Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes Order, hon. Senators. We do have quorum now. The Senate Minority Leader! Clerk, you may proceed to call the First Order.

[(The Quorum Bell was rung)]

[(Sen. Madzayo walked into the Chamber)]

Mr. Speaker, Sir, I rise pursuant to Standing Order No.57 (1) to present the business of the Senate for the week commencing Tuesday, 16th July, 2024. As hon. Senators are aware, the country stands at a precipice. The unrest and protests that have been witnessed over the last three weeks have gripped our country and threatened to lead to chaos and anarchy. The Senate recognizing the gravity of thi…

reason, I implore Senators to prioritize their presence in the Chamber, so that we are able to make progress on the pending business, which includes 49 Bills that are pending conclusion, of which 42 are at the Second Reading stage and seven are at the Committee of the Whole stage. I plead with the honourable Whips and the leadership of both sides of the aisle, if possible, we can conclude on those…

Sen. (Dr.) Khalwale, you cannot rise on a point of order. Proceed.

Yes, Mr. Speaker, Sir. I thank the Senate Majority Leader for the Statement. Whereas I have the latitude to seek clarification from him through other means, but because he has made what concerns me in public, it is fair that I seek that clarification. He has said that the County Allocation of Revenue Bill (Senate Bills No.25 of 2024) has not been ascended to, and that we will have to redo it. Coul…

Senate Majority leader, proceed.

Mr. Speaker, Sir, I am not sure whether the Majority Whip listened properly. I said I am not certain whether the Division of Revenue Bill, as was passed by this House, has been assented to. I have no recollection. If he has that information, that is something that he may wish to clarify to me. I said CARA is a product, like he has rightfully put, of DORA. If the CARA is yet to be assented to beca…

Proceed, Sen. Sifuna.

Mr. Speaker, Sir, personally I find no fault in the manner in which Sen. (Dr.) Khalwale has chosen to address this matter because it is not a matter just between him and the Senate Majority Leader. If I understand well, there is a way in which the Executive communicates with this House on their treatment of any Bills passed by this House. So, the authority to tell us with certainty whether the Bi…

Let us wait for formal communication. Before we proceed to the next Order, Sen. (Dr.) Khalwale, the matter will be communicated formally and officially. Let us not extend it beyond that.

Mr. Speaker, Sir, we all stood there and swore to uphold and defend the Constitution and, therefore, the rule of law. I do not have to remind any colleague here, because it is clear how a Bill becomes law. If after 14 days no communication came from you that the Division of Revenue Bill had not been assented to, automatically it stands assented to. That is why I need the clarification

Sen. (Dr.) Khalwale, I have indicated that a formal communication in that regard shall be made. Before we proceed to the next Order, allow me to make this Communication. Sen. Omogeni and Sen. Kavindu Muthama, kindly take your seats.

[(Sen. Omogeni and Sen. Kavindu Muthama walked into the Chamber and took their seats)]

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon, of 12 Hansard officers from the county asemblies of Kisumu and West Pokot. The officers are undertaking a capacity building programme on Information Technology (IT) in the production of Parliamentary Hansard at the Centre for Parliamentary Studies (CPST) . On behalf of the Senate and on my own behalf, …

[(Applause)]

I thought I saw the Senator for Kisumu County in the House. In his absence, I will allow the Senator for Migori County to extend a word of welcome.

[(Loud consultations)]

Mr. Speaker, Sir, you can hear the background complaints from the Senator for Homa Bay saying that Migori is far from Kisumu, which means that he would have desired to welcome the amazing delegation from Kisumu County. Even though Homa Bay is closer to Kisumu, it seems it is very far from Parliament because the Senator was a bit late, but that is fine. We are happy that you are here with us. This…

[(Laughter)]

Let us move on to the next Order.

month of September in every session of the 4th Senate, except during an election year with an objective to-

Hon. Senators, we had concluded debate on this Motion. I will, therefore, proceed to put the Question. Next Order.

[(Question put and agreed to)]

We will defer this Order and proceed to the next Order.

This particular Order is also deferred. Next Order. Second Reading

This Order is also deferred. Next Order. Second Reading

I see two names. Hon. Senators, I am persuaded that they want to contribute to this Motion. If not, then kindly log out, so that we know we how we are transacting this Order. This Order is deferred. Proceed to the next Order. Next Order, Clerk.

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

Second Reading

The Chairperson, Standing Committee on Labour and Social Welfare? That Order is deferred. Next Order, Clerk. Second Reading

Sen. (Dr.) Murango is not here. That Order is deferred. Next Order, Clerk. Second Reading

Sen. Miraj is not here. That Order is deferred. Next Order, Clerk. Second Reading

Sen. (Dr.) Murango is not here. That Order is deferred.

(Bill deferred) Next Order, Clerk. Second Reading

Sen. Veronica Maina is not here. That Order is deferred. Next Order, Clerk. Second Reading

Sen. Thang’wa is not here. That Order is deferred. Next Order, Clerk. Second Reading

Sen. Chute is not here. That Order is deferred. Next Order, Clerk.

Second Reading

Sen. Kathuri is not here. That Order is deferred. Next Order, Clerk. Second Reading

Thank you, Mr. Temporary Speaker, Sir. I rise, pursuant to Standing Order No.58, to make a personal statement concerning inaccurate reporting on mainstream media on my contribution to the Motion before the Senate on the current state of the nation. During the afternoon sitting of the Senate held on Wednesday, 10th July, 2024, some sections of the mainstream media have misconstrued my remarks to m…

My position is that whereas some clauses in the Bill may not have been offensive, what the country went through, that included loss of lives, injuries, vandalism and destruction of property, the Finance Bill, 2024 should be withdrawn in its entirety. I thank you, Mr. Temporary Speaker, Sir. (Resumption of debate on Bill)

Thank you, Sen. Keroche. Sen. Tobiko Peris.

Thank you, Mr. Temporary Speaker, Sir. The Statement by Sen. Keroche Tabitha, almost disrupted the flow of the Bill and thoughts on this important Bill we were discussing, but I still thank you for this opportunity. I congratulate Sen. Okenyuri for this beautiful piece of legislation. This would be one of the most important and relevant pieces of legislation that has come on the Floor of the Hous…

violent robberies, thuggery or other ways. We expect this sort of legislation in Nairobi to help bring order in the city. We will have streets that are designated as no-vending zone or restricted areas or restriction-free vending zones. This is very important. It is also important that there is registration of such persons, so that at any one time, we are able to monitor as a country the number o…

them trade. However, they should not overrun the local market because even those who are stationed in those counties need the space and protection by legislation to their trading. Mr. Temporary Speaker, Sir, this is a relevant piece of legislation that will bring sanity to the business environment. There are people in business who pay rent and other taxes thus enabling counties to have revenue. T…

Thank you, Sen. Tobiko, for your contribution. Proceed, Sen. Chimera.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. Let me first begin by informing those Kenyans who were in doubt that Parliament can actually legislate on issues that touch directly on mwananchi; today is your moment. To many Kenyans who thought we could not legislate on informal trading, today is equally their moment. The moment of hustlers is well captured through Sen. Okenyuri’s Str…

The good of the people can be the greatest law that any parliament in this world would aspire to. Mr. Temporary Speaker, Sir, I will briefly speak to a few issues as captured in the Bill by Sen. Okenyuri. Many colleagues have spoken and many more would wish to speak to this Bill. As such, I will be fairly brief in my contribution. Clause 11 of the Bill provides for designation of vending locatio…

Thank you, Sen. Chimera, for your support. I will allow Sen. Beatrice Ogola next to give her support, but before she does that, I have a Communication to make.

[(Interruption of debate on Bill)]

Hon. Senators, I wish to report to the Senate that, pursuant to Standing Order No.47 (1) , I have received the following Message from His Excellency the President regarding the referral of the County Allocation of Revenue Bill (Senate Bills No.25 of 2024) . The Message, was conveyed as a Presidential Memorandum dated 10th July, 2024, was received in my office today, Thursday, 11th July, 2024. Pu…

Hon. Senators, Article 115 provides that the Houses of Parliament shall either, by a majority vote, amend the Bill in light of the President’s reservations or, by a vote supported by two-thirds of Members of each House, pass the Bill a Second Time without amendment or with amendments that do not fully accommodate the President’s reservations. Pursuant to the provisions of Standing Order No.170, I…

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to add my voice to the Street Vendors Bill (Senate Bill No.41 of 2023) as presented by my sister, Sen. Okenyuri. Street vending is a source of livelihood for a majority of our people all over the county. Just like the boda boda, street vendors are a majority of the small businesses in our locality. These are a class of people…

[(Protection of Livelihoods)]

The many businesses that the street vendors get involved in are a source of national unity. All of you will agree with me that those traders come from all over this country. In my small town back at home called Ndhiwa, on Thursday when we have a market day, you can be sure you have most of the tribes represented in that market. We have traders coming from as far as Thika, Garissa, and Kisii who ar…

markets. I can give an example of markets in my home Constituency of Ndhiwa, in Mbita, Suba North Constituency and so many others that were constructed using the Economic Stimulus Funds just lying unused. Mr. Temporary Speaker, Sir, I know that we got into such kind of a situation because we did not plan together with the vendors. So, in making the designations, designing zones, taking this data …

This Bill must also emphasize on county enforcement units because this goes hand in hand with the operations of street vendors. Street vendors do business within county government structures. Officers who deal with them on a day-to-day basis are law enforcement officers of county governments. This Bill must mention something on the preparedness and training of law enforcement officers, so that the…

Thank you, Sen. Beatrice. I now invite Sen. Nderitu John Kinyua to make his contribution.

Bw. Spika wa Muda, asante kwa kunipa fursa hii kuchangia Mswada huu kuhusu wachuuzi wa rejareja. Kwanza, nampongeza Sen. Esther Okenyuri kwa Mswada huu. Amewapa heshima na hadhi wachuuzi ambao kwa wakati mwingi wanaonekana kama watu wasiofaa ama biashara wanazofanya hazifai. Kwa kuwasilisha Mswada huu hapa Seneti, inaonyesha kwamba anawajali. Ukitazama Vifungu vya tatu na nne, Waziri anayehusika …

moja hadi nyingine ilhali wanalipa kodi. Naunga mkono kwamba watengewe sehemu za kufanyia biashara. Sehemu ambazo wanafanyia biashara ziwe na huduma zinazohitajika. Kuwe na vitu kama vile vyoo kwa sababu ni watu wanaofanya biashara zao kwa muda mrefu hadi usiku. Tumesema kwamba tunataka uchumi unaondeshwa masaa 24. Hilo litawezekana ikiwa wachuuzi hao watashughulikiwa. Sehemu kama hizo zinafaa ku…

Kwa kuangazia, Mswada huu uliwasilishwa na Sen. Esther Okenyuri. Sisi kama Chama cha United Democratic Alliance (UDA) ambacho Okenyuri ni mwanachama, tulipokuwa tunafanya uchaguzi, tulisema tutazingatia wale walioko chini kama vile mama mboga, watu wa boda boda na vinyozi. Hivyo basi, nampongeza kwa sababu Mswada huu umelenga papo ndipo kwa kuwashughulikia vilivyo. Kwa hivyo, mimi niko na kila sab…

Thank you very much, Sen. Kinyua, for your contribution. Now, hon. Senators, we do not have any other Member interested in contributing to this Bill.

I will, therefore, call upon the Mover, Sen. Okenyuri, to reply. Considering that you are the last person to speak, you have 12 minutes to summarise when you are replying.

Asante sana, Bw. Spika wa Muda, kwa nafasi hii. Ningependa kujibu. Kwanza, ningependa kufuata mkondo wa Seneta wa Laikipia, Sen. Kinyua. Mapema wiki hii, tumefurahia kuadhimisha siku ya Kiswahili. Kwa sababu nakienzi Kiswahili, ningependa kuzungumza kwa lugha hii. Nawapongeza Maseneta waliochangia Mswada huu kama vile Mwenyekiti wa Kamati ya Kudumu ya Biashara na Viwanda, Seneta wa Kajiado, Sen. …

Nimefurahia sana kuwa Mswada huu umeletwa na mimi. Mimi ni mfano bora wa mtu ambaye amekuwa kutoka vile vitengo vya chini na sasa niko kwenye Bunge hili la Kitaifa, nikizidi kuwatetea wengine ambao si walio katika kitengo cha miaka yangu. Ombi langu ni kuwa Maseneta wengine wataweza kuniunga mkono na marekebisho yoyote ambayo tutaweza kuyafanya ili Mswada huu uwe sheria ambayo itasukuma taifa la …

Thank you very much, Sen. Okenyuri. The putting of the question will now be deferred pursuant to the provisions of the Standing Order No.66 as requested by you.

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