October 11, 2017 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Wednesday, 11th October 2017 The House met at 9.30 a.m. [The Deputy Speaker (Hon. Cheboi) in the Chair] PRAYERS Hon. Deputy Speaker: Hon. Members, we are short of the requisite quorum. Therefore, I order the bell to be rung for 10 minutes. (The Quorum Bell was rung) Order, Hon. Members! We now have quorum. Let us begin the business of the House. PAPERS LAID Hon. A.B. Duale: Hon. Deputy Speaker, I beg to lay the following Papers on the Table of the House: Sessional Paper No.6 of 2016 on the National Urban Development Policy for the Ministry of Transport, Infrastructure, Housing and Urban Development. Sessional Paper No.1 of 2017 on the National Land Use Policy from the Ministry of Lands and Physical Planning. Report of the Auditor-General and the Financial Statements of Kenya Post Office Savings Bank for the year ended 31st December 2015, and the certificate therein. Report of the Auditor-General and the Financial Statements of the Central Bank of Kenya for the year ended 30th June 2017, and the certificate therein. Report of the Auditor-General and the Financial Statements in respect of the following institutions for the year ended 30th June 2016, and the certificates therein: (i) Civil Servants Housing Scheme Fund; (ii) Consolidated Fund Services (Salaries, Allowances and Miscellaneous Services); (iii) Kenya National Examinations Council; (iv) Ewaso-Nyiro South River Basin Development Authority; (v) Murang’a University; (vi) Water Services Regularity Board; and, (vii) State Department of Infrastructure Vote 1091. Report of the Auditor-General and the Financial Statements in respect of the following constituencies for the year ended 30th June 2016, and the certificate therein: 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 11, 2017 PARLIAMENTARY DEBATES 2 1. North Horr Constituency; 2. Voi Constituency; 3. Lamu West Constituency; 4. Isiolo North Constituency; 5. Gatundu South Constituency; 6. Gatanga Constituency; 7. Kigumo Constituency; 8. Kipipiri Constituency; and, 9. Juja Constituency Hon. Members, it is important for you to pick copies of the audited reports for your respective National Government Constituencies Development Fund (NG-CDF). NOTICES OF MOTIONS ADOPTION OF SESSIONAL PAPER ON NATIONAL LAND POLICY Hon. A.B. Duale: Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, this House adopts Sessional Paper No. 1 of 2017 on the National Land Use Policy from the Ministry of Lands and Physical Planning, laid on the Table of the House today, Wednesday, 11th October, 2017. Hon. Deputy Speaker: Let us have the Member for Tinderet. I think you have something. MEASURES TO ENFORCE PROMPT PAYMENT BY SUGAR MILLERS Hon. Melly: Hon. Deputy Speaker, I beg to give notice of the following Motion: THAT, aware that apathy in the sugar-cane farming due to unfavourable weather patterns and poor payment programmes by sugar millers to farmers has resulted in worrying drop in cane production and thus drop in sugar production; noting that millers have for years frustrated farmers through delays in payment for cane delivered; concerned that those late payments have caused sugar farmers untold suffering and frustrations and made them incur huge losses resulting from interest from loans advanced to them during cane farming to purchase fertiliser and other farm inputs; cognisant of the fact that as a result of this delayed payments, many of the farmers have remained poor and in debt, this House urges the cane millers to provide for mandatory payment to cane farmers within 14 days upon delivery. Thank you, Hon. Deputy Speaker. PROCEDURAL MOTION EXEMPTION OF BUSINESS FROM PROVISIONS OF S.O. 40(3) Hon. A.B. Duale: Hon. Deputy Speaker, I beg to move the following Motion: THAT, this House orders that the business appearing in the Order Paper be exempted from the provisions of Standing Order 40(3) today being a Wednesday Morning, a day allocated for business not sponsored by the Majority or Minority Party or business sponsored by a Committee. 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 11, 2017 PARLIAMENTARY DEBATES 3 Hon. Deputy Speaker, this is straightforward. You have heard Hon. Melly read the first Motion. On Wednesday mornings, we usually deal with Private Members’ Motions and Bills. The House Business Committee (HBC) received the first Motion, whose notice has been given this morning. From next Wednesday, if the calendar of the House allows, we will procedurally start either dealing with Private Members’ Motions or Bills. In the absence of those two, the HBC felt that the House must continue and has slated business from either the Majority or Minority Parties. If you look at the next Order, after this Procedural Motion, we have business from the Majority Party. The next one will be business from a Committee. That is why we have said we should pass this Procedural Motion. Hon. Deputy Speaker, I beg to move and ask Hon. Washiali to second. Hon. Washiali: Thank you, Hon. Deputy Speaker. I thank the Leader of the Majority Party for moving this Motion. In seconding, for us to have some business this morning, we need to do this Procedural Motion so that we can proceed with the business of this House without appearing like we do not have any business. So, I second and ask my colleagues to support this Procedural Motion because it is merely that. Hon. Deputy Speaker: Okay. Before I propose the Question, let me recognise, in the Speaker's Gallery, pupils from GSU Ruaraka Primary School from Roysambu Constituency, Nairobi County. It is a school that might be lucky to see the passage or otherwise of election laws that will affect them for a long time. (Question proposed) Hon. Members: Put the Question. Hon. Deputy Speaker: Is that the mood of the House? Hon. Members: Yes. Hon. Deputy Speaker: Even in absence of Hon. (Dr.) Pukose? (Laughter) Hon. Members: Yes. Hon. Deputy Speaker: Okay. (Question put and agreed to) COMMITTEE OF THE WHOLE HOUSE (Order for Committee read) [The Deputy Speaker (Hon. Cheboi) left the Chair] IN THE COMMITTEE [The Chairman (Hon. Cheboi) took the Chair] 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 11, 2017 PARLIAMENTARY DEBATES 4 THE ELECTION LAWS (AMENDMENT) BILL The Chairman: Order, Hon. Members. We are now going to be transacting the Committee of the whole House on the Election Laws (Amendment) Bill (National Assembly Bill No. 39 of 2017). I remind Members that we will not be debating on this Bill. We will basically be commenting on the clauses and seeking clarifications or otherwise. There will be only two Members speaking to each proposed amendment. Clause 2 Hon. Cheptumo: Hon. Chairman, I beg to move: THAT, Clause 2 of the Bill be amended by deleting the proposed definition of “chairperson” and substituting therefor the following new definition— “Chairperson” means the chairperson of the Commission appointed in accordance with Article 250(2) of the Constitution or the vice-chairperson or a Member of the Commission when discharging the functions of the chairperson.” The rationale of this amendment is that we need to align the definition of the term “chairperson” with the definition in other statutes passed by this House relating to other constitutional commissions. This is the only commission where the definition of the chair is not encompassing the vice chairperson or any other member who can be appointed by members of the commission. That is the basis of this amendment. That is the justification. The Chairman: Well said, Hon. Cheptumo. That is the spirit. Every Member who will be proposing amendments must give the effect; a consequence of the amendments so that Members can be up to speed. (Question of the amendment proposed) I will give a chance to two Members starting with Hon. ole Sankok. Let us be patient with each other. I can see there are some interests here. So, I will be giving chance to two Members. Hon. ole Sankok: Thank you very much, Hon. Chairman. For sure, at this critical moment as we go through another electioneering fever, we need to align the meaning of the Chairperson of the Independent Electoral and Boundaries Commission (IEBC) with other institutions. As you are aware, all State corporations all over the world have the chair. In the absence of the chair, the vice-chair takes over. In the absence of the vice-chair, members of the board will sit down and decide who will be chairing a session. Whenever there is an absence of the Head of State or the President, we directly know who will be in charge. The Chairman: Hon. Sankok, I of course understand that you are a new Member. The debates were done yesterday during the Second Reading. Today, there will be very brief comments. I think you have executed it very well. It is not an opportunity for debate. We finalised issues of debate yesterday. I will give this chance to Hon. Gikaria. Hon. Gikaria: Hon. Chairman, I do not want to contribute. 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 11, 2017 PARLIAMENTARY DEBATES 5 The Chairman Well, you are not going to contribute. Let us see someone else.