August 30, 2018 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Thursday, 30th August, 2018 The House met at 2.30 p.m. [The Speaker (Hon. Justin Muturi) in the Chair] PRAYERS COMMUNICATIONS FROM THE CHAIR Hon. Speaker: The Members who are unable to sit could find a way of ensuring that they are able to sit. DELEGATION FROM AFRICA-UK Hon. Speaker: Hon. Members, I wish to introduce to you delegates attending the first Africa–United Kingdom (UK) Public Accounts Committee Workshop hosted by the Commonwealth Parliamentary Association-UK, (CPA-UK) in collaboration with the Parliament of Kenya. The delegates, seated in the Speaker’s Row, comprise of parliamentarians who are members of Public Accounts Committees or equivalent committees from 10 countries. They are: (1) Cameroon - Hon. Moutymbo Rosette Julienne Epse Ayayi, Member of Parliament (MP) and Chairperson and two other Members. (2) Ghana - Hon. James Klutse Avedzi, MP and Chairperson and two other Members. (3) Mauritius - Hon. Marie-Aurore Marie-Joyce Perraud, MP and Chairperson and one other Member. (4) Mozambique - Hon. Esperanca Laurinda Franscisco Nhiuane Bias, MP and Vice- Chairperson and one other Member. (5) Namibia - Hon. Mike Kavekotora, MP and Chairperson and two Members. (6) Nigeria - Hon. Kingsley Chinda, MP and Chairperson and one other Member. (7) Seychelles - Hon. Jean-Francois Ferrari, MP and Chairperson and one other Member. (8) Sierra Leone - Hon. Sengehpoh Solomon Thomas, MP and Chairperson and two other Members. (9) The Gambia - Hon. Muhamed Magassy, MP and Chairperson and two other Members. (10) United Kingdom - Hon. Meg Hillier, MP and Chairperson. Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. August 30, 2018 PARLIAMENTARY DEBATES 2 The delegations are also accompanied by committee clerks and officials from CPA-UK. The delegates are here for a three-day workshop which will focus on regional challenges and opportunities through effective exchange of knowledge and practice, and collaboratively develop an approach for pan-Commonwealth coordination of Public Accounts Committee work. On my own behalf and that of the House, I wish to welcome them to the National Assembly and wish them fruitful engagements during the workshop. (Applause) Hon. Members, I ought to have mentioned that, also in that delegation is the Chairperson of the Public Accounts Committee - Kenya, Hon. Opiyo Wandayi, MP. (Laughter) CPA-UK TRAINING ON PARLIAMENTARY PRACTICES AND PROCEDURES Hon. Speaker: Hon. Members, the second Communication relates to the CPA-UK Branch, which has over the years partnered with parliaments of member-States to the Association on a wide range of capacity-building programmes for legislators and staff of parliaments. The Parliament of Kenya has, indeed, benefitted from initiatives by the CPA-UK, which has carried out several capacity-building programmes for Members and staff, both locally and at the seat of the UK Parliament in London. Some of the programmes include the annual Westminster Seminar on Parliamentary Practice and Procedures, the Westminster Seminar for Public Accounts Committee as well as various tailored trainings for Members and staff of our Parliament. The programmes have been noted to be key in improving mastery and flair of parliamentary procedures among Members of Parliament. Several Members, including the Leader of the Majority Party, Hon. Duale, the Leader of the Minority Party, Hon. Mbadi, and Hon. Kimunya, among others, have benefited from the programmes. The CPA-UK, in collaboration with the National Assembly of the Republic of Kenya, has organised a two-day training programme for Members of Parliament on Friday 5th and Saturday 6th October, 2018 at a venue to be confirmed later. The programme is aimed at furthering Members’ understanding of parliamentary practices, including a comparative analysis of other jurisdictions. Some of the topics to be covered include parliamentary oversight in a presidential system, ethics and integrity of Members, decorum and order in the House, conduct of parliamentary inquiries and parliamentary control and scrutiny on delegated legislation. Participants will get a rare opportunity to interact with two key facilitators, namely, Lord David Steel, a seasoned British Liberal Democrat, whose legislative career was launched in 1965 and has been a Member of the House of Lords since 1997, and Baroness Hillary Armstrong, who was made a peer in July 2010, having retired from the House of Commons after twenty-three years. Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. August 30, 2018 PARLIAMENTARY DEBATES 3 The programme targets Members interested in improving their procedural flair, whether serving their first or subsequent term. In this regard, Members desirous of participating in the programme are required to register their interest with the Office of the Clerk by Friday, September 14th 2018. Given the limited slots available, only the first 60 Members to register will be considered for the training. PETITIONS ILLEGAL ARREST OF MR. DON BOSCO GICHANA OOGA Hon. Speaker: Hon. Members, Standing Order No.225(2)(b) requires that the Speaker reports to the House any Petition other than those presented through a Member. I, therefore, wish to convey to the House that my Office has received a Petition from Mr. Dan Okemwa of P.O. Box 8271-00200, Nairobi, regarding the alleged illegal arrest of Mr. Don Bosco Gichana Ooga by Kenyan authorities and his handover to Tanzanian authorities. The Petitioner alleges that Don Bosco Gichana Ooga was illegally arrested by Kenya authorities in March 2013 at the Namanga border, transferred to Tanzanian authorities under unclear circumstances and has been in detention in a remand prison in Dar-es-Salaam, Tanzania for five years without trial since his arrest. The Petitioner further states that there has been an abuse of the legal process and court orders relating to Don Bosco Gichana, which has led to his prolonged stay in prison. The Petitioner, therefore, prays that the National Assembly investigates into the matter and establishes whether diplomatic protection has been offered to Don Bosco Gichana and recommends any action to be taken to safeguard his human rights and ensure he receives justice. Pursuant to the provisions of Standing Order No.227, this Petition, therefore, stands committed to the Departmental Committee on Defence and Foreign Relations for consideration. The Committee is requested to consider the Petition and report its findings to the House and the Petitioner in accordance with Standing Order No.227(2). Let us have Hon. Alfred Keter. DISMISSAL AND BLACKLISTING OF EMPLOYEES OF EASTERN PRODUCE KENYA Hon. Alfred Keter (Nandi Hills, JP): Thank you, Hon. Speaker. I wish to present a public Petition regarding the dismissal and blacklisting of employees of Eastern Produce Kenya (EPK). I, the undersigned, on behalf of dismissed and blacklisted employees of EPK vested in Nandi Hills Constituency, draw the attention of the House to the following: THAT, the economy of Nandi Hills Constituency mainly relies on existing tea estates of EPK Limited, which is the largest multinational company in the Rift Valley consisting of about 12 out of 20 tea factories in Nandi County, namely Kibabet, Kapsumbeiwa, Kipkoimet, Kepchomo, Chemomi, Savani, Sitoi, Kaboswa, Kipkeibon, Siret, Kaprachoge and Kibwari. Disclaimer: The electronic version of the Official Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor. August 30, 2018 PARLIAMENTARY DEBATES 4 THAT, the said multinational company provides employment to over 40,000 workers who are drawn from within Nandi Hills Constituency and other parts of the country. THAT, the termination erupted two years ago after the ruling of the Employment and Labour Relations Court that all tea industries in Kenya to hike their employees’ payment by 30 per cent. THAT, EPK allegedly disregarded the decision of the Employment and Labour Relations Court forcing the employees to exercise their constitutional right of seeking justice through demonstrations. THAT, EPK Limited did not honour the court’s verdict hence employees held demonstrations to express their displeasure and dissatisfaction. THAT, the summary dismissal of the said employees was based on a blanket judgement, hence it was irregular and breaches the constitutional provisions in the bill of rights. THAT, in 2016, the employees petitioned the Court to have their salaries reviewed based on the advice from the Central Organisation of Trade Unions (COTU). THAT, the dismissal was unlawful since some of those dismissed were sick inwards while others were on leave. THAT, further, the dismissal was erroneous and against rules of natural justice since employees were not accorded an opportunity to be heard contrary to Article 50 of the Constitution. THAT, the termination was solely aimed at instilling fear in workers and, therefore, denying them their right to a fair trial. THAT, blacklisting dismissed workers from working within the multinational company is forbidding punishment which will in turn lead to emergence and escalation of social crimes within the region. THAT, efforts to resolve the matter with the relevant ministries or agencies have been futile. THAT, the issues in respect of which this Petition is made are not pending before any court of law or constitutional or statutory body. THEREFORE, your humble Petitioners pray that the National Assembly through the Departmental Committee on Labour and Social Welfare: (i) Investigates the circumstances under which employees were dismissed with a view to address the Petitioners’ plight. (ii) Causes the management of EPK to give clear reasons for summary dismissal and blacklisting of workers. (iii) Recommends EPK to compensate and reinstate workers for the unlawful dismissal and the damages caused. (iv) Makes any other direction it deems fit in the circumstances of this matter.