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The National Assembly Proceeds on a Long Recess

The National Assembly Proceeds on a Long Recess

The National Assembly proceeded on a short recess at the rise of the House on Thursday, 30th August, 2018, pursuant to the provisions of Standing Order 28(3) relating to Calendar of the Assembly. Regular sittings will resume on Tuesday, 2nd October, 2018 at 2:30 p.m. The four (4) weeks recess marks the end of the Second Part of the Second Session of the Twelfth Parliament.

This period in Second Part of the Parliamentary Calendar is usually an extremely busy part as it falls within the Budget Cycle, a period when as provided for in the Constitution, the House among other things determines the allocation of national revenue between the levels of government though the passage of the Division of Revenue Bill; appropriates funds for expenditure by the national government comprising of the Executive, the Judiciary and Parliament to finance their respective programmes and other national and State organs through the passage of the Appropriations Bill, which authorises the withdrawal from the Consolidated Fund of the money needed for the expenditure, and for the appropriation of that money for the purposes mentioned in the Appropriation; and amends the laws relating to various taxes and duties.

Some of the key business considered and passed by the House during the Second Part of the Second Session that is, the period between 5th June to 30th August, 2018 includes:-

  1. Bills passed -
  1. The Building Surveyors Bill (National Assembly Bill No.35 of 2018). This a  Bill for an Act of Parliament to regulate the activities and conduct of building surveyors.
  2. The Kenya Coast Guard Service Bill (National Assembly Bill No.45 of 2017), which is Bill for an Act of Parliament which seeks to provide for the establishment, functions, discipline, organization and administration of the Kenya Coast Guard Service, and for connected matters. The Kenya Coast Guard shall have the mandate of law enforcement and security in Kenya’s internal and territorial waters.
  3. The County Allocation of Revenue Bill (Senate Bill No. 11 of 2018). The Bill sought to provide for the equitable allocation of revenue raised nationally among the county governments for the 2018/2019 financial year; the responsibilities of national and county governments pursuant to such allocation.
  4. The Appropriation Bill (National Assembly Bill No. 22 of 2018). This a Bill for an Act of Parliament to authorize the issue of a sum of money out the Consolidated Fund and its application towards the service of the year ending on 30th June, 2019 and to appropriate that sum and a sum voted on account by the National Assembly for certain public services and purposes.   
  5. The Tax Laws Bill (National Assembly Bill No.11 of 2018). This Bill for an Act of Parliament to make several amendments to the following tax-related statutes. The Income Tax Act (Cap. 470), the Stamp Duty Act (Cap.480), and the Value Added Tax Act, 2013 (No.35 of 2013)
  6. The Finance Bill (National Assembly Bill No.20 of 2018). The Bill formulated the proposals announced in the Budget for 2018/2019 relating to liability, and collection of taxes and matters incidental thereto.
  7. The Appropriation Bill (National Assembly Bill No.22 of 2018), which is a Bill for an of Parliament which provided for the issue, out of the Consolidated Fund, of the sum required to meet public expenditure during the financial year ending on 30th June, 2019. The Bill also appropriated the money granted for services and purposes specified in the Schedule, which is based on the estimates for the 2018/2019 financial year.
  1. The Division of Revenue (Amendment) Bill (Senate Bill No. 14 of 2018), which is a Bill for an Act of Parliament to amend the Division of Revenue Act, No. 1 of 2018, to provide for additional conditional allocations to the county governments for financial year 2018/2019; and for connected purposes.

       

  1. Bills Passed and forwarded to the Senate for consideration –
  1. The Energy Bill (National Assembly Bill No. 50 of 2017). The Bill seeks to consolidate the laws relating to energy, align the legal and regulatory framework of the energy sector with the Constitution of Kenya, 2010. It does this by setting out with clarity the specific roles of the National and County Government in relation to energy. The Bill proposes to repeal the Energy Act No. 12 of 2006 and the Geothermal Resources Act No. 12 of 1982 of the Laws of Kenya.   
  2. The Petroleum (Exploration, Development and Production) Bill    (National Assembly Bill No. 48 of 2017).  The principal object of the Bill is to provide a framework for the contracting, exploration and development of petroleum together with production of petroleum discovered within licensed petroleum exploration block. The Bill also provides a framework for the safe cessation of upstream petroleum operations. The Bill proposes to repeal the Petroleum (Exploration and Production) Chapter 308 of the Laws of Kenya.
  3.  The Copy Right (Amendment) Bill (National Assembly Bill No. 33 of2017). The Bill seeks to amend the Copy Right Act, 2001 to among other things, incorporate new provision for the domestication of Marrakesh Treaty, ISP Liability and Resale Royalty right, and align the Act with the Constitution.
  4. The Public Private Partnerships (Amendment) Bill (National Assembly  Bill No. 52 of 2017). The object of the Bill is to amend the Public Private Partnerships Act, 2013, to recognize county governments as distinct contracting authorities for public-private partnerships projects. To achieve this, the Bill makes provisions for guidelines to be made by the relevant Cabinet Secretary to facilitate the manner in which county government may deal with public-private partnerships arrangements.
  5. The Land Value Index Laws (Amendment) Bill (National Assembly  Bill No. 3 of 2018). The Bill proposes to amend the Land Act, the Land Registration Act and the Prevention, Protection and Assistant to Internally Displaced Persons and Affected Communities Act in order to the provide for the assessment of land value index in respect of compulsory acquisition of land.

The Land Value Index will standardize and harmonize the value of the land across the country for the primary purpose of determining Land Rent, Land Rates, Stamp Duty on conveyance of land and compensation of expropriated land. The Bill seeks to make Land Rates, Rent, Stamp Duty and compensation predictable, rational and not prone to subjective valuations.

 

  1. Reports considered and adopted/noted: -
  1. The Report of the Budget and Appropriations Committee on the Budget Estimates for the National Government, the Judiciary and Parliament for the Financial Year 2018/2019.
  2. The Report of the Committee on Delegated Legislation on its consideration of the Community Land Regulations, 2017, annulling Regulations 23 and 24 of the said Regulations.
  3. The Report of the Committee on Delegated Legislation on its consideration of the Public Finance Management (Senate Monitoring and Evaluation) Regulations, 2018, annulling in entirety the said Regulations.
  4. The Report of the Committee on Delegated Legislation on its consideration of the Civil Aviation (Remote Piloted Aircraft Systems) Regulations, 2017, annulling in entirety the said Regulations.
  5. Report of the Departmental Committee on Lands on the inquiry of alleged irregularities in the compensation for part of LR. No. 7879/4 to Ms Afrison Import Export Ltd and Huelands Ltd by the National Land Commission.
  6. The Second Report of the Procedure and House Rules Committee on Amendments to Standing Orders. Members will now have an opportunity to ask Questions in the House, which will be responded to before the relevant Committee by the Cabinet Secretary responsible for matters raised.  
  7. The Reports on the vetting of nominees for appointment to the various positions including Offices of Chairperson of the Public Service Commission; Chairperson of the Salaries and Remuneration Commission; Chairperson and Members of the Commission on Administrative Justice; Chairperson and Members of the National Gender and Equality Commission; a Member of the Parliamentary Service Commission; the Principal Secretary for the State Department of Youth; the Principal Secretary for the State Department of Transport; High Commissioners and Ambassadors; Chairperson and Members of the Independent Policing Oversight Authority; and Chairpersons and Members of the Salaries and Remuneration Commission.
  8. The Report of the Departmental Committee on Environment and  Natural Resources on the Inquiry into Forest Resource Management and Logging Activities in Kenya.
  9. The Report of the Committee on Members’ Services and Facilities on a benchmarking visit to the Parliament of Ireland Assembly in March, 2018.
  10. The Report of the Committee on Members’ Services and Facilities on the Improvement of Services and Facilities for Members.
  11. The Report of the Select Committee on Regional Integration on Consideration of the East African Community Counter-Trafficking in Persons Bill, 2016; the East African Community Cross Border Trade in Professional Services Bill, 2017; the East African Community Prohibition of Female Genital Mutilation Bill, 2016; the East African Community Retirement Benefits for Specified Heads of Organs Bill, 2015; and the East African Community Youth Council Bill, 2017.
  12. The Report of the Delegation to the 62nd Session of the Commission on Status of Women (CSW62) held in New York, United States of America (USA) from 12th to 23rd March, 2018.
  13.  The Report of the 49th Session of the ACP Parliamentary Assembly  and Inter-Sessional Meetings of the ACP-EU joint Parliamentary Assembly held in ACP House and European Parliament Brussels, Belgium on March 20th  - 22nd, 2018.
  14. The Report of the 138th Assembly of the Inter-Parliamentary Union  (IPU) and related Meetings held in Geneva, Switzerland on March 22 -28, 2018.
  15. The Report of the Committee on Delegated Legislation on its consideration of the Traffic (Driving Schools, Driving Instructors and Driving Licenses) Rules, 2018 annulling in entirety the said Regulations.
  16. The Report of the Committee on Delegated Legislation on its consideration of the Energy (Solar Water Heating) Regulations, 2012 annulling in entirety the said Regulations.
  17. The Report of the Committee on Delegated Legislation on its consideration of the Public Finance Management (Tourism Promotion Fund) Regulations, 2018 annulling in entirety the said Regulations.
  18. The Report of the Committee on Delegated Legislation on its consideration of the Excise Duty Act (Adjustment of Rates for Inflation) Schedule, 2018 annulling in entirety the said Regulations.
  19. The Report of the Committee on Delegated Legislation on its consideration  of The Air Passenger Service Charge Act (Apportionment) Order, 2018 annulling in entirety the said Regulations.
  20. The Report of the Committee on Delegated Legislation on its consideration of The Tax Procedures (Tax Agents) Regulations, 2018 annulling in entirety the said Regulations.

 

  1. Report considered and negatived –

The Report of the Joint sittings of the Departmental Committees on Agriculture & Livestock and Trade, Industry & Cooperatives on the Inquiry into Alleged Importation of illegal and Contaminated Sugar into the Country

 

  1. Private Members Motions-
  1. Motion urging the Government to create water collection and storage management systems in cities and major towns in Kenya moved by the Member for Ndia Constituency, the Hon, George Kariuki GK.
  2. Motion urging the Government to expand the primary school feeding programme to all public primary schools in the Country moved by the Member for West Mugirango Constituency, the Hon. Vincent Mogaka.
  3. Motion urging the Government to establish sports academies in every Constituency moved by Nominated Member, the Hon. Godfrey Osotsi.
  4. Motion urging the Government through all the disciplined forces to consider giving first priority in recruitment of their servicemen and women to all willing NYS graduates moved by the Member for Ol’ Joro Orok Constituency, the Hon. Hon. Michael Muchira.
  5. Motion urging the Government to provide financial support as disaster relief to the coconut farmers in Counties of the Coast Region and put in measures to mitigate future drought related losses through inclusion of coconut insurance under the National Agricultural Insurance Program moved by the Member for Kilifi North, the Hon. Owen Yaa Baya.
  6. Motion urging the Government to put in place measures to revive the Cashew Nut Industry in the Country moved by the Member for Kilifi North, the Hon. Owen Yaa Baya.
  7. Motion resolving that the Government exercises its power to protect Kenyans from harassment by external threats and takes adequate measures to ensure that Kenyan territorial integrity is guaranteed and safeguarded, including through establishment of a naval force to man the Lake Victoria Waters moved by the Leader of the Minority Party, the Hon. John Mbadi.
  8. Motion urging that the Government speedily rolls out installation of Closed Circuit Television (CCTV) cameras in strategic locations in all public secondary schools as an enhanced security mechanism for surveillance of students’ activities; makes provisions for regular and mandatory checks to confirm compliance and enforcement of the mechanism; and enforces strict admission criteria, including maintenance of a profile of alleged perpetrators of arson to ensure they do not escape liability by transferring to other schools without proper screening moved by the Member for Kathiani Constituency, the Hon. Robert Mbui.
  9. Motion urging the National Government to establish a national rugby stadium in the country, and high performance centres of excellence in every region with a view to providing quality sporting infrastructure, promoting the sport, and providing facilities where talent scouted can be nurtured moved by nominated Member, the Hon. Gideon Keter.
  10. Motion urging the National Government to set aside funds to facilitate the construction of post-trauma care facilities and ensure existing ones are rehabilitated and equipped to offer temporary stay for survivors of Sexual and Gender Based Violence (GBV) across the country moved by the Member for Kibwezi East, the Hon. Jessica Mbalu.
  11. Motion urging the Government through the Ministry of Education to establish a special needs unit in every primary and secondary school moved by the Member for Likoni Constituency, the Hon. Mishi Mboko.
  12. Motion urging the Government to provide specialised training for fistula surgeons and subsidises costs for fistula surgery in all health facilities in order to make treatment accessible and affordable moved by the Member for Trans Nzoia County, the Hon. Janet Nangabo.

 

  1. Petitions -

A total of fourty three (43) Petitions from various members of the public, both individuals and groups were presented in the House, and forwarded to the relevant Committees for consideration.

 

  1. Ratification of Treaties

Ratification of the East African Community Protocol on Cooperation of Meteorological Services was approved.

Priority Business for consideration by the House upon resumption of its Sittings

When the House resumes on Tuesday, October 02, 2018 at 2:30 p.m., some of the  priority business for the consideration will include:-

  1. Second Reading of the following Bills:-
  1. The Health Laws (Amendment) Bill (National Assembly Bill No. 14 of   2018).
  2. The Capital Markets (Amendment) Bill (National Assembly Bill No. 19 of  2018).
  3.   The Insurance (Amendment) Bill (National Assembly Bill No. 21 of 2018).
  4.   The Warehouse Receipt System Bill (National Assembly Bill No. 2 of  2018).
  5.   The Sacco Societies (Amendment) Bill (National  Assembly Bill No. 18 of 2018).
  6.   The Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No. 13 of 2018).
  7. The Government Contracts Bill (National Assembly Bill No. 9 of 2018).
  8. The County Pension Scheme (National Assembly Bill No. 49 of 2017).
  9. The Public Finance Management (Amendment) Bill (National Assembly  Bill No. 51 of 2017).
  10. The Constitution of Kenya (Amendment) Bill (National Assembly Bill No. 4 of 2018).
  11. The Constitution of Kenya (Amendment) Bill (National Assembly Bill No. 5 of 2018).
  12. The Parliamentary Service Bill (National Assembly Bill No. 5 of 2018).
  13. The Pharmacy and Poisons (Amendment) Bill (National Assembly Bill No. 8 of 2018).
  14. The Government Contracts Bill (National Assembly Bill No. 9 of 2018).
  15. The Urban Areas and Cities (Amendment) (Senate Bill No. 4 of 2018).

 

  1. Committee of the whole House on the following Bills:-
  1. The Statute Law (Miscellaneous Amendments) Bill (National Assembly Bill No. 12 of 2018).
  2. The County Governments Retirement Scheme Bill (National Assembly Bill No. 10 of 2018).

 

  1. Committee Reports:-
  1. The Report of the Select Committee on Regional Integration on the Inspection Visit to the Isebania One Stop Border Post from 22nd to 25th March, 2018 in Migori County.
  2. The Report of the Departmental Committee on Defence and Foreign Relations on the inspection visits to Kenya’s Diplomatic Missions.
  3. The Report of the Departmental Committee on Environment and Natural Resources on an inquiry into complaints of environmental pollution by London Distillers Kenya Limited.
  4. The Report of the Sixth Ordinary Session of the Fourth Pan-African Parliament held in Gallagher Convention Centre, Midrand, South Africa between 7th to 18th May, 2018.

 

  1. Private Members Motions:-
  1. Motion urging the Government to declare youth unemployment as a national disaster and establishes a National Youth Fund of at least 5 percent of the national revenue collected each year to be administered by an Authority or Commission for purpose of youth empowerment and employment by the Member for Mathare Constituency, the Hon. Antony Tom Oluoch.
  2. Motion urging the Government to establish Industrial Training Centres in every Constituency to enable workers particularly in the informal sector acquire technical skills, competencies and knowledge by the Member for Starehe Constituency, the Hon. Charles Njagua.

 

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