Senate · Afternoon Sitting

Tuesday, 21 February 2023

Session Summary

Senators debated a motion to release a Kshs163 million conditional grant for county headquarters, agricultural inputs and school infrastructure, urging timely and prudent spending. Speakers highlighted delays in Treasury disbursements, food insecurity, drought relief needs, and tensions between county assemblies and governors, while also criticizing political rallies that divert attention from urgent service delivery. Senators voiced frustration over perceived delays and poor communication regarding Standing Orders and the Political Parties Dispute Tribunal, accusing the process of needlessly inflaming the House. They also debated inter‑house dynamics, noting that the Senate feels sidelined by the National Assembly, and discussed party realignments, particularly Jubilee’s shift toward Kenya Kwanza. Procedural issues such as pending court orders and committee papers were also raised. Senators voiced frustration over limited speaking opportunities and accused the Deputy Speaker of breaching Standing Orders, sparking a heated procedural debate. The discussion centered on the definition and role of party whips, the authority of the Senate Business Committee, and the correct application of Standing Orders. While the Deputy Speaker defended the procedures and urged progress, several members continued to challenge the chair’s actions.

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Hon. Senators, I want the Clerk to ascertain whether we have quorum. Let us proceed. The Senate Minority Leader (Sen. Madzayo) : On a point of order, Mr. Deputy Speaker, Sir.

[(The Clerk-at-the-Table ascertained that there was quorum)]

Justice Stewart Madzayo
Sen. Madzayo) :Orange Democratic Movement

Yes, what is out of order? The Senate Minority Leader (Sen. Madzayo) : Mr. Deputy Speaker, Sir, last week, we communicated to your Office with regard to changes made in the Leadership of the Minority side. From last week up to today, this Communication has been lying in your Office.

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Yes, what is out of order? The Senate Minority Leader (

Justice Stewart Madzayo
Sen. Madzayo) :Orange Democratic Movement

Justice Stewart Madzayo
Sen. Madzayo) :Orange Democratic Movement

What do you expect me to do when we get to Order No.2? Is it to sit or stand, so that I can give any communication?

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

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

You are out of order, Senate Minority Leader. The Senate Minority Leader (

Justice Stewart Madzayo
Sen. Madzayo) :Orange Democratic Movement

Justice Stewart Madzayo
Sen. Madzayo) :Orange Democratic Movement

Senate Minority Leader, can you, please, have your seat? I am on Order No.2. You should expect any Communication from the Chair. You did not follow the sequence. The Senate Minority Leader (Sen. Madzayo) : Mr. Deputy Speaker, Sir, that is fine. Maybe I did not hear you properly. However, Sen. (Dr.) Khalwale should behave himself.

[(Loud consultations)]

Justice Stewart Madzayo
Sen. Madzayo) :Orange Democratic Movement

Justice Stewart Madzayo
Sen. Madzayo) :Orange Democratic Movement

Can the Senators kindly have their seats? Hon. Senators, as you may recall, at the Sitting of the Senate held on Wednesday, 15th February, 2023, the Senate Minority Leader rose on a point of order seeking the directions of the Chair regarding a proposed change in the leadership of the Minority Party. The Senate Minority Leader asserted that he had communicated changes in the leadership of the Min…

[(Several Senators walked into the Chamber)]

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

What do you expect me to do when we get to Order No.2? Is it to sit or stand, so that I can give any communication?

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

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Justice Stewart Madzayo

Hon. Senators, the Minority Leader will be heard in absolute silence.

[(Laughter)]

Justice Stewart Madzayo
Sen. Madzayo):Orange Democratic Movement

Mr. Deputy Speaker, Sir, do you hear these kinds of manners?

[(Applause)]

[(Applause)]

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Justice Stewart Madzayo
Sen. Madzayo) :Orange Democratic Movement

Mr. Deputy Speaker, Sir, that is fine. Maybe I did not hear you properly. However, Sen. (Dr.) Khalwale should behave himself.

[(Loud consultations)]

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Mr. Deputy Speaker, Sir, we just want guidance on when the communication that is not covered by the court order will be made. That is all. We will go to the courts for the rest of the matters before the court. We have no problem.

[(The Clerk-at-the-Table consulted the Chair)]

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

No. today, I might lose on you again. spoke off record)

[(The Senate Minority Leader (Sen. Madzayo)]

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

No. You know I have been so lenient the whole of the afternoon and now you are taking me back again to the same thing we have concluded. spoke off record) So, who is the owner of the Court order? I did not draft the Court order. The same Court can clear him. You argue those issues in Court. spoke off record) So who is making that judgment? Those are the issues you should do on Monday the 28th. …

[(The Senate Minority Leader (Sen. Madzayo)]

[(The Senate Minority Leader (Sen. Madzayo)]

[(Sen. Sifuna spoke off record)]

Wamatinga Wahome
Sen. WamatingaUnited Democratic Alliance

Let us have all the Statements read. Keep your comments. We have two Statements from the Senator for Kisumu County, Sen. (Prof.) Tom Ojienda SC.

Wamatinga Wahome
Sen. WamatingaUnited Democratic Alliance

Thank you, Mr. Deputy Speaker, Sir. I have two Statements this afternoon. The first Statement is on disaster preparedness in Kisumu County. Mr. Speaker Deputy Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security Defense and Foreign Relations regarding disaster management preparedness in Kisumu County. In the Statement, the Committe…

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Thank you. Next Order.

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

We have several Statements. We will start with Sen. Wamatinga. That is if you still have some energy or you can wait for the next one.

Wamatinga Wahome
Sen. WamatingaUnited Democratic Alliance

I thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Education regarding Form One intake in the country. In the Statement, the Committee should-

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Thank you, Mr. Deputy Speaker, I rise Pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on the acquisition and distribution of relief supplies by the County Government of Marsabit and neighbouring counties sourced by the Counties Development Fund. In the Statement, the Committee should-

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

We have two more Statements.

[(Loud consultations)]

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Let us have all the Statements read. Keep your comments. We have two Statements from the Senator for Kisumu County, Sen. (Prof.) Tom Ojienda SC.

Tom Odhiambo Ojienda
Sen. (Prof.) Tom Ojienda SC.Orange Democratic Movement

Thank you, Mr. Deputy Speaker, Sir. I have two Statements this afternoon. The first Statement is on disaster preparedness in Kisumu County. Mr. Speaker Deputy Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security Defense and Foreign Relations regarding disaster management preparedness in Kisumu County. In the Statement, the Committe…

Tom Odhiambo Ojienda
Sen. (Prof.) Tom Ojienda SC.Orange Democratic Movement

Mr. Deputy Speaker, Sir, my second Statement is on the invasion of the Ahero rice fields by quelea birds in Kisumu County. I rise Pursuant to Standing Order No.53 (1) to seek a Statement from the the Standing Committee on Agriculture, Livestock and Fisheries regarding the invasion of the Ahero rice fields by quelea birds in Kisumu County. In the Statement, the Committee should-

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Yes, Mr. Deputy Speaker, Sir.

Chute Mohamed Said
Sen. ChuteUnited Democratic Alliance

Thank you, Mr. Deputy Speaker, I rise Pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on the acquisition and distribution of relief supplies by the County Government of Marsabit and neighbouring counties sourced by the Counties Development Fund. In the Statement, the Committee should-

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Thank you, Sen. Chute. We have two other Statements from Sen. Murango.

Murango James Kamau
Sen. (Dr.) MurangoUnited Democratic Alliance

Thank you, Mr. Deputy Speaker, Sir. I rise, pursuant to Standing Order No. 53 (1) to request for a Statement from the Standing Committee on Trade, Industrialization and Tourism on the ownership status and revival of Mwea Cotton Ginnery. In the Statement, the Committee should-

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Thank you. Sen. Githuku, proceed.

Kamau Joseph Githuku
Sen. GithukuJubilee Party

Mr. Deputy Speaker, Sir, it is not Peninah but Peris Tobiko. In the New Testament, Jesus Christ looked at children and said they belonged to the Kingdom of God. We cannot claim to be Christians or believers in anything if we do not look after our children. It means we do not value what God values.

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Sen. Tobiko, do you have a Statement?

Pesi Peris Tobiko
Sen. TobikoUnited Democratic Alliance

Yes, Mr. Deputy Speaker, Sir.

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Proceed.

Pesi Peris Tobiko
Sen. TobikoUnited Democratic Alliance

Mr. Deputy Speaker, Sir, I rise, pursuant to Standing Order 52 (1) to make a Statement on an issue of general topical concern, namely: the unacceptable disciplinary measures meted against children by uncouth individuals. Mr. Deputy Speaker, Sir, children are a blessing who bring so much joy to their parents. The community and, indeed, the nation as a whole also consider them an important asset. F…

Murungi Kathuri
The Deputy Speaker (Hon. Kathuri)United Democratic Alliance

Kindly, let us go to the next Order.

Okoiti Andrew Omtatah
Sen. Okiya OmtatahNational Reconstruction Alliance

On a point of order, Mr. Deputy Speaker, Sir.

[(Applause)]

Murungi Kathuri
The Deputy Speaker (Hon. Kathuri)United Democratic Alliance

What is it, Sen. Peris Tobiko?

Okoiti Andrew Omtatah
Sen. Okiya OmtatahNational Reconstruction Alliance

Mr. Deputy Speaker, Sir, it is not Peninah but Peris Tobiko. In the New Testament, Jesus Christ looked at children and said they belonged to the Kingdom of God. We cannot claim to be Christians or believers in anything if we do not look after our children. It means we do not value what God values.

Okoiti Andrew Omtatah
Sen. Okiya OmtatahNational Reconstruction Alliance

Sen. (Dr.) Khalwale, I hear you. The Chairs have no obligation to report to the Floor of the House. However, it means that, for two months, your Statement has not been responded to by the relevant Ministry.

Murungi Kathuri
The Deputy Speaker (Hon. Kathuri)United Democratic Alliance

Thank you, Sen. Okiya Omtatah. We are limited by time. I want to give a chance to one more Senator. Sen. Cherarkey, you have done enough today. What you said earlier this afternoon is enough for the people of Nandi. Let us give Sen. Mutinda this chance. Proceed.

Tabitha Mutinda
Sen. Tabitha MutindaUnited Democratic Alliance

Thank you, Mr. Deputy Speaker. I rise to support the Statement from our colleague, Sen. Tobiko. As a leader and a parent, I agree that the joy of our children is something godly and one we are proud of. Through social media, we have seen what is happening to our younger generation and it is a sad.

Tabitha Mutinda
Sen. Tabitha MutindaUnited Democratic Alliance

Sen. Cheptumo, whom do you want to inform? He is no longer on the Floor.

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Mr. Deputy Speaker, Sir, what Sen. (Dr.) Khalwale is raising is a concern. I thought it is good to just share that once a Member raises a question or a Statement, we take up the issues with the relevant ministry. When a written answer is obtained from the ministry, it is shared with the Member. If there are issues that are not sufficiently responded to in the Statement, then we still do a furthe…

[(Loud consultations)]

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

What is it, Sen. (Dr.) Khalwale?

Khalwale Boni
Sen. (Dr.) KhalwaleUnited Democratic Alliance

Mr. Deputy Speaker, Sir, I request you because you have that power, when you look at a Statement and see that it has some urgency, give it some timeline. Tell the Chair to give the answer within a specific timeline, so that we can have some Statements answered or reported back to the House with immediate effect.

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

I am constrained with time. I give Sen. Orwoba one minute.

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

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Cheptumo William Kipkiror
Sen. CheptumoUnited Democratic Alliance

What is your point of order, Sen. Cherarkey?

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Sen. Cheptumo, whom do you want to inform? He is no longer on the Floor.

Cheptumo William Kipkiror
Sen. CheptumoUnited Democratic Alliance

Mr. Deputy Speaker, Sir, what Sen. (Dr.) Khalwale is raising is a concern. I thought it is good to just share that once a Member raises a question or a Statement, we take up the issues with the relevant ministry. When a written answer is obtained from the ministry, it is shared with the Member. If there are issues that are not sufficiently responded to in the Statement, then we still do a furthe…

[(Loud consultations)]

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

Madam Temporary Speaker, I am winding up. The report must be tabled.

Karungo Paul Thangwa
Sen. Thang’waUnited Democratic Alliance

Mr. Deputy Speaker, Sir, I do not purport to speak on behalf of the other chairs because you are the Chair of Chairs. All I want to tell the Senator for Kakamega County who raised that issue, is that the President had seen this problem. That is why he proposed that we should be having CSs on the Floor of this House so that they answer questions with the speed that is required. Before pointing at…

Karungo Paul Thangwa
Sen. Thang’waUnited Democratic Alliance

On that issue of Statements, I hear your interjection. From the reading of Standing Order 53 (3) (b) , it is clear that a Statement may be prepared and tabled on that matter. It would be good practice that Chairpersons of Committees ensure that they conclude on Statements that are raised against the Committees and they are encourage to table them. Although the wording of the Standing Order is tha…

Murungi Kathuri
The Deputy Speaker (Sen. Kathuri)United Democratic Alliance

I am constrained with time. I give Sen. Orwoba one minute.

Gloria Magoma Orwoba
Sen. OrwobaUnited Democratic Alliance

Thank you, Mr. Deputy Speaker, Sir. I am glad Sen. (Dr.) Khalwale has raised this. It is an issue I have been dealing with personally. I am not a Chair. I was a Vice-Chair but I was de-whipped because of literally pushing for the efficiency of the business of a Committee. I personally brought several Statements to the Floor of the House concerning issues on Safaricom registration and protection o…

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

Veronica Waheti Nduati

What is your point of order, Sen. Cherarkey?

Cherarkey Samson K
Sen. CherarkeyUnited Democratic Alliance

Thank you, Madam Temporary Speaker. I note the change on the Chair. My congratulations, I can see you are wearing our party colors. Madam Temporary Speaker, when you look at the Secretariat, and I need guidance on this; Standing Order No.52 and 53 (3) (b) , the Speaker may allow comments in relation to the Statement in not more than 15 minutes. I am saying this being aware that we are past the St…

Veronica Waheti Nduati

Please, wind up Sen. Cherarkey.

Cherarkey Samson K
Sen. CherarkeyUnited Democratic Alliance

Madam Temporary Speaker, I am winding up. The report must be tabled.

Cherarkey Samson K
Sen. CherarkeyUnited Democratic Alliance

As a friend of the Committee, I do not have powers to sign the report or vote on the report because I am not a Member of the Committee. So, where do I get my recourse? I get my recourse on the Floor of the House among other colleagues. I thank you.

Veronica Waheti Nduati

On that issue of Statements, I hear your interjection. From the reading of Standing Order 53 (3) (b) , it is clear that a Statement may be prepared and tabled on that matter. It would be good practice that Chairpersons of Committees ensure that they conclude on Statements that are raised against the Committees and they are encourage to table them. Although the wording of the Standing Order is tha…

Veronica Waheti Nduati

What is your point of order?

[(Interruption of Debate on Motion)]

T
The Temporary Speaker

Veronica Waheti Nduati
Sen. Veronica Maina) :United Democratic Alliance

Veronica Waheti Nduati
Sen. Veronica Maina) :United Democratic Alliance

Apologies for that. Hon. Senators, it is now 6.30. p.m., time to adjourn the House. The Senate therefore stands adjourned until tomorrow Wednesday, 22nd February, 2023 at 2.30. p.m. The Senate rose at 6.31. p.m.