MUTUNGA JOHN KANYUITHIA

Thank you, Hon. Temporary Speaker, for the opportunity to contribute. This Bill is important to us. We all know exactly where we have come from, and we know the work the Committee has done to come to this point. We lost the Finance Bill, 2024. Since then, nothing has stopped....

Hon. Temporary Speaker, I hope I have not bored the lady. She sounds quite fed up. (Laughter) 3rd December 2024 NATIONAL ASSEMBLY DEBATES 58 with devolved units. Therefore, what the counties demanded as per the proposed Budget yet they knew there was no Finance Bill in place, was unrealistic. However,...

Thank you, Hon. Temporary Speaker for protecting me. I share the name ‘John’ with the Hon. Member. He took the other chance that I was given. I stand to support the adoption of the waiver of the moratorium. Electricity is key to development. It basically opens up opportunities for people....

Thank you, Hon. Temporary Speaker. I salute Hon. (Dr) Makali Mulu not only for coming up with the amendment of this Act but also for taking time to educate Members on its content. He spoke very strongly about the proposed changes. They are for the good of retired Members of...

Hon. Temporary Chairman, I beg to move a further amendment to Clause 8 by inserting the words “choice of”: THAT, Clause 8 of the Bill be amended by inserting the following new subclause immediately after subclause (1) — “ (2) for purposes of this section, “coffee management” means the process...

Hon. Temporary Chairman, Clause 8 of the Bill is on qualifications for appointment to the Coffee Board of Kenya. Clause 8 (1) talks of the qualifications of the persons appointed under Clause 7 (1) (a) ,

Hon. Temporary Chairman, I beg to move: THAT, Clause 79 of the Bill be further amended in sub-clause (3) by providing that a person with a Doctor of Philosophy will have an added advantage. Hon. Temporary Chairman, Clause 79 proposes qualifications of the CEO of the Coffee Research and Training...

Thank you Hon. Speaker. I have a response from the Ministry of Agriculture and Livestock Development on the Statement Hon. Dorice Donya requested. The request had three parts and the response is structured in three parts. The first part deals with the criteria used to determine the rate of annual...

I will do the needful, Hon. Speaker. Even as I do that, I think it is important for the Member to realise that it is not… Hon. Mutunga, listening to your answer raises more questions than answers. (Applause)(Applause) I will do exactly that, Hon. Speaker.

Hon. Speaker, I have another response for Hon. Brighton Yegon. He is not here. I wish to lay it on the Table of the House.

Thank you for the opportunity to make a few comments on the President’s Address. The Address comes subject to Article 132 (1) (c) . It articulates measures towards realisation of national values and principles of governance in this country. These values are clearly outlined in Article 10 of the Constitution....

Hon. Temporary Chairlady, I beg to move: THAT, Clause 11 of the Bill be amended— Hon. Temporary Chairlady, I beg to move: THAT, Clause 12 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclauses— “ (2) The Board of directors may co-opt persons...

I beg to move: THAT, Clause 23 of the Bill be amended— Hon. Temporary Chairlady, I beg to move: THAT, Clause 24 of the Bill be amended by—

Hon. Temporary Chairlady, I beg to move: THAT, Clause 25 of the Bill be amended—

Hon. Temporary Chairlady, that amendment is agreeable because there are three licensing authorities. The county governments, the Board and the Capital Markets Authorities (CMA) . Even if we say it is a licensing authority, it is synonymous. (Question, that the words to be left out be left out, put and...

Hon. Temporary Chairlady, I would like to refer Members to the Second Schedule of the Bill. It is explicitly clear on which licences, permits or certificates would be levied by which organisation. Warehouse licence, coffee nursery certificates, pulping station licence, grower-miller licence, coffee roaster licence, parchment permit from the county...

Hon. Chairlady, I beg to move: THAT, Clause 30 of the Bill be amended by deleting subclause (2) and substituting therefor the following new subclause— Cap.485A “ (2) A person shall not conduct the business of a coffee exchange, agent or offer brokerage services at the exchange unless that person...

Hon. Chairlady, I beg to move: THAT, Clause 33 of the Bill be amended in subclause (5) , by deleting the words “county executive committee member” and substituting therefor the words “county government”. We are only changing the terminology from “county executive committee member” to “county government”. (Question of the...

Hon. Temporary Chairlady, I beg to move: THAT, Clause 39 of the Bill be amended—

Hon. Temporary Chairlady, I beg to move: THAT, Clause 40 of the Bill be amended in subclause (1) by inserting the words “and licensed” immediately after the words “been registered”. The import of this amendment is that registration alone is not sufficient. So, we need to do registration and licensing...

Hon. Temporary Chairlady, I beg to move:THAT, Clause 45 of the Bill be amended in subclause(3)by deleting the word “comprehensive” appearing in paragraph(b). We removed the words “comprehensive insurance” because we do not talk about it when insuring crops or crops products.(Question of the amendment proposed)(Question, that the word to...

There is nothing materially wrong with having it as prescribed.

I beg to move: THAT, the Bill be amended by deleting Clause 48. The reason is that we have introduced a New Clause 45A to improve its flow. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you. (Question of the amendment proposed) Hon. Melly.

I would like to refer the Members to a New Clause 45A, which will be moved later after we are done with the amendment. Clause 45A is exactly like Clause 48. We have brought it forward for purposes of enhancing the rule of law. The Temporary Chairlady (Hon. (Dr) Rachael...

Hon. Temporary Chairlady, I agree with Hon. Oundo's amendment. I think it makes a lot of sense. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you very much. (Question, that the word to be left out be left out, put and agreed to) 26th November 2024 NATIONAL ASSEMBLY DEBATES...

Hon. Temporary Chairlady, I would like the Members to go to the definitions where an “exchange” is defined as a company incorporated under the Companies Act and licensed by the Capital Markets Authority as an exchange for trading in clean coffee. That is the only definition. The coffee 26th November...

Hon. Temporary Chairlady, I beg to move: THAT, Clause 57 of the Bill be amended— Hon. Temporary Chairlady, I beg to move: THAT, the Bill be amended in Clause 60–

I beg to move: THAT, Clause 61 of the Bill be amended in— I beg to move: THAT, Clause 64 of the Bill be amended—

Hon. Temporary Chairlady, we have put 10 per centum to counties growing coffee on a pro-rata basis. Pro-rata means that the more coffee you grow, the more support you get. The 10 per cent will be apportioned to crop development in those counties. This is expansion of the new areas....

Is there somebody else?(Loud consultations) Thank you very much, Hon. Temporary Chairlady. One, the reason we are saying that 5 per cent should go to CRTI is because we want it to develop technologies, innovations, and management practices for coffee, as well as new varieties for new areas, so that...

Hon. Temporary Chairlady, I beg to move: THAT, the Bill be amended by deleting Clause 73 and substituting therefor the following new clause— 26th November 2024 NATIONAL ASSEMBLY DEBATES 68 Term of appointment. Hon. Temporary Chairlady, I beg to move: THAT, Clause 74 of the Bill be amended in paragraph...

Hon. Temporary Chairlady, I apologise for saying we limited the number of persons who can be co-opted. We removed the limit. I will tell you the reason. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : You removed the limit? This is research on training institutes generating technologies, innovations, and management...

We know that allowances are also remunerations. Therefore, there is no need to say allowances and remunerations. We just call them remunerations. Therefore, we deleted the words. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Thank you Chairman. (Question, that the words to be left out be left out, put...

Hon. Chair, we are discussing reality here. We are talking about a research institute that will come up with innovations. (Loud consultations) Hon. Chair, I want to be heard. We gave everybody a chance. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) : Hon. Members, you seem very interested in this...

Hon. Temporary Chairlady, let us first be guided by Hon. Nguchine on which standard is good. Which standard is he talking about? 26th November 2024 NATIONAL ASSEMBLY DEBATES 77 Secondly, we do not want to encourage redundancy. The more time you give, the more people will relax. Three months is...

Yes, Hon. Temporary Chairlady. Let us now think as a House. First, the provision concerns if somebody giving such information makes a statement they know to be false. That person is lying or committing an offence. I think the Ksh50,000 provision is low for this case. Is Ksh50,000 too much...

I just wanted to say that this is not about the research information or the research product but information about the institution. Secondly, people hide under Article 35 of the Constitution on the release of information or the right to information, even if this information is held by an institution...

Hon. Temporary Chairlady, I would like to read the provision for the record of the House. Clause 95 (1) reads as follows: Pursuant to Article 24 of the Constitution, the right to access to information under Article 35 of the Constitution shall be limited with respect to information whose disclosure...

Hon. Temporary Chairlady, I beg to move: THAT, Clause 105 of the Bill be amended by inserting the words “and shall undergo a skills audit to determine suitability” immediately after the words “Cabinet Secretary”. The essence of this amendment is to have a skills audit to determine suitability of the...

Hon. Temporary Chairlady, I declare to Hon. Mwenje, with a lot of respect, that I do not qualify to be a staff of 26th November 2024 NATIONAL ASSEMBLY DEBATES 86 the Coffee Research and Training Institute of Kenya. I have never studied coffee in my life to the level that...

Hon. Temporary Chairlady, when we were discussing Clause 48, I said it had been moved to become the New Clause 45A. It was moved exactly the way it was for purposes of alignment. We have not introduced anything, Hon. Mwenje. (Several Members spoke off the record) The Temporary Chairlady (Hon....

I beg to move: 26th November 2024 NATIONAL ASSEMBLY DEBATES 89 THAT, the Second Schedule to the Bill be amended by—

Hon. Temporary Chairlady, first, we have defined the term “licensing authority” in the definitions immediately after the definition of the term “institute”. The term “licensing authority” means the Board, the county government, or the Capital Markets Authority. Either one of them is a licensing authority. We have used the word...

Hon. Temporary Chairlady, I beg to move: THAT, Clause 2 of the Bill be amended by—

First of all, there is need for us to include direct sales. I agree with Hon. Gichimu that the definition of a buyer is not included. We need to consider his amendment. On the other issue of smallholders, I would like to read the definition for the House to make...

Hon. Temporary Speaker, I beg to move that I be allowed to recommit Clause 8 of the Bill. Who is seconding you? Hon. Temporary Speaker, I beg to move that the Motion be amended by inserting the following words: Subject to recommittal of Clause 8. Seconder. I request Hon. Gichimu...

It is possible to get the answers next week, Hon. Speaker. I believe they are all available. Thursday morning? Yes, Thursday morning.

That will happen, Hon. Speaker.

Thank you, Hon. Speaker. I stand on the view that the Cabinet Secretary needs to be better prepared, and with reasons. We are talking about a sensitive issue in the sense that it is science, and let us not joke around. There is a problem. Any rejection of any product...

Thank you, Hon. Deputy Speaker. I would like the Cabinet Secretary to confirm something. First, we are not banning the harvesting of macadamia nuts because of pressure from the manufacturers or the processors. They lobby very strongly. The last time there was a ban on the exportation of 20th November...

Hon. Chairlady, I have no objection to that proposal by the Deputy Leader of the Majority Party. Thank you.

Thank you, Hon. Deputy Speaker. Let me inform the House that today’s status quo is because we have a lot of business in the Order Paper. We should have stood down the business. Members of my Committee and Members of the Coffee Caucus were waiting. Even yesterday, they were full-house...

On a point of order, Hon. Deputy Speaker. 20th November 2024 NATIONAL ASSEMBLY DEBATES 67 We have many points of order. What is your point of order, Hon. John Mutunga Kanyuithia? Hon. Deputy Speaker, what the Deputy Leader of Majority Party is saying is that we have no quorum. I...

Hon. Temporary Speaker, thank you very much for giving me an opportunity to speak today. As a House of records, and a House that is supposed to defend Kenyans, we should be data-oriented. We should use facts. Any statement that comes here should have verifiable data with names. I come...

On a point of order, Hon. Temporary Speaker. Daktari Mutunga. Hon. Temporary Speaker, I am very disappointed that we are discussing an issue of no consequence in this House. Those games were taken to Mombasa deliberately because Kenya has to showcase to the East African countries, especially the East African...

Hon. Temporary Speaker, I am happy to be part of this discussion today to actually support this Bill and also to hear our brothers and sisters from the Coast. County governments were created as units of development and any development worldwide requires resources. So, it is in order for counties...

Hon. Speaker, when I stood here yesterday and spoke about Tigania West Constituency, some of the Members laughed at me. 14th November 2024 NATIONAL ASSEMBLY DEBATES 16 That is a constituency that has only 9 kilometres of tarmac in total. I am talking about tisa in Kiswahili. We are in...

Thank you very much, Hon. Speaker, for giving me the opportunity to contribute to the Co-operatives Bill, (National Assembly Bill No. 7 of 2024) . I wish to thank the Committee for a job very well done. I am not a member of this Committee, but co-operatives are dear to...

Hon. Temporary Chairlady, I am bearing in mind that the Chairman has said they were very thorough. They have looked through the Bill intensively and they are sure that all the penalties have been provided for. It will be in order to delete. The Temporary Chairlady (Hon. (Dr) Rachael Nyamai)...

Hon. Temporary Chairlady, I beg to move: THAT, Clause 3 of the Bill be amended— [The Temporary Chairlady (Hon. (Dr) Rachael Nyamai) left the Chair] [The Temporary Chairman (Hon. Farah Maalim) took the Chair]

Hon. Temporary Chairman, I beg to move: THAT, Clause 6 of the Bill be amended—

I beg to move; THAT, Clause 7 of the Bill be amended—

Hon. Chair, I would like to refer to the Member that the provision is for the two to be represented, not one. The small-scale farmers have their own association. The large-scale farmers also need representation in the board. If you leave any of the two, you create a conflict, which...

Hon. Temporary Chairman, we should not do away with the large-scale farmers who also represent the estates. There is no provision for the estates in Clause 7. This is the amended version of the clause. Look at the amendment on the Order Paper. Do not look at the original Bill....

The amendment to Clause 7 (1) (e) on the Order Paper reads: 14th November 2024 NATIONAL ASSEMBLY DEBATES 48 Small scale farmers are represented twice and that is better for the sector.

Okay, Hon. Temporary Chairman, 14th November 2024 NATIONAL ASSEMBLY DEBATES 49 (Proposed amendment to Clause 7 withdrawn) My intention is to move that Clause 8 be amended as per the Order Paper, but be further amended. I do not know whether it is correct. We have inclusions in Clause 8...

Hon. Gichimu's amendment was to lift the requirement that the farmer must have experience preferably in management in the coffee sector. The Temporary Chairman (Hon. Farah Maalim) : To be a member of the board? To be a member of the board, one should have a minimum of secondary school...

Hon. Temporary Chairman, this particular clause is bringing a lot of issues. The original version of this Bill is very, very clear. Let us look at the amendment versus the original version of the Bill. The amendment seems to be knocking out 8B. It, therefore, seems to be doing away...

Hon. Temporary Chairman, we are talking about the Coffee Board of Kenya. 14th November 2024 NATIONAL ASSEMBLY DEBATES 54 The Temporary Chairman (Hon. Farah Maalim): That is what I thought. This is the Coffee Board of Kenya. It has absolutely nothing to do with what happens in the villages. Let...

Hon. Temporary Speaker, I would like to pick from what Hon. Wamuchomba has said. There are very many coffee farmers who are not the actual ones. By this, I mean farmers who have never managed coffee farms, 14th November 2024 NATIONAL ASSEMBLY DEBATES 56 processing or anything else. Let us...

Yes. I would love to bring a recommittal of clause 8. The Temporary Chairman (Hon. Farah Maalim) : You will re-commit clause 8 and accommodate Hon. Gichimu's emotional sentiments. His heart is in the coffee sector, and he really wants to protect small farmers. You are going to bring that...

Hon. Temporary Chairman, I do not have an objection to that proposed amendment, but KEBS is a legal entity. It is a corporate body that is recognised by the law of Kenya. The Member needs to convince us why we should not quote it. The Temporary Chairman (Hon. Farah Maalim)...

No. I would like to refer the House to function (m) . The Temporary Chairman (Hon. Farah Maalim) : Which one? (m) of Clause 11? Clause 11 (m) . It states: "Conduct surveillance and enforce compliance with relevant policy standards and legislation of the coffee sector." That opens up for...

Hon. Temporary Speaker, the provisions in this particular clause are stated simplistically. What does my very learned friend, if I may use that word, understand by "in collaboration with"? What does Dr Oundo understand when we say 'in collaboration with'? Does it mean it must be KEBS? It also presumes...

Let me remind ourselves again that the standards are not being developed by the farmers, but by the Coffee Board of Kenya in consultation with KEBS. The Temporary Chairman (Hon. Farah Maalim) : The Question is, why close that in consultation to just one standards' body? Who is the competent...

Thank you Hon Speaker. My supplementary question is on the same money committed to pay for contracts that have already been issued. I have a case in my constituency where a road was estimated to be done at Ksh4,000,000 and only Ksh3,000, 000 was available. I went back to the...

Thank you, Hon. Speaker. I have several roads in Tigania West and none of them has works going on. I do not want to speak about St. Anne-Kagaene-Miomponi Road because I want a meeting with the Cabinet Secretary. My desperation is that the capture of this road has always been...

Hon. Speaker, let me explain this particular one. Let him finish. Hon. Speaker, there is a road which I forced ITS upgrading. I went to the National Roads Board Convention and pushed for movement of a road from KeRRA to Kenya National Highways Authority (KeNHA) . That road has not...

Hon. Temporary Speaker, I beg to lay the following Paper on the Table: Report of the Departmental Committee on Agriculture and Livestock on its consideration of the Agricultural Professionals Registration and Licensing Bill (National Assembly Bill No.19 of 2024) . Thank you, Hon. Temporary Speaker.