Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-arms, please ring the Quorum Bell for 10 minutes.

[(The Clerk-at-the-Table consulted with the Speaker)]

[(Quorum Bell was rung)]

Serjeant-at-Arms, I am informed that we now have quorum. So, kindly stop the Bell. Clerk, kindly proceed to call the first Order.

Hon. Senators, I welcome you to this Special Sitting of the Senate. I regret to interrupt your recess, but this has been necessitated by urgent legislative business, which requires to be dispensed with.

On the request of the Senate Majority Leader via a letter Reference No. Senator/MLS/06/S.S/O dated 24th August, 2023, and with the support of the requisite number of Senators, I appointed today, Tuesday, 29th, August, 2023, as a day for a Special Sitting of the Senate. The appointment was made by Gazette Notice No.11081, dated 24th August,

Order, Sen. Lomenen! Hon. Senator! Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.47, I received a Message from His Excellency, the Hon. William Ruto, PhD, CGH, the President of the Republic of Kenya and Commander in Chief of the Kenya Defence

[(Sen. Lomenen walked into the Chamber and took his seat)]

Forces on the nomination for appointment of Mr. Andrew Mukite Musangi to the position of Chairperson of the Board of Directors of the Central Bank of Kenya. The Message was transmitted to the Senate via the letter Reference No.OP/CAB/26/4A Vol.2/38, dated 3rd August, 2023 by the Chief of Staff and Head of Public Service (PSC), Mr. Felix K. Kosgei, while the Senate was on recess and transmitted to…

Section 8 of the same Act provides that - “Unless otherwise provided in any law, a Committee shall consider a nomination and table its report in the relevant House for debate and decision within 14 days from the date on which the notification of nomination was given in accordance with Section 5. At the conclusion of an approval hearing, the Committee shall prepare its report on the suitability of…

Hon. Senators, I wish to report to the Senate that, pursuant to Standing Order Nos.46 (3) and (5) , I received a Message from the Speaker of the National Assembly, while the Senate was on recess, regarding the passage of the Climate Change (Amendment) Bill, (National Assembly Bill No.42 of 2023) . The Message, which is dated Thursday 24th August, 2023 was received on Friday, 25th August, 2023 in t…

AND WHEREAS the Climate Change (Amendment) Bill (National Assembly Bill No.42 of 2023) was passed by the National Assembly on Wednesday 23rd August, 2023 with amendments and in the form attached herewith; NOW THEREFORE, in accordance with the provisions of Article 110 of the Constitution and Standing Orders No.41(1) and 142 of the National Assembly Standing Orders, I hereby convey the said decisi…

Hon. Senators, appreciating the importance of this matter, I directed that a Notice of Motion and Motion be scheduled in the Order Paper for this Special Sitting for consideration and adoption.

Thank you, Mr. Speaker, Sir, for this golden opportunity. I welcome the Serjeant-at-Arms from Turkana County. For now, I will not refer to them as Serjeant-at-Arms, but my employers. I am here because of their votes. I congratulate them for visiting the Senate to learn and replicate best practices from here. I assure them that this is a wonderful House and we have great Serjeant-at-Arm who will tr…

I thank them for travelling from the furthest corner of this nation. I pray to God to give them journey mercies on their way back. Since I have been allowed only one minute, I will see them outside the Chamber.

Next Order, Clerk.

Mr. Speaker, Sir, I beg to give notice of the following Motion on the establishment of the National Dialogue Committee - AWARE THAT Article 1 (1) of the Constitution provides that all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the Constitution; FURTHER AWARE that Article 1 (2) of the Constitution provides that the people of Kenya may exercise th…

Next Order.

[(The Clerk consulted the Speaker)]

Hon. Senators, kindly take your seats. Before we proceed to the next Order, allow me to make the following Communication. I would like to acknowledge the presence, in the Public Gallery this morning, of a visiting delegation from St. Brigid Academy, Elgeyo-Marakwet County. The Delegation consists of 56 pupils and 10 teachers. On behalf of the Senate and my own behalf, I welcome the Delegation and…

Thank you Mr. Speaker, Sir. On behalf of the Senate, I take this opportunity to welcome St. Brigid Academy from Keiyo South, Elgeyo-Marakwet County to the Senate. This is one of our schools that does very well. Last year, their Kenya Certificate of Primary Education (KCPE) Mean Grade was 392.

Welcome to the Senate. Congratulations and enjoy yourselves while you are here. Listen to our discussions. I believe some of you, in future, will be in this House and others in the National Assembly. Others will become governors and even presidents. Thank you and karibuni. I will see you shortly when you are out there.

Next Order. Hon. Senators, pursuant to Standing Order No.45 (2) , allow me to re-arrange the sequence of today’s Order Paper. We will proceed with Order No.11 and thereafter, come back to Order Nos. 9 and

Mr. Speaker, Sir, I beg to move the following Motion- AWARE THAT Article 1 (1) of the Constitution provides that all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the Constitution; FURTHER AWARE that Article 1 (2) of the Constitution provides that the people of Kenya may exercise their sovereign power either directly or through their democratically…

RECOGNISING that there is a need to embrace consultation, dialogue and consensus-building as a way of resolving issues of concern to the people of Kenya; COGNIZANT that despite the constitutional and legal reforms on the electoral processes and the electoral laws, after every election cycle there has been mistrust of electoral outcomes, leaving the country divided; FURTHER COGNIZANT that efforts…

However, we are all aware that as a House we were on recess, but we felt that given the urgency and importance that this Committee and the sacred nature of the assignment that is before them, it would be unfair to us as a House if we carried on with our recess and wait until mid of September to come and pass this Motion. We would continue to carry on the long wrongly-held belief that Senate is a s…

I recall that in each of those presidencies, there were moments when they sat back and reflected with colleagues across the Floor. In fact, back then, it was easy because Presidents were Members of Parliament (MPs). Therefore, they would dialogue easily sometimes, either through Motions such as this one presently, on the Floor of the House. Quite a number including yourself had the opportunity to …

Mr. Speaker, Sir, with those many remarks, I beg to move and request my counterpart, the Senate Minority Leader, Sen. Madzayo, to second this Motion. The Senate Minority Leader (Sen. Madzayo): Asante, Bw. Spika---

Senate Majority Leader and Sen. Kinyua, kindly let the Senator be heard in silence. The Senate Minority Leader (Sen. Madzayo) :

[(Loud consultations)]

Bw. Spika, tunajua kuna

Bw. Spika, nia yetu ni kwamba mazungumzo haya yaweze kufaulu. Tuna imani na timu ambazo tumeziweka hapa mbele. Bibilia inatuambia ya kwamba, pale watu wawili au watatu wako pamoja kuzungumza, ni lazima pawe na amani. Kwa hivyo, sisi tuko na imani na mazungumzo haya na vinara wote kutoka upande huu na ule tuliowachagua. Kuna Viongozi wa Walio Wengi wakiongozwa na mhe. Ichung’wa, na Viongozi wa Wal…

[(Loud consultations)]

Hon. Senators, kindly let us hear the Senate Majority Leader in silence. The Senate Minority Leader (

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 111 (1) and (2) . I beg to move the following Motion- THAT, debate on the Motion on the establishment of the National Dialogue Committee be limited as follows-

Bw. Spika, nia yetu ni kwamba mazungumzo haya yaweze kufaulu. Tuna imani na timu ambazo tumeziweka hapa mbele. Bibilia inatuambia ya kwamba, pale watu wawili au watatu wako pamoja kuzungumza, ni lazima pawe na amani. Kwa hivyo, sisi tuko na imani na mazungumzo haya na vinara wote kutoka upande huu na ule tuliowachagua. Kuna Viongozi wa Walio Wengi wakiongozwa na mhe. Ichung’wa, na Viongozi wa Wal…

Yes, Sen. (Dr.) Lelegwe Ltumbesi, what is your point of order? I will, therefore, proceed to call upon hon. Senators to make their contribution to this Motion. However, before I do so, Sen. (Dr.) Lelegwe Ltumbesi, what is your point of order?

[(Sen. (Dr.) Lelegwe spoke off record)]

[(Question proposed)]

Mr. Speaker, Sir, he must apologise! Sen. Cherarkey, take your seat. Serjeant-At-Arms--- Sen. Oketch Gicheru take your seat. Sen. Cherarkey, take your seat or I will order you to leave the chamber.

[(Sen. Cherarkey spoke off record)]

[(Sen. Oketch Gicheru stood up in his place)]

He must apologise! Hakuna watoto hapa! Sen. Cherarkey, having prosecuted your concern, kindly take your seat. For the very last time, I am asking you to take your seat. Sen. Cherarkey, you are out of order, kindly proceed to leave the Chamber.

[(Sen. Cherarkey stood up in his place and spoke off record)]

Mr. Speaker, Sir, I cannot be insulted and then you order the Serjeant-At-Arms to throw me out!

[(Sen. Cherarkey spoke off record)]

[(Loud consultations)]

Serjeant-At-Arms, kindly escort the Member out of the Chamber. I order you to leave the Chamber for the remainder of today’s sitting. Serjeant-at-Arms, kindly use the necessary force under Standing Order No.126 to get the Senator out.

[(Sen. Cherarkey spoke off record)]

[(Sen. Cherarkey was escorted out of the Chamber following the order of the Speaker)]

[(Loud consultations)]

Serjeant-At-Arms, kindly ring the Division bell for two minutes.

[(The Division bell was rung)]

[[The Speaker (Hon. Kingi) left the Chair] [The Temporary Chairperson (Sen. Wakili Sigei) in the Chair]]

Clause 6 The Temporary Chairperson (Sen. Wakili Sigei): I ask the Chairperson Standing Committee on Finance and Budget to move the amendment.

Serjeant-At-Arms, kindly proceed to withdraw the bar and open the doors. Next Order.

[(The bar was withdrawn and doors opened)]

Clause 6The Temporary Chairperson (

I ask the Chairperson Standing Committee on Finance and Budget to move the amendment.

Thank you, Mr. Temporary Chairperson, I beg to move - THAT, Clause 6 of the Bill be amended in paragraph (b) -

[(Loud consultations)]

Thank you, Mr. Temporary Chairperson, Sir. As a Committee, we also noted that this amendment was only in regards to the issue of the

[[The Deputy Speaker (Sen. Kathuri) in the Chair]]

Hon. Members, we have one more vote to make. Chairperson?

Thank you, Mr. Deputy Speaker, Sir. I beg to report that the Committee of the Whole has considered the Public Finance Management (Amendment) Bill, (National Assembly Bills No.16 of 2023) and seeks leave to sit again tomorrow. Mr. Speaker, Sir, sorry, this is the wrong one.

Nyutu, Murang’a County; Sen. Kathuri, Meru County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo Marakwet; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Maanzo, Makueni County; Sen. Madzayo, Kilifi County; Sen. Mandago, Uasin Gishu County; Sen. Mariam Omar, Mandera County; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Mungatana, Tana Rive…

Mr. Temporary Chairman, Sir, I beg to Move that the Committee do report to the Senate its consideration of the Public Finance Management (Amendment) Bill, (National Assembly Bills No.16 of 2023) and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The Bars were drawn and doors opened)]

[(The House resumed)]

[[The Deputy Speaker (Sen. Kathuri) in the Chair]]

Mr. Deputy Speaker, Sir, as a proud member of the Committee on Finance and Budget, I second.

Mover again?

Mr. Deputy Speaker, Sir, I beg to move that the Public Finance Management (Amendment) Bill, (National Assembly Bills No.16 of 2023) be now read a Third Time. I still ask Sen. Oketch Gicheru to second.

Sen. Oketch Gicheru, proceed.

Mr. Deputy Speaker, Sir, I second.

Thank you. We have the last Division. Ring the quorum bell for one minute. Please ring the division bell for one minute or for the shortest time possible.

[(Question proposed)]

Is he aware that he is to second?

Yes, he is, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, as a proud member of the Committee on Finance and Budget, I second.

Hon. Senators, these are the results of the Division-

Mover again?

Hon. Senators, I sincerely thank you for finding time to come to the Senate today. I know you are very busy in other areas of jurisdiction. Kindly open the doors.

[(The bars were drawn and doors opened)]

Sen. Oketch Gicheru, proceed.

Mr. Deputy Speaker, Sir, I second.

Thank you. We have the last Division. Ring the quorum bell for one minute. Please ring the division bell for one minute or for the shortest time possible.

[(Question proposed)]

Let us set the system light for voting. Members, kindly proceed and vote. Sen. Mariam Omar and Sen. Lomenen, please approach the Table.

[(Voting in progress)]

Hon. Senators, these are the results of the Division-

Hon. Senators, I sincerely thank you for finding time to come to the Senate today. I know you are very busy in other areas of jurisdiction. Kindly open the doors.

[(The bars were drawn and doors opened)]