Wednesday, April 06, 2022 At 9.30 A.m.

Twelfth Parliament

Sixth Session

Morning Sitting

(No. 31) (423)

REPUBLIC OF KENYA

TWELFTH PARLIAMENT – (SIXTH SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, APRIL 06, 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*. THE INFORMATION COMMUNICATION TECHNOLOGY

PRACTITIONERS BILL (NATIONAL ASSEMBLY BILL NO. 38 OF 2020)

(The Hon. Godfrey Osotsi, M.P.)

Second Reading (Question to be put)

1. 9*. THE INSURANCE PROFESSIONALS REGISTRATION BILL

(NATIONAL ASSEMBLY BILL NO. 25 OF 2020)

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

Second Reading (Question to be put)

1. 10*. THE PUBLIC AUDIT (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 59 OF 2021)

(The Hon. Mohammed Sheikh, M.P.)

First Reading …..……../11*

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WEDNESDAY, APRIL 06, 2022 (424)

1. 11*. THE CHILD JUSTICE BILL (NATIONAL ASSEMBLY BILL NO. 11 OF

2022) (The Hon. Millie Odhiambo-Mabona, M.P.)

First Reading

1. 12*. COMMITTEE OF THE WHOLE HOUSE

The Community Health Workers Bill (National Assembly Bill No. 30 of 2020) (The Hon. Martin Owino, M.P.)

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

(NATIONAL ASSEMBLY BILL NO. 41 OF 2020)

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

Second Reading

1. 14*. THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 45 OF 2020)

(The Hon. David Gikaria, M.P.)

Second Reading

1. 15*. THE CHILDREN (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 46 OF 2020)

(The Hon. Peter Kaluma, M.P.)

Second Reading

(Subject to decision of the House on NA Bill No. 38 of 2021)

1. 16*. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

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

2020) (The Hon. Gathiru Mwangi, M.P.)

Second Reading

1. 17*. THE PHARMACY AND POISONS (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 1 OF 2021)

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

Second Reading

…..……../18*

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WEDNESDAY, APRIL 06, 2022 (425)

1. 18*. THE COMPUTER MISUSE AND CYBERCRIMES (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 11 OF 2021)

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

Second Reading

1. 19*. THE HEALTH (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 14 OF 2021)

(The Hon. Mwambu Mabongah, M.P.)

Second Reading

20**. THE PUBLIC SERVICE INTERNSHIP BILL (NATIONAL ASSEMBLY

BILL NO. 25 OF 2021)

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

Second Reading

1. 21*. THE NATIONAL GOVERNMENT CONSTITUENCIES

DEVELOPMENT FUND (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 34 OF 2021)

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

Second Reading

22**. THE PENAL CODE (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 40 OF 2021)

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

Second Reading

23**. THE PENAL CODE (AMENDMENT) (NO.2) BILL (NATIONAL

ASSEMBLY BILL NO. 47 OF 2021)

(The Hon. David Gikaria, M.P.)

Second Reading

24**. THE WHISTLEBLOWER PROTECTION BILL (NATIONAL

ASSEMBLY BILL NO. 50 OF 2021)

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

Second Reading

25**. THE HIGHER EDUCATION LOANS BOARD (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 52 OF 2021)

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

Second Reading …..……../26*

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WEDNESDAY, APRIL 06, 2022 (426)

26***. THE POVERTY ERADICATION AUTHORITY BILL (NATIONAL

ASSEMBLY BILL NO. 13 OF 2020)

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

Second Reading

27***. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 20 OF 2020)

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

Second Reading

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

ASSEMBLY BILL NO. 24 OF 2020)

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

Second Reading

29***. THE HEALTH (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 28 OF 2020)

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

Second Reading

30***. THE HIGHER EDUCATION LOANS BOARD (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 29 OF 2020)

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

Second Reading

31***. THE INSTITUTE OF SOCIAL WORK PROFESSIONALS BILL

(NATIONAL ASSEMBLY BILL NO. 31 OF 2020)

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

Second Reading

32***. THE BIRTH AND DEATH REGISTRATION (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 32 OF 2020)

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

Second Reading …..……../33*

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WEDNESDAY, APRIL 06, 2022 (427)

33***. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

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

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

Second Reading

34***. THE ALCOHOLIC DRINKS CONTROL (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 35 OF 2020)

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

Second Reading

*Denotes Orders of the Day* ** Denotes Orders of the Day for which Committee Report is yet to be tabled ***Denotes Bills whose Second Reading was deferred

……....../Notices*

(No. 31)

WEDNESDAY, APRIL 06, 2022 (428)

N O T I C E S

I. THE

COMMUNITY

HEALTH

WORKERS

BILL

(NATIONAL

ASSEMBLY BILL NO. 30 OF 2020)

1) Notice is given that the Chairperson of the Departmental Committee on Health intends to move the following amendments to the Community Health Workers Bill, 2020 at the Committee Stage—

CLAUSE 5

THAT, clause 5 of the Bill be amended in paragraph (g) by inserting the words “and county governments” immediately after the words “the Cabinet Secretary”.

CLAUSE 6

THAT, clause 6 of the Bill be amended by deleting sub-clause (1) and inserting the following new sub-clause—

“(1) The Council shall consist of— (a) the Director General of health or a representative designated in writing; (b) the Head of Primary Healthcare from the ministry for the time being responsible for matters relating to health; (c) the Director of Education or a representative designated in writing; (d) one person from a non-governmental organisation in the health sector nominated by the Non- Governmental Organisation Coordination Board; (e) one registered community health nurse nominated by the Nursing Council of Kenya; (f) one lecturer in community health from the department dealing with community health, nominated by the Kenya Medical Training College; (g) one community health worker nominated by the Cabinet Secretary; (h) one community health worker nominated by the Council of County Governors; and (i) the Registrar who shall be an ex officio member of the Council.”

CLAUSE 18

THAT, clause 18 of the Bill be amended— (a) in paragraph (b) by deleting the words “in any of the courses outlined in the Second Schedule”; and (b) in paragraph (c) by inserting the words “in community health” immediately after the words “ten years’ experience”

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WEDNESDAY, APRIL 06, 2022 (429)

SECOND SCHEDULE

THAT, the Second Schedule to the Bill be amended by— (a) deleting paragraph (b); and (b) deleting paragraph (c).

NEW PART

THAT, the Bill be amended by inserting the following new Part immediately after Part

VI—

PART VII- TRANSITIONAL PROVISIONS

Transitional provisions.

1. 35. Within twelve months after the enactment of this Act, all

persons performing the functions of a community health worker and who have not undertaken the courses prescribed shall undertake any of the courses prescribed in the Second Schedule to be eligible for registration as a community health worker under this Act.

2) Notice is given that the Member for Seme (Hon. James Nyikal) intends to move the following amendments to the Community Health Workers Bill, 2020 at the Committee Stage—

CLAUSE 2

THAT, clause 2 of the Bill be amended by─ (a) inserting the following new definition in its proper alphabetic sequence─ “community health unit” means a health service delivery structure within a defined geographical area covering a population of approximately five thousand people;”

(b) deleting the definition of the term “community health worker” and substituting therefor the following new definition─ “community health worker” means a person who─ (a) resides in a particular community health unit; (b) is selected by the members of that community health unit; (c) undergoes a prescribed course of training in a training institution, is a holder of a certificate issued by that institution and is registered under this Act; (d) after the prescribed training, continues to reside in that community health unit while offering services to that community health unit.”

……....../Notices*(Cont’d)

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WEDNESDAY, APRIL 06, 2022 (430)

LIMITATION OF DEBATE

The House resolved on Wednesday, February 2, 2022 as follows-

Limitation of Debate on Individual Members’ Bills II. THAT, each speech in a debate on Bills NOT 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 three hours and thirty minutes, with not more than thirty (30) minutes for the Mover, in moving and ten (10) minutes in replying, a maximum of thirty (30) minutes for the Chairperson of 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; 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

Wednesday (Afternoon), April 06, 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), April 06, 2022-

A. THE ELECTIONS (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 3 OF 2022)

(The Leader of the Majority Party)

Second Reading

(Question to be put)

B. MOTION – APPROVAL OF THE MEDIATED VERSION OF THE

COUNTY GOVERNMENTS ADDITIONAL ALLOCATION

BILL (SENATE BILL NO. 35 OF 2021)

(The Vice-Chairperson, Mediation Committee on the County Governments Additional Allocations Bill, 2021) (Question to be put)

C. MOTION – REPORT OF THE COMMITTEE OF THE WHOLE

HOUSE ON ITS CONSIDERATION OF THE COFFEE BILL

(SENATE BILL NO. 22 OF 2020)

(The Chairperson, Departmental Committee on Agriculture and Livestock) (Question to be put)

D. COMMITTEE OF THE WHOLE HOUSE

The Coffee Bill (Senate Bill No. 22 of 2020) (The Chairperson, Departmental Committee on Agriculture and Livestock)

(To resume from Clause 46)

E. THE CHILDREN BILL (NATIONAL ASSEMBLY BILL NO. 38 OF 2021)

(The Leader of the Majority Party)

Second Reading (Resumption of debate interrupted on Tuesday, March 22, 2022)

F. THE NATIONAL ELECTRONIC SINGLE WINDOW SYSTEM BILL

(NATIONAL ASSEMBLY BILL NO. 15 OF 2021)

(The Leader of the Majority Party)

Second Reading

G. THE HUDUMA BILL (NATIONAL ASSEMBLY BILL NO. 57 OF 2021)

(The Leader of the Majority Party)

Second Reading

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

(The Chairperson, Departmental Committee on Agriculture and Livestock)

Second Reading

I. THE NATIONAL DISASTER RISK MANAGEMENT BILL (NATIONAL

ASSEMBLY BILL NO. 28 OF 2021)

(The Leader of the Majority Party)

Second Reading

J. THE STARTUP BILL (SENATE BILL NO. 1 OF 2021)

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

Second Reading