Senate · Afternoon Sitting
Thursday, 19 September 2024
Senators debated the urgency of a disaster management bill, citing repeated tragedies such as school fires, dam collapses and the Solai Dam incident, and exposing chronic misappropriation of disaster funds at county level. They contrasted Kenya’s shortcomings with Brazil’s rapid, accountable response to the Brumadinho dam disaster, urging stronger legal frameworks, better oversight and compensation mechanisms. The discussion combined criticism of current failures with constructive proposals for improved governance and preparedness. Senators debated an amendment to the Division of Revenue Act that would delete Section 5 and alter the revenue‑sharing formula between the national and county governments, with proposals to reduce the total allocation to Ksh 2.6 trillion and maintain a Ksh 400.1 billion county share. The discussion featured strong opposition, references to past devolution‑related legal battles, and concerns that the amendment could undermine the Senate’s constitutional role in protecting county interests. Senators debated the allocation of Kshs400 billion to county governments, questioning the basis for reductions and the lack of a Finance and Budget Committee report. The discussion shifted to broader governance concerns, highlighting delays in corruption prosecutions, the need for stronger anti‑economic‑crime legislation, and the importance of delivering infrastructure and services to citizens. While criticism dominated, members also called for greater accountability and legislative reforms.
Clerk, do we have quorum? Serjeant-at-Arms, kindly ring the Quorum Bell for 10 minutes. Okay. We now have quorum. Clerk, you can now read out the first Order. Next Order.
[(The Clerk-at-the-Table consulted the Deputy Speaker)]
[(The Quorum Bell was rung)]
Hon. Senators, pursuant to Standing Order No.232 (1) (a) , I hereby present to the Senate that a Petition has been submitted--- Order, Senators! I repeat, pursuant to Standing Orders No. 232 (1) (a) , I hereby present to the Senate that a Petition has been submitted to the Clerk by Mr. Charles Ochola Osango on behalf of other citizens of the Republic of Kenya and residents of Nairobi, seeking the…
The salient issues raised in the said Petition are as follows. You can find your way in, Sen. Wakili Sigei.
It is your choice, Sen. Tobiko.
[(Laughter)]
No, Mr. Deputy Speaker, Sir.
Next Order.
Senate Majority Leader, proceed.
Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, the 19th of September,
Thank you. Let us go to the next Order.
Thank you, Mr. Deputy Speaker, Sir. This is on the abduction and disappearance of the Kitengela Three. I rise Pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the abduction and suspected forced disappearance of Jamil Longton, his brother, Aslam Longton and activist Bob Micheni Njagi, who were abducted on t…
Not at the moment, later.
[(Laughter)]
Thank you, Mr. Deputy Speaker, Sir. Request for a Statement on cases of reported killings of residents of Bombaba Ward, Kenyanya Sub-county, Kisii County. I rise pursuant to Standing Order No. 53 (1) , to seek a Statement from the Standing Committee on National Security, Defence and Foreign Relations regarding the alarming cases of reported murders of residents in Bombaba Ward, Kenyanya Sub-count…
Sen. Okenyuri---
Allow me to just mention that.
Sen. Okenyuri, you know you are deliberately doing a mistake. Sen. Agnes Kavindu, proceed.
Thank you, Mr. Deputy Speaker, Sir. I have two Statements. First is Statement on Early Childhood Development and Education (ECDE) in Machakos County. I rise pursuant to Standing Order No. 53 (1) to seek a Statement from the Standing Committee on Education regarding the status of ECDE in Machakos County. In the Statement, the Committee should-
Next is Sen. Jackson Mandago.
Thank you, very much, Mr. Deputy Speaker, Sir. I have two Statements. I request that you allow me to read them.
Next is Senator Mohammed Sheikh Abass.
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 unpaid allowances for Wajir County Government Lands Tribunal Committee and the Municipality Board members. The Lands Tribunal Committee was appointed on 18th September, 2020 by the County Secretary in a term of three years, while the Count…
Are you through with the Statement?
Let me just expound on it.
No, you will appear before the Committee to explain all those other details. Next is Sen. 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 extortion of parents through illegal demands for fees for remedial classes in schools. In the Statement, the Committee should:-
Senator from Busia, thank you very much.
It is governors and Members of County Assembly (MCAs) who belong to counties. Those are the village people. We are the national leaders. Thank you.
Next is the Senator from Marsabit County.
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 non-payment of gratuity by Marsabit County Government to Ms. Fatuma Nur Ibrahim. Ms. Fatuma Nur Ibrahim was appointed on contract as the Chief Officer (CO) in the Department of Education, Skills Development, Youth and Sports by Marsabit County …
Sen. Mumma, you have the Floor.
Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) ---
Point of order!
Sen. Catherine Mumma, just a minute. What is your point of order, Sen. Onyonka?
Mr. Deputy Speaker, Sir, I would like to request that you send one of the Clerks-at-the-Table to go and stop the noise that is interfering with the discussions.
That will be done shortly. Proceed, Sen. Mumma.
Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to request a Statement from the Standing Committee on Justice, Legal Affairs and Human Rights regarding the urgent and concerning the issue of alleged defilement and incestuous
impregnation of a minor from Kigoto Village in Suba South Sub County in Homa Bay County. The child victim was 13 years old at the time she was defiled allegedly by her paternal uncle in December 2021. The case was reported in March 2022 when it was discovered that the child was pregnant. The child’s mother later filed a case at the magistrate’s court in Mbita and it was almost due for judgment bu…
Next is Sen. Eddy Oketch.
Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the plight of Community Health Promoters (CHPs) and previously Community Health Volunteers (CHVs) in Migori County. In the Statement, the Committee should-
I will allow about 30 minutes for Members to make brief comments. That is Statement under Standing Order No.57 (1) . Okay, proceed.
[(Sen. Cheruiyot spoke off record)]
[(Sen. Cheruiyot spoke off record)]
Mr. Deputy Speaker, Sir, pursuant to Standing Order No.57 (1) , I hereby present the business of the Senate for the week commencing Tuesday, 24th September, 2024. I take this opportunity to welcome hon. Senators back from recess. From today’s Order Paper, it is evident that as we begin Part IV of the Third Session, we have a full in-tray. I, therefore, continue to implore hon. Senators to priorit…
No.32 to the Cabinet Secretary for Tourism and Wildlife by Sen. David Wakoli and finally Question No.89 to the Cabinet Secretary for Tourism and Wildlife by Sen. Julius Murgor. Mr. Deputy Speaker, Sir, the business for Wednesday 25th September, 2024 afternoon sittings will include business not concluded in the Order Paper for Tuesday 24th September, 2024 and the following business Bills that are …
There is a projected business for Thursday 26th September, 2024, which will include business not concluded in the Order Paper for Tuesday 24th, September and any other business scheduled by the SBC. At the meeting of the Committee held on Tuesday,17th September, 2024 the SBC approved the schedule of Statements by Committee chairpersons, pursuant to Standing Order No.56 (1)(b). The first three Sta…
Point of order, Mr. Deputy Speaker, Sir.
What is your point of order, Sen. Sifuna? Sen. Sifuna. Mr. Deputy Speaker, Sir, I rise Pursuant to Standing Order No.52. I did not mean to interrupt the Majority Leader, but the Standing Orders require that he should bring a personal statement under Standing Order No.52 and explain these matters. To do it in this particular order is a violation of the House rules. There is nothing that stops him f…
You know, he requested to speak because there is a matter which happened last night. I was trying to listen to what is it that he must say before the Floor of this House. Nonetheless, you interrupted before I listen to him in order to give guidance. I wanted to give guidance to him after I listened because I was not privy---
[(Loud consultations)]
Hon. Senators, you cannot guide the Chair on what to do. I did not have the advantage of listening to that gentleman last night. I was trying to get what he said about the Majority Leader. Let us get what he said.
Hon. Senators, the hour for Statements is over. As you may recall, at the morning sitting of the Senate held yesterday, Wednesday, 18th, September 2024, I directed Sen. Tobiko to substantiate utterances made in the course of her contribution on a supplementary question to the Cabinet Secretary for Roads and Transport. The direction arose out of a point of Order by the Senator for Uasin Gishu Coun…
Thank you, Mr. Deputy Speaker, Sir. I would also have loved that you informed the House that I am the one who has come to remind you that I had evidence to table. I was very eager to do that and I did not want it to be forgotten.
[(Laughter)]
Sen. Sen. Tobiko, you are out of Order.
[(Laughter)]
Yes, Mr. Deputy Speaker, Sir because I was eager to table and I hereby to table a video recording.
Proceed and table.
[(Sen. Tobiko laid the documents on the Table)]
So, Sen. Tobiko, your evidence will be reviewed to ascertain whether it meets the threshold of evidence. That will not be done right away because I can see your evidence is a video. We do not have the gadgets to do it now. Hon. Senators, we are rearranging the Order Paper. Order numbers 8 to 14 are therefore deferred. Let us go to Order No.15.
(Bill deferred)
amendment of DORA, but that did not happen. The shocks now are not bigger than at that time. Madam Temporary Speaker, as a matter of principle, the framers of the Constitution would have expressly indicated in the Constitution that in terms of a shortfall of revenue, then the national Government should bear the entire shortfall. The reason for that is that counties do not have the luxury to raisi…