Order Paper Tuesday June - 07-06-2022

Twelfth Parliament

Sixth Session

(No. 53)

(1656)

REPUBLIC OF KENYA

TWELFTH PARLIAMENT – (SIXTH SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

TUESDAY, JUNE 07, 2022 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 SITTING TIME

UNTIL CONCLUSION OF

SPECIFIED BUSINESS

(The Leader of the Majority Party)

THAT, pursuant to the provisions of Standing Order 30(3)(a), this House orders that, should the time appointed for adjournment of the House be reached before conclusion of business appearing under Order No. 18 on today’s Order Paper, the Sitting of the House shall stand extended until the conclusion of the said business.

1. 9*. PROCEDURAL MOTION -

REDUCTION OF PUBLICATION

PERIOD FOR A SPECIFIED BILL

(The Chairperson, Budget and Appropriations Committee)

THAT, notwithstanding the provisions of Standing Order 120, this House resolves to reduce the publication period of the Appropriation Bill (National Assembly Bill No. 31 of 2022) from 7 days to 4 days.

...………/10*

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1. 10*. MOTION – REPORT OF THE COMMITTEE OF THE WHOLE

HOUSE ON THE FINANCE BILL (NATIONAL

ASSEMBLY BILL NO. 22 OF 2022)

(The Chairperson, Departmental Committee on Finance and National Planning)

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the Finance Bill (National Assembly Bill No. 22 of 2022).

(Question to be put and Third Reading)

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

BILL NO. 60 OF 2021)

(The Chairperson, Committee on Delegated Legislation)

Second Reading

(Question to be put)

1. 12*. MOTION – REPORT OF THE COMMITTEE OF THE WHOLE

HOUSE ON THE AMENDMENTS TO THE STANDING

ORDERS

(The Chairperson, Procedure and House Rules Committee)

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the amendments to the National Assembly Standing Orders and NOTES its resolutions made on June 2, 2022-

(i) THAT, pursuant to the provisions of Standing Order 265, the amendments made to the Standing Orders shall commence upon the expiry of the term of the Twelfth Parliament; and

(ii) THAT, despite paragraph (i), the proposed new Standing Order 259F(5) (Members’ Biodata and Roll) shall take effect immediately.

(Question to be put)

(Notice of recommital given as shown under Notice I)

1. 13*. THE APPROPRIATION BILL (NATIONAL ASSEMBLY BILL NO. 31

OF 2022)

(The Chairperson, Budget and Appropriations Committee)

First Reading

1. 14*. THE APPROPRIATION BILL (NATIONAL ASSEMBLY BILL NO. 31

OF 2022)

(The Chairperson, Budget and Appropriations Committee)

Second Reading

...………/15*

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1. 15*. COMMITTEE OF THE WHOLE HOUSE

(i) The National Assembly Standing Orders (The Chairperson, Procedure and House Rules Committee) (Subject to recommital)

(ii) The Supreme Court (Amendment) Bill (National Assembly Bill No. 15 of 2022) (The Leader of the Majority Party)

(iii) The Appropriation Bill (National Assembly Bill No. 31 of 2022) (The Chairperson, Budget and Appropriations Committee)

(iv) The Traffic (Amendment) Bill (National Assembly Bill No. 60 of 2021) (The Chairperson, Committee on Delegated Legislation)

(With leave of the House)

1. 16*. SPECIAL MOTION -

VARIATION OF PUBLIC DEBT CEILING

(The Leader of the Majority Party)

THAT, pursuant to the provisions of section 50(2) of the Public Finance Management Act, 2012, this House approves the Public Finance Management (National Government) (Amendment) Regulations, 2022 published as Legal Notice No. 89 of 26th May, 2022, thus approving the amendment made to the Public Finance Management (National Government) Regulations, 2015 (principal Regulations) in regulation 26(1), by deleting paragraph (c) and substituting therefor the following paragraph- “(c) pursuant to the provisions of section 50(2) of the Act, the public debt shall not exceed ten trillion shillings.”

1. 17. MOTION -

REPORT ON FIVE SETS OF DRAFT ELECTIONS

REGULATIONS, 2022

(The Chairperson, Committee on Delegated Legislation)

THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of five sets of Draft Election-Related Regulations, laid on the Table of the House on Thursday, June 2, 2022, and pursuant to the provisions of section 109(3) of the Elections Act, 2011 resolves to REJECT the following- (i) the Draft Elections (Registration of Voters)(Amendment) Regulations, 2022; (ii) the Draft Elections (General)(Amendment) Regulations, 2022; (iii) the Draft Elections (Voter Education) (Amendment) Regulations, 2022; (iv) the Draft Elections (Party Nominations and Party Lists)(Amendment) Regulations, 2022; and, (v) the Draft Elections (Technology)(Amendment) Regulations, 2022.

...………/18*

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1. 18*. MOTION - REPORT ON THE FINANCIAL STATEMENTS OF

STATE CORPORATIONS

(The Chairperson, Public Investments Committee)

THAT, this House adopts the Twenty Fourth Report of the Public Investment Committee on its consideration of the Auditor General’s Reports on Financial Statements of State Corporations, laid on the Table of the House on Tuesday, May 31, 2022.

1. 19*. MOTION - STUDY VISIT TO THE LEGISLATIVE ASSEMBLY OF

ALBERTA, CANADA

(The Chairperson, Committee on Members’ Services and Facilities)

THAT, this House adopts the Report of the Committee on Members’ Services and Facilities on a Study Visit to the Legislative Assembly of Alberta, Canada undertaken from 14th to 18th October 2019, laid on the Table of the House on Tuesday, December 1, 2020.

1. 20*. THE MUNG BEANS BILL (SENATE BILL NO. 9 OF 2020)

(The Chairperson, Departmental Committee on Agriculture and Livestock)

Second Reading

1. 21*. THE KENYA ROADS BOARD (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 13 OF 2022)

(The Chairperson, Departmental Committee on Transport, Public Works and

Housing)

Second Reading

1. 22*. THE COUNTY BOUNDARIES BILL (SENATE BILL NO. 20 OF 2021)

(The Chairperson, Departmental Committee Justice and Legal Affairs)

Second Reading

*Denotes Orders of the Day*

...………/Notices*

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N O T I C E S

I. THE APPROPRIATION BILL (NATIONAL ASSEMBLY

BILL NO. 31 OF 2022)

Notice is given that the Chairperson of the Budget and Appropriations Committee intends to move the following amendments to the Appropriation Bill, 2022 at the Committee Stage——

CLAUSE 2

THAT, Clause 2 of the Bill be amended by deleting the words “one trillion six hundred two billion seven hundred thirty-one million three hundred thirty-seven thousand seven hundred and sixty-four” appearing immediately after the words “Kenya Shillings” and substituting therefor the words “one trillion six hundred eighteen billion one hundred fifty-one million three hundred thirty-seven thousand seven hundred sixty-four”;

SCHEDULE

THAT, the Schedule be amended— (a) in respect of Vote R1134 (State Department for Culture and Heritage) under Programme 0902000 (Culture/Heritage) by deleting the expression “Kshs. 1,651,040,327,” and substituting therefor the expression “Kshs. 1,711,040,327”;

(b) in respect of Vote R1194 (Ministry of Petroleum and Mining) under Programme 1007000 (General Administration Planning and Support Services) by deleting the expression “Kshs. 5,121,567,906” and substituting therefor the expression “Kshs. 20,481,567,906”.

II. THE NATIONAL ASSEMBLY STANDING ORDERS

1) Notice is given that the Leader of the Majority Party intends to move the following amendment to the Motion for Agreement with the Report of the Committee of the whole House on the National Assembly Standing Orders— THAT, the Motion for Agreement with the Report of the Committee of the whole House on its consideration of amendments to the National Assembly Standing Orders be amended by inserting the words “subject to recommital of Standing Orders 171, 172 and 217.” 2) Notice is given that the Leader of the Majority Party intends to move the following amendments to the National Assembly Standing Orders, subject to recommital—

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STANDING ORDER 171 (House Business Committee) THAT, Standing Order 171 be amended–– (a) by deleting paragraph (1) and substituting therefor the following new paragraph—

(1) There shall be a select committee, to be designated the House Business Committee, consisting of— (a) The Leader of the Majority Party, who shall be the Chairperson; (b) The Deputy Leader of the Majority Party or a representative designated in writing; (c) the Leader of the Minority Party or a representative designated in writing; (d) The Deputy Leader of the Minority Party or a representative designated in writing; (e) the Majority Party Whip or a representative designated in writing; (f) the Minority Party Whip or a representative designated in writing; and (g) nine other Members, who shall be nominated by parliamentary parties and approved by the House at the commencement of every Session, reflecting the relative majorities of the seats held by each of the parliamentary parties in the National Assembly and taking into consideration the interests of Independents.

(b) by deleting paragraph (3) and substituting therefor the following new paragraphs— (3) In the absence of the Leader of the Majority Party, the Deputy Leader of the Majority Party shall chair the meetings of the House Business Committee. (3A) if the Minority Party is the party forming the National Government, the duties reserved for the Leader and Deputy Leader of the Majority Party shall be undertaken by the Leader and Deputy Leader of the Minority Party.

STANDING ORDER 172 (Committee on Selection) THAT, Standing Order 172 be amended by deleting paragraph (1) and substituting therefor the following new paragraph—

(1) There shall be a select committee, to be designated Committee on Selection, consisting of—

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(a) the Leader of the Majority Party who shall be the Chairperson; (b) the Leader of the Minority Party; (c) the Majority Whip; (d) the Minority Whip and; (e) representatives nominated by parliamentary parties and approved by the House taking into consideration the interests of Independents.

STANDING ORDER 217 (Liaison Committee) THAT, Standing Order 217 be amended by deleting paragraph (1) and substituting therefor the following new paragraph— (1) There shall be a select committee to be known as the Liaison Committee which shall consist of the Leader of the Majority Party as the Chairperson, the Deputy Leader of the Majority Party as the Vice Chairperson, the Leader of the Minority Party and the Chairpersons of all committees of the House.

III. THE

TRAFFIC

(AMENDMENT)

BILL

(NATIONAL

ASSEMBLY BILL NO. 60 OF 2021)

Notice is given that the Nominated Member (Hon. Godfrey Osotsi) intends to move the following amendments to the Traffic (Amendment) Bill, 2021 at the Committee Stage—

CLAUSE 3

THAT, the Bill be amended by deleting Clause 3 and substituting therefor the following new Clause— Repeal and replacement of section 16 of Cap. 403.

1. 3. The principal Act is amended by deleting section 16 and substituting

therefor the following new section—

Application for licence.

1. 16. (1) An application for a license under this Part shall be

made to a licensing officer in the prescribed form accompanied by the fee payable and the vehicle registration book.

(2) Every vehicle that has been operated for a period exceeding four years from the recorded date of manufacture shall be subjected to an annual inspection by the Authority or persons authorized by the Authority which shall include emissions testing in accordance with the standard prescribed by the Kenya Bureau of Standards.

(3) The Authority shall not issue a licence with respect to a vehicle—

(a) whose carbon monoxide emissions exceed a concentration volume of 0.5 percent; or

(b) whose hydrocarbons emissions exceed a concentration volume of 0.12 percent.

(Subject to Article 114 of the Constitution)

...………/Notices (Cont’d)*

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LIMITATION OF DEBATE

The House resolved on Wednesday, February 2, 2022 as follows- Limitation of Debate on Motions IV. 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 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 Committee Reports V. THAT, each speech in a debate on Committee Reports (except for Reports of Audit Committees), 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 Chairperson of the relevant Committee (if the Committee Report is not moved by the Chairperson of the relevant Committee) except for the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of ten (10) minutes each, 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

VI. 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 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 Reports of Audit Committees VII. THAT, each speech in debate on Reports of Audit Committees (PIC, PAC & SFAC) shall be limited as follows:- A maximum of sixty (60) minutes for the Mover in moving and thirty (30) minutes in replying, 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 (15) minutes each; and THAT priority be accorded to the Leader of the Majority Party and the Leader of the Minority Party, in THAT order.

……....../Notice Paper I*

NOTICE PAPER I

Tentative business for

Wednesday (Morning), June 08, 2022 (Published pursuant to Standing Order 38(1))

It is notified that the House Business Committee has approved the following tentative business to appear in the Order Paper for Wednesday (Morning), June 08, 2022-

A. THE COUNTY ALLOCATION OF REVENUE BILL (SENATE BILL

NO. 1 OF 2022)

(The Chairperson, Budget and Appropriations Committee)

First Reading

B. THE COUNTY ALLOCATION OF REVENUE BILL (SENATE BILL

NO. 1 OF 2022)

(The Chairperson, Budget and Appropriations Committee)

Second Reading

C. MOTION

-

CONSIDERATION OF THE SECOND

SUPPLEMENTARY ESTIMATES FOR THE

FINANCIAL YEAR 2021/2022 (General Debate) (The Chairperson, Budget and Appropriations Committee)

(Subject to tabling of Report and Notice of Motion)

D. THE KENYA REVENUE AUTHORITY (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 24 OF 2022)

(The Leader of the Majority Party)

Second Reading

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

10 OF 2022)

(The Leader of the Majority Party)

Second Reading

F. THE PUBLIC FINANCE MANAGEMENT (AMEDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 21 OF 2022)

(The Leader of the Majority Party)

Second Reading

G. COMMITTEE OF THE WHOLE HOUSE

(i) The Public Service Commission (Amendment) Bill (National Assembly Bill No. 27 of 2019) (The Hon. Benjamin Mwangi, M.P.)

(ii) The Alcoholic Drinks Control (Amendment) Bill (National Assembly Bill No. 70 of 2019) (The Hon. Silvanus Osoro, M.P.)

(iii) The Higher Education Loans Board (Amendment) Bill (National Assembly No. 37 of 2020) (The Hon. John Mwirigi, M.P.)

(iv) The Information Communication Technology Practitioners Bill (National Assembly Bill No. 38 of 2020) (The Hon. Godfrey Osotsi, M.P.)

(v) The Penal Code (Amendment)(No.2) Bill (National Assembly Bill No.47 of 2021) (The Hon. David Gikaria, M.P.)

(vi) The Insurance Professionals Registration Bill (National Assembly Bill No. 25 of 2020) (The Hon. Benjamin Washiali, M.P.)

H. **. THE HIGHER EDUCATION LOANS BOARD (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 52 OF 2021)

(The Hon. Gideon Koske, M.P.)

Second Reading

I. **. THE SEXUAL OFFENCES (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 24 OF 2020)

(The Hon. Gathoni Wamuchomba, M.P.)

Second Reading

J. THE HIGHER EDUCATION LOANS BOARD (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 29 OF 2020)

(The Hon. Gideon Keter, M.P.)

Second Reading

K. THE COMPUTER MISUSE AND CYBERCRIMES (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 11 OF 2021)

(The Hon. Aden Duale, M.P.)

Second Reading

L. **. THE WHISTLEBLOWER PROTECTION BILL (NATIONAL

ASSEMBLY BILL NO. 50 OF 2021)

(The Hon. Irene Kasalu, M.P.)

Second Reading

M. THE BIRTH AND DEATH REGISTRATION (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 32 OF 2020)

(The Hon. Martha Wangari, M.P.)

Second Reading

N. **. THE CRIMINAL PROCEDURE CODE (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 41 OF 2020)

(The Hon. Nelson Koech, M.P.)

Second Reading

O. THE ALCOHOLIC DRINKS CONTROL (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 35 OF 2020)

(The Hon. Danson Mwakuwona, M.P.)

Second Reading

P. THE POVERTY ERADICATION AUTHORITY BILL (NATIONAL

ASSEMBLY BILL NO. 13 OF 2020)

(The Hon. John Waluke, M.P.) Second Reading

Q. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 20 OF

2020) (The Hon. Patrick Wainaina, M.P.)

Second Reading

R. THE HEALTH (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 28 OF 2020)

(The Hon. Alice Wahome, M.P.)

Second Reading

S. THE INSTITUTE OF SOCIAL WORK PROFESSIONALS BILL

(NATIONAL ASSEMBLY BILL NO. 31 OF 2020)

(The Hon. Joshua Kimilu, M.P.)

Second Reading

T. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 34 OF

2020) (The Hon. Richard Tongi, M.P.)

Second Reading

U. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

(AMENDMENT) (NO.3) BILL (NATIONAL ASSEMBLY BILL NO. 49

OF 2020)

(The Hon. Benjamin Mwangi, M.P.)

Second Reading

V. THE PHARMACY AND POISONS (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 1 OF 2021)

(The Hon. Alfred Keter, M.P.)

Second Reading

W. **. THE PUBLIC SERVICE INTERNSHIP BILL (NATIONAL

ASSEMBLY BILL NO. 25 OF 2021)

(The Hon. Naisula Lesuuda, M.P.)

Second Reading

X. THE NATIONAL GOVERNMENT CONSTITUENCIES

DEVELOPMENT FUND (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 34 OF 2021)

(The Hon. Tindi Mwale, M.P.)

Second Reading

Y. **. THE PENAL CODE (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 40 OF 2021)

(The Hon. Nimrod Mbai, M.P.)

Second Reading

…....../Notice Paper II*

NOTICE PAPER II

Tentative business for

Wednesday (Afternoon), June 08, 2022 (Published pursuant to Standing Order 38(1))

It is notified that the House Business Committee has approved the following tentative business to appear in the Order Paper for Wednesday (Afternoon), June 08, 2022-

A. PROCEDURAL MOTION –

REDUCTION OF PUBLICATION

PERIOD OF THE SUPPLEMENTARY

APPROPRIATION (No.2) BILL, 2022 (The Chairperson, Budget and Appropriations Committee)

B. THE SUPPLEMENTARY APPROPRIATION (No.2) BILL, 2022 - (subject to publication) (The Chairperson, Budget and Appropriations Committee)

First Reading

C. THE KENYA SCHOOL OF LAW (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 20 OF 2022)

(The Leader of the Majority Party)

First Reading

D. THE LEGAL EDUCATION (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 23 OF 2022)

(The Leader of the Majority Party)

First Reading

E. THE SUPPLEMENTARY APPROPRIATION (No.2) BILL, 2022 - (subject to publication) (The Chairperson, Budget and Appropriations Committee)

Second Reading

F. COMMITTEE OF THE WHOLE HOUSE

(i) The County Allocation of Revenue Bill (Senate Bill No. 1 of 2022) (The Chairperson, Budget and Appropriations Committee)

(ii) The Supplementary Appropriation (No.2) Bill, 2022 (The Chairperson, Budget and Appropriations Committee)

(iii) The Universities (Amendment) Bill (National Assembly Bill No. 35 of 2021)

(The Leader of the Majority Party)

(iv) The Huduma Bill (National Assembly Bill No. 57 of 2021) (The Leader of the Majority Party)

G. MOTION -

REPORT ON THE CONSIDERATION OF FINANCIAL

STATEMENTS OF STATE CORPORATIONS

(The Chairperson, Public Investments Committee)

(If not concluded on Tuesday, June 7, 2022)

H. MOTION -

STUDY VISIT TO THE LEGISLATIVE ASSEMBLY OF

ALBERTA, CANADA

(The Chairperson, Committee on Members’ Services and Facilities)

(If not concluded on Tuesday, June 7, 2022)

I. THE MUNG BEANS BILL (SENATE BILL NO. 9 OF 2020)

(The Chairperson, Departmental Committee on Agriculture and Livestock)

Second Reading

(If not concluded on Tuesday, June 7, 2022)

J. THE COUNTY BOUNDARIES BILL (SENATE BILL NO. 20 OF 2021)

(The Chairperson, Departmental Committee Justice and Legal Affairs)

Second Reading

(If not concluded on Tuesday, June 7, 2022)