Senate · Afternoon Sitting

Thursday, 19 January 2023

Session Summary

The Senate afternoon sitting was dominated by procedural disputes, including a senator’s failure to properly activate his camera and questions about dress code, as well as objections to two delegations voting while seated. Points of order were raised over Standing Order No.88, the chair overruled some challenges, and the division vote proceeded amid the controversy. Senators debated amendments to a bill on committee composition, urging broader inclusion of persons with disabilities, youth, and diverse religious groups, as well as a nominee from the Public Service Commission. Several members opposed the changes, warning of possible unrest and emphasizing the need for proper representation, while procedural motions and a roll‑call vote were conducted. The discussion combined constructive suggestions with strong opposition, reflecting a mixed tone. Senators debated an amendment concerning the composition of the Parliamentary Service Commission, with the majority urging adherence to Article 127 and concerns raised about legal challenges and minority representation. The session featured procedural disputes over voting, camera usage, and points of order, alongside remarks on the IEBC and public service recruitment. Tensions were evident but the debate remained focused on constitutional and procedural matters.

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The Speaker (Hon. Kingi)

Clerk, do we have quorum? Okay, let us proceed with the first Order of the day.

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Sen. Ogola. NOES

Sen. Abdul Haji, Garissa County; Sen. Ali Roba, Mandera County; Sen. Cheptumo, Baringo County; Sen. Cheruiyot, Kericho County; Sen. Chesang, Transa Nzoia County; Sen. Gataya Mo Fire, Tharaka Nithi County; Sen. Githuku, Lamu County; Sen. Kathuri, Meru County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Kisang, Elegeyo Marakwet County; Sen. (Dr.) Lelegwe Ltumbesi, Sambur…

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Sen. (Dr.) Lelegwe Ltumbesi. The Temporary Chairperson (Sen. Abdul Haji)

Hon. Senators, the results of the division on Sen. Mumma’s amendment are as follows-

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Sen. Sifuna

On a point of order, Mr. Temporary Chairman, Sir, The Temporary Chairperson (

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Sen. Abdul Haji) :

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Sen. Abdul Haji) :

What is your point of order, Sen. Sifuna?

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Sen. Sifuna

Mr. Temporary Chairman, Sir, you can see where we had our differences. That gentleman is clearly not in a tie; he is not appropriately dressed. He should not be counted as being part of these proceedings. (Several Senators spoke off record) The Temporary Chairperson (

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Sen. Abdul Haji) :

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Sen. Abdul Haji) :

Please let us have order. I am being advised that I made a ruling. However, having looked at the Senator again, I doubt that I made the right ruling. However, the ruling has already been made. The procedure is that once the ruling has been made, we cannot debate it again. I guess we will---

[(Loud consultations)]

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Sen. Sifuna

County; Sen. (Prof.) Tom Ojienda SC. Kisumu County; Sen. Wafula Bungoma County; Sen. Wakili Sigei, Bomet County and Sen. Wamatinga, Nyeri County.

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Sen. (Dr.) Lelegwe Ltumbesi. NOES

Sen. Dullo, Isiolo County; Sen. Faki, Mombasa County; Sen. Madzayo, Kilifi County; Sen. (Dr.) Oburu, Siaya County; Sen. Omogeni, Nyamira County; Sen. Osotsi, Vihiga County and Sen. Sifuna, Nairobi City County.

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Sen. Ogola. The Temporary Chairperson (Sen. Abdul Haji)

Hon. Senators, the results of the vote on the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bills No.49 of 2022) is as follows: -

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, I now call upon the Chairperson to report progress.

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Sen. Abdul Haji

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Independent Electoral and Boundaries Commission (Amendment) Bill 2022, (National Assembly Bill No.49 of 2022) and its approval thereof without amendments.

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The Deputy Speaker (Sen. Kathuri)

Very well. I now call upon the Mover of the Bill

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The Deputy Speaker (Sen. Kathuri)

The Senate Leader of Majority (

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Sen. Cheruiyot):

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Sen. Cheruiyot):

Mr. Deputy Speaker, Sir I beg to move that the House do agree with the Committee on the said report and I request Sen. Methu to Second.

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Sen. Methu

Mr. Deputy Speaker, Sir, I Second.

[(Question proposed)]

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The Deputy Speaker (Sen. Kathuri)

Let me put the question again. Some hon. Senators: No! We said “Aye”!

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Hon. Senators, listen. I think the Members were not attentive on what the Motion was to be.

[(Loud consultations)]

h
hon. Senator

Are we serving orders?

h
hon. Senator

Huyu sio Sen. Abdul Haji.

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Order, Members! An hon. Senator: Sen. Sifuna did not vote.

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Order, Members! I am calling them over. Senate Majority Leader, proceed.

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Sen. Cheruiyot

Mr. Deputy Speaker, I beg to move that the Independent Electoral and Boundaries Commission (Amendment) Bill (National Assembly Bill No.49 of 2022) be now read a Third Time. I request the Senator for Nakuru County, Sen. Tabitha Keroche to second.

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Sen. Tabitha Keroche

Mr. Deputy Speaker, I second the Bill. I call for a Division. The Serjeant-at-Arms can ring the Bell for two minutes.

[(Question proposed)]

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Sen. Ogola

Mr. Deputy Speaker, I am here.

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The Deputy Speaker (Sen. Kathuri)

Okay. Clerk, proceed.

[(Voting in progress)]

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The Deputy Speaker (Sen. Kathuri)

Serjeant-at-arms, open the door.

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The Deputy Speaker (Sen. Kathuri)

NOES: Sen. Dullo, Isiolo County and Sen. Faki, Mombasa County. Teller of the Noes: Sen. Ogola.

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The Speaker (Hon. Kathuri)

Hon. Senators, the results are as follows-

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The Deputy Speaker (Hon. Kathuri)

Hon. Senators, we are done with today’s business. Thank you so much for your time and dedication to the duty of this Republic.