Senate · Afternoon Sitting

Thursday, 13 February 2025

Session Summary

Senator Cherarkey praised the contributions of female senators and urged greater civic education and public participation, especially regarding the Finance Bill and proposed road tolls. He highlighted widespread misinformation and procedural shortcomings in budget transparency, calling for mandatory civic education for officials and more genuine community engagement. The session also included procedural motions to defer a bill question and resume a previous debate. Senators criticised the failure of health equipment repairs and the forced payments by counties to the national government, calling the arrangements unconstitutional. They urged the Standing Committee on Health to conduct nationwide inspections, tighten budgets for non‑essential travel, and hold governors accountable for dilapidated facilities and drug shortages. The debate highlighted inadequate funding for the Social Health Authority and the need for stronger oversight of health service delivery. The Senate considered a joint report on the two-thirds gender principle and moved to adopt it. Senators raised concerns about deteriorating health services in Mombasa, the suicide of medical interns highlighting mental‑health issues, the impending dissolution of the Pyrethrum Processing Company and the poor condition of a key road in Embu County. The session combined procedural motions with pointed critiques of service delivery and governance.

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The Deputy Speaker (Sen. Kathuri)

Clerk, can you confirm whether we have quorum? Serjeant-At-Arms, kindly ring the Quorum Bell for 10 minutes. Hon. Members, I can confirm that we have quorum. Clerk, kindly read out the first Order.

[(The Quorum Bell was rung)]

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The Deputy Speaker (Sen. Kathuri)

Can you be a bit fast, Sen. Gataya Mo Fire? (Sen. Chimera consulted loudly) Sen. Chimera, you are out of order! I will kick you out of this House. You have been here for three Sessions and you should be aware of what happens in the Chamber. Hon. Senators, pursuant to Article 217(2) of the Constitution, in making its determination, the Senate is required to request and consider recommendations fro…

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Sen. (Dr.) Khalwale

Mr. Deputy Speaker, Sir, now that you have made a communication on the CRA formula for sharing revenue, I do not know whether I am allowed as a Senator with an interest in Kakamega and Kenya in general, to express my anger for only one minute. If you allow me, I am very angry. I want to express that anger so that it is on record. I have no doubt that the Committee will be on it, but we were in Na…

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The Deputy Speaker (Sen. Kathuri)

Sen. Boni, I am sure you sit in that Committee and you will have all the time now to interrogate the formula, call the stakeholders, including the CRA and anybody else, for that matter. This business is rightly placed in the Committee for interrogation by the Senators, including the Senator for Kakamega, Senator for Narok, Nairobi City, Senator for Kitui, Senator for Meru and so on and so forth. Y…

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Sen. Olekina

Mr. Deputy Speaker, Sir, what the Senate Majority Whip is trying to communicate is that we had a way forward and we discussed, so that we do not have to reinvent the wheel and vote 10 times. Before the Committee looks at this, we can decide whether the two sides can appoint other Members to work together with the Committee, so that this issue of the revenue formula is dealt with, instead of leavi…

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The Deputy Speaker (Sen. Kathuri)

Let us benefit from the wisdom of the Senator for Kitui County.

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Sen. Wambua

Mr. Deputy Speaker, Sir, I hear what my colleagues are saying. The problem here is because we had a chance to see this document before it was formally committed to the House. Therefore, that opportunity should just inform our interaction with the document when it is properly before the Senate. Since the document is before us, let the committee take hold of it. All of us are friends of that commit…

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The Deputy Speaker (Sen. Kathuri)

Thank you. I think you have given a good way forward. This Senate can only interact with any document or information through respective committees. From where I sit, I have no doubt in my mind that the Committee on Finance and Budget will guide us. If they require us to sit in a kamukunji, we are ready to do so. Let us give the opportunity to the committee to interrogate the document and report ba…

[(Sen. (Dr.) Khalwale spoke off record)]

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Sen. (Dr.) Khalwale

Report of the Auditor-General on Financial Statements of Kisumu Education Fund for the year ended 30th June, 2024. Report of the Auditor-General on Financial Statements of Kisumu County Alcoholic Drinks Control Fund for the year ended 30th June, 2024. Report of the Auditor-General on Financial Statements of Kisumu County Social Health Insurance Fund for the year ended 30th June, 2024. Report of…

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The Deputy Speaker (Sen. Kathuri)

Sen. Sigei Hillary. There is a Paper you are supposed to lay.

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Sen. Wakili Sigei

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 13th February, 2025- The Joint Report of the National Assembly Departmental Committee on Justice and Legal Affairs and the Senate Standing Committee on Justice, Legal Affairs and Human Rights on its consideration of the Report of the National Dialogue Committee (NADCO) and the Report of the Multi-Sectoral…

[(Sen. Wakili Sigei laid the document on the Table of the Senate)]

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Order, Senators. Sen. Kisang and Sen. Olekina.

[(Sen. Kisang and Sen. Olekina consulted)]

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The Deputy Speaker (Sen. Kathuri)

I want to give guidance on some of the papers that have been laid. There is this communication on the consideration of the 2025 Budget Policy Statement by the Senate.

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The Deputy Speaker (Sen. Kathuri)

Senator Wakili Sigei, please proceed.

[(Sen. Wakili Sigei consulted the Clerk-at the-Table)]

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Sen. Wakili Sigei

Thank you, Mr. Deputy Speaker, Sir. The confusion is occasioned by the fact that I had already laid the Paper on the Floor of the House. Mr. Deputy Speaker, I wish to give a Notice of the following Motion- THAT the Senate adopts the joint Report of the National Assembly Department Committee on Justice and Legal Affairs and the Senate Standing Committee on Justice, Legal Affairs and Human Rights o…

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The Deputy Speaker (Sen. Kathuri)

Thank you. Next Order.

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Sen. Faki

Asante, Bw. Naibu Spika, kwa kunipa fursa hii. Mimi nasimama kwa mujibu wa Kanuni za Kudumu Nambari 53 (1) ya Kanuni za Seneti, kuomba kauli kutoka kwa Kamati ya Afya kuhusiana na kuzorota kwa huduma za afya katika Kaunti ya Mombasa. Kaunti ya Mombasa inajivunia kuwa jiji la pili nchini na pia kuwa na bandari inayohudumia, kando na nchi yetu, nchi kadhaa za ukanda wa Afrika Mashariki ikiwemo mazi…

[(Sen. Betty Montent consulted Sen. Olekina)]

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The Deputy Speaker (Sen. Kathuri)

Sen. Faki unaomba kulindwa kutokana na Sen. Montent, nami ninashidwa nitakulinda vipi.

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Sen. Faki

Lakini Bw. Spika kuna Maasai hapa nyuma yangu.

[(Laughter)]

[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Wakili Sigei) in the Chair]]

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The Temporary Speaker (Sen. Wakili Sigei)

Thank you, Sen. Faki. Sen. Hamida Kibwana or anyone nominated by her, proceed.

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Sen. Olekina

Thank you, Mr. Temporary Speaker, Sir. I will read the Statements on behalf of Sen. Hamida Kibwana. I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Health regarding the tragic death by suicide of Francis Njuki, a medical intern at Thika Level 5 Hospital on November, 2024. This incident came just two months after the death of Dr. Desree Moraa, who until h…

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The Temporary Speaker (Sen. Wakili Sigei)

Thank you, Sen. Olekina for holding brief for Sen. Hamida. Sen. Richard Onyonka, proceed.

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Sen. Onyonka

Thank you, 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 regarding the impending dissolution of the Pyrethrum Processing Company of Kenya (PPCK) , which is located in Nakuru. The PPCK owns a significant portfolio of assets, including extensive tracts of prime land and valuable propert…

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The Temporary Speaker (Sen. Wakili Sigei)

Thank you, Sen. Onyonka. Now, finally, we call upon Sen. Alex Mundigi.

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Sen. Tabitha Keroche

It is evidently clear that we commence the Fourth Session with a heavy agenda. You recall that during the Senate Midterm Assessment and the Fourth Session Planning Retreat held on 5th and 6th February, 2025 in Naivasha, Nakuru County, we agreed on a set of priorities for this session. These are crucial in shaping the legacy of this Senate. Key among them was the prioritization and participation i…

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Sen. Tabitha Keroche

Finance Laws Amendment Bill, (Senate Bills No.39 of 2023; the County Government Election Laws Amendment Bill, (Senate Bills No.2 of 2024); the County Assembly Services (Amendment) Bill, (Senate Bills No.34 of 2023); the Street Vendors Protection of Livelihoods Bill, (Senate Bills No.41 of 2023): the Local Content Bill, (Senate Bills No.50 of 2023); the Land (Amendment) Bill, (National Assembly Bil…

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Sen. Tabitha Keroche

Finance Laws Amendment Bill, (Senate Bills No.39 of 2023; the County Government Election Laws Amendment Bill, (Senate Bills No.2 of 2024); the County Assembly Services (Amendment) Bill, (Senate Bills No.34 of 2023); the Street Vendors Protection of Livelihoods Bill, (Senate Bills No.41 of 2023): the Local Content Bill, (Senate Bills No.50 of 2023); the Land (Amendment) Bill, (National Assembly Bil…

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The Temporary Speaker (Sen. Wakili Sigei)

Clerk, next Order.

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The Temporary Speaker (Sen. Wakili Sigei)

This is a Bill by Sen. Karungo Thangw’a.

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Sen. Thangw’a

when we were in Naivasha for a retreat of the Senate, we all agreed that we should give priority to business or proposals that are of urgent need to the people of Kenya. If you look at today’s Order Paper and probably yesterday’s, you can see I have other important Bills. One of them is Equitable Development of Wards by Governors. That is a very important Bill that tells the governors that they h…

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Sen. Thangw’a

when we were in Naivasha for a retreat of the Senate, we all agreed that we should give priority to business or proposals that are of urgent need to the people of Kenya. If you look at today’s Order Paper and probably yesterday’s, you can see I have other important Bills. One of them is Equitable Development of Wards by Governors. That is a very important Bill that tells the governors that they h…

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Thang’wa, you have submitted a letter to that effect and has been processed. As a consequence, the Bill is hereby accepted as withdrawn and is, therefore, dropped from the legislative list of the House to give room for other urgent business, as you have said. Clerk, call the next Order? Hon. Members, before we rearrange the Order Paper, there is also a proposal to defer Order No.9 and 10, whi…

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Members, this is resumption of the debate that was interrupted on Wednesday, 12th February, 2025 in the Morning. As at the time, the Hon. Sen. Abdul, who was the Mover of this, was supposed to reply. I have just been corrected. Prior to that, Sen. Onyonka had 15 minutes to conclude on his contribution. We will then proceed from there.

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

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Sen. Onyonka

to Migori County and very easily go to Homa Bay County because all counties are neighbors. My suggestion is that we make sure the trees recommended to be planted in these areas are going to be sustainable. Last year, there was an issue that I brought to the floor of this House. I said it is high time that we create botanical gardens within our counties, either within our municipalities or townshi…

[[The Temporary Speaker (Sen. Wakili Sigei) left the Chair] [The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

[[The Temporary Speaker (Sen. Wakili Sigei) left the Chair] [The Temporary Speaker (Sen. Abdul Haji) in the Chair]]

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Hon. Abdul Haji has tabled here. It says

of Kisii have given a Chinese company the right to cut trees within Kisii unabated. They do neither replant nor ask anybody. You just see lorries which are picking trees and you are told that they are going to China. I believe that this Bill will stop such activity and make county governments responsible. I believe that this will make our country become a green country. I hope that we will adopt …

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Hon. Abdul Haji has tabled here. It says

of Kisii have given a Chinese company the right to cut trees within Kisii unabated. They do neither replant nor ask anybody. You just see lorries which are picking trees and you are told that they are going to China. I believe that this Bill will stop such activity and make county governments responsible. I believe that this will make our country become a green country. I hope that we will adopt …

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The Temporary Speaker (Sen. Abdul Haji)

Thank you, Sen. Onyonka. Sen, Mungatana.

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Sen. Mungatana, MGH

kaunti tukifika Mwezi wa Tatu tarehe 15 sote tunaenda kupanda miti, hili litaleta tabia mpya itakayotusaidia kutunza mazingira yetu. Hii ni tamaduni tunayotaka kuikuza kwa watoto wetu. Leo hii tukiwa tunatembea na watoto wangu niliyowazaa, nikichukua chupa ya plastiki na nijaribu kuitupa, watoto wananiambia, baba hiyo ni tabia mbaya. Kwa nini? Wamefunzwa umuhimu wa kuweka mazingira safi. Sasa hu…

[(Applause)]

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Sen. Mungatana, MGH

kaunti tukifika Mwezi wa Tatu tarehe 15 sote tunaenda kupanda miti, hili litaleta tabia mpya itakayotusaidia kutunza mazingira yetu. Hii ni tamaduni tunayotaka kuikuza kwa watoto wetu. Leo hii tukiwa tunatembea na watoto wangu niliyowazaa, nikichukua chupa ya plastiki na nijaribu kuitupa, watoto wananiambia, baba hiyo ni tabia mbaya. Kwa nini? Wamefunzwa umuhimu wa kuweka mazingira safi. Sasa hu…

[(Applause)]

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Sen. Mungatana, MGH

kuingiza msichana box. Watoto hawa wanatafuta wachumba wao kwa kusimama barabarani. Ajali zinaongezeka Lang’ata Road. Sehemu zetu za mazingira zifunguliwe ili wananchi waweze kufurahia Nairobi na Kaunti ya Tana River. Naunga mkono huu Mswada na naomba maseneta wote waunge mkono huu Mswada ili tupitishe kwamba kila mwaka tarehe 15 tusheherekee upanzi wa miti. Bw. Spika wa Muda, nashukuru sana asa…

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The Temporary Speaker (Sen. Abdul Haji)

Thank you, Senator. Sen. Ogola, proceed.

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Sen. Ogola

tree, whether it is for harvesting, normal harvesting, or dead trees, a number of trees must be planted to replace it. In my county, we had the Ruma National Park and Kodera Forest, which had a lot of trees some years back. However, if you go there today, the ground is open. This is why I want to support the afforestation and reafforestation programmes. In this country, we have national tree-pla…

[[The Temporary Speaker (Sen. Abdul Haji) left the chair] [The Temporary Speaker (Sen. Wakili Sigei) in the chair]]

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Sen. Ogola

Thank you, Sen. Ogola. Before I give the last, I believe, we still have two more Senators who are yet to contribute. I have a communication to make. This is with regards to visiting teachers and students from Birithia Girls High School in Nyeri County.

[(Interruption of debate on Bill)]

[[The Temporary Speaker (Sen. Abdul Haji) left the chair] [The Temporary Speaker (Sen. Wakili Sigei) in the chair]]

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The Temporary Speaker (Sen. Wakili Sigei)

Thank you, Sen. Ogola. Before I give the last, I believe, we still have two more Senators who are yet to contribute. I have a communication to make. This is with regards to visiting teachers and students from Birithia Girls High School in Nyeri County.

[(Interruption of debate on Bill)]

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Senators, this is a resumption of the debate that was interrupted yesterday, the 12th of February, 2025, in the afternoon sitting. By the time the House rose, the Hon. Sen. Julius Murgor had a balance of 19 minutes. He is not in the House. Those 19 minutes, therefore, are going to be forfeited in his absence. I will, therefore, proceed to call upon the Senators who are present to continue con…

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Sen. Cherarkey

Her commitment zeal and passion in how she does her legislative agenda is quite impressive. I am happy, you know, when you are nominated, you do not have an obligation. She and Sen. Ogola are some of the committed Nominated Members that every time we are in the House, they are always there from the beginning to the last. What I am impressed about Sen. Okenyuri is I normally see her in the village…

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Sen. Cherarkey

Certified Public Accountant (CPA), Cabinet Secretary John Mbadi who went to Jevanjee Gardens and tried to demystify what the Finance Bill is, and what is in there, so that we go ahead with the facts before what Donald Trump calls fake news, continues to reign among us. You know this country; we thrive on fake news. I am happy that the Cabinet Secretary in charge of the Treasury is taking the lead…

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Sen. Cherarkey

and if it is there, it is for Soda and mkate. You know Donald Trump has suspended everything under USAID. So, you know most of the NGOs used to finance civic education awareness. However, I am happy in Clause Number Nine, the county government shall ensure that there is an allocation of budget for civic education and we should brace ourselves, the USAID now is gone. I want to thank Donald Trump,…

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Sen. Cherarkey

If you remember, in 2017, some of us were serving in this house, and some of the NGOs were being accused, allegedly, of financing terrorism in the country. Some of them were being accused of funding destabilisation. You remember, even during the Gen-Z revolution, there were allegations that the George Soros Foundation was financing the revolution under the guise of civic education and awareness. …

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Sen. Cherarkey

The cost of losing our country and our society is high; ask Somalia. I was on the sidelines of the talks on the issues of DRC and the M23 crisis, and I sat with the people. Some friends from Somalia told the DRC not to follow their route. Since it is expensive to come back from where Somalia is, this has destabilised the north of Africa. We do not want Rwanda and DRC to go in that direction. We ho…

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Sen. Cherarkey

The cost of losing our country and our society is high; ask Somalia. I was on the sidelines of the talks on the issues of DRC and the M23 crisis, and I sat with the people. Some friends from Somalia told the DRC not to follow their route. Since it is expensive to come back from where Somalia is, this has destabilised the north of Africa. We do not want Rwanda and DRC to go in that direction. We ho…

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Cherarkey, as you were closing, you went overboard in your language use, contrary to the Standing Orders. Place yourself in order next time. Your comments regarding Sen. Ogola and Sen. Okenyuri show their dedication to work and their responsibility as Members of this House. I commend the two senators for that because it can only be better when Members are committed to their work. Sen. Cherar…

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Sen. Ogola

Sen. Okenyuri has often invited me to go with her to Kisii land, just to support the community. I want to tell the people of Kisii land that with Sen. Okenyuri, you will never get it wrong. However, following from where Sen. Cherarkey has left, I wanted to assure him that he does not need to be worried about people who pray negatively. Prayers are for good. Wisdom has indicated that, when you poi…

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Sen. Ogola

Sen. Okenyuri has often invited me to go with her to Kisii land, just to support the community. I want to tell the people of Kisii land that with Sen. Okenyuri, you will never get it wrong. However, following from where Sen. Cherarkey has left, I wanted to assure him that he does not need to be worried about people who pray negatively. Prayers are for good. Wisdom has indicated that, when you poi…

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The Temporary Speaker (Sen. Wakili Sigei)

Sen. Ogola, I direct that you confine your contribution to the Bill that is before the House. You are actually going outside the relevant---

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Sen. Ogola

The reason I mentioned some of these topical issues is because when we go back to our communities, we are only left with functions like funerals or you happen to meet people impromptu. Members who are nominated like me may not have the capacity to run full-time physical offices where you can meet your people if you go to the ground. It follows that wherever you meet them, whether it is in your ho…

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Sen. Ogola

It is like they are not sure of the responsibilities they are in those offices for. It is a pity, that when we go back to our counties, some leaders get sought by their electorates. They never see the leaders that represent them. We do not know whether they go back to their communities or their homes at night because during the day, they are not available because their people are always looking fo…

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Sen. Ogola

would like us to go further. We must have targets for these NGOs and non-state actors wherever they come. The Bill also goes ahead to talk about how there will be a registry of providers that will be kept. That reflects on what I am saying, that we need to know who you are and go ahead to talk about the amount you have and how much you are going to spend on that activity. It will not only be eno…

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Sen. Ogola

would like us to go further. We must have targets for these NGOs and non-state actors wherever they come. The Bill also goes ahead to talk about how there will be a registry of providers that will be kept. That reflects on what I am saying, that we need to know who you are and go ahead to talk about the amount you have and how much you are going to spend on that activity. It will not only be eno…

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The Temporary Speaker (Sen. Wakili Sigei)

Thank you, Mr. Temporary Speaker, for this opportunity again. At this point, I first want to start by appreciating Sen (Dr.) Bonnie Khalwale, the Senator for Kakamega County who seconded my Bill. I also want to appreciate Sen. Faki, the Senator for Mombasa County. I heard you well and clearly. You quite understand what we are talking about when I passionately speak about why we need to have info…

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Sen. Okenyuri

Thank you, Mr. Temporary Speaker, for this opportunity again. At this point, I first want to start by appreciating Sen (Dr.) Bonnie Khalwale, the Senator for Kakamega County who seconded my Bill. I also want to appreciate Sen. Faki, the Senator for Mombasa County. I heard you well and clearly. You quite understand what we are talking about when I passionately speak about why we need to have info…

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The Temporary Speaker (Sen. Wakili Sigei)

Thank you. Pursuant to Standing Order No.66 (3) , putting of the question is deferred to the next sitting of the House.

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The Temporary Speaker (Sen. Wakili Sigei)

Second Reading

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The Temporary Speaker (Sen. Wakili Sigei)

Hon. Members, you may now rise. There being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 18th February, 2025 at 2.30 p.m. The Senate rose at 6.25 p.m.