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September 13, 2017 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Wednesday, 13th September 2017 The House met at 2.30 p.m. [The Speaker (Hon. Muturi) in the Chair] PRAYERS PAPERS LAID Hon. Speaker: The Leader of the Majority Party. Hon. A. B. Duale: I beg to lay the following Papers on the Table of the House: Sessional Paper No. 2 of 2017 on the Kenya Health Policy for the period 2014-2030 from the Ministry of Health. The Annual Report by the Kenya Institute of Public Policy Research and Analysis on the Kenya Economic Report for the year 2017. The Report of the Auditor-General and Financial Statement of the Kenya Plant Health Inspectorate Service for the year ended 30th June 2016 and the certificate therein. The Annual Reports and Financial Statements in respect of the following institutions for the year ended 30th June 2016: (i) The Public Service Commission. (ii) The Ministry of Public Service, Youth and Gender Affairs –State Department of Gender Affairs (Anti-FGM Board). The Annual Reports and Financial Statements in respect of the following institutions for the Financial Year 2015/2016: (i) The Controller of Budget. (ii) The Kenya National Bureau of Statistics. (iii)The Kenyatta National Hospital. (iv) The Anti-Counterfeit Agency. The Annual Report and Financial Statement of the Kenya National Bureau of Statistics for the year ended 2014/2015. Thank you, Hon. Speaker. Hon. Speaker: Very well. PROCEDURAL MOTIONS LIMITATION OF DEBATE ON BILLS SPONSORED BY PARTIES OR COMMITTEES 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. September 13, 2017 PARLIAMENTARY DEBATES 2 Hon. A.B. Duale: Thank you, Hon. Speaker. I beg to move the following Procedural Motion: THAT, notwithstanding the provisions of Standing Order 97(4), this House orders that each speech in a debate on Bills sponsored by a Committee, the Leader of the Majority Party or the Leader of the Minority Party be limited as follows: A maximum of forty five (45) minutes for the Mover in moving and fifteen minutes (15) in replying, a maximum of thirty (30) minutes for the Chairperson of the relevant Committee (if the Bill is not sponsored by the relevant Committee), and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen Minutes (15) each (if the Bill is not sponsored by either of them); and that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order. In accordance with the provisions of Standing Order No. 97(4), this is basically what the new House does in the first sitting of a new Parliament. It is like in football where you set the rules right on the first day. These rules will apply until the end of the First Session of these five years. So, in the first year, we will come back and redo the same. What does it say? It says that ordinary Members will have 10 minutes and a Committee Chairperson will have 30 minutes. If the Bill belongs to you and you are a Private Mover, you will have 45 minutes in moving and 15 minutes in replying to your Motion or your Bill. Secondly and more fundamentally, there is a sequence of speaking: The Leader of the Majority Party will have 15 minutes, ordinary Members will have 10 minutes. The Leader of the Minority Party will also have 15 minutes. The leadership and the Chair of the Committee where the Report or Bill is being discussed will have preference in catching the eye of the Speaker. The Speaker will first give a chance to the Leader of the Majority Party or the Leader of the Minority Party, if they want to speak, then the Whips and ordinary Members in that order. All these are Procedural Motions, Members and I will be very happy. I have just talked to the Whip of the Majority Party that it should not be me moving all these. You should give me relief so that Members can move and second. These are just Procedural Motions. Again, with the permission of the Speaker, I am sure you do not discuss Procedural Motions a lot. In the next five minutes, the Speaker will put the Question because they are procedural things; they are not substantive. I beg to move and ask Whip of the Majority Party to second. Hon. Speaker: Hon. Washiali. Hon. Washiali: Thank you, Hon. Speaker for the opportunity. I take this opportunity to thank the Leader of the Majority Party for moving this Motion. As he clearly explained, these are merely Procedural Motions. They are procedures we used in the previous House which we did not have a problem with. I request that this House adopts the same procedures. What I want to add, now that our colleagues may not be here, especially for those who are new, the Members who will start giving us problems when it comes to the procedures of this House... We should find a session where the new Members can be taken through the procedures when we go for induction. That way, all of us should have a seamless House so that we can prosecute the issues before this House. Thank you, Hon. Speaker. I second. (Question proposed) 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. September 13, 2017 PARLIAMENTARY DEBATES 3 Hon. Members: Put the Question. (Question put and agreed to) LIMITATION OF DEBATE ON INDIVIDUAL MEMBERS’ BILLS Hon. Speaker: Hon. Whip of the Majority Party. Hon. Washiali: Thank you, Hon. Speaker. On behalf of the Leader of the Majority Party, I beg to move the following Procedural Motion: THAT, notwithstanding the provisions of Standing Order 97(4), this House orders that each speech in a debate on Bills NOT sponsored by a Committee, the Leader of the Majority Party or the Leader of the Minority Party be limited as follows: A maximum of three hours and thirty minutes, with not more than thirty (30) minutes for the Mover, in moving and ten (10) minutes in replying, a maximum of thirty (30) minutes for the Chairperson of the relevant Committee and a maximum of ten (10) minutes for any other Member speaking, except the Leader of the Majority Party and the Leader of the Minority Party, who shall be limited to a maximum of fifteen Minutes (15) each; and that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order. This is a self-explanatory Procedural Motion. I wish Members support it. I ask Hon. Chachu Ganya to second. Hon. Speaker: Hon. Chachu Ganya Hon. Ganya: Hon. Speaker, I support the Procedural Motion on limitation of debate on individual Members’ Bills. This is very procedural and it is the standard in other jurisdictions across the world. Ten minutes for Members is adequate. We just have to organise our thoughts and get prepared for it. I second. (Question proposed) Hon. (Dr.) Pukose): Put the Question! Hon. Speaker: Hon. Members who were in the 11th Parliament will recall that Hon. Pukose is an expert in catching the mood of the House. (Question put and agreed to) LIMITATION OF DEBATE ON MOTIONS The Member for Baringo North (Hon. William Cheptumo Kipkiror): Hon. Speaker, I beg to move the following Procedural Motion: THAT, notwithstanding the provisions of Standing Order 97(4), this House orders that each speech in a debate on any Motion, including a Special Motion be limited in the following manner: A maximum of three hours with not more than twenty (20) minutes for the Mover and ten (10) minutes for each other Members speaking, except the Leader of Majority Party and the Leader of Minority Party, who shall be limited to a maximum of fifteen (15) minutes each, and that ten (10) minutes before the expiry of that time, the Mover be called upon to reply; and that 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. September 13, 2017 PARLIAMENTARY DEBATES 4 priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Departmental Committee, in that order. Hon. Speaker, the distinction between Procedural Motions 8 and 9 is that this one relates to Motions. It is very important to have that distinction. In this case, it is now clear from the two Motions already read by Hon. Duale, the Leader of the Majority Party, and the Chief Whip; we need to have limitation of time in respect of Motions. In this case, we are allowed a maximum of three hours. As said by my colleagues, this is not an issue for debate. We need to have the limitation of time being sought, so that we are able to manage our time as a House. In this particular case, Motions are very critical in this House. This is where Members are able to bring issues touching on their constituencies to be debated in the House. Most Members will be using this procedure to bring out issues touching on their constituents and the people of Kenya generally.