October 12, 2017 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Thursday, 12th October 2017 The House met at 2.30 p.m. [The Speaker (Hon. Muturi) in the Chair] PRAYERS PAPERS LAID Hon. A.B. Duale: Hon. Speaker, I beg to lay the following Papers on the Table of the House: The Report on the Implementation and Monitoring of Provisions on Local Content in the Petroleum Extraction and Production Industry in Kenya by the Ministry of Energy and Petroleum for the year 2016. The Report on the Assessment of the Management of Green Schools and Commercial Tree Growing Programme by the Ministry of Environment, Natural Resources and Regional Development Authorities for the year 2017. The Reports of the Auditor-General on the Financial Statements in respect of the following Institutions for the year ended 30th June, 2016, and the certificates therein: (i) National Council for Population and Development. (ii) Western Kenya Rice Mills Limited. (iii)Kenya Industrial Research and Development Institute. (iv) Kenya School of Law. (v) Ministry of Industrialisation and Enterprise Development. (vi) Mwea Rice Mills Limited. (vii) Kenya Industrial Estates. (viii) Kenya National Highways Authority. (ix) Bomas of Kenya, and, (x) Laikipia University. The Reports of the Auditor-General on the Financial Statements in respect the following constituencies for the year ended 30th June 2016, and the certificates therein: 1. Ol Kalou Constituency. 2. Kisauni Constituency. 3. Lunga Lunga Constituency. 4. Chuka/Igambang'ombe Constituency. 5. Ganze Constituency. 6. Githunguri Constituency; and, 7. Kabete Constituency. Hon. Speaker: Next Order. 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. October 12, 2017 PARLIAMENTARY DEBATES 2 NOTICE OF MOTION ADOPTION OF SESSIONAL PAPER ON MINING AND MINERALS POLICY Hon. A.B. Duale: Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts Sessional Paper No.7 of 2016 on the Mining and Minerals Policy, laid on the Table of the House on Wednesday, 11th October 2017. STATEMENT BUSINESS OF THE HOUSE Hon. A.B. Duale: Hon. Speaker, pursuant to the provisions of Standing Order No.44(2)(a), on behalf of the House Business Committee (HBC), I rise to give the following Statement. As usual, the HBC met on Tuesday this week. Without anticipating debate, I wish to note that the House is scheduled to proceed on a short recess commencing tomorrow as per our Calendar. As a result of this, the HBC has not scheduled any business for next week. I now wish to lay this Statement on the Table of the House. (Hon. A.B. Duale laid the Document on the Table) Hon. Speaker: Before we move to the next Order, I wish to recognise the presence, in the Speaker’s Gallery, of students from Kenya High School from Dagoretti South Constituency in Nairobi County; Mutungoni Academy, Mavoko Constituency, Machakos County and those from Kibra Home School Community, Kibra Constituency, Nairobi County. They are all welcome to observe the proceedings of the National Assembly this afternoon. COMMUNICATION FROM THE CHAIR APPOINTMENT OF LEADERS OF THE MINORITY PARTY Hon. Speaker: May I request the Members making their way in to quickly do so. I have some long Communication that I wish to make. Hon. Members, this is Communication No.6 of 2017 and it relates to the matter of appointment of the Leader of the Minority Party, the Deputy Leader of the Minority Party, the Minority Whip and the Deputy Minority Whip. My Office is in receipt of several communications relating to the filling of the various leadership positions by the minority coalition in this 12th Parliament. More specifically, I have received the following correspondences and minutes relating to the filling of the positions of Leader of the Minority Party, Deputy Leader of the Minority Party, Minority Whip and Deputy Minority Whip- (a) A letter dated 13th September 2017 from Senator Moses Wetangula notifying my office of a resolution of the NASA Coalition appointing Hon. John Mbadi, MP as the Minority Party Leader, Hon. Ayub Savula, MP as the Deputy Minority Party Leader, Hon. Robert Mbui, MP as 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. October 12, 2017 PARLIAMENTARY DEBATES 3 Minority Whip and Hon. Chrisantus Wamalwa, MP as the Deputy Minority Whip in the National Assembly; (b) A letter dated 21st September 2017 from Hon. John Mbadi, MP notifying my office of a decision by the NASA Coalition to leave vacant the offices of the Deputy Leader of Minority, Minority Whip and Deputy Minority Whip awaiting a NASA parliamentary group meeting where the coalition will deliberate on and fill the positions. Hon. Mbadi attached a letter from the Chief Executive Officer of the NASA Coalition, one Mr. Norman Magaya, dated 21st September 2017 signifying the same; (c) A letter dated 20th September 2017 from the Registrar of Political Parties confirming the existence of a pre-election coalition agreement between the NASA Coalition parties; (d) Minutes of the Amani National Congress (ANC) Party held on 16th August 2017; (e) Minutes of the FORD-Kenya Party held on 6th September 2017; (f) Minutes of the Wiper Democratic Movement-Kenya Parliamentary Group meeting held on 13th September 2017. Hon. Members, I have isolated three issues arising out of these correspondences for which I am obliged to give directions. These issues are- (a) Whether the leadership positions for the Minority in the House will be filled by individual party or a coalition of parties; (b) Who the lawful authority is to make and communicate the decision of the Minority appointing its leadership; and, (c) Whether the provisions of the Constitution, the law and the Standing Orders have been complied with by the Minority coalition as regards the filing of its leadership positions. The first question: Is the Minority a party or coalition of parties? Hon. Members, the first issue relates as to whether the leadership positions for the Minority in the House will be filled by individual party or a coalition of parties. Article 108 of the Constitution provides for the party leadership in the House as follows- “Party leaders 108 (1) There shall be a leader of the majority party and a leader of the minority party. (2) The leader of the majority party shall be the person who is the leader in the National Assembly of the largest party or coalition of parties. (3) The leader of the minority party shall be the person who is the leader in the National Assembly of the second largest party or coalition of parties.” Clause (4) further goes ahead to place the Leader of the Minority Party third in the order of precedence to be observed in the National Assembly after the Speaker of the National Assembly and the Leader of the Majority Party. Under Section 10 of the Political Parties Act, two or more political parties may form a coalition before or after an election and a coalition agreement entered into before an election shall be deposited with the Registrar, at least, three months before that election. My office is in receipt of a letter dated 20th September 2017 from the Registrar of Political Parties in which she confirms a pre-election coalition agreement having been deposited in her custody between the Orange Democratic Movement, the Wiper Democratic Movement- Kenya, FORD-Kenya, Amani National Congress and Chama Cha Mashinani. Accordingly, all the aforementioned parties are, subject to any post-election agreement that may be made, eligible to constitute a coalition within the meaning of Article 108(3) of the Constitution and Standing Order 20 for purposes of election of the Leader of the Minority Party, the Deputy Leader of the Minority Party, the Minority Whip and the Deputy Minority Whip. Hon. Members, the second issue relates to who is the lawful authority to make and communicate the decision of the Minority in appointing its House leadership. Article 108 of 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. October 12, 2017 PARLIAMENTARY DEBATES 4 Constitution does not provide for the manner of election or removal of the Leader of the Minority Party. This is however provided for in Standing Order 20 which provides as follows- 20. (1) The Minority party or coalition of parties in the National Assembly shall elect— (a) a member of the National Assembly belonging to the party or coalition of parties to be the Leader of the Minority Party; (b) a member of the National Assembly belonging to the party or coalition of parties to be the Deputy Leader of the Minority Party. (2) In electing members under paragraph (1), the minority party or coalition of parties in the National Assembly shall take into account— (a) any existing coalition agreement entered into pursuant to the Political Parties Act; (b) The need for gender balance. (3) A member elected under paragraph (2) may be removed by a majority of votes of all members of the Minority party or coalition of parties in the National Assembly. (4) The whip of the minority party or coalition of parties in the National Assembly shall forthwith, upon a decision being made under this Standing Order, communicate to the Speaker, in writing, the decision together with the minutes of the meeting at which the decision was made. I will take a break to allow Members to take their seats. (Hon. Members walked into the Chamber) Hon.