Senate · Afternoon Sitting

Thank you, Mr. Temporary Speaker, Sir, for this privilege to welcome our children to the Senate. Children, this is the Senate. I know back in school you have been told what Parliament is. I, therefore, use this opportunity to welcome and remind you of the great county you come from. This county is not only represented in this Senate by the great Sen. Thang’wa, but it also has a history of produc…

memorable to me was the first Attorney-General of Kenya from Kiambu County, Sir Charles Njonjo. Welcome and enjoy. I am available if you want further encouragement from me. I am the Senator of Kakamega County, a doctor of medicine, a bullfighter, a footballer and an athlete. I love culture and children.

Sen. Crystal Asige, please, proceed.

Mr. Temporary Speaker, Sir, thank you for this opportunity. I welcome the group from Umoja Secondary School in Limuru. I wanted to stand up specially to say hello to this delegation, to bring to light one of the teachers in this delegation. His name is Peter Maina. He is a visually impaired teacher and has been teaching geography and history at the secondary school for three years now.

[(Applause)]

Next Order.

Proceed, Sen. (Prof.) Kamar.

Mr. Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 15th February, 2024- Report of the 66th Commonwealth Parliamentary Conference held in Accra, Ghana from 30th September to 6th October, 2023.

[(Sen. (Prof.) Kamar laid the document on the Table)]

Thank you, Mr. Temporary Speaker, Sir. I beg to give notice of the following Motion- THAT, the Senate notes the Report of the 66th Commonwealth Parliamentary Conference held in Accra, Ghana from 30th September to 6th October, 2023.

Next Order. Sorry, there is a Notice of Motion from the Chairperson of the Standing Committee on Energy. Sen. Kisang, on behalf of the Chairperson, you may also proceed to give the notice.

Thank you, Mr. Temporary Speaker, Sir. I beg to give notice of the following Motion- THAT, the Senate adopts the report of the Standing Committee on Energy on the inquiry into the high cost of electricity in the Country laid on the Table of the Senate on Wednesday, 27th September, 2023. I thank you.

[(Sen. Cherarkey stood up in his place)]

Yes, Sen. Cherarkey.

Mr. Temporary Speaker, Sir, I rise pursuant to Standing Order No.37, that the Senate to adjourn to discuss a definite matter of urgent national importance, namely, the untimely death of the current Marathon World record holder, Mr. Kevin Kiptum through a tragic road accident along Kaptagat-Eldoret Road. I request Members to stand and support.

[(Several Senators stood up in their places)]

Members, I ascertain that it has attracted massive support and the threshold has been met. I therefore, nominate 5.30 p.m.

to discuss the said Motion when the Senate will adjourn to deal with that particular Motion. Next Order.

Thank you, Mr. Temporary Speaker, Sir. I rise, pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare regarding the registration, without consent, of teachers with disabilities by the Kenya Union of Special Needs Education Teachers (KUSNET) . In the Statement, the Committee should -

Proceed, Sen. Crystal Asige.

Thank you, Mr. Temporary Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education on the concerns raised by teachers with disabilities with regards to the Disability Guide Allowance. In this Statement, the Committee should-

Hon. Senators, in the public gallery we have 47 students accompanied by four teachers from Giaki Girls Secondary School in Meru County, who are undertaking an educational visit in the Senate. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I thank you.

[(Applause)]

Thank you, Mr. Temporary Speaker, Sir. You caught me unawares there, but I will take this opportunity on behalf of my colleague, the Senator for Meru County, who is also our Deputy Speaker, to welcome all of you to the Senate. I hope that you have a fruitful visit. Get to visit both Chambers of Parliament and sit in on a few contributions from the Members of the Senate today and see what you can …

Thank you, Sen. Sifuna. Sen. Dullo, proceed.

[(Resumption of Statements)]

Thank you, Mr. Temporary Speaker, Sir. I wish you could allow me to read the three Statements together.

Mr. Temporary 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 the status of projects being undertaken by the County Government of Isiolo. In the Statement, the Committee should-

Hon. Members, we are deferring the Statement pursuant to Standing Order No. 57 (1) . It was supposedly to have been given by the Senate Majority Leader on the business of the House for the week commencing 20th February, 2024 to the next session.

[(Statement deferred)]

Clerk, call the next Order. (The Clerk-at-the-Table consulted with the Chair)

Hon. Members, we are going to rearrange the order of business for today. We will leave out order Nos. 8, 9, 10, 11, 12, 13, 14, 15, 16 and proceed with Order No. 17. Clerk, proceed to call that order.

Sen. Mumma, I believe you were on the Floor and you had a balance of 17 minutes to speak to the Bill.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity to contribute to the conversation on the Water (Amendment) Bill, 2023. In my first three minutes, I had raised the need for this House to stay true to its mandate in Article 96; being the protection of devolution. I also urged our colleagues on the Majority side to help us ensure that laws that are coming from the National Assembly and hu…

Mr. Temporary Speaker, Sir, This Water (Amendment) Bill (National Assembly Bills No.33 of 2023) is interesting. I will make a few remarks on it so that other Members can also have a chance. We prioritise Bills from the National Assembly. I hope that in future, the National Assembly will also prioritise our Bills. Most of the time we give priority to Bills from the National Assembly. We will convi…

My third point is that there is nothing unusual about this Bill because I have studied it carefully. It seeks to ensure that each and every Kenyan gets access to water. I remember we had an issue with the Murang’a Water Tunnel that was supposed to supply water for domestic and industrial use in this city. One of the biggest challenges in Nairobi City County and other major towns in this country i…

Sen. Osotsi, you know what to do for the Speaker to catch your eye. It is not about raising your hand. You have been in this House long enough to know how to raise a point of order. What is your point of order?

Mr. Temporary Speaker, Sir, is it in order for my neighbour Sen. Cherarkey to claim that LVNWWDA holds meetings in a particular language when he

knows that the Chairperson is not even a Luhya, but Teso? Is he in order to mislead this House that meetings at LVNWWDA are done in a particular language?

Sen. Osotsi, if I heard Sen. Cherarkey well, he stated that there is a possibility and they may. However, Sen. Cherarkey, could you substantiate that is exactly what you said?

Mr. Speaker, Sir, I may not be an expert in linguistics, but all Luhya languages are similar unless there is a difference of dialect. I did not mention any particular tribe. He has confirmed that he is Teso. Teso and Luhya languages are almost similar, but with different dialects. Ironically, part of LVNWWDA is in Nandi. The Human Resource (HR) is from Nandi, but when you go to the people who wor…

[(Loud Consultations)]

Mr. Temporary Speaker, Sir, I request that you protect me from Sen. Mumma. There is also the provision that the national public water shall not be transferable to a county government. This is an open explanation because if you were to discuss about Tanathi today, it covers a number of counties. Same to Lake Victoria North, Central Water Works, Lake Victoria South and even Coast Water Works. It co…

take some of the products yet we have CAK, CPU, Kenya Bureau of Standards (KBS) and Kenya Revenue Authority (KRA)? When you discuss with many businessmen, especially in Eastleigh, most of those powder milk were cleared at the Port of Mombasa. Why would you come and look for a small trader somewhere in Tala or somewhere in Machakos and come in commando style yet there are agencies that you should …

On a point of information, Mr. Temporary Speaker, Sir.

Sen. Cherarkey, Sen. Kavindu Muthama wants to inform you. Do you want to be informed?

No, I can get information at the lounge while having tea with her so that I conclude. Mr. Temporary Speaker, Sir, you know that I have a right to decline the information. I do not know why she is worked up. I will listen to her in private. She better advise me in private. As I was saying, it is good to see my Chairperson back. I saw him endorsing his party leader to run for the African Union (AU…

[(Sen. Kavindu Muthama spoke off record)]

(Interruption of debate on Bill)

Sen. Orwoba, when you are elected, either the special way or through the elections, you become a significant person in Nairobi whose words attract attention. The biggest threat was spoken to by the greatest Sen. William Fulbright in the history of the Congress of the United States. Go and read about his contribution. He said that once we get elected, we get something called the arrogance of power…

[(Applause)]

Once you have the arrogance of power, you forget--- Sen. Orwoba, once one has the arrogance of power, you forget the woman in Kisii who queued for six hours to vote for you as Senator, even when they have never seen and will never see you. Let us raise the game. Let us make good laws that will make Kenya successful. I oppose this Bill.

[(Sen. Orwoba spoke off record)]

[(Applause)]

Proceed, Sen. M. Kajwang’.

[(Loud consultations)]

Madam Temporary Speaker, just like the famous inciter of bulls, Sen. (Dr.) Khalwale, has said, I also rise to oppose these amendments.

Our job here, as a Senate, is to defend and protect devolution. The net effect of these amendments is to dilute devolution and transfer functions and powers that have been assigned to county governments to the national Government institutions. I have gone through this Amendment Bill and have got a clear conscience in opposing it. I have further received instructions from the caucus of County Exec…

[(Loud consultations)]

Order, Madam Commissioner. Sen. Miraj, could you consult in low tones, please?

Madam Temporary Speaker, the caucus members include CECM in charge of water from Bomet and he has asked us to oppose this Bill. The CECM in charge of water from Mombasa, where Sen. Miraj allegedly comes from, has asked us to oppose it. That includes the one for Kisii where Sen. Orwoba allegedly comes from. They have also asked us to oppose it.

[(Applause)]

Order, Sen. Orwoba. Continue, Sen.

Madam Temporary Speaker, I think I would have benefited from the report of the Standing Committee on this particular amendment.

On a point of order, Madam Temporary Speaker. I am rising on a statement of fact. I do not allegedly come from Kisii County. I come from Kisii County. You must apologize and withdraw. What are you trying to tell the electorate out there? Apologize and withdraw!

Sen. Orwoba, “allegedly” means he does not know.

Madam Temporary Speaker, I have no idea where she comes from. So, there is nothing for me to apologize over. If someone went to a good school, the word “alleged”---

Proceed, Sen. M. Kajwang’.

The word “alleged” is self-explanatory. Madam Temporary Speaker, allow me to go to the content of this Amendment Bill.

Order, Sen. Orwoba.

I have nothing to withdraw because I do not know where you come from.

Sen. Orwoba, I will not ask you again.

Madam Temporary Speaker, we are dealing with an important matter that we are not going to allow ourselves to be diverted by certain sideshows that have become customary in this House. The objective of this Bill has been touted as to provide for PPP arrangements and connected purposes. If you look at Clause 3 of this Amendment Bill, it confers additional powers to the NWHSA; a national Government …

[(Sen. Orwoba consulted with the Temporary Speaker)]

[(Sen. Orwoba consulted with the Clerks-at-the-Table)]

On a point of order, Madam Temporary Speaker. I rise, pursuant to Standing Order No.121 (1) (a) and (c) regarding where a Senator unnecessarily interrupts proceedings or consults in a disruptive manner. I am sitting right behind Sen. M. Kajwang’, but I am unable to follow debate because of the disruptions that Sen. Orwoba is causing. Is she unwilling to continue listening to her colleagues? We li…

Sen. Orwoba, I wish to caution you under Standing Order No.121 (2) (a) , that if you cause any further disruption on the proceedings, I shall ask you to exit the Chamber for the remainder of the day. Let us all comply.

Thank you, Madam Temporary Speaker. I was going clause by clause to demonstrate that this is an illegality. We are trying to rewrite the Fourth Schedule of the Constitution through this mischievous amendment. Clause 7 confers additional functions to the WASREB, another entity controlled by the national Government. Clause 10 of these amendments, talks about supply of bulk water in counties and int…

[(Sen. (Dr.) Murango consulted with the Temporary Speaker)]

legislation that are still stuck in the past, that still confers too much advantage, monetary advantage and patronage to the national Government. If we want to ensure that we raise water coverage in our counties, which is at a very low point, and I usually tell people in my county that it is not okay to be bathing in the lake.

Order! Sen. Montet Betty, Sen. Miraj and Sen. Korir, please.

Madam Temporary Speaker, I tell my people it is not okay to be bathing in the lake or rivers. It is not okay to be washing utensils and washing clothes in lakes and rivers. In fact, even cattle should not be drinking from lakes and rivers because they end up getting all sorts of infections, and in many cases, we have conflicts with crocodiles and hippopotamuses and all sorts of animals. An organi…

I want to dissuade the sponsor of this Bill, and I want to encourage my colleagues in this House that this Bill kills devolution and takes power from counties to the national Government. If our job under Article 96 is to defend and protect the interests of counties and their governments, then this is a Bill that we must unanimously shoot down. Madam Temporary Speaker, I reject, and I shall oppose…

[(Applause)]

Hon. Senators, I wish to request us to interrupt the debate momentarily and go back to Order No.5. We have a few important Papers to be tabled by the Majority Whip. Proceed, Majority Whip.

[(Interruption of debate on Bill)]

Hon. Senators, I have a Communication on the consideration of the Budget Policy Statement, 2024 by the Senate. As you may have noted, the Senate Majority Whip has tabled the following documents-

Thank you, Madam Temporary Speaker. I rise to make a statement on behalf of the Senate Majority Leader on the business of the Senate for the week commencing Tuesday, 20th February, 2024 pursuant to Standing Order No.57 (1) . Before I proceed with the Statement, allow me to take this opportunity to welcome hon. Senators back from the long recess. I trust that you have had time to rest and an oppor…

Question No.4 is by Sen. (Prof) Tom Ojienda Odhiambo SC, MP, to the Cabinet Secretary for Agriculture and Livestock Development on the appointment and dismissal of directors and managing directors, chief executive officers in state owned sugar companies in Kenya. Question No.5 is by Sen. James Murango, MP, to the Cabinet Secretary for Water, Sanitation and Irrigation on the water projects budgete…

Hon. Senators, I wish to invoke my powers under Standing Orders No.45 (2) on the sequence of proceedings and suspend the debate on the Water (Amendment) Bill to the next sitting where Sen. (Dr.) Murango will be the first person to speak. Let us move to address Order No.8. The Senate Majority Whip proceed.

Thank you, Madam Temporary Speaker. I rise to move Motion No.8, being the consideration of the Draft Senate Calendar for the Third Session of the 13th Parliament. THAT, pursuant to Standing Order No. 32 (1) , the Senate approves the Calendar (Regular Sessions) for the Third Session of the 13th Parliament , laid on the Table of the Senate on Wednesday, 14th February, 2024. Madam Temporary Sp…

[(February to December, 2024)]

Thank you, Madam Temporary Speaker. As you are aware, this Motion is very important for this House because we cannot effectively transact our business without having a clear calendar as to how we are going to meet, the times and the dates. That is important. Before the Constitution of Kenya 2010 was promulgated, Parliament did not have powers to decide on its calendar but this is one of the best …

Have you seconded? Sen. Osotsi, please second the Motion.

Madam Temporary Speaker, I already said it but for the record time, I second.

[(Question proposed)]

Sen. Mungatana.

Madam Temporary Speaker, I thank you---

Just a moment Senator. The people who had logged in and do not wish to speak on this should log out so that we know who wants to speak on this. Proceed, Sen. Mungatana.

I thank you, Madam Temporary Speaker, for giving me the opportunity to say a brief word on this Motion. This may seem to be a very minute or procedural Motion but it is a constitutional Motion. It celebrates the victories that were recorded from the Constitution of Kenya 2010. We must celebrate for the record and remind the nation of where we came from. In those days, Parliament was under the tot…

Sen. Kisang’.

Thank you, Madam Temporary Speaker. I also rise to support this Motion. As my colleagues have said, in the past, the then President was the one in charge of Parliament and it was a department of the Office of the President. I remember my long-time Member of Parliament (MP) , Hon. Francis Mutwol told me that they used to go to Harambee House every Thursday to collect envelopes that contained salar…

Public Investments and Special Fund Committee (CPIC), we are going to meet with the Council of Governor’s Committee on Water. I believe next week when I get an opportunity to debate on the Bill, I will have gotten what they will have told us and agreed as the Council of Governors and the committee on water. Madam Temporary Speaker, when we were dealing with the Water Service Providers (WSPs) fro…

Thank you, Madam Temporary Speaker. In this Third Session of Parliament, it is clear that Senate must clear pending business, which includes Bills. This morning we were discussing Statements submitted to the Committee on National Security and Foreign Relations and most of the Statements have not been attended to. I think they were about 15 Statements pending responses from the various Cabinet Sec…

If Cabinet Secretaries ignore summons and Senate committees keep finding the Cabinet Secretaries and governors in contempt, that will not augur well for the proceedings in this House. It is only prudent that once the penalties are enhanced to Kshs2 million, then I am sure that will get governors attending to summons from the Senate. That is important. I rest and I support the calendar tabled befor…

Where is the Mover? I just saw the Mover step out. Pursuant to Standing Order No.84 (2) , I wish to make the determination that the matter does not affect counties and put the question. Next Order. Hon. Members, it is just four minutes to 5.30 p.m. when we ruled that the adjournment Motion be moved. I wish to call upon the Mover to proceed.

[(Question put and agreed to)]