Senate · Afternoon Sitting

Clerk, do we have quorum? Then, kindly proceed to call the first Order.

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

AND WHEREAS on Tuesday, 5th March, 2024, the National Assembly considered and rejected the Bill, thereby committing it to a Mediation Committee, pursuant to Article 112(1)(a) of the Constitution; NOW THEREFORE, in accordance with the provisions of Article 112 of the Constitution and Standing Orders No.149 of the National Assembly Standing Orders, I hereby convey the said decision of the National …

Hon. Senators, take your seats. Kindly be orderly.

Report of the Auditor-General on Financial Statements of Kericho County Alcoholic Drinks Control Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Kajiado County Youth and Women Enterprise Fund for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of the County Government of Marsabit Mortgage Scheme Fund for the …

The Chairperson Standing Committee on Labour and Social Welfare or any Member of that Committee?

Mr. Speaker, Sir, on behalf of the Chairperson of the Standing Committee on Labour and Social Welfare, I beg to lay the following Paper on the Table of the Senate, today, 12th March, 2024- Report of the Standing Committee on Labour and Social Welfare on its consideration of the Public Service (Amendment) Bill (National Assembly Bills No. 46 of 2022) .

[(Values and Principles)]

[(Sen. Miraj laid the document on the Table)]

Next Order.

Pardon me, Mr. Speaker, Sir. I beg to give notice of the following Motion- THAT, AWARE THAT Kenyans have a right to a clean and healthy environment pursuant to Article 42 of the Constitution; NOTING THAT the National Climate Change Action Plan (NCCAP) identifies transportation as the fourth largest contributor to greenhouse gas emissions, which if uncontrolled, will result to the negative impact …

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from Standing Committee on Devolution and Intergovernmental Relations regarding boundary disputes between Kwale and Kilifi counties.

In the Statement, the committee should-

Proceed, Sen. Sifuna.

Mr. Speaker, Sir, for the record, I am holding brief for Sen. Oketch Gicheru of Migori. Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the use of unnecessary and excessive force by the police during the peaceful procession by the Kenya Medical---

[(Loud consultations)]

Order, hon. Senators. The Senator for Nandi, can you not locate your seat? It is somewhere here.

[(Laughter)]

Mr. Speaker, Sir, allow me to begin from the top. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the use of unnecessary and excessive force by the police during the peaceful procession by the Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) on Thursday, 29th February, 2024.…

Next is Sen. Veronica Maina. Sen. Veronica Maina: Thank you, Mr. Speaker, Sir, for this opportunity. I have two Statements and I believe I can read both of them.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy regarding the effects of the proposed energy regulations by the Energy and Petroleum Regulatory Authority (EPRA) on the electricity sector in the country. In the Statement, the Committee should-

[(electricity market, bulky supply and open access)]

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy regarding the effects of the proposed energy regulations by the Energy and Petroleum Regulatory Authority (EPRA) on the electricity sector in the country. In the Statement, the Committee should-

[(electricity market, bulky supply and open access)]

Sen. Veronica Maina, your colleagues cannot hear you. Just use the other microphone.

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 the efficiency and competitiveness of the Port of Mombasa. In the Statement, the Committee should-

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 the efficiency and competitiveness of the Port of Mombasa. In the Statement, the Committee should-

Order, Sen. M. Kajwang'. I have been watching you keenly. Now you are on the sixth minute just exchanging greetings. Kindly make use of the Lounge because it has no Standing Orders. Proceed, Sen. Veronica Maina.

In the Statement, the Committee should-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the policies governing confirmation of appointment in public service after probation period. In the Statement, the Committee should-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the policies governing confirmation of appointment in public service after probation period. In the Statement, the Committee should-

Order, hon. Senators! Sen. Miraj and Sen. Nyamu, you may consult, but keep it in low tones

The third question is as follows-

Mr. Speaker, Sir, I have two Statements. With your kind permission, I request that I take both of them. First, I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Education regarding the exclusion of Alternative Provision of Basic Education and Training Institutions, formerly known as (APBET) institutions, from the education framework. In the Stateme…

Thank you, Mr Speaker, Sir. Secondly, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the ownership of Kariokor Estate in Starehe Constituency, Nairobi County. In the Statement, the Committee should -

Thank you, Mr Speaker, Sir. Secondly, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on the ownership of Kariokor Estate in Starehe Constituency, Nairobi County. In the Statement, the Committee should -

Sen. Esther Okenyuri, you may proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialization and Tourism regarding the disbursement of UWEZO of fund by the Ministry of Cooperatives and Micro, Small and Medium Enterprises (MSMEs) , development. In the Statement, the Committee should -

Se. Munyi Mundigi, you have the Floor.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education concerning the state of Early Childhood Development Education, (ECDE) teachers training in the country. In the Statement, the Committee should-

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education concerning the state of Early Childhood Development Education, (ECDE) teachers training in the country. In the Statement, the Committee should-

Sen. Fatuma Dullo, you have the Floor. That Statement is dropped.

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the conditions of markets within Vihiga County. In the Statement, the Committee should-

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations regarding the conditions of markets within Vihiga County. In the Statement, the Committee should-

Senator for Nandi County, proceed. Sen. Tabitha Keroche is certainly not the Senator for Nandi County.

Mr. Speaker, Sir, the Senator of Nakuru County is confusing me.

by Athletics Kenya (AK) to identify and select officials and team representing Kenya in the upcoming 13th Edition of the Africa Games in Accra, Ghana. In the Statement, the Committee should-

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on the status of the processing of land ownership documents for residents of Nanyuki and Makutano/Ngobit Wards in Laikipia County. In the Statement, the Committee should-

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on the status of the processing of land ownership documents for residents of Nanyuki and Makutano/Ngobit Wards in Laikipia County. In the Statement, the Committee should-

Proceed, Sen. Tabitha Keroche.

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Information Communication and Technology on the increased number of dropped calls on the mobile network telecommunications service provider, Safaricom.

In the Statement, the Committee should-

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the resettlement of Internally Displaced Persons (IDPs) from Saku Constituency in Marsabit County. In the Statement, the Committee should-

Thank you, Mr. Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the resettlement of Internally Displaced Persons (IDPs) from Saku Constituency in Marsabit County. In the Statement, the Committee should-

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the status of infrastructure projects undertaken by all county governments in the education sector. In the Statement, the Committee should-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern namely, the operating expenses of the county offices. I take this opportunity to inform the House of the progress made in the disbursement of funds to county offices by the Parliamentary Service Commission (PSC) . I do this appreciating my duty to this House, which approved my …

I, therefore, wish to bring to the attention of all Senators that though they are required to account for their office expenses for January, February, and March 2024, we have been unable to disburse these monies to the respective accounts due to the Exchequer not being released by the National Treasury. I, therefore, request Senators to take note for general information and not to confront me on …

I, therefore, wish to bring to the attention of all Senators that though they are required to account for their office expenses for January, February, and March 2024, we have been unable to disburse these monies to the respective accounts due to the Exchequer not being released by the National Treasury. I, therefore, request Senators to take note for general information and not to confront me on …

I will allow comments on these Statements, two Senators from each side. Sen. Wambua, proceed.

Thank you, Mr. Speaker, Sir, for this opportunity. I thank Commissioner, Sen. Omogeni, for updating the House on the status of the release of funds, especially for operations of our respective county offices. Mr. Speaker, Sir, we are now beginning to play hide and seek with the electorate and even our members of staff. This is because the funds that Sen. Omogeni has made reference to for the oper…

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[(Applause)]

Hon. Senators, the contribution by the two hon. Senators should sum it all. Before I ask the Clerk to call the next Order, I have got this Communication to make.

delighted to see the students here at the Senate. I hope the visit motivates them to go and work hard, study and be the future Senators and Members of Parliament (MPs) in this country. Additionally, they can become Presidents and all other professions. Mr. Speaker, Sir, it delights me particularly because I built this school when I was a MP from ground zero to what it is today.

[(Applause)]

Next Order, Clerk. Clerk, just have a seat. Before we start some war in Kajiado County, I will allow Sen. Seki, under one minute, to extend a welcome to the visiting delegation.

[(Applause)]

Next Order, Clerk. Clerk, just have a seat. Before we start some war in Kajiado County, I will allow Sen. Seki, under one minute, to extend a welcome to the visiting delegation.

Thank you, Mr. Speaker, Sir. I thought you forgot that I am an elected Senator.

Proceed, Sen. Seki. Of course, you are the elected Senator for Kajiado.

Thank you, Mr. Speaker, Sir. I take this opportunity to also welcome the students from Kitengela Magereza Mixed Secondary School, together with the teachers, on behalf of the Senate. I am the Senator for Kajiado. I appreciate you coming here today to learn from this Senate. I also thank Sen. Tobiko for being a pillar of our county, particularly Kajiado East and for establishing this school in 201…

Next Order, Clerk.

Thank you, Mr. Speaker, Sir. I second the Motion.

Hon. Senators, kindly, take your seats. Hon. Senators, I now proceed to propose the question. Hon. Senators, this being a Procedural Motion, you may elect to debate this Motion or allow me to put the question so that we vote.

[(Question proposed)]

Put the Question!

Hon. Senators, allow me to invoke Standing Order No.45(2) for the convenience of the House to rearrange today's Order Paper. We will skip Order No.9 and move straight away to Order No.10. Clerk, can you proceed to call Order No.10?

Hon. Senators, allow me to invoke Standing Order No.45(2) for the convenience of the House to rearrange today's Order Paper. We will skip Order No.9 and move straight away to Order No.10. Clerk, can you proceed to call Order No.10?

Madam Temporary Chairperson, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report the progress on its consideration of the Affordable Housing Bill (National Assembly Bills No.75 of 2023) and seek leave to sit again today.

[(Question put and agreed to)]

[(The House resumed)]

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

Hon. Members, please have your seats. Sen. Madzayo and Sen. Tabitha Keroche, let us transact business. What is your point of order, Senate Majority Leader?

Hon. Senators, we can now settle down so that we can move into Division. Serjeant-at-Arms, you may close the Doors and draw the Bar.

Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Lomenen, Turkana County; Sen. Mandago, Uasin Gishu County; Sen. Mariam Omar; Mandera County; Sen. Methu, Nyandarua County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Seki, Kajiado County; Sen. Tabitha Keroche, Nakuru County; Sen. Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; and, Sen. Wamatinga, Nyeri County;The T…

Hon. Senators, these are the results for the Division:

The Temporary Chairperson (

Hon. Senators, these are the results of that Division on New Clauses.

Thang’wa, Kiambu County; Sen. Wafula, Bungoma County; and, Sen. Wamatinga, Nyeri County.The Temporary Chairperson (

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

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

We are proceeding to the fifth Division on all Clauses. Sen. Majority Leader and Sen. Osotsi, proceed and vote.

Omogeni, Nyamira County; Sen. Osotsi, Vihiga County; Sen. Sifuna, Nairobi County; and, Sen. Wambua, Kitui County.The Temporary Chairperson (

Hon. Senators, this is the results of the fifth Division

Madam Temporary Chairperson, I beg to move that the Committee do report to the Senate its consideration of the Affordable Housing Bill (National Assembly Bill No.75 of 2023) , and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Chairperson, I

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

Hon. Senators, we are going to the final voting. Draw the Bar and close the Doors.

[(The Bars were drawn and the Doors closed)]

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

A point of order on what now, even before we begin transacting business? Sen. Wambua, what is your point of order?

Thank you, Mr. Speaker, Sir. For the correctness of the records of the voting, we have realised on this side that Sen. (Dr.) Murango has voted in this Division yet he is not in the Chamber and he does not have a delegation. How did that happen?

Yes, Sen. Majority Leader.

Mr. Deputy Speaker, Sir, on this side, we equally noted that on the fourth Division, Sen. Faki, the Senator for Mombasa County was not in the House and his vote has been recorded. We need that to be checked as well.

Hon. Senators, this is a very simple matter and it is provided for in our Standing Orders. Anything that is provided for in our Standing Orders should not bring any problem in this House. If you go to Standing Order No.90, and I read verbatim- “If, after an electronic or a roll call vote has been made, it is discovered that the number has been inaccurately reported or that an error has occurred i…

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Affordable Housing Bill (National Assembly Bills No.75 of 2023) and its approval thereof with amendments.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request the Senator for Nyandarua to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

The Mover, kindly proceed.

Mr. Deputy Speaker, Sir, I beg to move that the Affordable Housing Bill (National Assembly Bills No.75 of 2023) be now a Third Time. I request the Deputy Senate Majority Leader to second.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

Hon. Senators, we shall now proceed to Division. Serjeant-at-Arms, kindly ring the Division Bell for two minutes. Hon. Senators, I assure that this House will remain a House of debate and nobody will be stifled. Therefore, withdraw your cards. We do not want the same mistake to repeat itself. The Serjeant-at-Arms, ensure that no card is unattended. I want a confirmation from the Serjeant-at-Arms…

[(The Division Bell was rung)]

[(Electronic voting in progress)]

[(Loud consultations)]

Order, Hon. Senators. Take your seats. Sen. Munyi Mundigi and Senate Majority Whip, take your seats. Take your seat, Sen. Cystal Asige. You will be sorted out. Order, Senators! Senate Majority Leader, conclude that Kamkunji then we get the results. Take, your seat, kindly.

[(Sen. Cheruiyot consulted loudly)]

(Question, that the Affordable Housing Bill (National Assembly Bills No. 75 of 2023) be now read a Third Time put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Abdul Haji, Garissa County; Sen. Cheptumo, Baringo County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Trans Nzoia County; Sen. Chute, Marsabit County; Sen. Gata…

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

Now, draw the Bars and open the Doors.

[(The Bars were drawn and the Doors opened)]