Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Order, hon. Senators. Let us take our seats. We now have quorum, so we will proceed with today’s business. Clerk, proceed to call the first order.

[(The Quorum Bell was rung)]

Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to lay the following Papers on the Table of the Senate today 16th May, 2024- Report of the Auditor-General on Financial Statements of Tana Water and Sanitation Company Limited for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Mombasa Water Supply and Sanitation Company Limited for the year…

Report of the Auditor-General on Financial Statements of Murang’a Water and Sanitation Company Limited for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Kilifi Mariakani Water and Sewerage Company Limited for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Malindi Water and Sewerage Company Limited for the year e…

Chairperson Standing Committee on Finance and Budget, proceed. Sen. (Dr.) Khalwale, are you not a Member of the Committee on Finance and Budget?

Yes.

You may proceed to lay the Papers.

Thank you, Mr. Speaker, Sir. On behalf of the Chairperson of the Standing Committee on Finance and Budget of this House, I beg to lay the following Paper on the Table of the Senate, today 16th May, 2024- The Report of the Standing Committee on Finance and Budget on its consideration of the Public Finance Management (Amendment) Bill (Senate Bills No. 40 of 2023)

[(Sen. (Dr.) Khalwale laid the document on the Table)]

Next Order.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Land, Environment and Natural Resources regarding landslides in Kigumo Constituency in Murang’a County. The environmental disasters experienced across the country are not just natural occurrences, but consequences of pollution, climate change and environmental degradation, w…

Sen. Ogola, proceed.

Thank you, Mr. Speaker, Sir. This is a request on the implementation of the digital literacy programme by the Ministry of Education. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Information, Communication and Technology regarding the implementation of the digital literacy programme by the Ministry of Information, Communication and the Digital Eco…

Sen. Nyamu, proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing concerning the improvement of road infrastructure and enhancement of road safety. In the Statement, the Committee should-

Sen. Crystal Asige.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Trade, Industrialization and Tourism regarding the United States to Kenya Strategic Trade and Investment Partnership (STIP) . In the statement, the committee should-

Sen. Faki Mwinyi Haji.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Education on the current state of Shimo La Tewa High School in Mombasa County. Mr. Speaker, Sir, Shimo La Tewa High School is the only national boys’ school in Mombasa County that has natured many prominent leaders in our country, including the Speaker Emeritus Honorable Fra…

Senator Tabitha Mutinda. FINANCIAL SUPPORT TO NEEDY AND VULNERABLE STUDENTS IN INSTITUTIONS OF HIGHER LEARNING

Thank you, Mr. Speaker, Sir. I will read on behalf of Sen. Tabitha Mutinda. Mr. Speaker, Sir, I rise first to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding financial support to needy and vulnerable students enrolled in institutions of higher learning. In the statement, the committee should-

Sen. Chimera on behalf of Sen. Miraj Abdullahi. Senator Chimera, I have consulted with the Senator of Mombasa: The two statements, the statement that has just been presented by the Senator for Mombasa is the same with what you are about to present. Sen. Gloria, you are out of order. If it is not the same, you may proceed on the aspects that differ with the statement that has been requested. Proc…

[(Sen. Orwoba consulted loudly)]

Mr. Speaker, Sir, I would wish to seek your guidance before I proceed. I see this Statement was earlier on presented before Senator Mwinyihaji Faki presented his. It is fundamentally very different.

Proceed.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) , on behalf of Senator Miraj Abdullahi, to seek a Statement from the Standing Committee on Education regarding the management of Shimo La Tewa High School in Mombasa County. In the statement, the committee should-

Sen. Hamida Kibwana, your Statement under Standing Order No.52 (1) had been dropped, but having explained your absence to the satisfaction of the Chair, it is hereby reinstated and you may proceed.

Thank you, Mr. Chairman, Sir. Apologies. I was appointed by my party in the Emergency Response Committee, we were in Mavoko distributing food.

[(Sen. Cherarkey consulted Sen. Kibwana)]

Proceed, Senator Kibwana. Senator for Nandi, you may not interfere.

Mr. Speaker, my Statement is concerning the appointment of Major General Fatuma Ahmed as the first female Kenya Air Force Service Commander and Major-General.

[(Applause)]

[(Loud consultations)]

Order, hon. Senators. Let the Senator be heard in silence.

In conclusion, I call upon the august House to join me in congratulating the---

On a point of order, Mr. Speaker, Sir. Under Standing Order No.1, is it in order for the Senator to imply that KEWOSA played a role in the promotion of Major General Fatuma? There is no connection between KEWOSA and the General who is my neighbour.

Mr. Speaker, Sir, that is not true. I said KEWOSA has---

Order, Senator. Senator for Kisumu, you are totally out of order for relying on Standing Order No.1 on this aspect.

[(Laughter)]

Mr. Speaker, Sir, in conclusion, I call upon this august House to join me in congratulating Major General Fatuma Ahmed on her well-deserved appointment. Let us celebrate her accomplishments as a win, not just for her, but all Kenya women who strive for excellence and equality in every sphere of society. Her journey reminds us that barriers can be broken and dreams can be realised through hard work…

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

What is your point of order, Senator for Meru? That Statement has been approved by the Speaker.

[(Sen. Kathuri spoke off the record)]

Mr. Speaker, Sir, as much as I agree with Sen. Hamida, she seems not to want to mention the actual name of Major General Fatuma Gaiti Ahmed. Fatuma Gaiti Ahmed is a Meru lady. On several occasions, she has refused to mention Gaiti because she was born and raised in Meru. Why are you avoiding the middle name Gaiti? Gaiti is a Meru lady. Could you kindly state her name correctly? She is called Majo…

Senator for Meru, I wish you rose on a point of information. Proceed because there is nothing out of order.

Thank you for the information, Bw. Deputy Speaker. I will repeat that paragraph. Mr. Speaker, Sir, in conclusion, I call upon the august House to join me in congratulating---

On a point of order, Mr. Speaker Sir.

Sen. Boni, could we allow Sen. Hamida to conclude on her Statement? What is your point of order? Sen. Hamida, please yield.

Mr. Speaker, Sir, I am firmly aware that when you approved this Statement, as the Mover has done and as the point of order has demonstrated, you did not wish to introduce the issue of tribalism in our military. Segregation against men in our Constitution---

Order, Sen. Boni.

Mr. Speaker, Sir, in conclusion, I call upon this august House to join me in congratulating Major General Fatuma Gaiti Ahmed on her well-deserved appointment. Let us celebrate her accomplishments as a win, not just for her, but for all Kenyan women who strive for excellence and equality in every sphere of society. Her journey reminds us that barriers can be broken and dreams can be realised throug…

Proceed, Sen. Tabitha Karoche.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Finance and Budget regarding Nakuru County huge pending bills. In the Statement, the committee should-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from Standing Committee on Land, Environment, and Natural Resources regarding illegal possession of Nakuru Workers’ Housing Co- operative Society (NWHCS) Land. In the Statement, the committee should-

Sen. Kavindu, please take your seat. Senator for Machakos, you will tell those stories later. Hon. Senators, before we move to the next Order, allow me to make this communication.

[(Interruption of debate on Statements)]

Hon. Senators, I would like to acknowledge the presence in the Speaker's Gallery this afternoon, of visiting students from the University of Nairobi School of Law, Parklands Campus. The students are in the Senate for a one- day academic exposition. Now, hon. Senators, in our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them, and on behalf of the Se…

[(Loud consultations)]

Thank you, Mr. Speaker, Sir, for allowing me to welcome the delegation from the University of Nairobi, School of Law to the Senate. Ladies and gentlemen, I want to welcome you to the Senate. I am an alumnus of the University of Nairobi, like many Senators here. When you take a day to visit the Senate, it is an opportunity to learn not only about the bicameral system, but to understand the role of…

the National Assembly, so that you understand how concurrent jurisdictions over Bills are undertaken where a matter falls both before the National Assembly and eventually before the Senate. Every law student needs to appreciate the practical nature of the practical processes that Bills follow before they are enacted into law. Out there, when the law is unconstitutional, we often wait until laws a…

Sen. Mungatana, please, proceed and kindly, do not give a lecture just like what our good Professor has done.

[(Laughter)]

Thank you, Mr. Speaker, Sir. I also want to join you and Sen. (Prof.) Tom Ojienda, in welcoming the students who are here. To the students, you have a unique opportunity that we never had when we were students ourselves. I served in the student government at the university. I came out and practiced law. We served in the Law Society of Kenya (LSK) with Sen. (Prof.) Tom Ojienda. We came out and now…

Sen. Kisang’, please, proceed with your request for a Statement.

[(Resumption of debate on Statements)]

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Information, Communication, and Technology regarding the recent internet disruption in Kenya caused by submarine cable cuts and folds. In the statement, the committee should-

Sen. Mbugua, you may proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Labor and Social Welfare regarding the various programmes carried out by the Ministry of Youth Affairs, Creative Economy, and Sports. In the statement, the Committee should-

Senator Mungatana, you may proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern, namely - Mental Health Awareness Month, which is observed worldwide in May and was first recognized in 1949. Mental Health Awareness Month began in the United States of America as an initiative of Mental Health America to educate the public about mental health, rais…

awareness surrounding research and treatments, reduce the stigma associated with mental illness and celebrate recovery from mental illness. In Kenya, we are only beginning to embrace, appreciate and accept mental health as an important aspect of our well-being. Therefore, we are not as schooled in these mental health matters as we should be. Some reasons that make people not seek care for mental …

research that was done in old people's homes. The greatest regret is that they did not embrace family enjoyment moments, fun, and laughter as they ought to with their children. Movement, as we have fun and laughter within the family, increases our motivation and the psychological benefits that accompany them. In this mental health awareness week, I encourage us to create time to play games with o…

We will proceed to the Statement pursuant to Standing Order No. 57 (1) by the Senate Majority Leader.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.57 (1) . I hereby present the business of the Senate for the week commencing Tuesday, 21st May, 2024. Forty-three Bills are pending conclusion in the Senate. Of these Bills, 40 are at the Second Reading stage while three are at the Committee of the Whole stage. A total of 16 Motions are pending conclusion, 20 Petitions are due for reporting b…

have come. We must appreciate the office of the Speaker for indulging Members, especially on the sticky topic of what is a related Supplementary Question. We want to beg that you indulge us even further because the Cabinet Secretaries need to know what is happening in their State Departments, whether asked prior, presently, or even in the future. The business for Wednesday, 22nd May 2024 afternoo…

Senate Majority Leader, may you approach the Chair.

[(Sen. Cheruiyot approached the Speaker)]

Hon, Senators at this juncture allow me to invoke the provisions of Standing Order No.45(2) to rearrange, the sequence of today's Order Paper for the convenience of the House. We will move straight away to Order No.9 and 10 and thereafter we will resume the normal flow of today's business as contained in the Order paper. Clerk, proceed to call that order, please.

Order, Members. We would now like to proceed to Division on the Conflict of Interest Bill (National Assembly Bills No. 12 of 2023). Serjeant-at-Arms, please lock the Doors and draw the Bar.

Sen. Tabitha Keroche and Sen. Samson Kiprotich, approach the Chair. (Sen. Tabitha Keroche Sen. Cherarkey approached the Temporary Chairperson)

(Question, that Clauses 3, 5, 7, 13, 15, 19 (Chair) (Sen. Olekina), 24, 27 (Sen. Olekina0, 29, 30, 34 (Sen. Olekina), 39, 40, 41, 42 (Sen. Olekina), 44, 46, 50, 51, the Third Schedule and Clause 2 be amended as proposed, put and the Senate proceeded to vote by County Delegations) AYES: Sen. Abass, Wajir County; Sen. Ali Roba, Mandera County; Sen. Cherarkey, Nandi County; Sen. Cheruiyot, Kericho C…

Kakamega County; Sen. Kisang’, Elgeyo Marakwet County; Sen. Mandago, Uasin Gishu County; Sen. Methu, Nyandarua County; Sen. Mungatana, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Seki, Kajiado County; Sen. Sifuna, Nairobi City County; Sen. Tabitha Keroche, Nakuru County; Sen. (Prof.) Tom Ojienda, SC Kisumu County; Sen. Wakili Sigei, Bomet County;Sen. Wambua, Kitui County; and, Wambua,…

Mr. Chairperson, Sir, on behalf of the Leader of the Majority, I beg to move that the Committee do report to the Senate its consideration of the Conflict of Interest Bill, (National Assembly Bill No.12 of 2023) and its approval thereof with amendments.

[(Question proposed)]

[(Question put and agreed to)]

[(The House resumed)]

[[The Deputy Speaker (Sen. Kathuri) in the Chair]]

Hon. Senators, please hold on. Kindly have your seats. Let us conclude this business nicely. We will have progress reported on the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) . Let us have the Chairperson.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) and its approval thereof with amendments.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. Chimera to second.

Where is Sen. Chimera?

I second.

[(Question proposed)]

[(Question put and agreed to)]

Mr. Deputy Speaker, Sir, I beg to move that the Conflict of Interest Bill (National Assembly Bills No.12 of 2023) be now read a Third Time.

Mr. Deputy Speaker, Sir, I second.

[(Question proposed)]

[(Question put and agreed to)]

Let us proceed to vote. Sen. Kavindu, kindly approach the Clerk’s Table.

[(Electronic Voting in progress)]

[(Sen. Kavindu Muthama approached the Clerk’s Table and registered her vote)]

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

Let us now go back to Order No.8.

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

I now order that the Doors be opened and the Bars be drawn.

Hon. Senators, we are now on Order No.13. The business appearing in Order No.9 is deferred.

So, we are on Order No. 13. Clerk, read it out, kindly.

Sen. Boni, you were interrupted while you were making your contribution. You have got a balance of 59 minutes to contribute.

Mr. Temporary Speaker, Sir, I had just opened my mouth before my time was up. Therefore, allow me to repeat that I rise to move that the Public Transport (Motorcycle Regulation) Bill (Senate Bills No.38 of 2023) be read a second time. This is a Bill that seeks to pave way for an Act of Parliament to provide for the regulation of the boda boda industry and for connected purposes. This is an import…

relating to transport to represent groups with special interests in the motorcycle transportation industry. In Clause 6, I have given the functions of the Board. In a nutshell, the Board shall be responsible for the regulation, management and coordination of all matters relating to the motorcycle transport sector within the county. Without prejudice to the generality of the Subsection (1) in Cla…

Sen. (Dr.) Khalwale, there is an intervention by Sen. Mandago.

Mr. Temporary Speaker, Sir, I would like to inform the Senator for Kakamega County so that he does not wonder why the women in Kisumu sit like that. The women in Kisumu County observe decency.

Sen. (Dr.) Khalwale, proceed.

Mr. Temporary Speaker, Sir, the Senator for Uasin Gishu is right. However, I was reporting what I observed. If what I observed is acceptable to the law enforcers and distinguished Senators, you will make a proper suggestion. Nonetheless, I find the sitting position by the women in Kisumu County extremely risky. When the riders make a curve, and the lady is seated across the motorbike, they fall as…

In Rwanda, you will be impressed. You will see some of the riders who are tech moving with disposable paper towels, which they quickly put in the helmet and the passenger puts on, so that the sweat of the previous rider does not affect the current one. “(j) ensure that the rear number plates are visible at all time;

Sen. Nyamu, proceed to second the Bill.

Mr. Temporary Speaker, Sir, I rise to second this Bill by the Majority Whip, the Kakamega Senator, Sen. (Dr.) Khalwale, which seeks to regulate the boda boda sector. Despite numerous efforts made by the Government to regulate the boda boda sector, including having the National Transport and Safety (NTSA) Regulations, 2015 and having a task force in 2019, the sector remains very informal and unreg…

As the Sponsor of the Bill has made reference to, Rwanda has managed to regulated their motorcycle transport and taxis sector by modernizing it, through the initiative called Smart Kigali and we can borrow a leaf from our neighbouring country who have successfully done it by passing this law. On legal clarity and having laws in this sector is going to help in creating the rights and responsibilit…

Hon. Members, I see there is interest in contributing to this Bill and I ask Sen. Oketch Gicheru to proceed to contribute to the Bill.

Mr. Temporary Speaker, Sir, I stand here very proud of the Senator for Kakamega, Dr. Boni Khalwale. He is one of the veterans and fewest Members of Parliament who consistently looks at contributions in this House that touch at the grassroots level – the micro and macro-economic level of our society. I have seen Sen. (Dr.) Khalwale talk passionately, sometimes controversially so, against the Gover…

months ago when we went for the East African Legislative Assemblies (EALA) games. We saw the organization of boda bodas in Rwanda and the discipline they have. If you are to quantify the impact of that discipline and organization in terms of the economic input to the economy, then, that is very big. However, they have also not scratched the whole surface of this industry. For instance, if you have…