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9th July 2014

REPUBLIC OF KENYA

NYANDARUA COUNTY ASSEMBLY

1st ASSEMBLY-2nd SESSION

OFFICIAL HANSARD REPORT

9:00 PM

PRAYERS

Hon. Deputy Speaker on the chair

Speaker: Let us have the first order

Clerk: Administration of oath

Speaker: Next

Clerk: Communication from the chair

Speaker: Next

Clerk: Messages

Speaker: Next

Clerk: Petitions

Speaker: Next order

Clerk: Papers

Disclaimer: The Electronic Version of the Hansard Report is for information purposes only. A certified copy of the Hansard Report can be obtained from the Hansard Editor.

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Speaker: Next

Clerk: Notices of motions

Speaker: Next order

Clerk: Statements

Speaker: Next order.

Clerk: Progress report on the Sports Management by The Committee on, and Social services

Labour.

Speaker: Yes Hon. Tizianah.

Hon. Tizianah: Thank you Mr. Speaker for giving me this opportunity. On behalf of the

member for who was to move the progressive report, I beg to seek leaf. The member lost her

father and she is therefore engaged on matters of his burial.

Speaker: I pass my message of condolence to her and her family. Next order.

Clerk: Tabling the report on the Nyandarua County Bursary Bill, 2014.

Speaker: Yes Member for Leshau Pondo and Chairman Education committee.

Hon. Kamau Josphat: Thank you Mr. Speaker Sir, Mr. I beg to table the report of the

Education, Social services and Labor, on The Nyandarua County Bursary Bill, 2014, and I now

table the report with the Clerk.

Speaker: Hon. Kamau, you can also move ahead and move the report.


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Hon. Kamau Josphat: Thank you Mr. Speaker. Due to the urgency of this matter and the

anticipation that is in the public who are waiting for the Bursary fund, Mr. Speaker, I do wish to

invoke the Standing Orders number 116 (1), so as to allow for the second reading of the bill.

Speaker: Ok, the standing orders 116 (1), that after a motion is tabled members shall be given

three sittings so as to read and understand the report allow the chairman to proceed and move the

motion. Before you move the motion, I will ask the clerk to read the bill for the second time.

Clerk: The Nyandarua county bursary bill, 2014.

Speaker: Now hon. Kamau you can move a motion for the second reading of the bill.

Hon Kamau Josphat: Mr. Speaker sir I do wish to move the motion that the bill read the second

time.

Speaker: Hon. Kamau, you can now deliberate on your report of the bursary bill and there after

call a member to second.

Hon Kamau Josphat: Thank you Mr. Speaker I do wish to report that the committee held public

participations and thereafter we retreated to write a report on the same. We also made

amendments to the bill…

(Hon Kieru rising on a point of order)

Speaker: What is it hon. Kieru?

Hon. Kieru: Mr. Speaker sir I think the chairman is misguiding the house by saying that they

made amendments to the bill. We all know that it is only in this house that amendments to any


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bill can be made and not by the house committees. The committee can only propose amendments

to a bill Mr. Speaker.

Speaker: Hon members, the member for Gatimu is very correct. The committee can only

propose amendments. Hon. Kamau please continue

Hon Kamau Josphat: thank you Mr. Speaker for the guidance. On behalf of the committee, I

wish to thank the office of the speaker and that one of the clerk for facilitating the committee. It

is out of that, that we came up with this report.mr speaker the committee observed that some

students have been forced out of school due to lack of school fees as a result of high poverty

index. We also noted that there are some boarding primary schools in the county but due to the

high amount paid in terms of school fees, most of the people within the county cannot afford to

educate their students there. It was also the feeling of the committee that even students in

polytechnics deserve to benefit from the bursary kitty. We also decided that students with special

needs also need to benefit from the bursary as some of them really struggle to be in school.

During the public participations it was the feeling of the public that the total amount set aside for

bursary be distributed equally amongst the 25 wards. It is also the recommendation of this

committee that the officers to be appointed by the CEC for legal be approved by the county

assembly. Initially the committee noted that schools used to be given a block cheque i.e. a

cheque for all the students benefiting from the bursary. We recommend should be written a

separate cheque. Thank you Mr. Speaker and call upon hon. Nancy to second.

Hon Nancy: Mr. Speaker sir, I second.


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(Laughter)

Speaker: Yes hon. member for Kaimbaga.

Hon. Njiraini: Thank you Mr. Speaker sir, I wish to congratulate the members of the Education

committee for coming up with that wonderful report. I have also observed that many students are

in dire need as Mr. Speaker, in many cases people have come to my office requesting for the

bursary and I have always sometimes had to give the money for school from my own pocket.mr

speaker I do request the hon. members to consult in low voices.

Speaker: Hon. Members, if you have to consult please to so in low tones so as to avoid other

members.

Hon. Njiraini: The poverty level in this county Mr. Speaker is quite high and I had a hectic time

trying to sort out all those students who come to my office to seek help. If we enact this bill, such

students will benefit from the bursary kitty. Thank you Mr. Speaker sir.

Speaker: Yes hon. member for Gatimu

Hon Kieru: thank you Mr. Speaker sir for giving me this time. I want to state Mr. Speaker that I

have noted that the executive has not been keen on the issues of bursaries and awarding them to

our students. Last time we all are aware that the CEC for finance removed the money we had

allocated for bursaries and took it to another vote head under the pretext that there should be a

bill in place to regulate the fund.


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Mr. Speaker sir initially, we have noted that bursaries were in rather unorthodox manner. The

money was given to the officials of the ministry of education to distribute. This is because there

was no law in place to guide the whole process. The public did not understand where this money

came from because all the cheques were indicated CDF bursary.

With the new law in place, the relevant committees will be deciding who will benefit and also

follow modalities when distributing the funds and also ensure that the respective persons who

will have benefited are called upon to receive their cheques. Thank you Mr. Speaker and I call

upon the mover to commend.

Hon Kamau Josphat: Thank you Mr. speaker sir, let me take this opportunity to thank all the

members who have contributed to this motion am aware that the hon. members have been

anxiously waiting for the enactment of this bill and it is not that they are shying away from

contributing in the same. I request that during the committee of the whole house that the hon.

members do agree to adopt the amendments proposed by the committee also request that the

executive should adhere to what will legislate to the letter.mr speaker sir I now wish to move

that the bill be read for a second time.

(Question proposed)

(Question put and agreed upon)

Speaker: Hon. Members, the bill now stands committed to the committee of the whole house.

(Speaker leaves the chair)


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Chairman: Hon. Members, we are now in the committee of the whole house to deliberate on the

Nyandarua County Bursary bill, 2014.let us start with clause 3.

Clerk :( reads)

(Question proposed)

(Question put and agreed upon.)

(Hon Nancy rising on a point of order)

Chairman: what is it Hon. Nancy?

Hon Nancy: Mr. Speaker sir, I am very disturbed as we go through the bill. This is because if

you look in the house, majority of the popularly elected members are not in the house yet they

will be the patrons of the bursary. We can also as the nominated members decide to go out and

see what will happen.

Speaker: It is true Hon. Nancy but again, there is quorum in the house and therefore no need to

panic .if there was no quorum it would be a different thing. What is it hon. Kieru?

Hon Kieru: Mr. Chairman I was thinking of making an amendment on clause 3(b) by deleting

the word amount and replace it with the word percentage.

(Question on the amendment proposed)

(Question on the amendment put and agreed upon)


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Hon Kamau Josphat: Mr. Chairman, I also want to propose an amendment on the same so as to

delete the word public and replace it with the word education so as to also include the private

institutions call upon hon. ngotho to second.

Hon Kamau Ngotho: Mr. Chairman I second the amendment because the word education

institutions is inclusive of all learning institution.

(Question on amendment proposed)

(Question on amendment put and agreed upon.)

(Question on inclusion of the clause 3(b) as amended put and agreed upon)

(Hon Ngotho rising on a point of order)

Hon ngotho: Mr. Chairman, I want your guidance on this because I don’t know whether the

clerk is supposed to read while seated.

Chairman: Hon Ngotho you are right, she is supposed to read while standing. Next clause

Clerk :( reads)

Chairman: I understand that clause 4 has several amendments but if it is agreeable among the

hon. members, we can make global amendments.

(Question on clause 4 proposed)

Hon Kamau Josphat: Mr. Chairman I wish to propose the following amendments. That in

clause 4(a) 1%should be replaced by putting 1.5%.


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In clause 4(2) include the phrase “with approval of the county assembly” so as to allow for the

for the oversight role of the County Assembly.

In clause 4(4) to replace 5% with 3%. I call upon hon. Ngotho to second the amendment.

Hon ngotho: Mr. Chairman, I second the amendment

(Question on the amendments proposed.)

(Question on the amendments put and agreed upon.)

(Question of inclusion of clause 4 with amendments put and agreed upon.)

Hon Kieru: Mr. Chairman I want to propose the amendment on the same.

Chairman: It is okay, but you will propose the amendments after we are done with hon.

kamau’s.

Hon Kamau Josphat: Mr. Chairman I would also propose that in clause 4(a) we insert the

phrase “and shall be deposited into that fund at the first quarter of every financial year”.

(Question on the amendment proposed.)

(Question on the amendment put and agreed upon.)

Clerk: (reads clause 5)

(Question on clause 5 proposed.)


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Hon Kamau Josphat: Mr. Chairman, we have several amendments to propose on clause 5(e),

(g) and (h).

Chairman: If agreeable, we can also make amendments on this clause.

(Question on clause proposed.)

Clerk: (reads 5 (e), (g) and (h)

Hon Kamau Josphat: I propose that clause 5 (e) be amended to include assistant chief...I also

propose that 2(b) be amended by deleting the word chairman and replace it with the word

chairperson.

I also propose that 2(g) should be amended by deleting the words “representative of youth” and

include the word “one youth”. I also propose that the word “a representative of persons with

disability” be deleted and replace them with the words “one person with disabilities “I call upon

Hon. Kariuki Muchiri to second.

Hon Kariuki Muchiri: Mr. Chairman I second the amendments because a representative might

not necessarily be either a youth or a person with disabilities. And therefore a person that is

directly related to that particular field.


Hon Gachomba: Mr. Chairman on the inclusion, I think it is not necessary because it is the

office we are talking about but not the office holder. The assistant chief could also be delegated

upon to perform such functions.


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Chairman: It is true Hon. Gachomba but I guess you know that there are some areas that don’t

have assistant chiefs but only chiefs.

Hon Ndirangu: Mr. Chairman I think we should not have the provision of either the chief or the

assistant chief because we have seen how they have initially dealt with the issue of the bursaries.

Chairman: But Hon. Ndirangu you know very well that if you intend to move an amendment

you are also supposed to write to the speaker 24 hours before the sitting. You cannot therefore

move that amendment.

(Question on the amendment put and agreed upon)

(Question on inclusion with amendments put and agreed upon)

Clerk: (read clause 6)

(Question proposed)

Hon Kamau Josphat: Mr. Speaker I was consulting on something and I didn’t hear you propose

the question but I wanted to propose amendments on this clause.

Chairman: Okay, then I will ask the clerk to read that clause again.


Hon Kamau Josphat: I want to propose an amendment on clause 6(4) that 2 years be deleted

and replaced with 5 years and also the phrase “eligible for a re-election once”

(Question on amendment proposed.)


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(Question on amendments put and agreed upon.)

(Question on inclusion of the clause with amendments put and agreed upon.)

Hon Kamau Josphat: Mr. Chairman I don’t have any other amendment on that clause.



Hon Kamau Josphat: Mr. Chairman I would like to propose an amendment on clause 7(1) (b)

by putting the word “the” between the words “of and office”. I call upon Hon. Kariuki Muchiri

to second. Under section 5(g) and (h) an amendment to delete the words “representative of the”

and “representing persons” so as the representatives of the youth and those of the persons with

disabilities can be part of the groups.

Hon. Kariuki Muchiri: Chairman I second the amendments.

(Question on amendments proposed.)

(Question on amendment put and agreed upon).

(Question on inclusion of the clause with amendments put and agreed upon.)

Clerk: (reads clause 8,)

Hon Kamau Josphat: Mr. Chairman I do have two amendments I have to propose on clause

8(1) (g), I propose that the word chairman be deleted and replaced with the word chairperson.

The other is an introduction of a new clause. Also an amendment to introduce a new clause


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section 6(5) to read as “the county Executive Committee member shall make regulations on

the guidelines for nomination and election of the members of the committee.”

Chairman: I think member for Leshau Pondo, new clauses should be introduced after we are

done with all the existing clauses.

I also propose that clause 8(1), (d) to include the phrase “circumstances of each student”. this is

informed by the fact that students have different challenges. I also propose that clause 8(1),(g) be

amended by deleting the word chairman and replacing it with the word chairperson.

(Question on amendment proposed)

(Question on amendment put and agreed upon).

(Question on inclusion of the clause with amendment put and agreed upon.)

(Hon Kirumba assumes the chairperson’s seat)

Hon. Kamau Josphat: Mr. Chairman I also want to propose that everywhere the word “chairman

“appears, in the bill, it should be deleted and replaced with the word “chairperson”.


Hon Kamau Josphat: Mr. Chairman, I also wish to propose the amendment that in clause 9(2),

six members be deleted and replaced with the phrase “at least half the total number of members”.

And also that there should be included the phrase “each time not exceeding three times and not

more than three sittings per time of each meeting”.


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(Question on inclusion of the clause as amended put and agreed upon.)


Hon Kamau Josphat: that there should be an amendment to section 8(3) to read as “and

according to the circumstances of each student”.


(Question on clause 10 put and agreed upon.)


Hon Kamau Josphat: Mr. Chairman I want to propose an amendment to clause 11(1) so as to

delete the whole of that clause and insert “the fund shall be distributed equally among the 25

wards”. Also an amendment to introduce a new clause Section 8(3) to read as,

“The County Executive Committee members shall make regulations outlining the functions of

each state officer in the committee”.

This is because we don’t have a county population census report because the last census was

done for the whole country and none has been done particularly for Nyandarua County so as to

determine the total population for each ward so as to determine the poverty index of every ward.



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Hon Kamau Josphat: Mr. Chairman I also want to propose that clause 9(2) be amended by

deleting “a certain portion” and insert “at least 10%”.

Chairman: please get the words correctly because as you know this is a bill and we ought to be

extra careful with the wording.

Hon Kamau Josphat: it is okay then chairman. It should be “shall set aside at least 10% of the

total amount for form ones applications as a result of late arrival. I call upon hon. Thuita to

second.

Hon Thuita: Mr. Chairman I do second amendment as proposed.

(Question on amendment of clause 9(2) proposed.)

(Question on amendment of clause 9(2) put and agreed upon.)

(Question on inclusion of clause 9(2) as amended put and agreed upon.)

Clerk: (reads clause 9(3)

Hon Kamau Josphat: Mr. Chairman I chose to go as per the sections in the clause other than

doing global amendments so as to ease and make understanding of the same better.

Chairman: but hon. Kamau I think this section are inter-related and therefore making global

amendments would make us move faster. If you have the write up you can use it to avoid getting

bogged up.


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Hon Kamau Josphat: let me then move to the last amendment i.e. clause 9(3), (b) so as to

delete the word “may” and include the word “shall”. That under Section 6(1), a higher threshold

for the appointments should be introduced in the requirements for the qualifications of the

elected to include,

(a)Have attained O-level education;

(b)Meets the requirements of Chapter Six of the Constitution; and

©Is a resident of the ward.



Clerk: (reads 12)

Hon Kamau Josphat: the constitution of Kenya provide under Article 27 for freedom against

discrimination. It also provides for the affirmative action and in pursuance of those provisions,

this bill would portray a discrimination against women on gender basis repeatedly providing for

the term chairman. The committee thus recommended that it should be substituted with the word

“chairperson”.

(Question on clause 12(1), (2) and (3) proposed.)

(Question on clause 12(1), (2) and (3) put and agreed upon).



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Hon Kamau Josphat: section 9(2) of this bill provides three meetings per year and the

committee deliberated on its possibility and the need for reasonable time too finalized the duties

and functions. It was decided that each time the committee meets it shall not sit or more three

days.thus, an inclusion of “and each time not exceeding three days” between ‘per year’ and ‘but’

and the words “with the approval of the County Executive Committee member” after the word

‘time’ was recommended.

(Question on clause 13 (1) and (2) proposed.)

(Question on clause 13(1) and (2) put and agreed upon.)

Clerk: (reads clause 14 (1) and (2)

Question proposed.

Hon Thuita: Mr. Chairman I wish to amend that the word “public” be deleted and in its place be

inserted “learning institutions”. This is because we had initially made the same amendment. And

that the code of Section 9 should read as “Committee meetings” and a deletion of all the codes in

that Section.




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Hon Kamau Josphat: that under Section 11, it was recommended that the fund be distributed

equally amongst the 25 wards.Thus, Section 11(1) should read as “the fund shall be distributed

equally amongst all wards.



Clerk: (reads clause 16, part 4, Finance and Administration.

Hon Kamau Josphat: Mr. Chairman I wish to propose an amendment that the letter s be deleted

in the word officers to read officer.

Under section 11(2) the following amendments were recommended; to substitute the words

‘Executive Committee member’ with ‘Ward Bursary Allocation Committee’ and also ‘a certain

proportion of the fund’ with ‘at least 10% of the disbursement for the First Term”.

(Question on amendment proposed.)

(Question on amendment put and agreed upon.)

(Question on inclusion of the clause as amended put and agreed upon)

Clerk :( reads clause 17(1), (2), (3), (4) and (5)

Hon Kamau Josphat:

(Question proposed.)



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(Question proposed)






(Question proposed)


Clerk: (reads first schedule)

(Question on the first schedule proposed.)


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Hon Kamau Josphat: Mr. chairman as we had agreed earlier and as it should be in this case I

propose to amend by deleting the word public and replace with the word learning institution

which will include special schools, tertiary institutions and colleges. I call upon hon. Thuita to

second.

Hon Thuita: Mr. Chairman I second the proposed amendment.



Hon Kamau Josphat: Mr. Chairman I also wish to propose amendments that sub-section four

be taken as five and vice versa.



Clerk: (reads second schedule)

(Question on the second schedule proposed.)

Hon Kamau Josphat: Mr. Chairman on the second schedule, I propose to amend the application

form so that it holds the name of the specific ward where an application will be made in. I call

upon hon. Nancy to second.

Hon Nancy: I rise to second Mr. Chairman but with an amendment.


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Chairman: we need to finish with the former amendment before you can propose your

amendment.

Hon Kariuki Muchiri: thank you Mr. Chairman .I rise to support the amendment because we

have initially seen instances where people apply for bursaries wherever they want. The inclusion

of the name of the particular ward will curb this kind of menace. Thank you Mr. Chair. I support.

Chairman: then, on members there is the issue of the logo on the application form and now that

we are going to come up with our county logo, what is your feeling about the same?

Hon Kamau Josphat: Mr. Chairman I think we should propose that the application should have

the county logo.



Hon Nancy: Mr. Chairman, I wish to propose an amendment on Clause A (1),(9), so as to delete

one “n” in the word “confirmation”. I call Hon. Becky to second.

Hon. Becky: Thank you Mr. Chairman, I second the amendment by deleting one “n” in the word

confirmation.




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Hon.Kamau Josphat: Thank you Mr. Chairman, I also wish to call upon Hon. Kier to propose

an amendment he has.

Hon. Kieru: Thank you Mr. Chairman, I wish to propose an amendment on page 12, that A5 to

be A4 and vice versa.

Chairman: I agree with You Hon Kieru, actually it makes sense that way.

Hon. Kamau Josphat: I also want to propose an amendment that in 1st Schedule (5), to

introduce Public Boarding Primary Schools as second in that order.

Chairman: Hon. Kamau, I think it would also be in order, if agreeable among the members, to

also make global amendments as before.

Hon. Kamau Josphat: Thank you Mr. Chairman, on Schedule 2, a (5), on Family Status, that (5)

should be the mobile No. of Parent or Guardian.

Hon. Kieru: Mr. Chairman, also on page 4, Clause 7, (1) (a) and (b), we introduce a“c”to read “A

member shall be voted out by the other members if they lack confidence in him or her.”

On page 6 Mr. Chairman, I wish to propose the amendment that there should be (8) to read “No

meeting shall be held without the knowledge of the Patron”

Hon. Kamau Josphat: I also wish to propose an amendment on Clause 6 to add “The CEC

shall make regulations for the elections of members.” and also that “That the CEC shall

make regulations that shall highlight the role of each member in the committee”


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Hon Kieru: Mr. Chairman, Clause 11 has (1), (2), and (3). I wish to amend by adding (4) to read

“The secretary to committee shall ensure that the list of successful applicants shall be send

to the CEC by 25th of February each year.”

That is one of the new clauses we need to introduce and include in the bill.

(Question on new clause proposed.)

(Question on the new clause put and agreed upon.)

Chairman: Yes Hon Nancy.

Hon. Nancy: I wanted clarity on the issue of removal of a member of the committee from office.

Does it mean that if a member commits an offence outside this proposed Bill and he or she is

convicted he/she will continue being in the office?

Chairman: That is a genuine concern Hon. Nancy and I think that is taken care of under the

word felony. And now Hon. Members, since the Deputy Speaker is tied up somewhere and given

that an the first chairman in the Speaker’s panel, I wish to invoke the standing orders no. 25 so as

to invite the Chairperson of the committee to report the deliberations to the speaker.

Hon. Kirumba: Thank you Mr. Speaker Sir, I wish to report to the chair that we have had a

successful committee of the whole house where we have deliberated on the Nyandarua County

Bursary Bill, 2014. We have proposed several amendments in the Bill and also introduced new

clauses. Thank you Mr. Speaker sir.

Speaker: Thank you Chairman.


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(Question on the adoption of the bill proposed.)

(Question on the adoption of the Bill put and agreed upon.)

(Hon. Kieru rising on a point of order.)

Hon Kieru: Thank you Mr. Speaker Sir, Let me refer you and the house to the standing order

number 130. (READS). According to the standing, the speaker was to propose that the bill be

read for the Third time.

Speaker: Hon. Members, then apologize for the miss-up and therefore, I wish to propose the

question that the bill be read a third time.

Question proposed

Clerk: (Reads the bill’s title)

Hon. Kamau Josphat: Mr. Speaker sir, I now wish to move the motion that the bill be read a

third time.

(Question on the third reading of the Bill proposed.)

(Question on the third reading put and agreed upon.)

Speaker: Clerk please read the Bill for the Third time.

Clerk: The Nyandarua County Bursary Bill, 2014.

(Question on the adoption of the bill with amendments proposed.)


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(Question on the adoption of the Bill with amendments put and agreed upon.)

Speaker: And now Hon. Members, this bill is part of this house. Next order.

Clerk: The order paper is exhausted Mr. Speaker.

(House adjourns)


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