Wednesday February - 09-02-2022 - Supplementary Order Paper -afternoon Sitting

Twelfth Parliament

Sixth Session

Afternoon Sitting

(No. 08)

(034)

REPUBLIC OF KENYA

TWELFTH PARLIAMENT – (SIXTH SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

SUPPLEMENTARY

WEDNESDAY, FEBRUARY 09, 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*. THE COPYRIGHT (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL

NO. 44 OF 2021)

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

Second Reading

(Question to be put)

1. 9*. SPECIAL MOTION –

CONSIDERATION

OF

NOMINEE

FOR

APPOINTMENT TO THE OFFICE OF A

MEMBER

OF

THE

SALARIES

AND

REMUNERATION COMMISSSION

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

THAT, taking into consideration the findings of the Departmental Committee on Finance and National Planning in its Report on the vetting of nominee for appointment as a member of the Salaries and Remuneration Commission representing the National Police Service Commission, laid on the Table of the House on Thursday, February 03, 2022 and pursuant to the provisions of Article 250(2)(b) of the Constitution, section 7 of the Salaries and Remuneration Commission Act 2010 and sections 3 and 8 of the Public Appointments (Parliamentary Approval) Act, 2011, this House approves the appointment of Ms. Elizabeth Wangui Muchiri as a member of the Salaries and Remuneration Commission to represent the National Police Service Commission in accordance with the provisions of Article 230(2)(b)(v) of the Constitution. (Question to be put)

………../10*

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WEDNESDAY, FEBRUARY 09, 2022 (035)

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

HOUSE ON ITS CONSIDERATION OF THE INDUSTRIAL

TRAINING

(AMENDMENT)

BILL

(NATIONAL

ASSEMBLY BILL NO. 4 OF 2019)

(The Hon. Jude Njomo, M.P.)

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the Industrial Training (Amendment) Bill (National Assembly Bill No. 4 of 2019).

(Question to be put and Third Reading)

1. 11*. MOTION – REPORT OF THE COMMITTEE OF THE WHOLE

HOUSE

ON

ITS

CONSIDERATION

OF

THE

EMPLOYMENT (AMENDMENT) (No.2) BILL (NATIONAL

ASSEMBLY BILL NO. 79 OF 2019)

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

THAT, this House do agree with the Report of the Committee of the whole House on its consideration of the Employment (Amendment) (No.2) Bill (National Assembly Bill No. 79 of 2019).

(Question to be put and Third Reading)

1. 12*. MOTION - APPOINTMENT OF MEMBERS TO THE COMMITTEE

ON

MEMBERS’ SERVICES AND FACILITIES

(The Chairperson, Committee on Selection)

THAT, pursuant to the provisions of Standing Orders 175 and 212B (3), this House approves the appointment of the following Members to the Committee on Members’ Services and Facilities:-

(i) The Hon. Ezekiel Machogu Ombaki, M.P. (ii) The Hon. (Dr.) Swarup Manjan Mishra, M.P. (iii) The Hon. Samwel Moroto Chumel, M.P. (iv) The Hon. Rehema Hassan, M.P. (v) The Hon. Rigathi Gachagua, M.P. (vi) The Hon. Charity Kathambi Chepkwony, M.P. (vii) The Hon. Elisha Odhiambo, M.P. (viii) The Hon. Benard Otieno Okoth, M.P. (ix) The Hon. (Eng.) Nzambia Thuddeus Kithua, M.P. (x) The Hon. Christopher Wangaya Aseka, M.P. (xi) The Hon. John Walter Owino, M.P. (xii) The Hon. Elsie Muhanda, M.P. (xiii) The Hon. Generali Nixon Kiprotich Korir, M.P. (xiv) The Hon. Beatrice Nkatha Nyaga, M.P. (xv) The Hon. Kimani Ichung’wah, M.P.

………../13* (No. 08)

WEDNESDAY, FEBRUARY 09, 2022 (036)

1. 13*. MOTION - APPOINTMENT OF MEMBERS TO THE COMMITTEE

ON

PARLIAMENTARY POWERS AND PRIVILEGES

(The Chairperson, Committee on Selection)

THAT, pursuant to the provisions of section 15(1)(a)(ii) of the Parliamentary Powers and Privileges Act, 2017 and Standing Order 175, this House approves the appointment of the following Members to the Committee of Parliamentary Powers and Privileges, in addition to the Member specified under section 15(1)(a)(i) of the said Act:- (i) The Hon. Josphat Kabinga Wachira, M.P. (ii) The Hon. Anthony Githiaka Kiai, M.P. (iii) The Hon. Vincent Kipkurui Tuwei, M.P. (iv) The Hon. Francis Chachu Ganya, M.P. (v) The Hon. Didmus Wekesa Barasa Mutua, M.P. (vi) The Hon. Gladwell Cheruiyot, M.P. (vii) The Hon. Andrew Mwadime, M.P. (viii) The Hon. Omar Mwinyi Shimbwa, M.P. (ix) The Hon. James Onyango Oyoo, M.P. (x) The Hon. Danson Mwashako Mwakuwona, M.P. (xi) The Hon. Oscar Kipchumba Sudi, M.P. (xii) The Hon. Johana Ngeno, M.P. (xiii) The Hon. Wario Qalicha Gufu, M.P.

1. 14*. MOTION - FURTHER CHANGES TO THE MEMBERSHIP OF

VARIOUS COMMITTEES

(The Chairperson, Committee on Selection)

THAT, pursuant to the provisions of Standing Order 173 and further to the resolutions of the House of 5th December, 2017, 15th July, 2020, 11th February, 2021, 4th May, 2021 and 13th October, 2021 appointing Members into various Committees, this House approves the appointment of the following Members to the respective Committees as specified hereunder– (i) The Hon. Adan Keynan Wehliye, M.P. to move from the Select Committee on National Cohesion & Equal Opportunity to the Departmental Committee on Defence & Foreign Relations; (ii) The Hon. Jeremiah Ng’ayu Kioni, M.P. to move from the Constitutional Implementation Oversight Committee to the Departmental Committee on Energy; (iii) The Hon. Khatib Abdallah Mwashetani, M.P. to move from the Departmental Committee on Lands to the Departmental Committee on Trade, Industry and Cooperatives; (iv) The Hon. Alois Musa Lentoimaga, M.P. to move from the Departmental Committee on Trade, Industry and Cooperatives to the Constitutional Implementation Oversight Committee;

………../14*(cont’d)

(No. 08)

WEDNESDAY, FEBRUARY 09, 2022 (037)

(v) The Hon. Ayub Savula, M.P. to move from the Departmental Committee on Trade, Industry and Cooperatives to the Select Committee on Regional Integration; (vi) The Hon. Abdikahim Osman Mohamed, M.P, to move from the Departmental Committee on Energy to the Departmental Committee on Agriculture & Livestock; (vii) The Hon. Gathoni Wamuchomba, M.P, to move from the Departmental Committee on Agriculture & Livestock to the Departmental Committee on Communication, Information and Innovation; (viii) The Hon. Katoo Ole Metito Judah, M.P. to be appointed a Member of the Departmental Committee on Agriculture & Livestock; (ix) The Hon. David Gikaria, M.P. to be appointed a Member of the Departmental Committee on Environment & Natural Resources; (x) The Hon. Japhet Kareke Mbiuki, M.P. to be appointed a Member of the Departmental Committee on Trade, Industry and Cooperatives; (xi) The Hon. William Kipkemoi Kisang, M.P. to be appointed a Member of the Departmental Committee on Lands; (xii) The Hon. Ali Wario, M.P. to be appointed a Member of the Departmental Committee on Energy; and, (xiii) The Hon. Johana Ngeno, M.P. to be appointed a Member of the Select Committee on National Cohesion and Equal Opportunity.

1. 15*. THE HEALTH LAWS (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL NO. 2 OF 2021)

(The Leader of the Majority Party)

Second Reading

(Resumption of debate interrupted on Tuesday, February 8, 2022)

1. 16*. THE COFFEE BILL (SENATE BILL NO. 22 OF 2020)

(The Chairperson, Departmental Committee on Agriculture and Livestock)

Second Reading

1. 17*. THE SACCO SOCIETIES (AMENDMENT) BILL (NATIONAL

ASSEMBLY BILL NO. 55 OF 2021)

(The Leader of the Majority Party)

Second Reading

………../18* (No. 08)

WEDNESDAY, FEBRUARY 09, 2022 (038)

1. 18*. MOTION - OFFICIAL DOCUMENTING OF THE HISTORY OF

THE NATIONAL ASSEMBLY

(The Leader of the Majority Party)

THAT, aware that the history of any institution is key to evaluating its development; FURTHER AWARE that documenting history provides a knowledge bank for future generations; NOTING that the history of the Parliament of Kenya is largely unrecorded, scattered and piecemeal; FURTHER NOTING that most comparable jurisdictions have elaborate records of their history which are periodically updated to capture new developments; COGNISANT of the fact that the Parliament of Kenya marks its 115th anniversary this year having been established as the Legislative Council (LegCo) in August 1907; FURTHER COGNISANT that the legislature has been transforming in the last century both in mandate and composition starting as a fused unicameral legislature, to a bicameral one at independence to a unicameral legislature before again reverting to a bicameral Parliament after the promulgation of the Constitution of Kenya 2010; RECOGNISING the many works of arts, including statues, frescoes, murals and pictures connected with the history of the Parliament of Kenya, including the contributions of great mean and women, families, architects and politicians throughout the 114 years of the history of the institution, and its transformation and growth throughout the period;

NOW THEREFORE, in order to ensure the preservation of the history of the institution for future generations, this House resolves –

1. 1. THAT, at an appropriate stage, the House appoints a Committee comprising of

not more than nine (9) Members to oversee the preservation of these histories for posterity, with special focus on the National Assembly;

1. 2. THAT, the copyrights of the History of Parliament of Kenya projects be reserved

for the benefit of Parliament and the people of Kenya; and,

1. 3. THAT, the Clerk of the National Assembly puts in place and executes

appropriate mechanisms to actualize this Resolution.

1. 19*. THE WILDLIFE CONSERVATION AND MANAGEMENT

(AMENDMENT) BILL (SENATE BILL NO. 30 OF 2020)

(The Chairperson, Departmental Committee on Environment and Natural Resources)

Second Reading

………../20* (No. 08)

WEDNESDAY, FEBRUARY 09, 2022 (039)

1. 20*. THE MENTAL HEALTH (AMENDMENT) BILL (SENATE BILL NO. 28

OF 2020)

(The Chairperson, Departmental Committee on Health)

Second Reading

1. 21*. THE CHILDREN BILL (NATIONAL ASSEMBLY BILL NO. 38 OF 2021)

(The Leader of the Majority Party)

Second Reading

1. 22*. THE ADVOCATES (AMENDMENT) BILL (NATIONAL ASSEMBLY

BILL

NO. 43 OF 2021)

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

Second Reading

*Denotes Orders of the Day*

……....../Notices*

(No. 08)

WEDNESDAY, FEBRUARY 09, 2022 (040)

N O T I C E S

LIMITATION OF DEBATE

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

Limitation of Debate on Bills sponsored by Parties or Committees

I. 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.

Limitation of Debate on Motions II. 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 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.

……....../Notice Paper*

NOTICE PAPER

Tentative business for

Thursday, February 10, 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 Thursday, February 10, 2022-

A. MOTION -

REPORT ON ANNULMENT OF THE CROPS (FIBRE

CROPS) REGULATIONS, 2020

(The Chairperson, Committee on Delegated Legislation)

(Question to be put)

B. MOTION -

REPORT ON ANNULMENT OF THE PUBLIC FINANCE

MANAGEMENT

(BIASHARA

KENYA

FUND)

REGULATIONS,

2021

AND

OTHER

RELATED

REGULATIONS

(The Chairperson, Committee on Delegated Legislation)

(Question to be put)

C. MOTION -

REPORT ON THE 2022 BUDGET POLICY STATEMENT

(The Chairperson, Budget and Appropriations Committee)

(Subject to tabling of Committee Report and Notice of Motion being given)

D. SPECIAL MOTION-

REPORT

ON

NOMINEES

FOR

APPOINTMENT

TO THE KENYA NATIONAL COMMISSION

ON HUMAN RIGHTS

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

(Subject to tabling of Committee Report and Notice of Motion being given)

E. SPECIAL MOTION-

REPORT ON NOMINEE FOR APPOINTMENT

TO THE EQUALISATION FUND BOARD

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

(Subject to tabling of Committee Report and Notice of Motion being given)

F. 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)

G. MOTION -

REPORT ON ANNULMENT OF THE PUBLIC FINANCE

MANAGEMENT (SINKING FUND) GUIDELINES, 2021

(The Chairperson, Committee on Delegated Legislation)

H. MOTION -

REPORT ON ANNULMENT OF THE ENVIRONMENTAL

MANAGEMENT AND COORDINATION (IMPACT

ASSESSMENT

AND

AUDIT)

(AMENDMENT)

REGULATIONS, 2016

(The Chairperson, Committee on Delegated Legislation)

I. MOTION - OFFICIAL DOCUMENTING OF THE HISTORY OF

THE NATIONAL ASSEMBLY

(The Leader of the Majority Party)

(If not concluded on Wednesday, February 9, 2022 – Afternoon Sitting)

J. THE WILDLIFE CONSERVATION AND MANAGEMENT

(AMENDMENT) BILL (SENATE BILL NO. 30 OF 2020)

(The Chairperson, Departmental Committee on Environment and Natural Resources)

Second Reading

(If not concluded on Wednesday, February 9, 2022 – Afternoon Sitting)

K. THE MENTAL HEALTH (AMENDMENT) BILL (SENATE BILL NO. 28

OF 2020)

(The Chairperson, Departmental Committee on Health)

Second Reading

(If not concluded on Wednesday, February 9, 2022 – Afternoon Sitting)

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

(The Leader of the Majority Party)

Second Reading

(If not concluded on Wednesday, February 9, 2022 – Afternoon Sitting)

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

NO. 43 OF 2021)

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

Second Reading

(If not concluded on Wednesday, February 9, 2022 – Afternoon Sitting)

….../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

001/2022 Amendment to the Universities Act, 2012 To be reported by the Speaker on behalf of Mr. Patrick Kaberia, Executive Director of PAWA Africa D.C. on Education and Research

….../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

027/2022

The Nominated Member (Hon. Wilson Sossion, MP) to ask the Cabinet Secretary for National Treasury and Planning: - (i) Could the Cabinet Secretary provide a status report regarding payment of pension to Ms. Doris Akumu Okello a beneficiary and next of kin of the late Mr. Ayub Okello Kitaga, Personal No. 295264 who served as a teacher under Teachers Service Commission?

(ii) When will the said funds be paid to Ms. Doris Okello considering that she has provided the necessary documents for processing of the dues in 1994?

(To be replied before the Departmental Committee on Finance and National Planning) 028/2022

The Member for Magarini (Hon. Michael Kingi, MP) to ask the Cabinet Secretary for Education: - (i) Could the Cabinet Secretary provide a status report regarding registration of all public primary and secondary schools in Magarini Constituency? (ii) What measures has the Ministry put in place to ensure that registration of public schools in Magarini Constituency is carried out and completed expeditiously? (To be replied before the Departmental Committee on Education and Research)

029/2022

The Nominated Member (Hon. David Ole Sankok, MP) to ask the Cabinet Secretary for Lands and Physical Planning: - (i) Could the Cabinet Secretary provide the current ownership status of the 98,000 acres Kedong ranch in Nakuru County hived off from Narok County?

(ii) Could the Cabinet Secretary also provide the list of names of the Directors of the said Ranch?

(iii) Could the Cabinet Secretary further provide a detailed report of the said ranch with regard to its acquisition by Kedong Ranch and other private developers from the Maasai Community?

(iv) Could the Cabinet Secretary explain why the said ranch is guarded by the Kenya Defence Forces?

(To be replied before the Departmental Committee on Lands) 030/2022

The Member for Kibra (Hon. Benard Okoth, MP) to ask the Cabinet Secretary for Interior and Coordination of National Government: - (i) Could the Cabinet Secretary explain the circumstances surrounding the abduction and subsequent killing of the late Cynthia Makokha, a form 4 student at Kibra Girls Soccer Academy in Kibra Constituency who was abducted, killed and dumped into a river in Shianda village, Mumias East sub-county, Kakamega County while visiting her family during the October 2021 schools’ holiday?

(ii) Could the Cabinet Secretary explain the status of investigations into the heinous crime and indicate whether any suspect(s) have been questioned or arrested?

(iii) What steps is the Government taking to end the increasing cases of gender-based violence in the Country, which have seen many women and girls injured, maimed or killed, and ensure justice for the victims?

(To be replied before the Departmental Committee on Administration and National Security)