MAALIM, FARAH

Thank you, Hon. Temporary Speaker. With a very heavy heart, I rise to contribute to this Bill. The very foundational object and spirit of having an Equalisation Fund was to correct the historical marginalisation of sections of this country. The idea was to equalise the resource allocations that were done...

I am reminded of something that happened in the 1960s. Most of you are very young people including my brilliant professor next to me here. During that time, there was a civil rights movement that was meant to address slavery and its effects, serious marginalisation and the oppression black people...

Hon. (Prof.) Lillian Gogo followed by Hon. Abdul Haro.

Proceed, Hon. Professor.

Next is Hon. Abdul Haro followed by Hon. Basil Robert. Please, give Hon. Abdul Haro the microphone.

Yes, Hon. Kuria Kimani. He is on a point of order.

Yes. Article 260 of the Constitution is on interpretations. I do not think he said that. While contributing, he said that the intention and the spirit and the object of the framers of the Constitution at the time was to bring to speed historically marginalised counties. We only had 14...

As a way of trying to enrich the Bill and debate about it, I would want the House to understand not only the spirit and the object, but also the word and the letter. Article 260 says marginalised groups mean a group of people who, because of laws or practices...

Hon. Basil of Yatta.

Hon. Kaluma.

Is it a point of order? Hon. Peter Kaluma (Homa Bay Town, ODM) Is it a point of order or information? Is it a point of order or information? (Hon. George Murugara spoke off record) Yes, proceed and give the information.

Do you want to be informed?

You will have an additional two minutes. Hon. Peter Kaluma (Homa Bay Town, ODM) : Hon. Temporary Speaker, we have detoured from the intent and purpose of Article 204 of the Constitution on Equalisation. It is sad that this is coming from the Senate whose duty is to guard devolution...

Hon. Mwashako, you know exactly what needs to be done; move an amendment. We will now have Hon. Rozaah Buyu. If you take a few minutes to contribute, you will give a number of Members the opportunity to also do so. Hon. Rozaah will be followed by Hon. Mulyungi. I...

Hon. Mulyungi. You will all get an opportunity, Hon. Omanyo. Then the gracious lady there, Hon. Pareyio, and Hon. Mogaka, in that order.

Member for West Mugirango, Hon. Mogaka. Hon. Omanyo will follow. You have all the time. For your information, we are going up to Nine O’clock.

Ona point of information, Hon. Temporary Speaker.

I just want to seriously emphasise what you belaboured very hard to explain to the Members of Parliament. We understand that there are serious developmental disparities in the country. The very principal object and spirit of the Equalisation Fund was just addressing certain counties and the former Northern Frontier Districts...

On a point of information, Hon. Temporary Speaker.

I am impressed with the last bit of the contribution from the Member for Borabu. He said, and I have said this before, if you do not develop those northern areas, every time there is a vagary of weather and a cycle of drought, 200,000 pastoralists lose their livelihoods. When...

On a point of order, Hon. Temporary Speaker.

Hon. Members, I now call upon the Chairperson to report to the House.

Mover of the Bill to move the agreement with the Report.

Hon. Marianne.

Hon. Members, I cannot put the Question because there is a recommittal. I direct that the Question will be put at an appropriate date in future. (Putting of the Question deferred) GENERAL COMMENTS LEGISLATIVE PROPOSAL TO AMEND THE CONSTITUTION UNDER STANDING ORDER 114 (7A) Hon. Chepkong’a has a legislative proposal.

Are you on a point of order, Hon. Member for Turkana?

The Temporary Chairman.

Mover of the Bill, Leader of the Majority Party. Hon. Kimani Ichung’wah (Kikuyu, UDA) : Hon. Temporary Speaker, I beg to move that this House do agree with the Report of the Committee of the whole House on its considerations of the Co-operatives Bill, (National Assembly Bill No.7 of 2024)...

Hon. Members, the Question will be put at an appropriate time in the future. (Putting of the Question deferred) Next Order. THE CROPS (AMENDMENT) BILL Hon. Tandaza, this is a resumption of debate. Who was the Member who had a 13 minutes balance? Any Member who would want to contribute...

Hon. Members, I direct that the Question on the Crops (Amendment) Bill, (National Assembly Bill No.8 of 2023) , will be put at an appropriate time in future. I direct it be put on the Order Paper at an appropriate time in future. (Putting of the Question deferred) I call...

Fair enough. The next Order is the Equalisation Fund (Administration) Bill, (Senate Bill No.14 of 2023) . I think the Chairman of the Departmental Committee on Finance and National Planning is going to start the Second Reading of this. You will move this. THE EQUALISATION FUND (ADMINISTRATION) BILL The Chair...

(Bill deferred)Fair enough. It is understandable. I can hardly see any Member from the constituencies that are affected by the Equalisation Fund in the House. I direct that this matter be put on the Order Paper at an appropriate date in the future. I defer the Second Reading of this...

Order, Hon. Member. What you do is that you say: “I move that this House adopts the Report of the Departmental Committee…” That is how you do it. Read it verbatim as it is on the Order Paper.

Order! Read it verbatim like this: “I beg to move that this House adopts the report of the Departmental Committee on Trade, Industry and Co-operatives on the enquiry into alleged unfair practises by foreign investors in Kenya, laid on the table of the House…” Read that up to the end...

I can see you do not have your glasses. Are you sure you can see very well?

Hon. Marianne, proceed.

Hon. Tandaza, followed by Hon. Mwalyo, if time permits.

Hon. Mwalyo, Member for Masinga. Give him the microphone. (Loud consultations)

Hon. Members, the time being 7.00

What was the affirmative action you got during your election? Did you get any undue advantage over your male compatriots during the two instances you were elected as a Member of Parliament? You competed equally with everybody else! Did you not?

Fair enough. For the benefit of Hon. Millie, I remember that there were six Kalenjin women who competed against men and won elections when they first came in as nominated Members. There was Prof. Hellen Sambili. They were from one community. Here is Marianne Kitany, who literally competed with all...

Is the MP for Igembe North around? If he is not here, we go to Hon. Caroli Omondi. Let us have the Suba people speaking. Today is basically a Suba day.

Let us have Hon. (Dr) Nyikal, who will be followed by Hon. Omanyo.

I do not seem to see Hon. Omanyo. We will probably have to go to Hon… She seems to be in. (Hon. Catherine Omanyo spoke off the record) Where are you?

Hon. Elachi Beatrice.

Hon. Sheikh Kassim Tandaza.

Leader of the Majority Party.

Hon. Kimani, Member for Molo.

Order, Hon. Kuria Kimani. The point of order is directed to you, but you are engaging in a serious discussion with the Leader of the Majority Party. (Laughter)

Hon: Saney Ibrahim.

What is out of order, Hon. Tandaza?

Order, Hon. Tandaza. Sheikh Hon. Kassim Tandaza, we have the definition of illiterate which means somebody who cannot read and write. You do not have to read and write to have skills. Proceed, Hon. Saney.

Okay, fair enough. I can see we do not have Quorum. I direct that the Serjeant-at-Arms ring the Quorum Bell for 10 minutes. (The Quorum Bell was rung) Hon. Members, under Standing Order 35, we have no other business other than to adjourn the House. ADJOURNMENT Hon. Members, the time...

It seems no other Member is interested in contributing to this. The lady there is interested in contributing. Proceed.

Fair enough. My screen does not show anybody else who has an interest. I now call upon the Mover to reply.

Hon. Members, the Chair directs that this Question be put at a convenient date in the future. (Putting of the Question deferred) I now call on the next Order. Second Reading THE PUBLIC PROCUREMENT AND ASSET DISPOSAL (AMENDMENT) BILL Chairperson of the Departmental Committee on Finance and National Planning.

The Leader of the Majority Party.

Hon. Esther Passaris, are you still interested to contribute because you are at the top of the requests list?

Hon. Melly, Member for Tinderet.

Hon. Gathoni Wamuchomba.

Hon. Mayaka Irene.

Member for Nandi Hills.

The Member for Jomvu, Hon. Bady.

Hon. Members, you will bear with me. There seems to be a small challenge with the system. Some of you came early and yet, the system keeps on… (Loud consultations)

Hon. Bensuda, followed by Hon. Makali Mulu. Order, Hon. Members. You are all equally very important. Nobody is more important than the other. I am considering all those factors. I know that there was a problem with the system, but I will make sure that I accommodate you all. Proceed,...

Hon. Wangwe, proceed.

The Member for Kwanza followed by the Member for Imenti Central then the Member from Narok, Hon. Pareyio. (Hon. Francis Sigei gestured at the Temporary Speaker) The Temporary Speaker has many ways. Member for Sotik, just relax. You will all get an opportunity.

Where is the Member of Parliament for Imenti Central? He is not in the House. Under the circumstances, I will call the MP for Lari to contribute. The MP for Kinangop will be next, followed by the MP for Sotik and others. Order, Hon. Mburu. Did I say that you...

Hon. Agnes Pareyio. Hon. Agnes Mantaine (Narok North, JP) Asante sana Mhe Spika wa Muda kwa kunipa nafasi hii ilinichangie Hotuba ya Mhe Rais katika Bunge hili. Nilisikiliza hiyo Hotuba kwa makini sana. Ningependa kumshukuru Rais kwa vile alizungumza na vile alivyoonyesha kwa makini alichokua akizungumzia. Ningependa kuanza na masuala...

I had given opportunity to the Member for Kinangop then, Hon. Emaase, followed by the Member for Sotik, Hon. Ng’elechei. You will all have chance. Do not worry. (Loud consultations)

Next is Hon. Mary Emaase, who will be followed by Hon. Ng’elechei.

Alright, sit down. Let us hear Hon. Ng’elechei. She will be followed by the Member for Sotik and, thereafter, the Member for Webuye East will take the Floor.

Next is the Member for Webuye East. He will be followed by the Member for Sotik, the Member for Ruiru, and Hon. Kagombe in that order. Member for Emurua Dikirr you will be in the next group, just relax.

Give him half a minute to conclude his remarks. Hon. Martin Wanyonyi (Webuye East, FORD–K) : Hon. Temporary Speaker, in conclusion, the President was clear that the country is on the right track. So much has been done and much is yet to be done, especially on the many promises...

Member for Ruiru.

Member for Gatundu South.

Hon. Members, we are going to have another session shortly after this one lapses. I have taken note of the fact that there are many MPs who have been sitting here all afternoon. Examples are the MPs for Turkana Central, Ikolomani and Migori. Others are Hon. Kiragu, Hon. Zamzam, Hon....

Hon. Members, we still have a small shortage. Let us have the Quorum Bell rung for 14 minutes. Party Whips, it is the expectation of the Chair that you should whip your Members. (The Quorum Bell was rung) Hon. Members, we can proceed. We now have a quorum.

Fair enough. Hon. Beatrice Adagala.

Member of Parliament for Limuru, Hon. Kiragu, followed by the Member for Turkana Central.

Member of Parliament for Turkana Central.

The Member for Ikolomani, followed by the Member for Migori, Hon. Fatuma Mohamed.

The Member for Migori.

Hon. Mawathe, followed by Hon. Zamzam. Hon. Zamzam you are after Hon. Mawathe.

Hon. Zamzam, followed by Hon. Mwalyo.

Ashaongezewa dakika hiyo.

Mhe. Mwalyo, Member for Masinga.

Hon. Mulanya of Nambale, followed by Hon. Manduku, and then Hon. Nimrod Mbai. Proceed in that order.

Hon. Manduku ,followed by Hon. Siyoi.

Hon. Nimrod followed by Hon. Siyoi.

Hon. Siyoi.

Hon. Mishi Mboko, followed by Hon. Ruweida and then Hon. Naomi Waqo.

Mheshimiwa Ruweida Obo.

Hon. Naomi Waqo.

Next is Hon. Bernard Kitur, who will be followed by Hon. Mark Mwenje and Hon. Joseph Cherorot, in that order. The rest of you will speak in the next round.

Hon. Mwenje.

Hon. Cherorot. Is Hon. Tom Odege in the House? Proceed, Hon. Cherorot.

Let us now listen to the Member for Nyatike. He will be followed by the Member for Kisauni and, thereafter, by the Member for Sigor. We will go in that order. We still have a few more Members who want to contribute to the Motion. Hon. Ruku and Hon. Lekumontare...

Hon. Bedzimba, proceed.

Mbunge wa Sigor.

Next is the Member for Kitutu Chache North. Take exactly two minutes so that I can give an opportunity to two other Members before we adjourn the House.

Hon. Lekumontare. Take two minutes and then I will give a chance to the Member for Wajir East before we adjourn for the day.

Hon. Members, this is a House of traditions. We have already exceeded our time by five minutes. I do not intend to alter the tradition today. Hon. Members, the time being 9.05 p.m… (Hon. Ruku GK spoke off the record) Order! Like I said, the Member for Wajir East and...

Hon. Rindikiri.

Member of Parliament for Baringo South.

Hon. Bady Bady, I see your name on the screen. Do you have an issue here or is it an old one?

Okay. Fair enough. Hon. Member, at the end there.

I think I will take a very last one. We have other businesses to transact, and so, this will be the last one to ask a question.

I hope the Chairperson has understood. Chairperson, please, among other things that have just been mentioned...

For the benefit of Members and the public, explain the difference between SHIF and SHA. One manages the other, but you have to highlight the difference in your explanation.

Hon. Members, we have sufficiently ventilated on this matter. Wednesday morning is reserved for Private Members Motions. (Hon. Mugambi Rindikiri raised his hand) Order, Hon. Members. I will give you just one minute because Standing Order 41 is express on this. It states that even the Chairperson making the statement...

Fair enough. Hon. Wamumbi, please ask one more question. The Chairperson will respond to both inquiries in one minute.

Hon. Chairperson, proceed and answer that. Hon. Kamuren, you have already asked your question.

Fair enough. Next Order. COMPREHENSIVE REFORM OF EDUCATION BURSARY SCHEMES TO ENSURE FREE BASIC EDUCATION IN KENYA to financial constraints and strain on household incomes as families struggle to meet educational expenses not covered by bursaries; acknowledging that the implementation of community-based bursary scheme has not fully achieved its intended...

Order, Hon. Member. You got a small window where the Temporary Speaker wanted to look the other side, but you have expanded it. That business is concluded. Proceed as a mover to reply to the Motion.

In my opinion, the Member meant that there is such an amount of money set aside for every constituency. (Loud consultations)(Loud consultations)

Fair enough. I stand corrected on that, but the presumption is that such money is available. (Loud consultations)

Fair enough. Those facts are clear now. The Temporary Speaker stands corrected on this. (Loud consultations)

Order. I have heard your point of Order. Indeed, Hon. Esther Passaris, you are out of Order on that because the law is very clear. Members of Parliament do not have any role, legally, on this. We cannot put the question now.

Are you sure about that? Clerk-at-the- Table, can you tell me whether we have a quorum? (Loud consultations)

Yes, Hon. Owen Baya.

For the information of the Members of Parliament, this is a Private Member's Motion, and the question can only be put on a Wednesday morning. It cannot be done on any other day. (Loud consultations) THE ENVIRONMENTAL MANAGEMENT AND COORDINATION (AMENDMENT) BILL Who was on the Floor at the time?...

Hon. Millie Odhiambo, MP for Suba North, are you in the House?

Hon. Ngusya.

Excellent. Time well spent. Member for Kitutu-Masaba, Hon. Clive, followed by Hon. Bady Bady.

Hon. Bady Bady followed by Hon. Kimaiyo.

What is your point of order?

Order, Hon. Bady Bady.

Mhe. Bady Bady, nakupongeza kwa jinsi unavyoongea lugha ya Kiswahili kwa kifani na kifahari. Umeambiwa mti huo unaitwa mkalatuzi. Endelea basi.

Mhe. Kimaiyo akifuatwa na Mhe. Kivai Ogesi. Wako hapa Bungeni? Sawa.

Hon. Ogesi Member for Vihiga.

Hon. Member for Imenti South. He will be followed by Hon. Nyenze then the Member of Parliament for Kajiado North in that order, please.

Verbatim text unavailable — read this contribution in the official Hansard.

Hon. Ngogoyo, Member of Parliament for Kajiado North, proceed.

Member of Parliament for Bonchari followed by Bedzimba of Kisauni.

(Technical Hitch)Hon. Bedzimba followed by Hon. Esther Passaris, and Hon. Tandaza. Mhe. Bedzimba, tutafurahia ukizungumza katika lugha ya Kiswahil, lakini chaguo ni lako.

Mhe. Esther Passaris. Ninamkumbuka

Member for Matuga.

Mhe. Bady Bady, umekiuka hoja ya nidhamu. Mhe. Tandaza amesema anamuunga na ngumi. Tangu tupate sera za Covid-19, watu hawaungi mkono peke yake. Ngumi pia ni aina ya salamu, ama siyo? Ama umesema unamuunga mahali pengine? Mimi nimeskia kama umesema unamuunga na ngumi pia. (Kicheko)

Mhe. Suzanne Kiamba. Atafuatwa na Mhe. Lelmengit na Mhe. Ruweida.

Yes, what is your point of order?

Order! You will have your moment, but give opportunity to one or two more Members who have serious issues to contribute on this matter. Hon. Lelmengit, then the Member for Lamu, who has some serious issues on this matter, then Hon. Denar. After that, you can rise on that point...

Hon. Ruweida, just take a few minutes to allow time for more contributions.

Hon. Kamuren.

It is a few minutes to the time which was allocated for this Bill. Under the circumstances, I will put the Question. (Question, that the Mover be now called upon to reply, put and agreed to) Mover, please proceed.

Hon. Members, the time being 1.04

Thank you, Hon. Temporary Speaker. I also want to join my other colleagues in commending the DCI for acting swiftly lately. They brought to book some criminals who engaged in horrendous activities like the Kware and Eastleigh murders. There is no statute of limitation of a crime. I know that...

Dadangu, Mhe. Muge, nafasi ni yako. Utazungumza kwa lugha ya Kiswahili au Kingerereza?

Mjumbe wa Gichugu. Mbunge wa Jomvu, nilifikiri ushamaliza kuchangia?

What is your point of order?

Let us have Mheshimiwa Alice Ng’ang'a. Your point is taken, Member of Gichugu. I have given the Floor to Hon. Alice Ng’ang’a.

Order. I have given the floor to Hon. Beatrice Elachi.

Let us hear the nominated lady.

Hon. Mathenge. Hon. Bady Twalib, I will give you a moment.

Hon. Naomi is the last.

The very last one is the Member of Buuri.

Very well. The Temporary Speaker has that discretion. I think we have had sufficient points of order. Hon. Bady, you can clearly see the mood of the House. The relevance of what you have discussed…

Order! Hon. Bady. Those comments were inappropriate. It is imputing improper motives on fellow Members of Parliament. Although you did not single out a Member by name, you collectively imputed. The direction of the Temporary Speaker is that you apologise and withdraw. (Loud consultations)

Nitakupa nafasi zaidi. Endelea.

Mhe. Dr. Mutunga. (Laughter)

Hon. Omboko Milemba, followed by the Member for Turkana North.

Those are times when the Speaker would wish to be on the Floor to contribute. Your points are very well taken. As a matter of fact, for the information of Members of Parliament, Kenya is one of the least taxed countries in the world. Our tax revenue to GDP ratio...

Order, Hon. Alice. The Chair has that discretion. There is a lot of interest in this. I have a full screen. I will allow Hon. Ekwom followed by Hon. Mayaka. (Hon. Alice Ng’ang’a spoke off the record)

Order, Hon. Members. This is a House of debate. In a debate on matters like taxation, there is a lot of knowledge and information that comes out. Let us not look like a mechanical House that just passes Bills straight away. Kenyans would want to see a serious debate on...

Hon. Rindikiri, what is your point of order?

I have been made to understand that the rules have not changed. This debate did not end normally. It is a premature ending. When there is a premature ending, you cannot donate. When somebody rises under Standing Order 95, you cannot donate. Proceed.

Unfortunately, we will still be having about two or three minutes. It is too short for us to move to the other Committee stage. Somehow, you have to prolong your contribution.

We will not put the question now. We will have to put the question on an appropriate moment in the future as it shall be decided. (Putting of the Question deferred) Next Order. THE KENYA REVENUE AUTHORITY (AMENDMENT) (NO. 2) BILL The Deputy Leader of the Majority Party.

(Bill deferred)Order. That is a matter for the House Business Committee. The Order that has been called is something that you can always get. The Order that we have now for the moment is the Kenya Revenue Authority (Amendment) (No.2) Bill. Under the circumstances, Hon. Members, there is no sufficient...