August 9, 2018 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Thursday, 9th August 2018 The House met at 2.30 p.m. [The Speaker (Hon. Justin Muturi) in the Chair] PRAYERS Hon. Speaker: I will make a communication before we get to Order No.8. Hon. Members, before we proceed, allow me to recognise the presence in the Speaker’s Gallery and in the Public Gallery of students and pupils from the following institutions: Shelly Academy from Likoni Constituency in Mombasa County; Kaimosi Friends Primary School from Hamisi Constituency in Vihiga County; Laitoti Primary School from Narok South Constituency in Narok County; Nyandundo Primary School from Ol Kalou Constituency in Nyandarua County; Garrison School from Laikipia East Constituency in Laikipia County; and Bishop Muge Primary School from Mosop Constituency in Nandi County. They are all welcome to observe proceedings in the National Assembly this afternoon. Let us move to the next Order. PAPERS LAID Hon. Benjamin Washiali (Mumias East, JP): Hon. Speaker, on behalf of the Leader of the Majority Party, I beg to lay the following Paper on the Table of the House: The Report of the Auditor-General on the Financial Statements of the Kenya School of Government for the year ended 30th June 2017 and the certificate therein. Hon. Speaker: I have information that Dr. Makali Mulu may not make it to lay his Report. Dr. Mulu, you are back. Very well. Proceed. Hon. Makali Mulu (Kitui Central, WDM – K): Hon. Speaker, I beg to lay the following Paper on the Table of the House: The Report of the Delegation from the Youth Parliament of Kenya to the 4th Commonwealth Parliamentary Association (CPA), Africa Region, Youth Parliament Meeting held in Kampala, Uganda from 14th to 19th April, 2018. Hon. Speaker: Let us have the Chairperson of the Parliamentary Broadcasting and Library Committee, Hon. Joash Nyamoko Nyamache. Hon. Joash Nyamoko (North Mugirango, JP): Hon. Speaker, I beg to lay the following Papers on the Table of the House: Reports of the Joint Delegation of the Committee on Parliamentary Broadcasting and Library Services and the Departmental Committee on Communication, Information and Innovation on: 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 9, 2018 PARLIAMENTARY DEBATES 2 1. The Global System Mobile Association World Congress held in Barcelona, Spain on 26th February to 1st March, 2018; 2. The 2nd Artificial Intelligence for Good Global Summit held at the International Telecommunication Union (ITU) Headquarters in Geneva, Switzerland from 15th to 17th May, 2018; and 3. The Visit to the National Broadcasters Show held in Las Vegas, Nevada on 7th to 12th April, 2018. Hon. Speaker: Let us move to the next Order. NOTICE OF MOTION Hon. Speaker: Let us have Hon. Janet Nangabo. PROVISION OF SPECIALISED TRAINING FOR FISTULA SURGEONS AND SUBSIDISING COSTS FOR FISTULA SURGERY Hon. (Ms.) Janet Nangabo (Trans Nzoia CWR, JP): Hon. Speaker, I beg to give notice of the following Motion: THAT, aware that Article 43 of the Constitution provides that every person has the right to the highest attainable standard of health, which includes the right to health care services, including reproductive health care; further aware that Obstetric or Vesical Vaginal Fistula (VVF) is a devastating condition that affects women and girls across the country and which has seen many of the patients victimised, abandoned and ostracised by their communities; deeply concerned that it is estimated that more than two million women and girls live with Obstetric Fistula, and that four out of every 1,000 deliveries in Kenya result in fistula which results in between 50,000 to 100,000 new fistula cases every year; alarmed that according to available reports, though Obstetric Fistula is treatable with proper medical attention, only 7.5 per cent of patients with fistula are able to access medical care for the condition mainly due to the related costs and lack of suitably trained surgeons; this House urges the Government to provide specialised training for fistula surgeons and subsidises costs for fistula surgery in all health facilities in order to make treatment accessible and affordable. Hon. Speaker: Let us move to the next Order. STATEMENT BUSINESS FOR THE WEEK COMMENCING 14TH TO 16TH AUGUST 2018 Hon. Benjamin Washiali (Mumias East, JP): Thank you, Hon. Speaker. Pursuant to the provisions of Standing Order No.44(2)(a), I rise on behalf of the Leader of the Majority Party to give the weekly statement on behalf of the House Business Committee (HBC). The Committee met this week, at the rise of the House, to prioritise business for consideration. On Tuesday the following Bills are scheduled for debate in the Second Reading: 1. The Finance Bill, 2018; 2. The SACCO Societies (Amendment) Bill, 2018; 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 9, 2018 PARLIAMENTARY DEBATES 3 3. The Warehouse Receipt Systems Bill, 2018; 4. The Health Laws (Amendment) Bill, 2018; 5. The Urban Areas and Cities (Amendment) Bill (Senate Bill No.4 of 2017); and 6. The County Governments (Amendment) Bill (Senate Bill No.11 of 2017). We will also consider the Statute Law (Miscellaneous Amendments) Bill, 2018 in the Committee of the whole House. In the same week, we will continue with the Report of the joint sittings of the Departmental Committees on Agriculture and Livestock and Trade, Industry and Cooperatives on the inquiry into alleged importation of contaminated sugar into the country, should we not conclude it today. We will also consider several pending reports including: 1. The Second Report of the Procedure and House Rules Committee on their Consideration of Amendments to the Standing Orders; 2. The Report of the Committee on Members’ Services and Facilities on a benchmarking visit to the Parliament of the United Kingdom and Northern Ireland; 3. The Report of the 49th Session of the African Caribbean and Pacific Group of States (ACP) Parliamentary Assembly and Inter-Sessional Meetings; 4. The Report of the 138th Assembly of the Inter-Parliamentary Union (IPU) and Related Meetings. On questions before Committees, the following Cabinet Secretaries are scheduled to appear before Committees on Tuesday, 14th August 2018: 1. The Attorney-General will appear before the Departmental Committee on Justice and Legal Affairs to answer a question from Hon. Ndindi Nyoro, MP in the Mini Chamber, County Hall at 10.00 a.m. 2. The Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development will appear before the Departmental Committee on Transport, Public Works and Housing to answer questions from Hon. Bernard Shinali, MP, Hon. Gabriel Kago, MP, Hon. Abdullswamad Shariff Nassir, MP and Hon. Ruweida Mohamed Obo, MP in the Mini Chamber, County Hall at 11.00 a.m. Finally, the HBC will reconvene on Tuesday, 14th August 2018 at the rise of the House to consider the business for the coming week. COMMUNICATION FROM THE CHAIR GUIDING DEBATE ON THE REPORT OF THE INQUIRY INTO ALLEGED IMPORTATION OF ILLEGAL AND CONTAMINATED SUGAR IN THE COUNTRY Hon. Speaker: Order Members, Member for Ruiru you are likely to remain in that position for some time. The Member for Nakuru Town East, please take a seat. Hon. Members, I will assume that those others wish to remain standing. Hon. Members, I have a Communication to make which will guide the debate on the Report of the Inquiry into Alleged Importation of Illegal and Contaminated Sugar in the Country. Hon. Members, before we proceed with this Order relating to consideration of the Report of the Joint Departmental Committees on Agriculture and Livestock and Trade, Industry and Cooperatives on the inquiry into the alleged importation of illegal and contaminated sugar in the 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 9, 2018 PARLIAMENTARY DEBATES 4 country, I wish to make a Communication, which is aimed at facilitating the business of the House, in view of certain matters that have arisen relating to part of the contents of the Report. Hon. Members, you will recall that on Wednesday 1st August 2018, I interrupted the business of the House to allow the chairpersons of the Joint Committees on Agriculture, Livestock and Cooperatives, Trade and Industry to table the aforementioned Report, long after the Order on Papers, under which the laying of reports would ordinarily take place, had been dispensed with. My decision was informed by the importance of the task undertaken by the two committees, the sensitivity of the matters that were under investigation and the public interest in the questions sought to be addressed. Hon. Members, even though the House Business Committee (HBC) had neither sat nor scheduled the matter as part of the business for consideration that afternoon as is the practice, I did instruct that the highly anticipated Report be laid on the Table of the House and the matter, nevertheless, be considered the following day so as to cushion against speculations associated with any inordinate delay on such a sensitive matter. My decision was also informed by the fact that this House has the responsibility of deliberating and resolving issues of concern to the people, a function conferred upon each one of you by Article 95(2) of the Constitution. Suffice it to say, the issue of the alleged presence of contraband, and probably contaminated, sugar in the country is one that has been and is still of huge concern to the people of Kenya and they are looking up to this House, through the two committees, to get to the bottom of it.