Issue 010 Jan-Mar 2021 NATIONAL ASSEMBLY ReBUNGviE ew Parliament Post Focus on service delivery as Parliament adopts new BBI: What would be employment terms the Effects of BBI on One On One With Parliament? Hon. Jimmy Angwenyi, MGH, MP Good news for entrepreneurs as House moves to amend Business Laws Brighter days ahead for Universities as funding gaps addressed Honeymoon over for opportunistic ‘family members’ 1 ISSUE 010 - JANUARY - MARCH 2021 Foreword Contents Parliament Post BBI: What would be the EDITORIAL TEAM Effects of BBI on Parliament? 4 Peter Chemweno - Team Leader Joe Okong’o Focus on service delivery as Parliament Mainah Wanjiku adopts new employment terms 7 Salem Lorot James M. Macharia One On One With Hon. Jimmy Angwenyi, MGH, MP 8 Laureen Wesonga Winnie Kiziah Good news for entrepreneurs as House CONTRIBUTORS moves to amend Business Laws 10 Noelle Chelagat Brighter days ahead for Universities Peter Odongo as funding gaps addressed 12 Mwambeo Mwang’ombe Mohamed Boru Pictorial Hiram Omondi 14 Sheila Sitati Naisenya Lolgisoi Parliament launches Climate Change Mitigation Project 18 t is my great pleasure to write the foreword for From the Floor, debate on the Law of Succession the 10th Issue of the National Assembly E-News- (Amendment) Bill, 2019 is ongoing. This Bill seeks Kenyans now free to use drones letter. To mark this milestone, the National As- to protect the estates of a deceased person and ensure 20 Isembly E-Newsletter has a new look and brand name that only the legitimate heirs benefit from the estates. Honeymoon over for opportunistic “Bunge Review”. The story is on Page 23. Still on legislation, ease of ‘family members’ doing business in Kenya is set to improve with the 21 Our top story in this Issue looks at “Parliament proposed amendment of seven business–related laws 4 Post-BBI.” The story provides an analysis of the like- I have cooked for three presidents as contained in the Business Law (Amendment) Bill ly implications of the passage of the BBI Bill in the 22 of 2020. A detailed outlook is provided on Pages 10 operations of the Parliament. What changes should and 11. Pathway to Equitable Representation: A be expected in the composition and structure of Focus on Special Interest Groups 24 Parliament should the proposal be approved? Bunge On a sad note, we lost three Members of Parliament Review gives an overview of some of the key parlia- during the period under review. The National As- DID YOU KNOW? Geographical Facts On mentary aspects of the BBI Bill. sembly lost two Members namely; Hon. John Oroo Kenya’s Constituencies Oyioka, MP for Bonchari Constituency and Hon. 28 During the period covered by this issue, Parliament Francis Munyua Waititu, MP for Juja Constituency. 8 of Kenya rolled out performance contracting for its On the other hand, the Senate lost Senator Mohamed Tributes staff. This is intended to promote best practice in hu- 30 Yusuf Haji, Senator for Garissa. This issue contains man resource management and boost service deliv- tributes to these Members. ery. Turn to page 7 for details. Do not forget to check our pictorial pages. In our interview section, we had a one on one session with the longest serving Member of the National As- Welcome and enjoy reading. sembly. How long do you think he has served? Do you know who this Member is? For this and more on Mr. Michael R. Sialai, EBS the Member, please read the story on Pages 8 and 9. Clerk of The National Assembly of Kenya 28 22 2 3 THE NATIONAL ASSEMBLY BUNGE REVIEW ISSUE 010 - JANUARY - MARCH 2021 Parliament Post BBI: 290 360 What would be the Effects of BBI on Parliament? Clause 10: Increases the number of Clause 13: Increases the number of members constituencies from 290 to 360. Additional of the National Assembly elected from constituencies to be distributed as detailed in constituencies from the current 290 members the Second Schedule to the Bill. to 360 members. Clause 11: Seeks to Clause 18: Provides for promote the principle positions of majority and of equality of vote. minority leaders in the Changes the criteria for Senate, and the order of nominating candidates precedence in the Senate. to the National Assembly and county assemblies by political parties from the party Clause 19: Provides that the lists, and departs from the current practice Speaker of the originating House where seats are allotted on the basis of the of a mediated version of a Bill shall number of seats garnered by a political party present the Bill to the President. during elections, to where seats are allotted Increases the time for presenting a 7 Days on the basis of the total votes received by their mediated Bill for assent from the 14 Days political party during the elections. current seven days to fourteen days. Clause 12: Enhance Clause 20: Changes the basis upon the oversight role of the which the threshold required Senate on matters relating in the Senate to override the to all county revenues and President’s reservations to a Bill is arliament of Kenya, through the Departmental their expenditures. premised, from delegations to the Committee on Justice and Legal Affairs in the entire membership of the Senate. National Assembly and the Justice, Legal Af- Pfairs and Human Rights Committee in the Senate has Clause 7: Obligates Clause 14: Restructures Clause 28: PM will be been holding Joint Sittings of the two Committees to Parliament to pass a law membership of the Senate the leader of government conduct public hearings on the Constitution of Ken- sanctioning political to achieve gender parity. business in the House, and ya (Amendment) Bill, 2020 at the Senate Chambers. parties for failure to Senate will consist of abide by the two-thirds will take over the roles ninety-four members, each currently vested on the This is the first time that Parliament is dealing with gender principle in county represented by a Leader of the Majority this kind of a Bill which requires the support of the nominating candidates woman and a man elected Party. majority of Members in each House to be passed. It is for elections. by voters in the counties. thereafter expected to be committed to a referendum. Clause 15: Removes the Clause 29: Does away with the current Bunge Review provides a summary on the effects of disqualification barring requirement where the House approves the Bill on Parliament should a majority of Kenyans members of county assemblies nominees for Cabinet Secretaries. vote in its favour during the referendum. from being qualified to Provides for Cabinet Ministers to be Clause 8: Obligates be elected as Members of appointed from among Members of Parliament to pass Parliament. Parliament. a law providing for mechanisms for settling disputes arising from Clause 16: Re-introduces Clause 30: Imposes an obligation on party nominations/ the position of Leader of Cabinet Secretaries to be accountable to primaries. Broaden the modes of service of an Official Opposition in the the National Assembly, in addition to the election petition to include electronic media National Assembly. President. to take cognizance of the advancement in technology. 4 5 THE NATIONAL ASSEMBLY BUNGE REVIEW ISSUE 010 - JANUARY - MARCH 2021 Clause 31: Provides for Deputy Ministers to be Focus on service delivery as Parliament appointed from among Members of adopts new employment terms Parliament. CDF Clause 52: Anchors the CDF in the Constitution. Clause 32: Takes away the power of the House Clause 60: Confers the powers to vet and to vet and approve a nominee for the position approve the Controller of Budget on the of Cabinet Secretary. Senate. arliament of Kenya becomes the second legis- customer focus,” noted Hon. Muturi. lature in the region, after South Africa, to roll Clause 33: Takes away the power of the House out performance contracting for its staff to He was addressing about fifty senior staff who signed to vet and approve nominees for positions of Ppromote best practice in human resource manage- their five-year contracts in March 2021 in the Nation- Clause 61: Reconfigures Principal Secretaries to the Cabinet. membership of SRC and ment and boost service delivery. This follows passage al Assembly Chamber. The officers were drawn from empowers the National of the Parliamentary Service Act 2019 and adoption the National Assembly Service, the Senate Service Assembly to vet and approve of the 2019-2030 Strategic Plan. The performance and the Parliamentary Joint Services, comprising the nominees for membership to contracting seeks to enhance the value of services of- Centre for Parliamentary Studies and Training. the SRC. fered to Members of Parliament and the public. The Parliamentary Service Commission hopes that this The Secretary to the Commission, Mr. Jeremiah will be achieved through institutionalizing perfor- Nyegenye, observed that this was a new beginning mance management systems. for Parliament and its staff. He underscored the significance of performance contracting as the best The chairperson of the Commission, Hon. Justin practice in public service. Muturi, says that this development will accelerate service delivery and promote staff innovation to a The Clerks of the Senate and the National Assembly, Clause 63: Empowers great extent. the Director General of Parliamentary Joint Services, the Senate to vet Deputy Clerks of both Houses, the Director of the and approve persons “Today symbolises the beginning of the era of per- Centre of Parliamentary Studies and the Director of appointed as formance contracting in the Parliamentary Service in the Parliamentary Budget Office led other senior staff members of the Youth which we will expect exemplary administrative and in signing performance contracts. Clause 44: Provides for the vetting and Commission.