Senate · Afternoon Sitting

Thursday, 18 July 2024

Session Summary

Senators highlighted chronic delays and funding gaps in completing county headquarters and supporting Community Health Promoters, blaming mismatched contributions from national and county governments and bureaucratic bottlenecks. They urged the Senate, IGRTC and Council of Governors to expedite direct funding to counties so devolution objectives can be realized, noting that many headquarters remain unfinished after more than a decade. The debate also referenced constitutional values, expressing disappointment at the lack of tangible progress. The Senate afternoon sitting focused on procedural matters, with senators seeking statements on disaster preparedness in Kisumu, payroll irregularities in Samburu, and health stipends in Bungoma. The majority leader outlined a heavy backlog of bills, motions and reports, urging whips to secure delegations to clear pending business. Additional discussions highlighted a motion on social risk management in infrastructure and various regional parliamentary reports. Senators debated the State of the Nation motion, urging inclusivity, unity and urging political parties to set aside partisan interests after recent youth unrest that saw attacks on Parliament and other institutions. The Speaker reminded members of procedural rules and cautioned against unfounded points of order, leading to the motion and several bills being deferred. The exchange highlighted both constructive calls for national cohesion and procedural tension.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? You may proceed to call the First Order. The Senate Majority Leader.

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Sen. Cheruiyot

Mr. Speaker, Sir, I was happy to see Sen. Wambua is in good health. I beg to lay the following Papers on the Table of the Senate, today, 18th July, 2024.

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Sen. Cheruiyot

Report of the Committee on Agriculture, Tourism and Natural Resources of the East African Legislative Assembly on the on-spot assessment of the implementation of projects and plans by the Lake Victoria Basin Commission and Lake Victoria Fisheries Organisation. Report of the Committee on Regional Affairs and Conflict Resolution of the East African Legislative Assembly on the Oversight Activity to …

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The Speaker (Hon. Kingi)

Next Order. Statements pursuant to Standing Order No.53 (1) , hon. Sen. (Prof.) Tom Ojienda.

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Sen. (Prof.) Tom Odhiambo Ojienda, SC

Mr. Speaker, Sir, I rise under Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations concerning the level of disaster preparedness in Kisumu County. Kisumu County has been severely affected by recurring floods, impacting over 5,000 residents in the most recent incident. The County Government should prioritise disaster prepared…

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The Speaker (Hon. Kingi)

Sen. (Dr.) Lelegwe, proceed.

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Sen. (Dr.) Lelegwe Ltumbesi

Thank you, Mr. Speaker, Sir. I rise pursuant Standing Order No.53 (1) to seek a statement from the Standing Committee on Finance and Budget regarding anomalies in the payroll for the staff both contracted and those on permanent and pensionable terms serving in the County Executive of Samburu. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Wafula, proceed.

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Sen. Wafula

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Health on the status of monthly stipend payment to Community Health Promoters (CHPs) in Bungoma County from January 2024 to date. In the Statement, the Committee should-

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The Speaker (Hon. Kingi)

Sen. Mwaruma had two statements. Those two statements are dropped.

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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 present the business of the Senate for the week commencing Tuesday 23rd July, 2024. The status of legislative business before the Senate is as follows;- We have 49 Bills that are pending conclusion in the Senate, of which 42 are at the Second Reading stage while seven are at the Committee of the Whole. It is important to remind coll…

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Sen. Cheruiyot

include business not concluded from today's Order Paper as well as the business indicated in the notice attached to the Order Paper. The tentative business for Wednesday 24thJuly 2024, morning sitting, will include business not concluded on Tuesday, and they are as follows: The report of the Commonwealth Parliamentary Conference held in Accra, Ghana, the Report of the 147th Assembly of Inter Parl…

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Sen. Cheruiyot

I am not sure how many other times we have done this before, but it is a unique Motion. Therefore, it will be instructive to follow what happens. There is also an important Motion on the development of a policy and law for social risk management in infrastructure development projects in Kenya. When many of us travel abroad, we can tell a construction site from as far as a kilometre away, dependin…

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Sen. Ali Roba

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 56 (1) (a) of the Standing Orders of the Senate to give a Statement concerning the consideration of the Committee of the Reservation of the President on the County Allocation of Revenue Bill (Senate Bills No.25 of 2024) . Mr. Speaker, Sir, as you may be aware, the County Allocation of Revenue Bill (Senate Bill No.25 of 2024) was i…

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Sen. Ali Roba

By a letter dated 10th July, 2024 and received in the Senate on the 11th July, 2024, the President, in exercise of the power under Article 115(1)(b), declined to assent to the Bill and referred it back to Parliament, recommending that the Bill be amended by deleting the First Schedule and substituting with a new schedule. The New Schedule as proposed in the Memorandum by the President contained t…

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Sen. Ali Roba

Mr. Speaker, Sir, the Committee observed that the constitutional incompliant procedure in regards to this matter would be the reconsideration of the division of nationally raised revenue between the two levels of government for Financial Year 2024/2025 by Parliament. I wish to confirm that on Wednesday, 17th July, 2024, the National Treasury submitted the draft Division of Revenue Amendment Bill.…

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The Speaker (Hon. Kingi)

Next Order.

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The Speaker (Hon. Kingi)

The Senate Majority Leader, please, proceed.

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Sen. Cheruiyot

Mr. Speaker, Sir, I plead that we defer this Motion like we had requested. Mr. Speaker, Sir, I was waiting for Prof. Anyang’-Nyong'o's friend---

[(Sen. (Prof.) Tom Odhiambo Ojienda consulted the Speaker)]

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The Speaker (Hon. Kingi)

Senate Majority Leader, just---

[(Sen. Cheruiyot consulted the Speaker)]

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Sen. Cheruiyot

Mr. Speaker, Sir, you understand the unique nature in which we have dealt with this Motion; that there are few Members who have not spoken to it and we have been granting them an opportunity as leadership still consults on the final recommendations. I suspect that there may be Members in the House who are willing and have not had an opportunity to speak, save for Sen. Kinyua, who will move the ame…

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The Speaker (Hon. Kingi)

Sen. (Prof.) Tom Ojienda.

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Sen. (Prof.) Tom Ojienda Odhiambo, SC

Thank you, Mr. Speaker. I take this opportunity to contribute to the Motion on the State of the Nation. Coming after the contributions by the Senate Majority Leader, the Senate Minority Leader and several

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Sen. (Prof.) Tom Ojienda Odhiambo, SC

Senators from this side of the House, I wish to reiterate that this is a time when His Excellency President William Ruto, the President of the Republic of Kenya, must stand up and be counted to make Kenya what it is. We need to do those things that will define this nation as a nation that belongs to all the people of this country. To define this country as a nation that is not just made up of two …

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Sen. Oketch Gicheru

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

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Sen. (Prof.) Tom Ojienda Odhiambo, SC

I know he knows that, that is the right thing. I believe that my party---

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The Speaker (Hon. Kingi)

Order, Sen. (Prof.) Ojienda! Just have your seat. Before this Motion was processed, the leadership sat and agreed to basic House rules. One of those rules was that there shall be no points of order raised on any Senator who is on their feet contributing to this Motion. Again, I caution the Senators not to abuse that particular House rule, that you be factual. Remember, we have not suspended the S…

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Sen. (Prof.) Tom Ojienda Odhiambo, SC

Mr. Speaker, Sir, I will proceed and since Sen. Eddie will have a chance to speak, I will drop it, so that I move in a more structured manner.

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The Speaker (Hon. Kingi)

Very well.

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Sen. (Prof.) Tom Ojienda Odhiambo, SC

Mr. Speaker, Sir, it is not in doubt that our party leader, the Rt. Hon. Raila Odinga has seen the greater interest of this country as overriding momentary party interests. I thank him because this is a time to focus and bring our people together. It is a time to quell the near violence that we have seen in this country and bring all levels of government together. This is because what we witnesse…

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Sen. (Prof.) Tom Ojienda Odhiambo, SC

into Parliament, is something that has never been witnessed in the history of this country. We do not want to get to that low again. Mr. Speaker, Sir, on that fateful day, not only was Parliament attacked, but the Supreme Court and the County Government of Nairobi - the bastion representing devolved power - were also attacked. This country must pull together and to do that, there must be a begin…

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The Speaker (Hon. Kingi)

With that, we will defer the Motion. Clerk, call the next Order.

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The Speaker (Hon. Kingi)

Hon. Senators, this Bill is up for debate. (The Clerk-at-the-Table consulted the Chair) I am not having any name on my dashboard and the Mover is not present to reply. So, we will defer that Order. (Bill deferred) Next Order. Second Reading

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The Speaker (Hon. Kingi)

The Senate Majority Leader, proceed. That Order is deferred. Next Order. Second Reading

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The Speaker (Hon. Kingi)

Sen. Ledama Olekina. That Order is deferred.

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The Speaker (Hon. Kingi)

Next Order. Second Reading

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The Speaker (Hon. Kingi)

Sen. Okenyuri. That Order is deferred. Next Order. Second Reading

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The Speaker (Hon. Kingi)

Sen. Ali Roba. That Order is deferred. Next Order. Second Reading

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The Speaker (Hon. Kingi)

The Senate Majority Leader. That Order is deferred. Next Order. Second Reading

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The Speaker (Hon. Kingi)

The Senate Majority Leader. That Order is deferred.

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The Speaker (Hon. Kingi)

(Bill deferred) Next Order. Second Reading

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The Speaker (Hon. Kingi)

The Senate Majority Leader. That Order is deferred. Next Order.

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The Temporary Speaker (Sen. Veronica Maina)

Kiambu, Kitui, Marsabit, Narok, Nyamira, Trans Nzoia, West Pokot and Murang’a County Assemblies for the financial year 2019/2020 laid on the table of the Senate on Thursday, 7th March, 2024.

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The Temporary Speaker (Sen. Veronica Maina)

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Sen. Mungatana, MGH

On a point of order, Mr. Speaker, Sir. The Chairperson of this is Sen. Osotsi---

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The Temporary Speaker (Sen. Veronica Maina)

I am not a Mr. Speaker.

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Sen. Mungatana, MGH

Madam Temporary Speaker, the Chairperson of the Special Accounts Committee is Sen. Osotsi. Then, from our iPad, it appears that this Motion had been moved and seconded. So, it is due for debate, unless I am reading different information. So, we would like to make our contributions. Thank you, Madam Temporary Speaker.

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senator, this Motion was moved by Sen. Kajwang’ and he had not finished moving the Motion. He had a balance of about 15 minutes before he could conclude moving the Motion, so it is premature. The Order is, therefore, deferred. Next Order.

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The Temporary Speaker (Sen. Veronica Maina)

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 23rd July, 2024, at 2.30 p.m. The Senate rose at 5.59 p.m.