Kimani Francis Kuria

Hon. Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Finance and National Planning on its Consideration of the Insurance Professionals Bill (National Assembly Bill No.13 of 2024) .

Hon. Deputy Speaker, I want to thank you very much for giving me this opportunity. I take this chance to welcome the great students of Elburgon Secondary School to this House to observe proceedings and to tell them to work very hard when they go back home. Elburgon Secondary School,...

I rise on a point of order on clarity. I do not want to distract my good colleague. However, it is not factual when he misinforms the House that Article 260 of the Constitution lists marginalised counties. Marginalised areas are determined by the Commission on Revenue Allocation. The Constitution does...

Hon. Temporary Speaker, I beg to move that The Equalisation Fund (Administration) Bill No.14 of 2023 be now read a Second Time. Article 204 of our Constitution provides that:

Thank you very much, Hon. Speaker. On the issue of whether the Speaker is supposed to belong to any particular political party, the law is very clear on every appointive and elective position that a person in this country holds. I have looked at that and there is nowhere that...

THAT, Clause 3 of the Bill be amended in the proposed section 37E—

THAT Clause 4 of the Bill be amended in the proposed new Section 37F in subsection (1) by inserting the following paragraph immediately after paragraph

Hon. Temporary Chairlady, I agree with the Leader of the Majority Party. Hon. Omondi raises an important matter. However, the taxpayers mentioned some of the challenges that they are going through. For example, perhaps, you are supposed to pay taxes before the 20th of the month, and on that day,...

I beg to move: THAT, Clause 5 of the Bill be amended—

THAT, Clause 7 of the Bill be amended—

Hon. Temporary Chairlady, I beg to move that the new Clause 1A be now read a Second Time. It is an amendment of the Tax Procedures Act, the principal Act, by inserting the provision for a multinational agreement or treaty that has been entered into on behalf of the Government...

Hon. Temporary Chairlady, I beg to move; THAT, Clause 2 be amended—

Hon. Temporary, I would like to inform this House a few things. We have 24 commercial banks in Kenya. Out of these, 18 of them have a core capital of around Ksh6 billion. Only 6 banks have between Ksh3 billion and Ksh5 billion. This is a fact. The Committee had...

For the record, in our report we recommended to give them eight years. The Leader of the Majority Party just like any other Member is allowed to bring an amendment on the Floor of the House and then the House will pronounce itself. The Temporary Chairman (Hon. Farah Maalim) :...

Hon. Temporary Chairman, I beg to move… The Temporary Chairman (Hon. Farah Maalim) : Order, Hon. Members. Listen to the Chairman as he moves the amendment and import. THAT, clause 3 of the Bill be amended by deleting the new paragraph (d) and substituting therefor the following new paragraph− “...

On a point of information. The Temporary Chairman (Hon. Farah Maalim) : Do you wish to be informed by Hon. Kimani?

Hon. Temporary Chairman, I think the Member of Parliament for Ruaraka is not well apprised of this matter. The Temporary Chairman (Hon. Farah Maalim) : I can see this too. He has not internalised it very well. The point in question is not a tax problem. It is the core...

I want to move a further amendment. A further amendment? On the one of the eight years initially? Yes. May I? The Temporary Chairman (Hon. Farah Maalim) : A further amendment? You want to move this one in an amended form, under Standing Order 48?

Hon. Temporary Chairman, before I move the amendment. The reason the core capital of a bank .... The Temporary Chairman (Hon. Farah Maalim) : I hope you have internalised properly and consulted properly because this time it will either be defeated or it will be carried. And it is five...

THAT, Clause 3 of the Bill be further amended by deleting the proposed table of Core Capital and substituting therefore the following new table— Compliance Date Minimum Core Capital, Banks and Mortgage Finance Companies (Ksh Billion) December 31, 2024

THAT, Clause 4 (b) of the Bill be amended—

THAT, Clause 5 of the Bill be amended by— THAT, Clause 6 of the Bill be amended by inserting the words “of Kenya” immediately after the words “Central Bank”. As I explained earlier, the mother Act refereed to it is the Central Bank of Kenya Act, and not the Central...

The syllabus is running very fast. I beg to move: THAT, Clause 3 of the Bill be amended in paragraph (b) by inserting the following sub-paragraph immediately after sub-paragraph (i) - (ia) by inserting the following new paragraph immediately after paragraph (f) - 4th December 2024 NATIONAL ASSEMBLY DEBATES 53...

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THAT, Clause 13 of the Bill be amended— THAT Clause 14 of the Bill be amended—

Thank you Hon. Temporary Chairman. I beg to move: THAT, Clause 15 (b) of the Bill be amended– Thank you, Hon. Temporary Chairman. I beg to move that New Clause 14A be now read a Second Time. This amendment seeks to reduce the cumulative investment value from Ksh3 billion to...

THAT, Clause 2 of the Bill be amended by inserting the following new paragraph immediately after paragraph (e) — (ea) by deleting the definition of “wife’s employment income rate”; I had explained this amendment earlier. For a very long time, the Income Tax Act required a husband to report even...

That is why I have explained…

Hon. Temporary Chairman, as I mentioned, the Income Tax Act, as it is, was providing for the husband to declare the income of the wife. That is what the law has been for very many years. Of course, you would expect that those many years ago the society was not...

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

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

Hon. Temporary Chairman, the proposal was to introduce VAT to the betting service. We have engaged on this matter a lot and people are moving from betting on our Kenyan firms to bet online. For example, if you open a company in Uganda and operate an online platform, the same...

On a point of order, Hon. Temporary Chairman. The Temporary Chairman (Hon. Farah Maalim) : What is your point of order, Hon. Chairman? Hon. Temporary Chairman, is the Member in order to misinform this House that Arsenal will beat the great Manchester United in a game this evening? (Laughter)

Hon. Temporary Chairman, I would like to give Hon. Muriu the comfort that this is something that the Departmental Committee on Finance and National Planning has already deliberated on. Tax expenditures and revenue leakage are a huge expense in this country. Additionally, most of these zero-rated ones are not sustainable....

Hon. Temporary Chairman, I share the views and sentiments of Hon. Muriu. Unfortunately, this matter has been a subject of a court battle for five years. On 5th February 2019, the Court of Appeal gave a ruling on the definition of the word ‘paid’. The court ruling defined the word...

THAT, Clause 25 of the Bill be amended—

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Hon. Temporary Chairperson, this amendment is seeking to align with the definition of digital lenders as defined under the Central Bank of Kenya Digital Credit Providers Regulations. 4th December 2024 NATIONAL ASSEMBLY DEBATES 81

THAT, Clause 26 of the Bill be amended— Hon. Temporary Chairman, I would like to drop this amendment. It has already been captured in the Tax Procedures (Amendment) Bill that was passed earlier today, and doing it here would be contradictory. (Proposed amendment by Hon. Kuria Kimani withdrawn) New Clause...

Hon. Temporary Chairman, I beg to move that the new clause be read a Second Time. This is to promote local manufacturing, increase exports, create jobs and save us on foreign exchange as we also promote investments.(Title agreed to)(Question, that the new clause be read a Second Time, proposed)(Question, that...

Thank you very much, Hon. Temporary Speaker. Today, I am a proud Kenyan, Member of Parliament and a proud Member of this 13th Parliament because we have passed very progressive laws that are going to increase the disposable income of all Kenyans. The payslip of Kenyans this December is going...

Hon. Temporary Speaker, from the outset, I would like to thank the Members of this 13th Parliament for the great contributions they have made. We have been keenly listening to the views that they have shared with us. As we prepare for amendments in the Committee of the whole House...

Hon. Temporary Speaker, this means that every credit provided by any individual will now fall somewhere. If it does not fall under the Microfinance Act, it means the entity is not a microfinance institution. If it does not fall under the Central Bank of Kenya Act, it means it is...

Hon. Temporary Speaker, I have seen my Leader and Whip of the Majority Party walk in. All they were doing was whipping Members to ensure that we had enough quorum to pass these very good laws for the Republic of Kenya. They were not making noise, as the Hon. Member...

On a point of order.

Hon. Temporary Speaker, my good friend is making a very good contribution. (Hon. David Kiplagat remained upstanding) The Temporary Chairman (Hon. Omboko Milemba) : Take your seat. This is a House of rules. He is making a very good contribution, but I invite your ruling. When you speak to the...

On a point of order, Hon. Temporary Speaker. What is your point of order, Chairman of the Departmental Committee on Finance and National Planning? Hon. Temporary Speaker, you indicated that my good brother has to withdraw his statement. He used the words “as I retract”, which means that he has...

Hon. Temporary Speaker, I would like to thank the Members of this House who have really sat patiently, and debated both the Bill and the Report of the Committee. We take note of the matters of concern that have been raised. As we draft the amendments that we hope to...

Hon. Temporary Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Finance and National Planning on its consideration of the Tax Laws (Amendment) Bill (National Assembly No. 47 of 2024) . Thank you, Hon. Temporary Speaker. (Debate on the Motion resumed)

Yes. Proceed. Hon. Speaker, when I saw the great ladies sitting this late in the night, contributing to this very important matter, I felt I should come to commend them and support this very good Bill. This shows the hard work that Parliament puts that at some point, Kenyans do...

Hon. Temporary Speaker, I beg to lay the following Papers on the Table: Reports of the Departmental Committee on Finance and National Planning on the consideration of the following—

I thank you, Hon. Temporary Speaker. Considering how important this Bill is, especially to Members that are affected by the Equalisation Fund, I indulge you to defer this business to a later date.

THAT, Clause 2 of the Bill be amended in the proposed New Section 186G (1) by deleting the words, “The County Treasury” appearing immediately after the words, “Controller of Budget;” and substituting therefor the words, “The National Treasury”. This proposed amendment seeks to clarify the reports submitted to various entities...

Two very important documents inform the budget process of the national Government and county governments. The Budget Policy Statement is for the national Government and the County Fiscal Strategy Paper is for county governments. Current provisions in the Public Finance Management (PFM) Act provide only 14 days for consideration. Therefore,...

THAT, the long title of the Bill be amended by inserting the words, “the two levels of government pursuant to” immediately after the word “between”. The justification of this amendment is to insert words which were omitted during the publication of the Bill. It is more of a cleanup.(Question of...

THAT, Clause 3 of the Bill be amended-

Hon. Temporary Chairlady, Members are wondering why we have two Public Finance Management (Amendment) Bills separately. The Public Finance Management (Amendment) (No.3) Bill that we just passed includes county 28th November 2024 NATIONAL ASSEMBLY DEBATES 20 functions. That is why we said that when you transfer funds, they must be...

Yes. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : You may proceed.

Sorry, Hon. Temporary Chairlady. Hon. Members, Clause 3 of the Bill says: Section 4 of the principal Act is amended by inserting the following new subsection immediately after sub-section (3) —

THAT, Clause 9 of the Bill be amended— THAT, Clause 11 of the Bill be amended—

Thank you, Hon. Temporary Chairlady. I have listened to what Hon. Nyikal has asked. I also want to share the sentiments of Hon. Members about a firm being awarded a contract knowing very well they are incompetent. The Bill is 28th November 2024 NATIONAL ASSEMBLY DEBATES 25 curing this in...

THAT, clause 18 of the Bill be amended in the proposed new subsection (1A) by deleting the word “Authority” and substituting therefor the words “accounting officer”. Clause 18 of the Bill says that upon completion of an evaluation and the successful tenderer is established, the Authority shall notify the other...

THAT, Clause 21 of the Bill be amended— THAT, Clause 24 of the Bill be amended in paragraph (a) by deleting the expression “ (7) (a) ” and substituting therefor the expression “ (8) (a) ”. This is to cure a referencing error. (Question of the amendment proposed) (Question, that...

THAT, Clause 2 of the Bill be amended—

Hon. Temporary Chairlady, I beg to move that the Committee reports to the House its consideration of the Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bill No.48 of 2024) and its approval thereof with amendments. (Question proposed) (Question put and agreed to) (The House resumed) IN THE HOUSE...

Hon. Temporary Speaker, I would like to thank the Members for their good contributions to the Bill. The clarifications they sought helped us to understand the Bill much better. I appreciate the remarks by Hon. Mayaka (CPA). I wish to notify you that the recognition of virtual and digital assets...

Hon. Temporary Speaker, I beg to move that Public Finance Management No.3 (National Assembly Bill No.44 of 2024) be read a Third Time, and I request Hon. Josses Lelmengit... Order! You may take that again. Clerks-at-the-Table, give him the requisite notes for his use. Thank you, Hon. Temporary Speaker, and...

Hon. Temporary Speaker, again, I want to thank the Committee for the great discussion that we had yesterday during the Second Reading and the great insights that you have given and enriched this Bill on ensuring that procurement in this country benefits Kenyans, and that it can be used as...

Thank you very much, Hon. Temporary Speaker. At the outset, I would like to congratulate my two friends, Hon. CPA, Irene Mayaka and Hon. Crystal Asige, for bringing this very progressive Bill. This clearly demonstrates that when young people of this country are given a chance to lead, they can...

Thank you, Hon. Temporary Speaker. I have not read the Bill verbatim. One challenge I have seen when doing public participation, and I am speaking from experience, is that laws are drafted in a complex way and most Kenyans do not understand them. That is why I am taking time...

Thank you, Hon. Speaker. I beg to lay the following Papers on the Table: Reports of the Departmental Committee on Finance and National Planning on consideration of the following two Bills –

Thank you, Hon. Speaker. I rise to move that the approval of Mr Gerald Nyaoma Arita as the Second Deputy Governor of the Central Bank of Kenya (CBK) be now read a Second Time. Article 231 of the Constitution sets out the establishment of the CBK, which is responsible for...

I thank you, Hon. Temporary Speaker. I rise to second this Bill. This is one of the Bills that was referred to the Departmental Committee on Finance and National Planning. 27th November 2024 NATIONAL ASSEMBLY DEBATES 36 We conducted public participation across the six counties and received several memoranda. Kenyans...

I rise to move that the Public Procurement and Asset Disposal (Amendment) Bill of 2024 be now read a Second Time. The Bill embodies our commitment to fostering economic inclusivity, promoting local enterprises, and ensuring that public procurement serves as a strategic tool for national development. By introducing clarity to...

Point of information, Hon. Temporary Speaker.

Hon. Temporary Speaker, I have heard the concerns of Members. It is important that I offer some information and clarification. The monthly fine referred to in subsection (1) (a) (ii) shall be determined as follows—

Thank you, Hon. Temporary Speaker. From the outset, I would like to thank all my colleagues who have really enriched the debate on this particular Bill. I would also like to thank you, Hon. Temporary Speaker, for your kind words, and I do not take that for granted. I thank...

Thank you, Hon. Temporary Speaker. This is one of the Bills that were sponsored by the Leader of the Majority Party and referred to the Departmental Committee on Finance and National Planning. In as well as we appreciate the need to have people designate others to get their unclaimed assets,...

Thank you Leader of the Majority Party for your magnanimity. I beg to move: THAT, Clause 3 of the Bill be amended by deleting paragraph (b) and substituting therefor the following new paragraph— 27th November 2024 NATIONAL ASSEMBLY DEBATES 69

Hon. Temporary Speaker, I beg to second. (Question proposed) The Temporary Chairman (Hon. Peter Kaluma) : Chairman, go to the Kenya Roads Board (Amendment) Bill. CONSIDERATION OF REPORT ON THE KENYA ROADS BOARD (AMENDMENT) BILL

Hon. Speaker, I beg to lay the following papers on the Table: Reports of the Departmental Committee on Finance and National Planning on its consideration of:

Hon. Speaker, I beg to lay the following Paper on the Table of the House: Report by the Departmental Committee on Finance and National Planning on its consideration of the Public Audit (Amendment) Bill, (National Assembly Bill No. 4 of 2024) .