Further, the National Assembly transacted the following business during the Special Sittings:
MOTIONS
The following Notices of Motion were considered:
-a. By the Chairperson, Departmental Committee on Education and Research on consideration of nominees for appointment as Members of the Teachers Service Commission:
THAT, taking into consideration the findings of the Departmental Committee on Education and Research in its Report on the Vetting of Nominees for appointment to the Teachers Service Commission, laid on the Table of the House on Wednesday, September 1, 2021, and pursuant to the provisions of Article 250(2)(b) of the Constitution, section 8(
-(i) Dr. Nicodemus Ojuma Anyang – Member;
(ii) Ms. Christine K. Kahindi – Member;
(iii) Ms. Sharon Jelagat Kisire – Member;
(iv) Ms. Annceta G. Wafukho – Member; and
(v) Mr. Salesa Adano Abudo – Member.
By a Resolution made on Wednesday, September 1, 2021 the House approved the five nominees for appointment as members of the Teachers Service Commission.
b. By the Chairperson, Departmental Committee on Justice and Legal Affairs:
The House adopts the Report of Departmental Committee on Justice and Legal Affairs on its consideration of the nominees as Members of the Independent Electoral and Boundaries Commission, laid on the Table of the House on Wednesday, September 1, 2021, and pursuant to the provisions of Article 250(2)(b) of the Constitution, section 7A of the Independent Electoral and Boundaries Commission Act, 2011 and section 8 (1) of the Public Appointments (Parliamentary Approval Act, 2011, this House approves the appointment of the following persons as Members of the Independent Electoral and Boundaries Commission:
-(i) Ms. Juliana Whonge Cherera – Member;
(ii) Mr. Francis Mathenge Wanderi – Member;
(iii) Ms. Irene Cherop Masit – Member; and
(iv) Mr. Justus Abonyo Nyang’aya – Member.By a Resolution made on Wednesday, September 1, 2021 the House approved the five nominees for appointment as members of the Teachers Service Commission.
BILLS
The following Bills were considered in the various stages:
(i) First Reading stage:
-a. The Sustainable Waste Management Bill (National Assembly Bill no. 22 of 2021)(Sponsored by the Leader of the Majority Party)The principal object of the Bill is to establish the legal and institutional framework for the sustainable management of waste and to ensure the realization of the constitutional provision on the right to a clean and health environment.
b. The National Disaster Risk Management Bill (National Assembly Bill No. 28 of 2021) (Sponsored by the Leader of the Majority Party)
This Bill seeks to establish the Intergovernmental Council on Disaster Risk Management and the National Disaster Risk Management Authority to ensure that there is co-ordination of disaster risk management issues at the national and county level.
The Bill further seeks to establish County Disaster Risk Management Committees in each of the counties as the role of disaster risk management is a shared function between the national and county governments under the Fourth Schedule to the Constitution.
To this end the Bill proposes to bring together the staff of the National Disaster Operations Centre, the National Disaster Risk Management Unit to undertake National Disaster Risk Management.
The main premise of the Bill is to approach disaster risk management in a manner that seeks first to respond effectively and in a timely manner to any disaster or risk of disaster, and to prevent the adverse effects of a disaster, recover, as far as may be possible, the livelihood of communities affected by a disaster.
c. The Public Procurement and Asset Disposal (Amendment) Bill (National Assembly Bill No. 32 of 2021) (Sponsored by the Leader of The Majority Party)
The purpose of the Bill is to amend the Public Procurement and Asset Disposal Act to address the challenges faced by procuring entities in implementing the Act including the multiple awards of contracts in the wake of sections 82 and 86 of the Actd.
The Universities (Amendment) Bill (National Assembly Bill No. 35 of 2021) (Sponsored by the Leader of the Majority Party)The Bill seeks to amend the Universities Act in the provisions relating to the appointment of the members of University Councils, and the governance of universities, and also to make new provisions with respect to the Universities Fund.
e. The Public Procurement and Asset Disposal (Amendment) (No.2) Bill (National Assembly Bill No. 36 of 2021) (Sponsored by the Chairperson, Departmental Committee on Finance and National Planning).
The principal object of this Bill is to amend the Public Procurement and Asset Disposal Act, 2015 to subject the open tender method of procurement to a two-envelope bid process.
Under the proposals, persons shall be invited by a procuring entity to submit technical proposals for evaluation.
Where at least three technical proposals are deemed responsive, the successful bidders are to be invited to submit financial proposals within a twenty-four-hour window for evaluation.
The two-stage process is proposed to be concluded within the prescribed evaluation period.
The proposal further seeks to amend the maximum prescribed period for evaluation of open tenders from the current thirty days to thirty business days;
and to waive the requirement on bidders to provide evidence of compliance with tender criteria to reduce the current reliance on technicalities to disqualify bidders during tender evaluation.
Under the proposed amendments, bidders shall be required to submit a declaration under oath of their experience, qualifications and certifications held and the evaluation committee would only be required to verify the details of the declarations of successful bidders before awarding of a tender.
(ii) Second Reading stage:
– The House considered in Second Reading:
-The Central Bank of Kenya (Amendment) Bill (National Assembly Bill No. 10 of 2021) Sponsored by the Departmental Committee on Finance and National Planning.
The principal object of this Bill is to amend the Central Bank of Kenya Act to provide for licensing of digital credit service providers, who are not regulated under any other law.
The current position is that there is no legal framework governing digital borrowing platforms.
As such, the Central Bank of Kenya will have an obligation of ensuring that there is a fair and non-discriminatory marketplace for access to credit.
Pursuant to the provisions of Standing Order 128 of the National Assembly the question for Second Read was put and agreed to.
The Bill was therefore read a Second Time.
