Senate · Afternoon Sitting

Do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

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

[(The Quorum Bell was rung)]

Hon. Senators, we now have quorum. Clerk, proceed to call out the first Order.

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) , I received the following Message from the Speaker of the National Assembly regarding the decision of the National Assembly on The Mung Beans Bill, (Senate Bills No.13 of 2022) . The Message dated Thursday, 22nd May, 2025 was received in the office of the Clerk of the Senate on Monday, 26th May, 2025. Pursuant…

Pursuant to the provisions of Standing Order No.41(1) and No.149 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly- WHEREAS The Mung Beans Bill (Senate Bills No.13 of 2022) was published vide Kenya Gazette supplement No.206 of 30th December, 2022 as a Bill seeking to provide for the development, regulation and promotion of the mung bean sec…

Sen. Kisang, proceed.

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, 12th June, 2025-

The Chairperson, Standing Committee on Information Communication and Technology.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today 12th June, 2025- Report of the Standing Committee on Information, Communication and Technology (ICT) on its consideration of the Technopolis Bill (National Assembly Bills No.6 of 2024) . I thank you.

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

Hon. Senators, as you may have noted, the Senate Majority Leader laid on the Table of the Senate this afternoon the report of the National Treasury and Economic Planning on all new loans contracted by the Government of Kenya from 1st January, 2025 to 30th April, 2025. The report by the National Treasury on the stated period contains details on all new loans signed between the national Government a…

Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion- THAT, the Senate adopts Report of the Standing Committee on Energy on inquiry into the shortage of smart energy meters in Kenya and the potential for their local manufacturing, laid on the Table of the Senate on Wednesday, 11th June,

Before I asked the Clerk to call the next Order, I have a Communication to make. Hon. Senators, kindly take your seats.

Hon. Senators, I would like to acknowledge the presence in the Speaker's Gallery this afternoon, of a visiting delegation of Members of the Committee on Delegated Legislation of the County Assembly of Embu. The delegation is undertaking a benchmarking visit with their counterparts in the Senate. Hon. Senators, I request each member of the delegation to stand when called out, so that they may be a…

Asante Bw. Spika kwa kunipa fursa kuwakaribisha Wabunge na wafanyakazi kutoka Kaunti ya Embu. Karibuni sana, mujifunze yale tunayoendeleza hapa Parliament. Wakati huu wa ugavi wa pesa, Maseneta wote tunaunga mkono kaunti zote. Bw. Spika, Kaunti ya Embu ni mojawapo ya kaunti ndogo 11ambazo tunang’ang’ana kuona kama tunaweza kuongezewa pesa. Ningependa kuwaambia MCAs

kwamba ikiwa tutapata bilioni nne na zaidi kwenye bajeti, naomba muhakikishe zinatumika kwa njia inayofaa. Ningependa kumueleza Sen. Omogeni na zile kaunti zingine kubwa zinazotuunga mkono kwamba Kaunti ya Embu ina shida ya pending bills na wage bills. Ikiwa tutapata zile pesa, nawahakikishia kwamba tutatimiza mambo ya maji, elimu na barabara. Najua Members of County Assembly (MCAs) wa Embu Kaunt…

Senator for Kilifi County, please, take your seat.

be referred to adversely, except upon a substantive Motion of which at least three days’ notice has been given.” This prompted several points of order from the Senator for Kakamega County, Sen. (Dr.) Boni Khalwale, MP; the Senator for Nairobi City County, Sen. Edwin Sifuna, MP and the Senator for Narok County, Sen. Ledama Olekina, MP. Hon. Senators, in the point of order raised by Sen. (Dr.) Kha…

Thank you, Mr. Speaker, Sir. I need your guidance on a number of issues, and as a Member of this House, I will abide by your directions. Can a witness discuss the conduct or the state of a Member of the Senate who sits in the Senate? When you look at Article 96 (4) , it says- “ (4) The Senate participates in the oversight of State officers by considering and determining any resolution to remove t…

Senator for Nairobi City County, proceed.

Mr. Speaker, Sir, now that we are discussing the question of specific substantive Motions; if you look at Standing Order No.101 (4) , it requires that we do not impute improper motive on any other Senator. I want to know whether this Standing Order includes the Chair when it speaks of “no Senator”. Yesterday, there was an imputation from the Chair that some of us come here to collect TikTok video…

Hon. Senator for Nairobi City County, you are out of order. If you read Standing Order No.101, you cannot discuss the conduct of the Speaker in the manner you are doing. Go back to Standing Order No.101 and appreciate its contents. For as far as this point of order raised by the Senator for Nandi County, I will look at the HANSARD and give a substantive guidance on that particular matter. Let mov…

[(Sen. Sifuna spoke off record)]

Thank you, Mr. Speaker, Sir. Senator for Nairobi City County, thank you.

[(Sen. Sifuna spoke off record)]

Proceed.

Just for clarification, I have heard your statement and as you protect those people who are not in this House, kindly also protect us, the Senators in this House. The minute you bring a Statement such as the one I did, just know that I did not start it. The person mentioned is the one who had started it. Therefore, I had to clarify to the people of Kenya everywhere in the streets that I am not si…

I had to come and really make a clarification, so that Her Excellency Susan Kihika does not again go on live television and start claiming that her Senator is sick. She is wishing me death by claiming that I am three minutes from the grave, just because I am doing my job diligently. She is feeling the pinch of the oversight role I play in Nakuru County. I can never start anything and mention her …

Senator for Nakuru, I can assure you that balance will be guiding on the applicability of Standing Order No.101. Yes, Nominated Senator Veronica, certainly it is not a point of order.

Mr. Speaker, Sir, is it in order for the Senator for Nakuru to almost put a censure on the direction you have read in the Communication you have given to the House?

Sen. Veronica, I have already guided the Hon. Senator.

It is very wrong for her to continue while she knows she actually went on the same televisions and spoke on the personal issues of the Governor of Nakuru County.

Sen. Veronica, let us not generate this into an argument. Have your seat, Sen. Veronica. Senator for Nakuru, I have given you a lot of latitude to ventilate your matter. I advise you because what I picked from your lengthy intervention is; as we seek to protect, we are not really protecting, but this is what you said - those who are not in the House, we should also not lose sight on protecting th…

[(Sen. Sifuna spoke off record)]

Hon. Senators, a ruling has been made by the Chair. Kindly abide. Next Order. The Chairperson Standing Committee of Justice, Legal Affairs, and Human Rights, you may proceed to table your report.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 12th June, 2025- Report of the Standing Committee on Justice, Legal Affairs and Human Rights on the Report on Consideration of the Presidential Memorandum on the Referral of the Conflict of Interest Bill, 2023 (National Assembly Bills No.12 of 2023) .

[(Sen. Veronica Maina laid the document on the Table)]

Secretariat, can you make copies of the report that has been tabled by the Justice Legal Affairs and Human Rights Committee (JLAHRC) available to all the Senators? Next Order.

The hospital, too, vide a press release on 28th May, 2025 by the Acting Chief Executive Officer, admitted that the linear accelerator machine, has failed and was out of service. In the Statement, the Committee should address the following-

Hon. Senators, allow the hon. Senator to be heard in silence, please.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transport and Housing on a matter of national concern regarding the implementation status of Bus Rapid Transit (BRT) system in Nairobi and other urban areas. The BRT project was envisioned as a transformative urban mobility initiative aimed at decongesting the city, reducing car…

(Sen. Nyamu and Sen. Tabitha Keroche consulted loudly)

Order, Hon. Senators. Sen. Karen Nyamu and the Senator for Nakuru County, there is a difference between the Chamber and the Senators' Lounge.

Thank you, Mr. Speaker, for the clarification. In the Statement, the Committee should address the following-

Mr. 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 a matter of national concern, namely, the safety of potatoes grown in Nyandarua County. Nyandarua County is a leading potato producer and plays a critical role in enhancing national food security and supporting rural livelihoods. However, a re…

damaging consumer confidence, eroding market demand and inflicting severe economic hardship to farmers who depend on this crop. In the Statement, the Committee should address the following concerns-

Next Statement.

Mr. Speaker, Sir, I am reading this Statement on behalf of Sen. Onyonka. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights on a matter of national concern regarding the review of constituency boundaries. The Independent Electoral and Boundaries Commission, (IEBC) as required by Article 89 (2) and (3) of the Cons…

Thank you, Mr. Speaker, Sir. I rise under Standing Order No.53 (1) , to seek a statement from the Standing Committee on Agriculture, Livestock and Fisheries, on a matter of national concern regarding the reduction of tea prices by

companies in North Rift and other regions in the country, considering that the tea prices in other parts of the country remain at a higher and stable price. In the Statement the Committee should address the following-

Sen. Mwaruma.

Thank you, Mr. Speaker, Sir, for this opportunity. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget on a matter of countywide concern regarding discrepancies between Supplementary Budget I and Supplementary Budget II for the Financial Year 2024/2025 in Taita-Taveta County, particularly on allocations for the settlement of pending bil…

Sen. Karungo.

Thank you very much, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Land, Environment and Natural Resources on a matter of countywide concern regarding the imposition of land rates by the county government of Kiambu. Residents of Kiambu County have raised serious concerns over the manner in which land rates are currently being impo…

This is compounded by inadequate service delivery in areas such as roads maintenance, waste management and other essential county functions. Mr. Speaker, Sir, in this Statement, the Committee should address the following-

Sen. Omtatah.

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 on a matter of national concern regarding the operational status of the National Police Service Commission (NPSC) in light of the existing vacancies in its membership. Mr. Speaker, Sir, there have been more than two months since vacanc…

Thank you. The Senator for Kisumu County, Sen. Tom Ojienda.

Mr. Speaker, Sir, this is a request for a Statement as requested by Sen. (Prof.) Tom Ojienda, SC, and approved by yourself. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget on a matter of national concern namely, the role of technology in enhancing transparency and accountability in public procurement across the national and county …

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Devolution and Intergovernmental Relations on a matter of national concern regarding the conduct and professional standards of county enforcement officers. While county enforcement units are central to enforcing devolved laws, frequent complaints have emerged over the heavy-handed trea…

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing on a matter of national concern regarding the resilience of Kenya's national infrastructure to climate change. In the Statement, the Committee should address the following-

The Senate Majority Leader.

I thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.57 (1) to present the business of the week commencing Tuesday, 8th July, 2025. Hon. Senators are aware that at the rise of the House today, 12th June, 2025, the Senate will proceed on a three-week recess and regular sessions will resume on the 8th July, 2025. I know there is a likelihood that we will be called back here for a Sp…

26 Petitions are pending conclusion, 18 of which are due for reporting by various standing committees. This is quite troubling. I do not recall the last time---

[(Loud consultations)]

Order, Hon. Senators. May the Senate Majority Leader be heard in silence. Let us take our seats, Senators for Taita Taveta, Nyandarua and Mandera counties. You may proceed, Senate Majority Leader.

Thank you, Mr. Speaker, Sir. This is the first time I have seen such a high number of Petitions due for reporting. They are 18 in total, which is a high number. Therefore, I urge our chairpersons to expedite the work before them, particularly that which has statutory timelines. Part of statute established by law is when parliamentary business is considered out of timelines. It is considered an an…

I do not find conversing for too long a clean way of transacting legislative business. Let us vote. If you convince people, we proceed. If you do not convince people, you pave away to allow the next person to convince the rest of us. That is how you transact business in this House. Therefore, I do not want to stand in the way of the vote that I am proposing because I know it is the next order that…

Order, Hon. Senators. Before I allow comments on the Statements that have been sought, we will move to handle Order No.8. Clerk, you may proceed to call that Order.

[(Interruption of Statements)]

Mr. Speaker, Sir, I had moved to amend my original amendment by deleting the phrase- “County allocation is equal to baseline allocation ratio of Kshs387.425 billion plus Kshs2 billion shared equally among the identified 11 counties, plus 45 per cent population index, 35 percent equal share, plus 12 per cent poverty index and eight per cent geographical size.”

[(Loud consultations)]

Hon. Senators, these proposed amendments are very key and it is good that you get to understand what the hon. Senator is proposing in order to vote based on information that you understand. Proceed, hon. Senator.

For county equitable share below Kshs415 billion, I am proposing that the county allocation shall be equal to the baseline allocation ratio of Kshs307.25 billion. This will become the baseline for all the counties plus Kshs3 billion shared equally. If Senators can listen to this, this would benefit many counties.

[(Loud consultations)]

Hon. Senators, I thought consultations on this formula were concluded. Why not allow the hon. Senator to move the amendments, please?

Mr. Speaker, Sir, a sum of Kshs3 billion shared equally among the identified 12 counties, 45 per cent population index, 35 percent equal share, 12 per cent poverty index and eight per cent geographical size index. For county equitable share of Kshs415 billion and above, the county allocation will be calculated as follows- The baseline allocation will be Kshs387 billion for all the counties plus …

“The 12 identified counties are Elgeyo Marakwet, Embu, Isiolo, Kirinyaga, Laikipia, Lamu, Nyamira, Nyandarua, Samburu, Taita Taveta, Tharaka Nithi and Vihiga.” Mr. Speaker, Sir, the import of the amendment that I am pushing is that we should have a situation where no county loses any money using this formula, irrespective of the amount of money that is given for us to share among counties. For no…

Sen. Eddy, you have to have some respect for other leaders.

Mr. Speaker, Sir, if we get Kshs405 billion, then what will happen is that every county, including the ones that we have identified as small counties, will benefit from that allocation. I can read the mood of the House. Hon. Members want to vote on this Motion and on this amendment, I just would like to urge them to do one thing. Our call to duty is to ensure that devolution succeeds. If devoluti…

Thank you, Mr. Speaker, Sir. As I second this Motion, I will make a statement in support of the secondment. The House stands for protection of devolution. The devolved family comprises of 47 counties. The 47 counties have to function properly with some aspect of development as well as recurrent expenditure management. Our extensive consultation to avoid what happened in the Third Senate, where th…

given Kshs3 billion, equally shared among them, then the remained by shared using two hybrid formulas. Mr. Speaker, Sir, I would like to sincerely clarify because I have heard from a number of Senators contribute and make reference to the formula of the committee, as only the formula that carries the variables of population, equal share, poverty and geographical land size. The formula of the Comm…

Hon. Senators, please let us take our seats. Hon. Senators, I will now proceed to propose the Question. Hon. Senators, these are proposed amendments to the main Motion. In the main Motion, you are entitled to 20 minutes, if you take to the Floor contributing. These are proposed amendments. If we then grant 20 minutes per Senator speaking, we will not make much progress. We need to dispense with t…

[(Question proposed)]

[(Hon. Senators spoke off record)]

[(The Quorum Bell was rung)]

Order, hon. Senators. Serjeant-at-Arms, kindly draw the Bar and close the doors.

Order, Hon. Senators. Please, let us take our seats. Senator for Migori County, kindly take your seat. Now, Hon. Senators, the result of the division is as follows.

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

Serjeant-at-Arms, you may undraw the bar and open the doors. Hon. Senators, the effect of this vote is that the original Motion has been amended. Therefore, I will propose the question on the Motion as amended. Hon. Senators, please take your seats. Now, Hon. Senators, having proposed the question, the Floor is open for debate. If you allow, I will call the Mover to reply. We cannot put the que…

[(The Bars were undrawn and doors opened)]

[(Several Senators stood at their place)]

[(Question of the Motion as amended proposed)]

Thank you, Mr. Speaker, Sir, for this opportunity. I move to reply. We have built consensus on this issue through various proposed amendments, a lot of discussions and several engagements with various Senators. We have also moved an amendment Motion that has been voted on. I believe that the Hon. Senators’ contributions have been taken into account during the entire process. As such, I beg to repl…

Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Serjeant-at-Arms, kindly, close the doors and draw the bar Hon. Senators, we are now going into Division on the Motion as amended. Therefore, I will proceed to put the Question. Now, hon. Senators, you may log in and proceed to vote.

[(The Quorum Bell was rung)]

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

[(Hon. Senators proceeded to vote)]

Hon. Senators, the results for this Division are as follows-

(The Bill was read a Second Time and committed to a Committee of the Whole tomorrow)

Serjeant-at-Arms, you may now open the doors and withdraw the bar. (The Bars were undrawn and doors opened Hon. Senators, we will go back to comments on the statements that had been sought by Hon. Senators. Sen. Omogeni, we are now in comments on the statements that had been sought.

[(Resumption of Statements)]

Yes, Mr. Speaker, Sir. I want to comment on the Statement that was brought ---

[(Hon. Senators consulted loudly)]

Madam Temporary Speaker, pursuant to Standing Order No.31 (3) , the Senate do adjourn until Tuesday, 8th July,

[(Loud consultations)]

Can the Majority Leader be heard in silence, Sen. Eddy? Majority Leader will be heard in silence. The attitude this afternoon is all wrong. You got a chance, you walked out; you come in and you are just grumbling with the other Senators. That is not correct. Let the Majority Leader be heard in silence. Proceed, Majority Leader.

This is a fairly straightforward matter because you do understand that at the rise of this House--- I am struggling.

[(Loud consultations)]

Can the Majority Leader be heard in silence, Sen. Eddy? Majority Leader will be heard in silence. The attitude this afternoon is all wrong. You got a chance, you walked out; you come in and you are just grumbling with the other Senators. That is not correct. Let the Majority Leader be heard in silence. Proceed, Majority Leader.

It is a very brief Motion, actually. I request that colleagues take time to visit their constituents and do other parliamentary business that is before them. I am almost certain, though not fully, that actually at the rise of the House this evening, once we do this recess, there will still be an opportunity to meet before the end of this recess because this particular matter of the Division of Re…

Thank you very much, Madam Speaker. I rise to second the Motion of adjournment. This House has been very busy. Remember yesterday we even changed the programme and spent the whole day here. Members have worked very hard. It is good, as the Leader of Majority has said, that we take a break, reflect and meet our constituents. Breaks are extremely important, not only for recharging our energy, but a…

I wish all Members well during this short three-week break. Let them enjoy, return refreshed and ready to accomplish more. This recess should also serve as an opportunity to enhance our oversight role effectively. With those remarks, I second the Motion.

Thank you, Sen. (Prof.) Kamar. Senators, please, resume your seat.

[(Several Senators stood up in their places)]

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

[(Question proposed)]