Senate · Afternoon Sitting

Thursday, 1 December 2022

Session Summary

The Senate addressed the non‑appearance of Prof. Ojienda before a committee and debated the need for the committee to share its response on a sensitive county boundary issue involving Kisumu, Nandi and Kericho. Senators also corrected the reported number of applicants to the Hustlers Fund and raised procedural points about the order of statements. The discussion combined cooperative acknowledgements with disputes over fairness and accuracy. Senators debated the alleged mismanagement of the Equalisation Fund in ASAL counties, questioning the whereabouts of billions allocated for drought relief and irrigation and calling for greater accountability of governors. The discussion was marked by accusations of corruption, procedural interruptions, and references to constitutional provisions governing resource distribution. The Senate afternoon sitting addressed several motions and statements, including a commemoration of the International Day of Persons with Disabilities, a request for a statement on compensation for Nairobi residents affected by illegal demolitions, and concerns over the management of athletics after the 2021 Tokyo Olympics. Senators called for committee inquiries into athlete support, particularly for sprinter Ferdinand Omanyala, and referenced ongoing constitutional amendment processes. The debate was largely procedural but highlighted accountability issues in sports and housing.

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The Deputy Speaker (Sen. Kathuri)

Hon. Members, we are short of quorum by two Members. Kindly ring the Bell.

[(The Quorum Bell was rung)]

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The Deputy Speaker (Sen. Kathuri)

I can now confirm that there is quorum. Let us now proceed to transact our business. Clerk, proceed.

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The Deputy Speaker (Sen. Kathuri)

Senate Deputy Majority Whip, please proceed.

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Sen. (Dr.) Lelegwe Ltumbesi

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 1st December, 2022.

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The Deputy Speaker (Sen. Kathuri)

There is another Paper on the Parliamentary Service Commission (PSC) Annual Report. Okay, it has been laid. Next order, please. Proceed, Senate Majority Whip.

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Sen. (Dr.) Khalwale

Mr. Deputy Speaker, Sir, I beg to give Notice of the following Motion - THAT, ACKNOWLEDGING the resolution of the National Assembly on the establishment of an Ad-Hoc Committee on a legislative proposal to amend the Constitution to entrench certain specialised funds transmitted as a Message seeking concurrence of the Senate; RECOGNIZING the need for a bicameral approach on the proposal prior to pub…

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The Deputy Speaker (Sen. Kathuri)

Next Order. There is a Statement from Sen. Crystal Asige who will be represented by Sen. Lemaltian. Sen. Lemaltian, kindly proceed.

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Sen. Lemaltian

Thank you Mr. Deputy Speaker, Sir. On behalf of my colleague, Sen. Crystal Asige who is in Juba, I want to read her Statement on the matter of International Day of Persons with Disabilities (PWDs) . Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.52 (1) to make a Statement on a matter of international concern to commemorate the International Day of Persons with Disabilities that is …

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Sen. Lemaltian

Thank you. Let us go to the next Statement by Sen. Mariam Omar.

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Sen. Lemaltian

Thank you, Mr. Deputy Speaker, Sir. 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 compensation due to Nairobi residents in Mihang’o Ward, Embakasi East Constituency for the illegal demolition of their houses by the Kenya Power Company in 2019. In the Statement, the Committee should -

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The Deputy Speaker (Sen. Kathuri)

Thank you. Next is the Statement by Sen. Cherarkey.

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Sen. Mariam Omar

Thank you very much Mr. Deputy Speaker, Sir. I wish to request for a Statement on the status of athletics and management of athletes following poor performance at the 2021 Tokyo Olympics. 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. It regards the status of athletics after poor performance at…

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The Deputy Speaker (Sen. Kathuri)

I can see Sen. Orwoba. Do you want to make a comment on this Statement? Kindly proceed.

[(Sen. Orwoba spoke off-record)]

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Sen. Cherarkey

Thank you very much Mr. Deputy Speaker, Sir. I wish to request for a Statement on the status of athletics and management of athletes following poor performance at the 2021 Tokyo Olympics. 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. It regards the status of athletics after poor performance at…

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The Deputy Speaker (Sen. Kathuri)

I can see Sen. Orwoba. Do you want to make a comment on this Statement? Kindly proceed.

[(Sen. Orwoba spoke off-record)]

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Sen. Orwoba

Thank you, Mr. Deputy Speaker, Sir and thank you, Sen. Cherarkey for bringing this to light. I think in this industry of sports, we have had a lot of hiccups in the past. Therefore, before we are able to move forward and know how to further push our sports economy, it is important that we hold certain offices accountable. We need to conduct a proper audit, so that we know whether it is, indeed, t…

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The Deputy Speaker (Sen. Kathuri)

Secondly, the Statement should tell us the support and protection the Government is giving to Ferdinand Omanyala - the first Kenyan to demonstrate that we can win a gold medal in 100-meter race. Since this is a jealously guarded sport so that he is not tricked into doping or some other form of injury. Could the Government tell us what they are doing to protect Ferdinand Omanyala? Thank you.

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Sen. (Dr.) Khalwale

Thank you.

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Sen. (Dr.) Khalwale

Secondly, the Statement should tell us the support and protection the Government is giving to Ferdinand Omanyala - the first Kenyan to demonstrate that we can win a gold medal in 100-meter race. Since this is a jealously guarded sport so that he is not tricked into doping or some other form of injury. Could the Government tell us what they are doing to protect Ferdinand Omanyala? Thank you.

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The Deputy Speaker (Sen. Kathuri)

Thank you.

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Sen. Cherarkey

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

[(Laughter)]

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The Deputy Speaker (Sen. Kathuri)

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Sen. (Dr.) Khalwale

Mr. Deputy Speaker, Sir, just a point of information to the Senate of Kenya. He has mentioned something about doping. I am happy that the other day, the Athletics Integrity Unit (AIU) in Monaco, through President Sebastian Coe, declined to suspend Kenya from participation in World Athletic Championship. This was after the Kenya Government committed to allocate Kshs619 million per year, to fight th…

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The Deputy Speaker (Sen. Kathuri)

That is a cup full of information. The next Statement is from the Senator for Taita Taveta County and I can see he is not around. He

[(Laughter)]

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Sen. Cherarkey

has two Statements. This also applies to the Senator for Mombasa County, Sen. Faki. Those Statements stand deferred until when they will be available to prosecute them.

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The Deputy Speaker (Sen. Kathuri)

That is a cup full of information. The next Statement is from the Senator for Taita Taveta County and I can see he is not around. He

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The Deputy Speaker (Sen. Kathuri)

has two Statements. This also applies to the Senator for Mombasa County, Sen. Faki. Those Statements stand deferred until when they will be available to prosecute them.

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Sen. Tobiko

Thank you, Mr. Deputy Speaker, Sir. I beg to make a Statement pursuant to Standing Order No. 56 (1) (a) in response to the Statement by Sen. (Prof.) Tom Ojienda, SC regarding the border dispute between Kisumu, Nandi and Kericho counties. Mr. Deputy Speaker, Sir, I rise, pursuant to Standing Order No. 56 (1) (a) ---

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The Deputy Speaker (Sen. Kathuri)

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

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Sen. (Dr.) Khalwale

Mr. Deputy Speaker, Sir, as we are all aware, today, Thursday, 1st December, 2022, is the last sitting day pursuant to the Senate Calendar for the First Session that was adopted on Wednesday, 12th October, 2022. As such, at the rise of the Senate later this evening, the Senate will proceed to recess until Tuesday, 14th February, 2022, God willing. In the event that there will be need for sittings…

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Sen. (Dr.) Khalwale

Mr. Deputy Speaker, Sir, please protect me. The Senator is about to punch me in the back. Finally, this is just an appeal to you. When the Statement was read on behalf of Sen. Asige, the Senator who discharged the honorable service forgot and she is a neighbour of the people of Baringo. She needed to introduce herself so that they know we have diversity in this House. Sen. Lemaltian is actually t…

[(Loud consultations)]

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Sen. Cherarkey

Next Order.

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Sen. (Dr.) Khalwale

Mr. Deputy Speaker, Sir, please protect me. The Senator is about to punch me in the back. Finally, this is just an appeal to you. When the Statement was read on behalf of Sen. Asige, the Senator who discharged the honorable service forgot and she is a neighbour of the people of Baringo. She needed to introduce herself so that they know we have diversity in this House. Sen. Lemaltian is actually t…

[(Loud consultations)]

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The Deputy Speaker (Sen. Kathuri)

Next Order.

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The Deputy Speaker (Sen. Kathuri)

First Reading

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Sen. (Dr.) Khalwale

Mr. Temporary Speaker, Sir, as the Senate Majority Whip has indicated, this is more of a procedural Motion. I will only say two things. First, I am happy that for the first time, there is concurrence on the need for this ad hoc Committee. In the previous sessions, we have not been working together to ensure that we maximize on our collective legislative role because of sibling rivalry. I commend …

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Sen. (Dr.) Khalwale

affect the release of NG- CDF money. I have also seen that he advised the National Treasury to release a tranche of Kshs2bilion per week to the CDF so that our children who depend on bursary development in schools--- I know Sen. Cheptumo used to serve as the Member of Parliament of Baringo North and, therefore, is well versed with issues of NG-CDF. There is a new development by the AG of the Repu…

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Sen. Cherarkey

Hon. Senators, I propose the question. I therefore, call the Senators to make contributions on this Motion. Proceed, Sen. Cheptumo.

[(Question proposed)]

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Sen. Cherarkey

affect the release of NG- CDF money. I have also seen that he advised the National Treasury to release a tranche of Kshs2bilion per week to the CDF so that our children who depend on bursary development in schools--- I know Sen. Cheptumo used to serve as the Member of Parliament of Baringo North and, therefore, is well versed with issues of NG-CDF. There is a new development by the AG of the Repu…

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The Temporary Speaker (Sen. Abdul Haji)

instance, was at the range of Kshs35 million and above, if you apply the percentage that is allowed in the law. This has caused a lot of suffering especially in the pastoral areas where the livelihood of our people to pay fees and have food is dependent on livestock. Now, they have all gone because of the drought. There is no hope and other means to educate their children. The bursary through the…

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Sen. Cheptumo

Mr. Temporary Speaker, Sir, I thank you for the upon opportunity to contribute. I support this Motion. The Motion is very clear as to the foundation why this Ad hoc Committee of the two Houses is established. The Special Funds, for example, the NG-CDF has played a very critical role in the development of our country. I served in the National Assembly as a Member of Baringo North for three terms. …

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Sen. Cheptumo

Thank you, Senator. Sen. Wamatinga.

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Sen. Cheptumo

Mr. Temporary Speaker, Sir, I support and plead with Members to pass this. I am sure the other side has already approved the Members and we should do it here for us to come back to the House with a report within 90 days and move forward.

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The Temporary Speaker (Sen. Abdul Haji)

Thank you, Senator. Sen. Wamatinga.

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Sen. Wamatinga

Thank you, Mr. Temporary Speaker, Sir. I also rise to support this Motion. Looking at the composition of the Members, I have no doubt they have what it takes to do the mandate that has been given to them in that ad hoc Committee. I served for five years as the Chairman of the Mathira Constituency National Government-Constituencies Development Fund (NG-CDF) when the current Deputy President was t…

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The Temporary Speaker (Sen. Abdul Haji)

Kenyans are affected by the drought. Students are not going to school for lack of fees and we need to expedite this process so that it helps our communities that are in dire need. Thank you, Mr. Temporary Speaker, Sir.

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Sen. Abbas

I call upon the Mover to reply.

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Sen. Abbas

Kenyans are affected by the drought. Students are not going to school for lack of fees and we need to expedite this process so that it helps our communities that are in dire need. Thank you, Mr. Temporary Speaker, Sir.

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The Temporary Speaker (Sen. Abdul Haji)

I call upon the Mover to reply.

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Sen. (Dr.) Khalwale

Thank you, Mr. Temporary Speaker, Sir. I thank all distinguished Senators for their contributions, both in secondment and support of this Motion. I have got only one word. I appeal to Members of this ad hoc Committee that we are not playing games with public funds. We are not attempting to mutilate the Constitution. We do not want to do work in futility. I, therefore, appeal to them to anticipate…

[(Question put and agreed to)]

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The Temporary Speaker (Sen. Abdul Haji)

Hon. Senators, considering the time and in consultation with the leadership and the House Business Committee, we have decided to defer Motions Nos.13, 14 and 15. The Movers of those Motions will have to refile them when we come to the next session of Parliament. Next Order.

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The Temporary Speaker (Sen. Abdul Haji)

urban centres while in the countryside there are inadequate numbers offering limited variety of facilities; ACKNOWLEDGING THAT the cost of such developments and the uncertainty of the returns on investment restrict the supply of the facilities, the risks too great for small companies and the returns too meagre for large companies, some amenities remain unviable, and insufficiently provided for by …

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The Temporary Speaker (Sen. Abdul Haji)

to the overreliance on hydro-electric power generating plants that have been negatively impacted by perennial drought experienced in the country; NOTING THAT imbalance in the demand and supply of power coupled with payments by the Kenya Power and Lighting Company (KPLC) for produced power not consumed and fluctuation in the foreign exchange rates contribute to the high cost of electricity; APPRECI…

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The Temporary Speaker (Sen. Abdul Haji)

demanding that educators engage in inquiry and co-learning with students, while noting the lack of time and curriculum opportunities to address climate change in the classroom; COGNIZANT OF THE FACT that the Constitution of Kenya in Article 42 provides for the right to a clean and healthy environment for every Kenyan, which includes the right to have the environment protected for the benefit of th…

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The Temporary Speaker (Sen. Abdul Haji)

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Tuesday, 14th February, 2023 at 2.30 p.m. I take this early opportunity to wish you all a peaceful and restful recess, happy holidays, a Merry Christmas and a prosperous New Year come 2023. Thank you all. The Senate rose at 6.36 p.m.