Tenth Parliament (No.

330) REPUBLIC OF KENYA NATIONAL ASSEMBLY

Fourth Session Morning Sitting (3684)

TENTH PARLIAMENT (FOURTH SESSION) ORDERS OF THE DAY THURSDAY, JUNE 21, 2012 AT 9.00 A.M. PRAYERS
Administration of Oath Communication from the Chair Petitions Papers Notices of Motion Questions (as set out in the Appendix) 7. Statements 1. 2. 3. 4. 5. 6.

COMMENCEMENT OF BUSINESS
8*. COMMITTEE OF THE WHOLE HOUSE (i) (ii) The Statute Law (Miscellaneous amendments) Bill (Bill No. 14 of 2012) (The Attorney General) The Public Financial Management Bill (Bill No. 7 of 2012) (The Minister for Finance)

9*. THE TEACHERS SERVICE COMMISSION BILL (BILL NO. 17 OF 2012) (The Minister for Education) Second Reading 10*. THE PUBLIC SERVICE COMMISSION BILL (BILL NO. 16 OF 2012) (The Minister of State for Public Service) Second Reading
.../11*.

(No.330)

THURSDAY, JUNE 21, 2012

(3685)

11*.MOTION (Chairperson - Departmental Committee on Health) THAT, this House adopts the Report of the Departmental Committee on Health on alleged irregularities of the rolling out of the civil servants out-patient medical insurance scheme, volumes I and II, laid on the Table of the House on Tuesday 5th June, 2012.
(Resumption of debate interrupted on Wednesday, 13th June, 2012 Afternoon Sitting)

* Denotes Government Orders of the Day

(No.330)

THURSDAY, JUNE 21, 2012 NOTICES

(3686(A)

I.

THE STATUTE LAW (MISCELLANEOUS AMENDMENT) BILL (BILL NO. 14 OF 2012)

1) NOTICE is given that the Chairperson of the Departmental Committee on Justice and Legal Affairs (Hon. Njoroge Baiya) intends to move the following amendments to the Statute Law (Miscellaneous Amendments) Bill, (Bill No. 14 of 2012) at the Committee Stage
SCHEDULE THAT, the Bill be amended in the Schedule (i) deleting the word five in the proposed amendment to section 43(5) and substituting therefor the word six; (ii) deleting the words State-owned broadcasting media in the proposed amendment to section 108 and substituting therefor the words all broadcasting media.

2) NOTICE is given that the Member for Garsen (Hon. Danson Mungatana) intends to move the following amendments to the Statute Law (Miscellaneous Amendments) Bill (Bill No. 14 of 2012) at the Committee StageThat the provisions relating to the Elections Act, 2011 (No. 24 of 2011) be amended as follows:S. 34(9) Delete the word not 3) NOTICE is given that the Nominated Member (Hon. Amina Abdalla) intends to move the following amendment to the Statute Law (Miscellaneous Amendments) Bill (Bill No. 14 of 2012) at the Committee Stage AMENDMENT TO THE SCHEDULE THAT, the Bill be amended in the Schedule in the amendments proposed to the Elections Act (No. 24 of 2011) by inserting the following new amendment immediately after the amendment proposed to section 112
Provision Third Schedule Amendment In the Oath of Secrecy prescribed under section 60(1) and set out in the Third Schedule, delete the words Magistrate/Commissioner for Oaths and substitute therefor the words Member/Secretary/Returning Officer (of the Independent Electoral and Boundaries Commission).

(No.330)

THURSDAY, JUNE 21, 2012

(3687(A)

4) NOTICE is given that the Member for Igembe South (Hon. Mithika Linturi) intends to move the following amendments to the Statute Law (Miscellaneous Amendments) Bill (Bill No. 14 of 2012) at the Committee Stage SCHEDULE THAT, the Bill be amended in the Schedule by inserting the following new amendments in their proper numerical sequence
Written Law Elections Act, 2011 (No. 24 of 2011) Provisi on s. 40 Amendment Delete and substitute therefor the following new section
Voter education and mobilisation.

40. (1) The Commission shall, in performing its duties under Article 88 (4) (g) of the Constitution (a) establish mechanisms for the provision of continuous voter education and cause to be prepared a voter education curriculum; and mobilise and encourage voters to turn out and vote during elections so as to attain a voter turnout at every election of at least seventy per cent of the registered voters.

(b)

(2) Where in any elections the turnout of voters is lower than seventy per cent of the registered voters, the Commission shall compile a report to be laid before Parliament detailing the reasons and circumstances leading to such lower voter turnout.

5) NOTICE is given that the Member for Turkana Central (Hon. Ekwee Ethuro) intends to move the following amendment to the Statute Law (Miscellaneous Amendments) Bill, (Bill No. 14 of 2012) at the Committee Stage SCHEDULE THAT, the Schedule to the Bill be amended(a)
S. 29(2) Delete the words shall not appearing after the words county assembly and substitute therefore the word may.

(b) by inserting the following amendment immediately after the amendment proposed to section 30(2)S. 34(9) Delete sub-section (9) of section 34 and substitute with the following new sub-section(9) The party list may contain the name of a candidate nominated for any election under this Act.

(No.330)

THURSDAY, JUNE 21, 2012

(3688(A)

(c) by inserting the following amendment immediately after the amendment proposed to section 36(1)S. 41(2) Insert the word independent after the words consultations with the.

6) NOTICE is given that the Member for Bura (Hon. (Dr.) Nuh Abdi) intends to move the following amendment to the Statute Law (Miscellaneous Amendments) Bill, (Bill No. 14 of 2012) at the Committee Stage
SCHEDULE THAT, the Bill be amended in the Schedule by inserting the following new amendments in their proper numerical sequence(i) by inserting the following immediately after the amendment proposed to section 30(2)S. 31 Insert the following new sub-section after sub-section (3)(3A) The Commission shall, after receipt of the names under sub-section (3), publish the names of the authorized person or persons in the Kenya Gazette and in at least two daily newspapers of national circulation at least fourteen days before the nomination day. Delete the words The election appearing at the commencement of that sub-section and substitute therefor the words The nomination. Insert the words or of the county assembly at the end of the sub-section. Delete the words before the nomination of candidates appearing after the words candidates for an election.

S. 34(1)

S. 34(7) S. 35(1)

(ii) by inserting the following immediately after the amendment proposed to section 36(1)S. 38(1) Delete the words county governor appearing after the words a presidential or and substitute therefor the word parliamentary. Delete the word the appearing after the words proceed to hold and substitute therefor the words a county governor or county assembly. Insert the words and print media space after the words allocation of airtime. Insert the words or publish guidelines for the media at the end of the sub-section.

S. 38(2)

S. 41(2) S. 41(5)

(iii) by inserting the following immediately after the amendment proposed to section 43(1)-

(No.330)
S. 43(4)

THURSDAY, JUNE 21, 2012

(3689(A)

Delete the word election appearing at the end of the subsection and substitute therefor the words immediate next following election at the end of the sub-section.

(iv) by inserting the following immediately after the amendment proposed to section 43(5)S. 45 Insert the following new sub-section after sub-section (6)(7) A person who having unsuccessfully contested an election under this Act and who, directly or indirectly, fraudulently initiates or attempts to initiate a petition under this section in relation to the successful candidate in that election, commits an offence and is liable, on conviction, to a fine not exceeding two million shillings or to a term of imprisonment not exceeding five years or to both. Insert the following new sub-paragraph after sub-paragraph (ii)(iii) voted in the election in respect of which the recall is sought.

S. 46

7) NOTICE is given that the Member for Gwasi (Hon. John Mbadi) intends to move the following amendments to the Statute Law (Miscellaneous Amendments)Bill (Bill No. 14 of 2012) at the Committee StageSCHEDULE THAT, the Schedule to the Bill be amended1) in the amendments proposed to the Elections Act, 2011 (No. 24 of 2011) by deleting the substantive provision of the proposed new paragraph (b) of section 112(2) and substituting therefor the following new paragraph(b) notwithstanding the provisions of section 111, any election held before the first elections for Parliament under the Constitution shall, pursuant to section 3(2) of the Sixth Schedule to the Constitution, be held in accordance with the relevant provisions of the National Assembly and Presidential Elections Act.

(No.330)

THURSDAY, JUNE 21, 2012

(3723)

II.

THE PUBLIC FINANCIAL MANAGEMENT BILL (BILL NO. 7 OF 2012)

NOTICE is given that the Chairperson of the Departmental Committee on Budget (Hon. Christuthus Okemo) intends to move the following amendments to the Public Financial Management Bill, (Bill No7 of 2012) at the Committee Stage
CLAUSE 4 THAT, Clause 4 be amended (a) by deleting subsection (1). (b) in subsection (3) by deleting the words declared under section(1) (c) by deleting subsection (4) CLAUSE 6 THAT, Clause 6 be amended by (a) deleting subsection (b) (b) deleting subsection (g) CLAUSE 7 THAT, Clause 7 be amended by deleting paragraph (e) and substituting therefor the following (e) review the Division of Revenue Bill presented to Parliament and ensure that reflects the principles under Articles 187(2)(a), 201 and 203 of the Constitution. CLAUSE 9 THAT, Clause 9 be deleted. CLAUSE 10 THAT, Clause 10 be amended (a) by deleting subsection (1)(a). (b) by deleting subsection (1)(g). (c) in subsection (1)(h) by deleting all the words between the words in a clear and readily understandable, user-friendly form and are immediately after the words Parliamentary Budget Office are prepared.

1.

(No.330)
CLAUSE 12

THURSDAY, JUNE 21, 2012

(3724)

THAT, Clause 12 (2) (f) be deleted. CLAUSE 15 THAT, Clause 15 be amended(a) by deleting subsection (2)(a) and substituting therefor the following(2) (a) over the medium term a minimum of thirty per cent of the national and county governments budget shall be allocated to the development expenditure. (b) in subsection (2)(d) by inserting the following words after the word level as approved by Parliament for the National Government and the County Assembly for the County Government. CLAUSE 17 THAT, Clause 17 be amended by deleting subsections (6) (7) and (8) and substituting in place thereof with the following new subsection 17(6) The disbursement of funds to County governments shall be effected on the first working day of every quarter in the financial year in equal installments in accordance with Articles 203(j)and 219 of the Constitution. CLAUSE 19 THAT, Clause 19 be amended by deleting the words to the Equalization and substituting thereof with the words from the Consolidated. CLAUSE 25 THAT, Clause 25 be amended in subsection (5) by inserting the following new subsections (d) and (e) and re-numbering accordingly(d) Parliament; (e) the Judiciary; CLAUSE 29 THAT, Clause 29 be amended by inserting a new sub-clause 29(7) immediately after sub clause 29(6) as follows 29(7) The costs, charges or expenses referred to under subsection (5) shall be incurred only with the approval of the Controller of Budget. CLAUSE 31 THAT, Clause 31 be amended(a) in subsection (1) by inserting the words every four months after the words The Cabinet Secretary shall submit ;

(No.330)

THURSDAY, JUNE 21, 2012

(3725)

(b) by inserting the following new subclause immediately after sub-clause (1) 31(1A) Where either House of Parliament is canvassing a matter relating to the national debt, the Cabinet Secretary shall submit to Parliament, a report of all loans made to the National Government, national government entities, and county governments, not later than seven days after receiving a request to do so from either House of Parliament. (c) in subsection (2) by deleting the opening paragraph and substituting therefor the following (2) At the end of every four months, the Cabinet Secretary shall submit a report to Parliament stating the loan balances brought forward, carried down, additions and subtractions on new loans obtained from outside Kenya or denominated in foreign currency specifyingCLAUSE 39 THAT, Clause 39 be amended (a) in subsection (3) by deleting the words and only if immediately after the words the Budget Policy Statement; (b) in subsection (4) by deleting the word only immediately after the words the National Assembly may. CLAUSE 40 THAT, Clause 40 be amended by deleting subsection (2). CLAUSE 45 THAT, Clause 45 be amended by re-numbering the existing sub clause (1) as sub clause (2) and inserting a new sub clause 45 (1) as follows 45(1) The Controller of Budget shall ensure that members of the public are given an opportunity to participate in the budget implementation both at the national and county government level. CLAUSE 50 THAT, Clause 50 be amended(a) in subsection (4) by deleting all the words appearing after the words Economic

Council.
(b) in subsection (5) by deleting the words Regulations approved by at the opening of

the subsection.

(No.330)

THURSDAY, JUNE 21, 2012

(3726)

CLAUSE 53 THAT, Clause 53(8) be deleted. CLAUSE 64 THAT, Clause 64 be amended(a) in subsection (1), by deleting paragraphs (b) and (c) and inserting the following new paragraph (b) by inserting the following new subsection immediately after subsection (1)64.(1A) The Head of the Public Debt Management Office shall be recruited competitively by the Public Service Commission. CLAUSE 66 THAT, Clause 66 be amended in subsection (1), deleting paragraph (h). CLAUSE 68 THAT, Clause 68 be amended in subsection (4)(b) by inserting the words and the Controller of Budget at the end thereof. CLAUSE 74 THAT, Clause 74 be amended by re-numbering the existing subsection (1) as subsection (2) and inserting a new sub-clause 74 (1A) as follows 74 (1A). The Controller of Budget shall have unlimited access to information with respect to records, documents, books of accounts and all financial statements, electronic or otherwise of any public entity and state organ both at the National and county level as it relates to the execution of his or her mandate. CLAUSE 83 THAT Clause 83 be amended by deleting subclause (5). CLAUSE 86 THAT, Clause 86 be amended in subclause (1) by deleting all the words appearing after the words may be established or dissolved substituting therefor the words by Parliament with financial certification from the National Treasury.

(No.330)
CLAUSE 89

THURSDAY, JUNE 21, 2012

(3727)

THAT, Clause 89 be amended (a) in subsection (1) by deleting the words for matters relating to public investments

immediately after the words The Cabinet Secretary responsible appearing at the beginning of the subsection.
(b) in subsection (3) by deleting the word Secretary appearing between the words

Cabinet and Controller of Budget. CLAUSE 94 THAT, Clause 94(1)(e) be deleted. CLAUSE 96 THAT, Clause 96 (1) of the Bill be amended(a) by deleting the word Cabinet appearing immediately after the words with prior

approval of the and substituting therefor the word Parliament.

(b) by deleting subclause (3).

CLAUSE 97 THAT, Clause 97 be amended by (a) deleting subsection (1) and substituting therefore the following new subclauses97.(1) Where the Cabinet Secretary finds that there is a serious material breach or persistent breaches by a state organ or public entity concerned and the Cabinet Secretary shall, in order to forestall the situation, stops the transfer of not more than fifty per cent of the funds for a period of not more than sixty days and shall inform the Controller of Budget and Parliament accordingly. (2) The Controller of Budget shall investigate the matter and prepare a report to Parliament on the matter in respect of the state organ or public entity concerned. (3) Parliament shall, within thirty days of notification by the Cabinet Secretary, approve or renew the decision of the Cabinet Secretary to stop the transfer of funds and the Cabinet secretary shall abide by the decision of the Parliament. (b) inserting the following new sub-clause 97(5) immediately after the existing subclause 97(4) -

(No.330)

THURSDAY, JUNE 21, 2012

(3728)

97(5) Pursuant to Article 226(5) of the Constitution, the holder of a public office, including a political office, adjudged guilty of a material breach that results in the stoppage of funds shall be: (a) held accountable and shall make good the loss, whether the person remains the holder of the office or not; and (b) is barred from holding any other public office as long as the person remains undischarged of the offence.

CLAUSE 109 THAT, Clause 109 be amended in subclause (9) by inserting the words with a copy to the Controller of Budget at the end thereof. CLAUSE 126 THAT, Clause 126 be amended in subclause (2) by deleting the word regulations appearing at the end of the subclause and substituting therefor the words the Cabinet Secretary responsible for planning. CLAUSE 127 THAT, Clause 127 be amended by deleting subclauses (2) and (3). CLAUSE 137 THAT, Clause 137 be amended by inserting a new sub-clause immediately after subclause 137(1) as follows 137(1A) The County Budget and Economic Forum shall consist of (a) The Governor of the county who shall be the chairperson; (b) other members of the county executive committee; (c) a number of representatives equal to the number of executive committee members appointed by the Governor from persons nominated by organizations representing professionals, business, labour issues, women, persons with disabilities, the elderly and faith based groups at the county level. CLAUSE 144 THAT, Clause 144 (18) be amended by deleting the words Consolidated Fund and inserting in place therefor the words County Revenue Fund.

(No.330)

THURSDAY, JUNE 21, 2012

(3729)

CLAUSE 165 THAT, Clause 165 be amended in subclause (3)(b) by inserting the words Controller of Budget immediately after the words National Treasury. CLAUSE 187 THAT, Clause 187 be amended(a) by re-numbering the existing subclause (1) as subclause (2) and inserting a new subclause before the re-numbered subclause 187(2) as follows 187(1) There is established a Steering Committee to be known as the Loans and Grants Steering Committee comprising:a) the Deputy President who shall be the Chairperson; b) the Chairperson of the Council of County Governors who shall be the ViceChairperson of the Committee; and c) twelve members from the Inter-governmental Budget and Economic Council reflecting regional representation. (b) in the in the renumbered subclause (1)(f) by inserting the words who shall be the vicechairperson after the word Governors. (c) in subsection (5) by deleting the words Cabinet Secretary and substituting therefor the word Chairperson. (d) in subsection (6) by deleting the words Cabinet Secretary and substituting with the word Vice-Chairperson CLAUSE 190 THAT, Clause 190 be amended in subsection (2) by deleting all the words appearing after the words the Constitution. CLAUSE 191 THAT, Clause 191 be amended in subsection (4) by deleting the word notify immediately after the words the Cabinet Secretary shall and substituting therefor the word consult. CLAUSE 192 THAT, Clause 192 be amended by deleting the words perform the functions set out in this Part and substituting therefor the words be a body corporate capable of suing and being sued, and with power to acquire, hold, charge and dispose of movable and immovable property.

(No.330)
CLAUSE 193

THURSDAY, JUNE 21, 2012

(3730)

THAT, Clause 193 be amended(a) by deleting subsection (1)(e) and substituting therefor the following (1)(e) Institute of Certified Public Accountants of Kenya (b) by deleting subsection (1)(j).
(c) in subsection (2) by deleting all the words appearing after the words their nominees

are and substituting therefor the words certified members in good standing of a professional body for accountants recognized by law in Kenya.
(d) by deleting subsection (4) and substituting therefor the following-

(4) The Board shall have its own secretariat and shall have such support staff as shall be necessary for it to effectively perform its functions.
(e) by inserting a new sub-clause (6) immediately after Clause 193(5) as follows-

(6) The Board shall elect the chairperson and vice-chairperson. CLAUSE 194 THAT, Clause 194 be amended in subsection (1) by inserting the words Private Sector immediately before the words Accounting Standards Board at the beginning of the clause. CLAUSE 209 THAT, Clause 209 be deleted.

2.

NOTICE is given that the Chairperson of the Budget Committee Hon. Elias Mbau intends to move the following amendments to the Public Financial Management Bill, 2012 at the Committee Stage
CLAUSE 4 THAT, clause 4 be amended in subclause (4) by inserting the words with the approval of the Cabinet and Parliament immediately after the words from time to time. CLAUSE 6 THAT, clause 6 be deleted. CLAUSE 7 THAT, clause 7 be amended (a) in paragraph (d), by deleting the words the National Assembly, Cabinet Secretary and substituting therefor the words Parliament, the Judiciary;

(No.330)

THURSDAY, JUNE 21, 2012

(3731)

(b) by deleting paragraph (h) and substituting therefor the following new paragraph (h) introduce the Appropriations Bill in the National Assembly. CLAUSE 8 THAT, clause 8 be amended in subclause (1) by deleting the words introduce into the Senate appearing in paragraph (b) and substituting therefor the word review. CLAUSE 10 THAT, clause 10 be amended in subclause (1) by inserting the following new paragraph immediately after paragraph (i) (j) propose, where necessary, alternative fiscal framework in respect of any financial year. CLAUSE 11 THAT, clause 11 be amended in subclause (2), by deleting paragraph (c) and substituting therefor the following new paragraph (c) the Public Debt Management Office established by section 62. CLAUSE 12 THAT, clause 12 be amended in subclause (2) by deleting the word regularly appearing in paragraph (f) and substituting therefor the word quarterly. CLAUSE 13 THAT, clause 13 be amended (a) in subclause (1), by deleting paragraphs (a), (b) and (f); (b) by deleting subclauses (2), (3), (4) and (5). CLAUSE 15 THAT, clause 15 be amended in subclause (2) (a) in paragraph (a), by (i) deleting the words over the medium term; (ii) deleting the words by regulations and substituting therefor the words annually through the Budget Policy Statement; (b) deleting the words by regulations appearing in paragraph (b) and substituting therefor the words annually through the Budget Policy Statement; (c) deleting the words over the medium term appearing in paragraph (c).

(No.330)
CLAUSE 16 THAT, clause 16 be deleted. CLAUSE 17

THURSDAY, JUNE 21, 2012

(3732)

THAT, clause 17 be amended by deleting subclauses (6), (7) and (8). CLAUSE 22 THAT, clause 22 be amended in subclause (1) by deleting the word Parliament wherever it occurs and substituting therefor the words National Assembly. CLAUSE 25 THAT, clause 25 be amended (a) in subclause (2), by deleting the expression 15th February and substituting therefor the expression 15th January; (b) in subclause (4), by deleting paragraph (c) and substituting therefor the following new paragraph (c) the proposed national fiscal framework with limits for the national government, indicative limits for Parliament and the Judiciary, and indicative transfers to the county government; (c) by deleting subclause (7) and substituting therefor the following new subclause (7) The Budget Committee of the National Assembly shall, not later than 25th February, table its report and recommendations on the Budget Policy Statement for adoption by the National Assembly with or without amendments. CLAUSE 26 THAT, clause 26 be amended (a) in subclause (1), by deleting the expression 30th September and substituting therefor the expression 31st August; (b) in subclause (3), by deleting paragraph (a) and substituting therefor the following new paragraph (a) transmit the paper to the Budget Committee of the National Assembly to be laid before each House of Parliament.

(No.330)
CLAUSE 33 THAT, clause 33 be amended

THURSDAY, JUNE 21, 2012

(3733)

(a) in subclause (1) by, deleting the expression 15th February and substituting therefor the expression 15th January; (b) in subclause (4), by deleting the words As soon as practicable and substituting therefor the words Within fourteen days after the debt strategy paper is submitted to Parliament. CLAUSE 37 THAT, clause 37 be amended in subclause (2) by deleting paragraph (c). CLAUSE 39 THAT, clause 39 be amended (a) in subclause (1), by inserting the words except the Finance Bill immediately after the words relevant Bills; (b) in subclause (2), by deleting the words Cabinet Secretary on the proposed recommendations and substituting therefor the word public. (c) By deleting subclauses (3) and (4). CLAUSE 40 THAT, clause 40 be amended (a) in subclause (4), by deleting all the words appearing after the words together with and substituting therefor the words the report of the committee on the Bill; (b) by deleting subclauses (5) and (6). CLAUSE 45 THAT, clause 45 be amended (a) in subclause (1), by inserting the word immediately after the word lapse; (b) in subclause (2), by inserting the words within thirty days after the end of the financial year immediately after the words Controller of Budget.

(No.330)
CLAUSE 48

THURSDAY, JUNE 21, 2012

(3734)

THAT, clause 48 be amended in subclause (1) by (a) deleting the word including appearing in the opening part; (b) deleting paragraphs (a), (b), (c), (d), (e), (f), (g) and (h). CLAUSE 50 THAT, clause 50 be amended in subclause (12), by inserting the words and to Parliament, at the end of each quarter immediately after the word Budget. CLAUSE 53 THAT, clause 53 be amended in subclause (2), by inserting the words and approved by Parliament immediately after the word regulations. CLAUSE 56 THAT, clause 56 be deleted. CLAUSE 62 THAT, clause 62 be amended by inserting the following new subclauses immediately after subclause (1) (1A) The Public Debt Management Office shall be headed by a Director who shall be appointed by the Cabinet Secretary, through a competitive process, and with the prior approval of the National Assembly. (1B) A person shall not be qualified to be appointed as a Director under subsection (1A) unless that person holds a minimum of a masters degree in either economics, public finance, financial management or a closely related area from a recognised university, and has at least fifteen years experience in public finance management. CLAUSE 73 THAT, clause 73 be deleted and replaced with the following new clause National government entity to have financial management and internal audit control system. No. 12 of 2003. 73. Every national government entity shall ensure that it has in place a financial management and internal audit control system that complies with the requirements of the Public Audit Act, 2003.

(No.330)
CLAUSE 77

THURSDAY, JUNE 21, 2012

(3735)

THAT, clause 77 be amended by deleting the word my appearing immediately before the words not be excluded and substituting therefor the word may. CLAUSE 89 THAT, clause 89 be amended in subclause (1) by deleting the word six appearing immediately before the word months and substituting therefor the word three. CLAUSE 95 THAT, clause 95 be amended (a) in subclause (1), by deleting the words promptly direct the National Treasury to; (b) by deleting subclause (2). CLAUSE 96 THAT, clause 96 be amended in subclause (3) by deleting the word require appearing in paragraph (b) and substituting therefor the word request. CLAUSE 103 THAT, clause 103 be amended in subclause (2) by deleting paragraph (c) and substituting therefor the following new paragraph (c) the departments deputed by the Executive Committee member for finance to perform treasury functions. CLAUSE 105 THAT, clause 105 be amended (a) in subclause (1), by deleting paragraphs (a) and (c); (b) by deleting subclauses (3), (4), (5) and (6). CLAUSE 108 THAT, clause 108 be deleted. CLAUSE 117 THAT, clause 117 be amended (a) in subclause (1), by deleting the expression 28th February and substituting the expression 30th January;

(No.330)

THURSDAY, JUNE 21, 2012

(3736)

(b) by deleting subclause (6) and substituting therefor the following new subclause (6) Not later than 10th March, the county assembly shall consider the County Fiscal Strategy Paper and may adopt it with or without recommendations. CLAUSE 123 THAT, clause 123 be amended in subclause (1), by deleting the expression 28th February and substituting the expression 30th January. CLAUSE 124 THAT, clause 124 be amended by inserting the words within seven days of the request immediately after the word responsibilities. CLAUSE 136 THAT, clause 136 be amended in subclause (1) by inserting the word immediately after the word lapses. CLAUSE 147 THAT, clause 147 be amended in subclause (1) by deleting the words and the Public Service Board. CLAUSE 155 THAT, clause 155 bee deleted and replaced with the following new clause County 155. Every county government entity shall government entity ensure that it has in place a financial management and to have financial internal audit control system that complies with the management and requirements of the Public Audit Act, 2003. internal audit control system. No. 12 of 2003. CLAUSE 185 THAT, clause 185 be amended in subclause (1) by deleting the word six appearing immediately before the word months and substituting therefor the word three. CLAUSE 193 THAT, clause 193 be amended (a) in subclause (1), by

(No.330)

THURSDAY, JUNE 21, 2012

(3737)

(i) inserting the word Public immediately after the word Chartered in paragraph (e); (ii) deleting the word and appearing at the end of paragraph (h); (iii) deleting paragraph (j); (b) by deleting subclause (2).

CLAUSE 208 THAT, clause 208 be amended by deleting paragraphs (a), (d) and (e). CLAUSE 209 THAT, clause 209 be deleted.

Tenth Parliament (No. 332) REPUBLIC OF KENYA NATIONAL ASSEMBLY TENTH PARLIAMENT (FOURTH SESSION) ORDERS OF THE DAY THURSDAY, JUNE 21, 2012 AT 2.30 P.M. PRAYERS
1. 2. 3. 4. 5. 6. 7. Administration of Oath Communication from the Chair Petitions Papers Notices of Motion Questions (as set out in the Appendix) Statements

Fourth Session Afternoon Sitting (3638)

COMMENCEMENT OF BUSINESS
NOT LATER THAN 3.30 P.M 8.* COMMITTEE OF SUPPLY - VOTE ON ACCOUNT, 2012/2013 FISCAL YEAR MOTION - (The Minister for Finance) THAT, in accordance with Section 222 of the Constitution of Kenya, the withdrawal of Kenya shillings 424,666,046,946 representing one-half of the total net estimates of Recurrent and Development Expenditure made up in the manner set out in the Vote on Account Schedules laid in the House, be authorized for the purpose of meeting expenditure necessary to carry on the services of the Government of Kenya during the year ending on the 30th June, 2013, until such time as the Appropriation Act for the year comes into operation. (His Excellency the President has given his consent to this Motion)

.............../Notice

(No.332)

THURSDAY, JUNE 21, 2012

(3639)

NOTICE
NOT LATER THAN 3.30 P.M ADJOURNMENT OF THE HOUSE TO A DAY OTHER THAN THE NEXT NORMAL SITTING DAY. The Speaker will today call upon the Leader of Government Business to move a Motion for Adjournment of the House to a day other than the next normal Sitting Day. MOTION (Leader of Government Business) THAT, this House do adjourn until Tuesday, 24th July, 2012 2.30 p.m. LIMITATION OF DEBATE ON A MOTION FOR ADJOURNMENT OF THE HOUSE The House resolved on Tuesday March 02, 2010 as follows:THAT, the debate on any Motion for the Adjournment of the House to a day other than the next normal Sitting Day shall be limited to a maximum three hours with not more than five minutes for each Member speaking. Provided that, when the period of Recess proposed by any such Motion does not exceed nine days, the debate shall be limited to a maximum of thirty minutes, and shall be strictly confined to the question of the adjournment.

* Denotes Orders of the Day

.../Appendix

(No.332) ORDER NO.6

THURSDAY, JUNE 21, 2012 APPENDIX QUESTIONS BY PRIVATE NOTICE

(3640)

1.

The Member for Ikolomani (Dr. Boni Khalwale) to ask the Minister for Local Government:(a) Is the Minister aware that an individual has put up an illegal structure (Car wash facility) on land L.R. NAIROBI/BLOCK/93/1418 which is between Plainsview Estate and Shell Petrol Station along Mombasa Road? Is the Minister further aware that the Minister for Lands accompanied by officers from the City Council of Nairobi demolished some illegal structures in 2010 on the same land and declared that the land was a road reserve? Could the Minister demolish the illegal structure forthwith and allow the residents of Plainsview Estate South B to fence the area in order to avoid construction of such structures?

(b)

(c)

2.

The Member for Emuhaya (Dr. Wilbur Ottichilo) to ask the Minister for Forestry and Wildlife: (a) Could the Minister confirm that the Government has approved the de-gazzettement of parts of Nairobi National Park for the construction of Nairobi Southern By-Pass road against the recommendation of NEMA? Is the Minister aware that the de-gazzettement of any National Park in the country is prohibited by law without the approval of Parliament? Is the Minister further aware that implementation of the proposed de-gazzettement, will set a dangerous precedent for demands for de-gazzettement of various parts of National Parks in the country by the local communities and could the Minister assure the House that the proposed de-gazzettement will not be implemented and instead the earlier planned road reserve will be repossessed from illegal allotee(s) and developer(s) who may have encroached on the same?

(b)

(c)

3.

The Member for Naivasha (Mr. John Mututho) to ask the Minister for Lands:(a) Is the Minister aware that the head titles for plots L.R. Nos 2755/1, 2781/2, 2718/2 and 10712 which were surrendered to the Ministry by the owners for sub-division were stolen as confirmed by a letter by the Chief Land Registrar to the Director of Criminal Investigations dated 26th October, 1994? Is the Minister further aware that the theft of these titles is causing tension amongst the bonafide owners of the said land in Maai Mahiu? When will the culprit(s) be arrested and arraigned in court since they are currently using the stolen head titles to sub-divide and sell the said land to members of the public? ./QPN.4

(b)

(c)

(No.332) 4. -

THURSDAY, JUNE 21, 2012

(3641)

The Member for Lari (Mr. David Njuguna) to ask the Minister for Medical Services:(a) Is the Minister aware that three children namely, Pauline Njeri Maina, Elizabeth Nyambura Maina and Catherine Wachuka Maina were burnt at Uplands in Lori location and admitted in the Intensive Care Unit at Kenyatta National Hospital on 9th May, 2012? Is the Minister also aware that one of the children, Catherine Wachuka, subsequently died? What was the cause of the fire and could the Minister consider paying the medical bills at the hospital since the parents cannot afford to pay?

(b) (c)

5.

The Nominated Member (Ms. Shakila Abdalla) to ask the Minister for Medical Services:(a) (b) (c) Is the Minister aware that the Government is planning to distribute syringes to drug abusers/users in the country? How will the syringes help the users? Could the Minister confirm or deny that distribution of the syringes is a way of demonstrating Government failure to curb drug abuse in the country? ORDINARY QUESTIONS

1355

The Member for Makueni (Mr. Peter Kiilu) to ask the Minister for Water and Irrigation:(a) Is the Minister aware that residents of Kikumini Location in Makueni District are experiencing shortage of clean water due to complete silting of the Harambee dam, which was constructed in 1971? How much has the Ministry set aside for desilting the dam in the 2011/2012 financial year? What immediate measures is the Minister taking to ensure clean water is accessible to the residents of Kikumini Location?

(b) (c) 1593 -

The Member for Migori (Mr. John Pesa) to ask the Minister for Roads:(a) Is the Minister aware that some residents of Migori County have erected road blocks too high so that road users especially those driving saloon cars, cannot drive smoothly along Uriri-KadraMigori-Isibania highway? What is the Minister doing to restore order in this important road used by Kenyans and neighbours who visit Kenya for trade purposes? What became of the promise by the Minister on the floor of the House that plans were underway to construct bumps along Rongo-Migori-Isibania road? ./1594

(b)

(c)

(No.332) 1594 -

THURSDAY, JUNE 21, 2012

(3642)

The Member for Nyaribari Chache (Dr. Robert Monda) to ask the Minister for Finance:(a) (b) Is the Minister aware that Corporal Mairiria Lisirma Sigirteis (PF No. 55439) death gratuity has not been paid since 2008? When will the widow of the deceased be paid?

1629

The Member for Samburu East (Mr. Raphael Letimalo) to ask the Minister for Public Health and Sanitation: (a) Could the Minister provide details of health facilities and the Medical personnel in Samburu East Constituency, indicating those operational or under construction either by Constituency Development Fund (CDF) or Government funded? What is the Government policy on expansion of health facilities started by CDF?

(b)

1497

The Member for Isiolo South (Mr. Abdul Bahari) to ask the Minister for Education:(a) Is the Minister aware that the official Government motor vehicle assigned to Garba Tulla DEOs office has been grounded since June 2010? What will the Minister do to ensure that the DEO has a vehicle available for use?

(b)

---x---