[[The Deputy Speaker (Sen. Kathuri) in the Chair]]
Clerk, please confirm whether we have quorum. Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.
[(The Clerk-at-the-Table consulted with the Deputy Speaker)]
[(The Quorum Bell was rung)]
Clerk, I hope we now have quorum. Proceed and call out the First Order.
The Senate Majority Leader or his representative has several Papers to lay.
Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate-
The Tourism Enterprises Regulations, 2026.
The Biannual Reports of the Commission on Administrative Justice for the period July-December, 2025. Thank you.
[(Sen. (Prof.) Tom Odhiambo Ojienda, SC laid the documents on the Table)]
Next Order.
Hon. Senators, we have several Statements under Standing Order No.53(1). We shall start with the Senator for Marsabit County, Sen. Mohamed Chute. He has two Statements. Where is the Senator? Those Statements are dropped.
Proceed, Senator for Kisumu County, Sen. (Prof.) Tom Ojienda.
[(Statements dropped)]
Thank you, Mr. Deputy Speaker. I rise pursuant to Standing Order No.53(1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on a matter of county-wide concern regarding the subdivision and conversion of agricultural land to non-agricultural uses across Kisumu County. In recent years, productive farmland in the semi-urban areas surrounding Kisumu City and al…
Next is Sen. Enock Wambua.
Thank you, Mr. Deputy 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 a matter of countywide concern regarding the increasing pollution and contamination of rivers flowing into and through Kitui County, particularly the Athi and Tana rivers. Mr. Deputy Speaker, Sir, these rivers – the Athi River …
Sen. Joe Nyutu.
Hon. Senators, I have a Communication from the Chair about the visiting delegation of teachers and students from St. Lucia Irobo Junior School, Kakamega County. Hon. Senators, I would like to acknowledge the presence of a visiting delegation of eight teachers and 44 students. Hon. Senators, please listen. Order, Sen Khalwale, you need to listen to this. I will begin again. Hon Senators, I would l…
[(Loud consultations)]
Thank you, Madam Temporary Speaker. Before I invite the children to follow the proceedings, I would like to bring to your attention that the Temporary Speaker, the distinguished Sen. Catherine Mumma, is a daughter of the same village that you come from. Thanks to her excessive beauty, she managed to get married in the neighbourhood to our good in-laws. I think it is for the benefit of this House …
[(Laughter)]
On a point of order.
I think you are late for the point of order. He has already finished.
Intervention.
Sen. Hezena, what is your intervention?
Thank you, Madam Temporary Speaker. We really respect the Senator, the bullfighter, Boni Khalwale, but as he can see, the Temporary Speaker at this moment is also a lady from Mulembe nation, who came to this House through affirmative action. Is Sen. Boni Khalwale undermining the women who get to Parliament through affirmative action? Thank you, Madam Temporary Speaker.
Sen. Khalwale, in one minute, please confirm that you have respect for Members of the Senate or Parliament, who are here through affirmative action.
Thank you, Madam Temporary Speaker.
[(Loud consultations)]
Order, Senators.
Thank you, Madam Temporary Speaker. I am the only Member of Parliament (MP) in this House who was part of drafting of the Constitution that created affirmative action. It is because of the acknowledgement that women and youth are faced with challenges that we gave you that opportunity. The intention of that particular clause was for nominated members to serve for one term and, thereafter, vacate o…
[(Loud consultations)]
Sen. Khalwale, thank you for confirming that Nominated Members are equal and useful in this House. Sen. Cherarkey, what is your issue? The Senate Majority Leader (Sen. Cheruiyot): Kumbe wewe ni muoga kiasi hiki? Kama wewe ndio waluhya wanategemea---
Order, Senate Majority Leader.
Madam Temporary Speaker, on a point of intervention and follow-up. I confirm that we are proud of all Members who come to the House through affirmative action; they are even doing better than elected Members.
At the gate today, the Senate Minority Leader and I received a Memorandum on the urgent resolution of the stalemate regarding the assumption of Universal Health Coverage (UHC), global fund staff, gratuity payments, wrong job grading and an implemented return to work formula. In quick summation, the prayers are that the Council of Governors (CoG) leadership should account for delays in payroll, dat…
Sen. Cherarkey, let me guide you; you do not need to read it. Hon. Senators, this is a Petition that Sen. Cherarkey and the Senate Minority leader received from a group of people at the gate. I think all you need to do is table it and we will refer it to the relevant committee.
Thank you, Madam Temporary Speaker. I remember the last communication was that when you are tabling something, you must, at least, tell the House what it is about.
No, you already actually introduced it. You already introduced what it is. You do not have to read it.
Okay. Madam Temporary Speaker, with your indulgence, I request that I table this Petition and request that there was an earlier petition we tabled last time on a similar issue. Can you---
No, no, no. Sen. Cherarkey, we are focusing on this particular Petition, please.
Madam Temporary Speaker, I beg to table and request for your indulgence through the Standing Committee on Health to fast-track. I thank you.
[(Sen. Cherarkey laid the document on the Table)]
Senate Majority Leader, you may proceed.
The Senate Majority Leader (Sen. Cheruiyot): Madam Temporary Speaker, I am concerned about the process that has been followed on this Petition. This has nothing to do with the substance of the Petition. The procedure that you are allowing---- Constitutionally, members of the public are allowed to petition this House, which is perfectly in order. I am concerned about the manner in which petitions a…
Thank you, Senate Majority Leader, for your concern. Hon. Senators, allow me to guide that this Petition should be submitted to the Secretariat to be processed before it goes to the relevant committee. I believe and my recollection of the provisions of the Constitution is that the petition can be brought as it is brought. The petition can also be brought physically through a procession, and I thi…
Madam Temporary Speaker, thank you for your indulgence. It is just on the same issue. I know you have given directions on it. The direction and guidance that we need from the Chair is whether there is a single door through which all matters that are processed on the Floor must follow. Yes, we can do our procession peacefully; the leaders can receive documents, petitioning us on any issue on land. …
Thank you, Sen. Wambua. You are just reiterating what I have said, and you will recall I stopped Sen. Cherarkey from reading the Petition and asked that he just tables it. So, allow that we proceed to the Next Order. Senator for Nairobi City County, Sen. Sifuna.
Madam Temporary Speaker, I am an ardent defender of the rights under Article 37 of the Constitution of Kenya, 2010 and the right to petition Parliament. Processions, by their nature, are very disruptive. Of course, we are allowed only certain restrictions under Article 37 that you will be peaceable and unarmed. However, people can be noisy when petitioning. So, I feel like the directive that the S…
Hon. Senators, I think the Senator for Nairobi City County is right that the provision in the Constitution talks about peaceful procession and unarmed. So, to the extent that they are peaceful and unarmed, those processions should be acceptable. That is agreed. Can we move on now to Sen. Kathuri? No, sorry, Order No.16.
Second Reading
Thank you, Madam Temporary Speaker, for the opportunity to move this, Bill. I beg to move that The County Government Laws (Amendment) Bill (Senate Bills No.52 of 2024), be now read a Second Time. Madam Temporary Speaker, this Bill actually touches on the work and the responsibilities of deputy governors. We very well know that they live under a lot of pressure from the governors. This Bill is actu…
[(Loud consultations)]
Hon. Senators, Senate Majority Leader, please, kindly, Senator for Kakamega and the Senate Majority Leader, let us accord some respect to the Senator who is reading the Bill. Let us listen, please.
Madam Temporary Speaker, the County Governments Laws (Amendment) Bill (Senate Bills No.52 of 2024) seeks to amend and allow the county government to provide specific functions for the office of the deputy governor. In addition, it also amends the Intergovernmental Relations Act, 2012 and connected purposes. Madam Temporary Speaker, all Senators present are aware that according to statistics gather…
Sen. Kathuri, did you move that the Bill be read a Second Time?
Yes, I did.
That is fine. Proceed.
Madam Temporary Speaker, I am a seasoned legislator. I moved the Bill to be read a Second Time despite the noise coming from behind me. The HANSARD will bear me witness. This Bill proposes to assign specific functions to deputy governors. These include the general administration of the county government and overseeing the implementation of county executive committee decisions. All the Senators in …
Sen. Kathuri, we do not have flower boys, we have page boys.
No, I meant flower boys in another connotation. The Senate Majority Leader (Sen. Cheruiyot): They are called page boys.
No, I am not referring to weddings. There are men and boys who have become flower boys. I know what I mean.
[(Laughter)]
Proceed, Senator.
I do not want to be very specific on a particular---
On a point of order, Madam Temporary Speaker.
Sen. Asige, what is your point of order?
Thank you, Madam Temporary Speaker, for the opportunity. This is a point of clarification. The Senator for Meru, being a very seasoned legislator, as he has stated, understands that this House is visible to the public. Indeed, we are here not to talk to ourselves, but to educate the general public across the country. When the Senator uses terms like 'flower boys' and 'flower girls,' I fail to see …
Sen. Kathuri, please, explain who the flower boys and flower girls are.
Madam Temporary Speaker, in the interest of managing our time, I withdraw that phrasing, so that we can make progress. I want to allow Hon. Members to debate this important Bill. As I was stating, we want deputy governors to facilitate and maintain effective intergovernmental relations. At present, no governor allows a deputy governor to represent them in national forums alongside the President or…
Sen. Cherarkey, before you second, allow me to make this Communication.
[(Interruption of debate on Bill)]
The Senate rose at 6.30 p.m.