Senate · Afternoon Sitting

Clerk, do we have quorum? Hon. Senators, kindly take your seats. Clerk, you may proceed to call your first Order. Senator for Lamu County, kindly take your seat.

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.46 (3) and (4) , I received the following Message from the Speaker of the National Assembly regarding the approval, by the National Assembly, of the Mediated Version of the County Governments Additional Allocations Bill (National Assembly Bill No.23 of 2023) - The Message, dated Wednesday, 21st February, 2024, was re…

2023/2024 Financial Year and the responsibilities of the national Government and county governments pursuant to such allocation; AND WHEREAS on 23rd November, 2023, the Bill was committed to a Mediation Committee in accordance with Article 112(2) of the Constitution, following the National Assembly's rejection of the Senate amendments to the said Bill; FURTHER WHEREAS, on 21st February, 2024, th…

Hon. Senators, pursuant to Standing Order No.163, which requires that a Bill which originates in the National Assembly be proceeded with by the Senate in the same manner as a Bill introduced in the Senate by way of First Reading in accordance with Standing Order No.144, I will direct the Clerk to call out Order No.8 on today’s Supplementary Order Paper and read a first time, The Affordable Housing…

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Thursday, 22nd February, 2024- Report of the Auditor-General on Financial Statement of the County Executive of Tharaka-Nithi for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statement of the County Assembly of Tharaka-Nithi for the year ended 30th June, 2023. Report of the Audito…

[(State and Public Officers)]

Report of the Auditor-General on Financial Statement of the County Executive of Meru for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statement of the County Assembly of Meru for the year ended 30th June, 2023. Report of the Auditor-General on Financial Statement of the Meru County Revenue Board for the year ended 30th June, 2023. Report of the Auditor-General on F…

Next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion - THAT, the Senate adopts the Reports of the Select Committee on County Public Investments and Special Funds on the consideration of the Audit Reports for the year ended, 30th June, 2019, 30th June, 2020 and 30th June, 2021 of the following Water Service Providers-

Sen. (Dr.) Khalwale, please, proceed. Just hold on, Sen. (Dr.) Khalwale. Next Order.

[(Sen. Cheruiyot consulted with the Speaker)]

Mr. Speaker, Sir, I rise pursuant to Standing Order No.53 (1) to seek a Statement from the Standing Committee on Trade, Industrialisation and Tourism regarding the police raid on businesses in Eastleigh, Nairobi City County, over counterfeit products. In the Statement, the Committee should-

Proceed, Sen. Githuku.

Mr. 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 provision of National Transport and Safety Authority (NTSA) services to the Huduma Centre in Lamu County. In the Statement, the Committee should -

Thank you very much, Mr. Speaker, Sir. On behalf of Sen. Wakili Sigei, I rise to request for a Statement on the status and welfare of Early Childhood Development Education (ECDE) teachers in Bomet County. In the Statement, the Committee should-

Order No.7 (b) will be handled later. We will straightaway move to Order No.8. Clerk, kindly call the Order.

[(Interruption of Statements)]

Next Order.

Mr. Speaker, Sir, I rise to move the following Motion being the Motion on the mediated version of the County Governments (Additional) Allocations Bill (National Assembly Bills No.23 of 2023) . Mr. Speaker, Sir, I beg to move the County Governments Additional Allocations Bill (National Assembly Bill No. 23 of 2023) which was published on 24th May, 2023. The National Assembly considered and passed…

[(Laughter)]

Proceed, Sen. (Dr.) Khalwale.

It is because of his beard.

[(Laughter)]

[(Laughter)]

Thank you, the Senate Majority Whip, Sen. (Dr.) Khalwale. I rise to second this Report. I am very obliged to second it. I highly appreciate the Members of the Committee who took their time, especially from the Senate side, who have been mentioned by the leader of the team, Sen. (Dr.) Khalwale. They are Sen. Veronica Maina, Sen. Shakilla Abdalla, Sen. Lenku, Sen. Oketch Gicheru and Sen. Montet. W…

deliberations we focus on each and every year. They include the issues of the County Allocation of Revenue Act (CARA) and the Division of Revenue Allocation (DoRA) We had already processed this Bill as the Committee on Finance, but we had some hitches. I am very happy that there was a positive conclusion. I am also happy with the leadership of the National Assembly led by none other than Hon. Ndi…

[(Loud consultations)]

Order, hon. Senators. Kindly, you may consult, but do it in a manner that does not disrupt business of the House. Proceed, Senator.

Thank you, Mr. Speaker, Sir. The other issue that has been in serious discussion in our Committee is library funds amounting to Kshs425 million for the 33 counties. The National Treasury has been lagging in ensuring that counties get this money. Keep in mind that before the devolved governments came to place, we had staff in different libraries in the counties. Without them getting these funds, it…

focused on the issue of climate change. He is leading this conversation. We have this sum of money that we have seen, the Kshs517 million from the County Climate Institutional Support. We also have the KSh6.2 billion and Kshs1.2 billion. My colleague Senators, it is wise to know from the Standing Committee of Finance and Budget that there are so many funds that are going to the counties. I urge y…

Do you second or support?

Sorry, Mr. Speaker, Sir. I support.

Thank you.

[(Loud consultations)]

[(Applause)]

Yes. Thank you.

Sen. Omogeni, do you want me to put this to a vote or do you have something to say?

[(Laud consultations)]

Thank you, Mr. Speaker, Sir. I do not want to irritate my colleagues. I have read the mood of the House; you can put the question.

[(Laughter)]

Hon. Senators, now it is my determination, pursuant to Standing Order No.84 (1) , that indeed this matter affects counties. Therefore, voting shall be by delegations. Serjeant-at-Arms, kindly ring the Division Bell for two minutes. I have said two minutes.

Machakos County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Kinyua, Laikipia County; Sen. Korir, Bomet County; Sen. (Dr.) Lelegwe Ltumbesi, Samburu County; Sen. Maanzo, Makueni County; Sen. Methu, Nyandarua County; Sen. Mungatana, MGH, Tana River County; Sen. Munyi Mundigi, Embu County; Sen. Murgor, West Pokot County; Sen. Mwaruma, Taita-Taveta County; Sen. (Dr.) Oburu, Siaya County; Sen. Omogeni,…

Hon. Senators, the results of the Division are as follows-

Mr. Speaker, Sir, I rise pursuant to Standing Order No.57 (1) to present to the Senate the business of the House for the week commencing Tuesday, 27th February, 2024. During the morning sitting of Wednesday, 21st February, 2024, the Senate considered and passed seven Bills. That is a record. I do not recall a time before when we have passed seven Bills in one sitting. Mr. Speaker, Sir, from the …

Chairpersons may apprise the House on matters for which a committee is responsible. Further, Standing Order No.56(1)(aa), provides a mechanism for Standing Committees to---

Order, Sen. Nyutu! You may sit next to the Senator for Nyandarua and consult in low tones. Proceed, Senate Majority Leader.

Thank you, Mr. Speaker Sir. I urge standing committees to make use of these provisions to update the House on various business. This is a call to Chairpersons of various committees to consider seriously Bills before them and guide the House on what they are doing with those particular Bills. Mr. Speaker, Sir, you will recall that this week, for example, there was a heated debate on the Water (Ame…

Before the Clerk calls the next order, allow me to make the following communication.

Before the Clerk calls the next Order, allow me to make the following Communication. In the Public Gallery, we have 43 students accompanied by two lecturers from the University of Embu Environmental Club, who are undertaking an education visit in the In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my behalf, I…

Asante, Bw. Spika, kwa kunipa nafasi hii niwakaribishe wanafunzi wa Chuo Kikuu cha Embu. Wanafunzi hawa wana bahati kwani wamekaa katika Bunge hili la Seneti karibu saa moja. Ni matumaini yangu kuwa wamejifunza mengi. Ili wawe viongozi ama Maseneta wa kesho, ni lazima waache mada za kulevya na pombe. Kama mnavyoona, sisi tuna umoja ijapokuwa kuna Maseneta wa upande wa walio wengi na walio wachac…

Thank you. Clerk, next Order.

This order is deferred.

The Bill is deferred.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. I would have expected Sen. Osotsi to thank all of us, but I think he was trying to summarise everything. Mine is a straightforward amendment where we are trying to amend the Public Service Act, . Mr. Temporary Speaker, Sir, the Public Service Commission (PSC) and counties also have been provided under Article 232 of the Constitution …

[(Values and Principles)]

[(No. 1 of 2015)]

Order No.14 is equally deferred to the next Sitting. Next Order. The Senator from Nandi, Sen. Cherarkey, proceed to take the microphone.

Hon. Members, this is a Communication from the Chair on visiting students from the Universities Students Association in Nandi County. Indeed, this is your county, Sen. Cherarkey. Hon. Senators, I would like to acknowledge the presence in the public gallery this afternoon of visiting students from the Universities Students Association in Nandi County. The delegation comprises 40 students who were …

Sen. Cherarkey, I will interject for purposes of guidance, you have not moved the Bill to be read a Second Time. Therefore, as a senior Senator and a ranking Member, I request that you take your seat so that I make a communication then you can move.

My apologies, Mr. Temporary Speaker, Sir.

[(Interruption of debate on Bill)]

Under Article 232, we should ensure that diverse communities in Kenya are reflected. That is important. The process of policy making is critical. Public participation is now an integral part. The Affordable Housing Bill, which was passed by the National Assembly yesterday, was read here today for the First Time. The reason it was brought back by the court is because of the aspect of public partic…

not count our children. He is my neighbour and I wish him well as he endeavours to become a governor. The upshot of what I am saying is that the public service must be reflective. Kenyans normally say so and so has not been employed because they do not come from a certain region. The Constitution is clear on values and principles of public service that men, women, PwDs and ethnic groups must be r…

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

Under Article 232, we should ensure that diverse communities in Kenya are reflected. That is important. The process of policy making is critical. Public participation is now an integral part. The Affordable Housing Bill, which was passed by the National Assembly yesterday, was read here today for the First Time. The reason it was brought back by the court is because of the aspect of public partic…

I know what he wants to achieve. He wants to call for quorum. Anyway, let us see you next week.

[(Sen. Oketch Gicheru spoke off record)]

Clerk, give Sen. Oketch Gicheru the microphone please.

Mr. Temporary Speaker, Sir, I expected both Minority and Majority Whips to guide the Senator for Migori. I should not be interrupted while moving a Bill because it is sacrosanct.

Mr. Temporary Speaker, Sir, I rise under Standing Order No.41. I have been listening to the Senator for Nandi County. The things he is talking about are so important and pertinent that I am even wondering whether we have enough quorum to discuss them. Perhaps, you can advise whether we should continue listening to this wonderful presentation and passionate submission by the Senator for Nandi Count…

Sen. Oketch Gicheru, indeed, it is sustained that we do not have quorum for now. I therefore call upon the Serjeant-at-Arms to ring the quorum Bell for 10 minutes.

[(The Quorum Bell was rung)]

Clerk, give Sen. Oketch Gicheru the microphone please.

Mr. Temporary Speaker, Sir, I rise under Standing Order No.41. I have been listening to the Senator for Nandi County. The things he is talking about are so important and pertinent that I am even wondering whether we have enough quorum to discuss them. Perhaps, you can advise whether we should continue listening to this wonderful presentation and passionate submission by the Senator for Nandi Count…

Sen. Oketch Gicheru, indeed, it is sustained that we do not have quorum for now. I therefore call upon the Serjeant-at-Arms to ring the quorum Bell for 10 minutes.

[(The Quorum Bell was rung)]