Senate · Afternoon Sitting

Thursday, 13 April 2023

Session Summary

Senator Cheruiyot highlighted procedural matters, urging committees to expedite petitions and statements and reminding Senators of the new question‑filing timelines. He moved for the second reading of the Division of Revenue Bill, outlining its constitutional basis for equitable revenue sharing, and emphasized the importance of upcoming security and financial‑integrity training. The Speaker deferred certain statements to allow compliance with standing‑order timelines. Senators Osotsi and Kathuri criticised the limited resources and weak oversight capacity of the Senate, arguing that this hampers effective devolution. They called for stronger funding, timely release of county allocations, and the empowerment of the Controller of Budget, Auditor‑General and EACC, including establishing OAG offices in every county. Additional concerns were raised about the mismanagement of the Equalisation Fund and the inadequate delivery of library and ICT services at the county level. Senators debated the proposed revenue allocation and public debt management, warning against fiscal missteps that could lead Kenya toward bankruptcy and urging transparent, fact‑based budgeting. The discussion also highlighted shortcomings in agricultural support, health‑sector equipment delivery, and the need for devolution to improve service delivery, reflecting both constructive proposals and criticism of current policies.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-At-Arms, kindly ring the Quorum Bell for ten minutes. Clerk, do we have quorum now? Hon. Senators, kindly take your seats. It has now been established that we have the requisite quorum. Clerk, kindly proceed to call the first Order. Next Order.

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

[(The Quorum Bell was rung)]

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Sen. (Dr.) Lelengwe Ltumbesi

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, 13th April, 2023: Report of the Auditor-General on the irregular payment of conference facility and Daily Subsistence Allowances (DSA) in Homa Bay County Assembly. Report of the Auditor-General on the financial statement of the Laikipia County Executive State and Public Officers Car Loan and Mortgage Scheme for…

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Sen. (Dr.) Lelengwe Ltumbesi

Report of the Auditor-General on the financial statement of the Laikipia County Revenue Board for the year ended 30th June, 2022. Report of the Auditor-General on the financial statement of the Laikipia County Emergency Fund for the year ended 30th, June, 2022. Report of the Auditor-General on the financial statement of the Laikipia County Enterprise Fund for the year ended` 30th June, 2022. Re…

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The Speaker (Hon. Kingi)

The Chairperson, Standing Committee on Information Communication and Technology (ICT) , you have a Paper to lay. You can proceed to take the Floor.

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Sen. Chesang

Thank you, Mr. Speaker, Sir. I assure the House that I will be very brief. If it was my wish, I would have just sent a link or a Quick Response (QR) code for the Members. However, I know some people like my friend, Sen. (Dr.) Khalwale, will have problems reading.

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Sen. Chesang, if you are making your Statement under Standing Order No.56, we will get there.

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Sen. Chesang

Pardon, Mr. Speaker, Sir?

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The Speaker (Hon. Kingi)

I thought you had a Paper to lay according to the business.

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Sen. Chesang

No, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

If you are making a Statement as the Chairperson of a Standing Committee under Standing Order No.56, we are yet to get there.

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Sen. Chesang

Okay, Mr. Speaker, Sir. Thank you.

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The Speaker (Hon. Kingi)

So, you may now proceed to lay the Paper; not to make a Statement.

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Sen. Chesang

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today 13th April, 2023: Report of the Standing Committee on Information, Communication and Technology on its consideration of the County Printer Bill (Senate Bills No. 10 of 2022) .

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

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The Speaker (Hon. Kingi)

Next Order. Hon. Senators, kindly take your seats.

[(Several Senators stood at the Bar)]

[(Hon. Senators entered the Chamber)]

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The Speaker (Hon. Kingi)

Hon. Senators, I need to make a Communication.

[(Loud consultations)]

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The Speaker (Hon. Kingi)

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of Sen. Tony Nkosikhona Sibandze from the Parliament of the Kingdom of Eswatini. Sen. Tony Nkosikhona Sibandze is the Chairperson of the Finance Portfolio Committee and the Chairperson of Eswatini’s Disciplinary Tribunal on Contraventions by Parastatals under the Public Enterprise Unit.

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The Speaker (Hon. Kingi)

He is also a Member of the Pan African Parliament (PAP) and a Rapporteur of the Committee on Monetary and Financial Affairs. He is in the Senate as a guest of the Senator for Tana River County, Sen. Danson Mungatana, MP. The Senator is making a second visit to Kenya as the head of delegation to the African Parliamentary Network on Internet Governance (APNIG), which has over 25 countries in the co…

[(Applause)]

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Sen. Mungatana, MGH

Thank you, Mr. Speaker, Sir. I wish to join you in welcoming a fellow Senator, very highly respected man in the Kingdom of Eswatini to this Chamber and to this country. Mr. Speaker, Sir, theirs is a kingdom and their protocols are very stiff. However, he is a man of great standing in their country and he is highly respected. In fact, during the opening of their Parliament whenever the King and th…

[(Sen. Cherarkey and Sen. Tabitha Keroche consulted loudly)]

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The Speaker (Hon. Kingi)

Sen. Cherargei and Sen. Tabitha Keroche, this is the second time you are out of order. The third time, you know exactly what will befall you. Kindly take note.

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The Speaker (Hon. Kingi)

Hon. Senators, I have another communication to make. In the Public Gallery, we have 34 students, accompanied by two teachers from Acacia Academy in Kitengela, Kajiado County, who are in the Senate on an educational tour.

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The Speaker (Hon. Kingi)

Hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, wish them a fruitful visit. I will call upon the Senator for Kajiado County to make very brief welcoming remarks.

[(Applause)]

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Sen. Seki

Thank you, Mr. Speaker, Sir. I wish to join you in welcoming the students from Acacia Academy in Kitengela. As you are aware, you are in the Senate where I serve as a Senator for Kajiado County. My colleague, Sen. Tobiko, happens to be a Member of Parliament (MP) in the previous Parliament is also a nominated Senator in this 13th Parliament. I welcome you to the Senate to learn more about this Ho…

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The Speaker (Hon. Kingi)

Let us move to Statements pursuant to Standing Order No. 53 (1) . Sen. Wambua, proceed.

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Sen. (Prof.) Tom Ojienda, SC

Mr. Speaker, Sir, this afternoon, I have three Statements on different issues. I will start with the first Statement.

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The Speaker (Hon. Kingi)

Next Statement by Sen. Cherarkey.

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Sen. Cherarkey

Mr. Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare on the mismanagement, irregular procurement and misuse of funds at the Sports, Arts and Social Development Fund (SASDEF) . In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Mungatana, you may have the Floor.

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Sen. Mungatana, MGH

Thank you, Mr. Speaker, Sir. You will notice that in this afternoon Session, we have had two questions regarding national funds; one by the hon. Sen. Mbugua that relates to the National Fund for the Disabled of Kenya (NFDK) and now, the other one by the hon. Sen. Cherarkey relating to the SASDEF. Mr. Speaker, Sir, the problem with these centralization of funding is that it creates opportunities f…

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The Speaker (Hon. Kingi)

Hon. Senators, under that Order, we still have four Statements pursuant to Standing Order 56, Statements by Chairperson of Standing Committees. However, Pursuant to Standing Order 45 (2) , I will rearrange the sequence of our business today to straight away prosecute Order Nos. 8, 9 and 10. These are Bills that have been stuck for a while at the Division stage. We are going to prosecute those thr…

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The Speaker (Hon. Kingi)

Serjeant-at-Arms, kindly ring the Division bell for five minutes

[(Division bell was rung)]

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The Speaker (Hon. Kingi)

Serjeant-at-Arms, close the door and draw the Bar. Hon. Senators, kindly log in before I put the question. I believe we are all logged in. I will now proceed to put the question. Bill (Senate Bills No.6 of 2022) be now read a Second Time, put and the Senate proceeded to vote by County Delegations) Hon. Senators, kindly, proceed to cast your vote electronically. Hon. Senators, we will get to …

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

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

[(Question, that the Natural Resources (Benefit Sharing)]

[(Voting in progress)]

[(Voting in progress)]

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The Speaker (Hon. Kingi)

(Division) (Question, that the County Vocational Education and Training Bill (Senate Bills No.3 of 2022) be now read a Second time, put and the Senate proceeded to vote by County Delegations)

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The Speaker (Hon. Kingi)

Kindly, proceed to vote electronically. Hon. Senators, we move to the third Order. I proceed to put the question that the Bill now read a Second Time. Kindly proceed to vote.

[(Voting in progress)]

[(The Senators proceeded to vote)]

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The Speaker (Hon. Kingi)

Hon. Senators the results of the division are as follows;

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The Speaker (Hon. Kingi)

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

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The Speaker (Hon. Kingi)

Tom Ojienda, SC, Kisumu County; Sen. Wakili Sigei, Bomet County; Sen. Wakoli, Bungoma County; Sen. Wamatinga, Nyeri County and Sen. Wambua, Kitui County.

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The Speaker (Hon. Kingi)

Hon. Senators, the results of the third division are as follows;

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The Speaker (Hon. Kingi)

I now direct the Bar be undrawn and the doors opened.

[(The Bar was undrawn and the doors opened)]

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The Speaker (Hon. Kingi)

Hon. Senators, we shall now proceed to Statements pursuant to Standing Order No. 56 (1) . We have four Statements in that regard, and one Statement by the Senate Majority Leader. I now call upon the Senate Majority Leader to make his Statement. Thereafter, the four Chairpersons of the Standing Committees listed in the Order Paper should be ready to make their Statements as briefly as possible. Th…

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Sen. Cheruiyot

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No. 57 (1) , I hereby present to the Senate the business of the House for the week commencing Tuesday, 18th April 2023. Before I proceed with the Statement, allow me to take this opportunity to welcome hon. Senators back from the short recess. At a meeting of the Senate Business Committee (SBC) held on 11th April 2023, the Committee observed…

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Sen. Cheruiyot

The Committee recommended stringent measures to be taken by the Chairpersons, including strict adherence to the timelines provided for in the Standing Orders concerning Statements, Petitions, and Questions. This will ensure that there is adequate time for debate on Bills and Motions. In addition, the Committee also recommended that Movers of business who are not in the Chamber when their business…

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Sen. Cheruiyot

I am acutely aware that many of these are because they have statutory timelines that they have to observe, either Budget Policy Statement (BPS) within 14 days, and the like. Nonetheless, we celebrate the good work and effort of this Committee. With respect to Petitions, the Senate has received 12 Petitions that have been committed to respective Standing Committees pursuant to Standing Order No. 2…

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Sen. Cheruiyot

avail themselves for that training. I know there is very crucial information that will be passed to Senators on generally your well-being as a human being, as Members of Parliament (MP) and, of course, many things from our intelligence service and financial reporting center. Over the years, with no exception of course except for this term of Parliament, we have had colleagues who have run into pr…

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The Speaker (Hon. Kingi)

Hon. Senators, for the convenience of the Senate and pursuant to Standing Order No. 45 (2) , the Statements by the Chairpersons of Standing Committees that were to be made under Standing Order No. 56 (1) (b) are hereby deferred to Tuesday next week so that we can prosecute Order No.12 which has some timelines. So, Clerk, kindly call that order.

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The Speaker (Hon. Kingi)

Next Order.

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, it is now 6.30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned until Tuesday, 18th April, 2023 at 2.30 p.m. The Senate rose at 6.30 p.m.