Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Order, hon. Senators! We now have the quorum, we can proceed. Clerk, called out the first Order.

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

[(The Quorum Bell was rung)]

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, a visiting delegation from the University of Denver’s Josef Korbel, School of International Studies, United States of America. The delegation is in Nairobi for a Research Practicum under the Department of Diplomacy and International Studies (DDIS) at the University of Nairobi. This delegation compris…

Hon. Senators, I request each Member of the delegation to stand when called out, so that they may be acknowledged in the Senate tradition–

Thank you, Mr. Deputy Speaker, Sir. On behalf of the Senate, I welcome this visiting delegation from the University of Denver who are here on a study tour in partnership with the University of Nairobi. I hope that in the time they will be here, they will get to interact with our highly skilled technical staff and also this afternoon, witness debate, if you are going to have one, of us considering…

[(Sen. Tabitha Mutinda spoke off record)]

Sen. Mutinda, why are you behaving like you know this group from the University of Denver? Is it that you want to welcome them as well? You have 30 seconds.

Thank you, Mr. Deputy Speaker, Sir.

First, I would like to welcome the students, not because I am behaving in a way that I know them, but I am just priding by the fact that I am also an alumnus of the University of Nairobi. It is the only university in this country that has the article ‘the’. I am still a student. I specialized in International Relations when I was doing my Master's at the University of Nairobi. I would like encour…

Next Order, Clerk. Chairperson, Standing Committee on Labor and Social Welfare, please proceed.

Thank you, Mr. Deputy Speaker, Sir. Mr. Deputy Speaker, Sir, on behalf of the Chairperson of the Senate Standing Committee on Labour and Social welfare Committee, I beg to lay the following Paper on the Table of the Senate today, 28th of November, 2024- Report of the Standing Committee on Labor and Social Welfare on its Consideration of the Provision of Sanitary Towels Bill (Senate Bill No.7 of 2…

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

Next Order.

Thank you, Mr. Deputy Speaker, Sir. I have a request for a Statement on the status of development of an estate in Likoni, Mombasa County. Mr. Deputy 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 status of redevelopment of estates in Likoni, especially on plot number Mombasa/MS/Block1/1840, in Mombasa County City. Mr. Deputy Speaker, Sir, in 2022, the County Government of Mombasa initiated plans to redevelop estates in Likoni, including two estates owned by the County namely, Likoni Flats and Likoni Customs, which previously housed 348 families. The project was intended to be complete…

Next is Sen. Joseph Githuku, who has two Statements.

Before we move on to the Statement under Standing Order No.57(1) by the Senate Majority Leader, let me give Sen. Mohammed Faki a chance to speak.

Asante, Mhe. Naibu Spika kwa kunipa fursa hii. Naona Senator wa Marsabit County, Sen. Chute, ametoa Statement kuhusu ujenzi wa nyumba katika maeneo ya Likoni. Mhe. Naibu Spika, Sen. Chute hakunishauri kuhusu Statement hii. Kwa hakika--- Sen. Wamatinga, wacha Sen. Chute askize ninayoyasema. Kwa hakika ni makosa kwa Senator kwenda kwa Gatuzi lingine na kutafuta miradi bila ya ushauri wa Senator mh…

[(Sen. Wamatinga and Sen. Chute consulted loudly)]

The Senate Majority Leader, please proceed.

Mr. Deputy Speaker, Sir, nothing captures what Sen. Faki is saying better than what Sen. Mundigi said a few weeks ago; that “kila kitu ni Chute”.

various committees. I believe that those that are ready should be processed, so that Members can receive the responses and if they are satisfied, we put the matter to rest, if not, we canvass and debate on them. I thank hon. Senators for the debate on the Motion of the President’s address to Parliament and the report of the Mediation Committee on the Division of Revenue (Amendment) Bill, National…

report, and make sure that it is passed. Otherwise, there will never be a record in this House that you travelled, apart from the boarding pass that you will be carrying. The projected business for Thursday 5th December, 2024, which will be our last day of sitting this calendar year God willing, and unless a certain county assembly decides to interrupt our long recess as they have often done duri…

Just a minute, Senator Aaron Cheruiyot. Sen. Cherarkey, this is the same thing you were doing with Sen. Phogisio’s in the last Parliament. How can you just cross from Nandi to West Pokot without even noting the Chair? Can you walk to the aisle and then bow?

[(Sen. Cherarkey crossed the aisle without bowing)]

[(Sen. Cherarkey walked to the aisle and bowed)]

Thank you, Mr. Deputy Speaker, Sir. Sen. Cherarkey needs to know that this is not Chepterwai market where you just walk around haphazardly. There is also the report of the Standing Committee on Devolution into the inquiry into the state of markets in Vihiga and Bungoma counties, arising from a statement raised by Sen. Osotsi and Sen. Wakoli. There is a progress report on the National Cohesion and…

The fact that we continue to purchase power at an exorbitantly high price, yet, year after year, if you go to the office of the Cabinet Secretary for Energy, you will see a long list of people who put in applications to do power exploration, far more cheaper power from either geothermal, wind and solar. However, because of these existing arrangements, Kenyans continue to buy power at an expensive …

[(Loud consultations)]

Order, Senators, Order, Sen. Methu, I can hear your voice from my right side.

Mr. Deputy Speaker, Sir, I must report to the House that over the lunch hour today, somebody who sits in the county government's additional allocations Mediation Committee pointed out a serious concern to me. Out of the nine Members that we sent to that committee, they have had two meetings so far. Only three Members attended both meetings. This is an extremely important Bill. You know what it me…

[(Sen. Cheruiyot laid the document on the table)]

Thank you, Sen. Cheruiyot, the Senate Majority Leader. You mentioned something important to the Members. Besides these

Interparliamentary Union (IPU) and conferences, this is a communication to the chairpersons of all committees that if your Committee makes a trip, within two weeks, you should table the report. This communication has gone on record, and the chairperson should take note. When I served at the National Assembly, that is what we used to do. Therefore, chairpersons, you are well advised. Sen. Dullo, c…

Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon, of a visiting delegation of 23 student leaders from Kenyatta University. The delegation is in the Senate for a one-day academic exposition. Hon. Senators, on behalf of the Senate and my behalf, I extend a warm welcome and wish them a fruitful visit. Thank you. I am looking for alumni of Kenyatta Univers…

[(Sen. Cheruiyot spoke off record)]

Mr. Deputy Speaker, Sir, I have already stood. Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to welcome the team from Kenyatta University. Recently, Kenyatta University was vetted and rated the top university in the country. I was there between 28th August, 1988, and I left on 28th March, 1991. I was there for under three years because, during that time, the universities were …

University to practise. We used to go to the barracks to enjoy ourselves. So, we were like a team. However, because of your numbers, they have closed that small place we used to go across. Enjoy yourselves, do well, behave, and get disciplined and you will go places. Professor Mugenda did well for the university. Thank you.

Thank you. Sen. Ogola, I will allow you one minute.

Mr. Deputy Speaker, Sir, I thank you for granting me the chance. I also happened to have done my second degree at Kenyatta University. I want to tell the students that leadership is universal. You are on the right track. Sen. Kisang reminds me of Kilometre One, where a number of us would spend only Kshs20 per day to survive. So, whatever you are going through, and any other student, is not only ex…

Thank you. Next Order.

Hon. Senators, this debate concluded yesterday. I want to ascertain whether we have a quorum to put the question. Next Order.

[(Question put and agreed to)]

Senators, regarding this particular Motion, we are going to division. I request the Serjeant-at-Arms to ring the division bell for 10 minutes.

[(The Division bell was rung)]

Senate Majority Leader, approach the Chair. Serjeant-at-Arms, close the Doors and draw the Bars, that is, both the front and back Doors.

[(Sen. Cheruiyot consulted with the Deputy Speaker)]

[(The Bars were drawn and Doors closed)]

[(Loud consultations)]

[(Loud consultations)]

Order, hon. Senators. I now want to put the question, that the Senate adopts the Report of the Mediation Committee on the Division of Revenue (Amendment) Bill (National Assembly Bills No.38 of 2024), laid on the Table of the Senate on Tuesday, 26th November, 2024, and further that pursuant to Article 113 (2) of the Constitution and Standing Order No.167 (3) of the Senate, approves the mediated ver…

Proceed and vote.

[(Hon. Senators proceeded to vote)]

We have another Division on Order No.10, so you should wait.

[(Loud consultations)]

Sen. Okiya Omtatah, kindly approach the Dispatch Box and vote. I am not also sure whether the Meru delegation has voted.

River County; Sen. Munyi Mundigi, Embu County; Sen. Okiya Omtatah, Busia County; Sen. Seki, Kajiado County; Sen. (Prof.) Tom Ojienda, SC, Kisumu County; Sen. Wafula, Bungoma County; Sen. Wakili Sigei, Bomet County; Sen. Wamatinga, Nyeri County; and, Sen. Wambua, Kitui County. NOES: Sen. Methu, Nyandarua County.

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

Serjeant-At-Arms, kindly withdraw the

Clerk?

[(The Clerk-At-The-Table approached the Chair)]

Hon. Senators, I want to reorganize the Order Paper. Sen. Wambua and Majority Leader, I want to reorganize the order of business. We defer Orders No.10, 11 and 12, then we handle the Committee of the Whole on Orders No.13, 14, 15, 16 and 17. Next Order.

[(Sen. Wambua and Sen. Cheruiyot stood in their places)]

Hon. Senators, we are going to the Committee of Whole.

Mr. Temporary Chairperson, Sir, I beg to move –

THAT Clause 3 of the Bill be amended—

Mr. Temporary Chairperson, Sir, I beg to move– THAT Clause 4 of the Bill be amended—

I request Sen. (Dr.) Khalwale to kindly second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

We will now proceed to report on the Intergovernmental Relations (Amendment) Bill (Senate Bills No.12 of 2024) . I call upon the Chairperson to report.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Intergovernmental Relations (Amendment) Bill (Senate Bills No. 12 of 2024) and seeks leave to sit again tomorrow.

Sen. Mungatana, proceed to move.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Thank you, Mr. Temporary Speaker, Sir. Pursuant to Standing Order No.66 (3) , I request that the putting of the question be deferred to a later date.

Hon. Senators, pursuant to provisions of Standing Order No.66 (3) , the putting of the question to this particular Bill is deferred to the next sitting of the House.

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

Now, having earlier rearranged the Orders to accommodate that Bill, we will resume. We dealt with the Committee of the Whole up to Order Number 17. Clerk, call out Order No 18. (The Clerk-at-the-Table consulted with the Speaker) Now, hon. Senators, the County Assembly's Pension Scheme Bill, (Senate Bills No. 14 of 2024, is Order No.18. In the absence of Members to contribute to it, it is deferred…

Division at the end. Clause 4

Mr. Temporary Chairperson, Sir, I beg to move – THAT Clause 4 of the Bill be amended in paragraph (a) by—

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 14 and substituting therefor the following new clause –

Mr. Temporary Chairperson, I beg to move- THAT, Clause 15 of the Bill be amended by—

Mr. Temporary Chairperson, I beg to move- THAT, Clause 16 of the Bill be amended by inserting the following new paragraph immediately after paragraph (b) – Amendment of section 27 of No. of 2011

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting clause 21 and substituting therefor the following new clause –

Mr. Temporary Chairperson, I beg to move- THAT, Clause 23 of the Bill be amended in the proposed new subsection (4A) by inserting the following new paragraph immediately after paragraph (iii) — Amendment of section 38A of Act No. 24 of 2011

(iv) processing of data is only effected through a server or a data centre located in Kenya.(Question of the amendment proposed) The Temporary Chairperson (

Division will be at the end. Clause 24

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting clause 25 and substituting thereof the following new clause— Amendment of 25. Section. 45 of the principal Act be amended by—

Mr. Temporary Chairperson, I beg to move- THAT, the Bill be amended by deleting Clause 30. Section 45 of Act No. 24 of

Mr. Temporary Chairperson, I beg to move- THAT, Clause 31 of the Bill be amended in the proposed new section 82A by inserting the following new subsection immediately after subsection (4) —

Mr. Temporary Chairperson, I beg to move- THAT, Clause 2 of the Bill be amended—

Hon. Senators, you may all rise. There being no other Business on the Order Paper, the Senate stands adjourned until Tuesday, 3rd December, 2024, at 2.30 p.m. The Senate rose at 6:01 p.m.

Hon. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report on this consideration of the Public Transport Motorcycle Regulation Bill (Senate Bills No. 38 of 2023) and seek leave to sit again tomorrow.

[(Question put and agreed to)]

Thank you, Hon. Temporary Chairperson, Sir. Pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report progress on its consideration of the Public Finance Management Amendment Bill (Senate Bills No. 40 of 2023) and seek leave to sit again tomorrow.

[(Question put and agreed to)]

Hon. Temporary Chairperson, Sir, pursuant to Standing Order 153, I beg to move that the Committee of the Whole do report progress on its consideration of the Political Parties (Amendment) (No.2) Bill (Senate Bills No.26 of 2024) and seek leave to sit again tomorrow.

[(Question put and agreed to)]

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Intergovernmental Relations (Amendment) Bill (Senate Bills No.12 of 2024) and seek leave to sit again tomorrow.

[(Question put and agreed to)]

Hon. Temporary Chairperson, Sir, pursuant to Standing Order No.153, I beg to move that the Committee of the Whole do report to the Senate its consideration of the Elections (Amendment) (No.2) Bill (Senate Bills No.29 of 2024) and seek leave to sit again tomorrow. Thank you. (Question put and agreed to) The Temporary Chairperson (

Let us all rise.

Hon. Members, we are now resuming and I would like to call upon the Chairperson to proceed to report of progress by the Committee of the Whole on the Public Transport (Motorcycle Regulation) Bill (Senate Bills No. 38 of 2023) .

Hon. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Public Transport (Motorcycle Regulation) Bill (Senate Bills No.38 of 2023) and seeks leave to sit again tomorrow.

Sen. (Dr.) Boni Khalwale, the Mover, please proceed. Clerk, give him the microphone.

Hon. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

Do we have somebody to second?

I request the Senator from Tana River County, Buya Mungatana, please second.

I second. Thank you.

[(Question proposed)]

[(Question put and agreed to).]

We shall now move to the next Bill, the Public Finance Management (Amendment) Bill (Senate Bills No. 40 of 2023) . I call upon Sen. Chute to report and then Sen. Hamida to move.

Thank you, Mr. Temporary Speaker, Sir. I beg to report that the Committee of the Whole has considered the Public Finance Management (Amendment) Bill (Senate Bills No. 40 of 2023) and seeks leave to sit again tomorrow.

Sen. Hamida, proceed to move.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report.

I request Sen. (Dr.) Khalwale to kindly second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

We will now proceed to report on the Intergovernmental Relations (Amendment) Bill (Senate Bills No.12 of 2024) . I call upon the Chairperson to report.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Intergovernmental Relations (Amendment) Bill (Senate Bills No. 12 of 2024) and seeks leave to sit again tomorrow.

Sen. Mungatana, proceed to move.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report and ask hon. Sen. Hamida to second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

We will now move to the next Bill, the Political Parties (Amendment) (No.2) Bill (Senate Bills No. 26 of 2024) . I call upon the Chairperson to report.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Political Parties (Amendment) (No.2) Bill (Senate Bills No.26 of 2024) and seeks leave to sit again tomorrow.

On behalf of the Senate Majority Leader, Sen. Mungatana proceed to move.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request hon. Hamida to second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole in the Senate has considered the Elections (Amendment) (No. 2) Bill (Senate Bills No. 29 of 2024) and seeks leave to sit again tomorrow.

I call upon the Mover, Sen. Mungatana.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report and request hon. Hamida to second.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Sen. (Dr.) Boni Khalwale, please approach the Chair. Hon. Senators, we are now resuming the normal business. We have two papers to lay as well as a Motion to issue notice. Clerk, go back to the Order Paper for purposes of that.

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

Next Order. Proceed, Sen. (Dr.) Khalwale.

Mr. Temporary Speaker, Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the report of the joint sittings of the Standing Committee on Finance and Budget of the Senate and the Departmental Committee on Finance and National Planning of the National Assembly, on the nomination of Mr. Gerald Nyaoma Arita for appointment to the position of Deputy Governor of the Central Bank …

Clerk, let us call the next Order. Hon. Members, for the convenience of the House, we will rearrange the Order Paper, so that we call out Order No.25, the County Assembly Services (Amendment) Bill (Senate Bill No.34 of 2023) . Thereafter, we shall proceed as per the Order Paper. So, Clerk, call out Order No.25.

Sen. Chute, this is your Bill. You may proceed to Move.

Thank you, Mr. Temporary Speaker, Sir. I beg to move- That the County Assembly Services (Amendment) Bill (Senate Bills No.34 of 2023) , be now read a Second Time. What this Bill is meant for is to align what is happening in the National Assembly and the Senate. If you look at the management of the Senate and the National Assembly, the Speaker is in charge of the House business only. What is happe…

Sen. Chute, you will, upon your moving, ask someone to second your Bill. We will then proceed from there upon it being seconded.

Let me ask my friend, Sen. Lomenen, the Senator for Turkana, to second this Bill.

Mr. Temporary Speaker, Sir, I second.

[(Question proposed)]

Hon. Members, this Bill is now open and available for contribution by Members. For those who would be keen on rendering their contribution, the Floor is open and available for contribution.

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to contribute to the County Assembly Services (Amendment) Bill (Senate Bills No.34 of 2023) , I want to thank Sen. Chute for moving this amendment. He has mentioned some of the important issues that the amendment of this County Assembly Services Bill seeks to advance. This Bill seeks to ensure that the clerk of a county assembl…

There seems to be no other Member who is interested in contributing to this Bill. I now call upon the Mover, Sen. Chute, to reply.

Thank you, Mr. Temporary Speaker, Sir. Pursuant to Standing Order No.66 (3) , I request that the putting of the question be deferred to a later date.

Hon. Senators, pursuant to provisions of Standing Order No.66 (3) , the putting of the question to this particular Bill is deferred to the next sitting of the House.

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

Now, having earlier rearranged the Orders to accommodate that Bill, we will resume. We dealt with the Committee of the Whole up to Order Number 17. Clerk, call out Order No 18. (The Clerk-at-the-Table consulted with the Speaker) Now, hon. Senators, the County Assembly's Pension Scheme Bill, (Senate Bills No. 14 of 2024, is Order No.18. In the absence of Members to contribute to it, it is deferred…