Senate · Afternoon Sitting

Clerk, do we have the requisite quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. I am informed that we now have the requisite quorum. So, Clerk, you may proceed to call the first Order.

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

[(The Quorum Bell was rung)]

Mr. Speaker, Sir, I beg go give Notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Devolution and Intergovernmental Relations on a Statement sought on the relocation of national Government administrative services from Chuka Town to Kathwana County Headquarters, Tharaka-Nithi County, laid on the Table of the Senate on Wednesday 19th April, 2023.

Let us go to the next Order.

Next are Statements pursuant to Standing Order No.53 (1) . Since Sen. Kibwana is not here, that Statement is dropped from today’s Order Paper.

Sen. Sifuna’s Statement is also dropped from today’s Order Paper.

The Statement pursuant to Standing Order No.57 (1) is by the Senate Majority Leader. Please proceed to make your Statement.

Mr. Speaker, Sir, pursuant to Standing Order No.57 (1) , I hereby present the business of the Senate for the week commencing Tuesday, 25th April, 2023. In so far as legislative business is concerned, there are 26 Bills that have been published in the Senate. Out of these Bills, 17 are due for Second Reading Stage and four are at the Committee of the Whole Stage. A further four Bills are undergoin…

Housing; Agriculture, Livestock and Fisheries; Labour and Social Welfare; and, Justice, Legal Affairs and Human Rights respectively. I urge the foresaid Standing Committees to expedite consideration of the five Petitions and table reports thereon. I also urge the other Standing Committees to process the Petitions referred to them within the 60-day period as per the provisions of Standing Order No…

Senators to familiarize themselves with the said Standing Orders and guidelines issued by the Speaker on processing of Questions. Mr. Speaker, Sir, perhaps what we could do - and this also goes to the Secretariat - is that on Tuesday 25th, we can avail either hardcopies or softcopies of the Speaker’s Rules on appearance of CSs, so that we guide our colleagues on how to conduct that particular bus…

Before we move to the next Order, three Statements by Sen. Kibwana had been dropped because when they were called out, the Senator was not in the Chamber. However, the Senator has approached me and explained why she was not in the Chamber when those Statements were called out. Indeed, she was held up in a parliamentary business. For that reason, I will direct that the three Statements by Sen. Kib…

Thank you, Mr. Speaker, Sir, for the consideration and sorry for the inconvenience.

[(Sen. Onyonka crossed the Floor without bowing to the Chair)]

On a point of order, Mr. Speaker, Sir. I would not have wished to disrupt Sen. Kibwana. However, I am looking at the Standing Orders. Sen. Onyonka is a seasoned Member, yet he has stood between me and you and crossed the Floor twice. I thought the first time was a mistake but he crossed from there and then went back. I think he is out of order.

Senator, indeed, that act made you to be out of order. I am going to proceed to caution you for the day. Any other opportunity you will have, when you will be out of order, you know the consequences. Kindly proceed, Sen. Kibwana.

On a point of order!

Under what Standing Order?

Mr. Speaker, Sir, I am referring to No.5 of the Speaker’s Rules. The last time I was here, you referred to a Kaunda Suit as a suit that has a button up to the neck. I am looking at the person that you have cautioned again and I think he is not properly dressed. He is dressing now.

Sen. Methu, the Senator of Kisii County is properly dressed.

[(Laughter)]

Thank you, Mr. Speaker, Sir. I will proceed with the Statements. The first Statement is on urgent action in ensuring health and safety in all our schools following the tragedy of Mukumu Girls High School. Mr. Speaker, Sir, I rise, pursuant to Standing Order 52 (1) , to make a Statement on a matter of national concern, namely a call for urgent action in ensuring health and safety in all our school…

implementation of the suggestions provided by Quality Assurance Officers following the tragedy of 2022. Mr. Speaker, Sir, I implore the Ministry of Education, the County Government and the school administration to work together in addressing this issue and implementing the necessary improvements to safeguard the health of our students. This includes regular inspections of food and water sources,…

We will work to promote women's participation in political and public life; increase women's and vulnerable groups representation in decision-making positions and to support women's as well as vulnerable groups’ economic and social empowerment. We will work tirelessly to ensure that these issues remain at the forefront of our national agenda. Mr. Speaker, Sir, water security is a critical issue i…

enabling environment for women’s political participation, including addressing the cultural and structural barriers that limit women access to political power. We will advocate for the development and implementation of gender-sensitive policies across all sectors. We acknowledge the critical importance of a gender-sensitive budget-making process in advancing women’s and vulnerable groups’ rights …

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of a visiting delegation from the National Assembly of Zambia. The delegation is in the Senate for a benchmarking visit. I request each Member of the delegation to stand when called out so that you may be acknowledged in the Senate tradition.

[(Applause)]

Thank you, Mr. Speaker, Sir. This is part of a very beautiful tradition of this House where on each afternoon, we receive visiting delegations from different parts of the world and country. I will begin with the distinguished delegation from the Parliament of Zambia. Zambia has been a prominent part of the discussion in this House this week. I wish they were here to listen to the contributions o…

I have gone through some of their training and also those that we seek outside the country. The CPST training is superior to what we seek outside the country. I assure the team from various county assemblies that are here with us that they made the right choice coming to CPST. I continue to be an ambassador of that institution. This is because I know the transformational work that they do in our …

Mr. Speaker, Sir, I thank you for this opportunity. Nonetheless, you may need to remind the Senator of Meru that he is not on the Chair. He is trying to give me instructions. I take this opportunity to also join you and the Senate Majority Leader in welcoming the delegations that have visited the Senate this afternoon. To the delegation from Zambia, it is true what the Senate Majority Leader has…

Thank you, Mr. Speaker, Sir. In the normal tradition of parliamentary behaviour, I would like to support what my colleagues have said. For our brothers from Zambia, if you look carefully and see the way I am dressed, you can see that I look like Hon. Kenneth Kaunda. Most Kenyans may not know that the “Kaunda suit” is actually an outfit that President Kaunda picked from the Chinese and we did an A…

Training (CPST) is one of the best that we have. I am happy to hear my leader, Sen. Cheruiyot, say that we really do not need to have many of these training that some people go to in Brazil or Latin America, just to be trained on what to do here. I believe that the training that this team is getting is substantive. I wish you all well. I hope that from where you are, you will be able to make our …

Hon. Senators, the Senate Majority Leader and Sen. Maanzo, can you kindly take your seats. I need to make a further Communication.

Hon. Senators, in the Public Gallery this afternoon, we have 180 students, accompanied by two teachers from Baricho Secondary School in Kirinyaga County who are in the Senate on an education tour. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and, on behalf of the Senate and on my own behalf, wish them a fruitful visit. I…

[(An. hon. Senator spoke off record)]

Mr. Speaker, Sir, I was a bit distracted. However, I want to join you in welcoming the visiting team from Kirinyaga, who are in the Senate for a study tour.

I appreciate that we went through a time, at the advent of Covid-19, where we did not allow visitors to come to this House. That is the time we appreciated how lonely an afternoon can be, to stay without visitors. Therefore, we do not take it for granted. We never tire in celebrating when visitors come, join in and visit with us. Therefore, to the team from Kirinyaga, I welcome you on behalf of y…

Thank you.

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

Hon. Senators, can we have some order. Sen. Munyi Mundigi, please put your hands down. Sen. Munyi Mundigi, as I make this directive, get hold of your Standing Orders and read Standing Order No. 98. There is a Statement by the Senator of Nairobi City County, Sen. Sifuna that had been dropped because when it was called out, the hon. Senator was not in the Chamber. However, the hon. Senator has sinc…

Mr. Speaker, Sir, thank you very much for that indulgence. This matter has caused me sleepless nights and, therefore, I thank you for allowing me to proceed. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare, regarding the status of employment of the 700 inspectorate officers recruited during the tenure of the Nairobi Metropo…

Thank you. Hon. Senators, if you look at the clock, the Statements Hour has been overshot by 10 minutes. Therefore, I am afraid I will not allow comments on those Statements. We await the report from the Committee. I call upon the Clerk to call the next Order.

Serjeant-at-Arms, kindly proceed to ring the Division Bell for three minutes. Serjeant-at-Arms proceed to close the Door and draw the Bars. Hon. Senators, let us have our seats so that we proceed to prosecute this Business in the least time possible. Hon. Senators, the voting is going to be done electronically and therefore, I am asking all of you to log out. I am also directing the Serjeant-at…

[(Division Bell was rung)]

[(The Door was closed and the Bars drawn)]

[(Voting in progress)]

[(The Division Bell was rung)]

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

Serjeant-At-Arms, undraw the Bar and open the Doors. Next Order, Clerk.

[(The Bar was undrawn and the Doors opened)]

THAT, the Bill be amended by deleting the Schedule and substituting therefor the following new Schedule:

[(Loud Consultations)]

This is dictatorial; the world must know that you denied your people money. The Chairperson (Sen. Kathuri) : Sen. Oketch Gicheru, move out of here. Kindly, take your seat.

[(Sen. Oketch Gicheru moved to the Dispatch Box)]

[(Tallying of votes in progress)]

Sen. Oketch Gicheru, move out of here. Kindly, take your seat. (Tallying of votes in progress)

Hon. Senators, I want to give the results of the Division.

Mr. Chairperson, Sir, I beg to move that the Committee do report to the Senate its considerations of the Division of Revenue Bill (National Assembly Bill No.9 of 2023) and its approval thereof without amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

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

Kindly resume your seats, hon. Senators. Chairperson, Sen. Wakili Sigei kindly approach the Table. Kindly do the reporting.

I second.

[(Question proposed)]

[(Question put and agreed to)]

Mover kindly proceed.

Mr. Deputy Speaker, Sir, I beg to move that the Division of Revenue Bill (National Assembly Bill No.9 of 2023) be now read a Third Time. I request the Senate Majority Leader to second.

I second.

[(Question proposed)]

I now direct the Bell be rung for two minutes. Serjeant-at-Arms, kindly draw the Bar. Hon. Senators, be prepared to vote.

[(The Division Bell was rung)]

[(The Bar was drawn and the doors closed)]

[(Voting in progress)]

Mr. Deputy Speaker, Sir, I beg to move that the Division of Revenue Bill (National Assembly Bill No.9 of 2023) be now read a Third Time. I request the Senate Majority Leader to second.

I second.

[(Question proposed)]

I now direct the Bell be rung for two minutes. Serjeant-at-Arms, kindly draw the Bar. Hon. Senators, be prepared to vote.

[(The Division Bell was rung)]

[(The Bar was drawn and the doors closed)]

[(Voting in progress)]

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

Serjeant-at-Arms, withdraw the Bar.

Equalization Fund. We should vehemently refuse any attempt to delay the one-half of the audited accounts that is called Equalization Fund that is supposed to go to these people. Mr. Temporary Speaker, Sir, what is more, medical personnel, nurses, paramedics, clinical officers and doctors do not want to go to work in those places. Therefore, we still have a situation in Kenya where an 18-year-old …

Thank you, hon. Sen. (Dr.) Khalwale. I have a Communication from the Chair.

[(Interruption of debate on Bill)]

[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon, of visiting students from

Thank you, hon. Sen. (Dr.) Khalwale. I have a Communication from the Chair.

[(Interruption of debate on Bill)]

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon, of visiting students from

the University Students Association of Homa Bay County. The delegation comprises 21 students who are in the Senate for a one-day academic exposition. Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and, on behalf of the Senate and on my own behalf, wish them a fruitful visit. I thank you. I note hon. Members that the Senato…

and bypasses. They depend on one single road going to Namanga. That is why every day, you will find a two or three-hour jam because there is no infrastructure. Mr. Temporary Speaker, Sir, I urge the CRA to develop other parameters that will be more inclusive. Those parameters need to take care of the needs of Kenyans, without necessarily thinking that urban areas are rich and have people who are …

allocation of this Fund. This has enabled many more areas to be covered but they would not have been covered when it was originally in terms of counties. Mr. Temporary Speaker, Sir, I am happy that today in the list I see that several wards in Kajiado County have found their way into benefitting from this Fund. In total, Kajiado County will receive more than Kshs550 million from the Equalization …

and bypasses. They depend on one single road going to Namanga. That is why every day, you will find a two or three-hour jam because there is no infrastructure. Mr. Temporary Speaker, Sir, I urge the CRA to develop other parameters that will be more inclusive. Those parameters need to take care of the needs of Kenyans, without necessarily thinking that urban areas are rich and have people who are …

Thank you. Kindly, proceed, Sen. (Prof.) Kamar.

us follow to the ground and ensure that this money goes to counties. This Fund should be categorised as a priority because is meant to address basic human needs and right of the people on the ground. The priority areas that the Equalization Fund is meant to address are listed in the Bill of Rights Chapter in the Constitution; they are also human rights. They were rights because Kenyans have a rig…

The time limit was given because it was something that was seen as doable and a must for a nation to develop. Mr. Temporary Speaker, Sir, this is because anybody who cannot access clean water and the children who are not able to access clean water would have health issues. If they cannot access both clean water and health facilities, then it is even worse. It is very embarrassing that over 60 yea…

us follow to the ground and ensure that this money goes to counties. This Fund should be categorised as a priority because is meant to address basic human needs and right of the people on the ground. The priority areas that the Equalization Fund is meant to address are listed in the Bill of Rights Chapter in the Constitution; they are also human rights. They were rights because Kenyans have a rig…

Proceed, Sen. Okenyuri.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. I rise to support the Equalization Fund Appropriation Bill (Senate Bills No. 3 of 2023) . However, I am very sad that we have to come up with a Bill to support provision of basic services such as water, roads, health facilities and electricity. In as much as I appreciate that we are a developing country confronted with challenges that we…

services closer to the people. We will not hear of pregnant women delivering on the road before they even get to the hospital. The challenge we are facing currently is that pregnant women are getting to hospital, but as a result of congestion in the hospital beds, most of the newborn babies are epileptic. We are dealing with other emerging issues when in the real sense, we wanted to sort out issu…

[(Applause)]

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. In support of this Bill, I will highlight something that is bothering the Northern part of Kenya. Speaking about Marsabit, during the colonial era, Marsabit and the Northern part of Kenya were called the Northern Frontier District (NFD) , who were denied all developments. Then, when we got Independence, we were called the “marginalized …

Thank you very much Sen. Chute. Sen. Okenyuri, what is your intervention?

[(Applause)]

wrong with your water? She told me that her children are taking water that is not fit for human consumption. They have kidney problems. They are young children aged five, seven and 10 years old. I sent her the money and it took her two days to get the water. The children are having kidney problems and are in pain. If we get this money in good time, and if our governors put this money into good us…

Thank you very much Sen. Chute. Sen. Okenyuri, what is your intervention?

Mr. Temporary Speaker, looking at the composition of the House, I think we are lacking the necessary quorum to proceed. I rise as per Standing Order No.41 on quorum during the proceedings of the Senate. I urge that we adjourn because we do not have quorum.

Clerk, let us confirm the number. Indeed, the number is below. Sergeant-at-Arms, ring the quorum Bell for 10 minutes.

[(The quorum Bell was rung)]