Senate · Afternoon Sitting

Clerk, do we have quorum? Serjearnt-at-Arms, kindly ring the Quorum Bell for 10 minutes. Serjearnt-at-Arms, I am informed we now have the quorum, so you may stop the Bell.

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

[(The Quorum Bell was rung)]

[(Several Senators walked into the Chamber)]

[(Loud Consultations)]

Proceed, Chairperson, Standing Committee on Justice, Legal Affairs and Human Rights.

Thank you, Mr. Speaker, Sir. I beg to lay the following Petition on the Table of the Senate, today, Thursday, 10th August, 2023- Report on a Petition filed by the Kipsigis Community Clans Organisation regarding historical land injustices against the Kipsigis Community. I am told I have limited time. I would love to speak to this particular Petition in the shortest time possible. I want to highli…

agencies for determination. In some, certain decisions have been rendered. For instance, the NLC made a determination sometimes in April, 2023. However, this particular determination was challenged in the High Court. It also pronounced itself by quashing the determination by the NLC, out of which, the County Government of Kericho has appealed against that particular judgment. It is a matter that i…

Sen. Maanzo, Sen. Nyamu and Sen. Miraj, I call you to order.

Thank you, Mr. Speaker, Sir, for protecting yours truly. Out of the engagements and the meeting that we have had and the reports that we studied as a Committee, we have, besides the presentation of the documentation we have, come up with five key recommendations. Mr. Speaker, Sir, allow me to highlight the basic of these recommendations one of which is with regard to the mandate of the NLC. We ha…

more than 30 days. In any case, it has to be tabled unless otherwise, justification for later submission is given. Thirdly, the Committee has also recommended that the large-scale tea producers who are domiciled in the county governments of Kericho and Bomet, with the local community, continue in the current ongoing collaboration engagements, in order to ensure that there are innovative means and…

stakeholders who presented submissions before the Committee, including the large-scale tea producers, the National Land Commission, the Kenya National Commission on Human Rights (KNHCR) and the Office of the Attorney General. Lastly, I wish to thank the offices of the Speaker and Clerk for the support accorded to the Committee during the consideration of this report. I also thank the Secretariat …

Next Order.

Hon. Senators, I wish to rearrange the sequence of today’s Order Paper. If you look at Order No.8; that is a Motion that we need to dispense with today being the last day of our sitting. It is, therefore, a priority. We shall move to prosecute Order No.8. Once we are done, we will come back to Order No.7. Clerk, proceed to call that Order.

On this note, I request party Whips to mobilize the requisite numbers of delegations for the Divisions to be undertaken. This will clear the backlog of the Bills scheduled for Division from the Order Paper. Concerning Motions, 24 Motions are pending conclusion before the Senate and will be accordingly scheduled by the Senate Business Committee (SBC) in the programme of the Senate business for eac…

On this note, I request party Whips to mobilize the requisite numbers of delegations for the Divisions to be undertaken. This will clear the backlog of the Bills scheduled for Division from the Order Paper. Concerning Motions, 24 Motions are pending conclusion before the Senate and will be accordingly scheduled by the Senate Business Committee (SBC) in the programme of the Senate business for eac…

Thank you, Senate Majority Leader, Sen. Cheruiyot. Sen. Omogeni, please, proceed with the Statement under Standing Order No.50

Thank you, Mr. Temporary Speaker, Sir.

Sen. Sifuna, please, approach the Chair. Proceed, Sen. Omogeni.

[(Sen. Sifuna approached the Chair)]

Mr. Temporary Speaker, Sir. I first want to salute the Senate Majority Leader, Sen. Cheruiyot, who has displayed a lot of wisdom this afternoon in the way he has managed the matter of Sen. Orwoba. I am sure that the Leadership will be able to address this matter and give some counsel to Sen. Orwoba.

His dedication to public service and the betterment of the community will always be remembered. It is indeed with deep sorrow----

What is your point of order, Sen. Cherarkey? Sen. Omogeni, there is a point of order from Sen. Cherarkey.

Mr. Temporary Speaker, Sir, when I made a mistake earlier by crossing the Bar without bowing, it appeared trivial. However, as the matter and procedure of the House, Standing Order No.51 (b) , talks about the procedure for Questions and Statements, like the one my brother is making. I sympathise and empathise with him. Let us stick to the rules stipulated under Standing Order No.51 (b) on content…

Sen. Omogeni, take note of that requirement of the Standing Orders and proceed to read your Statement in compliance with it.

Mr. Temporary Speaker, Sir, I note the concerns of Sen. Cherarkey.

[(Laughter)]

For purposes of record, Sen. Kathuri, it is true that Sen. Montet Betty had raised the issue earlier and the ruling on the matter slipped the Chair’s mind. Sen. (Dr.) Murango from Kirinyaga is not properly dressed. Since he already left the Chamber, he will remain out of this House until he is properly dressed. Sen. Omogeni, proceed.

[(Laughter)]

Mr. Temporary Speaker, Sir, I am lost. This is a Statement on the tragic death of Majority Leader of the County Assembly of Nyamira. The late Hon. Elijah Osiemo was a dedicated public servant who showed unwavering commitment to his constituents and the development of Nyamira County. His dedication to public service and the betterment of his community will always be remembered. It is with deep sor…

Mr. Temporary Speaker, Sir, I am lost. This is a Statement on the tragic death of Majority Leader of the County Assembly of Nyamira. The late Hon. Elijah Osiemo was a dedicated public servant who showed unwavering commitment to his constituents and the development of Nyamira County. His dedication to public service and the betterment of his community will always be remembered. It is with deep sor…

the morning, through a written communication, requesting for dress code accommodation today, for medical conditions and the hon. Speaker had granted that exemption to the hon. Senator. It is important to mention this for purposes of the record of this House. Sen. (Dr.) Murango was properly dressed owing to the exemption that he had been granted by hon. Speaker, out of his request. Sen. Veronicah…

Mr. Temporary Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on the storage of food commodities during the bumper harvest in Kenya. In the Statement, the Committee should-

Mr. Temporary Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries on the storage of food commodities during the bumper harvest in Kenya. In the Statement, the Committee should-

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. I rise, pursuant to Standing Order No.53 (1) to request for a statement from the Standing Committee on Health on the need for a conducive policy, legislative and programmatic environment for safeguarding the health and rights of adolescents in Kenya. Mr. Temporary Speaker, Sir, I request that Sen. Cherarkey and Sen. Methu listen to me.

[(Sen. Cherarkey and Sen. Methu consulted loudly)]

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. I rise, pursuant to Standing Order No.53 (1) to request for a statement from the Standing Committee on Health on the need for a conducive policy, legislative and programmatic environment for safeguarding the health and rights of adolescents in Kenya. Mr. Temporary Speaker, Sir, I request that Sen. Cherarkey and Sen. Methu listen to me.

[(Sen. Cherarkey and Sen. Methu consulted loudly)]

Can the Senator be heard in silence? Senators, consult in low tones if you must.

Mr. Temporary Speaker, Sir, aware that there are approximately

Thank you, Mr. Temporary Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to request for a Statement from the Committee on Land, Environment and Natural Resources on the introduction of diving and lifeguard courses at the Bandari Maritime Academy and other technical institutions. In the Statement, the Committee should-

Thank you, Mr. Temporary Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to request for a Statement from the Committee on Land, Environment and Natural Resources on the introduction of diving and lifeguard courses at the Bandari Maritime Academy and other technical institutions. In the Statement, the Committee should-

Thank you, Mr. Temporary Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) , on behalf of Sen. Sifuna, to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the planned importation of sugar. In the Statement, the Committee should -

Mr. Temporary Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) , on behalf of Sen. Sifuna, to seek a Statement from the Standing Committee on Energy regarding plans by the Government to hand over the management of National Oil Corporation of Kenya (NOCK) to a private investor. In the Statement, the Committee should-

Mr. Temporary Speaker, Sir, I rise, pursuant to Standing Order No.53 (1) , on behalf of Sen. Sifuna, to seek a Statement from the Standing Committee on Energy regarding plans by the Government to hand over the management of National Oil Corporation of Kenya (NOCK) to a private investor. 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 Justice, Legal Affairs and Human Rights regarding the status of inquiries by the Ethics and Anti-Corruption Commission (EACC) in the Arid and Semi-Arid Lands (ASALs) counties of Wajir, Mandera, Marsabit and Samburu. 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 Justice, Legal Affairs and Human Rights regarding the status of inquiries by the Ethics and Anti-Corruption Commission (EACC) in the Arid and Semi-Arid Lands (ASALs) counties of Wajir, Mandera, Marsabit and Samburu. In the Statement, the Committee should-

Mr. Speaker, Sir, pursuant to Standing Order No.53 (1) , I rise to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations concerning recent terrorist attacks in several parts of Kenya. In the Statement, the Committee should -

Mr. Speaker, Sir, pursuant to Standing Order No.53 (1) , I rise to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations concerning recent terrorist attacks in several parts of Kenya. In the Statement, the Committee should -

Sen. Oketch Gicheru, as you proceed to read your Statement, you are required to bow at the Bar. So, in future, ensure that you get to the Bar.

Sen. Oketch Gicheru, as you proceed to read your Statement, you are required to bow at the Bar. So, in future, ensure that you get to the Bar.

Mr. Temporary Speaker, Sir, I thank you. You know I always comply.

Hon. Members, I now want to rearrange the Order Paper so that we call out Order No.16 Clerk, call out Next Order.

This one is a Motion that had progressed and was deferred on the 2nd August. Sen. Wamatinga had a balance of 11 minutes, but he is not in the House. Sen. Cherarkey, proceed to make your contributions.

because, so far, 10 years down the line Kenyans are still struggling to access water, good roads, Early Childhood Development Education (ECDE) and bursaries. The only bedevilling thing to these county governments has been the exponential growth of corruption and yet the Ethics and Anti-Corruption Commission (EACC) continues to do nothing about fighting corruption in our counties. The EACC should …

because, so far, 10 years down the line Kenyans are still struggling to access water, good roads, Early Childhood Development Education (ECDE) and bursaries. The only bedevilling thing to these county governments has been the exponential growth of corruption and yet the Ethics and Anti-Corruption Commission (EACC) continues to do nothing about fighting corruption in our counties. The EACC should …

I am sure you then cannot prosecute your point of order, Sen. Methu. Hon. Members, there seems to be no other Member in the queue to contribute to this Motion. I, therefore, call upon the Mover to reply. Proceed, Sen. Cheptumo.

Mr. Temporary Speaker, Sir, the Women Enterprises Fund, the Youth Enterprises Fund, the cash transfers for the elderly, the nomination of people with disabilities even to this House, is a confirmation that the others have been taken care of through the affirmative action and yet these minorities and marginalized have not been addressed. If this Motion is passed by this House, I will move forward …

Mr. Temporary Speaker, Sir, the Women Enterprises Fund, the Youth Enterprises Fund, the cash transfers for the elderly, the nomination of people with disabilities even to this House, is a confirmation that the others have been taken care of through the affirmative action and yet these minorities and marginalized have not been addressed. If this Motion is passed by this House, I will move forward …

Hon. Senators, I rule pursuant to Standing Order No.84 (1) that this particular Motion does not affect counties. I, therefore, put the question.

[(Question put and agreed to)]

Hon. Members, we are further reorganising the Order Paper. We will go to Order No.23. Clerk, please call it out.