Senate · Afternoon Sitting

Clerk, do we have quorum? Serjeant-at- Arms, kindly ring the Quorum Bell for 10 minutes. Order, hon. Senators. We now have quorum, so we proceed with today's business. Clerk, proceed to call the first Order. The Chairperson, Standing Committee on Health. Sen. (Dr.) Lelegwe Ltumbesi, proceed.

[(The Quorum Bell was rung)]

Thank you, Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate, today, 1st August, 2024- Joint Report of the Standing Committee on Health of the Senate and the Departmental Committee on Health of the National Assembly on the approval of Dr. Patrick Omwanda Amoth, EBS, for appointment as the Director General for Health. I beg to lay. Thank you.

The Chairperson, Standing Committee on Energy, proceed.

Thank you, Mr. Speaker, Sir. I beg to lay the following paper on the Table of the Senate, today, 1st August, 2024- The Report on the Standing Committee on Energy on the Local Content Bill, Senate Bills No.50 of 2023. I beg to lay.

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

Let us go to the next Order.

Mr. Speaker, Sir, on behalf of the Chairperson, Standing Committee on Health, I beg to give notice of the following Motion- THAT, the Senate adopts the Joint Report of the Standing Committee on Health of the Senate and the Departmental Committee on Health of the National Assembly on the approval of a nominee for appointment as Director General for Health, laid on the Table of the Senate, on Thurs…

Let us move on to the next Order. Statement pursuant to Standing Order No. 53 (1) . Sen. Osotsi, proceed.

Sen. Beatrice, you need to indicate whether you have the authority to hold his brief first, then you can proceed because it is not your Statement.

Thank you, Mr. Speaker, Sir. I have been requested by Sen. Osotsi to read out his Statement.

Proceed.

Thank you, once more, Mr. Speaker, Sir. This is a request for a Statement by Sen. Osotsi on the state of vocational training centres in Vihiga County. I rise pursuant to Standing Order No.53 (1) to seek a statement from the Standing Committee on Education regarding the state of Vocational Training Centres in Vihiga County. In the Statement, the Committee should-

Proceed.

Mr. Speaker, Sir, this is a request for a Statement by Sen. Osotsi on the status of payment of stipend to Community Health Promoters (CHPs) . I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Health regarding the status of payment of stipends to the CHPs. In the Statement, the Committee should-

The next Statement is by Sen. Wakoli. If he is not here, the Statement is dropped.

Next is the Statement pursuant to Standing Order No.57 (1) by the Senate Majority Leader.

Mr. Speaker, Sir, on behalf of the Senate Majority Leader, pursuant to Standing Order No.57 (1) , I hereby present the business of the Senate for the week commencing Tuesday, 6th August, 2024. During the sitting of the Senate held on Tuesday, 30th July, 2024, the Senate passed five Bills at the Second Reading stage. The Bills will be scheduled for the Committee of the Whole in the coming week. I …

while 12 are at the Committee of the Whole stage. We also have 19 Motions pending conclusion, 20 Petitions are due for reporting by the respective standing committees and 385 Statements are pending before the respective standing committees. In accordance with the calendar of the Third Session, the Senate is scheduled to proceed on recess from 9th August, 2024, and resume regular sittings on 3rd S…

Sen. (Dr.) Khalwale, what is your intervention?

Thank you, Mr. Speaker, Sir. I rise to seek your clarification on a matter of procedure. Mr. Speaker, Sir, under Article 96 (1) of the Constitution, I, Dr. Boni Khalwale, represents the County of Kakamega and I serve to protect the interests of the County of Kakamega and the County Government of Kakamega. Mr. Speaker, Sir, why is it that on a matter of procedure, has the Office of the Clerk refu…

Sen. Boni, there is nothing to clarify.

[(Laughter)]

Next Order. Second Reading

Hon. Senators, this is a constitutional amendment, which requires the presence of 45 Senators. We shall, therefore, proceed to defer it until such a time that we have that number. Next Order.

Mr. Speaker, Sir.

Yes, Sen. (Dr.) Khalwale.

Mr. Speaker, Sir, this is a very important order. Probably, with due respect, you need to convene a kamkunji, so that we prevail upon ourselves, that before this business starts, we must have the 45 Members. Mr. Speaker, Sir, having served you as your Whip for the last two years, it is not easy to get 45 Members into the House, unless we precede it with a kamkunji.

Thank you, Sen. Boni. As you sit, in front of you is written ‘the Majority Whip.’

[(Laughter)]

Hon. Senators, before I allow debate on this Order, allow me to make the following Communication.

[(Interruption of debate on Bill)]

Hon. Senators, before I allow debate on this Order, allow me to make the following Communication. Sen. Eddie, acquaint yourself with the Standing Orders. You have come of age now. We are almost two years into this Senate. Hon. Senators, pursuant to the provisions of Standing Order No.47, I wish to convey the following Message from His Excellency the President, regarding Parliamentary approval of…

Approval Act, Cap 7 of the Laws of Kenya. To aid the august House in its consideration and approval processes, kindly be pleased to receive the Certificate of Presidential Nomination No.5 of 2024, together with the nominees' curriculum vitae and testimonials. As we set our sights on continuing the transformation of the National Police Service, the House is urged to prioritize the consideration of…

Hon. Senators, I wish to report to the Senate that I have, pursuant to Standing Order No.46 (3) , received the following Message from the Speaker of the National Assembly regarding the decision of the National Assembly on the Senate amendments to the Conflict of Interest Bill (National Assembly Bill No.12 of 2023) . The Message, dated Wednesday 31st July, 2024, was received in the office of the Cl…

“WHEREAS on Wednesday 30th November, 2023, the National Assembly passed the Conflict of Interest Bill (National Assembly Bill No.12 of 2023), and thereafter referred the Bill to the Senate for consideration in accordance with the provisions of Article 110 (4) of the Constitution; AND WHEREAS on Thursday 16th May, 2024, the Senate conceded and passed the Bill with amendments and referred it back t…

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

You may proceed.

Mr. Speaker, Sir, we have had a conversation at the Senate Business Committee (SBC) regarding access to parliamentary proceedings by the media. Pursuant to Article 118 of the Constitution, I also know that our business is supposed to be done with access to the public. However, I have noted that in the past three weeks, this Senate Chamber has been very lonely. I have not seen any members of the pu…

The Public and the Speaker's Gallery are available to members of the public wishing to come and follow through debate and proceedings during Plenary. However, as the Chair or Senator, you do not have powers to force members of public to attend. As and when they wish to come, our doors are wide open. The Senate will never shut its doors to the public.

[(Applause)]

Thank you, Mr. Speaker, Sir, for giving me this opportunity to reply. I will start by thanking all the Members who contributed to this Bill for their insightful input. Pursuant to Standing Order No.63, I request that we defer the putting of the question on this Bill to a later date. This is an important Bill, which is addressing the extractive industry, specifically, the gas and oil industry. The…

Sen. Wamatinga, I thought you would go beyond that. Maybe, you are not getting me because I thought you would put a request, but let me do it on your behalf. We do not seem to have the necessary delegations for purposes of going to Division and, therefore, I will defer this particular business and move to the next. Next Order. Second Reading

[(Putting of Question on the Bill deferred)]