Senate · Afternoon Sitting

Let us start business. I have confirmed that we have quorum.

Hon. Senators, I have a Communication to make. I would like to acknowledge the presence in the Speaker’s Gallery, this afternoon, of a visiting delegation from the County Assembly of Makueni. The delegation consists of officers from the Hansard Department who are undertaking a study visit to learn the operations of the Senate. Hon. Senators, I request each member of the delegation to stand when …

Thank you, Mr. Deputy Speaker, Sir. I take this opportunity to welcome the delegation from Makueni County Assembly. They are specifically here to learn how to keep good records of the House proceedings. I believe they will be here today and tomorrow. I invite them. As they follow proceedings, they will also see how we conduct business. When they go back to the county assembly, they will make an i…

Let me give one or two Members. Proceed, Sen. Kavindu Muthama.

Thank you, Mr. Deputy Speaker, Sir. I take this opportunity to join you and Sen. Maanzo in welcoming the team from Makueni County Assembly. They are in the right place to learn whatever they want to learn in this Senate. For the two days you will be here, I am sure you will take something back home that will be of benefit to the county and the rest of the counties in Ukambani. Thank you and welco…

Thank you, Mr. Deputy Speaker, Sir. I join my colleagues in welcoming the members of staff from Makueni County Assembly. As I welcome them, I would also like to encourage them to work diligently for their county. I resigned from being a member of staff for the Nyandarua County Assembly and because I worked so diligently, I am now a Senator. The sky is not the limit for you. You will be Senators a…

Thank you, Mr. Deputy Speaker, Sir. Allow me join Sen. Maanzo in welcoming the staff from his county assembly. You are welcome to this House. I have also been a Member of the County Assembly and a deputy speaker for Bomet County. I know that the Hansard team is a very strong team in terms of keeping the records for future reference. Coming to this House will make you improve on a number of things…

Thank you, Mr. Deputy Speaker, Sir. May I join you and the Senator for Makueni in welcoming the members of staff from Makueni County Assembly who are on a study visit to the Senate.

Makueni County is very special to us. They gave an extremely brilliant Senator last time, Sen. Mutula Kilonzo Jr., who is now the Governor for Makueni. I hope the members of staff from Makueni County will extend support and cooperation to the Governor of Makueni to transform the county. I assure them, on behalf of Sen. Maanzo who may not speak for himself, you have also replaced the Senator Mutul…

Next Order.

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following papers on the Table of the Senate today, Thursday, 13th October, 2022- Report of the Auditor General on the Financial Statements of Machakos County Executive Committee and Chief Officers’ Car Loan & Mortgage Scheme for the year ended 30th June, 2021. Report of the Auditor General on the Financial Statements of Machakos County Bursary…

Report of the Auditor General on the Financial Statements of Naromoru Water & Sanitation Company Ltd for the year ended 30th June, 2021. Report of the Auditor General on the Financial Statements of Laikipia County Executive Members Car Loan & Mortgage Scheme Fund for the year ended 30th June,

Next Order.

Thank you, Mr Deputy Speaker, Sir. I beg to give Notice of the following Motion- THAT AWARE that, many urban areas and towns in Kenya lack designated car parking areas as a result of imbalance between parking supply and demand mainly due to ineffective land use planning and miscalculations of space requirements, thereby leading to exorbitant parking fees; NOTING that, most essential services offer…

are offered in urban centers, and other designated areas that charge parking fees to access; ACKNOWLEDGING, that whether they are delivered by public or private providers, essential services such as health, banking, education, shopping and other utilities are considered to be public services because they are public goods that sustain the well-being of every citizen and help in the development of t…

Sen. Kibwana, please, proceed.

Thank you, Mr. Deputy Speaker, Sir. I beg to give notice of the following Motion- THAT, aware that according to the World Health Organization (WHO) , globally 10 per cent of pregnant women and 13 per cent of women who have just given birth experience a mental condition, referred to as perinatal depression, which is higher in developing countries with 15.6 per cent during pregnancy, and 19.8 per c…

period which should include the integration of mental health in perinatal care as recommended by the National Mental Health Taskforce in its “Mental Health and Wellbeing towards Happiness and National Prosperity” report. NOW THEREFORE, the Senate urges the Ministry of Health in collaboration with the CoG, to-

Thank you. Next Order.

Accord them the certain benefits such as diplomatic passports and ensure that the renumeration, stipends, awards and rewards are well structured to enable them grow and remain motivated at all times. On behalf of the great people of Nandi County, known as the Source of Champions, where all the three hail from, and on behalf of the people of the Republic of Kenya, I congratulate and wish them well…

Accord them the certain benefits such as diplomatic passports and ensure that the renumeration, stipends, awards and rewards are well structured to enable them grow and remain motivated at all times. On behalf of the great people of Nandi County, known as the Source of Champions, where all the three hail from, and on behalf of the people of the Republic of Kenya, I congratulate and wish them well…

We have several other statements. The next one is from the Senator for Machakos County, Sen. Kavindu Muthama.

On a point of order, Mr. Deputy Speaker, Sir.

[(Applause)]

Initially, Sen. Cherarkey thought you are trying to discredit his Statement. He was a bit in panic mode. It is a very important Statement because our athletes and any other personalities who represent Kenya should all be recognized. Sen. Cherarkey, since it was just a general statement, I suggest you reinvent it again and send it to the Committee of Labor and Social Welfare so that --- No, wait …

[(Sen. Cherarkey spoke off record)]

[(Applause)]

Initially, Sen. Cherarkey thought you are trying to discredit his Statement. He was a bit in panic mode. It is a very important Statement because our athletes and any other personalities who represent Kenya should all be recognized. Sen. Cherarkey, since it was just a general statement, I suggest you reinvent it again and send it to the Committee of Labor and Social Welfare so that --- No, wait …

[(Sen. Cherarkey spoke off record)]

Yes,

Okay, proceed.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to read my Statement and lay it before this House. Mr. Deputy Speaker, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee of Land, Environment and Natural Resources on Declassification of Machakos County as an ASAL. In the Statement, the Committee should-

Thank you, Mr. Deputy Speaker, Sir, for allowing me to read my second Statement and request on the Human-Wildlife conflict in Masinga Constituency, Machakos County. I rise pursuant to Standing Order No.5 (3) (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding the human-wildlife conflict in Masinga Constituency, Machakos County. In the Statemen…

The Statement is committed to the Committee on Land, Environment and Natural Resources. Let us now have Sen. Wambua.

Thank you, Mr. Deputy Speaker, Sir. This is a request for a Statement on the plight of Kenyan migrant workers in the Kingdom of Saudi Arabia and other countries in the Middle East. Mr. Deputy Speaker, Sir, I rise---

[(An hon. Member consulted the Chair)]

Thank you, Mr. Deputy Speaker, Sir. This is a request for a Statement on the plight of Kenyan migrant workers in the Kingdom of Saudi Arabia and other countries in the Middle East. Mr. Deputy Speaker, Sir, I rise---

[(An hon. Member consulted the Chair)]

Please, proceed.

[(Loud consultations)]

Mr. Deputy Speaker, Sir, as has been the tradition in this House, one or two Members are given the opportunity to ride on a Statement given by a Member. The Senator for Kitui County has brought a very important Statement. It is instructive to note that this House carried out a very serious investigation on this same matter in the last Parliament. The then Chairperson of the Committee on Labour an…

[(Loud consultations)]

The questions we should ask ourselves are; what is the role of our embassy there in terms of tracking all citizens and what is the role of the agencies that we send. Lastly, what will be the role of the Senate Committee that will be seized of this matter? It should not be a one-off thing. Mr. Deputy Speaker, Sir, even as we were discussing about the abuse of Kenyans in Saudi Arabia, on the same d…

The questions we should ask ourselves are; what is the role of our embassy there in terms of tracking all citizens and what is the role of the agencies that we send. Lastly, what will be the role of the Senate Committee that will be seized of this matter? It should not be a one-off thing. Mr. Deputy Speaker, Sir, even as we were discussing about the abuse of Kenyans in Saudi Arabia, on the same d…

Sen. Mungatana, MGH, do you want to comment on this Statement?

[(Sen. Mungatana spoke off record)]

[(Loud consultations)]

Mr. Deputy Speaker, Sir, I had pressed it but it was not working. Mr. Deputy Speaker, Sir, I rise under Standing Order No.53, which allows us to make general comments on a Statement sought by a Senator. It is sad that you did not see us when we tried to catch your eye.

[(Loud consultations)]

Perhaps, time has come for us to integrate our passports, so that when a person arrives in a country, our embassies are directly informed. When your passport is stamped and the details are captured electronically, the embassy in the receiving country should also get those details. That is the only way we will ensure our citizens are protected. This is because the method of appealing to people to g…

If I give you a chance to comment, kindly just use one minute because today we have a lot of business to transact. The last one is the Senator for Kisii County. Proceed, Sen. Onyonka.

Mr. Deputy Speaker, Sir, let me, first of all, congratulate Sen. Wambua for raising this issue. I hope the relevant Committee will be seized of this serious matter. At one time, I served as the Deputy Minister for Foreign Affairs. The problem with immigrant workers traveling out of the country is that, first, our country has actually never signed binding bilateral agreements with other countries …

Point of order!

Just a moment Sen. Onyonka. Sen. Kinyua, what is your point of order?

Mr. Deputy Speaker, Sir, I just wanted to seek clarification from Sen. Onyonka. I heard him say that he was a Deputy Minister and I was confused. I do not know whether he was a Deputy Minister in this or another country.

Sen. Onyonka, were you a Deputy Minister?

The Statement is committed to the Committee on Labour and Social Welfare. Let us have the last Statement by Sen. Wambua.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the reintroduction of the school feeding programme in public primary schools, particularly those in Arid and Semi-Arid Lands (ASALs) . In the Statement, the Committee should: - 1) Explain why the school feeding programme in Arid and Semi-Arid Lands (ASAL) are…

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the reintroduction of the school feeding programme in public primary schools, particularly those in Arid and Semi-Arid Lands (ASALs) . In the Statement, the Committee should: - 1) Explain why the school feeding programme in Arid and Semi-Arid Lands (ASAL) are…

I stand under Standing Order No.58 to issue a Personal Statement on the victimization by media on my court appearance as a witness. On 9th September, 2022, I received witness summons from the investigating officer to attend court and give evidence in a criminal case No.1946/2018. The accused person, one Abdulahi Tamba Kuro, a Chadian national, was charged with four crimes of defrauding

four Kenyans of various amounts of money using different fraudulent schemes and I was one of the victims of those activities. On the Friday, 7th October, 2022, in obedience of the court summons, I attended court, the Criminal Court No.11, to give evidence so as to secure a conviction of the accused person. I gave evidence of how more than 10 years ago, I was lured into an alleged oil investment s…

four Kenyans of various amounts of money using different fraudulent schemes and I was one of the victims of those activities. On the Friday, 7th October, 2022, in obedience of the court summons, I attended court, the Criminal Court No.11, to give evidence so as to secure a conviction of the accused person. I gave evidence of how more than 10 years ago, I was lured into an alleged oil investment s…

(Inaudible)

Mr. Deputy Speaker, Sir, can I be protected?

Proceed, Sen. Mungatana.

Sen. Cherarkey, do not intervene!

No, do not listen to Sen. Cherarkey.

Mr. Deputy Speaker, Sir, when I went to court, I gave evidence of how more than 10 years ago, I was lured into an alleged oil investment scheme in which two rounds of investment were paid within six months, of two separate investments, but the accused disappeared with my money on the third round of the investment. Some part of the media failed, neglected and/or rejected to report these very simpl…

Sen. Mungatana, kindly read your statement as it is.

I appeal to Kenyans who are victims to crime not to be intimidated or be afraid to co-operate with the criminal justice system. We must co-operate with the system to keep the criminals in jails where they belong. Thank you, Mr. Deputy Speaker, Sir.

I appeal to Kenyans who are victims to crime not to be intimidated or be afraid to co-operate with the criminal justice system. We must co-operate with the system to keep the criminals in jails where they belong. Thank you, Mr. Deputy Speaker, Sir.

The last Statement is by the Senate Deputy Majority Leader.

After the First Reading of a Bill, the Bill is committed to the relevant Standing Committees which conduct public participation and tables a Report in the Senate, which in turn guides debate on the Bill. Additionally, Senators may present Statements pursuant to Standing Orders Nos.52 and 53, to address issues affecting or concerning counties or regarding Government policies, actions or inactions.…

After the First Reading of a Bill, the Bill is committed to the relevant Standing Committees which conduct public participation and tables a Report in the Senate, which in turn guides debate on the Bill. Additionally, Senators may present Statements pursuant to Standing Orders Nos.52 and 53, to address issues affecting or concerning counties or regarding Government policies, actions or inactions.…

Hon. Senators, there is an issue that Sen. Osotsi was to substantiate today. I have consulted both sides of the House because of various reasons, I have allotted Tuesday next week 2.30p.m. as the appropriate time to debate the issue. Next Order.

On a point of order, Mr. Deputy Speaker, Sir.

Sen. Ali Roba, what is out of order? I can see you are trying to catch my eye.

Thank you, Mr. Deputy Speaker, Sir. I rise on a point of order pursuant to Standing Order No. 37 to seek leave of the House to adjourn to discuss a matter of national importance namely, the drought situation in the country, at an appropriate time this afternoon as determined by the Chair. I request Sen. Mandago to second. Consulted the Clerk-at-the Table)

[(The Deputy Speaker (Sen. Kathuri)]

The procedure is not to second. You need support of a minimum of five Senators. Hon. Senators, I confirm that there is requisite threshold. I direct that the Senate will stand adjourned at 5.30p.m., to discuss the said Motion. Next Order.

[(Several Senators stood up in their places)]

Senate Majority Leader, proceed.

On a point of order, Mr. Deputy Speaker, Sir.

Sen. Omogeni, what is your point of order?

Mr. Deputy Speaker, Sir, I rise on a point of order pursuant to Standing Order No.20. I have perused the Supplementary Order Paper, more so the Motion that is on Order No. 8 on the names that appear for Senators supposed to join the Speaker’s Panel. Before that Motion is moved, I am raising an issue on the drafting of the Motion. According to Standing Order No.20, the drafting requires that the …

It is numbered.

[(Sen. Cheruiyot Spoke off record)]

The Standing Orders of the National Assembly, more so Standing Order No. 16, is worded in the same language. The Motion that was passed in the National Assembly has clear designation as to who is the First, Second, Third and Fourth panelist. This is important because anytime the Speaker or the Deputy Speaker is away, we should know the Speaker who takes charge as the first ranking panelist.

The Standing Orders of the National Assembly, more so Standing Order No. 16, is worded in the same language. The Motion that was passed in the National Assembly has clear designation as to who is the First, Second, Third and Fourth panelist. This is important because anytime the Speaker or the Deputy Speaker is away, we should know the Speaker who takes charge as the first ranking panelist.

On a point of order, Mr. Deputy Speaker, Sir.

Sen. Wambua, what is out of order?

My point of order is simple. What Sen. Omogeni is saying is in order. However, can he raise a point of order on a Motion that has not been moved? Are we not anticipating debate because the Motion has not been moved?

Sen. Wambua, you are right. I wanted to ask Sen. Omogeni to wait for the Senate Majority Leader to move the Motion and then we can enter to the debate on the Motion, not the drafting. Proceed, Sen. Olekina.

[(Loud Consultations)]

I will allow the Senate Majority Leader to move this Motion so that we can enter into the debate.

[(Loud Consultations)]

I will allow the Senate Majority Leader to move this Motion so that we can enter into the debate.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order 20 to move - THAT, the Senate approves the nomination of the following Senators to serve in the Speaker’s Panel and to further preside over the Senate in the absence of the Speaker and the Deputy Speaker, pursuant to Article 107 (1) (c) of the Constitution and Standing Order 18 of the Senate-

The Senate Minority Leader (Sen. Madzayo):

Hon. Senators. I can see that several Senators have an interest to contribute to this. There are also several interventions. I want to follow the requests as they are. Proceed, Sen. Maanzo.

[(Loud Consultations)]

Senate Minority Leader, you are out of order.

Hon. Senators. I can see that several Senators have an interest to contribute to this. There are also several interventions. I want to follow the requests as they are. Proceed, Sen. Maanzo.

[(Loud Consultations)]

Thank you, Mr. Deputy Speaker, Sir, I will be very brief. The Speaker’s Panel is very important. Today, we have just established a new tradition on how to number this. The National Assembly numbers it differently. I support.

Thank you, Sen. Maanzo. Sen. Cheptumo, you have the Floor although I do not see you on this list. Are you coming through the back door?

No, Mr. Deputy Speaker, Sir. I am on the list. My microphone is on.

Okay, proceed.

Mr. Deputy Speaker, Sir, I rise to support this Motion. The four are respected Members of this House. Having served in the National Assembly for three terms, I understand their responsibility is very important. I think they have the capacity and what it takes to serve in the Speaker’s Panel. I support.

Thank you. I can see there is no more interest in this. May I call upon the Mover to reply.

Okay, proceed.

Mr. Deputy Speaker, Sir, I rise to support this Motion. The four are respected Members of this House. Having served in the National Assembly for three terms, I understand their responsibility is very important. I think they have the capacity and what it takes to serve in the Speaker’s Panel. I support.

Thank you. I can see there is no more interest in this. May I call upon the Mover to reply.

Thank you, Mr. Deputy Speaker, Sir. I thank my colleagues for accepting the nomination of these four Senators to serve with the substantive Speaker and you in leading this House.

[(Question put and agreed to)]

Next Order.

Yes, Senate Majority Leader.

Mr. Deputy Speaker, Sir, I beg to move- THAT, pursuant to Standing Orders No.191 (2) (d) and 199, the Senate approves the following Senators nominated by the Senate Business Committee, to serve in the Procedure and Rules Committee, in addition to Senators specified in Standing Order 191 (2) (a) , (b) and (c) -

Senate Minotity Leader, proceed.

Mr. Deputy Speaker, Sir, as you know, a serious drought is currently ravaging the country. Sen. Wambua, Sen. Olekina and many other Senators here are interested to speak on that matter. So, when you see me want to move Business, I want us to conclude by 5.00 p.m. or 5:30 p.m. as you had approved. Mr. Deputy Speaker, Sir, I beg to move: THAT, Pursuant to section 15 (1) (b) (ii) , of the Parliament…

Proceed, Senate Minority Leader.

Next Order.

Senate Majority Leader, proceed.

Mr. Deputy Speaker, Sir, I beg to move- THAT, pursuant to Standing Order Nos.199 and 228, and the Fourth Schedule to the Standing Orders, the Senate approves the following Senators nominated by the Senate Business Committee to serve in Standing Committees of the Senate as follows–

Mr. Deputy Speaker, Sir, I would like to second this Motion in the sense that the six persons named herein, who will be sitting in the Powers and Privileges Committee, are capable of handling this docket. In my humble view, all of them were selected after consideration by both sides of the divide. It is in this regard that our side nominated two and the other side nominated four and I believe tha…

[(Question proposed)]

E. Finance and Budget

Mr. Deputy Speaker, Sir, I beg to move- THAT, pursuant to Standing Order Nos.199 and 228, and the Fourth Schedule to the Standing Orders, the Senate approves the following Senators nominated by the Senate Business Committee to serve in Standing Committees of the Senate as follows–

Who is seconding you?