Wednesday, February 23, 2022 At 9.30 A.m.

Twelfth Parliament

Sixth Session

Morning Sitting

(No. 15)

(120)

REPUBLIC OF KENYA

TWELFTH PARLIAMENT – (SIXTH SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, FEBRUARY 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*. THE PUBLIC DEBT MANAGEMENT AUTHORITY BILL (NATIONAL

ASSEMBLY BILL NO. 36 OF 2020)

(The Hon. Sakwa Bunyasi, M.P.) Second Reading (Resumption of debate interrupted on Wednesday, February 16, 2022 – Morning sitting) (Balance of time – 2 hours 30 minutes)

1. 9*. THE HIGHER EDUCATION LOANS BOARD (AMENDMENT) BILL

(NATIONAL ASSEMBLY BILL NO. 37 OF 2020)

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

1. 10*. THE INFORMATION COMMUNICATION TECHNOLOGY

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

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

Second Reading

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

(NATIONAL ASSEMBLY BILL NO. 41 OF 2020)

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

Second Reading ..……../12*

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WEDNESDAY, FEBRUARY 23, 2022

(121)

1. 12*. THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 45 OF 2020)

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

Second Reading

1. 13*. THE CHILDREN (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 46 OF 2020)

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

Second Reading

1. 14*. 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. 15*. THE PHARMACY AND POISONS (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 1 OF 2021)

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

Second Reading

1. 16*. THE COMPUTER MISUSE AND CYBERCRIMES (AMENDMENT)

BILL (NATIONAL ASSEMBLY BILL NO. 11 OF 2021)

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

Second Reading

1. 17*. THE HEALTH (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 14 OF 2021)

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

Second Reading

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

BILL NO. 25 OF 2021)

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

Second Reading

1. 19*. THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT

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

2021) (The Hon. Tindi Mwale, M.P.)

Second Reading ..……../20*

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

BILL NO. 40 OF 2021)

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

Second Reading

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

ASSEMBLY BILL NO. 47 OF 2021)

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

Second Reading

1. 22*. THE WHISTLEBLOWER PROTECTION BILL (NATIONAL ASSEMBLY

BILL NO. 50 OF 2021)

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

Second Reading

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

(NATIONAL ASSEMBLY BILL NO. 52 OF 2021)

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

Second Reading

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

ASSEMBLY BILL NO. 13 OF 2020)

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

Second Reading

25***. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

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

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

Second Reading

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

ASSEMBLY BILL NO. 24 OF 2020)

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

Second Reading

27***. THE INSURANCE PROFESSIONALS REGISTRATION BILL

(NATIONAL ASSEMBLY BILL NO. 25 OF 2020)

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

Second Reading ..……../28*

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(123)

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

NO. 28 OF 2020)

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

Second Reading

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

(NATIONAL ASSEMBLY BILL NO. 29 OF 2020)

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

Second Reading

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

(NATIONAL ASSEMBLY BILL NO. 31 OF 2020)

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

Second Reading

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

(NATIONAL ASSEMBLY BILL NO. 32 OF 2020)

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

Second Reading

32***.THE PUBLIC PROCUREMENT AND ASSET DISPOSAL

(AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 34 OF 2020)

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

Second Reading

33***.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

……....../Notice*

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WEDNESDAY, FEBRUARY 23, 2022

(124)

N O T I C E

LIMITATION OF DEBATE

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

Limitation of Debate on Individual Members’ Bills 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), February 23, 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), February 23, 2022-

A. MOTION – REPORT OF THE COMMITTEE OF THE WHOLE

HOUSE ON ITS CONSIDERATION OF THE SUSTAINABLE

WASTE MANAGEMENT BILL (NATIONAL ASSEMBLY

BILL NO. 22 OF 2021)

(The Leader of the Majority Party)

(Question to be put and Third Reading)

B. COMMITTEE OF THE WHOLE HOUSE

The Copyright (Amendment) Bill (National Assembly Bill No. 44 of 2021) (The Chairperson, Departmental Committee on Finance and National Planning)

C. THE COFFEE BILL (SENATE BILL NO. 22 OF 2020)

(The Chairperson, Departmental Committee on Agriculture and Livestock)

Second Reading

D. THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT

FUND (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 4 OF

2021) (The Chairperson, Committee on the National Government Constituencies Development Fund)

A.

Second Reading (Resumption of debate interrupted on Thursday, February 17, 2022)

E. THE PUBLIC PROCUREMENT AND ASSET DISPOSAL (AMENDMENT)

(No.2) BILL (NATIONAL ASSEMBLY BILL NO. 36 OF 2021) (The Chairperson, Departmental Committee on Finance and National Planning)

Second Reading

F. THE ADVOCATES (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 43 OF 2021)

(The Chairperson, Departmental Committee on Justice and Legal Affairs)

Second Reading

G. MOTION-

REPORT ON STALLED AND/OR INCOMPLETE

PROJECTS INITIATED THROUGH THE NG-CDF BUT

FALLING

UNDER

THE

COUNTY

GOVERNMENT

FUNCTIONS

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

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

(The Leader of the Majority Party)

Second Reading

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

(The Leader of the Majority Party)

Second Reading

…….../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

015/2022

The Member for Jomvu (Hon. Bady Twalib, MP) to ask the Cabinet Secretary for Lands and Physical Planning: - (i) Could the Cabinet Secretary explain why Mr. Salim Said of ID No. 2254872 a resident of Maganda village in Miritini Ward in Jomvu Constituency is yet to be compensated for his land compulsorily acquired by the Government on 6th June, 2015 to pave way for the construction of the Standard Gauge Railway despite the land having been valued and an award letter for a total Kshs 664,125 issued? (ii) What measures has the Ministry put in place to ensure that Mr. Salim receives the compensation and could the Cabinet Secretary provide the timelines for the payment? (iii) What measures has the Ministry put in place to ensure that the payment will be prompt considering the numerous similar cases in Maganda Village and across the country, which have been delayed? (To be replied before the Departmental Committee on Lands) 048/2022

The Member for Magarini (Hon. Michael Kingi, MP) to ask the Cabinet Secretary for Agriculture, Livestock and Fisheries: - (i) What measures has the Ministry put in place to ensure that food harvested at the Galana - Kulalu Farm directly benefits local community as part of the farm’s corporate social responsibility?

(ii) Considering the current severe drought being experienced in Magarini Constituency, which has led to among other things, school-going children dropping out of school, could the Ministry consider commencing a feeding programme programme for schools in the Constituency using produce from the Galana - Kulalu farm?

(To be replied before the Departmental Committee on Agriculture and Livestock)

049/2022

The Member for Alego Usonga (Hon. Samuel Atandi, MP) to ask the Teachers Service Commission: - (i) Could the Teachers Service Commission (TSC) explain why Mr. Reuben Omondi Owino of personal number No.459139, a former teacher at Madede Primary School in Alego Usonga Constituency was irregularly dismissed from the service? (ii) Could the Commission also explain why it is yet to reinstated Mr. Owino to the service even after the Magistrate Court sitting in Siaya acquitted him on 29th June, 2018 from the accusations by the TSC on the basis of lack of evidence? (iii) Could the Commission provide timelines when the Commission will reinstate Mr. Owino back to the Service? (iv) Could the Commission avail the measures that TSC has put in place to ensure that Mr. Owino is paid all the accrued remunerations from 1st March, 2018 when he was irregularly interdicted from the service? (For Written Reply by the Chairperson, Teachers Service Commission)

054/2022

The Member for North Imenti (Hon. Abdul Rahim Dawood, MP) to ask the Cabinet Secretary for the National Treasury and Planning: - (i) Could the Cabinet Secretary explain why Mr. Augustine M’mugwika, Pension No. APN/PC 126572, retired teacher and a resident from North Imenti Constituency has not been paid his pension dues for the months of January to May 2020 and March 2021? (ii) What measures is the Ministry putting in place to ensure that Mr. Augustine M’mugwika is paid his dues including interest, if any?

(To be replied before the Departmental Committee on Finance & National Planning)

…….../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. Compensation

of Oil Companies by the Government Hon. Mbogo Ali Menza,

MP

(Kisauni) D.C. on Finance and National Planning

1. 2. Suspension of staff of

Kenya Power under unclear circumstances Hon. (Dr.) Robert Pukose, MP (Endebess)

D.C. on Energy