Senate · Afternoon Sitting

Saturday, 1 February 2025

Session Summary

Senators highlighted that recent tax changes and mandatory contributions are pushing civil servants below the constitutional one‑third salary rule, urging a review of the Human Resource Policies. The Senate also resolved to reduce Sen. Gloria Orwoba’s suspension period and addressed the three‑week UHC nurses’ strike over contract terms, unpaid gratuities, and the whereabouts of a supplementary budget, calling for a joint meeting with the Cabinet Secretary. Senators invoked Standing Order 53 to request statements from various committees on a range of governance concerns, including the alleged theft of excise duty stamps, compensation for wildlife‑related injuries, disputed county boundary changes, delayed exam‑related payments, pension arrears, unfair labour practices, and the status of health facilities. The interventions underscored frustration over lack of accountability and service delivery, urging prompt investigations and remedial action. The Senate confirmed quorum and proceeded with procedural business, including a motion to adjourn for discussion of the urgent issue of Kenyan fishermen killed in the Todonyang area. Senators also laid several Auditor‑General reports on Bungoma County finances and acknowledged a visit by Daystar University students. The session concluded with arrangements for a service for the late Senator Cheptumo and routine acknowledgements.

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The Deputy Speaker (Sen. Kathuri)

Clerk, confirm whether we have quorum. Serjeant-at-Arms, ring the Quorum Bell for 10 minutes. I confirm that we now have quorum. Hon. Senators, take your seats. Clerk, read out the first Order. Yes, Sen. Lomenen, proceed.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

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Sen. Lomenen

Thank you, Mr. Deputy Speaker, Sir. I beg to give Notice of the following Motion-

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Sen. Lomenen

THAT, pursuant to Standing Order No.37, the Senate do now adjourn to discuss a definite matter---

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The Deputy Speaker (Sen. Kathuri)

Sen. Lomenen, you are standing on a point of order. I saw your name on my screen, raising a point of order. Proceed to give notice. He is okay at this stage. However, he should state that he is standing on a point of order to state what he is presenting.

[(Sen. Cheruiyot spoke off record)]

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Sen. Lomenen

Thank you, Mr. Deputy Speaker, Sir. I beg to give Notice of the following Motion– THAT Pursuant to Standing Order No.37, the Senate do now adjourn to discuss a definite matter of urgent national importance— namely, the killing of Kenyan fishermen in Todonyang area.

[(Sen. (Dr.) Khalwale walked to the Dispatch Box and consulted Sen. Lomenen)]

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The Deputy Speaker (Sen. Kathuri)

Sen. (Dr.) Khalwale, why are you interrupting the Senator of Turkana County?

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Sen. Lomenen

Thank you, Mr. Deputy Speaker, Sir. I will repeat. I rise to give Notice of the following Motion – THAT, pursuant to Standing Order No.37, the Senate do now adjourn to discuss a definite matter of urgent national importance, namely, the killing of Kenyan fishermen in the Todonyang area on Saturday, 22nd February, 2025, that allegedly left at least 22 Kenyans unaccounted for and 15 boats belonging…

[(Several Senators stood in their places)]

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The Deputy Speaker (Sen. Kathuri)

Sen. Lomenen, I have confirmed that we have the requisite threshold. I direct that the Senate adjourn at 5:00 p.m. to discuss this Motion.

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Sen. Lomenen

Thank you, Mr. Deputy Speaker, Sir. The Deputy Speaker (Sen. Kathuri) : Next Order. What is your point of order, Sen. Kisang?

[(Sen. Cheruiyot spoke off record)]

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Sen. Kathuri) :

Maybe he is seeking clarification.

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The Deputy Speaker (Sen. Kathuri)

Maybe he is seeking clarification.

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Sen. Kisang

House that at 5.00 p.m., we would go to the service of our departed colleague, the late Sen. Cheptumo. Senators will lead the service. I do not know the arrangement we have.

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Sen. Kisang

House that at 5.00 p.m., we would go to the service of our departed colleague, the late Sen. Cheptumo. Senators will lead the service. I do not know the arrangement we have.

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The Deputy Speaker (Sen. Kathuri)

Sen. Kisang, this House will adjourn at 6.30

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Sen. Cheruiyot

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Wednesday, 26th February, 2025- Report of the Auditor-General on Financial Statements of the County Executive of Bungoma for the year ended 30th June, 2024. Report of the Auditor-General on Financial Statements of the County Assembly of Bungoma for the year ended 30th June, 2024. Report of the Auditor-…

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The Deputy Speaker (Sen. Kathuri)

I would like to acknowledge the presence in the Speaker’s and Public Galleries this afternoon, of 80 students of Diplomacy and International Relations from Daystar University. The students are led by Dr. Sylvia Muriuki, a lecturer of Peace and International Relations, and student leaders from the University. They are in the Senate for a one-day academic exposition. I request the lecturer and stud…

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Sen. Sifuna

Thank you, Mr. Deputy Speaker, Sir. Daystar has two campuses; one in Nairobi and another in Machakos County.

[(Laughter)]

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The Deputy Speaker (Sen. Kathuri)

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Sen. Sifuna

Thank you, Sen. Sifuna. I also want to notify them that it is the best university. My son attended the university and did international relations and security studies. He is not badly off wherever he is. I encourage the students to take up their positions rightly. Sen. Onyonka, proceed.

[(Laughter)]

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The Deputy Speaker (Sen. Kathuri)

Thank you, Sen. Sifuna. I also want to notify them that it is the best university. My son attended the university and did international relations and security studies. He is not badly off wherever he is. I encourage the students to take up their positions rightly. Sen. Onyonka, proceed.

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Sen. Onyonka

The university is a good institution. I hope you will continue to make sure that Kenya becomes a better country. I wish you all the best in your education.

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Sen. Onyonka

The university is a good institution. I hope you will continue to make sure that Kenya becomes a better country. I wish you all the best in your education.

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The Deputy Speaker (Sen. Kathuri)

Let us move on to the next Order. Sen. Mwaruma was to give Notice of the Motion. Sen. Onyonka, did he delegate that duty to you? Do you want to give the Notice of Motion on his behalf?

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Sen. Onyonka

Yes.

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The Deputy Speaker (Sen. Kathuri)

Okay, proceed.

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Sen. Onyonka

Mr. Deputy Speaker, Sir, I beg to give Notice of the following Motion- THAT, AWARE THAT Article 43 (1) (a) of the Constitution of Kenya provides that every person has the right to the highest attainable standard of health, including reproductive health care; NOTING THAT in Kenya, we have five National Teaching and Referral Hospitals with Kenyatta University Research and Teaching Hospital (KUTRRH)…

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The Deputy Speaker (Sen. Kathuri)

Clerk, let us move on to the next Order.

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern namely, the persistent delay by the Kenya Agricultural and Livestock Research Organisation (KALRO) in paying salary. Over the past year, KALRO employees across the country have experienced repeated delays in salary payments. Notably January, 2024 salaries were paid on 16…

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Sen. Oketch Gicheru

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern namely, the persistent delay by the Kenya Agricultural and Livestock Research Organisation (KALRO) in paying salary. Over the past year, KALRO employees across the country have experienced repeated delays in salary payments. Notably January, 2024 salaries were paid on 16…

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, I rise, pursuant to Standing Order No.52 (1) to make a Statement on a matter of national and international concern namely, the recognition of the service of the late Mr. Samuel Kaitwai, a young police constable who died in the line of duty while serving as part of the Kenyan-led and United Nations- backed multinational security support mission to Haiti. First and foremost…

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Sen. Seki

Mr. Deputy Speaker, Sir, I rise, pursuant to Standing Order No.52 (1) to make a Statement on a matter of national and international concern namely, the recognition of the service of the late Mr. Samuel Kaitwai, a young police constable who died in the line of duty while serving as part of the Kenyan-led and United Nations- backed multinational security support mission to Haiti. First and foremost…

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The Deputy Speaker (Sen. Kathuri)

Next Order.

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Sen. (Dr.) Khalwale

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

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The Deputy Speaker (Sen. Kathuri)

No, we are still under Statements. Sen. (Dr.) Khalwale, what is it that you want to be clarified under Standing Order No.52 (1) ? You know the Standing Orders very well.

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Sen. (Dr.) Khalwale

that we demonstrate respect for life and those who are still in the field, we should honour this man with one minute of silence.

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Sen. (Dr.) Khalwale

that we demonstrate respect for life and those who are still in the field, we should honour this man with one minute of silence.

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The Deputy Speaker (Sen. Kathuri)

Sen. (Dr.) Khalwale, are you giving instructions or are you communicating to the Chair to consider?

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Sen. (Dr.) Khalwale

I was bringing it to your attention. It is very sad. If we had more time to intervene in these Statements, I would have asked the Government not only to underwrite the cost as long---

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The Deputy Speaker (Sen. Kathuri)

Now you have no opportunity to do that.

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Sen. (Dr.) Khalwale

I would have asked for full compensation

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The Deputy Speaker (Sen. Kathuri)

Can you put the request properly?

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Sen. (Dr.) Khalwale

I request two things. One, if you allow, request the House to observe one minute of silence.

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The Deputy Speaker (Sen. Kathuri)

Okay, fine, that is enough. No two requests, only one minute of silence this afternoon.

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Sen. (Dr.) Khalwale

Na ile ya pili?

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the administrative challenges affecting the operation of the Social Health Authority (SHA) . On 12thNovember, 2024, the Acting Chief Executive Officer (CEO) for SHA was suspended for 90 days to allow investigations into his conduct and performance. The prolonged…

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Sen. Munyi Mundigi

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding allegations of child trafficking in Government health facilities and informal clinics. In the Statement, the Committee should-

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Sen. Okenyuri

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding allegations of child trafficking in Government health facilities and informal clinics. In the Statement, the Committee should-

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir. Although the Cabinet Secretary for Health was here, there were questions that were not responded to very well and I will still ask them. Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Health, regarding the status of payment of liabilities of the defunct National Health Insurance Fund (N…

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Sen. Kibwana

Thank you, Mr. Deputy Speaker, Sir. Although the Cabinet Secretary for Health was here, there were questions that were not responded to very well and I will still ask them. Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Health, regarding the status of payment of liabilities of the defunct National Health Insurance Fund (N…

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Sen. Kibwana

I will read the second Statement. Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Health regarding the criteria used by the Social Health Authority (SHA) to empanel clinical officers. Mr. Deputy Speaker, Sir, concerns have been raised that SHA only recognises clinical officers affiliated with the Kenya Medical Practitioner…

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialisation and Tourism, regarding the heated verbal exchange and altercation between the employees of Kenya Airways (KQ) and a Nigerian passenger at Jomo Kenyatta International Airport (JKIA) , on 3 February, 2025. In the Statement, the Committee shoul…

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Sen. Cherarkey

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Trade, Industrialisation and Tourism, regarding the heated verbal exchange and altercation between the employees of Kenya Airways (KQ) and a Nigerian passenger at Jomo Kenyatta International Airport (JKIA) , on 3 February, 2025. In the Statement, the Committee shoul…

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The Deputy Speaker (Sen. Kathuri)

Thank you, 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 construction and upgrade of Lomut- Lokwamosing (B118) and Nginyang’-Lokori-Lokichar Road (A10) roads in Turkana County. Mr. Deputy Speaker, Sir, these roads are vital for opening of Turkana County to the rest of Kenya…

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Sen. Lomenen

Thank you, 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 construction and upgrade of Lomut- Lokwamosing (B118) and Nginyang’-Lokori-Lokichar Road (A10) roads in Turkana County. Mr. Deputy Speaker, Sir, these roads are vital for opening of Turkana County to the rest of Kenya…

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The Deputy Speaker (Sen. Kathuri)

You have two Statements. Proceed and read the other one.

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Sen. Lomenen

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on National Security, Defense, and Foreign Relations regarding the havoc caused by surging waters of Lake Turkana in Turkana County. Mr. Deputy Speaker, Sir, the alarming rise in water levels in Turkana County has submerged homes, roads, schools, and health facilities,…

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, I rise first to Standing Order 53 (1) to seek a Statement from the Standing Committee on National Security, Defense, and Foreign Relations regarding irregularity observed during the 2023 Defense Forces Recruitment Exercise, particularly affecting Reuben Ngige Muthoni, Identity (ID) Card number 36754818, a resident of Ngaimurunya Ward, Kajiado North Sub- County Kajiado Coun…

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Sen. Seki

Next is the Statement by Sen. Miraj Abdullahi. She has delegated that responsibility to Sen. Hamida Kibwana. Similarly, Sen. Githuku has delegated his Statements to Sen. Hamida. Sen. Hamida Kibwana, read the Statements; one Statement for Sen.Miraj, and the two for Sen. Joseph Githuku.

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Finance and Budget, regarding the alleged theft of 9,686,358 excise duty stamps from the custody of the Kenya Revenue Authority (KRA) . Mr. Deputy Speaker, Sir, this alarming incident has put the spotlight on issues like consumer safety, public health risk, tax evasion, …

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Sen. Kibwana

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Finance and Budget, regarding the alleged theft of 9,686,358 excise duty stamps from the custody of the Kenya Revenue Authority (KRA) . Mr. Deputy Speaker, Sir, this alarming incident has put the spotlight on issues like consumer safety, public health risk, tax evasion, …

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The Deputy Speaker (Sen. Kathuri)

Mr. Deputy Speaker, Sir, please, allow me to seek this Statement on behalf of Sen. Mwaruma.

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Sen. Betty Montet

Mr. Deputy Speaker, Sir, please, allow me to seek this Statement on behalf of Sen. Mwaruma.

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The Deputy Speaker (Sen. Kathuri)

Okay, proceed.

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Sen. Betty Montet

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Lands, Environment and Natural Resources regarding the status of compensation for victims of human-wildlife conflict in Taita Taveta County. During a ceremony held on 12th July, 2023 at Voi in Taita Taveta County, the then Cabinet Secretary for Tourism and Wildlife, Hon. Penina …

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Sen. Betty Montet

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Devolution and Intergovernmental Relations concerning the alteration on the fourth day of July 2020 of the boundary between Taita-Taveta County and Kajiado County at Rombo Ranch in Taita-Taveta County by the county governments of Taita-Taveta and Kajiado. In the Statement, the C…

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Sen. Betty Montet

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Devolution and Intergovernmental Relations concerning the alteration on the fourth day of July 2020 of the boundary between Taita-Taveta County and Kajiado County at Rombo Ranch in Taita-Taveta County by the county governments of Taita-Taveta and Kajiado. In the Statement, the C…

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the delayed payments to supervisors, invigilators, and examiners of the 2024 Kenya Certificate of Secondary School Education (KCSE) examinations in Kisii County and in the Republic of Kenya. In the Statement, the Committee should-

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Sen. Onyonka

Mr. Deputy Speaker, Sir, my second Statement. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the status of pension schemes of former employees of the Kenya Pyrethrum Board (KPB) , the Kenya Medical Research Institute (KEMRI) , the Technical University of Kenya (TUK) , Kenyatta National Hospital (KNH) and other state d…

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Sen. Onyonka

Next is Sen. (Prof.) Tom Ojienda. You have two Statements.

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The Deputy Speaker (Sen. Kathuri)

Next is Sen. (Prof.) Tom Ojienda. You have two Statements.

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Sen. (Prof.) Tom Odhiambo Ojienda, SC

Mr. Deputy Speaker, I rise first to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding concerns over alleged unfair labour practices, ethnic profiling, and violation of labour laws at China Square, Kisumu County. While investment in Kisumu County is encouraged, all businesses must comply with the law and uphold fair labour practices, en…

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Sen. (Prof.) Tom Odhiambo Ojienda, SC

Thank you. There are two Statements by Sen. Wambua Enoch. Sen. Beatrice, I am posing for you to make some decisions. You know the consequences of dropping any business. We made a resolution in Naivasha. Proceed.

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The Deputy Speaker (Sen. Kathuri)

Thank you, Mr. Deputy Speaker, Sir, for allowing me to read the request for Statement by Sen. Enoch Wambua. I rise pursuant to Standing Order No. 53

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Sen. Ogola

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the status of health facilities in Kitui County. In the Statement, the Committee should-

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Sen. Wambua

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the status of health facilities in Kitui County. In the Statement, the Committee should-

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The Deputy Speaker (Sen. Kathuri)

I thank you once more, Mr. Deputy 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 concerns over tax regimes that have led to a growing trend where public servants are receiving salaries that violate the provisions of the Human Resource Policies and Procedure Manual on the one-third basic rule. There is…

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Sen. Ogola

basic salary, which is required by Section 3 of the Human Resource Policies and the Procedure Manual, 2016. According to this policy, no employee should commit more than two-thirds of their basic salary. However, the additional taxes and contributions are forcing workers to take home less than they should, leading to a real danger of throwing more people into the poverty net called the working po…

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Sen. Ogola

basic salary, which is required by Section 3 of the Human Resource Policies and the Procedure Manual, 2016. According to this policy, no employee should commit more than two-thirds of their basic salary. However, the additional taxes and contributions are forcing workers to take home less than they should, leading to a real danger of throwing more people into the poverty net called the working po…

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, I want to put the question on Order No.8, and then I will allow Members to comment on their Statements. Clerk, next Order.

[(Interruption of debate on Statements)]

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, you may rise. Having concluded debate on the Motion of Adjournment under Standing Order No.37, the Senate stands adjourned until tomorrow, Thursday, 27th February, 2025, at 2.30 p.m. The Senate rose at 5.02 p.m.