Senate · Afternoon Sitting

Thursday, 18 April 2024

Session Summary

Senators debated the need to amend the County Governments Act to raise the impeachment threshold and to introduce clear continuity provisions after a deputy governor or CECM is removed, citing the Kisii County case as a cautionary example. They called for broader oversight mechanisms covering cabinet secretaries and state agency CEOs, and highlighted practical challenges such as office conditions that affect legislative work. The discussion combined criticism of current loopholes with constructive proposals for legislative reform. Senator Thang'wa outlined the progress of the County Governments (State Officers' Removal from Office) Procedure Bill and argued for raising the removal threshold and extending timelines to curb emotionally driven impeachments. He cited county examples to illustrate inconsistencies in CECM empowerment and proposed restructuring the CECM role, including creating a separate County Officer position to improve accountability and reduce costs. The discussion combined criticism of current practices with constructive reform proposals. Senators debated a Bill to raise the removal threshold for County Executive Committee Members (CECMs) from one‑third to two‑thirds, arguing it would safeguard their independence and improve devolution performance. They highlighted past abuses, such as politically motivated removals and intimidation of staff, while expressing strong support for the amendment as a step toward greater respect and accountability for county officials. The discussion also touched on the need for clearer grounds for impeachment and broader protection of county assemblies and their staff.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes.

[(The Quorum Bell was rung)]

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The Speaker (Hon. Kingi)

Clerk, you may proceed now that we have quorum. Call the first Order.

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The Speaker (Hon. Kingi)

Senate Majority Leader, kindly proceed.

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Sen. Seki

Report of the Auditor-General on Financial Statements of Mavoko Water and Sewerage Company Limited for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Kathiani Water and Sanitation Company Limited for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statements of Mwala Water and Sewerage Company Limited for the year ended 30th Ju…

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Proceed, Sen. Miraj on behalf of Sen. Mumma.

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Sen. Miraj

Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion- AWARE THAT the Constitution has entrenched a strong Bill of Rights in Chapter 4, which recognizes human rights including socio-economic rights and the principle of equality and non-discrimination. FURTHER AWARE THAT Kenya lacks a policy for guiding the management of these Social Risks in the design and implementation of i…

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Sen. Miraj

unacceptable and end up costing the taxpayer colossal sums of money in suits filed before the courts and tribunals by local communities and affected interest groups seeking protection from such social risks. NOW, THEREFORE, the Senate resolves that-

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

Statements pursuant to Standing Order No.56 (1) (b) . The Chairperson of the Standing Committee on Information Communication and Technology (ICT) .

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Sen. Miraj

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Information, Communication and Technology for the period commencing 1st January, 2024 to date. The Senate Standing Committee on Information, Communication and Technology is established under Standing Order No.228 (3) of the Sen…

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Sen. Miraj

Mr. Speaker Sir, the statement sought by Sen. Cherarkey, MP on the alleged breach of customer data at the Naivas Supermarket was considered by the Committee and concluded. The Committee is currently pursuing a response from the Ministry of ICT and Digital Economy, the Communication Authority and Safaricom on the Statement regarding the increased number of dropped calls on the mobile network telec…

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Sen. Miraj

I thank you.

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The Speaker (Hon. Kingi)

The Chairperson, Justice, Legal Affairs and Human Rights, you may have the Floor.

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Sen. Mbugua

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Labour and Social Welfare for the period commencing 1st January, 2024 to date. Mr. Speaker, Sir, the Senate Standing Committee on Labour and Social Welfare is established under Standing Order No.228 (3) of the Senate Standing O…

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Sen. Mbugua

during this period as it concluded and tabled reports on all the six Petitions committed to the Committee in the Second Session. Mr. Speaker, Sir, 29 Statements were ongoing from the previous reporting period and 12 Statements were sought from the Committee during the current period. The Committee considered and concluded four of them and is currently considering the remaining ones. The Committe…

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Sen. Mbugua

and the National Council of Persons with Disability (NCPD) on various issues that are its mandate. Mr. Speaker, Sir, I wish to thank your Office and that of the Clerk of the Senate for the continued support accorded to the Committee in undertaking its work. Lastly, I wish to thank the Members of the Committee for their commitment and diligence in contributions during the Committee’s activities. …

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The Speaker (Hon. Kingi)

The Chairperson, Standing Committee on Agriculture.

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Sen. (Dr.) Murango

Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 1 (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Agriculture, Livestock and Fisheries during the First Part of the Third Session, January to April, 2024. The Senate Standing Committee on Agriculture, Livestock and Fisheries is established under Standing Order No.228 (3) of the …

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The Speaker (Hon. Kingi)

The next Statement is by the Chairperson of the Standing Committee on Health. Where is Sen. Mandago? I thought I saw him in the House!

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Sen. Mandago

I am here, Mr. Speaker, Sir.

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The Speaker (Hon. Kingi)

Proceed.

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Sen. Mandago

Mr. Speaker, Sir, this is a Statement relating to the activities of the Standing Committee on Health, from 13th February, 2024, to 28th May, 2024. Mr. Speaker, Sir, I rise pursuant to Standing Order No.56 (1) (b) of the Senate Standing Orders to make a Statement relating to the activities of the Standing Committee on Health during the Part I of the Third Session of the 13th Parliament. The Stand…

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The Speaker (Hon. Kingi)

Statement pursuant to Standing Order No.52. The Hon. Mwinyihaji Faki.

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Sen. Faki

Asante sana Bw. Spika. Nimesimama kuambatana na Kanuni za Kudumu za Seneti 52 (1) kutoa kauli kuhusu jambo linalohusu kaunti nzima, kuhusiana na hali ngumu za kazi na kunyanyaswa kwa wafanyikazi wa Export Processing Zones (EPZ) hususan wafanyikazi wa Ashton Apparels Mjini Mombasa. Kuna mashirika mengi ambayo yamefungua biashara ili kusafirisha bidhaa kwenda masoko ya Marekani kupitia kwa mpango w…

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Sen. Faki

Lakini fursa hii imekuwa ni sababu ya baadhi ya mashirika yanayo faidi kutokana na mpago huu kukandamiza haki za wafanyikazi, hivyo basi kuhujumu sekta hii ambayo inatoa ajira kwa Wakenya wengi. Kumekuwa na visa tele vya ukandamizaji wa haki za wafanyikazi mikononi mwa mashirika haya kama ifuatavyo -

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The Speaker (Hon. Kingi)

Statement pursuant to Standing Order No.53 (1) . Hon. Karen Nyamu.

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Sen. Nyamu

Mr. Speaker, Sir, I rise pursuant to Standing Order 53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the traffic congestion in Nairobi City and its environs. In the Statement, the Committee should -

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The Speaker (Hon. Kingi)

Statement pursuant to Standing Order No.57 (1) . The Senate Majority Leader.

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Sen. Cheruiyot

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 57 (1) to hereby present the business of the Senate for the week commencing 23rd of April, 2024. Before I present this Statement, allow me to use this opportunity to welcome colleagues back from the short recess period. I believe that we have had some time to meet our constituents, spend time with our families and friends, rejuvenated over b…

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Sen. Sifuna

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

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The Speaker (Hon. Kingi)

Sen. Sifuna, that was in good faith, honestly. Proceed, Majority Leader.

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Sen. Cheruiyot

I do not want to make another positive comment on Sen. Sifuna, because I am not sure whether he will understand, or he will challenge me again. At its meeting held on Tuesday 16 April, 2024, the Senate Business Committee (SBC) approved the next set of Questions to be scheduled in the Order Paper for Wednesday 24 April, 2024. The summary of the questions is the Cabinet Secretary to appear as follo…

[(Sen. Cheruiyot laid the document on the table)]

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The Speaker (Hon. Kingi)

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The Speaker (Hon. Kingi)

At the interruption of debate, Sen. Mungatana had the Floor and had a balance of 13 minutes. He is not in the House, so we will proceed. Sen. Crystal Asige, you have the Floor.

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Sen. Cristal Asige

Thank you very much, Mr. Speaker, Sir, though I had pressed the microphone to comment on the Statements just read.

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The Speaker (Hon. Kingi)

Sen. Orwoba. Sen. Onyonka, you may proceed.

[(Sen. Orwoba spoke off record)]

[(Sen. Onyonka spoke off record)]

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The Speaker (Hon. Kingi)

All right then. I will call upon the Mover to reply.

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Sen. Cheruiyot

Thank you, Mr. Speaker, Sir. I want to thank colleagues who took the time to speak to this very important Bill. This is an important industry, and I must mention that Sen. Sifuna decided to take my comments out of context yesterday when I said that I do not understand gambling. He decided to say that I am moving a Bill that I have no idea what it is about. Of course, he chose to misinterpret my co…

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Sen. Cheruiyot

board to the tenets of devolution and ensure that the Council of Governors (COG) has better representation than what is presently in the Bill. Therefore, I want to take this opportunity to urge those colleagues who have promised to file these amendments to do so. I intend to perhaps progress the Bill later next week, subject to the membership of the House being quorate, to ensure that we have eno…

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The Speaker (Hon. Kingi)

Very well. The division on this Bill is deferred to a later date. We will proceed with Order No.14. Clerk, proceed to call that Order, please.

[(Putting of the Question on the Bill deferred)]

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The Temporary Speaker (Sen. Wakili Sigei)

(Bill deferred)

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The Temporary Speaker (Sen. Wakili Sigei)

CONCERNED THAT, the construction of the Mombasa Municipal Stadium has encountered delays and setbacks since the inception of the project in 2019 due to financial constraints, which has since been halted depriving the community of the much-needed facility; NOW THEREFORE, the Senate resolves that the National Treasury and the Ministry of Youth Affairs, Creative Economy and Sports allocates a condit…

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The Temporary Speaker (Sen. Wakili Sigei)

With that, hon. Members, I ask that we rise. There being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 23rd April, 2024, at 2.30 p.m. The Senate rose at 6.10 p.m.