Members of Parliament during past proceedings in the National Assembly.
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Crucial bills in limbo as 12th Parliament’s term wanes
What you need to know:
- The lifespan of a bill ranges from two consecutive sessions to a maximum of the term of Parliament. A session of the House is one year.
Crucial bills that could have a direct impact on Kenyans are gathering dust in Parliament while others risk being time-barred as the life of the 12th Parliament comes to an end.
Some of the bills may not go through the entire process of becoming law, as proposed legislation has a lifeline.
The lifespan of a bill ranges from two consecutive sessions to a maximum of the term of Parliament. A session of the House is one year.
But bills to change the Constitution, those related to the budget, such as the division of revenue and county allocations, and those originating in the senate have no time limit until the end of Parliament’s term.
Standing Order 141 stipulates that a bill that has been published, gone through its first and second readings and is not concluded at the end of two consecutive sessions of the same Parliament will lapse at the end of the second Session. But it may be republished in the same or different form.
The Health Laws (Amendment) Bill, 2018, sponsored by Nyando MP Jared Okelo, is stuck in the first reading three years after citizens offered their views on it. The Health Committee is yet to present a report to the House to inform debate in the second reading.
The bill seeks to make it illegal for hospitals to detain patients and bodies due to non-payment of bills. But it has been gathering dust in the House.
“This bill was before the committee in 2018. I don’t understand why other bills have come and bypassed it,” Mr Okelo said.
Helb Amendment Bill
Another bill that has stalled after its first reading is the Higher Education Loans Board (Amendment) Bill ,2020 by nominated MP Gideon Keter.
It was read on October 8, 2020 and nothing has been heard about it since.
The bill seeks to amend the Helb Act to waive interest on the principal amount of a loan advanced to the youth and disabled people until they secure a job.
It also sets the interest that may be charged on the loan at three percent. Any penalty on defaulters can only be charged after borrowers secure employment or five years after completing their studies.
The main purpose of the bill is to reduce the financial burden on recent graduates who are expected to pay large sums of money to Helb even before securing jobs or becoming financially stable.
The Public Procurement and Asset Disposal (Amendment) Bill, 2020, sponsored by Nyaribari Chache Richard Tongi, would compel foreign contractors who win tenders in Kenya to source 100 percent of supplies from local contractors. It is also pending after its first reading in December last year.
Poverty eradication bill
The Poverty Eradication Authority Bill, 2020 by Sirisia MP John Waluke has also stagnated having undergone the first reading.
It would create a poverty eradication authority and a kitty called the Poverty Eradication Fund with Sh600 million to help women and the youth.
If enacted, the Uwezo and Youth funds, which have been riddled with corruption in recent years, would be dissolved.
The Public Debt Management Authority Bill, 2020, sponsored by Sakwa Bunyasi (Nambale) and seeking to establish the Public Debt Management Authority as an independent agency to manage Kenya’s loans, is also still pending after its first reading in December last year
It will also maintain a register of all loans guaranteed by or advanced to the national government (and its entities).
The Liaison Committee, chaired by Deputy Speaker Moses Cheboi, is in charge of coordinating all National Assembly committee work.
Mr Cheboi, during a three-day retreat in Mombasa that ended on Thursday, told the chairpersons of committees that they will need to work hard in the short time left before the end of the current Parliament.
