Twelfth Parliament Fourth Session Afternoon Sitting (No. 056) (927)
REPUBLIC OF KENYA
TWELFTH PARLIAMENT – (FOURTH SESSION)
THE NATIONAL ASSEMBLY
ORDERS OF THE DAY
TUESDAY, SEPTEMBER 15, 2020 AT 2.30 P.M.
ORDER OF BUSINESS
PRAYERS
1. Administration of Oath 2. Communication from the Chair 3. Messages 4. Petitions 5. Papers 6. Notices of Motion 7. Questions and Statements
8*. MOTION – AUDITED FINANCIAL STATEMENTS FOR STATE CORPORATIONS (The Chairperson, Public Investments Committee)
THAT, this House adopts the Twenty Third Report of the Public Investments Committee on its consideration of the Auditor General's Reports on Financial Statements of State Corporations, laid on the Table of the House on Thursday, July 02, 2020.
(Question to be put)
9*. MOTION- INQUIRY INTO THE STATUS OF DAMS IN KENYA (The Chairperson, Departmental Committee on Environment and Natural Resources)
THAT, this House adopts the Report of the Departmental Committee on Environment and Natural Resources on an Inquiry into the Status of Dams in Kenya, laid on the Table of the House on Thursday, October 17, 2019, subject to deletion of the word “stop” appearing after the words ‘MUST forthwith’ in paragraph 180 on page 44 of the Report, and substitution thereof with the word “reassess”.
(Motion as amended) (Question to be put) ……….../10*
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10*. MOTION - APPROVAL OF NOMINEES TO VARIOUS NG-CDF CONSTITUENCY COMMITTEES (The Chairperson, Select Committee on the National Government Constituencies Development Fund) THAT, pursuant to the provisions of section 43(4) of the National Government Constituency Development Fund Act, 2015 and paragraphs 5(2) and (10) of the National Government Constituencies Development Fund Regulations, 2016, this House approves the list of nominees for appointment to the following eleven (11) Constituency Committees of the National Government Constituency Development Fund, laid on the Table of the House on Wednesday, August 12, 2020 and Thursday, September 10, 2020 respectively -
1. BARINGO SOUTH CONSTITUENCY
NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. Geofrey Kipkebut Male Youth Representative Fresh appointment, Kosgei pursuant to Sec.43(3) 2. Samuel Kiprotich Male Adult Representative Fresh appointment, Bungei pursuant to Sec.43(3) 3. Zakia Jemuge Female Youth Representative Fresh appointment, Kiptuisang pursuant to Sec.43(3) 4. Hellen Cheptoo Female Adult Representative Fresh appointment, pursuant to Sec.43(3) 5. Christine Jepkemoi Representative of Persons Fresh appointment, Kandie Living with Disability pursuant to Sec.43(3) 6. Renson Lerantei Ole Nominee of the Constituency Fresh appointment, Malito Office (Male) pursuant to Sec.43(3) 7. Mariamu Ntausian Nominee of the Constituency Fresh appointment, Lekisemon Office (Female) pursuant to Sec.43(3)
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NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. Timothy Kipketer Lagat Male Youth Representative Re-appointment, pursuant to Sec.43(8) 2. Martin Okonya Were Male Adult Representative Re-appointment, pursuant to Sec.43(8) 3. Mary Wanjiku Githinji Female Youth Representative Re-appointment, pursuant to Sec.43(8) 4. Eunice Njeri Muiruri Female Adult Representative Re-appointment, pursuant to Sec.43(8) 5. William Kaptebei Ruto Representative of Persons Re-appointment, pursuant Living with Disability to Sec.43(8) 6. Wilson Kiptarbei Too Nominee of the Constituency Re-appointment, pursuant Office (Male) to Sec.43(8) 7. Julia Jepkoech Suge Nominee of the Constituency Re-appointment, pursuant Office (Female) to Sec.43(8)
NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. Zablon Topote Male Youth Representative Re-appointment, pursuant Lokwadou to Sec.43(8) 2. Aaron Toroitich Male Adult Representative Re-appointment, pursuant Kendagor to Sec.43(8) 3. Korkapel Rael Female Youth Representative Re-appointment, pursuant to Sec.43(8) 4. Rebecca Tinyang Female Adult Representative Re-appointment, pursuant Nariwo to Sec.43(8) 5. Amos Limo Liangor Representative of Persons Re-appointment, pursuant Living with Disability to Sec.43(8) 6. Limaris Loukoyang Nominee of the Constituency Re-appointment, pursuant Office (Male) to Sec.43(8) 7. Chemoni Madina Nominee of the Constituency Re-appointment, pursuant Chemaswet Office (Female) to Sec.43(8)
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4. LURAMBI CONSTITUENCY
NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. Walter Chirande Male Youth Representative Fresh appointment, Anyembe pursuant to Sec.43(3) 2. Fabian Lilumbi Shilako Male Adult Representative Re-appointment, pursuant to Sec.43(8) 3. Gloriah Musitsa Female Youth Representative Fresh appointment, pursuant to Sec.43(3) 4. Jesca Asami Maina Female Adult Representative Re-appointment, pursuant to Sec.43(8) 5. Gerald Shimoli Andrea Representative of Persons Re-appointment, pursuant Living with Disability to Sec.43(8) 6. Isaac John Otiende Nominee of the Constituency Fresh appointment, Office (Male) pursuant to Sec.43(3) 7. Agnes Lamwenya Nominee of the Constituency Re-appointment, pursuant Barasa Office (Female) to Sec.43(8)
5. MUMIAS WEST CONSTITUENCY
NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. Hassan Emwana Male Youth Representative Re-appointment, pursuant Makongolo to Sec.43(8) 2. Iddi Abbas Keya Male Adult Representative Re-appointment, pursuant to Sec.43(8) 3. Winfred Chimita Osore Female Youth Fresh appointment, Representative pursuant to Sec.43(3) 4. Rukia Matseshe Mukoya Female Adult Re-appointment, pursuant Representative to Sec.43(8) 5. Samuel Isaac Kombe Representative of Persons Re-appointment, pursuant Living with Disability to Sec.43(8) 6. Philip George Otieno Nominee of the Fresh appointment, Musumba Constituency Office (Male) pursuant to Sec.43(3) 7. Ruth Nambuye Wanjama Nominee of the Fresh appointment, Constituency Office pursuant to Sec.43(3) (Female)
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NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. Easter Oduor Oremo Male Youth Representative Re-appointment, pursuant to Sec.43(8) 2. Omar Shariff Ali Male Adult Representative Re-appointment, pursuant to Sec.43(8) 3. Sylvia Buluma Adikinyi Female Youth Re-appointment, pursuant Representative to Sec.43(8) 4. Anna Nyambura Female Adult Re-appointment, pursuant Representative to Sec.43(8) 5. Amina Soud Ali Representative of Persons Re-appointment, pursuant Living with Disability to Sec.43(8) 6. Jamal Ali Mohamed Noor Nominee of the Re-appointment, pursuant Constituency Office (Male) to Sec.43(8) 7. Mbeyu Fatuma Khamis Nominee of the Re-appointment, pursuant Constituency Office to Sec.43(8) (Female)
7. NDARAGWA CONSTITUENCY (Re-submitted to complete list of Nominees as earlier submission had only six nominees)
NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. Margaret Wambui Female Adult Fresh appointment, Muraya Representative pursuant to Sec.43(3)
(No.056) TUESDAY, SEPTEMBER 15, 2020 (932) 8. OL-KALOU CONSTITUENCY
NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. Paul Kamau Wanjiru Male Youth Representative Re-appointment, pursuant to Sec.43(8) 2. Simon Nduati Kariuki Male Adult Representative Re-appointment, pursuant to Sec.43(8) 3. Teresa Ngima Kinyua Female Youth Re-appointment, pursuant Representative to Sec.43(8) 4. Susan Wachera Thuku Female Adult Re-appointment, pursuant Representative to Sec.43(8) 5. John Kariuki Kimani Representative of Persons Re-appointment, pursuant Living with Disability to Sec.43(8) 6. Samuel Masharia Kanyi Nominee of the Re-appointment, pursuant Constituency Office (Male) to Sec.43(8) 7. Joyce Njeri Karuga Nominee of the Re-appointment, pursuant Constituency Office to Sec.43(8) (Female)
9. SABATIA CONSTITUENCY (Re-submitted to correct list of Nominees as earlier submission had grammatical errors on names of nominees)
NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. John Sabwa Sagala Male Adult Representative Fresh appointment, pursuant to Sec. 43(3) 2. Alfred Keverenge Male Youth Representative Fresh appointment, Miheso pursuant to Sec. 43(3) 3. Nelly Imali Female Youth Fresh appointment, Representative pursuant to Sec. 43(3) 4. Serah Muhalia Litu Female Adult Fresh appointment, Representative pursuant to Sec. 43(3) 5. Mary Gorretti Moji Representative of Persons Re-appointment, pursuant Living with Disability to Sec.43(8) 6. Ephraim Gallo Nominee of the Re-appointment, pursuant Constituency Office (Male) to Sec.43(8) 7. Nancy Injairu Kisala Nominee of the Re-appointment, pursuant Constituency Office to Sec.43(8) (Female)
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10. TIGANIA WEST CONSTITUENCY (Re-submitted to complete list of Nominees as earlier submission had only five nominees)
NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. James Kiigu Mururu Male Adult Representative Re-appointment, pursuant to Sec.43(8) 2. Solomon Mitheu Mbuui Representative of Persons Fresh appointment, Living with Disability pursuant to Sec.43(3)
NO. NAME CATEGORY STATUTORY PROVISION FOR ASSUMPTION OF POSITION 1. Adan Abdullahi Ibrahim Male Youth Representative Re-appointment, pursuant to Sec.43(8) 2. Yussuf Abdullahi Ali Male Adult Representative Re-appointment, pursuant to Sec.43(8) 3. Seynab Mohamed Saney Female Youth Re-appointment, pursuant Representative to Sec.43(8) 4. Alasa Bishar Alasow Representative of Persons Re-appointment, pursuant Living with Disability to Sec.43(8) 5. Abdullahi Abdisalan Nominee of the Re-appointment, pursuant Osman Constituency Office (Male) to Sec.43(8) 6. Rukia Abdullahi Ahmed Nominee of the Re-appointment, pursuant Constituency Office to Sec.43(8) (Female)
11*. THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE BILL NO. 3 OF 2019) (The Chairperson, Departmental Committee on Finance & National Planning)
Second Reading
……….../12*
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12*. MOTION- INQUIRY INTO THE DEATH OF ELEVEN BLACK RHINOS AFTER TRANSLOCATION TO THE TSAVO EAST NATIONAL PARK SANCTUARY (The Chairperson, Departmental Committee on Environment and Natural Resources)
THAT, this House adopts the Report of the Departmental Committee on Environment and Natural Resources on its Inquiry into the Death of Eleven Black Rhinos after Translocation to the Tsavo East National Park Sanctuary, laid on the Table of the House on Thursday, September 19, 2019.
(Resumption of debate interrupted on Thursday, September 10, 2020 – Afternoon sitting) (Balance of time – 1 hour 57 minutes)
13*. MOTION - AUDITED FINANCIAL STATEMENTS FOR THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND FOR THECONSTITUENCIES IN KIAMBU COUNTY (The Chairperson, Special Funds Accounts Committee)
THAT, this House adopts the Ninth Report of the Special Funds Accounts Committee on the Audited Financial Statements for the National Government Constituencies Development Fund (NG-CDF) for the Constituencies in Kiambu County, laid on the Table of the House on Tuesday, February 25, 2020.
14*. MOTION - SPECIAL AUDIT REPORT ON PROCUREMENT OF PRE-EXPORT VERIFICATION OF CONFORMITY TO STANDARD SERVICES FOR USED MOTOR VEHICLES, MOBILE EQUIPMENT AND USED SPARE PARTS BYKENYA BUREAU OF STANDARDS (The Chairperson, Public Investments Committee)
THAT, this House adopts the Report of the Public Investment Committee on its consideration of the Special Audit Report on Procurement of Pre-Export Verification of Conformity to Standard Services for Used Motor Vehicles, Mobile Equipment and Used Spare Parts by Kenya Bureau of Standards, laid on the Table of the House on Tuesday, June 02, 2020.
15*. THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE BILL NO. 34 OF 2018) (The Chairperson, Select Committee on NG-Constituencies Development Fund)
Second Reading
……….../16*
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16*. THE COUNTY STATUTORY INSTRUMENTS BILL (SENATE BILL NO. 21 OF 2018) (The Chairperson, Committee on Delegated Legislation)
Second Reading
17*. THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE BILL NO. 24 OF 2018) (The Chairperson, Committee on Delegated Legislation)
Second Reading
* Denotes Orders of the Day*
……...... /Notices*
(No.056) TUESDAY, SEPTEMBER 15, 2020 (936) N O T I C E S
I. PROPOSED AMENDMENT TO THE MOTION ON THE SPECIAL AUDIT REPORT ON PROCUREMENT OF PRE-EXPORT VERIFICATION OF CONFORMITY TO STANDARD SERVICES FOR USED MOTOR VEHICLES, MOBILE EQUIPMENT AND USED SPARE PARTS BY THE KENYA BUREAU OF STANDARDS
Notice is hereby given that the Member for Homa Bay Town (Hon. Peter Kaluma) intends to move the following amendment to the Motion on the Special Audit Report on Procurement of Pre-Export Verification of Conformity to Standard Services for Used Motor Vehicles, Mobile Equipment and Used Spare Parts by the Kenya Bureau of Standards: -
THAT, the Motion be amended by inserting the following words after the figure “2020”-
“Subject to the following-
a) deletion of Recommendations (ii), (iii) and (iv) appearing under ‘Committee Recommendations’ under Chapter 5 on page 61 of the Report; and, b) deletion of Recommendation (v) appearing under ‘Committee Recommendations’ under Chapter 5 on page 63 of the Report and substitution thereof with the following recommendation-
(v)The Directorate of Criminal Investigations (DCI) and the Ethics and Anti- Corruption Commission (EACC) should expeditiously investigate the circumstances under which the KEBS entered into contract with M/s EAA Company Limited and M/s Auto Terminal Japan and report their findings to the National Assembly.
……...... /Notices* (Cont’d)
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The House resolved on Tuesday, September 8, 2020 as follows-
Limitation of debate on Bills, Motions, Sessional Papers and Committee Reports
II. THAT, pursuant to the provisions of Standing Order 97(1) and notwithstanding the resolution of the House of February 18, 2020, during the Sittings of the House of September 8, 2020 up to and including October 15, 2020, each speech in debate on Bills, Motions (including Special Motions), Sessional Papers and Committee Reports, shall be limited as follows:- a maximum of two and half hours with not more than ten (10) minutes for the Mover in moving and five (5) minutes in replying and a maximum of five (5) minutes for any other Member speaking, except for the Leader of the Majority Party, the Leader of the Minority Party and the Chairperson of the relevant Committee who shall be limited to a maximum of ten (10) minutes, and that priority in speaking be accorded to the Leader of the Majority Party, the Leader of the Minority Party and Chairperson of the relevant Committee, in that order.
…...... /Notice Papers*
NOTICE PAPER I
Tentative business for
Thursday (Morning), September 17, 2020 (Published pursuant to Standing Order 38(1))
It is notified that the House Business Committee has approved the following tentative business to appear in the Order Paper for Thursday (Morning), September 17, 2020-
A. COMMITTEE OF THE WHOLE HOUSE
(i) The Employment (Amendment) Bill (National Assembly Bill No. 15 of 2019) (The Hon. Martha Wangari, M.P.) (To resume from Clause 3)
(ii) The Industrial Training (Amendment) Bill (National Assembly Bill No. 4 of 2019) (The Hon. Jude Njomo, M.P.) (iii) The National Youth Council (Amendment) Bill (National Assembly Bill No. 8 of 2019) (The Hon. Gideon Keter, M.P.)
(iv) The Public Service (Values and Principles) (Amendment) Bill (National Assembly Bill No. 29 of 2019) (The Hon. Andrew Mwadime, M.P.)
B. THE CANCER PREVENTION AND CONTROL (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 65 OF 2019) (The Hon. Gladys Wanga, M.P.)
Second Reading
(Resumption of debate interrupted on Thursday, September 10, 2020 – Morning sitting) (Balance of time – 1 hour 1 minute)
C. THE PUBLIC SERVICE COMMISSION (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 27 OF 2019) (The Hon. Benjamin G. Mwangi, M.P.)
Second Reading
D. THE NATIONAL DISASTER MANAGEMENT AUTHORITY BILL (NATIONAL ASSEMBLY BILL NO. 10 OF 2019) (The Hon. Kimani Ichung’wah, M.P.)
Second Reading
E. THE PUBLIC ORDER (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 14 OF 2019) (The Hon. Simon King’ara, M.P.)
Second Reading
F. THE CROPS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 25 OF 2019) (The Hon. Kassim Sawa Tandaza, M.P.)
Second Reading
NOTICE PAPER II
Tentative business for
Thursday (Afternoon), September 17, 2020 (Published pursuant to Standing Order 38(1))
It is notified that the House Business Committee has approved the following tentative business to appear in the Order Paper for Thursday (Afternoon), September 17, 2020-
A. COMMITTEE OF THE WHOLE HOUSE
(i) The Refugees Bill (National Assembly Bill No. 62 of 2019) (The Leader of the Majority Party)
(ii) The Gaming Bill (National Assembly Bill No. 38 of 2019) (The Chairperson, Departmental Committee on Sports, Culture & Tourism)
B. THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL (SENATE BILL NO. 3 OF 2019) (The Chairperson, Departmental Committee on Finance & National Planning)
Second Reading
(If not concluded on Tuesday, September 15, 2020)
C. MOTION - AUDITED FINANCIAL STATEMENTS FOR THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND FOR THE CONSTITUENCIES IN KIAMBU COUNTY (The Chairperson, Special Funds Accounts Committee)
(If not concluded on Tuesday, September 15, 2020)
D. MOTION - SPECIAL AUDIT REPORT ON PROCUREMENT OF PRE-EXPORT VERIFICATION OF CONFORMITY TO STANDARD SERVICES FOR USED MOTOR VEHICLES, MOBILE EQUIPMENT AND USED SPARE PARTS BY KENYA BUREAU OF STANDARDS (The Chairperson, Public Investments Committee)
(If not concluded on Tuesday, September 15, 2020)
E. THE COUNTY WARDS (EQUITABLE DEVELOPMENT) BILL (SENATE BILL NO. 34 OF 2018) (The Chairperson, Select Committee on NG-Constituencies Development Fund)
Second Reading
(If not concluded on Tuesday, September 15, 2020)
F. THE COUNTY STATUTORY INSTRUMENTS BILL (SENATE BILL NO. 21 OF 2018) (The Chairperson, Committee on Delegated Legislation)
Second Reading
(If not concluded on Tuesday, September 15, 2020)
G. THE STATUTORY INSTRUMENTS (AMENDMENT) BILL (SENATE BILL NO.24 OF 2018) (The Chairperson, Committee on Delegated Legislation)
Second Reading
(If not concluded on Tuesday, September 15, 2020)
...…/Appendix
A P P E N D I X
ORDER NO.7 - QUESTIONS Pursuant to the provisions of Standing Order 42A (5) the following Members will ask questions for reply before the specified Departmental Committees:-
QUE NO. QUESTIONS BY PRIVATE NOTICE
QPN The Member for Murang’a County (Hon. Sabina Chege, 022/2020 MP) to ask the Cabinet Secretary for Tourism and Wildlife: - (i) Could the Cabinet Secretary confirm that the appointment of members of the Tourism Regulatory Authority’s Board vide Gazette Notice No. 5462 of 7th August, 2020 was carried out in compliance with the requirements of Section 8(1)(g) of the Tourism Act? (ii) Could the Cabinet Secretary explain the circumstances under which the appointment of one Pauline Njoroge to the said Board was revoked 24 hours after gazettement? (iii) Was Ms. Njoroge given a fair hearing prior to the revocation of her appointment to the Board under reference in accordance with Article 50 of the Constitution of Kenya? (To be replied before the Departmental Committee on Environment and Natural Resources)
QPN The Member for Ainamoi (Hon. Sylvanus Maritim, MP) to 024/2020 ask the Cabinet Secretary for Interior and Coordination of National Government: -
(i) Could the Cabinet Secretary provide the status of investigations into the killing of the late Bernard Kibet Ng’eno who was an Mpesa operator in Kapsoit shopping centre in Ainamoi Constituency, and who was brutally murdered on 24th August 2020, and the steps taken to ensure that the murderers are apprehended? (ii) What action has been taken against the police officer who is alleged to have murdered the late Patrick Kiprono Kirui of Identification number 35880675 on 4th September 2020 at Kapsoit Shopping centre?
(iii) Given the recent wave of insecurity in Kapsoit Shopping Centre, what urgent steps is the Ministry taking to guarantee security of the business community in Kapsoit Shopping Centre, Ainamoi Constituency? (To be replied before the Departmental Committee on Administration and National Security)
ORDINARY QUESTIONS 164/2020 The Member for Tetu (Hon. James Gichuhi, MP) to ask the Cabinet Secretary for Labour and Social Protection: -
(i) Could the Cabinet Secretary provide the list of beneficiaries under the Cash Transfer Programme for older persons in Tetu Constituency? (ii) What criterion was used to identify the said beneficiaries?
(To be replied before the Departmental Committee on Labour and Social Welfare)
183/2020 The Member Meru County (Hon. Bishop Kawira Mwangaza, MP) to ask the Cabinet Secretary for Labour and Social Protection: - (i) How much money under the COVID-19 Emergency Response Fund Cash Transfer Programme has been disbursed to Meru County for purposes of mitigating the negative impact of COVID-19? (ii) Could the Cabinet Secretary provide the criteria used to identify the beneficiaries, details of the beneficiaries, and the amount received by each recipient? (iii) What measures has the Ministry put in place to ensure equity in the distribution of the resources to vulnerable people residing in the informal settlements and rural areas in Meru County? (To be replied before the Departmental Committee on Labour and Social Welfare) 185/2020 The Member for Soy (Hon. Caleb Kositany, MP) to ask the Cabinet Secretary for Interior and Coordination of National Government: - (i) Could the Cabinet Secretary provide the status of the implementation of the Huduma Number whose registration exercise in 2019 was directed as mandatory by the Government for all persons?
(ii) How does the Government intend to use the said number; and, when will the Huduma Cards be ready for collection and use? (iii) How much money was used by the Government in the exercise including registration services rendered and acquisition of biometric kits used in carrying out the exercise, and where were the kits stored for future use? (iv) How will persons who did not register for the number due to various reasons including lack of required documents such as birth certificates and Identity Cards access Government services, if the use of the number is effected?
(To be replied before the Departmental Committee on Administration and National Security)
188/2020 Member for Laisamis (Hon. Arbelle Marselino Malimo, MP) to ask the Chairperson of the Teachers Service Commission: - (i) What criteria is used by the Teachers Service Commission during delocalization of teachers in the country?
(ii) What measures are in place to ensure that the process is carried out in a fair and transparent manner?
(For Written Reply by the Teachers Service Commission)