October 11, 2017 PARLIAMENTARY DEBATES 1 NATIONAL ASSEMBLY OFFICIAL REPORT Wednesday, 11th October 2017 The House met at 2.30 p.m. [The Speaker (Hon. Muturi) in the Chair] PRAYERS PAPERS LAID Hon. Speaker: Leader of the Majority Party. Hon. A.B. Duale: Hon. Speaker, I beg to lay the following Papers on the Table of the House: Sessional Paper No.7 of 2016 on the Mining and Minerals Policy from the Ministry of Mining. Sessional Paper No. 5 of 2016 on the National Climate Change Framework Policy from the Ministry of Environment and Natural Resources. Annual Report and Financial Statements of the Kenya Wildlife Service (KWS) for the year 2015. 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: 1. Government of Kenya Share Subscription and Capital Contribution to International Organisations; 2. Commission on Revenue Allocation; 3. National Social Security Fund (NSSF); 4. Ministry of Mining; 5. State Department for Environment and Natural Resources; 6. State Department of Science and Technology; 7. State Department of East African Affairs (Vote 1182); 8. Ministry of Lands, Housing and Urban Development; and 9. Kenya Airports Authority. Report of the Auditor-General on the Financial Statements of Alego Usonga Constituency for the year ended 30th June, 2015 and the certificate therein. 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 Jorok Constituency; 2. Gichugu Constituency; 3. Narok North Constituency; 4. Kiambaa Constituency; 5. Kangema Constituency; 6. Kiharu Constituency; 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 7. Nyeri Town Constituency; 8. Mathioya Constituency; and 9. Ruiru Constituency; Hon. Speaker: Very well. Next Order. NOTICES OF MOTIONS ADOPTION OF SESSIONAL PAPER ON NATIONAL URBAN DEVELOPMENT POLICY Hon. Speaker: Leader of the Majority Party. Hon. A.B. Duale: Hon. Speaker, I beg to give notice of the following Motion: THAT, this House adopts Sessional Paper No. 6 of 2016 on the National Urban Development Policy from the Ministry of Transport, Infrastructure, Housing and Urban Development, laid on the Table of the House on Wednesday, 11th October 2017. ADOPTION OF SESSIONAL PAPER ON THE NATIONAL CLIMATE CHANGE FRAMEWORK POLICY THAT, this House adopts Sessional Papaer No. 5 of 2016 on the National Climate Change Framework Policy, laid on the Table of the House on Wednesday, 11th October 2017. Hon. Speaker: Next Order. COMMUNICATION FROM THE CHAIR MAINTENANCE OF SECURITY WITHIN THE PRECINCTS OF PARLIAMENT Hon. Members, I wish to make this Communication which relates to maintenance of security in and within the precincts of Parliament. I wish to draw the attention of the House to concerns that have been raised with regard to the security and safety of Members in the precincts of Parliament. Standing Order Nos.99, 100 and 101 are explicit on maintenance of security and handling of firearms and other offensive weapons in the House. The provisions of these Standing Orders are also echoed in the National Assembly Speaker’s Rules, which are regulations for conduct of Members in the House and orders regulating admission and conduct of visitors within the precincts of Parliament. I trust that every Member was issued with a copy of the Standing Orders and the Speaker’s Rules, and that Members have acquainted themselves with the rules contained therein. Hon. Members, in view of the above and due to the heightened security situation and concerns in the country, I call upon all Members to accord the necessary cooperation and support to officers from the Serjeant-at-Arms and Safety and Security Department of Parliament who are responsible for the enforcement of these rules. These officers are also mandated to conduct stringent screening of Members’ vehicles before allowing access into the precincts of Parliament. Thank you, Hon. Members. 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 Before we move to the next Order, I wish to draw your attention to the existence of a Supplementary Order Paper. It is my hope that every Member has a copy of it. Next Order. MOTION APPROVAL OF RATIFICATION OF THE EAST AFRICAN COMMUNITY PROTOCOL ON PRIVILEGES AND IMMUNITIES THAT, cognisant of the Report of the Select Committee on Regional Integration of the 11th Parliament on the Ratification of the East African Community Protocol on Privileges and Immunities, and pursuant to Section 8 of the Treaty Making and Ratification Act, 2012, this House approves the Ratification of the Protocol to operationalise the East African Community Protocol on Privileges and Immunities. (Hon. (Ms.) Mbarire on 10.10.2017) (Debate concluded on 10.10.2017) Hon. Speaker: Hon. Members, debate on this Motion was concluded. What remained was for the Question to be put, which I hereby do. (Question put and agreed to) BILLS First Readings THE PHYSICAL PLANNING BILL THE BUILDING SURVEYORS BILL THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) (NO.2) BILL (Orders for First Readings read - Read the First Time and ordered to be referred to the relevant Departmental Committees) MOTIONS ADOPTION OF SESSIONAL PAPER ON THE NATIONAL LAND USE POLICY Hon. Speaker: The Leader of the Majority Party Hon. A. B. Duale: Hon. Speaker, I beg to move the following Motion: 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 THAT, this House adopts Sessional Paper No.1 of 2017 on the National Land Use Policy, laid on the Table of the House on Wednesday 11th October 2017. From the outset, this is a very important matter to this House. Of course, it is more than that of our colleagues who are on the streets with firimbis and all that. This is a better thing to discuss. Land is defined in this document. Members can pick copies from the Table Office. It is defined as the surface of the earth that is the subsurface rock, any body of water on or under the surface, marine waters in territorial sea and exclusive economic zones, and natural resources completely contained on or under the surface and the airspace above that surface. Land plays a significant role in the development of any society, the Kenyan society included. It has been the focus of productive activities and a source of political power. So, it is used for both political power and productive activities. It is also a principal instrument when fostering social justice, development and when fostering the provisions of decent dwellings and health conditions. Therefore, land reflects the interest and the welfare of a society as a whole. The absence of a clearly defined land use policy in Kenya has resulted in haphazard approaches to how we manage different land use practices and policies. How the pastoralists use land, how conservationists use land, how farmers use land and how developers use land is what has brought the need to have a clearly defined land use policy. That is why we have this Sessional Paper before us today. Hon. Speaker, various attempts have been made in the past to develop this Land Use Policy. That is why we have a whole chapter on land use in the Constitution of Kenya 2010. We have the chapter in the Kenya Vision 2030 and Sessional Paper No.3 of 2009 on National Land Policy. The above documents that I have cited allude to the need for the formulation of a framework. All these documents say that there are some gaps. We need to formulate a more effective way of addressing the challenges that relate to how we use land. It is in response to this call that the Land Use Policy has been developed. It incorporates all activities that are likely to have an impact on the use of land and its resources. Land is the most emotive component in the socio-economic fabric of our nation. The biggest challenge that our country faces is to strike a balance between satisfying the human livelihood as far as land is concerned and the sustainable use of resources of land for posterity. A number of challenges have been encountered. One of it is the decline in the supply of pasture and portable water which steers conflict among pastoralists. Due to climate change and many factors in the pastoralists land use, there is decline in the supply of pasture and availability of water. This leads to conflict among small and large-scale livestock farmers and other users of water for irrigation. There is poor quality of air and water which increases disease risk in human beings, livestock and wildlife. Extinction of life forms is also found within land use. What is the overall goal of the National Land Use Policy? Ideally, it is to provide the legal, administrative, institutional and technological framework for optimal utilisation and productivity of land-related resources in a more sustainable and desirable manner at national, county and community level. This National Land Policy will give us the legal, administrative, institutional and technological framework on how we can efficiently utilise land and its productivity in a more sustainable and desirable manner at all levels. This include the national, county and at the community levels. This policy is premised on the philosophy of economic productivity that the use of land for economic productivity supersedes all the other social responsibilities like how to sustain the environment and cultural conservation.