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Weekly Newsletter - Issue No 315
15th November - 21st November 2021

Editorial

A call to exercise tolerance in our politics

Election campaigns are in full swing and one would be forgiven for thinking that Kenyans would be going to the ballot in a few weeks. As is the norm during every electoral cycle, hopefuls, particularly those aiming for the highest seats have been touring the country trying to sell their agenda ahead of August 2022. With this comes the discrediting and calling out of opponents on anything and everything that could work to sway the electorate in their favour. While politics is just that, politics, riding on passion, fanaticism and to some extent sycophancy there is a level of tolerance that is lacking in the practice.

Recent news has seen irate crowds attacking politicians and their property. The reasoning behind these actions doesn’t really matter because there really is no excuse to act in a manner that could cause harm and have a ripple effect in the grand scheme of things. Our country has a history of things taking a turn for the worst during electioneering periods. The 2007/08 post-elections violence will forever be etched in our minds. Having this in mind, we should exercise restraint. The essence of a democracy is to allow for different thoughts and perspectives to co-exist and let those who can convince the masses take the day.

It is discouraging to see politicians resort to insults and even deploying goons to disrupt their opponents’ rallies. Where is the room for debate? Where’s the room for rebuttals based on fact and research? While passion is essential in this quest for leadership, wisdom should prevail. Careless remarks could easily set the stage for violence for an election that is expected to be highly contested. Politicians ought to remember that they have a moral and ethical duty to run clean campaigns. A lot, if not all, of them ought to look inwards and remember that the country and safety of its people is bigger than them.

As they do so, we the electorate should remember that we also have a role to play in all of this. Our civic rights are enshrined in the Constitution. That in itself is a powerful reminder that we have a duty to determine the course of our governance and politics through non-violent means.

News of the Week

Law of Succession, Foreign Service Bills signed into law

President Uhuru Kenyatta on Wednesday signed three parliamentary bills into law. The bills include; the Refugees Bill, Foreign Service Bill and the Law of Succession (Amendment) Bill. The new Refugees Act strengthens the management of refugees by consolidating provisions of several international legal instruments.
The Law of Succession (Amendment) Bill amended the Law of Succession Act to streamline the administration of succession matters in the country. The Bill was sponsored by Homa Bay Town MP Peter Kaluma.The new Foreign Service Act establishes the Foreign Service Academy among other key provisions aimed at enhancing Kenya's foreign relations.

Bill proposes to permanently bar corrupt officials from public office

State and public officers convicted of corruption or economic crimes will be permanently barred from vying for political seats or holding public office if a Bill currently before Parliament becomes law. The Anti-Corruption and Economic Crimes (Amendment) Bill, currently at the debate stage in the National Assembly, seeks to address rampant corruption in public service that has largely gone unpunished.
The Bill by Moiben MP Silas Tiren targets managers, chief executives and directors of public institutions. It seeks to hold them personally liable for running down their institutions. Further, it seeks to completely bar anyone convicted of an offence under the Act from holding office as a public or State officer. The proposal seeks to empower the Ethics and Anti-Corruption Commission (EACC) to publish the names of those disqualified from assuming public offices in the Kenya Gazette at least once a year.

Court of Appeal suspends decision by High-Court that nullified 23 laws 

The Court of Appeal has suspended a decision by the High Court that nullified 23 laws among them, the one that operationalised Huduma Namba, slapped higher taxes on betting firms and restricted what Kenyans could say online. A three-judge bench issued a conservatory order staying the execution of the judgment until the case is heard and determined.
The Appeals Court said another conservatory order staying the execution of the judgment and orders of the High Court between Katiba Institute and the Attorney General and others is also granted pending filing, hearing and determination of the intended appeal. The judges said they had analysed all the submissions by both parties and found the basis for granting the relief sought by the AG in both applications as the submissions have met the threshold for granting the relief

IEBC's tender and forms tender award nullified

The electoral commission’s preparations for the 2022 General Election suffered a major setback after the Public Procurement Administrative Review Board (PPARB) nullified a multibillion-shilling tender for the supply of ballot papers and register of voters, among other items. The board, sitting in Nairobi, directed the Independent Electoral and Boundaries Commission to restart the process at the financial evaluation stage. 
A three-year contract worth about Sh3 billion had been awarded to Inform Lykos (Hellas) SA, a Greek company. The tender included supply and delivery of statutory election result declaration forms to be used at polling stations, election and referendum result declaration forms for constituencies and counties, and national tallying centre. However, the board established that IEBC bungled the procurement process after two foreign firms that unsuccessfully bid for the tender challenged the award claiming it was irregular. A ruling by the five-member board chaired by Ms Faith Waigwa took IEBC back to the drawing board. 

Bills before the National Assembly

First Reading
Second Reading
THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 1 OF 2020
Sponsored by Hon. Jeremiah Kioni
THE NATIONAL ELECTRONIC SINGLE WINDOW SYSTEM BILL
- NATIONAL ASSEMBLY BILL NO. 15 OF 2021
Sponsored by Majority Leader Hon. Amos Kimunya
THE COUNTY GOVERNMENTS GRANTS BILL
- SENATE BILL NO. 35 OF 2021
Sponsored by Hon. Kanini Kega
THE ASIAN WIDOWS’ AND ORPHANS’ PENSIONS (REPEAL) BILL
- NATIONAL ASSEMBLY BILL NO. 29 OF 2021
Sponsored by Majority Leader Hon. Amos Kimunya
THE PROVIDENT FUND (REPEAL) BILL
- NATIONAL ASSEMBLY BILL NO. 30 OF 2021
Sponsored by Majority Leader Hon. Amos Kimunya
THE COFFEE BILL
- SENATE BILL NO. 22 OF 2020
Sponsored by Hon. Silas Tiren
THE COMMUNITY GROUPS REGISTRATION BILL
- NATIONAL ASSEMBLY BILL NO. 20 OF 2020
Sponsored by Majority Leader Hon. Amos Kimunya
THE MEDIATION BILL
- NATIONAL ASSEMBLY BILL NO. 17 OF 2020
Sponsored by Majority Leader Hon. Amos Kimunya
THE EMPLOYMENT (AMENDMENT)(No.2) BILL
- NATIONAL ASSEMBLY BILL NO. 79 OF 2019
Sponsored by Hon. Gideon Keter
THE PENSIONS (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 26 OF 2020
Sponsored by Hon. Didmus Barasa
THE COMMUNITY HEALTH WORKERS BILL
- NATIONAL ASSEMBLY BILL NO. 30 OF 2020
Sponsored by Hon. Martin Owino
THE INFORMATION COMMUNICATION TECHNOLOGY PRACTITIONERS BILL
- NATIONAL ASSEMBLY BILL NO. 38 OF 2020
Sponsored by Hon. Godfrey Osotsi
THE NATIONAL CONSTRUCTION AUTHORITY (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 45 OF 2020
Sponsored by Hon. David Gikaria
THE PHARMACY AND POISONS (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 1 OF 2021
Sponsored by Hon. Alfred Keter
THE COMPUTER MISUSE AND CYBERCRIMES (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 11 OF 2021
Sponsored by Hon. Aden Duale
THE HEALTH (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 14 OF 2021
Sponsored by Hon. Mwambu Mabongah
THE NATIONAL GOVERNMENT CONSTITUENCIES DEVELOPMENT FUND (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 16 OF 2019
Sponsored by Hon. Makali Mulu
THE PUBLIC PROCUREMENT AND ASSET DISPOSAL (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 36 OF 2019
Sponsored by Hon. Rigathi Gachagua
THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILL NO. 48 OF 2019
Sponsored by Hon. Alexander Kosgey
THE ANTI-CORRUPTION AND ECONOMIC CRIMES (AMENDMENT) (No.2) BILL
- NATIONAL ASSEMBLY BILL NO. 72 OF 2019
Sponsored by Hon. Silas Tiren
THE PUBLIC FINANCE MANAGEMENT (AMENDMENT) (No.4) BILL
- NATIONAL ASSEMBLY BILL NO. 78 OF 2019
Sponsored by Hon. Samuel Atandi
THE RADIOGRAPHERS BILL
- NATIONAL ASSEMBLY BILL NO. 47 OF 2019
Sponsored by Hon. Sabina Chege
THE NATIONAL COHESION AND PEACE BUILDING BILL
- SENATE BILL NO. 35 OF 2018
Sponsored by Hon. Maina Kamanda
Third Reading: Committee of the Whole House
The Waqf Bill
- NATIONAL ASSEMBLY BILL NO. 73 OF 2019 
Sponsored by Majority Leader Hon. Amos Kimunya
The Assisted Reproductive Technology Bill
- NATIONAL ASSEMBLY BILL NO. 34 OF 2019
Sponsored by Hon. Millie Odhiambo

Bills before the Senate

First Reading
THE MATERNAL NEWBORN AND CHILD HEALTH BILL
- SENATE BILLS NO. 52 OF 2021
Sponsored by Sen. Rose Nyamunga
Second Reading
THE HERITAGE AND MUSEUMS BILL
- SENATE BILLS NO. 22 OF 2021
Sponsored by Sen. Alice Milgo
THE COUNTY OVERSIGHT AND ACCOUNTABILITY BILL
- SENATE BILLS NO. 17 OF 2021
Sponsored by Sen. Ledama Olekina
THE INTERGOVERNMENTAL RELATIONS (AMENDMENT) BILL,
- SENATE BILLS NO. 37 OF 2021
Sponsored by Sen. Moses Kajwang'
THE ALTERNATIVE DISPUTE RESOLUTION BILL
- SENATE BILLS NO. 34 OF 2021
Sponsored by Sen. Sylvia Kasanga
THE COUNTY HALL OF FAME BILL
- SENATE BILLS NO. 9 OF 2021
Sponsored by Sen. Kipchumba Murkomen
THE COUNTY GOVERNMENTS (AMENDMENT) BILL
- SENATE BILLS NO. 38 OF 2021
Sponsored by Sen. Moses Kajwang'
THE NATIONAL COHESION AND PEACE BUILDING BILL
- SENATE BILLS NO. 19 OF 2021
Sponsored by Sen. Judith Pareno
THE NATIONAL HEALTH INSURANCE FUND (AMENDMENT) BILL
- NATIONAL ASSEMBLY BILLS NO. 21 OF 2021
Sponsored by Senate Majority Leader Sen. Samuel Poghisio
THE SPORTS (AMENDMENT) BILL
- SENATE BILLS NO. 40 OF 2021
Sponsored by Sen. Aaron Cheruiyot
THE SPECIAL NEEDS EDUCATION BILL
- SENATE BILLS NO. 44 OF 2021
Sponsored by Sen. Margaret Kamar and Sen. Gertrude Musuruve
THE COUNTY RESOURCE DEVELOPMENT BILL
- SENATE BILLS NO. 45 OF 2021
Sponsored by Sen. Rose Nyamunga
Third Reading: Committee of the Whole House
THE NATURAL RESOURCES (BENEFIT SHARING) BILL
- SENATE BILLS NO. 25 OF 2020
Sponsored by Sen. Agnes Zani
THE CO-OPERATIVE SOCIETIES (AMENDMENT) BILL
- SENATE BILLS NO. 11 OF 2020
Sponsored by Sen. Agnes Zani
THE COUNTY VOCATIONAL EDUCATION AND TRAINING BILL
- SENATE BILLS NO. 6 OF 2021
Sponsored by Sen. Alice Milgo
THE PROMPT PAYMENT BILL
- SENATE BILLS NO. 16 OF 2021
Sponsored by Sen. Farhiya Haji and Sen. Sakaja Johnson
THE START-UP BILL
- SENATE BILLS NO. 1 OF 2021
Sponsored by Sen. Sakaja Johnson

Public Participation

The Departmental Committee on Labour and Social Welfare invites your views on the inquiry into the mistreatment of Kenyan migrant workers in Saudi Arabia and other Middle East Countries.

Written memoranda may be emailed to clerk@parliament.go.ke; to be received on or before Wednesday 24th November 2021 at 5pm.

 The National Assembly invites your views on:
  1. The Petroleum Products' (Taxes and Levies) (Amendment) Bill, (National Assembly Bill No. 42 of 2021)
  2. The Advocates (Amendment) Bill, (National Assembly Bill No. 43 of 2021)
The representations or written submissions may be emailed to clerk@parliament.go.ke; to be received on or before Tuesday, 23rd November, 2021 at 5pm.

 

The National Assembly Constitutional Implementation Oversight Committee invites your views on the following:

  1. The Elections (Amendment) Bill (National Assembly Bill No. 41 of 2021)
  2. The Election Campaign Financing (Amendment) Bill, (National Assembly Bill No. 37 of 2021)

The representations may be emailed to clerk@parliament.go.ke to be receive on or before Friday 10th December 2021 at 5pm.

The National Assembly invites your views on the following Bills:

  1. The Health (Amendment) Bill 2020 (Senate Bill No. 26)
  2. The Investment Promotion (Amendment) Bill (Senate Bill No. 2)
  3. The Office of the County Printer Bill 2021 (Senate Bill No. 13)
  4. The Disaster Risk Management Bill 2021 (Senate Bill No. 14)
  5. The County Boundaries Bill 2021 (Senate Bill No. 20)
  6. The Coffee Bill 2020 (Senate Bill No. 22)

The memoranda should emailed to clerk@parliament.go.ke to be received on or before Thursday 25th November 2021 at 5pm.

The National Assembly's departmental Committee on Justice and Legal Affairs invites your views on the Parliamentary Powers and Privileges (Amendment) (Senate Bills No. 33 of 2020).

The memoranda may be emailed to clerk@parliament.go.ke on or before Wednesday, 1st December 2021 at 5pm.

The National Assembly's Departmental Committee on Finance and National Planning invites your views on the Crime and Anti-Money Laundering (Amendment) Bill (National Assembly Bill No. 39 of 2021).

The representations or written memoranda may be emailed to clerk@parliament.go.ke; to be received on or before Tuesday, 30th November, 2021 at 5pm.

The Senate's Standing Committee on Justice, Legal Affairs and Human Rights invites your views on a Petition to amend provisions of the Constitution and Statutes on the Election of a Deputy President and a Deputy Governor.
The memoranda may be sent by email to the clerk of the Senate on the address csenate@parliament.go.ke and copied to senatejlahrc@parliament.go.ke on or before Friday, 26th November 2021 at 5pm.

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