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National Assembly E-Newsletter Issue NATIONAL ASSEMBLY ISSUE 007 JUNE - AUGUST 2020 Inside: New House and Committee Leadership New PSC Commissioner sworn in Court Dismisses petition on the election of Hon. Justin Muturi in 2017 as Speaker Speaker issues guidelines on the revocation of appointment of a member of the PSC New CPA Secretary General Appointed The Kenya National Budget 2020 1 ISSUE 007 - JUNE - AUGUST 2020 Foreword Contents House institutes Measures in EDITORIAL TEAM Response to the Covid-19 Pandemic 4 Peter Chemweno - Team Leader Joe Okong’o Parliamentary Service Commission Welcomes a New Commissioner 6 Mainah Wanjiku Salem Lorot Speaker Muturi meets CAF officials; James M. Macharia pledges House support towards quest 7 Laureen Wesonga for enhanced County Assemblies’ Winnie Kiziah Autonomy Vetting of the Nominee for Appointment as The Auditor General 9 4 The Referendum Law: A Timely Law for Conduct of Referenda 11 Unpackaging the Public Finance Management (Amendment) (No.2) Bill ( N.A. Bill No.23 of 2020). 13 Pictorials 15 Parliamentary Parties barred from t is a great pleasure to write the foreword for the On the Bill digest section, information about the Ref- I7th Issue of the National Assembly E-Newsletter. erendum Bill (2020) sponsored by the Chairperson discharging independent Members 19 Justice and Legal Affairs Committee (JLAC) has been from Committees 9 Bearing in mind that the National Assembly has broken down for all our readers to better understand continued to transact business both in the plenary the issues the Bill seeks to address. and in committees amidst the threat of the Covid-19 Speaker issues Guidance on pandemic several steps have been taken to ensure the Are you aware that Members of Parliament who do Procedure for the Revocation of the safety of Honourable Members and that of members not belong to any political party or coalition, bet- Appointment of a Member of the Par- 20 of staff. Our top story highlights the steps taken to ter known as Independent Members of Parliament, liamentary Service Commission (PSC) ensure conformity with the health protocols as out- have a right to serve in Parliamentary Committees? Can the leadership of the Majority Party or that of lined by the Ministry of Health and the World Health Court Dismisses petition on the Organization (WHO). the Minority Party have discharge powers over such Members? To get a clear position on these questions election of Hon. Justin Muturi in 2017 22 In this issue, we have a story on the swearing-in of turn to page 19 and read the Speaker’s guidelines on as Speaker Hon. Rachel Ameso as a female non-MP Parliamen- the same. tary Service Commissioner. Commissioner Ameso House Approves The Parliamentary replaces Commissioner (Dr) Lonah Mumelo whose Still on the matter of discharge of duties, turn to an term expired after serving the Commission for a article on pages 20 and 21 to read about the Speak- Pensions (Amendment) Bill In A Bid 23 term of six years. er’s guidelines on the procedure for revocation of ap- To Cushion Former Members 15 pointment of a Member of the Parliamentary Service During the period covered under this issue, the Commission. Speaker of the National Assembly Hon. Justin Mu- House leadership as of July 2020 turi met the leadership of the County Assemblies Fo- For these and much more welcome. 25 rum (CAF). For details of what was discussed in this Mr. Michael R. Sialai, EBS Speaker Muturi Congratulates the CPA meeting turn to page 7. Clerk of The National Assembly of Kenya Secretary General-Elect 26 2 3 THE NATIONAL ASSEMBLY E-NEWS ISSUE 007 - JUNE - AUGUST 2020 b. Each seat has been assigned a number which is Committees during exceptional circumstances that House institutes Measures in Response accessible on first-register-first-occupy basis except prevent normal operations. The Procedure & House for seats designated for the Leader of Majority Par- Rules Committee is developing the necessary Guide- to the Covid-19 Pandemic ty, Leader of Minority Party, the Deputy Speaker, the lines to support the implementation of the amended Majority Party Whip, the Minority Party Whip and a Standing Orders. Member scheduled to move a business listed in the he Corona Virus disease Order Paper for the particular sitting. 3. The procurement process for an appropriate tech- (COVID-19) was declared a nological system for fully virtual proceeding is ongo- global pandemic in March 2020 c. Attendance to the sittings of the House is on rota- ing and will be concluded in due course. Tby the World Health Organisation tional basis while reflecting the party representation 4. The National Assembly has adopted working- (WHO). The pandemic has affected the in the House. Members desiring to attend the sittings from-home measures for Members of staff to reduce manner in which Parliaments all over of the House are required to register through a BULK interactions and risk of cross-infection. the world conduct their business and SMS service operated by the Clerk of the National the National Assembly of Kenya has Assembly. Except for the designated seats, priority of allocation of the rest of the seats is accorded to Mem- 5. The institution has been conducting voluntary been no exception. The unprecedented testing sessions within the precincts including in circumstances occasioned by the pan- bers who have expressed desire to attend by way of registration. April and June/July in conjunction with the Minis- demic have required that the National try of Health. Further, sanitizers have been placed Assembly reengineers its operations d. There are three (3) designated holding/waiting ar- throughout the buildings, hand washing stations in- and the manner in which it conducts eas to accommodate other Members desirous of par- stalled and enforcement of the wearing of face masks its business. Notably, whereas the Exec- ticipating in proceedings as they wait for the oppor- to conform to the public health guidelines is ongoing. utive has put in place measures to cush- tunity to access the Chamber upon vacation of a seat ion the citizenry against the pandemic, by a Member. Each previously used seat is sanitized 6. Additionally, fumigation, disinfection and saniti- it is the Legislature that is expected to before occupation by another Member. The designat- zation exercises have continually been carried out in institute the legal frameworks to actu- ed holding areas are located within the precincts of conjunction with the Ministry of Health, the latest alize the actions. Parliament Buildings. Members seated at any of the having been undertaken on Friday, 26th June 2020 designated holding areas are, upon request, allowed at the Chamber, committee rooms, all offices, prayer to contribute to debate, and vote. rooms and all common areas. These measures con- In order to re-align its operations, the National As- since April 14, 2020. The Guidelines made changes tinue to be upheld during this difficult time. sembly has taken various administrative steps to including – ensure continued operations. On 2nd April 2020 7. In the Speaker’s latest directive – and 11th April, 2020 the Speaker of the National a. The National Assembly Chamber which has a sit- Assembly issued Guidelines on the conduct of sit- ting capacity of four hundred and eighteen (418) has a. If a Member of Parliament or staff has come in con- tings of the House and Committee meetings during now been reduced to only 60 seats, to adhere to the tact with a COVID-19 case or suspected case, they the COVID-19 Pandemic period (No.2 of 2020 & social distancing protocols. There are now fifty-three are advised to undertake the voluntary testing as re- Supplementary I). The Guidelines have been in use (53) seats that have been marked in the Chamber for sponsible citizens. Depending on the results, one is in the sittings of the National Assembly undertaken use by the Members excluding the reserved seats. advised to self-isolate and notify the Speaker’s Office Virtual parliament session in The House of Commons (UK) - The immediately. system that the Kenya Parliament is looking to adopt b. Members of Parliament and staff are also encour- e. Committee sittings are held only in designated aged to undertake the voluntary tests. meeting rooms in line with recommendations of the Ministry of Health. The Committee rooms can only c. Hon. Members of Parliament are reminded to also be occupied by a maximum of nine persons at any encourage their staff including drivers and security given time from the usual more than thirty persons. officers to undertake the tests and more importantly, to wear face masks whenever in public. 2. On 6th May 2020, the National Assembly amend- ed the Standing Orders through the adoption of d. All committees are dissuaded from holding phys- the Fourth Report of the Procedure & House Rules ical meetings and instead encouraged to have virtu- Committee on Amendments to the Standing Orders al meetings as practicable as possible. No physical to Facilitate Virtual Sittings of the House and its meetings are to be held without complying with the Committees. The amendment to the Standing Orders Ministry of Health guidelines and the Speaker’s au- allow for the incorporation of virtual participation of thorization. Members in the proceedings of the House and its 4 5 THE NATIONAL ASSEMBLY E-NEWS ISSUE 007 - JUNE - AUGUST 2020 Parliamentary Service Commission Speaker Muturi meets CAF Officials; Welcomes a New Commissioner pledges House Support Towards Quest for Enhanced County Assemblies’ Autonomy Hon. Rachael Ameso taking the oath of office as administered by the Speaker of the National Assembly and Chairperson of the Parliamentary Service Commission Hon. Justin B. Muturi. From the right, CAF Vice-chair, Hon.
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