Senate · Afternoon Sitting

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

[(The Quorum Bell was rung)]

[(The Clerk-at-the-Table consulted with the Deputy Speaker)]

Do we have Papers to lay? Is the Chairperson or Vice-Chairperson of the Committee on Finance and Budget around? Any Member of the Committee? Sen. Faki, can you confirm whether you are a Member of the Standing Committee on Finance and Budget?

Mr. Deputy Speaker, Sir, I am.

Proceed and lay the Paper.

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, Thursday, 19th October, 2023- Report of the Standing Committee on Finance and Budget on its consideration of the Equalization Fund Appropriation Bill (Senate Bills No. 30 of 2023) .

[(Sen. Faki laid the document on the Table)]

Do we have any more papers to lay? Next Order.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a statement on an issue of general topical concern and national importance, namely the remarkable achievement by Mr. James Muhia and Mr. Cheruiyot Kirui from Nakuru and Uasin Gishu counties respectively, in summiting Mt. Manaslu in Nepal, reaching 8,163 metres above sea level. Their remarkable achievement is not only a t…

We have another statement by Sen. Crystal Asige.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of general topical concern; namely, commemorating the World Sight Day.

World Sight Day is celebrated annually every second Thursday of October. Its goal is raise awareness of vision impairment, blindness and the critical need for comprehensive eye care. Locally, this day brings into mind the reality of the 7.5 million Kenyans who live with severe visual impairment or blindness and the realisation that up to 90 per cent of these cases could have been prevented. Thus,…

Increasingly, more workers are using computers and other digital devices to fulfil their mandates. The use of digital devices has been linked with several eye disorders, making strategies for prudent screen time management imperative. On the other hand, technology is indispensable to persons living with visual impairment and blindness. Speaking from experience, the use of technologies such as scr…

I call upon each Member of this honourable House to take a personal pledge to hashtag “#LoveYourEyes” at work this year. I thank You, Mr. Speaker, Sir.

Thank you. There is also a Statement by Sen. Mumma.

Yes, Mr. Speaker, Sir. I can read them together if you allow me.

Yes, please. Proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Energy regarding the stalled electricity connectivity project within Isiolo County. In the Statement, the Committee should-

The teachers have undertaken their roles with due diligence and dedication in acting capacity since the appointment. These teachers have been serving in acting capacity for years with no goodwill from the Commission to confirm their status. Recall that the Public Service Commission Act, 2017, stipulates that public officers can only serve in an acting capacity for one to six months. Note, however…

Which date did you give?

On 28th. Sorry, this should be September. I need to correct that. It should be 28th September.

Hon. Senators, I have two Communications to make.

Thank you, Mr. Deputy Speaker, Sir, for welcoming the special team from Homa Bay County; students from Homa Bay County. Homa Bay is a known region of brains. So, the students are not here by accident, neither are they at the university by accident. We have had top notch brains from the country. Not 1, 2, 3, 10, 15, 50, or 100, but more than that. To the students from the county and on behalf of S…

Sen. M.Kajwang, now that you have showed up in this House, the students behind me are from your county. Do you have a word for them for one or two minutes?

Thank you, Mr. Deputy Speaker, Sir. I was actually rushing to be able to catch your eye to welcome the students from Homa Bay County. I would like to welcome them to the Senate and to also let them know that very soon Sen. M.

Kajwang’ and Sen. Ogola will be out of this Chamber to pursue other greener pastures. There will be a vacancy, which I hope they will be willing to fill. I also want to encourage them that leadership is not only in the political field, but they should aspire to be leaders in their professional fields. They can be leaders in the religious realm. They can be leaders at different levels. So, now tha…

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order 46 (3) and (4) , I received the following Message from the Speaker of the National Assembly with respect to the National Assembly's resolution on the extension of the mandate of the National Dialogue Committee passed on Tuesday, 17th October, 2023. The Message, which is dated Wednesday, 18th October, 2023, was received …

on the extension of the mandate of the National Dialogue Committee by a further 30 days from 28th October, 2023. Now, therefore, in accordadnce with the provisions of Standing Order No.41(1) of the National Assembly Standing Orders, I hereby convey the resolution of the National Assembly to the Senate for consideration. Hon. Senators, as you may be aware the Senate considered and passed a resolu…

Mr. Deputy Speaker, Sir, you have not committed my Statements.

I will commit all of them once we are through.

Okay.

Thank you, 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 regarding the status of contractual employment and delayed compensation for staff at Hola Referral Hospital in Tana River County. In the Statement, the Committee should-

The next Statement is by Sen. Shakilla Abdalla.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transport and Housing regarding the upgrade of Lamu Airport. In the Statement, the Committee should-

Thank you. The Senator for Kisumu County has delegated his Statements to the Nominated Senator, Sen. Lemaletian. Sen. Lemaletian, how many Statements have you been allowed to read?

Mr. Deputy Speaker, Sir, they are three.

Kindly, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the state of the coffee industry in Kisumu County. In the Statement, the Committee should-

Thank you. Hon. Senators, I urge other Senators to do what Sen. (Prof.) Tom Ojienda has done. When you have Statements on the Order Paper and you are not available, you delegate to your colleagues. I thank Sen. (Prof) Tom Ojienda for the working chemistry that he has with Sen. Lemaletian.

[(Laughter)]

Thank you very much for that. The next statement is by Sen. Abbas.

Mr. Deputy Speaker, Sir, I have two Statements and wish to read them all.

Kindly proceed.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Agriculture, Livestock and Fisheries regarding the state of the livestock sector in Kenya. In the Statement, the Committee should-

Sen. Osotsi, please proceed.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration regarding recruitments in public service and the representation of Kenya’s diversity. In the Statement, the Committee should-

Sen. Mwaruma, please proceed. You have two Statements.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to request a statement from the Standing Committee on Information, Communication Technology concerning the operations of the Kenya National Library Services. In the statement, the Committee should-

Proceed, Sen. Mundigi.

[(Sen. Joe Nyutu consulted loudly)]

Mr. Deputy Speaker, Sir, there is a lot of noise here. I am going to read a Statement on education and teachers yet the Chairman of the Standing Committee on Education is making a lot of noise.

Sen. Mundigi, you are protected. Please proceed to make your Statement.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the welfare of teachers engaged by the Kenya National Examination Council (KNEC) to administer and mark national examinations. In the Statement, the Committee should-

Proceed, Sen. Okiya Omtatah.

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Education regarding the failure by the Ministry of Education to harmonize the issuance of scholarships nationwide. In the Statement, the Committee should-

Next Statement is by Sen. Githuku of Lamu County.

Thank you, Mr. Deputy Speaker, Sir. I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Roads, Transportation and Housing regarding the open mines left by the contractor for the Garsen-Lamu road construction project. In the Statement, the Committee should-

Thank you. Next is 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 Education concerning the operational viability of the Webuye Campus of the Masinde Muliro University of Science and Technology. In the Statement, the Committee should-

Thank you. Proceed, Sen. Crystal Asige.

I thank you, Mr. Deputy Speaker, Sir. Very frustrated Kenyan musicians have sent me here to rise, pursuant to Standing Order No.53 (1) , to seek a Statement from the Standing Committee on Labour and Social Welfare on the status of implementation of the court order mandating the Registrar of Trade Unions to register the Kenya Musicians Union (KMU) . In the Statement, the Committee should-

Sen. Olekina.

Thank you, 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 regarding the non-remittance of death and disability benefits to public service employees in compliance with Section 6 (4) and Section 30 of the Public Service Superannuation Scheme (PSSS) Act of 2012. In the Statement, the Committee should-

Sen. Kibwana.

Thank you, Mr. Deputy Speaker, Sir. My Statement is on the ongoing demolitions and reports of illegal land grabbing in Athi River, Mavoko Constituency.

I rise, pursuant to Standing Order No.53(1), to seek a Statement from the Standing Committee on Land, Environment and Natural Resources on the ongoing demolitions and reports of illegal land grabbing of L.R. No. 7815/1, 10424, 10425, 8784/4, and 8786 in Athi River, Mavoko Constituency, said to belong to the East African Portland Cement Company. In the Statement, the Committee should-

Last but not the least, Sen. Cherarkey?

Thank you, Mr. Deputy Speaker, Sir. I urge my colleagues to listen to this Statement keenly.

Mr. Deputy Speaker, Sir, Pursuant to Standing Order No. (1) , I hereby present the business of the Senate for the week commencing Tuesday, 31st October, 2023. As you are aware, in accordance with the Senate Calendar approved on 16th February, 2023, the Senate will proceed on a one-week recess at the rise of the House today. Regular sittings of the Senate will resume on Tuesday, 31st October, 2023.…

Digital Health Bill (National Assembly Bills No.57 of 2023) and the Social Health Insurance Bill (National Assembly Bills No.58 of 2023). Mr. Deputy Speaker, Sir, I am happy to report that the diligence and tireless effort in debating and ultimately passing these Bills demonstrated your commitment to serving the best interests of our country. I have just come from a Presidential function where he…

Sen. Kinyua, what is your point of order? Is it based on the Statement made on behalf of the Majority Leader?

Asante Bw. Naibu Spika. Naunga mkono Kauli ya Kiongozi wa Walio Wengi katika Seneti na kumpongeza Rais, kwa kutia sahihi Miswada kadhaa ili iwe sheria, ndio nchi ya Kenya ichangamkie maswala ya afya. Nchi haiwezi kuendelea mbele bila watu kuwa na afya njema. Naunga mkono Kauli hii na kumpongeza Mratibu wa walio Wengi, Sen. (Dr.) Khalwale, kwa kazi nzuri aliyofanya kutuleta pamoja na kupiga kura i…

Sen. Kinyua, hutapata nafasi kama hiyo tena, kama huwezi pongeza Spika ambaye anafanya kazi kuliko maseneta wote. Umekanyanga live wire.

[(Laughter)]

First Reading

The debate on this Motion was interrupted on Tuesday, 17th October, 2023. Sen. Joe Nyutu had a balance of 18 minutes. If he is around, he can utilize his minutes. If he is not, then I will give the chance to any other Senator wishing to contribute to the Motion. According to my screen, no Senator wishes to proceed and contribute. The Mover and the Chairperson of the Committee on Devolution and In…

Mr. Deputy Speaker, Sir, I just wanted to appeal for your support on the need for us to conclude business. Since this is a fairly straightforward Motion and I am representing majority of the Members this afternoon, I want to plead that you to allow me to respond on behalf of the Mover, so that we vote and finish with this business to create room for other business to come on the Order Paper. With…

Sen. Methu, you may have the Floor.

Mr. Deputy Speaker, Sir, I have a lot of respect for my Senate Majority Whip, but as has been the custom here, I feel that if the Chairperson has not delegated such powers to you to respond on his behalf, it will be unfair. This is because Sen. Abass has been in this Chamber and if he wanted any of us to respond on his behalf, obviously he would have delegated. Number two, even though I know that…

Hon. Senators, the reason that I might be very hesitant to conclude this business is that during debate, Senators give some input to the Motion. The only custodian of whatever happened is the chairperson of the Committee. I think it will be very unfair if we conclude this Motion without his notice and presence because maybe we might benefit from the discussions that were made during the debate. T…

Mr. Deputy Speaker, Sir, I beg to move that the Care and Protection of Child Parents Bill (Senate Bills No.29 of 2023) be now read a Second Time.

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

Majority Whip, what is your problem today? You have just said you were in a presidential function. Are you are still excited from meeting the President? What is out of order again?

Mr. Deputy Speaker, Sir, it is a question of procedure, practice and etiquette. It is starting to occur that you need to give further guidance to Members of this House. Speaking from the dispatch box is reserved for the leadership of the House. It is called practice and etiquette. You can see they do not know. Can you guide the distinguished Sen. Miraj to---

[(Laughter)]

Let the Senate Majority Whip be heard.

Can you kindly request the Mover of the Bill to go back to her place and move the Bill from there because this is the dispatch box, it is reserved. It is a big mistake.

Sen. Miraj, you may proceed.

Mr. Deputy Speaker, Sir, I beg to move that the Care and Protection of Child Parents Bill (Senate Bills No. 29 of 2023) be now read a Second Time. The principle objective of the Bill is to provide a legal framework for the care and protection of child parents within the counties---

Sen. Miraj, since you have almost one hour to speak to your Bill, let me first recognise the visitors and then you will be heard uninterrupted for the time you want to speak.

[(Interruption of debate on Bill)]

Thank you very much, Mr. Deputy Speaker, Sir. Allow me to use this dispatch that I have heard today that it is a preserve of the leadership in which I serve as a chairman of a Committee. I am very excited to welcome the teachers and students from Mawingo Secondary School in Kipipiri. The students and teachers who are here hosted us and the Deputy President on Saturday last week. I am very excite…

My only comment as I have always said is that they should pay a lot of attention and put a lot of effort and hard work in their studies. The reason why some of us got an opportunity of coming all the way to the Senate is because we at least paid some attention to our school work. We were hard working and we excelled in academics. There is no other reason why most of us made it up to here. I wish t…

Proceed, Sen. Miraj.

[(Resumption of debate on the Bill)]

Thank you, Mr. Deputy Speaker, Sir. I beg to move that the Care and Protection of Child Parent Bill 2023, (Senate Bill Number 29 of 2023) , be read for the second time. Mr. Deputy Speaker, Sir, the principle objective of the Bill is to provide a legal framework for the care and protection of child parents within counties. The framework is intended to ensure that an expectant child or a child-pare…

practices, all forms of violence, inhuman treatment, punishment, and hazardous of exploitative labour. Section 13 of the Children’s Act No.29 of 2022, reiterates the right of a child to basic education and mandates the Cabinet Secretary in charge of children matters, in consultations with the Cabinet Secretary in charge of Education to develop and implement policies for the realization, by every …

[[The Deputy Speaker (Sen. Kathuri) left the Chair] [The Temporary Speaker (Sen. Veronica Maina) in the Chair]]

Clause 18 requires parents of pregnant children and of child parents to continue with their parental obligations of support to their child. Clause 19 provides for the school obligation to counsel the child, readmit the child once the child is born, continue supporting the child so that they continue with their education. Clause 20 makes it an offence for the school administration to refuse to rea…

Hon. Senators, before the Bill is seconded, I would direct that I reorganise the Order Paper to allow Sen. Mungatana, the Chair of the Ad Hoc Committee on Shakahola, to lay the Report.

[(Interruption of debate on Bill)]

Madam Temporary Speaker, I beg to lay the following Report on the Table of the Senate, today, 19th October, 2023- Report of the Ad Hoc Committee to investigate the proliferation of religious organisations and the circumstances, leading to the deaths of more than 95 people in Shakahola, Kilifi County.

[(Sen. Mungatana laid the document on the Table)]

Sen. Orwoba, please, proceed.

[(Resumption of debate on Bill)]

Madam Temporary Speaker, I stand to second the Bill by Sen. Miraj on the protection of child parents. Before I add my voice on this, perhaps for purposes of definition, a child parent is any parent who is under the age of 18 years. We know that in this country, we are dealing with many teenage pregnancies and injustices, particularly on our girls who are under the age of 18 years. These injustices…

am glad to see that Sen. Miraj has outlined a legal framework to ensure that for instance, some of the rights of the pregnant girl, including the basic right to education is protected. Madam Temporary Speaker, it has also become apparent that when we are talking about ensuring that bursaries are allocated fairly, these pregnant girls are automatically taken out of the list of bursaries. Part II …

Most of them are not pregnant by choice, but because of sexual abuse. Maybe some of them went out to look for ways and means, for instance, to get sanitary pads and ended up pregnant. It is just an issue of discrimination after discrimination and injustices after injustices. They then find themselves in a situation where they require us, legislators, to stand up and push for legislation that is go…

Hon. Senators, I invite the Senators who are interested to contribute to this Bill. I call upon Sen. Nyamu.

Thank you, Mr. Speaker, Sir. I take this opportunity to congratulate Senator---

It is not Mr. Speaker, Sen. Nyamu.

It is your hair that is confusing, Madam Temporary Speaker.

Sen. Nyamu, you are out of order. It has nothing to do with hair, but identity. If you cannot identify the Speaker on the Chair, how will you debate?

My profuse apologies.

I withdraw profusely. I thank you, Madam Temporary Speaker, for this opportunity. I congratulate my Senator colleague, Sen. Miraj, for this crucial Bill. We can see the impact of affirmative action as provided in the law and mechanisms to have more women in leadership. I dare say that such a Bill can only be brought to the Floor of the House by a lady because women, in their own nature, are sensi…

Sen. Mungatana, MGH.

Asante sana, Bi. Spika wa Muda, kwa kunipa nafasi niongee kuhusu Mswada huu ulioletwa na Sen. Miraj, Mteule wa Kaunti ya Mombasa. Mswada huu unaoongea kuhusu haki na kuchunga watoto wanaopata mimba au kutungwa mimba wakiwa bado wanaenda shule au wakiwa na miaka midogo. Watoto ambao wanapata mimba huzaa watoto wenzao. Hii sheria tunayotaka kuitunga kwa Seneti hii ni sheria kubwa na ya maana sana. …

Unapata msichana mdogo amepachikwa mimba. Ametoka shule na maisha yake yashaa haribika. Kisha, kuna mazungumzo ambayo yanafanywa ili watu wajaribu kujiokoa. Hii sheria imekuja kuelezea vizuri sana kwamba, ikiwa ni mtu mzima amejihusisha na kuhadaa watoto na kuwapachika mimba, mambo ya maslaha hakuna tena Kenya. Tunataka hii sheria tuipitishe ili zile mila zinazo umiza wasichana wetu wadogo tuzima…

Sen. Mungatana, there was a notice you had requested to move based on the timeframe, on the Report that you have presented on the proliferation of religious organizations and circumstances leading to more than 95 deaths in Shakahola, Kilifi. Are you ready to move it? I direct the Clerk to reorganize the Order and allow the Notice of Motion to be given.

[(Interruption of debate on Bill)]