Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Order, hon. Senators! Sen. (Dr.) Boni and Sen. Shakila Abdalla, take your seats. We do have quorum now so, we shall proceed with the day’s Business. Clerk, proceed to call the first Order. Sen. (Dr.) Boni, I ordered you to take your seat.

[(The Quorum Bell was rung)]

[(Sen. (Dr.) Khalwale consulted Sen. Orwoba)]

[(Sen. Shakila Abdalla walked into the Chamber)]

Thank you, Mr. Speaker, Sir. It is a privilege for me to welcome the young women from Namibia. I am truly impressed. African women are coming of age. The delegation is composed of women only. It is so nice. Kenyans must learn from this. Mr. Speaker, Sir, these are very exciting times because up North, Kamala Harris is about to become the President of the United States of America (USA) . Good wome…

[(Laughter)]

is referred to a mediation committee in accordance with the provisions of Article 112(2)(b) of the Constitution; NOW THEREFORE, in accordance with the provisions of Article 112 of the Constitution and Standing Order No.44(1) and No.148(b), I hereby convey the said decision of the National Assembly to the Senate and seek the appointment of nine to a Mediation Committee to consider the Bill in acco…

Thank you, Mr. Speaker, Sir. On behalf of the Senate Majority Leader, I beg to lay the following Papers on the Table of the Senate today, 30th of July 2024 – Report of the Select Committee on Delegated Legislation on the consideration of the various statutory instruments on land matters. The Physical and Land use Planning (Planning Fees) (Amendment) Regulations, Legal Notice No.72 of 2024. The …

documents on the Table)

Next Order. Proceed, the Chairperson Committee on Delegated on Legislation.

Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion- THAT, the Senate adopts the Report of the Select Committee on Delegated Legislation on the consideration of- The Physical and Land use Planning (Planning Fees) (Amendment) Regulations, Legal Notice No.72 of 2024; The Land (Amendment) Regulations, Legal Notice No.74 of 2024; The Land Registration (General) (Amendment) Regul…

Next Order.

Thank you, Mr. Speaker, Sir. I beg to give Notice of the following Motion as well- THAT, WHEREAS the Committee on Delegated Legislation is established under Standing Order No.195 (1) of the Senate Standing Orders and is mandated to scrutinize statutory instruments laid before the Senate; RECALLING that on 2nd May, 2024, the Valuers (Amendment) Rules, 2024 , the Survey (Amendment) Regulatio…

[(Forms and Fees)]

[(Legal Notice No.69 of 2024)]

[(Legal Notice No.71 of 2024)]

[(Legal Notice No.76 of 2024)]

consideration and scrutiny, pursuant to Section 12(1) of the Statutory Instruments Act, Cap. 2A and Standing Order No. 195(3) of the Senate Standing Orders; NOTING that these statutory instruments seek to amend the Valuers (Forms and Fees) Rules, 1987, the Survey Regulations, 1994 and the Land Adjudication Regulations, 1970, respectively, which, pursuant to Section 21(1) of the Statutory Instrumen…

Next Order. Statements pursuant to Standing Order No.52 (1) . Sen. James Lomenen, please, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern, that is, the need for affirmative action to increase the representation of marginalized and underrepresented communities in the Public Service.

Mr. Speaker, Sir, despite the Public Service Commission's (PSC) effort to improve inclusivity, much work remains the Constitution of Kenya in Articles 54 and 56 mandates affirmative action and professional representation to ensure that marginalized groups have access to employment opportunities. However, these measures have not been adequately implemented for Turkana County and other similarly mar…

Senator for Turkana County, I am told you have another Statement under Standing Order No.52 (1) . So, at what juncture do you wish to give it? Is it tomorrow or now?

Then proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a statement on a matter of a countrywide and general topical concern, namely the need to recruit additional National Police Reservists (NPRs) in the banditry prone areas of Turkana County, particularly the areas along the international and internal border areas in Turkana East and Turkana South sub-counties. These ar…

Statements pursuant to Standing Order No. 53 (1) . Sen. Mwaruma, you may proceed.

Thank you, Mr. Speaker, Sir, for this opportunity to request for these two statements. The first one is on bank accounts operated by the Taita-Taveta County Government. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Finance and Budget regarding the bank accounts operated by Taita-Taveta County Government. In the statement, the committee should-

Samruddha Resources Kenya Limited in Kishushe, Wundanyi Sub-county and Taita Taveta County. In the statement, the committee should-

Sen. Boni, proceed.

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No.53 (1) , I rise to seek a statement from the Standing Committee on Finance and Budget in respect of the non-use of the 50 cent coins and the one shilling coins in trading activities in this country. In the statement, the committee should-

Before I call Cherarkey, Sen. Sifuna and Sen. Boni, kindly approach the Chair.

[(Sen. Sifuna and Sen. (Dr.) Khalwale approached the Chair)]

Sen. Cherarkey, you may proceed.

Thank you, Mr. Speaker, Sir. It will interest you to know that the floodlight on my right is off. Therefore, it will affect the quality of transmission. Mr. Speaker, Sir, can I have your attention?

Yes.

It would be of interest to know that the floodlight on the right is off and it might affect the quality of the pictorial that is being transmitted because some of us are dark. The secretariat can fix that. The person laughing loudest is Sen. Methu, who is darker than me.

[(Laughter)]

Proceed, Sen. Mbugua.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Roads, Transportation and Housing regarding approval of building plans by the County Government of Mombasa. In the statement, the committee should-

Let us go to the next Order.

Hon. Senators, we have eight divisions to undertake. I realise that we have the requisite number of delegates. Therefore, we may proceed with this exercise that has been deferred for the past three weeks. I ask the Serjeant-at-Arms to ring the Division Bell for five minutes. Sen. Orwoba, what is your intervention?

Mr. Speaker, Sir, some important statements have been read. We were hoping that we would get a minute or two to add our voice because these are issues facing us, particularly fake news. Heavy statements have been raised on the Floor of the House. I beg you to allow us to add our voices on the same.

We will come back to that after the Divisions. You will have an opportunity to comment. Hon. Senators, the five minutes are long spent. Serjeant-at-Arms, proceed to close the door and draw the Bar. Hon. Senators, we are going to Division on Order No.8. Before we do so, I will need two tellers; one for the Ayes and one for the Noes. Sen. Orwoba is the teller for the Ayes while Sen. Beth Syengo is…

[(The Division Bell was rung)]

[(The Bar was drawn and doors closed)]

[(Sen. Okiya Omtatah and Sen. Kavindu Muthama stood in their places)]

[(Sen. Okiya Omtatah stood in his place)]

Hon. Senators, the results of the Division are as follows-

(The Bill was read a Second Time and committed to a Committee of the Whole tomorrow)

Next Order, Clerk. Second Reading

Hon. Senators, I will now proceed to put the Question. You may proceed to vote once the system is up and running.

Hon. Senators, the results of the Division are as follows-

Next Order, Clerk. Second Reading

Hon. Senators, I will now proceed to put the Question. You may now proceed to vote. Sen. Onyonka, proceed to the Dispatch Box and cast your vote.

[(The Senators proceeded to vote)]

[(Voting in progress)]

Osotsi, Vihiga County; Sen. Onyonka, Kisii County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi County; Sen. Wamatinga, Nyeri County.

Hon. Senators, the result for the Division on Order No. 10 is as follows;

Next Order. Second Reading

Dullo, Isiolo County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elgeyo-Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mwaruma, Taita-Taveta County; Se…

Hon. Senators, the results of the Division on Order No.11 are as follows:

Hon. Senators, the Bill fails to garner the requisite delegation and therefore it fails. Next Order. Second Reading

[(The Bill was negatived by 23 votes to 4)]

Serjeant-at-Arms, you may draw the Bar and close the doors. Please log in a fresh. Serjeant-at-Arms, please, look out for cards that are not attended. Hon. Senators, kindly, start voting now. Log out and log in again.

[(The Bar was drawn and Doors closed)]

[(Voting in progress)]

Senate Majority Leader, please, approach the Clerks-at-the Table for assistance in voting. (Sen. Cheruiyot approached the Clerks-at-the-Table and registered his vote)

Hon. Senators, these are the results on the Division on the Public Transport (Motorcycle Regulation) Bill (Senate Bills No.38 of 2023) .

Let us go to the next Order. Second Reading

Madam Temporary Speaker, may I seek a clarification?

Sen. (Dr.) Khalwale, what is the clarification?

Madam Temporary Speaker, the clarification I seek is that, that being the case, it means even before we take the vote, we must have at least 45 delegations in the House. Since there are no 45 delegations now, we cannot proceed with this vote. Could you issue that clarification?

[(Loud consultations)]

Hon. Senators, in view of the numbers that we have in the House, this vote shall be deferred to the next sitting. Next Order.

[(Putting of the Question on the Bill deferred)]

Hon. Senators, the results of the Division are as follows:

Hon. Senators, can you, please, log out. Hon. Senators, please, resume your seats. Sen. Abass, Sen. Osotsi and Sen. Betty Montet, resume your seats.

[(Several Senators stood up in their places)]

Hon. Senators, the results of the Division are as follows-

Sen. Abass and Sen. (Dr.) Oburu, please approach the Clerk’s desk.

[(Sen. Abass and Sen. (Dr.) Oburu approached the Clerk’s Table)]

Sen. Omogeni, that is distracting Sen. (Dr.) Oburu.

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

We want to correct an error that has occurred on record in respect of the results announced in Order No.15 – The Report of the Select Committee on delegated legislation on its consideration of the Social Health Insurance (General) Regulations, 2024 and the Social Health Insurance (Tribunal Procedure) Rules, 2024. Under Standing Order No.90: “Errors Corrected. If, after an Electronic or Roll Call …

Madam Temporary Speaker, consequence to that finding, it then makes a very substantive pronouncement on the outcome to the extent that a Motion that had sailed has now been negatived. Can you please clarify whether it is, therefore, not necessary that we vote again?

[(Loud consultations)]

Hon. Senators, the Standing Orders actually give powers for correction of errors. However, just for clarity and to make sure that you are certain of the vote you have given, I will direct that you---

[(An Hon. Senator spoke off record)]

Standing Order No.89. Once doubt is introduced, it is good to clear the air. I will use Standing Order No.90, so that we uphold the highest levels of integrity in the voting system in the House. Hon. Senators, let us consult in low tones.

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. Cherarkey?

Madam Temporary Speaker, under the same Standing Order No. 89, with all due respect, it says ‘cannot be corrected’. Under Standing Order No.1,

you have the power to correct that one vote instead of subjecting or unnecessarily calling for another vote. It cannot be corrected. I am inviting---

Sen. Cherarkey---

Madam Temporary Speaker, for clarification. Under Standing Order No.1, could you subsume those powers to correct that one vote because there are Members who want to use the washrooms. You have been holding them for that long and they are becoming uncomfortable.

Sen. Cherarkey, thank you for your submissions, but I have given the direction. It is proceeding to a vote. Let us proceed to vote. Let us make it easy.

[(Loud consultations)]

Madam Temporary Speaker, you have put a direction on the Floor, but I can see all my colleagues standing up and defying the directive of the Speaker. We have just had a similar situation with the Senator of Turkana County and we put it to a vote. We are all here and we will just clear the air. I need guidance. I am not doubting what you have told us, but how is it possible for a Member to ascerta…

Senator, you can approach the desk. I have seen the Electronic Vote sheet and where he signed.

Very well.

Hon. Senators, kindly resume your seats. Sen. Thang’wa and Sen. Mandago, resume your seats. Sen. Betty Montet, you are on the opposite side of the House. Kindly resume your seat. Broad-based Government, resume your seat on the Government side. That is welcome. Sen. Orwoba, resume your seat. This should take us under two minutes. Hon. Senators, please resume your seats. Sen. Munyi Mundigi and Sen…

[(Sen. Mandago spoke off record)]

[(Voting in progress)]

Hon. Senators, these are the results of the Division on the Report of the Select Committee on Delegated Legislation on the consideration of Social Health Insurance General Regulations, 2024 and the Social Health Insurance Tribunal Procedure Rules, 2024.

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. Faki?

Madam Temporary Speaker, I have counted the Delegations currently in the House and they are 28. I do not know how the 29 who voted comes about.

Let us confirm. Sen. Faki, have you counted Sen. Beatrice Ogola who is voting on behalf of the Delegation from Homa Bay County? Just come to the Table and reconcile the names with the Clerks’ desk. As you confirm, we will move to the Next Order. Serjeant-at-Arms, you may open the Doors and---

[(The Clerk consulted the Temporary Speaker (Sen. Veronica Maina)]

[(Sen. Faki spoke off record)]

[(Sen. Faki proceeded to the Dispatch Box)]

[(Loud consultations)]

[(Loud consultations)]

That is a Procedural Motion. Therefore, we do not expect debate on it. Proceed, Sen. Mo Fire.

Madam Temporary Speaker, I beg to move the following Motion- THAT, WHEREAS the Committee on Delegated Legislation is established under Standing Order 195 (1) of the Senate Standing Orders and is mandated to scrutinize statutory instruments laid before the Senate; RECALLING that on 2nd May, 2024, the Valuers (Amendment) Rules, 2024 , the Survey (Amendment) Regulations, 2024 and the Land Ad…

[(Forms and Fees)]

[(Legal Notice No.69 of 2024)]

[(Legal Notice No.71 of 2024)]

[(Legal Notice No.76 of 2024)]

[(Forms and Fees)]

[(Exemption from Expiry)]

[(Legal Notice No.218 of 2022)]

order to conclusively interrogate the matter and to scrutinize the statutory instruments; NOW THEREFORE, pursuant to section 15(3) of the Statutory Instruments Act, Cap. 2A, the Senate resolves to extend the timeline for consideration of the Valuers (Forms and Fees) (Amendment) Rules, 2024 (Legal Notice No.69 of 2024), the Survey (Amendment) Regulations, 2024 (Legal Notice No.71 of 2024) and the L…

Madam Temporary Speaker, to add to what the Chair has indicated, Machakos Petition No. E002 of 2024 is, in fact, res judicata because we have a similar matter before the Court of Appeal. If the court in Machakos gets this information, it will make it easier for them to decide the matter pending. Therefore, there is duplicity of suits. Most probably, litigants in Machakos will be advised to join th…

[[The Temporary Speaker (Sen. Veronica Maina) left the Chair] [The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

Hon. Senators, I will now propose the question.

[(Question proposed)]

Hon. Senators, it is now open for debate. Proceed, Sen. Thang’wa.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity to support this Motion. From the onset, I thank the Committee for doing what our Standing Orders require that whenever you have been tasked to do something and you are not able to finish within the timeframe, you are required to come back to the House and request for the extension. Mr. Temporary Speaker, Sir, I gladly support this Motion …

Mover, Sen. Gataya Mo Fire, please reply. One moment, Sen. Gataya Mo Fire. Sen. Faki, you wanted to contribute?

Yes, Mr. Temporary Speaker, Sir.

Proceed.

Bw. Spika wa Muda, nilikuwa nimebofya lakini inazima ikiwaka. Asante, Bw. Spika wa Muda, kwa kunipa fursa hii kuunga mkono Hoja ya kuongeza muda kwa Kamati ya Delegated Legislation ya Bunge hili ili kuchunguza na kupitisha zile kanuni za sheria za ardhi. Kanuni hizi, ijapokuwa zililetwa katika Bunge kwa muda unaofaa, lakini baada ya kuvunjwa kwa Baraza la Mawaziri, tukakose nafasi ya kuwasiliana n…

Proceed, Sen. Wambua.

Thank you, Mr. Temporary Speaker, Sir. I also stand in support of the request by the Chair of the Committee on Delegated Legislation for an extension of time to consider their regulations. The only thing that I want to say on this matter and I wish the Senator for Tharaka Nithi could listen to this because this is important to him. I have realized that there is a

level of disconnect that is not healthy between the Committee on Delegated Legislation and the rest of the House. These delegated legislations that the committee deals with are very important for actualizing relevant legislations in all sectors of our country. I would urge the committee then in view of what happened a few hours ago, that even as they consider these regulations, it will be importa…

Thank you, Senator. Sen. Gataya Mo Fire, you can reply.

Thank you very much, Mr. Temporary Speaker, Sir. I sincerely thank the supporters of this Motion on Extension of Time for Consideration of Valuers (Amendment) Rules, 2024 Regulations, 2024 and the Land Adjudication (Amendment) Regulations, 2024 . Mr. Temporary Speaker, Sir, before I reply, I have taken the guidance from Sen. Wambua. I have read thoroughly the report of the Committee. As Se…

[(Forms and Fees)]

[(Legal Notice No.69 of 2024, the Survey (Amendment)]

[(Legal Notice No.71 of 2024)]

[(Legal Notice No.76 of 2024)]

Thank you, Senator. That matter is deferred.

The Chairman is not here. It is deferred. Next Order.

On a point of clarification, Mr. Temporary Speaker, Sir.

What is your point of clarification, Sen. Orwoba?

Mr. Temporary Speaker, Sir, I have been patiently waiting. We were directed that we would be given a few minutes to comment on the statements. It seems that that has been forgotten.

(The Clerk-at-the Table consulted with the Temporary Speaker)

Very well, we shall defer Order No.18 and allow comments on the statements. Sen. Orwoba, proceed.

[(Resumption of debate on Statements)]

Thank you, Mr. Temporary Speaker, Sir, for this opportunity to add my voice and contribute towards the statement of Sen. Cherarkey on the use of social media platforms, all the misinformation, and the inflammatory statements, manipulated media and the issue of fake news that we are currently dealing with in the country. It is imperative---

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

Just a moment. What is your point of order, Sen. Betty Montet?

Thank you, Mr. Temporary Speaker, Sir. We do not have a quorum in this House at the moment.

Clerk, can we confirm that we have quorum? Serjeant-at-Arms, ring the Quorum Bell for 10 minutes.

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

[(The Quorum Bell was rung)]