUBLISHING OF THE RULES AND REGULATIONS

FOR PRIVATE LAND USE AND MANAGEMENT IN

REGARD TO THE MINIMUM AND MAXIMUM LAND

HOLDINGS IN KENYA

(Departmental Committee on Lands) (The Hon. Ferdinand Wanyonyi, M.P.)

THAT, aware that Article 68 (c) (i) of the Constitution of Kenya provides for minimum and maximum land holding acreages in respect to private land; deeply concerned that with high population growth and the demand for land

………/9*(Cont’d)

(No. 28) WEDNESDAY, NOVEMBER 23, 2022 (386) have resulted in excessive fragmentation of land into uneconomic units; noting that at the same time, a number of people own large tracts of land which are not utilized optimally; noting further that cognizant of the fact that the Constitution in Article 60(1) sets out the principles of land policy which among other things requires that land in Kenya shall be held, used and managed in a manner that is equitable, efficient, productive and sustainable; this House therefore resolves that the Government enforces compliance of Article 68 (c) (i) of the Constitution, section 159 of the Land Act, 2012 and the National Land Policy (Sessional Paper No. 3 of 2009 on maximum and minimum land holdings in Kenya) through publishing of the rules and regulations for private land use and management in regard to the minimum and maximum land holdings in Kenya.

(Resumption of debate interrupted on Wednesday, November 16, 2022 – Afternoon sitting)

(Balance of time – 1 hour 25 minutes)

1. 10*. MOTION - CONSIDERATION OF SESSIONAL PAPER NO. 1 OF

2022 ON THE NATIONAL AUTOMOTIVE POLICY

(The Leader of the Majority Party)

THAT, this House adopts Sessional Paper No. 1 of 2022 on the National Automotive Policy, laid on the Table of the House on Wednesday, May 25, 2022.

*Denotes Orders of the Day*

………../Notices*

(No. 28) WEDNESDAY, NOVEMBER 23, 2022 (387)

N O T I C E S

LIMITATION OF DEBATE

The House resolved on Wednesday, October 12, 2022 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 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 of Debate on Sessional Papers

II.

THAT, each speech in a debate on any Sessional Paper 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 Sessional Paper is not moved by the Chairperson of the relevant Committee), and that ten (10) minutes before the expiry of the time, the Mover be called upon to reply; and further that priority in speaking be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in that order.

........./Notice Paper*

NOTICE PAPER

Tentative business for

Wednesday (Afternoon), November 23, 2022 (Published pursuant to Standing Order 38(1))

It is notified that the following business is tentatively scheduled to appear in the Order Paper for Wednesday (Afternoon), November 23, 2022-

A.

MOTION - APPROVAL OF NOMINEES TO VARIOUS

CONSTITUENCY

DEVELOPMENT

FUND

COMMITTEES

(The Chairperson, Select Committee on the National Government Constituencies Development Fund)

B.

MOTION – ESTABLISHMENT OF A PARLIAMENTARY JOINT

AD-HOC

COMMITTEE

ON

A

LEGISLATIVE

PROPOSAL TO AMEND THE CONSTITUTION

(The Leader of the Majority Party)

C.

MOTION - CONSIDERATION OF SESSIONAL PAPER NO. 1 OF

2022 ON THE NATIONAL AUTOMOTIVE POLICY

(The Leader of the Majority Party)

(If not concluded on Wednesday, November 23, 2022 – Morning sitting)

……......../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 (5), the following Members will ask questions for reply before the specified Committees-

QUE. NO.

ORDINARY QUESTIONS

009/2022

The Member for Teso North (Hon. Oku Kaunya, MP) to ask the Cabinet Secretary for Labour and Social Protection: - (i) Could the Cabinet Secretary explain the circumstances that led to the dismissal of Mr. Gabriel Akimwanary Obasie, holder of ID No. 7230285, from the National Industrial Training Authority on 19th February 2022? (ii) Could the Cabinet Secretary indicate when the officer will be reinstated back to office and paid his salary arrears and other benefits for the period he was out of employment? (To be replied before the Departmental Committee on Labour) 012/2022

The Member for Imenti North (Hon. Abdul Rahim Dawood,

MP)

to ask the Cabinet Secretary for Information, Communications and the Digital Economy: - (i) Could the Cabinet Secretary explain why Kenya Broadcasting Corporation (KBC) employees who retire have to wait for over two or more years for their pension dues to be paid? (ii) Could the Cabinet Secretary further explain why the former KBC employees who received the lump sum amount never receive their monthly pensions on time? (iii) Could the Cabinet Secretary expedite payment of monthly pension dues to Mr. Paul Muriira of ID No. 7670170 and Personnel No. 002394, a former KBC employee who is yet to receive his dues from August 2022 to date?

(iv) What measures is the Ministry is putting in place to ensure that former KBC employees receive their dues including arrears and interest without further delay?

(To be replied before the Departmental Committee on Social Protection)

031/2022

The Member for Gilgil (Hon. Martha Wangari, MP) to ask the Cabinet Secretary for Roads and Transport: - (i) Could the Cabinet Secretary explain why the 15 kilometer road from Gilgil Town to Kanyiri Center was left incomplete during the upgrading of the Gilgil-Olkalau road to bitumen standards? (ii) Could the Cabinet Secretary provide timelines for when the said section will be completed as the section is in an unmotorable state? (To be replied before the Departmental Committee on Transport and Infrastructure) 032/2022 The Member for Mandera County (Hon. Umul Ker Kassim, MP) to ask the Cabinet Secretary for Water, Sanitation and Irrigation: - (i) Could the Cabinet Secretary provide the status of the implementation of Mandera Water Supply Project and Mandera Sewerage Project both funded by the African Development Bank in conjunction with the National Government under the Kenya Towns Sustainable Water Supply Sanitation Program, and which were awarded in 2018, but have since stalled? (ii) Could the Cabinet Secretary provide the details of the total contract sum for each of the two projects and also state the cost implication occasioned by delays in their completion? (iii) Could the Cabinet Secretary indicate when the contractor will resume works on the two stalled projects and also provide expected timelines for their completion? (iv) Could the Cabinet Secretary explain the measures in place to avert future loss of human life and livestock at project sites as a result of negligence by contractors, and consider compensating the family of Muhidin Awes Yerrow Mahamed, a minor who lost his life after falling into an unsecured deep hole left behind by the contractor at the Sewerage Project? (To be replied before the Departmental Committee on Blue Economy and Irrigation)

......../Appendix*(Cont’d)

ORDER NO.7 - STATEMENTS

It is notified that, pursuant to the provisions of Standing Order 44(2)(c) the following Statements will be requested –

No. Subject Member Relevant Committee

1. 1. Raid at Mwembeni village

in Kinango Constituency Hon. Gonzi Rai, MP (Kinango) D.C. on Administration and Internal Affairs

1. 2. Exploitation of hunger

safety net beneficiaries by bank agents

Hon. Protus Akuja MP (Loima) D.C. on Social Protection

1. 3. Addressing the financial

distress facing public universities

Hon. Yusuf Hassan MP (Kamukunji) D.C. on Education

1. 4. Payment by Kenya Power

and Lighting Company to Lake Turkana Wind Power for unsupplied power Hon. Joseph Makilap MP (Baringo North) D.C on Energy