MUTUNGA JOHN KANYUITHIA

Thank you, Hon. Speaker, for the opportunity to contribute on the issue of El Nino. You have one minute. Hon. Speaker, sometimes I marvel when we look at El Nino as a disadvantage or disaster in this country, instead of seeing it as an opportunity. Kenya is majorly dry and...

Thank you, Hon. Temporary Speaker, for giving me the opportunity to contribute to this Bill. Healthcare costs are punitive, especially for those holding elective offices in this country. I think it will be most welcome if there is any mechanism to relieve such costs to such people. That is why,...

Thank you, Hon. Temporary Speaker. I wish to thank the Member for bringing this particular Petition. Tigania West also borders a national reserve, the South Imenti Forest, which has elephants and other animals. We have frequent visits by the elephants in our constituency. People of Luuria, Kanjai and Kamitonga have...

Hon. Temporary Chairman, I want a clarification here. Does this have to come from the Authority or through the mother Ministry? I know that the process is that the mother Ministry makes the request to the House and then does disbursement to this particular entity. Will it have to come...

Hon. Temporary Chairman, I agree with the Chairman that it is punitive to have 10 per cent because there is a likely failure. This will encourage people to pay the arrears if they have them.

Thank you, Hon. Speaker, for giving me the opportunity to contribute to this Bill. I have looked through the Bill. I want to highlight a few issues as per my findings. I first noticed that the Bill uses the words ‘retrieval’ and ‘archival,’ which are not defined. Clause 21 (3)...

Thank you, Hon. Temporary Speaker, for giving me the opportunity to also add my voice to this debate. This Bill is a true manifestation of what inclusivity is all about. I believe and hope that in the ongoing discussions, such things will take centre-stage. Inclusivity in health care is very...

Hon. Temporary Chairman, the Committee does not have an amendment to Clause 18. 26th September 2023 NATIONAL ASSEMBLY DEBATES 54 The Temporary Chairman (Hon. David Ochieng’): Members, I plead that we all be attentive. We are now on Clause 19. Hon. Caroli has withdrawn his amendment. We are now considering...

Hon. Temporary Chairman, Clause 19 (2) (a) , which Hon. Oundo wants to amend, indicates that we are satisfied that the applicant is financially sound and solvent. Clause 19 (a) reads: “… it is of the opinion that the applicant is fit and proper”. Fit and proper in our opinion...

Hon. Temporary Chairman, I beg to move: THAT, Clause 20 of the Bill be amended—

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 22. 26th September 2023 NATIONAL ASSEMBLY DEBATES 58 The Temporary Chairman (Hon. David Ochieng’): What is in the Order Paper, Hon. Chairman? It proposes that Clause 22 of the Bill be deleted.(Question of the amendment...

Hon. Temporary Chairman, Hon. Oundo’s amendments are covered majorly by the Committee amendments. Therefore, if the Committee presented the amendments before, Hon. Oundo’s amendments would have just fallen. I propose that we take the Committee’s amendments. The Temporary Chairman (Hon. David Ochieng’) : Hon. Chairman, what do you mean by...

Hon. Temporary Chairman, maybe, it is semantics. I am not supporting Hon. Oundo’s amendments because they have been taken up by the Committee’s amendments. The Temporary Chairman (Hon. David Ochieng’) : Hon. Wangwe.

Hon. Temporary Chairman, I beg to move: THAT, Clause 24 of the Bill be amended— Hon. Temporary Chairman, sub- clause (1) as amended by the Committee is basically by deleting paragraph (a) and substituting it with a more enhanced paragraph. If you allow me, I can read these paragraphs. The...

Thank you very much for giving me an opportunity to defend myself especially from what my friend has said. With a lot of respect to the honourable professor, this is not a university. This is a research institute whose training content will only be innovations, technologies and management practices. He...

Hon. Temporary Chairman, if Hon. Nyikal has looked at the Committee's amendments, he should have seen that we actually introduced ‘sugar crop’ in the definitions section so that it covers all sugar crops. Wherever we have ‘sugarcane’ we have ‘sugar crops’ because it is possible to have sugar beets or...

It says, ‘sugar crop’ means ‘a crop grown for the purpose of sugar production, including sugarcane and sugar beets.’ He wants us to add “producing.” The Deputy Chairman (Hon. David Ochieng’) : Thank you. Let us have Hon. Nyikal.

In view of Hon. Nyikal’s amendment, we propose to remove paragraph (l) . The Temporary Chairman (Hon. David Ochieng’) : Is that Hon. Nyikal's amendment or your amendment? It is Hon. Nyikal’s amendment. Clause 24 (l) states: “breed sugarcane varieties suited for various agro-ecological areas of Kenya.” The Temporary Chairman...

Hon. Temporary Chairman, the amendments to Clause 24 (2) are for purposes of correcting, aligning and improving the definitions of all the provisions up to paragraph (x) . They are many and we have a further amendment being proposed. What Hon. Nyikal is proposing does not fit quite well. Therefore,...

Hon, Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 25 and substituting therefor the following new clause: Management of the Institute

Hon. Temporary Chairman, before I propose my amendment, I would like Members to respect each other. When somebody says that some Members have no brains, I would like that statement withdrawn. I think that it is very wrong for the Hon. Member from Busia to have said that, because she...

Hon. Temporary Chairman, I beg to move: THAT, Clause 28 of the Bill be amended—

Hon. Temporary Chairman, as I said earlier during debate on the previous clause, we do not need to bring in SRC into a sub- sectoral Bill because the Public Service Commission does consultations before they define the terms and conditions of engagement. One of the institutions they consult is SRC....

Hon. Temporary Chairman, I agree with Hon. Oundo’s amendment. (Question, that the words to be left out be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) (Part V as amended agreed to) Clause 29 The Temporary...

Hon. Temporary Chairman, I agree with Hon. Oundo’s proposed amendment except Clause 29 (4) and (5) . The only problem is that we need to change from Kenya Sugar Research Institute to the Board because these are the functions of the Sugar Board. The Temporary Chairman (Hon. David Ochieng’) :...

Hon. Temporary Chairman, let me explain something to Hon. Melly. In the Common Market for Eastern and Southern Africa (COMESA) trading system, it is discriminatory for us to put a lower levy percentage than what is there. It is against the law. We cannot do that. The Temporary Chairman (Hon....

Hon. Temporary Chairman, the Committee did not amend that clause. In view of the explanation that Hon. Nyikal has brought to the Floor of the House, it makes sense to have a lower levy because it is a penalty. (Question, that the words to be left out be left out,...

Hon. Temporary Chairman, we agree with the proposal by Hon. Oundo. (Question, that the words to be left out 26th September 2023 NATIONAL ASSEMBLY DEBATES 80 be left out, put and agreed to) (Question, that the words to be inserted in place thereof be inserted, put and agreed to) Hon....

I beg to move: THAT, Clause 42 of the Bill be amended by deleting sub-clause (1) and substituting therefor the following new sub clause— 26th September 2023 NATIONAL ASSEMBLY DEBATES 81 “(1) The Tribunal shall expeditiously determine any dispute before it but in any case, shall determine a dispute within...

I do not agree with the amendment by Hon. Shakeel. It is interfering with the court processes. They have their procedures and rules. We are likely to interfere with court processes if we fix a timeline. 26th September 2023 NATIONAL ASSEMBLY DEBATES 82 The Temporary Chairman (Hon. David Ochieng’): Thank...

Hon. Temporary Chair, I beg to move: THAT, Clause 49 of the Bill be amended— 26th September 2023 NATIONAL ASSEMBLY DEBATES 83 Hon. Temporary Chair, I beg to move: THAT, the Bill be amended by deleting Clause 51. This is to move to Clause 20 as Clause 20 (A) because...

Hon. Temporary Chair, please deal with the proposer. (Question of the further amendment proposed) The Temporary Chairman (Hon. David Ochieng’) : Hon. Chairman. I agree with the proposal. (Question, that the words to be inserted be inserted, put and agreed to) (Clause 53 as amended agreed to) (Hon. Nabii Nabwera...

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 54. The justification is that governance of private sugar mills should be in accordance with the Articles of Association to enable them to do their work. We do not want interference. The Temporary Chairman (Hon....

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 55. The Temporary Chairman (Hon. David Ochieng’) : Why are you deleting? Hon. Temporary Chairman, Clauses 55 and 54 basically provide for what we think is not correct. Private sugar mills allow individuals to sit...

Thank you. If we look at the spirit of Clause 54, it is specific that 51 per cent shareholding in a private mill sugar factory goes to the farmers. That is punitive. We know we can have arrangements, and we went to all the regions and visited about 11 sugar...

Hon. Temporary Chairman, I beg to move: THAT, the Bill be amended by deleting Clause 56. The Committee recommends that Clause 56 be deleted because we have moved the Third Schedule into the Regulations. The Clause is referring to provisions that have already been deleted from the Bill. (Question of...

I need to first consult my team. The Temporary Chairman (Hon. David Ochieng’) : Please, go ahead. (Hon. (Dr) John Mutunga consulted the Committee Members) . Give the Hon. Chairperson the microphone. He is back. Hon. Chairperson we are waiting for you. Hon. Temporary Chairman, we have agreed to further...

The Committee was of the opinion that the Privatisation Act is sufficient. So, there is no need of bringing it now. The Temporary Chairman (Hon. David Ochieng’) : Thank you. Yes, Hon. Oundo.

Hon. Temporary Chairman, I beg to move that the new Clauses 17A and 17B be now read a Second Time. The Temporary Chairman (Hon. David Ochieng’) : Go ahead. Registration of millers. Registration of a grower to a factory 26th September 2023 NATIONAL ASSEMBLY DEBATES 92 Clause 17A is about...

Hon. Temporary Chairman, I beg to move that the new clause 19A be now read a Second Time. (Question, that the new clause be read a Second Time, proposed) (Hon. (Dr) Ojiambo Oundo raised his hand) The Temporary Chairman (Hon. David Ochieng’) : Hon. (Dr) Oundo, allow me to put...

Hon. Temporary Chairman, we proposed amendments to Clause 20. They had that language. We made it very sharp. I would like to read Clause 20. Clause 20 (1) says that: “A person shall not import or export sugar crop, sugar or sugar byproducts without a valid licence issued by the...

Hon. Temporary Chairman, Clause 22 (A) as proposed by Hon. (Dr) Oundo is already provided under Clause 4 (n) and I would like to read Clause 22 (4) (n) . Sub-clause 4 (n) gives the board the power to enforce and monitor. The Temporary Chairman (Hon. David Ochieng’) : Sub-clause...

Yes, New Clause 53A. Hon. Temporary Chairman, I beg to move that New Clause 53A be now read a Second Time. New Clause 53A is about general penalty. New Clause 53A (1) states that a person who contravenes any of the provisions of this Act commits an offence. New Clause...

I want to contribute. The Temporary Chairman (Hon. David Ochieng’) : Go ahead. Hon. Temporary Chairman, we had not looked at the Sugarcane Pricing Committee which right now is domiciled at the regulatory body’s headquarters. It is important to have a pricing committee. So, in consideration of the mood of...

Hon. Temporary Chairman, I would like to start by defining a catchment area as per this Bill. A sugar catchment area is defined as a specific geographical area where farmers are clustered within a suitable sugar catchment area for purposes of election to the board under the First Schedule. These...

Hon. Temporary Chairman, I do not think we are making very good progress. We would like to move a further amendment. The Temporary Chairman (Hon. David Ochieng’) : Hon. Nabii, we are discussing your amendment and that is why I want to hear from you.

Hon. Temporary Chairman, I beg to move that the First Schedule be further amended… The Temporary Chairman (Hon. David Ochieng’) : No, you are amending and not further amending. Thank you, Hon. Temporary Chairman. I beg to move that the First Schedule by Hon. Nabii be amended to include Kisii...

Hon. Temporary Chairman, I beg to move: THAT, the Second Schedule be amended by deleting paragraph (1) . The reason is that the Second Schedule is already provided for in Clause 8 of the Bill. (Question of the amendment proposed) (Question, that the words to be left out be left...

Hon. Temporary Chairman, we have defined mill gate as a site designed as such by the board where sugar crops are received, weighed and tested. We have changed that definition. It has been amended as it was in the Committee’s amendments. The Temporary Chairman (Hon. David Ochieng’) : Just a...

Hon. Temporary Chairman, we have the definition of a sugar by-product. A by-product includes ethanol, bagasse, and other things. They are already covered. The Temporary Chairman (Hon. David Ochieng’) : Where is that definition so that I direct the Member to it? Let me show you. It is on the...

Thank you, Hon. Temporary Speaker. Clause 6 (1) has paragraphs (a) and (b) . Paragraph (a) has to do with the appointment of the chairperson of the board. We recommit it to indicate that there shall be a non-executive chairperson, appointed by the President, who holds, at least, a degree...

Hon. Temporary Speaker, with respect to Clause 6, the import of the amendment is to increase representation of sugar millers, taking into consideration the representation of private and public companies on the board. Further, it also aligns the appointment of the chairperson in line with the Mwongozo Code. On the...

I propose that Clause 6 be amended as per the recommittal provision. Is there anything like that? The Temporary Chairman (Hon. David Ochieng’) : As per the Order Paper, Hon. Member. Hon. Temporary Chairman, I beg to move: THAT, Clause 6 (1) of the Bill be amended- The reason is...

Thank you very much, Hon. Temporary Chairman. This is a State corporation and not a farmers' organisation. It is a Semi- Autonomous Government Agency (SAGA) . (Hon. (Dr) James Nyikal spoke off the record) Let me finish, Hon. Nyikal. You were given a chance to contribute. If you look at...

Hon. Temporary Chairman, I beg to move: 26th September 2023 NATIONAL ASSEMBLY DEBATES 117 THAT, Clause 14 of the Bill be amended by deleting sub clause (1) and substituting therefor the following new sub clause (1) ― “(1) There shall be a Chief Executive Officer of the Board who shall...

Thank you, Hon. Temporary Chairman. I beg to move: THAT, Clause 34 of the Bill be amended— Hon. Temporary Chairman, I beg to move: THAT, Clause 34 of the Bill be amended— Further, the 15 per cent that shall go to infrastructural development and maintenance shall be managed by KeRRA...

Hon. Chairman, we went around and engaged the farmers, factory owners and other stakeholders. The efficiency of the factories determines the yield of the sugar from the cane. Inefficient factories lead to losses for the farmers. So, if the factories are inefficient because of lack of maintenance funds, then the...

On a point of order, Hon. Temporary Speaker.

Yes, Hon. Temporary Speaker. Hon. Kiarie has said that the Board is likely to manage the fund. I would like to create comfort for all the Members of this House that the Sugar Board will not manage any funds. There shall be the Commodities Fund, where the funds will be...

Thank you, Hon. Temporary Speaker, for the opportunity. I was getting worried because it appears like we are just about to adjourn. Let me say a few things. I want to underscore the importance of the sector. The bodaboda industry is important. Bodaboda riders are the real hustlers in this...

Thank you very much, Hon. Temporary Speaker. I want to speak on a very specific issue that concerns me. The Cabinet Secretary has said that he is up to the task and he has everything in control. When it comes to communication, I would like to ask him whether he...

Hon. Temporary Chairlady, I beg to move: THAT, Clause 5 of the Bill be amended—

Hon. Temporary Chairlady, for purposes of Members’ understanding, Hon. Caroli Omondi is trying to ensure that we exclude feed from the entire Bill and just focus on food. I would like Members to note that the best practices on food safety management demand a holistic approach. We cannot just talk...

Hon. Temporary Chairlady, we will be forced to add the words “and animal” everywhere. In the definition section, we have defined properly what feed is all about. So, we do not need to add the words “and animal” anywhere. On the other hand, there was also an amendment on the...

I support the Hon. Chair. (Question, that the words to be inserted be inserted, put and agreed to) (Clause 6 as amended agreed to) Clause 7 23rd August 2023 NATIONAL ASSEMBLY DEBATES 58

Hon. Temporary Chairlady, I beg to move: 23rd August 2023 NATIONAL ASSEMBLY DEBATES 60 THAT, Clause 9 of the Bill be amended—

Hon. Chair we adopt that proposal. 23rd August 2023 NATIONAL ASSEMBLY DEBATES 61 (Question, that the words to be inserted be inserted, put and agreed to)

Hon. Temporary Chairlady, I believe the provisions in the Bill are sufficient. (Question, that the words to be inserted be inserted, put and negatived) (Clause 11 agreed to) Clause 12

We have enough provisions on employment, Hon. Temporary Chairlady. She has cited the Constitution. I believe the Employment Act also proposes as much.

Hon. Temporary Chairlady, that amendment has already been withdrawn. He withdrew all amendments on feed in the entire Bill. Thank you. The Temporary Chairlady (Hon. Martha Wangari) : The amendment is withdrawn. (Proposed amendment by Hon. Yusuf Adan withdrawn) Yes, Hon. Millie Odhiambo, proceed. (Hon. Silvanus Osoro spoke off the...

Hon. Temporary Chairlady, there are two levels of licenses - certificates and permits. The Controller will issue permits, 23rd August 2023 NATIONAL ASSEMBLY DEBATES 64 certificates, and licenses to the competent authorities. That is what we are referring to here. We are not talking about any other food handlers. I...

Let us adopt that amendment, Hon. Temporary Chairlady.(Question, that the words to be inserted be inserted, put and agreed to)(Clause 27 as amended agreed to)(Clauses 28, 29 and 30 agreed to)Clause 31The Temporary Chairlady(Hon. Martha Wangari): There is an amendment by Hon. Millie.

Let us adopt the proposed amendment. The Temporary Chairlady (Hon. Martha Wangari) : Departmental Committee Chairperson, I want to remind you that the adoption is up to the House. You can say that you support it. (Question, that the words to be inserted be inserted, put and agreed) (Clause 33...

Hon. Temporary Chairlady, I support the proposal. (Question, that the words to be inserted be inserted, put and agreed to)

Hon. Temporary Chairlady, the definition of “food” is sufficient. “Food” means a processed, semi-processed, or raw substance 23rd August 2023 NATIONAL ASSEMBLY DEBATES 70 consumed. You cannot consume a sufuria. Anything that is consumed is assumed to be edible. I do not support that amendment.Hon. Temporary Chairlady, I have another...

I support the amendment. The Temporary Chairlady (Hon. Martha Wangari) : Thank you. (Question, that the words to be added be added, put and agreed to) The Temporary Chairlady (Hon. Martha Wangari) : Millie, move your amendment on the definition of the word “hazard.”

Hon. Temporary Chairlady, before we go to the Long Title, arising from the adoption of Hon. Millie Adhiambo’s amendment on the definition of “controller,” we need to define “controller” correctly, which means “food and feed safety controller”. Hon. Temporary Chairlady, we must add the words “and feed” in the definition...

Thank you very much, Hon. Temporary Speaker, for the opportunity.

Thank you very much, Hon. Temporary Speaker. I appreciate the fact that people are tired. I remember what happened in the last Parliament. Sometimes, we would stay up until midnight to pass important legislation. The other issue is about sugar levels. Sugar in the body is different from the sugar...

Thank you, Hon. Temporary Speaker, for giving me the opportunity to contribute to this Bill. (Loud consultations) 22nd August 2023 NATIONAL ASSEMBLY DEBATES 33

Hon. Temporary Speaker, let me take a few minutes to lay out this framework. First, the UNFCCC discussed climate and said it was important to have the standards. The Kyoto Protocol defined the framework, but there were no commitments. Then, there was the Paris Declaration, which committed countries to reducing...

Thank you, Hon. Temporary Speaker. On behalf of the Member for Maara Constituency, I also salute the pupils from Iruma Primary School. I studied at Chogoria Boys High School, which is near that area. I know where Iruma Primary School is. I want them to keep working hard to seek...

(Inaudible) . You have it. Thank you, Hon. Temporary Speaker. Hon. Temporary Speaker, the reason why we are raising some of these issues is because Kenya needs to be protected. Who in Kenya do we need to focus on? We need to focus on real estate agents. In most cases,...

Thank you, Hon. Deputy Speaker for the opportunity to also contribute to this Bill. The Food and Feed Safety Coordination Bill comes in to coordinate the control of safety in feed and food. Safety is important because lack of it can lead to infection and infestation. Lack of proper coordination...

Hon. Temporary Speaker, thank you very much for the opportunity to reply on the Motion, the inquiry into the maize flour subsidy of last year. I would like to thank the Members who had an opportunity to speak to this Motion especially those who had an opportunity to read the...

Thank you, Hon. Temporary Speaker, for the opportunity to contribute to this Motion on the adoption of the Report of the Committee on the Excise Duty Regulations as an interpretation of the Act that was passed in

Thank you, Hon. Temporary Speaker for the opportunity to contribute to this particular Motion. I thank the Committee for doing a good job and for presenting the Report ably. This Report is very clear. Declared funds are some of the resources that most of the Kenyans use especially the ones...