Senate · Afternoon Sitting

I ascertain that we have quorum. So, let us transact business. Please proceed. The Senate Minority Leader (Sen. Madzayo) : On a point of order, Mr. Deputy Speaker, Sir.

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

Where is the Communication? Where is it? Is it this letter?

[(Loud consultations)]

[(Loud consultations)]

Resume your seats.

[(Loud consultations)]

Just communicate.

[(Loud consultations)]

[(Loud Consultations)]

[(Loud consultation)]

of the Parliament Service Commission (PSC) Under Article 127(2) (d) of the Constitution. Pursuant to the said Standing Orders, I now report the message. Pursuant to the provisions of Standing Order 41(1) of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly. In accordance with the provisions of Article 127(2) (d) of the Constitution passed on W…

This is a Petition by the Speaker of Nyandarua County Assembly.

Kenya got Independence; treaties that were signed by the Britons in 1902. Those treaties state that the people of Nyandarua County and Njambini area are only supposed to take care of the water and not use it. The Kenoike Dam is also in Nyandarua County and serves to a big percentage the residents of Nakuru County. While we want to say that we are our brothers’ keepers and support other counties b…

Thank you. Next Order! Proceed, Senate Minority Whip.

Shame! Shame!

[(Loud consultations)]

Shame!

[(Loud consultations)]

Sen. Olekina, I am on the Floor and you know the rules of this House.

You are violating the Constitution by violating the Standing Orders.

[(Loud consultations)]

Sen. Olekina, you are grossly out of order. I will read to you Standing Order No.121 (1) . It states: “A Senator is disorderly if the Senator-

[(Loud consultations)]

[(Loud consultations)]

[(Loud consultations)]

Hon. Senators, Standing Order No.48 (7) states that--- “ (3) When a Message from a County Assembly ---

[(Loud consultations)]

[(Loud consultations)]

Hon. Senators, I want to reorganize the business of the day. We will skip Order No.7 to Order No.15 on the Order Paper.

Senate Minority Leader, you are also disorderly. I request you to also leave the premises. An Hon. Senator: You cannot do that.

Both the Senate Minority Leader and Sen. Olekina should leave the Chamber until tomorrow. Both of you should leave the House.

[(Loud consultations)]

[(Loud Consultations)]

of the Parliament Service Commission (PSC) Under Article 127(2) (d) of the Constitution. Pursuant to the said Standing Orders, I now report the message. Pursuant to the provisions of Standing Order 41(1) of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly. In accordance with the provisions of Article 127(2) (d) of the Constitution passed on W…

Thank you, Mr. Deputy Speaker, Sir. I congratulate the Nyandarua County Assembly; the county I represent in the Senate for this Petition they have done to the Senate. This Petition is long overdue and for the benefit of the members here today, Sasumua Dam is one that contributes about 14 or 16 per cent of all water used in Nairobi City County and managed by the Nairobi Water and Sewerage Company. …

Kenya got Independence; treaties that were signed by the Britons in 1902. Those treaties state that the people of Nyandarua County and Njambini area are only supposed to take care of the water and not use it. The Kenoike Dam is also in Nyandarua County and serves to a big percentage the residents of Nakuru County. While we want to say that we are our brothers’ keepers and support other counties b…

Thank you. Next Order! Proceed, Senate Minority Whip.

Any Member who wants to--- Sen. Cheptumo, you may proceed.

Chairperson, Committee on Finance and Budget?

Mr. Deputy Speaker, I beg to lay the following Paper on the Table of the Senate today,16th February, 2023- Report of the Standing Committee on Finance and Budget on the County Governments Additional Allocation Cash Disbursement Schedule for the Financial Year 2022/2023.

[(Sen. Ali Roba laid the document on the Table)]

Simultaneously, you can give notice of the Motion.

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

Mr. Deputy Speaker Sir, I beg to give notice of the following Motion- THAT, the Senate adopts the Report of the Standing Committee on Finance and Budget on the County Government Additional Allocation Cash Disbursement Schedule for the Financial Year 2022/23 laid on the Table of the Senate today 16th February 2023. I thank you.

Hon. Senators, I want to reorganize the business of the day. We will skip Order No.7 to Order No.15 on the Order Paper.

Thank you. Do we have any Member wishing to contribute? Sen. Tabitha Mutinda, you may have the Floor.

[(Question proposed)]

Mr. Deputy Speaker, Sir, I thank you for indulging me. Colleagues, you understand that we are living in very unique times. Therefore, when we get a little breather and some sense of sanity in the House, we want to move as fast as possible and transact as much as we can. This is one among a series of Motions that I want to move this afternoon, so that we can set the Calendar of the House and a few …

[(February to December, 2023)]

Sen. Chimera?

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

Any Member who wants to--- Sen. Cheptumo, you may proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Motion. I recognize that this House can manage its own agenda. I am reminded of those days before the Constitution, 2010 when this House could be controlled from outside. Today, we have the capacity, the legal framework to manage our calendar, the timeframe to be in the House, to be on recess, and so on. Therefore, it is good progress. We…

Sen. Wakoli Wafula, Senator for Bungoma.

Mr. Deputy Speaker, Sir, I rise to move the Motion on the approval of changes in the membership of Standing Committees. THAT, NOTWITHSTANDING, the resolutions of the Senate made on 13th October, 2022 and 15th November, 2022, on the approval of Senators to serve in Select Committees of the Senate, and pursuant to Standing Orders 199, 228, and the Fourth Schedule to the Standing Orders, the Senate …

Sen. Munyi Mundigi, you may second.

Bw. Naibu wa Spika, naunga mkono hayo yote yamesomwa hapa. Pia, ni aibu kubwa sana kwa yale yaliyotendeka siku ya leo katika Kenya kwa sababu walikuwa wanapiga kelele kama Mwenyekiti amekalia kiti. Tumeona yale waliokuwa wakisema kwa muda mrefu. Seneta alisema ile siku tutakuwa tukipitisha mambo ya Independent Electoral and Boundaries Commission (IEBC) kutakuwa ni maandamano. Kwa hivyo, wametuonye…

Sen. Munyi Mundigi, kabla uondoke, sijasikia ukisema kama unaunga mkono au la, ama umekuwa ukizungumza kuhusu mambo mengine? Umeunga mkono kweli?

Bw. Naibu Spika, nimeunga mkono kabisa.

[(Laughter)]

Thank you, Mr. Deputy Speaker, Sir. I thank my colleagues for their comments. We will be guided by the decision of this House. I plead that we pass this Motion, so that we can set the ball rolling. I know that there are many who may have wanted to speak, but I have explained to them the unique times that we are living in and the need to prosecute business when there is order as fast as we can. I…

Thank you. This matter does not concern counties. Therefore, I proceed to put the question.

I want to allow a Member who has not spoken today like Sen. Seki to say something. Please proceed.

Mr. Deputy Speaker, Sir, I rise to support this Motion. I am in support of the changes that have been made by the leadership of this House. I am looking at the changes made in the Standing Committee on Tourism, Trade and Industrialisation where I Chair. I welcome Sen. (Dr.) Lelegwe Ltumbesi and Sen. Okenyuri to my Committee. We have many assignments in our committee. It is my hope that we will f…

Last but not least, Sen. Okenyuri, please proceed.

Asante, Bw. Naibu Spika kwa fursa hii. Ningependa pia kuunga mkono Hoja hii. Nashukuru viongozi wa chama kwa kunipa nafasi ya kutumikia wananchi katika Kamati ya Ugatuzi na Mahusiano ya Kiserikali. Sisikitiki kuondolewa kutoka Kamati ya Ugatuzi na Mahusiano ya Kiserikali kwa sababu nimejifunza mengi katika muda mfupi ambapo nimekuwa mwanakamati. Ninapojiunga na Kamati ya Biashara, Viwanda na Uta…

I can see a lot of interest on this matter, but I said she is the last person. So, I will stick to my principle. I now call upon the Mover to reply.

Mr. Deputy Speaker, Sir, before I reply, I would like to say that I actually had a good time serving in the Senate Committee on Information, Communication and Technology (ICT) as the Vice Chairperson. I hope that all the things we started working on will come to fruition.

Mr. Deputy Speaker, Sir, thank you very much. I also support and take this opportunity to welcome the Senator.

Sen. Orwoba, you know you are enterprising. You can get so many things to do at any time. So, you are not short of ideas. Again, this matter does not concern county governments. Therefore, I will proceed to put the question. The Deputy Speaker (Sen. Kathuri) Next Order.

[(Question put and agreed to)]

Thank you. Having no other Senators, I call upon Sen. (Dr.) Khalwale to reply.

Mr. Deputy Speaker, Sir, I beg to reply. Thank you.

of funds that the counties engage in or have not limited to water companies, conservancies agreements and regional blocs investments that any county would have engaged in. I do believe that the Senator together with the Members of the Committee will continue looking into the mandate of the said Committee. Mr. Deputy Speaker, Sir, I ask the Members to support this Motion. so that the Member can j…

Mr. Deputy Speaker, Sir, I rise to move the Motion on the approval of changes in the membership of Standing Committees. THAT, NOTWITHSTANDING, the resolutions of the Senate made on 13th October, 2022 and 15th November, 2022, on the approval of Senators to serve in Select Committees of the Senate, and pursuant to Standing Orders 199, 228, and the Fourth Schedule to the Standing Orders, the Senate …

Sen. Munyi Mundigi, you may second.

Bw. Naibu wa Spika, naunga mkono hayo yote yamesomwa hapa. Pia, ni aibu kubwa sana kwa yale yaliyotendeka siku ya leo katika Kenya kwa sababu walikuwa wanapiga kelele kama Mwenyekiti amekalia kiti. Tumeona yale waliokuwa wakisema kwa muda mrefu. Seneta alisema ile siku tutakuwa tukipitisha mambo ya Independent Electoral and Boundaries Commission (IEBC) kutakuwa ni maandamano. Kwa hivyo, wametuonye…

Sen. Munyi Mundigi, kabla uondoke, sijasikia ukisema kama unaunga mkono au la, ama umekuwa ukizungumza kuhusu mambo mengine? Umeunga mkono kweli?

I only have three things to say. One, most of the work is done at the Committee level. Kenyans should not assume that when a Senator or a Member of the National Assembly is not speaking in the Plenary, they are not doing their job. Almost 80 per cent of the work is done at the Committee level. It also gives Members an opportunity to learn and serve in various Committees. All of us want to get exp…

[(Laughter)]

Asante. I can see that a few Senators are interested to contribute. Sen. Nyamu, please proceed.

[(Question proposed)]

Similarly, Sen. Githuku from Lamu County, fear not as you have been told. Next time you will be in a better position than where you are. Sen. Mbugua, proceed.

I also thank the leadership of the Majority Side where I belong for giving me the opportunity to serve in the Committee on Labour and Social Welfare. We had begun finding solutions and fighting for the rights and the welfare of our people in the Gulf, particularly in Saudi Arabia, where we recently made a fact-finding tour. Mr. Deputy Speaker, Sir, I urge Members of the Committee to continue figh…

[(Laughter) (Applause)]

Mr. Deputy Speaker, Sir, I know why Sen. (Dr.) Khalwale has clapped loudly. He rarely gets those kinds of accolades because he rarely does good things, but it is okay. Mr. Deputy Speaker, Sir, I support this Motion. As my colleagues have said, the movement is important for our learning. I had an opportunity to serve in the Committee that Sen. Wafula will be serving. I served in the Committee on P…

Last but not least, Sen. Okenyuri, please proceed.

Asante, Bw. Naibu Spika kwa fursa hii. Ningependa pia kuunga mkono Hoja hii. Nashukuru viongozi wa chama kwa kunipa nafasi ya kutumikia wananchi katika Kamati ya Ugatuzi na Mahusiano ya Kiserikali. Sisikitiki kuondolewa kutoka Kamati ya Ugatuzi na Mahusiano ya Kiserikali kwa sababu nimejifunza mengi katika muda mfupi ambapo nimekuwa mwanakamati. Ninapojiunga na Kamati ya Biashara, Viwanda na Uta…

I can see a lot of interest on this matter, but I said she is the last person. So, I will stick to my principle. I now call upon the Mover to reply.

Mr. Deputy Speaker, Sir, before I reply, I would like to say that I actually had a good time serving in the Senate Committee on Information, Communication and Technology (ICT) as the Vice Chairperson. I hope that all the things we started working on will come to fruition.

I would also like to thank my Chairperson for trying to push the agendas that we had. Going forward, I hope that he will not be compromised and that he will actually see that the agendas that we started are seen to fruition. Being de-whipped as a lady Vice Chairperson in this Senate is also a good thing. We can now speak about it and say we were there then de-whipped. I think that is all I have t…

Sen. Orwoba, you know you are enterprising. You can get so many things to do at any time. So, you are not short of ideas. Again, this matter does not concern county governments. Therefore, I will proceed to put the question. The Deputy Speaker (Sen. Kathuri) Next Order.

[(Question put and agreed to)]

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Education on Reversal of Delocalization of Teachers’ Policy in Embu County by the Teachers Service Commission (TSC) . In the Statement, the Committee should-

On a point of order!

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labour and Social Welfare on the status and welfare of baby Junior Sagini, whose eyes were gouged out after he was allegedly abducted by his relatives. In the Statement, the Committee should-

Hon. Members, could you, please take your seats? We now have quorum. I order for the Division Bell to stop. Sen. Cherarkey, you were on the Floor.

[(Resumption of debate on Statements)]

Mr. Temporary Speaker, Sir, nowadays life in the Senate is interesting.

Mr. Speaker, Sir, I rise to support this Statement on delocalisation of teachers. As I was saying before that episode, the issue of delocalisation was part of the basis of our campaigns. When some of us went round the country, many teachers from Bomet, Nandi, Nyandarua and all the way to Migori would ask us what we were going to do about the delocalization policy. They were crying about delocaliz…

allowances for a number of places such as Chemasia and Chemelil wards which should be enhanced. The teachers who are posted to work in slum schools especially in towns such as Nairobi and Kisumu where life is very expensive should be included in that allowance or even have it enhanced. The life and movement within those slums and most of those areas is hard. They need an enhancement of their hard…

I support and congratulate Sen. Munyi Mundigi. I wish Sen. Oketch Gicheru all the best.

Thank you, Sen. Cherarkey. You have made me remind myself of the directives made earlier on by the Speaker when he was directing the Hon. Senator, ‘bull fighter’, that you should not clap for yourself when you are given accolades. I had to restrain myself from doing the same. Thank you for your contribution. Proceed, Sen. Wakoli Wafula for one minute so that we can move to the next Order.

Thank you, Mr. Temporary Speaker, Sir. I want to add my voice on the debate on delocalization. I am a teacher by profession. We have cases where hon. Members in their constituencies thump their chests, incite locals and ensure people who have been recruited by the Teacher Service Commission (TSC) to teach in those areas, do not land. Therefore, such utterances necessitate teachers to demand or r…

[(Sen. Oketch Gicheru spoke off record)]

Hon. Members, there being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 21st February, 2023 at 2.30.p.m. The Senate rose at 5.56 p.m.

Sen. Wakoli Wafula proceed.

I beg to assume such unnecessary noise.

Sen. Oketch Gicheru, kindly allow

As we came into office in this Government, we promised teachers that they would be brought back to their families. I request the Standing Committee on Education that we must follow up on this issue so that teachers are posted back to regions they come from. We ought to ensure that people who want to be transferred to their areas of choice do not have to bribe or kneel down before someone but they …

another to Busia County and the young man to Machakos County; how do you expect this guy to do what God expects them to do? I hope the Committee on Education will reflect and highlight these areas in the entire country and give us a report so that teachers do not serve as the whip in this country. Finally, we have had a recruitment of teachers by the TSC. I thank the President and Government for…

Thank you. Hon. Senators, we shall move to the next Order. Proceed Senate Majority Leader.

Mr. Temporary Speaker Sir, Pursuant to Standing Order 57 (1) , I hereby present to the Senate the business of the House for the week commencing Tuesday, 21st February, 2023. Before I proceed with the Statement, allow me to take this opportunity to welcome honorable Senators back from the long December, 2022 Recess. I trust that you have had time to rest and have had an opportunity to interact wit…

other, start chanting and singing and bringing all kinds of picketing behavior into the House, then we will not have a Senate. This is a House of law and order. There are many times that even this current Senate, has ruled against us on the Majority Side. I did not see any of my Members block the Speaker from transacting business and doing the things that were expected of them. Therefore, I belie…

Sen. Oketch Gicheru, I would like to remind you of Standing Order No.121. You have just come in, you are yet to sit down and you are shouting while a colleague Senator is on the Floor addressing the Chair. Sen. Oketch Gicheru, relook at the provisions of Standing Order 121 (c) and (f) . Please behave. The Senate Majority Leader, please, conclude on your remarks.

Thank you, Mr. Temporary Speaker, Sir. This is exactly what I am talking about. The Standing Orders are very clear on how even a Member wants to prosecute a Standing Order behaves. You press the interjection button and wait to catch the attention of the Speaker. You do not start shouting and disorienting everyone who is contributing. Mr. Temporary Speaker, Sir, can you protect the dignity of this…

[(Sen. Oketch Gicheru spoke off record)]

Thank you very much, the Senate Majority Leader. Hon. Senators, for avoidance of doubt, earlier on, we have passed a number of Motions in the changes in Committee membership of the House. We are aware that the bulk of the business of this House is transacted in Committees. I urge Hon. Members to make sure that they participate where necessary in those Committees so that we can transact the busine…

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

Next Order. First Reading

(Order for First reading read- Read the First Time and Ordered to be referred to the relevant Senate Committee) Next Order. First Reading