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Weekly Newsletter - Issue No 318
24th January - 30th January 2022

Editorial

The 12th Parliament resumes with a plate full of activities

The National Assembly resumed its plenary sittings on Tuesday 25th January 2022 marking the beginning of the last session of the 12th Parliament. The sittings were however adjourned indefinitely following the house’s rejection of a list of member nominees proposed by the Majority Leader Amos Kimunya to the House Business Committee. Speaker Justin Muturi informed the House that in the absence of a House Business Committee, house business cannot be transacted unless the House leadership wrote to the Speaker requesting that the decision be reversed based on Standing Order No. 49.

The Majority and Minority leader have since written to the speaker seeking to introduce a motion on the approval of nominees for appointment to the committee. If approved, the National Assembly and their sister house, the Senate, have full plate of activities to consider before their term comes to an end.

Top of the list is budget-related business. This comes at a time when public debt is at an all-time high and when Kenyans are reeling from the high cost of living. As it stands the 12th Parliament’s legacy is one that will be remembered for having voted to expand the public debt ceiling to Ksh 9 trillion. According to the Central Bank of Kenya website, Kenya’s public debt stood at Ksh 7.7 trillion as of June 2021. Parliament has a critical task ahead to not only ensure that a sound budget is passed by the House but that critical institutions in the electoral process are well funded given the sensitivity of the process in the country.

The 12th House must speed up its consideration of key pending bills that are meant to provide solutions to long standing social issues. Key among them is the Mental Health (Amendment) Bill 2020 that addresses issues of accessibility of mental health services including care and treatment of persons with mental illnesses at both national and county levels. This comes at a time that the National Police Service Commission revealed that 12,000 police officers suffer from mental illnesses. The statistics of mental illnesses are even higher among the populace higher signaling the urgent need for a robust law to be in place to provide support through affordable mental health support.

News of the Week

MPs probe the whereabouts of Sh 1.3billion Covid emergency funds 

The National Assembly Public Accounts Committee is investigating the whereabouts of Sh 1.3 billion collected by the Covid-19 task force to cushion Kenyans against the pandemic. This follows revelations by the Treasury PS Julius Muia that the ministry was not part of the board nor aware of the whereabouts of the money collected by the task force established by President Uhuru Kenyatta.
Speaking when he appeared before the committee, the PS revealed that the monies are not reflected in the Treasury’s accounts. It was also revealed that despite President Uhuru Kenyatta directing the Ministry to come up with an emergency fund, the National Treasury was not included in the formation of the board of the same.
It was revealed that on June 12th 2020, the fund registered a private company and named it the Kenyan Covid-19 Emergency Fund Limited, which continued collecting public funds.

Health PS on the spot over unused ventilators

The Ministry of Health is on the spot over the distribution of ventilators in hospitals without ICU capacity. Health PS Susan Mochache was, on Thursday, tasked by the National Assembly Public Accounts Committee to explain what informed the decision on procurement and distribution formula for 100 ventilators. In the audit report presented to the committee, the ministry procured 100 ventilators from Gradian Health Systems. At the time of the audit, 75 had been distributed as per instructions.
According to Mochache, the distribution to counties was based on the disease burden and demand for the ventilators. The committee demanded an explanation, citing Mama Lucy Kibaki Hospital, which received 18 ventilators, and Ruiru Level IV which received five ventilators without an ICU at that time.

MPs' bombshell on National Qualifications Authority 

Thousands of graduates from local and foreign universities whose academic papers were certified and regularised by the Kenya National Qualifications Authority (KNQA) are staring at uncertainty after it emerged the powers to regularise papers by the authority are not backed by law.
It emerged during a parliamentary committee meeting on Thursday that the gazette notice published by the Education Cabinet Secretary in 2018 conferring the powers to KNQA on certification of academic papers were not considered by lawmakers as required by law. The National Assembly Public Investments Committee (PIC), in a meeting with the KNQA observed the authority has been performing the function, which is not backed by any law.
Committee chair and Mvita MP, Abdulswamad Nassir, pointed out that before any regulations come into force, they must be considered by the Committee on Delegated Legislation and passed by the House. 

Bid for new independent CDF auditor gets Speaker's backing

National Assembly Speaker Justin Muturi has backed proposals for a new independent body to scrutinise audit reports on the use of the multibillion-shilling National Government Constituency Development Fund (NG-CDF), citing conflict of interest in the current review arrangement. 
Currently, the fund is managed by committees at the constituency level under the area MP’s patronage. This has raised concern as the NG-CDF is audited by the Auditor-General who then reports to Parliament annually—a scenario that risks watering down accountability.
He challenged public finance watchdogs, including the Auditor-General, the Controller of Budget office, the Institute for Certified Public Accountants of Kenya (ICPAK), and the Institute for Social Accountability (Tisa) to explore alternative channels to oversee the NG-CDF.

President Uhuru Kenyatta signs the Political Parties Amendment Bill into law 

President Uhuru Kenyatta on Thursday at State House, Nairobi signed the recently enacted Political Parties (Amendment) Bill of 2021 into law. The parliamentary bill was approved by the National Assembly over the Christmas and New Year festive period before being referred to the Senate where it was passed Wednesday.
The new law amends the Political Parties Act of 2011 by introducing the concept of coalition political parties, outlining functions of political parties as well as changing the criteria of accessing the Political Parties Fund.
The law also empowers the Registrar of Political Parties to certify political party membership lists and nomination rules among other transformative provisions aimed at strengthening management of political parties and enhancing democracy.

Bills before the Senate

First Reading
THE POLITICAL PARTIES (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILLS NO. 56 OF 2021
Sponsored by Senate Majority Leader Sen. Samuel Poghisio
Second Reading
THE KENYA MEDICAL SUPPLIES AUTHORITY (AMENDMENT) BILL
- SENATE BILLS NO. 53 OF 2021
Sponsored by Sen. Naomi Shiyonga
THE POLITICAL PARTIES (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILLS NO. 56 OF 2021
Sponsored by Senate Majority Leader Sen. Samuel Poghisio
Third Reading: Committee of the Whole House
THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL
- SENATE BILLS NO. 17 OF 2021
Sponsored by Sen. Ledama Olekina
THE HERITAGE AND MUSEUMS BILL
- SENATE BILLS NO. 22 OF 2021
Sponsored by Sen. Alice Milgo
THE COUNTY GOVERNMENTS (AMENDMENT) BILL
- SENATE BILLS NO. 38 OF 2021
Sponsored by Sen. Moses Kajwang’
THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL
- SENATE BILLS NO. 37 OF 2021
Sponsored by Sen. Moses Kajwang’
THE POLITICAL PARTIES (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILLS NO. 56 OF 2021
Sponsored by Senate Majority Leader Sen. Samuel Poghisio

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