Twelfth Parliament Fifth Session Morning Sitting

(No. 079) (976)

REPUBLIC OF

TWELFTH PARLIAMENT – (FIFTH SESSION)

THE NATIONAL ASSEMBLY

ORDERS OF THE DAY

WEDNESDAY, AUGUST 11, 2021 AT 9.30 A.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*. THE ALCOHOLIC DRINKS CONTROL (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 70 OF 2019) (The Hon. Silvanus Osoro, M.P.)

Second Reading

(Resumption of debate interrupted on Wednesday, August 04, 2021 – Morning Sitting) (Balance of time – 33 minutes)

9*. THE KENYA DEPOSIT INSURANCE (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 43 OF 2020) (The Hon. Abdul Rahim Dawood, M.P.)

Second Reading

10*. THE COMMUNITY HEALTH WORKERS BILL (NATIONAL ASSEMBLY BILL NO. 30 OF 2020) (The Hon. Martin Peters Owino, M.P.)

Second Reading

…...... /11*

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11*. THE CONSTITUTION OF KENYA (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 19 OF 2019) (The Hon. Florence Mutua, M.P.)

Second Reading

(Resumption of debate interrupted on Thursday, March 25, 2021 – Morning Sitting) (Balance of time – 3 hours 10 minutes)

12*. THE PHARMACY AND POISONS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 1 OF 2021) (The Hon. Alfred Keter, M.P.)

Second Reading

13*.THE KENYA INFORMATION AND COMMUNICATIONS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 20 OF 2019) (The Hon. Elisha Odhiambo, M.P.)

Second Reading

(Resumption of debate interrupted on Thursday, March 04, 2021 – Morning Sitting) (Balance of time – 1 hour 39 minutes)

14*. THE COMPUTER MISUSE AND CYBERCRIMES (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 11 OF 2021) (The Hon. Aden Duale, M.P.)

Second Reading

15*. THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 45 OF 2020) (The Hon. David Gikaria, M.P.)

Second Reading

16*. THE LABOUR RELATIONS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 18 OF 2019) (The Hon. Kimani Ichung’wah, M.P.)

Second Reading …...... /17*

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17*. THE PENSIONS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 26 OF 2020) (The Hon. Didmus Barasa, M.P.)

Second Reading

18*. THE HEALTH (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 14 OF 2021) (The Hon. Mwambu Mabongah, M.P.)

Second Reading

19*. THE EMPLOYMENT (AMENDMENT)(No.2) BILL (NATIONAL ASSEMBLY BILL NO. 79 OF 2019) (The Hon. Gideon Keter, M.P.)

Second Reading

* Denotes Orders of the Day

…...... /Notice*

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N O T I C E

LIMITATION OF DEBATE

The House resolved on Wednesday February 10, 2021 as follows-

Limitation of Debate on Individual Members’ Bills

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 shall 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 shall 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.

…...... /Notice Paper*

NOTICE PAPER

Tentative business for Wednesday (Afternoon), August 11, 2021

(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 Wednesday (Afternoon), August 11, 2021- A. MOTION– PROCUREMENT OF EXTERNAL AUDIT SERVICES FOR THE OFFICE OF THE AUDITOR-GENERAL FOR THE FINANCIAL YEARS 2018/2019 AND 2019/2020 (The Chairperson, Public Accounts Committee)

B. THE CENTRAL BANK OF KENYA (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 10 OF 2021) (The Chairperson, Departmental Committee on Finance and National Planning)

Second Reading

C. THE KENYA ROADS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 13 OF 2021) (The Chairperson, Departmental Committee on Transport, Public Works and Housing) Second Reading

D. THE TRUSTEES (PERPETUAL SUCCESSION) (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 23 OF 2021) (The Chairperson, Departmental Committee on Finance and National Planning)

Second Reading

E. THE RADIOGRAPHERS BILL (NATIONAL ASSEMBLY BILL NO. 47 OF 2019) (The Chairperson, Departmental Committee on Health)

Second Reading

F. COMMITTEE OF THE WHOLE HOUSE

The Referendum (No.2) Bill (National Assembly Bill No. 14 of 2020 (The Chairperson, Departmental Committee on Justice and Legal Affairs)

G. THE PERPETUITIES AND ACCUMULATIONS (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO.24 OF 2021) (The Chairperson, Departmental Committee on Finance and National Planning)

Second Reading

H. MOTION – SESSIONAL PAPER NO. 1 OF 2021 ON THE NATIONAL WATER POLICY (The Chairperson, Departmental Committee on Environment and Natural Resources)

……….../Appendix I*

A P P E N D I X I NOTICE OF PETITIONS, QUESTIONS & STATEMENTS ______ORDER NO.4 - PETITIONS

It is notified that, pursuant to the provisions of Standing Order 225 the following Petition (s) will be presented -

No. Subject Petitioner(s) Relevant Committee 031/2021 Harassment of residents of Residents of D.C. on by the Bangale Ward, Environment and Kenya Wildlife Service (to Tana River Natural Resources be presented pursuant to County S.O.225(2)(a)

……….../Appendix II*

A P P E N D I X II ORDER NO.7 - QUESTIONS It is notified that, pursuant to the provisions of Standing Order 42A (5), the following Members will ask questions for reply before the specified Committees-

277/2021 The Member for Central (Hon. Gideon Mulyungi MP) to ask the Teachers Service Commission: -

What steps is the Teachers Service Commission taking to address the acute shortage of teachers in Mwingi Central Constituency which has greatly contributed to the decline in quality of education in the Constituency?

(Question for Written Reply by the Teachers Service Commission)

279/2021 The Nominated Member (Hon. Gideon Keter, MP) to ask the Cabinet Secretary for Interior and Coordination of National Government: - (i) Could the Cabinet Secretary explain the measures that the Ministry has put in place to address psycho-social and stress- related issues occurring among Police Officers which have led to numerous incidents of suicides, murders, desertion of duties, and drunkenness? (ii) Could the Cabinet Secretary also explain whether an evaluation has been conducted to determine the effectiveness and efficiency of the above measures, and if so, provide any report available on the same citing challenges identified and recommendations put forth? (iii) What steps has the Ministry taken to promptly identify mental health challenges amongst uniformed officers and provide free, unrestricted and unbiased access by such officers to the necessary professional help?

(To be replied before the Departmental Committee on Administration and National Security)

284/2021 The Member for Tharaka (Hon. Gitonga Murugara, MP) to ask the Cabinet Secretary for Lands and Physical Planning: - (i) Could the Cabinet Secretary explain the relationship between County boundaries and the land adjudication process, with respect to the boundary between Tharaka Nithi County and as regards issuance of title deeds to the residents of Turima and Karocho Locations in Turima Division and Gikingo, Thiiti and Ntoroni Locations in Mukothima Division in Tharaka Constituency?

(ii) Could the Cabinet Secretary provide the details of person(s) disputing the boundary between Tharaka Nithi and Meru Counties and indicate how the dispute affects parcels of land owned by private individuals in terms of their demarcation, adjudication and issuance of titles? (iii) When will the adjudication processes of the stalled sections of Karocho, Turima and Gikingo Areas resume? (iv)Could the Cabinet Secretary clarify whether the Ministry has provided the budget required to complete the demarcation and survey in those the areas, estimated to be about Kshs. 7.75 million?

(To be replied before the Departmental Committee on Lands)

289/2021 The Member for (Hon. Simon King’ara, MP) to ask the Cabinet Secretary for Water, Sanitation and Irrigation: - (i) Is the Ministry aware that the ongoing Greater Githurai /Ruiru Water Supply System project in Ruiru Constituency whose contract was awarded in May 2018 initially included Mwihoko A and Mwihoko B Areas as part of the beneficiaries as depicted Environmental and Social Impact Assessment (ESIA) Report (EIA_1460-1469)?

(ii) What measures has the Ministry taken to ensure that the proposed areas in Mwihoko Ward where public participation was held by the ESIA team including Kiuu Ward, benefit from the water supply project?

(iii) Could the Cabinet Secretary provide the timelines as to when Mwihoko area will be included in the project before its’ scheduled completion by the end of 2021?

(To be replied before the Departmental Committee on Environment and Natural Resources)

291/2021 The Member for North Horr (Hon. Chachu Ganya, MP) to ask the Cabinet Secretary for Environment and Forestry: - (i) Could the Cabinet Secretary explain why the National Climate Change Council approved by the National Assembly in December of 2016 is yet to be convened to date? (ii) Could the Cabinet Secretary also explain why the Climate Change Fund provided for in the Climate Change Act, 2016 is not yet operational? (iii) Could the Cabinet Secretary provide the status of the National Climate Change Action Plan (2018 – 2022) which is perceived to be operational yet the Council that is mandated to approve its operations under the Climate Change Act, 2016 has never been convened? (To be replied before the Departmental Committee on Environment and Natural Resources)

292/2021 The Member for Emuhaya (Hon. Omboko Milemba, MP) to ask the Cabinet Secretary for Transport, Infrastructure, Housing, Urban Development and Public Works: - (i) Could the Cabinet Secretary explain the circumstances that led to demolition of houses at Emulaka, Ebulinji, Ematindo and Ebusanjili areas in Emuhaya Constituency on 20th July, 2021 despite some of the occupants possessing title deeds? (ii) Could the Cabinet Secretary provide details of the land belonging to Kenya Railways? (iii) What steps is the Ministry taking to ensure that the families affected by the demolitions in the said areas especially children, widows and poor farmers are compensated and resettled considering the affected were former railway employees who have stayed on the said railway lands for over 10 years?

(To be replied before the Departmental Committee on Transport, Public Works and Housing)

301/2021 The Member for Embakasi West (Hon. George Theuri, MP) to ask the Cabinet Secretary for Interior and Coordination of National Government: -

(i) Could the Cabinet Secretary provide the circumstances that led to the National Police Service officers overseeing destruction of properties in Mowlem Ward, Embakasi West Constituency particularly along Kangundo Road, Kwa Maji area and Umoja 3 areas on 10th and 22nd July, 2021?

(ii) Could the Cabinet Secretary explain whether there was any court order or statutory notice given to the residents to vacate the land prior to the demolitions of their properties?

(iii) What steps has the Ministry taken to compensate the said victims for loss of their properties and livelihoods?

(To be replied before the Departmental Committee on Administration and National Security)

……….../Appendix III*

A P P E N D I X III

ORDER NO.7 - STATEMENTS ______

It is notified that, pursuant to the provisions of Standing Order 44(2) (c) the following Statements will be requested/responded to–

(a) Statements to be requested-

No. Subject Member Relevant Committee

1. Sewer spillage in Syokimau The Hon. Patrick K. D.C. on area along the Makau, M.P. Environment and Expressway Project Natural Resources

(b) Statements to be responded to-

No. Subject Member Relevant Committee

2. Banditry Attacks and Killings The Hon. Kangogo D.C. on in Marakwet East Bowen, M.P. Administration Constituency. and National Security

3. Police Brutality against The Hon. D.C. on Peaceful Demonstrators in Abdullswamad Administration County. Nassir, M.P. and National Security